Conditions of Entry and Membership
CONDITIONS OF ENTRY
1. BACKGROUND
These Conditions of Entry apply to all users who enter the Market including Tenants, Licensees, contractors, transport companies, buyers and their employees and agents. All entrants to the Market must comply with these Conditions of Entry as varied by the Melbourne Seafood Centre from time to time.
2. DEFINITIONS
For the purpose of these Conditions of Entry, the following words have the following meanings unless the contrary intention appears:
“Market” means all the land and improvements known as the Melbourne Seafood Centre.
“Tenant” means a person granted a lease or licence to occupy a site at the Market and where the context requires includes any agents, employees, contractors, subcontractors, invitees or customers of the tenant. A list of the current Tenants is attached to Annexure A.
“Sell” means:
Sell barter or exchange
Agree to sell barter or exchange
Offer or expose for sale barter or exchange
Send, forward, deliver or receive for or sale barter or exchange;
Keep or have in possession for sale barter or exchange
Attempt any such things
“Sale” or “sold” have a corresponding meaning.
“Stall” refers to one of the stalls at the Market.
3. OBLIGATIONS
Persons must not:
General Obligations:
3.1. Sell any goods or services in the Market unless that person has been granted a lease, licence or other form of written authority from the MSFC to do so.
3.2. Receive, take possession of, buy, order or collect fish from any person other than a Tenant.
3.3. Advertise, promote, distribute any marketing material within the Market without the written authority of MSFC management.
3.4. Enter the Market, prior to 4.30am without authorisation.
3.5. Enter the Market without wearing protective clothing including aprons and hair nets, washing hands and passing through the boot cleaning facilities.
3.6. Enter the Market or the site for any reason whatsoever unless wearing a reflective safety vest to Australian Standards AS/NZS 1906.4 and 9602 (or if those standards are no longer current, such other standards as are current) and waterproof footwear with enclosed toes and non-slip soles.
3.7. Cause any nuisance in the Market or interfere in any way with Market operations.
3.8. Engage in any offensive, abusive, threatening, intimidating or aggressive behaviour in the Market.
3.9. Bring into the Market any pets or live animals (except for live seafood).
3.10. Smoke in any building within the Market.
3.11. Be under the influence of or consume illicit drugs or alcohol in the Market.
3.12. Behave or act in a manner which in the opinion of MSFC is injurious to the public image and reputation or the Market or MSFC.
3.13. Urinate, spit or defecate in the Market except in the public conveniences provided.
Vehicles
3.14. Drive any vehicle at a speed in excess of 8kph anywhere in the Market.
3.15. Access any unauthorised area at the Market.
3.16. Fail to comply with any directions given by the Landlord pursuant to any traffic management plan in relation to the use and movement of vehicles in the Market.
3.17. Only use the authorised loading zone areas at the market for delivery of produce to the Tenants during the periods authorised by the MSFC or authorised officer.
3.18. Conduct any maintenance to, repair, clean or wash any vehicles in the Market.
3.19. Fail to comply with the MSFC’s Rules and Regulations for Operation of Fork Lifts
3.20. When requested to do so, fail or refuse to:
3.20.1. grant MSFC Management access to inspect any vehicle entering the Market; or
3.20.2. produce supporting documentation including but not limited to receipts, invoices and dockets, associated with any goods delivered to or purchased from the Market.
Refuse and Rubbish
3.21. Deposit at the Market any household or industrial rubbish or any waste not emanating from the Tenant’s use of the Stall.
3.22. Discard any waste waters, trade wastes or other prohibited liquids into drainage in the Market car park.
MSFC Management and Staff
3.23. Fail, refuse or neglect to comply with any reasonable direction from MSFC Management and Staff and its contractors.
3.24. Obstruct MSFC Staff in the course of their duties.
4. POWER TO PROHIBIT ENTRY
4.1. Where in the opinion of MSFC or its staff a person has contravened or failed to comply with the Conditions of Entry, MSFC or its staff may, in its discretion, do any one of the following:
4.1.1. deny entry to the Market;
4.1.2. require a person to vacate the Market.
*Paragraph 4.1. does not limit MSFC’s right to exclude any person from the Market for any reason it, in its absolute discretion, deems appropriate.
5. POWER TO VARY CONDITIONS OF ENTRY
5.1. MSFC reserves the right to vary or alter these Conditions of Entry at any time in its absolute discretion.
6. PRIMESAFE AND THE MELBOURNE SEAFOOD CENTRE.
6.1. The food safety and licencing body, PrimeSafe, imposes requirements upon licensees to operate as wholesalers. These requirements are primarily directed at ensuring public health requirements of the Seafood Safety Act 2003 are fulfilled.
6.2. You agree to comply with the Seafood Safety Act 2003 and PrimeSafe’s conditions and requirements at all times when you or any of your agents are at the Market. MSFC reserves the right to refuse entry and to evict any person that fails to comply with these requirements and you hereby agree to release and indemnify MSFC from all claims or demands if you fail to comply with these requirements. It is your responsibility to make your own enquiries in relation to these requirements. The requirements of the Seafood Safety Act 2003 and PrimeSafe’s conditions are hereby deemed to form part of the Conditions of Entry to the Market that must be complied with to the MSFC’s satisfaction under these Conditions of Entry.
CONDITION OF MEMBERSHIP
1. BACKGROUND
Melbourne Seafood Centre Pty Ltd (MSFC) is responsible for the management and operation of the Market. MSFC made these Conditions of Membership to ensure the good order and conduct of the Market and in particular to:
1.1. Protect the safety and well-being of all people in the Market.
1.2. Ensure compliance with all relevant laws, especially those relating to health, safety and environmental protection.
1.3. Make the Market attractive to all who work at and visit it.
2. OBLIGATIONS
Members must:
2.1. comply with these Conditions of Membership;
2.2. comply with the Conditions of Entry at all times, including complying with all food safety and licencing requirements of PrimeSafe, as set out more particularly in the Conditions of Entry;
2.3. ensure that any of the Member’s agents, contractors, guests, buyers or visitors comply with the Conditions of Entry, and are given a copy of, and comply with, the Conditions of Entry. Any contravention of the Conditions of Entry by an agent of the Member, shall be deemed to be a contravention by the Member.
3. POWER TO SUSPEND OR REVOKE MEMBERSHIP
3.1. Where in the opinion of MSFC or its staff, a Member has contravened or failed to comply with the Conditions of Membership, MSFC or its staff may, in its discretion, revoke or suspend the person’s membership of the MSFC and refuse entry to the Market.
4. MEMBERSHIP FEE
4.1. The Member must pay the application fee and the annual Membership fee to be a Member of the Market. The fee must be paid in accordance with any requirements of the MSFC.
4.2. The amount for the application fee and the annual Membership fee is set out in Annexure B and may be varied by the MSFC.
4.3. In consideration of payment of the fee by the Member, MSFC agrees to grant the Member the right to use the Market for the purposes of delivery, inspection and purchase of wholesale seafood products, subject to these Conditions of Membership.
5. POWER TO VARY CONDITIONS OF MEMBERSHIP
5.1. MSFC reserves the right to vary these Conditions of Membership at any given time.
Annexure A
Tenants of the MSFC
Stall 1 – Mclaughlins Consolidated Fishermen Ltd
Stall 2 - Clamms Seafoods Pty Ltd
Stall 3 - Regal Seafoods
Stall 4 - Sea Merchant Seafoods Pty Ltd
Stall 5 - Jack Miriklis Pty Ltd
Stall 6 - S & J Seafood Supply No 2 Pty Ltd
Stall 7 - Aquabest Pty Ltd
Stall 8 - Aquabest Pty Ltd
Stall 9 - Tim & Terry Oyster Supply Pty Ltd
Stall 11 - ANZ Fisheries
Stall 12 - Sea Quest Seafoods
Annexure B
Membership Application Fee $59.00 (inc GST)
Annual Membership Fee $440.00 (inc GST)
DECLARATION
The above information is furnished for the purpose of applying for Membership of the Melbourne Seafood Centre (MSFC).
I / We (being the applicant and all nominated representatives of the applicant), understand and agree that should membership be granted, I / We agree to comply with all terms and conditions described in the Conditions of Membership.
I / We understand and agree that the MSFC, at its sole discretion and with immediate effect, has the right to suspend or revoke membership and refuse entry to the MSFC as a result of any non-compliance with the Conditions of Membership. No portion of the Membership fee will be refunded in this case.
I / We hereby certify that the information provided in this application form is true and correct at the date of this application. I / We agree to keep MSFC informed as to any changes in the information.
I / We understand that the collection of the information in this application form is subject to MSFC’s privacy policy, which is available upon request.
I / We agree to pay a one-off, non-refundable, application fee of $59.00 (inc GST).