Western Australian Current Acts

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23 .         When Corporation has to or may accept delivery of potatoes

        (1)         Subject to subsection (3), the Corporation shall not refuse to accept delivery from any grower of any ware potatoes provided that —

            (a)         they are of the prescribed quality and, if the case so requires, are in any container which conforms to the prescribed standards; and

            (b)         when 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

            (c)         they 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 —

            (a)         by or on behalf of a business registered under this Act; and

            (b)         within the terms of the domestic market entitlement allocated to that business; and

            (c)         in 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 —

            (a)         not being within the terms of a domestic market entitlement allocated to the business by or on behalf of which the delivery is made; or

            (b)         for use by potato product manufacturers; or

            (c)         for export,

                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.]

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