Plant Biosecurity Amendment Regulations 2024 (Vic)

Plant Biosecurity Amendment Regulations 2024

S.R. No. 113/2024

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Definitions

5Prescribed States and Territories

6Regulation 8 amended

7Requirement to present prescribed material for inspection, examination and treatment

8Prescribed place for inspection, examination and treatment

9Fees and charges

10Schedule 2—Prescribed fruit and vegetables

11Schedule 4—Infringement offences and infringement penalties

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Endnotes

STATUTORY RULES 2024

S.R. No. 113/2024

Plant Biosecurity Act 2010

Plant Biosecurity Amendment Regulations 2024

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 22 October 2024

Responsible Minister:

ROS SPENCE
Minister for Agriculture

ANGELA SMITH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Plant Biosecurity Regulations 2016—

(a)to provide for matters consequential to the commencement of the Primary Industries Legislation Amendment Act 2019 and the Agriculture Legislation Amendment Act 2022; and

(b)to amend the list of prescribed fruit and vegetables that must be marked or labelled with the details of where they were grown; and

(c)to prescribe additional offences for which infringement notices may be issued and the penalties that apply in respect of those offences; and

(d)to increase the infringement penalty amounts for certain offences; and

(e)to make other minor amendments to improve the operation of those Regulations.

2Authorising provision

These Regulations are made under section 141 of the Plant Biosecurity Act 2010.

3Principal Regulations

In these Regulations, the Plant Biosecurity Regulations 2016[1] are called the Principal Regulations.

4Definitions

In regulation 5 of the Principal Regulations, for the definition of plant or plant product of the genus Vitis substitute—

"plant or plant product of the genus Vitis includes the following of the genus Vitis—

(a)grapevines;

(b)potted vines;

(c)cuttings;

(d)rootlings;

(e)leaves;

(f)stems;

(g)grapes for table use or wine-making;

(h)juice;

(i)plant samples taken for diagnostic purposes;".

5Prescribed States and Territories

In regulation 7 of the Principal Regulations, for "section 8(1)" substitute "sections 8(1) and 14".

6Regulation 8 amended

(1)In the heading to regulation 8 of the Principal Regulations, after "Requirement to" insert "send and".

(2)In regulation 8(1) of the Principal Regulations, for "paragraph (a)" substitute "paragraph (b)(i)".

(3)In regulation 8(2)(c) of the Principal Regulations, after "6(c)" insert "that is".

(4)For regulation 8(3)(d) of the Principal Regulations substitute—

"(d)the name of the State or Territory department, agency or authority that issued the certificate.".

7Requirement to present prescribed material for inspection, examination and treatment

In regulation 9 of the Principal Regulations, for "paragraph (b)" substitute "paragraph (b)(ii)".

8Prescribed place for inspection, examination and treatment

In regulation 11 of the Principal Regulations, for "section 8(1C)(b)" substitute "section 8(1C)(b)(ii)".

9Fees and charges

(1)In regulation 16(1)(a) of the Principal Regulations, for "packages or equipment;" substitute "plant vector, used package, used equipment or beehive;".

(2)In regulation 16(1)(c) of the Principal Regulations, for "used package, used equipment or earth material;" substitute "plant vector, used package, used equipment, earth material or beehive;".

(3)In regulation 16(1)(d) of the Principal Regulations, for "plant refuse, used package, used equipment or earth material." substitute "plant vector, plant refuse, used package, used equipment, earth material or beehive.".

(4)In regulation 16(2) of the Principal Regulations, for "used package, used equipment, earth material" substitute "plant vector, used package, used equipment, earth material, beehive".

10Schedule 2—Prescribed fruit and vegetables

In Schedule 2 to the Principal Regulations—

(a)after "Banana" insert "Bitter Melon";

(b)after "Blueberry" insert "Bottle Melon";

(c)after "Date" insert "Dragon Fruit";

(d)after "Pummelo" insert "Quandong".

11Schedule 4—Infringement offences and infringement penalties

(1)In the table in Schedule 4 to the Principal Regulations, in Column 1 of item 5, omit "if the offence involves relevant prescribed material".

(2)In the table in Schedule 4 to the Principal Regulations, after item 7 insert—

"7A	Section 18(2)	2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate
7B	Section 19(5)	5 penalty units".

(3)In the table in Schedule 4 to the Principal Regulations, in Column 2 of items 10, 11, 12 and 14, for "5" substitute "10".

(4)In the table in Schedule 4 to the Principal Regulations, in Column 2 of items 10, 11, 12 and 14, for "25" substitute "40".

(5)In the table in Schedule 4 to the Principal Regulations, item 15 is revoked.

(6)In the table in Schedule 4 to the Principal Regulations, after item 25 insert—

"25A	Section 133A(1)	5 penalty units in the case of a natural person 25 penalty units in the case of a body corporate
25B	Section 134(2)	2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate".

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ENDNOTES

[1] Reg. 4: S.R. No. 53/2016.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.