Fertilisers Subsidy Amendment Act 1988

Overview

The Fertilisers Subsidy Amendment Act 1988, enacted by the Parliament of the Commonwealth of Australia, was introduced to address specific amendments needed to the Fertilisers Subsidy Act 1986. This legislation aimed to correct certain interpretations and terminology within the original act, ensuring its provisions are accurately applied and enforced. The policy objective behind this amendment was to ensure clarity and precision in the administration of fertiliser subsidies, thereby supporting the agricultural sector more effectively. The Fertilisers Subsidy Amendment Act 1988 made technical adjustments to the Fertilisers Subsidy Act 1986, such as updating the definition of the subsidy period and correcting the terminology from "bounty" to "subsidy" in certain sections. These amendments were designed to streamline the legislative framework, ensuring that the intended benefits of the subsidy program are correctly implemented and managed.

Scope and Application

The Fertilisers Subsidy Amendment Act 1988 applies to individuals and entities involved in the fertiliser industry within Australia, focusing on the amendment of the Fertilisers Subsidy Act 1986. It alters specific provisions related to the subsidy period and the nomenclature of payments, thereby affecting the conduct and transactions of those involved in fertiliser production and distribution. The Act has a national jurisdictional reach as it is a Commonwealth legislation, thus extending its application across all states and territories within Australia. There are no explicit exclusions, exemptions, or thresholds stated within the Act itself, although it is likely that the Principal Act, the Fertilisers Subsidy Act 1986, contains provisions that define eligibility and scope. The Act may also extend or restrict its application through subordinate instruments, which would provide further clarification and implementation details.

Key Provisions

The Fertilisers Subsidy Amendment Act 1988 (section 1) amends the Fertilisers Subsidy Act 1986 (referred to as the "Principal Act" in section 1(2)) and makes specific changes to certain provisions. The Act received Royal Assent on 15 June 1988 and commenced on that date, with section 4 deemed to have commenced on 20 August 1986 (section 2). The primary amendments made by this Act relate to the interpretation of the term "subsidy period" and the substitution of the term "bounty" with "subsidy" in a particular subsection of the Principal Act. The substantive changes include amending the definition of "subsidy period" in section 4 of the Principal Act by omitting the year "1989" and substituting it with "1988" (section 3). This amendment ensures that the period for which the subsidy applies is correctly referenced. Additionally, section 4 of the Principal Act is amended by substituting the term "bounty" with "subsidy" in subsection (7) of section 30 (section 4). This change aligns the terminology used in the Principal Act with the intended meaning and ensures consistency in the application of the subsidy provisions. The Fertilisers Subsidy Amendment Act 1988 imposes certain obligations on the parties or entities governed by the Principal Act. These obligations primarily involve ensuring compliance with the amended definitions and terminology as set out in the Act. The entities subject to the Principal Act must adhere to the updated definitions and apply the correct terminology when claiming or administering subsidies. This includes using the term "subsidy" instead of "bounty" and recognising the correct "subsidy period" as amended by the Act. The Act also includes provisions related to offences and penalties for non-compliance. While the Act itself does not explicitly state the penalties for breach, the Principal Act, which this amendment pertains to, likely includes such provisions. Typically, breaches of the Fertilisers Subsidy Act 1986 may result in penalties such as fines, imprisonment, or both, depending on the severity of the offence and the specific provisions of the Principal Act. The maximum penalties would be determined based on the relevant sections of the Principal Act and any applicable regulations or guidelines.