Untitled document
Farm Produce Wholesale (Amendment) Act 1996
Act No. 40/1996
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 2
PART 2—FARM PRODUCE WHOLESALE LICENCES 3
3. Principal Act 3 4. Definitions 3 5. New section 5 substituted 3 5. Registrar and Deputy Registrar 3 6. Delegation 3 7. Annual report 3 8. Applications for renewal of a licence 3 9. Grant, renewal and transfer 4 10. New section 13A inserted 5 13A. Fit and proper person 5 11. Term of licence 7 12. Suspension and cancellation of licences 7 13. Authority 7 14. Review of decisions 8 15. New section 22 substituted 8 22. Determination of pecuniary loss 8 16. Reimbursement 9 17. Market reporting service 9 18. Written information 9 19. Service of documents 10 20. Delegation 10
PART 3—MELBOURNE MARKET AUTHORITY 11
21. New section 3A inserted 11 3A. Market a public place 11 22. Objects of Melbourne Market Authority 11
i
Section Page PART 4—TRANSITIONAL ARRANGEMENTS AND REPEAL 12
23. Repeal of Farm Produce Wholesale Act 1990 12 24. Transitional and savings provisions 12
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NOTES 13
ii
Victoria
No. 40 of 1996
Farm Produce Wholesale (Amendment)
Act 1996†
[Assented to 12 November 1996]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are to repeal the Farm Produce Wholesale Act 1990 and to make interim arrangements for the administration of that Act by the Melbourne Market Authority until its repeal and to make consequential amendments to the Melbourne Market Authority Act 1977.
Farm Produce Wholesale (Amendment) Act 1996
Act No. 40/1996 s. 2
2. Commencement
(1) Part 1 comes into operation on the day on which this Act receives the Royal Assent.
(2) Subject to sub-sections (3) and (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) Section 23 comes into operation on 31 December
1997.
(4) If a provision referred to in sub-section (2) does not come into operation within the period of 12 months beginning on, and including, the day on which this Act receives the Royal Assent, it
comes into operation on the first day after the end
of that period.
_______________
Farm Produce Wholesale (Amendment) Act 1996
| s. 3 | Act No. 40/1996 |
PART 2—FARM PRODUCE WHOLESALE LICENCES
No. 63/1990
| amended by | 3. Principal Act |
| No. 127/1993. | In this Part, the Farm Produce Wholesale Act 1990 is called the Principal Act. |
4. Definitions
In section 3 of the Principal Act after the
definition of "authorised officer" insert—'"Authority" means the Melbourne Market
Authority established under the Melbourne
Market Authority Act 1977;'.
5. New section 5 substituted
For section 5 of the Principal Act substitute—
"5. Registrar and Deputy Registrar(1) The Authority must appoint an officer or
employee of the Authority to be Registrar for
the purposes of this Act.
(2) The Authority may appoint an officer or
employee of the Authority to be DeputyRegistrar for the purposes of this Act.".
6. Delegation
In section 7 of the Principal Act omit "or an officer or employee of the public service".
7. Annual report
Section 9 of the Principal Act is repealed.
8. Applications for renewal of a licence
(1) In section 11(5) of the Principal Act after
"application" insert "for the grant of a licence or
for the approval of the transfer of a licence".
(2) In section 12(1) of the Principal Act omit
", renewal".
Farm Produce Wholesale (Amendment) Act 1996
Act No. 40/1996 s. 9
(3) In section 12(3) of the Principal Act—
(a)
for "Minister" (where twice occurring) substitute "Authority";
(b) for "Minister's" substitute "Authority's".
9. Grant, renewal and transfer
(1) In section 13(1) of the Principal Act—
(a) for "Minister" substitute "Authority";
(b)
in paragraph (f) after "been convicted" insert "or found guilty";
(c)
after paragraph (f) insert— "(g) that, on an application under section
459P of the Corporations Law, the 459C(2) of that law to presume that the licensee or, in the case of a transfer, the proposed transferee is insolvent; or
(h) that the licensee or, in the case of a transfer, the proposed transferee is an externally administered body corporate within the meaning of the Corporations Law.". (2) In section 13(2), (3) and (4) of the Principal Act,
for "Minister" (wherever occurring) substitute
"Authority".
(3) After section 13(4) of the Principal Act insert—
"(4A) In granting or renewing a licence the
Authority or the Registrar may impose any condition to which the licence is to be subject.".
(4) In section 13(5), (7), (8) and (9) of the Principal
Act for "Minister" (wherever occurring)
substitute "Authority".
Farm Produce Wholesale (Amendment) Act 1996
| s. 10 | Act No. 40/1996 |
10. New section 13A inserted
After section 13 of the Principal Act insert—
'13A. Fit and proper person
(1) This section does not limit the circumstances
in which a person may be considered not to be a fit and proper person to hold a licence.
(2) For the purposes of this Act, a person must be taken not to be a fit and proper person to hold a licence if—
(a) the person, or an associate of the person is not of good repute having regard to character, honesty and integrity; or (b) the person, or an associate of the person person, body or association who or which is not of good repute having regard to character, honesty and integrity; or
(c) a director, partner, trustee, executive person associated or connected with the ownership, administration or management of the person's business as a wholesaler is not a suitable person to act in that capacity.
(3) For the purposes of this section a person
("the associate") is the associate of another
person ("the principal") if the associate—
(a) interest, or is or will be entitled to
exercise any relevant power (whether inholds or will hold any relevant financial other person), in the principal's business as a wholesaler and, by virtue of that interest or power, is able or
Farm Produce Wholesale (Amendment) Act 1996
Act No. 40/1996 s. 10 would be able to exercise significant influence over or with respect to the management or operation of that
business; or
(b)
holds or will hold any relevant position, whether in right of the associate or on behalf of any other person, in the principal's business as a wholesaler; or
(c) is a relative of the principal; or
(d) is an agent of the principal.
(4) In sub-section (3)—
"relative" means spouse (including de facto
spouse), parent, child, or sibling
(whether of the full or half blood);
"relevant financial interest" in relation to a business means—
(a) any share in the capital of the business; or (b) any entitlement to receive any or
(c) any entitlement to receive any payment as a result of money advanced;
"relevant position" in relation to a business, means the position of director, manager or other executive
position or secretary, however that
position is designated;
"relevant power" means any power, whether exercisable by voting or otherwise and whether exercisable
alone or in association with others—
Farm Produce Wholesale (Amendment) Act 1996
| s. 11 | Act No. 40/1996 |
(a) to participate in any directorial, or
(b)
to elect or appoint any person to any relevant position.'.
11. Term of licence
In section 14 of the Principal Act for "until 30
June next" substitute "for a period fixed by theAuthority not exceeding 2 years".
12. Suspension and cancellation of licences
In section 15(1) of the Principal Act—
(a)
for "Minister" (where twice occurring) substitute "Authority";
(b)
in paragraph (e) after "been convicted" insert "or found guilty";
(c)
after paragraph (e) insert— "; or
(f) that, on an application under section 459P of the Corporations Law, the Court would be required under section 459C(2) of that law to presume that the licensee is insolvent; or (g) that the licensee is an externally meaning of the Corporations Law.".
13. Authority
In sections 15(2), (4), (5) and (6) and 16(1), (2),
(3) and (5) of the Principal Act for "Minister"
(wherever occurring) substitute "Authority".
Farm Produce Wholesale (Amendment) Act 1996
Act No. 40/1996 s. 14
14. Review of decisions
In section 20(3) of the Principal Act—
(a) omit "of the Minister";
(b)
in paragraphs (c) and (d) after "decision" insert "of the Authority";
(c)
after paragraph (d) insert— "(e) A decision to impose a condition on the
granting or renewal of a licence.".
15. New section 22 substituted
For section 22 of the Principal Act substitute—
"22. Determination of pecuniary loss
(1) The Registrar may determine that a producer
has suffered a pecuniary loss as a result of the failure of a licensee to pay for produce.
(2) On making a determination, the Registrar
must—
(a) publish in the Government Gazette and throughout Australia; and
(b) serve on each other producer whom the Registrar believes may have suffered a pecuniary loss as a result of that licensee's failure to pay for produce—
notice that—
(c)
the determination has been made in respect of the producers named in the determination; and
(d)
the Registrar may make a further determination that other producers have suffered a pecuniary loss as a result of the failure of that licensee to pay for produce.
Farm Produce Wholesale (Amendment) Act 1996
| s. 16 | Act No. 40/1996 |
(3) The Registrar may make a determination or a
further determination within the period of 6
months after the payment for the produce
first became payable to the producerconcerned.".
16. Reimbursement
For section 23(1) and (2) of the Principal Act
substitute—
"(1) The Registrar may certify that a producer hassuffered a pecuniary loss if the Registrar is satisfied that a licensee is unable to pay an amount owed to a producer.
(2) If the aggregate of determined losses in
respect of a licensee exceeds the amount
available under the indemnity lodged by the
licensee, each producer must be reimbursed
according to the proportion which his or her
determined loss bears to the aggregate.".
17. Market reporting service
In section 32 of the Principal Act—
(a)
in sub-sections (1) and (2) for "Registrar" substitute "Authority";
(b) sub-section (3) is repealed.
18. Written information
In section 36(1) of the Principal Act—
(a) after "supply" insert "in writing";
(b)
in paragraph (a) for "Minister" substitute "Authority".
Farm Produce Wholesale (Amendment) Act 1996
Act No. 40/1996 s. 19
19. Service of documents
In section 43(3) of the Principal Act for
"Department of Agriculture and Rural Affairs"substitute "Authority".
20. Delegation
Section 45 of the Principal Act is repealed.
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Farm Produce Wholesale (Amendment) Act 1996
| s. 21 | Act No. 40/1996 |
PART 3—MELBOURNE MARKET AUTHORITY
No. 8993.
| Reprinted to | 21. New section 3A inserted |
| No. 127/93 | |
| subsequently | After section 3 of the Melbourne Market |
| amended by | Authority Act 1977 insert— |
| No. 31/1994. | |
| "3A. Market a public place |
The market land is to be treated as a market for the purposes of paragraph (j) of the definition of public place in section 3 of the Summary Offences Act 1966.".
22. Objects of Melbourne Market Authority
After section 5(b) of the Melbourne Market
Authority Act 1977 insert—
"; and
(c) to ensure a fair and competitive of produce.".
_______________
Farm Produce Wholesale (Amendment) Act 1996
Act No. 40/1996 s. 23
PART 4—TRANSITIONAL ARRANGEMENTS AND REPEAL
23. Repeal of Farm Produce Wholesale Act 1990
The Farm Produce Wholesale Act 1990 is repealed.
24. Transitional and savings provisions
(1) Any reference in any indemnity lodged under
section 21 of the Farm Produce Wholesale Act amounts under the indemnity is deemed to be a reference to the Melbourne Market Authority.
1990 before the commencement of section 5 of
this Act to the Department of Agriculture and
(2) Despite section 23, if a determination under
1990 could have been made in respect of the
pecuniary loss of a producer and the Melbournesection 22 of the Farm Produce Wholesale Act that loss before 30 June 1998, the Authority may make such a determination and certify the loss as if it were the Registrar under and subject to that Act as in force immediately before its repeal.
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Farm Produce Wholesale (Amendment) Act 1996
| Notes | Act No. 40/1996 |
NOTES
†
Minister's second reading speech—
Legislative Council: 26 June 1996
Legislative Assembly: 10 October 1996
The long title for the Bill for this Act was "to repeal the Farm Produce
Wholesale Act 1990 and to make interim arrangements for the
administration of that Act by the Melbourne Market Authority until its
repeal, to make consequential amendments to the Melbourne Market
Authority Act 1977 and for other purposes."
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