Western Australian Current Acts

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MARKETING OF POTATOES ACT 1946 - SECT 34

34 .         Proceedings against Corporation restricted

        (1)         No proceedings shall be brought against the Corporation, or any person acting under the authority of the Corporation, in respect of any claim by any person under or in respect of any bill of sale, mortgage, charge, lien, pledge, interest, trust or encumbrance whatsoever of, upon, in or over, any of the potatoes, or in respect of any claim by any person to be the true owner of the potatoes.

        (2)         Any person who, but for this section, might have taken any proceedings referred to in subsection (1) may adopt the delivery of the potatoes to the Corporation as a delivery thereof by him to the Corporation, and may claim accordingly in respect thereof.

        (3)         Every person making any claim under this section shall give or send to the Corporation notice of his claim in the prescribed form, and containing the prescribed particulars of the bill of sale, mortgage, charge, lien, pledge, interest, trust, encumbrance, or claim of ownership, and only such part of the amount due in respect of the delivery to which the claim relates as has not been paid to other persons at the time of the receipt of the notice by the Corporation may be paid to the claimant.

        [Section 34 amended by No. 96 of 1985 s. 22; No. 11 of 1995 s. 12.]



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