2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for the Environment)

An Act to amend the Pest Plants and Animals Act 2005

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Pest Plants and Animals Amendment Act 2006.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Pest Plants and Animals Act 2005.

(1) A person commits an offence if—

(a) the person imports something into the ACT; and

(b) the thing imported is—

(i) a prohibited pest plant; or

(ii) contaminated by a prohibited pest plant; and

(c) the person is reckless about whether the thing imported is—

(i) a prohibited pest plant; or

(ii) contaminated by a prohibited pest plant; and

(d) is reckless about whether the importation would result or would be likely to result in the spread of prohibited pest plants of that kind.

Maximum penalty: 50 penalty units.

(2) This section does not apply if the importation is—

(a) by an entity prescribed by regulation; or

(b) under a permit.

(1) A person may apply, in writing, to the chief executive for a permit to propagate, import into the ACT or supply something that is a prohibited pest plant.

(2) The chief executive may issue a written permit for the propagation, importation or supply of the thing if satisfied that the propagation, importation or supply would not result in the spread of prohibited pest plants of that kind in a way that would endanger the environment or agriculture.

(3) A permit is subject to any conditions stated in the permit by the chief executive.

Note 1 If a form is approved under s 52 for this provision, the form must be used.

Note 2 A fee may be determined under s 51 for this provision.

Permit to propagate or supply prohibited pest plant

Permits relating to prohibited pest plants

propagate a plant includes plant the plant.

1 planting a seed, seedling or cutting

2 grafting a plant

3 propagating a plant using hydroponics

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Presentation speech made in the Legislative Assembly on 2006.

Notified under the Legislation Act on 2006.

For the latest republication of amended laws, see www.legislation.act.gov.au.