City of Brisbane Market Act Amendment Act of 1961 (10 Eliz ll No. 18) (Qld)

650 ANNO DECIMO ELIZ.ABETHAE SECUNDAE REGINAE. ····················~;••·························· No. 18. An Act to Amend "The City of Brisbane Market Act of 1960," in certain particulars. [ASSENTED TO 4TH APRIL, 1961.] B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis- lativeAssemblyof Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title. I. (1.) This Act may be cited as " The City of Brisbane Market Act Amendment Act of 1961." A Pr c i t n . cipal is in (2 th .) is " A Th ct e re C fe it r y red of to Br a is s b t a h n e e P M ri a n r c k i e p t al A A c c t t. of 1960" Collective (3.) The Principal Act and this Act may be title. collectively cited as " The City of Brisbane Market Acts, 1960 to 1961." Amendment 2. Section four of the Principal Act is amended ofa. 4• by omitting from paragraph (b) of the definition" Banana ripener " the words " by wholesale " and inserting in their stead the words " whether by wholesale or retail ".

1961. CityofBrisbaneMarketAct Atnendrnent Act. 651 3. Subsection one of section nine of the Principal Amendmant Act is amended by omitting the second paragraph and ors. 9 (l). inserting in its stead the following paragraph :- " Such ex officio member may attend all meetings of the Trust, and may take part in all proceedings and vote upon all questions arising at any such meeting." Act 4 is . aSmuebnsedcetdiobnytwoomoitftsinecgtitohnesipxrtoeveinsoofttohep P ar r a in g c r i a p p a h l ¾ O ° s e . n 1 ~e ( 2 n >· t (e) and inserting in its stead the following proviso:- " Provided that, save a building lease (which may be for such period as the Trust deems fit) the Trust shall not grant any lease or license for a term longer than twenty- one years." 5. Section seventeen of the Principal Act is Amendments amended by- of s. 17 (I). (a) Omitting subsections one and two and inserting in their stead the following subsections:- " (1.) The Trust, shall provide in the public market established under this Act for every wholesaler- (a) Who makes application to the Trust on or before a date to be determined by the Trust; and (b) Who was carrying on business as a wholesaler within the part of the Area of the City of Brisbane described in the Schedule to this Act on the thirty-first day of December, one thousand nine hundred and fifty-nine, or who is the successor in title to a person who was so carrying on business on such date, accommodation for carrying on his business as a wholesaler, at least equivalent in area or, at the discretion of the Trust, number of sections to that had by him or such person on the said thirty-first day of December in the aforesaid part of the Area of the City of Brisbane wherein he or such person carried on business as specified in paragraph (b) of this subsection. (2.) The Trust may provide in the public market established under this Act for every wholesaler- (a) Who makes application to the Trust on or before a date to be determined by the Trust ;

652 City of Brisbane :Market Act Amendment Act. 10 ELIZ. II., No. 18, (b) VVho is not the holder of an exemption under subsection six of this section ; and (c) Who was carrying on business as a wholesaler in the Area of the City of Brisbane (exclusive of the part thereof described in the Schedule to this Act) on the thirty-first day of December, one thousand nine hundred and fifty-nine, or who is the successor in title to a person who was so carrying on business on such date, accommodation for carrying on his business as a wholesaler at least equivalent in area or, at the discretion of the Trust, number of Sections to that had, in the opinion of the Trust, by a wholesaler for carrying on such a business of similar volume in either of the two Public Markets in use in the Area of the City of Brisbane on the said thirty-first day of December."; (b) In subsection five omitting the words "subsection six " and inserting in their stead the words "subsections six and seven" ; (c) In subsection six omitting the words "Any such permit may be cancelled at any time." and inserting in" their stead the words "The Trust may, whether or not such an exemption is for a specified period, cancel it at any time." ; and (d) Adding the following subsection:- " (7.) If the Trust is satisfied- (a) That any person (in this section called the "wholesaler") carries on, on his own behalf, the business of purchasing wholesale any fruit or vegetables for the purpose of the resale thereof by wholesale to persons who~ in turn, sell the same by retail in the course of carrying on the business of selling by retail fruit or vegetables ; (b) That upon any such resale by wholesale the wholesaler delivers the fruit or vegetables the subject of the tr1:msaction to the purchaser concerned at the place where such purchaser carries on the business of selling by retail fruit or vegetables ; and

10 ELIZ. II. No. 18, 1961. City of Brisbane MarketAct Etc., Act. (c) That the wholesaler obtains in the public market established under this Act all fruit or vegetables so supplied by him to any person who sells the same, the Trust may by \""vTiting under its seal exempt from the provisions of subsection five of this section such wholesaler in respect of (but only in respect of) his business as a wholesaler specified in this subsection. Such an exemption may be subject to such terms and conditions as the Trust deems fit, and may be for a specified period. The Trust may, whether or not such an exemption is for a specified period, cancel it at any time. An exemption under this subsection does not apply to any transaction by the holder thereof in fruit or vegetables which does not accord in every respect with the provisions of subpa.ragraphs (a), (b) and (c) of the first paragraph of this subsection." 653 By Authority: S. G. REID, Government Printer, Brisbane--1961