Sydney Market Authority Act 1968 Sydney Market Regulation 1993 (1993-439) [GG No 94 of 27.8.1993] (NSW)

1993—No. 439

SYDNEY MARKET AUTHORITY ACT 1968—REGULATION

(Sydney Market Regulation 1993)

NEW SOUTH WALES

[Published in Gazette No. 94 of 27 August 1993]

HIS Excellency the Governor, with the advice of the Executive Council,

and in pursuance of the Sydney Market Authority Act 1968, has been

pleased to make the Regulation set forth hereunder.

I. R. CAUSLEY, M.P.,

Minister for Agriculture and Fisheries.

PART 1—PRELIMINARY

Citation

1. This Regulation may be cited as the Sydney Market Regulation

1993.

Commencement

2. This Regulation commences on 1 September 1993.

Definitions

3. “allotted”, in relation to a stand or store, includes leased, licensed and
permitted to be occupied;

In this Regulation: Director or person who is authorised in writing by the Managing Director in relation to that matter (whether specifically or as an

expressed or implied part of a general authority);

“charge” includes rent, fee, due and amount;

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“goods” means farm produce and the food of humans;

“grower-agent” means:

(a) a grower-seller who is licensed under the Farm Produce Act

1983 as a farm produce agent; or

(b) a grower-seller who conducts business as an agent in selling flowers;

“grower-seller” means a person who grows or produces farm produce

and sells it (whether or not by means of employees) at the market;

“market’’ means the whole of the lands on which the Authority from

time to time carries on a public market or permits a public market to
be carried on;

“merchandise” means any article or class of articles which the Authority allows to be sold in the market, but does not include goods;

“motorised unloading device” means a fork lift or other motorised

vehicular device used or intended to be used for the loading,

unloading or handling of goods or merchandise;

“occupier” in relation to a stand or store, means the person to whom

that stand or store has been allotted by the Authority;

“sell” includes:

barter or exchange; and
agree to sell, barter or exchange; and
offer or expose for sale, barter or exchange; and
send, forward or deliver for or on sale or for barter or
exchange; and
have in possession for sale, barter or exchange; and
cause or suffer to be sold, bartered, exchanged, offered for
sale, exposed for sale or sent, forwarded or delivered for or

on sale or for barter or exchange; and

forward or deliver for or on sale or for barter or exchange;

attempt to sell, barter, exchange, expose for sale or send,

“stand” means any open floor space or other space in the market set
apart by the Authority as a stand;
“store” means an enclosed space of one or more storeys in the market

set apart by the Authority as a store;

“the Act” means the Sydney Market Authority Act 1968;

“vehicle” means any device for the transportation or carriage of

persons or things and include any equipment while attached to the

device, a motorised unloading device and a lawnmowing machine.

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Farm produce

4. For the purposes of the definition of “farm produce” in section 3 of

the Act, flowers and dressed rabbits are declared to be farm produce.

Permission etc. of Authority or authorised officer

5. Except in so far as this Regulation otherwise indicates or requires, a permission, approval, direction or determination of the Authority or an authorised officer under this Regulation may be given or made:

(a)	generally or in relation to a particular person, act, matter or thing or a class of persons, acts, matters or things; and
(b)	unconditionally or subject to such conditions as the Authority or authorised officer, as the case may be, may impose; and

(c) in writing or otherwise.

Notification by Authority

6. Except in so far as this Regulation otherwise indicates or requires, any notification that the Authority is required or permitted to make under this Regulation is to be made by means of a notice conspicuously displayed in the market (or, if the notification relates only to a part of the market, in that part of the market).

PART 2—MARKET HOURS

Opening hours of market

7. The days and times when the market (or a part of the market) is to be open are to be as determined and notified by the Authority.

No entry to market when market closed

8. (1) A person must not enter or be in any part of the market when

that part of the market is not open in accordance with this Regulation.

(2) Subclause (1) does not apply to a person or a member of a class of
persons permitted by the Authority or by an authorised officer to enter or
be in the market or that part of the market at times when it is not open.

(3) A person must not, without the written permission of the Authority, sell in my part of the market at a time when it is not open.

Maximum penalty: 10 penalty units.

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PART 3—STANDS AND STORES

Occupation of stand or store

9. A person must not sell from a stand or store unless the person has the Authority’s permission to do so and such charge as is from time to time determined and notified by the Authority in respect of the occupation of the stand or store has been paid.

Maximum penalty: 10 penalty units.

Stand or store may be allotted for particular use

10. (1) The Authority may allot a stand or store:

(a)	to a grower-seller for the purpose of selling goods as a grower-seller or grower-agent; or
(b)	to a person for the purpose of selling goods or merchandise in any part of the market designated as a retail market by the Authority; or
(c)	to a person for the purpose of selling goods or merchandise in any part of the market designated as a wholesale market by the Authority.

(2) If the Authority allots a stand or store to a person for the purpose of its use for selling goods or merchandise, it may by service of a written notice on the person impose conditions on the occupation of the stand or store and the person must comply with those conditions.

Maximum penalty: 10 penalty units.

Restrictions

11. (1) A person must not sell from a stand or store other than a stand or store allotted to that person by the Authority.

(2) An occupier of a stand or store must not, without the Authority’s permission, sell any goods or merchandise in the market otherwise than from the stand or store.

(3) A person to whom a stand or store has been allotted by the Authority must not occupy that stand or store otherwise than for such period of time as is determined and notified by the Authority (or as is specified in the receipt or other document issued by or on behalf of the Authority for payment of the charge under clause 9).

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(4) A person must:

(a) vacate a stand or store; or

(b) move with his or her goods and merchandise to another stand or store,

in accordance with a direction given by an authorised officer.

(5) A person is not entitled to recover any charge paid to the Authority
in relation to the occupation of a stand or store merely because the stand

or store allotted to the person is not available for use during all or any of the hours during which the part of the market in which that stand or store

is situated is open in accordance with this Regulation.

Maximum penalty: 10 penalty units.

Production of receipt for charges paid

12. (1) A person selling from a stand or store must, on request by an authorised officer, immediately produce for inspection the receipt or other document issued by or on behalf of the Authority showing that the charge determined by the Authority in respect of the occupation of that stand or store has been paid.

(2) A person selling from a stand or store who does not immediately produce such a receipt or other document on request by an authorised officer must immediately:

(a) pay the charge determined by the Authority in respect of the occupation of that stand or store; or

(b) vacate the stand or store,

in accordance with a direction given by the authorised officer.

Maximum penalty (subclause (2)): 10 penalty units.
(3) A person selling from a stand or store who makes the payment

referred to in subclause (2) (a) in accordance with a direction given by an authorised officer under that subclause is not guilty of an offence under clause 11 (1) or 34 (2) in respect of that sale.

Goods, merchandise and measuring devices to be kept within stands or stores

13. (1) The occupier of a stand or store must not place or use (or cause or permit to be placed or used) beyond the boundaries or limits of that

stand or store by good or merchandise for sale or any scales, weights or
measuring devices.

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(2) However, the occupier of a stand or store may place or use (or cause or permit to be placed or used) goods, merchandise, scales, weights or measuring devices on another stand or in another store if the occupier has the permission of an authorised officer.

Maximum penalty: 10 penalty units.

Stand or store to be kept clean

14 (1) The occupier of a stand or store must keep the stand or store
(and such portion of the unallotted area of the market adjacent to that
stand or store as is specified in the allocation of the stand or store) clean.
(2) The occupier must properly sweep the stand or store (and the

relevant portion of the unallotted area of the market adjacent to that stand

or store) immediately before leaving the stand or store for the day.

(3) However, the occupier must not sweep (or cause or allow to be swept) anything into or onto any accessway in the market except at such times and in such manner as an authorised officer may direct.

Maximum penalty: 50 penalty units.

Garbage receptacles

15. (1) While in occupation of a stand or store, the occupier must keep

on the stand or in the store a receptacle (of a type approved by the
Authority) for refuse.

(2) The occupier must not have on the stand or in the store any refuse except refuse that has been placed in that receptacle.

(3) When leaving the stand or store for the day, the occupier must, at

his or her own expense, remove (or cause to be removed) all refuse in the
receptacle.

The occupier must cause the receptacle to be cleansed regularly and maintained in a clean condition.

Maximum penalty: 10 penalty units.

Packing, materials, equipment etc

16. The occupier of a stand or store must not, without the permission

of an authorised officer, bring or cause or permit to be brought into the

market (or place or cause or permit to be placed, or cause or permit to

remain, in the market):

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(a)	any empty boxes, cases, crates, frames, coops, pens or casks or any packaging materials, other than those required for the packaging of goods or merchandise when sold; or
(b)	such other materials or equipment or class of materials or equipment as the Authority may determine and notify.

Maximum penalty: 10 penalty units.

Signs and notices

17. (1) The occupier of a stand or store must not, without the permission of the Authority, erect, write, mark or display, or cause or permit to be erected, written, marked or displayed in the market a sign or notice (other than a price ticket) on, about or in relation to any matter or thing except a sign or notice the form and position of which has been approved by the Authority.

(2) The occupier must, at his or her own expense and when directed to do so by the Authority, erect (or cause to be erected) in such positions as the Authority may direct such signs and notices in such forms as the Authority may direct in relation to:

(a)	the identity of that occupier or of any other person occupying that stand or store; and
(b)	the telephone number of any telephone service connected to the stand or store; and

(c) such other matters as the Authority may determine,

and must keep up, renovate or replace those signs and notices in
accordance with any direction given by the Authority.

(3) The occupier must not permit a sign or notice erected in accordance

with subclause (2) to be or to remain obscured or defaced in whole or
part.

Maximum penalty: 10 penalty units.

PART 4—VEHICLES GENERALLY

Charge for bringing vehicle into market

18. A person must not drive or bring a vehicle into the market unless

the person:

(a) has paid such charge as is determined and notified by the Authority in respect of the entry into the market of vehicles (or

vehicles of the class to which that vehicle belongs); and

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(b)	has paid such charge as is determined and notified by the Authority in respect of the goods or merchandise (or class of goods or merchandise) brought to the market for sale if any such goods or merchandise (or class of goods or merchandise) is or are being transported on that vehicle; and
(c)	produces to an authorised officer such manifest, document or other written particulars as may be required by the Authority in respect of goods or merchandise (or class of goods or merchandise) brought into the market for sale if any such goods or merchandise (or class of goods or merchandise) is or are being transported on that vehicle.

Maximum penalty: 10 penalty units.

Registration and licence required

19. A person must not drive or operate in the market a vehicle which, if driven on a public street, would be required to be registered under the Traffic Act 1909 unless:

(a) the vehicle is so registered; and

(b) the person is licensed under that Act to drive or operate that vehicle.

Maximum penalty: 10 penalty units.

Wheels to be approved

20. (1) A person must not, without the permission of the Authority, bring into or operate in the market a vehicle having wheels of a type which the Authority has not approved.

(2) Subclause (1) does not apply in respect of a vehicle which has wheels which are fitted with properly inflated pneumatic rubber tyres appropriate to that vehicle.

Maximum penalty: 10 penalty units.

Vehicle to be driven safely and only when necessary

21. (1) A person must not drive, wheel or operate a vehicle in the

market: (a) in a dangerous or negligent manner; or

(b)	otherwise than at such speed or in such direction, place or manner as the Authority has determined and notified; or
(c)	subject to paragraphs (a) and (b), contrary to a direction given to that person by an authorised officer.

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(2) A person who drives or operates in the market a vehicle which is propelled by means of a motor or engine must, as soon as that vehicle is no longer required to be driven or operated, or immediately in accordance with a direction given by an authorised officer, stop the motor or engine.

Maximum penalty: 10 penalty units.

Vehicle parking

(1) A person must not park or stand a vehicle in the market: in an area other than an area which the Authority has determined and notified as a parlung area; or

otherwise than in such direction and within such limits as the
Authority has determined and notified; or
so as to obstruct an accessway; or
without displaying in the vehicle (so that it can be seen and read
from outside the vehicle) the receipt or other document issued by

the Authority on the payment of the charge under clause 18; or

contrary to any direction given to that person by an authorised officer.

(2) This clause does not prevent the occupier of a stand or store from parking or standing a vehicle used for the purpose of carrying goods or merchandise for sale on or from that stand or store within the boundaries or limits of that stand or store.

Maximum penalty: 10 penalty units.

Maintenance of vehicles and equipment

23. A person must not wash, maintain, repair or service a vehicle, motor or engine (or any part of a vehicle, motor or engine) in the market without the written permission of the Authority.

Maximum penalty: 10 penalty units.

PART 5—MOTORSIED UNLOADING DEVICES

Drivers to be licesed etc.

) A person must not drive or operate a motorised unloading device in the market unless the person holds:

(a) a licence issued and in force under the Traffic Act 1909 to drive or operate the device; and

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(b) a certificate of competency or learner’s permit issued and in force under section 17 of the Construction Safety Act 1912 authorising the person to drive or operate the device.

(2) A person must, while driving or operating a motorised unloading

device:

(a)	carry his or her licence and certificate of competency or learner’s permit; and
(b)	produce the licence and certificate of competency or learner’s permit to an authorised officer on demand.

Maximum penalty: 10 penalty units.

Motorised unloading devices to be registered

25. A person must not:

(a) bring a motorised unloading device into the market; or

(b) drive or operate a motorised unloading device in the market or cause a motorised unloading device to be driven or operated in the market,

unless a certificate of registration issued by the Authority under this Part

is in force in respect of the device.

Maximum penalty: 10 penalty units.

Business not to use unregistered device

26. A person must not carry on a business in the course of which a motorised unloading device is driven or operated in the market unless a certificate of registration issued by the Authority under this Part is in force in respect of the device.

Maximum penalty: 10 penalty units.

Application for certificate

27. An application for the issue under this Part of a certificate of registration in respect of a motorised unloading device:

(a)	must be made in writing to the Authority on a form made available for the purpose by the Authority; and
) must contain such information as the Authority may reasonably request (whether on the form or otherwise); and
(c)	must specify the motorised unloading device in respect of which the certificate is sought; and

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(d) must be accompanied by:

(i)  the fee determined and notified by the Authority in respect of the application; and

(ii) the registration certificate issued and in force under the Traffic Act 1909 in respect of the device; and

(iii)  a certificate given by a motor mechanic approved by the Authority indicating that the device complies with the Authority’s requirements relating to mechanical fitness; and

(iv)  such other documents and particulars as the Authority may reasonably request (whether on the form or otherwise).

Issue of certificate

28. On receipt of an application made in accordance with clause 27 in

respect of a specified motorised unloading device, the Authority may:

(a) issue a certificate of registration in respect of the device; or

(b) refuse to issue a certificate of registration in respect of the device.

Period vertificate in force

29. A certificate of registration in respect of a motorised unloading

device is in force for 1 year from the date of its grant, or for such period

of less than 1 year as is endorsed on the certificate.

Conditions

30. (1) A certificate of registration in respect of a motorised unloading device is subject to the conditions endorsed on the certificate.

(2) The holder of the certificate must comply with those conditions.

Maximum penalty: 10 penalty units.

Label to be attached

31. The holder of a certificate of registration must not drive or operate

the motorised unloading device to which the Certificate relates (or permit the device to be driven or operated) unless the label issued by the Authority with the certificate and showing the registration number of the device is securely attached in a prominent position on the outer surface of the device in accordance with such directions (if any) as may be given to the holder of the certificate by the Authority.

Maximum penalty: 10 penalty units.

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Transfer of registration

32. (1) The Authority may, on application to it and on payment of the fee determined and notified by the Authority in respect of that application, transfer a certificate of registration in respect of a motorised unloading device.

(2) The transfer is made by an appropriate endorsement on the certificate.

Cancellation

33. (1) The Authority may cancel the certificate of registration of a motorised unloading device in the following circumstances:

(a) the device is no longer registered under the Traffic Act 1909;

(b)	the certificate of registration was issued in error or in consequence of false information given by the applicant;
(c)	the Authority considers that the standard or condition of the device is such as to be likely to cause injury to any person or property;
(d)	the Authority is satisfied (for any other reason) that it would not grant a further certificate of registration in respect of the device if application for a further certificate were made under clause 27.

(2) The cancellation is effected by the Authority’s serving a written notice of cancellation on the holder of the certificate of registration.

PART 6—GENERAL PROVISIONS

Permission to sell goods or merchandise

34. (1) A person must not hawk any goods or merchandise in the

market.

(2) A person (other than the occupier of a stand or store, or an employee of that occupier) must not sell any goods or merchandise in the market without the Authority’s permission.

Maximum penalty: 10 penalty units.

Display, sale and marking of goods and merchandise

35. (1) A person must not bring into the market, or place or display in the market (or cause to be brought into, placed or displayed in the

market) any goods or merchandise except goods or merchandise for sale.

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(2) If a purchaser does not remove the goods or merchandise he or she

has bought immediately after a sale, the seller must cause those goods or
that merchandise to be clearly marked as sold.

Maximum penalty: 10 penalty units.

Goods and merchandise to be handled as directed

36. A person bringing goods or merchandise into the market or possessing or controlling goods or merchandise (whether for sale or otherwise) while in the market must, according to such direction as is given by an authorised officer:

(a)	deposit those goods or that merchandise as indicated in the direction; or
(b)	immediately remove those goods or that merchandise from the market.

Maximum penalty: 10 penalty units.

Offering services

37. A person must not, in the market:

(a) offer to provide any service in the market; or
(b) provide any service,

to an occupier of a stand or store, an employee of an occupier of a stand or store or any other person without the permission of the Authority and the payment of such charge in respect of the granting of that permission

as the Authority may determine.

Maximum penalty: 10 penalty units.

Auctions

38. A person must not advertise a sale by auction, or sell any goods or

merchandise by auction, in the market without the permission of the

Authority.

Maximum penalty: 10 penalty units.

Limiting sale of goods or merchandise

39. (1) A person must not, without the permission of the Authority,

sell any goods or merchandise or any class of goods or merchandise in

the market or a part of the market if the Authority has (either generally or

in relation to that person or a class of persons of which that person is a

member) :

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prohibited the sale of those goods or that merchandise or that class of goods or merchandise in the market or that part of the market; or

restricted the sale of those goods or that merchandise or that class of goods or merchandise in the market or that part of the market,

unless the sale made by that person is made in accordance with

that restriction.

Maximum penalty: 10 penalty units.

(2) The Authority must notify a prohibition or restriction made or

imposed under subclause (1).

Littering etc.

40. (1) A person must not throw, deposit or place (or cause to be thrown, deposited or placed) any litter, refuse or other unwholesome article or thing in the market.

(2) Subclause (1) does not apply to the depositing or placing of litter or refuse in a receptacle kept by the occupier of a stand or store in accordance with this Regulation.

(3) A person must not bring into, or possess or control or leave in the market, any litter, refuse or other unwholesome article or thing.

(4) A person who contravenes subclause (1) or (3) must, if an authorised officer directs the removal from the market, or the destruction, of the article or thing the subject of the contravention, immediately remove from the market or destroy that article or thing.

Maximum penalty: 10 penalty units.

Spitting, urinating and defacating

41. (1) A person must not spit, urinate or defecate in the market except in toillet facilities provided by the Authority.

(2) After using the facilities, a person must leave them clean and flushed.

Maximum penalty: 10 penalty units.

Smoking

42. A person must not smoke my substance or any cigar, cigarette,

pipe or other device in an area of the market which a notification of the
Authoty has designated as an area in which smoking is prohibited.

Maximum penalty: 10 penalty units.

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Animals, birds, fish and reptiles

43. (1) A person must not, except with the permission of the Authority, bring into the market or possess or control in the market a live animal, live bird, live fish or live reptile.

(2) A person who brings into the market or possesses or controls in the market a live animal, live bird, live fish or live reptile in accordance with the permission of the Authority must keep it properly and securely confined in a cage, coop, pen, tank or other enclosure.

(3) A person who purchases a live animal, live bird, live fish or live reptile in the market must keep it properly and securely confined in a cage, coop, pen, tank or other enclosure until the animal, bird, fish or reptile has been removed from the market.

Maximum penalty: 10 penalty units.

Conduct of persons in the market

44. be under the influence of intoxicating liquor or a drug, (other than
a drug prescribed for his or her medication); or
advertise, sell or attempt to sell any goods or merchandise by
shouting; or
play or operate a musical instrument, radio, television receiver,
microphone or other electronic amplifying equipment or flashing
lights, without the written permission of the Authority; or
curse or swear or use insulting, abusive, indecent or obscene
language; or
behave in a disorderly or offensive manner or a manner that
causes or is likely to cause annoyance or inconvenience to another
person; or

(1) A person in the market must not: gamble; or

solicit money or any other thing without the permission of an

authorised officer; or
subject to clause 17, display or distribute a handbill, placard,
notice, advertisement, paper or thing without the permission of an
authorised officer; or
obstruct, prevent, hinder or interfere with an authorised officer or
other employee of the Authority in the exercise of my of has or

her functions; or

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(k) in any way obstruct, or cause to be obstructed, any fire doors or access to fire-fighting equipment, or any part of a roadway, walkway or parking area.

(2) Without limiting any penalty that may be imposed on a person who contravenes this clause, such a person must immediately leave the market if directed to do so by an authorised officer.

(3) A person who has been directed to leave the market under this clause must not enter the market again without the permission of an authorised officer.

Maximum penalty: 10 penalty units.

Market property

45. (1) A person must not wilfully do any thing that causes or is likely to cause damage to the property of the Authority.

(2) A person must not:
(a) interfere or tamper with; or
(b) impede the working or performance of; or

(c) use for a purpose other than that for which it is provided,

any property of the Authority in the market except with the permission of
the Authority.

(3) A person must not use or move any vehicle, machinery or apparatus of the Authority in the market without the permission of the Authority or an authorised officer.

Maximum penalty: 10 penalty units.

Reporting of accidents etc.

46. A person who

(a)	sees an accident or incident in the market in which an offence is committed; or
(b)	is involved in an accident or incident in the market in which a person is injured by another person, or property is damaged,

must, as soon as practicable after the occurrence of the accident or incident, report it to an authorised officer and provide all such information concerning that accident or incident as an authorised officer may reasonably request.

Maximum penalty: 10 penalty units.

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Variation and withdrawal of directions

47. (1) The Authority may vary or withdraw a direction or permission given or a determination made pursuant to this Regulation by it, the Managing Director or an authorised officer.

(2) The Managing Director may vary or withdraw a direction or permission given or a determination made pursuant to this Regulation by the Managing Director or by an authorised officer except where the variation or withdrawal would affect any action taken or decision made before the variation or withdrawal by the Authority with respect to that direction, permission or determination.

(3) An authorised officer may vary or withdraw a direction or permission given or a determination made pursuant to this Regulation by the authorised officer except where the variation or withdrawal would affect any action taken or decision made before the variation or withdrawal by the Authority or the Managing Director with respect to that direction, permission or determination.

Appeals

48. An appeal lodged under section 11B of the Act against a

determination of the Authority affecting a right of use and occupancy:

(a) must be in writing addressed to the Minister;

(b) must set out the grounds on which the appellant relies; and

(c) must be lodged with the Managing Director at the office of the Authority within 1 month after the date of service of the notice under section 11A (1) of the Act in relation to that determination.

PART 7—OFFENCES AND PENALTIES

Contravention of conditions etc.

49. A person who contravenes any of the terms or conditions of any permission, approval, direction or determination given or made under this Regulation is guilty of an offence and liable to a penalty not exceeding 10 penalty units.

Matters prescribed in relation to penalty notices

50. (1) An offence under a provision of this Regulation specified in Schedule 1 is prescribed as an offence to which section 18 (I) of the Act applies.

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(2) For the purposes of section 18 (1) of the Act, an authorised officer

within the meaning of section 16 (1) of the Act is a prescribed officer.

(3) The amount of 1 penalty unit is prescribed in relation to:

(a)	a parking offence (within the meaning of section 17 of the Act); and
(b)	each offence under a provision of this Regulation specified in Schedule 1.

PART 8—MISCELLANEOUS

Repeal of Sydney Market Regulation

51. The Sydney Market Regulation is repealed.

Transitional

52. (1) Any permission, approval, direction or determination of the Authority or an authorised officer given or made under the Sydney Market Regulation and in force immediately before the commencement of this Regulation is taken to be a permission, approval, direction or determination under this Regulation and is taken to be subject to the same conditions as those to which it was then subject.

(2) Any other act, matter or thing that had effect under the Sydney Market Regulation immediately before the commencement of this Regulation is taken to have effect under this Regulation.

SCHEDULE 1

(Cl. 50)

Clause 8
Clause 9
Clause 11 (2)
Clause 13
Clause 14 (1), (2), (3)
Clause 15 (1)
Clause 18
Clause 19
Clause 21 (1), (2)
Clause 22 (1)
Clause 24 (1), (2)
Clause 25

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Clause 30 (2)
Clause 31
Clause 34 (1), (2)
Clause 35 (2)
Clause 37
Clause 40 (1), (3), (4)
Clause 41
Clause 44 (1) (k)

Clause 45 (2)

NOTES

TABLE OF PROVISIONS

PART 1—PRELIMINARY

1.   Citation

2.   Commencement

3.   Definitions

4.   Farm produce

5.   Permission etc. of Authority or authorised officer

6.   Notification by Authority

PART 2—MARKET HOURS

7.   Opening hours of market

8.   No entry to the market when market closed

PART 3—STANDS AND STORES

9.   Occupation of stand or store

10.   Stand or store may be allotted for particular use

11.  Restrictions

12.  Production of receipt for charges paid

13.  Goods, merchandise and measuring devices to be kept within stands or stores

14.  Stand or store to be kept clean

15.  Garbage receptacles

16.   Packing, materials, equipment etc.

17.   Signs and notices

PART 4—VEHICLES GENERALLY

18. Charge for bringing vehicle into market

19. Registration and licence required
20. Wheels to be approved

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21.    Vehicle to be driven safely and only when necessary

22.    Vehicle parking

23.   Maintenance of vehicles and equipment

PART 5—MOTORISED UNLOADING DEVICES

24.   Drivers to be licensed etc.

25.   Motorised unloading devices to be registered

26.   Business not to use unregistered device

27.   Application for certificate

28.   Issue of certificate

29.   Period certificate in force

30.   Conditions

31.   Label to be attached

32.   Transfer of registration

33.   Cancellation

PART 6—GENERAL PROVISIONS

34.   Permission to sell goods or merchandise

35.   Display, sale and marking of goods and merchandise

36.   Goods and merchandise to be handled as directed

37.   Offering services

38.   Auctions

39.   Limiting sale of goods or merchandise

40.    Littering etc.

41.    Spitting, urinating and defecating

42.    Smoking

43.    Animals, birds, fish and reptiles

44.    Conduct of persons in the market

45.    Market property

46.   Reporting of accidents etc.

47.    Variation and withdrawal of directions

48.    Appeals

PART 7—OFFENCES AND PENALTIES

49.    Contravention of conditions etc.

50. Matters prescribed in relation to penalty notices

PART 8—MISCELLANEOUS

51. Repeal of Sydney Market Regulation
52. Transitional
SCHEDULE 1

1993—No. 439

EXPLANATORY NOTE

The object of this Regulation is to repeal and remake, with modifications, the Sydney Market Regulation. Apart from machinery provisions (such as the name by which the new Regulation is to be known and the date of its commencement), the Regulation makes provision for the following:

• the opening hours of the market

• the occupation of stands and stores within the market

• the regulation of vehicles in the market, with special provisions concerning vehicles such as fork lifts

• the regulation of activities and behaviour generally in the market
• penalties for certain offences.

The Regulation is made under the Sydney Market Authority Act 1968, including section 35 (the general regulation-making power) and various other sections mentioned in the Regulation.

The Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.