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