Seeds Amendment Act 2003

Seeds Amendment Act 2003

An Act to amend the Seeds Act 1985

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Seeds Amendment Act 2003 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Seeds Act 1985 is referred to as the Principal Act.

4.    Sections 8 and 9 inserted

After section 7 of the Principal Act , the following sections are inserted:

8.   Prohibited seeds

(1)  Unless he or she is exempted under section 9 , a person must not –

(a) be in possession of; or

(b) cause to germinate or propagate –

any prohibited seeds.

Penalty:  Fine not exceeding 40 penalty units.

(2)  The Secretary by notice in writing served on a person may require the person to –

(a) destroy any prohibited seeds in the person's possession, custody or control; or

(b) remove the seeds from Tasmania; or

(c) otherwise treat the seeds –

in a manner, and within a period, determined by the Secretary and specified in the notice.

(3)  A person must comply with a requirement under subsection (2) .

Penalty:  Fine not exceeding 40 penalty units and, in the case of a continuing offence, a further fine not exceeding one penalty unit for each day during which the offence continues.

9.   Exemptions

The Secretary may, in writing, exempt a person or a class of persons from the operation of section 8 on any conditions that the Secretary thinks fit.

[Second reading presentation speech made in:

House of Assembly on 19 AUGUST 2003

Legislative Council on 3 SEPTEMBER 2003]