Western Australian Current Acts

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MARKETING OF POTATOES ACT 1946 - SECT 5

5 .         Terms used

        (1)         In this Act, unless the contrary intention appears —

        Account means the Potato Marketing Corporation Account referred to in section 20(1);

        area licence means a licence issued by the Corporation authorising the planting and producing of potatoes on the land described in the licence;

        commercial producer means a grower by whom or on whose behalf at least 100 m 2 or any areas of land exceeding in the aggregate 100 m 2 have been planted with potatoes in the last preceding period of 12 months commencing from 1 April in each year;

        consignment advice means a document in the prescribed form furnished by the grower of the potatoes to which the document relates and which contains the prescribed information in relation to those potatoes;

        Corporation means the body preserved and continued under section 7(1) as the Potato Marketing Corporation of Western Australia;

        grower means a person by whom or on whose behalf potatoes are actually grown or produced for sale and where potatoes are grown or produced pursuant to any share-farming or partnership agreement (whether expressed or implied) includes any partner or parties to such agreement;

        inspector means an inspector appointed under section 18;

        packaging includes any container, bag or other receptacle;

        potato exporter means a person, other than the Corporation, who or which —

            (a)         exports potatoes from the State; or

            (b)         acts on behalf of a person who or which exports potatoes from the State;

        potato product includes peeled potatoes, potato crisps, chips, meal or flakes, or canned potatoes or any other product that is wholly or partly derived from potatoes;

        potato product manufacturer means a person who or which, otherwise than by way of a restaurant or food shop, carries on the business of manufacturing a potato product;

        public notice means a notice published in the Gazette and in one newspaper circulating in the districts in which potatoes are grown or produced;

        sell includes barter and exchange and sale has a corresponding meaning;

       

transition day means the day on which the Marketing of Potatoes Amendment and Repeal Act 2016 section 12 comes into operation;

        ware potato means a potato which —

            (a)         is grown in the State; and

            (b)         is sold, or in respect of which there are reasonable grounds to believe that it is intended for sale, for human consumption; and

            (c)         is unprocessed, except for cleaning and grading.

        (2)         Reference in this Act to the processing of potatoes includes reference to the manufacture of potato products.

        [Section 5 amended by No. 29 of 1957 s. 2; No. 94 of 1972 s. 4 (as amended by No. 19 of 1973 s. 4); No. 26 of 1974 s. 2; No. 96 of 1985 s. 5 and 22; No. 11 of 1995 s. 7; No. 77 of 2006 Sch. 1 cl. 106(1); No. 22 of 2016 s. 5.]



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