Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


SEEDS AMENDMENT BILL 2007

                   Western Australia


      Seeds Amendment Bill 2007

                      CONTENTS


1.    Short title                                   2
2.    Commencement                                  2
3.    The Act amended                               2
4.    Section 3 amended                             2
5.    Section 4 amended                             3
6.    Section 6 amended                             3
7.    Section 7 amended                             3
8.    Section 8 amended                             3
9.    Section 9 amended                             3
10.   Section 10 amended                            4
11.   Section 12 amended                            4
12.   Section 13 amended                            4
13.   Section 13A inserted                          5
      13A.     Possession of unsaleable seed   5
14.   Section 15 amended                            6
15.   Section 16 amended                            6
16.   Section 17 amended                            7
17.   Section 26 amended                            7




                        209--1                      page i
                           Western Australia


                      LEGISLATIVE COUNCIL



               Seeds Amendment Bill 2007


                               A Bill for


An Act to amend the Seeds Act 1981.



The Parliament of Western Australia enacts as follows:




                                                         page 1
     Seeds Amendment Bill 2007



     s. 1




     1.         Short title
                This is the Seeds Amendment Act 2007.
     2.         Commencement
                This Act comes into operation on the day after the day on which
 5              this Act receives the Royal Assent.
     3.         The Act amended
                The amendments in this Act are to the Seeds Act 1981*.
                [* Reprinted as at 22 November 2002.
                   For subsequent amendments see Western Australian
10                 Legislation Information Tables for 2006, Table 1.]
     4.         Section 3 amended
          (1)   Section 3(1) is amended by deleting the definition of
                "prohibited seed" and inserting instead --
                "
15                    "prohibited seed" means a seed, or type or class of
                          seed, or seed with specified characteristics,
                          declared by the Minister under section 12 to be
                          prohibited seed;
                                                                              ".
20        (2)   Section 3(1) is amended by inserting in the appropriate
                alphabetical position --
                "
                      "prohibited seed content" means a specified
                          percentage of --
25                        (a) any type or class of seed; or
                          (b) seed with specified characteristics,
                          within a seed lot, declared by the Minister under
                          section 12 to be prohibited seed content;
                                                                              ".


     page 2
                                                       Seeds Amendment Bill 2007



                                                                               s. 5



     5.         Section 4 amended
                Section 4(2) is amended by inserting after "seed lot to" --
                "   , or possession or control of a seed lot by,   ".

     6.         Section 6 amended
 5              Section 6 is amended by deleting "$1 000." and inserting
                instead --
                "   a fine of $20 000.   ".

     7.         Section 7 amended
          (1)   Section 7(1) is amended by deleting "$2 000." and inserting
10              instead --
                "   a fine of $20 000.   ".
          (2)   Section 7(3) is amended by deleting "$1 000." and inserting
                instead --
                "   a fine of $20 000.   ".

15   8.         Section 8 amended
                Section 8 is amended by deleting "$2 000." and inserting
                instead --
                "   a fine of $20 000.   ".

     9.         Section 9 amended
20        (1)   Section 9(2) is amended by deleting "$1 000." and inserting
                instead --
                "   a fine of $20 000.   ".
          (2)   Section 9(3) is amended by deleting "$1 000." and inserting
                instead --
25              " a fine of $20 000.     ".


                                                                             page 3
     Seeds Amendment Bill 2007



     s. 10



     10.         Section 10 amended
                 Section 10(1) is amended as follows:
                   (a) in paragraph (b) by inserting after "prohibited seed," --
                        " prohibited seed content, ";
 5                (b) by inserting after "does not contain any prohibited
                        seed," --
                        " any prohibited seed content, ".

     11.         Section 12 amended
           (1)   Section 12(1)(a) is deleted and the following is inserted
10               instead --
                     "
                         (a)   declare a seed, or type or class of seed, or seed
                               with specified characteristics, to be prohibited
                               seed; or
15                                                                                 ".
           (2)   Section 12(1) is amended by deleting the comma after
                 paragraph (c) and inserting instead --
                     "
                               ; or
20                       (d)   declare a specified percentage of --
                                  (i) any type or class of seed; or
                                 (ii) seed with specified characteristics,
                               within a seed lot, to be prohibited seed content,
                                                                                   ".

25   12.         Section 13 amended
                 Section 13 is amended as follows:
                  (a) by inserting at the end of paragraph (a) --
                        " or ";



     page 4
                                                          Seeds Amendment Bill 2007



                                                                                   s. 13



                  (b)       by deleting the full stop after paragraph (c) and inserting
                            instead --
                        "
                                  ; or
 5                          (d)   prohibited seed content.
                                                                                        ";
                  (c)       by deleting "Penalty: For a first offence $1 000; for any
                            subsequent offence, $2 000." and inserting instead --
                            " Penalty: a fine of $20 000. ".

10   13.     Section 13A inserted
             After section 13 the following section is inserted --
     "
           13A.         Possession of unsaleable seed
             (1)        A person must not be in possession or control of a seed
15                      lot that the person knows, or could reasonably have
                        been expected to know, contains prohibited seed or
                        prohibited seed content.
                        Penalty: a fine of $20 000.
             (2)        Subsection (1) does not apply if --
20                       (a) the seed lot was imported into the State for the
                               purpose of --
                                  (i) manufacture of a product from the seed
                                       lot; or
                                 (ii) another purpose prescribed by the
25                                     regulations; and
                         (b) the person has taken reasonable precautions to
                               ensure that the seed in the seed lot is not likely
                               to be sown.
                                                                                        ".




                                                                                 page 5
     Seeds Amendment Bill 2007



     s. 14



     14.      Section 15 amended
              Section 15(1) is amended as follows:
                (a) in paragraph (a) by inserting after "this Act applies" --
                        "
 5                            or that contains prohibited seed or prohibited
                              seed content
                                                                                   ";
                  (b)   in paragraph (b) by inserting after "this Act applies" --
                        "
10                            or contains prohibited seed or prohibited seed
                              content
                                                                                   ";
                  (c)   in paragraph (c) by inserting after "this Act applies" --
                        "
15                            or contains prohibited seed or prohibited seed
                              content
                                                                                   ";
                  (d)   in paragraph (e) --
                           (i) by inserting after "is sold" --
20                             " or provided ";
                          (ii) by inserting after "was sold" --
                               " or provided ";
                         (iii) by inserting after "the sale" --
                               " or provision ".
25

     15.      Section 16 amended
              Section 16 is amended by deleting "$2 000." and inserting
              instead --
              "    a fine of $20 000.   ".



     page 6
                                                  Seeds Amendment Bill 2007



                                                                        s. 16



     16.   Section 17 amended
           Section 17 is amended by deleting "Penalty: For a first offence
           $1 000; for any subsequent offence, $2 000." and inserting
           instead --
 5         "   Penalty: a fine of $20 000.   ".

     17.   Section 26 amended
           Section 26(1)(m) is amended by deleting "$2 000." and
           inserting instead --
           "   a fine of $20 000.   ".

10




 


[Index] [Search] [Download] [Related Items] [Help]