(a) make an order under
this section in respect of the whole or part of any agricultural produce that
is specified or described in a notice that has been served under section 64,
and
(b) cause the order to be served as provided by subsection (4) (a).
(2)
An order made and served under this section in relation to any agricultural
produce--
(a) must--
(i) describe the name of the produce, and
(ii) describe
where the produce was situated at the time of service of the notice under
section 64 in respect of which the order is made, and
(iii) specify or
describe the quantity of the produce, and
(iv) specify the date on which the
order is made, and
(v) specify the expiry date of the order, being a date
occurring not more than 6 months after the date on which the order is made,
and
(b) may contain provisions requiring any person on whom it is to be
served and who has possession or control of the produce--
(i) not to part with
possession or control of the produce, or
(ii) to retain the produce in or on
the premises specified in the order and that are under the control of that
person, or
(iii) to deal with the produce or to do anything in relation to
the produce in accordance with the directions set out in the order, being
directions that are reasonably necessary for the preservation of the health of
the public or of any person, or
(iv) subject to subsection (3), within a time
specified in the order, to destroy the produce in a manner described in the
order or in accordance with the directions of an authorised officer, or
(v)
to report on and monitor prohibited residue in the produce in accordance with
procedures specified in the regulations, or
(vi) to arrange for analysis to
be undertaken, at the person's own cost, by an appropriately qualified
laboratory of prohibited residue in the produce and to report the findings to
the Authority.
(3) The Minister may not cause an order under this section to
be served, being an order requiring the destruction of a quantity of
agricultural produce, unless--
(a) at the time the Minister made the order,
the Minister was satisfied that--
(i) at least one sample of the produce from
each prescribed portion of the quantity of produce contains a prohibited
residue, or
(ii) if the quantity of the produce is less than or equal to the
prescribed portion in relation to the produce, at least one sample of the
produce contains a prohibited residue, and
(b) the requirement to destroy the
agricultural produce does not take effect before 90 days after the date of
service of the order, and
(c) the Minister is of the opinion that there is no
reasonable likelihood of the agricultural produce ceasing to contain a
prohibited residue within the period of 3 years following the date on which
the Minister made the order.
(4) An order made under this section--
(a) may
be served on--
(i) the owner of the agricultural produce in relation to which
it was made, or
(ii) a person involved in growing or supplying the
agricultural produce in relation to which it was made, or
(iii) the occupier
of any premises on which the produce is situated at the time of service of the
order, and
(b) remains in force from the time it is served until the expiry
date specified in the order, unless it is sooner revoked by the Minister, and
(c) revokes any notice issued under section 64 that relates to the
agricultural produce to which the order relates.
(5) If an order under this
section is in force, the person on whom it was served must not fail to comply
with any requirement of the order that is applicable to the person.
: Maximum
penalty--
(a) $120,000 in the case of a corporation, or
(b) $60,000 in the
case of an individual.
Note : An offence against subsection (5) committed by
a corporation is an executive liability offence attracting executive liability
for a director or other person involved in the management of the
corporation--see section 112.
(6) In this section--
"prescribed portion" , in relation to a quantity of agricultural produce,
means--
(a) if the quantity is specified or described in the order by
reference to its weight--50 tonnes, or
(b) if the quantity is specified or
described in the order by reference to its volume--
(i) if the produce is not
in liquid form--100 cubic metres, or
(ii) if the produce is in liquid
form--5,000 litres, or
(c) if the quantity is specified or described in the
order by reference to the premises on which it is situated--150 hectares, or
(d) such smaller portion as may be prescribed by the regulations in relation
to the produce.
