Version No. 032
Melbourne Market Authority Act 1977
No. 8993 of 1977
Version incorporating amendments as at 15 February 2008
table of provisions
Section Page
iii
Section Page
Part I—Preliminary 1
1 Short title and commencement 1
2 Repealed 1
3 Definitions 2
3A Market a public place 3
Part II—The Melbourne Market Authority 4
4 Establishment of the Authority 4
5 Objects of the Authority 5
6 Functions of the Authority 5
7 Powers of the Authority 6
8 Ministerial directions 7
9 Members of the Authority 7
10 Terms and conditions of office of member 7
11 Chairperson 8
12 Acting appointments 8
13 Validity of acts or decisions of the Authority 9
13A Proceedings of the Authority 9
13B Chief executive officer 10
13C Staff 10
13D Advisory committees 10
Part III—Financial 12
14 Financial matters 12
15 Authority may make certain grants 12
16 Borrowing on overdraft 12
17 Limit on borrowing by Authority 13
18 Insurance 13
19 Repealed 14
19A Authority to pay dividend 14
20 Limitation on extent to which Authority may enter into contracts 14
21 Borrowing by Authority 14
22 Sinking fund 16
23 Power to invest in Authority's securities 16
24 Appointment of receiver in certain cases 17
24A Regulations 19
25 Provisions of Schedule 1 incorporated 20
Part IV—General 21
26 Use of market land 21
27–31 Repealed 21
32 Exemption from rates 21
33 Repealed 21
34 Enlargement of market land 22
35 Leases etc. to be subject to certain terms 22
36 Proceedings 23
37 Proof 23
38 By-laws 23
38A Further provisions as to the by-laws 25
Part V—Transitional Provisions andConsequential Amendments 28
39 Appointed day 28
40 Finance Committee 28
41 Orders of Governor in Council in relation to transfer of market 30
42 Transfer of Melbourne wholesale fruit and vegetable market 33
43 Trust to issue new debentures etc. 35
44 Trust entitled to be paid certain amounts 35
45 Transitional provisions of transfer to Trust of market land and market 35
46 Transfer of employees of Council to Trust 36
47–49 Repealed 39
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SCHEDULES 40
SCHEDULE 1 40
Part I—Debentures 40
PART II—STOCK 43
SCHEDULE 2—Plan of market land in the Parish of Doutta Galla, County of Bourke 49
SCHEDULE 3—Repealed 49
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ENDNOTES 50
1. General Information 50
2. Table of Amendments 51
3. Explanatory Details 58
iii
Version No. 032
Melbourne Market Authority Act 1977
No. 8993 of 1977
Version incorporating amendments as at 15 February 2008
An Act to establish the Melbourne Wholesale Fruit and Vegetable Market Trust, to give effect to the Transfer of the Melbourne Wholesale Fruit and Vegetable Market to that Trust, to repeal the Melbourne Wholesale Fruit and Vegetable Market Act 1968, to amend the Road Traffic Act 1958, the Farm Produce Merchants and Commission Agents Act 1965, the Land Tax Act 1958 and the Local Authorities Superannuation Act 1958, and for other purposes.
58
Melbourne Market Authority Act 1977
No. 8993 of 1977
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
Part I—Preliminary
1 Short title and commencement
S. 1(1) amended by No. 127/1993 s.4.
(1) This Act may be cited as the Melbourne Market Authority Act 1977.
(2) The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
S. 2
repealed by No. 41/1987 s.103(Sch. 4 item 46.1).
* * * * *
3 Definitions
s. 3
In this Act unless inconsistent with the context or subject-matter—
appointed day means the day proclaimed under section 39;
S. 3 def. of Authority inserted by No. 127/1993 s.5(a).
Authority means the Melbourne Market Authority established by Part II;
S. 3 def. of chairman substituted as def. of chairperson by No. 127/1993 s.5(b).
chairperson means chairperson of the Authority and includes a person appointed to act as chairperson;
Council means the Council of the City of Melbourne;
fruit means fruit within the meaning of the Fruit and Vegetables Act 1958;
market area means the market land other than such parts of that land as are excluded from the market area by a declaration in force under section 27;
market land means—
(a) the land delineated and shown hatched on the plan in Schedule 2; and
(b) land in respect of which notice is published in the Government Gazette under section 34;
S. 3 def. of member substituted by No. 127/1993 s.5(c).
member means member of the Authority and includes the chairperson and a person appointed to act as member;
S. 3 def. of prescribed amended by No. 35/1988 s.23(a).
prescribed means prescribed by this Act, the regulations or the by-laws;
Treasurer means the Treasurer of Victoria;
S. 3 def. of Trust repealed by No. 127/1993 s.5(d).
* * * * *
vegetables means vegetables within the meaning of the Fruit and Vegetables Act 1958.
S. 3A
inserted by No. 40/1996
s. 21.
3A Market a public place
s. 3A
The market land is to be treated as a market for the purposes of paragraph (j) of the definition of public place in section 3 of the Summary Offences Act 1966.
______
Pt 2 (Heading and ss 4–13) amended by Nos 9194 ss 2, 3, 41/1987 s.103(Sch. 4 item 46.2), 68/1987
ss 37(1), 38, 39(1)(a)(2)(3), 35/1988 s.23(b), 72/1989 s.14, substituted
as Pt 2 (Heading and ss 4–13D) by No.127/1993 s.6.
Part II—The Melbourne Market Authority[1]
S. 4 substituted by No. 127/1993 s.6.
4 Establishment of the Authority
s. 4
(1) There is established an Authority to be known as the Melbourne Market Authority.
(2) The Authority—
(a) is a body corporate with perpetual succession; and
(b) shall have a common seal; and
(c) may sue and be sued in its corporate name; and
(d) may acquire, hold and dispose of personal property; and
(e) may—
(i) with the approval of the Governor in Council and the consent of the Minister administering section 4 of the Crown Land (Reserves) Act 1978, purchase or acquire any Crown land; and
(ii) with the approval of the Minister, purchase or acquire any other real property; and
(iii) with the approval of the Minister, hold and dispose of real property.
(3) The Governor in Council may grant, on any terms and conditions that it thinks fit, to the Authority any Crown land purchased or acquired by the Authority under subsection (2)(e).
(4) The common seal of the Authority must be kept in such custody as the Authority directs and must not be used except as authorised by the Authority.
(5) All courts, judges and persons acting judicially must take judicial notice of the common seal of the Authority affixed to a document and until the contrary is proved must presume that it was duly affixed.
S. 5 substituted by No. 127/1993 s.6.
5 Objects of the Authority
s. 5
The objects of the Authority are—
(a) to provide a commercially viable wholesale facility for the efficient distribution of fresh produce; and
S. 5(b) amended by No. 40/1996
s. 22.
(b) to optimise returns on land and assets controlled and managed by the Authority; and
S. 5(c) inserted by No. 40/1996
s. 22.
(c) to ensure a fair and competitive environment for the wholesale trading of produce.
S. 6 substituted by No. 127/1993 s.6.
6 Functions of the Authority
The Authority has the following functions—
(a) to control, maintain and manage the Melbourne wholesale fruit and vegetable market and the market land;
(b) to promote the use of the facilities at the Melbourne wholesale fruit and vegetable market;
(c) to provide advice and information to the Minister on matters relating to the market and its use by industry and on industry related matters generally;
(d) to do all things necessary or convenient to enable the Authority to achieve its objects;
(e) to do all things the Authority is authorised or required to do by or under this or any other Act or law.
S. 7 substituted by No. 127/1993 s.6.
7 Powers of the Authority
s. 7
(1) Subject to this Act, the Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
(2) Without limiting the generality of subsection (1), the Authority may, subject to this Act—
(a) grant leases, tenancies, permits and licences of land forming part of, or of buildings or chattels on, the market land or other land purchased or acquired by the Authority subject to any terms and conditions and the payment of any fees that the Authority determines;
(b) enter into arrangements with other persons for the sale by the Authority on behalf of those persons of fruit, vegetables or cut flowers, including arrangements for the payment to the Authority of commission or other amounts;
(c) provide on the market land any buildings, premises, machinery or other equipment for the purposes of the Melbourne wholesale fruit and vegetable market.
(3) Despite section 4, the Authority is not required to obtain the approval of the Minister to the grant of a lease, tenancy, permit or licence under this section unless the grant is for a term that exceeds or may exceed 10 years.
S. 8 substituted by No. 127/1993 s.6.
8 Ministerial directions
s. 8
(1) The Authority is subject to—
(a) the general direction and control of the Minister; and
(b) any specific written directions given by the Minister.
(2) The Authority must provide the Minister with the information, reports and documents relating to its policies and activities that the Minister requests.
S. 9 substituted by No. 127/1993 s.6.
9 Members of the Authority
The Authority shall consist of not less than 3, and not more than 5, members appointed by the Minister, having regard to their capacity to achieve the objects of the Authority and having qualifications or experience that the Minister considers appropriate.
S. 10 substituted by No. 127/1993 s.6.
10 Terms and conditions of office of member
(1) A member holds office—
(a) for the term, not exceeding 3 years, that is specified in the instrument of appointment, and is eligible for re-appointment; and
(b) subject to the terms and conditions determined by the Minister and specified in the instrument of appointment.
(2) The office of a member becomes vacant if—
(a) the member becomes bankrupt; or
(b) the member is convicted of an offence which is, or which would if committed in Victoria be, an indictable offence; or
(c) the member is absent from 4 consecutive meetings of the Authority without the Minister's prior consent.
(3) A member may resign his or her office in writing delivered to the Minister.
(4) The Minister may remove a member from office.
(5) A member is entitled to be paid such remuneration and travelling and other allowances as are specified in the instrument of appointment.
S. 10(6) substituted by Nos 46/1998
s. 7(Sch. 1), 108/2004 s.117(1) (Sch.3 item130), 80/2006 s.26(Sch. item67).
(6) The Public Administration Act 2004 (other than Part3 of that Act) applies to a member in respect of the office of member.
S. 11 substituted by No. 127/1993 s.6.
11 Chairperson
s. 11
(1) The Minister must appoint one member to be chairperson of the Authority.
(2) The chairperson may resign that office in writing delivered to the Minister.
S. 12 substituted by No. 127/1993 s.6.
12 Acting appointments
(1) The Minister may appoint a person to act as a member during any period when a member is absent or unable to perform the duties of office.
(2) The Minister may appoint a member to act as chairperson—
(a) during a vacancy in the office of chairperson; or
(b) during any period, or during all periods, when the chairperson is unable, for any reason, to attend meetings of the Authority.
(3) While so acting, the person has all the powers and privileges and may perform all the functions and duties conferred by this Act on the member or chairperson, as the case may be.
(4) An appointment under subsection (1) or (2) is on the terms and conditions determined by the Minister.
(5) The Minister may at any time terminate an appointment under subsection (1) or (2).
S. 13 substituted by No. 127/1993 s.6.
13 Validity of acts or decisions of the Authority
s. 13
An act or decision of the Authority is not invalid by reason only of—
(a) a defect or irregularity in or in connection with the appointment of a member; or
(b) a vacancy in the office of member.
S. 13A substituted by No. 127/1993 s.6.
13A Proceedings of the Authority
(1) Meetings of the Authority shall be held at least once in each month at such times and places as the Authority determines.
(2) The chairperson or, in his or her absence, a member appointed by the chairperson shall preside at a meeting of the Authority.
(3) A majority of the members for the time being constitutes a quorum of the Authority.
(4) A question arising at a meeting shall be determined by a majority of votes of members present and voting on that question and, if voting is equal, the person presiding has a casting, as well as a deliberative, vote.
(5) The Authority must ensure that minutes are kept of each of its meetings.
(6) The Authority may permit members to participate in a particular meeting, or all meetings, by telephone, closed-circuit television or other means of communication.
(7) A member who participates in a meeting under permission under subsection (6) is to be taken to be present at the meeting.
(8) Subject to this Act, the Authority may regulate its own proceedings.
S. 13B inserted by No. 127/1993 s.6.
13B Chief executive officer
s. 13B
(1) The Authority may appoint a chief executive officer for the term, not exceeding 5 years, that is specified in the instrument of appointment but is eligible for re-appointment.