§ 215 — Unregistered plant pesticide use

215.—(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;

(b)

the plant pesticide is an unregistered plant pesticide; and

(c)

the person knows, or ought reasonably to know, that the 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 —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

—(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;

(b)

the plant pesticide is an unregistered plant pesticide; and

(c)

the person knows, or ought reasonably to know, that the 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 —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).