{"id":"plant-health-act-2008","name":"Plant Health Act 2008","slug":"plant-health-act-2008","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30402,"registerId":"nt-plant-health-act-2008-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Plant Health Act 2008","content":"NORTHERN TERRITORY OF AUSTRALIA\nPLANT HEALTH ACT 2008\nAs in force at 1 May 2015\nTable of provisions\nPart 1 Introduction\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Objects of Act .................................................................................. 1\n4 Act binds Crown .............................................................................. 1\n5 Definitions ........................................................................................ 1\n6 Pest ................................................................................................. 3\n7 Control of pest ................................................................................. 4\n8 Host plant ........................................................................................ 4\n9 Owner .............................................................................................. 4\n10 Plant-related material ...................................................................... 5\n11 Affected by pest ............................................................................... 5\n12 Application of Criminal Code ........................................................... 5\nPart 2 Control of pests\nDivision 1 Obligations about plants and plant-related\nmaterials\n13 Prevention of infestation .................................................................. 6\n14 Prevention of spreading ................................................................... 6\n15 Notification about pest ..................................................................... 7\n16 Requirements about affected plant and material ............................. 7\n17 Requirements about specified plant and material ............................ 8\n18 Quarantine place ........................................................................... 10\n19 Treatment or disposal – owners generally ..................................... 11\n20 Treatment or disposal – specific owner ......................................... 12\n21 Failure of owner to act ................................................................... 13\nDivision 2 Inspectors' powers\n22 Powers relating to search and seizure ........................................... 13\n23 Notice for entry to a place .............................................................. 15\n24 Obligations of owners .................................................................... 16\n25 Requirement to give information .................................................... 16\n26 Self-incrimination ........................................................................... 17\n27 Signs and barriers ......................................................................... 17\n28 Markings ........................................................................................ 18\n\nPlant Health Act 2008 ii\nDivision 3 Plant health management plans\n29 Object of Division ........................................................................... 18\n30 What is a plant health management plan ...................................... 18\n31 Preparation of plan ........................................................................ 19\n32 Notification ..................................................................................... 19\n33 Making of plan ............................................................................... 19\n34 Review ........................................................................................... 20\n35 Compliance.................................................................................... 20\nPart 3 Certification of plant health\nDivision 1 Inspection certificates\n36 Giving of certificate ........................................................................ 21\nDivision 2 Accredited production places\n37 Declaration for accredited production place .................................. 21\nDivision 3 Plant health assurance schemes\n38 Object of Division ........................................................................... 22\n39 Schemes and assurance certificates under scheme ..................... 22\n40 Establishing schemes .................................................................... 23\n41 Accredited persons ........................................................................ 23\n42 Accreditation conditions ................................................................. 24\n43 Register of accredited persons ...................................................... 24\n44 Offences about assurance certificates........................................... 24\n45 Agreements with other jurisdictions for certificates ........................ 25\nPart 4 Administration\nDivision 1 Minister\n46 Power of exemption ....................................................................... 26\nDivision 2 Chief Inspector\n47 Appointment .................................................................................. 26\n48 Directions....................................................................................... 26\n49 Approved forms ............................................................................. 26\n50 Powers and functions of inspector ................................................. 26\n51 Delegation ..................................................................................... 27\n52 Acting Chief Inspector ................................................................... 27\nDivision 3 Inspectors\n53 Appointment .................................................................................. 27\n\nPlant Health Act 2008 iii\n54 Identity card ................................................................................... 27\n55 Receipts......................................................................................... 28\n56 Report to Chief Inspector ............................................................... 28\n57 Reasonable force and assistance.................................................. 28\nDivision 4 Reconsideration of decisions\n58 Right to seek reconsideration ........................................................ 29\n59 Procedure for reconsideration ....................................................... 29\nDivision 5 Other offences\n60 Obstruction and failure to comply with requirement ....................... 30\n61 Interference with or damage to things used by inspector .............. 31\n62 Misleading information and document ........................................... 32\n63 Continuing offence......................................................................... 33\nDivision 6 Other matters\n64 Aboriginal land ............................................................................... 33\n65 Management system must be taken into account.......................... 33\n66 Giving notice .................................................................................. 34\n67 Criminal liability of executive officer of body corporate .................. 34\n67A Criminal liability of executive officer of body corporate –\nevidential burden of proof on defence ........................................... 36\n68 Retention of things seized ............................................................. 37\n69 Protection from liability .................................................................. 38\n70 Acquisition on just terms ................................................................ 38\n71 Reimbursement ............................................................................. 38\n72 Evidentiary certificate .................................................................... 39\n73 Regulations.................................................................................... 39\nPart 5 Repeal and transitional matters for Plant\nHealth Act 2008\n74 Repeals ......................................................................................... 40\n75 Definitions ...................................................................................... 40\n76 Savings – pest ............................................................................... 40\n77 Savings – requirement relating to movement of plant and\nplant-related material ..................................................................... 40\n78 Savings – quarantine place ........................................................... 40\n79 Savings – treatment or disposal of plant and plant-related\nmaterial .......................................................................................... 41\n80 Savings – accredited production place .......................................... 41\n81 Savings – Chief Inspector and inspector ....................................... 41\n\nPlant Health Act 2008 iv\nPart 6 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n82 Offences – before and after commencement................................. 42\nSchedule Repealed Acts\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 May 2015\n____________________\nPLANT HEALTH ACT 2008\nAn Act for the control of pests, certification of plant health and\nrelated purposes\nPart 1 Introduction\n1 Short title\nThis Act may be cited as the Plant Health Act 2008.\n2 Commencement\nThis Act commences on the date fixed by the Administrator by\nGazette notice.\n3 Objects of Act\nThe objects of this Act are:\n(a) to ensure appropriate actions can be taken for the control of\npests; and\n(b) to facilitate the production and trading of plants and plant\nproducts that are free from pests.\n4 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n5 Definitions\nIn this Act:\naccredited person means an accredited person mentioned in\nsection 41(1).\naccredited production place means an accredited production\nplace mentioned in section 37(1).\n\nPart 1 Introduction\nPlant Health Act 2008 2\naffected, by a pest, see section 11.\nappointment criteria, see section 40(2)(b).\nassurance certificate, see section 39(2).\nChief Inspector means the person holding or occupying the office\nof Chief Inspector of Plant Health mentioned in section 47(1).\ncontrol, of a pest, see section 7.\ndeclared host plant means a host plant declared under\nsection 8(2)(a).\ndeclared pest means a pest declared under section 6(2)(a).\nDirector of Parks and Wildlife means the Director as defined in\nthe Parks and Wildlife Commission Act 1980.\ndraft plan, see section 31(1).\nhost plant, see section 8(1).\ninspection certificate, see section 36(2).\ninspector means an inspector of plant health mentioned in\nsection 53(1).\nnotifiable pest means a notifiable pest mentioned in section 6(4).\nowner, see section 9.\npackaging, of a plant or plant product, includes any covering and\ncontainer for the plant or product.\npest, see section 6(1).\nplace includes:\n(a) land; and\n(b) a building, vehicle or vessel, or any part of a building, vehicle\nor vessel.\nplan means a plant health management plan mentioned in\nsection 30(1).\nplant means:\n(a) any kind of organism (including a genetically modified\norganism) in the plant kingdom; or\n\nPart 1 Introduction\nPlant Health Act 2008 3\n(b) any individual organism or part of an organism (including a\ngenetically modified organism) in the plant kingdom, whether\ndead or alive.\nplant health assurance scheme, see section 39(1).\nplant health management plan, see section 30(1).\nplant product, see section 10(a).\nplant-related material, see section 10.\nproduction, of a plant or plant product, includes the processing of\nthe plant or product.\nproduction requirements, see section 40(2)(c).\nquarantine place means a quarantine place mentioned in\nsection 18(1).\nregulation means a regulation under this Act.\nrelevant decision, see section 58(1).\nscheme means a plant health assurance scheme mentioned in\nsection 39(1).\nstatutory charge, see section 4 of the Land Title Act 2000.\n6 Pest\n(1) A pest is an organism (whether or not taxonomically classified):\n(a) that feeds on a plant; or\n(b) that causes an abnormal or unhealthy condition in a plant.\n(2) The Chief Inspector may:\n(a) declare pests by Gazette notice; and\n(b) publish a list of the declared pests as the Chief Inspector\nconsiders appropriate.\n(3) A declared pest must be an organism covered by subsection (1).\n(4) The notice may further specify that a declared pest is a notifiable\npest.\n\nPart 1 Introduction\nPlant Health Act 2008 4\n(5) The Chief Inspector must not declare an indigenous organism of\nAustralia as a pest unless the Chief Inspector has consulted with\nthe Director of Parks and Wildlife about the declaration.\n7 Control of pest\n(1) To control a pest is:\n(a) to prevent an outbreak or spreading of the pest; or\n(b) to manage an outbreak or spreading of the pest; or\n(c) to eradicate the pest.\n(2) Without limiting subsection (1), to control a pest may involve the\ntreatment or disposal of:\n(a) a host plant for the pest; or\n(b) a thing affected by the pest.\n8 Host plant\n(1) A host plant for a pest is a plant that is susceptible to, uses or\nharbours the pest.\n(2) The Chief Inspector may:\n(a) declare host plants by Gazette notice; and\n(b) publish a list of the declared host plants as the Chief Inspector\nconsiders appropriate.\n(3) A declared host plant must be a plant covered by subsection (1).\n(4) The Chief Inspector must not declare an indigenous organism of\nAustralia as a host plant unless the Chief Inspector has consulted\nwith the Director of Parks and Wildlife about the declaration.\n9 Owner\n(1) The owner of a place includes, but is not limited to, an occupier of\nthe place.\n(2) The owner of a thing includes, but is not limited to, someone having\nthe possession or control of the thing.\n(3) If this Act imposes an obligation on the owner of a place or thing,\neach owner of the place or thing is jointly and severally liable for the\nobligation.\n\nPart 1 Introduction\nPlant Health Act 2008 5\n10 Plant-related material\nPlant-related material is any of the following:\n(a) a product (plant product) that is wholly or partly derived from\na plant;\n(b) the packaging of a plant or plant product;\n(c) soil or a growth medium;\n(d) a pest;\n(e) any other thing that is, or might reasonably be, affected by a\npest.\n11 Affected by pest\n(1) Without limiting how a thing might be affected by a pest, a thing is\naffected by a pest if the thing:\n(a) contains the pest; or\n(b) is or has been in close proximity to, or in contact with, the\npest.\n(2) Subsection (1) applies whether or not the pest has any apparent\neffect on the thing.\n12 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility (including burdens of proof and general defences) and defined\nterms used for offences.\n\nPart 2 Control of pests\nDivision 1 Obligations about plants and plant-related materials\nPlant Health Act 2008 6\nPart 2 Control of pests\nDivision 1 Obligations about plants and plant-related\nmaterials\n13 Prevention of infestation\n(1) The owner of a plant or plant-related material must take reasonable\nmeasures to prevent the infestation of the plant or material by a\ndeclared pest.\nFault elements:\nThe person:\n(a) knows there is a risk of the infestation of the plant or material\nby the declared pest; and\n(b) intentionally fails to take the measures.\nMaximum penalty: 100 penalty units.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant establishes a reasonable excuse.\n14 Prevention of spreading\n(1) The owner of a plant or plant-related material that is affected by a\ndeclared pest must take reasonable measures to prevent the pest\nspreading from the plant or material.\nFault elements:\nThe person:\n(a) knows the plant or material is affected by the pest; and\n(b) intentionally fails to take the measures.\nMaximum penalty: 100 penalty units.\n\nPart 2 Control of pests\nDivision 1 Obligations about plants and plant-related materials\nPlant Health Act 2008 7\n(2) A person who is leaving a place that is affected by a declared pest\nmust take reasonable measures to prevent the pest spreading from\nthe place.\nFault elements:\nThe person:\n(a) knows the place is affected by the pest; and\n(b) intentionally fails to take the measures.\nMaximum penalty: 100 penalty units.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant establishes a reasonable\nexcuse.\n15 Notification about pest\n(1) A person must notify an inspector of the presence of a pest at a\nplace within 24 hours after becoming aware of the presence of the\npest at the place.\nFault elements:\nThe person:\n(a) knows the pest is present at the place; and\n(b) intentionally fails to notify an inspector.\nMaximum penalty: 500 penalty units.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant establishes a reasonable excuse.\n16 Requirements about affected plant and material\n(1) A person must not engage in any of the following acts:\n(a) propagating or growing a plant that is affected by a declared\npest;\n(b) dealing with a plant or plant-related material that is affected by\na declared pest in any way (including, for example, using,\nselling, purchasing, hiring, handling, storing, transporting and\ndisposing of the plant or material);\n\nPart 2 Control of pests\nDivision 1 Obligations about plants and plant-related materials\nPlant Health Act 2008 8\n(c) offering to do any of the things mentioned in paragraph (a)\nor (b) in relation to a plant or plant-related material that is\naffected by a declared pest.\nFault elements:\nThe person:\n(a) knows the plant or material is affected by the pest; and\n(b) intentionally engages in the act.\nMaximum penalty: 500 penalty units.\n(2) Subsection (1) does not apply if the defendant engaged in the act:\n(a) under a written permit given by the Chief Inspector; or\n(b) for the purposes of this Act or another Act.\nExample\nGiving the plant or material to an inspector for section 22.\n(3) A regulation may provide for any of the following:\n(a) a permit mentioned in subsection (2)(a);\n(b) any other matter arising from this section.\n17 Requirements about specified plant and material\n(1) For the control of a declared pest, a regulation may prohibit or\nrestrict, or impose other requirements in relation to, any of the\nfollowing acts:\n(a) the introduction (including introduction by importation) into the\nTerritory of a specified plant or plant-related material;\n(b) the export from the Territory of a specified plant or\nplant-related material;\n(c) the possession of a specified plant or plant-related material in\nthe Territory or a part of the Territory;\n(d) the storage of a specified plant or plant-related material in the\nTerritory or a part of the Territory;\n(e) the transportation into the Territory of a specified plant or\nplant-related material;\n\nPart 2 Control of pests\nDivision 1 Obligations about plants and plant-related materials\nPlant Health Act 2008 9\n(f) the transportation of a specified plant or plant-related material\nwithin the Territory.\n(2) For the control of a declared pest, the Chief Inspector may, by\nGazette notice, prohibit or restrict, or impose other requirements in\nrelation to, an act mentioned in subsection (1).\n(3) The Chief Inspector may do so only if the Chief Inspector\nreasonably believes the prohibition, restriction or requirement is\nurgently needed for the control of the declared pest.\n(4) The notice:\n(a) must not have effect for longer than 12 months; and\n(b) must not be extended after the end of the 12 months.\n(5) A regulation under subsection (1) or a notice under subsection (2):\n(a) must specify the declared pest and the related prohibition,\nrestriction or requirement; and\n(b) may specify that the prohibition, restriction or requirement is\nsubject to specified conditions, including:\n(i) the holding of a written permit given by the Chief\nInspector; and\n(ii) any other specified conditions.\n(6) A person must comply with the regulation or notice.\nFault element: Intention.\nMaximum penalty: 2 500 penalty units.\n(7) It is a defence to a prosecution for an offence against\nsubsection (6) if the defendant establishes a reasonable excuse.\n(8) The court imposing a penalty for an offence against subsection (6)\nmay also order a plant or plant-related material relating to the\noffence be treated or disposed of as directed by the court or Chief\nInspector.\n(9) A regulation may provide for any of the following:\n(a) a permit mentioned in subsection (5)(b)(i);\n(b) any other matter arising from this section.\n\nPart 2 Control of pests\nDivision 1 Obligations about plants and plant-related materials\nPlant Health Act 2008 10\n18 Quarantine place\n(1) The Chief Inspector may, by Gazette notice, declare a place to be a\nquarantine place if the Chief Inspector reasonably believes it is\nnecessary to do so for the control of a declared pest.\n(2) The quarantine place must be declared for 1 or more of the\nfollowing purposes:\n(a) the inspection of plants or plant-related materials at the place;\n(b) the treatment and disposal of plants or plant-related materials\nat the place;\n(c) prohibiting or restricting, or imposing other requirements in\nrelation to, 1 or more of the following:\n(i) the entry into the place by anyone or anything;\n(ii) the movement of anyone or anything within the place;\n(iii) the departure from the place of anyone or anything;\n(iv) the cultivation of plants or the carrying on of any other\nactivity at the place;\n(d) the removal of anyone or anything from the place.\n(3) The notice:\n(a) must specify the declared pest, the purposes of the quarantine\nplace and any related prohibitions, restrictions or\nrequirements; and\n(b) may specify that specified prohibitions, restrictions or\nrequirements apply to the whole of the place or 1 or more\nspecified parts of the place; and\n(c) may specify that the prohibitions, restrictions or requirements\napply only in specified circumstances (for example, only in\nrelation to specified plants or plant-related materials); and\n(d) may specify that the prohibitions, restrictions or requirements\nare subject to specified conditions, including:\n(i) the holding of a written permit given by the Chief\nInspector; and\n(ii) any other specified conditions; and\n\nPart 2 Control of pests\nDivision 1 Obligations about plants and plant-related materials\nPlant Health Act 2008 11\n(e) must specify:\n(i) the reasons for the decision to make the declaration; and\n(ii) the right of a person whose interests are or might be\naffected by the decision to apply under section 58 for a\nreconsideration of the decision.\nExample\nBecause of subsection (3)(b), the notice may specify additional requirements for\na part of the place to deal with a high level of infestation in that part of the place.\n(4) A person must comply with the notice.\nFault element: Intention.\nMaximum penalty: 2 500 penalty units.\n(5) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant establishes a reasonable excuse.\n(6) A regulation may provide for any of the following:\n(a) a permit mentioned in subsection (3)(d)(i);\n(b) any other matter arising from this section.\n19 Treatment or disposal – owners generally\n(1) For the control of a declared pest, a regulation may be made to\nrequire the owners of specified plants or plant-related materials to\ntreat, or dispose of, the plants or materials in a specified way.\n(2) For the control of a declared pest, the Chief Inspector may, by\nGazette notice, require the owners of specified plants or\nplant-related materials to treat, or dispose of, the plants or materials\nin a specified way.\n(3) The Chief Inspector may do so only if the Chief Inspector\nreasonably believes the treatment or disposal is urgently needed for\nthe control of the pest.\n(4) The notice:\n(a) must not have effect for longer than 12 months; and\n(b) must not be extended after the end of the 12 months.\n\nPart 2 Control of pests\nDivision 1 Obligations about plants and plant-related materials\nPlant Health Act 2008 12\n(5) A regulation under subsection (1) or a notice under subsection (2):\n(a) must specify when the treatment or disposal is to be carried\nout; and\n(b) may specify that the regulation or notice applies only to plants\nor plant-related materials located in a specified part of the\nTerritory.\n(6) An owner of plants or plant-related materials to which the regulation\nor notice applies must comply with the regulation or notice.\nFault element: Intention.\nMaximum penalty: 500 penalty units.\n(7) It is a defence to a prosecution for an offence against\nsubsection (6) if the defendant establishes a reasonable excuse.\n20 Treatment or disposal – specific owner\n(1) For the control of a declared pest, the Chief Inspector may, by\nwritten notice given to a particular owner of specified plants or\nplant-related materials, require the owner to treat, or dispose of, the\nplants or materials in a specified way.\n(2) The Chief Inspector may do so only if the Chief Inspector\nreasonably believes the treatment or disposal is urgently needed for\nthe control of the pest.\n(3) The notice must also specify the following:\n(a) the reasons for the decision to give the notice;\n(b) the owner's right under section 58 to apply for a\nreconsideration of the decision.\n(4) The owner must comply with the notice.\nFault element: Intention.\nMaximum penalty: 500 penalty units.\n(5) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant establishes a reasonable excuse.\n\nPart 2 Control of pests\nDivision 2 Inspectors' powers\nPlant Health Act 2008 13\n21 Failure of owner to act\n(1) This section applies if the owner of specified plants or plant-related\nmaterials contravenes any of the following:\n(a) a regulation under section 19(1);\n(b) a notice under section 19(2);\n(c) a notice under section 20(1).\n(2) The Chief Inspector may:\n(a) direct an inspector or another person to treat, or dispose of,\nthe plants or materials as specified by the Chief Inspector; and\n(b) recover the expenses for the treatment or disposal from the\nowner.\n(3) In addition, the Chief Inspector may register under the Land Title\nAct 2000 a statutory charge, for an amount not exceeding the\nexpenses, on any land of which the owner is a registered owner.\n(4) If the Chief Inspector exercises the power under subsection (3), the\nChief Inspector must give a written notice to the owner specifying:\n(a) the reasons for the decision to exercise the power; and\n(b) the owner's right under section 58 to apply for a\nreconsideration of the decision.\nDivision 2 Inspectors' powers\n22 Powers relating to search and seizure\n(1) An inspector may exercise any of the powers mentioned in\nsubsections (2) and (3) if the inspector reasonably believes it is\nnecessary to do so for:\n(a) the control of a pest; or\n(b) monitoring the compliance with this Act; or\n(c) the exercise of a power or the performance of a function of an\ninspector under this Act.\n(2) The inspector may do 1 or more of the following at a place:\n(a) enter, inspect and search the place;\n\nPart 2 Control of pests\nDivision 2 Inspectors' powers\nPlant Health Act 2008 14\n(b) require a person at the place to give the inspector specified\ninformation about specified plants or plant-related materials;\n(c) operate any electronic equipment at the place for the\npurposes of retrieving or recording the information;\n(d) inspect, take samples of, or seize, any plant or plant-related\nmaterial found at the place for a specified examination or\ntreatment;\n(e) open any packagings found at the place for paragraph (d);\n(f) apply, or require a person having the control of the place to\napply, a specified treatment to the place;\n(g) install any thing at the place for controlling or monitoring a\npest;\n(h) inspect and retrieve any thing or information for paragraph (g);\n(i) make a record in relation to an exercise of a power for this\nsubsection (including, for example, by taking a photograph or\nmaking a video recording).\n(3) In addition, the inspector may do 1 or more of the following:\n(a) require a person having the control of a plant or\nplant-related material to do 1 or more of the following:\n(i) to apply a specified treatment to the plant or material;\n(ii) to give the plant or material to someone for a specified\nexamination or treatment;\n(iii) to refrain from doing a specified thing in relation to the\nplant or material until an inspection certificate is given for\nthe plant or material;\n(iv) to dispose of the plant or material as specified by the\ninspector;\n(b) take control of the plant or material mentioned in\nparagraph (a) and to do a thing covered by the paragraph in\nrelation to the plant or material;\n(c) require a person having the control of a means of transport\n(including, for example, an animal or vehicle) to do 1 or more\nof the following:\n(i) to stop the means of transport;\n\nPart 2 Control of pests\nDivision 2 Inspectors' powers\nPlant Health Act 2008 15\n(ii) to give it (including anything found on or in it) to\nsomeone, or to remove it to a place, for a specified\nexamination, treatment or disposal;\n(iii) to remove it (including anything found on or in it) to a\nspecified place and leave it there until an inspection\ncertificate for it is given;\n(d) take control of the means of transport mentioned\nin paragraph (c) for the examination, treatment, disposal or the\ngiving of the certificate.\n(4) A person must comply with a requirement made by an inspector for\nsubsection (2) or (3).\nFault elements:\nThe person:\n(a) knows the inspector is acting in an official capacity; and\n(b) intentionally fails to comply with the requirement.\nMaximum penalty: 100 penalty units.\n(5) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant establishes a reasonable excuse.\n(6) A requirement made orally for subsection (2) or (3) must be\nconfirmed in writing as soon as practicable after it is given.\n23 Notice for entry to a place\n(1) This section applies if an inspector intends to enter a place under\nsection 22(2).\n(2) If the place is not a dwelling house, the inspector must, as far as\npracticable, give notice to the owner of the place of the inspector's\nintention to enter the place before doing so.\n(3) If the place is a dwelling house, the inspector must not enter the\nplace unless:\n(a) the inspector has given written notice to the owner of the place\nof the inspector's intention to enter the place; and\n(b) the inspector:\n(i) is permitted by the owner (whether orally or in writing) to\nenter the place; or\n\nPart 2 Control of pests\nDivision 2 Inspectors' powers\nPlant Health Act 2008 16\n(ii) is authorised to enter the place under a warrant issued\nby a Local Court Judge.\n(4) A Local Court Judge may issue the warrant only if the Local Court\nJudge is satisfied the warrant is reasonably required in the\ncircumstances.\n(5) In this section:\ndwelling house means a building ordinarily occupied for residential\npurposes.\n24 Obligations of owners\n(1) A person who complies with a requirement under section 22 for a\nplace or thing:\n(a) may recover from the owner of the place or thing the\nexpenses incurred by the person in complying with the\nrequirement; and\n(b) is not liable to the owner for any damage to the place or thing.\n(2) If a requirement is given under section 22 for an animal (for\nexample, a requirement about examining the animal), the owner of\nthe animal remains responsible for its care and wellbeing.\n25 Requirement to give information\n(1) This section applies if an inspector reasonably suspects a person of\ncommitting or attempting to commit an offence against this Act.\n(2) The inspector may require the person to give the following\ninformation to the inspector:\n(a) specified information about a specified plant or plant-related\nmaterial;\n(b) the person's name;\n(c) the person's residential and postal addresses;\n(d) any other information specified by the inspector to enable the\ninspector to contact the person at a later time.\n\nPart 2 Control of pests\nDivision 2 Inspectors' powers\nPlant Health Act 2008 17\n(3) The person must comply with the requirement.\nFault elements:\nThe person:\n(a) knows the inspector is acting in an official capacity; and\n(b) intentionally fails to comply with the requirement.\nMaximum penalty: 100 penalty units.\n(4) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant establishes a reasonable excuse.\n(5) A requirement made orally for subsection (2) must be confirmed in\nwriting as soon as practicable after it is given.\n26 Self-incrimination\n(1) It is not a reasonable excuse for a person to fail to give information\nor a document for section 22 or 25 on the grounds that it might\nincriminate the person.\n(2) However, any information or document so given by the person is\nnot admissible in any civil or criminal proceeding (other than a\nproceeding for an offence against section 62).\n27 Signs and barriers\n(1) An inspector may set up a sign or barrier for a place that:\n(a) is or might be affected by a pest; and\n(b) is subject to a requirement under this Act.\nExample\nSigns and barriers may be set up for a quarantine place.\n(2) The sign or barrier:\n(a) must specify the requirement; and\n(b) may be placed within, or outside, the place.\n(3) A person must not:\n(a) remove or tamper with the sign or barrier; or\n\nPart 2 Control of pests\nDivision 3 Plant health management plans\nPlant Health Act 2008 18\n(b) fail to comply with the requirement.\nFault element: Strict liability offence.\nMaximum penalty: 100 penalty units.\n(4) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant establishes a reasonable excuse.\n28 Markings\n(1) An inspector may mark a place or thing:\n(a) indicating that it:\n(i) is or might be affected by a specified pest; or\n(ii) is free from a specified pest; or\n(iii) has been examined or treated for a specified pest; and\n(b) specifying any requirement in relation to the place or thing\n(including, for example, any storage, transportation or\nhandling requirement).\n(2) The inspector may do so in any way the inspector considers\nappropriate.\n(3) A person must comply with the requirement.\nFault element: Strict liability offence.\nMaximum penalty: 100 penalty units.\n(4) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant establishes a reasonable excuse.\nDivision 3 Plant health management plans\n29 Object of Division\nThe object of this Division is to ensure long-term plans for the\ncontrol of pests are developed and implemented with community\nsupport and involvement.\n30 What is a plant health management plan\n(1) A plant health management plan is a plan that provides for a\nlong-term strategy for the control of 1 or more specified pests.\n\nPart 2 Control of pests\nDivision 3 Plant health management plans\nPlant Health Act 2008 19\n(2) Without limiting subsection (1), the plan must specify:\n(a) the plant and plant product to which the plan relates; and\n(b) whether the plan applies to the whole of the Territory or a\nspecified part of the Territory; and\n(c) the period (not exceeding 10 years) for which the plan is to be\nin force; and\n(d) any other related matters, including, for example:\n(i) the obligations of persons under the plan; and\n(ii) the powers and functions of the Chief Inspector and\ninspectors under the plan.\n(3) The plan must be consistent with this Act.\n31 Preparation of plan\n(1) The Chief Inspector may prepare a draft plant health management\nplan (a draft plan).\n(2) Any other person may prepare a draft plan and give it to the Chief\nInspector.\n32 Notification\n(1) The Chief Inspector must publish a notice for a draft plan if the\nChief Inspector thinks the plan should be made.\n(2) The notice:\n(a) must be published in a newspaper circulating in the Territory;\nand\n(b) must include a copy of the draft plan or state how a copy of it\nmay be obtained; and\n(c) must specify a period during which comments on the draft\nplan may be given to the Chief Inspector.\n33 Making of plan\n(1) After the end of the specified period, the Chief Inspector may,\nhaving regard to any comments given under section 32(2)(c):\n(a) change the draft plan; and\n(b) make the plan by Gazette notice.\n\nPart 2 Control of pests\nDivision 3 Plant health management plans\nPlant Health Act 2008 20\n(2) The Gazette notice must include a copy of the plan or state how a\ncopy of it may be obtained.\n(3) The plan:\n(a) takes effect on the date of the notice or a later date specified\nin the notice; and\n(b) is in force for the period specified in the plan.\n(4) The Chief Inspector must publish the plan in a way the Chief\nInspector considers appropriate.\n(5) The Chief Inspector may, by Gazette notice, correct any error in the\nplan.\n(6) The plan must not be revoked or amended except under\nsubsection (5) or section 34.\n34 Review\n(1) The Chief Inspector may conduct a review of the operation of a\nplan.\n(2) Before conducting the review, the Chief Inspector must publish a\nnotice of the proposed review in a newspaper circulating in the\nTerritory.\n(3) The notice must specify a period during which comments on the\noperation of the plan may be given to the Chief Inspector.\n(4) The Chief Inspector must:\n(a) consider any comments given under subsection (3) when\nconducting the review; and\n(b) on completing the review – affirm, revoke or amend the plan\n(including extending the period of its operation) by Gazette\nnotice.\n(5) The plan may be extended more than once.\n(6) Each extension must not exceed 10 years.\n35 Compliance\n(1) This section applies if a person contravenes a plan.\n(2) The Chief Inspector may, by written notice given to the person,\nrequire the person to take specified measures to remedy the\ncontravention within a reasonable time specified in the notice.\n\nPart 3 Certification of plant health\nDivision 2 Accredited production places\nPlant Health Act 2008 21\n(3) The person must comply with the notice.\nFault element: Strict liability offence.\nMaximum penalty: 100 penalty units.\n(4) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant establishes a reasonable excuse.\n(5) If the person fails to comply with the notice, the Chief Inspector\nmay:\n(a) direct someone else to take the measures; and\n(b) recover from the person the expenses for taking the\nmeasures.\nPart 3 Certification of plant health\nDivision 1 Inspection certificates\n36 Giving of certificate\n(1) This section applies if an inspector has carried out an inspection of\na place or thing under this Act.\n(2) The inspector may give to the owner of the place or thing a\ncertificate (an inspection certificate):\n(a) stating the inspection has been carried out; and\n(b) specifying any examination or treatment of the place or thing\ncarried out under this Act in connection with the inspection.\n(3) A regulation may make provision about giving an inspection\ncertificate.\nDivision 2 Accredited production places\n37 Declaration for accredited production place\n(1) The Chief Inspector may, by Gazette notice, declare a place to be\nan accredited production place for 1 or more of the following:\n(a) a specified plant produced at the place;\n(b) a specified plant product produced at the place.\n\nPart 3 Certification of plant health\nDivision 3 Plant health assurance schemes\nPlant Health Act 2008 22\n(2) The Chief Inspector may do so:\n(a) on application of a person; or\n(b) on the Chief Inspector's initiative.\n(3) The Chief Inspector may make the declaration only if the Chief\nInspector is satisfied the place is free from 1 or more pests\nprescribed by regulation for each of the plants or plant products.\n(4) The notice must specify:\n(a) the reasons for the decision to make the declaration; and\n(b) the right of a person whose interests are or might be affected\nby the decision to apply under section 58 for a reconsideration\nof the decision.\n(5) The notice may specify:\n(a) words or phrases that may be used in advertising, packaging\nor selling any of the plants or plant products; and\n(b) prohibitions, restrictions and other requirements about the use\nof the words or phrases.\n(6) A person must comply with the notice.\nFault element: Strict liability offence.\nMaximum penalty: 100 penalty units.\n(7) It is a defence to a prosecution for an offence against\nsubsection (6) if the defendant establishes a reasonable excuse.\nDivision 3 Plant health assurance schemes\n38 Object of Division\nThe object of this Division is to facilitate the compliance of this Act\nthrough a system of plant health assurance schemes.\n39 Schemes and assurance certificates under scheme\n(1) A plant health assurance scheme is a scheme that provides for\nthe making of assurance certificates by accredited persons for the\nproduction of 1 or more of the following:\n(a) a specified plant;\n(b) a specified plant product.\n\nPart 3 Certification of plant health\nDivision 3 Plant health assurance schemes\nPlant Health Act 2008 23\n(2) An assurance certificate under the scheme is a certificate stating\nthat specified requirements for the production of any of the plants or\nproducts have been met.\n40 Establishing schemes\n(1) The Chief Inspector may, by Gazette notice, establish a plant health\nassurance scheme.\n(2) The notice must specify the following:\n(a) each plant and plant product to which the scheme relates;\n(b) the criteria (the appointment criteria) for appointing an\naccredited person for the scheme;\n(c) the requirements (the production requirements) for the\nproduction of the plant or product for the making of an\nassurance certificate under the scheme.\n41 Accredited persons\n(1) A person may apply to the Chief Inspector for the person to be\nappointed as an accredited person for the scheme.\n(2) The Chief Inspector must:\n(a) appoint the applicant as an accredited person for the scheme\nif the Chief Inspector is satisfied the applicant meets the\nappointment criteria; or\n(b) otherwise – refuse the application.\n(3) The appointment must be in writing.\n(4) If the Chief Inspector refuses the application, the Chief Inspector\nmust give a written notice to the applicant, specifying:\n(a) the reasons for the decision to refuse the application; and\n(b) the applicant's right under section 58 to apply for a\nreconsideration of the decision.\n(5) More than 1 accredited person may be appointed for the scheme.\n\nPart 3 Certification of plant health\nDivision 3 Plant health assurance schemes\nPlant Health Act 2008 24\n42 Accreditation conditions\n(1) The appointment of an accredited person for the scheme is subject\nto the following conditions:\n(a) a condition that the person must not make an assurance\ncertificate under the scheme unless the production\nrequirements have been met;\n(b) a condition that the person must comply with any audit or\nother requirements (including, for example, the payment of\nfees) for holding the appointment;\n(c) any other condition specified in the appointment;\n(d) any other condition prescribed by regulation.\n(2) The person must not contravene any of the conditions.\nFault element: Strict liability offence.\nMaximum penalty: 100 penalty units.\n(3) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant establishes a reasonable excuse.\n43 Register of accredited persons\n(1) The Chief Inspector must keep a register of accredited persons for\neach scheme.\n(2) The register must be kept in a form the Chief Inspector considers\nappropriate.\n44 Offences about assurance certificates\n(1) A person who is not an accredited person for a scheme must not\nmake a document that purports to be an assurance certificate under\nthe scheme.\nFault elements:\nThe person:\n(a) intentionally makes the document; and\n(b) is reckless as to whether anyone might reasonably believe the\ndocument is an assurance certificate under a scheme.\nMaximum penalty: 1 000 penalty units.\n\nPart 3 Certification of plant health\nDivision 3 Plant health assurance schemes\nPlant Health Act 2008 25\n(2) A person must not make a statement about a plant or plant product\nif:\n(a) the statement is reasonably likely to cause someone to\nbelieve that an assurance certificate has been made for the\nplant or product; and\n(b) no assurance certificate has been made for the plant or\nproduct.\nFault elements:\nThe person:\n(a) knows no assurance certificate has been made for the plant or\nproduct; and\n(b) is reckless as to whether the statement is reasonably likely to\ncause someone to believe that an assurance certificate has\nbeen made for the plant or product.\nMaximum penalty: 1 000 penalty units.\n45 Agreements with other jurisdictions for certificates\n(1) The Chief Inspector may, on behalf of the Territory, enter into an\nagreement with the Commonwealth, a State or another Territory for:\n(a) the recognition of an assurance certificate for a corresponding\nlaw; and\n(b) the recognition of a document made under a corresponding\nlaw that is in the nature of an assurance certificate; and\n(c) the imposition of audit and other requirements on a person for\nthe integrity or recognition of:\n(i) an assurance certificate; or\n(ii) a document mentioned in paragraph (b); and\n(d) any other related matters.\n(2) A regulation may provide for a matter arising from this section.\n(3) In this section:\ncorresponding law means a law of the Commonwealth, a State or\nanother Territory that is declared by regulation to be a\ncorresponding law.\n\nPart 4 Administration\nDivision 2 Chief Inspector\nPlant Health Act 2008 26\nPart 4 Administration\nDivision 1 Minister\n46 Power of exemption\n(1) The Minister may, by Gazette notice, exempt a specified place from\nthe application of all or a specified provision of this Act.\n(2) A regulation may provide for the control of pests at the place by\napplying (with or without changes) a law of a State or another\nTerritory as in force or existing at a time or from time to time.\nDivision 2 Chief Inspector\n47 Appointment\n(1) The Minister must appoint a person who is a public sector\nemployee to be the Chief Inspector of Plant Health.\n(2) The Minister may do so only if the Minister is satisfied the person\nhas appropriate qualifications or experience for the appointment.\n(3) The Chief Inspector holds office for the period (not exceeding\n3 years) specified in the appointment and is eligible for\nre-appointment.\n48 Directions\n(1) For the control of a pest, the Chief Inspector may direct an\ninspector to take specified measures under a specified provision of\nthis Act.\n(2) The inspector must comply with the direction.\n49 Approved forms\n(1) The Chief Inspector may approve forms for documents to be used\nfor this Act.\n(2) If a form is approved for a document to be used for this Act, the\ndocument must be made in that form.\n50 Powers and functions of inspector\nThe Chief Inspector may exercise any power, and perform any\nfunction, of an inspector under this Act.\n\nPart 4 Administration\nDivision 3 Inspectors\nPlant Health Act 2008 27\n51 Delegation\n(1) The Chief Inspector may delegate to a person any of the Chief\nInspector's powers and functions under this Act.\n(2) The Chief Inspector may do so only if the Chief Inspector is\nsatisfied the person has appropriate qualifications or experience for\nthe delegation.\n(3) The delegation must be in writing.\n52 Acting Chief Inspector\n(1) The Minister may appoint a public sector employee to act as the\nChief Inspector during any period or all periods when:\n(a) the Chief Inspector is absent from duty; or\n(b) the Chief Inspector is otherwise unable to exercise the\npowers, or to perform the functions, of the Chief Inspector; or\n(c) the office of Chief Inspector is vacant.\n(2) The Minister may do so only if the Minister is satisfied the person\nhas appropriate qualifications or experience for the appointment.\nDivision 3 Inspectors\n53 Appointment\n(1) The Chief Inspector may, in writing, appoint a person to be an\ninspector of plant health.\n(2) The Chief Inspector may do so only if the Chief Inspector is\nsatisfied the person has appropriate qualifications or experience for\nthe appointment.\n(3) The person may exercise a power and perform a function of an\ninspector under this Act as specified in the appointment.\n54 Identity card\n(1) In exercising a power or performing a function under this Act, an\ninspector must carry an identity card provided by the Chief\nInspector that:\n(a) states the name and office of the inspector; and\n\nPart 4 Administration\nDivision 3 Inspectors\nPlant Health Act 2008 28\n(b) includes:\n(i) the signature of the inspector; and\n(ii) a photograph of the inspector; and\n(iii) the verification of the signature and photograph by the\nChief Inspector.\n(2) A person who ceases to be an inspector must return the identity\ncard to the Chief Inspector within 2 weeks after the cessation.\nFault element: Strict liability offence.\nMaximum penalty: 10 penalty units.\n(3) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant establishes a reasonable excuse.\n(4) If an inspector purports to exercise a power under this Act without\nproducing the inspector's identity card when requested to do so:\n(a) the inspector is not authorised to exercise the power; and\n(b) a person is not required to comply with a requirement made by\nthe inspector.\n55 Receipts\nAn inspector must give a receipt to a person for seizing or receiving\na thing from the person under this Act.\n56 Report to Chief Inspector\n(1) An inspector must give a report to the Chief Inspector about the\nexercise of a power, or the performance of a function, by the\ninspector under this Act.\n(2) The inspector must do so as soon as practicable after the exercise\nof the power or performance of the function.\n(3) This section has effect subject to any direction of the Chief\nInspector.\n57 Reasonable force and assistance\n(1) An inspector may use any reasonable force and assistance in\nexercising a power under this Act.\n\nPart 4 Administration\nDivision 4 Reconsideration of decisions\nPlant Health Act 2008 29\n(2) Without limiting subsection (1), the inspector may use any\nreasonable force and assistance to restrain a person or animal in\nexercising the power.\nDivision 4 Reconsideration of decisions\n58 Right to seek reconsideration\n(1) This Division applies to any of the following decisions (each of\nwhich is a relevant decision):\n(a) a decision to exercise a power under section 18(1), 20(1),\n21(3), 37(1) or 41(2)(b);\n(b) a decision made by the Chief Inspector under this Division in\nreconsidering a decision mentioned in paragraph (a).\n(2) A person whose interests are or might be affected by a relevant\ndecision to make a declaration under section 18(1) or 37(1), or who\nis given a notice of a decision otherwise mentioned in\nsubsection (1), may apply:\n(a) for a reconsideration of the decision; or\n(b) if the Chief Inspector has reconsidered the decision under this\nDivision – for a reconsideration of the Chief Inspector's\ndecision.\n59 Procedure for reconsideration\n(1) The application must be made:\n(a) to the following (as appropriate):\n(i) the Chief Inspector if the relevant decision was made by\na delegate of the Chief Inspector;\n(ii) otherwise – the Minister; and\n(b) within 14 days after the following (as appropriate):\n(i) the date of the Gazette notice for the decision if it was a\ndecision to make a declaration under section 18(1)\nor 37(1);\n(ii) otherwise – the date on which the applicant receives a\nwritten notice of the decision.\n(2) The Chief Inspector or Minister (the reviewer) must, within 1 month\nafter receiving the application, reconsider the relevant decision.\n\nPart 4 Administration\nDivision 5 Other offences\nPlant Health Act 2008 30\n(3) The reviewer may reconsider the relevant decision in any way the\nreviewer considers appropriate.\n(4) The application does not affect the operation or implementation of\nthe relevant decision.\n(5) However, the reviewer may make another decision staying or\notherwise affecting the operation or implementation of so much of\nthe relevant decision as the reviewer considers appropriate to\neffectively decide the application.\n(6) The other decision:\n(a) is subject to the conditions specified by the reviewer; and\n(b) has effect:\n(i) for the period specified by the reviewer; and\n(ii) if no period is specified by the reviewer – until the\napplication is decided.\n(7) The reviewer must give a written notice of the reviewer's decision to\nthe applicant, specifying:\n(a) the reasons for the decision; and\n(b) if the reviewer is the Chief Inspector – the applicant's right\nunder section 58 to apply for a reconsideration of the decision.\nDivision 5 Other offences\n60 Obstruction and failure to comply with requirement\n(1) A person must not obstruct an inspector, or another person\nassisting an inspector, who is exercising a power or performing a\nfunction under this Act.\nFault elements:\nThe person:\n(a) knows the inspector or other person is acting in an official\ncapacity; and\n(b) intentionally obstructs the inspector or other person.\nMaximum penalty: 500 penalty units.\n\nPart 4 Administration\nDivision 5 Other offences\nPlant Health Act 2008 31\n(2) A person must comply with a requirement given to the person for\nthis Act by an inspector, or another person assisting an inspector,\nwho is exercising a power or performing a function under this Act.\nFault elements:\nThe person:\n(a) knows the inspector or other person is acting in an official\ncapacity; and\n(b) intentionally fails to comply with a requirement given to the\nperson for this Act by the inspector or other person.\nMaximum penalty: 500 penalty units.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant establishes a reasonable\nexcuse.\n(4) In this section:\ninspector includes the Chief Inspector.\nobstruct includes hinder and resist.\n61 Interference with or damage to things used by inspector\n(1) A person must not interfere with or damage a thing used by an\ninspector:\n(a) for the exercise of a power or the performance of a function\nunder this Act; or\n(b) for monitoring compliance with this Act.\nFault elements:\nThe person:\n(a) knows the thing is used for official purposes; and\n(b) intentionally interferes with or damages the thing.\nMaximum penalty: 100 penalty units.\n(2) In this section:\ninspector includes the Chief Inspector.\n\nPart 4 Administration\nDivision 5 Other offences\nPlant Health Act 2008 32\n62 Misleading information and document\n(1) A person must not give misleading information to an inspector who\nis exercising a power or performing a function under this Act.\nFault elements:\nThe person:\n(a) knows the inspector is acting in an official capacity; and\n(b) knows the information is misleading.\nMaximum penalty: 50 penalty units.\n(2) A person must not give a document containing misleading\ninformation to an inspector who is exercising a power or performing\na function under this Act.\nFault elements:\nThe person:\n(a) knows the inspector is acting in an official capacity; and\n(b) knows the document contains misleading information.\nMaximum penalty: 50 penalty units.\n(3) Subsection (2) does not apply if the defendant, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the\ninspector's attention; and\n(b) to the extent to which the defendant can reasonably do so –\ngives the inspector the information necessary to correct the\ndocument.\n(4) In this section:\ninspector includes the Chief Inspector.\nmisleading information means information that is misleading in a\nmaterial particular because it:\n(a) does not include relevant information; or\n(b) includes misinformation.\n\nPart 4 Administration\nDivision 6 Other matters\nPlant Health Act 2008 33\n63 Continuing offence\n(1) This section applies if a court has found a person guilty of an\noffence against section 13(1), 14(1) or (2), 15(1), 16(1), 17(6),\n18(4), 19(6), 20(4), 22(4), 25(3), 27(3)(b), 28(3), 35(3), 37(6), 42(2)\nor 60(1) or (2).\n(2) The court may, in addition to any penalty imposed for the offence,\nimpose a penalty not exceeding 10 penalty units for each day\nduring which the offence continues after the day on which the\noffence is committed.\nDivision 6 Other matters\n64 Aboriginal land\n(1) An inspector may enter and remain on Aboriginal land if it is\nreasonably necessary for the inspector to exercise a power or to\nperform a function under this Act.\n(2) Subsection (1):\n(a) has effect despite any law in force in the Territory; but\n(b) does not affect the operation of other provisions of this Act (for\nexample, sections 22 and 23).\n(3) In this section:\nAboriginal land, see section 3 of the Aboriginal Land Act 1978.\n65 Management system must be taken into account\n(1) This section applies if the Chief Inspector or an inspector imposes a\nrequirement under this Act on a person in relation to:\n(a) the examination or treatment of a place or thing; or\n(b) the disposal of a thing.\n(2) In imposing the requirement, the Chief Inspector or inspector must,\nas far as practicable, take into account:\n(a) any management system for the place or thing that is in force;\nand\n(b) the person's preference in relation to how the requirement is\nto be implemented.\n\nPart 4 Administration\nDivision 6 Other matters\nPlant Health Act 2008 34\n66 Giving notice\n(1) A notice required to be given to a person under this Act by the Chief\nInspector or an inspector may be given:\n(a) personally; or\n(b) by registered post, email or fax if the receipt of the notice by\nthe person is confirmed.\n(2) If the Chief Inspector or inspector is unable to give a notice in\naccordance with subsection (1) to the owner of a place, the notice\nis taken to have been given to the owner if it is:\n(a) affixed conspicuously at the place; or\n(b) published in a newspaper that:\n(i) is published in the Territory; and\n(ii) circulates in the part of the Territory that includes the\nplace.\n67 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence by contravening a\ndeclared provision (a relevant offence) and the officer was\nreckless about whether the contravention would happen; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer recklessly failed to take reasonable steps to prevent\nthe contravention.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n\nPart 4 Administration\nDivision 6 Other matters\nPlant Health Act 2008 35\n(2) Strict liability applies to subsection (1)(b).\n(3) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n(4) Subsection (3) does not limit the matters the court may consider.\n(5) This section does not affect the liability of the body corporate.\n(6) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(7) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(8) In this section:\ndeclared provision means:\n(a) section 13(1), 14(1), 22(4), 25(3), 28(3), 35(3), 37(6), 60(1) or\n(2), 61(1) or 62(1); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n\nPart 4 Administration\nDivision 6 Other matters\nPlant Health Act 2008 36\n67A Criminal liability of executive officer of body corporate –\nevidential burden of proof on defence\n(1) An executive officer of a body corporate commits an offence if the\nbody corporate commits an offence by contravening a declared\nprovision (a relevant offence).\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) An offence against subsection (1) is an offence of absolute liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant:\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the contravention; or\n(b) took reasonable steps to prevent the contravention; or\n(c) did not know, and could not reasonably have been expected\nto know, that the contravention would happen.\n(4) In deciding whether the defendant took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the defendant took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the defendant took when the defendant became\naware that the contravention was, or could be, about to\nhappen.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) This section does not affect the liability of the body corporate.\n\nPart 4 Administration\nDivision 6 Other matters\nPlant Health Act 2008 37\n(7) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(8) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(9) In this section:\ndeclared provision means:\n(a) section 15(1), 16(1), 17(6), 18(4), 19(6) or 20(4); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n68 Retention of things seized\n(1) The Chief Inspector has the control of a thing seized under this Act.\n(2) If the Chief Inspector considers the thing poses a threat to the\npublic, the Chief Inspector must destroy the thing or otherwise\nrender the thing harmless.\n(3) If the thing is not destroyed, a court may order the thing be forfeited\nto the Territory if:\n(a) the thing is relevant to the prosecution of an offence under this\nAct; and\n(b) the prosecution for the offence started within 12 months after\nthe seizure; and\n(c) the defendant is found guilty of the offence.\n(4) The Chief Inspector must release the thing to its owner if:\n(a) it has not been destroyed; and\n(b) if it was relevant to the prosecution of an offence under this\nAct – proceedings for the prosecution has ended and it is not\nforfeited to the Territory.\n\nPart 4 Administration\nDivision 6 Other matters\nPlant Health Act 2008 38\n69 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) the Chief Inspector;\n(b) an inspector;\n(c) someone assisting the Chief Inspector or an inspector in\nexercising a power or performing a function under this Act.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n70 Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property otherwise than on just terms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n71 Reimbursement\n(1) The Chief Inspector may reimburse the owner of a place or thing for\nany damage caused by, or costs incurred because of, an inspector\nexercising a power or performing a function under this Act.\n(2) A regulation may provide for a matter arising from this section.\n\nPart 4 Administration\nDivision 6 Other matters\nPlant Health Act 2008 39\n72 Evidentiary certificate\nIn a proceeding for an offence against this Act, a certificate signed\nby the Chief Inspector stating any of the following matters is\nevidence of the matter in the absence of proof to the contrary:\n(a) a specified person was an inspector having specified powers\nunder this Act at a specified time;\n(b) a specified notice or other document is made or given at a\nspecified time;\n(c) a specified thing has been identified as stated in the\ncertificate;\n(d) a specified thing has been affected by a specified pest as\nstated in the certificate.\n73 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The regulations may:\n(a) provide for the examination, treatment, storage, transportation,\nhandling and disposal of a plant or plant-related material for\nthis Act; or\n(b) prescribe fees payable under this Act; or\n(c) apply, adopt or incorporate (with or without changes) a matter\ncontained in another instrument as in force or existing at a\nparticular time or from time to time; or\n(d) prescribe a fine not exceeding 200 penalty units for an offence\nagainst the regulations; or\n(e) provide for an offence against the regulations to be an offence\nof strict liability; or\n(f) provide for a code of practice for the exercise of a power or\nthe performance of a function under this Act; or\n(g) provide for the enforcement of the code of practice, including,\nfor example, providing for a contravention of the code to be an\noffence against the regulations.\n\nPart 5 Repeal and transitional matters for Plant Health Act 2008\nPlant Health Act 2008 40\nPart 5 Repeal and transitional matters for Plant Health\nAct 2008\n74 Repeals\nThe Acts specified in the Schedule are repealed.\n75 Definitions\nIn this Part:\ncommencement means the commencement of this Act.\nformer Act means the Plant Diseases Control Act 1979.\npre-existing, for a thing done under the former Act, means the\nthing as in force under the former Act immediately before the\ncommencement.\n76 Savings – pest\n(1) A pre-existing declaration of a disease or pest under section 6 of\nthe former Act is taken to be a declaration of the disease or pest to\nbe a pest under section 6(2)(a) of this Act.\nNote\nFor the power to make the pre-existing declaration, see the definitions of disease\nand pest in section 6 of the former Act .\n(2) A pre-existing declaration of a notifiable disease or pest under\nsection 12 of the former Act is taken to be a declaration of the\ndisease or pest to be a notifiable pest under section 6(4) of this Act.\n77 Savings – requirement relating to movement of plant and\nplant-related material\nA pre-existing notice under section 8 or 9 of the former Act is taken\nto be a notice under section 17(2) of this Act.\n78 Savings – quarantine place\n(1) This section applies to any of the following declarations:\n(a) a pre-existing declaration of a quarantine station under\nsection 10 of the former Act;\n\nPart 5 Repeal and transitional matters for Plant Health Act 2008\nPlant Health Act 2008 41\n(b) a pre-existing declaration of a quarantine area under\nsection 11 of the former Act.\n(2) The declaration is taken to be a declaration of the station or area to\nbe a quarantine place under section 18(1) of this Act.\n(3) Any pre-existing prohibition, restriction or other requirement for the\nstation or area is taken to be a prohibition, restriction or requirement\nfor the quarantine place under this Act.\n79 Savings – treatment or disposal of plant and plant-related\nmaterial\nA pre-existing notice under section 13 or 13A of the former Act is\ntaken to be a notice issued on the day of commencement under\nsection 19(2) of this Act.\n80 Savings – accredited production place\n(1) A pre-existing declaration of an accredited production area under\nsection 11A of the former Act is taken to be a declaration of the\narea to be an accredited production place under section 37(1) of\nthis Act.\n(2) Any pre-existing prohibition, restriction or other requirement for the\narea is taken to be a prohibition, restriction or requirement for the\nplace under section 37(5)(b) of this Act.\n81 Savings – Chief Inspector and inspector\n(1) A pre-existing appointment of a person to be the Chief Inspector of\nPlants and Diseases under section 7(1) of the former Act is taken to\nbe an appointment of the person to be the Chief Inspector of Plant\nHealth under section 47(1) of this Act.\n(2) A pre-existing appointment of a person to be an inspector under\nsection 7(2) of the former Act:\n(a) is taken to be an appointment of the person to be an inspector\nof plant health under section 53(1) of this Act; and\n(b) has effect as if it had provided for the person to exercise all\nthe powers and perform all the functions of an inspector of\nplant health under this Act.\n\nPart 6 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015\nPlant Health Act 2008 42\nPart 6 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n82 Offences – before and after commencement\n(1) Sections 67 and 67A, as inserted by the Statute Law Amendment\n(Directors' Liability) Act 2015, (the new sections) apply in relation\nto a relevant offence committed by a body corporate after the\ncommencement of Part 2, Division 27 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 67, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new sections do not apply.\n\nSchedule Repealed Acts\nPlant Health Act 2008 43\nSchedule Repealed Acts\nsection 74\nPlant Diseases Control Act 1979 Act No. 126 of 1979\nPlant Diseases Control Amendment Act 1989 Act No. 2 of 1989\nPlant Diseases Control Amendment Act 1994 Act No. 80 of 1994\n\nENDNOTES\nPlant Health Act 2008 44\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPlant Health Act 2008 (Act No. 37, 2008)\nAssent date 8 December 2008\nCommenced 1 July 2011 (Gaz G26, 29 June 2011, p 2)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 5, 21, 64 and 75.\n4 LIST OF AMENDMENTS\ns 23 amd No. 8, 2016, s 45\ns 67 sub No. 26, 2015, s 86\ns 67A ins No. 26, 2015, s 86\npt 6 hdg ins No. 26, 2015, s 87\ns 82 ins No. 26, 2015, s 87","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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":6,"scope_assessment":{"changed":true,"description":"The Act replaces the former Plant Diseases Control Act 1979 while preserving pre-existing declarations and appointments (Part 5, ss 74–81). It consolidates and expands administrative tools: plant health management plans (ss 29–35), plant health assurance and accreditation schemes (ss 38–45), and explicit quarantine, treatment and disposal powers (ss 18–21). It also formalises broad inspector powers (ss 22–28) and adds corporate officer liability rules (ss 67–67A). These changes broaden the statutory toolbox and centralise discretion with the Chief Inspector and Minister."},"complexity_factors":["Wide range of enforcement powers (entry, search, seizure, marking, barriers, treatment and disposal) vested in inspectors — ss 22–28","Multiple regulatory routes: regulations, Gazette notices and written notices with differing thresholds and durations — e.g. ss 17, 18, 19, 20, 73","Layered compliance mechanisms: owner obligations, permits, quarantine places, plant health management plans and accredited assurance schemes — ss 13–21, 29–35, 36–45","Varied penalty types and fault elements (strict liability, intention, defences, continuing offences) across provisions — see ss 13–16, 17(6), 27–28, 60–63","Administrative review and limited stay powers with tight time limits for reconsideration — ss 58–59","Delegation, appointment and discretionary decision-making concentrated in the Chief Inspector and Minister — ss 46–52","Corporate and executive liability provisions with different burdens (ss 67 and 67A) creating complex compliance and evidential issues","Transitional and savings provisions preserving prior declarations and appointments, creating interaction between former and current regimes — Part 5 (ss 74–81)","Interaction with other laws (Criminal Code Part IIAA, Land Title Act for statutory charges, Aboriginal land entry rules) requiring cross-referencing — s 12, ss 21(3), 64"],"plain_english_summary":"This law sets rules to detect, control and prevent plant pests. It requires owners to take and pay for reasonable measures, to notify inspectors, and forbids dealing with infected plants. It gives the Chief Inspector and authorised inspectors powers to declare pests and host plants, set quarantine places, require treatment or disposal, enter and seize property, and run accreditation and assurance schemes to certify plants for trade. Breaches attract fines, cost recovery and possible criminal liability for corporate officers."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in section 3: controlling pests and facilitating trade in pest-free plants. The 2015 amendments added executive officer liability provisions (ss 67, 67A, Part 6) and the 2016 amendment updated court references, but these are procedural enhancements rather than scope expansion. The Act replaced the Plant Diseases Control Act 1979 with equivalent coverage plus modernised certification schemes."},"complexity_factors":["Moderate length at 82 sections plus Schedule and Endnotes, spanning 44 pages","28 defined terms in section 5, with additional definitions scattered through specific sections (e.g., 'dwelling house' in s 23, 'Aboriginal land' in s 64)","Multiple fault elements (knowledge and intention requirements) specified for offences, creating layered mental state requirements","Nested exceptions and defences – most offences include 'reasonable excuse' defences (ss 13(2), 14(3), 15(2), etc.)","Dual pathways for regulatory action: Chief Inspector Gazette notices (temporary, up to 12 months) vs Regulations (permanent), creating parallel systems in ss 17, 18, and 19","Complex executive officer liability provisions with two distinct regimes: s 67 (fault-based with strict liability element) and s 67A (absolute liability with evidential burden defence)","Cross-references to Criminal Code Part IIAA for general principles of criminal responsibility","Transitional provisions preserving pre-existing declarations and appointments from the repealed Plant Diseases Control Act 1979","Reconsideration mechanism (ss 58-59) with specific time limits and administrative review pathways","Interaction with Aboriginal Land Act 1978 (s 64) creating special entry provisions despite 'any law in force in the Territory'"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's main law for protecting plants from pests and diseases. It gives the government powers to prevent, manage, and wipe out pests that threaten crops, native vegetation, and plant products.\n\n**Who it affects:**\n\n- **Farmers, gardeners, and landowners** – anyone who owns or controls plants, soil, or plant products (like timber or fruit)\n- **Businesses** that import, export, transport, or sell plants and plant-related materials\n- **The Chief Inspector of Plant Health and appointed inspectors** – the officials who enforce the Act\n- **Aboriginal landholders** – special rules apply for entry onto Aboriginal land\n\n**Key things the law does:**\n\n- **Declares pests and host plants**: The Chief Inspector can officially list dangerous pests and the plants they attack via Gazette notice (a public government announcement)\n- **Creates obligations**: Owners must take reasonable steps to prevent infestations, stop pests from spreading, and notify inspectors within 24 hours if they find a notifiable pest\n- **Quarantine powers**: The Chief Inspector can declare \"quarantine places\" where movement and activities are restricted to contain outbreaks\n- **Treatment and disposal**: The government can order owners to treat or destroy infected plants; if owners don't comply, the government can do the work and bill them (even placing a charge on their land)\n- **Inspection and enforcement**: Inspectors can enter properties (with notice for homes, or warrants if refused), search, seize materials, take samples, and require information\n- **Certification schemes**: Sets up systems for \"accredited production places\" and \"plant health assurance schemes\" so businesses can prove their products are pest-free for trade\n- **Management plans**: Allows for 10-year community-backed plans to control specific pests long-term\n\n**Why it matters:**\n\nThis law protects the NT's $200+ million horticulture industry, safeguards native ecosystems, and ensures interstate and international trade can continue by certifying that NT plants are pest-free. It balances strong government powers (including entering private property and destroying crops) with rights to appeal decisions and claim compensation if property is taken."}},"importantCases":[],"_links":{"self":"/api/acts/plant-health-act-2008","history":"/api/acts/plant-health-act-2008/history","analysis":"/api/acts/plant-health-act-2008/analysis","conflicts":"/api/acts/plant-health-act-2008/conflicts","importantCases":"/api/acts/plant-health-act-2008/important-cases","documents":"/api/acts/plant-health-act-2008/documents"}}