Primary Producers' Assistance (Artificial Manure) Regulations

Legislation au C1933L00011 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1933. No. 11.

 

REGULATIONS UNDER THE FINANCIAL RELIEF ACT 1932.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Financial Relief Act 1932, to come into operation forthwith.

Dated the Twenty fifth day of January 1933.

(Sgd.) ISAAC A. ISAACS

Governor-General.

By His Excellency’s Command,

Minister of State for Commerce.

 

Primary Producers’ Assistance (Artificial Manure) Regulations.

Short title.

1. These Regulations may be cited as the Primary Producers’ Assistance (Artificial Manure) Regulations.

Definitions.

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

officer ” means an officer of the Department of Commerce and includes any person declared in writing by the Minister to be an officer for the purpose of these Regulations;

financial assistance ” means financial assistance payable under the Financial Relief Act 1932 to primary producers in respect of the production of primary produce other than wheat;

“ the Act ” means the Financial Relief Act 1932;

“ the Schedule ” means the Schedule to these Regulations.

Application for certificate of Secretary of the Department of Commerce.

3. A primary producer in a State who claims financial assistance may make application to the Secretary of the Department of Commerce of the Commonwealth for the certificate referred to in section 32 of the Act.

Form of application.

4.—(1.) The application referred to in the last preceding regulation shall be in accordance with Form A in the Schedule, and shall be supported by—

(a) a declaration in accordance with the form contained in Form A in the Schedule, made by the applicant before a Commissioner for Declarations, a Justice of the Peace, a Bank Manager, Postmaster (or officer in charge of Post Office), Station Master (or other railway official in charge of Station or Siding), or a Constable or Officer of Police; and

(b) a certificate, in accordance with the form contained in Form A in the Schedule, signed by the supplier of the artificial manure, or any authorized person in the employ of such supplier.

113.—Price 5d.


(2.) The supplier of the artificial manure may in accordance with Form B in the Schedule authorize any person who is employed at the head office of such supplier to sign the certificate referred to in paragraph (b) of the last preceding sub-regulation and any certificate signed by such person shall be deemed for all purposes to be of the same effect as if signed by the supplier.

(3.) A copy of every such authority referred to in the last preceding sub-regulation shall be forwarded by the supplier to the Secretary of the Department of Commerce.

Form of certificate.

5. The certificate of the Secretary of the Department of Commerce shall be in accordance with Form C in the Schedule.

Claims for financial assistance to be in prescribed forms.

6. Claims for financial assistance by a primary producer in any Territory shall be in accordance with Form D in the Schedule, shall be signed by the claimant, and shall contain the following particulars:—

(a) the total quantity of artificial manure used by the claimant in the production of primary produce other than wheat during the year ending on the thirtieth day of November, One thousand nine hundred and thirty-three;

(b) the quantity of artificial manure used in the production of each class of primary produce other than wheat during the year ending on the thirtieth day of November, One thousand nine hundred and thirty-three; and

(c) the name and address of the supplier of the artificial manuure.

Claims to be supported by declaration, &c.

7. — (1.) All claims for financial assistance shall be supported by—

(a) a declaration, in accordance with the form contained in Form D in the Schedule, made by the claimant before a Commissioner for Declarations, a Justice of the Peace, a Bank Manager, Postmaster (or officer in charge of Post Office), Station Master (or other railway official in charge of Station or Siding), or a Constable or Officer of Police;

(b) a certificate, in accordance with the form contained in Form D in the Schedule, signed by the supplier of the artificial manure, or any authorized person in the employ of such supplier.

(2.) The supplier of the artificial manure may in accordance with Form E in the Schedule authorize any person who is employed at the head office of such supplier to sign the certificate referred to in paragraph (b) of the last preceding sub-regulation and any certificate signed by such person shall be deemed for all purposes to be of the same effect as if signed by the supplier.

(3) A copy of every such authority referred to in the last preceding sub-regulation shall be forwarded by the supplier to the Secretary of the Department of Commerce.


THE SCHEDULE.

Form A. Regulation 4.

Commonwealth of Australia.

Financial Relief Act 1932.

APPLICATION FOR CERTIFICATE OF THE SECRETARY OF THE DEPARTMENT OF COMMERCE.

To the Secretary of the Department of Commerce.

I [Christian names in full, surname in block letters] of [postal address] hereby make application for a certificate in accordance with the provisions of Section 32 of the Financial Relief Act 1932 stating that I have produced satisfactory evidence that I have used in the State of               during the year ending on the thirtieth day of November, One thousand nine hundred and thirty-three, in the production of primary produce other than wheat the quantity of artificial manure the particulars of which are as follows:—

Class of Primary Produce.

Area planted.

Quantity of Artificial manure Used.

*

Acres.

Tons.

Cwt.

Qrs.,

lb.

* (State class of primary produce on which artificial manure used, e.g., oats, maize, hops, beans, peas, apples, pears, &c.

...........................

Signature of applicant.

Date of application  / /193 .

 

Declaration by Applicant.

I hereby declare as follows:—

1. I have used during the year ending on the thirtieth day of November, One thousand nine hundred and thirty-three, in the production of the primary produce mentioned above the total quantity of artificial manure specified in the above application.

2. The said artificial manure was purchased by me from the following persons, companies, or firms in the quantities and on the dates shown hereunder:—

Name of Person, Company of Firm.

Address.

Kind of Artificial Manure Purchased.

Quantity Purchased.

Date of Purchase.

 

 

 

 

 

3. The whole of the artificial manure specified in the above application was used by me in the production of primary produce other than wheat during the year ending on the thirtieth day of November, One thousand nine hundred and thirty-three.

4. No financial assistance has been previously applied for by me or paid to me in respect of any of the artificial manure specified in the above application.

5. The particulars set out above are true and correct in every particular.

..........................

Signature or witnessed mark of Applicant.

Dated this day of 193 .

Before me......................

............................*

* State address of person taking declaration, and whether a Commissioner for Declarations Justice of the Peace, Bank Manager, Postmaster (or officer in charge, of Post Office), Station Master (or other railway official in charge of station or siding) or Constable or Officer of Police.

Certificate of Supplier of Artificial Manure.

I certify that the following of artificial manure referred to in the above application supplied by me to the applicant on the dates shown hereunder:—

Quantity.

Kind of Artificial Manure.

Date of Supply.

Tons.

cwts.

Qrs.

Lb.

 

 

...........................

Signature of—

*Supplier of the artificial manure,

or

*Person authorized by the supplier.

* Strike out whichever is inapplicable.

Address......................

Date  / /193 .

Note.—Financial assistance is payable under the Financial Relief Act 1932 to primary producers in respect of the production of primary produce other than wheat at the rate of 15s. per ton of artificial manure used by primary producers in the production of primary produce other than wheat during the year ending on the thirtieth day of November, One thousand nine hundred and thirty-three. No bounty is payable on any fraction of a ton.

Artificial manure means any substance which contains nitrogen, phosphoric acid or potash and which has been manufactured, produced or prepared in any manner for the purpose of fertilizing the soil or supplying nutriment to plants, but does not include any animal or vegetable matter which has not been subjected to process or manufacture.

Penalty.—The penalty under the Act for (a) obtaining any payment by means of any false or misleading statement, or (b) presenting any document or making any statement which is false in any particular, is £500, or imprisonment for two years.

 

Form B. Regulation 4.

Commonwealth of Australia.

APPOINTMENT OF AUTHORIZED PERSON.

I * hereby authorize †

who is employed at head office situated at to sign on behalf the certificate referred to in paragraph (5) of sub-regulation (1.) of regulation 4 of the Primary Producers’ Assistance (Artificial Manure) Regulations.

Dated this day of 193 .

‡.............................

Witness.....................

Signature of authorized person.................

Witness................................

* Here insert name, address, and description of supplier, &c.

†Here insert name, address and description of authorized person.

‡Signature of supplier, &c.


Form C. Regulation 5.

Commonwealth of Australia.

Financial Relief Act 1932.

CERTIFICATE OF SECRETARY OF THE DEPARTMENT OF COMMERCE.

In pursuance of section 32 of the Financial Relief Act 1932, I hereby certify that

 of in the State of              has produced satisfactory evidence that he has used in the State of              during the year ending on the thirtieth day of November, One thousand nine hundred and thirty-three, in the production of primary products other

than wheat tons of artificial manure.

............................

Secretary, Department of Commerce.

Date / /193 .

 

Form D. Regulation 6.

FORM OF CLAIM FOR FINANCIAL ASSISTANCE.

Commonwealth of Australia.

Financial Relief Act 1932.

To the Secretary of the Department of Commerce.

I, [Christian names in full, surname in block letters] of [Postal address] hereby claim financial assistance in respect of              tons of artificial manure obtained from               of              [Name and address of supplier] and used by me in the production of primary produce other than wheat during the year ending on the thirtieth day of November, One

thousand nine hundred and thirty-three in the Territory.

Particulars of the primary produce in the production of which artificial manure has been used by me during the year abovementioned are as follows:—

Class of Primary Produce.

Area planted.

Quantity of Artificial manure Used.

*

Acres.

Tons.

Cwt.

Qrs.,

lb.

* (State class of primary produce on which artificial manure used, e.g., oats, maize, hops, beans, peas, applies, pears, &c.)

............................

Signature of Claimant.

Date of claim.........193 .

 

Declaration by Claimant.

I hereby declare as follows:—

1. I have used during the year ending on the thirtieth day of November, One thousand nine hundred and thirty-three, in the production of the primary produce mentioned above the total quantity of artificial manure specified in the above claim.

2. The said artificial manure was purchased by me from the following persons, companies, or firms in the quantities and on the dates shown:—

Name of Person, Company of Firm.

Address.

Kind of Artificial Manure Purchased.

Quantity Purchased.

Date of Purchase.

 

 

 

 

 

* State address of person taking declaration, and whether a Commissioner for Declarations, Justice of the Peace, Bank Manager, Postmaster (or officer in Charge of Post Office), Station Master (or other  railway official in charge of station or siding) or Constable or Officer of Police.

3. The whole of the artificial manure on which financial assistance is claimed was used by me in the production of primary produce other than wheat during the year ending on the thirtieth day of November, One thousand nine hundred and thirty-three.

4. No financial assistance has been previously claimed by me or paid to me in respect of any of the artificial manure specified in the above claim.

5. The particulars set out above are true and correct in every particular.

.............................................

Signature or witnessed mark of Claimant.

Dated this day of 193 .

Before me....................

...........................

 

Certificate of Supplier of the Artificial Manure.

I certify that the following of artificial manure referred to in the above claim supplied by me to the claimant on the dates shown:—

Quantity.

Kind of Artificial Manure.

Date of Supply.

Tons.

cwts.

Qrs.

Lb.

 

 

..........................

Signature of—

* Supplier of the artificial manure,

or

*Person authorized by the supplier.

Address...................

Date / /193 .

* Strike out whichever is inapplicable.

 

Certifying Officer’s Certificate.

I certify that this account is correct within the meaning of section 34 of the Audit Act 1921-1926.

...........................

Certifying Officer.

Date / /193 .

Note.—Financial assistance is payable under the Financial Relief Act 1932 to primary producers in respect of the production of primary produce other than wheat at the rate of 15s. per ton of artificial manure used by primary producers in the production of primary produce other than wheat during the year ending on the thirtieth November, One thousand nine hundred and thirty-three. No bounty is payable on any fraction of a ton.

Artificial Manure means any substance which contains nitrogen, phosphoric acid or potash and which has been manufactured, produced or prepared in any manner for the purpose of fertilizing the soil or supplying nutriment to plants, but does not include any animal or vegetable matter which has not been subjected to process or manufacture.

Penalty.—The penalty under the Act for (a) obtaining any payment by means of any false or misleading statement, or (b) presenting any document or making any statement which is false in any particular, is £500, or imprisonment for two years.


Form E. Regulation 7.

Commonwealth of Australia.

APPOINTMENT OF AUTHORIZED PERSON.

 hereby authorize †  who is

employed at head office situated at  to sign on behalf the certificate referred to in paragraph (b) of sub-regulation (1) of regulation 7 of the Primary Producers’ Assistance (Artificial Manure) Regulations.

Dated this day of 193 .

.....................

Witness...............

Signature of authorized person..........................................

Witness................................................

* Here insert name, address and description of supplier, &c.

Here insert name, address and description of authorized person.

Signature of supplier, &c.

 

By Authority: L. P. Johnston, Commonwealth Government Printer, Canberra.

Overview

The Primary Producers’ Assistance (Artificial Manure) Regulations, 1933, were enacted under the Financial Relief Act 1932 to provide financial assistance to primary producers for the use of artificial manure in the production of primary produce other than wheat. This legislative instrument was introduced to address the economic hardships faced by primary producers during the early 1930s. The Financial Relief Act 1932 aimed to provide relief to primary producers by offering financial assistance, and these regulations detail the procedures and forms required for primary producers to claim this assistance. The enacting body was the Governor-General in Council, who made these regulations under the authority of the Act, with the policy objective being to support primary producers through financial relief during a period of economic distress.

Scope and Application

The Primary Producers’ Assistance (Artificial Manure) Regulations, made under the Financial Relief Act 1932, apply to primary producers who seek financial assistance in respect of artificial manure used in the production of primary produce other than wheat. These regulations primarily target primary producers located in the various states and territories of Australia, ensuring they can apply for financial support through the Secretary of the Department of Commerce. The application process involves the submission of detailed forms, including a declaration by the primary producer and a certificate from the supplier of the artificial manure, all of which must adhere to the prescribed forms outlined in the Schedule. Notably, these regulations do not apply to artificial manure used in wheat production, and there are stringent penalties for any false or misleading statements, including fines of up to £500 or imprisonment for up to two years. The scope of the Act is further extended through subordinate instruments that may adjust or clarify the application of the regulations, ensuring that the financial relief is administered accurately and fairly across the Commonwealth.

Key Provisions

The Primary Producers’ Assistance (Artificial Manure) Regulations, made under the Financial Relief Act 1932, provide detailed procedures for primary producers seeking financial assistance for using artificial manure in producing primary produce other than wheat. Section 3 of the Regulations requires primary producers to apply to the Secretary of the Department of Commerce for a certificate, which is a necessary prerequisite for claiming financial assistance. This application must be made in the prescribed form (Form A in the Schedule) and supported by specific documentation: a declaration by the applicant (Form A) witnessed by an authorized person and a certificate from the supplier of the artificial manure (Form A), signed by the supplier or an authorized representative. Suppliers can delegate the signing authority to a specific person working at their head office, with a copy of this delegation to be sent to the Secretary of the Department of Commerce (section 4). The Regulations impose several obligations on primary producers and suppliers to ensure the integrity of the financial assistance claims. Primary producers must submit their claims in the prescribed form (Form D in the Schedule), detailing the quantity and class of artificial manure used and the supplier's information (section 6). These claims must be accompanied by a declaration from the producer (Form D) and a certificate from the supplier (Form D), both of which need to be witnessed by an authorized person. Similar to the application process, suppliers can delegate the authority to sign these certificates to a designated person at their head office, with the requisite documentation sent to the Secretary of the Department of Commerce (section 7). Failure to comply with the requirements of these Regulations can result in significant penalties. Under the Financial Relief Act 1932, penalties apply for making false or misleading statements or providing false documentation in support of a claim for financial assistance. The penalty for such offences is a fine of up to £500 or imprisonment for up to two years (section 7(2)). These stringent penalties underscore the importance of accuracy and truthfulness in the documentation provided to support claims for financial assistance under the Act.

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