New South Wales Consolidated Acts

PLANT DISEASES ACT 1924 - SECT 18A

18A Detention notices

(1) In this section, a reference to a covering includes a reference to any fruit or plant contained in the covering.

(2) This section applies to:

(a) a covering that is required by an order made under section 28A to be branded or labelled in a specified manner and is not so branded or labelled,

(b) a fruit that is required by the Act or such an order to be graded or packed in a specified manner and is not so graded or packed, and

(c) a vegetable that is required by the Act or such an order to be graded or packed in a specified manner and is not so graded or packed.

(3) Where a person is in possession or control of coverings or fruit or vegetables to which this section applies, an inspector may give to that person a notice that is in the approved form and requires that person, except in so far as the notice is cancelled as provided by subsection (9):

(a) to keep at a specified place,

(b) to refrain from selling, or otherwise dealing with or disposing of, and

(c) to refrain from permitting or suffering any other person to sell or otherwise deal with or dispose of,

those coverings, that fruit or those vegetables.

(4) An inspector may identify in the approved manner the coverings or fruit or vegetables to which a notice given under subsection (3) relates.

(5) If a person has been given a notice under subsection (3), an inspector may, at the request of that person, change the brands or labels on a covering to which the notice relates to the extent necessary to ensure that the covering is branded or labelled as required by the order made under section 28A.

(5A) A person who requests an inspector to exercise the power conferred by subsection (5) is liable, as a condition of that power being exercised, to pay the prescribed fee in the prescribed manner.

(5B) If the prescribed fee is not paid within the prescribed period, it is recoverable in a court of competent jurisdiction as a debt due to the Crown.

(6) Where a person has been given a notice under subsection (3) and an inspector has not exercised the powers conferred on the inspector by subsection (5), that person shall:

(a) regrade or repack the fruit or vegetables to which the notice relates to the extent necessary to ensure that that fruit is or those vegetables are, graded or packed as required by the order made under section 28A and to ensure that the covering containing that fruit or those vegetables is branded or labelled as so ordered, or

(b) deal with, or dispose of, the fruit or vegetables to which the notice relates in a manner for the time being approved or directed in writing by an inspector.

(7) A person shall be deemed to have complied with subsection (6) if that which the person would be required to do in order to comply therewith is done on the person’s behalf or at the person’s direction.

(8) For the purposes of section 9, a person who is required to comply with subsection (6) in respect of a covering or fruit or vegetables and fails to do so shall be deemed to have dealt with, or disposed of, that covering or fruit or those vegetables contrary to the direction of an inspector.

(9) Where a notice has been given under subsection (3) and an inspector:

(a) has exercised the powers conferred on the inspector by subsection (5) in respect of a covering to which the notice relates, or

(b) is satisfied that subsection (6) has been complied with in respect of a covering, or of fruit or vegetables, to which the notice relates,

an inspector shall give to the person to whom the notice was given a cancellation of the notice in the approved form in so far as the notice relates to that covering or fruit or those vegetables.

(10) An inspector may identify in the approved manner the coverings or fruit or vegetables to which a cancellation given under subsection (9) relates.

(11) In any prosecution for an offence against this Act in respect of coverings, fruit or vegetables, proof that a notice was given under subsection (3) in relation to the coverings, fruit or vegetables shall be prima facie evidence that the notice had not, at the time of the alleged offence, been cancelled in so far as it related to the coverings, fruit or vegetables.

(12) Where a prescribed fee for the purposes of this section is paid by a person who is not the owner of the coverings or fruit or vegetables in respect of which the payment is made, an amount equal to the amount of that fee may be recovered from the owner by that person in any court of competent jurisdiction as a debt due and owing by the owner to the extent to which it has not been waived or remitted in accordance with subsection (13).

(13) The Minister may waive or remit the whole or any part of a prescribed fee for the purposes of this section.