Marketing of Potatoes Amendment Regulations 1995 (WA)
1 September 1995J GOVERNMENT GAZETTE, WA 4063 AG301
MARKETING OF POTATOES ACT 1946
MARKETING OF POTATOES AMENDMENT REGULATIONS 1995
Made by the Lieutenant-Governor and deputy of the Governor in Executive
Council.
Citation
1. These regulations may be cited as the Marketing of Potatoes Amendment Regulations 1995.
Commencement
2. These regulations shall come into operation on the day after the day
fixed for the coming into operation of section 4 of the Marketing of Potatoes
(Amendment) Act 1995.
" Potato Marketing Corporation of Western Australia Principal regulations
3. In these regulations the Marketing of Potatoes Regulations 1987* are referred to as the principal regulations.
[* Published in Gazette of 18 September 1987 at pp. 3659-89.
For amendments to 17 August 1995 see 1994 Index to Legislation of Western Australia, Table 4, p. 180.]
General amendment changing name of the body corporate
4. (1) The principal regulations are amended by deleting "Western Australian Potato Marketing Authority", wherever occurring, and substituting the following
| 4064 | GOVERNMENT GAZETTE, WA | Ii September 1995 |
(2) The principal regulations are amended by deleting "Authority", wherever occurring, and substituting the following -
I
Corporation
subject to the provisions of these regulations.
Regulation 2 repealed5. Regulation 2 of the principal regulations is repealed.
Regulation 3 amended
6. (1) Regulation 3 of the principal regulations is amended by deleting
the definition of "licence" and substituting the definition following
"licence" means an area licence -
(a) issued by the Corporation to the holder as a commercial producer; or (b) acquired by the holder as a commercial producer from another commercial producer by means of a transfer approved by the Corporation under the Act;
(2) Regulation 3 of the principal regulations is amended by inserting, in the appropriate alphabetical positions, the definitions following
"chief executive officer" means the person appointed under section 18 (4) of the Act as chief executive officer of the Corporation;
"domestic market entitlement" means, in relation to a relevant domestic marketing pool established under section 26 (2) of the Act, the respective entitlement allocated to each business registered;
"inspector" means a person appointed under section 18 (1) of
the Act to be an inspector for the purposes of the Act and,in so far as section 18 (5) permits, includes a reference
to (a) a person accompanying an inspector; and (b) the chief executive officer; "registration" means the registration of a business under section 22B of the Act; 13
Regulation 4 amended
7. Regulation 4 of the principal regulations is amended by deleting "member appointed to the Authority under section 7 (3) (c) of the Act" and substituting the following --
person to be eligible for appointment to the Corporation to represent commercial producers as an elective member of the Corporation in accordance with section 8 of the Act
1 September 19951 GOVERNMENT GAZETTE, WA 4065 Regulation 23 amended
8. Regulation 23 of the principal regulations is amended by deleting
"Sublect to" and substituting the following
11
For the purposes of
Regulation 24 amended
9. Regulation 24 of the principal regulations is amended by deleting
"Penalty: $200".
Part III repealed and substituted
10. The heading to Part III of the principal regulations and regulations 25,
26, 27 and 28 are repealed and the following substituted -
PART III - REMUNERATION OF MEMBERS
Members' remuneration
25. Members of the Corporation shall be entitled to, and be paid, remuneration and expenses in accordance with such recommendations of the Corporation as may be approved by the Commissioner for Public Sector Standards.
Regulation 29 amended
11. Regulation 29 of the principal regulations is amended -
(a) by deleting "appointed by the Authority"; and (b)
in paragraph (d) (ii), by deleting "or impound" and substituting the following -
or impound and cause to be taken before a justice,
Regulation 30 amended
12. Regulation 30 of the principal regulations is amended
(a)
by deleting "Where directed by the Authority an" and substituting the following --
Any
(b) by deleting "for the purpose of supervising" and substituting the following - 44
and may there examine and supervise "; and
(c)
by inserting, before "potatoes" in the second place where it occurs, the following
14 11 ware
| 4066 | GOVERNMENT GAZETTE, WA | [1 September 1995 |
Regulation 31 amended
13. Regulation 31 of the principal regulations is amended -
(a) by inserting, before "produced" the following -
sold or offered for sale, ";
(b) by deleting "so authorized" and substituting the following
an inspector, or in writing by any other officer or
employee of the Corporation,
(c)
by deleting "potatoes displayed for sale or held on the land or premises" and substituting the following -
those potatoes "; and
(d) by inserting, after "supplied", the following - or produce any sales docket, delivery note, consignment advice or other document disclosing that information
Regulation 32 repealed and substituted
14. Regulation 32 of the principal regulations is repealed and the following
substituted -
Identification of inspectors
32. A person appointed to be an inspector shall wear, or bear and display on demand, a certificate of appointment in the form of Form 1 in Schedule 2.
Regulation 33 repealed 15. Regulation 33 of the principal regulations is repealed and the following
substituted -
Infringement notices
33. (1) An infringement notice under section 40 of the Act
shall be in the form of Form 2 in Schedule 2.The offences prescribed for the purpose of section 40 are set out in the first and second column of Schedule 3 and the amount appearing in the final column of that Schedule, directly opposite an offence, is the prescribed modified penalty in respect of that offence if dealt with under that section.
(2)
A prescribed form of notice for withdrawing an
infringement notice under section 40 (6) shall be in the form of
Form 3 in Schedule 2.
(3)
1 September 19951 GOVERNMENT GAZETTE, WA 407 Part V repealed and substituted
16. The heading to Part V of the principal regulations and regulations 34,
35, 36, 37, 38 and 39 are repealed and the following substituted
PART V - REGISTRATION, AREA LICENSING,
ENTITLEMENTS AND PERMITS
Registration of the business of a commercial producer
34. (1) The chief executive officer shall cause a register to be
kept by the Corporation of all businesses registered under the Act
as being commercial producers.
An application for the registration of a business under the Act shall be made in the form of Form 4 in Schedule 2.
(2)
The certificate of registration of a business shall be in the form of Form 5 in Schedule 2.
(3)
An application for approval to the transfer of the
registration of a business shall be in the form of Form 6 in
Schedule 2.
(4)
Approval by the Corporation to the transfer of a
registration shall be signified by the grant of a revised certificate
of registration.
(5)
Area licences
35. (1) The chief executive officer shall cause a record to be
kept by the Corporation of all area licences issued under the Act.An application for an area licence under the Act shall be made in the form of Form 7 in Schedule 2.
(2)
(3) An area licence shall be in the form of Form 8 in
Schedule 2.
An application for approval to the transfer of an area licence shall be in the form of Form 9 in Schedule 2. (4)
Approval by the Corporation to the transfer of an area licence shall be signified by the issue of a revised area licence.
(5)
Substitution of the place to which a registration or area licence relates
36. (1) Where the operation of a particular registration or an area licence relates to a particular place a person who seeks to have its operation relate to some other place may apply in writing to the Corporation.
(2) The authorization by the Corporation of the operation of a registration or area licence having effect in relation to a place other than that to which it purports to relate shall be signified by the grant of a revised certificate of registration or the issue of a revised licence, which may include revised conditions.
| 4068 | GOVERNMENT GAZETTE, WA | [1 September 1995 |
Domestic market entitlements
37. (1) The chief executive officer shall cause a record to be kept by the Corporation of all domestic market entitlements allocated.
The certificate as to the domestic market entitlement
allocated to a registered business shall be in the form of Form 10
in Schedule 2.
(2)
An application for approval to the transfer of a domestic
market entitlement allocated to a business shall be in the form of
Form 11 in Schedule 2.
(3)
Approval by the Corporation to the transfer of a
domestic market entitlement shall be signified by the grant of a
revised certificate.
(4)
Permits
38. (1) The chief executive officer shall cause a record to be
kept by the Corporation of all permits granted under section 25 of
the Act.
An application for the grant of a permit to a grower shall
be made, in respect of the appropriate purpose, in the form of
Form 12 in Schedule 2.
(2)
A permit shall be granted, in respect of the appropriate purpose, in the form of Form 13 in Schedule 2.
(3)
Regulation 40 amended
17. Re0ation 40 of the principal regulations is amended by deleting "In this Part' and substituting the following -
For the purposes of this Part and any grade standards set by the
Corporation, 55
Regulation 41 repealed and substituted 18. Regulation 41 of the principal regulations is repealed and the following
substituted -
cx
Application
41. This Part does not apply -
(a)
to potatoes purchased by or delivered to a potato product manufacturer or potato exporter;
(b)
where potatoes are sold, or offered for sale, for use as seed for the propagation of ware potatoes; or
(c) to potatoes other than ware potatoes. 15
1 September 19951 GOVERNMENT GAZETTE, WA 4069 Regulations 42 to 50, inclusive, repealed and a new regulation substituted
19. Regulations 42 to 50, inclusive, of the principal regulations are repealed and the following substituted --
Division 2 - Standards to be set by the Corporation
42. The Corporation shall, by notice published in the Gazette
and in its newsletter, set standards in respect of(a) the condition in which ware potatoes to be delivered to the Corporation or its agents must be in order for the delivery not to be refused;
(b) the requirements ware potatoes must meet to be
graded in any particular class as to -
(i) quality; and
(ii) size,
and the tolerances permitted; and
(c) packaging.
Heading substituted
20. The heading to Division 6 of Part VI of the principal regulations is repealed and the following substituted
Division 3 - Presentation of ware potatoes for sale
Regulation 51 amended
21. Regulation 51 (1) of the principal regulations is amended by deleting "Each package" and substituting the following
rzi
Every package of ware potatoes offered for sale, whether wholesale or retail,
Regulation 52 amended
22. Regulation 52 of the principal regulations is amended -.
(a) by deleting "Packages into which potatoes are to be packed" and substituting the following Any form of packaging used to present ware potatoes offered for sale, whether wholesale or retail,
(b) after paragraph (c), by adding the following - 44
and
| 4070 | GOVERNMENT GAZETTE, WA | . [1 September 1995 |
(c)
in paragraph (d), by deleting "from damage; and" and substituting a full stop; and
(d) by deleting paragraph (e).
Regulation 53 amended
23. Regulation 53 of the principal regulations is amended -
(a) in subregulation (1) (i) by deleting "The package in which potatoes are sold shall be labelled "POTATOES" and shall specify - " and substituting the following -
Any person who offers for sale, whether wholesale or retail, ware potatoes which are packed, or are repackaged, shall ensure that those potatoes are marked, either on the packaging or by way of a label, with the description "POTATOES" and with
and
(ii) in paragraph (e), by deleting "by means of a tag or stamp";
and (b) in subregulation (2), by deleting "Trade description details shall be" and substituting the following -
The information required under subregulation (1) shall be marked
Regulation 54 repealed
24. Regulation 54 of the principal regulations is repealed.
Regulation 55 repealed and substituted
25. Regulation 55 of the principal regulations, and the heading preceding it, are repealed and the following substituted -
Division 4— Offences
Grading, siting and packaging of ware potatoes
55. Unless those potatoes are to be purchased by or delivered to the Corporation or an agent on behalf of the Corporation, a person who packs, or who causes to be packed, any ware potatoes
(a) to which this Part applies; and (b) which are for sale, whether wholesale or retail; and (c)
not graded, sized, packaged, and marked in accordance with the requirements of this Part,
commits an offence.
Penalty: $5 000.
I September 19951 GOVERNMENT GAZETTE, WA 4071 New Parts inserted
26. The principal regulations are amended by inserting, after regulation 55,
the new headings and regulations following --
PART VII— SEED POTATOES
Seed potato sales
56. A commercialproducer who sells potatoes as seed potatoes shall furnish, within 7 days of the end of each calendar month, to the Corporation a return in the form of Form 14 in Schedule 2.
Seed potato production
57. Potatoes purporting to be propagated for use as seed, whether or not intended for the growing of ware potatoes, are potatoes
(a)
the production of which is to be monitored and may be regulated under the Act; and
(b)
to which the provisions of Part VIII of these regulations apply.
PART VIII— PLANTING, HARVESTING AND DELIVERY
Planting declarations
58. A commercial producer whoplants potatoes shall, within 7
days of the last planting date to which the relevant area licence relates, furnish to the Corporation a declaration in the form of Form 15 in Schedule 2.
Notice of intention to harvest
59. A commercial producer who intends to harvest potatoes shall, not later than 7 days before commencing to harvest, furnish to the Corporation a notice of intention in the form of Form 16 in Schedule 2.
Notice of harvest and delivery 60. Where potatoes are harvested by a commercial producer that grower shall, within 7 days of the completion of the harvest, furnish to the Corporation a notice of harvest and delivery in the form of Form 17 in Schedule 2.
Notice of deliveries received
61. A potato product manufacturer or potato exporter receivin
potatoes shall, within 7 days of receipt of those potatoes, furnis
to the Corporation a notice of receipt in the form of Form 18 inSchedule 2.
Consignment advices, and prescribed information
62. (1) The grower shall cause any potatoes sold or delivered by that grower to be accompanied by a consignment advice in the form of Form 19 in Schedule 2.
| 4072 | GOVERNMENT GAZETTE, WA | Iii September 1995 |
(2) A person, other than the Corporation or an agent authorized to act on behalf of the Corporation, who deals in potatoes as owner or agent, or is concerned in the transport or handlin of potatoes, or otherwise has the custody of potatoes, in a quantity exceeding 50 kilograms in weight, shall furnish to an inspector on demand
(a) a relevant consignment advice; or (b) a sales docket or delivery note which
(I) identifies those potatoes by reference to the number of bins, quantity by weight or specific packaging; (ii) specifies the variety of potato; (iii) specifies from where the potatoes were obtained, by reference to the area licence and the registered business name under these regulations of the commercial producer concerned; (iv) identifies the relevant consignment advice which related to those potatoes as sold or delivered by the grower; (v) if the potatoes are to be sold or delivered to a wholesale merchant, potato product manufacturer or potato exporter, specifies the relevant business; (vi) if the potatoes are to be sold or delivered for any use other than sale to a wholesaler, manufacture or export, specifies the use and identifies the user; (vii) identifies any agent concerned;
and(viii) identifies the carrier and the vehicle.
(3) A person consigning any potatoes which are not containing the information required to be furnished under
accompanied by a relevant consignment advice shall cause those potatoes to be accompanied by a sales docket or delivery note
subregulation (2). (4) A person who contravenes or fails to comply with subregulation (1), (2) or (3) commits an offence.
Penalty: $5 000. Certificate of refusal
63. A certificate of refusal for the purposes of section 23 (2) of the Act shall be in the form of Form 20 in Schedule 2.
Notice of claim
64. A notice of claim for the purposes of section 34 (3) of the Act shall he in the form of Form 21 in Schedule 2.
1 September 19951 GOVERNMENT GAZETTE, WA 4073 Notice of security
65. A notice of particulars as to a security for the purposes of section 35 (1) of the Act shall be -
(a) when given by the grower, in the form of Form 22; or (b)
when given by the person entitled to the benefit of the security, in the form of Form 23,
in Schedule 2.
PART IX - AGENTS
Primary Potato Agents
66. (1) Subject to any direction given on behalf of the
Corporation, the functions of a person appointed by the
Corporation to act as a Primary Potato Agent shall be
(a) to receive applications for any
(i) registration of a potato growing business; (ii) potato growing area licence; (iii) transfer of registration, area licence or domestic market entitlement; or (iv) permit under section 25 of the Act, and, having ensured the accuracy of the information in the application, to forward it to the Corporation promptly;
(b) to collect any
(i) planting declaration;
(ii) notice of intention to harvest;
(iii) notice of harvest and delivery; or
(iv) details of seed sales to growers,
and to ensure the accuracy of the information and to forward the documents to the Corporation promptly;
(c) to assist growers in the transfer of any registration, area licence or domestic market entitlement;
(d) to issue to growers the prescribed forms to be used as consignment advices for deliveries of potatoes;
(e) to liaise between the Corporation and growers, as required by the Corporation;
(t)
to assist growers with seed potato purchases and sales;
(g)
to collect levies and charges and forward them to the Corporation;
(h) for ware potatoes, to -
(i)
submit weekly offers of potatoes to the Corporation;
| 4074 | GOVERNMENT GAZETTE, WA | [1 September 1995 |
(ii) notify growers of delivery quotas;
(iii) arrange consignment of the potatoes;
(iv) supervise deliveries;
(v) forward consignment details to the Corporation;
(vi)
forward weekly delivery advices to the Corporation; and
(vii) report to and advise the Corporation of details
of ware potato crops.
(2)
notices as the Corporation may direct and, as far as possible,
ensure that directions of the Corporation are given effect to.The Agent shall promptly transmit to growers such (3) The Agent shall -
(a) keep such books and records as and in the form that the Corporation may require; (b) promptly transmit such copies or extracts as the Corporation may request; and (c) at all times, permit the Corporation or its nominees to inspect and take copies of all such books and records. (4) It is a condition of every appointment as a Primary Potato Agent that the appointee shall not, unless specifically so authorized in terms of a separate appointment, -
(a) sell ware potatoes -
(i) to wholesale merchants;
(ii) as a wholesale merchant, unless appointed by the Corporation as a wholesale merchant; or
(iii) to retailers or consumers; or
(b) import potatoes from any other State of the
Commonwealth.
Wholesale Potato Merchant (Packing and Grading) 67. (1) Subject to any direction given on behalf of the Corporation, the functions of a person appointed by the Corporation to act as its agent in the capacity of a Wholesale Potato Merchant (Packing and Grading) shall be --
(a) to receive delivery of ware potatoes from registered and licensed growers; (b) to undertake washing, brushing, grading and packing of ware potatoes in accordance with such directions as may be issued by the Corporation from time to time; (c) to maintain records on a daily basis of all potatoes received, washed, brushed, graded and packed, clearly indicating - (i) the name of the grower of each consignment;
1 September 19951 GOVERNMENT GAZETTE, WA 4075 (ii) the variety and weight of potatoes received from each grower;
(iii) the number of the consignment advice accompanying those potatoes; and
(iv) the weight of each grade or grades into which each consignment from every grower is packed;
and (d) to submit to the Corporation, on a daily basis, packout statements for each consignment of potatoes washed, brushed and graded.
(2) The Agent shall permit the Corporation and its inspectors to supervise the grading of any and all potatoes washed, brushed and packed.
(3) The Agent shall
(a) keep such books and records as and in the form that the Corporation may require; (b) promptly transmit such copies or extracts as the Corporation may request; and (c) at all times, permit the Corporation or its nominees to inspect all such books and records.
(4) It is a condition of every appointment as a Wholesale Potato Merchant (Packing and Grading) that the appointee shall not, unless specifically so authorized in terms of a separate appointment
(a) sell or otherwise dispose of ware potatoes
(i) other than to Wholesale Potato Merchants (Distributors);
(ii) to a Wholesale Potato Merchant (Distributor), unless appointed by the Corporation as a wholesale merchant; or
(iii) to retailers or consumers;
or (b) import potatoes from any other State of the
Commonwealth.
The Agent shall at all times comply with such guidelines as may be established by the Corporation from time to time as to the standards of machinery, buildings and fixtures, storage and access.
(5)
Wholesale Potato Merchant (Distributor)
68. (1) Subject to any direction given by or on behalf of the Corporation, the functions of a person appointed by the Corporation to act as its agent in the capacity of a Wholesale Potato Merchant (Distributor) shall he -
(a) to take delivery of ware potatoes from -
(I) the Corporation;
| 4076 | GOVERNMENT GAZETTE, WA | [1 September 1995 |
(ii) another appointed Wholesale Potato Merchant (Distributor); or
(iii) any appointed Wholesale Potato Merchant (Grading and Packing);
(b) to sell or otherwise dispose of potatoes to
(i) retailers of potatoes, for retail sale;
(ii) persons who require potatoes for use in providing meals for customers, employees or guests;
(iii) the inmates of an institution; or
(iv) potato product manufacturers, or potato exporters;
and (c) to maintain records on a daily basis of all potatoes accepted, clearly indicating
(i) the name of the supplier of each consignment;
(ii) the variety and weight of each consignment;
(iii) the number of the consignment advice originally accompanying those potatoes; and
(iv) the weight of each grade or grades into which each consignment had been packed.
(2) The Agent shall
(a)
keep such books and records as and in the form that the Corporation may require;
(b)
promptly transmit such copies or extracts as the Corporation may request; and
(c)
at all times, permit the Corporation or its nominees to inspect all such books and records.
(3) It is a condition of every appointment as a Wholesale Potato Merchant (Distributor) that the appointee shall not, unless specifically so authorized in terms of a separate appointment, -
(a)
sell or otherwise dispose of ware potatoes to the public at large;
(b)
import potatoes from any other State of the Commonwealth; or
(c) accept delivery of potatoes from growers. Persons may deal with the Corporation through Agents
69. It shall be sufficient compliance with a requirement of the Act or these regulations if a person who is required to apply to or deal with the Corporation applies to or deals with an agent authorized to act on behalf of the Corporation.
1 September 19951 GOVERNMENT GAZETTE, WA 4077
PART X - GENERAL
Reserve fund
70. For the purposes of section 30 (3) of the Act
(a)
the portion that may be deducted shall not exceed 2%, as the Corporation may from time to time determine; and
(b) the reserve fund shall be maintained for the purpose of-
(i) market research and development; and
(ii) research into matters related to the production, transport, handling, treatment, washing and packing of potatoes.
False statements
71. A person who knowingly makes a false statement in or in relation to any application or other document required under these regulations commits an offence.
Penalty: $5 000 General penalty
72. A person who contravenes or fails to comply with any provision of these regulations commits an offence and is liable, where no other penalty is expressly provided, to a penalty of $2000.
15
Part VI and Part VII repealed
27. (1) The heading "Part VI", where it appears following regulation
55, and regulation 56 of the principal regulations are repealed.
(2) The heading "Part VII" and regulations 57 and 58 of the principal
regulations are repealed.
Schedule 2 repealed and a new Schedule substituted
28. Schedule 2 to the principal regulations is repealed and the following
Schedule substituted -
SCHEDULE 2
PRESCRIBED FORMS
Form 1 [Reg. 321
Marketing of Potatoes Act 1946
CERTIFICATE OF APPOINTMENT AS INSPECTOR
This is to certify that
(Full name of person appointed)
has been appointed by the Potato Marketing Corporation of Western Australia
as an inspector under the Marketing of Potatoes Act 1946.
Chief Executive Officer to the Corporation.
Dated
| 4078 | GOVERNMENT GAZETTE, WA | [1 September 1995 |
Form 2
[Reg. 33 (I)]
Marketing of Potatoes Act 1946
PART C DEFENDANTS COPY This space for cash register imprint
To be retained by CashierOFFICE COPY ONLY
Please do not detach from Part B
PART B DEFENDANTS COPY This space for cash register imprint
INFRINGEMENT NOTICE No Marketing of Potatoes Act, s. 40
Date of issue
SURNAME ....................... ....................
(G iven names) ADDRESS (Number and Street)
(Town and Suburb) (Postcode)
It is alleged that at ......hrs. on ......day . J. J. . you committed the offence of .............................................
(Nature of Offence) (Prescribed penalty) at.................................
(Road/Street)
(Locality)
Inspector ............................... No...................
TAKE NOTICE THAT:
If you do not wish to have a complaint of the alleged offence heard and determined by a court, pay to the office specified on the reverse of this notice, within 28 days, the prescribed penalty.
If within 28 days from the Date of Issue you do not pay the penalty above, FURTHER ACTION WILL BE TAKEN in respect of the offence, and you will incur further costs.
COURT:
If you wish the matter to be dealt with by a court, do not pay the Infringement Notice. You should advise the chief executive officer of the Potato Marketing Corporation of your intention, in writing, before the due date otherwise further costs will be incurred.
I September 19951 GOVERNMENT GAZETTE, WA 4079 CREDIT CARD PAYMENTS COMPLETE ALL DETAILS
PLEASE DEBIT MY CREDIT CARD ACCOUNT: -
BANKCARD ......MASTERCARD ......VISA CARD ......
AMOUNT ..........CARD NUMBER .................... CARDHOLDER NAME ..................................... SIGNATURE ....................EXPIRY DATE .........
Reverse of Form
WHERETO PAY
(The office to which payment may be made is to be specfled here.)
Form 3
[Reg. 33 (3)]
Marketing of Potatoes Act 1946
WITHDRAWAL OF INFRINGEMENT NOTICE
SURNAME ..........................................
(Block letters) (Given names)
ADDRESS
(Number and Street)
(Town and Suburb) (Postcode)
Infringement Notice No.............Date / for the alleged /
offence
of.....................................Penalty S....... is hereby withdrawn. (a) No further action will be taken. (b) It is proposed to institute court proceedings for the alleged offence.
(Strike out that not applicable)
Signed by
(name)
for the Potato Marketing Corporation
of Western Australia.
Dated....................
| 4080 | GOVERNMENT GAZETTE, WA | [1 September 1995 |
Form 4
[Reg. 34 (2)]
Marketing of Potatoes Act 1946
APPLICATION FOR THE REGISTRATION OF A BUSINESS
AS A COMMERCIAL PRODUCER OF POTATOES
[/We,
(Name of each person making application)
hereby apply for registration of ................................ (Name in which business is to be registered)
as a commercial producer of potatoes.
Registration numbers currently/previously held
Location of business ........................................ Postal Address ............................................
Telephone
Facsimile ........................
Capacity in which the applicant is concerned with the business ..........
Nature of activities: (Delete if not to be an activity of the business) to grow potatoes for sale
- to consumers in the State
- as a potato product
to a manufacturer of a potato product
for export
- when exported
for propagation
to grow potatoes for propagation for own use
to grow potatoes for ............. (purpose to be specified)
Signed ................
Dated
Form 5
[Reg. 34 (4)]
Marketing of Potatoes Act 1946
CERTIFICATE OF REGISTRATION OF A BUSINESS
AS A COMMERCIAL PRODUCER OF POTATOES
Registration number
Name of holder
Registered business name as a
commercial producer ........................................
I September 19951 GOVERNMENT GAZETTE, WA 4081
Location of business ........................................ Postal Address ............................................ Telephone
Facsimile ........................
Nature of activities: (delete f not to be an activity of the business)
to grow potatoes for sale
to consumers in the State
- as any potato product
- to a manufacturer of a potato product- for export
when exported
- for propagation
to grow potatoes for propagation for own use
to grow potatoes for .............(purpose to be specified)
Duties imposed on holders ....................................
Other terms, conditions and restrictions ...........................
Registration valid for ................. (period to be specified).
Signed by ................
for the Potato Marketing Corporation (name) of Western Australia.
Dated
Form 6
[Reg. 34 (5)]
Marketing of Potatoes Act 1946
APPLICATION FOR TRANSFER OF THE REGISTRATION
OF A BUSINESS
I/We,
(Name of each person making application)
hereby apply for transfer of the registration of ...................... (Registered business name as a commercial producer) Registration number ................. to..................................................... (Name of person to whom the registration is sought to be transferred)
Name in which business is to be registered as a commercial producer
| 4082 | GOVERNMENT GAZETTE, WA | Li September 195 |
Location of business ........................................ PostalAddress ............................................ Telephone
Facsimile ...........
Nature of activities: (delete if not to be an activity of the business) to grow potatoes for sale
- to consumers in the State- as a potato product
- to a manufacturer of a potato product
for export
when exportedfor propagation
to grow potatoes for propagation for own use
to grow potatoes for ............. (purpose to be spec/tied)
Signed ................
Dated
Name of current holder ...................................... Consent of current holder
Form 7 [Reg. 35 (2)]
Marketing of Potatoes Act 1946
APPLICATION FOR POTATO CROWING AREA LICENCE
Name of grower applying for an area licence .......................
Registered business name as a commercial producer ..................
Registration number
Location of the business
Postal address
Telephone
FacsimileLand to which the application relates (to be specified) ................
Location ...............................
LotNo.................................
1 September 19951 GOVERNMENT GAZETTE, WA 4083
Size of activity: Total area to be planted (hectares) ............. Total quantity to be produced (tonnes) Area in hectares to be planted by variety (variety to be specified) .............................
Quantity to be produced by variety (variety to be sped/led) .............................. Nature of activities: (delete if not to he an activity of the business)
to grow potatoes for sale
to consumers in the State
as a potato product
- to a manufacturer of a potato product
for export
when exportedfor propagation
to grow potatoes for propagation for own use
to grow potatoes for ......................
(purpose to be spec/led)
Area Licence numbers currently held
Delivery schedule .......................................... Signed Dated
Form 8
[Reg. 35 (4)]
Marketing of Potatoes Act 1946
POTATO CROWING AREA LICENCE
Licence Number ........................................... Name of holder
Registered business name as a commercial producer ..................
Registration number
Location of the business..................................... Postal address
Telephone
Facsimile
| 4084 | GOVERNMENT GAZETTE, WA | [1 September 1995 |
Land to which the application relates (to be specified) ................
Location...............................
LotNo.................................
Size of activity: Total area to be planted (hectares) ............. Total quantity to be produced (tonnes) .......... Area in hectares to be planted by variety (variety to be specified) .............................
Quantity to be produced by variety (variety to be specified) ...............................
Nature of activities: (delete if not to be an activity of the business) to grow potatoes for sale
to consumers in the State
- as a potato product
- to a manufacturer of a potato product
- for exportwhen exported for propagation
to grow potatoes for propagation for own use
to grow potatoes for ......................
(purpose to be specified)
Delivery schedule .......................................... Duties imposed on holder .................................... Other terms, conditions and restrictions ...........................
Registration valid for (period to be specified) ...................... Signed by ................ for the Potato Marketing Corporation (name) of Western Australia.
Dated
Form 9
[Reg. 35 (5)]
Marketing of Potatoes Act 1946
APPLICATION FOR TRANSFER OF AREA LICENCE
1/We, (Name of each person making application) .................... hereby apply for the transfer of - Area Licence number ................................... Name of current holder ..................................
I September 19951 GOVERNMENT GAZETTE, WA 4085 Registered business name as a
commercial producer ....................................
Registration number .................................... to -
(Name qf grower to whom the area licence is to be transferred) .....
Registered business name as a
commercial producer ....................................
Registration number .................................... Land to which the application relates (to be specified)
Location ...............................
LotNo.................................
Size of activities:
Total area to be planted (hectares) .............
Total quantity to be produced (tonnes)
Area in hectares to be planted by variety (variety to be specfled) ..........................
Quantity to be produced by variety (variety to be specfled) ..........................
Nature of activities: (delete if not to be an activity of the business) to grow potatoes for sale - to consumers in the State
as a potato product
- to a manufacturer of a potato product
- for export - when exported - for propagation to grow potatoes for propagation for own use
to grow potatoes for ......................
(purpose to be spec/led)
Delivery schedule
Signed Dated Consent of current holder
signed
| 4086 | GOVERNMENT GAZETTE, WA | [1 September 1995 |
Form 10
[Reg 37 (2)]
Marketing of Potatoes Act 1946
CERTIFICATE OF DOMESTIC MARKET ENTITLEMENT
Entitlement Number ........................................ Name of holder Registered business name as a
commercial producer ........................................
Registration number ........................................ Area Licence number ..................(authorizing the growing of potatoes for sale to consumers in the State)
Location of the business
Postal address
Telephone ..........
FacsimileSize of Domestic Market Entitlement: (spec(fy by variety)
Total area to be planted (hectares) .............
Total quantity to be produced (tonnes) ..........
Variety.................................
Area in hectares to be planted by variety (variety to be specified) ..........................
Quantity to be produced by variety (variety to be specified) ..........................
..........................................
Delivery schedule
Duties imposed on holder
Other terms, conditions and restrictions
Entitlement valid for (period to be specified)
Signed by ................
(name)
for the Potato Marketing Corporation
of Western Australia.
Dated
1 September 19951GOVERNMENT GAZETTE, WA 4087
Form II
[Reg. 37 (3)]
Marketing of Potatoes Act 1946
APPLICATION FOR TRANSFER OF DOMESTIC MARKET
ENTITLEMENT
I/We, (Name of each person making application)
hereby apply for transfer of Domestic Market Entitlement numberfrom -
Name of current holder ..................................
Registered business name as a
commercial producer ....................................
Registration number .................................... to
Name of grower to whom the Domestic Market Entitlement is to be transferred. ...........................................
Registered business name as a
commercial producer
Registration number .................................... Area Licence number ...............(authorizing the growing of potatoes for sale to consumers in the State)
Area Licence numbers currently held ........................
Location of business ....................................
Postal address
Telephone ......
FacsimileSize of Domestic Market Entitlement: (specify by variety)
Total area to be planted (hectares) ............. Total quantity to be produced (tonnes) .......... Variety................................. Area in hectares to be planted by variety (variety to be specified) .......................... Quantity to be produced by variety (variety to be specified) ..........................
Delivery schedule
Signed Dated
Consent of current holder signed .............................
| 4088 | GOVERNMENT GAZETTE, WA | Li September 1995 |
Form 12
[Reg 38 (2)]
Marketing of Potatoes Act 1946
APPLICATION BY GROWER FOR PERMIT TO PURCHASE,
SELL OR USE POTATOES
Name of grower applying for permit .............................
Registered business name as a commercial producer ..................
Registration number
Area Licence number
Location of business ........................................ Postal Address ............................................ Telephone Facsimile hereby applies for a permit, in respect of .......tonnes of ...... (variety)
potatoes; to - (delete as may be appropriate)
(a) purchase potatoes From......................................
Registered business name of a
commercial producer ...........................
Registration number
Delivery schedule .............................
The potatoes will be used for .........•.••
(purpose to be specified);
(b) sell potatoes To........................................
Postal address ................................
Delivery schedule .............................
The potatoes will be used for ..........................
(purpose to be specified);
(c) use potatoes grown by myself;
grown under my control,
under Area Licence number ........in or in connection with
a:
Catering
Manufacturing
Other......................................
(nature to be specified),
business owned or conducted by me;
I September 19951 GOVERNMENT GAZETTE, WA 4089
(d) sell and deliver potatoes to a potato product manufacturer Name of manufacturer ..........................
Delivery schedule .............................
(e) sell and deliver potatoes to a potato exporter Name of exporter
Delivery schedule .............................
Signed ................
Dated
Form 13
[Keg 38 (4)]
Marketing of Potatoes Act 1946
PERMIT FOR GROWER TO PURCHASE, SELL OR USE POTATOES
Permit Number ............................................ Name of holder
Registered business name as a commercial producer ..................
Registration number ........................................ Area Licence number
Location of the business
Postal address
Telephone
FacsimilePermit, in respect of ........tonnes of ............ (variety) potatoes,
to - (delete as may be appropriate)
(a) purchase potatoes From......................................
Registered business name if a commercial producer ......
Registration number
Delivery schedule .............................
to be used for .....................(purpose to be
specfled;
(b) sell potatoes To........................................
Postal address ................................ Delivery schedule .............................
to be used for .....................(purpose to be
specified);
| 4090 | GOVERNMENT GAZETTE, WA | [1 September 1995 |
(c) use potatoes - grown under area Licence number;
other (specify),
to be used for .....................(purpose to be
specified);
(d) sell and deliver potatoes to a potato product manufacturer Name of manufacturer ..........................
Delivery schedule .............................
(e) sell and deliver potatoes to a potato exporter
Name of exporter ............................. Delivery schedule .............................
Duties imposed on holder .................................... Other terms, conditions and restrictions ...........................
Permit valid for .........(period to be specified)
Signed by ................
for the Potato Marketing Corporation (name) of Western Australia.
Dated
Form 14
[Reg. 56]
Marketing of Potatoes Act 1946
DETAILS OF SEED SALES TO GROWERS
For the month of ..........
Name of seller .............................................
Registered business name as a commercial producer ........................................
Registration number ........................................ Area Licence number ....................................... Location of business ........................................
Postal
Address
............................................ ..........
Telephone
Facsimile
Primary Agent (to be spec/Ied, where an agent is used) ...............
Date Sold to Variety Tonnes Gross Trust Admin- Seed Total (grower's sale price Fund iStration inspection payable name) ($/tanne) Levy charges charge Corpor- to ation
Signed
Date
I September 1995]GOVERNMENT GAZETTE, WA 4091
Form 15
[Reg. 571
Marketing of Potatoes Act 1946 PLANTING DECLARATION
Name of grower .............................................. Registered business name as a
commercial producer ...........................................
Registration number ...........................................
Area Licence numbers ......................................... Total licensed area (hectares) .................................... Domestic Market Entitlement number .............................
Location of business
........................................... ...............................................
PostalAddress Telephone
Facsimile ................
Primary Agent (to be specified, where an agent is used) .................Ware potatoes - Licence number .........Domestic Market Entitlement number ...........
Variety Area planted Delivery
(ha) schedule
Date Tonnes commencing
Total Location of property on which the crop is planted
(to be specified)
Seed potatoes Licence number
Variety Area planted Own use Delivery
(ha) (tonnes) schedule
Date Tonnes commencing
Total
| 4092 | GOVERNMENT GAZETTE, WA | [1 September 1995 |
Location of property on which the crop is planted .....................
(to be specified)
Potatoes for manufacture - Licence number
Variety Area planted M an u fact - Delivery
(ha) urer schedule
Date Tonnes commencing
Total
Location of property on which the crop is planted (to be specified) Potatoes for export - Licence number
Variety Area planted Exporter Delivery (ha) schedule
Date Tonnes commencing Total Location of property on which the crop is planted .....................
(to be specified)
Potatoes for other purpose (please specify) ..........- Licence number
Variety Area planted Exporter Delivery (ha) schedule
Date Tonnes commencing Total Location of property on which the crop is planted .....................
(to be specified)
Potatoes for other purpose (please specify) .......... - Licence number
Variety Area planted Exporter Delivery (ha) schedule
Date Tonnes commencing Total Location of property on which the crop is planted .....................
(to be specified)
Any other grower's Area Licence grown Grower
Area Licence numberAny Area Licence leased Grower
Area Licence numberSigned ................
Dated ................
1 September 19951 -. GOVERNMENT GAZETTE, WA 4093
Form 16
[Reg. 58]
Marketing of Potatoes Act 1946
NOTICE OF INTENTION TO HARVEST
Name of grower ..............................................
Registered business name as a
commercial producer ...........................................
Registration number ...........................................
Area Licence number .......................................... Domestic Market Entitlement number (if applicable) ..................
Location of business ........................................... Postal Address ...............................................
Telephone
Facsimile ................
Primary Agent (to be specified, if an agent is used) ....................
Area planted Variety Harvest Estimated for delivery to Date of (ha) commencing
dateyield (tonnes) (to be specified) delivery Location of property on which the crop is planted .....................
(to be specified)
Signed ................
Dated ................
Form 17
[Reg. 591
Marketing of Potatoes Act 1946
NOTICE OF HARVEST AND DELIVERY
Name of grower .............................................. Registered business name as a commercial producer ........................................... Registration number ...........................................
Area Licence number ..........................................
Total licensed area (hectares) .................................... Domestic Market Entitlement number .............................
Location of business
........................................... ...............................................
Postal Address Telephone
Facsimile ................
Primary Agent ...............................................
| 4094 | GOVERNMENT GAZETTE, WA | [1 September 1995 |
Ware potatoes - Licence number ......... Domestic Market Entitlement number ...........
Variety Area Area Tonnes Tonnes Delivered Tonnes in Estimated
planted harvested harvested delivered to storage tonnage (ho) (ha) for for week for still to week week harvest
Total
Location of property on which the crop was planted
(to be specified)
Seed potatoes - Licence number ..........
Variety Area Area Tonnes Tonnes Delivered Tonnes in Estimated planted harvested harvested delivered to storage tonnage (ha) (ha) for for week for still to week week harvest Total
Location of property on which the crop was planted
(to be specified)
Potatoes for manufacture - Licence number ...........
Variety Area Area Tonnea Tonnes Delivered Tonnes in Estimated planted harvested harvested delivered to storage tonnage (ha) (ha) for for week for still to week week harvest Total
Location of property on which the crop was planted
(to be specified)
Potatoes for export - Licence number ...........
Variety Area Area Tonnes Tonnes Delivered Tonnes in Estimated planted harvested harvested delivered to storage tonnage Oct) (ha) for for week for still to week week harvest
Total Location of property on which the crop was planted ....................
(to be specified)
Potatoes for other purpose (please specify) - Licence number ...........
Variety Area Area Tonnos Tonnes Delivered Tonnes in Estimated planted harvested harvested delivered to storage tonnage (ho) (ha) for for week for still to week week harvest Total
Location of property on which the crop was planted
(to be specified)
Signed ................
Dated ................
I September 1995] GOVERNMENT GAZETTE, WA 4095
Form 18
[Reg. 601
Marketing of Potatoes Act 1946
NOTICE OF POTATOES RECEIVED BY MANUFACTURER OR
EXPORTER
Week ended Saturday ...........
Name of manufacturer or exporter ................................
Location of business ........................................... Postal Address ...............................................
Telephone
Facsimile ................
Details of potatoes delivered for week (specify dates)
Name of
growerVariety Tonnes Consign- Date of delivered ment delivery Advice
numberSigned ................
Dated ................
Form 19
(Reg. 61 (1))
Marketing of Potatoes Act 1946
POTATO CONSIGNMENT ADVICE Advice Number .........
Name of grower .............................................. Registered business name as a
commercial producer ...........................................
Registration number ...........................................
Area Licence number .......................................... Domestic Market Entitlement number (if applicable) ...................
Postal Address ...............................................
Location of Business ...........................................
Variety of potato ..............................................
Numberof bins ...............................................
Consent to dry brush (if applicable) ...............................
| 4096 | GOVERNMENT GAZETTE, WA | 11 September 1995 |
Corporation assessment or merchant packout (if applicable)
Delivery to: Potato Marketing Corporation
Wholesale potato merchant
Potato products manufacturer
Potato exporter
Other (please specify)Planned delivery date
Issuing AgentName of agent
Date of issue
SignedCarrier Name of carrier
Vehicle registration number
Date loaded
SignedReceival by: Potato Marketing Corporation
Wholesale potato merchant
Potato products manufacturer
Potato exporter
Other (please specify)
Date of receival
SignedDelivery Advice valid for week commencing
Terms, conditions and restrictions
Signed ................Dated ................
Form 20
[Reg. 62]
Marketing of Potatoes Act 1946
CERTIFICATE OF REFUSAL
To.........................................................
(Name of grower)
of........................ .................................
(add ress) Details of consignment Name of grower Address of grower Registered business name as a commercial producer
Area Licence No.
This consignment was inspected at ..............................
(premises)
on .....................................and found to be below the
(date)
prescribed quality.Under section 23 (2) of the Act, the Potato Marketing Corporation refuses to accept delivery of these potatoes.
Signed..............................
Signedby ............................
(Name in block letters)
on behalf of the Potato Marketing Corporation
Dated ................
1 September 19951 GOVERNMENT GAZETTE, WA 4097
Form 21
[Reg. 631
Marketing of Potatoes Act 1946
NOTICE OF CLAIM
To: The Potato Marketing Corporation
1. I. ................ .....................................
(name of claimant)
of.................................................... (address of claimant) give notice that the consignment referred to in item 2 is subject to the claim referred to in item 3.
2. Details of consignment Name of grower
Address of grower
Registered business name as a commercial producer
Area Licence No.
Date of deliveryPlace of receival
Variety Quantity
3. Particulars of claim
(a) Particulars of security (b) Amount due and owing
Signed.............................. (Signature of claimant)
Signed by ................... .........
(Name in lock letters) b
on behalf of the Potato Marketing Corporation
Dated ................
Form 22
[Reg, 64 (a)1
Marketing of Potatoes Act 1946
NOTICE OF SECURITY OVER CROP OR POTATOES
GIVEN BY A GROWER
To: The Potato Marketing Corporation
item 2. The consignment referred to in item 1 is subject to the security referred to in
| 4098 | GOVERNMENT GAZETTE, WA | [1 September 1995 |
1. Details of consignment
Name of grower
Address of growerRegistered business name as a commercial producer
Area Licence No. Date of delivery Place of receival
Variety Quantity
2. Particulars of security
Signed .................. ..........
(S igna tu ..re of grower)
Signed by ............................
on behalf of the Potato Marketing Corporation (Name in block letters)
Dated ................
Form 23
[Reg. 64 (b)] Marketing of Potatoes Act 1946
NOTICE OF SECURITY OVER CROP OR POTATOES
GIVEN BY HOLDER OF SECURITY
To: The Potato Marketing Corporation
item 2. The consignment referred to in item 1 is subject to the security referred to in
1. Details of consignment Name of grower
Address of growerRegistered business name as a commercial producer
Area Licence No.
Date of delivery
1 September 19951 GOVERNMENT GAZETTE, WA 4099 Place of receival
Variety Quantity
2. Particulars of security
Signed............................
(Signature of holder of security)
Signed by ..........................
(Name in block letters)
,,
Dated ................
New Schedule added
29. The principal regulations are amended by adding the following new
Schedule -
41
SCHEDULES
[Reg. 33]
PART 1— THE ACT
Provision creating Nature of offence Modified Penalty offence
or delivery
s. 22 (1) (a) Sale to a person other
than the Corporation or an
agent of the $200 Corporation
s. 22 (1) (b) Sale or delivery
not in accordance
with a permit or $200 exemption
s.22(2)(a) Purchase, or
delivery taken, $200 from a grower
s. 22(2)(b) Purchase, or
delivery taken, not in accordance
with a permit or $200 exemption
s.22(2)(c) Potatoes not
accompanied by document
required the $200 by
regulations
s.22(2)(c) Potatoes not
accompanied by document
containing
prescribed $200 information
| 4100 | GOVERNMENT GAZETTE, WA | 11 September 1995 |
| PART 2— REGULATIONS |
Provision creating Nature of offence Modified Penalty offence
s. 8 (3) Multiple elections
enrolment for $50 s. 21 Voting when not
entitled $50 s. 24
False claim or
statement as to
enrolment $50 s. 31
Failure to state
name of seller, supplier
consignor or $100 s. 55 (2)
Potatoes not
graded, sized or
packed as $100 required s. 56
Failure to furnish return as to sale of seed
$200
s. 57
Failure to furnish declaration as to planting
$200
s. 58 Failure to furnish
notice of
intention to $200 harvest s. 59 Failure to furnish
notice of harvest $200 s. 60 Failure to furnish
notice of receival $200
By Command, the Lieutenant-Governor and deputy of the Governor, J. PRITCHARD, Clerk of the Council.
0
0
0