Victorian Consolidated Legislation

Melbourne Market Authority Act 1977 - SECT 41

Orders of Governor in Council in relation to transfer of market

41. Orders of Governor in Council in relation to transfer of market



(1) Where in consequence of the provisions of section 42 or the
recommendations of the Finance Committee approved under section 40, any
property income assets rights liabilities expenses or matters require to be
apportioned settled adjusted or determined-





   (a)  the Council and the Trust may make such agreement as is necessary for
        those purposes or any of them and such an agreement may provide-

   (i)  for the apportionment transfer or retention of any property income
        assets rights or liabilities;

   (ii) for the joint use of any property;

   (iii) for the payment of any expenses; or

   (iv) for the doing of any other matter or thing that may be necessary in
        consequence of those provisions or recommendations;

   (b)  the Governor in Council may from time to time by Order apportion
        settle adjust or determine any property income assets rights
        liabilities expenses or matters which have not been apportioned
        settled adjusted or determined by agreement duly made under this
        section and such an Order may provide for all or any of the matters or
        things for which an agreement between the Trust and the Council may
        provide but which have not been provided by such an agreement and may
        also provide for the apportionment between the Trust and the Council
        of all costs incurred in the making of any apportionment settlement
        adjustment or determination; and

   (c)  any apportionment settlement adjustment or determination made under
        this section shall be on a basis considered by the Trust and the
        Council or (as the case requires) by the Governor in Council to be
        just and proper having regard to all the circumstances of the case.

(2) An Order under this section-

   (a)  shall come into operation on the appointed day or on such later day as
        is specified in the Order;

   (b)  shall (where the circumstances so require) provide-

   (i)  for justice being done to any creditor of the Council; and

   (ii) for the settlement of any differences and the apportionment settlement
        adjustment or determination of any property income assets rights
        liabilities expenses or matters requiring to be apportioned settled
        adjusted or determined between the Trust and the Council in
        consequence of the exercise by the Governor in Council of any powers
        under this section; and

   (c)  shall (where the circumstances so require) direct the persons by whom
        and to whom any moneys found to be due are to be paid.

(3) An Order under this section shall be published in the Government Gazette
and upon being published shall have the like force and effect as if it were
expressly enacted in this Act.

(4) An Order under this section shall take effect according to its tenor and
may be amended revoked or replaced by another such Order.