Plant Health and Plant Products Regulations 1996
i
Plant Health and Plant Products Regulations 1996
S.R. No. 44/1996
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objectives 1
2. Authorising provisions 1
3. Commencement 2
4. Revocation 2
5. Definitions 2
6. Plant health certificate 3
7. Plant health declaration 3
PART 2—CONTROL OF MOVEMENT OF PLANTS, PLANT
PRODUCTS, USED PACKAGES OR USED AGRICULTURAL
EQUIPMENT 4
Division 1—General Requirements for Introduction into Victoria 4
8. Notification of intention to import plants or plant products 4
9. Prescribed place for inspection, examination or treatment 4
10. Inspection of plants, plant products, used packages and used
agricultural equipment 4
Division 2—Controls for Prescribed Plants, Plant Products, Used
Packages and Used Agricultural Equipment. 5
11. Controls applying to annual ryegrass toxicity 5
12. Controls applying to boil smut disease 5
13. Controls applying to citrus red mite 7
14. Controls applying to stem pitting citrus tristezia virus 8
15. Controls applying to fruit flies 9
16. Controls applying to green snail 11
17. Controls applying to onion smut 13
18. Controls applying to phylloxera 15
19. Controls applying to potato cyst nematode 16
20. Controls applying to western flower thrips 21
PART 3—LABELLING OF PLANTS AND PLANT PRODUCTS 23
21. Labelling of Seeds 23
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22. Proportion of pure seed 23
23. Germination of seeds 23
24. Other seed 24
25. Particulars on packages of seeds 24
26. Particulars on packages of fresh fruit and vegetables 25
27. Identification of plants or plant products for propagation 26
PART 4—WARNING MARKS 27
28. Warning mark 27
PART 5—ALTERATIONS 28
29. Alterations to be authorised 28
PART 6—FEES AND CHARGES 29
30. Fees and charges 29
PART 7—INFRINGEMENT NOTICES 31
31. Prescribed offences 31
__________________
SCHEDULES 32
SCHEDULE 1—Regulations revoked 32
SCHEDULE 2—Area freedom certificate 33
SCHEDULE 3—Plant health certificate for movement of plant material
in Australia 34
SCHEDULE 4—Plant health declaration for movement of plant material
in Australia 35
SCHEDULE 5—Fruit fly host susceptibility 36
SCHEDULE 6—Warning mark 45
SCHEDULE 7—Infringement notice 46
SCHEDULE 8—Penalties 48
═══════════════
NOTES 49
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1
STATUTORY RULES 1996
S.R. No. 44/1996
Plant Health and Plant Products Act 1995
Plant Health and Plant Products Regulations 1996
The Governor in Council makes the following Regulations:
Dated: 12 June 1996
Responsible Minister:
PATRICK McNAMARA
Minister for Agriculture and Resources
A. WILTSHIRE
Acting Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objectives
The objectives of these Regulations are—
(a) to introduce procedures for preventing the
introduction or spread of plant pests and
diseases;
(b) to prescribe standards for the labelling of
packages containing seeds and fresh fruit and
vegetables;
(c) to prescribe forms, penalties and other
matters authorised by the Act.
2. Authorising provisions
These Regulations are made under sections 6, 31,
35, 39, 52, 60, 61, 63 and 72 of the Plant Health
and Plant Products Act 1995.
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3. Commencement
These Regulations come into operation on 15 June
1996.
4. Revocation
The Regulations listed in Schedule 1 are revoked.
5. Definitions
In these Regulations—
"area freedom certificate" means a certificate in
the form in Schedule 2 issued by an officer
of a State department of agriculture;
"boil smut" means the disease caused by the
fungus Ustilago maydis;
"citrus red mite" means the pest Panonychus
citri;
"green snail" means the pest Helix aperta;
"leafy vegetable" includes broccoli, Brussels
sprouts, cabbage, cauliflower, endive,
lettuce, silver beet and spinach;
"Mediterranean fruit fly" means the pest
Ceratitis capitata (Wiedemann);
"onion smut" means the disease caused by the
fungus Urocystis cepulae;
"papaya fruit fly" means the pest Bactrocera
papaya;
"phylloxera" means the pest Daktulosphaira
vitifolii (Fitch);
"plant health legislation" means the Plant
Health and Plant Products Act 1995 and
these Regulations;
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"potato cyst nematode" means the pest
Globodera rostochiensis (Woll) or
Globodera palida (Stone);
"Queensland fruit fly" means the pest
Bactrocera tryoni (Froggart);
"root vegetable" includes beetroot, carrot,
parsnip, potato, radish, rutabaga, sweet
potato, Swede turnip and turnip;
"State department of agriculture" includes a
department in another State or Territory
administering the Act of that State or
Territory corresponding with this Act;
"the Act" means the Plant Health and Plant
Products Act 1995;
"treatment", in relation to a plant or plant
product, means a process or procedure
approved by the Secretary and required by
an inspector to be carried out in respect of
any plant or plant product and includes the
specification of the condition or maturity of
a plant product;
"western flower thrips" means the pest
Frankliniella occidentalis (Pergande);
6. Plant health certificate
For the purposes of section 6(3) of the Act, the
prescribed form of a plant health certificate is a
certificate in the form in Schedule 3.
7. Plant health declaration
For the purposes of section 6(3) of the Act, the
prescribed form of a plant health declaration is a
declaration in the form in Schedule 4.
_______________
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PART 2—CONTROL OF MOVEMENT OF PLANTS, PLANT
PRODUCTS, USED PACKAGES OR USED AGRICULTURAL
EQUIPMENT
Division 1—General Requirements for Introduction into
Victoria
8. Notification of intention to import plants or plant
products
The owner of any plants or plant products
prescribed in Division 2 for the purposes of
section 6 of the Act and introduced into Victoria
from another State or a Territory must notify an
inspector of the kind and number of plants or plant
products entering Victoria before or at the time of
that entry.
Penalty: 10 penalty units.
9. Prescribed place for inspection, examination or
treatment
For the purposes of section 6(1)(d) of the Act, the
prescribed place for the inspection, examination
or treatment of plants, plant products, used
packages or used agricultural equipment is the
Plant Standards Centre at the Melbourne
Wholesale Fruit and Vegetable Market.
10. Inspection of plants, plant products, used packages
and used agricultural equipment
For the purposes of section 6(1)(d) of the Act, it is
a requirement of these Regulations that on first
entering Victoria any plants, plant products, used
packages or used agricultural equipment
prescribed in Division 2 for the purposes of
section 6 of the Act and any accompanying plant
health certificate or plant health declaration must
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be taken for inspection directly to the place
referred to in section 6(1)(d) of the Act.
Division 2—Controls for Prescribed Plants, Plant Products,
Used Packages and Used Agricultural Equipment.
11. Controls applying to annual ryegrass toxicity
(1) The movement into or throughout Victoria of any
cereal, lucerne or pasture hay containing annual
ryegrass or any stock feed or plant waste
containing annual ryegrass seeds which has been
grown less than 100 kilometres from a known
outbreak of annual ryegrass toxicity is prohibited.
(2) For the purposes of section 6 of the Act—
(a) any cereal, lucerne or pasture hay containing
annual ryegrass or any stock feed or plant
waste containing annual ryegrass seeds is a
prescribed plant product; and
(b) New South Wales, Queensland, Tasmania,
South Australia and Western Australia are
prescribed States and the Northern Territory
and the Australian Capital Territory are
prescribed Territories.
(3) Section 6 of the Act and this regulation do not
apply to the movement of any cereal, lucerne or
pasture hay containing annual ryegrass or any
stock feed or plant waste containing annual
ryegrass seeds from any State or Territory or part
of a State or Territory for which an area freedom
certificate is in force certifying that the State or
Territory or part of the State or Territory is free
from annual ryegrass toxicity.
(4) Sub-regulation (1) does not apply to lucerne hay
which is the second or subsequent cut of the
season.
12. Controls applying to boil smut disease
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(1) The movement into or throughout Victoria of any
seed of maize, sweet corn or pop corn (Zea Mays
L.) which has been—
(a) grown less than 100 kilometres from a
known occurrence of boil smut; or
(b) cleaned, graded or packed in premises where
any seed of maize, sweet corn or pop corn
(Zea Mays L.) from a property known to be
infected with boil smut has also been
packed—
is prohibited unless—
(c) in the case of the cleaning, grading and
packing equipment in the premises referred
to in paragraph (b), the equipment has been
disinfested to prevent possible contamination
with boil smut in a manner approved by the
Secretary; and
(d) the seed has been treated with a fungicide
approved by the Secretary; and
(e) in the case of seed introduced from another
State or Territory, section 6 of the Act has
been complied with.
(2) For the purposes of section 6 of the Act—
(a) any seed of maize, sweet corn or pop corn
(Zea Mays L.) is a prescribed plant product;
and
(b) New South Wales, Queensland, Tasmania,
South Australia and Western Australia are
prescribed States and the Northern Territory
and the Australian Capital Territory are
prescribed Territories.
(3) Section 6 of the Act and this regulation do not
apply to the movement of the seed of maize, sweet
corn or pop corn (Zea Mays L.) from any State or
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Territory or part of a State or Territory for which
an area freedom certificate is currently in force
certifying that the State or Territory or part of the
State or territory is free of boil smut disease.
13. Controls applying to citrus red mite
(1) The movement into or throughout Victoria of any
plant or part of any plant of Citrus species,
Fortunella species or Poncirus trifoliata or
hybrids of Poncirus which has been grown on a
property which has been examined by an inspector
or person authorised by the State department of
agriculture of the State or Territory where the
plant was grown and found to be infested with
citrus red mite is prohibited unless—
(a) the plant has been treated in a manner
approved by the Secretary; and
(b) in the case of plants or part of plants
introduced from another State or Territory
section 6 of the Act has been complied with.
(2) For the purposes of section 6 of the Act—
(a) any plant or part of any plant of Citrus
species, Fortunella species or Poncirus
trifoliata or hybrids of Poncirus is a
prescribed plant or plant product; and
(b) New South Wales, Queensland, Tasmania,
South Australia and Western Australia are
prescribed States and the Northern Territory
and the Australian Capital Territory are
prescribed Territories.
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(3) Section 6 of the Act and this regulation do not
apply to the movement of—
(a) any plant or part of any plant referred to in
sub-regulation (1) from any State or
Territory or part of a State or Territory for
which an area freedom certificate is currently
in force certifying that the State or Territory
or part of the State or Territory is free from
citrus red mite; or
(b) the fruit of a plant referred to in
sub-regulation (1).
14. Controls applying to stem pitting citrus tristezia virus
(1) The movement into or throughout Victoria of any
plant or part of a plant of Citrus species which has
been examined by an inspector or a person
authorised by the State department of agriculture
where the plant was grown and found to be
infected with stem pitting citrus tristezia virus is
prohibited.
(2) For the purposes of section 6 of the Act—
(a) any plant or part of any plant of Citrus
species is a prescribed plant or plant product;
and
(b) New South Wales, Queensland, Tasmania,
South Australia and Western Australia are
prescribed States and the Northern Territory
and the Australian Capital Territory are
prescribed Territories.
(3) Section 6 of the Act and this regulation do not
apply to the movement of—
(a) any plant or part of any plant of Citrus
species from any State or Territory or part of
a State or Territory for which an area
freedom certificate is currently in force,
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certifying that the State or Territory or part
of a State or Territory is free from citrus
tristezia virus; or
(b) the fruit of a plant of Citrus species.
15. Controls applying to fruit flies
(1) The movement into or throughout Victoria of any
fruit or vegetable listed in Schedule 5 that is
classified as a host of Mediterranean fruit fly or
papaya fruit fly or Queensland fruit fly which
have been grown in an area which is known to be
infested with fruit flies or any used package which
has contained such fruit or vegetables is
prohibited unless—
(a) the fruit, vegetable or used package has been
treated in a manner approved by the
Secretary in an establishment authorised by
the State department of agriculture in the
State or Territory in which the facility is
located; and
(b) in the case of any fruit or vegetable, the
package bears the establishment
authorisation number and the date or date
code indicating when the product was
packed; and
(c) in the case of any fruit or vegetable listed in
Schedule 5 that is classified as a host of
Queensland fruit fly and grown in an area
where Queensland fruit fly is known to
occur—
(i) the fruit or vegetables were grown more
than 3 kilometres from any known
outbreak of Queensland fruit fly; and
(ii) the fruit or vegetables are examined by
an inspector or a person authorised by
the State department of agriculture in
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the State or Territory where the fruit or
vegetables were grown and found to be
free of Queensland fruit fly; and
(iii) the fruit or vegetables are conveyed to a
factory for processing within 12 hours
of entering Victoria or after leaving the
property where they were grown; and
(iv) during transit the fruit or vegetables are
covered to prevent spillage; and
(v) the fruit or vegetables are processed
within 12 hours of arrival at a factory
or, if this is not practicable, held in cold
storage at a temperature not exceeding
7 degrees Celsius; and
(vi) all waste fruit or vegetables not
processed are destroyed daily in a
manner approved by the Secretary; and
(vii) in the case of tomatoes, the tomatoes
have been treated; and
(d) in the case of fruit, vegetables or used
packages introduced from another State or
Territory, section 6 of the Act has been
complied with.
(2) For the purposes of section 6 of the Act—
(a) any fruit or vegetable listed in Schedule 5
that is classified as a host of Mediterranean
fruit fly or papaya fruit fly or Queensland
fruit fly is a prescribed plant product; and
(b) any package which has contained fruit or
vegetables referred to in sub-regulation (1) is
a prescribed package; and
(c) New South Wales, Queensland, Tasmania,
South Australia and Western Australia are
prescribed States and the Northern Territory
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and the Australian Capital Territory are
prescribed Territories.
(3) Section 6 of the Act and this regulation do not
apply to the movement of any fruit or vegetable or
any used package referred to in sub-regulation (1)
from any State or Territory or part of a State or
Territory for which an area freedom certificate is
in force certifying that the State or Territory or
part of the State or Territory is free from
Mediterranean fruit fly or papaya fruit fly or
Queensland fruit fly, as the case requires.
16. Controls applying to green snail
(1) The movement into or throughout Victoria of any
nursery plant, cut flower, leafy vegetable, pasture
hay or tree which has been grown or packed on a
property within 25 kilometres of a known
infestation of green snail is prohibited unless—
(a) if the property is more than 2 kilometres
from a known green snail infestation, the
property has been—
(i) inspected by an inspector or person
authorised by the State department of
agriculture where the property is
located between the months of April
and November in a manner approved
by the Secretary and found to be free of
green snail; and
(ii) treated in a manner approved by the
Secretary; and
(b) if the property is less than 2 kilometres from
a known green snail infestation—
(i) the property has been inspected by an
inspector or person authorised by the
State department of agriculture where
the property is located between the
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months of April and November in a
manner approved by the Secretary and
found to be free of green snail; and
(ii) between the months of April and
November a strip three metres wide has
been maintained free of vegetation
around the property and the area treated
in a manner approved by the Secretary
or a physical snail barrier of a design
approved by the Secretary has been
erected around the property; and
(iii) a property hygiene program to prevent
the introduction of green snails
approved by the Secretary has been
maintained; and
(iv) in the case of nursery plants,
immediately prior to dispatch from the
property the nursery plants have been
treated in a manner approved by the
Secretary; and
(c) in the case of nursery plants, cut flowers,
leafy vegetables, pasture hay or trees
introduced from another State or Territory,
section 6 of the Act has been complied with.
(2) Sub-regulation (1)(a) and (b) does not apply to cut
flowers, plant cuttings for propagation or bare
rooted planting stock if they—
(a) are from a property which has been
inspected by an inspector or person
authorised by the State department of
agriculture where the property is located
between the months of April and November
in a manner approved by the Secretary and
found to be free of green snail; or
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(b) have been inspected by an inspector or
person authorised by the State department of
agriculture where they were grown and
found free of green snail; or
(c) are moved into or throughout Victoria during
the months of December to March.
(3) For the purposes of section 6 of the Act—
(a) any nursery plant, cut flower, leafy
vegetable, pasture hay or tree is a prescribed
plant or plant product;
(b) New South Wales, Queensland, Tasmania,
South Australia and Western Australia are
prescribed States and the Northern Territory
and the Australian Capital Territory are
prescribed Territories.
(4) Section 6 of the Act and this regulation do not
apply to the movement of—
(a) any nursery plant, cut flower, leafy
vegetable, pasture hay or tree from any State
or Territory or part of a State or Territory for
which an area freedom certificate is in force
certifying that the State or Territory or part
of the State or Territory is free from green
snail; or
(b) plants in tissue culture.
17. Controls applying to onion smut
(1) The movement into or throughout Victoria of any
plant, bulb or seed of the genus Allium which has
been—
(a) grown less than 3 kilometres from a known
occurrence of onion smut; or
(b) has been packed in a packing shed where
onion plants, bulbs or seeds from a property
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known to be infested with onion smut have
also been packed—
is prohibited unless—
(c) in the case of the plants, bulbs or seeds of
the genus Allium which have been grown in
an area more than 3 kilometres from a
known outbreak of onion smut and packed in
a packing shed referred to in paragraph (b),
the shed has been disinfested in a manner
approved by the Secretary to prevent
possible cross contamination with onion
smut; and
(d) the plant, bulb or seed is free from any soil
or plant debris and packed in new packages;
and
(e) in the case of plants, bulbs or seeds
introduced from another State or Territory,
section 6 of the Act has been complied with.
(2) For the purposes of section 6 of the Act—
(a) any plant, bulb or seed of the genus Allium is
a prescribed plant or plant product; and
(b) New South Wales, Queensland, Tasmania,
South Australia and Western Australia are
prescribed States and the Northern Territory
and the Australian Capital Territory are
prescribed Territories.
(3) Section 6 of the Act and this regulation do not
apply to—
(a) the movement of any plant, bulb or seed
referred to in sub-regulation (1) grown in
any State or Territory or part of a State or
Territory for which an area freedom
certificate is in force certifying that the State
or Territory or part of the State or Territory
is free of onion smut; or
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(b) any plant of the genus Allium in tissue
culture.
18. Controls applying to phylloxera
(1) The movement into or throughout Victoria of any
plant of the genus Vitis, including any cuttings,
rootlings, leaves, roots or stems or any grape,
grape marc or grape must which has been—
(a) grown in a control area declared under
section 9 of the Act to be a phylloxera
infested area; or
(b) grown in an area of any other State or
Territory which is within 40 kilometres from
any place infested or reasonably believed to
be infested with phylloxera—
is prohibited unless—
(c) in the case of grapes for table use, they are
packed for sale as table grapes in accordance
with these Regulations; or
(d) in the case of grapes used for wine making
or any cuttings, rootlings, leaves, roots or
stems or any grape marc or grape must, they
have been treated or the movement complies
with the conditions of a permit issued under
section 9 of the Act—
and in the case of plants including cuttings,
rootlings, leaves, roots or stems or grapes, grape
marc or grape must introduced from another State
or Territory, section 6 of the Act has been
complied with.
(2) The movement of any agricultural equipment used
to cultivate or harvest grapes from an area referred
to in sub-regulation (1)(a) or (b) is prohibited
throughout Victoria unless—
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(a) the agricultural equipment has been cleaned
free of soil and plant debris and treated in a
manner approved by the Secretary; and
(b) in the case of any agricultural equipment
used to cultivate or harvest grapes from an
area referred to in sub-regulation (1)(b),
section 6 of the Act has been complied with.
(3) For the purposes of section 6 of the Act—
(a) any plant of the genus Vitis, including any
cutting, rootling, leaf, root or stem is a
prescribed plant and any grape, grape marc
or grape must is a prescribed plant product;
and
(b) any agricultural equipment which has been
used to cultivate or harvest grapes is
prescribed agricultural equipment; and
(c) New South Wales, Queensland, Tasmania,
South Australia and Western Australia are
prescribed States and the Northern Territory
and the Australian Capital Territory are
prescribed Territories.
(4) Section 6 of the Act and this regulation do not
apply to the movement of any plant or plant
product referred to in sub-regulation (1) or any
agricultural equipment used to cultivate or harvest
grapes from an area referred to in sub-regulation
(1) (a) or (b) from any State or Territory or part of
a State or Territory for which an area freedom
certificate is in force certifying that the State or
Territory or part of the State or Territory is free
from phylloxera.
19. Controls applying to potato cyst nematode
(1) The movement into or throughout Victoria of any
root vegetables, bulbs, nursery plants or seedlings
which have been grown in soil or in a soil free
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medium in contact with the soil in a control area
declared under section 9 of the Act to be a potato
cyst nematode control area or in any area in any
other State or Territory which is less than 5
kilometres from any place infested or reasonably
believed to be infested with potato cyst nematode
is prohibited unless—
(a) in the case of potato tubers which are from a
crop infested by potato cyst nematode, the
potato tubers are delivered to—
(i) a packing plant approved by the
Secretary and brushed or washed so
that they are practically free of soil and
packed into packages containing not
more than 20 kilograms and marked
with the words "For Table Use Only,
Not For Planting"; or
(ii) a factory approved by the Secretary for
processing; and
(b) in the case of potato tubers which are from a
property where potato cyst nematode has
been found, other than those described in
paragraph (a), the soil in which the crop was
grown has been tested in a manner approved
by the Secretary and found to be free of
potato cyst nematode and the potato tubers
are—
(i) practically free of soil and packed in
packages marked with the words "For
Table Use Only, Not For Planting"; or
(ii) practically free of soil and are packed
in packages containing not more than
20 kilograms; or
(iii) delivered to a packing plant approved
by the Secretary for brushing or
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washing so that they are practically free
of soil and packing into bags containing
not more than 20 kilograms; or
(iv) delivered to a factory approved by the
Secretary for processing; and
(c) in the case of root vegetables except potato
tubers, bulbs, nursery plants or seedlings,
egg plants, tomato plants or any trees with
roots attached from a property where potato
cyst nematode has been found—
(i) the soil in which the root vegetables,
bulbs, nursery plants or seedlings or
tree was grown has been tested in a
manner approved by the Secretary and
found to be free of potato cyst
nematode; and
(ii) the root vegetables, bulbs, nursery
plants or seedlings or trees are
practically free of soil; and
(d) in the case of potato tubers grown on a
property which is not known to be infested
with potato cyst nematode, the potato
tubers—
(i) have been grown in soil which has been
tested in a manner approved by the
Secretary and found to be free of potato
cyst nematode; and
(ii) have not been farmed with equipment
which has been used on land where
potato cyst nematode been found; and
(iii) are practically free of soil or are
delivered to a packing plant approved
by the Secretary for washing or
brushing practically free of soil; and
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(iv) are sold in packages which have not
previously contained potatoes or are
delivered to a factory approved by the
Secretary for processing; and
(e) in the case of root vegetables other than
potato tubers, bulbs, nursery plants or
seedlings grown on a property which is not
known to be infested with potato cyst
nematode, the root vegetables, bulbs, nursery
plants or seedlings—
(i) have been grown—
(A) in soil which has been tested in a
manner approved by the Secretary
and found to be free of potato cyst
nematode; or
(B) on land which has not grown
potato tubers within the last 10
years; and
(ii) have not been farmed with equipment
which has been used on land where
potato cyst nematode been found; and
(iii) are practically free of soil or are
delivered to a packing plant approved
by the Secretary for washing or
brushing practically free of soil; and
(iv) are sold in packages which have not
previously contained potato tubers or
delivered to a factory approved by the
Secretary for processing; and
(f) in the case of any potato tubers, other root
vegetables, bulbs, nursery plants or seedlings
introduced from another State or Territory,
section 6 of the Act has been complied with.
(2) The movement into or throughout Victoria of any
agricultural equipment used to cultivate or harvest
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potato tubers used on land where potato cyst
nematode has been found is prohibited unless—
(a) the agricultural equipment has been cleaned
free of all soil and plant debris in a manner
approved by the Secretary; and
(b) in the case of agricultural equipment
introduced from another State or Territory,
section 6 of the Act has been complied with.
(3) For the purposes of section 6 of the Act—
(a) any potato tubers, except potato tubers
resistant to potato cyst nematode, other root
vegetables, bulbs, nursery plants or seedlings
which have been grown in soil or in a soil
free medium in contact with soil are
prescribed plant products or prescribed
plants; and
(b) any agricultural equipment used to cultivate
or harvest potato tubers is prescribed
agricultural equipment; and
(c) any package which has contained potato
tubers or other plant or plant product referred
to in sub-regulation (1) is a prescribed used
package; and
(d) New South Wales, Queensland, Tasmania,
South Australia and Western Australia are
prescribed States and the Northern Territory
and the Australian Capital Territory are
prescribed Territories.
(4) Section 6 of the Act and this regulation do not
apply to—
(a) the movement of any plant or plant product
referred to in sub-regulation (1) or any
agricultural equipment used for the
cultivation or harvesting of potato tubers
from any State or Territory or part of a State
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21
or Territory for which an area freedom
certificate is in force, certifying that the State
or Territory or part of the State or Territory
is free from potato cyst nematode; or
(b) any plants in tissue culture.
20. Controls applying to western flower thrips
(1) The movement into or throughout Victoria of any
nursery plant, cut flower or leafy vegetable which
has been—
(a) grown on a property which has been
inspected by a person authorised by the State
department of agriculture and found to be
infested with western flower thrips; or
(b) graded or packed in a premises where any
nursery plant, cut flower or leafy vegetable
which has been grown in an area known to
be infested with western flower thrips has
also been packed—
is prohibited unless—
(c) the nursery plant, cut flower or leafy
vegetable and the grading and packing
premises have been treated in a manner
approved by the Secretary; and
(d) in the case of any nursery plant, cut flower or
leafy vegetable introduced from another
State or Territory, section 6 of the Act has
been complied with.
(2) For the purposes of section 6 of the Act—
(a) any nursery plant, cut flower or leafy
vegetable is a prescribed plant or plant
product; and
(b) New South Wales, Queensland, Tasmania,
South Australia and Western Australia are
prescribed States and the Northern Territory
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and the Australian Capital Territory are
prescribed Territories.
(3) Section 6 of the Act and this regulation do not
apply to—
(a) the movement of any nursery plant, cut
flower or leafy vegetable from any State or
Territory or part of a State or Territory for
which an area freedom certificate is in force
certifying that the State or Territory or part
of the State or Territory is free from western
flower thrips; or
(b) any plant or plant product in tissue culture.
_______________
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PART 3—LABELLING OF PLANTS AND PLANT PRODUCTS
21. Labelling of Seeds
For the purposes of section 31(2)(a)(i) of the Act,
the proportion of seed prescribed is—
(a) 1 % by mass in respect of each kind of seed
in a lot of seed sold for lawn or turf
purposes; and
(b) 5 % by mass for each kind of seed in any
other lot of seed.
22. Proportion of pure seed
(1) For the purposes of section 31(2)(a)(i)(B) of the
Act, the proportion of pure seed contained in each
lot of seed must be—
(a) expressed as a percentage by mass or by
count; and
(b) expressed in accordance with the results of
an examination or stated as a minimum
percentage.
(2) If the proportion is expressed as—
(a) a percentage by count, the words "by count"
must be included in the statement of the
proportion;
(b) a stated minimum, the word "minimum" or
the abbreviation "min" must be included in
the statement of the proportion.
23. Germination of seeds
For the purposes of section 31(2)(a)(i)(C) of the
Act, the statement regarding germination of the
seeds must set out the minimum number of seeds
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that are germinable at the time of sale expressed
as—
"Min germination................%".
24. Other seed
For the purposes of section 31(2)(a)(ii) of the Act,
any seeds not named must be described as "other
seeds" and the proportion in aggregate of the
seeds expressed—
(a) as a percentage by mass of the total mass as
determined in an examination; or
(b) as a stated maximum by mass of the total
mass including the word "maximum" or the
abbreviation "max".
25. Particulars on packages of seeds
(1) For the purposes of section 31(2)(a)(iii) of the
Act, if seeds are cleaned in Victoria and packed
into bags or sacks the contents of which are
greater than the weight prescribed in
sub-regulation (2)(a), the bags or sacks must be
branded with a code or mark comprising the letter
"V" followed by a number approved by the
Secretary which identifies the premises in which
the seeds were cleaned.
(2) For the purposes of section 31(2)(a)(v) of the
Act—
(a) the prescribed weight in relation to—
(i) seeds of beans, peas and sweet corn is
one kilogram;
(ii) flower, fruit and vegetable seeds other
than beans, peas and sweetcorn is 100
grams;
(iii) all other seeds is 10 kilograms.
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(b) the prescribed words for packages of seed
less than the weights prescribed in paragraph
(a) are the month and year before which the
seeds should be planted expressed as—
"Sow before...................................
(insert month and year) ".
(3) In the case of seeds of perennial ryegrass that—
(a) are contained in a package in a proportion of
or greater than those prescribed in regulation
21; and
(b) have not been certified under a certification
scheme approved under section 40 of the
Act—
the statement referred to in section 31(1) of the
Act must include particulars of the result of an
examination to determine the proportion of
fluorescent seedlings stated as a maximum
percentage of the fluorescent seedlings or
expressed as—
"...........%. fluorescence" .
(4) For the purposes of section 31(2)(b) of the Act,
the particulars to be set out in the statement on the
package for seed packaged in weights less than
the weights prescribed in sub-regulation (2)(a)
are—
(a) the particulars contained in section
31(2)(a)(i)(A) of the Act; and
(b) the particulars contained in section
31(2)(a)(iii), (iv) and (v) of the Act.
26. Particulars on packages of fresh fruit and vegetables
(1) For the purposes of section 35(1)(e) of the Act,
the fruit and vegetables the packages of which
must be legibly marked with the name and
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postcode of the city or town nearest to the locality
where they were grown are the fruit and
vegetables listed in Schedule 5.
(2) This regulation does not apply to any fruit or
vegetables listed in Schedule 5 that have been
held for more than 14 days in cold storage at a
temperature of less than 0.5 degrees Celsius
immediately prior to being brought into Victoria.
27. Identification of plants or plant products for
propagation
For the purposes of section 39 of the Act,
prescribed plants or plant products are any berry
cane, fruit tree, fruit tree budwood, garlic clove,
potato tuber, strawberry runner, vine rootling or
vine cutting sold for propagation.
_______________
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PART 4—WARNING MARKS
28. Warning mark
(1) For the purposes of section 52(1)(j) of the Act, the
prescribed manner of attaching a warning mark to
any package containing plants or plant products
seized or detained by an inspector under the Act is
to attach an adhesive label in the form in Schedule
6 to the package.
(2) A person must not—
(a) detach a warning mark or cause or permit it
to be detached without the written consent of
the inspector who attached it to the package;
or
(b) deface or obscure a warning mark or permit
it to be defaced or obscured.
Penalty: 10 penalty units.
_______________
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PART 5—ALTERATIONS
29. Alterations to be authorised
A person must not—
(a) alter or permit to be altered any information
on a plant health certificate unless the
alteration is authorised by an officer
authorised to sign plant health certificates; or
(b) alter or permit to be altered any information
on a plant health declaration unless the
alteration is authorised by the person who
signed the plant health declaration.
Penalty: 10 penalty units.
_______________
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PART 6—FEES AND CHARGES
30. Fees and charges
(1) An inspector may impose fees and charges at the
amounts or rates fixed by the Minister under
section 46 of the Act for—
(a) inspecting plants, plant products, packages
or agricultural equipment including the
examination of any certificate, document or
label accompanying, attached to or relating
to any plants, plant products, packages or
agricultural equipment;
(b) inspection of any land including the
inspection of plants growing on the land;
(c) supervising the treatment of any plants, plant
products, packages or agricultural equipment
or land; and
(d) supervising the destruction or disposal of any
plants, plant products, packages or
agricultural equipment.
(2) The owner of the consignment of plants, plant
products, packages, used agricultural equipment
or land referred to in sub-regulation (1) must pay
the relevant fee or charge.
(3) An inspector may impose fees and charges at the
amounts or rates determined by the Minister
under section 46 of the Act for—
(a) the preparation of a compliance agreement;
and
(b) the auditing of any compliance agreement.
(4) The person requesting the preparation of a
compliance agreement must pay the fees and
charges referred to in sub-regulation (3)(a) and a
party to a compliance agreement, other than the
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Crown, must pay the fees and charges referred to
in sub-regulation (3)(b).
_______________
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PART 7—INFRINGEMENT NOTICES
31. Prescribed offences
(1) For the purposes of section 60 (1) of the Act, an
offence against regulation 8 or 28(2) is a
prescribed offence.
(2) For the purposes of section 61(a) of the Act, the
prescribed form for an infringement notice is the
form in Schedule 7.
(3) For the purposes of section 61(b) of the Act, the
penalty for an offence for which an infringement
notice may be issued is the penalty listed opposite
that offence in Schedule 8.
__________________
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32
SCHEDULES
SCHEDULE 1
Regulation 4
REGULATIONS REVOKED
S.R. No. Title
232/1988 Fruit and Vegetables Packing Regulations 1988
401/1990 Fruit and Vegetables Packing (Amendment) Regulations 1990
278/1992 Vegetation and Vine Diseases Regulations 1992
340/1992 Vegetation and Vine Diseases (Amendment) Regulations 1992
148/1993 Vegetation and Vine Diseases (Amendment) Regulations 1993
134/1995 Vegetation and Vine Diseases (Amendment) Regulations 1995
157/1995 Vegetation and Vine Diseases (Fees) Regulations 1995
__________________
Sch. 1
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33
SCHEDULE 2
Regulation 5
AREA FREEDOM CERTIFICATE
I certify that to the best of my knowledge the area described below of the
State/Territory of is free of (cross out names which are not
applicable):
annual ryegrass toxicity
boil smut (Ustilago maydis)
citrus red mite (Panonychus citri)
green snail
Mediterranean fruit fly (Ceratitis capitata (Wiedemann))
onion smut (Urocystis cepulae)
papaya fruit fly (Bactrocera papaya)
phylloxera (Daktulosphaira vitifolii (Fitch))
potato cyst nematode (Globodera rostochiensis (Woll) or Globodera
palida (Stone))
Queensland fruit fly (Bactrocera tryoni (Froggart))
stem pitting citrus tristezia virus
western flower thrips (Frankliniella occidentalis) (Pergande)
Description of area:
Signature
Official Designation
Senior Plant Regulatory Officer or Equivalent
Department of
Date:
__________________
Sch. 2
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34
SCHEDULE 3
Regulation 6
PLANT HEALTH CERTIFICATE FOR MOVEMENT OF
PLANT MATERIAL IN AUSTRALIA
THIS IS TO CERTIFY THAT the plant material described below
is considered to conform with the requirements of the plant
health legislation of the State of
DESCRIPTION OF CONSIGNMENT
Name and Address of Exporter
Name and Address of Consignee
Means of Conveyance
Material/Produce and
Quality
Grower/Packer Address Regulation/Treatment
Name of Issuing Officer Designation Official Stamp
Signature Place Certified
Date
__________________
Sch. 3
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35
SCHEDULE 4
Regulation 7
PLANT HEALTH DECLARATION FOR MOVEMENT OF
PLANT MATERIAL IN AUSTRALIA
I DECLARE THAT the plant material described below is considered to
conform with the requirements of the plant health legislation of the State
of
Name and Address of Person Authorised to make Declarations
Name and Address of Grower
Name and Address of Consignor
Name and Address of Consignee
Means of Conveyance
Description of Items Quantity
Declaration of Condition or Treatment
Name of Authorised Person Signature of Authorised
Person
Date
__________________
Sch. 4
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36
SCHEDULE 5
Regulations 15 and 26
FRUIT FLY HOST SUSCEPTIBILITY
GROUP 1.
HOSTS TO MEDITERRANEAN, PAPAYA AND
QUEENSLAND FRUIT FLY
Abiu
Pouteria caimito (Ruiz & Pavon) Radlk. [Sapotaceae]
Apple
Malus domestica Bork L. [Rosaceae]
Apricot
Prunus armeniaca L. [Rosaceae]
Avocado
Persea americana Mill. [Lauraceae]
Blackberry
Rubus fruiticosus L. [Rosaceae]
Caimito (Star apple)
Chrysophyllum cainito L. [Sapotaceae]
Capsicum
Capsicum annuum v. grossum (L.) Sendt [Solanaceae]
Carambola (Starfruit)
Averrhoa carambola L. [Oxalidaceae]
Cashew apple
Anacardium occidentale L. [Anacardiaceae]
Casimiro (White sapote)
Casimiroa edulis LaLave & Lex. [Rutaceae]
Cherry
Prunus avium L. (Sweet Cherry) [Rosaceae]
Sch. 5
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Cherimoya
Annona cherimolia Mill. [Annonaceae]
Chilli
Capsicum annuum v. acuminatum Fingerh [Solanaceae]
Capsicum annuum v. cerasiforme (Miller) Irish [Solanaceae] (Cherry
peppers)
Capsicum annuum v.conoides (Miller) Irish [Solanaceae] (Tobasco)
Citron
Citrus medica L. [Rutaceae]
Custard Apple
Annona squamosa L. x A.cherimolia Mill. [Annonaceae]
Date
Phoenix dactylifera L. [Areaceae]
Feijoa
Acca sellowiana (Berg.) Burret [Myrataceae]
Fig
Ficus carica L. [Moraceae]
Granadilla
Passiflora quadrangularis L. [Passifloraceae]
Grapefruit
Citrus paradisi Macf. [Rutaceae]
Grumichama
Eugenia braziliensis Lam. [Myrtaceae]
Guava
Psidium guajava L. [Myrtaceae]
P.cattleianum Sabine [Myrtaceae] (Strawberry guava)
P.cattleianum Sabine var. lucidum [Myrtaceae] (Yellow cattley guava)
P.cattleianum Sabine var. guineese Sw. [Myrtaceae] (Brazilian guava)
P.friedrichsthalianum Nied.[Myrtaceae] (Costa Rican guava)
Kiwifruit
Sch. 5
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38
Actinidia deliciosa (A. chev.) Liabg & Ferguson [Actinidiaceae]
Kumquat
Fortunella japonica (Thumb.) Swing.
F. margarita (Lour.) Swing. [Rutaceae]
Lemon
Citrus limon (L) Burm. f. [Rutaceae]
Lemon
Citrus aurantifolia (Christm.) Swing [Rutaceae] (West Indian Lime)
C. reticulata rar. austera Lyb [Rutaceae] (Rangpur Lime)
Lemon (Meyer)
Citrus limon x C.chinense or Citrus meyeri Tanaka
Loganberry
Rubus loganobaccus L.H. Bailey [Rosaceae]
Loquat
Eriobotrya japonica (Thunb.) Lindley [Rosaceae]
Mandarin
Citrus reticulata Blanco [Rutaceae]
Mango
Mangifera indica L. [Anacardiaceae]
Mulberry
Morus nigra L. [Moraceae]
Nashi
Pyrus pyrifolia var. culta (Mak.) Nakai or P. betulaefolia [Rosaceae]
Nectarine
Prunus persicae var. nectarina (R.Br.) Maxim. [Rosaceae]
Orange
Citrus aurantium L. C. sinensis (L) Osbeck [Rutaceae]
Sch. 5
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Passionfruit
Passiflora edulis f. edulis Sims [Passifloraceae] (Purple)
P. edulis f. flavicarpas Sims [Passifloraceae] (Yellow)
Peach
Prunus persica (L.) Batsch [Rosaceae]
Peacharine
Prunus persica (rar.) nucipersica
Pear
Pyrus communis L. [Rosaceae]
Pepino
Solanum muricatum Aiton [Solanaceae]
Persimmon
Diospyros kaki L.F. [Ebenaceae]
Plum
Prunus domestica [Rosaceae]
Plumcot
Prunus domestica x P.ameniaca
Plummelo
Citrus grandis (L.) Osbeck [Rutaceae]
Prickly pear
Opuntia stricta (Haw.) Haw or Opuntia ficus indica (L.) Miller
[Cactaceae]
Pummelo
Citrus grandis (L.) Osbeck [Rutaceae]
Quince
Cydonia oblonga Miller [Rosaceae]
Raspberry
Rubus idaeus L. [Rosaceae]
Sch. 5
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Rollinia
Rollinia deliciosa Safford [Annonaceae]
R. mucosa Baill. [Annonaceae]
Santol
Sandoricum indicum Cav. [Meliaceae]
Sapodilla
Manilkara zapota (L.) Van Royen [Sapotaceae]
Soursop
Annona muricata L. [Annonaceae]
Strawberry
Fragaria ananassa Duch. [Rosaceae].
Sweetsop (sugar apple)
Annona squamosa L. [Annonaceae]
Tamarillo
Cyphomandra betacea (Cao) Sendtner [Solanaceae]
Tangelo
Citrus x tangelo J. Ingram & H.E.Moore
Citrus reticulata x C. paradisi [Rutaceae]
Wax jambu (Rose Apple)
Eugenia jambos L. [Myrtaceae]
GROUP 2.
HOSTS TO MEDITERRANEAN AND PAPAYA FRUIT FLY HOSTS
TO QUEENSLAND FRUIT FLY ONLY WHEN SKIN DAMAGED
Breadfruit (ripe)
Artocarpus altilis (Parkinsonia) Fosb. [Moraceae]
Durian
Durio zibethinus Murray [Bombacaceae]
Jaboticaba
Myrciaria cauliflora (DC.) Berg. [Myrtaceae]
Jackfruit
Sch. 5
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41
Artocarpus heterophyllus Lam. [Moraceae]
Longan
Euphoria longan (Lour.) Stued. [Sapindaceae](Logan)
Lychee
Litchi chinensis Sonn. [Sapindaceae]
Pomegranate
Punica granatum L. [Punicaceae].
GROUP 3.
HOSTS TO PAPAYA FRUIT FLY
HOSTS TO MEDITERRANEAN AND QUEENSLAND FRUIT FLY
ONLY WHEN RIPE
Tomato
Lycopersicon esculentum Millar [Solanaceae]
GROUP 4.
HOSTS TO MEDITERRANEAN AND PAPAYA FRUIT FLY
HOSTS TO QUEENSLAND FRUIT FLY ONLY WHEN RIPE
Babaco
Carica pentagona Heilb. [Caricacea]
Banana
Musa acuminata [Musaceae]
Black Sapote
Diospyros ebenaster Retz. [Ebenaceae]
Breadfruit
Artocarpus altilis (Parkinsonia) Fosb. [Moraceae]
Mangosteen
Garcinia mangostana L. [Guttiferae]
Sch. 5
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Pawpaw
Carica papaya L. [Caricaceae]
Passionfruit
Passiflora edulis f. edulis Sims [Passifloraceae]
Tahitian Lime
Citrus latifolia Tanaka [Rutaceae]
GROUP 5.
HOSTS TO MEDITERRANEAN AND PAPAYA FRUIT FLY
HOSTS TO QUEENSLAND FRUIT FLY ONLY WHEN OVER-RIPE
Acerola
Malpighia glabra L. [Malpighiaceae
M.glabra x M.puniifolia L. (Barbados cherry)
Blueberry
Vaccinium corymbosum L. [Ericaeae]
Grape
Vitis vinifera L. [Vitaceae]
Lime
Citrus aurantiifolia (Christm) Swing. [Rutaceae] (West Indian Lime)
C. reticulata var. Austeria Lyb. [Rutaceae] (Rangpur Lime)
Lemon (true)
Citrus limon (L) Brum. f. [Rutaceae]
GROUP 6.
HOSTS TO MEDITERRANEAN AND PAPAYA FRUIT FLY
Banana (Riper than mature green)
Musa acuminata [Musaceae]
Sch. 5
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Coffee bean
Coffea arabica L. [Rubiaceae] (Arabian coffee)
Coffea canephora Pierre & Froehner [Rubiaceae] & others
Coffea excelsa Chiov. [Rubiaceae] (Excelsa coffee)
Coffea liberica Hiern. [Rubiaceae] (Liberian coffee)
Coffea robusta Linden. [Rubiaceae] (Robusta coffee)
Date (dried)
Phoenix dactylifera L. [Palmae]
Eggplant
Solanum melongena L. [Solanaceae]
Monstera
Monstera deliciosa Liebm [Araceae]
Olive
Olea europaea L. Subsp. europaea L. [Oleaceae]
GROUP 7.
HOSTS TO MEDITERRANEAN FRUIT FLY ONLY
Choko
Sechium edule (Jacq.) Sw. [Cucurbitaceae]
GROUP 8.
HOSTS TO PAPAYA FRUIT FLY ONLY
Cucumber
Cucumis sativus L. [Cucurbitaceae]
Honeydew
Cucumis melo L. Cv. Honeydew or Casaba [Cucurbitaceae]
Pumpkin
Cucurbita maxima Duch.exLam. [Cucurbitaccae]
C.moschata (Duch.ex Lam.) Duch. ex Poir [Cucurbitaccae] (Tropical)
Sch. 5
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Rockmelon
Cucumis melo L. [Cucurbitaceae]
Squash
Cucurbita pepo L. var. melopepo Alef [Cucurbitaceae]
Watermelon
Citrullus lanatus (Thunb.) Mansf. [Cucurbitaceae]
Zucchini
Cucurbita pepo L. [Cucurbitaceae].
__________________
Sch. 5
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SCHEDULE 6
Regulation 28
WARNING MARK
STOP SALE
The packages of plants or plant products to which this warning mark is attached
are the subject of a notice or order under the Plant Health and Plant Products
Act 1995. Any person selling or removing them or detaching this mark without
the written authority of an inspector or defacing or obscuring this mark is guilty
of an offence.
Items........................................................................................... Quantity
Name of Inspector.......................................................................................
Signature of Inspector ................................................................................
Date........................................................Time......................................
__________________
Sch. 6
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SCHEDULE 7
Regulation 31(2)
INFRINGEMENT NOTICE
No:
To
(Family Name) (Given Name/s)
Address:
Post Code
It is alleged that the offence indicated below was committed on the date and
at the time and location shown below.
Date: Time:
Location:
Legislation under which Infringement Notice given.
Offence:
Penalty: $
Name of Inspector (print)
Signature of Inspector
Date of issue of notice:
Sch. 7
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HOW YOU MAY DISPOSE OF THIS MATTER
If you pay the penalty indicated within 28 days from the date of this notice -
• by payment in person at the office of the Melbourne Wholesale Fruit and
Vegetable Market Authority; or
• by payment in person to the Receiver of Public Monies, Department administering
the Act; or
• by sending a cheque payable to the Department administering the Act;
this matter will not be brought before a court unless a withdrawal notice is sent to
you before the end of the period specified in this notice at the time for payment of the
penalty.
__________________
Sch. 7
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SCHEDULE 8
Regulation 31(3)
PENALTIES
Provision of Act or Regulation Penalty $
Section 9(4) $100
Section 31 $200
Section 32 $200
Section 35 $200
Section 38 $200
Section 39 $200
Section 41 $200
Section 42 $200
Section 57(6) $200
Regulation 8 $100
Regulation 28(2) $100
═══════════════
Sch. 8
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NOTES
The Seeds Regulations 1983, S.R. No. 250/1983 were revoked on 1
December 1993.
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