sec.4Meaning of trade

sec.4 Meaning of trade

A person uses a protected plant for trade if the person— uses the plant for gain or reward (a commercial purpose ); or uses the plant for a purpose related to a commercial purpose; or otherwise buys, exchanges, gives away, obtains or sells the plant for benefit, gain or reward. a landscape contractor using a protected plant in a landscaping job a nursery owner using a whole protected plant to produce other whole plants for potential sale a plant hobbyist selling at a flea market the progeny of a whole protected plant the hobbyist has propagated at their home a person using seed to propagate a whole protected plant for sale Without limiting subsection (1) (a) , a person uses a plant for a commercial purpose if the person— takes or uses the plant— as part of a business; or for a home-based business, home occupation, or similar business, under a local law or a planning scheme under the Planning Act 2016 ; or buys or sells the plant and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the plant; or takes or uses the plant while carrying on a business that involves buying or selling plants of the same species; or brings the plant, or has the plant brought, into the State for the main purpose of selling the plant. However, a person does not use a protected plant for trade if the person uses the plant for the person’s own personal use. See also sections 41 (3) and 42 (2) . (sec.4-ssec.1) A person uses a protected plant for trade if the person— uses the plant for gain or reward (a commercial purpose ); or uses the plant for a purpose related to a commercial purpose; or otherwise buys, exchanges, gives away, obtains or sells the plant for benefit, gain or reward. a landscape contractor using a protected plant in a landscaping job a nursery owner using a whole protected plant to produce other whole plants for potential sale a plant hobbyist selling at a flea market the progeny of a whole protected plant the hobbyist has propagated at their home a person using seed to propagate a whole protected plant for sale (sec.4-ssec.2) Without limiting subsection (1) (a) , a person uses a plant for a commercial purpose if the person— takes or uses the plant— as part of a business; or for a home-based business, home occupation, or similar business, under a local law or a planning scheme under the Planning Act 2016 ; or buys or sells the plant and income tax is payable under a law of the Commonwealth for the proceeds from any sale of the plant; or takes or uses the plant while carrying on a business that involves buying or selling plants of the same species; or brings the plant, or has the plant brought, into the State for the main purpose of selling the plant. (sec.4-ssec.3) However, a person does not use a protected plant for trade if the person uses the plant for the person’s own personal use.

• (a) uses the plant for gain or reward (a commercial purpose ); or