Western Australian Current Acts

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MARKETING OF POTATOES ACT 1946 - SECT 28

28 .         Domestic marketing pools, allocating entitlements for

        (1)         For each domestic marketing pool established under section 26(2) the Corporation shall allocate domestic market entitlements specifying the quantity of ware potatoes that the Corporation is required to accept if delivered in accordance with section 23(1) by or on behalf of a registered business during the relevant pool period.

        (2)         The Corporation —

            (a)         shall allocate a domestic market entitlement to each business for the time being registered under section 22B; and

            (b)         may invite applications from growers, or from persons other than growers, for the allocation of such an entitlement, but any such allocation shall not have effect unless or until the business to which the entitlement is, or is to be, allocated is registered under section 22B.

        (3)         The regulation of the domestic market entitlement allocation required, under section 19(1)(k), to be conducted by the Corporation shall be —

            (a)         based on principles approved by the Minister on the written recommendation of the Corporation; or

            (b)         as set out in guidelines for the Corporation given by the Minister by way of direction under section 20A(1),

                and if a person is aggrieved by a decision of the Corporation in the exercise of that power that person may apply under section 19A for a review of the decision.

        (4)         In making recommendations to the Minister, and in allocating domestic market entitlements, the Corporation may have regard to —

            (a)         the likelihood or otherwise of continuity and certainty of delivery; and

            (b)         the anticipated market demand; and

            (c)         any other anticipated requirement of consumers; and

            (d)         any other factors regarded as relevant by the Corporation.

        (5)         A domestic market entitlement allocated to a business registered under section 22B may, if approval is sought from and given by the Corporation in the prescribed manner, be transferred by the respective holders of the certificates of registration concerned from that business to another business so registered.

        (6)         The Corporation shall not refuse an application for approval to the transfer of a domestic market entitlement unless, had the application been made in respect of the transfer of an area licence, the provisions of section 22B(5) or (6) would have applied.

        [Section 28 inserted by No. 11 of 1995 s. 40; amended by No. 55 of 2004 s. 717.]



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