Plant Biosecurity Further Amendment Regulations 2015 (Vic)

Plant Biosecurity Further Amendment Regulations 2015

S.R. No. 80/2015

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Objectives of Principal Regulations amended

6Requirement to possess certificate or declaration with prescribed materials

7New regulation 8A inserted

8Prescribed place for inspection, examination and treatment

9Requirement to present certificate or declaration for inspection

10Reduction of penalty

11Schedule 4 amended—Infringement Offences and Infringement Penalties

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Endnotes

STATUTORY RULES 2015

S.R. No. 80/2015

Plant Biosecurity Act 2010

Plant Biosecurity Further Amendment Regulations 2015

The Governor in Council makes the following Regulations:

Dated: 30 June 2015

Responsible Minister:

JAALA PULFORD
Minister for Agriculture

YVETTE CARISBROOKE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Plant Biosecurity Regulations 2012—

(a)to require the possession of an assurance certificate, a plant health certificate or a plant health declaration in accordance with the Plant Biosecurity Act 2010; and

(b)to prescribe circumstances in which prescribed material must be presented for inspection, examination and treatment; and

(c)to prescribe further offences for which an infringement notice may be served, and to prescribe infringement penalties for those offences; and

(d)to make consequential amendments as a result of the commencement of the Primary Industries Legislation Amendment Act 2014.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 July 2015.

4Principal Regulations

In these Regulations, the Plant Biosecurity Regulations 2012[1] are called the Principal Regulations.

5Objectives of Principal Regulations amended

(1)In regulation 1 of the Principal Regulations, for paragraph (a) substitute—

"(a) to require possession of an assurance certificate, a plant health certificate or a plant health declaration in certain circumstances and to provide exemptions from this requirement;".

(2)In regulation 1(c) of the Principal Regulations, before "certificates" insert "prescribed material,".

6Requirement to possess certificate or declaration with prescribed materials

For regulation 8(1) of the Principal Regulations substitute—

"(1)For the purposes of section 8(1C) of the Act, a person must comply with paragraph (a) of that subsection in respect of all prescribed material unless—

(a)the prescribed material is specified in subregulation (1A); or

(b)regulation 8A applies to the person.

(1A)For the purposes of subregulation (1)(a), the following prescribed materials are specified—

(a)material prescribed under regulation 6(a) or (d) that originates from a phylloxera exclusion zone;

(b)prescribed material used for the culture, harvesting, packing or processing of any plant or plant product of the genus Vitis that is from a phylloxera exclusion zone;

(c)prescribed material which contains, is known to have contained, or may reasonably be suspected of containing or having contained any plant or plant product of the genus Vitis from a phylloxera exclusion zone;

(d)material prescribed under regulation 6(a), (b), (c) or (d) that originates from an area for which an area freedom certificate has been issued in relation to grape phylloxera;

(e)material prescribed under regulation 6(e), (f), (g) or (h) that originates from an area for which an area freedom certificate has been issued in relation to potato cyst nematode;

(f)a plant in tissue culture.".

7New regulation 8A inserted

After regulation 8 of the Principal Regulations insert—

"8A   Requirement to present prescribed material for inspection, examination and treatment

For the purposes of section 8(1C) of the Act, a person must comply with paragraph (b) of that section if the prescribed material in the person's possession is not specified in regulation 8(1A) and the person—

(a)is not in possession of an assurance certificate, a plant health certificate or a plant health declaration for the prescribed material; or

(b)is in possession of an assurance certificate for the prescribed material which does not comply with section 11 of the Act; or

(c)is in possession of a plant health certificate for the prescribed material which does not comply with section 12 of the Act; or

(d)is in possession of a plant health declaration for the prescribed material which does not comply with section 13 of the Act.".

8Prescribed place for inspection, examination and treatment

In regulation 9 of the Principal Regulations, for "section 8(1)(e)" substitute "section 8(1C)(b)".

9Requirement to present certificate or declaration for inspection

In regulation 11 of the Principal Regulations, for "by an inspector under section 8(1)(e) of the Act" substitute "under regulation 8A(b), (c) or (d)".

10Reduction of penalty

In regulation 11 of the Principal Regulations, for "10 penalty units" substitute "5 penalty units".

11Schedule 4 amended—Infringement Offences and Infringement Penalties

(1)After the heading to the table in Schedule 4 to the Principal Regulations insert—

"In this Schedule—

relevant prescribed material means material prescribed under regulation 6(a), (b), (d), (e), (f), (h) or (i).".

(2)In Schedule 4 to the Principal Regulations, before item 1 insert—

"1AA	Section 8(1) if the offence involves relevant prescribed material	2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate
1AB	Section 8(1A) if the offence involves relevant prescribed material	2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate
1AC	Section 8(1B) if the offence involves relevant prescribed material	2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate".

(3)In Schedule 4 to the Principal Regulations—

(a)in column 1 of item 1, after "Section 9(1)" insert "if the offence involves relevant prescribed material";

(b)in column 1 of item 2, after "Section 10(1)" insert "if the offence involves relevant prescribed material".

(4)In Schedule 4 to the Principal Regulations, after item 14 insert—

"14A Section 38(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. 49/2012 as amended by S.R. No. 23/2015.