City of Brisbane Market Acts Amendment Act of 1967 (Qld)

193 Quovtts (tttttr ANNO SEXTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 30 of 1967 An Act to Amend "The City of Brisbane Market Acts, 1960 to 1962," in certain particulars [ASSENTED TO 15TH N OVEMBER, 1967] 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. (1) Short title . This Act may be cited as " The City of Brisbane Market Acts Amendment Act of 1967." (2) Principal Act. " The City of Brisbane Market Acts, 1960 1o 1962," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The City of Brishane Market Acts, 1960 to 1967." 2. Commencement of Act. This Act shall come into operation on a date to be fixed by Proclamation published in the Gazette. 3. Amendment of s. 4 . Section four of the Principal Act is amended by omitting the definition " Vegetables 91 and inserting in its stead the following definition:- " Vegetables "-Any and all vegetables save any commodity which the Governor in Council by Order in Council from time to time declares not to be a vegetable for the purposes of this Act .°' 7

194 City of BrisbaniMarket Acts Amendment Act of 1967, No. 30 4. Amendments of s. 5 . Section five of the Principal Act is amended by- (a) in subsection (2) omitting the words " five other members " and inserting in their stead the words " six other members "; (b) in subsection (3)- (i) omitting the word " and " where it appears at the end of paragraph (b) ; and (ii) adding the following paragraph:- ,'; and (d) a representative of the farm produce trade who shall be appointed from a panel of three persons nominated by The Brisbane Produce Merchants Association." 5. Amendment of s. 6. Section six of the Principal Act is amended by adding the following subsection:- " (3) If at any time The Brisbane Produce Merchants Association 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 the farm produce trade." 6. Amendment of s. 10 (2). Subsection (2) of section ten of the Principal Act is amended by omitting the first paragraph and inserting in its stead the following paragraphs:- Subject to the chairman or, when acting in the office of chairman, the ex officio member being present at the meeting, a majority of the number of members (including the chairman and ex officio member) in office for the time being shall form a quorum at any meeting of the Trust, and any duly convened meeting at which a quorum is present shall be competent to transact any business of the Trust and shall have and may exercise and perform all the functions, powers, authorities and duties of the Trust. In ascertaining whether or not a quorum is present at any meeting, an acting member of the Trust shall be counted as a member." 7. Amendment of s. 16 . Section sixteen of the Principal Act is amended by omitting subsection (3). 8. New s . 16A inserted . The Principal Act is amended by inserting after section sixteen the following section:- " [16A.] Surplus land. (1) The Trust may with the prior approval of the Governor in Council by Order in Council sell or otherwise dispose of such part of its land which is surplus to the requirements of the Trust for the purposes of this Act, subject to any terms and conditions which the Governor in Council may think fit to impose including- (a) a condition that the Trust shall prior to selling or otherwise disposing of the land concerned enter into an agreement with the proposed transferee or assignee of such land containing such terms, conditions and covenants as the Governor in Council determines; and (b) conditions as to the uses or disposal of the proceeds of any such sale or disposition.

City of Brisbane Market Acts Amendment Act of 1967, No. 30 195 (2) The Trust shall not sell or otherwise dispose of any land- (a) if the area of such land exceeds twenty-five acres; or (b) if the aggregate of the area or areas of land previously sold or disposed of by the Trust and the area of such firstmentioned land exceeds twenty-five acres." 9. Amendment of s. 26 . Section twenty-six of the Principal Act is amended by adding to paragraph (f) the following words:- including the creation of a body for the purpose of administering such funds or methods, which body may be constituted a body corporate." 10. Power to make regulation 4 under section twenty - six of the Principal Act. It is hereby declared that the power to make regulations under section twenty-six of the Principal Act always included power to make the regulation numbered 4 and published in the Gazette on the eighth day of May. one thousand nine hundred and sixty-two as amended by regulations published in the Gazette on the seventh day of May, one thousand nine hundred and sixty-six.