Phosphate Fertilizers Bounty Regulations (Amendment)

Overview

The Statutory Rules 1980 No. 357, made under the Phosphate Fertilizers Bounty Act 1963, were enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. These regulations aim to address and amend specific aspects of the existing Phosphate Fertilizers Bounty Regulations, particularly concerning the determination of available phosphorous content in phosphatic substances. The primary objective is to ensure accurate measurement and certification of the phosphorous content in fertilisers to facilitate the correct payment of bounties. The regulations were deemed to have come into operation on 1 July 1977, although they were formally notified in the Commonwealth of Australia Gazette on 12 December 1980.

Scope and Application

The Phosphate Fertilizers Bounty Regulations 1980 apply to the bounty scheme under the Phosphate Fertilizers Bounty Act 1963, primarily targeting entities and persons involved in the production, sale, or export of phosphate fertilizers within the Commonwealth of Australia. This legislative instrument seeks to establish the criteria for determining the available phosphorous content in phosphatic substances and provides the necessary framework for the bounty payments. The scope of the regulations extends to any phosphatic substances eligible for bounty payments, including superphosphate, and ensures that these substances meet specific phosphorous content thresholds to qualify for the bounty. The geographic reach of these regulations is limited to the national jurisdiction of Australia, ensuring uniformity in the application of bounty payments across the country. The regulations also outline specific exclusions and exemptions, such as the 8.5 per centum threshold for certain superphosphates produced before 21 August 1979. Additionally, the application of these regulations can be further extended or restricted through subordinate instruments, which may include amendments or specific provisions to address particular industry needs or changes in legislative intent.

Key Provisions

The key provisions of the Phosphate Fertilizers Bounty Regulations 1980 involve specific amendments to Regulation 2AA concerning the determination of available phosphorous content in phosphatic substances. Regulation 1 outlines these amendments, which include changes to definitions and the substitution of certain terms. For example, "Controller-General" is replaced with "Comptroller-General" in the definition of "representative sample" (sub-regulation 1(a)). Additionally, the prescribed percentage of available phosphorus is revised to be determined by an approved analyst and specified in a certificate, unless the substance is superphosphate subject to certain conditions (sub-regulation 1(b)–(e)). The amendments are effective as of 1 July 1977, as stated in Regulation 2. The obligations imposed by these Regulations include the requirement for any phosphatic substance to have its available phosphorus content determined by an approved analyst. This content must be specified in a certificate issued by the analyst. For superphosphate bounty payable before 21 August 1979, if the available phosphorus content is less than 8.5 per centum, the content must be recorded as 8.5 per centum. These obligations ensure that the determination of available phosphorous content is accurate and consistent, supporting the administration of the bounty scheme under the Phosphate Fertilizers Bounty Act 1963. Breaches of these Regulations can result in civil and criminal consequences. While specific offences and penalties are not detailed within the legislative instrument, general provisions under the Phosphate Fertilizers Bounty Act 1963 could apply. These might include fines or other penalties for non-compliance, with the exact amount depending on the nature and severity of the breach. The precise legal consequences would be determined in accordance with the broader legislative framework and any relevant case law.