Australian Capital Territory Current Regulations

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ENVIRONMENT PROTECTION REGULATION 2005 - REG 55J

Training—use of declared termiticides

    (1)     A person commits an offence if the person uses a declared termiticide as a pre-construction termiticide product.

Maximum penalty: 10 penalty units.

    (2)     An offence against this section is a strict liability offence.

    (3)     Subsection (1) does not apply if the person holds—

        (a)     a VET statement of attainment issued by a registered training organisation stating that the person has successfully completed each approved VET course unit of competency required for this section; or

        (b)     a qualification that is substantially equivalent to the statement of attainment mentioned in paragraph (a).

Note     The defendant has an evidential burden in relation to the matters mentioned in s (3) (see href="http://www.legislation.act.gov.au/a/2002-51" title="A2002-51">Criminal Code

, s 58).

    (4)     For subsection (1), a person uses a declared termiticide as a pre-construction termiticide product if the person uses the declared termiticide to install a chemical soil barrier to impede and discourage the concealed entry of termites into a structure before construction of the structure is completed.



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