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©State of Queensland
QUEENSLAND
[Reprinted as at 1 January, 19841
lants Act of 1929, 20 Geo. 5 No. 11 As amended by
Part I1 and First Sch. in relation to this Act commenced 1 January, 1974 (Proc.
itations of Actions Act 197
pubd. Gaz. 22 December 1973, p. 2158).
An Act to Consolidate and Amend the Law relating to Diseases in Plants, and for other purposes.
[ASSENTED TO 27 NOVEMBER, 19291 E IT ENACTED by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
.
Short title. This Act may be cited as “The Diseases in Plants Act of 1929”.Collective title conferred by Act of 1972, No. 31, ss. 6, 7, First Sch.
2. To come into o ~ e r ~ t ~ o n by ~oclamation. This Act shall come into operation on a day to be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date shall be referred to as the commencement of this Act.
Commenced 27 February, 1930 (Proc. pubd. Gaz. 27 February, 1930, p. 669).
2 s. 3 DISEASES IN PLANTS ACT 1929-1972 s. 4
3. Repeal of “The Diseases in Plants Acts,
herein referred to as the repealed Acts:
Provided that without limiting the operation of “The Acts Shortening (a) All Proclamations and notifications made and published, all appointments made, all regulations and forms made and promulgated, any authority, direction, notice, or order made or given under the repealed Acts, and all things done or purporting to be done under the said repealed Acts, and generally all acts of authority originated under the said repealed Acts and in force or stkbsisting at the commencement of this Act, shall continue in full force and effect and shall so far as is consistent with this Act be deemed to have been made, published, promulgated, made, given, done, and originated under and for the purposes of this Act;
(b) All matters and proceedings commenced under the said repealed Acts and pending or in progress at the commencement of this Act may be continued, completed, and enforced under this Act.
Acts’’-
.
I n ~ ~ r ~ r e t ~ t ~ Q ~ . In this Act, unless the context or subject-matter otherwise indicates or requires, the following terms have the meanings respectively assigned to them, that is to say:-“Abandoned or neglected orchard or nursery”-An orchard or nursery which is not receiving adequate care and attention, and which in the opinion of an inspector has been uncultivated or neglected during a period of not less than six months prior to the inspection by the inspector thereof, and where by reason of such in care and attention, non- cultivation, or neglect, ard or nursery is liable to harbour and spread disease or pests:
In the case of bananas, a banana orchard- (a) In which disease is not being controlled either-
(i) To the satisfaction of an inspector; or (ii) As is prescribed, or
(b) Which is not receiving adequate care and attention and which in the opinion of an inspector has been uncultivated or neglected during a period of not less than six months prior to the inspection by the inspector thereof, and/or where weed growth for a distance of 1 metre from each plant during such period of six months has not been entirely suppressed,
and where by reason of such inadequate control of disease or inadequate care and attention, non-cultivation, or neglect
s. 4 DISEASES IN PLANTS ACT 1929- 1972 s. 4 3
(as the case may be) such banana orchard is liable to harbour or spread a disease or a pest;
“Appliance”-Any machine, implement, or apparatus, or part thereof, that has been used or that in the opinion of an inspector has been used for any purpose connected with land husbandry and whether so used or believed to have been so used within or without the State of Queensland;
“Disease”-Any disease affecting trees, plants, fruit, or vegetables caused by or consisting of the presence of any insect or fungus; and any other disease affecting trees, plants, fruit, or vegetables which the Governor in Council from time to time, by Proclamation, declares to be a disease within the meaning of this Act, and whether or not caused by or consisting of the presence of any insect or fungus. Without limiting the generality of the above definition, the term may include the presence of suspicious symptoms which, although not ascertainable as a certain specific disease, in the opinion of the Minister should be deemed a disease for the purposes of this Act;
“Diseased”-Affected with disease or liable, by reason of having been in contact, to be affected with disease;
“Fruit”-The edible product of any plant, whether such fmit is or is not attached to the plant: the term includes the peel, slun, or shell of such product and also the seeds of such plants;
“Fruit district”-A fruit district proclaimed under this Act;
“Fungus”-Any fungus, virus, or vegetable parasite which the Governor in Council from time to time, by Proclamation, declares to be a fungus within the meaning of this Act, in whatever stage of existence such fungus, virus, or vegetable parasite may be;
“Insect”-Any insect which the Governor in Council from time to time, by Proclamation, declares to be an insect within the meaning of this Act, in whatever stage of existence such insect may be: for the purpose of this Act the term “insect”
also includes “mites” and “nematodes”;
“Inspector”-Any inspector appointed under this Act or person performing the duties of an inspector: the term includes the Director of Fruit Culture;
the Crown for the time being charged with the administration of this Act;
“Nursery”--Any place where plants or fruit trees are grown for sale or are offered or exposed or kept for sale;
“Occupier”-The person in occupation of any land, premises, nursery, orchard, or place: or where any orchard or nursery forms part of any land then the person in occupation of such
“Minister”-The Secretary for Agriculture or other
4 s. 4 DISEASES IN PLANTS ACT 1929-1972 s. 4
land as is comprised in such orchard or nursery, as the case may be.
If reasonable enquiry by an inspector establishes that at the time of the commission of the alleged offence or other the material time within the meaning of this Act there was no occupier of land, premises, nursery, orchard, or place, or if an inspector cannot after reasonable enquiry find the person who is such occupier, then the owner shall be deemed to be the occupier;
“Orchard”-Any place within a fruit district where one or more fruit-producing plants are grown: the term where necessary for the purposes of this Act or as may be prescribed also includes a plantation;
“Qwner”-The person other than His Majesty who is for the time being entitled to receive the rent of any land, or who if the same were let to a tenant at a rack rent would be entitled to receive such rack rent: the term also includes the holder of any lease or license or permission from the Crown, or any person deriving title thereunder;
“Person” includes any partnership or firm and any body of persons corporate or unincorporate;
“Pest”-Any plant, insect, or fungus which the Governor in Council from time to time, by Proclamation, declares to be a pest;
“Plant”-Any tree, vine, shrub, vegetable, or any other plant whether of the same kind as the plants before enumerated or not: the term includes a seed, flower, cutting, bud, graft, bulb, root, slip, and any live part of any plant;
“Plantation”-Any sugar plantation or land where any grain or cereal or other product of the soil is grown, and whether in a fruit district or part of a fruit district or outside a fruit district;
“Prescribed”-Prescribed by this Act;
“Quarantine area”-Any land declared by the Governor in Council by Proclamation published in the Gazette to be a quarantine area for the purpose of the more effectual control of a disease or a pest;
“Regulations”-Regulations made under this Act;
“This Act”-This Act and all Proclamations, Orders in Council, and regulations made or purporting to be made thereunder;
“Tree,” “Plant,” and “Vegetable” respectively include the fruit or other product of any tree, plant, or vegetable, and every part of any tree, plant, or vegetable, and of the fruit or product thereof.
As amended by Act of 1930, 21 Geo. 5 No. 22, s. 18; Act of 1934, 25 Geo. 5 No.
3, s. 2; Act of 1935, 26 Geo. 5 No. 17, s. 2; Act of 1948, 13 Geo. 6 No. 2, s. 2; Act of 1972, No. 31, s. 6 First Sch.
s. 5 DISEASES IN PLANTS ACT 1929- 1972 s. 7 5
wers in aid of Act. The Governor in Council may from time Proclamation declare-
(i) Introduction of plants. That the introduction into Queensland from another State in the Commonwealth, or into any portion of Queensland specified in such Proclamation, of any or every plant or appliance which is, in his opinion, likely to introduce any pest or disease, shall be either absolutely prohibited or permitted only as prescribed;
lants. That the removal of any or every plant from or out of any nursery, orchard, or other place, or from or out of one portion of any nursery or orchard or place to any other portion of the same nursery or orchard or place, shall be either absolutely prohibited or permitted only as prescribed;
istricts. Any district the boundaries of which are in such Proclamation to be a fruit district for the etc. Any disease affecting any plant or fruit to be a disease, or any fungus to be a fungus, or any insect to be an insect, respectively, within the meaning of this Act;
ests. Any plant, insect, or fungus to be a pest in any fruit district, and that such pest shall be dealt with as prescribed.
rposes of this Act;
As amended by Act of 1948, 13 Geo. 6 No. 2, s. 3.
p o ~ n ~ e n ~ of inspectors. The Governor in Council may from e appoint such qualified persons as may be deemed necessary to be inspectors under this Act, and may from time to time suspend, dismiss, or remove any such inspectors.
The Governor in Council may provide for the remuneration of any such inspectors out of any moneys appropriated by Parliament for that purpose.
The production of a copy of the Gazette containing any notice of the appointment of any person to the office of an inspector shall be sufficient evidence of such appointment.
e ~ ~ s t r a t ~ o n of orchards. The Governor in Council may from by Order in Council require that every occupier or owner of any prescribed orchard established or used for the purpose of obtaining a monetary return therefrom shall, on or before such date as prescribed, register his orchard:
Provided that the proof that the orchard has not been established or used for the purpose of obtaining a monetary return shall be upon the occupier or owner thereof.
egistration of nurseries. Every occupier or owner of a nursery shall, on or before the thirty-first day of January in every year or such date as may be prescribed, register his nursery by furnishing a return as prescribed, and shall pay such fee for registration as may be prescribed.
2
6 s. 8 DISEASES IN PLANTS ACT 1929-1972 s. 9
(3) Failure to register. Failure to comply with this section shall render the occupier or owner liable to a penalty of not less than two dollars nor more than ten dollars for a first offence, and not less than four dollars nor more than twenty dollars for any subsequent offence.
Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.
oval of ~ l ~ n t $ , etc., contrary to Act. ( 1 ) A pers or bring into or cause to be introduced or brought into Queensland or any portion of Queensland any plant or appliance in contravention of a Proclamation made under this Act or any pest.
(2) No person shall remove or cause to be removed from or out of any nursery, orchard, or other place or from or out of one portion of any nursery or orchard or place to any other portion of the same nursery or orchard or place any plant or appliance in contravention of a Proclamation made under this Act.
(3) No person shall import, introduce, bring, transfer, cause, or knowingly permit to be imported, introduced, or brought into Queensland any insect or fungus except for scientific purposes only and the consent of the Minister.
As amended by Act of 1948, 13 Geo. 6 No. 2, s. 4.
o ~ - c ~ m ~ l i a n c ~ with ing. No person shall introduce or cause to be introduced into Queensland or remove or cause to be removed from or out of any nursery or orchard or place any nursery stock of fruit trees or plants which do not comply with the grades prescribed.
Inserted by Act of 1930, 21 Geo. 5 No. 22, s. 19.
ackages, etc., may
(a) Every insect and every fungus and every plant, pest, and appliance introduced or brought into Queensland or any portion of Queensland, or removed from or out of any nursery, orchard, or other place or from or out of one portion of any nursery or orchard or place to any other portion of the same nursery or orchard or place, contrary to this Act; and
(b) Every diseased plant introduced or brought into Queensland or any portion of Queensland or removed from one part of Queensland to another part thereof; and
(c) Every appliance, box, basket, package, or case harbouring, infested by, or containing any such insect, fungus, plant, pest, or appliance, as in paragraph (a) or (b) hereof mentioned;
may forthwith be seized by or on the order of the Minister or any inspector, and shall be dealt with, whether by the destruction thereof or otherwise, as the Minister or such inspector may direct.
As amended by Act of 1948, 13 Geo. 6 No. 2, s. 5.
s. 10 DISEASES IN PLANTS ACT 1929- 1972 s.10 7
.
Powers of ins ectors. (1) Any inspector may-(a) Seize and detain any tree, plant, fruit, and vegetable suspected to be diseased, which is being introduced into Queensland or removed from one part of Queensland to another part thereof, or from one portion of any nursery or orchard or place to any other portion of the same nursery or orchard or place, and every appliance, box, basket, package, case, or any other material which is suspected to contain any diseased tree, plant, fruit, or vegetable, or to harbour or to be infested by any insect, fungus, or pest, and remove and examine the same; and further may take away specimens in respect of such tree, plant, fruit, or vegetable for scientific examination or as may be otherwise directed by the Minister.
The marking with a broad arrow by an inspector of a tree, plant, fruit, vegetable, appliance, box, basket, package, case, or other material so seized and detained as aforesaid shall be sufficient notification to all persons concerned that the inspector has so seized and detained such tree, plant, fruit, vegetable, appliance, box, basket, package, case, or other material, as the case may be;
(b) Without notice, and with or without such assistants as he may think fit, enter at all reasonable times upon any land, premises, or place, and any building, structure, vehicle, or any other thing, and there search for and examine any appliance or any tree, plant, fruit, vegetable, insect, fungus, or pest, and at any place whatsoever examine and inspect any appliance, box, basket, package, case, or any other material that harbours or is likely to harbour any insect, fungus, or pest, and may remain on such land, premises, or place so long as may be reasonably necessary for such purpose; and further may take away specimens in respect of any tree, plant, fruit, vegetable, or otherwise for scientific examination or as may be otherwise directed by the
(2) Any inspector may order the owner or person apparently having the possession or custody of any appliance which is being introduced or brought into Queensland or any portion of Queensland, or which is being removed from one part of Queensland to another part thereof, or which is being removed from one portion of any nursery, orchard, or place to another portion of that nursery, orchard, or place, or (in the case of any such appliance which is in the possession of the Commissioner for Railways or of any other carrier) the owner, consignor, or consignee thereof, to take such measures or to do such acts with respect thereto, and with respect to any box, package, case, or other container whatsoever in which the same is packed or contained, as the inspector considers necessary to ensure that such appliance and every such box, package, case, or other container will be free both from any pest and from any plant which may be diseased or which is capable of being affected by any disease or pest.
8 s. 1 o A DISEASES IN PLANTS ACT 1929-1972 s. 11
A person to whom an order under this subsection is directed shall comply in every respect with the requirements of that order and if he fails to do so he shall be guilty of an offence against this Act.
If such an order is not complied with in every respect to the satisfaction of an inspector, he may take or do or cause to be taken or done, at the expense of the person to whom the order was directed, all such measures and acts as were, in his opinion, not taken or done by that person in obedience to the order, but such person shall not be thereby relieved from liability to punishment for having failed to comply in every respect with such order.
Any such expense may be recovered in a summary way under “The Justices Acts, 1886 to 1948,” or by action as for a debt in any court of competent jurisdiction.
As amended by Act of 1935, 26 Geo. 5 No. 17, s. 3; Act of 1948, 13 Geo. 6 No. 2, s. 6.
hen a ~ ~ l i a n c e to be cleaned before r e ~ o v a l one The owner or person in charge of any harvesting,
grinding, or chaff-cutting appliance shall not, at any time after that appliance has been used on land the property of any person, remove or permit or allow the same to be removed to land the property of another person for use on such lastmentioned land unless such appliance has been thoroughly cleaned out after use and before removal as aforesaid.
This section shall be in force in such portions of the State as shall be specified by the Governor in Council, from time to time, by Proclamation published in the Gazette.
ccupier or owner
Inserted by Act of 1948, 13 Geo. 6 No. 2, s. 7.
When any inspector finds upon any land, premises, or place, any tree, plant, fruit, or vegetable which is in his opinion diseased, or any insect or fungus harbouring in any building, structure, vehicle, or any other thing, or any box, basket, package, case, or any other material, or existing in any part of such land, premises, or place, he may issue an order to the occupier, or, if there is no occupier, then the owner of such land, premises, or place, or to the owner or person apparently in charge of any such vehicle, box, basket, package, case, or other material, or thing, directing him either forthwith or within a time to be fixed by the order to destroy all such diseased trees, plants, fruit, and vegetables, and all such insects and fungi, and also (if in his opinion it is necessary) all such boxes, baskets, packages, cases, containers, and other material, and to take all such futher or other measures for the eradication of disease as are in his opinion necessary or as are prescribed:
Provided that when any inspector finds any such tree, plant, fruit, vegetable, box, basket, package, case, or other material as aforesaid in the possession of the Commissioner for Railways or any other carrier the inspector may, in lieu of issuing such order as aforesaid to any of the abovementioned persons, issue such order to the consignee or
s. 12 DISEASES IN PLANTS ACT 1929-1972 s.13 9
consignor of such tree, plant, fruit, vegetable, box, basket, package, case, or other material.
(2) When any inspector finds upon any land, premises, or place any fruit of any kind, any of which contains or has at any time contained fruit fly or codlin moth, he shall issue an order to the occupier, or, if there is no occupier, then to the owner of such land, premises, or place immediately to gather and destroy all such fruit.
(3) When in the opinion of any inspector the occupier or owner of any land, premises, or place upon which is fallen fruit of any kind, any of which contains or has at any time contained fruit fly or codlin moth, has failed (whether an inspector has or has not issued any order in that behalf) to gather and destroy such fruit for a period of twenty-four hours after such fruit has fallen, such failure to gather and destroy the fruit shall constitute an offence.
(4) Any inspector, with or without assistants, may at any time enter upon such land, premises, or place and gather and destroy such fruit, and the cost of such gathering and destruction shall be recoverable as provided by section thirteen of this Act with respect to the recovery of costs, charges, and expenses.
( 5 ) When in the opinion of the inspector it is necessary for the prevention of the spread of any virulent disease that any trees, plants, or vegetables which are not affected thereby should be destroyed, he shall report the fact to the Minister, who may thereupon issue an order to the occupier, or, if there is no occupier, to the owner of the land, premises, or place whereon such trees, plants, or vegetables are, directing him to destroy such trees, plants, or vegetables within a time after the service of such order to be therein stated, and in such manner as is thereby directed or as is prescribed, and also to take such further or other measures for the prevention of disease as are in his opinion necessary or as are prescribed.
As amended by Act of 1935, 26 Geo. 5 No. 17, s. 4.
owner or occupier or person apparently in charge of any land, premises, or place fails to comply with the direction contained in any order of an inspector or the Minister served upon him, any inspector, with or without assistants, may enter upon such land, premises, or place in question at any time, and do all such things and take all such measures as may be necessary for the enforcement of such order.
ecovery of costs, char enses. The amount of any costs, charges, and expenses, together with interest at the prescribed rate, incurred by any inspector in or about taking such measures as prescribed shall, in addition to or in lieu of any proceedings for the recovery of a penalty, be recoverable from the occupier, or, if there is no occupier, then from the owner of the land, by complaint in a summary way or by action in any court of competent jurisdiction.
10 s.14 DISEASES IN PLANTS ACT 1929-1972 s. 15
Moreover such amount as aforesaid, until paid, shall be and remain a first charge upon the land and payable by the owner thereof for the time being:
Provided that an unsatisfied judgement or order for the recovery of any such costs, charges, or expenses shall not be a bar to the recovery thereof from any other person liable to the payment thereof.
1 ~ ~ r $ ~ r ~ ~ $ . (1) If an inspector reports to the Minister that any orchard or nursery is an abandoned orchard or nursery as defined by this Act, the Minister may give notice to the occupier or, if there is no occupier, then to the owner of the land, that he has decided to exercise the powers conferred him by this section. Any person aggrieved by a decision of the ter under this subsection may appeal therefrom to a court of petty sessions constituted by police magistrate in the manner prescribed, whose decision shall be final and conclusive and without appeal.
(2) If within a period to be prescribed an appeal has not been lodged by such occupier or owner, or his appeal has proved unsuccessful, the Minister may order all plants in the orchard or nursery which in the opinion of an inspector are likely to harbour or spread any disease or pest, to be destroyed.
(3) Failure on the part of the occupier or owner, as the case may be, to comply with any such order shall constitute an offence under this Act, and moreover the provisions of sections twelve and thirteen of this Act shall, mutatis mutandis, apply and extend accordingly.
As amended by Act of 1935, 26 Geo. 5 No. 17, s. 5.
Court of petty sessions-now Magistrates Court. See Justices Act Amendment Act of 1964, s. 2 (4).
~ ~ a ~ t i ~ e areas. Without in any way limiting the operation section five of this Act, the Governor in Council may from time to time, by Proclamation, declare any area, whether situated wholly in a fruit district or partly in a fruit district and partly outside a fruit district, or wholly outside a fruit district, to be a quarantine area for the purposes of this Act, and may define the boundaries of such quarantine area in such Proclamation:
Provided that the Governor in Council may, by Proclamation, suspend for any period or extend for any period or may cancel any existing Proclamation so declaring a quarantine area.
tine. In any quarantine area so proclaimed, such Proclamation may set forth the reason for and/or nature of the quarantine to be imposed in such area, or the Minister may declare the nature of the quarantine that shall be so imposed in such area, or in respect of the undertaking mentioned in the next following subsection, and any inspector is hereby authorised and empowered to give such orders and to take such action as may be deemed necessary for the purposes of such quarantine accordingly.
eclare nature of
s. 15 DISEASES IN PLANTS ACT 1929-1972 s. 15 11
certain cases. The Minister may, if he thinks fit, instead of declaring land to be a quarantine area, accept an undertaking in the prescribed form given by the occupier or owner of the land to comply with the requirements mentioned therein. Upon such undertahng being given, the land mentioned therein shall for the period therein specified be deemed to be a quarantine area, and the person giving the undertaking shall comply with all the terms and conditions thereof.
In any such quarantine area, the quarantine may be general or in respect of a particular disease or pest.
Any such quarantine may be determined or declared in respect of a particular disease or pest, notwithstanding that the area is already declared a quarantine area for some other disease or pest.
st. Any quarantine such area there is er. The duties and e of action to be taken by the occupier, or if U a r ~ ~ t ~ ~ e area where a
be so proclaimed notwithstandi an absence of any disease or pest.
there is no occupier, by the owner of the land, in any such area shall be as is prescribed or as may be directed by the
of area. The Governor in Council on the the Minister may, by Order in Council published in the Gazette, apply to any specified part of a quarantine area any special provisions, conditions, and stipulations (of a more drastic nature) and any further duties and obligations to be obeyed and to be given effect to by any occupier, or if there is no occupier, by any owner of land in any such specified part of a quarantine area as prescribed in the Order in Council.
Such special provisions, conditions, and stipulations, and any further duties and obligations may be in addition to any other duties and obligations and course of action as aforesaid prescribed in the quarantine area in which the specified part as aforesaid is embraced.
a like Order in Council direct that all plants of a particular class and the fruit thereof within a quarantine area or within some specified part thereof as aforesaid shall be treated for the disease or pest in respect of which the quarantine is imposed, whether the plants or fruit are diseased or infested or not.
s. If the occupier or owner of any land, premises, or place within a quarantine area fails to comply with the directions contained in any Order in Council, any inspector with or without assistants may enter upon such land, premises, or place in question at any time and do all such things and take all such measures as may be necessary for the enforcement of such directions;
and the provisions of section thirteen of this Act shall, mutatis mutandis, apply and extend accordingly.
12 s.16 DISEASES IN PLANTS ACT 1929-1972 s. 20
(8) W ~ e n removal or lanting an offence. It is hereby declared that the removal, planting, or transplanting of any plant or plants of any variety which may be specified by any Proclamation, declaration, or Order in Council as aforesaid within a quarantine area shall be prohibited, unless permission for such removal, planting, or transplanting is granted by the Minister or by an inspector, either generally or in any particular case, and in accordance with any directions imposed by the Minister or inspector therein. Any person offending against the provisions of this section shall be guilty of an offence against this Act.
As amended by Act of 1935, 26 Geo. 5 No. 17, s. 6.
ease. The occupier of
any t appears shall, within
twenty-four hours or such other further time as may be prescribed after first discovering or becoming aware of its appearance, give written notice thereof to an inspector or to the Under Secretary, Department of Agriculture and Stock.
This section ap lies only in respect of the diseases and pests to which it is made app
f
icable by the Governor in Council by Proclamation published in the Gazette.forthwith serve on the occupier or, in case there is no occupier, the owner of land a notice requiring him to take such measures or do such acts as are specified in such notice, or are prescribed, to destroy or prevent the spread of any disease or pest.
.
Whenever disease or r may forthwith serve on the occupier or, if there is no occupier, the owner, a notice requiring him to quarantine the land and premises and the plants thereon for a period not exceeding twenty-one days, and to take such measures or do such acts as are specified in such notice or are prescribed.Such notice may name a time at which the doing of anything thereby required shall be commenced, and a time within which it shall be completed.
3. In case of default by the occupier with the terms of any notice given by an inspector under sections seventeen and eighteen, the provisions of sections twelve and thirteen shall apply and extend accordingly.
2 er. The production any order, direction, or notification purporting to be signed by the inister or Under Secretary or by the Director of Fruit Culture or by any inspector or other officer authorised by the Minister, or of any certified copy thereof, shall in the absence of proof to the contrary be sufficient evidence of the due making of such order, direction, or notification, and that it was duly signed by the person by whom it purported to be signed.
s. 23 13
§. 21 DISEASES IN PLANTS ACT 1929-1972
The production of a certificate purporting to be signed by any inspector or of any certified copy thereof that any costs, charges, or expenses of an amount stated have been incurred by such inspector upon any land, premises, or places under or for the purposes of this Act shall be prim2 facie evidence that costs, charges, or expenses were duly incurred and that the amount thereof so stated is the correct amount.
Unity Qf ~ n s ~ e c ~ Q ~ $ %LIP ers. No inspector, and no rson acting under the direction or order of an inspector, or the inister shall be deemed to be a trespasser by reason of any entry or struction under this Act, or be liable for any damages occasioned by carrying out of this Act, unless the same were occasioned maliciously and without reasonable or probable cause.
WO person shall be entitled to receive any compensation whatsoever in consequence of any measures lawfully taken for the eradication or prevention of the spread of any disease or pest, or the destruction of any insect or fungus or any prohibited or diseased tree, plant, or vegetable, or in respect of any loss or injury that may result to him therefrom, either directly or indirectly.
e n s a t i ~ ~ in certain c ses. Provided that in any case where any tree, plant, or vegetable not diseased is destroyed by or under the direction of the Minister for the purpose of preventing the spread of any virulent disease, the owner of the tree, plant, or vegetable SO
destroyed shall be entitled to such compensation therefor as the owner and the Director of Fruit Culture may mutually agree upon; and failing their so agreeing the matter shall be submitted to an arbitrator to be chosen by the owner and the Director, as the case may be, or, if they cannot agree on an arbitrator, to be chosen by the Minister; and the decision of the arbitrator shall be final. Such compensation shall be deemed to be an expense under this Act.
The provisions of this subsection do not apply to any tree, plant, or vegetable which has been destroyed in the course of dealing with any land under section fourteen of this Act.
(2)
As amended by Act of 1948, 13 Geo. 6 No. 2, s. 8.
22. (Repealed).
Repealed by Act of 1974, No. 75, s. 4 Sch. (as from 1 July 1975).
nces. Every person shall be guilty of an offence against (a) In any manner obstructs or impedes ny person in the
execution of any of the powers conferre by this Act; or (b) Disobeys or neglects to comply with this Act or any order,
notification, or direction given in pursuance thereof.
alty. If any person is gulity of an offence against this section he shall be liable to a penalty not exceeding ten dollars for the first
14 s . 2 4 DISEASES IN PLANTS ACT 1929-1972 s. 26
offence and not exceeding forty dollars nor less than ten dollars for any second or subsequent offence.
enalty. Any person who is guilty of an offence or of this Act for which no specific penalty is in this Act a contr
provided shall be liable to a penalty not exceeding forty dollars.
e~alties. All penalties incurred for any offence against this Act may be recovered in a summary way under “The Justices Acts, 1886 to 1924,” on the complaint of any inspector or other person authorised by the Minister.
In every case where a conviction is obtained the Court may adjudge the defendant to pay to the prosecutor all proper expenses of the prosecution.
(3)
As amended by Act of 1937, 1 Geo. 6 No. 16, s. 4.
Decimal currency references substituted pursuant to section 7 of Decimal Currency Act of 1965.
tice, etc. Any notice, order, process, or other required or authorised to be given or served to or upon any person may be served-
(i) By delivering the same to such person; or
(ii) By leaving the same at his usual or last known place of (iii) By forwarding the same by post in a prepaid letter addressed (2) Any such document required to be given to or served on the owner or occupier of any land may, if the name of the owner or occupier is not known, be addressed to him by the description of the “owner”
or “occupier” of the land in question (naming it), without further name or description.
(3) Any such document, if addressed to the owner or occupier of land, may be served by delivering the same or a true copy thereof to some person on the land, or, if there is no person on the land who can be so served, by fixing the same on some conspicuous part of the land.
(4) Court ro rte. The Court may, if satisfied that there is no oc of and that the owner thereof is absent from Queensland or is unknown, proceed to hear and adjudicate upon any complaint in respect thereof ex parte, and in such case the expenses of any such proceedings ordered to be paid by the defendant shall, until paid, be and remain a charge on such land and payable by the owner thereof for the time being.
ct. All expenses incurred in the administration out of moneys to be appropriated by Parliament for that purpose.
ce. In any proceedings for an alleged offence against this Act it shall not be necessary to prove the appointment of any inspector
abode; or
to such person at his usual or last known place of abode.
2
s. 2 6 ~ . DISEASES IN PLANTS ACT 1929-1972 s.27 15
or other authorised officer, or the authority of any inspector or other authorised oficer, to do any act or to give any direction or issue or serve any notice or to take any proceeding.
Where it is necessary to describe any land, premises, orchard, nursery, plantation, or place for the purposes of any order or certificate authorised to be made or given by this Act, or for the purposes of any proceeding for an alleged offence against this Act, then, and in every such case, it shall be sufficient to describe such land, premises, orchard, nursery, plantation, or place in terms which reasonably fix the identity thereof.
As amended by Act of 1937, 1 Geo. 6 No. 16, s. 5 .
Where, in any proceedings for an alleged offence against this Act, it is material to prove-
(a) That any land, premises, orchard, nursery, plantation, or place is the land, premises, orchard, nursery, plantation, or place, as the case may be, in respect of which the offence alleged in such proceedings occurred; and/or
(b) That any person is the occupier or, as the case may be, the owner of the land, premises, orchard, nursery, plantation, or place in respect of which the offence alleged in such proceedings occurred,
then, and in every such case, and until the contrary is proved beyond reasonable doubt-
(i) The land, premises, orchard, nursery, plantation, or place described in the complaint instituting such proceedings and/
or in any order or certificate made or given under this Act which is admissible in evidence in such proceedings shall be deemed to be the land, premises, orchard, nursery, plantation, or place, as the case may be, in respect of which the offence alleged in such proceedings occurred; and/or (ii) The person alleged in the complaint instituting such
proceedings and/or in any order or certificate made or given under this Act which is admissible in evidence in such proceedings to be the occupier or, as the case may be, the owner of the land, premises, orchard, nursery, plantation, or place in respect of which the offence alleged in such proceedings occurred, shall be deemed to be such occupier or, as the case may be, owner.
Inserted by Act of 1937, 1 Geo. 6 No. 16, s. 6.
er in Council. In addition to and without in any way limiting the powers of the Governor in Council under this Act, the Governor in Council is hereby empowered from time to time by Order in Council to issue such orders and give such directions and prescribe such matters and things, whether in addition to or amendment of this Act, as will be calculated to give full effect to the objects and purposes of this Act.
16 s. 28 DISEASES IN PLANTS ACT 1929-1972 s. 28
~~~~~~~~.
The Governor in Council may from time to ations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing adequate, necessary, or expedient to give effect to this Act, providing for and supplying such omission or insufficiency.Without limiting the generality of the foregoing provisions, such regulations may provide for all or any of the following matters:-
(1) Securing the detention and examination of trees, plants, and vegetables which are suspected to be diseased, and of boxes, baskets, packages, containers, and cases which are suspected to contain diseased trees, plants, or vegetables or to harbour or to be infested by insects or fungi;
(2) Securing the effectual treatment of diseased trees, plants, and vegetables and the effectual destruction of insects and fungi and pests and for the more effectual administration of this Act defining the term “contact” included in the definition “diseased”;
(a) Of any orchard, or
(b) Of any premises, shop, store, barrow, cart, vehicle, or other place or thing where fruit is sold or offered or exposed or kept for sale,
to destroy, dispose of, or treat diseased or fallen fruit at the place, at the time, and in the manner prescribed, and prohibiting the owner and/or occupier-
equiring the owner and/or occupier-
(a) Of any orchard, or
(b) Of any premises, shop, store, barrow, cart, vehicle, or other place or thing where fruit is sold or offered or exposed or kept for sale,
from destroying, disposing of, or treating diseased or fallen fruit except at the place, at the time, and in the manner so
rescribed;
ecuring the disinfecting of boxes, baskets, packages, and cases used for shipping or forwarding fruit to any destination previous to the same being returned to any orchard, storeroom, sales-room, or other place;
(4) Prescribing quarantine and the nature thereof and all matters and things regarding quarantine and the administration thereof, including the matter of appointment of places of entry and quarantine, and generally any matter or thing necessary, expedient, or convenient to give full effect to quarantine;
( 5 ) Securing the registration and efficient inspection of orchards and nurseries, prescribing the forms in respect of such
s. 29 DISEASES IN PLANTS ACT 1929-1972 s.29 17
registration, and, if necessary, prescribing fees for such registration of such orchards as may be prescribed, and nurseries, and the allocation and crediting of such fees;
(SA) Prescribing grades for plants and nursery stock which are fruit trees intended for planting. Such grades may be so prescribed in respect of age, size, vigour, stocks, development, and variety;
( 5 ~ ) Securing the efficient inspection of appliances and preventing the introduction into Queensland and the spreading of any pest by means of the use of any appliance.
(6) Defining the qualifications and duties of inspectors under this Act;
(7) All matters or things required or permitted by this Act to be prescribed;
(8) The issue, renewal, or refusal of any permit as may be prescribed; the form of any permit or other forms under this Act and any fee therefor as may be prescribed;
(9) Prescribing returns of statistics and data (whether in respect of fruit trees or otherwise as may be prescribed) to be furnished to the inister or any officer, and the contents thereof, by any son (whether the occupier or owner of an orchard or nursery or not), and the time and mode of making and furnishing the same;
(10) Imposing penalties not exceeding in any case forty dollars for any breach of the regulations; and conferring power, authority, and jurisdiction to take proceedings under this Act, either against the occupier or owner, under such circumstances as may be prescribed;
(1 1) Generally for carrying this Act into effect.
(2) ct. Regulations may be made on
As amended by Act of 1930, 21 Geo. 5 No. 22, s. 20; Act of 1935, 26 Geo. 5 No.
Decimal currency reference substituted pursuant to section 7 of Decimal Currency
the passing of this Act.
17, s. 7; Act of 1948, 13 Geo. 6 No. 2, s. 9.
Act of 1965.
of or
FS in il,
s, Or C
purporting to have been made under this Act shall be published in the Gazette, and thereupon shall be of the same effect as if they were enacted in this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever.
Any such Proclamation or Order in Council may be rescinded or amended, whether by addition or otherwise, by a subsequent Proclamation or Order in Council under this Act.
The production of a copy of the Gazette purporting to contain any such Proclamation or Order in Council or regulation shall be conclusive
18 s.29 DISEASES IN PLANTS ACT 1929-1972 s. 29
evidence of the matters contained therein and of the power and authority to make such Proclamation, Order in Council, or regulation.
All Proclamations, Orders in Council, and regulations shall be laid before the Legislative Assembly within fourteen days after such publication, if Parliament is in session, and if not, then within fourteen days after the commencement of the next session.
If Parliament passes a resolution disallowing any such Proclamation, Order in Council, or regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such Proclamation, Order in Council, or regulation has been laid before it, such Proclamation, Order in Council, or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime.
For the purpose of this section, the term “sitting days” shall mean days on which the House actually sits for the despatch of business.
62642-By Authority: S. R. HAMPSON, Government Printer, Queensland
TO
Page
Abandoned or neglected orchard or nursery-
meaning 'of term . . . . . . . where, Minister may exercise his powers . . . . . . . . .
. . . failure to comply with Minister's order . . . . . .
. . . . commencement of . . . repeal of certain . . . short title . . . this Act-
expenses incurred in administration of . . . meaning of term . . .
powers in aid of . . . . . . . . . .
proclamations, Orders in' Council and regulations to form part o f . . . . re immunity of inspector, from liability in carrying out regulations may be made on passing of . . . meaning of term . . . powers of inspector re . . . . . . . when to be cleaned before removal from one property to another
appeal against decision of Minister
failure to lodge appeal or when appeal unsuccessful' Act-
Appliance-
Banana orchard-
meaning of term 4
c
Compensation-
in certain cases . . . . . . where not entitled to . . .
Disease-
affecting any plant or fruit
meaning of term . . . notice to be given when appearance of
occupier and/or owner may be ordered to eradicate . . . power to require occupier and/or owner of land to prevent spread
of, or pest . . . . meaning of term . . . . . . . . . . . .
quarantine area where absence of,
plants in a quarantine area to be treated . . .
. . . Diseased-
. . . powers of inspector re tree, plant, fruit and vegetabies . . .
Fruit-
disease affecting any . . . meaning of term . . . powers of inspector re . . . . . .
where evidence of fruit fly or codlin moth 'in, . .
boundaries defined by Governor in Council . . . . Governor in Council by proclamation may declare quarantine area-See also Quarantine Area meani,ng of term . . . pests in any . . . . . . . . . . . . . insects, packages etc., may be seized . . . meaning of term . . . . . . . . . . . . Fruit distnct-
Fungus-
a, to be a
21 (2).
21 (1)
5 (iv) 4 . . 16 . . 10 ( 1 ) . 17 . . 15 ( 4 ) . . 4 . . 15 (7) 10 . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. , . . . . . .
. . .
. . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . .
5 (iv) 4 . . 10 . . . 10 (2), ( 3 ) . . . . 5 (iii) . . . . 15 . . . 4 . . . 5 ( v ) . . . . 9 . . . 4 . . .
I 1 2 1 14 4 5 17 13 16 3 7 8
3
13 13
12 I 1
10 3 5 6 3
20 INDEX
Governor in Council-
empowered by Order in Council to issue orders and directions may by proclamation declare-
may appoint inspectors . . . disease, etc., . . . fruit districts . . . introduction of plants . . . pests . . .
removal of plants . . .
may make regulations . . . may require registration of orchard . . . . .
. . . . . . . . .
on recommendation of Minister re specified pan of quarantine on recommendation of Minister re treatment'for diseased plants shall specify such portions of s. i0A to be 'in force . . .
area . . . . . . . .
in a quarantine area . . .
Insect- Inspector-
fungi, packages etc., may be seized may be appointed by Governor in Council
may enforce quarantine directions . . . meaning of term . . . powers of-
. . . meaning of term . . .
. . .
re entry upon any land . . . . . . re entry upon land and destroying diseased fruit . . . re ordering possession or custody of any appliance . . . . re orders made by, to be complied with . . . re orders to eradicate disease
re seizure and detention of any tree, plant, 'fruit and
vegetable . . .
re where evidence o f f & fly or codlin moth . . . . . . re immunity of, for entry or destruction under this 'Act . .
recovery of costs, charges and expenses incurred by an- . . . . re default of occupier or owner in ss. 17, 18 . . . to report to Minister re order to destroy diseased fruit . . , ,
to serve on owner or occupier notice re destruction and prevention of the spread of disease or pest . . . when, ma take measures to enforce orders- . . . re d e f h of owner or occupier in ss. 17, I8 . . , . . re proof of order . . . . . . . . . . . . .
. . .
re proof of order . . . steps taken by, when land infected . . . . . . .
Interpretation. See Meaning of terms.
Meaning of terms-
abandoned or neglected orchard or nursery . . . appliance . . . disease . . . diseased . . . fruit . . . fruit district . . . fungus . . . . . . . .
!nsect . . . inspector . . . Minister . . . nursery . . . occupier . . . orchard . . . person . . . . . . pest . . . plant . . . plantation . . . prescribed . . .
quarantine area . . . . . . . . . .
regulations . . . . . . . . . .
sitting days. for the purposes of s. 29 . . . . .
this Act . . . . . . . . .
tree, plant, vegetable . . . . . .
immunity of, re entry or destruction under this Act
inspector to report to, re destruction of diseased fruit , , , , , instead of declaring a quarantine area, may accept an undertaking
i n certain areas . . . . . . . . . . . .
owner . . .
. . . .
Minister-
, ,
s. 21 . . . 6 . . . 5 (iv) . . . . 5 (iii) . . , . 5 ( i ) . . . . . . 5 ( v ) . . , . . ,
S ( i i ) . . . . . . 28 ( I ) . . . . . . 7 ( l ) . . . . . . 1 5 ( 6 ) . . . . . . 15 ( 7 ) . . . . . . 10A . . .
9 . . . 4 . . . 6 . . . 4 . . . 15 (TA) . . . .
10 (1) (b) . . . l l ( 4 ) . . . . . . l 0 ( 2 ) . . . . . . I O ( 2 ) . . . . . . I 1 ( I ) . . . . . .
17
12 . . . 19 . . . 20 . . .
4 . . . 4 . . . 4 . . . 4 . . . 4 . . . 4 . . . 4 . . . 4 . . . 4 . . . 4 . . . 4 . . . 4 . . . 4 . . . 4 . . . 4
4
4 . . . 4 . . . 4 . . . 4 . . . A
29 4
Page
15 5 5 5 5 5 5 16
5 1 1 1 1 8
6 3
I
9 i j
9 12 12 12 9 12 9 12 12
4 17 4 4 13 9
1 1
