Bulk Handling Repeal Act 2000 (WA)
Western Australia
This Act was repealed by the
Western Australia
Western Australia
Bulk Handling Repeal Act 2000This Act may be cited as the
(1) This Act, other than section 7, shall not come into operation until the scheme of arrangement has been agreed to by the members of CBH in accordance with Part IV Division 12 of the
Companies (Co‑operative) Act 1943 .(2) Subject to subsection (7), if the scheme of arrangement specifies a day as the “appointed day”, this Act, other than section 7, comes into operation on the appointed day.
(3) Subject to subsection (7), if the scheme of arrangement specifies an event as the “section 2(3) event”, this Act, other than section 7, comes into operation on the happening of the section 2(3) event.
(4) Subject to subsection (7), if the scheme of arrangement specifies an event as the “section 2(4) event”, this Act, other than section 7, comes into operation immediately after the happening of the section 2(4) event.
(5) Subject to subsection (7), if the scheme of arrangement specifies an event as the “section 2(5) event” and a period as the “appointed period”, this Act, other than section 7, comes into operation at the end of the appointed period after the happening of the section 2(5) event.
(6) Subject to subsection (7), if the scheme of arrangement does not specify a day or event referred to in subsections (2) to (5), this Act, other than section 7, comes into operation on the day determined by the Minister after consultation with the board of directors of CBH.
(7) If this Act, other than section 7, has not come into operation on the day one month after the day on which CBH becomes a company registered under the Corporations Law, this Act, other than section 7, comes into operation on that first‑mentioned day.
(1) If this Act, other than section 7, does not come into operation before 30 October 2000, section 7 comes into operation on that day.
(2) If this Act, other than section 7, comes into operation before 30 October 2000, section 7 does not come into operation.
Section 31(6) of the
“
Not more than 6 months after a grower’s name is entered in the register the
”.
[* Reprinted 13 September 1993.
[ 14. Repealed by No. 30 of 2002 s. 47.]
33 of 2000 | 6 Jul 2000 | s. 1-3: 6 Jul 2000; s. 7: 30 Oct 2000 (see s. 3(1)); s. 14 repealed | |
30 of 2002 | 25 Oct 2002 | 31 Oct 2002 (see s. 2 and | |
70 of 2003 | 15 Dec 2003 | 21 Apr 2004 (see s. 2 and | |
33 of 2000 | 6 Jul 2000 | Not in operation (see s. 2) |
“
The Minister is to cause a notice specifying when this Act, other than section 7, came or will come into operation to be published in the
(a) if the scheme of arrangement specifies a day or event referred to in sections 2(2) to (5) as soon as practicable after the scheme of arrangement is agreed to by the members of CBH;
(b) if the Minister determines a day in accordance with section 2(6), as soon as practicable after the Minister makes the determination; or
(c) if the Act has not come into operation before the day on which CBH becomes a company registered under the Corporations Law, as soon as practicable after that day.
If this Act has not come into operation on the day 3 years after the day on which it receives the Royal Assent, it expires on that first‑mentioned day.
(1) In this Act —
(a) Co‑operative Bulk Handling Limited, a company registered under the
Companies (Co‑operative) Act 1943 ; or(b) a company registered under the Corporations Law into which Co‑operative Bulk Handling Limited is converted in accordance with the
Companies (Co‑operative) Act 1943 and the Corporations Law;
(a) proposed by CBH preparatory to the conversion of CBH from a company registered under the
Companies (Co‑operative) Act 1943 to a company registered under the Corporations Law; and(b) agreed to by the members of CBH in accordance with Part IV Division 12 of the
Companies (Co‑operative) Act 1943 .(2) Terms defined in the
Bulk Handling Act 1967 immediately before the commencement day have the same meaning in this Act as they had in that Act.
The
(1) Debentures issued before the commencement day in accordance with section 31 or 32 of the
Bulk Handling Act 1967 continue on and after that day on the terms on which they were issued.(2) If, before the commencement day, a grower paid a foundation toll or a port equipment toll but as at that day had not been issued a debenture in satisfaction of the debt created by that payment —
(a) the debt created by the payment of the toll remains payable by CBH to the grower on the terms set out in subsection (3); and
(b) CBH need not issue a debenture in respect of that debt.
(3) The terms of a debt referred to in subsection (2)(a) are that —
(a) no interest is payable in respect of the debt; and
(b) CBH —
(i) must repay the debt in full on or before 31 October in the year 10 years after the day on which the toll was entered in the relevant register; but
(ii) may repay all or part of the debt at any time before then.
Despite section 8 —
(a) section 52(1) and (2) of the
Bulk Handling Act 1967 ; and(b) those provisions of the
Bulk Handling Act 1967 referred to in section 52(3) of that Act that are set out in the Table to section 12,
continue to apply to and in relation to seeds received by CBH before the commencement day.
In the rateable year in which the commencement day occurs, the water rate specified in section 52A(1) of the
(1) Despite section 8, the provisions of the
Bulk Handling Act 1967 set out in the Table to this section continue to apply to and in relation to current grain.
s. 7 | s. 24 | s. 40 | s. 47 |
s. 11 | s. 34 | s. 41 | s. 48 |
s. 14 | s. 34D | s. 43 | s. 49 |
s. 15 | s. 35 | s. 44 | s. 50 |
s. 16 | s. 37 | s. 45 | s. 51 |
s. 18 | s. 38 | s. 46 |
(2) Despite section 8, the
Bulk Handling Act Regulations 1967 continue to apply to and in relation to current grain.
(1) If there is not sufficient provision in this Act for dealing with a matter that needs to be dealt with in connection with the repeal of the
Bulk Handling Act 1967 , the Governor may make regulations prescribing all matters that are required, or are necessary or convenient, for dealing with the matter.(2) Regulations made under this section may be expressed to have effect before the day on which they are published in the
Gazette .(3) To the extent that a regulation made under this section is expressed to have effect before the day of its publication in the
Gazette , it does not —(a) affect, in a manner prejudicial to any person (other than the State), the rights of that person existing before the day of its publication; or
(b) impose liabilities on any person (other than the State) in respect of anything done or omitted to be done before the day of its publication.
(1) The amendments in this section are to the
Plant Pests and Diseases (Eradication Funds) Act 1974 .(2) Section 4(1) is amended as follows:
(a) by deleting the definition of “Company”;
(b) in the definition of “crop year” by deleting “or to the Company”;
(c) in the definition of “receiver of grain or seed” by deleting “but does not include the Company”.
(3) Section 9(1), (2), (2a) and (4) are amended by deleting “to the Company or”.
(4) Section 10(c) and (d)(i) and (ii) are amended by deleting “Company or”.
(5) Section 12(2) is amended by deleting “The Company and every” and inserting instead —
“ Every ”.
The First Schedule to the
“ bulk grain handling facility ”.
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