Meaning of trade

Current

(1)

A person uses a protected plant for trade if the person—

(a)

uses the plant for gain or reward (a commercial purpose); or

(b)

uses the plant for a purpose related to a commercial purpose; or

(c)

otherwise buys, exchanges, gives away, obtains or sells the plant for benefit, gain or reward.

Examples—

• a landscape contractor using a protected plant in a landscaping job

• a nursery owner using a whole protected plant to produce other whole plants for potential sale

• a plant hobbyist selling at a flea market the progeny of a whole protected plant the hobbyist has propagated at their home

• a person using seed to propagate a whole protected plant for sale

(2)

Without limiting subsection (1)(a), a person uses a plant for a commercial purpose if the person—

(a)

takes or uses the plant—

(i)

as part of a business; or

(ii)

for a home-based business, home occupation, or similar business, under a local law or a planning scheme under the Planning Act 2016; or

(b)

buys or sells the plant and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the plant; or

(c)

takes or uses the plant while carrying on a business that involves buying or selling plants of the same species; or

(d)

brings the plant, or has the plant brought, into the State for the main purpose of selling the plant.

(3)

However, a person does not use a protected plant for trade if the person uses the plant for the person’s own personal use.

Note—