The Defintions

Access Card means a permit issued by the MMA to a Person entitling that Person to enter Market Land at the times and on the conditions determined by the MMA. 

Access Card Fee means the relevant fee specified in the Schedule of Fees.

Act means the Melbourne Market Authority Act 1977 (Vic), as amended or re-enacted from time to time.

Approved Access Point means Gate 1, 2 and 3 as marked on the Plan.

Authorised Representative (and where relevant Authorised Representatives) means the Chief Executive Officer of the MMA, a Person or group of Persons employed by the MMA that have been designated an Authorised Representative or a Person or group of Persons authorised in writing to act as an Authorised Representative by the Chief Executive Officer of the MMA.

Ban means permanent exclusion from Market Land.

Business Day means a day which is not a Saturday or Sunday, or a public holiday in Melbourne.

Claim includes any legal proceedings, claim, demand, loss, damage, cost, expense, compensation or other liability, whether present, future, contingent or unascertained of any description.

Common Area means those areas of Market Land provided by the MMA from time to time for the common use of occupants of Market Land and includes without limitation the entrances, lobbies, corridors, toilets, stairways, areas designated by the MMA for parking of cars, trucks and other vehicles and loading and unloading vehicles, driveways, access and egress roads, and other common amenities other than those reserved to the MMA or to any Person claiming through or authorised by the MMA.

Cost means the estimated damage and loss incurred by the MMA and the MMA’s associates as a result of a Person breaching an Operating Rule and includes fees, expenses and legal costs calculated on an indemnity basis.

Dangerous Goods has the same meaning as in the Dangerous Goods Act 1985 (Vic) and includes substances and articles that are likely to cause injury to any Person or damage to any property.

Demerit Point means a penalty point allocated to a Person for a breach of the Operating Rules.

Deposit means an amount to be determined by the MMA and published on the MMA’s website reflecting the costs to the MMA of conducting a Tribunal Hearing. Such amount will not be less than $1,000.00.

Designated Buyer Entry Time means the times at which buyers may enter onto Market Land as specified by the MMA from time to time.

Designated Forklift Storage Bays means the area designated and marked as such on the Plan.

Designated Forklift Path means the pathway which is marked and designated as being suitable for use only by forklifts.

Direct Sale means a sale that is effected by the physical attendance of the buyer or his, her or its associate at the point of sale on the Market Land.

Emergency Services means the Victoria Police, the Metropolitan Fire and Emergency Services Board, the State Emergency Services, Ambulance Victoria and any other State emergency service that may be required to attend to an emergency on that Market Land.

Enforcement Actions means the action(s) taken by an Authorised Representative in respect of any breach of these Operating Rules which may (without limitation) include the actions listed in Annexure B of the Operating Rules.

Environmental Management Plan means the plan issued by the MMA regarding the

environment and sustainability of the operation of the Market Land.

Flower Stand means a Licensed Area within the National Flower Centre.

Flower Selling Floor means the selling area comprising the Flower Stands designated by the MMA from time to time for the sale of flowers in the National Flower Centre.

Flower Truck Park means the area designated and marked as such on the Plan.

Forklift Crossover means a pathway within the Trading Store Building which is marked and designated as being suitable for use by forklifts but excludes Pallet Jacks and other Vehicles.

Goods means merchandise, property or equipment that a Tenant or Licensee:

(a) offers for sale or hire; or

(b) uses in the conduct of its business.

Induction Program means the program for Access Card holders determined by the MMA from time to time and as provided on its website.

Infringement Notice means a notice issued under clause 1 .4 of this Annexure B.

Infringement Schedule has the meaning given in clause 2 of this Annexure B.

Insolvency Event means where a Market Business:

(a) is insolvent within the meaning of section 95A of the Corporations Act 2001 (Cth);

(b) is presumed by a court to be insolvent by reason of section 459C(2) of the Corporations Act 2001 (Cth);

(c) has a liquidator or provisional liquidator appointed in respect of it;

(d) has an administrator appointed over all or substantially all of its assets or undertaking (and whose appointment is not withdrawn within five Business Days);

(e) has a receiver, receiver and manager or other controller within the meaning of section 9 of the Corporations Act (Cth) or similar officer appointed to all or substantially all of its assets or undertakings (and whose appointment is not withdrawn within five Business Days);

(f) except to reconstruct or amalgamate while solvent, has an application or order made, a resolution passed, an application to a court made or other steps taken against or in respect of it (other than frivolous or vexatious applications or steps or an application withdrawn or dismissed within 20 Business Days) for its winding up or dissolution or for it to enter an arrangement, compromise or composition with or assignment for the benefit of its creditors, a class of them or any of them; or

(g) admits in writing that it is, or is declared to be, insolvent or unable to pay all of its debts when they become due and payable.

Interest means the amount calculated as follows for the period after the date on which a Cost is due and payable at the standard business lending rate as published from time to time by ANZ Bank, plus 2%.

Internal Review Notice means a notice in the form of the internal review notice published on the MMA’s website, as may be amended from time to time.

Law means any statute, regulation, proclamation, ordinance or by laws of the Commonwealth of Australia or the State and includes all statutes, regulations, proclamations, ordinances or by laws varying consolidating or replacing them and all regulations, proclamations, ordinances and by laws under that statute.

Lease means a lease to a Tenant for the whole or any part of Market Land.

Leased Premises means an area of Market Land which is the subject of a Lease.

Licence means a licence to a Licensee from the MMA on Market Land and includes a Flower Stand or Trading Stand but does not include a Parking Permit.

Licensed Area means an area of Market Land which is the subject of a Licence.

Licensee means a person who holds a licence.

Market means the Melbourne Wholesale Fruit, Vegetable and National Flower Centre at Cooper Street, Epping.

Market Approved Vehicles means golf buggies and scooters and other vehicles approved in type and individually by the MMA for use on Market Land (but excludes Vehicles and Trucks).

Market Business has the meaning given to that term in Rule 1.1.

Market Business Associate means any Person who satisfies the requirements in Rule 2.1(b) and is issued with an Access Card and in any case includes a principal, director, officer, employee, agent, contractor, consultant, nominee, licensee or adviser of a Market Business.

Market Land means the land identified in the Plan.

Market Vehicle Park means the:

(a) Flower Truck Park;

(b) Passenger Vehicle Park;

(c) Truck Park;

(d) Vehicles Trading Complex Parking Area;

(e) Visitor Car Park; and

(f) any other area designed as a parking area by the MMA from time to time.

MMA means the Melbourne Market Authority.

MMA’s Associates means the MMA’s employees, agents, consultants, contractors or invitees (but, for avoidance of doubt, excludes any Market Business and Market Business Associate or Market Business Visitor).

National Flower Centre means the flower market located on Market Land containing the Flower Selling Floor as designed on the Plan.

Nominee means a Person who is registered with the MMA as a nominee of a Market Business for the purposes of these Operating Rules in accordance with the requirements as determined by the MMA from time to time.

OH&S Requirements means the Occupational Health and Safety Act 2004 (Vic), the Occupational Health and Safety Regulations 2007 (Vic) and all other applicable Laws, Approvals and Quality Standards and relevant codes of practice relating to occupational health and safety.

OH&S Plan means the occupational health and safety plan for Market Land as published on the MMA’s website.

Pallet Jack means a manually operated device for lifting and moving loads.

Parking Permit means a permit granted by the MMA to a Person in respect of using a Parking Space for parking or storing a Vehicle.

Parking Space means an area of Market Land that is allocated and marked as an area of Market Land for the parking of Vehicles.

Passenger Vehicle means a Vehicle built primarily for the conveyance of private passengers.

Passenger Vehicle Park means the area designated and marked as such on the Plan.

Pedestrian Walkway means a pathway on Market Land which is designated and marked as exclusively for use by pedestrians.

Person means a natural person.

Personal Information has the meaning given to that term in the Privacy and Data Protection Act 2014 (Vic).

Plan means the plan of the Market Land set out in Annexure A.

Policy and Procedure means any policy or procedure developed and implemented by the MMA regarding any aspect of the use and operation of the Market, including but not limited to regulating the occupants of Market Land, the use of the Leased Premises or Licensed Areas, the Common Area or Market Land generally, the management, security, safety, health, care or cleanliness of Persons on Market Land or the Market Land generally.

Post Box means a post box on Market Land nominated by the MMA for the Market Business’ use.

Post Box Fee means the relevant fee specified in the Schedule of Fees.

Produce means fruit and vegetables and all other products which are approved for sale at the Market by the MMA from time to time.

Recessed Loading Docks means the area designated and marked as such on the Plan.

Recess Loading Docks Protocols means the protocols developed by the MMA from time to time and published on the MMA’s website.

Registered Address means the contact email, mobile phone or physical address that a Person has provided to the MMA in the Person’s application for an Access Card or Visitor Pass, as updated by notice to the MMA from time to time.

Recycling and Waste Management Procedure means the procedure for recycling and waste management developed and implemented by the MMA regarding recycling and waste management on Market Land.

Ring Road means the area designated and marked as such on the Plan by red dashed line.

Sanction means any Cost, Demerit Point, Suspension or Ban.

Schedule of Fees means the schedule of fees specified by the MMA from time to time and published on the MMA’s website.

Semi-Trailer has the meaning given to that term in the Road Safety Act 1976 (Vic).

Statutory Declaration Form means a statutory declaration in the form published on the MMA’s website.

Suspension means a period of temporary exclusion from the Market Land, during which time a Person will have no valid Access Card.

Target Concentration means the threshold limits that constitute a positive result for illegal drugs, prescription medication or over the counter medication as outlined in AS/ NZS:4760:2019 Procedure for specimen collection and the detection and quantification of drugs in oral fluid.

Tenant means a Person who is a tenant of Leased Premises.

Tenant’s Agent means any person issued with an Access Card or Visitor Pass on the nomination of that Market Business.

Trading Floor Complex means the Trading Stands Building and the Trading Store Building as designated and marked on the Plan.

Trading Hours means the trading hours of the Market as prescribed by the MMA from time to time.

Trading Stand means a Licensed Area within t he Trading Floor Complex (but for avoidance of doubt excludes a Flower Stand).

Traffic Sign means:

(a) a board, plate, screen, or another device, whether or not illuminated, displaying words, figures, symbols or anything else to direct or warn traffic on, entering or leaving a road; and

(b) a road marking or other device to direct or warn traffic on, entering or leaving a road, and includes a hand-held stop sign, a parking control sign and a variable illuminated message sign erected by an Authorised Representative.

Tribunal Review Notice means a notice in the form of a tribunal review notice published on the MMA’s website, as may be amended from time to time.

Truck has the meaning given to that term in the Road Safety Act 1986 (Vic).

Truck Park means the area designated and marked as such on the Plan.

Unloader or Unloading Agency means a Person who has been granted a licence in writing by the MMA to operate an unloading service for market users on Market Land.

Unloading Area means an area of Market Land designated and marked as an unloading area by the MMA from time to time.

Vehicle means a vehicle that is used or intended to be used on an area marked and designated as a road within the market and that is built to be propelled by a motor that forms part of the vehicle, and includes “motor vehicles” as defined by the Road Safety Act 1986 and forklifts (but for avoidance of doubt excludes Market Approved Vehicles).

Vehicle Pathway means a pathway on Market Land which is designated and marked as being for use by Vehicles.

Vehicles Trading Complex Parking Area means the area designated and marked as such on the Plan.

Visitor means a Person who is not:

(a) a Market Business Associate;

(b) an MMA Associate; or

(c) an Authorised Representative.

Visitor Car Park means the area designated and marked as such on the Plan.

Visitor Induction Program means the Visitor’s induction program determined by the MMA from time to time and as provided on its website.

Visitor Access Form means the Visitor Access Form determined by the MMA from time to time and as provided on the MMA’s website.

Visitor Pass means a temporary pass issued by the MMA at the MMA’s absolute discretion to a Person who has complied with the requirements set by the MMA from time to time.

Warehouse Precinct means the area designated and marked as such on the Plan.

Waste means any discarded, rejected, unwanted, surplus, discharged or abandoned liquid, material, product, Goods, rubbish or other similar substance or such other materials or substances as reasonably determined by the MMA from time to time.

Waste Handling Procedure means the MMA’s procedure within the Environmental Management Plan for managing and disposing of Waste on Market Land.