New South Wales Consolidated Acts

PLANT DISEASES ACT 1924 - SECT 28

28 Regulations

(1) The Governor may make regulations not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act; and in particular and without limiting the generality of the foregoing power, the Governor may make regulations with respect to the following matters:

(ai) the traffic sign to be displayed pursuant to section 13 (1), and any fixed warning signs of the presence of inspectors,

(aii) the written evidence of authority to be produced by an inspector under section 13 (1B),

(b) applications for permits under section 16A, and fees in relation to any such permits,

(c) the branding or labelling of coverings containing fruit or plants,

(d) the grading and packing of fruit or vegetables,

(di) the restriction or prohibition of the packing for sale or sale of coverings that are not branded or labelled as prescribed or fruit or vegetables that are not graded or packed as prescribed,

(dii) the identification of the variety or grade, or both the variety and grade, of unpacked fruit or vegetables that are exposed or displayed for sale,

(diii) the restriction or prohibition of the exposure or display for sale of fruit or vegetables to which regulations made for the purpose of paragraph (dii) relate unless the variety or grade of the fruit or vegetables is, or, if the case requires, both their variety and grade are, identified as prescribed,

(e) the inspection of and the granting of certificates as to the quality and condition of fruit, plants, or vegetables intended for sale or export,

(f) prescribing the payment and recovery of fees generally under this Act, including fees:

(ii) in respect of any inspection, treatment or destruction by an inspector,

(iii) for the granting of any certificate as to quantity or condition,

(iv) for the purposes of section 18A, and

(v) for any other service (including the granting of any other type of certificate) provided under this Act or the regulations,

(g) the conferring on a person liable to pay fees under this Act of a right to apply to the Administrative Decisions Tribunal for a review of a decision in respect of the withdrawal of credit facilities from, or the refusal to extend such facilities to, that person in relation to the payment of those fees.

(1A) Regulations made pursuant to subsection (1) (ai) may make provision for the use of fixed, movable or portable traffic signs, either in conjunction or as alternatives.

(2) The regulations may create an offence punishable by a penalty not exceeding 50 penalty units.

(2C) A provision of a regulation may:

(a) apply generally or be limited in its application by reference to specified exceptions or factors,

(b) apply differently according to different factors of a specified kind,

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body, or

(d) provide for specified persons, places, matters or things, or specified classes of persons, places, matters or things, to be exempted, either absolutely or subject to conditions, from that or any other provision of a regulation,

or may do any combination of those things.