Growers Charge Act 1940

Western Australia

An Act to reserve to the grower of certain Crops which are subject to a bill of sale or other security an interest in such crops by creating a charge in his favour, and for other purposes.

[Assented to 30 December 1940.]

Be it enacted by the King's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same as follows: —

1.Short title

This Act may be called the Growers Charge Act 1940.

2.Interpretation

In this Act and for the purposes thereof, if not inconsistent with the context —

“Bill of sale” means a bill of sale within the meaning of the Bills of Sale Act 1899, and its amendments, by way of security, whether registered under the provisions of such Act or unregistered, and includes all assignments, transfers, declarations of trust without transfer, and other assurances of crops, powers of attorney, authorities, or licenses to take possession of crops, as security for the payment of money or the performance of an obligation.

“Crops” means wheat or oats marketed for grain.

3.Subject to priorities charge created in favour of grower of certain crops

Whenever crops are subject to a bill of sale then, notwithstanding the provisions of any other Act, there is hereby created in favour of the grower of such crops a charge on such crops to the extent of three shillings per acre in respect of so much of the area sown with such crops as does not exceed five hundred acres, and one shilling per acre on so much of such area as exceeds five hundred acres.

Provided that such charge in favour of the grower shall be subject to the following conditions: —

(a)It shall rank immediately after any other statutory charge and any advance for or towards the cost (as ascertained in the prescribed manner) of growing, harvesting, and carting such crops made under any bill of sale.

(b)It shall be paid or satisfied in priority to all other moneys secured by any bill of sale.

4.Grower's interest in crops under this Act not to be charged or assigned by way of security

The interest conferred on the grower by this Act in respect of crops grown by him shall not be capable of being charged, assigned, or otherwise dealt with by way of security, or attached, and shall not pass by operation of law to any other person, except the personal representative of a deceased grower, not shall any claim be set off against such interest.

5.Share-farmers

(a)Where crops are grown under a share-farming agreement and are affected by the charge created by this Act, any moneys accruing by reason of the charge shall be divided between the parties to the agreement in proportion to their respective interests thereunder in the crops or the proceeds thereof:

Provided that, where the agreement provides for the division of the crops or the proceeds thereof between the parties to the agreement on other than a proportionate basis, the moneys accruing by reason of the charge shall be divided between the parties and their respective interests in such moneys, determined in such manner as is prescribed.

(b)For the purposes of this section crops shall not be deemed to be grown in pursuance of a share-farming agreement, unless two or more persons agree to contribute towards the growing of the crops by the provision of either land, labour, material, or plant, and to divide among them in such shares and proportions as such persons may mutually agree, the proceeds of the crops so grown.

6.Offences

No person shall —

(a)obtain payment of any moneys in pursuance of the provisions of this Act by means of any false or misleading statement; or

(b)present to any grantee of a bill of sale or any authority or any person from or through whom any moneys in respect of the charge created by this Act are or might become payable, any document, or make to any such grantee, authority or person any statement which is false in any material particular.

Penalty: $1 000.

[Section 6 amended by No. 50 of 2003 s. 69(2).]

7.Regulations

The Governor may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular —

(a)for prescribing penalties not exceeding $1 000 for any breach of the regulations; and

(b)for prescribing from time to time the items of expenditure and matters which shall be taken into account in ascertaining for the purposes of section three, the cost of growing, harvesting, and carting crops; and

(c)for conferring upon any person any power or function incidental to or necessary or convenient for the effective operation of this Act; and

(d)for prescribing the rate of commission or deduction to be allowed to holders of bills of sale or any person as compensation for expense incurred or services rendered when moneys are paid to growers by or through such holders of bills of sale, or persons in respect of the charge arising under this Act; and

(e)for obtaining such books, documents and information as may be necessary in relation to compliance with this Act or any regulation made thereunder or any suspected contravention thereof.

[Section 7 amended by No. 78 of 1995 s.147.]

8.Contracting out prohibited

From and after the commencement of this Act its provisions shall apply and have effect in every case notwithstanding any contract or agreement to the contrary heretofore and hereafter made or entered into.

9.Application of Act

This Act shall apply to all crops sown after the first day of March, one thousand nine hundred and forty-one.

Notes

1This is a compilation of the Growers Charge Act 1940 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Short title	Number and Year	Assent	Commencement
Growers Charge Act 1940	54 of 1940	30 Dec 1940	30 Dec 1940
Sentencing (Consequential Provisions) Act 1995 s. 147	78 of 1995	16 Jan 1996	4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)
Sentencing Legislation Amendment and Repeal Act 2003 s. 69	50 of 2003	9 Jul 2003	15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)