Barrister AI
All legislation
WARegulation
In force
This is the latest official compilation.Check the official source →
reg 16

Determination of assessment by Department

In force

16 Determination of assessment by Department

(1)

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

(a)

complete a Form 3 in triplicate; and

(b)

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

(2)

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

(a)

in the presence of the grower or his representative —

(i)

take a representative sample of not less than 3 litres;

(ii)

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

(iii)

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

(b)

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

(d)

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

(e)

send the third sub‑sample to the Department; and

(f)

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.

(3)

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.

(4)

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

(a)

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

(b)

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.

[Regulation 16 Erratum: Gazette 8 Apr 1968 p. 930; amended: Gazette 13 Jun 1975 p. 1898; 23 Sep 1983 p. 3843; 17 Feb 1989 p. 496; 7 Jul 1989 p. 2116; 9 Sep 2003 p. 4042.]

[16A. Deleted: Gazette 9 Sep 2003 p. 4043.]

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.