Agriculture Legislation (Amendments and Repeals) Act 2002 (Vic)

Agriculture Legislation (Amendments and Repeals)

Act 2002

Act No. 44/2002

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purpose	1
2.	Commencement	2

PART 2—PLANT HEALTH AND PLANT PRODUCTS 3

3.	Amendment of purposes	3
4.	Definition	3
5.	New section 5A inserted	3

5A. Ministerial orders 3

6.	Movement of prescribed material within Victoria	5
7.	Notification	6
8.	Disposal of plants, plant products, plant vectors, used packages,
used agricultural equipment, soil or beehives	7
9.	Variation of penalties	8
10.	Plant vectors in quarantine areas	9
11.	Variation of penalties	10
12.	Plant vectors in restricted areas and amended penalty	10
13.	Importation orders	11
14.	Contravention of importation orders	12
15.	Repeal of sections 30 and 31—Labelling of seeds	12
16.	Packages	12
17.	Labelling with location of production code	13
18.	Repeal of sections 36 to 38—Packing and description	13
19.	Failure to comply with a compliance agreement	13
20.	Delegation of order making powers to Secretary	13
21.	Reduced compliance times	14
22.	Inspectors powers	14
23.	Consequential amendment	14
24.	Power to detain used packages	14
25.	Powers relating to suspected exotic pests or diseases	14
26.	Infringement notices	15
27.	New section 66A inserted	15

66A. Extension of time 15

i

Section Page

28.	Offences relating to enforcement	15
29.	New section 77 inserted	16

77. Further transitional provision 16

PART 3—SALE OF LAND 17

30.	Statement of matters affecting land being sold	17
31.	Insertion of new Part 3 in the Sale of Land Act 1962	17
PART 3—TRANSITIONAL PROVISIONS	17

37.          Application of amendment to section 32—

Agriculture Legislation (Amendments and

Repeals) Act 2002 17

PART 4—REPEALS 18

32. Repeal of redundant Acts 18

═══════════════

ENDNOTES 19

ii

Victoria

No. 44 of 2002

Agriculture Legislation (Amendments and Repeals) Act 2002†

[Assented to 22 October 2002]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The main purpose of this Act is to—

(a)	amend the Plant Health and Plant Products Act 1995 and the Sale of Land Act 1962; and
(b)	repeal the Wheat Marketing Act 1989 and the Egg Industry (Deregulation) Act 1993.

Agriculture Legislation (Amendments and Repeals) Act 2002

s. 2 Act No. 44/2002

2. Commencement

(1) This section and sections 1 and 32 come into

operation on the day after the day on which this
Act receives the Royal Assent.

(2) Subject to sub-sections (3) and (4), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(3) If sections 30 and 31 do not come into operation

before 1 June 2003, those sections come into
operation on that day.

(4) If a provision of this Act does not come into

operation before 31 December 2003, it comes into

operation on that day.

__________________
Agriculture Legislation (Amendments and Repeals) Act 2002

Act No. 44/2002 s. 3

PART 2—PLANT HEALTH AND PLANT PRODUCTS

3. Amendment of purposes

See:

In section 1(a) of the Plant Health and Plant	Act No.
Products Act 1995 after "the" insert	51/1995. Reprint No. 1
"preventing,".	as at 8 August 1997
and amending
Act Nos 26/1998,
46/1998, 52/1998,
83/1998 and 62/2000.
LawToday:
dpc.vic.
gov.au

4. Definition

In section 3(1) of the Plant Health and Plant
Products Act 1995 insert the following
definition—

' "plant vector", in relation to an exotic pest or

disease, means any livestock or livestock the exotic pest or disease;'.

product within the meaning of the Livestock

5. New section 5A inserted

After section 5 of the Plant Health and Plant

Products Act 1995 insert—

"5A. Ministerial orders

(1) The Minister may make any orders that are

permitted or required for the purposes of this
Act.

Agriculture Legislation (Amendments and Repeals) Act 2002

s. 5 Act No. 44/2002

(2) Without affecting the generality of sub-

section (1), if the Minister is of the opinion

that—

(a)	an organism of the plant or animal kingdom (other than vertebrates); or
(b)	any bacterium, fungus, protozoa, phytoplasma, virus or viroid; or
(c)	a disorder, condition or cause of specified symptoms in plants or plant products—

(a suspected exotic pest or disease) is to be an exotic pest or disease.

harmful to the growth or quality (including
the commercial or marketable quality) of
plants or plant products, the Minister may,
by order published in the Government

(3) An order made under sub-section (2) may

declare the exotic pest or disease by
reference to one or both of the following—

(a) bacterium, fungus, protozoa,

a general description of the organism, condition or symptoms;

(b) a description of the effect the suspected exotic pest or disease has on the growth or quality (including the commercial or marketable quality) of plants or plant

products.

(4) An order under sub-section (3) remains in force for 28 days after the date of making unless sooner revoked by the Minister.".

Agriculture Legislation (Amendments and Repeals) Act 2002

Act No. 44/2002 s. 6

6. Movement of prescribed material within Victoria

(1) Insert the following heading to section 6 of the
Plant Health and Plant Products Act 1995—

"Importation, movement and possession of prescribed material, plants and plant products".

(2) In section 6 of the Plant Health and Plant

Products Act 1995—

(a) in sub-section (1) after paragraph (a) insert—

"(ab) introduce or bring prescribed material into any part of Victoria from another part of Victoria that is declared by

order of the Minister to be a restricted

area; or";

(b) for the penalty at the foot of sub-section (1) substitute—

"Penalty: 50 penalty units, in the case of a

natural person.
100 penalty units in the case of a

body corporate.".

(c) for the penalty at the foot of sub-section (1A) substitute—

"Penalty: 50 penalty units, in the case of a

natural person.
100 penalty units in the case of a

body corporate.".

(d)	in sub-section (2)(c), after "purposes" insert "or purposes of protecting the environment or furthering agricultural interests";
(e)	in sub-section (2)(d) before "with" insert "in accordance";

Agriculture Legislation (Amendments and Repeals) Act 2002

s. 7 Act No. 44/2002

(f) in sub-section (4), for paragraphs (a), (b) and (c) substitute—

"(a) plant, plant product or plant vector;

(b) used package or used agricultural equipment;

(c) soil;

(d) beehive—".

(3) After section 6(3) of the Plant Health and Plant Products Act 1995 insert—

"(3A) The Minister may grant consent for the

purposes of this section—

(a)	that applies generally to the importation, movement or possession of samples of plants or plant products from another State or Territory for diagnosis by a plant testing laboratory in Victoria except samples of plants or plant products known to be infected or infested by an exotic pest or disease; and
(b)	that is unconditional or is subject to conditions.".

7. Notification

In section 7(1) of the Plant Health and Plant

Products Act 1995—

(a) in paragraph (b) for "person—" substitute "person; or";

(b) after paragraph (b) insert—

"(c) dealt with by that person as—

(i)

a consultant or contractor engaged paragraph (a) or (b); or

Agriculture Legislation (Amendments and Repeals) Act 2002

Act No. 44/2002 s. 8

(ii)  the owner or person in charge of a

diagnostic laboratory—".

8.  Disposal of plants, plant products, plant vectors, used packages, used agricultural equipment, soil or beehives

(1) In section 10(1) of the Plant Health and Plant

Products Act 1995—

(a) agricultural equipment or soil" substitute
"plant product, plant vector, used package,

for "plant product, used package, used beehive";

(b)

for "plant product, package, agricultural plant vector, used package, used agricultural equipment, soil or beehive".

(2) In section 10(2) of the Plant Health and Plant Products Act 1995 for "plant product, package, agricultural equipment or soil" (where twice

occurring) substitute "plant product, plant vector, used package, used agricultural equipment, soil or beehive".

(3) After section 10(2) of the Plant Health and Plant Products Act 1995 insert—

"(3) If any plant, plant product, plant vector, used package, used agricultural equipment, soil or beehive is introduced into—

(a) Victoria; or

(b) a control area declared by the Governor in Council under section 9; or

(c) a quarantine area or restricted area— contrary to any provision of this Act or an order made under this Act, an inspector may,

by direction in writing given to the owner or

Agriculture Legislation (Amendments and Repeals) Act 2002

s. 9 Act No. 44/2002

person apparently in charge of the plant,
plant product, plant vector, package,
agricultural equipment, soil or beehive,
require that owner or person to do one of the
following in accordance with the

requirements of the direction—

(d) vector, package, agricultural

return the plant, plant product, plant consignor;

(e)

treat the plant, plant product, plant equipment, soil or beehive;

(f) dispose of the plant, plant product, plant vector, package, agricultural equipment, soil or beehive.

(4) A person who has been given a direction in

writing under sub-section (3) must return the
plant, plant product, plant vector, package,
agricultural equipment, soil or beehive to the
consignor in accordance with the
requirements of the direction or treat or
dispose of the plant, plant product, plant
vector, package, agricultural equipment, soil
or beehive in accordance with the
requirements of the direction.
Penalty: 50 penalty units.".

9. Variation of penalties

In the Plant Health and Plant Products Act

1995—

(a) for the penalty at the foot of section 12(2), (3) and (4) substitute—

"Penalty: 50 penalty units, in the case of a

natural person.

Agriculture Legislation (Amendments and Repeals) Act 2002

Act No. 44/2002 s. 10

100 penalty units in the case of a

body corporate.";

(b) for the penalty at the foot of section 13(4), substitute—

"Penalty: 25 penalty units, in the case of a

natural person.
50 penalty units in the case of a

body corporate.";

(c) for the penalty at the foot of section 14(2), substitute—

"Penalty: 50 penalty units, in the case of a

natural person.
100 penalty units in the case of a

body corporate.".

10. Plant vectors in quarantine areas

(1) After section 17(2) of the Plant Health and Plant Products Act 1995 insert—

"(3) If the Minister is satisfied that any livestock

the Livestock Disease Control Act 1994 is a
vector of an exotic pest or disease, the

or livestock product within the meaning of section (1) any prohibitions, restrictions or requirements which are to operate in the quarantine area or part of the quarantine area with respect to that vector and the order must identify the classes or description of vector that are affected by the order.".

(2) In section 19(1)(c) of the Plant Health and Plant Products Act 1995 for "plant product, used package, vehicle, used agricultural equipment or soil" substitute "plant product, plant vector, used package, vehicle, used agricultural equipment, soil or beehive".

Agriculture Legislation (Amendments and Repeals) Act 2002

s. 11 Act No. 44/2002

11. Variation of penalties

For the penalty at the foot of section 19(1) of the substitute—

"Penalty: 50 penalty units, in the case of a natural

person.
200 penalty units in the case of a body

corporate.".

12. Plant vectors in restricted areas and amended penalty

(1) In section 20(2) of the Plant Health and Plant

Products Act 1995 for "soil, bees, honey, beeswax, honeycomb, beehives or pollen" substitute "soil or beehives".

(2) After section 20(2) of the Plant Health and Plant Products Act 1995 insert—

"(2A) If the Minister is satisfied that any livestock

the Livestock Disease Control Act 1994 is a
vector of an exotic pest or disease, the

or livestock product within the meaning of section (1) any prohibitions, restrictions or requirements which are to operate in the restricted area with respect to that vector and the order must identify the classes or description of vector that are affected by the order.".

(3) In section 21(1)(a) of the Plant Health and Plant

Products Act 1995 for "used packages, used
agricultural equipment, soil, bees, honey,
beeswax, honeycomb, beehives or pollen"
substitute "plant vectors, used packages, used
agricultural equipment, soil or beehives".

Agriculture Legislation (Amendments and Repeals) Act 2002

Act No. 44/2002 s. 13

(4) For the penalty at the foot of section 21(1) of the

Plant Health and Plant Products Act 1995 substitute—

"Penalty: 50 penalty units, in the case of a natural

person.
100 penalty units in the case of a body

corporate.".

(5) In section 22(1) of the Plant Health and Plant

Products Act 1995—

(a)	in paragraph (a)(i) for "or plant product" substitute ", plant product or plant vector";
(b)	in paragraph (a) for sub-paragraph (iv) substitute—

"(iv) any beehive—";

(c)	in paragraphs (b), (c) and (k) for "and plant products" substitute ", plant products and plant vectors";
(d)	in paragraphs (e), (f), (g), (i), (j), (l) and (m) after "plant products," insert "plant vectors,".

13. Importation orders

(1) In section 24(1) and (2) of the Plant Health and Plant Products Act 1995 for "used packages, soil, bees, honey, beeswax, honeycomb, beehives or pollen" (wherever occurring) substitute "plant vectors, used packages, soil or beehives".

(2) In section 24(3) of the Plant Health and Plant

Products Act 1995 for "used package, soil, bees, honey, beeswax, honeycomb, beehives or pollen" (wherever occurring) substitute "plant vectors,
used package, soil or beehives".

Agriculture Legislation (Amendments and Repeals) Act 2002

s. 14 Act No. 44/2002

14. Contravention of importation orders

In section 25 of the Plant Health and Plant

Products Act 1995—

(a) beeswax, honeycomb, beehives or pollen"

for "used package, soil, bees, honey, soil or beehives";

(b)

for "200 penalty units" substitute person, and not exceeding 200 penalty units, in the case of a body corporate".

15. Repeal of sections 30 and 31—Labelling of seeds

Sections 30 and 31 of the Plant Health and Plant

Products Act 1995 are repealed.

16. Packages

(1) In section 34(1) of the Plant Health and Plant

Products Act 1995, for "clean" substitute "clean to touch and free of extraneous visible matter and objectionable odour".

(2) For section 34(2) of the Plant Health and Plant Products Act 1995, substitute—

"(2) An inspector may by order, orally or in

writing, require used packages referred to in

sub-section (1)—

(a) to be subject to a specified treatment or a specified course of treatment or to be subject to other action of a specified

kind for the purpose of ensuring compliance with sub-section (1);

(b)	to be destroyed or disposed of in a specified manner;
(c)	to be cleaned, repaired or otherwise treated in a specified manner.

Agriculture Legislation (Amendments and Repeals) Act 2002

Act No. 44/2002 s. 17

(3) A person must not contravene any written

direction of an inspector under sub-
section (2).
Penalty: 50 penalty units.".

17. Labelling with location of production code

In section 35(1)(e) of the Plant Health and Plant Products Act 1995 after "were grown" insert "or a code indicating the location of their packing or

production that is approved for use by that person

by the Secretary".

18. Repeal of sections 36 to 38—Packing and description

Sections 36, 37 and 38 of the Plant Health and

Plant Products Act 1995 are repealed.

19. Failure to comply with a compliance agreement

For section 43(6) of the Plant Health and Plant

Products Act 1995 substitute—

"(6) A party to a compliance agreement must

ensure that any requirements imposed on that party under the agreement are complied with. Penalty: 100 penalty units.

(6A) It is a defence to a charge under sub-section (6) if the person alleged to have committed the offence establishes that he or she took all

reasonable steps to ensure compliance with

the agreement.".

20. Delegation of order making powers to Secretary

(1) In section 44(1) of the Plant Health and Plant
Products Act 1995 after "sections" insert "5A,". (2) After section 44(2) of the Plant Health and Plant

Products Act 1995 insert—

"(3) The Minister may by instrument delegate to

the Secretary the power of the Minister under
section 5A.".

Agriculture Legislation (Amendments and Repeals) Act 2002

s. 21 Act No. 44/2002

21. Reduced compliance times

At the end of section 48 of the Plant Health and

Plant Products Act 1995 insert—

"(2) Despite sub-section (1)(c), an inspector or

the Secretary may fix a time, of not less than 2 days, on which an order, direction or notice comes into effect or must be carried out or
complied with if the inspector or Secretary is

satisfied that it is necessary to do so.".

22. Inspectors powers

In section 52(1)(e) of the Plant Health and Plant Products Act 1995 after "document" (where first occurring) insert "that is required by or under this Act and any other document".

23. Consequential amendment

Section 53(1)(d) of the Plant Health and Plant

Products Act 1995 is repealed.

24. Power to detain used packages

After section 54(1) of the Plant Health and Plant
Products Act 1995 insert—

"(1A) An inspector may detain any package that

has been used, or is to be used, for packing
for sale any fruit, vegetables or nuts and does
not comply with section 34 for a period not
exceeding 48 hours to complete an
inspection and examination of the package.".

25. Powers relating to suspected exotic pests or diseases In section 59(1) of the Plant Health and Plant Products Act 1995 after "an exotic pest or

disease" insert "or any plant or plant product that
the inspector has reasonable grounds for
suspecting is infected or infested with an exotic
pest or disease".

Agriculture Legislation (Amendments and Repeals) Act 2002

Act No. 44/2002 s. 26

26. Infringement notices

(1) In section 60(1) of the Plant Health and Plant Products Act 1995 for "9(4), 31, 32, 35, 38, 39, 41, 42" substitute "6, 9(4), 12, 13, 14, 19, 21, 22,

25, 29, 32, 34, 35, 39, 41, 42, 53(3), 54(4)".

(2) In section 63 of the Plant Health and Plant

Products Act 1995 for "2 penalty units"
substitute "10 penalty units in the case of a
natural person and 40 penalty units in the case of a

body corporate".

27. New section 66A inserted

After section 66 of the Plant Health and Plant

Products Act 1995 insert—

"66A. Extension of time

Despite section 26 of the Magistrates' Court Act 1989, proceedings for an offence under sections 6(1), (1A) and (2), 7(1), 9(3) and (4), 19(1), 21(1), 22(3), 25, 28(1), 43(6), 71(1)(h), 71A, 71B and 71C(1) and (2) may be commenced within 3 years after the commission of the alleged offence.".

28. Offences relating to enforcement

In section 71 of the Plant Health and Plant

Products Act 1995—

(a)	in sub-section (1)(a) after "obstruct" insert "or hinder";
(b)	for the penalty at the foot of sub-section (1) substitute—

"Penalty: 60 penalty units.".

Agriculture Legislation (Amendments and Repeals) Act 2002

s. 29 Act No. 44/2002

29. New section 77 inserted

After section 76 of the Plant Health and Plant

Products Act 1995 insert—

"77. Further transitional provision

Section 66A does not apply to an offence under this Act that is alleged to have been committed before the commencement of

section 27 of the Agriculture Legislation (Amendments and Repeals) Act 2002.".

__________________
Agriculture Legislation (Amendments and Repeals) Act 2002

Act No. 44/2002 s. 30

PART 3—SALE OF LAND

30. Statement of matters affecting land being sold

See:

In section 32(2) of the Sale of Land Act 1962,	Act No.
after paragraph (ca) insert—	6975. Reprint No. 11
"(cb) a warning to the following effect—	as at 6 December

'Important notice to purchasers:	2000
and
amending
The property may be located in an area	Act Nos
where commercial agricultural production	74/2000, 11/2001 and
activity may affect your enjoyment of the	26/2001.
property. It is therefore in your interest to	LawToday:
undertake an investigation of the possible	dpc.vic.
amenity and other impacts from nearby	gov.au
properties and the agricultural practices and processes conducted there.' ".

31. Insertion of new Part 3 in the Sale of Land Act 1962

In the Sale of Land Act 1962, after Part 2 insert—

"PART 3—TRANSITIONAL PROVISIONS

37. Application of amendment to section 32— Agriculture Legislation (Amendments and Repeals) Act 2002

Despite the commencement of section 30 of the Agriculture Legislation (Amendments and Repeals) Act 2002, section 32, as in

force immediately before that
commencement, continues to apply to any
contract for the sale of land entered into
before that commencement.".

__________________
Agriculture Legislation (Amendments and Repeals) Act 2002

s. 32 Act No. 44/2002

PART 4—REPEALS

32. Repeal of redundant Acts

Act No.	(1) The Egg Industry (Deregulation) Act 1993 is
47/1993.

repealed.

Act No.	(2) The Wheat Marketing Act 1989 is repealed.
46/1989.

═══════════════
Agriculture Legislation (Amendments and Repeals) Act 2002

Act No. 44/2002 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 9 May 2002

Legislative Council: 10 October 2002

The long title for the Bill for this Act was "to amend the Plant Health and Plant Products Act 1995 and the Sale of Land Act 1962 and to repeal the Wheat Marketing Act 1989 and the Egg Industry

(Deregulation) Act 1993 and for other purposes."