PLANT BIOSECURITY ACT 2010 - SECT 141 Regulations

PLANT BIOSECURITY ACT 2010 - SECT 141

    (1)         The Governor in Council may make regulations for or with respect to—

        (a)     prohibiting or controlling the movement of plants, plant products, used packages, used equipment or earth material which are likely to spread any pests or disease;

S. 141(1)(b) amended by No. 40/2019 s. 83(1).

        (b)     securing the effectual treatment of plants, plant products, plant vectors, plant refuse, used equipment, used packages, earth material or beehives affected by or which may be affected by pests or diseases and the effectual control or eradication of any pest or disease and the destruction of any plant, plant product, plant vector, plant refuse, used package, used equipment, earth material or beehive which may be affected with a pest or disease;

S. 141(1)(ba) inserted by No. 40/2019 s. 83(2).

        (ba)     requirements for the testing of plants, plant products, plant vectors, used packages, used equipment, earth materials or beehives;

S. 141(1)(bb) inserted by No. 40/2019 s. 83(2).

        (bb)     requirements for the condition of plants, plant products, plant vectors, used packages, used equipment, earth materials or beehives;

S. 141(1)(c) substituted by No. 22/2022 s. 164.

        (c)     authorising and requiring inspectors to impose fees and charges of such amounts or rates as the Minister may determine for—

              (i)     inspecting plants, plant products, plant vectors, used packages, used equipment, beehives or land; or

              (ii)     supervising the treatment of any plant, plant product, plant vector, used package, used equipment, earth material or beehive; or

              (iii)     supervising the destruction or disposal of any plant, plant product, plant vector, plant refuse, used package, used equipment, earth material or beehive; or

              (iv)     the preparation of a compliance agreement and ensuring that the agreement is complied with;

        (d)     exempting any person, place, plant or plant product from the application of this Act, whether wholly or partially or subject to conditions, restrictions or limitations;

        (e)     requirements for the packing of fruit, vegetables and nuts for human consumption for sale;

        (f)     the markings to be placed on packages containing fruit, vegetables or nuts for sale and prohibiting the use of marks other than those prescribed;

        (g)     prescribing a system for lodging and issuing electronic copies of plant health certificates, assurance certificates and plant health declarations in a manner consistent with the Electronic Transactions (Victoria) Act 2000 ;

        (h)     prescribing the size, form and quality of labels required to be attached to packages of plants or plant products;

              (i)     prescribing the manner and size of printing or writing and any particulars to be set out on any package of plants, plant products or any label to the package;

        (j)     prescribing, generally, any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

    (2)     The regulations—

        (a)     may be of general or limited application; and

        (b)     may differ according to differences in time, place or circumstances; and

        (c)     may leave any matter to be approved or determined by an inspector or the Secretary; and

        (d)     may confer powers or impose duties on any person; and

        (e)     may apply, adopt or incorporate by reference any document either—

              (i)     as in force at the date of the regulations or at any date before then; or

              (ii)     wholly or in part or as amended by the regulations; and

        (f)     may require any application, return or other document required by this Act to be verified by statutory declaration; and

        (g)     may impose penalties not exceeding 10 penalty units for any contravention of the regulations.

    (3)     Without limiting subsections (1) and (2), for the purposes of Part 2, the regulations may limit or restrict the persons or class of persons authorised or permitted by the Act to issue plant health declarations in relation to particular prescribed material or classes of prescribed material.    

    (4)     The regulations may be disallowed in whole or in part by resolution of the Parliament in accordance with the requirements of section 23(2) of the Subordinate Legislation Act 1994 .

Part 9—Repeal, savings and transitional provisions