Bulk Handling Act 1967

When grain is tendered to the Company by, or on behalf of, a grower, an officer of the Company shall, subject to the succeeding provisions of this section, determine the grade of the grain and shall inform the person tendering the grain of his determination.

An officer of the Company who has made a determination under subsection (2) in respect of wheat tendered to the Company by or on behalf of a grower may take, and deal with, a sample of that wheat in the manner prescribed by the regulations.

If the grower consents, the officer mentioned in subsection (2) may, instead of determining the grade of the grain, receive it subject to the determination of the grade at an office of the Company nominated by it and the grower shall be informed by the Company of a determination so made.

Where the grade of grain is not to be determined by the officer at the place where it is tendered, he shall take, and deal with, a sample of the grain, in the manner prescribed by the regulations.

A person who is dissatisfied with a determination made pursuant to subsection (2), may require the determination to be made by an officer of the Company at Perth or by the Department of Agriculture ⁸ of the State and the determination shall, subject to subsection (5a), thereupon be made in the manner prescribed by the regulations.

A determination made by an officer of the Company in Perth or by the Department of Agriculture ⁸ of the State under subsection (5) —

shall be made in accordance with the standard or standards in accordance with which the Company would, if it were making that determination or causing it to be made under this Act, be obliged by section 6A to make that determination or cause it to be made; and

shall not comprise or include, as the case requires, the determination of the variety of any wheat received by the Company.

The regulations may provide for the payment of fees for, and expenses attendant upon, a determination made pursuant to subsection (5).

Where the grower or his representative does not dispute the grade determined pursuant to subsection (2), the officer of the Company shall cause his determination to be entered on the weighbridge ticket.