Plant Health and Plant Products Act 1995 (Vic)
Version No. 026
Plant Health and Plant Products Act 1995
No. 51 of 1995
Version incorporating amendments as at 1 January 2010
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1Purposes
2Commencement
3Definitions
4Binding of Crown
5Orders in Council
5AMinisterial orders
PART 2—PLANT PEST AND DISEASE CONTROL
Division 1—General controls
6Importation, movement and possession of prescribed material, plants and plant products
7Notification of plant pests or diseases
8Prohibition on sale of diseased seeds etc.
Division 2—Control areas
9Declaration of control areas
Division 3—Control measures
10Destruction or disposal of plants etc.
11Treatment or disposal of diseased plants etc.
12Infested land notice
13Control notices
14Disposal of plant refuse etc.
PART 3—EXOTIC PESTS AND DISEASES
Division 1—Preliminary
15Application of this Part to land
16Application of this Part to plants etc.
Division 2—Declared areas
17Declaration of quarantine area
18Notice of order declaring quarantine area
19Permit for entry or exit
20Declaration of restricted area
21Permits for activity in restricted area
22Further powers under orders
23Duration of orders
Division 3—Importation orders
24Border security
25Contravention of importation order
26Notification of importation order
27Duration of importation order
Division 4—Special provisions
28Possession or administration of exotic disease agents
28AProtection of actions relating to areas where exotic pest or disease exists
Division 5—Testing
29Testing for exotic pests or diseases
PART 4—PLANTS AND PLANT PRODUCTS
Division 1—Seeds
30, 31Repealed
32Sale of prohibited seeds
Division 2—Fruit, vegetable and nuts
33Application
34Packages to be sound and clean
35Marking or labelling where produce grown
36–38Repealed
Division 3—Plant and plant product identification
39Identification of plants or plant products for propagation
PART 5—CERTIFICATION SCHEMES
40Certification schemes
41Varietal names
42Restriction of use of certain terms
PART 6—COMPLIANCE AGREEMENTS AND ACCREDITATION
43Compliance agreements
43AAccreditation
43BRegister
43CAmendment and cancellation
43DSuspension
PART 7—ADMINISTRATION
Division 1—General
44Delegations by Minister
45Delegations by Secretary
46Fees and charges
47Protection of persons assisting inspector
48Requirements for orders etc. under Part 2
49Non-compliance under order
Division 2—Review of decisions
50Review of decisions
PART 8—ENFORCEMENT
Division 1—Inspectors
51Inspectors
Division 1A—Approved inspection services
51AApproved inspection services
51BAgreements relating to approved inspection services
51CApproved inspection services and employed or appointed inspectors
51DPowers of inspection agents
51EIdentification of inspection agents of approved inspection services
51FFees
51GApplication of FOI
51HInvestigation of administrative actions
Division 2—General powers of inspector
52General powers of inspectors
52ASearch warrants
52BAnnouncement before entry
52CDetails of warrant to be given to occupier
52DSeizure of documents not mentioned in the warrant
52ECopies of seized documents
53Inspector's powers of detention and seizure
54Inspector's powers of detention
55Procedures on taking samples
56Power to enter private property to lay baits etc.
57Road barriers
Division 3—Additional powers of inspectors for exotic pests and diseases
58Search and entry and other powers
59Power to obtain information
Division 4—Infringement notices
60Power to serve a notice
61, 62Repealed
63Penalties to be paid for offences under infringement notices
64, 65Repealed
Division 5—Provisions related to court proceedings
66Power to file charges under this Act
66AExtension of time
67Service of documents
68Offences by bodies corporate
69Deemed proof with regard to samples
Division 6—General
70Evidence of certain matters
71Offences relating to enforcement
71AOffences about certification
71BFalse statement in certificates and declarations
71CAlterations to certificates and declarations
71DRelease of information
71ESupreme Court—limitation of jurisdiction
PART 9—REGULATIONS
72Regulations
PART 10—REPEALS, AMENDMENTS AND TRANSITIONAL PROVISIONS
73Agricultural Industry Development Act
74Repeal of plant disease control legislation
75Consequential amendment of other Acts
76Transitional and saving provisions
77Further transitional provision
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
Version No. 026
Plant Health and Plant Products Act 1995
No. 51 of 1995
Version incorporating amendments as at 1 January 2010
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are to—
(a)provide for the preventing, monitoring, controlling and eradicating of plant pests and diseases;
(b)provide for the packaging, labelling and description of plants and plant products;
(ba)facilitate the movement of plants, plant products, used packages, used agricultural equipment and soil within and into and out of Victoria;
(c)amend the Agricultural Industry Development Act 1990 to provide for industry funded schemes for pest and disease control measures and for compensating producers for the costs of controlling certain pests and diseases;
(d)repeal the Fruit and Vegetables Act 1958, the Seeds Act 1982 and the Vegetation and Vine Diseases Act 1958.
2Commencement
(1)This Part and Part 5 comes into operation on the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.
3Definitions
(1)In this Act—
accredited person means a person accredited to give assurance certificates—
(a)under section 43A; or
(b)by an officer or authority of a State or Territory administering a corresponding law;
agricultural equipment means any equipment used for the culture, harvesting, packing or processing of any plant or plant product and includes any vehicle;
approved inspection service means an inspection service for the time being approved under section 51A;
assurance certificate means a certificate issued by an accredited person;
contain, in relation to a pest or disease of plants or plant products, means to restrict the spread of the pest or disease;
control, in relation to a pest or disease of plants or plant products, means to reduce the occurrence of the pest or disease;
corresponding law means the Act of another State or Territory that corresponds with this Act;
disease means—
(a)any disease of plants or plant products caused by any bacterium, fungus, protozoa, phytoplasma, virus, viroid or other organism which is declared by Order in Council to be a disease; or
(b)an exotic disease;
eradication means the reduction of a disease or pest to a level where it can no longer be detected;
examination includes any analysis or test or any combination of analyses or tests;
exotic disease means any disease of plants or plant products which is declared by Order in Council to be an exotic disease;
exotic pest means any pest which is declared by Order in Council to be an exotic pest;
foreign substance means any earthy matter, stones, sand or gravel and includes any substance declared by Order in Council to be a foreign substance;
inspection agent means a principal or an employee of an approved inspection service;
inspector means an inspector authorised under section 51;
kind, in relation to plants, means plants of the same botanical species;
label includes any tag or sticker;
lot—
(a)with respect to fruit, vegetables or nuts, means any quantity of unpackaged fruit, vegetables or nuts and includes any fruit, vegetables or nuts, whether packaged or not, used or intended to be used to supplement the lot; and
(b)with respect to seeds, includes any individual package of seed which has been packed from the lot;
occupier, in relation to land, means any person or body in occupation or possession or having the control or management of land and includes any joint occupier;
owner, in relation to land, includes—
(a)any person or body holding or occupying land under lease or licence from the Crown or deriving title from, under or through that person or body;
(b)any mortgagee of land in possession of the land;
(c)any joint owner and agent of the owner;
owner, in relation to any plant or plant product, except in section 53, includes part-owner, consignor, agent and any person for the time being in charge of the plant or plant product;
package includes—
(a)anything in or by which a plant or plant product is contained, wrapped or packed; and
(b)bulk containers;
pest means—
(a)any centipede, eelworm, insect, millipede, mite, scorpion, slug, snail, spider or invertebrate animal declared by Order in Council to be a pest; or
(b)an exotic pest;
place includes any land, road, structure and premises;
plant means any member of the vegetable kingdom and includes any tree, vegetable, vine and edible fungi but does not include any plant product;
plant health certificate means a certificate in the form approved by the Secretary issued by an inspector, inspection agent or officer of a department responsible for agriculture of another State or Territory;
plant health declaration means a declaration in the form approved by the Secretary made by a person authorised by the Secretary to make plant health declarations;
plant product means the whole or part of any flower, fruit, nut, seed, leaf, bulb, corm, tuber or stem which has been separated from a plant and includes dried plant material and timber that has been sawn or dressed;
plant vector, in relation to an exotic pest or disease, means any livestock or livestock product within the meaning of the Livestock Disease Control Act 1994 that is a vector of the exotic pest or disease;
quarantine area means a place declared under Part 3 to be a quarantine area for the containment, control or eradication of an exotic pest or disease;
Rules of the International Seed Testing Association means the rules set out in the journal Seed Science and Technology, Volume 21, Supplement 1993 published by the International Seed Testing Association, as amended from time to time;
restricted area means a place declared under Part 3 to be a restricted area for the containment, control or eradication of an exotic pest or disease;
Secretary means the Secretary to the Department of Primary Industries;
seeds includes any seeds to which or to clusters of which any fruit or part thereof normally adheres, any seeds in pods or burrs normally used in agricultural practice and any seeds artificially encased;
sell includes barter or exchange, agreeing to sell, offering or exposing for sale or having in possession for sale or sending, forwarding, delivering or receiving for or on sale and authorising, directing, causing, suffering, permitting or attempting those things;
this Act includes regulations made under this Act;
used package means any package which contains or is known to have contained or may reasonably be suspected of containing or having contained any plant or plant product;
variety, in relation to plants, means a plant or population of plants recognisable by agronomic, biochemical, morphological or other characters as being distinct from other plants or population of plants of the same botanical species;
vehicle includes aircraft or vessel.
(1A)If under the Public Administration Act 2004 the name of the Department of Primary Industries is changed, the reference in the definition of Secretary in subsection (1) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.
(2)In this Act any reference to a plant, fruit, vegetable or nut includes a reference to all or any part of a plant, fruit, vegetable or nut.
4Binding of Crown
This Act binds the Crown, not only in right of the State of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
5Orders in Council
(1)The Governor in Council may make any orders published in the Government Gazette that are required for the purposes of this Act.
(2)Without affecting the generality of subsection (1), the Governor in Council may make an order declaring any pest or disease to be an exotic pest or disease even though the pest or disease has not been found in Victoria or the pest or disease is being controlled, contained or eradicated in Victoria.
5AMinisterial orders
(1)The Minister may make any orders that are permitted or required for the purposes of this Act.
(2)Without affecting the generality of subsection (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 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 Gazette, declare the suspected pest or disease to be an exotic pest or disease.
(3)An order made under subsection (2) may declare the exotic pest or disease by reference to one or both of the following—
(a)a general description of the organism, bacterium, fungus, protozoa, phytoplasma, virus or viroid, disorder, 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 subsection (3) remains in force for 28 days after the date of making unless sooner revoked by the Minister.
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PART 2—PLANT PEST AND DISEASE CONTROL
Division 1—General controls
6Importation, movement and possession of prescribed material, plants and plant products
(1)A person must not—
(a)import, introduce or bring into Victoria from a prescribed State or Territory or a prescribed part of another State or Territory any prescribed material; or
(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)cause or permit any of the things in paragraph (a) to be done—
unless the person—
(c)if required by the regulations, has sent to the Secretary and has in his or her possession at the time that the prescribed material is delivered to the person in Victoria a copy of—
(i)an assurance certificate; or
(ii)a plant health certificate; or
(iii)a plant health declaration;
(d)if required by the regulations or an inspector, has presented that prescribed material for inspection, examination and treatment at a prescribed place or a place nominated by an inspector.
Penalty:50 penalty units, in the case of a natural person.
100 penalty units in the case of a body corporate.
(1A)A person must not have in his or her possession, custody or control for sale for the first time in Victoria any prescribed material imported, introduced or brought, or caused or permitted to be imported, introduced or brought, into Victoria unless the requirements under subsection (1)(c) and (d) have been satisfied.
Penalty:Penalty: 50 penalty units, in the case of a natural person.
100 penalty units in the case of a body corporate.
(2)A person must not—
(a)import, introduce or bring into Victoria from another State or Territory any plant or plant product affected by any disease or pest or any pest or any disease organism; or
(b)cause or permit any of the things in paragraph (a) to be done—
except—
(c)for scientific purposes or purposes of protecting the environment or furthering agricultural interests; and
(d)in accordance with the written consent of the Minister.
Penalty:100 penalty units.
(2A)An assurance certificate that is required under subsection (1)(c) in respect of prescribed material must—
(a)set out details of—
(i)the person in Victoria to whom the prescribed plant material is being delivered; and
(ii)the grower or packer and the consignor of the prescribed material; and
(iii)the quantity, type, origin and destination of the prescribed material; and
(iv)the condition, treatment or testing of the prescribed material; and
(v)the accreditation number assigned to the accredited person by the Secretary or by an officer or authority of a State or Territory administering a corresponding law; and
(b)contain any other prescribed particulars; and
(c)be certified by the accredited person who issued the certificate verifying the details set out in paragraph (a) and any other prescribed particulars; and
(d)be in the form approved by the Secretary.
(2B)A plant health certificate that is required under subsection (1)(c) in respect of prescribed material must—
(a)set out details of—
(i)the person in Victoria to whom the prescribed plant material is being delivered; and
(ii)the grower or packer and the consignor of the prescribed material; and
(iii)the quantity, type, origin and destination of the prescribed material; and
(iv)the condition, treatment or testing of the prescribed material; and
(b)contain any other prescribed particulars; and
(c)be certified by the person issuing it verifying the details set out in paragraph (a) and any other prescribed particulars; and
(d)be in the form approved by the Secretary.
(2C)A plant health declaration that is required under subsection (1)(c) in respect of prescribed material must—
(a)set out details of—
(i)the person in Victoria to whom the prescribed plant material is being delivered; and
(ii)the grower or packer and the consignor of the prescribed material; and
(iii)the quantity, type, origin and destination of the prescribed material; and
(iv)the condition, treatment or testing of the prescribed material; and
(b)contain any other prescribed particulars; and
(c)include a declaration by the person issuing it verifying the details set out in paragraph (a) and any other prescribed particulars; and
(d)be in the form approved by the Secretary.
(3)A person does not commit an offence under this section by reason only of transporting into Victoria on behalf of another person any prescribed material from a prescribed State or Territory or a prescribed part of another State or Territory.
(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.
(4)In this section, prescribed material means any—
(a)plant, plant product or plant vector;
(b)used package or used agricultural equipment;
(c)soil;
(d)beehive—
that is prescribed by the regulations for the purposes of this section.
7Notification of plant pests or diseases
(1)If a person knows or has reason to suspect that an exotic pest or disease or a notifiable pest or disease is present in any plant or plant product—
(a)owned by that person or in the possession, control or charge of that person; or
(b)on land owned or occupied by that person; or
(c)dealt with by that person as—
(i)a consultant or contractor engaged by a person referred to in paragraph (a) or (b); or
(ii)the owner or person in charge of a diagnostic laboratory—
the person must notify an inspector in accordance with subsection (2) or (3).
Penalty:100 penalty units, in the case of a notifiable pest or disease;
200 penalty units, in the case of an exotic pest or disease.
(2)In the case of an exotic pest or disease, the person must notify an inspector without delay after becoming aware or suspecting that the pest or disease is present by the quickest means of communication available.
(3)In the case of a notifiable pest or disease, the person must notify an inspector, orally or in writing, within 7 days after becoming aware or suspecting that the pest or disease is present.
(4)In this section notifiable pest or disease means a pest or disease which the Governor in Council has declared by order to be a notifiable pest or disease.
8Prohibition on sale of diseased seeds etc.
A person must not sell—
(a)any plant or plant product, other than seeds, which the person knows, or may be reasonably expected to know, is affected by any disease or pest; or
(b)any seeds for sowing that are mixed with any seeds that the person knows, or may be reasonably expected to know, are affected by any disease and the affected seeds form a proportion of the total quantity of seeds that exceeds the proportion prescribed.
Penalty:50 penalty units.
Division 2—Control areas
9Declaration of control areas
(1)The Governor in Council may, by order—
(a)declare any place within Victoria to be a control area; and
(b)specify any prohibitions, restrictions or requirements which are to operate in, or in relation to, the whole or part of the control area for the purpose of preventing the spread of pests or diseases within the control area or from the control area to other parts of Victoria or preventing the entry of pests or diseases into the control area.
(2)Without limiting the powers of the Governor in Council under subsection (1), an order declaring a control area may, for the purposes set out in subsection (1)—
(a)prohibit absolutely or restrict subject to prescribed conditions—
(i)the removal of plants, plant products, used packages, used agricultural equipment or soil from the control area to a place outside the control area; or
(ii)the entry of plants, plant products, used packages, used agricultural equipment or soil into the control area; or
(iii)the movement of plants or plant products, used packages, used agricultural equipment or soil within the control area;
(b)require the owners or occupiers of land within the control area to prune any fruit tree, treat any plant, grow a variety of plant which is resistant or tolerant to pests or diseases, destroy any plant, treat soil in which plants are grown or have been growing, treat any used packages or used agricultural equipment or to take any other prescribed action to control pests or diseases;
(c)require owners or occupiers of land in specified parts of the control area to take more stringent measures, as specified in the order, than owners or occupiers of other land in the control area.
(3)A person who knows, or has reason to believe, that any place has been declared to be a control area must not cause or permit the movement of any plant, plant product, used package, used agricultural equipment or soil into or from that area or within specified parts of the control area or within the control area contrary to any prohibition or restriction in the order unless the person is authorised to do so under a permit issued by the Secretary and complies with any conditions set out in the permit.
Penalty:100 penalty units.
(4)A person must not transport, move or take any plant, plant product, used package, used agricultural equipment or soil into or out of a control area past a sign posted on or within sight of a public highway passing in or out of a control area contrary to any prohibition in an order if the sign indicates that the movement of plants, plant products, used packages, used agricultural equipment or soil into or out of the control area is prohibited under the order.
Penalty:10 penalty units.
(5)The Secretary may issue a permit for the purposes of this section for the transport or movement of plants, plant products, used packages, used agricultural equipment or soil into or out of a control area subject to any conditions about the treatment of the plants, plant products, used packages, used agricultural equipment or soil.
(6)The Secretary may revoke or vary a permit at any time by notice in writing to the holder.
(7)If a permit given under this section is revoked, the holder must, upon request by the Secretary, immediately deliver the revoked permit to the Secretary.
Division 3—Control measures
10Destruction or disposal of plants etc.
(1)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, the plant, plant product, plant vector, used package, used agricultural equipment, soil or beehive may be treated, destroyed or otherwise disposed of as directed in writing by the Minister.
(2)The Minister must cause a copy of a direction under subsection (1) to be given to the owner or person apparently in charge of the plant, plant product, plant vector, used package, used agricultural equipment, soil or beehive before the direction is carried out unless—
(a)the owner or person apparently in charge of the plant, plant product, plant vector, used package, used agricultural equipment, soil or beehive cannot be found after reasonable search or inquiry; and
(b)the Minister considers that, in the circumstances, the direction must be carried out without prior notice to the owner or person apparently in charge.
(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 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)return the plant, plant product, plant vector, package, agricultural equipment, soil or beehive to the consignor;
(e)treat the plant, plant product, plant vector, package, agricultural 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 subsection (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.
11Treatment or disposal of diseased plants etc.
(1)If an inspector knows or reasonably suspects that a plant or plant product is affected by any disease or pest the inspector may seize the plant or plant product and—
(a)apply any prescribed physical or chemical treatment to the plant or plant product; or
(b)dispose of the plant or plant product in a manner which will prevent the spread of the pest or disease; or
(c)order the things set out in paragraph (a) or (b) to be done.
(2)Without limiting an inspector's powers under subsection (1), an inspector may—
(a)process the plant or plant product;
(b)allow the plant or plant product to be used for stock food or for any other purpose other than for human consumption;
(c)dispose of the plant or plant product by burning, burial or leaving it on a waste disposal site—
or order the owner of the plant or plant product to do any of the things set out in paragraph (a), (b) or (c).
(3)The inspector must notify the owner or person apparently in charge of the plant or plant product of the inspector's intention to do any of the things set out in subsection (1) or (2).
(4)If an inspector knows or reasonably suspects that any plants or plant products are affected by any disease or pest and the owner of the plants or plant products cannot be located after reasonable inquiry and there is no person apparently in charge of them the inspector may, with the approval of the Secretary, destroy or otherwise dispose of them.
12Infested land notice
(1)If an inspector knows or reasonably suspects that any plants or plant products affected by any disease or pest or any pest are on any land and he or she so reports to the Secretary, the Secretary may give the owner or occupier of the land a notice—
(a)prohibiting or restricting, subject to specified conditions, the removal of any plant, plant product, used package, used agricultural equipment or soil from the land specified in the notice; or
(b)requiring that the owner or occupier destroy or cause the destruction of those pests, plants or plant products; or
(c)requiring that the owner or occupier control or eradicate, or cause the control or eradication of, the disease or pest affecting those plants or plant products.
(2)If a notice is given under subsection (1)(a), a person must not remove or allow or cause or permit to be removed from the land specified in the notice any plant, plant product, used package, used agricultural equipment or soil specified, or of a type or class specified, in the notice contrary to any prohibition, or contrary to the conditions of any restriction, in the notice.
Penalty:50 penalty units, in the case of a natural person.
100 penalty units in the case of a body corporate.
(3)If a notice is given under subsection (1)(b), the owner or occupier must destroy or cause the destruction of the pests, plants or plant products specified in the notice.
Penalty:50 penalty units, in the case of a natural person.
100 penalty units in the case of a body corporate.
(4)If a notice is given under subsection (1)(c), the owner or occupier must control or eradicate, or cause the control or eradication of, the disease or pest affecting the plant or plant products specified in the notice.
Penalty:50 penalty units, in the case of a natural person.
100 penalty units in the case of a body corporate.
13Control notices
(1)If an inspector knows or reasonably suspects that any plant, plant product or soil is or might become affected by a pest or disease, the inspector may issue a notice to the person who owns or has possession or control of the plant, plant product or soil containing any orders or directions that the inspector considers may be reasonably necessary to prevent the outbreak or spread of the pest or disease.
(2)A notice under subsection (1) may contain orders or directions in relation to any plant, plant product, used package, used agricultural equipment or soil that is or might become affected by the pest or disease requiring that—
(a)it be kept at a specified place for a specified period;
(b)it be subjected to specified treatment;
(c)it be subjected to examinations at specified intervals or that other specified action be taken for the purposes of determining the presence of a pest or disease;
(d)its sale or supply or the purposes for which it may be used be restricted;
(e)it be destroyed or disposed of in a specified manner.
(3)The inspector must cause a notice under subsection (1) to be served on the person referred to in that subsection.
(4)A person served with a notice under subsection (1) must not contravene or fail to comply with any order or direction in the notice.
Penalty:25 penalty units, in the case of a natural person.
50 penalty units in the case of a body corporate.
14Disposal of plant refuse etc.
(1)If the Secretary is satisfied that any plant refuse, used package or soil is affected by or contaminated with any pest or disease, the Secretary may cause to be served on the owner or person apparently in charge of the plant refuse, used package or soil a notice specifying the means, method or manner of disposing of that plant refuse, package or soil or of treating the package before it is disposed of.
(2)A person served with a notice under subsection (1) must treat the package or dispose of the plant refuse, package or soil described in the notice in accordance with the notice.
Penalty:50 penalty units, in the case of a natural person.
100 penalty units in the case of a body corporate.
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PART 3—EXOTIC PESTS AND DISEASES
Division 1—Preliminary
15Application of this Part to land
(1)Any provision of this Act that operates in relation to an exotic pest or disease, to the extent that it confers any function or power that may be exercised in relation to land, applies to all land, whatever its status.
(2)Without limiting subsection (1), any provision of this Act that operates in relation to an exotic pest or disease applies to places—
(a)that are the property of the Crown, or that are dedicated or reserved for any purpose, or protected or otherwise dealt with under any other Act; or
(b)the care, control or supervision of which is vested in any statutory authority or other person.
(3)It is not necessary, in order for any place to be declared to be a quarantine area or restricted area under this Part or for the validity of any order or the exercise of any power to enter a place or of any other power conferred by this Act and exercised in relation to an exotic pest or disease, to obtain the consent of any person or body or to meet any requirements other than the requirements of this Act.
(4)If land is owned, jointly or as tenants in common or otherwise, by 2 or more persons an order, notice or other document relating to an exotic pest or disease which is, under this Act, served on one of them as owner of the land is deemed to have been served on them all.
16Application of this Part to plants etc.
(1)Any provision of this Act that operates in relation to an exotic pest or disease, to the extent that it confers any function or power that may be exercised in relation to plants or plant products applies to all plants or plant products whatever their status and whether or not the property of the Crown or any other person.
(2)Without limiting subsection (1), any provision of this Act that operates in relation to an exotic pest or disease applies to plants and plant products—
(a)that are protected or otherwise dealt with under any Act; or
(b)the care, control, management or supervision of which is vested by any Act in the Crown or any statutory authority or other person.
(3)It is not necessary for the validity of any order under this Part for the destruction, confinement or other control or treatment of, or otherwise affecting, any plants or plant products, or for the exercise of any other power conferred by this Act in relation to exotic pests or diseases to obtain the consent of any person or body or to meet any requirements other than the requirements of this Act.
Division 2—Declared areas
17Declaration of quarantine area
(1)If the Minister reasonably suspects that an exotic pest or disease is present in any place within Victoria, the Minister may by order published in the Government Gazette—
(a)declare that place to be a quarantine area; and
(b)specify any prohibitions, restrictions or requirements which are to operate in the quarantine area or part of the quarantine area.
(2)The order must identify the classes or description of plants, plant products, used packages, used agricultural equipment or soil that are affected by it.
(3)If the Minister is satisfied that any livestock or livestock product within the meaning of the Livestock Disease Control Act 1994 is a vector of an exotic pest or disease, the Minister may specify in an order under subsection (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.
18Notice of order declaring quarantine area
(1)The Minister must ensure that notice of an order declaring a quarantine area is published in a newspaper circulating generally in the vicinity of the area.
(2)The Minister must ensure that written notice of an order declaring an area to be a quarantine area is given to the owner or person in charge or in apparent control of any place to which the notice relates.
19Permit for entry or exit
(1)A person must not—
(a)enter or leave any area declared to be a quarantine area; or
(b)cause, permit or assist any other person to enter or leave any such area; or
(c)bring, move, take or allow any person to bring, move or take any plant, plant product, plant vector, used package, vehicle, used agricultural equipment, soil or beehive into, within or out of any such area—
unless the person is authorised to do so under a permit issued by an inspector and complies with any conditions set out in the permit.
Penalty:50 penalty units, in the case of a natural person.
200 penalty units in the case of a body corporate.
(2)An inspector may issue a permit for the purposes of this section—
(a)subject to any conditions; and
(b)to be effective for any period of time—
that the inspector specifies in the permit.
(3)Without limiting subsection (2), an inspector may issue a permit subject to any conditions relating to the control or eradication of the pest or disease.
(4)An inspector may revoke or vary a permit at any time by notice in writing to the holder.
(5)If a permit given under this section is revoked the holder must, upon request by an inspector, immediately deliver the revoked permit to the inspector.
20Declaration of restricted area
(1)If the Minister reasonably believes or suspects that there is a possibility that an exotic pest or disease is present in or may be introduced into any area within Victoria, the Minister may by order published in the Government Gazette—
(a)declare the area to be a restricted area; and
(b)specify any prohibitions, restrictions and requirements which are to operate in the restricted area.
(2)The order must identify the classes or descriptions of plants, plant products, used packages, used agricultural equipment, soil or beehives that are affected by it.
(2A)If the Minister is satisfied that any livestock or livestock product within the meaning of the Livestock Disease Control Act 1994 is a vector of an exotic pest or disease, the Minister may specify in an order under subsection (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)The Minister must ensure that notice of an order declaring a restricted area is published in a newspaper circulating generally in the vicinity of the area.
21Permits for activity in restricted area
(1)A person who knows, or has reason to believe, that any area has been declared to be a restricted area must not—
(a)cause or permit the movement of any plants, plant products, plant vectors, used packages, used agricultural equipment, soil or beehives to which the declaration of the restricted area applies into, within or from that area; or
(b)contravene any prohibition, restriction or requirement specified in the order which declared the restricted area—
unless the person is authorised to do so under a permit issued by an inspector and complies with any conditions set out in the permit.
Penalty:50 penalty units, in the case of a natural person.
100 penalty units in the case of a body corporate.
(2)An inspector may issue a permit for the purposes of this section—
(a)subject to any conditions; and
(b)to be effective for any period of time—
that the inspector specifies in the permit.
(3)Without limiting subsection (2), an inspector may issue a permit subject to any conditions relating to the control or the eradication of the pest or disease.
(4)An inspector may revoke or vary a permit at any time by notice in writing to the holder.
(5)If a permit given under this section is revoked the holder must, upon request by an inspector, immediately deliver the revoked permit to the inspector.
22Further powers under orders
(1)Without limiting the powers of the Minister under sections 17 and 20, an order declaring a quarantine area or a restricted area may—
(a)prohibit the removal from the declared area of—
(i)any plant, plant product or plant vector of a species, kind or variety;
(ii)any used package or used agricultural machinery;
(iii)any soil; or
(iv)any beehive—
specified in the order that might, in the opinion of the Minister, transmit an exotic pest or disease;
(b)require owners or occupiers of any place within the area to take measures, including the destruction of plants, plant products and plant vectors, specified in the order that are, in the opinion of the Minister, necessary for the containment, eradication or control of the pest or disease;
(c)require owners or occupiers of places within specified portions of the area to take more stringent measures (including the destruction of plants, plant products and plant vectors), as specified in the order, than the owners or occupiers of other places within the declared area;
(d)prohibit the planting and propagation of plants or plant products, or plants or plant products of a specified species, kind or variety within the declared area during a period specified in the order;
(e)restrict the purposes for which plants, plant products, plant vectors, used packages or used agricultural equipment may be used;
(f)require plants, plant products, plant vectors, used packages or used agricultural equipment to be subject to a specified treatment or a specified course of treatment or requiring other action of a specified kind to be taken for the purpose of controlling pests or diseases;
(g)require plants, plant products, plant vectors, plant refuse, used packages or used agricultural equipment to be destroyed or disposed of in a specified manner;
(h)require used packages or used agricultural equipment to be cleansed, disinfected or otherwise treated in a specified manner;
(i)require plants, plant products, plant vectors, beehives or any place to be identified in a specified manner;
(j)control or prohibit the movement of specified plants, plant products, plant vectors, used packages, used agricultural machinery or soil in the area;
(k)require plants, plant products and plant vectors suspected of being affected by an exotic pest or disease to be kept in a place which is separate from unaffected plants or plant products;
(l)control or prohibit the removal of specified plants, plant products, plant vectors, used packages, used agricultural machinery or soil from the whole or part of the area;
(m)specify tests or treatments to be applied to plants, plant products, plant vectors, used packages, used agricultural equipment or soil;
(n)specify tests or treatments to be applied to a place whether or not there are any plants growing there;
(o)apply to the whole or any part of a quarantine area or a restricted area;
(p)require beekeepers who keep beehives within the area to take measures, including the destruction of bees, honey, beeswax, honeycomb, beehives or pollen, specified in the order that are, in the opinion of the Minister, necessary for the containment, eradication or control of the pest or disease.
(2)An order may authorise an inspector to issue any directions to any person to do any of the things specified in subsection (1).
(3)A person must not contravene any written direction of an inspector under subsection (2).
Penalty:50 penalty units.
23Duration of orders
(1)An order under this Division remains in force for a period of 12 months or any shorter period that is specified in the order, unless sooner revoked.
(2)The Minister may from time to time, by notice published in the Government Gazette, extend the duration of an order for any period not exceeding 12 months.
Division 3—Importation orders
24Border security
(1)If the Minister reasonably suspects an exotic disease or pest exists in Australia but outside Victoria, the Minister may, by order, prohibit absolutely, restrict, or impose conditions upon, the entry or importation into Victoria of plants, plant products, used agricultural equipment, plant vectors, used packages, soil or beehives.
(2)Without limiting subsection (1), an order—
(a)may prohibit or restrict the entry or importation into Victoria of plants, plant products, used agricultural equipment, plant vectors, used packages, soil or beehives from a State or Territory, or part of a State or Territory, that the Secretary reasonably suspects is affected by an exotic disease or pest;
(b)may specify tests or treatment to be applied to any kind of plants, plant products, used agricultural equipment, plant vectors, used packages, soil or beehives;
(c)may require the plants, plant products, used agricultural equipment, plant vectors, used packages, soil or beehives referred to in the order to be accompanied by an assurance certificate, a plant health certificate or a plant health declaration that—
(i)sets out details of—
(A)the person in Victoria to whom the plants, plant products, used agricultural equipment, plant vectors, used packages, soil or beehives is being delivered; and
(B)the grower or packer and the consignor of the plants, plant products, used agricultural equipment, plant vectors, used packages, soil or beehives; and
(C)the quantity, type, origin and destination of the plants, plant products, used agricultural equipment, plant vectors, used packages, soil or beehives; and
(ii)states that the plants, plant products, used agricultural equipment, plant vectors, used packages, soil or beehives have been treated or tested in accordance with the requirements of the order; and
(iii)provides a description of the treatment or tests.
(3)Without limiting subsection (1), an order may, in relation to a requirement for a plant health declaration under subsection (2)(c), limit or restrict the circumstances in which a plant health declaration may be issued by reference to all or any of the following—
(a)the plant, plant product, used agricultural equipment, plant vectors, used package, soil or beehives or class of plant, plant product, used agricultural equipment, plant vectors, used package, soil or beehives;
(b)the area or the class of area in which the plant, plant product, used agricultural equipment, plant vectors, used package, soil or beehives was grown, produced or packed or from which it was consigned, having regard to the pest and disease status of that area;
(c)the persons or class of persons authorised or permitted by the Act to issue plant health declarations.
25Contravention of importation order
A person who causes, permits or assists any plant, plant product, used agricultural equipment, plant vectors, used packages, soil or beehives to enter or be imported into Victoria, knowing that in doing so the person contravenes an importation order under section 24 is guilty of an offence and liable to a penalty not exceeding 50 penalty units, in the case of a natural person, and not exceeding 200 penalty units, in the case of a body corporate.
26Notification of importation order
The Minister must ensure that notice of an importation order under section 24 is published in the Government Gazette as soon as practicable after the making of the order.
27Duration of importation order
(1)An importation order under section 24 remains in force for a period of 12 months or any shorter period that is specified in the order, unless sooner revoked.
(2)The Minister may from time to time, by notice published in the Government Gazette, extend the duration of an order for any period or periods not exceeding 12 months.
Division 4Special provisions—
28Possession or administration of exotic disease agents
(1)A person must not—
(a)possess an exotic disease agent; or
(b)administer or release an exotic disease agent, or cause or permit the administration or release of an exotic disease agent; or
(c)threaten to release or administer an exotic disease agent.
Penalty:200 penalty units.
(2)Subsection (1)(a) and (b) does not apply to a person who has the authority of the Secretary to be in possession of an exotic disease agent for the purposes of research.
(3)In this section, exotic disease agent means any exotic pest or disease organism or any plant or plant product affected by an exotic pest or disease.
28AProtection of actions relating to areas where exotic pest or disease exists
(1)The Minister may by order in writing certify that—
(a)an outbreak of an exotic pest or an exotic disease exists in any part of Victoria; or
(b)an outbreak of an exotic pest or an exotic disease exists in any part of Australia outside Victoria and it is necessary or expedient to take action, including making an order under this Act, to prevent, or reduce the risk of, the spread of the pest or disease to Victoria.
(2)If an order has been made by the Minister under subsection (1), no proceedings for an injunction, or for any order in the nature of a prerogative writ, or an order of any other kind, may be instituted or continued in any court against the Minister, the Secretary, an inspector or any other person that would stop, prevent or restrain the Minister, Secretary, inspector or other person from taking or purporting to take any action, including the making of orders and authorisations under this Act, in relation to, or in consequence of, an outbreak or suspected outbreak of an exotic pest or an exotic disease within Victoria or within any other part of Australia referred to in an order under subsection (1)(b).
(3)An order under this section comes into force on the date it is published in the Government Gazette.
(4)Nothing in this section prevents the institution or continuation in any court of any action or proceedings to recover damages in respect of any loss incurred or damage suffered as a result of any act or omission in the negligent exercise or purported exercise by any person of a power or authority conferred by or under this Act.
Division 5—Testing
29Testing for exotic pests or diseases
(1)The Secretary may direct any person to have carried out, at a laboratory or place nominated by the Secretary, a specified examination of any plant or plant product owned by or in the possession or control of that person.
(2)The direction may require the taking, delivery and examination of samples from the plant or plant product.
(3)The direction must be in writing.
(4)A person given a direction under this section must comply with it.
Penalty:50 penalty units.
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PART 4—PLANTS AND PLANT PRODUCTS
Division 1—Seeds
* * * * *
32Sale of prohibited seeds
A person must not sell any seeds that—
(a)are declared by Order in Council to be prohibited seeds; or
(b)are mixed with any seeds that are declared by Order in Council to be prohibited seeds.
Penalty:50 penalty units.
Division 2—Fruit, vegetable and nuts
33Application
Nothing in this Division applies to fruit, vegetables or nuts sold for processing, repackaging, stock food or for any use other than for human consumption.
34Packages to be sound and clean
(1)A person must not pack for sale or sell any fruit, vegetables or nuts in a package unless the package is clean to touch and free of extraneous visible matter and objectionable odour and in good repair and in the case of—
(a)bags and sacks, the package is free of patches; and
(b)in the case of fibreboard or expanded polystyrene packages, the packages—
(i)have not been used before; or
(ii)have been reconditioned in accordance with the regulations so as not to be readily distinguishable from a package that has not been used before.
Penalty:50 penalty units.
(2)An inspector may by order, orally or in writing, require used packages referred to in subsection (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 subsection (1);
(b)to be destroyed or disposed of in a specified manner;
(c)to be cleaned, repaired or otherwise treated in a specified manner.
(3)A person must not contravene any written direction of an inspector under subsection (2).
Penalty:50 penalty units.
35Marking or labelling where produce grown
(1)A person must not pack for sale or sell any fruit, vegetables or nuts in a package unless—
(a)the outside of the package; or
(b)a label or ticket affixed to the outside of the package; or
(c)in the case of a transparent package, a label or ticket placed inside the package which can be read from the outside—
is legibly marked with—
(d)the kind of fruit, vegetable or nut; and
(e)in the case of prescribed fruit, vegetables or nuts grown in Australia, the name and postcode of the city or town nearest to the locality where the fruit, vegetables or nuts were grown or a code indicating the location of their packing or production that is approved for use by that person by the Secretary; and
(f)in the case of fruit, nuts or vegetables grown outside Australia or New Zealand, the name of the country where the fruit, vegetables or nuts were grown.
Penalty:50 penalty units.
(2)A person must not display for sale in a lot, fruit, vegetables or nuts that have been grown outside Australia or New Zealand unless there is displayed with the fruit, vegetables or nuts a ticket legibly marked with the name of the country where the fruit, vegetables or nuts were grown.
Penalty:50 penalty units.
* * * * *
Division 3—Plant and plant product identification
39Identification of plants or plant products for propagation
A person must not sell any prescribed plant or plant product for propagation unless it is in a package, or accompanied by a label or advice note, marked with a statement setting out—
(a)the common description or botanical name of the plant or plant product; and
(b)the name and address of the grower or seller of the plant or plant product; and
(c)if the plant or plant product was grown in Australia, the post code of the city or town nearest to the locality where the plant or plant product was grown.
Penalty:50 penalty units.
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PART 5—CERTIFICATION SCHEMES
40Certification schemes
(1)The Minister may approve schemes for testing and certifying—
(a)the variety or origin; or
(b)the disease status—
of any class or kind of plant or plant product.
(2)If a plant or plant product has been certified in accordance with a certification scheme approved under subsection (1) the person or body responsible for certification under the scheme must ensure that the plant or plant product is identified with a label setting out the name of the certification scheme and the body responsible for the scheme.
(3)The Minister may revoke or vary an approval under subsection (1).
(4)The Minister must ensure that an approval under subsection (1) or a revocation or variation under subsection (3) is notified in the Government Gazette.
41Varietal names
(1)If a certification scheme is in operation in respect of a declared variety of plant or plant product at the time the plant or plant product is grown for sale, a person must not—
(a)in any invoice, agreement, circular or advertisement relating to plant or plant product of that declared variety; or
(b)on any package of plant or plant product of that declared variety or any label attached to the package—
use or cause to be used the name of that declared variety unless the variety has been established in accordance with a certification scheme as it operated at the time the plant or plant product was grown.
Penalty:50 penalty units.
(2)In this section declared variety means a variety of plant or plant product which the Governor in Council declares by order to be a variety of plant or plant product.
42Restriction of use of certain terms
A person must not use or permit the use of the words or expressions certified, approved, verified, or accredited or any words or expressions of similar effect if that use is intended or apparently intended to imply that any plant or plant product to which the words or expression relates is certified under or in accordance with a scheme approved under section 40—
(a)in any invoice, agreement, circular or advertisement or on any sign or notice relating to any plant or plant product;
(b)on any package containing any plant or plant product; or
(c)on any label attached to the package or to any plant or plant product—
unless the plant or plant product has been certified under or in accordance with a scheme approved under section 40.
Penalty:50 penalty units.
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PART 6—COMPLIANCE AGREEMENTS AND ACCREDITATION
43Compliance agreements
(1)The Secretary, on behalf of the Crown may enter into a compliance agreement with a person in connection with the application of particular procedures under this Act in respect of plants, plant products, used packages or used agricultural equipment for the monitoring or control of any pest or disease in accordance with the agreement.
(2)The terms and conditions of a compliance agreement must be in accordance with this section.
(3)A compliance agreement may provide that in the circumstances stated in the agreement, the Secretary may, by written notice given to a party to the agreement other than the Crown, cancel the agreement or suspend its operation for a period, or until the happening of an event, stated in the notice.
(4)A compliance agreement may include provision for the giving of security for the proper observance of the agreement by a party other than the Crown and, if security is so given under such a provision, the security may be enforced or forfeited regardless of any liability or penalty to which the person may be subject under this Act.
(5)An inspector may release plants, plant products, packages or agricultural equipment to which a compliance agreement applies from seizure or detention under this Act on the basis of a certificate or assurance, given by a person authorized under the agreement to give such a certificate or assurance, that all procedures under this Act to which the agreement refers have been complied with in respect of the plants, plant products, packages or agricultural equipment.
(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 subsection (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.
(7)A party to a compliance agreement, other than the Crown, must pay the charges set out in the agreement for the preparation of the agreement and for ensuring the agreement is complied with.
43AAccreditation
(1)The Secretary may grant accreditation to a person to issue assurance certificates about plants, plant products, used agricultural equipment, used packages or soil that—
(a)are grown, produced, packed, treated or tested in Victoria; or
(b)are to be imported, introduced or brought into Victoria.
(2)A person may apply to the Secretary for accreditation.
(3)The Secretary may—
(a)grant the accreditation applied for or another accreditation; or
(b)refuse accreditation; or
(c)grant accreditation subject to conditions, limitations or restrictions.
(4)If the Secretary refuses to grant accreditation to an applicant, the Secretary must give the applicant a written notice stating—
(a)the decision; and
(b)the reasons for the decision; and
(c)that the applicant may apply to the Secretary for reconsideration of the decision.
43BRegister
(1)The Secretary must keep a register of accredited persons.
(2)The Register must include particulars of—
(a)all current accreditations;
(b)any amendments or suspension of an accreditation.
43CAmendment and cancellation
(1)If the Secretary considers that a ground exists to amend or cancel an accreditation the Secretary must give the accredited person written notice—
(a)of his or her intention to take the proposed action; and
(b)of the reasons and grounds for the proposed action; and
(c)inviting the accredited person (within a stated time of at least 28 days) to show why the action should not be taken.
(2)If, after considering all written submissions made within the time stated in the notice, the Secretary still considers a ground exists to take the proposed action the Secretary may amend, suspend or cancel the accreditation in accordance with the terms of the notice.
(3)The Secretary must give the person written notice of the decision and, if the Secretary decides to amend or cancel the accreditation, the reasons for the decision and that the person may apply to the Secretary for a reconsideration of the decision.
43DSuspension
(1)If the Secretary considers that a ground exists to suspend an accreditation the Secretary must—
(a)immediately suspend that accreditation; and
(b)give the accredited person written notice of the suspension as soon as practicable stating—
(i)the reasons and grounds for the suspension; and
(ii)that the accredited person may appeal against the suspension within 7 days of receiving the notice.
(2)After considering any appeal by the accredited person made under subsection (1)(b), the Secretary may—
(a)if the Secretary still considers a ground exists to suspend the accreditation, suspend the accreditation for such period as the Secretary may determine; or
(b)in any other case, cancel the suspension.
(3)A decision under subsection (2) must be made within 21 days of the appeal by the accredited person.
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PART 7—ADMINISTRATION
Division 1—General
44Delegations by Minister
(1)The Minister may by instrument delegate to any person or class of persons employed in the administration of this Act (other than an inspection agent) any power of the Minister under this Act except this power of delegation and the powers under sections 5A, 17, 20 and 46.
(2)The Minister may by instrument delegate to the Secretary the power of the Minister under section 17, subject to the condition that an order made by the Secretary under that section as delegate of the Minister must not operate for any period exceeding 7 days.
(3)The Minister may by instrument delegate to the Secretary the power of the Minister under section 5A.
45Delegations by Secretary
The Secretary may by instrument delegate to any person or class of persons employed in the administration of this Act (other than an inspection agent) any power of the Secretary under this Act except this power of delegation.
46Fees and charges
(1)The Minister may, by notice published in the Government Gazette, fix fees and charges to be paid for anything done under this Act other than inspection fees payable to an approved inspection service.
(2)The power to fix fees and charges under this section may be exercised—
(a)either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and
(b)so as to make, with respect to cases in relation to which the power is exercised—
(i)the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or
(ii)any such provision either unconditionally or subject to any specified condition.
47Protection of persons assisting inspector
(1)A person is not personally liable for anything done or omitted to be done in good faith at the request of an inspector to provide assistance to the inspector—
(a)in the exercise of a power or authority of the inspector under this Act; or
(b)in the reasonable belief that the act or omission was in the exercise of a power or authority of the inspector under this Act.
(2)Any liability resulting from an act or omission that would, but for subsection (1) attach to a person, attaches instead to the Crown.
(3)This section does not apply to an inspection agent.
48Requirements for orders etc. under Part 2
(1)An order, direction or notice made, issued or given by an inspector, or a notice issued or given by the Secretary, under Part 2 must—
(a)be in writing; and
(b)be given to or served on the person to whom it applies; and
(c)fix a time, of not less than 7 days, within which the order, direction or notice comes into effect or must be carried out or complied with.
(2)Despite subsection (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.
49Non-compliance under order
(1)If a person fails for any reason to comply with an order of the Minister or a direction by the Secretary or an inspector or any notice or other requirement under this Act, an inspector may cause the order, direction, notice or requirement to be carried out.
(2)The Minister may determine that all reasonable costs and expenses incurred by an inspector as a result of the failure of any person to comply with an order, direction, notice or requirement may be recovered by the Minister from—
(a)the person to whom the order, direction or notice was given or of whom the requirement was made; or
(b)any other person who was responsible for that person's failure to comply with the order, direction, notice or requirement.
(3)The Minister must send a copy of a determination under subsection (2) to the person from whom the Minister has determined that the reasonable costs and expenses should be recovered.
(4)A person whose interests are affected by a determination of the Minister under subsection (2) may apply to the Victorian Civil and Administrative Tribunal for review of the determination.
(5)An application for review must be made within 28 days after the later of—
(a)the day on which the determination is made;
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the determination, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
(6)Costs and expenses determined under this section may be recovered by the Minister as a debt in a court of competent jurisdiction.
Division 2—Review of decisions
50Review of decisions
(1)If a person is aggrieved by any decision of an inspector under section 11 or 13 to issue an order or notice, the person may, before the end of the period stated in the order or notice within which the order or notice takes effect or must be carried out or complied with, apply to the Secretary for a review of that decision.
(2)If a person is aggrieved by any decision of the Secretary under section 12 or 14 to issue or give a notice, the person may, before the end of the period stated in the notice within which the notice takes effect or must be carried out or complied with, apply to the Minister for a review of that decision.
(3)If a person is aggrieved by any decision of the Secretary to give a direction under section 53(6), the person may, within 7 days after the receipt of the direction, apply to the Minister for a review of that decision.
(4)The Minister and the Secretary may conduct any review under this section in any manner that he or she thinks fit.
(5)The Secretary must ensure that notice of any decision following a review by the Minister or Secretary is given or sent to the person who made the application.
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PART 8—ENFORCEMENT
Division 1—Inspectors
51Inspectors
(1)The Secretary may, by instrument, authorise—
(a)any person employed under Part 3 of the Public Administration Act 2004; or
(b)any other appropriately qualified person—
to be an inspector for the purposes of all or any of the provisions of this Act and in respect of all plants, plant products, plant vectors, used packages and agricultural equipment and soil or any plant, plant product, plant vector, used package or agricultural equipment or soil.
(1A)If the Minister makes an order under section 17 or 20 declaring a quarantine area or restricted area, the Secretary may, by instrument, appoint members of the Police Force of Victoria or persons employed or engaged by emergency services agencies within the meaning of the Emergency Management Act 1986 to be inspectors for the purposes of all or any of the provisions of this Act and in respect of all plants, plant products, plant vectors, used packages or agricultural equipment or soil or any plant, plant product, plant vector, used package or agricultural equipment or soil specified in the order for the period the order remains in force.
(1B)A person in a class of persons appointed under subsection (1A) may perform all of the functions and exercise all of the powers of an inspector under Part 8.
(2)The Secretary, may determine the terms and conditions of authorisation of inspectors.
(3)The Secretary may, in writing, revoke the authorisation of an inspector at any time.
(4)The terms and conditions of authorisation may contain general directions as to how the inspector's powers may be exercised.
(5)The Secretary must issue an identification certificate to each inspector appointed under subsection (1) which sets out the provisions of this Act and the plants and plant products the inspector is authorised to be an inspector for.
(6)An inspector appointed under subsection (1) must, in the course of performing his or her functions under this Act, produce his or her identification certificate to any person who requests its production.
(7)An inspector appointed under subsection (1A) must, in the course of performing his or her functions or exercising his or her powers under this Act, produce to any person who requests its production—
(a)his or her identification as a member of the Police Force or a person employed or engaged by an emergency services agency; and
(b)in the case of a person employed or engaged by an emergency services agency, a copy of the instrument of appointment under subsection (1A).
Division 1A—Approved inspection services
51AApproved inspection services
(1)The Secretary may, by instrument, approve a person or body to be an approved inspection service—
(a)to provide examination, inspection and treatment services for monitoring, controlling and eradicating plant pests and diseases;
(b)to ascertain whether plants, plant products, packages and used agricultural equipment comply with this Act;
(c)to verify any documents relating to plant, plant products, packages and used agricultural equipment, and any marking and labelling on packages containing plants and plant products;
(d)to issue plant health certificates;
(e)to monitor proper observance of compliance agreements under Part 6;
(f)to provide services for the monitoring, examination, investigation and inspection of accredited persons and the operating procedures of those persons.
(2)The Secretary must not give approval under subsection (1) unless—
(a)he or she is satisfied that the person or body can provide an adequate, appropriate and efficient inspection service and that the service will be provided by appropriately qualified persons; and
(b)he or she has entered into an agreement under section 51B with the person or body.
(3)An approval—
(a)may authorise the person or body to carry out all of the powers, functions and duties referred to in this section and section 51D or be limited to powers, functions and duties of a particular kind;
(b)may apply to the whole of Victoria or be limited to particular areas of Victoria;
(c)may be subject to any condition or restriction that the Secretary thinks fit.
51BAgreements relating to approved inspection services
(1)The Secretary, on behalf of the Crown, may enter into an agreement under this section.
(2)An agreement must provide for—
(a)compliance by the inspection service with all relevant provisions of this Act or of any other Act or instrument of a legislative character; and
(b)objectives and performance standards in relation to the provision of the services;
(c)the circumstances in which services may be provided;
(d)the fees, costs and charges to be paid for services provided by the inspection service;
(e)the submission of periodic reports in relation to the inspection service's operations under the agreement;
(f)an indemnity by the inspection service in favour of the Crown and the Secretary;
(g)the office the holder of which is to be the principal officer for the purposes of the application of the Freedom of Information Act 1982 to the inspection service;
(h)the office the holder of which is to be the principal officer for the purposes of the application of the Ombudsman Act 1973 to the inspection service;
(i)the termination of the agreement if the Secretary withdraws approval of the service;
(j)the prohibition of sub-contracting of services.
(3)An agreement under this section may—
(a)provide for consideration to be paid to or received by the Secretary in respect of the giving of the right to provide the services;
(b)provide for any matter to be determined, approved or dispensed with by the Secretary;
(c)provide for the Secretary to delegate powers and functions under the agreement;
(d)require the provision by the inspection service of a performance bond;
(e)provide for the suspension of obligations under the agreement in specified circumstances;
(f)contain any other provisions agreed between the Secretary and the inspection service that are not inconsistent with this Act.
(4)The Secretary and an approved inspection service may, by agreement, vary or terminate an agreement under this section.
(5)The Secretary may, by instrument given to an approved inspection service, withdraw approval of the service if satisfied that the service is in breach of a condition or restriction of the approval or of the agreement under this section.
51CApproved inspection services and employed or appointed inspectors
Sections 51A and 51B, and any agreement entered into under those sections, do not prevent the performance of a function or duty or the exercise of a power—
(a)by an inspector authorised by the Secretary under section 51; or
(b)by a person having the functions, duties and powers of an inspector (other than an inspection agent).
51DPowers of inspection agents
(1)An inspection agent carrying out any of the functions set out in section 51A(1) has any of the powers and duties of an inspector under sections 52(1)(c) to (j), 53, 54, 55 and 56 that are reasonably required for carrying out those functions.
(2)In addition to the powers and duties set out in subsection (1), an inspection agent may carry out any other powers and duties conferred on him or her under this Act.
(3)If an inspection agent is carrying out any functions under section 51A(1)(a) to (d), the provisions of section 71(a), (f) and (g) apply in relation to the inspection agent as if the inspection agent were an inspector.
(2)Despite any Act or law to the contrary the operation by any inspector, or by any person under the direct supervision and control of any inspector, of any road barrier and the placing by any inspector or any such person of any notice, sign, light or other device purporting to be erected, maintained or placed under subsection (1) upon or across any public highway or any part of a highway is not an unlawful obstruction of or interference with the public highway or the use of the highway.
(3)If any notice or sign warning of the presence of a road barrier upon the highway is displayed to traffic approaching the road barrier, the notice or sign constitutes and is to be treated as an order addressed by the inspector operating the road barrier or causing the road barrier to be operated to the driver of any vehicle approaching the road barrier to stop the vehicle at or near and before reaching the road barrier and to keep the vehicle stationary until permitted by an inspector to proceed.
(4)If any notice or sign warning of the presence upon the highway of an inspector exercising powers of stopping and entering any vehicle is displayed to traffic approaching the inspector, the notice or sign constitutes and is to be treated as an order addressed by the inspector to the driver of any vehicle approaching the inspector to stop the vehicle near the inspector and before reaching the inspector and keep the vehicle stationary until permitted by the inspector to proceed.
(5)Without limiting subsection (4) any inspector may order the driver of a vehicle to stop the vehicle whether at or near a road barrier or otherwise, by spoken word, by any recognised hand signal or by any other prescribed signal.
(6)The driver of a vehicle who fails to stop the vehicle and keep the vehicle stationary until permitted to proceed when ordered to do so by an inspector is guilty of an offence and liable to a penalty of not more than 50 penalty units.
(7)The driver of any vehicle or any other person who wilfully or negligently damages or interferes with any road barrier, notice, sign, light or other device erected and maintained under this section is, in addition to any other penalty which may be imposed upon that person, liable to the Crown for the cost of repairing or replacing the road barrier, notice, sign, light or other device.
Division 3—Additional powers of inspectors for exotic pests and diseases
58Search and entry and other powers
(1)For the purpose of exercising the powers of an inspector under this Act relating to exotic pests or diseases, an inspector, with or without assistants, may do any of the following—
(a)enter and search any place other than a residence;
(b)with the consent of the occupier enter and search any residence;
(c)stop, board, enter, search or detain any vehicle;
(d)break open and search any box, container, package or receptacle (including any place that could be used as a receptacle);
(e)inspect, count, examine, mark for identification, examine, fumigate, treat, disinfect or take samples from any plant or plant product or any bees, honey, beeswax, honeycomb, beehives or pollen or any item or receptacle;
(f)stop the movement or order the movement of any plant or plant product or any bees, honey, beeswax, honeycomb, beehives or pollen for the purpose of any inspection, examination, fumigation, treatment, disinfection or the taking of samples;
(g)remove or cause to be removed to another place any plant or plant product or any bees, honey, beeswax, honeycomb, beehives or pollen or vehicle or any item or receptacle;
(h)inspect, examine, test, disinfect, fumigate or take samples from a place or vehicle.
(2)An inspector may, if in the opinion of that inspector it is necessary to do so, use reasonable force to restrain a person who is apparently acting contrary to a requirement of this Act relating to exotic pests or diseases from so acting.
59Power to obtain information
(1)For the purpose of preventing, controlling or eradicating an exotic pest or disease or any plant or plant product that the inspector has reasonable grounds for suspecting is infected or infested with an exotic pest or disease, an inspector may do any of the following—
(a)require a person to answer any question that the inspector reasonably believes may provide information bearing on the prevention, control or eradication of the pest or disease;
(b)require a person to state the person's name and place of residence;
(c)require a person to produce any record or other document;
(d)inspect and take extracts from or copies of any record or other document.
(2)Such a requirement is not duly made unless, at the time of making the requirement, the person of whom the requirement is made has been informed by the inspector that a refusal or failure to furnish the answer, record or document, as the case may be, constitutes an offence.
Division 4—Infringement notices
60Power to serve a notice
(1)If an inspector has reason to believe that a person has committed an offence against section 6, 9(4), 12, 13, 14, 19, 21, 22, 25, 29, 32, 34, 35, 39, 41, 42, 53(3), 54(4) or 57(6) or a prescribed offence against the regulations, he or she may serve an infringement notice on that person.
(2)An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
* * * * *
63Penalties to be paid for offences under infringement notices
The penalty for an offence for which an infringement notice has been issued is the penalty prescribed by the regulations, which must not exceed 10 penalty units in the case of a natural person and 40 penalty units in the case of a body corporate and must not exceed the penalty fixed by this Act for that offence.
* * * * *
Division 5—Provisions related to court proceedings
66Power to file charges under this Act
A charge-sheet charging an offence under this Act or under the regulations made under this Act, may only be filed by—
(a)a member of the police force; or
(b)an inspector authorised under section 51(1)(a).
66AExtension of time
Despite section 7(1) of the Criminal Procedure Act 2009, 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.
67Service of documents
Except where otherwise provided for in this Act, a notice (other than an infringement notice) or other document authorised or required by this Act to be served on or given to a person is to be taken to have been served on or given to that person—
(a)if it is delivered to him or her personally; or
(b)if it is left at his or her last known address, last known residence or business premises with a person apparently over 16 years of age and apparently residing or employed there; or
(c)if it is sent to him or her by post.
68Offences by bodies corporate
If a body corporate is guilty of an offence against this Act any person who is concerned in or takes part in the management of that body corporate who knowingly authorised or permitted that contravention is also guilty of an offence and liable to a penalty for that offence.
69Deemed proof with regard to samples
If in any prosecution or proceeding under this Act a contravention of any of the provisions of this Act is proved in regard to any sample, the contravention is deemed to have been proved with regard to the lot from which the sample was taken.
Division 6—General
70Evidence of certain matters
(1)A document appearing to be a copy of an instrument of authorisation of an inspector, approval, agreement or permit issued granted or made under this Act if accompanied by a certificate appearing to be signed by the Secretary to the effect that it is a copy is evidence and, in the absence of evidence to the contrary, is proof of the existence and contents of the original.
(2)A certificate appearing to be signed by the Secretary to the effect that, on a date specified in the certificate, a person held or did not hold an authority under this Act specified in the certificate is evidence and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate.
71Offences relating to enforcement
(1)A person must not—
(a)without reasonable excuse obstruct or hinder an inspector in exercising his or her powers under this Act; or
(b)contravene a lawful direction, order or requirement of an inspector; or
(c)refuse to answer a question lawfully asked by an inspector or to produce a document lawfully required by an inspector; or
(d)give to an inspector any information or answer that is false or misleading; or
(e)refuse to produce any plant, plant product, used package, used agricultural equipment or soil when lawfully requested to do so by an inspector; or
(f)give, procure or offer or promise any bribe, recompense, inducement or reward to influence an inspector in the exercise of his or her powers or the discharge of his or her duties under this Act or attempt to do so; or
(g)interfere with anything done by an inspector in the exercise of his or her powers under this Act; or
(h)include in an application or request to the Secretary under this Act a statement that he or she knows to be false or misleading in a material respect.
Penalty:60 penalty units.
(2)Despite anything to the contrary in subsection (1) a person may refuse to answer an inspector's question or to produce a document to the inspector if the person believes that the answer or information in the document would tend to incriminate the person.
71AOffences about certification
A person who is not an accredited person must not—
(a)issue for, or in respect of, any plant, plant product, used agricultural equipment, used package, soil, bees, honey, beeswax, honeycomb, beehives or pollen anything that purports to be an assurance certificate; or
(b)use for the purposes of this Act anything that purports to be an assurance certificate.
Penalty:30 penalty units.
71BFalse statement in certificates and declarations
A person must not include in any assurance certificate, plant health certificate or plant health declaration a statement or information that the person knows to be false.
Penalty:60 penalty units for a first offence.
120 penalty units for a second or subsequent offence.
71CAlterations to certificates and declarations
(1)A person must not—
(a)alter or permit to be altered any information or statement in a plant health certificate unless the alteration is authorised in writing by an inspector, inspection agent or officer who is authorised by this Act to issue plant health certificates; or
(b)alter or permit to be altered any information or statement in a plant health declaration unless the alteration is authorised in writing by a person authorised by the Secretary to make plant health declarations.
Penalty:60 penalty units for a first offence.
120 penalty units for a second or subsequent offence.
(2)A person must not alter or permit to be altered any information or statement in an assurance certificate unless—
(a)the alteration is authorised in writing by the accredited person who issued the assurance certificate; or
(b)the alteration—
(i)relates to the splitting of a consignment to which that assurance certificate relates; and
(ii)is made by a person authorised by the Secretary or by an officer or authority of a State or Territory administering a corresponding law to split consignments.
Penalty:60 penalty units for a first offence.
120 penalty units for a second or subsequent offence.
71DRelease of information
A person employed under Part 3 of the Public Administration Act 2004 who is authorised by the Secretary either generally or in a particular case may communicate information that comes to his or her knowledge in the exercise of his or her powers or authorities or the discharge of his or her functions or duties under this Act or under any scheme or agreement between the States and Territories of the Commonwealth relating to the movement of material to which this Act applies to—
(a)an officer or authority of a State or Territory of the Commonwealth administering a corresponding law; or
(b)any department or authority of the Commonwealth that the Secretary specifies.
71ESupreme Courtlimitation of jurisdiction—
It is the intention of section 28A(2) to alter or vary section 85 of the Constitution Act 1975.
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PART 9—REGULATIONS
72Regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)prohibiting or controlling the movement of plants, plant products, used packages, used agricultural equipment and soil which in the opinion of the Governor in Council are likely to spread any pests or disease;
(b)securing the effectual treatment of plants, plant products, plant refuse, used agricultural equipment or used packages affected by or which may be affected by pests or diseases and the effectual control or eradication of any pest or disease and the destruction of any plant, plant product, plant refuse, agricultural equipment or package which may be affected with a pest or disease;
(ba)prescribing requirements and procedures for the reconditioning of used packages;
(c)authorising and requiring inspectors to impose fees and charges of such amounts or rates as the Minister may determine for inspecting plants, plant products, equipment, packages or land or supervising the treatment of any plant, plant product, used package, used agricultural equipment or land or supervising the destruction or disposal of any plant, plant product, plant refuse, used agricultural equipment or used package or for the preparation of a compliance agreement and ensuring that the agreement is complied with;
(d)exempting any person, place, plant or plant product from the application of this Act, whether wholly or partially or subject to conditions, restrictions or limitations;
(e)requirements for the packing of fruit, vegetables and nuts for human consumption for sale;
(f)systems for describing the grade or quality of fruit, vegetables or nuts for human consumption for sale;
(g)the markings to be placed on packages containing fruit, vegetables or nuts for sale and prohibiting the use of marks other than those prescribed;
(h)the examination of seeds to establish the proportion of pure seeds and the germination rate of the seeds including tolerances permitted in the examination and in the publication of the results of examination;
(i)regulating and controlling certification schemes approved under Part 5 and prescribing conditions under which certificates under those schemes may be issued;
(j)prescribing the size, form and quality of labels required to be attached to packages of plants or plant products;
(k)prescribing the manner and size of printing or writing and any particulars to be set out on any package of plants, plant products or any label to the package;
(l)generally, any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2)The regulations—
(a)may be of general or limited application; and
(b)may differ according to differences in time, place or circumstances; and
(c)may leave any matter to be approved or determined by an inspector or the Secretary; and
(d)may confer powers or impose duties on any person; and
(e)may apply, adopt or incorporate by reference any document either—
(i)as in force at the date of the regulations or at any date before then; or
(ii)wholly or in part or as amended by the regulations; and
(f)may require any application, return or other document required by this Act to be verified by statutory declaration;
(g)may impose penalties not exceeding 10 penalty units for any contravention of the regulations.
(2A)Without limiting subsections (1) and (2), for the purposes of section 6, the regulations may limit or restrict the persons or class of persons authorised or permitted by the Act to issue plant health declarations in relation to particular prescribed plant material or classes of prescribed plant material.
(3)The regulations may be disallowed in whole or in part by resolution of the Parliament in accordance with the requirements of section 23(2) of the Subordinate Legislation Act 1994.
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PART 10—REPEALS, AMENDMENTS AND TRANSITIONAL PROVISIONS
73Agricultural Industry Development Act
In the Agricultural Industry Development Act 1990—
(a)in section 1(a), in subparagraph (v) omit "and";
(b)in section 1(a), after subparagraph (v) insert—
"(vi)To implement or fund pest and disease control measures for the protection of agricultural commodities; and
(vii)To establish and manage funds to compensate producers for costs incurred in controlling or eradicating pests and diseases of agricultural commodities;";
(c)in section 15(1) after paragraph (c) insert—
"(ca)To implement or fund pest and disease control measures for the protection of the relevant commodity;
(cb)To establish and manage funds to compensate producers for costs incurred in controlling or eradicating pests and diseases;".
74Repeal of plant disease control legislation
(1)The Fruit and Vegetables Act 1958 is repealed.
(2)The Seeds Act 1982 is repealed.
(3)The Vegetation and Vine Diseases Act 1958 is repealed.
75Consequential amendment of other Acts
In section 100(3) of the Forests Act 1958 for "Vegetation and Vine Diseases Act 1958" substitute "Plant Health and Plant Products Act 1995".
76Transitional and saving provisions
(1)Despite the repeal of section 13 of the Seeds Act 1982, any seed certification scheme approved and implemented under section 13(1) of that Act or any seed certification scheme approved under section 13(2) of that Act and in force immediately before the commencement of this section continues in operation under this Act and is deemed for the purposes of this Act to be a seed certification scheme approved under section 40.
(2)Despite the repeal of section 14A of the Vegetation and Vine Diseases Act 1958, any scheme prescribed by the Minister or recognised by the Minister under that section as a scheme for the purpose of testing and certifying trees, plants or vegetation in relation to freedom from or resistance to or immunity to disease and in force immediately before the commencement of this section continues in operation under this Act and is deemed for the purposes of this Act to be a certification scheme approved under section 40.
(3)Despite the repeal of sections 5, 5A and 25 of the Vegetation and Vine Diseases Act 1958, any proclamation made by the Governor in Council under any of those sections and in force immediately before the commencement of this section continues in force under this Act and is deemed for the purposes of this Act to be an order declaring a control area under Part 2.
(4)Despite the repeal of sections 33 and 44 of the Vegetation and Vine Diseases Act 1958, any order made by the Governor in Council under either of those sections and in force immediately before the commencement of this section continues in force under this Act and is deemed to be an order declaring a control area under Part 2.
(5)Despite the repeal of the Fruit and Vegetables Act 1958 a person must not sell fruit or vegetables whether or not they have been packed unless the fruit or vegetables have been classed and labelled in accordance with the Export Control (Fresh Fruits and Vegetables) Orders as amended and in force from time to time made under the Export Control Act 1982 of the Commonwealth.
(6)Subsection (5) ceases to have effect on 30 June 1997 unless the Governor in Council makes an order declaring that the subsection ceases to have effect before that date.
(7)Nothing in this section affects or takes away from the Interpretation of Legislation Act 1984.
77Further 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.
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ENDNOTES
1. General Information
Minister's second reading speech—
Legislative Assembly: 13 April 1995
Legislative Council: 9 May 1995
The long title for the Bill for this Act was "A Bill to provide for plant pest and disease control and plant product description, to amend the Agricultural Industry Development Act 1990 to provide for industry funded control measures and compensation schemes, to repeal the Fruit and Vegetables Act 1958, the Seeds Act 1982 and the Vegetation and Vine Diseases Act 1958 and for other purposes.".
The Plant Health and Plant Products Act 1995 was assented to on 14 June 1995 and came into operation as follows:
Parts 1 (sections 1–5) and 5 (sections 40–42) on 14 June 1995: section 2(1); rest of Act on 14 June 1996: section 2(3).
2. Table of Amendments
This Version incorporates amendments made to the Plant Health and Plant Products Act 1995 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Miscellaneous Acts (Omnibus No. 3) Act 1997, No. 45/1997
Assent Date: 11.6.97 Commencement Date: Ss 22–34 on 11.6.97: s. 2(1) CurrentState: This information relates only to the provision/s amending the Plant Health and Plant Products Act 1995
Agriculture Acts (Amendment) Act 1998, No. 26/1998
Assent Date: 19.5.98 Commencement Date: S. 6 on 1.10.98: Government Gazette 24.9.98 p. 2450 CurrentState: This information relates only to the provision/s amending the Plant Health and Plant Products Act 1995
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) CurrentState: This information relates only to the provision/s amending the Plant Health and Plant Products Act 1995
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998
Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 72) on 1.7.98: Government Gazette 18.6.98 p. 1512 CurrentState: This information relates only to the provision/s amending the Plant Health and Plant Products Act 1995
Livestock Disease Control (Amendment) Act 1998, No. 83/1998
Assent Date: 17.11.98 Commencement Date: S. 13 on 17.11.98: s. 2(1) CurrentState: This information relates only to the provision/s amending the Plant Health and Plant Products Act 1995
Plant Health and Plant Products (Amendment) Act 2000, No. 62/2000
Assent Date: 8.11.00 Commencement Date: 30.6.02: s. 2(2) CurrentState: All of Act in operation
Agriculture Legislation (Amendments and Repeals) Act 2000, No. 44/2002
Assent Date: 22.10.02 Commencement Date: Ss 3–5, 6(1)(2)(d)–(f)(3), 7, 8, 10, 12(1)–(3)(5), 13, 14(a), 15–25, 27–29 on 20.3.03: Government Gazette 13.3.03 p. 418; ss 6(2)(a)–(c), 9, 11, 12(4), 14(b), 26 on 31.12.03: s. 2(4) CurrentState: This information relates only to the provision/s amending the Plant Health and Plant Products Act 1995
Fisheries (Amendment) Act 2003, No. 56/2003
Assent Date: 16.6.03 Commencement Date: S. 11(Sch. item 16) on 17.6.03: s. 2 CurrentState: This information relates only to the provision/s amending the Plant Health and Plant Products Act 1995
Livestock Disease Control (Amendment) Act 2003, No. 57/2003
Assent Date: 16.6.03 Commencement Date: S. 10 on 17.6.03: s. 2 CurrentState: This information relates only to the provision/s amending the Plant Health and Plant Products Act 1995
Primary Industries Legislation (Miscellaneous Amendments) Act 2004, No. 22/2004
Assent Date: 18.5.04 Commencement Date: Ss 10–13 on 19.5.04: s. 2(1) CurrentState: This information relates only to the provision/s amending the Plant Health and Plant Products Act 1995
Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 156) on 5.4.05: Government Gazette 31.3.05 p. 602 CurrentState: This information relates only to the provision/s amending the Plant Health and Plant Products Act 1995
Statute Law (Further Revision) Act 2006, No. 29/2006
Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 28) on 7.6.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Plant Health and Plant Products Act 1995
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 38) on 1.7.06: Government Gazette 29.6.06 p. 1315 CurrentState: This information relates only to the provision/s amending the Plant Health and Plant Products Act 1995
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 92) on 1.1.10: Government Gazette 10.12.09 p. 3215 CurrentState: This information relates only to the provision/s amending the Plant Health and Plant Products Act 1995
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3. Explanatory Details
No entries at date of publication.
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