Western Australian Current Acts

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MARKETING OF POTATOES ACT 1946 - SECT 43

43 .         Regulations

        (1)         The Governor may make regulations under this Act prescribing all such matters as by this Act are required or permitted to be prescribed, or as may be necessary or convenient to be prescribed for giving effect to or achieving the objects of this Act and facilitating the exercise of its powers by the Corporation.

        (2)         The power hereby given shall (without limiting its generality) be deemed to include power to make regulations —

            (a)         prescribing grade standards for potatoes including different standards for different classes of potatoes or potatoes required for different purposes;

            (b)         for the purposes of section 22C;

            (c)         requiring growers, or persons dealing or trafficking in potatoes as owners or agents, or concerned in the transport or having the custody or handling of potatoes, to furnish on demand a sales docket, delivery note or relevant consignment advice relating to those potatoes being a document which sets out, in the prescribed manner if required, such information in relation to those potatoes as may be prescribed and also periodic returns containing such information as the Corporation may consider necessary;

            (d)         for enabling the Corporation or any person authorised by it to inspect any records or accounts relating to potatoes, or to land or premises on which potatoes are produced, stored, graded, packed, or otherwise treated;

            (e)         for prescribing the duties, functions and conduct of agents, or persons holding permits, under this Act;

            (f)         controlling the supply, grading, handling, washing, brushing, treatment or processing, storage, distribution, marketing, sale, purchase, use and consumption of potatoes and prescribing the documentation required to accompany potatoes;

            (g)         defining the functions, authorities and duties of inspectors and making provision for modified penalties and infringement notices in respect to prescribed offences;

            (h)         prescribing fees, and any other matter which in the opinion of the Minister is incidental to carrying out the functions and duties imposed on the Corporation by this Act.

        (3)         Regulations made under this Act may prescribe penalties not exceeding $5 000 in respect of any contravention of any of the regulations.

        [Section 43 amended by No. 55 of 1966 s. 9; No. 96 of 1985 s. 20 and 22; No. 20 of 1989 s. 3; No. 11 of 1995 s. 12 and 56.]

[ 44.         Deleted by No. 22 of 2016 s. 11.]

        [Heading inserted by No. 22 of 2016 s. 12.]



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