Plant Health Act 2009 (South Australia)

Mechanically, the Plant Health Act 2009 sets out a statutory framework for the identification of pests, the declaration of quarantine stations and areas, compulsory reporting and control measures, powers for inspectors and approved auditors, an accreditation regime for persons and production areas, a registration regime for importers, packaging and manifest requirements, and penalties for non‑compliance. The Act authorises the Minister to make a range of notices (including declarations of pests under s 4 and of quarantine stations under s 5), to declare quarantine areas and prohibit movement (s 8), to prohibit bringing into the State specified classes of plants or plant related products (s 7), and to maintain a register of accredited production areas, accredited persons and registered importers (s 34). Inspectors and a Chief Inspector are appointed (ss 40-41), with detailed search, seizure, testing and enforcement powers (s 43), and inspectors may issue plant health certificates (s 45). The Act also creates offences and sets maximum penalties for breaches (see, for example, ss 6(1), 7(7), 8(4), 11(1), 25) and enables the Minister to approve auditors and enter into audit agreements (s 37).

The long title states the Act’s purpose as providing for protection of plants from pests, regulating movement of plants into, within and out of South Australia, and controlling, destroying and suppressing pests, and it repeals the Fruit and Plant Protection Act 1992 and the Noxious Insects Act 1934. That statement of purpose in the long title is echoed in the Act’s operation: it centralises decision‑making in the Minister and the Chief Inspector (see s 9 for orders and s 45 for plant health certificates) and creates administrative mechanisms to manage plant movement (manifest and registration requirements in ss 14, 26-33) and to certify consignments (accreditation and assurance certificates in Part 4 Div 2).

South Australia Plant Health Act 2009 An Act to provide for the protection of plants from pests, the regulation of the movement of plants into, within and out of the State, and the control, destruction and suppression of pests; to repeal the Fruit and Plant Protection Act 1992 and the Noxious Insects Act 1934; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Pests and plant related products 5 Quarantine stations Part 2—Protection of plant health Division 1—Reporting of pest affected plants and plant related products and noxious insects 6 Reporting of pest affected plants and plant related products and noxious insects Division 2—Control and prevention 7 Prohibition on introducing pest affected plants or plant related products 8 Quarantine areas 9 Orders relating to pest affected plants or plant related products 10 Action in emergency situations 11 Prohibition on sale of pest affected plants or plant related products Part 3—Packaging, identifying and transporting plants and plant related products Division 1—Packaging and labelling of fruits, vegetables and nuts 12 Packaging and labelling of fruit, vegetables and nuts for sale 13 Identification of plants sold for propagation Division 2—Manifests 14 Manifests Part 4—Accreditation and registration schemes Division 1—Accreditation of production areas 15 Accreditation of production areas Division 2—Accreditation of persons 16 Application for accreditation 17 Grant of accreditation 18 Authority conferred by accreditation 19 Assurance certificates and evidence of verification 20 Conditions of accreditation 21 Periodic fees and returns 22 Variation of accreditation 23 Surrender of accreditation 24 Suspension or cancellation of accreditation 25 Offences Division 3—Registration of importers 26 Application for registration 27 Grant of registration 28 Conditions of registration 29 Periodic fees and returns 30 Variation of registration 31 Surrender of registration 32 Suspension or cancellation of registration 33 Offence Division 4—Register 34 Register Division 5—Reviews 35 Review by Minister 36 Review by Tribunal Part 5—Enforcement Division 1—Approved auditors 37 Approved auditors 38 Duty of auditor to report certain matters 39 Offence to hinder or obstruct auditor Division 2—Inspectors Subdivision 1—Appointment and identification 40 Appointment of Chief Inspector and deputy 41 Appointment of inspectors 42 Identification of inspectors Subdivision 2—Powers 43 General powers 44 Power to investigate 45 Power to issue plant health certificates Subdivision 3—Miscellaneous 47 Warrant procedures 48 Offence to hinder etc inspectors Part 6—Miscellaneous 49 Delegation 50 Compensation 51 False or misleading statements 52 Self‑incrimination 53 Service of notices and orders 54 Vicarious liability 55 Evidence 56 Commencement of prosecution of offences 57 Continuing offences 58 General defence 59 Incorporation of codes and standards 60 Regulations Schedule 1—Repeal and transitional provisions Part 2—Repeal 5 Repeal Part 3—Transitional provisions 6 Transitional provisions 7 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Plant Health Act 2009. 3—Interpretation (1) In this Act, unless the contrary intention appears— accreditation conditions—see section 20; accredited person means a person accredited under Part 4 Division 2; approved auditor means a person approved to be an auditor under Part 5 Division 1; assurance certificate means— (a) an assurance certificate issued by an accredited person under Part 4 Division 2; or (b) a certificate corresponding to an assurance certificate issued under a corresponding law; Chief Inspector means the Chief Inspector appointed under Part 5 Division 2; corresponding law means a law of another State declared by the regulations to be a law that corresponds to this Act; disease means a bacterium, fungus, protozoa, phytoplasma, virus or any other organism or pathogen; importer means a person who brings or introduces plants or plant related products into the State for the purposes of sale or any other commercial purpose; inspector means an inspector appointed under Part 5 Division 2; label includes a ticket, manifest, cartnote, stamp, tag or sticker; noxious insect means any species of migratory or gregarious grasshopper; packaging includes the whole or any part of a package, container, crate, covering, packing or material of any description that is being or has been used to cover or contain a plant or plant related product; pest—see section 4; place includes any land, road or premises; plant means— (a) the whole or any part of a tree, vine, flower, shrub, vegetable or other vegetation; and (b) the whole or any part of the fruit or nut of a tree, vine or shrub; and (c) any material used for the propagation of a tree, vine, flower, shrub, vegetable or other vegetation, whether alive or dead (including timber that has been sawn or dressed); plant health certificate means— (a) a plant health certificate issued by an inspector under Part 5 Division 2; or (b) a certificate corresponding to a plant health certificate issued under a corresponding law; plant related product means— (a) soil, potting mix, packaging, agricultural machinery or equipment; and (b) any other material or item declared by the Minister under section 4 to be a plant related product; premises means any land, building or structure (including a moveable building or structure); quarantine station means a place declared by the Minister under section 5 to be a quarantine station; registered importer means an importer registered under Part 4 Division 3; sell includes possess, offer, display or consign for sale; soil does not include clean sand; State includes a Territory; vehicle includes an aircraft, a train or a vessel. (2) For the purposes of this Act— (a) soil or potting mix will be taken to be affected by a pest if a plant affected by a pest has been growing in the soil or potting mix; (b) a plant related product (other than soil or potting mix) will be taken to be affected by a pest if the product has been used to contain or cover, or has been in contact with, a plant, soil or potting mix affected by a pest. 4—Pests and plant related products (1) The Minister may, by notice in the Gazette, declare— (a) a disease; or (b) an insect, a mite or other arthropod, a snail, slug or nematode; or (c) any other organism; or (d) any other condition, that affects or may affect a plant or plant related product to be a pest for the purposes of this Act. (2) The Minister may, by notice in the Gazette, declare material or an item to be a plant related product for the purposes of this Act. (3) The Minister may, by notice in the Gazette, vary or revoke a notice under this section. 5—Quarantine stations (1) The Minister may, by notice in the Gazette, declare a place to be a quarantine station in which a plant or plant related product may, subject to this Act, be held, examined, disinfected, treated, destroyed or otherwise disposed of. (2) The Minister may, by notice in the Gazette, vary or revoke a notice under this section. Part 2—Protection of plant health Division 1—Reporting of pest affected plants and plant related products and noxious insects 6—Reporting of pest affected plants and plant related products and noxious insects (1) A person who knows or has reason to suspect that a plant or plant related product is affected by a pest must— (a) immediately report the matter to an inspector by the quickest practicable means; and (b) provide the inspector with such further information as the inspector may reasonably require; and (c) take all reasonable measures to prevent the spread of the pest. Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of a natural person—$20 000. (2) A person who knows or has reason to suspect that noxious insects have appeared on premises (whether or not occupied by the person) must immediately report the matter to an inspector by the quickest practicable means. Maximum penalty: $1 250. Expiation fee: $160. (3) A report is not required under this section with respect to a particular matter if the person knows or reasonably believes that the matter has already been reported to an inspector. (4) A person who grows, propagates or processes plants or plant related products for profit or gain will, if the plants or plant related products are affected by a pest, be taken to know or have reason to suspect that the plants or plant related products are so affected in the absence of proof to the contrary. Division 2—Control and prevention 7—Prohibition on introducing pest affected plants or plant related products (1) Subject to this section, a person must not bring or introduce into the State a pest or a plant, or plant related product, affected by a pest. (2) The Minister may, for the purpose of preventing the introduction into, or spread within, the State of a pest, prohibit, by notice in the Gazette, the bringing or introduction into the State of a specified class of plant or plant related product (either absolutely or subject to conditions). (3) The Minister may, by notice in the Gazette, vary or revoke a notice under subsection (2). (4) The Minister may, for the purposes of furthering agricultural interests, scientific research or the biological control of a pest, by notice in writing, exempt a person from complying with this section subject to conditions set out in the notice. (5) The Minister must consult widely with, and take into account the advice of, members of the agricultural and scientific communities before taking action under subsection (4). (6) The Minister may, by further notice in writing, vary or revoke a notice under subsection (4). (7) A person— (a) who contravenes or fails to comply with this section or a notice under this section; or (b) who purchases or takes delivery of anything brought or introduced into the State in contravention of this section or a notice under this section, is guilty of an offence. Maximum penalty: (a) in the case of a minor offence—$5 000; (b) in any other case— (i) in the case of a body corporate—$100 000; (ii) in the case of a natural person—$20 000. Expiation fee: In the case of a minor offence—$315. (8) In this section— minor offence means an offence that consists of a person bringing or introducing anything into the State, or purchasing or taking delivery of anything brought or introduced into the State, for domestic use, consumption or enjoyment (and not for the purposes of sale or any other commercial purpose). 8—Quarantine areas (1) The Minister may, by notice in the Gazette, declare the whole of the State, or a portion of the State specified in the notice, to be a quarantine area— (a) in respect of all pests; or (b) in respect of those pests specified in the notice. (2) A notice under this section may do 1 or more of the following: (a) prohibit the removal from a quarantine area of— (i) a plant of a species or kind specified in the notice that might, in the opinion of the Minister, transmit a pest; and (ii) a plant related product of a kind specified in the notice that might, in the opinion of the Minister, transmit a pest; (b) require the owners or occupiers of premises within the quarantine area to take measures (including the destruction of plants and plant related products), specified in the notice, that are, in the opinion of the Minister, necessary for the control or eradication of a pest; (c) require the owners or occupiers of premises within specified portions of the quarantine area to take more stringent measures (including the destruction of plants and plant related products), specified in the notice, than the owners or occupiers of other premises within the quarantine area; (d) prohibit absolutely or subject to exceptions and conditions specified in the notice persons, vehicles, machinery or equipment entering or departing from the quarantine area or a specified portion of the quarantine area; (e) prohibit absolutely or subject to exceptions and conditions specified in the notice the bringing or introducing into the quarantine area of— (i) a plant of a species or kind specified in the notice; and (ii) any plant related product of a kind specified in the notice; (f) prohibit the planting, propagation or harvesting of plants, or plants of a specified species or kind, within the quarantine area during a period specified in the notice. (3) The Minister may, by notice in the Gazette, vary or revoke a notice under this section. (4) A person— (a) who contravenes or fails to comply with a notice under this section; or (b) who purchases or takes delivery of anything brought or introduced into a quarantine area in contravention of a notice under this section, is guilty of an offence. Maximum penalty: (a) in the case of a minor offence—$5 000; (b) in any other case— (i) in the case of a body corporate—$100 000; (ii) in the case of a natural person—$20 000. Expiation fee: In the case of a minor offence—$315. (5) In this section— minor offence means an offence that consists of— (a) a person bringing or introducing anything into, or removing anything from, a quarantine area for domestic use, consumption or enjoyment (and not for the purposes of sale or any other commercial purpose); or (b) a person purchasing or taking delivery of anything brought or introduced into, or removed from, a quarantine area for domestic use, consumption or enjoyment (and not for the purposes of sale or any other commercial purpose). 9—Orders relating to pest affected plants or plant related products (1) If the Chief Inspector knows or reasonably suspects that a plant or plant related product is or might become affected by a pest, he or she may, with the approval of the Minister, issue such orders under this section as may be reasonably necessary to prevent or minimise the outbreak or spread of the pest to any of the following persons: (a) a person who owns or has possession or control of the plant or plant related product; (b) a person who sold or supplied the plant or plant related product; (c) an owner or occupier of premises in the area specified in the order. (2) The Chief Inspector may issue 1 or more of the following orders in relation to any plant or plant related product that is or might become affected by a pest: (a) an order requiring that it be kept at a specified place for a specified period or otherwise restricting or prohibiting its movement; (b) an order requiring that it be subjected to specified treatment; (c) an order requiring that it be subjected to examinations or tests at specified intervals or that other specified action be taken for the purposes of determining the presence of a pest; (d) an order restricting or prohibiting its sale or supply or restricting the purposes for which it may be used; (e) if it has been sold or supplied—an order requiring that it be recalled; (f) an order requiring that it be destroyed or disposed of in a specified manner; (g) an order prohibiting the planting, propagation or harvesting of plants, or plants of a specified species or kind, on specified land during a specified period; (h) an order requiring any other action be taken as may be reasonably necessary in the circumstances. (3) An order issued under this section may be subject to such conditions as the Chief Inspector specifies in the order. (4) If the Chief Inspector cannot, after reasonable inquiry, locate a person of whom the Chief Inspector intended to make any requirement for action by an order, the Chief Inspector may— (a) cause the action to be taken by an inspector or other person; and (b) recover costs and expenses reasonably incurred under this subsection by action in a court of competent jurisdiction as a debt owed by the owner of the plant or plant related product in respect of which action was taken by the inspector or other person. (5) An order under this section— (a) must be in writing; and (b) may be of general or limited application; and (c) may, by further order of the Chief Inspector, be varied or revoked. (6) An order that is of a continuing nature has effect for such period as is specified in the order (and, if an order of such a nature is issued on the basis of a suspicion, the Chief Inspector must, as soon as practicable, take reasonable steps to determine whether that suspicion is correct). (7) If a person refuses or fails to comply with an order, the Chief Inspector may cause an inspector or other person to take any necessary action to give effect to the order. (8) The Chief Inspector may recover costs and expenses reasonably incurred under subsection (7) by action in a court of competent jurisdiction as a debt owed by the person to whom the order was issued. (9) A person to whom an order has been issued under this section who contravenes or fails to comply with the order is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of a natural person—$20 000. 10—Action in emergency situations (1) If an inspector considers on reasonable grounds that urgent action is required for the purposes of controlling, preventing the spread of, or eradicating, a pest, the inspector may, after giving such notice (if any) as may be reasonable in the circumstances, take any action that could be required to be taken by notice or order under this Part, or cause such action to be taken. (2) Action may be taken or caused to be taken under this section whether or not an order or notice has been issued in relation to the pest under this Part. 11—Prohibition on sale of pest affected plants or plant related products (1) A person must not, without the approval of the Chief Inspector, sell or supply— (a) a plant or plant related product affected by a pest; or (b) a plant or plant related product subject to an order under this Part. Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of a natural person—$20 000. (2) The owner of premises in relation to which an order is in force under this Part must notify the Chief Inspector of any intended sale of the premises or part of the premises at least 28 days before the date of settlement. Maximum penalty: $5 000. Expiation fee: $315. (3) If a person is guilty of an offence against this section, a court may (in addition to any other penalty that may be imposed) order the person to pay to the person to whom the plant or plant related product was sold or supplied such compensation as the court thinks fit. Part 3—Packaging, identifying and transporting plants and plant related products Division 1—Packaging and labelling of fruits, vegetables and nuts 12—Packaging and labelling of fruit, vegetables and nuts for sale (1) A person must not pack for sale or sell any fruit, vegetables or nuts in packaging unless the packaging— (a) is in good repair; and (b) is clean and free of extraneous visible matter; and (c) is free of any objectionable odour; and (d) is labelled in accordance with the regulations. Maximum penalty: $5 000. Expiation fee: $315. (2) A person must not pack for sale or sell any fruit, vegetables or nuts in used packaging except in accordance with the regulations (which may prohibit the use of certain used packaging absolutely or subject to conditions). Maximum penalty: $5 000. Expiation fee: $315. 13—Identification of plants sold for propagation A person must not sell any prescribed plant for propagation unless it is accompanied by a label or other notice in writing containing the information prescribed by the regulations. Maximum penalty: $5 000. Expiation fee: $315. Division 2—Manifests 14—Manifests (1) A person must not bring or introduce into the State plants or plant related products for sale or any other commercial purpose unless, before so doing, a manifest that conforms to the requirements of the Minister about its form, contents and the manner in which it is made has been lodged with the Chief Inspector. Maximum penalty: $5 000. Expiation fee: $315. (2) A person must not tranship, or transport through the State, plants or plant related products for sale in another State unless, before so doing, a manifest that conforms to the requirements of the Minister about its form, contents and the manner in which it is made has been lodged with the Chief Inspector. Maximum penalty: $5 000. Expiation fee: $315. (3) A person referred to in subsection (1) or (2) must, at a quarantine station or on the request of an inspector, produce a copy of the manifest. Maximum penalty: $5 000. Expiation fee: $315. Part 4—Accreditation and registration schemes Division 1—Accreditation of production areas 15—Accreditation of production areas (1) If the Minister is satisfied that, through the exercise of good management by the producers and processors of plants or plant related products in a specified area, the area is free of a specified pest or specified pests, the Minister may, by notice in the Gazette, declare that area to be free of the pest or pests specified in the notice and authorise the use of specified statements in respect of plants or plant related products produced or processed in that area when advertising, packaging or selling those plants or plant related products. (2) The Minister may, by notice in the Gazette, vary or revoke a notice under this section. (3) A person must only use a statement specified in a notice under this section in respect of plants or plant related products produced or processed in the area specified in the notice. Maximum penalty: $20 000. Expiation fee: $500. Division 2—Accreditation of persons 16—Application for accreditation (1) An application for accreditation for the purposes of this Division must be made to the Minister and must— (a) be in the manner and form, and contain the information, required by the Minister; and (b) be accompanied by the fee fixed by the regulations. (2) The Minister may, by written notice, require the applicant— (a) to provide the Minister with further information, documents or records relevant to the application; or (b) to allow an inspector or an approved auditor to inspect premises, facilities, vehicles, plant or equipment, or any other thing, proposed to be used by the applicant in connection with the issuing of certificates under the proposed accreditation. (3) The Minister may refuse the application if the applicant does not comply with such a request. (4) The applicant may, with the approval of the Minister or at the request of the Minister, amend the application before the Minister has finished considering it. 17—Grant of accreditation (1) On application for accreditation, the Minister must grant the accreditation sought by the applicant or another accreditation if satisfied— (a) that the applicant is a suitable person to hold such accreditation; and (b) if the applicant is a body corporate—that each director of the body corporate is a suitable person to be the director of a body corporate that holds such accreditation; and (c) that the applicant satisfies any requirements for accreditation relating to protocols, operational procedures or other matters prescribed by the regulations. (2) For the purposes of determining the suitability of a person under subsection (1), the Minister may, without limitation, take into account— (a) any offence committed by the person against— (i) this Act or an Act repealed by this Act; or (ii) a corresponding law; or (iii) a prescribed Act; or (b) any offence of dishonesty committed by the person. (3) Accreditation may be granted in the form the Minister considers appropriate. 18—Authority conferred by accreditation Accreditation authorises the person named in the accreditation to do either or both of the following: (a) to issue assurance certificates in relation to the movement of a plant or plant related product within the State, into or out of the State, or for another purpose; (b) to verify assurance certificates or other documents, or the packaging or labelling of plants and plant related products, in accordance with the terms and conditions of the accreditation. 19—Assurance certificates and evidence of verification (1) An assurance certificate may be issued in a form approved by the Minister. (2) An assurance certificate issued in respect of a plant or plant related product— (a) grown, produced, processed, packed, used, treated or tested in the State; or (b) to be brought or introduced into the State, may certify that the plant or plant related product complies with specified requirements of this Act or a corresponding law in relation to the control or prevention of the spread of pests. (3) Without limiting the generality of subsection (2), an assurance certificate issued in respect of a plant or plant related product may certify as to any of the following matters: (a) that it is free of any or a specified pest; (b) that it is free of any or a specified pest, disease, pest infestation, infection or condition within the meaning of a corresponding law; (c) that it is in a specified condition; (d) that it is from a specified area; (e) that it has been treated in a specified way or with specified treatments; (f) that it has been transported in a specified manner or via a specified route; (g) that it meets specified requirements; (h) as to any other matter specified in the certificate. (4) Verification of assurance certificates or other documents, or the packaging or labelling of plants and plant related products, may be evidenced in a manner and form approved by the Minister. 20—Conditions of accreditation (1) The Minister may impose conditions on a person's accreditation (accreditation conditions). (2) Without limiting the conditions that may be imposed under subsection (1), the conditions may include the following: (a) a condition restricting the class or type of certificate that may be issued; (b) a condition restricting the activities in respect of which a certificate may be issued; (c) a condition restricting the class or type of assurance certificate or other document that may be verified; (d) a condition restricting the use of the accreditation in some other way; (e) a condition as to the records to be kept by the accredited person; (f) a condition requiring compliance with prescribed protocols and operational procedures; (g) a condition requiring compliance with applicable codes or rules made under this Act as in force from time to time; (h) a condition relating to the audit from time to time of all or part of the operations authorised by the accreditation (including the payment of all or part of the costs of the audit) and the reporting of the results of the audit to the Minister; (i) a condition requiring the accredited person to provide, in the manner and form determined by the Minister, such other information as the Minister may from time to time require; (j) any other condition that the Minister thinks fit. (3) An accredited person must not contravene a condition of the person's accreditation. Maximum penalty: (a) in the case of a contravention of a prescribed condition—$5 000; (b) in any other case— (i) in the case of a body corporate—$100 000; (ii) in the case of a natural person—$20 000. Expiation fee: In the case of a contravention of a prescribed condition—$315. 21—Periodic fees and returns (1) An accredited person must, in each year, on or before the first day of the month following the anniversary of the date on which the person was granted accreditation— (a) pay to the Minister the fee fixed by regulation; and (b) lodge with the Minister a return that conforms to the requirements of the Minister about its form, contents and the manner in which it is made. (2) If an accredited person fails to lodge the return or pay the accreditation fee in accordance with this section, the Minister may, by written notice, require the accredited person to make good the default and, in addition, to pay to the Minister the amount prescribed as a penalty for default. (3) If an accredited person— (a) fails to comply with a notice under subsection (2) within 14 days after the giving of the notice—the accreditation is suspended until the notice is complied with; and (b) fails to comply with any such notice within 3 months after the giving of the notice—the accreditation is cancelled. (4) The Minister must cause written notice of the suspension or cancellation to be given to the person. 22—Variation of accreditation (1) The Minister may vary the terms or conditions of a person's accreditation by written notice to the person as the Minister considers appropriate. (2) The Minister's power under this section may be exercised on the Minister's own initiative or on the application of the accredited person and payment of the prescribed fee. 23—Surrender of accreditation (1) An accredited person may surrender the person's accreditation to the Minister. (2) At the time accreditation to issue assurance certificates is surrendered, the person must also surrender any unissued assurance certificates to the Minister. Maximum penalty: $1 250. Expiation fee: $160. 24—Suspension or cancellation of accreditation (1) The Minister may suspend or cancel the accreditation of an accredited person if— (a) the accredited person obtained the accreditation improperly; or (b) an accredited person— (i) has ceased to undertake the activity authorised by the accreditation; or (ii) has not paid fees or charges payable to the Minister or an approved auditor within the required time; or (iii) has been guilty of a contravention of a condition of the accreditation; or (iv) has committed an offence against this Act; or (v) has been convicted of an indictable offence. (2) A suspension under this section may be for a specified period, or until the fulfilment of specified conditions, or until further order of the Minister. (3) A suspension under this section may— (a) be effective immediately; or (b) be expressed to have effect at a specified future time; or (c) be expressed to have effect at a specified future time unless a specified condition is fulfilled. (4) The Minister must— (a) notify the accredited person in writing of the action taken or proposed to be taken specifying the reasons for the action; and (b) allow the accredited person at least 14 days within which to make submissions to the Minister in relation to the action or proposed action (as the case may be). (5) If the Minister suspends or cancels an accreditation, the person must, within 14 days of the suspension or cancellation, return the accreditation (and, if relevant, any unissued assurance certificates) to the Minister. Maximum penalty: $1 250. Expiation fee: $160. (6) In this section— accredited person includes a person whose accreditation has been suspended. 25—Offences (1) A person must not verify that— (a) an assurance certificate or other document relating to a plant or plant related product required under this Act or a corresponding law; or (b) the packaging or labelling of plants or plant related products, complies with the requirements of this Act or a corresponding law (as the case may be) except as authorised by accreditation granted under this Division. Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of a natural person—$20 000. (2) A person must not issue an assurance certificate in relation to a plant or plant related product except as authorised by accreditation granted under this Division. Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of a natural person—$20 000. (3) A person must not issue anything that purports to be an assurance certificate unless the person is accredited under this Division to do so. Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of a natural person—$20 000. (4) A person must not alter or permit to be altered any information or statement in an assurance certificate unless— (a) the alteration is authorised in writing by the accredited person who issued the certificate; or (b) the alteration— (i) relates to the splitting of a consignment to which the certificate relates; and (ii) is made by an inspector or a person authorised by accreditation granted under this Division to split consignments. Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of a natural person—$20 000. Division 3—Registration of importers 26—Application for registration (1) An application for registration as an importer under this Division must be made to the Minister and must— (a) be in the manner and form, and contain the information, required by the Minister; and (b) be accompanied by the fee fixed by the regulations. (2) The Minister may, by written notice, require the applicant to provide the Minister with further information, documents or records relevant to the application. (3) The Minister may refuse an application if the applicant does not comply with such a request. (4) The applicant may, with the approval of the Minister or at the request of the Minister, amend the application before the Minister has finished considering it. 27—Grant of registration (1) The Minister must grant an application for registration as an importer if satisfied— (a) that the applicant is a suitable person to be so registered; and (b) if the applicant is a body corporate—that each director of the body corporate is a suitable person to be the director of a body corporate that is so registered; and (c) that the applicant satisfies any requirements for registration relating to protocols, operational procedures or other matters prescribed by the regulations. (2) For the purposes of determining the suitability of a person under subsection (1), the Minister may, without limitation, take into account— (a) any offence committed by the person against— (i) this Act or an Act repealed by this Act; or (ii) a corresponding law; or (iii) a prescribed Act; or (b) any offence of dishonesty committed by the person. (3) Registration may be granted in the form the Minister considers appropriate. 28—Conditions of registration (1) The Minister may impose conditions on a person's registration as an importer. (2) Without limiting the conditions that may be imposed under subsection (1), the conditions may include— (a) a condition restricting the type of plant or plant related product that the person may bring or introduce into the State; and (b) a condition as to the records to be kept by the registered importer; and (c) a condition requiring compliance with prescribed protocols and operational procedures; and (d) a condition requiring compliance with applicable codes or rules made under this Act as in force from time to time; and (e) a condition requiring the registered importer to provide, in the manner and form determined by the Minister, such information as the Minister may from time to time require; and (f) any other condition that the Minister thinks fit. (3) A registered importer must not contravene a condition of the importer's registration. Maximum penalty: (a) in the case of a body corporate—$20 000; (b) in the case of a natural person—$5 000. Expiation fee: (a) in the case of a body corporate—$500; (b) in the case of a natural person—$315. 29—Periodic fees and returns (1) A registered importer must, in each year, on or before the first day of the month following the anniversary of the date on which the person was granted registration— (a) pay to the Minister the fee fixed by regulation; and (b) lodge with the Minister a return that conforms to the requirements of the Minister about its form, contents and the manner in which it is made. (2) If a registered importer fails to lodge the return or pay the registration fee in accordance with this section, the Minister may, by written notice, require the registered importer to make good the default and, in addition, to pay to the Minister the amount prescribed as a penalty for default. (3) If a registered importer— (a) fails to comply with a notice under subsection (2) within 14 days after the giving of the notice—the registration is suspended until the notice is complied with; and (b) fails to comply with any such notice within 3 months after the giving of the notice—the registration is cancelled. (4) The Minister must cause written notice of the suspension or cancellation to be given to the importer. 30—Variation of registration (1) The Minister may vary the terms or conditions of an importer's registration by written notice to the importer as the Minister considers appropriate. (2) The Minister's power under this section may be exercised on the Minister's own initiative or on the application of the registered importer and payment of the prescribed fee. 31—Surrender of registration A registered importer may surrender the registration to the Minister. 32—Suspension or cancellation of registration (1) The Minister may suspend or cancel the registration of an importer if— (a) the registration was obtained improperly; or (b) the registered importer— (i) has ceased to undertake the activity authorised by the registration; or (ii) has not paid fees or charges payable to the Minister within the required time; or (iii) has been guilty of a contravention of a condition of the registration; or (iv) has committed an offence against this Act; or (v) has been convicted of an indictable offence. (2) A suspension under this section may be for a specified period, or until the fulfilment of specified conditions, or until further order of the Minister. (3) A suspension under this section may— (a) be effective immediately; or (b) be expressed to have effect at a specified future time; or (c) be expressed to have effect at a specified future time unless a specified condition is fulfilled. (4) The Minister must— (a) notify the registered importer in writing of the action taken or proposed to be taken specifying the reasons for the action; and (b) allow the registered importer at least 14 days within which to make submissions to the Minister in relation to the action or proposed action (as the case may be). (5) If the Minister suspends or cancels a registration, the holder of the registration must, within 14 days of the suspension or cancellation, return the registration to the Minister. Maximum penalty: $1 250. Expiation fee: $160. (6) In this section— registered importer includes an importer whose registration has been suspended. 33—Offence A person must not bring or introduce into the State plants or plant related products for sale or any other commercial purpose except as authorised by registration granted under this Division. Maximum penalty: (a) in the case of a body corporate—$20 000; (b) in the case of a natural person—$5 000. Expiation fee: (a) in the case of a body corporate—$500; (b) in the case of a natural person—$315. Division 4—Register 34—Register (1) The Minister must maintain a register of— (a) production areas accredited under Division 1; and (b) persons accredited under Division 2; and (c) importers registered under Division 3. (2) The register may contain the information and be kept in the form that the Minister considers appropriate. Division 5—Reviews 35—Review by Minister (1) A person may apply to the Minister for review of a decision of the Minister— (a) refusing an application for the grant of accreditation under Division 2; or (b) refusing an application for the grant of registration under Division 3; or (c) imposing or varying conditions of any such accreditation or registration; or (d) suspending or cancelling any such accreditation or registration. (2) An application for review of a decision of the Minister must be made within 28 days after the day on which the person is given written notice of the decision. (3) The Minister may determine an application for review as the Minister thinks fit. (4) A review must be determined within 28 days of the application being lodged with the Minister. (5) If a review is not determined within that period, the Minister is to be taken to have confirmed the decision. 36—Review by Tribunal (1) An applicant for a review by the Minister who is not satisfied with the decision of the Minister on the review may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for a review of the Minister's decision. (2) Subject to subsection (4), an application must be made within 28 days of the making of the Minister's decision. (3) The Minister must, if required by the applicant for the review, state in writing the reasons for the decision. (4) If the reasons of the Minister are not given to the applicant for the review in writing at the time of making the decision and that person (within 28 days of the making of the decision) requires the Minister to state the reasons in writing, the time for commencing proceedings before the Tribunal runs from the time at which that person receives the written statement of those reasons. (5) In this section— Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. Part 5—Enforcement Division 1—Approved auditors 37—Approved auditors (1) The Minister may approve a person as an auditor for the purposes of this Act if the Minister is satisfied that the person can provide satisfactory and efficient audit services for the purposes of this Act and that the services will be provided by suitably qualified persons. (2) An approval is subject to conditions imposed by the Minister. (3) Without limiting subsection (2), the conditions may include the following: (a) a condition requiring the person to enter into an agreement (an audit agreement) with the Minister; (b) a condition limiting the functions or powers of the person; (c) a condition limiting the area of the State in which those functions or powers may be exercised; (d) a condition fixing fees to be paid to the Minister. (4) An audit agreement— (a) must regulate the provision of audit services for the purposes of this Act; and (b) must provide that the agreement terminates if the approval is withdrawn by the Minister; and (c) must set out the requirements relating to audit reports including the content of the reports; and (d) may regulate the charges to be made by the auditor for audit services under this Act (by fixing specific charges or maximum and minimum charges or by setting out a method of calculating charges); and (e) may regulate the withdrawal of audit services for non‑payment of charges; and (f) may provide for the suspension of obligations under the agreement in specified circumstances; and (g) may contain any other provision agreed between the Minister and the person. (5) The Minister and an approved auditor may, by agreement, vary or terminate an audit agreement. (6) The Minister may, by written notice to the approved auditor— (a) impose a further condition of approval; or (b) vary or revoke a condition of approval; or (c) cancel the approval if satisfied that the auditor is in breach of a condition of the approval or a term of the audit agreement between the auditor and the Minister. (7) An approval or audit agreement under this section does not derogate from the right of an inspector to exercise a power under this Act. 38—Duty of auditor to report certain matters If, in the course of conducting an audit in respect of an accredited person, an approved auditor forms a reasonable belief that the accredited person— (a) has engaged or is engaging in conduct that constitutes a breach of a prescribed accreditation condition; or (b) has engaged or is engaging in conduct of a prescribed kind, the auditor must, as soon as reasonably practicable, inform the Minister of the name and address of the accredited person and the details about the facts and circumstances giving rise to the belief. Maximum penalty: $5 000. 39—Offence to hinder or obstruct auditor A person who hinders or obstructs a person performing an audit under this Division is guilty of an offence. Maximum penalty: $5 000. Division 2—Inspectors Subdivision 1—Appointment and identification 40—Appointment of Chief Inspector and deputy (1) The Minister may, by instrument in writing, appoint a person to be the Chief Inspector for the purposes of this Act. (2) The Minister may, by instrument in writing, appoint a person to be the deputy of the Chief Inspector, and a person so appointed has, while acting in the absence of the Chief Inspector, all the powers and functions of the Chief Inspector under this or any other Act. 41—Appointment of inspectors (1) The Minister may, by instrument in writing, appoint persons to be inspectors for the purposes of this Act. (2) An appointment under subsection (1) may be conditional. 42—Identification of inspectors (1) An inspector must be issued with an identity card in a form approved by the Minister— (a) containing a photograph of the person and the person's name or a unique identification code; and (b) stating that the person is an inspector under this Act. (2) An inspector must, at the request of a person in relation to whom the inspector intends to exercise any powers under this Act or any other Act, produce his or her identity card for inspection by the person. (3) If a person in possession of an identity card issued to the person under this section ceases to be an inspector, the person must immediately return the identity card to the Minister. Maximum penalty: $1 250. Subdivision 2—Powers 43—General powers (1) An inspector may— (a) enter and search and, if necessary, use reasonable force to break into or open— (i) any premises or vehicle; or (ii) part of, or anything in or on, any premises or vehicle; and (b) enter premises to carry out an investigation under section 44; and (c) enter premises to— (i) apply, instal, inspect or retrieve a bait, lure, trap or other equipment for the purpose of monitoring, controlling or eradicating a pest; or (ii) carry out any other work or operation as may be necessary for the identification, destruction or suppression of a pest; and (d) give directions with respect to the stopping or movement of a vehicle; and (e) require a person to produce a document, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process; and (f) examine, copy or take extracts from a document or information so produced or require a person to provide a copy of any such document or information; and (g) verify that a certificate or other document relating to a plant or plant related product complies with the requirements of this Act or a corresponding law; and (h) verify that the packaging or labelling of plants or plant related products complies with the requirements of this Act or a corresponding law; and (i) take photographs, films or audio, video or other recordings; and (j) seize and retain any insect or other pest, or plant or plant related product, that the inspector reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; and (k) seize any plant or plant related product brought into a place, removed from a place, or moved from 1 place to another, in contravention of this Act; and (l) require a person holding or required to hold an accreditation or registration under this Act to produce it for inspection; and (m) require the owner of any plant, plant related product or other thing to deliver it to a quarantine station; and (n) identify, by marking, tagging or otherwise, any premises, plant, plant related product or other thing in respect of which powers have been exercised under this Act; and (o) erect signs at, on or near any place or area in respect of which powers have been exercised under this Act; and (p) require a person who the inspector reasonably suspects has committed, is committing, or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; and (q) require a person who the inspector reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act to answer questions in relation to those matters; and (r) give a direction required in connection with the exercise of a power conferred by this Act or otherwise in connection with the administration or enforcement of this Act. (2) An inspector— (a) may only exercise the powers conferred by subsection (1) as reasonably required for the administration and enforcement of this Act; and (b) may only exercise the power to use force under subsection (1)(a) on the authority of a warrant issued by a magistrate or in circumstances in which the inspector reasonably believes that urgent action is required in order to prevent or mitigate the spread of a pest; and (c) may only exercise the power conferred by subsection (1)(c) if the occupier of the premises— (i) has been given 24 hours notice in writing; or (ii) has consented to the entry. (3) Despite subsection (2)(c), this section does not authorise an inspector to enter a part of premises occupied as a residence except— (a) with the consent of the occupier; or (b) on the authority of a warrant issued by a magistrate. (4) If an inspector seizes any plant or plant related product under subsection (1)(k), the inspector may do 1 or more of the following in relation to the plant or plant related product: (a) retain it; (b) cleanse, disinfect or otherwise treat it or subject it to treatment; (c) submit it for scientific testing and analysis for the purposes of determining whether it is affected by a pest or a chemical residue; (d) return it to its owner subject to any specified conditions (including conditions requiring payment of costs and expenses reasonably incurred in taking action in relation to it under this section); (e) destroy or otherwise dispose of it. (5) An inspector may be assisted in the exercise of powers under this Act by such persons as the inspector considers necessary in the circumstances. (6) An inspector may require an occupier of premises or a person apparently in charge of a vehicle or other thing to give to the inspector or a person assisting the inspector such assistance as is reasonably required by the inspector for the effective exercise of powers under this Act. 44—Power to investigate (1) An inspector may carry out an investigation as reasonably necessary for the purposes of— (a) determining whether a plant or plant related product is affected by a pest; or (b) determining the presence of noxious insects or other pests; or (c) identifying or tracing any cause or source or potential cause or source of a pest. (2) An inspector may, for the purposes of an investigation under this section, examine, take samples from or test any insect or other pest, plant or plant related product. 45—Power to issue plant health certificates (1) An inspector may issue a plant health certificate in a form approved by the Minister in relation to plants or plant related products— (a) grown, produced, processed, packed, used, treated or tested in the State; or (b) to be brought or introduced into the State. (2) Without limiting the generality of subsection (1), a plant health certificate issued in relation to a plant or plant related product may certify as to any of the following matters: (a) that it is free of any or a specified pest; (b) that it is free of any or a specified pest, disease, pest infestation, infection or condition within the meaning of a corresponding law; (c) that it is in a specified condition; (d) that it is from a specified area; (e) that it has been treated in a specified way or with specified treatments; (f) that it has been transported in a specified manner or via a specified route; (g) that it complies with specified accreditation conditions; (h) that it meets specified requirements; (i) as to any other matter specified in the certificate. (3) Before issuing a plant health certificate in relation to a plant or plant related product, the inspector may do 1 or more of the following: (a) inspect the plant or plant related product; (b) take samples of or from the plant or plant related product; (c) supervise the treatment or grading of the plant or plant related product; (d) inspect or test materials, chemicals or equipment used to treat or grade the plant or plant related product; (e) do any other thing the inspector reasonably considers necessary in the circumstances. (4) A plant health certificate may be issued in relation to the movement of a plant or plant related product within the State, into or out of the State, or for another purpose. (5) A person who is not an inspector must not issue a plant health certificate. Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of a natural person—$20 000. (6) A person must not alter, or permit to be altered, any information or statement in a plant health certificate unless— (a) the alteration is authorised in writing by an inspector; or (b) the alteration— (i) relates to the splitting of a consignment to which the certificate relates; and (ii) is made by a person authorised by accreditation granted under Part 4 Division 2 to split consignments. Maximum penalty: (a) in the case of a body corporate—$100 000; (b) in the case of a natural person—$20 000. Subdivision 3—Miscellaneous 47—Warrant procedures (1) A magistrate must not issue a warrant for the purposes of this Part unless satisfied that the warrant is reasonably required in the circumstances. (2) An application for a warrant may be made personally or, if, in the opinion of the applicant, the warrant is urgently required and there is not enough time to lodge a written application and appear before a magistrate, by fax transmission or telephone. (3) The grounds of an application for a warrant must be verified by affidavit. (4) If an application for the issue of a warrant is made by fax transmission, the following provisions apply: (a) the application must be in a form approved by the Chief Magistrate; (b) the application must be accompanied (through fax transmission) by an affidavit made by the applicant verifying the facts referred to in the application; (c) the applicant must be available to speak to the magistrate by telephone; (d) the magistrate is entitled to assume, without further inquiry, that a person who identifies himself or herself as the applicant acting in the capacity of an inspector during a telephone conversation with the magistrate is indeed the applicant acting in that capacity; (e) the magistrate may, on being satisfied as to the circumstances of urgency and the grounds for the issue of a warrant, make out and sign a warrant; (f) the warrant is to be taken to have been issued, and comes into force, when signed by the magistrate; (g) the magistrate must forward the warrant to the applicant by fax transmission. (5) If an application for a warrant is made by telephone, the following provisions apply: (a) the applicant must inform the magistrate of the applicant's name and identify himself or herself as an inspector and the magistrate, on receiving that information, is entitled to assume its accuracy without further inquiry; (b) the applicant must inform the magistrate of the purpose for which the warrant is required, the grounds on which it is sought and the circumstances giving rise to the urgency of the application; (c) the magistrate may, on being satisfied as to the circumstances of urgency and the grounds for the issue of the warrant, inform the applicant of the facts on which the magistrate relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; (d) if the applicant gives such an undertaking, the magistrate may then make out and sign a warrant; (e) the warrant is to be taken to have been issued, and comes into force, when signed by the magistrate; (f) the magistrate must inform the applicant of the terms of the warrant; (g) the applicant must fill out and sign a warrant form (the duplicate warrant) that— (i) sets out the name of the magistrate who issued the original and the terms of the warrant; and (ii) complies with any other prescribed requirements; (h) the applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant. (6) A warrant, if not executed at the expiration of 1 month from the date of its issue, then expires. 48—Offence to hinder etc inspectors A person who— (a) hinders or obstructs an inspector, a person assisting an inspector, or an animal accompanying an inspector, in the exercise of powers under this Act; or (b) refuses or fails to comply with a requirement or direction of an inspector under this Act; or (c) removes, damages or interferes with any notice, sign, identification mark, label, tape, seal, lock or other device used for the purposes of this Act; or (d) when required by an inspector under this Act to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or (e) falsely represents, by words or conduct, that he or she is an inspector, is guilty of an offence. Maximum penalty: $5 000. Part 6—Miscellaneous 49—Delegation (1) The Minister may delegate to a body or person (including a person for the time being performing particular duties or holding or acting in a particular position) a function or power of the Minister under this Act. (2) The Chief Inspector may delegate to a person (including an inspector) a function or power of the Chief Inspector under this Act. (3) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in any matter; and (d) is revocable at will. (4) A function or power delegated by the Minister under this section may, if the instrument of delegation so provides, be further delegated. 50—Compensation (1) The Minister may pay compensation to any person who has suffered loss or damage as a direct consequence of a notice or an order made under Part 2. (2) An application for compensation under this section— (a) must be in writing; and (b) must be made in a manner and form determined by the Minister; and (c) must be supported by such evidence as the Minister may require. (3) No action lies against the Minister to compel the Minister to make a payment of compensation under this section. 51—False or misleading statements A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in an application made, information provided, or a certificate issued, under this Act. Maximum penalty: (a) if the person made the statement knowing that it was false or misleading—$10 000; (b) in any other case—$5 000. 52—Self‑incrimination If a person is required to answer a question or to produce, or provide a copy of, a document or information under this Act and the answer or document or information would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless answer or produce, or provide a copy of, the document or information, but the answer or document or information will not be admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty other than proceedings in respect of the making of a false or misleading statement or declaration. 53—Service of notices and orders (1) A notice or order required or authorised by this Act to be given or issued to a person may be given or issued— (a) by delivering it personally to the person or an agent of the person; or (b) by leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or (c) by posting it to the person or agent of the person at the person's or agent's last known place of residence or business. (2) Without limiting subsection (1), a notice or order required or authorised to be given to a person under this Act may be given or issued— (a) by posting it to the person at the address last provided to the Minister by the person for that purpose; or (b) by transmitting it to the person by fax transmission or email to the fax number or email address last provided to the Minister by the person for that purpose; or (c) in the case of a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth—in accordance with that Act. 54—Vicarious liability (1) For the purposes of this Act, an act or omission of an employee or agent will be taken to be the act or omission of the employer or principal unless it is proved that the act or omission did not occur in the course of the employment or agency. (2) If a body corporate is guilty of a prescribed offence, each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person unless the member proves that he or she could not by the exercise of due diligence have prevented the commission of the offence. (3) If a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that— (a) the member knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and (b) the member was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and (c) the member failed to exercise due diligence to prevent the commission of the offence. (4) Subsection (3) does not apply if the principal offence is— (a) an offence against section 6(2), 11(2), 12, 13, 14, 15, 23, 24, 32, 33, 38, 39, 42, 45, 48 or 51; or (b) an offence against section 7 that is a minor offence within the meaning of that section; or (c) an offence against section 8 that is a minor offence within the meaning of that section; or (d) an offence against section 20(3) consisting of a contravention of a prescribed condition of accreditation. (5) The regulations may make provision in relation to the criminal liability of a member of the governing body of a body corporate that is guilty of an offence against the regulations. (6) In this section— prescribed offence means— (a) an offence against section 6(1), 9, 11(1) or 28; or (b) an offence against section 7 other than a minor offence within the meaning of that section; or (c) an offence against section 8 other than a minor offence within the meaning of that section; or (d) an offence against section 20(3) other than a contravention of a prescribed condition. 55—Evidence (1) In proceedings, a certificate apparently executed by the Minister certifying as to a matter relating to— (a) the accreditation of a place; or (b) the accreditation of a person; or (c) the registration of an importer; or (d) the appointment of an inspector; or (e) the approval of an auditor; or (f) an order or approval of the Chief Inspector or any other inspector; or (g) a delegation; or (h) an exemption; or (i) a notice; or (j) an application; or (k) the receipt or non‑receipt of information; or (l) the amount of costs and expenses incurred in taking specified action, under this Act constitutes proof, in the absence of proof to the contrary, of the matters so certified. (2) An allegation in a complaint— (a) that a specified person is or was the owner or occupier of specified property; or (b) that specified plants or plant related products were within a specified area; or (c) that specified plants or plant related products are or were affected by a pest; or (d) that something done was done without the approval of the Chief Inspector, constitutes proof, in the absence of proof to the contrary, of the matters so alleged. 56—Commencement of prosecution of offences Proceedings for an offence under this Act may be commenced at any time within 3 years of the day on which the offence is alleged to have been committed. 57—Continuing offences (1) If an offence against a provision of this Act is committed by a person by reason of a continuing act or omission— (a) the person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues of not more than an amount equal to one‑fifth of the maximum penalty prescribed for that offence; and (b) if the act or omission continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continues after that conviction, of not more than an amount equal to one‑fifth of the maximum penalty prescribed for that offence. (2) For the purposes of this section, an obligation to do something is to be regarded as continuing until the act is done despite the fact that any period within which, or time before which, the act is required to be done has expired or passed. 58—General defence It is a defence to a charge of an offence against this Act if the defendant proves that the offence did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence. 59—Incorporation of codes and standards (1) A notice given by the Minister, or a regulation made, under this Act may— (a) be of general or limited application; and (b) apply, adopt or incorporate, with or without modification, any code, standard or other document prepared or approved by a body or authority referred to in the notice or regulation as in force from time to time or as in force at a specified time. (2) If a code, standard or other document is applied, adopted or incorporated in a notice or regulation— (a) a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at the office of the Chief Inspector; and (b) in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document apparently certified by or on behalf of the Minister as a true copy of the code, standard or other document. 60—Regulations (1) The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act. (2) Without limiting subsection (1), the regulations may— (a) fix fees to be paid in respect of a matter under this Act and regulate, or provide for the Minister to regulate, the payment, recovery, waiver or reduction of such fees; and (b) exempt, or provide for the Minister to exempt, a class of persons, plants, plant related products or activities from the application of this Act or a specified provision of this Act unconditionally or subject to specified conditions; and (c) impose fines, not exceeding $5 000, for offences against the regulations; and (d) fix expiation fees, not exceeding $315, for alleged offences against the regulations. (3) Regulations under this Act may— (a) be of general application or limited application; and (b) make different provision according to the matters or circumstances to which they are expressed to apply; and (c) provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the Chief Inspector; and (d) include evidentiary provisions to facilitate proof of contraventions of the regulations for the purposes of proceedings for offences. (4) Regulations under this Act may provide for fees that vary or are determined by the Minister according to factors specified in the regulations. Schedule 1—Repeal and transitional provisions Part 2—Repeal 5—Repeal (1) The Fruit and Plant Protection Act 1992 is repealed. (2) The Noxious Insects Act 1934 is repealed. Part 3—Transitional provisions 6—Transitional provisions (1) The person holding appointment as the Chief Inspector, deputy of the Chief Inspector, or inspector, under the repealed Act immediately before the commencement of this Schedule will become, on the commencement of this clause, a person holding the corresponding appointment under this Act. (2) The notice signed by the Minister on 6 February 2006 (see Gazette 16 February 2006 p552) as varied from time to time and in force immediately before the commencement of this Schedule continues in force and will be taken to be a notice in force under this Act (and the Plant Quarantine Standard South Australia adopted under clause 7.1 of that notice will be taken to be adopted in the notice under section 59 of this Act). (3) A declaration under section 4 of the repealed Act in operation immediately before the commencement of this Schedule that a condition of fruit or plants is a disease will be taken to be a declaration of a pest under section 4 of this Act. (4) A declaration under section 5 of the repealed Act in operation immediately before the commencement of this Schedule that a place is a quarantine station will be taken to be a declaration that a place is a quarantine station under section 5 of this Act. (5) A notice under section 13 of the repealed Act in force immediately before the commencement of this Schedule prohibiting the introduction or importation into the State of any specified class of fruit, plant, soil, packaging or other thing will be taken to be a notice prohibiting the bringing or introduction into the State of a specified class of plant or plant related product under section 7 of this Act. (6) A declaration under section 14 of the repealed Act in operation immediately before the commencement of this Schedule that a place is a quarantine area will be taken to be a declaration that a place is a quarantine area under section 8 of this Act. (7) A declaration under section 18 of the repealed Act in operation immediately before the commencement of this Schedule will be taken to be a declaration under section 15 of this Act. (8) A notice incorporating a code, standard or other document under section 29 of the repealed Act in force immediately before the commencement of this Schedule will be taken to be a notice in force under this Act incorporating a code, standard or other document under section 59 of this Act. (9) In this clause— repealed Act means the Fruit and Plant Protection Act 1992 repealed under Part 2 of this Schedule. 7—Regulations (1) The Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of this Act. (2) A provision of a regulation made under subclause (1) may, if the regulation so provides, take effect from the commencement of this Act or from a later day. (3) To the extent to which a provision takes effect under subclause (2) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by— (a) decreasing the person's rights; or (b) imposing liabilities on the person. (4) The Acts Interpretation Act 1915 will, except to the extent of any inconsistency with the provisions of this Schedule, apply to any amendment or repeal effected by this Schedule. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Legislation amended by principal Act The Plant Health Act 2009 amended the following: Citrus Industry Act 2005 Phylloxera and Grape Industry Act 1995 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 2009 2 Plant Health Act 2009 12.2.2009 1.8.2009 (Gazette 30.7.2009 p3437) 2009 84 Statutes Amendment (Public Sector Consequential Amendments) Act 2009 10.12.2009 Pt 115 (ss 268 & 269)—1.2.2010 (Gazette 28.1.2010 p320) 2013 16 Statutes Amendment (Directors' Liability) Act 2013 23.5.2013 Pt 40 (s 86)—17.6.2013 (Gazette 6.6.2013 p2498) 2017 7 Statutes Amendment and Repeal (Simplify) Act 2017 15.3.2017 Pt 24 (ss 95 & 96)—15.3.2017: s 2(1) 2017 51 Statutes Amendment (SACAT No 2) Act 2017 28.11.2017 Pt 36 (ss 199 to 201)—14.12.2017 (Gazette 12.12.2017 p4960) Provisions amended New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended under Legislation Revision and Publication Act 2002 1.2.2010 Pt 1

s 2 omitted under Legislation Revision and Publication Act 2002 1.2.2010 Pt 4

s 21

s 21(1) amended by 7/2017 s 95 15.3.2017 s 29

s 29(1) amended by 7/2017 s 96 15.3.2017 Pt 4 Div 5

heading substituted by 51/2017 s 199 14.12.2017 s 36 substituted by 51/2017 s 200 14.12.2017 Pt 5

s 54

s 54(2) substituted by 16/2013 s 86 17.6.2013 s 54(3)—(6) inserted by 16/2013 s 86 17.6.2013 s 46 deleted by 84/2009 s 268 1.2.2010 Pt 6

s 49

s 49(1) amended by 84/2009 s 269 1.2.2010 Sch 1

Pt 1 omitted under Legislation Revision and Publication Act 2002 1.2.2010 Transitional etc provisions associated with Act or amendments Statutes Amendment (SACAT No 2) Act 2017 201—Transitional provisions (1) A right of appeal under section 36 of the principal Act in existence before the relevant day (but not exercised before that day) will be exercised as if this Part had been in operation before that right arose, so that the relevant proceedings may be commenced before the Tribunal rather than the District Court. (2) Nothing in this section affects any proceedings before the District Court commenced before the relevant day. (3) In this section— principal Act means the Plant Health Act 2009; relevant day means the day on which this Part comes into operation; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. Historical versions 1.2.2010

17.6.2013

15.3.2017

1 Plant Health Act 2009

The Act establishes a controlled vocabulary and core mechanisms. Definitions in s 3 set the scope and should be read carefully because the Act’s coverage follows those definitions. Plant is broadly defined to include the whole or any part of trees, vines, flowers, shrubs, vegetables, fruit, nuts, and any material used for propagation, whether alive or dead, and explicitly includes sawn or dressed timber (s 3). Plant related product is a two‑part definition: it includes soil, potting mix, packaging, agricultural machinery or equipment, and it also expressly allows the Minister to declare any other material or item to be a plant related product under s 4(2). The Act therefore gives the Minister power to expand the catalogue of things captured by the statute.

Pest is not enumerated in s 3 but the Minister may declare by Gazette notice that a disease, insect, mite, arthropod, snail, slug, nematode, any other organism, or any other condition that affects or may affect plants or plant related products is a pest (s 4(1)). The Act also creates a specific, narrow definition for noxious insect,any species of migratory or gregarious grasshopper (s 3). Soil is explicitly defined not to include clean sand (s 3). These definitional points matter operationally because the presence or absence of declaration determines when many powers and offences attach.

Accreditation and assurance certificates (Part 4 Div 2) are central market instruments created by the Act. Accreditation authorises a person to issue assurance certificates or verify documents, packaging or labelling (s 18). Assurance certificates can certify a broad set of matters, including freedom from particular pests, specified treatments, specified routes of transport, area of origin, compliance with accreditation conditions, and other matters approved by the Minister (s 19). The Minister may impose conditions on accreditations (s 20), require annual fees and returns (s 21), and suspend or cancel accreditations for several reasons including fraud, contravention, non‑payment, or cessation of activity (s 24). Only accredited persons may issue assurance certificates or verify that documents comply with the Act (s 25). This establishes a private certification regime under public supervision.

Registration of importers (Division 3) provides a separate statutory gate for commercial imports. A person must not bring plants or plant related products into the State for sale or any other commercial purpose except as authorised by registration (s 33). The Minister must satisfy suitability criteria, including consideration of past offences and dishonesty, and may impose conditions on registration similar to accreditation conditions (ss 27-28). Registered importers are subject to periodic fees and returns and to suspension or cancellation for non‑compliance (ss 29-32).

Inspection and enforcement are administered through appointed inspectors and a Chief Inspector (Part 5 Div 2). Inspectors are issued identity cards and must produce them before exercising powers (s 42). Inspectors have broad powers to enter and search premises or vehicles, to use reasonable force with a warrant or where urgent action is needed (s 43(1)(a), (2)(b)), to seize and retain or treat and destroy items (s 43(1)(j)-(k), (4)), to require production of documents and manifest copies (s 43(1)(e), (1)(m); s 14(3)), to require persons to answer questions (s 43(1)(q)), and to issue plant health certificates (s 45). Warrant procedures are provided (s 47), including telephone or fax applications where urgency is asserted. Inspectors may act in emergencies under s 10 without prior orders.

Other salient concepts include quarantine stations and areas (ss 5, 8), manifest requirements for consignments (s 14), packaging and labelling obligations for fruit, vegetables and nuts (s 12), and incorporation of codes and standards by notice or regulation (s 59). The Act also creates approved auditors to audit accredited persons and to enter into audit agreements with the Minister (s 37), with an express duty to report certain findings to the Minister (s 38).

Several evidentiary and procedural presumptions alter litigation dynamics. Certificates executed by the Minister as to accreditation, registration, orders, delegations, notices and other administrative facts constitute proof in the absence of proof to the contrary (s 55(1)). Allegations in a complaint about ownership, location of plants or plant related products, pest‑affectation, or unauthorised action amount to proof in the absence of contrary proof (s 55(2)). Self‑incrimination is limited: a person must answer questions or produce documents when required but the information will not be admissible against the person except for false or misleading statement offences (s 52). Vicarious liability rules tie employer and corporate governing body liability to acts of employees or agents and raise director exposure in specific circumstances (s 54).

Taken together, the Act combines preventative declarations, administrative control over movement and certification, compulsory reporting, targeted demolition/treatment powers, and an audit and accreditation system to regulate plant health. The operational levers are the Minister’s notices and regulations, inspectors’ on‑the‑ground powers, and statutory obligations attached to accredited persons and registered importers.

The Act casts a wide net. Primary categories of affected actors are set out in the Act and arise from the duties it imposes and the permissions it grants.

Producers, growers, propagators and processors of plants and plant related products. These persons are specifically identified: a person who grows, propagates or processes plants for profit or gain is taken to know that plants affected by a pest are so affected absent proof to the contrary (s 6(4)). Producers are also potential holders of accreditation to issue assurance certificates for consignments from accredited production areas (ss 15, 16-19). Packaging and labelling duties (s 12) and obligations to accompany propagating stock with specified identification (s 13) also apply to those selling produce.
Importers and registered importers. A person who brings plants or plant related products into the State for sale or any other commercial purpose is defined as an importer (s 3). Division 3 creates a registration regime: importers must apply to the Minister and may be required to meet suitability requirements (ss 26-27). It is an offence to bring plants or plant related products into the State for commercial purposes except as authorised by registration (s 33). Registered importers face conditions, periodic fees and returns, and suspension or cancellation for breaches (ss 28-32).
Accredited persons and production areas. Persons accredited under Part 4 Division 2 may issue assurance certificates or verify documents, packaging or labelling in accordance with accreditation terms (s 18). Accreditation of production areas under s 15 permits use of specified statements about pest‑freedom for advertising, packaging or sale. Accredited persons have record‑keeping, audit and fee obligations (ss 20-21), and the Minister may impose, vary or revoke conditions and may suspend or cancel accreditation (ss 20, 22, 24).
Businesses involved in packaging, transport, and sale. Packaging rules (s 12), manifest obligations for consignments brought into the State or transhipped through the State (s 14), and prohibitions on selling pest affected plants or products without Chief Inspector approval (s 11) apply to anyone packing, transporting, or selling produce. The Act defines sell broadly to include possess, offer, display or consign for sale (s 3), capturing wholesalers, retailers and market operators.
Owners and occupiers of premises in quarantine areas. A quarantine area declaration allows the Minister to require owners or occupiers to take measures, including destruction of plants or plant related products, or to prohibit movement into or out of the area (s 8(2)(b)-(f)). The owner of premises subject to orders must notify the Chief Inspector of intended sale of premises at least 28 days before settlement (s 11(2)).
Auditors and approved auditors. The Minister may approve auditors, impose conditions, and enter into audit agreements (s 37). Approved auditors are subject to a duty to report reasonable beliefs about prescribed breaches by accredited persons to the Minister (s 38). A failure to allow auditing or obstructing auditors is an offence (s 39).
Inspectors, Chief Inspector and departmental staff. The Minister appoints the Chief Inspector and inspectors (ss 40-41). Inspectors exercise powers under s 43 and may be assisted by other persons (s 43(5)). They carry operational responsibilities for enforcement, issuing plant health certificates (s 45), and initiating warrants under s 47.
Directors and governing bodies of corporations. Vicarious liability and derivative liability rules impose exposure on members of governing bodies in certain circumstances where the body corporate is guilty of prescribed offences or other offences under the Act (s 54). The Minister may take into account convictions and offences in determining suitability for accreditation or registration (ss 17(2), 27(2)).
The broader public that handles plants, soil, packaging or equipment. Any person who knows or has reason to suspect that plants or plant related products are affected by a pest must report the matter immediately to an inspector and take reasonable measures to prevent spread (s 6(1)). The Act therefore reaches beyond commercial operators to the public in situations where a pest is suspected. A person who knows or has reason to suspect noxious insects have appeared on premises must report (s 6(2)), with a specific penalty and expiation fee.
External jurisdictions and certified foreign bodies. The Act contemplates "corresponding laws" of other States and recognition of certificates issued under those laws (definitions in s 3 and s 19(2)). This affects interstate traders and those using assurance certificates from other jurisdictions.

The Act’s administrative design concentrates decision rights in the Minister and the Chief Inspector while placing operational obligations and potential criminal exposure on private actors who handle plants, related products, and conveyances. It therefore affects commercial supply chain participants (growers, processors, packers, transporters, importers, wholesalers, retailers), auditors and compliance providers, public officials (inspectors and Ministerial staff), and corporate officers through vicarious and director liability provisions.

Duties

Reporting duties. Under s 6(1) any person who knows or has reason to suspect a plant or plant related product is affected by a pest must immediately report the matter to an inspector by the quickest practicable means, provide further information the inspector reasonably requires, and take all reasonable measures to prevent spread. Failure attracts a maximum penalty set out in s 6(1). A parallel duty exists for knowledge or suspicion of noxious insects on premises (s 6(2)).
Prohibition on bringing pests into the State. Section 7(1) prohibits bringing or introducing into the State a pest or a plant or plant related product affected by a pest. The Minister may prohibit specified classes of plants or products by Gazette notice (s 7(2)) and exempt certain persons in writing for scientific or agricultural interest with consultation requirements (s 7(4)-(5)).
Compliance with quarantine area notices and orders. The Minister may declare quarantine areas and impose measures on owners and occupiers, including destruction and movement prohibitions (s 8(2)). Contravention of quarantine notices is an offence (s 8(4)). The Chief Inspector may issue orders to owners, suppliers and occupiers where a plant or product is thought to be or might become affected, including restricting movement, requiring treatment, testing, recall, destruction, or prohibiting planting (s 9(1)-(2)).
Packaging, labeling and manifest duties. Persons must not pack for sale or sell fruit, vegetables or nuts in packaging that is not in good repair, clean, free of extraneous matter and odour and labelled in accordance with regulations (s 12). Used packaging rules are in s 12(2). Plants sold for propagation must be accompanied by prescribed labelling (s 13). Persons bringing plants or plant related products into the State for sale or for transhipment must lodge manifests that conform to Ministerial requirements (s 14).
Accreditation and registration obligations. Applicants for accreditation must provide specified information and allow inspections and audits (s 16). Accredited persons must comply with accreditation conditions (s 20), pay fees and lodge returns annually (s 21), and are subject to variation, suspension or cancellation by the Minister (ss 22-24). Registered importers must meet similar application, suitability and periodic return requirements (ss 26-29) and are also subject to suspension or cancellation (s 32).
Cooperation with auditors and inspectors. Accredited persons are subject to audits by approved auditors under s 37 and auditors must report certain matters to the Minister (s 38). Obstruction of auditors is an offence (s 39). Inspectors have broad statutory powers to enter, search and seize (s 43); persons must produce documents and assists inspectors and may be required to answer questions (s 43(1)(e), (q)). Obstruction of inspectors is an offence (s 48).
Return and surrender obligations. Accreditation and registration can be surrendered, and where accreditation is surrendered unissued assurance certificates must be returned (s 23). On suspension or cancellation accreditations or registrations must be returned within 14 days (s 24(5), s 32(5)).

Rights

Right to review. A person aggrieved by the Minister’s decision to refuse accreditation or registration, impose or vary conditions, or suspend or cancel accreditation or registration may seek review by the Minister within 28 days (s 35). If dissatisfied with the Minister’s review decision, the person can apply to the South Australian Civil and Administrative Tribunal under s 36, subject to timelines and the Minister’s duty to provide written reasons (ss 36(1)-(4)).
Procedural protections before adverse action. For suspension or cancellation of accreditation or registration the Minister must notify the person in writing and allow at least 14 days for submissions (s 24(4); s 32(4)). Suspensions may be immediate or prospective and may be for a period, until conditions are fulfilled, or until further order (s 24(2)-(3)).
Limited protection against self‑incrimination. Although persons must answer questions or provide documents if required under the Act, s 52 provides that those answers or documents will not be admissible in evidence against the person in proceedings for an offence or imposition of a penalty, other than for false or misleading statements. This preserves a degree of testimonial immunity.
Evidence presumptions. Administrative certificates executed by the Minister about accreditation, registration, appointments, approvals, notices and related administrative facts constitute proof in the absence of proof to the contrary (s 55(1)). Allegations in complaints about ownership, presence of plants in areas or being affected by pests have similar evidentiary weight unless contradicted (s 55(2)). These provisions work as procedural rights for the administration by streamlining proof, but they lower the evidentiary threshold for administrative facts in prosecutions.
Discretionary compensation. The Minister may pay compensation for loss or damage caused as a direct consequence of notices or orders under Part 2 (s 50). The right to compensation is discretionary, applications must meet the Minister’s form and evidentiary requirements, and no action lies to compel payment (s 50(1)-(3)).
Access to codes and standards. Where a code, standard or other document is adopted by notice or regulation, the Chief Inspector must keep a copy available for public inspection during normal office hours (s 59(2)(a)). This provides an administrative right to inspect standards embedded by reference.

These duties and rights place an ongoing compliance and administrative burden on commercial operators in the plant supply chain, while giving administrative review and limited procedural protections. Many obligations are expressed as conditions within Ministerial discretion, so compliance requires attention to subordinate instruments and to engagement with inspectors, auditors and the Minister.

The Act creates a graded penalty structure with maximum fines, expiation regimes for certain offences, continuing daily penalties, and mechanisms for civil recovery of costs. Enforcement is executed by inspectors, approved auditors and by judicial or tribunal processes for review and prosecution.

Monetary penalties and expiation fees

Reporting failures: s 6(1) prescribes maximum penalties for failing to report a pest affected plant or plant related product: $100,000 for a body corporate and $20,000 for a natural person. For failing to report appearance of noxious insects on premises s 6(2) sets a maximum penalty of $1,250 and an expiation fee of $160.
Import and quarantine breaches: s 7(7) and s 8(4) set maximum penalties. For minor offences (domestic, non‑commercial use) the maximum is $5,000 with an expiation fee of $315 (see s 7(8) and s 8(5) definitions of minor offence). For other contraventions the maximum is $100,000 for a body corporate and $20,000 for a natural person.
Sale and packaging offences: s 11(1) prohibits sale or supply of pest affected plants or products without Chief Inspector approval with maximum penalties $100,000 (corporate) and $20,000 (natural person). Packaging offences under s 12 and labelling under s 13 attract maximum penalties of $5,000 and expiation fees of $315.
Accreditation and certification offences: s 25 contains substantial penalties for unauthorised verification or issue of assurance certificates: $100,000 (corporate) and $20,000 (natural person). Alteration of certificates without authorisation has the same maxima. Contravention of accreditation conditions attracts a range: $100,000 corporate or $20,000 natural person for most contraventions and $5,000 for prescribed condition contraventions (s 20(3)).
Importer registration offences: s 33 makes unauthorised introduction for commercial purposes an offence with maximum penalties $20,000 (corporate) and $5,000 (natural person) and expiation fees defined.
Auditor and inspector obstruction: s 39 and s 48 set maximum penalties up to $5,000 for obstructing auditors or inspectors.
False or misleading statements: s 51 sets penalties of $10,000 where the person knew the statement was false or misleading, and $5,000 otherwise.
Miscellaneous: various other provisions set fines and expiation fees for non‑compliance with procedural requirements including manifest production (s 14) and failure to return accreditation after surrender (s 23).

Continuing offences and additional penalties

Continuing offences (s 57) allow daily penalties in addition to fines where an offence results from a continuing act or omission, of up to one‑fifth of the maximum penalty for each day during which the conduct continues. A conviction followed by continuation of the offence can constitute a further offence with additional daily penalties.

Enforcement powers

Entry, search, seizure and treatment. Inspectors may enter premises or vehicles, use reasonable force with warrant or in urgent circumstances (s 43(1)(a), (2)(b)), inspect, seize and retain insects, plants or plant related products suspected of being evidence (s 43(1)(j)-(k)), and may cleanse, disinfect, test, return subject to conditions, or destroy seized items (s 43(4)).
Orders and recovery of costs. The Chief Inspector may issue written orders necessary to prevent or minimise outbreak or spread of a pest (s 9(1)-(2)). If the Chief Inspector causes action to be taken because a person cannot be located, costs may be recovered in court as a debt from the owner (s 9(4)). If a person refuses to comply with an order the Chief Inspector may cause inspectors to give effect to the order and recover costs as a debt (s 9(7)-(8)).
Emergency actions. An inspector may take urgent action after giving such notice as is reasonable and may do so irrespective of whether a formal order has been issued (s 10).
Warrants and urgent warrant procedures. A magistrate must be satisfied that a warrant is reasonably required before issuing one (s 47(1)). The Act provides for urgent communication with a magistrate by fax or telephone allowing the magistrate to assume the identity of an inspector in good faith and sign warrants where urgent circumstances exist (s 47(2)-(5)). Warrants expire after one month if not executed (s 47(6)).
Audit enforcement. Approved auditors must report prescribed breaches identified during audits to the Minister (s 38), and obstruction of auditors is an offence (s 39). Audit agreements under s 37 can set charges, scope and termination provisions, and the Minister may cancel an approval for breach of conditions (s 37(6)).
Vicarious and director liability. For the purposes of the Act, acts of employees and agents are imputed to employers or principals (s 54(1)). Specific vicarious and derivative liabilities attach to members of governing bodies of corporations for prescribed offences (s 54(2)-(3)), creating personal exposure for directors in defined circumstances.

Evidentiary and procedural measures facilitating enforcement

Ministerial certificates and complaint allegations as proof. Section 55 creates administrative evidentiary conveniences by treating certificates executed by the Minister and certain allegations in complaints as proof absent contrary proof. This lowers the administrative burden in prosecutions and proceedings reliant on administrative facts.
Time limits for prosecutions. Proceedings for offences may be commenced within three years of the date the offence is alleged to have been committed (s 56).

Compensation

The Minister may pay compensation to persons who suffer loss or damage as a direct consequence of notices or orders under Part 2 (s 50), but the Act expressly disclaims any right to compel payment (s 50(3)). This limits private remedies where government orders cause loss.

Taken together, the enforcement architecture combines criminal penalties, administrative orders, seizure and destruction capacities, a regulated private certification regime with statutory sanctions for misuse, and audit‑backed oversight. The use of daily continuing penalties, vicarious liability and certificates as proof materially increases enforcement reach and accelerates administrative enforcement processes.

The Act is written to operate within a multi‑layered legal environment and expressly contemplates interaction with corresponding State laws, codes and standards, the Corporations Act, the South Australian Civil and Administrative Tribunal Act 2013, and the Acts Interpretation Act 1915 pursuant to transitional provisions.

Corresponding laws and interstate recognition

The Act defines "corresponding law" as a law of another State declared by regulation to correspond to the Act (s 3). Assurance certificates and plant health certificates may include certificates corresponding to those issued under a corresponding law (s 3 definitions; s 19(2); s 45(1)). This creates a mechanism for interstate equivalence: the Minister may recognise instruments from other jurisdictions by regulation, enabling interstate trade subject to recognition.

Incorporation of codes and standards

The Minister may apply, adopt or incorporate any code, standard or other document by notice or regulation (s 59(1)). Where a code or standard is incorporated a copy must be kept available at the office of the Chief Inspector (s 59(2)(a)), and a certified copy serves as evidence in legal proceedings (s 59(2)(b)). This permits the Act to bind private standards and external documents into enforceable obligations without reproducing them in primary legislation.

Corporations Act and governing bodies

Service of notices to companies may be effected in accordance with the Corporations Act 2001 (Cth) (s 53(2)(c)). Vicarious liability provisions (s 54) create potential criminal liability for members of governing bodies of corporations. Section 54(2) refers to members of governing bodies being guilty of an offence when the body corporate commits a prescribed offence unless the member proves that due diligence could not have prevented the offence. Amendments recorded in the legislative history show the Act was later aligned with director liability changes (see 2013 amendment in legislative history).

Administrative review and tribunal review

The Act provides internal review to the Minister for decisions on accreditation and registration, with a 28‑day window (s 35). It then permits review by the South Australian Civil and Administrative Tribunal under the South Australian Civil and Administrative Tribunal Act 2013, subject to time limits and the Minister’s duty to provide written reasons (s 36). The legislative history includes a transitional provision (Statutes Amendment (SACAT No 2) Act 2017, s 201) that altered rights of appeal to permit proceedings to be commenced before the Tribunal rather than the District Court for decisions under s 36, reflecting interaction with tribunal reform.

Transitional and repeal provisions

The Act repeals the Fruit and Plant Protection Act 1992 and the Noxious Insects Act 1934 (Sch 1 Part 2, s 5). Transitional provisions (Sch 1 Part 3) carry forward appointments, existing notices and standards into the new Act (Sch 1 cl 6). The Acts Interpretation Act 1915 applies to transitional amendments except where inconsistent (Sch 1 cl 7(4)). These provisions preserve continuity with prior regulatory instruments and carry existing administrative infrastructure forward.

Evidentiary interplay

Section 55 establishes administrative certificates and certain allegations in complaints as proof in the absence of contrary evidence. This interacts with criminal procedure and civil rules of evidence by shifting evidentiary burdens in administrative enforcement and prosecutions.

Regulatory delegation and discretion

The Governor in Council may make regulations under s 60, including fixing fees, creating exemptions, and delegating discretionary determinations to the Minister or Chief Inspector (s 60(2)-(3)). Delegation powers also permit the Minister and Chief Inspector to delegate functions under s 49. These delegation and regulatory powers interact with administrative law principles and other statutes affecting relevant public sector delegation and decision‑making.

Self‑incrimination and privilege

Section 52 limits admissibility of compelled answers or documents in subsequent prosecutions (except for false or misleading statement offences). This interacts with common law and statutory protections against self‑incrimination, placing this legislative rule within the Act’s enforcement scheme.

Interaction with Commonwealth and other State instruments

While the Act explicitly references laws of other States as corresponding laws, it does not purport to override Commonwealth biosecurity legislation. The Act’s certificate recognition and corresponding law provisions facilitate interstate trade but do not on their face displace Commonwealth responsibilities. The Act also permits the Minister to adopt external standards and to make exemptions for scientific research or biological control (s 7(4)-(5)), which may involve interaction with research licences and other statutory regimes.

In sum, the Act is designed to operate in concert with codes and standards adopted by reference, to admit interstate equivalence through corresponding laws, to dovetail with corporate and administrative law regimes for service and review, and to rely on delegated rule‑making for procedural and technical detail. Users should review subsidiary notices, regulations and any declared corresponding laws when applying the Act to a concrete commercial or compliance issue.

The Act’s legislative history as recorded in the statute text shows the Plant Health Act 2009 is the principal Act, assented to on 12 February 2009 and commenced on 1 August 2009 (Gazette 30.7.2009 p3437). The Act replaced and repealed two prior Acts: the Fruit and Plant Protection Act 1992 and the Noxious Insects Act 1934 via Schedule 1 Part 2 (Sch 1 s 5). Transitional provisions preserved appointments and certain notices and standards from the repealed Acts into the new framework (Sch 1 cl 6).

Subsequent amendments recorded in the legislative history include:

Statutes Amendment (Public Sector Consequential Amendments) Act 2009 (No 84 of 2009), assented 10 December 2009, with parts commencing 1 February 2010 (Gazette 28.1.2010 p320), which amended provisions including s 49(1) and caused deletion of s 46. The legislative history notes s 46 was deleted by this Act and s 49(1) was amended.
Statutes Amendment (Directors' Liability) Act 2013 (No 16 of 2013), assented 23 May 2013, with part 40 s 86 commencing 17 June 2013 (Gazette 6.6.2013 p2498). This amendment substituted s 54(2) and inserted ss 54(3)-(6), altering director and governing body liability provisions. The legislative history records that s 54(2) was substituted and s 54(3)-(6) were inserted by this 2013 Act.
Statutes Amendment and Repeal (Simplify) Act 2017 (No 7 of 2017), assented 15 March 2017, with relevant provisions commencing 15 March 2017. This Act amended s 21(1) and s 29(1) (as recorded: s 21(1) amended by 7/2017 s 95 and s 29(1) amended by 7/2017 s 96). The specific textual change is not reproduced in the source beyond the amendment note; readers should consult the 2017 amending Act text for precise changes.
Statutes Amendment (SACAT No 2) Act 2017 (No 51 of 2017), assented 28 November 2017, with Part 36 (ss 199 to 201) commencing 14 December 2017 (Gazette 12.12.2017 p4960). This Act substituted the heading for Part 4 Div 5 and substituted s 36 to provide for review by the South Australian Civil and Administrative Tribunal in place of the District Court. Transitional provision 201 in that Act clarifies that rights of appeal under s 36 existing before the relevant day but not exercised are to be exercised as if the Part had been in operation, so proceedings could be brought before the Tribunal. This amendment altered the appellate tribunal for administrative decisions under the Act.

The legislative history in the Act also notes other editorial amendments under the Legislation Revision and Publication Act 2002 effective 1 February 2010, such as amending the Long title and omitting s 2. The source includes a table of "Provisions amended" indicating which provisions were varied and by which Act. The Schedule 1 transitional provisions carry certain earlier notices into the new Act, for example the Plant Quarantine Standard South Australia adopted under a Ministerial notice signed 6 February 2006 is taken to be adopted under s 59 of the Act (Sch 1 cl 6(2)).

The Act’s text as provided lists the historical versions available and identifies the dates they took effect: 1.2.2010, 17.6.2013, and 15.3.2017. For any compliance programme or litigation, practitioners should review the consolidated Act as in force on the date relevant to the conduct in question, and consult the amending Acts (Nos 84/2009, 16/2013, 7/2017, 51/2017) for precise textual changes to provisions such as s 21, s 29 and s 54. The statutory history shows iterative refinement of director liability and administrative review pathways since the Act’s commencement.

The Act text supplied does not cite any reported judicial decisions or prosecutions and contains no case law. The legislative history shows procedural and jurisdictional amendments that affect review routes and director liability, but no litigation examples are included in the source. The Act’s litigation‑relevant design features that practitioners should note from the statutory text are as follows.

Forum and appeal routes

Administrative decisions on accreditation and registration are first reviewable by the Minister within 28 days under s 35. Thereafter, s 36 allows review by the South Australian Civil and Administrative Tribunal, as amended by the Statutes Amendment (SACAT No 2) Act 2017; transitional provision 201 in that Act adjusts rights of appeal for proceedings not yet commenced before the relevant day. The shift from the District Court to the Tribunal changes procedural rules, remedies and potentially costs and timetables. Practitioners should consider Tribunal practice directions and statutory time limits in preparing challenges.

Evidentiary presumptions and proof

Section 55 creates administrative evidentiary presumptions: certificates executed by the Minister purporting to certify accreditation, registration, appointments, orders and related matters constitute proof in the absence of proof to the contrary. Allegations in complaints about ownership, location and pest‑affection constitute proof in the absence of contrary proof. These presumptions lower the prosecution’s initial evidentiary burden and shift the onus to defendants to rebut administrative certificates. Litigants should plan to obtain documentary evidence and expert analysis to counter these presumptions where relevant.

Compelled testimony and admissibility

The Act requires persons to answer questions and produce documents when inspectors require (s 43(1)(e), (q)), and s 52 requires answers and produced documents to be provided even when they may tend to incriminate, but makes them inadmissible in subsequent proceedings for offences other than false or misleading statements. This statutory rule affects defence strategy and evidentiary use of inspector‑obtained material. Counsel should prepare to challenge admissibility where the statutory exception applies and to use other non‑statutorily barred material.

Director and corporate liability

Vicarious liability and personal liability of governing body members under s 54 expose directors to personal criminal liability in defined circumstances. The 2013 amendment clarified and expanded these provisions. Litigation involving corporate offences under the Act may therefore entail parallel prosecutions or proceedings against responsible officers, with the statute allocating burdens and defences (for example, proving exercise of due diligence). Practitioners should prepare corporate governance evidence and compliance policies to rebut allegations about foreseeability and the director’s ability to influence.

Enforcement and recovery of costs

The Chief Inspector can cause action to be taken in default and recover costs as a debt in court (s 9(4), (8)). This creates a civil avenue to enforce compliance costs against private actors. Litigation risk includes recovery actions for costs incurred in carrying out orders and destruction or treatment of material. Practitioners should consider the evidentiary standard for showing those costs were reasonably incurred.

Warrant procedures and urgency

Warrant procedures under s 47 permit telephone or fax applications in urgent circumstances; magistrates are entitled to assume an applicant policeman or inspector is acting in capacity when identifying themselves. These provisions have litigation significance in relation to challengeable searches and the lawfulness of entries and seizures. Evidence obtained under warrants can be attacked for defects in the warrant application, so practitioners must get prompt access to warrant affidavits and explanations.

No named case law in the source

The Act text provided includes no case citations or judicial interpretations. Any litigation history will need to be built by searching South Australian decisions post‑2009 involving prosecutions, administrative review decisions, and tribunal rulings interpreting the Act and its evidentiary, warrant and vicarious liability provisions.

In practice, litigation under this Act will likely involve an interplay of administrative law (judicial review of discretionary decisions), regulatory prosecution (criminal standard for offences), evidentiary challenges (to Ministerial certificates and compelled material), and corporate law issues (director liability). Early steps in any dispute should include preservation and review of manifests, accreditation and registration documents, audit reports and any notices or orders issued under Part 2, and, where necessary, application for internal review under s 35 followed by Tribunal proceedings under s 36.

The Act contains several concrete features that commonly present practical difficulty for regulated parties. These should be considered as statutory risk points.

Broad ministerial discretion and delegated standards

The Minister may declare pests and plant related products by Gazette notice (s 4), declare quarantine stations and areas (ss 5, 8), and vary or revoke notices (s 4(3), 5(2), 8(3)). The Minister can also exempt persons in writing from prohibitions under s 7(4), and may adopt external codes and standards by notice or regulation (s 59). This means key compliance obligations may be set out in subordinate instruments or notices that can change without primary legislative amendment. Regulated parties need active monitoring systems to capture new Gazette notices and regulatory instruments because the scope of the Act’s application is partially defined outside the Act.

Expansive definitions and ministerial power to declare plant related products

The Act defines plant related product to include soil, potting mix, packaging and agricultural machinery but also allows the Minister to declare any other material or item to be a plant related product (s 4(2)). This open delegate means items previously considered peripheral can be brought within statutory control without legislative amendment. A business that handles packaging or ancillary materials should not assume immunity.

Compulsion to report and deemed knowledge

Section 6(1) imposes an immediate reporting duty on anyone who knows or has reason to suspect that a plant or plant related product is affected by a pest. Section 6(4) creates a statutory deeming rule for persons who grow, propagate or process plants for profit or gain: they will be taken to know or have reason to suspect pest‑affection absent proof to the contrary. This reverse evidential burden requires commercial operators to adopt active surveillance and record‑keeping to rebut the deeming.

Urgent entry, force and warrant assumptions

Inspectors can use reasonable force to enter premises or vehicles but only with a warrant or where the inspector reasonably believes urgent action is required (s 43(1)(a), (2)(b)). Warrant procedures in s 47 allow application by telephone or fax with the magistrate entitled to assume that an applicant identifying himself or herself as an inspector is indeed that person (s 47(4)(d), (5)(a)). The Act thereby facilitates rapid authorised entry in biosecurity emergencies but raises practical issues for premises owners about proportionality and access to the affidavit grounds that supported a warrant.

Seizure, retention and destruction with cost recovery

If an inspector seizes plants or plant related products they may cleanse, treat, test, return subject to conditions or destroy them (s 43(4)(a)-(e)). The Chief Inspector may cause action to be taken and recover costs as a debt from the owner if the intended recipient cannot be located (s 9(4)). Owners face the risk of destruction or costly treatment with the costs recoverable in court. Compensation is discretionary under s 50 and no action lies to compel payment (s 50(3)), so owners are exposed to uncompensated losses in practice.

Accreditation and certification risks

Only accredited persons may issue assurance certificates (s 25). Accreditation conditions may require audits, record retention, and compliance with protocols and operational procedures (s 20(2)). Contravention attracts heavy penalties. Alterations to certificates are tightly controlled (s 25(4), s 45(6)). Businesses relying on assurance certificates need robust governance to prevent unauthorised issuance or alteration and must budget for ongoing accreditation fees and audit charges (s 21).

Director and governing body liability

Vicarious and derivative liabilities in s 54 expose members of governing bodies to criminal liability in certain circumstances. For prescribed offences and some other offences, the governing body’s members are automatically taken to be guilty unless they prove inability to prevent the offence. For other offences, the prosecution must prove knowledge of significant risk, influence over the body’s conduct and failure to exercise due diligence. The director liability regime imposes a compliance management expectation on corporations.

Evidentiary presumptions and burden shifts

Ministerial certificates and allegations in complaints are proof in the absence of proof to the contrary (s 55). Practically, this shifts the evidential burden onto the defendant to produce contrary evidence. Defendants must therefore maintain documentary and scientific records capable of rebutting presumptions about pest presence, origin and compliance.

Time limits and strict procedural windows

Review to the Minister must be made within 28 days (s 35(2)), and a review by the Tribunal must generally be commenced within 28 days of the Minister’s decision (s 36(2)). Failure to meet these strict timeframes effectively forecloses review avenues.

Self‑incrimination with limited protection

While s 52 makes compelled answers or documents inadmissible in later prosecutions except for false or misleading statement offences, it does not prevent inspectors from compelling answers. Providing inaccurate or incomplete answers may give rise to separate s 51 offences for false or misleading statements with penalties up to $10,000. Advice to staff about how to respond to inspector enquiries must be carefully managed.

Continuing offences

The Act allows daily penalties for continuing offences (s 57), which can greatly multiply exposure if a contravention persists. Quick remedial action upon detection of non‑compliance is therefore essential.

Administrative compensation is discretionary

Although s 50 permits compensation for losses directly caused by notices or orders, the Minister’s power is discretionary and not legally enforceable. Affected persons cannot compel the Minister to pay and must meet administrative evidentiary standards in their application.

These concrete statutory features are points where operational processes, record‑keeping, rapid response capabilities, and legal advice are commonly necessary to avoid significant risk.

Compliance under the Plant Health Act 2009 requires both programme design and day‑to‑day operational discipline. The statutory text specifies particular obligations; this section maps those requirements into practical compliance steps with references to the governing provisions.

Monitoring, detection and immediate reporting (s 6)

Implement active surveillance and clear reporting protocols to ensure any staff or contractors who know or have reason to suspect pest‑affection promptly report to the designated inspector by the quickest practicable means (s 6(1)(a)). Given the deeming in s 6(4) for persons who grow, propagate or process plants for profit, producers must maintain records and sampling data to rebut the deeming if required.

Liaison with the Chief Inspector and Ministerial notices (ss 4, 5, 7, 8)

Subscribe to and monitor Gazette notices under ss 4, 5, 7 and 8. The Minister may declare pests, plant related products, quarantine stations and areas by Gazette notice and may impose conditions or prohibit movements. Compliance teams should maintain a register of relevant notices, assess their operational impact, and brief commercial teams about route or product constraints.

Accreditation if issuing assurance certificates (ss 16-25)

If your business intends to issue assurance certificates or verify packaging/labels, apply for accreditation under s 16 and meet suitability requirements in s 17. Maintain the records and compliance protocols specified in s 20, prepare for audits under s 37, and budget for annual fees and returns under s 21. Any conditions imposed must be strictly observed,contraventions attract substantial penalties (s 20(3), s 25).

Registration if importing commercially (ss 26-33)

Operators who bring plants or plant related products into the State for sale or other commercial purposes must register as importers under Division 3 (s 26). Prepare the documentation required by the Minister, ensure directors meet suitability criteria (s 27), and comply with conditions imposed under s 28. Lodge annual returns and pay fees under s 29; non‑payment can lead to suspension or cancellation (s 29(3)).

Manifests and movement documentation (s 14)

Before bringing consignments into the State or transhipping through the State for sale, lodge manifests conforming to Ministerial requirements (s 14(1)-(2)). Maintain copies of manifests and be able to produce them at quarantine stations or on inspector request (s 14(3)). Integrate manifest procedures into transport and customs handling systems.

Packaging and labelling compliance (ss 12-13)

Ensure packaging for fruit, vegetables and nuts is in good repair, clean and properly labelled as required by regulations (s 12). Do not reuse packaging unless compliant with the regulations (s 12(2)). For plants sold for propagation, ensure prescribed labelling accompanies sale (s 13). Keep records of suppliers and cleaning/treatment of packaging to demonstrate compliance.

Preparedness for inspections and audits (ss 37-45)

Train staff to recognise and comply with inspector requests to produce documents and answer questions (s 43(1)(e), (q)). Maintain digital and hard copies of accreditation, registration, manifests, treatment logs, transport routes, and any assurance certificates. Ensure inspectors’ identity cards are requested and noted (s 42). Facilitate audits by approved auditors and maintain full audit trails to satisfy audit agreements under s 37.

Incident response and control measures (ss 9-11, 10)

Put in place an incident response plan addressing immediate measures to prevent spread (s 6(1)(c)), containment actions, and communication protocols with the Chief Inspector. Be ready to comply with orders requiring treatment, restricted movement, or destruction (s 9(2)(a)-(f)). Where urgent action is required, follow inspector directions anticipating that action may be taken under s 10.

Records, returns and financial planning (ss 20(2)(e), 21, 29)

Keep records required by accreditation or registration conditions (s 20(2)(e)). Lodge returns and pay periodic fees on schedule (ss 21(1), 29(1)). Non‑compliance with return and fee requirements may trigger suspension or cancellation (ss 21(3), 29(3)). Budget for audit charges under audit agreements (s 37(4)(d)) and for potential costs of treatment or destruction which the Minister may seek to recover as a debt where action is taken (s 9(4), (8)).

Director and governance compliance (s 54)

Corporate officers should implement governance structures to monitor compliance, prevent foreseeable breaches, and document exercises of due diligence. Because s 54 exposes governing body members in certain circumstances, maintain minutes, compliance policies, training records and audit trail evidence showing active oversight.

Dealing with warrants and urgent entries (ss 43, 47)

Prepare protocols for employees and security staff to verify inspector identity cards and to require production of warrants. Where inspectors claim urgency, ensure any entry and seizure is promptly documented and legal counsel is notified. Preserve chain of custody and evidence of steps taken during and after inspectorial action.

Review and dispute handling (ss 35-36)

If a decision to refuse accreditation or registration, to impose conditions, or to suspend or cancel is made, apply to the Minister for internal review within 28 days (s 35(2)). If dissatisfied, prepare Tribunal proceedings within the time allowed under s 36. Request written reasons from the Minister under s 36(3) if necessary; the timing for Tribunal applications may run from receipt of reasons (s 36(4)).

Compensation claims (s 50)

Where loss arises from a Part 2 notice or order, prepare applications for compensation in the manner, form and with the evidence the Minister requires (s 50(2)). Understand that the Minister’s power to pay compensation is discretionary and that no action lies to compel payment (s 50(3)).

Legal and compliance documentation

Maintain templates for assurance certificates and plant health certificates only to be used in accordance with accreditation and inspector authorisation (s 19(1); s 45(1)). Record any authorisations to alter certificates in writing from the accredited person or inspector (s 25(4), s 45(6)).

Training and internal policies

Train staff on immediate reporting obligations (s 6), manifestation and packaging rules (ss 12-14), how to respond during inspections (s 43), and the requirement to keep accurate records. Ensure policies explicitly address false or misleading statement risks (s 51).

In short, compliance requires operational integration of surveillance, documentation (manifests, certificates, audit trails), regulatory monitoring for Ministerial notices and regulations, active cooperation with inspectors and auditors, and corporate governance processes to mitigate director exposure. Regular legal reviews should ensure accreditation and registration conditions are met and that staff are trained to respond to inspectors and emergency actions under the Act.

Plant Health Act 2009

Plain English Summary

Deep Dive

What it does

Current sections

Plant Health Act 2009

Source text: opening excerpt

1 Plant Health Act 2009

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply