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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Seeds Amendment Bill 2007
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 3 amended 2
5. Section 4 amended 3
6. Section 6 amended 3
7. Section 7 amended 3
8. Section 8 amended 3
9. Section 9 amended 3
10. Section 10 amended 4
11. Section 12 amended 4
12. Section 13 amended 4
13. Section 13A inserted 5
13A. Possession of unsaleable seed 5
14. Section 15 amended 6
15. Section 16 amended 6
16. Section 17 amended 7
17. Section 26 amended 7
209--1 page i
Western Australia
LEGISLATIVE COUNCIL
Seeds Amendment Bill 2007
A Bill for
An Act to amend the Seeds Act 1981.
The Parliament of Western Australia enacts as follows:
page 1
Seeds Amendment Bill 2007
s. 1
1. Short title
This is the Seeds Amendment Act 2007.
2. Commencement
This Act comes into operation on the day after the day on which
5 this Act receives the Royal Assent.
3. The Act amended
The amendments in this Act are to the Seeds Act 1981*.
[* Reprinted as at 22 November 2002.
For subsequent amendments see Western Australian
10 Legislation Information Tables for 2006, Table 1.]
4. Section 3 amended
(1) Section 3(1) is amended by deleting the definition of
"prohibited seed" and inserting instead --
"
15 "prohibited seed" means a seed, or type or class of
seed, or seed with specified characteristics,
declared by the Minister under section 12 to be
prohibited seed;
".
20 (2) Section 3(1) is amended by inserting in the appropriate
alphabetical position --
"
"prohibited seed content" means a specified
percentage of --
25 (a) any type or class of seed; or
(b) seed with specified characteristics,
within a seed lot, declared by the Minister under
section 12 to be prohibited seed content;
".
page 2
Seeds Amendment Bill 2007
s. 5
5. Section 4 amended
Section 4(2) is amended by inserting after "seed lot to" --
" , or possession or control of a seed lot by, ".
6. Section 6 amended
5 Section 6 is amended by deleting "$1 000." and inserting
instead --
" a fine of $20 000. ".
7. Section 7 amended
(1) Section 7(1) is amended by deleting "$2 000." and inserting
10 instead --
" a fine of $20 000. ".
(2) Section 7(3) is amended by deleting "$1 000." and inserting
instead --
" a fine of $20 000. ".
15 8. Section 8 amended
Section 8 is amended by deleting "$2 000." and inserting
instead --
" a fine of $20 000. ".
9. Section 9 amended
20 (1) Section 9(2) is amended by deleting "$1 000." and inserting
instead --
" a fine of $20 000. ".
(2) Section 9(3) is amended by deleting "$1 000." and inserting
instead --
25 " a fine of $20 000. ".
page 3
Seeds Amendment Bill 2007
s. 10
10. Section 10 amended
Section 10(1) is amended as follows:
(a) in paragraph (b) by inserting after "prohibited seed," --
" prohibited seed content, ";
5 (b) by inserting after "does not contain any prohibited
seed," --
" any prohibited seed content, ".
11. Section 12 amended
(1) Section 12(1)(a) is deleted and the following is inserted
10 instead --
"
(a) declare a seed, or type or class of seed, or seed
with specified characteristics, to be prohibited
seed; or
15 ".
(2) Section 12(1) is amended by deleting the comma after
paragraph (c) and inserting instead --
"
; or
20 (d) declare a specified percentage of --
(i) any type or class of seed; or
(ii) seed with specified characteristics,
within a seed lot, to be prohibited seed content,
".
25 12. Section 13 amended
Section 13 is amended as follows:
(a) by inserting at the end of paragraph (a) --
" or ";
page 4
Seeds Amendment Bill 2007
s. 13
(b) by deleting the full stop after paragraph (c) and inserting
instead --
"
; or
5 (d) prohibited seed content.
";
(c) by deleting "Penalty: For a first offence $1 000; for any
subsequent offence, $2 000." and inserting instead --
" Penalty: a fine of $20 000. ".
10 13. Section 13A inserted
After section 13 the following section is inserted --
"
13A. Possession of unsaleable seed
(1) A person must not be in possession or control of a seed
15 lot that the person knows, or could reasonably have
been expected to know, contains prohibited seed or
prohibited seed content.
Penalty: a fine of $20 000.
(2) Subsection (1) does not apply if --
20 (a) the seed lot was imported into the State for the
purpose of --
(i) manufacture of a product from the seed
lot; or
(ii) another purpose prescribed by the
25 regulations; and
(b) the person has taken reasonable precautions to
ensure that the seed in the seed lot is not likely
to be sown.
".
page 5
Seeds Amendment Bill 2007
s. 14
14. Section 15 amended
Section 15(1) is amended as follows:
(a) in paragraph (a) by inserting after "this Act applies" --
"
5 or that contains prohibited seed or prohibited
seed content
";
(b) in paragraph (b) by inserting after "this Act applies" --
"
10 or contains prohibited seed or prohibited seed
content
";
(c) in paragraph (c) by inserting after "this Act applies" --
"
15 or contains prohibited seed or prohibited seed
content
";
(d) in paragraph (e) --
(i) by inserting after "is sold" --
20 " or provided ";
(ii) by inserting after "was sold" --
" or provided ";
(iii) by inserting after "the sale" --
" or provision ".
25
15. Section 16 amended
Section 16 is amended by deleting "$2 000." and inserting
instead --
" a fine of $20 000. ".
page 6
Seeds Amendment Bill 2007
s. 16
16. Section 17 amended
Section 17 is amended by deleting "Penalty: For a first offence
$1 000; for any subsequent offence, $2 000." and inserting
instead --
5 " Penalty: a fine of $20 000. ".
17. Section 26 amended
Section 26(1)(m) is amended by deleting "$2 000." and
inserting instead --
" a fine of $20 000. ".
10
page 7
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