Primary Producers Relief Regulations 1938

STATUTORY RULES.

1938. No. .

REGULATIONS UNDER THE STATES GRANTS (FERTILIZER) ACT 1937.*

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 States Grants (Fertilizer) Act 1937.

Dated this Fifteenth day of March , 1938.

Governor-General.

By His Excellency’s Command,

Minister of State for Commerce.

Primary Producers Relief Regulations 1938.

Citation.

1. These Regulations may be cited as the Primary Producers Relief Regulations 1938.

Interpretation.

2. — (1.) In these Regulations, “the Act” means the States Grants (Fertilizer) Act 1937.

(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. 5 of Act.

3. An application by a primary producer in a State for a certificate under section 5 of the Act shall be in accordance with Form A, and shall be supported by—

(a) a declaration by the applicant in the form contained in that Form; and

(b) a certificate, in the form contained in that Form, signed by the supplier of the artificial manure or by any person employed by that supplier and authorized in accordance with regulation 12 of these Regulations.

Form of certificate under s. 5 of Act.

4. The certificate referred to in section 5 of the Act shall be in accordance with Form B.

Form of application under s. 6.

5. An application by a primary producer for payment of any amount claimed under section 6 of the Act shall be in accordance with Form C, and shall be supported by—

(a) a declaration by the claimant in the form contained in that Form; and

(b) a certificate, in the form contained in that Form, signed by the supplier of the artificial manure or by any person employed by that supplier and authorized in accordance with regulation 12 of these Regulations.

* Notified in the Commonwealth Gazette on , 1938.

528.—6/4.3.1938.—Price 8d

Form of application by State.

6.— (1.) An application by a State for payment of any amount claimed under section 7 of the Act shall be in accordance with Form D.

(2.) The application shall be made by the Permanent Head of the Department by which the artificial manure was used or supplied.

Form of application by approved organization.

7. An application by an approved organization for the prescribed certificate referred to in paragraph (iii) of the proviso to section 7 of the Act shall be made by the Chairman or Secretary of the organization in accordance with Form E and shall be supported by a declaration in the form contained in that Form.

Form of certificate under s. 7 of Act.

8. The certificate referred to in sub-paragraph (1.) of paragraph (iii) of the proviso to section 7 of the Act shall be in accordance with Form F.

Declarations in applications.

9. A declaration in any application lodged in pursuance of these Regulations shall be made 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.

Where applications to be lodged.

10. An application in pursuance of these Regulations shall be forwarded to the Secretary of the Department of Commerce at the address specified in the second column of the following table opposite to the name of the State or Territory in which the artificial manure was used, or supplied, as the case may be:—

Claims by sharefarmers &c.

11. Where two or more primary producers (such as share-farmers, partners, co-owners and the like) have jointly used artificial manure in the production of primary produce other than wheat, applications made by them under these Regulations shall be signed by each of them, and Forms A, B and C may be altered to such extent as is necessary to meet the circumstances.

Certificates by employees.

12. —(1.) The supplier of any artificial manure may, in accordance with Form G, 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 regulation 5 of these Regulations, 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.

Form A. Reg. 3.

Commonwealth of Australia.

States Grants (Fertilizer) Act 1937

Primary Producers Relief Regulations 1938.

APPLICATION FOR CERTIFICATE OF THE SECRETARY OF THE DEPARTMENT OF COMMERCE IN RESPECT OF ARTIFICIAL MANURE USED BY A PRIMARY PRODUCER BETWEEN 1st JULY, 1937, AND 30th JUNE, 1938.

Note.—Payments may be made to primary producers at the rate of 10s. per ton of artificial manure used by primary producers during the year ending on the thirtieth day of June, 1938, in the production of primary produce other than wheat. Payments are made only in respect of tons and half-tons, and any artificial manure in excess of 20 tons used by any primary producer is excluded.

“ Artificial manure ” means any substance—

(а) which contains nitrogen, phosphoric acid of 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.

To the Secretary of the Department of Commerce,

………………………….

I,........................................, of..................

[Christian name in full, surname in block letters.] [Full postal address.]

hereby apply for a certificate in accordance with section 5 of the States Grants (Fertilizer) Act 1937 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, 1938, in the production of primary produce other than wheat, the quantity of artificial manure the particulars of which are as follows:—

(N.B.—Full details must be inserted.)

* 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, 1938, in the production of the primary produce specified in the first column of the above statement of particulars, 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: —

‡ The portion of the paragraph from here to the end should be struck out where no previous application has been made.

§ Here set out dates of previous applications (if any) and addresses to which they were forwarded.

3. The whole of the artificial manure specified in this application was used by me during the year ending on the thirtieth day of June, 1938, in the production of primary produce other than wheat.

|| Signature, designation and address of person taking declaration, who must be 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,

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, and no application has been previously made by me in respect of artificial manure used by me in the production of primary produce other than wheat during the year ending on the thirtieth clay of June, 1938, ‡ except the applications particulars of which are set out hereunder: —

§

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

Dated this....................day of...................... 193 .

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

Signature or mark of applicant.

Declared by the above-named applicant

before me—

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

Signature of witness.

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

Designation of witness.

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

Address of witness.

Certificate of Supplier of Artificial Manure.

Strike out whichever is inapplicable.

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, and that no other certificate has been given by me in respect of that artificial manure:—

Dated this..............day of.............., 193..

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

Signature of—

** Supplier of the artificial manure.

or

** Person authorized by the supplier.

** Strike out whichever is inapplicable.

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

Form B. Reg. 4.

Commonwealth of Australia.

States Grants (Fertilizer) Act 1937.

Primary Producers Relief Regulations 1938.

CERTIFICATE UNDER SECTION 5 OF THE ACT.

In pursuance of section 5 of the States Grants (Fertilizer) Act 1937, 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, 1938, in the production of primary produce other than wheat,               tons of artificial manure.

Dated this..................day of.................., 193. . .

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

Secretary, Department of Commerce.

Form C. Reg. 5.

Commonwealth of Australia.

States Grants (Fertilizer) Act 1937.

Primary Producers Relief Regulations 1938.

APPLICATION BY A PRIMARY PRODUCER IN A TERRRITORY FOR A PAYMENT IN RESPECT OF ARTIFICIAL MANURE USED BETWEEN 1st JULY, 1937, AND 30th JUNE, 1938.

Note.—Payments may be made to primary producers at the rate of 10s. per ton of artificial manure used by primary producers during the year ending on the thirtieth day of June, 1938, in the production of primary produce other than wheat. Payments are made only in respect of tons and half-tons, and any artificial manure in excess of 20 tons used by any primary producer is excluded.

“ 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.

To the Secretary of the Department of Commerce.

……………………….

I,.........................................., of................

[Christian name in full, surname in block letters.] [Full 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 during the year ending on the thirtieth day of June 1938, in the              Territory in the production of primary produce other than wheat.

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

(N.B.—Full details must be inserted.)

* 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, 1938, in the production of the primary produce specified in the first column of the above statement of particulars the 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: —

3. The whole of the artificial manure specified in this application was used by me during the year ending on the thirtieth day of June, 1938, in the production of primary produce other than wheat.

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, and no application has been previously made by me in respect of artificial manure used by me in the production of primary produce other than wheat during the year ending on the thirtieth day of June, 1938, ‡ except the applications particulars of which are set out hereunder§ : —

‡ The portion of the paragraph from here to the end should be struck out where no previous application has been made.

§

§ Here set out dates of previous applications (if any) and addresses to which they were forwarded

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

Dated this....................day of......................, 193....

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

Signature or mark of applicant.

Declared by the above-named applicant

before me— ||

|| Signature, designation, and address of person taking declaration, who must be 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.

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

Signature of witness.

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

Designation of witness.

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

Address of witness.

Certificate of Supplier of the 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,  and that no other certificate has been given by me in respect of that artificial manure: —

¶Strike out whichever is inapplicable.

Dated this.....................day of....................., 193....

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

Signature of—

** Supplier of the artificial manure

or

** Person authorized by the supplier

** Strike out whichever is inapplicable.

Form D. Reg. 6.

Commonwealth of Australia.

States Grants (Fertilizer) Act 1937.

Primary Producers Relief Regulations 1938.

APPLICATION BY A STATE FOR A PAYMENT UNDER SECTION 7 OF THE ACT IN RESPECT OF ARTIFICIAL MANURE USED OR SUPPLIED DURING THE YEAR ENDING 30th JUNE, 1938.

To the Secretary of the Department of Commerce,

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

In accordance with section 7 of the States Grants (Fertilizer) Act 1937, application is hereby made for the payment of an amount of Ten shillings per ton

in respect of the artificial manure, particulars of which are specified hereunder, used by the State of              ,  in the production of primary produce other than wheat, or supplied by that State (otherwise than by way of sale) for use, in respect of the production of primary produce other than wheat, during the year ending on the thirtieth day of June, 1938.

Particulars of Artificial Manure used by the State of................................

* Details are to be shown of the quantity used in respect of each farm or experimental station.

Particulars of Artificial Manure Supplied by State of................................

I certify that the statements and particulars set out in this application are true and correct.

Dated this...............day of.................., 193....

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

Signature of applicant.

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

Designation.

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

Department.

Form E. Reg. 7.

Commonwealth of Australia.

States Grants (Fertilizer) Act 1937.

Primary Producers Relief Regulations 1938.

APPLICATION BY AN APPROVED ORGANIZATION FOR CERTIFICATE OF THE SECRETARY OF THE DEPARTMENT OF COMMERCE IN RESPECT OF ARTIFICIAL MANURE SUPPLIED (OTHERWISE THAN BY WAY OF SALE) BETWEEN 1st JULY, 1937, AND 30th JUNE, 1938.

Note.—Payments may be made to approved organizations at the rate of 10s. per ton of artificial manure supplied (otherwise than by way of sale) during the year ending on the thirtieth day of June, 1938, for use in the production of primary produce other than wheat. Payments are made only in respect of tons and half-tons, and artificial manure in excess of 20 tons used on any farm or experimental station or by any primary producer is excluded.

“ Artificial manure ” means any substance—

(а) 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.

To the Secretary of the Department of Commerce,

…………………………

I, ........................................., of................

[Christian names in full, surname in block letters.] [Full postal address.]

hereby make application on behalf of......................................for a

[Name of approved organization]

certificate in accordance with section 7 of the States Grants (Fertilizer) Act 1937, stating that the abovementioned approved organization has produced satisfactory evidence that it has supplied (otherwise than by way of sale) during the year ending on the thirtieth day of June, 1938, to the persons specified hereunder the quantities of artificial manure stated for use in respect of the production of primary produce other than wheat: —

Declaration.

I hereby declare as follows:—

1. The abovementioned approved organization has supplied (otherwise than by way of sale) to the persons specified in this application during the year ending on the thirtieth day of June, 1938, the quantities of artificial manure set out in this application opposite to the names of those persons for use in the production of primary produce other than wheat.

2. No payment has been previously applied for by or paid to, the above mentioned approved organization in respect of any of the artificial manure specified in this application.

3. The statement and particulars set out in this application are true and correct.

Dated this...................day of.................., 193....

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

Signature of declarant.

Declared by the above-named applicant

before me— *

* Signature, designation and address of person taking declaration, who must be a Commissioner for Declarations, Justice of the Peace, Dank 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.

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

Signature of witness.

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

Designation of witness.

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

Address of witness.

Form F. Reg. 8.

Commonwealth of Australia.

States Grants (Fertilizer) Act 1937.

Primary Producers Relief Regulations 1938.

CERTIFICATE UNDER SECTION 7 OF THE ACT.

In pursuance of section 7 of the States Grants (Fertilizer) Act 1937, I hereby certify that of              in the State of               has produced satisfactory evidence that it has supplied (otherwise than by way of sale)              tons of artificial manure for use in the production of primary produce other than wheat during the year ending on the thirtieth day of June, 1938.

Dated this..................day of..................., 193....

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

Secretary, Department of Commerce.

Form G. Reg. 12.

Commonwealth of Australia.

States Grants (Fertilizer) Act 1937.

Primary Producers Relief Regulations 1938.

APPOINTMENT OF AUTHORIZED PERSON.

I*.............................hereby authorized † .................

who is employed at office situated at........................to sign on behalf the certificate referred to in paragraph (b) of regulation 3, and in paragraph (b) of regulation 5, of the Primary Producers Relief Regulations 1938.

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

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

Dated this...................day of.............., 193....

‡ ..................................

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

‡Signature of supplier.

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

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

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