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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Agriculture Legislation (Amendments and Repeals)
Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--PLANT HEALTH AND PLANT PRODUCTS 3
3. Amendment of purposes 3
4. Definition 3
5. New section 5A inserted 3
5A. Ministerial orders 3
6. Movement of prescribed material within Victoria 4
7. Notification 6
8. Disposal of plants, plant products, plant vectors, used packages,
used agricultural equipment, soil or beehives 7
9. Variation of penalties 8
10. Plant vectors in quarantine areas 9
11. Variation of penalties 10
12. Plant vectors in restricted areas and amended penalty 10
13. Importation orders 11
14. Contravention of importation orders 12
15. Repeal of sections 30 and 31--Labelling of seeds 12
16. Packages 12
17. Labelling with location of production code 13
18. Repeal of sections 36 to 38--Packing and description 13
19. Failure to comply with a compliance agreement 13
20. Delegation of order making powers to Secretary 13
21. Reduced compliance times 14
22. Inspectors powers 14
23. Consequential amendment 14
24. Power to detain used packages 14
25. Powers relating to suspected exotic pests or diseases 14
26. Infringement notices 15
27. New section 66A inserted 15
66A. Extension of time 15
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541275B.I1-9/5/2002 BILL LA CIRCULATION 22-10-2004
Clause Page
28. Offences relating to enforcement 15
29. New section 77 inserted 16
77. Further transitional provision 16
PART 3--SALE OF LAND 17
30. Statement of matters affecting land being sold 17
31. Insertion of new Part 3 in the Sale of Land Act 1962 17
PART 3--TRANSITIONAL PROVISIONS 17
37. Application of amendment to section 32--
Agriculture Legislation (Amendments and
Repeals) Act 2002 17
PART 4--REPEALS 18
32. Repeal of redundant Acts 18
ENDNOTES 19
ii
541275B.I1-9/5/2002 BILL LA CIRCULATION 22-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 8 May 2002
A BILL
to amend the Plant Health and Plant Products Act 1995 and the
Sale of Land Act 1962 and to repeal the Wheat Marketing Act 1989
and the Egg Industry (Deregulation) Act 1993 and for other
purposes.
Agriculture Legislation (Amendments
and Repeals) Act 2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to--
(a) amend the Plant Health and Plant
5 Products Act 1995 and the Sale of Land
Act 1962; and
1
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Agriculture Legislation (Amendments and Repeals) Act 2002
Act No.
Part 1--Preliminary
s. 2
(b) repeal the Wheat Marketing Act 1989 and
the Egg Industry (Deregulation) Act 1993.
2. Commencement
(1) This section and sections 1 and 32 come into
5 operation on the day after the day on which this
Act receives the Royal Assent.
(2) Subject to sub-sections (3) and (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
10 (3) If sections 30 and 31 do not come into operation
before 1 September 2002, those sections come
into operation on that day.
(4) If a provision of this Act does not come into
operation before 31 December 2003, it comes into
15 operation on that day.
__________________
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Agriculture Legislation (Amendments and Repeals) Act 2002
Act No.
Part 2--plant health and plant products
s. 3
PART 2--PLANT HEALTH AND PLANT PRODUCTS
3. Amendment of purposes
See:
In section 1(a) of the Plant Health and Plant Act No.
Products Act 1995 after "the" insert 51/1995.
5 Reprint No. 1
"preventing,". as at
8 August 1997
and
amending
Act Nos
26/1998,
46/1998,
52/1998,
83/1998 and
62/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Definition
In section 3(1) of the Plant Health and Plant
Products Act 1995 insert the following
definition--
10 ' "plant vector", in relation to an exotic pest or
disease, means any livestock or livestock
product within the meaning of the Livestock
Disease Control Act 1994 that is a vector of
the exotic pest or disease;'.
15 5. New section 5A inserted
After section 5 of the Plant Health and Plant
Products Act 1995 insert--
"5A. Ministerial orders
(1) The Minister may make any orders that are
20 permitted or required for the purposes of this
Act.
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Act No.
Part 2--plant health and plant products
s. 6
(2) Without affecting the generality of sub-
section (1), if the Minister is of the opinion
that--
(a) an organism of the plant or animal
5 kingdom (other than vertebrates); or
(b) any bacterium, fungus, protozoa,
phytoplasma, virus or viroid; or
(c) a disorder, condition or cause of
specified symptoms in plants or plant
10 products--
(a suspected exotic pest or disease) is
harmful to the growth or quality (including
the commercial or marketable quality) of
plants or plant products, the Minister may,
15 by order published in the Government
Gazette, declare the suspected pest or disease
to be an exotic pest or disease.
(3) An order made under sub-section (2) may
declare the exotic pest or disease by
20 reference to one or both of the following--
(a) a general description of the organism,
bacterium, fungus, protozoa,
phytoplasma, virus or viroid, disorder,
condition or symptoms;
25 (b) a description of the effect the suspected
exotic pest or disease has on the growth
or quality (including the commercial or
marketable quality) of plants or plant
products.
30 (4) An order under sub-section (3) remains in
force for 28 days after the date of making
unless sooner revoked by the Minister.".
6. Movement of prescribed material within Victoria
(1) Insert the following heading to section 6 of the
35 Plant Health and Plant Products Act 1995--
4
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Agriculture Legislation (Amendments and Repeals) Act 2002
Act No.
Part 2--plant health and plant products
s. 6
"Importation, movement and possession of
prescribed material, plants and plant products".
(2) In section 6 of the Plant Health and Plant
Products Act 1995--
5 (a) in sub-section (1) after paragraph (a)
insert--
"(ab) introduce or bring prescribed material
into any part of Victoria from another
part of Victoria that is declared by
10 order of the Minister to be a restricted
area; or";
(b) for the penalty at the foot of sub-section (1)
substitute--
"Penalty: 50 penalty units, in the case of a
15 natural person.
100 penalty units in the case of a
body corporate.".
(c) for the penalty at the foot of sub-section (1A)
substitute--
20 "Penalty: 50 penalty units, in the case of a
natural person.
100 penalty units in the case of a
body corporate.".
(d) in sub-section (2)(c), after "purposes" insert
25 "or purposes of protecting the environment
or furthering agricultural interests";
(e) in sub-section (2)(d) before "with" insert "in
accordance";
(f) in sub-section (4), for paragraphs (a), (b) and
30 (c) substitute--
"(a) plant, plant product or plant vector;
(b) used package or used agricultural
equipment;
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Act No.
Part 2--plant health and plant products
s. 7
(c) soil;
(d) beehive--".
(3) After section 6(3) of the Plant Health and Plant
Products Act 1995 insert--
5 "(3A) The Minister may grant consent for the
purposes of this section--
(a) that applies generally to the
importation, movement or possession
of samples of plants or plant products
10 from another State or Territory for
diagnosis by a plant testing laboratory
in Victoria except samples of plants or
plant products known to be infected or
infested by an exotic pest or disease;
15 and
(b) that is unconditional or is subject to
conditions.".
7. Notification
In section 7(1) of the Plant Health and Plant
20 Products Act 1995--
(a) in paragraph (b) for "person--" substitute
"person; or";
(b) after paragraph (b) insert--
"(c) dealt with by that person as--
25 (i) a consultant or contractor engaged
by a person referred to in
paragraph (a) or (b); or
(ii) the owner or person in charge of a
diagnostic laboratory--".
6
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Agriculture Legislation (Amendments and Repeals) Act 2002
Act No.
Part 2--plant health and plant products
s. 8
8. Disposal of plants, plant products, plant vectors, used
packages, used agricultural equipment, soil or
beehives
(1) In section 10(1) of the Plant Health and Plant
5 Products Act 1995--
(a) for "plant product, used package, used
agricultural equipment or soil" substitute
"plant product, plant vector, used package,
used agricultural equipment, soil or
10 beehive";
(b) for "plant product, package, agricultural
equipment or soil" substitute "plant product,
plant vector, used package, used agricultural
equipment, soil or beehive".
15 (2) In section 10(2) of the Plant Health and Plant
Products Act 1995 for "plant product, package,
agricultural equipment or soil" (where twice
occurring) substitute "plant product, plant vector,
used package, used agricultural equipment, soil or
20 beehive".
(3) After section 10(2) of the Plant Health and Plant
Products Act 1995 insert--
"(3) If any plant, plant product, plant vector, used
package, used agricultural equipment, soil or
25 beehive is introduced into--
(a) Victoria; or
(b) a control area declared by the Governor
in Council under section 9; or
(c) a quarantine area or restricted area--
30 contrary to any provision of this Act or an
order made under this Act, an inspector may,
by direction in writing given to the owner or
person apparently in charge of the plant,
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Agriculture Legislation (Amendments and Repeals) Act 2002
Act No.
Part 2--plant health and plant products
s. 9
plant product, plant vector, package,
agricultural equipment, soil or beehive,
require that owner or person to do one of the
following in accordance with the
5 requirements of the direction--
(d) return the plant, plant product, plant
vector, package, agricultural
equipment, soil or beehive to the
consignor;
10 (e) treat the plant, plant product, plant
vector, package, agricultural
equipment, soil or beehive;
(f) dispose of the plant, plant product,
plant vector, package, agricultural
15 equipment, soil or beehive.
(4) A person who has been given a direction in
writing under sub-section (3) must return the
plant, plant product, plant vector, package,
agricultural equipment, soil or beehive to the
20 consignor in accordance with the
requirements of the direction or treat or
dispose of the plant, plant product, plant
vector, package, agricultural equipment, soil
or beehive in accordance with the
25 requirements of the direction.
Penalty: 50 penalty units.".
9. Variation of penalties
In the Plant Health and Plant Products Act
1995--
30 (a) for the penalty at the foot of section 12(2),
(3) and (4) substitute--
"Penalty: 50 penalty units, in the case of a
natural person.
100 penalty units in the case of a
35 body corporate.";
8
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Agriculture Legislation (Amendments and Repeals) Act 2002
Act No.
Part 2--plant health and plant products
s. 10
(b) for the penalty at the foot of section 13(4),
substitute--
"Penalty: 25 penalty units, in the case of a
natural person.
5 50 penalty units in the case of a
body corporate.";
(c) for the penalty at the foot of section 14(2),
substitute--
"Penalty: 50 penalty units, in the case of a
10 natural person.
100 penalty units in the case of a
body corporate.".
10. Plant vectors in quarantine areas
(1) After section 17(2) of the Plant Health and Plant
15 Products Act 1995 insert--
"(3) If the Minister is satisfied that any livestock
or livestock product within the meaning of
the Livestock Disease Control Act 1994 is a
vector of an exotic pest or disease, the
20 Minister may specify in an order under sub-
section (1) any prohibitions, restrictions or
requirements which are to operate in the
quarantine area or part of the quarantine area
with respect to that vector and the order must
25 identify the classes or description of vector
that are affected by the order.".
(2) In section 19(1)(c) of the Plant Health and Plant
Products Act 1995 for "plant product, used
package, vehicle, used agricultural equipment or
30 soil" substitute "plant product, plant vector, used
package, vehicle, used agricultural equipment, soil
or beehive".
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Agriculture Legislation (Amendments and Repeals) Act 2002
Act No.
Part 2--plant health and plant products
s. 11
11. Variation of penalties
For the penalty at the foot of section 19(1) of the
Plant Health and Plant Products Act 1995
substitute--
5 "Penalty: 50 penalty units, in the case of a natural
person.
200 penalty units in the case of a body
corporate.".
12. Plant vectors in restricted areas and amended penalty
10 (1) In section 20(2) of the Plant Health and Plant
Products Act 1995 for "soil, bees, honey,
beeswax, honeycomb, beehives or pollen"
substitute "soil or beehives".
(2) After section 20(2) of the Plant Health and Plant
15 Products Act 1995 insert--
"(2A) If the Minister is satisfied that any livestock
or livestock product within the meaning of
the Livestock Disease Control Act 1994 is a
vector of an exotic pest or disease, the
20 Minister may specify in an order under sub-
section (1) any prohibitions, restrictions or
requirements which are to operate in the
restricted area with respect to that vector and
the order must identify the classes or
25 description of vector that are affected by the
order.".
(3) In section 21(1)(a) of the Plant Health and Plant
Products Act 1995 for "used packages, used
agricultural equipment, soil, bees, honey,
30 beeswax, honeycomb, beehives or pollen"
substitute "plant vectors, used packages, used
agricultural equipment, soil or beehives".
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Agriculture Legislation (Amendments and Repeals) Act 2002
Act No.
Part 2--plant health and plant products
s. 13
(4) For the penalty at the foot of section 21(1) of the
Plant Health and Plant Products Act 1995
substitute--
"Penalty: 50 penalty units, in the case of a natural
5 person.
100 penalty units in the case of a body
corporate.".
(5) In section 22(1) of the Plant Health and Plant
Products Act 1995--
10 (a) in paragraph (a)(i) for "or plant product"
substitute ", plant product or plant vector";
(b) in paragraph (a) for sub-paragraph (iv)
substitute--
"(iv) any beehive--";
15 (c) in paragraphs (b), (c) and (k) for "and plant
products" substitute ", plant products and
plant vectors";
(d) in paragraphs (e), (f), (g), (i), (j), (l) and (m)
after "plant products," insert "plant
20 vectors,".
13. Importation orders
(1) In section 24(1) and (2) of the Plant Health and
Plant Products Act 1995 for "used packages,
soil, bees, honey, beeswax, honeycomb, beehives
25 or pollen" (wherever occurring) substitute "plant
vectors, used packages, soil or beehives".
(2) In section 24(3) of the Plant Health and Plant
Products Act 1995 for "used package, soil, bees,
honey, beeswax, honeycomb, beehives or pollen"
30 (wherever occurring) substitute "plant vectors,
used package, soil or beehives".
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Agriculture Legislation (Amendments and Repeals) Act 2002
Act No.
Part 2--plant health and plant products
s. 14
14. Contravention of importation orders
In section 25 of the Plant Health and Plant
Products Act 1995--
(a) for "used package, soil, bees, honey,
5 beeswax, honeycomb, beehives or pollen"
substitute " plant vectors, used packages,
soil or beehives";
(b) for "200 penalty units" substitute
"50 penalty units, in the case of a natural
10 person, and not exceeding 200 penalty units,
in the case of a body corporate".
15. Repeal of sections 30 and 31--Labelling of seeds
Sections 30 and 31 of the Plant Health and Plant
Products Act 1995 are repealed.
15 16. Packages
(1) In section 34(1) of the Plant Health and Plant
Products Act 1995, for "clean" substitute "clean
to touch and free of extraneous visible matter and
objectionable odour".
20 (2) For section 34(2) of the Plant Health and Plant
Products Act 1995, substitute--
"(2) An inspector may by order, orally or in
writing, require used packages referred to in
sub-section (1)--
25 (a) to be subject to a specified treatment or
a specified course of treatment or to be
subject to other action of a specified
kind for the purpose of ensuring
compliance with sub-section (1);
30 (b) to be destroyed or disposed of in a
specified manner;
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Agriculture Legislation (Amendments and Repeals) Act 2002
Act No.
Part 2--plant health and plant products
s. 17
(c) to be cleaned, repaired or otherwise
treated in a specified manner.
(3) A person must not contravene any written
direction of an inspector under sub-
5 section (2).
Penalty: 50 penalty units.".
17. Labelling with location of production code
In section 35(1)(e) of the Plant Health and Plant
Products Act 1995 after "were grown" insert "or
10 a code indicating the location of their packing or
production that is approved for use by that person
by the Secretary".
18. Repeal of sections 36 to 38--Packing and description
Sections 36, 37 and 38 of the Plant Health and
15 Plant Products Act 1995 are repealed.
19. Failure to comply with a compliance agreement
For section 43(6) of the Plant Health and Plant
Products Act 1995 substitute--
"(6) A party to a compliance agreement must
20 ensure that any requirements imposed on that
party under the agreement are complied with.
Penalty: 100 penalty units.
(6A) It is a defence to a charge under sub-section
(6) if the person alleged to have committed
25 the offence establishes that he or she took all
reasonable steps to ensure compliance with
the agreement.".
20. Delegation of order making powers to Secretary
(1) In section 44(1) of the Plant Health and Plant
30 Products Act 1995 after "sections" insert "5A,".
(2) After section 44(2) of the Plant Health and Plant
Products Act 1995 insert--
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Agriculture Legislation (Amendments and Repeals) Act 2002
Act No.
Part 2--plant health and plant products
s. 21
"(3) The Minister may by instrument delegate to
the Secretary the power of the Minister under
section 5A.".
21. Reduced compliance times
5 At the end of section 48 of the Plant Health and
Plant Products Act 1995 insert--
"(2) Despite sub-section (1)(c), an inspector or
the Secretary may fix a time, of not less than
2 days, on which an order, direction or notice
10 comes into effect or must be carried out or
complied with if the inspector or Secretary is
satisfied that it is necessary to do so.".
22. Inspectors powers
In section 52(1)(e) of the Plant Health and Plant
15 Products Act 1995 after "document" (where first
occurring) insert "that is required by or under this
Act and any other document".
23. Consequential amendment
Section 53(1)(d) of the Plant Health and Plant
20 Products Act 1995 is repealed.
24. Power to detain used packages
After section 54(1) of the Plant Health and Plant
Products Act 1995 insert--
"(1A) An inspector may detain any package that
25 has been used, or is to be used, for packing
for sale any fruit, vegetables or nuts and does
not comply with section 34 for a period not
exceeding 48 hours to complete an
inspection and examination of the package.".
30 25. Powers relating to suspected exotic pests or diseases
In section 59(1) of the Plant Health and Plant
Products Act 1995 after "an exotic pest or
disease" insert "or any plant or plant product that
the inspector has reasonable grounds for
14
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Agriculture Legislation (Amendments and Repeals) Act 2002
Act No.
Part 2--plant health and plant products
s. 26
suspecting is infected or infested with an exotic
pest or disease".
26. Infringement notices
(1) In section 60(1) of the Plant Health and Plant
5 Products Act 1995 for "9(4), 31, 32, 35, 38, 39,
41, 42" substitute "6, 9(4), 12, 13, 14, 19, 21, 22,
25, 29, 32, 34, 35, 39, 41, 42, 53(3), 54(4)".
(2) In section 63 of the Plant Health and Plant
Products Act 1995 for "2 penalty units"
10 substitute "10 penalty units in the case of a
natural person and 40 penalty units in the case of a
body corporate".
27. New section 66A inserted
After section 66 of the Plant Health and Plant
15 Products Act 1995 insert--
"66A. Extension of time
Despite section 26 of the Magistrates'
Court Act 1989, proceedings for an offence
under sections 6(1), (1A) and (2), 7(1), 9(3)
20 and (4), 19(1), 21(1), 22(3), 25, 28(1), 43(6),
71(1)(h), 71A, 71B and 71C(1) and (2) may
be commenced within 3 years after the
commission of the alleged offence.".
28. Offences relating to enforcement
25 In section 71 of the Plant Health and Plant
Products Act 1995--
(a) in sub-section (1)(a) after "obstruct" insert
"or hinder";
(b) for the penalty at the foot of sub-section (1)
30 substitute--
"Penalty: 60 penalty units.".
15
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Agriculture Legislation (Amendments and Repeals) Act 2002
Act No.
Part 2--plant health and plant products
s. 29
29. New section 77 inserted
After section 76 of the Plant Health and Plant
Products Act 1995 insert--
"77. Further transitional provision
5 Section 66A does not apply to an offence
under this Act that is alleged to have been
committed before the commencement of
section 27 of the Agriculture Legislation
(Amendments and Repeals) Act 2002.".
__________________
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541275B.I1-9/5/2002 BILL LA CIRCULATION 22-10-2004
Agriculture Legislation (Amendments and Repeals) Act 2002
Act No.
Part 3--sale of land
s. 30
PART 3--SALE OF LAND
30. Statement of matters affecting land being sold
See:
In section 32(2) of the Sale of Land Act 1962, Act No.
after paragraph (ca) insert-- 6975.
Reprint No. 11
"(cb) a warning to the following effect-- as at
6 December
5 'Important notice to purchasers: 2000
and
amending
The property may be located in an area
Act Nos
where commercial agricultural production 74/2000,
11/2001 and
activity may affect your enjoyment of the
26/2001.
property. It is therefore in your interest to LawToday:
10 www.dms.
undertake an investigation of the possible
dpc.vic.
amenity and other impacts from nearby gov.au
properties and the agricultural practices and
processes conducted there.' ".
31. Insertion of new Part 3 in the Sale of Land Act 1962
15 In the Sale of Land Act 1962, after Part 2
insert--
"PART 3--TRANSITIONAL PROVISIONS
37. Application of amendment to section 32--
Agriculture Legislation (Amendments and
20 Repeals) Act 2002
Despite the commencement of section 30 of
the Agriculture Legislation (Amendments
and Repeals) Act 2002, section 32, as in
force immediately before that
25 commencement, continues to apply to any
contract for the sale of land entered into
before that commencement.".
__________________
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Agriculture Legislation (Amendments and Repeals) Act 2002
Act No.
part 4--repeals
s. 32
PART 4--REPEALS
32. Repeal of redundant Acts
Act No. (1) The Egg Industry (Deregulation) Act 1993 is
47/1993.
repealed.
5 Act No. (2) The Wheat Marketing Act 1989 is repealed.
46/1989.
18
541275B.I1-9/5/2002 BILL LA CIRCULATION 22-10-2004
Agriculture Legislation (Amendments and Repeals) Act 2002
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
19
541275B.I1-9/5/2002 BILL LA CIRCULATION 22-10-2004
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