Phosphate Fertilizers Bounty Regulations

Legislation au C1964L00029 Regulations Not in force Legislative Instrument

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PHOSPHATE FERTILIZERS BOUNTY ACT.

PHOSPHATE FERTILIZERS BOUNTY REGULATIONS.

Statutory Rules 1964, No. 29.(a)

Citation.

1. These Regulations may be cited as the Phosphate Fertilizers Bounty Regulations.

Interpretation.

2.—(1.) In these Regulations, unless the contrary intention appears—

“authorized agent” means a person appointed under regulation 3 of these Regulations to be an authorized agent;

“the Act” means the Phosphate Fertilizers Bounty Act 1963.

(2.) In these Regulations, a reference to a form by number shall be read as a reference the form so numbered in the Schedule to these Regulations.

Authorized agents.

3.—(1.) A producer may appoint a person to be his authorized agent for the purposes of executing on his behalf a notice, declaration, certificate or document that the producer is required to execute by, or for the purposes of, the Act or these Regulations and the authorized agent may execute, on behalf of the producer, such a notice, declaration, certificate or document.

(2.) Where a notice, declaration, certificate or document referred to in the last preceding sub-regulation has been executed by an authorized agent of a producer, the producer is subject to the same liabilities and penalties as if he had executed that notice, declaration, certificate or document.

(3.) The appointment of an authorized agent shall—

(a) be in accordance with Form 1; and

(b) be lodged with a Collector.

Authorization under section 6 of the Act.

4. An authorization under section 6 of the Act shall—

(a) be in accordance with Form 2; and

(b) be lodged with a Collector.

Applications for bounty.

5.—(1.) An application for bounty in respect of bountiable products shall—

(a) be made in writing;

(b) be lodged with a Collector; and

(a) Made under the Phosphate Fertilizers Bounty Act 1963 on 24 February, 1964; notified in the Commonwealth Gazette on 27 February, 1964.

(2.) An application referred to in the last preceding sub-regulation shall be lodged—

(a) where the application is made in respect of bountiable products sold or used during the period that commenced on the fourteenth day of August, 1963, and ended on the thirty-first day of December, 1963, or a week, fortnight or month during that period—on or before the thirty-first of March, 1964;

(b) where the application is made in respect of bountiable products sold or used during a week, fortnight or month commencing after the thirty-first day of December, 1963—within one month after the end of the period in respect of which the claim is made; or

(c) where the application is made in respect of bountiable products sold or used during a period referred to in either of the last two preceding paragraphs—within such time additional to that prescribed as the Collector in a particular case may allow.

(3.) A person shall not make a statement in an application referred to in sub-regulation (1.) of this regulation that is false or misleading in any material particular.

Penalty: Fifty pounds.

(4.) An application referred to in the sub-regulation (1.) of this regulation shall set out—

(a) the name and address of the applicant for bounty;

(b) the address of the registered premises at which the bountiable products were produced;

(d) in relation to bountiable products sold as such—

(i) their weight in tons;

(ii) their percentage phosphorus pentoxide content;

(iii) the rate at which bounty is claimed; and

(iv) the amount of bounty chimed;

(e) in relation to bountiable products used by the producer in the production in Australia of a fertilizer mixture for use in Australia—

(i) the weight of the fertilizer mixture in tons;

(ii) the percentage phosphorus pentoxide content of the bountiable products;

(iii) the percentage of bountiable products contained in the fertilizer mixture;

(iv) the rate at which bounty is claimed; and

(v) the amount of bounty claimed;

(f) if such is the case, that none of the bountiable products were produced at premises that were not at the time registered premises or premises that did not subsequently become registered premises;

(g) if such is the case, that the whole of the bountiable products the subject of the claim were of good and merchantable quality;

(h) if such is the case, that nothing has been done or omitted to be done by the applicant and to the best of his knowledge and belief nothing has been done or omitted to be done by any other person whereby the right of the producer to bounty has been forfeited or taken away;

(i) if such is the case, that to the best of the knowledge and belief of the applicant no other application for bounty has been made, no bounty has been paid and no advance under section 12 of the Act has been made, in respect of the bound-able products; and

(j) if such is the case, that the full benefit of the bounty has been passed on to purchasers from the producer of bountiable products or fertilizer mixtures.

(5.) The declaration referred to in sub-regulation (1.) of this regulation—

(a) shall contain a statement by the applicant that the particulars set out in the application for bounty are true and correct in every material particular; and

(b) shall be signed by the applicant in the presence of a witness whose address and occupation shall be stated by the applicant

THE SCHEDULE.

Form 1.

Regulation 3.

Commonwealth of Australia.

Phosphate Fertilizers Bounty Act 1963.

APPOINTMENT OF AUTHORIZED AGENT.

To the Collector of Customs for the State of

(a) Insert name and address of producer.

(b) Insert name, address and occupation of agent.

(d) Signature and address of witness.

(e) Signature of agent.

I, (a) , hereby appoint (b) a specimen of whose signature appears hereunder, to be my authorized agent for the purposes of the Phosphate Fertilizers Bounty Act 1963 and the regulations made [hereunder.

Dated at the day of

, 196 .

(c)

(d)

(e)

Form 2. Regulation 4.

Commonwealth of Australia.

Phosphate Fertilizers Bounty Act 1963.

AUTHORITY TO RECEIVE BOUNTY.

To the Collector of Customs for the State of

(a) Insert name and address of producer.

(b) Insert name, address and occupation of person authorized.

(d) Signature and address of witness.

(e) Signature of person authorized.

I, (a) , hereby authorize (b) , a specimen of whose signature appears hereunder, to receive on my behalf, subject to the provisions of the Phosphate Fertilizers Bounty Act 1963 and the regulations made thereunder, all bounty and advances on account of bounty payable to me under that Act.

Dated at the day of

, 196 .

(c)

(d)

(e)

Overview

The Phosphate Fertilizers Bounty Regulations, Statutory Rules 1964, No. 29, were enacted to provide a legislative framework for the administration of the bounties provided for under the Phosphate Fertilizers Bounty Act 1963. This legislation was introduced to address the need for structured procedures and guidelines for the application and payment of bounties on phosphate fertilizers. The enactment of these Regulations ensures that the bounty process is efficient, transparent, and compliant with the provisions of the Act. The Regulations were made under the authority of the Commonwealth of Australia and are intended to facilitate the administration of the bounty scheme by establishing clear procedures for the appointment of authorized agents, the submission of applications for bounty, and the execution of necessary forms and declarations.

Scope and Application

The Phosphate Fertilizers Bounty Regulations, made under the Phosphate Fertilizers Bounty Act 1963, apply to producers of phosphate fertilizers within the Commonwealth of Australia. These regulations detail the processes and requirements for the appointment of authorized agents, the submission of applications for bounty, and the documentation necessary to claim a bounty on phosphate fertilizers. The regulations specify that the appointment of an authorized agent must be made in accordance with Form 1, which includes the producer's and agent's details, and must be lodged with a Collector. Similarly, authorizations under section 6 of the Act, which allow certain individuals to receive bounty on behalf of producers, must comply with Form 2 and also be submitted to a Collector. Applications for bounty must be made in writing, accompanied by a declaration by the producer, and include specific details such as the producer's and premises' information, the period in question, and the particulars of the bountiable products. The regulations stipulate timelines for lodging applications, penalties for false statements, and conditions that must be met to be eligible for bounty. The scope of the Act and these regulations extends to ensuring that all claims are truthful and that producers adhere to the set requirements to successfully claim their bounty.

Key Provisions

The Phosphate Fertilizers Bounty Regulations, under the Phosphate Fertilizers Bounty Act 1963, establish the framework for claiming bounty on phosphate fertilizers. These Regulations cover various aspects, including the appointment of authorized agents, the process for applying for bounty, and the content of such applications. Regulation 3 provides that producers can appoint authorized agents to execute notices, declarations, certificates, or documents on their behalf. This appointment must comply with Form 1 and be lodged with a Collector. The authorized agent is legally bound by the same liabilities and penalties as the producer if they execute such documents. Regulation 4 specifies that authorizations under section 6 of the Act must adhere to Form 2 and also be submitted to a Collector. Regulation 5 outlines the requirements for bounty applications, stipulating that they must be written, accompanied by a declaration from the producer, and lodged with a Collector. The application must include specific details such as the applicant's name and address, the location of the production premises, the period for which the claim is made, and the particulars of the bountiable products. The declaration must affirm the truth of these particulars and be signed by the applicant in the presence of a witness. A false or misleading statement in an application incurs a penalty of Fifty pounds. These Regulations impose several obligations on parties involved in the bounty process. Producers must appoint authorized agents according to Regulation 3 if they wish to delegate certain duties. They are responsible for ensuring that these agents act within the bounds of the law and are subject to the same liabilities as if they had executed the documents themselves. Authorizations to receive bounty must comply with Regulation 4, which requires precise adherence to the stipulated form and submission to the appropriate authority. Producers must also ensure that their applications for bounty, detailed in Regulation 5, are accurate, complete, and truthful. Any misleading information can lead to severe penalties. Breaching the obligations set forth in these Regulations can result in significant consequences. Under Regulation 5, making a false or misleading statement in a bounty application carries a penalty of Fifty pounds. This penalty underscores the importance of accuracy and honesty in the application process. Additionally, any failure to comply with the forms and procedures specified in Regulations 3 and 4 may also lead to administrative or legal repercussions, although specific penalties for such breaches are not detailed in the provided text. These measures ensure that the bounty process is conducted fairly and transparently, protecting the integrity of the system.

Area of Law: Commercial Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Licensing & Registration; Enforcement Powers; Civil Penalty Provisions

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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