Victorian Current Acts Victorian Current ActsS. 38(1) amended by No. 127/1993 s. 9(1).
(1) The Authority may, with the approval of the Minister, make by-laws for or with respect to—
S. 38(1)(a) amended by No. 40/2019 s. 72(1).
(a) regulating entry to the market land or other land held by the Authority; and
S. 38(1)(b) amended by No. 40/2019 s. 72(1).
(b) regulating, controlling and prescribing conditions on use of the market land or other land held by the Authority; and
S. 38(1)(c) amended by No. 40/2019 s. 72(1).
(c) requiring persons entering the market land or onto other land held by the Authority with fruit, vegetables or other commodities to give particulars of those commodities to the Authority; and
S. 38(1)(d) amended by No. 40/2019 s. 72(1).
(d) prescribing times during which trading or incidental activities may take place in the market land or in particular parts of the market land; and
S. 38(1)(e) amended by No. 40/2019 s. 72(1).
(e) prescribing times during which persons may be present in the market land or on other land held by the Authority; and
S. 38(1)(f) amended by No. 40/2019 s. 72(1).
(f) generally prescribing any other matter or thing required or permitted by this Act to be prescribed in the by-laws and relating to the market land or other land held by the Authority or necessary to be prescribed in the by-laws to give effect to this Act in relation to the market land or other land held by the Authority.
(2) The by-laws may impose penalties not exceeding 20 penalty units for a contravention of the by-laws.
(3) The by-laws may provide for a person to be served with an infringement notice specifying a fixed penalty for an offence against the by-laws as an alternative to a prosecution for the offence, and in this case the by-laws must specify—
(a) the amount of the fixed penalty; and
(b) the form of the notice of infringement; and
(c) the person or class of persons who may issue a notice of infringement; and
(d) the person to whom payment of the fixed penalty may be made; and
(e) the period within which the fixed penalty must be paid in order to avoid prosecution.
(4) A notice of infringement must specify—
(a) the name of the alleged offender; and
(b) the nature of the offence alleged to have been committed in general terms; and
(c) the date, time and place of the alleged offence; and
(d) the amount of the fixed penalty; and
(e) the period within which and the place where the fixed penalty may be paid; and
(f) that the alleged offender is entitled to disregard the infringement notice and defend the prosecution for the offence in court.
S. 38A inserted by No. 35/1988 s. 22.