Western Australian Consolidated Acts

AGRICULTURAL PRODUCE COMMISSION ACT 1988 - SECT 15

15 .         Dissolution of a producers’ committee

        (1)         If the Commission takes a poll among the producers concerned for the dissolution of a producers’ committee and the poll is in favour of the dissolution of the producers’ committee the producers’ committee, shall on and from a day appointed by the Commission being a day not later than 6 months after the taking of the poll by notice in the Gazette , proceed to be wound up.

        (2)         The Commission shall on and from the day appointed under subsection (1) appoint a liquidator to wind up the affairs of any producers’ committee required to be wound up under that subsection.

        (3)         Upon the appointment of a liquidator under subsection (2) the producers’ committee being wound up shall cease to act and the liquidator, may, for the purposes of the winding up of the affairs of the producers’ committee in the name of and as the act of the producers’ committee —

            (a)         exercise such of the functions of the producers’ committee;

            (b)         do such other acts and things as the liquidator thinks fit.

        (4)         A liquidator shall receive such remuneration as is determined by the Commission.

        (5)         The Commission may by notice published in the Gazette declare a producers’ committee to be dissolved.

        (6)         The dissolution of a producers’ committee shall take effect on the date specified in the notice referred to in subsection (5).

        (7)         On the dissolution of a producers’ committee all money and other assets of the producers’ committee —

            (a)         shall vest in the Commission;

            (b)         shall be dealt with as the Minister directs for the benefit of the producers concerned.

        (8)         Notwithstanding anything in subsection (1), where the Commission is satisfied that a producers’ committee is operating in such a manner that its operations are materially to the financial detriment of a person who is a producer for the purposes of that producers’ committee the Commission may dissolve the producers’ committee and where the Commission does so the provisions of subsections (2) to (7) apply in relation to such dissolution.

        [Section 15 amended by No. 20 of 2000 s. 18, 29, 30 and 31.]