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MELBOURNE MARKET AUTHORITY ACT 1977 - NOTES

Version No. 036

No. 8993 of 1977
Version incorporating amendments as at
17 December 2019

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Version No. 036

Melbourne Market Authority Act 1977

No. 8993 of 1977
Version incorporating amendments as at
17 December 2019

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Melbourne Market Authority Act 1977 was assented to on 10 May 1977 and came into operation as follows:

Sections 14, 725, 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, 3537 on 1 November 1978: Government Gazette 1 November 1978 page 3416; sections 27–29, 3234 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.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Melbourne Market Authority Act 1977 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

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

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 13) on 14.12.93: s. 2(1); Pts 2, 3 (ss 417) 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

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

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

Powers of Attorney Act 2014, No. 57/2014

Assent Date:

26.8.14

Commencement Date:

S. 157 on 1 .9.15: s. 2(2)

Current State:

This information relates only to the provision/s amending the Melbourne Market Authority Act 1977

Primary Industries Legislation Amendment Act 2019, No. 40/2019

Assent Date:

6.11.19

Commencement Date:

Ss 64, 66–69, 71–78 on 17.12.19: Special Gazette (No. 537) 17.12.19 p. 2

Current State:

This information relates only to the provision/s amending the Melbourne Market Authority Act 1977

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Amendments Not in Operation

Not updated for this publication.

    4     Explanatory details


[1] S. 3 def. of market land: An Order divesting land from the Melbourne Market Authority to the Crown was published in Special Gazette (No. 250) of 18 July 2017 at page 1. The Order reads as follows:

Project Development and Construction Management Act 1994

ORDER DIVESTING LAND FROM THE MELBOURNE MARKET AUTHORITY TO THE CROWN

Order in Council

The Governor in Council under section 18 of the Project Development and Construction Management Act 1994, on the recommendation of the Minister for Major Projects and the Minister for Agriculture under section 18(6) of that Act—

(a)     under section 18(1) of that Act, divests Melbourne Market Authority of its interest in the land described in Folio of the Register Volume 11121 Folio 803; and

(b)     under section 18(5) of that Act, makes the following amendments to the Melbourne Market Authority Act 1977 that are necessary because of the divestment of land under paragraph (a)—

(i)     in section 3, for paragraph (a) of the definition of market land substitute

‘(a)     the land declared to be market land by notice under section 34 published in the Government Gazette dated 9 July 2015 at page 1525 (the Epping land); and'; and

(ii)     in section 3, in paragraph (b) of the definition of market land before ‘land' insert ‘any other'; and

(iii)     Schedule 2 is repealed.

This Order will take effect on the date that it is published in the Government Gazette.

On publication of this Order in the Government Gazette, the divested land will be unalienated Crown land free from all limitations.

[2] S. 3 def. of market land: Section 65 of the Primary Industries Legislation Amendment Act 2019, No. 40/2019 reads as follows:

        65     Land at West Melbourne ceases to be market land

On the commencement of section 64(3) of this Act, the land described in paragraph (a) of the definition of market land in section 3 of the Melbourne Market Authority Act 1977 immediately before that commencement, to the extent that the land is market land, ceases to be market land.

[3] Ss 27–31:

S. 27 repealed by No. 127/1993 s. 8.

S. 28 amended by No. 18/1989 s. 13(Sch. 2 item 53(a)), repealed by No. 127/1993 s. 8.

S. 29 repealed by No. 127/1993 s. 8.

S. 30 amended by No. 35/1988 s. 21(1)(a)(b), repealed by No. 127/1993 s. 8.

S. 31 amended by Nos 9095 s. 2(1)(a)–(c)(2)(3)(a)(b), 35/1988 ss 21(2), 23(c), repealed by No. 127/1993 s. 8.

[4] S. 34: Section 70 of the Primary Industries Legislation Amendment Act 2019, No. 40/2019 reads as follows:

        70     Revocation of notice under section 34

    (1)     The notice of enlargement of market land made under section 34 of the Melbourne Market Authority Act 1977 dated 1 January 1998 published in the Government Gazette No. G 18; 7 May 1998, p. 1027, declaring certain land to be market land is revoked.

    (2)     On the revocation of the notice revoked under subsection (1), the land declared to be market land under that declaration, to the extent that the land is market land, ceases to be market land.



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