Wheat Act 1927 (NSW)
106 Wheat Act.
WHEAT ACT.
Act No. 6, 1927.
George V, An A ct to provide for the grading o f 'wheat in
| No. 6. | b u lk ; | to regu late th e | handling of such |
| 'wheat, and th e | operation | o f w heat e lev a to rs; |
| and | for | purposes | connected | th erew ith . |
[A ssented to , 29th January, 1927.]
T > E it enacted by the King’s Most Excellent Majesty, _ D by and with the advice and consent of the Legis lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
iShort
| title | 1 . (1) Tliis Act may he cited as the “ Wheat Act, |
and com
| mencement. | 1927.” |
| (2) | This Act shall, save as otherwise therein |
provided, come into operation on a date to he appointed by the Governor and notified by proclamation published in the Gazette.
In terp re ta
| tion. | 2 . In this Act, unless the context otherwise indicates |
or requires,—
“ Elevator ” means an elevator or other building owned by the Government of the State of New South "Wales and used for the handling and storage of wheat in hulk.
W heat Com
| missioner. | 3 . There shall he a Wheat Commissioner for the |
purpose of the administration of this Act.
Tlie manager of the Government grain elevators for
the time being shall he such commissioner.
| W heat | 4 . (1) There shall he a M'lieat Standards Eoard, |
Standards
| Hoard. | Avhich shall consist of the Wheat Commissioner, who shall he chairman, and four other members appointed by the Governor, of Avhom one shall he a wheat miller, one shall he an exporter of wheat, and two shall he wheat-growers. |
(2)
| Wheat Act. | 107 |
(2) The members of the board otlier than the George V,
cliairman shall hold olHc(; for three years, but shall be
eligible for reappointment.
(3) The Governor may for sufficient cause
remov(‘ any member.
(1) If the office of an appointed member l)ecomes vacant during the term for which he is appointed, l deputy shall be appointed for the remainder of such term.
(5) The Governor may appoint a deputy to act
for any mcmb('r during his absence.
(G) A deputy shall liave the same powers, rights, and duties as the member in Avhose place he is appointed.
5 . (1) The TYheat Standards Board shall not later O i a d i s an. i
than six months after its appointment report to tin; Minisb'r tin; numlx'r and names of grades of bulk wlieat which it considers advisable to establisli in New South Wales, and the standards of such grades.
(2) Such grades shall come into operation upon a date to he appoint('d by the Governor and notified by proclamation 2)ublished in the Gazette.
(3) Such grades may in like manner be altered, but only upon the recommendation of the Wheat Standards Board.
(1) Any such alteration shall take effect upon a date to be ap|)oint(“d by the (Jovernor and notified by proclamation published in the Gazette :
Brovided that such date shall not be before tin? expiration of twelve months after the date of publication of the proclamation.
| 6. (1) If a considerable portion of the wheat of any special | ’ |
harvest cannot for any reason he included in any of the grades ('stablished in accordance with the provisions of the last preceding section and in foi’ce during such harvest, the Wheat Standards Board may recommend one or more special grades to apply to such wheat.
(2) Such special grades shall conic into operation upon a date appointed by the (dovernor and notitled by proclamation published iu the Gazette, hut shall not apply to wheat other than that of the harvest for which they were recommended.
108 Wheat Act.
| George V, | 7 . (1) Except as proviclc'd in subsection two of tins section wlieat sliall not be received into any elevator |
| W heat | unless it lias been i^raded in accordance with tlie trades |
| elevators | 111 force lOL’ tlio time ooimj: bv a person aiitnonsed bv |
| to be graded. | Wiicat Commissioner. |
(2) Tbe iVIinister may by notification publisbed in the Gazette specify elevators or portions of any elevator to Avliicb tbe provisions of subsection one of this section shall not apply and may at any time revoke or alter such notification.
| Mixed wheat. | 8 . If wlieat of dilfci'ent grades is delivered from an elevator into any one compartment of a ship or vessel, any certificate of grade issued in respect of such wheat shall have endorsed across its face a statement of sucli grades and of the respective quantities of wheat of each such grade. |
| The Wheat Commissioner shall issue to the owner of wheat delivered into a ship or vessel from an elevator a certificate setting out the name of the ship or vessel, the place and date of loading, and the Aveiglit and quantity, and quality or grade as determined by official weighing and inspection of the wheat so delivered.; | |
| •Appeal |
| against | 9 . (1) The owner of any wheat which has been |
| grading. | graded in accordance with the provisions of section seven of this Act may appeal to the Appeals Board against the grading. |
| (2) Tlie Appeals Board shall consist of the Wheat Commissioner and one growers’ representative on the Wheat Standards Board. | |
| (3) Such appeal shall he made within the time and in the manner proscribed and shall he accompanied by the prescrilied deposit. | |
| (4) In the event of any disagreement by the Appeals Board the matter shall be referred to the Under Secretary of the Department of Agriculture, whose decision shall he final. | |
| (5) I f the grading is confirmed by the Appeals Board and in its opinion the ajipeal is frivolous the deposit may he forfeited. |
| Commence | 1 0 . Seetioms six, seven, eight, and nine of this Act |
| m ent | of |
| sections 6, 7, | shall not come into operation until the date appointed |
| 8, 9. | by the Governor under subsection two of section five of this. Act. |
| Wheat Act. | 109 |
1 1 . (1) There sliall 1)0 issued for wheat received for George V,;
storage in an elevator a Avarrant in the prescribed form.
| ^ | . | W arrants |
(2) Snell Avarrants shall be consecutively ' ‘ "
numbered, and tAVO Avarrants bearing the same number shall not be issued during the period in Avhich tire Avheat harvest of any season is being delivered.
1 2 . Wheat shall not be deliA'cred from an elevator
unless there shall have been deliA^red to the manager ciuvator.
of the Government grain elcA ators—■
| (a) | a warrant representing the same quantity of Avheat of the same grade or, if no grades are in operation, of the same description or quality ; and |
| (h) | instructions in the jn'cscribed form by the ])erson deliA^ering the Avarrant as to the disposal of such w heat; |
and unless all fees, freight, and other charges due in
connection thercAvith liaA'e been paid.
1 3 . Warrants shall after endorsement hy the person Warrants]i
| to Avhom they AÂere issued he transferable hy delGery. | . |
1 4 . No action for damages for conversion or for ProtocUon
detention of any Avheat shall be brought against the
| Government or the manager of the Government grain | ’ |
| elevators or any of its or his servants by any person claiming to he entitled to any mortgage, charg(', lien (including any lien on crops uiuhu' tlu' Liens on Crops and Wool and Stock Mortgages Act, lSt)8),or any other encumbrance whatsoever of, upon, or over such A\Tieat or any crop I'rom AAdiich such Avheat aaus harvested. |
1 5 . (1) After the delivery of any AA’heat in respect of ],„iom nity.
Avhich a Avarrant has lu'cn lu'oduccd as provided in section
tA v e lv e of this Act, the Government and the m anager
of the GoA'ernment grain eh'vators shall not he ansAver- ahle to any other pei-son claiming to be the OAVner of such Avheat, or of any interest therein.
(2) The Government of N cav South "Wales shall
not he responsible for—
| (a) | any loss of or damage to Avheat in its charge ai'ising from irresistible force, the act of God or the King’s oiemies, strikes, lohk-outs, or anv other cause hevond its control; or |
| * | ‘ | (b) |
110 Wheats Act.
| George V, | (h),, any loss which may he sustained hy reason of |
| No. 6. | the short supply or non-supply of railway trucks to any elevator for thp purpose of moving wheat therefrom under the instruc tions of the owner of the wheat. |
(3) Where wheat in an elevator is destroyed or damaged by any of the causes referred to in paragraph (a) of subsection two of this section all persons at tlie time of the loss entitled to delivery of wheat under warrants shall hear the loss in a proportion to he fixed hy the manager of the Government grain elevators approximating as nearly as can be calculated hy him to the proportion that the wheat which such persons are entitled hy the warrant to receive hears to the total stocks of wheat then in store in the Government elevators, and the amount of wheat deliverable on the warrants then in force shall he reduced accordingly.
| (4) | Where from any cause for which the Govern |
ment is responsible damage to or loss of wheat occurs, the liability of the Government shall be limited to the market value of the wheat at the time of the loss or damage.
(5) Where the Government is unable from any cause for which it is responsible to deliver wheat in the quantity and of the quality mentioned in a warrant, the Government may pay to the owner of the warrant the amount of the market value of the wheat mentioned in the warrant as at the date on which delivery is sought, but so that the amount shall not exceed the market value on or immediately prior to the fifteenth day of November following the harvest during which the wheat was delivered, and the Government shall not be responsible to any further extent for any damages, loss, costs, charges, or expenses resulting from its failure to so deliver the wheat.
1 6 . Every action brought for anything done under
L im itation
| of actions. | this Act or contrary to its provisions shall be commenced |
| cf. (Can.) | |
| li ( ; e o . \ \ | within twenty-four months next after the right to bring |
| c. 27, s. 7S. | such action accrued and not afterwards. |
| The defendant in any such action may plead the general issue, and that the matter was done under this Act, and may give this Act and special matter in evidence at the trial of the action. |
Wheat Act.
17 . ( l ) The Governor may make regulations not George V,
inconsistent Avitli tliis Act prescribing all matters which
are required or authorised to be prescribed, or Avhich arc tiê uiations.
necessary or convenient to be prescribed, for carrying
out or giving effect to this A c t ; and in particular and
without limiting the generality of the foregoing power,
tlie Governor may prescribe—
| (a) | tbe procedure at meetings of the "Wheat Standards Eoard, the quorum necessary for such meetings, and the method of voting thereat; |
(b) the method of sampling and grading wheat;
| (c) | the conditions under wliich wheat will be received for storage and wtu-rants issued ; |
| (d) | the forms of warrants and certificates of grades and of instructions as to the disposal of wheat delivered from an elevator ; |
| (e) | the method of issuing and the form of duplicate warrants issued in lieu of warrants which are alleged to have been defaced, destroyed, or lost, and the security to be taken before any such issue; |
| (f) | the conditions under which one warrant may be issued in place of two or more warrants, and under whicli two or more warrants may be issued in place of one ; |
| (g) | file method of providing for shortaii'es of stocks of wheat in elevators and of disposing of sui’pluses of wheat therein; |
| (h) | the method of appealing against the grading of any wheat and the fees to be paid on such appeals ; and the method of taking samples for the purposes of such appeals ; |
(i) the fees to be charged for sampling, grading, receiving, storing, insuring, Aveighing, drying, cleaning and delivering Aidieat, and for other services rendered in connection with the handling of Avheat.
(2) The regulations may prescribe a penalty not
exceeding twentv pounds for anv breach thereof.
| ̂ | ‘ | * | (3) |
Police Offences Amendment (Drugs) Act.
| George V, | (3) The regulations shall— |
| No. 6. | (a) be published in lh(' Gazette; | |||
|
I f eitlu'r House ol' Parliament passt'S a resolution of which notice has itcen given Avithiu fifteen sitting days after the retaliations have been laid before sucb House di'allowing any retulation or jiart thereof, such regu lation or part shall thereipion cease to have eifect.
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