City of Brisbane Market Act Amendment Act 1978 (Qld)

269 ANNO VICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 34 of 1978 An Act to amend The City of Brisbane Market Acts 1960 to 1967 in certain particulars [ASSENTED TO 8TH JUNE, 1978] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the City of Brisbane Market Act Amendment Act 1978. (2) In this Act The City of Brisbane Market Act of 1960 as subsequently amended is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the City of Brisbane Market Act1960-1978.

270 City of Brisbane Market Act Amendment Act 1978, No. 34 2. Amendment of s. 4 . Section 4 of the Principal Act is amended by- (a) omitting the definition " Director-General of Agriculture and Stock "; (b) omitting the definition " Minister " and substituting the following definition:- Miinniisstteerr""--TThheeMinister for Primary Industries or other Minister of the Crown charged at the material time with the administration of this Act: The term includes any Minister of the Crown who is temporarily performing the duties of the Minister;". 3. Amendment of s. 6A. Section 6A of the Principal Act is amended by omitting from subsection (1) the words " the Mayor and ". 4. Amendment of s. 9 . Section 9 of the Principal Act is amended by- (a) omitting from subsection (1) the words "Agriculture and Stock " and substituting the words " Primary Industries'' ; (b) omitting subsection (3) and substituting the following subsections:- " (3) The Minister may at any time appoint a person as a delegate member of the Trust to deputise for a member other than the chairman or ex officio member of the Trust. (4) For as long as his appointment as such continues in effect a delegate member shall be entitled to attend meetings of the Trust in the absence of the member for whom he is deputising and while so attending shall be deemed to be a member of the Trust.". 5. Amendment of s. 10 . Section 10 of the Principal Act is amended by- (a) omitting from subsection (2) the words " In ascertaining whether or not a quorum is present at any meeting, an acting member of the Trust shall be counted as a member."; (b) omitting subsection (4) and substituting the following subsection:- " (4) An act or proceeding of the Trust shall not be invalidated or in any way prejudiced by reason only of the fact that at the time such act was done or proceeding taken there were vacancies in the membership of the Trust or that all the members for the time being holding office were not present at the meeting at which such act or proceeding was done or authorized or that there is a defect in the qualification, membership or appointment of any one or more of the members who joined in doing such act or taking such proceeding or in authorizing such act or proceeding or of any combination of such facts.".

City of Brisbane Market Act Amendment Act 19.78, No. 34 271 6. Amendment of s. 11 . Section 11 of the Principal Act is amended by omitting from subsection (1) the words ", the ex officio member, or any acting member " where twice occurring and substituting in each case the words " or the ex officio member ". 7. Amendment of s. 12 . Section 12 of the Principal Act is amended by inserting in subsections (1), (2), (3) and (4) in each case after the word " officers " the words ", inspectors ". 8. Amendment of s. 17. Section 17 of the Principal Act is amended by omitting from subsection (5) all words from and including the words " Penalty: Not less " to and including the words " the offence continues." and substituting the following words:- Penalty: $1 000 Daily Penalty: $50.". 9. New ss. 25C, 25D, 25E, 25F and 25G. The Principal Act is amended by inserting after section 25B the following sections:- " 25C. Powers of Inspectors . (1) Subject, in each case, to the prior approval of the chairman, an inspector or other person appointed by the Trust to perform the duties of an inspector may at any time- (a) enter any premises wherein he reasonably suspects fruit and vegetables or fruit or vegetables to be sold by wholesale, or to be kept for sale by wholesale or for delivery on sale by wholesale and search for and examine any fruit or vegetables therein; (b) place a mark upon and, where he considers it necessary for the execution of this Act, open any package, bin or container suspected by him to contain fruit or vegetables; (c) seize, remove and retain any fruit and vegetables in respect of which he reasonably suspects an offence against this Act to have been committed; (d) require any person to produce all accounts, books and documents held by him with respect to the sale or purchase or receipt or dispatch of fruit, vegetables or farm products and inspect and take copies of or extracts from any entries therein; (e) require a person whom he reasonably suspects of committing or having committed an offence against this Act to supply his name and address and in the case of a purchaser or seller of fruit, vegetables or farm products the name of the person from whom he purchased or, as the case may be, to whom he sold the fruit, vegetables or farm products; (f) require a person who he reasonably suspects has in contravention of any provision of this Act received or disposed of fruit, vegetables or farm products on behalf of, or as agent for or consignee for another person to supply his name and address and the name and address of the person on behalf of whom he received or disposed of the fruit, vegetables or farm

272 City of Brisbane Market Act Amendment Act 1978, No. 34 products and the name and address of the person who received or to whom he forwarded the fruit, vegetables or farm products. (2) An inspector or other person appointed by the Trust to perform the duties of an inspector who is authorized by this Act to search premises shall not make a search unless he has upon his person- (a) a certificate of his appointment issued by the Trust; and (b) an instruction in writing signed by the chairman on behalf of the Trust authorizing him to enter the premises nominated therein and to exercise all or any of the powers conferred by this section. A person apparently in charge of the premises about to be searched is entitled to demand and to be shown the certificate of appointment of the inspector or other person who seeks to search the premises. (3) Before an inspector enters any part of premises which part is being used exclusively as a dwelling-house he shall, save where he has the permission of the occupier of that part to his entry, obtain from a justice a warrant to enter. A justice who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect- (a) that in any place fruit, vegetables or farm products are being sold, kept for sale or for delivery on sale; and (b) that in respect of that fruit, vegetables or, as the case may be, farm products an offence against this Act has been committed, is being committed or is likely to be committed, may issue his warrant directed to the inspector to enter the place specified in the warrant for the purpose of exercising therein the powers conferred on an inspector under this Act. A warrant shall be for the period of one month from the date of its issue sufficient authority for the inspector and for all persons acting in aid of him- (a) to enter the place specified in the warrant; and (b) to exercise therein the powers conferred on an inspector by this Act. In this subsection premises that are used as a dwelling-house do not include the curtilage of those premises. (4) For the purpose of gaining entry to any place an inspector may call to his aid such persons as he thinks necessary and those persons, while acting in aid of an inspector in the lawful exercise by him of his power of entry, shall have a like power of entry. 25D. Disposal of seized fruit , vegetables and containers. (1) Where an inspector or other person appointed by the Trust has lawfully seized any fruit or'any vegetables (whether with or without containers) the Trust- (a) may cause that fruit or those vegetables to be destroyed if- (i) it is or they are condemned as unfit for sale; or (ii) it or they may lawfully be destroyed under this Act;

City of Brisbane Market Act Amendment Act 1978, No. 34 273 (b) may cause that fruit or those vegetables (and containers, if any) to be- (i) sold at the public market established under this Act and the nett proceeds of sale retained by the Trust until they are disposed of in accordance with an order of any court of competent jurisdiction or in accordance with the provisions of section 25E; or (ii) retained by the Trust until the determination of any proceeding taken in respect thereof in which the fruit, vegetables or, as the case may be, containers may be admitted in evidence. The Trust may exercise a power conferred by this subsection with respect to a portion of the fruit, vegetables or containers lawfully seized notwithstanding that it does not exercise that power or any other power with respect to any other portion. (2) The Minister may direct that fruit, vegetables or containers lawfully seized under this Act be delivered to the owner subject to such conditions as the Minister imposes, and the Trust shall forthwith deliver the fruit, vegetables or containers in question in accordance with that direction. A person who contravenes or fails to comply with any condition imposed (whether on that person or another) by the Minister under this section commits an offence against this Act. 25E. Disposal of nett proceeds of sale. (1) Where the Trust is holding the nett proceeds of sale under section 25D, a magistrates court constituted under the Justices Act1886-1975- (a) upon the determination of a proceeding, whenever commenced, for an offence against this Act alleged to have been committed with respect to the fruit or vegetables sold, of its own motion or on application made in that behalf by any party to that proceeding; or (b) if a proceeding specified in paragraph (a) has not been commenced within six months after the date of seizure of the fruit or vegetables sold, upon application in that behalf by the Trust or by any person claiming a proprietary interest in those proceeds, may- (c) order that the nett proceeds of sale be and form part of the funds of the Trust if- (i) any person has been convicted of an offence against this Act in respect of the fruit or vegetables sold; (ii) the person who would otherwise be entitled to the nett proceeds of sale or any part thereof is unknown to the chairman after reasonable inquiry in that behalf; or (iii) for any other reason the court considers it just so to do; (d) order that the nett proceds of the sale be paid to the persons appearing to it to be entitled to them in such proportions as the court considers just; (e) make any other order it considers just.

274 City of Brisbane Market Act Amendment Act 1978, No. 34 A court may make separate orders under this subsection in respect of several parts of the nett proceeds. (2) Where fruit and vegetables or fruit or vegetables have been seized under section 25c and- (a) a proceeding for an offence against this Act alleged to have been committed with respect to that fruit or those vegetables has not been commenced within twelve months after the date of seizure; or (b) a proceeding has not been commenced in any court in respect of that fruit or those vegetables or the nett proceeds of sale or any part thereof within twelve months after the date of seizure, the nett proceeds of the sale shall without further authority than this provision be applied by the Trust to its general use for the purposes of this Act. (3) Where pursuant to an order of any court or to subsection (2) the Trust has paid to any person or applied to its general use nett proceeds of the sale or any part thereof, it shall not be liable at the suit of any person for such proceeds or part. An order of the court made pursuant to paragraph (d) or (e) of subsection (1) shall not operate or be construed so as to bar the right of a person entitled to recover by action the nett proceeds of sale or any part thereof (to which the order refers) from a person to whom those nett proceeds or part have been paid in compliance with that order. (4) An application under paragraph (b) of subsection (1) shall be made to the magistrates court in the magistrates courts district in which the principal office of the Trust is situated. (5) A court to which any application is made under this section may require the applicant to give notice of his application to such persons as the court specifies and may from time to time adjourn the application for the purpose of enabling that notice to be given. (6) In this section and in section 25D the expression " nett proceeds of sale " means the amount remaining from the proceeds of sale of the fruit and vegetables (and containers, if any) in question after payment therefrom of expenses incurred in- (a) the seizure of the fruit or vegetables; (b) the conveyance of the fruit or vegetables from the place of seizure to the place of sale; (c) the storage of the fruit or vegetables until delivery on sale; (d) the sale in question. 25F. Disposal of fruit , vegetables or containers . A court that determines a proceeding for an offence against this Act may make such order with respect to the disposal of any fruit, vegetables or containers retained by the Trust for the purposes of that proceeding as it considers just, and the Trust and all other persons concerned shall do all things necessary to give effect to that order.

City of Brisbane Market Act Amendment Act 1978, No. 34 275 25G. Offences . A person shall not- (a) assault, obstruct, threaten or intimidate any person employed by the Trust in the exercise of his powers or in the discharge of his duties under this Act, or attempt so to do; (b) give, offer or promise any bribe, recompense, inducement or reward to any person employed by the Trust or to any person acting at the direction of that employee with intent to influence that employee in the exercise of his powers or the discharge of his duties under this Act or, as the case may be, under such direction; (c) when required by a person employed by the Trust to give information for the purposes of this Act- (i) fail to give information within his knowledge or means of knowledge; or (ii) give information that to his knowledge is false in a material particular; (b) fail to comply with a lawful requirement duly given or imposed by the Trust or by a person employed by the Trust for the purposes of this Act; (e) open, break, remove, alter or erase any fastening, mark or seal placed on any container, door, aperture or place for the purposes of this Act unless he is authorized by this Act or the Trust so to do; (f) when required so to do by a person employed by the Trust in the discharge of his duties under this Act fail- (i) to produce any book, account or document in his possession or under his control; or (ii) to allow that person to inspect any book, account or document or to make a copy thereof or extract therefrom.". 10. Amendment of s. 27. Section 27 of the Principal Act is amended in paragraph (d) of subsection (1) by- (a) inserting in provision (ii) after the word " officers " the words ", inspectors "; (b) renumbering provisions (vi), (vii), (viii), (ix), (x), (xi) and (xii) as provisions (vii), (ix), (x), (xii), (xiii), (xiv) and (xv) respectively; (c) inserting after provision (v) the following provision:- (vi) Regulating the manner in which fruit, vegetables and farm products shall be delivered to, stored with and removed from the public market established under this Act and prescribing the packages, bins or containers in which fruit, vegetables or farm products shall be delivered to or removed from that market;"; (d) inserting after provision (vii) as so renumbered the following provision :- " (viii) Regulating the minimum quantities in which fruit, vegetables and farm products may be sold within the public market established under this Act;";

276 City of Brisbane Market Act Amendment Act 1978 No. 34 (e) inserting after provision (x) as so renumbered the following provision :- "(xi) Notwithstanding any lease between the Trust and any wholesaler, prescribing the hours during which fruit vegetables and farm products may be sold by wholesalers within the public market established under this Act but so that such hours shall be not longer than the trading hours fixed from time to time by the Full Bench of The Industrial Conciliation and Arbitration Commission constituted under and acting pursuant to the Industrial Conciliation and Arbitration Act 1961-1976; " ; (f) omitting from provision (xiv) as so renumbered the words " fifty pounds " and the words " five pounds " and substituting the expression " $500 " and the expression " $50 " respectively. 11. Repeal of and new s. 28. The Principal Act is amended by omitting section 28 and substituting the following section:- " 28. Prosecution of offences . An offence against this Act may be prosecuted in a summary way under the Justices Act1886-1977 upon the complaint of a person authorized in that behalf by the Trust and in the particular case by the Minister.".