Melbourne Market Authority Act 1977 - legislation.vic.gov.auFILE/77-8993a034.docx · Web...

Version No. 034

Melbourne Market Authority Act 1977No. 8993 of 1977

Version incorporating amendments as at1 September 2015

TABLE OF PROVISIONSSection Page

Part I—Preliminary 1

1 Short title and commencement 13 Definitions 23A Market a public place 3

Part II—The Melbourne Market Authority 4

4 Establishment of the Authority 45 Objects of the Authority 56 Functions of the Authority 57 Powers of the Authority 68 Ministerial directions 79 Members of the Authority 710 Terms and conditions of office of member 711 Chairperson 812 Acting appointments 813 Validity of acts or decisions of the Authority 913A Proceedings of the Authority 913B Chief executive officer 1013C Staff 1013D Advisory committees 10

Part III—Financial 12

14 Financial matters 1215 Authority may make certain grants 1216 Borrowing on overdraft 1217 Limit on borrowing by Authority 1318 Insurance 1319A Authority to pay dividend 1420 Limitation on extent to which Authority may enter into

contracts 1421 Borrowing by Authority 1422 Sinking fund 1623 Power to invest in Authority's securities 16

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24 Appointment of receiver in certain cases 1724A Regulations 1925 Provisions of Schedule 1 incorporated 20

Part IV—General 21

26 Use of market land 2132 Exemption from rates 2134 Enlargement of market land 2235 Leases etc. to be subject to certain terms 2236 Proceedings 2337 Proof 2338 By-laws 2338A Further provisions as to the by-laws 25

Part V—Transitional provisions and consequential amendments 28

39 Appointed day 2840 Finance Committee 2841 Orders of Governor in Council in relation to transfer of market 3042 Transfer of Melbourne wholesale fruit and vegetable market 3343 Trust to issue new debentures etc. 3544 Trust entitled to be paid certain amounts 3545 Transitional provisions of transfer to Trust of market land and

market 3546 Transfer of employees of Council to Trust 36

Schedules 40

Schedule 1 40

Schedule 2—Plan of market land in the Parish of Doutta Galla, County of Bourke 49

═══════════════

Endnotes 50

1 General information 50

2 Table of Amendments 52

3 Amendments Not in Operation 56

4 Explanatory details 57

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Version No. 034


Version incorporating amendments as at1 September 2015

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.

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—Preliminary1 Short title and commencement

(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.

* * * * *

1

S. 1(1) amended by No. 127/1993 s. 4.

S. 2 repealed by No. 41/1987 s. 103(Sch. 4 item 46.1).

3 Definitions

In this Act unless inconsistent with the context or subject-matter—

appointed day means the day proclaimed under section 39;

Authority means the Melbourne Market Authority established by Part II;

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;

member means member of the Authority and includes the chairperson and a person appointed to act as member;

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S. 3 def. of Authority inserted by No. 127/1993 s. 5(a).

S. 3 def. of chairman substituted as def. of chairperson by No. 127/1993 s. 5(b).

S. 3 def. of member substituted by No. 127/1993 s. 5(c).

prescribed means prescribed by this Act, the regulations or the by-laws;

Treasurer means the Treasurer of Victoria;

* * * * *

vegetables means vegetables within the meaning of the Fruit and Vegetables Act 1958.

3A Market 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.

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S. 3 def. of prescribed amended by No. 35/1988 s. 23(a).

S. 3 def. of Trust repealed by No. 127/1993 s. 5(d).

S. 3A inserted by No. 40/1996s. 21.

Part II—The Melbourne Market Authority1

4 Establishment 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

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.

S. 4 substituted by No. 127/1993 s. 6.

Part I—Preliminary


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(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.

5 Objects 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

(b) to optimise returns on land and assets controlled and managed by the Authority; and

(c) to ensure a fair and competitive environment for the wholesale trading of produce.

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;


S. 5(b) amended by No. 40/1996s. 22.

S. 5(c) inserted by No. 40/1996s. 22.




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(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.

7 Powers 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




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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.

8 Ministerial 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.

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.

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—






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(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.

(6) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member.

11 Chairperson

(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.

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—

S. 10(6) substituted by Nos 46/1998s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 130), 80/2006 s. 26(Sch. item 67).





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(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).

13 Validity 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.

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


S. 13A substituted by No. 127/1993 s. 6.



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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.

13B Chief 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.

13C Staff

(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.

13D Advisory committees

(1) The Authority must establish the following advisory committees—

(a) a Fruit and Vegetable Wholesalers Committee;

(b) a Fruit and Vegetable Growers Committee;

S. 13B inserted by No. 127/1993 s. 6.

S. 13C inserted by No. 127/1993 s. 6.

S. 13D inserted by No. 127/1993 s. 6.



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(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 (as the 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.



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Part III—Financial14 Financial matters

(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.

15 Authority 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.

16 Borrowing on overdraft

(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

S. 14 amended by No. 127/1993 s. 9(1).

S. 14(1) amended by No. 11/2001 s. 3(Sch. item 48.1).

S. 15 amended by No. 127/1993 s. 9(1).

S. 16(1) amended by Nos 127/1993 s. 9(1), 11/2001 s. 3(Sch. item 48.2).



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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.

(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.

17 Limit 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.

18 Insurance

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 an Advisory Committee established under section 13D who is not an employee in the public service of Victoria against accidents or sickness

S. 16(2) amended by No. 127/1993 s. 9(1).

S. 17 amended by Nos 127/1993 s. 9(1), 68/1987s. 40(a).

S. 18 amended by Nos 9194 s. 4, 127/1993 s. 9(1)(2), 46/1998s. 7(Sch. 1).



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arising out of or in the course of the performance of his duties as a member of the Authority or of an Advisory Committee established under section 13D.

* * * * *

19A Authority 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.

20 Limitation on extent to which Authority may enter into contracts

(1) Before entering into any contract the consideration of which exceeds $250 000, 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.

(2) A contract made by the Authority the consideration of which exceeds $250 000 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.

21 Borrowing 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.

S. 19 amended by No. 127/1993s. 9(1), repealed by No. 31/1994s. 4(Sch. 2 item 52).

S. 19A inserted by No. 127/1993 s. 7.

S. 20(1) amended by Nos 35/1988 s. 19, 127/1993 s. 9(1).

S. 20(2) amended by Nos 35/1988 s. 19, 127/1993 s. 9(1).

S. 21 amended by No. 127/1993 s. 9(1).



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(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;

(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

(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.

(5) Interest secured by any such debentures or stock shall be payable—

(a) half-yearly on days fixed by the Authority; and

(b) at such place or places as the Authority with the consent of the Treasurer determines.

S. 21(4)(b) amended by No. 68/1987s. 40(b).

S. 21(4)(c) amended by No. 68/1987s. 40(b).

S. 21(5)(b) amended by No. 68/1987s. 40(b).



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(6) The due repayment of the principal sums and the payment of all interest secured by any debentures or stock issued by the Authority under this Act is hereby guaranteed by the Government of Victoria.

(7) Any sums required by the Treasurer for fulfilling any guarantee given under this section shall be paid out of the Consolidated Fund (which is hereby to the necessary extent appropriated accordingly) and any sums received or recovered by the Treasurer from the Authority or otherwise in respect of any sum so paid by the Treasurer shall be paid into the Consolidated Fund.

22 Sinking fund

Where a sinking fund is required to be established as a condition of approval of the raising of a loan under section 21, the fund shall be invested in such securities as the Treasurer from time to time directs.

23 Power to invest in Authority's securities

(1) Any trustee unless expressly forbidden by the instrument (if any) creating the trust may invest any trust funds in his hands in any debentures or stock issued by the Authority under the authority conferred by this Act.

(2) Such debentures and stock shall be a lawful investment for any moneys which any company or body corporate incorporated by or under any Act of the Parliament of Victoria is authorized or directed to invest in addition to any other investments expressly authorized for the investment of such moneys.

(3) Any trustee or company or body corporate as aforesaid may pursuant to this Act convert any such debentures in his or its hands into such stock.

S. 23(1) amended by No. 127/1993 s. 9(3)(a).



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(4) No notice of any trust express implied or constructive shall be received by the Authority or by any officer of the Authority in relation to any debenture or any stock issued under this Act, and the Authority or any such officer shall not be bound to see to the execution of any such trust to which any such debenture or any part of the said stock may be subject.

(5) A person advancing moneys to the Authority and receiving in consideration of such advance any debenture or stock issued under this Act shall not be bound to inquire into the application of the moneys advanced or be in any way responsible for the non-application or misapplication thereof.

24 Appointment of receiver in certain cases

(1) If at the expiration of three months from the time when any principal moneys or interest has become due on any debenture or on any stock issued under this Act by the Authority and after demand in writing the same is not paid, the holder of such debenture or the registered owner of such stock (as the case may be) may without prejudice to any other mode of recovery apply to the Supreme Court for the appointment of a receiver.

(2) The said court may after hearing the parties appoint as receiver some person or persons to collect and receive the whole or any part of the revenues of the Authority upon which the principal moneys or interest upon such debentures or stock is charged until such principal or interest or both (as the case may be) together with the costs of the application and of collection are fully paid.

(3) Every such receiver shall be deemed an officer of and shall act under the direction of the Supreme Court; and the Supreme Court may from time to time remove any such receiver, and on the death

S. 23(4) amended by No. 127/1993 s. 9(3)(b).

S. 23(5) amended by No. 127/1993 s. 9(3)(c).

S. 24(1) amended by Nos 110/1986 s. 140(2), 127/1993 s. 9(4)(a).

S. 24(2) amended by Nos 110/1986 s. 140(2), 127/1993 s. 9(4)(a).

S. 24(3) amended by No. 110/1986 s. 140(2).



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or removal of any such receiver, may appoint some other person in his place.

(4) Such receiver—

(a) shall be entitled to collect and receive—

(i) any moneys standing to the credit of any sinking fund for the liquidation of the loan in respect of which such debenture or such stock was issued (and for that purpose to sell or mortgage any securities forming the whole or any part of any such sinking fund which are under subsection (5) transferred to such receiver); and

(ii) the whole or such part of the revenues of the Authority as aforesaid;

(b) shall be paid such remuneration or such commission as remuneration for his services as the Supreme Court appoints; and

(c) for the purposes of this subsection shall have and may exercise all or any of the powers of the Authority.

(5) The Supreme Court may order all securities forming the whole or any part of any such sinking fund to be transferred to such receiver.

(6) Every receiver appointed under this Act shall hold all moneys received by him as such, after payment of costs and expenses of collection and of his remuneration or commission as remuneration, in trust for the purpose of paying to all holders of debentures and all registered owners of stock issued under this Act by the Authority any moneys secured thereby and owing to them according to their respective priorities and subject thereto for the Authority.

S. 24(4)(a)(ii) amended by No. 127/1993 s. 9(4)(a).

S. 24(4)(b) amended by No. 110/1986 s. 140(2).

S. 24(4)(c) amended by No. 127/1993 s. 9(4)(a).

S. 24(5) amended by No. 110/1986 s. 140(2).

S. 24(6) amended by No. 127/1993 s. 9(4)(b).



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(7) Nothing in this section shall be construed—

(a) as rendering applicable to any purpose other than the repayment of debentures or stock issued under this Act by the Authority any part of any sinking fund or any part of any other moneys or property of the Authority; or

(b) as lessening or prejudicing any other right or remedy of any holder of any debenture or registered owner of any stock issued under this Act by the Authority.

* * * * *

24A Regulations

(1) The Governor in Council may, on the recommendation of the Authority, make regulations for or with respect to—

(a) prescribing forms for the purposes of this Part; and

(b) prescribing fees for the purposes of this Part; and

(c) generally prescribing any other matter or thing required or permitted by this Part to be prescribed or necessary to be prescribed to give effect to this Part.

(2) The regulations may require information on the prescribed forms to be verified by statutory declaration.

S. 24(7) amended by No. 127/1993 s. 9(4)(a).

S. 24(8) repealed by No. 110/1986 s. 140(2).


S. 24A(1) amended by No. 127/1993 s. 9(1).



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25 Provisions of Schedule 1 incorporated

(1) The provisions of Schedule 1 shall be deemed and taken to be and shall have the same force and effect as if contained in this Act.

(2) The provisions of Part I of Schedule 1 shall apply with respect to debentures issued under this Act.

(3) The provisions of Part II of Schedule 1 shall apply with respect to stock issued under this Act.

(4) The Authority may demand take and receive for or in respect of the several matters and things with respect to which fees are provided for under Part I or under Part II of Schedule 1 the fees so provided for or in respect of any other matters or things thereunder such reasonable fees as are specified in that behalf in the regulations.

S. 25(4) amended by No. 127/1993 s. 9(1).



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Part IV—General26 Use of market land

(1) Subject to subsection (2) and despite anything to the contrary in a folio of the Register, the Authority may permit the whole or any part of the market land to be used for any purpose it thinks fit.

(2) The Authority must not permit a use which interferes with or detracts from the use of the market land as a wholesale fruit and vegetable market.

* * * * *

32 Exemption from rates

(1) For the purposes of section 154 of the Local Government Act 1989—

(a) the Authority shall be deemed to be a public statutory body; and

(b) the market land, other than any part or parts of that land that is leased or occupied for any business purposes by a person other than the Authority, shall be deemed to be land used exclusively for public purposes.

(2) Any part or parts of the market land used or occupied by persons carrying on business in movable stalls during some but not all of the ordinary business hours in a week shall be deemed not to be used to carry on a business for profit.

* * * * *

34 Enlargement of market land


Ss 27–31 repealed.

S. 32(1) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 78.1), 127/1993 s. 9(1).

S. 32(2) amended by No. 12/1989 s. 4(1)(Sch. 2 item 78.2).

S. 33 repealed by No. 12/1989 s. 4(1)(Sch. 2 item 78.3).

S. 34 amended by Nos 68/1987 s. 39(1)(b), 127/1993 s. 9(1).



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Where the Authority acquires land for the purposes of the Melbourne wholesale fruit and vegetable market, that land shall, upon notice being published by the Authority in the Government Gazette declaring that land to be part of the market land of the Melbourne wholesale fruit and vegetable market, be part of the market land.

35 Leases etc. to be subject to certain terms

(1) Notwithstanding anything to the contrary in a lease, tenancy, permit or licence of land forming part of, or of buildings or other chattels on, the market land, the lease, tenancy permit or licence is subject to a condition that the Authority may, by notice in writing given to the lessee, tenant, permittee or licensee, terminate the lease, tenancy, permit or licence where the lessee, tenant, permittee or licensee has contravened the provisions of this Act, the by-laws or the terms or conditions of the lease, tenancy, permit or licence or of the Farm Produce Wholesale Act 1990 or of regulations under that Act insofar as they are applicable to him.

(2) Where the Authority gives a notice under subsection (1) in respect of a lease, tenancy, permit or licence, the lease, tenancy, permit or licence is terminated 14 days after the notice is given, unless within 7 days after the notice is given, the lessee, tenant, permittee or licensee makes application in writing to the Minister giving reasons why the lease, tenancy, permit or licence should not be terminated and the Minister is of the opinion that, in all the circumstances, it is reasonable to grant the request.

(3) The provisions of this section apply to and in respect of a lease, tenancy, permit or licence whether granted before or after the appointed day.

S. 35(1) amended by Nos 35/1988 s. 23(d), 63/1990 s. 50, 127/1993 s. 9(1).

S. 35(2) amended by No. 127/1993 s. 9(1).



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36 Proceedings

Proceedings for an offence against this Act or the by-laws may be taken by the Authority or by any member, officer or employee of the Authority authorised by the Authority in that behalf either generally or in any particular case.

37 Proof

In any prosecution or other legal proceedings relating to the Melbourne wholesale fruit and vegetable market no proof shall until evidence is given to the contrary be required—

(a) of the fact that the market is established;

(b) of the title of the Authority to the market or to the market land; or

(c) of the situation of the market.

38 By-laws

(1) The Authority may, with the approval of the Minister, make by-laws for or with respect to—

(a) regulating entry to the market area or other land held by the Authority; and

(b) regulating, controlling and prescribing conditions on use of the market area or other land held by the Authority; and

(c) requiring persons entering the market area or onto other land held by the Authority with fruit, vegetables or other commodities to

S. 36 amended by Nos 35/1988 s. 23(e), 127/1993 s. 9(1), 74/2000 s. 3(Sch. 1 item 82.1).

S. 37 amended by No. 127/1993 s. 9(1).

S. 38 amended by No. 9194 s. 5(1)(2), substituted by No. 35/1988 s. 22.

S. 38(1) amended by No. 127/1993 s. 9(1).



23

give particulars of those commodities to the Authority; and

(d) prescribing times during which trading or incidental activities may take place in the market area or in particular parts of the market area; and

(e) prescribing times during which persons may be present in the market area or on other land held by the Authority; and

(f) generally prescribing any other matter or thing required or permitted by this Act to be prescribed in the by-laws and relating to the market area or other land held by the Authority or necessary to be prescribed in the by-laws to give effect to this Act in relation to the market area or other land held by the Authority.

(2) The by-laws may impose penalties not exceeding 20 penalty units for a contravention of the by-laws.

(3) The by-laws may provide for a person to be served with an infringement notice specifying a fixed penalty for an offence against the by-laws as an alternative to a prosecution for the offence, and in this case the by-laws must specify—

(a) the amount of the fixed penalty; and

(b) the form of the notice of infringement; and

(c) the person or class of persons who may issue a notice of infringement; and

(d) the person to whom payment of the fixed penalty may be made; and



24

(e) the period within which the fixed penalty must be paid in order to avoid prosecution.

(4) A notice of infringement must specify—

(a) the name of the alleged offender; and

(b) the nature of the offence alleged to have been committed in general terms; and

(c) the date, time and place of the alleged offence; and

(d) the amount of the fixed penalty; and

(e) the period within which and the place where the fixed penalty may be paid; and

(f) that the alleged offender is entitled to disregard the infringement notice and defend the prosecution for the offence in court.

38A Further provisions as to the by-laws

(1) After making a by-law, the Authority must—

(a) publish a notice in the Government Gazette stating—

(i) the title of the by-law; and

(ii) the purpose and general purport of the by-law; and

(iii) that a copy of the by-law may be inspected at the Authority's office during office hours; and

(b) post the whole by-law at a convenient place in the market area.

(2) The Authority must ensure that a copy of every by-law—


S. 38A(1) amended by No. 127/1993 s. 9(1).

S. 38A(1)(a)(iii) amended by No. 74/2000 s. 3(Sch. 1 item 82.2).

S. 38A(2) amended by No. 127/1993 s. 9(1).



25

(a) is available for inspection at its office during office hours; and

(b) can be purchased on demand at its office during office hours.

(3) A by-law comes into operation—

(a) at the beginning of the day on which it is made; or

(b) at the beginning of such later day as is specified in the by-law as the day on which it comes into operation.

(4) A person cannot be convicted of an offence against a by-law if it is proved that at the time of the alleged offence—

(a) the Authority had not complied with subsection (1) (unless it is proved that at that time reasonable steps had been taken to bring the general purport of the by-law to the notice of persons likely to be affected by it or of the person charged); or

(b) a copy of the by-law was not available for inspection or purchase as required by subsection (2).

(5) A person cannot be prejudicially affected or made subject to any liability by a by-law if it is proved that at the relevant time—

(a) the Authority had not complied with subsection (1) (unless it is proved that at that time reasonable steps had been taken to bring the general purport of the by-law to the notice of persons likely to be affected by it or of the person concerned); or

(b) a copy of the by-law was not available for inspection or purchase as required by subsection (2).

S. 38A(4)(a) amended by No. 127/1993 s. 9(1).

S. 38A(5)(a) amended by No. 127/1993 s. 9(1).



26

(6) Unless sooner revoked, a by-law is revoked on the day that is 10 years after the day that is the earliest day on which any provision of the by-law came into operation.

(7) Subsection (6) applies to a by-law as amended, and the amending by-laws, or provisions of by-laws, will be revoked with the principal by-law regardless of when they came into operation.



27

Part V—Transitional provisions and consequential amendments

39 Appointed day

(1) For the purposes of this Act, the appointed day is such day as is proclaimed by the Governor in Council by proclamation published in the Government Gazette as the appointed day for the purposes of this Act, being a day not less than three months after the date of publication of the proclamation.

(2) A day shall not be proclaimed under subsection (1) unless the Finance Committee established under section 40 has made its recommendations to the Governor in Council.

40 Finance Committee

(1) There shall be a Finance Committee for the purposes of making recommendations to the Governor in Council in relation to the consideration to be given by the Trust to the Council in respect of the transfer of the market land and of the right title and interest referred to in section 42(1).

(2) The Finance Committee shall consist of—

(a) the Secretary to the Department of Treasury and Finance or a person nominated by him, who shall be chairman of the Finance Committee;

(b) the Secretary to the Department of Infrastructure or a person nominated by him;

(c) the Department Head of the Department of Primary Industries or a person nominated by him or her;

S. 40(2)(a) amended by Nos 8/1989 s. 10(8), 46/1998s. 7(Sch. 1).

S. 40(2)(b) amended by No. 46/1998s. 7(Sch. 1).

S. 40(2)(c) substituted by No. 76/1998s. 24, amended by No. 56/2003 s. 11(Sch. item 11).



28

(d) the Chairman;

(e) the Town Clerk of the Council or a person nominated by him; and

(f) a person nominated by the Town Clerk of the Council.

(3) A question arising at a meeting of the Finance Committee shall not be determined unless at least three members of the Committee are present.

(4) The Chairman of the Finance Committee has a casting as well as a deliberative vote.

(5) Subject to this section, the procedure of the Finance Committee is in its discretion.

(6) The Finance Committee shall make its recommendations to the Governor in Council under subsection (1) after consideration of—

(a) the accounting records of the Council relating to the Melbourne wholesale fruit and vegetable market;

(b) the amounts owing by the Council in respect of works undertaken in relation to the market land; and

(c) such other matters as the Committee determines.

(7) The Finance Committee shall, in making recommendations to the Governor in Council under subsection (1), have regard to—

(a) the amount of accumulated losses of the Council in relation to the Melbourne wholesale fruit and vegetable market;



29

(b) the net loan liability of the Council in respect of loans raised by the Council for the purposes of the market;

(c) any adjustment necessary in relation to other assets and liabilities of the Council in relation to the market that are transferred to the Trust;

(d) the cost to the Council occasioned by the retrenchment of officers and employees who, although entitled to do so, do not make an election under section 46;

(e) other costs (if any) of the Council associated with the transfer of the market; and

(f) such other matters relevant to the consideration to be given by the Trust to the Council as the Committee determines.

(8) The Governor in Council may, upon receiving the recommendations of the Finance Committee under this section, approve the recommendations, or approve them subject to such variations as he determines.

41 Orders of Governor in Council in relation to transfer of market

(1) Where in consequence of the provisions of section 42 or the recommendations of the Finance Committee approved under section 40, any property income assets rights liabilities expenses or matters require to be apportioned settled adjusted or determined—

(a) the Council and the Trust may make such agreement as is necessary for those purposes or any of them and such an agreement may provide—

S. 40(7)(d) amended by No. 74/2000 s. 3(Sch. 1 item 82.3).



30

(i) for the apportionment transfer or retention of any property income assets rights or liabilities;

(ii) for the joint use of any property;

(iii) for the payment of any expenses; or

(iv) for the doing of any other matter or thing that may be necessary in consequence of those provisions or recommendations;

(b) the Governor in Council may from time to time by Order apportion settle adjust or determine any property income assets rights liabilities expenses or matters which have not been apportioned settled adjusted or determined by agreement duly made under this section and such an Order may provide for all or any of the matters or things for which an agreement between the Trust and the Council may provide but which have not been provided by such an agreement and may also provide for the apportionment between the Trust and the Council of all costs incurred in the making of any apportionment settlement adjustment or determination; and

(c) any apportionment settlement adjustment or determination made under this section shall be on a basis considered by the Trust and the Council or (as the case requires) by the Governor in Council to be just and proper having regard to all the circumstances of the case.

(2) An Order under this section—

(a) shall come into operation on the appointed day or on such later day as is specified in the Order;



31

(b) shall (where the circumstances so require) provide—

(i) for justice being done to any creditor of the Council; and

(ii) for the settlement of any differences and the apportionment settlement adjustment or determination of any property income assets rights liabilities expenses or matters requiring to be apportioned settled adjusted or determined between the Trust and the Council in consequence of the exercise by the Governor in Council of any powers under this section; and

(c) shall (where the circumstances so require) direct the persons by whom and to whom any moneys found to be due are to be paid.

(3) An Order under this section shall be published in the Government Gazette and upon being published shall have the like force and effect as if it were expressly enacted in this Act.

(4) An Order under this section shall take effect according to its tenor and may be amended revoked or replaced by another such Order.

42 Transfer of Melbourne wholesale fruit and vegetable market

(1) On the appointed day—



32

(a) the market land shall, without other authority than this Act, vest in the Trust;

(b) all right, title and interest of the Council in or in relation to the ownership, control, maintenance and management of the Melbourne wholesale fruit and vegetable market shall, without other authority than this Act, be transferred to and vest in the Trust; and

(c) the Council is entitled to such consideration as is approved by the Governor in Council under section 40.

(2) On and after the appointed day—

(a) for the condition in folio of the Register Volume 8761 Folium 267 that the land to which it relates shall at all times be used as and for a site for a market and for other municipal purposes there shall be substituted a condition that that land shall at all times be used as and for a site for a market or for a purpose authorized under this Act;

(b) that part of the market land that is comprised in folio of the Register Volume 9150 Folium 224 shall cease to be subject to the condition that the said land shall at all times be used as and for a site for a market and for other municipal purposes but shall be subject to a condition that that land shall at all times be used as and for a site for a market or for a purpose authorized under this Act; and

(c) subject to this subsection, the market land is subject to the conditions recorded in any relevant folio of the Register.

S. 42(2)(a) amended by No. 18/1989 s. 13(Sch. 2 item 53(b)).

S. 42(2)(b) amended by No. 18/1989 s. 13(Sch. 2 item 53(b)).

S. 42(2)(c) amended by No. 18/1989 s. 13(Sch. 2 item 53(c)).



33

(3) The Registrar of Titles must make any recordings in the Register that are necessary or expedient because of subsections (1) and (2).

(4) On or before the appointed day, the Trust and the Council may enter into an agreement, not inconsistent with this Act, for the purposes of this section, as part of, or in addition to, an agreement that may be entered into under section 41.

(5) An agreement referred to in subsection (4) shall take effect on the appointed day and may contain—

(a) terms and conditions relating to the giving of such consideration by the Trust to the Council as is approved by the Governor in Council under section 40 and to the manner in which the consideration shall be given; and

(b) such other matters as in the opinion of the Trust and the Council it is necessary or convenient to include in the agreement.

(6) If, before the appointed day, the Trust and the Council do not agree with respect to a question arising in relation to a proposed agreement under this section or a question otherwise arising in relation to the transfer to the Trust of the right, title and interest of the Council referred to in subsection (1) (other than a question to which section 41 applies), the Trust or the Council may refer the question to the Minister and the Minister shall determine the question.

43 Trust to issue new debentures etc.

(1) Where an agreement under section 41 or 42 makes provision for the transfer to the Trust of debts or liabilities of the Council, being debts or liabilities

S. 42(3) substituted by No. 18/1989 s. 13(Sch. 2 item 53(d)).



34

under debentures or inscribed stock issued under the Melbourne and Geelong Debentures and Inscribed Stock Act 1932, the Trust shall, as soon as practicable after the appointed day, issue to the holders or registered owners or successors in title of the holders or registered owners of those debentures or inscribed stock, debentures or inscribed stock of the Trust in lieu of the first-mentioned debentures or inscribed stock of the same amount, bearing the same interest and of the same currency.

(2) Upon the issue of debentures or inscribed stock of the Trust under subsection (1), the debentures or inscribed stock in lieu of which the issue was made are cancelled and ceased to have any force or effect.

44 Trust entitled to be paid certain amounts

The Trust shall be entitled to be paid in each year such amounts as the Treasurer recommends and as are appropriated by Parliament in respect of one-half of the amount of the consideration payable by the Trust to the Council under an agreement referred to in section 41 or 42.

45 Transitional provisions of transfer to Trust of market land and market

(1) Nothing in this Part affects the continuity of status operation or effect of any lease tenancy permit or licence granted by the Council in respect of the land shown hatched on the plan in Schedule 2 or of buildings or chattels on that land granted before the appointed day.

(2) The interest of the Council in a lease, tenancy, permit or licence referred to in subsection (1) shall, on and after the appointed day, be deemed to have been assigned on that day by the Council to the Trust.



35

(3) Notwithstanding anything to the contrary in this Act, a use of the market land authorized by or under a lease tenancy permit or licence referred to in subsection (1) shall be deemed to be a use that is authorized under this Act.

(4) A lease tenancy permit or licence referred to in subsection (1) shall, notwithstanding any provision to the contrary, terminate upon the expiration of 3 years after the date of commencement of this section, unless an earlier date is specified in the lease tenancy permit or licence.

46 Transfer of employees of Council to Trust

(1) A person—

(a) who immediately before the appointed day was employed by the Council wholly or principally at the Melbourne wholesale fruit and vegetable market;

(b) who—

(i) commenced to be so employed at least one year before the appointed day; or

(ii) commenced to be so employed on or after 1st October, 1976 to fill a vacancy occurring on the staff establishment of the Council in respect of that market as at 1st October, 1976; and

(c) who makes an election under this section—

shall, on the appointed day, become an officer or employee of the Trust.

(2) An election under this section shall be made in writing given to the Trust not later than two months before the appointed day or before such later date before the appointed day, as the Trust in a particular case determines.

S. 46(1) amended by No. 74/2000 s. 3(Sch. 1 item 82.4)



36

(3) A person who, under this section, becomes an officer or employee of the Trust shall be paid remuneration that is not less than that which he was receiving immediately before the appointed day as an officer or employee of the Council and is entitled to such accrued benefits in respect of long service leave, recreation leave and sick leave as the Trust determines, not being less than those to which he was entitled immediately before that day.

(4) A person who—

(a) makes an election under this section; and

(b) immediately before making that election was an officer within the meaning of the Rules of the City of Melbourne Officers' Superannuation Fund—

shall—

(c) notwithstanding anything to the contrary in those Rules, be deemed to continue to be an officer within the meaning of those Rules during the period during which he is an officer or employee of the Trust; and

(d) be deemed not to be an employee of the Trust within the meaning of the Local Authorities Superannuation Act 1988.

(5) The Trust shall pay to the trustees for the time being of the City of Melbourne Officers' Superannuation Fund such amounts as are from time to time payable under the Rules of the Fund in respect of the persons who, under subsection (4), are to be deemed to continue to be officers within the meaning of those Rules, being such amounts as would from time to time be payable by the Council if those persons had continued to be officers of the Council.

S. 46(3) amended by No. 74/2000 s. 3(Sch. 1 item 82.4)

S. 46(4)(c) amended by No. 74/2000 s. 3(Sch. 1 item 82.4)

S. 46(4)(d) amended by No. 23/1988 s. 61(11)(a).



37

(6) A person who—

(a) immediately before the appointed day was employed by the Council wholly or principally at the Melbourne wholesale fruit and vegetable market but was not an officer within the meaning of the Rules of the City of Melbourne Officers' Superannuation Fund; and

(b) makes an election under this section—

may, when making the election, declare that he elects to become a member of the retirement scheme of the Trust established under subsection (8).

(7) A person who makes an election under subsection (6) shall be deemed not to be an employee of the Trust within the meaning of the Local Authorities Superannuation Act 1988.

(8) If one or more persons make an election under subsection (6), the Trust shall establish and support a retirement scheme approved by the Minister for the benefit of those persons and their dependants and shall make payments from the funds of the Trust in connexion with the scheme.

(9) A scheme established under subsection (8) shall, as far as practicable, correspond to the non-contributory Retiring Allowance Scheme for Corporation Employés of the Council as in force immediately before the appointed day.

(10) A person who makes an election under subsection (6) is not liable to make contributions to the scheme established under subsection (8).

(11) A person entitled to make an election under subsection (6) but who does not make such an election shall be deemed to be an employee of the Trust within the meaning of the Local

S. 46(7) amended by No. 23/1988 s. 61(11)(b).

S. 46(11) amended by Nos 23/1988 s. 61(11)(c)(i) (ii), 72/1989 s. 15.



38

Authorities Superannuation Act 1988 during the period during which he is an officer or employee of the Trust and notwithstanding anything to the contrary in that Act to have become such an employee on the appointed day.

* * * * *

* * * * *

Ss 47, 48 repealed by No. 9863 s. 2.

S. 49 repealed by No. 74/2000 s. 3(Sch. 1 item 82.5).



39

Schedules

Schedule 1

Part I—DebenturesThe following provisions shall apply to debentures issued by the Authority under this Act:

1. Every debenture shall be in the form prescribed by the regulations or to the like effect: Provided that if no regulation prescribing the form of debentures is made before the issue of debentures for the purposes of any loan under this Act every debenture for the purposes of that loan shall be in the form or to the effect following:

MELBOURNE WHOLESALE FRUIT AND VEGETABLE MARKET

No. Transferable by Delivery

Under the authority of and subject to the Melbourne Market Authority Act 1977.

This debenture entitles the bearer to the sum of dollars on the day of with interest thereon in the meantime at the rate of per centum per annum payable half-yearly on the day of and the day of in every year as per coupons annexed, which principal sum and interest are hereby charged and secured upon the revenues of the Melbourne Market Authority. And such principal sum and interest are payable at the bankers for the time being of the Authority.

Given under the common seal of the Melbourne Market Authority at Melbourne in the State of Victoria this day of in the year 19

(L.S.)

Member.

Secretary.

S. 25.

Sch. 1 Pt 1 amended by Nos 110/1986 s. 140(2), 127/1993 s. 9(5)(a)–(c), 93/1997s. 28(Sch.item 19(a)(b)).



40

2. Debentures shall—

(a) be prepared on watermarked paper approved by the Treasurer and bear the signatures of a member and the secretary or acting secretary and the common seal of the Authority or a facsimile of such seal;

(b) be signed personally by such persons or have the signatures of such persons endorsed thereon by engraving or any other process approved by the Treasurer; and

(c) be numbered consecutively in each denomination.

3. Every debenture with the interest coupons annexed thereto and every interest coupon after being detached therefrom shall pass by delivery and without any assignment or indorsement.

4. The bearer of every debenture or detached interest coupon shall have the same rights as if he were expressly named as payee therein.

5. No interest shall be payable in respect of any debenture except to the holder of the coupon representing the interest claimed and upon delivery of the same.

6. (1) The Authority shall cause to be kept in one or more books a register of debentures, and within a reasonable time after the date of any debenture shall cause to be made an entry in the register specifying the number date and amount of the debenture.

(2) The register of debentures—

(a) may be inspected at all reasonable times by any person on payment of Fifty cents for each inspection; and

(b) shall be evidence of any matters required or authorized by or under this Act to be inserted



41

therein.

(3) Any person shall be entitled to obtain from the Authority copies or extracts certified by the officer in whose custody the register is kept to be true copies of or extracts from such register upon payment for each copy or extract of a fee of $1.20 for every folio of seventy-two words; and any copy or extract so certified shall be admissible in evidence.

7. Upon proof being made before the Supreme Court by affidavit of any credible person that any debenture issued by the Authority under this Act and held by such person the number and sum whereof is specified by him has been lost or accidentally burnt or otherwise destroyed before the same has been paid off, and after the insertion of such advertisements as the Supreme Court directs and upon the Supreme Court certifying that it is satisfied with such proof, the Authority may after the expiration of six months cause a new debenture with interest coupons attached to be made having the like currency and bearing the same principal sum and rate of interest as the debenture so lost or destroyed to be delivered to such person upon his giving sufficient security to the Authority to indemnify the Authority against any double payment.

8. If any debenture is defaced by accident—

(a) the Authority may cancel the same and cause a new debenture to be made in lieu thereof; and

(b) the new debenture shall have the like currency and be in all respects subject to the same provisions and bear the same principal sum and rate of interest as the cancelled debenture.

9. (1) All debentures paid off discharged exchanged or converted into stock shall—

(a) be cancelled by the secretary or such other officer of the Authority appointed by it for



42

the purpose; and

(b) be destroyed in the presence of the secretary, acting secretary or such other officer so appointed and the Auditor-General or a person authorised by the Auditor-General.

(2) The Auditor-General or person authorised by the Auditor-General (as the case may be) before the debentures are destroyed shall audit the same and allow the accounts thereof and furnish the Authority with a certificate particularizing the debentures so destroyed; and the secretary shall file that certificate in the office of the Authority.

Part II—StockThe following provisions shall apply to Melbourne Wholesale Fruit and Vegetable Market Inscribed Stock issued in Melbourne (hereinafter referred to as stock):

1. The Authority may establish at the office of the Authority a registry for the inscription of stock created and issued under the authority of this Act and appoint officers of the Authority to be respectively registrar of stock and deputy-registrar of stock and such deputy-registrar shall in the absence of the registrar have all the powers authorities and duties of the registrar.

2. Stock may be sold by the Authority for ready money in parcels or amounts of $100 or some multiple of $100.

3. (1) The Authority shall cause to be provided and kept at the office of the Authority books to be called "stock ledgers".

(2) All stock issued shall be inscribed in the stock ledgers by entering the names of the purchasers of stock and the amount of stock purchased by them respectively.

(3) In the case of joint purchasers of stock the names of not more than four of them shall be inscribed as

Sch. 1 Pt 2 amended by Nos 110/1986 s. 140(2), 127/1993 s. 9(5)(a)–(d).



43

the joint purchasers.

(4) The stock ledgers shall be evidence of any matters appearing therein and required or authorized by or under this Act to be inserted therein.

4. (1) Stock or any share therein shall be transferable in the manner prescribed by the regulations from one person to another by instrument in the form so prescribed and not otherwise.

(2) No person shall be entitled or allowed to transfer any fraction of $10 or any smaller sum than $100 unless that smaller sum is the full amount of the balance standing to his credit in the stock ledger.

(3) Every instrument of transfer of the said stock or any share therein shall be executed by all parties and the signatures to the instrument shall be attested in the manner prescribed by the regulations.

(4) Every instrument of transfer when executed shall be delivered to the registrar who shall register the same by entering a memorial of it in the stock ledger and shall inscribe the name of the transferee in the stock ledger as the owner of the said stock.

5. (1) Any person to whom any stock is transmitted in consequence of the death or bankruptcy or insolvency of the registered owner of any stock or by any other lawful means than by a transfer in accordance with this Act may apply in the form prescribed by the regulations to the registrar at the registry to be inscribed as the owner of such stock.

(2) Every such application for transmission shall be verified by statutory declaration or in such other manner as is so prescribed and—

(a) in the case of such a transmission consequent on death—the probate of the will or the



44

letters of administration shall be produced to the registrar or in the case of transmission to a survivor or the survivors of a joint owner a certificate of the death of the owner who has died may if the registrar approves be produced to him in lieu of probate or letters of administration; and

(b) in the case of such a transmission consequent on bankruptcy or insolvency—an office copy of the adjudication or order of sequestration shall be delivered to the registrar.

(3) The registrar shall if he is satisfied that the provisions of this Act have been complied with register any such transmission by entering a memorial of it in the stock ledger and inscribe the name of the person to whom the stock has been transmitted in the stock ledger as the registered owner of the stock.

6. (1) Any person may by power of attorney under his hand and seal and attested by a credible witness appoint some person to be his attorney for any purpose in relation to stock (including an application for conversion or to receive interest or redemption money).

* * * * *

7. (1) No instrument of transfer of stock or of any part thereof shall be registered on any Saturday or holiday or within the period of fourteen days or within such period (not exceeding twenty-one days) as is prescribed next before any of the days on which the interest thereon is payable.

Sch. 1 Pt 2 cl. 6(2) repealed by No. 57/2014 s. 157.



45

(2) During the periods last aforesaid respectively the Authority shall cause the amount of the said stock respectively standing to the credit of the several registered owners thereof to be ascertained and the balances to be struck and carried forward in the proper stock ledger.

(3) No instrument of transfer of stock or of any part thereof shall be registered during the period of twenty-one days immediately preceding the date of maturity of stock.

8. (1) If any person by the affidavit of himself or of another or others makes appear to the satisfaction of the Supreme Court that any part of the stock standing in the name or names of any other person or persons is held by him or them upon any trust in the execution or performance of which such first-mentioned person is beneficially interested the Supreme Court may make an order in the form or to the effect following:

In the Supreme Court.

Upon reading the affidavits of A.B. and C.D. and upon hearing [the attorney or agent or Mr. H. of counsel] for the said A.B., it is ordered that dollars of Melbourne Wholesale Fruit and Vegetable Market Inscribed Stock created under the Melbourne Market Authority Act 1977 now standing in the name of G.M. [or the names of G.M. and E.F.] shall not be transferred without the further order of this court, unless the said A.B. shall by writing under his hand upon the said transfer express his assent thereto.

Dated this day 19 .

(2) The said order shall be signed in duplicate and with office copies of the affidavit or affidavits mentioned therein shall be delivered to or served upon the Authority which shall obey the said order and cause the same and the said attested copies to be filed in the office of the Authority



46

and a memorandum of the said order to be made in the proper place in the stock ledger.

(3) Upon receipt of any such order and office copies as aforesaid the Authority shall cause to be sent by the post to every person registered as owner of the stock mentioned in such order a notice in the form or to the like effect:

19 .

A court order prohibiting the transfer of dollars of Inscribed Stock created under the Melbourne Market Authority Act 1977 standing in your name or in the names of yourself and has been obtained by A.B. and served upon the Melbourne Market Authority.

If you object to the said order you must apply to the Supreme Court to rescind it, as while it remains in force no transfer can be made without the consent of the person who obtained it.

C.D.,

Secretary.

(4) (a) Any person registered as the owner of the stock mentioned in any such order may at any time apply by summons to the Supreme Court to rescind such order or to permit a transfer of some specified part of the said stock.

(b) The Supreme Court may make an order with or without costs dismissing such summons or rescinding such first-mentioned order or permitting a transfer of some specified part as aforesaid.

(c) Such order shall be signed in duplicate and shall be delivered to or served upon the Authority, which shall obey the same and cause it to be filed in the office of the Authority and a memorandum of it to be made in the proper place in the stock ledger.



47

9. (1) The receipt of the person in whose name any stock stands in the stock ledger, or if it stands in the names of more persons than one the receipt of one of the persons named in the stock ledger shall be a sufficient discharge to the Authority for any interest payable in respect of such stock, notwithstanding any trusts to which such stock may then be subject and whether or not the Authority has had notice of such trusts, and the Authority shall not be bound to see to the application of the money paid upon such receipt.

(2) If any stock is held in joint names and one or more of the registered owners of the stock dies becomes bankrupt insolvent or otherwise legally incapable, the receipt of any one of the other joint owners or survivors shall be a sufficient discharge to the Authority for any interest payable in respect of such stock, notwithstanding that a transmission has not been registered as required by this Act.

10. (1) The registrar shall keep the several forms prescribed under this Act and required in connexion with stock.

(2) No forms other than the prescribed forms shall be used except with the consent of the chairperson of the Authority.



48

Schedule 2—Plan of market land in the Parish of Doutta Galla, County of Bourke

* * * * *

═══════════════

Sch. 3 repealed by No. 74/2000 s. 3(Sch. 1 item 82.6).



49

Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Melbourne Market Authority Act 1977 was assented to on 10 May 1977 and came into operation as follows:

Sections 1–4, 7–25, 39–46, 48 on 22 June 1977: Government Gazette 22 June 1977 page 1712; sections 5, 6, 26, 38, 47, 49 on 1 April 1978: Government Gazette 8 March 1978 page 583; sections 30, 31, 35–37 on 1 November 1978: Government Gazette 1 November 1978 page 3416; sections 27–29, 32–34 on 1 April 1978: see section 6 of Act No. 9194 and Government Gazette 21 December 1977 page 3966.

The name of this Act was changed from the Melbourne Wholesale Fruit and Vegetable Market Trust Act 1977 to the Melbourne Market Authority Act 1977 by section 4 of the Melbourne Wholesale Fruit and Vegetable Market Trust (Amendment) Act 1993, No. 127/1993.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).



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http://www.legislation.vic.gov.au/

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).



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2 Table of AmendmentsThis publication incorporates amendments made to the Melbourne Market Authority Act 1977 by Acts and subordinate instruments.

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Melbourne Wholesale Fruit and Vegetable Market Trust (Licences) Act 1978, No. 9095/1978

Assent Date: 26.4.78Commencement Date: 26.4.78Current State: All of Act in operation

Melbourne Wholesale Fruit and Vegetable Market Trust (Amendment) Act 1978, No. 9194/1978

Assent Date: 5.12.78Commencement Date: 5.12.78Current State: All of Act in operation

Statute Law Revision (Repeals) Act 1982, No. 9863/1982Assent Date: 5.1.83Commencement Date: 5.1.83Current State: All of Act in operation

Supreme Court Act 1986, No. 110/1986Assent Date: 16.12.86Commencement Date: 1.1.87: s. 2Current State: All of Act in operation

Conservation, Forests and Lands Act 1987, No. 41/1987Assent Date: 19.5.87Commencement Date: S. 103(Sch. 4 items 46.1, 46.2) on 1.7.87: Government

Gazette 24.6.87 p. 1694Current State: This information relates only to the provision/s

amending the Melbourne Market Authority Act 1977

Agricultural Acts (Further Amendment) Act 1987, No. 68/1987Assent Date: 24.11.87Commencement Date: Ss 37, 39 on 24.11.87: s. 2(1); s. 38 on 25.11.87:

Government Gazette 25.11.87 p. 3215; s. 40 on 1.9.94: Government Gazette 1.9.94 p. 2338

Current State: This information relates only to the provision/s amending the Melbourne Market Authority Act 1977

Local Authorities Superannuation Act 1988, No. 23/1988Assent Date: 17.5.88Commencement Date: S. 61(11) on 25.5.88: Government Gazette 25.5.88

p. 1458Current State: This information relates only to the provision/s




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Agricultural Acts (Amendment) Act 1988, No. 35/1988Assent Date: 24.5.88Commencement Date: Ss 19, 21 on 1.6.88: Government Gazette 1.6.88

p. 1486; ss 20, 22, 23 on 1.7.92: Government Gazette 24.6.92 p. 1532


Agricultural Acts (Miscellaneous Amendments) Act 1989, No. 8/1989Assent Date: 9.5.89Commencement Date: S. 10(8) on 9.5.89: s. 2(3)Current State: This information relates only to the provision/s


Local Government (Consequential Provisions) Act 1989, No. 12/1989Assent Date: 9.5.89Commencement Date: S. 4(1) on 1.11.89: Government Gazette 1.11.89

p. 2798; Sch. 2 items 78.1–78.3 on 1.10.92: Government Gazette 23.9.92 p. 2789


Transfer of Land (Computer Register) Act 1989, No. 18/1989Assent Date: 16.5.89Commencement Date: 3.2.92: Government Gazette 18.12.91 p. 3488Current State: All of Act in operation

Agriculture Acts (General Amendment) Act 1989, No. 72/1989Assent Date: 28.11.89Commencement Date: Ss 14, 15 on 20.12.89: Government Gazette 20.12.89



Farm Produce Wholesale Act 1990, No. 63/1990Assent Date: 20.11.90Commencement Date: 1.2.91: Government Gazette 19.12.90 p. 3746Current State: All of Act in operation

Melbourne Wholesale Fruit and Vegetable Market Trust (Amendment) Act 1993, No. 127/1993

Assent Date: 14.12.93Commencement Date: Pt 1 (ss 1–3) on 14.12.93: s. 2(1); Pts 2, 3 (ss 4–17) on

21.12.93: Special Gazette (No. 95) on 21.12.93 p. 1Current State: All of Act in operation



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Financial Management (Consequential Amendments) Act 1994, No. 31/1994Assent Date: 31.5.94Commencement Date: S. 4(Sch. 2 item 52) on 1.1.95: Government Gazette

28.7.94 p. 2055Current State: This information relates only to the provision/s


Farm Produce Wholesale (Amendment) Act 1996, No. 40/1996Assent Date: 12.11.96Commencement Date: Ss 21, 22 on 31.12.96: Government Gazette 19.12.96



Audit (Amendment) Act 1997, No. 93/1997Assent Date: 16.12.97Commencement Date: S. 28(Sch. item 19) on 1.7.98: s. 2(2)Current State: This information relates only to the provision/s


Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998Assent Date: 26.5.98Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)Current State: This information relates only to the provision/s


Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998

Assent Date: 10.11.98Commencement Date: S. 24 on 15.12.98: s. 2(5)Current State: This information relates only to the provision/s


Statute Law Revision Act 2000, No. 74/2000Assent Date: 21.11.00Commencement Date: S. 3(Sch. 1 item 82) on 22.11.00: s. 2(1)Current State: This information relates only to the provision/s


Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date: 8.5.01Commencement Date: S. 3(Sch. item 48) on 1.6.01: s. 2(2)Current State: This information relates only to the provision/s




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Fisheries (Amendment) Act 2003, No. 56/2003Assent Date: 16.6.03Commencement Date: S. 11(Sch. item 11) on 17.6.03: s. 2Current State: This information relates only to the provision/s


Public Administration Act 2004, No. 108/2004Assent Date: 21.12.04Commencement Date: S. 117(1)(Sch. 3 item 130) on 5.4.05: Government

Gazette 31.3.05 p. 602Current State: This information relates only to the provision/s


Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date: 10.10.06Commencement Date: S. 26(Sch. item 67) on 11.10.06: s. 2(1)Current State: This information relates only to the provision/s


Powers of Attorney Act 2014, No. 57/2014Assent Date: 26.8.14Commencement Date: S. 157 on 1 .9.15: s. 2(2)Current State: This information relates only to the provision/s


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3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.



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4 Explanatory details



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1 Pt 2 (ss 4–13D): Part 3 (sections 11–17) of the Melbourne Wholesale Fruit and Vegetable Market Trust (Amendment) Act 1993, No. 127/1993 read as follows:

PART 3—TRANSITIONAL

11Definitions

In this Part—

appointed day means the day on which this Part comes into operation;

Authority means the Melbourne Market Authority established by Part II of the Principal Act as amended by this Act;

Trust means the Melbourne Wholesale Fruit and Vegetable Market Trust established by the Principal Act as in force before the appointed day;

Trust instrument means an instrument (including debentures and stock issued by the Trust under this Act and a legislative instrument other than this Act) subsisting immediately before the appointed day—

(a) to which the Trust was a party; or

(b) that was given to or in favour of the Trust; or

(c) that refers to the Trust; or

(d) under which—

(i) money is, or may become, payable to or by the Trust; or

(ii) other property is to be, or may become liable to be, transferred to or by the Trust.

12 Authority to be successor in law of Trust

On the appointed day—

(a) all property and rights of the Trust vest in the Authority;

(b) all liabilities of the Trust become liabilities of the Authority;

(c) the Authority becomes the successor in law of the Trust;

(d) the Trust is dissolved.

13 Trust instruments

Each Trust instrument continues to have effect according to its tenor on and after the appointed day as if a reference in the instrument to the Trust were a reference to the Authority.

14 Proceedings

If, immediately before the appointed day, proceedings (including arbitration proceedings) to which the Trust was a party were pending or existing in any court or tribunal, then, on and after the appointed day, the Authority is substituted for the Trust as a party to proceedings and has the same rights in the proceedings as the Trust had.

15 Interests in land

If, immediately before the appointed day, any land subject to the Transfer of Land Act 1958 was vested in the Trust, that land vests in the Authority, subject to the conditions, covenants, encumbrances, limitations, exceptions, reservations and

restrictions to which the land was subject immediately before its vesting under this section.

16 Evidence

(1) Documentary or other evidence that would have been admissible for or against the interests of the Trust if this Act had not been passed, is admissible for or against the interests of the Authority.

(2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of the Trust and to entries made in those books of account before the appointed day.

(3) In subsection (2), books of account has the same meaning as in Division 3A of Part III of the Evidence Act 1958.

17 Staff

(1) On the appointed day, a person who, immediately before that day, was a member of the staff appointed by the Trust, becomes a member of the staff of the Authority.

(2) A person who becomes a member of the staff of the Authority under subsection (1)—

(a) is a member of the staff of the Authority with remuneration no less than the person was receiving or was entitled to receive as a member of the staff of the Trust immediately before the appointed day, and on terms and conditions no less favourable than those of the person's appointment by the Trust; and

(b) continues to have the benefit of all entitlements (including all entitlements arising from recognition of prior service with other bodies) accrued in respect of the person's appointment by the Trust before the appointed day.

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