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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Bulk Handling Repeal Bill 2000
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement of Act other than section 7 2
3. Commencement of section 7 3
4. Publication of commencement day 3
5. Act to expire if it does not commence within 3 years 3
6. Interpretation 4
Part 2 -- Amendment, repeal and
transitional provisions
7. Section 31(6) amended 5
8. Repeal 5
9. Tolls and debentures (ss. 31 and 32) 5
10. Seeds (s. 52) 6
11. Water rates (s. 52A) 6
12. Transitional arrangements for current grain 6
13. Transitional regulations 7
Part 3 -- Consequential Amendments
14. Grain Marketing Act 1975 amended and transitional 8
15. Plant Pests and Diseases (Eradication Funds)
Act 1974 amended 9
16. Transport Co-ordination Act 1966 amended 10
17. Wheat Marketing Act 1989 amended 10
page i
133--1
Western Australia
LEGISLATIVE ASSEMBLY
Bulk Handling Repeal Bill 2000
A Bill for
An Act to repeal the Bulk Handling Act 1967, to consequentially
amend certain Acts and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Bulk Handling Repeal Bill 2000
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Bulk Handling Repeal Act 2000.
2. Commencement of Act other than section 7
5 (1) This Act, other than section 7, shall not come into operation
until the scheme of arrangement has been agreed to by the
members of CBH in accordance with Part IV Division 12 of the
Companies (Co-operative) Act 1943.
(2) Subject to subsection (7), if the scheme of arrangement specifies
10 a day as the "appointed day", this Act, other than section 7,
comes into operation on the appointed day.
(3) Subject to subsection (7), if the scheme of arrangement specifies
an event as the "section 2(3) event", this Act, other than
section 7, comes into operation on the happening of the section
15 2(3) event.
(4) Subject to subsection (7), if the scheme of arrangement specifies
an event as the "section 2(4) event", this Act, other than
section 7, comes into operation immediately after the happening
of the section 2(4) event.
20 (5) Subject to subsection (7), if the scheme of arrangement specifies
an event as the "section 2(5) event" and a period as the
"appointed period", this Act, other than section 7, comes into
operation at the end of the appointed period after the happening
of the section 2(5) event.
25 (6) Subject to subsection (7), if the scheme of arrangement does not
specify a day or event referred to in subsections (2) to (5), this
Act, other than section 7, comes into operation on the day
determined by the Minister after consultation with the board of
directors of CBH.
page 2
Bulk Handling Repeal Bill 2000
Preliminary Part 1
s. 3
(7) If this Act, other than section 7, has not come into operation on
the day one month after the day on which CBH becomes a
company registered under the Corporations Law, this Act, other
than section 7, comes into operation on that first-mentioned day.
5 3. Commencement of section 7
(1) If this Act, other than section 7, does not come into operation
before 30 October 2000, section 7 comes into operation on that
day.
(2) If this Act, other than section 7, comes into operation before
10 30 October 2000, section 7 does not come into operation.
4. Publication of commencement day
The Minister is to cause a notice specifying when this Act, other
than section 7, came or will come into operation to be published
in the Gazette --
15 (a) if the scheme of arrangement specifies a day or event
referred to in sections 2(2) to (5) as soon as practicable
after the scheme of arrangement is agreed to by the
members of CBH;
(b) if the Minister determines a day in accordance with
20 section 2(6), as soon as practicable after the Minister
makes the determination; or
(c) if the Act has not come into operation before the day on
which CBH becomes a company registered under the
Corporations Law, as soon as practicable after that day.
25 5. Act to expire if it does not commence within 3 years
If this Act has not come into operation on the day 3 years after
the day on which it receives the Royal Assent, it expires on that
first-mentioned day.
page 3
Bulk Handling Repeal Bill 2000
Part 1 Preliminary
s. 6
6. Interpretation
(1) In this Act --
"CBH" means --
(a) Co-operative Bulk Handling Limited, a company
5 registered under the Companies (Co-operative)
Act 1943; or
(b) a company registered under the Corporations Law
into which Co-operative Bulk Handling Limited is
converted in accordance with the Companies
10 (Co-operative) Act 1943 and the Corporations Law;
"commencement day" means the day on which this Act, other
than section 7, comes into operation;
"current grain" means grain received by CBH before the
commencement day;
15 "scheme of arrangement" means an arrangement for the
reorganisation of the share capital of CBH --
(a) proposed by CBH preparatory to the conversion of
CBH from a company registered under the
Companies (Co-operative) Act 1943 to a company
20 registered under the Corporations Law; and
(b) agreed to by the members of CBH in accordance with
Part IV Division 12 of the Companies (Co-operative)
Act 1943.
(2) Terms defined in the Bulk Handling Act 1967 immediately
25 before the commencement day have the same meaning in this
Act as they had in that Act.
page 4
Bulk Handling Repeal Bill 2000
Amendment, repeal and transitional provisions Part 2
s. 7
Part 2 -- Amendment, repeal and transitional
provisions
7. Section 31(6) amended
Section 31(6) of the Bulk Handling Act 1967* is amended by
5 deleting "The" and inserting instead --
"
Not more than 6 months after a grower's name is
entered in the register the
".
10 [* Reprinted as at 13 September 1993.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 28.]
8. Repeal
The Bulk Handling Act 1967 is repealed.
15 9. Tolls and debentures (ss. 31 and 32)
(1) Debentures issued before the commencement day in accordance
with section 31 or 32 of the Bulk Handling Act 1967 continue
on and after that day on the terms on which they were issued.
(2) If, before the commencement day, a grower paid a foundation
20 toll or a port equipment toll but as at that day had not been
issued a debenture in satisfaction of the debt created by that
payment --
(a) the debt created by the payment of the toll remains
payable by CBH to the grower on the terms set out in
25 subsection (3); and
(b) CBH need not issue a debenture in respect of that debt.
(3) The terms of a debt referred to in subsection (2)(a) are that --
(a) no interest is payable in respect of the debt; and
page 5
Bulk Handling Repeal Bill 2000
Part 2 Amendment, repeal and transitional provisions
s. 10
(b) CBH --
(i) must repay the debt in full on or before 31 October
in the year 10 years after the day on which the toll
was entered in the relevant register; but
5 (ii) may repay all or part of the debt at any time
before then.
10. Seeds (s. 52)
Despite section 8 --
(a) section 52(1) and (2) of the Bulk Handling Act 1967; and
10 (b) those provisions of the Bulk Handling Act 1967 referred
to in section 52(3) of that Act that are set out in the
Table to section 12,
continue to apply to and in relation to seeds received by CBH
before the commencement day.
15 11. Water rates (s. 52A)
In the rateable year in which the commencement day occurs, the
water rate specified in section 52A(1) of the Bulk Handling
Act 1967 applies in respect of the portion of that rateable year
that occurs before the commencement day.
20 12. Transitional arrangements for current grain
(1) Despite section 8, the provisions of the Bulk Handling Act 1967
set out in the Table to this section continue to apply to and in
relation to current grain.
Table of continuing provisions
s. 7 s. 24 s. 40 s. 47
s. 11 s. 34 s. 41 s. 48
s. 14 s. 34D s. 43 s. 49
s. 15 s. 35 s. 44 s. 50
s. 16 s. 37 s. 45 s. 51
s. 18 s. 38 s. 46
page 6
Bulk Handling Repeal Bill 2000
Amendment, repeal and transitional provisions Part 2
s. 13
(2) Despite section 8, the Bulk Handling Act Regulations 1967
continue to apply to and in relation to current grain.
13. Transitional regulations
(1) If there is not sufficient provision in this Act for dealing with a
5 matter that needs to be dealt with in connection with the repeal
of the Bulk Handling Act 1967, the Governor may make
regulations prescribing all matters that are required, or are
necessary or convenient, for dealing with the matter.
(2) Regulations made under this section may be expressed to have
10 effect before the day on which they are published in the Gazette.
(3) To the extent that a regulation made under this section is
expressed to have effect before the day of its publication in the
Gazette, it does not --
(a) affect, in a manner prejudicial to any person (other than
15 the State), the rights of that person existing before the
day of its publication; or
(b) impose liabilities on any person (other than the State) in
respect of anything done or omitted to be done before
the day of its publication.
page 7
Bulk Handling Repeal Bill 2000
Part 3 Consequential Amendments
s. 14
Part 3 -- Consequential Amendments
14. Grain Marketing Act 1975 amended and transitional
(1) The amendments in this section are to the Grain Marketing
Act 1975*.
5 [* Reprinted as at 9 November 1999.]
(2) Section 5(1) is amended by deleting the definition of "special
approved grain".
(3) Section 5(2) is repealed.
(4) Section 19(2)(e) is amended by deleting "subject to section 39
10 of the Bulk Handling Act 1967 and after consultation with the
Company within the meaning of that Act,".
(5) Section 22(4) is repealed.
(6) Section 29(2), (3) and (4) are repealed.
(7) Section 33 is repealed and the following section is inserted
15 instead --
"
33. Classification, premiums and dockages
For the purposes of this Division, classifications,
premiums and dockages in respect of a grain delivered
20 to the Grain Pool shall be determined by the Board.
".
(8) Section 34(2) is repealed.
(9) Section 34A(1) is amended by deleting "or a special approved
grain".
25 (10) Section 34A(3) is amended as follows:
(a) by deleting "or a special approved grain" in the first
place where it occurs;
page 8
Bulk Handling Repeal Bill 2000
Consequential Amendments Part 3
s. 15
(b) by deleting "or 29(2) as the case may be,";
(c) by deleting "or a special approved grain, as the case may
be".
(11) Despite subsection (8), the licence held by CBH under
5 section 34(2) of the Grain Marketing Act 1975 remains in force
in relation to current grain.
15. Plant Pests and Diseases (Eradication Funds) Act 1974
amended
(1) The amendments in this section are to the Plant Pests and
10 Diseases (Eradication Funds) Act 1974*.
[* Reprinted as at 30 July 1999.]
(2) Section 4(1) is amended as follows:
(a) by deleting the definition of "Company";
(b) in the definition of "crop year" by deleting "or to the
15 Company";
(c) in the definition of "receiver of grain or seed" by
deleting "but does not include the Company".
(3) Section 9(1), (2), (2a) and (4) are amended by deleting "to the
Company or".
20 (4) Section 10(c) and (d)(i) and (ii) are amended by deleting
"Company or".
(5) Section 12(2) is amended by deleting "The Company and
every" and inserting instead --
" Every ".
page 9
Bulk Handling Repeal Bill 2000
Part 3 Consequential Amendments
s. 16
16. Transport Co-ordination Act 1966 amended
The First Schedule to the Transport Co-ordination Act 1966* is
amended in clause 1 by deleting "facility established by the
body known as Co-operative Bulk Handling Limited" and
5 inserting instead --
" bulk grain handling facility ".
[* Reprinted as at 9 September 1997.
For subsequent amendments see 1999 Index to Legislation of
Western Australia, Table 1, p. 257.]
10 17. Wheat Marketing Act 1989 amended
Section 7 of the Wheat Marketing Act 1989* is repealed.
[* Act No. 26 of 1989.]
page 10
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