Fertilisers (Labelling and Sale) Act 1904 (ACT)
Fertilisers (Labelling and Sale) Act 1904
A1904-33
Republication No 6
Effective: 11 June 2020
Republication date: 11 June 2020
Last amendment made by A2020‑22
About this republication
The republished law
This is a republication of the Fertilisers (Labelling and Sale) Act 1904 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 11 June 2020. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 11 June 2020.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Fertilisers (Labelling and Sale) Act 1904
Contents
Page
1 Name of Act 2
1A Dictionary 2
1B Notes 2
3 Vendor to give statement 3
4 Approved forms 4
4A Code of practice 4
5 Regulation-making power 4
Dictionary5
Endnotes
1 About the endnotes 6
2 Abbreviation key 6
3 Legislation history 7
4 Amendment history 9
5 Earlier republications 10
Fertilisers (Labelling and Sale) Act 1904
An Act to regulate the sale and prevent the adulteration of fertilisers
Name of Act
This Act is the Fertilisers (Labelling and Sale) Act 1904.
1ADictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act.
Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
1BNotes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.
Vendor to give statement
(1)A vendor of fertiliser must, on or before its delivery, give the purchaser a statement about the nature and quantities of the chemical constituents of the fertiliser.
Maximum penalty: 5 penalty units.
NoteIf a form is approved under s 4 (Approved forms) for a statement, the form must be used.
(2)A vendor of fertiliser must not give the purchaser an incorrect or false statement.
Maximum penalty: 5 penalty units.
(3)In proceedings for an offence against this section —
(a)evidence that a bag, barrel or other package containing fertiliser was branded with a statement of a kind referred to in that subsection is prima facie evidence that the statement relates to the contents of the bag, barrel or other package; and
(b)evidence that a statement of a kind referred to in subsection (1) was delivered to a purchaser of a bag, barrel or other package containing fertiliser and that the statement and the bag, barrel or other package containing fertiliser were each marked with the same name, letter or other mark is prima facie evidence that the statement relates to the contents of the bag, barrel, or other package.
(4)A vendor does not commit an offence under subsection (2) if the statement provided to the purchaser substantially complies with the code of practice approved under section 4A.
Approved forms
(1)The Minister may, in writing, approve forms for this Act.
(2)If the Minister approves a form for a particular purpose, the approved form must be used for that purpose.
NoteFor other provisions about forms, see Legislation Act 2001, s 255.
(3)An approved form is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
4ACode of practice
(1)The Minister may approve a code of practice relating to fertiliser labelling for this Act.
(2)An approval is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Regulation-making power
The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Dictionary
(see s 1A)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· Executive
· Minister (see s 162)
· penalty unit (see s 133).
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
The Fertilisers (Labelling and Sale) Act 1904 was originally a NSW Act—the Fertilisers Act 1904 No 33 (NSW). It was renamed by the Statute Law Amendment Act 2009 (No 2) A2009-49 (see amdt 3.66).
The Act was in force in NSW immediately before 1 January 1911 (the date of establishment of the ACT) and was continued in force by the Seat of Government Acceptance Act 1909 (Cwlth), s 6.
Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had effect in the ACT as if it were an ACT law (subject to ordinances made under the Seat of Government (Administration) Act 1910 (Cwlth)).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former NSW laws in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
Under the Interpretation Act 1967 (repealed), s 65 all former NSW Acts in force in the ACT immediately before 10 November 1999 (including this Act) became, for all purposes, laws made by the ACT Legislative Assembly. This completed the process of making former NSW Acts fully into ACT laws.
NSW legislation
Fertilisers (Labelling and Sale) Act 1904 A1904-33
assented to 29 December 1904
commenced 1 March 1905 (s 1)as amended by
Commonwealth legislation
New South Wales Acts Application Ordinance 1984 Ord1984‑41 sch 2 pt 13
assented to 10 August 1984
commenced 10 August 1984Self-Government (Consequential Amendments) Ordinance 1989 Ord1989‑38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)Legislation after becoming Territory enactment
Statute Law Revision (Penalties) Act 1998 A1998‑54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 142
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 142 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)Statute Law Amendment Act 2001 (No 2) A2001‑56 pt 3.19
notified 5 September 2001 (Gaz 2001 No S65)
commenced 5 September 2001 (s 2 (1))Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.44
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))sch 3 pt 3.44 commenced 12 April 2007 (s 2 (1))
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.28
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))sch 3 pt 3.28 commenced 17 December 2009 (s 2)
Planning and Environment Legislation Amendment Act 2020 A2020‑22 pt 4
notified LR 10 June 2020
s 1, s 2 commenced 10 June 2020 (LA s 75 (1))pt 4 commenced 11 June 2020 (s 2)
Amendment history
The New South Wales Acts Application Act 1984, sch 2, pt 13 set out the text of this Act in an amended form and provided for the amended form to apply as the text of the Act in force in the ACT. This endnote, therefore, only details amendments made after the enactment of the 1984 Act.
Name of Act
s 1sub A2001‑56 amdt 3.253; A2009‑49 amdt 3.66
Dictionary
s 1Ains A2007‑3 amdt 3.241
am A2020‑22 s 8
Notes
s 1Bins A2007‑3 amdt 3.241
Meaning of fertiliser
s 2om A2020‑22 s 9
def fertiliser sub A2001‑56 amdt 3.254
om A2020‑22 s 9
def prescribed om A2001‑44 amdt 1.1620
Vendor to give statement
s 3am A1998‑54 sch; A2001‑44 amdt 1.1621, amdt 1.1622; A2020‑22 s 10
Approved forms
s 4am Ord1989‑38 sch 1
sub A2001‑44 amdt 1.1623
(4)-(7) exp 12 September 2002 (s 4 (7))
Code of practice
s 4Ains A2020‑22 s 11
Regulation-making power
s 5ins A2001‑44 amdt 1.1623
Schedule
schom A2001‑44 amdt 1.1624
Dictionary
dictins A2007‑3 amdt 3.242
def fertiliser ins A2007‑3 amdt 3.242
om A2020‑22 s 12
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 Ord1989-38 31 August 1992 2 A2001‑56 16 July 2002 3 A2001‑56 13 September 2002 4 A2007‑3 12 April 2007 5 A2009-49 17 December 2009
0
0
0