Primary Producers Relief Regulations 1939 (Cth)

STATUTORY RULES.

1939. No. 25.

 

REGULATIONS UNDER THE STATES GRANTS (FERTILIZER) ACT (NO. 2) 1938.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the States Grants (Fertilizer) Act (No. 2) 1938.

Dated this fourth day of April, 1939.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for Minister of State for Commerce.

 

Primary Producers Relief Regulations 1939.

Citation.

1. These Regulations may be cited as the Primary Producers Relief Regulations 1939.

Interpretation.

2. In these Regulations—

(a) “the Act” means the States Grants (Fertilizer) Act (No. 2) 1938; and

(b) any reference to a Form shall be read as a reference to a Form contained in the Schedule to these Regulations.

Form of application for certificate under s. 5 of Act.

3. An application by a primary producer in a State for a certificate under section 5 of the Act shall be in accordance with Form A, and shall be supported by—

(a) a declaration by the applicant in the form contained in that Form; and

(b) a certificate, in the form contained in that Form, signed by the supplier of the artificial manure or by any person employed by that supplier and authorized in accordance with regulation 12 of these Regulations.

Form of certificate under s. 5 of Act.

4. The certificate referred to in section 5 of the Act shall be in accordance with Form B.

Form of application under s. 6 of Act.

5. An application by a primary producer for payment of any amount claimed under section 6 of the Act shall be in accordance with Form C, and shall be supported by—

(a) a declaration by the claimant in the form contained in that Form; and

(b) a certificate, in the form contained in that Form, signed by the supplier of the artificial manure or by any person employed by that supplier and authorized in accordance with regulation 12 of these Regulations.

* Notified in the Commonwealth Gazette on , 1939.

700—8/17.3.1939—Price 8d.

Form of application by State.

6.—(1.) An application by a State for payment of any amount claimed under section 7 of the Act shall be in accordance with Form, D.

(2.) The application shall be made by the Permanent Head of the Department by which the artificial manure was used or supplied.

Form of application by approved organization.

7. An application by an approved organization for the prescribed certificate referred to in paragraph (iii) of the proviso to section 7 of the Act shall be made by the Chairman or Secretary of the organization in accordance with Form E and shall be supported by a declaration in the form contained in that Form.

Form of certificate under s. 7 of Act.

8. The certificate referred to in sub-paragraph (1) of paragraph (iii) of the proviso to section 7 of the Act shall be in accordance with Form F.

Declarations in applications.

9. A declaration in any application lodged in pursuance of these Regulations shall be made before a Commissioner for Declarations, a Commissioner for Affidavits, Notary Public, Justice of the Peace, Bank Manager, Postmaster (or officer in charge of a Post Office), Station Master (or other railway official in charge of a Station or Siding), or a Constable or Officer of Police.

Where applications to be lodged.

10. An application in pursuance of these Regulations shall be forwarded to the Secretary of the Department of Commerce at the address specified in the second column of the following table opposite to the name of the State or Territory in which the artificial manure was used:—

State or Territory.	Address.
New South Wales..........................	Commonwealth Bank Buildings, Cnr. Pitt-street and Martin-place, Sydney.
Victoria.........................................	A.M.P. Buildings, 419 Collins-street, Melbourne, C.l
Queensland...................................	Commonwealth Offices, Adelaide-street, Brisbane
South Australia.............................	C/o Deputy Director of Naviagtion and Lighthouses, 29 North-parade,
Port Adelaide
Western Australia..........................	C/o Deputy Director of Navigation and Lighthouses, Customs House,
Fremantle
Tasmania......................................	C/o Collector of Customs,
Customs House,
Hobart
Australian Capital Territory Northern Territory...................	Commonwealth Offices, East Block, Canberra

Claims by share-farmers.

11. Where two or more primary producers (such as share-farmers, partners, co-owners and the like) have jointly used artificial manure in the production of primary produce other than wheat, applications made by them under these Regulations shall be signed by each of them, and Forms A, B, and C may be altered to such extent as is necessary to meet the circumstances.

Certificates by employees.

12.—(1.) The supplier of any artificial manure may, in accordance with Form G, authorize any person who is employed by that supplier to sign the certificate referred to in paragraph (b) of regulation 3 or paragraph (b) of regulation 5 of these Regulations, and any certificate so signed shall be deemed for all purposes to be of the same effect as if it had been signed by the supplier.

(2.) A copy of every authority referred to in the last preceding sub-regulation shall be forwarded by the supplier to the Secretary of the Department of Commerce.

 

THE SCHEDULE.

——

Form A.  Reg. 3.

Commonwealth of Australia.

States Grants (Fertilizer) Act (No. 2) 1938.

Primary Producers Relief Regulations 1939.

APPLICATION FOR CERTIFICATE OF THE SECRETARY OF THE DEPARTMENT OF COMMERCE IN RESPECT OF ARTIFICIAL MANURE USED BY A PRIMARY PRODUCER BETWEEN 1st JULY, 1938, AND 30th JUNE, 1939.

To the Secretary of the Department of Commerce,

1. I/We [Christian names in full, surname(s) in block letters], of [full postal address] hereby apply for a certificate in accordance with section 5 of the States Grants (Fertilizer) Act (No. 2) 1938 stating that I/We have produced satisfactory evidence that I/We have used in the State of , during the year ending on the thirtieth day of June, 1939, in the production of primary produce other than wheat,* tons of artificial manure.

2. Particulars of the artificial manure so used are as follows:—

(N.B.—Full details must be inserted.)

(a) State class of primary produce on which artificial manure was used, e.g., oats, maize, hops, beans, peas, apples, pears, &c.

Class of primary produce. (a)	Area planted.	Quantity of artificial manure used in respect of each class of primary produce.
Acres.	Tons.	Cwt.	Qrs.	Lb.

* Payments may be made to primary producers at the rate of 10s. per ton of artificial manure used by primary producers during the year ending on the thirtieth day of June, 1939, in the production of primary produce other than wheat. Payments are made only in respect of tons and half-tons, and any artificial manure in excess of 10 tons used by any primary producer is excluded.

 Artificial manure means any substance—

(a)which contains nitrogen, phosphoric acid or potash;

(b)which has been manufactured, produced or prepared in any manner for the purpose of fertilizing the soil or supplying nutriment to plants; and

(c) in respect of which the laws of the State in which it was used in relation to the preparation and sale of that substance as a fertilizer have been complied with,

but does not include—

(d) any animal or vegetable matter which has not been subjected to process or manufacture;

(e) agricultural lime or other soil amendment; or

(f) any product prepared primarily for supplying lime to the soil.

3. The artificial manure referred to above was purchased by me from the following persons, companies or firms:—

Name of person, firm or company.	Address.	Kind and brand of artificial manure.	Date of purchase.	Quantity purchased.
Tons.	Cwt.	Qrs.	Lb.

(b) Here state the first and last days of the period during which the artificial manure was used.

(c) Strike out this paragraph if you are not a share-farmer.

(d) Cross out whichever is inapplicable. Attach a separate statement if the space provided is insufficient.

4. The artificial manure referred to above was actually applied to the soil between (b)  , 19 , and (b), 19 .

5. (c) The provisions of my share-farming agreement are (d) as set out in the attached

statement./ (d) as follows:—

 

(e) Strike-out the following words if not applicable.

(f) Here set out dates of any previous applications and the addresses to which they were forwarded.

(g) Where there are two or more applicants, each must sign with his usual signature.

(h) The witness must be a Commissioner for Declarations Commissioner for Affidavits, Notary Public, Justice of the Peace, Bank Manager, Postmaster (or officer in charge of a Post Office), Stationmaster (or other railway official in charge of station or siding), or a Constable or Officer of Police

Declaration by Applicant.‡

I/We  declare as follows:—

1. The statements set out in the foregoing application are true and correct.

2. No payment has been previously claimed by me or made to me in respect of any of the artificial manures referred to in the foregoing application.

3. No application has been previously made by me in respect of artificial manure used during the year ending on the thirtieth day of June, 1939, (e) except the applications particulars of which are as follows:—

(f)

Dated this  day of , 19 .

Signature or mark of applicant or applicants. (g)

Declared by the above-named applicant(s) before me—(h)

Signature

Designation

Address

‡ Penalty.—The penalty under the Act for obtaining any payment by means of any false or misleading statement, or presenting any document or making any statement which is false in any particular is a fine not exceeding £500, or imprisonment for a term not exceeding two years.

Certificate of Supplier of Artificial Manure.

(i) Strike out whichever is inapplicable.

I certify that the following (i)quantity/(i)quantities of artificial manure referred to in the above application (i)was/(i)were supplied by me to the applicant (s) on the dates shown hereunder:—

Quantity.				Kind and brand of artificial manure.	Date of supply.
Tons.	Cwt.	Qrs.	Lb.

Dated this day of , 19 .

Signature of—

(i) Supplier of the artificial manure,

or

(i) Person authorized by the supplier.

Address.

 

Form B.  Reg. 4.

Commonwealth of Australia.

States Grants (Fertilizer) Act (No. 2) 1938.

Primary Producers Relief Regulations 1939.

CERTIFICATE UNDER SECTION 5 OF THE ACT.

In pursuance of section 5 of the States Grants (Fertilizer) Act (No, 2) 1938, I hereby certify that   in the State of  has produced satisfactory evidence that he has used in the State of  during the year ending on the thirtieth day of June, 1939, in the production of primary produce other than wheat,  tons of artificial manure.

Dated this  day of , 19 .

Secretary, Department of Commerce.

———

Form C.  Reg. 5.

Commonwealth of Australia.

States Grants (Fertilizer) Act (No. 2) 1938.

Primary Producers Relief Regulations 1939.

APPLICATION BY A PRIMARY PRODUCER IN A TERRITORY FOR A PAYMENT IN RESPECT OF ARTIFICIAL MANURE USED BETWEEN 1st JULY, 1938, AND 30th JUNE, 1939.

To the Secretary of the Department of Commerce,

Commonwealth Offices,

East Block,

Canberra.

I/We[Christian name in full, surname(s) in block letters], of [full postal address] hereby apply for a payment of £  in respect of*  tons of artificial manure  obtained from the suppliers whose names are set out

* Payments may be made to primary producers at the rate of 10s. per ton of artificial manure used by primary producers during the year ending on the thirtieth day of June, 1939, in the production of primary produce other than wheat. Payments are made only in respect of tons and half-tons, and any artificial manure in excess of 10 tons used by any primary producer is excluded.

 Artificial manure means any substance—

(a) which contains nitrogen, phosphoric acid or potash; and

(b)which has been manufactured, produced or prepared in any manner for the purpose of fertilizing the soil or supplying nutriment to plants,

but does not include—

(c) any animal or vegetable matter which has not been subjected to process or manufacture;

(d) agricultural lime or other soil amendment; or

(e) any product prepared primarily for supplying lime to the soil.

in the declaration hereunder and used by me/us during the year ending on the thirtieth day of June, 1939, in the  Territory in the production of primary produce other than wheat.

Particulars of the primary produce in the production of which artificial manure has been used by me/us during the year above-mentioned are as follows:—

(N.B.—Full details must be inserted.)

(a) State class of primary produce on which artificial manure used, e.g., oats, maize, hops, beans, peas, apples, pears, &c.

(b) State the month and year in which the artificial manure was actually applied to the soil.

Class of primary produce. (a)	Area planted.	Quantity of artificial manure used in respect of each class of primary produce.				When used.(b)
						Month.	Year.
Acres.	Tons.	Cwt.	Qrs.	Lb.

Declaration by Applicant.‡

I/We hereby declare as follows:—

1. I/We have used during the year ending on the thirtieth day of June, 1939, in the production of the primary produce specified in the first column of the above statement of particulars the quantity/quantities of artificial manure specified in the third column of that application.

2. The said artificial manure was purchased by me/us from the following persons, companies, or firms in the quantities shown hereunder:—

Name of person, company or firm.	Address.	Kind and brand of artificial manure purchased.	Quantity purchased.
Tons.	Cwt.	Qrs.	Lb.

(c) The portion of the paragraph from here to the end should be struck out where no previous application has been made.

(d) Here set out dates of previous applications (if any) and addresses to which they were forwarded.

3. The whole of the artificial manure specified in this application was used by me/us during the year ending on the thirtieth day of June, 1939, in the production of primary produce other than wheat.

4. No payment has been previously claimed by me or made to me in respect of any of the artificial manure specified in this application, and no application has been previously made by me in respect of artificial manure used by me in the production of primary produce other than wheat during the year ending on the thirtieth day of June, 1939, (c) except the applications particulars of which are set out hereunder:—

(d)

‡Penalty.—The penalty under the Act for obtaining any payment by means of any false or misleading statement, or presenting any document or making any statement which is false in any particular, is a fine not exceeding £500, or imprisonment for a term not exceeding two years.

5. The statements and particulars set out in this application are true and correct.

Dated this   day of  , 19 .

Signature or mark of applicant (s).

(e) Signature, designation, and address of person taking declaration, who must be a Commissioner for Declarations, Commissioner for Affidavits, Notary Public, Justice of the Peace, Bank Manager, Postmaster (or officer in Charge of Post Office), Station Master (or other railway official in charge of station or siding) or a Constable or Officer of Police.

Declared by the above-named applicant (s) before me—(e)

Signature

Designation

Address

 

Certificate of Supplier of the Artificial Manure.

I certify that the following quantity/quantities of artificial manure referred to in the above application was/were supplied by me to the applicant (s) on the dates shown hereunder:—

Quantity.				Kind and brand of artificial manure.	Date of supply.
Tons.	Cwt.	Qrs.	Lb.

Dated this  day of , 19 .

(f) Strike out whichever is inapplicable.

Signature of—

(f) Supplier of the artificial manure,

or

(f) Person authorized by the supplier. Address.

 

Form D.  Reg. 6.

Commonwealth of Australia.

States Grants (Fertilizer) Act (No. 2) 1938.

Primary Producers Relief Regulations 1939.

APPLICATION BY A STATE FOR A PAYMENT UNDER SECTION 7 OF THE ACT IN RESPECT OF ARTIFICIAL MANURE USED BY THE STATE OR SUPPLIED (OTHERWISE THAN BY WAY OF SALE) AND USED DURING THE YEAR ENDING 30th JUNE, 1939.

To the Secretary of the Department of Commerce,

In accordance with section 7 of the States Grants (Fertilizer) Act (No. 2) 1938, application is hereby made for the payment of an amount of Ten shillings per ton in respect of tons of artificial manure, particulars of which are specified hereunder, used by the State of in the production of primary produce other than wheat, or which, having been supplied by that State (otherwise than by way of sale), was used during the year ending on the thirtieth day of June, 1939, in respect of the production of primary produce other than wheat.

Particulars of Artificial Manure used by the State of

(a) Details are to be shown of the quantity used in respect of each farm or experimental station.

Particulars. (a) Quantity used. Date of use. Class of primary produce. Kind and brand of artificial manure used.

Particulars of Artificial Manure Supplied by State of

(Otherwise than by way of Sale), and used during the Above-mentioned Period.

To whom supplied.		Class of primary produce.	Quantity supplied.	Kind and brand of artificial manure supplied.	Date supplied.	When used.
Name.	Address.					Month.	Year.

I certify that the statements and particulars set out in this application are true and correct.

Dated this  day of , 19 .

Signature of applicant.

Designation.

Department.

 

Form E.  Reg. 7.

Commonwealth of Australia.

States Grants (Fertilizer) Act (No. 2) 1938.

Primary Producers Relief Regulations 1939.

APPLICATION BY AN APPROVED ORGANIZATION FOR CERTIFICATE OF THE SECRETARY OF THE DEPARTMENT OF COMMERCE IN RESPECT OF THE SUPPLY (OTHERWISE THAN BY WAY OF SALE) OF ARTIFICIAL MANURE WHICH WAS USED BETWEEN 1st JULY, 1938, AND 30th JUNE, 1939.

To the Secretary of the Department of Commerce,

I, [Christian names in full, surname in block letters], of [full postal address] hereby make application on behalf of [name of approved organization] for a certificate in accordance with section 7 of the State Grants (Fertilizer) Act (No. 2) 1938, stating that the above-mentioned approved organization has produced satisfactory evidence that it has supplied (otherwise than by way of sale), to the persons specified hereunder, * tons of artificial manure 

* Payments may be made to approved organizations, at the rate of 10s. per ton. in respect of the supply (otherwise than by way of sale) of artificial manure which was used, during the year ending on the thirtieth day of June, 1939, in the production of primary produce other than wheat. Payments are made only in respect of tons and half-tons, and artificial manure in excess of 10 tons used on any farm or experimental station or by any primary producer is excluded.

 Artificial manure means any substance—

(a)which contains nitrogen, phosphoric acid or potash;

(b) which has been manufactured, produced or prepared in any manner for the purpose of fertilizing the soil or supplying nutriment to plants; and

(c) in respect of which the laws of the State in which it was used in relation to the preparation and sale of that substance as a fertilizer, have been complied with,

but does not include—

(d) any animal or vegetable matter which has not been subjected to process or manufacturing;

(e) agricultural lime or other soil amendment; or

(f) any product prepared primarily for supplying lime to the soil.

which was used, during the year ending on the thirtieth day of June, 1939, in respect of the production of primary produce other than wheat, as specified hereunder:—

Name and full postal address of person to whom artificial manure was supplied (otherwise than by way of sale).	Class of primary produce.	Quantity of artificial manure supplied.				Kind and brand of artificial manure supplied.	Date supplied.	When used.
								Month.	Year.
Tons.	Cwt.	Qrs.	Lb.

Declaration.‡

I hereby declare as follows:—

1. The above-mentioned approved organization has supplied (otherwise than by way of sale), to the persons specified in this application, the quantities of artificial manure set out in this application opposite to the names of those persons.

2. The above-mentioned quantities of artificial manure were used during the year ending the thirtieth day of June, 1939, in the production of primary produce other than wheat.

3. No payment has been previously applied for by, or paid to, the above-mentioned approved organization in respect of any of the artificial manure specified in this application.

4. The statement and particulars set out in this application are true and correct.

Dated this day of , 19 .

Signature of declarant.

(a) Signature, designation and address of person taking declaration, who must be a Commissioner for Declarations, a Commissioner for Affidavits, a Notary Public, Justice of the Peace, Bank Manager, Postmaster (or officer in Charge of Post Office), (Station Master or other railway official in charge of station or siding) or a Constable or Officer of Police.

Declared by the above-named applicant(s) before me—(a)

Signature

Designation

Address

‡ The penalty under the Act for obtaining any payment by means of any false or misleading statement, or presenting any document or making any statement which is false in any particular, is a fine not exceeding £500, or imprisonment for a term not exceeding two years.

 

Form F.    Reg. 8.

Commonwealth of Australia.

States Grants (Fertilizer) Act (No. 2) 1938.

Primary Producers Relief Regulations 1939.

CERTIFICATE UNDER SECTION 7 OF THE ACT.

In pursuance of section 7 of the States Grants (Fertilizer) Act (No. 2) 1938, I hereby certify that of in the State of has produced satisfactory evidence that it has supplied (otherwise than by way of sale) tons of artificial manure which was used during the year ending on the thirtieth day of June, 1939, in the production of primary produce other than wheat.

Dated this day of  , 19 .

Secretary, Department of Commerce.

Form G.  Reg. 12.

Commonwealth of Australia.

States Grants (Fertilizer) Act (No. 2) 1938.

Primary Producers Relief Regulations 1939.

APPOINTMENT OF AUTHORIZED PERSON.

(a) Here insert name, address and description of supplier, &c.

(b) Here insert name, address and description of authorized person.

(c) Signature of supplier.

I, (a) , hereby authorize (b) , who is employed at my/our office situated at  to sign on my/our behalf the certificate referred to in paragraph (b) of regulation 3, and in paragraph (b) of regulation 5, of the Primary Producers Relief Regulations 1939.

Dated this  day of , 19 .

(c)

Witness.

Signature of authorized person.

Witness.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.