Plant Health Act 2009

Subject to this section, a person must not bring or introduce into the State a pest or a plant, or plant related product, affected by a pest.

The Minister may, for the purpose of preventing the introduction into, or spread within, the State of a pest, prohibit, by notice in the

Gazette, the bringing or introduction into the State of a specified class of plant or plant related product (either absolutely or subject to conditions).

The Minister may, by notice in the Gazette, vary or revoke a notice under subsection (2).

The Minister may, for the purposes of furthering agricultural interests, scientific research or the biological control of a pest, by notice in writing, exempt a person from complying with this section subject to conditions set out in the notice.

The Minister must consult widely with, and take into account the advice of, members of the agricultural and scientific communities before taking action under subsection (4).

The Minister may, by further notice in writing, vary or revoke a notice under subsection (4).

A person—

who contravenes or fails to comply with this section or a notice under this section; or

who purchases or takes delivery of anything brought or introduced into the State in contravention of this section or a notice under this section, is guilty of an offence. Maximum penalty: Maximum penalty:

in the case of a minor offence—$5 000;

in any other case—

in the case of a body corporate—$100 000;

in the case of a natural person—$20 000. Expiation fee: In the case of a minor offence—$315.

In this section—

minor offence means an offence that consists of a person bringing or introducing anything into the State, or purchasing or taking delivery of anything brought or introduced into the State, for domestic use, consumption or enjoyment (and not for the purposes of sale or any other commercial purpose).