City of Brisbane Market Acts Amendment Act of 1962 (11 Eliz Ii No. 21) (Qld)

869 ANNO UNDECIMO . E . L .. I . Z .. A .. B . E .. T .. H .. A .. E ... S .. E .. C .. U .. N .. D .. A .. E .... R .. E . G .. I . N . ' A ' . E .. No. 21 An Act to Amend "The City of Brisbane Market Acts, 1960 to 1961," in certain particulars [A~SENTED TO 3RD APRIL, 1962] B E 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) This Act may be cited as " The City ofBrisbane Short title Market Acts Amendment Act of 1962." (2) "The City of Brisbane Market Acts, 1960 to Principal Act 1961," are in this Act referred to as the Principal Act.

870 City of Brisbane Market, Etc., Act 11 ELIZ. II. No. 21, Ctitollelective collec( 3ti) veTlyhecitePdrinascip " a T l he A C ct ity a o n f d Bri t s h b is ane A M ct ark m e a t y Ac b ts e , 1960 to 1962." i N ns e e w rt s e . d 6A sectio2n. sTixhethPerfionlcliopwailnAg cstecistioanm:en-ded by inserting after :fsbane ~' [6A.l (J) Bris_ban~ city <;ouncifl mhayMat its firsdt city meetmg a1ter a tnenma1 e1ection o t e ayor an Council may the whole number of aldermen nominate a fresh fnroemshinate representati · ve fi or appom · tment as a mem b er o f t h e r~presenta- Trust in the stead of its then representative thereon tive (in this section called the " former representative ") and the Governor in Council shall appoint such nominee accordingly. (2) The appointment as a member of the Trust of the fresh representative of Brisbane City Council shall determine the office as a member of the Trust of its former representative as from and including the date of the publication in the Gazette of the notification by the Governor in Council of such appointment, and the former representative is hereby retired from such office accordingly notwithstanding that he has not remained in office for the term then current of his appointment." Amendment of s. 16 (2) 3. Subsection (2) of section sixteen of the Principal Act is amended by omitting the words "For such purpose" and inserting in their stead the words" For the purpose of subsection (1) of this section, or of any Order in Council under sections twenty-five or 25A of this Act, or of section 25B of this Act,". News. 21A inserted Investment of surplus funds 4. The Principal Act is amended by inserting after section twenty-one the following section :- " [2JA.] (J) Subject to this section, the Trust may from time to time invest moneys which are surplus for the time being in any of its funds. (2) The Trust may make any such investment- (a) in any securities of or guaranteed by the Government or Treasurer of the Commonwealth or of this State ; (b) on deposit in any bank ; or (c) with any authorised and approved dealer.

1962 City of Brisbane Market, Etc., Act 871 (3) For the purposes of this section the expression " authorised and approved dealer " means a person- (a) who is an authorised dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort ; and (b) who is approved by the Governor in Council by Order in Council published in the Gazette. (4) Any and every security in respect of any investment referred to in this section shall be held either by the Trust or to the account of the Trust by the Reserve Bank of Australia. The Trust shall obtain and keep a safe custody receipt in respect of any and every such security held to its account by the Reserve Bank of Australia." 5. The Principal Act is amended by inserting after ~2SA section twenty-five the following section :- " [25A.] (J) The Governor in Council may from Po~ to time to time by Order in Council authorise the Trust ru~?!~r to provide in the public market established under this at public Act accommodation for enabling the carrying on there market of the class, kind or description of business, trade, calling or other occupation, or for the purpose, specified in the Order in Council. (2) An Order in Council under subsection (1) of this section may prescribe, with respect to the provision by the Trust of the accommodation which it authorises, such terms, provisions and conditions as the Governor in Council deems necessary or expedient. (3) The Trust shall observe the terms, provisions and conditions of any Order in Council under subsection (1) of this section and, if thereunto required by the Order in Council, shall, by public advertisement, invite tenders for any accommodation which it is authorised by the Order m Council to provide : Provided that the Trust need not accept the highest or any tender. (4) Where an Order in Council under subsection (1) of this section requires the Trust to invite by public advertisement tenders for any accommodation m the public market established under this Act which it is

872 City of Brisbane Market, Etc., Act 11 ELIZ. II. No. 21, authorised by the Order in Council to provide, the Governor in Council may exempt the Trust from complying with that requirement in respect of the provision by it of such accommodation for any person who was, or who is the successor in title to any person who was, on the thirty-first day of December, one thousand nine hundred and fifty-nine, carrying on within the part of the Area of the City of Brisbane specified in the Schedule to this Act a business, trade, calling or other occupation of the class, kind or description specified in such Order in Council. (5) Where the Trust satisfies the Governor in Council that a wholesaler to whom section seventeen of this Act applies was on the thirty-first day of December, one thousand nine hundred and fifty-nine, using the accommodation within the part of the Area of the City of Brisbane specified in the Schedule to this Act for the purpose of carrying on any business other than that of a wholesaler, and either in connection with or separately from the business of a wholesaler then and there being carried on by such wholesaler, the Governor in Council may by Order in Council authorise the Trust to make arrangements with such wholesaler for such accommodation in the public market established under this Act, additional to the accommodation therein provided for such wholesaler as such, as in the opinion of the Trust is necessary in order to enable such wholesaler to carry on in such public market such other business. Such arrangements may provide for the provision of any building or part of a building necessary for providing such accommodation either by the Trust or by the wholesaler concerned. (6) It shall be an implied condition of any lease or license whereby, pursuant to the authority of an Order in Council under this section, the Trust grants to any person the use or occupation of any accommodation in the public market established under

1962 City of Brisbane Market, Etc., Act this Act that the lessee or licensee will use or occupy the accommodation for the purpose of carrying on a business, calling, trade or other occupation of the class, kind or description, or for the purpose, specified in the Order in Council and for no other purpose whatsoever. The Trust may forfeit the lease or license for breach of the condition implied by this subsection. Delay in imposing or failure to impose such forfeiture in respect of any particular breach shall not be a waiver by the Trust of, or prejudice or affect in any way, its power to impose the forfeiture where the breach is continued or a subsequent breach is committed." 873 6. The Principal Act is amended by inserting after News. 258 section 25A, as previously inserted by this Act, the following section :- :te " [25B.] (J) Notwithstanding the provisions of Poc~:!~- section seventeen of this Act, the Trust may provide in the certain public market established under this Act, for any person :ig~~~rs for the purpose of carrying on, on his own behalf, the market business of purchasing wholesale any fruit or vegetables for the purpose of the resale thereof by wholesale, accommodation for carrying on such business. (2) It shall be an implied condition of any lease or license whereby, pursuant to this section, the Trust grants to any person the use or occupation of any accommodation in the public market established under this Act that the lessee or licensee will use or occupy the accommodation for the purpose of carrying on, on his own behalf, the business of purchasing wholesale any fruit or vegetables for the purpose of the resale thereof by wholesale and for no other purpose whatsoever.

874 City of Brisbane Market, Etc., Act 11 Euz. II. No. 21, 1962 The Trust may forfeit the lease or license for breach of the condition implied by this subsection. Delay in imposing or failure to impose such forfeiture in respect of any particular breach shall not be a waiver by the Trust of, or prejudice or affect in any way, its power to impose the forfeiture where the breach is continued or a subsequent breach is committed."