Primary Producers Relief Regulations 1937

STATUTORY RULES.

1937. No. 24

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REGULATIONS UNDER THE FINANCIAL RELIEF ACTS 1936.*

I, THE DEPUTY OF 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 Acts 1936.

Dated this twenty sixth day of February, 1937.

Deputy of the Governor-General.

By His Excellency’s Command,

for Minister of State for Commerce.

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Primary Producers Relief Regulations 1937.

Citation.

1. These Regulations may be cited as the Primary Producers Relief Regulations 1937.

Definition.

2.— (1.) In these Regulations, “the Act” means the Financial Relief Acts 1936.

read these

(2.) In these Regulations, any reference to a Form shall be read as a reference to a Form contained in the Schedule to these Regulations.

Form of application for certificate under s. 27 of Act.

3. An application by a primary producer in a State for a certificate under section 27 of the Act may be in accordance with Form A, and shall be supported by—

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

* Notified in the Commonwealth Gazette on      , 1937.

134.––8/18.2.1937.—Price 5d.

(b) a certificate in the form contained in Form A, signed by the supplier of the artificial manure, or any person employed by that supplier and authorized in accordance with regulation 7 of these Regulations.

Form of certificate under s. 27 of Act.

4. The certificate referred to in section 27 of the Act shall be in accordance with Form B.

Claims for financial assistance in Territories to be in prescribed forms.

5.—(1.) An application under section 28 of the Act may be in accordance with Form C, shall be signed by the claimant, and shall set out—

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

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

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

(2.) An application in accordance with Form C shall be supported by—

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

(b) a certificate, in the form contained in Form C, signed by the supplier of the artificial manure or any person employed by that supplier and authorized in accordance with regulation 7 of these Regulations.

Claims by share-farmers.

6. Applications and claims under these Regulations made by share-farmers shall be signed by each of the share-farmers, and Forms A, B and C may be altered to such extent as is necessary to meet the circumstances.

Certificates by employees.

7.—(1.) The supplier of any artificial manure may, in accordance with Form D, authorize any person who is employed by that supplier to sign the certificate referred to in paragraph (b) of regulation 3 or paragraph (b) of sub-regulation (2.) of regulation 5, and any certificate so signed shall be deemed for all purposes to be of the same effect as if it had been signed by the supplier.

(2.) A copy of every 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.

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Form A. Regulation 3.

Commonwealth of Australia.

Financial Relief Acts 1936.

Primary Producers Relief Regulations 1937.

APPLICATION FOR CERTIFICATE OF THE SECRETARY OF THE DEPARTMENT OF COMMERCE IN RESPECT OF ARTIFICIAL MANURE USED BETWEEN 1st JULY, 1936, AND 30th JUNE, 1937.

To the Secretary of the Department of Commerce.

I, [Christian names in full, surname in block letters] of [postal address] hereby apply for a certificate in accordance with section 27 of the Financial Relief Acts 1930 stating that I have produced satisfactory evidence that I have used in the State of during the year ending on the thirtieth day of June, One thousand nine hundred and thirty-seven, in the production of primary produce other than wheat, the quantity of artificial manure the particulars of which are as follows:—

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

†State the month and year in which the artificial manure was actually applied to the soil.

Declaration by Applicant.

I hereby declare as follows:—

1. I have used during the year ending on the thirtieth day of June, One thousand nine hundred and thirty-seven, in the production of the primary produce specified in the first column of the above statement of particulars, the total quantity of artificial manure specified in the third column of that statement.

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

‡Signature and 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), Stationmaster, (or other railway official in charge of station or siding), or Constable or Officer of Police.

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

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

5. The statements and particulars set out in this application are true and correct.

Dated this    day of      , 1937.

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

Signature or mark of applicant.

Declared by the above-named applicant ‡

before me—

Certificate of Supplier of Artificial Manure.

*Strike out whichever is inapplicable.

I certify that the following *quantity/*quantities of artificial referred to in the above application *was/*were supplied by me to the applicant on the dates shown hereunder, and that no other certificate has been given by me in respect of that artificial manure:—

Dated this     day of     , 1937.

Signature of—

*Supplier of the artificial manure,

or

*Person authorized by the supplier.

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

Note.—Payments are made to primary producers at the rate of 10s. 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 June, One thousand nine hundred and thirty-seven. Payments are made only in respect of tons and half-tons.

“Artificial manure” means any substance—

(a) which contains nitrogen, phosphoric acid or potash;

(b) which has been manufactured, produced or prepared in any manner for the purpose of fertilizing the soil or supplying nutriment to plants; and

(c) in respect of which, if used in a State, the laws of that State in relation to the preparation and sale of that substance as a fertilizer have been complied with,

but does not include—

(d) any animal or vegetable matter which has not been subjected to process or manufacture;

(e) agricultural lime or other soil amendment; or

(f) any product prepared primarily for supplying lime to the soil.

Penalty.—The penalty under the Act for obtaining any payment by means of any false or misleading statement, or presenting any document or making any statement which is false in any particular, is a fine not exceeding £500, or imprisonment for a term not exceeding two years.

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Form B.         Regulation 4.

Commonwealth of Australia.

Financial Relief Acts 1936.

Primary Producers Relief Regulations 1937.

CERTIFICATE OF SECRETARY OF THE DEPARTMENT OF COMMERCE.

In pursuance of section 27 of the Financial Relief Acts 1936, 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 June, One thousand nine hundred and thirty-seven, in the production of primary produce other than wheat,                             tons of artificial manure.

Dated this      day of    , 1937.

………………………………………

Secretary, Department of Commerce.

Form C. Regulation 5.

Commonwealth of Australia.

Financial Relief Acts 1936.

Primary Producers Relief Regulations 1937.

FORM OF APPLICATION BY A PRIMARY PRODUCER IN A TERRITORY FOR A PAYMENT IN RESPECT OF ARTIFICIAL MANURE USED BETWEEN 1st JULY, 1936, AND 30th JUNE, 1937.

To the Secretary of the Department of Commerce.

I, [Christian names in full, surname in block letters] of [postal address] hereby apply for a payment of £                             in respect of                             tons of artificial manure obtained from the suppliers whose names are set out in the declaration hereunder and used by me in the production of primary produce other than wheat during the year ending on the thirtieth day of June, One thousand nine hundred and thirty-seven 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:—

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

†State the month and year in which the artificial manure was actually applied to the soil.

Declaration by Applicant.

I hereby declare as follows:—

1. I have used during the year ending on the thirtieth day of June, One thousand nine hundred and thirty-seven, in the production of the primary produce specified in the first column of the above statement of particulars the total quantity of artificial manure specified in the third column of that application.

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

‡ Signature and 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 specified in this application was used by me in the production of primary produce other than wheat during the year ending on the thirtieth day of June, One thousand nine hundred and thirty seven.

4. No payment has been previously claimed by me or made to me in respect of any of the artificial manure specified in this application.

5. The statements and particulars set out in this application are true and correct.

Dated this      day of     , 1937.

……………………………….

Signature or mark of applicant.

Declared by the above-named applicant ‡

before me—

Certificate of Supplier of the Artificial Manure.

*Strike out whichever is inapplicable.

I certify that the following *quantity/*quantities of artificial manure referred to in the above application *was/*were supplied by me to the applicant on the dates shown, and that no other certificate has been given by me in respect of that artificial manure:—

Dated this     day of      , 1937.

…………………………………….

Signature of—

*Supplier of the artificial manure,

Or

* Person authorized by the supplier

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

Note.—Payments are made to primary producers at the rate of 10s. 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 June, One thousand nine hundred and thirty-seven. Payments are made only in respect of tons and half-tons.

"Artificial manure" means any substance—

(a) which contains nitrogen, phosphoric acid or potash;

(b) which has been manufactured, produced or prepared in any manner for the purpose of fertilizing the soil or supplying nutriment to plants; and

(c) in respect of which, if used in a State, the laws of that State in relation to the preparation and sale of that substance as a fertilizer have been complied with,

but does not include—

(d) any animal or vegetable matter which has not been subjected to process or manufacture;

(e) agricultural lime or other soil amendment; or

(f) any product prepared primarily for supplying lime to the soil.

Penalty.—The penalty under the Act for obtaining any payment by means of any false or misleading statement, or presenting any document or making any statement which is false in any particular, is a fine not exceeding £500, or imprisonment for a term not exceeding two years.

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Form D.         Regulation 7.

Commonwealth of Australia.

Financial Relief Acts 1936.

Primary Producers Relief Regulations 1937.

APPOINTMENT OF AUTHORIZED PERSON.

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

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

‡ Signature of supplier

I*     hereby authorize†     who

is employed at my/our office situated at      to sign on my/our

behalf the certificate referred to in paragraph (b) of regulation 3, and in

paragraph (b)of sub-regulation (2.) of regulation 5, of the Primary Producers

Relief Regulations 1937.

 Dated this    day of    , 1937.

‡…………………………..

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

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

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

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By Authority. L. F. Johnston, Commonwealth Government Printer, Canberra.