estern Australia
Seeds Act 1981
Reprinted as at 22 November 2002
What the reprint includes
Endnotes, Compilation table
1.Details about the original Act and legislation that has amended its text are shown in the Compilation table
2.Validation, transitional, savings, or other provisions identified in the Compilation table
3.A table
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table
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Western Australia
Seeds Act 1981
CONTENTS
Part I — Preliminary
1.Short title2
2.Commencement2
3.Interpretation2
4.Exemptions4
Part II — Statements relating to seed sold
5.Application of this Part5
6.Seed lot to be homogeneous5
7.Statement with crop seed sold5
8.Falsifying statement7
9.Claim as to quality7
10.Warranties8
11.Seed lot unlawfully sold9
Part III — Unsaleable seed
12.Prohibited seeds, and declared diseases and pests10
13.Sale of certain seed an offence10
Part IV — Administration
14.Inspectors and seed analysts11
15.Powers of inspectors11
16.Tampering with sample13
17.Obstructing, interfering with, or personating inspector13
Part V — Proceedings
18.Institution of prosecutions14
19.Evidence of person being an inspector or seed analyst14
20.Sample to represent whole14
21.Seed analyst’s report14
22.Prescribed method of analysis15
23.Sale through agent or employee16
24.Seed involved in commission of an offence17
Part VI — Miscellaneous
25.Request to sample19
26.Regulations19
27.Protection of officers22
29.Saving of other rights or remedies22
Notes
Compilation table23
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Reprinted under the Reprints Act 1984 as |
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Western Australia
Seeds Act 1981
An Act relating to the sale of certain seed and for connected purposes.
Part I — Preliminary
This Act may be cited as the Seeds Act 1981 1.
This Act shall come into operation on a day to be fixed by proclamation 1.
(1)In this Act, unless the contrary intention appears —
“crop seed” means a seed prescribed to be a crop seed;
“cultivar” means an assemblage of cultivated plants clearly distinguishable by morphological or physiological characteristics which characteristics are retained upon reproduction;
“declared disease” means a disease declared by the Minister under section 12 to be a declared disease;
“declared pest” means a pest declared by the Minister under section 12 to be a declared pest;
“Department” means the Department of the Public Service of the State through which the Minister administers this Act;
“germinable”, in relation to crop seed, means, under prescribed test conditions, exhibiting such growth characteristics as are prescribed for that purpose;
“inspector” means a person appointed under section 14 to be an inspector;
“name”, in respect of a crop seed or weed seed, means the recognized botanical name or the common name by reference to which the crop seed or weed seed is described when it is prescribed to be a crop seed or weed seed, as the case may be;
“officer” means a public service officer employed in the Department under the Public Sector Management Act 1994;
“package” includes sack, bag, bin, barrel, case, tin, jar, packet, parcel, tube, or other container in which seed is sold, and where the seed is encased in more than one container refers to the outside container;
“prohibited seed” means a seed declared by the Minister under section 12 to be a prohibited seed;
“section” refers to a provision of this Act
“seed analyst” means a person appointed under section 14 to be a seed analyst;
“seed lot”, in relation to a sale, means the seed the subject of the sale and any other seed, inert matter, or other thing with which it is mixed;
“sell” includes —
(a)barter, exchange, or give;
(b)expose or offer for sale, barter, exchange, or gift; and
(c)possess, deliver, or consign for the purposes of effecting, or deliver or consign pursuant to, any sale, barter, exchange, or gift,
or attempt to sell or do any of those things, and cognate expressions have corresponding meanings;
“subsection” means subsection of the section in which the word is used; and
“weed seed” means a seed prescribed to be a weed seed.
(2)In determining, for the purposes of this Act
(a)that which is to be taken as being a seed shall, subject to paragraph (b), be as prescribed in the regulations; and
(b)where there is any pelleting material adhering to the seed, the mass of the seed shall not be taken to include the mass of such material.
(3)In computing a period of time specified in section 21 or 23, Saturdays, Sundays, and any day that is, by or under the Public and Bank Holidays Act 1972, appointed to be a public holiday or a bank holiday, shall not be included in the period.
[Section 3 amended by No. 32 of 1994 s. 19.]
(1)Parts II and III
(2)Parts II and III
Part II — Statements relating to seed sold
(1)This Part does not apply in relation to the sale of seed where the seed lot sold has a mass less than the mass prescribed in respect of each crop seed contained in the seed lot.
(2)This Part does not apply in relation to the sale of a seed lot —
(a)if the seller has obtained a written declaration from the person to whom the seed lot is sold to the effect that the seed lot is not intended to be used for sowing and that the person to whom the seed lot is sold is aware that the sale is not subject to this Part; or
(b)where no agreement for sale has yet been entered into, if measures were taken sufficient to ensure that every prospective purchaser knew that the seed lot was not suitable to be used for sowing.
A person shall not sell a seed lot unless it is thoroughly mixed so that it is as close to being homogeneous as is reasonably practicable.
Penalty: $1 000.
[Section 6 amended by No. 20 of 1989 s. 3.]
7.Statement with crop seed sold
(1)A person shall not sell any seed lot containing 2% or more, by mass, of a particular crop seed unless at all times during which it is being sold —
(a)if the seed lot is sold in a package, the package bears a label containing a statement in accordance with subsection (2);
(b)if the seed lot is not sold in a package, the seed lot is accompanied by a document clearly identifying the seed lot to which it relates and containing a statement in accordance with subsection (2).
Penalty: $2 000.
(2)The statement required by this section shall be printed legibly and indelibly in Roman or bold type of a size not less than 8 point and shall include —
(a)a designation or code or other information sufficient to identify the seed lot;
(b)the name of any prescribed chemical additive contained in the seed lot and a description of the purpose for which it is added;
(c)the aggregate mass of the seed lot sold;
(d)in respect of each crop seed contained in the seed lot in a proportion of 2% or more, by mass, —
(i)the name of that crop seed;
(ii)the proportion, by mass, in which that crop seed is contained in the seed lot; and
(iii)the minimum proportion, by count of that crop seed that is germinable;
(e)in respect of each weed seed contained in the seed lot —
(i)the name of that weed seed; and
(ii)the maximum proportion in which that weed seed is contained in the seed lot expressed as a number of seeds per mass of the seed lot;
and
(f)the maximum proportion, by mass, in which all seed not named under paragraph (d)
(3)A person shall not sell any seed lot in a package bearing a label, or accompanied by a document relating to that seed lot, which label or document specifies any particular crop seed as being contained in the seed lot unless the proportion, by mass, in which that crop seed is contained in the seed lot is stated in the label or document.
Penalty: $1 000.
(4)A statement required by this section that contains an inaccuracy as to the contents of the seed lot to which it relates is, notwithstanding that inaccuracy, deemed to be in accordance with this section if the inaccuracy is within such tolerance as may be prescribed for that purpose.
[Section 7 amended by No. 5 of 1982 s. 2; No. 20 of 1989 s. 3.]
A person shall not falsify or render illegible all or any part of a statement made for the purposes of section 7.
Penalty: $2 000.
[Section 8 amended by No. 20 of 1989 s. 3.]
(1)Where a seed lot contains a particular crop seed —
(a)in a proportion, by mass, not less than that prescribed for the purpose; and
(b)of which the proportion, by count, that is germinable seed is not less than that prescribed for the purpose,
and the seed lot does not contain seed, other than that particular crop seed, in a proportion, by mass, greater than that prescribed for the purpose, the label or document required by section 7 may, in addition to the statement required by that section, contain a claim that the crop seed is of “select quality”.
(2)A person shall not sell any seed lot in a package bearing a label, or accompanied by a document relating to that seed lot, which label or document contains the words “select quality” except in accordance with subsection (1).
Penalty: $1 000.
(3)A person shall not sell any seed lot in a package bearing a label, or accompanied by a document relating to that seed lot, which label or document contains words, other than “select quality”, purporting to favourably describe the quality of the seed lot.
Penalty: $1 000.
[Section 9 amended by No. 5 of 1982 s. 3; No. 20 of 1989 s. 3.]
(1)Where the seed lot to which a statement appearing to have been made under section 7 relates —
(a)is not a seed lot in relation to which the statement is properly made in accordance with that section; or
(b)contains any prohibited seed, declared pest, or anything infected with a declared disease,
the person selling the seed lot, or each of them if there be more than one, shall be taken to have warranted to the purchaser of the seed lot that it is a seed lot such that the statement could be properly made in relation to it in accordance with section 7, and that it does not contain any prohibited seed, any declared pest, or anything infected with a declared disease.
(2)Where a statement appearing to have been made under section 7 in relation to a seed lot contains a claim that the seed lot is of “select quality”, the person selling the seed lot, or each of them if there be more than one, shall be taken to have warranted to the purchaser of the seed lot that it is of the quality required by section 7 for a seed lot in respect of which such a claim may be made.
(3)The provisions of this section
(4)Nothing in this section affects the liability of a person to whom this section applies to be proceeded against and punished for an offence against this Act.
Without limiting section 10, where a seed lot is sold contrary to any provision of this Act
(a)any money paid by him
(b)any money reasonably paid by him
Part III — Unsaleable seed
12.Prohibited seeds, and declared diseases and pests
(1)The Minister may —
(a)declare seed to be prohibited seed;
(b)declare diseases to be declared diseases; or
(c)declare pests to be declared pests,
(2)A declaration under subsection (1) shall be published in the Government Gazette
13.Sale of certain seed an offence
A person shall not sell a seed lot containing —
(a)any prohibited seed;
(b)any declared pest; or
(c)anything infected with a declared disease.
Penalty: For a first offence, $1 000; for any subsequent offence, $2 000.
[Section 13 amended by No. 20 of 1989 s. 3.]
Part IV — Administration
14.Inspectors and seed analysts
(1)The Minister may appoint persons, including officers, to be inspectors or seed analysts for the purposes of this Act
(2)Every person appointed under subsection (1) shall be furnished with a certificate of his
[Section 14 amended by No. 9 of 1998 s. 17.]
An inspector —
(a)shall have reasonable access at any time to any place at which the inspector has reason to suspect that there is any seed lot that is, has been, or is intended to be, made the subject of a sale to which this Act applies;
(b)may inspect any seed lot that is being conveyed by railway or any other means of transport, where the inspector has reason to suspect that the seed lot is the subject of a sale to which this Act applies;
(c)may examine any package containing a seed lot, and take samples of any seed lot, where the inspector has reason to suspect that the seed lot is or has been the subject of a sale to which this Act applies;
(d)may, for the purposes of analysis, remove any sample taken under this section without paying for it;
(e)may demand from the person to whom a seed lot is sold or from any other person having possession of a seed lot the name of the person by whom the seed lot was sold, and the production for inspection of any invoices or other documents connected with the sale;
(f)may, where the inspector has reason to suspect that there has been a contravention of this Act
(g)may, where the inspector has reason to suspect that there has been a contravention of this Act
(i)the order is revoked by an inspector;
(ii)the seed lot is seized and removed under paragraph (f); or
(iii)any prosecution under this Act in respect of the suspected contravention has been determined or, where no such prosecution has been brought, the time for bringing such a prosecution has expired,
whichever occurs first;
(h)may weigh, count, measure, gauge, or mark any seed lot or the package containing it, and fasten, secure, and seal the package; and
(j)may do anything required or permitted by the regulations to be done in connection with, or for the purposes of, the exercise of any power conferred by this section or the analysis of any sample taken under this section.
A person shall not —
(a)tamper with any package containing a seed lot so as to procure that any sample taken under this Act does not correctly represent the contents of the package;
(b)tamper with any sample taken under this Act.
Penalty: $2 000.
[Section 16 amended by No. 20 of 1989 s. 3.]
17.Obstructing, interfering with, or personating inspector
A person shall not —
(a)in any way obstruct or interfere with an inspector in the discharge of any of his
(b)assault or intimidate, or give, procure, offer, or promise any bribe, recompense, inducement or reward to influence an officer in the discharge of any of his
(c)refuse to allow an inspector to take any sample sought to be taken in accordance with this Act;
(d)retake any seed lot or seed seized or taken under this Act, resist or prevent such seizure or taking, or, except in accordance with the written authority of an inspector, move or otherwise deal with any seed lot the subject of an order under section 15(
(e)except in accordance with the written authority of an inspector, alter, erase, or remove any mark or open, break, or remove any fastening or seal, placed by an inspector in pursuance of this Act
Penalty: For a first offence, $1 000; for any subsequent offence, $2 000.
Part V — Proceedings
18.Institution of prosecutions
(1)A prosecution for an offence against this Act may be instituted by any person authorised in that behalf by the Minister.
(2)There shall be served with the summons issued upon complaint of an offence a copy of any seed analyst’s report intended to be used by the prosecution in the proceedings in respect of the offence, and service of a copy of the report may be proved in the same manner as is service of the summons.
19.Evidence of person being an inspector or seed analyst
In any civil or criminal proceedings brought under this Act or otherwise with respect to any seed or seed lot that has been, or any sample of which has been, analysed under this Act, parol evidence that any person is a seed analyst or an inspector or other officer upon whom authority is conferred under this Act shall be sufficient.
Where in any civil or criminal proceedings brought under this Act or otherwise proof is given of the contents of any sample analysed under this Act and that the sample was taken in the prescribed manner, the sample shall be taken to be representative of the material sampled.
(1)In any civil or criminal proceedings brought under this Act or otherwise a report purporting to be signed by a seed analyst stating the result of the analysis of a sample is, without proof of the signature of the person purporting to have signed the report or that that person is a seed analyst, sufficient evidence —
(a)that the contents of the sample are as set out in the report; and
(b)that the sample was analysed in the prescribed manner,
and, where the report contains a statement that the sample was taken under this Act by an inspector, sufficient evidence —
(c)that the sample was taken in the prescribed manner; and
(d)that the sample was taken from the material identified in the report as the material sampled.
(2)Where in any civil or criminal proceedings other than proceedings for an offence against this Act a person intends to use a seed analyst’s report, he
(a)the person intending to use the seed analyst’s report; and
(b)the seed analyst who made the report,
to the effect that he
(3)In proceedings for an offence against this Act the defendant shall not adduce evidence in rebuttal of a seed analyst’s report in relation to any matter of which the report is, pursuant to subsection (1), sufficient evidence unless, within 4 days after a copy of the report is served on him
22.Prescribed method of analysis
Where a method is prescribed in regulations made under this Act to be used in making an analysis of a sample of seed or material containing seed, evidence shall not be given in any civil or criminal proceedings brought under this Act or otherwise of the result of such an analysis, whether made by a seed analyst or not, unless —
(a)it is a report of a seed analyst to which section 21(
(b)it is first proved that in making the analysis the method so prescribed was followed.
23.Sale through agent or employee
(1)For the purposes of this Act
(2)In proceedings for an offence against this Act the defendant, upon complaint made by him
(a)the original defendant proves that the contravention was due to the act or default of that other person, that other person may be convicted of the offence; and
(b)the original defendant further proves that he
(3)Where a defendant seeks to avail himself
(a)cross‑examine the defendant, if the defendant gives evidence, and any witness called by the defendant; and
(b)adduce evidence in rebuttal of the evidence adduced by the defendant.
(4)Where it appears to a person authorised to institute a prosecution for an offence against this Act (in this subsection referred to as “the prosecutor”) that an offence has been committed in respect of which proceedings might be taken under this Act against a person (in this subsection referred to as “the offender”), and the prosecutor is reasonably satisfied —
(a)that the offence was due to an act or default of another person; and
(b)that the offender could establish a defence under subsection (2),
the prosecutor may institute proceedings against that other person in respect of the offence without first proceeding against the offender, and, in proceedings so instituted, that other person may be charged with, and, on proof that the contravention was due to his
24.Seed involved in commission of an offence
Where a person is convicted of an offence against this Act in relation to a seed lot the court may, in addition to any other order it may make in respect of the offence —
(a)adjudge that the seed lot, together with the package in which it is contained, be forfeited to the Crown, whereupon it may be dealt with or disposed of as the Minister directs;
(b)order that the seed lot be treated or cleaned as specified in the order and the order may make provision as to the payment of the cost of the treatment or cleaning; or
(c)except where the seed lot was found to contain prohibited seeds, order that the seed lot be returned in a closed container to the property on which it was grown.
Part VI — Miscellaneous
Any person may submit to the Department, together with the prescribed fee, a request for the analysis of a seed sample provided by that person, and the Department may —
(a)cause a seed analyst to analyse the sample and provide the person with a report of the result of the analysis; or
(b)if the Department cannot comply with the request, return the sample provided and the fee paid.
(1)The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for giving effect to the purposes of this Act
(a)prescribing seed to be crop seed and, in respect of each crop seed, prescribing the mass of a seed lot containing that crop seed below which mass Part II
(b)prescribing seed to be weed seed;
(c)prescribing the methods to be used —
(i)in taking samples of seed for analysis; and
(ii)in making analyses of samples of seed,
and prescribing the growth characteristics to be exhibited by crop seed that is to be taken as germinable within the meaning of this Act
(d)prescribing fees to be paid —
(i)for an analysis requested under section 25 and a report of the result of that analysis;
(ii)for an additional copy of a report mentioned in subparagraph (i); and
(iii)for a copy of any other report under this Act;
(e)making provision as to the exercise and discharge of the powers and duties of inspectors and seed analysts under this Act;
(f)prescribing the manner in which packages shall be labelled for the purposes of this Act
(g)authorising the Minister to prepare and conduct schemes for the purpose of testing and certifying —
(i)the cultivar of any kind of crop seed;
(ii)the resistance of any crop seed to any disease or to any other adverse factor;
(iii)the freedom of any crop seed from disease and pests;
(iv)the proportion of any crop seed contained in any material tested;
(v)the proportion of any crop seed that is germinable;
(vi)the proportion of any weed seed contained in any material tested; and
(vii)that the material tested is of such quality that, upon its sale, it may, in accordance with section 9(
and any such scheme may include provision as to the fees payable by participants in the scheme in connection with matters associated with that scheme, and to direct that any person who has committed an offence against this Act in relation to such a scheme shall be temporarily or permanently disqualified from participating in such a scheme, or may only participate in such a scheme subject to conditions or limitations specified by the Minister;
(h)providing that an offence is committed by a person participating in a scheme prepared and conducted under paragraph (g)
(j)making provision as to the registration of seed processing works at which seed may be treated and packed for certification under a scheme prepared and conducted under paragraph (g), which may include provision —
(i)for the annual renewal of any such registration;
(ii)as to the operation of the works;
(iii)for the suspension or cancellation by the Minister of the registration of any works at any time if it is not operated in accordance with the regulations; and
(iv)for the payment of such fees for registration, and for each renewal of registration, as are prescribed;
(k)prohibiting the use of any of the words “certified”, “certificated”, “disease‑resistant”, “disease‑immune”, “wilt‑resistant”, “wilt‑immune”, or any other words implying the existence of genetically-carried morphological or physiological characteristics, in any label, invoice, circular, advertisement, or other document in relation to any seed lot unless —
(i)the seed lot has been tested and certified pursuant to a scheme prepared and conducted under paragraph (g); or
(ii)the seed lot has been certified under a seed certification scheme prescribed for the purposes of this subparagraph
(l)prescribing forms to be used for the purposes of this Act
(m)prescribing a penalty of not more than $2 000 for any offence against the regulations.
(2)In prescribing a seed to be a crop seed or a weed seed under subsection (1)(a) or (b), the seed may be described by referring, in addition to its recognized botanical name, to a name by which the seed is commonly known.
[Section 26 amended by No. 20 of 1989 s. 3.]
Any person who is or has been a seed analyst, inspector, or other officer, shall not be personally liable in civil proceedings and the Crown in right of the State is not liable, for any act done or omission made by him
[28.Omitted under the Reprint Act 1984 s. 7(4)(f).]
29.Saving of other rights or remedies
Except as is expressly provided in this Act, nothing in this Act nor any prosecution instituted under this Act shall have the effect of limiting, restricting or otherwise affecting any right or remedy a person would have had if this Act had not been enacted.
Notes
1This reprint is a compilation as at 22 November 2002 of the Seeds Act 1981 and includes the amendments made by the other written laws referred to in the following table
Short title |
Number and year |
Assent |
Commencement |
Seeds Act 1981 |
35 of 1981 |
25 Aug 1981 |
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Seeds Amendment Act 1982 |
5 of 1982 |
6 May 1982 |
6 May 1982 |
Agricultural Legislation (Penalties) Amendment Act 1989 s. 3 |
20 of 1989 |
1 Dec 1989 |
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Acts Amendment (Public Sector Management) Act 1994 s. 19 |
32 of 1994 |
29 Jun 1994 |
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Agricultural Legislation Amendment and Repeal Act 1998 Pt. 7 |
9 of 1998 |
30 Apr 1998 |
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By Authority: JOHN A. STRIJK, Government Printer