An Act to provide for the registration of brand names for fertilisers and liming materials; to regulate the sale of fertilisers, liming materials and trace element products; to repeal the Fertilizers Act 1934; and for other purposes.
long title: Am 1999 No 31, Sch 2.14 [1].
Part 1 Preliminary
1 Name of Act
This Act may be cited as the Fertilisers Act 1985.s 1: Am 1992 No 8, Sch 3 (1) (a).
2 Commencement
(1) Sections 1 and 2 shall commence on the date of assent to this Act.(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3 Definitions
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:analyst means a person for the time being appointed as an analyst under section 29 or holding a permit under that section.approved means approved for the time being by the Director-General.brand name means a brand name under which a soil improving agent is, or is intended to be, sold.certificate of identification means a certificate of identification referred to in section 24 (1).dealer means a person who carries on the business of importing, manufacturing, selling or otherwise dealing in soil improving agents or trace element products, whether or not the person carries on any other business.Department means the Department of Agriculture.Deputy Director-General means a person for the time being holding office or acting as a Deputy Director-General of Agriculture.Director of Chemistry means the person for the time being holding office or acting as the Director of Chemistry of the Department.Director-General means the person for the time being holding office or acting as the Director-General of Agriculture.dolomite means an artificially prepared or naturally occurring mixture of carbonates, oxides or hydroxides of calcium and magnesium.fertiliser means a substance that:(a) consists of or contains nitrogen, phosphorus or potassium, or any compound thereof, andbut does not include farm-yard manure or stable manure, crude night-soil, crude offal, compost, seaweed or unmanufactured refuse.(b) is manufactured, represented, sold or used as a means for directly or indirectly supplying nutriment for the purpose of enhancing the development, productivity, quality or reproductive capacity of vegetation,gypsum means the sulphate salt of calcium in either hydrated or anhydrous form.inspector means a person for the time being:(a) appointed as an agricultural inspector under section 23 (1), or(b) authorised to exercise the functions of an inspector under section 23 (2).lime means an oxide, hydroxide or carbonate compound of calcium.liming material means a substance that:(a) consists of or contains dolomite, gypsum, lime or magnesite, and(b) is manufactured, represented, sold or used as a means for directly or indirectly affecting the nature or composition of soil or any other matter in which vegetation is grown.magnesite means an oxide, hydroxide or carbonate compound of magnesium.parcel includes sack, bag, barrel, case, package and any other container.premises includes land, place, vehicle and vessel.register means the register referred to in section 5 (1).registered means registered under this Act.registered particulars means:(a) in respect of a brand name relating to a fertiliser—the particulars for the time being entered in the register in relation to the brand name under section 7 (3) (c), and(b) in respect of a brand name relating to a liming material—the particulars for the time being entered in the register in relation to the brand name under section 7 (3) (d).registered proprietor, in relation to a registered brand name, means the person whose name is for the time being entered in the register as the registered proprietor of the brand name.registration includes renewal of registration.regulation means a regulation made under this Act.sell includes:(a) auction or exchange,(b) offer, expose, supply or receive for sale,(c) send, forward or deliver for sale or on sale,(d) cause, permit or suffer the doing of an act referred to in paragraph (a), (b) or (c),(e) offer or attempt to do an act so referred to, and(f) have in possession for sale.soil improving agent means:(a) a fertiliser, or(b) a liming material.trace element means boron, cobalt, copper, iron, magnesium, manganese, molybdenum, selenium or zinc or any other prescribed element.trace element product means a substance that:(a) consists of or contains a trace element, or any compound thereof, andbut does not include a soil improving agent.(b) is manufactured, represented, sold or used as a means for directly or indirectly:(i) supplying nutriment for the purpose of enhancing the development, productivity, quality or reproductive capacity of vegetation, or(ii) affecting the nature or composition of soil or any other matter in which vegetation is grown,(2) In this Act:(a) a reference to a function includes a reference to a power, authority and duty, and(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.s 3: Am 1992 No 8, Sch 3 (1) (b) (2).
4 Act binds Crown
This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
Part 2 Registration of brand names
5 The register
(1) The Director-General shall cause a register to be kept for the purposes of this Act.(2) The Director-General may from time to time cause the particulars for the time being entered in the register to be varied so as to ensure that the register remains a true and accurate record of the matters to which those particulars relate.
6 Applications for registration
(1) A person may apply to the Director-General for registration of a brand name in relation to a substance intended to be sold as a soil improving agent.(2) An application under subsection (1) shall:(a) be in or to the effect of the approved form,(b) nominate a person as the proposed registered proprietor of the brand name the subject of the application,(c) be accompanied by the prescribed fee, and(d) be lodged at a prescribed office of the Department.(3) The Director-General may require an applicant for registration of a brand name to furnish the Director-General with:(a) one or more samples of the substance intended to be sold under the brand name, and(b) such information (in addition to the information contained in the application) as the Director-General may reasonably require in order to determine the application.s 6: Am 1992 No 8, Sch 3 (3).
7 Registration
(1) Except as provided by subsection (2), the Director-General shall register a brand name the subject of an application under section 6.(2) The Director-General may refuse to register a brand name:(a) if, in the opinion of the Director-General:(i) the brand name is misleading as to the composition of the substance intended to be sold thereunder,(ii) the brand name is identical, or substantially identical, to some other registered brand name, or(iii) the brand name so nearly resembles some other registered brand name as to be likely to deceive,(b) if the substance intended to be sold under the brand name fails to comply with the prescribed composition standards,(c) if the person nominated in the relevant application as the proposed registered proprietor of the brand name has been convicted in respect of an offence arising under this Act or the regulations, or(d) for such other reason as the Director-General thinks fit.(3) The Director-General registers a brand name by causing the following particulars to be entered in the register:(a) the brand name,(b) the name of the person nominated in the relevant application as the proposed registered proprietor of the brand name,(c) in the case of a brand name relating to a fertiliser:(i) the proportion in which any nitrogen, phosphorus or potassium occurs in the fertiliser,(ii) the proportion in which any prescribed form of nitrogen, phosphorus or potassium occurs in the fertiliser, and(iii) such other particulars (if any) as are prescribed in relation to fertilisers, and(d) in the case of a brand name relating to a liming material:(i) the proportion in which any calcium, magnesium or sulphur occurs in the liming material,(ii) the proportion in which any prescribed form of calcium, magnesium or sulphur occurs in the liming material, and(iii) such other particulars (if any) as are prescribed in relation to liming materials.(4) Where the Director-General refuses to register a brand name the subject of an application under section 6, the Director-General shall, as soon as practicable after so refusing, cause notice of the refusal, and of the grounds therefor, to be served on the applicant.(5) If, at the expiration of 60 days after an application has been made under section 6, the Director-General has failed to determine the application under this section, the Director-General is, for the purposes only of any application under section 12, taken to have refused to register the brand name the subject of the application.s 7: Am 1992 No 8, Sch 3 (1) (c); 1997 No 77, Sch 5.12 [1]; 1999 No 31, Sch 2.14 [2].
8 Term of registration
(1) The registration of a brand name:(a) takes effect:(i) except as provided by subparagraph (ii)—on the day on which the brand name is registered, or(ii) in the case of a renewal of registration for which application has been made before the third anniversary of the day on which the registration last took effect—on that anniversary, and(b) ceases to have effect:(i) on the third anniversary of the day on which the registration took effect or, in the case of a renewal of registration, last took effect, orwhichever first occurs.(ii) upon cancellation of the registration,(2) Where an application for renewal of registration of a brand name is made before the third anniversary of the day on which the registration last took effect, the registration shall, notwithstanding subsection (1) (b) (i) but subject to any cancellation of the registration, continue in force until the application is finally determined.
9 Applications for variation of registered particulars
(1) The registered proprietor of a brand name may apply to the Director-General for variation of the registered particulars in respect of the brand name.(2) An application under subsection (1) shall:(a) be in or to the effect of the approved form,(b) specify the proposed variation of the registered particulars concerned,(c) be accompanied by the prescribed fee, and(d) be lodged at a prescribed office of the Department.(3) The Director-General may require an applicant for variation of the registered particulars in respect of a brand name to furnish the Director-General with:(a) a sample of the substance intended to be sold under the brand name (as formulated in accordance with those particulars, as varied), and(b) such information (in addition to the information contained in the application) as the Director-General may reasonably require in order to determine the application.
10 Variation of registered particulars
(1) Except as provided by subsection (2), the Director-General shall vary the registered particulars the subject of an application under section 9 in accordance with the proposed variation specified in the application.(2) The Director-General may refuse to vary the registered particulars in respect of a brand name:(a) if the substance intended to be sold under the brand name (as formulated in accordance with those particulars, as varied) fails to comply with the prescribed composition standards, or(b) for such other reason as the Director-General thinks fit.(3) Where the Director-General refuses to vary the registered particulars the subject of an application under section 9, the Director-General shall, as soon as practicable after so refusing, cause notice of the refusal, and of the grounds therefor, to be served on the applicant.(4) If, at the expiration of 60 days after an application has been made under section 9, the Director-General has failed to determine the application under this section, the Director-General is, for the purposes only of any application under section 12, taken to have refused to vary the registered particulars the subject of the application.s 10: Am 1997 No 77, Sch 5.12 [2].
11 Cancellation of registration
(1) The Director-General may, by order published in the Gazette, cancel the registration of a brand name:(a) upon the request of the registered proprietor of the brand name,(b) upon the conviction of the registered proprietor of the brand name in respect of an offence arising under this Act or the regulations,(c) where any fee payable under this Act or the regulations in relation to the brand name has not been paid, or(d) where the brand name has been registered in error or is registered on the basis of information which is false or misleading in a material particular.(2) An order under subsection (1) takes effect on and from the day of its publication in the Gazette or, where a later day is specified in the order in that regard, on and from the day so specified.
12 Reviews by the Administrative Decisions Tribunal
(1) A person may apply to the Administrative Decisions Tribunal for a review of any of the following decisions:(a) the refusal by the Director-General:(i) to register a brand name the subject of an application under section 6 by that person, or(ii) to vary the registered particulars the subject of an application under section 9 by that person,(b) the cancellation by the Director-General of the registration of a brand name of which that person was the registered proprietor immediately before that registration was cancelled.(2) A decision of the Tribunal made in proceedings determining an application made under subsection (1) is not an appealable decision for the purposes of Part 1 of Chapter 7 of the Administrative Decisions Tribunal Act 1997.s 12: Subst 1997 No 77, Sch 5.12 [3].
13 Annual list of registered brand names
(1) The Director of Chemistry shall, as soon as practicable after 1 January in each year, cause to be published in the Gazette a list of all brand names registered as at that date.(2) A list referred to in subsection (1) shall contain, in respect of each registered brand name:(a) the name of the registered proprietor of the brand name,(b) in the case of a brand name relating to a fertiliser—the particulars for the time being entered in the register in relation to the brand name under section 7 (3) (c) (i) and (ii),(c) in the case of a brand name relating to a liming material—the particulars for the time being entered in the register in relation to the brand name under section 7 (3) (d) (i) and (ii), and(d) such other particulars (if any) as the Director of Chemistry considers appropriate.s 13: Am 1992 No 8, Sch 3 (1) (c).
14 Certificates of registered particulars
(1) A person may apply to the Director-General for a copy of the registered particulars in respect of a registered brand name.(2) Where the Director-General receives an application under subsection (1), the Director-General shall, upon payment of the prescribed fee, cause the applicant to be furnished with a certificate, in or to the effect of the prescribed form, containing a copy of the registered particulars in respect of the brand name to which the application relates.
Part 3 Regulation of sales by dealers
Division 1 Soil improving agents
15 Soil improving agents to be sold under registered brand names
(1) A dealer shall not sell a soil improving agent otherwise than under a registered brand name.Maximum penalty: 50 penalty units.(2) Subsection (1) does not apply to the sale of a soil improving agent:(a) to a manufacturer of soil improving agents, or(b) to a purchaser to whose prescription the soil improving agent is formulated.s 15: Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1].
16 Soil improving agents to be sold in marked parcels
(1) A dealer shall not sell a soil improving agent under a registered brand name unless the soil improving agent is contained in a parcel which is marked with the following particulars:(a) the brand name under which the soil improving agent is sold,(b) the registered particulars in respect of the brand name under which the soil improving agent is sold,(c) the quantity of soil improving agent contained in the parcel, and(d) such other particulars (if any) as are prescribed.Maximum penalty: 20 penalty units.(2) Subsection (1) does not apply to the sale of a soil improving agent:(a) to a manufacturer of soil improving agents,(b) where:(i) the soil improving agent comprised in the sale consists of a bulk lot of 90 kilograms or more, and(ii) the dealer concerned furnishes the purchaser, at or before the time the soil improving agent is delivered to the purchaser, with an invoice containing the particulars referred to in paragraphs (a), (b), (c) and (d) of that subsection, or(c) where the soil improving agent is obtained, in the presence of the purchaser, from a parcel which is marked with the particulars referred to in paragraphs (a) and (b) of that subsection.s 16: Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [2].
17 Soil improving agents to conform to registered particulars
A dealer shall not sell a soil improving agent under a registered brand name unless the soil improving agent conforms to the registered particulars in respect of the brand name.Maximum penalty: 50 penalty units.ss 17–19: Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1].
18 Soil improving agents to comply with composition standards
(1) A dealer shall not sell a soil improving agent unless the soil improving agent complies with the prescribed composition standards.Maximum penalty: 50 penalty units.(2) Subsection (1) does not apply to the sale of a soil improving agent:(a) to a manufacturer of soil improving agents, or(b) to a purchaser to whose prescription the soil improving agent is formulated.ss 17–19: Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1].
19 Substances not to be falsely represented as soil improving agents
A dealer shall not falsely represent a substance to be a soil improving agent.Maximum penalty: 50 penalty units.ss 17–19: Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1].
20 Information concerning soil improving agents sold on prescription
(1) Where a dealer sells a soil improving agent which has been, or purports to have been, formulated to the prescription of the purchaser, the Director-General may cause to be served on the dealer a notice in writing requiring the dealer to furnish the Director-General with a written statement containing the following particulars:(a) the date of the sale,(b) the quantity of soil improving agent comprised in the sale,(c) the prescription to which the soil improving agent was, or purports to have been, so formulated, and(d) such other particulars (if any) as are prescribed.(2) A dealer shall not fail to comply with the requirements of a notice served under subsection (1).Maximum penalty (subsection (2)): 10 penalty units.s 20: Am 1993 No 47, Sch 1.
Division 2 Trace element products
21 Trace element products to be sold in marked parcels
(1) A dealer shall not sell a trace element product unless the trace element product is contained in a parcel which is marked with the following particulars:(a) the quantity of trace element product contained in the parcel,(b) the respective forms in which each trace element occurs in the trace element product,(c) the respective proportions in which each such form of trace element occurs in the trace element product, and(d) such other particulars (if any) as are prescribed.Maximum penalty: 20 penalty units.(2) Subsection (1) does not apply to the sale of a trace element product:(a) to a dealer, or(b) where:(i) the trace element product comprised in the sale consists of a bulk lot of 90 kilograms or more, and(ii) the dealer concerned furnishes the purchaser, at or before the time the trace element product is delivered to the purchaser, with an invoice stating the particulars referred to in paragraphs (a), (b), (c) and (d) of that subsection.s 21: Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [2].
22 Substances not to be falsely represented as trace element products
A dealer shall not falsely represent a substance to be a trace element product.Maximum penalty: 50 penalty units.s 22: Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1].
Part 4 Inspectors and analysts
23 Appointment of inspectors
(1) Agricultural inspectors may be appointed for the purposes of this Act under and in accordance with the Part 2 of the Public Sector Management Act 1988.(2) The Minister may authorise in writing any person to exercise the functions of an inspector, subject to such restrictions (if any) as are specified in the authority.(3) The Minister may amend or revoke an authority referred to in subsection (2).(4) An inspector shall have, and may exercise, such functions as are conferred or imposed on the inspector by or under this Act.s 23: Am 1992 No 8, Sch 3 (4).
24 Identification certificates
(1) The Director-General shall cause each inspector to be issued with a certificate of identification.(2) A certificate of identification shall be in the approved form.s 24: Am 1988 No 92, Sch 8.
25 Powers of inspectors in relation to premises
(1) For the purpose of ascertaining whether an offence against this Act or the regulations has been committed, an inspector may do any one or more of the following things:(a) the inspector may enter and remain in or on any premises in which the inspector believes, on reasonable grounds, that soil improving agents or trace element products are sold,(b) the inspector may search and inspect any such premises for the presence of:(i) any soil improving agent or trace element product,(ii) any parcel used for containing a soil improving agent or trace element product, or(iii) any document relating to the sale of a soil improving agent or trace element product,(c) the inspector may examine any soil improving agent, trace element product, parcel or document found in or on any such premises,(d) the inspector may take, without payment, a quantity not exceeding 3 kilograms of any soil improving agent or trace element product found in or on any such premises,(e) the inspector may take copies of, or extracts or notes from, any document found in or on any such premises,(f) the inspector may require any person found in or on any such premises to produce any soil improving agent, trace element product, parcel or document which is in the possession or under the control of that person and which the inspector believes, on reasonable grounds, to relate to the sale of a soil improving agent or trace element product.(2) In exercising in or on any premises any power conferred by subsection (1), an inspector shall, if required to do so by a person apparently for the time being in charge of those premises, produce to that person the inspector’s certificate of identification.(3) Subsection (1) does not authorise an inspector to exercise any power conferred by that subsection in any part of premises used for residential purposes or in relation to any person in or on any such part of premises.(4) The powers conferred by subsection (1) (a) and (b) may be exercised by an inspector between the hours of 7.00 am and 7.00 pm only.(5) A person shall not fail to comply with a requirement made by an inspector under subsection (1) (f).Maximum penalty (subsection (5)): 50 penalty units.s 25: Am 1992 No 8, Sch 3 (5); 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1].
26 Inspectors may demand name and address
(1) An inspector who finds a person:(a) who is committing an offence against this Act or the regulations, ormay require that person to inform the inspector forthwith of that person’s name and place of abode.(b) whom the inspector suspects, on reasonable grounds, of having committed or attempted to commit such an offence,(2) A person shall not fail to comply with a requirement made by an inspector under subsection (1).Maximum penalty (subsection (2)): 20 penalty units.s 26: Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [2].
27 Obstruction of inspectors etc
A person shall not assault, delay, obstruct, hinder or impede an inspector in the exercise of the inspector’s functions under this Act.Maximum penalty: 50 penalty units.s 27: Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1].
28 Impersonation of inspectors etc
A person shall not:(a) forge or counterfeit any certificate of identification,(b) make use of any forged or counterfeited certificate of identification, or(c) personate, or falsely pretend to be, an inspector.Maximum penalty: 50 penalty units.s 28: Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1].
29 Authority to carry out analyses
(1) The Director-General may, by instrument in writing, appoint members of the Public Service as analysts for the purposes of this Act.(2) A person who is not a member of the Public Service may apply to the Director-General for a permit to carry out analyses for the purposes of this Act.(3) An application for a permit is to be accompanied by the prescribed fee.(4) The regulations may provide for the issue and cancellation of permits.(5) An analyst has and may exercise such functions as are conferred or imposed on the analyst by or under this Act.s 29: Subst 1992 No 8, Sch 3 (6).
30 Analysis of soil improving agents etc
(1) A person may apply to an analyst for analysis of a sample of:(a) any substance which is, or purports to be, a soil improving agent or trace element product, or(b) any other substance which is manufactured, represented, sold or used as a means for directly or indirectly:(i) supplying nutriment for the purpose of enhancing the development, productivity, quality or reproductive capacity of vegetation, or(ii) affecting the nature or composition of soil or any other matter in which vegetation is grown.(2) An application under subsection (1) shall be accompanied by:(a) the sample to which the application relates, and(b) the prescribed fee.(3) (Repealed)(4) Upon receipt of an application under subsection (1), an analyst shall:(a) examine the sample to which the application relates, and(b) furnish the applicant with a certificate, in or to the effect of the prescribed form, of the results of the examination.(5) An analyst who is not a member of the Public Service of New South Wales is entitled to retain any fee paid to the analyst under subsection (2).s 30: Am 1992 No 8, Sch 3 (7).
31 Tampering with samples etc
A person shall not tamper with any sample to which an application under section 30 relates for the purpose of:(a) preventing, obstructing, hindering or impeding the examination of the sample by an analyst, or(b) improperly influencing the results of any examination of the sample carried out, or proposed to be carried out, by an analyst.Maximum penalty: 50 penalty units.s 31: Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1].
32 Publication of analyses etc
The Director of Chemistry may cause to be published in the Gazette, or in any newspaper, journal or other publication, the results of any examination carried out by an analyst in relation to:(a) any substance which is, or purports to be, a soil improving agent or trace element product, orand may cause to be so published any opinion formed by the Director of Chemistry in relation to the substance to which those results relate.(b) any other substance which is manufactured, represented, sold or used as a means for directly or indirectly:(i) supplying nutriment for the purpose of enhancing the development, productivity, quality or reproductive capacity of vegetation, or(ii) affecting the nature or composition of soil or any other matter in which vegetation is grown,
Part 5 Supplementary
33 False or misleading information
A person shall not, in or in relation to any application under this Act or in purported compliance with any requirement under this Act, make any statement or furnish any information which is false or misleading in a material particular.Maximum penalty: 50 penalty units.s 33: Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1].
34 Disclosure of information
A person shall not disclose any information obtained in connection with the administration or execution of this Act unless the disclosure is made:(a) with the consent of the person from whom the information was obtained,(b) in connection with the administration or execution of this Act,(c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings,(d) in accordance with a requirement imposed under the Ombudsman Act 1974, or(e) with other lawful excuse.Maximum penalty: 50 penalty units.s 34: Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1].
35 Proceedings for offences
Proceedings for an offence against this Act or the regulations may be taken before a Local Court constituted by a Magistrate sitting alone.s 35: Am 1999 No 31, Sch 4.30.
36 Offences by corporations
(1) Where a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each director of the corporation shall be deemed to have contravened the same provision unless the director satisfies the court before which proceedings are being taken in respect of the contravention that:(a) the corporation contravened the provision without the knowledge of the director,(b) the director was not in a position to influence the conduct of the corporation in relation to its contravention of the provision, or(c) the director, being in such a position, used all due diligence to prevent the contravention of the provision by the corporation.(2) A director of a corporation may be proceeded against and convicted pursuant to subsection (1) whether or not the corporation has been proceeded against or been convicted.(3) Nothing in subsection (1) prejudices or affects any liability imposed by this Act or the regulations on any corporation by which an offence is actually committed.(4) In this section, a reference to a director of a corporation includes a reference:(a) to any person occupying or acting in the position of director of the corporation, by whatever name called and whether or not validly appointed or duly authorised to act in that position, and(b) to any person in accordance with whose directions or instructions the directors of the corporation are accustomed to act.
37 Evidentiary certificates
In any legal proceedings:(a) a certificate which purports to have been signed by the Director-General or a Deputy Director-General and which states that, on a date specified in the certificate:(i) a person so specified was or was not an inspector,(ii) a person so specified was or was not an analyst,(iii) a brand name so specified was or was not registered, or(iv) particulars so specified were or were not the registered particulars in respect of a brand name so specified, oris, without proof of the signature of the person by whom the certificate purports to have been signed, prima facie evidence of the fact or facts so stated.(b) a certificate which purports to have been signed by an analyst and which states that:(i) on a date specified in the certificate the analyst examined a substance so specified, and(ii) the results of the examination are as so specified,
38 Evidence of part to be evidence of whole
In any legal proceedings, evidence as to the nature of the whole or part of a sample of a substance:(a) taken from a parcel of the substance, oris evidence as to the nature of the whole of the contents of the parcel or bulk lot, as the case may be.(b) taken from a quantity of the substance that was, at the time the sample was so taken, represented as being, or as being part of, a bulk lot of the substance,
39 Defences
A dealer is not guilty of an offence arising under this Act or the regulations in respect of the sale of a substance if, at the time the sale took place, the dealer did not know, and did not have reason to believe, that the nature or composition of the substance was such that its sale would constitute such an offence.
40 Liability
A person is not personally liable for any act or omission done or omitted to be done by the person in the bona fide exercise of the functions conferred or imposed on the person by or under this Act.
41 Service of notices
A notice that the Director-General is required or permitted, by or under this Act, to cause to be served on a person may be served personally or by means of a letter addressed to the person at the person’s address last known to the Director-General.
42 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to:(a) the keeping of the register,(b) the transfer of registration,(c) composition standards for soil improving agents,(d) the manner of determining the composition of soil improving agents,(e) the functions of inspectors and analysts,(f) the procedures to be followed in connection with the taking of samples of substances for examination under this Act,(g) the methods to be employed in connection with the analysis of samples of substances taken for examination under this Act,(h) the design, construction and marking of parcels to be used for containing soil improving agents or trace element products,(i) the design, construction and marking of labels to be attached to parcels used for containing soil improving agents or trace element products,(j) the regulation or prohibition of the sale by dealers of substances (including soil improving agents and trace element products) which are manufactured, represented, sold or used as a means for directly or indirectly:(i) supplying nutriment for the purpose of enhancing the development, productivity, quality or reproductive capacity of vegetation, or(ii) affecting the nature or composition of soil or any other matter in which vegetation is grown,(k) the forms to be used for the purposes of this Act, and(l) the imposition of fees and charges.(2) A provision of a regulation may:(a) apply generally or be limited in its application by reference to specified exceptions or factors,(b) apply differently according to different factors of a specified kind, or(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person,or may do any combination of those things.(d) (Repealed)(3) A provision of a regulation may impose a penalty not exceeding 20 penalty units for any contravention of the provision.s 42: Am 1987 No 48, Sch 32; 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [3].
43 Repeals etc
(1) Each Act specified in Schedule 1 is, to the extent indicated therein, repealed.(2) Schedule 2 has effect.
Schedule 1 Repeals
(Section 43 (1))
Fertilizers Act 1934 No 51—the whole Act.Fertilizers (Amendment) Act 1967 No 8—the whole Act.
Metric Conversion Act 1978 No 67—so much of Schedule 1 as amends Act No 51, 1934.
Schedule 2 Savings and transitional provisions
(Section 43 (2))
Part 1 Provisions consequent on the enactment of this Act
1 Definitions
In this Part:appointed day means the day appointed and notified under section 2 (2).the repealed Act means the Fertilizers Act 1934.
2 Inspectors
A person who, immediately before the appointed day, was an inspector under the repealed Act shall be deemed to be an inspector appointed under section 23 (1).
3 Analysts
A person who, immediately before the appointed day, was an analyst under the repealed Act shall be deemed to be an analyst appointed under section 29 (1).
4 Register
The register which, immediately before the appointed day, was kept under the repealed Act shall be deemed to be the register kept under section 5 (1).
5 Applications for registration
An application for registration of a brand which was made before the appointed day under the repealed Act, being an application which was neither withdrawn nor determined before that day, shall be deemed to be an application for registration of a brand name made on that day under section 6.
6 Registration
A brand which, immediately before the appointed day, was registered under the repealed Act:(a) shall, on that day, be deemed to be a brand name registered under section 7, and(b) shall, subject to any cancellation of the deemed registration, continue to be deemed to be so registered until 31 December next following that day.
7 Seized substances, articles and documents
A substance, article or document which was seized before the appointed day pursuant to the repealed Act, being a substance, article or document which was not returned, destroyed or otherwise dealt with immediately before that day pursuant to that Act, shall be returned, destroyed or otherwise dealt with in accordance with that Act as if that Act had not been repealed by this Act.
Part 2 Provisions consequent on the enactment of the Fertilizers (Amendment) Act 1992
8 Analysts
A person who was an analyst immediately before the substitution of section 29 by the Fertilizers (Amendment) Act 1992 is taken to be an analyst appointed under section 29 as so substituted.
sch 2: Am 1992 No 8, Sch 3 (8).