Fertilisers Act of 1935 (26 Geo v No. 19) (Qld)

AGRICULTURE. 26 GEO. V. No. 19, 1935. Fertilisers Act. 15313 An Act to Amend the Law relating to the Sale 26J:19:· of Fertilisers. FER~ r: SERS ACT OF 1935. [ASSENTED TO 14TH NOVEMBER, 1935.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as *" The Fertilisers Act Short title of 1935," and shall come into operation on a date to be~ : ~ ce, : r: ~ ~ , fixed by Proclamation published in the Gazette. 2. t" The Fertilisers Act of 1914" and t" The Repeal of Fertilisers Act Amendment Act of 1916 " are repealed. Acts. The said Acts are herein collectively referred to as the Repealed Acts: Provided that without limiting the oper~ tion of §" The Acts Shortening Acts "- (a) All Proclamations and notifications made and published, all appointments made, all regulations and forms made and promulgated, any authority, direction, notice, or order made or given under the Repealed Acts, and all things done or purporting to be done under the Repealed Acts, and generally all acts of authority originated under the said Repealed Acts and in force or subsisting at the commencement of this Act, shall continue in full force and effect and shall so far as is consistent with this Act be deemed to have been made, published, promulgated, given, done, and originated under and for the purposes of this Act. (b) All matters and proceedings commenced under the said Repealed Acts and pending or in progress at the commencement of this Act may be continued, completed, and enforced under this Act. * Act proclaimed in force from 9th January, 1936 (Gazette, 9th January, 1936, page 35). t 5 Geo. V. No. 8, supra, page 7713. t 7 Geo. v. No. 4, supra, page 7713. § 31 Vie. No. 6 and amending Acts, supra, pages 15 et seq.

15314 AGRICULTURE. F'ertilisers Act. 26 GEO. V. No. 19, Meaning of 3. In this Act, unless the context otherwise indicates tenns. or requires, the following terms have the meanings respectively assigned to them, that is to say : - Active constituent. " Active constituent"-Means, with reference to a fertiliser, the constituents nitrogen (N), phosphoric acid (P 20,,), potash (K 20) , where present in any fertiliser, and/or any other constituent which is prescribed as an active constituent of fertiliser; Affix. Analyst. "Affix" (with its derivatives)-To legibly, securely, and durably affix, or brand, or print, or stamp; "Analyst"-An analyst appointed in accordance with the provisions of this Act; '" ..t\.s." " As "-When used preceded by words indicating an active constituent and succeeded by words indicating the form or forms in which such active constituent occurs, shall mean that such active constituent is present in the fertiliser in the form or forms indicated; Bone-dust. " Bone-dust" - Disintegrated bones, whether steamed or unsteamed, without admixture of any substance whatsoever; Brand. <Jitrate soluble phosphoric .acid. "Brand"-A trade mark, or sign, or word, or statement in writing used as a distinguishing mark for fertilisers, whether or not containing any pictorial or other descriptive matter, and associated with and intended for identifying fertilisers; "Citrate soluble phosphoric acid"-Phosphorus pentoxide (P 2 0;)) in the form of dicalcic phosphate or of tetracalcic phosphate determined by the method prescribed; Dealer. " Dealer"-Any person who, and whether on his own behalf or on behalf of some other person, carries on business or trade as a seller of or dealer in any fertiliser whether such person is the manufacturer of such fertiliser or not, and whether such person carries on any other business or trade or not: the term, where necessary, includes the agent or servant of a dealer;

AGRICULTURE. 15315 1935. Fertilisers Act. " Fertiliser "-Includes any prepared or natural Fertiliser. substance sold as a fertiliser or manure or for supplying nutriment and/or lime to the soil for the use of plants and/or remedying any soil. deficiency, and any material prescribed as a fertiliser : The term does not include farmyard, sheep, poultry, or stable manure, humus, seaweed, town refuse, crude offal, nightsoil, or trade waste unless any such substance has been dried or otherwise treated to arrest or retard decomposition: The term does not include any substance which the Governor in Council may declare by Order in Council not to be a fertiliser for the purposes of this Act; "Grade formula"-Expresses in round figures Grade the respect w· e percent ages 0 f · il t l rogen, formula_ phosphoric acid, and potash in the order given, and guaranteed to be present by the dealer in mixed fertilisers; "Guano"-The excrement and remains of bird Guano. and animal life containing both nitrogen and phosphoric acid to which no additional material has been added. The percentages of nitrogen and phosphoric acid may be prescribed ; "Inspector"-Means an inspector of fertilisers Inspector. appointed under this Act; " Label "-A label, tag, brand, or stamp having Label. indelibly printed with printer's ink by a printing press thereon the figures, words, or marks prescribed, which label, tag, brand, or stamp is or is prescribed to be affixed to every package containing the substance referred to; "Lime"-Calcium oxide (CaO); Lime. " Lime for agricultural purposes" shall be classed Lime for as- agricultural .• purposes. (1) Burnt lime, caustic lime, or qUIcklIme- consisting chiefly of lime in the form of calcium oxide (CaO), or

15316 Minister. Name of fertiliser. Neutralising value. Officer. Order in Council. AGRICULTURE. Fertilisers Act. 26 GEO. V. No. 19, (2) Slaked lime, air-slaked lime, mild lime, hydrated lime-consisting chiefly of lime in the form of hydrate of lime (Ca(OH)2) and/or carbonate oflime (CaCO g ) obtained by the slaking of burnt lime, or (3) Processed lime-consisting of a by-product from a process-chiefly lime in the form of hydrate and/or carbonate of lime, or (4) Pulverised limestone, marble, coral, or shells-consisting chiefly of lime in the form of carbonate of lime (CaCO g ) obtained by crushing or pulverising, or (5) Earthy lime-consisting chiefly of lime in the form of carbonate of lime (CaCO g ) obtained by excavation of the natural substance, or (6) Gypsum-consisting of lime in the form of hydrated sulphate of lime (CaS0 4 .2H 2 0), or (7) Lime in other forms as prescribed; "Minister"-The Secretary for Agriculture and Stock or other Minister of the Crown charged for the time being with the administration of this Act; " Name of fertiliser"-The brand or trade name or registered trade name of any fertiliser, and in the case of mixed fertilisers may include the " grade formula" of such mixed fertiliser; "Neutralising value"-Used with reference to any prescribed material or ingredient contained therein means capacity to neutralise acidity, such capacity to be ascertained by the prescribed method; "Officer"-An inspector, or analyst, or any other officer appointed under this Act: the term includes any person either generally or specifically authorised in that behalf by the Minister in writing; " Order in Council "-Any Order in Council made under this Act;

AGRICULTURE. 15317 1935. Fertilisers Act. " Package" (with its derivatives)-Includes every Package. means by which a fertiliser is cased, covered, enclosed, contained, or packed: without limiting its generality the term includes a cask, bottle, jar, vessel, bag, box, or other receptacle ; "Person"-Includes company, partnership, or Person. any body or association of persons; " Phosphate rock"-The substance obtained from Phosphate calcium phosphate deposits to which no other rock. matter has been added; "Phospho guano "-The substance obtained from Phospho impure calcium phosphate deposits to which guano. no other matter has been added. The percentages of nitrogen and of phosphoric acid may be prescribed; " Phosphoric acid" - Phosphorus pentoxide Phosphoric (P 2 0 5 ) ; acid. "Place"- Includes any house, building, ship, barge, Place. boat, vehicle, car, aeroplane, station, -wharf, shed, land, or premises ; " Potash"-Potassium oxide (K 2 0) ; " Prescribed"-Prescribed by tliis Act; c Potash. Prescribed. " Primary dealer"-Any person who, whether as Primary manufacturer, importer, or wholesale seller is dealer. primarily responsible for putting on the market in Queensland any fertiliser ; "Regulations"-Regulations made under this Regulations. Act; "Sale" (with its derivatives)-Includes barter or Sale. exchange, and also includes dealing in, agreeing to sell or offering or exposing for sale, or having in possession for sale, or sending, forwarding, or delivering for sale or on sale, or causing, suffering, or attempting any such acts or things; " Super" or "Superphosphate"-Any fertiliser Super or which has been treated in such a manner s':fer. as to render all or the major portion p osphate. of the phosphoric acid therein soluble in water;

15318 AGRICULTURE. Fertilisers Act. 26 GEO. V. No. 19, This Act. Total phosphoric acid. Under Secretary. Water soluble phosphoric acid. " This Act"-This Act and all Orders in Council, notifications, and regulations made there- under; " Total phosphoric acid "-Means phosphoric acid determined by the method prescribed for the determination of total phosphoric acid; "Under Secretary"-The Under Secretary for the time being of the Department of Agriculture and Stock; "Water soluble phosphoric acid "-The phos- phoric acid determined by the method prescribed for the determination of water soluble phosphoric acid. Application 4. This Act shall not apply to the sale of bulk of Act. lots of fertiliser compounds to a manufacturer of fertilisers. Prohibition 5. (1.) No person shall sell fertiliser unless he is foefr s ti e l l i l s i e n r g licensed as a dealer under this Act. Any person so without doing shall be guilty of an offence against this Act. license. License. (2.) Any person who desires to become licensed as a dealer under this Act shall make application in writing to the Minister. Such application shall be in the form prescribed or to the like effect and shall be accompanied by a fee of one pound and one shilling. Discretion (3.) The Minister may in his absolute discretion of Minister. grant or refuse to grant to any person making such application a license as a dealer. Such license shall be in the form prescribed or to the like effect: . Provided that before granting a license the Minister may require any particulars in addition to those set out. in the application which appear to him necessary. Such license shall take effect from the date mentioned therein and remain in force until the thirty-first day of December of the year in which it is issued; it may be renewed annually on payment of the prescribed fee. Pro?-uction (4.) Every dealer shall produce his license upon ~ ~ ! ~ ~ ~ ~ on demand made by any purchaser of fertiliser or by an inspector or officer. Any dealer failing so to do shall be guilty of an offence.

AGRICULTURE. 15319 1935. Fertilisers Act. (5.) If any dealer is twice convicted of offending When license against this Act within a period of twelve months the : aJce~ fed. Governor in Council may by Order in Council cancel his license. 6. Every dealer in fertilisers other than a primary Duties of dealer shall within thirty days after the date of his dealer. becoming a dealer and thereafter on or before the thirty- first day of January of each and every year give notice in writing in the prescribed form or to the like effect to the Under Secretary of- (a) His name and place of business; and (b) Names of fertilisers which he is selling or intends to sell during the current year; and (c) From whom purchased or to be purchased; and . (d) Date stocks on hand were received; and (e) The places where the same can be purchased or acquired from him. He shall forward with such notice a specimen copy of the invoice to be signed and given to buyers of such fertilisers under and in accordance with section nine of this Act. If during the currency of any year a dealer proposes to sell or deal in any fertiliser in addition to those of which he has given the notice as hereinbefore prescribed he shall, before commencing to sell or deal in any such additional fertiliser, give with respect to the same the like notice as hereinbefore prescribed: Provided that the Under Secretary may at any time demand from any dealer other than a primary dealer or person whom he suspects to be a dealer other than a primary dealer the like notice, and forthwith upon such demand such dealer or person (as the case may be) shall, and notwithstanding that he has already complied with the foregoing provisions of this section, give such notice to the Under Secretary. Any person who fails to comply with any provision of this section shall be guilty of an offence. 7. Every primary dealer in fertilisers shall register D~ tie8 of all or any fertilisers which he sells or in which he ~ ~ = ? deals.

15320 AGRICUL'l'URE. Fertilisers Act. 26 GEO. V. No. 19, The applicant for registration shall forward to the Under Secretary within thirty days after the date of his becoming a primary dealer and thereafter on or before the thirty-first day of January of each and every year the following particulars :-, (A) A statutory declaration in the prescribed form or to the like effect for each fertiliser which he desires to register, setting out the following :- (i.) Name of fertiliser and the brand under which same is to be sold, and (ii.) The specific name and proportion or amount of each of the materials or ingredients, and in the case of organic materials or ingredients a statement as to the treatment or process (if any) to which such organic materials have been subjected, (iii.) A statement setting out- (a) The proportion per cent. in which each material or ingredient contains nitrogen, phosphoric acid, potash, lime where prescribed, and/or any prescribed active constituent, and the respective forms in which they occur, and (b) The neutralising value of any prescribed material ascertained by the prescribed method, (iv.) A statement of the degree of fineness of any prescribed material or materials or ingredient or ingredients, (v.) The retail price per ton of the fertiliser free on rail at the Queensland works and/or free on rail at Brisbane; (B) A specimen copy of the invoice to be signed and given to any buyer under and in accordance with section nine of this Act; (c) A specimen copy of the prescribed label to be affixed to every package of fertiliser which is required to be so labelled; (n):Such other matters as may be prescribed.

AGRICULTURE. 15321 1935. Fertilisers Act. Every fertiliser of which the Under Secretary shall have received such particulars as aforesaid shall be and be deemed to be registered unless the Minister shall notify the applicant that the registration of such fertiliser is refused, which registration the Miruster may in his absolute discretion so refuse. No fertiliser shall at any time be or be deemed to be registered under this Act unless it complies in full with such particulars so forwarded as aforesaid: Provided that no registered fertiliser the constituents of which have been so altered as not to comply with such particulars so forwarded as aforesaid shall be or be deemed to be not registered merely by reason of such alteration if before such registered fertiliser as so altered is sold or dealt with the like particulars concerning such altered constituents as are hereinbefore prescribed are forwarded to the Under Secretary: Provided that the registered name of such fertiliser shall upon such alteration as aforesaid have added thereto a distinguishing letter or number approved by the Minister. Any primary dealer who fails to comply with any provision of this section shall be guilty of an offence. 8. If the primary dealer in any fertiliser or Provision fertilisers is not resident in the State of Queensland the w~ ere requirements of this Act shall be complied with by a ~ ~ :, ~ ry duly authorised agent of such primary dealer who is resi~~ resident in Queensland, and such agent shall for the ~ ~ ! ~ ~ . e purposes of this Act be deemed to be the primary dealer. 9. (1.) Every dealer who sells any fertiliser of a Obligations greater value than ten shillings shall on or before the of1dearr on delivery of such fertiliser or any of it sign and give to ~ : r: il~ ser. the buyer an invoice which shall set forth the following particulars :- (a) The name and address of the dealer; and (b) The name of each fertiliser; and (c) The net weight of each fertiliser included on such invoice; and . (d) A warranty in the following words : - Notwithstanding any agreement to the contrary, this invoice shall be and be deemed to be a warranty by me, the dealer, that the fertiliser or fertilisers mentioned on

15322 AGRICULTURE. Fertilisers Act. 26 GEO. V. No. 19, this invoice contains or contain nitrogen, phosphoric acid, potash, lime, and/or other prescribed active constituents and the degrees of fineness in the proportions per cent. and the neutralising value as respectively stated in the statutory declaration and label furnished to the Under Secretary, Department of Agriculture and Rtock, as prescribed by " The Fertilisers Act of 1935 " and as set out on the labels attached to each and every container of the respective quantity or quantities of fertiliser herein mentioned with respect to the fertiliser of the same name; (e) Such other matters as may be prescribed. (2.) Every such invoice shall be and be deemed to be a representation or warranty by the dealer to the buyer of the truth of all or any of the particulars set forth therein. (3.) Any dealer who fails to comply with any provision of this section or who signs and gives to any buyer an invoice which is false in any material particular shall be guilty of an offence. . Obligations of primary 10. (1.) Every primary dealer who sells any dealer on fertiliser shall in manner prescribed, on or before delivery fBearlteiloisfer. thereof to the buyer, affix to or upon every package containing such fertiliser or any of it a label which shall set forth the following particulars :- (a) The full name and place of business of the manufacturer or dealer; (b) The brand and name under which the fertiliser is known; and (c) The net weight which will be contained in the package to which it is affixed; and (d) A statement setting out the following : - (i.) The minimum proportion per cent. in which the fertiliser contains nitrogen, phosphoric acid, potash, lime where prescribed, and/or other prescribed active constituents, and the respective forms in which they respectively occur, and the maximum proportion percent. in which the fertiliser contains any active constituent where this Act prescribes that the maximum proportion per cent. of such active constituent so contained in the fertiliser shall be declared,

AGRICULTURE. 15323 1935. Fertilisers Act. (ii.) The neutralising value of any prescribed material ascertained by the prescribed method, (iii.) The proportion per cent. of the degree of fineness with respect to such ingredients and in such a manner as prescribed; (e) Such other matters as may be prescribed. Every such label shall be and be deemed to be a representation or warranty by the dealer to the buyer of the truth of all or any of the particulars set forth therein. (2.) In addition to such label every dealer shall on or before such delivery as aforesaid durably and legibly brand or stamp every package containing such fertiliser or any of it with the brand and name under which the same is sold by him or under his name in Queensland. (3.) Every primary dealer who fails to comply with any provision of this section or who affixes to or upon a package containing fertiliser a label which is false in any material particular, or who brands or stamps such package with a brand or name which is false, shall be guilty of an offence. 11. (1.) Every dealer who has purchased any Resale of fertiliser from any other dealer and who sells any such fertiliser. fertiliser- (a) In the package in which he bought the same shall see that on delivery thereof to the buyer the prescribed label (whether the original label or one provided by himself) is affixed thereto or thereupon; (b) In any package other than the package in which he bought the same shall before delivery thereof to the buyer affix thereto or thereupon a label as prescribed. (2.) No package of fertiliser shall have affixed thereto or thereupon any name, brand, or label other than such name, brand, or label as is prescribed by this Act in respect of such fertiliser. (3.) No person shall sell, pack, or supply fertiliser in a package unless all names, brands, or labels (if any) other than the name, brand, or label prescribed by this Act in respect of such fertiliser have been first obliterated or removed from such package.

15324 AGRICULTURE. Fertilisers Act. 26 GEO. V. No. 19, (4.) Any dealer or other person who fails to comply with any provision of this section shall be guilty of an offence. Offence 12. Every dealer, whether a primary dealer or wbyhedreealer not, who sells any fertiliser which fails to comply with fertiliser the prescribed standard or which is falsely named, fnaalmseelyd, &c. branded, or labelled shall be guilty of an offence. For the purposes of this section, and in addition to the ordinary meaning of the word" false," a fertiliser shall be and be deemed to be falsely named or branded or labelled if it does not comply in full (and whether because it contains too little of any required active con- stituent, lime, material, or ingredient, or because it or any material or ingredient contained therein is not of the required degree of fineness, or because it or any material or ingredient contained therein is not of the required neutralising value or because, where it is prescribed that the maximum proportion per cent. of any active constituent shall be declared, it contains a proportion per cent. -of such active constituent greater than such declared maximum) with the fertiliser in respect of which its name, brand, or label, as the case may be, has been registered under this Act. Offence by sale of substance not a fertiliser. 13. Any person who sells any substance as a fertiliser or uses the word " fertiliser" (either alone or in conjunction with any other word or words) in connection with any substance, or who uses any device or means calculated to induce any person purchasing such substance to believe that the same is a fertiliser, or sells or in any manner passes off, or attempts to pass off, such substance as a fertiliser shall, unless such substance is a registered fertiliser within the meaning of this Act, be guilty of an offence against this Act. Offences 14. No dealer or person shall affix to or upon, or relatiJ;lg to issue or use with or in connection with any fertiliser, or labellIng, &c. t h ea d ver t" Ismg or sa I eo f any f er tilis' er, any I a b e I , ' mVO , lce, directions for use, or any printed, typed, or written matter which contains any statement which is false or misleading in any particular concerning such fertiliser or any material, or ingredient, or active constituent contained therein referred to. Any dealer or person who contravenes any provision of this section shall be guilty of an offence.

1935. AGRICULTURE. Fertilisers Act. 15325 15, Any dealer who sells any fertiliser under any Offences name, brand, or label which suggests, infers, or implies- srea1elat u in n gdetro' (a) Tmhae t enp ' rae I , se ' nmcgeredinients,ucohr afecrtIt' ivleisecr onosft,Itu a e nY n d t inc e o sc r n ~ C p t~ IOn. which is found to be absent; and/or (b) The absence from such fertiliser of any material, ingredient, or active constituent which is found to be present, shall be guilty of an offence against this Act, 16. (1.) The Governor in Council may from time Appoint. tooffitciemrse aasphpeoitnht 1 'n s k uschneicnesspseacrtyo,rs and analysts and other l? & lll c Se . pnetcotofrs, (2.) No officer shall be liable except ill respect of wilful misconduct to any legal proceedings for anything done or omitted to be done by him in the exercise or execution of any of his powers or duties under this Act. 17. (1.) Any inspector or other officer authorised !?owers of in that behalf may- : : s~ ~ t> : a, (a) Enter and inspect any place which he has reasonable ground for believing is kept or used for the making, manufacture, sale, storage, delivery, conveyance, or preparation for sale of any fertiliser; (b) Inspect any fertiliser which is being conveyed through or on any street or road, or conveyed by water on any vessel or boat, or by railway or tramway, or other means of transit apparently for trade, sale, or delivery ; (c) Examine and open any fertiliser or any package enclosing the same in any such place or conveyed as aforesaid; (d) Remove for examination or analysis any fertiliser or portions or samples of any such fertiliser on payment of the ordinary market price for such fertiliser; (e) Seize any fertiliser which is not registered under this Act, or which he reasonably suspects does not comply in full with the requirements of this Act, or in respect of which he reasonably suspects that all or any

15326 AGRICULTURE. Fertilisers Act. 26 GEO. V. No. 19, of the provisions of this Act have not been complied with in full, or which has been sold in Queensland by any person who is not licensed under this Act; (f) Weigh, count, measure, gauge, or mark such fertiliser or any package containing the same so seized as aforesaid, and fasten, secure, or seal the same or any door or opening giving access to the same. (2.) In the case of any fertiliser having been removed for examination or analysis by any inspector or other officer authorised in that behalf in accordance with this section, the inspector or officer concerned shall forthwith divide the sample into three parts, and shall mark and seal or fasten up each such part in such manner as its nature permits, and shall offer one of such parts to the person apparently in charge of the place where he obtained same. He shall subsequently deliver another of such parts to an analyst and shall retain the third of such parts. Such delivery to an analyst may be effected either personally or in such other manner as may be prescribed: Provided that when any fertiliser is contained in a package in such quantity that its division into three parts, as hereinbefore provided, would furnish parts insufficient for accurate analysis or examination, additional packages which purport to contain a similar fertiliser under the same name, brand, and/or label may be taken or obtained, and the contents of two or more packages may be mixed together and the mixture divided and submitted for analysis as hereinbefore provided. (3.) Any fertiliser may be removed for examination or analysis from any place notwithstanding that there is then present at such place no person apparently in charge. In such case the officer removing the fertiliser shall send by registered post a notification of such removal to the person apparently owning such fertiliser. (4.) A statement of the result of any analysis shall be sent by post forthwith to the person from whom such fertiliser was obtained. (5.) An inspector who has seized any fertiliser because of the non-compliance with respect thereto of any provision of this Act shall, if all of the provisions of this

AGRICULTURE. 15327 ] ~ ) 35. Fertilisers Act. ~ -~ - -- - -- Act relating to such fertiliser are complied with within the thirty days next following the date of such seizure, release same, otherwise such fertiliser shall be and become forfeited to the Crown and shall be disposed of in such manner as the Minister may direct. 18. The result of the analysis of any fertiliser Publication. together with the name and address or place of business ~~ : ;~ ! ~ of of the person from whom such fertiliser was obtained, or of the person in the occupation or apparent occupation of the place where such fertiliser was obtained, and any other particulars relating thereto together with any explanation and comment upon the result of the analysis, may be published in such manner as the Minister directs. 19. (1.) An officer may at any time require the Offences buyer of any fertiliser for resale to state the name and generally. address of the primary dealer from whom he purchased such fertiliser and the price charged or paid therefor, arid also to produce for inspection any invoice, agreement, circular, or advertisement relating to such fertiliser given to him by the primary dealer. (2.) Any person who withholds any such information or wilfully fails to produce such invoice, agreement, circular, or advertisement, or who assaults, intimidates, or obstructs any officer in the exercise of his powers or in the discharge of his duties under this Act, or attempts so to do, or who gives, procures, offers, or promises any bribe, recompense, inducement, or reward to influence any officer in the exercise of his powers or in the discharge of his duties under this Act or attempts so to do shall be guilty of an offence against this Act. (3.) Any person who retakes or attempts to retake any fertiliser seized, taken, or obtained under this Act, or resists or attempts to prevent such seizure, taking, or obtaining shall be guilty of an offence against this Act. (4.) Any person who opens, alters, breaks, removes, or erases any mark, fastening, or seal placed by an officer in pursuance of this Act upon any fertiliser or upon any package, place, door, or opening containing or affording access to the same shall unless he was authorised so to do by such officer be guilty of an offence against this Act.

15328' AGRICULTURE. Fertilisers Act. 26 GEO. V. No. 19, Interference with 20. Any person who knowingly and/or fraudu- samples. lently- (a) Tampers with any package of fertiliser so as to procure that any sample of it taken under this Act does not correctly represent the contents of the package; or (b) Tampers with any sample or part of a sample taken under this Act, shall be guilty of an offence against this Act. Rights of buyer of fertiliser. 21. Every buyer of any fertiliser shall be entitled to submit in the prescribed manner a sample of such fertiliser to an analyst for analysis and to receive from him a certificate of the result of his analysis. Power to refuse to accept delivery of a fertiliser. 22. No person shall be bound to accept delivery on sale of any fertiliser unless all the provisions of sections nine and ten of this Act have been complied with in respect of sllch fertiliser. Sale, &c., of noxious fertilisers. 23. No person shall sell or advertise for sale any fertiliser or lime that contains properties deleterious to plant life or that contains an excessive amount of any ingredients that may prove harmful to plant growth or health when the fertiliser is used in a reasonable manner. The names of such harmful ingredients and the amounts allowed in any fertiliser may be prescribed. Payment of 24. The cost of and incidental to the obtaining of acnoasltYoRfis. any analysis under this Act shall be paid in the first instance by the person requesting the analysis but shall subsequently be dependent upon the results of the analysis, and if the fertiliser does not comply with the requirements of this Act shall be added to the penalty and be recoverable in the same manner: Provided that if a buyer who in good faith has submitted any such samples for analysis satisfies the Minister that he had substantial ground for his action in so submitting such sample based upon his own experience of the fertiliser concerned, no charge shall be made for analysis. Offences 25. (1.) Any contravention of or failure to observe generally. or comply with any provision of this Act whether by act or omission shall be an offence against this Act.

AGRICULTURE. 15329 . H)35. Fertilisers Act. (2.) Any person guilty of an offence against this General Act for which no specific penalty is provided shall be pena ty. liable to a penalty not exceeding fifty pounds. (3.) A prosecution for an offence against this Act Who m';y may be instituted either by the person aggrieved or by prosecute. any person authorised in that behalf by the Minister. (4.) When in any proceeding in respect of an offence Effec.t ~ f against this Act a contravention of any of the provisions ctoonsvalmCtplOlen. as of this Act is proved with regard to any sample of fertiliser, such contravention shall be deemed to have been proved with regard to the whole lot from which the sample was taken. (5.) All penalties and fees imposed by or pursuant Recovery: to this Act may be recovered in a summary way by of penalties. complaint under *" The Justices Acts, 1886 to 1932." (6.) In any proceeding for such offence it shall be Certain no defence that the buyer, having bought only for : ~ ! ~ : : . no analysis, was not prejudiced by the sale, or that the fertiliser, though deficient in one or more constituents, was not defective in other constituents. (7.) A person alleged to have committed such offence S.a,:ing of in respect of any fertiliser sold by him shall be entitled ~ ~ :~ dies. to the same rights and remedies, civil or criminal, against the person from whom he bought the fertiliser as are available to the person who bought the fertiliser from him, and any damages and/or costs recovered by him may, if the circumstances justify it, include the amount of any penalty and costs and expenses paid by him on conviction and the costs of and incidental to his defence on such conviction. (8.) All penalties recovered under this Act shall be Dispositi?n paid into and become part of the Consolidated Revenue of penalt188. Fund. 26. (1.) In any proceedings no proof shall be Evidence. required- (a) Of any order to prosecute or of the particular or general appointment of any officer; or (b) Of the authority of any officer under this Act if such officer purported to act thereunder. (2.) The production by the prosecutor of a certificate of analysis purporting to be under the hand of an analyst * 50 Vic. No. 17 and amending Acts, s'upra, pages 1132 et seq.

15330 AGRICULTURE. Fertilisers Act. 26 GEO. V. No. 19, appointed for the purposes of this Act shall be sufficient evidence of the facts stated therein unless the defendant requires that the analyst shall be called as a witness, in which case he shall give notice thereof to the prosecutor before the return day. (3.) In like manner the production by the defendant of a certificate of analysis purporting to be under the hand of an analyst shall be sufficient evidence of the facts stated therein, unless the prosecutor requires that the analyst be called as a witness. A copy of such last- mentioned certificate shall be sent to the prosecutor before the return day, and if it is not so sent the court may adjourn the hearing· on such terms as it thinks proper. (4.) In the event of a disagreement between the evidence of the analyst for the prosecution and the analyst for the defence, the court may if it thinks fit order that the part of a sample retained by an officer under and in accordance with this Act shall be submitted to the Chief Agricultural Chemist for analysis; and the officer concerned shall comply with such order accordingly. (5.) The averment in any complaint that any fertiliser was dealt with or prepared or offered or received or had in possession or transit or kept or exposed or sent or forwarded or supplied or delivered or intended for sale or for purposes of sale or sold, or that the article is a fertiliser or was intended for use as a fertiliser or that the package was not labelled as prescribed, or that an invoice was not given or sent by the dealer to the buyer as prescribed, shall in every case be prima facie evidence of the fact so averred. Act not to prejudice certain rights, &c. 27. Nothing contained in this Act and no proceedings taken under this Act against any person shall in any way interfere with any right or remedy by civil process which any person aggrieved might have had if this Act had not been passed. Saving of 28. Nothing in this Act shall prejudice or affect other Acts. *" The Pest Destroyers Act of 1923," or t" The Stock Foods Acts, 1919 to 1928," or any Act amending or in substitution for such Apts or either of them. * 14 Geo. V. No. 3, Bupra, page 10743. t 10 Geo. V. No. 8 and 19 Geo. V. No. 6, ltupra, pages 9320 and 12261.

AGRICULTURE. 15331 1835. Fertilisers Act. 29. This Act shall be read and construed subject to Act read the Oommonwealth of Australia Oonstitution Act and so cubj~ < ? : ;<? as not to exceed the legislative power of the State to the onB I u Ion. intent that where any enactment thereof would but for this section have been construed as being in excess of that power it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power. 30. The Governor in Council may from time to Regulations. time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. Without limiting the generality of the foregoing provisions, the regulations may provide for all or any of the fonowing matters:- (a) Defining and declaring what are fertilisers (of Defi. ~ ing the various descriptions) under this Act. fertilisers. (b) Prescribing standards for fertilisers. Standards. (c) Prescribing active constituents and the Prescribing percentages thereof which shall be declared. const,ituents. (d) Prescribing when lime (CaO) shall be Lime. declared. (e) Prescribing the degrees of fineness for Fineness of fertilisers, and the method of declaring same. fertilisers. (j) Prescribing standard sieves that may be used Sieves. for determining the degrees of fineness in fertilisers. (g) Prescribing methods of analyses. Analysis. (h) Prescribing what fertilisers and/or what Neutralising materials or ingredients contained in fertilisers value. shall have their neutralising values ascer- tained and the methods of ascertaining the neutralising value. (i) Prohibiting the use of the words" neutralising Prohibition value" in respect of any fertiliser and/or re .. mat en.a1 or I.ngre di ent conta'Ined ' In the vnaeluutera. lismg fertiliser in any case where a neutralising value is not prescribed. (j) Quantity and nature of samples and the Samples. proportion of the bulk from which samples are to be taken for the purposes of this Act.

15332 AGRICULTURK Fertilisers Act. 26 GEO. V. No. 19,1935. Labels. Special mixtures. Method of sale. Names of fertilisers. Fees on analysis. Samples for analysis. Forms. Generally. Penalties. (le) Labelling of packages and the affixing thereof; particulars to be printed on labels and the kind and size of type to be used in the printing; and any matters or things which are not to be printed or written on labels. (l) Prescribing the procedure to be carried out by primary dealers as to labelling of special mixtures. (m) Requiring that prescribed fertilisers sha.ll be sold only in packages of such kind and size and made of such material as are prescribed. (n) Prescribing what name or names mayor may not be used to designate any particular fertiliser. (0) Fees to be paid for obtaining an analyst's analysis; witnesses' expenses to an analyst where the defendant requires that he be called as a witness. (p) Prescribing the manner in which samples other than samples taken by an inspector may be submitted for analysis and the fees in respect thereof. (q) Forms to be used under this Act. (r) Prescribing all things which by this Act are permitted to be prescribed or which are necessary or convenient to be prescribed for giving effect to this Act. (8) Penalties for offences against the regulations not exceeding in any case the sum of twenty pounds. Regulations may be made on the passing of this Act. All such regulations made or purporting to be made under this Act shall be published in the Gazette and shall thereupon have the same effect as if they were enacted in this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. All such regulations shall be laid before Parliament forthwith, if then sitting; and if not then sitting, within fourteen days after the commencement of the next ensuing session.

AGRICULTURE. 26 GEO. V. No. 24, 1935. Wheat and Wheat Products Act. If the Legislative Assembly, within the next fourteen sitting days after any regulations have been so laid before such House, resolves that such regulations or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime 'under such regulations or to the making of any new regulations. For the purpose of this section the term "sitting days" shall mean days on which the House actually sits for the despatch of business. 15333 An Act Relating to Wheat and Wheat Products. 26 Geo. V. No.24. [ASSENTED TO 5TH DECEMBER, 1935.] THE WHEAT AND WHEAT B E it enacted by the King's Most Excellent Majesty, A~: ~~u~~: 5 by and with the advice and consent of the Legis- . lative Assembly of Queensland in Parliament assembled, and by tJ le authority of the same, as follows:- 1. This Act may be cited as " The Wheat and Wheat Short title. Products Act of 1935." 2. This Act shall come into force on a date to be Commence· proclaimed by the Governor in Council by Proclamation ment. published in the Gazette, which date is herein refeITed to as the commencement of this Act. 3. This Act and ,any Proclamations, Orders in Construction Council, and regulations made thereunder shall be of Act. read and construed subject to the Commonwealth of AU8tralia Con8titution Act and so as not to exceed the legislative power of the State to the intent that where any enactment or provision thereof would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment to the extent to which it is not in excess of that power.