{"id":"plant-health-act-2009","name":"Plant Health Act 2009","slug":"plant-health-act-2009","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106272,"registerId":"sa-plant-health-act-2009-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Plant Health Act 2009","content":"South Australia\nPlant Health Act 2009\nAn Act to provide for the protection of plants from pests, the regulation of the movement of plants into, within and out of the State, and the control, destruction and suppression of pests; to repeal the Fruit and Plant Protection Act 1992 and the Noxious Insects Act 1934; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tPests and plant related products\n5\tQuarantine stations\nPart 2—Protection of plant health\nDivision 1—Reporting of pest affected plants and plant related products and noxious insects\n6\tReporting of pest affected plants and plant related products and noxious insects\nDivision 2—Control and prevention\n7\tProhibition on introducing pest affected plants or plant related products\n8\tQuarantine areas\n9\tOrders relating to pest affected plants or plant related products\n10\tAction in emergency situations\n11\tProhibition on sale of pest affected plants or plant related products\nPart 3—Packaging, identifying and transporting plants and plant related products\nDivision 1—Packaging and labelling of fruits, vegetables and nuts\n12\tPackaging and labelling of fruit, vegetables and nuts for sale\n13\tIdentification of plants sold for propagation\nDivision 2—Manifests\n14\tManifests\nPart 4—Accreditation and registration schemes\nDivision 1—Accreditation of production areas\n15\tAccreditation of production areas\nDivision 2—Accreditation of persons\n16\tApplication for accreditation\n17\tGrant of accreditation\n18\tAuthority conferred by accreditation\n19\tAssurance certificates and evidence of verification \n20\tConditions of accreditation\n21\tPeriodic fees and returns\n22\tVariation of accreditation\n23\tSurrender of accreditation\n24\tSuspension or cancellation of accreditation\n25\tOffences\nDivision 3—Registration of importers\n26\tApplication for registration\n27\tGrant of registration\n28\tConditions of registration\n29\tPeriodic fees and returns\n30\tVariation of registration\n31\tSurrender of registration\n32\tSuspension or cancellation of registration\n33\tOffence\nDivision 4—Register\n34\tRegister\nDivision 5—Reviews\n35\tReview by Minister\n36\tReview by Tribunal\nPart 5—Enforcement\nDivision 1—Approved auditors\n37\tApproved auditors\n38\tDuty of auditor to report certain matters\n39\tOffence to hinder or obstruct auditor\nDivision 2—Inspectors\nSubdivision 1—Appointment and identification\n40\tAppointment of Chief Inspector and deputy\n41\tAppointment of inspectors\n42\tIdentification of inspectors\nSubdivision 2—Powers\n43\tGeneral powers\n44\tPower to investigate\n45\tPower to issue plant health certificates\nSubdivision 3—Miscellaneous\n47\tWarrant procedures\n48\tOffence to hinder etc inspectors\nPart 6—Miscellaneous\n49\tDelegation\n50\tCompensation\n51\tFalse or misleading statements\n52\tSelf‑incrimination\n53\tService of notices and orders\n54\tVicarious liability\n55\tEvidence\n56\tCommencement of prosecution of offences\n57\tContinuing offences\n58\tGeneral defence\n59\tIncorporation of codes and standards\n60\tRegulations\nSchedule 1—Repeal and transitional provisions\nPart 2—Repeal\n5\tRepeal\nPart 3—Transitional provisions\n6\tTransitional provisions\n7\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Plant Health Act 2009.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\naccreditation conditions—see section 20;\naccredited person means a person accredited under Part 4 Division 2;\napproved auditor means a person approved to be an auditor under Part 5 Division 1;\nassurance certificate means—\n\t(a)\tan assurance certificate issued by an accredited person under Part 4 Division 2; or\n\t(b)\ta certificate corresponding to an assurance certificate issued under a corresponding law;\nChief Inspector means the Chief Inspector appointed under Part 5 Division 2;\ncorresponding law means a law of another State declared by the regulations to be a law that corresponds to this Act;\ndisease means a bacterium, fungus, protozoa, phytoplasma, virus or any other organism or pathogen;\nimporter means a person who brings or introduces plants or plant related products into the State for the purposes of sale or any other commercial purpose;\ninspector means an inspector appointed under Part 5 Division 2;\nlabel includes a ticket, manifest, cartnote, stamp, tag or sticker;\nnoxious insect means any species of migratory or gregarious grasshopper;\npackaging includes the whole or any part of a package, container, crate, covering, packing or material of any description that is being or has been used to cover or contain a plant or plant related product;\npest—see section 4;\nplace includes any land, road or premises;\nplant means—\n\t(a)\tthe whole or any part of a tree, vine, flower, shrub, vegetable or other vegetation; and\n\t(b)\tthe whole or any part of the fruit or nut of a tree, vine or shrub; and\n\t(c)\tany material used for the propagation of a tree, vine, flower, shrub, vegetable or other vegetation,\nwhether alive or dead (including timber that has been sawn or dressed);\nplant health certificate means—\n\t(a)\ta plant health certificate issued by an inspector under Part 5 Division 2; or\n\t(b)\ta certificate corresponding to a plant health certificate issued under a corresponding law;\nplant related product means—\n\t(a)\tsoil, potting mix, packaging, agricultural machinery or equipment; and\n\t(b)\tany other material or item declared by the Minister under section 4 to be a plant related product;\npremises means any land, building or structure (including a moveable building or structure);\nquarantine station means a place declared by the Minister under section 5 to be a quarantine station;\nregistered importer means an importer registered under Part 4 Division 3;\nsell includes possess, offer, display or consign for sale;\nsoil does not include clean sand;\nState includes a Territory;\nvehicle includes an aircraft, a train or a vessel.\n\t(2)\tFor the purposes of this Act—\n\t(a)\tsoil or potting mix will be taken to be affected by a pest if a plant affected by a pest has been growing in the soil or potting mix;\n\t(b)\ta plant related product (other than soil or potting mix) will be taken to be affected by a pest if the product has been used to contain or cover, or has been in contact with, a plant, soil or potting mix affected by a pest.\n4—Pests and plant related products\n\t(1)\tThe Minister may, by notice in the Gazette, declare—\n\t(a)\ta disease; or\n\t(b)\tan insect, a mite or other arthropod, a snail, slug or nematode; or\n\t(c)\tany other organism; or\n\t(d)\tany other condition,\nthat affects or may affect a plant or plant related product to be a pest for the purposes of this Act.\n\t(2)\tThe Minister may, by notice in the Gazette, declare material or an item to be a plant related product for the purposes of this Act.\n\t(3)\tThe Minister may, by notice in the Gazette, vary or revoke a notice under this section.\n5—Quarantine stations\n\t(1)\tThe Minister may, by notice in the Gazette, declare a place to be a quarantine station in which a plant or plant related product may, subject to this Act, be held, examined, disinfected, treated, destroyed or otherwise disposed of.\n\t(2)\tThe Minister may, by notice in the Gazette, vary or revoke a notice under this section.\nPart 2—Protection of plant health\nDivision 1—Reporting of pest affected plants and plant related products and noxious insects\n6—Reporting of pest affected plants and plant related products and noxious insects\n\t(1)\tA person who knows or has reason to suspect that a plant or plant related product is affected by a pest must—\n\t(a)\timmediately report the matter to an inspector by the quickest practicable means; and\n\t(b)\tprovide the inspector with such further information as the inspector may reasonably require; and\n\t(c)\ttake all reasonable measures to prevent the spread of the pest.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$100 000;\n\t(b)\tin the case of a natural person—$20 000.\n\t(2)\tA person who knows or has reason to suspect that noxious insects have appeared on premises (whether or not occupied by the person) must immediately report the matter to an inspector by the quickest practicable means.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(3)\tA report is not required under this section with respect to a particular matter if the person knows or reasonably believes that the matter has already been reported to an inspector.\n\t(4)\tA person who grows, propagates or processes plants or plant related products for profit or gain will, if the plants or plant related products are affected by a pest, be taken to know or have reason to suspect that the plants or plant related products are so affected in the absence of proof to the contrary.\nDivision 2—Control and prevention\n7—Prohibition on introducing pest affected plants or plant related products\n\t(1)\tSubject to this section, a person must not bring or introduce into the State a pest or a plant, or plant related product, affected by a pest.\n\t(2)\tThe Minister may, for the purpose of preventing the introduction into, or spread within, the State of a pest, prohibit, by notice in the Gazette, the bringing or introduction into the State of a specified class of plant or plant related product (either absolutely or subject to conditions).\n\t(3)\tThe Minister may, by notice in the Gazette, vary or revoke a notice under subsection (2).\n\t(4)\tThe Minister may, for the purposes of furthering agricultural interests, scientific research or the biological control of a pest, by notice in writing, exempt a person from complying with this section subject to conditions set out in the notice.\n\t(5)\tThe Minister must consult widely with, and take into account the advice of, members of the agricultural and scientific communities before taking action under subsection (4).\n\t(6)\tThe Minister may, by further notice in writing, vary or revoke a notice under subsection (4).\n\t(7)\tA person—\n\t(a)\twho contravenes or fails to comply with this section or a notice under this section; or\n\t(b)\twho purchases or takes delivery of anything brought or introduced into the State in contravention of this section or a notice under this section,\nis guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a minor offence—$5 000;\n\t(b)\tin any other case—\n\t(i)\tin the case of a body corporate—$100 000;\n\t(ii)\tin the case of a natural person—$20 000.\nExpiation fee: In the case of a minor offence—$315.\n\t(8)\tIn this section—\nminor offence means an offence that consists of a person bringing or introducing anything into the State, or purchasing or taking delivery of anything brought or introduced into the State, for domestic use, consumption or enjoyment (and not for the purposes of sale or any other commercial purpose).\n8—Quarantine areas\n\t(1)\tThe Minister may, by notice in the Gazette, declare the whole of the State, or a portion of the State specified in the notice, to be a quarantine area—\n\t(a)\tin respect of all pests; or\n\t(b)\tin respect of those pests specified in the notice.\n\t(2)\tA notice under this section may do 1 or more of the following:\n\t(a)\tprohibit the removal from a quarantine area of—\n\t(i)\ta plant of a species or kind specified in the notice that might, in the opinion of the Minister, transmit a pest; and\n\t(ii)\ta plant related product of a kind specified in the notice that might, in the opinion of the Minister, transmit a pest;\n\t(b)\trequire the owners or occupiers of premises within the quarantine area to take measures (including the destruction of plants and plant related products), specified in the notice, that are, in the opinion of the Minister, necessary for the control or eradication of a pest;\n\t(c)\trequire the owners or occupiers of premises within specified portions of the quarantine area to take more stringent measures (including the destruction of plants and plant related products), specified in the notice, than the owners or occupiers of other premises within the quarantine area;\n\t(d)\tprohibit absolutely or subject to exceptions and conditions specified in the notice persons, vehicles, machinery or equipment entering or departing from the quarantine area or a specified portion of the quarantine area;\n\t(e)\tprohibit absolutely or subject to exceptions and conditions specified in the notice the bringing or introducing into the quarantine area of—\n\t(i)\ta plant of a species or kind specified in the notice; and\n\t(ii)\tany plant related product of a kind specified in the notice;\n\t(f)\tprohibit the planting, propagation or harvesting of plants, or plants of a specified species or kind, within the quarantine area during a period specified in the notice.\n\t(3)\tThe Minister may, by notice in the Gazette, vary or revoke a notice under this section.\n\t(4)\tA person—\n\t(a)\twho contravenes or fails to comply with a notice under this section; or\n\t(b)\twho purchases or takes delivery of anything brought or introduced into a quarantine area in contravention of a notice under this section,\nis guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a minor offence—$5 000;\n\t(b)\tin any other case—\n\t(i)\tin the case of a body corporate—$100 000;\n\t(ii)\tin the case of a natural person—$20 000.\nExpiation fee: In the case of a minor offence—$315.\n\t(5)\tIn this section—\nminor offence means an offence that consists of—\n\t(a)\ta person bringing or introducing anything into, or removing anything from, a quarantine area for domestic use, consumption or enjoyment (and not for the purposes of sale or any other commercial purpose); or\n\t(b)\ta person purchasing or taking delivery of anything brought or introduced into, or removed from, a quarantine area for domestic use, consumption or enjoyment (and not for the purposes of sale or any other commercial purpose).\n9—Orders relating to pest affected plants or plant related products\n\t(1)\tIf the Chief Inspector knows or reasonably suspects that a plant or plant related product is or might become affected by a pest, he or she may, with the approval of the Minister, issue such orders under this section as may be reasonably necessary to prevent or minimise the outbreak or spread of the pest to any of the following persons:\n\t(a)\ta person who owns or has possession or control of the plant or plant related product;\n\t(b)\ta person who sold or supplied the plant or plant related product;\n\t(c)\tan owner or occupier of premises in the area specified in the order.\n\t(2)\tThe Chief Inspector may issue 1 or more of the following orders in relation to any plant or plant related product that is or might become affected by a pest:\n\t(a)\tan order requiring that it be kept at a specified place for a specified period or otherwise restricting or prohibiting its movement;\n\t(b)\tan order requiring that it be subjected to specified treatment;\n\t(c)\tan order requiring that it be subjected to examinations or tests at specified intervals or that other specified action be taken for the purposes of determining the presence of a pest;\n\t(d)\tan order restricting or prohibiting its sale or supply or restricting the purposes for which it may be used;\n\t(e)\tif it has been sold or supplied—an order requiring that it be recalled;\n\t(f)\tan order requiring that it be destroyed or disposed of in a specified manner;\n\t(g)\tan order prohibiting the planting, propagation or harvesting of plants, or plants of a specified species or kind, on specified land during a specified period;\n\t(h)\tan order requiring any other action be taken as may be reasonably necessary in the circumstances.\n\t(3)\tAn order issued under this section may be subject to such conditions as the Chief Inspector specifies in the order.\n\t(4)\tIf the Chief Inspector cannot, after reasonable inquiry, locate a person of whom the Chief Inspector intended to make any requirement for action by an order, the Chief Inspector may—\n\t(a)\tcause the action to be taken by an inspector or other person; and\n\t(b)\trecover costs and expenses reasonably incurred under this subsection by action in a court of competent jurisdiction as a debt owed by the owner of the plant or plant related product in respect of which action was taken by the inspector or other person.\n\t(5)\tAn order under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be of general or limited application; and\n\t(c)\tmay, by further order of the Chief Inspector, be varied or revoked.\n\t(6)\tAn order that is of a continuing nature has effect for such period as is specified in the order (and, if an order of such a nature is issued on the basis of a suspicion, the Chief Inspector must, as soon as practicable, take reasonable steps to determine whether that suspicion is correct).\n\t(7)\tIf a person refuses or fails to comply with an order, the Chief Inspector may cause an inspector or other person to take any necessary action to give effect to the order.\n\t(8)\tThe Chief Inspector may recover costs and expenses reasonably incurred under subsection (7) by action in a court of competent jurisdiction as a debt owed by the person to whom the order was issued.\n\t(9)\tA person to whom an order has been issued under this section who contravenes or fails to comply with the order is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$100 000;\n\t(b)\tin the case of a natural person—$20 000.\n10—Action in emergency situations\n\t(1)\tIf an inspector considers on reasonable grounds that urgent action is required for the purposes of controlling, preventing the spread of, or eradicating, a pest, the inspector may, after giving such notice (if any) as may be reasonable in the circumstances, take any action that could be required to be taken by notice or order under this Part, or cause such action to be taken.\n\t(2)\tAction may be taken or caused to be taken under this section whether or not an order or notice has been issued in relation to the pest under this Part.\n11—Prohibition on sale of pest affected plants or plant related products\n\t(1)\tA person must not, without the approval of the Chief Inspector, sell or supply—\n\t(a)\ta plant or plant related product affected by a pest; or\n\t(b)\ta plant or plant related product subject to an order under this Part.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$100 000;\n\t(b)\tin the case of a natural person—$20 000.\n\t(2)\tThe owner of premises in relation to which an order is in force under this Part must notify the Chief Inspector of any intended sale of the premises or part of the premises at least 28 days before the date of settlement.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tIf a person is guilty of an offence against this section, a court may (in addition to any other penalty that may be imposed) order the person to pay to the person to whom the plant or plant related product was sold or supplied such compensation as the court thinks fit.\nPart 3—Packaging, identifying and transporting plants and plant related products\nDivision 1—Packaging and labelling of fruits, vegetables and nuts\n12—Packaging and labelling of fruit, vegetables and nuts for sale\n\t(1)\tA person must not pack for sale or sell any fruit, vegetables or nuts in packaging unless the packaging—\n\t(a)\tis in good repair; and\n\t(b)\tis clean and free of extraneous visible matter; and\n\t(c)\tis free of any objectionable odour; and\n\t(d)\tis labelled in accordance with the regulations.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tA person must not pack for sale or sell any fruit, vegetables or nuts in used packaging except in accordance with the regulations (which may prohibit the use of certain used packaging absolutely or subject to conditions).\nMaximum penalty: $5 000.\nExpiation fee: $315.\n13—Identification of plants sold for propagation\nA person must not sell any prescribed plant for propagation unless it is accompanied by a label or other notice in writing containing the information prescribed by the regulations.\nMaximum penalty: $5 000.\nExpiation fee: $315.\nDivision 2—Manifests\n14—Manifests\n\t(1)\tA person must not bring or introduce into the State plants or plant related products for sale or any other commercial purpose unless, before so doing, a manifest that conforms to the requirements of the Minister about its form, contents and the manner in which it is made has been lodged with the Chief Inspector.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tA person must not tranship, or transport through the State, plants or plant related products for sale in another State unless, before so doing, a manifest that conforms to the requirements of the Minister about its form, contents and the manner in which it is made has been lodged with the Chief Inspector.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tA person referred to in subsection (1) or (2) must, at a quarantine station or on the request of an inspector, produce a copy of the manifest.\nMaximum penalty: $5 000.\nExpiation fee: $315.\nPart 4—Accreditation and registration schemes\nDivision 1—Accreditation of production areas\n15—Accreditation of production areas\n\t(1)\tIf the Minister is satisfied that, through the exercise of good management by the producers and processors of plants or plant related products in a specified area, the area is free of a specified pest or specified pests, the Minister may, by notice in the Gazette, declare that area to be free of the pest or pests specified in the notice and authorise the use of specified statements in respect of plants or plant related products produced or processed in that area when advertising, packaging or selling those plants or plant related products.\n\t(2)\tThe Minister may, by notice in the Gazette, vary or revoke a notice under this section.\n\t(3)\tA person must only use a statement specified in a notice under this section in respect of plants or plant related products produced or processed in the area specified in the notice.\nMaximum penalty: $20 000.\nExpiation fee: $500.\nDivision 2—Accreditation of persons\n16—Application for accreditation\n\t(1)\tAn application for accreditation for the purposes of this Division must be made to the Minister and must—\n\t(a)\tbe in the manner and form, and contain the information, required by the Minister; and\n\t(b)\tbe accompanied by the fee fixed by the regulations.\n\t(2)\tThe Minister may, by written notice, require the applicant—\n\t(a)\tto provide the Minister with further information, documents or records relevant to the application; or\n\t(b)\tto allow an inspector or an approved auditor to inspect premises, facilities, vehicles, plant or equipment, or any other thing, proposed to be used by the applicant in connection with the issuing of certificates under the proposed accreditation.\n\t(3)\tThe Minister may refuse the application if the applicant does not comply with such a request.\n\t(4)\tThe applicant may, with the approval of the Minister or at the request of the Minister, amend the application before the Minister has finished considering it.\n17—Grant of accreditation\n\t(1)\tOn application for accreditation, the Minister must grant the accreditation sought by the applicant or another accreditation if satisfied—\n\t(a)\tthat the applicant is a suitable person to hold such accreditation; and\n\t(b)\tif the applicant is a body corporate—that each director of the body corporate is a suitable person to be the director of a body corporate that holds such accreditation; and\n\t(c)\tthat the applicant satisfies any requirements for accreditation relating to protocols, operational procedures or other matters prescribed by the regulations.\n\t(2)\tFor the purposes of determining the suitability of a person under subsection (1), the Minister may, without limitation, take into account—\n\t(a)\tany offence committed by the person against—\n\t(i)\tthis Act or an Act repealed by this Act; or\n\t(ii)\ta corresponding law; or\n\t(iii)\ta prescribed Act; or\n\t(b)\tany offence of dishonesty committed by the person.\n\t(3)\tAccreditation may be granted in the form the Minister considers appropriate.\n18—Authority conferred by accreditation\nAccreditation authorises the person named in the accreditation to do either or both of the following:\n\t(a)\tto issue assurance certificates in relation to the movement of a plant or plant related product within the State, into or out of the State, or for another purpose;\n\t(b)\tto verify assurance certificates or other documents, or the packaging or labelling of plants and plant related products,\nin accordance with the terms and conditions of the accreditation.\n19—Assurance certificates and evidence of verification \n\t(1)\tAn assurance certificate may be issued in a form approved by the Minister.\n\t(2)\tAn assurance certificate issued in respect of a plant or plant related product—\n\t(a)\tgrown, produced, processed, packed, used, treated or tested in the State; or\n\t(b)\tto be brought or introduced into the State,\nmay certify that the plant or plant related product complies with specified requirements of this Act or a corresponding law in relation to the control or prevention of the spread of pests.\n\t(3)\tWithout limiting the generality of subsection (2), an assurance certificate issued in respect of a plant or plant related product may certify as to any of the following matters:\n\t(a)\tthat it is free of any or a specified pest;\n\t(b)\tthat it is free of any or a specified pest, disease, pest infestation, infection or condition within the meaning of a corresponding law;\n\t(c)\tthat it is in a specified condition;\n\t(d)\tthat it is from a specified area;\n\t(e)\tthat it has been treated in a specified way or with specified treatments;\n\t(f)\tthat it has been transported in a specified manner or via a specified route;\n\t(g)\tthat it meets specified requirements;\n\t(h)\tas to any other matter specified in the certificate.\n\t(4)\tVerification of assurance certificates or other documents, or the packaging or labelling of plants and plant related products, may be evidenced in a manner and form approved by the Minister.\n20—Conditions of accreditation\n\t(1)\tThe Minister may impose conditions on a person's accreditation (accreditation conditions).\n\t(2)\tWithout limiting the conditions that may be imposed under subsection (1), the conditions may include the following:\n\t(a)\ta condition restricting the class or type of certificate that may be issued;\n\t(b)\ta condition restricting the activities in respect of which a certificate may be issued;\n\t(c)\ta condition restricting the class or type of assurance certificate or other document that may be verified;\n\t(d)\ta condition restricting the use of the accreditation in some other way;\n\t(e)\ta condition as to the records to be kept by the accredited person;\n\t(f)\ta condition requiring compliance with prescribed protocols and operational procedures;\n\t(g)\ta condition requiring compliance with applicable codes or rules made under this Act as in force from time to time;\n\t(h)\ta condition relating to the audit from time to time of all or part of the operations authorised by the accreditation (including the payment of all or part of the costs of the audit) and the reporting of the results of the audit to the Minister;\n\t(i)\ta condition requiring the accredited person to provide, in the manner and form determined by the Minister, such other information as the Minister may from time to time require;\n\t(j)\tany other condition that the Minister thinks fit.\n\t(3)\tAn accredited person must not contravene a condition of the person's accreditation.\nMaximum penalty: \n\t(a)\tin the case of a contravention of a prescribed condition—$5 000;\n\t(b)\tin any other case—\n\t(i)\tin the case of a body corporate—$100 000;\n\t(ii)\tin the case of a natural person—$20 000.\nExpiation fee: In the case of a contravention of a prescribed condition—$315.\n21—Periodic fees and returns\n\t(1)\tAn accredited person must, in each year, on or before the first day of the month following the anniversary of the date on which the person was granted accreditation—\n\t(a)\tpay to the Minister the fee fixed by regulation; and\n\t(b)\tlodge with the Minister a return that conforms to the requirements of the Minister about its form, contents and the manner in which it is made.\n\t(2)\tIf an accredited person fails to lodge the return or pay the accreditation fee in accordance with this section, the Minister may, by written notice, require the accredited person to make good the default and, in addition, to pay to the Minister the amount prescribed as a penalty for default.\n\t(3)\tIf an accredited person—\n\t(a)\tfails to comply with a notice under subsection (2) within 14 days after the giving of the notice—the accreditation is suspended until the notice is complied with; and\n\t(b)\tfails to comply with any such notice within 3 months after the giving of the notice—the accreditation is cancelled.\n\t(4)\tThe Minister must cause written notice of the suspension or cancellation to be given to the person.\n22—Variation of accreditation\n\t(1)\tThe Minister may vary the terms or conditions of a person's accreditation by written notice to the person as the Minister considers appropriate.\n\t(2)\tThe Minister's power under this section may be exercised on the Minister's own initiative or on the application of the accredited person and payment of the prescribed fee.\n23—Surrender of accreditation\n\t(1)\tAn accredited person may surrender the person's accreditation to the Minister.\n\t(2)\tAt the time accreditation to issue assurance certificates is surrendered, the person must also surrender any unissued assurance certificates to the Minister.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n24—Suspension or cancellation of accreditation\n\t(1)\tThe Minister may suspend or cancel the accreditation of an accredited person if—\n\t(a)\tthe accredited person obtained the accreditation improperly; or\n\t(b)\tan accredited person—\n\t(i)\thas ceased to undertake the activity authorised by the accreditation; or\n\t(ii)\thas not paid fees or charges payable to the Minister or an approved auditor within the required time; or\n\t(iii)\thas been guilty of a contravention of a condition of the accreditation; or\n\t(iv)\thas committed an offence against this Act; or\n\t(v)\thas been convicted of an indictable offence.\n\t(2)\tA suspension under this section may be for a specified period, or until the fulfilment of specified conditions, or until further order of the Minister.\n\t(3)\tA suspension under this section may—\n\t(a)\tbe effective immediately; or\n\t(b)\tbe expressed to have effect at a specified future time; or\n\t(c)\tbe expressed to have effect at a specified future time unless a specified condition is fulfilled.\n\t(4)\tThe Minister must—\n\t(a)\tnotify the accredited person in writing of the action taken or proposed to be taken specifying the reasons for the action; and\n\t(b)\tallow the accredited person at least 14 days within which to make submissions to the Minister in relation to the action or proposed action (as the case may be).\n\t(5)\tIf the Minister suspends or cancels an accreditation, the person must, within 14 days of the suspension or cancellation, return the accreditation (and, if relevant, any unissued assurance certificates) to the Minister.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(6)\tIn this section—\naccredited person includes a person whose accreditation has been suspended.\n25—Offences\n\t(1)\tA person must not verify that—\n\t(a)\tan assurance certificate or other document relating to a plant or plant related product required under this Act or a corresponding law; or\n\t(b)\tthe packaging or labelling of plants or plant related products, \ncomplies with the requirements of this Act or a corresponding law (as the case may be) except as authorised by accreditation granted under this Division.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$100 000;\n\t(b)\tin the case of a natural person—$20 000.\n\t(2)\tA person must not issue an assurance certificate in relation to a plant or plant related product except as authorised by accreditation granted under this Division.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$100 000;\n\t(b)\tin the case of a natural person—$20 000.\n\t(3)\tA person must not issue anything that purports to be an assurance certificate unless the person is accredited under this Division to do so.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$100 000;\n\t(b)\tin the case of a natural person—$20 000.\n\t(4)\tA person must not alter or permit to be altered any information or statement in an assurance certificate unless—\n\t(a)\tthe alteration is authorised in writing by the accredited person who issued the certificate; or\n\t(b)\tthe alteration—\n\t(i)\trelates to the splitting of a consignment to which the certificate relates; and\n\t(ii)\tis made by an inspector or a person authorised by accreditation granted under this Division to split consignments.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$100 000;\n\t(b)\tin the case of a natural person—$20 000.\nDivision 3—Registration of importers\n26—Application for registration\n\t(1)\tAn application for registration as an importer under this Division must be made to the Minister and must—\n\t(a)\tbe in the manner and form, and contain the information, required by the Minister; and\n\t(b)\tbe accompanied by the fee fixed by the regulations.\n\t(2)\tThe Minister may, by written notice, require the applicant to provide the Minister with further information, documents or records relevant to the application.\n\t(3)\tThe Minister may refuse an application if the applicant does not comply with such a request.\n\t(4)\tThe applicant may, with the approval of the Minister or at the request of the Minister, amend the application before the Minister has finished considering it.\n27—Grant of registration\n\t(1)\tThe Minister must grant an application for registration as an importer if satisfied—\n\t(a)\tthat the applicant is a suitable person to be so registered; and\n\t(b)\tif the applicant is a body corporate—that each director of the body corporate is a suitable person to be the director of a body corporate that is so registered; and\n\t(c)\tthat the applicant satisfies any requirements for registration relating to protocols, operational procedures or other matters prescribed by the regulations.\n\t(2)\tFor the purposes of determining the suitability of a person under subsection (1), the Minister may, without limitation, take into account—\n\t(a)\tany offence committed by the person against—\n\t(i)\tthis Act or an Act repealed by this Act; or\n\t(ii)\ta corresponding law; or\n\t(iii)\ta prescribed Act; or\n\t(b)\tany offence of dishonesty committed by the person.\n\t(3)\tRegistration may be granted in the form the Minister considers appropriate.\n28—Conditions of registration\n\t(1)\tThe Minister may impose conditions on a person's registration as an importer.\n\t(2)\tWithout limiting the conditions that may be imposed under subsection (1), the conditions may include—\n\t(a)\ta condition restricting the type of plant or plant related product that the person may bring or introduce into the State; and\n\t(b)\ta condition as to the records to be kept by the registered importer; and\n\t(c)\ta condition requiring compliance with prescribed protocols and operational procedures; and\n\t(d)\ta condition requiring compliance with applicable codes or rules made under this Act as in force from time to time; and\n\t(e)\ta condition requiring the registered importer to provide, in the manner and form determined by the Minister, such information as the Minister may from time to time require; and\n\t(f)\tany other condition that the Minister thinks fit.\n\t(3)\tA registered importer must not contravene a condition of the importer's registration.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$20 000;\n\t(b)\tin the case of a natural person—$5 000.\nExpiation fee: \n\t(a)\tin the case of a body corporate—$500;\n\t(b)\tin the case of a natural person—$315.\n29—Periodic fees and returns\n\t(1)\tA registered importer must, in each year, on or before the first day of the month following the anniversary of the date on which the person was granted registration—\n\t(a)\tpay to the Minister the fee fixed by regulation; and\n\t(b)\tlodge with the Minister a return that conforms to the requirements of the Minister about its form, contents and the manner in which it is made.\n\t(2)\tIf a registered importer fails to lodge the return or pay the registration fee in accordance with this section, the Minister may, by written notice, require the registered importer to make good the default and, in addition, to pay to the Minister the amount prescribed as a penalty for default.\n\t(3)\tIf a registered importer—\n\t(a)\tfails to comply with a notice under subsection (2) within 14 days after the giving of the notice—the registration is suspended until the notice is complied with; and\n\t(b)\tfails to comply with any such notice within 3 months after the giving of the notice—the registration is cancelled.\n\t(4)\tThe Minister must cause written notice of the suspension or cancellation to be given to the importer.\n30—Variation of registration\n\t(1)\tThe Minister may vary the terms or conditions of an importer's registration by written notice to the importer as the Minister considers appropriate.\n\t(2)\tThe Minister's power under this section may be exercised on the Minister's own initiative or on the application of the registered importer and payment of the prescribed fee.\n31—Surrender of registration\nA registered importer may surrender the registration to the Minister.\n32—Suspension or cancellation of registration\n\t(1)\tThe Minister may suspend or cancel the registration of an importer if—\n\t(a)\tthe registration was obtained improperly; or\n\t(b)\tthe registered importer—\n\t(i)\thas ceased to undertake the activity authorised by the registration; or\n\t(ii)\thas not paid fees or charges payable to the Minister within the required time; or\n\t(iii)\thas been guilty of a contravention of a condition of the registration; or\n\t(iv)\thas committed an offence against this Act; or\n\t(v)\thas been convicted of an indictable offence.\n\t(2)\tA suspension under this section may be for a specified period, or until the fulfilment of specified conditions, or until further order of the Minister.\n\t(3)\tA suspension under this section may—\n\t(a)\tbe effective immediately; or\n\t(b)\tbe expressed to have effect at a specified future time; or\n\t(c)\tbe expressed to have effect at a specified future time unless a specified condition is fulfilled.\n\t(4)\tThe Minister must—\n\t(a)\tnotify the registered importer in writing of the action taken or proposed to be taken specifying the reasons for the action; and\n\t(b)\tallow the registered importer at least 14 days within which to make submissions to the Minister in relation to the action or proposed action (as the case may be).\n\t(5)\tIf the Minister suspends or cancels a registration, the holder of the registration must, within 14 days of the suspension or cancellation, return the registration to the Minister.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(6)\tIn this section—\nregistered importer includes an importer whose registration has been suspended.\n33—Offence\nA person must not bring or introduce into the State plants or plant related products for sale or any other commercial purpose except as authorised by registration granted under this Division.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$20 000;\n\t(b)\tin the case of a natural person—$5 000.\nExpiation fee: \n\t(a)\tin the case of a body corporate—$500;\n\t(b)\tin the case of a natural person—$315.\nDivision 4—Register\n34—Register\n\t(1)\tThe Minister must maintain a register of—\n\t(a)\tproduction areas accredited under Division 1; and\n\t(b)\tpersons accredited under Division 2; and\n\t(c)\timporters registered under Division 3.\n\t(2)\tThe register may contain the information and be kept in the form that the Minister considers appropriate.\nDivision 5—Reviews\n35—Review by Minister\n\t(1)\tA person may apply to the Minister for review of a decision of the Minister—\n\t(a)\trefusing an application for the grant of accreditation under Division 2; or\n\t(b)\trefusing an application for the grant of registration under Division 3; or\n\t(c)\timposing or varying conditions of any such accreditation or registration; or\n\t(d)\tsuspending or cancelling any such accreditation or registration.\n\t(2)\tAn application for review of a decision of the Minister must be made within 28 days after the day on which the person is given written notice of the decision.\n\t(3)\tThe Minister may determine an application for review as the Minister thinks fit.\n\t(4)\tA review must be determined within 28 days of the application being lodged with the Minister.\n\t(5)\tIf a review is not determined within that period, the Minister is to be taken to have confirmed the decision.\n36—Review by Tribunal\n\t(1)\tAn applicant for a review by the Minister who is not satisfied with the decision of the Minister on the review may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Minister's decision.\n\t(2)\tSubject to subsection (4), an application must be made within 28 days of the making of the Minister's decision.\n\t(3)\tThe Minister must, if required by the applicant for the review, state in writing the reasons for the decision.\n\t(4)\tIf the reasons of the Minister are not given to the applicant for the review in writing at the time of making the decision and that person (within 28 days of the making of the decision) requires the Minister to state the reasons in writing, the time for commencing proceedings before the Tribunal runs from the time at which that person receives the written statement of those reasons.\n\t(5)\tIn this section—\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nPart 5—Enforcement\nDivision 1—Approved auditors\n37—Approved auditors\n\t(1)\tThe Minister may approve a person as an auditor for the purposes of this Act if the Minister is satisfied that the person can provide satisfactory and efficient audit services for the purposes of this Act and that the services will be provided by suitably qualified persons.\n\t(2)\tAn approval is subject to conditions imposed by the Minister.\n\t(3)\tWithout limiting subsection (2), the conditions may include the following:\n\t(a)\ta condition requiring the person to enter into an agreement (an audit agreement) with the Minister;\n\t(b)\ta condition limiting the functions or powers of the person;\n\t(c)\ta condition limiting the area of the State in which those functions or powers may be exercised;\n\t(d)\ta condition fixing fees to be paid to the Minister.\n\t(4)\tAn audit agreement—\n\t(a)\tmust regulate the provision of audit services for the purposes of this Act; and\n\t(b)\tmust provide that the agreement terminates if the approval is withdrawn by the Minister; and\n\t(c)\tmust set out the requirements relating to audit reports including the content of the reports; and\n\t(d)\tmay regulate the charges to be made by the auditor for audit services under this Act (by fixing specific charges or maximum and minimum charges or by setting out a method of calculating charges); and\n\t(e)\tmay regulate the withdrawal of audit services for non‑payment of charges; and\n\t(f)\tmay provide for the suspension of obligations under the agreement in specified circumstances; and\n\t(g)\tmay contain any other provision agreed between the Minister and the person.\n\t(5)\tThe Minister and an approved auditor may, by agreement, vary or terminate an audit agreement.\n\t(6)\tThe Minister may, by written notice to the approved auditor—\n\t(a)\timpose a further condition of approval; or\n\t(b)\tvary or revoke a condition of approval; or\n\t(c)\tcancel the approval if satisfied that the auditor is in breach of a condition of the approval or a term of the audit agreement between the auditor and the Minister.\n\t(7)\tAn approval or audit agreement under this section does not derogate from the right of an inspector to exercise a power under this Act.\n38—Duty of auditor to report certain matters\nIf, in the course of conducting an audit in respect of an accredited person, an approved auditor forms a reasonable belief that the accredited person—\n\t(a)\thas engaged or is engaging in conduct that constitutes a breach of a prescribed accreditation condition; or\n\t(b)\thas engaged or is engaging in conduct of a prescribed kind,\nthe auditor must, as soon as reasonably practicable, inform the Minister of the name and address of the accredited person and the details about the facts and circumstances giving rise to the belief.\nMaximum penalty: $5 000.\n39—Offence to hinder or obstruct auditor\nA person who hinders or obstructs a person performing an audit under this Division is guilty of an offence.\nMaximum penalty: $5 000.\nDivision 2—Inspectors\nSubdivision 1—Appointment and identification\n40—Appointment of Chief Inspector and deputy\n\t(1)\tThe Minister may, by instrument in writing, appoint a person to be the Chief Inspector for the purposes of this Act.\n\t(2)\tThe Minister may, by instrument in writing, appoint a person to be the deputy of the Chief Inspector, and a person so appointed has, while acting in the absence of the Chief Inspector, all the powers and functions of the Chief Inspector under this or any other Act.\n41—Appointment of inspectors\n\t(1)\tThe Minister may, by instrument in writing, appoint persons to be inspectors for the purposes of this Act.\n\t(2)\tAn appointment under subsection (1) may be conditional.\n42—Identification of inspectors\n\t(1)\tAn inspector must be issued with an identity card in a form approved by the Minister—\n\t(a)\tcontaining a photograph of the person and the person's name or a unique identification code; and\n\t(b)\tstating that the person is an inspector under this Act.\n\t(2)\tAn inspector must, at the request of a person in relation to whom the inspector intends to exercise any powers under this Act or any other Act, produce his or her identity card for inspection by the person.\n\t(3)\tIf a person in possession of an identity card issued to the person under this section ceases to be an inspector, the person must immediately return the identity card to the Minister.\nMaximum penalty: $1 250.\nSubdivision 2—Powers\n43—General powers\n\t(1)\tAn inspector may—\n\t(a)\tenter and search and, if necessary, use reasonable force to break into or open—\n\t(i)\tany premises or vehicle; or\n\t(ii)\tpart of, or anything in or on, any premises or vehicle; and\n\t(b)\tenter premises to carry out an investigation under section 44; and\n\t(c)\tenter premises to—\n\t(i)\tapply, instal, inspect or retrieve a bait, lure, trap or other equipment for the purpose of monitoring, controlling or eradicating a pest; or\n\t(ii)\tcarry out any other work or operation as may be necessary for the identification, destruction or suppression of a pest; and\n\t(d)\tgive directions with respect to the stopping or movement of a vehicle; and\n\t(e)\trequire a person to produce a document, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process; and\n\t(f)\texamine, copy or take extracts from a document or information so produced or require a person to provide a copy of any such document or information; and\n\t(g)\tverify that a certificate or other document relating to a plant or plant related product complies with the requirements of this Act or a corresponding law; and\n\t(h)\tverify that the packaging or labelling of plants or plant related products complies with the requirements of this Act or a corresponding law; and\n\t(i)\ttake photographs, films or audio, video or other recordings; and\n\t(j)\tseize and retain any insect or other pest, or plant or plant related product, that the inspector reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; and\n\t(k)\tseize any plant or plant related product brought into a place, removed from a place, or moved from 1 place to another, in contravention of this Act; and\n\t(l)\trequire a person holding or required to hold an accreditation or registration under this Act to produce it for inspection; and\n\t(m)\trequire the owner of any plant, plant related product or other thing to deliver it to a quarantine station; and\n\t(n)\tidentify, by marking, tagging or otherwise, any premises, plant, plant related product or other thing in respect of which powers have been exercised under this Act; and\n\t(o)\terect signs at, on or near any place or area in respect of which powers have been exercised under this Act; and\n\t(p)\trequire a person who the inspector reasonably suspects has committed, is committing, or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; and\n\t(q)\trequire a person who the inspector reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act to answer questions in relation to those matters; and\n\t(r)\tgive a direction required in connection with the exercise of a power conferred by this Act or otherwise in connection with the administration or enforcement of this Act.\n\t(2)\tAn inspector—\n\t(a)\tmay only exercise the powers conferred by subsection (1) as reasonably required for the administration and enforcement of this Act; and\n\t(b)\tmay only exercise the power to use force under subsection (1)(a) on the authority of a warrant issued by a magistrate or in circumstances in which the inspector reasonably believes that urgent action is required in order to prevent or mitigate the spread of a pest; and\n\t(c)\tmay only exercise the power conferred by subsection (1)(c) if the occupier of the premises—\n\t(i)\thas been given 24 hours notice in writing; or\n\t(ii)\thas consented to the entry.\n\t(3)\tDespite subsection (2)(c), this section does not authorise an inspector to enter a part of premises occupied as a residence except—\n\t(a)\twith the consent of the occupier; or\n\t(b)\ton the authority of a warrant issued by a magistrate.\n\t(4)\tIf an inspector seizes any plant or plant related product under subsection (1)(k), the inspector may do 1 or more of the following in relation to the plant or plant related product:\n\t(a)\tretain it;\n\t(b)\tcleanse, disinfect or otherwise treat it or subject it to treatment;\n\t(c)\tsubmit it for scientific testing and analysis for the purposes of determining whether it is affected by a pest or a chemical residue;\n\t(d)\treturn it to its owner subject to any specified conditions (including conditions requiring payment of costs and expenses reasonably incurred in taking action in relation to it under this section);\n\t(e)\tdestroy or otherwise dispose of it.\n\t(5)\tAn inspector may be assisted in the exercise of powers under this Act by such persons as the inspector considers necessary in the circumstances.\n\t(6)\tAn inspector may require an occupier of premises or a person apparently in charge of a vehicle or other thing to give to the inspector or a person assisting the inspector such assistance as is reasonably required by the inspector for the effective exercise of powers under this Act.\n44—Power to investigate\n\t(1)\tAn inspector may carry out an investigation as reasonably necessary for the purposes of—\n\t(a)\tdetermining whether a plant or plant related product is affected by a pest; or\n\t(b)\tdetermining the presence of noxious insects or other pests; or\n\t(c)\tidentifying or tracing any cause or source or potential cause or source of a pest.\n\t(2)\tAn inspector may, for the purposes of an investigation under this section, examine, take samples from or test any insect or other pest, plant or plant related product.\n45—Power to issue plant health certificates\n\t(1)\tAn inspector may issue a plant health certificate in a form approved by the Minister in relation to plants or plant related products—\n\t(a)\tgrown, produced, processed, packed, used, treated or tested in the State; or\n\t(b)\tto be brought or introduced into the State.\n\t(2)\tWithout limiting the generality of subsection (1), a plant health certificate issued in relation to a plant or plant related product may certify as to any of the following matters:\n\t(a)\tthat it is free of any or a specified pest;\n\t(b)\tthat it is free of any or a specified pest, disease, pest infestation, infection or condition within the meaning of a corresponding law;\n\t(c)\tthat it is in a specified condition;\n\t(d)\tthat it is from a specified area;\n\t(e)\tthat it has been treated in a specified way or with specified treatments;\n\t(f)\tthat it has been transported in a specified manner or via a specified route;\n\t(g)\tthat it complies with specified accreditation conditions;\n\t(h)\tthat it meets specified requirements;\n\t(i)\tas to any other matter specified in the certificate.\n\t(3)\tBefore issuing a plant health certificate in relation to a plant or plant related product, the inspector may do 1 or more of the following:\n\t(a)\tinspect the plant or plant related product;\n\t(b)\ttake samples of or from the plant or plant related product;\n\t(c)\tsupervise the treatment or grading of the plant or plant related product;\n\t(d)\tinspect or test materials, chemicals or equipment used to treat or grade the plant or plant related product;\n\t(e)\tdo any other thing the inspector reasonably considers necessary in the circumstances.\n\t(4)\tA plant health certificate may be issued in relation to the movement of a plant or plant related product within the State, into or out of the State, or for another purpose.\n\t(5)\tA person who is not an inspector must not issue a plant health certificate.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$100 000;\n\t(b)\tin the case of a natural person—$20 000.\n\t(6)\tA person must not alter, or permit to be altered, any information or statement in a plant health certificate unless—\n\t(a)\tthe alteration is authorised in writing by an inspector; or\n\t(b)\tthe alteration—\n\t(i)\trelates to the splitting of a consignment to which the certificate relates; and\n\t(ii)\tis made by a person authorised by accreditation granted under Part 4 Division 2 to split consignments.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$100 000;\n\t(b)\tin the case of a natural person—$20 000.\nSubdivision 3—Miscellaneous\n47—Warrant procedures\n\t(1)\tA magistrate must not issue a warrant for the purposes of this Part unless satisfied that the warrant is reasonably required in the circumstances.\n\t(2)\tAn application for a warrant may be made personally or, if, in the opinion of the applicant, the warrant is urgently required and there is not enough time to lodge a written application and appear before a magistrate, by fax transmission or telephone.\n\t(3)\tThe grounds of an application for a warrant must be verified by affidavit.\n\t(4)\tIf an application for the issue of a warrant is made by fax transmission, the following provisions apply:\n\t(a)\tthe application must be in a form approved by the Chief Magistrate;\n\t(b)\tthe application must be accompanied (through fax transmission) by an affidavit made by the applicant verifying the facts referred to in the application;\n\t(c)\tthe applicant must be available to speak to the magistrate by telephone;\n\t(d)\tthe magistrate is entitled to assume, without further inquiry, that a person who identifies himself or herself as the applicant acting in the capacity of an inspector during a telephone conversation with the magistrate is indeed the applicant acting in that capacity;\n\t(e)\tthe magistrate may, on being satisfied as to the circumstances of urgency and the grounds for the issue of a warrant, make out and sign a warrant;\n\t(f)\tthe warrant is to be taken to have been issued, and comes into force, when signed by the magistrate;\n\t(g)\tthe magistrate must forward the warrant to the applicant by fax transmission.\n\t(5)\tIf an application for a warrant is made by telephone, the following provisions apply:\n\t(a)\tthe applicant must inform the magistrate of the applicant's name and identify himself or herself as an inspector and the magistrate, on receiving that information, is entitled to assume its accuracy without further inquiry;\n\t(b)\tthe applicant must inform the magistrate of the purpose for which the warrant is required, the grounds on which it is sought and the circumstances giving rise to the urgency of the application;\n\t(c)\tthe magistrate may, on being satisfied as to the circumstances of urgency and the grounds for the issue of the warrant, inform the applicant of the facts on which the magistrate relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;\n\t(d)\tif the applicant gives such an undertaking, the magistrate may then make out and sign a warrant;\n\t(e)\tthe warrant is to be taken to have been issued, and comes into force, when signed by the magistrate;\n\t(f)\tthe magistrate must inform the applicant of the terms of the warrant;\n\t(g)\tthe applicant must fill out and sign a warrant form (the duplicate warrant) that—\n\t(i)\tsets out the name of the magistrate who issued the original and the terms of the warrant; and\n\t(ii)\tcomplies with any other prescribed requirements;\n\t(h)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant.\n\t(6)\tA warrant, if not executed at the expiration of 1 month from the date of its issue, then expires.\n48—Offence to hinder etc inspectors\nA person who—\n\t(a)\thinders or obstructs an inspector, a person assisting an inspector, or an animal accompanying an inspector, in the exercise of powers under this Act; or\n\t(b)\trefuses or fails to comply with a requirement or direction of an inspector under this Act; or\n\t(c)\tremoves, damages or interferes with any notice, sign, identification mark, label, tape, seal, lock or other device used for the purposes of this Act; or\n\t(d)\twhen required by an inspector under this Act to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or\n\t(e)\tfalsely represents, by words or conduct, that he or she is an inspector,\nis guilty of an offence.\nMaximum penalty: $5 000.\nPart 6—Miscellaneous\n49—Delegation\n\t(1)\tThe Minister may delegate to a body or person (including a person for the time being performing particular duties or holding or acting in a particular position) a function or power of the Minister under this Act.\n\t(2)\tThe Chief Inspector may delegate to a person (including an inspector) a function or power of the Chief Inspector under this Act.\n\t(3)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in any matter; and\n\t(d)\tis revocable at will.\n\t(4)\tA function or power delegated by the Minister under this section may, if the instrument of delegation so provides, be further delegated.\n50—Compensation\n\t(1)\tThe Minister may pay compensation to any person who has suffered loss or damage as a direct consequence of a notice or an order made under Part 2.\n\t(2)\tAn application for compensation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmust be made in a manner and form determined by the Minister; and\n\t(c)\tmust be supported by such evidence as the Minister may require.\n\t(3)\tNo action lies against the Minister to compel the Minister to make a payment of compensation under this section.\n51—False or misleading statements\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in an application made, information provided, or a certificate issued, under this Act.\nMaximum penalty: \n\t(a)\tif the person made the statement knowing that it was false or misleading—$10 000;\n\t(b)\tin any other case—$5 000.\n52—Self‑incrimination\nIf a person is required to answer a question or to produce, or provide a copy of, a document or information under this Act and the answer or document or information would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless answer or produce, or provide a copy of, the document or information, but the answer or document or information will not be admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty other than proceedings in respect of the making of a false or misleading statement or declaration.\n53—Service of notices and orders\n\t(1)\tA notice or order required or authorised by this Act to be given or issued to a person may be given or issued—\n\t(a)\tby delivering it personally to the person or an agent of the person; or\n\t(b)\tby leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tby posting it to the person or agent of the person at the person's or agent's last known place of residence or business.\n\t(2)\tWithout limiting subsection (1), a notice or order required or authorised to be given to a person under this Act may be given or issued—\n\t(a)\tby posting it to the person at the address last provided to the Minister by the person for that purpose; or\n\t(b)\tby transmitting it to the person by fax transmission or email to the fax number or email address last provided to the Minister by the person for that purpose; or\n\t(c)\tin the case of a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth—in accordance with that Act.\n54—Vicarious liability\n\t(1)\tFor the purposes of this Act, an act or omission of an employee or agent will be taken to be the act or omission of the employer or principal unless it is proved that the act or omission did not occur in the course of the employment or agency.\n\t(2)\tIf a body corporate is guilty of a prescribed offence, each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person unless the member proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.\n\t(3)\tIf a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that—\n\t(a)\tthe member knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe member was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe member failed to exercise due diligence to prevent the commission of the offence.\n\t(4)\tSubsection (3) does not apply if the principal offence is—\n\t(a)\tan offence against section 6(2), 11(2), 12, 13, 14, 15, 23, 24, 32, 33, 38, 39, 42, 45, 48 or 51; or\n\t(b)\tan offence against section 7 that is a minor offence within the meaning of that section; or\n\t(c)\tan offence against section 8 that is a minor offence within the meaning of that section; or\n\t(d)\tan offence against section 20(3) consisting of a contravention of a prescribed condition of accreditation.\n\t(5)\tThe regulations may make provision in relation to the criminal liability of a member of the governing body of a body corporate that is guilty of an offence against the regulations.\n\t(6)\tIn this section—\nprescribed offence means—\n\t(a)\tan offence against section 6(1), 9, 11(1) or 28; or\n\t(b)\tan offence against section 7 other than a minor offence within the meaning of that section; or\n\t(c)\tan offence against section 8 other than a minor offence within the meaning of that section; or\n\t(d)\tan offence against section 20(3) other than a contravention of a prescribed condition.\n55—Evidence\n\t(1)\tIn proceedings, a certificate apparently executed by the Minister certifying as to a matter relating to—\n\t(a)\tthe accreditation of a place; or\n\t(b)\tthe accreditation of a person; or\n\t(c)\tthe registration of an importer; or\n\t(d)\tthe appointment of an inspector; or\n\t(e)\tthe approval of an auditor; or\n\t(f)\tan order or approval of the Chief Inspector or any other inspector; or\n\t(g)\ta delegation; or\n\t(h)\tan exemption; or\n\t(i)\ta notice; or\n\t(j)\tan application; or\n\t(k)\tthe receipt or non‑receipt of information; or\n\t(l)\tthe amount of costs and expenses incurred in taking specified action,\nunder this Act constitutes proof, in the absence of proof to the contrary, of the matters so certified.\n\t(2)\tAn allegation in a complaint—\n\t(a)\tthat a specified person is or was the owner or occupier of specified property; or\n\t(b)\tthat specified plants or plant related products were within a specified area; or\n\t(c)\tthat specified plants or plant related products are or were affected by a pest; or\n\t(d)\tthat something done was done without the approval of the Chief Inspector,\nconstitutes proof, in the absence of proof to the contrary, of the matters so alleged.\n56—Commencement of prosecution of offences\nProceedings for an offence under this Act may be commenced at any time within 3 years of the day on which the offence is alleged to have been committed.\n57—Continuing offences\n\t(1)\tIf an offence against a provision of this Act is committed by a person by reason of a continuing act or omission—\n\t(a)\tthe person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues of not more than an amount equal to one‑fifth of the maximum penalty prescribed for that offence; and\n\t(b)\tif the act or omission continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continues after that conviction, of not more than an amount equal to one‑fifth of the maximum penalty prescribed for that offence.\n\t(2)\tFor the purposes of this section, an obligation to do something is to be regarded as continuing until the act is done despite the fact that any period within which, or time before which, the act is required to be done has expired or passed.\n58—General defence\nIt is a defence to a charge of an offence against this Act if the defendant proves that the offence did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n59—Incorporation of codes and standards\n\t(1)\tA notice given by the Minister, or a regulation made, under this Act may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tapply, adopt or incorporate, with or without modification, any code, standard or other document prepared or approved by a body or authority referred to in the notice or regulation as in force from time to time or as in force at a specified time.\n\t(2)\tIf a code, standard or other document is applied, adopted or incorporated in a notice or regulation—\n\t(a)\ta copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at the office of the Chief Inspector; and\n\t(b)\tin any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document apparently certified by or on behalf of the Minister as a true copy of the code, standard or other document.\n60—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting subsection (1), the regulations may—\n\t(a)\tfix fees to be paid in respect of a matter under this Act and regulate, or provide for the Minister to regulate, the payment, recovery, waiver or reduction of such fees; and\n\t(b)\texempt, or provide for the Minister to exempt, a class of persons, plants, plant related products or activities from the application of this Act or a specified provision of this Act unconditionally or subject to specified conditions; and\n\t(c)\timpose fines, not exceeding $5 000, for offences against the regulations; and\n\t(d)\tfix expiation fees, not exceeding $315, for alleged offences against the regulations.\n\t(3)\tRegulations under this Act may—\n\t(a)\tbe of general application or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the Chief Inspector; and\n\t(d)\tinclude evidentiary provisions to facilitate proof of contraventions of the regulations for the purposes of proceedings for offences.\n\t(4)\tRegulations under this Act may provide for fees that vary or are determined by the Minister according to factors specified in the regulations.\nSchedule 1—Repeal and transitional provisions\nPart 2—Repeal\n5—Repeal\n\t(1)\tThe Fruit and Plant Protection Act 1992 is repealed.\n\t(2)\tThe Noxious Insects Act 1934 is repealed.\nPart 3—Transitional provisions\n6—Transitional provisions\n\t(1)\tThe person holding appointment as the Chief Inspector, deputy of the Chief Inspector, or inspector, under the repealed Act immediately before the commencement of this Schedule will become, on the commencement of this clause, a person holding the corresponding appointment under this Act.\n\t(2)\tThe notice signed by the Minister on 6 February 2006 (see Gazette 16 February 2006 p552) as varied from time to time and in force immediately before the commencement of this Schedule continues in force and will be taken to be a notice in force under this Act (and the Plant Quarantine Standard South Australia adopted under clause 7.1 of that notice will be taken to be adopted in the notice under section 59 of this Act).\n\t(3)\tA declaration under section 4 of the repealed Act in operation immediately before the commencement of this Schedule that a condition of fruit or plants is a disease will be taken to be a declaration of a pest under section 4 of this Act.\n\t(4)\tA declaration under section 5 of the repealed Act in operation immediately before the commencement of this Schedule that a place is a quarantine station will be taken to be a declaration that a place is a quarantine station under section 5 of this Act.\n\t(5)\tA notice under section 13 of the repealed Act in force immediately before the commencement of this Schedule prohibiting the introduction or importation into the State of any specified class of fruit, plant, soil, packaging or other thing will be taken to be a notice prohibiting the bringing or introduction into the State of a specified class of plant or plant related product under section 7 of this Act.\n\t(6)\tA declaration under section 14 of the repealed Act in operation immediately before the commencement of this Schedule that a place is a quarantine area will be taken to be a declaration that a place is a quarantine area under section 8 of this Act.\n\t(7)\tA declaration under section 18 of the repealed Act in operation immediately before the commencement of this Schedule will be taken to be a declaration under section 15 of this Act.\n\t(8)\tA notice incorporating a code, standard or other document under section 29 of the repealed Act in force immediately before the commencement of this Schedule will be taken to be a notice in force under this Act incorporating a code, standard or other document under section 59 of this Act.\n\t(9)\tIn this clause—\nrepealed Act means the Fruit and Plant Protection Act 1992 repealed under Part 2 of this Schedule.\n7—Regulations\n\t(1)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act.\n\t(2)\tA provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day.\n\t(3)\tTo the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\n\t(4)\tThe Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule, apply to any amendment or repeal effected by this Schedule.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Plant Health Act 2009 amended the following:\nCitrus Industry Act 2005\nPhylloxera and Grape Industry Act 1995\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2009\n2\nPlant Health Act 2009\n12.2.2009\n1.8.2009 (Gazette 30.7.2009 p3437)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 115 (ss 268 & 269)—1.2.2010 (Gazette 28.1.2010 p320)\n2013\n16\nStatutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 40 (s 86)—17.6.2013 (Gazette 6.6.2013 p2498)\n2017\n7\nStatutes Amendment and Repeal (Simplify) Act 2017\n15.3.2017\nPt 24 (ss 95 & 96)—15.3.2017: s 2(1)\n2017\n51\nStatutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 36 (ss 199 to 201)—14.12.2017 (Gazette 12.12.2017 p4960)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n1.2.2010\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.2.2010\nPt 4\n\n\ns 21\n\n\ns 21(1)\namended by 7/2017 s 95\n15.3.2017\ns 29\n\n\ns 29(1)\namended by 7/2017 s 96\n15.3.2017\nPt 4 Div 5\n\n\nheading\nsubstituted by 51/2017 s 199\n14.12.2017\ns 36\nsubstituted by 51/2017 s 200\n14.12.2017\nPt 5\n\n\ns 54\n\n\ns 54(2)\nsubstituted by 16/2013 s 86\n17.6.2013\ns 54(3)—(6)\ninserted by 16/2013 s 86\n17.6.2013\ns 46\ndeleted by 84/2009 s 268\n1.2.2010\nPt 6\n\n\ns 49\n\n\ns 49(1)\namended by 84/2009 s 269\n1.2.2010\nSch 1\n\n\nPt 1\nomitted under Legislation Revision and Publication Act 2002\n1.2.2010\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (SACAT No 2) Act 2017\n201—Transitional provisions\n\t(1)\tA right of appeal under section 36 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court.\n\t(2)\tNothing in this section affects any proceedings before the District Court commenced before the relevant day.\n\t(3)\tIn this section—\nprincipal Act means the Plant Health Act 2009;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\n1.2.2010\n\n17.6.2013\n\n15.3.2017\n\n","sortOrder":0}],"analysis":{"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. The URL provided returned a Page Not Found error from the SA legislation website, likely due to a broken hyperlink following a website update on 24 March 2026."},"complexity_factors":["No legislative content was returned — only a website error page","Complexity cannot be meaningfully assessed without the actual text","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Plant Health Act 2009 (SA)** could not be retrieved. The link provided returned a **404 Page Not Found error** from the South Australian legislation website, meaning the specific legislation content was not accessible.\n\n**What we do know from the title alone:**\n- This is a **South Australian** law dealing with **plant health**\n- Laws of this type typically regulate the control of plant diseases, pests, and biosecurity threats affecting agricultural and horticultural industries\n- They commonly affect **farmers, horticulturalists, nurseries, importers of plant material, and landowners**\n\n**If you need the actual legislation**, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for \"Plant Health Act 2009\" directly, or contact the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act replaces and consolidates the Fruit and Plant Protection Act 1992 and the Noxious Insects Act 1934 (Sch 1 Pt 2, cl 5) while preserving existing declarations, quarantine notices and standards by transitional savings (Sch 1 Pt 3, cl 6(2)–(8)). The core regulatory scope—preventing pest introduction and controlling spread via declarations, quarantines, orders, accreditation and inspection—remains, though the framework centralises powers and modernises enforcement and administrative procedures."},"complexity_factors":["Wide ministerial discretion to declare pests, plant related products, quarantine stations and areas and to prohibit introductions or grant exemptions (ss 4, 5, 7, 8, 15).","Detailed accreditation and registration regimes with conditions, periodic fees, audits and review mechanisms (Part 4 Divs 2–3: ss 16–33; s 21).","Broad enforcement powers for inspectors including entry, search, use of reasonable force, seizure, treatment or destruction of goods, and directions to persons (s 43(1), (2), (4)).","Emergency powers allowing inspectors to act immediately without prior orders (s 10) and streamlined warrant procedures (s 47).","Significant civil and criminal penalties and continuing offence provisions that impose daily penalties where breaches persist (ss 6, 7, 8, 9, 57).","Obligations to report pest‑affected material and presumptions about knowledge for commercial growers (s 6(1), 6(4)), increasing compliance and information burdens on industry.","Delegation and incorporation powers enabling the Minister to delegate functions and to adopt external codes or standards by reference (ss 49, 59, 60), which complicate legal sources and compliance lines.","Approved auditor regime with contractual audit agreements and mandatory reporting duties (ss 37–38), creating third‑party enforcement and cost allocation through audit fees (s 37(4)(d)).","Vicarious and corporate liability rules that extend responsibility to directors and governing body members in specified circumstances (s 54).","Transitional and repeal provisions carry over prior declarations and notices from the repealed Acts, producing continuity but requiring cross‑reference to older instruments (Schedule 1, cl 5–6)."],"plain_english_summary":"This law sets out how plant pests and related products are regulated in South Australia: the Minister can declare pests, quarantine stations and areas, prohibit or condition movement, and run accreditation and importer registration schemes. Inspectors and approved auditors enforce rules (entry, seizure, treatment, certificates), with penalties and fees for non‑compliance. It affects growers, importers, sellers, transporters, property owners and accredited businesses who must report pests, comply with orders, keep records, pay fees and face inspection, fines or compensation claims."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in the long title: protection of plants from pests, regulation of plant movement, and control of pests. While it introduces modern administrative mechanisms (accreditation schemes, auditor systems) not present in the repealed 1934 and 1992 Acts, these are procedural innovations serving the same substantive purpose rather than scope creep."},"complexity_factors":["Multiple overlapping regulatory schemes: quarantine areas, accreditation of persons, registration of importers, and approved auditors operate in parallel with distinct compliance requirements","Extensive delegated legislation: the Act repeatedly defers key operational details to regulations, Ministerial notices, and incorporated codes/standards (sections 4, 5, 7, 8, 12, 13, 14, 59, 60)","Nested conditional logic: section 54 (vicarious liability) creates a three-tier liability structure for corporate officers with different fault elements and explicit carve-outs for specific offences","Dual penalty structures: many offences distinguish between body corporate and natural person penalties, with additional distinctions for 'minor offences' (sections 7, 8)","Cross-referencing between Parts: accreditation conditions in Division 2 are referenced throughout enforcement provisions, and the definition of 'pest' points forward to section 4","Transitional provisions preserving pre-existing declarations and appointments under repealed legislation (Schedule 1, clause 6)","Warrant procedures with alternative urgent pathways (fax/telephone) requiring specific evidentiary steps (section 47)","Review mechanisms involving both Ministerial review and Tribunal appeals with specific time limits (sections 35-36)"],"plain_english_summary":"**What this law does:**\n\nThe *Plant Health Act 2009* (South Australia) is designed to protect the state's plants, crops, and vegetation from pests and diseases. It gives the government broad powers to prevent, detect, and control outbreaks that could damage agriculture, horticulture, and natural ecosystems.\n\n**Who it affects:**\n\n- **Farmers, growers, and nursery operators** – must report suspected pests, comply with quarantine rules, and meet packaging/labeling standards.\n- **Importers and commercial traders** – must register with the government and lodge manifests before bringing plants or related products into South Australia.\n- **Accredited certifiers** – private businesses or individuals approved to issue \"assurance certificates\" verifying that plants meet health standards.\n- **The general public** – anyone who moves plants or garden materials across borders, or even within quarantine areas, may be affected.\n\n**Key things the law does:**\n\n- **Mandatory reporting:** Anyone who knows or suspects a plant is infested with pests must immediately tell an inspector and try to stop the spread.\n- **Quarantine powers:** The Minister can declare quarantine areas, ban movement of plants, order destruction of infected materials, and stop vehicles entering or leaving affected zones.\n- **Import controls:** Commercial importers must register and provide detailed manifests. Bringing pest-affected plants into the state is prohibited.\n- **Accreditation scheme:** Private operators can become accredited to certify that plants are pest-free, but face strict conditions, audits, and penalties for non-compliance.\n- **Inspector powers:** Authorised officers can enter properties (with or without warrants), seize plants, take samples, issue orders, and demand documents.\n- **Emergency powers:** In urgent situations, inspectors can act immediately without prior notice to contain outbreaks.\n\n**Why it matters:**\n\nSouth Australia's agriculture and wine industries are economically vital and geographically vulnerable. This law creates a defensive barrier against invasive species, diseases, and pests that could devastate crops. It balances heavy enforcement powers (including property entry and destruction orders) with administrative schemes that allow industry self-regulation through accredited certifiers."}},"importantCases":[],"_links":{"self":"/api/acts/plant-health-act-2009","history":"/api/acts/plant-health-act-2009/history","analysis":"/api/acts/plant-health-act-2009/analysis","conflicts":"/api/acts/plant-health-act-2009/conflicts","importantCases":"/api/acts/plant-health-act-2009/important-cases","documents":"/api/acts/plant-health-act-2009/documents"}}