Infringement notice penalty amounts

Tables 1 to 4 state the offences and infringement penalty amounts under the applicable legislation.

Table 1: Offences and infringement penalty amounts for the Agricultural and Veterinary Chemicals (Administration) Act 1992 (the Admin Act)

Section

Section heading

Notes

Infringement – individual

Infringement – corporation

69B(1)(a)(i)

Importation offence

(a) at least 10 kg of an active constituent for a veterinary chemical product; or

(b) at least 100 kg of an active constituent for an agricultural chemical product

$19,980

?

$166,500

?

(a) at least 1 kg, but less than 10 kg, of an active constituent for a veterinary chemical product; or
(b) at least 10 kg, but less than 100 kg, of an active constituent for an agricultural chemical product

$9,990

?

$83,250

?

(a) less than 1 kg of an active constituent for a veterinary chemical product; or
(b) less than 10 kg of an active constituent for an agricultural chemical product

$1,998

?

$16,650

?

69B(1)(a)(ii)

Importation offence

At least 500 containers

$19,980

$166,500

At least 50 containers but fewer than 500 containers

$9,990

$83,250

Fewer than 50 containers

$1,998

$16,650

69CD(1)

?

Contraventions relating to providing information under sections?69CA and 69CB

?

$3,330

$27,750

69E

Annual returns

?

$3,330

$27,750

69EA(1)

Keeping of records

?

$3,330

$27,750

69EA(1A)

Keeping of records

?

$3,330

$27,750

Penalty unit provisions contained in Schedule 5 of the Agricultural and Veterinary Chemicals (Administration) Regulations 1995.

Infringement value based on penalty unit amount of $222 as at 1 July 2020.

Table 2: Offences and infringement penalty amounts for the Agricultural and Veterinary Chemicals Code Regulations 1995 (the Agvet Code Regs)

Section

Section heading

Notes

Infringement – individual

Infringement – company

47C(1)

Hormonal growth promotant not to be supplied etc.

?

$6,660

$55,500

48(1)

Supply of hormonal growth promotant – purchaser’s declaration

?

$6,660

$55,500

49(1)

Record of supply of hormonal growth promotant – manufacturer and supplier

?

$3,996

$33,300

50(1)

Record of supply of hormonal growth promotant – importer and supplier

?

$3,996

$33,300

51(2)

Record of supply of hormonal growth promotant – other suppliers

?

$3,996

$33,300

53(2)

Copy of records to be given to APVMA

?

$6,660

$55,500

54(3)

Copy of records etc. to be kept

?

$3,996

$33,300

Penalty unit provisions contained in Schedule 5 of the Agricultural and Veterinary Chemicals (Administration) Regulations 1995.

Infringement value based on penalty unit amount of $222 as at 1 July 2020.

Table 3: Offences and infringement penalty amounts for the Agricultural and Veterinary Chemicals Code Act 1994 (the Agvet Code)

Section

Section heading

Notes

Infringement – individual

Infringement – company

26(3)

Incorrect particulars and conditions

?

$1,998

$16,650

32(3)

Notice of reconsideration

?

$7,992

$66,600

33(2)

APVMA may require information, reports, results or samples

?

$7,992

$66,600

45C

Possession or custody with intention of supply

?

$19,980

$166,500

47E

Possession or custody with intention of supply

?

$19,980

$166,500

74

Possession or custody of unapproved active constituents with the intention of supply

(a) at least 10 kg of an active constituent of a veterinary product; or
(b) at least 100 kg of an active constituent of an agricultural chemical product

$13,320

?

$111,000

?

(a) at least 1 kg, but less than 10 kg, of an active constituent of a veterinary product; or
(b) at least 10 kg, but less than 100 kg, of an active constituent of an agricultural chemical product

$6,660

?

$55,500

?

(a) less than 1 kg of an active constituent of a veterinary product; or
(b) less than 10 kg of an active constituent of an agricultural chemical product

$1,332

?

$11,100

?

75

Possession or custody of chemical products, other than registered or reserved products, with the intention of supply

At least 500 containers

$13,320

$111,000

At least 50 containers but fewer than 500 containers

$6,660

$55,500

Fewer than 50 containers

$1,332

$11,100

76

Supply of unapproved active constituents

(a) at least 10 kg of an active constituent of a veterinary chemical product; or
(b) at least 100 kg of an active constituent of an agricultural chemical product

$19,980

?

$166,500

?

(a) at least 1 kg, but less than 10 kg, of an active constituent of a veterinary chemical product; or
(b) at least 10 kg, but less than 100 kg, of an active constituent of an agricultural chemical product

$9,990

?

$83,250

?

(a) less than 1 kg of an active constituent of a veterinary chemical product; or
(b) less than 10 kg of an active constituent of an agricultural chemical product

$1,998

?

$16,650

?

77

Supply of approved active constituents in contravention of conditions of approval

?

$19,980

$166,500

78

Supply of chemical products that are not registered products or reserved products

At least 500 containers

$19,980

$166,500

At least 50 containers but fewer than 500 containers

$9,990

$83,250

Fewer than 50 containers

$1,998

$16,650

79

Supply of registered chemical products in contravention of conditions of registration

?

$19,980

$166,500

79B

Supply of reserved chemical products contrary to conditions specified in the regulations

?

$19,980

?

$166,500

?

80

Supply of chemical products without a label

At least 500 containers

$19,980

$166,500

At least 50 containers but fewer than 500 containers

$9,990

$83,250

Fewer than 50 containers

$1,998

$16,650

81

Supply of registered chemical products with unapproved label

At least 500 containers

$19,980

$166,500

At least 50 containers but fewer than 500 containers

$9,990

$83,250

Fewer than 50 containers

$1,998

$16,650

83

Supply of substances whose constituents differ from constituents of registered chemical product

?

$19,980

$166,500

84

Claims inconsistent with labels

?

$19,980

$166,500

85

Modification of warning prohibited

?

$19,980

$166,500

86

Labels not to be detached etc.

?

$19,980

$166,500

87

Chemical product to conform to standard

?

$19,980

$166,500

88

Certain notices not to be published

?

$3,330

$27,750

89

Certain statements prohibited

?

$3,330

$27,750

90

Manufacture or import of date?controlled chemical product

At least 500 containers

$7,992

$66,600

At least 50 containers but fewer than 500 containers

$3,996

$33,300

Fewer than 50 containers

$666

$6,660

91

Supply of date?controlled chemical product

At least 500 containers

$7,992

$66,600

At least 50 containers but fewer than 500 containers

$3,996

$33,300

Fewer than 50 containers

$666

$6,660

92

Abuse of warning on label prohibited

?

$7,992

$66,600

94

Restricted chemical products may be supplied only to authorised persons

?

$7,992

$66,600

95

Labels for restricted chemical products

?

$7,992

$66,600

99(5)

Information and documents about, and analysis of, substances supplied as active constituents or chemical products

?

$7,992

$66,600

105

Non?compliance with recall notice

?

$7,992

$66,600

116(3A)

Effect of permit and compliance with conditions of permit

?

$19,980

$166,500

121(3)

?

Offences relating to manufacture and licences

?

$15,984

$133,200

121(4)

?

Offences relating to manufacture and licences

Category 1 licence

$15,984

$133,200

Category 2 and 3 licence

$7,992

$66,600

Category 4 licence

$1,554

$13,320

Category 6 licence

$1,554

$13,320

121(5)

Offences relating to manufacture and licences

Non-compliance with a condition other than those in subregulation 61(2), (4), (7), (7A), (9) and (10)? or subregulation 62 of the Agvet Code Regulations

$7,992

$66,600

Non?compliance with a condition mentioned in subregulation?61(4), (7) or (7A)

$3,996

$33,300

Non-compliance with a condition mentioned in subregulation 61(10) of the Agvet Code Regulations

$666

$6,660

Non-compliance with a condition mentioned in subregulation 61(2) or (9) or regulation 62 of the Agvet Code Regulations

$222

$1,110

160A

Notification of new information to APVMA in respect of pending application

?

$19,980

$166,500

161

Notification of new information to APVMA

?

$19,980

$166,500

Penalty unit provisions contained in Schedule 5 of the Agricultural and Veterinary Chemicals Code Regulations 1995.

Infringement value based on penalty unit amount of $222 as at 1 July 2020.

Table 4: Offences and infringement penalty amounts for the Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994 (the Collection Act)

Section

Section heading

Notes

Infringement – individual

Infringement – corporation

15(2)

Calculation of levy by person liable

?

$3,330

$27,750

20(3)

APVMA or collecting agency may require information about disposals of chemical products

?

$3,330

$27,750

36(1)

Records to be kept by applicants for registration of, and persons who import or manufacture, chemical products

?

$3,330

$27,750

Penalty unit provisions contained in Schedule 5 of the Agricultural and Veterinary Chemicals (Administration) Regulations 1995.

Infringement value based on penalty unit amount of $222 as at 1 July 2020.

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