States Grants (Fertilizer) Act 1938

Legislation au C1938A00075 Not in force Act

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STATES GRANTS (FERTILIZER).

 

No. 75 of 1938.

An Act to amend the States Grants (Fertilizer) Act 1937.

[Assented to 12th December, 1938.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the States Grants (Fertilizer) Act 1938.

(2.) The States Grants (Fertilizer) Act 1937 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the States Grants (Fertilizer) Act 1937–1938.

Commencement.

2. This Act shall be deemed to have come into operation on the date of the commencement of the Principal Act.

Definitions.

3. Section two of the Principal Act is amended by inserting, after the definition of “prescribed date”, the following definition:—

“‘share-farming agreement’ means an agreement between two or more persons to contribute towards the production of primary produce, other than wheat, by the provision of either land, labour, seed, manure or plant, and to divide among them the proceeds of such production;”.

Amount payable to each State.

4. Section four of the Principal Act is amended—

(a) by omitting the words “in that State, in respect of that production, by primary producers during the year ending the thirtieth day of June, One thousand nine hundred and thirty-eight” and inserting in their stead the words “,during the year ending the thirtieth day of June, One thousand nine hundred and thirty-eight, in that State by primary producers in respect of that production”; and

(b) by adding at the end thereof the following sub-section:—

“(2.) For the purposes of paragraph (a) of the proviso to the last preceding sub-section, where artificial manure is used by a partnership, or by a group of persons who have entered into a share-farming agreement, the partnership or group shall be deemed to be one primary producer.”.

5. Section five of the Principal Act is amended—

(a) by omitting the words “this Act” and inserting in their stead the words “the last preceding section”;


(b) by omitting from paragraph (b) the word “and”; and (c) by adding at the end thereof the following paragraph:—“;and

(d) in the case of a payment in respect of artificial manure used by a group of persons who have entered into a share-farming agreement, the payment is made to such member of the group, or is distributed amongst the members of the group in such proportions, as the Minister determines.”.

Payments to primary producers in Territories.

6. Section six of the Principal Act is amended by adding at the end thereof the following sub-section:—

“(2.) For the purposes of this section—

(a) where artificial manure is used by a partnership, or by a group of persons who have entered into a share-farming agreement, the partnership or group shall be deemed to be one primary producer; and

(b) payment may be made to such member of the group, or may be distributed among the members of the group in such proportions, as the Minister determines.”.

Payments to States.

7. Section seven of the Principal Act is amended—

(a) by omitting paragraphs (a) and (b) and inserting in their stead the following paragraphs:—

“(a) the amount of Ten shillings for each ton of artificial manure which is used by that State, or which, having been supplied by that State (otherwise than by way of sale), is used, during the year ending the thirtieth day of June, One thousand nine hundred and thirty-eight, in respect of the production of primary produce other than wheat; and

(b) such amount as represents payments made by the State to approved organizations in that State in respect of the supply by those organizations (otherwise than by way of sale) of artificial manure which is used during that year in respect of the production of primary produce other than wheat:”;

(b) by omitting from paragraph (i) of the proviso the words “in respect of artificial manure used by the State or supplied by the State or an approved organization during that year”; and

(c) by adding at the end thereof the following sub-section:—

“(2.) For the purposes of sub-paragraph (1) of paragraph (i) of the proviso to the last preceding sub-section where artificial manure is used by a partnership, or by a group of persons who have entered into a share-farming agreement, the partnership or group shall be deemed to be one primary producer.”.

Overview

The States Grants (Fertilizer) Act 1938, enacted by the Commonwealth of Australia's Parliament, amends the States Grants (Fertilizer) Act 1937 to address issues related to the distribution and usage of artificial fertiliser in agricultural production. This legislation was introduced to ensure that payments for the use of artificial manure were accurately calculated and distributed, particularly in cases where multiple parties were involved in agricultural production through partnerships or share-farming agreements. The policy objective of this Act is to streamline the distribution of grants by treating partnerships or groups entering into share-farming agreements as a single primary producer for the purposes of calculating and distributing payments related to the use of artificial manure. This Act redefines certain terms and amends existing provisions to incorporate the new framework for treating groups involved in share-farming as single entities for fertiliser-related payments. By doing so, it aims to simplify the administrative process and ensure that payments are made efficiently and accurately to those involved in agricultural production.

Scope and Application

The States Grants (Fertilizer) Act 1938 applies to the primary producers, partnerships, and groups of persons who have entered into a share-farming agreement that utilise artificial manure in the production of primary produce, excluding wheat, across Australia. The Act amends the States Grants (Fertilizer) Act 1937 to provide for the distribution of grants among states and territories based on the use of artificial manure. It specifies that payments are to be made to states and territories based on the use of artificial manure and the supply of such manure by approved organisations. The Act includes provisions that deem partnerships and groups of persons under a share-farming agreement to be a single primary producer for the purposes of determining eligibility for grants. The Act extends its application nationally, impacting all states and territories within Australia, and is administered by the Commonwealth government. There are no stated exclusions, exemptions, or thresholds within the text of the Act itself, though the application may be further refined or specified through subordinate legislation or administrative guidelines issued by the relevant authorities.

Key Provisions

The primary operative sections of the States Grants (Fertilizer) Act 1938 involve amendments to the States Grants (Fertilizer) Act 1937. Section 4 of the Principal Act is amended to clarify the amount payable to each state, while also introducing a new definition for "share-farming agreement" in Section 3 (section 4(2)). Section 5 further amends the Principal Act to specify how payments are to be made in cases where artificial manure is used by a partnership or group of persons who have entered into a share-farming agreement (section 5(d)). Additionally, Section 6 of the Principal Act is amended to allow for payments to primary producers in Territories (section 6(2)), and Section 7 is amended to specify how payments are to be made to states (section 7(a) and (b)). The Act imposes several obligations and requirements on the parties it governs. Firstly, it requires that payments be made to primary producers for the use of artificial manure in the production of primary produce other than wheat. It also requires that these payments be made in specific proportions determined by the Minister, particularly in cases where artificial manure is used by a partnership or group of persons who have entered into a share-farming agreement (section 5(d)). Furthermore, the Act mandates that the payments be made to the state or distributed among members of a group as determined by the Minister (section 6(2) and section 7(2)). There are no explicit offences, penalties, or civil/criminal consequences outlined for breaches of the Act. However, the legislative framework implies that failure to comply with the requirements for payment distribution or improper use of the funds could potentially lead to legal consequences. Given that the Act is part of a larger legislative scheme, it is likely that any breaches would be addressed under the broader legal provisions governing administrative compliance and financial management. The penalties for such breaches would depend on the specific laws and regulations in place at the time of any alleged non-compliance.

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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.