City of Brisbane Market Act Amendment Act 1982 (Qld)

217 Queenolanb ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 20 of 1982 An Act to amend the Cityof BrisbaneMarket Act 1960- 1978 in certain particulars and for other purposes [ ASSENTED TO 23RD APRIL, 1982] 8

218 City of Brisbane Market Act Amendment Act 1982, No. 20 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 . This Act may be cited as the City of Brisbane Market Act Amendment Act 1982. 2. Commencement . (1) This section and section 1 shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Principal Act and citation as amended . (1) In this Act the Cityof Brisbane Market Act1960-1978 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the City of Brisbane Market Act1960-1982. 4. Amendment of s. 4 . Meaning of terms. Section 4 of the Principal Act is amended by- (a) inserting after the definition " Banana ripener " the following definition:- "Building lease "-A lease of land from the Trust on which the lessee is required to provide a building or other structural improvement;"; (b) inserting after the definition " Fruit " the following definition:- " " Market "-The public market established and maintained pursuant to section 16 (1);". 5. Amendment of s. 5 . Establishment of a Trust . Section 5 of the Principal Act is amended by- (a) in subsection (2), (i) omitting the word " six " and substituting the word " eight "; (ii) adding at the end of the subsection the following paragraph:- The Governor in Council may at any time appoint the chairman to be the chief executive officer of the Trust."; (b) in subsection (3), (i) in subparagraph (c) omitting the word " Two " and substituting the word " Three "; (ii) omitting the word " and " appearing between subparagraphs (c) and(d); (iii) in subparagraph (d) omitting the words " Association." and substituting the words "Association;"; (iv) inserting after subparagraph (d) the following subparagraph-.- (e) a representative of licensed buyers who shall be nominated by the Minister from panels of persons nominated in the prescribed manner by prescribed bodies.".

City of Brisbane Market Act Amendment Act 1982, No. 20 219 6. Amendment of s. 6. Appointment of representative members upon nomination of the Minister . Section 6 of the Principal Act is amended by inserting after subsection (3) the following subsection:- " (4) If at any time a body prescribed pursuant to subparagraph (e) of section 5 (3) fails to nominate the prescribed panel of persons for the appointment therefrom of a member of the Trust, the Governor in Council may nevertheless appoint a person nominated by the Minister as the representative of licensed buyers.". 7. Amendment of s. 16. Trust to establish and maintain public market. Section 16 of the Principal Act is amended by inserting after subsection (2) the following subsections:- " (3) For the purpose of subsection (1), or of any Order in Council under section 25, 25A or 25B the Trust may from time to time with the prior approval of the Minister by resolution fix the hours and conditions for trading in, entering upon or leaving the market by any person or any class of persons which hours and conditions may vary from one person to another person or from one class of persons to another class of persons and shall not be 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 1961-1980. (4) Any resolution referred to in subsection (3) shall be advertised by posting a copy thereof at each entrance to the market and by such other method as the Trust determines. (5) A person who trades in, enters upon or leaves the market other than within the hours fixed pursuant to subsection (3) that are applicable to him commits an offence against this Act unless he is authorized in writing by the Trust to trade, enter or leave other than within those hours.". 8. Amendment of s. 22 . Accounts . Section 22 of the Principal A It m ct ai i n s te a n m an e c n e d"etdhebwy, oirndssu" bosrefcotriosunch(7o) t,hienrspeurtripnogseaaftsetrhethMe iwniostredr approves ". 9. Repeal of ss. 23 and 24 and new ss . 22A, 23 and 24. The Principal Act is amended by repealing sections 23 and 24 and substituting the following sections:- " 22A. Annual statements of account . (1) As soon as practicable after 30 June in each year statements of account as prescribed shall be prepared in respect of the financial year then concluded by- (a) the Trust; (b) the trustees of any superannuation or provident scheme, plan or trust established pursuant to section 12 (3); (c) any body constituted under regulations made pursuant to subparagraph (f) of section 26. (2) When the annual statements of account have been prepared and certified they shall forthwith thereafter be transmitted to the Auditor- General by the Trust or, as the case may be, trustees or body referred to in subsection (1).

220 City of Brisbane Market Act Amendment Act 1982, No. 20 (3) Until the annual statements of account have been audited and duly certified by the Auditor-General pursuant to section 23 they shall not be sold or made available to any person other than a member of the Trust or, as the case may be, the trustees or body referred to in subsection (1), the Minister or the Auditor-General or a person acting in aid of the Trust, trustees or body, the Minister or the Auditor-General. 23. Audit. (1) The books and accounts of- (a) the Trust; (b) the trustees of any superannuation or provident scheme, plan or trust established pursuant to section 12 (3); (c) any body constituted under regulations made pursuant to subparagraph (f) of section 26, shall be audited by the Auditor-General who shall have, with respect to such audit, all the powers and authorities conferred on him by the Financial Administration and Audit Act1977-1981. (2) The Auditor-General shall certify whether the annual statements of account prepared and transmitted to him in accordance with section 22A- (a) are in the form prescribed; (b) are in agreement with the respective books and accounts; and (c) in his opinion have been properly drawn up so as to present a true and fair view of transactions for the financial year in question and the financial position at the end of that year on a basis consistent with that applied in respect of the financial year last preceding. (3) The Auditor-General shall at least once in each year report the results of each audit to the Trust or, as the case may be, trustees or body referred to in subsection (1) and the Trust or, as the case may be, trustees or body shall give due consideration to all recommendations made in the respective reports. Where the Auditor-General considers that any such recommendations are of major significance, he shall forward a copy of them to the Treasurer and the Minister. 24. Annual report . (1) The Trust shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report on the operations of the Trust during the year ended on that date and shall include therein- (a) reports on the operation of any superannuation or provident scheme, plan or trust established in pursuance of section 12 (3) and any sinking fund or other method for the repayment of moneys borrowed established under regulations made pursuant to subparagraph (f) of section 26; (b) copies of the annual statements of account referred to in section 22A (1) certified by the Auditor-General pursuant to section 23 (2).

City of Brisbane Market Act Amendment Act 1982, No. 20 221 (2) The reports referred to in subparagraph (a) of subsection (1) shall be prepared and forwarded to the Trust as soon as practicable after 30 June in each year by the trustees or, as the case may be, body in question. (3) The Minister shall lay the report before the Legislative Assembly within 14 sitting days from the day on which he receives the report.". 10. Amendment of s. 25G . Offences. Section 25G of the Principal Act is amended by in subparagraph (a) inserting after the words " obstruct," the words " abuse,". 11. New s. 25H. Power to exclude persons from public market. The Principal Act is amended by inserting after section 25G the following section:- "25H. Power to exclude persons from market . (1) A person who has been convicted of- (a) an indictable offence committed within the market; (b) an offence against the By-laws in respect of selling or unlawful conduct, may be called upon by the Trust by notice in writing to show cause before it within seven days of the service of the notice on him why he should not be prohibited from entering the market. (2) If a person referred to in subsection (1)- (a) fails to appear before the Trust; or (b) fails to show cause to the satisfaction of the Trust, the Trust may order that he be prohibited from entering the market for such time (not exceeding three months) as it thinks fit. (3) The Trust may, at any time, cancel an order made under subsection (2) or vary the terms of that order but in so varying it shall not increase the period of prohibition. (4) Any person who enters the market in contravention of an order made under subsection (2) commits an offence against this Act and may be removed from the market by an officer of the Trust. (5) For the purposes of exercising the power given to him under subsection (4) an officer of the Trust may call to his aid any member of the Police Force or such other persons as he thinks necessary.". 12. Amendment of s. 26. Regulations . Section 26 of the Principal Act is amended by omitting paragraph (f) and substituting the following paragraph:- (ff)) the establishment of sinking funds or other methods for the repayment of moneys borrowed and prescribing any matters with respect thereto including- (i) the constitution of a body for the purpose of administering such funds or methods, which body may be constituted a body corporate;

222 City of Brisbane Market Act Amendment Act 1982, No. 20 (ii) the use or disposal of moneys held to the credit of such funds or methods as are surplus to the requirements of such funds or methods at the time of the use or disposal.". 13. Amendment of s. 27. By-laws . Section 27 of the Principal Act is amended by- (a) in subsection (1), (i) in the second paragraph of paragraph (c) inserting after the word " agents " the words " or a number of merchants "; (ii) in paragraph (d), (A) omitting subparagraph (iv) and substituting the following subparagraph :- " (iv) Regulating the presence, conduct and movement of persons or classes of persons within, and their use of, the market which includes but is not limited to the issue of licences or identification cards in respect of such presence or movement and the charging of fees for such licences or cards;"; (B) in subparagraph (vi), omitting the words " stored with " and substituting the words " stored within ". (b) inserting after subsection (1) the following subsection:- (IA) The power of the Trust to make by-laws under subsection (1) includes power to make by-laws- (a) prescribing any offences under the by-laws in respect of which a notice may be given to an offender or affixed to a vehicle or to premises advising that a prescribed penalty may be paid for any such offence without involving court proceedings, which offences may be prescribed separately or by reference to any particular by-law; (b) prescribing sums of moneys which shall be payable by way of penalties in respect of offences so prescribed which sums of moneys may be so prescribed differently in relation to different offences; (c) prescribing such other matters as shall be shown on any notice given to an offender or affixed to a vehicle or to premises.". 14. New ss. 28A and 28B . The Principal Act is amended by inserting after section 28 the following sections:- " 28A. General offence and penalty. (1) A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act. (2) Save where a specific penalty is otherwise prescribed, a person who commits an offence against this Act is liable to a penalty of $500.

City of Brisbane Market Act Amendment Act 1982, No. 20 223 28B. Facilitation of proof . (1) In any proceedings for the purposes of this Act- (a) it shall not be necessary to prove the appointment of the chairman, secretary or chief executive officer or an authorized officer or officer of the Trust; (b) a signature purporting to be that of the chairman, secretary or chief executive officer or an authorized officer of the Trust shall be taken to be the signature it purports to be until the contrary is proved. (2) The allegation or averment in any complaint or other document giving notice of or alleging that a person has committed an offence against this Act that at any time or date mentioned therein- (a) any sign, marking or other device is or is not or was or was not lawfully placed, marked or erected for the purpose of regulating or guiding traffic or the parking of vehicles on a site or the loading or unloading of vehicles or the movement of persons; (b) any place is or is not or was or was not- (i) an area within the market; (ii) in the market; (iii) allocated by the Trust or any officer thereof; (iv) a prohibited or designated area; (v) a roadway; (c) any person is or is not or was or was not a wholesaler or his agent or employee or is or is not or was or was not in charge of or driving a vehicle or vehicular unloading device; (d) anything is or is not or was or was not- (i) fruit, vegetables or farm products; (ii) a vehicular unloading device; (iii) a forklift vehicle; (iv) a tow motor; (v) a vehicle; (vi) a traffic sign; (vii) a nuisance or in an unsanitary condition; (viii) a dog or other animal, shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the allegation or averment. (3) Any certificate or document purporting to be under the hand of the chairman, secretary, chief executive officer or authorized officer relating to- (a) the payment or non-payment of moneys required to be paid under this Act; (b) a notice issued under the by-laws in respect of an alleged offence against the by-laws;

224 City of Brisbane Market Act Amendment Act 1982, No. 20 (c) the receipt or non-receipt of any notice, application, submission, payment or other thing required or permitted under this Act or to the decision of or action taken by the secretary or other officer of the Trust in respect of such application, submission or other thing, shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the certificate. (4) This section shall apply to any matter alleged or averred hereunder although evidence in support of such matter or of any other matter is given.". 15. Validation of calculation of semi - annual contributions to Brisbane Market Trust Debt Redemption Fund . The contributions by the Brisbane Market Trust established under the Principal Act to the Debt Redemption Fund established under regulation 4 of the Brisbane Market Trust Inscribed Stock Regulations published in the Gazette on 26 October 1968 (as subsequently amended) in respect of the period commencing 1 July 1975 and ending on the date of commencement of this Act are hereby declared to be lawful and shall be deemed always to have been lawful notwithstanding that the contributions were calculated otherwise than in accordance with the method prescribed by that regulation. 16. Power to make by-laws 19 and 64 under s. 27 of Principal Act. It is hereby declared that the power to make by-laws under section 27 of the Principal Act always included power to make by-laws numbered 19 and 64 and published in the Gazette on 6 February, 1982.