Section 36 - Plant Biosecurity Act 2010 - Border security

36 Border security

S. 36(1) amended by No. 22/2022 s. 154.

(1) If the Minister reasonably suspects an exotic disease or pest exists within Australia (whether or not it exists in Victoria), the Minister may by order prohibit absolutely, restrict, or impose conditions upon, the entry or importation into Victoria of any plant, plant product, plant vector, used equipment, used package, earth material or beehive.

(2) Without limiting subsection (1), an order—

(a) may prohibit or restrict the entry or importation into Victoria of any plant, plant product, plant vector, used equipment, used package, earth material or beehive from a State or Territory, or part of a State or Territory, that the Secretary reasonably suspects is affected by an exotic disease or pest;

(b) may specify tests or treatment to be applied to any kind of plant, plant product, plant vector, used equipment, used package, earth material or beehive;

(c) may require the plant, plant product, plant vector, used equipment, used package, earth material or beehive referred to in the order to be accompanied by a plant health certificate, assurance certificate or a plant health declaration that complies with section 37.

(3) Without limiting subsection (1), an order may, in relation to a requirement for a plant health declaration under subsection (2)(c), limit or restrict the circumstances in which a plant health declaration may be issued by reference to all or any of the following—

(a) the plant, plant product, plant vector, used equipment, used package, earth material or beehive or class of plant, plant product, plant vector, used equipment, used package, earth material or beehive;

(b) the area or the class of area in which the plant, plant product, plant vector, used equipment, used package, earth material or beehive was grown, produced or packed or from which it was consigned, having regard to the pest and disease status of that area;

36Border security

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