AUSTRALIAN CAPITAL TERRITORY

fertilizers act 1904 
(new south Wales)
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 9 December 1998
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Interpretation
	3.	Vendor to furnish statement
	4.	Regulations
Schedule

An Act to regulate the sale and prevent the adulteration of fertilizers
1. 	Short title
	This Act may be cited as the Fertilizers Act 1904.1
2. 	Interpretation
	In this Act, unless the context otherwise indicates—
“Fertilizer” means any manure used or intended to be used as a fertilizer, not being stable manure, lime, refuse from fellmongeries, or other similar articles in their natural state.
“Prescribed” means prescribed by regulations made by the Minister in pursuance of this Act.

3. 	Vendor to furnish statement
(1) 	The vendor of any fertilizer shall, on or before the delivery of the fertilizer, furnish to the purchaser a statement as to the nature and quantities of the chemical constituents of such fertilizer in the form set out in the Schedule, or, if another form is prescribed, in the form so prescribed, and any person neglecting to so furnish such statement, or furnishing an incorrect or false statement, shall be deemed guilty of an offence against this Act, and shall be liable to a penalty not exceeding—
	(a)	if the offender is a natural person—5 penalty units; 
	(b)	if the offender is a body corporate—25 penalty units;
and in addition shall be liable to pay such costs and expenses as the court trying the offence may award.
 (2) 	The statement required by subsection (1) shall include—
	(a)	the name and address of the vendor;
	(b)	the proportions, per centum, of nitrogen, phosphoric acid and potash, respectively, that the fertilizer is certified to contain;
	(c)	if the fertilizer is certified to contain readily available phosphoric acid, the proportions, per centum, of water-soluble phosphoric acid or citrate-soluble phosphoric acid and a phosphoric acid of all kinds, respectively, that the fertilizer is certified to contain; and
	(d)	if the fertilizer contains leather, horn, hair or any other substance containing nitrogen in an inert form, a statement of that fact.
(3) 	In proceedings for an offence against subsection (1)—
	(a)	evidence that a bag, barrel or other package containing fertilizer was branded with a statement of a kind referred to in that subsection is prima facie evidence that the statement relates to the contents of the bag, barrel or other package; and
	(b)	evidence that a statement of a kind referred to in subsection (1) was delivered to a purchaser of a bag, barrel or other package containing fertilizer and that the statement and the bag, barrel or other package containing fertilizer were each marked with the same name, letter or other mark is prima facie evidence that the statement relates to the contents of the bag, barrel, or other package.
4. 	Regulations
	The Executive may make regulations for carrying out the purposes of this Act.

Schedule
Statement as to contents of package
I (or we)		of		trading as		hereby certify that the package marked		    [If attached to the package insert “this package contains,” &c.] contains (a)	   containing the following ingredients in the proportions of the whole set opposite thereto in the form hereunder:
Nitrogen, in the form of (b)	per centum.
Phosphoric acid (total) in the form of (c)	"
Water-soluble phosphoric acid	per centum.
Citrate-soluble phosphoric acid	"
Potash, in the form of (d)	"

	(a)	Here insert name or brand of fertilizer.
	(b)	Here insert organic nitrogen (if the fertilizer contains blood, bone, flesh, fish, &c.), or ammonium salts or nitrates.
	(c)	Here insert tricalcic phosphate, or superphosphate, or basic slag, &c.
	(d)	Here insert potassium sulphate, or potassium chloride, or kainit, &c.

NOTES
1.	The Fertilizers Act 1904 of the State of New South Wales (No. 33, 1904) as shown in this reprint was one of the laws in force in the Australian Capital Territory before 1 January 1911 and was therefore continued in force by the Seat of Government Acceptance Act 1909 of the Commonwealth.
	The text of the Fertilizers Act 1904 of the State of New South Wales in its application in the Territory as at 10 August 1984 comprises Part 13 of Schedule 2 to the New South Wales Acts Application Act 1984 (No. 41, 1984) as amended, for details of those amendments see (a).
	The Fertilizers Act 1904 of the State of New South Wales in its application in the Territory has been amended since 10 August 1984 as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office. 
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	
Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

(Reprinted as at 31 August 1992)	
Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)
	—	
 (a)	The Fertilizers Act 1904 of the State of New South Wales in its application in the Territory comprises the Fertilizers Act 1904 as amended by the New South Wales Acts Application Act 1984.  The amendments so made have been incorporated in the text of the Fertilizers Act 1904 in Part 13 of the Schedule to the lastmentioned Act.
	Subsection 3 (2) was inserted and the Schedule was added by the New South Wales Acts Application Act 1984.

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 3	am. Act No. 54, 1998
S. 4	am. No. 38, 1989