Western Australia
Reprint 1: The Act as at 2 May 2003
What the reprint includes
Endnotes, Compilation table
1.Details about the original Act and legislation that has amended its text are shown in the Compilation table
2.Validation, transitional, savings, or other provisions identified in the Compilation table
3.A table
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a section that was inserted, or has been amended, since the Act being reprinted was passed, editorial notes at the foot of the section give some history of how the section came to be as it is. If the section replaced an earlier section, no history of the earlier section is given (the full history of the Act is in the Compilation table
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the Act is reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Reprinted under the Reprints Act 1984 as |
at 2 May 2003 |
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Western Australia
CONTENTS
Part I — Introductory
1.Citation2
2.Commencement2
5.Interpretation2
Part II — Application
6.Application5
7.Exemptions by Order5
8.Prohibitions5
9.Effect of other laws6
Part III — Administration
10.Administration7
12.Inspectors7
Part V — Sales, labelling and warranties
20.Sale of Prohibited fertilizers and substances8
21.Sale of sub‑standard fertilizer8
24.Labelling8
25.Use of secondhand containers9
26.Warranties9
Part VI — Miscellaneous
27.Power of inspector to enter premises, etc.11
28.Powers of sampling12
29.Tampering with samples or fertilizer12
30.Analysts13
31.Limits of variation13
32.Offence as to sample deemed offence as to whole lot14
33.Publication of analysis15
34.Saving of other rights and remedies15
35.Right of buyer to refuse delivery16
36.Obstruction16
37.Protection of officers16
38.Provisions relating to proceedings16
39.Costs of analysis17
40.Vicarious liability17
41.Recovery of penalty and costs18
42.Certificate of chief executive officer to be evidence19
43.Penalty19
44.Regulations19
Notes
Compilation table22
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Reprinted under the Reprints Act 1984 as |
at 2 May 2003 |
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Western Australia
An Act to control and regulate the production, marketing and sale of fertiliz
Part I — Introductory
This Act may be cited as the Fertiliz
The provisions of this Act
[3.Omitted under the Reprints Act 1984 s. 7(4)(e) and (f).]
[4.Repealed by No. 10 of 1998 s. 7
In this Act unless the contrary intention appears —
“advertisement” in relation to any fertiliz
“analysis” means an examination, or any other test or determination relative to standard, of the quality or composition or of any other particular with respect to any fertiliz
“analyst” means a person appointed as an analyst under the provisions of section 30;
“container” includes any package, sack, bag, barrel, case, basket, wrapper, bottle, can, drum or receptacle of any kind including a bulk container, railway truck or motor truck or any means of bulk transport, in or by means of which fertiliz
“fertiliz
“inspector” means a person appointed as an inspector under section 12;
“label” includes any tag, brand, stamp, mark or statement in writing however effected, affixed to or upon or inserted in or used or intended for use in connection with any container or packaging of any fertiliz
“section” means a section of this Act
“sell”, without limiting the scope of the primary meaning, includes —
(a)placing on the market for sale;
(b)bargaining, barter or exchange;
(c)supply and use of any fertiliz
(d)offering, exposing, receiving, supplying or possessing for the purposes of sale;
(e)delivery for sale or on sale with or without consideration;
(f)wholesale, bulk and retail trading;
(g)disposal or offer for disposal under hire purchase or credit sale terms;
(h)dealing in or agreeing to sell;
(i)the supply of a substance as a sample for the purpose of inducing any person to purchase the fertiliz
(j)causing, suffering, permitting, or attempting to sell;
“seller” includes any person acting or representing himself
“specified ingredient” means boron, calcium, cobalt, copper, iron, magnesium, manganese, molybdenum, nitrogen, phosphorus, potassium, selenium, sulphur, zinc and any substance prescribed to be a specified ingredient;
“substance” includes a liquid or gas, and any compound or mixture.
[Section 5 amended by No. 9 of 1998 s. 12.]
Part II — Application
(1)Subject to subsection (2) and to any Order in Council made pursuant to section 7, this Act applies to all fertiliz
(2)This Act does not apply to the sale of a fertiliz
The Governor may by Order in Council declare that this Act, or any provision of this Act
The Governor may make regulations to prohibit the sale of any fertiliz
(a)absolutely; or
(b)except upon and subject to specified conditions, restrictions and limitations,
as the Governor considers desirable in the public interest which may be imposed without limitation as to time or for a specified period of time.
The provisions of this Act
Part III — Administration
Subject to the Minister and to the provisions of this Act
[Section 10 amended by No. 9 of 1998 s. 13.]
[11.Repealed by No. 9 of 1998 s. 1
(1)The chief executive officer may designate officers of the department of the Public Service principally assisting the Minister with the administration of this Act
(2)The chief executive officer shall furnish each inspector with a certificate of appointment in the prescribed form and the holder shall produce the certificate whenever required so to do by a person in respect of whom he
(3)Production of a certificate in the prescribed form is conclusive proof in any court of the appointment of the person to whom that certificate relates and of his
[Section 12 amended by No. 9 of 1998 s.
[Part IV repealed by No. 9 of 1998 s. 1
Part V — Sales, labelling and warranties
[19.Repealed by No. 9 of 1998 s. 1
20.Sale of prohibited fertiliz
A person who sells —
(b)any substance,
the sale of which is prohibited, or prohibited in relation to the conditions under which the sale took place, commits an offence against this Act.
21.Sale of sub‑standard fertiliz
(1)In this section —
“sub‑standard fertiliz
(a)that does not comply with a grade or standard prescribed for that fertiliz
(b)that contains an ingredient that does not comply with a grade or standard prescribed for that ingredient.
(2)A person who sells a sub‑standard fertiliz
[Section 21 inserted by No. 9 of 1998 s. 11.]
[22, 23.Repealed by No. 9 of 1998 s. 1
(1)Subject to this Act, a person who sells or offers to sell a fertiliz
(2)The provisions of subsection (1) do not apply —
(a)to sales of small quantities (that is to say, sales in quantities of such amount as is prescribed in relation to that fertiliz
(b)to the sale of fertiliz
25.Use of secondhand containers
(1)Where a container has been used for the purpose of holding or containing a fertiliz
(a)it has been wholly emptied before being so used;
(b)any marking relating to its previous use has been so dealt with as to make it clear that that marking is no longer applicable; and
(c)in relation to its current use that container is marked and labelled in accordance with this Act.
(2)Subsection (1)
(1)Notwithstanding any agreement or notice to the contrary, a statement in any advertisement for, label on, or invoice for the sale of, any fertiliz
(2)Where a fertiliz
[Section 26 amended by No. 9 of 1998 s. 12.]
Part VI — Miscellaneous
27.Power of inspector to enter premises, etc.
(1)Where an inspector has reasonable grounds for believing that any land or any premises, tent, caravan or other erection on land is used for or in connection with the production, importation, treatment, storage, preparation for sale, marketing or sale of a fertiliz
(2)In the exercise of his
(3)The occupier of any land or premises, tent, caravan or other erection and any person in charge of or apparently in charge therein shall furnish to an inspector all reasonable assistance and such information that he
(4)Where it is shown to the satisfaction of a justice that admission to the land or premises, tent, caravan or other erection has been refused following a request by an inspector for entry thereto, or that the premises are unoccupied, the justice may, by warrant under his
(5)An inspector may at any time stop, search and inspect any vehicle, vessel, aircraft or train in order to ascertain if he
(6)A person who, being in charge of a vehicle or vessel, fails to stop the vehicle or vessel when so required by a person who makes himself
(1)An inspector who has reasonable grounds for believing that any substance is, or that any package contains a substance that is, a fertiliz
(2)Any sample taken under the provisions of subsection (1)
(3)The inspector removing the sample shall give to the person in charge of that substance, or of the place where it was located (if that person is known to him
(4)The method of taking and treatment of a sample under the provisions of this section
[Section 28 amended by No. 9 of 1998 s. 12.]
29.Tampering with samples or fertiliz
A person who —
(a)tampers or interferes with any sample or part of a sample taken or delivered under the provisions of this Act
(b)tampers or interferes with any fertiliz
commits an offence.
(1)The Minister may appoint qualified persons as analysts for the purposes of this Act
(2)A certificate of analysis of a fertiliz
(3)Subject to subsection (4) in any proceedings under this Act the production of a certificate referred to in subsection (2) shall without proof of the signature of the person appearing to have signed the certificate or that he
(a)of the identity of the thing analysed;
(b)of the result of the analysis;
(c)of the matter stated in the certificate; and
(d)of the fact that the prescribed method for carrying out the analysis has been followed by the analyst in making the analysis.
(4)Subsection (3) does not apply in relation to any proceedings under this Act if the defendant in those proceedings by written notice served on the prosecutor and the analyst who signed the certificate of analysis to be used in those proceedings not less than 3
(1)Subject to subsection (2), where on an analysis of one sample of a fertiliz
(a)a specified or other ingredient;
(b)the neutralizing value; or
(c)the percentage of fine material,
of that fertiliz
(2)Where the specified or other ingredient set out in any prescribed standard for a fertiliz
(3)Where phosphorus is an ingredient, the phosphorus shall comply with any requirement of the regulations as to the kind and proportion of compounds allowable in relation to that fertiliz
[Section 31 amended by No. 9 of 1998 s. 12.]
32.Offence as to sample deemed offence as to whole lot
When in any proceedings with respect to an offence against this Act a contravention of this Act
(1)Where a sample of a fertiliz
(2)A publication of the result of an analysis pursuant to subsection (1) may include —
(a)the name and address of the person from whom the sample was taken or of the person in occupation or apparent occupation of the premises at which the sample was taken;
[(b)deleted]
(c)the explanations and comments of the analyst in relation to the result of the analysis; and
(d)a statement of the result of the analysis,
and no action lies in respect of that publication.
[(3)repealed]
(4)Any proprietor or manager of a newspaper or public print may republish any report which has been published by the Registrar in accordance with the provisions of subsection (1), and no action shall lie against such proprietor or manager in respect of the republication.
[Section 33 amended by No. 9 of 1998 s.
34.Saving of other rights and remedies
Except as is expressly provided in this Act, nothing in this Act shall have the effect of limiting, restricting or otherwise affecting any right or remedy a person would have had had this Act not been enacted.
35.Right of buyer to refuse delivery
A person is not bound to accept delivery on sale of any fertiliz
(1)A person who wilfully obstructs any person acting in the execution of this Act
(2)A person who fails to give to any person acting in the execution of this Act
No act, matter or thing done or omitted to be done in good faith by the Minister, or by the chief executive officer, or by any inspector or analyst, in the execution or intended execution of this Act
[Section 37 amended by No. 9 of 1998 s.
38.Provisions relating to proceedings
(1)Notwithstanding anything in the Justices Act 1902, where a sample of a fertiliz
(2)In any proceedings for an offence relating to a fertiliz
(a)the summons shall not be made returnable less than 14
(b)a copy of any certificate of analysis obtained on behalf of the prosecutor, and, where the complaint is laid after a period of 6 months commencing from the date of the taking of the sample, a copy of the certificate given pursuant to subsection (1), shall be served with the summons.
In any proceedings under this Act —
(a)where evidence is given of an analysis made for the purposes of this Act
(b)the production of a certificate signed or purporting to be signed by an analyst that the costs set out in the certificate (including any charges and expenses) have been incurred in relation to the obtaining of the analysis under this Act shall be prima facie
(1)Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer, of the body corporate, or any person who was purporting to act in any such capacity, he
(2)For the purposes of this Act
41.Recovery of penalty and costs
Where in any proceedings for an offence under this Act the court records a finding to the effect that the defendant has satisfied the court that —
(a)being an agent or a servant, he
(b)being a principal or employer, he
and whether or not any other person has been convicted or punished in relation to the same matter, the defendant may recover in any court of competent jurisdiction from any person directly responsible for that contravention of, or failure to comply with, those provisions, the amount of any pecuniary penalty imposed on his
42.Certificate of chief executive officer to be evidence
In any proceedings under this Act, a certificate purporting to be signed by the chief executive officer —
(a)that this Act applies in relation to any substance or thing; and
[(b), (c), (d) deleted]
(e)specifying any date or period in relation to any matter stated in the certificate,
is sufficient prima facie
[Section 42 amended by No. 9 of 1998 s.
A person who fails to comply with or who contravenes any of the provisions of this Act
[Section 43 amended by No. 20 of 1989 s. 3.]
(1)The Governor may make regulations in regard to any matter or for any purpose for which regulations are prescribed or contemplated by this Act and may make all such other regulations as may in his
(2)Without limiting the generality of the powers conferred by subsection (1), the Governor may make regulations for or with respect to —
[(a), (b), (c) deleted]
(d)the forms to be used for the purposes of this Act
[(e), (f) deleted]
(g)controlling all matters with respect to the nature, content and use of labels in relation to a specified fertiliz
(h)the investigation as to the efficacy of fertiliz
(i)the taking of samples by inspectors and purchasers;
(j)the conduct and methods of analysis;
(k)the definition of terms for the purposes of this Act
(l)any other purpose that the Governor deems necessary for safeguarding the public and the public interest in relation to fertiliz
(m)such transitional, incidental and supplementary provisions as the Governor deems necessary or expedient for the purpose of this Act
(3)Any regulations made under this Act may —
(a)be of general or limited application, according to time, place or circumstance;
(b)prescribe the charges that shall be made for any matter under this Act, the persons liable to pay the charges and the method of recovering amounts not duly paid;
(c)impose upon any person or class of person a discretionary authority;
(d)provide penalties not exceeding $2 000 for offences against the regulations, and daily penalties not exceeding $200 for every day that an offence continues after the offender is convicted.
(4)Regulations may be made under this section —
(a)so as to apply —
(i)generally or in a particular class of case or in particular classes of cases;
(ii)at all times or at a specified time or times; and
(iii)throughout the State or in a specified part or parts of the State;
(b)so as to require a matter affected by them to be —
(i)in accordance with a specified standard or specified requirement; or
(ii)as approved by, or to the satisfaction of, a specified person or body or a specified class of person or body.
(5)In subsection (4) “specified” means specified in the regulations.
[Section 44 amended by No. 20 of 1989 s. 3; No. 9 of 1998 s. 12.]
Notes
1This reprint is a compilation as at 2 May 2003 of the Fertilizers Act 1977
Short title |
Number and year |
Assent |
Commencement |
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11 of 1977 |
30 Sep 1977 |
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Agricultural Legislation (Penalties) Amendment Act 1989 s. 3 |
20 of 1989 |
1 Dec 1989 |
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Agricultural Legislation Amendment and Repeal Act 1998 Pt. 5 2 |
9 of 1998 |
30 Apr 1998 |
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Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 76 |
10 of 1998 |
30 Apr 1998 |
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Reprint 1: The Fertilizers Act 1977 as at 2 May 2003 (includes amendments listed above) |
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2The Agricultural Legislation Amendment and Repeal Act 1998
“
14.Refund of registration fees
(1)If immediately before the commencement of this Act
(2)The refund shall be calculated as follows:
where:
F=The fee paid for the registration.
P=The period (to the nearest whole month) beginning on the commencement of this Act
RP=The period for which the registration was valid or in force under section 17 of the principal Act (to the nearest whole month).
15.Transitional provision
On the commencement of this Act
”.
By Authority: JOHN A. STRIJK, Government Printer