Untitled document

Plant Health and Plant Products (Amendment) Act

2000

Act No. 62/2000

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	New purposes	2
4.	Definitions	2
5.	Importation requirements	3
6.	Import orders may require certificate or declaration	6
7.	Reconditioning of used packages	8
8.	Amendment of Part 6 heading	8
PART 6—COMPLIANCE AGREEMENTS AND
ACCREDITATION".	8
9.	New sections 43A to 43D inserted	8

43A.	Accreditation	8
43B.	Register	9
43C.	Amendment and cancellation	9
43D.	Suspension	10

10.	Approved inspection services	11
11.	Inspection powers	11
12.	New sections 52A to 52E inserted	11

52A.	Search warrants	11
52B.	Announcement before entry	13
52C.	Details of warrant to be given to occupier	13
52D.	Seizure of documents not mentioned in the warrant	14
52E.	Copies of seized documents	14

13. New sections 71A to 71D inserted 15

71A.	Offences about certification	15
71B.	False statement in certificates and declarations	15
71C.	Alterations to certificates and declarations	15
71D.	Release of information	17

14. Amendment of regulation-making powers 17

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ENDNOTES 19

i

Victoria

No. 62 of 2000

Plant Health and Plant Products

(Amendment) Act 2000†

[Assented to 8 November 2000]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to make miscellaneous amendments to the Plant Health and Plant Products Act 1995.

2. Commencement

(1) Subject to sub-section (2), this Act comes into

operation on a day or days to be proclaimed.

Plant Health and Plant Products (Amendment) Act 2000

s. 3 Act No. 62/2000

(2) If a provision referred to in sub-section (1) does not come into operation before 30 June 2002, it comes into operation on that day.

3. New purposes

See:

Act No.	In section 1 of the Plant Health and Plant
51/1995.	Products Act 1995, after paragraph (b) insert—
Reprint No. 1
as at	"(ba) facilitate the movement of plants, plant
8 August 1997
and	products, used packages, used agricultural
amending	equipment and soil within and into and out
Acts Nos
26/1998,	of Victoria;".
46/1998, 52/1998 and 83/1998. LawToday: dpc.vic. gov.au.

4. Definitions

(1) In section 3(1) of the Plant Health and Plant

Products Act 1995, insert the following
definitions—

' "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;

"assurance certificate" means a certificate

issued by an accredited person;

"corresponding law" means the Act of another State or Territory that corresponds with this Act;'.

(2) In section 3(1) of the Plant Health and Plant Products Act 1995, in the definitions of "plant health certificate" and "plant health declaration"

Plant Health and Plant Products (Amendment) Act 2000

Act No. 62/2000 s. 5

for "prescribed form" substitute "form approved

by the Secretary".

5. Importation requirements

(1) In section 6(1) of the Plant Health and Plant

Products Act 1995, for paragraph (c)
substitute—
"(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;".

(2) In section 6(1A) of the Plant Health and Plant

Products Act 1995, for "section 6(1)(c)" substitute "sub-section (1)(c)".

(3) After section 6(2) of the Plant Health and Plant Products Act 1995 insert—

"(2A) An assurance certificate that is required

under sub-section (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 material; and

(iii)  the quantity, type, origin and destination of the prescribed material; and

Plant Health and Plant Products (Amendment) Act 2000

s. 5

Act No. 62/2000

(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 sub-section (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 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

Plant Health and Plant Products (Amendment) Act 2000

Act No. 62/2000 s. 5

(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 sub-section (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 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.".

Plant Health and Plant Products (Amendment) Act 2000

s. 6 Act No. 62/2000

6. Import orders may require certificate or declaration

(1) In section 24(2) of the Plant Health and Plant

Products Act 1995, for paragraph (c)
substitute—
"(c) may require the plants, plant products, used

agricultural equipment, used packages, soil, bees, honey, beeswax, honeycomb, beehives or pollen 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, used
packages, soil, bees, honey,
beeswax, honeycomb, beehives or
pollen is being delivered; and

(B) the grower or packer and the consignor of the plants, plant products, used agricultural

equipment, used packages, soil,
bees, honey, beeswax,
honeycomb, beehives or pollen;
and

(C) the quantity, type, origin and

destination of the plants, plant
products, used agricultural
equipment, used packages, soil,
bees, honey, beeswax,
honeycomb, beehives or pollen;
and

(ii)

states that the plants, plant products, packages, soil, bees, honey, beeswax,

Plant Health and Plant Products (Amendment) Act 2000

Act No. 62/2000	s. 6
honeycomb, beehives or pollen have been treated or tested in accordance with the requirements of the order; and

(iii)  provides a description of the treatment or tests.".

(2) After section 24(2) of the Plant Health and Plant

Products Act 1995, insert—
"(3) Without limiting sub-section (1), an order

may, in relation to a requirement for a plant health declaration under sub-section (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) agricultural equipment, used package,
soil, bees, honey, beeswax, honeycomb,
beehives or pollen or class of plant,
plant product, used agricultural
equipment, used package, soil, bees,

the plant, plant product, used or pollen;

(b) the plant, plant product, used
agricultural equipment, used package,
soil, bees, honey, beeswax, honeycomb,

the area or the class of area in which 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.".

Plant Health and Plant Products (Amendment) Act 2000

s. 7 Act No. 62/2000

7. Reconditioning of used packages

In section 34(1)(b) of the Plant Health and Plant
Products Act 1995, in sub-paragraph (ii), after
"reconditioned" insert "in accordance with the

regulations.".

8. Amendment of Part 6 heading

For the heading to Part 6 of the Plant Health and

Plant Products Act 1995, substitute—

"PART 6—COMPLIANCE AGREEMENTS AND

ACCREDITATION".

9. New sections 43A to 43D inserted

After section 43 of the Plant Health and Plant

Products Act 1995 insert—

"43A. Accreditation

(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.

Plant Health and Plant Products (Amendment) Act 2000

Act No. 62/2000 s. 9

(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.

43B. Register

(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.

43C. Amendment 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 take the proposed action the Secretary may

Plant Health and Plant Products (Amendment) Act 2000

s. 9 Act No. 62/2000

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.

43D. Suspension

(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 sub-section

(1)(b), the Secretary may—

(a) exists to suspend the accreditation,
suspend the accreditation for such

if the Secretary still considers a ground or

(b) in any other case, cancel the suspension.

Plant Health and Plant Products (Amendment) Act 2000

Act No. 62/2000 s. 10

(3) A decision under sub-section (2) must be made within 21 days of the appeal by the accredited person.".

10. Approved inspection services

In section 51A(1) of the Plant Health and Plant Products Act 1995, after paragraph (e) insert— "(f) to provide services for the monitoring,

examination, investigation and inspection of
accredited persons and the operating

procedures of those persons.".

11. Inspection powers

In section 52(1)(a) of the Plant Health and Plant
Products Act 1995, after "propagation," insert

"growing,".

12. New sections 52A to 52E inserted

After section 52 of the Plant Health and Plant

Products Act 1995 insert—

"52A. Search warrants

(1) An inspector, with the written approval of

the Secretary, may apply to a magistrate for
the issue of a search warrant in relation to
particular premises, if the inspector believes
on reasonable grounds that there is on the
premises any documentary evidence that a
person or persons may have contravened this
Act.

(2) If a magistrate is satisfied, by the evidence, on oath or by affidavit, of the inspector that there are reasonable grounds to believe that there is a document of a particular kind

connected with a contravention of this Act
on any premises, the magistrate may issue a
search warrant, in accordance with the
Magistrates' Court Act 1989, authorising

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s. 12 Act No. 62/2000

an inspector named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with

any necessary equipment—

(a) to enter the premises specified in the warrant, if necessary by force; and

(b) to do all or any of the following—

(i) search for;
(ii) seize;
(iii) secure against interference;
(iv) examine;

(v)  inspect and make copies of, or take extracts from—

a document of a particular kind named or described in the warrant and which the inspector believes, on reasonable grounds, to be connected with the

alleged contravention.

(3) A search warrant issued under this section

must state—

(a)	the purpose for which the search is required and the nature of the alleged contravention; and
(b)	any conditions to which the warrant is subject; and
(c)	whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
(d)	a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

Plant Health and Plant Products (Amendment) Act 2000

Act No. 62/2000 s. 12

(4) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989

extend and apply to warrants under this

section.

52B. Announcement before entry

(1) On executing a search warrant, the inspector executing the warrant—

(a)	must announce that he or she is authorised by the warrant to enter the premises; and
(b)	if the inspector has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.

(2) An inspector need not comply with sub-

section (1) if he or she believes, on
reasonable grounds, that immediate entry to

the premises is required to ensure—

(a) the safety of any person; or

(b) that the effective execution of the search warrant is not frustrated.

52C. Details of warrant to be given to occupier

(1) If the occupier is present at premises where a

search warrant is being executed, the
inspector must—

(a)	identify himself or herself to the occupier; and
(b)	give to the occupier a copy of the warrant.

(2) If the occupier is not present at premises

where a search warrant is being executed, the
inspector must—

Plant Health and Plant Products (Amendment) Act 2000

s. 12 Act No. 62/2000

(a)	identify himself or herself to any person at the premises; and
(b)	give to the person a copy of the warrant.

52D. Seizure of documents not mentioned in the

warrant

A search warrant under section 52A authorises an inspector executing the search warrant, in addition to the seizure of any document of the kind described in the warrant, to seize or take any document which is not of the kind described in the warrant if—

(a)	the inspector believes, on reasonable grounds, that the document is of a kind which could have been included in a search warrant issued under this Part; and
(b)	in the case of seizure, the inspector believes, on reasonable grounds, that it is necessary to seize that document in order to prevent its concealment, loss or destruction or its use in the contravention of this Act.

52E. Copies of seized documents

(1) If an inspector retains possession of a

document seized from a person pursuant to a
search warrant under section 52A or seized
in accordance with section 52D, the
inspector must give the person, within 21
days of the seizure, a copy of the document

certified as correct by the inspector.

(2) A copy of a document certified under sub-

section (1) shall be received in all courts and

Plant Health and Plant Products (Amendment) Act 2000

Act No. 62/2000 s. 13

tribunals to be evidence of equal validity to

the original.".

13. New sections 71A to 71D inserted

After section 71 of the Plant Health and Plant

Products Act 1995 insert—

"71A. Offences about certification

A person who is not an accredited person must not—

(a) plant product, used agricultural
equipment, used package, soil, bees,
honey, beeswax, honeycomb, beehives

issue for, or in respect of, any plant, an assurance certificate; or

(b) use for the purposes of this Act anything that purports to be an assurance certificate.

Penalty: 30 penalty units.

71B. False 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.

71C. Alterations to certificates and declarations

Plant Health and Plant Products (Amendment) Act 2000

s. 13 Act No. 62/2000

(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

Plant Health and Plant Products (Amendment) Act 2000

Act No. 62/2000 s. 14

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.

71D. Release of information

A person employed under Part 3 of the Public Sector Management and Employment Act 1998 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.".

14. Amendment of regulation-making powers

(1) In section 72(1) of the Plant Health and Plant

Products Act 1995—

(a) after paragraph (b) insert— "(ba) prescribing requirements and

procedures for the reconditioning of
used packages;";

Plant Health and Plant Products (Amendment) Act 2000

s. 14 Act No. 62/2000

(b)

in paragraph (d), after "this Act" insert conditions, restrictions or limitations".

(2) After section 72(2) of the Plant Health and Plant

Products Act 1995, insert—

"(2A) Without limiting sub-sections (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.".

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Plant Health and Plant Products (Amendment) Act 2000

Act No. 62/2000 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 29 August 2000

Legislative Council: 4 October 2000

The long title for the Bill for this Act was "to make miscellaneous
amendments to the Plant Health and Plant Products Act 1995 and for
other purposes."