The Fertilisers Act.-1900. 19. At the hearing of any civil or criminal proceeding with Certificate evidence. respect to any article analysed in pursuance of this Act the produc- 602/94, sec. 4 (4), tion of a certificate of the analyst shall be evidence of the facts altered. therein stated, unless the defendant or person charged gives notice to the plaintiff or prosecutor at least twenty-four hours previous to day fixed for the return of the summons or hearing that he requires that the analyst be called as a witness. 20. The costs of and incidental to the obtaining of any analysis Costs of analysis. in pursuance of section 16 this Act shall be borne by the seller or 602/94, sec. 4 (5). the buyer, in accordance with the results of the analysis, and shall be recoverable as a simple contract debt. 21. The Governor may appoint one or more agricultural analysts. Analyst. 22. If any person knowingly and fraudulently 602/94, sec. 3. Tampering with samples. (a) Tampers with any parcel of fertiliser so as to procure that 602/94, sec. 5. any sample of it taken in pursuance of this Act does not correctly represent the contents of the parcel; or (b) Tampers with any sample taken under this Act: he shall be liable, on summary conviction, to a fine not exceeding Twenty Pounds, or to imprisonment for a term not exceeding six months. 23. In any proceeding for an offence under this Act it shall be Defence. no defence to allege that the buyer, having bought only for analysis, 602/94, sec. 2 (2). was not prejudiced by the sale, or that the fertiliser, though deficient in one or more constituents, was not defective in other constituents. against person who 602/94, sec. 2 (3). 24. A person alleged to have committed an offence under this Rights of seller Act in respect of an article sold by him shall be entitled to the same rights and remedies, civil or criminal, against the person from whom he bought the article as are available to the person who bought the article from him, and any damages recovered by him may, if the circumstances justify it, include the amount of any fine and costs paid by him on conviction under this Act, and the costs of and incidental to his defence on such conviction. 25. A prosecution for an offence under this Act may be insti- Who may prosecute. tuted either by the person aggrieved, by the Inspector of Fertilisers, 602/94, sec. 6, altered. or by any person authorised by the Minister of Agriculture. 26. If the percentage of nitrogen, nitrogen as nitrates, potash What deficiencies in readily soluble form, water soluble phosphate, citrate soluble phos- allowed. phate, or acid soluble phosphate contained in any fertiliser shall be New. less by the following amounts, namely, one-half per centum of nitrogen or nitrogen as nitrates, one-half per centum of potash in readily soluble form, or two and one-half per centum of phosphate, whether water soluble phosphate, citrate soluble phosphate, or acid soluble phosphate, separately or total, than the percentages stated in the Evidence. Summary procedure. 602/94, sec. 7. Regulations. 602/94, sec. 4 (2), added to. Publication in Application of Act. The Fertilisers Act.-1900. the invoice given to the purchaser of such fertiliser, such invoice shall be deemed to be false in a material particular. 27. In any proceedings under this Act parol evidence that any person is an analyst or an Inspector shall be deemed sufficient, unless the defendant shall prove the contrary. 28. All proceedings in respect of offences under this act shall be conducted under Act No. 6 of 1850, relating to summary convictions and orders, and the Act or Acts amending the same, or under any Act or Acts for the time being in force in that behalf; and there shall be an appeal from any conviction or from any other order dismissing any information to the Local Court of Adelaide in its Full Jurisdiction. 29. The Governor may, from time to time, make regulations for all or any of the following purposes, namely: 1. Prescribing the method of taking samples by any buyer desirous of having any fertiliser analysed: II. Prescribing the fees to be paid to the analyst for making any analysis: 111. Generally for carrying this Act into effect. 30. All regulations shall be published in the Government Gazette, and shall from the date of publication have the force and effect of law. 31. This Act shall not apply to any dealer or person selling or 694/98, sec. 9, altered. Offering for sale any fertiliser in any quantity less than fifty-six pounds in weight. Date of coming into operation. 32. This Act shall come into operation on the first day of January, one thousand nine hundred and one. In the name and on behalf of Her Majesty, I hereby assent to this Bill. TENNYSON, Governor. SCHEDULES. The Fertilisers Act.--1900. SCHEDULES. SCHEDULE A. "The Fertilisers Act, 1900." Certificate of Constituents of Fertilisers. To the Inspector of Fertilisers. I [we], the undersigned, hereby give you notice that I [we] sell the fertilisers mentioned below, and that the minimum percentages of nitrogen, nitrogen as nitrates, potash in readily soluble form, water soluble phosphate, citrate soluble phosphate, and acid soluble phosphate contained in each of the said fertilisers are as hereunder set forth. I [we] hereby forward you the sum of £ , being the licence fee as required by section 5 of the Fertilisers Act, 1900, for year ending thirty-first December, 19 of SCHEDULE B. "Fertilisers Act, 1900." Form of Certificate by Agricultural Analyst. I, the undersigned, agricultural analyst, do hereby certify that on the labelled day a sealed sample for analysis, the result of which Phosphoric acid calculated as tricalcic phos- (a) Water soluble phosphate (b) Citrate soluble phosphate (e) Acid soluble phosphate Per cent. 66 66 66 66 66 An Act to provide for a Public Service Classification [Assented to, December 5th, 1900.] E it Enacted by the Governor, with the advice and consent of BE the Parliament of South Australia, as follows: 1. This Act may be cited as "The Public Service Classification Short title. Board Act, 1900." 2. For the purposes of this Act all persons employed in the Interpretation. Public Service of Her Majesty in this province, excepting persons who are not continuously employed for at least one year, shall be deemed to be public servants. 3. There shall be a Public Service Classification Board, here- Constitution of after called the Classification Board, consisting of three members, of Board. whom two shall be appointed by the Governor and one shall be elected by the public servants. 4. The election shall be had in manner prescribed by regulation, Mode of election. and each public servant entitled to vote shall have one vote and no more. 5. The members of the Classification Board shall be remunerated Members to be paid. for their services out of moneys voted by Parliament for the purpose, and shall give their whole time to the discharge of their duties. 748 6. It |
