Western Australian Consolidated Acts

BULK HANDLING ACT 1967 - SECT 35

35 .         Company to have priority lien for charges

        (1)         The Company has a lien, in priority to all other claims, over any grain received by it, in respect of the charges payable in respect of that grain under the authority of this Act.

        (2A)         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 lien created under subsection (1).

        (2)         A person obtaining delivery of grain from the Company is authorised to pay the charges in respect of the grain and to set off any amount so paid against any moneys payable by him in respect of the grain, or of any equivalent quantity of grain, of which he may obtain delivery.

        [Section 35 amended by No. 29 of 2002 s. 13; No. 42 of 2011 s. 5.]

        [Heading inserted by No. 4 of 1971 s. 3.]