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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2008-11-25 Daily Xml
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PLANT HEALTH BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. CARMEL ZOLLO (Minister for Correctional Services, Minister for Road Safety, Minister for Gambling, Minister Assisting the Minister for Multicultural Affairs) (17:20): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Plant Health Bill will help to protect South Australia's $1.5 billion fresh fruit, vegetable, grape and field crop industries from the introduction of pests and diseases of quarantine concern. Pests and disease risks are increasing due to increasing international and domestic trade, the movement of people and climate variability.

Securing the favourable plant health status of primary industries and the natural environment is of prime importance to South Australia. It is vital for the maintenance of the State's market access advantage for our plant produce and in the preservation of our unique natural environment and plant biodiversity for future generations. Mitigating the risks of introduction or establishment of pests and diseases is the most effective form of Biosecurity.

The Bill provides for an upgraded level of protection of plants from pests within South Australia, the regulation of the movement of plants into, within and out of the State, and the control, destruction and suppression of pests. Further, it provides for the repeal of the Fruit and Plant Protection Act 1992 and the Noxious Insects Act 1934.

The Bill updates existing legislation to:

allow for the establishment of an import verification compliance system,

ensure compliance with national emergency plant pest response requirements,

recognise national arrangements for interstate plant produce exports, and

ensure that South Australia is well positioned to respond to future incursions of both pests and diseases of quarantine concern, and noxious insects (locusts and plague grasshoppers).

The Bill will strengthen the processes for clearance of commercial imported plant produce to minimise the potential for introduction of pests and diseases of quarantine concern. This will involve the registration of commercial importers, the notification of imports to Primary Industries and Resources South Australia (PIRSA) via the provision of manifests by transport companies, and an improved system of produce clearance through an import verification system. The latter will require importers either to be accredited under an import verification compliance arrangement (IVCA) or to present consignments to a government inspector for clearance. The IVCA is designed to allow accredited businesses to undertake verification checks of imported produce and to provide for a flexible and cost effective alternative to government inspection.

Although the Fruit and Plant Protection Act 1992 has served this State well since its introduction, there have been a series of developments at the national level that require modification of the legislation.

South Australia is a member of Plant Health Australia Limited and a signatory to the national Emergency Plant Pest Response Deed. There are obligations in relation to the Deed that require legislative changes to ensure that the State can respond appropriately to future incursions of emergency plant pests (and diseases). These include a rapid reporting mechanism in the event of a suspect emergency plant pest, an ability to respond efficiently and effectively to such detections, and an ability to pay agreed owner reimbursement costs to an affected business in the event of an agreed national response plan.

Nationally there has also been the development of an Interstate Certification Assurance (ICA) system that allows accredited businesses to undertake a flexible and cost effective certification process for the export of plant produce to interstate markets. This system has been working well in South Australia over a number of years and PIRSA staff accredit businesses under the scheme and undertake the required audit function. This Bill will provide the legislative underpinning of the ICA in South Australia.

In comparison to the current legislation, the proposed Bill will:

Enable the Chief Inspector to specify a broader range of actions for orders to prevent the potential outbreak or spread of a declared pest.

Expand the current reporting requirement for pests to include any experienced observer who knows or suspects that a pest or disease of quarantine concern is affecting fruit or plants, recognising that more trained observers are regularly visiting crops during their growth. There is an existing requirement for growers to report if they know or suspect the presence of a pest or disease of quarantine concern in their orchard or nursery. This measure will utilise the existing skills and knowledge of trained crop consultants and pest monitors to foster earlier reporting of new pest incursions so essential for successful pest eradication.

Regulate wholesale labelling requirements for packaging containing both imported and local horticultural produce or prescribed plants for sale within the State. This will provide traceability in the event of an outbreak of a declared pest and provide consistency with the State's trade measurement legislation.

Require transport manifests for consignments of horticultural produce or plants for sale to be provided to the Chief Inspector prior to entry into South Australia. A similar requirement will exist for produce to be transported or transhipped through the State.

Require importers of commercial produce to be registered.

Allow businesses to become accredited to issue assurance certificates for the movement of plant and plant produce to interstate markets and/or to verify that imports meet South Australia's import requirements.

Permit an import verification system to provide regular importers of plants and plant produce with a more flexible and cost-effective system for clearance of their imports under a compliance arrangement with PIRSA.

Clarify the general powers of inspectors concerning entry, and to provide greater protection for the occupier of premises through requirements for notification.

Allow an inspector to undertake emergency actions to control, to prevent spread or to eradicate a declared pest. (Stringent guidelines will apply for assessment and approval eg clearance by the Chief Inspector.)

Establish a legislative basis for the issuing of Plant Health Certificates by inspectors.

In accordance with Emergency Plant Pest Response Deed, enable nationally agreed owner reimbursement costs to be paid to businesses or persons directly impacted by a national response against an emergency plant pest.

Increase maximum penalties for high and medium risk offences, and expand the number of expiable offences to deter plant biosecurity breaches.

Allow the Minister to establish fees for services provided by PIRSA to produce importers and exporters. (A Horticulture Industry Charges Panel is being established to provide recommendations to the Minister on the future level of fees).

Repeal the Noxious Insects Act 1934 and allow future responses to be covered by a Code under the Bill. The Code will establish operational procedures for future responses.

Extensive stakeholder consultation was undertaken in late 2007, including the widespread distribution of a consultation package comprising the draft Bill, an Explanation of Clauses document and a discussion paper. Eleven individually tailored information leaflets were written to explain the proposed changes likely to affect specific stakeholders groups, including growers, produce importers, transporters, the nursery industry, home gardeners and local government. A series of stakeholder meetings was organised for both special interest groups and the general public.

Submissions were received from 26 stakeholders representing individuals, various industry groups, other State government departments, interstate jurisdictions, the Commonwealth, and Plant Health Australia Ltd.

Analysis of the submissions revealed a high level of support from stakeholders for the proposed improvements to the existing legislation. This included support for proposed arrangements for noxious insect response from the Locust Community Reference Group representing landholders, the community and local government in the northern areas of the State.

Stakeholders also forwarded their own proposals, including the establishment of a register of importers, which has been strongly supported by the Horticulture Plant Health Consultative Committee, representing key South Australian horticulture industry groups and the Adelaide Produce Market Ltd. This proposal and a number of other minor proposed changes have been incorporated into the Bill.

The Plant Health Bill represents a significant step forward in improving the State's ability to prevent, detect and respond swiftly and effectively to incursions of pests and disease of quarantine concern.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause sets out the meaning of terms included in the measure. Some of the important definitions include disease, pest, plant, assurance certificate, plant health certificate and plant related product. It also provides that soil or potting mix will be taken to be affected by a pest if a plant affected by a pest has been growing in the soil or potting mix. A plant related product will be taken to be affected by a pest if the product has been used to contain or cover or has been in contact with a plant, soil or potting mix affected by a pest.

4—Pests and plant related products

The Minister may declare, by notice in the Gazette, a disease, insect, mite, arthropod, snail, slug, nematode or other organism that affects a plant or a plant related product to be a pest for the purposes of this measure. In this way, the measure will only apply to those pests that are so declared. The Minister may also declare, by notice in the Gazette, additional materials or items to be a plant related product for the purposes of this measure.

5—Quarantine stations

The Minister may declare, by notice in the Gazette, a place to be a quarantine station in which a plant or plant related product may be held, examined, disinfected, treated, destroyed or disposed of.

Part 2—Protection of plant health

Division 1—Reporting of pest affected plants and plant related products and noxious insects

6—Reporting of pest affected plants and plant related products and noxious insects

A person who knows or suspects that a plant or plant related product is affected by a pest must immediately report it to an inspector and provide the inspector with such information that he or she reasonably requires. The person must also take all reasonable measures to prevent the spread of the pest. Failure to do so may result in a penalty of $100,000 for a body corporate or $20,000 for a natural person. If a person fails to immediately report the appearance of noxious insects on premises to an inspector, the penalty is $1,250. The offence may be expiated on payment of $160. Failure to report the presence of locusts and small plague grasshoppers (both native species) presents a very small risk compared to what might ensue from the failure to report a quarantinable pest.

Division 2—Control and prevention

7—Prohibition on introducing pest affected plants or plant related products

A person must not introduce or import into the State a pest or a plant or plant related product affected by a pest. The Minister has the power to prohibit by notice in the Gazette, either absolutely or subject to conditions, the introduction or importation into the State of a specified class of plant or plant related products. The Minister may exempt a person from complying with these obligations for the purposes of furthering agricultural interests, scientific research or the biological control of a pest. Before granting such an exemption, the Minister must consult widely with members of the agricultural and scientific communities. Contravening this clause or a Ministerial notice, or taking delivery of a thing brought into the State in contravention of this clause or a notice, is an offence with a penalty of $5,000, or expiation fee of $315 for a minor offence (defined to be where something is introduced or imported or taken delivery of for domestic use, consumption or enjoyment and not for sale or commercial purposes), and in all other cases, $100,000 for a body corporate or $20,000 for a natural person.

8—Quarantine areas

The Minister may, by notice in the Gazette, declare the whole or part of the State to be a quarantine area in relation to all or specified pests. The notice may impose conditions or require specified action in relation to the quarantine area, including prohibiting the removal of particular plant species or plant related products that may transmit a pest; requiring the owners or occupiers of premises within the quarantine area to take particular measures for the control or eradication of a pest including the destruction of plants; prohibiting or restricting persons, vehicles, machinery or equipment from entering or leaving a quarantine area; prohibiting the importation of certain plants or plant related products into a quarantine area or prohibiting the planting, propagation or harvesting of certain plants within the area during a specified period. Failing to comply with a notice under this clause is an offence with a penalty of $5,000 or expiation fee of $315 for a minor offence (defined as relating to domestic use, consumption or enjoyment and not for sale or commercial purposes) and in all other cases—$100,000 for a body corporate and $20,000 for a natural person.

9—Orders relating to pest affected plants or plant related products

This clause gives the Chief Inspector the power (to be exercised with the approval of the Minister) to issue orders if he or she knows or suspects that a plant or plant related product is or might become affected by a pest. The purpose of the orders is to prevent the outbreak or spread of the pest and may be issued in writing to a person who owns or has possession or control of the affected plant or plant related product, a person who sold or supplied the plant or plant related product, or an owner or occupier of premises in the area specified in the order. What may be included in an order are set out in the proposed section, including that the order may be subject to such conditions as the Chief Inspector may impose.

Contravening or failing to comply with an order is an offence with a penalty of $100,000 for a body corporate and $20,000 for a natural person.

10—Action in emergency situations

If an inspector reasonably considers that urgent action is required for the purpose of the control, prevention, or eradication of a pest, under this clause, the inspector may, after giving such notice as is reasonable in the circumstances (if any), take any action that could be required to be taken by a ministerial notice or order of the Chief Inspector issued under Part 2 of the measure.

11—Prohibition on sale of pest affected plants or plant related products

The sale or supply of a plant or plant related product affected by a pest or subject to an order under Part 2 of the measure is prohibited without the approval of the Chief Inspector. There is a penalty of $100,000 for a body corporate and $20,000 for a natural person. The owner of a premises in respect of which an order is in force is required to notify the Chief Inspector of any intended sale of the premises at least 28 days before the date of settlement. Failing to do so is an offence with a penalty of $5,000 that may be expiable on payment of an expiation fee of $315. In addition to any penalty imposed, a person found guilty of an offence under this clause may be ordered by the court to pay compensation to the person to whom the plant or plant related product was sold or supplied.

Part 3—Packaging, identifying and transporting plants and plant related products

Division 1—Packaging and labelling of fruits, vegetables and nuts

12—Packaging and labelling of fruit, vegetables and nuts for sale

This clause makes it an offence for a person to sell or pack for sale, any fruit, nuts or vegetables if the packaging is not clean and in good repair, and labelled in accordance with the requirements of the regulations. A person must also comply with any requirements or prohibitions prescribed by the regulations in relation to the use of used packaging. There is a penalty of $5,000 or an expiation fee of $315 for contravening this clause.

13—Identification of plants sold for propagation

This clause prohibits a person from selling any prescribed plant for propagation unless it is accompanied by a label or other written notice containing the information required by the regulations. There is a penalty of $5,000 or expiation fee of $315 for contravening this clause.

Division 2—Manifests

14—Manifests

A person is required under this clause to lodge a manifest with the Chief Inspector that complies with the requirements of the Minister before bringing plants or plant related products into South Australia for sale. A person must not tranship, or transport through South Australia, a plant or plant related product for sale in another State unless, before doing so, the person has lodged a manifest with the Chief Inspector. The person must produce a copy of the manifest at a quarantine station or on the request of an inspector. There is a penalty of $5,000 or an expiation fee of $315 for contravening any of these requirements.

Part 4—Accreditation and registration schemes

Division 1—Accreditation of production areas

15—Accreditation of production areas

The Minister may declare, by notice in the Gazette, that an area specified in the notice is free of specified pests and that specified statements may be used in advertising, packaging or selling plants or plant related products produced or processed in that area. It is an offence to use any such statement in relation to plants or plant related products not produced or processed in the specified area, the penalty for which is $20,000 (which may be expiated on payment of $500 expiation fee).

Division 2—Accreditation of persons

16—Application for accreditation

Applications for accreditation under this proposed Division must be made to the Minister in the manner and form required by the Minister and be accompanied by the prescribed fee. The Minister may require further information and the application process may require an inspection of premises, facilities and plant and equipment.

17—Grant of accreditation

The Minister must grant an accreditation on application if satisfied that the person is a suitable person to hold accreditation, taking into account such things as whether the person has committed any offence against this measure or the repealed Act or any offences of dishonesty. The Minister must also be satisfied that the person meets any requirements for accreditation relating to protocols, operational procedures or other prescribed matters.

18—Authority conferred by accreditation

This clause provides that a person named in the accreditation is authorised to issue assurance certificates, and/or to verify assurance certificates or other documents, or the packaging or labelling of plants and plant related products, in accordance with the terms and conditions of the accreditation.

19—Assurance certificates and evidence of verification

Assurance certificates may be issued in relation to the movement of a plant or plant related product within the State, into or out of the State, or for another purpose and may certify that specified plants or plant related products comply with this measure (or a corresponding law) in relation to the control or prevention of the spread of pests. Examples of matters about which certification may be given are included in the clause. Some of these include that a plant or plant related product is free of a specified pest, or has been subjected to a particular treatment or meets certain requirements.

This clause also provides that the verification of assurance certificates and other documents, or the packaging or labelling of plants and plant related products may be evidenced in a manner or form approved by the Minister.

20—Conditions of accreditation

This clause gives the Minister the power to place conditions on a person's accreditation. Examples of what these conditions may contain are set out in the provision and include restrictions on the class or type of assurance certificate that can be issued under the accreditation; restrictions on the activities in relation to which the certificate can be issued; restrictions on the class or type of documents that may be verified; conditions regarding the records to be kept by the accredited person; conditions requiring compliance with prescribed protocols or operational procedures; conditions relating to the audit of the person's operations under the accreditation, and conditions regarding the provision of information required by the Minister. It is an offence for an accredited person to contravene a condition of the person's accreditation. In relation to contravening a prescribed condition, there is a penalty of $5,000 or an expiation fee of $315. In relation to any other conditions, the penalty is $100,000 for a body corporate or $20,000 for a natural person.

21—Periodic fees and returns

An accredited person must lodge a return with the Minister for the period and at a time set out in the regulations. The return must also be accompanied by a fee fixed by the regulations. If a person fails to lodge the return or pay the annual fee, the Minister may require the person to make good the default and pay an amount set by the regulations as a penalty by notice in writing. The person has 14 days in which to comply with the notice or the person's accreditation will be suspended. If the person is still in default 3 months after the Minister's notice, the accreditation will be cancelled. Written notice of a suspension or cancellation will be given to the person.

22—Variation of accreditation

This clause provides that the Minister may vary the terms or conditions of an accreditation by written notice to the accredited person. The variation may be on the initiative of the Minister, or at the request of the accredited person and payment of the prescribed fee.

23—Surrender of accreditation

Under this clause, an accredited person may surrender his or her accreditation to the Minister and in relation to an accreditation to issue assurance certificates, must also surrender any unissued assurance certificates. Failing to do so may result in a penalty of $1,250 or expiation fee of $160.

24—Suspension or cancellation of accreditation

This clause sets out the grounds on which an accreditation may be suspended or cancelled by the Minister. These include where a person obtained the accreditation improperly, or the accredited person has ceased to carry on the activity authorised by the accreditation or has failed to pay fees or charges relating to the accreditation within the required time. An accreditation may also be suspended or cancelled if the accredited person breaches an accreditation condition or commits an offence against this measure or has been convicted of an indictable offence. Suspension of an accreditation may be for a specified period or until certain conditions are fulfilled or until the Minister orders otherwise. A suspension may be effective immediately or from a specified time. Written notice must be given to the person of the action or proposed action and the reasons for it and allow the person 14 days in which to make submissions to the Minister in relation to the action or proposed action. A person is required to return the accreditation and any unissued assurance certificates within 14 days of the suspension or cancellation of the accreditation. Failing to do so may result in a penalty of $1,250 or an expiation fee of $160.

25—Offences

This clause provides that a person must not verify that assurance certificates or other documents issued under this measure or a corresponding law, or the packaging or labelling of plants or plant related products comply with the requirements of this measure or a corresponding law except as authorised by accreditation granted under Division 2. The penalty for a contravention of this provision is $100,000 for a body corporate or $20,000 for a natural person.

This clause also sets out certain offences relating to accreditation and assurance certificates. These include that it is an offence for a person to issue an assurance certificate other than as authorised by accreditation granted under this Division. The penalty for a contravention of this provision is $100,000 for a body corporate or $20,000 for a natural person. Nor must a person issue anything that purports to be an assurance certificate unless the person is accredited to do so. The penalty for doing so is $100,000 for a body corporate and $20,000 for a natural person. It is also an offence to alter information in an assurance certificate without the written authority of the person issuing the certificate, or in the case of an alteration that relates to the splitting of a consignment, the alteration is made by an inspector or a person authorised to split consignments under an accreditation. The penalty for doing so is $100,000 for a body corporate and $20,000 for a natural person.

Division 3—Registration of importers

26—Application for registration

This clause provides that an application for registration as an importer under this Division is to be made in the manner and form and contain the information required by the Minister and is to be accompanied by the prescribed fee.

27—Grant of registration

The Minister must grant an application for registration as an importer if satisfied that the person is a suitable person to be registered and the applicant satisfies any requirements relating to protocols, operational procedures or other prescribed matters.

28—Conditions of registration

This clause gives the Minister the power to place conditions on a person's registration as an importer. Examples of what these conditions may contain are set out in the provision and include restrictions on the type of plant or plant related product that the person may import; conditions regarding the records to be kept by the importer; conditions requiring compliance with prescribed protocols or operational procedures; conditions requiring compliance with applicable codes or rules made under this measure, and conditions regarding the provision of information required by the Minister. It is an offence for a registered importer to contravene a condition of his or her registration with a penalty of $20,000 for a body corporate or $5,000 for a natural person and an expiation fee of $500 or $315, respectively.

29—Periodic fees and returns

A registered importer must lodge a return with the Minister for the period and at a time set out in the regulations. The return must also be accompanied by a fee fixed by the regulations. If a registered importer fails to lodge the return or pay the registration fee, the Minister may require the importer to make good the default and pay an amount set by the regulations as a penalty by notice in writing. The importer has 14 days in which to comply with the notice or the importer's registration will be suspended. If the importer is still in default 3 months after the Minister's notice, the registration will be cancelled. Written notice of a suspension or cancellation will be given to the importer.

30—Variation of registration

This clause provides that the Minister may vary the terms or conditions of an importer's registration by written notice to the importer. The variation may be on the initiative of the Minister, or at the request of the registered importer and payment of the prescribed fee.

31—Surrender of registration

A registered importer may surrender the registration to the Minister.

32—Suspension or cancellation of registration

This clause sets out the grounds on which an importer's registration may be suspended or cancelled by the Minister. These include where a person obtained the registration improperly, or the registered importer has ceased to carry on the activity authorised by the registration or has failed to pay fees or charges relating to the registration within the required time. Registration may also be suspended or cancelled if the registered importer breaches a condition of registration or commits an offence against this measure or has been convicted of an indictable offence. Suspension of a registration may be for a specified period or until certain conditions are fulfilled or until further order of the Minister. A suspension may be effective immediately or from a specified time. Written notice must be given to the importer of the action or proposed action and the reasons for it and allow the importer 14 days in which to make submissions to the Minister in relation to the action or proposed action. A person is required to return the registration within 14 days of the suspension or cancellation of the registration. Failing to do so may result in a penalty of $1,250 or an expiation fee of $160.

33—Offence

It is an offence for a person to import into the State, plants or plant related products for sale or other commercial purpose, unless they are registered to do so under Division 3. There is a maximum penalty of $20,000 for a body corporate or $5,000 for a natural person or an expiation fee of $500 or $315, respectively.

Division 4—Register

34—Register

This clause requires that the Minister keeps a register of accredited persons and registered importers in the form and containing the information considered appropriate by the Minister.

Division 5—Reviews and appeals

35—Review by Minister

This clause provides that a person may apply to the Minister for a review of a decision to refuse an application for the grant of accreditation under Division 2 or registration as an importer under Division 3; or the imposition or variation of the terms or conditions of accreditation or registration, or the suspension or cancellation of an accreditation or registration. An application for a review made under this clause must be made within 28 days from when the person was given written notice of the decision. The Minister has the discretion to determine the application for review as he or she sees fit. The determination must be made within 28 days of the application being lodged, or the decision will be taken to have been confirmed by the Minister.

36—Appeal to District Court

A decision of the Minister on review may be appealed by the applicant to the Administrative and Disciplinary Division of the District Court within 28 days. The Minister must give written reasons for the decision if required by the applicant for the review, and the time for instituting an appeal will run from the time the applicant receives the written statement of those reasons.

Part 5—Enforcement

Division 1—Approved auditors

37—Approved auditors

This clause provides that the Minister may approve a person as an auditor for the purposes of this measure if satisfied that the person can provide satisfactory and efficient audit services and the person is suitably qualified. The Minister may impose conditions on the approval including that the person enter into an audit agreement with the Minister, conditions limiting the functions or powers of the person or limiting the area of the State in which those powers may be exercised, or conditions fixing fees that are to be paid to the Minister. An audit agreement entered into by the person and the Minister must regulate the provision of audit services under this measure and set out the requirements relating to audit reports, and also provide that the agreement will terminate if approval is withdrawn by the Minister. The agreement may also regulate the charges that may be made by the auditor for audit services and the withdrawal of audit services for the non-payment of such charges. The Minister and approved auditor may by agreement, vary or terminate an audit agreement. The Minister may impose further conditions of approval or vary or revoke a condition by written notice to the approved auditor. The Minister may also cancel an approval if satisfied the auditor is in breach of a condition of the approval or a term of the audit agreement. The rights of an inspector to exercise a power under this measure is not limited by an approval or audit agreement.

38—Duty of auditor to report certain matters

This clause provides that if on conducting an audit, an approved auditor forms a reasonable belief that an accredited person is or has breached a prescribed accreditation condition or is or has engaged in conduct of a prescribed kind, the auditor must inform the Minister of the name and address of the accredited person and the details of the facts and circumstances giving rise to the belief. There is a penalty of $5,000 for failing to do so.

39—Offence to hinder or obstruct auditor

Under this clause, it is an offence to hinder or obstruct an auditor performing an audit under this Division of the measure with a penalty of $5,000.

Division 2—Inspectors

Subdivision 1—Appointment and identification

40—Appointment of Chief Inspector and deputy

This clause provides that the Minister may appoint a person to be the Chief Inspector and the deputy of the Chief Inspector. While acting in his or her absence, the deputy has all the powers and functions of the Chief Inspector under this measure or any other Act.

41—Appointment of inspectors

Under this clause, the Minister may appoint inspectors for the purposes of this measure by instrument in writing. Such an appointment may be conditional.

42—Identification of inspectors

This clause provides that an inspector must be issued with an identity card that contains a photograph and the name of the person or a unique identification code. An inspector must produce this card for inspection at the request of a person in relation to whom the inspector intends to exercise any powers under this measure or any other Act. If a person ceases to be an inspector, the person must immediately return the identity card to the Minister. There is a penalty of $1,250 for failing to do so.

Subdivision 2—Powers

43—General powers

This clause provides inspectors with powers to enter, search, give directions, require production of documents, verify assurance certificates, packaging and labelling, seize and retain plants or plant related products, among other things, as may be reasonably required for the administration and enforcement of this measure. Certain powers may only be exercised on the authority of a warrant or with the consent of the occupier of the premises. The clause also sets out what an inspector may do with a plant or plant related product seized under this clause.

44—Power to investigate

This clause provides inspectors with power to carry out investigations as reasonably necessary for the purposes of determining whether a plant or plant related product is affected by a pest or identifying or tracing pests.

45—Power to issue plant health certificates

This clause provides that inspectors may issue plant health certificates in respect of plants or plant related products—

grown, produced, packed, used, treated or tested in the State; or

to be imported, introduced or brought into the State.

The plant health certificate may certify as to things such as the condition of a plant or plant related product, or that the plant or plant related product is free of a particular pest, or has been treated in a certain way. The clause sets out the powers that may be exercised by the inspector in relation to the issue of the certificate. It is an offence for someone other than an inspector to issue a plant health certificate, with a penalty of $100,000 for a body corporate and $20,000 for a natural person. It is also an offence to alter a plant health certificate unless authorised to do so in writing by an inspector or the alteration relates to the splitting of a consignment by an accredited person authorised to do so by an accreditation granted under Part 4 of this measure.

Subdivision 3—Miscellaneous

46—Immunity from liability

This clause provides for immunity from civil liability for inspectors and persons assisting inspectors in carrying out their duties under this measure. Any action that would, in the absence of this clause, lie against an inspector or assisting person lies instead against the Crown.

47—Warrant procedures

This clause provides for the procedures for obtaining warrants for the purposes of this measure in accordance with current practice.

48—Offence to hinder etc inspectors

This clause sets out offences in relation to inspectors including of hindering or obstructing an inspector or a person or animal assisting an inspector in the exercise of powers under this measure. A person also must not fail to comply with a requirement or direction of an inspector the penalty for which is a fine of $5,000.

Part 6—Miscellaneous

49—Delegation

This clause provides the Minister and the Chief Inspector with power to delegate a function or power under this measure by instrument in writing.

50—Compensation

Under this clause, the Minister is given a discretion to pay compensation to any person who has suffered damage or loss as a direct consequence of a notice or an order made under proposed Part 2 of the measure.

51—False or misleading statements

This clause creates an offence if a person makes a statement that is false or misleading in a material particular in an application made, information provided or a certificate issued under this measure. The penalty, in the case where the person knowingly made a false or misleading statement is $10,000 and, in any other case, $5,000.

52—Self-incrimination

This clause makes provision against self-incrimination.

53—Service of notices and orders

This clause makes provision for the service of notices and order under this measure in the usual terms.

54—Vicarious liability

This clause provides that an act or omission of an employee or agent will be taken to be the act or omission of the employer or principal unless it is proved that the act or omission did not occur in the course of the employment or agency.

This clause further provides that if a body corporate commits an offence against this measure, each member of the governing body of the body corporate is guilty of an offence and liable to the penalty applicable to the principal offence unless it is proved that the member could not by the exercise of reasonable diligence have prevented the commission of that offence.

55—Evidence

This clause makes provision for evidentiary procedures for the purposes of the measure.

56—Commencement of prosecution of offences

Proceedings for an offence under this measure may be commenced at any time within 3 years of the day on which the offence is alleged to have been committed.

57—Continuing offences

Under this clause, if an offence against the measure is committed by reason of a continuing act or omission, the person liable for the offence is liable, in addition to the penalty for the offence, to a daily penalty for each day on which the act or omission continues.

58—General defence

It is a defence to a charge of an offence against the measure if the defendant provides that the offence did not result from any failure on his or her part to take reasonable care to avoid the commission of the offence.

59—Incorporation of codes and standards

Notices given or regulations made under the measure may be of general or limited application and may apply, adopt or incorporate (with or without modification) any code, standard or other document prepared or approved by a body or authority referred to in the notice or regulation as in force from time to time, or as in force at a specified time.

60—Regulations

The Governor may make such regulations as may be necessary or expedient for the purposes of the measure.

Schedule 1—Related amendments, repeal and transitional provisions

Part 1—Related amendments

Part 1 of Schedule 1 provides for amendments consequential on the passage of this measure to the Citrus Industry Act 2005 and the Phylloxera and Grape Industry Act 1995.

Part 2—Repeal

Part 2 of Schedule 1 provides for the repeal of the Fruit and Plant Protection Act 1992 and the Noxious Insects Act 1934.

Part 3—Transitional provisions

Part 3 of Schedule 1 makes provision for transitional arrangements.

Debate adjourned on motion of Hon. J.M.A. Lensink.

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