Penalties
The APVMA’s governing legislation prescribes a number of offences that attract penalties, which are expressed in the legislation as penalty units. The amount of penalty payable is calculated by multiplying the number of penalty units by the monetary value currently in force. These details are correct at the time of publication, but users should make their own inquiries to confirm these details if necessary.
On this page:
- Compliance offences under the Agricultural and Veterinary Chemicals (Administration) Act 1992 (Adminstration Act)
- Compliance offences under the Agvet Code schedule of the Agricultural and Veterinary Chemicals Code Act 1994 (Agvet Code)
- Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 (Levy Act)
- Compliance offences under Agricultural and Veterinary Chemicals Code Regulations 1995 (Agvet Code Regulations)
Compliance offences under the Administration Act
*(One penalty unit is $170 for an individual and may be up to five times this amount for a body corporate)
| Section | Offence Provision | Penalty Units* |
|---|---|---|
| PART 7A – IMPORTATION, MANUFACTURE AND EXPORTATION | ||
| 69B | Without consent of APVMA, import unapproved activities or unregistered products | 300 |
| 69C(5) | Importation, manufacture or export activities in contravention of a condition, prescribed by regulation made for the purposes of s69c (1), relating to prescribed international arrangements [eg, PIC] for the active/product | 30 |
| 69E | Annual returns: - must keep and retain for 6 years records of imports into, manufactures in and exports from, Australia of actives/products |
30 |
| 69EA | Keeping of records: - must keep and retain for 6 years records into manufactures in and exports from Australia of actives/products |
30 |
| 69EB 69EB(6) |
Searches to monitor compliance with Part 7A A person must not refuse or fail to comply with a direction given by an inspection under this section |
30 |
| 69EN(3) | A person must not refuse to give information or produce documents to an inspector who has entered premises | 30 |
| 69EO | A person must not in accordance with a requirement made by an inspector under this part given information that the person knows to be false or misleading | 30 |
Compliance offences under Agvet Code
*(One penalty unit is $170 for an individual and may be up to five times this amount for a body corporate)
| Section | Offence Provision | Penalty Units* |
|---|---|---|
| 55(4) | Suspended/cancelled products - a person must not deal with active/product except in accordance with the instructions in the notice of suspension or cancellation | 300 |
| 61 | PRRD - primary applicant must notify secondary applicant | 300 |
| 70 (5) | PRRD - where arbitrator makes determination and secondary applicant gives written notice to primary applicant that he agrees to comply with that determination, the secondary applicant must give a copy of the notice to the APVMA | 10 |
| 74 | Possession/custody of unapproved active | 200 |
| 75 | Possession/custody of unregistered product | 200 |
| 76 | Supply of unapproved active | 300 |
| 77 | Supply of approved actives in contravention of conditions | 300 |
| 78 | Supply of unregistered product | 300 |
| 79 | Supply of registered product in contravention of conditions | 300 |
| 80 | Supply of chemical products without approved label | 300 |
| 81 | Supply of chemical products with unapproved label | 300 |
| 82 | Supply of chemical products in container opened by inspector | 300 |
| 83 | Supply of substances whose constituents differ from constituents of registered chemical product | 300 |
| 84 | Claims inconsistent with labels | 300 |
| 85 | Modification of warning prohibited | 300 |
| 86 | Labels not to be detached | 300 |
| 87 | Chemical product to conform to standard | 300 |
| 88 | Certain notices not to be published: - a person must not publish a notice that offers to sell an unapproved active or an unregistered product unless application has been made and the notice states the active is unapproved (or the product unregistered) |
30 |
| 89 | Certain statements prohibited: - a person must not publish false information about a Chemical product or claim that the APVMA recommends, or guarantees, warrants or assures the safety or efficacy of the product, etc |
30 |
| 90 | Manufacture of date-controlled chemical product: - a person must not manufacture or import a date-controlled chemical product without making the correct record and keeping that record for the period prescribed |
120 |
| 91 | Supply of date- controlled chemical products: (1) must not supply date-controlled chemical products in a container without the approved label containing required expiry date, etc and (2) must not supply after expiry date |
120 |
| 92 | Abuse of warning on label prohibited: - must not detach, deface, obliterate or destroy an approved label, etc |
120 |
| 94 | Restricted chemical products: -must not be supplied to a person not authorised to use |
120 |
| 95 | Labels for restricted chemical products: - must contain the appropriate words |
120 |
| 97(2)) | Analysis by approved analysts: - must give APVMA certificate in approved form |
10 |
| 97(6) | Must not use analyst certificate given under 97(2) for trade purposes or advertising | 60 |
| 99(5) | Analysis of chemical products APVMA on advice of inspectors give written notice to have substance on mixture analysed to determine differing constituents concentrations, etc, (97)(2)) on whether substance or mixture fails to comply with prescribed standards (97(3)). Must comply with notice and give analyst cel1ificate to APVMA within 5 working days of receipt APVMA empowered to issue recall notices for chemical products. |
120 |
| 105 | Must comply with recall notice | 120 |
| 131 | Inspectors may search premises, inspect documents, take samples, give directions - must comply with directions of inspectors in search of premises |
30 |
| 144(3) | Inspectors empowered to require information and produce documents - must comply with inspector's requirements |
30 |
| 145 | False or misleading information or document: must not give false information or knowingly product false or misleading document |
30 |
| 161(1) | Notification of new information to APVMA by interested persons or holders of permits: - must give information to APVMA as soon as is practicable |
300 |
| 162(1) | Disclosure of confidential commercial information by directors, staff or APVMA, consultants, mediators, arbitrators or coordinators - must not disclose confidential commercial information acquired in performance at' duties on behalf of APVMA |
2 years imprisonment |
| 162(8) | Must not disclose confidential acquired from authorised person to enable advice to be given to APVMA, Government body or other person |
2 years imprisonment |
| 162(9) | Must not disclose confidential commercial information acquired from directors or staff of APVMA, consultants, imprison mediators, arbitrators, or coordinators under powers under the Code |
2 years imprisonment |
| 162(1) | Notice to interested persons or proposed disclosure of information that is claimed to be confidential commercial information Disclosing person must not disclose information claimed by interested person to be confidential commercial information until expiry of 28 days after written notice has been given to interested person giving reasons why disclosing person believes that information is not confidential commercial information |
2 years imprisonment |
Compliance offences under Levy Act
*(One penalty unit is $170 for an individual and may be up to five times this amount for a body corporate)
| Section | Offence Provision | Penalty Units* |
|---|---|---|
| 23(3) | A person must not refuse or fail to comply with a requirement made by and inspector (who has entered premises under the Act) to give information or product documents | 30 |
| 20(30) | A person must give APVMA information as to disposals of chemical products within one month of receipt notice from APVMA | 30 |
| 37 | A person must not give false or misleading information given in compliance with this collection of Levy Act | 30 |
Compliance offences under Agvet Code Regulations
*(One penalty unit is $170 for an individual and may be up to five times this amount for a body corporate)
| Section | Offence Provision | Penalty Units* |
|---|---|---|
| 46(1) | Supply of Chemical product batch number of supply: - must make a record identifying batch information approved by APVMA |
10 |
| 46(3) | Supply of chemical product batch number or record of supply: - must keep records for 3 years |
10 |
| 47C(1) | Hormonal growth promotant not to be supplied: - must not supply unless notification number has been assigned by APVMA |
10 |
| 48(1) | Supply of hormonal growth promotant – purchase declaration: - must not supply unless purchaser gives declaration information approved by APVMA |
10 |
| 49 | Record of hormonal growth promotant – manufacture and supplier: - must record particulars of promotant, manufacturer and recipient |
10 |
| 50 | Record of supply of hormonal growth promotant – importer and supplier: - must not detail of promotant, importer and recipient |
10 |
| 51 | Record of supply of hormonal growth promotant – other suppliers: - must record details of promotant, previous supplier =, supplier and recipient |
10 |
| 53(2) | Copy of records of manufacturer, importer, supplier and recipient of hormonal growth promotant to be given to APVMA: - must give copies of records to APVMA within 14 days after end of month |
10 |