Australian Capital Territory Consolidated Acts

PLANT DISEASES ACT 2002 - NOTES

Note 2     For example, the Legislation Act, dict, pt 1 defines the following terms:

              •     ACT

              •     daily newspaper

              •     director-general (see s 163)

              •     function

              •     public servant

              •     the Territory.

"connected", for part 4 (Enforcement)—see section 18.

"disease"—see section 5.

"insect"—see section 6.

"inspector" means a person appointed as an inspector under section 19.

"occupier", of premises, includes—

        (a)     a person believed on reasonable grounds to be an occupier of the premises; and

        (b)     a person apparently in charge of the premises.

"offence", for part 4 (Enforcement)—see section 18.

"pest"—see section 7.

"plant" means a member, or part of a member, of the plant kingdom.

"premises" includes a building of any description, or a part of a building, a vehicle, and land (whether built on or not).

"required media" means—

        (a)     a daily newspaper; and

        (b)     all national or commercial broadcasting services within the meaning of the Broadcasting Services Act 1992 (Cwlth) broadcasting in the ACT.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

3     Legislation history

Plant Diseases Act 2002 A2002-42

notified LR 2 December 2002

s 1, s 2 commenced 2 December 2002 (LA s 75 (1))

remainder commenced 2 June 2003 (s 2 and LA s 79)

as amended by

Animal and Plant Diseases Amendment Act 2003 A2003-44 pt 3

notified LR 2 October 2003

s 1, s 2 commenced 2 October 2003 (LA s 75 (1))

pt 3 commenced 3 October 2003 (s 2 (2))

Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.67

notified LR 26 March 2004

s 1, s 2 commenced 26 March 2004 (LA s 75 (1))

sch 2 pt 2.67 commenced 9 April 2004 (s 2 (1))

Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.27

notified LR 28 September 2006

s 1, s 2 commenced 28 September 2006 (LA s 75 (1))

sch 2 pt 2.27 commenced 29 September 2006 (s 2 (1))

Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.59

notified LR 1 September 2009

s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

sch 3 pt 3.59 commenced 22 September 2009 (s 2)

Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.122

notified LR 30 June 2011

s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

sch 1 pt 1.122 commenced 1 July 2011 (s 2 (1))

Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.43

notified LR 28 November 2011

s 1, s 2 commenced 28 November 2011 (LA s 75 (1))

sch 3 pt 3.43 commenced 12 December 2011 (s 2)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Offences against Act—application of Criminal Code etc
s 4A     ins A2003-44 s 11

Meaning of disease
s 5     am A2003-44 s 12; A2011-52 amdt 3.164

Meaning of insect
s 6     am A2011-52 amdt 3.161, amdt 3.164

Meaning of pest
s 7     am A2003-44 s 13; A2011-52 amdt 3.164

Prohibition of introduction etc of plants, insects, diseases and pests
s 8     am A2003-44 s 14; A2011-52 amdt 3.164

Declaration of places of entry and quarantine stations
s 9     am A2011-52 amdt 3.162

Declaration of quarantine area
s 10     am A2003-44 s 15; A2011-52 amdt 3.164

Undertaking by owners
s 11     am A2003-44 s 16

Declaration of area subject to importation restriction
s 12     am A2003-44 s 17; A2011-52 amdt 3.164

Direction for seizure, disinfection, destruction etc of plants etc
s 13     sub A2003-44 s 18

Declaration of notifiable diseases and pests
s 15     am A2011-52 amdt 3.164

Obligation to report notifiable diseases and pests
s 16     am A2003-44 s 19

Court proceedings
s 17     am A2006-40 amdt 2.169

Appointment of inspectors
s 19     am A2011-22 amdt 1.353

Identity cards
s 20     am A2003-44 s 20; A2011-22 amdt 1.353

General powers on entry to premises
s 26     am A2003-44 s 21

Power to require name and address
s 27     am A2003-44 s 22

Power to seize things
s 28     am A2003-44 s 23

Return of things seized
s 31     am A2011-22 amdt 1.354

False or misleading information
s 32     sub A2003-44 s 24
    om A2004-15 amdt 2.144

False or misleading documents
s 33     sub A2003-44 s 24
    om A2004-15 amdt 2.144

Hindering or obstructing an inspector
s 34     sub A2003-44 s 24
    om A2004-15 amdt 2.144

Determination of fees
s 39     am A2011-52 amdt 3.164

Approved forms
s 40     am A2011-52 amdt 3.164

Repeals and consequential amendment
pt 6 hdg     om R1 LA

Repeal of Plant Diseases Act 1934
s 42     om LA s 89 (3)

Repeal of Plant Diseases Regulations 1938
s 43     om LA s 89 (3)

Administrative Decisions (Judicial Review) Act 1989, schedule 1, new clause 6
s 44     om LA s 89 (3)

Dictionary
dict     am A2009-20 amdt 3.163; A2011-22 amdt 1.355
    def goods om A2011-52 amdt 3.163
    def required media ins A2003-44 s 25
    am A2009-20 amdt 3.164

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 2 June 2003	2 June 2003– 2 Oct 2003	not amended	new Act
R2 3 Oct 2003	3 Oct 2003– 8 Apr 2004	A2003-44	amendments by A2003-44
R3 9 Apr 2004	9 Apr 2004– 28 Sept 2006	A2004-15	amendments by A2004-15
R4 29 Sept 2006	29 Sept 2006– 21 Sept 2009	A2006-40	amendments by A2006-40
R5 22 Sept 2009	22 Sept 2009– 30 June 2011	A2009-20	amendments by A2009-20
R6 1 July 2011	1 July 2011– 11 Dec 2011	A2011-22	amendments by A2011-22

© Australian Capital Territory 2011

Australian Capital Territory

A2002-42

Republication No 7

Effective: 12 December 2011

Republication date: 12 December 2011

Last amendment made by A2011-52





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Plant Diseases Act 2002

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 December 2011

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 December 2011

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory

Plant Diseases Act 2002

Endnotes31

Plant Diseases Act 2002

An Act for the control of diseases and pests affecting plants, and for other purposes