PLANT HEALTH REGULATIONS 2011 (Northern Territory)

These Regulations set out granular prohibitions, conditions and administrative mechanisms governing the introduction into, and export from, the Northern Territory of plants and plant-related materials under the Plant Health Act 2008. Mechanically, they do three things.

First, they create plant- and material-specific entry rules. The instrument lists specific pests and host plants and then conditions introduction on possession of specified documentary assurances (government certificates, interstate assurance certificates or area freedom certificates), or the issue of a permit for introduction (for example, ants in potting mix, reg 7; fruit flies, regs 8-9; soil borne pests, reg 12 and Schedule 1; grape phylloxera, reg 17; potato cyst nematode, reg 22). Those assurances must be in force at the time of introduction (reg 27) and, where required, certify particular inspection, testing or treatment results (see regs 7(2)(b), 8(2), 12(3)-(4), 17(3)(c), 22(2)(c)).

Second, the Regulations give the Chief Inspector formal powers to manage exceptions and technical standards. The Chief Inspector may issue permits for introduction (reg 36) and export permits (reg 36A), approve inspection, test and treatment methods and impose conditions (reg 40). The Chief Inspector must be satisfied that a permit will not expose the Territory to risk (reg 36(2)), and must ensure export permits will not contravene plant health requirements of the receiving jurisdiction (reg 36A(2)).

Third, the Regulations establish procedural and enforcement mechanics. Inspectors can require presentation of goods, documentation, and can accept electronic presentation (reg 37). They can issue infringement notices for specific offences identified in Schedule 3 (regs 30-35). The labelling requirements for consignments intended for sale are criminalised with a maximum penalty and declared an offence of strict liability (reg 38(2)-(6)). For a particular pest (Cucumber Green Mottle Mosaic Virus) the Regulations add farm biosecurity planning obligations on owners and control export (Part 2B, regs 26E-26K).

NORTHERN TERRITORY OF AUSTRALIA PLANT HEALTH REGULATIONS 2011 As in force at 23 May 2025 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 References to organisms ................................................................. 4 4A Regulation of plants and plant-related materials.............................. 4 Part 2 Control of pests on introduction of plants etc. into the Territory Division 1 Application of Part 6 Multiple requirements for plants....................................................... 5 Division 2 Requirements about particular pests 7 Ants in potting mix ........................................................................... 5 7A Ants in turf ....................................................................................... 6 8 Fruit flies – introduction of fruits of declared host plants into Territory ........................................................................................... 6 9 Fruit flies – introduction of fruits of declared host plants into accredited production places ........................................................... 7 10 Melon thrips ..................................................................................... 8 11 Scale insects and sucking insects ................................................... 9 12 Soil borne pests and snails – plants generally ................................. 9 Division 3 Requirements about particular plants 14 Avocado......................................................................................... 10 15 Banana, plantain and Manila hemp ............................................... 11 16 Citrus and Fortunella ..................................................................... 12 17 Grape plants .................................................................................. 12 18 Maize ............................................................................................. 14 19 Papaya .......................................................................................... 14 20 Passionfruit .................................................................................... 15 22 Potato ............................................................................................ 15 23 Soybean ........................................................................................ 16

Plant Health Regulations 2011 ii Division 4 Requirements about particular plant-related materials 24 Grape plant related equipment ...................................................... 17 25 Soil, compost and potting mix ........................................................ 17 25A Hay and other fodder ..................................................................... 18 26 Standards for certain plant-related materials ................................. 18 26B Control of tomato potato psyllid ..................................................... 19 26C Control of European house borer .................................................. 20 Part 2B Control of Cucumber Green Mottle Mosaic Virus 26E Application ..................................................................................... 21 26F Definitions ...................................................................................... 21 26G Prohibition of export from the Territory .......................................... 21 26H Owner must have farm biosecurity plan for host plant ................... 22 26J Owner must produce farm biosecurity plan to inspector ................ 22 26K Inspector may vary farm biosecurity plan ...................................... 22 Part 3 Certification of plant health 27 Certificates ..................................................................................... 22 28 Matters specified in certificate ....................................................... 22 29 Corresponding laws ....................................................................... 23 Part 4 Infringement notice and infringement notice offence 30 Infringement notice offence and prescribed amount payable ........ 23 31 When infringement notice may be given ........................................ 24 32 Contents of infringement notice ..................................................... 24 33 Payment by cheque ....................................................................... 25 34 Withdrawal of infringement notice.................................................. 25 35 Application of Part ......................................................................... 25 Part 5 Administrative matters 36 Permit for introduction ................................................................... 26 36A Export permit ................................................................................. 26 37 Inspector's powers for section 17 of the Act .................................. 26 38 Labelling of plants and plant products ........................................... 27 40 Approved inspection, test and treatment for pests......................... 28

Plant Health Regulations 2011 iii Schedule 1 Soil borne pests and snails Schedule 2 Pests relating to Musa or Ensete Schedule 3 Infringement notice offences and prescribed amounts ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 23 May 2025

PLANT HEALTH REGULATIONS 2011 Regulations under the Plant Health Act 2008 Part 1 Preliminary matters 1 Citation These Regulations may be cited as the Plant Health Regulations 2011. 2 Commencement These Regulations commence on the commencement of the Plant Health Act 2008. 3 Definitions In these Regulations: approved inspection means an inspection approved under regulation 40. approved test means a test approved under regulation 40. approved treatment means a treatment approved under regulation 40. area freedom certificate, in relation to a declared pest, means a certificate or other form of certification issued by a government official responsible for agriculture in a State or another Territory that certifies that the State or Territory, or a specified area of a State or another Territory, is free of the declared pest. bare-rooted, in relation to a plant, means the plant has no soil on or around its roots. compost means a mixture of one or both of following: (a) decaying organic matter;

Part 1 Preliminary matters Plant Health Regulations 2011 2 (b) decayed organic matter. corresponding law, see regulation 29. export permit means a permit issued under regulation 36A. government certificate, in relation to a plant or plant-related material being introduced into the Territory, means a certificate or other form of certification that: (a) certifies matters in relation to the plant or plant-related material; and (b) is issued by a government official responsible for agriculture in a State or another Territory. grape plant means the plant belonging to the genus Vitis. grape product means a product of crushing berries of a grape plant, including juice, skins, seeds, pulp and any incidentally crushed stems and leaves. grapevine material means any part of a grape plant, other than a grape product, table grape, wine grape or the dried berry. infringement notice, see regulation 31. infringement notice offence, see regulation 30(1). interstate assurance certificate, in relation to a plant or plant-related material being introduced into the Territory, means a certificate or other form of certification that: (a) is issued in the State or Territory where the plant was grown or the plant-related material was produced; and (b) is recognised in the Territory in accordance with section 45 of the Act as: (i) an assurance certificate made under a corresponding law in that State or Territory; or (ii) a document that is in the nature of an assurance certificate and made under a corresponding law in that State or Territory. introduction, of plants into the Territory, includes the importation or transportation of plants into the Territory (whether from another country, a State or another Territory).

Part 1 Preliminary matters Plant Health Regulations 2011 3 nursery stock means a plant that is grown for production of stock for planting elsewhere (including, for example, as household plants) or for sale. permit for introduction means a permit issued under regulation 36. PEZ, see regulation 17(7). Phylloxera Exclusion Zone means an area: (a) specified under a corresponding law as being free of the declared pest; or (b) recognised by the National Vine Health Steering Committee as being free of the declared pest. place of origin, for a plant to be introduced into the Territory, means the address of the place in which the plant was last grown before its transportation to the Territory. potting mix means a growing medium for plants that is composed of organic or inorganic components (or both), and includes sand, perlite, vermiculite, peat, woodchip and pine bark, but not soil. prescribed amount, see regulation 30(2). related scheme, for an interstate assurance certificate, means the scheme under which the certificate is made. sand means a naturally occurring granular material that: (a) is composed of worn, disintegrated or eroded rock and mineral particles; and (b) does not include any soil or organic matter. Examples 1 Washed river sand. 2 Deep mined sand. soil means the top layer of earth that is composed of rock, mineral particles and organic matter. table grapes means whole berries of a grape plant, intended for consumption while fresh, including stalks to which the berries are attached but not including leaves or any other part of a grape plant. turf means a layer of live grass, and includes sods, stolons, runners and roots.

Part 1 Preliminary matters Plant Health Regulations 2011 4 ware potato means potato grown for consumption (rather than as seeds or any other purposes). wine grapes means whole berries of a grape plant intended for the production of wine, including stalks to which the berries are attached but not including leaves or any other part of a grape plant. 4 References to organisms (1) In these Regulations, an organism is generally identified in the following order: (a) first, its scientific name (or a name that is generally accepted as the synonym of its scientific name); (b) secondly, its common name, or, if it is a pest, either its common name or a condition caused by it (see, for example, Schedule 1). (2) To avoid doubt, a reference in these Regulations to a pest includes a reference to the pest in any stage of its life cycle. Example for subregulation (2) A reference to a pest includes a reference to the pest as a larva. 4A Regulation of plants and plant-related materials For section 17 of the Act, Parts 2 and 2B of these Regulations prohibit, restrict and impose other requirements in relation to the introduction into the Territory and export from the Territory of plants and plant-related materials. Notes for regulation 4A 1 Any plant or plant-related material being introduced into the Territory from another country must also comply with the Biosecurity Act 2015 (Cth) and any other applicable Commonwealth legislation. 2 A contravention of a provision in Part 2 or 2B is an offence against section 17(6) of the Act.

Part 2 Control of pests on introduction of plants etc. into the Territory Division 2 Requirements about particular pests Plant Health Regulations 2011 5 Part 2 Control of pests on introduction of plants etc. into the Territory Division 1 Application of Part 6 Multiple requirements for plants If more than one provision applies to a plant under this Part, the operation of one provision does not affect the operation of the other provisions. Example for regulation 6 Plants of grapevine may be subject to the requirements of regulations 12 and 17. Division 2 Requirements about particular pests 7 Ants in potting mix (1) This regulation provides for the control of the following declared pests: (a) Anoplolepis gracilipes (Fr. Smith), also known as yellow crazy ant; (b) Linepithema humile (Mayr), also known as Argentine ant; (c) Solenopsis invicta (Buren), also known as red imported fire ant; (d) Wasmannia auropunctata (Roger), also known as electric ant. (2) A person must not introduce into the Territory a plant grown in potting mix unless: (a) the plant was grown in an area where an area freedom certificate for the declared pests is in force; or (b) a government certificate or interstate assurance certificate certifies that: (i) the plant was inspected and found to be not infested with the declared pests before it is introduced; or (ii) the place where the plant was grown is more than 5 km from the boundary of any area infested with the declared pests; or

Part 2 Control of pests on introduction of plants etc. into the Territory Division 2 Requirements about particular pests Plant Health Regulations 2011 6 (iii) the plant has undergone an approved treatment for the pests; or(c) the plant is introduced in accordance with a permit for introduction. 7A Ants in turf (1) This regulation provides for the control of the following declared pests: (a) Anoplolepis gracilipes (Fr. Smith), also known as yellow crazy ant; (b) Linepithema humile (Mayr), also known as Argentine ant; (c) Solenopsis invicta (Buren), also known as red imported fire ant; (d) Wasmannia auropunctata (Roger), also known as electric ant. (2) A person must not introduce into the Territory any turf unless: (a) the turf was grown in an area where an area freedom certificate for the declared pests is in force; or (ab) a government certificate or interstate assurance certificate certifies that the turf has undergone an approved treatment for the pests; or (b) the turf is introduced in accordance with a permit for introduction. 8 Fruit flies – introduction of fruits of declared host plants into Territory (1) This regulation applies in relation to the declared host plants of any of the pests specified in the following table: Item Scientific name Common name 1 Bactrocera musae (Tryon) banana fruit fly 2 Ceratitis capitata (Wiedemann) Mediterranean fruit fly (2) A person must not introduce into the Territory any declared host plant that consists of or includes fruit unless the plant is accompanied by a government certificate or an interstate assurance certificate specifying: (a) the place of origin of the plant is not infested with any of the pests; or

Part 2 Control of pests on introduction of plants etc. into the Territory Division 2 Requirements about particular pests Plant Health Regulations 2011 7 (b) the plant is part of a consignment that has been inspected and found to be not infested with the pests; or (c) the plant has undergone an approved treatment for the pests. 9 Fruit flies – introduction of fruits of declared host plants into accredited production places (1) This regulation applies in relation to the declared host plants of any of the pests specified in the following table: Item Scientific name Common name 1 Bactrocera aquilonis (May) Northern Territory fruit fly 2 Bactrocera musae (Tryon) banana fruit fly 3 Bactrocera tryoni (Froggatt) Queensland fruit fly 4 Ceratitis capitata (Wiedemann) Mediterranean fruit fly 5 Zeugodacus cucumis (French) cucumber fly (2) A person must not introduce into an accredited production place in the Territory a declared host plant that consists of or includes fruit. (3) Subregulation (2) does not apply if: (a) the plant is: (i) in transit through, and is not to be unloaded at, the accredited production place; and (ii) the plant is packaged and transported in a way that will reasonably prevent the spreading of any of the pests from the plant; or (b) the plant is accompanied by a government certificate specifying: (i) the place of origin of the plant is not infested with the pests and the plant is in transit to another place that is not infested with the pests; or (ii) the plant has undergone an approved treatment for the pests; or

Part 2 Control of pests on introduction of plants etc. into the Territory Division 2 Requirements about particular pests Plant Health Regulations 2011 8 (c) the plant is accompanied by an interstate assurance certificate specifying the plant: (i) is in transit from an accredited production place in the Territory for any of the declared host plants to another accredited production place for any of the declared host plants; or (ii) has undergone an approved treatment for the pests. 10 Melon thrips (1) This regulation applies in relation to the declared host plants of the pest Thrips palmi Karny (or melon thrips). (2) A person must not introduce a declared host plant into a part of the Territory that is: (a) an accredited production place for the plant; or (b) outside a quarantine place for the pest. (3) Subregulation (2) does not apply if the plant is accompanied by a government certificate or interstate assurance certificate specifying: (a) one of the following applies: (i) the place of origin of the plant has undergone an approved inspection for the pest and found to be not infested with the pest during the 6 months immediately before the plant was packed for transportation to the Territory; (ii) the place of origin of the plants has undergone an approved inspection for the pest and found to be not infested with the pest and is at least 100 km from the boundary of an area infested with the pest; or (b) before the plant is introduced into the part of the Territory mentioned in subregulation (2)(a) or (b), the plant: (i) has been inspected and found to be not infested with the pest; or (ii) has undergone an approved treatment for the pest.

Part 2 Control of pests on introduction of plants etc. into the Territory Division 2 Requirements about particular pests Plant Health Regulations 2011 9 11 Scale insects and sucking insects (1) This regulation provides for the control of a declared pest that belongs to: (a) the Superfamily Coccoidea; or (b) the Superfamily Aleyrodoidea. (2) A person must not introduce into the Territory any nursery stock unless: (a) the nursery stock was grown in an area where an area freedom certificate for the declared pests is in force; or (b) a government certificate or interstate assurance certificate certifies that the nursery stock was given an approved treatment for the declared pests before the stock is introduced; or (c) the nursery stock is introduced in accordance with a permit for introduction. 12 Soil borne pests and snails – plants generally (1) This regulation provides for the control of the declared pests specified in Schedule 1. (2) A person must not introduce a plant into the Territory unless: (a) the plant was grown in an area where an area freedom certificate for the declared pests is in force; or (b) the plant is completely free of soil and accompanied by: (i) a government certificate or interstate assurance certificate that certifies the matters required under subregulation (4); or (ii) an interstate assurance certificate that certifies the plant was grown and packed under the related scheme. Example for subregulation (2)(a) Plants that are bulbs and rhizomes must be bare-rooted and otherwise free of soil.

Part 2 Control of pests on introduction of plants etc. into the Territory Division 3 Requirements about particular plants Plant Health Regulations 2011 10 (3) If the plant is growing in a medium other than soil (for example, compost or potting mix), the person must not introduce the plant into the Territory unless: (a) both the medium and container for the medium are completely free of soil; and (b) the plant is accompanied by a government certificate or interstate assurance certificate specifying the plant: (i) has been inspected and found to be not infested with the pests specified in items 4 to 8 of Schedule 1; or (ii) has undergone an approved treatment for the pests; and (c) the plant is accompanied by: (i) a government certificate or interstate assurance certificate that certifies the matters required under subregulation (4); or (ii) an interstate assurance certificate that certifies the plant was grown and packed under the related scheme. (4) For subregulation (2)(b)(i) and (3)(c)(i), the plant must be accompanied by a government certificate or interstate assurance certificate specifying that the plant: (a) is free of visible symptoms of the pests specified in items 1, 3 and 9 to 15 of Schedule 1; and (b) for a plant other than a grape plant – was grown more than 50 m from a grape plant; and (ba) was grown more than 20 km from the boundary of any area infested with the pest specified in item 2 of Schedule 1; and (c) was grown and packed more than 25 km from the boundary of an area infested with the pest specified in item 4 of Schedule 1. Division 3 Requirements about particular plants 14 Avocado (1) This regulation applies to: (a) the plant Persea americana Mill. (or avocado); and

Part 2 Control of pests on introduction of plants etc. into the Territory Division 3 Requirements about particular plants Plant Health Regulations 2011 11 (b) the following pests: (i) the pest avocado sunblotch viroid, which causes the disease sunblotch; (ii) the pest Phytophthora cinnamomi Rands, which causes the disease top rot or dieback; (iii) the pest Verticillium dahliae Kleb, which causes the disease verticillium wilt (2) A person must not introduce into the Territory any plant (other than fruit) unless it is accompanied by: (a) a permit for introduction; and (b) a government certificate or interstate assurance certificate specifying: (i) the place of origin of the plant is not infected by any of the diseases; and (ii) for an interstate assurance certificate – the requirements under the related scheme for growing the plant have been met. 15 Banana, plantain and Manila hemp (1) This regulation applies to: (a) a plant belonging to the genera Musa (including, for example, banana, plantain, and Manila hemp) and Ensete (ornamental banana); and (b) the pests specified in Schedule 2. (2) A person must not introduce into the Territory a plant (other than fruit) unless: (a) the plant is accompanied by a permit for introduction; and (b) one or both of the following apply: (i) the plant consists of or includes a tissue culture grown in a laboratory under a scheme and is accompanied by an interstate assurance certificate specifying it is introduced into the Territory in the container in which it was grown in the laboratory;

Part 2 Control of pests on introduction of plants etc. into the Territory Division 3 Requirements about particular plants Plant Health Regulations 2011 12 (ii) the plant was originally grown as a tissue culture and is accompanied by an interstate assurance certificate specifying it has been grown out under the related scheme. (3) Despite subregulation (2), a person must not introduce into the Territory a plant that consists of or includes fruit if the place of origin of the plant: (a) is infected by banana black sigatoka; or (b) is within 50 km from the boundary of a place infected by banana black sigatoka. (4) A person must not transport from one part of the Territory to another part of the Territory a plant (other than fruit) if it is infested with the pests specified in Schedule 2. 16 Citrus and Fortunella (1) This regulation applies to: (a) a plant belonging to the genera Citrus and Fortunella; and (b) the pest sweet orange stem pitting strain (SOSP) of Citrus tristeza virus. (2) A person must not introduce into the Territory a plant (other than fruit) unless the plant is accompanied by a government certificate or interstate assurance certificate specifying: (a) the place of origin of the plant: (i) is not infested with the pest; and (ii) is at least 20 km from the boundary of any area infested with the pest during the immediately preceding 2 years; and (b) for an interstate assurance certificate – the requirements of the related scheme have been met in relation to the plant. 17 Grape plants (1) This regulation provides for the control of the declared pest Daktulosphaira vitifolii (Fitch) (grape phylloxera).

Part 2 Control of pests on introduction of plants etc. into the Territory Division 3 Requirements about particular plants Plant Health Regulations 2011 13 (3) A person must not introduce grapevine material into the Territory from a State or another Territory unless: (a) the grapevine material was grown in a Phylloxera Exclusion Zone or in an area where an area freedom certificate for the declared pest is in force; and (b) the grapevine material is introduced in accordance with a permit for introduction; and (c) in the case of grapevine material consisting of, or including, cuttings or rootlets – a government certificate or interstate assurance certificate certifies that the cuttings or rootlets were given an approved treatment for the declared pest before they are introduced. (4) A person must not introduce a grape product into the Territory unless: (a) a government certificate or interstate assurance certificate certifies that the grape product was grown in a Phylloxera Exclusion Zone; or (b) the grape product comes from an area where an area freedom certificate for the declared pest is in force. (5) A person must not introduce table grapes into the Territory unless: (a) a government certificate or interstate assurance certificate certifies that the table grapes were grown in a Phylloxera Exclusion Zone; or (b) the table grapes were grown in an area where an area freedom certificate for the declared pest is in force; or (c) the table grapes are introduced in accordance with a permit for introduction and a government certificate or interstate assurance certificate certifies that the table grapes were given an approved treatment for the declared pest before they are introduced. (6) A person must not introduce wine grapes into the Territory unless: (a) a government certificate or interstate assurance certificate certifies that the wine grapes were grown in a Phylloxera Exclusion Zone; or (b) the wine grapes were grown in an area where an area freedom certificate for the declared pest is in force.

Part 2 Control of pests on introduction of plants etc. into the Territory Division 3 Requirements about particular plants Plant Health Regulations 2011 14 18 Maize (1) This regulation applies to: (a) a plant belonging to the species Zea mays L.; and (b) the pest Ustilago maydis (DC.) Cda, which causes the disease boil smut. (2) A person must not introduce into the Territory a plant that consists of or includes maize seeds (other than sweet corn) from New South Wales or Queensland unless it is accompanied by a government certificate specifying: (a) it has undergone an approved treatment for the pest; or (b) both of the following: (i) its place of origin is not infected by boil smut; (ii) it was cleaned and packed in premises that have not been used for handling maize seeds that originated from areas infected by boil smut. 19 Papaya (1) This regulation applies to: (a) a plant belonging to the species Carica papaya L.; and (b) the following pests: (i) Asperisporium caricae (Speg.) Maubl, which causes the disease papaya black spot; (ii) papaya strain of the Papaya ring spot virus, which causes the disease papaya ring spot. (2) A person must not introduce into the Territory a plant whose place of origin is infected by any of the diseases unless it is accompanied by a government certificate or interstate assurance certificate specifying: (a) it has undergone an approved inspection for the pests and found to be free of the symptoms of the pests; and (b) if its place of origin is infected by papaya black spot – it has undergone an approved treatment for the pest Asperisporium caricae (Speg.) Maubl.

Part 2 Control of pests on introduction of plants etc. into the Territory Division 3 Requirements about particular plants Plant Health Regulations 2011 15 20 Passionfruit (1) This regulation applies to: (a) a plant belonging to the genus Passiflora; and (b) the pest Passionfruit woodiness virus. (2) A person must not introduce to the Territory a plant (other than fruit) unless it is accompanied by a government certificate or interstate assurance certificate specifying: (a) its place of origin is not infested with the pest; and (b) it has undergone an approved inspection for the pest and found not to be infested with the pest; and (c) for an interstate assurance certificate – the requirements under the related scheme for growing the plant have been met. 22 Potato (1) This regulation applies to: (a) a plant belonging to the genus Solanum tuberosum L.; and (b) the pest Globodera rostochiensis (Woll.) Skarbilovich (or potato cyst nematode). (2) A person must not introduce into the Territory a plant that consists of or includes seed potatoes unless: (a) it is accompanied by a permit for introduction; and (b) it is accompanied by a government certificate or interstate assurance certificate specifying its place of origin is not: (i) infested with, or within 20 km of the boundary of an area infested with, the pest; or (ii) linked to an area that was infested with the pest (see subregulation (5)); and (c) the government certificate or interstate assurance certificate also specifies that the plant: (i) has undergone an approved test for the pest and found to be not infested with the pest; and (ii) has undergone an approved treatment for the pest.

Part 2 Control of pests on introduction of plants etc. into the Territory Division 3 Requirements about particular plants Plant Health Regulations 2011 16 (2A) Subregulation (2) does not apply in relation to a plant that consists of or includes seed potatoes if the plant was grown in an area where an area freedom certificate for the declared pests is in force. (3) A person must not introduce into the Territory a plant that consists of or includes ware potatoes unless: (a) its place of origin is not infested with the pest and is not within 20 km of the boundary of an area infested with the pest; and (b) if its place of origin is linked to an area infested with the pest at the time of the introduction – the plant is accompanied by a permit for introduction; and (c) the plant has undergone an approved treatment for the pest. (3A) Subregulation (3) does not apply in relation to a plant that consists of or includes ware potatoes if the plant was grown in an area where an area freedom certificate for the declared pests is in force. (4) A person must not introduce into the Territory a plant that is intended for propagation (but does not consist of or include seed potato) unless: (a) it was grown as a tissue culture in a laboratory registered under a scheme; and (b) it is in the original sealed container; and (c) it is accompanied by a permit for introduction. (5) For subregulation (2)(b)(ii), a place is linked to an area infested with the pest if the place has shared ownership, shared equipment, shared seed, shared boundaries or shared drainage with that area. 23 Soybean (1) This regulation applies to a plant belonging to the species Glycine max (L.) Merr for the control of the pest Phytophthora sojae Kaufmann & Gerdemann, which causes phytopthora rot. (2) A person must not introduce into the Territory a plant that consists of or includes seed for sowing unless it is accompanied by a permit for introduction.

Part 2 Control of pests on introduction of plants etc. into the Territory Division 4 Requirements about particular plant-related materials Plant Health Regulations 2011 17 Division 4 Requirements about particular plant-related materials 24 Grape plant related equipment (1) This regulation provides for the control of the declared pest Daktulosphaira vitifolii (Fitch) (grape phylloxera). (2) Despite regulation 26, a person must not introduce any equipment used in a vineyard into the Territory unless: (a) the equipment is introduced in accordance with a permit for introduction; and (b) a government certificate or interstate assurance certificate certifies that the equipment: (i) was in a Phylloxera Exclusion Zone for each of the 14 days immediately before it is introduced; or (ii) was given an approved treatment for the declared pest before it is introduced. Examples for subregulation (2) Grape harvesters, hand tools, grape bins and used trellis posts. 25 Soil, compost and potting mix (1) This regulation applies in relation to any declared pest that may be introduced in soil, compost or potting mix, including a pest specified in regulation 7(1) or Schedule 1. (2) A person must not introduce soil into the Territory unless it is accompanied by a permit for introduction. (3) Subregulation (2) does not apply if: (a) soil is introduced into the Territory because it is attached to ware potatoes introduced into the Territory under regulation 22; or (b) both of the following apply: (i) soil is introduced into the Territory through dust attached to the surface of a vehicle, equipment or footwear entering into the Territory; (ii) the person who has control over the vehicle, equipment or footwear does not intend to introduce the soil into the Territory and has exercised reasonable caution in preventing the introduction.

Part 2 Control of pests on introduction of plants etc. into the Territory Division 4 Requirements about particular plant-related materials Plant Health Regulations 2011 18 (4) A person must not introduce compost or potting mix that is packaged or in bulk into the Territory (other than compost or potting mix in which plants are being grown) unless: (a) it is accompanied by a government certificate specifying it was manufactured in accordance with the requirements in the relevant Australian Standard; or (b) it was manufactured in accordance with the requirements in the relevant Australian Standard and is clearly labelled as such. (5) In this regulation: relevant Australian Standard means: (a) for compost – Australian Standard AS 4454 as in force from time to time; and (b) for potting mix – Australian Standard AS 3743 as in force from time to time. 25A Hay and other fodder (1) This regulation provides for the control of the declared pests specified in regulation 7(1) and Schedule 1. (2) A person must not introduce hay or other fodder into the Territory unless: (a) the hay or fodder was grown in an area where an area freedom certificate for the declared pests is in force; or (b) the hay or fodder is introduced in accordance with a permit for introduction. 26 Standards for certain plant-related materials (1) This regulation provides for the control of all declared pests. (2) A person must not introduce the following plant-related material into the Territory except in accordance with a permit for introduction: (a) used packaging of a plant or plant product; (b) used containers or pallets that might reasonably be affected by a declared pest; (c) used agricultural equipment;

Part 2 Control of pests on introduction of plants etc. into the Territory Division 4 Requirements about particular plant-related materials Plant Health Regulations 2011 19 (d) used earth moving equipment. Example for subregulation (2)(c) Equipment used to harvest mangos. (3) For subregulation (2)(c) and (d), agricultural equipment or earth moving equipment is taken to be used even if it was used only for field tests or factory trials. (4) To meet the test for issuing a permit under regulation 36(2), a government certificate or interstate assurance certificate certifying at least one of the following is sufficient to establish that the introduction of the plant-related material will not expose the Territory to the risk of infestation of declared pests: (a) that the material was given an approved treatment for declared pests before it is introduced; (b) that the material was cleaned in an approved manner to remove all soil, plant residue, declared pests and any other matter that may transport declared pests before it is introduced. Note for regulation 26 In the case of equipment used in a vineyard, the equipment must comply with regulation 24. 26B Control of tomato potato psyllid (1) This regulation provides for the control of the declared pest Bactericera cockerelli, also known as tomato potato psyllid. (2) A person must not introduce into the Territory a declared host plant for tomato potato psyllid unless: (a) the host plant was grown in an area where an area freedom certificate for the declared pest is in force; or (b) a government certificate or interstate assurance certificate certifies that the host plant was, before it is introduced: (i) given an approved treatment for tomato potato psyllid; and (ii) given an approved inspection for tomato potato psyllid and found not to be infested with that pest; and (iii) packed in an approved manner; or

Part 2 Control of pests on introduction of plants etc. into the Territory Division 4 Requirements about particular plant-related materials Plant Health Regulations 2011 20 (c) the host plant is introduced in accordance with a permit for introduction. (3) The inspection specified in subregulation (2)(b)(ii) is not required if the declared host plant is fumigated before it is introduced. 26C Control of European house borer (1) This regulation provides for the control of the declared pest Hylotrupes bajulus, also known as European house borer. (2) A person must not introduce into the Territory a plant or plant-related material specified in subregulation (3) unless: (a) it was grown in or comes from an area where an area freedom certificate for the declared pest is in force; or (b) a government certificate or interstate assurance certificate certifies that it was given an approved treatment for European house borer within 72 hours before it is introduced; or (c) it is introduced in accordance with a permit for introduction. (3) Subregulation (2) applies to the following: (a) a tree of the genus Abies, Araucaria, Picea, Pinus or Pseudotsuga; (b) any wood or wood product made from a tree of the genus Abies, Araucaria, Picea, Pinus or Pseudotsuga. (4) However, subregulation (2) does not apply to the following: (a) any wood product made only of heartwood; (b) any wood product made only of reconstituted wood; (c) wooden household goods or furniture introduced by or on behalf of a person for the personal use of the person or a member of the person's household in the Territory; (d) any wood less than 100 cm2 in volume; (e) any wood less than 4 mm thick; (f) any wood treated with a preservative effective against European house borer in accordance with the Australian Standard for Preservative Treatments of Timber (AS 1604);

Part 2B Control of Cucumber Green Mottle Mosaic Virus Plant Health Regulations 2011 21 (g) wooden pallets or packaging material from a supplier approved under a compliance scheme administered by Western Australia's Department of Primary Industries and Regional Development. Example for subregulation (4)(c) The home furniture shipped by a family moving to the Territory. Part 2B Control of Cucumber Green Mottle Mosaic Virus 26E Application This Part applies: (a) if Cucumber Green Mottle Mosaic Virus is a declared pest under the Act; and (b) to a person who is the owner of a host plant and who grows it for sale or export. 26F Definitions In this Part: farm biosecurity plan means a plan by an owner of a host plant that specifies how the owner will manage the host plant at a place to minimise the risk of infestation or spreading of Cucumber Green Mottle Mosaic Virus in the Territory. host plant means a declared host plant for Cucumber Green Mottle Mosaic Virus. 26G Prohibition of export from the Territory A person must not export from the Territory a host plant or the following plant-related material of the host plant unless the person does so in accordance with a written permit given by the Chief Inspector: (a) seeds; (b) seedlings; (c) tissue culture;

Part 3 Certification of plant health Plant Health Regulations 2011 22 (d) bee hives. Note for regulation 26G Failure to comply with this regulation is an offence under section 17(6) of the Act. 26H Owner must have farm biosecurity plan for host plant (1) An owner of a host plant must: (a) have a farm biosecurity plan for the host plant; and (b) comply with the farm biosecurity plan for the host plant. (2) If an owner of a host plant has host plants at more than one place, the owner must have a farm biosecurity plan for each place. Note for regulation 26H Failure to comply with this regulation is an offence under section 17(6) of the Act. 26J Owner must produce farm biosecurity plan to inspector The owner of a host plant must produce the farm biosecurity plan for the host plant to an inspector on request. Note for regulation 26J Failure to comply with this regulation is an offence under section 17(6) of the Act. 26K Inspector may vary farm biosecurity plan An inspector may, by written notice to the owner of a host plant, vary a farm biosecurity plan that applies to the owner. Part 3 Certification of plant health 27 Certificates A government certificate or interstate assurance certificate required under these Regulations must be in force at the time of introduction. 28 Matters specified in certificate (1) If a government certificate or interstate assurance certificate is required by these Regulations to accompany a plant or plant- related material, the certificate must specify the name of each plant (together with its genus and species) to which the certificate relates. (2) Despite subregulation (1) and other provisions of these Regulations, if a government certificate or interstate assurance certificate accompanies a consignment of plants or plant-related

Part 4 Infringement notice and infringement notice offence Plant Health Regulations 2011 23 materials, the certificate is taken to accompany each of the plants or materials if it specifies the name of the genus and species shared by all the plants to which the consignment relates. (3) For subregulations (1) and (2), a name required to be specified in the certificate may be specified in a document attached to the certificate. (4) In addition, for section 36(3) of the Act, in giving an inspection certificate for a thing or place, an inspector may specify the result of the inspection and any examination and treatment carried out in connection with the inspection in the certificate. 29 Corresponding laws For section 45 of the Act, each of the following is declared to be a corresponding law: (a) Biosecurity Act 2015 (NSW); (b) Biosecurity Act 2014 (Qld); (c) Biosecurity Act 2019 (Tas); (d) Biosecurity and Agriculture Management Act 2007 (WA); (e) Pest Plants and Animals Act 2005 (ACT) and Plant Diseases Act 2002 (ACT); (f) Plant Biosecurity Act 2010 (Vic); (g) Plant Health Act 2009 (SA). Part 4 Infringement notice and infringement notice offence 30 Infringement notice offence and prescribed amount payable (1) An infringement notice offence is an offence against a provision specified in Schedule 3. (2) The prescribed amount payable for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 3.

Part 4 Infringement notice and infringement notice offence Plant Health Regulations 2011 24 31 When infringement notice may be given If an inspector reasonably believes a person has committed an infringement notice offence, the inspector may give a notice (an infringement notice) to the person. 32 Contents of infringement notice (1) The infringement notice must specify the following: (a) the name and address of the person, if known; (b) the date the infringement notice is given to the person; (c) the date, time and place of the infringement notice offence; (d) a description of the offence; (e) the prescribed amount payable for the offence; (f) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to whom the prescribed amount is payable. (2) The infringement notice must include a statement to the effect of the following: (a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given; (b) the person may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency; (c) if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001, including (but not limited to) action for the following: (i) suspending the person's licence to drive; (ii) seizing personal property of the person; (iii) deducting an amount from the person's wages or salary; (iv) registering a statutory charge on land owned by the person;

Part 4 Infringement notice and infringement notice offence Plant Health Regulations 2011 25 (v) making a community work order for the person and imprisonment of the person if the person breaches the order. (3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b). 33 Payment by cheque If the person tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation. 34 Withdrawal of infringement notice (1) The Chief Inspector may withdraw the infringement notice by written notice given to the person. (2) The notice must be given: (a) within 28 days after the infringement notice is given to the person; and (b) before payment of the prescribed amount. 35 Application of Part (1) This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated. (2) Also, this Part does not: (a) require an infringement notice to be given; or (b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or (c) prevent more than one infringement notice for the same offence being given to a person. (3) If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.

Part 5 Administrative matters Plant Health Regulations 2011 26 Part 5 Administrative matters 36 Permit for introduction (1) For these Regulations, the Chief Inspector may issue to a person a permit for introduction into the Territory from a State or another Territory of specified plants or plant-related materials. (2) The Chief Inspector may do so only if satisfied the introduction will not expose the Territory to the risk of infestation of any declared pest. (3) A permit for introduction may be subject to conditions imposed by the Chief Inspector. 36A Export permit (1) For these Regulations, the Chief Inspector may issue an export permit to a person to export specified plants or plant-related materials from the Territory to a State or another Territory. (2) The Chief Inspector must not issue an export permit unless satisfied the export will not contravene any plant health or bio-security requirements of the State or the other Territory. (3) An export permit may be subject to conditions imposed by the Chief Inspector. 37 Inspector's powers for section 17 of the Act (1) For section 17 of the Act, a Gazette notice under that section or Parts 1 and 2 of these Regulations, an inspector may require a person introducing a thing into the Territory to do any of the following: (a) present the thing to an inspector for examination; (b) present a government certificate, interstate assurance certificate or permit for introduction required by the notice or these Regulations to accompany the thing. (2) The inspector may exercise the power under subregulation (1) in a way decided by the inspector (including, for example, by requiring the presentation of a government certificate by email or in another specified electronic form).

Part 5 Administrative matters Plant Health Regulations 2011 27 38 Labelling of plants and plant products (1) This regulation applies to any of the following that are consigned to be transported to the Territory for sale in the Territory: (a) plants that are nursery stock; (b) plants intended to be used for propagation; (c) plants that are consigned as farm produce (plant products), other than any processed or manufactured goods derived from plants. (2) When the plants or plant products are introduced into the Territory, a label meeting the requirements of subregulations (3) and (4) must be attached to: (a) the packaging for the plants or plant products; or (b) the plants or plant products if they do not have any packaging. (3) The following information must be included in the label: (a) a description of the plants or plant products; (b) the name and address of the consignor, grower, packer or consignee for the plants or plant products; (c) the place where the plants, or plants used in making the plant products, were grown; (d) the date the plants or plant products were packed for transportation to the Territory; (e) if the plants or plant products have been produced under a plant health assurance scheme – the information required by the scheme. (4) In addition, the information must be: (a) in English; and (b) clear and legible; and (c) in lettering no less than 5 mm in height.

Part 5 Administrative matters Plant Health Regulations 2011 28 (5) A person who consigns plants or plant products to be transported to the Territory as mentioned in subregulation (1) commits an offence if subregulation (2), (3) or (4) is contravened in relation to the plants or plant products. Maximum penalty: 200 penalty units. (6) An offence against subregulation (5) is an offence of strict liability. (7) It is a defence to a prosecution for an offence against subsection (5) if the defendant establishes a reasonable excuse. (8) In this regulation: packaging includes any container (for example, crate and carton) and any kind of covering for individual plants, plant products or a collection of plants or plant products. 40 Approved inspection, test and treatment for pests (1) For these Regulations, the Chief Inspector may, in writing, approve the way in which any of the following is to be carried out: (a) a specified inspection for the detection of the presence of a specified pest; (b) a specified test for the detection of the presence of a specified pest; (c) a specified treatment for the control of a specified pest. (2) However, the Chief Inspector must be satisfied about one or more of the following before doing so: (a) the inspection, test or treatment is specified in a code, standard or protocol (whatever it is called) as currently in force for detecting or controlling (as appropriate) the pest; (b) the inspection, test or treatment is being used for a law of the Commonwealth, a State or another Territory for detecting or controlling (as appropriate) the pest; (c) the inspection, test or treatment involves the use of a product in a way that corresponds with the instructions specified by the manufacturer of the product for detecting or controlling (as appropriate) the pest in a document accompanying the product;

Part 5 Administrative matters Plant Health Regulations 2011 29 (d) the inspection, test or treatment involves the use of a product in a way that corresponds with a provision in or under a law of the Commonwealth, a State or another Territory for detecting or controlling (as appropriate) the pest; (e) the inspection, test or treatment reasonably corresponds with generally accepted scientific view about detecting or controlling (as appropriate) the pest. Example for subregulation (2)(a) and (b) A treatment specified under or for the Agricultural and Veterinary Chemicals Code Act 1994 (Cth).

Schedule 1 Soil borne pests and snails Plant Health Regulations 2011 30 Schedule 1 Soil borne pests and snails regulation 12(1) Item Scientific name of pest Common name of, or condition caused by, pest 1 Daktulosphaira vitifolii (Fitch) grape phylloxera 2 Globodera rostochiensis (Woll.) Skarbilovich potato cyst nematode 3 Phytophthora cinnamomi Rands top rot or die back 4 Cantareus apertus (Born) Schultes green snail 5 Cernuella virgata (Da Costa) vineyard snail or common white snail 6 Cochlicella acuta (Müller) pointed snail or conical snail 7 Prietocella barbara (Linnaeus) small pointed snail or small conical snail 8 Theba pisana (Müller) white Italian snail 9 Fusarium oxysporum f.sp. cucumerinum J.H. Owen cucumber fusarium wilt 10 Fusarium oxysporum f. sp. lycopersici W. C. Snyder & H. N. Hansen tomato fusarium wilt 11 Fusarium oxysporum f.sp. melonis (Leach & Currence) Snyder & Hansen rockmelon fusarium wilt 12 Fusarium oxysporum f.sp. niveum (E.F. Sm.) Snyder & H.N. Hansen watermelon fusarium wilt 13 Fusarium oxysporum f. sp. passiflorae W.L. Gordon passionfruit fusarium wilt 14 Fusarium oxysporum f.sp. pisi (Linford) Snyder & Hansen pea fusarium wilt

Schedule 1 Soil borne pests and snails Plant Health Regulations 2011 31 15 Fusarium oxysporum f.sp. vasinfectum (G.F. Atk.) W.C. Snyder & H.N. Hansen cotton fusarium wilt

Schedule 2 Pests relating to Musa or Ensete Plant Health Regulations 2011 32 Schedule 2 Pests relating to Musa or Ensete regulation 15(1)(b) Scientific name of pest Common name of, or condition caused by, pest Banana bract mosaic virus banana bract mosaic Banana streak virus banana streak Banana bunchy top virus banana bunchy top Cosmopolites sordidus (Germar) banana weevil borer or banana root weevil Cucumber mosaic virus banana infectious chlorosis Erwinia chrysanthemi Burkholder, McFadden & Dimock banana corm and rhizome rot Fusarium oxysporum Schlecht. ex Fries f.sp. cubense (E.F. Smith) Snyder & Hansen. Race 1, Race 2, Race 4 and Tropical Race 4 banana fusarium wilt Guignardia musae Racib banana freckle Helicotylenchus multicinctus (Cobb) Golden spiral nematode Mycosphaerella eumusae Crous & Mour eumusae leaf spot Mycosphaerella fijiensis M. Morelet banana black sigatoka Radopholus similis (Cobb) Thorne burrowing nematode or banana root nematode Ralstonia solanacearum (Smith) Yabuuchi et al. biovar 1 or race 2 banana bacterial wilt or bugtok or moko disease of banana

Schedule 3 Infringement notice offences and prescribed amounts Plant Health Regulations 2011 33 Schedule 3 Infringement notice offences and prescribed amounts regulation 30(2) Provision Prescribed amount in penalty units section 19(6) of Act 5 section 25(3) of Act 3 section 27(3) of Act 2 section 28(3) of Act 2 section 37(6) of Act 3

ENDNOTES Plant Health Regulations 2011 34 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Plant Health Regulations (SL No. 20, 2011) Notified 18 May 2011 Commenced 1 July 2011 (r 2, s 2 Plant Health Act 2008 (Act No. 37, 2008) and Gaz G26, 29 June 2011, p 2) Plant Health Amendment (Soil Borne Pests and Snails) Regulations 2012 (SL No. 4, 2012) Notified 8 February 2012 Commenced 8 February 2012 Plant Health Amendment Regulations 2014 (SL No. 36, 2014) Notified 11 November 2014 Commenced 11 November 2014 Plant Health Amendment (Control of Cucumber Green Mottle Mosaic Virus) Regulations 2016 (SL No. 2, 2016) Notified 10 March 2016 Commenced 10 March 2016 Plant Health Amendment Regulations 2017 (SL No. 22, 2017) Notified 4 July 2017 Commenced 4 July 2017 Plant Health Amendment Regulations 2019 (SL No. 23, 2019) Notified 21 August 2019 Commenced 21 August 2019 Plant Health Amendment Regulations 2020 (SL No. 18, 2020) Notified 1 July 2020 Commenced 1 July 2020

ENDNOTES Plant Health Regulations 2011 35 Statute Law Revision Act (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Plant Health Amendment Regulations 2021 (SL No. 20, 2021) Notified 22 December 2021 Commenced 22 December 2021 Agriculture Legislation Amendment Regulations 2025 (SL No. 4, 2025) Notified 22 May 2025 Commenced 23 May 2025 (r 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 32. 4 LIST OF AMENDMENTS r 3 amd No. 36, 2014, r 3, No. 22, 2017, r 3; No. 18, 2020, r 4; Act No. 26, 2020, s 3 r 4A ins No. 18, 2020, r 5 r 5 rep No. 18, 2020, r 6 r 7 sub No. 18, 2020, r 7 amd No. 4, 2025, r 35 r 7A ins No. 18, 2020, r 7 amd No. 4, 2025, r 36 r 8 amd No. 18, 2020 r 18 r 9 amd No. 18, 2020 r 18; No. 4, 2025, r 37 r 10 amd No. 18, 2020 r 18 r 11 sub No. 18, 2020, r 8 pt 2 hdg amd No. 36, 2014, r 4 r 12 sub No. 4, 2012, r 3 amd No. 18, 2020, r 9; No. 4, 2025, r 38 r 13 amd No. 18, 2020 r 18 rep No. 20, 2021, r 4 rr 14 – 16 amd No. 18, 2020 r 18 r 17 sub No. 18, 2020, r 10 amd No. 4, 2025, r 39 rr 19 – 20 amd No. 18, 2020 r 18 r 21 rep No. 23, 2019, r 4 r 22 amd No. 18, 2020 r 18; No. 4, 2025, r 40 r 24 sub No. 18, 2020, r 11 r 25A ins No. 18, 2020, r 12 r 26 sub No. 18, 2020, r 12 pt 2A hdg ins No. 36, 2014, r 5 rep No. 18, 2020, r 12 r 26A ins No. 36, 2014, r 5 amd No. 18, 2020, r 12 rep No. 20, 2021, r 4 r 26B ins No. 36, 2014, r 5 amd No. 22, 2017, r 4 sub No. 18, 2020, r 12 r 26C sub No. 18, 2020, r 12

ENDNOTES Plant Health Regulations 2011 36 r 26D ins No. 36, 2014, r 5 rep No. 22, 2017, r 5 pt 2B hdg ins No. 2, 2016, r 3 rr 26E – 26K ins No. 2, 2016, r 3 r 27 sub No. 18, 2020, r 13 r 28 amd No. 18, 2020 r 18 r 29 sub No. 18, 2020, r 14 r 30 amd No. 36, 2014, r 6 r 36 amd No. 18, 2020, r 15 r 36A ins No. 18, 2020, r 16 r 37 amd No. 18, 2020 r 18 r 39 rep No. 18, 2020, r 17 sch 3 amd No. 36, 2014, r 7

1 PLANT HEALTH REGULATIONS 2011

The Regulations organise their controls around a small set of legal and operational concepts. Understanding these is essential to reading any specific clause.

Declared pests and host plants: The Regulations operate by reference to named pests and host plants. For example, specific ants are listed in reg 7, melon thrips in reg 10, tomato potato psyllid in reg 26B, and a list of soil-borne pests and snails is compiled in Schedule 1. The control measures target either the pest, the host plant, or plant-related materials that can carry the pest (reg 4(1)-(2); Schedule 1).
Documentary assurances: The instrument repeatedly conditions lawful introduction on possession of one or more of the following: an area freedom certificate (issued by a government official in another State or Territory), a government certificate, or an interstate assurance certificate (definitions in reg 3; requirement that such certificates be in force at introduction in reg 27). These certificates must often specify specific findings (for example, that consignments were inspected and found not to be infested, or that approved treatments were applied; see regs 7(2)(b)(i)-(iii), 8(2)(a)-(c), 12(3)(b)).
Permits: The Chief Inspector may issue permits for introduction and export permits (regs 36, 36A). Permits are discretionary in the sense that the Chief Inspector must be satisfied the introduction/export will not expose the Territory to risk (reg 36(2)) or contravene the receiving jurisdiction’s requirements (reg 36A(2)). Permits may include conditions (regs 36(3), 36A(3)).
Approved inspections, tests and treatments: The Chief Inspector may approve specific methods for inspection, testing and treatment (reg 40(1)). The approval requires that the method corresponds with published codes, current laws elsewhere, manufacturers’ instructions, or accepted scientific practice (reg 40(2)(a)-(e)).
Inspectorial powers and documentary checks: Inspectors can require presentation of material for examination and documentary evidence, and they can accept electronic presentation (reg 37(1)-(2)). Inspectors also can vary farm biosecurity plans under Part 2B (reg 26K).
Labelling and packaging obligations: Consignors of plants for sale into the Territory must attach labels with specified information, minimum type size and clarity requirements (reg 38(2)-(4)); contraventions attract a maximum penalty and are strict liability offences (reg 38(5)-(7)).
Farm biosecurity plans for certain pests: Part 2B (regs 26E-26K) imposes obligations on owners of host plants for Cucumber Green Mottle Mosaic Virus to have, comply with, produce on request, and accept inspector variation of a written farm biosecurity plan. Part 2B also prohibits export without a written permit from the Chief Inspector (reg 26G).
Corresponding laws and interstate recognition: Regulation 29 lists State and Territory biosecurity Acts declared to be corresponding laws for recognition of interstate assurance certificates under s 45 of the Act. That mechanism permits reliance on equivalent interstate schemes rather than duplicative local approvals.
Multiple, cumulative requirements: Regulation 6 makes explicit that multiple provisions that apply to the same plant are cumulative. A consignment may therefore attract several documentary, treatment and permit obligations simultaneously.

These concepts are woven through the regulations to translate abstract legislative power under the Act into operational gates: certificates, treatments, permits, inspection approval and enforcement tools.

The Regulations allocate responsibilities and burdens along predictable lines. The principal affected parties are the following.

Importers, consignors and transporters of plants and plant-related materials into the Territory. The Regulations place documentary and practical obligations on any person who introduces a plant or plant-related material into the Territory from another State, Territory or country (see the definition of introduction in reg 3). That includes commercial importers, nurseries, produce suppliers, agricultural equipment movers and private householders moving certain goods. The labelling rules (reg 38) apply to consignments intended for sale in the Territory and therefore target commercial consignors.
Owners and growers of particular host plants within the Territory. Part 2B (regs 26E-26K) specifically targets owners who grow host plants for Cucumber Green Mottle Mosaic Virus for sale or export, obliging them to have and comply with a farm biosecurity plan, to produce it on request, and to accept inspector variation (regs 26H-26K). Other provisions limit movement of certain plants within the Territory (for example, regulation 15(4) prohibits transport within the Territory of Musa or Ensete plants infested by specified pests).
Producers and processors of plant-related materials that can carry pests. Producers of compost and potting mix must comply with Australian Standards or be accompanied by a government certificate (reg 25(4)). Suppliers of used agricultural equipment, used packaging, or earth-moving equipment face permit requirements unless they provide government or interstate assurance certificates or approved cleaning/treatment (reg 26(2)-(4)). Those in the vineyard equipment market are specifically regulated under reg 24.
Chief Inspector and inspectors. The Regulations vest decision-making power and operational responsibility in the Chief Inspector and inspectors. The Chief Inspector issues permits and export permits (regs 36, 36A), approves inspection/test/treatment methods (reg 40), and has discretion over conditions. Inspectors execute compliance checks, require presentation of consignments and documents, and may issue infringement notices (regs 37, 31-35).
Other Australian jurisdictions and their competent agricultural authorities. The regulatory scheme recognises government certificates and area freedom certificates issued by State or Territory officials (reg 3 definitions; reg 27). Regulation 29 lists corresponding laws in other jurisdictions for recognition of interstate assurance certificates, making those jurisdictions and their schemes operationally relevant.
Consumers and agricultural industry participants inside the Territory indirectly. The primary aim of the instrument is containment and exclusion of pests. Market participants within the Territory receive the protective benefit of reduced pest incursion risk while suppliers and importers pay compliance costs. The Regulations do not directly regulate consumer behaviour, but they can affect availability and sourcing of plants and plant products by restricting or conditioning introductions (see, for example, fruit restrictions under regs 8-9 and grape rules under reg 17).
Small businesses and hobbyists. The Regulations do not carve out explicit exemptions for small-scale operators or householders except in limited cases (examples only, such as wooden household goods for personal use are excluded from reg 26C(4)(c)). Otherwise, persons introducing regulated items must comply with the same documentation, treatment and labelling rules.

Overall, the compliance burden falls most directly on economic actors who move plants and plant-related materials across jurisdictional lines or sell them in the Territory. Decision-makers within government hold discretionary gatekeeping power through the Chief Inspector and inspectors.

The Regulations impose specific duties on persons introducing plants or plant-related materials and confer certain administrative rights on inspectors and the Chief Inspector. The key duties and rights follow grouping by theme.

Duties on introducers and consignors

Documentary evidentiary duty: Most prohibitions are subject to an affirmative documentary condition. A person must not introduce specified plants unless accompanied by a government certificate, interstate assurance certificate, area freedom certificate, or permit for introduction (examples include regs 7(2), 8(2), 12(2)-(3), 17(3)-(6), 22(2)-(4), 26(2)). Regulation 27 requires that a required certificate be in force at time of introduction; regulation 28 prescribes minimum content (genus and species name and, in consignments, the certificate may cover all if genus/species shared).
Treatment and testing obligations: Several provisions require approved tests or treatments before introduction, and require those treatments/tests to be certifiable in accompanying documents (see regs 7(2)(b)(iii), 9(3)(b)(ii), 12(3)(b)(ii), 22(2)(c)(i)-(ii), 26B(2)(b)(i)-(ii)). Approved inspections, tests and treatments must be approved by the Chief Inspector under reg 40.
Labelling duty: Consignors must attach clear labels in English with specified contents and a minimum font size to consignments for sale in the Territory (reg 38(2)-(4)). The labelling duty is criminalised with a large maximum penalty and is an offence of strict liability, subject only to a defence of reasonable excuse (reg 38(5)-(7)).
Permit-based duty for specific materials: Some plant-related materials require permits unless they meet documentary or treatment-based alternatives (reg 26(2) lists used packaging, used containers/pallets, used agricultural equipment, used earth-moving equipment requiring permits unless cleaned/treated/certified).
Farm biosecurity duties: Owners of host plants for Cucumber Green Mottle Mosaic Virus must have and comply with a farm biosecurity plan for each place where they have host plants, produce it to an inspector on request, and accept inspector variation to that plan (regs 26H-26K). Regulation 26G prohibits export of host plant material without a written permit from the Chief Inspector.

Rights and discretions vested in government agencies and officers

Chief Inspector discretion: The Chief Inspector may issue permits (reg 36), export permits (reg 36A), approve inspections/tests/treatments (reg 40) and may impose conditions on permits (regs 36(3), 36A(3)). The Chief Inspector must be satisfied that permits will not expose the Territory to risk (reg 36(2)) and, for export permits, that exports will not contravene the plant health rules of the receiving State or Territory (reg 36A(2)).
Inspector powers: Inspectors may require presentation of things for examination and accompanying certificates or permits (reg 37(1)), and can accept electronic presentation (reg 37(2)). Inspectors may issue infringement notices where they reasonably believe an infringement notice offence has occurred (reg 31).

Administrative procedural rights for regulated persons

Expiation and court election: Where an infringement notice is issued, the person may pay the prescribed amount within 28 days to expiate the offence or elect to have the matter heard by a court (reg 32(2)(a)-(b)). The Chief Inspector may withdraw an infringement notice in limited circumstances (reg 34).
Use of interstate schemes: Reg 29 declares corresponding laws in other jurisdictions; this provides a procedural right to rely on interstate assurance certificates recognised under s 45 of the Act and the related schemes, avoiding duplicate approvals where equivalent interstate schemes exist.

Statutory constraints and limits

Multiple requirements: Regulation 6 makes obligations cumulative. If multiple provisions apply to a plant, compliance with one does not negate others.
Standards-based constraint on approvals: The Chief Inspector’s approvals for inspection/test/treatment must align with defined standards, codes, or accepted scientific views (reg 40(2)(a)-(e)).

These duties establish a regulatory gatekeeping regime where compliance is documentary, technical and, for some categories, permit-dependent. Power to vary plans, impose permit conditions and approve methods centralises administrative discretion in the Chief Inspector and inspectors.

The Regulations provide a combination of criminal penalties, strict liability offences, infringement notices and administrative remedies.

Criminal offences and maximum penalties

Labelling offence: A specific criminal offence is created for consigning plants or plant products to the Territory for sale without labelling that meets the requirements in regs 38(2)-(4). The maximum penalty for that offence is 200 penalty units (reg 38(5)). The instrument classifies this offence as strict liability (reg 38(6)), but allows the defendant to rely on a defence of reasonable excuse (reg 38(7)).
Offences for contravening Parts 2 and 2B: The Regulations note that contravention of provisions in Part 2 or Part 2B is an offence under section 17(6) of the Act (note to reg 4A; notes under regs 26G and 26H-26J). The Regulations do not specify the maximum penalty for s 17(6) within the text, but the Act provides the penalty regime for contraventions of s 17(6).

Infringement notices

Infringement notice offences and prescribed amounts: Regulation 30 establishes that certain offences are infringement notice offences and that the prescribed amount payable equals the monetary value of the number of penalty units specified in Schedule 3. Schedule 3 lists specified provisions of the Act and the number of penalty units to be applied: section 19(6) of the Act (5 penalty units), section 25(3) of the Act (3), section 27(3) of the Act (2), section 28(3) of the Act (2) and section 37(6) of the Act (3) (Schedule 3).
Procedure for notices: Inspectors who reasonably believe an infringement notice offence has occurred may give an infringement notice (reg 31). The notice must contain prescribed contents such as identity, time, place, description, prescribed amount and the enforcement agency (reg 32(1)). The notice must also inform the recipient of their rights to expiate by paying the prescribed amount within 28 days or elect to have the matter dealt with by a court (reg 32(2)(a)-(b)), and spell out civil enforcement consequences under the Fines and Penalties (Recovery) Act 2001 (reg 32(2)(c)). The Chief Inspector may withdraw an infringement notice within 28 days under limited conditions (reg 34).

Enforcement powers and inspection

Inspector powers: Inspectors may require presentation of the thing for examination and accompanying documentation prior to importation (reg 37(1)). Inspectors may accept electronic presentation of documents (reg 37(2)).
Approved inspections, tests and treatments: The Chief Inspector may approve methods (tests, inspections, treatments) used for detection and control of pests (reg 40(1)). Approved methods must meet standards or accepted scientific practice (reg 40(2)). Approved methods are relevant both to establishing compliance and to satisfying permit conditions.

Interaction with other enforcement regimes

Enforcement via fines and recovery: Infringement notices reference enforcement through the Fines and Penalties (Recovery) Act 2001 (reg 32(2)(c)). That Act authorises collection mechanisms including suspension of licences, seizure of property, wage garnishment and registration of charges on land.
Commonwealth overlay: The note to regulation 4A explicitly signals that plants introduced from outside Australia must comply with the Biosecurity Act 2015 (Cth) and other Commonwealth law. Failure to meet Commonwealth requirements could therefore trigger separate Commonwealth enforcement.

Record-keeping and evidentiary provision

Certificate requirements and content: Certificates must specify the name of each plant (genus and species) to which the certificate relates (reg 28(1)). For consignments, a certificate may cover all items if the genus and species are shared (reg 28(2)). Inspectors may include in inspection certificates the result of inspections and details of examinations and treatments carried out (reg 28(4)).

In summary, the regulatory remedy structure combines criminal offences for defined breaches (notably labelling), administrative infringement notices with specified penalty-unit-based amounts, and inspectorial enforcement powers backed by approved testing and treatment mechanisms. The Chief Inspector is the gatekeeper for permits and technical approvals.

The Regulations are designed to sit within a multi-level Australian biosecurity framework. The text explicitly identifies interactions with Commonwealth and interstate laws and sets out mechanisms for recognition and cross-jurisdictional coordination.

Commonwealth overlay

Export and import from overseas: The note under regulation 4A makes explicit that any plant or plant-related material introduced from another country must comply with the Commonwealth Biosecurity Act 2015 and other Commonwealth laws. The Regulations therefore do not replace or override Commonwealth requirements for international trade; they operate in addition to them.

Interstate recognition and corresponding laws

Interstate assurance certificates and corresponding laws: Regulation 3 defines "interstate assurance certificate" and notes it can be recognised in the Territory in accordance with section 45 of the Act as an assurance certificate made under a corresponding law. Regulation 29 then declares a list of State and Territory Acts to be corresponding laws for s 45 purposes: NSW, Qld, Tas, WA, ACT, Vic, and SA Acts are explicitly named (reg 29(a)-(g)). Practically, this creates a mechanism to accept interstate assurance certificates from those jurisdictions without requiring an additional Territory-specific inspection if the scheme is recognised.

Permits and export compliance with receiving States

Export permits and receiving jurisdiction rules: The Chief Inspector must not issue an export permit unless satisfied the export will not contravene plant health or biosecurity requirements of the receiving State or Territory (reg 36A(2)). This establishes a reciprocal compliance obligation: exports from the Territory must meet the importing State or Territory’s requirements.

Administrative law overlay and standards

Approved tests and treatments and other laws: The Chief Inspector’s power to approve inspection, test and treatment methods (reg 40) is constrained by the need to link approvals to codes, standards or protocols currently in force for detecting or controlling the pest, to methods used under Commonwealth, State or Territory laws, to manufacturer instructions or to accepted scientific views (reg 40(2)(a)-(e)). This creates an evidentiary and standards-based interaction with statutory regimes and proprietary instructions, anchoring administrative approvals to external standards.

Interaction with the Act

The Regulations operationalise particular sections of the Plant Health Act 2008. Regulation 4A states that Parts 2 and 2B of these Regulations exercise the prohibitory and restrictive powers under section 17 of the Act. Several enforcement and administrative references (infringement offences as set out in Schedule 3 cross-referring to provisions of the Act) show that the Regulations are an implementing instrument.

Other legal interfaces

Repairs, exceptions and exclusions: Some limited exemptions exist under the Regulations. For example, reg 26C(4)(c) excludes wooden household goods or furniture introduced by a person for the personal use of the person or a household member from certain controls against European house borer. That interacts with private property movement law and household exemption concepts in other biosecurity rules.
Fines and recovery: Infringement notices reference civil enforcement machinery under the Fines and Penalties (Recovery) Act 2001 (reg 32(2)(c)). That Act supplies collection and enforcement powers (suspending licences, seizure, wage garnishment, statutory charges). The Regulations explicitly incorporate that recovery route into the penalty framework for infringement notices.

Practitioners must therefore consider multiple rules in practice: qualifying Commonwealth import/export law for overseas consignments; corresponding State/Territory laws and recognised interstate schemes; Territory permit and certificate requirements; and civil enforcement mechanisms via the Fines and Penalties (Recovery) Act. The Regulation 27 requirement that certificates be in force at the time of introduction and the list of corresponding laws (reg 29) are particularly important practical hooks for cross-jurisdiction coordination.

The Regulations include a detailed endnote listing of amendments and insertions since the original 2011 instrument. The history shows iterative additions of pest controls, administrative mechanisms and housekeeping changes. Key amendment landmarks visible in the text include the following.

Initial instrument: Plant Health Regulations (SL No. 20, 2011) were notified 18 May 2011 and commenced 1 July 2011 (Endnotes 2).
Early addition of soil-borne pests and snails: Plant Health Amendment (Soil Borne Pests and Snails) Regulations 2012 (SL No. 4, 2012) were notified and commenced 8 February 2012. This inserted Schedule 1 and amended regulation 12 to include those pests (Endnotes 2, 4).
2014 and later amendments: Plant Health Amendment Regulations 2014 (SL No. 36, 2014) made amendments on 11 November 2014. The 2014 instrument inserted new parts and regulations later subject to further change (see Endnotes 4; for example, pt 2A heading inserted by No. 36, 2014, r 5 but later repealed).
Control of Cucumber Green Mottle Mosaic Virus (CGMMV): Plant Health Amendment (Control of Cucumber Green Mottle Mosaic Virus) Regulations 2016 (SL No. 2, 2016) inserted Part 2B (regs 26E-26K) focusing on CGMMV and introduced duties on owners to have farm biosecurity plans and controls on export (Endnotes 2, 4).
Ongoing 2017-2021 updates: Additional Plant Health Amendment Regulations and Agriculture Legislation Amendment Regulations between 2017 and 2021 (SL Nos cited in Endnotes 2 and 4) updated various provisions including the insertion of reg 26B (tomato potato psyllid) and other amendments.
2020 omnibus changes: Plant Health Amendment Regulations 2020 (SL No. 18, 2020) made comprehensive changes including inserting reg 4A, consolidating or replacing several earlier provisions and adjusting numerous specific plant controls (Endnotes 4). These 2020 amendments appear to have restructured parts of the instrument and updated references to approvals and procedural mechanisms.
Most recent amendment recorded: Agriculture Legislation Amendment Regulations 2025 (SL No. 4, 2025) were notified 22 May 2025 and commenced 23 May 2025. The endnotes show targeted amendments made by this instrument to several specific regulations (for example, regs 7, 7A, 9, 12, 17, 22, 24, 36-40 in the list of amendments at Endnotes 4). The reprint notes show that formal amendments of a technical nature were made under the Interpretation Legislation Amendment Act 2018 (Endnotes 3).

The text’s list of amendments at Endnotes 4 provides granular cross-references showing which regulations were substituted, inserted, repealed or amended by named instruments and their r-numbers. For a practitioner reconstructing the regulatory evolution, the Endnotes supply the statutory instruments and dates required to trace each textual change. The pattern of amendments demonstrates periodic, targeted intervention to add new pest controls (for example, CGMMV, tomato potato psyllid), to add or update lists of pests and to restructure administrative processes (for example, approvals and permits).

The legislative history therefore shows iterative policy responses adding pests and biosecurity tools, incorporating national and interjurisdictional schemes and tightening procedural mechanisms. The Chief Inspector’s powers and inspectorial procedures have been clarified and expanded in these amendments.

The Regulations and the endnotes supplied do not record any judicial decisions or reported litigation specific to these Regulations. The text names no cases, and there are no schedules or notes that list judicial challenge, declaratory rulings or appeals in relation to the Regulations. The instrument’s enforcement and remedial structure relies primarily on administrative enforcement (inspectors and infringement notices) and criminal offences, with court processes engaged only in the event an individual elects to have prosecution proceed rather than expiate an infringement notice (reg 32(2)(b)).

Operationally, the enforcement pathway that could give rise to litigation is set out as follows. Inspectors may issue infringement notices for specific infringement notice offences (regs 30-31). A recipient of an infringement notice may elect to have the matter dealt with by a court under the Fines and Penalties (Recovery) Act 2001 by completing a statement of election, which may involve later criminal or regulatory prosecution depending on the offence and the prosecuting authority’s choice (reg 32(2)(b)). The Regulations do not state which offences arising under the Regulations are exclusively expiable or subject to higher-level prosecution, other than the labelling offence carrying a maximum of 200 penalty units and the strict liability regime (reg 38(5)-(7)).

Given the absence of any litigation referenced in the source text, there is no statutory record here of judicial interpretation of core provisions such as the scope of a government certificate, the standard of Chief Inspector satisfaction for a permit, or limits on inspectorial variation of farm biosecurity plans. Practitioners seeking precedent or judicial guidance must therefore look to cases under the Plant Health Act 2008 or cases arising under related biosecurity Acts in other jurisdictions; those are not present in the provided text and so are outside this instrument’s internal record.

In short, the Regulations set up administrative and criminal enforcement channels but the source contains no reported litigation history to aid interpretation of discretionary standards or procedural fairness questions under the instrument itself.

The Regulations include several traps for the unwary that create compliance risk or operational friction. These items are concrete mechanics in the text that often catch commercial actors.

Cumulative obligations: Regulation 6 makes explicit that multiple provisions can apply concurrently and are cumulative. A consignment of grapevine material, for example, can attract the soil-borne pest requirements in regulation 12 and the grape phylloxera requirements in regulation 17. Practically, this means a consignment must meet all applicable documentary, treatment and permit conditions, not just a single provision.
Certificates must be in force at introduction: Regulation 27 requires that any government certificate or interstate assurance certificate required by the Regulations be in force at the time of introduction. Documents that are expired, not yet issued, or not valid at the precise time of arrival may render a consignment non-compliant.
Specific content required in certificates and consignments: Regulation 28 requires certificates to specify the name of each plant with genus and species. For consignments, a certificate may cover all items only if the genus and species are shared (reg 28(2)). The ability to attach a separate document is permitted (reg 28(3)), but imperfect naming or generic descriptions can fail to meet the regulation’s specificity requirement.
Labelling strict liability and high penalty: Regulation 38 makes a labelling breach a strict liability offence with a maximum penalty of 200 penalty units (reg 38(5)-(6)). Strict liability reduces prosecutorial burden to prove mental element; the only statutory defence is a reasonable excuse (reg 38(7)). The labelling rules also require minimum 5 mm lettering and English language (reg 38(3)-(4)), which can be overlooked by packers.
Permits require Chief Inspector satisfaction and may be conditional: The Chief Inspector may only issue a permit if satisfied introduction will not expose the Territory to the risk of infestation (reg 36(2)). That condition is discretionary and subjective. Export permits have a similar reciprocity test (reg 36A(2)). Parties relying on permits should plan for processing times, potential conditions and refusals.
Approved inspections, tests and treatments require prior approval: Where the Regulations require an "approved" inspection, test or treatment, the Chief Inspector’s approval under regulation 40 is a precondition. Approval depends on alignment with codes, laws, manufacturer instructions or accepted scientific practice (reg 40(2)). Using a non-approved method can negate otherwise-valid certification.
Farm biosecurity plans can be varied by inspectors: Under Part 2B, an inspector may vary a farm biosecurity plan by written notice (reg 26K). Owners must have plans, comply with them and produce them on request (regs 26H-26J). The inspectorial variation power introduces an operational risk: an owner’s implemented plan may be changed after the fact, potentially affecting production or export.
Specific distance and timing requirements: Several provisions set granular distance or time windows. For example, reg 12(4)(ba) prescribes that certain plants must have been grown more than 20 km from the boundary of any area infested with a specific pest; reg 17(3)(a) requires grapevine material to be from a Phylloxera Exclusion Zone or area freedom zone. For melon thrips, reg 10(3) provides that an approved inspection is sufficient if carried out within six months or if the place of origin is at least 100 km from an infested boundary. These precise spatial and temporal thresholds can complicate sourcing.
Different rules for similar materials: The Regulations treat superficially similar materials differently. For example, reg 25(4) requires compost and potting mix to meet specific Australian Standards (AS 4454 and AS 3743) or to carry a government certificate. By contrast, soil is prohibited unless accompanied by a permit (reg 25(2)). Equipment used in vineyards is governed by reg 24 and must satisfy Phylloxera Exclusion Zone or approved treatment rules, regardless of reg 26 standards for other used equipment.
Interstate assurance certificate recognition limited to listed laws: Regulation 29 lists the Acts declared to be corresponding laws; reliance on interstate assurance certificates outside those schemes may require separate Territory recognition under s 45 of the Act. Practically, this creates friction when relying on interstate schemes not listed or newly updated schemes pending recognition.
Export controls for CGMMV: Part 2B prohibits export of host material without a written permit by the Chief Inspector (reg 26G). That introduces an additional export control layer beyond other export permit mechanisms and creates specific biosecurity plan obligations for owners (regs 26H-26K).
Infringement notice scope and consequences: Schedule 3 lists the Act provisions subject to infringement notices and the penalty units to be applied. The prescribed amounts are the monetary values of those penalty units (reg 30(2)). Inspectors can take swift administrative enforcement action by issuing notices; failure to act can lead to enforcement measures under the Fines and Penalties (Recovery) Act (reg 32(2)(c)).

In practice, these "gotchas" make it important for importers, consignors, growers and owners to map each consignment against the Regulations’ specific lists of pests, hosts and materials; to verify certificate content, date and form; to secure Chief Inspector approvals where necessary; and to plan for inspection and documentation processes that meet the Regulations’ precise technical requirements.

Compliance requires an operational checklist tied to the Regulation’s mechanics: identification, documentary assurance, technical treatment/inspection, permits where required, labelling and readiness for inspection. The following steps translate the Regulations into an operational compliance plan.

Identify regulated status of the item

Determine whether the plant or plant-related material falls under a named regulation. Use the Regs’ lists: ants in potting mix and turf (regs 7-7A), fruit flies (regs 8-9), melon thrips (reg 10), scale and sucking insects (reg 11), soil-borne pests and snails (reg 12 and Schedule 1), Musa/Ensete pests (reg 15, Schedule 2), grape phylloxera (reg 17), potato cyst nematode (reg 22), tomato potato psyllid (reg 26B), European house borer (reg 26C), and CGMMV host plant controls (Part 2B, regs 26E-26K).

Establish required documentary pathway

For the identified category, list permissible documentary paths: area freedom certificate, government certificate, interstate assurance certificate, or permit. Regulation 27 mandates that required certificates be in force at the time of introduction. Regulation 28 clarifies minimum certificate contents (genus and species). For interstate reliance, check that the issuing State’s scheme is a declared corresponding law (reg 29), and that the interstate assurance certificate meets the related scheme’s requirements.

Secure tests, inspections and treatments approved by Chief Inspector

If the regulation requires an "approved" inspection, test or treatment, arrange for methods approved under reg 40. Assess whether the chosen method is anchored to an Australian or international standard, in use under Commonwealth/State law, or aligned with manufacturer instructions or accepted scientific practice (reg 40(2)). Retain documentary proof of approval and performance.

Obtain permits where necessary and allow lead times

Apply for a permit for introduction under reg 36 if no certificate-based pathway is available or if a permit is the only lawful route. The Chief Inspector's satisfaction test (reg 36(2)) means lead times and supporting material demonstrating low risk will be necessary. For export of CGMMV host material, obtain a written permit from the Chief Inspector (reg 26G). For exports to other States or Territories, obtain export permits under reg 36A and ensure the export will not contravene recipient requirements (reg 36A(2)).

Meet packaging and labelling requirements

If consigning plants for sale, attach labels satisfying reg 38(3)-(4): description, consignor/grower/packer name and address, place of growth, pack date and any assurance scheme information, in English, clear and legible, lettering at least 5 mm high. Remember the labelling offence is strict liability with a 200 penalty unit maximum (reg 38(5)-(7)).

Apply special handling rules for particular materials

Compost and potting mix introduced in bulk or packaged must either be manufactured per Australian Standards AS 4454 (compost) or AS 3743 (potting mix) or be accompanied by a government certificate (reg 25(4)). For used equipment and packaging, either obtain a permit or secure documentary evidence of approved cleaning/treatment (reg 26(2)-(4)). Vineyard equipment must satisfy reg 24 (Phylloxera Exclusion Zone history or approved treatment).

Implement and document farm biosecurity planning where required

Owners of CGMMV host plants must have a farm biosecurity plan for each place where host plants are grown, must comply with it and produce it to an inspector on request (regs 26H-26J). Maintain the written plan, contemporaneous records of implementation and be prepared for an inspector to vary the plan by written notice (reg 26K).

Prepare for inspections and electronic presentation

Inspectors may require presentation of consignments and certificates; they may accept electronic presentation (reg 37(1)-(2)). Maintain digital copies of certificates, treatments and inspection reports in readily accessible format. Ensure chain-of-custody records, cleaning, fumigation and treatment certificates are comprehensive.

Track geographic and temporal thresholds

Some requirements are location- and time-sensitive. Confirm that the place of origin meets distance conditions (for example, reg 12(4)(ba) and reg 16(2)(a)(ii) for citrus), or that inspections were conducted within prescribed periods (for melon thrips, reg 10(3)(a)(i) allows approved inspection within the 6 months immediately before packing).

Manage risk of infringement notices and administrative enforcement

Understand the infringement notice regime (regs 30-35). For offences listed in Schedule 3, be prepared to either expiate (pay prescribed amount equal to the monetary value of the specified penalty units under reg 30(2)) or elect to litigate. Keep accurate records showing compliance to rebut any inspector’s reasonable belief that an infringement offence occurred.

Use interstate assurance and corresponding laws where appropriate

Where an interstate assurance certificate is available from a declared corresponding law (reg 29), map the related scheme’s requirements to Territory expectations. Ensure the interstate assurance certificate expressly states the matters required under the related scheme and is acceptable under s 45 of the Act (reg 3 definition).

Engage early with regulators for approvals and guidance

Given the discretionary elements (Chief Inspector satisfaction for permits, approval of tests/treatments under reg 40, power to vary farm biosecurity plans under reg 26K), engage proactively with the Chief Inspector’s office to secure approvals, confirm acceptable methods, and understand potential permit conditions. Early engagement reduces the risk of last-minute refusals or unexpected conditions.

Document retention and audit trail

Maintain a robust paper and electronic audit trail for each consignment: certificates (government, interstate assurance, area freedom), treatment and test reports, permits, labelling proofs, shipping and packing records, and farm biosecurity plan documentation where applicable. Inspectors may request presentation; regulation 37(2) allows electronic presentation, but the certificate must be in force at the time of introduction (reg 27).

By following this checklist keyed to the specific regulatory hooks, regulated persons can reasonably operationalise compliance. For novel treatments, testing methods or interpretative questions on the content of certificates, obtain Chief Inspector approval under regulation 40 before moving consignments.

PLANT HEALTH REGULATIONS 2011

Plain English Summary

Deep Dive

What it does

Current sections

PLANT HEALTH REGULATIONS 2011

Source text: opening excerpt

1 PLANT HEALTH REGULATIONS 2011

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