Plant Diseases Regulation 2008

Plant Diseases Regulation 2008 Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Plant Diseases Act 1924. Minister for Primary Industries Explanatory note The object of this Regulation is to remake, with some changes, the provisions of the Plant Diseases Regulation 2003 which is repealed on 1 September 2008 by section 10 (2) of the Subordinate Legislation Act 1989. This Regulation makes provision with respect to the following: (a) the offences under the Act in respect of which a penalty notice (on the spot fine) may be issued and the amounts of penalty for those offences when dealt with in that way, (b) savings and formal matters. This Regulation is made under the Plant Diseases Act 1924, including sections 19 and 28 (the general regulation-making power). This Regulation comprises or relates to matters set out in Schedule 3 to the Subordinate Legislation Act 1989 --namely, matters of a machinery nature. 1 Name of Regulation This Regulation is the Plant Diseases Regulation 2008. 2 Commencement This Regulation commences on 1 September 2008. This Regulation replaces the Plant Diseases Regulation 2003 which is repealed on 1 September 2008 by section 10 (2) of the Subordinate Legislation Act 1989. 3 Definitions (1) In this Regulation:"the Act" means the Plant Diseases Act 1924. (2) Notes in this Regulation do not form part of this Regulation. 4 Penalty notice offences For the purposes of section 19 of the Act: (a) each offence created by a provision of the Act specified in Column 1 of Schedule 1 is declared to be a penalty notice offence, and (b) the prescribed penalty for such an offence is the amount specified in Column 2 of Schedule 1. 5 Saving Any act, matter or thing that, immediately before the repeal of the Plant Diseases Regulation 2003, had effect under that Regulation continues to have effect under this Regulation. Schedule 1 Penalty notice offences (Clause 4) Column 1 Column 2 Provision of the Act Penalty Section 26 (1) (a) $200 Section 26 (1) (b) $200 Section 26 (1) (c) $200 Section 26 (1) (d) $200 Section 26 (1) (e) $200 Section 26 (1) (f) $200 Historical notes The following abbreviations are used in the Historical notes: Am amended LW legislation website Sch Schedule Cl clause No number Schs Schedules Cll clauses p page Sec section Div Division pp pages Secs sections Divs Divisions Reg Regulation Subdiv Subdivision GG Government Gazette Regs Regulations Subdivs Subdivision s Ins inserted Rep repealed Subst substituted Table of amending instruments Plant Diseases Regulation 2008 (300). GG No 88 of 18.7.2008, p 7201. Date of commencement, 1.9.2008, cl 2.