Victorian Current Acts

PLANT BIOSECURITY ACT 2010 - SECT 23

S. 23(1) substituted by No. 71/2014 s. 45.

    (1)     This section applies if any plant, plant product, plant vector, used package, used equipment, earth material or beehive is—

        (a)     introduced into Victoria; or

        (b)     introduced into a control area declared by the Governor in Council under section 19; or

        (c)     introduced into an infected place or restricted area; or

        (d)     sent from a control area declared by the Governor in Council under section 19 into another part of Victoria; or

        (e)     sent from an infected place or restricted area—

contrary to any provision of this Act or an order made under this Act.

    (2)         An inspector may, by direction in writing given to the owner or person apparently in charge of the plant, plant product, plant vector, used package, used equipment, earth material or beehive, require that owner or person to do one of the following in accordance with the requirements of the direction—

        (a)     return the plant, plant product, plant vector, used package, used equipment, earth material or beehive to the consignor;

        (b)     treat the plant, plant product, plant vector, used package, used equipment, earth material or beehive;

        (c)     dispose of the plant, plant product, plant vector, used package, used equipment, earth material or beehive.

    (3)     A person who has been given a direction in writing under subsection (2) must—

        (a)     return the plant, plant product, plant vector, used package, used equipment, earth material or beehive to the consignor in accordance with the requirements of the direction; or

        (b)     treat or dispose of the plant, plant product, plant vector, used package, used equipment, earth material or beehive in accordance with the requirements of the direction.

Penalty:     60 penalty units.