Phosphate Fertilizers Subsidy Act 1963 (Cth)
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963
- Reprinted as at 31 May 1984 (HISTACT CHAP 757 #DATE 31:05:1984)
- Reprinted as at 31 May 1984 (HISTACT CHAP 757 #DATE 31:05:1984)
*1* The Phosphate Fertilizers Subsidy Act 1963 as shown in this reprint comprises Act
(The citation "Phosphate Fertilizers Subsidy Act 1963" is provided for by the Amendments Incorporation Act 1905 and the Acts Citation Act 1976.)
Table of Acts
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
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Phosphate
Fertilizers Bounty
Act 1963 78, 1963 31 Oct
1963 31 Oct 1963
Phosphate
Fertilizers Bounty
Act 1966 40, 1966 27 Sept
1966 27 Sept 1966 -
Phosphate
Fertilizers Bounty
Act 1968 86, 1968 21 Nov
1968 14 Aug 1968 -
Phosphate
Fertilizers Bounty
Act 1969 66, 1969 12 Sept
1969 13 Aug 1969 S. 5 (rs.
by 115,
1970, s. 3)
as
amended
by
115, 1970 11 Nov
1970 13 Aug 1969 (see
s. 2) -
Phosphate
Fertilizers Bounty
Act 1971 86, 1971 3 Nov
1971 3 Nov 1971 -
Phosphate
Fertilizers Bounty
Amendment Act 1976 19, 1976 8 Apr
1976 11 Feb 1976 -
Phosphate
Fertilizers Bounty
Amendment Act 1977 66, 1977 16 June
1977 1 July 1977 S. 11
Statute Law
(Miscellaneous
Amendments) Act
(No. 1) 1982 26, 1982 7 May
1982 Part X (s. 72):
4 June 1982 (a) -
Fertilizers
(Subsidy)
Amendment Act 1982 69, 1982 31 Aug
1982 1 July 1982 -
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(a) The Phosphate Fertilizers Subsidy Act 1963 was amended by Part X (section 72) only of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982, sub-section 2 (12) of which provides that Part X shall come into operation on the twenty-eighth day after Royal Assent.
Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
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Provision affected How affected
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Title . . . . . . . . am. No. 69, 1982
S. 1 . . . . . . . . am. No. 69, 1982
S. 3 . . . . . . . . am. No. 19, 1976; No. 66, 1977; No. 69, 1982
S. 4 . . . . . . . . am. No. 40, 1966; No. 86, 1968; No. 86, 1971; No.
19, 1976
rs. No. 66, 1977; No. 69, 1982
S. 4A . . . . . . . . ad. No. 86, 1968
am. No. 66, 1977; No. 69, 1982
S. 5 . . . . . . . . rs. No. 66, 1977; No. 69, 1982
S. 5A . . . . . . . . ad. No. 66, 1977
rs. No. 69, 1982
Ss. 6, 7 . . . . . . rs. No. 69, 1982
S. 7A . . . . . . . . ad. No. 69, 1982
Ss. 8, 9 . . . . . . am. No. 40, 1966; No. 86, 1968; No. 66, 1969; No.
19, 1976
rs. No. 66, 1977
am. No. 69, 1982
S. 10 . . . . . . . . am. No. 69, 1982
S. 11 . . . . . . . . rs. No. 66, 1977
am. No. 69, 1982
S. 12 . . . . . . . . am. No. 69, 1982
S. 13 . . . . . . . . am. No. 19, 1976; No. 69, 1982
S. 14 . . . . . . . . am. No. 69, 1982
S. 16 . . . . . . . . am. No. 40, 1966; No. 19, 1976; No. 69, 1982
S. 17 . . . . . . . . am. No. 19, 1976; No. 69, 1982
S. 19 . . . . . . . . am. No. 66, 1977; No. 69, 1982
S. 20 . . . . . . . . am. No. 40, 1966; No. 19, 1976; No. 69, 1982
S. 20A . . . . . . . ad. No. 66, 1977
S. 21 . . . . . . . . am. Nos. 26 and 69, 1982
S. 23 . . . . . . . . am. No. 69, 1982
S. 24 . . . . . . . . am. No. 40, 1966; No. 19, 1976; No. 69, 1982
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PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - TABLE OF PROVISIONS TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Subsidy in respect of goods produced or imported
4A. Trace elements, compounds and substances, deemed to be subsidized
goods
5. Uniformity
5A. To whom subsidy payable
6. Subsidy may be paid to person authorized by the producer or importer
7. Benefit of subsidy to be passed on to purchasers
7A. Avoidance of double subsidy
8. Rate of subsidy in respect of superphosphate
9. Rate of subsidy in respect of phosphatic substances other than
superphosphate
10. Good quality essential
11. Approval of payment of subsidy
12. Advance on account of subsidy
13. Registration of premises
14. Accounts, &c.
15. Appointment of authorized persons
16. Stocktaking and inspection of production and accounts, &c.
17. Power to require person to answer questions and produce documents
18. Power to examine on oath
19. Security for compliance with Act and regulations
20. Offences
20A. Applications for review of decisions
21. Return for Parliament
22. Delegation
23. Appropriation
24. Regulations
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - LONG TITLE SECT
An Act to provide for the payment of subsidy on the production, or in respect of the importation, of certain Phosphate Fertilizers
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 1
Short titleSECT
1. This Act may be cited as the Phosphate Fertilizers Subsidy Act 1963 .*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 2
CommencementSECT
2. This Act shall come into operation on the day on which it receives the Royal Assent.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 3
InterpretationSECT
3. (1) In this Act, unless the contrary intention appears-
"authorized person" means a person appointed by the Minister under section 15;
"available phosphorus content", in relation to a substance in respect of which subsidy is claimed, means the available phosphorus content of that substance as determined in accordance with the regulations;
"Collector" means Collector of Customs for a State or Territory;
"fertilizer mixture" means a mixture resulting from the addition to a phosphatic substance of fertilizers that are not phosphatic substances;
"phosphatic substance" means superphosphate, ammonium phosphate or any other substance that is a chemical compound composed in part of phosphorus;
"registered premises" means premises registered by the Minister under section 13;
"subsidized goods" means-
(a) in a case to which paragraph (b) does not apply-phosphatic substances; and
(b) in the case of goods imported into Australia-phosphatic substances or goods being fertilizer mixtures;
"subsidy" means subsidy under this Act and includes an advance on account of subsidy under section 12;
"subsidy period" means the period commencing on 1 July 1982 and ending on 30 June 1985;
"the Comptroller-General" means the Comptroller-General of Customs.
(2) For the purposes of this Act, use as a supplement to stock food shall be regarded as use as a fertilizer.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 4
Subsidy in respect of goods produced or importedSECT
4. (1) Subsidy is payable in accordance with this Act on the production (whether before or after the commencement of the subsidy period) of subsidized goods. (2) A producer is not entitled to receive subsidy in respect of subsidized goods unless those goods have been produced at registered premises and-
(a) are sold during the subsidy period by the producer for use in Australia as a fertilizer; or
(b) are used during the subsidy period by the producer in the production of a fertilizer mixture for use in Australia.
(3) Subject to this Act, where subsidized goods are imported into Australia after the commencement of the subsidy period and, during the subsidy period, the goods-
(a) are sold for use, or used by the importer, in Australia as a fertilizer; or
(b) being phosphatic substances, are used by the importer in the production of a fertilizer mixture for use in Australia,
subsidy is payable in respect of the importation into Australia of those goods.(4) Where a person sells a phosphatic substance to another person for use by the other person in producing a fertilizer mixture, the first-mentioned person shall, for the purposes of this section, be deemed to have sold the phosphatic substance for use as a fertilizer.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 4A
Trace elements, compounds and substances, deemed to be subsidized goodsSECT
4A. (1) The regulations may specify-
(a) a trace element;
(b) a compound of a trace element; or
(c) a substance that contains not less than a specified proportion of a trace element or of a compound of a trace element,
to be a trace element, a compound or a substance in relation to which this section applies.(2) Where a trace element, a compound or a substance in relation to which this section applies has been added to a phosphatic substance in respect of which subsidy is claimed, the trace element, compound or substance so added shall be deemed to be that phosphatic substance and to have the same available phosphorus content as that phosphatic substance, and subsidy is payable accordingly.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 5
UniformitySECT
5. A power conferred on the Governor-General or the Minister by this Act shall not be exercised in such a manner that any subsidy that is a bounty within the meaning of paragraph 51 (iii) of the Constitution would not be uniform throughout the Commonwealth within the meaning of that paragraph.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 5A
To whom subsidy payableSECT
5A. Subject to section 6, subsidy in respect of subsidized goods is payable-
(a) in the case of subsidy payable under sub-section 4 (1)-to the producer of the subsidized goods; and
(b) in the case of subsidy payable under sub-section 4 (3)-to the importer of the subsidized goods.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 6
Subsidy may be paid to person authorized by the producer or importerSECT
6. Subsidy payable to a person may, subject to such conditions and restrictions, if any, as are prescribed, be paid to another person authorized by the first-mentioned person to receive the subsidy.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 7
Benefit of subsidy to be passed on to purchasersSECT
7. Where the Minister is not satisfied that the prices being charged by a producer or importer to purchasers in respect of the sale of goods, being goods in respect of which subsidy is payable, are such as to pass on to the purchasers the full benefit of that subsidy, the Minister may direct that subsidy shall not be paid to that producer or importer.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 7A
Avoidance of double subsidySECT
7A. Where subsidy becomes payable in respect of any goods under this Act, subsidy is not payable under this Act in respect of goods made in whole or in part from those goods.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 8
Rate of subsidy in respect of superphosphateSECT
8. (1) Subsidy in respect of superphosphate, not being superphosphate in respect of which sub-section (2) applies, is payable at the rate of $12.00 for each tonne of superphosphate. (2) Where the percentage of the available phosphorus content of any superphosphate is less than 8.5 per centum or more than 8.9 per centum by weight of the superphosphate, subsidy in respect of the superphosphate is payable at the rate of $138.00 for each tonne of the available phosphorus content of the superphosphate.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 9
Rate of subsidy in respect of phosphatic substances other than
superphosphateSECT
9. Subsidy in respect of any phosphatic substance other than superphosphate is payable at the rate of $138.00 for each tonne of the available phosphorus content of the substance.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 10
Good quality essentialSECT
10. Subsidy is not payable in respect of any subsidized goods unless the Comptroller-General is satisfied that they are of good and merchantable quality.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 11
Approval of payment of subsidySECT
11. (1) Where an application for subsidy in respect of subsidized goods is lodged in accordance with the regulations, the Minister shall-
(a) if he is satisfied that subsidy is payable in respect of those goods-approve the payment of the subsidy; or
(b) if he is not so satisfied-refuse to approve payment of the subsidy.
(2) In sub-section (1), subsidy does not include an advance on account of subsidy under section 12.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 12
Advance on account of subsidySECT
12. (1) An advance on account of subsidy may be made to a producer or importer on such terms and conditions (including conditions with respect to the passing on to purchasers of subsidized goods or fertilizer mixtures from the producer or importer of the full benefit of the amount of the advance) as are approved by the Minister. (2) If a person receives by way of advances in respect of subsidy on any subsidized goods an amount greater than the amount of subsidy payable in respect of those goods, he is liable to repay to the Commonwealth the amount of the excess, and the Commonwealth may recover the amount of the excess as a debt due to the Commonwealth by action in a court of competent jurisdiction.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 13
Registration of premisesSECT
13. (1) The regulations may prescribe conditions to be complied with, for the purposes of this Act, in connexion with the production of subsidized goods at registered premises. (2) Where a person carries on, or proposes to carry on, the production of subsidized goods at any premises, he may apply to the Minister for the registration of those premises for the purposes of this Act.
(3) If any conditions have been prescribed under sub-section (1), the Minister shall not register the premises unless he is satisfied that those conditions have been, or will be, complied with.
(4) The Minister may require an applicant under this section to furnish such information as the Minister considers necessary for the purposes of this Act and may refuse to register the premises until the information is furnished to his satisfaction.
(5) Subject to the last two preceding sub-sections, if, in the opinion of the Minister, subsidized goods are, or are proposed to be, produced at the premises in respect of which the application is made, he shall register those premises for the purposes of this Act.
(6) If the Minister so determines, the registration shall be deemed to have taken effect from a date specified by the Minister, which may be a date before the commencement of this Act.
(7) Where the Minister is satisfied-
(a) that subsidized goods are not being produced at registered premises;
(b) that subsidized goods are not being so produced by the person who applied for registration of the premises; or
(c) if any conditions have been prescribed under sub-section (1), that subsidized goods are not being so produced in accordance with those conditions,
he may, by notice in writing served on the occupier, and, if the occupier is not the person who applied for the registration of the premises, on that person, cancel the registration of the premises.(8) For the purposes of the application of section 29 of the Acts Interpretation Act 1901-1963 to the service of a notice under the last preceding sub-section, a notice posted as a letter addressed to the occupier, or to the person who applied for the registration of the premises, at the registered premises shall be deemed to be properly addressed.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 14
Accounts, &c.SECT
14. (1) A producer or importer of subsidized goods is not entitled to subsidy unless he keeps, to the satisfaction of the Minister, accounts, books and documents showing, from time to time, such information as the Minister requires with respect to-
(a) in the case of a producer-the production and sale by the producer of subsidized goods and fertilizer mixtures; and
(b) in the case of an importer-the importation and sale by the importer of subsidized goods and fertilizer mixtures.
(2) A producer or importer of subsidized goods is not entitled to subsidy unless he furnishes to the Comptroller-General, in respect of each financial year in which subsidy is payable-
(a) such information and accounts as the Minister requires in relation to-
(i) in the case of a producer-the production and sale by the producer of subsidized goods and fertilizer mixtures; and
(ii) in the case of an importer-the importation and sale by the importer of subsidized goods and fertilizer mixtures; and
(b) if so directed by the Minister-a certificate signed by the producer or importer, as the case may be, that the information and accounts so furnished are true and correct in every particular and a certificate, signed by an auditor, that the information and accounts are true and correct to the best of the auditor's knowledge and belief.
(3) For the purposes of the last preceding sub-section, "financial year", in relation to a person, means a year that is a year of income for the purposes of the law relating to income tax in its application to that person.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 15
Appointment of authorized personsSECT
15. The Minister may, by writing under his hand, appoint persons to be authorized persons for the purposes of this Act.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 16
Stocktaking and inspection of production and accounts, &c.SECT
16. (1) For the purposes of this Act, an authorized person may, at all reasonable times enter-
(a) registered premises; or
(b) any premises where there are stored subsidized goods in respect of which, or fertilizer mixtures in respect of the subsidized goods in which, subsidy has been claimed, or, in the opinion of the authorized person, is likely to be claimed,
and may-
(c) inspect or take stock of any subsidized goods or fertilizer mixtures;
(d) inspect the processes of production of any subsidized goods or fertilizer mixtures;
(e) take samples of any subsidized goods or fertilizer mixtures; and
(f) inspect the accounts, books and documents relating to the production, importation and sale of subsidized goods or fertilizer mixtures.
(2) The occupier or person in charge of any registered premises or of premises referred to in paragraph (b) of the last preceding sub-section shall provide the authorized person with all reasonable facilities and assistance for the effective exercise of his powers under this section.Penalty: $100.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 17
Power to require person to answer questions and produce documentsSECT
17. (1) The Comptroller-General, a Collector or an authorized person may, by notice in writing, require a person whom he believes to be capable of giving information relevant to the operation of this Act in relation to the production, importation, storage, sale or use of subsidized goods or fertilizer mixtures to attend before him at the time and place specified in the notice and there to answer questions and to produce to him such accounts, books and documents in relation to the production, importation, storage, sale or use of subsidized goods or fertilizer mixtures as are referred to in the notice. (2) The Comptroller-General, a Collector or an authorized person, may make and retain copies of, or extracts from, any accounts, books or documents produced in pursuance of this section.
(3) A person is not excused from answering a question or producing any accounts, books or documents when required so to do under this section on the ground that the answer to the question or the production of the accounts, books or documents might tend to incriminate him or make him liable to a penalty, but his answer to any such question is not admissible in evidence against him in proceedings other than proceedings for an offence against paragraph (c) of sub-section (1) or paragraph (c) of sub-section (2) of section 20.
(4) Where a producer or importer or a person employed by a producer or importer has failed to attend or to answer a question or to produce any account, book or document when required so to do under this section, subsidy is not payable to the producer or importer, unless the Minister otherwise directs, until the producer or importer or that person has attended, answered the question or produced the account, book or document, as the case may be.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 18
Power to examine on oathSECT
18. (1) The Comptroller-General, a Collector or an authorized person may administer an oath to a person required to attend before him in pursuance of the last preceding section and may examine that person on oath. (2) Where any such person conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath and that he will state the truth, the whole truth and nothing but the truth to all questions asked him.
(3) An affirmation so made is of the same force and effect, and entails the same penalties, as an oath.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 19
Security for compliance with Act and regulationsSECT
19. The Minister may require a producer or importer to give security, in an amount determined by the Minister, by bond, guarantee or cash deposit, or by all or any of those methods, for compliance by him with the provisions of this Act and the regulations or for the performance of an undertaking given by him for the purposes of this Act or the regulations, and the producer or importer is not entitled to subsidy unless he gives security accordingly.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 20
OffencesSECT
20. (1) A person shall not refuse or fail-
(a) to attend before the Comptroller-General, a Collector or an authorized person;
(b) to be sworn or make an affirmation; or
(c) to answer a question or produce an account, book or document,
when so required in pursuance of this Act.
Penalty: $100.
(2) A person shall not-
(a) obtain subsidy that is not payable;
(b) obtain payment of subsidy by means of a false or misleading statement; or
(c) present to an officer or other person doing duty in relation to this Act or the regulations an account, book or document, or make to such an officer or person a statement, that is false or misleading in a material particular.
Penalty: $1,000 or imprisonment for twelve months.(3) Where a person is convicted of an offence against the last preceding sub-section, the court may, in addition to imposing a penalty under that sub-section, order the person to refund to the Commonwealth the amount of any subsidy wrongfully obtained.
(4) Where a court has made an order under the last preceding sub-section, a certificate under the hand of the appropriate officer of the court specifying the amount ordered to be refunded and the person by whom the amount is payable may be filed in a court having civil jurisdiction to the extent of that amount and is thereupon enforceable in all respects as a final judgment of that court.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 20A
Applications for review of decisionsSECT
20A. Applications may be made to the Administrative Appeals Tribunal for review of-
(a) a direction of the Minister given under section 7;
(b) a decision of the Comptroller-General made for the purposes of section 10;
(c) an approval of the Minister given under sub-section 11 (1) or a refusal of the Minister to give an approval under that sub-section;
(d) a refusal of the Minister to register premises under section 13;
(e) a determination made by the Minister for the purposes of sub-section 13 (6) or a refusal of the Minister to make a determination for the purposes of that sub-section;
(f) a decision of the Minister made for the purposes of sub-section 13 (7); or
(g) a determination by the Minister of an amount of security made for the purposes of section 19.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 21
Return for ParliamentSECT
21. (1) The Comptroller-General shall, as soon as practicable after the end of each financial year in which subsidy is paid, furnish to the Minister a return setting forth-
(a) the name and address of each producer or importer to whom subsidy was paid;
(b) the quantity of subsidized goods in respect of which subsidy was paid to each producer or importer;
(c) the amount of subsidy paid to each producer or importer; and
(d) such other particulars, if any, as are prescribed.
(2) The Minister shall cause a copy of the return to be tabled in each House of the Parliament within fifteen sitting days of that House after the return is received by him.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 22
DelegationSECT
22. (1) The Minister or the Comptroller-General may either generally or in relation to a matter or class of matters and either in relation to the whole of the Commonwealth or to a State or part of the Commonwealth, by writing under his hand delegate all or any of his powers and functions under this Act (except this power of delegation). (2) A power or function so delegated may be exercised or performed by the delegate in accordance with the instrument of delegation.
(3) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the Minister or the Comptroller-General, as the case may be.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 23
AppropriationSECT
23. Subsidy is payable out of the Consolidated Revenue Fund, which is appropriated accordingly.
PHOSPHATE FERTILIZERS SUBSIDY ACT 1963 - SECT 24
RegulationsSECT
24. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular prescribing-
(a) the manner in which, and the time within which, applications for subsidy shall be made;
(b) the information to be furnished by applicants in connexion with applications for subsidy; and
(c) penalties not exceeding $100 for offences against the regulations.
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