21/Dec/2001 - Current (at 31 Dec 2005)
Notify me when this title changes.
Full Act - PDF

    39. Regulations

    (1) The Governor may make regulations prescribing all matters which by this Act are required or permitted to be prescribed or which it may be necessary or convenient to prescribe for giving effect to this Act.

    (2) Without limiting the generality of any of the above provisions, it is declared that the Governor may by regulations

    (a) prescribe the manner in which plants, fruit, coverings, goods, conveyances, vessels or other things shall (whether infected or not) be treated in order to eradicate disease or to lessen the risk of the spread of disease;

    (aa) regulate the manner of and procedures for the stopping and inspecting by any inspector of conveyances and vessels under the provisions of this Act;

    (ab) regulate the detention of conveyances, vessels and other things pending inspection or disinfection or other treatment under this Act;

    (ac) regulate the issue of notices under section 23(2)(d) and (4)(c);

    (b) prescribe conditions under which any potential carrier may be brought into the State and provide that the breach of any such condition constitutes an offence;

    (ba) provide for the quarantine, examination and certification of any potential carrier whether brought into the State or not, and provide for the seizure and destruction of any potential carrier found to be infected;

    (bb) prescribe places to be the places at which plants or fruit are permitted to enter the State;

    (bc) prohibit, restrict or regulate the movement of any plant or fruit, conveyance, vessel, coverings or other things whether infected or not, into the State or into or out of any specified part of the State;

    (bd) provide for the management of quarantine areas and for the treatment and period of treatment, of plants or fruit in quarantine areas and prohibit the removal therefrom of, and interference with, any such plants or fruit;

    (be) prescribe all necessary forms and the manner of, and time for, their completion and require any information or certificate supplied pursuant to the regulations to be verified by statutory declaration;

    (bf) for the purposes of section 22B

    (i) provide for

    (I) the standards required in private inspection and treatment premises;

    (II) the conduct of private inspection and treatment premises;

    (III) the registration, or classes of registration, of private inspection and treatment premises;

    (IV) the annual renewal of any registration referred to in subparagraph (III);

    (V) the imposition of conditions (if any) on the registration of private inspection and treatment premises; or

    (VI) the suspension or cancellation by the Director General of the registration of any private inspection and treatment premises at any time if they are not operated in accordance with the regulations;

    (ii) prescribe facilities and the standards of design and construction required under subsection (1) of that section; and

    (iii) prescribe the fees payable under subsection (2)(b) of that section;

    (bg) prescribe the procedures that may be specified in

    (i) a direction under section 23A; and

    (ii) an approval under section 23B;

    (bh) prescribe the form of declaration required under section 23D(1);

    (c) prescribe the matters in respect of which fees or charges shall be payable under this Act, and fix the amounts of such fees or the permissible limits, of such fees or charges and the mode of payment and recovery thereof;

    (d) require the occupiers of plant nurseries to fumigate and disinfect all plants before the same are sent out from the nurseries, and prescribe the manner of such fumigation and disinfection;

    (e) require coverings containing fruit or plants to be branded or labelled, and prescribe the manner of such branding or labelling;

    (f) regulate the sale of insecticides and fungicides and preparations for the destruction of any disease which commonly attacks or is found on plants, and compel vendors of the same to supply to purchasers particulars of the ingredients thereof and to guarantee the truth of the particulars supplied;

    (fa) prescribe the offences for which an infringement notice may be given under section 35;

    (fb) prescribe a modified penalty for an offence prescribed under paragraph (fa);

    (g) impose a penalty not exceeding $5 000 for the breach of any regulation.

    (3) Section 43(8)(c) of the Interpretation Act 1984 shall be deemed to be amended for the purposes of this section by deleting }a specified person or body or a specified class of person or body~ and substituting the following


            the Director General of Agriculture 3 or a person authorised by him.
    [Section 39 4 amended by No. 3 of 1949 s. 5; No. 45 of 1952 s. 2; No. 60 of 1958 s. 4; No. 53 of 1962 s. 8; No. 22 of 1966 s. 11; No. 94 of 1972 s. 4 (as amended by No. 19 of 1973); No. 64 of 1979 s. 6; No. 55 of 1981 s. 11; No. 51 of 1984 s. 22; No. 20 of 1989 s. 3; No. 40 of 1993 s. 18.]

Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.