New South Wales Consolidated Acts

FERTILISERS ACT 1985 - SECT 22B

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.