Banana Industry Compensation Trust Fund Amendment Act 1980 (WA)

WESTERN AUSTRALIA.

BANANA INDUSTRY

COMPENSATION TRUST

FUND.

No. 59 of 1980.

AN ACT to amend the Banana Industry

Compensation Trust Fund Act 1961-1975.

[Assented to 24 November 1980.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Banana	and citation.
Short title

Industry Compensation Trust Fund Amendment

Act 1980.

No. 59.] Banana Industry Compensation [1980.

Trust Fund.

Reprinted as

approved for	(2) In this Act the Banana Industry Compensa-
reprint 17

March 1971	tion Trust Fund Act 1961-1'975 is referred to as the
and amended.
by Acts Nos.	principal Act.
94 of 1972
(as amended
by No. 19 of

1973) and	(3)	The principal Act as amended by this Act may
31 Of 1975.

be cited as the Carnarvon Banana Industry (Com-

pensation Trust Fund) Act 1961-1980.

Commence-

ment. 2. This Act shall come into operation on a day

to be fixed by proclamation.

Long title

amended. 3. The long title to the principal Act is amended

by deleting "to growers of bananas in the event of

loss" and substituting the following-

" in the event of loss to growers of bananas

in the Shire of Carnarvon " .

Short title	4.	Section 1 of the principal Act is amended by
amended.

deleting the short title and substituting the

following-

" Carnarvon Banana Industry (Compensation

Trust Fund) Act 1961-1980 ".

Section 3 5. The principal Act is amended

and Part titles amended.	(a)	in section 3; and
(b)	as to the titles of the Parts respectively preceding section 7, section 17, and section 24,

by deleting "BANANA INDUSTRY" wherever it

appears.

Section 4	6.	Section 4 of the principal Act is repealed.
repealed.
Section 5
amended.	7.	Section 5 of the principal Act is amended

(a) by deleting the definitions of "partial loss" and "total loss" ;

1980.] Banana Industry Compensation [No. 59.

Trust Fund.

(b) in the definitions of "Committee" and of "Fund", respectively, by inserting before "Banana" the following-

" Carnarvon "; and

(c) in the definition of "grower", by deleting "State" and substituting the following-

" district of the municipality of the

Shire of Carnarvon ".

Section 7

8. Section 7 of the principal Act is amended amended.

(a) in subsection (1), by inserting before "Banana" the following-

" Carnarvon "; and

(b) in subsection (2), by deleting "three".

Section 8

9. Section 8 of the principal Act is amended by amended.

adding, after subsection (2), the following sub-

section

" (3) On and after the commencement of the Banana Industry Compensation Trust Fund Amendment Act 1980-

(a)

the body corporate previously consti- tuted under this section by the name "The Banana Industry Compensation Committee" is preserved and continues in existence as a body corporate, under and subject to this Act, by the name "The Carnarvon Banana Industry Compensation Committee", but so that the corporate identity of the body corporate and its rights, powers, functions, duties, and liabilities are not affected; and

(b)

a reference made before the commence- ment of that Act to the Committee under the name by which it was then known shall, unless the context is such that it would be incorrect or inappro- priate so to do, be read and construed as a reference to the Committee. ".

No. 59.] Banana Industry Compensation [1980.

Trust Fund.

Section 17

amended. 10. Section 17 of the principal Act is amended

in subsection (1) by inserting before "Banana" the

following-

" Carnarvon ".

Section 19

amended. 11. Section 19 of the principal Act is amended

in subsection (1)—by deleting all that occurs after "assessed" and substituting the fol- lowing

"in accordance with subsection (2) of this section and shall be paid by the wholesaler in accordance with section twenty of this Act."; and

in subsection (2)-

(a) by deleting "fourteen", in each place where it occurs, and substituting the following-

" twenty "; and

(b) by inserting after "proportionate" the following-

" , to the nearest cent, ".

Section 25

amended. 12. Section 25 of the principal Act is amended

(a) in subsection (1)-

(i)    by deleting "whole or portion of"; and

(ii)  by deleting "while engaged in producing bananas for sale" and substituting the following-

" by reason of the destruction of

bananas ";

(b) by repealing subsection (2) and substitut- ing the following subsection-

" (2) The compensation payable under this Act to a grower shall be based on the assessed percentage of damage to bananas in the course of production by

1980.] Banana Industry Compensation [No. 59.

Trust Fund.

the grower on the land of that grower by reference to the area of that land on which the destruction occurs. ";

(c) in subsection (3), by deleting the whole of the passage after "payable" and substitut- ing the following-

" , subject to section twenty-seven of this Act, at the rate of one dollar seventy- five cents per carton according to the extent of the assessed percentage of damage determined pursuant to section twenty-six of this Act. ";

and

(d) in subsection (4), by deleting "date" and substituting the following-

" calendar year ".

Section 26

Section 26 of the principal Act is amended

in subsection (1) by inserting after "destruction",

where it first occurs, the following-

amended.

13.

ct , expressed as a percentage of damage in

relation to the area or respective areas in which

destruction occurs, ".

Section 27

14. Section 27 of the principal Act is amended amended.

(a) by repealing subsection (1) and substitut- ing the following subsection-

" (1) For the purposes of payment of compensation under this Act the extent of the percentage of damage, subject to subsection (2) and subsection (3) of this section, shall be assessed and determined pursuant to the provisions of section twenty-six of this Act on an average basis in relation to the number of hectares of the grower's land on which the destruction occurs, and if such area is less than one hectare then the extent

No. 59.] Banana Industry Compensation [1980.

Trust Fund.

of the destruction shall be so assessed and determined proportionately in relation to that area. ";

(b) by repealing subsection (2) and substitut- ing the following subsection-

" (2) A grower may suffer a different percentage of damage in relation to different areas of his land and in such case may claim and be entitled to be paid compensation under this Act by reference to the extent of the damage suffered by the respective areas. ";

(c) by repealing subsection (3) and substitut- ing the following subsection-

" (3) Subject to subsection (3a) of this section, a grower is entitled to be paid compensation under this Act only where the loss suffered by him exceeds ten per centum of the value of the total quantity of bananas in course of production at the time of the loss on the area of his land to which the claim refers, but shall in each case bear the whole of the loss himself if the percentage of damage is assessed at ten per centum or less. " ; and

(d) in subsection (4), by deleting the whole of the passage commencing "Schedule to this Act" to the end of the subsection and sub- stituting the following-

" Schedule to this Act. ".

Section 29

amended. 15. Section 29 of the principal Act is amended

in subsection (1)-

(a) as to paragraph (a), by deleting "if all the claims for compensation are claims for partial loss only, they" and substituting the following-

" claims for compensation "; and

1980.] Banana Industry Compensation [No. 59.

Trust Fund.

(b) by repealing paragraph (b) and paragraph (c) and substituting the following-

" and

(b) to the extent to which the money in the Fund is insufficient to make payment of all claims in full, then the amount of the deficiency required to raise the payments to be made to eighty per centum of the value of the compensation assessed shall be made good by the Treasurer out of the Public Account. " .

iection 32

16. Section 32 of the principal Act is amended upended.

by deleting "on or before the first day of February

in each year" and substituting the following-

" within twenty-eight days of being required to do so by notice in writing under the hand of the chairman ".