Plant Quarantine Regulations 2007 (TAS)

Plant Quarantine Regulations 2007

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Plant Quarantine Act 1997 .25 June 2007

W. J. E. COX

Governor

By His Excellency’s Command,

D. E. LLEWELLYN

Minister for Primary Industries and Water

PART 1Preliminary1Short titleThese regulations may be cited as the Plant Quarantine Regulations 2007 . 2CommencementThese regulations take effect on the seventh day after the day on which their making is notified in the Gazette. 3InterpretationIn these regulations, unless the contrary intention appears – Act means the Plant Quarantine Act 1997 ; carrier means the operator of any vessel entering Tasmania; GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; overtime hours means, where a shift begins or ends outside working hours, the hours that – (a) immediately lead up to or follow on from working hours; and (b) make up part of that shift; penalty hours means the hours that make up a shift where the whole of the shift falls outside working hours; unit of freight means – (a) a container used to transport freight; or (b) a truck, trailer or other motor vehicle used to transport freight other than a motor vehicle that is a car brought into Tasmania on a ferry by an accompanying passenger; or (c) any other thing used to transport freight; or (d) any agricultural equipment or other machinery; or (e) any other thing that is freight in its own right; working hours means the period from 7 a.m. until 7 p.m. on any weekday other than a public holiday or bank holiday. PART 2Fees and charges4Fees and charges payable by carriersThe fees and charges specified in Schedule 1 are prescribed as the fees and charges that are payable by carriers for the matters to which they respectively relate. 5Fees and charges payable for requesting certificate of releaseThe fees and charges specified in Schedule 2 are prescribed as the fees and charges that are payable by persons requesting a certificate of release under section 74 of the Act. 6Fees and charges payable for applications under ActThe fees and charges specified in Schedule 3 are prescribed as the fees and charges that are payable by persons making an application under the Act for the matters to which they respectively relate. 7Fees include GSTThe fees and charges specified in Schedule 1 , 2 and 3 (other than items 1 and 2 of Schedule 3 ) are GST inclusive. PART 3Miscellaneous8Offences under Act (1)  The offences described in Column 2 of Schedule 4 under the respective sections specified in Column 1 of that Schedule are prescribed as the offences under the Act in respect of which infringement notices may be issued. (2)  The penalties specified in Column 3 of Schedule 4 are prescribed as the penalties payable in respect of the prescribed offences to which the respective infringement notices relate. 9Legislation rescindedThe legislation specified in Schedule 5 is rescinded. Schedule 1Fees and charges payable by carriers

Regulation 4

Item	Matter	Fee (Fee units)
1.	Examination of documents or vessel under the Act –
(a) within working hours	12 per quarter-hour or part quarter-hour, for each inspector
(b) outside working hours, and –
(i) within overtime hours, on a –
weekday or Saturday	18 per quarter-hour or part quarter-hour, for each inspector
Sunday, public holiday or bank holiday	24 per quarter-hour or part quarter-hour, for each inspector
(ii) within penalty hours on any day –
for an examination lasting 4 hours or less	384 for each inspector
for an examination lasting more than 4 hours	384 plus 24 per-quarter hour or part quarter-hour in excess of 4 hours, for each inspector
2.	Examination of unit of freight under the Act	5 per unit of freight

Schedule 2Fees and charges payable by persons requesting certificate of release

Regulation 5

Item	Matter	Fee (Fee units)
1.	Examination of documents or examination, treatment or dealing with prescribed matter under the Act –
(a) within working hours	12 per quarter-hour or part quarter-hour, for each inspector
(b) outside working hours, and –
(i) within overtime hours, on a –
weekday or Saturday	18 per quarter-hour or part quarter-hour, for each inspector
Sunday, public holiday or bank holiday	24 per quarter-hour or part quarter-hour, for each inspector
(ii) within penalty hours on any day –
for an examination lasting 4 hours or less	384 for each inspector
for an examination lasting more than 4 hours	384 plus 24 per quarter-hour or part quarter-hour in excess of 4 hours, for each inspector

Schedule 3Fees and charges payable for applications under Act

Regulation 6

Item	Matter	Fee (Fee units)
1.	Application for permit under section 19 or 26 of the Act	45
2.	Application for declaration of approved quarantine place under section 71of the Act	135
3.	If an application under item 1 or 2 involves an examination of documents, prescribed matter or premises under the Act, in addition to the fee in that item, the fee for an examination set out in item 1 of Schedule 1

Schedule 4Offences under Act

Regulation 8

Column 1 Section of Act	Column 2 General description of offence	Column 3 Penalty units
14	Failing to notify List B pest or disease	In case of –
(a) body corporate – 10
(b) natural person – 5
15	Failing to notify new or unknown pest or disease	In case of –
(a) body corporate – 10
(b) natural person – 5
16	Possessing List A or List B pest or disease without written permission	In case of –
(a) body corporate – 10
(b) natural person – 5
22	Failing to comply with direction relating to quarantine area except in accordance with specified restriction or prohibition	In case of –
(a) body corporate – 10
(b) natural person – 5
27	Carrying out activity in infected area	In case of –
(a) body corporate – 10
(b) natural person – 5
28	Failing to comply with direction relating to infected area	In case of –
(a) body corporate – 10
(b) natural person – 5
31	Moving prescribed matter in or out of control area except in accordance with specified restriction or prohibition	In case of –
(a) body corporate – 10
(b) natural person – 5
32	Carrying out activity in control area except in accordance with specified restriction or prohibition	In case of –
(a) body corporate – 10
(b) natural person – 5
33(4)	Failing to comply with notice relating to control area	In case of –
(a) body corporate – 10
(b) natural person – 5
34(2)	Failing to comply with requirement relating to control area	In case of –
(a) body corporate – 5
(b) natural person – 3
37	Moving prescribed matter in or out of protected area except in accordance with specified restriction or prohibition or as authorised	In case of –
(a) body corporate – 10
(b) natural person – 5
39	Carrying out activity in protected area except in accordance with specified restriction or prohibition	In case of –
(a) body corporate – 10
(b) natural person – 5
47(3)	Failing to comply with condition of control agreement	In case of –
(a) body corporate – 10
(b) natural person – 5
56(2)	Failing to comply with direction of inspector	In case of –
(a) body corporate – 5
(b) natural person – 3
62(3)	Failing to comply with direction relating to assistance or facilities	In case of –
(a) body corporate – 5
(b) natural person – 2
63	Refusing to give proper name and address or giving false name and address	In case of –
(a) body corporate – 5
(b) natural person – 3
68(2)	Failing to comply with condition or restriction relating to importation	In case of –
(a) body corporate – 10
(b) natural person – 1
69	Importing, or allowing import of, List A or List B pest or disease	In case of –
(a) body corporate – 10
(b) natural person – 5
70(3)	Entering, leaving or taking things into or out of approved quarantine place without authority	In case of –
(a) body corporate – 10
(b) natural person – 5
72(2)	Removing, or allowing removal of, prescribed matter from approved quarantine place without authority	In case of –
(a) body corporate – 10
(b) natural person – 5
75(2)	Failing to comply with requirement to assist	In case of –
(a) body corporate – 10
(b) natural person – 5
100(2)	Failing to stop vehicle or keep vehicle stationary	In case of –
(a) body corporate – 10
(b) natural person – 5
100(3)	Damaging, defacing, removing or interfering with sign	In case of –
(a) body corporate – 10
(b) natural person – 5
101	Moving, destroying or interfering with trap or equipment	In case of –
(a) body corporate – 10
(b) natural person – 5
103	Failing to comply with requirement relating to records	In case of –
(a) body corporate – 10
(b) natural person – 5

Schedule 5Legislation rescinded

Regulation 9

Plant Quarantine Regulations 1998 (No. 87 of 1998)

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 4 July 2007

These regulations are administered in the Department of Primary Industries and Water.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations –

(a) prescribe the fees and charges payable under the Plant Quarantine Act 1997 ; and (b) prescribe the offences under that Act in respect of which infringement notices may be issued; and (c) prescribe the penalties payable in respect of those infringement notice offences; and (d) rescind the Plant Quarantine Regulations 1998 .