Phosphate Fertilizers Bounty Act 1968

Overview

The Phosphate Fertilizers Bounty Act 1968, enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, amends the Phosphate Fertilizers Bounty Act 1963–1966. This legislation was introduced to address the need for updating the bounty rates and incorporating trace elements, compounds, and substances in relation to superphosphate. The Act specifies new bounty rates for superphosphate and ammonium phosphate and introduces provisions for the inclusion of trace elements and compounds in the superphosphate bounty scheme. This Act serves to ensure that the bounty rates remain competitive and relevant to the agricultural sector, thus supporting the policy objective of encouraging the production and use of phosphate fertilizers in Australia. By amending the existing Principal Act, it integrates new elements into the bounty framework to better reflect the evolving nature of phosphate fertilizer products.

Scope and Application

The Phosphate Fertilizers Bounty Act 1968 amends the Phosphate Fertilizers Bounty Act 1963-1966 to modify the bounty rates for superphosphate and ammonium phosphate and to introduce provisions regarding trace elements and compounds. This Act applies to entities involved in the manufacture and sale of phosphate fertilizers within the Commonwealth of Australia, including manufacturers, exporters, and distributors. The legislation imposes financial bounties on certain phosphate fertilizers based on their phosphorus content, and these bounties are subject to alteration as specified within the Act. Notably, the Act allows for the inclusion of trace elements, compounds, and substances through regulations, deeming them as superphosphate for the purpose of bounty eligibility. There are no stated exclusions, exemptions, or thresholds within the Act itself, but the details regarding trace elements and compounds are to be determined by regulations under the Act. The application of the Act extends across the Commonwealth, impacting the fertiliser industry nationwide.

Key Provisions

The Phosphate Fertilizers Bounty Act 1968 (Act) amends the Phosphate Fertilizers Bounty Act 1963–1966, referred to as the Principal Act. The Act, as amended, is now titled the Phosphate Fertilizers Bounty Act 1963–1968 and came into operation on 14 August 1968 (sections 1 and 2). The Act modifies the specification of bounty for certain fertilizers, introduces a new category of trace elements, compounds, and substances deemed to be superphosphate, and adjusts the rates of bounty payable for superphosphate and ammonium phosphate (sections 3, 4, 5, and 6). The Act imposes obligations on entities involved in the production and use of phosphate fertilizers to comply with the new specifications and bounty rates. Manufacturers and users of superphosphate and ammonium phosphate must ensure that any trace elements, compounds, or substances added to superphosphate are specified by regulation. Where these additions occur, the resulting product must be treated as superphosphate with the same phosphorus pentoxide content for the purpose of bounty calculation (section 4). Additionally, producers must adhere to the new bounty rates for superphosphate and ammonium phosphate, which have been increased from six dollars to eight dollars per ton and from thirty dollars to forty dollars per ton, respectively (sections 5 and 6). Failure to comply with the provisions of the Act may result in financial penalties. While the Act does not explicitly detail the offences or penalties for non-compliance, under the Principal Act, unauthorised claims for bounty can be considered offences. Typically, such offences might attract fines or other penalties as stipulated in related legislation or regulations. The precise consequences for non-compliance would depend on the specific provisions of the broader regulatory framework governing phosphate fertilizers in Australia.