Fertilizers (Subsidy) Amendment Act 1986
No. 87 of 1986
An Act to extend the operation of the Nitrogenous Fertilizers Subsidy Act 1966 and the Phosphate Fertilizers Subsidy Act 1963
[Assented to 25 June 1986]
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 1986.
Commencement
2. This Act shall come into operation, or shall be deemed to have come into operation, as the case requires, on 1 July 1986.
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) “1986” and substituting “1989”.
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 “1986” from the definition of “subsidy period” in sub-section (1) and substituting “1989”.
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; Nos. 20 and 152, 1976; No. 114, 1977; No. 112, 1978; No. 109, 1979; No. 137, 1980; No. 174, 1981; Nos. 26 and 69, 1982; No. 91, 1983; Nos. 39 and 74, 1985; and No. 10, 1986.
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; Nos. 26 and 69, 1982; Nos. 39 and 74, 1985; and No. 10, 1986.
[Minister’s second reading speech made in—
House of Representatives on 5 June 1986
Senate on 11 June 1986]
Overview
The Fertilizers (Subsidy) Amendment Act 1986 was enacted to address the impending expiration of the subsidies for nitrogenous and phosphate fertilizers as set out in the Nitrogenous Fertilizers Subsidy Act 1966 and the Phosphate Fertilizers Subsidy Act 1963. As assented to on 25 June 1986, this Act was passed by the Queen in right of the Commonwealth of Australia and the Parliament, aiming to extend the duration of the subsidies beyond the original termination dates. The policy objective was to ensure continued support for the fertiliser industry, which is critical for the agricultural sector, thus supporting food production and rural economies. This legislative action sought to maintain the stability and viability of the fertiliser market within Australia.
Scope and Application
The Fertilizers (Subsidy) Amendment Act 1986 is a Commonwealth Act that amends the operation of the Nitrogenous Fertilizers Subsidy Act 1966 and the Phosphate Fertilizers Subsidy Act 1963. It applies to entities involved in the manufacture, import, and distribution of nitrogenous and phosphate fertilizers within Australia. The amendments extend the period during which subsidies are applicable, thereby affecting the financial obligations and benefits for entities involved in these industries. The geographic scope of the Act is national, as it pertains to the entire Commonwealth of Australia. There are no stated exclusions or exemptions within the text, and the Act itself does not extend or restrict its application through subordinate instruments. The amendments pertain specifically to the definition of the "subsidy period" within the Principal Acts, thus affecting the eligibility and duration for which subsidies are available under these Acts.
Key Provisions
The Fertilizers (Subsidy) Amendment Act 1986 (No. 87 of 1986) amends two existing acts: the Nitrogenous Fertilizers Subsidy Act 1966 and the Phosphate Fertilizers Subsidy Act 1963. This amendment extends the subsidy period for nitrogenous and phosphate fertilizers from 1986 to 1989. The Act is divided into three parts: preliminary, amendment of the Nitrogenous Fertilizers Subsidy Act 1966, and amendment of the Phosphate Fertilizers Subsidy Act 1963. It comes into effect on 1 July 1986, as stated in section 2.
The key provision of this Act is the amendment to the definition of the subsidy period in both the Nitrogenous Fertilizers Subsidy Act 1966 and the Phosphate Fertilizers Subsidy Act 1963, extending it from 1986 to 1989. Specifically, section 4 of Part II amends the Principal Act by omitting "1986" and substituting "1989" in the definition of the subsidy period. Similarly, section 6 of Part III makes a corresponding amendment in the Phosphate Fertilizers Subsidy Act 1963 by omitting "1986" and substituting "1989" in the same definition.
The obligations and requirements imposed by this Act are primarily on the relevant government authorities responsible for administering the subsidies. These authorities must ensure that the subsidy period is correctly interpreted and applied as extended by this Act, thereby facilitating the continued financial support to the relevant sectors of the fertilizer industry for the period of 1987 to 1989. The Act does not impose any specific procedural requirements on entities other than those related to the interpretation and application of the subsidy period.
Regarding penalties or consequences for breach, the Act itself does not explicitly state any specific offences, penalties, or consequences for non-compliance. However, it is reasonable to infer that any failure to correctly apply the extended subsidy period could potentially lead to disputes or legal challenges concerning the entitlement to subsidies. The consequences of such disputes would depend on the specific circumstances and the resolution of any subsequent legal proceedings, which could include financial restitution or other remedies determined by the relevant courts or tribunals. The precise legal and financial implications would need to be assessed in the context of any such disputes.