Bulk Handling Amendment Act 1981 (WA)

WESTERN AUSTRALIA.

BULK HANDLING.

No. 3 of 1981.

AN ACT to amend the Bulk Handling Act 1967-1979.

[Assented to 18 May 1981.]

BE it enacted by the Queen's Most Excellent

s' 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 Hulk gairAattlieon.

Handling Amendment Act 1981.

(2) In this Act the Bulk Handling Act 1967-1979 Fa? letipngle 31 march

is referred to as the principal Act. /980.

(3) The principal Act as amended by this Act may

be cited as the Bulk Handling Act 1967-1981.

No. 3.] Bulk Handling. [1981.

Commence-

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

to be fixed by proclamation.

Section 5

3.    Section 5 of the principal Act is amended by

amended.

(a) inserting, before the definition of "bin", the following definition-

"authorized receiver" has the meaning given by section 4 of the Wheat Marketing Act 1979 and includes a licensed receiver within the meaning of section 5 of the Grain Marketing Act 1975; " ;

(b) deleting the definition of "dockage" and substituting the following definition

"dockage", in relation to grain tendered to or received by the Company, means the amount by which that grain is devalued, as determined by the application of the standard or standards in accordance with which the Company is obliged by section six A to make that determination or cause it to be made, by reason of the inferiority or variety or the admixture of foreign matter of that grain; " ;

(c) deleting the definition of "grade" and substituting the following definition

If "grade", in relation to grain tendered

to or received by the Company, means the grade as determined by the application of the standard or standards in accordance with which the Company is obliged by section six A to make that deter- mination or cause it to be made; " ;

and

1981.] Bulk Handling. [No. 3.

(d) inserting, after the definition of "grower", the following definition

eC "marketing authority" means The

Grain Pool of W.A., the Australian Wheat Board or any other market- ing authority constituted by or under any law of the Common- wealth or of the State for the marketing of any type of grain; " .

4. After section 6 of the principal Act, the Ti

following section is inserted-

" 6A. (1) Subject to this section, the =Nat	Company shall, in relation to grain tendered to of standards.
or received by it

(a)

in its capacity as an authorized receiver, determine or cause to be determined the dockage or grade of that grain in accordance with the most recent standard or standards notified in writing to the Company by the relevant marketing authority in respect of grain of the type concerned after consultation with the Company; or

(b)

otherwise than in its capacity as an authorized receiver, determine or cause to be determined the dockage or grade of that grain in accordance with the standard or standards for the time being adopted by the Company in respect of grain of the type concerned by arrangement with the relevant marketing authority and such other persons as the Company considers appropriate for the purposes of this Act.

(2) Whenever a standard or standards is or are notified in writing to, or adopted by, the Company under this section, the Company shall forthwith

(a) supply to the Director of Agriculture; and

No. 3.] Bulk Handling. [1981.

(b) cause to be published in The West Australian newspaper,

the text or texts of that standard or those

standards, as the case requires.

(3) The Company shall not determine or cause to be determined the dockage or grade of any grain tendered to or received by it in accordance with a standard or standards notified in writing to, or adopted by, the Company under this section until the Company has complied with the requirements of subsec- tion (2) of this section in relation to that standard or those standards.

(4) Until the Company has complied with the requirements of subsection (2) of this section in relation to a standard or standards notified in writing to, or adopted by, the Company under this section, the Company shall determine or cause to be determined the dockage or grade of any grain tendered to or received by it in accordance with the last previous standard or standards in relation to which the Company has complied with the requirements of that subsection. " .

Section 8

amended. 5. Section 8 (2) of the principal Act is amended

by deleting ", a member of the Western Australian

Barley Marketing Board".

Section 39D

Section 34D (1) of the principal Act is amended by deleting "Skeleton Weed (Eradication Fund) Act, 1974" and substituting the following-

amended. 6.

" Skeleton Weed and Resistant Grain Insects

(Eradication Funds) Act 1974 " .

Section 36

amended. 7. Section 36 of the principal Act is amended

(a) in subsection (1) by deleting "standard" and substituting the following-

" dockage and grade " ; and

1981.] Bulk Handling. [No. 3.

(b) in subsection (2) (d) by deleting "standard and dockage" and substituting the following-

" dockage and grade " .

Section 39

8. Section 39 (1) of the principal Act is amended by deleting "the thirty-first day of December, one thousand nine hundred and eighty-five" and sub- stituting the following- amended.

" 31 December 2000 " .

Section 43

9.	Section 43 of the principal Act is amended	amended.
(a) by repealing subsection (1);

(b) by inserting, after subsection (2), the following subsection-

" (2a) An officer of the Company who has made a determination under subsec- tion (2) in respect of wheat tendered to the Company by or on behalf of a grower may take, and deal with, a sample of that wheat in the manner prescribed by the regulations. "

(c) by inserting, after subsection (4), the following subsections-

" (4a) The Company may dispatch a sample of wheat taken under subsection (2a) or (4) of this section to the Australian Wheat Board for the deter- mination of the variety to which that sample belongs and shall, if it so dispatches that sample, inform the grower concerned accordingly.

(4b) The Company may, after having been informed by the Australian Wheat Board to what variety a sample of wheat dispatched under subsection (4a) of this section belongs, determine the dockage applicable to, or the grade of, the wheat

No. 3.] Bulk Handling. [1981.

from which that sample was taken or both that dockage and grade, as the case requires, and thereupon

(a)	that determination supersedes and replaces any determination of that dockage or grade or both, as the case requires, made under subsection (2) or (3) of this section; and
(b)	the Company shall inform the grower concerned of that determination. "

(d) in subsection (5) by inserting, after "and the determination shall,", the following--

" subject to subsection (5a) of this

section, " ; and

(e) by inserting, after subsection (5), the following subsection-

" (5a) A determination made by an officer of the Company in Perth or by the Department of Agriculture of the State under subsection (5) of this section

(a)	shall be made in accordance with the standard or standards in accordance with which the Company would, if it were making that determination or causing it to be made under this Act, be obliged by section six A to make that determination or cause it to be made; and
(b)	shall not comprise or include, as the case requires, the determina- tion of the variety of any wheat received by the Company. " .

Section 51

amended.

10. Section 51 (aa) of the principal Act is

amended by deleting "Skeleton Weed (Eradication

Fund) Act, 1974" and substituting the following--

"Skeleton Weed and Resistant Grain Insects

(Eradication Funds) Act 1974 " .

1981.] Bulk Handling. [No. 3.

Section 52

11. Section 52(3) of the principal Act is amended amended.

by inserting

(a) after "sections five,", the following-

" six A, " ; and

(b) after "to fifty inclusive,", the following-

" fifty-one " .

Section 53

12. Section 53 (2) of the principal Act is amended amended.

by deleting

(a) paragraph (c); and

(b) "grades of grain received by the Company are not below the limit of variations from the prescribed or adopted standards" in paragraph (d) and substituting the following

CC grain received by the Company is not

below the limit of variations from the relevant standards notified to, or adopted by, the Company under section six A " .