{"id":"growers-charge-act-1940","name":"Growers Charge Act 1940","slug":"growers-charge-act-1940","collection":"act","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30703,"registerId":"wa-growers-charge-act-1940-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Growers Charge Act 1940","content":"![Crest]()Western Australia\n\nGrowers Charge Act 1940\n\nWestern Australia\n\nGrowers Charge Act 1940\n\nContents\n\n1. Short title 1\n\n2. Terms used in this Act 1\n\n3. Subject to priorities charge created in favour of grower of certain crops 1\n\n4. Grower’s interest in crops under this Act not to be charged or assigned by way of security 2\n\n5. Share‑farmers 2\n\n6. Offences 3\n\n7. Regulations 3\n\n8. Contracting out prohibited 4\n\n9. Application of Act 4\n\nNotes\n\nCompilation table 5\n\n  \n\nWestern Australia\n\nGrowers Charge Act 1940\n\nAn 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.\n\n[Long title amended: No. 42 of 2011 s. 46.]\n\n##### 1. Short title\n\nThis Act may be called the *Growers Charge Act 1940* 1.\n\n##### 2. Terms used in this Act\n\nIn this Act and for the purposes thereof, if not inconsistent with the context —\n\n  crops means wheat or oats marketed for grain;\n\nsecured party has the meaning given in the *Personal Property Securities Act 2009* (Commonwealth) section 10;\n\nsecurity agreement has the meaning given in the *Personal Property Securities Act 2009* (Commonwealth) section 10;\n\n[Section 2 amended: No. 42 of 2011 s. 47.]\n\n##### 3. Subject to priorities charge created in favour of grower of certain crops\n\n(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.\n\nProvided that such charge in favour of the grower shall be subject to the following conditions:\n\n(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.\n\n(b) It shall be paid or satisfied in priority to all other moneys secured by any security agreement.\n\n(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).\n\n[Section 3 amended: No. 113 of 1965 s. 8; No. 42 of 2011 s. 48.]\n\n##### 4. Grower’s interest in crops under this Act not to be charged or assigned by way of security\n\nThe interest conferred on the grower by this Act in respect of crops grown by him shall not be capable of being charged, assigned, or otherwise dealt with by way of security, or attached, and shall not pass by operation of law to any other person, except the personal representative of a deceased grower, not shall any claim be set off against such interest.\n\n##### 5. Share‑farmers\n\n(a) Where crops are grown under a share‑farming agreement and are affected by the charge created by this Act, any moneys accruing by reason of the charge shall be divided between the parties to the agreement in proportion to their respective interests thereunder in the crops or the proceeds thereof:\n\nProvided that, where the agreement provides for the division of the crops or the proceeds thereof between the parties to the agreement on other than a proportionate basis, the moneys accruing by reason of the charge shall be divided between the parties and their respective interests in such moneys, determined in such manner as is prescribed.\n\n(b) For the purposes of this section crops shall not be deemed to be grown in pursuance of a share‑farming agreement, unless 2 or more persons agree to contribute towards the growing of the crops by the provision of either land, labour, material, or plant, and to divide among them in such shares and proportions as such persons may mutually agree, the proceeds of the crops so grown.\n\n##### 6. Offences\n\nNo person shall —\n\n(a) obtain payment of any moneys in pursuance of the provisions of this Act by means of any false or misleading statement; or\n\n(b) present to any secured party or any authority or any person from or through whom any moneys in respect of the charge created by this Act are or might become payable, any document, or make to any such secured party, authority or person any statement which is false in any material particular.\n\nPenalty: $1 000.\n\n[Section 6 amended: No. 50 of 2003 s. 69(2); No. 42 of 2011 s. 49.]\n\n##### 7. Regulations\n\nThe Governor may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular —\n\n(a) for prescribing penalties not exceeding $1 000 for any breach of the regulations; and\n\n(b) for prescribing from time to time the items of expenditure and matters which shall be taken into account in ascertaining for the purposes of section 3, the cost of growing, harvesting, and carting crops; and\n\n(c) for conferring upon any person any power or function incidental to or necessary or convenient for the effective operation of this Act; and\n\n(d) for prescribing the rate of commission or deduction to be allowed to a secured party or any person as compensation for expense incurred or services rendered when moneys are paid to growers by or through such a secured party, or persons in respect of the charge arising under this Act; and\n\n(e) for obtaining such books, documents and information as may be necessary in relation to compliance with this Act or any regulation made thereunder or any suspected contravention thereof.\n\n[Section 7 amended: No. 78 of 1995 s. 147; No. 42 of 2011 s. 50.]\n\n##### 8. Contracting out prohibited\n\nFrom and after the commencement of this Act its provisions shall apply and have effect in every case notwithstanding any contract or agreement to the contrary heretofore and hereafter made or entered into.\n\n##### 9. Application of Act\n\nThis Act shall apply to all crops sown after 1 March 1941.\n\nNotes\n\n1 This is a compilation of the *Growers Charge Act 1940* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Short title** | **Number and year** | **Assent** | **Commencement** |\n| --- | --- | --- | --- |\n| *Growers Charge Act 1940* | 54 of 1940   (4 and 5 Geo. VI No. 54) | 30 Dec 1940 | 30 Dec 1940 |\n| *Decimal Currency Act 1965* | 113 of 1965 | 21 Dec 1965 | Act other than s. 4‑9: 21 Dec 1965 (see s. 2(1));   s. 4‑9: 14 Feb 1966 (see s. 2(2)) |\n| *Sentencing (Consequential Provisions) Act 1995* s. 147 | 78 of 1995 | 16 Jan 1996 | 4 Nov 1996 (see s. 2 and *Gazette* 25 Oct 1996 p. 5632) |\n| *Sentencing Legislation Amendment and Repeal Act 2003* s. 69 | 50 of 2003 | 9 Jul 2003 | 15May 2004 (see s. 2 and *Gazette* 14 May 2004 p. 1445) |\n| **Reprint 1: The *Growers Charge Act 1940* as at 22 Jun 2007** (includes amendments listed above) | | | |\n| *Personal Property Securities (Consequential Repeals and Amendments) Act 2011* Pt. 4 Div. 5 | 42 of 2011 | 4 Oct 2011 | 30 Jan 2012 (see s. 2(c) and Cwlth Legislative Instrument No. F2011L02397 cl. 5 registered 21 Nov 2011) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ncrops 2\n\nsecured party 2\n\nsecurity agreement 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Amendments recorded in the compilation (notably the 2011 amendment) altered interaction with the Commonwealth Personal Property Securities Act by importing PPSA definitions for ‘secured party’ and ‘security agreement’ (s2) and declaring that PPSA s73(2) applies to the growers’ charge (s3(2)). Those changes affect how the charge is registered and ranked under the PPSA framework, while the Act’s core per‑acre rates and priority scheme (s3) remain in place."},"complexity_factors":["Narrow subject matter: applies only to ‘crops’ defined as wheat or oats marketed for grain (s2).","Fixed monetary formula by acreage for the growers’ charge (s3(1)).","Priority ordering with exceptions: charge ranks after statutory charges and growing‑cost advances but ahead of other secured moneys (s3(1)(a)–(b)).","Dependence on Commonwealth Personal Property Securities Act definitions and mechanics (s2; s3(2) declares PPSA s73(2) applies).","Prohibition on assignment or use of growers’ interest as security (s4) increases enforceability but limits growers’ capacity to trade the interest.","Share‑farming allocation rules and prescription for non‑pro rata arrangements (s5) introduce procedural detail.","Broad regulation‑making powers (s7) allow prescription of costs, commission rates, information access and penalties, creating administrative discretion.","Criminal penalty for false statements (s6) and general prohibition on contracting out (s8) affect compliance and contracting practices.","Temporal scope limited to crops sown after a specific date (s9), creating application and transitional boundaries."],"plain_english_summary":"This Act creates a statutory growers’ charge on wheat or oats when those crops are subject to a security agreement: the grower is entitled to 30¢ per acre on the first 500 acres and 10¢ per acre thereafter. The charge ranks ahead of amounts secured by the security agreement but after other statutory charges and advances for growing costs, cannot be assigned or used as security, and includes rules for share‑farming splits and enforcement."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. Only the page title and an error message were provided."},"complexity_factors":["No legislative content was retrievable — only an error/redirect page was provided","Cannot assess complexity without access to the actual text of the Act","Score of 1 reflects absence of analysable content, not simplicity of the law itself"],"plain_english_summary":"## Growers Charge Act 1940 (WA)\n\n**⚠️ Content Unavailable**\n\nThe actual text of this Western Australian law could not be retrieved. The legislative content page is no longer available at its previous web address due to system upgrades on the Western Australian legislation website.\n\n**What we know from the title alone:**\n- This is a **Western Australian** law dating from **1940**\n- Its name suggests it deals with a legal charge (a type of security interest — similar to a lien — that gives someone a legal claim over property until a debt is paid) in favour of **growers**, likely in an agricultural context\n- Laws of this era in WA commonly related to primary industries such as wheat, wool, or other farming produce\n\n**To access the actual text**, visit the Western Australian legislation website (legislation.wa.gov.au) and search directly for \"Growers Charge Act 1940\" using their search menu."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose. The 2011 amendments merely updated terminology to align with the Commonwealth Personal Property Securities Act 2009 (changing references from 'charge' and 'mortgage' concepts to 'security agreement' and 'secured party'), without expanding the substantive scope. The Act still only covers wheat and oats, maintains the same acreage-based payment structure, and applies only to crops sown after the original 1941 commencement date."},"complexity_factors":["Only 3 defined terms in the interpretation section (crops, secured party, security agreement)","Single clear mechanism: fixed-rate charge per acre with straightforward tiered structure (30c/10c split at 500 acres)","Simple priority ladder in section 3(1)(a)-(b) with only two tiers of precedence","Minimal cross-referencing: only references to the Commonwealth Personal Property Securities Act 2009 for definitions and one declaration","Short length: 9 substantive sections covering a discrete, narrow policy area","No nested exceptions or complex conditional logic—provisions apply broadly without extensive carve-outs","Straightforward application: only applies to wheat and oats marketed for grain, sown after 1 March 1941"],"plain_english_summary":"**What this law does:**\n\nThis law protects wheat and oat farmers in Western Australia by giving them a guaranteed financial stake in their crops, even when those crops are being used as collateral (security) for a loan.\n\n**How it works:**\n\nWhen a farmer borrows money using their future wheat or oat crop as security (collateral) for the loan, this law automatically creates a special \"charge\" (a legal claim to money) in favour of the farmer. This means the farmer gets paid first from the crop's sale proceeds before the bank or lender takes their share—subject to some conditions.\n\n**The payment structure:**\n- **30 cents per acre** for the first 500 acres planted\n- **10 cents per acre** for any area above 500 acres\n\n**Priority rules (who gets paid first):**\n1. First: Any other government-created charges\n2. Second: Money lent specifically to pay for growing, harvesting, and transporting the crop\n3. **Third: The farmer's guaranteed payment under this Act**\n4. Last: Everything else owed to the bank/lender\n\n**Key protections:**\n- Farmers cannot sign away these rights (\"contracting out\" is banned)\n- The farmer's interest cannot be taken by other creditors or used as collateral for other loans\n- Share-farmers split the payment according to their agreement\n- False claims to get this money carry a $1,000 penalty\n\n**Who it affects:**\n- Wheat and oat growers in Western Australia\n- Banks and lenders who take crops as security\n- Share-farmers working together on crops\n\n**Why it matters:**\nThis is a Depression-era law (from 1940) designed to ensure farmers don't lose everything to banks. It guarantees farmers retain a minimum financial interest in their crops, providing a safety net even when they've borrowed heavily against their harvest. The law was updated in 2011 to work with modern national laws about personal property security."}},"importantCases":[],"_links":{"self":"/api/acts/growers-charge-act-1940","history":"/api/acts/growers-charge-act-1940/history","analysis":"/api/acts/growers-charge-act-1940/analysis","conflicts":"/api/acts/growers-charge-act-1940/conflicts","importantCases":"/api/acts/growers-charge-act-1940/important-cases","documents":"/api/acts/growers-charge-act-1940/documents"}}