Western Australian Current Acts

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           Long Title

   PART 1 -- Preliminary  

   1.      Short title
   2.      Commencement
   3.      Objects of Act
   4.      Relationship with other Acts
   5.      Act binds the Crown
   6.      Terms used
   7.      Meaning of contaminated
   8.      Meaning of owner in relation to land
   9.      Meaning of animal feed
   10.     When organism is to be taken to be on land

   PART 2 -- Biosecurity

           Division 1 -- Permitted, prohibited and unlisted organisms  

   11.     Permitted organisms
   12.     Prohibited organisms
   13.     Consultation with other Ministers and Biosecurity Council
   14.     Term used: unlisted organism

           Division 2 -- Importing organisms into Western Australia  

   15.     Import restrictions
   16.     How to obtain import permit
   17.     Supply of unlawful import
   18.     Possession of unlawful import
   19.     Obligations of commercial passenger carrier
   20.     Obligation of commercial carrier
   21.     Reporting and presenting import

           Division 3 -- Biosecurity within Western Australia  

   22.     Declared pests
   23.     Dealing with declared pest
   24.     Introducing or supplying declared pest
   25.     Authorised dealing with declared pest
   26.     Duty to report declared pest
   27.     Pest exclusion notice
   28.     SAT review: pest exclusion notice
   29.     Compliance with pest exclusion notice
   30.     Duty to control declared pest
   31.     Pest control notice
   32.     Compliance with pest control notice
   33.     Apportionment of costs of controlling declared pests on land
   34.     SAT review: costs of controlling declared pests
   35.     Pest keeping notice
   36.     Director General review: pest control notice or pest keeping notice
   37.     SAT review: pest control notice or pest keeping notice
   38.     Remedial action by Director General
   39.     Power to control pests
   40.     Agreements to supply pest control materials
   41.     Public authority may assist owner or occupier to control declared pest
   42.     Department may carry out operational work

           Division 4 -- Urgent measures  

   43.     Director General may give directions for urgent measures to control declared pest
   44.     Director General may approve alternative measure or requirement

           Division 5 -- Management plans  

   45.     Management plans
   46.     Consultation with affected persons
   47.     Management plans are subject to disallowance

           Division 6 -- Biosecurity Council  

   48.     Biosecurity Council
   49.     Membership of Biosecurity Council
   50.     Functions of Biosecurity Council
   51.     Annual report

   PART 3 -- Residues on land, chemical products and adulteration

           Division 1 -- Residues on land  

   52.     Residue management notices
   53.     Duration of residue management notice
   54.     SAT review: residue management notices
   55.     Notification may be lodged with Registrar of Titles

           Division 2 -- Chemical products  

   56.     Dealing with chemical products
   57.     Dealing with things that are treated, or not treated, with chemical product or are contaminated
   58.     Certain agreements void

           Division 3 -- Adulteration of agricultural products or animal feed  

   59.     Terms used
   60.     Adulterating goods to cause public alarm or economic loss
   61.     Threatening to adulterate goods to cause public alarm or economic loss
   62.     Making false statements concerning adulteration of goods to cause public alarm or economic loss

   PART 4 -- Inspection and compliance

           Division 1 -- Preliminary  

   63.     Terms used

           Division 2 -- Inspection and other functions  

   64.     Purposes for which an inspection may be carried out
   65.     Entry and access to place or conveyance, and inspection powers
   66.     Obtaining records
   67.     Other directions

           Division 3 -- Entry warrants  

   68.     Applying for entry warrant
   69.     Applications, how they are to be made
   70.     Issuing an entry warrant
   71.     Effect of entry warrant
   72.     Report on entry and search

           Division 4 -- Seizure, treatment, destruction and recall powers  

   73.     Power to seize, treat or destroy
   74.     SAT review: seizure
   75.     SAT review: forfeiture
   76.     Power to direct that organism or potential carrier be moved for treatment
   77.     Power to direct person to treat, refrain from treating, destroy or dispose of thing
   78.     SAT review: section 77 direction
   79.     Treatment or destruction to prevent risk
   80.     SAT review: treatment or destruction notice
   81.     Provisions do not limit making of regulations
   82.      Inspector may direct removal of organism or potential carrier
   83.     SAT review: direction to remove from State
   84.     Recall of organism or substance
   85.     Notice may be published
   86.     SAT review: recall notice
   87.     Remedial action

           Division 5 -- General  

   88.     Time and place for compliance
   89.     Direction may be given orally or in writing
   90.     Exercise of power may be recorded
   91.     Use of force and assistance
   92.     Offences
   93.     Self-incriminating information

           Division 6 -- Remedial action by Director General  

   94.     Taking remedial action
   95.     Charge on land to secure cost of remedial action
   96.     Priority of charge
   97.     Dealing with certain charged land
   98.     Recovery of unpaid charge amount
   99.     Certificate of charge amount
   100.    Withdrawal of memorial

           Division 7 -- Registration of memorials and notices affecting land  

   101.    Approved form of memorials and notices
   102.    Exemption from stamp duty
   103.    Notice to mortgagees

   PART 5 -- Legal proceedings

           Division 1 -- Legal proceedings  

   104.    Prosecutions, who may commence
   105.    Time for bringing prosecution
   106.    Court’s power to make ancillary orders on conviction
   107.    Order as to costs of analysis
   108.    Penalties for continuing offences
   109.    Injunctions to ensure compliance with this Act

           Division 2 -- Responsibility of certain persons  

   110.    Liability of officers for offence by body corporate
   111.    Liability of principal for acts of agent
   112.    Liability of employer for offence of employee

           Division 3 -- Evidentiary provisions  

   113.    Term used: specified
   114.    Proof of exemptions
   115.    Evidence of place of offence
   116.    Evidence of seller or packer of container
   117.    Evidence of purpose or intent
   118.    Evidence of authorisation and enforcement matters
   119.    Evidence of scientific matters
   120.    Evidence of type or class of organism or thing
   121.    Documentary and signed evidence
   122.    Evidence of documents and service
   123.    Evidence of ownership or occupancy
   124.    Provisions are in addition to Evidence Act 1906

           Division 4 -- Modified penalties for certain offences  

   125.    Terms used
   126.    Infringement notices
   127.    Withdrawal of infringement notice
   128.    Effect of payment of modified penalty

   PART 6 -- Financial provisions

           Division 1 -- Declared Pest Account

              Subdivision 1 -- General  

   129.    Terms used

              Subdivision 2 -- Rates imposed on land  

   130.    Determination of rate
   131.    Procedure for making rate determination
   132.    Minimum and maximum rates
   133.    Rates amounts
   134.    Multiple rating
   135.    Application of Taxation Administration Act 2003 and Land Tax Assessment Act 2002
   136.    Postponement of rates payable by pensioners

              Subdivision 3 -- Establishment and operation of Declared Pest Account  

   137.    Declared Pest Account
   138.    Use of funds in Declared Pest Account
   139.    Appropriations against Consolidated Account

           Division 2 -- Industry funding schemes  

   140.    Terms used
   141.    Establishment of accounts, management committees and schemes
   142.    Constitution and administration of prescribed accounts
   143.    Management committee
   144.    Contributions to account -- prescribed scheme
   145.    Application of prescribed account
   146.    Treasurer may make advances to a prescribed account in event of a deficiency
   147.    Review of regulations

           Division 3 -- Modified Penalties Revenue Account  

   148.    Modified Penalties Revenue Account
   149.    Use of funds in Modified Penalties Revenue Account

   PART 7 -- Administration

           Division 1 -- The Western Australian Agriculture Authority  

   150.    Western Australian Agriculture Authority
   151.    Purpose of Western Australian Agriculture Authority
   152.    Powers of Authority
   153.    Treasurer to consider proposals under section 152(3)(b)
           154. Intellectual property
   155.    Execution of documents by Authority
   156.    Accountability under this Division

           Division 2 -- Compiling and publishing essential information  

   157.    Publication of certain declarations
   158.    Records of status of various organisms
   159.    The department’s electronic site
   160.    Information available on department’s electronic site
   161.    Availability of published information

           Division 3 -- Inspectors  

   162.    Appointment of inspectors
   163.    Director General has functions of inspector
   164.    Identification cards

           Division 4 -- Quarantine facilities, inspection points and other places  

   165.    Arrangements for provision of quarantine facilities
   166.    Inspection points
   167.    Use of other places

           Division 5 -- Advisory groups and recognised biosecurity groups  

   168.    Advisory groups
   169.    Recognised biosecurity groups
   170.    Funds available to recognised biosecurity groups
   171.    Publication of report by recognised biosecurity group

           Division 6 -- Service of documents  

   172.    Service on Director General
   173.    Method of service
   174.    Alternative methods of service of documents relating to land
   175.    Service of notice by publication
   176.    Service where more than one owner or occupier
   177.    Time of service
   178.    Description of person or land
   179.    Documents binding on subsequent owners and occupiers
   180.    Non-exclusivity of this Division

           Division 7 -- General  

   181.    Delegation by Minister
   182.    Delegation by Director General
   183.    Arrangements with corresponding authorities
   184.    Information sharing
   185.    Results and other matters may be published
   186.    Compliance statements
   187.    Immunity from tortious liability

   PART 8 -- Regulations, codes of practice and local laws  

   188.    Regulations -- general power
   189.    Regulations prescribing high impact organisms
   190.    Regulations and management plans may adopt codes or legislation and other references
   191.    Codes of practice
   192.    Regulations and codes of practice: consultation
   193.    Local government may make local laws

   PART 9 -- Miscellaneous  

   194.    Review of Act
           SCHEDULE 1 -- Matters for which regulations may be made

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