Australian Capital Territory Consolidated Acts

PEST PLANTS AND ANIMALS ACT 2005 - NOTES

Dictionary

(see s 4)

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

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

              •     ACAT

              •     director-general (see s 163)

              •     Executive

              •     home address

              •     in relation to

              •     Minister (see s 162)

              •     public servant

              •     reviewable decision notice.

"animal "includes—

        (a)     a vertebrate and an invertebrate; and

        (b)     an egg, embryo, ovum or sperm, or other product, of an animal from which another animal could be produced;

but does not include a human being.

"at" premises includes in or on the premises.

"authorised person" means an authorised person under section 30.

"connected", for part 5 (Enforcement)—see section 29.

"notifiable pest animal"—see section 16.

"notifiable pest plant—"see section 7.

"occupier", of premises, for part 5 (Enforcement)—see section 29.

"offence", for part 5 (Enforcement)—see section 29.

"permit" means a permit issued under section 14 or section 23.

"pest animal" means an animal declared to be a pest animal under section 16.

"pest animal management plan—"see section 17.

"pest management direction"—see section 25.

"pest plant" means a plant declared to be a pest plant under section 7.

"pest plant management plan—"see section 8.

"plant" includes part of a plant.

"premises" includes land or a structure or vehicle and any part of an area of land or a structure or vehicle.

"prohibited pest animal"—see section 16.

prohibited pest plant—see section 7.

"propagate" a plant includes plant the plant.

Examples of propagating a plant

1     planting a seed, seedling or cutting

2     grafting a plant

3     propagating a plant using hydroponics

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

"reviewable decision", for part 6 (Notification and review of decisions)—see section 49.

"sell" includes—

        (a)     barter and agree to sell; and

        (b)     display for sale; and

        (c)     have in possession for sale.

"supply" includes—

        (a)     sell; and

        (b)     agree to supply; and

        (c)     dispose of by way of raffle, lottery or other game of chance; and

        (d)     offer as a prize or reward.

"vehicle"—

        (a)     see the Road Transport (General) Act 1999, dictionary; and

        (b)     includes a boat, hovercraft, raft, pontoon and anything else that can carry people or goods through on or over water.

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 and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

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

Pest Plants and Animals Act 2005 A2005-21

notified LR 12 May 2005
s 1, s 2 commenced 12 May 2005 (LA s 75 (1))
sch 1 pt 1.4 commenced 29 March 2006 (LA s 79A and A2005-51)
remainder commenced 12 November 2005 (s 2 and LA s 79)

as amended by

Pest Plants and Animals Amendment Act 2006 A2006-18

notified LR 10 May 2006

s 1, s 2 commenced 10 May 2006 (LA s 75 (1))

remainder commenced 11 May 2006 (s 2)

Statute Law Amendment Act 2006 A2006-42 amdt 3.152

notified LR 26 October 2006
s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
amdt 3.152 commenced 16 November 2006 (s 2 (1))

ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.81

notified LR 4 September 2008

s 1, s 2 commenced 4 September 2008 (LA s 75 (1))

sch 1 pt 1.81 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.55

notified LR 26 November 2009

s 1, s 2 commenced 26 November 2009 (LA s 75 (1))

sch 3 pt 3.55 commenced 17 December 2009 (s 2)

Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.119

notified LR 30 June 2011

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

sch 1 pt 1.119 commenced 1 July 2011 (s 2 (1))

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Declaration of pest plant
s 7     am A2006-42 amdt 3.152; A2011-22 amdt 1.348

Notification of notifiable pest plant
s 9     am A2011-22 amdt 1.348

Reckless importation of prohibited pest plant etc
s 10A     ins A2006-18 s 4

Permits relating to prohibited pest plants
s 14     sub A2006-18 s 5
    am A2011-22 amdt 1.348

Declaration of pest animal
s 16     am A2006-42 amdt 3.152; A2011-22 amdt 1.348

Notification of notifiable pest animal
s 18     am A2011-22 amdt 1.348

Permit to supply prohibited pest animal
s 23     am A2011-22 amdt 1.348

Pest management direction by director-general
s 25 hdg     am A2011-22 amdt 1.348
s 25     am A2011-22 amdt 1.348

Contravention of pest management direction—action by authorised person
s 28     am A2011-22 amdt 1.348

Appointment of authorised people
s 30     am A2011-22 amdt 1.348

Identity cards
s 31     am A2011-22 amdt 1.348

Power to require name and address
s 36     am A2009-49 amdt 3.129

Return of things seized
s 46     am A2011-22 amdt 1.348

Notification and review of decisions
pt 6 hdg     sub A2008-37 amdt 1.349

Meaning of reviewable decision—pt 6
s 49     am A2006-18 s 6
    sub A2008-37 amdt 1.349

Reviewable decision notices
s 50     sub A2008-37 amdt 1.349

Applications for review
s 50A     ins A2008-37 amdt 1.349

Determination of fees
s 51     am A2006-42 amdt 3.152

Approved forms
s 52     am A2006-42 amdt 3.152

Review of Act
s 54     exp 12 November 2012 (s 54 (3))

Transitional
pt 8 hdg     exp 12 November 2007 (s 56)

Transitional regulations
s 55     exp 12 November 2007 (s 56)

Expiry of pt 8
s 56     exp 12 November 2007 (s 56)

Consequential amendments
pt 9 hdg     om LA s 89 (3)

Legislation amended—sch 1
s 57     om LA s 89 (3)

Reviewable decisions
sch 1     om LA s 89 (3)
    ins A2008-37 amdt 1.350

Dictionary
dict     am A2008-37 amdt 1.351; A2009-49 amdt 3.130; A2011-22 amdt 1.349
    def propagate ins A2006-18 s 7
    def reviewable decision sub A2008-37 amdt 1.352

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 (RI) 28 Mar 2006	12 Nov 2005– 28 Mar 2006	not amended	new Act reissue for republication correction
R2 29 Mar 2006	29 Mar 2006– 10 May 2006	not amended	commenced provisions
R3 11 May 2006	11 May 2006– 15 Nov 2006	A2006-18	amendments by A2006-18
R4 16 Nov 2006	16 Nov 2006– 12 Nov 2007	A2006-42	amendments by A2006-42
R5 13 Nov 2008	13 Nov 2008– 1 Feb 2009	A2006-42	commenced expiry
R6 2 Feb 2009	2 Feb 2009– 16 Dec 2009	A2008-37	amendments by A2008-37
R7 17 Dec 2009	17 Dec 2009– 30 June 2011	A2009-49	amendments by A2009-49

© Australian Capital Territory 2011

Australian Capital Territory

A2005-21

Republication No 8

Effective: 1 July 2011

Republication date: 1 July 2011

Last amendment made by A2011-22





Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Pest Plants and Animals Act 2005

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 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

Pest Plants and Animals Act 2005

Endnotes

Australian Capital Territory

Pest Plants and Animals Act 2005