Primary Producers Relief (Superphosphate) Act 1943

Legislation au C1943A00020 Not in force Act

Legislation content

PRIMARY PRODUCERS RELIEF (SUPERPHOSPHATE).

 

No. 20 of 1943.

An Act to provide Relief to Primary Producers by stabilizing the Price of Superphosphate and for other purposes.

[Assented to 29th March, 1943.]

Preamble.

BE it enacted by the Kings Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, for the purpose of appropriating the grant originated in the House of Representatives, as follows:—

Citation.

1. This Act may be cited as the Primary Producers Relief (Superphosphate) Act 1943.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Definitions.

3. In this Act, unless the contrary intention appears—

superphosphate includes any inorganic phosphatic fertilizer;

the Superphosphate Industry Committee means the Superphosphate Industry Committee constituted under the National Security (Superphosphate Industry) Regulations (being Statutory Rules 1943, No. 1).

Payments to manufacturers of superphosphate.

4.—(1.) For the purpose of stabilizing the price of superphosphate during the financial year ending on the thirtieth day of June, One thousand nine hundred and forty-three, the Minister may, after receipt of a recommendation by the Superphosphate Industry Committee, authorize the making of payments to manufacturers of superphosphate.

(2.) In making any recommendation for the purposes of this section, the Superphosphate Industry Committee shall take into account any increase in the cost of manufacture of superphosphate which is beyond the control of the manufacturers, together with such other circumstances (if any) as the Committee thinks fit.

Other payments.

5. The Minister may, after receipt of a recommendation by the Superphosphate Industry Committee, make any other payment which he considers it desirable to make for the purpose of decreasing, or preventing any increase in, the price of superphosphate during the financial year ending on the thirtieth day of June, One thousand nine hundred and forty-three.


Manner of making payment.

6. Payments under the last two preceding sections shall be made in such manner as the Minister, after receipt of a recommendation by the Superphosphate Industry Committee, determines.

Appropriation.

7. There shall be payable out of the Consolidated Revenue Fund, which is hereby appropriated accordingly, such amounts as are necessary—

(a) to make the payments provided for by sections four and five of this Act; and

(b) to pay the expenses and other charges incurred by the Superphosphate Industry Committee, or for which the Superphosphate Industry Committee becomes liable, in the exercise of its powers and functions.

but so that the aggregate of the amounts so appropriated shall not exceed Nine hundred thousand pounds.

Half-yearly reports.

8. The Minister shall, in the months of January and July in each year, or, if the Parliament is not sitting in any such month, within seven days after the next meeting of the Parliament, furnish to each House of the Parliament a report showing the amount expended under this Act and the manner in which the amount has been expended—

(a) in the case of the first report—since the commencement of this Act; and

(b) in the case of each subsequent report—since the expiration of the period to which the previous report relates.

Regulations.

9. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.

 

Overview

The Primary Producers Relief (Superphosphate) Act 1943 was enacted by the Commonwealth Parliament of Australia to provide relief to primary producers by stabilising the price of superphosphate. This legislation aimed to address the problem of fluctuating prices in the superphosphate industry, which was crucial for maintaining the economic stability of primary producers during a financially challenging period. The policy objective of the Act was to ensure that the price of superphosphate remained stable during the specified financial year by enabling the Minister, based on recommendations from the Superphosphate Industry Committee, to authorise payments to manufacturers and make other payments as necessary. These measures were designed to control and prevent any increase in the price of superphosphate, thereby providing financial relief and stability to primary producers. The Act also included provisions for appropriation of funds, the requirement for half-yearly reports to Parliament on the expenditure, and the power for the Governor-General to make regulations necessary for the Act's implementation.

Scope and Application

The Primary Producers Relief (Superphosphate) Act 1943 applies to the stabilization of the price of superphosphate, a crucial input for primary producers in Australia, by allowing the Minister to make payments to manufacturers of superphosphate, as well as any other payments deemed necessary to prevent price increases. This Act applies to manufacturers of superphosphate and the Superphosphate Industry Committee, established under the National Security (Superphosphate Industry) Regulations, and its geographic reach is nationwide, as it is a Commonwealth Act. The Act sets a cap on the total appropriations for payments and related expenses at Nine hundred thousand pounds for the financial year ending on the thirtieth day of June 1943. The Act can be extended or restricted through regulations made by the Governor-General, ensuring its provisions are flexible enough to adapt to changing circumstances while maintaining its core purpose of providing relief to primary producers.

Key Provisions

The Primary Producers Relief (Superphosphate) Act 1943 (sections 1-9) outlines provisions for stabilising the price of superphosphate, a key agricultural input, during a specific financial year. Section 1 provides the Act’s citation, while Section 2 states that the Act comes into operation immediately upon receiving Royal Assent. Section 3 defines key terms, including "superphosphate" and "Superphosphate Industry Committee," which is constituted under the National Security (Superphosphate Industry) Regulations. Section 4 allows the Minister to authorise payments to manufacturers of superphosphate following a recommendation by the Superphosphate Industry Committee, taking into account factors such as uncontrollable increases in manufacturing costs. Section 5 provides the Minister with the authority to make other payments deemed necessary to decrease or prevent an increase in the price of superphosphate. Section 6 specifies that payments under Sections 4 and 5 shall be made in a manner determined by the Minister, following a recommendation by the Superphosphate Industry Committee. Section 7 appropriates funds from the Consolidated Revenue Fund for the payments and expenses related to the Superphosphate Industry Committee, with an upper limit of Nine hundred thousand pounds. Section 8 mandates that the Minister furnish half-yearly reports to Parliament detailing the expenditures under the Act. Lastly, Section 9 empowers the Governor-General to make regulations necessary for the implementation of the Act. The Act imposes several obligations on the parties it governs. Firstly, the Superphosphate Industry Committee must provide recommendations to the Minister regarding payments to manufacturers of superphosphate, taking into account various factors, as outlined in Section 4(2). The Minister, upon receipt of these recommendations, is required to make the authorised payments in accordance with Section 6. Furthermore, the Minister must ensure that the aggregate of the amounts appropriated under Section 7 does not exceed the specified limit of Nine hundred thousand pounds. Additionally, the Minister is obligated to furnish half-yearly reports to Parliament, as stipulated in Section 8, detailing the expenditures under the Act. Breaches of the provisions of the Primary Producers Relief (Superphosphate) Act 1943 may lead to various civil and criminal consequences. However, the Act does not explicitly state the specific offences, penalties, or consequences for breach. In the absence of explicit provisions, it is likely that breaches of the Act would be subject to general legal consequences under Australian law, which may include fines, imprisonment, or other penalties as determined by the relevant courts. The severity of these consequences would depend on the nature and extent of the breach, as well as any applicable statutory provisions or case law.

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Economic Regulation
Instrument
Act
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Definitions & Interpretation
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Payments to manufacturers of superphosphate

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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.