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Australian Capital Territory
Fertilisers (Labelling and Sale) Act 1904
A1904-33
Republication No 6
Effective: 11 June 2020
Republication date: 11 June 2020
Last amendment made by A2020-22
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Fertilisers (Labelling and Sale) Act 1904 (including any amendment
made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 11 June 2020.
It also includes any commencement, amendment, repeal or expiry affecting this republished law
to 11 June 2020.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Fertilisers (Labelling and Sale) Act 1904
Contents
Page
1 Name of Act 2
1A Dictionary 2
1B Notes 2
3 Vendor to give statement 3
4 Approved forms 4
4A Code of practice 4
5 Regulation-making power 4
Dictionary 5
Endnotes
1 About the endnotes 6
Contents
Page
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2 Abbreviation key 6
3 Legislation history 7
4 Amendment history 9
5 Earlier republications 10
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Australian Capital Territory
Fertilisers (Labelling and Sale) Act 1904
An Act to regulate the sale and prevent the adulteration of fertilisers
Section 1
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1 Name of Act
This Act is the Fertilisers (Labelling and Sale) Act 1904.
1A Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and s 156
(1)).
1B Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.
Section 3
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3 Vendor to give statement
(1) A vendor of fertiliser must, on or before its delivery, give the
purchaser a statement about the nature and quantities of the chemical
constituents of the fertiliser.
Maximum penalty: 5 penalty units.
Note If a form is approved under s 4 (Approved forms) for a statement, the
form must be used.
(2) A vendor of fertiliser must not give the purchaser an incorrect or false
statement.
Maximum penalty: 5 penalty units.
(3) In proceedings for an offence against this section —
(a) evidence that a bag, barrel or other package containing fertiliser
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 fertiliser and that the statement and the bag, barrel or
other package containing fertiliser 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) A vendor does not commit an offence under subsection (2) if the
statement provided to the purchaser substantially complies with the
code of practice approved under section 4A.
Section 4
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4 Approved forms
(1) The Minister may, in writing, approve forms for this Act.
(2) If the Minister approves a form for a particular purpose, the approved
form must be used for that purpose.
Note For other provisions about forms, see Legislation Act 2001, s 255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001.
4A Code of practice
(1) The Minister may approve a code of practice relating to fertiliser
labelling for this Act.
(2) An approval is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the
Legislative Assembly, under the Legislation Act.
5 Regulation-making power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative Assembly,
under the Legislation Act 2001.
Dictionary
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Dictionary
(see s 1A)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• Executive
• Minister (see s 162)
• penalty unit (see s 133).
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
The Fertilisers (Labelling and Sale) Act 1904 was originally a NSW Act—the
Fertilisers Act 1904 No 33 (NSW). It was renamed by the Statute Law Amendment
Act 2009 (No 2) A2009-49 (see amdt 3.66).
The Act was in force in NSW immediately before 1 January 1911 (the date of
establishment of the ACT) and was continued in force by the Seat of Government
Acceptance Act 1909 (Cwlth), s 6.
Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had
effect in the ACT as if it were an ACT law (subject to ordinances made under the
Seat of Government (Administration) Act 1910 (Cwlth)).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)
converted most former NSW laws in force in the ACT into ACT enactments. This
allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was
converted into an ACT enactment on 11 May 1989 (self-government day).
Under the Interpretation Act 1967 (repealed), s 65 all former NSW Acts in force in
the ACT immediately before 10 November 1999 (including this Act) became, for
all purposes, laws made by the ACT Legislative Assembly. This completed the
process of making former NSW Acts fully into ACT laws.
NSW legislation
Fertilisers (Labelling and Sale) Act 1904 A1904-33
assented to 29 December 1904
commenced 1 March 1905 (s 1)
as amended by
Commonwealth legislation
New South Wales Acts Application Ordinance 1984 Ord1984-41 sch 2
pt 13
assented to 10 August 1984
commenced 10 August 1984
Self-Government (Consequential Amendments) Ordinance 1989
Ord1989-38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989
No S164)
Endnotes
3 Legislation history
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Legislation after becoming Territory enactment
Statute Law Revision (Penalties) Act 1998 A1998-54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 142
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 142 commenced 12 September 2001 (s 2 and see Gaz 2001 No
S65)
Statute Law Amendment Act 2001 (No 2) A2001-56 pt 3.19
notified 5 September 2001 (Gaz 2001 No S65)
commenced 5 September 2001 (s 2 (1))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.44
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.44 commenced 12 April 2007 (s 2 (1))
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.28
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.28 commenced 17 December 2009 (s 2)
Planning and Environment Legislation Amendment Act 2020
A2020-22 pt 4
notified LR 10 June 2020
s 1, s 2 commenced 10 June 2020 (LA s 75 (1))
pt 4 commenced 11 June 2020 (s 2)
Endnotes
Amendment history 4
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4 Amendment history
The New South Wales Acts Application Act 1984, sch 2, pt 13 set out the text of this
Act in an amended form and provided for the amended form to apply as the text of
the Act in force in the ACT. This endnote, therefore, only details amendments
made after the enactment of the 1984 Act.
Name of Act
s 1 sub A2001-56 amdt 3.253; A2009-49 amdt 3.66
Dictionary
s 1A ins A2007-3 amdt 3.241
am A2020-22 s 8
Notes
s 1B ins A2007-3 amdt 3.241
Meaning of fertiliser
s 2 om A2020-22 s 9
def fertiliser sub A2001-56 amdt 3.254
om A2020-22 s 9
def prescribed om A2001-44 amdt 1.1620
Vendor to give statement
s 3 am A1998-54 sch; A2001-44 amdt 1.1621, amdt 1.1622;
A2020-22 s 10
Approved forms
s 4 am Ord1989-38 sch 1
sub A2001-44 amdt 1.1623
(4)-(7) exp 12 September 2002 (s 4 (7))
Code of practice
s 4A ins A2020-22 s 11
Regulation-making power
s 5 ins A2001-44 amdt 1.1623
Schedule
sch om A2001-44 amdt 1.1624
Dictionary
dict ins A2007-3 amdt 3.242
def fertiliser ins A2007-3 amdt 3.242
om A2020-22 s 12