Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsNote: A number of expressions used in this instrument are defined in the Act, including the following:
(a) Commission;
(b) corporation;
(c) trade or commerce.
In this instrument:
"Act" means the Competition and Consumer Act 2010 .
"Agriculture Minister" means the Minister administering the Dairy Produce Act 1986 .
"both exclusive supply and a maximum volume" : see subsection 31(2).
"both exclusive supply and tier pricing" : see subsection 32(2).
"Code" means the industry code set out in Division 2 of Part 2.
"cooling-off period" : see subsection 23(2).
"dispute" means a dispute between the parties to a milk supply agreement in relation to a matter arising under or in connection with the agreement.
Note: An example of a matter arising in connection with a milk supply agreement is the termination of the agreement.
"exclusive supply agreement" means a milk supply agreement between a farmer and a processor that prohibits the farmer supplying milk to another processor.
"farmer" means a person that produces, or that may produce, milk.
"Food and Grocery Code of Conduct" means Schedule 1 to the Competition and Consumer (Industry Codes--Food and Grocery) Regulation 2015 .
"industry code" has the meaning given by subsection 51ACA(1) of the Act.
"loyalty payment" , in relation to a milk supply agreement between a processor and a farmer, means an amount payable to the farmer under the agreement because the agreement is not terminated before the end of the supply period of the agreement (whether or not the agreement describes the amount as a loyalty payment, and whether or not the payment is subject to other conditions).
"milk" means milk (within the meaning of the Dairy Produce Act 1986 ) that is unprocessed.
"milk supply agreement" means a contract between a processor and a farmer for the supply of milk.
"minimum price" under a milk supply agreement, for a period, means the lowest price payable under the agreement for milk that meets the processor's milk quality requirements specified in the agreement and that is supplied during the period, disregarding:
(a) loyalty payments; and
(b) any possibility of a temporary reduction in a price in accordance with section 28; and
(c) any fees payable by the farmer under the agreement.
"non-exclusive supply agreement" means a milk supply agreement that is not an exclusive supply agreement.
Ombudsman means the Australian Small Business and Family Enterprise Ombudsman.
"processor" means a corporation that purchases, or that may purchase, milk from farmers, whether or not the corporation processes the milk.
Example: Some cooperatives and milk brokers purchase milk from farmers but don't process milk.
Note: For the extended application of this instrument to processors who are not corporations, see section 6 of the Act.
"publication deadline" : see subsection 12(1).
"purchase" means purchase in trade or commerce.
"retrospective step down" : see subsection 27(2).
"small business entity" : a person is a small business entity for a financial year if the person is a small business entity (within the meaning of the Income Tax Assessment Act 1997 ) for the income year (within the meaning of that Act) corresponding to the financial year.
"supply" means supply (within the meaning of the Act) in trade or commerce.
"supply period" : see section 24.
"unilateral prospective step down" : see subsection 28(2).
"varying" a milk supply agreement has a meaning affected by subsection 36(5).