Fertilizers (Subsidy) Amendment Act 1985
No. 74 of 1985
An Act to extend the operation of the Nitrogenous Fertilizers Subsidy Act 1966 and the Phosphate Fertilizers Subsidy Act 1963
[Assented to 6 June 1985]
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
PART I—PRELIMINARY
Short title
1. This Act may be cited as the Fertilizers (Subsidy) Amendment Act 1985.
Commencement
2. This Act shall come into operation, or shall be deemed to have come into operation, as the case requires, on 1 July 1985.
PART II—AMENDMENT OF THE NITROGENOUS FERTILIZERS SUBSIDY ACT 1966
Principal Act
3. The Nitrogenous Fertilizers Subsidy Act 19661 is in this Part referred to as the Principal Act.
Interpretation
4. Section 3 of the Principal Act is amended by omitting from sub-section (2) “1985” and substituting “1986”.
PART III—AMENDMENT OF THE PHOSPHATE FERTILIZERS SUBSIDY ACT 1963
Principal Act
5. The Phosphate Fertilizers Subsidy Act 19632 is in this Part referred to as the Principal Act.
Interpretation
6. Section 3 of the Principal Act is amended by omitting “1985” from the definition of “subsidy period” and substituting “1986”.
NOTES
1. No. 78, 1966, as amended. For previous amendments, see No. 79, 1969; No. 107, 1972; No. 216, 1973 (as amended by No. 20, 1974); No. 78, 1974; No. 20, 1976; No. 152, 1976 (as amended by No. 114, 1977); No. 114, 1977; No. 112, 1978; No. 109, 1979; No 137 1980; No. 174, 1981; Nos. 26 and 69, 1982; and No. 91, 1983.
2. No. 78, 1963, as amended. For previous amendments, see No. 40, 1966; No. 86, 1968; No. 66, 1969; No. 86, 1971; No. 19, 1976; No. 66, 1977; and Nos. 26 and 69, 1982.
[Minister’s second reading speech made in—
House of Representatives on 20 May 1985
Senate on 27 May 1985]
Overview
The Fertilizers (Subsidy) Amendment Act 1985 was enacted to extend the operation of the Nitrogenous Fertilizers Subsidy Act 1966 and the Phosphate Fertilizers Subsidy Act 1963. This Act was introduced by the Commonwealth Parliament to address the need for continued subsidies in the fertiliser sector, ensuring that farmers and agricultural businesses could maintain access to affordable fertilisers, which are critical for crop production and overall agricultural productivity. The policy objective behind the amendment was to support the agricultural industry by providing financial relief through subsidies, thus enhancing the viability and sustainability of farming operations in Australia. The Act was assented to on 6 June 1985 and commenced on 1 July 1985.
Scope and Application
The Fertilizers (Subsidy) Amendment Act 1985 extends the operational timelines of two primary Acts concerning the subsidies on nitrogenous and phosphate fertilizers in Australia. This amendment applies to the entities and persons involved in the production, sale, and distribution of these fertilizers within the agricultural sector. The amended Acts, the Nitrogenous Fertilizers Subsidy Act 1966 and the Phosphate Fertilizers Subsidy Act 1963, are extended to include the year 1986, altering the defined "subsidy period" to reflect this change. The Act applies at the Commonwealth level, impacting all states and territories in Australia uniformly. There are no exclusions, exemptions, or specific thresholds outlined in the Act itself; however, the application and enforcement of the subsidy provisions may be further detailed in subordinate regulations or guidelines that could provide additional specificity on eligibility and compliance requirements.
Key Provisions
The Fertilizers (Subsidy) Amendment Act 1985 (No. 74 of 1985) is an Act to extend the operation of the Nitrogenous Fertilizers Subsidy Act 1966 and the Phosphate Fertilizers Subsidy Act 1963. It came into effect on 1 July 1985. This Act specifically modifies the definitions within the two Principal Acts, extending the subsidy periods by one year. Section 4 of the Act amends the definition in the Nitrogenous Fertilizers Subsidy Act 1966, while Section 6 makes a similar amendment to the Phosphate Fertilizers Subsidy Act 1963.
The obligations imposed by the Fertilizers (Subsidy) Amendment Act 1985 on entities governed by the Nitrogenous Fertilizers Subsidy Act 1966 and the Phosphate Fertilizers Subsidy Act 1963 are primarily administrative. They must ensure compliance with the extended subsidy periods as defined in the amended sections. This involves updating internal records, reporting mechanisms, and potentially adjusting eligibility criteria for subsidy recipients to reflect the new timelines. These amendments ensure that the operational aspects of the subsidy schemes are aligned with the legislative changes.
Under the Fertilizers (Subsidy) Amendment Act 1985, there are no explicit offences, penalties, or civil or criminal consequences stated for non-compliance with the amendments. However, failure to adhere to the newly defined subsidy periods could result in legal challenges or disputes regarding the eligibility for subsidies. Entities may face scrutiny or litigation if they do not properly implement the extended periods as defined by the Act. This could potentially lead to financial repercussions if subsidy claims are deemed invalid due to non-compliance with the legislative changes.