Western Australian Current Acts

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MARKETING OF POTATOES ACT 1946 - SECT 24

24 .         Delivery of potatoes to Corporation, effect of

        (1)         All potatoes delivered to the Corporation by growers and accepted by the Corporation shall thereupon be vested in and become the absolute property of the Corporation freed and discharged from all mortgages, charges, liens, pledges, interests, trusts, contracts and encumbrances affecting those potatoes and the rights and interests of every person to or in the potatoes shall thereupon be converted into a claim for compensation therefor in accordance with the provisions of this Act, unless a contract between the grower and the Corporation otherwise provides.

        (2)         Potatoes shall be taken to have been accepted by the Corporation when —

            (a)         delivery has been made to or on behalf of the Corporation in accordance with a sales docket, delivery note or relevant consignment advice as may be required by the regulations and which contains the prescribed information; and

            (b)         a price has been determined, by or on behalf of the Corporation following the grading of the potatoes.

        (3)         For the purpose of accepting delivery of potatoes on behalf of the Corporation, the Corporation may under section 19(3) appoint persons as agents for the time being, and whilst the appointment subsists delivery of potatoes to such an agent shall be taken to be delivery to the Corporation.

        [Section 24 amended by No. 96 of 1985 s. 22; No. 11 of 1995 s. 12 and 32.]



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