New South Wales Repealed Acts

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This legislation has been repealed.

PLANT DISEASES ACT 1924 - SECT 3

Definitions

3 Definitions

(1) In this Act, unless the context or subject-matter otherwise requires:

"Approved" means approved for the time being by the Director-General.

"Covering" or
"package" includes any case, box, bag, wrapper, packing, or material of whatsoever description used or intended to be used for packing.

"Department" means the Department of Industry and Investment.

"Director-General" means the Director-General of the Department.

"Disease" means any organism of the vegetable kingdom, bacterium, fungus, viroid, virus or mycoplasma organism which causes an abnormal or unhealthy condition in plants, and includes anything declared by order under section 28B to be a disease for the purposes of this definition.

"Emergency disease" means a disease declared by an order under section 28B to be an emergency disease for the purposes of this Act.

"Emergency pest" means a pest declared by an order under section 28B to be an emergency pest for the purposes of this Act.

"Fruit" means any of the types of fruit listed in Schedule 1 or any other edible product of a plant declared by order under section 28B to be a fruit for the purposes of this definition, and includes the peel, skin or shell of any such type of fruit or plant.

"Infected" means infected or infested with disease or pest.

"Inspector" means inspector appointed under this Act.

"Land" includes:
(a) a bay, inlet, lagoon, lake or body of water, whether inland or not and whether tidal or non-tidal, and
(b) a watercourse, river or stream, whether tidal or non-tidal.

"Nursery" means any land or premises whereon or wherein plants are grown for the purpose of sale or disposal in their living state.

"Occupier" includes any person having the charge, control, or management of any orchard, nursery, land, or premises.

"Orchard" means any place where fruit-producing plants are grown.

"Owner" includes the holder of any lease or licence from the Crown and any person deriving title thereunder.

"Pest" means any organism of the animal kingdom, other than the vertebrata, which feeds upon or is injurious to plants and includes anything declared by order under section 28B to be a pest for the purposes of this definition.

"Plant" means any member of the vegetable kingdom and includes the seed or any part of a plant whether living or dead and whether attached to a plant or separate therefrom.

"Regulations" means regulations made under this Act.

"Sell" includes offering or attempting to sell, exposing for sale, and sending, forwarding, or delivering for sale.

"Treat" means carry out a procedure for curing, alleviating, controlling, preventing or eradicating a disease or pest.

"Vegetable" means any of the types of vegetable listed in Schedule 2 or any other edible product of a plant declared by order under section 28B to be a vegetable for the purposes of this definition, and includes the peel, skin or shell of any such type of vegetable or plant.
(2) For the purposes of this Act, a power to issue a proclamation, to make an order or to give a notification, a notice or an authority shall include and shall be deemed always to have included a power:
(a) to revoke or amend that instrument, or
(b) to extend or suspend for any period the effect of that instrument.



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