Wheat Marketing Act 1921 (WA)
| No. 18.] | Wheat Marketing. | [1921. |
WHEAT MARKETING.
12° GEO. V., No. XVIII.
No. 18 of 1921.
AN ACT to confer certain Powers on the Government of Western Australia in regard to the Marketing of the Wheat Harvest of the Season 1921-22, and for other purposes.
[eThsentect to 29th November, 1921.]
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:-
1. This Act may be cited as the Wheat Marketing Act,
1921.
| Interpretation. See | 2. In this Act- |
| 1016, No. 18,1!. 2. |
" Sale" includes barter and exchange, and also any trans- action involving a transfer of his right of property in any wheat by one person to another ; and "sell" has a corresponding meaning.
"States" means the States of New South Wales, Victoria, and South Australia, and where not inconsistent with the context includes the State of Western Australia. "Vendor" includes any person who delivers wheat to a
Government agent or his representative to be dis- posed of under the provisions of this Act.
| Application of Act. | 3. This Act shall apply to wheat harvested during the |
season 1921-22, hereinafter referred to as "the wheat har-
vest."
| 1921.] | Wheat Marketing. | [No. 18. |
4. (1.) The Governor shall appoint a committee of not ex- Advisory
ceeding five persons to advise the Minister upon matters re- e
| lating to the administration of this Act. | c'elitt.tee | , 31 4. |
| (2.) Any person appointed a member of such committee shall hold such office at the will of the Governor, and may receive such fees for his attendance at the meetings of the committee and such travelling allowance as the Governor may think fit. | ||
| (3.) One of the members of the committee shall be ap- pointed in the interest of the consumers, and shall be a person who is not interested, as principal or agent, in the growing or production of or dealing in wheat or the products of wheat. |
5. (1.) For the purposes of the satisfactory marketing of Powers of Minister.
the wheat harvest, and for the purposes of this Act—the ssicAe "i"d9;08.1,t
| Minister, whether in conjunction with Ministers of the Crown | 142_, s. 7 |
| 142d, • | |
| representing the Commonwealth and the States or the States or otherwise, may buy or sell or arrange -for the purchase or sale of wheat and any products of wheat, and for the storage, insurance, carriage, shipment, and disposal thereof, and do all acts, matters, and things, and make such contracts as may be necessary or expedient in that behalf, and in anywise in- cidental thereto, accordingly; and in particular, but without limiting the generality of the foregoing powers |
(a) may appoint or employ officers, servants, and agents, and with the approval of the Minister of the De- partment concerned make use of the services of any of the officers or employees of the public ser- vice;
(b) may arrange with any bank for financial accommo- dation, and on behalf of the Crown guarantee the repayment of advances and may charge the wheat acquired under this Act and the proceeds with the repayment of advances with interest and bank charges, but so far as advances are required for the interim payment to the vendors of wheat the amount of such advances shall not exceed a sum equal to three shillings per bushel net to the ven- dors.
(2.) Where the Minister makes use, hereunder of the ser- vices of any officer of the public service, any existing or accru- ing rights of any such officer shall not thereby be prejudiced, lint shall remain in full force and effect as if such officer had continued and was in the public service under the Public Ser- vice Act, 1904.
| No. 18.] | Ilrheat | rketing.• | [1921. |
Prohibition of sales
| etc., except to | 6. (1.) During such time as the Governor shall by procla- |
| Anniston |
| See Ibid., s. 10. | mation declare that this section shall have effect, no person in |
| s 8. | |
| S.A., 1920,No. 1426, | Western Australia shall, except as prescribed, sell wheat to |
| Vic. No. 2812, s. O. | or buy wheat from any other person in Western Australia for delivery in Western Australia, except to or from the Minister |
| or persons authorised by him. | |
| (2.) Any person guilty of a contravention of the provi- sions of this section shall be liable to a penalty not exceeding five hundred pounds. | |
| (3.) Any contract made in contravention of this section shall be void unless the Minister shall otherwise determine. | |
| (4.) The Minister shall, as prescribed, exempt (either generally or in any particular case) from the operation of this section-- |
| (a) | sales or purchases of seed wheat by wheat-growers |
to or from wheat-growers for bond tide use by the
purchasers in their farming operations;
| (b) | sales of wheat by wheat-growers for the personal use of the purchasers and not for the purpose of trading in wheat or the products of wheat; |
| (c) | sales by wheat-growers or purchases from wheat- growers of wheat of a quality which, in the opin- ion of the Minister, is below that fit for milling |
into flour for human consumption;
| (d) | sales or purchases of wheat grown by any wheat- grower in areas of limited production of wheat specified by the Minister; and |
| (e) | such other sales and purchases as are prescribed. |
(5.) The Minister may at any time by notification pub- lished in the Gazette revoke any such exemption.
| Authority for | 7. (1.) The Minister is hereby authorised to enter into a |
| agency agreement. |
See W.A., 1920, No. wheat acquiring agency agreement with The Westralian Far-
39, a. 3.
mers, Limited, in the terms of the draft agreement set out in.
the Schedule to this Act
(2.) All wheat acquired under such agreement shall be the produce of the 1921-22 harvest.
Any person who delivers or tenders to The Westra- lian Farmers, Limited, under such agency for acquiring the 1921-22 wheat harvest, any -wheat of a previous harvest, com- mits an offence against this Act.
(3.)
Penalty : One hundred pounds.
See W.A., 1916,
| No. 18, a. 8. | (4.) Every person who delivers wheat to The Westralian Farmers, Limited, under such agency, and receives from such |
| 1921.] | Wheat Marketing. | [No. 18. |
agent an interim receipt or certificate in the form or to the effect of the forms in the Schedules in the draft agree- ment set out in the Schedule to this Act, shall be bound by the provisions of this Act and the conditions set out in such interim receipt and certificate; and if any such person is a settler to whom advances have been made under the Indus- tries Assistance Act, 1915, he shall be deemed to have author- ised the issue of the certificates and all payments thereunder to the Industries Assistance Board on his behalf.
| (5.) | The issue of a certificate to any person who shall see WA., 1016, |
have delivered wheat as aforesaid shall discharge the Gov- No. '8, a. 11
eminent from the claims of all other persons in respect of the
wheat to which such certificate relates, except the claims of
encumbrancers of which express notice shall have been re-
ceived by the Minister before the issue of such certificate under
the provisions of section eight.
(6.)
All payments made in good faith by or on behalf of the Minister on certificates issued under this Act to the holder of any such certificate, being the vendor therein named, or some person authorised by him in writing indorsed thereon to receive payment on his account, or to whom the certificate by indorsement in writing thereon purports to have been transferred, shall discharge the Minister and His Majesty's Government from further liability to the vendor or any other person whomsoever in respect of all claims to which such payments relate.
8. (1.) Every person claiming to hold any mortgage, Notice of ensues•
charge, lien, or other encumbrance whatsoever of or upon or nitir e given
| over any crop of wheat of any other person or of or upon Or Seo | ibid., s. 12. |
| over the grain harvested from such crop, shall give notice in writing to the Minister of such mortgage, charge, lien or en- cumbrance. | |
| (2.) Any person who fails to give such notice shall not be entitled to maintain an action against I-Hs Majesty or the Minister or any person acting under or pursuant to the auth- ority of this Act in respect of the said wheat, or for the pro- ceeds of the sale of the wheat harvested from such crop, or of the wheat alleged to be subject to such mortgage, charge, lien or encumbrance, or for damages for the conversion or de- tention of such wheat. |
(3.)
This section shall not affect the operation of subsec- tions (5) and (6) of the last preceding section.
| No. 18.] | Wheat Marlceti'ng. | [1921. |
| Protection of | 9. | (1.) The property in all wheat acquired by the Minister |
| Government |
| property tn wheat. | under this Act, including such wheat in the possession of any |
| Sea W.A., 1910, | |
| No. 18, 2. 14. | person with the view to the purchase thereof and all products thereof, shall continue in the Crown, until a purchase of such wheat is completed by payment to the Minister of the price of the wheat sold; and so long as the property in such wheat and the products thereof continues in the Crown, no person in whose possession such wheat or the products may be shall be deemed to be the reputed owner thereof under the laws relating to bankruptcy, nor shall the provisions of the Bills of Sale Act, 1899, apply. |
| (2.) All moneys payable to the Minister under contracts relating to the sale of wheat acquired under this Act, or the products of such wheat, shall be debts due to the Crown. |
| Lost certificates. | 10. |
(1.) On proof to the satisfaction of the Minister that any certificate has been lost a duplicate certificate may be issued in place thereof, on the applicant for such duplicate giving security, to the satisfaction of the Minister, to indem- nify him against all persons whatever in case the certificate alleged to have been lost is found again:
See 1920, No. 39,
s. 7.
Provided that the Minister may require that four weeks at least before a duplicate certificate is issued, notice of the intention to issue such duplicate identifying the certificate by its number and the name of the person to whom it was issued shall, at the cost of the applicant for the duplicate certificate,
be published in the Gazette and a newspaper circulating in the
district wherein the applicant for a duplicate certificate re- sides, and that during such period such notice shall be re- published at the like cost once a week in the newspaper.
(2.) When a duplicate certificate has been issued pur- suant to this section, after publication of notice as aforesaid, no person shall have any recourse against the Minister in re- spect of the original certificate unless notice in writing that such certificate has been transferred to or is held by such per- son has been given to the Minister at the office for the ad- ministration of the Wheat Marketing Act in Perth before the issue of the duplicate certificate.
| Commissioner of | 11. Notwithstanding anything in the Government Rail- |
| to carry certain |
liallnyS may refuse
| wheat. | ways Act, 1904, or the law relating to common carriers, the |
| Sea W.A., 1910, | |
| No. 18, s. 13. | Commissioner of Railways may, while section six of this Act |
| S.A., 1920, No. | |
| 1420, s. 11. | is in operation, refuse to carry any wheat or the products of wheat, subject to such section, exceeding five bags, for any |
| 1921.] | I [heat Marketing. | [No. 18. |
person unless consigned to the Minister or a person author-
ised by him to receive the same.
12. All wheat acquired by the Minister under this Act e.sacks.
shall be delivered by the wheat grower in new bags branded
with the grower's identifying mark.
| wheat for consumption in the State shall be fixed on the first local consumption. | 13. | (1.) The price to be charged by the Minister on sales of Price of wheat for |
day of each month by the Minister on the advice of the Ad- visory Committee, and shall be based on the local equivalent
of London parity, but with due regard to the prices to be
charged by millers for the products of wheat: Provided that such price shall not exceed seven shillings a bushel. For the purpose of this section, the Minister may make it a condition of the sale of wheat to millers for gristi.ng that such products as may be sold for consumption in the State shall be sold at prices approved by him.
(2.) Subject to any Order in Council under the Prices Power to /Ix the
Regulation Act, 1919, the Governor may, from time to time, giolgibureettr. by Order in Council published in the Gazette, determine the wheat.
maximum prices that may be lawfully charged for bread and the products of wheat on sales for local consumption in the State.
Any person who sells or offers for sale any bread or pro- duct of wheat at a greater price than the maximum price so fixed for the time being shall be guilty of an offence against this Act.
Penalty: One hundred pounds.
Any person who, having in his custody or control any
bread or product of wheat which in the usual course of his trade he sells, refuses or fails, on demand of any quantity of such bread or product of wheat and payment or tender of the price so fixed for the quantity demanded, to supply such bread or product of wheat in the quantity demanded, shall be guilty of an offence against this Act.
Penalty : One hundred pounds.
Any Order in Council under this subsection may limit its application to a specified part or parts of the State, and may fix and determine different maximum prices for different parts of the State.
14. It shall not be obligatory on the part of the Minister Power to reject
to acquire wheat tendered under this Act; and the acquiring wheat.
| No. 18.] | Wheat Marketing. | [1921. |
agent may, subject to appeal to the Minister, refuse to take delivery of or may reject any wheat affected with smut, or in the opinion of the acquiring agent unfit for milling.
Supply of cornsacks. 15. (1.) The Minister may make advances to any wheat-
grower whose wheat is or is intended to be acquired to enable such wheat-grower to purchase cornsacks ; and such advances shall be repayable to the Minister on demand, with interest at the prescribed rate, and shall be a charge on the wheat in priority to all other encumbrances.
(2.) The amount of such advances, with interest, to be certified by the Minister, may be deducted from the certifi- cate to be issued in respect of the wheat acquired, and a cer- tificate may be issued to the Minister for the amount so deducted.
Expenditure a
| charge on proceeds | 16. | All expenditure under this Act shall be a charge upon |
| of wheat. | See W.A., 1916, No. the proceeds of the marketed wheat. | |
| 18, s. 16. | ||
| Accounts. | ||
|
(1.) The Minister shall cause books to be provided and kept and true and regular accounts to be entered therein of all sums of money received and paid for on account of this Act or pursuant thereto, and of the several purposes for which sums of money have been received and paid.
a. 15.
The accounts of all moneys received and paid as aforesaid shall be audited by the Auditor General at such times as are prescribed, and the Auditor General shall have, with respect to such accounts, all the powers conferred on him by the Audit Act, 1904.
(2.)
The Minister shall, at such times as are prescribed, furnish to the Governor in Council a true copy of the accounts so audited as aforesaid, together with a particular statement of the moneys received by the Minister and of the expendi- ture thereof.
(3.)
Copies of such accounts and of such statement shall be laid before both Houses of Parliament.
(4.)
| Regulations. | 18. | The Governor hi Council may make regulations | ||
|
prescribe for giving effect to this Act.
| 1921.] | Wheat Marketing. | [No. 18. |
THE SCHEDULE.
| WHEAT ACQUIRING AGENCY AGREEMENT, 1921/22. | Section 7. |
| AN AGREEMENT made the day of | One thousand nine hundred |
and twenty-one, between the Honourable Henry Kennedy Maley, Minister for Agriculture' 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, Limited, Perth (hereinafter referred to as " the Agent "), of the other part, as follows :-
1. This Agreement is entered into subject to the approval of the Parliament of Western Australia.
2. Agency.—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 1921-22 Wheat Harvest.
3. No Private Dealing.—The Agent undertakes and agrees that it will not during the continuance of this agency, either directly or indirectly, buy, sell, trade in, hold, store, or otherwise deal with any wheat.
4. Labour Conditions.—The agent undertakes and agrees with the Minister that all wages paid for work done by its employees, or by the employees of any sub-agent or of any contractor under the agent or any sub-agent relating to this agency, shall be at the ruling rate of wages for the same kind of work in the district in which the work is performed
The agent shall be responsible for the payment of all wages due to the employees of its sub-agents and of contractors under the agent and its sub-agents earned in work relating to this agency ; and in default of payment the Minister may pay any such wages and recover the amount so paid by him from the agent as money paid for the agent at its request.
5. Duties.—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, seeing that all bags are branded with identity marks of vendor, sampling, classifying as hereinafter provided, assessing the dockage (if any) in the manner approved or directed by the Minister, and tallying.
(c) Stacking, protecting, caretaking, and nnstaeking at country sidings, 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 of 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 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 railing or neatly stacking all dunnage and covering material in a convenient place in railway yaid or as desired by Minister.
(f) Issuing to the fanner receipts and certificates in the forms set out in the
Schedule attached hereto.
| 6. | 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 fonvarded to the Minister forthwith.
(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 lien, charge, or other encum- brance, as referred to in Section S of the Wheat Marketing Act, 1921, of which the Minister shall have received due notice, the certificates will be issued in the manner instructed by the Minister,
| No. 18.] | Wheat Marketing. | [1921. |
7. Inspections.—The Agent undertakes and agrees
(a) To keep complete and correct account of all transactions, and to advise the Minister thereof at such intervals of time and in such manner as he may direct.
(b) To allow such officer as the Minister may appoint, confidentially to 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 where 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 Act, 1921, 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 8, or their repre- sentatives, shall be immediately obeyed, as far as those instructions relate to the duties to be carried out under the provisions of Clause 5 of this Agreement.
(e) That as soon 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.
| S. | 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 committed or made by its employees, servants, and workmen, and shall make good 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, and shall be responsible for any rebagging or reconditioning in connection therewith. Provided that the Agent shall not be respon- sible for loss or damage caused by fire, flooding from below, storm or tem- pest, weevils, plagues of mice, workmen's strikes, riots or civil Qom- motions, if any such loss or damage is notified to the Minister as 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 23 of this Agreement. Provided also, that when engaging employees, servants, or workmen, the Agent or any person deputed by the Agent for that purpose shall give preference of employment, all things being equal, to discharged soldiers.
(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 Agree- ment shall be subject to the approval of the Minister.
9. guaranteed Out-turn.-
(1.) The Agent guarantees
(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, and any natural or other increase of weight
shall be duly delivered in accordance with the Minister's directions.
(o) That if the aggregate deductions from f.a.q. value claimed by the Minister are in excess of the aggregate deduction provided for in such certificates, such excess shall be made good by the Agent.
(2.) The Agent must deliver to the Minister wheat equal at least to the total weight on certificates issued by him, subject to the proviso contained in Clause 8; failing this, the Agent to made good the difference on the basis of 7s. 9d. per bushel f.o.b., any excess weight to be for the Minister's account.
| 1921.] | Wheat Marketing. | [No. 18. |
10. Stacking.—The Agent is responsible that the stacks shall be properly erected and dunnaged, provided that the necessary dunnage is supplied by or at the expense of the Minister when required by the Agent. The Agent will provide the work of protecting and covering stacks, and removing material therefrom as provided for in Clause 13 (1) (c) ; but shall not be responsible for providing any material in connection therewith.
11. L088 in T,albsit.--The Agent shall make good any loss of wheat in transit
on railways.
12. Stationer,y.—The Agent will, at its own expense, provide all necessary stationery,
records, forms, and other documents and postage and revenue stamps, except certifi-
cates.
13. Remuneration
(1.) The remuneration to be paid to the Agent shall be
(a.) For all wheat trucked direct from farmers' wagons, five-eighths of a penny
per bushel.
(b.) For all wheat received from farmers, built into stacks of not less than 20 bags high on the high side, when so required by the Minister, thence put into truck and consigned to Minister's order, one penny and an eighth of a penny (lid.) per bushel. Such trucking to be completed by the end of May, 1922, or as mutually arranged.
(c.) For work of roofing, screening, protecting and caretaking till end of May, 1922, such stacks as may be nominated by the Minister, and removing material therefrom as and when required by the Minister, one half-penny per bag of the wheat contained in the stacks.
(d.) For issuing certificates, one fourth of a penny per bushel.
(e.) For inspection, travelling expenses, supervision, contingencies, losses,
liabilities, and the performance generally of all other duties and obliga-
tions of the Agreement, one farthing per bushel.
(f.) For actual checking of sample and for tallies at points of delivery, one-
eighth of a penny per bushel.
(2.) The remuneration is based upon the current rate of wages paid for wheat handling. Any increase in wages or any reduction in working time causing an increase in cost of handling to be paid by the Minister ; provided, however, that the current rate of such 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, the remuneration provided for in Subelause (1) (a) and (1) (b) will not be payable.
(4.) The remuneration to the Agent shall, as front the date of this Agreement, bo 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 due completion of the terms of this
Agreement.
14. Demurrage.—Tho Agent will not be 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 case may be, are used, otherwise the Agent shall pay and bear railway demurrage charges.
15. Returna.—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.
16. Termination.
(1.) This agreement shall continue in force until the duties of the Agent as herein provided have been duly earned out to the satisfaction of the Minister : Provided, however, 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 be 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 Agree- ment shall continue until all wheat and bags have been delivered in accordance with this clause.
| No. 18.] | Wheat Marketing. | [1921. |
17. Minister's Directions.—In the performance by the Agent of its 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.
18. Instructions by 0 flicers.—The powers hereby conferred upon or exercised
by the Minister may be 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.
19. Bond.—As a guarantee for the due 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.
20. Limitation of Liability.—The liability of the Agent under this Agreement
is limited to a total of one-eighth of a penny (ks d.) per bushel on the aggregate quantity
of wheat to which this Agreement relates.
21. 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, 4, 5, 7, 15 or 22 of the Agreement, the Minister may, if he thinks fit, in lieu of pursuing any other remedy, or in the case of such a breach as is mentioned in paragraph (e) 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 one hundred pounds (£100) ;
for every breach of Clause 4, the sum of ten pounds (£10) ;
for every breach of Clause 5, the sum of two pounds (£2) ;
for every breach of Clause 7, the sum of two pounds (£2) ; for every breach of Clause 15, the sum of one pound (£1) ; for every breach of Clause 22, the sum of five pounds (i5),
respectively, by way of liquidated and ascertained damages, and such amounts may be
deducted from the remuneration payable under this Agreement to the Agent.
22. Fiduciary Obligations.—The Agent shall in all matters in connection with
the Government Scheme for Marketing the 1921/22 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.
23. 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."
| 1921.] | Wheat Marketing. | [No. 18. |
Schedule " A."
Wheat Marketing Act, 1921
(Western Australia.)
| Book | No |
GOVERNMENT SCHEME FOR MARKETING THE WHEAT HARVEST.
(1921-22.)
Date
Station
Interim Wheat Receipt.
| The Westralian Farmers, Limited, have received at | Station, |
| from | of | on behalf of the Western |
| Australian Government | bags | bushels | lbs of |
| Wheat, particulars as under :— |
lbs., quality f.a.q.
| bags | bushels |
| lbs., quality under f.a.q. | ponce. |
| bags | bushels | |||
| bags |
|
| lbs., quality under f.a.q., | pence. |
| bags | bushels |
N.B.—This receipt is not transferable or negotiable. You will receive in exchange 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 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 net proceeds in excess of per bushel of the whole of the Western Australian wheat (1921-22 harvest) marketed through the agency of the Western Australian Government—the Certificate of the Minister for Agriculture as to the amount of such net proceeds to be accepted as conclusive.
If the Vendor is in receipt of advances under the Industries Assistance Act, or if there is any lien or charge on such wheat or crop of the Vendor, the Certificate will be handed to the Industries Assistance Board or to the lien holder, as the case may be.
Local Agent for The Westralian Farmers, Limited.
| Name of Bank | at |
Schedule " B."
No
THE W.A. GOVERNMENT SCHEME FOR MARKETING THE WHEAT
HARVEST, 1921-22. •
| Certificate for Advance of | per Bushel, |
Date
| This certifies that | has, as Vendor to the Government of |
Western Australia under the above Scheme, delivered to The Westralian Farmers,
| Limited, at | Railway Siding, | bags |
| No. 18.] | if/teat Marketing. | [1921. |
| bushels | lbs. ( | ,bushels | lbs.) of Wheat, and is entitled |
| to an advance, on account of the purchase money thereof under the Scheme, of | per |
| bushel, amounting to |
| Less Dock | bus. | lbs. at £ | bus. | lbs. at £ | ... £ | : | : |
| bus. | lbs. at £ | bus. | lbs. at £ | ... £ | : | : |
| Less deductions A/c., 21 /22, Cornsack Authority £ | IM. | ... £ |
| Net amount | pounds | shillings and | pence |
payable at the
Rail freight from above station (to be deducted from later payment
at
For the Westralian Farmers Limited.
Received from the Government of Western Australia per the
| the sum of | pounds | shillings and |
pence, being settlement in full for the above advance.
Schedule " C."
No
THE W.A. GOVERNMENT SCHEME FOR MARKETING THE WHEAT
HARVEST, 1921-22.
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, Limited, at Railway Siding bags bushels
| lbs. ( | bushels | lbs.) of Wheat, and having received |
| an advance on account of the purchase money thereof of | per bushel, |
| Less Dock | bus. | lbs. at £ | bus. | lbs. at £ | ... £ | : | : |
| buL | lbs. at £ | bus. | lbs. at £ | ... £ | : | : |
| Less deductions A/c., 21-22, Cornsack Authority £ | Int. ... E | : |
| snaking net advance of | pounds | shillings |
| and | pence 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 The Westralian Farmers, Limited.
In witness whereof the Minister has set his hand and the Agent its common
seal, the day and year first above written.
Signed by the said the Honourable Henry Kennedy Maley for and on
behalf of His Majesty's Government of Western Australia, in the
presence of
The Common Seal of The Westralian Farmers, Limited, was hereunto
| affixed in the presence of- |
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