1. Market Business

1. Market Business

1.1. Requirements of a Market Business

A market business is a business that:

(a) either:

i) holds a Lease or Licence for all or any part of the Market Land;

or ii) operates a business relating to fresh Produce, the flower industry or any other goods or services approved by the MMA;

(b) has:

i) a current pooling equipment account;

ii) provided the MMA with documentation that establishes that it is registered under another Market Business’ pooling equipment account;

iii) provided the MMA with a signed statutory declaration that:

(A) the business will only use nonstandard pallets owned by the business; and

(B) the business can establish ownership of the non-standard pallets; or

Iv) provided the MMA with a signed statutory declaration that the business does not use pallets of any kind;

(c) is registered with the MMA in accordance with the requirements of the MMA as determined from time to time; and

(d) has nominated a Person to act as Nominee for the Market Business for the purposes of these Operating Rules.

 

1.2. Failure to meet requirements of a Market Business Where:

(a) a Market Business no longer satisfies the requirements in Rule 1.1 or provides false or misleading information in, or uses pallets contrary to, a statutory declaration provided to the MMA under Rule 1.1(b);

(b) a Market Business is subject to an Insolvency Event and the MMA has given the Market Business a notice requiring the Market Business to prove to the MMA’s satisfaction within seven days after the notice is given that it is no longer subject to the Insolvency Event and the Market Business does not comply with the notice;

(c) any Market Business Associates fail to comply with these Operating Rules on four or more occasions within any 12 month period; or

(d) a Market Business’ Lease or Licence is terminated,

(Cancellation Event) the Market Business will cease to be registered and will cease to be a Market Business, and all Access Cards granted to that Market Business’ Associates will be automatically cancelled.

 

1.3. Meaning of Failure to Comply

The term “fail to comply” in clause 1.2(c) of these rules and in any equivalent provision of a Lease or License means that the relevant Market Business Associate has breached a provision of these Operating Rules and in consequence:

(a) has been issued with 2 or more Demerit Points;

(b) has been Ejected, Suspended or Banned (whether in consequence of that breach or a combination of breaches); or

(c) has incurred a Cost of $5,000 or more.