(1) Subject to
subsection (3), the Corporation shall not refuse to accept delivery from
any grower of any ware potatoes provided that —
are of the prescribed quality and, if the case so requires, are in any
container which conforms to the prescribed standards; and
so prescribed, they are potatoes for which a certificate of merchantable
quality from such officer of the Department of Agriculture 3 or other
person as is approved (whether generally or in any particular case) in that
behalf by the Minister has been obtained and tendered with the potatoes; and
are delivered to the Corporation at the place or places, at the times, during
the periods, in the quantity or quantities, and of the quality or standards,
that the Corporation has, in the area where such potatoes are produced, by
public notice or by notice to the grower or growers concerned, stipulated, if
any such notice was given.
(2) When any potatoes
are refused by the Corporation on the ground that they are below the
prescribed quality, the Corporation shall issue to the grower thereof a
certificate of such refusal in the prescribed form.
(3) The Corporation is
not required to accept delivery from any grower of potatoes that have been
produced, or are tendered for delivery, otherwise than —
or on behalf of a business registered under this Act; and
within the terms of the domestic market entitlement allocated to that
accordance with the terms, conditions and restrictions applying to the
registration of that business and to the area licence in respect to the land
where the potatoes were produced.
(4) The Corporation
may accept delivery from any grower of potatoes —
being within the terms of a domestic market entitlement allocated to the
business by or on behalf of which the delivery is made; or
use by potato product manufacturers; or
but is not under any
duty to do so.
(5) Acceptance by the
Corporation of the delivery of any potatoes does not constitute any
representation, express or implied, that the acceptance will require the
Corporation to pay any amount, or at all, for those potatoes except such as is
required under this Act.
[Section 23 amended by No. 96 of 1985
s. 14 and 22; No. 11 of 1995 s. 12 and 31.]