Wheat Marketing Act 1919 (WA)
| No. 32.] | Wheat Marketing. | [1919. |
WHEAT MARKETING.
10° GEO. V., No. XX.
No. 32 of 1919.
AN ACT to extend the operation of the Wheat Marketing
Acts.
[Assented to 12th December, 1919.]
B E it enacted by the King's Most Excellent Majesty, byCouncil and Legislative Assembly of Western Australia, inand with the advice and consent of the Legislative
this present Parliament assembled, and by the authority of
the same, as follows:—
| Short title. | 1. | This Act may be cited as the Wheat Marketing Act, |
1919.
| Extension of | 2. | The Wheat Marketing Act, 1916, as amended by the |
| Acts to Wheat |
| harvested in | Wheat Marketing Act, 1918, and the Wheat Marketing Act, |
| 1919-20. | 1918 (No. 2), shall extend and apply to the wheat harvested during the season 1919/1920: |
| Provided that this Act shall not have the effect of ex- tending the operation of any agency agreement confirmed by or made under the authority of the said Acts. |
| Authority for | 3. | The Minister is hereby authorised to enter into a wheat |
| agency agree- |
| ment. | acquiring agency agreement with The Westralian Farmers, |
| Schedule. | Limited, in the terms of the draft agreement set out in the Schedule to this Act. |
| Charge for |
| cornsacks | 4, Advances made under section eight of the Wheat |
| supplied in | Marketing Act, 1918 (No. 2), to any wheat grower during |
| 1918-19 ex- | |
| tended. | the season 1918/1919, to enable such wheat grower to pur- chase cornsacks, shall, so far as such advances have not been repaid, be a charge on the wheat harvested by such grower during the season 1919/1920, and the provisions of the said section shall apply. |
| 1919.] | Wheat Marketing | [No. 32. |
| THE SCHEDULE. | Section 3. |
WHEAT ACQUIRING AGENCY AGREEMENT, 1919/20.
Ali AGREEMENT made the , One thousand nineday of hundred and nineteen, between the Honourable Charles Farquharson Baxter, M.L.C., acting for and on behalf of His Majesty's Government of the State of Western Australia (hereinafter referred to as" the Minister "), of the ono part, and The Westralian Farmers, Ltd., Perth (hereinafter referred to as " the Agent "), of the other part, as follows t-
1. This agreement is entered into subject to the approval of the Parliament of Western Australia.
2. Ageney.—The Agent will act as sole acquiring agent for and on behalf of the Government of Western Australia under the Government Scheme for marketing the 1919/20 Wheat Harvest as from the first day of December, One thousand nine hundred and nineteen.
3. No Private Dealing.—The Agent undertakes and agrees that it will not during the continuance of this agency buy, sell, trade in, hold, store, or otherwise deal with any wheat (excepting seed wheat, poultry and pig wheat, provided the handlings of such wheat are in accordance with the Wheat Marketing Acts), on its own account or on account or on behalf of any other person except the Government, without the authority of the Minister first obtained.
4. Maim—The duties of the Agent shall include (a) Receiving wheat from farmers either from railway trucks, wagons, or other
vehicles.
(b) Weighing, marking weights on bags, sampling, classifying as hereinafter provided, assessing the dockage (if any) in the manner approved or directed by the Minister, and etallying.
(c) Stacking, protecting, caretaking, and unstacking at country sidings other than Wheat Depots, in a manner approved by the Minister from time to time. Stacking sites and dunnage to be provided by the Minister or with his approval at his expense.
(d) Loading on to railway trucks to full capacity et each truck, provided the
wheat is of sufficient weight to enable the necessary number of bags
required for the full tonnage, as prescribed by the Railway Department
to be loaded, and railing to Wheat Depots, Mills, Ports, or as otherwise
instructed by the Minister.
(e) Cleaning up stacking sites in a proper workmanlike manner immediately after the removal of stack, and neatly stacking all dunnage in a con- venient place in railway yard or as desired by Minister.
(f) Issuing to the farmer receipts and certificates in the forms sot out in the
Schedule attached hereto.
5. Wheat Certificates.
(a.) In respect of all wheat received by the Agent and its employees an interim receipt in form of the Schedule " A " shall be delivered to the farmer from whom the wheat is received, and in exchange for such interim receipts a Certificate for Advance, in the form of the Schedule "B," and a Certificate for Surplus, in the form of the Schedule "C," shall be issued by the Agent to the farmer, and a duplicate of every such certificate shall be forwarded to the Minister forthwith ; provided, however, that where wheat is received from farmers for grist, a special form of receipt, in the form of the Schedule " 1)," shall be issued by the Agent to the farmer in lieu of the interim receipt and certificates re- ferred to.
(b) Where the wheat is subject to a charge for advances under the Industries Assistance Act, 1915, the certificates shall not be issued except to the Industries Assistance Board ; provided, however, that a list of the debtors to the Industries Assistance Board is supplied to the Agent.
(c.) Where the wheat is subject to a mortgage or lion, charge, or other en- cumbrance, as referred to in Section 12 of the Wheat Marketing Act, 1916, of which the Minister shall have received due 'notice, and the Agent been duly notified in writing, the certificates will be issued in the manner instructed by the Minister.
| No. 32.] | 117h eat Marketing. | [1919. |
| 6. | Inspections.—The Agent undertakes and agrees (a) To keep complete and correct account of all transactions, including those |
relating to seed wheat, and to advise the Minister thereof at such in-
tervals of time and in such manner as ho may direct.
(b) To allow such officer as the Minister may appoint to confidentially examine, at all reasonable times, the books and accounts issued in connection with the Agency business and other wheat business of the Agent, and containing any entries or matters to which this agreement relates.
(c) That in all cases whore the books and accounts of the Agent are not kept sufficiently up to date to enable the officers of the Minister to make an efficient examination, the Minister may, on the recommendation of the Advisory Committee appointed under the Wheat Marketing Acts,
write up such books and accounts at the expense of the Agent.
(d) That all instructions by duly accredited wheat inspectors of the Minister to sub-agents engaged by the Agent pursuant to Clause 7, or their re- presentatives, shall be immediately obeyed, as far as those instructions relate to the duties to be carried out under the provisions of Clause 4 of this agreement.
(e) That as von as the wheat is received at the siding it shall be loaded direct to truck if practicable, but where this is impracticable the wheat shall be stacked.
| 7. | Sub-agents.- (a) The Agent will engage and provide employees, servants, and workmen |
fully skilled and competent for the work entrusted to them, to carry out its duties and take full responsibility for all acts and omissions com- mitted or made by its employees, servants, and workmen, and shall indemnify the Minister and the said Government from and against any loss and damage that may occur in or about or be incidental to the dealings with the said wheat, due to any cause whatever : Provided that the Agent shall not be responsible for loss or damage, caused by fire, flooding from below, storm or tempest, weevils, plagues of mice, strikes, riots or civil commotion, ii any such loss or damage is notified to the Minister es soon as it is discovered. The amount of such loss or damage shall be fixed by the Minister subject to the right of the Agent to submit the matter to arbitration, pursuant to Clause 22 of this Agree- ment. The Agent is not to be responsible for any rebagging or re - conditioning unless caused by negligence.
(b) All agreements made by the Agent with sub-agents or made by the sub- agents for the performance of any of the work required under this Agreement shall be subject to the approval of the Minister.
8. Guaranteed Out-tur n.—
| ||
| (a) That all wheat received by the Agent under this agency shall be of the quality, condition, and weight stated in the certificates relating to the same and issued by the Agent. | ||
| (b) That all wheat to which such certificates relate of the quality, condition, and weight therein stated shall bo duly delivered in accordance with the Minister's directions. | ||
| (a) That if the aggregate deductions from f.a.q. value claimed by the Minister |
| . | aro in excess of the aggregate deduction provided for in such certificates, such excess shall be made good by the Agent. |
(2.) This clause to be read and construed to mean that the Agent must deliver to the Minister wheat equal to the total weight on certificates issued by him, subject to the proviso contained in Clause 7 ; failing this, the Agent to make good the difference on the basis of 5s. 6d. per bushel f.o.b., any excess weight to be for the Minister's account.
9. Stacking.—The agent is responsible that the stacks shall be properly erected and dunnaged, provided that the necessary dunnage required by the Agent is supplied by or at the expense of the Minister. The Agent will not be required to provide protection or cover either as regards supplying material or placing same on or around stack, ex- cepting as provided for in Clause 12 (1) (c).
10. Loss in Transit.—The responsibility of the Agent will extend to any loss of wheat in transit on railways.
11. Stationery.—The Agent will, at its own expense, provide all necessary stationery, records, forms, and other documents and postage and revenue stamps, except certificates and gristing receipts.
| 1919.] | TVheat. Marketing. | [No. 32'. |
12. Remuneration.
(1.) The remuneration to be paid to the Agent shall be :—
(a) For all wheat trucked direct from the farmers' wagons, five-eighths of
a penny por bushel.
(6) For all wheat received from farmers, built into stack, thence into truck and consigned to Minister's order, ono penny per bushel. Such trucking to be completed by the and of May, 1920, or as mutually arranged.
(c) For work of roofing, screening, protecting and caretaking till end of May, 1920, such stacks as may be nominated by the Minister, one farthing per bushel of the wheat contained in the stacks.
(d) For issuing certificates, ono fourth of a penny por bushel.
(e) For inspection, travelling expenses, supervision, contingencies, losses,
liabilities, and the performance generally of all other duties and
obligations of the Agreement, ono farthing per bushel.
(f) For actual checking of sample and verifying depot tally notes at depots,
ono.oighth of a penny por bushel.
(2.) The remuneration is based upon the current rate of wages. Any increase in wages or any reduction in working time causing an increase in cost, to be paid by the Minister ; provided, however, that the current rate of wages is not to be increased without the permission of the Minister. Any decrease in such rates is to be the subject of an allowance to the Minister for benefit to the Pool.
(3.) Where wheat is received by the Minister direct from farmers as at certain Wheat Depots, the remuneration provided for in Subelause (1) (a) and (1) (6) will not bo payable.
(4.) The remuneration to the Agent shall, as from the date of this Agreement, be payable as follows:
One penny per bushel on the quantity of wheat as per certificates issued and
presented, such instalment on account to be payable fortnightly, and
the balance to be paid on duo completion of the terms of this Agreement.
13. Demurrage.—The Agent will not he called upon to pay railway demurrage on wheat or material such as dunnage, bags, screens, and the like : Provided that all reasonable and proper means to expedite loading or unloading, as the ease may be, are used, othero iso the Agent shall pay and bear railway demurrage charges.
14. Reno-vs.—The Agent will supply and deliver to the Minister such daily or other returns as the Minister may from time to time reasonably require and direct.
15. T emanation.—
(I.) This Agreement shall continuo in force until the duties of the Agent as herein provided have been duly carried out to the satisfaction of the Minister : Provided, how- ever, that this Agreement shall nevertheless be determinable by the Minister at any time if in his opinion the duties referred to are not being satisfactorily performed, and
in such respect the decision of the Minister shall bo final.
(2.) If the agency is determined, the Agent shall deliver to such person or persons as the Minister may direct all wheat that the Agent then has in its possession, custody or control, and shall render every aid to such person or persons as may be directed by the Minister to check weight and quality of the wheat and condition of the bags so to be delivered, and the responsibility and liability of the Agent under this Agreement shall continuo until all wheat and bags have been delivered in accordance with this clause.
10. Minister's Directions.—In the performance by the Agent of it's duties under this Agreement, the Agent shall generally observe such directions as may from time to time be given by the Minister or any person acting with his authority, and the forms in the Schedules hereto shall be modified so far as the Minister may require.
17. Instructions by Officers.—The powers hereby conferred upon or exercised by the Minister may he exercised by any Government officer authorised by the Minister, and the Agent and its receiving agents will act upon and carry out the instructions and directions of such Government officer.
IS. Ronde —As a guarantee for the duo observance and performance by the Agent of its duties and obligations under this Agreement, the Agent will enter into a joint and several bond by itself and a surety to be approved by the Minister for the sum of Ten thousand pounds (£10,000), and in such form as the Minister may require.
19. Zinnia s:on of Liability.—The liability of the Agent under this Agreement is limited to a total of ono farthing per bushel on the ageregate cmantitv of wheat to which
this Agreement relates.
| No. 32.] | Wheat Marketing. | [1919. |
20. Damages for Certain Breaches.—Whenever and as often as it appears to the
Minister that there has been a breach by the Agent of any of the provisions of Clauses 3, 6, 14, or 21 of the Agreement, the Minister may, if ho thinks fit, in lieu of pursuing any other remedy,_ or in the case of such a breach as is mentioned in paragraph (c) of Clause 6 in addition to the remedy therein provided for, refer the matter to the Advisory Committee, and for every such breach the Advisory Committee may, after giving the Agent an opportunity of being heard, direct that the Agent shall forfeit
for every breach of Clause 3, the sum of ten pounds (fi0), for every breach of Clause 6, the sum of two pounds (22), for every breach of Clause 14, the sum of one pound (El), for every breach of Clause 21, the sum of five pounds (25),
respectively, by way of liquidated and ascertained damages, and such amounts may be
deducted from the remuneration payable under this Agreement to the Agent.
21. Fiduciary Obligations.—The Agent shall in all matters in connection with the
Government Scheme for Marketing the 1919/20 wheat have due regard to its obligations to its principal as Agent under this Agreement, and will not do anything prejudicial thereto or subversive of the confidential and fiduciary relations between itself and the Minister or his officers.
Arbitration.—Except as otherwise expressly provided, any dispute arising
with reference to this Agreement shall be submitted to arbitration under the provisions
of " The Arbitration Act, 1895."
22.
SCREDULE "A."
Wheat Marketing Acts.
(Western Australia.)
| Book | No |
GOVERNMENT SCHEME FOR MARKETING TIEE WHEAT HARVEST,
(1919/20).
Date
Station
Interim TVheat Receipt.
| The Westralian Farmers, | Ltd., have received at | Station, |
| from | of | on behalf of the Western |
| Australian | Government | bags | bushels | lbs. of Wheat, |
particulars as under :—
| bushels | lbs., quality f.a.q. |
bags
| bushels | lbs., quality under f.a.q., | pence. |
bags
| bushels | lbs., quality undor f.a.q., | pence. |
bags
| bushels | lbs., quality under f.a.q | pence. |
bags
N.B.—This receipt is not transferable or negotiable. You will receive in bxchange
for this receipt a certificate, which will enable you to obtain from the Bank named in
the margin an interim advance at the rate of 3s. per bushel for wheat of f.a.q. standard.
In satisfaction of all further claim in respect of the wheat mentioned in this Interim
Receipt, the Vendor will be entitled to the extent of the quantity of wheat above stated
to participate in equal distribution of the not proceeds in excess of 3s. per bushel of the
whole of the Western Australian wheat (1919/20 harvest) marketed through the agency
of the Western Australian Government—the Certificate of the Minister for Agriculture
as to the amount of such not proceeds to be accepted as conclusive.
If the Vendor is in receipt of advances under the Industries Assistance Act, or if there is any lion or charge on such wheat or crop of the Vendor, the Certificate will be handed to the Industries Assistance Board or to the lion holder, as the case may be.
Local Agent for The Westralian Farmers, Ltd.
| Name of Bank | at |
| 1919.] | Wheat Marketing. | [No. 32. |
SCHEDULE "B."
No
THE W.A. GOVERNMENT SCHEME FOR MARKETING THE WHEAT
HARVEST, 1919/20.
Certificate for Advance of 3s. per Bushel.
Date
| This certifies that | has, as Vendor to the Government |
of Western Australia under the above Scheme, delivered to The Westralian Farmers, Ltd., at Railway Siding bags bushels lbs. ( bushels lbs.) of Wheat, and is entitled to an advance on account of the purchase money thereof under the Scheme of 3s. per bushel,
| Less Dock | bus. lbs. at £ | bus. lbs. at £ | |
| bus. lbs. at £ |
|
| Less deductions Ale Cornsack Authority | Int. |
| Net amount | pounds | shillings and |
ponce payable at the
| at | £ : |
Rail freight from above station (to be deducted from later pay-
| ment at | per bushel) ... | £ | : |
For The Westralian Farmers, Ltd,
Received from the Government of Western Australia per the
| the sum of | pounds | shillings and | ponce, |
being settlement in full for the above advance.
| SCHEDULE | "C." |
No
THE W.A. GOVERNMENT SCHEME FOR MARKETING THE WHEAT
HARVEST, 1919/20.
Certificate for Surplus.
Date
| This certifies that | having, as Vendor to the Government of |
Western Australia under the above Scheme, delivered to The Westralian Farmers, Ltd.,
| at | Railway Sidin" | bags | bushels |
| lbs. ( | bushels | lbs.) of wheat, and having received an advance on account |
| of the purchase money thereof of 3s. per bushel, amounting to ... | £ | : | : |
| Less Dock | bus. lbs. at E | bus. lbs. at £ ... | |||
| bus. lbs. at £ |
|
Less deductions A/c. Cornsnek Authority £
| making net advance of | pounds |
| shillings and | ponce paid at the |
at...
is entitled to an account from the said Government of the balance of such purchase money and payments with debit of rail freight (from above Station), and in addition Handling Charges, Interest,
| and all other charges ... | „, | £ |
For Tho Westralian Farmers, Ltd.
| No. 32.] | Wheat Marketing. | [1919. |
SCHEDULE "D."
Wheat Marketing Acts.
(Western Australia.)
GOVERNMENT SCHEME FOR MARKETING THE WHEAT HARVEST,
1919/20 SEASON.
Receipt of Wisest for Farmer's Grist.
Date
No
Siding
| The Westralian Farmers, Ltd., on behalf of the Western Australian Government, hereby acknowledge having received at | Station |
| farmer, of | bags | bushels... |
lbs. of f.a.q. wheat, for which payment by way of grist is required by the said
farmer.
For The Westralian Farmers, Ltd., Acquiring Agent for Government of W.A.
Nomn.—Wheat for farmer's grist not to exceed 100 bushels for the season. This Receipt is issued at the express wish of the farmer concerned and in lieu of the usual Interim Receipt and Certificate for Advance.
Mill.
Acting as Gristing Agent for the W.A. Government.
In exchange for this Receipt I hereby authorise you to forward me the equivalent of the above wheat in Flour, Bran, and Pollard, loss gristing, renege, and other usual charges, and I agree to accept such products as full payment for the wheat referred to, from the said Government.
| Date | 1920. |
Signature of Farmer
In witness whereof the parties hereto set their hands the day and year first above
written.
Signed by the said the Honourable Charles Farquharson Baxter for and on behalf of His Majesty's Government of Western Australia, in the presence of
The Common Seal of The Westralian Farmers, Ltd., was
hereunto affixed in the presence of
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