8Importation of prescribed material

8 Importation of prescribed material

S. 8(1) substituted by No. 71/2014 s. 39(1).

(1) A person must not import, introduce or bring into Victoria from a prescribed State or Territory or a prescribed part of a State or Territory any prescribed material unless the person complies with the applicable requirements of subsection (1C).

S. 8(1A) inserted by No. 71/2014 s. 39(1).

(1A) A person must not introduce or bring prescribed material into any part of Victoria from a restricted area unless the person complies with the applicable requirements of subsection (1C).

S. 8(1B) inserted by No. 71/2014 s. 39(1).

(1B) A person must not cause or permit any of the things in subsection (1) or (1A) to be done unless the person complies with the applicable requirements of subsection (1C).

S. 8(1C) inserted by No. 71/2014 s. 39(1), substituted by No. 40/2019 s. 80.

(1C) For the purposes of subsections (1), (1A) and (1B), the requirements are that the person—

(a) must ensure that the prescribed material—

(i) meets the prescribed condition requirements; or

S. 8(1C)(a)(ii) substituted by No. 22/2022 s. 146.

(ii) has been tested or treated in accordance with the requirements prescribed in the regulations; or

S. 8(1C)(a)(iii) inserted by No. 22/2022 s. 146.

(iii) meets the requirements (if any) determined by the Secretary and published on a website maintained by the Department; and

(b) if required by the regulations—

(i) has sent to the Secretary or a person authorised under a compliance agreement made under section 47 and has in the person's possession at the time that the prescribed material is delivered to a person in Victoria a copy of—

(A) an assurance certificate; or

(B) a plant health certificate; or

(C) a plant health declaration; or

(ii) presents the prescribed material for inspection, examination and treatment at a prescribed place or a place nominated by an inspector.

S. 8(2) amended by No. 71/2014 s. 39(2).

(2) A person must not knowingly, recklessly or negligently do any of the things in subsection (1), (1A) or (1B) unless the requirements under subsection (1C) have been satisfied.

1. In the case of a natural person, 60 penalty units;

I n the case of a body corporate, 240 penalty units.