Western Australian Numbered Acts Western Australian Numbered Acts
TABLE OF PROVISIONS
Long Title
Preamble
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Objects of Act
4. Relationship with other Acts
5. Act binds the Crown
6. Meaning of terms used in this Act
7. Meaning of “contaminated”
8. Meaning of “owner” in relation to land
9. Meaning of “animal feed”
10. When organism is to be taken to be on land
PART 2 -- Biosecurity
Division 1 -- Permitted, prohibited and unlisted organisms
11. Permitted organisms
12. Prohibited organisms
13. Consultation with other Ministers and Biosecurity Council
14. Unlisted organisms
Division 2 -- Importing organisms into Western Australia
15. Import restrictions
16. How to obtain import permit
17. Supply of unlawful import
18. Possession of unlawful import
19. Obligations of commercial passenger carrier
20. Obligation of commercial carrier
21. Reporting and presenting import
Division 3 -- Biosecurity within Western Australia
22. Declared pests
23. Dealing with declared pest
24. Introducing or supplying declared pest
25. Authorised dealing with declared pest
26. Duty to report declared pest
27. Pest exclusion notice
28. SAT review: pest exclusion notice
29. Compliance with pest exclusion notice
30. Duty to control declared pest
31. Pest control notice
32. Compliance with pest control notice
33. Apportionment of costs of controlling declared pests on land
34. SAT review: costs of controlling declared pests
35. Pest keeping notice
36. Director General review: pest control notice or pest keeping notice
37. SAT review: pest control notice or pest keeping notice
38. Remedial action by Director General
39. Power to control pests
40. Agreements to supply pest control materials
41. Public authority may assist owner or occupier to control declared pest
42. Department may carry out operational work
Division 4 -- Urgent measures
43. Director General may give directions for urgent measures to control declared pest
44. Director General may approve alternative measure or requirement
Division 5 -- Management plans
45. Management plans
46. Consultation with affected persons
47. Management plans are subject to disallowance
Division 6 -- Biosecurity Council
48. Biosecurity Council
49. Membership of Biosecurity Council
50. Functions of Biosecurity Council
51. Annual report
PART 3 -- Residues on land, chemical products and adulteration
Division 1 -- Residues on land
52. Residue management notices
53. Duration of residue management notice
54. SAT review: residue management notices
55. Notification may be lodged with Registrar of Titles
Division 2 -- Chemical products
56. Dealing with chemical products
57. Dealing with things that are treated, or not treated, with chemical product or are contaminated
58. Certain agreements void
Division 3 -- Adulteration of agricultural products or animal feed
59. Meaning of terms used in this Division
60. Adulterating goods to cause public alarm or economic loss
61. Threatening to adulterate goods to cause public alarm or economic loss
62. Making false statements concerning adulteration of goods to cause public alarm or economic loss
PART 4 -- Inspection and compliance
Division 1 -- Preliminary
63. Meaning of terms used in this Part
Division 2 -- Inspection and other functions
64. Purposes for which an inspection may be carried out
65. Entry and access to place or conveyance, and inspection powers
66. Obtaining records
67. Other directions
Division 3 -- Entry warrants
68. Applying for entry warrant
69. Applications, how they are to be made
70. Issuing an entry warrant
71. Effect of entry warrant
72. Report on entry and search
Division 4 -- Seizure, treatment, destruction and recall powers
73. Power to seize, treat or destroy
74. SAT review: seizure
75. SAT review: forfeiture
76. Power to direct that organism or potential carrier be moved for treatment
77. Power to direct person to treat, refrain from treating, destroy or dispose of thing
78. SAT review: section 77 direction
79. Treatment or destruction to prevent risk
80. SAT review: treatment or destruction notice
81. Provisions do not limit making of regulations
82. Inspector may direct removal of organism or potential carrier
83. SAT review: direction to remove from State
84. Recall of organism or substance
85. Notice may be published
86. SAT review: recall notice
87. Remedial action
Division 5 -- General
88. Time and place for compliance
89. Direction may be given orally or in writing
90. Exercise of power may be recorded
91. Use of force and assistance
92. Offences
93. Self-incriminating information
Division 6 -- Remedial action by Director General
94. Taking remedial action
95. Charge on land to secure cost of remedial action
96. Priority of charge
97. Dealing with certain charged land
98. Recovery of unpaid charge amount
99. Certificate of charge amount
100. Withdrawal of memorial
Division 7 -- Registration of memorials and notices affecting land
101. Approved form of memorials and notices
102. Exemption from stamp duty
103. Notice to mortgagees
PART 5 -- Legal proceedings
Division 1 -- Legal proceedings
104. Prosecutions, who may commence
105. Time for bringing prosecution
106. Court’s power to make ancillary orders on conviction
107. Order as to costs of analysis
108. Penalties for continuing offences
109. Injunctions to ensure compliance with this Act
Division 2 -- Responsibility of certain persons
110. Liability of body corporate’s officers
111. Liability of principal for acts of agent
112. Liability of employer for offence of employee
Division 3 -- Evidentiary provisions
113. Meaning of “specified”
114. Proof of exemptions
115. Evidence of place of offence
116. Evidence of seller or packer of container
117. Evidence of purpose or intent
118. Evidence of authorisation and enforcement matters
119. Evidence of scientific matters
120. Evidence of type or class of organism or thing
121. Documentary and signed evidence
122. Evidence of documents and service
123. Evidence of ownership or occupancy
124. Provisions are in addition to the Evidence Act 1906
Division 4 -- Modified penalties for certain offences
125. Meaning of terms used in this Division
126. Infringement notices
127. Withdrawal of infringement notice
128. Effect of payment of modified penalty
PART 6 -- Financial provisions
Division 1 -- Declared Pest Account
Subdivision 1 -- General
129. Meaning of terms used in this Division
Subdivision 2 -- Rates imposed on land
130. Determination of rate
131. Procedure for making rate determination
132. Minimum and maximum rates
133. Rates amounts
134. Multiple rating
135. Application of Taxation Administration Act 2003 and Land Tax Assessment Act 2002
136. Postponement of rates payable by pensioners
Subdivision 3 -- Establishment and operation of Declared Pest Account
137. Declared Pest Account
138. Use of funds in Declared Pest Account
139. Appropriations against the Consolidated Account
Division 2 -- Industry funding schemes
140. Terms used in this Division
141. Establishment of accounts, management committees and schemes
142. Constitution and administration of prescribed accounts
143. Management committee
144. Contributions to account -- prescribed scheme
145. Application of prescribed account
146. Treasurer may make advances to a prescribed account in event of a deficiency
147. Review of regulations
Division 3 -- Modified Penalties Revenue Account
148. Modified Penalties Revenue Account
149. Use of funds in Modified Penalties Revenue Account
PART 7 -- Administration
Division 1 -- The Western Australian Agriculture Authority
150. Western Australian Agriculture Authority
151. Purpose of Western Australian Agriculture Authority
152. Powers of Authority
153. Treasurer to consider proposals under section 152(3)(b)
154. Intellectual property
155. Execution of documents by Authority
156. Accountability under this Division
Division 2 -- Compiling and publishing essential information
157. Publication of certain declarations
158. Records of status of various organisms
159. The department’s electronic site
160. Information available on department’s electronic site
161. Availability of published information
Division 3 -- Inspectors
162. Appointment of inspectors
163. Director General has functions of inspector
164. Identification cards
Division 4 -- Quarantine facilities, inspection points and other places
165. Arrangements for provision of quarantine facilities
166. Inspection points
167. Use of other places
Division 5 -- Advisory groups and recognised biosecurity groups
168. Advisory groups
169. Recognised biosecurity groups
170. Funds available to recognised biosecurity groups
171. Publication of report by recognised biosecurity group
Division 6 -- Service of documents
172. Service on the Director General
173. Method of service
174. Alternate methods of service of documents relating to land
175. Service of notice by publication
176. Service where more than one owner or occupier
177. Time of service
178. Description of person or land
179. Documents binding on subsequent owners and occupiers
180. Non-exclusivity of this Division
Division 7 -- General
181. Delegation by Minister
182. Delegation by Director General
183. Arrangements with corresponding authorities
184. Information sharing
185. Results and other matters may be published
186. Compliance statements
187. Immunity from tortious liability
PART 8 -- Regulations, codes of practice and local laws
188. Regulations -- general power
189. Regulations prescribing high impact organisms
190. Regulations and management plans may adopt codes or legislation and other references
191. Codes of practice
192. Regulations and codes of practice: consultation
193. Local government may make local laws
PART 9 -- Miscellaneous
194. Review of Act
SCHEDULE
[Assented to 12 October 2007]