Purpose:

To prevent, monitor, control, and eradicate plant pests and diseases, to regulate the packaging, labelling, and description of plants and plant products, and to facilitate the movement of related materials within, into, and out of Victoria.

Objectives:

• To prevent, monitor, control, and eradicate plant pests and diseases.
• To provide for the packaging, labelling, and description of plants and plant products.
• To facilitate the movement of plants, plant products, used packages, used equipment, and earth material within, into, and out of Victoria.
• To repeal the Plant Health and Plant Products Act 1995.

Key Provisions:

• Control over importation and possession of prescribed material into Victoria.
• Establishment and regulation of control areas and restricted areas to manage pest and disease spread.
• Measures for the destruction, disposal, return, or treatment of plants, plant products, and associated materials affected by pests or diseases.
• Specific provisions for addressing exotic pests and diseases, including declaration of infected places and importation orders.
• Requirements for the packaging, marking, and labelling of fruit, vegetables, and nuts for sale.
• Framework for compliance agreements, authorisation of persons to issue plant health declarations, and accreditation of persons to issue assurance certificates.
• Powers of inspectors for enforcement, including entry, inspection, sampling, detention, and seizure.
• Mechanisms for cost recovery, review of decisions, and legal proceedings related to contraventions.

Evidence of Compliance Requirements For Agricultural Organisations:

• Importation of prescribed material (Section 8):
  • Ensure prescribed material meets prescribed condition requirements.
  • Ensure prescribed material has been tested or treated in accordance with regulations.
  • Ensure prescribed material meets requirements determined by the Secretary and published on a Department website.
  • If required by regulations, send a copy of an assurance certificate, plant health certificate, or plant health declaration to the Secretary or a person authorised under a compliance agreement, and possess that copy at the time the material is delivered in Victoria.
  • If required by regulations, present prescribed material for inspection, examination, and treatment at a prescribed place or a place nominated by an inspector.
• Possession of prescribed material (Section 9):
  • For prescribed material intended for sale for the first time in Victoria, ensure that all applicable importation requirements under section 8(1C)(a) or (b) have been satisfied.
• Introduction of plants and plant products affected by disease or pest (Section 10):
  • Obtain and comply with the written consent of the Minister if importing, introducing, or bringing into Victoria any plant or plant product affected by any disease or pest or any pest or disease organism for scientific purposes, environmental protection, or furthering agricultural interests.
• Assurance Certificates (Section 11):
  • Ensure any assurance certificate required sets out details of: the person in Victoria to whom the material is being delivered; the grower or packer and the consignor; the quantity, type, origin, and destination; the condition, treatment, or testing; and the accreditation number assigned (if applicable).
  • Ensure the certificate contains any other prescribed particulars.
  • Ensure the certificate is certified by the accredited person who issued it.
  • If issued by a person accredited under section 48, ensure the certificate is in the form approved by the Secretary.
• Plant Health Certificates (Section 12):
  • Ensure any plant health certificate required sets out details of: the person in Victoria to whom the material is being delivered; the grower or packer and the consignor; the quantity, type, origin, and destination; and the condition, treatment, or testing.
  • Ensure the certificate contains any other prescribed particulars.
  • Ensure the certificate is certified by the person issuing it.
  • If issued by an inspector or inspection agent, ensure the certificate is in the form approved by the Secretary.
• Plant Health Declarations (Section 13):
  • Ensure any plant health declaration required sets out details of: the person in Victoria to whom the material is being delivered; the grower or packer and the consignor; the quantity, type, origin, and destination; and the condition, treatment, or testing.
  • Ensure the declaration contains any other prescribed particulars.
  • Ensure the declaration includes a declaration by the person issuing it verifying the details.
  • If issued by a person authorised under section 47A, ensure the declaration is in the form approved by the Secretary.
• Property identification code (Section 15):
  • If owning or occupying a property on which any prescribed plant is grown and the property does not have a property identification code, apply to the Secretary for the allocation of a code within 30 days after the plant is prescribed or starts to be grown.
  • If the property already has a property identification code, advise the Secretary within 30 days that a prescribed plant is being grown on the property.
  • Submit applications in a manner specified by the Secretary by notice published in the Government Gazette.
  • Advise the Secretary in writing of any change in the name, address, or telephone number of the owner or occupier of that property within 30 days after the change.
• Notification of plant pests or diseases (Section 17):
  • If knowing or having reason to suspect an exotic pest or disease is present in owned or controlled plant material/land/beehives, or if dealt with as a consultant/contractor or diagnostic laboratory owner/person in charge, notify an inspector without delay by the fastest means of communication available.
  • If knowing or having reason to suspect a notifiable pest or disease is present, notify an inspector, orally or in writing, within 7 days.
• Prohibition on sale of diseased plants etc. (Section 18):
  • Do not sell any plant or plant product (other than seeds) which is known, or may be reasonably expected to be known, to be affected by any disease or pest.
  • Do not sell any seeds for sowing that are mixed with any seeds known, or may be reasonably expected to be known, to be affected by any disease if the affected seeds form a proportion exceeding the prescribed limit.
• Control areas (Section 19):
  • Do not contravene any written direction of an inspector issued under subsection (3) regarding pruning fruit trees, treating/containing affected plants, growing resistant varieties, destroying plants, treating earth material/used equipment, or taking other prescribed actions to control pests or diseases. Directions must be received in writing and include a reasonable time for compliance.
• Restrictions on movement of material into or from control area (Section 20):
  • Do not cause or permit the movement of any plant, plant product, used package, used equipment, or earth material into or from a control area or within specified parts of the control area contrary to any prohibition or restriction in an order, unless authorised by a permit issued by the Secretary and all conditions in the permit are complied with.
  • Do not transport, move, or take any plant, plant product, used package, used equipment, or earth material into or out of a control area past a sign posted on or within sight of a public highway if the sign indicates prohibition under the order.
• Destruction or disposal of plants etc. at direction of Minister (Section 22):
  • Comply with written directions from the Minister to treat, destroy, or otherwise dispose of material introduced contrary to the Act or an order.
• Return, treatment or disposal of plants etc. at direction of inspector (Section 23):
  • Comply with written directions from an inspector to return, treat, or dispose of material introduced or sent contrary to the Act or an order.
• Treatment or disposal of diseased plants etc. (Section 24):
  • Comply with an inspector’s order to apply prescribed physical or chemical treatment, dispose in a manner preventing spread, process, use for stock food (not human consumption), or dispose by burning, burial, or leaving on a waste disposal site.
• Infested land notice (Section 25):
  • If a notice is given, do not remove or allow removal of specified plant material, used packages, used equipment, or earth material from the land contrary to any prohibition or restriction in the notice.
  • If a notice is given requiring destruction of a pest, plant, or plant product, destroy or cause the destruction as specified.
  • If a notice is given requiring control or eradication of a disease or pest, control or eradicate or cause control/eradication as specified.
• Control notices (Section 26):
  • Do not contravene or fail to comply with any order or direction in an inspector’s notice, which may require material to be kept at a specified place for a specified period, subjected to specified treatment or examination, have its sale/supply/purposes restricted, or be destroyed/disposed of in a specified manner.
• Disposal of plant refuse etc. (Section 27):
  • Treat used packages or dispose of plant refuse, used packages, or earth material as described in a notice served by the Secretary.
• Movement in restricted area (Section 33):
  • Do not knowingly cause or permit the movement of any plant, plant product, plant vector, used package, used equipment, earth material, or beehive into, within, or from a restricted area in contravention of the declaration, or contravene any prohibition, restriction, or requirement in the order, unless authorised by a permit from an inspector or the Secretary and all conditions in the permit are complied with.
• Testing for exotic pests or diseases (Section 43):
  • Comply with any written direction from the Secretary to have a specified examination carried out at a nominated laboratory or place, which may include taking, delivery, and examination of samples. Directions must fix a reasonable time.
• Packages to be sound and clean (Section 45):
  • Do not pack for sale or sell any packaged fruit, vegetables, or nuts unless the package is clean to touch, free of extraneous visible matter, free of objectionable odour, and in good repair.
  • Do not contravene any written order from an inspector regarding the treatment, destruction, disposal, cleaning, or repair of used packages.
• Marking or labelling where produce grown (Section 46):
  • Do not pack for sale or sell any fruit, vegetables, or nuts in a package unless the package is correctly labelled with the required information.
  • Ensure the required information (kind of fruit/vegetable/nut, and for prescribed Australian-grown produce, name and postcode of nearest city/town or Secretary-approved location code) is legibly marked on the outside of the package, on an affixed label/ticket, or (for transparent packages) on an inside label/ticket readable from the outside.
• Compliance agreements (Section 47):
  • Take reasonable steps to ensure that any requirements imposed on the party under the agreement are complied with.
  • Pay the charges set out in the agreement for its preparation and for ensuring compliance.
• Accreditation (Section 48, 50, 51, 52):
  • If considering refusing accreditation, respond to the Secretary’s written notice within the stated time (at least 28 days) to show cause why the refusal should not occur.
  • If an accreditation is suspended, an appeal against the suspension may be made within 7 days after receiving the notice.
  • Comply with all conditions imposed on an accreditation. Avoid substantial failure or a series of minor failures to comply with conditions.
• Register of accredited persons (Section 49):
  • Do not access the register unless authorised in writing by the Secretary.
• Non-compliance under order (Section 58, 59A, 59B, 59C, 59D):
  • If a determination on costs is made by the Minister, a person whose interests are affected may apply to VCAT for review within 28 days.
  • If served with a notice of debt for costs relating to non-compliance on land, pay the amount owing by the due date (not less than 30 days after the notice) to prevent a first charge being placed on the land.
• Review of decisions (Section 60):
  • If aggrieved by an inspector’s decision to issue an order or notice under section 24 or 26, apply to the Secretary for a review before the end of the compliance period stated in the order/notice.
  • If aggrieved by the Secretary’s decision to issue or give a notice under section 25 or 27, apply to the Minister for a review before the end of the compliance period stated in the notice.
  • If aggrieved by the Secretary’s direction under section 101, apply to the Minister for a review within 7 days after receipt of the direction.
• Inspector’s identification certificates (Section 63):
  • Inspectors appointed under section 61 must produce their identification certificate for inspection before exercising a power (unless made by post or electronic communication) and at any time during the exercise of a power if requested.
  • Inspectors authorised under section 62 must produce their police officer or emergency services agency identification and a copy of their appointment instrument under section 62 if requested.
• Identification of inspection agents of approved inspection services (Section 71):
  • Inspection agents must produce their identification certificate for inspection before exercising a power (unless made by post or electronic communication) and at any time during the exercise of a power if requested.
• Offence to remove detained or seized items without authority (Section 98):
  • Do not remove the whole or any part of detained or seized plants or plant products while the detention or seizure notice remains in force, except with the written authority or direction of an inspector or the Secretary.
• Compliance with directions (Section 102):
  • Comply with a direction received under section 101 or a notice of the Minister’s decision from a review under section 60.
  • Within 7 days of compliance, make a statutory declaration confirming compliance and send it to the Secretary.
• Inspector’s powers of detention (Section 104):
  • Do not remove any package or the whole or any part of any plant or plant product detained in accordance with this section, except with the written authority of an inspector or the Secretary.
• Procedures on taking samples (Section 105):
  • If an inspector takes a sample, the owner must receive payment or a tender of current market value (or a receipt if negligible value).
  • If plants or plant products are for retail sale in unopened packages, allow the inspector to buy the whole package unless a sample can be removed without affecting saleability.
  • If practicable, the owner/person in charge should be advised that the sample is detained for examination.
  • If practicable, the sample should be divided into three parts: one for the owner, one for examination, and one untouched for future comparison.
• Road barriers and stopping vehicles (Sections 110, 111):
  • If a notice or sign warns of a road barrier or an inspector exercising powers, the driver of a vehicle must stop at or near and before reaching the road barrier/inspector, and keep the vehicle stationary until permitted to proceed by an inspector.
• Power to obtain information (Section 117):
  • Answer any question that an inspector reasonably believes may provide information bearing on the prevention, control, or eradication of an exotic pest or disease.
  • State your name and place of residence when required by an inspector.
  • Produce any record or other document required by an inspector.
  • Allow inspectors to inspect and take extracts from or copies of any record or other document. The inspector must first inform the person that refusal is an offence and of the effect of section 118 (no privilege against self-incrimination).
• Power to serve a notice (Section 119):
  • Pay the prescribed infringement penalty for offences specified by regulations for which an infringement notice may be issued.
• Enforcement of undertakings (Section 122):
  • Comply with any order made by the Magistrates’ Court regarding an undertaking, which may include an order to comply with the undertaking or take specified action to comply.
• Offences relating to enforcement (Section 132):
  • Do not obstruct or hinder an inspector in exercising their powers.
  • Do not contravene a lawful direction, order, or requirement of an inspector.
  • Do not refuse to answer a question lawfully asked by an inspector or to produce a document lawfully required (unless genuinely believing it would incriminate).
  • Do not give any information or answer that is known to be false or misleading in a material particular to an inspector in response to a lawful request.
  • Do not refuse to produce any plant, plant product, used package, used equipment, or earth material when lawfully requested.
  • Do not give, procure, offer, or promise any bribe, recompense, inducement, or reward to influence an inspector, or attempt to do so.
  • Do not interfere with anything done by an inspector.
  • Do not include in an application or request to the Secretary a statement that is known to be false or misleading in a material respect.
• Offences about certification (Section 133):
  • If not an accredited person, do not issue or use anything that purports to be an assurance certificate for specified materials.
• Offences about authorisation (Section 133A):
  • If not authorised under section 47A (or a corresponding law), do not issue or use anything that purports to be a plant health declaration.
• False statements in certificates and declarations (Section 134):
  • Do not knowingly include a false statement or information in any assurance certificate, plant health certificate, plant health declaration, or document purporting to be one.
  • Do not include a false statement or false information in any assurance certificate, plant health certificate, plant health declaration, or document purporting to be one.
• Alterations to certificates and declarations (Section 135):
  • Do not alter or permit to be altered any information or statement in a plant health certificate unless authorised in writing by an inspector, inspection agent, or authorised officer.
  • Do not alter or permit to be altered any information or statement in a plant health declaration unless authorised in writing by a person authorised by the Secretary to issue plant health declarations.
  • Do not alter or permit to be altered any information or statement in an assurance certificate unless authorised in writing by the accredited person who issued it, or the alteration relates to the splitting of a consignment and is made by a person authorised by the Secretary or a corresponding State/Territory authority.

Metadata Keywords:

Plant Biosecurity, Disease Control, Pest Management, Agriculture, Victoria, Legislation, Importation, Compliance, Accreditation, Enforcement.

Publication Information:

Authorised Version No. 010 Plant Biosecurity Act 2010 No. 60 of 2010 Authorised Version incorporating amendments as at 22 April 2024. Commencement Date: 1 July 2012.

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Wheat, Wool.

Date Added to database:

This document was parsed and added to the database on 26-07-2025

URL:

https://content.legislation.vic.gov.au/sites/default/files/2024-04/10-60aa010-authorised.pdf →