Metropolitan Market Act Amendment Act 1941 (WA)

METROPOLITAN MARKET.

5° and 6° GEO. VI., XXXVII.

No. 37 of 1941.

AN ACT to amend the Metropolitan Market Aet, 1926.

[Assented to 15th January, 1942.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title. 1. This Act may be cited as the Metropolitan Market

Act Amendment Act, 1941, and shall be read as one with

the Metropolitan Market Act, 1926, hereinafter referred

to as the principal Act.

Amendment	2. Section twelve of the principal Act is amended
of s. 12.

(a) by adding new paragraphs to subsection (2)

thereof as follows :-

(c) prohibit the sale in the metropolitan area of any prescribed produce,• products, or pro- visions in any market other than the market established under this Act or a market place referred to in the proviso to subsection (1) of this section, except with the consent of the Trust and subject to the by-laws.

1941.] Metropolitan Market. [No. 37.

For the purpose of this paragraph "Mar- ket" shall mean any place where a number of producers of prescribed produce, pro- ducts, or provisions or their agents congre- gate for the purpose of selling or offering for sale any such prescribed produce, pro- ducts, or provisions.

(d) prohibit the sale by wholesale in the metro- politan area of fruit and vegetables (ex- cept potatoes and onions), fish, poultry, and eggs by agents elsewhere than in the market established under this Act. For the pur- poses of this paragraph "agent" means a person whose business, either alone or as part of or in connection with any other business, is to sell on behalf of producers or other persons any of the goods referred to herein on commission, whether such sale be by auction or otherwise.

Nothing in this paragraph shall prevent any person (not acting as agent for a pro- ducer) from selling or exposing for sale in his own shop or warehouse any prescribed produce, products or provisions.

(b) by adding a new subsection as follows :—

(2a) (1) No person other than the original owner shall sell fish by wholesale, whether by auction or otherwise, within the metro- politan area unless the fish has been sold previously by auction in the market estab- lished under this Act.

(2) For the purposes of paragraph (1) of

this subsection the expression

"Fish" includes every variety of marine and freshwater fishes and crustacea, and marine animal life, which, after being taken from the waters in which they are found, are not subjected to any process, other than freezing, for the purposes of preserving the same. "Original owner" means

(a) the person by whom or by whose

servants any fish is taken from

No. 37.] Metropolitan Market. [1941.

the waters in which it is found, when such person is resident within the State; and

(b) the person who first receives any fish within the State when the person by whom or by whose servants such fish is taken from the waters in which it is found, is not resident within the State.

Citation of

principal Ant 3. The principal Act as amended by this Act may be

as amended. cited as the Metropolitan Market Act, 1926-1941.