Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) A person commits an offence if—
(a) the person uses an agricultural chemical product; and
(b) the product contains a schedule 7 poison; and
(c) the product is not any of the following:
(i) a declared liquid fumigant;
(ii) a declared vertebrate poison;
(iii) a declared avicide;
(iv) a declared industrial timber treatment;
(v) a declared termiticide.
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).
(4) Subsection (1) does not apply if—
(a) the person uses the product—
(i) as part of a farming or grazing activity; and
(ii) under the supervision of another person (the supervisor ) who holds a qualification mentioned in subsection (3); and
(b) before the use, the supervisor—
(i) chooses the product and prepares it for the use; and
(ii) checks that any equipment that is to be used to apply the product is in good working order; and
(iii) instructs the user how to use the product; and
(c) the person has used the product on not more than—
(i) 4 days in the last month; and
(ii) 12 days in the last year.
Note The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see href="http://www.legislation.act.gov.au/a/2002-51" title="A2002-51">Criminal Code
, s 58).