Plant Health Act 2009

If the Chief Inspector knows or reasonably suspects that a plant or plant related product is or might become affected by a pest, he or she may, with the approval of the Minister, issue such orders under this section as may be reasonably necessary to prevent or minimise the outbreak or spread of the pest to any of the following persons:

a person who owns or has possession or control of the plant or plant related product;

a person who sold or supplied the plant or plant related product;

an owner or occupier of premises in the area specified in the order.

The Chief Inspector may issue 1 or more of the following orders in relation to any plant or plant related product that is or might become affected by a pest:

an order requiring that it be kept at a specified place for a specified period or otherwise restricting or prohibiting its movement;

an order requiring that it be subjected to specified treatment;

an order requiring that it be subjected to examinations or tests at specified intervals or that other specified action be taken for the purposes of determining the presence of a pest;

an order restricting or prohibiting its sale or supply or restricting the purposes for which it may be used;

if it has been sold or supplied—an order requiring that it be recalled;

an order requiring that it be destroyed or disposed of in a specified manner;

an order prohibiting the planting, propagation or harvesting of plants, or plants of a specified species or kind, on specified land during a specified period;

an order requiring any other action be taken as may be reasonably necessary in the circumstances.

An order issued under this section may be subject to such conditions as the Chief Inspector specifies in the order.

If the Chief Inspector cannot, after reasonable inquiry, locate a person of whom the Chief Inspector intended to make any requirement for action by an order, the Chief Inspector may—

cause the action to be taken by an inspector or other person;

and

recover costs and expenses reasonably incurred under this subsection by action in a court of competent jurisdiction as a debt owed by the owner of the plant or plant related product in respect of which action was taken by the inspector or other person.

An order under this section—

must be in writing; and

may be of general or limited application; and

may, by further order of the Chief Inspector, be varied or revoked.

An order that is of a continuing nature has effect for such period as is specified in the order (and, if an order of such a nature is issued on the basis of a suspicion, the Chief Inspector must, as soon as practicable, take reasonable steps to determine whether that suspicion is correct).

If a person refuses or fails to comply with an order, the Chief

Inspector may cause an inspector or other person to take any necessary action to give effect to the order.

The Chief Inspector may recover costs and expenses reasonably incurred under subsection (7) by action in a court of competent jurisdiction as a debt owed by the person to whom the order was issued.

A person to whom an order has been issued under this section who contravenes or fails to comply with the order is guilty of an offence. Maximum penalty: Maximum penalty:

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

in the case of a natural person—$20 000.