{"id":"sr:plant-biosecurity-regulations-2016","name":"Plant Biosecurity Regulations 2016","slug":"plant-biosecurity-regulations-2016","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183673,"registerId":"vic-sr:plant-biosecurity-regulations-2016-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Plant Biosecurity Regulations 2016","content":"Version No. 002\n\n**Plant Biosecurity Regulations 2016**\n\n**S.R. No. 53/2016**\n\nVersion incorporating amendments as at  \n22 October 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objectives 1\n\n2 Authorising provision 2\n\n3 Commencement 2\n\n4 Revocations 2\n\n5 Definitions 2\n\nPart 2—Plant pest and disease control 4\n\n6 Prescribed materials 4\n\n7 Prescribed States and Territories 5\n\n8 Requirement to send and possess certificate or declaration with prescribed materials 5\n\n9 Requirement to present prescribed material for inspection, examination and treatment 6\n\n10 Requirement to present certificate or declaration for inspection 7\n\n11 Prescribed place for inspection, examination and treatment 7\n\n12 Prescribed particulars for certificates and declarations 7\n\nPart 3—Property identification codes 8\n\n13 Prescribed plants 8\n\nPart 4—Marking and identification 9\n\n14 Prescribed fruit and vegetables for marking locality 9\n\n15 Warnings 9\n\nPart 5—Fees and charges 10\n\n16 Fees and charges 10\n\nPart 6—Infringement notices 12\n\n17 Prescribed offences and penalties 12\n\nSchedule 1—Prescribed plants 13\n\nSchedule 2—Prescribed fruit and vegetables 14\n\nSchedule 3—Warning 18\n\nSchedule 4—Infringement offences and infringement penalties 19\n\n═══════════════\n\nEndnotes 22\n\n1 General information 22\n\n2 Table of Amendments 24\n\n3 Explanatory details 25\n\n**Version No.** **002**\n\n**Plant Biosecurity Regulations 2016**\n\n**S.R. No. 53/2016**\n\nVersion incorporating amendments as at  \n22 October 2024\n\nPart 1—Preliminary\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to require possession of an assurance certificate, a plant health certificate or a plant health declaration in certain circumstances and to provide exemptions from this requirement; and\n\n(b) to prescribe particulars for assurance certificates, plant health certificates and plant health declarations in certain circumstances; and\n\n(c) to require the presentation of prescribed material, certificates or declarations in certain circumstances; and\n\n(d) to prescribe the manner of attaching a warning to seized or detained packages, plants or plant products; and\n\n(e) to prescribe plants for the purposes of the **Plant Biosecurity Act 2010**; and\n\n(f) to specify activities for which inspectors can impose fees and charges; and\n\n(g) to prescribe offences under that Act which may be enforced by infringement notices and penalties for infringement notices; and\n\n(h) to prescribe other matters for the purposes of that Act.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 141 of the **Plant Biosecurity Act 2010**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 June 2016.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) Plant Biosecurity Regulations 2012[[1]](#endnote-1);\n\n(b) Plant Biosecurity Amendment Regulations 2015[[2]](#endnote-2);\n\n(c) Plant Biosecurity Further Amendment Regulations 2015[[3]](#endnote-3).\n\n\t5 Definitions\n\nIn these Regulations—\n\n***area freedom certificate*** means a certificate issued by an officer of a department responsible for agriculture in another State or Territory that contains the details required under regulation 8(3);\n\n***department responsible for agriculture*** ***in another State or Territory*** includes a department in another State or Territory administering a corresponding law;\n\n***grape phylloxera*** means the pest *Daktulosphaira vitifolii* (Fitch);\n\n***phylloxera exclusion zone*** means any part of another State or Territory that has been identified under a corresponding law for the purpose of preventing the entry of grape phylloxera into that part of the State or Territory;\n\nReg. 5 def. of *plant or plant product of the genus Vitis* substituted by S.R. No. 113/2024 reg. 4.\n\n***plant or plant product of the genus Vitis*** includes the following of the genus *Vitis*—\n\n(a) grapevines;\n\n(b) potted vines;\n\n(c) cuttings;\n\n(d) rootlings;\n\n(e) leaves;\n\n(f) stems;\n\n(g) grapes for table use or wine-making;\n\n(h) juice;\n\n(i) plant samples taken for diagnostic purposes;\n\n***potato cyst nematode*** means the pest *Globodera rostochiensis* (Wollenweber) (Skarbilovich);\n\n***root vegetable*** includes beetroot, carrot, parsnip, potato, radish, rutabaga, swede, sweet potato and turnip;\n\n***the Act*** means the **Plant Biosecurity Act 2010**.\n\nPart 2—Plant pest and disease control\n\n\t6 Prescribed materials\n\nFor the purposes of Division 1 of Part 2 of the Act, the following materials are prescribed materials—\n\n(a) any plant or plant product of the genus *Vitis*;\n\n(b) used agricultural equipment used for the culture, harvesting, packing or processing of any plant or plant product of the genus *Vitis*;\n\n(c) a used package which contains, is known to have contained, or is reasonably suspected of containing or having contained, any plant or plant product of the genus *Vitis*;\n\n(d) earth material, including samples of soil for diagnostic purposes, that originates from a property on which any plant or plant product of the genus *Vitis* is grown;\n\n(e) root vegetables, bulbs, nursery plants or seedlings that have been grown in soil or in a soil-free medium in contact with soil;\n\n(f) used agricultural equipment used for the culture, harvesting, packing or processing of root vegetables, bulbs, nursery plants or seedlings described in paragraph (e);\n\n(g) a used package which contains, is known to have contained, or is reasonably suspected of containing or having contained, any root vegetables, bulbs, nursery plants or seedlings described in paragraph (e);\n\n(h) earth material in which root vegetables, bulbs, nursery plants or seedlings described in paragraph (e) have been grown, including samples of soil for diagnostic purposes;\n\n(i) a host to an exotic pest or disease in relation to which a restricted area order is declared under section 32 of the Act.\n\nReg. 7 amended by S.R. No. 113/2024 reg. 5.\n\n\t7 Prescribed States and Territories\n\nFor the purposes of sections 8(1) and 14 of the Act—\n\n(a) New South Wales, Queensland, Tasmania, South Australia and Western Australia are prescribed States; and\n\n(b) the Northern Territory and the Australian Capital Territory are prescribed Territories.\n\nReg. 8 (Heading) amended by S.R. No. 113/2024 reg. 6(1).\n\n\t8 Requirement to send and possess certificate or declaration with prescribed materials\n\nReg. 8(1) amended by S.R. No. 113/2024 reg. 6(2).\n\n(1) For the purposes of section 8(1C) of the Act, a person must comply with paragraph (b)(i) of that subsection in respect of all prescribed material, unless—\n\n(a) the prescribed material is specified in subregulation (2); or\n\n(b) regulation 9 applies to the person.\n\n(2) For the purposes of subregulation (1)(a), the following prescribed materials are specified—\n\n(a) material prescribed under regulation 6(a) or (d) that originates from a phylloxera exclusion zone;\n\n(b) material prescribed under regulation 6(b) that is from a phylloxera exclusion zone;\n\nReg. 8(2)(c) amended by S.R. No. 113/2024 reg. 6(3).\n\n(c) material prescribed under regulation 6(c) that is from a phylloxera exclusion zone;\n\n(d) material prescribed under regulation 6(a), (b), (c) or (d) that originates from an area for which an area freedom certificate has been issued in relation to grape phylloxera;\n\n(e) material prescribed under regulation 6(e), (f), (g) or (h) that originates from an area for which an area freedom certificate has been issued in relation to potato cyst nematode;\n\n(f) a plant in tissue culture.\n\n(3) An area freedom certificate must include the following details—\n\n(a) the name of the pest or disease in relation to which the certificate is issued;\n\n(b) a description of the area of the prescribed State or Territory or part thereof in which that pest or disease is known not to occur;\n\n(c) the signature of the officer who issued the certificate and the officer's position;\n\nReg. 8(3)(d) substituted by S.R. No. 113/2024 reg. 6(4).\n\n(d) the name of the State or Territory department, agency or authority that issued the certificate.\n\nReg. 9 amended by S.R. No. 113/2024 reg. 7.\n\n\t9 Requirement to present prescribed material for inspection, examination and treatment\n\nFor the purposes of section 8(1C) of the Act, a person must comply with paragraph (b)(ii) of that section if the prescribed material in the person's possession is not specified in regulation 8(2) and the person—\n\n(a) is not in possession of an assurance certificate, a plant health certificate or a plant health declaration for the prescribed material; or\n\n(b) is in possession of an assurance certificate for the prescribed material which does not comply with section 11 of the Act; or\n\n(c) is in possession of a plant health certificate for the prescribed material which does not comply with section 12 of the Act; or\n\n(d) is in possession of a plant health declaration for the prescribed material which does not comply with section 13 of the Act.\n\n\t10 Requirement to present certificate or declaration for inspection\n\nA person who is required under regulation 9(b), (c) or (d) to present any prescribed material for inspection, examination or treatment must also present for inspection any assurance certificate, plant health certificate or plant health declaration that accompanies the prescribed material.\n\nPenalty: 5 penalty units.\n\nReg. 11 amended by S.R. No. 113/2024 reg. 8.\n\n\t11 Prescribed place for inspection, examination and treatment\n\nFor the purposes of section 8(1C)(b)(ii) of the Act, a prescribed place is the Melbourne Wholesale Fruit, Vegetable and Flower Market at Cooper Street, Epping.\n\n\t12 Prescribed particulars for certificates and declarations\n\nFor the purposes of sections 11(b), 12(b) and 13(b) of the Act, the prescribed particulars for an assurance certificate, a plant health certificate or a plant health declaration are details that identify the prescribed material to which the certificate or declaration relates.\n\nPart 3—Property identification codes\n\n\t13 Prescribed plants\n\nFor the purposes of section 15 of the Act, the plants listed in Schedule 1 are prescribed.\n\nPart 4—Marking and identification\n\n\t14 Prescribed fruit and vegetables for marking locality\n\nFor the purposes of section 46(3)(b) of the Act, the fruit and vegetables listed in Schedule 2 are prescribed.\n\n\t15 Warnings\n\n(1) For the purposes of section 83 of the Act, the prescribed manner of attaching a warning is to attach a label in the form set out in Schedule 3 to the package, plants or plant products.\n\n(2) If a warning is attached to a package, plants or plant products in the prescribed manner, a person must not—\n\n(a) detach the warning or cause or permit it to be detached without the written consent of the inspector or inspection agent who attached it to the package, plants or plant products; or\n\n(b) deface or obscure the warning or permit it to be defaced or obscured.\n\nPenalty: 10 penalty units.\n\nPart 5—Fees and charges\n\n\t16 Fees and charges\n\n(1) An inspector may impose fees and charges at the amounts or rates fixed by the Minister under section 55 of the Act for—\n\nReg. 16(1)(a) amended by S.R. No. 113/2024 reg. 9(1).\n\n(a) inspecting any plant, plant product, plant vector, used package, used equipment or beehive; and\n\n(b) inspecting land including inspecting any plant growing on the land; and\n\nReg. 16(1)(c) amended by S.R. No. 113/2024 reg. 9(2).\n\n(c) supervising the treatment of any plant, plant product, plant vector, used package, used equipment, earth material or beehive; and\n\nReg. 16(1)(d) amended by S.R. No. 113/2024 reg. 9(3).\n\n(d) supervising the destruction or disposal of any plant, plant product, plant vector, plant refuse, used package, used equipment, earth material or beehive.\n\nReg. 16(2) amended by S.R. No. 113/2024 reg. 9(4).\n\n(2) The owner or the person apparently in charge of the consignment of any plant, plant product, plant vector, used package, used equipment, earth material, beehive or land referred to in subregulation (1) must pay the relevant fee or charge referred to in that subregulation.\n\n(3) An inspector may impose fees and charges at the amounts or rates determined by the Minister under section 55 of the Act for the preparation of a compliance agreement for the purposes of section 47 of the Act.\n\n(4) An inspector may impose fees and charges at the amounts or rates determined by the Minister under section 55 of the Act to ensure the compliance agreement referred to in subregulation (3) is complied with.\n\n(5) The person requesting the preparation of a compliance agreement must pay the fees and charges referred to in subregulation (3).\n\n(6) A party to a compliance agreement made under section 47 of the Act, other than the Crown, must pay the fees and charges referred to in subregulation (4).\n\nPart 6—Infringement notices\n\n\t17 Prescribed offences and penalties\n\n(1) For the purposes of section 119(1) of the Act, the offences referred to in Column 1 of the table in Schedule 4 are offences for which an infringement notice may be served.\n\n(2) For the purposes of section 119(2) of the Act, the prescribed infringement penalty for an offence for which an infringement notice may be served is the penalty specified in Column 2 of the table in Schedule 4 in respect of that offence.\n\nSchedule 1—Prescribed plants\n\nRegulation 13\n\n| Chestnuts (where the growing area contains not less than 20 chestnut plants)<br>Grapevines (where the growing area is not less than 0·5 hectares) |\n| --- |\n\n\nSch. 2 amended by S.R. No. 113/2024 reg. 10.\n\nSchedule 2—Prescribed fruit and vegetables\n\nRegulation 14\n\n| Abiu |\n| --- |\n| Acerola |\n| Achachairu |\n| Apple |\n| Apricot |\n| Avocado |\n| Babaco |\n| Banana |\n| Bitter Melon |\n| Black Sapote |\n| Blackberry |\n| Blueberry |\n| Bottle Melon |\n| Boysenberry |\n| Brazil Cherry |\n| Breadfruit |\n| Caimito (Star Apple) |\n| Cape Gooseberry |\n| Capsicum |\n| Carambola (Starfruit) |\n| Cashew Apple |\n| Casimiro (White Sapote) |\n| Cherimoya |\n| Cherry |\n| Chilli |\n| Choko |\n| Citron |\n| Cocoa Berry |\n| Coffee Berry |\n| Cumquat |\n| Custard Apple |\n| Date |\n| Dragon Fruit |\n| Durian |\n| Eggplant |\n| Feijoa |\n| Fig |\n| Goji Berry |\n| Granadilla |\n| Grape |\n| Grapefruit |\n| Grumichama |\n| Guava |\n| Hog Plum |\n| Jaboticaba |\n| Jackfruit |\n| Jew Plum |\n| Jujube |\n| Kiwifruit |\n| Lemon |\n| Lime |\n| Loganberry |\n| Longan |\n| Loquat |\n| Lychee |\n| Mandarin |\n| Mango |\n| Mangosteen |\n| Medlar |\n| Miracle Fruit |\n| Monstera |\n| Mulberry |\n| Nashi |\n| Nectarine |\n| Olive |\n| Orange |\n| Passionfruit |\n| Pawpaw |\n| Peach |\n| Peacharine |\n| Pear |\n| Pepino |\n| Persimmon |\n| Plum |\n| Plumcot |\n| Pomegranate |\n| Prickly Pear |\n| Pummelo |\n| Quandong |\n| Quince |\n| Rambutan |\n| Raspberry |\n| Rollinia |\n| Santol |\n| Sapodilla |\n| Soursop |\n| Strawberry |\n| Sweetsop (Sugar Apple) |\n| Tamarillo |\n| Tangelo |\n| Tomato |\n| Wax Jambu (Rose Apple) |\n\n\nSchedule 3—Warning\n\nRegulation 15(1)\n\nWarning\n\nSTOP SALE\n\n- The packages, plants or plant products to which this warning is attached do not comply with the **Plant Biosecurity Act 2010**. It is an offence for any person selling or removing them to detach this warning without the written consent of an inspector or to deface or obscure this warning.\n- Items Quantity\n- Name of Inspector\n- Signature of Inspector\n- Date Time\n\n\nSch. 4 amended by S.R. No. 113/2024 reg. 11.\n\nSchedule 4—Infringement offences and infringement penalties\n\nRegulation 17\n\nIn this Schedule—\n\n***relevant prescribed material*** means material prescribed under regulation 6(a), (b), (d), (e), (f), (h) or (i) other than prescribed material specified in regulation 8(2).\n\n- *Item* *Column 1\nOffence* *Column 2\nInfringement Penalty*\n- 1 Section 8(1) if the offence involves relevant prescribed material 2 penalty units in the case of a natural person10 penalty units in the case of a body corporate\n- 2 Section 8(1A) if the offence involves relevant prescribed material 2 penalty units in the case of a natural person10 penalty units in the case of a body corporate\n- 3 Section 8(1B) if the offence involves relevant prescribed material 2 penalty units in the case of a natural person10 penalty units in the case of a body corporate\n- 4 Section 9(1) if the offence involves relevant prescribed material 2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate\n- 5 Section 10(1) 5 penalty units\n- 6 Section 15(1) 2 penalty units\n- 7 Section 15(5) 1 penalty unit\n- 7A Section 18(2) 2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate\n- 7B Section 19(5) 5 penalty units\n- 8 Section 20(2) 2 penalty units\n- *Item* *Column 1\nOffence* *Column 2\nInfringement Penalty*\n- 9 Section 20(3) 2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate\n- 10 Section 25(2) 10 penalty units in the case of a natural person 40 penalty units in the case of a body corporate\n- 11 Section 25(3) 10 penalty units in the case of a natural person 40 penalty units in the case of a body corporate\n- 12 Section 25(4) 10 penalty units in the case of a natural person 40 penalty units in the case of a body corporate\n- 13 Section 26(5) 2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate\n- 14 Section 27(2) 10 penalty units in the case of a natural person 40 penalty units in the case of a body corporate\n- * * * * *\n- 16 Section 33(3) 2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate\n- 17 Section 35(4) 5 penalty units\n- 18 Section 38(2) 2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate\n- *Item* *Column 1\nOffence* *Column 2\nInfringement Penalty*\n- 19 Section 43(4) 5 penalty units\n- 20 Section 45(1) 3 penalty units\n- 21 Section 45(4) 5 penalty units\n- 22 Section 46(1) 5 penalty units\n- 23 Section 98 5 penalty units\n- 24 Section 104(5) 5 penalty units\n- 25 Section 111(2) 3 penalty units\n- 25A Section 133A(1) 5 penalty units in the case of a natural person25 penalty units in the case of a body corporate\n- 25B Section 134(2) 2 penalty units in the case of a natural person10 penalty units in the case of a body corporate\n- 26 Regulation 15(2) 1 penalty unit\n\n\n ═══════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Plant Biosecurity Regulations 2016, S.R. No. 53/2016 were made on 31 May 2016 by the Governor in Council under section 141 of the **Plant Biosecurity Act 2010**, No. 60/2010 and came into operation on 1 June 2016: regulation 3.\n\nThe Plant Biosecurity Regulations 2016 will sunset 10 years after the day of making on 31 May 2026 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Plant Biosecurity Regulations 2016 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nPlant Biosecurity Amendment Regulations 2024, S.R. No. 113/2024\n\n| *Date of Making:* | 22.10.24 |\n| --- | --- |\n| *Date of Commencement:* | 22.10.24 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 49/2012 as amended by S.R. Nos 23/2015 and 80/2015. [↑](#endnote-ref-1)\n\n2. Reg. 4: S.R. No. 23/2015. [↑](#endnote-ref-2)\n\n3. Reg. 4: S.R. No. 80/2015.\n\n  ——\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-3)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain their original scope as operational details supporting the Plant Biosecurity Act 2010. The 2024 amendments (S.R. No. 113/2024) show minor updates – expanding definitions of Vitis materials, updating certificate requirements, and adding infringement offences – but these represent evolutionary adjustments within the existing biosecurity framework rather than scope creep. The core purposes listed in regulation 1 (certificates, inspections, property codes, warnings, fees, and infringement notices) remain consistent with the original 2016 intent."},"complexity_factors":["Moderate cross-referencing to the parent Act (Plant Biosecurity Act 2010) – many regulations simply prescribe details for sections of the Act rather than creating standalone rules","Conditional logic in regulation 8 with multiple exemptions (subregulation 2 lists 6 specific exemptions to the general certificate requirement)","Nested definitions – 'prescribed material' in regulation 6 refers to multiple categories that themselves reference other defined terms (e.g., 'phylloxera exclusion zone', 'area freedom certificate')","Dual penalty structures throughout Schedule 4 distinguishing between natural persons and body corporates (companies)","Geographic specificity – requires knowledge of which states/territories are 'prescribed' and which zones within them are exclusion zones","Schedule 2 contains 67 specific fruit and vegetable types that must be marked with locality – extensive but straightforward list","Relatively short length (26 regulations plus schedules) and clear structure with descriptive headings"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the detailed rules for how Victoria protects its plants, farms, and vineyards from pests and diseases. They work together with the *Plant Biosecurity Act 2010* (the main law) to control what plant materials can be brought into Victoria, how they must be documented, and what happens if someone breaks the rules.\n\n**Who it affects:**\n\n- **Farmers and growers** – especially those growing grapes (vineyards), potatoes, and other root vegetables\n- **Traders and transporters** – anyone moving plants, fruit, or vegetables between Australian states or territories\n- **Nursery operators** – businesses selling plants and seedlings\n- **Importers of agricultural equipment** – anyone bringing in used machinery that has touched soil or plants\n- **Beekeepers** – mentioned in fee provisions\n\n**Key requirements:**\n\n- **Paperwork for high-risk items:** If you're sending certain plants (especially grapevines, grapes, or potato-related materials) into Victoria, you generally need a certificate or declaration proving they're pest-free. There are exceptions for materials from \"phylloxera exclusion zones\" (special protected areas free of the grape pest) or areas with official \"area freedom certificates.\"\n- **Inspections:** High-risk materials must be presented for inspection at specific places – notably the Melbourne Wholesale Market at Epping.\n- **Property codes:** Commercial growers of chestnuts (20+ plants) or grapevines (0.5+ hectares) must register for property identification codes.\n- **Fruit and vegetable labels:** The long list in Schedule 2 (from apples to wax jambu) must have their locality marked – so consumers know where produce comes from.\n- **Warnings:** Inspectors can attach \"STOP SALE\" warnings to non-compliant items. It's an offence to remove or hide these labels.\n- **Fees:** Government inspectors can charge for inspections, supervising treatments, and preparing compliance agreements.\n- **Fines:** Schedule 4 lists specific offences that can be dealt with by infringement notices (on-the-spot fines) rather than going to court.\n\n**Why it matters:**\n\nVictoria's agriculture industry – particularly its wine regions and potato farms – is vulnerable to devastating pests like **grape phylloxera** (a tiny insect that destroys grapevines) and **potato cyst nematode** (a microscopic worm that damages potato crops). These regulations create a firewall: they ensure that anything entering Victoria that might carry these pests is either certified clean or inspected. The rules balance trade between states with biosecurity protection, and provide enforcement tools (fines, stop-sale orders) to keep non-compliant materials out."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Regulations were amended by Plant Biosecurity Amendment Regulations 2024 (S.R. No. 113/2024), which revised definitions (including 'plant or plant product of the genus Vitis'), adjusted prescribed materials and exemptions (regs 6, 8), updated prescribed States/Territories (reg 7), altered particulars required for area freedom certificates (reg 8(3)), amended inspection place and fee provisions (regs 11, 16) and updated the infringement schedule (reg 17; Sch.4). These amendments materially adjust the regulated scope and procedural details from the original 2016 text."},"complexity_factors":["Extensive cross-references to the Plant Biosecurity Act 2010 and multiple Act sections (e.g. sections 8, 11–13, 47, 55, 83, 119)","Long, technical schedules listing prescribed plants and fruit/vegetables (Schedules 1–2) that expand regulated scope","Multiple exemptions and specified exceptions (reg 8(2)) including 'area freedom certificates' with prescribed content (reg 8(3))","Delegated discretion: Minister fixes fees and rates under s.55 of the Act while inspectors impose fees (reg 16)","Differentiated infringement penalties by offence and by natural person vs body corporate (Schedule 4)","Specific procedural prescriptions (form of warning, prescribed place for inspection) increasing compliance detail (regs 11, 15)","Amendments incorporated (S.R. No. 113/2024) that alter definitions and several regulations, requiring attention to versioning"],"plain_english_summary":"These Regulations require people who send, possess or move certain plants, plant products, soil, used agricultural equipment or packaging — notably Vitis (grape) material and specified root vegetables — to hold or present biosecurity assurance certificates, plant health certificates or declarations and to present material for inspection or treatment (regs 6, 8–12, 15, 16). Owners or persons in charge must pay inspection and compliance fees set by the Minister and face infringement penalties for non-compliance as listed in Schedule 4 (regs 16(2), 17; Sch.4)."},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Unable to meaningfully assess whether the scope changed from original intent — the document provided contains only version history and metadata, with no substantive regulatory text. No amendments or scope changes can be identified from the available information."},"complexity_factors":["Biosecurity law typically involves technical scientific classifications that laypeople find difficult to interpret","Regulations interact with and depend on a parent Act, requiring readers to cross-reference multiple documents","Likely contains permit and licensing schemes with specific procedural requirements","May impose strict liability offences (where intent doesn't matter — just doing the wrong thing is enough) which are common in biosecurity contexts","Scope likely covers multiple regulated entities including individuals, businesses, and importers","Insufficient document content provided to fully assess complexity — actual text may be significantly more or less complex than estimated"],"plain_english_summary":"These regulations set out the practical rules supporting the Plant Biosecurity Act in the ACT, guiding how plant pests, diseases and movements of plant material are managed. They affect farmers, gardeners, nurseries, people importing or relocating plants, and biosecurity officials, and matter because they help protect agriculture, native ecosystems and the economy.\n\nNote: only metadata/version history was provided, not the full regulatory text, so specific obligations and penalties aren’t available here."}},"importantCases":[],"_links":{"self":"/api/acts/plant-biosecurity-regulations-2016","history":"/api/acts/plant-biosecurity-regulations-2016/history","analysis":"/api/acts/plant-biosecurity-regulations-2016/analysis","conflicts":"/api/acts/plant-biosecurity-regulations-2016/conflicts","importantCases":"/api/acts/plant-biosecurity-regulations-2016/important-cases","documents":"/api/acts/plant-biosecurity-regulations-2016/documents"}}