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Plant Biosecurity Amendment Bill 2013
Introduction Print
EXPLANATORY MEMORANDUM
General
The Bill amends the Plant Biosecurity Act 2010 to provide for certain debts
due to the State under that Act to be a charge on land.
The Bill provides the Minister for Agriculture and Food Security with a
discretion to issue a notice in respect of land which has been the subject of
action under the Act to treat, manage or alleviate a biosecurity risk where
there are unpaid debts relating to the action. If the debt remains unpaid after
the due date for payment specified in the notice, the debt will be a first charge
on the land to which the notice relates.
Clause Notes
Clause 1 sets out the main purposes of the Bill.
Clause 2 provides for the Bill to commence on the day after the day on
which it receives the Royal Assent.
Clause 3 sets out a definition of prescribed owner for inclusion in
section 3(1) of the Plant Biosecurity Act 2010.
Clause 4 provides for the amendment of section 25 of the Plant
Biosecurity Act 2010 by the insertion of subsection (5),
requiring a copy of an infested land notice to be given to the
prescribed owner of the land to which the notice relates unless
the prescribed owner has already been given notice under
section 25(1).
Clause 5 provides for the amendment of section 35 of the Plant
Biosecurity Act 2010 by the insertion of subsection (5),
requiring a copy of any inspector's direction under section 35(2)
that requires the owner or occupier of land to do anything in
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relation to the land, to be given to the prescribed owner of the
land to which the notice relates unless the prescribed owner has
already been given the direction under section 35(2).
Clause 6 provides for the amendment of section 58 of the Plant
Biosecurity Act 2010 by the insertion of subsections (4)
and (5), requiring a copy of the Minister's determination under
section 58(2) that relates to a failure of the owner or occupier of
land to comply with certain notices or directions to be given to
the prescribed owner of the land unless the prescribed owner has
already been given notice under section 58(3). The notices and
directions concerned relate to non-compliance with--
· a notice given by the Secretary under section 25 in
relation to the land; or
· an inspector's direction under section 35 that imposes a
requirement on the owner or occupier of land to do
anything in relation to the land.
Clause 7 inserts new sections 59A to 59D in the Plant Biosecurity Act
2010.
New section 59A(1) and (2) provides for a notice to be given to
the prescribed owner of land, in the circumstance where there is a
determination of the Minister under section 58 of the Plant
Biosecurity Act 2010 that arises from a failure by the owner or
occupier of the land to comply with a notice under section 25 of
that Act or a direction by an inspector under section 35 of that
Act in relation to the land. The notice under new section 59A
may be served if the debt the subject of the determination under
section 58 remains unpaid after 7 days from the expiry of the
time for appeal or the confirmation of the determination by
VCAT.
New section 59A(3) prescribes the matters to be included in a
notice under subsection (2). The notice must contain the address
of the land and other specified details identifying the land,
information as to any notices or directions which have not been
complied with by the owner or occupier of the land, the amount
of the debt, and the due date for payment which must not be less
than 30 days after the date of the notice. The notice must specify
that a charge on the land, or notice of the charge, will be recorded
under section 59C if the amount owing is not paid by the due
date.
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New section 59A(4) provides for deemed service of the notice
required under section 59A(2) where service under section 126 of
the Plant Biosecurity Act 2010 is not practicable.
New section 59A(5) provides for a copy of the notice required
under section 59A(2) to be sent to the person to whom the
relevant determination applied if that person is other than the
person to whom the notice was given.
New section 59B provides for the establishment of a first charge
on the land in respect of which a notice has been served under
section 59A where the amount owing has not been paid by the
due date.
New section 59C provides for the process for the recording in the
Register of land of the charge on land under section 59B, or
notice of the charge, and the removal of the charge when the debt
is paid.
New section 59D requires the Secretary to provide a certificate
which states the amount due under section 58 and that the charge
will not secure any amount in excess of the amount set out in the
certificate.
Clause 8 inserts a new section 144, a transitional provision, into the Plant
Biosecurity Act 2010. The provision confirms that new
sections 59A to 59D will apply to the recovery of costs incurred
under section 58(1) on or after 1 July 2013. The new sections
will apply even though the prescribed owner may not have
received a copy of the notice under section 25(5) or direction
under section 35(5), or a copy of the determination under
section 58(1). However in accordance with the provisions, the
prescribed owner will be served with a notice to charge and have
30 days to arrange payment of the debt before the charge is
created.
Clause 9 provides for the automatic repeal of the amending Act on the first
anniversary of its commencement.
The repeal of this Act does not affect in any way the continuing
operation of the amendments made by this Act (see section 15(1)
of the Interpretation of Legislation Act 1984).
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