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Fertilisers Act 1985 No 5


NSW Crest

Status Information

Currency of version
Current version for 10 May 2011 to date (accessed 23 May 2013 at 15:52).
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical notes

Formerly known as:
Fertilizers Act 1985

Responsible Minister
Minister for Regional Infrastructure and Services jointly with the Minister for Primary Industries

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 10 May 2011.

Contents

Long title

Part 1 Preliminary

1 Name of Act
2 Commencement
3 Definitions
3A Definition of “fertiliser”
4 Act binds Crown
4A Object of this Act

Part 2

5–14(Repealed)

Part 3 Regulation of sales by dealers

Division 1 Soil improving agents

15 (Repealed)
16 Soil improving agents to be sold in marked parcels
17 Soil improving agents to conform to marked particulars
18 Soil improving agents to comply with composition standards
19 Substances not to be falsely represented as soil improving agents
20 (Repealed)

Division 2 Trace element products

21 Trace element products to be sold in marked parcels
22 Substances not to be falsely represented as trace element products
22A Trace element products to conform to marked particulars
22B Trace element products to comply with composition standards

Part 4 Inspectors

23 Appointment of inspectors
24 Identification certificates
25 Powers of inspectors in relation to premises
26 Inspectors may demand name and address
27 Obstruction of inspectors etc
28 Impersonation of inspectors etc
29–32 (Repealed)

Part 5 Supplementary

33 False or misleading information
34 Disclosure of information
35 Proceedings for offences
36 (Repealed)
37 Evidentiary certificates
38 Evidence of part to be evidence of whole
39 Defences
39A Delegation
40 Liability
41 Service of notices
42 Regulations
43 Repeals etc

Schedule 1 Repeals

Schedule 2 Savings and transitional provisions

Historical notes


NSW Crest

An Act to regulate the sale of fertilisers, liming materials and trace element products; to repeal the Fertilizers Act 1934; and for other purposes.

Part 1 Preliminary

1   Name of Act

This Act may be cited as the Fertilisers Act 1985.

2   Commencement

(1)  Sections 1 and 2 shall commence on the date of assent to this Act.
(2)  Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3   Definitions

(1)  In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

approved means approved for the time being by the Director-General.

certificate of identification means a certificate of identification referred to in section 24 (1).

dealer means a person who carries on the business of importing, manufacturing, selling or otherwise dealing in soil improving agents or trace element products, whether or not the person carries on any other business.

Department means the Department of Industry and Investment.

Deputy Director-General means a Deputy Director-General of the Department.

Director-General means the Director-General of the Department.

dolomite means an artificially prepared or naturally occurring mixture of carbonates, oxides or hydroxides of calcium and magnesium.

fertiliser has the meaning given by section 3A.

gypsum means the sulphate salt of calcium in either hydrated or anhydrous form.

inspector means a person for the time being:

(a)  appointed as an agricultural inspector under section 23 (1), or
(b)  authorised to exercise the functions of an inspector under section 23 (2).

lime means an oxide, hydroxide or carbonate compound of calcium.

liming material means a substance that:

(a)  consists of or contains dolomite, gypsum, lime or magnesite, and
(b)  is manufactured, represented, sold or used as a means for directly or indirectly affecting the nature or composition of soil or any other matter in which vegetation is grown.

magnesite means an oxide, hydroxide or carbonate compound of magnesium.

parcel includes sack, bag, barrel, case, package and any other container.

premises includes land, place, vehicle and vessel.

regulation means a regulation made under this Act.

sell includes:

(a)  auction or exchange,
(b)  offer, expose, supply or receive for sale,
(c)  send, forward or deliver for sale or on sale,
(d)  cause, permit or suffer the doing of an act referred to in paragraph (a), (b) or (c),
(e)  offer or attempt to do an act so referred to, and
(f)  have in possession for sale.

soil improving agent means:

(a)  a fertiliser, or
(b)  a liming material.

trace element means boron, cobalt, copper, iron, magnesium, manganese, molybdenum, selenium or zinc or any other prescribed element.

trace element product means a substance that:

(a)  consists of or contains a trace element, or any compound thereof, and
(b)  is manufactured, represented, sold or used as a means for directly or indirectly:
(i)  supplying nutriment for the purpose of enhancing the development, productivity, quality or reproductive capacity of vegetation, or
(ii)  affecting the nature or composition of soil or any other matter in which vegetation is grown,
      but does not include a soil improving agent.

(2)  In this Act:
(a)  a reference to a function includes a reference to a power, authority and duty, and
(b)  a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

3A   Definition of “fertiliser”

(1)  For the purposes of this Act, fertiliser means:
(a)  a substance that consists of or contains nitrogen, phosphorus or potassium (or any combination of nitrogen, phosphorus or potassium) and is manufactured, represented, sold or used as a means for directly or indirectly supplying nutriment for the purpose of enhancing the development, productivity, quality or reproductive capacity of vegetation, or
(b)  any other substance that the Minister declares, by an order published in the Gazette, to be a fertiliser for the purposes of this Act.
(2)  However, fertiliser does not include any substance declared by the Minister, by an order published in the Gazette, not to be a fertiliser for the purposes of this Act.
(3)  It is the duty of the Minister, before making an order under this section, to consult:
(a)  the Minister for the Environment, and
(b)  the Minister for Health, and
(c)  any other Minister whom the Minister considers would have responsibilities giving rise to an interest in being consulted,
      but failure to consult those Ministers does not invalidate any order made.
(4)  An order made by the Minister under this section must be published in at least one newspaper circulating generally throughout the State at the same time as, or as soon as practicable after, it is published in the Gazette.
(5)  Section 40 (Notice of statutory rules to be tabled) and section 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to an order made under this section in the same way as they apply to a statutory rule within the meaning of that Act.

4   Act binds Crown

This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

4A   Object of this Act

The object of this Act is to regulate the sale of soil improving agents and trace element products so as:
(a)  to protect human health by ensuring that unsafe levels of heavy metals and other contaminants that may occur in soil improving agents or trace element products do not make their way into the human food chain, and
(b)  to facilitate international trade by ensuring that agricultural products destined for export markets comply with requirements of international trading partners in relation to the presence of heavy metals and other contaminants, and
(c)  to protect the environment by better informing purchasers of the composition of soil improving agents and trace element products and by restricting the proportion of certain substances that soil improving agents and trace element products may contain.

Part 2

5–14(Repealed)

Part 3 Regulation of sales by dealers

Division 1 Soil improving agents

15   (Repealed)

16   Soil improving agents to be sold in marked parcels

(1)  The Minister may, by order published in the Gazette, declare that particulars specified in the order must be marked on a parcel that contains a soil improving agent or a soil improving agent of a specified class.
(2)  Without limiting the generality of subsection (1), those particulars may comprise any or all of the following:
(a)  details of the quantity of soil improving agent contained in the parcel,
(b)  in the case of a soil improving agent that is a fertiliser, the respective proportion in which nitrogen, phosphorus or potassium or any other element (or any form of nitrogen, phosphorus or potassium or any other element) occurs in the fertiliser,
(c)  in the case of a soil improving agent that is a liming material, the respective proportion in which calcium, magnesium or sulphur or any other element (or any form of calcium, magnesium or sulphur or any other element) occurs in the liming material,
(d)  warning labels.
(3)  A dealer must not sell a soil improving agent unless the soil improving agent is contained in a parcel that is marked with the particulars (if any) required by an order made under this section that is in force.

Maximum penalty: 20 penalty units.

(4)  However, it is not an offence to sell a soil improving agent that has not been marked with those particulars:
(a)  if the soil improving agent is sold to a dealer, or
(b)  if, in the case where the soil improving agent comprised in the sale consists of a bulk lot of 90 kilograms or more, at or before the delivery of that bulk lot the person to whom the soil improving agent is sold is provided with an invoice or any other document containing the same particulars as would otherwise be required to be marked on the parcel, or
(c)  if, in the case where the soil improving agent has been formulated to the prescription of the person to whom it is sold, at or before the delivery the person to whom the soil improving agent is sold is provided with an invoice or any other document containing the same particulars as would otherwise be required to be marked on the parcel.
(5)  An order made by the Minister under this section must be published in at least one newspaper circulating generally throughout the State at the same time as, or as soon as practicable after, it is published in the Gazette.
(6)  Section 40 (Notice of statutory rules to be tabled) and section 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to an order made under this section in the same way as they apply to a statutory rule within the meaning of that Act.

17   Soil improving agents to conform to marked particulars

(1)  This section applies to any soil improving agent in relation to which an order is in force under section 16 (declaring that particulars specified in the order must be marked on a parcel that contains the soil improving agent or a soil improving agent of its class).
(2)  A dealer must not sell a soil improving agent to which this section applies unless the soil improving agent conforms to the particulars required to be marked on the parcel (or permitted to be marked on an invoice or other document) that are in fact so marked.

Maximum penalty: 50 penalty units.

(3)  For the purposes of this section, any particular that takes the form of a warning label, or instructions for use, is to be disregarded.

18   Soil improving agents to comply with composition standards

(1)  The Minister may, by order published in the Gazette, declare that a soil improving agent, or a soil improving agent of a class specified in the order, must not contain more than a specified maximum concentration or proportion of any specified component (a composition standard).
(2)  A dealer must not sell a soil improving agent unless the soil improving agent complies with the composition standards (if any) that apply to it as a result of an order made under this section that is in force.

Maximum penalty: 50 penalty units.

(3)  However, it is not an offence to sell a soil improving agent that does not comply with the composition standards applying to it if the soil improving agent is sold to a dealer.
(4)  It is the duty of the Minister, before making an order under this section, to consult:
(a)  the Minister for the Environment, and
(b)  the Minister for Health, and
(c)  any other Minister whom the Minister considers would have responsibilities giving rise to an interest in being consulted,
      but failure to consult those Ministers does not invalidate any order made.
(5)  An order made by the Minister under this section must be published in at least one newspaper circulating generally throughout the State at the same time as, or as soon as practicable after, it is published in the Gazette.
(6)  Section 40 (Notice of statutory rules to be tabled) and section 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to an order made under this section in the same way as they apply to a statutory rule within the meaning of that Act.

19   Substances not to be falsely represented as soil improving agents

A dealer shall not falsely represent a substance to be a soil improving agent.

Maximum penalty: 50 penalty units.

20   (Repealed)

Division 2 Trace element products

21   Trace element products to be sold in marked parcels

(1)  The Minister may, by order published in the Gazette, declare that particulars specified in the order must be marked on a parcel that contains a specified trace element product or a trace element product of a specified class.
(2)  Without limiting the generality of subsection (1), those particulars may comprise any or all of the following:
(a)  details of the quantity of trace element product contained in the parcel,
(b)  the respective proportion in which each trace element or any other element (or any form of each trace element or any other element) occurs in the trace element product,
(c)  warning labels.
(3)  A dealer must not sell a trace element product unless the trace element product is contained in a parcel that is marked with the particulars (if any) required by an order made under this section that is in force.

Maximum penalty: 20 penalty units.

(4)  However, it is not an offence to sell a trace element product that has not been marked with those particulars:
(a)  if the trace element product is sold to a dealer, or
(b)  if, in the case where the trace element product comprised in the sale consists of a bulk lot of 90 kilograms or more, at or before the delivery of that bulk lot the person to whom the trace element product is sold is provided with an invoice or any other document containing the same particulars as would otherwise be required to be marked on the parcel,
(c)  if, in the case where the trace element product has been formulated to the prescription of the person to whom it is sold, at or before the delivery the person to whom the trace element product is sold is provided with an invoice or any other document containing the same particulars as would otherwise be required to be marked on the parcel.
(5)  An order made by the Minister under this section must be published in at least one newspaper circulating generally throughout the State at the same time as, or as soon as practicable after, it is published in the Gazette.
(6)  Section 40 (Notice of statutory rules to be tabled) and section 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to an order made under this section in the same way as they apply to a statutory rule within the meaning of that Act.

22   Substances not to be falsely represented as trace element products

A dealer shall not falsely represent a substance to be a trace element product.

Maximum penalty: 50 penalty units.

22A   Trace element products to conform to marked particulars

(1)  This section applies to any trace element product in relation to which an order is in force under section 21 (declaring that particulars specified in the order must be marked on a parcel that contains the trace element product or a trace element product of its class).
(2)  A dealer must not sell a trace element product to which this section applies unless the trace element product conforms to the particulars required to be marked on the parcel (or permitted to be marked on an invoice or other document) that are in fact so marked.

Maximum penalty: 50 penalty units.

(3)  For the purposes of this section, any particular that takes the form of a warning label, or instructions for use, is to be disregarded.

22B   Trace element products to comply with composition standards

(1)  The Minister may, by order published in the Gazette, declare that a trace element product, or a trace element product of a class specified in the order, must not contain more than a specified maximum concentration or proportion of any specified component (a composition standard).
(2)  A dealer must not sell a trace element product unless the trace element product complies with the composition standards (if any) that apply to it as a result of an order made under this section that is in force.

Maximum penalty: 50 penalty units.

(3)  However, it is not an offence to sell a trace element product that does not comply with the composition standards applying to it if the trace element product is sold to a dealer.
(4)  It is the duty of the Minister, before making an order under this section, to consult:
(a)  the Minister for the Environment, and
(b)  the Minister for Health, and
(c)  any other Minister whom the Minister considers would have responsibilities giving rise to an interest in being consulted,
      but failure to consult those Ministers does not invalidate any order made.
(5)  An order made by the Minister under this section must be published in at least one newspaper circulating generally throughout the State at the same time as, or as soon as practicable after, it is published in the Gazette.
(6)  Section 40 (Notice of statutory rules to be tabled) and section 41 (Disallowance of statutory rules) of the Interpretation Act 1987 apply to an order made under this section in the same way as they apply to a statutory rule within the meaning of that Act.

Part 4 Inspectors

23   Appointment of inspectors

(1)  Agricultural inspectors may be appointed for the purposes of this Act under and in accordance with the Part 2 of the Public Sector Management Act 1988.
(2)  The Minister may authorise in writing any person to exercise the functions of an inspector, subject to such restrictions (if any) as are specified in the authority.
(3)  The Minister may amend or revoke an authority referred to in subsection (2).
(4)  An inspector shall have, and may exercise, such functions as are conferred or imposed on the inspector by or under this Act.

24   Identification certificates

(1)  The Director-General shall cause each inspector to be issued with a certificate of identification.
(2)  A certificate of identification shall be in the approved form.

25   Powers of inspectors in relation to premises

(1)  For the purpose of ascertaining whether an offence against this Act or the regulations has been committed, an inspector may do any one or more of the following things:
(a)  the inspector may enter and remain in or on any premises in which the inspector believes, on reasonable grounds, that soil improving agents or trace element products are sold,
(b)  the inspector may search and inspect any such premises for the presence of:
(i)  any soil improving agent or trace element product,
(ii)  any parcel used for containing a soil improving agent or trace element product, or
(iii)  any document relating to the sale of a soil improving agent or trace element product,
(c)  the inspector may examine any soil improving agent, trace element product, parcel or document found in or on any such premises,
(d)  the inspector may take, without payment, a quantity not exceeding 3 kilograms of any soil improving agent or trace element product found in or on any such premises,
(e)  the inspector may take copies of, or extracts or notes from, any document found in or on any such premises,
(f)  the inspector may require any person found in or on any such premises to produce any soil improving agent, trace element product, parcel or document which is in the possession or under the control of that person and which the inspector believes, on reasonable grounds, to relate to the sale of a soil improving agent or trace element product.
(2)  In exercising in or on any premises any power conferred by subsection (1), an inspector shall, if required to do so by a person apparently for the time being in charge of those premises, produce to that person the inspector’s certificate of identification.
(3)  Subsection (1) does not authorise an inspector to exercise any power conferred by that subsection in any part of premises used for residential purposes or in relation to any person in or on any such part of premises.
(4)  The powers conferred by subsection (1) (a) and (b) may be exercised by an inspector between the hours of 7.00 am and 7.00 pm only.
(5)  A person shall not fail to comply with a requirement made by an inspector under subsection (1) (f).

Maximum penalty (subsection (5)): 50 penalty units.

26   Inspectors may demand name and address

(1)  An inspector who finds a person:
(a)  who is committing an offence against this Act or the regulations, or
(b)  whom the inspector suspects, on reasonable grounds, of having committed or attempted to commit such an offence,
      may require that person to inform the inspector forthwith of that person’s name and place of abode.
(2)  A person shall not fail to comply with a requirement made by an inspector under subsection (1).

Maximum penalty (subsection (2)): 20 penalty units.

27   Obstruction of inspectors etc

A person shall not assault, delay, obstruct, hinder or impede an inspector in the exercise of the inspector’s functions under this Act.

Maximum penalty: 50 penalty units.

28   Impersonation of inspectors etc

A person shall not:
(a)  forge or counterfeit any certificate of identification,
(b)  make use of any forged or counterfeited certificate of identification, or
(c)  personate, or falsely pretend to be, an inspector.

Maximum penalty: 50 penalty units.

29–32   (Repealed)

Part 5 Supplementary

33   False or misleading information

A person shall not, in or in relation to any application under this Act or in purported compliance with any requirement under this Act, make any statement or furnish any information which is false or misleading in a material particular.

Maximum penalty: 50 penalty units.

34   Disclosure of information

A person shall not disclose any information obtained in connection with the administration or execution of this Act unless the disclosure is made:
(a)  with the consent of the person from whom the information was obtained,
(b)  in connection with the administration or execution of this Act,
(c)  for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings,
(d)  in accordance with a requirement imposed under the Ombudsman Act 1974, or
(e)  with other lawful excuse.

Maximum penalty: 50 penalty units.

35   Proceedings for offences

Proceedings for an offence against this Act or the regulations may be taken before the Local Court.

36   (Repealed)

37   Evidentiary certificates

In any legal proceedings, a certificate that purports to have been signed by the Director-General or a Deputy Director-General and that states that, on a date, or during a period, specified in the certificate, a specified person was or was not an inspector is, without proof of the signature of the person by whom the certificate purports to have been signed, evidence (unless evidence is adduced to the contrary) of the fact so stated.

38   Evidence of part to be evidence of whole

In any legal proceedings, evidence as to the nature of the whole or part of a sample of a substance:
(a)  taken from a parcel of the substance, or
(b)  taken from a quantity of the substance that was, at the time the sample was so taken, represented as being, or as being part of, a bulk lot of the substance,
is evidence as to the nature of the whole of the contents of the parcel or bulk lot, as the case may be.

39   Defences

A dealer is not guilty of an offence arising under this Act or the regulations in respect of the sale of a substance if, at the time the sale took place, the dealer did not know, and did not have reason to believe, that the nature or composition of the substance was such that its sale would constitute such an offence.

39A   Delegation

The Director-General may delegate the exercise of any function of the Director-General under this Act (other than this power of delegation) to any member of staff of the Department.

40   Liability

A person is not personally liable for any act or omission done or omitted to be done by the person in the bona fide exercise of the functions conferred or imposed on the person by or under this Act.

41   Service of notices

A notice that the Director-General is required or permitted, by or under this Act, to cause to be served on a person may be served personally or by means of a letter addressed to the person at the person’s address last known to the Director-General.

42   Regulations

(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to:
(a)  the functions of inspectors,
(b)–(i)  (Repealed)
(j)  the regulation or prohibition of the sale by dealers of substances (including soil improving agents and trace element products) which are manufactured, represented, sold or used as a means for directly or indirectly:
(i)  supplying nutriment for the purpose of enhancing the development, productivity, quality or reproductive capacity of vegetation, or
(ii)  affecting the nature or composition of soil or any other matter in which vegetation is grown,
(k)  the forms to be used for the purposes of this Act, and
(l)  the imposition of fees and charges.
(2)  A provision of a regulation may:
(a)  apply generally or be limited in its application by reference to specified exceptions or factors,
(b)  apply differently according to different factors of a specified kind, or
(c)  authorise any matter or thing to be from time to time determined, applied or regulated by any specified person,
(d)  (Repealed)
      or may do any combination of those things.
(3)  A provision of a regulation may impose a penalty not exceeding 20 penalty units for any contravention of the provision.

43   Repeals etc

(1)  Each Act specified in Schedule 1 is, to the extent indicated therein, repealed.
(2)  Schedule 2 has effect.

Schedule 1 Repeals

(Section 43 (1))

Fertilizers Act 1934 No 51—the whole Act.
Fertilizers (Amendment) Act 1967 No 8—the whole Act.
Metric Conversion Act 1978 No 67—so much of Schedule 1 as amends Act No 51, 1934.

Schedule 2 Savings and transitional provisions

(Section 43 (2))

Part 1 Provisions consequent on the enactment of this Act

1   Definitions

In this Part:

appointed day means the day appointed and notified under section 2 (2).

the repealed Act means the Fertilizers Act 1934.

2   Inspectors

A person who, immediately before the appointed day, was an inspector under the repealed Act shall be deemed to be an inspector appointed under section 23 (1).

3–6   (Repealed)

7   Seized substances, articles and documents

A substance, article or document which was seized before the appointed day pursuant to the repealed Act, being a substance, article or document which was not returned, destroyed or otherwise dealt with immediately before that day pursuant to that Act, shall be returned, destroyed or otherwise dealt with in accordance with that Act as if that Act had not been repealed by this Act.

Part 2

8(Repealed)

Historical notes

The following abbreviations are used in the Historical notes:

Am

amended

LW

legislation website

Sch

Schedule

Cl

clause

No

number

Schs

Schedules

Cll

clauses

p

page

Sec

section

Div

Division

pp

pages

Secs

sections

Divs

Divisions

Reg

Regulation

Subdiv

Subdivision

GG

Government Gazette

Regs

Regulations

Subdivs

Subdivisions

Ins

inserted

Rep

repealed

Subst

substituted

Table of amending instruments

Fertilisers Act 1985 No 5 (formerly Fertilizers Act 1985). Assented to 27.3.1985. Date of commencement, secs 1 and 2 excepted, 1.7.1985, sec 2 (2) and GG No 98 of 28.6.1985, p 3324. This Act has been amended as follows:

1987

No 48

Statute Law (Miscellaneous Provisions) Act (No 1) 1987. Assented to 28.5.1987.
Date of commencement of Sch 32, except as provided by sec 2 (13), 1.9.1987, sec 2 (12) and GG No 136 of 28.8.1987, p 4809.

1988

No 92

Statute Law (Miscellaneous Provisions) Act (No 2) 1988. Assented to 19.12.1988.
Date of commencement of Sch 8, 1.2.1990, sec 2 (3) and GG No 14 of 25.1.1990, p 555.

1992

No 8

Fertilizers (Amendment) Act 1992. Assented to 17.3.1992.
Sch 1 was not commenced and the Act was repealed by the Statute Law (Miscellaneous Provisions) Act 2010 No 59; Sch 2 was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 1997 No 55; date of commencement of Sch 3, 1.9.1997, sec 2 and GG No 95 of 29.8.1997, p 6642.

1993

No 47

Statute Law (Penalties) Act 1993. Assented to 15.6.1993.
Date of commencement, assent, sec 2.

1997

No 55

Statute Law (Miscellaneous Provisions) Act 1997. Assented to 2.7.1997.
Date of commencement of Sch 1.8, 1.9.1997, Sch 1.8 and GG No 95 of 29.8.1997, p 6645.

 

No 77

Administrative Decisions Legislation Amendment Act 1997. Assented to 10.7.1997.
Date of commencement of Sch 5.12, 1.3.1999, sec 2 and GG No 25 of 26.2.1999, p 969.

1999

No 31

Statute Law (Miscellaneous Provisions) Act 1999. Assented to 7.7.1999.
Date of commencement of Sch 2.14, assent, sec 2 (2); date of commencement of Sch 4, assent, sec 2 (1).

 

No 62

Fertilisers Amendment Act 1999. Assented to 24.11.1999.
Date of commencement, 1.1.2002, sec 2 and GG No 196 of 21.12.2001, p 10439.

2001

No 121

Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001.
Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978.

2004

No 91

Statute Law (Miscellaneous Provisions) Act (No 2) 2004. Assented to 10.12.2004.
Date of commencement of Sch 1.13, assent, sec 2 (2).

2007

No 94

Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007.
Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009.

2010

No 59

Statute Law (Miscellaneous Provisions) Act 2010. Assented to 28.6.2010.
Date of commencement of Sch 2.32, 9.7.2010, sec 2 (2).

2011

No 2

Miscellaneous Acts Amendment (Directors’ Liability) Act 2011. Assented to 10.5.2011.
Date of commencement, assent, sec 2.

Table of amendments

Long title

Am 1999 No 31, Sch 2.14 [1]; 1999 No 62, Sch 1 [1].

Sec 1

Am 1992 No 8, Sch 3 (1) (a).

Sec 3

Am 1992 No 8, Sch 3 (1) (b) (2); 1999 No 62, Sch 1 [2]–[4]; 2004 No 91, Sch 1.13 [1]; 2010 No 59, Sch 2.32.

Sec 3A

Ins 1999 No 62, Sch 1 [5].

Sec 4A

Ins 1999 No 62, Sch 1 [6].

Part 2

Rep 1999 No 62, Sch 1 [7].

Sec 5

Rep 1999 No 62, Sch 1 [7].

Sec 6

Am 1992 No 8, Sch 3 (3). Rep 1999 No 62, Sch 1 [7].

Sec 7

Am 1992 No 8, Sch 3 (1) (c); 1997 No 77, Sch 5.12 [1]; 1999 No 31, Sch 2.14 [2]. Rep 1999 No 62, Sch 1 [7].

Secs 8, 9

Rep 1999 No 62, Sch 1 [7].

Sec 10

Am 1997 No 77, Sch 5.12 [2]. Rep 1999 No 62, Sch 1 [7].

Sec 11

Rep 1999 No 62, Sch 1 [7].

Sec 12

Subst 1997 No 77, Sch 5.12 [3]. Rep 1999 No 62, Sch 1 [7].

Sec 13

Am 1992 No 8, Sch 3 (1) (c). Rep 1999 No 62, Sch 1 [7].

Sec 14

Rep 1999 No 62, Sch 1 [7].

Sec 15

Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1]. Rep 1999 No 62, Sch 1 [8].

Sec 16

Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [2]. Subst 1999 No 62, Sch 1 [9].

Sec 17

Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1]. Subst 1999 No 62, Sch 1 [10].

Sec 18

Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1]. Subst 1999 No 62, Sch 1 [11].

Sec 19

Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1].

Sec 20

Am 1993 No 47, Sch 1. Rep 1999 No 62, Sch 1 [12].

Sec 21

Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [2]. Subst 1999 No 62, Sch 1 [13].

Sec 22

Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1].

Secs 22A, 22B

Ins 1999 No 62, Sch 1 [14].

Part 4, heading

Am 1999 No 62, Sch 1 [15].

Sec 23

Am 1992 No 8, Sch 3 (4).

Sec 24

Am 1988 No 92, Sch 8.

Sec 25

Am 1992 No 8, Sch 3 (5); 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1].

Sec 26

Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [2].

Secs 27, 28

Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1].

Sec 29

Subst 1992 No 8, Sch 3 (6). Rep 1999 No 62, Sch 1 [16].

Sec 30

Am 1992 No 8, Sch 3 (7). Rep 1999 No 62, Sch 1 [16].

Sec 31

Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1]. Rep 1999 No 62, Sch 1 [16].

Sec 32

Rep 1999 No 62, Sch 1 [16].

Secs 33, 34

Am 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [1].

Sec 35

Am 1999 No 31, Sch 4.30; 2001 No 121, Sch 2.113; 2007 No 94, Sch 2.

Sec 36

Rep 2011 No 2, Sch 1.9.

Sec 37

Subst 1999 No 62, Sch 1 [17].

Sec 39A

Ins 2004 No 91, Sch 1.13 [2].

Sec 42

Am 1987 No 48, Sch 32; 1993 No 47, Sch 1; 1997 No 55, Sch 1.8 [3]; 1999 No 62, Sch 1 [18].

Sch 2

Am 1992 No 8, Sch 3 (8); 1999 No 62, Sch 1 [19].

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