Western Australian Current Acts

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30 .         Payments by Corporation for potatoes

        (1)         Subject to this Act, the Corporation shall, out of the proceeds of potatoes disposed of by it under this Act, make payments to the persons by or for whom the potatoes were delivered to the Corporation under this Act, in respect of the potatoes so delivered on the basis of the net proceeds of the sale of potatoes of a comparable quality, standard, variety, or grade, delivered to the Corporation and accepted for the purposes of the same marketing pool and pool period, and the proportion of the potatoes so delivered by those persons during each such period, or on such other basis as the Corporation may determine, but in determining the basis of payment and the amount of such payments the Corporation shall give effect to subsection (7) and section 32 and may have regard to any other circumstances which it considers relevant.

        (2)         Notwithstanding anything contained in subsection (1), the Corporation may —

            (a)         make progress payments to each person by or for whom the potatoes were delivered to the Corporation under this Act, in respect of the potatoes from time to time so delivered by that person and accepted for a particular marketing pool and at or about the time of each such delivery or at such other times and on such terms and conditions and in such manner, having regard to expected market returns, as the Corporation may determine;

            (b)         out of any surplus moneys in the hands of the Corporation in respect of a particular marketing pool for a particular pool period make final payments to each such person on such basis, subject to this Act, as the Corporation may determine.

        (3)         The Corporation may deduct from the proceeds of the sale of the potatoes, or, as the case may be, from any progress or final payments made by the Corporation under subsection (2) —

            (a)         the expenditure incurred, or estimated to be incurred, in or in connection with the marketing, treatment or processing of potatoes delivered in respect of the same marketing pool and pool period to the Corporation;

            (b)         the costs and expenses, or estimated costs and expenses, of the administration, having regard to the requirement to differentiate between marketing pools, by the Corporation of the provisions of this Act, including the repayment of advances made to or moneys borrowed by the Corporation and the payment of interest;

        [(c)-(d)         deleted]

            (e)         such portion of those proceeds, or, as the case may be, progress or final payments as may be prescribed, to be paid to a reserve fund to be maintained by the Corporation for such purposes as may be prescribed, but any moneys standing to the credit of a reserve fund established under this subsection prior to the coming into operation of section 41 of the Marketing of Potatoes Amendment Act 1995 1 shall thereafter be used only for the purposes prescribed in relation to paragraph (e).

        (4)         For the purposes of ascertaining the amount of any payment to be made by the Corporation under subsection (1) or subsection (2), and generally for the purposes of this Act, the decision of the Corporation as to —

            (a)         the quality, standard, variety, grade, class, description or value of any of the potatoes delivered to the Corporation (whether the quality, standard, variety, grade, class, description or value thereof is prescribed or not); and

            (b)         the method of determining the dockages and deductions to be made and the amounts thereof respectively; and

            (c)         the cost of freight, insurance and other charges; and

            (d)         the amounts to be deducted under this section,

                shall be final and conclusive.

        [(5)         deleted]

        (6)         Except in so far as any cost or expense can not be attributed precisely, the Corporation shall differentiate between marketing pools, distinguishing in particular between matters relating to —

            (a)         the domestic market for deliveries effected under section 23 which the Corporation is required to accept; and

            (b)         the export market and deliveries which the Corporation is not under a duty to accept,

                and shall not transfer surplus moneys or distribute expenses from one kind of pool to another, but may utilize any surplus moneys in a prescribed manner.

        (7)         Notwithstanding that the Corporation may use the potatoes which become vested in it for any purpose, where potatoes accepted for the purpose of the domestic marketing pool are used for any other purpose the proceeds, after deduction of the amounts permitted by subsection (3), received for those potatoes shall be dealt with in such manner as may be prescribed, but so that the person from whom the potatoes were accepted shall receive from the Corporation the amount which would have been relevant had the potatoes in fact been used for the domestic marketing pool.

        [Section 30 amended by No. 55 of 1966 s. 7; No. 26 of 1974 s. 8; No. 96 of 1985 s. 17 and 22; No. 11 of 1995 s. 12 and 41.]

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