Plant Protection Act 1989

An Act about preventing, controlling and removing pest infestation of plants, and for related purposes

Title sub 1996 No. 14 s 4

pt hdg ins 1996 No. 14 s 3 sch

1Short title

This Act may be cited as the Plant Protection Act 1989 .

2Objectives of Act

The main objectives of this Act are to—

(a)prevent, control or remove pest infestation of plants in Queensland; and

(b)help other jurisdictions prevent, control or remove plant pests, diseases, pest infestations, infections or conditions; and

(c)facilitate the movement of plants into and out of Queensland.

s 2 prev s 2 om 1993 No. 32 s 3 sch 1

pres s 2 ins 1996 No. 14 s 5

3Definitions

Note—prev s 3 contained definitions for this Act. Definitions are now located in the schedule—Dictionary.

The dictionary in schedule 2 defines particular words used in this Act.

s 3 amd 1991 No. 20 s 14.2(b); 1993 No. 32 s 3 sch 1; 1996 No. 14 s 3 sch

(2)–(3B) renum as s 4 (1)–(4) 1996 No. 14 s 3 sch

(4) renum as s 5 1996 No. 14 s 3 sch

amd 2002 No. 36 s 21; 2004 No. 24 s 3

4Pest declarations

(1)If the Governor in Council is satisfied that—

(a)an organism of the plant or animal kingdom (other than vertebrates); or

(b)a virus or viroid; or

(c)a disorder, condition or cause of specified symptoms in plants;

(an undeclared pest) is harmful to the growth or quality (including the commercial or marketable quality) of crop plants, the Governor in Council may, by regulation, prescribe the undeclared pest to be a pest for the purposes of this Act.

(2)If the Minister is of the opinion—

(a)that—

(i)an organism of the plant or animal kingdom (other than vertebrates); or

(ii)a virus or viroid; or

(iii)a disorder, condition or cause of specified symptoms in plants;

(an undeclared pest) is harmful to the growth or quality (including the commercial or marketable quality) of crop plants; and

(b)that the circumstances require that urgent action should be taken to declare the undeclared pest to be a pest;

the Minister may, by notice, declare the undeclared pest to be a pest for the purposes of this Act.

(3)A notice under subsection (2) remains in force until whichever of the following first happens—

(a)the commencement of a regulation prescribing the undeclared pest to be a pest for the purposes of this Act;

(b)the end of 3 months.

(4)A notice under subsection (2) is subordinate legislation.

s 4 prev s 4 om 1995 No. 58 s 4 sch 1

pres s 4 (prev s 3 (2)–(3B)) renum 1996 No. 14 s 3

amd 1996 No. 14 s 3 sch; 2002 No. 36 s 22

5Exercise of pest infestation powers

For the purpose of the exercise by any person of any power under this Act that may be exercised by the person in relation to land or a matter or thing that is infested with a pest, it shall be deemed that the land, matter or thing in question is infested with a pest if it is subject to pest infestation or if, in the opinion of the person, having regard to—

(a)the proximity of the land, matter or thing in question to a known outbreak of a pest infestation of any land, matter or thing; and

(b)the degree to which the known outbreak of the pest infestation has advanced; and

(c)the ability of the pest in question to spread and the means by which the pest in question is known to spread; and

(d)the degree of possibility that the land, matter or thing in question is subject to pest infestation whether or not the pest infestation is evident;

it is desirable to deem that the land, matter or thing is infested with pest.

s 5 prev s 5 om 1996 No. 14 s 7

pres s 5 (prev s 3 (4)) renum 1996 No. 14 s 3 sch

amd 2007 No. 36 s 2 sch

6Power for corresponding laws

The chief executive or an inspector may—

(a)exercise functions or powers under a corresponding law; and

(b)do anything necessary or convenient to perform functions under a corresponding law.

s 6 sub 1996 No. 14 s 7

pt hdg ins 1996 No. 14 s 7

sub 2004 No. 24 s 4

div hdg ins 2004 No. 24 s 4

6AAppointing inspectors

(1)The chief executive may appoint a person as an inspector.

(2)The chief executive may appoint a person as an inspector only if the chief executive is satisfied the person has the necessary expertise or experience.

s 6A ins 1992 No. 68 s 3 sch 1

amd 1995 No. 58 s 4 sch 1

sub 1996 No. 14 s 7

6BLimiting inspectors’ powers

The powers of an inspector may be limited under—

(a)a regulation; or

(b)a condition of appointment; or

(c)a written notice given by the chief executive to the inspector.

s 6B ins 1996 No. 14 s 7

6CInspectors’ appointment conditions

(1)An inspector holds office on the conditions stated in the instrument of appointment and other limitations mentioned in section 6B.

(2)If the appointment provides for a term of appointment, the inspector stops holding office at the end of the term.

(3)The inspector may resign by signed notice of resignation given to the chief executive.

(4)However, a person may not resign as an inspector if a term of appointment to another office held by the person under an Act requires the person to be an inspector.

(5)The conditions of appointment may provide that the inspector stops holding office when the inspector stops holding another office stated in the appointment conditions.

s 6C ins 1996 No. 14 s 7

div hdg ins 2004 No. 24 s 5

6DAppointing authorised persons

(1)The chief executive may appoint an individual as an authorised person.

(2)However, an individual may be appointed as an authorised person only if—

(a)the individual is—

(i)a public service officer or employee; or

(ii)included in a class of individual declared under a regulation to be an approved class of individual for this section; and

(b)the chief executive is satisfied the individual has—

(i)the necessary expertise or experience to be an authorised person; or

(ii)satisfactorily finished training approved by the chief executive.

(3) Subsection (2) does not limit the issues the chief executive may consider when deciding whether to appoint an individual as an authorised person.

s 6D ins 2004 No. 24 s 5

6EFunctions

The functions of an authorised person are limited to acting in pest surveillance programs as provided for in part 3, division 4.

s 6E ins 2004 No. 24 s 5

6FAppointment conditions and limit on powers

(1)An authorised person holds office on any conditions stated in—

(a)the authorised person’s instrument of appointment; or

(b)a signed notice given to the authorised person; or

(c)a regulation.

(2)Without limiting subsection (1), the instrument of appointment, a signed notice given to the authorised person or a regulation may—

(a)limit the authorised person’s functions or powers under this or another Act; or

(b)require the authorised person to give the chief executive stated information or a report about the performance of the authorised person’s functions or the exercise of the authorised person’s powers.

(3)In this section—

signed notice means a notice signed by the chief executive.

s 6F ins 2004 No. 24 s 5

6GWhen authorised person ceases to hold office

(1)An authorised person ceases to hold office if any of the following happens—

(a)the term of office stated in a condition of office ends;

(b)under another condition of office, the authorised person ceases to hold office;

(c)the authorised person’s resignation under section 6H takes effect.

(2) Subsection (1) does not limit the ways an authorised person may cease to hold office.

(3)In this section—

condition of office means a condition on which the authorised person holds office.

s 6G ins 2004 No. 24 s 5

6HResignation

An authorised person may resign by signed notice given to the chief executive.

s 6H ins 2004 No. 24 s 5

div hdg ins 2004 No. 24 s 5

6IIssue of identity card

(1)The chief executive must issue an identity card to each relevant officer.

(2)The identity card must—

(a)contain a recent photo of the relevant officer; and

(b)contain a copy of the relevant officer’s signature; and

(c)identify the relevant officer as an inspector or authorised person under this Act; and

(d)state an expiry date for the card.

(3)This section does not prevent the giving of a single identity card to a relevant officer for this Act and other purposes.

s 6I ins 2004 No. 24 s 5

6JProduction or display of identity card

(1)In exercising a power under this Act in relation to another person, a relevant officer must—

(a)produce the relevant officer’s identity card for the other person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the other person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the relevant officer must produce the identity card for the other person’s inspection at the first reasonable opportunity.

s 6J ins 2004 No. 24 s 5

6KReturn of identity card

A person who ceases to be a relevant officer must return the person’s identity card to the chief executive within 21 days after ceasing to be a relevant officer unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

s 6K ins 2004 No. 24 s 5

pt hdg ins 1996 No. 14 s 7

div hdg ins 1996 No. 14 s 7

6LPurpose of powers

This division provides powers to prevent, control or remove pest infestation of plants.

s 6L (prev s 6D) ins 1996 No. 14 s 7

renum 2004 No. 24 s 6

6MMeaning of business movement for area

(1)The movement of a plant is a business movement for an area if all the following circumstances apply—

(a)the movement is—

(i)into or out of the area; or

(ii)within the area, because the plant is brought on to or moved from a parcel of land in the area;

(b)the movement—

(i)happens after the area becomes a pest quarantine area under a notice or regulation; or

(ii)happened less than 7 years before the area became a pest quarantine area under a notice or regulation;

(c)the plant is of a variety capable of being a host of the pest the subject of a pest infestation for which the area is declared to be a pest quarantine area under the notice or regulation;

(d)the movement is for trade or business, but happens before the plant comes into the possession of a consumer.

Examples of movement for paragraph (d)—

movement to or from a person who wholesales, ripens, packs, or distributes fruit, or movement to a person who retails fruit

(2)To remove any doubt, it is declared that, under this section, a movement can be a business movement for an area even though—

(a)the area became a pest quarantine area after the movement happened; or

(b)the area stops being a pest quarantine area.

s 6M ins 2004 No. 24 s 7

6NMeaning of business document for area

(1)A document is a business document for an area if the document—

(a)contains information about, or that in any way is evidence of, a business movement for the area; and

(b)is or forms part of a record relating to the trade or business the subject of the business movement; and

(c)was created in the course of the trade or business.

(2)To remove any doubt, it is declared that it is not possible for a document to be a business document for an area unless the area—

(a)is a pest quarantine area when the document is created; or

(b)becomes a pest quarantine area after the document is created.

s 6N ins 2004 No. 24 s 7

6OMeaning of serious pest

A pest is a serious pest if—

(a)it is listed in schedule 1; or

(b)it has been declared under section 6P to be a serious pest, and the declaration is still in force.

s 6O ins 2004 No. 24 s 7

6PDeclaration of pest as serious pest by regulation or gazette notice

(1)A regulation may declare a pest to be a serious pest.

(2)The Minister may by gazette notice declare a pest to be a serious pest.

(3)The Minister may act under subsection (2) only if the Minister is satisfied on reasonable grounds that—

(a)the pest, if not eradicated, would cause significant public losses, either—

(i)directly, through serious loss of amenity or environmental values, or serious effects on households; or

(ii)indirectly, through very severe economic impacts on regions and the State economy; or

(iii)through trade losses with flow-on effects through the State economy; and

(b)the declaration of the pest as a serious pest is necessary in the interests of the prevention, control or removal of pest infestation of plants under this Act.

(4)A gazette notice under subsection (2) stays in force until the first of the following to happen—

(a)the gazette notice is revoked;

(b)3 months elapse after publication of the gazette notice;

(c)a declaration of the pest as a serious pest comes into force under a regulation.

s 6P ins 2004 No. 24 s 7

7Registration of certain places

(1)A regulation may be made requiring every farm or other place of a specified type where a specified type of plant is grown to be registered under the regulation.

(2)The regulation may specify—

(a)who must register the farm or place; and

(b)the way in which the farm or place must be registered; and

(c)a registration fee.

s 7 sub 1993 No. 32 s 3 sch 1

amd 1996 No. 14 s 3 sch

8Control over introduction of pests

(1)The Governor in Council may by regulation, or, if the Minister considers urgent action is needed, the Minister may by notice—

(a)prohibit the introduction into Queensland of any plant, soil, appliance or other matter or thing if it is in a condition of pest infestation prescribed therein or upon failure to comply with conditions prescribed therein reasonably necessary to prevent, control or eradicate pest infestation of crop plants; or

(b)prohibit the introduction into Queensland of any pest; or

(c)authorise the introduction into Queensland of any such matter or thing as is referred to in paragraphs (a) and (b) upon such conditions imposed under a regulation as are reasonably necessary to prevent, control or eradicate pest infestation of crop plants.

(2)A notice under subsection (1) is subordinate legislation.

(3)A notice under subsection (1) remains in force until whichever of the following first happens—

(a)the commencement of a regulation under subsection (1) in relation to the same matter;

(b)the end of 3 months.

(4)A person must not contravene a regulation or notice under this section.

Maximum penalty—2000 penalty units.

(5)In this section—

introduction into Queensland includes introduction into Queensland generally, from a place outside Australia and from another State.

s 8 amd 1993 No. 32 s 3 sch 1; 1996 No. 14 s 3 sch; 2002 No. 36 s 23; 2004 No. 24 s 8; 2007 No. 36 s 2 sch

9Control over spread of pest infestations within Queensland

(1)The Governor in Council may by regulation, or, if the Minister considers urgent action is needed, the Minister may by notice, prohibit the movement of any plant, soil, appliance or other specified matter—

(a)from a place in Queensland to another place in Queensland; or

(b)from a place within a specified part of Queensland to another place in that part of Queensland; or

(c)into or out of a specified part of Queensland; or

(d)to or from a specified place; or

(e)from a place within a farm, orchard, holding or other specified place to another specified place.

(2)A notice under subsection (1) is subordinate legislation.

(3)A notice under subsection (1) remains in force until whichever of the following first happens—

(a)the commencement of a regulation under subsection (1) in relation to the same matter;

(b)the end of 3 months.

(4)A person must not contravene a regulation or notice under this section.

Maximum penalty for subsection (4)—2000 penalty units.

s 9 sub 1993 No. 32 s 3 sch 1

amd 1996 No. 14 ss 8, 3 sch; 2002 No. 36 s 24; 2004 No. 24 s 9

10Crop plant district

(1)A regulation may—

(a)declare any part or parts of the State to be a crop plant district on terms that define a crop plant for which it is declared (the declared crop plant); or

(b)vary the area of any crop plant district; or

(c)abolish a crop plant district.

(2)For a crop plant district, the Minister, may by notice, give directions the Minister considers necessary or desirable to prevent, control or remove pest infestation of the declared crop plant, including directions—

(a)establishing periods of the year in which the crop plant may be planted or grown and prohibiting the planting or growing of the crop plant at any other time absolutely or except in accordance with conditions imposed by or under the provisions of the notice; or

(b)ordering the eradication in accordance with the provisions of the notice of crop plants from which the crop has been harvested, volunteer plants, crop residues and seedlings no longer suitable for planting; or

(c)prohibiting or regulating the removal of a crop plant into or out of the district; or

(d)prohibiting or regulating the movement of a crop plant from one place in the district to another place therein; or

(e)prohibiting the planting of varieties of a plant that are in the Minister’s opinion susceptible to pest infestation or which favour the continued existence or spread of a pest; or

(f)prohibiting or regulating or requiring the application of pest control measures specified by or under the provisions of the notice.

(3)An inspector may give such directions and take all such action as may be necessary or convenient to ensure compliance with notice under subsection (2).

(4)A notice under subsection (2) is subordinate legislation.

(5)A person must not contravene a notice under subsection (2).

Maximum penalty—250 penalty units.

s 10 amd 1993 No. 32 s 3 sch 1; 1996 No. 14 ss 9, 3 sch; 2007 No. 36 s 2 sch

11Pest quarantine area

(1)The Governor in Council may by regulation, or, if the Minister considers urgent action is needed, the Minister may by notice, declare any area to be a pest quarantine area and may define the boundaries of the quarantine area so declared.

(2)A regulation or notice under subsection (1) may declare the objects and nature of the quarantine imposed for a pest quarantine area including—

(a)a pest infestation for which the quarantine is declared; and

(b)the duties and obligations imposed upon owners of land within the pest quarantine area or part thereof or imposed upon any other person in order to achieve the objects of the quarantine; and

(c)the prohibitions and restrictions imposed for the movement within or into or out of the pest quarantine area or part thereof of any pest, plant, soil, appliance or other matter or thing.

(2A)In declaring, for subsection (2) (b), the duties and obligations imposed on owners of land, or on any other person in order to achieve the objects of the quarantine, a regulation or notice under subsection (1)—

(a)may include requirements for—

(i)the treatment or destruction of plants, including plants that are not the subject of pest infestation; or

(ii)the treatment of any soil or appliance, or of anything else; and

(b)may include requirements for some or all of the treatment or destruction mentioned in paragraph (a) be performed by, or under the direction of, an inspector; and

(c)may include a requirement for the cost of treatment or destruction performed by, or under the direction of, an inspector to be at the cost of the owners or the other person; and

(d)may include requirements applying to any person—

(i)who is not the owner of any land, plant, soil or appliance, or of anything else, in the pest quarantine area; or

(ii)who is not otherwise associated with the pest quarantine area.

(2B)A regulation or notice under subsection (1) may—

(a)establish 2 or more categories for areas within the pest quarantine area; and

(b)declare any area within the pest quarantine area, or provide for the chief executive to declare any area within the pest quarantine area, to be an area of a particular category; and

(c)provide for different requirements to apply for areas of different categories.

(3)A notice under subsection (1) is subordinate legislation.

(4)Instead of there being a regulation or notice under subsection (1) declaring particular land to be a pest quarantine area or a part thereof, the Minister may accept an undertaking in the approved form given by the owner that the owner shall comply with conditions imposed by the Minister in respect of the undertaking either at the time of the acceptance or thereafter.

(5)An owner who gives an undertaking for the purposes of subsection (4) shall comply with the conditions imposed from time to time by the Minister in respect thereof.

(6)Land may be declared to be a pest quarantine area or part thereof pursuant to subsection (1) notwithstanding that an undertaking in respect thereof has previously been accepted by the Minister pursuant to subsection (4).

(7)An inspector may give a direction, or may take an action, if the direction or action is necessary or convenient to ensure a person complies with, or to allow a person to be exempted from—

(a)a regulation or notice under subsection (1); or

(b)the conditions imposed for an undertaking given under this section; or

(c)the declared objects of a quarantine imposed under a regulation or notice under subsection (1).

(8) Subsection (7) does not limit another provision of this Act.

(9)A notice under subsection (1) remains in force until whichever of the following first happens—

(a)the commencement into effect of a regulation under subsection (1) in relation to the same matter;

(b)the end of 3 months.

(10)A person must not—

(a)contravene a regulation or notice made for the purposes of this section; or

(b)contravene a condition imposed by the Minister under subsection (4); or

(c)contravene a direction given by an inspector under subsection (7); or

(d)obstruct an inspector in the exercise of powers under this section.

Maximum penalty for subsection (10)—2000 penalty units.

s 11 amd 1993 No. 32 s 3 sch 1; 1995 No. 58 s 4 sch 1; 1996 No. 14 s 3 sch; 2002 No. 36 s 25; 2004 No. 24 s 10; 2007 No. 36 s 2 sch

11AApproved plant variety

(1)The chief executive may declare—

(a)a variety of a plant (the approved plant variety) for planting or cultivating in a pest quarantine area (the relevant quarantine area); and

(b)the way, and the conditions under which, the approved plant variety may be planted or cultivated in the relevant quarantine area.

(2)A declaration mentioned in subsection (1) is an approved plant declaration.

(3)The chief executive may decide to make an approved plant declaration only if the chief executive is satisfied the planting or cultivating of the approved plant variety will not spread the pest the subject of the relevant quarantine area (the quarantine area pest) to a crop plant within the relevant quarantine area.

(4)The chief executive must, when making a decision under subsection (1), consider the following things—

(a)the resistance or susceptibility of the approved plant variety to the quarantine area pest;

(b)whether the approved plant variety is a host of the quarantine area pest;

(c)all other relevant circumstances, including, for example—

(i)whether, and to what extent, the quarantine area pest would be visible on the approved plant variety; and

(ii)whether the approved plant variety shows any symptoms of pest infestation; and

Example—

A particular variety of bananas shows dark green marks on the underside of the leaf and at the bottom of the flower bell on the plant if it is infested with banana bunchy top virus.

(iii)the way the quarantine area pest is spread; and

(iv)the likelihood of its spread.

(4A) Subsections (3) and (4), other than the requirement to consider relevant circumstances under subsection (4) (c), do not apply if the chief executive is satisfied it is no longer possible to prevent or control the spread of the quarantine area pest in Queensland.

(4B)If all of Queensland is the subject of a pest quarantine area for any pest, an approved plant declaration may be made even if the planting or cultivating of an approved plant variety under the declaration may spread the pest to a crop plant within the relevant quarantine area.

(5)An approved plant declaration is subordinate legislation.

(6)An inspector may give directions and take action as may be necessary or convenient to ensure compliance with, or permit exemption from, an approved plant declaration.

(7) Subsection (6) does not limit another provision of this Act.

(8)If—

(a)the Minister has, by notice under section 11 (2), declared the relevant quarantine area; and

(b)a regulation in relation to the same matter has not, under section 11 (1), commenced within 3 months after the Minister makes the notice;

the approved plant declaration remains in force until the notice lapses.

(9)A person must not—

(a)contravene an approved plant declaration; or

(b)contravene a direction given by an inspector under subsection (6); or

(c)obstruct an inspector in the exercise of powers under subsection (6).

Maximum penalty for subsection (9)—1000 penalty units.

s 11A ins 2003 No. 44 s 31

amd 2007 No. 9 s 3

11BReview of particular decisions and actions

(1)This section applies if—

(a)under section 11, a regulation or notice (the relevant instrument) declares an area to be a quarantine area; and

(b)the pest (the relevant pest) the subject of a pest infestation (the relevant pest infestation) for which the quarantine is declared is a serious pest.

(2)A designated decision—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside, or called into question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c)is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.

(3)Without limiting subsection (2), a person may not bring a proceeding for an injunction, or for any writ, declaration or other order, to stop or otherwise restrain the performance of a designated act.

(4)This section does not stop a person from bringing a proceeding to recover damages for loss or damage caused by—

(a)a negligent act or omission in the performance of a designated act; or

(b)an unlawful act.

(5)In this section—

decision includes—

(a)conduct engaged in to make a decision; and

(b)conduct related to making a decision; and

(c)failure to make a decision.

designated act means an act the performance of which—

(a)either—

(i)is authorised, or purportedly authorised, under the relevant instrument; or

(ii)is otherwise authorised, or purportedly authorised, under this Act, having regard to the relevant instrument; and

(b)is in compliance, or purportedly in compliance, with a direct instruction.

designated decision means a decision to perform a designated act.

direct instruction means an instruction, included in the relevant instrument and identified in the instrument as a direct instruction for this section, for urgent and immediate action to be taken—

(a)to destroy, on a particular parcel of land identified in the instruction, any of the following—

(i)plants that are infested with the relevant pest;

(ii)plants that are not infested with the relevant pest, but the destruction of which is necessary to achieve a buffer zone for land infested with the relevant pest; or

(b)to restrict or stop the movement of host material, of a type identified in the instruction, within, or into or out of, a particular area identified in the instruction, to stop the spread of the relevant pest; or

(c)to perform surveillance, including inspection, on land in a particular area identified in the instruction, to find out the extent of the relevant pest infestation.

host material means any of the following—

(a)any plant that is of a plant variety that is capable of being a host of the relevant pest;

(b)any soil, appliance or other thing reasonably likely to be a means of spreading the relevant pest.

s 11B ins 2004 No. 24 s 11

amd 2005 No. 72 s 3

11CKeeping a business document for an area

(1)This section applies if a person (person A) gives a document to another person (person B), and at the time the document is given, the document is a business document for an area.

(2)Person A must keep a copy of the business document for 7 years after the movement the document relates to.

Maximum penalty—400 penalty units.

(3)Person B must keep the business document, or a complete copy of the document, for 7 years after the movement the document relates to.

Maximum penalty for subsection (3)—400 penalty units.

s 11C ins 2004 No. 24 s 11

11DKeeping a document that becomes a business document for an area

(1)This section applies if—

(a)a person (person A) gives a document to another person (person B); and

(b)after the document is given, an area is declared to be a pest quarantine area, and the document becomes a business document for the area.

(2)Person A must keep a copy of the business document for 7 years after the area is declared to be a pest quarantine area if—

(a)the document is still in person A’s possession when the area is declared to be a pest quarantine area; and

(b)person A knows, or ought reasonably to know, that the document is a business document for the area.

Maximum penalty—400 penalty units.

(3)Person B must keep the business document, or a complete copy of the business document, for 7 years after the area is declared to be a pest quarantine area if—

(a)the document or a copy of it is still in person B’s possession when the area is declared to be a pest quarantine area; and

(b)person B knows, or ought reasonably to know, that the document is a business document for the area.

Maximum penalty for subsection (3)—400 penalty units.

s 11D ins 2004 No. 24 s 11

11EProduction of business documents

(1)This section applies if an inspector believes on reasonable grounds that a person (the document holder) has in the person’s possession, or has reasonable access to, a business document for an area or a copy of a business document for an area.

(2)This section also applies if an inspector believes on reasonable grounds that a person (also the document holder) is required under this Act to keep a business document for the area or a copy of a business document for an area.

(3)If asked by an inspector, the document holder must, unless the person has a reasonable excuse, make the document or copy available for inspection by the inspector, or produce it to the inspector for inspection, at a stated reasonable time and place.

Maximum penalty—400 penalty units.

(4)When making a request under subsection (3), it is not necessary for the inspector to identify a particular document, and the inspector may ask for—

(a)all business documents and copies of business documents that the document holder has or can access; or

(b)all business documents of a particular type, or all copies of business documents of a particular type, that the document holder has or can access.

(5)When making a request under subsection (3), the inspector must warn the document holder that it is an offence not to comply with the request if the document holder does not have a reasonable excuse.

(6)The document holder must, unless the document holder has a reasonable excuse, allow the inspector to keep each produced business document to copy it.

Maximum penalty—400 penalty units.

(7)The inspector must return each business document to the document holder as soon as practicable after copying it.

s 11E ins 2004 No. 24 s 11

11FFailure to comply with requirement about a document

(1)It is not a reasonable excuse for a person to fail to comply with a requirement under section 11E (3) or (6) that complying with the requirement might incriminate the person.

(2)If an individual complies with a requirement under section 11E (3) or (6), evidence of, or evidence directly or indirectly derived from, the document or information it contains that might tend to incriminate the individual is not admissible in evidence against the individual in a civil or criminal proceeding, other than a proceeding for an offence for which the falsity or misleading nature of the document is relevant.

s 11F ins 2004 No. 24 s 11

12Notification of pests

(1)A regulation may declare a pest to be a notifiable pest for this Act.

(2) Subsection (3) applies to an owner of land or a vehicle, and a person engaged by an owner of land to carry out an activity on the land, if the owner or person becomes aware of the existence of a notifiable pest on the land or vehicle.

(3)The owner or person must—

(a)notify an inspector about the pest within 24 hours after becoming aware of it; and

(b)confirm the notification by written notice given to the chief executive within 7 days after becoming aware of it.

Maximum penalty—1000 penalty units.

s 12 amd 1993 No. 32 s 3 sch 1; 1996 No. 14 ss 10, 3 sch; 2002 No. 36 s 26

div hdg ins 1996 No. 14 s 3 sch

13Special powers in relation to specific pest infestations

(1)Subject to subsection (3), an inspector for the purposes of controlling or removing a pest existing in or upon any land or for the purpose of preventing the spread of any existing pest to any land may give directions to the owner of the land directing the owner forthwith or within a time specified by the inspector to take such measures as the inspector thinks fit including to do any of the following—

(a)quarantine, upon conditions as directed, all or any part of the land in question;

(b)destroy pests thereon or any plants, packages or other matters or things that are infested with pests or that, in the opinion of the inspector, it is necessary or desirable to destroy in the circumstances;

(c)treat as directed all or any part of the land or any plant, appliance, soil or other matter or thing thereon;

(d)take such measures as may be prescribed.

(2)An inspector, for the purposes of controlling or removing an existing pest or an existing pest infestation of any appliance, plant, harvested crop, produce, container or other thing may give in respect of the pest or thing and in respect of any other thing with which it has been mixed or associated, or which has been exposed to it, such directions to the owner thereof as the inspector thinks fit including to—

(a)quarantine it upon conditions as directed; or

(b)destroy it; or

(c)treat it as directed; or

(d)take such measures as may be prescribed.

(2A)If the pest or thing in respect of which an inspector proposes to give directions under subsection (2) is being carried on consignment the inspector if the inspector considers it necessary or convenient may give to the consignor or the consignee any direction that the inspector is authorised under this section to give to an owner of the pest or thing.

(3)It shall not be competent to an inspector to give directions under this section ordering the destruction of any part of a growing or harvested crop that is not infested with pest.

(4) Subsection (5) applies in the following circumstances—

(a)an inspector would be authorised under this section to give a person a direction to perform a particular action;

(b)the action would be to treat or destroy plants;

(c)the inspector is satisfied on reasonable grounds that the effectiveness of the action can be better secured if the action is performed by, or under the direction of, the inspector.

(5)The inspector may give the person a direction that the person must allow the action to be performed by, or under the direction of, the inspector.

(6)The inspector may give a direction under subsection (5) only if the inspector is satisfied on reasonable grounds that the effectiveness of the action can be better secured if the action is performed by, or under the direction of, the inspector.

(7)If a direction is given under subsection (5), the inspector may recover the cost of performing the action from the person to whom the direction is given as a debt owing to the State.

(8)A person must comply with a direction under this section, unless the person has a reasonable excuse for not complying with it.

Maximum penalty for subsection (8)—2000 penalty units.

s 13 amd 1996 No. 14 ss 11, 3 sch; 2004 No. 24 s 12; 2007 No. 36 s 2 sch

14Destruction of healthy crop to prevent pest infestation

(1)The chief executive, if the chief executive considers it necessary to do so in order to prevent, control or remove pest infestation of plants, may give directions in writing—

(a)to the owner of land ordering the destruction of a crop or part thereof growing on the land that is not infested with pest; or

(b)to the owner of a harvested crop ordering the destruction of the crop or part thereof that is not infested with pest.

(1A)Directions given to a person under subsection (1) may include—

(a)a direction that the person must perform the destruction in accordance with the directions of the inspector; or

(b)a direction that the person must allow the destruction to be performed by, or under the direction of, the inspector.

(1B)The inspector may give a direction under subsection (1A) (b) only if the inspector is satisfied on reasonable grounds that the effectiveness of the destruction can be better secured if the destruction is performed by, or under the direction of, the inspector.

(2)If a crop or part thereof is destroyed in compliance with directions given under subsection (1), the owner thereof shall be entitled to compensation under, subject to and in accordance with this section, and the owner shall not be otherwise entitled to compensation.

(3)If a crop or part thereof is destroyed in compliance with directions given under subsection (1), the owner thereof shall be entitled to such compensation as the owner and the chief executive may mutually agree upon.

(4)If the owner and the chief executive fail to agree upon the amount of compensation that shall be paid, the chief executive shall submit the matter to an arbitrator chosen by the owner and the chief executive, or in the case where the owner and the chief executive do not agree upon which arbitrator the matter shall be submitted to, the chief executive shall submit the matter to an arbitrator chosen by the Minister.

(5)The decision of the arbitrator shall be final.

(6)A person must comply with a direction under this section, unless the person has a reasonable excuse for not complying with it.

Maximum penalty for subsection (6)—400 penalty units.

s 14 amd 1996 No. 14 ss 12, 3 sch; 2004 No. 24 s 13; 2007 No. 36 s 2 sch

15Special powers in respect of volunteer plants

(1)If an inspector considers such action is necessary to prevent, control or remove any pest infestation of plants, the inspector may in respect of any volunteer plant wherever situated—

(a)direct the owner of the land where the volunteer plant is situated to destroy the volunteer plant in accordance with directions given by the inspector; or

(b)without giving directions under paragraph (a), destroy the volunteer plant or take measures to ensure that the volunteer plant is destroyed.

(2)A person must comply with a direction under this section, unless the person has a reasonable excuse for not complying with it.

Maximum penalty—200 penalty units.

s 15 amd 1996 No. 14 ss 13, 3 sch

div hdg ins 1996 No. 14 s 3 sch

16Completion of unsatisfied requirements

If any person to whom directions have been given pursuant to this Act by the chief executive or an inspector directing the person to carry out any destruction or treatment or other act in accordance with the directions fails to comply with the directions, an inspector may take all measures the inspector considers necessary or convenient to carry out the destruction or treatment or act in question.

17Costs and expenses

(1)Where an inspector takes measures under section 16, any person through whose default such measures were taken shall be liable, and if there is more than 1 such person, those persons shall be jointly and severally liable, to pay to the Crown the costs and expenses reasonably incurred in connection with the measures and the Crown may recover any outstanding amount thereof together with interest at the prescribed rate in action as for a debt in any court of competent jurisdiction.

(1A)Where a cost or expense is prescribed, the liability shall be to pay the prescribed amount if it is demanded.

(2)Without limiting the effect of subsections (1) and (1A) and subject to section 18, if measures are taken under section 16 because an owner of land has failed to comply with directions given to the owner under this Act requiring the owner to take, or forbidding the owner to take, action on the land as directed, the amount for which the owner is liable under this section shall be a charge on the land.

(3)The provisions of this section shall operate without prejudice to any proceedings that may be taken against a person for an offence against this Act.

18Charge on land

(1)For the purpose of charging land with the amount of any costs expenses and interest as provided for in section 17 (2), the chief executive may lodge with the public officer charged with maintaining a register of title to the land a notice in the approved form identifying the land and stating that there exists a charge over it securing payment to the Crown of the amount in question.

(1A) Subsection (1) shall be given effect notwithstanding that any copy of the relevant instrument of title is not produced for endorsement.

(2)The public officer with whom a notice is lodged under subsection (1) shall cause to be made in the appropriate register maintained by the public officer all such entries as are necessary to record on the title to the land identified in the notice a charge as described in the notice.

(3)Upon the making of entries on the title of land pursuant to subsection (2), the land shall become, and be, subject to a charge—

(a)that secures payment to the Crown of the amount in question; and

(b)that has priority over all interests and mortgages and other charges existing in or over the land.

(4)Without limiting the operation of any other provision of the Property Law Act 1974 in relation to a charge such as is provided for by this section, sections 83 to 92 of that Act shall apply to such a charge as they apply to a mortgage made by instrument within the meaning of those sections.

(5)Upon payment to the Crown of the amount secured, the charge shall cease to have effect.

(6)When a charge ceases to have effect, the chief executive shall give notice thereof in the approved form to the public officer charged with maintaining the register of title on which the charge is recorded who shall thereupon make all such entries in the public officer’s register as are necessary to record that the charge has ceased to have effect.

(6A) Subsection (6) shall be given effect notwithstanding—

(a)that there exists a caveat affecting the land in question; or

(b)that any copy of the relevant instrument of title is not produced for endorsement.

(7)A failure to comply with this section does not render any person liable to a penalty.

s 18 amd 1995 No. 58 s 4 sch 1; 2007 No. 36 s 2 sch

19General powers of inspectors

(1)Subject to section 20, an inspector, at any time, may—

(a)enter any place (including any vehicle) in order to ascertain whether the provisions of this Act have been complied with or to investigate any offence against this Act or to perform a duty or exercise a power imposed or conferred upon the inspector by this Act; or

(b)take with the inspector into any place entered, pursuant to paragraph (a), such assistants, vehicles and equipment as the inspector considers necessary for the proper performance of the inspector’s duties; or

(c)search any place entered pursuant to paragraph (a) and make therein such investigation, inspection or inquiry as is necessary for the purposes of this Act including by breaking open and searching any receptacle or enclosed place, conducting tests and taking without payment samples of any matter or thing for testing or as evidence; or

(d)stop and detain any vehicle or direct a person in charge of the vehicle to remove it to some other place, or the inspector may remove it to some other place, for the purposes of the performance by the inspector of a duty or the exercise by the inspector of a power, imposed or conferred upon the inspector by this Act; or

(e)seize any matter or thing with respect to which the inspector has reasonable grounds for believing that an offence against this Act has been committed or is being committed or that the inspector believes will afford evidence of the commission of an offence against this Act or that is a pest or that the inspector believes is infested with a pest together with any packing material or container or vehicle convenient to facilitate the seizure; or

(f)remove any matter or thing seized by the inspector to a place determined by the inspector, or allow it to remain at, or return it to, the place of seizure or place it in the custody of a person and in any case, make such arrangements and give such directions as the inspector considers necessary to achieve the objects of the seizure; or

(g)direct any person to furnish for inspection at such times and places as the inspector specifies—

(i)records or copies of or extracts from records prepared or kept for a purpose connected with this Act or which in the opinion of the inspector would assist in ascertaining whether this Act has been complied with or whether an offence against this Act has been committed; or

(ii)any instrument issued under this Act or a copy thereof; or

(h)take notes or copies of or extracts from anything furnished pursuant to paragraph (g); or

(i)question any person to ascertain whether this Act has been complied with or whether an offence has been committed against this Act or whether an occasion has arisen for the performance or exercise by the inspector of a duty or power imposed or conferred upon the inspector by this Act, and subject to subsection (7), require the person to answer the questions put; or

(j)require any person found by the inspector committing an offence against this Act or who the inspector believes on reasonable grounds has committed an offence against this Act or whose name and address are reasonably required for the purposes of this Act to state the person’s full name and the address of the person’s usual place of residence and, if the inspector considers it necessary, the name and the address of the usual place or residence of any other person, and if the inspector suspects on reasonable grounds that a name or address is false, require evidence of the correctness thereof in accordance with the inspector’s directions; or

(ja)without limiting any other power the inspector has under this section, require a person to give the inspector reasonable help to exercise a power under this section, including for example to produce a document or give information; or

(k)direct a person who has failed to comply with this Act to take steps as directed in order to remedy those matters in respect of which the noncompliance has occurred; or

(l)if the inspector is obstructed, or reasonably believes he or she will be obstructed, ask anyone the inspector considers can help, to help the inspector exercise the inspector’s powers.

(2)Directions given pursuant to subsection (1) (k) shall not prejudice or affect in any way any proceeding or action that has been or may be taken for the failure to comply that has resulted in the directions except that the person to whom the order is given is not liable for a continuation of the failure to comply during the time allowed for compliance with the directions.

(3)A person asked to help an inspector under subsection (1) (l) must help the inspector as required by the inspector and in accordance with this Act.

(4)If any matter or thing seized by an inspector is marked with a broad arrow and words to the effect that the matter or thing is impounded under the Plant Protection Act it shall be deemed for the purposes of this Act that all persons are directed not to remove or to interfere with the matter or thing so as to affect its seizure except in accordance with the directions of an inspector.

(5)The power of an inspector to seize any matter or thing with respect to which the inspector has reasonable grounds for believing that an offence against this Act has been committed includes the power to seize any plant grown from any plant—

(a)that has been unlawfully introduced into the State; or

(b)that has been unlawfully moved within the State to the place where the plant that is subject to seizure is growing.

(6)A person must comply with a direction or requirement under this section, unless the person has a reasonable excuse for not complying with it.

Maximum penalty—400 penalty units.

(7)For a direction or requirement under subsection (1) (g) (i) to produce anything or under subsection (1) (i) to answer a question or under subsection (1) (ja) to give reasonable help, it is a reasonable excuse for the person to fail to comply with the direction or requirement if the production of the thing or answering the question or giving the help might tend to incriminate the person.

s 19 amd 1996 No. 14 s 14; 2000 No. 5 s 373 sch 2; 2004 No. 24 s 14; 2007 No. 36 s 2 sch

19AInspectors’ powers—certificates

(1)An inspector may give a person a certificate (an inspector’s certificate) about a plant, or other thing the inspector is satisfied may spread a pest, including, for example, that the plant or thing—

(a)is free of any or a stated pest infestation; or

(b)is free of any or a stated pest, disease, pest infestation, infection or condition within the meaning of a corresponding law to this Act; or

(c)is in a stated condition; or

(d)is from a stated area; or

(e)has been treated with stated treatments; or

(f)complies with accreditation conditions or stated accreditation conditions; or

(g)meets stated requirements.

(2)Before giving a person an inspector’s certificate for a plant or other thing, an inspector may—

(a)inspect, test or treat the plant or thing; or

(b)take samples of the plant or thing; or

(c)supervise the treatment or grading of the plant or thing; or

(d)examine materials or equipment used to treat or grade the plant or thing; or

(e)do anything else the inspector reasonably considers necessary or desirable.

(3)A certificate may be for movement of the plant or thing within Queensland or out of Queensland or for another purpose.

(4)The chief executive may charge a reasonable fee for an inspector’s certificate.

(5)A person who is not an inspector must not give an inspector’s certificate.

Maximum penalty—1000 penalty units.

(6)A person must not make a statement or other representation about a plant or other thing that is likely to cause someone reasonably to believe that an inspector’s certificate has been given for the plant or thing if—

(a)an inspector’s certificate has not been given for the plant or thing; and

(b)the representation is made—

(i)for the sale or movement of the plant or thing; or

(ii)to an inspector.

Maximum penalty for subsection (6)—400 penalty units.

s 19A ins 1996 No. 14 s 15

amd 2002 No. 36 s 27; 2004 No. 24 s 15

20Warrants to enter

(1)Before an inspector enters a dwelling house for the purpose of exercising the inspector’s powers under this Act, save where the inspector has the permission of the occupier to the inspector’s entry, the inspector shall make an application to a justice who is a magistrate and obtain from the justice a warrant to enter.

(2)A justice who is satisfied upon an application made under this section that there is reasonable cause to suspect or believe—

(a)that in any place an offence against this Act has been or is being committed; or

(b)that there is in any place any matter or thing with respect to which an offence against this Act has been or is being committed, or with respect to which an inspector may exercise a power under this Act;

may issue a warrant directed to an inspector to enter the place specified in the warrant for the purpose of exercising therein the powers conferred upon an inspector by this Act.

(3)The justice shall specify in the warrant the powers the inspector may exercise and shall note thereon the basis upon which the warrant is issued.

(4)An application to a justice for the issue of a warrant under this section—

(a)may be heard in any place, and subject to subsections (5) and (6), in such manner as the justice thinks fit; and

(b)may be made in person or by telephone, radio or by means of any other form of distant communication.

(5)Except where a warrant is issued upon an application made by telephone, radio or by means of any other form of distant communication, in determining whether or not the justice should issue a warrant, the justice shall not rely on any statement of facts unless it is provided by means of an oral or written statement given under oath, affirmation or declaration or under some other sanction authorised by law.

(6)If an application is made by means of telephone, radio or any other form of distant communication the following provisions shall apply—

(a)the justice shall not issue the warrant unless the justice informs the applicant of the facts upon which the justice relies in issuing the warrant and obtains from the applicant an undertaking that the applicant shall deliver to the justice as directed by the justice as soon as practicable a statement in writing given under oath, affirmation or declaration or under some other sanction authorised by law, that verifies those facts;

(b)if the justice issues the warrant—the justice shall inform the applicant that the justice has done so and shall send the warrant to the Minister within 7 days of its issue;

(c)on and from the issue of the warrant, a form of warrant completed by the applicant substantially in the terms of the warrant issued by the justice and stating the name of the justice and the date on which and the place at which the justice issued it shall for all purposes be deemed to be a warrant issued under this section;

(d)as soon as practicable after the issue of a warrant, the applicant shall deliver to the justice a statement in writing in compliance with the undertaking obtained from the applicant pursuant to paragraph (a) and if the applicant fails to do so the warrant on and from such failure shall be deemed to be cancelled.

(6A)The failure of a justice to send a warrant to the Minister in compliance with subsection (6) (b) shall not affect the validity of the warrant.

(7)A warrant issued under this section shall be, for a period of 21 days from the date of its issue, sufficient authority for the inspector and all persons acting in aid of the inspector—

(a)to enter the place specified in the warrant; and

(b)subject to the terms of the warrant, to exercise the powers conferred upon an inspector under this Act.

(8) Subsection (1) does not limit the places for which a warrant to enter may be obtained under this section.

s 20 amd 1995 No. 58 s 4 sch 1; 2004 No. 24 s 16 ; 2007 No. 36 s 2 sch

20AAInformation requirement for pest infestation

(1)An inspector may give the owner of land that is infested with a pest a notice (an information notice) for the land.

(2)The information notice may require the owner to give the inspector the following information about each crop plant growing on the land—

(a)the genus, species, variety and type or class of the crop plant;

(b)when the crop plant was planted on the land;

(c)the source of the crop plant;

(d)other information stated in the notice, if the inspector considers the information to be reasonably necessary for the prevention, control or removal of pest infestation of plants under this Act.

(3)An inspector may give the owner of a harvested crop that is infested with a pest a notice (also an information notice) for the crop.

(4)The information notice may require the owner to give the inspector the following information about the crop—

(a)the genus, species, variety and type or class of the crop plants for the crop;

(b)when the crop was harvested;

(c)the source of the crop plants for the crop;

(d)where the crop has been moved to;

(e)other information stated in the notice, if the inspector considers the information to be reasonably necessary for the prevention, control or removal of pest infestation of plants under this Act.

(5)A person to whom an information notice is given under this section must comply with the notice unless the person has a reasonable excuse.

Maximum penalty—400 penalty units.

(6)When giving a person an information notice under this section, the inspector must warn the person that it is an offence not to comply with the notice if the person does not have a reasonable excuse.

(7)It is not a reasonable excuse for a person to fail to comply with an information notice under this section that complying with the notice might incriminate the person.

(8)If an individual complies with an information notice, evidence of, or evidence directly or indirectly derived from, the information given that might tend to incriminate the individual is not admissible in evidence against the individual in a civil or criminal proceeding, other than a proceeding for an offence for which the falsity or misleading nature of the information given is relevant.

s 20AA ins 2004 No. 24 s 17

20AInspectors’ powers—imminent risk of infestation

(1)This section applies if the chief executive is satisfied on reasonable grounds it is necessary to exercise powers under this division to avoid an imminent risk of a pest infesting plants or other things on land, other than land in a pest quarantine area for the pest.

(2)In considering whether there is an imminent risk of the pest infesting plants or other things on the land, the chief executive must have regard to—

(a)the proximity of the land to a known infestation of the pest; and

(b)the ability of the pest to spread and the way in which it spreads.

(3)An inspector may, without a warrant or consent of the owner of the land, enter the land.

(4)Before entering the land, the inspector must, or make a reasonable attempt to—

(a)tell the owner of the land the inspector is authorised under this Act to enter the land; and

(b)give the owner an opportunity to allow the inspector immediate entry to the land without using force.

(5)The inspector may—

(a)direct the owner to take stated reasonable steps within a stated reasonable period, including, for example, steps about monitoring for, or treating, the pest; or

(b)take the reasonable steps; or

(c)authorise another person to take the reasonable steps.

(6)The direction may be given orally or by written notice.

(7)If the direction is given orally, the inspector must as soon as practicable confirm the direction by written notice given to the owner.

(8)When giving the direction under subsection (5) (a), the inspector must warn the owner it is an offence not to comply with the direction unless the owner has a reasonable excuse.

(9)The owner must comply with the direction unless the owner has a reasonable excuse.

Maximum penalty—400 penalty units.

(10)If the inspector takes the steps, the inspector may also exercise any of the powers of an inspector under this division.

(10A)The inspector may take any of the following steps as are reasonable in the circumstances—

(a)inspect anything on the land;

(b)monitor plant movements;

(c)photograph anything;

(d)test anything;

(e)take samples of anything for testing or identification;

(f)lay baits and set lures or traps.

(10B) Subsection (10A) does not limit—

(a)the reasonable steps the inspector may direct, take or authorise under subsection (5); or

(b)the powers the inspector may exercise under subsection (10).

(11)The inspector may exercise the powers mentioned in subsections (3), (5) (b), (10) and (10A) with the help, and using the force, that is necessary and reasonable in the circumstances.

(12)In exercising or attempting to exercise the powers mentioned in subsections (3), (5) (b), (10) and (10A), an inspector must take all reasonable steps to ensure the inspector causes as little inconvenience to any person on the land, and does as little damage, as is practicable in the circumstances.

(13)This section does not limit any power an inspector has apart from this section.

(14)If an inspector authorises a person to take steps under subsection (5) (c)—

(a)the person may exercise the powers mentioned in subsection (10); and

(b)the inspector must inform the person—

(i)of the steps the person is authorised to take; and

(ii)of the person’s powers under this section.

(15)In this section—

land does not include premises, or a part of premises, where a person resides.

s 20A ins 2002 No. 36 s 28; 2004 No. 24 s 18

div hdg ins 12004 No. 24 s 19

20BChief executive may authorise pest surveillance program

(1)The chief executive may authorise the conduct in the State of a pest surveillance program.

(2)The chief executive must ensure that each inspector who is proposed by the chief executive to act in the pest surveillance program is informed of—

(a)the purpose of the program; and

(b)the nature and extent of the program, including the parts of the State to which the program applies; and

(c)the extent to which the inspector is to act under the program; and

(d)the extent to which authorised persons are to be directed to act under the program.

(3)The chief executive must also ensure that, to the extent practicable in the circumstances, timely information about the nature and extent of the program is advertised in communities likely to be affected by the program.

s 20B ins 12004 No. 24 s 19

20CPurpose of pest surveillance program

The purpose of a pest surveillance program must be stated in the program, and must be limited to the following—

(a)to confirm the presence, or find out the extent of the presence, in the areas of the State to which the program applies, of the pest to which the program applies;

(b)to confirm the absence, in the areas of the State to which the program applies, of the pest to which the program applies.

s 20C ins 12004 No. 24 s 19

20DCircumstances required for pest surveillance program

(1)The chief executive may authorise the conduct in the State of a pest surveillance program only if the circumstances stated in this section apply.

(2)Firstly, it must be the case that—

(a)a notice or regulation (a relevant instrument) under section 11 declaring the State or a part of the State to be a quarantine area—

(i)is in force under this Act; or

(ii)has been in force under this Act, but is no longer in force; or

(b)an undertaking (also a relevant instrument) accepted by the Minister under section 11—

(i)is in force under this Act; or

(ii)has been in force under this Act, but is no longer in force; or

(c)a direction (also a relevant instrument) given to the owner of land by an inspector under section 13—

(i)is in force under this Act; or

(ii)has been in force under this Act, but is no longer in force.

(3)Secondly it must be the case that, because of a circumstance stated in subsection (2), it is necessary to establish the status of the State, or of a part of the State, in relation to a pest (the relevant pest) the subject of the relevant instrument.

(4)To remove any doubt, it is declared that it does not matter whether an area of the State to which the pest surveillance program applies is an area that is or was the subject of a relevant instrument.

(5)In subsection (3)—

necessary means necessary in the interests of 1 or more of the following—

(a)the prevention, control or removal of pest infestation of plants in Queensland involving the relevant pest;

(b)facilitating the movement of plants into or out of Queensland.

s 20D ins 12004 No. 24 s 19

20ETaking action under a pest surveillance program

(1)Actions taken under a pest surveillance program must be limited to those that are reasonably necessary for achieving the program’s purpose.

(2)Subject to subsection (1), an inspector, or an authorised person acting under the direction of an inspector, may, at any reasonable time, exercise any of the following powers on land included in an area the subject of the program—

(a)inspect anything on the land;

(b)monitor plant movements;

(c)photograph anything;

(d)test anything;

(e)take samples of anything for testing or identification;

(f)lay baits and set lures or traps.

(3)This section does not limit the powers of an inspector under division 3.

s 20E ins 12004 No. 24 s 19

pt hdg ins 1996 No. 14 s 16

div hdg ins 1996 No. 14 s 16

21Purpose and operation of accreditation system

(1)The purpose of the accreditation system provided by this part is to allow for accredited persons to give assurance certificates about plants, or other things that may spread a pest, that—

(a)best suit particular circumstances of accredited persons; and

(b)reduce the need for day-to-day oversight by the chief executive and exercise of powers by inspectors.

(2)An assurance certificate is intended to provide a convenient way to comply with or be exempted from the requirements of this Act or of the laws of another jurisdiction about plants or other things that may spread a pest, including, for example, about the origin, condition or movement of the plants or things.

(3)An assurance certificate may be given by an accredited person or, if accreditation conditions permit, by a person acting for an accredited person.

(4)An assurance certificate may be given for the person giving the certificate or someone else, subject to accreditation conditions, the certificate and any Act.

s 21 sub 1996 No. 14 s 16

amd 2002 No. 36 s 29

21AAccreditation

(1)A person may apply to the chief executive for the grant of an accreditation.

(2)The chief executive may—

(a)grant the accreditation applied for or another accreditation; or

(b)refuse accreditation.

(3)An accreditation may be given in a way the chief executive considers appropriate.

Example—

The chief executive may give an accreditation in the form of a certificate, or an agreement or arrangement with the accredited person.

s 21A ins 1996 No. 14 s 16

21BRefusal to grant accreditation

If the chief executive refuses to grant accreditation to an applicant, the chief executive must give the applicant a written notice stating—

(a)the decision; and

(b)the reasons for the decision; and

(c)that the applicant may apply to the chief executive for reconsideration of the decision.

s 21B ins 1996 No. 14 s 16

21CAccreditation conditions

(1)The chief executive may grant an accreditation on conditions (accreditation conditions).

(2)A condition may provide for—

(a)the accredited person to give only a stated type of assurance certificate; or

(b)conditions on which an assurance certificate may be given; or

(c)other restrictions on the use of the accreditation; or

(d)the chief executive to cancel the accreditation or suspend the accreditation for a stated period or until the happening of a stated event; or

(e)security for the performance of the conditions by the accredited person and the enforcement of the security, even if there is a penalty or liability under this Act; or

(f)payment to the chief executive by the accredited person of the reasonable costs stated in the conditions for preparing or performing the conditions and ensuring that the conditions are complied with; or

(g)a matter prescribed under a regulation.

(3) Subsection (2) does not limit conditions that may be imposed by the chief executive.

(4)In this section—

security includes mortgage, bond, insurance and surety.

s 21C ins 1996 No. 14 s 16

21DRegister

(1)The chief executive must keep a register of accredited persons.

(2)The register may be kept in the form (whether or not in a documentary form) the chief executive considers appropriate.

s 21D ins 1996 No. 14 s 16

div hdg ins 1996 No. 14 s 16

21ECancellation and suspension—grounds

(1)Each of the following is a ground for cancelling or suspending an accreditation—

(a)the accreditation was obtained by incorrect or misleading information or documents;

(b)the holder has not paid fees or other amounts payable to the chief executive;

(c)the holder has contravened an accreditation condition;

(d)the holder has committed an offence against this Act;

(e)the holder is within 5 years convicted of an offence—

(i)in the State involving fraud; or

(ii)elsewhere, if the act or omission that formed the offence would have been an offence involving fraud had it happened in the State;

(f)the holder was accredited or held similar accreditation (however described) in another jurisdiction within 2 years and that accreditation was cancelled.

(2)In this section—

holder, if the holder of an accreditation is a corporation, includes a related entity of the holder under the Corporations Act, section 9.

s 21E ins 1996 No. 14 s 16

amd 2001 No. 45 s 29 sch 3

21FAmendment of accreditation

If the chief executive considers an accreditation should be amended, the chief executive may amend the accreditation under section 21G.

s 21F ins 1996 No. 14 s 16

21GCancellation suspension and amendment—procedures

(1)If the chief executive considers a ground exists to cancel or suspend an accreditation or if the chief executive proposes to amend an accreditation (the proposed action), the chief executive must give the holder written notice—

(a)stating the proposed action; and

(b)stating the ground for the proposed action; and

(c)outlining the facts and circumstances forming the basis for the ground; and

(d)if the proposed action is to suspend the accreditation—stating the proposed suspension period; and

(e)if the proposed action is to amend the accreditation—stating the proposed amendment; and

(f)inviting the holder to show (within a stated time of at least 28 days) why the proposed action should not be taken.

(2)If, after considering all written representations made within the stated time, the chief executive still considers a ground exists to take the proposed action, the chief executive may—

(a)if the proposed action was to cancel the accreditation—amend the accreditation, suspend the accreditation for a period or cancel it; or

(b)if the proposed action was to suspend the accreditation—suspend the accreditation for no longer than the period stated in the notice; or

(c)if the proposed action was to amend the accreditation—amend the accreditation.

(3)The chief executive must inform the holder of the decision by written notice.

(4)If the chief executive decides to cancel, suspend or amend the accreditation, the notice must state—

(a)the reasons for the decision; and

(b)that the holder may apply to the chief executive for reconsideration of the decision.

(5)The decision takes effect on the later of the following—

(a)the day the notice is given to the holder;

(b)the day stated in the notice.

(6)However, despite subsection (1), if the chief executive considers it necessary in the public interest, the chief executive may, by written notice given to the holder, immediately suspend the accreditation until the earliest of the following—

(a)the chief executive informs the holder of the chief executive’s decision by notice under subsection (3), given after complying with subsections (1) and (2);

(b)the end of 56 days after the notice is given to the holder.

(7)If the chief executive immediately suspends the accreditation, the notice must state—

(a)the reasons for the decision; and

(b)that the holder may apply to the chief executive for reconsideration of the decision.

(8) Subsections (1) to (7) do not apply—

(a)if the chief executive proposes to amend the accreditation only—

(i)for a formal or clerical reason; or

(ii)in another way that does not adversely affect the holder’s interests; or

(b)if the holder asks the chief executive to cancel or amend the accreditation and the chief executive proposes to give effect to the request.

(9)The chief executive may cancel or amend an accreditation under subsection (8) by written notice given to the holder.

s 21G ins 1996 No. 14 s 16

21HReturn of cancelled suspended or amended accreditation

(1)This section applies if the chief executive cancels, suspends or amends an accreditation.

(2)The chief executive may, by written notice, require the holder to return an accreditation document to the chief executive within 14 days, or a later stated time.

(3)The holder must comply with the notice, unless the holder has a reasonable excuse for not complying with it.

Maximum penalty—40 penalty units.

(4)If a suspended accreditation document is returned, the chief executive must return the document to the holder at the end of the suspension period.

(5)If an amended accreditation document is returned, the chief executive must return the document to the holder after amending it.

(6)However, the amendment of an accreditation does not depend on an accreditation document being returned.

s 21H ins 1996 No. 14 s 16

div hdg ins 1996 No. 14 s 16

21IContravention of accreditation conditions

An accredited person must not contravene an accreditation condition.

Maximum penalty—200 penalty units.

s 21I ins 1996 No. 14 s 16

21JOffences about certification

(1)A person who is not an accredited person or an inspector must not give for a plant or other thing anything that purports to be an assurance certificate.

Maximum penalty—1000 penalty units.

(2)A person must not make a statement or other representation about a plant or other thing that is likely to cause someone reasonably to believe that an acceptable assurance certificate has been given for the plant or thing, if—

(a)an acceptable assurance certificate has not been given for the plant or thing; and

(b)the representation is made—

(i)for the sale or movement of the plant or thing; or

(ii)to an inspector.

Maximum penalty—1000 penalty units.

s 21J ins 1996 No. 14 s 16

amd 2002 No. 36 s 30

pt hdg ins 1996 No. 14 s 16

21KPurpose of intergovernmental agreements

(1)The purpose of this part is to provide for intergovernmental agreements with other jurisdictions for the objectives of this Act.

(2)The purpose is to be achieved mainly by ensuring the integrity and mutual recognition of acceptable assurance certificates.

s 21K ins 1996 No. 14 s 16

21LIntergovernmental agreements

(1)The chief executive may, as agent of the State, enter into an intergovernmental agreement with another jurisdiction (an intergovernmental agreement).

(2)The agreement may—

(a)provide for recognition of assurance certificates given under the corresponding law of the other jurisdiction; and

(b)impose audit, inspection or other requirements on a party to ensure the integrity and mutual recognition of acceptable assurance certificates; and

(c)provide for another matter necessary or convenient to achieve the objects of this Act.

s 21L ins 1996 No. 14 s 16

pt hdg ins 2005 No. 72 s 5

21LAEntering into agreement

(1)The Minister or the chief executive may, for the State, enter into an agreement (a government and industry cost sharing agreement) that is—

(a)between the State, 1 or more other jurisdictions and 1 or more plant industry bodies; and

(b)directed at ensuring a coordinated process for any of the following—

(i)managing risks posed by pests;

(ii)responding to an outbreak of pest infestation;

(iii)sharing, between the parties, the costs related to a matter mentioned in subparagraph (i) or (ii).

(2)In this section—

other jurisdiction means the Commonwealth or another State.

plant industry body means a body considered by the participants in a plant industry to be the national representative of the industry.

s 21LA ins 2005 No. 72 s 5

21LBContent of agreement

(1)A government and industry cost sharing agreement may provide for the following—

(a)measures the parties to the agreement must undertake for—

(i)preparing for an outbreak of pest infestation; and

(ii)preventing, controlling or responding to an outbreak of pest infestation;

(b)the whole or partial reimbursement of costs incurred, or losses suffered, by a person in complying with an implemented response to an outbreak of pest infestation;

Examples of costs that may be incurred by a person in complying with an implemented response—

•costs of eradicating or controlling a pest

•costs of undertaking a pest control measure to prevent the introduction, reintroduction or spread of a pest

Examples of losses that may be suffered by a person in complying with an implemented response—

•the value of plants owned by the person that are destroyed to eradicate or control a pest or to prevent the introduction, reintroduction or spread of a pest

•the value of production that is foregone because land owned by the person must be left fallow to prevent the introduction, reintroduction or spread of a pest

(c)sharing, between the parties to the agreement, of any of the following costs incurred by a party to the agreement—

(i)costs of implementing a response to an outbreak of pest infestation, including, for example, labour costs, operating expenses and capital expenditure;

(ii)costs of reimbursing persons for costs incurred, or losses suffered, by them in complying with the implemented response;

(d)restrictions applying to cost sharing under the agreement;

Examples of restrictions that may apply to cost sharing under the agreement—

1Only a stated maximum amount is eligible for cost sharing under the agreement.

2Only the stated types of costs are eligible for cost sharing under the agreement.

(e)any thing else necessary or convenient for the matters mentioned in paragraphs (a) to (d).

(2) Subsection (1) (c) does not limit the types of costs that may be subject to cost sharing under the agreement.

s 21LB ins 2005 No. 72 s 5

pt hdg ins 1996 No. 14 s 16

sub 2003 No. 82 s 85

div hdg ins 2003 No. 82 s 85

21LCFailure to decide particular decisions taken to be refusal

(1)This section applies to the following—

(a)an application for accreditation made under section 21A;

(b)an application, whether oral or written, to an inspector for an inspector’s certificate or approval.

(2)If the chief executive or inspector fails to decide the application within 28 days after the application is made, the failure is taken to be a decision by the chief executive or inspector to refuse the application at the end of the 28 days.

(3)However, the chief executive or inspector may extend the period within which the decision may be made by giving, within 28 days of the application, written notice to the applicant stating the following—

(a)the chief executive or inspector has extended the period within which the decision may be made;

(b)the extended period.

(4)The extended period must be no longer than—

(a)28 days after the notice is given; or

(b)if the applicant agrees to a longer period—the agreed period.

(5)If the chief executive or inspector gives a notice under subsection (3) and fails to decide the application within the extended period stated in the notice, the failure is taken to be a decision by the chief executive or inspector to refuse the application at the end of the extended period.

s 21LC (prev s 21LA) ins 2003 No. 82 s 85

renum 2005 No. 72 s 4

div hdg ins 2003 No. 82 s 85

21MApplication for reconsideration of administrative decisions

(1)A person aggrieved by the making of a decision of an administrative character under this Act may apply to the chief executive for reconsideration of the decision.

Editor’s note—

Under the Judicial Review Act 1991 , part 4, a person aggrieved by an administrative decision of the chief executive can also ask the chief executive to provide a written statement of reasons for the decision, if they were not given. See the Acts Interpretation Act 1954 , section 27B for what the chief executive must set out in those reasons.

(2)The application must—

(a)be made within 28 days after the relevant day; and

(b)be made in writing; and

(c)state the grounds on which the applicant seeks the reconsideration.

(3)A decision made by the chief executive on an application for reconsideration under this section can not be the subject of a further application for reconsideration of the decision.

(4)References in this section to a person aggrieved, to the making of a decision, and to a decision of an administrative character, have the same respective meanings as in the Judicial Review Act 1991 .

(5)In this section—

decision of an administrative character under this Act does not include a decision of the Minister, the chief executive or an inspector if—

(a)the decision is made—

(i)

under a regulation or notice under section 11 (a relevant instrument); or

(ii)otherwise under this Act, if the decision is authorised, or purportedly authorised, under this Act, having regard to a relevant instrument; and

(b)the relevant instrument declares an area to be a quarantine area; and

(c)the pest the subject of a pest infestation for which the quarantine is declared is a notifiable pest under section 12.

relevant day means—

(a)if the person is given notice of the decision—the day the person is given notice; or

(b)otherwise—the day that is the later of the following—

(i)28 days after the application for the decision was made;

(ii)the end of any extended period under section 21LC (3) for deciding the application.

s 21M ins 1996 No. 14 s 16

amd 2003 No. 82 s 86; 2004 No. 24 s 20; 2005 No. 72 s 6

21NDecision on reconsideration

(1)The chief executive may on an application under section 21M—

(a)confirm, amend or reverse the decision subject to the application; or

(b)set aside the decision and make a decision in substitution for the decision set aside.

(2)The chief executive must immediately give the applicant written notice of the decision.

(3)If the decision is not the decision sought by the applicant, the notice must—

(a)for a decision to seize a matter or thing, state the following—

(i)the reasons for the decision;

(ii)that the applicant may appeal against the decision to a Magistrates Court within 28 days after the notice is given; or

(b)for another decision—be accompanied by a QCAT information notice for the decision.

s 21N ins 1996 No. 14 s 16

amd 2004 No. 24 s 21; 2009 No. 24 s 677

div hdg ins 2009 No. 24 s 678

21NAReview of particular decisions by QCAT

(1)This section applies to a decision by the chief executive under section 21N, other than a decision to seize a matter or thing under this Act.

(2)A person who is given, or is entitled to be given, a QCAT information notice for the decision may apply, as provided under the QCAT Act, to QCAT for a review of the decision.

s 21NA ins 2009 No. 24 s 678

div hdg ins 2003 No. 82 s 87

21ORight to appeal to the Magistrates Court

(1)This section applies to a decision by the chief executive under section 21N about a decision to seize a matter or thing under this Act.

(2)A person dissatisfied by the decision may appeal against the decision.

(3)The appeal may be made to the Magistrates Court nearest the place where the dissatisfied person lives, or carries on, or proposes to carry on, a business affected by the decision.

s 21O ins 1996 No. 14 s 16

amd 2009 No. 24 s 679

21PHow to start appeal

(1)An appeal is started by filing a written notice of appeal with the relevant clerk of the court.

(2)A copy of the notice must be served on the chief executive.

(3)A person may only appeal within 28 days after notice of the decision was given to the person.

(4)However, if—

(a)the notice did not state the reasons for the decision, and

(b)the person asked for a statement of the reasons within the 28 days mentioned in subsection (3);

the person may apply within 28 days after the person is given a statement of the reasons.

(5)Also, the court may at any time extend the period for filing the notice of appeal.

(6)The notice of appeal must state the grounds of appeal.

s 21P ins 1996 No. 14 s 16

21QStay of operation of decisions

(1)The Magistrates Court may grant a stay of a decision appealed against to secure the effectiveness of the appeal.

(2)A stay—

(a)may be given on the conditions the court considers appropriate; and

(b)operates for the period fixed by the court; and

(c)may be revoked or amended by the court.

(3)The period of a stay under this section must not extend past the time when the court decides the appeal.

(4)An appeal against a decision affects the decision, or carrying out of the decision, only if the decision is stayed.

s 21Q ins 1996 No. 14 s 16

21RPowers of Magistrates Court on appeal

(1)In deciding an appeal, the Magistrates Court—

(a)has the same powers as the chief executive; and

(b)is not bound by the rules of evidence; and

(c)must comply with natural justice; and

(d)may hear the appeal in court or chambers.

(2)An appeal is by way of rehearing.

(3)The court may—

(a)confirm the decision; or

(b)set aside the decision and substitute another decision; or

(c)set aside the decision and return the issue to the chief executive with the directions the court considers appropriate.

s 21R ins 1996 No. 14 s 16

21SEffect of Magistrates Court’s decision on appeal

If the Magistrates Court substitutes another decision, the substituted decision is, for this Act, taken to be the chief executive’s decision.

s 21S ins 1996 No. 14 s 16

21TAppeals

An appeal to a District Court from a decision of a Magistrates Court may be made only on a question of law.

s 21T ins 1996 No. 14 s 16

pt hdg ins 1996 No. 14 s 16

22Duty to comply with notice given to 1 of several owners

If directions that are authorised by this Act to be given to the owner of land or a matter or thing are given to 1 of several owners of the land, matter or thing, the directions so given shall be as valid and effectual, and the provisions of this Act shall apply to the owner, as if the owner were the only owner of the land, matter or thing.

23False or misleading information

(1)A person must not state to the chief executive or an inspector anything the person knows is false or misleading in a material particular.

Maximum penalty—200 penalty units.

(2)A complaint against a person for an offence against subsection (1) is sufficient if it states the statement made was false or misleading to the person’s knowledge.

s 23 sub 1996 No. 14 s 17

23AFalse, misleading or incomplete documents

(1)A person must not give the chief executive or an inspector a document containing information the person knows is false, misleading or incomplete in a material particular.

Maximum penalty—200 penalty units.

(2) Subsection (1) does not apply to a person who, when giving the document—

(a)informs the chief executive or inspector, to the best of the person’s ability, how it is false, misleading or incomplete; and

(b)gives the correct information to the chief executive or inspector if the person has, or can reasonably obtain, the correct information.

(3)A complaint against a person for an offence against subsection (1) is sufficient if it states the document was false, misleading or incomplete to the person’s knowledge.

s 23A ins 1996 No. 14 s 17

24Obstruction

(1)A person shall not obstruct an inspector in the exercise of an inspector’s powers under this Act.

Maximum penalty—200 penalty units.

(2)For the purpose of this Act a person shall be deemed to obstruct an inspector in the exercise of the inspector’s powers under this Act if the person—

(a)assaults, abuses, intimidates or insults an inspector or any other person assisting an inspector in the exercise of the inspector’s powers under this Act; or

(b)directly or indirectly deliberately prevents any person from being questioned by an inspector or from furnishing under this Act any information or records or copies thereof or attempts to do so; or

(c)in any other way obstructs or attempts to obstruct an inspector in the exercise of the inspector’s powers under this Act.

(3)A person shall not obstruct the performance by another person of a duty or obligation imposed on the other person by this Act.

Maximum penalty—200 penalty units.

(4)In this section—

inspector includes an authorised person.

s 24 amd 1996 No. 14 s 18; 2004 No. 24 s 22

25Voluntary forfeiture to Crown

(1)If the owner of any matter or thing seized under this Act notifies an inspector that the owner does not wish to take possession of it, the matter or thing is forfeited to the Crown and may be destroyed or otherwise disposed of as directed by the chief executive.

(2)If—

(a)an inspector has given a notice to the owner of a matter or thing seized under this Act that it is released from detention and may be collected by the owner; and

(b)the owner fails to collect the item within 7 days in the case of perishables, or within 30 days in any other case, of the date upon which notice was given;

the item is forfeited to the Crown and may be destroyed or otherwise disposed of as directed by the chief executive.

26Dealing with seized matters or things

(1)If it is necessary or convenient to do so for the purpose of preventing, controlling or removing pest infestation of plants, an inspector, with the approval of the chief executive first had and obtained or in accordance with instructions issued by the chief executive from time to time, may destroy or otherwise dispose of any matter or thing seized under this Act or may treat in such manner as the inspector thinks fit any such matter or thing.

(2)Where the matter or thing is seized because of the failure of any person to comply with the provisions of this Act in respect thereto, the person in default shall be liable, and if there is more than 1 such person, they shall be jointly and severally liable, to pay to the Crown the amount of any costs, charges or expenses reasonably incurred in connection with the seizure, destruction, disposal or treatment.

(2A)Where the amount of any costs, charges or expenses with respect to any measures is prescribed, the liability provided for in subsection (2) shall be to pay the prescribed amount where that amount is demanded.

(3)If any matter or thing is destroyed or otherwise disposed of under this section, the proceeds thereof (if any) less the amount of any costs, charges or expenses reasonably incurred by the Crown in connection therewith shall be paid by it—

(a)to the person or (in varying amounts if necessary) to the persons appearing to the Crown to be entitled thereto; or

(b)if no such person can be located after reasonable inquiries—to the consolidated fund;

and thereupon it shall not be liable at the suit of any person for the proceeds.

(3A) Subsection (3) shall not be construed so as to bar the right of a person entitled to recover by action proceeds payable under the subsection from a person to whom they have been paid by the Crown under the subsection.

(4)A court before which proceedings are brought for an offence by reason of which any matter or thing has been seized under this Act may give such directions as it thinks fit in relation to the disposal of the matter or thing if it remains in the possession of the Crown at the time of the completion of those proceedings and all persons concerned shall abide by those directions.

s 26 amd 1996 No. 14 ss 19, 3 sch

27Right of entry in order to comply with this Act

An owner of land occupied by another person, whether as lessee or in any other capacity, has the right to enter and remain on the land for the purpose of performing a duty or obligation imposed on the owner by or under this Act.

28Limitation of action

(1)Liability at law shall not attach to the Crown, the Minister, the chief executive, an inspector or any other person acting in aid of an inspector on account of any act or thing—

(a)done or omitted to be done pursuant to this Act; or

(b)done or omitted to be done bona fide for the purposes of this Act and without negligence.

(1A) Subsection (1) does not affect the liability of a person to disciplinary action under the Public Service Act 2008 .

(2)Notwithstanding the provisions of subsection (1), where a person suffers damage through compliance with this Act, whether by himself or herself or another person, no compensation shall be payable to the person except in a case where the person is entitled to compensation pursuant to section 14 (3).

(3) Subsection (2) does not affect the operation of—

(a)a government and industry cost sharing agreement; or

(b)another Act if it provides for financial assistance, in whatever form, or ex gratia payments.

Example for paragraph (b)—

Subsection (2) does not affect the operation of the Rural and Regional Adjustment Act 1994 .

(4)Further, the following payments do not constitute the payment of compensation under section 14 or otherwise under this Act—

(a)the payment of an amount, however called, to a person under an agreement mentioned in subsection (3) (a);

(b)the payment of an amount, however called, whether the amount was paid before or after the commencement of this subsection, to a person under an Act to which subsection (3) (b) applies.

s 28 amd 1996 No. 37 s 147 sch 2; 2005 No. 72 s 7; 2009 No. 25 s 83 sch

29Liability for offence as employee

A person is not liable to be convicted for an offence against this Act committed by the person as an employee if the person satisfies the court that the offence was committed while the business of the person’s employer was being conducted under the personal superintendence of that employer or of a manager or other representative of that employer, and that the offence was committed with the knowledge of that employer, manager or representative.

29AExecutive officers must ensure corporation complies with Act

(1)The executive officers of a corporation must ensure the corporation complies with this Act.

(2)If a corporation commits an offence against a provision of this Act, each of the corporation’s executive officers also commits an offence, namely, the offence of failing to ensure the corporation complies with the provision.

Maximum penalty—the penalty for the contravention of the provision by an individual.

(3)Evidence that the corporation has been convicted of an offence against a provision of this Act is evidence that each of the executive officers committed the offence of failing to ensure the corporation complies with the provision.

(4)However, it is a defence for an executive officer to prove—

(a)if the officer was in a position to influence the conduct of the corporation in relation to the offence, the officer exercised reasonable diligence to ensure the corporation complied with the provision; or

(b)the officer was not in a position to influence the conduct of the corporation in relation to the offence.

s 29A ins 2004 No. 24 s 23

30Modes of service

(1)A notice or other instrument under this Act that is required to be given to any person shall be taken to have been duly given to the person to whom it is directed if—

(a)it is served personally on the person or, in the case of a body corporate, on its secretary or a member of its governing body; or

(b)it is addressed to the person and left at, or sent by prepaid post to, the place of residence or of business of the person last known to the sender.

(2)A notice or other instrument which is intended to be served on the owner of any land may be addressed to the owner by that expression or a description within the meaning of that expression under this Act without a name together with the address or other description of the land in question.

(3)Without limiting the effect of subsection (1), a notice or other instrument addressed as provided for by subsection (2), shall be taken to be duly given if—

(a)it is given to some person on the land in question who is apparently above the age of 16 years and apparently employed or resident thereon; or

(b)it is affixed to some structure on the land so as to make the notice or instrument conspicuous.

s 30 amd 2007 No. 36 s 2 sch

31Delegation by chief executive

The chief executive may delegate to an officer or employee of the department the chief executive’s powers under this Act, other than the power to enter into intergovernmental agreements or government and industry cost sharing agreements.

s 31 sub 1996 No. 14 s 20

amd 2004 No. 24 s 24; 2005 No. 72 s 8

32Prosecution of offences

The prosecution of an offence against this Act is a summary proceeding under the Justices Act 1886 .

s 32 amd 1995 No. 58 s 4 sch 1

sub 1996 No. 14 s 20

32ALimitation on time for starting proceedings

A proceeding for an offence may be started within—

(a)1 year after the offence is committed; or

(b)1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.

s 32A ins 2004 No. 24 s 25

33Evidence

In a proceeding for the purposes of this Act—

(a)the appointment of an inspector, or the authority of any person or body to do any act, take any proceeding or give any directions or orders pursuant to this Act shall be presumed unless the contrary is proved; and

(b)a signature purporting to be that of the Minister, the chief executive, an inspector shall be taken to be the signature it purports to be unless the contrary is proved; and

(c)a document purporting to be a copy of directions or any order given under this Act signed by the Minister, the chief executive, inspector shall upon its production in the proceedings be evidence of the terms of the directions or order in question and of the lawful issuing thereof; and

(d)in relation to an offence against this Act a statement in the complaint or in particulars issued in connection therewith—

(i)identifying the place where the offence was committed; or

(ii)stating that the place where the offence was committed was within the State; or

(iii)stating that the defendant was the owner of land or of a matter or thing in respect of which the offence was committed;

shall be evidence of the matters stated in it; and

(e)a certificate purporting to be made by the chief executive stating the amount of costs or expenses incurred by an inspector or other person or body acting under an authority provided by this Act in taking measures under this Act described in the certificate is evidence that the measures were taken and the costs or expenses were reasonably incurred for the measures.

s 33 amd 1996 No. 14 s 3 sch; 2007 No. 36 s 2 sch

34Approval of forms

The chief executive may approve forms for use under this Act.

s 34 sub 1993 No. 32 s 3 sch 1; 1995 No. 58 s 4 sch 1

35Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may—

(a)impose fees; and

(b)create offences and prescribe penalties of not more than 20 penalty units for each offence.

s 35 prev s 35 ins 1993 No. 32 s 3 sch 1

pres s 35 ins 1995 No. 58 s 4 sch 1

amd 1996 No. 14 s 21

pt hdg ins 2004 No. 24 s 26

36Definitions for pt 8

In this part—

amending Act means the Plant Protection Amendment Act 2004 .

canker notice means the Plant Protection (Canker) Notice 2004 .

commencement means the commencement of this section.

interim period means the period from the beginning of 2 July 2004 until immediately before the commencement.

relevant area means an area declared to be a quarantine area under a relevant pest quarantine instrument.

relevant pest quarantine instrument means a regulation or notice under section 11 that was notified in the interim period.

s 36 orig s 36 ins 1993 No. 32 s 3 sch 1

prev s 36 ins 1995 No. 58 s 4 sch 1

exp 28 May 1996 (see s 36 (3))

pres s 36 ins 2004 No. 24 s 26

37Validation of relevant pest quarantine instruments

(1)A relevant pest quarantine instrument is taken to be, and always to have been, as valid and effective as it would have been if all provisions of the amending Act had been in force for the interim period.

(2)Without limiting, or being limited by, subsection (1), the canker notice is, and it is declared always was from when it was made, valid.

(3) Subsections (1) and (2) do not have the effect of imposing criminal liability retrospectively.

(4)To remove any doubt, it is declared that on and from the commencement, this Act, as amended by the amending Act, applies to an area that is a pest quarantine area even though the area became a pest quarantine area before the amending Act commenced.

s 37 ins 2004 No. 24 s 26

38Application of s 11D for particular business documents

For the application of section 11D to a relevant area—

(a) section 11D (1) (a) has application to the giving of a document even if the giving happened before the commencement, and whether the giving happened before or after 2 July 2004; and

(b)in relation to the giving of a document before the commencement, the relevant area is taken to have been declared a quarantine area on the commencement.

s 38 ins 2004 No. 24 s 26

39Application of s 21M to particular decisions in interim period

For the application of section 21M (5), definition decision of an administrative character under this section—

(a)a reference to a relevant instrument is taken to include a reference to a relevant pest quarantine instrument; and

(b)a reference to a decision of the Minister, the chief executive or an inspector is taken to include a reference to a decision of the Minister, the chief executive or an inspector made in the interim period.

s 39 ins 2004 No. 24 s 26

section 6O

Insects and mites

 Organisms

 Viruses and viroids

prev sch 1 om 1993 No. 32 s 3 sch 1

pres sch 1 ins 2004 No. 24 s 27

section 3

acceptable assurance certificate means—

(a)an assurance certificate given by an accredited person in accordance with the conditions of the person’s accreditation; or

(b)a certificate given under a corresponding law to part 4.

def acceptable assurance certificate ins 1996 No. 14 s 6

sub 2001 No. 63 s 24

amd 2002 No. 36 s 21(2)

reloc 2002 No. 36 s 21(3)

accreditation conditions see section 21C (1).

def accreditation conditions ins 1996 No. 14 s 6

reloc 2002 No. 36 s 21(3)

accreditation document means a document given to an accredited person by the chief executive for the accreditation.

def accreditation document ins 1996 No. 14 s 6

reloc 2002 No. 36 s 21(3)

accredited person means a person who is accredited under part 4 to give assurance certificates.

def accredited person ins 1996 No. 14 s 6

reloc 2002 No. 36 s 21(3)

amending Act, for part 8, see section 36.

def amending Act ins 2004 No. 24 s 28(1)

amendment of an accreditation document, includes amendment of an accreditation condition.

def amendment ins 1996 No. 14 s 6

reloc 2002 No. 36 s 21(3)

another jurisdiction means the Commonwealth or another State.

def another jurisdiction ins 1996 No. 14 s 6

reloc 2002 No. 36 s 21(3)

appliance includes any vehicle, machinery, equipment or apparatus of any kind.

def appliance reloc 2002 No. 36 s 21(3)

approved form see section 34.

def approved form ins 1995 No. 58 s 4 sch 1

reloc 2002 No. 36 s 21(3)

assurance certificate means a certificate under part 4 about a plant or other thing, including, for example, a certificate that a plant or thing—

(a)is free of any or a stated pest infestation; or

(b)is free of any or a stated pest, disease, pest infestation, infection or condition within the meaning of a corresponding law to this Act; or

(c)is in a stated condition; or

(d)is from a stated area; or

(e)has been treated in a stated way; or

(f)complies with accreditation conditions or stated accreditation conditions; or

(g)meets other stated requirements, including requirements prescribed under a regulation.

def assurance certificate ins 1996 No. 14 s 6

sub 2002 No. 36 s 21(2)

reloc 2002 No. 36 s 21(3)

authorised person means a person who holds appointment as an authorised person under section 6D.

def authorised person ins 2004 No. 24 s 28(1)

business document, for an area, see section 6N.

def business document ins 2004 No. 24 s 28(1)

business movement, for an area, see section 6M.

def business movement ins 2004 No. 24 s 28(1)

canker notice, for part 8, see section 36.

def canker notice ins 2004 No. 24 s 28(1)

commencement, for part 8, see section 36.

def commencement ins 2004 No. 24 s 28(1)

corresponding law, to this Act or a provision of this Act, means a law of another jurisdiction that is declared under a regulation to be a corresponding law to this Act or the provision.

def corresponding law ins 1996 No. 14 s 6

reloc 2002 No. 36 s 21(3)

crop plant means a plant that is intentionally grown for its consumption as food or fodder or for its resale or the sale of its products or for a commercial use.

def crop plant reloc 2002 No. 36 s 21(3)

crop plant district means a district established under section 10 (1).

def crop plant district reloc 2002 No. 36 s 21(3)

amd 2003 No. 82 s 88 sch

Director-General ...

def Director-General om from prev s 3 1995 No. 58 s 4 sch 1

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether the person is a director or the person’s position is given the name of executive officer.

def executive officer ins 2004 No. 24 s 28(1)

government and industry cost sharing agreement see section 21LA.

def government and industry cost sharing agreement ins 2005 No. 72 s 10

in, a place, includes at or on the place.

def in ins 2004 No. 24 s 28(1)

inspector means a person who is appointed under this Act as an inspector.

def inspector ins 1996 No. 14 s 6

reloc 2002 No. 36 s 21(3)

inspector’s certificate see section 19A (1).

def inspector’s certificate ins 1996 No. 14 s 6

reloc 2002 No. 36 s 21(3)

intergovernmental agreement see section 21L (1).

def intergovernmental agreement ins 1996 No. 14 s 6

reloc 2002 No. 36 s 21(3)

interim period, for part 8, see section 36.

def interim period ins 2004 No. 24 s 28(1)

land includes premises.

def land reloc 2002 No. 36 s 21(3)

Minister ...

def Minister om from prev s 3 1993 No. 32 s 3 sch 1

movement includes movement by any form of transport.

def movement reloc 2002 No. 36 s 21(3)

notification ...

def notification om from prev s 3 1993 No. 32 s 3 sch 1

owner includes—

(a)in relation to land, every person other than the Crown—

(i)who is for the time being entitled to receive the rent of the land, or who, if the land were let to a tenant at a rack rent, would be entitled to receive the rack rent; or

(ii)who is the holder of any lease, licence or other permission to occupy the land from the Crown or a person deriving title thereunder; or

(iii)who is the occupier of the land or who has the care, control or management of the land; and

(b)in relation to a thing, the person who has the thing in the person’s possession.

def owner reloc 2002 No. 36 s 21(3)

pest means any organism of the plant or animal kingdom (excluding vertebrates) or any virus or viroid or disorder or condition or cause of specified symptoms that is declared to be a pest under section 4.

def pest amd 1996 No. 14 s 3 sch

reloc 2002 No. 36 s 21(3)

pest infestation means a condition whereby the land, plant, soil, appliance or other matter or thing in respect of which the term is used supports a pest physically, nutritionally or in any other way or a condition whereby the presence of the pest in or on the land, plant, soil, appliance or other matter or thing in question exposes any plant either directly or indirectly to pest infestation.

pest quarantine area means a quarantine area declared under section 11.

plant means a member of the plant kingdom and includes the seed or seedling of or a part of a plant, whether living or dead and whether attached to a plant but does not include timber in service.

def plant amd 1991 No. 20 s 14.2(a)

sub 1996 No. 14 s 3 sch

amd 1999 No. 51 s 228 sch 1

reloc 2002 No. 36 s 21(3)

possess a thing, for a person, includes have under control anywhere—

(a)whether for the use or benefit of the person or anyone else; and

(b)although someone else has the actual possession or custody of the thing.

def possess ins 1996 No. 14 s 6

reloc 2002 No. 36 s 21(3)

QCAT information notice means a notice complying with the QCAT Act, section 157 (2).

def QCAT information notice ins 2009 No. 24 s 680

records ...

def records om from prev s 3 1995 No. 58 s 4 sch 1

relevant area, for part 8, see section 36.

def relevant area ins 2004 No. 24 s 28(1)

relevant officer means—

(a)an inspector; or

(b)an authorised person.

def relevant officer ins 2004 No. 24 s 28(1)

relevant pest quarantine instrument, for part 8, see section 36.

def relevant pest quarantine instrument ins 2004 No. 24 s 28(1)

sale includes sale by barter or exchange, agreement to sell, offering or exposure or having in possession for sale, receiving, forwarding or delivery for or on sale, and attempted sale.

def sale reloc 2002 No. 36 s 21(3)

serious pest see section 6O.

def serious pest ins 2004 No. 24 s 28(1)

State includes Territory.

def State ins 1996 No. 14 s 6

reloc 2002 No. 36 s 21(3)

this Act ...

def this Act om from prev s 3 1993 No. 32 s 3 sch 1

vehicle includes a conveyance of any kind, whether or not it is at the material time capable of being operated or moved in any manner, and includes any aircraft, vessel or any caravan, trailer or railway rolling stock.

def vehicle reloc 2002 No. 36 s 21(3)

volunteer plant means a plant that has not been intentionally grown or cultivated, and includes an uncultivated self-sown plant occurring on land on which plants of the same species have been growing as crop plants.

def volunteer plant reloc 2002 No. 36 s 21(3)

prev sch 2 amd 1993 No. 32 s 3 sch 1

om 1995 No. 58 s 4 sch 1

pres sch 2 (prev sch) ins 2002 No. 36 s 45 sch

renum 2004 No. 24 s 28(2)

Note—definitions for this Act were originally located in prev s 3.