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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Plant Protection Amendment
Bill 2004
Queensland
Plant Protection Amendment Bill 2004
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Plant Protection Act 1989
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Replacement of pt 2 hdg (Appointment of inspectors) . . . . . . . . . 6
5 Insertion of new pt 2, divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2 Authorised persons
6D Appointing authorised persons. . . . . . . . . . . . . . . . . . 7
6E Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6F Appointment conditions and limit on powers . . . . . . . 7
6G When authorised person ceases to hold office . . . . . 8
6H Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 3 Identity cards
6I Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 9
6J Production or display of identity card . . . . . . . . . . . . . 9
6K Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 9
6 Renumbering of s 6D (Purpose of powers) . . . . . . . . . . . . . . . . . 10
7 Insertion of new ss 6M6P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6M Meaning of business movement for area . . . . . . . . . . 10
6N Meaning of business document for area . . . . . . . . . . 11
6O Meaning of serious pest . . . . . . . . . . . . . . . . . . . . . . . 11
6P Declaration of pest as serious pest by regulation or
gazette notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Amendment of s 8 (Control over introduction of pests) . . . . . . . . 12
9 Amendment of s 9 (Control over spread of pest infestations
within Queensland). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Amendment of s 11 (Pest quarantine area) . . . . . . . . . . . . . . . . . 12
2
Plant Protection Amendment Bill 2004
11 Insertion of new ss 11B11F . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11B Review of particular decisions and actions. . . . . . . . . 14
11C Keeping a business document for an area . . . . . . . . . 16
11D Keeping a document that becomes a business
document for an area . . . . . . . . . . . . . . . . . . . . . . . . . 17
11E Production of business documents. . . . . . . . . . . . . . . 18
11F Failure to comply with requirement about a document 19
12 Amendment of s 13 (Special powers in relation to specific pest
infestations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
13 Amendment of s 14 (Destruction of healthy crop to prevent pest
infestation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
14 Amendment of s 19 (General powers of inspectors) . . . . . . . . . . 20
15 Amendment of s 19A (Inspectors' powers--certificates) . . . . . . . 21
16 Amendment of s 20 (Restricted entry into dwelling house) . . . . . 21
17 Insertion of new s 20AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
20AA Information requirement for pest infestation . . . . . . . . 21
18 Amendment of s 20A (Inspectors' powers--imminent risk of
infestation) ........................................ 23
19 Insertion of new pt 3, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 4 Surveillance to establish presence or absence
of pest
20B Chief executive may authorise pest surveillance
program ................................ 24
20C Purpose of pest surveillance program . . . . . . . . . . . . 24
20D Circumstances required for pest surveillance
program ............................. 25
20E Taking action under a pest surveillance program . . . . 26
20 Amendment of s 21M (Application for reconsideration of
administrative decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
21 Amendment of s 21N (Decision on reconsideration) . . . . . . . . . . 27
22 Amendment of s 24 (Obstruction) . . . . . . . . . . . . . . . . . . . . . . . . 27
23 Insertion of new s 29A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
29A Executive officers must ensure corporation complies
with Act ................................. 27
24 Amendment of s 31 (Delegation by chief executive) . . . . . . . . . . 28
25 Insertion of new s 32A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
32A Limitation on time for starting proceedings. . . . . . . . . 28
26 Insertion of new pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
36 Definitions for pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
37 Validation of relevant pest quarantine instruments . . . 29
3
Plant Protection Amendment Bill 2004
38 Application of s 11D for particular business
documents ............................ 30
39 Application of s 21M to particular decisions in interim
period ................................. 30
40 Transitional arrangements for identity card
requirements ........................... 30
27 Insertion of new sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Schedule 1 Serious pests
28 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 32
Part 3 Amendment of Judicial Review Act 1991
29 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
30 Amendment of sch 1 (Operation of other laws) . . . . . . . . . . . . . . 33
2004
A Bill
for
An Act to amend the Plant Protection Act 1989, and for other
purposes
s1 6 s4
Plant Protection Amendment Bill 2004
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Plant Protection Amendment 4
Act 2004. 5
Part 2 Amendment of Plant Protection 6
Act 1989 7
Clause 2 Act amended in pt 2 8
This part amends the Plant Protection Act 1989. 9
Clause 3 Amendment of s 3 (Definitions) 10
Section 3, `in the schedule'-- 11
omit, insert-- 12
`in schedule 2'. 13
Clause 4 Replacement of pt 2 hdg (Appointment of inspectors) 14
Part 2, heading-- 15
omit, insert-- 16
`Part 2 Appointment of inspectors and 17
authorised persons 18
`Division 1 Inspectors'. 19
s5 7 s5
Plant Protection Amendment Bill 2004
Clause 5 Insertion of new pt 2, divs 2 and 3 1
Part 2, after section 6C-- 2
insert-- 3
`Division 2 Authorised persons 4
`6D Appointing authorised persons 5
`(1) The chief executive may appoint an individual as an 6
authorised person. 7
`(2) However, an individual may be appointed as an authorised 8
person only if-- 9
(a) the individual is-- 10
(i) a public service officer or employee; or 11
(ii) included in a class of individual declared under a 12
regulation to be an approved class of individual for 13
this section; and 14
(b) the chief executive is satisfied the individual has-- 15
(i) the necessary expertise or experience to be an 16
authorised person; or 17
(ii) satisfactorily finished training approved by the 18
chief executive. 19
`(3) Subsection (2) does not limit the issues the chief executive 20
may consider when deciding whether to appoint an individual 21
as an authorised person. 22
`6E Functions 23
`The functions of an authorised person are limited to acting in 24
pest surveillance programs as provided for in part 3, 25
division 4. 26
`6F Appointment conditions and limit on powers 27
`(1) An authorised person holds office on any conditions stated 28
in-- 29
(a) the authorised person's instrument of appointment; or 30
s5 8 s5
Plant Protection Amendment Bill 2004
(b) a signed notice given to the authorised person; or 1
(c) a regulation. 2
`(2) Without limiting subsection (1), the instrument of 3
appointment, a signed notice given to the authorised person or 4
a regulation may-- 5
(a) limit the authorised person's functions or powers under 6
this or another Act; or 7
(b) require the authorised person to give the chief executive 8
stated information or a report about the performance of 9
the authorised person's functions or the exercise of the 10
authorised person's powers. 11
`(3) In this section-- 12
signed notice means a notice signed by the chief executive. 13
`6G When authorised person ceases to hold office 14
`(1) An authorised person ceases to hold office if any of the 15
following happens-- 16
(a) the term of office stated in a condition of office ends; 17
(b) under another condition of office, the authorised person 18
ceases to hold office; 19
(c) the authorised person's resignation under section 6H 20
takes effect. 21
`(2) Subsection (1) does not limit the ways an authorised person 22
may cease to hold office. 23
`(3) In this section-- 24
condition of office means a condition on which the authorised 25
person holds office. 26
`6H Resignation 27
`An authorised person may resign by signed notice given to 28
the chief executive. 29
s5 9 s5
Plant Protection Amendment Bill 2004
`Division 3 Identity cards 1
`6I Issue of identity card 2
`(1) The chief executive must issue an identity card to each 3
relevant officer. 4
`(2) The identity card must-- 5
(a) contain a recent photo of the relevant officer; and 6
(b) contain a copy of the relevant officer's signature; and 7
(c) identify the relevant officer as an inspector or authorised 8
person under this Act; and 9
(d) state an expiry date for the card. 10
`(3) This section does not prevent the giving of a single identity 11
card to a relevant officer for this Act and other purposes. 12
`6J Production or display of identity card 13
`(1) In exercising a power under this Act in relation to another 14
person, a relevant officer must-- 15
(a) produce the relevant officer's identity card for the other 16
person's inspection before exercising the power; or 17
(b) have the identity card displayed so it is clearly visible to 18
the other person when exercising the power. 19
`(2) However, if it is not practicable to comply with subsection (1), 20
the relevant officer must produce the identity card for the 21
other person's inspection at the first reasonable opportunity. 22
`6K Return of identity card 23
`A person who ceases to be a relevant officer must return the 24
person's identity card to the chief executive within 21 days 25
after ceasing to be a relevant officer unless the person has a 26
reasonable excuse. 27
Maximum penalty--20 penalty units.'. 28
s6 10 s7
Plant Protection Amendment Bill 2004
Clause 6 Renumbering of s 6D (Purpose of powers) 1
Section 6D-- 2
renumber as section 6L. 3
Clause 7 Insertion of new ss 6M6P 4
After section 6L, as renumbered-- 5
insert-- 6
`6M Meaning of business movement for area 7
`(1) The movement of a plant is a business movement for an area 8
if all the following circumstances apply-- 9
(a) the movement is-- 10
(i) into or out of the area; or 11
(ii) within the area, because the plant is brought on to 12
or moved from a parcel of land in the area; 13
(b) the movement-- 14
(i) happens after the area becomes a pest quarantine 15
area under a notice or regulation; or 16
(ii) happened less than 7 years before the area became 17
a pest quarantine area under a notice or regulation; 18
(c) the plant is of a variety capable of being a host of the 19
pest the subject of a pest infestation for which the area is 20
declared to be a pest quarantine area under the notice or 21
regulation; 22
(d) the movement is for trade or business, but happens 23
before the plant comes into the possession of a 24
consumer. 25
26
Examples of movement for paragraph (d)--
27
movement to or from a person who wholesales, ripens, packs, or
28
distributes fruit, or movement to a person who retails fruit
`(2) To remove any doubt, it is declared that, under this section, a 29
movement can be a business movement for an area even 30
though-- 31
s7 11 s7
Plant Protection Amendment Bill 2004
(a) the area became a pest quarantine area after the 1
movement happened; or 2
(b) the area stops being a pest quarantine area. 3
`6N Meaning of business document for area 4
`(1) A document is a business document for an area if the 5
document-- 6
(a) contains information about, or that in any way is 7
evidence of, a business movement for the area; and 8
(b) is or forms part of a record relating to the trade or 9
business the subject of the business movement; and 10
(c) was created in the course of the trade or business. 11
`(2) To remove any doubt, it is declared that it is not possible for a 12
document to be a business document for an area unless the 13
area-- 14
(a) is a pest quarantine area when the document is created; 15
or 16
(b) becomes a pest quarantine area after the document is 17
created. 18
`6O Meaning of serious pest 19
`A pest is a serious pest if-- 20
(a) it is listed in schedule 1; or 21
(b) it has been declared under section 6P to be a serious 22
pest, and the declaration is still in force. 23
`6P Declaration of pest as serious pest by regulation or 24
gazette notice 25
`(1) A regulation may declare a pest to be a serious pest. 26
`(2) The Minister may by gazette notice declare a pest to be a 27
serious pest. 28
`(3) The Minister may act under subsection (2) only if the Minister 29
is satisfied on reasonable grounds that-- 30
s8 12 s 10
Plant Protection Amendment Bill 2004
(a) the pest, if not eradicated, would cause significant 1
public losses, either-- 2
(i) directly, through serious loss of amenity or 3
environmental values, or serious effects on 4
households; or 5
(ii) indirectly, through very severe economic impacts 6
on regions and the State economy; or 7
(iii) through trade losses with flow-on effects through 8
the State economy; and 9
(b) the declaration of the pest as a serious pest is necessary 10
in the interests of the prevention, control or removal of 11
pest infestation of plants under this Act. 12
`(4) A gazette notice under subsection (2) stays in force until the 13
first of the following to happen-- 14
(a) the gazette notice is revoked; 15
(b) 3 months elapse after publication of the gazette notice; 16
(c) a declaration of the pest as a serious pest comes into 17
force under a regulation.'. 18
Clause 8 Amendment of s 8 (Control over introduction of pests) 19
Section 8(4), penalty-- 20
omit, insert-- 21
`Maximum penalty--2 000 penalty units.'. 22
Clause 9 Amendment of s 9 (Control over spread of pest 23
infestations within Queensland) 24
Section 9(4), penalty-- 25
omit, insert-- 26
`Maximum penalty for subsection (4)--2 000 penalty units.'. 27
Clause 10 Amendment of s 11 (Pest quarantine area) 28
(1) Section 11(2), `The Minister, by notice,'-- 29
omit, insert-- 30
s 10 13 s 10
Plant Protection Amendment Bill 2004
`A regulation or notice under subsection (1)'. 1
(2) Section 11(2), `in respect of'-- 2
omit, insert-- 3
`for'. 4
(3) Section 11-- 5
insert-- 6
`(2A) In declaring, for subsection (2)(b), the duties and obligations 7
imposed on owners of land, or on any other person in order to 8
achieve the objects of the quarantine, a regulation or notice 9
under subsection (1)-- 10
(a) may include requirements for-- 11
(i) the treatment or destruction of plants, including 12
plants that are not the subject of pest infestation; or 13
(ii) the treatment of any soil or appliance, or of 14
anything else; and 15
(b) may include requirements for some or all of the 16
treatment or destruction mentioned in paragraph (a) be 17
performed by, or under the direction of, an inspector; 18
and 19
(c) may include a requirement for the cost of treatment or 20
destruction performed by, or under the direction of, an 21
inspector to be at the cost of the owners or the other 22
person; and 23
(d) may include requirements applying to any person-- 24
(i) who is not the owner of any land, plant, soil or 25
appliance, or of anything else, in the pest 26
quarantine area; or 27
(ii) who is not otherwise associated with the pest 28
quarantine area. 29
`(2B) A regulation or notice under subsection (1) may-- 30
(a) establish 2 or more categories for areas within the pest 31
quarantine area; and 32
(b) declare any area within the pest quarantine area, or 33
provide for the chief executive to declare any area 34
s 11 14 s 11
Plant Protection Amendment Bill 2004
within the pest quarantine area, to be an area of a 1
particular category; and 2
(c) provide for different requirements to apply for areas of 3
different categories.'. 4
(4) Section 11(3), `or (2)'-- 5
omit. 6
(5) Section 11(4), `In lieu of'-- 7
omit, insert-- 8
`Instead of there being a regulation or notice under 9
subsection (1)'. 10
(6) Section 11(7)-- 11
omit, insert-- 12
`(7) An inspector may give a direction, or may take an action, if 13
the direction or action is necessary or convenient to ensure a 14
person complies with, or to allow a person to be exempted 15
from-- 16
(a) a regulation or notice under subsection (1); or 17
(b) the conditions imposed for an undertaking given under 18
this section; or 19
(c) the declared objects of a quarantine imposed under a 20
regulation or notice under subsection (1).'. 21
(7) Section 11(10), penalty-- 22
omit, insert-- 23
`Maximum penalty for subsection (10)--2 000 penalty units.'. 24
Clause 11 Insertion of new ss 11B11F 25
After section 11A-- 26
insert-- 27
`11B Review of particular decisions and actions 28
`(1) This section applies if-- 29
s 11 15 s 11
Plant Protection Amendment Bill 2004
(a) under section 11, a regulation or notice (the relevant 1
instrument) declares an area to be a quarantine area; 2
and 3
(b) the pest (the relevant pest) the subject of a pest 4
infestation (the relevant pest infestation) for which the 5
quarantine is declared is a serious pest. 6
`(2) A designated decision-- 7
(a) is final and conclusive; and 8
(b) can not be challenged, appealed against, reviewed, 9
quashed, set aside, or called into question in another 10
way, under the Judicial Review Act 1991 or otherwise 11
(whether by the Supreme Court, another court, a tribunal 12
or another entity); and 13
(c) is not subject to any writ or order of the Supreme Court, 14
another court, a tribunal or another entity on any ground. 15
`(3) Without limiting subsection (2), a person may not bring a 16
proceeding for an injunction, or for any writ, declaration or 17
other order, to stop or otherwise restrain the performance of a 18
designated act. 19
`(4) This section does not stop a person from bringing a 20
proceeding to recover damages for loss or damage caused 21
by-- 22
(a) a negligent act or omission in the performance of a 23
designated act; or 24
(b) an unlawful act. 25
`(5) In this section-- 26
decision includes-- 27
(a) conduct engaged in to make a decision; and 28
(b) conduct related to making a decision; and 29
(c) failure to make a decision. 30
designated act means an act the performance of which-- 31
(a) either-- 32
(i) is authorised, or purportedly authorised, under the 33
relevant instrument; or 34
s 11 16 s 11
Plant Protection Amendment Bill 2004
(ii) is otherwise authorised, or purportedly authorised, 1
under this Act, having regard to the relevant 2
instrument; and 3
(b) is in compliance, or purportedly in compliance, with a 4
direct instruction. 5
designated decision means a decision to perform a designated 6
act. 7
direct instruction means an instruction, included in the 8
relevant instrument and identified in the instrument as a direct 9
instruction for this section, for urgent and immediate action to 10
be taken-- 11
(a) to destroy, on a particular parcel of land identified in the 12
direction, any of the following-- 13
(i) plants that are infested with the relevant pest; 14
(ii) plants that are not infested with the relevant pest, 15
but the destruction of which is necessary to achieve 16
a buffer zone for land infested with the relevant 17
pest; or 18
(b) to restrict or stop the movement of host material, of a 19
type identified in the direction, within, or into or out of, 20
a particular area identified in the direction, to stop the 21
spread of the relevant pest; or 22
(c) to perform surveillance, including inspection, on land in 23
a particular area identified in the direction, to find out 24
the extent of the relevant pest infestation. 25
host material means any of the following-- 26
(a) any plant that is of a plant variety that is capable of 27
being a host of the relevant pest; 28
(b) any soil, appliance or other thing reasonably likely to be 29
a means of spreading the relevant pest. 30
`11C Keeping a business document for an area 31
`(1) This section applies if a person (person A) gives a document 32
to another person (person B), and at the time the document is 33
given, the document is a business document for an area. 34
s 11 17 s 11
Plant Protection Amendment Bill 2004
`(2) Person A must keep a copy of the business document for 1
7 years after the movement the document relates to. 2
Maximum penalty--400 penalty units. 3
`(3) Person B must keep the business document, or a complete 4
copy of the document, for 7 years after the movement the 5
document relates to. 6
Maximum penalty for subsection (3)--400 penalty units. 7
`11D Keeping a document that becomes a business 8
document for an area 9
`(1) This section applies if-- 10
(a) a person (person A) gives a document to another person 11
(person B); and 12
(b) after the document is given, an area is declared to be a 13
pest quarantine area, and the document becomes a 14
business document for the area. 15
`(2) Person A must keep a copy of the business document for 16
7 years after the area is declared to be a pest quarantine area 17
if-- 18
(a) the document is still in person A's possession when the 19
area is declared to be a pest quarantine area; and 20
(b) person A knows, or ought reasonably to know, that the 21
document is a business document for the area. 22
Maximum penalty--400 penalty units. 23
`(3) Person B must keep the business document, or a complete 24
copy of the business document, for 7 years after the area is 25
declared to be a pest quarantine area if-- 26
(a) the document or a copy of it is still in person B's 27
possession when the area is declared to be a pest 28
quarantine area; and 29
(b) person B knows, or ought reasonably to know, that the 30
document is a business document for the area. 31
Maximum penalty for subsection (3)--400 penalty units. 32
s 11 18 s 11
Plant Protection Amendment Bill 2004
`11E Production of business documents 1
`(1) This section applies if an inspector believes on reasonable 2
grounds that a person (the document holder) has in the 3
person's possession, or has reasonable access to, a business 4
document for an area or a copy of a business document for an 5
area. 6
`(2) This section also applies if an inspector believes on 7
reasonable grounds that a person (also the document holder) 8
is required under this Act to keep a business document for the 9
area or a copy of a business document for an area. 10
`(3) If asked by an inspector, the document holder must, unless the 11
person has a reasonable excuse, make the document or copy 12
available for inspection by the inspector, or produce it to the 13
inspector for inspection, at a stated reasonable time and place. 14
Maximum penalty--400 penalty units. 15
`(4) When making a request under subsection (3), it is not 16
necessary for the inspector to identify a particular document, 17
and the inspector may ask for-- 18
(a) all business documents and copies of business 19
documents that the document holder has or can access; 20
or 21
(b) all business documents of a particular type, or all copies 22
of business documents of a particular type, that the 23
document holder has or can access. 24
`(5) When making a request under subsection (3), the inspector 25
must warn the document holder that it is an offence not to 26
comply with the request if the document holder does not have 27
a reasonable excuse. 28
`(6) The document holder must, unless the document holder has a 29
reasonable excuse, allow the inspector to keep each produced 30
business document to copy it. 31
Maximum penalty--400 penalty units. 32
`(7) The inspector must return each business document to the 33
document holder as soon as practicable after copying it. 34
s 12 19 s 12
Plant Protection Amendment Bill 2004
`11F Failure to comply with requirement about a document 1
`(1) It is not a reasonable excuse for a person to fail to comply 2
with a requirement under section 11E(3) or (6) that complying 3
with the requirement might incriminate the person. 4
`(2) If an individual complies with a requirement under 5
section 11E(3) or (6), evidence of, or evidence directly or 6
indirectly derived from, the document or information it 7
contains that might tend to incriminate the individual is not 8
admissible in evidence against the individual in a civil or 9
criminal proceeding, other than a proceeding for an offence 10
for which the falsity or misleading nature of the document is 11
relevant.'. 12
Clause 12 Amendment of s 13 (Special powers in relation to specific 13
pest infestations) 14
Section 13(4)-- 15
omit, insert-- 16
`(4) Subsection (5) applies in the following circumstances-- 17
(a) an inspector would be authorised under this section to 18
give a person a direction to perform a particular action; 19
(b) the action would be to treat or destroy plants; 20
(c) the inspector is satisfied on reasonable grounds that the 21
effectiveness of the action can be better secured if the 22
action is performed by, or under the direction of, the 23
inspector. 24
`(5) The inspector may give the person a direction that the person 25
must allow the action to be performed by, or under the 26
direction of, the inspector. 27
`(6) The inspector may give a direction under subsection (5) only 28
if the inspector is satisfied on reasonable grounds that the 29
effectiveness of the action can be better secured if the action is 30
performed by, or under the direction of, the inspector. 31
`(7) If a direction is given under subsection (5), the inspector may 32
recover the cost of performing the action from the person to 33
whom the direction is given as a debt owing to the State. 34
s 13 20 s 14
Plant Protection Amendment Bill 2004
`(8) A person must comply with a direction under this section, 1
unless the person has a reasonable excuse for not complying 2
with it. 3
Maximum penalty for subsection (8)--2 000 penalty units.'. 4
Clause 13 Amendment of s 14 (Destruction of healthy crop to 5
prevent pest infestation) 6
(1) Section 14(1A)-- 7
omit, insert-- 8
`(1A) Directions given to a person under subsection (1) may 9
include-- 10
(a) a direction that the person must perform the destruction 11
in accordance with the directions of the inspector; or 12
(b) a direction that the person must allow the destruction to 13
be performed by, or under the direction of, the inspector. 14
`(1B) The inspector may give a direction under subsection (1A)(b) 15
only if the inspector is satisfied on reasonable grounds that the 16
effectiveness of the destruction can be better secured if the 17
destruction is performed by, or under the direction of, the 18
inspector.'. 19
(2) Section 14(6), penalty-- 20
omit, insert-- 21
`Maximum penalty for subsection (6)--400 penalty units.'. 22
Clause 14 Amendment of s 19 (General powers of inspectors) 23
(1) Section 19(1)-- 24
insert-- 25
`(ja) without limiting any other power the inspector has under 26
this section, require a person to give the inspector 27
reasonable help to exercise a power under this section, 28
including for example to produce a document or give 29
information;'. 30
(2) Section 19(6), penalty-- 31
omit, insert-- 32
s 15 21 s 17
Plant Protection Amendment Bill 2004
`Maximum penalty--400 penalty units.'. 1
(3) Section 19(7), after `answer a question'-- 2
insert-- 3
`or under subsection (1)(ja) to give reasonable help'. 4
(4) Section 19(7), after `answering the question'-- 5
insert-- 6
`or giving the help'. 7
Clause 15 Amendment of s 19A (Inspectors' powers--certificates) 8
Section 19A(6), penalty-- 9
omit, insert-- 10
`Maximum penalty for subsection (6)--400 penalty units.'. 11
Clause 16 Amendment of s 20 (Restricted entry into dwelling house) 12
(1) Section 20, heading-- 13
omit, insert-- 14
`20 Warrants to enter'. 15
(2) Section 20-- 16
insert-- 17
`(8) Subsection (1) does not limit the places for which a warrant to 18
enter may be obtained under this section.'. 19
Clause 17 Insertion of new s 20AA 20
After section 20-- 21
insert-- 22
`20AA Information requirement for pest infestation 23
`(1) An inspector may give the owner of land that is infested with a 24
pest a notice (an information notice) for the land. 25
`(2) The information notice may require the owner to give the 26
inspector the following information about each crop plant 27
growing on the land-- 28
s 17 22 s 17
Plant Protection Amendment Bill 2004
(a) the genus, species, variety and type or class of the crop 1
plant; 2
(b) when the crop plant was planted on the land; 3
(c) the source of the crop plant; 4
(d) other information stated in the notice, if the inspector 5
considers the information to be reasonably necessary for 6
the prevention, control or removal of pest infestation of 7
plants under this Act. 8
`(3) An inspector may give the owner of a harvested crop that is 9
infested with a pest a notice (also an information notice) for 10
the crop. 11
`(4) The information notice may require the owner to give the 12
inspector the following information about the crop-- 13
(a) the genus, species, variety and type or class of the crop 14
plants for the crop; 15
(b) when the crop was harvested; 16
(c) the source of the crop plants for the crop; 17
(d) where the crop has been moved to; 18
(e) other information stated in the notice, if the inspector 19
considers the information to be reasonably necessary for 20
the prevention, control or removal of pest infestation of 21
plants under this Act. 22
`(5) A person to whom an information notice is given under this 23
section must comply with the notice unless the person has a 24
reasonable excuse. 25
Maximum penalty--400 penalty units. 26
`(6) When giving a person an information notice under this 27
section, the inspector must warn the person that it is an 28
offence not to comply with the notice if the person does not 29
have a reasonable excuse. 30
`(7) It is not a reasonable excuse for a person to fail to comply 31
with an information notice under this section that complying 32
with the notice might incriminate the person. 33
`(8) If an individual complies with an information notice, evidence 34
of, or evidence directly or indirectly derived from, the 35
s 18 23 s 18
Plant Protection Amendment Bill 2004
information given that might tend to incriminate the 1
individual is not admissible in evidence against the individual 2
in a civil or criminal proceeding, other than a proceeding for 3
an offence for which the falsity or misleading nature of the 4
information given is relevant.'. 5
Clause 18 Amendment of s 20A (Inspectors' powers--imminent risk 6
of infestation) 7
(1) Section 20A(9), penalty-- 8
omit, insert-- 9
`Maximum penalty--400 penalty units.'. 10
(2) Section 20A-- 11
insert-- 12
`(10A) The inspector may take any of the following steps as are 13
reasonable in the circumstances-- 14
(a) inspect anything on the land; 15
(b) monitor plant movements; 16
(c) photograph anything; 17
(d) test anything; 18
(e) take samples of anything for testing or identification; 19
(f) lay baits and set lures or traps. 20
`(10B) Subsection (10A) does not limit-- 21
(a) the reasonable steps the inspector may direct, take or 22
authorise under subsection (5); or 23
(b) the powers the inspector may exercise under 24
subsection (10).'. 25
(3) Section 20A(11) and (12), `and (10)'-- 26
omit, insert-- 27
`, (10) and (10A)'. 28
s 19 24 s 19
Plant Protection Amendment Bill 2004
Clause 19 Insertion of new pt 3, div 4 1
Part 3-- 2
insert-- 3
`Division 4 Surveillance to establish presence 4
or absence of pest 5
`20B Chief executive may authorise pest surveillance 6
program 7
`(1) The chief executive may authorise the conduct in the State of 8
a pest surveillance program. 9
`(2) The chief executive must ensure that each inspector who is 10
proposed by the chief executive to act in the pest surveillance 11
program is informed of-- 12
(a) the purpose of the program; and 13
(b) the nature and extent of the program, including the parts 14
of the State to which the program applies; and 15
(c) the extent to which the inspector is to act under the 16
program; and 17
(d) the extent to which authorised persons are to be directed 18
to act under the program. 19
`(3) The chief executive must also ensure that, to the extent 20
practicable in the circumstances, timely information about the 21
nature and extent of the program is advertised in communities 22
likely to be affected by the program. 23
`20C Purpose of pest surveillance program 24
`The purpose of a pest surveillance program must be stated in 25
the program, and must be limited to the following-- 26
(a) to confirm the presence, or find out the extent of the 27
presence, in the areas of the State to which the program 28
applies, of the pest to which the program applies; 29
(b) to confirm the absence, in the areas of the State to which 30
the program applies, of the pest to which the program 31
applies. 32
s 19 25 s 19
Plant Protection Amendment Bill 2004
`20D Circumstances required for pest surveillance 1
program 2
`(1) The chief executive may authorise the conduct in the State of 3
a pest surveillance program only if the circumstances stated in 4
this section apply. 5
`(2) Firstly, it must be the case that-- 6
(a) a notice or regulation (a relevant instrument) under 7
section 11 declaring the State or a part of the State to be 8
a quarantine area-- 9
(i) is in force under this Act; or 10
(ii) has been in force under this Act, but is no longer in 11
force; or 12
(b) an undertaking (also a relevant instrument) accepted by 13
the Minister under section 11-- 14
(i) is in force under this Act; or 15
(ii) has been in force under this Act, but is no longer in 16
force; or 17
(c) a direction (also a relevant instrument) given to the 18
owner of land by an inspector under section 13-- 19
(i) is in force under this Act; or 20
(ii) has been in force under this Act, but is no longer in 21
force. 22
`(3) Secondly it must be the case that, because of a circumstance 23
stated in subsection (2), it is necessary to establish the status 24
of the State, or of a part of the State, in relation to a pest (the 25
relevant pest) the subject of the relevant instrument. 26
`(4) To remove any doubt, it is declared that it does not matter 27
whether an area of the State to which the pest surveillance 28
program applies is an area that is or was the subject of a 29
relevant instrument. 30
`(5) In subsection (3)-- 31
necessary means necessary in the interests of 1 or more of the 32
following-- 33
(a) the prevention, control or removal of pest infestation of 34
plants in Queensland involving the relevant pest; 35
s 20 26 s 20
Plant Protection Amendment Bill 2004
(b) facilitating the movement of plants into or out of 1
Queensland. 2
`20E Taking action under a pest surveillance program 3
`(1) Actions taken under a pest surveillance program must be 4
limited to those that are reasonably necessary for achieving 5
the program's purpose. 6
`(2) Subject to subsection (1), an inspector, or an authorised 7
person acting under the direction of an inspector, may, at any 8
reasonable time, exercise any of the following powers on land 9
included in an area the subject of the program-- 10
(a) inspect anything on the land; 11
(b) monitor plant movements; 12
(c) photograph anything; 13
(d) test anything; 14
(e) take samples of anything for testing or identification; 15
(f) lay baits and set lures or traps. 16
`(3) This section does not limit the powers of an inspector under 17
division 3.'. 18
Clause 20 Amendment of s 21M (Application for reconsideration of 19
administrative decisions) 20
Section 21M(5)-- 21
insert-- 22
`decision of an administrative character under this Act does 23
not include a decision of the Minister, the chief executive or 24
an inspector if-- 25
(a) the decision is made-- 26
(i) under a regulation or notice under section 11 27
(a relevant instrument); or 28
(ii) otherwise under this Act, if the decision is 29
authorised, or purportedly authorised, under this 30
Act, having regard to a relevant instrument; and 31
s 21 27 s 23
Plant Protection Amendment Bill 2004
(b) the relevant instrument declares an area to be a 1
quarantine area; and 2
(c) the pest the subject of a pest infestation for which the 3
quarantine is declared is a notifiable pest under 4
section 12.'. 5
Clause 21 Amendment of s 21N (Decision on reconsideration) 6
Section 21N(3)(a), `or'-- 7
omit, insert-- 8
`and'. 9
Clause 22 Amendment of s 24 (Obstruction) 10
Section 24-- 11
insert-- 12
`(4) In this section-- 13
inspector includes an authorised person.'. 14
Clause 23 Insertion of new s 29A 15
After section 29-- 16
insert-- 17
`29A Executive officers must ensure corporation complies 18
with Act 19
`(1) The executive officers of a corporation must ensure the 20
corporation complies with this Act. 21
`(2) If a corporation commits an offence against a provision of this 22
Act, each of the corporation's executive officers also commits 23
an offence, namely, the offence of failing to ensure the 24
corporation complies with the provision. 25
Maximum penalty--the penalty for the contravention of the 26
provision by an individual. 27
`(3) Evidence that the corporation has been convicted of an 28
offence against a provision of this Act is evidence that each of 29
s 24 28 s 26
Plant Protection Amendment Bill 2004
the executive officers committed the offence of failing to 1
ensure the corporation complies with the provision. 2
`(4) However, it is a defence for an executive officer to prove-- 3
(a) if the officer was in a position to influence the conduct 4
of the corporation in relation to the offence, the officer 5
exercised reasonable diligence to ensure the corporation 6
complied with the provision; or 7
(b) the officer was not in a position to influence the conduct 8
of the corporation in relation to the offence.'. 9
Clause 24 Amendment of s 31 (Delegation by chief executive) 10
Section 31, from `power to'-- 11
omit, insert-- 12
`power to enter into intergovernmental agreements.'. 13
Clause 25 Insertion of new s 32A 14
After section 32-- 15
insert-- 16
`32A Limitation on time for starting proceedings 17
`A proceeding for an offence may be started within-- 18
(a) 1 year after the offence is committed; or 19
(b) 1 year after the offence comes to the complainant's 20
knowledge, but within 2 years after the offence is 21
committed.'. 22
Clause 26 Insertion of new pt 8 23
After section 35-- 24
insert-- 25
s 26 29 s 26
Plant Protection Amendment Bill 2004
`Part 8 Transitional and validation 1
provisions for Plant Protection 2
Amendment Act 2004 3
`36 Definitions for pt 8 4
`In this part-- 5
amending Act means the Plant Protection Amendment Act 6
2004. 7
canker notice means the Plant Protection (Canker) Notice 8
2004. 9
commencement means the commencement of this section. 10
interim period means the period from the beginning of 11
2 July 2004 until immediately before the commencement. 12
relevant area means an area declared to be a quarantine area 13
under a relevant pest quarantine instrument. 14
relevant pest quarantine instrument means a regulation or 15
notice under section 11 that was notified in the interim period. 16
`37 Validation of relevant pest quarantine instruments 17
`(1) A relevant pest quarantine instrument is taken to be, and 18
always to have been, as valid and effective as it would have 19
been if all provisions of the amending Act had been in force 20
for the interim period. 21
`(2) Without limiting, or being limited by, subsection (1), the 22
canker notice is, and it is declared always was from when it 23
was made, valid. 24
`(3) Subsections (1) and (2) do not have the effect of imposing 25
criminal liability retrospectively. 26
`(4) To remove any doubt, it is declared that on and from the 27
commencement, this Act, as amended by the amending Act, 28
applies to an area that is a pest quarantine area even though 29
the area became a pest quarantine area before the amending 30
Act commenced. 31
s 27 30 s 27
Plant Protection Amendment Bill 2004
`38 Application of s 11D for particular business 1
documents 2
`For the application of section 11D to a relevant area-- 3
(a) section 11D(1)(a) has application to the giving of a 4
document even if the giving happened before the 5
commencement, and whether the giving happened 6
before or after 2 July 2004; and 7
(b) in relation to the giving of a document before the 8
commencement, the relevant area is taken to have been 9
declared a quarantine area on the commencement. 10
`39 Application of s 21M to particular decisions in interim 11
period 12
`For the application of section 21M(5), definition decision of 13
an administrative character under this section-- 14
(a) a reference to a relevant instrument is taken to include a 15
reference to a relevant pest quarantine instrument; and 16
(b) a reference to a decision of the Minister, the chief 17
executive or an inspector is taken to include a reference 18
to a decision of the Minister, the chief executive or an 19
inspector made in the interim period. 20
`40 Transitional arrangements for identity card 21
requirements 22
`Until 6 months after the commencement or this section, or 23
until an earlier time stated under a regulation, part 2, 24
division 3 does not apply to inspectors who were appointed 25
before the commencement.'. 26
Clause 27 Insertion of new sch 1 27
Before the schedule-- 28
insert-- 29
s 27 31 s 27
Plant Protection Amendment Bill 2004
`Schedule 1 Serious pests 1
section 6O 2
`Part 1 Animals 3
Insects and mites 4
Common name Scientific name and author
khapra beetle Trogoderma granarium Everts
melon fly Bactrocera cucurbitae (Coquillett)
Oriental fruit fly Bactrocera dorsalis (Hendel)
papaya fruit fly Bactrocera papayae Drew and
Hancock
Philippine fruit fly Bactrocera philippinensis Drew and
Hancock
sugarcane borer Sesamia spp.
`Part 2 Pests associated with plant 5
disease 6
A. Organisms 7
Nematodes 8
Globodera rostochiensis (Wollenweber) Behrens (abbreviated
name--golden nematode)
s 28 32 s 28
Plant Protection Amendment Bill 2004
Bacteria 1
Clavibacter michiganensis subsp. sepedonicus (Spiek and Kotth.) Davies et
al.
Erwinia amylovora (Burrill) Winslow et al. (abbreviated name--fire blight)
"Liberobacter asiatica" Jagoueix et al.
Xanthomonas axonopodis pv. citri (Hasse) Vauterin
Xylella fastiodiosa Wells et al.
Fungi 2
Peronosclerospora sacchari (T. Miyake) Shirai and K. Hara
Tilletia indica Mitra
B. Viruses and viroids 3
Viruses 4
Plum pox virus'.
Clause 28 Amendment of schedule (Dictionary) 5
(1) Schedule-- 6
insert-- 7
`amending Act, for part 8, see section 36. 8
authorised person means a person who holds appointment as 9
an authorised person under section 6D. 10
business document, for an area, see section 6N. 11
business movement, for an area, see section 6M. 12
canker notice, for part 8, see section 36. 13
commencement, for part 8, see section 36. 14
executive officer, of a corporation, means a person who is 15
concerned with, or takes part in, the corporation's 16
s 29 33 s 30
Plant Protection Amendment Bill 2004
management, whether the person is a director or the person's 1
position is given the name of executive officer. 2
in, a place, includes at or on the place. 3
interim period, for part 8, see section 36. 4
relevant area, for part 8, see section 36. 5
relevant officer means-- 6
(a) an inspector; or 7
(b) an authorised person. 8
relevant pest quarantine instrument, for part 8, see 9
section 36. 10
serious pest see section 6O.'. 11
(2) Schedule, as amended-- 12
renumber as schedule 2. 13
Part 3 Amendment of Judicial Review 14
Act 1991 15
Clause 29 Act amended in pt 3 16
This part amends the Judicial Review Act 1991. 17
Clause 30 Amendment of sch 1 (Operation of other laws) 18
Schedule 1, part 1-- 19
insert-- 20
`5A Plant Protection Act 1991, section 11B'. 21
© State of Queensland 2004
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