Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 3(1) def. of accredited person amended by No. 22/2022 s. 145(b).
"accredited person" means a person accredited to issue assurance certificates—
(a) under section 48; or
(b) by an officer or authority of a State or Territory administering a corresponding law;
"agricultural equipment" means any equipment used for the culture, harvesting, packing or processing of any plant or plant product and includes any vehicle;
"approved inspection service" means an inspection service for the time being approved under section 65;
S. 3(1) def. of assurance certificate substituted by No. 40/2019 s. 79(1).
"assurance certificate" means a certificate issued by an accredited person;
"contain", in relation to a pest or disease of plants or plant products, means to restrict the spread of the pest or disease;
"control", in relation to a pest or disease of plants or plant products, means to reduce the occurrence of the pest or disease;
"corresponding law" means an Act of another State or Territory that corresponds with this Act;
S. 3(1) def. of Department inserted by No. 22/2022 s. 145(a), amended by No. 1/2024 s. 81.
"Department" means Department of Energy, Environment and Climate Action;
"disease" means—
(a) any disease of plants or plant products caused by any bacterium, fungus, protozoa, phytoplasma, virus, viroid or other organism which is declared by Ministerial Order or by Order in Council to be a disease; or
(b) an exotic disease;
"earth material "means soil, gravel, sand or rocks;
"eradication" means the reduction of a pest or disease to a level where it can no longer be detected;
"examination" includes any analysis or test or any combination of analyses or tests;
"exotic disease" means any disease of plants or plant products which is declared by Ministerial Order or by Order in Council to be an exotic disease;
"exotic pest" means any pest which is declared by Ministerial Order or by Order in Council to be an exotic pest;
"infected place" means a place declared under Part 3 to be an infected place for the containment, control or eradication of an exotic pest or disease;
"inspection agent" means a principal or an employee of an approved inspection service;
S. 3(1) def. of inspector substituted by No. 22/2022 s. 145(c).
"inspector" means a person appointed under section 61 or authorised under section 62;
"kind", in relation to plants, means plants of the same botanical species;
"label" includes any tag or sticker;
"Ministerial Order" means an order made under section 6 ;
"occupier", in relation to land, means any person or body in occupation or possession or having the control or management of land and includes any joint occupier;
"officer"—
(a) in relation to a body corporate which is a corporation within the meaning of the Corporations Act, has the same meaning as officer of a corporation has in section 9 of that Act; and
(b) in relation to a body corporate which is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned in or takes part in the management of the body corporate or an employee of the body corporate;
"Order in Council" means an order made under section 5 ;
"owner", in relation to land, includes—
(a) any person or body holding or occupying land under lease or licence from the Crown or deriving title from, under or through that person or body;
(b) any mortgagee of land in possession of the land;
(c) any joint owner and agent of the owner;
"owner", in relation to any plant or plant product, except in sections 97, 99, 100, 101 and 102, includes part-owner, consignor, agent and any person for the time being in charge of the plant or plant product;
"package" includes—
(a) anything in or by which a plant or plant product is contained, wrapped or packed; and
(b) bulk containers;
"pest" means—
(a) any centipede, eelworm, insect, millipede, mite, scorpion, slug, snail, spider or invertebrate animal declared by Order in Council to be a pest; or
(b) an exotic pest;
"place" includes any land, road, structure and premises;
"plant" means any member of the vegetable kingdom and includes any tree, vegetable, vine and edible fungi but does not include any plant product;
S. 3(1) def. of plant health certificate substituted by No. 22/2022 s. 145(d).
"plant health certificate" means a certificate—
(a) issued by an inspector or inspection agent; or
(b) issued by an officer of a department responsible for the agriculture of another State or Territory;
S. 3(1) def. of plant health declaration substituted by No. 22/2022 s. 145(e).
"plant health declaration" means a declaration—
(a) issued by a person authorised under section 47A; or
(b) issued by a person authorised under a corresponding law to issue a plant health declaration or equivalent;
S. 3(1) def. of plant product substituted by No. 40/2019 s. 79(2).
"plant product" means the whole or part of any flower, fruit, nut, seed, leaf, bulb, corm, tuber or stem, that has been separated from a plant and includes—
(a) dried plant material; and
(b) timber that has been sawn or dressed; and
(c) the juice of a plant;
"plant vector", in relation to an exotic pest or disease, means any livestock or livestock product within the meaning of the Livestock Disease Control Act 1994 that is a vector of the exotic pest or disease;
"point of entry", in relation to a place, means any gate, driveway or path by which a person or vehicle may be expected to enter the place;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 125.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
s. 3(1) def. of prescribed owner inserted by No. 54/2013 s. 3.
"prescribed owner" means—
(a) in relation to land that has been alienated in fee by the Crown and is under the operation of the Transfer of Land Act 1958 (other than land in an identified folio under that Act)—the person who is registered or entitled to be registered as proprietor, or the persons who are registered or entitled to be registered as proprietors, of an estate in fee simple in the land;
(b) in relation to land that has been alienated in fee by the Crown and is land in an identified folio under the Transfer of Land Act 1958 or land not under the Transfer of Land Act 1958 —the person who is the owner, or the persons who are the owners, of the fee or equity of redemption;
"property identification code" means a code issued by the Secretary in relation to a property under section 15 or a property identification code issued under section 9B of the Livestock Disease Control Act 1994 ;
"recording "includes an audio or video recording;
"restricted area" means a place declared under Part 3 to be a restricted area for the containment, control or eradication of an exotic pest or disease;
S. 3(1) def. of Secretary amended by No. 70/2013 s. 4(Sch. 2 item 37.1), substituted by No. 22/2022 s. 145(f).
"Secretary" means Secretary to the Department;
"seeds" includes any seeds to which or to clusters of which any fruit normally adheres, any seeds in pods or burrs normally used in agricultural practice and any seeds artificially encased;
"sell" includes barter or exchange, agreeing to sell, offering or exposing for sale or having in possession for sale or sending, forwarding, delivering or receiving for or on sale and authorising, directing, causing, suffering, permitting or attempting those things;
"this Act" includes regulations made under this Act;
"used equipment "means any—
(a) used agricultural equipment; or
(b) used roadwork equipment; or
(c) used earthmoving equipment;
"used package" means any package which contains or is known to have contained or may reasonably be suspected of containing or having contained any plant or plant product;
"variety", in relation to plants, means a plant or population of plants recognisable by agronomic, biochemical, morphological or other characters as being distinct from other plants or populations of plants of the same botanical species;
"vehicle" includes aircraft or vessel.
(2) In this Act any reference to a plant, fruit, vegetable or nut includes a reference to all or any part of a plant, fruit, vegetable or nut.