13. By-laws

    (1) The Authority may make by-laws for all or any of the following purposes

    (1) The general conduct of its business and proceedings;

    (2) The control, supervision, and guidance of Authority officials and any person engaged to do things on behalf of the Authority;

    (3) Regulating the use, leasing, letting, and occupation of the markets established under this Act;

    [(3a)-(3d) deleted]

    (3e) Requiring any person delivering general produce to the public market or any branch thereof to furnish the Authority with such information relating to the general produce so delivered as may be prescribed and providing that no such information shall be divulged by the Authority or any of its members, by any person engaged to do things on behalf of the Authority, or by any Authority official except for such purposes and in such manner as may be prescribed;

    (4) Regulating the conduct of persons using the market, resorting thereto, or buying or selling therein;

    (4a) Regulating vehicular and pedestrian traffic in the market or any branch of the market and prohibiting or regulating the parking or standing of vehicles or vehicles of a specified class in all parts, or in any specified part, of the market or a branch of the market, at all times or at specified times;

    (4b) Providing for the erection of, and requiring obedience to the directions of, traffic signs, relating to the movement of vehicles or persons and the standing or parking of vehicles, within the market or any branch of the market;

    (4c) Empowering an inspector to require of a person reasonably believed to have committed an offence against the by-laws his name and address, and providing an offence for the refusal or failure to comply with such a requirement;

    (4d) Subject to subsection (2b), providing for the registration of forklifts used within the public market and the licensing of drivers of such forklifts;

    [(4e) and (4f) deleted]

    (4g) Exempting any person or vehicle or class of person or class of vehicle from complying with any by-law prohibiting or limiting the parking or standing of vehicles generally or otherwise and authorising a specified Authority official to waive the prosecution of a person for an offence against the by-laws;

    (4h) Prescribing forms for use under the by-laws;

    (4i) Prescribing offences for the purposes of sections 13A to 13C by setting out the offences or by reference to the provisions contravention of which constitutes the offences, and, in respect of each such offence, prescribing the penalty, or different penalties according to the circumstances by which the offence is attended, applicable if the offence is dealt with under that section but so that no such penalty exceeds $1 000;

    (5) Regulating the method of selling in the market, and preventing every kind of fraudulent device in relation to the sale of marketable commodities, and prescribing that sales by auction or otherwise may be conducted by Authority officials;

    (6) Preventing and suppressing nuisances and enforcing cleanliness in and in connection with such market, and for providing for and regulating the storage, removal, treatment, and disposal of garbage, offal, waste, and sewage;

    (7) Prescribing how and by whom and under what conditions and restrictions such market, or any part thereof, may be used and occupied;

    (8) Providing for the inspection, seizure, and destruction of produce, products, and provisions unfit for sale;

    (9) Prescribing, levying, and collecting rents, tolls, fees, and charges for the use of such market and any part thereof; and

    (10) Generally for carrying into effect the provisions of this Act:

    Provided that such by-laws shall be subject to the approval of and confirmation by the Governor.

    (2) The Authority may, by such by-laws, fix a maximum penalty for every offence against such by-laws or any of them not exceeding $2 000.

    [(2a) repealed]

    (2b) A by-law made pursuant to subsection (1)(4d)

    (a) may prescribe a charge for the issue of identification plates for forklifts and for the training of persons seeking a licence to drive a forklift;

    (b) shall not prescribe any fee or charge for the registration of forklifts or the licensing of drivers.

    (3) If there shall be any inconsistency between any by-law made under this Act and any local law made under the Local Government Act 1995 the former shall prevail and the latter shall, to the extent of the inconsistency, become or be invalid.

    [Section 13 amended by No. 113 of 1965 s.8; No. 73 of 1969 s.4; No. 25 of 1977 s.3; No. 77 of 1981 s.9; No. 64 of 1984 s.3; No. 20 of 1989 s.3; No. 6 of 1990 s.8; No. 12 of 1995 s.9; No. 14 of 1996 s.4; No. 70 of 2003 s. 45.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.