{"id":"a-1904-33","name":"Fertilisers (Labelling and Sale) Act 1904","slug":"fertilisers-labelling-and-sale-act-1904","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"33 of 1904","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23574,"registerId":"act-a-1904-33-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fertilisers (Labelling and Sale) Act 1904","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFertilisers (Labelling and Sale) Act 1904\nA1904-33\nRepublication No 6\nEffective: 11 June 2020\nRepublication date: 11 June 2020\nLast amendment made by A2020-22\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Fertilisers (Labelling and Sale) Act 1904 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 11 June 2020.\nIt also includes any commencement, amendment, repeal or expiry affecting this republished law\nto 11 June 2020.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR6\n11/06/20\nFertilisers (Labelling and Sale) Act 1904\nEffective: 11/06/20\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFertilisers (Labelling and Sale) Act 1904\nContents\nPage\n1 Name of Act 2\n1A Dictionary 2\n1B Notes 2\n3 Vendor to give statement 3\n4 Approved forms 4\n4A Code of practice 4\n5 Regulation-making power 4\nDictionary 5\nEndnotes\n1 About the endnotes 6\n\nContents\nPage\ncontents 2 Fertilisers (Labelling and Sale) Act 1904\nEffective: 11/06/20\nR6\n11/06/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2 Abbreviation key 6\n3 Legislation history 7\n4 Amendment history 9\n5 Earlier republications 10\n\nR6\n11/06/20\nFertilisers (Labelling and Sale) Act 1904\nEffective: 11/06/20\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFertilisers (Labelling and Sale) Act 1904\nAn Act to regulate the sale and prevent the adulteration of fertilisers\n\nSection 1\npage 2 Fertilisers (Labelling and Sale) Act 1904\nEffective: 11/06/20\nR6\n11/06/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Fertilisers (Labelling and Sale) Act 1904.\n1A Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct.\nNote 2 A definition in the dictionary applies to the entire Act unless the\ndefinition, or another provision of the Act, provides otherwise or the\ncontrary intention otherwise appears (see Legislation Act, s 155 and s 156\n(1)).\n1B Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.\n\nSection 3\nR6\n11/06/20\nFertilisers (Labelling and Sale) Act 1904\nEffective: 11/06/20\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Vendor to give statement\n(1) A vendor of fertiliser must, on or before its delivery, give the\npurchaser a statement about the nature and quantities of the chemical\nconstituents of the fertiliser.\nMaximum penalty: 5 penalty units.\nNote If a form is approved under s 4 (Approved forms) for a statement, the\nform must be used.\n(2) A vendor of fertiliser must not give the purchaser an incorrect or false\nstatement.\nMaximum penalty: 5 penalty units.\n(3) In proceedings for an offence against this section —\n(a) evidence that a bag, barrel or other package containing fertiliser\nwas branded with a statement of a kind referred to in that\nsubsection is prima facie evidence that the statement relates to\nthe contents of the bag, barrel or other package; and\n(b) evidence that a statement of a kind referred to in subsection (1)\nwas delivered to a purchaser of a bag, barrel or other package\ncontaining fertiliser and that the statement and the bag, barrel or\nother package containing fertiliser were each marked with the\nsame name, letter or other mark is prima facie evidence that the\nstatement relates to the contents of the bag, barrel, or other\npackage.\n(4) A vendor does not commit an offence under subsection (2) if the\nstatement provided to the purchaser substantially complies with the\ncode of practice approved under section 4A.\n\nSection 4\npage 4 Fertilisers (Labelling and Sale) Act 1904\nEffective: 11/06/20\nR6\n11/06/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Approved forms\n(1) The Minister may, in writing, approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for that purpose.\nNote For other provisions about forms, see Legislation Act 2001, s 255.\n(3) An approved form is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act 2001.\n4A Code of practice\n(1) The Minister may approve a code of practice relating to fertiliser\nlabelling for this Act.\n(2) An approval is a disallowable instrument.\nNote A disallowable instrument must be notified, and presented to the\nLegislative Assembly, under the Legislation Act.\n5 Regulation-making power\nThe Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act 2001.\n\nDictionary\nR6\n11/06/20\nFertilisers (Labelling and Sale) Act 1904\nEffective: 11/06/20\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 1A)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• Executive\n• Minister (see s 162)\n• penalty unit (see s 133).\n\nEndnotes\n1 About the endnotes\npage 6 Fertilisers (Labelling and Sale) Act 1904\nEffective: 11/06/20\nR6\n11/06/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR6\n11/06/20\nFertilisers (Labelling and Sale) Act 1904\nEffective: 11/06/20\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThe Fertilisers (Labelling and Sale) Act 1904 was originally a NSW Act—the\nFertilisers Act 1904 No 33 (NSW). It was renamed by the Statute Law Amendment\nAct 2009 (No 2) A2009-49 (see amdt 3.66).\nThe Act was in force in NSW immediately before 1 January 1911 (the date of\nestablishment of the ACT) and was continued in force by the Seat of Government\nAcceptance Act 1909 (Cwlth), s 6.\nUnder the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had\neffect in the ACT as if it were an ACT law (subject to ordinances made under the\nSeat of Government (Administration) Act 1910 (Cwlth)).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former NSW laws in force in the ACT into ACT enactments. This\nallowed the ACT Legislative Assembly to amend and repeal the laws. This Act was\nconverted into an ACT enactment on 11 May 1989 (self-government day).\nUnder the Interpretation Act 1967 (repealed), s 65 all former NSW Acts in force in\nthe ACT immediately before 10 November 1999 (including this Act) became, for\nall purposes, laws made by the ACT Legislative Assembly. This completed the\nprocess of making former NSW Acts fully into ACT laws.\nNSW legislation\nFertilisers (Labelling and Sale) Act 1904 A1904-33\nassented to 29 December 1904\ncommenced 1 March 1905 (s 1)\nas amended by\nCommonwealth legislation\nNew South Wales Acts Application Ordinance 1984 Ord1984-41 sch 2\npt 13\nassented to 10 August 1984\ncommenced 10 August 1984\nSelf-Government (Consequential Amendments) Ordinance 1989\nOrd1989-38 sch 1\nnotified 10 May 1989 (Cwlth Gaz 1989 No S160)\ns 1, s 2 commenced 10 May 1989 (s 2 (1))\nsch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989\nNo S164)\n\nEndnotes\n3 Legislation history\npage 8 Fertilisers (Labelling and Sale) Act 1904\nEffective: 11/06/20\nR6\n11/06/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation after becoming Territory enactment\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 142\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 142 commenced 12 September 2001 (s 2 and see Gaz 2001 No\nS65)\nStatute Law Amendment Act 2001 (No 2) A2001-56 pt 3.19\nnotified 5 September 2001 (Gaz 2001 No S65)\ncommenced 5 September 2001 (s 2 (1))\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.44\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.44 commenced 12 April 2007 (s 2 (1))\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.28\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.28 commenced 17 December 2009 (s 2)\nPlanning and Environment Legislation Amendment Act 2020\nA2020-22 pt 4\nnotified LR 10 June 2020\ns 1, s 2 commenced 10 June 2020 (LA s 75 (1))\npt 4 commenced 11 June 2020 (s 2)\n\nEndnotes\nAmendment history 4\nR6\n11/06/20\nFertilisers (Labelling and Sale) Act 1904\nEffective: 11/06/20\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nThe New South Wales Acts Application Act 1984, sch 2, pt 13 set out the text of this\nAct in an amended form and provided for the amended form to apply as the text of\nthe Act in force in the ACT. This endnote, therefore, only details amendments\nmade after the enactment of the 1984 Act.\nName of Act\ns 1 sub A2001-56 amdt 3.253; A2009-49 amdt 3.66\nDictionary\ns 1A ins A2007-3 amdt 3.241\nam A2020-22 s 8\nNotes\ns 1B ins A2007-3 amdt 3.241\nMeaning of fertiliser\ns 2 om A2020-22 s 9\ndef fertiliser sub A2001-56 amdt 3.254\nom A2020-22 s 9\ndef prescribed om A2001-44 amdt 1.1620\nVendor to give statement\ns 3 am A1998-54 sch; A2001-44 amdt 1.1621, amdt 1.1622;\nA2020-22 s 10\nApproved forms\ns 4 am Ord1989-38 sch 1\nsub A2001-44 amdt 1.1623\n(4)-(7) exp 12 September 2002 (s 4 (7))\nCode of practice\ns 4A ins A2020-22 s 11\nRegulation-making power\ns 5 ins A2001-44 amdt 1.1623\nSchedule\nsch om A2001-44 amdt 1.1624\nDictionary\ndict ins A2007-3 amdt 3.242\ndef fertiliser ins A2007-3 amdt 3.242\nom A2020-22 s 12\n\nEndnotes\n5 Earlier republications\npage 10 Fertilisers (Labelling and Sale) Act 1904\nEffective: 11/06/20\nR6\n11/06/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 Ord1989-38 31 August 1992\n2 A2001-56 16 July 2002\n3 A2001-56 13 September 2002\n4 A2007-3 12 April 2007\n5 A2009-49 17 December 2009\n© Australian Capital Territory 2020","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally a prescriptive 1904 NSW Act regulating sale and adulteration, the Act has been converted to ACT law and amended so that core technical requirements are now largely set by delegated instruments. The Minister can approve mandatory forms and a code of practice (ss4, 4A) and the Executive can make regulations (s5). Amendment history shows removal/alteration of earlier definitions and the omission of the original schedule (see amendment history and endnotes), shifting scope from fixed statutory definitions to framework regulation by instruments."},"complexity_factors":["Short primary statute but heavy reliance on delegated instruments (approved forms, code of practice, regulations) to set technical detail (ss4, 4A, s5).","Evidentiary presumptions in s3(3) (prima facie links between markings and contents) affect enforcement and burden of proof.","Cross‑references to other Acts for definitions and penalty‑unit values (Legislation Act and endnotes) require consulting external material.","Amendment history and removal/alteration of original definitions (see endnotes and amendment history) means scope depends on later instruments and historical context.","Low monetary penalties (5 penalty units) interact with penalty‑unit valuation rules, affecting enforcement incentives."],"plain_english_summary":"Requires vendors to give purchasers, on or before delivery, a written statement of the nature and quantities of a fertiliser’s chemical constituents and makes it an offence to give an incorrect statement (s3). The Minister may approve mandatory forms and a code of practice for labelling (ss4, 4A) and the Executive may make regulations (s5), so technical requirements are set by delegated instruments. Vendors face fines for non‑compliance; decision‑making and detailed obligations are exercised by the Minister/Executive and implemented by vendors."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":true,"description":"The legislation has actually narrowed in scope over time. Originally enacted in 1904 as the Fertilisers Act (NSW), it was renamed in 2009 to focus specifically on 'Labelling and Sale'. The 2020 amendments removed the definition of 'fertiliser' entirely (previously defined as 'any substance used as a fertiliser'), potentially broadening what falls under the Act while simultaneously removing prescriptive requirements. The addition of section 4A (Code of practice) in 2020 shifted from rigid prescription to co-regulatory approach, allowing industry standards to supplement the basic labelling requirements."},"complexity_factors":["Only 5 operative sections (excluding definitions and endnotes)","No defined terms in the dictionary (the definition of 'fertiliser' was removed in 2020)","Minimal cross-referencing - only references to the Legislation Act 2001 for standard machinery provisions","Simple offence structure with flat penalties (5 penalty units)","Single exception/defence in section 3(4) regarding substantial compliance with code of practice","No conditional logic or nested exceptions","Total length is approximately 3 pages of substantive content"],"plain_english_summary":"This law makes sure that when you buy fertiliser in the ACT, you know exactly what you're getting. It requires anyone selling fertiliser to give the buyer a written statement explaining what chemicals are in it and how much. The seller can't lie about this information. If they do, they face fines (up to 5 penalty units, which is $800 for an individual or $4,050 for a company). The Minister can approve official forms for these statements and create a code of practice for how fertiliser should be labelled. There's also a rule that if a bag or container is marked with a statement, the law assumes that statement is about what's inside unless proven otherwise. The law has been around since 1904 (originally a NSW law) and was most recently updated in 2020 to add the code of practice option."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/fertilisers-labelling-and-sale-act-1904","history":"/api/acts/fertilisers-labelling-and-sale-act-1904/history","analysis":"/api/acts/fertilisers-labelling-and-sale-act-1904/analysis","conflicts":"/api/acts/fertilisers-labelling-and-sale-act-1904/conflicts","importantCases":"/api/acts/fertilisers-labelling-and-sale-act-1904/important-cases","documents":"/api/acts/fertilisers-labelling-and-sale-act-1904/documents"}}