Phosphate Fertilizers Bounty Regulations (Amendment)

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Statutory Rules

1979 No. 166

REGULATION UNDER THE PHOSPHATE FERTILIZERS BOUNTY ACT 19631

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Phosphate Fertilizers Bounty Act 1963.

Dated this fifteenth day of August 1979.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

WAL. FIFE

Minister of State for Business and Consumer Affairs

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AMENDMENT OF THE PHOSPHATE FERTILIZERS BOUNTY REGULATIONS2

After regulation 2 of the Phosphate Fertilizers Bounty Regulations the following regulation is inserted:

“2AA. (1) In this regulation—

‘approved analyst’ means an analyst approved for the purposes of this regulation by the person for the time being holding, or performing the duties of, the office of Assistant Secretary, Analytical Services Branch, in the Department of Science and the Environment;

Determination of available phosphorus content

‘prepared sample’, in relation to a phosphatic substance, means such part of a representative sample of the substance as is prepared in accordance with the method described in section 2.007 of the relevant publication;

‘relevant publication’ means the twelfth edition of the publication entitled ‘Official Methods of Analysis of the Association of Official Analytical Chemists’ and published by the Association of Official Analytical Chemists (being the association having that name established in the United States of America) as revised and existing at the commencement of this regulation;


‘representative sample’, in relation to a phosphatic substance, means a sample of the substance—

(a) taken in a manner referred to—

(i) where the substance is packed in bags—in paragraph (a) of section 2.001 of the relevant publication; or

(ii) where the substance is in bulk—in paragraph (b) of that section,

by a person authorized for that purpose by the Controller-General; and

(b) sealed in clean, air-tight containers.

“(2) The available phosphorus content of a phosphatic substance is that mass that is the percentage of the total mass of the substance that is the same percentage as the prescribed percentage in relation to the substance.

“(3) The prescribed percentage in relation to a phosphatic substance is the percentage of available phosphorus in a representative sample of the substance as—

(a) determined by an approved analyst in accordance with sub-regulations (5) and (6); and

(b) specified in a certificate issued in respect of the sample by the analyst in accordance with sub-regulation (4).

“(4) A certificate referred to in paragraph (3) (b) shall specify—

(a) the percentage of available phosphorus in the representative sample to which the certificate relates; and

(b) the method in accordance with which the representative sample was analysed.

“(5) For the purpose of ascertaining the percentage of available phosphorus in a representative sample of a phosphatic substance, an approved analyst shall—

(a) determine the moisture content of the representative sample of the substance by using the method described in section 2.014 of the relevant publication in relation to a prepared sample as if the representative sample were a prepared sample;

(b) determine the moisture content of a prepared sample of the substance in accordance with the method described in section 2.014 of the relevant publication; and

(c) analyse the representative sample of the substance in accordance with—


(i) the method described under the heading ‘Spectrophotometry Molybdovanadophosphate Method (17)—Official Final Action ‘ in section 2.044 of the relevant publication; or

(ii) the method described under the heading ‘Gravimetric Quinolinium Molybdophosphate Method (18)—Official Final Action’ in section 2.045 of the relevant publication.

“(6) The percentage of available phosphorus in a representative sample of a phosphatic substance that has been examined by an approved analyst as set out in sub-regulation (5) shall be determined in accordance with the formula—

where—

P is the percentage of phosphorus reported as being present in the representative sample of the substance after the sample has been analysed in accordance with a method referred to in paragraph 5 (c);

M1 is the percentage of moisture in the representative sample of the substance determined in the manner referred to in paragraph 5 (a); and

M2 is the percentage of moisture in the prepared sample of the substance determined in the manner referred to in paragraph 5(b).”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 August 1979.

2. Statutory Rules 1964 No. 29 as amended by Statutory Rules 1969 No. 70.

Overview

The Phosphate Fertilizers Bounty Regulations 1979 were enacted by the Governor-General under the authority of the Phosphate Fertilizers Bounty Act 1963, aiming to provide a legislative framework for the regulation of phosphate fertilizers within Australia. These regulations were developed to address the need for consistent and accurate methods for determining the available phosphorus content in phosphatic substances, ensuring that such substances meet the prescribed standards set forth by the Act. The regulation outlines the procedures and criteria for the determination of available phosphorus content by authorised analysts, and specifies the methods for sample preparation and analysis. The policy objective is to ensure that the fertilisers meet the required standards, which in turn supports agricultural productivity and the effective use of fertilisers in Australia.

Scope and Application

The Statutory Rules 1979 No. 166, made under the Phosphate Fertilizers Bounty Act 1963, provide specific regulations regarding the determination of available phosphorus content in phosphatic substances. These regulations apply to entities involved in the production or supply of phosphate fertilizers within Australia. The regulations stipulate the method by which a representative sample of the phosphatic substance must be taken, sealed, and analysed, and they define the role of an approved analyst who must determine the available phosphorus content according to specified methods and issue a certificate detailing the analysis. The geographic reach of these regulations is national, applying across the Commonwealth of Australia. The regulations do not explicitly state exclusions or exemptions but focus on the technical requirements for sample preparation and analysis. Subordinate instruments may further detail specific methods and procedures, extending the application of these regulations.

Key Provisions

The main operative sections of the Phosphate Fertilizers Bounty Regulations (1979) define the processes for determining the available phosphorus content of phosphatic substances. Section 2AA(1) introduces key definitions such as 'approved analyst,' 'prepared sample,' 'representative sample,' and 'relevant publication.' Section 2AA(2) outlines that the available phosphorus content is a percentage of the total mass of the substance. Section 2AA(3) specifies that this percentage is determined by an approved analyst and recorded in a certificate. Section 2AA(4) details the information to be included in this certificate, while section 2AA(5) describes the method an approved analyst must use to ascertain the phosphorus content. Finally, section 2AA(6) provides the formula for calculating the percentage of available phosphorus in a representative sample. The obligations and requirements imposed by these regulations are primarily on approved analysts and entities handling phosphatic substances. An approved analyst must follow specific procedures to determine the moisture content and phosphorus content of a representative sample, adhering to the methods outlined in the twelfth edition of the ‘Official Methods of Analysis of the Association of Official Analytical Chemists.’ Entities must ensure that samples are taken and sealed properly to maintain their integrity for analysis. They must also obtain and submit certificates issued by the approved analyst that detail the percentage of available phosphorus in the sample and the method used for analysis. There are no explicit provisions within the regulations regarding offences, penalties, or civil/criminal consequences for breach. However, non-compliance with these regulations could have significant implications for entities involved in the handling and analysis of phosphatic substances. For instance, if an entity fails to obtain a certificate from an approved analyst or submits an improperly taken sample, it could result in non-compliance with the Bounty Act and potentially impact their eligibility for any bounties or incentives tied to accurate phosphorus content determination. Although specific penalties are not detailed in the regulation, any breaches could be addressed under the broader provisions of the Bounty Act, which might include fines or other sanctions as determined by the relevant authorities.

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