NITROGENOUS FERTILIZERS SUBSIDY AMENDMENT ACT 1978
No. 112 of 1978
An Act to amend the Nitrogenous Fertilizers Subsidy Act 1966.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Nitrogenous Fertilizers Subsidy Amendment Act 1978.
(2) The Nitrogenous Fertilizers Subsidy Act 1966 is in this Act referred to as the Principal Act.
Commencement
2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Section 4 shall come into operation on 1 January 1979.
Interpretation
3. Section 3 of the Principal Act is amended by omitting from sub-section (2) “1978” and substituting “1979”.
Rate of subsidy
4. Section 10 of the Principal Act is amended by omitting “$60.00” and substituting “$40.00”.
Application or section 4
5. The amendment made by section 4 applies in relation to such goods in respect of which subsidy is payable as—
(a) being goods produced in Australia, are, after 31 December 1978 and before 1 January 1980, sold by the producer for use in Australia as a fertilizer; or
(b) being goods imported into Australia, are, after 31 December 1978 and before 1 January 1980, sold for use, or used by the importer, in Australia as a fertilizer.
Overview
The Nitrogenous Fertilizers Subsidy Amendment Act 1978 was enacted to modify the existing Nitrogenous Fertilizers Subsidy Act 1966. This legislation was introduced to address specific economic and policy considerations regarding the subsidy rates for nitrogenous fertilizers. Enacted by the Queen, in accordance with the authority of the Australian Parliament, the Act aims to adjust the subsidy amount for these fertilizers, reflecting changes in economic policy and agricultural support mechanisms. The principal objective of this amendment was to revise the financial support provided to producers and importers of nitrogenous fertilizers, thus impacting the cost structure and availability of these essential agricultural inputs. The Act modifies the rate of subsidy from $60.00 to $40.00, and specifies the application of this amendment to goods produced and sold within a defined period.
Scope and Application
The Nitrogenous Fertilizers Subsidy Amendment Act 1978 is an amendment to the Nitrogenous Fertilizers Subsidy Act 1966, altering the rate of subsidy for nitrogenous fertilizers produced in Australia or imported into Australia. The Act applies to goods that are produced or imported and then sold or used in Australia as fertilizers within the specified period, that is, between 31 December 1978 and 1 January 1980. The primary focus is on the adjustment of the subsidy rate, which is decreased from $60.00 to $40.00. The amendment does not specify exclusions, exemptions, or thresholds beyond the geographic and temporal scope provided. The Act's application extends to the entire Commonwealth of Australia, governing the subsidy applicable to both locally produced and imported nitrogenous fertilizers within the designated timeframe.
Key Provisions
The Nitrogenous Fertilizers Subsidy Amendment Act 1978 (Act) primarily amends the Nitrogenous Fertilizers Subsidy Act 1966 (Principal Act) by altering the rate of the subsidy and adjusting the interpretation of certain sections. Section 1 of the Act establishes its short title and citation, while Section 2 details its commencement, with specific provisions coming into operation on 1 January 1979. Section 3 amends the interpretation of the Principal Act by updating a reference from 1978 to 1979. Section 4 of the Act reduces the rate of subsidy from $60.00 to $40.00 as per Section 10 of the Principal Act.
Entities and parties governed by the Principal Act must adhere to the updated subsidy rate, which is now $40.00, applicable to goods produced in Australia and sold between 31 December 1978 and 1 January 1980, or to imported goods sold or used within the same timeframe. Producers and importers of nitrogenous fertilizers need to ensure compliance with these altered provisions to correctly claim or provide the subsidy. Additionally, these entities must be aware of the specific time frame during which the amended subsidy rate applies.
The Act imposes obligations on producers and importers to accurately claim the subsidy as per the amended rates and to ensure that the goods are used or sold within the specified period. Failure to comply with these obligations may result in civil or criminal consequences. Section 4, in particular, outlines the specific conditions under which the reduced subsidy applies, making it imperative for stakeholders to adhere to these conditions to avoid any legal ramifications. There are no explicit offences, penalties, or consequences detailed in the provided text of the Act, but breaches of the Principal Act's provisions could potentially lead to legal actions under the original legislation or other related laws.