MELBOURNE MARKET AUTHORITY ACT 1977

Victorian Consolidated Legislation

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MELBOURNE MARKET AUTHORITY ACT 1977 - NOTES

No. 8993 of 1977
Version incorporating amendments as at 15 February 2008

ENDNOTES

1. General Information
The Melbourne Market Authority Act 1977 was assented to on 10 May 1977 and came into operation as follows:
Sections 1-4, 7-25, 39-46, 48 on 22 June 1977: Government Gazette 22 June 1977 page 1712; sections 5, 6, 26, 38, 47, 49 on 1 April 1978: Government Gazette 8 March 1978 page 583; sections 30, 31, 35-37 on 1 November 1978: Government Gazette 1 November 1978 page 3416; sections 27-29, 32-34 on 1 April 1978: see section 6 of Act No. 9194 and Government Gazette 21 December 1977 page 3966.
The name of this Act was changed from the Melbourne Wholesale Fruit and Vegetable Market Trust Act 1977 to the Melbourne Market Authority Act 1977 by section 4 of the Melbourne Wholesale Fruit and Vegetable Market Trust (Amendment) Act 1993, No. 127/1993.
2. Table of Amendments
This Version incorporates amendments made to the Melbourne Market Authority Act 1977 by Acts and subordinate instruments.
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Melbourne Wholesale Fruit and Vegetable Market Trust (Licences) Act 1978, No. 9095/1978
Assent Date:
26.4.78
Commencement Date:
26.4.78
Current State:
All of Act in operation
Melbourne Wholesale Fruit and Vegetable Market Trust (Amendment) Act 1978, No. 9194/1978
Assent Date:
5.12.78
Commencement Date:
5.12.78
Current State:
All of Act in operation
Statute Law Revision (Repeals) Act 1982, No. 9863/1982
Assent Date:
5.1.83
Commencement Date:
5.1.83
Current State:
All of Act in operation
Supreme Court Act 1986, No. 110/1986
Assent Date:
16.12.86
Commencement Date:
1.1.87: s. 2
Current State:
All of Act in operation
Conservation, Forests and Lands Act 1987, No. 41/1987
Assent Date:
19.5.87
Commencement Date:
S. 103(Sch. 4 items 46.1, 46.2) on 1.7.87: Government Gazette 24.6.87 p. 1694
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977
Agricultural Acts (Further Amendment) Act 1987, No. 68/1987
Assent Date:
24.11.87
Commencement Date:
Ss 37, 39 on 24.11.87: s. 2(1); s. 38 on 25.11.87: Government Gazette 25.11.87 p. 3215; s. 40 on 1.9.94: Government Gazette 1.9.94 p. 2338
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977
Local Authorities Superannuation Act 1988, No. 23/1988
Assent Date:
17.5.88
Commencement Date:
S. 61(11) on 25.5.88: Government Gazette 25.5.88 p. 1458
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977

Agricultural Acts (Amendment) Act 1988, No. 35/1988
Assent Date:
24.5.88
Commencement Date:
Ss 19, 21 on 1.6.88: Government Gazette 1.6.88 p. 1486; ss 20, 22, 23 on 1.7.92: Government Gazette 24.6.92 p. 1532
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977
Agricultural Acts (Miscellaneous Amendments) Act 1989, No. 8/1989
Endnotes
Assent Date:
9.5.89
Commencement Date:
S. 10(8) on 9.5.89: s. 2(3)
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977
Local Government (Consequential Provisions) Act 1989, No. 12/1989
Assent Date:
9.5.89
Commencement Date:
S. 4(1) on 1.11.89: Government Gazette 1.11.89 p. 2798; Sch. 2 items 78.1-78.3 on 1.10.92: Government Gazette 23.9.92 p. 2789
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977
Transfer of Land (Computer Register) Act 1989, No. 18/1989
Assent Date:
16.5.89
Commencement Date:
3.2.92: Government Gazette 18.12.91 p. 3488
Current State:
All of Act in operation
Agriculture Acts (General Amendment) Act 1989, No. 72/1989
Assent Date:
28.11.89
Commencement Date:
Ss 14, 15 on 20.12.89: Government Gazette 20.12.89 p. 3288
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977
Farm Produce Wholesale Act 1990, No. 63/1990
Assent Date:
20.11.90
Commencement Date:
1.2.91: Government Gazette 19.12.90 p. 3746
Current State:
All of Act in operation
Melbourne Wholesale Fruit and Vegetable Market Trust (Amendment) Act 1993, No. 127/1993
Assent Date:
14.12.93
Commencement Date:
Pt 1 (ss 1-3) on 14.12.93: s. 2(1); Pts 2, 3 (ss 4-17) on 21.12.93: Special Gazette (No. 95) on 21.12.93 p. 1
Current State:
All of Act in operation

Financial Management (Consequential Amendments) Act 1994, No. 31/1994
Assent Date:
31.5.94
Commencement Date:
S. 4(Sch. 2 item 52) on 1.1.95: Government Gazette 28.7.94 p. 2055
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977
Farm Produce Wholesale (Amendment) Act 1996, No. 40/1996
Endnotes
Assent Date:
12.11.96
Commencement Date:
Ss 21, 22 on 31.12.96: Government Gazette 19.12.96 p. 3252
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977
Audit (Amendment) Act 1997, No. 93/1997
Assent Date:
16.12.97
Commencement Date:
S. 28(Sch. item 19) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date:
26.5.98
Commencement Date:
S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977
Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998
Assent Date:
10.11.98
Commencement Date:
S. 24 on 15.12.98: s. 2(5)
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 82) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001
Assent Date:
8.5.01
Commencement Date:
S. 3(Sch. item 48) on 1.6.01: s. 2(2)
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977

Fisheries (Amendment) Act 2003, No. 56/2003
Endnotes
Assent Date:
16.6.03
Commencement Date:
S. 11(Sch. item 11) on 17.6.03: s. 2
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977
Public Administration Act 2004, No. 108/2004
Assent Date:
21.12.04
Commencement Date:
S. 117(1)(Sch. 3 item 130) on 5.4.05: Government Gazette 31.3.05 p. 602
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977
Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006
Assent Date:
10.10.06
Commencement Date:
S. 26(Sch. item 67) on 11.10.06: s. 2(1)
Current State:
This information relates only to the provision/s amending the Melbourne Market Authority Act 1977
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3. Explanatory Details

1 Pt 2 (ss 4-13A): Part 3 (sections 11-17) of the Melbourne Wholesale Fruit and Vegetable Market Trust (Amendment) Act 1993, No. 127/1993 read as follows:
PART 3-TRANSITIONAL
11. Definitions
In this Part-
appointed day means the day on which this Part comes into operation;
Authority means the Melbourne Market Authority established by Part II of the Principal Act as amended by this Act;
Trust means the Melbourne Wholesale Fruit and Vegetable Market Trust established by the Principal Act as in force before the appointed day;
Trust instrument means an instrument (including debentures and stock issued by the Trust under this Act and a legislative instrument other than this Act) subsisting immediately before the appointed day-
(a) to which the Trust was a party; or
(b) that was given to or in favour of the Trust; or
(c) that refers to the Trust; or
(d) under which-
(i) money is, or may become, payable to or by the Trust; or
(ii) other property is to be, or may become liable to be, transferred to or by the Trust.
12. Authority to be successor in law of Trust
On the appointed day-
(a) all property and rights of the Trust vest in the Authority;
(b) all liabilities of the Trust become liabilities of the Authority;
(c) the Authority becomes the successor in law of the Trust;
(d) the Trust is dissolved.
13. Trust instruments
Each Trust instrument continues to have effect according to its tenor on and after the appointed day as if a reference in the instrument to the Trust were a reference to the Authority.
14. Proceedings
If, immediately before the appointed day, proceedings (including arbitration proceedings) to which the Trust was a party were pending or existing in any court or tribunal, then, on and after the appointed day, the Authority is substituted for the Trust as a party to proceedings and has the same rights in the proceedings as the Trust had.
15. Interests in land
If, immediately before the appointed day, any land subject to the Transfer of Land Act 1958 was vested in the Trust, that land vests in the Authority, subject to the conditions, covenants, encumbrances, limitations, exceptions, reservations and restrictions to which the land was subject immediately before its vesting under this section.

16. Evidence
(1) Documentary or other evidence that would have been admissible for or against the interests of the Trust if this Act had not been passed, is admissible for or against the interests of the Authority.
(2) Division 3A of Part III of the Evidence Act 1958 continues to apply with respect to the books of account of the Trust and to entries made in those books of account before the appointed day.
(3) In subsection (2), books of account has the same meaning as in Division 3A of Part III of the Evidence Act 1958.
17. Staff
(1) On the appointed day, a person who, immediately before that day, was a member of the staff appointed by the Trust, becomes a member of the staff of the Authority.
(2) A person who becomes a member of the staff of the Authority under subsection (1)-
(a) is a member of the staff of the Authority with remuneration no less than the person was receiving or was entitled to receive as a member of the staff of the Trust immediately before the appointed day, and on terms and conditions no less favourable than those of the person's appointment by the Trust; and
(b) continues to have the benefit of all entitlements (including all entitlements arising from recognition of prior service with other bodies) accrued in respect of the person's appointment by the Trust before the appointed day.

Melbourne Market Authority Act 1977
No. 8993 of 1977