Victorian Current Acts

PLANT BIOSECURITY ACT 2010 - SECT 105

If an inspector proposes to take a sample of a plant or plant product, the inspector must—

S. 105(a) amended by No. 40/2019 s. 82(a).

        (a)     pay or tender to the owner the current market value of the sample unless the market value is negligible, in which case the inspector must give a receipt to the owner for the sample; and

        (b)     if the plants or plant products are kept for retail sale in an unopened package, buy the whole package unless a sample can be removed in a manner which leaves the package fit for sale without relabelling or repacking; and

S. 105(c) substituted by No. 40/2019 s. 82(b).

        (c)         if practicable, prior to taking the sample, advise the owner or the person having the charge of the plants or plant products that the sample is detained for the purpose of examination; and

S. 105(d) amended by No. 40/2019 s. 82(c).

        (d)     if practicable, divide the sample into 3 parts and give 1 part to the owner and retain 1 part for examination and 1 part untouched for future comparison.