An Act to amend the Fertilisers Act 1985 so as to discontinue the registration of brand names for soil improving agents and to provide for the setting of composition standards for, and the marking of parcels of, soil improving agents and trace element products; and for other purposes.
1 Name of Act
This Act is the Fertilisers Amendment Act 1999.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Fertilisers Act 1985 No 5
The Fertilisers Act 1985 is amended as set out in Schedule 1.
4 Amendment of Fertilizers (Amendment) Act 1992 No 8
The Fertilizers (Amendment) Act 1992 is amended as set out in Schedule 2.
Schedule 1 Amendment of Fertilisers Act 1985
(Section 3)
[1] Long title
Omit “to provide for the registration of brand names for fertilisers and liming materials;”.
[2] Section 3 Definitions
Omit the definitions of analyst, brand name, Director of Chemistry, register, registered, registered particulars, registered proprietor and registration from section 3 (1).
[3] Section 3 (1), definitions of “Director-General” and “Deputy Director-General”
Omit “Agriculture” wherever occurring.Insert instead “the Department of Agriculture”.
[4] Section 3 (1), definition of “fertiliser”
Omit the definition. Insert instead:fertiliser has the meaning given by section 3A.
[5] Section 3A
Insert after section 3:3A Definition of “fertiliser”(1) For the purposes of this Act, fertiliser means:(a) a substance that consists of or contains nitrogen, phosphorus or potassium (or any combination of nitrogen, phosphorus or potassium) and 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, or(b) any other substance that the Minister declares, by an order published in the Gazette, to be a fertiliser for the purposes of this Act.(2) However, fertiliser does not include any substance declared by the Minister, by an order published in the Gazette, not to be a fertiliser for the purposes of this Act.(3) It is the duty of the Minister, before making an order under this section, to consult:(a) the Minister for the Environment, and(b) the Minister for Health, andbut failure to consult those Ministers does not invalidate any order made.(c) any other Minister whom the Minister considers would have responsibilities giving rise to an interest in being consulted,(4) An order made by the Minister under this section must be published in at least one newspaper circulating generally throughout the State at the same time as, or as soon as practicable after, it is published in the Gazette.(5) Section 40 (Notice of statutory rules to be tabled) and section 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to an order made under this section in the same way as they apply to a statutory rule within the meaning of that Act.
[6] Section 4A
Insert after section 4:4A Object of this ActThe object of this Act is to regulate the sale of soil improving agents and trace element products so as:(a) to protect human health by ensuring that unsafe levels of heavy metals and other contaminants that may occur in soil improving agents or trace element products do not make their way into the human food chain, and(b) to facilitate international trade by ensuring that agricultural products destined for export markets comply with requirements of international trading partners in relation to the presence of heavy metals and other contaminants, and(c) to protect the environment by better informing purchasers of the composition of soil improving agents and trace element products and by restricting the proportion of certain substances that soil improving agents and trace element products may contain.
[7] Part 2 Registration of brand names
Omit the Part.
[8] Section 15 Soil improving agents to be sold under registered brand names
Omit the section.
[9] Section 16
Omit the section. Insert instead:16 Soil improving agents to be sold in marked parcels(1) The Minister may, by order published in the Gazette, declare that particulars specified in the order must be marked on a parcel that contains a soil improving agent or a soil improving agent of a specified class.(2) Without limiting the generality of subsection (1), those particulars may comprise any or all of the following:(a) details of the quantity of soil improving agent contained in the parcel,(b) in the case of a soil improving agent that is a fertiliser, the respective proportion in which nitrogen, phosphorus or potassium or any other element (or any form of nitrogen, phosphorus or potassium or any other element) occurs in the fertiliser,(c) in the case of a soil improving agent that is a liming material, the respective proportion in which calcium, magnesium or sulphur or any other element (or any form of calcium, magnesium or sulphur or any other element) occurs in the liming material,(d) warning labels.(3) A dealer must not sell a soil improving agent unless the soil improving agent is contained in a parcel that is marked with the particulars (if any) required by an order made under this section that is in force.Maximum penalty: 20 penalty units.(4) However, it is not an offence to sell a soil improving agent that has not been marked with those particulars:(a) if the soil improving agent is sold to a dealer, or(b) if, in the case where the soil improving agent comprised in the sale consists of a bulk lot of 90 kilograms or more, at or before the delivery of that bulk lot the person to whom the soil improving agent is sold is provided with an invoice or any other document containing the same particulars as would otherwise be required to be marked on the parcel, or(c) if, in the case where the soil improving agent has been formulated to the prescription of the person to whom it is sold, at or before the delivery the person to whom the soil improving agent is sold is provided with an invoice or any other document containing the same particulars as would otherwise be required to be marked on the parcel.(5) An order made by the Minister under this section must be published in at least one newspaper circulating generally throughout the State at the same time as, or as soon as practicable after, it is published in the Gazette.(6) Section 40 (Notice of statutory rules to be tabled) and section 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to an order made under this section in the same way as they apply to a statutory rule within the meaning of that Act.
[10] Section 17
Omit the section. Insert instead:17 Soil improving agents to conform to marked particulars(1) This section applies to any soil improving agent in relation to which an order is in force under section 16 (declaring that particulars specified in the order must be marked on a parcel that contains the soil improving agent or a soil improving agent of its class).(2) A dealer must not sell a soil improving agent to which this section applies unless the soil improving agent conforms to the particulars required to be marked on the parcel (or permitted to be marked on an invoice or other document) that are in fact so marked.Maximum penalty: 50 penalty units.(3) For the purposes of this section, any particular that takes the form of a warning label, or instructions for use, is to be disregarded.
[11] Section 18
Omit the section. Insert instead:18 Soil improving agents to comply with composition standards(1) The Minister may, by order published in the Gazette, declare that a soil improving agent, or a soil improving agent of a class specified in the order, must not contain more than a specified maximum concentration or proportion of any specified component (a composition standard).(2) A dealer must not sell a soil improving agent unless the soil improving agent complies with the composition standards (if any) that apply to it as a result of an order made under this section that is in force.Maximum penalty: 50 penalty units.(3) However, it is not an offence to sell a soil improving agent that does not comply with the composition standards applying to it if the soil improving agent is sold to a dealer.(4) It is the duty of the Minister, before making an order under this section, to consult:(a) the Minister for the Environment, and(b) the Minister for Health, andbut failure to consult those Ministers does not invalidate any order made.(c) any other Minister whom the Minister considers would have responsibilities giving rise to an interest in being consulted,(5) An order made by the Minister under this section must be published in at least one newspaper circulating generally throughout the State at the same time as, or as soon as practicable after, it is published in the Gazette.(6) Section 40 (Notice of statutory rules to be tabled) and section 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to an order made under this section in the same way as they apply to a statutory rule within the meaning of that Act.
[12] Section 20 Information concerning soil improving agents sold on prescription
Omit the section.
[13] Section 21
Omit the section. Insert instead:21 Trace element products to be sold in marked parcels(1) The Minister may, by order published in the Gazette, declare that particulars specified in the order must be marked on a parcel that contains a specified trace element product or a trace element product of a specified class.(2) Without limiting the generality of subsection (1), those particulars may comprise any or all of the following:(a) details of the quantity of trace element product contained in the parcel,(b) the respective proportion in which each trace element or any other element (or any form of each trace element or any other element) occurs in the trace element product,(c) warning labels.(3) A dealer must not sell a trace element product unless the trace element product is contained in a parcel that is marked with the particulars (if any) required by an order made under this section that is in force.Maximum penalty: 20 penalty units.(4) However, it is not an offence to sell a trace element product that has not been marked with those particulars:(a) if the trace element product is sold to a dealer, or(b) if, in the case where the trace element product comprised in the sale consists of a bulk lot of 90 kilograms or more, at or before the delivery of that bulk lot the person to whom the trace element product is sold is provided with an invoice or any other document containing the same particulars as would otherwise be required to be marked on the parcel,(c) if, in the case where the trace element product has been formulated to the prescription of the person to whom it is sold, at or before the delivery the person to whom the trace element product is sold is provided with an invoice or any other document containing the same particulars as would otherwise be required to be marked on the parcel.(5) An order made by the Minister under this section must be published in at least one newspaper circulating generally throughout the State at the same time as, or as soon as practicable after, it is published in the Gazette.(6) Section 40 (Notice of statutory rules to be tabled) and section 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to an order made under this section in the same way as they apply to a statutory rule within the meaning of that Act.
[14] Sections 22A and 22B
Insert after section 22:22A Trace element products to conform to marked particulars(1) This section applies to any trace element product in relation to which an order is in force under section 21 (declaring that particulars specified in the order must be marked on a parcel that contains the trace element product or a trace element product of its class).(2) A dealer must not sell a trace element product to which this section applies unless the trace element product conforms to the particulars required to be marked on the parcel (or permitted to be marked on an invoice or other document) that are in fact so marked.Maximum penalty: 50 penalty units.(3) For the purposes of this section, any particular that takes the form of a warning label, or instructions for use, is to be disregarded.22B Trace element products to comply with composition standards(1) The Minister may, by order published in the Gazette, declare that a trace element product, or a trace element product of a class specified in the order, must not contain more than a specified maximum concentration or proportion of any specified component (a composition standard).(2) A dealer must not sell a trace element product unless the trace element product complies with the composition standards (if any) that apply to it as a result of an order made under this section that is in force.Maximum penalty: 50 penalty units.(3) However, it is not an offence to sell a trace element product that does not comply with the composition standards applying to it if the trace element product is sold to a dealer.(4) It is the duty of the Minister, before making an order under this section, to consult:(a) the Minister for the Environment, and(b) the Minister for Health, andbut failure to consult those Ministers does not invalidate any order made.(c) any other Minister whom the Minister considers would have responsibilities giving rise to an interest in being consulted,(5) An order made by the Minister under this section must be published in at least one newspaper circulating generally throughout the State at the same time as, or as soon as practicable after, it is published in the Gazette.(6) Section 40 (Notice of statutory rules to be tabled) and section 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to an order made under this section in the same way as they apply to a statutory rule within the meaning of that Act.
[15] Part 4
Omit “and analysts” from the heading to the Part.
[16] Sections 29–32
Omit the sections.
[17] Section 37
Omit the section. Insert instead:37 Evidentiary certificatesIn any legal proceedings, a certificate that purports to have been signed by the Director-General or a Deputy Director-General and that states that, on a date, or during a period, specified in the certificate, a specified person was or was not an inspector is, without proof of the signature of the person by whom the certificate purports to have been signed, evidence (unless evidence is adduced to the contrary) of the fact so stated.
[18] Section 42 Regulations
Omit section 42 (1) (a)–(i). Insert instead:(a) the functions of inspectors,
[19] Schedule 2 Savings and transitional provisions
Omit clauses 3–6 and Part 2.
Schedule 2 Amendment of Fertilizers (Amendment) Act 1992
(Section 4)
[1] Schedule 1 Amendments relating to sewage sludge
Omit Schedule 1 (1). Insert instead:(1) Long title:From the long title, omit “to regulate the sale of fertilisers, liming materials”, insert instead “to regulate the sale or supply of soil improving agents”.
[2] Schedule 1
Omit Schedule 1 (2) (a), (b) and (d), (3), (4), (5), (6), (8)–(11) and (13).