Victorian Consolidated Legislation

PLANT HEALTH AND PLANT PRODUCTS ACT 1995

No. 51 of 1995
Version incorporating amendments as at 8 February 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Definitions
   4.      Binding of Crown
   5.      Orders in Council
   5A.     Ministerial orders

   PART 2-PLANT PEST AND DISEASE CONTROL

           Division 1-General controls

   6.      Importation, movement and possession of prescribed material, plants and plant products
   7.      Notification of plant pests or diseases
   8.      Prohibition on sale of diseased seeds etc.

           Division 2-Control areas

   9.      Declaration of control areas

           Division 3-Control measures

   10.     Destruction or disposal of plants etc.
   11.     Treatment or disposal of diseased plants etc.
   12.     Infested land notice
   13.     Control notices
   14.     Disposal of plant refuse etc.

   PART 3-EXOTIC PESTS AND DISEASES

           Division 1-Preliminary

   15.     Application of this Part to land
   16.     Application of this Part to plants etc.

           Division 2-Declared areas

   17.     Declaration of quarantine area
   18.     Notice of order declaring quarantine area
   19.     Permit for entry or exit
   20.     Declaration of restricted area
   21.     Permits for activity in restricted area
   22.     Further powers under orders
   23.     Duration of orders

           Division 3-Importation orders

   24.     Border security
   25.     Contravention of importation order
   26.     Notification of importation order
   27.     Duration of importation order

           Division 4-Special provisions

   28.     Possession or administration of exotic disease agents
   28A.    Protection of actions relating to areas where exotic pest or disease exists

           Division 5-Testing

   29.     Testing for exotic pests or diseases

   PART 4-PLANTS AND PLANT PRODUCTS

           Division 1-Seeds

           30, 31. Repealed
   32.     Sale of prohibited seeds

           Division 2-Fruit, vegetable and nuts

   33.     Application
   34.     Packages to be sound and clean
   35.     Marking or labelling where produce grown
           36-38. Repealed

           Division 3-Plant and plant product identification

   39.     Identification of plants or plant products for propagation

   PART 5-CERTIFICATION SCHEMES

   40.     Certification schemes
   41.     Varietal names
   42.     Restriction of use of certain terms

   PART 6-COMPLIANCE AGREEMENTS AND ACCREDITATION

   43.     Compliance agreements
   43A.    Accreditation
   43B.    Register
   43C.    Amendment and cancellation
   43D.    Suspension

   PART 7-ADMINISTRATION

           Division 1-General

   44.     Delegations by Minister
   45.     Delegations by Secretary
   46.     Fees and charges
   47.     Protection of persons assisting inspector
   48.     Requirements for orders etc. under Part 2.
   49.     Non-compliance under order

           Division 2-Review of decisions

   50.     Review of decisions

   PART 8-ENFORCEMENT

           Division 1-Inspectors

   51.     Inspectors

           Division 1A-Approved inspection services

   51A.    Approved inspection services
   51B.    Agreements relating to approved inspection services
   51C.    Approved inspection services and employed or appointed inspectors
   51D.    Powers of inspection agents
   51E.    Identification of inspection agents of approved inspection services
   51F.    Fees
   51G.    Application of FOI
   51H.    Investigation of administrative actions

           Division 2-General powers of inspector

   52.     General powers of inspectors
   52A.    Search warrants
   52B.    Announcement before entry
   52C.    Details of warrant to be given to occupier
   52D.    Seizure of documents not mentioned in the warrant
   52E.    Copies of seized documents
   53.     Inspector's powers of detention and seizure
   54.     Inspector's powers of detention
   55.     Procedures on taking samples
   56.     Power to enter private property to lay baits etc.
   57.     Road barriers

           Division 3-Additional powers of inspectors for exotic pests and diseases

   58.     Search and entry and other powers
   59.     Power to obtain information

           Division 4-Infringement notices

   60.     Power to serve a notice
           61, 62. Repealed
   63.     Penalties to be paid for offences under infringement notices
           64, 65. Repealed

           Division 5-Provisions related to court proceedings

   66.     Power to file charges under this Act
   66A.    Extension of time
   67.     Service of documents
   68.     Offences by bodies corporate
   69.     Deemed proof with regard to samples

           Division 6-General

   70.     Evidence of certain matters
   71.     Offences relating to enforcement
   71A.    Offences about certification
   71B.    False statement in certificates and declarations
   71C.    Alterations to certificates and declarations
   71D.    Release of information
   71E.    Supreme Court-limitation of jurisdiction

   PART 9-REGULATIONS

   72.     Regulations

   PART 10-REPEALS, AMENDMENTS AND TRANSITIONAL PROVISIONS

   73.     Agricultural Industry Development Act
   74.     Repeal of plant disease control legislation
   75.     Consequential amendment of other Acts
   76.     Transitional and saving provisions
   77.     Further transitional provision
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details