Agriculture Legislation (Amendments and Repeals) Act 2002

i Agriculture Legislation (Amendments and Repeals) Act 2002 Act No. 44/2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purpose 1 2. Commencement 2 PART 2—PLANT HEALTH AND PLANT PRODUCTS 3 3. Amendment of purposes 3 4. Definition 3 5. New section 5A inserted 3 5A. Ministerial orders 3 6. Movement of prescribed material within Victoria 5 7. Notification 6 8. Disposal of plants, plant products, plant vectors, used packages, used agricultural equipment, soil or beehives 7 9. Variation of penalties 8 10. Plant vectors in quarantine areas 9 11. Variation of penalties 10 12. Plant vectors in restricted areas and amended penalty 10 13. Importation orders 11 14. Contravention of importation orders 12 15. Repeal of sections 30 and 31—Labelling of seeds 12 16. Packages 12 17. Labelling with location of production code 13 18. Repeal of sections 36 to 38—Packing and description 13 19. Failure to comply with a compliance agreement 13 20. Delegation of order making powers to Secretary 13 21. Reduced compliance times 14 22. Inspectors powers 14 23. Consequential amendment 14 24. Power to detain used packages 14 25. Powers relating to suspected exotic pests or diseases 14 26. Infringement notices 15 27. New section 66A inserted 15 66A. Extension of time 15 -- 1 of 21 -- Section Page ii 28. Offences relating to enforcement 15 29. New section 77 inserted 16 77. Further transitional provision 16 PART 3—SALE OF LAND 17 30. Statement of matters affecting land being sold 17 31. Insertion of new Part 3 in the Sale of Land Act 1962 17 PART 3—TRANSITIONAL PROVISIONS 17 37. Application of amendment to section 32— Agriculture Legislation (Amendments and Repeals) Act 2002 17 PART 4—REPEALS 18 32. Repeal of redundant Acts 18 ═══════════════ ENDNOTES 19 -- 2 of 21 -- 1 Agriculture Legislation (Amendments and Repeals) Act 2002 † [Assented to 22 October 2002] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purpose The main purpose of this Act is to— (a) amend the Plant Health and Plant Products Act 1995 and the Sale of Land Act 1962; and (b) repeal the Wheat Marketing Act 1989 and the Egg Industry (Deregulation) Act 1993. Victoria No. 44 of 2002 -- 3 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 2 2. Commencement (1) This section and sections 1 and 32 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-sections (3) and (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If sections 30 and 31 do not come into operation before 1 June 2003, those sections come into operation on that day. (4) If a provision of this Act does not come into operation before 31 December 2003, it comes into operation on that day. __________________ s. 2 -- 4 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 3 PART 2—PLANT HEALTH AND PLANT PRODUCTS 3. Amendment of purposes In section 1(a) of the Plant Health and Plant Products Act 1995 after "the" insert "preventing,". 4. Definition In section 3(1) of the Plant Health and Plant Products Act 1995 insert the following definition— ' "plant vector", in relation to an exotic pest or disease, means any livestock or livestock product within the meaning of the Livestock Disease Control Act 1994 that is a vector of the exotic pest or disease;'. 5. New section 5A inserted After section 5 of the Plant Health and Plant Products Act 1995 insert— "5A. Ministerial orders (1) The Minister may make any orders that are permitted or required for the purposes of this Act. s. 3 See: Act No. 51/1995. Reprint No. 1 as at 8 August 1997 and amending Act Nos 26/1998, 46/1998, 52/1998, 83/1998 and 62/2000. LawToday: www.dms. dpc.vic. gov.au -- 5 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 4 (2) Without affecting the generality of sub- section (1), if the Minister is of the opinion that— (a) an organism of the plant or animal kingdom (other than vertebrates); or (b) any bacterium, fungus, protozoa, phytoplasma, virus or viroid; or (c) a disorder, condition or cause of specified symptoms in plants or plant products— (a suspected exotic pest or disease) is harmful to the growth or quality (including the commercial or marketable quality) of plants or plant products, the Minister may, by order published in the Government Gazette, declare the suspected pest or disease to be an exotic pest or disease. (3) An order made under sub-section (2) may declare the exotic pest or disease by reference to one or both of the following— (a) a general description of the organism, bacterium, fungus, protozoa, phytoplasma, virus or viroid, disorder, condition or symptoms; (b) a description of the effect the suspected exotic pest or disease has on the growth or quality (including the commercial or marketable quality) of plants or plant products. (4) An order under sub-section (3) remains in force for 28 days after the date of making unless sooner revoked by the Minister.". s. 5 -- 6 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 5 6. Movement of prescribed material within Victoria (1) Insert the following heading to section 6 of the Plant Health and Plant Products Act 1995— "Importation, movement and possession of prescribed material, plants and plant products". (2) In section 6 of the Plant Health and Plant Products Act 1995— (a) in sub-section (1) after paragraph (a) insert— "(ab) introduce or bring prescribed material into any part of Victoria from another part of Victoria that is declared by order of the Minister to be a restricted area; or"; (b) for the penalty at the foot of sub-section (1) substitute— "Penalty: 50 penalty units, in the case of a natural person. 100 penalty units in the case of a body corporate.". (c) for the penalty at the foot of sub-section (1A) substitute— "Penalty: 50 penalty units, in the case of a natural person. 100 penalty units in the case of a body corporate.". (d) in sub-section (2)(c), after "purposes" insert "or purposes of protecting the environment or furthering agricultural interests"; (e) in sub-section (2)(d) before "with" insert "in accordance"; s. 6 -- 7 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 6 (f) in sub-section (4), for paragraphs (a), (b) and (c) substitute— "(a) plant, plant product or plant vector; (b) used package or used agricultural equipment; (c) soil; (d) beehive—". (3) After section 6(3) of the Plant Health and Plant Products Act 1995 insert— "(3A) The Minister may grant consent for the purposes of this section— (a) that applies generally to the importation, movement or possession of samples of plants or plant products from another State or Territory for diagnosis by a plant testing laboratory in Victoria except samples of plants or plant products known to be infected or infested by an exotic pest or disease; and (b) that is unconditional or is subject to conditions.". 7. Notification In section 7(1) of the Plant Health and Plant Products Act 1995— (a) in paragraph (b) for "person—" substitute "person; or"; (b) after paragraph (b) insert— "(c) dealt with by that person as— (i) a consultant or contractor engaged by a person referred to in paragraph (a) or (b); or s. 7 -- 8 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 7 (ii) the owner or person in charge of a diagnostic laboratory—". 8. Disposal of plants, plant products, plant vectors, used packages, used agricultural equipment, soil or beehives (1) In section 10(1) of the Plant Health and Plant Products Act 1995— (a) for "plant product, used package, used agricultural equipment or soil" substitute "plant product, plant vector, used package, used agricultural equipment, soil or beehive"; (b) for "plant product, package, agricultural equipment or soil" substitute "plant product, plant vector, used package, used agricultural equipment, soil or beehive". (2) In section 10(2) of the Plant Health and Plant Products Act 1995 for "plant product, package, agricultural equipment or soil" (where twice occurring) substitute "plant product, plant vector, used package, used agricultural equipment, soil or beehive". (3) After section 10(2) of the Plant Health and Plant Products Act 1995 insert— "(3) If any plant, plant product, plant vector, used package, used agricultural equipment, soil or beehive is introduced into— (a) Victoria; or (b) a control area declared by the Governor in Council under section 9; or (c) a quarantine area or restricted area— contrary to any provision of this Act or an order made under this Act, an inspector may, by direction in writing given to the owner or s. 8 -- 9 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 8 person apparently in charge of the plant, plant product, plant vector, package, agricultural equipment, soil or beehive, require that owner or person to do one of the following in accordance with the requirements of the direction— (d) return the plant, plant product, plant vector, package, agricultural equipment, soil or beehive to the consignor; (e) treat the plant, plant product, plant vector, package, agricultural equipment, soil or beehive; (f) dispose of the plant, plant product, plant vector, package, agricultural equipment, soil or beehive. (4) A person who has been given a direction in writing under sub-section (3) must return the plant, plant product, plant vector, package, agricultural equipment, soil or beehive to the consignor in accordance with the requirements of the direction or treat or dispose of the plant, plant product, plant vector, package, agricultural equipment, soil or beehive in accordance with the requirements of the direction. Penalty: 50 penalty units.". 9. Variation of penalties In the Plant Health and Plant Products Act 1995— (a) for the penalty at the foot of section 12(2), (3) and (4) substitute— "Penalty: 50 penalty units, in the case of a natural person. s. 9 -- 10 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 9 100 penalty units in the case of a body corporate."; (b) for the penalty at the foot of section 13(4), substitute— "Penalty: 25 penalty units, in the case of a natural person. 50 penalty units in the case of a body corporate."; (c) for the penalty at the foot of section 14(2), substitute— "Penalty: 50 penalty units, in the case of a natural person. 100 penalty units in the case of a body corporate.". 10. Plant vectors in quarantine areas (1) After section 17(2) of the Plant Health and Plant Products Act 1995 insert— "(3) If the Minister is satisfied that any livestock or livestock product within the meaning of the Livestock Disease Control Act 1994 is a vector of an exotic pest or disease, the Minister may specify in an order under sub- section (1) any prohibitions, restrictions or requirements which are to operate in the quarantine area or part of the quarantine area with respect to that vector and the order must identify the classes or description of vector that are affected by the order.". (2) In section 19(1)(c) of the Plant Health and Plant Products Act 1995 for "plant product, used package, vehicle, used agricultural equipment or soil" substitute "plant product, plant vector, used package, vehicle, used agricultural equipment, soil or beehive". s. 10 -- 11 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 10 11. Variation of penalties For the penalty at the foot of section 19(1) of the Plant Health and Plant Products Act 1995 substitute— "Penalty: 50 penalty units, in the case of a natural person. 200 penalty units in the case of a body corporate.". 12. Plant vectors in restricted areas and amended penalty (1) In section 20(2) of the Plant Health and Plant Products Act 1995 for "soil, bees, honey, beeswax, honeycomb, beehives or pollen" substitute "soil or beehives". (2) After section 20(2) of the Plant Health and Plant Products Act 1995 insert— "(2A) If the Minister is satisfied that any livestock or livestock product within the meaning of the Livestock Disease Control Act 1994 is a vector of an exotic pest or disease, the Minister may specify in an order under sub- section (1) any prohibitions, restrictions or requirements which are to operate in the restricted area with respect to that vector and the order must identify the classes or description of vector that are affected by the order.". (3) In section 21(1)(a) of the Plant Health and Plant Products Act 1995 for "used packages, used agricultural equipment, soil, bees, honey, beeswax, honeycomb, beehives or pollen" substitute "plant vectors, used packages, used agricultural equipment, soil or beehives". s. 11 -- 12 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 11 (4) For the penalty at the foot of section 21(1) of the Plant Health and Plant Products Act 1995 substitute— "Penalty: 50 penalty units, in the case of a natural person. 100 penalty units in the case of a body corporate.". (5) In section 22(1) of the Plant Health and Plant Products Act 1995— (a) in paragraph (a)(i) for "or plant product" substitute ", plant product or plant vector"; (b) in paragraph (a) for sub-paragraph (iv) substitute— "(iv) any beehive—"; (c) in paragraphs (b), (c) and (k) for "and plant products" substitute ", plant products and plant vectors"; (d) in paragraphs (e), (f), (g), (i), (j), (l) and (m) after "plant products," insert "plant vectors,". 13. Importation orders (1) In section 24(1) and (2) of the Plant Health and Plant Products Act 1995 for "used packages, soil, bees, honey, beeswax, honeycomb, beehives or pollen" (wherever occurring) substitute "plant vectors, used packages, soil or beehives". (2) In section 24(3) of the Plant Health and Plant Products Act 1995 for "used package, soil, bees, honey, beeswax, honeycomb, beehives or pollen" (wherever occurring) substitute "plant vectors, used package, soil or beehives". s. 13 -- 13 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 12 14. Contravention of importation orders In section 25 of the Plant Health and Plant Products Act 1995— (a) for "used package, soil, bees, honey, beeswax, honeycomb, beehives or pollen" substitute " plant vectors, used packages, soil or beehives"; (b) for "200 penalty units" substitute "50 penalty units, in the case of a natural person, and not exceeding 200 penalty units, in the case of a body corporate". 15. Repeal of sections 30 and 31—Labelling of seeds Sections 30 and 31 of the Plant Health and Plant Products Act 1995 are repealed. 16. Packages (1) In section 34(1) of the Plant Health and Plant Products Act 1995, for "clean" substitute "clean to touch and free of extraneous visible matter and objectionable odour". (2) For section 34(2) of the Plant Health and Plant Products Act 1995, substitute— "(2) An inspector may by order, orally or in writing, require used packages referred to in sub-section (1)— (a) to be subject to a specified treatment or a specified course of treatment or to be subject to other action of a specified kind for the purpose of ensuring compliance with sub-section (1); (b) to be destroyed or disposed of in a specified manner; (c) to be cleaned, repaired or otherwise treated in a specified manner. s. 14 -- 14 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 13 (3) A person must not contravene any written direction of an inspector under sub- section (2). Penalty: 50 penalty units.". 17. Labelling with location of production code In section 35(1)(e) of the Plant Health and Plant Products Act 1995 after "were grown" insert "or a code indicating the location of their packing or production that is approved for use by that person by the Secretary". 18. Repeal of sections 36 to 38—Packing and description Sections 36, 37 and 38 of the Plant Health and Plant Products Act 1995 are repealed. 19. Failure to comply with a compliance agreement For section 43(6) of the Plant Health and Plant Products Act 1995 substitute— "(6) A party to a compliance agreement must ensure that any requirements imposed on that party under the agreement are complied with. Penalty: 100 penalty units. (6A) It is a defence to a charge under sub-section (6) if the person alleged to have committed the offence establishes that he or she took all reasonable steps to ensure compliance with the agreement.". 20. Delegation of order making powers to Secretary (1) In section 44(1) of the Plant Health and Plant Products Act 1995 after "sections" insert "5A,". (2) After section 44(2) of the Plant Health and Plant Products Act 1995 insert— "(3) The Minister may by instrument delegate to the Secretary the power of the Minister under section 5A.". s. 17 -- 15 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 14 21. Reduced compliance times At the end of section 48 of the Plant Health and Plant Products Act 1995 insert— "(2) Despite sub-section (1)(c), an inspector or the Secretary may fix a time, of not less than 2 days, on which an order, direction or notice comes into effect or must be carried out or complied with if the inspector or Secretary is satisfied that it is necessary to do so.". 22. Inspectors powers In section 52(1)(e) of the Plant Health and Plant Products Act 1995 after "document" (where first occurring) insert "that is required by or under this Act and any other document". 23. Consequential amendment Section 53(1)(d) of the Plant Health and Plant Products Act 1995 is repealed. 24. Power to detain used packages After section 54(1) of the Plant Health and Plant Products Act 1995 insert— "(1A) An inspector may detain any package that has been used, or is to be used, for packing for sale any fruit, vegetables or nuts and does not comply with section 34 for a period not exceeding 48 hours to complete an inspection and examination of the package.". 25. Powers relating to suspected exotic pests or diseases In section 59(1) of the Plant Health and Plant Products Act 1995 after "an exotic pest or disease" insert "or any plant or plant product that the inspector has reasonable grounds for suspecting is infected or infested with an exotic pest or disease". s. 21 -- 16 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 15 26. Infringement notices (1) In section 60(1) of the Plant Health and Plant Products Act 1995 for "9(4), 31, 32, 35, 38, 39, 41, 42" substitute "6, 9(4), 12, 13, 14, 19, 21, 22, 25, 29, 32, 34, 35, 39, 41, 42, 53(3), 54(4)". (2) In section 63 of the Plant Health and Plant Products Act 1995 for "2 penalty units" substitute "10 penalty units in the case of a natural person and 40 penalty units in the case of a body corporate". 27. New section 66A inserted After section 66 of the Plant Health and Plant Products Act 1995 insert— "66A. Extension of time Despite section 26 of the Magistrates' Court Act 1989, proceedings for an offence under sections 6(1), (1A) and (2), 7(1), 9(3) and (4), 19(1), 21(1), 22(3), 25, 28(1), 43(6), 71(1)(h), 71A, 71B and 71C(1) and (2) may be commenced within 3 years after the commission of the alleged offence.". 28. Offences relating to enforcement In section 71 of the Plant Health and Plant Products Act 1995— (a) in sub-section (1)(a) after "obstruct" insert "or hinder"; (b) for the penalty at the foot of sub-section (1) substitute— "Penalty: 60 penalty units.". s. 26 -- 17 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 16 29. New section 77 inserted After section 76 of the Plant Health and Plant Products Act 1995 insert— "77. Further transitional provision Section 66A does not apply to an offence under this Act that is alleged to have been committed before the commencement of section 27 of the Agriculture Legislation (Amendments and Repeals) Act 2002.". __________________ s. 29 -- 18 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 17 PART 3—SALE OF LAND 30. Statement of matters affecting land being sold In section 32(2) of the Sale of Land Act 1962, after paragraph (ca) insert— "(cb) a warning to the following effect— 'Important notice to purchasers: The property may be located in an area where commercial agricultural production activity may affect your enjoyment of the property. It is therefore in your interest to undertake an investigation of the possible amenity and other impacts from nearby properties and the agricultural practices and processes conducted there.' ". 31. Insertion of new Part 3 in the Sale of Land Act 1962 In the Sale of Land Act 1962, after Part 2 insert— "PART 3—TRANSITIONAL PROVISIONS 37. Application of amendment to section 32— Agriculture Legislation (Amendments and Repeals) Act 2002 Despite the commencement of section 30 of the Agriculture Legislation (Amendments and Repeals) Act 2002, section 32, as in force immediately before that commencement, continues to apply to any contract for the sale of land entered into before that commencement.". __________________ s. 30 See: Act No. 6975. Reprint No. 11 as at 6 December 2000 and amending Act Nos 74/2000, 11/2001 and 26/2001. LawToday: www.dms. dpc.vic. gov.au -- 19 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 18 PART 4—REPEALS 32. Repeal of redundant Acts (1) The Egg Industry (Deregulation) Act 1993 is repealed. (2) The Wheat Marketing Act 1989 is repealed. ═══════════════ s. 32 Act No. 47/1993. Act No. 46/1989. -- 20 of 21 -- Act No. 44/2002 Agriculture Legislation (Amendments and Repeals) Act 2002 19 ENDNOTES † Minister's second reading speech— Legislative Assembly: 9 May 2002 Legislative Council: 10 October 2002 The long title for the Bill for this Act was "to amend the Plant Health and Plant Products Act 1995 and the Sale of Land Act 1962 and to repeal the Wheat Marketing Act 1989 and the Egg Industry (Deregulation) Act 1993 and for other purposes." Endnotes -- 21 of 21 --