Fertilizers Act 1894 (SA)

ANNO QUINQUAGESIMO SEPTIMO ET QUINQUA-

GESIMO OCTAVO

A.D. 1894.

No. 602.

An Act to regulate the Sale of Agricultural Fertilisers.

[Assented to, Decem6er zrst, 18pg.l

E it Enacted by the Governor of the Province of South Aus- Preamble.

and House of Assembly of the said province, in this present Parlia-	B tralia, with the advice and consent of the Legislative Council
ment assembled, as follows:
any article manufactured in the said province, or imported from fertiliser. 1, (1) Every person who sells for use as a fertiliser of the soil Wamnty on sale of
abroad, shall sign and give to the purchaser an invoice stating the name of the article, and whether it is an artificially-compounded article or not, and what is at least the percentage of the nitrogen, potash, phosphoric acid in a soluble form, and insoluble phosphoric acid, respectively, if any contained in the article; and this invoice shall have effect as a warranty by the seller of the statements con- tained therein.
(2) For the purposes of this section, an article shall be deemed to be manufactured if it has been subjected to any artificial process.

He shall, without prejudice to any civil liability, be liable, on sum- mary

2, (1) If any person who sells any article for use as s fertiliser Penalties for breaoh

of the soil commits any of the following offences, namely:- of duty by eeller.

(a) Fails without reasonable excuse to give, on or before or a8

soon as possible after the delivery of the article, the invoice

required by this Act ; or

( B ) Causes or permits any invoice or description of the article

sold by him to be false in any material particular, to the

prejudice of the purchaser:

57" & 58" VICTORIW, No. 602.

The Ferte'liws A c t. 1 8 94.

mary conviction; for a first offence to a fine not exceeding Twenty Pounds, and for any subsequent offence to a fine not exceeding Fifty Pounds.

(2) In any proceeding for an offence under this section it shall be no defence to allege that the buyer, having bought only for analysis, was not prejudiced by the sale, or that the fertiliser, though deficient in one or more constituents, was not defective in other constituents.

(3) A person alleged to have committed an offence under this section in respect of an article sold by him shall be entitled to the same rights and remedies, civil or criminal, against the person from whom he bought the article as are available to the person who baught the article from him, and any damages recovered by him may, if the circumstances justify it, include the amount of any fine and costs paid by him on conviction under this section, and the costs of and incidental to his defence on such conviction.

Power to appoint

analysts. 3. The Governor shall appoint an agricultural analyst (here-

after referred to as the analyst).

Power for purchaser

to have fert i l i~r 4. (1) Every buyer of any article used for fertilising the soil

analysed.	shall, on payment to the analyst of a fee according to the regula- tions, be entitled within ten days after delivery of the article to the buyer, or receipt of the invoice by the buyer, whichever is later, to have the article analysed by the analyst, and to receive from him a certificate of the result of his analysis.
(2) Where a buyer of an article desires to have the article analysed, he shall, in accordance with regulations made by the Governor, take three samples of the article, and shall, in accordance with the said regulations, cause each sample to be marked, sealed, and fastened up, and shall deliver or send by post one sample with the invoice or a copy thereof to the analyst, and shall give another sample to the seller, and shall retain the third sample for future
comparison.
(3) The certificate of the analyst shall be in the form and con- tain the particulars mentioned in the Schedule hereto, or as near thereto as circumstances permit, and every analyst shall report to the Minister of Agriculture as he directs the result of any analysis made by him in pursuance of this Act.
(4) At the hearing of any civil or criminal proceeding with respect to any article analysed in pursuance of this section, the production of a certificate of the analyst shall be evidence of the facts therein stated, unless the defendant or person charged requires
that the analyst be called as a witness. rlll
(5) The costs of and incidental to the obtaining of any analysis in pursuance of this section shall be borne by the seller or the buyer, in accordance with the results of the analysis, and shall be recoverable as a simple contract debt.

5. If

57' & 58' VICTORIE, No. 602.

me Fertiliwrs Act.1094.

5. If any person knowingly and fraudulently- Pendty for tamper- lug.

(a) Tampers with any parcel of fertiliser so as to procure that

any sample of it taken in pursuance of this Act doeskmt

correctly represent the contents of the parcel: or

( b ) Tampers with any sample taken under this ,4ct :

He shall be liable, on summary conviction, to a fine not exceeding Twenty Pounds, or to imprisonment for a term not exceeding six months.

0, A prosecution for an offence under this Act may be insti- Pmsec.utions.

tuted either by the person aggrieved, or by any person authorised

in that behalf by the Minister of Agriculture.

7. All proceedings in respect of offences under this Act shall be 8ummcvoonviotions.

conducted under Act No, 6 of 1850, relating to snmmary convictions and orders, and the Act or Acts amending the same, or under any Act or Acts for the time being in force in that behalf; and there shall be an appeal from any conviction or from any other order diti missing any information to the Local Court of Adelaide in its Full Jurisdiction, which said Local Court shall have full power to make any order in respect of the cosQ of any such appeal, although the same may exceed Ten Pounds.

8, This Act shall come into operation on the first day of January,	C~mencement	of
Act.

one thousand eight hundred and ninety-five.

9, This Act may be cited as " The Fertilisers Act, 1894."	Short title.
In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

KINTORE, Governor.

SCIEEDU LE.

5 7 O & 58' VICTORIW, No. 602.

Tlze Fertilisers Act .1894.

SCHEDULE.

Fomn of Certz3cate by Analyst.

I, the undersigned, A. B., agricultural analyst, do hereby certify that on the

day of , 18 , I received a sample, labelled [here state name of

the manufacturer or importer, his place of hu.ri?hess, trade mark, or

for analysis, the result of which is as follows, viz. :-

Percentage of nitrogen	................................
Percentage of potash	................................

Percentage of phosphoric acid in a soluble form ..........

Percentage of insoluble phosphoric acid. .....,...........

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Adelaide : By authority, C. E. B~us~ow, Government Printer, North-terrace.