47Compliance agreements

47 Compliance agreements

(1) The Secretary, on behalf of the Crown, may enter into a compliance agreement with a person in connection with the application of particular procedures under this Act in respect of any plant, plant product, used package, used equipment or earth material for the monitoring or control of any pest or disease in accordance with the agreement.

(2) The terms and conditions of a compliance agreement must be in accordance with this section.

(3) A compliance agreement may provide that in the circumstances stated in the agreement, the Secretary may, by written notice given to a party to the agreement other than the Crown, cancel the agreement or suspend its operation for a period, or until the happening of an event, stated in the notice.

(4) An inspector may release any plant, plant product, used package, used equipment or earth material to which a compliance agreement applies from seizure or detention under this Act on the basis of a certificate or assurance, given by a person authorised under the agreement to give such a certificate or assurance, that all procedures under this Act to which the agreement refers have been complied with in respect of the plants, plant products, used package, used equipment or earth material.

S. 47(5) amended by No. 1/2024 s. 76.

(5) A party to a compliance agreement must take reasonable steps to ensure that any requirements imposed on that party under the agreement are complied with.

1. 600 penalty units.

(6) A party to a compliance agreement, other than the Crown, must pay the charges set out in the agreement for the preparation of the agreement and for taking reasonable steps to ensure that it complies with the agreement.

S. 47A inserted by No. 22/2022 s. 156.