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This Act may be cited as the Plant Health Act 2008.
This Act commences on the date fixed by the Administrator by Gazette notice.
The objects of this Act are:
to ensure appropriate actions can be taken for the control of pests; and
to facilitate the production and trading of plants and plant products that are free from pests.
This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.
In this Act:
accredited person means an accredited person mentioned in section 41(1).
accredited production place means an accredited production place mentioned in section 37(1).
affected, by a pest, see section 11.
appointment criteria, see section 40(2)(b).
assurance certificate, see section 39(2).
Chief Inspector means the person holding or occupying the office of Chief Inspector of Plant Health mentioned in section 47(1).
control, of a pest, see section 7.
declared host plant means a host plant declared under section 8(2)(a).
declared pest means a pest declared under section 6(2)(a).
Director of Parks and Wildlife means the Director as defined in the Parks and Wildlife Commission Act 1980.
draft plan, see section 31(1).
host plant, see section 8(1).
inspection certificate, see section 36(2).
inspector means an inspector of plant health mentioned in section 53(1).
notifiable pest means a notifiable pest mentioned in section 6(4).
owner, see section 9.
packaging, of a plant or plant product, includes any covering and container for the plant or product.
pest, see section 6(1).
place includes:
land; and
(b) a building, vehicle or vessel, or any part of a building, vehicle or vessel.
plan means a plant health management plan mentioned in section 30(1).
plant means:
(a) any kind of organism (including a genetically modified organism) in the plant kingdom; or
(b) any individual organism or part of an organism (including a genetically modified organism) in the plant kingdom, whether dead or alive.
plant health assurance scheme, see section 39(1).
plant health management plan, see section 30(1).
plant product, see section 10(a).
plant-related material, see section 10.
production, of a plant or plant product, includes the processing of the plant or product.
production requirements, see section 40(2)(c).
quarantine place means a quarantine place mentioned in section 18(1).
regulation means a regulation under this Act.
relevant decision, see section 58(1).
scheme means a plant health assurance scheme mentioned in section 39(1).
statutory charge, see section 4 of the Land Title Act 2000.
(1) A pest is an organism (whether or not taxonomically classified):
that feeds on a plant; or
that causes an abnormal or unhealthy condition in a plant.
The Chief Inspector may:
declare pests by Gazette notice; and
(b) publish a list of the declared pests as the Chief Inspector considers appropriate.
A declared pest must be an organism covered by subsection (1).
(4) The notice may further specify that a declared pest is a notifiable pest.
(5) The Chief Inspector must not declare an indigenous organism of Australia as a pest unless the Chief Inspector has consulted with the Director of Parks and Wildlife about the declaration.
To control a pest is:
to prevent an outbreak or spreading of the pest; or
to manage an outbreak or spreading of the pest; or
to eradicate the pest.
(2) Without limiting subsection (1), to control a pest may involve the treatment or disposal of:
a host plant for the pest; or
a thing affected by the pest.
(1) A host plant for a pest is a plant that is susceptible to, uses or harbours the pest.
The Chief Inspector may:
declare host plants by Gazette notice; and
(b) publish a list of the declared host plants as the Chief Inspector considers appropriate.
A declared host plant must be a plant covered by subsection (1).
(4) The Chief Inspector must not declare an indigenous organism of Australia as a host plant unless the Chief Inspector has consulted with the Director of Parks and Wildlife about the declaration.
The owner of a place includes, but is not limited to, an occupier of the place.
The owner of a thing includes, but is not limited to, someone having the possession or control of the thing.
If this Act imposes an obligation on the owner of a place or thing, each owner of the place or thing is jointly and severally liable for the obligation.
Plant-related material is any of the following:
(a) a product (plant product) that is wholly or partly derived from a plant;
the packaging of a plant or plant product;
soil or a growth medium;
a pest;
(e) any other thing that is, or might reasonably be, affected by a pest.
(1) Without limiting how a thing might be affected by a pest, a thing is affected by a pest if the thing:
contains the pest; or
(b) is or has been in close proximity to, or in contact with, the pest.
(2) Subsection (1) applies whether or not the pest has any apparent effect on the thing.
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note
Part IIAA of the Criminal
Code states the general principles of criminal responsibility (including burdens of proof and general defences) and defined terms used for offences.