PLANT BIOSECURITY ACT 2010 (NO. 60 OF 2010) - SECT 26 Control notices

PLANT BIOSECURITY ACT 2010 (NO. 60 OF 2010) - SECT 26

    (1)     This section applies if an inspector knows or reasonably suspects that any plant, plant product, used package, used equipment or earth material is or might become affected by a pest or disease.

    (2)     The inspector may issue a notice to the person who owns or has possession or control of the plant, plant product, used package, used equipment or earth material containing any orders or directions that the inspector considers may be reasonably necessary to prevent the outbreak or spread of the pest or disease.

    (3)     A notice under subsection (2) may contain orders or directions in relation to any plant, plant product, used package, used equipment or earth material that is or might become affected by the pest or disease requiring any of the following—

        (a)     that it be kept at a specified place for a specified period;

        (b)     that it be subjected to specified treatment;

        (c)     that it be subjected to examinations at specified intervals or that other specified action be taken for the purposes of determining the presence of a pest or disease;

        (d)     that its sale or supply or the purposes for which it may be used be restricted;

        (e)     that it be destroyed or disposed of in a specified manner.

    (4)     The inspector must cause a notice under subsection (2) to be served on the person referred to in that subsection.

    (5)     A person served with a notice under subsection (2) must not contravene or fail to comply with any order or direction in the notice.

Penalty:     In the case of a natural person, 10 penalty units;

In the case of a body corporate, 50 penalty units.