Annexure B - Enforcement of operating rules, appeals process, and demerit points schedule.

1. General

1.1 No effect on MMA’s Rights

Nothing in Annexure B limits the MMA’s ability to exercise its lawful rights as lessee of Market Land or in any other capacity.

1.2 Address for notices issued by the MMA

• (a) The MMA will send any notice issued under this Annexure B to:
  • i) the Registered Address of the Person to whom the notice is to be issued; and
  • ii) where the Person is a Market Business Associate or a Market Business Visitor, it is sent to the Registered Address of the Nominee for the relevant Market Business.
• (b) Any notice or other communication issued by the MMA under this Annexure B will be deemed to have been issued to a Person on the date on which it is sent by the MMA to that Person’s Registered Address.

1.3 Address for lodging forms with the MMA

A Person may lodge any form or notice to the MMA under this Annexure B by sending it to the Market Operations Manager of the MMA. A copy must be given to the relevant Market Business. The date of lodgement will be the date on which the email is received by the MMA.

1.4 Authorised Representatives

• (a) The role of an Authorised Representative is to monitor and ensure that Persons on the Market Land comply with the Operating Rules.
• (b) Subject to any directions and instructions issued by the MMA, each Authorised Representative will have the power to issue to a Person who is, in the opinion of the Authorised Representative, in breach of one or more of the Operating Rules, a notice in respect of that breach or those breaches (Infringement Notice).
• (c) An Infringement Notice must state:
  • i) the Operating Rule/s which were, in the opinion of that Authorised Representative, breached;
  • ii) the date and time, or in the case of more than one breach, the dates and times, in which that breach or those breaches occurred; and
  • iii) the Person or Persons who were in breach of an Operating Rule(s);
  • iv) the applicable Sanction(s);
  • v) the Person/s who are to meet the applicable Sanctions; and
  • vi) in the case of:
    • (A) a Cost, the time and manner in which the Sanction must be paid;
    • (B) a Suspension, the period of time during which the Person will not be permitted to enter onto Market Land (the Suspension Period); and
    • (C) a Ban, the commencement date of the Ban.

 

2. Infringements

The MMA will publish the Operating Rules including the sanctions that apply to breaches of the Operating Rules on the Website.

3. Demerit Points

• (a) Demerit Points are valid for a 2-year period.
• (b) The MMA must notify a Person if he or she has accrued 4 Demerit Points for an Access Card or Visitor Pass.
• (c) If a Person accrues 5 Demerit Points, the MMA may suspend that Person’s Access Card or Visitor Pass (as applicable) by notice for a period determined by the MMA.
• (d) If a Person is issued an Access Card after a period of Suspension, that Access Card will have 2 Demerit Points allocated to it. These Demerit Points will be valid for a 2-year period starting on the date on which the Access Card is issued.

4. Failure to comply with a Sanction

4.1 Failure to pay a Cost

• (a) If a Person who is a Market Business Associate or Market Business Visitor fails to pay a Cost within the time specified in an Infringement Notice issued to the Person:
  • i) the MMA will issue a written reminder to that Person requiring payment of the Cost-plus Interest within 7 Business Days; and
  • ii) if the Person fails to pay the Cost-plus Interest within 7 Business Days:
    • (A) the MMA will apply a Suspension to that Person; and
    • (B) the relevant Market Business will be jointly and severally liable to pay the Cost.
      • (i) If a Visitor who is not a Market Business Visitor fails to pay a Cost within the time specified in an Infringement Notice issued to the Visitor, the MMA will not permit the Visitor to re-enter on Market Land until such time as the Cost is paid.

4.2 Failure to observe a Suspension

The MMA may impose a Ban on a Person who fails to observe a Suspension more than once during the period of the Suspension.

5. Appeals Process

5.1 Infringement Notices capable of appeal

Unless specified otherwise in the Infringements Schedule, an Infringement Notice may be appealed through the process set out in this Clause 5.

5.2 Car Parking and Driving Offences

• (a) If a Person was not driving the Vehicle or Market Approved Vehicle at the time at which a breach of the Operating Rules occurred and believes that a parking or driving Infringement Notice was incorrectly issued to that Person, the Person may nominate the actual driver of the relevant Vehicle or Market Approved Vehicle by lodging an Internal Review Form within 14 days of the date on which the Infringement Notice was issued.
• (b) If the MMA receives the Internal Review Form in time and is satisfied that it provides a basis to do so, the MMA will withdraw the Infringement Notice and may issue a new Infringement Notice to the Person nominated in the Statutory Declaration Form.

5.3 Other Internal Review

• (a) Other than in the circumstances related to a parking or driving Infringement Notice referred to in Clause 5.2(a) above, the MMA may conduct an internal review of an Infringement Notice (Internal Review).
• (b) A Person who receives an Infringement Notice (Applicant) may apply for Internal Review by lodging an Internal Review Notice with the MMA within 14 days of the date on which the Infringement Notice was issued. The Internal Review Notice must be signed by the Applicant and the Nominee of the relevant Market Business if the Applicant is a Market Business Associate.
• (c) The grounds on which an Internal Review may be sought are:
  • i) the Applicant was not responsible for the breach or breaches to which the Infringement Notice relates; and/or
  • ii) the Infringement Notice has been issued on the basis of a mistake as to the factual circumstances giving rise to the alleged breach or breaches.
• (d) The Applicant may only submit one Internal Review Notice with respect to any Infringement Notice.
• (e) The MMA must notify the Applicant as to whether it accepts or rejects the Infringement Notice. If the MMA rejects the Internal Review Notice, it must provide the Applicant with written reasons as to why it has done so.
• (f) If the MMA accepts the Internal Review Notice, it will conduct an Internal Review of the Infringement Notice and may:
  • i) uphold the Infringement Notice;
  • ii) discharge the Infringement Notice on the basis of any undertaking given by or cure plan agreed to by a Person or Market Business, subject to any conditions that the MMA wishes to impose;
  • iii) amend the Infringement Notice to correct any errors or impose an alternative Sanction; or
  • iv) withdraw the Infringement Notice.
• (g) The MMA must notify the Applicant and any relevant Market Business of the outcome of the Internal Review.

5.4 Tribunal Review

• (a) The MMA will establish a Tribunal to review any Infringement Notice in accordance with these Operating Rules. The MMA will have the power to remove Tribunal members and fill Tribunal vacancies from time to time.
• (b) The Tribunal may only review an Infringement Notice if an Internal Review has been completed.
• (c) Subject to Clause 5.4(b), if an Applicant wishes to dispute the allegation/s contained in an Infringement Notice, the Applicant must lodge a Tribunal Review Notice to the MMA within 7 days of receiving notification of the outcome of an Internal Review of the Infringement Notice.
• (d) The Applicant must pay a Deposit, at the same time as lodging a Tribunal Review Notice. The Deposit will be refunded if the Infringement Notice is overturned and otherwise retained in the event the Infringement Notice is not overturned by the Tribunal.
• (e) Promptly after receiving a Tribunal Review Notice, the Chief Executive Officer of the MMA will convene a Tribunal. The Tribunal members will be the Chief Executive Officer or his nominee, and two other persons acceptable to the Chief Executive Officer.
• (f) The Tribunal may direct the Authorised Representative who issued the relevant Infringement Notice to provide, in writing to the Applicant, a summary, in as brief a form as is practicable, of the facts and circumstances which, in his or her opinion, constituted the breach or breaches of Operating Rules.
• (g) After the summary has been provided to the Applicant, the Tribunal, in consultation with Applicant, will appoint a time and place for the hearing of the matter that is the subject- matter of the Tribunal Review Notice.
• (h) The decision of the Tribunal will be binding on the Applicant and the MMA.

5.5 Conduct of the Tribunal Hearing

• (a) The Tribunal hearing will not be open to the public and representation of the parties by legal representative will not be permitted, although nothing in this rule will prevent the Tribunal from obtaining advice from the MMA’s General Counsel in relation to the Tribunal Review. Hearings will not be video- taped or recorded.
• (b) The Applicant and Nominee will be required to attend together with any witness they wish to rely upon. Witnesses will remain outside the hearing room until called to give evidence.
• (c) At the hearing, the rules of evidence do not apply and sworn evidence is not required.
• (d) The Tribunal may regulate the hearing in such manner as it sees fit, subject to the following considerations:
  • i) the rules of evidence will not apply;
  • ii) each of the Applicant and the Authorised Representative will be given the opportunity to put its case to the Tribunal;
  • iii) the Authorised Representative, the Applicant, and any witnesses will be subject to questioning by the Tribunal;
  • iv) the Authorised Representative and the Applicant may question each other or any witnesses;
  • v) the Tribunal will disallow any question it considers to be unduly offensive, vexatious, irrelevant or improper;
  • vi) subject to the overriding consideration that the Applicant is to be given a fair hearing, the Tribunal will restrict the number of witnesses which an Applicant is permitted to call where the evidence of witnesses is repetitive;
  • vii) where these Operating Rules do not make specific provision for an event that occurs in the course of the hearing, the Tribunal will be empowered to take such action as is necessary to ensure that the hearing is conducted properly. Non-compliance with any rule will in no way invalidate the proceedings or any determination of the Tribunal or any Sanction Imposed by it.
• e) After hearing from the parties and their witnesses (if any), the Tribunal may:
  • i) uphold the Infringement Notice that is subject of the hearing;
  • ii) discharge the Infringement Notice on the basis of any undertaking given by or cure plan agreed to by a Person or Market Business, subject to any conditions that the MMA wishes to impose;
  • iii) amend the Infringement Notice to correct any errors or impose an alternative Sanction; or
  • iv) overturn the Infringement Notice.
• (f) In making its decision, the Tribunal may (but is not required to) take into account:
  • i) the infringement history of the Applicant; and
  • ii) any previous decisions made by the Tribunal in relation to breaches of the Operating Rules to which the Infringement Notice relates.
• (g) The Tribunal may also determine that the Applicant or a Nominee should attend OH&S Training having regard to the history of the Applicant or the Nominee in relation to breaches of the Operating Rules. Failure to attend the training will constitute a breach of the Operating Rules subject to Sanction.
• (h) The Tribunal will announce its decision in the presence of the Applicant. [The Tribunal will also give written reasons for any of its findings or conclusions]. If the Tribunal determines that there was a breach of one or more Operating Rules, it will uphold the original Sanction provided in the Infringement Notice or nominate an alternative Sanction provided under the Operating Rules. These written reasons will be provided to:
  • i) the Applicant;
  • ii) the Nominee of the relevant Market Business; and
  • iii) the MMA.

 

INFRINGEMENT SCHEDULE
RULE	DESCRIPTION OF OFFENCE	DEMERIT POINT	OTHER SANCTION (at the MMA’s discretion)
1.1	Provide false or misleading information in a statutory declaration provided to the MMA	1-5, depending on severity	Suspension or Ban
1.1(b)(iii) or (iv)	Failing to provide a statutory declaration to the MMA under Rule 1.1(b)(iii) or (iv)	1-5, depending on severity	Suspension or Ban
2.4	Failure to leave at the direction of MMA	N/A	Ejection
3.1	Entering Market prior to Entry times OR without an Access Card	N/A	Ejection, access time penalty, Suspension and Cost
3.2	Transferring or permitting others to use an Access Card	2	Cost, Suspension, Ban
3.3	Failure to display or produce Access Card	1	Cost, Suspension, Ban
4.1(a)	Failure to comply with Operating Rules	1-5, depending on severity	Suspension, Ban, Cost depending on circumstances
4.1(b)	Failure to comply with any Policy or Procedure	1-5, depending on severity	Suspension, Ban, Cost depending on circumstances
4.1(c)	Failure to comply with all applicable local, State and Federal Laws (including those relating to personal behaviour)	1-5, depending on severity	Suspension, Ban, Cost depending on circumstances
4.2(a)	Failure to comply with all lawful directions of the MMA and its Authorised Representatives	2
4.2(b)	Failure to comply with and observe all laws and requirements of local or any other government authority and the MMA relating to hygiene or usage, the general presentation and cleanliness of Leased Premises or Licensed Area	1-3	Cost
4.2(c)	Failure to ensure activities, Vehicles, Market-Specific Vehicles or equipment remain within the acceptable noise levels as stated in the Environmental Management Policy	1-3
4.3(a)	Smoking in non-designated area	2	Suspension/Ban, Cost depending on circumstances
4.3(b)	Selling/Serving of alcohol or selling/distribution of drugs	3 - 5	Suspension/Ban, Cost depending on circumstances
4.3(c)	Consuming alcohol in unauthorised areas	3 - 5	Suspension/Ban, Cost depending on circumstances

 

RULE	DESCRIPTION OF OFFENCE	DEMERIT POINT	OTHER SANCTION (at the MMA’s discretion)
4.3(d)	Consume any illegal or prohibited substance (whether legal or not) or any other substance likely to impair a person’s capacity to act in a safe or proper manner	3-5	Suspension, Ban, Cost depending on circumstances
4.3(e)	Selling, Displaying or offering for sale any goods or services without MMA authorisation	2
4.3(f)	Bringing Dangerous Goods onto Market Land unless authorised by the MMA or otherwise the subject of a general MMA authorisation	1-5, depending on severity	Suspension, Ban, Cost depending on circumstances
4.3(g)	Act in a manner or a way that causes offence to others.	1-3	Suspension, Ban, Cost depending on circumstances
4.3(h)	Commit any unlawful act	2-5, depending on severity	Suspension, Ban, Cost depending on circumstances
4.3(i)	Act in a manner which may adversely affect the health and safety of an individual, themselves or the property of others	2-5, depending on severity	Suspension, Ban, Ejection, Cost depending on circumstances
4.3(j)	Interference with MMA or its Authorised Representatives in the exercise of their powers, functions or duties	2-5	Ejection, Suspension, Ban
4.3(k)	Damage, move or interfere with property of MMA	1-3	Suspension, Ban, Cost depending on circumstances
4.3(l)	Removal, or damage to or interference with entry or exit control barriers	2	Suspension, Ban, Cost depending on circumstances
4.3(m)	Bringing an animal onto Market Land	1	Ejection, Suspension, Ban, Cost depending on circumstances
4.3(n)	Soliciting money or donations	1	Ejection, Suspension
4.3(o)	Posting posters, banners or advertising material without prior consent of the MMA	1	Cost
4.3(p)	Engaging in any unauthorised or unlawful act in respect of hired Pallets	1-5, depending on severity	Suspension, Ban, Cost depending on circumstances
4.3(q)	On site with a Blood Alcohol Content (BAC) over 0.00%, or under the influence of prohibited drugs	5	Suspension, Ban, Cost depending on circumstances
5.1(a)	Sale, storage, staging, sorting, packaging, re-packaging or displace of produce or stock outside Leased Premises, Unloading Area, Trading Stand, Flower Stand or Unloading Area	1 - 3	Suspension, Ban, Cost depending on circumstances
5.1(b)	Sorting and repacking goods in Market Car Park	1 - 3	Suspension, Ban, Cost depending on circumstances

 

RULE	DESCRIPTION OF OFFENCE	DEMERIT POINT	OTHER SANCTION (at the MMA’s discretion)
5.1(c) and (d)	Direct Sales other than in accordance with the Operating Rules	2	Access time penalty, Suspension and Cost
5.1(e)	Failure to confine activities to Leased Premises or Licensed Area outside Trading Hours	1-3	Access time penalty, Suspension and Cost
5.2	Delivery of Goods or Produce to a Person who is not a Tenant, or Unloader	1 - 3	Ejection, Cost, disposal or redirection of Goods or Produce
5.3	Unsanctioned Unloading of Goods or Produce	1
7.1	Failure to comply with recycling and waste management	1-3	Cost
8	Failure to clear pallets	1	Cost
9.1(a)	Failing to walk on pedestrian walkways	1
9.1(b)	Failure to obey all Traffic Signs	1-5, depending on severity	Suspension, Ban, Cost depending on circumstances
9.1(c)	Ensure Vehicles or Market Approved Vehicles under their control is operated in compliance with all Traffic Signs	2-5, depending on severity	Suspension, Ban, Cost depending on circumstances
9.2(a)	Drive or bring unregistered Vehicle onto Market Land	2	Suspension
9.2(b)	Driving without a valid licence	2-5	Suspension
9.2(c)	Drive or operate a Vehicle in a manner that would contravene any provision of the RS Act	2-5, depending on severity	Suspension, Ban, Cost depending on circumstances
9.2(d)	Drive or operate a Vehicle or Market Approved Vehicle while the person has a Blood Alcohol Content (BAC) over 0.00%, has in excess of any Target Concentration of illegal drugs, prescription medication or over the counter medication in their system or otherwise appears impaired or affected by the consumption of alcohol or drugs	3-5	Suspension, Ban, Cost depending on circumstances
9.2(e)	Drive or operate a Vehicle in a dangerous or negligent manner	3	Suspension
9.2(f)	Ride a bicycle, e-bike, e-scooter, scooter or skateboard, on Market Land	1
9.2(g)	Speeding Vehicle	2-5, depending on severity	Suspension, Ban, Cost depending on circumstances
9.2(h)	Cleaning, servicing, repairing Vehicle outside designated area	2

 

RULE	DESCRIPTION OF OFFENCE	DEMERIT POINT	OTHER SANCTION (at the MMA’s discretion)
9.2(i)	Leaving a Vehicle unattended or parking outside a designated Parking Space	1	Costs, Ejection
9.2(j)	Driving or bringing onto Market Land a Vehicle that exceeds permissible noise levels	1
9.2(k)	Placing upon any road, walkway or clearway or entrance anything that may obstruct or endanger a Vehicle or Person	1	Cost
9.2(l)	Using Vehicles to obstruct any other Vehicle, pedestrian traffic or Market Approved Vehicle from its lawful business	1	Cost
9.2(m)	Loading or unloading outside designated areas	1	Cost
9.2(n)	Operate or leave a Vehicle within the Trading Complex	2	Cost
9.2(o)	Operate or leave a Vehicle (other than a Truck) within the National Flower Centre	2	Cost
9.3	Failure to provide evidence of licences or submit to noise testing or Vehicle inspection	2-5	Suspension/Ban
10.1(a) and (b)	Operate or leave a forklift or Market Approved Vehicle in non- designated area	2	Cost
10.1(c)	Operate or drive a forklift : that does not have sequential interlock seat belt installed without wearing a seat belt.	2-5	Suspension/Ban
10.1(d)	Operate or drive a Market Approved Vehicle without the installation of appropriate and operational restraints	2-5
10.1(e)(i) to (iii) and (v)	Failure to do the following while operating a forklift or Market- specific Vehicle: use illuminated headlights while motor or battery is engaged does not comply with lighting or safety requirements prescribed by the MMA use a mobile phone or other handheld device carrying a load that exceeds the height or capacity of forklift’s Data plate	2-5	Suspension/Ban
10.1(e)(iv)	Speeding forklift or Market Approved Vehicle	2-5, depending on severity	Ejection, Suspension, Ban, Cost depending on circumstances

 

RULE	DESCRIPTION OF OFFENCE	DEMERIT POINT	OTHER SANCTION (at the MMA’s discretion)
10.1 (f) and (i)	Failure of forklift or Market- specific Vehicle to remain on designated Vehicle Pathways or Forklift Crossovers where it is reasonably practicable to do so	2
10.1 (g)	Forklifts must be stored in Leased Premises or Designated Forklift Storage Bays	2
10.1 (h)	Operate a forklift to tow without prior written approval of the manufacturer and the MMA	2
10.2	Operating or leave a Truck: in the Trading Complex, Small Vehicle Car Park, Visitor Car Park; or outside designated hours in the National Flower Centre	2	Ejection, Suspension, Cost
10.3	Trollies should not be used in the visitor car park	2
11.1	Restriction on entry of vehicles	1-3	Cost
11.3	Parking infringements	1	Cost
12(a)	Failure to wear hi-vis	2
12(b)	Failure to comply with OH&S Plan and requirements	2-5, depending on severity	Suspension, Ban, Cost depending on circumstances
12(c)	Failure to behave in a manner that preserves the safety of all Persons on Market Land	2-5, depending on severity	Suspension, Ban, Cost depending on circumstances
12(d)	Obstruct essential services	2-5, depending on severity	Cost