1Short titleThis regulation may be cited as the Medicines and Poisons (Pest Management Activities) Amendment Regulation 2023.2CommencementThis regulation commences on 1 December 2023.3Regulation amendedThis regulation amends the Medicines and Poisons (Pest Management Activities) Regulation 2021.4Amendment of s 5 (Fumigants—Act, s 14)Section 5, ‘section 19(2)(a), (b), (c) or (d)’—omit, insert—section 19(2)5Amendment of s 8 (Approval of departmental standard—Act, s 233)Section 8, ‘version 1’—omit, insert—version 26Amendment of s 10 (Competency condition)(1)Section 10(1), from ‘type’—omit, insert—pest management activities stated in the technician’s licence.(2)Section 10(2)—omit, insert—(2)For subsection (1), a person satisfies a requirement to have a competency stated in the competency standard if the person—

(a)has a statement of attainment stating the person has successfully completed the competency; or

(b)has successfully completed training, approved by the chief executive, that is substantially equivalent to the competency.

7Amendment of s 11 (Application of division)Section 11, ‘out, or supervise a pest management trainee to carry out,’—omit, insert—out8Amendment of s 14 (Contents of pre-treatment pest control advice)(1)Section 14(1)(b)—omit, insert—

(b)the date the technician gives the pre-treatment pest control advice to the customer;

(2)Section 14(2)—omit.(3)Section 14(3)—renumber as section 14(2).9Replacement of s 18 (Activity risk management plan required)Section 18—omit, insert—18Activity risk management plan required(1)A licensed technician must not start carrying out a pest control activity for a customer at a high-risk or sensitive place unless a plan (an activity risk management plan) has been prepared for carrying out, and addressing the risks associated with, the activity.(2)The activity risk management plan must be prepared by a licensed technician who—

(a)has a statement of attainment stating the technician has successfully completed the competency required under the competency standard for treating urban pests at the type of place at which the pest control activity is to be carried out; or

(b)has successfully completed training, approved by the chief executive, that is substantially equivalent to the competency mentioned in paragraph (a).

10Amendment of s 19 (Contents of activity risk management plan)(1)Section 19(1)(b)—omit, insert—

(b)the contact details and licence number of the licensed technician preparing the plan (the preparer), if that technician is not carrying out the activity;

(2)Section 19(1)(h), from ‘out’ to ‘practicable’—omit, insert—out11Insertion of new s 20AAfter section 20—insert—20ASupervision required for carrying out activityA licensed technician must not carry out a pest control activity for a customer at a high-risk or sensitive place unless the licensed technician has, or is supervised by a licensed technician who has—

(a)a statement of attainment stating the technician has successfully completed the competency required under the competency standard for treating urban pests at the type of place at which the pest control activity is to be carried out; or

(b)successfully completed training, approved by the chief executive, that is substantially equivalent to the competency mentioned in paragraph (a).

12Amendment of s 21 (Application of division)Section 21, ‘out, or supervise a pest management trainee to carry out,’—omit, insert—out13Replacement of s 23 (Activity risk management plan required)Section 23—omit, insert—23Activity risk management plan requiredA licensed technician must not start carrying out a fumigation activity for a customer at a fumigation site unless a plan (an activity risk management plan) for carrying out, and addressing the risks associated with, the activity has been prepared by the technician or another licensed technician authorised to carry out the fumigation activity.14Amendment of s 24 (Contents of activity risk management plan)(1)Section 24(1)(b)—omit, insert—

(b)the contact details and licence number of the licensed technician preparing the plan (the preparer), if that technician is not carrying out the activity;

(2)Section 24(1)(h), from ‘activity’ to ‘practicable’—omit, insert—activity15Amendment of s 38 (Obligations when supervising)(1)Section 38, heading, after ‘supervising’—insert—pest management trainees(2)Section 38(1)—omit, insert—(1)This section applies if—

(a)a pest management trainee is carrying out a pest management activity that the trainee is authorised under the Act to carry out under supervision; and

(b)a licensed technician is, under the technician’s licence, authorised to carry out the pest management activity; and

(c)the licensed technician is carrying out the pest management activity with, and supervising, the pest management trainee.

(3)Section 38(3), from ‘supervising’ to ‘activity’—omit, insert—carrying out the pest management activity with, and supervising, the pest management trainee16Amendment of s 39 (Changes affecting licence)(1)Section 39(b) and (c), before ‘contact details’—insert—address or(2)Section 39(d), before ‘contact details’—insert—address and17Amendment of s 58 (Business records)Section 58(a), before ‘contact details’—insert—address and18Insertion of new pt 7, div 1, hdgBefore section 71—insert—Division 1Transitional provisions for SL No. 142 of 202119Insertion of new pt 7, div 2Part 7—insert—Division 2Transitional provision for Medicines and Poisons (Pest Management Activities) Amendment Regulation 202373Existing activity risk management plans(1)This section applies if—

(a)before the commencement, an activity risk management plan was prepared—

(i)that complied with former section 19 for a pest control activity; or

(ii)that complied with former section 24 for a fumigation activity; and

(b)immediately before the commencement, the activity had not been carried out.

(2)The activity risk management plan is—

(a)if the plan was for a pest control activity—taken to be an activity risk management plan that complies with new sections 18 and 19; or

(b)if the plan was for a fumigation activity—taken to be an activity risk management plan that complies with new sections 23 and 24.

(3)In this section—former, for a provision of this regulation, means the section as in force immediately before the commencement.new, for a provision of this regulation, means the section as in force from the commencement.74Particular licensed technicians taken to hold competency for 1 year(1)This section applies to a licensed technician who—

(a)immediately before the commencement, held a licence stating the technician was authorised to carry out a pest control activity for a customer at a high-risk or sensitive place; and

(b)from the commencement, does not have the statement of attainment or training mentioned in section 18(2) or 20A.

(2)The licensed technician is taken to hold the competency required under the section until the day that is 1 year after the commencement.20Amendment of sch 1 (Approved persons)(1)Schedule 1, authorising provision, ‘section 9’—omit, insert—section 7(2)Schedule 1, part 6, heading—omit, insert—Part 6State officers and assistants(3)Schedule 1, part 6, division 1—omit, insert—Division 1Biosecurity officers19Class of personAn authorised officer under the Biosecurity Act 2014.20Pest management activity authorisedColumn 1Pest management activityColumn 2Fumigant or pesticideColumn 3Scope of activity1a pest control activitya pesticide, other than an S7 substancethe pest control activity is carried out for biosecurity matter that is a pestDivision 1AAssistants to biosecurity officers20AClass of personA person who is directed by, or is helping, an authorised officer under the Biosecurity Act 2014 to treat or destroy biosecurity matter that is a pest.20BPest management activity authorisedColumn 1Pest management activityColumn 2Fumigant or pesticideColumn 3Scope of activity1a pest control activitya pesticide, other than an S7 substancethe pest control activity is carried out for the biosecurity matter—(a)if the person is subject to a direction—in accordance with the direction; or(b)if the person is helping an authorised officer—in the way agreed(4)Schedule 1, part 6, division 2, heading—omit, insert—Division 2Public health officers(5)Schedule 1, section 28, table, column 3, from ‘technician’—omit, insert—technician, or an approved person mentioned in part 7, authorised under the Act to carry out the activity with the fumigant or pesticide21Amendment of sch 3 (Dictionary)(1)Schedule 3, definition business employee—omit. (2)Schedule 3—insert—biosecurity matter see the Biosecurity Act 2014, section 15.competency standard means the departmental standard approved under section 8.(3)Schedule 3, definition contact details, paragraphs (a) and (b), from ‘name,’ to ‘address’—omit, insert—name and phone number(4)Schedule 3, definition high-risk place, paragraph (a) and examples—omit, insert—

(a)means a place owned or occupied by a person and used for—

(i)intensive or high density livestock farming; or

(ii)large-scale manufacturing, processing or storage of food for sale primarily by wholesale; and

(5)Schedule 3, definition sensitive place, paragraph (a) and examples—omit, insert—

(a)means a building—

(i)used for providing aged care, child care or schooling; or

(ii)used as a hospital; and