Home
Condition of Entry

Condition of Entry

Sydney Markets Limited

ABN 51 077 119 290
of Level 3, Market Plaza Building, Parramatta Road, SYDNEY MARKETS NSW 2129

Introduction

A) SML is responsible for the management and operation of the Markets.

B) You enter the Markets pursuant to these Conditions.

C) SML made these Conditions for the good order and conduct of the Markets. In particular, SML’s objectives are to:

protect the safety and well being of all people present in the Markets;
make the Markets attractive to all users; and
foster the continued growth and prosperity of the Markets.

D) If You breach these Conditions, SML will suffer or incur Damages and You are required under these Conditions to compensate SML for these Damages. The pre-estimates of Damages set out in the Schedule are the minimum Damages to be suffered or incurred by SML as a result of a Non-compliance of these Conditions by You. If You breach these Conditions You must compensate SML for actual Damages sustained or suffered by SML, which may be greater than the Damages in the Schedule.

E) If You disagree with these Conditions or are not prepared to comply with them, You should not enter or remain in the Markets.

PART A – DEFINITIONS & INTERPRETATION

1. Definitions

In these Conditions:

Approved Forklift means a Forklift:

(a) the subject of a current SML Forklift Approval; and

(b) displaying a label issued by SML in a prominent position indicating that the Forklift is the subject of a current SML Forklift Approval;

Authorised Officer means any person recorded as such on the SML Authorised Officers' list;

Authority means any:

(a) government or governmental, semi-governmental or judicial authority; or

(b) minister, department, office, commission, delegate, instrumentality, agency, board, authority or organisation of any government,
and includes any regulatory organisation established under statute;

Common Area means those parts of the Markets provided for common use, including but not limited to roads, unreserved car parking areas, footpaths, access ways, entrances, stairs, elevators, toilets and loading docks;

Comply Notice means a notice issued to You in accordance with Rule 15 in the event of a Non-compliance, which:

(a) requires the Non-compliance to be rectified; and

(b) advises the Damages relating to the Non-compliance;

Conditions means these Conditions of Entry for the Markets;

Damages means any damage, expense or loss suffered or incurred or to be suffered or incurred by SML or for which SML is responsible or liable in relation to a Non-compliance, including:

(a) bringing the Non-compliance to your attention by way of a Comply Notice;

(b) carrying out any repair or replacement or any other reasonably necessary act to remedy or attempt to remedy the Non-compliance;

(c) notification to any Authority or taking any steps considered by SML to be necessary in connection with the Non-compliance; and/or

(d) communicating or dealing with You in relation to the Non-compliance;

Dispute Notice has the meaning given in Rule 18;

Environment means:

(a) land, air and water;

(b) any layer of the atmosphere;

(d) human-made or modified structures and areas,
and includes interacting natural ecosystems that include components referred to in paragraphs (a)–(c);

Environmental Law means any law that has the effect of controlling, prohibiting or otherwise regulating the impact of activities on the Environment and includes without limitation the following statutes and the regulations made pursuant to them:;

(a) Protection of the Environment Operations Act 1997; ;

(b) Contaminated Land Management Act 1997; and ;

Equipment means bins, boxes, mobile offices, cartons, containers, packaging materials, tables, counters, racks, buckets, scales, pallets, trolleys, plant and machinery or any other item determined by SML to be equipment;

Forklift means a forklift or other motorised vehicular device, including those powered by electric motors, used or intended to be used for the loading, unloading or handling of Goods;

Forklift Application means an application by You to SML for a SML Forklift Approval in respect of a Forklift made in accordance with the procedure determined at any time by SML;

Goods means goods, farm produce and merchandise of any description;

Liquid Waste means any liquid, and any substances contained in it, which may be produced or brought on or into the Markets from an industrial or commercial activity and which is unwanted or surplus and is to be discarded;

Markets means any land including the Common Areas, buildings, structures and property used, owned and/or controlled by SML, including but not limited to the land known as Sydney Markets at Flemington and the land known as Sydney’s Paddy's Markets at Haymarket;

Non-compliance means any non-compliance with these Conditions;

Occupancy Agreement means an occupancy agreement entered into between SML and a standholder, storeholder, lessee or licensee or otherwise determined by SML to apply in respect of that person's use and occupation of any part of the Markets;

Occupier means a person in the Markets pursuant to an Occupancy Agreement;

Offensive Noise means noise:

(a) that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances:

is harmful to (or is likely to be harmful to) any person; or
interferes unreasonably with (or is likely to interfere unreasonably with) any person; or

(b) that is of a level, nature, character or quality prescribed by Environmental Law;

Pollution means:

(a) the introduction of any matter, whether solid, liquid or gas, into the Environment so that the material exceeds any relevant standard prescribed by Environmental Law and, in circumstances where no standard is prescribed, the introduction of that matter into the environment in any quantity; and

(b) Offensive Noise;

Schedule means the schedule to these Conditions which may be varied at any time by SML;

Sell or Sale includes:

(a) barter or exchange;

(b) agree to Sell, barter or exchange;

(d) send, forward or deliver for Sale, barter or exchange;

(e) have in possession for Sale, barter or exchange;

(f) cause or suffer to be sold, bartered, exchanged, offered for Sale, exposed for Sale or sent, forwarded or delivered for Sale, barter or exchange; and

(g) attempt to Sell, barter, exchange, expose for Sale or send, forward or deliver for Sale, barter or exchange;

SML means Sydney Markets Limited ABN 51 077 119 290;

SML Forklift Approval means a Forklift:

(a) the subject of a successful Forklift Application;

(b) inspected and approved by SML for use in the Markets for the period of the approval, subject to any conditions imposed by SML on the approval; and

(c) in respect of which the fee determined by SML at any time for the approval referred to in paragraph (b) has been paid;

Vehicle means any device, including a Forklift, for the transportation or carriage of persons or Goods and includes any equipment attached to the device;

Warning Notice has the meaning given in Rule 14;

Waste includes:

(a) any substance that is discharged, emitted or deposited in the Environment in such volume, constituency or manner as to cause an alteration in the Environment;

(b) any discarded, rejected, unwanted, surplus or abandoned substance;

(c) any otherwise discarded, rejected, unwanted, surplus or abandoned substance intended for Sale or for recycling, reprocessing, recovery or purification by a separate operation from that which produced the substance; or

(d) any other substance prescribed by these Conditions to be waste; and

You means any person entering the Markets other than a standholder, storeholder, lessee or licensee pursuant to an Occupancy Agreement.

2. Interpretation

In these Conditions unless the context requires otherwise:

(a) the singular includes the plural and vice versa;

(b) a gender includes the other genders;

(d) a reference to a thing includes a reference to a part of that thing;

(e) a reference to a document includes the document as modified at any time and any document replacing it;

(f) a reference to a Business Day means a day on which banks are open for retail banking business other than a Saturday or Sunday in Sydney and if something is to be done on a day which is not a Business Day then that thing must be done on the next or following Business Day;

(g) the word "person" includes a natural person and any body or entity whether incorporated or not;

(h) the word "month" means calendar month and the word "year" means twelve months;

(i) the words "in writing" include any communication sent by letter, facsimile transmission, telegram or electronic mail;

(j) a reference to any statute, proclamation, rule, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, regulation or ordinance replacing it. A reference to a specified section, clause, paragraph, schedule or item of any statute, proclamation, rule, regulation or ordinance means a reference to the equivalent section of the statute, proclamation, rule, regulation or ordinance which is for the time being in force;

(k) wherever "include" or any form of that word is used it must be construed as if it were followed by "(without being limited to)";

(l) a reference to any agency or body, if that agency or body ceases to exist or is reconstituted renamed or replaced or has its powers or functions removed ("defunct body"), means the agency or body which performs most closely the functions of the defunct body;

(m) a reference to a Party includes that Party's successors and permitted assigns; and

(n) a reference to dollars is a reference to Australian dollars.

PART B – BEHAVIOUR IN THE MARKETS

3. Entry to the Markets

3.1 No entry to Markets when Markets are closed You must not enter or be in any part of the Markets when that part of the Markets is closed to the public.

3.2 Exception to Rule 3.1 Sub-rule 3.1 does not apply if You are permitted by SML or an Authorised Officer to enter or be in the Markets or that part of the Markets at times when they are closed.

4. Vehicles in the Markets

4.1 No Vehicles if Markets are closed No Vehicles may enter or be in any part of the Markets when that part of the Markets is closed or is closed to vehicles as notified at any time by SML.

4.2 Exception to Rule 4.1 Sub-rule 4.1 does not apply to a Vehicle permitted by SML or an Authorised Officer to enter or be in the Markets or that part of the Markets at times when they are closed.

4.3 Entry charge You must not drive or bring a Vehicle into the Markets unless You have paid the charge determined and notified by SML at any time in respect of the entry into the Markets of that Vehicle.

4.4 Entry may be refused A Vehicle may not enter the Markets if it is carrying Goods or material not authorised by SML to be brought into the Markets and SML may refuse entry to such Vehicles.

5. Goods in the Markets

5.1 Prohibited Goods and Equipment You must not, without the written permission of an Authorised Officer, bring or cause or permit to be brought into the Markets (or place or cause or permit to remain in the Markets) any Goods or Equipment or class of Goods and Equipment as SML may determine and notify at any time.

5.2 Goods must be for Sale You must not bring into the Markets, or place or display in the Markets (or cause to be brought into, placed or displayed in the Markets), any Goods You intend to Sell in the Markets otherwise than to an Occupier.

5.3 Directions of SML If You have brought Goods and Equipment into the Markets or possess or control Goods or Equipment (whether for Sale or otherwise) in the Markets, You must, in accordance with any direction of an Authorised Officer, immediately remove those Goods or Equipment from the Markets.

6. Behaviour in the Markets

6.1 Prohibited behaviour

You must not in the Markets behave in a noisy, noxious, noisome, offensive, unlawful or illegal manner, and specifically must not in the Markets:

(a) be under the influence of intoxicating liquor or a drug (other than a drug prescribed for your medication);

(b) smoke any substance or any cigar, cigarette, pipe or other device in an area of the Markets SML has designated as an area in which smoking is prohibited;

(d) behave in a dangerous, disorderly or offensive manner or in a manner that causes or is likely to cause interference, nuisance, disturbance, annoyance or inconvenience to SML or any other person in the Markets or adjacent land;

(e) obstruct or cause obstruction to another person;

(f) gamble, operate or play games of chance, including but not limited to cards, lotteries, raffles, guessing competitions and lucky dips;

(g) solicit money or any other thing without the written permission of an Authorised Officer;

(h) display or distribute a handbill, placard, notice, sign, advertisement, paper or thing without the written permission of SML; or

(i) obstruct, prevent, hinder or interfere with an Authorised Officer or other employee of SML in the exercise of any of his or her functions.

6.2 Selling in the Markets

You must not Sell in any part of the Markets

6.3 Prohibited Goods

Without limiting sub-rule 6.2, You must not have in your possession or under your control in the Markets:

(a) pirate Goods, including but not limited to audio/video cassettes, compact discs and video games;

(b) drugs, drug literature, items displaying or featuring drugs (including clothing that depicts drug messages or scenes) or items intended for the administration or drugs;

(d) Goods that infringe intellectual property rights;

(e) indecent or obscene items or publications;

(f) laser pointers;

(g) fireworks;

(h) liquor;

(i) Goods that cannot be sold by law;

(j) Goods notified by SML in writing at any time to be prohibited goods; and

(k) Goods, items or publications that in the reasonable opinion of SML

discriminate on the grounds of race, gender, sexual preference, disability, age or religion.

Interference with property

You must not:

(a) use or move;

(b) interfere or tamper with;

(d) use for a purpose other than that for which it is provided,
any property of SML, and in particular any equipment provided in the interests of health and safety or environmental control, in the Markets except with the written permission of SML.

PART C – MARKETS SAFETY

7. Obligation to Ensure Safety

7.1 Safety first

You must behave in a manner that is consistent with the safety of all persons in the Markets.

7.2 Bringing machinery into the Markets

You must not bring (or cause or permit to be brought) plant or equipment into the Market otherwise than as approved by an Authorised Officer.

7.3 Obstructions to common areas

You must not place any Goods or Equipment or in any other way obstruct, or cause to be obstructed, Common Areas.

7.4 Fire equipment

You must not in any way:

(a) obstruct, or cause to be obstructed, any access to fire exits, fire doors or fire-fighting equipment; and

(b) use fire-fighting equipment for a purpose other than the intended purpose.

8. Vehicles

8.1 Registration

You must not bring into, possess, control, drive or operate an unregistered Vehicle in the Markets if that Vehicle would be required to be registered under the Road Transport (Vehicle Registration) Act 1997 in order to be driven on a road as defined under that Act.

8.2 Licensed drivers

You must not control, drive or operate a Vehicle in the Markets unless You are licensed under the Road Transport (Driver Licensing) Act 1998 to drive the Vehicle on a road as defined under that Act. You must carry your licence at all times and produce this licence to an Authorised Officer on demand.

8.3 Wearing of helmets

You must not ride a motorcycle or bicycle in the Markets without wearing a helmet:

(a) in accordance with the manufacturer’s instructions for the wearing of that helmet (including fastening the strap); and

(b) that is approved for that motorcycle or bicycle under the Road Transport (Safety and Traffic Management) (Road Conditions) Regulation 1999.

8.4 Markets are deemed to be a public road

This Rule 8 applies whether or not a road within the Markets is defined as a road under the above mentioned Acts.

9. Use of Vehicles

9.1 Vehicles to be driven safely

You must not drive, wheel or operate a Vehicle in the Markets:

(a) in a dangerous or negligent manner;

(b) in excess of the speed limits determined and notified by SML; or

(c) subject to paragraphs (a) and (b), otherwise contrary to a direction given by an Authorised Officer or as determined and notified by SML.

9.2 Vehicles not to be left running

If you drive or operate in the Markets a Vehicle which is propelled by means of a motor or engine You must, as soon as that Vehicle is no longer being driven or operated, or immediately in accordance with a direction given by an Authorised Officer, stop the motor or engine.

10. Parking of Vehicles

10.1 Use of car parking areas only

You must not park or stand a Vehicle in the Markets:

(a) in an area other than an area which SML has determined and notified as a parking area;

(b) otherwise than in such direction and within such limits as SML has determined and notified; or

10.2 Display of permit

You must not park or stand a Vehicle in the Markets without displaying in the Vehicle (so that it can be seen and read from outside the Vehicle) the receipt or other document issued by SML on the payment of the charge under Rule 4.

11. Further Requirements for Forklifts

11.1 Approved Forklift

In addition to the requirements under Sub-rule 8.1, You must not bring into, possess, control, drive or operate a Forklift in the Markets, or cause a Forklift to be driven or operated in the Markets, unless the Forklift is an Approved Forklift.

11.2 Conditions on SML Forklift Approvals

An SML Forklift Approval is subject to the conditions endorsed on the approval. These must be complied with at all times.

11.3 Transfer of SML Forklift Approvals

If You have a SML Forklift Approval, You must not transfer that approval to any other person unless:

(a) SML approves of the transfer; and

(b) the charge determined and notified by SML in respect of a transfer of a SML Forklift Approval is paid to SML.

11.4 Cancellation of SML Forklift Approval

SML may cancel the Forklift Approval in the following circumstances:

(a) the Forklift is no longer registered under the Road Transport (Vehicle Registration) Act 1997;

(b) the Forklift Approval was issued in error or in consequence of false information given by You;

(c) SML considers the standard or condition of the Forklift is such as to be likely to cause injury to any person or property; or

(d) SML is satisfied (for any other reason) that it would not grant a further Forklift Approval in respect of the Forklift if application for a further Forklift Approval was made.

The cancellation is effected by SML serving a written notice of cancellation on the holder of the Forklift Approval.

11.5 Certificate of Competency

In addition to the requirements under Sub-rule 8.2, if You control, drive or operate a Forklift in the Markets You must:

(a) hold a Certificate of Competency in force under the Occupational Health and Safety Regulation 2001, or if a trainee referred to in Part 9 of that regulation, maintain a written record of training in accordance with clause 275 of that regulation; and

(b) hold any other authorisation as may be required and notified by SML.

11.6 Produce Certificate of Competency on request

In addition to the requirements under Sub-rule 8.2, if You control, drive or operate a Forklift in the Markets You must:

(a) carry Certificate of Competency or written record of training and any other authorisation required by SML at all times; and

(b) produce this Certificate of Competency or written record of training or any other authorisation required by SML to an Authorised Officer on demand.

PART D – MARKETS CLEANLINESS AND HYGIENE

12. General Requirements

12.1 No dumping of rubbish

You must not dump, throw, deposit or place (or cause to be dumped, thrown, deposited or placed) any Waste or Liquid Waste in the Markets.

12.2 Your obligation to avoid Pollution

You must store, handle and manage all Goods and other materials while in the Markets in a proper and efficient manner so as to avoid causing Pollution in the Markets. Without limiting the operation of this clause:

(a) all solid materials are to be stored in containers that are fit for the purpose;

(b) all liquids are to be stored in containers that are fit for the purpose;

(d) all waste generated in the Markets by You remains your property and must be removed from the Markets by You.

12.3 Odours, rats and vermin

You must not bring into the Markets or cause:

(a) any noxious or offensive odour or smell; or

(b) rats, cockroaches or other vermin.

12.4 Equipment management

All equipment (including Vehicles) used by You in the Markets is to be operated in a proper and efficient manner so as to avoid causing Pollution.

12.5 Maintenance of Vehicles

You must not wash, maintain, repair or service a Vehicle, motor or engine (or any part of a Vehicle, motor or engine) in the Markets.

12.6 Drains

You must not dispose of:

(a) fats and oils of any type or nature;

(b) liquids containing fats or oils;

(d) other Liquid Waste that would cause pollution,

in any sewer, sink, drain or pipe in the Markets.

12.7 Use of toilet facilities

You must:

(a) not spit, urinate or defecate in the Markets except in the toilet facilities provided by SML for this purpose; and

(b) leave the toilet facilities clean after use.

12.8 Notification of spill

If you undertake an activity which leads to the discharge of material into the Environment, either directly or otherwise, You must immediately notify SML.

12.9 Removal of food waste

You must not interfere with or remove any food waste from the Markets unless authorised to do so by SML or an Authorised Representative.

13. Animals, Birds, Fish and Reptiles

13.1 Animals not permitted

You must not, except with the written permission of SML, bring into the Markets or possess or control in the Markets a live animal, live bird, live fish or live reptile.

13.2 If animals are permitted

If You bring into the Markets or possess or control in the Markets a live animal, live bird, live fish or live reptile in accordance with the written permission of SML, You must keep it under proper control at all times.

PART E – NON-COMPLIANCE AND DAMAGES

14. Warning Notices

14.1 Issuing a Warning Notice

SML may at its discretion following a Non-compliance issue a warning notice to You in lieu of a Comply Notice (Warning Notice):

(a) identifying the Non-compliance committed by You and the date, time and location of that Non-compliance;

(b) requiring compliance with the Conditions by You; and

You are required to comply with the Warning Notice. Any failure to do so will be considered a further Non-compliance and will result in the issue of a Comply Notice in respect of the original Non-compliance and this further Noncompliance.

14.2 No Damages

You are not required to pay Damages following a Non-compliance if SML in its discretion issues a Warning Notice in lieu of a Comply Notice. Notwithstanding this clause, if SML subsequently determines the Noncompliance caused it to suffer loss or damage, it may seek compensation from You for this damage or issue a Comply Notice in respect of the same Noncompliance.

15. Comply Notices

15.1 Form of Comply Notice

In the event of a Non-compliance the Authorised Officer may issue a notice to You (Comply Notice):

(a) identifying the Non-compliance committed by You and the date, time and location of that Non-compliance;

(b) requiring compliance with the Conditions by You;

(d) stating the Damages incurred or suffered or to be incurred or suffered by SML as a result of the Non-compliance and requiring payment of the Damages.

15.2 Serving of Comply Notices

A Comply Notice may be served by SML hand delivering it to You or posting it by normal mail to your address.

15.3 Action by You

Following receipt of the Comply Notice You must:

(a) remedy the Non-compliance committed by You (if capable of remedy) within the reasonable period set out in the Comply Notice;

(b) observe and comply with these Conditions; and

16. Failure to Comply

16.1 Non-compliance

If You:

(a) fail to comply with a Comply Notice and do not issue a Dispute Notice; or

(b) issue a Dispute Notice and fail to comply with the reinstated Comply Notice issued pursuant to sub-rule 18.3(b), then You will be considered to be in further Non-compliance.

16.2 Further action

If You are found to be in further Non-compliance pursuant to sub-rule 23.1, SML may:

(a) increase the Damages in the Comply Notice by any further costs incurred by SML in seeking to recover from You payment of the Damages; and

(b) commence proceedings against You to enforce the Comply Notice without further notice to You.

17. Damages

17.1 Amount of Damages

(a) The Damages set out in the Schedule are reasonable pre-estimates of the Damages likely to be incurred or suffered by SML as a result of any Non-compliance as at 1 October 2002.

(b) The Damages in the Comply Notice may or may not be the Damages set out in the Schedule.

(c) The Damages in the Comply Notice will be the Damages incurred or suffered or to be incurred or suffered by SML as a result of the Noncompliance as quantified by SML.

17.2 Increased Damages

The Damages in the Schedule will be increased by SML under sub-rules 17.3 and 17.4 to reflect the costs incurred by SML of having to increase the level of resources, including but not limited to management time and increased monitoring and supervision, expended where You have demonstrated an unwillingness or inability to comply with these Conditions or pay the Preestimate of Damages.

17.3 Repeat Non-compliances

If You are found by SML to be in Non-compliance of the same rule more than once in a period of time considered unreasonable by SML and demonstrate an unwillingness or inability to comply with these Conditions then the Damages in the Comply Notice for each Non-compliance after the first will at the discretion of SML be greater than the Damages set out in the Schedule.

17.4 Multiple Non-compliances

If You are found by SML to be in Non-compliance of these Conditions more than 3 times in a period of time considered unreasonable by SML and demonstrate an unwillingness or inability to comply with these Conditions then the Damages in the Comply Notice for each Non-compliance after the third breach will at the discretion of SML be greater than the Damages set out in the Schedule.

18. Disputing a Comply Notice

18.1 Dispute Notice

If You are issued with a Comply Notice and You dispute the Non-compliance described in the Comply Notice or the Damages claimed by SML, You may, within 14 days of being issued with the Comply Notice, give notice in writing to SML that You dispute the Comply Notice or the Damages claimed by SML or both (Dispute Notice).

18.2 Content of Dispute Notice

The Dispute Notice must set out the basis on which You dispute the Comply Notice with sufficient detail to enable SML to make a determination as to whether it will accept the Dispute Notice and withdraw the Comply Notice.

18.3 Decision by SML

Within 14 days of receiving the Dispute Notice SML will notify You and advise whether:

(a) the Comply Notice will be withdrawn; or

(b) the Comply Notice is not withdrawn by SML, in which case the

Damages must be paid by You within 14 days of receiving notice that the Comply Notice is not withdrawn.

18.4 Further Damages incurred as a result of Dispute

If SML notifies You pursuant to sub-rule 18.3(b) that the Comply Notice is not withdrawn, then SML may increase the Damages in the Comply Notice by any further costs incurred by SML since the issue of the original Comply Notice.

19. GST

The amounts payable by You to SML for any Supply under these Conditions are exclusive of GST and You must pay any applicable GST at the same time and in the same manner as other amounts payable by You under these Conditions.

PART F – RISK, LIABILITY AND REMOVAL

20. Risk and liability

20.1 Risk

You enter and remain in the Markets entirely at your own risk and SML will not be liable for any loss, damage or injury to You or your property (including any Vehicle or anything in or attached to a Vehicle) arising from or in connection with your use of the Markets.

20.2 Liability

Subject to rule 20.3, to the maximum extent permitted by law, all warranties and conditions which are not expressly stated in the Conditions, are expressly excluded.

20.3 Extent of liability

In the event it is not possible to exclude, restrict or modify any warranties or conditions implied into the Conditions by any statute, then SML's liability is limited to a refund of any monies paid by You to SML in respect of your entry into and use of the Markets.

21. Removal from Markets

21.1 Licence

Your right to enter and use the Markets is a licence only and is revokable by SML for any reason and at any time without notice.

21.2 Direction to leave the Markets

If You contravene any of these Conditions, You must, if directed to do so by an Authorised Officer, immediately leave the Markets with your Goods, Equipment and Vehicles.

21.3 Return to Markets

If You have been directed to leave the Markets pursuant to rule 21.2, You must not enter the Markets again without the permission of an Authorised Officer.

PART G - GENERAL PROVISIONS

22. Identification

On request by an Authorised Officer, You must provide details of your full name, residential address, driver's licence number and Vehicle registration number and such other proof of identity as reasonably requested by an Authorised Officer.

23. Notification by SML

Any notification that SML is required or permitted to make under these Conditions may be made by a notice conspicuously displayed in the Market (or, if the notification relates only to a part of the Market, in that part of the Market).

24. Variation and Withdrawal of Directions

SML may vary or withdraw a direction or written permission given or a determination made pursuant to these Conditions by it or by an Authorised Officer.

25. Further Non-compliances

A Non-compliance is taken to include a contravention of any of the terms and conditions of any written permission, approval, direction or determination given or made under these Conditions.

SCHEDULE

Damages

Rule No.	Short Title of Rule	Pre-estimate of Damages	GST	TOTAL
3.1	No entry to Markets when Markets are closed	$100	$10	$110
4.1	No Vehicles if Markets are closed	$110	$11	$121
4.3	Entry charge	$110	$11	$121
4.4	Entry may be refused	$100	$10	$110
5.1	Prohibited Goods and Equipment	$100	$10	$110
5.2	Goods must be for Sale	$100	$10	$110
5.3	Directions of SML	$100	$10	$110
6.3(a)	Prohibited Goods: Pirated Goods	$100	$10	$110
6.3(b)	Drugs and items relating to drugs	$200	$20	$220
6.3(c)	Firearms, ammunition or other prohibited weapons	$400	$40	$440
6.3(d)	Goods that infringe intellectual property rights	$300	$30	$330
6.3(e)	Indecent or obscene items or publications	$100	$10	$110
6.3(f)	Laser pointers	$100	$10	$110
6.3(g)	Fireworks	$200	$20	$220
6.3(h)	Liquor	$200	$20	$220
6.3(i)	Goods that cannot be sold by law	$300	$30	$330
6.3(j)	Goods notified by SML to be prohibited Goods	$100	$10	$110
6.3(k)	Items or publications that discriminate	$200	$20	$220
6(a)-(c), (f) & (h)	Behaviour in the Markets	$100	$10	$110
6(d)	Behave in a dangerous, disorderly or offensive manner	$150	$15	$165
6(e)	Obstruct or cause obstruction to another person	$150	$15	$165
6(g)	Solicit money or any other thing without 5	$150	$15	$165
6(i)	Obstruct, prevent, hinder or interfere with an Authorised Officer or other employee of SML	$150	$15	$165
6.4	Interference with property	$270	$27	$297
7.1	OH&S Law	$150	$15	$165
7.2	Bringing machinery into the Markets	$100	$10	$110
7.3	Obstructions to Common Areas	$170	$17	$187
7.4	Fire equipment	$220	$22	$242
8.1	Registration	$400	$40	$440
8.2	Licensed Drivers	$400	$40	$440
8.3	Wearing of helmets	$100	$10	$110
9.1(a)	Use of Vehicles in a dangerous or negligent manner	$300	$30	$330
9.1(b)	Use of Vehicles in excess of speed limits	$100	$10	$110
9.1(c)	Use of Vehicles contrary to direction	$100	$10	$110
9.2	Vehicles not to be left running	$100	$10	$110
10.1(a)	Park/stand Vehicle in no parking area	$250	$25	$275
10.1(b)	Park/stand Vehicle otherwise than in authorised direction or limit	$100	$10	$110
10.1(c)	Park/stand Vehicle contrary to direction by an Authorised Officer	$250	$25	$275
10.2	Display of permit	$110	$11	$121
11.1	Approved Forklift	$250	$25	$275
11	Conditions on SML Forklift Approvals	$250	$25	$275
11	Transfer of SML Forklift Approvals	$100	$10	$110
11.5	Certificate of Competency	$200	$20	$220
11.6	Produce Certificate of Competency on request	$100	$10	$110
12.1	No dumping of rubbish <½ pallet rubbish ½-1 pallet rubbish >1 pallet rubbish	$140 $310 not possible to pre-estimate	$14 $31	$154 $341
12.2	Occupier’s obligation to avoid Pollution	$220	$22	$242
12.3	Odours, rats and vermin	$100	$10	$110
12.4	Equipment management	$150	$15	$165
12.5	Maintenance of Vehicles	$270	$27	$297
12.6	Drains	$220	$22	$242
12.7	Use of toilet facilities	$220	$22	$242
12.8	Notification of spill	$100	$10	$110
12.9	Removal of food waste	$100	$10	$110
13.1	Animals not permitted without written permission	$100	$10	$110
13.2	Permitted animals must be kept under proper control	$100	$10	$110
15.3(a)	Failure to remedy Non-compliance within reasonable period	$100	$10	$110
15.3(c)	Failure to pay Damages within 21 days	$160	$16	$176