s 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).