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This is a Bill, not an Act. For current law, see the Acts databases.
Plant Diseases Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the Plant Diseases Act 1924 with respect to orders to prevent the
introduction or spread of diseases and pests affecting plants or fruit; and for other
purposes.
Clause 1 Plant Diseases Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Plant Diseases Amendment Act 2010. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Plant Diseases Amendment Bill 2010
Amendment of Plant Diseases Act 1924 No 38 Schedule 1
Schedule 1 Amendment of Plant Diseases Act 1924 1
No 38 2
[1] Section 4 Power to regulate or prohibit the introduction of things likely 3
to introduce disease 4
Omit "Governor may by proclamation published in the Gazette" from 5
section 4 (1). 6
Insert instead "Minister may by order published in accordance with 7
subsection (3)". 8
[2] Section 4 (1) (a) 9
Omit "Governor's". Insert instead "Minister's". 10
[3] Section 4 (2) 11
Omit "a proclamation". Insert instead "an order". 12
[4] Section 4 (3) and (4) 13
Insert after section 4 (2): 14
(3) An order made by the Minister under this section is to be 15
published in the Gazette. However, if the Minister considers the 16
order is required urgently, the order may be published: 17
(a) in a newspaper circulating, or by radio or television 18
broadcast, in the area to which the order applies, or 19
(b) on the Department's internet website. 20
(4) If an order is published in accordance with subsection (3) (a) or 21
(b), the Minister is to publish the order as soon as practicable in 22
the Gazette. 23
[5] Sections 13 (1), (1A) (a) and (1B) (a) (ii) and 26 (1) (c) and (d) 24
Omit "proclamation," wherever occurring. 25
[6] Section 16 Recovery of expenses 26
Omit section 16 (c). 27
[7] Section 16 28
Omit ", order or proclamation". Insert instead "or order". 29
Page 3
Plant Diseases Amendment Bill 2010
Schedule 1 Amendment of Plant Diseases Act 1924 No 38
[8] Section 16A 1
Insert after section 16: 2
16A Permits 3
(1) An inspector may, on application or on the inspector's own 4
initiative, issue a permit authorising a person, or class of persons, 5
to move: 6
(a) any plants or fruit that are infected or which, in the 7
inspector's opinion, are likely to cause the introduction or 8
spread of any disease or pest, or 9
(b) any covering or goods in, or with, which plants or fruit 10
referred to in paragraph (a) have been contained, or 11
packed, or with which the covering or goods have come 12
into contact, or 13
(c) any other thing which, in the inspector's opinion, is 14
capable of causing the introduction or spread of any 15
disease or pest, or 16
(d) any plant, fruit, covering, goods or other thing into, or out 17
of, a quarantine area. 18
(2) A permit has effect for the period of time, and subject to any 19
conditions, specified in the permit. 20
(3) The inspector may specify such conditions as the inspector thinks 21
fit having regard to the plants, fruit, covering, goods or thing to 22
be moved, or the disease or pest, to which the permit relates. 23
(4) An inspector may, at any time, revoke or vary a permit, or a 24
condition of a permit. 25
(5) A permit is issued or a permit or condition is revoked or varied: 26
(a) in the case of a permit issued to a particular person--by 27
means of an instrument in writing given to the person, or 28
(b) in the case of a permit issued to a specified class of 29
persons--by means of an instrument published on the 30
Department's internet website or published in any other 31
manner that, in the opinion of the Director-General, is 32
most likely to bring it to the attention of the persons who 33
will be affected by it. 34
(6) A person is not guilty of an offence under section 26 in respect of 35
the movement of any plants, fruit, covering, goods or thing that 36
is done in accordance with a permit issued under this section. 37
Page 4
Plant Diseases Amendment Bill 2010
Amendment of Plant Diseases Act 1924 No 38 Schedule 1
[9] Section 26 Offences 1
Omit "a proclamation, notification or undertaking" from section 26 (1) (a) (ii). 2
Insert instead "any order, notification or undertaking". 3
[10] Section 26 (1) (f) 4
Omit "proclamation". Insert instead "order". 5
[11] Section 28 Regulations 6
Insert after section 28 (1) (aii): 7
(b) applications for permits under section 16A, and fees in 8
relation to any such permits, 9
[12] Schedule 3 Savings and transitional provisions 10
Insert at the end of clause 1 (1): 11
Plant Diseases Amendment Act 2010 12
[13] Schedule 3, Part 5 13
Insert after Part 4: 14
Part 5 Provision consequent on enactment of 15
Plant Diseases Amendment Act 2010 16
8 Proclamations to regulate or prohibit introduction of things likely 17
to introduce disease 18
(1) A proclamation in force under section 4 immediately before the 19
amendment of that section by the Plant Diseases Amendment Act 20
2010 is taken to be an order made by the Minister under that 21
section. 22
Page 5
Plant Diseases Amendment Bill 2010
Amendment of Plant Diseases Act 1924 No 38 Schedule 1
(2) For the purposes of section 4 (2), a proclamation that is taken to 1
be an order made by the Minister by subclause (1) is taken to have 2
been made on the date on which the proclamation was originally 3
published in the Gazette. 4
Page 6
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