Phosphate Fertilizers Bounty Regulations (Amendment) (Cth)

Statutory Rules 1983 No. 3231

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Phosphate Fertilizers Bounty Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Phosphate Fertilizers Subsidy Act 1963.

Dated 15 December 1983.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

JOHN N. BUTTON

Minister of State for Industry and Commerce

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1. The Phosphate Fertilizers Bounty Regulations are amended by omitting—

“PHOSPHATE FERTILIZERS BOUNTY REGULATIONS.

1. These Regulations may be cited as the Phosphate Fertilizers Bounty Regulations.”

and substituting the following regulation:

Citation

“1. These Regulations may be cited as the Phosphate Fertilizers Subsidy Regulations.”.

Interpretation

2. Regulation 2 of the Phosphate Fertilizers Bounty Regulations is amended by omitting “Bounty” from the definition of “the Act” in sub-regulation (1) and substituting “Subsidy”.

Determination of available phosphorus content

3. Regulation 2AA of the Phosphate Fertilizers Bounty Regulations is amended by omitting “Department of Science and the Environment” from the definition of “approved analyst” in sub-regulation (1) and substituting “Department of Science and Technology”.

Applications for subsidy

4. Regulation 5 of the Phosphate Fertilizers Bounty Regulations is amended—

(a) by omitting paragraph (2) (a);

(b) by omitting from paragraph (2) (c) “either of the last two preceding paragraphs” and substituting “paragraph (b)”;

(c) by omitting paragraph (4) (b) and substituting the following paragraphs:

“(b) in relation to subsidized goods produced in Australia—

(i) the address of the premises at which they were produced; and

(ii) whether those premises were, or were deemed to be, registered premises at the time the goods were produced;

(ba) in relation to subsidized goods imported into Australia—the date on which, and the name of the port at which, they were so imported;”;

(d) by omitting paragraphs (4) (d), (e) and (f) and substituting the following paragraphs:

“(d) in relation to subsidized goods—

(i) sold by the producer or importer for use; or

(ii) used by the importer,

in Australia as a fertilizer—

(iii) a description of the nature of the goods;

(iv) their mass in tonnes;

(v) their available phosphorus content;

(vi) the date on which they were so sold or used;

(vii) the rate at which subsidy is claimed; and

(viii) the amount of subsidy claimed;

(e) in relation to subsidized goods—

(i) used by the producer; or

(ii) being phosphatic substances, used by the importer,

in the production of a fertilizer mixture for use in Australia—

(iii) a description of the nature of the goods;

(iv) their available phosphorus content;

(v) the date on which they were so used;

(vi) the mass of that mixture in tonnes;

 

(vii) the percentage of subsidized goods in that mixture;

(viii) the rate at which subsidy is claimed; and

(ix) the amount of subsidy claimed;”; and

(e) by omitting paragraph (4) (j) and substituting the following paragraph:

“(j) whether the price charged by the importer or the producer to a purchaser in respect of the sale of the goods in respect of which the application for subsidy is made is such as to pass on to the purchaser the full benefit of that subsidy.”.

The Schedule

5. The Schedule to the Phosphate Fertilizers Bounty Regulations is amended—

(a) by omitting “THE SCHEDULE.” and substituting “SCHEDULE”;

(b) by omitting “Bounty” and “, 196 .” (wherever occurring) and substituting “Subsidy” and”, 19 .”respectively;

(c) by omitting from the heading to Form 2 “BOUNTY” and substituting “SUBSIDY”; and

(d) by omitting from Form 2 “bounty” (wherever occurring) and substituting “subsidy”.

Additional amendments

6. The Phosphate Fertilizers Bounty Regulations are amended as set out in the Schedule.

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SCHEDULE Regulation 6

ADDITIONAL AMENDMENTS OF THE PHOSPHATE FERTILIZERS BOUNTY REGULATIONS

1. The following provisions of the Phosphate Fertilizers Bounty Regulations are amended by omitting “producer” (wherever occurring) and substituting “producer or importer”:

Sub-regulations 3(1) and (2), paragraphs 5(1) (c) and 5 (4) (h) and the Schedule.

2. The following provisions of the Phosphate Fertilizers Bounty Regulations are amended by omitting “bounty” (wherever occurring) and substituting “subsidy”:

Sub-regulation 5(1) and paragraphs 5 (4) (a), (c), (h), (i) and 5 (5) (a).

3. The following provisions of the Phosphate Fertilizers Bounty Regulations are amended by omitting “bountiable products” (wherever occurring) and substituting “subsidized goods”:

Sub-regulation 5(1) and paragraphs 5 (2) (b), (c), 5 (4) (g) and (i).

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1983.

2. Statutory Rules 1964 No. 29 as amended by 1969 No. 70; 1979 No. 166; 1980 No. 357; 1981 No. 175.