Biosecurity and Agriculture Management Act 2007

 

Biosecurity and Agriculture Management Act 2007

CONTENTS

Part 1 — Preliminary

1.Short title2

2.Commencement2

3.Objects of Act2

4.Relationship with other Acts3

5.Act binds the Crown3

6.Meaning of terms used in this Act4

7.Meaning of “contaminated”15

8.Meaning of “owner” in relation to land15

9.Meaning of “animal feed”16

10.When organism is to be taken to be on land18

Part 2 — Biosecurity

Division 1 — Permitted, prohibited and unlisted organisms

11.Permitted organisms19

12.Prohibited organisms19

13.Consultation with other Ministers and Biosecurity Council19

14.Unlisted organisms20

Division 2 — Importing organisms into Western Australia

15.Import restrictions20

16.How to obtain import permit21

17.Supply of unlawful import21

18.Possession of unlawful import21

19.Obligations of commercial passenger carrier21

20.Obligation of commercial carrier22

21.Reporting and presenting import23

Division 3 — Biosecurity within Western Australia

22.Declared pests24

23.Dealing with declared pest25

24.Introducing or supplying declared pest26

25.Authorised dealing with declared pest27

26.Duty to report declared pest27

27.Pest exclusion notice28

28.SAT review: pest exclusion notice29

29.Compliance with pest exclusion notice29

30.Duty to control declared pest30

31.Pest control notice31

32.Compliance with pest control notice33

33.Apportionment of costs of controlling declared pests on land33

34.SAT review: costs of controlling declared pests34

35.Pest keeping notice34

36.Director General review: pest control notice or pest keeping notice35

37.SAT review: pest control notice or pest keeping notice35

38.Remedial action by Director General36

39.Power to control pests36

40.Agreements to supply pest control materials36

41.Public authority may assist owner or occupier to control declared pest37

42.Department may carry out operational work37

Division 4 — Urgent measures

43.Director General may give directions for urgent measures to control declared pest38

44.Director General may approve alternative measure or requirement38

Division 5 — Management plans

45.Management plans39

46.Consultation with affected persons39

47.Management plans are subject to disallowance40

Division 6 — Biosecurity Council

48.Biosecurity Council40

49.Membership of Biosecurity Council41

50.Functions of Biosecurity Council41

51.Annual report41

Part 3 — Residues on land, chemical products and adulteration

Division 1 — Residues on land

52.Residue management notices42

53.Duration of residue management notice43

54.SAT review: residue management notices43

55.Notification may be lodged with Registrar of Titles44

Division 2 — Chemical products

56.Dealing with chemical products44

57.Dealing with things that are treated, or not treated, with chemical product or are contaminated45

58.Certain agreements void46

Division 3 — Adulteration of agricultural products or animal feed

59.Meaning of terms used in this Division47

60.Adulterating goods to cause public alarm or economic loss47

61.Threatening to adulterate goods to cause public alarm or economic loss48

62.Making false statements concerning adulteration of goods to cause public alarm or economic loss48

Part 4 — Inspection and compliance

Division 1 — Preliminary

63.Meaning of terms used in this Part49

Division 2 — Inspection and other functions

64.Purposes for which an inspection may be carried out49

65.Entry and access to place or conveyance, and inspection powers50

66.Obtaining records52

67.Other directions53

Division 3 — Entry warrants

68.Applying for entry warrant55

69.Applications, how they are to be made56

70.Issuing an entry warrant57

71.Effect of entry warrant58

72.Report on entry and search58

Division 4 — Seizure, treatment, destruction and recall powers

73.Power to seize, treat or destroy59

74.SAT review: seizure61

75.SAT review: forfeiture61

76.Power to direct that organism or potential carrier be moved for treatment61

77.Power to direct person to treat, refrain from treating, destroy or dispose of thing62

78.SAT review: section 77 direction63

79.Treatment or destruction to prevent risk64

80.SAT review: treatment or destruction notice65

81.Provisions do not limit making of regulations65

82.Inspector may direct removal of organism or potential carrier65

83.SAT review: direction to remove from State66

84.Recall of organism or substance66

85.Notice may be published68

86.SAT review: recall notice68

87.Remedial action68

Division 5 — General

88.Time and place for compliance69

89.Direction may be given orally or in writing69

90.Exercise of power may be recorded69

91.Use of force and assistance69

92.Offences70

93.Self‑incriminating information70

Division 6 — Remedial action by Director General

94.Taking remedial action71

95.Charge on land to secure cost of remedial action72

96.Priority of charge72

97.Dealing with certain charged land73

98.Recovery of unpaid charge amount73

99.Certificate of charge amount74

100.Withdrawal of memorial74

Division 7 — Registration of memorials and notices affecting land

101.Approved form of memorials and notices75

102.Exemption from stamp duty75

103.Notice to mortgagees76

Part 5 — Legal proceedings

Division 1 — Legal proceedings

104.Prosecutions, who may commence77

105.Time for bringing prosecution77

106.Court’s power to make ancillary orders on conviction77

107.Order as to costs of analysis78

108.Penalties for continuing offences78

109.Injunctions to ensure compliance with this Act79

Division 2 — Responsibility of certain persons

110.Liability of body corporate’s officers80

111.Liability of principal for acts of agent81

112.Liability of employer for offence of employee81

Division 3 — Evidentiary provisions

113.Meaning of “specified”82

114.Proof of exemptions83

115.Evidence of place of offence83

116.Evidence of seller or packer of container83

117.Evidence of purpose or intent84

118.Evidence of authorisation and enforcement matters84

119.Evidence of scientific matters85

120.Evidence of type or class of organism or thing86

121.Documentary and signed evidence87

122.Evidence of documents and service88

123.Evidence of ownership or occupancy88

124.Provisions are in addition to the Evidence Act 190689

Division 4 — Modified penalties for certain offences

125.Meaning of terms used in this Division89

126.Infringement notices90

127.Withdrawal of infringement notice90

128.Effect of payment of modified penalty91

Part 6 — Financial provisions

Division 1 — Declared Pest Account

Subdivision 1 — General

129.Meaning of terms used in this Division92

Subdivision 2 — Rates imposed on land

130.Determination of rate92

131.Procedure for making rate determination93

132.Minimum and maximum rates93

133.Rates amounts94

134.Multiple rating94

135.Application of Taxation Administration Act 2003 and Land Tax Assessment Act 200295

136.Postponement of rates payable by pensioners96

Subdivision 3 — Establishment and operation of Declared Pest Account

137.Declared Pest Account97

138.Use of funds in Declared Pest Account97

139.Appropriations against the Consolidated Account98

Division 2 — Industry funding schemes

140.Terms used in this Division98

141.Establishment of accounts, management committees and schemes98

142.Constitution and administration of prescribed accounts99

143.Management committee100

144.Contributions to account — prescribed scheme100

145.Application of prescribed account101

146.Treasurer may make advances to a prescribed account in event of a deficiency103

147.Review of regulations103

Division 3 — Modified Penalties Revenue Account

148.Modified Penalties Revenue Account104

149.Use of funds in Modified Penalties Revenue Account104

Part 7 — Administration

Division 1 — The Western Australian Agriculture Authority

150.Western Australian Agriculture Authority106

151.Purpose of Western Australian Agriculture Authority106

152.Powers of Authority106

153.Treasurer to consider proposals under section 152(3)(b)108

154.Intellectual property108

155.Execution of documents by Authority109

156.Accountability under this Division110

Division 2 — Compiling and publishing essential information

157.Publication of certain declarations110

158.Records of status of various organisms111

159.The department’s electronic site111

160.Information available on department’s electronic site111

161.Availability of published information112

Division 3 — Inspectors

162.Appointment of inspectors112

163.Director General has functions of inspector113

164.Identification cards113

Division 4 — Quarantine facilities, inspection points and other places

165.Arrangements for provision of quarantine facilities114

166.Inspection points114

167.Use of other places114

Division 5 — Advisory groups and recognised biosecurity groups

168.Advisory groups114

169.Recognised biosecurity groups115

170.Funds available to recognised biosecurity groups115

171.Publication of report by recognised biosecurity group116

Division 6 — Service of documents

172.Service on the Director General116

173.Method of service117

174.Alternate methods of service of documents relating to land118

175.Service of notice by publication119

176.Service where more than one owner or occupier119

177.Time of service120

178.Description of person or land121

179.Documents binding on subsequent owners and occupiers121

180.Non‑exclusivity of this Division121

Division 7 — General

181.Delegation by Minister121

182.Delegation by Director General122

183.Arrangements with corresponding authorities123

184.Information sharing124

185.Results and other matters may be published126

186.Compliance statements126

187.Immunity from tortious liability128

Part 8 — Regulations, codes of practice and local laws

188.Regulations — general power129

189.Regulations prescribing high impact organisms129

190.Regulations and management plans may adopt codes or legislation and other references129

191.Codes of practice130

192.Regulations and codes of practice: consultation131

193.Local government may make local laws132

Part 9 — Miscellaneous

194.Review of Act133

Schedule 1  Matters for which regulations may be made

Defined Terms

 

 

 

 

 

Biosecurity and Agriculture Management Act 2007

No. 23 of 2007

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.

 

 

[Assented to 12 October 2007]

 

 

The Parliament of Western Australia enacts as follows:

Part 1  Preliminary

1.Short title

This is the Biosecurity and Agriculture Management Act 2007.

2.Commencement

(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 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

(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 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 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.

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 Charges Act 2007;

(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 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;

(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;

(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 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.

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 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

(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 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, 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 —

(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;

animal product means —

(a)a carcass or a part of a carcass of an animal; or

(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

(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;

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 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 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;

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 —

(a)an agricultural chemical product as defined in the Agvet Code of Western Australia; or

(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 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

(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 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;

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 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;

Director General means the chief executive officer of the department;

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

(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;

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;

environmenthas 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 —

(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 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 definition,

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 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 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;

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, 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;

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 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;

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;

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 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 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;

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

(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 — 

(a)all land within the limits of the State; and

(b)all marine and other waters within the limits of the State; and

(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 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 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;

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 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 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;

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 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 human being; or

(b)a prion or other prescribed organic agent that can cause disease; or

(c)a disease;

owner —

(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 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 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;

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;

plant means any vegetation or fungus and includes —

(a)a cutting or the leaf, flower or flower head of a plant; and

(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;

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 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;

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

(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 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

(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

(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;

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 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, 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;

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 the following —

(a)sell;

(b)send or deliver for sale or on sale;

(c)dispose of under a hire purchase agreement;

(d)give;

(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;

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 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 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 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 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;

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;

wildlife officer means a wildlife officer designated as such under the Conservation and Land Management Act 1984.

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 —

(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

(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 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 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 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 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

(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 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 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 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 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 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 —

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

(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 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;

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

(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 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

(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.

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 —

(a)on or in any water on or under the land; or

(b)in the air above the land.

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 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 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

(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

(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.

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

(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.

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

(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 $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 unless —

(a)the import is permitted under the regulations; and

(b)the prescribed potential carrier is imported in accordance with the regulations.

Penalty:

(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.

(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 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

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:

(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 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

(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 transport for individuals for fee or reward.

(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 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 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 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

(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 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

(b)the carrier does not give the notice in accordance with the regulations.

Penalty: a fine of $15 000.

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, 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

(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 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 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 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.

Penalty: a fine of $20 000.

Division 3 — Biosecurity within Western Australia

22.Declared pests

(1)A prohibited organism is a declared pest for the whole of Western Australia.

(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 —

(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 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 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 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 or herself as to whether or not the declaration should be made, the Biosecurity Council.

(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 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 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 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.

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 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.

Penalty:

(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.

24.Introducing or supplying declared pest

(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

(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

(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:

(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 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 —

(i)a declared pest for the area; and

(ii)prescribed by the regulations or specified in the management plan.

(4)A person who contravenes a provision referred to in subsection (3) commits an offence.

Penalty:

(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.

25.Authorised dealing with declared pest

A person who is authorised under this Act to keep, breed, 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

(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 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:

(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

(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 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 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 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 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 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 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;

(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 —

(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 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 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 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 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

A person to whom a pest exclusion notice is given must comply with the notice.

Penalty: a fine of $20 000.

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 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.

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 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 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 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 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 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 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 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 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 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, 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.

(2)A pest control notice —

(a)must be in writing; and

(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

(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 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 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.

(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 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 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

(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.

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

(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 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

(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.

(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 partial interest or estate in the land.

(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 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.

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 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 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 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; and

(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 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 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.

(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.

(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.

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 to the State Administrative Tribunal for a review of the decision.

(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

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 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.

(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

(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.

(3)The Director General may supply poison under subsection (1) despite anything to the contrary in the Poisons Act 1964.

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 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 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 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 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 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 controlled under operational works carried out under this section.

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 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.

(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 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 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

(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 under the regulations or a management plan.

(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

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.

(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, 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 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.

(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 is appropriate and reasonably practicable to undertake, consult 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

(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 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 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 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.

(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.

(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.

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; 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 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, 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

(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 House after the report is received by the Minister.

Part 3 — Residues on land, chemical products and adulteration

Division 1 — Residues on land

52.Residue management notices

(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 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 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 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.

(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 a direction in a residue management notice that is binding on the owner or occupier commits an offence.

Penalty: $50 000.

(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 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 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 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 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

(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,

may apply to the State Administrative Tribunal for a review of the decision or refusal.

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 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

(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 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 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.

(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

(b)the person does not comply with those regulations.

Penalty: a fine of $50 000.

(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 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 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 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 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, 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,

commits an offence.

Penalty: a fine of $50 000.

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 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.

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 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 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 damages suffered by the purchaser; and

(b)may recover any money paid under the agreement.

Division 3 — Adulteration of agricultural products or animal feed

59.Meaning of terms used in this Division

(1)In this Division —

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; 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.

(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

(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 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.

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 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 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 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

(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.

(2)For the purposes of this section, making a statement includes conveying information by any means.

Part 4 — Inspection and compliance

Division 1 — Preliminary

63.Meaning of terms used in this Part

In this Part, unless the contrary intention appears —

dwellingmeans —

(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,

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;

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.

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 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;

(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;

(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

(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 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 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

(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 premises; and

(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 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 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

(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, 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 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 —

(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

(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 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 —

(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

(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 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 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 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 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 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, 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 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 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 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 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

(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 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 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 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 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, 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 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

(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 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 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 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 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

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 entry warrant.

(3)The application must be in accordance with section 69 and must include the prescribed information (if any).

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 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 —

(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; 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

(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.

(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 —

(c)it may be made in an unsworn form; and

(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.

(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 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

(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 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.

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 —

(a)a reasonably particular description of the place to which it relates; and

(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

(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.

(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 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 —

(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 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.

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 —

(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

(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 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

(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 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 thing; or

(ii)the organism is a declared pest; or

(iii)the organism, potential carrier, agricultural product, animal feed, fertiliser, chemical product 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 —

(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 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) —

(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

(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.

(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 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.

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 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 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 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 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.

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 organism or potential carrier, in accordance with the direction, to a place specified in the direction for it to be 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 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 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 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 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 —

(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 organism or is contaminated.

(2)A direction may be given under this section in relation to an organism, potential carrier, agricultural product, animal feed, 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 —

(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 specified means;

(c)produce evidence that a direction under paragraph (b) has been complied with.

(4)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 fine, the Director General taking remedial action under section 87, or both.

78.SAT review: section 77 direction

(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 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 Act, and section 25(7) of that Act applies accordingly.

(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

(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

(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 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,

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 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 failure to comply with the notice could result in a fine, 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 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 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.

(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.

(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 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 imported in contravention of section 15; or

(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 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 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 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 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 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 —

(a)be in writing; and

(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.

(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;

(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 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 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 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;

(e)to report to the Director General within the specified period on the action taken by the notified person under the notice.

(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.

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 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 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 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 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 section 79 or 84, the Director General may —

(a)take remedial action in accordance with section 94; and

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

Division 5 — General

88.Time and place for compliance

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.

(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.

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 —

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 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 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 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 same liability and protection as an inspector in relation to carrying out the functions.

92.O ffences

A person commits an offence if the person —

(a)without lawful excuse, wilfully obstructs, hinders or 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

(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

(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 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.

(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 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 objection having been made.

Division 6 — Remedial action by Director General

94.Taking remedial action