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PLANT BIOSECURITY ACT 2010 - NOTES

Version No. 010

No. 60 of 2010
Version incorporating amendments as at
22 April 2024

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Version No. 010

Plant Biosecurity Act 2010

No. 60 of 2010
Version incorporating amendments as at
22 April 2024

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

    Minister's second reading speech—

    Legislative Assembly: 28 July 2010

    Legislative Council: 12 August 2010

    The long title for the Bill for this Act was "A Bill for an Act to re-enact with amendments the laws relating to plant pest and disease control and plant product description, to repeal the Plant Health and Plant Products Act 1995 and for other purposes."

        Constitution Act 1975:

    Section 85(5) statement:

    Legislative Assembly: 28 July 2010

    Legislative Council: 12 August 2010

    Absolute majorities:

    Legislative Assembly: 12 August 2010

    Legislative Council: 2 September 2010

The Plant Biosecurity Act 2010 was assented to on 14 September 2010 and came into operation on 1 July 2012: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Plant Biosecurity Act 2010 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:

18.12.12

Commencement Date:

S. 295 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2

Current State:

This information relates only to the provision/s amending the Plant Biosecurity Act 2010

Plant Biosecurity Amendment Act 2013, No. 54/2013

Assent Date:

24.9.13

Commencement Date:

Ss 38 on 25.9.13: s. 2

Current State:

This information relates only to the provision/s amending the Plant Biosecurity Act 2010

Statute Law Revision Act 2013, No. 70/2013

Assent Date:

19.11.13

Commencement Date:

S. 4(Sch. 2 item 37) on 1.12.13: s. 2(1)

Current State:

This information relates only to the provision/s amending the Plant Biosecurity Act 2010

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:

3.6.14

Commencement Date:

S. 10(Sch. item 125) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2

Current State:

This information relates only to the provision/s amending the Plant Biosecurity Act 2010

Primary Industries Legislation Amendment Act 2014, No. 71/2014

Assent Date:

30.9.14

Commencement Date:

Ss 3947 on 1.7.15: s. 2(3)

Current State:

This information relates only to the provision/s amending the Plant Biosecurity Act 2010

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:

27.2.18

Commencement Date:

S. 68(Sch. 2 item 96) on 1.3.19: s. 2(2)

Current State:

This information relates only to the provision/s amending the Plant Biosecurity Act 2010

Primary Industries Legislation Amendment Act 2019, No. 40/2019

Assent Date:

6.11.19

Commencement Date:

Ss 7983 on 1.2.20: s. 2(2)

Current State:

This information relates only to the provision/s amending the Plant Biosecurity Act 2010

Agriculture Legislation Amendment Act 2022, No. 22/2022

Assent Date:

15.6.22

Commencement Date:

Ss 145–164 on 5.4.23: s. 2(2)

Current State:

This information relates only to the provision/s amending the Plant Biosecurity Act 2010

Biosecurity Legislation Amendment (Incident Response) Act 2024, No. 1/2024

Assent Date:

13.2.24

Commencement Date:

Ss 6089 on 22.4.24: Special Gazette (No. 182) 16.4.24 p. 1

Current State:

This information relates only to the provision/s amending the Plant Biosecurity Act 2010

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Explanatory details

No entries at date of publication.



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