Western Australian Numbered Acts Western Australian Numbered Acts (1) An agreement,
whether made in the State or elsewhere, relating to the supply of an
agricultural product in the State that purports to exclude any part of the
application of this Act in relation to the treatment of an agricultural
product with a chemical product is void.
(2) A person who
agrees or purports to agree to supply an agricultural product under an
agreement that is void under this section commits an offence.
Penalty: a fine of $20 000.
(3) An agreement,
whether made in the State or elsewhere, relating to the supply of an
agricultural product in the State that contains a provision to the effect that
the agricultural product is treated with a chemical product or declared not to
be treated with a chemical product is voidable by the purchaser, unless the
requirements imposed under —
(a) this
Act in relation to the treatment of the agricultural product with a chemical
product; and
(b) any
system of declarations or returns in operation under this Act in relation to a
supply of that kind,
have been observed and
are met.
(4) Despite any other
law in force in the State, a purchaser under an agreement that is, under this
section, void or voidable —
(a) is
not prevented from making a claim with respect to damages suffered by the
purchaser; and
(b) may
recover any money paid under the agreement.