What it does
Mechanically, the Bulk Handling Act 1967 creates a statutory framework regulating the receipt, handling, storage and delivery of bulk grain by Co‑operative Bulk Handling Limited, hereafter the Company. The Act sets out the Company’s core obligations, the documentation and title regime around grain and warrants, pricing and lien priorities, processes for grade determination and dispute resolution, and reporting and inspection rights. It also prescribes limits on the distribution of Company income and provides statutory authorisations for specific charges and payments. The Act authorises the Company to fix and recover charges for services (s 34), to create and hold special reserve accounts for outturn excesses (s 14), to insure grain in its custody (s 11), and to issue weighbridge tickets and negotiable warrants evidencing grain in bulk (ss 36-38). The Company holds a statutory lien in priority to other claims over grain it receives (s 35(1)), and the Act declares that certain State provisions operate consistently with the Commonwealth Personal Property Securities Act 2009 in relation to those liens (ss 34D(4), 35(2A), 51(3)).
The Act states its purpose as being to make better provision for the bulk handling of grain by the Company and for incidental and other purposes. That is an express objective in the opening recital. The statute implements that objective by imposing operational duties on the Company, prescribing commercial and procedural mechanisms for quality grading, warrants, payment and settlement, and enabling regulatory and Ministerial oversight, including requirements to furnish an audited balance sheet and revenue account to the Minister annually (s 12). The Act also preserves growers’ proprietary rights in grain while making the Company a custodian for reward (s 18).
The mechanical effects include: grower protection of title (s 18), Company duty to receive bulk grain subject to specified exceptions (s 42), Company duty to determine grades in accordance with adopted standards (s 6A; s 43), issuance and negotiability of warrants (s 37; s 38(2)), priority liens and set‑off entitlements for charges (ss 35, 35(2)), compulsory marketing interface and special rules during compulsory marketing periods (s 51), and a prohibition on distribution of Company profits to members (s 35A). The Act also gives the Governor and Minister scope to make and approve regulations and to direct record keeping and ballot procedures (ss 17(4), 53). Several provisions and parts have been deleted or amended in subsequent statutes, as recorded in the Act’s compilation table and marginal notes.