Seeds and Plant Act

This section provides definitions of terms used in the Act (for example: “agricultural value”, “basic seed”, “Board”, “breeders seed”, “certified seed”, “Minister”, “Ministry”, “seed”, “seed merchant”, “variety”).

Licensed seed conditioners must apply to the Certification Services, pay a prescribed annual fee, have suitable facilities and trained staff, and may only condition seed lots certified by the Certification Service.

A person who intends to import or export seed must apply to the Certification Service for a licence in the manner prescribed by regulations.

The Ministry must establish national seed testing laboratories; those laboratories must undertake seed testing and issue certificates as prescribed by regulations made under the Act.

The Certification Service must affix official labels and seals to certified seed classes and may delegate that authority to a licensed or accredited seed testing laboratory or seed merchant.

The Certification Service must issue certificates authenticating seed classes as prescribed by regulations, and must send periodical reports on its activities to the Board.

The Certification Service has the power to maintain registers, rolls, indexes or other official records to carry out its functions under the Act.

The Minister must establish a Seeds and Plant Tribunal; the Tribunal shall conduct business as the need arises; an aggrieved person may appeal to the Tribunal in accordance with regulations under this Act.

The Minister may designate qualified public officers as inspectors, seed analysts and registrars of plant varieties.

Establishes the National Seed Board, lists its composition (including ex officio and representative members) appointed by the Minister, allows the Board to co-opt additional members, and sets a three-year term for non-ex officio members who are eligible for re-appointment.

The Board is charged with a set of seed-sector functions including advising the Minister on national seed policy and related matters, coordinating and monitoring public and private seed sectors, and giving advice to plant breeding organisations.

Sets Board meeting frequency and procedures, roles for Chairperson and Secretary, quorum, minutes confirmation evidence, Board procedural autonomy, and grounds on which a member's office may be declared vacant by the Minister.

Establishes the National Variety Release Committee, lists its members, requires the Board to appoint a Chairperson, makes the head of the Certification Service the Committee Secretary, allows the Committee to regulate procedure and co‑opt members, and requires the Committee to meet at least two times a year.

The Committee must review and maintain the National Variety List, approve new varieties, and approve the release of new varieties and their entry into the seed multiplication programme.

The Certification Service must design, establish and enforce seed certification standards, methods and procedures and is responsible for a range of seed-related regulatory functions.

Assigns responsibilities for variety testing, trials, registration and breeder obligations: the Certification Service must advise breeders, undertake testing and conduct trials (or delegate), while breeders must apply for release, register, provide trial data, run on-farm trials, and maintain breeder seed.

Seed merchants and dealers must be licensed and pay a prescribed annual fee; the Minister may declare segregated areas and prohibit planting or movement of seeds or plants.

A person must not sell prescribed seed for sowing if it fails germination and purity standards or a testing laboratory reports non-conformance.

Prohibits any person from selling seed for sowing under a description other than its varietal name.

Prohibits any person, without lawful authority, from tampering with prescribed seed samples (including producing misleading samples, tampering with samples taken under the Act, or sending seeds for testing that do not represent the bulk) with intent to deceive.

Any person must not, without lawful authority, alter, deface or remove official registers, rolls, indexes, markings maintained under the Act's regulations or any entry in those official records.

Any person must not, without lawful authority, alter or deface specified documents or labels, or remove labels from containers.

A person employed for the purposes of the Act must not publish or communicate information acquired in the course of employment without lawful authority, nor publish or communicate information they possess if it was disclosed in contravention of the Act.

Any person convicted of an offence under this Act may be fined up to ninety-six currency points, imprisoned for up to four years, or both.

Registers and rolls kept by the Certification Service must be open for inspection by any person who applies to the head of the Certification Service and pays the prescribed fee, at all reasonable times.

The Minister may exempt any person or class of persons from the Act on a written recommendation from the Board.

The Minister may make regulations (after consulting the Board) on seed control, prescribe fees, and contraventions of those regulations attract fines of up to forty-eight currency points or up to two years imprisonment (or both), with higher penalties for repeat offences and possible forfeiture.

The Minister may amend the Schedule to this Act, by statutory instrument and with the approval of Cabinet.