Bulk Handling Act Regulations 1967

wheat means broken or unbroken smut balls (Tilletia tritici or Tilletia laevis) and flag smut (Urocystis agropyri);

barley means covered smut (Ustilago segetum var. hordei);

barley or oats, means seed of barley or oats, as the case requires, with the husk attached; or

sorghum or wheat, means seed of sorghum or wheat, as the case requires, with the husk removed;

barley means covered smut (Ustilago segetun var. hordei);

oats means covered smut (Ustilago segetun var. hordei) and loose smut (Ustilago avenae);

The Company shall in every year not later than 31 October take out a balance sheet and revenue account.

The balance sheet and revenue account shall be forwarded to the Minister not later than the following 30 April.

type of grain;

unique identifying number for each load of grain recorded on the ticket;

date of the receival of the grain;

place of receival;

name of the deliverer and his or her address;

time the grain was delivered and the Gross, Tare and Nett weights of the load; and

grade of the grain.

The Company shall maintain a register of grain entitlements held by the Company.

The register shall record the —

name of the person entitled to the grain or that person’s agent;

type of grain;

grade of grain; and

quantity of grain.

On the request of a person entitled to grain the Company shall issue a warrant with respect to that grain.

A warrant may be transferred by the person entitled to it to another person by an endorsement of the transfer on the warrant.

Every person growing grain for delivery to the Company shall in each year in respect to each type of grain proposed to be delivered furnish to the Company on or before 31 August in that year or such other later date as the Company specifies an estimate showing —

the name of the grower;

the location numbers and total area in hectares of the farm holding on which the grain is being grown;

the total area in hectares of arable land on the holding;

the hectares sown of each type of grain on the holding;

the place or places where delivery is proposed to be made; and

such other information as the Company may require the person to provide.

Every person tendering grain to the Company shall with each load tendered deliver or cause to be delivered to the duly authorised officer of the Company at the receival point a written statement showing in respect of the grain the —

date of delivery;

place of delivery;

approximate quantity tendered; and

type of grain and its variety.

The Company shall not receive grain from a person until the statements required by subregulations (1) and (2) have been delivered.

Before receiving grain at a receival point in each season, the Company shall publish the date or dates on which it proposes to commence receiving grain at the receival point and the type of grain to be received.

The Company may for any reason, including weather conditions, cease to receive grain at any receival point at any time for such period as it considers necessary.

A person shall not without the prior consent of the Company deliver or attempt to deliver grain that —

has been pickled;

is green or immature;

contains green material that has more than 14% of water;

is of a season other than the current season at the time of delivery;

contains insects;

includes bored kernels;

contains declared pests as defined in the Biosecurity and Agriculture Management Act 2007 section 6;

includes genetically modified grain;

contains or is contaminated by any substance that is prohibited as an additive to food under a law of the State or the Commonwealth;

may contaminate or reduce the average quality of other grain in the custody of the Company; or

cannot be handled in bulk.

Where a person delivers grain to the Company in contravention of this regulation, he is liable to the Company for any expenses and damages that the Company sustains in consequence thereof, and the Company may separate so much of such grain from any other grain in the bin or other receptacle as is practicable and the grower is bound to pay the costs of and the costs incidental to the separation.

A person who delivers or attempts to deliver grain to the Company in contravention of this regulation is, without prejudice to any right the Company may have to recover damages at law, liable to a penalty not exceeding $2 000.

draw a representative sample of not less than 2 litres;

divide the said sample into 2 equal sub‑samples;

seal each sub‑sample with a statement showing the relevant details in a sample bag supplied by the Company;

fasten securely to each of the sample bags an address label showing the date, the type of grain, the name of the grower, the name of the receival point and the letter “S”;

send one sub‑sample to the office of the Company;

retain the other sub‑sample at the receival point; and

where a weighbridge ticket is issued, mark it or cause it to be marked with the letter “S” or other appropriate symbol in the space provided for marking the grade.

Where the grower or his representative requires that the determination of grade shall be made by an officer at an office of the Company nominated by it, he shall —

complete a Form 2 in duplicate; and

as soon as it is practicable deliver the completed form in duplicate to the officer at the point where the grain was tendered.

Where a grower or his representative complies with the provisions of subregulation (1) the officer at the point where the grain is tendered shall —

in the presence of the grower or his representative —

draw a representative sample of not less than 2 litres;

divide the said sample into 2 equal sub‑samples and

seal each sub‑sample with one copy of the Form 2 in a sample bag supplied by the Company;

fasten securely to each of the sample bags an address label showing the date, the type of grain, the name of the grower, the name of the receival point and the letters “S.P.C.”;

send one sub‑sample to the office of the Company nominated by it; and

retain the other sub‑sample at the receival point; and

where a weighbridge ticket is issued, mark it or cause it to be marked with the letters “S.P.C.” in the space provided for marking the grade of the grain.

On receipt of a sub‑sample sent to the office pursuant to subregulation (2)(c) an officer of the Company shall examine it and assess the grade or, at his discretion, require the sub‑sample retained at the receival point to be forwarded and may make his assessment on the basis of either or both of the sub‑samples.

Where a grower or his representative requires the determination of grade to be made by the Department, he shall —

complete a Form 3 in triplicate; and

as soon as practicable deliver the completed form in triplicate to the officer at the point where the grain was tendered.

Where a grower or his representative complies with the provisions of subregulation (1) the officer shall —

in the presence of the grower or his representative —

take a representative sample of not less than 3 litres;

divide the said sample into 3 equal sub‑samples; and

seal each sub‑sample with one copy of the Form 3 in a sample bag supplied by the Company;

fasten securely to each of the sample bags an address label showing the date, the type of grain, the name of the grower, the name of the receival point and the letters “S.P.”;

send one sub‑sample to the office of the Company nominated by it; and

give one sub‑sample to the grower or his representative;

send the third sub‑sample to the Department; and

where a weighbridge ticket is issued mark it or cause it to be marked with the letters “S.P.” in the space provided for marking the grade of the grain.

Where an officer gives a sub‑sample to a grower or his representative pursuant to subregulation (2)(d) the grower or his representative shall send it together with the required examination fee to the Department.

On receipt of the sub‑samples sent pursuant to subregulation (2)(e) and pursuant to subregulation (3), the Department —

shall examine each separately and assess the grade on the basis of the combined examination; and

may reject either of the sub‑samples and make its assessment on the basis of the remaining sub‑sample or require the sub‑sample retained by the Company to be forwarded and make its assessment on the basis of any one or more of the sub‑samples.