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Plant Health and Plant Products (Amendment) Act 2000

Legislation · Victoria · 2020
i Plant Health and Plant Products (Amendment) Act 2000 Act No. 62/2000 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. New purposes 2 4. Definitions 2 5. Importation requirements 3 6. Import orders may require certificate or declaration 6 7. Reconditioning of used packages 8 8. Amendment of Part 6 heading 8 PART 6—COMPLIANCE AGREEMENTS AND ACCREDITATION". 8 9. New sections 43A to 43D inserted 8 43A. Accreditation 8 43B. Register 9 43C. Amendment and cancellation 9 43D. Suspension 10 10. Approved inspection services 11 11. Inspection powers 11 12. New sections 52A to 52E inserted 11 52A. Search warrants 11 52B. Announcement before entry 13 52C. Details of warrant to be given to occupier 13 52D. Seizure of documents not mentioned in the warrant 14 52E. Copies of seized documents 14 13. New sections 71A to 71D inserted 15 71A. Offences about certification 15 71B. False statement in certificates and declarations 15 71C. Alterations to certificates and declarations 15 71D. Release of information 17 14. Amendment of regulation-making powers 17 ═══════════════ ENDNOTES 19 -- 1 of 20 -- 1 Plant Health and Plant Products (Amendment) Act 2000 † [Assented to 8 November 2000] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to make miscellaneous amendments to the Plant Health and Plant Products Act 1995. 2. Commencement (1) Subject to sub-section (2), this Act comes into operation on a day or days to be proclaimed. Victoria No. 62 of 2000 -- 2 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 2 (2) If a provision referred to in sub-section (1) does not come into operation before 30 June 2002, it comes into operation on that day. 3. New purposes In section 1 of the Plant Health and Plant Products Act 1995, after paragraph (b) insert— "(ba) facilitate the movement of plants, plant products, used packages, used agricultural equipment and soil within and into and out of Victoria;". 4. Definitions (1) In section 3(1) of the Plant Health and Plant Products Act 1995, insert the following definitions— ' "accredited person" means a person accredited to give assurance certificates— (a) under section 43A; or (b) by an officer or authority of a State or Territory administering a corresponding law; "assurance certificate" means a certificate issued by an accredited person; "corresponding law" means the Act of another State or Territory that corresponds with this Act;'. (2) In section 3(1) of the Plant Health and Plant Products Act 1995, in the definitions of "plant health certificate" and "plant health declaration" See: Act No. 51/1995. Reprint No. 1 as at 8 August 1997 and amending Acts Nos 26/1998, 46/1998, 52/1998 and 83/1998. LawToday: www.dms. dpc.vic. gov.au. s. 3 -- 3 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 3 for "prescribed form" substitute "form approved by the Secretary". 5. Importation requirements (1) In section 6(1) of the Plant Health and Plant Products Act 1995, for paragraph (c) substitute— "(c) if required by the regulations, has sent to the Secretary and has in his or her possession at the time that the prescribed material is delivered to the person in Victoria a copy of— (i) an assurance certificate; or (ii) a plant health certificate; or (iii) a plant health declaration;". (2) In section 6(1A) of the Plant Health and Plant Products Act 1995, for "section 6(1)(c)" substitute "sub-section (1)(c)". (3) After section 6(2) of the Plant Health and Plant Products Act 1995 insert— "(2A) An assurance certificate that is required under sub-section (1)(c) in respect of prescribed material must— (a) set out details of— (i) the person in Victoria to whom the prescribed plant material is being delivered; and (ii) the grower or packer and the consignor of the prescribed material; and (iii) the quantity, type, origin and destination of the prescribed material; and s. 5 -- 4 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 4 (iv) the condition, treatment or testing of the prescribed material; and (v) the accreditation number assigned to the accredited person by the Secretary or by an officer or authority of a State or Territory administering a corresponding law; and (b) contain any other prescribed particulars; and (c) be certified by the accredited person who issued the certificate verifying the details set out in paragraph (a) and any other prescribed particulars; and (d) be in the form approved by the Secretary. (2B) A plant health certificate that is required under sub-section (1)(c) in respect of prescribed material must— (a) set out details of— (i) the person in Victoria to whom the prescribed plant material is being delivered; and (ii) the grower or packer and the consignor of the prescribed material; and (iii) the quantity, type, origin and destination of the prescribed material; and (iv) the condition, treatment or testing of the prescribed material; and (b) contain any other prescribed particulars; and s. 5 -- 5 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 5 (c) be certified by the person issuing it verifying the details set out in paragraph (a) and any other prescribed particulars; and (d) be in the form approved by the Secretary. (2C) A plant health declaration that is required under sub-section (1)(c) in respect of prescribed material must— (a) set out details of— (i) the person in Victoria to whom the prescribed plant material is being delivered; and (ii) the grower or packer and the consignor of the prescribed material; and (iii) the quantity, type, origin and destination of the prescribed material; and (iv) the condition, treatment or testing of the prescribed material; and (b) contain any other prescribed particulars; and (c) include a declaration by the person issuing it verifying the details set out in paragraph (a) and any other prescribed particulars; and (d) be in the form approved by the Secretary.". s. 5 -- 6 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 6 6. Import orders may require certificate or declaration (1) In section 24(2) of the Plant Health and Plant Products Act 1995, for paragraph (c) substitute— "(c) may require the plants, plant products, used agricultural equipment, used packages, soil, bees, honey, beeswax, honeycomb, beehives or pollen referred to in the order to be accompanied by an assurance certificate, a plant health certificate or a plant health declaration that— (i) sets out details of— (A) the person in Victoria to whom the plants, plant products, used agricultural equipment, used packages, soil, bees, honey, beeswax, honeycomb, beehives or pollen is being delivered; and (B) the grower or packer and the consignor of the plants, plant products, used agricultural equipment, used packages, soil, bees, honey, beeswax, honeycomb, beehives or pollen; and (C) the quantity, type, origin and destination of the plants, plant products, used agricultural equipment, used packages, soil, bees, honey, beeswax, honeycomb, beehives or pollen; and (ii) states that the plants, plant products, used agricultural equipment, used packages, soil, bees, honey, beeswax, s. 6 -- 7 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 7 honeycomb, beehives or pollen have been treated or tested in accordance with the requirements of the order; and (iii) provides a description of the treatment or tests.". (2) After section 24(2) of the Plant Health and Plant Products Act 1995, insert— "(3) Without limiting sub-section (1), an order may, in relation to a requirement for a plant health declaration under sub-section (2)(c), limit or restrict the circumstances in which a plant health declaration may be issued by reference to all or any of the following— (a) the plant, plant product, used agricultural equipment, used package, soil, bees, honey, beeswax, honeycomb, beehives or pollen or class of plant, plant product, used agricultural equipment, used package, soil, bees, honey, beeswax, honeycomb, beehives or pollen; (b) the area or the class of area in which the plant, plant product, used agricultural equipment, used package, soil, bees, honey, beeswax, honeycomb, beehives or pollen was grown, produced or packed or from which it was consigned, having regard to the pest and disease status of that area; (c) the persons or class of persons authorised or permitted by the Act to issue plant health declarations.". s. 6 -- 8 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 8 7. Reconditioning of used packages In section 34(1)(b) of the Plant Health and Plant Products Act 1995, in sub-paragraph (ii), after "reconditioned" insert "in accordance with the regulations.". 8. Amendment of Part 6 heading For the heading to Part 6 of the Plant Health and Plant Products Act 1995, substitute— "PART 6—COMPLIANCE AGREEMENTS AND ACCREDITATION". 9. New sections 43A to 43D inserted After section 43 of the Plant Health and Plant Products Act 1995 insert— "43A. Accreditation (1) The Secretary may grant accreditation to a person to issue assurance certificates about plants, plant products, used agricultural equipment, used packages or soil that— (a) are grown, produced, packed, treated or tested in Victoria; or (b) are to be imported, introduced or brought into Victoria. (2) A person may apply to the Secretary for accreditation. (3) The Secretary may— (a) grant the accreditation applied for or another accreditation; or (b) refuse accreditation; or (c) grant accreditation subject to conditions, limitations or restrictions. s. 7 -- 9 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 9 (4) If the Secretary refuses to grant accreditation to an applicant, the Secretary must give the applicant a written notice stating— (a) the decision; and (b) the reasons for the decision; and (c) that the applicant may apply to the Secretary for reconsideration of the decision. 43B. Register (1) The Secretary must keep a register of accredited persons. (2) The Register must include particulars of— (a) all current accreditations; (b) any amendments or suspension of an accreditation. 43C. Amendment and cancellation (1) If the Secretary considers that a ground exists to amend or cancel an accreditation the Secretary must give the accredited person written notice— (a) of his or her intention to take the proposed action; and (b) of the reasons and grounds for the proposed action; and (c) inviting the accredited person (within a stated time of at least 28 days) to show why the action should not be taken. (2) If, after considering all written submissions made within the time stated in the notice, the Secretary still considers a ground exists to take the proposed action the Secretary may s. 9 -- 10 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 10 amend, suspend or cancel the accreditation in accordance with the terms of the notice. (3) The Secretary must give the person written notice of the decision and, if the Secretary decides to amend or cancel the accreditation, the reasons for the decision and that the person may apply to the Secretary for a reconsideration of the decision. 43D. Suspension (1) If the Secretary considers that a ground exists to suspend an accreditation the Secretary must— (a) immediately suspend that accreditation; and (b) give the accredited person written notice of the suspension as soon as practicable stating— (i) the reasons and grounds for the suspension; and (ii) that the accredited person may appeal against the suspension within 7 days of receiving the notice. (2) After considering any appeal by the accredited person made under sub-section (1)(b), the Secretary may— (a) if the Secretary still considers a ground exists to suspend the accreditation, suspend the accreditation for such period as the Secretary may determine; or (b) in any other case, cancel the suspension. s. 9 -- 11 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 11 (3) A decision under sub-section (2) must be made within 21 days of the appeal by the accredited person.". 10. Approved inspection services In section 51A(1) of the Plant Health and Plant Products Act 1995, after paragraph (e) insert— "(f) to provide services for the monitoring, examination, investigation and inspection of accredited persons and the operating procedures of those persons.". 11. Inspection powers In section 52(1)(a) of the Plant Health and Plant Products Act 1995, after "propagation," insert "growing,". 12. New sections 52A to 52E inserted After section 52 of the Plant Health and Plant Products Act 1995 insert— "52A. Search warrants (1) An inspector, with the written approval of the Secretary, may apply to a magistrate for the issue of a search warrant in relation to particular premises, if the inspector believes on reasonable grounds that there is on the premises any documentary evidence that a person or persons may have contravened this Act. (2) If a magistrate is satisfied, by the evidence, on oath or by affidavit, of the inspector that there are reasonable grounds to believe that there is a document of a particular kind connected with a contravention of this Act on any premises, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising s. 10 -- 12 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 12 an inspector named in the warrant, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment— (a) to enter the premises specified in the warrant, if necessary by force; and (b) to do all or any of the following— (i) search for; (ii) seize; (iii) secure against interference; (iv) examine; (v) inspect and make copies of, or take extracts from— a document of a particular kind named or described in the warrant and which the inspector believes, on reasonable grounds, to be connected with the alleged contravention. (3) A search warrant issued under this section must state— (a) the purpose for which the search is required and the nature of the alleged contravention; and (b) any conditions to which the warrant is subject; and (c) whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and (d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect. s. 12 -- 13 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 13 (4) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section. 52B. Announcement before entry (1) On executing a search warrant, the inspector executing the warrant— (a) must announce that he or she is authorised by the warrant to enter the premises; and (b) if the inspector has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises. (2) An inspector need not comply with sub- section (1) if he or she believes, on reasonable grounds, that immediate entry to the premises is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. 52C. Details of warrant to be given to occupier (1) If the occupier is present at premises where a search warrant is being executed, the inspector must— (a) identify himself or herself to the occupier; and (b) give to the occupier a copy of the warrant. (2) If the occupier is not present at premises where a search warrant is being executed, the inspector must— s. 12 -- 14 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 14 (a) identify himself or herself to any person at the premises; and (b) give to the person a copy of the warrant. 52D. Seizure of documents not mentioned in the warrant A search warrant under section 52A authorises an inspector executing the search warrant, in addition to the seizure of any document of the kind described in the warrant, to seize or take any document which is not of the kind described in the warrant if— (a) the inspector believes, on reasonable grounds, that the document is of a kind which could have been included in a search warrant issued under this Part; and (b) in the case of seizure, the inspector believes, on reasonable grounds, that it is necessary to seize that document in order to prevent its concealment, loss or destruction or its use in the contravention of this Act. 52E. Copies of seized documents (1) If an inspector retains possession of a document seized from a person pursuant to a search warrant under section 52A or seized in accordance with section 52D, the inspector must give the person, within 21 days of the seizure, a copy of the document certified as correct by the inspector. (2) A copy of a document certified under sub- section (1) shall be received in all courts and s. 12 -- 15 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 15 tribunals to be evidence of equal validity to the original.". 13. New sections 71A to 71D inserted After section 71 of the Plant Health and Plant Products Act 1995 insert— "71A. Offences about certification A person who is not an accredited person must not— (a) issue for, or in respect of, any plant, plant product, used agricultural equipment, used package, soil, bees, honey, beeswax, honeycomb, beehives or pollen anything that purports to be an assurance certificate; or (b) use for the purposes of this Act anything that purports to be an assurance certificate. Penalty: 30 penalty units. 71B. False statement in certificates and declarations A person must not include in any assurance certificate, plant health certificate or plant health declaration a statement or information that the person knows to be false. Penalty: 60 penalty units for a first offence. 120 penalty units for a second or subsequent offence. 71C. Alterations to certificates and declarations s. 13 -- 16 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 16 (1) A person must not— (a) alter or permit to be altered any information or statement in a plant health certificate unless the alteration is authorised in writing by an inspector, inspection agent or officer who is authorised by this Act to issue plant health certificates; or (b) alter or permit to be altered any information or statement in a plant health declaration unless the alteration is authorised in writing by a person authorised by the Secretary to make plant health declarations. Penalty: 60 penalty units for a first offence. 120 penalty units for a second or subsequent offence. (2) A person must not alter or permit to be altered any information or statement in an assurance certificate unless— (a) the alteration is authorised in writing by the accredited person who issued the assurance certificate; or (b) the alteration— (i) relates to the splitting of a consignment to which that assurance certificate relates; and (ii) is made by a person authorised by the Secretary or by an officer or s. 13 -- 17 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 17 authority of a State or Territory administering a corresponding law to split consignments. Penalty: 60 penalty units for a first offence. 120 penalty units for a second or subsequent offence. 71D. Release of information A person employed under Part 3 of the Public Sector Management and Employment Act 1998 who is authorised by the Secretary either generally or in a particular case may communicate information that comes to his or her knowledge in the exercise of his or her powers or authorities or the discharge of his or her functions or duties under this Act or under any scheme or agreement between the States and Territories of the Commonwealth relating to the movement of material to which this Act applies to— (a) an officer or authority of a State or Territory of the Commonwealth administering a corresponding law; or (b) any department or authority of the Commonwealth that the Secretary specifies.". 14. Amendment of regulation-making powers (1) In section 72(1) of the Plant Health and Plant Products Act 1995— (a) after paragraph (b) insert— "(ba) prescribing requirements and procedures for the reconditioning of used packages;"; s. 14 -- 18 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 18 (b) in paragraph (d), after "this Act" insert ", whether wholly or partially or subject to conditions, restrictions or limitations". (2) After section 72(2) of the Plant Health and Plant Products Act 1995, insert— "(2A) Without limiting sub-sections (1) and (2), for the purposes of section 6, the regulations may limit or restrict the persons or class of persons authorised or permitted by the Act to issue plant health declarations in relation to particular prescribed plant material or classes of prescribed plant material.". ═══════════════ s. 14 -- 19 of 20 -- Act No. 62/2000 Plant Health and Plant Products (Amendment) Act 2000 19 ENDNOTES † Minister's second reading speech— Legislative Assembly: 29 August 2000 Legislative Council: 4 October 2000 The long title for the Bill for this Act was "to make miscellaneous amendments to the Plant Health and Plant Products Act 1995 and for other purposes." Endnotes -- 20 of 20 --