12/Dec/2003 - Current (at 31 Dec 2005)
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    9. Liability of grower to pay contribution

    (1) Subject to this Act, every grower who delivered 30 or more tonnes of

    (a) grain;

    (b) seed; or

    (c) grain and seed,

    to the Company or to a receiver of grain or seed grown during the crop year 1973-1974 shall pay a contribution to the Fund.

    (2) Subject to this Act, every grower who delivers 30 or more tonnes of

    (a) grain;

    (b) seed; or

    (c) grain and seed,

    to the Company or to a receiver of grain or seed grown during the crop year 1974-1975 or in respect of any subsequent crop year up to and including the crop year 1987-1988 shall in respect of each such crop year pay a contribution to the Fund.

    (2a) Subject to this Act, every grower who delivers

    (a) grain;

    (b) seed; or

    (c) grain and seed,

    to the Company or to a receiver of grain or seed, grown during the crop year 1988-1989, 1989-1990, 1990-1991 or during any other subsequent crop year shall in respect of that crop year pay a contribution to the Fund, in accordance with the order made for that crop year under subsection (3a).

    (2b) Subject to subsection (2c), when during any crop year any grain, seed, crop or bag is destroyed under a power exercised under the Plant Diseases Act 1914 and the owner of the grain, seed, crop or bag is in consequence entitled under section 13 to compensation, the Minister shall by notice published in the Gazette declare the crop year to be a declared crop year in relation to the kind of crop

    (a) to which the destroyed grain, seed or crop belonged; or

    (b) by which the destroyed bag was contaminated.

    (2c) A declaration under subsection (2b) shall not be made more than once in each crop year in relation to the same kind of crop.

    (2d) Subject to this Act, every grower who delivers

    (a) grain;

    (b) seed; or

    (c) grain and seed,

    harvested from a crop of the kind to which a declaration under subsection (2b) relates and grown during the relevant declared crop year shall in respect of that declared crop year pay a contribution to the Plant Diseases Eradication Fund in accordance with the order made for that declared crop year under subsection (3c).

    (3) The contribution prescribed by subsections (1) and (2) is

    (a) in respect of a crop year up to and including the crop year 1984-1985, $30; and

    (b) in respect of any subsequent crop year up to and including the crop year 1987-1988, $41.50.

    (3a) The Governor, on the recommendation of the Minister, shall, subject to subsection (3b), by order published in the Gazette prior to the commencement of each crop year referred to in subsection (2a) specify the amount of the contribution, or the method of calculating the contribution, to be paid to the Fund for that crop year.

    (3b) A recommendation made by the Minister under subsection (3a) shall be based on the cost or estimated cost of meeting the payments for services referred to in section 7.

    (3c) The Governor, on the recommendation of the Minister made forthwith after the making of a declaration under subsection (2b), shall, subject to subsection (3d), by order published in the Gazette as soon as practicable after the making of that recommendation, specify the amount of the contribution, or the method of calculating the contribution, to be paid to the Plant Diseases Eradication Fund for the relevant declared crop year.

    (3d) A recommendation made by the Minister under subsection (3c) shall be based on the cost or estimated cost of meeting the payments for services referred to in section 8F in respect of the relevant declared crop year.

    (4) A grower is liable to pay only one contribution under subsections (1) and (2) in respect of each crop year and whether or not he delivers grain and seed or more than one type of grain and seed to the Company or to a receiver of grain or seed and any amount paid by or in respect of a grower that is in excess of the amount payable under this section shall be refunded to him.

    (5) For the purpose of ascertaining the contribution, if any, a grower is liable to pay to the Fund under this section all deliveries of both grain and seed made by him shall be aggregated and for the purposes of this Act any grain or seed

    (a) delivered during the period of 12 months ended 31 October 1974 shall be deemed to have been grown during the crop year 1973-1974;

    (b) delivered during the period of 12 months ending 31 October 1975 shall be deemed to have been grown during the crop year 1974-1975;

    (c) delivered during the period of 12 months ending 31 October 1976 shall be deemed to have been grown during the crop year 1975-1976;

    (d) delivered during the period of 12 months ending 31 October 1977 shall be deemed to have been grown during the crop year 1976-1977;

    (e) delivered during the period of 12 months ending 31 October 1978 shall be deemed to have been grown during the crop year 1977-1978;

    (f) delivered during the period of 12 months ending 31 October 1979 shall be deemed to have been grown during the crop year 1978-1979;

    (g) delivered during the period of 12 months ending 31 October 1980 shall be deemed to have been grown during the crop year 1979-1980;

    (h) delivered during the period of 12 months ending 31 October 1981 shall be deemed to have been grown during the crop year 1980-1981;

    (i) delivered during the period of 12 months ending 31 October 1982 shall be deemed to have been grown during the crop year 1981-1982;

    (j) delivered during the period of 12 months ending on 31 October 1983 shall be deemed to have been grown during the crop year 1982-1983;

    (k) delivered during the period of 12 months ending on 31 October 1984 shall be deemed to have been grown during the crop year 1983-1984;

    (l) delivered during the period of 12 months ending on 31 October 1985 shall be deemed to have been grown during the crop year 1984-1985;

    (m) delivered during the period of 12 months ending on 31 October 1986 shall be deemed to have been grown during the crop year 1985-1986;

    (n) delivered during the period of 12 months ending on 31 October 1987 shall be deemed to have been grown during the crop year 1986-1987;

    (o) delivered during the period of 12 months ending on 31 October 1988 shall be deemed to have been grown during the crop year 1987-1988;

    (p) delivered during the period of 12 months ending on 31 October 1989 shall be deemed to have been grown during the crop year 1988-1989;

    (q) delivered during the period of 12 months ending on 31 October 1990 shall be deemed to have been grown during the crop year 1989-1990;

    (r) delivered during the period of 12 months ending on 31 October 1991 shall be deemed to have been grown during the crop year 1990-1991; and

    (s) delivered during any period of 12 months ending on 31 October of any year after the crop year 1990-1991 shall be deemed to have been grown during the crop year ending on 31 October next ensuing after that delivery,

    unless the person delivering the grain or seed satisfies the Board that it was produced in another crop year.

    (6) For the purpose of ascertaining the contribution, if any, a grower is liable to pay to the Plant Diseases Eradication Fund under this section, all deliveries made by him of grain or seed or both harvested from the crop of the kind to which the relevant declaration under subsection (2b) relates shall be aggregated.

    (7) For the purposes of this Act, any grain or seed of the relevant kind delivered during the period of 12 months ending on 31 October of any year shall be deemed to have been grown during the relevant declared crop year, if any, ending on 31 October next ensuing after that delivery, unless the person delivering the grain or seed satisfies the Board that it was produced in another crop year.

    [Section 9 amended by No. 89 of 1976 s. 2; No. 21 of 1979 s. 2; No. 27 of 1982 s. 3; No. 67 of 1985 s. 4; No. 25 of 1988 s. 4; No. 23 of 1991 s. 4.; No. 39 of 1995 s. 3; No. 53 of 1996 s. 9.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.