Victorian Current Acts

PLANT BIOSECURITY ACT 2010

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Binding of Crown  
   5.      Orders in Council  
   6.      Ministerial orders  

   PART 2--PLANT PEST AND DISEASE CONTROL

           Division 1--General controls

   7.      Definition  
   8.      Importation of prescribed material  
   9.      Possession of prescribed material  
   10.     Introduction of plants and plant products  
   11.     Assurance certificates  
   12.     Plant health certificates  
   13.     Plant health declarations  
   14.     No offence by reason only of transporting from a prescribed State or Territory  
   15.     Property identification code  
   16.     Consent by Minister  
   17.     Notification of plant pests or diseases  
   18.     Prohibition on sale of diseased plants etc.  

           Division 2--Control areas

   19.     Declaration of control areas  
   20.     Restrictions on movement of material into or from control area  
   21.     Permits for movement of material into or from control area—specified person  
   21A.    Permits for movement of material into or from control area—specified class of person  

           Division 3--Control measures

   22.     Destruction or disposal of plants etc. at direction of Minister  
   23.     Return, treatment or disposal of plants etc. at direction of inspector  
   24.     Treatment or disposal of diseased plants etc.  
   25.     Infested land notice  
   26.     Control notices  
   27.     Disposal of plant refuse etc.  

   PART 3--EXOTIC PESTS AND DISEASES

           Division 1--Preliminary

   28.     Application of this Part to land  
   29.     Application of this Part to plants etc.  

           Division 2--Declared areas

   30.     Declaration of infected place  
   31.     Notice of order declaring infected place  
   32.     Declaration of restricted area  
   33.     Movement in restricted area  
   34.     Permits for activity in restricted area—specified person  
   34A.    Permits for activity in restricted area—specified class of person  
   35.     Further powers under orders  

           Division 3--Importation orders

   36.     Border security  
   37.     Plant health certificate, assurance certificate or plant health declaration  
   38.     Contravention of importation order  
   39.     Notification of importation order  
   40.     Duration of importation order  

           Division 4--Special provisions

   41.     Possession or administration of exotic disease agents  
   42.     Certificates relating to exotic pest or disease  

           Division 5--Testing

   43.     Testing for exotic pests or diseases  

   PART 4--PLANTS AND PLANT PRODUCTS

   44.     Application  
   45.     Packages to be sound and clean  
   46.     Marking or labelling where produce grown  

   PART 5--COMPLIANCE AGREEMENTS, AUTHORISATION AND ACCREDITATION

   47.     Compliance agreements  
   47A.    Authorisation of persons to issue plant health declarations  
   48.     Accreditation  
   49.     Register  
   50.     Amendment and cancellation  
   51.     Suspension  
   52.     Grounds for cancellation or suspension  

   PART 6--ADMINISTRATION

           Division 1--General

   53.     Delegations by Minister  
   54.     Delegations by Secretary  
   55.     Fees and charges  
   56.     When and how the power to fix fees or charges may be exercised  
   57.     Requirements for orders etc. under Part 2  
   58.     Non-compliance under order  
   59.     Review of Minister's determination on costs  
   59A.    Notice of debt to be served on prescribed owner of land  
   59B.    Amounts owing to be a charge on the land  
   59C.    Recording of charge  
   59D.    Certificate of Secretary  

           Division 2--Review of decisions

   60.     Review of decisions  

   PART 7--ENFORCEMENT

           Division 1--Inspectors

   61.     Inspectors  
   62.     Secretary may authorise other persons to be inspectors  
   63.     Inspector's identification certificates  

           Division 2--Approved inspection services

   64.     Approved inspection services  
   65.     Secretary may approve inspection services with conditions  
   66.     Agreements relating to approved inspection services  
   67.     Matters an agreement for inspection services may cover  
   68.     Withdrawal of approval of inspection service  
   69.     Approved inspection services and employed or appointed inspectors  
   70.     Powers of inspection agents  
   71.     Identification of inspection agents of approved inspection services  
   72.     Fees  
   73.     Application of FOI  

           Division 3--General powers of inspectors

   75.     Purpose of exercise of powers  
   76.     Power to enter and inspect premises  
   77.     Power to stop and inspect vehicles  
   78.     Power to require information  
   79.     Powers regarding production of documents  
   80.     Powers to inspect  
   81.     Power to take samples  
   82.     Power to take photographs, etc.  
   83.     Power to attach warnings  

           Division 4--Further powers of inspectors

   84.     Inspector may use assistants  
   85.     Inspector must reseal inspected packages  
   86.     Use of electronic equipment at premises  
   87.     Copying information on electronic storage devices  
   88.     Use only if no damage to equipment  
   89.     Application for search warrants  
   90.     Application for warrants for access to residences  
   91.     Information to be included in a search warrant  
   92.     Announcement before entry  
   93.     Details of warrant to be given to occupier  
   94.     Seizure of evidence not mentioned in the warrant  
   95.     Copies of seized documents  
   96.     Powers of detention and seizure  
   97.     Inspector must give notice of detention or seizure  
   98.     Offence to remove detained or seized items without authority  
   99.     Return of detained or seized items after examination  
   100.    Retention of detained or seized items after examination  
   101.    Secretary to provide directions  
   102.    Compliance with directions  
   103.    Power to take legal proceedings not affected  
   104.    Inspector's powers of detention  
   105.    Procedures on taking samples  
   106.    Retention and return of seized documents or other things  
   107.    Magistrates' Court may extend 3 month period  
   108.    Power to enter private property to lay baits etc.  
   109.    Road barriers  
   110.    Signs regarding road barriers or inspectors  
   111.    Inspector may stop vehicles at road barriers  
   112.    Inspector may require access to ratepayer details  

           Division 5--Additional powers of inspectors for exotic pests and diseases

   113.    Search and entry powers  
   114.    Power to stop and search vehicles  
   115.    Power to stop movement of material  
   116.    Power to remove material  
   117.    Power to obtain information  
   118.    No privilege against self-incrimination  

           Division 6--Infringement notices

   119.    Power to serve a notice  
   120.    Penalties to be paid for offences under infringement notices  

           Division 7--Power to accept undertakings relating to contraventions

   121.    Secretary may accept undertakings  
   122.    Enforcement of undertakings  
   123.    Copy of undertaking  

           Division 8--Provisions related to court proceedings

   124.    Power to file charges under this Act  
   125.    Extension of time  
   126.    Service of documents  
   127.    Offences by bodies corporate  
   128.    Conduct by officers, employees or agents of a body corporate  
   129.    Deemed proof with regard to samples  
   130.    Adverse publicity orders  

           Division 9--General

   131.    Evidence of certain matters  
   132.    Offences relating to enforcement  
   133.    Offences about certification  
   133A.   Offences about authorisation  
   134.    False statements in certificates and declarations  
   135.    Alterations to certificates and declarations  
   136.    Release of information  

   PART 8--GENERAL

   137.    No appeal or review of decisions under section 42  
   138.    Protection of court actions  
   139.    Supreme Court—limitation of jurisdiction  
   140.    Power to approve forms  
   141.    Regulations  

   PART 9--REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS

   142.    Repeal of Plant Health and Plant Products Act 1995  
   143.    Transitional and savings provisions  
   144.    Transitional provision—Plant Biosecurity Amendment Act 2013  
           ENDNOTES