Plant Biosecurity Amendment Act 2013

Authorised by the Chief Parliamentary Counsel Authorised Version i Plant Biosecurity Amendment Act 2013 No. 54 of 2013 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 1 3 Definitions 2 4 Infested land notice 2 5 Inspector's directions under section 35 3 6 Non-compliance under order 3 7 New sections 59A to 59D inserted 4 59A Notice of debt to be served on prescribed owner of land 4 59B Amounts owing to be a charge on the land 6 59C Recording of charge 6 59D Certificate of Secretary 7 8 New section 144 inserted 8 144 Transitional provision—Plant Biosecurity Amendment Act 2013 8 9 Repeal of amending Act 9 ═══════════════ ENDNOTES 10 -- 1 of 11 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Plant Biosecurity Amendment Act 2013 † No. 54 of 2013 [Assented to 24 September 2013] The Parliament of Victoria enacts: 1 Purpose The main purpose of this Act is to amend the Plant Biosecurity Act 2010 to provide for certain debts due to the State under that Act to be a charge on land. 2 Commencement This Act commences on the day after the day on which it receives the Royal Assent. Victoria -- 2 of 11 -- Plant Biosecurity Amendment Act 2013 No. 54 of 2013 2 Authorised by the Chief Parliamentary Counsel 3 Definitions In section 3(1) of the Plant Biosecurity Act 2010 insert the following definition— "prescribed owner means— (a) in relation to land that has been alienated in fee by the Crown and is under the operation of the Transfer of Land Act 1958 (other than land in an identified folio under that Act)—the person who is registered or entitled to be registered as proprietor, or the persons who are registered or entitled to be registered as proprietors, of an estate in fee simple in the land; (b) in relation to land that has been alienated in fee by the Crown and is land in an identified folio under the Transfer of Land Act 1958 or land not under the Transfer of Land Act 1958—the person who is the owner, or the persons who are the owners, of the fee or equity of redemption;". 4 Infested land notice After section 25(4) of the Plant Biosecurity Act 2010 insert— "(5) The Secretary must cause a copy of a notice given to the owner or occupier of land under subsection (1) to be given to the prescribed owner of the land unless notice was given to the prescribed owner under subsection (1).". See: Act No. 60/2010 and amending Act No. 82/2012. LawToday: www. legislation. vic.gov.au s. 3 -- 3 of 11 -- Plant Biosecurity Amendment Act 2013 No. 54 of 2013 3 Authorised by the Chief Parliamentary Counsel 5 Inspector's directions under section 35 After section 35(4) of the Plant Biosecurity Act 2010 insert— "(5) The inspector must cause a copy of a direction issued under subsection (2) that imposes a requirement on the owner or occupier of land to do anything in relation to the land to be given to the prescribed owner of the land, unless the direction was given to the prescribed owner under subsection (2).". 6 Non-compliance under order After section 58(3) of the Plant Biosecurity Act 2010 insert— "(4) The Minister must send a copy of a determination under subsection (2) to the prescribed owner of land if the determination relates to a failure of an owner or occupier of the land to comply with— (a) a notice given by the Secretary under section 25 in relation to the land; or (b) a direction issued by an inspector under section 35 that imposes a requirement on the owner or the occupier of the land to do anything in relation to the land. (5) Subsection (4) does not apply if a copy of the determination was sent to the prescribed owner under subsection (3).". s. 5 -- 4 of 11 -- Plant Biosecurity Amendment Act 2013 No. 54 of 2013 4 Authorised by the Chief Parliamentary Counsel 7 New sections 59A to 59D inserted After section 59 of the Plant Biosecurity Act 2010 insert— "59A Notice of debt to be served on prescribed owner of land (1) This section applies if a determination is made under section 58 relating to work done as a result of a failure by an owner or occupier of land to comply with— (a) a notice given by the Secretary under section 25 in relation to the land; or (b) a direction issued by an inspector under section 35 that imposes a requirement on the owner or the occupier of the land to do anything in relation to the land. (2) The Minister may cause a notice to be served on the prescribed owner of the land if the amount of costs and expenses required to be paid as a result of the determination has not been paid within 7 days of the later of the following to occur— (a) the end of the period for making an application to VCAT for review of the determination; or (b) if an application to VCAT for review of the determination is made in that period, when a final determination of the application is made confirming the determination of the Minister under section 58 (with or without variations). s. 7 -- 5 of 11 -- Plant Biosecurity Amendment Act 2013 No. 54 of 2013 5 Authorised by the Chief Parliamentary Counsel (3) A notice under subsection (2) must specify— (a) the address of the land to which the notice relates; and (b) if the notice relates to land under the Transfer of Land Act 1958, the folio of the Register relating to the land; and (c) if the notice relates to land not under the Transfer of Land Act 1958, a description of the land sufficient to identify the land; and (d) if the determination relates to a failure to comply with a notice given by the Secretary under section 25, details of the notice and the person to whom it was given; and (e) if the determination relates to a failure to comply with a direction issued by an inspector under section 35, details of the direction and the person to whom it was issued; and (f) the amount of costs and expenses owing; and (g) the date (the due date) by which the amount owing must be paid which must be not less than 30 days after the date of the notice; and (h) that a charge on the land to which the notice relates or notice of the charge will be recorded under section 59C if the costs and expenses are not paid by the due date; and (i) the prescribed particulars (if any). s. 7 -- 6 of 11 -- Plant Biosecurity Amendment Act 2013 No. 54 of 2013 6 Authorised by the Chief Parliamentary Counsel (4) If the Minister determines that it is not practicable to serve the notice in accordance with section 126, a notice under subsection (2) is taken to have been served on or given to the prescribed owner of the land to which the notice relates if the notice is affixed in a conspicuous place on that land. (5) The Minister must cause a copy of a notice under subsection (2) to be sent to the person from whom the Minister has determined under section 58(2) that the reasonable costs and expenses should be recovered unless the person was given notice under subsection (2). 59B Amounts owing to be a charge on the land (1) If a notice has been served under section 59A in relation to land and the amount of costs and expenses owing has not been paid by the due date for payment specified in the notice, the amount owing is a first charge on the land. (2) Land is charged under this section when the charge or notice of the charge is recorded under section 59C. 59C Recording of charge (1) The Secretary must apply to the Registrar of Titles to record a charge or notice of a charge on land under section 59B. (2) The application must— (a) be in the form approved by the Registrar of Titles; and (b) describe the land charged; and s. 7 -- 7 of 11 -- Plant Biosecurity Amendment Act 2013 No. 54 of 2013 7 Authorised by the Chief Parliamentary Counsel (c) state that there is an unpaid amount under the Plant Biosecurity Act 2010 in respect of the land. (3) The Registrar of Titles must make a recording of the charge or notice of the charge in the Register. (4) When the amount owing is paid, the Secretary must apply to the Registrar of Titles as soon as practicable in the form approved by the Registrar— (a) to remove or delete the charge or notice of the charge; or (b) to make a recording in the Register of the discharge of the charge. (5) The Registrar of Titles must take the action requested in the application by the Secretary under subsection (4). 59D Certificate of Secretary (1) An owner, purchaser or mortgagee of land may apply to the Secretary for a certificate under this section. (2) An application must be accompanied by the prescribed fee (if any). (3) If an application is made under this section, the Secretary must issue a certificate showing if there is any amount due under section 58 and unpaid on the land described in the application. (4) The Secretary may include any other information in the certificate that he or she thinks appropriate. s. 7 -- 8 of 11 -- Plant Biosecurity Amendment Act 2013 No. 54 of 2013 8 Authorised by the Chief Parliamentary Counsel (5) If a person— (a) is a bona fide purchaser for value of land; and (b) obtains a certificate from the Secretary under this section in respect of the land— the charge under section 59B does not secure any amount due under section 58 in respect of the land in excess of the amount set out in the certificate.". 8 New section 144 inserted After section 143 of the Plant Biosecurity Act 2010 insert— "144 Transitional provision—Plant Biosecurity Amendment Act 2013 (1) Without limiting sections 59A, 59B, 59C and 59D, those sections apply to the recovery of an amount of reasonable costs and expenses incurred under section 58(1) on or after 1 July 2013 but not paid before the commencement date, whether a determination by the Minister under section 58(2) in relation to the recovery of the costs and expenses was made before the commencement date or is made after that date. (2) Subsection (1) applies to the recovery of an amount determined to be owing even though the prescribed owner of the land to which the determination relates was not given notice under section 25(5) or 35(5) or, in the case of a determination made by the Minister before the commencement date, under section 58(4). s. 8 -- 9 of 11 -- Plant Biosecurity Amendment Act 2013 No. 54 of 2013 9 Authorised by the Chief Parliamentary Counsel (3) In this section— commencement date means the date of commencement of section 7 of the Plant Biosecurity Amendment Act 2013.". 9 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 9 -- 10 of 11 -- Plant Biosecurity Amendment Act 2013 No. 54 of 2013 10 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 21 August 2013 Legislative Council: 5 September 2013 The long title for the Bill for this Act was "A Bill for an Act to amend the Plant Biosecurity Act 2010 to provide for certain debts due to the State under that Act to be a charge on land and for other purposes." Endnotes -- 11 of 11 --