VersionNo. 035
Melbourne Market Authority Act1977
No. 8993 of 1977
Version incorporating amendments as at
18 July 2017
table of provisions
SectionPage
1
SectionPage
Part I—Preliminary
1Short title and commencement
3Definitions
3AMarket a public place
Part II—The Melbourne Market Authority
4Establishment of the Authority
5Objects of the Authority
6Functions of the Authority
7Powers of the Authority
8Ministerial directions
9Members of the Authority
10Terms and conditions of office of member
11Chairperson
12Acting appointments
13Validity of acts or decisions of the Authority
13AProceedings of the Authority
13BChief executive officer
13CStaff
13DAdvisory committees
Part III—Financial
14Financial matters
15Authority may make certain grants
16Borrowing on overdraft
17Limit on borrowing by Authority
18Insurance
19AAuthority to pay dividend
20Limitation on extent to which Authority may enter into contracts
21Borrowing by Authority
22Sinking fund
23Power to invest in Authority's securities
24Appointment of receiver in certain cases
24ARegulations
25Provisions of Schedule 1 incorporated
Part IV—General
26Use of market land
32Exemption from rates
34Enlargement of market land
35Leases etc. to be subject to certain terms
36Proceedings
37Proof
38By-laws
38AFurther provisions as to the by-laws
Part V—Transitional provisions andconsequential amendments
39Appointed day
40Finance Committee
41Orders of Governor in Council in relation to transfer of market
42Transfer of Melbourne wholesale fruit and vegetable market
43Trust to issue new debentures etc.
44Trust entitled to be paid certain amounts
45Transitional provisions of transfer to Trust of market land and market
46Transfer of employees of Council to Trust
Schedules
Schedule 1
Schedule 2—Plan of market land in the Parish of Doutta Galla, County of Bourke
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Endnotes
1General information
2Table of Amendments
3Amendments Not in Operation
4Explanatory details
1
VersionNo. 035
Melbourne Market Authority Act1977
No. 8993 of 1977
Version incorporating amendments as at
18 July 2017
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.
1
Part I—Preliminary
Melbourne Market Authority Act1977
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
1Short 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).
*****
3Definitions
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 areameans 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;[1]
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.
3AMarket a public place
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
S. 4 substituted by No. 127/1993 s.6.
4Establishment of the Authority
(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.
5Objects of the Authority
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.
6Functions 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.
7Powers of the Authority
(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.
8Ministerial directions
(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.
9Members 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.
10Terms 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.
11Chairperson
(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.
12Acting 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.
13Validity of acts or decisions of the Authority
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.
13AProceedings 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.
13BChief executive officer
(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.
(2)The chief executive officer holds office, subject to this Act, on the terms and conditions that are specified in the instrument of appointment.
S. 13C inserted by No. 127/1993 s.6.
13CStaff
(1)The Authority may engage such officers or employees as are necessary for the performance of its functions.
(2)The terms and conditions of appointment or employment are as determined by the Authority.
S. 13D inserted by No. 127/1993 s.6.
13DAdvisory committees
(1)The Authority must establish the following advisory committees—
(a)a Fruit and Vegetable Wholesalers Committee;
(b)a Fruit and Vegetable Growers Committee;
(c)a Fruit and Vegetable Retailers Committee;
(d)a Flower Industry Committee.
(2)The Authority may from time to time establish any additional advisory committee that it considers desirable.
(3)The Authority must consult each advisory committee not less than 4 times each year.
(4)An advisory committee must consist of 5 persons appointed by the Authority, of whom—
(a)3 are selected from a panel of names submitted by industry organisations which in the opinion of the Authority represent the interests of fruit and vegetable wholesalers, growers or retailers or the flower industry (asthe case may be); and
(b)2 are appointed following a call for nominations by the Authority published in a newspaper circulating generally in Victoria and in an industry journal.
(5)Subject to subsection (8), a member of an advisory committee holds office for 3 years and is eligible for re-appointment.
(6)The chairperson of an advisory committee must be appointed by the Authority.
(7)Subject to this Act and to any directions of the Authority, an advisory committee may regulate its own proceedings.
(8)An advisory committee may be dissolved by the Authority at any time.
Part III—Financial
S. 14 amended by No. 127/1993 s.9(1).
14Financial matters
S. 14(1) amended by No. 11/2001 s.3(Sch. item48.1).
(1)The Authority may open and maintain an account or accounts with an authorised deposit-taking institution or institutions within the meaning of the Banking Act 1959 of the Commonwealth and shall maintain at all times at least one such account.
(2)The Authority shall pay all moneys of the Authority into an account referred to in subsection(1).
(3)Subject to subsection (4) the moneys held by the Authority shall be applied only in payment or discharge of the costs and expenditure of the Authority under this Act.
(4)The Authority may invest moneys of the Authority in such manner as the Treasurer from time to time approves.
S. 15 amended by No. 127/1993 s.9(1).
15Authority may make certain grants
The Authority may make grants of money, subject to such terms and conditions as it determines, to persons for purposes that, in the opinion of the Authority, will promote the sale of fruit, vegetables or cut flowers at the Melbourne wholesale fruit and vegetable market.
16Borrowing on overdraft
S. 16(1) amended by Nos 127/1993 s.9(1), 11/2001 s.3(Sch. item48.2).
(1)For the temporary accommodation of the Authority it may, with the approval of the Treasurer, obtain advances by overdraft of current account with an authorised deposit-taking institution or institutions within the meaning of the Banking Act 1959 of the Commonwealth upon the credit of the Authority but so that the principal moneys owing on overdraft do not at any time exceed the amount for the time being specified by the Treasurer.
S. 16(2) amended by No. 127/1993 s.9(1).
(2)The repayment of all moneys borrowed by the Authority in accordance with subsection (1) by way of overdraft and the payment of interest on those moneys is hereby guaranteed by the Government of Victoria.
(3)Moneys required by the Government of Victoria for fulfilling a guarantee referred to in subsection (2) shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and moneys received or recovered by the Government of Victoria in respect of moneys so paid shall be paid into the Consolidated Fund.
S. 17 amended by Nos 127/1993 s.9(1), 68/1987
s. 40(a).
17Limit on borrowing by Authority
(1)The Authority shall not borrow moneys if, as a result of the borrowing, there would at any time be owed by the Authority amounts the total of which exceeds the amount for the time being fixed by the Minister with the Treasurer's approval.
(2)A reference in subsection (1) to amounts owed by the Authority includes a reference to amounts owed in respect of debts and liabilities transferred to the Authority under an agreement under Part V.
S. 18 amended by Nos 9194 s.4, 127/1993 s.9(1)(2), 46/1998
s. 7(Sch. 1).
18Insurance
The Authority may apply out of its funds such amounts as it thinks fit in or towards payment of the premiums on a policy of insurance effected to insure a member of the Authority or of anAdvisory Committee established under section13D who is not an employee in the public service of Victoria against accidents or sickness arising out of or in the course of the performance of his duties as a member of the Authority or of anAdvisory Committee established under section13D.
S. 19 amended by No. 127/1993
s. 9(1), repealed by No. 31/1994
s. 4(Sch. 2 item 52).
*****
S. 19A inserted by No. 127/1993 s.7.
19AAuthority to pay dividend
The Authority must pay to the State such dividend, at such times and in such manner as is determined by the Treasurer after consultation with the Authority and the Minister.
20Limitation on extent to which Authority may enter into contracts
S. 20(1) amended by Nos 35/1988 s.19, 127/1993 s.9(1).
(1)Before entering into any contract the consideration of which exceeds $250000, the Authority shall submit to the Minister such particulars as are from time to time required by the Minister to be submitted to him by the Authority with respect to such contracts.
S. 20(2) amended by Nos 35/1988 s.19, 127/1993 s.9(1).
(2)A contract made by the Authority the consideration of which exceeds $250000 shall not have any force or effect unless sanctioned by the Minister.
(3)Nothing in this section applies to or in respect of an agreement under Part V.
S. 21 amended by No. 127/1993 s.9(1).
21Borrowing by Authority
(1)Subject to this Act, the Authority may, with the approval of the Treasurer, and subject to such terms and conditions as he imposes, borrow moneys under this section for the purposes of this Act.
(2)A sum which the Authority is authorized to borrow may be raised as one loan or as several loans.
(3)Each loan raised by the Authority under this section shall be raised—
(a)by the issue of debentures payable to bearer with interest coupons attached;
(b)by the creation and issue of inscribed stock to be called "Melbourne Wholesale Fruit and Vegetable Market Inscribed Stock" (in this Part referred to as stock); or
(c)partly in one way and partly in the other.
(4)Debentures and stock issued by the Authority under this Act—
(a)shall with interest thereon be charged and secured upon the revenues of the Authority;
S. 21(4)(b) amended by No. 68/1987
s. 40(b).
(b)shall bear interest at such rate and be redeemable at such date or dates and at such place or places as the Authority, with the consent of the Treasurer, determines; and
S. 21(4)(c) amended by No. 68/1987
s. 40(b).
(c)may with the consent of the holder or the registered owner thereof respectively be paid off at any time previous to the due date thereof at not more than the par face value thereof or (with the consent of the Treasurer) at a premium, with interest thereon to date of payment only.