Melbourne Market Authority Act 1977

The central concept in the Act is the Melbourne Market Authority, a body corporate that holds and manages the market land and operates the Melbourne Wholesale Fruit, Vegetable and Flower Market (s 4, s 6). The Authority is not a government department; it has its own legal personality, can hold property, enter contracts, borrow, and invest (s 4(2), s 14(4)). Its composition is small: between three and five members appointed by the Minister, having regard to their capacity to achieve the Authority’s objects and with appropriate qualifications or experience (s 9). Members hold office for up to three years and may be removed by the Minister at any time (s 10(1)(a), (4)). The chairperson is appointed by the Minister from among the members (s 11). A chief executive officer may be appointed for up to five years (s 13B). The Authority’s staff are engaged on terms determined by the Authority (s 13C).

Another key concept is market land. This is defined as the land in Schedule 3 (Epping land, being Certificates of Title Volume 11575 Folio 183 and Volume 11575 Folio 184) and any additional land declared by notice under section 34 (s 3). The Act imposes a mandatory use requirement: the Authority must use the market land at all times as a site for a market (s 26(1)). However, it may permit parts to be used for associated purposes if that does not interfere with or detract from the market use (s 26(2)). The market land is also deemed a public place for certain purposes under the Summary Offences Act 1966 (s 3A).

The objects of the Authority (s 5) are a fundamental concept: commercial viability, optimisation of returns, and ensuring a fair and competitive wholesale trading environment. These objects guide the Authority’s functions and powers. The Act also establishes the concept of advisory committees (s 13D), which are mandatory bodies representing wholesalers, growers, retailers, and the flower industry. The Authority must consult each committee at least four times per year, and the committees consist of five members appointed from industry panels and public nominations (s 13D(3)-(4)).

Financial concepts include the dividend payable to the State (s 19A), the borrowing limit fixed by the Minister with the Treasurer’s approval (s 17), and the sinking fund required for certain loans (s 22). The concept of inscribed stock called “Melbourne Wholesale Fruit, Vegetable and Flower Market Inscribed Stock” is created for borrowing purposes (s 21(3)(b)). Debentures and stock are charged on the Authority’s revenues and are guaranteed by the Victorian Government (s 21(4)(a), (6)). The Act also creates a mechanism for the appointment of a receiver by the Supreme Court if principal or interest remains unpaid for three months after demand (s 24).

The by-law concept is important: the Authority may make by-laws with the Minister’s approval covering entry, use, trading times, and presence on the market land, with penalties up to 20 penalty units (s 38(1)-(2)). By-laws automatically expire after ten years (s 38A(6)). The Act also introduces the infringement notice concept as an alternative to prosecution (s 38(3)).

Transitional provisions in Part V address the original transfer of the market from the Council of the City of Melbourne to the Trust (now Authority), including a Finance Committee, agreements or Orders in Council to apportion assets and liabilities, and the transfer of employees with preserved remuneration and superannuation rights (ss 40-46). Section 47 contains a transitional provision for the 2019 amendments, providing that references to the “Melbourne wholesale fruit and vegetable market” in other Acts or documents are taken to refer to the “Melbourne Wholesale Fruit, Vegetable and Flower Market” after the commencement of section 77 of the amending Act.

The primary entities affected by the Act are the Melbourne Market Authority itself and its members, officers, and employees. The Authority is the central body established by the Act, and its members are subject to appointment, removal, and disqualification provisions under sections 9, 10, and 12. The chief executive officer and staff are also directly affected (s 13B, s 13C).

Lessees, tenants, permittees and licensees of land within the market land are significantly affected. The Act empowers the Authority to grant leases, tenancies, permits and licences on such terms as the Authority determines (s 7(2)(a)). Critically, section 35 provides that every lease, tenancy, permit or licence granted by the Authority is subject to a condition that the Authority may terminate it by notice in writing if the holder contravenes the Act, the by-laws, or the terms or conditions of their grant. The termination takes effect 14 days after the notice, unless the holder makes written application to the Minister within seven days giving reasons why the termination should not occur, and the Minister considers it reasonable to grant the request. This termination power overrides any contrary provision in the lease or licence (s 35(1)-(2)).

Persons entering the market land are affected by by-laws made under section 38. By-laws may regulate entry, prescribe times for trading and presence, require persons entering with fruit, vegetables or other commodities to give particulars, and generally control use of the market land (s 38(1)). Contravention of by-laws can lead to penalties not exceeding 20 penalty units (s 38(2)), and infringement notices may be issued (s 38(3)).

Wholesalers, growers, retailers, and flower industry participants are affected through the advisory committee structure under section 13D. Industry organisations are entitled to submit panels of names for committee appointment, and the Authority must consult these committees at least four times a year. This gives these groups a consultative role in the Authority’s operations.

The Minister for Agriculture (or relevant portfolio) and the Treasurer are affected as the key government figures overseeing the Authority. The Minister gives directions, approves by-laws, sanctions contracts over $750,000, and appoints members (ss 8, 9, 20, 38). The Treasurer approves overdraft limits, borrowing, investment, and determines the dividend (ss 16, 17, 14(4), 19A).

The State of Victoria is affected because the Authority’s borrowings are guaranteed by the Government of Victoria (s 16(2), s 21(6)), and the Authority must pay a dividend to the State (s 19A).

Creditors and debenture holders are affected by the charging and repayment provisions. Debentures and stock are charged on the Authority’s revenues, and in default a receiver may be appointed by the Supreme Court (s 24). The Act also provides for the investment of trust funds in Authority securities (s 23(1)).

Local government is affected by the rating exemption in section 32. The Authority is deemed a public statutory body, and the market land (except leased parts used for business purposes) is deemed land used exclusively for public purposes, thus exempt from rates under the Local Government Act 1989.

Former employees of the City of Melbourne who transferred to the Trust under Part V were affected by provisions preserving remuneration and superannuation rights (s 46). While those transitional provisions are now historical, they remain part of the Act’s text.

Persons carrying on business in movable stalls on the market land for part of the week are deemed not to be carrying on a business for profit for rating purposes (s 32(2)).

The Act imposes several key duties on the Melbourne Market Authority. The Authority must use the market land at all times as a site for a market, with only limited associated uses permitted (s 26(1)-(2)). It must maintain at least one account with an authorised deposit-taking institution and pay all moneys into that account (s 14(1)-(2)). The Authority must apply its moneys only in payment of costs and expenditure under the Act, though it may invest with Treasurer approval (s 14(3)-(4)). It must pay a dividend to the State as determined by the Treasurer (s 19A). Before entering a contract with consideration exceeding $750,000, the Authority must submit particulars to the Minister, and such a contract has no force unless sanctioned by the Minister (s 20(1)-(2)). The Authority must also establish at least four advisory committees and consult each not less than four times a year (s 13D(1), (3)). It must ensure minutes of its meetings are kept (s 13A(5)). The Authority must provide the Minister with requested information, reports and documents (s 8(2)). If a sinking fund is required for a loan, the Authority must invest it as directed by the Treasurer (s 22). After making a by-law, the Authority must publish a notice in the Government Gazette, post the by-law at a convenient place in the market land, and make copies available for inspection and purchase (s 38A(1)-(2)).

Members of the Authority have duties: they must not be absent from four consecutive meetings without the Minister’s prior consent, or their office becomes vacant (s 10(2)(c)). They must also disclose potential conflicts (though not explicitly stated, this is implicit in the general law and the Public Administration Act 2004 which applies to members (s 10(6))). The chairperson must preside at meetings unless absent (s 13A(2)).

The Minister has duties: to appoint members and the chairperson (ss 9, 11), to consider applications from lessees or licensees seeking to prevent termination under s 35(2), to approve by-laws (s 38(1)), and to sanction contracts over $750,000 (s 20(2)). The Minister may also give specific written directions to the Authority (s 8(1)(b)).

The Treasurer has duties: to approve overdraft limits, borrowing, investment, and to determine the dividend (ss 16, 17, 14(4), 19A). The Treasurer also directs sinking fund investments (s 22).

Lessees, tenants, permittees and licensees have the right to apply to the Minister within seven days of receiving a termination notice, giving reasons why the lease should not be terminated (s 35(2)). The Minister must then consider whether it is reasonable to grant the request. They also have the right to use the premises subject to the terms and conditions of their grant and the Act.

Advisory committees have the right to be consulted at least four times per year (s 13D(3)), and to have their chairperson appointed by the Authority (s 13D(6)). They may regulate their own proceedings subject to the Act and Authority directions (s 13D(7)).

Members of the public have the right to inspect by-laws at the Authority’s office during office hours and purchase copies (s 38A(2)). They also have the right to be informed that a person cannot be convicted of a by-law offence if the Authority did not comply with publication or availability requirements, unless reasonable steps were taken to bring the by-law to the notice of persons likely to be affected (s 38A(4)-(5)).

Debenture holders and stock owners have the right to apply to the Supreme Court for a receiver if principal or interest remains unpaid three months after demand (s 24(1)). They also have the right to have their securities charged on the Authority’s revenues (s 21(4)(a)), and the State guarantee backs those securities (s 21(6)).

Trustees and companies have the right to invest trust funds or authorised moneys in the Authority’s debentures or stock (s 23(1)-(2)). The Authority is not to receive notice of any trust in relation to such securities (s 23(4)).

The Authority itself has the right to terminate leases, tenancies, permits or licences on breach (s 35(1)), and to make by-laws regulating the market land (s 38). It may also establish additional advisory committees beyond the mandatory four (s 13D(2)). It may execute leases for ten years or less without Ministerial approval (s 7(3)).

The Act provides for penalties primarily through the by-law mechanism. Section 38(2) states that the by-laws may impose penalties not exceeding 20 penalty units for a contravention of the by-laws. As at 2025, a penalty unit in Victoria is $197.50 (under the Monetary Units Act 2004), so 20 penalty units equals $3,950. The by-laws may also provide for an alternative to prosecution by way of infringement notices specifying a fixed penalty (s 38(3)). If the by-law includes an infringement notice scheme, it must specify the amount of the fixed penalty, the form of the notice, who may issue it, to whom payment may be made, and the period within which the fixed penalty must be paid to avoid prosecution (s 38(3)(a)-(e)). The infringement notice itself must specify the alleged offender’s name, the nature of the offence in general terms, the date, time and place, the fixed penalty amount, the period and place for payment, and that the alleged offender may disregard the notice and defend the prosecution (s 38(4)).

No other criminal penalties are specified in the Act itself for breaches of its substantive provisions. The only penalty provision is for by-law contraventions. However, the Act does provide for enforcement of its civil obligations. For example, if the Authority fails to pay principal or interest on debentures or stock, the holder or registered owner may, after three months from the due date and after written demand, apply to the Supreme Court for the appointment of a receiver (s 24(1)). The receiver may collect and receive the whole or any part of the Authority’s revenues until the amount is paid, and may exercise all or any of the Authority’s powers (s 24(2), (4)(c)). The receiver is an officer of the Supreme Court (s 24(3)). This is a powerful enforcement mechanism for creditors.

The Act also provides for the invalidity of certain actions. A contract made by the Authority with consideration exceeding $750,000 has no force unless sanctioned by the Minister (s 20(2)). This means such a contract is unenforceable if not sanctioned. Similarly, a lease, tenancy, permit or licence may be terminated by the Authority if the holder contravenes the Act, by-laws, or terms and conditions (s 35(1)). The termination takes effect 14 days after notice, unless the holder successfully applies to the Minister within seven days (s 35(2)). This termination power is a form of enforcement without requiring court proceedings, though it may be subject to judicial review.

Proceedings for offences against the Act or by-laws may be taken by the Authority or by any member, officer or employee authorised by the Authority, either generally or in a particular case (s 36). This means the Authority can prosecute by-law offences directly, without requiring the involvement of the Office of Public Prosecutions, though it may choose to brief them.

The Act provides evidentiary presumptions in legal proceedings relating to the market: no proof is required of the fact that the market is established, of the Authority’s title to the market or market land, or of the situation of the market, until evidence is given to the contrary (s 37). This shifts the burden to the defendant to raise an issue.

For by-laws, a person cannot be convicted of an offence if it is proved that the Authority did not comply with the publication or availability requirements of section 38A(1)-(2), unless it is proved that reasonable steps had been taken to bring the general purport of the by-law to the notice of persons likely to be affected (s 38A(4)). Similarly, a person cannot be prejudicially affected by a by-law if those requirements were not met, subject to the same exception (s 38A(5)). This provides a defence for those charged with by-law offences.

No specific penalty is provided for failure to comply with ministerial directions under s 8, though this could potentially be enforced through administrative law remedies such as mandamus, or through the Minister’s power to remove members under s 10(4). The Act does not create a criminal offence for directors of the Authority who fail to comply with their duties, but the general law on directors’ duties (fiduciary duties, care and diligence) applies to Authority members as members of a statutory body corporate, and the Public Administration Act 2004 applies to them under s 10(6) (other than Part 3).

The Melbourne Market Authority Act 1977 interacts with several other Victorian statutes. First, the Summary Offences Act 1966 is referenced in section 3A, which provides that 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 that Act. This means that provisions of the Summary Offences Act relating to public places (such as disorderly conduct, offensive language, etc.) apply to the market land as if it were a public place, even though it may be owned by a statutory authority.

The Local Government Act 1989 is relevant through section 32. Under that section, the Authority is deemed to be a public statutory body, and the market land (except parts leased for business purposes) is deemed to be land used exclusively for public purposes. This gives the Authority an effective exemption from council rates under section 154 of the Local Government Act 1989. The deeming provisions in section 32 override any factual assessment that a particular use might otherwise be rateable.

The Crown Land (Reserves) Act 1978 is referenced in section 4(2)(e)(i), which requires the consent of the Minister administering section 4 of that Act before the Authority may purchase or acquire Crown land. This means any acquisition of Crown land requires dual approval from both the Governor in Council and the relevant Crown land Minister.

The Public Administration Act 2004 applies to members of the Authority under section 10(6), but Part 3 of that Act (which deals with code of conduct for public officials) is specifically excluded. This means members are subject to other parts of the Public Administration Act, such as provisions on conflict of interest, but not the code of conduct provisions in Part 3. The Banking Act 1959 of the Commonwealth is referenced in sections 14(1) and 16(1) for the definition of “authorised deposit-taking institution.” This means any bank or other institution the Authority deals with must be authorised under Commonwealth legislation.

The Summary Offences Act 1966 is also relevant for by-law enforcement if offences overlap. The Act itself provides in section 38 for by-laws with penalties up to 20 penalty units. If a by-law offence also constitutes an offence under the Summary Offences Act, the Authority could choose which to proceed under, subject to double jeopardy principles.

The Local Authorities Superannuation Act 1988 is referenced in section 46(4)(d) and (7), for the transitional employee provisions. Employees who transferred to the Trust and who were previously under the City of Melbourne Officers’ Superannuation Fund are deemed not to be employees of the Trust under the Local Authorities Superannuation Act, while those who did not elect the Trust’s retirement scheme are deemed to be employees under that Act (s 46(11)).

The Farm Produce Merchants and Commission Agents Act 1965 was amended by this Act (see long title), and the Road Traffic Act 1958 and Land Tax Act 1958 were also amended, though the specific amendments are not detailed in the source text.

The Act also interacts with the Supreme Court Act 1986 through section 24, which gives the Supreme Court jurisdiction to appoint a receiver in case of default on debentures or stock. The Supreme Court also has a role in clause 7 of Schedule 1 (lost or destroyed debentures) and clause 8 (stop orders on stock).

The Primary Industries Legislation Amendment Act 2019 made significant amendments to this Act, including changing references from “Melbourne wholesale fruit and vegetable market” to “Melbourne Wholesale Fruit, Vegetable and Flower Market” and adding cut flowers to the Authority’s functions (ss 6, 7, 15, 47). The Melbourne Wholesale Fruit and Vegetable Market Trust (Amendment) Act 1993 restructured the Act, replacing the Trust with the Authority and adding the objects, functions, and corporate governance provisions.

The Project Development and Construction Management Act 1994 is relevant as noted in endnote 1: an Order under that Act divested land from the Authority to the Crown in 2017, removing certain land from the definition of market land. Additionally, the Interpretation of Legislation Act 1984 applies to style changes, headings, examples, and punctuation (see endnotes).

The Melbourne Market Authority Act 1977 (originally the Melbourne Wholesale Fruit and Vegetable Market Trust Act 1977) has been amended by numerous Acts since its enactment. The following is a chronological summary of significant amendments based on the endnotes and table of amendments.

The Act was assented to on 10 May 1977. Its provisions commenced at different dates: sections 1-4, 7-25, 39-46, and 48 on 22 June 1977; sections 5, 6, 26, 38, 47, and 49 on 1 April 1978; sections 30, 31, and 35-37 on 1 November 1978; sections 27-29 and 32-34 on 1 April 1978. The initial structure established the Melbourne Wholesale Fruit and Vegetable Market Trust (long title).

In 1978, two amending Acts were passed: the Melbourne Wholesale Fruit and Vegetable Market Trust (Licences) Act 1978 (No. 9095) and the Melbourne Wholesale Fruit and Vegetable Market Trust (Amendment) Act 1978 (No. 9194), both commencing on their assent dates of 26 April 1978 and 5 December 1978 respectively.

The Statute Law Revision (Repeals) Act 1982 (No. 9863) repealed some provisions. The Supreme Court Act 1986 (No. 110/1986) amended references to the Supreme Court. The Conservation, Forests and Lands Act 1987 (No. 41/1987) made minor amendments to schedules.

More substantially, the Agricultural Acts (Further Amendment) Act 1987 (No. 68/1987) amended sections 37, 39, and 40 with varying commencement dates. The Agricultural Acts (Amendment) Act 1988 (No. 35/1988) inserted sections 24A (regulations) and 38A (further provisions as to by-laws), amended the definition of “prescribed,” and made other changes, with those sections commencing on 1 July 1992.

The Agricultural Acts (Miscellaneous Amendments) Act 1989 (No. 8/1989) amended the Finance Committee membership. The Local Government (Consequential Provisions) Act 1989 (No. 12/1989) amended section 32 and repealed section 33, with effect from 1 October 1992. The Transfer of Land (Computer Register) Act 1989 (No. 18/1989) amended section 42 and repealed Schedule 2. The Agriculture Acts (General Amendment) Act 1989 (No. 72/1989) amended sections 14 and 15.

The most significant restructuring came with the Melbourne Wholesale Fruit and Vegetable Market Trust (Amendment) Act 1993 (No. 127/1993). This Act changed the name of the Act to the Melbourne Market Authority Act 1977, replaced the Trust with the Melbourne Market Authority, inserted new Part II (sections 4-13D) establishing the Authority’s objects, functions, powers, membership, and advisory committees, and made consequential amendments throughout. It also inserted section 19A requiring the Authority to pay a dividend to the State, and repealed sections 27-31 (former provisions on market land use). Parts 2 and 3 commenced on 21 December 1993.

The Financial Management (Consequential Amendments) Act 1994 (No. 31/1994) repealed section 19 (old financial provision) with effect from 1 January 1995. The Farm Produce Wholesale (Amendment) Act 1996 (No. 40/1996) amended section 5 (inserting new object (c)) and inserted section 3A (market a public place). The Audit (Amendment) Act 1997 (No. 93/1997) amended Schedule 1.

The Public Sector Reform (Miscellaneous Amendments) Act 1998 (No. 46/1998) amended various provisions including section 10 (applying Public Administration Act 2004). The Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998 (No. 76/1998) amended the Finance Committee membership.

The Statute Law Revision Act 2000 (No. 74/2000) made numerous minor amendments. The Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001 (No. 11/2001) updated references to banks. The Fisheries (Amendment) Act 2003 (No. 56/2003) amended the Finance Committee. The Public Administration Act 2004 (No. 108/2004) made consequential amendments. The Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006 (No. 80/2006) made a minor amendment.

The Powers of Attorney Act 2014 (No. 57/2014) amended Schedule 1 clause 6(2) with effect from 1 September 2015. The most recent major amendments came through the Primary Industries Legislation Amendment Act 2019 (No. 40/2019). This Act changed references from “Melbourne wholesale fruit and vegetable market” to “Melbourne Wholesale Fruit, Vegetable and Flower Market,” added cut flowers to the market, repealed former Schedule 2, inserted new Schedule 3 (Epping land), and made numerous other amendments to sections 3, 6, 7, 15, 18, 20, 21, 26, 34, 35, 37, 38, 47, and schedules. It also revoked a 1998 notice enlarging market land. Finally, the Statute Law Revision Act 2025 (No. 41/2025) amended section 40(2)(c) on 22 October 2025.

The source text of the Act itself does not contain any references to specific court cases or litigation history. The Act as provided includes only the statutory provisions, endnotes about commencement and amendments, and explanatory details about land divestments. There is no section or schedule listing decided cases. Therefore, any discussion of litigation history cannot be based on the source.

However, based on the structure of the Act, one can identify areas where litigation might have occurred. The termination power in section 35 could generate disputes if a lessee or licensee challenges the Authority’s decision to terminate. The seven-day application to the Minister under section 35(2) provides an internal review mechanism, but if the Minister refuses, the decision could be subject to judicial review under the Administrative Law Act 1978 or common law principles. The threshold for “contravention” could be litigated.

The contract sanction requirement in section 20 provides that contracts over $750,000 have no force unless sanctioned by the Minister. Disputes could arise if the Authority enters an unsanctioned contract and the other party seeks to enforce it. The section does not allow for retrospective sanction, so the contract is void. This could lead to claims of unjust enrichment or restitution.

The borrowing and guarantee provisions in sections 16, 17, and 21 could generate litigation if the State attempted to avoid the guarantee. However, those sections make the guarantee statutory (s 16(2), s 21(6)), so it is likely enforceable regardless of the Authority’s actions.

The receiver mechanism in section 24 is a form of enforcement that might be rarely used but could be litigated if a debenture holder applies and the Authority opposes.

By-law offences under the Act could be prosecuted, and the defences in section 38A (non-publication) could be raised. Any conviction could be appealed.

The definition of “market land” has been the subject of administrative changes (see endnotes 1 and 2: divestment by Order, revocation of enlargement notice, and cessation of West Melbourne land). These could generate disputes about title or the scope of the Authority’s powers.

The objects clause (s 5) and the duty to use the market land as a site for a market (s 26) could be the basis for proceedings if a third party argued the Authority was acting outside power. For example, if the Authority permitted a use that detracted from the market, an affected stakeholder might seek injunctive relief.

Because the source does not provide any case names, decisions, or references to litigation, no specific cases can be cited. The Act itself does not refer to any prior judicial interpretation.

Several provisions in the Act may create traps for the unwary.

Section 35 termination power. Every lease, tenancy, permit or licence granted by the Authority is automatically subject to a condition that the Authority may terminate it on breach. This condition applies “notwithstanding anything to the contrary” in the grant (s 35(1)). The lessee has only seven days from the notice to apply to the Minister to prevent termination (s 35(2)). If no application is made, the lease terminates 14 days after the notice. This is a very short window for response. Furthermore, the Minister’s decision is discretionary and there is no appeal mechanism in the Act, only judicial review.

Section 20 contract sanction. Any contract with consideration exceeding $750,000 has no force or effect unless sanctioned by the Minister (s 20(2)). This is a strict condition precedent. The Authority must submit particulars to the Minister before entering the contract (s 20(1)). A contractor relying on an unsanctioned contract may find it is void and unenforceable, even if the Authority has acted in good faith. There is no saving provision for part performance. Note that this applies to “contract” broadly, not just leases.

Section 7(3) exception for leases of 10 years or less. The Authority does not need Ministerial approval for grants of leases, tenancies, permits or licences for a term of 10 years or less. However, if the term exceeds 10 years, Ministerial approval under s 4(2)(e)(ii) is required. A lease expressed as 10 years with an option to renew for a further term could be structured to avoid the need for approval, but careful drafting is needed.

By-law automatic revocation after 10 years. Under s 38A(6), a by-law is revoked on the day that is 10 years after the earliest day on which any provision of the by-law came into operation. This applies to by-laws as amended, so the amending by-law revokes the principal by-law regardless of when the amendments came into operation (s 38A(7)). A person relying on a by-law that is over 10 years old may find it has no legal effect. The Authority must renew by-laws before they expire, or risk a gap in regulation.

Defence to by-law offences if publication requirements not met. Section 38A(4) provides that a person cannot be convicted of a by-law offence if the Authority did not publish a notice in the Government Gazette or post the by-law at a convenient place, unless the prosecution proves that reasonable steps were taken to bring the by-law to the notice of persons likely to be affected. Similarly, a person cannot be prejudicially affected by a by-law if a copy was not available for inspection or purchase (s 38A(5)). This means a person may successfully challenge a by-law enforcement action if the Authority was sloppy in its publication.

Definition of market land. The market land is defined in section 3 by reference to Schedule 3 (Epping land) and any land declared by notice under section 34. The Epping land is described by Certificates of Title, but the plan in Schedule 3 is a graphical representation. The precise boundaries require reference to the deposited plan. Additionally, land at West Melbourne ceased to be market land under the 2019 amendments (see endnote 2). A person who believed they were dealing with market land at the old Footscray Road site may find it is no longer part of the Authority’s jurisdiction.

Section 26 use restriction. The Authority must use the market land at all times as a site for a market (s 26(1)). It may permit associated uses only if they do not “interfere with or detract from” the market use (s 26(2)). This imposes a qualitative restriction: any development or activity that could undermine the primary market purpose may be outside power. This could affect applications for non-market commercial operations, such as large retail stores or entertainment venues on the land.

Receivership application threshold. Under section 24, a debenture holder may apply to the Supreme Court for a receiver only if principal or interest remains unpaid three months after it became due “and after demand in writing.” The three-month period runs from when it became due, not from the demand. A debenture holder must have made a written demand and then wait the full three months from the due date, not from the demand. If the due date passes and no demand is made, the three months still runs from the due date.

Rating exemption limited. The exemption from rates under section 32 applies only to land not leased or occupied for business purposes by a person other than the Authority. If a part is leased to a commercial tenant, that part may be rateable. The interaction with the Local Government Act 1989 requires careful assessment.

Finance Committee obsolete. Part V (s 40) establishes a Finance Committee for the original transfer from the Council. This committee is likely defunct, but remains in the Act. A party relying on it may find it is no longer operational.

Compliance with the Melbourne Market Authority Act 1977 depends on the entity’s role. For the Authority itself, compliance requires the following steps. The Authority must ensure it has between three and five members appointed by the Minister, with appropriate qualifications (s 9). It must appoint a chairperson from among the members (s 11). Meetings must be held at times and places determined, with a quorum of a majority of members currently in office (s 13A(1), (3)). Minutes must be kept (s 13A(5)). The Authority must establish and consult with the four mandatory advisory committees at least four times per year (s 13D(1), (3)). It must appoint a chief executive officer for a term not exceeding five years, and may engage staff (s 13B, s 13C). Financially, the Authority must maintain at least one account with an authorised deposit-taking institution, pay all moneys into that account, and apply moneys only for statutory purposes (s 14). It must pay a dividend to the State as determined by the Treasurer (s 19A). Before entering contracts over $750,000, it must submit particulars to the Minister and obtain sanction (s 20). It must not borrow beyond the limit fixed by the Minister (s 17). It must maintain the market land as a market site, permitting only associated uses that do not interfere with or detract from that use (s 26). It must hold the common seal in safe custody and use only as authorised (s 4(4)). By-laws must be made with the Minister’s approval, published in the Government Gazette, posted at the market land, and made available for inspection and purchase (s 38, s 38A). The Authority must ensure by-laws are renewed before their ten-year expiry (s 38A(6)). It must also comply with any Ministerial directions and provide requested information (s 8).

For lessees, tenants, permittees and licensees, compliance requires careful attention to the terms of their grant and the Act. They must not contravene the Act, the by-laws, or the terms of their grant, as such contravention may result in termination by the Authority under s 35(1). If they receive a termination notice, they have only seven days to make a written application to the Minister with reasons why the lease should not be terminated (s 35(2)). They should therefore keep records of compliance and seek legal advice immediately if threatened with termination. They should also ensure they hold their interest for a term of 10 years or less if they want to avoid the need for Ministerial approval (noting s 7(3)), but this is the Authority’s obligation, not theirs. However, they should verify that the Authority has obtained any necessary approvals if the term exceeds 10 years, as a lease granted without approval may be void.

For suppliers and contractors entering contracts with the Authority, the key compliance point is section 20. Before signing a contract with consideration over $750,000, they must confirm that the Authority has submitted particulars to the Minister and obtained sanction. The contract is void if not sanctioned. They should request written confirmation from the Authority that the s 20 process has been completed. They should also ensure the Authority’s common seal is affixed to executed documents (s 4(4), (5)).

For persons entering the market land, compliance with by-laws is mandatory. Persons arriving with fruit, vegetables or other commodities may be required to give particulars to the Authority (s 38(1)(c)). They must abide by prescribed trading times and presence times (s 38(1)(d)-(e)). Breach may lead to a penalty of up to 20 penalty units, or an infringement notice (s 38(2)-(3)). They should check the current by-laws at the Authority’s office or on the market’s website (s 38A(2)). They can also rely on the defence that the by-law was not properly published or not available for inspection (s 38A(4)-(5)), but this is a defence after the fact, not a compliance strategy.

For advisory committee members, compliance involves ensuring they are appointed in accordance with section 13D(4): three from industry panels, two from public nominations. They hold office for three years and may be re-appointed (s 13D(5)). They should attend at least four meetings per year (s 13D(3)). The chairperson is appointed by the Authority (s 13D(6)).

For investors considering purchasing the Authority’s debentures or stock, they can rely on the provisions of Schedule 1 for transfer and registration procedures. They should note that the Authority’s revenues are charged for repayment, and the State guarantees repayment (s 21(4)(a), (6)). If default occurs, they may apply to the Supreme Court for a receiver after three months from due date and after written demand (s 24(1)). They are not bound to inquire into the application of the borrowed moneys (s 23(5)).

For the Minister and the Treasurer, compliance involves exercising powers under the Act in accordance with its terms. The Minister must appoint members with appropriate qualifications, consider applications under s 35(2), approve by-laws, and sanction contracts over $750,000. The Treasurer must approve overdraft limits, borrowing, investments, and determine the dividend.

For local councils, compliance with the rating exemption requires recognising that the market land is exempt from rates under section 32, but that any part leased for business purposes is not exempt. Councils should assess which parts are actually leased for business purposes and rate those accordingly. The Authority is deemed a public statutory body (s 32(1)(a)).