Plant Health Act 2009

In this Act, unless the contrary intention appears—

accreditation conditions—see section 20;

accredited person means a person accredited under Part

4Division 2;

approved auditor means a person approved to be an auditor under Part

5Division 1;

assurance certificate means—

an assurance certificate issued by an accredited person under

Part

4Division 2; or

a certificate corresponding to an assurance certificate issued under a corresponding law;

Chief Inspector means the Chief Inspector appointed under Part

5Division 2;

corresponding law means a law of another State declared by the regulations to be a law that corresponds to this

Act;

disease means a bacterium, fungus, protozoa, phytoplasma, virus or any other organism or pathogen;

importer means a person who brings or introduces plants or plant related products into the State for the purposes of sale or any other commercial purpose;

inspector means an inspector appointed under

Part

5Division 2;

label includes a ticket, manifest, cartnote, stamp, tag or sticker;

noxious insect means any species of migratory or gregarious grasshopper;

packaging includes the whole or any part of a package, container, crate, covering, packing or material of any description that is being or has been used to cover or contain a plant or plant related product;

pest—see section 4;

place includes any land, road or premises;

plant means—

the whole or any part of a tree, vine, flower, shrub, vegetable or other vegetation; and

the whole or any part of the fruit or nut of a tree, vine or shrub;

and

any material used for the propagation of a tree, vine, flower, shrub, vegetable or other vegetation, whether alive or dead (including timber that has been sawn or dressed);

plant health certificate means—

a plant health certificate issued by an inspector under

Part

5Division 2; or

a certificate corresponding to a plant health certificate issued under a corresponding law;

plant related product means—

soil, potting mix, packaging, agricultural machinery or equipment;

and

any other material or item declared by the Minister under section 4 to be a plant related product;

premises means any land, building or structure (including a moveable building or structure);

quarantine station means a place declared by the

Minister under section 5 to be a quarantine station;

registered importer means an importer registered under Part

4Division 3;

sell includes possess, offer, display or consign for sale;

soil does not include clean sand;

State includes a Territory;

vehicle includes an aircraft, a train or a vessel.

For the purposes of this Act—

soil or potting mix will be taken to be affected by a pest if a plant affected by a pest has been growing in the soil or potting mix;

a plant related product (other than soil or potting mix) will be taken to be affected by a pest if the product has been used to contain or cover, or has been in contact with, a plant, soil or potting mix affected by a pest.