8‑28 Removal or defacement of official m8‑28 Removal or defacement of official marks

8‑28 Removal or defacement of official marks

Official marks (other than Australia Approved official mark) (1) If an official mark (other than an Australia Approved official mark) has been applied to a package in which plants or plant products are packed, the official mark must be removed or defaced if it is no longer intended: (a) to export the plants or plant products; or (b) to export the plants or plant products in that package. Foreign country identification official marks and European Union official marks (2) If a foreign country identification official mark or a European Union official mark has been applied to plants or plant products, the official mark must be removed or defaced if the circumstances in which that mark may be applied to the plants or plant products, as specified by the relevant importing country authority, no longer exist. Persons who may remove or deface official mark (3) If an official mark has been applied to plants or plant products and the official mark is required to be removed or defaced under subsection (1) or (2), the official mark must be removed or defaced by: (a) an authorised officer or a person acting in accordance with a direction given by an authorised officer; or (b) the exporter of the plants or plant products; or (c) if the official mark was applied to the plants or plant products at an accredited property—the manager of the accredited property; or (d) if the official mark was applied to the plants or plant products at a registered establishment—the occupier of the registered establishment; or (e) a person to whom the Secretary has given a written approval to remove or deface the official mark, if the official mark is removed or defaced in accordance with the approval.

Note: A person may commit an offence or be liable to a civil penalty if the person engages in conduct that contravenes a provision in this Division (see section 258 of the Act).