Clause 216
Unregistered plant pesticide use — strict liability
of Food Safety and Security Bill
BillNot in forceProvision 216 of 407
Clause 216
(1)
A person commits an offence if —
(a)
the person intentionally uses, or causes or permits the use of, any plant pesticide in —
(i)
the cultivation of any edible plant; or
(ii)
any place where any primary production activity is undertaken; and
(b)
the plant pesticide is an unregistered plant pesticide.
(2)
A person who is guilty of an offence under subsection (1) shall be liable on conviction —
(a)
where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or
(b)
where the person is not an individual — to a fine not exceeding $10,000.
(3)
Strict liability applies to the offence in subsection (1) except subsection (1)(a).