Bulk Handling Act Amendment Act 1961 (WA)

1961.] Bulk Handling. [No. 25.

BULK HANDLING.

10° Elizabeth II., No. XXV.

No. 25 of 1961.

AN ACT to amend the Bulk Handling Act, 1935-1953.

[Assented to 30th October, 1961.]

RE 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:—

Short title

1. (1) This Act may be cited as the Bulk and citation.

Handling Act Amendment Act, 1961.

Reprinted in

(2) In this Act the Bulk Handling Act, 1935-1953, Ap pendix to

1936 Sessional

is referred to as the principal Act. Volume of Statutes.

(3)

The principal Act as amended by this Act may be cited as the Bulk Handling Act, 1935-1961.

No. 25.] Bulk Handling. [1961.

S. 11A

added.

2. The principal Act is amended by adding after

section eleven the following section

Polls of

growers to	HA. (1) Where for any purpose under or
be taken by

secret	relating to the provisions of this Act or the
ballot.	regulations made under this Act a poll of growers is taken, then notwithstanding any provision contained in the memorandum or articles of association of the Company, the poll shall be taken and conducted in such manner as to ensure that the votes of the persons voting in respect of the poll are taken by secret ballot.
(2) The person conducting the poll may take such action and give such directions as he thinks fit or considers necessary to ensure that the votes of persons voting in respect of the poll are taken by secret ballot and that no irregulari- ties occur in or in connection with the ballot.

(3) A person who-

(a) refuses or fails to comply with a direc- tion given under subsection (2) of this section; or

(b) obstructs or hinders-

(i)    the person conducting the ballot or the taking of any action under subsection (2) of this section; or

(ii)    any other person in the carrying out of a direction /Under that subsection,

commits an offence against this Act.

Penalty: Twenty pounds.

(4) The Company shall take such steps as are necessary to ensure that ballot papers, envelopes, counterfoils, lists and other docu- ments used in connection with, or relevant to, a ballot under this section are preserved and kept at such place and for such period after the completion of the ballot as the Minister directs and is hereby authorised to direct.

1961.] Bulk Handling. [No. 25.

3. Section twenty-six A of the principal Act is amended	8. 284
amended.

(a)

by substituting for the words, "one penny" in lines two and three of subsection (1), the words, "four pence"; and

(b)

by adding after the word, "date", being the last word of subsection (7), the passage, ", but in respect to every further issue of debentures made by the Company after the year one thousand nine hundred and sixty- seven, the debentures of that further issue shall incorporate a condition that the moneys secured thereby shall be redeemed in full within a period of ten years from the thirty-first day of October of the year of issue".

8.288

4. Section twenty-six B of the principal Act is amended.

amended by adding after the word, "issue", being the last word of paragraph (b) of subsection (6), the passage, "in respect to the debentures of each issue made not later than the year one thousand nine hundred and sixty-seven, and ten years computed from the thirty-first day of October in the year of issue in respect to debentures of each issue made after the year one thousand nine hundred and sixty-seven".

5. The principal Act is amended by adding after 2a2ea.

section twenty-six B the following section-

Merger of

26C. If and whenever after the year one

tolls in ono

issue of

thousand nine hundred and sixty-seven the	debentures.
Company is under obligation to make in any year a further issue of debentures in respect of foundation tolls pursuant to the provisions of section twenty-six A of this Act and in the same year a further issue of debentures in respect of port equipment tolls pursuant to the provisions of section twenty-six B of this

No. 25.] Bulk Handling. [1961.

Act, the liability of the Company to the growers in respect of each toll shall be merged and one, issue only of debentures shall be made by the Company to the growers or their respective assigns for, the aggregate of the amounts then standing respectively to the credit of the growers in the foundation toll register and the port equipment toll register, to the intent that one debenture only in which is included the amount of both tolls shall be issued to each grower or his assign.