Western Australian Repealed Acts

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This legislation has been repealed.

DAIRY INDUSTRY ACT 1973


TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   4.      Repeals  
   5.      Definitions  
   7.      Application of Act Exemptions  
   8.      Saving existing laws  
   9.      Minister may give directions  
   9A.     Minister to have access to information  

   PART II -- Dairy Industry Authority of Western Australia  

           Division 1 -- Constitution and proceedings of the Authority and transfer of assets, etc., to the Authority  

   10.     Establishment of Authority  
   11.     Constitution of Authority  
   12.     Tenure of office of Authority members  
   13.     Vacancy in office  
   14.     Certain members part time  
   15.     Meetings of the Authority  
   16.     Vacancy in membership not to affect exercise of powers by the Authority  
   17.     Appointment of staff  
   18.     Saving of certain rights  
   19.     Manager of Authority  
   19A.    Status of manager, and of officers and employees, of Authority who are members of Senior Executive Service  
   20.     Transfer of assets and liabilities, etc., to Authority  
   21.     Construction of laws and documents  

           Division 2 -- Functions of the Authority  

   22.     Functions, etc., of the Authority  
   23.     Further powers of Authority  
   24.     Power of Authority to impose conditions and fix liquidated damages  
   25.     Commencing date  
   26.     Applications for quotas, etc.  
   27.     Authority to provide Minister with information etc. as to determination of quota applications  
   27A.    Allocation of quotas  
   28.     Determination of quota applications  
   29.     Supplementary quotas  
   30.     Transfer of quotas  
   30A.    Consideration of applications under s.30.  
   31.     Appeals in relation to granting of quotas  
   39.     Cancellation of quota  
   40.     Authority may request production of milk in excess of quota  
   41.     Power of Authority to obtain information, etc.  
   43.     Delegation  
   44.     Power of Authority to require books of account, etc.  
   46.     Fixing of payments for milk and milk components  
   49.     Power of Authority to notify prices and rates  
   50.     Effect of price fixing on agreements  

           Division 3 -- Licences  

   52.     Licences  
   53.     No licence unless dairy registered  
   54.     Transfer of licence  
   55.     Application for licence  
   56.     Term of licence  
   57.     Power of Authority to refuse to issue licence etc.  
   58.     Suspension of licences by Authority  
   58A.    Suspension of certain licences for breach of a condition  

           Division 4 -- Vesting of milk in the authority  

   61.     Vesting of milk in the Authority  
   62.     Acceptance and disposal of milk  
   63.     Payment for accepted milk  
   64.     Evidence of quantity etc. of milk accepted by Authority  
   65.     Advances by Authority  
   66.     Avoidance of contracts for sale of milk  
   67.     Remedy against Authority confined to claim for account  
   68.     Duty to give notice of encumbrances  
   69.     Authority not liable for payments made in good faith  
   70.     Authority protected in certain cases  

           Division 5 -- Power of Authority to borrow money  

   71.     Power of Treasurer to make advances to the Authority  
   72.     Authority may borrow money  
   73.     Investment of sinking fund  

           Division 6 -- General provisions relating to the Authority  

   75.     Funds of the Authority  
   76.     Certain expenditure to be paid out of the funds of the Authority  
   77.     Application of Financial Administration and Audit Act 1985  
   81.     Power of manager etc., to take proceedings for the Authority  

   PART III -- Control of quality and production of milk at dairies  

           Division 1 -- Registration and inspectors  

   83.     Dairies to be registered  
   83A.    Application for, suspension and cancellation of registration  
   84.     Saving of rights, etc., of certain inspectors  
   85.     Inspectors  
   86.     Certificate of inspector’s appointment  
   87.     Powers of inspectors as to inspection, etc., of dairy produce premises  
   88.     Further powers of inspectors  
   89.     Power to condemn milk, etc.  
   91.     Offence of failure to comply with order of inspector  

           Division 2 -- Miscellaneous  

   92.     Offences relating to sale or use of unwholesome milk  
   93.     Offence of exposing milk to contamination  
   94.     Offence of obstructing, etc.  
   96.     Recovery of fees, etc.  
   97.     Proof of certain matters not required  
   98.     Proceedings  
   99.     Indemnity  
   100.    Evidence  
   101.    Regulations  
   102.    Review  
           SCHEDULE


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