Growers Charge Act 1940 (WA)

Western Australia Growers Charge Act 1940 Western Australia Growers Charge Act 1940 Contents 1. Short title 1 2. Terms used in this Act 1 3. Subject to priorities charge created in favour of grower of certain crops 1 4. Grower's interest in crops under this Act not to be charged or assigned by way of security 2 5. Share‑farmers 2 6. Offences 3 7. Regulations 3 8. Contracting out prohibited 4 9. Application of Act 4 Notes Compilation table 5 Western Australia Growers Charge Act 1940 An Act to reserve to the grower of certain crops which are subject to a security agreement an interest in such crops by creating a charge in his favour, and for other purposes. [Long title amended: No. 42 of 2011 s. 46.]

1. Short title This Act may be called the Growers Charge Act 1940 1.

2. Terms used in this Act In this Act and for the purposes thereof, if not inconsistent with the context — crops means wheat or oats marketed for grain; secured party has the meaning given in the Personal Property Securities Act 2009 (Commonwealth) section 10; security agreement has the meaning given in the Personal Property Securities Act 2009 (Commonwealth) section 10; [Section 2 amended: No. 42 of 2011 s. 47.]

3. Subject to priorities charge created in favour of grower of certain crops (1) Whenever crops are subject to a security agreement 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 30 cents per acre in respect of so much of the area sown with such crops as does not exceed 500 acres, and 10 cents per acre on so much of such area as exceeds 500 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 security agreement. (b) It shall be paid or satisfied in priority to all other moneys secured by any security agreement. (2) In accordance with the Personal Property Securities Act 2009 (Commonwealth) section 73(2)(a), it is declared that section 73(2) of that Act applies to a charge created under subsection (1). [Section 3 amended: No. 113 of 1965 s. 8; No. 42 of 2011 s. 48.]