1 Name of Regulation
This Regulation is the Stock Medicines Regulation 2005.
2 Commencement
This Regulation commences on 1 September 2005.Note—This Regulation replaces the Stock Medicines Regulation 1995 which is repealed on 1 September 2005 under section 10 (2) of the Subordinate Legislation Act 1989.
3 Definitions
In this Regulation:stock food has the same meaning as in the Stock Foods Act 1940.the Act means the Stock Medicines Act 1989.
4 Advertising
(1) This clause applies to any stock medicine containing a substance included in Schedule One, Three, Four or Eight of the Poisons List proclaimed under section 8 of the Poisons and Therapeutic Goods Act 1966.(2) A person must not advertise a stock medicine to which this clause applies otherwise than in a journal whose circulation is generally limited to, or in a document intended for distribution exclusively to, veterinary practitioners, pharmacists or wholesalers of stock medicines.Maximum penalty: 50 penalty units.cl 4: Am 2006 No 120, Sch 2.95 [1].
5 Directions for use of stock food that has been treated with stock medicine
(1) A person who supplies stock food to another person, knowing that the food has been treated with a stock medicine:(a) must ensure that the person supplied is aware that the food has been so treated, and(b) must provide the person supplied with such written details concerning the use of the stock medicine as were obtained by the supplier when the supplier obtained the food or when the supplier obtained the stock medicine with which the food has been treated.(2) The written details must include details of the relevant withholding period (within the meaning of Part 5 of the Act) for the stock medicine.Maximum penalty: 50 penalty units.
6 Major food producing species
The following types of stock are prescribed for the purposes of the definition of major food producing species in section 3 (1) of the Act:(a) turkeys,(b) ducks,(c) geese,(d) bees,(e) goats,(f) farmed fish, farmed crustaceans and farmed molluscs.
7 Records to be kept by veterinary practitioners
(1) The following particulars are to be recorded by veterinary practitioners for the purposes of section 39E of the Act:(a) the date on which the use, supply or prescription of the stock medicine occurred,(b) details to identify the particular stock on which the stock medicine was used,(c) the name of the owner of the stock or the person in charge of the stock,(d) particulars to identify the stock medicine,(e) the name of the active constituent of the stock medicine,(f) the type of stock for which the stock medicine is intended,(g) the withholding period (including that there was no withholding period if the veterinary practitioner considered none was required),(h) the dosage rate,(i) the frequency of treatment,(j) the length of treatment,(k) the manner of administration.(2) The records required by section 39E of the Act must be retained by the veterinary practitioner for a period of not less than 2 years from the date on which the use, supply or prescription of the stock medicine occurred.Note—Section 39E of the Act requires certain records to be kept by a veterinary practitioner in accordance with the regulations. The maximum penalty for a failure to keep records in accordance with the regulations is 100 penalty units.cl 7: Am 2006 No 120, Sch 2.95 [1] [2].
8 Penalty notices
For the purposes of section 60A of the Act:(a) each offence arising under a provision specified in Column 1 of Schedule 1 is prescribed as a penalty notice offence, and(b) the prescribed penalty for such an offence is:(i) in the case of a penalty payable by an individual—the amount specified in relation to the offence in Column 2 of Schedule 1, and(ii) in the case of a penalty payable by a corporation—the amount specified in relation to the offence in Column 3 of Schedule 1.
9 Savings
Any act, matter or thing that, immediately before the repeal of the Stock Medicines Regulation 1995, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Penalty notices
(Clause 8)
Column 1 | Column 2 | Column 3 |
Provision | Penalty for an individual | Penalty for a corporation |
Offence under the Act | ||
Section 37 | $1100 | $2200 |
Section 38 (1) | $1100 | $2200 |
Section 39 (1) | $1100 | $2200 |
Section 39C (1) | $550 | $1100 |
Section 39C (2) | $550 | $1100 |
Section 39C (3) | $550 | $1100 |
Section 39D (1) | $1100 | $2200 |
Section 39E | $550 | $1100 |
Section 39F | $550 | $1100 |
Section 40 (2) | $1100 | $2200 |
Section 40A (1) | $1100 | $2200 |
Section 40A (1A) | $1100 | $2200 |
Section 40A (2) | $1100 | $2200 |
Section 40B (1) | $1100 | $2200 |
Section 46 (6) | $1100 | $2200 |
Section 54 (2) | $550 | $1100 |
Offence under this Regulation | ||
Clause 4 (2) | $550 | $1100 |
Clause 5 (1) | $550 | $1100 |