Plant Diseases Act 1938 (ACT)

Extract from Commonwealth of Australia Gazette, No. 6, dated

3rd February, 1938.]

THE TERRITORY FOR THE SEAT OF

GOVERNMENT.

No. 1 of 1938.

AN ORDINANCE

To amend the Plant Diseases Ordinance 1934-1936.

BE it ordained by the Governor-General in and over the Executive Council, in pursuance of the powers conferred by the Commonwealth of Australia, with the advice of the Federal	Scat of Government Acceptance Act 1909 and the Seal of Govern-
ment (Administration) Act 1910-1933, as follows:'—
1.— (1.) This Ordinance may be cited as the Plant Diseases short title	an(1 dtation'
Ordinance 1938.	,

(2.) The Plant Diseases Ordinance 1934-1936 is in this Ordi-

nance referred to as the Principal Ordinance.

(3.) The Principal Ordinance, as amended by this Ordinance,

may be cited as the Plant Diseases Ordinance 1934-1938.

2. Section five of the Principal Ordinance is amended— ueflnitiom.

(a) by inserting, after the definition of " Goods", the

following definition:—

5799.—PRICE 3D.

" ' Infected ' means infected with disease, insect or

pes t ; " ;

(b) by inserting, after the definition of "Minister", the

following definition:—

" ' Nursery ' means any land, place or premises, and includes a bush house, glass house or garden of any kind whereon or wherein plants are grown for the purpose of sale or disposal in their living stage; " ; and

(c) by inserting, after the definition of " Occupier ", the

following definition:—

" ' Orchard ' means any place where fruit produc-

ing plants are grown; ".

Powers of 3. Section seven of the Principal Ordinance is amended—

inspector.

(a) by omitting paragraph (b) and inserting in its stead

the following paragraph :—

"(h) enter, inspect or search any plantation, or any place, or any vehicle, where or in which plants or goods are stored, sold, held, exposed for sale, or conveyed, or where or in which he reasonably suspects plants or goods are being stored, held or conveyed, and open cases and packages and take such samples as he considers necessary for the purposes of this Ordinance ; " ; and

(b) by omitting from paragraph (e) the words "directed by the Secretary " and inserting in their stead the word " prescribed ".

4. After section thirteen of the Principal Ordinance the follow-

ing section is inserted :—

No

compensation	" 13A. No person shall be entitled to claim or recover payment by an Inspector in the exercise of any power or the discharge of any duty under this Ordinance or the regulations or in respect of an,y loss or damage sustained by any such aciion unless the action, of the Inspector is not performed bona fide in the course of his duties under this Ordinance.
for destruction	by way of compensation or otherwise in respect of any aciion taken
of fruit.
Regulations.	5. Section fourteen of the Principal Ordinance is amended by

inserting, after paragraph (e), the following paragraphs:—

"{en) the packing and grading of fruit and vegetables;"
"(eh) the registration of orchards and nurseries; "

"(ec) eases, packages and coverings used, or intended to be

used as containers of fruit or vegetables;".

Dated this second day of February, 1938. GOWRIE

Governor-General.

By His Excellency's Command,

V. C. THOMPSON

for Minister of State for the Interior.	I
•

By Authority: L. F. JOIIXSTON, Commonwealth Government Printer, Canberra.