Version No. 003
Western Metropolitan Market Act 1938
Act No. 4623/1938
Version incorporating amendments as at 1 June 2001
TABLE OF PROVISIONS
Section
1.
2.
3.
4.
5.
6.
7.
8.
8A.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Short title
Definitions
Western Metropolitan Market Trust to be constituted
Objects for which Trust is constituted
Constitution of Trust
First meeting and constitution of Trust as a body corporate
Officers and employees
Power to Trust to take land by agreement or compulsorily
Power to sell or leave surplus land
Power to Trust to raise $88 000 by issue of debentures
Contributing municipalities to meet deficiencies of Trust
Appointment of receiver in certain cases
Power to invest in Trust's debentures
Accommodation on overdraft
Estimate of expenditure and statement of proposed tolls etc.
to be prepared
Repealed
Certain interest and costs and expenses deemed to be part of
capital cost of establishing market
No similar market to be established provided or carried on
within eight miles
Sales of pigs or calves elsewhere than in market
Power to Trust to provide all proper facilities for market
Market etc. tolls
When and to whom tolls etc. to be paid
Application of Local Government Act to charges
Power to Trust to authorize proceedings for breaches of
by-laws
By-laws
═══════════════
i
Page
1
1
2
2
2
4
4
5
6
6
7
8
10
11
11
12
12
13
14
14
14
14
15
15
15
Section
Page
ENDNOTES
17
1. General Information
17
2. Table of Amendments
18
3. Explanatory Details
19
ii
Version No. 003
Western Metropolitan Market Act 1938
Act No. 4623/1938
Version incorporating amendments as at 1 June 2001
An Act to provide for the Establishment Control Management
and Carrying on of a Market for the Sale of Pigs and Calves in
the Shire of Braybrook and for purposes incidental thereto.
BE IT ENACTED by the King's Most Excellent Majesty by
and with the advice and consent of the Legislative Council
and the Legislative Assembly of Victoria in this present
Parliament assembled and by the authority of the same as
follows (that is to say):
1. Short title
This Act may be cited as the Western
Metropolitan Market Act 1938.
2. Definitions
(1) In this Act unless inconsistent with the context or
subject-matter—
"contributing municipalities" means the city of
Footscray, the city of Essendon, the city of
Williamstown, the shire of Braybrook, and
the shire of Werribee;
"Trust" means the Western Metropolitan Market
Trust constituted under this Act.
(2) Any reference in this Act to the market for the
sale of pigs and calves established or to be
established pursuant to this Act shall be deemed to
include a reference to any extension thereof from
time to time.
1
Western Metropolitan Market Act 1938
s. 3
Act No. 4623/1938
3. Western Metropolitan Market Trust to be
constituted
(1) There shall be a Western Metropolitan Market
Trust constituted as hereinafter provided.
(2) By that name such Trust shall be a body corporate
and shall have perpetual succession and a
common seal and be capable in law of suing and
being sued and of taking purchasing holding
exchanging leasing taking on lease mortgaging
and disposing of real and personal property
subject to and for the purposes only of this Act.
4. Objects for which Trust is constituted
The objects for which the Trust is constituted
are—
(a) the establishment of a market in the shire of
Braybrook for the sale of pigs and calves;
(b) the provision of all necessary facilities and
conveniences for or in connexion with and
the provision of roads and approaches to
such market;
(c) the control management and carrying on of
such market; and
(d) the doing of all such other things as are
incidental or conducive to the attainment of
the aforesaid objects.
5. Constitution of Trust
(1) The Trust shall consist of five members.
(2) One member shall be elected by the council of
each of the contributing municipalities.
(3) No person shall be elected a member of the Trust
by the council of any contributing municipality
unless he is a councillor of that municipality.
2
Western Metropolitan Market Act 1938
Act No. 4623/1938
(4) Subject to this Act the members of the Trust shall
be entitled to hold office for a period of three
years and shall be eligible for re-election.
(5) (a) If any member of the Trust is absent without
the permission of the Trust from four
consecutive meetings or becomes bankrupt
or compounds with his creditors within the
meaning of any law relating to bankruptcy or
is convicted of any felony or becomes insane
or resigns or dies or ceases to be a councillor
of the municipality by the council of which
he was elected his office shall thereupon
become vacant.
(b) Such vacancy shall be filled by the election
by the council of the municipality concerned
of a councillor to fill the vacancy.
(c) The councillor elected to fill such vacancy
shall be entitled to hold office only for the
remainder of the term for which his
predecessor was elected.
(6) If a member is not elected to fill a vacancy
(however arising) in the office of member of the
Trust within two months after such vacancy arises
the Governor in Council may by Order appoint a
person to fill the vacancy, and the person so
appointed shall for all purposes be deemed to have
been elected.
(7) During any vacancy in the Trust the continuing
members subject to there being a quorum may act
as if no vacancy existed.
(8) Any three members of the Trust shall form a
quorum.
(9) The members of the Trust shall at their first
meeting and thereafter annually elect one of their
number to be chairman of the Trust.
3
s. 5
Western Metropolitan Market Act 1938
s. 6
Act No. 4623/1938
(10) At any meeting of the Trust the chairman of the
Trust or in his absence any member elected by the
members present to act as chairman of such
meeting shall preside and have a second or casting
vote.
(11) The members of the Trust shall be entitled to be
paid out of the funds of the Trust such travelling
expenses as are reasonably and actually incurred
in the discharge of their duties as such members.
S. 5(12)
inserted by
No. 8974 s. 2.
(12) The Trust may apply out of its funds such
amounts as it thinks fit in or towards the payment
of the premiums on a policy of accident and
sickness insurance effected to insure a member
against accidents or sickness arising out of or in
the course of the performance of his duties as a
member.
6. First meeting and constitution of Trust as a body
corporate
(1) The first meeting of the members of the Trust
elected pursuant to this Act shall be held at a time
and place to be appointed by the Governor in
Council by Order published in the Government
Gazette and upon such meeting being duly held
the Trust shall be deemed to be constituted a body
corporate under this Act.
(2) The Trust may hold its subsequent meetings at
such times and places as it thinks fit and subject to
this Act may conduct its proceedings in such
manner as it thinks fit.
7. Officers and employees
S. 7(1)
amended by
No. 74/2000
s. 3(Sch. 1
item 143).
(1) For the purpose of carrying out the functions
powers duties authorities and obligations
conferred or imposed upon the Trust by this Act
the Trust may appoint or employ a secretary and
such other officers and employees as it thinks fit
4
Western Metropolitan Market Act 1938
Act No. 4623/1938
s. 8
and may at any time remove any such officers or
employees.
(2) Before any officer intrusted by the Trust with the
custody or control of moneys by virtue of his
office enters thereon the Trust shall take sufficient
security for the faithful execution of such office
by such officer from some association or
incorporated company carrying on in Victoria the
business of a guarantee company; and the Trust
shall pay out of the funds of the Trust any
premium payable in respect of such security.
(3) For the purposes of the provisions of the
Municipal Association Acts relating to the
Municipal Officers Fidelity Guarantee Fund any
officer intrusted as aforesaid shall be deemed to
be a municipal officer.
8. Power to Trust to take land by agreement or
compulsorily
(1) Subject to and for the purposes of this Act the
Trust may purchase by agreement or compulsorily
acquire any land in the municipal district of the
shire of Braybrook for the purposes of a site for a
market for the sale of pigs and calves and any
necessary facilities or conveniences therefor or in
connexion therewith and roads and approaches
thereto.
S. 8(1)
amended by
No. 121/1986
s. 112(Sch.).
(2) The Land Acquisition and Compensation Act
1986 applies to this Act and for that purpose—
S. 8(2)
substituted by
No. 121/1986
s. 112(Sch.).
(a) the Western Metropolitan Market Act
1938 is the special Act; and
(b) the Western Metropolitan Market Trust is the
Authority.
5
Western Metropolitan Market Act 1938
s. 8A
S. 8A
inserted by
No. 6677 s. 2.
Act No. 4623/1938
8A. Power to sell or leave surplus land
(1) Where it appears that the land purchased pursuant
to section eight of this Act is in excess of the
quantity required for carrying out the purposes of
this Act, the Trust may with the consent of the
Governor in Council lease for any term of years at
such rent as it thinks reasonable or sell absolutely
such part of the land as may be so in excess or any
part thereof and for the purposes of any such lease
or sale the Trust may execute any and every deed
instrument and writing which may be necessary or
expedient.
(2) The rent from any such lease or the proceeds of
any such sale shall form part of the funds of the
Trust and may be used by the Trust to make any
payment which it may lawfully make.
9. Power to Trust to raise $88 000 by issue of
debentures
S. 9(1)
amended by
No. 6176
s. 2(a).
S. 9(1)(b)
inserted by
No. 6176
s. 2(b).
(1) (a) For the purpose only of providing funds to
be expended towards the establishment of
the said market (including the provision of
all necessary facilities and conveniences
therefor or in connexion therewith and roads
and approaches thereto) the Trust subject to
the approval of the Governor in Council may
from time to time by the issue of debentures
under its seal borrow at interest sums of
money not exceeding $88 0001 in all.
(b) For the purpose of making provision to
redeem any debenture issued under this Act
the Trust subject to the approval of the
Governor in Council may by the issue of
debentures under its seal re-borrow at
interest the necessary money before the
debenture becomes payable notwithstanding
that by such re-borrowing the said sum of
$88 0002 is temporarily exceeded.
6
Western Metropolitan Market Act 1938
Act No. 4623/1938
(2) The repayment of any principal sums so borrowed
and the payment of interest thereon shall be
secured on the funds and revenues of the Trust
and on the revenues of each of the contributing
municipalities.
(3) The Governor in Council may make regulations
prescribing the form of such debentures.
10. Contributing municipalities to meet deficiencies of
Trust
(1) If the Trust is unable to pay any interest on any
principal sums so borrowed or to repay any
principal sums so borrowed the contributing
municipalities shall pay to the Trust such amount
as is necessary to pay such interest or to repay
such principal sums.
(2) Any amount to be paid by the contributing
municipalities as aforesaid shall be paid in the
following proportions—
the city of Footscray—Thirty-five per centum;
the city of Essendon—Thirty-three per centum;
the city of Williamstown—Fifteen per centum;
the shire of Braybrook—Ten per centum;
the shire of Werribee—Seven per centum.
(3) If a sum equal to the proportion payable as
aforesaid is not paid by any of the contributing
municipalities within fourteen days after demand
in writing in that behalf signed by the secretary of
the Trust such sum shall be recoverable from that
municipality as a debt due to the Trust in any
court of competent jurisdiction.
(4) For the purpose of paying any sum required to be
paid pursuant to the foregoing provisions of this
section the council of any contributing
municipality may advance the sum out of the
7
s. 10
Western Metropolitan Market Act 1938
s. 11
Act No. 4623/1938
municipal fund of such municipality and for such
purposes shall increase if necessary the general
rate notwithstanding any statutory limit for such
rate.
11. Appointment of receiver in certain cases
(1) If at the expiration of two months from the time
when any principal sum or interest has become
due on any debenture issued under this Act by the
Trust and after demand in writing the same is not
paid, the holder of such debenture may without
prejudice to any other method of recovery apply
to the Supreme Court or a judge thereof for the
appointment of a receiver.
(2) The said court or any judge thereof may after
hearing the parties appoint as receiver some
person or persons to collect and receive—
(a) the whole or a competent part of the funds
and revenues of the Trust; or
(b) the whole or a competent part of the
revenues of any one or more of the
contributing municipalities—
until such principal sum or interest or both (as the
case may be) together with the cost of the
application and of collection are fully paid.
(3) Every such receiver shall be deemed an officer
and shall act under the direction of the Supreme
Court; and the Supreme Court or any judge
thereof may from time to time remove any such
receiver and on the death or removal of any such
receiver may appoint some other person in his
place.
8
Western Metropolitan Market Act 1938
Act No. 4623/1938
(4) Such receiver—
(a) shall be entitled to collect and receive—
(i) any funds of the Trust;
any sums payable to the Trust by any of
the contributing municipalities
(whether the same are already payable
or become payable); and
the whole or such competent part of the
revenues of the Trust; or
(ii) (where the case so requires) the whole
or such competent part of the revenues
of any contributing municipality for
which he is appointed; and
(b) shall be paid such remuneration or such
commission as remuneration for his services
as the Supreme Court or a judge thereof
appoints; and
(c) for the purposes of this sub-section shall
have and may exercise all or any powers of
the Trust or the municipality (as the case
may be).
(5) Every receiver appointed under this Act shall hold
all moneys received by him as such, after payment
of costs and expenses of collection and of his
remuneration or commission as remuneration, in
trust for the purpose of paying to all holders of
debentures issued under this Act by the Trust any
moneys secured thereby and owing to them
according to their respective priorities and subject
thereto for the Trust or the municipality (as the
case may be).
9
s. 11
Western Metropolitan Market Act 1938
s. 12
Act No. 4623/1938
(6) If any receiver appointed under this Act to collect
and receive the whole or a competent part of the
revenues of any contributing municipality collects
a sum greater than the proportionate amount for
which the municipality is liable under section ten
of this Act in respect of any amount which the
Trust is unable to pay or repay such municipality
shall be entitled to contribution from the others of
the contributing municipalities in proportion to
their respective liabilities as provided in subsection (2) of the said section ten; and any amount
due to such municipality by way of contribution
under this section may be recovered by action of
debt in any court of competent jurisdiction.
(7) Subject to the Supreme Court Acts the judges of
the Supreme Court may make rules for
regulating—
(a) the procedure and practice in all applications
for the appointment of receivers under this
Act; and
(b) the conduct of such receivers in the
discharge of their duties as such receivers.
12. Power to invest in Trust's debentures
S. 12(1)
repealed by
No. 9204
s. 3(Sch.).
S. 12(2)
amended by
No. 9204
s. 3(Sch.).
*
*
*
*
*
(2) Any debentures issued under this Act by the Trust
shall be a lawful investment for any moneys in the
Superannuation Fund established under the
Superannuation Acts and for any moneys which
any company or body corporate incorporated by
any Act of the Parliament of Victoria is authorized
or directed to invest in addition to any other
investments expressly authorized for the
investment of such moneys.
10
Western Metropolitan Market Act 1938
Act No. 4623/1938
s. 13
(3) Notwithstanding anything in any Act such
debentures shall be a lawful investment for any
moneys which The Commissioners of the State
Savings Bank of Victoria are authorized or
directed to invest pursuant to the State Savings
Bank Acts as if they were municipal debentures.
(4) No notice of any trust express implied or
constructive shall be received by the Trust or by
any officer of the same in relation to any
debenture issued under this Act, and the Trust or
any such officer shall not be bound to see to the
execution of any such trust to which any such
debenture may be subject.
(5) A person advancing money to the Trust and
receiving in consideration of such advance any
debenture issued under this Act by the Trust shall
not be bound to inquire into the application of the
money advanced or be in any way responsible for
the non-application or misapplication thereof.
13. Accommodation on overdraft
For the accommodation of the Trust it shall be
lawful for the Trust to obtain advances from any
authorised deposit-taking institution within the
meaning of the Banking Act 1959 of the
Commonwealth by overdraft of current account
upon the credit of the Trust and of the properties
funds and revenues thereof; but no such overdraft
shall at any time exceed the sum of $10 0003.
14. Estimate of expenditure and statement of proposed
tolls etc. to be prepared
(1) Before the last day of August in every year the
Trust shall prepare and submit to the Minister—
(a) an estimate of the probable expenditure
necessary to be incurred by the Trust; and
11
S. 13
amended by
Nos 6677 s. 3,
11/2001
s. 3(Sch.
item 90).
Western Metropolitan Market Act 1938
s. 16
Act No. 4623/1938
(b) a statement of the maximum stallages rents
tolls dues fees and other charges proposed to
be charged by the Trust—
during the period of twelve months beginning on
the first day of October next following:
Provided that the Trust shall in respect of a
preliminary period ending on the thirtieth day of
September One thousand nine hundred and thirtynine prepare and submit to the Minister as soon as
may be an estimate of the probable expenditure
necessary to be incurred by the Trust during that
period.
(2) No estimate shall exceed in any such period of
twelve months or in such preliminary period such
limit as is fixed by the Minister or have any force
or effect until approved by the Governor in
Council.
S. 15
repealed by
No. 31/1994
s. 4(Sch. 2
item 107).
*
*
*
*
*
16. Certain interest and costs and expenses deemed to
be part of capital cost of establishing market
(1) All interest paid or payable by the Trust in respect
of any moneys—
(a) expended in or incidental to the purchase of
any land or any easement right or privilege
in over or affecting any land for the purposes
of a site for the market to be established
pursuant to this Act and any necessary
facilities or conveniences therefor or in
connexion therewith and roads and
approaches thereto; and
12
Western Metropolitan Market Act 1938
Act No. 4623/1938
(b) expended in or incidental to the construction
of any buildings facilities conveniences
roads approaches or other works necessary
or incidental to the establishment of the
market during the period of the construction
thereof—
shall be deemed to be part of the capital cost of
establishing such market.
(2) All reasonable legal costs and expenses incurred
by any of the contributing municipalities
preliminary to or in connexion with the obtaining
of this Act shall be paid by the Trust and shall be
deemed to be part of the capital cost of
establishing such market.
17. No similar market to be established provided or
carried on within eight miles
No market for the sale of pigs or calves or of both
shall—
(a) within thirty years after the constitution of
the Trust, be established or provided; or
(b) within thirty years after the market to be
established pursuant to this Act is opened for
public use, be carried on—
within eight miles of the site of the market to be
established pursuant to this Act:
Provided that nothing in this section shall prevent
the sale at the market situate on the land described
in the Second Schedule to the Act 21 Victoria
No. 11 and known as the Newmarket Saleyards
of—
(i) calves (other than bobby calves under the
age of two months); or
(ii) calves delivered at the said market
accompanying the cows of which such
calves are the progeny.
13
s. 17
Western Metropolitan Market Act 1938
s. 18
Act No. 4623/1938
18. Sales of pigs or calves elsewhere than in market
After the market to be established under this Act
is opened for public use any person who
personally or by an agent or auctioneer sells offers
or exposes for sale in any place within a quarter of
a mile of the site of such market (except in his
own dwelling-place shop place of business or
private property) any pigs or calves shall be liable
to a penalty of not more than $44.
19. Power to Trust to provide all proper facilities for
market
The Trust shall have power to provide all proper
facilities in or in connexion with the market
established pursuant to this Act and without
affecting the generality of the foregoing shall have
power to provide weighbridges and weighing
machines in or in connexion with such market.
20. Market etc. tolls
It shall be lawful for the Trust to demand receive
and have such sums of money as and for stallages
rents tolls dues fees and other charges for or in
connexion with the use or occupation of the
market or any part thereof and of any facilities
provided in or in connexion therewith as are
provided for in the by-laws made under this Act.
21. When and to whom tolls etc. to be paid
The several stallages rents tolls dues fees and
other charges authorized to be demanded received
and had by or under this Act shall be paid from
time to time on demand to the Trust or the
collector or other person authorized by the Trust
to receive the same.
14
Western Metropolitan Market Act 1938
Act No. 4623/1938
22. Application of Local Government Act to charges
The provisions of sections seven hundred and
forty-six to seven hundred and forty-nine of the
Local Government Act 1928 shall with such
adaptations as are necessary extend and apply to
stallages rents tolls dues fees or any other charges
authorized by or under this Act to be demanded
received and had by the Trust.
23. Power to Trust to authorize proceedings for
breaches of by-laws
(1) The Trust may direct either generally or in any
particular case proceedings to be taken in respect
of breaches of or offences against the by-laws
made under this Act.
(2) Any officer of the Trust member of the police
force or other person authorized in that behalf by
the Trust may prosecute for any breach of or
offence against any such by-law.
24. By-laws
Subject to the approval of the Governor in
Council the Trust may make by-laws for or with
respect to—
(a) fixing the days and hours during each day
upon which sales and other business may be
conducted in or at the market established
pursuant to this Act;
(b) regulating the use of weighing machines at
such market and preventing the use of false
or defective weights scales or measures;
(c) prescribing the stallages rents tolls dues fees
and other charges to be demanded received
and had for or in connexion with the use or
occupation of such market or any part
thereof and of any facilities provided in or in
connexion therewith;
15
s. 22
Western Metropolitan Market Act 1938
s. 24
Act No. 4623/1938
(d) prescribing the conditions upon which and
the times during which buildings pens stalls
and stands and other facilities provided in or
in connexion with such market may be used
or occupied;
(e) prescribing rules to be observed by persons
using or occupying such buildings pens stalls
and stands or other facilities and with respect
to the conduct of such persons;
(f) preventing nuisances or obstructions in such
market or in the immediate approaches
thereto;
(g) the powers and duties and the control
supervision and guidance and the regulation
and discipline of officers and persons
appointed or employed by the Trust;
(h) prescribing penalties (not exceeding in any
case the sum of $405) for breaches of or
offences against the by-laws; and
(i) generally, ensuring the good order control
and management of such market and sales
and business conducted therein and carrying
into effect the objects of the Trust.
═══════════════
16
Western Metropolitan Market Act 1938
Act No. 4623/1938
ENDNOTES
1. General Information
The Western Metropolitan Market Act 1938 was assented to on
22 December 1938 and came into operation on 22 December 1938.
17
Endnotes
Western Metropolitan Market Act 1938
Endnotes
Act No. 4623/1938
2. Table of Amendments
This Version incorporates amendments made to the Western Metropolitan
Market Act 1938 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Western Metropolitan Market (Amendment) Act 1958, No. 6176/1958
Assent Date:
15.4.58
Commencement Date:
15.4.58
Current State:
All of Act in operation
Western Metropolitan Market (Amendment) Act 1960, No. 6677/1960
Assent Date:
29.11.60
Commencement Date:
29.11.60
Current State:
All of Act in operation
Agricultural Authorities (Members Insurance) Act 1977, No. 8974/1977
Assent Date:
27.4.77
Commencement Date:
1.6.77: Government Gazette 25.5.77 p. 1393
Current State:
All of Act in operation
Trustee (Authorized Investments) Act 1978, No. 9204/1978
Assent Date:
5.12.78
Commencement Date:
5.12.78
Current State:
All of Act in operation
Land Acquisition and Compensation Act 1986, No. 121/1986
Assent Date:
23.12.86
Commencement Date:
29.11.87: Government Gazette 25.11.87 p. 3224
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 107) on 1.1.95: Government Gazette
28.7.94 p. 2055
Current State:
This information relates only to the provision/s
amending the Western Metropolitan Market Act
1938
Statute Law Revision Act 2000, No. 74/2000
Assent Date:
21.11.00
Commencement Date:
S. 3(Sch. 1 item 143) on 22.11.00: s. 2(1)
Current State:
This information relates only to the provision/s
amending the Western Metropolitan Market Act
1938
Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001,
No. 11/2001
Assent Date:
8.5.01
Commencement Date:
S. 3(Sch. item 90) on 1.6.01: s. 2(2)
Current State:
This information relates only to the provision/s
amending the Western Metropolitan Market Act
1938
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
18
Western Metropolitan Market Act 1938
Act No. 4623/1938
3. Explanatory Details
1
S. 9(1)(a): Refer to section 5 of the Decimal Currency Act 1965,
No. 7315/1965.
2
S. 9(1)(b): See note 1.
3
S. 13: See note 1.
4
S. 18: See note 1.
5
S. 24(h): See note 1.
19
Endnotes