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S. 1(1) amended by No. 127/1993 s. 4.
This Act may be cited as the Melbourne Market Authority Act 1977.
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S. 2 repealed by No. 41/1987 s. 103(Sch. 4 item 46.1).
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In this Act unless inconsistent with the context or subject-matter—
S. 3 def. of appointed day substituted by No. 40/2019 s. 64(1).
appointed day means 1 April 1978;
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;
S. 3 def. of fruit repealed by No. 40/2019 s. 64(2)(a).
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S. 3 def. of market area repealed by No. 40/2019 s. 64(2)(a).
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S. 3 def. of market land amended by No. 40/2019 s. 64(3).
market land means—
the land delineated and shown hatched on the plan in Schedule 3, which consists of the land described in Certificate of Title Volume 11575 Folio 183 and the land described in Certificate of Title Volume 11575 Folio 184; and
land in respect of which notice is published in the Government Gazette under section 34;[1] [2]
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;
S. 3 def. of Treasurer amended by No. 40/2019 s. 64(2)(b).
Treasurer means the Treasurer of Victoria.
S. 3 def. of Trust repealed by No. 127/1993 s. 5(d).
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S. 3 def. of vegetables repealed by No. 40/2019 s. 64(2)(a).
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S. 3A inserted by No. 40/1996 s. 21.
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.
There is established an Authority to be known as the Melbourne Market Authority.
The Authority—
is a body corporate with perpetual succession; and
shall have a common seal; and
may sue and be sued in its corporate name; and
may acquire, hold and dispose of personal property; and
may—
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
with the approval of the Minister, purchase or acquire any other real property; and
with the approval of the Minister, hold and dispose of real property.
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).
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.
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.
The objects of the Authority are—
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.
to optimise returns on land and assets controlled and managed by the Authority; and
S. 5(c) inserted by No. 40/1996 s. 22.
to ensure a fair and competitive environment for the wholesale trading of produce.
S. 6 substituted by No. 127/1993 s. 6.
The Authority has the following functions—
S. 6(a) amended by No. 40/2019 s. 77(1).
to control, maintain and manage the Melbourne Wholesale Fruit, Vegetable and Flower Market and the market land;
S. 6(b) amended by No. 40/2019 s. 77(1).
to promote the use of the facilities at the Melbourne Wholesale Fruit, Vegetable and Flower Market;
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;
to do all things necessary or convenient to enable the Authority to achieve its objects;
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.
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.
Without limiting the generality of subsection (1), the Authority may, subject to this Act—
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;
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;
S. 7(2)(c) amended by No. 40/2019 s. 77(2).
provide on the market land any buildings, premises, machinery or other equipment for the purposes of the Melbourne Wholesale Fruit, Vegetable and Flower Market.
S. 7(3) substituted by No. 40/2019 s. 66.
Despite section 4(2)(e), the Authority is not required to obtain the approval of the Minister to—
the grant by the Authority of a lease, tenancy, permit or licence under this section if the grant is for a term that is 10 years or less; or
the entering into a lease, tenancy, permit or licence under this section by the Authority for a term that is 10 years or less.
S. 8 substituted by No. 127/1993 s. 6.
The Authority is subject to—
the general direction and control of the Minister; and
any specific written directions given by the Minister.
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.
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.
A member holds office—
for the term, not exceeding 3 years, that is specified in the instrument of appointment, and is eligible for re-appointment; and
subject to the terms and conditions determined by the Minister and specified in the instrument of appointment.
The office of a member becomes vacant if—
the member becomes bankrupt; or
the member is convicted of an offence which is, or which would if committed in Victoria be, an indictable offence; or
the member is absent from 4 consecutive meetings of the Authority without the Minister's prior consent.
S. 10(3) amended by No. 40/2019 s. 78(1).
A member may resign the member's office by notice in writing delivered to the Minister.
The Minister may remove a member from office.
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 item 130), 80/2006 s. 26(Sch. item 67).
The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member in respect of the office of member.
S. 11 substituted by No. 127/1993 s. 6.
The Minister must appoint one member to be chairperson of the Authority.
The chairperson may resign that office in writing delivered to the Minister.
S. 12 substituted by No. 127/1993 s. 6.
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