New South Wales Repealed Acts

This legislation has been repealed.

SEEDS ACT 1982 - SECT 9

9 Certain defences available to prosecution for offence under section 8

It is a sufficient defence to a prosecution for an offence against this Act arising under section 8 if:

(a) in relation to a sale of a parcel of seeds:

(i) the defendant satisfies the court that the seeds were not sold for the purpose of being planted, or

(ii) the defendant satisfies the court that the parcel of seeds was sold for the purpose of having prohibited seeds or prohibited matter contained in the parcel removed, or

(b) in relation to a sale of a parcel of seeds or a plant, the defendant satisfies the court that, at the time of the sale, the sale was prescribed as an exempt sale for the purposes of this section.