Infringement notices

In April 2021, the Australian Pesticides and Veterinary Medicines Authority (APVMA) published a new Infringement Notice Guideline made under section 6A of the Agvet Code. The guidelines provide the relevant information about performance of APVMA functions and the exercise of powers in respect of infringement notices.

APVMA Inspectors can issue infringement notices for alleged contraventions of agvet legislation.

Infringement notices (fines) may be issued by an APVMA Inspector when they have reasonable grounds to believe that a prescribed civil penalty provision has been contravened.

The issue of an infringement notice is an efficient way of dealing with lower range offences and has the potential to reduce expense and delay that could occur with court proceedings. If the recipient of the notice pays the specified penalty, their liability for the alleged contravention is discharged. If the penalty is not paid, the matter will go to court.

If the Inspector finds multiple offences, they may give an infringement notice for each contravention

An infringement notice does not mean that a conviction is recorded, and payment of an infringement notice is not an admission of guilt.

Issuing an infringement notice

An Inspector can give infringement notices to an individual, business entity or corporation for alleged contraventions. Infringement notices can be given within 12 months after the date of an alleged contravention of a civil penalty provision.

The APVMA will not issue an infringement notice without first having sufficient evidence to produce a comprehensive brief in the event that court proceedings become necessary.

A recipient of an infringement notice has the right to:

  • apply for extensions to pay
  • make written representations to the APVMA seeking withdrawal of the notice
  • choose not to pay the prescribed amount.

If the penalty is not paid, the APVMA may apply to a court for an order under section 69EJ of the Administration Act or section 145A of the Agvet Code requiring the recipient to pay the Commonwealth a financial penalty.

Payment

When paying infringement notice penalties the recipient should:

  • pay the full amount within 28 days by electronic funds transfer or credit card
  • avoid paying in instalments or making inaccurate or part payments. The penalty will be considered unpaid until we receive the full and correct amount.

The APVMA considers the payment of the infringement notice penalty by the recipient, as the full and final resolution of any action that might otherwise have been taken as a result of the contravening conduct.

Requesting an extension of the payment period

The recipient of an infringement notice may write to us to request more time to pay the infringement notice penalty, but this can only be done within 28 days after the date of service of the notice.

Requesting a review

If you are given an infringement notice, you may write to the APVMA and request a review. Your request will need to list reasons or evidence as to why a review should be conducted. The APVMA cannot vary an infringement notice.

Withdrawal of an infringement notice

The APVMA has discretion to withdraw an infringement notice. This may be considered if you have provided evidence of a reasonable excuse for the contravention.

If the APVMA determines that an infringement was given incorrectly or in error, we are required to withdraw the notice.

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.

To protect your privacy, please do not include contact information in your feedback. If you would like a response, please contact us.