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Phosphate Fertilizers Bounty Regulations

Authoritative Version
SR 1964 No. 29 Regulations as amended, taking into account amendments up to SR 1983 No. 323
Registered 12 Apr 2010
Start Date 21 Dec 1983
End Date 19 Mar 1984
Date of repeal 19 Mar 1984
Repealed by Enabling legislation repealed by Prices Surveillance Act 1983 (Act No. 145 of 1983)

PHOSPHATE FERTILIZERS SUBSIDY REGULATIONS
In force under the Phosphate Fertilizers Subsidy Act 1963
- Reprinted as at 29 February 1984 (HISTREG CHAP 360 #DATE 29:02:1984)

*1* The Phosphate Fertilizers Subsidy Regulations (in force under the Phosphate Fertilizers Subsidy Act 1963) as shown in this reprint comprise Statutory Rules 1964 No. 29 amended as indicated in the Tables below.
Table of Statutory Rules
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Date of Application,
saving
Year and notification in Date of or transitional
number Gazette commencement provisions
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1964 No. 29 27 Feb 1964 27 Feb 1964
1969 No. 70 22 May 1969 22 May 1969 -
1979 No. 166 21 Aug 1979 21 Aug 1979 -
1980 No. 357 12 Dec 1980 12 Dec 1980 (a) -
1981 No. 175 30 June 1981 30 June 1981 -
1983 No. 323 21 Dec 1983 21 Dec 1983 -
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(a) Regulation 2 of Statutory Rules 1980 No. 357 provides as follows:
"2. Regulation 2AA of the Phosphate Fertilizers Bounty Regulations as amended by regulation 1 shall be deemed to have come into operation on 1 July 1977."
Table of Amendments
ad. = added or inserted am. = amended rep. =
repealed rs. = repealed and substituted
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Provision affected How affected
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R. 1 . . . . . . . . rs. 1983 No. 323
R. 2 . . . . . . . . am. 1983 No. 323
R. 2AA . . . . . . . ad. 1979 No. 166
am. 1980 No. 357; 1983 No. 323
Rr. 2A-2C . . . . . . ad. 1969 No. 70
R. 3 . . . . . . . . am. 1983 No. 323
R. 5 . . . . . . . . am. 1981 No. 175; 1983 No. 323
Heading to The
Schedule . . . . . . rep. 1983 No. 323
Heading to Schedule . ad. 1983 No. 323
Schedule . . . . . . am. 1983 No. 323

PHOSPHATE FERTILIZERS SUBSIDY REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS

Regulation

1. Citation

2. Interpretation

2AA. Determination of available phosphorus content

2A. Trace elements

2B. Compounds of trace elements

2C. Substances containing trace elements

3. Authorized agents

4. Authorization under section 6 of the Act

5. Applications for subsidy

SCHEDULE

FORMS

PHOSPHATE FERTILIZERS SUBSIDY REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Phosphate Fertilizers Subsidy Regulations.*1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

PHOSPHATE FERTILIZERS SUBSIDY REGULATIONS - REG 2
Interpretation

2. (1) In these Regulations, unless the contrary intention appears-
"authorized agent" means a person appointed under regulation 3 of these Regulations to be an authorized agent;
"the Act" means the Phosphate Fertilizers Subsidy Act 1963.

(2) In these Regulations, a reference to a form by number shall be read as a reference the form so numbered in the Schedule to these Regulations.

PHOSPHATE FERTILIZERS SUBSIDY REGULATIONS - REG 2AA
Determination of available phosphorus content

2AA. (1) In this regulation-
"approved analyst" means an analyst approved for the purposes of this regulation by the person for the time being holding, or performing the duties of, the office of Assistant Secretary, Analytical Services Branch, in the Department of Science and Technology;
"prepared sample", in relation to a phosphatic substance, means such part of a representative sample of the substance as is prepared in accordance with the method described in section 2.007 of the relevant publication;
"relevant publication" means the twelfth edition of the publication entitled "Official Methods of Analysis of the Association of Official Analytical Chemists" and published by the Association of Official Analytical Chemists (being the association having that name established in the United States of America) as revised and existing at the commencement of this regulation;
"representative sample", in relation to a phosphatic substance, means a sample of the substance-
(a) taken in a manner referred to-
(i) where the substance is packed in bags-in paragraph (a) of section 2.001 of the relevant publication; or
(ii) where the substance is in bulk-in paragraph (b) of that section,
by a person authorized for that purpose by the Comptroller-General; and
(b) sealed in clean, air-tight containers.

(2) The available phosphorus content of a phosphatic substance is that mass that is the percentage of the total mass of the substance that is the same percentage as the prescribed percentage in relation to the substance.

(3) The prescribed percentage in relation to a phosphatic substance is-
(a) except where paragraph (b) applies-the percentage of available phosphorus in a representative sample of the substance as-
(i) determined by an approved analyst in accordance with sub-regulations (5) and (6); and
(ii) specified in a certificate issued in respect of the sample by the analyst in accordance with sub-regulation (4); or
(b) where-
(i) the phosphatic substance is superphosphate in respect of which bounty becomes payable before 21 August 1979; and
(ii) the percentage of available phosphorus referred to in paragraph (a) in relation to a representative sample of the substance is less than 8.5 per centum,
8.5 per centum.

(4) A certificate referred to in sub-paragraph (3) (a) (ii) shall specify-
(a) the percentage of available phosphorus in the representative sample to which the certificate relates; and
(b) the method in accordance with which the representative sample was analysed.

(5) For the purpose of ascertaining the percentage of available phosphorus in a representative sample of a phosphatic substance, an approved analyst shall-
(a) determine the moisture content of the representative sample of the substance by using the method described in section 2.014 of the relevant publication in relation to a prepared sample as if the representative sample were a prepared sample;
(b) determine the moisture content of a prepared sample of the substance in accordance with the method described in section 2.014 of the relevant publication; and
(c) analyse the prepared sample of the substance in accordance with-
(i) the method described under the heading "Spectrophotometric Molybdovanadophosphate Method (17)-Official Final Action" in section 2.044 of the relevant publication; or
(ii) the method described under the heading "Gravimetric Quinolinium Molybdophosphate Method (18)-Official Final Action" in section 2.045 of the relevant publication.

(6) The percentage of available phosphorus in a representative sample of a phosphatic substance that has been examined by an approved analyst as set out in sub-regulation (5) shall be determined in accordance with the formula-
100-M*1*
P x ------------
100-M*2* where-
P is the percentage of phosphorus reported as being present in the prepared sample of the substance after the sample has been analysed in accordance with a method referred to in paragraph 5 (c);
M*1* is the percentage of moisture in the representative sample of the substance determined in the manner referred to in paragraph 5 (a); and
M*2* is the percentage of moisture in the prepared sample of the substance determined in the manner referred to in paragraph 5 (b).

SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

PHOSPHATE FERTILIZERS SUBSIDY REGULATIONS - REG 2A
Trace elements

2A. Each of the following trace elements, that is to say, boron, cobalt, copper, manganese, molybdenum and zinc, is specified to be a trace element in relation to which section 4A of the Act applies.

PHOSPHATE FERTILIZERS SUBSIDY REGULATIONS - REG 2B
Compounds of trace elements

2B. A chemical compound of a trace element specified in the last preceding regulation is specified to be a compound in relation to which section 4A of the Act applies.

PHOSPHATE FERTILIZERS SUBSIDY REGULATIONS - REG 2C
Substances containing trace elements

2C. (1) In this regulation, "chemical compound of a trace element" means a chemical compound of a trace element specified in regulation 2A of these Regulations.

(2) Zinc dross containing not less than seventy parts per centum by weight of zinc is specified to be a substance in relation to which section 4A of the Act applies.

(3) A substance, other than a chemical compound of a trace element, containing not less than six parts per centum by weight of molybdenum is specified to be a substance in relation to which section 4A of the Act applies.

(4) A substance, other than a chemical compound of a trace element or a substance specified in either of the last two preceding sub-regulations, containing not less than forty parts per centum by weight of a chemical compound of a trace element or of two or more chemical compounds of trace elements is specified to be a substance in relation to which section 4A of the Act applies.

PHOSPHATE FERTILIZERS SUBSIDY REGULATIONS - REG 3
Authorized agents

3. (1) A producer or importer may appoint a person to be his authorized agent for the purposes of executing on his behalf a notice, declaration, certificate or document that the producer or importer is required to execute by, or for the purposes of, the Act or these Regulations and the authorized agent may execute, on behalf of the producer or importer, such a notice, declaration, certificate or document.

(2) Where a notice, declaration, certificate or document referred to in the last preceding sub-regulation has been executed by an authorized agent of a producer or importer, the producer or importer is subject to the same liabilities and penalties as if he had executed that notice, declaration, certificate or document.

(3) The appointment of an authorized agent shall-
(a) be in accordance with Form 1; and
(b) be lodged with a Collector.

PHOSPHATE FERTILIZERS SUBSIDY REGULATIONS - REG 4
Authorization under section 6 of the Act

4. An authorization under section 6 of the Act shall-
(a) be in accordance with Form 2; and
(b) be lodged with a Collector.

PHOSPHATE FERTILIZERS SUBSIDY REGULATIONS - REG 5
Applications for subsidy

5. (1) An application for subsidy in respect of subsidized goods shall-
(a) be made in writing;
(b) be lodged with a Collector; and
(c) be accompanied by a declaration by the producer or importer.

(2) An application referred to in the last preceding sub-regulation shall be lodged-
(b) where the application is made in respect of subsidized goods sold or used during a week, fortnight or month commencing after the thirty-first day of December, 1963-within one month after the end of the period in respect of which the claim is made; or
(c) where the application is made in respect of subsidized goods sold or used during a period referred to in paragraph (b)-within such time additional to that prescribed as the Collector in a particular case may allow.

(3) A person shall not make a statement in an application referred to in sub-regulation (1) of this regulation that is false or misleading in any material particular.

Penalty: $100.

(4) An application referred to in the sub-regulation (1) of this regulation shall set out-
(a) the name and address of the applicant for subsidy;
(b) in relation to subsidized goods produced in Australia-
(i) the address of the premises at which they were produced; and
(ii) whether those premises were, or were deemed to be, registered premises at the time the goods were produced;
(ba) in relation to subsidized goods imported into Australia-the date on which, and the name of the port at which, they were so imported;
(c) the period in respect of which the claim for subsidy is made;
(d) in relation to subsidized goods-
(i) sold by the producer or importer for use; or
(ii) used by the importer,
in Australia as a fertilizer-
(iii) a description of the nature of the goods;
(iv) their mass in tonnes;
(v) their available phosphorus content;
(vi) the date on which they were so sold or used;
(vii) the rate at which subsidy is claimed; and
(viii) the amount of subsidy claimed;
(e) in relation to subsidized goods-
(i) used by the producer; or
(ii) being phosphatic substances, used by the importer,
in the production of a fertilizer mixture for use in Australia-
(iii) a description of the nature of the goods;
(iv) their available phosphorus content;
(v) the date on which they were so used;
(vi) the mass of that mixture in tonnes;
(vii) the percentage of subsidized goods in that mixture;
(viii) the rate at which subsidy is claimed; and
(ix) the amount of subsidy claimed;
(g) if such is the case, that the whole of the subsidized goods the subject of the claim were of good and merchantable quality;
(h) if such is the case, that nothing has been done or omitted to be done by the applicant and to the best of his knowledge and belief nothing has been done or omitted to be done by any other person whereby the right of the producer or importer to subsidy has been forfeited or taken away;
(i) if such is the case, that to the best of the knowledge and belief of the applicant no other application for subsidy has been made, no subsidy has been paid and no advance under section 12 of the Act has been made, in respect of the subsidized goods; and
(j) whether the price charged by the importer or the producer to a purchaser in respect of the sale of the goods in respect of which the application for subsidy is made is such as to pass on to the purchaser the full benefit of that subsidy.

(5) The declaration referred to in sub-regulation (1) of this regulation-
(a) shall contain a statement by the applicant that the particulars set out in the application for subsidy are true and correct in every material particular; and
(b) shall be signed by the applicant in the presence of a witness whose address and occupation shall be stated by the applicant.

PHOSPHATE FERTILIZERS SUBSIDY REGULATIONS - SCHEDULE 1

SCH

SCHEDULE

FORM 1
Regulation 3
COMMONWEALTH OF AUSTRALIA
Phosphate Fertilizers Subsidy Act 1963
APPOINTMENT OF AUTHORIZED AGENT
To the Collector of Customs for the State of
I, (a) , hereby appoint
(b)
a specimen of whose signature appears hereunder, to be my authorized agent for
the purposes of the Phosphate Fertilizers Subsidy Act 1963 and the
regulations made thereunder.

Dated at the day of
, 19 .
(c)
(d)
(e)
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(a) Insert name and address of producer or importer.

(b) Insert name, address and occupation of agent.

(c) Signature of producer or importer.

(d) Signature and address of witness.

(e) Signature of agent.

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FORM 2
Regulation 4
COMMONWEALTH OF AUSTRALIA
Phosphate Fertilizers Subsidy Act 1963
AUTHORITY TO RECEIVE SUBSIDY
To the Collector of Customs for the State of
I, (a) , hereby authorize
(b) , a specimen of whose signature appears hereunder
to receive on my behalf, subject to the provisions of the Phosphate
Fertilizers Subsidy Act 1963 and the regulations made thereunder, all
subsidy and advances on account of subsidy payable to me under that Act.

Dated at the day of
, 19 .
(c)
(d)
(e)
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(a) Insert name and address of producer or importer.

(b) Insert name, address and occupation of person authorized.

(c) Signature of producer or importer.

(d) Signature and address of witness.

(e) Signature of person authorized.
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