Perth Market Amendment By-laws 1999 (WA)

[15 January 1999 GOVERNMENT GAZETTE, WA 109

AGRICULTURE

AG301'

Perth Market Act 1926

to Legislation of Western Australia, Table 4, p. 203.]

Perth Market Amendment By-laws 1999

Made by the Perth Market Authority and approved and confirmed by the Lieutenant-Governor and deputy of the Governor in Executive Council.

1.            Citation

These by-laws may be cited as the Perth Market Amendment
By-laws 1999.

2.            The by-laws amended

The amendments in these by-laws are to the Perth Market
By-laws 1990*.
[* Published in Gazette 28 December 1990, pp. 6415-32.

For amendments to 22 December 1998 see 1997 Index

110 GOVERNMENT GAZETTE, WA [15 January 1999

3.            By-law 3 amended

By-law 3(1) is amended by inserting the following definition in

the appropriate alphabetical position -

44

"principal" in relation to an occupier, has the same

meaning as in by-law 27(2);

4.            By-law 27 amended

(1) By-law 27(2) is amended by inserting after "days" -

or such time as is agreed in writing by the parties,

(2) By-law 27(3) is amended as follows:

(a) by deleting "Within" and inserting instead -

Subject to by-law 27A, within ";

(b) by deleting "sub-bylaw (1 )"and inserting instead -

sub-bylaw (2) ";

(c)	by inserting after paragraph (a)(v) the following subparagraph -
46 (vi) the principal by name;
(d)	by inserting after paragraph (b)(v) the following subparagraph -

46

(Va) the buyer by name or code;

(3) By-law 27(5) is amended by deleting "and in addition thereto

shall maintain" and inserting instead -

"

and all agreements entered into under by-law 27A and

in addition thereto shall keep and maintain

(4) By-law 27(6) is repealed and the following sub-bylaw is

inserted instead -

(6)	Copies of all receipts, invoices, agreements, and sale notes and the records, books and accounts required to
be kept and maintained under sub-bylaw (5) shall be
kept by the occupier in safe custody for a period of not less than 2 years after -

(a)	the transaction to which such documents relate took place; or
(b)	the agreement ceases to operate.

(5) By-law 27(7) is amended by inserting after "invoices," in both

places where it occurs -

46

agreements, ".

15 January 19991 GOVERNMENT GAZETTE, WA 111

(6) By-law 27(8)(b) is amended by inserting after "invoice," -

46

agreement, ".

5. By-law 27A inserted
After by-law 27 the following by-law is inserted -

44  

27A.	Cash sales and agreement regarding records under by-law 27(3)
(1)	An agreement between a principal and an occupier that by-law 27(3), or specified parts of that by-law, is not to apply in specified circumstances or for a specified
period of time -

(a)	is to be entered into if the occupier and principal enter into an agreement under sub-bylaw (3); and
(b)	may be entered into at any other time.
(2)	To the extent that there is a conflict between an agreement under sub-bylaw (1) and by-law 27(3), by-law 27(3), and where relevant by-law 27(4), does not apply.
(3)	An occupier may not sell, or offer for sale, general produce for cash in the public market between 7.30 am and 12 noon on a Saturday unless the occupier does so in accordance with a written agreement to that effect with the principal.
(4)	Unless otherwise specified -
(a)	the general produce the subject of an agreement under sub-bylaw (1) becomes the property of
the buyer at the point of sale; and
(b)	payment for the general produce the subject of an agreement under sub-bylaw (1)is to be made by the occupier to the principal within 21 days of the day the sale of the general produce takes place.

(5) In this by-law—

"specified" means specified in writing in an agreement under

this by-law.

6.            By-law 43 amended

By-law 43 (4) is amended by deleting "13(2)" and inserting instead -

46

13C(2) ".

112 GOVERNMENT GAZETTE, WA [15 January 1999

Made by the Perth Market Authority by resolution adopted on the

18th day of December 1998.

G. H. ANDERSON, Chairman. I. A. MANNING, Manager.

Approved and confirnied by the Lieutenant-Governor and deputy of the

Governor,

ROD SPENCER, Clerk of the Executive Council.