Honey Pool Act 1955 (WA)

No. 11.1 Honey Pool. [1955.

HONEY POOL.

4° Elizabeth II., No. XI.

No. 11 of 1955.

AN ACT to constitute and incorporate The Trustees of the Honey Pool of Western Australia; to regulate the appointment of the Trustees, to define their Powers and Authorities, and for other and incidental purposes.

[Assented to 1st November, 1955.]

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

Short title

and com- 1. This Act may be cited as the Honey Pool Act,

mencement.

1955, and shall come into operation on a date to be

fixed by proclamation.

1955.] Honey Pool. [No. 11.

2.    In this Act unless the context requires other- Wieorg.'

wise

"Corporation" means The Trustees of the Honey Pool of Western Australia constituted and incorporated as hereinafter provided;

"Firm" means the firm registered under the Business Names Act, 1942, under the style of "The Trustees of the Honey Pool of Western Australia";

"honey" means honey of marketable quality;

"marketable quality" applied to honey, means honey in value equal to or above the mini- mum valuation fixed annually by the Trustees for pool appraisement;

"participant" means an owner of honey, whether he is the producer of the honey or not, who voluntarily submits his honey for sale through a pool;

"Trustees" means the persons who shall for the time being be members of the Corporation hereby constituted but does not include associate Trustees.

3.    (1) Samuel Charles Cook, of Coondle, apiarist; acfj,3fcr -

Harold Thomas Richards, of Wimbledon Street, tgatt,l,ejg. Queens Road, Guildford, apiarist, and Ronald Eri Moyle, of 140 Dalkeith Road, Nedlands, business manager, and their successors appointed or elected from time to time in manner hereinafter provided shall be a body corporate named "The Trustees of the Honey Pool of Western Australia," with perpetual succession and a Common Seal.

(2) The said Ronald En Moyle and other the appointed Trustee for the time being will be herein sometimes referred to as the "appointed Trustee" and the other three Trustees and other the elective Trustees for the time being will be herein sometimes

referred to as "elective Trustees".

No. 11.] Honey Pool. [1955.

The Corporation may sue and be sued, submit to arbitration, own, hold, and dispose of all kinds of property, and enter into and carry out such contracts and do, exercise and suffer such other acts, powers, and things as may be necessary or convenient for the purposes hereinafter mentioned.

(3)

(4) Excepting as hereinafter provided the Cor- poration shall always consist of four Trustees, but shall not be in any way incapacitated from exercising its rights and powers by reason of there being at any time less than four Trustees.

Proceedings of Trustees.

Meetings of

Trustees. 4. (1) The Trustees shall meet together for the transaction of business at such times and places as they may from time to time determine.

(2) Any three Trustees, present personally, shall

constitute a quorum at any meeting of the Trustees.

The Trustees shall cause to be kept correct minutes of all their meetings.

(3)

(4)	The appointed Trustee shall act as Chairman.
(5)

(a) The Chairman, when present, shall pre- side at any meeting of the Trustees.

(b) In the absence of the Chairman, the Trustees

present shall appoint a deputy Chairman, who shall

preside at that particular meeting of the Trustees.

(6) All questions arising at any meeting of the Trustees shall be decided by the votes of the majority of those present in person, but, in the case of equality of voting on a question, the decision on the question shall be deemed to be resolved in the negative.

Associate (7)

(a) For the purpose of training possible suc- cessors the Trustees may from time to time co-opt persons, but so that there shall never be more than three, to be known as "associate Trustees" to attend meetings of the Trustees.

Trustees.

1955.] Honey Pool. [No. 11.

(b) Associate Trustees may join in the discussions but shall not be counted in a quorum and shall not have power to vote.

5. (1) No act or proceeding of the Trustees shall `Ingtast,r

be invalid or illegal in consequence only of the Trustees.

number of the Trustees not being complete at the

time of such act or proceeding.

(2) All acts and proceedings of the Trustees shall, notwithstanding the discovery of any defect in the appointment of any Trustee, or that any Trustee was disqualified or dis-entitled to act, be as valid as if every such Trustee had been duly elected or appointed and was qualified and entitled to act and had acted as a Trustee, and as if the Corporation had been properly and fully constituted.

Appointment, Election, and Retirement

of Trustees.

6. (1) The appointed Trustee shall be a person kimsgseted

appointed by Westralian Farmers Co-operative Limited having its registered office at 569 Wellington Street, Perth, which Company may from time to time and at any time remove from office an appointed Trustee and appoint another person in the place of an appointed Trustee so removed or of an appointed Trustee who may die or resign or otherwise vacate office under this Act.

Every such appointment or removal shall be by resolution of the directors of the said Company.

(2)

The said Ronald Eri Moyle shall be deemed to

have been appointed as a Trustee by the said

Company.

(3)

7. (1) (a) On the thirty-first day of December mete=or

in each year, commencing on the thirty-first day of December, one thousand nine hundred and fifty- six, one elective Trustee shall retire from office and his place shall be filled by a person elected as herein

provided.

No. 11.1 Honey Pool. [1955.

The new Trustee so elected shall take office

from the date of the retirement of the Retiring

Trustee.

(b)

If for any reason a new Trustee is not elected, or if any new Trustee, having been elected, is unable to take office for any reason, the Trustee whose turn it is to retire shall retain his office until a new Trustee has been elected and assumes office.

(c)

(a) Of the original Trustees mentioned in section three of this Act

(2)

Samuel Charles Cook shall retire from office on the thirty-first day of December, one thousand nine hundred and fifty-six;

Harold Thomas Richards shall retire from office on the thirty-first day of December, one thousand nine hundred and fifty-seven; and

Robert Ernest Smith shall retire from office on the thirty-first day of December, one thousand nine hundred and fifty-eight.

(b) Except as provided otherwise in paragraph (a) of this subsection the term of office of an elective Trustee is three years from the thirty-first day of December on which the vacancy in the office to which he has been elected, last occurred by effiuxion of time.

(a) Elective Trustees, except the original Trustees named in section three of this Act, shall be elected by participants who have delivered honey to the Corporation or the Firm or both in connection with the last preceding honey pool in respect of which receivals of honey have ceased, and elections shall be held and conducted in such manner and at such times as shall be prescribed by regulations.

(3)

(b) By the regulations participants may be given voting rights varying according to the quantities of honey respectively delivered by them as aforesaid.

(a) Any retiring elective Trustee shall be eligible for re-election.

(4)

1955.] Honey Pool. [No. 11.

(b) Each candidate for office as an elective Trustee, whether a retiring elective Trustee or not, must be nominated in writing by two of the parti- cipants aforesaid.

8. The office of any Trustee shall become vacant „ET=tr

by reason of— office.

(a)	his absence from more than two consecutive regular meetings of the Trustees, unless he shall obtain the consent of the remaining Trustees to absent himself therefrom;
(b)	his becoming of unsound mind or being declared under any law for the time being relating to lunacy, incapable of managing his affairs;
(c)	his becoming bankrupt or taking the benefit of any Act for the relief of bankrupt or insolvent debtors;

(d) his resignation;

and the Governor may remove a Trustee on the

ground of misbehaviour or incapacity.

9. (1) In the event of any elective Trustee dying Crx.?,csetafe"n

or for any reason ceasing to be a Trustee, the surviv- ing or remaining Trustees may in their discretion appoint some other person to act in the place of the Trustee so dying or ceasing to be a Trustee, and any person so appointed shall be deemed to be one of the Trustees and shall have all the powers and authorities of the Trustee in whose place he shall have been appointed, and shall hold office for such period as the Trustee so dying or ceasing to be a Trustee as aforesaid would have held office had such office not become vacant.

(2) A certificate, purporting to have been signed by the secretary or acting secretary of the Corpora- tion as to such appointment, shall be deemed suffi- cient evidence to all persons and in all Courts that such appointment has been duly made and that the person named therein is one of the Trustees.

No. 11.] Honey Pool. [1955.

(3) So long as there are three Trustees in office, it shall not however be necessary to make any tem- porary appointment of a Trustee, and such three Trustees shall be deemed competent to act for all purposes.

Remuneration of Trustees.

Participants

10. The Trustees shall be entitled to such

to fix

Trustees'

remunera- remuneration as shall from time to time be fixed

ton.

in general meeting by participants who have in the year of the meeting delivered honey to the Corporation.

Indemnity of Trustees and Others.

Officers of

Corporation	11. (1) Every Trustee, secretary and other officer by the Corporation against all costs, losses, and expenses which any such Trustee, secretary, officer or servant may incur, pay or become liable for by reason of any contract entered into or act or thing done by him in the discharge of his duties, and the Corporation shall . pay all such costs, losses, and expenses out of the assets and funds in its possession.
indemnified
from losses.	or servant of the Corporation shall be indemnified
etc.
Liability of
officers of	(2) A Trustee secretary or other officer of the securities, and property actually received by him notwithstanding his signing any receipt for the sake of conformity, and shall be answerable and account- able only for his own acts, receipts, neglects, or defaults, and not for those of any other Trustee, secretary, or officer of the Corporation, nor for those of any banker, broker, or other person with whom any moneys, securities, or property vested in or held by the Corporation may be deposited, nor for the insufficiency or deficiency of any securities, nor for any other loss, unless the same happens through his own wilful default.
Corporation
limited to	Corporation shall be chargeable only for moneys,
own acts and
defaults.

1955.] Honey Pool. [No. 11.

Vesting of Property.

12. (1) All property of whatsoever nature or kind !I rnsna r.-velty and

of or belonging to or held by the Firm, including any Sunda if any,

reserve fund or funds established by the Firm at CosrtrVartion.

the request or by the authority of participants, who

prior to the coming into operation of this Act have

delivered honey to the Firm, and all accumulations

thereof, and all investments representing the same

shall, without any conveyance, transfer, or assign-

ment, by force of this Act, be vested in and held and

possessed by the Corporation; and all liabilities and

engagements of the Firm at the coming into opera-

tion of this Act shall become the liabilities and

engagements of the Corporation, and all uncom-

pleted contracts or engagements heretofore entered

into before the coming into operation of this Act

by any person or persons with the Firm shall, on the

coming into operation of this Act, to the extent that

the same are uncompleted, be deemed to have been

entered into with the Corporation.

(2) Subject to the provisions of this Act, and the borrowing and other powers herein contained, the Corporation shall hold any such reserve fund or funds, and all accumulations thereof, and all invest- ments representing the same upon the trusts on which the said fund or funds was or were held by the Firm.

Powers and Duties of Corporation.

To establish

13.

(1) The Corporation shall establish and maintain each year one or more separate voluntary	and maintain
honey pools.
honey pools for the reception, handling, sale and disposal of honey in continuity of the business conducted by the Firm prior to the coming into operation of this Act, and may do, exercise and perform all such acts and powers as may be necessary or convenient in relation thereto.
(2) The Corporation shall make and enter into contracts and arrangements with participants for	To contract
with parti-
cipants.
or in relation to the pooling of honey, and may

No. 11.] Honey Pool. [1955.

thereby reserve to the Corporation all such rights, powers, and authorities as the Trustees may consider incidental or conducive to the business of honey pooling, and the Corporation is hereby empowered to exercise and carry out all such rights, powers, and authorities.

To undertake

The Corporation may undertake and carry on any business transactions which may seem to the Trustees capable of being conveniently carried on in conjunction with, or as ancillary or incidental to, the powers, duties, and functions under this Act of the Corporation.

other (3)

business

transactions.

Special

powers.	(4) Without in any way limiting the general powers of the Corporation hereby given or by law implied, the Corporation shall have the following subsidiary powers
To act as
agent and

warehouse-	(a)	to act as agent or broker for any person
man.	or persons, and to carry on the business of warehousing in all its branches;
To open and
operate on	(b)	to open and operate upon banking accounts,
bank
accounts.	and to delegate to any person or persons power to sign and endorse in the name or on behalf of the Corporation cheques, bills of exchange and other negotiable instru- ments;
To contract.	(c)	to enter into all contracts whatsoever which the Trustees may deem necessary or expedi- ent in the exercising of the powers or performance of the duties by this Act conferred or imposed upon the Corporation;
To acquire	(d)	to purchase, take on lease, or otherwise
and deal in
property.	acquire and sell, dispose of, or otherwise deal with real and personal property of all descriptions, and to erect and maintain buildings and improvements;
To act as
Trustees of	(e)	to act as Trustee of any reserve fund or
reserve funds
and to	funds mentioned in section twelve of this
invest
moneys.	Act, and of any future reserve fund or funds created by all or any of the Corporation, participants who deliver honey to any pool

1955.] Honey Pool. [No. 11.

established by the Corporation, and pro- ducers of honey in Western Australia, and to amalgamate all or any of such reserve funds if the Trustees in their discretion shall deem it necessary or expedient so to do and from time to time invest any moneys forming part of any such reserve funds or the accumulations thereof in any invest- ments or securities which the Trustees shall think fit or in the purchase of real estate with power as to real estate to sell, transfer, improve, manage, develop, exchange, let, mortgage, or otherwise dispose of, deal with, or turn to account, the same;

(f) reserve funds from participants and or /13raedsserve

to accept contributions to any of such gi=tions tributions are made in cash or by delivery of honey or by prearranged deductions made by the Corporation of fractional portions of the proceeds of sale of honey delivered to the Corporation for sale by any of such persons or otherwise howsoever;

To use

(g) to apply all such reserve funds, and the accumulations thereof, and the investments

reserve funds

for various

purposes.

representing the same, in such manner as the Trustees may in their absolute dis- cretion consider beneficial to the system of co-operative honey pooling, or to producers of honey in Western Australia, or to both, and in such other manner as the Corpora- tion may be authorised to do by contracts made with contributors to any fund or funds.

To perform

(5) The Corporation shall perform and observe and may enforce all contracts made by the Firm

and enforce

contracts

made by

with participants, purchasers, and all other persons

Firm.

whomsoever.

(a) The Corporation may borrow or raise money in such manner and on such terms as the

To borrow

money for

honey

marketing

and

Trustees may think fit for the purpose of marketing

advances.

honey, and for other purposes, if so authorised by

(6)

No. 11.1 Honey Pool. [1955.

participants who deliver honey to the Corporation, and also to enable the Corporation to make interim payments to participants and other persons on account of honey so delivered, and, in order to secure moneys so borrowed or raised and interest thereon, may execute such securities as may be required by lenders of money, and, in particular, subject to any contract made by it with participants, may mort- gage, charge, hypothecate, or pledge pooled honey and negotiate any contracts, drafts, bills of exchange, bills of lading, notes, acceptances, orders, warehouse- receipts, storage warrants, and other documents relating thereto.

To borrow

The Corporation may for all or any other objects or purposes for which it has been constituted, or which it may by statutory authority or otherwise be leglly empowered to undertake or effect, borrow or raise money in such manner and on such terms as the Trustees may think fit, and secure the repayment thereof and all interest thereon by debentures or debenture stock, mortgage, charge, sub-charge or lien upon the whole or any part of the property, assets, or rights of the Corporation, excepting pooled honey, whether present or future, and upon any reserve fund or reserve funds held or to be held by the Corporation, and upon all accumulations thereof and the investments for the time being representing the same.

money for (b)

general

purposes.

Protection (c)

No person or persons lending money or other- Corporation shall be concerned to see or enquire as to the application thereof, or be affected by or accountable in respect of the loss or misapplication thereof.

to persons

lending

money to	wise granting monetary accommodation to the
Corporation.

Application of Companies Act, 1943.

Application

of Companies	14. The Corporation may make and enter into, would be by law entitled if it were a company registered under the Companies Act, 1943, and the Corporation shall be deemed to be an unregistered
Act regarding
contracts and	vary, or discharge contracts in such manner as it
winding-up.

1955.] Honey Pool. [No. 11.

company for the purpose of Part VIII of that Act, and shall be liable to be wound up under such Act accordingly.

Seal.

15.   The seal of the Corporation shall be in the alody of

custody or control of the Trustees, and the fixing of the seal to any document shall be attested by one of the Trustees and the secretary, or any person appointed by the Trustees in that behalf, and what purports to be such attestation shall be sufficient evidence of the authority to affix the seal.

Miscellaneous.

16. No honey received by the Corporation from ritc}c liable to

any participant or other person whomsoever for sale, ,i,etalcl,e„,oernt. by this Act conferred upon it.

nor any products of such honey, nor the proceeds

of the sale thereof, shall be liable to seizure or attach-

ment by or on behalf of any creditor of the Corpora-

tion, except only for the purposes or on account of

any security over such honey or the documents of

title thereto held by any creditor from whom the

17.    All honey delivered to the Corporation for sale acgit-ptoorgteion

shall be sold as provided in the contract made by the Frrgni vemeA,

Corporation with the participant or person deliver- nanoy,piolng ing the same, notwithstanding that he may have contract' given security over such honey or become bankrupt

or taken advantage of any statutory provision for the relief of debtors, or that any of his creditors may have seized or attempted to seize the same under any process of law.

The Corporation shall not attempt to make or make any profit out of the honey delivered to it	Corporation
not to make
profit out of
pooled
for sale, and no dividend shall be declared to any	honey.
person from the funds or assets of the Corporation:

18.

No. 11.] Honey Pool. [1955.

and contributions to any reserve fund from time to time received by the Corporation shall not be income in the hands of the Corporation nor taxable as such.

Accounts and

(1) The Corporation shall in every year not later than the thirty-first day of October take out a balance sheet showing all of its assets and liabilities, making due allowance for depreciation and such other reserves as are usual in respect of undertakings similar to that carried on by the Corporation, together also with a revenue account for the preced- ing twelve months, and shall within two months after the said date, forward the balance sheet and revenue account to the Minister for Agriculture for presentation to Parliament.

reports to 19.

Parliament.

(2) The Minister shall cause a copy of the same to be laid on the tables of both Houses of Parliament on the first sitting day after the receipt thereof.

Regulations, 20. The Governor may make regulations under this Act prescribing all such matters as by this Act are required or permitted to be prescribed or as may be necessary or convenient to be prescribed for giving effect to or achieving the objects of this Act and facilitating the exercise of its power by the Cor- poration.