Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(1) In this Act:
Note 1 A definition applies except so far as the contrary intention appears (see Legislation Act 2001 , s 155).
Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001 , s 104).
"approved insecticide", in relation to a pest, means a preparation declared by the Minister under section 6A to be an approved insecticide in relation to that pest.
"disease", in relation to plants, means a disease, pest, virus or condition declared, in writing, by the Minister to be a disease, and includes any such disease at any stage of its development.
"fruit"—
(a) means the edible fructification of any plant, and a plant or plant product declared, in writing, by the Minister to be a fruit; and
(b) includes all or any part of the seed, nut, skin, peel or shell of any such fruit.
"goods" includes all kinds of movable property.
"infected" means infected with disease, insect or pest.
"inspector" means an inspector under section 6B.
"insect"—
(a) means—
(i) any form of animal life, within the biological classification Insecta, having a segmented body and paired jointed appendages (including, for example, an ant, bee, beetle, bug, butterfly, earwig, flea, fly, gnat, grasshopper, leaf-hopper, louse, locust, scale insect, termite or thrip); or
(ii) any form of animal life, within the biological classification Arachnida (including, for example, a spider, mite or tick); or
(iii) any other animal species declared, in writing, by the Minister to be an insect; and
(b) includes any such insect in any stage of development.
"nursery" means any land, place or premises, and includes a bushhouse, glasshouse or garden of any kind on or in which plants are grown for the purpose of sale or disposal in their living stage.
"occupier" in relation to any plantation, place or premises, means the person in actual occupation or, if there is no such person, the lessee, licensee, tenant or person having the charge, control, management or use of it.
"orchard" means any place where fruit producing plants are grown.
"owner", in relation to any plantation, place or premises, means the person entitled to the possession of it.
"package" includes every means by which plants or goods are cased, covered, enclosed, contained or packed for carriage, storage, sale or any other purpose.
"pest" means any member of the animal or plant kingdom declared, in writing, by the Minister to be a pest, and includes any such pest in any stage of development.
"plant" means any member or part of any member of the plant kingdom.
"plantation" means any land, place or premises, and includes an orchard, nursery, bushhouse, glasshouse or garden of any kind on or in which any plant is grown.
"sell" includes barter or exchange, and offer or attempt to sell or receive, have in possession, expose, send, forward or deliver for sale, or cause, suffer, permit or allow to be sold or offered or exposed for sale.
"vegetables"—
(a) means—
(i) asparagus, beetroot, cauliflowers, celery, chillies, cucumber, pumpkins, rhubarb, squashes, marrows, tomatoes and potatoes; or
(ii) the edible parts of herbaceous or other plants commonly used for food; or
(iii) a plant or plant product declared, in writing, by the Minister to be a vegetable; and
(b) includes all or any part of the seed, skin, peel or shell of any such vegetable.
(2) In this Act, quarantine has relation to measures for the inspection, exclusion, detention, observation, segregation, isolation, protection, treatment, sanitary regulation and disinfection of goods, soil or plants, having as their object the prevention of the introduction or spread of pests or diseases affecting plants.
(3) A declaration under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001 .