Western Australian Current Acts

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MARKETING OF POTATOES ACT 1946 - SECT 18

18 .         Staff of Corporation, appointment of etc.; inspectors, functions of and obstructing etc.

        (1)         The Corporation may appoint such inspectors and other officers and employees, subject to any relevant instrument, as it requires to assist it —

            (a)         in the administration of this Act;

            (b)         in the collection, handling, examination, grading, treatment, storage, distribution and sale of potatoes and other services incidental or auxiliary to any of the foregoing matters.

        (1a)         In subsection (1) —

        relevant instrument means an applicable order, award or industrial agreement under the Industrial Relations Act 1979 or an employer-employee agreement under Part VID of that Act.

        (2)         With the consent of the Minister concerned with the administration of the relevant department, agency or instrumentality, the Corporation may, on any terms agreed between itself and the Minister, make use —

            (a)         of the services of any officer or employee in the Public Service or in a State agency or instrumentality or otherwise in the service of the Crown in right of the State; or

            (b)         of any facilities of a department of the Public Service or of a State agency or instrumentality,

                after consultation with the Public Sector Commissioner.

        (3)         The salaries, wages, and other expenses payable to persons employed or otherwise engaged by the Corporation shall be charged upon and be payable out of the moneys from time to time in the hands of the Corporation for the purposes of this Act.

        (4)         Of the officers appointed under this section one shall, subject to the approval of the Minister, be appointed as chief executive officer of the Corporation who —

            (a)         shall, subject to the control of the members of the Corporation, administer the day to day operations of the Corporation; and

            (b)         may be a person who is a member of the Corporation.

        (5)         For the purposes of this Act an inspector —

            (a)         shall act in accordance with any direction which may be given by the chief executive officer of the Corporation; and

            (b)         may be accompanied by a person acting under the supervision of the inspector to assist in making any inspection or examination,

                and any reference in this Act to an inspector in the context of a right of entry or in relation to a duty imposed or a power conferred is to be deemed to include a reference to any such person accompanying an inspector and to the chief executive officer.

        (6)         In the exercise of his functions an inspector may direct or require a person having the custody or control of any land, premises or thing in respect to which the inspector is authorised to exercise power to furnish reasonable access, facilities and other assistance and relevant information, or to produce any potatoes in their custody or control, for the purpose of the exercise of that power.

        (7)         A person who, without lawful excuse —

            (a)         delays, hinders or obstructs any inspector;

            (b)         contravenes a direction given, or fails to comply with a requirement made, by an inspector pursuant to this Act;

            (c)         being the owner, occupant or person in charge of any premises or vehicle, refuses to permit an inspector to exercise any function authorised under this Act,

                commits an offence.

        (8)         An inspector, or a person acting under the direction or supervision of an inspector, is not liable for any loss, damage or injury resulting from, or alleged to be sustained by reason of, the performance of any duty imposed, or the exercise of any power conferred, by or under this Act upon an inspector if the duty was performed or the power exercised in good faith and in a reasonable manner.

        (9)         The chief executive officer of the Corporation shall issue to each inspector appointed under this Act a certificate evidencing that appointment, and in any proceedings under this Act production of a certificate of appointment purporting to be so issued is to be deemed to be prima facie evidence of the matters appearing therein without further proof of those matters.

        [Section 18 amended by No. 96 of 1985 s. 22; No. 32 of 1994 s. 3(2); No. 11 of 1995 s. 12 and 20; No. 20 of 2002 s. 21; No. 39 of 2010 s. 89; amended in Gazette 15 Aug 2003 p. 3687.]



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