Fertilisers (Labelling and Sale) Act 1904

This Act is the Fertilisers (Labelling and Sale) Act 1904.

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)).

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.

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.

A vendor of fertiliser must not give the purchaser an incorrect or false statement.

Maximum penalty: 5 penalty units.

In proceedings for an offence against this section —

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

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.

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.

The Minister may, in writing, approve forms for this Act.

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.

An approved form is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act 2001.

The Minister may approve a code of practice relating to fertiliser labelling for this Act.

An approval is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

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

(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).