PLANT BIOSECURITY ACT 2010
Table of Provisions
PART 1--PRELIMINARY
PART 2--PLANT PEST AND DISEASE CONTROL
Division 1--General controls
Division 2--Control areas
- 19 Declaration of control areas
- 20 Restrictions on movement of material into or from control area
- 21 Permits for movement of material into or from control area
Division 3--Control measures
PART 3--EXOTIC PESTS AND DISEASES
Division 1--Preliminary
- 28 Application of this Part to land
- 29 Application of this Part to plants etc.
Division 2--Declared areas
Division 3--Importation orders
Division 4--Special provisions
Division 5--Testing
PART 5--COMPLIANCE AGREEMENTS, AUTHORISATION AND ACCREDITATION
- 47 Compliance agreements
- 47A Authorisation of persons to issue plant health declarations
- 48 Accreditation
- 49 Register
- 50 Amendment and cancellation
- 51 Suspension
- 52 Grounds for cancellation or suspension
PART 6--ADMINISTRATION
Division 1--General
- 53 Delegations by Minister
- 54 Delegations by Secretary
- 55 Fees and charges
- 56 When and how the power to fix fees or charges may be exercised
- 57 Requirements for orders etc. under Part 2
- 58 Non-compliance under order
- 59 Review of Minister's determination on costs
- 59A Notice of debt to be served on prescribed owner of land
- 59B Amounts owing to be a charge on the land
- 59C Recording of charge
- 59D Certificate of Secretary
Division 2--Review of decisions
PART 7--ENFORCEMENT
Division 1--Inspectors
Division 2--Approved inspection services
Division 3--General powers of inspectors
- 75 Purpose of exercise of powers
- 76 Power to enter and inspect premises
- 77 Power to stop and inspect vehicles
- 78 Power to require information
- 79 Powers regarding production of documents
- 80 Powers to inspect
- 81 Power to take samples
- 82 Power to take photographs, etc.
- 83 Power to attach warnings
Division 4--Further powers of inspectors
- 84 Inspector may use assistants
- 85 Inspector must reseal inspected packages
- 86 Use of electronic equipment at premises
- 87 Copying information on electronic storage devices
- 88 Use only if no damage to equipment
- 89 Application for search warrants
- 90 Application for warrants for access to residences
- 91 Information to be included in a search warrant
- 92 Announcement before entry
- 93 Details of warrant to be given to occupier
- 94 Seizure of evidence not mentioned in the warrant
- 95 Copies of seized documents
- 96 Powers of detention and seizure
- 97 Inspector must give notice of detention or seizure
- 98 Offence to remove detained or seized items without authority
- 99 Return of detained or seized items after examination
- 100 Retention of detained or seized items after examination
- 101 Secretary to provide directions
- 102 Compliance with directions
- 103 Power to take legal proceedings not affected
- 104 Inspector's powers of detention
- 105 Procedures on taking samples
- 106 Retention and return of seized documents or other things
- 107 Magistrates' Court may extend 3 month period
- 108 Power to enter private property to lay baits etc.
- 109 Road barriers
- 110 Signs regarding road barriers or inspectors
- 111 Inspector may stop vehicles at road barriers
- 112 Inspector may require access to ratepayer details
- 113 Search and entry powers
- 114 Power to stop and search vehicles
- 115 Power to stop movement of material
- 116 Power to remove material
- 117 Power to obtain information
- 118 No privilege against self-incrimination
Division 6--Infringement notices
- 119 Power to serve a notice
- 120 Penalties to be paid for offences under infringement notices
Division 7--Power to accept undertakings relating to contraventions
- 121 Secretary may accept undertakings
- 122 Enforcement of undertakings
- 123 Copy of undertaking
Division 8--Provisions related to court proceedings
- 124 Power to file charges under this Act
- 125 Extension of time
- 126 Service of documents
- 127 Offences by bodies corporate
- 128 Conduct by officers, employees or agents of a body corporate
- 129 Deemed proof with regard to samples
- 130 Adverse publicity orders
Division 9--General
- 131 Evidence of certain matters
- 132 Offences relating to enforcement
- 133 Offences about certification
- 133A Offences about authorisation
- 134 False statements in certificates and declarations
- 135 Alterations to certificates and declarations
- 136 Release of information
PART 8--GENERAL
- 137 No appeal or review of decisions under section 42
- 138 Protection of court actions
- 139 Supreme Court—limitation of jurisdiction
- 140 Power to approve forms
- 141 Regulations
PART 9--REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS