Western Australian Consolidated Acts

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PLANT DISEASES ACT 1914 - SECT 4

4 .         Terms used in this Act

                In this Act, subject to the context — 

        authorised inspector means an inspector appointed under section 7A;

        covering includes any case, box, bag, wrapper, packing, or material of whatsoever description used to cover any thing or designed to contain or be used in the packing of anything;

        Director General means Director General of Agriculture or a person authorised by him;

        disease means any disease that commonly attacks plants and includes any plant, animal, fungus, bacteria, virus or nematode commonly found in or on plants;

        fruit means the product of any plant, and includes the peel, skin, or shell of any such product, and also the seeds of any plant;

        infected means actually infected with disease or liable, by reason of contact or proximity, to be infected;

        inspector means a person appointed as an inspector under or for the purposes of this Act;

        occupier as applied to any orchard or other land or premises includes any person having the charge, management, or control thereof;

        orchard means any land used for the purpose of growing or cultivating plants, and includes any garden, farm, vinery, vineyard, and hothouse, and any place where any plant is cultivated or where any plant which has been cultivated is growing;

        owner , as applied to land, means any person who is in possession or entitled to possession of the land, or in receipt or entitled to the receipt of rents and profits of the land, as — 

            (a)         the holder of a legal or equitable estate of freehold in possession therein; or

            (b)         the holder of an estate less than freehold under a lease or agreement granted or made by or with the Crown; or

            (c)         a mortgagee of the land; or

            (d)         the trustee, attorney, or authorised agent of any such holder or mortgagee;

        plant includes any part of a plant, and extends to fruit;

        potential carrier means anything capable of carrying and transmitting disease and includes — 

            (a)         animals;

            (b)         plants;

            (c)         coverings and any movable thing used for or in connection with plants; and

            (d)         the clothing and personal effects of persons handling plants; and

            (e)         any other thing declared by the Director General to be a potential carrier;

        private inspection and treatment premises means private inspection and treatment premises registered under this Act.

        [Section 4 amended by No. 3 of 1949 s. 3; No. 3 of 1974 s. 3; No. 51 of 1984 s. 4; No. 40 of 1993 s. 4.]



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