Commonwealth Consolidated Regulations

COMPETITION AND CONSUMER (INDUSTRY CODES--DAIRY) REGULATIONS 2019 - REG 55

  (1)   A processor that is a party to a milk supply agreement with a farmer must keep the originals, or copies, of the following records for the period mentioned in subsection   (3):

  (a)   if the agreement is in writing--the agreement;

  (b)   if the agreement is not in writing:

  (i)   the record of the contents of the agreement made under paragraph   18(2)(a); and

  (ii)   the acknowledgement (if any) obtained from the farmer under paragraph   18(2)(c);

  (c)   if the agreement is varied in writing--the variation;

  (d)   if the agreement is varied other than in writing:

  (i)   the record of the variation made under paragraph   19(2)(a); and

  (ii)   the acknowledgement (if any) obtained from the farmer under paragraph   19(2)(c);

  (e)   if the agreement is terminated in writing--the termination;

  (f)   if the agreement is terminated other than in writing:

  (i)   the record of the termination made under paragraph   20(2)(a); and

  (ii)   the acknowledgement (if any) obtained from the farmer under paragraph   20(2)(c);

  (g)   any notice given to the farmer under the agreement as mentioned in paragraph   25(e);

  (h)   any statement given to the farmer under the agreement as mentioned in paragraph   25(f);

  (i)   any notice given to the farmer under the agreement as mentioned in subsection   28(4)(c);

  (j)   any notice of fees given to the farmer under the agreement as mentioned in paragraph   29(2)(b);

  (k)   any extension notice given by the farmer under the agreement as mentioned in subsection   36(2).

Civil penalty:   300 penalty units.

  (2)   A farmer who is a party to a milk supply agreement must keep the originals, or copies, of the following records for the period mentioned in subsection   (3):

  (a)   if the agreement is in writing--the agreement;

  (b)   if the agreement is not in writing--the record of the contents of the agreement given under paragraph   18(2)(b);

  (c)   if the agreement is varied in writing--the variation;

  (d)   if the agreement is varied other than in writing--the record of the variation given under paragraph   19(2)(b);

  (e)   if the agreement is terminated in writing--the termination;

  (f)   if the agreement is terminated other than in writing--the record of the termination given under paragraph   20(2)(b).

Civil penalty:   100 penalty units.

  (3)   A record, or a copy of a record, must be kept for the period:

  (a)   starting on the day on which the record is made or given; and

  (b)   ending on the last day of the 6 years beginning on the day the milk supply agreement ends.