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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Bulk Handling Amendment Bill 2002
CONTENTS
1. Short title 1
2. Commencement 2
3. The Act amended 2
4. Section 5 amended 2
5. Sections 6, 8, 9 and 10 repealed 2
6. Section 6A replaced 2
7. Section 16 amended 3
8. Parts III and IV repealed 3
9. Part V heading replaced 3
10. Sections 31, 32, 33 and 34B repealed 3
11. Section 34 amended 3
12. Section 34A amended 3
13. Section 35 amended 3
14. Section 36 amended 4
15. Section 39 repealed 4
16. Section 42 amended 4
17. Section 43 amended 4
18. Section 45 amended 4
19. Section 46 amended 5
20. Section 50A repealed 5
21. Section 51 amended 5
22. Section 52 amended 5
23. Section 53 amended 6
24. Transitional and savings 6
25. Consequential amendments 6
Schedule 1 -- Transitional and savings
1. Interpretation 7
2. Tolls and debentures (s. 31 and 32) 7
page i
144--1
Bulk Handling Amendment Bill 2002
Contents
Schedule 2 -- Consequential
amendments
1. Transport Co-ordination Act 1966 amended 8
2. Wheat Marketing Act 1989 amended 8
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Bulk Handling Amendment Bill 2002
A Bill for
An Act to amend the Bulk Handling Act 1967, and for related
purposes.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Bulk Handling Amendment
Act 2002.
page 1
Bulk Handling Amendment Bill 2002
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Bulk Handling
Act 1967*.
[* Reprinted as at 13 September 1993.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 39.]
10 4. Section 5 amended
Section 5 is amended by deleting the definitions of "authorized
receiver", "Board" and "dockage".
5. Sections 6, 8, 9 and 10 repealed
Sections 6, 8, 9 and 10 are repealed.
15 6. Section 6A replaced
Section 6A is repealed and the following section is inserted
instead --
"
6A. Determination of standards
20 (1) The Company shall, in relation to grain tendered to or
received by it, determine or cause to be determined the
grade of that grain in accordance with the standard or
standards for the time being adopted by the Company
in respect of grain of the type concerned.
25 (2) Before adopting a standard or standards, the Company
shall consult such persons as the Company considers
appropriate.
".
page 2
Bulk Handling Amendment Bill 2002
s. 7
7. Section 16 amended
Section 16(3) is amended by deleting "toll or other".
8. Parts III and IV repealed
Parts III and IV are repealed.
5 9. Part V heading replaced
The heading to Part V is deleted and the following heading is
inserted instead --
"
Part V -- Charges
10 ".
10. Sections 31, 32, 33 and 34B repealed
Sections 31, 32, 33 and 34B are repealed.
11. Section 34 amended
(1) Section 34(1) is amended by deleting "Governor by Order in
15 Council" and inserting instead --
" Company's board of directors ".
(2) Section 34(2) and (3) are repealed.
12. Section 34A amended
Section 34A is amended by deleting "section 34B or 34C, as the
20 case requires," and inserting instead --
" section 34C ".
13. Section 35 amended
(1) Section 35(1) is amended by deleting "tolls and other".
(2) Section 35(2) is amended by deleting "toll and".
page 3
Bulk Handling Amendment Bill 2002
s. 14
14. Section 36 amended
(1) Section 36(1) is amended by deleting "dockage and".
(2) Section 36(2)(d) is amended by deleting "dockage and".
15. Section 39 repealed
5 Section 39 is repealed.
16. Section 42 amended
(1) Section 42(2)(b) is amended by deleting "nor, unless the
Minister so directs, at any terminal elevator to which the grain
tendered has been transported more than 100 kilometres by
10 road".
(2) Section 42(3) is repealed.
17. Section 43 amended
(1) Section 43(2) is amended by deleting "and the dockage (if any)
that is applicable to it".
15 (2) Section 43(3) is amended as follows:
(a) by deleting ", or the dockage applicable to,";
(b) by deleting "those things or either of them" and
inserting instead --
" the grade ".
20 (3) Section 43(4) is amended by deleting ", or dockage applicable
to,".
(4) Section 43(4a) and (4b) are repealed.
(5) Section 43(7) is amended by deleting "or dockage".
18. Section 45 amended
25 Section 45(2) is amended by deleting "tolls,".
page 4
Bulk Handling Amendment Bill 2002
s. 19
19. Section 46 amended
(1) Section 46(1) is amended by deleting "the Board and".
(2) Section 46(2) is amended by deleting "the Board and" in both
places where it occurs.
5 20. Section 50A repealed
Section 50A is repealed.
21. Section 51 amended
Section 51(1) is amended as follows:
(a) by deleting paragraph (a) and inserting the following
10 paragraph instead --
"
(a) the charge or charges referred to in section 34A
shall be payable by, and recoverable from, the
grower to whom it is or they are credited and
15 the charges, including any arrears of charges,
shall be a first charge in priority to all other
claims on the moneys payable under the
relevant compulsory marketing law in respect
of the relative grain;
20 ";
(b) in paragraph (aa) by deleting "sections" and inserting
instead --
" section ";
(c) after paragraph (b) by inserting "and";
25 (d) by deleting paragraph (c) and "and" after it.
22. Section 52 amended
Section 52(3) is amended as follows:
(a) by deleting "7 to 9 inclusive," and inserting instead --
" 7, ";
30 (b) by deleting "31 to 33 inclusive,".
page 5
Bulk Handling Amendment Bill 2002
s. 23
23. Section 53 amended
Section 53(2)(d) is amended by deleting "notified to, or".
24. Transitional and savings
Schedule 1 has effect.
5 25. Consequential amendments
The Acts specified in Schedule 2 are amended as specified in
that Schedule.
page 6
Bulk Handling Amendment Bill 2002
Transitional and savings Schedule 1
Schedule 1 -- Transitional and savings
[s. 24]
1. Interpretation
In this Schedule --
5 "CBH" means Co-operative Bulk Handling Limited, a company
registered under the Companies (Co-operative) Act 1943;
"commencement day" means the day on which this Act comes into
operation.
2. Tolls and debentures (s. 31 and 32)
10 (1) Debentures issued before the commencement day in accordance with
section 31 or 32 of the Bulk Handling Act 1967 continue on and after
that day on the terms on which they were issued.
(2) If, before the commencement day, a grower paid a foundation toll or a
port equipment toll but as at that day had not been issued a debenture
15 in satisfaction of the debt created by that payment --
(a) the debt created by the payment of the toll remains payable
by CBH to the grower on the terms set out in subclause (3);
and
(b) CBH need not issue a debenture in respect of that debt.
20 (3) The terms of a debt referred to in subclause (2)(a) are that --
(a) no interest is payable in respect of the debt; and
(b) CBH --
(i) must repay the debt in full on or before 31 October in
the year 10 years after the day on which the toll was
25 entered in the relevant register; but
(ii) may repay all or part of the debt at any time before
then.
page 7
Bulk Handling Amendment Bill 2002
Schedule 2 Consequential amendments
Schedule 2 -- Consequential amendments
[s. 25]
1. Transport Co-ordination Act 1966 amended
(1) This clause amends the Transport Co-ordination Act 1966*.
5 [* Reprinted as at 11 May 2001.
For subsequent amendments see Acts Nos. 7 and 20 of 2002.]
(2) The First Schedule clause 1 is amended by deleting "facility
established by the body known as Co-operative Bulk Handling
Limited" and inserting instead --
10 " bulk grain handling facility ".
2. Wheat Marketing Act 1989 amended
(1) This clause amends the Wheat Marketing Act 1989*.
[* Act No. 26 of 1989.
For subsequent amendments see 2001 Index to Legislation of
15 Western Australia, Table 1, p. 416.]
(2) Section 7 is repealed.
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