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This is a Bill, not an Act. For current law, see the Acts databases.


BIOSECURITY AND AGRICULTURAL MANAGEMENT BILL 2006

                   Western Australia


Biosecurity and Agriculture Management
               Bill 2006

                      CONTENTS


      Part 1 -- Preliminary
1.    Short title                                          2
2.    Commencement                                         2
3.    Objects of Act                                       2
4.    Relationship with other Acts                         3
5.    Act binds the Crown                                  3
6.    Meaning of terms used in this Act                    4
7.    Meaning of "contaminated"                           15
8.    Meaning of "owner" in relation to land              15
9.    Meaning of "animal feed"                            16
10.   When organism is to be taken to be on land          18
      Part 2 -- Biosecurity
      Division 1 -- Permitted, prohibited and unlisted
            organisms
11.   Permitted organisms                                 19
12.   Prohibited organisms                                19
13.   Consultation with other Ministers and Biosecurity
      Council                                             19
14.   Unlisted organisms                                  20
      Division 2 -- Importing organisms into Western
            Australia
15.   Import restrictions                                 20
16.   How to obtain import permit                         21
17.   Supply of unlawful import                           21
18.   Possession of unlawful import                       21
19.   Obligations of commercial passenger carrier         21


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      20.     Obligation of commercial carrier                       22
      21.     Reporting and presenting import                        23
              Division 3 -- Biosecurity within Western
                     Australia
      22.     Declared pests                                         24
      23.     Dealing with declared pest                             25
      24.     Introducing or supplying declared pest                 26
      25.     Authorised dealing with declared pest                  27
      26.     Duty to report declared pest                           27
      27.     Pest exclusion notice                                  28
      28.     SAT review: pest exclusion notice                      29
      29.     Compliance with pest exclusion notice                  29
      30.     Duty to control declared pest                          30
      31.     Pest control notice                                    31
      32.     Compliance with pest control notice                    33
      33.     Apportionment of costs of controlling declared
              pests on land                                          33
      34.     SAT review: costs of controlling declared pests        34
      35.     Pest keeping notice                                    34
      36.     Director General review: pest control notice or pest
              keeping notice                                         35
      37.     SAT review: pest control notice or pest keeping
              notice                                                 35
      38.     Remedial action by Director General                    36
      39.     Power to control pests                                 36
      40.     Agreements to supply pest control materials            36
      41.     Public authority may assist owner or occupier to
              control declared pest                                  37
      42.     Department may carry out operational work              37
              Division 4 -- Urgent measures
      43.     Director General may give directions for urgent
              measures to control declared pest                      38
      44.     Director General may approve alternative measure
              or requirement                                         38
              Division 5 -- Management plans
      45.     Management plans                                       39
      46.     Consultation with affected persons                     39
      47.     Management plans are subject to disallowance           40



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      Division 6 -- Biosecurity Council
48.   Biosecurity Council                                       40
49.   Membership of Biosecurity Council                         41
50.   Functions of Biosecurity Council                          41
51.   Annual report                                             41
      Part 3 -- Residues on land, chemical
           products and adulteration
      Division 1 -- Residues on land
52.   Residue management notices                                42
53.   Duration of residue management notice                     43
54.   SAT review: residue management notices                    43
55.   Notification may be lodged with Registrar of Titles       44
      Division 2 -- Chemical products
56.   Dealing with chemical products                            44
57.   Dealing with things that are treated, or not treated,
      with chemical product or are contaminated                 45
58.   Certain agreements void                                   46
      Division 3 -- Adulteration of agricultural
            products or animal feed
59.   Meaning of terms used in this Division                    47
60.   Adulterating goods to cause public alarm or
      economic loss                                             47
61.   Threatening to adulterate goods to cause public
      alarm or economic loss                                    48
62.   Making false statements concerning adulteration of
      goods to cause public alarm or economic loss              48
      Part 4 -- Inspection and compliance
      Division 1 -- Preliminary
63.   Meaning of terms used in this Part                        49
      Division 2 -- Inspection and other functions
64.   Purposes for which an inspection may be carried
      out                                                       49
65.   Entry and access to place or conveyance, and
      inspection powers                                         50
66.   Obtaining records                                         52
67.   Other directions                                          53


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              Division 3 -- Entry warrants
      68.     Applying for entry warrant                           55
      69.     Applications, how they are to be made                56
      70.     Issuing an entry warrant                             57
      71.     Effect of entry warrant                              58
      72.     Report on entry and search                           58
              Division 4 -- Seizure, treatment, destruction
                     and recall powers
      73.     Power to seize, treat or destroy                     59
      74.     SAT review: seizure                                  61
      75.     SAT review: forfeiture                               61
      76.     Power to direct that organism or potential carrier
              be moved for treatment                               61
      77.     Power to direct person to treat, refrain from
              treating, destroy or dispose of thing                62
      78.     SAT review: section 77 direction                     63
      79.     Treatment or destruction to prevent risk             64
      80.     SAT review: treatment or destruction notice          65
      81.     Provisions do not limit making of regulations        65
      82.     Inspector may direct removal of organism or
              potential carrier                                    65
      83.     SAT review: direction to remove from State           66
      84.     Recall of organism or substance                      66
      85.     Notice may be published                              68
      86.     SAT review: recall notice                            68
      87.     Remedial action                                      68
              Division 5 -- General
      88.     Time and place for compliance                        69
      89.     Direction may be given orally or in writing          69
      90.     Exercise of power may be recorded                    69
      91.     Use of force and assistance                          69
      92.     Offences                                             70
      93.     Self-incriminating information                       70
              Division 6 -- Remedial action by Director
                     General
      94.     Taking remedial action                               71
      95.     Charge on land to secure cost of remedial action     72
      96.     Priority of charge                                   72
      97.     Dealing with certain charged land                    73
      98.     Recovery of unpaid charge amount                     73

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99.    Certificate of charge amount                            74
100.   Withdrawal of memorial                                  74
       Division 7 -- Registration of memorials and
              notices affecting land
101.   Approved form of memorials and notices                  75
102.   Exemption from stamp duty                               75
103.   Notice to mortgagees                                    76
       Part 5 -- Legal proceedings
       Division 1 -- Legal proceedings
104.   Prosecutions, who may commence                          77
105.   Time for bringing prosecution                           77
106.   Court's power to make ancillary orders on
       conviction                                              77
107.   Order as to costs of analysis                           78
108.   Penalties for continuing offences                       78
109.   Injunctions to ensure compliance with this Act          79
       Division 2 -- Responsibility of certain persons
110.   Liability of body corporate's officers                  80
111.   Liability of principal for acts of agent                81
112.   Liability of employer for offence of employee           81
       Division 3 -- Evidentiary provisions
113.   Meaning of "specified"                                  82
114.   Proof of exemptions                                     83
115.   Evidence of place of offence                            83
116.   Evidence of seller or packer of container               83
117.   Evidence of purpose or intent                           84
118.   Evidence of authorisation and enforcement matters       84
119.   Evidence of scientific matters                          85
120.   Evidence of type or class of organism or thing          86
121.   Documentary and signed evidence                         87
122.   Evidence of documents and service                       88
123.   Evidence of ownership or occupancy                      88
124.   Provisions are in addition to the Evidence Act 1906     89
       Division 4 -- Modified penalties for certain
              offences
125.   Meaning of terms used in this Division                  89
126.   Infringement notices                                    90
127.   Withdrawal of infringement notice                       90


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      128.    Effect of payment of modified penalty              91
              Part 6 -- Financial provisions
              Division 1 -- Declared Pest Account
              Subdivision 1 -- General
      129.    Meaning of terms used in this Division             92
              Subdivision 2 -- Rates imposed on land
      130.    Determination of rate                             92
      131.    Procedure for making rate determination           93
      132.    Minimum and maximum rates                         93
      133.    Rates amounts                                     94
      134.    Multiple rating                                   94
      135.    Application of Taxation Administration Act 2003
              and Land Tax Assessment Act 2002                  95
      136.    Postponement of rates payable by pensioners       96
              Subdivision 3 -- Establishment and operation of
                    Declared Pest Account
      137.    Declared Pest Account                             97
      138.    Use of funds in Declared Pest Account             97
      139.    Appropriations against the Consolidated Account   98
              Division 2 -- Industry funding schemes
      140.    Terms used in this Division                        98
      141.    Establishment of accounts, management
              committees and schemes                            98
      142.    Constitution and administration of prescribed
              accounts                                           99
      143.    Management committee                              100
      144.    Contributions to account -- prescribed scheme      100
      145.    Application of prescribed account                 101
      146.    Treasurer may make advances to a prescribed
              account in event of a deficiency                  103
      147.    Review of regulations                             103
              Division 3 -- Modified Penalties Revenue
                    Account
      148.    Modified Penalties Revenue Account                104
      149.    Use of funds in Modified Penalties Revenue
              Account                                           104




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       Part 7 -- Administration
       Division 1 -- The Western Australian
              Agriculture Authority
150.   Western Australian Agriculture Authority               106
151.   Purpose of Western Australian Agriculture
       Authority                                              106
152.   Powers of Authority                                    106
153.   Treasurer to consider proposals under
       section 152(3)(b)                                      108
154.   Intellectual property                                  108
155.   Execution of documents by Authority                    109
156.   Accountability under this Division                     110
       Division 2 -- Compiling and publishing
              essential information
157.   Publication of certain declarations                    110
158.   Records of status of various organisms                 111
159.   The department's electronic site                       111
160.   Information available on department's electronic
       site                                                   111
161.   Availability of published information                  112
       Division 3 -- Inspectors
162.   Appointment of inspectors                              112
163.   Director General has functions of inspector            113
164.   Identification cards                                   113
       Division 4 -- Quarantine facilities, inspection
              points and other places
165.   Arrangements for provision of quarantine facilities    114
166.   Inspection points                                      114
167.   Use of other places                                    114
       Division 5 -- Advisory groups and recognised
              biosecurity groups
168.   Advisory groups                                        114
169.   Recognised biosecurity groups                          115
170.   Funds available to recognised biosecurity groups       115
171.   Publication of report by recognised biosecurity
       group                                                  116
       Division 6 -- Service of documents
172.   Service on the Director General                        116


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      173.    Method of service                                    117
      174.    Alternate methods of service of documents relating
              to land                                              118
      175.    Service of notice by publication                     119
      176.    Service where more than one owner or occupier        119
      177.    Time of service                                      120
      178.    Description of person or land                        121
      179.    Documents binding on subsequent owners and
              occupiers                                            121
      180.    Non-exclusivity of this Division                     121
              Division 7 -- General
      181.    Delegation by Minister                               121
      182.    Delegation by Director General                       122
      183.    Arrangements with corresponding authorities          123
      184.    Information sharing                                  124
      185.    Results and other matters may be published           126
      186.    Compliance statements                                126
      187.    Immunity from tortious liability                     128
              Part 8 -- Regulations, codes of
                   practice and local laws
      188.    Regulations -- general power                          129
      189.    Regulations prescribing high impact organisms        129
      190.    Regulations and management plans may adopt
              codes or legislation and other references            129
      191.    Codes of practice                                    130
      192.    Regulations and codes of practice: consultation      131
      193.    Local government may make local laws                 132
              Part 9 -- Miscellaneous
      194.    Review of Act                                        133
              Schedule 1 -- Matters for which
                  regulations may be made
              Defined Terms




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                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


     Biosecurity and Agriculture Management
                    Bill 2006


                               A Bill for


An Act to provide for --
•  the control of certain organisms;
•  the use of agricultural and veterinary chemicals;
•  the identification and attainment of standards of quality and
   safety for agricultural products, animal feeds, fertilisers and
   other substances and things;
•  the establishment of a Declared Pest Account, a Modified
   Penalties Revenue Account and accounts for industry funding
   schemes; and
•  related matters.




The Parliament of Western Australia enacts as follows:




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                              Part 1 -- Preliminary
     1.         Short title
                This is the Biosecurity and Agriculture Management Act 2006.

     2.         Commencement
 5        (1)   This Act comes into operation on a day fixed by proclamation.
          (2)   Different days may be fixed under subsection (1) for different
                provisions.

     3.         Objects of Act
          (1)   The objects of this Act are to provide effective biosecurity and
10              agriculture management for the State by providing the means
                to --
                  (a) control the entry, establishment, spread and impact of
                        organisms that have or may have an adverse effect on --
                           (i) other organisms; or
15                        (ii) human beings; or
                         (iii) the environment or part of the environment; or
                         (iv) agricultural activities, fishing or pearling
                                activities, or related commercial activities,
                                carried on, or intended to be carried on, in the
20                              State or part of the State;
                        and
                  (b) control the use of agricultural and veterinary chemicals;
                        and
                  (c) establish standards to ensure the safety and quality of
25                      agricultural products; and
                  (d) raise funds for biosecurity-related purposes.
          (2)   Nothing in this Act empowers the regulation of diseases which
                affect only human health.


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     4.         Relationship with other Acts
          (1)   Each of the following written laws must be read with this Act as
                if they formed a single Act --
                   (a) the Biosecurity and Agriculture Management Rates and
 5                       Charges Act 2006;
                   (b) the Land Tax Assessment Act 2002, in its application to
                         the assessment of rates payable under Part 6 Division 1
                         Subdivision 2;
                   (c) the Taxation Administration Act 2003, in its application
10                       to rates payable under Part 6 Division 1 Subdivision 2.
          (2)   The provisions of this Act are in addition to the provisions of
                the following Acts --
                  (a) the Agricultural and Veterinary Chemicals (Western
                         Australia) Act 1995;
15                (b) the Animal Welfare Act 2002;
                  (c) the Environmental Protection Act 1986;
                  (d) the Exotic Diseases of Animals Act 1993;
                  (e) the Genetically Modified Crops Free Areas Act 2003;
                   (f) the Health Act 1911;
20                (g) the Poisons Act 1964;
                  (h) the Police Act 1892.
          (3)   Except as provided in section 40(3), if a provision of this Act is
                inconsistent with a provision of an Act referred to in
                subsection (2), the latter provision prevails to the extent of the
25              inconsistency.

     5.         Act binds the Crown
                This Act binds the Crown in right of the State and, so far as the
                legislative power of the State permits, the Crown in all its other
                capacities.



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     6.       Meaning of terms used in this Act
              In this Act, unless the contrary intention appears --
              "agricultural activity" includes apiculture, aquaculture,
                   silviculture, viticulture and the raising or supply of plants
 5                 or animals, and any related activity, including fallowing or
                   resting land used for an agricultural activity;
              "agricultural product" means --
                   (a) a plant; or
                   (b) stock; or
10                 (c) an animal product; or
                   (d)   a commodity derived from a plant or an animal
                         product; or
                  (e) any other product of an agricultural activity;
              "Agvet Code of Western Australia" has the meaning given to
15                that term in the Agricultural and Veterinary Chemicals
                  (Western Australia) Act 1995;
              "analysis" means an examination, biological assay,
                  bacteriological assay, chemical assay or any other assay or
                  test relevant to determining the classification, quality,
20                composition or any other particular of an organism,
                  agricultural product, animal feed, fertiliser, chemical
                  product or other substance or thing;
              "animal" means a living or previously living thing except a
                  human being, plant or micro-organism, and includes --
25                (a) the ovum, semen or any other genetic material of an
                         animal; and
                  (b) an animal when in the embryonic or larval stage or
                         any other immature stage;
              "animal feed" has the meaning given in section 9;
30            "animal product" means --
                  (a) a carcass or a part of a carcass of an animal; or



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          (b)  meat, skin, hide, hair, wool, horn, feather, antler, feet,
               offal, viscera or blood of an animal; or
         (c) fat, milk, whey, cream, butter, cheese, egg or part of
               an egg, or other food derived from an animal; or
 5       (d) honey, beeswax, honeycomb or any other product of
               bees; or
         (e) a secretion, excretion, faecal matter or other waste of
               an animal; or
          (f) any other animal tissue;
10   "authorisation" includes a licence, permit, registration,
         approval or accreditation under this Act;
     "Authority" means the Western Australian Agriculture
         Authority established under section 150;
     "biosecurity" means protection from the adverse effect an
15       organism has or may have on --
         (a) another organism; or
         (b) a human being; or
         (c) the environment, or part of the environment; or
         (d) agricultural activities, fishing or pearling activities, or
20             related commercial activities carried on, or intended
               to be carried on, in the State or part of the State;
     "Biosecurity Council" means the Biosecurity Council
         established under section 48;
     "breed" includes hatch;
25   "CALM Act Minister" means the Minister administering the
         Conservation and Land Management Act 1984;
     "charge amount", in relation to land, means the amount
         secured by a charge on the land arising under section 95;
     "chemical product" means --
30       (a) an agricultural chemical product as defined in the
               Agvet Code of Western Australia; or



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                  (b)   a veterinary chemical product; or
                  (c)   a substance prescribed for the purposes of this
                        definition;
              "code of practice" means a code of practice issued or approved
 5                under section 191;
              "container" includes --
                   (a) a case, box, bag, wrapper or material of any kind
                        used or intended to be used to cover, contain or
                        package something; and
10                (b) a bulk container, or any means of bulk transport, used
                        or intended to be used to cover, contain or package
                        something;
              "contaminated", in relation to an animal, agricultural product,
                  animal feed, fertiliser or other substance or thing, has the
15                meaning given by section 7;
              "control", in relation to a declared pest or other organism,
                  includes eradicate, destroy, prevent the presence or spread
                  of, manage, examine or test for, survey for or monitor the
                  presence or spread of, and treat;
20            "conveyance" means a vehicle, vessel, aircraft or train;
              "cultivate" includes culture;
              "declared pest" means --
                   (a) a prohibited organism; or
                  (b) an organism for which a declaration under
25                      section 22(2) is in force;
              "Declared Pest Account" means the account established under
                  section 137(1);
              "department" means the department principally assisting in the
                  administration of this Act;
30            "Director General" means the chief executive officer of the
                  department;



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     "disease" means --
          (a) a disease that is capable of having a detrimental
                effect on an animal or a plant and includes --
                    (i) a micro-organism; and
 5                 (ii) a disease agent; and
                  (iii) an infectious agent; and
                  (iv) a parasite at any stage of its life cycle;
                or
          (b) a genetic disorder of an animal or plant;
10   "electronic site", in relation to the department, means --
          (a) a website on the internet; or
          (b) a site on another public electronic system, or other
                site approved under the regulations,
          established and maintained under section 159;
15   "environment" has the meaning given to that term in the
          Environmental Protection Act 1986 section 3;
     "export" means to take out of, or cause to be taken out of,
          Western Australia;
     "fertiliser" means --
20        (a) a substance containing nitrogen, phosphorus,
                potassium or any other element required for plant
                growth, or a compound of such a substance,
                manufactured, prepared, produced or supplied for the
                purpose of fertilising the soil or supplying nutriments
25              to plants; or
          (b) a substance used for conditioning the soil for the
                purpose of fertilising the soil or supplying nutriments
                to plants; or
          (c) a substance prescribed for the purposes of this
30              definition,




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                   but does not include --
                   (d) animal or plant manure or other unmanufactured
                         refuse except to the extent that the manure or refuse
                         is mixed with a substance referred to in
 5                       paragraph (a), (b) or (c) and is so mixed,
                         manufactured, prepared, produced or supplied as a
                         fertiliser; or
                   (e) a substance prescribed not to be a fertiliser;
              "fish" has the meaning given to that term in the Fish Resources
10                 Management Act 1994 and includes pearl oyster;
              "fisheries officer" means a fisheries officer appointed under the
                   Fish Resources Management Act 1994 section 11;
              "high impact organism" means a prohibited organism that has
                   been prescribed as a high impact organism;
15            "identification card" means --
                   (a) in relation to an inspector appointed under
                         section 162 -- the identity card issued to the
                         inspector under section 164(1); and
                   (b) in relation to an inspector who is a fisheries officer,
20                       an inspector as that term is defined in the Pearling
                         Act 1990, a wildlife officer or a police officer -- a
                         like identification issued to the person under the
                         written law under which the person was appointed as
                         such an officer or inspector;
25            "identifier" means a brand, stencil, eartag, earmark, electronic
                   device or other device or marking used to identify an
                   organism, an agricultural product, a place or a prescribed
                   potential carrier;
              "import" means to bring, or cause to be brought, into Western
30                 Australia;
              "import permit" means a permit issued under section 16(2);
              "infected" means actually infected or liable, by reason of
                   contact or proximity, to be infected;


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     "infested" means actually infested or liable, by reason of
          contact or proximity, to be infested;
     "inspection point" means a place designated as an inspection
          point under section 166;
 5   "inspector" means --
          (a) in relation to the identification or movement of
                stock -- an inspector appointed under section 162 or
                a police officer; and
          (b) in relation to fish -- an inspector appointed under
10              section 162, a fisheries officer or an inspector
                appointed under the Pearling Act 1990 section 35(1);
                and
          (c) in relation to a declared pest other than fish -- an
                inspector appointed under section 162 or a wildlife
15              officer; and
          (d) in relation to anything else -- an inspector appointed
                under section 162;
     "keep" means have in possession or be in control of, and
          includes exhibit;
20   "label" means --
          (a) when used as a noun -- an identifier or a tag, mark or
                statement in writing however effected, and whether
                or not comprising a trade mark, logo or other
                distinguishing or descriptive material; and
25        (b) when used as a verb -- to mark a package, container
                or other thing to identify it or its contents by affixing
                to it or inserting in it an identifier or a tag, stamp,
                mark or statement referred to in paragraph (a);
     "land" means --
30        (a) all land within the limits of the State; and
          (b) all marine and other waters within the limits of the
                State; and



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                    (c)   all coastal waters of the State as defined by
                          section 3(1) of the Coastal Waters (State Powers)
                          Act 1980 of the Commonwealth; and
                   (d) the sea-bed and subsoil beneath, and all islands and
 5                        structures within, the waters referred to in
                          paragraphs (b) and (c); and
                   (e) in respect of fish managed by the State under an
                          arrangement with the Commonwealth under the Fish
                          Resources Management Act 1994 Part 3 or the
10                        Pearling Act 1990, the waters of the Australian
                          fishing zone as defined by the Fisheries Management
                          Act 1991 of the Commonwealth;
               "Land Titles Register" means the Register as defined in the
                   Transfer of Land Act 1893;
15             "management plan" means a plan that is in force under
                   section 45 for the management of an area;
               "maximum residue limit", in relation to a chemical product or
                   other prescribed substance, means the maximum residue
                   limit prescribed in respect of that chemical product or
20                 substance in relation to --
                   (a) an animal, agricultural product, animal feed, fertiliser
                          or other substance or thing; or
                   (b) a prescribed organism or other thing from which an
                          agricultural product, animal feed, fertiliser or other
25                        substance or thing may be derived;
               "Minister for the Environment" means the Minister
                   administering the Environmental Protection Act 1986;
               "Minister for Fisheries" means the Minister administering the
                   Fish Resources Management Act 1994;
30             "Modified Penalties Revenue Account" means the account
                   established under section 148(1);
               "occupier", in relation to land, means a person who is in
                   occupation or control of the land, or is entitled to be in


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         occupation or control of the land, whether or not that
         person owns the land;
     "organism" means --
         (a) a living thing, except a human being or part of a
 5             human being; or
         (b) a prion or other prescribed organic agent that can
               cause disease; or
         (c) a disease;
     "owner" --
10       (a) in relation to land -- has the meaning given to that
               term in section 8 or 129, as the case requires; and
         (b) in relation to a vehicle -- has the meaning given to
               that term in the Road Traffic Act 1974; and
         (c) in relation to a vessel -- has the meaning given to
15             that term in the Western Australian Marine Act 1982;
               and
         (d) in relation to a thing other than land, a vehicle or a
               vessel -- includes an agent or manager of the owner,
               and any other person who has possession or control
20             of the thing at the material time;
     "pearl oyster" has the meaning given to that term in the
         Pearling Act 1990;
     "permitted organism" means an organism for which a
         declaration is in force under section 11;
25   "pest control notice" means a notice under section 31(1);
     "pest exclusion notice" means a notice under section 27(1);
     "pest keeping notice" means a notice under section 35(1);
     "place" means land, premises or a conveyance, or a part of
         land, premises or a conveyance;
30   "plant" means any vegetation or fungus and includes --
         (a) a cutting or the leaf, flower or flower head of a plant;
               and


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     s. 6



                   (b) the fruit or seed of a plant; and
                   (c) the peel, skin or shell of a fruit or seed of a plant; and
                   (d) genetic material of a plant; and
                   (e) any other product or part of a plant;
 5             "potential carrier" means --
                   (a) anything that is capable of carrying an organism; or
                   (b) anything that is capable of carrying anything else that
                         is capable of carrying an organism;
               "premises" includes a building or structure, or part of a
10                 building or structure, of any type;
               "prescribed" means prescribed under regulations made under
                   this Act;
               "prohibited organism" means an organism for which a
                   declaration is in force under section 12;
15             "public authority" means --
                   (a) a Minister of the State; or
                   (b) an agency or an organisation as those terms are
                          defined in the Public Sector Management Act 1994;
                          or
20                 (c) a body, corporate or unincorporate, that is established
                          or continued for a public purpose by the State,
                          regardless of the way it is established; or
                   (d) a local government or regional local government;
               "quality assurance scheme" means a scheme relating to
25                 animals, agricultural products, potential carriers, animal
                   feed or fertilisers that is designed to assure that the animals,
                   plants, agricultural products, potential carriers, animal feed
                   or fertilisers --
                   (a) are of a particular quality or grade; or
30                 (b) are in a particular condition; or
                   (c) were produced in a particular area or place; or
                   (d) were produced in a particular manner; or

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                                                                   s. 6



          (e)  have been treated in a particular way; or
          (f)  are free from a particular organism, chemical residue,
               contaminant or adulterant; or
         (g) comply with particular conditions or requirements;
 5   "quarantine facility" means a place used or to be used as a
         quarantine facility under an arrangement under section 165
         or another secure facility used for quarantine purposes;
     "record" means a document or record of information,
         irrespective of how the information is recorded or stored or
10       able to be recovered and includes --
          (a)    a thing from which images, sounds or writings can be
                 reproduced, with or without the aid of anything else;
                 and
          (b) a thing on which information is recorded or stored,
15               whether electronically, magnetically, mechanically or
                 by some other means;
     "residue", in relation to a chemical product or other prescribed
          substance, includes residue of a derivative or metabolite of
          the chemical product or other substance;
20   "residue management notice" means a notice given under
          section 52;
     "stock" means any animal prescribed for the purposes of this
          definition;
     "supply" includes do, or cause or permit the doing of, any of
25        the following --
          (a) sell;
          (b) send or deliver for sale or on sale;
          (c) dispose of under a hire purchase agreement;
          (d) give;
30        (e) offer to do an act that would be a supply (including
                 an act referred to in any of the above paragraphs),
          and includes supply under a contract for work or labour
          that also involves the supply of any thing;

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               "treat" includes disinfect, disinfest, clean, vaccinate or apply
                   other prophylactic measures, and isolate;
               "unimproved value", in relation to land --
                    (a) has the meaning given to that term in the Valuation of
 5                        Land Act 1978; and
                   (b) in relation to a part of a lot, as that term is defined in
                          the Land Tax Assessment Act 2002, has the meaning
                          given in section 13 of that Act;
               "unlisted organism" has the meaning given to that term in
10                 section 14;
               "vehicle" has the meaning given to that term in the Road Traffic
                   Act 1974;
               "veterinary chemical product" means a veterinary chemical
                   product as defined in the Agvet Code of Western Australia
15                 except that --
                   (a) despite section 5(4) of the Code, it includes a
                          substance or mixture of substances that is --
                             (i) prepared in accordance with the instructions
                                 of a veterinary surgeon by a pharmaceutical
20                               chemist registered under the Pharmacy
                                 Act 1964 in the course of practice as a
                                 pharmacist; or
                            (ii) prepared by a veterinary surgeon in the course
                                 of practice as a veterinary surgeon;
25                        and
                   (b) it does not include a substance prescribed for the
                          purposes of this definition;
               "veterinary surgeon" means a registered veterinary surgeon as
                   defined in the Veterinary Surgeons Act 1960;
30             "wildlife officer" means a wildlife officer designated as such
                   under the Conservation and Land Management Act 1984.




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     7.         Meaning of "contaminated"
                For the purposes of this Act an animal, agricultural product,
                animal feed, fertiliser or other substance or thing is
                contaminated if --
 5                (a) it contains more of a chemical product or other
                        substance than the maximum residue limit of that
                        chemical product or other substance prescribed in
                        relation to that animal, agricultural product, animal feed,
                        fertiliser or other substance or thing; or
10                (b) it contains such an amount of a chemical product or
                        other substance that ordinary use of the animal,
                        agricultural product, animal feed, fertiliser or other
                        substance or thing is likely to result, directly or
                        indirectly, in the presence of more than the maximum
15                      residue limit of that chemical product or other substance
                        in another animal, agricultural product, animal feed,
                        fertiliser or other substance or thing; or
                  (c) it contains a substance or thing, other than a substance
                        or thing in relation to which a maximum residue limit is
20                      prescribed, in the circumstances prescribed in relation to
                        that substance or thing; or
                  (d) the regulations prescribe circumstances in which an
                        animal, agricultural product, animal feed, fertiliser or
                        other substance or thing is contaminated, and those
25                      circumstances occur in relation to the animal,
                        agricultural product, animal feed, fertiliser or other
                        substance or thing.

     8.         Meaning of "owner" in relation to land
          (1)   For the purposes of this Act, other than Part 6 Division 1, a
30              person is an owner of land if the person is --
                  (a) in relation to land alienated from the Crown, the holder
                        (at law or in equity) of an estate in fee simple in the
                        land; or


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                 (b)    in relation to land that the Crown has lawfully agreed to
                        alienate, the person who is entitled to the benefit of the
                        agreement; or
                  (c)   in relation to land held under a lease lawfully granted by
 5                      the Crown, the lessee; or
                 (d)    in relation to any other land, the public authority that has
                        the care, control or management of the land or, if there
                        is no such public authority, the Crown.
          (2)   For the purposes of this Act, an owner of land referred to in
10              subsection (1)(a), (b) or (c) ("private land") is to be taken to be
                the owner, in addition to that land, of --
                  (a) the land comprising any road that --
                          (i) intersects the private land; or
                         (ii)   bounds the private land and is fenced only on the
15                              side further from the common boundary of the
                                road and the private land;
                        and
                 (b)    the land comprising half of the width of any road that
                        bounds the private land and is fenced on both sides
20                      being the half that is nearer the common boundary of the
                        road and the private land; and
                  (c)   the land comprising half the width of any road that
                        separates the private land from other private land being
                        the half that is nearer the common boundary of the road
25                      and the first-mentioned private land.
          (3)   Subsection (2) does not apply to or in relation to a road
                dedicated and open to public use and fenced on both sides.
     9.         Meaning of "animal feed"
          (1)   In this Act --
30              "animal feed" means a substance, mixture or compound
                     consumed or intended for consumption by an animal or
                     supplied for consumption by an animal, including --
                     (a) basic animal feed; and

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                                                                          s. 9



               (b)    processed animal feed or manufactured animal feed;
                      and
               (c)    a by-product, additive, supplement or nutrient; and
               (d)    any other substance that is prescribed for the
 5                    purposes of this definition.
     (2)   In this section --
           "additive" means a substance or combination of substances
                added to basic animal feed for continuous long-term
                administration to an animal for a specific purpose;
10         "basic animal feed" means grain, seeds, hay, meat, fish or milk
                used as animal feed, or in the preparation of animal feed;
           "by-product" means --
                (a) a by-product of the production of basic animal feed
                       or processed animal feed; or
15              (b) a by-product of the production of food for human
                       consumption; or
                (c) another substance prescribed for the purposes of this
                       definition;
           "manufactured animal feed" means a feed consisting of, or
20              containing --
                (a) a feed made mainly or partly of basic animal feed
                       (but not consisting solely of one or more basic animal
                       feeds or products derived from milk); or
                (b) a processed animal feed, additive or supplement; or
25              (c) a stock lick;
           "processed animal feed" means --
                (a) a basic animal feed that has been changed in form by
                       chemical, physical or mechanical treatment; or
                (b) a by-product.




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    s. 10



    10.       When organism is to be taken to be on land
              For the purposes of this Act, a reference to an organism being
              on land is to be taken to include a reference to an organism that
              is --
5                (a) on or in any water on or under the land; or
                (b) in the air above the land.




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                                                          Biosecurity     Part 2
                        Permitted, prohibited and unlisted organisms  Division 1
                                                                            s. 11



                               Part 2 -- Biosecurity
           Division 1 -- Permitted, prohibited and unlisted organisms
     11.         Permitted organisms
           (1)   The Minister may declare that an organism of a kind specified
 5               or described in the declaration is a permitted organism.
           (2)   Section 157 applies to a declaration made under this section.

     12.         Prohibited organisms
           (1)   The Minister may declare that an organism of a kind specified
                 or described in the declaration is a prohibited organism if there
10               are reasonable grounds for believing that the organism --
                   (a) has or may have an adverse effect on --
                            (i) another organism; or
                           (ii) human beings; or
                          (iii) the environment or part of the environment; or
15                        (iv) agricultural activities, fishing or pearling
                                 activities, or related commercial activities,
                                 carried on, or intended to be carried on, in the
                                 State or part of the State;
                         or
20                 (b) may have an adverse effect on any of those things if it
                         were present in the State or part of the State, or if it were
                         present in the State or the part in greater numbers or to a
                         greater extent.
           (2)   Section 157 applies to a declaration made under this section.

25   13.         Consultation with other Ministers and Biosecurity Council
                 Before making a declaration under section 11 or 12 the Minister
                 must consult with --
                  (a) any Minister who in the opinion of the Minister has a
                        relevant interest; and

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     Division 2      Importing organisms into Western Australia
     s. 14



                  (b)   if the Minister is of the opinion that such consultation is
                        necessary for the purpose of properly informing himself
                        or herself as to whether or not the declaration should be
                        made, the Biosecurity Council.

 5   14.         Unlisted organisms
                 An organism that is not a permitted organism or a declared pest
                 is an "unlisted organism".

           Division 2 -- Importing organisms into Western Australia
     15.         Import restrictions
10         (1)   A person must not import a prohibited organism except in
                 accordance with an import permit and the regulations.
                 Penalty:
                     (a) a fine of $50 000; or
                     (b) if the organism is a high impact organism, a fine of
15                         $100 000 and imprisonment for 12 months.
           (2)   A person must not import an unlisted organism except in
                 accordance with an import permit and the regulations.
                 Penalty: a fine of $20 000.
           (3)   A person must not import a prescribed potential carrier
20               unless --
                   (a) the import is permitted under the regulations; and
                   (b) the prescribed potential carrier is imported in accordance
                         with the regulations.
                 Penalty:
25                    (a) a fine of $50 000; or
                      (b) if the prescribed potential carrier is prescribed as a
                            potential carrier of a high impact organism, a fine of
                            $100 000 and imprisonment for 12 months.



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                                                                           s. 16



           (4)   The regulations may prohibit or regulate the importation of a
                 permitted organism.

     16.         How to obtain import permit
           (1)   A person may apply for an import permit in accordance with the
 5               regulations.
           (2)   The Director General may issue, or refuse to issue, an import
                 permit.
           (3)   An import permit may be issued subject to conditions.

     17.         Supply of unlawful import
10               A person must not supply an organism, the progeny of an
                 organism, or a potential carrier if the person knows, or ought
                 reasonably to know, that the organism or potential carrier was
                 imported in contravention of section 15.
                 Penalty:
15                    (a) a fine of $50 000; or
                      (b) if the organism is a high impact organism, a fine of
                           $100 000 and imprisonment for 12 months.

     18.         Possession of unlawful import
                 A person must not receive or possess an organism, the progeny
20               of an organism, or a potential carrier if the person knows, or
                 ought reasonably to know, that the organism or potential carrier
                 was imported in contravention of section 15.
                 Penalty:
                      (a) a fine of $20 000; or
25                    (b) if the organism is a high impact organism, a fine of
                           $100 000 and imprisonment for 12 months.

     19.         Obligations of commercial passenger carrier
           (1)   In this section --
                 "commercial passenger carrier" means a person who provides
30                    transport for individuals for fee or reward.

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     Division 2      Importing organisms into Western Australia
     s. 20



           (2)   A commercial passenger carrier who transports passengers into
                 the State by means of a conveyance from a location outside the
                 State must not bring the conveyance into the State unless the
                 carrier has given to the passengers the prescribed information
 5               about importing organisms and potential carriers.
                 Penalty: a fine of $15 000.
           (3)   A commercial passenger carrier who transports passengers into
                 the State by means of a conveyance from a location outside the
                 State must provide a secure facility that complies with the
10               regulations (if any) for the passengers to deposit any organism
                 or potential carrier that is or could be imported in contravention
                 of section 15.
                 Penalty: a fine of $15 000.
           (4)   If an organism or potential carrier is deposited by a passenger in
15               a facility provided by the commercial passenger carrier for that
                 purpose, the commercial passenger carrier must dispose of the
                 organism or potential carrier in accordance with the regulations.
                 Penalty: a fine of $20 000.

     20.         Obligation of commercial carrier
20         (1)   In this section --
                 "commercial carrier" means a person who provides transport
                      for individuals, or transports freight, for fee or reward.
           (2)   A commercial carrier transporting a prescribed declared pest, a
                 declared pest of a prescribed class, or a prescribed potential
25               carrier, into the State from a location outside the State commits
                 an offence if --
                   (a) the regulations require that carrier to give notice to the
                          Director General of the transport of that declared pest or
                          potential carrier; and
30                 (b) the carrier does not give the notice in accordance with
                          the regulations.
                 Penalty: a fine of $15 000.

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                          Importing organisms into Western Australia Division 2
                                                                            s. 21



     21.         Reporting and presenting import
           (1)   If the regulations so require, a person who proposes to import an
                 organism or prescribed potential carrier must, before the
                 organism or prescribed potential carrier is imported, give notice,
 5               in accordance with the regulations, of the time and place of
                 entry into the State of the organism or prescribed potential
                 carrier.
           (2)   A person who --
                  (a) imports an organism or prescribed potential carrier; and
10                (b) fails to comply with subsection (1) in respect of the
                        organism or prescribed potential carrier,
                 commits an offence.
                 Penalty: a fine of $10 000.
           (3)   A person who imports an organism or prescribed potential
15               carrier must --
                   (a) if an import permit has been issued in respect of the
                         organism or prescribed potential carrier or if the
                         regulations so require, present the organism or
                         prescribed potential carrier to an inspector in accordance
20                       with the regulations; and
                  (b)    give the inspector any import permit issued in respect of
                         the organism or prescribed potential carrier; and
                   (c) give the inspector any relevant information the inspector
                         requires about the organism or prescribed potential
25                       carrier.
                 Penalty: a fine of $20 000.
           (4)   A person who imports an organism or prescribed potential
                 carrier must, if the regulations so require, give an inspector a
                 declaration in accordance with the regulations.
30               Penalty: a fine of $20 000.




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     Biosecurity and Agriculture Management Bill 2006
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     Division 3      Biosecurity within Western Australia
     s. 22



                 Division 3 -- Biosecurity within Western Australia
     22.          Declared pests
           (1)    A prohibited organism is a declared pest for the whole of
                  Western Australia.
 5         (2)    The Minister may declare that any other organism of a kind
                  specified or described in the declaration is a declared pest for an
                  area if there are reasonable grounds for believing that the
                  organism --
                    (a) has or may have an adverse effect on --
10                            (i) another organism in the area; or
                             (ii) human beings in the area; or
                            (iii) the environment, or part of the environment, in
                                   the area; or
                            (iv) agricultural activities, fishing or pearling
15                                 activities, or related commercial activities,
                                   carried on, or intended to be carried on, in the
                                   area;
                           or
                    (b) may have an adverse effect on any of those things if it
20                         were present in the area, or if it were present in the area
                           in greater numbers or to a greater extent.
           (3)    A declaration under this section may assign the declared pest to
                  a category designated by the regulations.
           (4)    Before making a declaration under this section the Minister
25                must consult with --
                   (a) any other Minister who in the opinion of the Minister
                         has a relevant interest; and
                   (b) if the Minister is of the opinion that such consultation is
                         necessary for the purpose of properly informing himself
30                       or herself as to whether or not the declaration should be
                         made, the Biosecurity Council.


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                                Biosecurity within Western Australia Division 3
                                                                            s. 23



           (5)   The area for which an organism is declared to be a declared pest
                 may be the whole or part of the State.
           (6)   The declaration may set out or identify a management plan that
                 must be followed by a person who has a duty under section 30
 5               to control the declared pest.
           (7)   Section 157 applies to a declaration made under subsection (2).

     23.         Dealing with declared pest
           (1)   Except as otherwise provided in the regulations or in a
                 management plan, a person must not, in an area for which an
10               organism is a declared pest --
                  (a)    keep, breed or cultivate the declared pest; or
                  (b)    keep, breed or cultivate an animal, plant or other thing
                         that is infected or infested with the declared pest; or
                   (c) release into the environment the declared pest, or an
15                       animal, plant or other thing that is infected or infested
                         with the declared pest; or
                  (d) intentionally infect or infest, or expose to infection or
                         infestation, a plant, animal or other thing with a declared
                         pest.
20               Penalty:
                      (a) a fine of $50 000; or
                      (b) if the declared pest is a high impact organism, a fine
                            of $100 000 and imprisonment for 12 months.
           (2)   The regulations may provide that a person must not move a
25               declared pest, or an animal, plant or other thing that is infected
                 or infested with the declared pest, from the place where it is
                 found.
           (3)   A person who contravenes a regulation referred to in
                 subsection (2) commits an offence.
30               Penalty:
                      (a) a fine of $20 000; or

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     Division 3      Biosecurity within Western Australia
     s. 24



                     (b)   if the contravention is in relation to a declared pest
                           that is a high impact organism, a fine of $100 000 and
                           imprisonment for 12 months.

     24.         Introducing or supplying declared pest
 5         (1)   The regulations or a management plan may provide that a
                 person must not bring into an area of the State from another area
                 of the State --
                   (a) an organism that is a declared pest for the
                         first-mentioned area; or
10                 (b) an animal, plant or other thing that is infected or infested
                         with an organism that is a declared pest for the
                         first-mentioned area; or
                   (c) a potential carrier of an organism that is --
                            (i) a declared pest for the first-mentioned area; and
15                         (ii) prescribed by the regulations or specified in the
                                 management plan.
           (2)   A person who contravenes a provision referred to in
                 subsection (1) commits an offence.
                 Penalty:
20                    (a) a fine of $20 000; or
                     (b) if the contravention is in relation to a declared pest
                           that is a high impact organism, a fine of $100 000 and
                           imprisonment for 12 months.
           (3)   The regulations or a management plan may provide that a
25               person must not supply to a person in an area of the State --
                   (a) an organism that is a declared pest for the area; or
                   (b) an animal, plant or other thing that is infected or infested
                        with an organism that is a declared pest for the area; or
                   (c) a potential carrier of an organism that is --
30                        (i) a declared pest for the area; and
                         (ii) prescribed by the regulations or specified in the
                                management plan.

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                                Biosecurity within Western Australia Division 3
                                                                            s. 25



           (4)   A person who contravenes a provision referred to in
                 subsection (3) commits an offence.
                 Penalty:
                      (a) a fine of $20 000; or
 5                   (b) if the contravention is in relation to a declared pest
                           that is a high impact organism, a fine of $100 000 and
                           imprisonment for 12 months.

     25.         Authorised dealing with declared pest
                 A person who is authorised under this Act to keep, breed,
10               cultivate or supply a declared pest must do so in accordance
                 with this Act and the terms and conditions, if any, of the
                 authorisation.
                 Penalty:
                       (a) a fine of $20 000; or
15                    (b) if the declared pest is a high impact organism, a fine
                            of $100 000 and imprisonment for 12 months.

     26.         Duty to report declared pest
           (1)   A person who finds or suspects that, in an area for which an
                 organism is a declared pest, there is the declared pest on or in a
20               place, or that an organism or thing is infected or infested with
                 the declared pest, must report, in accordance with
                 subsection (2), the presence or suspected presence of the
                 declared pest to the Director General or an inspector.
                 Penalty:
25                    (a) a fine of $20 000; or
                      (b) if the declared pest is a high impact organism, a fine
                             of $100 000 and imprisonment for 12 months.
           (2)   A report --
                  (a) may be made orally or in writing; and




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     Biosecurity and Agriculture Management Bill 2006
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     Division 3      Biosecurity within Western Australia
     s. 27



                  (b)    must indicate, as far as practicable, where the declared
                         pest, or the infected or infested organism or thing, was
                         found, or the reasons for suspecting its presence; and
                   (c)   must give any other relevant information within the
 5                       person's knowledge; and
                  (d)    must be made within the prescribed period or, if no
                         period is prescribed, as soon as practicable after finding
                         the pest or suspecting its presence; and
                   (e)   must be made in accordance with the regulations (if
10                       any).
           (3)   A veterinary surgeon, analyst or other person is not excused
                 from compliance with subsection (1) on the grounds that he or
                 she found or came to suspect the presence of the declared pest
                 on or in the place, or found or came to suspect that the organism
15               or thing was infected or infested, in the course of giving
                 professional or other advice, or providing professional or other
                 services, to the owner, occupier or other person in control of the
                 place, organism or thing.
           (4)   Subsection (3) has effect whether the advice was sought or
20               given, or the services were provided, in relation to the place,
                 organism or thing, or in relation to any other matter.

     27.         Pest exclusion notice
           (1)   If the Director General is of the opinion that, in an area for
                 which an organism is a declared pest, measures are required to
25               be taken to ensure that a place or an agricultural product
                 remains free from the declared pest, the Director General may
                 give a pest exclusion notice to any or all of the following
                 persons --
                   (a) in the case of a notice in respect of land -- the owner or
30                       occupier of the land or a person who is conducting an
                         activity on that land;
                   (b) in the case of a notice in respect of another place -- the
                         owner, occupier or person who has control of the place;


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                                                                            s. 28



                   (c)   in the case of a notice in respect of an agricultural
                         product -- the owner or person who has control of the
                         agricultural product.
           (2)   A pest exclusion notice --
 5                (a) must be in writing; and
                  (b) must identify the declared pest in respect of which the
                         notice is given; and
                  (c) may direct the person to whom it is given to comply
                         with a code of practice specified in the notice, or to take
10                       the measures set out in the notice or prescribed by the
                         regulations specified in the notice, for the purpose of
                         keeping the place or agricultural product free from the
                         declared pest; and
                  (d) must specify the period within which, or for the duration
15                       of which, the person to whom it is given must comply
                         with the notice; and
                  (e) must inform the person to whom it is given that failure
                         to comply with the notice could result in a fine, the
                         Director General taking remedial action under
20                       section 38, or both.

     28.         SAT review: pest exclusion notice
           (1)   Subject to the regulations referred to in subsection (2), a person
                 aggrieved by a direction in a pest exclusion notice under
                 section 27 may apply to the State Administrative Tribunal for a
25               review of the direction.
           (2)   The regulations may prescribe circumstances relating to a
                 matter of emergency or urgent need in which subsection (1)
                 does not apply.

     29.         Compliance with pest exclusion notice
30               A person to whom a pest exclusion notice is given must comply
                 with the notice.
                 Penalty: a fine of $20 000.

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     30.         Duty to control declared pest
           (1)   In this section --
                 "prescribed control measures", in relation to a declared pest,
                      means the measures to control that declared pest required
 5                    under the regulations or a management plan.
           (2)   The owner or other person in control, in an area for which an
                 organism is a declared pest, of an organism or thing infected or
                 infested with the declared pest must take the prescribed control
                 measures to control the declared pest.
10               Penalty: a fine of $20 000.
           (3)   The owner or occupier of land in an area for which an organism
                 is a declared pest or a person who is conducting an activity on
                 the land must take the prescribed control measures to control the
                 declared pest if it is present on the land, or has infected or
15               infested an organism or thing on the land, or is likely to be
                 present on the land or to infect or infest an organism or thing on
                 the land.
                 Penalty: a fine of $20 000.
           (4)   Subsections (2) and (3) apply to a person in relation to a
20               declared pest regardless of whether the person is also required
                 to comply with a pest control notice or a pest exclusion notice in
                 relation to the declared pest.
           (5)   Where 2 or more persons are required to take prescribed control
                 measures under subsection (2) or (3) in relation to the same
25               organism or thing, it is a defence to a charge of an offence by
                 any of them under subsection (2) or (3) to show that another
                 person has complied with the requirement imposed on that
                 person.
           (6)   It is a defence to a charge of an offence by a person under
30               subsection (2) or (3) if the person establishes that the person did
                 not know, and could not reasonably have been expected to
                 know, at the material time, that the declared pest was present on


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                 the land or was likely to be present or that an organism or thing
                 was infected or infested or was likely to be infected or infested.

     31.         Pest control notice
           (1)   An inspector may give a pest control notice to any or all of the
 5               following persons --
                   (a)   an owner or occupier of land in an area for which an
                         organism is a declared pest or a person who is
                         conducting an activity on the land if --
                            (i) the declared pest has been found on or in the
10                              vicinity of the land; or
                           (ii) the keeping of the declared pest on the land is
                                authorised under this Act; or
                          (iii) there are reasonable grounds for suspecting that
                                the declared pest is on or in the vicinity of the
15                              land;
                         and
                  (b)    to any other person in respect of an area for which an
                         organism is a declared pest if --
                            (i) the declared pest has been found on or in the
20                              vicinity of a place or any other thing in that area
                                owned or occupied by, or under the control, of
                                that person; or
                           (ii) the keeping of the declared pest on a place in that
                                area owned or occupied by, or under the control,
25                              of that person is authorised under this Act; or
                          (iii) there are reasonable grounds for suspecting that
                                the declared pest is on or in the vicinity of a
                                place or any other thing in that area owned or
                                occupied by, or under the control of, that person.
30         (2)   A pest control notice --
                  (a) must be in writing; and



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                (b)    must identify the declared pest in respect of which the
                       notice is given, and indicate where the pest was found, is
                       suspected to be, or is authorised under this Act to be
                       kept; and
 5               (c)   may direct the person to whom it is given to comply
                       with a code of practice specified in the notice, or to take
                       the measures set out in the notice or required under the
                       regulations or a management plan specified in the
                       notice, for the purpose of controlling the declared pest
10                     or, if the declared pest is authorised to be kept, for the
                       purpose of keeping the declared pest as authorised under
                       this Act; and
                (d)    must specify the period within which, or for the duration
                       of which, the person to whom it is given must comply
15                     with the notice; and
                 (e)   inform the person to whom it is given that failure to
                       comply with the notice could result in a fine, the
                       Director General taking remedial action under
                       section 38, or both.
20      (3)    The Director General may give a copy of a pest control notice,
               for information --
                 (a) to another person if --
                          (i) that person is the owner or occupier of land that
                              is in close proximity to the land, premises or
25                            thing in respect of which the pest control notice
                              is given; and
                         (ii) there are reasonable grounds for believing the
                              person's agricultural activities or land would be
                              adversely affected if the declared pest were to
30                            infect or infest the person's land or any plants or
                              animals on the land, or the premises or any other
                              thing owned or occupied by, or under the control
                              or management of, the person;
                       and


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                  (b)   to a management committee established by regulations
                        made under section 141(1)(b) if the Director General is
                        of the opinion that the information is relevant to the
                        functions of the management committee.

 5   32.         Compliance with pest control notice
                 A person to whom a pest control notice is given must comply
                 with the notice.
                 Penalty:
                      (a) a fine of $50 000; or
10                    (b) if the declared pest is a high impact organism, a fine
                            of $100 000 and imprisonment for 12 months.

     33.         Apportionment of costs of controlling declared pests on land
           (1)   As between the owner and occupier or successive owners and
                 occupiers of land the costs of controlling declared pests on and
15               in relation to the land in accordance with a pest control notice
                 are, subject to any agreement between the owner or occupier or
                 successive owners and occupiers, to be borne in such
                 proportions --
                   (a) as are prescribed; or
20                 (b) if no proportions are prescribed, as determined by the
                          Director General.
           (2)   A person who has paid more than the proportion of that person
                 may recover the excess from the other in a court of competent
                 jurisdiction.
25         (3)   An owner having only a partial interest or a particular estate in
                 the land may apply to the Director General for a determination
                 as to what portion of any expense of or in relation to the control
                 of a declared pest on and in relation to the land paid or to be
                 paid by the owner must be borne by any other person having a
30               partial interest or estate in the land.



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           (4)   The Director General may make a determination for the
                 purposes of subsection (3).
           (5)   An owner paying, or who has paid, more than that owner's
                 proportion of the expenses as determined by the Director
 5               General may recover the excess in a court of competent
                 jurisdiction from a person the Director General determines to be
                 liable to pay it.
           (6)   This section does not apply in relation to land owned by, or
                 vested in, a public authority or the State.

10   34.         SAT review: costs of controlling declared pests
                 A person aggrieved by --
                  (a) a determination of the Director General under
                        section 33(1)(b); or
                  (b) a determination of the Director General under
15                      section 33(4) or (5),
                 may apply to the State Administrative Tribunal for a review of
                 the determination.

     35.         Pest keeping notice
           (1)   The Director General may give a pest keeping notice to a person
20               if there are reasonable grounds for suspecting that person is not
                 complying with section 25.
           (2)   A pest keeping notice must --
                  (a) be in writing; and
                  (b) identify the declared pest in respect of which the notice
25                      is given; and
                  (c) specify the action the Director General requires to be
                        taken to keep, breed, cultivate or supply the declared
                        pest in accordance with section 25; and
                  (d) specify the time within which the action must be taken;
30                      and


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                   (e)   inform the person to whom the notice is given that
                         failure to take the action could result in the Director
                         General taking remedial action under section 38.

     36.         Director General review: pest control notice or pest keeping
 5               notice
           (1)   A person who has been given a pest control notice or pest
                 keeping notice may, in writing, request the Director General to
                 review it.
           (2)   On receiving such a request the Director General may suspend
10               the notice pending making a decision under subsection (3).
           (3)   On receiving such a request the Director General may --
                  (a) review the notice and amend, suspend, cancel or confirm
                        it; or
                  (b) refuse to review the notice.
15         (4)   If the Director General amends a pest control notice or a pest
                 keeping notice it has effect accordingly.
           (5)   The Director General must give the person who requested the
                 review written advice of the decision on the review and the
                 reasons for that decision.
20         (6)   Nothing in this section prejudices any right of review that a
                 person might have under section 37 but, if a request for review
                 has been made under this section, that right of review must not
                 be exercised until a decision under subsection (3) has been
                 made.

25   37.         SAT review: pest control notice or pest keeping notice
           (1)   Subject to the regulations referred to in subsection (2) and to
                 section 36(6), a person aggrieved by a decision of the Director
                 General to give a pest control notice or a pest keeping notice or
                 a decision of the Director General under section 36, may apply
30               to the State Administrative Tribunal for a review of the
                 decision.

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           (2)   The regulations may prescribe circumstances relating to a
                 matter of emergency or urgent need in which subsection (1)
                 does not apply.

     38.         Remedial action by Director General
 5               If a person does not comply with a requirement of a pest
                 exclusion notice, a pest control notice or a pest keeping notice,
                 the Director General may --
                   (a) take remedial action in accordance with section 94; and
                   (b) recover the cost of taking remedial action from the
10                        person accordingly.

     39.         Power to control pests
           (1)   A person required under this Act to take measures to control a
                 declared pest has full power to do all that is necessary to comply
                 with the requirement.
15         (2)   A person who obstructs a person referred to in subsection (1) in
                 the exercise of a power under that subsection commits an
                 offence.
                 Penalty: a fine of $5 000.

     40.         Agreements to supply pest control materials
20         (1)   The Director General may enter into an agreement with a person
                 to supply to that person materials, appliances or services for the
                 control of declared pests.
           (2)   An agreement may be discharged, extended or varied as agreed
                 by the parties.
25         (3)   The Director General may supply poison under subsection (1)
                 despite anything to the contrary in the Poisons Act 1964.




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     41.         Public authority may assist owner or occupier to control
                 declared pest
                 Without affecting the operation or effect of any other provision
                 of this Act, if, in an area for which an organism is a declared
 5               pest, the declared pest is on any land, the local government of
                 the district in which that land is situate, or any other public
                 authority, may render such financial or other assistance to any
                 owner or occupier of that land as the local government or other
                 public authority considers necessary or expedient for the control
10               of that declared pest on and in relation to that land.

     42.         Department may carry out operational work
           (1)   In this section --
                 "operational work" means the doing of such acts, matters and
                      things as may be necessary for or conducive to the control
15                    in an area of an organism that is a declared pest for the
                      area;
                 "place" does not include a dwelling as that term is defined in
                      section 63.
           (2)   An officer of the department or an inspector may at any time
20               carry out operational work on or in relation to any place without
                 cost to the owner or occupier of the place.
           (3)   An officer of the department or an inspector may enter any
                 place for the purpose of exercising powers under this section.
           (4)   The provisions of this section are in addition to and not in
25               derogation of any other written law conferring power to control
                 declared pests.
           (5)   Nothing in this section limits or otherwise affects the
                 application of this Act to and in relation to the control of
                 declared pests if, and to the extent that, declared pests are not
30               controlled under operational works carried out under this
                 section.



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     Part 2          Biosecurity
     Division 4      Urgent measures
     s. 43



                           Division 4 -- Urgent measures
     43.         Director General may give directions for urgent measures to
                 control declared pest
           (1)   Where, in the opinion of the Director General, a measure or
 5               action must be carried out immediately to control a declared
                 pest, the Director General may, in writing, direct an inspector to
                 carry out that measure or action.
           (2)   A direction referred to in subsection (1) must specify the
                 measure or action to be carried out.
10         (3)   Despite any other provision of this Act or any other law, an
                 inspector is authorised to carry out a measure or action in
                 accordance with a direction under this section.
           (4)   The Director General must give the Minister a copy of the
                 direction and a written report on the measure or action carried
15               out.

     44.         Director General may approve alternative measure or
                 requirement
           (1)   If satisfied that a measure, action or requirement is appropriate,
                 the Director General may grant temporary approval for an
20               alternative measure or action to be carried out or requirement
                 imposed from that prescribed by the regulations or in a
                 management plan for the control of a declared pest.
           (2)   An approval under subsection (1) must specify --
                  (a) the alternative measure, action or requirement; and
25                (b) the period, being not more than 6 months, during which
                        the approval remains in force.
           (3)   A measure or requirement approved under this section as an
                 alternative from that prescribed by the regulations or in a
                 management plan has the same effect as if it were prescribed
30               under the regulations or a management plan.


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                                                Management plans     Division 5
                                                                            s. 45



           (4)   The Director General must give the Minister a copy of the
                 approval and a written report on the measure or action carried
                 out or requirement imposed.

                          Division 5 -- Management plans
 5   45.         Management plans
           (1)   The Minister may, by instrument published in the Gazette, issue
                 a plan for the management of an area to provide for the control
                 of a declared pest in the area.
           (2)   The area may be the whole or part of the State.
10         (3)   A management plan must --
                  (a) identify the area to which the plan relates; and
                  (b) set out the purposes of the plan; and
                  (c) set out the practices to be followed under the plan; and
                  (d) specify any obligations that are imposed on owners,
15                     occupiers or other persons for the purposes of the plan.
           (4)   A management plan may create offences punishable by a fine
                 not exceeding $20 000.
           (5)   The Minister must not issue --
                  (a) a management plan in relation to fish, or a declared pest
20                     in an aquatic environment, unless the plan is approved
                       by the Fisheries Minister; or
                  (b) a management plan in relation to a declared pest that is
                       an animal native to Australia, other than a fish, unless
                       the plan is approved by the CALM Act Minister.
25         (6)   If a provision of a management plan is inconsistent with a
                 regulation, the regulation prevails to the extent of the
                 inconsistency.

     46.         Consultation with affected persons
           (1)   Before issuing a management plan, the Minister must, as far as
30               is appropriate and reasonably practicable to undertake, consult

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     Division 6      Biosecurity Council
     s. 47



                 with the public authorities and any other persons which or who
                 appear to the Minister to be likely to be --
                   (a) required to take part in implementing the plan; or
                   (b) put to expense in complying with the plan; or
 5                 (c) affected, or interested, in a significant way by the
                         operation of the plan.
           (2)   Consultation may be undertaken in any way that the Minister
                 thinks appropriate in the circumstances, having regard to the
                 proposed management plan and the number of persons which or
10               who are likely to be affected by its operation.

     47.         Management plans are subject to disallowance
           (1)   A management plan is subsidiary legislation for the purposes of
                 the Interpretation Act 1984.
           (2)   The Interpretation Act 1984 section 42 applies to and in relation
15               to a management plan as if the plan were regulations made
                 under this Act.

                         Division 6 -- Biosecurity Council
     48.         Biosecurity Council
           (1)   The Minister must establish a Biosecurity Council by an
20               instrument signed by the Minister that sets out --
                   (a) the membership of the Council; and
                   (b) any other matters in relation to the operation and
                        procedures of the Council that the Minister considers
                        appropriate.
25         (2)   The Minister may, by instrument signed by the Minister, amend
                 an instrument made under subsection (1).
           (3)   Subject to the instrument made under subsection (1), the
                 Biosecurity Council may determine its own procedures.



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                                               Biosecurity Council  Division 6
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           (4)   Each member of the Biosecurity Council must be paid such
                 remuneration and allowances as the Minister, on the
                 recommendation of the Minister for Public Sector Management,
                 determines in the case of that member.

 5   49.         Membership of Biosecurity Council
           (1)   The Biosecurity Council must --
                  (a) be comprised of members who, in the opinion of the
                        Minister, have a general or specific interest and
                        expertise in the management of biosecurity in the State;
10                      and
                  (b)   include members of community and producer
                        organisations.
           (2)   The regulations may make provision for the nomination of
                 members referred to in subsection (1) by prescribed community
15               and producer organisations.

     50.         Functions of Biosecurity Council
                 The functions of the Biosecurity Council are --
                  (a) to advise the Minister or the Director General, as the
                        case requires, on any matter related to biosecurity,
20                      whether referred to the Council by the Minister or the
                        Director General or of its own motion; and
                  (b) if the Minister so approves, to advise any other Minister
                        on any matter related to biosecurity.

     51.         Annual report
25         (1)   The Biosecurity Council must on or before 30 November in
                 each year make and submit to the Minister an annual report of
                 its proceedings for the year ending on the preceding 30 June.
           (2)   The Minister must cause a copy of the annual report to be laid
                 before each House of Parliament within 14 sitting days of the
30               House after the report is received by the Minister.


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     Biosecurity and Agriculture Management Bill 2006
     Part 3          Residues on land, chemical products and adulteration
     Division 1      Residues on land
     s. 52



             Part 3 -- Residues on land, chemical products
                           and adulteration
                           Division 1 -- Residues on land
     52.         Residue management notices
 5         (1)   If land is found to contain such an amount of an organochlorine,
                 another chemical product or another prescribed substance that
                 an agricultural product derived from the land would be likely to
                 contain more than the maximum residue limit of the
                 organochlorine, chemical product or other substance, the
10               Director General may give the owner or occupier of the land a
                 residue management notice.
           (2)   A residue management notice must --
                  (a) be in a form approved by the Director General; and
                  (b) advise the owner or occupier of the land to whom it is
15                      given that the land has been found to contain such an
                        amount of an organochlorine, another chemical product
                        or another prescribed substance that an agricultural
                        product derived from the land would be likely to contain
                        more than the maximum residue limit of the
20                      organochlorine, chemical product or other substance;
                        and
                  (c) direct that the use of the land for the production of
                        agricultural products is restricted as specified in the
                        notice.
25         (3)   Without limiting subsection (2)(c), a direction in a residue
                 management notice may require the owner or occupier of the
                 land to obtain the written approval of an inspector before using
                 the land in a manner, or for a purpose, specified in the notice.
           (4)   An owner or occupier of land who uses land in contravention of
30               a direction in a residue management notice that is binding on the
                 owner or occupier commits an offence.
                 Penalty: $50 000.

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                                                    Residues on land  Division 1
                                                                             s. 53



           (5)   A residue management notice remains in force until it is
                 cancelled under section 53(2).
           (6)   A residue management notice --
                  (a) while it remains in force, binds each person to whom it
 5                      is given; and
                  (b) while a notification of the residue management notice
                        remains registered under section 101(4), and unless a
                        removal of notification is registered under that section,
                        binds each successive owner or occupier of the land to
10                      which the residue management notice relates.

     53.         Duration of residue management notice
           (1)   The Director General must review each residue management
                 notice from time to time in accordance with the regulations.
           (2)   If the Director General is satisfied that land in respect of which
15               a residue management notice has been given no longer contains
                 such an amount of an organochlorine, another chemical product
                 or another prescribed substance that an agricultural product
                 derived from the land would be likely to contain more than the
                 maximum residue limit of the organochlorine, chemical product
20               or other substance, the Director General must cancel the notice.
     54.         SAT review: residue management notices
                 A person aggrieved by --
                  (a) a decision of the Director General --
                           (i) to give a residue management notice; or
25                        (ii) upon a review under section 53(1), not to cancel
                               a residue management notice;
                        or
                  (b) a refusal of an inspector to give an approval under a
                        residue management notice,
30               may apply to the State Administrative Tribunal for a review of
                 the decision or refusal.


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     Part 3          Residues on land, chemical products and adulteration
     Division 2      Chemical products
     s. 55



     55.         Notification may be lodged with Registrar of Titles
           (1)   The Director General may lodge a notification in respect of a
                 residue management notice with the Registrar of Titles.
           (2)   When a residue management notice in respect of which a
 5               notification is registered under section 101(4) ceases to be in
                 force, the Director General must lodge a removal of notification
                 with the Registrar of Titles.

                          Division 2 -- Chemical products
     56.         Dealing with chemical products
10         (1)   A person who acquires, supplies, uses, stores, handles or
                 transports a chemical product commits an offence if --
                   (a) the regulations require that person to have a prescribed
                         qualification or authorisation; and
                   (b) the person does not have that qualification or
15                       authorisation.
                 Penalty: a fine of $50 000.
           (2)   A person who acquires, supplies, uses, stores, handles or
                 transports a chemical product commits an offence if --
                   (a) the regulations require that person to give notice of the
20                       acquisition, supply, use, storage, handling or transport of
                         that chemical product; and
                   (b) the person does not give the notice in accordance with
                         the regulations.
                 Penalty: a fine of $50 000.
25         (3)   A person who acquires, supplies, uses, stores, handles or
                 transports a chemical product commits an offence if --
                   (a) the regulations require that person to acquire, supply,
                         use, store, handle or transport the chemical product in
                         accordance with the regulations; and
30                 (b) the person does not comply with those regulations.
                 Penalty: a fine of $50 000.

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                                                  Chemical products   Division 2
                                                                             s. 57



           (4)   A person who advises on the acquisition, supply, use, storage,
                 handling or transport of a chemical product commits an offence
                 if --
                    (a) the regulations require that person to provide that advice
 5                       in accordance with the regulations; and
                    (b) the person does not comply with those regulations.
                 Penalty: a fine of $50 000.
           (5)   A person must not acquire, supply, use, store, handle or
                 transport a chemical product if the regulations prohibit such
10               acquisition, supply, use, storage, handling or transport.
                 Penalty: a fine of $50 000.
           (6)   A person who acquires, supplies, uses, stores, handles or
                 transports a chemical product commits an offence if --
                   (a) the regulations require that person to keep prescribed
15                       records of the acquisition, supply, use, storage, handling
                         or transport of the chemical product; and
                   (b) the person does not comply with those regulations.
                 Penalty: a fine of $50 000.

     57.         Dealing with things that are treated, or not treated, with
20               chemical product or are contaminated
                 A person who contravenes a regulation providing for duties or
                 obligations in relation to --
                   (a) the identification, handling, keeping, supply, purchase,
                         transport or use of an animal, agricultural product,
25                       animal feed or fertiliser that is treated, or not treated,
                         with a chemical product or is contaminated; or
                  (b) the provision of information in relation to that
                         identification, handling, keeping, supply, purchase,
                         transport or use,
30               commits an offence.
                 Penalty: a fine of $50 000.

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     Biosecurity and Agriculture Management Bill 2006
     Part 3          Residues on land, chemical products and adulteration
     Division 2      Chemical products
     s. 58



     58.         Certain agreements void
           (1)   An agreement, whether made in the State or elsewhere, relating
                 to the supply of an agricultural product in the State that purports
                 to exclude any part of the application of this Act in relation to
 5               the treatment of an agricultural product with a chemical product
                 is void.
           (2)   A person who agrees or purports to agree to supply an
                 agricultural product under an agreement that is void under this
                 section commits an offence.
10               Penalty: a fine of $20 000.
           (3)   An agreement, whether made in the State or elsewhere, relating
                 to the supply of an agricultural product in the State that contains
                 a provision to the effect that the agricultural product is treated
                 with a chemical product or declared not to be treated with a
15               chemical product is voidable by the purchaser, unless the
                 requirements imposed under --
                   (a) this Act in relation to the treatment of the agricultural
                         product with a chemical product; and
                   (b) any system of declarations or returns in operation under
20                       this Act in relation to a supply of that kind,
                 have been observed and are met.
           (4)   Despite any other law in force in the State, a purchaser under an
                 agreement that is, under this section, void or voidable --
                   (a) is not prevented from making a claim with respect to
25                      damages suffered by the purchaser; and
                   (b) may recover any money paid under the agreement.




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                                  Biosecurity and Agriculture Management Bill 2006
                  Residues on land, chemical products and adulteration       Part 3
                    Adulteration of agricultural products or animal feed Division 3
                                                                               s. 59



                 Division 3 -- Adulteration of agricultural products or
                                     animal feed
     59.           Meaning of terms used in this Division
           (1)     In this Division --
 5                 "adulterate", in relation to an agricultural product or animal
                        feed, includes --
                        (a) contaminate the agricultural product or animal feed;
                               or
                        (b) interfere with the agricultural product or animal feed;
10                             or
                        (c) make it appear that the agricultural product or animal
                               feed has been adulterated;
                   "animal feed" includes water intended to be used for stock to
                        drink.
15         (2)     In this Division, a reference to economic loss includes a
                   reference to economic loss through --
                     (a) members of the public not purchasing an agricultural
                           product or animal feed, or an agricultural product
                           derived from another agricultural product; or
20                   (b) steps taken to avoid public alarm or anxiety or to avoid
                           harm to members of the public.
     60.           Adulterating goods to cause public alarm or economic loss
                   A person must not adulterate an agricultural product or animal
                   feed with the intention of causing, or being reckless as to
25                 whether or not the adulteration would cause --
                     (a) public alarm or anxiety; or
                     (b) economic loss.
                   Penalty: a fine of $100 000 and imprisonment for 12 months.




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     61.         Threatening to adulterate goods to cause public alarm or
                 economic loss
           (1)   A person must not make a threat that an agricultural product or
                 animal feed will be adulterated with the intention of causing, or
 5               being reckless as to whether or not the threat would cause --
                   (a) public alarm or anxiety; or
                   (b) economic loss.
                 Penalty: a fine of $100 000 and imprisonment for 12 months.
           (2)   For the purposes of this section, a threat may be made by any
10               conduct, and may be explicit or implicit and conditional or
                 unconditional.

     62.         Making false statements concerning adulteration of goods to
                 cause public alarm or economic loss
           (1)   A person must not make a statement that the person believes to
15               be false --
                   (a) with the intention of inducing the person to whom the
                         statement is made or others to believe that an
                         agricultural product or animal feed has been adulterated;
                         and
20                 (b) with the intention of thereby causing, or being reckless
                         as to whether or not the statement would cause --
                            (i) public alarm or anxiety; or
                           (ii) economic loss.
                 Penalty: a fine of $100 000 and imprisonment for 12 months.
25         (2)   For the purposes of this section, making a statement includes
                 conveying information by any means.




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              Part 4 -- Inspection and compliance
                        Division 1 -- Preliminary
     63.   Meaning of terms used in this Part
           In this Part, unless the contrary intention appears --
 5         "dwelling" means --
                (a)   a building, structure or tent, or part of a building,
                      structure or tent, that is ordinarily used for human
                      habitation; or
                (b) a mobile home,
10             and it does not matter that it is uninhabited from time to
               time;
           "entry warrant" means a warrant issued under Division 3;
           "inspection purposes" means the purposes set out in
               section 64;
15         "mobile home" means a conveyance, other than a vessel --
                (a) that is ordinarily used for human habitation; and
                (b) that is permanently or semi-permanently stationary in
                      a single location;
           "structure" does not include a conveyance.

20           Division 2 -- Inspection and other functions
     64.   Purposes for which an inspection may be carried out
           An inspection may be carried out for any or all of the following
           purposes --
             (a) to search for or inspect any organism, agricultural
25                product, animal feed, identifier, chemical product or
                  potential carrier, or anything else regulated by this Act;
            (b) to search for and inspect any records that are kept under
                  or for the purposes of this Act, or that are relevant to
                  determining whether this Act is being complied with;

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                  (c)   to ascertain whether this Act, or a management plan,
                        code of practice, direction, notice or other instrument
                        given, issued, made or adopted under this Act is being
                        complied with;
 5                (d)   to search for and seize or otherwise obtain evidence of a
                        contravention of this Act;
                  (e)   any other prescribed purpose.

     65.         Entry and access to place or conveyance, and inspection
                 powers
10         (1)   For inspection purposes, an inspector may --
                  (a) at any time stop, detain, board or enter a conveyance
                         (except a conveyance that is a mobile home); and
                  (b) at any time enter a place that is not a dwelling; and
                  (c) at any time enter a dwelling with the consent of the
15                       person apparently in control of the dwelling; and
                  (d) at any time enter a place, including a dwelling, in
                         accordance with an entry warrant; and
                  (e) take onto or into the place any assistants, contractors,
                         animals, vehicles, instruments, equipment or materials
20                       that are needed to carry out the inspection; and
                   (f) remain on or in the place, with the assistants,
                         contractors, animals, vehicles, instruments, equipment
                         or materials, for as long as is necessary to complete the
                         inspection; and
25                (g) inspect and open any package, compartment, cupboard
                         or container of any kind, and inspect its contents; and
                  (h) restrain, muster, round up, yard, draft or otherwise move
                         or handle any stock or other animal; and
                   (i) patrol and inspect any fence on or bounding land or
30                       premises; and




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             (j)   take samples or specimens of or from organisms,
                   agricultural products, chemical products, animal feed,
                   fertilisers, water, soil or potential carriers; and
            (k)    survey and mark out land for any purpose relevant to
 5                 carrying out the inspection; and
             (l)   photograph or film a place or conveyance and anything
                   in or on the place or conveyance; and
            (m)    label any thing to indicate its identity or contents.
     (2)   Before obtaining the consent of a person for the purposes of
10         subsection (1)(c), the inspector must inform the person --
             (a) that the inspector wants to exercise the power under
                   subsection (1)(c); and
             (b) of the reason why the inspector wants to exercise the
                   power; and
15           (c) that the person can refuse to consent to the inspector
                   doing so.
     (3)   Before exercising a power under subsection (1)(a), (b) or (i) an
           inspector must take reasonable steps to inform the owner,
           occupier or person in charge of the place, as the case requires,
20         of his or her intention to exercise the power.
     (4)   Subsection (3) does not apply if --
            (a) the inspector reasonably suspects that to do so will
                  endanger any person, including the inspector, or
                  jeopardise the purpose of the proposed entry or the
25                effectiveness of any search of the place; or
            (b) the power is to be exercised in a public place or
                  quarantine facility.
     (5)   In subsection (4) --
           "public place" includes --
30              (a) a place to which the public, or any section of the
                      public, has or is permitted to have access, whether on
                      payment or not; and

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                      (b)   a place to which the public has access with the
                            express or implied approval of, or without
                            interference from, the occupier of the place; and
                      (c)   a school, university or other place of education, other
 5                          than a part of it to which neither a student nor the
                            public usually has access.

     66.         Obtaining records
           (1)   In this section --
                 "relevant record" means a record that --
10                    (a) contains information about the storage, handling,
                             transport, possession, supply, use or distribution of
                             organisms, agricultural products, potential carriers,
                             chemical products, animal feed or fertilisers; or
                      (b) is required to be kept under this Act; or
15                    (c) contains information that is relevant to a
                             contravention of this Act.
           (2)   For inspection purposes an inspector may do all or any of the
                 following --
                   (a) direct a person who has the custody or control of a
20                       record to give the inspector the record or a copy of it;
                   (b) direct a person who has the custody or control of a
                         record, computer or thing to make or print out a copy of
                         the record or to operate the computer or thing;
                   (c) operate a computer or other thing on which a record is
25                       or may be stored;
                   (d) direct a person who is or appears to be in control of a
                         record that the inspector suspects on reasonable grounds
                         is a relevant record to give the inspector a translation,
                         code, password or other information necessary to gain
30                       access to or interpret and understand the record;
                   (e) take extracts from or make copies of, or download or
                         print out, or photograph or film, a record that the


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                         inspector suspects on reasonable grounds is a relevant
                         record;
                   (f)   seize and retain, for so long as is necessary for the
                         purposes of this Act, a computer or other thing on which
 5                       a record is or may be stored;
                  (g)    seize a record that the inspector suspects on reasonable
                         grounds is a relevant record and retain it for as long as is
                         necessary for the purposes of this Act;
                  (h)    take reasonable measures to secure or protect a record,
10                       or computer or other thing on which a record is or may
                         be stored, against damage or unauthorised removal or
                         interference.
           (3)   If an inspector seizes or is given a record, the inspector must if
                 practicable allow a person who otherwise has custody or control
15               of it to have reasonable access to it.

     67.         Other directions
           (1)   An inspector may --
                  (a) for inspection purposes, direct a person who is on or in a
                        place, or who is or appears to be in possession or control
20                      of a place or thing, to --
                           (i) state his or her full name and residential address
                                and telephone number, and a local address and
                                telephone number if the person is away from
                                home and the inspector thinks it may be
25                              necessary to contact the person before he or she
                                returns home; and
                          (ii) produce evidence of the person's identity; and
                         (iii) give the inspector any information in the
                                person's possession or control as to the name and
30                              address of the owner of the place or thing; and
                         (iv) give the inspector, orally or in writing, any
                                information in the person's possession or control
                                that is relevant to carrying out the inspection; and

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               (b)   for inspection purposes, direct a person who is or
                     appears to be in possession or control of an organism,
                     prescribed potential carrier, animal feed, fertiliser or
                     chemical product to give the inspector any information
 5                   in the person's possession or control as to the name and
                     address of any person from whom the organism,
                     potential carrier, animal feed, fertiliser or chemical
                     product was obtained or to whom a similar organism,
                     potential carrier, animal feed, fertiliser or chemical
10                   product has been supplied; and
               (c)   direct a person who is or appears to be in control of a
                     place to give the inspector a plan, or access to a plan, of
                     the place; and
               (d)   direct a person who is or appears to be in control of a
15                   place or thing to give the inspector any assistance that
                     the inspector reasonably needs to carry out the
                     inspector's functions in relation to the place or thing;
                     and
               (e)   direct a person who is or appears to be in control of a
20                   conveyance to take the conveyance to an inspection
                     point, quarantine facility or other place for inspection or
                     treatment; and
               (f)   direct a person who is or could be carrying an organism
                     or potential carrier to go to an inspection point,
25                   quarantine facility or other place for inspection or
                     treatment; and
               (g)   direct an importer or other person who is or appears to
                     be in control of a consignment of goods or a potential
                     carrier to remove the consignment or potential carrier to
30                   an inspection point, quarantine facility or other place for
                     inspection or treatment; and
               (h)   direct a person who is or appears to be in control of an
                     organism to do anything necessary to identify the
                     organism; and



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                   (i)   direct a person who is or appears to be in control of an
                         animal to restrain, muster, round up, yard, draft or
                         otherwise move or handle the animal or to remove the
                         animal to an inspection point, quarantine facility or
 5                       other place for inspection or treatment; and
                   (j)   direct a person who is or appears to be in control of any
                         goods, conveyance, package or container to label it to
                         identify its contents; and
                  (k)    direct a person who is or appears to be in control of an
10                       organism or other thing regulated under this Act to keep
                         that organism or other thing in the possession of that
                         person until further directed by the inspector; and
                   (l)   direct a person who is or appears to be in control of an
                         organism or other thing regulated under this Act to leave
15                       that organism or other thing at an inspection point,
                         quarantine facility or other place until further directed
                         by the inspector.
           (2)   If a person does not comply with a direction under
                 subsection (1)(e), (f), (g) or (i) the inspector may do anything
20               the inspector considers necessary to achieve, so far as is
                 practicable, the purpose of the direction.
           (3)   Without limiting subsection (2), an inspector may move a
                 conveyance to achieve the purpose of the direction.

                            Division 3 -- Entry warrants
25   68.         Applying for entry warrant
           (1)   An inspector may apply to a justice for an entry warrant
                 authorising the entry of a place for inspection purposes.
           (2)   An inspector may apply for an entry warrant for a place even if,
                 under Division 2, the inspector may enter the place without an
30               entry warrant.
           (3)   The application must be in accordance with section 69 and must
                 include the prescribed information (if any).

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     69.         Applications, how they are to be made
           (1)   In this section --
                 "application" means an application for an entry warrant;
                 "remote communication" means any way of communicating at
 5                    a distance including by telephone, fax, email and radio.
           (2)   A reference in this section to making an application includes a
                 reference to giving information in support of the application.
           (3)   An application must be made in person before a justice
                 unless --
10                 (a) the warrant is needed urgently; and
                   (b) the applicant reasonably suspects that a justice is not
                        available within a reasonable distance of the applicant,
                 in which case --
                   (c) it may be made to the justice by remote communication;
15                      and
                   (d) the justice must not grant it unless satisfied about the
                        matters in paragraphs (a) and (b).
           (4)   An application must be made in writing unless --
                  (a) the application is made by remote communication; and
20                (b) it is not practicable to send the justice written material,
                 in which case --
                   (c) it may be made orally; and
                   (d) the justice must make a written record of the application
                        and any information given in support of it.
25         (5)   An application must be made on oath unless --
                  (a) the application is made by remote communication; and
                  (b) it is not practicable for the justice to administer an oath
                        to the applicant,
                 in which case --
30                 (c) it may be made in an unsworn form; and

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                  (d)    if the justice issues an entry warrant, the applicant must
                         as soon as is practicable send the justice an affidavit
                         verifying the application and any information given in
                         support of it.
 5         (6)   If on an application made by remote communication a justice
                 issues an entry warrant, the justice must if practicable send a
                 copy of the original warrant to the applicant by remote
                 communication, but otherwise --
                   (a) the justice must send the applicant by remote
10                       communication any information that must be set out in
                         the warrant; and
                   (b) the applicant must complete a form of warrant with the
                         information received and give the justice a copy of the
                         form as soon as is practicable after doing so; and
15                 (c) the justice must attach the copy of the form to the
                         original warrant and any affidavit received from the
                         applicant and make them available for collection by the
                         applicant.
           (7)   The copy of the original warrant sent, or the form of the warrant
20               completed, as the case may be, under subsection (6) has the
                 same force and effect as the original warrant.
           (8)   If an applicant contravenes subsection (5)(d) or (6)(b), any
                 evidence obtained under the entry warrant is not admissible in
                 proceedings in a court.

25   70.         Issuing an entry warrant
           (1)   A justice may issue an entry warrant if satisfied that it is
                 necessary for an inspector to enter a place for inspection
                 purposes.
           (2)   An entry warrant must contain --
30                (a) a reasonably particular description of the place to which
                        it relates; and



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                  (b)    a reasonably particular description of the inspection
                         purpose for which entry to the place is required; and
                  (c)    the period in which it may be executed; and
                  (d)    the date and time when it was issued; and
 5                (e)    any other prescribed matter.

     71.         Effect of entry warrant
           (1)   An entry warrant has effect according to its content and this
                 section.
           (2)   An entry warrant may be executed by any inspector.
10         (3)   If in the course of executing an entry warrant in an area an
                 inspector by chance finds a thing that is not specified in the
                 warrant that the inspector suspects on reasonable grounds is --
                   (a)   a declared pest for the area where the warrant is
                         executed, an unlisted organism or other thing prescribed
15                       for the purposes of this subsection; or
                  (b)    evidence of a contravention of this Act,
                 the inspector may seize the thing if the inspector reasonably
                 suspects that it is necessary to do so for one or more of the
                 following purposes --
20                 (c) to prevent the thing from being sold, disposed of,
                         concealed, damaged, destroyed, interfered with or lost;
                   (d) to preserve the thing's evidentiary value;
                   (e) to submit the thing to an analysis;
                    (f) to prevent the thing being used in the commission of an
25                       offence under this Act.

     72.         Report on entry and search
                 An inspector who has entered and searched a place under an
                 entry warrant must give a written report of the result of the entry
                 and search to the Director General.



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     Division 4 -- Seizure, treatment, destruction and recall powers
     73.         Power to seize, treat or destroy
           (1)   Subject to the regulations (if any) an inspector may --
                  (a) seize and detain an organism or potential carrier until --
 5                          (i) it can be determined whether the organism or
                                 potential carrier was imported in contravention
                                 of section 15; or
                           (ii) it can be determined whether the organism is a
                                 declared pest; or
10                        (iii) it can be determined whether the organism or
                                 potential carrier is infected or infested with a
                                 declared pest or is contaminated; or
                         (iv)    the organism or potential carrier is treated,
                                 destroyed, disposed of or otherwise dealt with
15                               under subsection (2); and
                  (b)   seize and detain an agricultural product, animal feed,
                        fertiliser, chemical product or other substance or thing
                        until it can be determined whether it is infected or
                        infested with a declared pest or is contaminated; and
20                (c)   without limiting paragraph (a) or (b), seize and detain an
                        organism, potential carrier, agricultural product, animal
                        feed, fertiliser, chemical product or other substance or
                        thing until it is treated, destroyed, disposed of or
                        otherwise dealt with under subsection (2) if there are
25                      reasonable grounds for believing that --
                           (i) an offence under this Act is being or has been
                                 committed in relation to the organism, potential
                                 carrier, agricultural product, animal feed,
                                 fertiliser, chemical product or other substance or
30                               thing; or
                          (ii) the organism is a declared pest; or
                         (iii) the organism, potential carrier, agricultural
                                 product, animal feed, fertiliser, chemical product

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                               or other substance or thing is infected or infested
                               with a declared pest or is contaminated.
        (2)    If an inspector seizes a thing under subsection (1), the inspector
               may do any of the following --
 5               (a) direct the person from whom the thing is seized to keep
                        the thing in accordance with the directions of the
                        inspector;
                 (b) remove and keep the thing so seized;
                 (c) treat the thing so seized to control declared pests or
10                      unlisted organisms or to lessen the risk of the spread of
                        declared pests or unlisted organisms;
                 (d) whether or not proceedings have been or are intended to
                        be taken under this Act in respect of the thing seized, but
                        subject to subsection (4) and the regulations (if any) --
15                         (i) destroy, dispose of or otherwise deal with the
                                thing; or
                          (ii) direct the person from whom the thing is seized
                                to destroy, dispose or otherwise deal with the
                                thing; or
20                       (iii) declare anything so seized to be forfeited to the
                                Crown;
                 (e) subject to such direction, if any, as the inspector thinks
                        fit to make under section 77 or 79, restore anything so
                        seized to the person from whom it was seized.
25      (3)    An organism or potential carrier may be treated under
               subsection (2)(c) whether or not the organism or potential
               carrier is infected or infested with a declared pest or unlisted
               organism.
        (4)    An action must not be taken under subsection (2)(d) before the
30             expiry of the time within which an application may be made
               under section 74 for a review of the decision to seize the thing
               or, where an application has been so made, before the
               determination of the application.

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     74.         SAT review: seizure
           (1)   Subject to the regulations referred to in subsection (4), a person
                 aggrieved by the seizure of any thing under section 73 may
                 apply to the State Administrative Tribunal for a review of the
 5               decision to seize the thing.
           (2)   In dealing with an application under subsection (1) the State
                 Administrative Tribunal may determine whether the thing
                 seized must be destroyed, disposed of, forfeited to the Crown,
                 restored to the person from whom it was seized or otherwise
10               dealt with.
           (3)   Subsection (2) does not limit the powers that the State
                 Administrative Tribunal Act 2004 gives the State Administrative
                 Tribunal.
           (4)   The regulations may prescribe circumstances relating to a
15               matter of emergency or urgent need in which subsection (1)
                 does not apply.

     75.         SAT review: forfeiture
           (1)   Subject to the regulations referred to in subsection (2), a person
                 aggrieved by a declaration under section 73(2)(d)(iii) may apply
20               to the State Administrative Tribunal for a review of the
                 declaration.
           (2)   The regulations may prescribe circumstances relating to a
                 matter of emergency or urgent need in which subsection (1)
                 does not apply.

25   76.         Power to direct that organism or potential carrier be moved
                 for treatment
           (1)   An inspector may --
                  (a) direct the owner, consignor, consignee or person in
                        control of an organism or potential carrier to take the
30                      organism or potential carrier, in accordance with the
                        direction, to a place specified in the direction for it to be


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                         treated to control declared pests or unlisted organisms or
                         to lessen the risk of the spread of declared pests or
                         unlisted organisms; and
                  (b)    at that place treat the organism or potential carrier
 5                       accordingly.
           (2)   A direction may be given under subsection (1)(a), and an
                 organism or potential carrier may be treated under
                 subsection (1)(b), whether or not the organism or potential
                 carrier is infected or infested with a declared pest or unlisted
10               organism.
           (3)   The direction must --
                  (a) be in writing; and
                  (b) inform the person to whom the direction is given that
                        failure to comply with the direction could result in a
15                      fine, the Director General taking remedial action under
                        section 87, or both.

     77.         Power to direct person to treat, refrain from treating,
                 destroy or dispose of thing
           (1)   An inspector may direct the owner, consignor, consignee or
20               person in control of an organism, potential carrier, agricultural
                 product, animal feed, fertiliser, chemical product or other
                 substance or thing to treat, refrain from treating, destroy or
                 otherwise dispose of it if there are reasonable grounds for
                 believing that --
25                 (a) an offence under this Act is being or has been
                         committed in relation to the organism, potential carrier,
                         agricultural product, animal feed, fertiliser, chemical
                         product or other substance or thing; or
                   (b) it is infected or infested with a declared pest or unlisted
30                       organism or is contaminated.
           (2)   A direction may be given under this section in relation to an
                 organism, potential carrier, agricultural product, animal feed,


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                 fertiliser, chemical product or other substance or thing whether
                 or not it has been seized and detained under section 73(1).
           (3)   An inspector may direct a person to do any or all of the
                 following --
 5                 (a) deliver each or any specified declared pest in the
                         person's possession to the inspector at a specified time
                         and place;
                   (b) destroy each or any specified declared pest in the
                         person's possession within a specified period and by a
10                       specified means;
                   (c)   produce evidence that a direction under paragraph (b)
                         has been complied with.
           (4)   The direction must --
                  (a) be in writing; and
15                (b) inform the person to whom the direction is given that
                        failure to comply with the direction could result in a
                        fine, the Director General taking remedial action under
                        section 87, or both.

     78.         SAT review: section 77 direction
20         (1)   Subject to the regulations referred to in subsection (4), a person
                 aggrieved by a direction under section 77 may apply to the State
                 Administrative Tribunal for a review of the direction.
           (2)   The commencement of a proceeding under subsection (1) in
                 respect of a direction to destroy any thing has the effect of
25               staying the operation of the direction.
           (3)   The State Administrative Tribunal may act under the State
                 Administrative Tribunal Act 2004 section 25(6) in relation to a
                 direction that is stayed under subsection (2) as if the direction
                 were stayed by an order of the Tribunal under section 25 of that
30               Act, and section 25(7) of that Act applies accordingly.




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           (4)   The regulations may prescribe circumstances relating to a
                 matter of emergency or urgent need in which subsection (1)
                 does not apply.

     79.         Treatment or destruction to prevent risk
 5         (1)   If --
                   (a)   the Director General --
                            (i) has reasonable grounds for believing that an
                                organism, a progenitor of that organism or a
                                potential carrier was imported; and
10                         (ii) is not satisfied that it was imported in accordance
                                with this Act;
                         or
                  (b)    the Director General --
                            (i) has reasonable grounds for believing that an
15                              organism, a progenitor of that organism or
                                potential carrier was brought from one area of
                                the State into another area of the State; and
                           (ii) is not satisfied that it was brought into that area
                                in accordance with this Act,
20               the Director General may, by notice given to the owner, require
                 the owner to treat or destroy the organism or potential carrier,
                 and any progeny of the organism, in the manner and within the
                 time specified in the notice.
           (2)   Subsection (1) does not apply to the progeny of an organism if
25               the progeny was imported, or brought into the relevant area, in
                 accordance with this Act.
           (3)   The notice must --
                  (a) be in writing; and
                  (b) inform the person to whom the notice is given that
30                      failure to comply with the notice could result in a fine,



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                         the Director General taking remedial action under
                         section 87, or both.
           (4)   A person to whom a notice is given under this section must not
                 contravene the notice, unless that person has a lawful excuse for
 5               the contravention.
                 Penalty: a fine of $20 000.

     80.         SAT review: treatment or destruction notice
           (1)   Subject to the regulations referred to in subsection (4), a person
                 aggrieved by a requirement in a notice given by the Director
10               General under section 79 may apply to the State Administrative
                 Tribunal for a review of the requirement.
           (2)   The commencement of a proceeding under subsection (1) in
                 respect of a requirement to destroy any thing has the effect of
                 staying the operation of the requirement.
15         (3)   The State Administrative Tribunal may act under the State
                 Administrative Tribunal Act 2004 section 25(6) in relation to a
                 direction that is stayed under subsection (2) as if the direction
                 were stayed by an order of the Tribunal under that section, and
                 section 25(7) of that Act applies accordingly.
20         (4)   The regulations may prescribe circumstances relating to a
                 matter of emergency or urgent need in which subsection (1)
                 does not apply.

     81.         Provisions do not limit making of regulations
                 Nothing in section 73, 77 or 79 limits or restricts the making of
25               regulations under Schedule 1.

     82.         Inspector may direct removal of organism or potential
                 carrier
                 If an inspector has reasonable grounds for believing that --
                   (a) an organism or prescribed potential carrier has been
30                        imported in contravention of section 15; or

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                  (b)    an imported organism or an imported prescribed
                         potential carrier is infected or infested with a declared
                         pest or an unlisted organism,
                 the inspector may direct the importer of the organism or
 5               prescribed potential carrier to remove it from the State or from
                 an area of the State.

     83.         SAT review: direction to remove from State
           (1)   Subject to the regulations referred to in subsection (3) a person
                 aggrieved by a direction under section 82 may apply to the State
10               Administrative Tribunal for a review of the direction.
           (2)   An organism or prescribed potential carrier the subject of a
                 direction referred to in subsection (1) may be detained by the
                 Director General until the direction is reviewed.
           (3)   The regulations may prescribe circumstances relating to a
15               matter of emergency or urgent need in which subsection (1)
                 does not apply.

     84.         Recall of organism or substance
           (1)   In this section --
                 "recallable substance" means an agricultural product, animal
20                    feed, fertiliser or other thing, or a batch of an agricultural
                      product, animal feed, fertiliser or other thing, which is, or
                      appears to the Director General to be, infected or infested
                      with a declared pest or contaminated.
           (2)   The Director General may, by notice in writing given to a
25               person (the "notified person") who has, or has had, possession
                 or control of a prohibited organism or a recallable substance,
                 require that person to do any one or more of the things
                 mentioned in subsection (4).
           (3)   The notice must --
30                (a) be in writing; and


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            (b)   inform the person to whom it is given that failure to
                  comply with the notice could result in a fine, the
                  Director General taking remedial action under
                  section 87, or both.
 5   (4)   The things that a notified person may be required to do under
           subsection (2) are as follows --
             (a) not to supply, or to stop supplying, the prohibited
                   organism or recallable substance, either immediately or
                   within a specified period;
10           (b) to take any action stated in the notice that the notified
                   person is reasonably capable of taking to recover stocks
                   of the prohibited organism or recallable substance from
                   any other person --
                      (i) to whom the prohibited organism or recallable
15                         substance has been supplied by the notified
                           person; or
                     (ii) who has possession or control of any such
                           prohibited organism or recallable substance
                           directly or indirectly because of supply by the
20                         notified person;
             (c) to take any action that is specified in the notice, or that
                   the notified person thinks necessary, to prevent or
                   reduce any harmful effects that may have resulted from
                   the use of the prohibited organism or recallable
25                 substance;
             (d) to destroy, as specified in the notice, stocks of the
                   prohibited organism or recallable substance in the
                   possession or control of, or recovered by, the notified
                   person or to deal with them as specified in the notice;
30           (e) to report to the Director General within the specified
                   period on the action taken by the notified person under
                   the notice.




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           (5)   A person to whom a notice is given under this section must
                 comply with the notice, unless that person has a lawful excuse
                 for failing to do so.
                 Penalty: a fine of $20 000.

 5   85.         Notice may be published
                 After giving a notice under section 84, the Director General
                 may, but is not required to, publish a notice in the Gazette or in
                 any other manner that the Director General thinks fit setting out
                 a brief statement of the matters to which the notice under
10               section 84 relates.

     86.         SAT review: recall notice
           (1)   Subject to the regulations referred to in subsection (4) a person
                 aggrieved by a requirement in a notice given by the Director
                 General under section 84 may apply to the State Administrative
15               Tribunal for a review of the requirement.
           (2)   The commencement of a proceeding under subsection (1) in
                 respect of a requirement to destroy any thing has the effect of
                 staying the operation of the requirement.
           (3)   The State Administrative Tribunal may act under the State
20               Administrative Tribunal Act 2004 section 25(6) in relation to a
                 direction that is stayed under subsection (2) as if the direction
                 were stayed by an order of the Tribunal under that section, and
                 section 25(7) of that Act applies accordingly.
           (4)   The regulations may prescribe circumstances relating to a
25               matter of emergency or urgent need in which subsection (1)
                 does not apply.

     87.         Remedial action
                 If a person does not comply with a direction under
                 section 76(1)(a) or 77, or a requirement of a notice under
30               section 79 or 84, the Director General may --
                   (a) take remedial action in accordance with section 94; and

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                                                                            s. 88



                  (b)    recover the cost of taking remedial action from the
                         person accordingly.

                                 Division 5 -- General
     88.         Time and place for compliance
 5               An inspector may specify the date and time when, and place
                 where, a direction must be complied with.

     89.         Direction may be given orally or in writing
           (1)   Unless otherwise specified, a direction may be given under this
                 Part orally or in writing.
10         (2)   A direction given orally must be confirmed in writing within
                 5 working days after it is given, unless within that period it is
                 complied with or cancelled.
           (3)   Failure to comply with subsection (2) does not invalidate the
                 direction.

15   90.         Exercise of power may be recorded
                 An inspector may record the exercise of a power under this Part,
                 including by making an audiovisual recording.

     91.         Use of force and assistance
           (1)   In this section --
20               "security officer" means a person who holds a security
                      officer's licence under the Security and Related Activities
                      (Control) Act 1996.
           (2)   An inspector may use assistance and force that is reasonably
                 necessary in the circumstances when carrying out a function
25               under this Act.
           (3)   However, if the use of reasonable force is likely to cause
                 significant damage to property, the inspector is not entitled to



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     s. 92



                 use force without the authority of the Director General in the
                 particular case.
           (4)   An inspector may request a police officer, a security officer, or
                 other person, to assist the inspector in carrying out functions
 5               under this Act.
           (5)   While a police officer, security officer or other person is
                 assisting an inspector at the request of the inspector and in
                 accordance with this Act, the police officer, security officer or
                 other person has the same functions as an inspector, and the
10               same liability and protection as an inspector in relation to
                 carrying out the functions.

     92.         Offences
                 A person commits an offence if the person --
                   (a) without lawful excuse, wilfully obstructs, hinders or
15                       resists an inspector who is carrying out a function under
                         this Act; or
                  (b) without lawful excuse, wilfully obstructs, hinders or
                         resists a person assisting an inspector who is carrying
                         out a function under this Act; or
20                 (c) without lawful excuse, does not comply with a direction
                         under this Part; or
                  (d) without lawful excuse, does not comply with any other
                         lawful requirement (however described) of an inspector
                         under this Act; or
25                 (e) wilfully makes a false statement to, or misleads, an
                         inspector who is carrying out a function under this Act.
                 Penalty: a fine of $20 000.

     93.         Self-incriminating information
           (1)   A person is not excused from giving any information to an
30               inspector in response to a direction or requirement of the
                 inspector on the ground that the information might tend to
                 incriminate the person or render the person liable to a penalty.

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                                                                            s. 94



           (2)   However, if the person gives the information after objecting on
                 the ground referred to in subsection (1), neither the information
                 given by the person, nor the fact that it was given by the person,
                 is admissible in evidence in any civil or criminal proceedings
 5               against the person except in proceedings for perjury or for an
                 offence under this Act arising out of the person's giving false or
                 misleading information.
           (3)   If an objection is made and the information is recorded, in
                 writing or otherwise, the record must set out the fact of the
10               objection having been made.

                 Division 6 -- Remedial action by Director General
     94.         Taking remedial action
           (1)   For the purpose of taking remedial action under section 38 or 87
                 or under the regulations the Director General --
15                 (a) may do anything that has not been done by the owner,
                         occupier or other person required to comply with a
                         notice, direction or other requirement; and
                   (b) may do anything incidental to doing something under
                         paragraph (a).
20         (2)   If the Director General is to take remedial action under
                 section 38 or 87 or under the regulations, an inspector may
                 exercise any of the powers specified in section 65(1)(b), (c), (d),
                 (e) and (f) that are necessary or expedient for the purposes of
                 taking the remedial action, as if the remedial action were an
25               inspection purpose.
           (3)   The regulations may make provision as to any or all of the
                 following --
                   (a) the procedure for taking remedial action;
                   (b) the determination of the costs of remedial action under
30                       section 38 or 87 or under the regulations;
                   (c) the payment of the costs of the remedial action;
                   (d) the recovery of the costs payable.

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           (4)   Nothing in this section affects the liability of a person to be
                 proceeded against for an offence under this Act or the recovery
                 of a penalty in any such proceedings.

     95.         Charge on land to secure cost of remedial action
 5         (1)   The amount payable under section 94 in relation to taking
                 remedial action in respect of anything that has not been done by
                 the owner of land is a charge on the land --
                   (a) whether or not the amount is due for payment; and
                   (b) whether or not a memorial of the charge has been
10                      registered under section 101(4).
           (2)   If the charge amount is not paid by the due date, the Director
                 General may lodge a memorial of the charge with the Registrar
                 of Titles.
           (3)   The liability of the owner to pay the charge amount continues
15               until it is paid, despite any disposition of the land.
           (4)   If part of the work was carried out on land comprising a number
                 of separate lots or parcels --
                   (a) the charge attaches to each separate lot or parcel; and
                   (b) the charge amount on a lot or parcel is the amount that
20                        is the same proportion of the total charge amount as
                          the unimproved value of the lot or parcel is of the total
                          unimproved value of the land.
           (5)   This section does not apply in relation to land owned by, or
                 vested in, a public authority or the State.

25   96.         Priority of charge
           (1)   When a memorial of a charge on land is registered under
                 section 101(4), the charge is the first charge on the land and has
                 priority over all other mortgages, charges and encumbrances
                 over the land.




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                                Remedial action by Director General  Division 6
                                                                            s. 97



           (2)   However, if there is another statutory charge on the same land
                 that ranks as a first charge under another Act, the relative
                 priority of the charges must be determined according to the
                 order of registration.

 5   97.         Dealing with certain charged land
                 A memorial lodged under section 95(2) is to provide that, after
                 it is registered, the Registrar of Titles is not to register any
                 dealing with the land, without the consent of the Director
                 General, unless the Director General has lodged a withdrawal of
10               the memorial and the withdrawal has been registered.

     98.         Recovery of unpaid charge amount
           (1)   If an amount charged on land that is under the operation of the
                 Transfer of Land Act 1893 remains unpaid after the due date,
                 the Director General has and may exercise in respect of the land
15               the functions conferred by that Act on a mortgagee under a
                 mortgage in respect of which a default has been made in
                 payment.
           (2)   If an amount charged on land that is alienated from the Crown
                 but is not under the operation of the Transfer of Land Act 1893
20               remains unpaid after the due date, the Director General has and
                 may exercise in respect of the land the functions referred to in
                 subsection (1) with such modifications as are necessary because
                 the land is not under the operation of that Act.
           (3)   If an amount charged on land that is the subject of a lease or
25               licence under the Land Administration Act 1997 remains unpaid
                 after the due date, the Director General has and may exercise in
                 respect of the land the functions conferred by that Act upon a
                 mortgagee under a mortgage in respect of which a default has
                 been made in payment.
30         (4)   The Director General must not exercise a power of sale in
                 relation to land referred to in this section unless the Director
                 General is satisfied that other reasonable means of recovering
                 the amount charged on the land have been exhausted.

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           (5)   The existence of a charge or registration of a memorial of a
                 charge on land does not affect the Director General's discretion
                 to proceed for recovery of the unpaid amount in proceedings
                 unrelated to the charge.

 5   99.         Certificate of charge amount
           (1)   The Director General must, on application by the owner of land
                 or a purchaser of land, issue a certificate --
                   (a) stating whether there is a charge on the land under this
                         Division; and
10                 (b) if there is -- stating the charge amount, or, if the charge
                         amount is yet to be determined, estimating the amount.
           (2)   If a certificate has been issued the Director General cannot --
                   (a) assert the existence of a charge not disclosed in the
                          certificate; or
15                 (b) assert that a charge covered (at the date of the
                          certificate) an amount exceeding the amount disclosed
                          in the certificate.
           (3)   However, giving an estimate of the charge amount in the
                 certificate does not prevent the Director General from
20               determining a different charge amount if further relevant
                 information becomes available.
           (4)   The fee (if any) prescribed is payable for the issue of the
                 certificate.

     100.        Withdrawal of memorial
25               If a memorial of a charge on land is registered in the Land Titles
                 Register, then, on payment of the charge amount, the Director
                 General must lodge a withdrawal of memorial with the Registrar
                 of Titles.




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              Registration of memorials and notices affecting land Division 7
                                                                        s. 101



             Division 7 -- Registration of memorials and notices
                             affecting land
     101.     Approved form of memorials and notices
       (1)    In this Division --
 5            "land document" means --
                   (a) a notification or removal of notification lodged with
                         the Registrar of Titles under Part 3 Division 1; or
                   (b) a memorial or withdrawal of memorial lodged with
                         the Registrar of Titles under Part 4 Division 6;
10            "register", in relation to a land document, means --
                   (a) endorse the particulars of the document on the
                         certificate of title for the land to which the document
                         relates; and
                   (b) register or enter the particulars of the document in the
15                       Land Titles Register.
       (2)    A land document must be in a form approved by the Registrar.
       (3)    The Registrar of Titles may --
               (a)   approve the form of land documents; and
               (b)   require the Director General to give to the Registrar the
20                   information specified in the land document and any
                     further information required by the Registrar for the
                     purpose of registering the land document.
       (4)    The Registrar of Titles may, on the lodging of a land document
              and payment of any relevant fee, register the document.

25   102.     Exemption from stamp duty
              A land document registered under section 101 is exempt from
              stamp duty.




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    Division 7      Registration of memorials and notices affecting land
    s. 103



    103.      Notice to mortgagees
              When a memorial is registered under section 101, the Director
              General must notify all mortgagees who hold registered
              mortgages over the land to that effect (but failure to do so does
5             not invalidate the registration of the memorial).




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                                             Legal proceedings        Part 5
                                             Legal proceedings   Division 1
                                                                      s. 104



                      Part 5 -- Legal proceedings
                      Division 1 -- Legal proceedings
     104.    Prosecutions, who may commence
             A prosecution for an offence under this Act may only be
 5           commenced by the Director General or a person authorised to
             do so by the Director General.

     105.    Time for bringing prosecution
       (1)   A prosecution for an offence under this Act must be
             commenced within 5 years after the date on which the offence is
10           alleged to have been committed.
       (2)   Despite subsection (1), if a prosecution notice alleging an
             offence under this Act specifies the day on which evidence of
             the alleged offence first came to the attention of a person
             authorised to institute the prosecution under section 104 --
15             (a) the prosecution may be commenced within 5 years after
                     that day; and
               (b) the prosecution notice need not contain particulars of the
                     day on which the offence is alleged to have been
                     committed.
20     (3)   The day on which evidence first came to the attention of a
             person authorised to institute a prosecution under section 104 is,
             in the absence of evidence to the contrary, the day specified in
             the prosecution notice.

     106.    Court's power to make ancillary orders on conviction
25           If a court convicts a person of an offence under this Act, the
             court may, if the court thinks it appropriate in the circumstances
             of the case, do any or all of the following --
               (a) order the offender to notify persons specified in the
                     order, or persons in a class of persons specified in the
30                   order, of the commission of the offence and the
                     conviction of the offender;

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                (b)   if the offender is a person or public authority required
                      under a written law to make an annual report -- order
                      the offender to include in the report notice of the
                      commission of the offence and the conviction of the
 5                    offender;
                (c)   order the offender to take measures specified in the
                      order, within the time specified in the order --
                         (i) to prevent, control, abate or mitigate damage
                              caused by the commission of the offence;
10                      (ii) to prevent any continuation or repetition of the
                              offence;
                (d)   order the offender to pay the Director General, a public
                      authority or another person the costs reasonably incurred
                      by the Director General, authority or person in repairing
15                    any damage caused as a result of the commission of the
                      offence;
                (e)   make any other order the court thinks appropriate in the
                      circumstances.

     107.      Order as to costs of analysis
20             In any proceedings under this Act, if evidence is given of an
               analysis made for the purposes of this Act, the court may, in
               addition to any penalty or other order as to costs, and without
               regard to the outcome of the proceedings generally, make an
               order as to the costs of and incidental to the obtaining of the
25             analysis and the giving of evidence as to the analysis.

     108.      Penalties for continuing offences
               For the purposes of the Interpretation Act 1984 section 71, in
               relation to an offence committed under this Act, the penalty for
               each separate and further offence committed by a person is --
30               (a) for an individual, a fine of $1 000; and
                 (b) for a body corporate, a fine of $5 000.



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                                             Legal proceedings   Division 1
                                                                      s. 109



     109.    Injunctions to ensure compliance with this Act
       (1)   The Director General may apply to the Supreme Court or the
             District Court for an injunction restraining a person --
              (a) from doing something that would, or would be likely to,
 5                    constitute an offence under this Act; or
              (b) from aiding, abetting, counselling or procuring the
                      commission of an offence under this Act; or
              (c) from conspiring with others to contravene or bring about
                      the commission of an offence under this Act; or
10            (d) from attempting to do anything referred to in
                      paragraph (a), (b) or (c).
       (2)   The Director General may apply to the Supreme Court or the
             District Court to enjoin a person to do something where the
             person's omission to do it constitutes or would constitute an
15           offence under this Act.
       (3)   The court may grant an injunction whether or not the person has
             previously committed the offence, or would, if the injunction is
             not granted, be likely to commit or to continue to commit the
             offence.
20     (4)   An interim injunction may be granted before final determination
             of an application under subsection (1).
       (5)   The court is not to require, as a condition of granting an interim
             injunction, that an undertaking be given as to damages or costs.
       (6)   The taking of proceedings against a person for an offence under
25           this Act is not affected by --
               (a) the making of an application for an injunction in relation
                     to the commission of the offence; or
               (b) the grant of or refusal to grant an injunction; or
               (c) the rescission, variation or expiry of an injunction.




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     Division 2      Responsibility of certain persons
     s. 110



                Division 2 -- Responsibility of certain persons
     110.      Liability of body corporate's officers
        (1)    In this section --
               "officer", in relation to a body corporate, has the same meaning
 5                  as in the Corporations Act 2001 of the Commonwealth but
                    does not include an employee of the body corporate unless
                    the employee was concerned in the management of the
                    body corporate.
        (2)    If a body corporate is charged with an offence under this Act,
10             each person who was an officer of the body corporate at the
               time of the alleged offence may also be charged with the
               offence.
        (3)    If a body corporate and an officer are charged as permitted by
               subsection (2) and the body corporate is convicted of the
15             offence, the officer is to be taken to have also committed the
               offence, subject to subsection (6).
        (4)    If a body corporate commits an offence under this Act, then,
               although the body corporate is not charged with the offence,
               every person who was an officer of the body corporate at the
20             time the offence was committed may be charged with the
               offence.
        (5)    If an officer is charged as permitted by subsection (4) and it is
               proved that the body corporate committed the offence, the
               officer is to be taken to have also committed the offence, subject
25             to subsection (6).
        (6)    If under this section an officer is charged with an offence it is a
               defence to prove that --
                 (a) the offence was committed without the officer's consent
                       or connivance; and
30               (b) the officer took all the measures to prevent the
                       commission of the offence that the officer could


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                                Responsibility of certain persons Division 2
                                                                      s. 111



                     reasonably be expected to have taken having regard to
                     the officer's functions and to all the circumstances.

     111.    Liability of principal for acts of agent
       (1)   If a person (the "agent") acting, otherwise than as an employee,
 5           for or on behalf of another person (the "principal") is charged
             with an offence under this Act, the principal may also be
             charged with the offence.
       (2)   If an agent and a principal are charged as permitted by
             subsection (1) and the agent is convicted of the offence, the
10           principal is to be taken to have also committed the offence,
             subject to subsection (5).
       (3)   If a person (the "agent") acting, otherwise than as an employee,
             for or on behalf of another person (the "principal") commits an
             offence under this Act, then, although the agent is not charged
15           with the offence, the principal may be charged with the offence.
       (4)   If a principal is charged as permitted by subsection (3) and it is
             proved that the agent committed the offence, the principal is to
             be taken to have committed the offence, subject to
             subsection (5).
20     (5)   If under this section a principal is charged with an offence it is a
             defence to prove that --
               (a) the offence was committed without the principal's
                     consent or connivance; and
               (b) the principal took all the measures to prevent the
25                   commission of the offence that the principal could
                     reasonably be expected to have taken having regard to
                     all the circumstances.

     112.    Liability of employer for offence of employee
       (1)   If an employee of another person (the "employer") is charged
30           as an employee with an offence under this Act, the employer
             may also be charged with the offence whether or not the


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               employee acted without the employer's authority or contrary to
               the employer's orders or instructions.
        (2)    If an employee and an employer are charged as permitted by
               subsection (1) and the employee is convicted of the offence, the
 5             employer is to be taken to have also committed the offence,
               subject to subsection (5).
        (3)    If an employee of another person (the "employer") commits an
               offence under this Act as an employee, then, although the
               employee is not charged with the offence, the employer may be
10             charged with the offence whether or not the employee acted
               without the employer's authority or contrary to the employer's
               orders or instructions.
        (4)    If an employer is charged as permitted by subsection (3) and it
               is proved that the employee committed the offence, the
15             employer is to be taken to have committed the offence, subject
               to subsection (5).
        (5)    If under this section an employer is charged with an offence it is
               a defence to prove that --
                 (a) the offence was committed without the employer's
20                     consent or connivance; and
                (b)    the employer took all the measures to prevent the
                       commission of the offence that the employer could
                       reasonably be expected to have taken having regard to
                       all the circumstances.

25                    Division 3 -- Evidentiary provisions
     113.      Meaning of "specified"
               In this Division --
               "specified", in relation to a claim, prosecution notice or other
                    document, means specified in the claim, prosecution notice
30                  or document.



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     114.   Proof of exemptions
            In any proceedings under this Act the onus of proving that --
              (a) at the time of the alleged offence a person was exempted
                    from a provision of this Act; or
 5            (b) anything was done or omitted to be done with lawful
                    excuse or authority or reasonable excuse; or
              (c) a person, organism or thing was not in the State,
            lies upon the person making that assertion.

     115.   Evidence of place of offence
10          In any proceedings under this Act an allegation in the
            prosecution notice --
              (a) that an area or place is, or was during a specified period,
                    within an area described in a declaration, notice or
                    advertisement published under this Act; or
15            (b) that a person, conveyance or other thing referred to in
                    the prosecution notice was in a specified area or place;
                    or
              (c) that an act occurred in a specified area or place,
            is, in the absence of evidence to the contrary, proof that the area
20          or place was within that described area or that the person,
            conveyance or thing was in, or that the act occurred in, that
            specified area or place, as the case requires.

     116.   Evidence of seller or packer of container
            In any proceedings for an offence under this Act an allegation in
25          the prosecution notice that a person whose name is marked on
            the outside or inside of any container, or on the label of a
            container, as the seller or packer of the container, is the seller or
            packer of the container is, in the absence of evidence to the
            contrary, taken to be proved.




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     117.      Evidence of purpose or intent
        (1)    In any proceedings for an offence under this Act an allegation in
               the prosecution notice --
                 (a) that an act occurred for a specified purpose; or
 5               (b) that anything was done with a specified intent or
                       knowledge,
               is, on proof of the act occurring or the thing being done and in
               the absence of evidence to the contrary, taken to be proved.
        (2)    In any proceedings for an offence under this Act an allegation in
10             the prosecution notice of the following matters is, in the absence
               of evidence to the contrary, taken to be proved --
                 (a) that a specified thing is or was intended or prepared for
                       supply or has been supplied;
                 (b) that the supply or intended supply of a specified thing
15                     was to a specified market.

     118.      Evidence of authorisation and enforcement matters
        (1)    In proceedings for an offence under this Act, an allegation in the
               prosecution notice of any of the following matters is, in the
               absence of evidence to the contrary, taken to be proved --
20               (a) that the prosecutor is authorised to commence the
                      prosecution;
                 (b) that at a specified time a specified person was an
                      inspector or a person assisting an inspector under
                      section 91;
25               (c) that at a specified time a specified person was or was not
                      authorised to do a specified thing under an authorisation;
                 (d) that at a specified time a specified person was or was not
                      the holder of an authorisation;
                 (e) that at a specified time a place, conveyance or other
30                    thing was or was not the subject of an authorisation or
                      exemption under this Act;


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               (f)   that at a specified time a specified person was or was not
                     the subject of an authorisation or exemption under
                     this Act;
              (g)    that at a specified time an authorisation or exemption
 5                   was cancelled, suspended or for any other reason of no
                     effect;
              (h)    that at a specified time an authorisation or exemption
                     was subject to any specified condition;
               (i)   that at a specified time a person held a specified office;
10             (j)   that at a specified time a specified amount of costs,
                     charges or expenses was lawfully incurred for the
                     purposes of this Act;
              (k)    that at a specified time a prescribed fee had not been
                     paid;
15             (l)   that at a specified time a specified thing was seized
                     under this Act;
              (m)    that at a specified time a person was or was not a
                     veterinary surgeon or a pharmaceutical chemist.
       (2)   In proceedings for an offence under this Act a notice,
20           authorisation or exemption, issued under this Act, including the
             conditions applying to any such thing, may be proved by
             tendering a copy of it certified by the Director General to be a
             true copy of the original.

     119.    Evidence of scientific matters
25     (1)   In this section --
             "approved analyst" means an analyst, or an analyst in a class
                  of analyst, approved by the Director General to carry out
                  analysis for the purposes of this Act or specified provisions
                  of this Act.




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        (2)    In any proceedings for an offence under this Act, a report by an
               approved analyst is, in the absence of evidence to the contrary,
               proof of --
                 (a) the identity of the thing analysed; and
 5               (b) the result of the analysis; and
                 (c) the matters stated in the report; and
                 (d) the fact that the prescribed method, if any, for carrying
                       out the analysis has been followed by the analyst in
                       making the analysis.
10      (3)    In any proceedings for an offence under this Act, a report by an
               approved analyst that contains a statement that the sample was
               taken under this Act is, in the absence of evidence to the
               contrary, proof of the fact that --
                 (a) the sample was taken in the manner prescribed, if any;
15                     and
                 (b) the sample was taken from the material identified in the
                       report as the material sampled.
        (4)    Where in any proceedings brought under this Act or otherwise
               proof is given of the contents of any sample analysed under this
20             Act and that the sample was taken in accordance with the
               regulations, the sample is to be taken to be representative of the
               material sampled.

     120.      Evidence of type or class of organism or thing
               In proceedings for an offence under this Act, an allegation in the
25             prosecution notice of any of the following matters is, in the
               absence of evidence to the contrary, taken to be proved --
                 (a) that an organism is of a particular kind;
                 (b) that a thing is a potential carrier;
                 (c) that at a specified time a specified organism was a
30                    permitted organism;
                 (d) that at a specified time a specified organism was a
                      prohibited organism;

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               (e)   that at a specified time a specified organism was an
                     unlisted organism;
               (f)   that at a specified time a specified organism was a
                     declared pest for a specified area;
 5            (g)    that at a specified time a specified organism was a
                     declared pest of a specified category;
              (h)    that a substance is or is not a chemical product of a
                     particular kind;
               (i)   that a substance is or is not an animal feed of a particular
10                   kind or intended as an ingredient of an animal feed;
               (j)   that a substance is or is not a fertiliser;
              (k)    that a specified maximum residue limit was the relevant
                     maximum residue limit.

     121.    Documentary and signed evidence
15     (1)   In proceedings for an offence under this Act, production of a
             copy of --
               (a) a code or other document that has been adopted by the
                    regulations; or
               (b) a code of practice; or
20             (c) a declaration made under section 11, 12 or 22(2),
             certified by the Director General as a true copy as at any date or
             during any period is proof of the contents of the code, document
             or declaration as at that date or during that period.
       (2)   In the absence of evidence to the contrary, it is to be presumed
25           that a document purporting to have been signed by the Minister,
             the Director General, an inspector or an approved analyst (as
             defined in section 119(1)) was signed by a person who at the
             time was the Minister, the Director General, an inspector or an
             approved analyst, as the case may be.
30     (3)   In the absence of evidence to the contrary, it is to be presumed
             that a document purporting to have been signed by a delegate of


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               the Minister or the Director General was signed by a person
               who at the time was such a delegate and was authorised to sign
               it.

     122.      Evidence of documents and service
 5      (1)    In proceedings under this Act in which a document issued to a
               party has to be proved --
                 (a) the party is to be taken to have received notice to
                       produce the document; and
                 (b) the document may be proved by the production of a
10                     copy of the original document, certified by a person
                       authorised to issue the original as a true copy of the
                       original; and
                 (c) due service of the document may be proved by the
                       certification of the person authorised to issue the
15                     original document that the original was given on the
                       date specified in the certificate.
        (2)    The validity of any document or of its due service is not
               affected by any error, misdescription or irregularity which does
               not mislead or which is not likely to mislead.

20   123.      Evidence of ownership or occupancy
        (1)    In proceedings under this Act, in addition to other methods of
               proof available --
                 (a) evidence that the person proceeded against is rated
                      under the Local Government Act 1995 as the owner of
25                    land; or
                 (b) evidence by the certificate of --
                        (i) the Registrar of Deeds and Transfers, or an
                               Assistant Registrar of Deeds and Transfers, that a
                               person appears from a memorial of registration
30                             of a deed, conveyance or other instrument, to be
                               the owner of land; or



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                       (ii)    the chief executive officer of the department of
                               the Public Service principally assisting in the
                               administration of the Mining Act 1978, that a
                               person is registered in that department as the
 5                             owner or occupier of land; or
                       (iii) the chief executive officer of the department of
                               the Public Service principally assisting in the
                               administration of the Conservation and Land
                               Management Act 1984, that a person is the
10                             holder of a permit, licence or lease granted under
                               Part VIII of that Act, or regulations made under
                               that Act, in respect of land,
                      is, in the absence of evidence to the contrary, proof that
                      such person is the owner or occupier, as the case may
15                    be, of the land.
       (2)    All courts and all persons having by law, or by consent of
              parties, authority to hear, receive and examine evidence, must,
              for the purposes of this Act, take judicial notice of the signature
              attached to a certificate referred to in subsection (1)(b).
20     (3)    An averment in a claim, prosecution notice or other document in
              proceedings under this Act that a person is or was at a specified
              time, the owner or occupier of specified land is, in the absence
              of evidence to the contrary, taken to be proved.

     124.     Provisions are in addition to the Evidence Act 1906
25            This Division is in addition to and does not affect the operation
              of the Evidence Act 1906.

             Division 4 -- Modified penalties for certain offences
     125.     Meaning of terms used in this Division
              In this Division --
30            "alleged offender" means a person suspected of having
                   committed a prescribed offence;


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               "prescribed offence" means an offence under this Act, or
                   under any regulations or management plan made under this
                   Act, prescribed to be an offence for which an infringement
                   notice may be issued.

 5   126.      Infringement notices
        (1)    An inspector who has reason to believe that a person has
               committed a prescribed offence may, within 21 days after the
               alleged offence is believed to have been committed, give an
               infringement notice to the alleged offender.
10      (2)    An infringement notice must --
                (a) be in the prescribed form; and
                (b) contain a description of the alleged offence; and
                (c) advise that if the alleged offender does not wish to be
                       prosecuted for the alleged offence, the amount of money
15                     specified in the notice as the modified penalty for the
                       offence may be paid to the Director General within
                       28 days after the date of the notice; and
                (d) inform the alleged offender how and where the money
                       may be paid.
20      (3)    In an infringement notice the amount specified as the modified
               penalty for the alleged offence must be the amount that was the
               prescribed modified penalty for that offence at the time that the
               alleged offence is believed to have been committed.
        (4)    The Director General may, in a particular case, extend the
25             period of 28 days within which the modified penalty may be
               paid and the extension may be allowed whether or not the
               period of 28 days has elapsed.

     127.      Withdrawal of infringement notice
        (1)    The Director General may withdraw an infringement notice.




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       (2)   To withdraw an infringement notice the Director General must
             give the alleged offender a notice in the prescribed form stating
             that the infringement notice has been withdrawn.
       (3)   An infringement notice may be withdrawn whether or not the
 5           modified penalty specified in the notice has been paid.
       (4)   If an infringement notice is withdrawn after the modified
             penalty has been paid, the amount paid must be refunded.

     128.    Effect of payment of modified penalty
       (1)   If the modified penalty specified in an infringement notice is
10           paid within 28 days or any further time allowed, and the notice
             has not been withdrawn, the bringing of proceedings and the
             imposition of penalties are prevented to the same extent as they
             would be if the alleged offender had been convicted by a court
             of, and punished for, the alleged offence.
15     (2)   The payment of an amount as a modified penalty is not to be
             regarded as an admission for the purposes of any proceedings,
             whether civil or criminal.




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                      Part 6 -- Financial provisions
                      Division 1 -- Declared Pest Account
                             Subdivision 1 -- General

     129.      Meaning of terms used in this Division
 5             In this Division --
               "Commissioner" has the meaning given to that term by the
                   Taxation Administration Act 2003;
               "operating account" means an agency special purpose account
                   established and maintained under the Financial
10                 Management Act 2006 section 16;
               "owner" has the meaning given to that term in the Land Tax
                   Assessment Act 2002, and includes a person taken to be an
                   owner of land under section 8 of that Act;
               "rate" means a rate determined in relation to land under
15                 section 130(1);
               "rate determination" means a determination under
                   section 130(1);
               "rates amount" means an amount payable by way of rates
                   under this Division.

20                   Subdivision 2 -- Rates imposed on land

     130.      Determination of rate
        (1)    The Minister may, by notice published in the Gazette, determine
               a rate that is chargeable for a financial year on land in a
               prescribed area.
25      (2)    The rate is for the purposes of the Declared Pest Account.
        (3)    A rate determination must specify the land or the class of land
               on which the rate is chargeable.



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       (4)   Different rates may be determined in respect of different land
             and different classes of land.
       (5)   The Minister may, in the exercise of the power under
             subsection (1), exempt land from the application of the rate.
 5     (6)   To the extent (if any) that a rate is not a tax imposed by the
             Biosecurity and Agriculture Management Rates and Charges
             Act 2006, this Act imposes the rate.
       (7)   The Interpretation Act 1984 section 42 applies to a rate
             determination as if the determination were a regulation.

10   131.    Procedure for making rate determination
             Before determining a rate chargeable on land, the Minister must
             consult in accordance with the regulations with the owners of
             the land, and other prescribed persons (if any).

     132.    Minimum and maximum rates
15     (1)   The Minister may determine a flat rate, or an ad valorem rate,
             chargeable on land.
       (2)   A flat rate must not exceed the prescribed amount.
       (3)   The rates amount payable in relation to a financial year when
             calculated by applying the ad valorem rate to the amount equal
20           to the unimproved value of the land must not exceed --
               (a) in the case of land held under a pastoral lease, an
                     amount equal to 10% of the unimproved value of the
                     land according to the valuation in force under the
                     Valuation of Land Act 1978 at midnight on 30 June in
25                   the previous financial year; and
               (b) in any other case, an amount equal to 2% of the
                     unimproved value of the land according to the valuation
                     in force under the Valuation of Land Act 1978 at
                     midnight on 30 June in the previous financial year.




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        (4)    The Minister may determine the minimum rates amount payable
               and the maximum rates amount payable, irrespective of the
               amount payable when calculated by applying the ad valorem
               rate.
 5   133.      Rates amounts
        (1)    If a flat rate is determined in respect of land, the rates amount
               payable is the amount determined as the rate.
        (2)    If an ad valorem rate is determined in respect of land, the rates
               amount payable in relation to a financial year is, subject to
10             section 132(4), the amount calculated by applying the rate to the
               amount equal to the unimproved value of the land according to
               the valuation in force under the Valuation of Land Act 1978 at
               midnight on 30 June in the previous financial year.
        (3)    Rates amounts are payable to the Commissioner.
15   134.      Multiple rating
        (1)    In this section --
               "Government agreement" has the meaning given to that term
                    by the Government Agreements Act 1979.
        (2)    If --
20               (a)   under the Mining Act 1978 or a Government agreement
                       a person holds in respect of land a mining tenement
                       within the meaning given to that term by that Act or
                       agreement; or
                (b)    in accordance with the Mining Act 1978 a person holds,
25                     occupies, uses or enjoys in respect of land a mining
                       tenement within the meaning given to that term by the
                       Mining Act 1904; or
                 (c)   under the Petroleum Act 1967 a person holds in respect
                       of land a petroleum production licence or exploration
30                     permit,
               the land the subject of that tenement, licence or permit may be
               the subject of a rate determination notwithstanding that the land

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             may be the subject of a rate determination in the hands of the
             holder of another estate in that land.

     135.    Application of Taxation Administration Act 2003 and Land
             Tax Assessment Act 2002
 5     (1)   In this section --
             "assessment notice" has the meaning given to that term by the
                 Taxation Administration Act 2003.
       (2)   The Commissioner does not have to issue an assessment notice
             under the Taxation Administration Act 2003 section 23 if no tax
10           is payable under an exemption under section 130(5).
       (3)   The Taxation Administration Act 2003 Part 6 and section 116(1)
             apply as if the references in that Part and that section to land tax
             were references to a rates amount.
       (4)   The Land Tax Assessment Act 2002 sections 6, 7, 8, 9, 12, 13
15           and 43 apply as if the references in those sections to --
               (a) "land tax" were references to a rates amount; and
               (b) "assessment year" were, in relation to a rates amount, a
                    reference to the financial year for which the rates
                    amount is, or is to be assessed; and
20             (c) "taxable land" were references to land in respect of
                    which a rate is determined; and
               (d) "land tax Act" were a reference to --
                       (i) this Division; or
                      (ii) the Biosecurity and Agriculture Management
25                          Rates and Charges Act 2005; or
                     (iii) the Taxation Administration Act 2003, to the
                            extent that it relates to rateable amounts;
                    and
               (e) "this Act" were references to this Division.




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     136.      Postponement of rates payable by pensioners
        (1)    In this section --
               "pensioner" means a person who holds a pensioner concession
                    card;
 5             "pensioner concession card" means a currently valid card,
                    known by that name, issued on behalf of the
                    Commonwealth to the holder or, where a card of another
                    kind is prescribed for the purposes of this definition, that
                    other card.
10      (2)    Subject to subsection (5), a person who is a pensioner may
               claim to be exempt from liability for the payment of a rates
               amount in respect of land of which the person is in actual
               occupation as owner.
        (3)    On receipt of the claim the Commissioner must postpone the
15             payment of the rates amount to which the claim relates until the
               person ceases to own the land or dies, whichever first occurs, or
               until the person ceases to be entitled to be exempt from liability
               for payment of rates amounts under this Division.
        (4)    Where the payment of a rates amount is postponed under
20             subsection (3), nothing in the Limitation Act 2005 prevents the
               Commissioner from recovering any rates amount which but for
               this subsection the Commissioner would have been prevented
               from so doing by that Act.
        (5)    A person is not entitled to be exempt under this section from
25             liability for payment of a rates amount in respect of any land
               if --
                  (a) the land is occupied by that person and a person who is
                         neither a pensioner nor a dependant of the
                         first-mentioned person; or
30                (b) the land is partly owned by that person and partly owned
                         by a person who is neither a pensioner nor a dependant
                         of the first-mentioned person.



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            Subdivision 3 -- Establishment and operation of Declared
                                 Pest Account

     137.     Declared Pest Account
       (1)    An account called the Declared Pest Account must be
 5            established --
                (a)   as an operating account; or
                (b)   as part of an operating account nominated by the
                      Director General.
       (2)    The following money must be credited to the Declared Pest
10            Account --
               (a) rates collected under Subdivision 2;
               (b) unpaid rates recovered by the Commissioner under the
                      Taxation Administration Act 2003 section 60;
               (c) amounts appropriated under section 139 in connection
15                    with a rate determination made for the purposes of the
                      Account;
               (d) the proceeds of the sale of any capital asset purchased
                      using money from the Account;
               (e) any other amounts lawfully received by the Director
20                    General for the purposes of the Account.

     138.     Use of funds in Declared Pest Account
              Money may be debited to the Declared Pest Account for the
              following purposes --
                (a) to carry out measures to control declared pests on and in
25                    relation to prescribed land in prescribed situations (if
                      any);
                (b) to promote public awareness of the measures being
                      taken or required to be taken to control declared pests;
                (c) to purchase capital assets required in connection with
30                    the purposes mentioned in paragraphs (a) and (b);


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                (d)    the payment of the costs of assessing and collecting
                       rates under Subdivision 2 as determined by the
                       Commissioner;
                (e)    the credit of amounts under section 139(3).

 5   139.      Appropriations against the Consolidated Account
        (1)    For each financial year for which a rate is determined for the
               purposes of the Declared Pest Account, an amount equal to the
               rates amounts collected by the Commissioner under the rate
               determination is charged to the Consolidated Account, which
10             this subsection appropriates accordingly.
        (2)    Despite any other law, for the purposes of this section the
               amount of rates treated as having been collected by the
               Commissioner in a financial year is to be the amount of the rates
               which becomes payable in that financial year.
15      (3)    If the Commissioner refunds under the Taxation Administration
               Act 2003 section 54 an amount collected by the Commissioner
               under this Division, an equivalent amount must be credited to
               the Consolidated Account from the Declared Pest Account.

                      Division 2 -- Industry funding schemes
20   140.      Terms used in this Division
               In this Division --
               "management committee" means a management committee
                    established by regulations made under section 141(1)(b);
               "prescribed account" means an account established by
25                  regulations made under section 141(1)(a).

     141.      Establishment of accounts, management committees and
               schemes
        (1)    The Governor may make regulations establishing --
                (a) an account for a prescribed sector of agricultural
30                   activity; and

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              (b)    a management committee for the account consisting of
                     either or both of the following --
                        (i) producers from that sector of agricultural
                             activity;
 5                     (ii) persons who have a financial interest in that
                             sector of agricultural activity;
                     and
               (c)   a scheme requiring or facilitating the payment of
                     contributions to the account.
10     (2)   The regulations may relate to an agricultural activity in the
             whole of the State or in part of the State.
       (3)   Before the regulations are made, the Minister must consult
             with --
              (a) each organisation (if any) that is prescribed for the
15                  purposes of this section; and
              (b) any other association, union or body that in the opinion
                    of the Minister is representative of the interests of
                    producers from the sector of agricultural activity for
                    which the account is to be established; and
20            (c) such producers from the sector of agricultural activity
                    for which the account is to be established as the Minister
                    thinks fit.

     142.    Constitution and administration of prescribed accounts
       (1)   A prescribed account consists of --
25            (a) contributions paid or collected in accordance with the
                    regulations for the purposes of the prescribed account;
                    and
              (b) the proceeds of the sale of any capital assets purchased
                    using money from the prescribed account; and
30            (c) income of the prescribed account from investment; and



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     s. 143



                 (d)   any other money lawfully paid into the prescribed
                       account.
        (2)     A prescribed account must be --
                 (a) identified as an account for the purpose for which it is
 5                     established; and
                 (b) established --
                          (i) as an operating account; or
                         (ii) as part of an operating account nominated by the
                               Director General.

10   143.       Management committee
        (1)     A management committee must --
                 (a) advise the Director General on the administration of the
                      prescribed account; and
                 (b) exercise such other functions (if any) as are conferred on
15                    the management committee under the regulations.
        (2)     The regulations establishing a management committee may
                make provision as to the constitution and procedures of the
                management committee.
        (3)     Except as provided under this Act, a management committee
20              may determine its own procedures.

     144.       Contributions to account -- prescribed scheme
        (1)     A scheme established by regulations made under
                section 141(1)(c) may provide for --
                  (a) producers from the sector of agricultural activity for
25                      which the account was established to make contributions
                        to the account in the manner and on the basis prescribed;
                        and
                  (b) the manner of collection of contributions to the account.
        (2)     The scheme may provide for the circumstances in which
30              contributions to the account will be refunded.

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                                      Industry funding schemes   Division 2
                                                                      s. 145



       (3)   The scheme may allow for the costs of collecting contributions
             to be deducted from or paid out of those contributions.
       (4)   If the regulations provide for the expiry of the regulations on a
             fixed day, the regulations may make provisions of a savings or
 5           transitional nature that are to apply on the expiry of regulations.

     145.    Application of prescribed account
       (1)   A prescribed account may be applied for --
              (a) any of the following purposes, if that purpose is set out
                    in the regulations establishing the account --
10                     (i) the payment of compensation to any person who
                            has suffered loss, or incurred costs or expenses,
                            of a prescribed kind as a result of an animal,
                            agricultural product or other thing being infected
                            or infested with a declared pest specified by the
15                          regulations establishing the account or as a result
                            of actions or measures taken under this Act to
                            control that declared pest;
                      (ii) the costs and expenses of destroying animals,
                            agricultural products or things under this Act
20                          because they are infected or infested with a
                            declared pest prescribed by the regulations
                            establishing the account or as a result of other
                            actions or measures taken under this Act to
                            control that declared pest;
25                   (iii) the costs of programs and other measures
                            approved by the management committee for the
                            control of, or for the advancement and
                            improvement of control measures for, a declared
                            pest prescribed by the regulations establishing
30                          the account;
                     (iv) the purchase of capital assets required in
                            connection with the purposes mentioned in this
                            paragraph;
                    and

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     Part 6          Financial provisions
     Division 2      Industry funding schemes
     s. 145



                 (b)   the refund of contributions in prescribed circumstances;
                       and
                 (c)   the payment of any amount required to be paid under
                       section 146(3) and interest on that amount; and
 5               (d)   the repayment of an amount charged to the Consolidated
                       Account and used for a purpose prescribed by the
                       regulations establishing the account; and
                 (e)   the costs and expenses of administering the account.
        (2)     Compensation and costs and expenses must not be paid under
10              subsection (1)(a)(i) or (ii) except to a person who has paid
                contributions under the scheme in accordance with the
                regulations.
        (3)     The amounts of compensation and costs and expenses referred
                to in subsection (1)(a)(i) and (ii) must be determined in
15              accordance with the regulations.
        (4)     The amount of costs and expenses payable under
                subsection (1)(a)(iii) and (e) must be approved by the
                management committee.
        (5)     The amount referred to in subsection (1)(d) may be applied as
20              set out in that paragraph even though the amount was charged to
                the Consolidated Account before the regulations establishing the
                account were made.
        (6)     The regulations may exclude a person from receiving
                compensation and costs and expenses from the prescribed
25              account in any of the following circumstances --
                  (a) if the person is, according to the regulations, in default;
                  (b) if the person has been convicted of an offence of failing
                       to comply with a requirement under a written law to
                       report the presence or suspected presence of a prescribed
30                     declared pest or to control a prescribed declared pest;
                  (c) if a like benefit is payable under another prescribed
                       written law;
                  (d) in other prescribed circumstances.

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                                      Industry funding schemes   Division 2
                                                                      s. 146



     146.    Treasurer may make advances to a prescribed account in
             event of a deficiency
       (1)   Where the Treasurer is of the opinion that the money standing to
             the credit of a prescribed account is not sufficient to meet
 5           payments required in accordance with a scheme set out in the
             regulations, the Treasurer may advance to the prescribed
             account money sufficient for the time being to make up the
             deficiency.
       (2)   The Treasurer may impose conditions on a payment under
10           subsection (1), including conditions on the payment of interest,
             as the Treasurer considers appropriate.
       (3)   Money paid under subsection (1) must be repaid to the
             Treasurer and charged to the relevant prescribed account by the
             Director General when money is available to the account to
15           make repayment.
       (4)   Money paid under subsection (1), so long as it is not repaid
             under subsection (3), is a charge on the relevant prescribed
             account.

     147.    Review of regulations
20     (1)   The Minister must carry out a review of the operation and
             effectiveness of any regulations made for the purposes of
             establishing a prescribed account as soon as is practicable
             after --
               (a) the fifth anniversary of the day on which the regulations
25                   commence, or such earlier day as is prescribed in the
                     regulations; and
               (b) every fifth anniversary of that day, or such earlier day as
                     is prescribed in the regulations.
       (2)   The Minister must prepare a report based on the review and
30           must cause it to be laid before each House of Parliament as soon
             as is practicable after the report is prepared, and in any event not
             later than 12 months after the requirement for the review arose.


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     Biosecurity and Agriculture Management Bill 2006
     Part 6          Financial provisions
     Division 3      Modified Penalties Revenue Account
     s. 148



              Division 3 -- Modified Penalties Revenue Account
     148.       Modified Penalties Revenue Account
        (1)     An account called the Modified Penalties Revenue Account
                must be established --
 5               (a) as an operating account; or
                 (b) as part of an operating account of the department
                       nominated by the Director General.
        (2)     The following must be credited to the Modified Penalties
                Revenue Account --
10               (a) money received by the Director General as payment of
                        modified penalties;
                 (b) any other money received by the Director General in
                        connection with infringement notices given under
                        section 126;
15               (c) any other money lawfully payable to the account.

     149.       Use of funds in Modified Penalties Revenue Account
        (1)     Money may be debited to the Modified Penalties Revenue
                Account for any or all of the following purposes --
                 (a) the enforcement of this Act, including the operation of
20                    the infringement notice system under Part 5 Division 4;
                 (b) the training of inspectors;
                 (c) the cost of measures to control declared pests;
                 (d) the cost of programs to promote public awareness of the
                      requirements of this Act;
25               (e) purposes approved by the Minister.
        (2)     The amount that is to be debited to the Modified Penalties
                Revenue Account for the purposes referred to in
                subsection (1)(a), (b), (c) and (d) must be determined annually
                by the Director General and no other amount may be debited to
30              the account for those purposes.


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                                     Financial provisions     Part 6
                    Modified Penalties Revenue Account    Division 3
                                                              s. 149



(3)   No amount may be debited to the Modified Penalties Revenue
      Account for a purpose referred to in subsection (1)(e) except as
      determined by the Minister.




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     Biosecurity and Agriculture Management Bill 2006
     Part 7          Administration
     Division 1      The Western Australian Agriculture Authority
     s. 150



                           Part 7 -- Administration
       Division 1 -- The Western Australian Agriculture Authority
     150.       Western Australian Agriculture Authority
        (1)     The Western Australian Agriculture Authority is established.
 5      (2)     The Authority is a body corporate with perpetual succession.
        (3)     Proceedings may be taken by or against the Authority in its
                corporate name.
        (4)     The Authority is to be governed by the Minister.
        (5)     The Authority is an agent of the State and has the status,
10              immunities and privileges of the State.

     151.       Purpose of Western Australian Agriculture Authority
                The Authority is established --
                 (a) to further and promote the best interests of biosecurity
                      and agriculture management; and
15               (b) to perform such other functions as are conferred on it
                      under this or any other Act.

     152.       Powers of Authority
        (1)     In this section --
                "acquire" includes taking --
20                   (a) by way of a lease, licence, easement or bailment; or
                     (b) in any other manner in which an interest in property
                            may be acquired;
                "business concern" means a company, a partnership, a trust, a
                     joint venture, or any other business arrangement but does
25                   not include a research body;
                "dispose of " includes dispose of --
                     (a)   by way of a lease, licence, easement or bailment; or

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                                               Administration      Part 7
                  The Western Australian Agriculture Authority Division 1
                                                                   s. 152



               (b)    in any other manner in which an interest in property
                      may be disposed of;
           "participate in" includes form, promote, establish, enter into,
                manage, dissolve, wind-up, and do things incidental to
 5              participating in, a business concern;
           "property" means property of every kind, whether real or
                personal, tangible or intangible, corporeal or incorporeal,
                and any interest in property;
           "research body" means a body, whether incorporated or not,
10              which --
                (a) has its principal office within the Commonwealth;
                      and
                (b) has among its principal objects the carrying out of
                      research, investigation, inquiries or studies into
15                    biosecurity, agricultural activities or management or
                      related matters within the Commonwealth.
     (2)   The Authority has all the powers it needs to perform its
           functions.
     (3)   The Authority may --
20          (a) acquire, develop, dispose of, and otherwise deal with,
                 property; and
            (b) subject to section 153, participate in any business
                 concern or research body and acquire, hold and dispose
                 of shares, units or other interests in, or relating to, a
25               business concern or research body; and
            (c) enter into a contract or arrangement; and
            (d) develop and turn to account any technology, software,
                 resource or intellectual property and, for that purpose,
                 apply for, hold, receive, exploit and dispose of any
30               intellectual property; and
            (e) use the expertise and resources of the department to
                 provide consultancy, advisory or other services for
                 profit.

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     Part 7          Administration
     Division 1      The Western Australian Agriculture Authority
     s. 153



        (4)     In exercising any power under this section the Authority may
                act in conjunction with --
                  (a) any person or firm, or public authority; or
                  (b) any department of the Public Service, or any agency, of
 5                      the Commonwealth.

     153.       Treasurer to consider proposals under section 152(3)(b)
        (1)     Before the Authority exercises any power conferred by
                section 152(3)(b) in relation to a business concern, the
                Authority must --
10                (a) notify the Treasurer of the proposal; and
                  (b) seek the Treasurer's approval to it,
                unless it is of a kind that the Treasurer has determined in writing
                need not be so notified.
        (2)     If the Treasurer approves the proposal, the Treasurer may
15              impose requirements to be complied with by the Authority in
                connection with it.
        (3)     The Treasurer may also give directions to be complied with
                generally by the Authority in the exercise of the powers referred
                to in subsection (1).

20   154.       Intellectual property
        (1)     Any intellectual property, or right to apply for, hold, receive,
                exploit or dispose of intellectual property, that the State acquires
                on or after the day on which this section comes into operation is,
                by operation of this section, assigned to the Authority.
25      (2)     In subsection (1) --
                "intellectual property" means intellectual property --
                     (a) created in the course of the performance of functions
                           under this Act; or




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                                                 Administration      Part 7
                    The Western Australian Agriculture Authority Division 1
                                                                     s. 155



                 (b)    otherwise created in the course of the performance of
                        functions by a person in that person's capacity as a
                        person employed or engaged in the department.

     155.    Execution of documents by Authority
 5     (1)   The Authority is to have a common seal.
       (2)   A document is duly executed by the Authority if --
              (a) the common seal of the Authority is affixed to it in
                   accordance with subsections (3) and (4); or
              (b) it is signed on behalf of the Authority by the Minister; or
10            (c) it is signed on behalf of the Authority, as authorised
                   under subsection (5), by the Director General or another
                   person.
       (3)   The common seal of the Authority is not to be affixed to a
             document except as authorised by the Authority.
15     (4)   The common seal of the Authority is to be affixed to a
             document in the presence of the Minister, and the Minister is to
             sign the document to attest that the common seal was so affixed.
       (5)   The Authority may, by writing under its seal, authorise the
             Director General or another person to sign documents on behalf
20           of the Authority, either generally or subject to any conditions or
             restrictions specified in the authorisation.
       (6)   A document purporting to be executed in accordance with this
             section is to be presumed to be duly executed until the contrary
             is shown.
25     (7)   A document executed by the Director General or another person
             under this section without the common seal of the Authority is
             not to be regarded as a deed unless it is executed as a deed as
             authorised under subsection (5).
       (8)   When a document is produced bearing a seal purporting to be
30           the common seal of the Authority, it is to be presumed that the



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     Part 7          Administration
     Division 2      Compiling and publishing essential information
     s. 156



                seal is the common seal of the Authority until the contrary is
                shown.
        (9)     For the purposes of this Act, a facsimile of --
                 (a) the Authority's seal; or
 5               (b) the signature of the Minister or a person authorised
                        under subsection (5) to execute deeds or other
                        documents,
                may be used, and a deed or other document purporting to be
                endorsed with such a facsimile is, until the contrary is shown, to
10              be regarded as bearing the facsimile under this subsection.

     156.       Accountability under this Division
                Any acts or things done under section 152 or 154 are to be
                regarded as --
                  (a) services under the control of the department for the
15                     purposes of the Financial Management Act 2006
                       section 52; and
                  (b) operations of the department for the purposes of Part 5
                       of that Act.

       Division 2 -- Compiling and publishing essential information
20   157.       Publication of certain declarations
        (1)     In this section --
                "declaration" means a declaration made under section 11, 12
                     or 22(2).
        (2)     A declaration is not subsidiary legislation for the purposes of
25              the Interpretation Act 1984.
        (3)     The Interpretation Act 1984 sections 43 (other than
                subsection (6)) and 44 and Part VIII apply to a declaration as if
                it were subsidiary legislation.



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                                                 Administration      Part 7
                  Compiling and publishing essential information Division 2
                                                                     s. 158



       (4)   Publication of a declaration must be effected --
              (a) by publishing the declaration in the Gazette; or
              (b) by publishing in the Gazette a notice stating that the
                     declaration has been made and that particulars of the
 5                   declaration may be obtained from the head office of the
                     department and the department's electronic site.

     158.    Records of status of various organisms
             The Director General must establish and maintain the
             following --
10             (a) a list of all organisms for which a declaration under
                     section 11 is in force (permitted organisms);
               (b) a list of all organisms for which a declaration under
                     section 12 is in force (prohibited organisms);
               (c) a list of all organisms for which a declaration under
15                   section 22(2) is in force (declared pests), including the
                     areas for which the organisms are declared pests and
                     lists of the categories, if any, to which the organisms are
                     assigned.

     159.    The department's electronic site
20           The Director General must establish and maintain an electronic
             site for the purposes of this Act.

     160.    Information available on department's electronic site
       (1)   Particulars of the following must be published on, or accessible
             through, the department's electronic site --
25             (a) the lists referred to in section 158;
               (b) information about how to apply for an import permit;
               (c) any code or subsidiary legislation adopted by
                     regulations under section 190 and any amendments
                     made to it from time to time that have been adopted;



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     Part 7          Administration
     Division 3      Inspectors
     s. 161



                 (d)    each code of practice issued or approved under
                        section 191;
                  (e)   information prescribed for the purposes of this section
                        (if any).
 5      (2)     The Director General may publish other information on the
                department's electronic site.

     161.       Availability of published information
                The Director General must ensure that all information that is
                required under this Act to be published on the department's
10              electronic site is available at all reasonable times for perusal, at
                no cost to a member of the public --
                  (a) on the department's electronic site; and
                  (b) at the head office of the department.

                               Division 3 -- Inspectors
15   162.       Appointment of inspectors
        (1)     In this section --
                "criminal record check", in relation to a person, means a
                     document issued by the Police Force of Western Australia,
                     the Australian Federal Police or the police force of another
20                   State or a Territory that sets out the criminal convictions (if
                     any) of the person for offences under the law of the State,
                     the Commonwealth or the other State or Territory.
        (2)     The Director General may, by instrument in writing, appoint a
                person as an inspector.
25      (3)     An appointment must not be made for a period longer than
                5 years, but a person may be reappointed as an inspector for a
                further term.
        (4)     The appointment of an inspector may specify that the
                appointment is subject to conditions or restrictions relating to --
30                (a) the functions that may be performed by the inspector; or

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                                                Administration        Part 7
                                                    Inspectors   Division 3
                                                                      s. 163



              (b)   when, where and in what circumstances the inspector
                    may perform the functions of an inspector.
       (5)   The Director General may obtain a criminal record check for a
             person --
 5             (a) before deciding whether or not to appoint or reappoint
                    the person as an inspector; and
               (b) at any time while the person's appointment as an
                    inspector is in force.

     163.    Director General has functions of inspector
10           The Director General --
              (a) has and may perform all of the functions of an inspector;
                    and
              (b) when performing those functions, has all the immunities
                    of an inspector.

15   164.    Identification cards
       (1)   The Director General must issue an identification card
             containing the prescribed details to each inspector appointed
             under section 162.
       (2)   An inspector must --
20            (a) carry his or her identification card while performing
                    functions under this Act; and
              (b) if it is practicable to do so, produce it before exercising a
                    power of an inspector under this Act.
       (3)   If the holder of an identification card issued under
25           subsection (1) stops being an inspector, the person must return
             the card to the Director General as soon as is practicable.
       (4)   A person who contravenes subsection (3) without reasonable
             excuse, the onus of proving which is on the person, commits an
             offence.
30           Penalty: a fine of $400.

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     Biosecurity and Agriculture Management Bill 2006
     Part 7          Administration
     Division 4      Quarantine facilities, inspection points and other places
     s. 165



            Division 4 -- Quarantine facilities, inspection points and
                                other places
     165.       Arrangements for provision of quarantine facilities
                The Director General may make arrangements with any public
 5              authority or other person for the provision of a secure place that
                can be used as a quarantine facility.

     166.       Inspection points
                The Director General may, by notice in the Gazette, designate a
                place named or described in the notice as an inspection point for
10              the purposes of this Act.

     167.       Use of other places
                The Director General may make arrangements with any public
                authority or other person to use the person's place for the
                purposes of this Act.

15               Division 5 -- Advisory groups and recognised
                              biosecurity groups
     168.       Advisory groups
        (1)     The Minister, by instrument signed by the Minister, may
                appoint persons to constitute an advisory group.
20      (2)     A person is eligible for appointment if the person has a general
                or specific interest, or expertise, in a matter regulated under
                this Act.
        (3)     An advisory group has such advisory functions as are specified
                in the instrument made under subsection (1).
25      (4)     The Minister may, by instrument signed by the Minister, amend
                or cancel an instrument made under subsection (1).




     page 114
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                                                 Administration      Part 7
              Advisory groups and recognised biosecurity groups Division 5
                                                                     s. 169



     169.    Recognised biosecurity groups
       (1)   The Minister, by instrument signed by the Minister, may with
             the consent of an existing body of persons, recognise the body
             as a biosecurity group for the purposes of this section.
 5     (2)   A body is eligible for recognition if the body is established for a
             purpose which includes controlling declared pests in a specified
             area.
       (3)   The Minister may, by instrument signed by the Minister, amend
             or cancel an instrument made under subsection (1).

10   170.    Funds available to recognised biosecurity groups
       (1)   The Minister may, with the consent of a body recognised under
             section 169, authorise the Director General to transfer money to
             the body from the Declared Pest Account for a purpose referred
             to in section 138(a).
15     (2)   The purpose for which money is transferred under
             subsection (1) must relate to the area for which the rates
             included in the money were collected under Part 6 Division 1
             Subdivision 2.
       (3)   The Director General must give the body written notice of the
20           transfer specifying --
               (a) the purposes for which the money is to be used; and
               (b) directions to the body as to --
                        (i) the use of the money for those purposes; and
                       (ii) reporting to the Director General on the use of
25                           the money;
                     and
               (c) the period within which those purposes are to be
                     accomplished.
       (4)   The Director General may, by notice in writing, vary the
30           purposes or directions specified in a notice of transfer given


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     Part 7          Administration
     Division 6      Service of documents
     s. 171



                under subsection (3) and may extend the period within which
                the purposes are to be accomplished.
        (5)     The body must use the money for the purposes specified in the
                notice under subsection (3) --
 5                (a) within the specified period, or within any further time
                        allowed by the Director General; and
                  (b) in accordance with the specified directions.
        (6)     If a body does not use any or all of the money in accordance
                with subsection (5) --
10                (a) the body must pay an amount equal to the amount that
                        was not spent in accordance with that subsection to the
                        Director General within such time as is specified by the
                        Director General; and
                  (b) the Director General must credit the amount to the
15                      Declared Pest Account.
        (7)     If a body does not comply with subsection (6), an amount equal
                to the amount that was not spent in accordance with
                subsection (5) is recoverable from the body in a court of
                competent jurisdiction as a debt due to the State.

20   171.       Publication of report by recognised biosecurity group
                Any report made to the Director General pursuant to directions
                under section 170 must be published on the department's
                electronic site.

                        Division 6 -- Service of documents
25   172.       Service on the Director General
                A document may be given to the Director General --
                 (a) by lodging the document at the Director General's
                      office; or
                 (b) by prepaid post; or


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                                                Administration       Part 7
                                         Service of documents   Division 6
                                                                     s. 173



              (c)   if the regulations authorise service of the document
                    under this paragraph -- by faxing a copy of the
                    document to a fax number stated in the regulations; or
              (d)   if the regulations authorise service of the document
 5                  under this paragraph -- by sending computer data from
                    which the document can be reproduced, in a prescribed
                    format, to a prescribed address for the receipt of
                    electronic mail.

     173.    Method of service
10     (1)   A document required or authorised to be given under this Act
             may be given to a person by --
              (a) giving it to the person personally; or
              (b) leaving it at the person's place of residence or business;
                    or
15            (c) sending it by prepaid post (including document
                    exchange) addressed to the person --
                       (i) in accordance with the Interpretation Act 1984
                            section 75; or
                      (ii) at an address appearing on recent correspondence
20                          addressed by or on behalf of the person to the
                            Director General or otherwise notified to the
                            Director General or published by the person; or
                     (iii) at an address shown in the rate book kept by a
                            local government under the Local Government
25                          Act 1995 as the address for the service of rate
                            notices under that Act on that person;
                    or
              (d) faxing it or emailing it to a fax number or email address
                    provided by the person or appearing on recent
30                  correspondence addressed by or on behalf of the person
                    to the Director General or otherwise notified to the
                    Director General or published by the person; or



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     Division 6      Service of documents
     s. 174



                  (e)   communicating it in some other way agreed with the
                        person.
        (2)     Where an address for service cannot be discovered under
                subsection (1), the document may be given by advertising the
 5              document at least twice in a newspaper circulating throughout
                the State, an interval of at least a week being allowed to elapse
                between the advertisements.
        (3)     Service under subsection (2) is to be regarded as effective
                whether the notice comes or does not come to the hands or
10              knowledge of the person for whom it was intended.

     174.       Alternate methods of service of documents relating to land
        (1)     If a person to whom it is desired to give a document relating to
                land is not within the State and has not notified the Director
                General of an agent authorised to accept documents on behalf of
15              the person, then the document may be given to the owner by --
                  (a) affixing or displaying it on or over a conspicuous part of
                         the land, and leaving it so affixed or displayed for at
                         least 14 days; and
                  (b) posting it to the person appearing to be the owner on
20                       search made in the Department within the meaning of
                         the Transfer of Land Act 1893, the Land Administration
                         Act 1997 or the Mining Act 1978, or the Register of
                         Deeds, as the case may be, addressed to the person at the
                         person's place of residence or business, as disclosed by
25                       the search.
        (2)     An agent of an owner who is absent from the State is to be taken
                to represent the agent's principal for the purposes of this Act, so
                far as regards land which --
                  (a) the agent is authorised to manage or hold possession; or
30                (b) the rents and profits of which the agent is authorised to
                         collect on behalf of the owner.



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       (3)   Service on a person who is taken to represent an owner under
             subsection (2) of --
               (a) a document required or authorised to be given to the
                     owner under this Act; or
 5             (b) a summons or legal process for the recovery of money
                     payable by the owner in respect of land under this Act,
             is to be regarded as effective service on the owner.

     175.    Service of notice by publication
       (1)   Without limiting sections 173 and 174, a pest exclusion notice
10           or a pest control notice may be given by publishing a copy of
             the notice in the Gazette and in a newspaper circulating
             generally in the area where the land, premises or thing to which
             the notice relates is situated.
       (2)   A notice given under subsection (1) must be published not less
15           than one month before the date specified in the notice as the
             date on or before which the person to whom the notice is given
             must commence to comply with the notice.
       (3)   A notice given under subsection (1) --
              (a) may be directed to any number of owners or occupiers
20                  of land or other persons; and
              (b) is to be taken to be given to the owner and occupier of
                    any land specified in the notice, and to the owner and
                    occupier, and any person in control or management, of
                    any premises or any other thing specified in the notice.

25   176.    Service where more than one owner or occupier
       (1)   If land is owned or occupied by 2 or more owners or occupiers,
             the owners or occupiers may, by writing to the Director
             General, nominate the address of one of them, or the address of
             their agent, as their address for service for the purposes of
30           this Act.



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        (2)     If land is owned or occupied by 2 or more owners or
                occupiers --
                  (a) if the owners or occupiers have nominated an address
                         for service under subsection (1), service by the Director
 5                       General of a document on them may be effected by
                         serving it at that address; and
                  (b) if no nomination is made under subsection (1), service
                         by the Director General of a document on the owners or
                         the occupiers may be effected by serving it on one
10                       owner or one occupier; and
                  (c) when service is effected in accordance with
                         paragraph (a) or (b), the document is to be taken to have
                         been given to each owner or each occupier, as the case
                         requires.
15      (3)     If an occupier of land, who is not the owner of the land, is given
                a document under this Act, the occupier must inform the owner
                of the fact as soon as practicable after being given the
                document.
                Penalty: a fine of $2 000.
20      (4)     Non-service on the owner does not affect the validity of service
                on the occupier, nor does non-service on the occupier affect the
                validity of service on the owner.

     177.       Time of service
        (1)     Except where a document is sent by post to an address outside
25              of Western Australia, given personally or the contrary is proved,
                a document is taken to be given on the business day following
                the day on which the document was sent by post, faxed or
                emailed to, or left for, the person to whom it was addressed.
        (2)     A document sent by post to an address within Australia but
30              outside Western Australia is taken to be given on the 5th
                business day after the day on which the document was sent to
                the person to whom it is addressed.


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       (3)   A document sent by post to an address outside Australia is taken
             to be given on the 10th business day after the day on which the
             document was sent to the person to whom it is addressed.

     178.    Description of person or land
 5     (1)   A document required by this Act to be given to the owner or
             occupier of any land may, if the name of the owner or occupier
             is not known, be addressed to the owner or occupier by the
             description of the "owner" or "occupier" of the land, describing
             it, in respect of which the notice is given, without further name
10           or description.
       (2)   In a document a description of the land affected by it is
             sufficient if the description allows of no reasonable doubt as to
             the land affected, despite the description not particularly
             defining the land.

15   179.    Documents binding on subsequent owners and occupiers
             A document required or authorised under this Act to be given to
             an owner or occupier is, if the document has been given to an
             owner or occupier, binding on every subsequent owner or
             occupier to the same extent as if the document had been served
20           on each subsequent owner or occupier.

     180.    Non-exclusivity of this Division
             The provisions of this Division are in addition to, and do not
             derogate from, other provisions of an enactment for facilitating
             the giving of documents.

25                           Division 7 -- General
     181.    Delegation by Minister
       (1)   The Minister may delegate to the Director General or some
             other officer of the department any power or duty of the
             Minister under another provision of this Act.
30     (2)   The delegation must be in writing signed by the Minister.

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        (3)     Without limiting the things that may be delegated under
                subsection (1), they include things that are to be done in the
                course of governing the affairs of the Authority under
                section 150(4).
 5      (4)     If a power or duty is delegated to the Director General, the
                delegation may expressly authorise the Director General to
                further delegate the power or duty.
        (5)     A person exercising or performing a power or duty that has been
                delegated to the person under, or as authorised under, this
10              section, is to be taken to do so in accordance with the terms of
                the delegation unless the contrary is shown.
        (6)     Nothing in this section limits the ability of the Minister to
                perform a function through an officer or agent.

     182.       Delegation by Director General
15      (1)     The Director General may delegate to a person any power or
                duty of the Director General under another provision of this Act.
        (2)     The delegation must be in writing signed by the Director
                General.
        (3)     If a power or duty is delegated to a chief executive officer, the
20              delegation may expressly authorise the chief executive officer to
                further delegate the power or duty.
        (4)     A person exercising or performing a power or duty that has been
                delegated to the person under, or as authorised under, this
                section, is to be taken to do so in accordance with the terms of
25              the delegation unless the contrary is shown.
        (5)     Nothing in this section limits the ability of the Director General
                to perform a function through an officer or agent.




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                                                      General    Division 7
                                                                      s. 183



     183.    Arrangements with corresponding authorities
       (1)   In this section --
             "corresponding administrator" means a person who is
                  responsible for the day to day administration of a
 5                corresponding law;
             "corresponding law", in relation to a written law of the State,
                  means a law of the Commonwealth, another State or a
                  Territory that corresponds to the written law of the State;
             "corresponding Minister" means a Minister of the Crown of
10                the Commonwealth, another State or a Territory to whom
                  the administration of a corresponding law of the
                  Commonwealth, State or Territory is for the time being
                  committed.
       (2)   The Minister or the Director General may make arrangements
15           with a corresponding Minister or corresponding administrator
             respectively about any or all of the following --
               (a) recognising import and export certificates issued under
                     the regulations or under a corresponding law;
               (b) recognising quality assurance schemes approved or
20                   established under this Act or a corresponding law;
               (c)   the use for the purposes of this Act of inspection
                     facilities provided in another State or a Territory;
              (d)    the use for the purposes of a corresponding law of
                     inspection facilities provided in the State;
25             (e)   the inspection or treatment of a consignment of goods or
                     potential carrier before it is imported;
               (f)   payment to a corresponding administrator for costs
                     incurred by the administrator for the purposes of
                     this Act.
30     (3)   The Director General may recover from an importer or
             intending importer, as a debt due, any costs incurred in relation
             to the inspection of imported goods, or goods intended to be


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                imported, whether the costs are incurred directly or by way of
                payment under subsection (2)(f).

     184.       Information sharing
        (1)     In this section --
 5              "authorised officer" means an officer designated under
                     subsection (2);
                "guidelines" means guidelines issued under subsection (7);
                "information sharing agency" means any of the following --
                     (a) the department principally assisting in the
10                          administration of this Act;
                    (b)    the department principally assisting in the
                           administration of the Health Act 1911;
                     (c) the department principally assisting in the
                           administration of the Animal Welfare Act 2002;
15                   (d) the department principally assisting in the
                           administration of the Environmental Protection
                           Act 1986;
                     (e) the department principally assisting in the
                           administration of the Fish Resources Management
20                         Act 1994;
                      (f) the department principally assisting in the
                           administration of the Wildlife Conservation Act 1950;
                     (g) the department principally assisting in the
                           administration of the Conservation and Land
25                         Management Act 1984;
                     (h) the Police Force;
                      (i) a public authority prescribed for the purposes of this
                           definition;
                "officer", in relation to an information sharing agency,
30                   means --
                     (a) an officer or employee in or of the agency; or


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                                                                    s. 184



                (b)  if the agency is the Police Force -- a member of the
                     Police Force;
           "relevant information" means information relevant to the
                administration or enforcement of this Act.
 5   (2)   The Director General may designate an officer of the
           department as an authorised officer for the purposes of this
           section.
     (3)   An officer of the department may, in accordance with the
           guidelines, disclose relevant information to --
10           (a) another officer of the department; or
            (b) an officer of another information sharing agency.
     (4)   An authorised officer may, in accordance with the guidelines,
           request a public authority which or who holds relevant
           information to disclose the information to the authorised officer.
15   (5)   Information may be disclosed under subsection (3), or in
           compliance with a request under subsection (4), despite any law
           of the State relating to secrecy or confidentiality.
     (6)   If information is disclosed, in good faith, under subsection (3),
           or in compliance with a request under subsection (4) --
20           (a) no civil or criminal liability is incurred in respect of the
                   disclosure; and
             (b) the disclosure is not to be regarded as a breach of any
                   duty of confidentiality or secrecy imposed by law; and
             (c) the disclosure is not to be regarded as a breach of
25                 professional ethics or standards or as unprofessional
                   conduct.
     (7)   The Director General must issue guidelines as to the disclosure
           of information under subsection (3) and the requesting of
           information under subsection (4).




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        (8)     The regulations may include provisions about --
                 (a) receiving and storing information disclosed for the
                       purposes of this Act; and
                 (b) restricting access to such information.

 5   185.       Results and other matters may be published
        (1)     If the Director General thinks it desirable to do so in the public
                interest, the Director General may publish in any manner the
                following --
                  (a) the results of the analysis of any organism, agricultural
10                       product, animal feed, fertiliser or other substance or
                         thing under this Act;
                  (b) a matter prescribed for the purposes of this section.
        (2)     A publication under subsection (1) may include any or all of the
                following --
15                (a) the name and address or place of business of any person
                        to whom the published matter relates;
                  (b) other particulars and explanation or comment relating to
                        the published matter;
                  (c) other prescribed particulars.
20      (3)     No liability is incurred by a person --
                 (a) for a publication under this section; or
                 (b) for republishing the publication or publishing a fair
                        report or summary of the publication.

     186.       Compliance statements
25      (1)     The Director General must prepare --
                 (a) a statement for the period 1 January to 30 June in each
                       year; and
                 (b) a statement for the period 1 July to 30 December in each
                       year,



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                                                                    s. 186



           on the performance of public authorities that have failed to
           comply with a pest exclusion notice, section 30(2) or (3) or a
           pest control notice during that period.
     (2)   Before preparing a statement the Director General must consult
 5         with each public authority whose performance is to be referred
           to in the statement.
     (3)   Each statement is to be included in the department's next annual
           report after the period for which it is prepared.
     (4)   Each statement is to be given to the Minister not later than
10         3 months after the end of the period for which it is prepared.
     (5)   The Minister must cause a copy of the statement to be laid
           before each House of Parliament, or dealt with under
           subsection (6), within 14 days after the report is received by the
           Minister.
15   (6)   If --
             (a)   at the commencement of the period referred to in
                   subsection (5) a House of Parliament is not sitting; and
            (b)    the Minister is of the opinion that that House will not sit
                   during that period,
20         the Minister must transmit a copy of the statement to the Clerk
           of that House.
     (7)   A copy of a statement transmitted to the Clerk of a House is to
           be regarded as having been laid before that House.
     (8)   The laying of a copy of a direction that is regarded as having
25         occurred under subsection (7) is to be recorded in the Minutes,
           or Votes and Proceedings, of the House on the first sitting day
           of the House after the Clerk received the copy.




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     187.       Immunity from tortious liability
        (1)     In this section --
                "official" means --
                     (a) the Minister; or
 5                   (b) the Authority; or
                     (c) the Director General; or
                     (d) an inspector; or
                     (e) a person employed in the department.
        (2)     In this section, a reference to the doing of anything includes a
10              reference to an omission to do anything.
        (3)     An action in tort does not lie against an official for anything that
                the official has done, in good faith, in the performance or
                purported performance of a function under this Act.
        (4)     The protection given by subsection (3) applies even though the
15              thing done as described in that subsection may have been
                capable of being done whether or not this Act had been enacted.




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                    Regulations, codes of practice and local laws     Part 8

                                                                          s. 188



     Part 8 -- Regulations, codes of practice and local laws
     188.    Regulations -- general power
       (1)   The Governor may make regulations prescribing all matters that
             are required or permitted to be prescribed under this Act, or that
 5           are necessary or convenient to be prescribed for giving effect to
             the purposes of this Act.
       (2)   Without limiting subsection (1), regulations may provide for,
             authorise, prescribe, require, prohibit, restrict or otherwise
             regulate all or any of the matters set out in Schedule 1.
10     (3)   Regulations made under subsection (1) may authorise any
             matter or thing to be from time to time determined, approved,
             applied or regulated by the Minister or the Director General.

     189.    Regulations prescribing high impact organisms
             The regulations may prescribe a prohibited organism as a high
15           impact organism only if the Governor is advised by the Minister
             that --
               (a) the organism has the potential to cause severe damage to
                    human beings, animals, agricultural products, other
                    aspects of the environment or economic activities; and
20             (b) the organism --
                       (i)   is not, to the knowledge of the Minister, present
                             in the State; or
                      (ii)   has been eradicated from the State or is under
                             effective control.

25   190.    Regulations and management plans may adopt codes or
             legislation and other references
       (1)   In this section --
             "code" means a code, code of practice, standard, rule,
                  specification, administrative procedure, quality assurance
30                scheme or other document, published in or outside


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     s. 191



                    Australia by any public authority or other person, including
                    the Minister or the Director General, that does not by itself
                    have legislative effect in this State;
                "subsidiary legislation" includes rules, regulations,
 5                  instructions, local laws and by-laws.
        (2)     Regulations and management plans may adopt, either wholly or
                in part or with modifications and either specifically or by
                reference --
                  (a) any code; or
10                (b) any subsidiary legislation made, determined or issued
                         under any other Act or under any Act of the
                         Commonwealth, another State or a Territory.
        (3)     If the regulations or management plans adopt a code or
                subsidiary legislation, it is adopted as existing or in force from
15              time to time unless the regulations prescribe that a particular
                text is adopted.

     191.       Codes of practice
        (1)     The Minister may issue a code of practice for any or all of the
                following purposes --
20                (a) controlling declared pests;
                  (b) keeping declared pests;
                  (c) carrying out agricultural activities or other related
                        activities so as to minimise the risk of an occurrence or
                        the spread of a declared pest;
25                (d) the use and management of chemical products;
                  (e) the import of permitted organisms and prescribed
                        potential carriers;
                   (f) the supply and use of animal feed and fertilisers.
        (2)     The Minister may approve a code of practice issued under
30              another written law, or issued by an industry body or other



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                                                                           s. 192



             person, if the code is appropriate for a purpose mentioned in
             subsection (1).
       (3)   A code of practice may be approved as existing or in force from
             time to time or as existing or in force at a particular time.
 5     (4)   A code of practice approved under this section may consist of
             any code, standard, rule, specification or provision relating to a
             purpose mentioned in subsection (1).
       (5)   A code of practice issued under this section may incorporate by
             reference any other code or subsidiary legislation, as those
10           terms are defined in section 190, as existing or in force from
             time to time or as existing or in force at a particular time.
       (6)   The Minister may --
              (a) amend a code of practice issued under this section; and
              (b) approve a revision of the whole or any part of a code of
15                 practice approved under this section.
       (7)   The Minister may cancel a code of practice issued under this
             section or cancel the approval of a code of practice.
       (8)   The Director General must publish a notice in the Gazette
             giving details of the issue of a code of practice or any approval
20           or cancellation made under this section.

     192.    Regulations and codes of practice: consultation
       (1)   Before regulations are made under this Act, or a code of
             practice is issued or approved, the Minister must, as far as is
             appropriate and reasonably practicable to undertake, consult
25           with public authorities, community and producer organisations
             and other bodies and persons which or who appear to the
             Minister to be likely to be affected by, or interested in, in a
             significant way, the regulations or code of practice, as the case
             requires.
30     (2)   Consultation may be undertaken in any way that the Minister
             thinks appropriate in the circumstances, having regard to the

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                number of persons who will be likely to be so affected or
                interested.

     193.       Local government may make local laws
        (1)     In this section --
 5              "pest plant" means a plant that is prescribed by local laws
                     made by a local government under subsection (2)(a) as a
                     pest plant in that district.
        (2)     Subject to and in accordance with the Local Government
                Act 1995 a local government may, in respect of its district, make
10              local laws for any of the following purposes --
                  (a) prescribing as a pest plant in that district any plant (other
                        than a declared pest for that area) that, in its opinion, is
                        likely to adversely affect the environment of the district,
                        the value of property in the district or the health,
15                      comfort or convenience of the inhabitants of the district;
                  (b) requiring the owner or occupier of land (other than an
                        owner of land referred to in section 8(1)(d)) within the
                        district to control pest plants on and in relation to that
                        land in a manner and within a time specified in a notice
20                      given by the local government and given to the owner or
                        occupier of the land;
                  (c) if the owner or occupier does not comply with the notice
                        given by the local government, for authorising the local
                        government without payment of compensation to control
25                      the pest plants at the expense of the owner or occupier to
                        whom the notice was given, and to recover in a court of
                        competent jurisdiction from the owner or occupier the
                        amount of the expense.




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                                                Miscellaneous         Part 9

                                                                          s. 194



                         Part 9 -- Miscellaneous
     194.    Review of Act
       (1)   The Minister must carry out a review of the operation and
             effectiveness of this Act as soon as is practicable after every
 5           10th anniversary of its commencement, and in the course of that
             review the Minister must consider and have regard to --
               (a) the adequacy of the penalties imposed under this Act;
                     and
               (b) any other matters that appear to the Minister to be
10                   relevant to the operation and effectiveness of this Act.
       (2)   The Minister must prepare a report based on the review carried
             out under subsection (1) and, as soon as is practicable after the
             preparation of the report, cause it to be laid before each House
             of Parliament.




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     Schedule 1      Matters for which regulations may be made




      Schedule 1 -- Matters for which regulations may be made
                                                                              [s. 188(1)]
     1.         Compliance with a code (as defined in section 190) or a standard
                prescribed or adopted under the regulations.
 5   2.         The issue of instructions, specifications and administrative procedures
                by the Director General.
     3.         Without limiting the Interpretation Act 1984 section 43(8)(d),
                exemptions from the application of a provision of this Act in a
                particular case or class of case, and prescribing circumstances in
10              which and conditions subject to which such an exemption applies.
     4.         Fees and charges payable for services and recovery of expenditure
                and costs incurred under this Act, and the recovery of unpaid fees and
                charges.
     5.         The issue of authorisations by the Director General for the purpose of
15              controlling an activity or thing regulated under this Act.
     6.         Inspections under this Act and the procedures to be followed by
                inspectors when carrying out functions under this Act.
     7.         The import, export, seizure, detention, examination, quarantine,
                treatment or destruction of organisms, potential carriers, and
20              agricultural products.
     8.         The establishment and management of inspection points and
                quarantine facilities.
     9.         The movement of organisms and potential carriers from one area of
                the State to another.
25   10.        Categories of declared pests.
     11.        Measures, whether mechanical, biological, chemical or otherwise, to
                be taken to control declared pests in the whole or part of the State.
     12.        The designation of areas where potential carriers of a declared pest
                must not be cultivated, bred or kept, or may be cultivated, bred or kept
30              subject to conditions or restrictions.
     13.        The labelling or other identification of, use, disposal, supply,
                purchase, handling and movement of an organism, agricultural
                product, animal feed, fertiliser or other thing.


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     14.   With respect to --
             (a)   the entry of persons, organisms, conveyances, machinery, and
                   other potential carriers into; and
             (b)   the movement of persons, organisms, conveyances,
 5                 machinery, and other potential carriers on and from; and
             (c)   the keeping of organisms, conveyances, machinery, and other
                   potential carriers on; and
             (d)   the cultivating of; and
             (e)   the fencing of; and
10           (f)   the use of,
           places in or upon which declared pests are, or are suspected to be,
           present.
     15.   The keeping, breeding, cultivation and supply of declared pests.
     16.   The protection of natural enemies of declared pests.
15   17.   The measures to be taken for treating a place or thing infected or
           infested, or reasonably suspected to be infected or infested, with a
           declared pest and for treating a potential carrier.
     18.   The erection and maintenance of barrier fences as a means of
           controlling animals that are declared pests.
20   19.   The use and management of a place or thing infected or infested, or
           reasonably suspected to be infected or infested, with a declared pest.
     20.   The supply, acquisition and use of any apparatus, appliance, thing or
           substance offered or represented, or which may be offered or
           represented as suitable for use, to control a declared pest.
25   21.   The keeping, breeding, cultivation and supply of organisms that have
           the potential to have the adverse effects referred to in section 22(2) if
           not adequately managed, and the release of those organisms into the
           environment.
     22.   The formulation, manufacture, labelling, use, storage, transport,
30         handling, disposal and supply of animal feed, chemical products and
           fertilisers.
     23.   The use and management of land in respect of which a residue
           management notice is in force, and the sale or other disposal of land



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                 in respect of which a residue management notice is in force and in
                 respect of which a land document is registered under section 101(4).
     24.         The supply, purchase, handling, movement and treatment of
                 agricultural products produced on, or derived from animals or plants
 5               produced on, land in respect of which a residue management notice is
                 in force.
     25.         The use, management, supply, purchase, handling, movement and
                 treatment of agricultural products, animal feeds, fertilisers and other
                 things that are, or are reasonably suspected to be, contaminated.
10   26.         The duties and obligations of veterinary surgeons and other persons in
                 relation to --
                   (a)   the use of chemical products; and
                   (b)   the identification, handling, keeping, supply, purchase,
                         transport and use of animals, agricultural products or animal
15                       feed treated, or not treated, with a chemical product; and
                   (c)   the keeping of records and provision of information in
                         relation to that identification, handling, keeping, supply,
                         purchase, transport or use.
     27.         The qualifications and training of persons who use, store, handle or
20               transport, or advise on the use of, chemical products.
     28.         The keeping and production of records, the giving of notices, and the
                 making of declarations or returns, in relation to the acquisition,
                 supply, use, storage, handling or transport of chemical products or the
                 giving of advice in relation to those things.
25   29.         The designation of areas where prescribed chemical products are not
                 to be used or are to be used subject to conditions or restrictions.
     30. (1)     The maximum residue limits of a chemical product or other chemical
                 or prescribed substance permitted in soil, water, animals, agricultural
                 products, animal feed, fertilisers and other substances.
30         (2)   Without limiting subitem (1), a regulation made in relation to a
                 maximum residue limit --
                   (a)   may provide that the maximum residue limit in respect of a
                         chemical product or other substance is nil; and
                   (b)   may provide that where a maximum residue limit in respect
35                       of a chemical product or other substance is not prescribed, the

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                    maximum residue limit in respect of that chemical product or
                    other substance is to be taken to be nil; and
             (c)    may provide for different maximum residue limits applicable
                    in different circumstances or according to different factors.
 5   31.   The use in agricultural activities of animal manure, other animal
           by-products, human excrement, sewage and waste products.
     32.   Quality assurance schemes and the administration of, and compliance
           with, those schemes.
     33.   The grade or quality of agricultural products.
10   34.   The labelling and packaging of agricultural products, animal feed,
           chemical products, fertilisers, and imported potential carriers,
           including provisions as to the removal of labels.
     35.   Warranties, including implied warranties, as to agricultural products,
           animal feed, chemical products and fertilisers, and the consequences
15         of breaching a warranty.
     36.   The issue and use of identifiers.
     37.   The registration of stock or owners of stock.
     38.   The certification of places used in relation to the artificial breeding of
           stock.
20   39.   Measures to be taken for the prevention and treatment of nutritional
           deficiencies in stock or plants where those deficiencies may adversely
           affect --
             (a)    the safety or quality of agricultural products derived from that
                    stock or those plants; or
25           (b)    a determination as to whether stock or plants are infected or
                    infested with a declared pest.
     40.   The provision of financial assurances by persons importing,
           supplying, keeping, breeding or cultivating organisms.
     41.   The payment of --
30           (a) rewards to persons who report finding prohibited or unlisted
                  organisms; and
             (b)    rewards for destruction of declared pests.
     42.   The giving of directions by signs or notices.


                                                                            page 137
     Biosecurity and Agriculture Management Bill 2006
     Schedule 1      Matters for which regulations may be made




     43.        The prevention of interference with experiments conducted by or on
                behalf of the department on or in relation to declared pests,
                including --
                  (a)   prohibiting or regulating entry to a place on which such
 5                      experiments are being conducted; and
                  (b)   prohibiting the trapping, catching or killing of animals that
                        are declared pests on any place on which such experiments
                        are being conducted.
     44.        The seizure, detention, treatment, forfeiture, destruction and disposal
10              of any organism, agricultural product, animal feed, chemical product,
                fertiliser or other thing --
                  (a)   under Part 4 Division 4; or
                  (b)   in respect of which fees or charges have not been paid under
                        this Act.
15   45.        The use of trained animals, and the installation and use of x-ray
                machines or any other mechanical or electronic devices, and any other
                means of detecting organisms, potential carriers, agricultural products
                and animal feed.
     46.        The identification and certification of organisms, potential carriers
20              and agricultural products.
     47.        The registration of businesses supplying garden plants or live animals
                as pets.
     48.        The analysis of organisms, agricultural products, animal feed,
                fertilisers and other substances or things for the presence of declared
25              pests or chemical residues, or for any other purpose.
     49.        Applications to the State Administrative Tribunal --
                  (a)   for review of discretionary decisions, and conditions imposed
                        on discretionary decisions; and
                  (b)   to deal with disputes arising under this Act.
30   50.        Recording and keeping information and other documentation, and
                giving information, documentation and notices.
     51.        The verification and authentication of information, documentation and
                notices.




     page 138
                         Biosecurity and Agriculture Management Bill 2006
                    Matters for which regulations may be made Schedule 1




     52.   Offences for which an infringement notice may be issued under Part 4
           Division 4 (but not including any offence for which the penalty
           includes imprisonment) by setting out the offences or by reference to
           the provision creating the offence.
 5   53.   Modified penalties --
             (a)   not exceeding 20% of the penalty specified by this Act or the
                   regulations for an offence prescribed under item 52; and
             (b)   applicable --
                     (i)    in any circumstances in which the offence is
10                          committed; or
                     (ii)   if the offence is committed in circumstances
                            prescribed in the regulations.
     54.   The imposition of fines not exceeding $20 000 for offences under the
           regulations, with or without a fine for each separate and further
15         offence committed under the Interpretation Act 1984 section 71 of not
           more than $500.




                                                                           page 139
Biosecurity and Agriculture Management Bill 2006



Defined Terms




                                           Defined Terms
           [This is a list of terms defined and the provisions where they are defined.
                                  The list is not part of the law.]
     Defined Term                                                                                          Provision(s)
     acquire .....................................................................................................152(1)
     additive ....................................................................................................... 9(2)
     adulterate ...................................................................................................59(1)
     agent ........................................................................................... 111(1), 111(3)
     agricultural activity........................................................................................... 6
     agricultural product .......................................................................................... 6
     Agvet Code of Western Australia...................................................................... 6
     alleged offender............................................................................................ 125
     analysis ............................................................................................................ 6
     animal .............................................................................................................. 6
     animal feed.................................................................................... 6, 9(1), 59(1)
     animal product ................................................................................................. 6
     application .................................................................................................69(1)
     approved analyst.......................................................................................119(1)
     assessment notice .....................................................................................135(1)
     authorisation .................................................................................................... 6
     authorised officer .....................................................................................184(1)
     Authority.......................................................................................................... 6
     basic animal feed......................................................................................... 9(2)
     biosecurity ....................................................................................................... 6
     Biosecurity Council.......................................................................................... 6
     breed................................................................................................................ 6
     business concern.......................................................................................152(1)
     by-product................................................................................................... 9(2)
     CALM Act Minister ......................................................................................... 6
     charge amount.................................................................................................. 6
     chemical product .............................................................................................. 6
     code .........................................................................................................190(1)
     code of practice ................................................................................................ 6
     commercial carrier......................................................................................20(1)
     commercial passenger carrier......................................................................19(1)
     Commissioner .............................................................................................. 129
     container .......................................................................................................... 6
     contaminated.................................................................................................... 6
     control.............................................................................................................. 6
     conveyance ...................................................................................................... 6
     corresponding administrator .....................................................................183(1)
     corresponding law ....................................................................................183(1)


page 140
                              Biosecurity and Agriculture Management Bill 2006



                                                                                             Defined Terms



corresponding Minister.............................................................................183(1)
criminal record check ...............................................................................162(1)
cultivate ........................................................................................................... 6
declaration ...............................................................................................157(1)
declared pest .................................................................................................... 6
Declared Pest Account...................................................................................... 6
department ....................................................................................................... 6
Director General............................................................................................... 6
disease ............................................................................................................. 6
dispose of.................................................................................................152(1)
dwelling......................................................................................................... 63
electronic site ................................................................................................... 6
employer ..................................................................................... 112(1), 112(3)
entry warrant .................................................................................................. 63
environment ..................................................................................................... 6
export............................................................................................................... 6
fertiliser ........................................................................................................... 6
fish................................................................................................................... 6
fisheries officer ................................................................................................ 6
Government agreement.............................................................................134(1)
guidelines.................................................................................................184(1)
high impact organism ....................................................................................... 6
identification card............................................................................................. 6
identifier .......................................................................................................... 6
import .............................................................................................................. 6
import permit ................................................................................................... 6
infected ............................................................................................................ 6
infested ............................................................................................................ 6
information sharing agency.......................................................................184(1)
inspection point ................................................................................................ 6
inspection purposes ........................................................................................ 63
inspector .......................................................................................................... 6
intellectual property..................................................................................154(2)
keep ................................................................................................................. 6
label ................................................................................................................. 6
land.................................................................................................................. 6
land document..........................................................................................101(1)

 


 

and Titles Register ......................................................................................... 6 management committee ................................................................................ 140 management plan ............................................................................................. 6 manufactured animal feed............................................................................ 9(2) maximum residue limit..................................................................................... 6 Minister for Fisheries ....................................................................................... 6 Minister for the Environment............................................................................ 6 mobile home .................................................................................................. 63 page 141 Biosecurity and Agriculture Management Bill 2006 Defined Terms Modified Penalties Revenue Account................................................................ 6 notified person ...........................................................................................84(2) occupier ........................................................................................................... 6 officer ......................................................................................... 110(1), 184(1) official .....................................................................................................187(1) operating account ......................................................................................... 129 operational work.........................................................................................42(1) organism .......................................................................................................... 6 owner....................................................................................................... 6, 129 participate in ............................................................................................152(1) pearl oyster....................................................................................................... 6 pensioner..................................................................................................136(1) pensioner concession card.........................................................................136(1) permitted organism........................................................................................... 6 pest control notice ............................................................................................ 6 pest exclusion notice......................................................................................... 6 pest keeping notice ........................................................................................... 6 pest plant..................................................................................................193(1) place ......................................................................................................6, 42(1) plant................................................................................................................. 6 potential carrier ................................................................................................ 6 premises........................................................................................................... 6 prescribed......................................................................................................... 6 prescribed account........................................................................................ 140 prescribed control measures........................................................................30(1) prescribed offence ........................................................................................ 125 principal...................................................................................... 111(1), 111(3) private land ................................................................................................. 8(2) processed animal feed.................................................................................. 9(2) prohibited organism.......................................................................................... 6 property ...................................................................................................152(1) public authority ................................................................................................ 6 public place................................................................................................65(5) quality assurance scheme.................................................................................. 6 quarantine facility............................................................................................. 6 rate............................................................................................................... 129 rate determination......................................................................................... 129 rates amount................................................................................................. 129 recallable substance....................................................................................84(1) record............................................................................................................... 6 register.....................................................................................................101(1) relevant information .................................................................................184(1) relevant record ...........................................................................................66(1) remote communication ...............................................................................69(1) research body ...........................................................................................152(1) page 142 Biosecurity and Agriculture Management Bill 2006 Defined Terms residue ............................................................................................................. 6 residue management notice............................................................................... 6 security officer ...........................................................................................91(1) specified....................................................................................................... 113 stock ................................................................................................................ 6 structure ......................................................................................................... 63 subsidiary legislation ................................................................................190(1) supply .............................................................................................................. 6 treat.................................................................................................................. 6 unimproved value............................................................................................. 6 unlisted organism ....................................................................................... 6, 14 vehicle ............................................................................................................. 6 veterinary chemical product.............................................................................. 6 veterinary surgeon ............................................................................................ 6 wildlife officer ................................................................................................. 6

 


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