Western Australian Current Acts

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MARKETING OF POTATOES ACT 1946 - SECT 35

35 .         Encumbrances on title to potatoes, grower etc. to notify Corporation etc. of

        (1)         Every grower of potatoes which are subject to any bill of sale, mortgage, charge, lien, pledge, interest, trust, or encumbrance, or in respect of which, or of the crop from which the potatoes were harvested, he has entered into any agreement in derogation from his title to sell the potatoes as the absolute owner thereof shall, when delivering the potatoes to the Corporation, give to the person receiving the potatoes on behalf of the Corporation a notice in writing in the prescribed form and containing the prescribed particulars of every such bill of sale, mortgage, charge, lien, pledge, interest, trust, encumbrance or agreement, and any person entitled to the benefit of any such bill of sale, mortgage, charge, lien, pledge, interest, trust, encumbrance or agreement shall be entitled to give a like notice to the Corporation.

        (2)         The provisions of subsection (1) shall extend and apply to every person by whom any of the potatoes are delivered to the Corporation under this Act on behalf of a grower, and in addition, the notice to be given by that person when delivering the potatoes to the Corporation shall contain particulars as to all other persons interested in any way in the potatoes, and the nature of their respective interests therein.

        (3)         A notice given in respect of a delivery made by or on behalf of a grower to any person receiving from or on account of the grower any of the potatoes on behalf of the Corporation at one railway station or place of delivery, shall not be deemed to be a compliance with this section in respect of a delivery made by or on behalf of that grower to any other person receiving from or on account of such grower any of the potatoes on behalf of the Corporation at any other railway station or place of delivery.

        [Section 35 amended by No. 96 of 1985 s. 22; No. 11 of 1995 s. 12 and 46.]



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