Commonwealth Consolidated Regulations
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COMPETITION AND CONSUMER (INDUSTRY CODES--DAIRY) REGULATIONS 2019
- made under the Competition and Consumer Act 2010
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Name
3. Authority
4. Simplified outline of this instrument
5. Definitions
5A. Functions of the Ombudsman relating to the Code
6. Reviews
PART 2--DAIRY--INDUSTRY CODE
Division 1--Introduction
7. Mandatory industry code in Division 2
8. Exception for processors that are small business entities
9. Obligations of farmers
10. Interaction with Food and Grocery Code of Conduct
Division 2--Dairy industry code
Subdivision A--Processors and farmers must deal in good faith
11. Obligation to deal in good faith
Subdivision B--Processors must publish standard forms of milk supply agreements
12. Requirement to publish standard forms of agreements each 1 June
13. Published standard forms of agreements must comply with Code
14. Published standard forms of agreements must include statements of justifications for minimum prices
15. Published standard forms must be genuine
Subdivision C--Requirements for milk supply agreements
16. Requirement to have milk supply agreements
17. Requirement for milk supply agreements to comply with Code
18. Written records of unwritten milk supply agreements
19. Written records of unwritten variations of milk supply agreements
20. Written records of unwritten terminations of milk supply agreements
Subdivision D--Contents of milk supply agreements
21. Purpose of this Subdivision
22. Written milk supply agreements
23. Cooling - off period
24. Supply periods
25. Quality and quantity of milk
26. Minimum price
27. Minimum price--retrospective step downs prohibited in all circumstances
28. Minimum price--unilateral prospective step downs prohibited except in limited exceptional circumstances
29. Fees for services
30. Transfer of ownership
31. Combining exclusive supply and a maximum volume prohibited
32. Combining exclusive supply and tier pricing prohibited
33. Varying milk supply agreements unilaterally
34. Terminating milk supply agreements unilaterally
35. Loyalty payments
36. Extensions
Subdivision E--Other matters relating to milk supply agreements
37. Other terms
38. Emerging trading and marketing arrangements
39. Penalties for retrospective step downs
40. Penalties relating to unilateral variations and terminations
41. Application of termination of agreement
42. Penalties for withholding loyalty payments
Subdivision F--Complaints and disputes
43. Milk supply agreement must provide for complaint handling procedure and mediation and may provide for arbitration
46. Resolving complaints and disputes--general
47. Dealing with complaints in accordance with internal complaint handling procedure
48. Mediation
49. Termination of mediation
50. Costs of mediation
51. Arbitration
52. Termination of arbitration
53. Costs of arbitration
54. Confidentiality requirements
Subdivision G--Records and reporting
55. Record - keeping requirements
56. Report on disputes
PART 3--APPLICATION--AND TRANSITIONAL PROVISIONS
Division 1--Application of this instrument
57. Milk supply agreements entered into before 1 January 2020
58. No acquisition of property otherwise than on just terms
Division 2--Amendments made by the Competition and Consumer (Industry Codes--Dairy) Amendment (2023 Measures No. 1) Regulations 2023
59. Application of amendments made by the Competition and Consumer (Industry Codes--Dairy) Amendment (2023 Measures No. 1) Regulations 2023
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