Document ID: chunk:federal_register_of_legislation:C2004A00585:clause:1_48ac
Version: federal_register_of_legislation:C2004A00585
Segment Type: clause
Provision Reference: sch 1 cl 48AC
Character Range: 108227–109376

48AC  Diseased plant grown from another plant

 (1) If a quarantinable disease is found in a plant (the relevant plant) that has been grown from another plant, or grown from a part of, or seed from, another plant, under this Act, a Director of Quarantine may cause, or may give a direction to an appropriate person to cause:
 (a) the relevant plant or any part of that plant; or
 (b) the soil in which the relevant plant was grown; or
 (c) the other plant, or any part of, or seed from, the other plant; or
 (d) any plant or part of a plant, or any seed, imported together with the other plant or a seed from the other plant;
to be subjected to such treatment as the Director determines.

Note: See section 48AA, which allows goods that cannot be effectively treated to be destroyed in certain circumstances.

 (2) In subsection (1):

appropriate person means the person in control of the plant, soil or seed to which the direction relates.

 (3) A person is guilty of an offence if:
 (a) a direction is given to the person under subsection (1); and
 (b)  the person fails to comply with the direction.

Maximum penalty: Imprisonment for 2 years.