Plant Health Act 2009

The Minister may, by notice in the Gazette, declare the whole of the State, or a portion of the State specified in the notice, to be a quarantine area—

in respect of all pests; or

in respect of those pests specified in the notice.

A notice under this section may do 1 or more of the following:

prohibit the removal from a quarantine area of—

a plant of a species or kind specified in the notice that might, in the opinion of the Minister, transmit a pest; and

a plant related product of a kind specified in the notice that might, in the opinion of the Minister, transmit a pest;

require the owners or occupiers of premises within the quarantine area to take measures (including the destruction of plants and plant related products), specified in the notice, that are, in the opinion of the Minister, necessary for the control or eradication of a pest;

require the owners or occupiers of premises within specified portions of the quarantine area to take more stringent measures (including the destruction of plants and plant related products), specified in the notice, than the owners or occupiers of other premises within the quarantine area;

prohibit absolutely or subject to exceptions and conditions specified in the notice persons, vehicles, machinery or equipment entering or departing from the quarantine area or a specified portion of the quarantine area;

prohibit absolutely or subject to exceptions and conditions specified in the notice the bringing or introducing into the quarantine area of—

a plant of a species or kind specified in the notice;

and

any plant related product of a kind specified in the notice;

prohibit the planting, propagation or harvesting of plants, or plants of a specified species or kind, within the quarantine area during a period specified in the notice.

The Minister may, by notice in the Gazette, vary or revoke a notice under this section.

A person—

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

who purchases or takes delivery of anything brought or introduced into a quarantine area in contravention of 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, or removing anything from, a quarantine area for domestic use, consumption or enjoyment (and not for the purposes of sale or any other commercial purpose);

or

a person purchasing or taking delivery of anything brought or introduced into, or removed from, a quarantine area for domestic use, consumption or enjoyment (and not for the purposes of sale or any other commercial purpose).