51Conditions relating to imported plants

##### 51 Conditions relating to imported plants (1) Without limiting the powers of the Minister under subsection 47(1), a permit or an authority to import a live plant that is not specified in Schedule 5 or 6 is subject to the condition that the holder of the permit or authority will not, without the approval in writing of the Designated Authority: (a) sell or otherwise dispose of that plant, or any progeny of that plant, to another person; (b) plant or sow that plant, or any progeny of that plant, so that that plant or any progeny of that plant would be in, or could spread to, a place that is not under the control of the holder; or (c) where that plant, or any progeny of that plant, dies—bury, burn, sell or otherwise dispose of the plant or any part of the plant. (2) The Designated Authority shall not, for the purposes of subsection (1), approve of the sale or other disposal of a live plant to a person if the keeping of the plant by that person would be contrary to a law of a State or of a Territory. (3) Without limiting the generality of subsection (1), a person shall, for the purposes of that subsection, be taken to have planted or sown a plant if that plant was planted or sown (including sown without human intervention) and that person allowed the plant to be so planted or sown or failed to take all reasonable measures to prevent the plant from being so planted or sown. (4) A person is guilty of an offence if: (a) the person holds a permit or an authority; and (b) the person engages in conduct; and (c) the conduct contravenes a condition to which the permit or authority is subject by virtue of this section. Penalty: 600 penalty units. (5) In subsection (4): > engage in conduct means: (a) do an act; or (b) omit to perform an act.