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Queensland
DAIRY INDUSTRY BILL 1993
Queensland
DAIRY INDUSTRY BILL 1993
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Extent to which State is bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 2--POLICY AND ADMINISTRATION
Division 1--The Queensland Dairy Industry Policy Council
5 Establishment of the Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Functions of the Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7 Composition of the Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Meetings of the Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
9 The Council's secretariat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
10 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2--The Queensland Dairy Authority
11 Establishment of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 3--Functions and powers of the Authority
12 Functions of the Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 General powers of the Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
14 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Duty of consultation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Ministerial direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 4--Membership of the Authority
17 Composition of the Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
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18 Selection of appointed members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 Fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 5--Proceedings of the Authority
21 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22 Procedures governing transaction of business . . . . . . . . . . . . . . . . . . . . . . . . 19
23 Disclosure of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
24 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 6--Committees
25 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 7--Staff of the Authority
26 Staff of the Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
27 Superannuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 3--INDUSTRY REGULATION
Division 1--Price regulation
28 Price fixing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
29 Obligation to comply with order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 2--Vesting of milk
30 Vesting of Milk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
31 Delivery of vested milk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
32 Sale of milk and distribution of proceeds . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
33 Payment in good faith . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
34 Transactions contrary to this Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
35 Expiry of this Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 3--Authority's power to intervene in the dairy industry
36 Authority's intervention in market etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
37 Expiry of this Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 4--Licensing
38 Classes of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
39 Application for and grant of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
40 Conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
41 Transactions affecting licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
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42 Special trading rights for processors' licences . . . . . . . . . . . . . . . . . . . . . . . 28
43 Licensee's records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
44 Variation, suspension or cancellation of licence . . . . . . . . . . . . . . . . . . . . . 29
45 Offences related to licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
46 Expiry of licensing provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 5--Restructuring of distribution
47 Scheme for restructuring distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 6--Supply management
48 Application of this Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
49 Market milk entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
50 Transactions affecting entitlement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
51 Diversion of supply by entitlement holders . . . . . . . . . . . . . . . . . . . . . . . . . . 33
52 Supply management schemes and market milk access . . . . . . . . . . . . . . . . 33
53 Annual review of market milk consumption . . . . . . . . . . . . . . . . . . . . . . . . . 33
54 Consequential variation of market milk entitlements . . . . . . . . . . . . . . . . . . 34
55 General power of variation and cancellation . . . . . . . . . . . . . . . . . . . . . . . . . 35
56 Gazettal of entitlements etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 4--INDUSTRY STANDARDS
Division 1--Power to make standards
57 Making of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 2--Standard of premises, plant and equipment
Division 3--Standards for dairy produce
59 Standards with which dairy produce must comply . . . . . . . . . . . . . . . . . . . . 37
60 Unlawful adulteration or blending of dairy produce . . . . . . . . . . . . . . . . . . . 37
Division 4--Testing and analysis of dairy produce
61 Testing and analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 5--Power to enforce compliance with standards
62 Power to enforce standards as to premises and equipment etc. . . . . . . . . . . 38
63 Power to require cleaning of premises etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 39
64 Power to condemn dairy produce etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
65 Power to require segregation of person suffering from infectious
disease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
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PART 5--GENERAL POWERS OF ENFORCEMENT
Division 1--Administration
66 Appointment of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
67 Terms of appointment of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . 41
68 Powers of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
69 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
70 Proof of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
71 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 2--Powers of authorised persons
72 Entry and search--monitoring compliance . . . . . . . . . . . . . . . . . . . . . . . . . . 42
73 Entry and search--evidence of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
74 Power to stop and search vehicles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
75 General powers in relation to places and vehicles . . . . . . . . . . . . . . . . . . . . 45
76 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
77 Power to require answers to questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
78 Power to require production of licences etc. . . . . . . . . . . . . . . . . . . . . . . . . . 47
79 Authorised person to give notice of seizure or damage . . . . . . . . . . . . . . . . 48
80 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 3--Warrants
81 Monitoring warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
82 Offence related warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
83 Magistrate may require further information before issuing warrant . . . . . . . 49
84 Contents of warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
85 Warrants may be issued by various forms of communication . . . . . . . . . . . 50
Division 4--Offences
86 Failure of authorised person to return identity card . . . . . . . . . . . . . . . . . . . 53
87 Failure to comply with signal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
88 Failure to comply with requirements relating to vehicles . . . . . . . . . . . . . . 53
89 Failure to assist authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
90 Failure to provide name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
91 Failure to answer question . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
92 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
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93 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
94 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
95 Obstruction of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
96 Impersonation of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
PART 6--ADMINISTRATIVE APPEALS
Division 1--The Dairy Industry Tribunal
97 Establishment of Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
98 Composition of the Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
99 Remuneration of members of the Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . 58
100 Secretary and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
101 Costs associated with the Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 2--Proceedings of the Tribunal
102 Time and place of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
103 Decisions of the Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
104 Evidence and procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
105 Powers as to witnesses etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 3--Jurisdiction of the Tribunal
106 Appeals to the Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
107 Powers of the Tribunal on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
PART 7--MISCELLANEOUS
108 Duty relating to analysis of dairy produce . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
109 Securities over licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
110 Conduct of executive officers, employees and agents . . . . . . . . . . . . . . . . . 62
111 Appropriation of penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
112 Injunction against persistent offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
113 Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
114 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
PART 8--TRANSITIONAL PROVISIONS
115 Continuation of former Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
116 Legal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
117 Existing staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
118 Superannuation arrangements and schemes . . . . . . . . . . . . . . . . . . . . . . . . . 66
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119 Existing licences, permits and entitlements . . . . . . . . . . . . . . . . . . . . . . . . . 66
120 Existing orders etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
121 Existing regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PART 9--REPEAL
122 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
1993
A BILL
FOR
An Act to provide for the restructuring of the dairy industry and for
other purposes
8
Dairy Industry
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause1. This Act may be cited as the Dairy Industry Act 1993. 4
5
Objectives
Clause2. The principal objectives of this Act are-- 6
(a) to provide for the restructuring of the dairy industry, in 7
accordance with proposals originating from the industry itself, in 8
order to-- 9
(i) establish a proper basis for the efficient management and 10
operation of the industry; and 11
(ii) ensure the provision of high quality dairy produce in 12
sufficient quantities to meet public demand; and 13
(b) to establish the Queensland Dairy Authority to administer the 14
industry; and 15
(c) to establish the Queensland Dairy Industry Policy Council as a 16
representative body to advise on policy issues; and 17
(d) to provide for the partial deregulation of the dairy industry 18
without, however, prejudicing the maintenance of proper quality 19
standards. 20
21
Definitions
In this Act-- 22
Clause3.
"authorised person" means a person appointed by the Authority to be an 23
authorised person under Part 5 (General Powers of Enforcement); 24
"Authority" means the Queensland Dairy Authority; 25
9
Dairy Industry
"carrier" means a person, other than a producer, processor or vendor, who 1
carries on a business involving transporting dairy produce from place 2
to place; 3
"Council" means the Queensland Dairy Industry Policy Council; 4
"dairy" means buildings and structures (together with associated land) 5
used for the production of milk; 6
"dairy produce" means-- 7
(a) milk; or 8
(b) a product consisting substantially of milk or milk solids and 9
classified by regulation as a form of dairy produce; 10
"farmgate price" for market milk means a minimum price for the 11
purchase, by wholesale, of market milk from producers, fixed by 12
order under section 28, and designated by the order as the farmgate 13
price for market milk; 14
"former Act" means the Dairy Industry Act 1989; 15
"lease", in relation to a milk run, means an agreement (that may be 16
incorporated in a vendor's licence as conditions of the licence) under 17
which-- 18
(a) the holder of a vendor's licence is licensed to operate the milk run 19
and, in consideration of the right to operate the milk run, pays to 20
the Authority periodic or other payments in the nature of rent; and 21
(b) the right to operate the milk run reverts to the Authority on 22
termination or expiry of the agreement; 23
"market milk" means dairy produce intended for sale for human 24
consumption as milk, and includes any kind of dairy produce 25
classified by regulation as market milk; 26
"market milk access" has the meaning given by section 52; 27
"market milk entitlement" means an entitlement to supply milk as market 28
milk under section 49; 29
"milk" means the milk of a bovine animal or of any other animal 30
prescribed by regulation for the purposes of this definition; 31
"milk run" means the delivery run in respect of which a vendor's licence is 32
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Dairy Industry
issued and may consist of or include-- 1
(a) a list of retail outlets to which the vendor is authorised by the 2
licence to sell milk; and 3
(b) a list of streets in which the vendor is authorised by the licence to 4
sell milk to householders; 5
"owner" of any place or vehicle includes a person in occupation or 6
possession of the place or vehicle, or in charge of the place or vehicle; 7
"pasteurised cream" includes any kind of dairy produce classified by 8
regulation as pasteurised cream; 9
"pasteurised milk" includes any kind of dairy produce classified by 10
regulation as pasteurised milk; 11
"place" includes any land, building or structure; 12
"process", in relation to dairy produce, means any treatment or 13
manufacturing process to which dairy produce is subjected (other than 14
a treatment or process of a kind excluded by regulation from the ambit 15
of this definition); 16
"processor" means any person who carries on the business of processing 17
dairy produce, and includes-- 18
(a) a primary producers' co-operative association registered under the 19
Primary Producers' Co-operative Associations Act 1923 that 20
arranges the sale or transportation of dairy produce produced by 21
its members; and 22
(b) a person declared by regulation to be a processor; 23
but does not include a producer who only processes dairy produce 24
produced at the producer's own dairy; 25
"producer" means a person who carries on the business of producing 26
dairy produce from a dairy; 27
"rent", in relation to a milk run, means the periodic payments under a lease 28
of the milk run; 29
"sale" includes barter and exchange; 30
"sell" includes-- 31
(a) offer or expose for sale; and 32
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(b) give away as a way of promotion or advertisement; 1
"Tribunal" means the Dairy Industry Tribunal; 2
"vehicle" includes a vessel; 3
"vendor" means a person who carries on the business of selling dairy 4
produce and delivering it to the places of residence or business of the 5
purchasers; 6
"vessel" includes a ship, boat, hovercraft or other means of transportation 7
on water. 8
to which State is bound 9
Extent
Clause4.(1) This Act binds the State. 10
(2) However, the State or an agency, instrumentality or representative of 11
the State may be exempted by regulation from the application of specified 12
provisions of this Act. 13
(3) Nothing in this Act makes the State liable to be prosecuted for an 14
offence. 15
(4) However, subsection (3) does not prevent an officer, employee or 16
agent of the State from being prosecuted for an offence. 17
(5) Neither the Authority nor any other body constituted under this Act is 18
an agency, instrumentality or representative of the State. 19
PART 2--POLICY AND ADMINISTRATION 20
Division 1--The Queensland Dairy Industry Policy Council 21
of the Council 22
Establishment
Clause5. The Queensland Dairy Industry Policy Council is established. 23
12
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of the Council 1
Functions
Clause6. The functions of the Council are-- 2
(a) to address, and advise on, the long-term strategic issues facing the 3
dairy industry and to develop appropriate responses; and 4
(b) to assess and determine the characteristics of a sustainable dairy 5
industry in Queensland for the medium and long term, and to 6
formulate appropriate strategies for developing those 7
characteristics; and 8
(c) to negotiate and encourage the developments required for the 9
maintenance of a sustainable dairy industry in Queensland; and 10
(d) to report and make recommendations to the Minister and the 11
Authority on issues concerning the dairy industry, either on the 12
Council's own initiative or at the request of the Minister or the 13
Authority; and 14
(e) to report and make recommendations to the Minister on the 15
implementation and operation of this Act, and on progress 16
towards achieving its objectives, and to review and monitor the 17
Authority's strategic plan; and 18
(f) to determine, and convey to the Minister, industry views on price 19
fixing, the vesting of milk, market milk access and the terms and 20
conditions of processors' licences; and 21
(g) to carry out the other functions assigned to the Council under this 22
Act. 23
of the Council 24
Composition
Clause7.(1) The Council is to consist of-- 25
(a) the Minister or the Minister's nominee (who is to be chairperson 26
of the Council); and 27
(b) the other persons that the Minister considers necessary and 28
appropriate to represent adequately all sectors of the dairy 29
industry and appoints to membership of the Council. 30
(2) The conditions on which members of the Council hold office are to 31
be as determined by the Minister. 32
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of the Council 1
Meetings
The Council is to meet as necessary for the transaction of its 2
Clause8.(1)
business. 3
(2) The Minister may call the Council together to consider matters that 4
the Minister desires to place before it. 5
(3) The Council is to operate under a constitution approved by the 6
Minister. 7
Council's secretariat 8
The
The Council is to have a secretary and the other staff that are 9
Clause9.
necessary to enable it to carry out its statutory responsibilities properly. 10
11
Committees
The Council may appoint committees for the purpose of 12
Clause10.(1)
inquiring into, and advising the Council on, a particular subject or subjects. 13
(2) Regulations may be made governing the constitution, and regulating 14
the proceedings, of a committee. 15
2--The Queensland Dairy Authority 16
Division
of Authority 17
Establishment
Clause11.(1) The Queensland Dairy Authority is established. 18
(2) The Authority-- 19
(a) is a body corporate; and 20
(b) has a seal; and 21
(c) may sue and be sued in its corporate name. 22
(3) Judicial notice must be taken of the imprint of the Authority's seal 23
appearing on a document and the document must be presumed to have been 24
properly sealed unless the contrary is proved. 25
14
Dairy Industry
3--Functions and powers of the Authority 1
Division
of the Authority 2
Functions
Clause12. The functions of the Authority are-- 3
(a) to administer this Act subject to the Minister's overriding power 4
of direction and, in particular, to supervise and facilitate the 5
restructuring of the dairy industry for which this Act provides; 6
and 7
(b) to take any action necessary to ensure that an adequate supply of 8
dairy produce of high quality is available to meet all reasonable 9
requirements throughout the State; and 10
(c) to administer a supply management system in relation to market 11
milk; and 12
(d) to establish, and ensure compliance with, appropriate standards 13
for the dairy industry and for dairy produce; and 14
(e) to regulate the production, processing, transportation, distribution 15
and sale of dairy produce to the extent contemplated by this Act; 16
and 17
(f) to promote and encourage the use of dairy produce; and 18
(g) to conduct or support research or educational programs relevant 19
to the objects of this Act; and 20
(h) to carry out the other functions assigned to the Authority under 21
this Act. 22
powers of the Authority 23
General
The Authority has, for or in connection with the performance 24
Clause13.(1)
of its functions, all the powers of a natural person, and may, for example-- 25
(a) enter into contracts; and 26
(b) acquire, hold, deal with and dispose of property; and 27
(c) appoint agents and attorneys; and 28
(d) make charges for services provided by it. 29
15
Dairy Industry
(2) The Authority may, by written notice, require a person who carries 1
on a business in or associated with the dairy industry to provide specified 2
returns or information that the Authority reasonably requires for the 3
administration or enforcement of the Act. 4
(3) A person must not fail, without reasonable excuse, to comply with a 5
requirement under subsection (2). 6
Maximum penalty--40 penalty units. 7
(4) It is a reasonable excuse for the person to fail to comply with the 8
requirement if complying with the requirement may tend to incriminate the 9
person. 10
11
Delegation
Clause14.(1) The Authority may delegate any of its powers to-- 12
(a) a committee formed by the Authority; or 13
(b) a member of the Authority; or 14
(c) a member of the Authority's staff. 15
(2) The Authority may only delegate powers if satisfied that the 16
committee to which, or the person to whom, the delegation is proposed has 17
the expertise and experience necessary for the proper exercise of the 18
powers. 19
of consultation 20
Duty
Clause15. The Authority must consult with the Council about the exercise of 21
powers and functions that raise questions of industry policy. 22
direction 23
Ministerial
The Minister may direct the Authority in relation to the 24
Clause16.(1)
performance of its statutory functions and the exercise of its statutory 25
powers. 26
(2) If the Minister gives a direction to the Authority-- 27
(a) the direction must be given in writing and must state the date on 28
which it is to take effect; and 29
16
Dairy Industry
(b) the direction must be published in the Gazette as soon as 1
practicable after it is given; and 2
(c) the direction must be tabled in the Legislative Assembly within 3
14 sitting days after it is given; and 4
(d) the text of the direction is to be included in the annual report for 5
the year in which the direction is given. 6
4--Membership of the Authority 7
Division
of the Authority 8
Composition
Clause17.(1) The Authority is to consist of the following members-- 9
(a) the chairperson; 10
(b) 3 persons with experience in milk production, processing or 11
distribution, nominated for appointment by a selection committee; 12
(c) 3 persons with experience in public administration, business, 13
finance, marketing, quality assurance or industrial relations, 14
nominated for appointment by a selection committee. 15
(2) The chairperson and other members of the Authority are to be 16
appointed by the Governor in Council. 17
(3) The Governor in Council may appoint a person to act as a member of 18
the Authority during any period, or all periods, when the member is absent 19
or unable for any reason to perform the duties of the office. 20
of appointed members 21
Selection
Before appointments of members (other than the chairperson) 22
Clause18.(1)
of the Authority are made, the Minister must establish a selection 23
committee to nominate those members. 24
(2) The selection committee is to consist of 7 members appointed by the 25
Minster, comprising-- 26
(a) 1 (the chairperson) who is, in the opinion of the Minister, suited 27
by temperament and experience to act as an independent 28
chairperson of the selection committee; and 29
17
Dairy Industry
(b) 2 representatives of producers chosen by the Minister from 1
nominations submitted, at the Minister's invitation, by 2
organisations that are, in the Minister's opinion, representative of 3
producers; and 4
(c) 2 representatives of processors chosen by the Minister from 5
nominations submitted, at the Minister's invitation, by 6
organisations that are, in the Minister's opinion, representative of 7
processors; and 8
(d) 2 representatives of distributors chosen by the Minister from 9
nominations submitted, at the Minister's invitation, by 10
organisations that are, in the Minister's opinion, representative of 11
distributors. 12
(3) The Minister may give the selection committee written directions 13
about the procedures and criteria to be adopted or applied in selecting 14
nominees for appointment to the Authority, and the time within which the 15
nominations are to be made. 16
(4) A direction may not require the committee to nominate a specified 17
person for appointment as a member of the Authority. 18
(5) A member of the Council, a member of the selection committee, or a 19
person who is chairperson, deputy chairperson or chief executive officer of 20
an organisation established to represent producers, processors or 21
distributors is not eligible to be nominated for appointment as a member of 22
the Authority. 23
(6) If the selection committee fails to make a nomination or to follow the 24
procedures or apply the criteria of selection directed by the Minister, the 25
Minister may nominate a person for appointment. 26
(7) A nomination made by the Minister under subsection (6) is taken to 27
have been made by the selection committee. 28
(8) The chairperson of the selection committee is to be paid the fees and 29
allowances that the Governor in Council may determine. 30
of office 31
Term
Clause19.(1) A member of the Authority is to be appointed for a term of not 32
more than 3 years. 33
18
Dairy Industry
(2) The office of a member of the Authority becomes vacant if the 1
member-- 2
(a) dies; or 3
(b) completes a term of office and is not reappointed; or 4
(c) resigns by written notice to the Minister; or 5
(d) is absent, without leave of the Authority, from 3 consecutive 6
meetings of the Authority; or 7
(e) becomes bankrupt; or 8
(f) becomes a patient within the meaning of the Mental Health Act 9
1974; or 10
(g) is removed from office by the Governor in Council. 11
and allowances 12
Fees
The members of the Authority are entitled to the fees and 13
Clause20.
allowances that may be determined by the Governor in Council. 14
5--Proceedings of the Authority 15
Division
and place of meetings 16
Time
Clause21.(1) Meetings of the Authority are to be held at the times and places 17
that the Authority determines. 18
(2) However, the chairperson-- 19
(a) may at any time convene a meeting; and 20
(b) must convene a meeting when requested by at least 3 members of 21
the Authority. 22
governing transaction of business 23
Procedures
The chairperson or, in the absence of the chairperson, a 24
Clause22.(1)
member chosen to preside by the members present, is to preside at a 25
meeting of the Authority. 26
19
Dairy Industry
(2) At a meeting of the Authority-- 1
(a) 4 members constitute a quorum; and 2
(b) a question is to be decided by a majority of votes of members 3
present and voting; and 4
(c) each member present has 1 vote on any question arising for 5
decision and, if the votes are equal, the member presiding at the 6
meeting has a casting vote. 7
(3) The Authority may regulate its proceedings as it considers 8
appropriate. 9
(4) The Authority may permit members to participate in a particular 10
meeting, or all meetings, by-- 11
(a) telephone; or 12
(b) closed circuit television; or 13
(c) any other means of communication. 14
(5) A member who participates in a meeting of the Authority by 15
permission under subsection (4) is taken to be present at that meeting. 16
(6) If-- 17
(a) all members of the Authority agree in writing to a proposed 18
resolution of the Authority; and 19
(b) notice of the proposed resolution was given in accordance with 20
procedures approved by the Authority; 21
the resolution is a valid resolution of the Authority, even though it was not 22
passed at a meeting of the Authority. 23
(7) The Authority may invite a person to attend a meeting of the 24
Authority for the purpose of advising or informing it on any matter. 25
of interest 26
Disclosure
If-- 27
Clause23.(1)
(a) a member of the Authority has a direct or indirect pecuniary 28
interest in a matter being considered, or about to be considered, 29
by the Authority; and 30
20
Dairy Industry
(b) the interest could conflict with the proper performance of the 1
member's duties in relation to the consideration of the matter; 2
the member must, as soon as practicable after the relevant facts come to the 3
member's knowledge, disclose the nature of the interest to a meeting of the 4
Authority. 5
(2) A disclosure under subsection (1) must be recorded in the 6
Authority's minutes and, unless the Authority otherwise determines, the 7
member must not-- 8
(a) be present during any deliberations of the Authority in relation to 9
the matter; or 10
(b) take part in any decision of the Authority in relation to the matter. 11
(3) A member who has a direct or indirect pecuniary interest in the 12
matter to which a disclosure under subsection (1) relates must not-- 13
(a) be present at any deliberation by the Authority for the purpose of 14
making a determination under subsection (2); or 15
(b) take part in the making by the Authority of a determination under 16
subsection (2). 17
inutes 18
M
Clause24. The Authority must keep minutes of its proceedings. 19
6--Committees 20
Division
21
Committees
The Authority may appoint committees for the purpose of 22
Clause25.(1)
advising the Authority on a particular subject or subjects. 23
(2) Regulations may be made governing the constitution, and regulating 24
the proceedings, of a committee. 25
(3) A member of a committee is entitled to the fees and allowances that 26
may be determined by the Authority. 27
21
Dairy Industry
Division 7--Staff of the Authority 1
of the Authority 2
Staff
The Authority may employ, or engage the services of, such 3
Clause26.(1)
staff, consultants and contractors as are necessary for the administration and 4
enforcement of this Act. 5
(2) The Authority must employ a general manager and a secretary (and 6
those positions may be held in conjunction by the same person if the 7
Authority considers appropriate). 8
(3) Subject to any relevant award or industrial agreement, the terms and 9
conditions on which staff are employed are to be determined by the 10
Authority. 11
12
Superannuation
The Authority may contribute to, and participate in, a 13
Clause27.(1)
superannuation arrangement or scheme, approved by the Governor in 14
Council, for the benefit of employees and former employees of the 15
Authority and their dependants. 16
(2) An approval under subsection (1) may be absolute or conditional. 17
(3) The conditions of an approval under subsection (1) may, for 18
example, authorise the Auditor-General to audit accounts and records 19
relating to the approved arrangement or scheme. 20
PART 3--INDUSTRY REGULATION 21
1--Price regulation 22
Division
fixing 23
Price
The Authority must, if the Council recommends and the 24
Clause28.(1)
Minister approves a proposal under subsection (2), make an order-- 25
22
Dairy Industry
(a) fixing the price, or a maximum or minimum price (or both), to be 1
paid for market milk; or 2
(b) fixing the price, or a maximum or minimum price, to be paid for 3
the collection, treatment, storage, distribution or delivery of 4
market milk; or 5
(c) amending or repealing an order previously made under this 6
section. 7
(2) Any proposal by the Authority to make, amend or repeal an order 8
under this section must be submitted to the Council, and the Authority must 9
exercise its powers in accordance with the proposal if the Council 10
recommends the proposal to the Minister and the Minister approves it. 11
(3) An order fixing the price, or a maximum or minimum price (or 12
both), for market milk-- 13
(a) may apply generally to all transactions involving sale of market 14
milk or to a class of such transactions specified in the order; and 15
(b) may designate a minimum price fixed for the purchase, by 16
wholesale, of market milk from producers as the farmgate price; 17
and 18
(c) may fix differential prices that vary according to the composition, 19
grade or quality of the market milk; and 20
(d) may apply generally irrespective of the circumstances in which 21
transactions take place, or be limited to circumstances described 22
in the order; and 23
(e) may provide for retail prices to be rounded up or down in 24
accordance with principles stated in the order. 25
(4) If there is a general consensus throughout Australia on what an 26
appropriate farmgate price for market milk should be, a farmgate price fixed 27
under this section should reflect that general consensus. 28
(5) An order fixing the price to be paid by or to a person for market milk 29
may be made on condition that the person pay a specified proportion of the 30
price to the Authority to be applied towards-- 31
(a) the costs of the administration of this Act; or 32
(b) the reimbursement, to an extent prescribed by regulation, of 33
23
Dairy Industry
expenses incurred by a processor in transporting market milk 1
under a supply management scheme under Division 6 (Supply 2
management); or 3
(c) another purpose determined by the Authority. 4
(6) An amount to which the Authority becomes entitled under a 5
condition mentioned in subsection (5) is a debt due to the Authority. 6
(7) An order under this section is subordinate legislation. 7
(8) An order cannot be made under this section after 31 December 1998, 8
and an order then in force expires. 9
(9) Subsection (8) does not apply to an order fixing the price, or a 10
minimum price, for the purchase, by wholesale, of market milk from 11
producers. 12
to comply with order 13
Obligation
A person must not pay or receive a price for market milk, or 14
Clause29.(1)
for the collection, treatment, storage, distribution or delivery of market milk, 15
if the price is inconsistent with an order under this Division. 16
Maximum penalty--180 penalty units. 17
(2) A processor must not process milk in the State for sale as market 18
milk if the milk was purchased from a producer (within or outside the 19
State) for a price that is less than the farmgate price for market milk fixed 20
under this Division. 21
Maximum penalty--180 penalty units. 22
(3) A person must not sell market milk if the milk was purchased from a 23
producer (within or outside the State) for a price that is less than the 24
farmgate price for market milk fixed under this Division. 25
Maximum penalty--180 penalty units. 26
Division 2--Vesting of milk 27
24
Dairy Industry
of Milk 1
Vesting
The Governor in Council may, by regulation, vest milk 2
Clause30.(1)
produced in a part of the State defined by the regulation in the Authority. 3
(2) A regulation vesting milk in the Authority may only be made on the 4
joint recommendation of the Council, the Authority and the Minister. 5
(3) The milk to which the regulation relates vests in the Authority subject 6
to conditions, requirements and exemptions prescribed by the regulation. 7
of vested milk 8
Delivery
Clause31.(1) The Authority may, by order-- 9
(a) determine delivery requirements to be complied with by the 10
producer or processor of vested milk; or 11
(b) vary or revoke an order previously made under this section. 12
(2) The requirements may, for example, determine-- 13
(a) the places at which vested milk is to be delivered to the Authority; 14
or 15
(b) the times for delivery of vested milk; or 16
(c) the conditions on which vested milk will be accepted by the 17
Authority on delivery. 18
(3) An order under this section is subordinate legislation. 19
(4) A producer or processor who fails to deliver vested milk to the 20
Authority in accordance with the Authority's delivery requirements 21
commits an offence. 22
Maximum penalty for subsection (4)--40 penalty units. 23
of milk and distribution of proceeds 24
Sale
The Authority may sell and dispose of milk delivered to, and 25
Clause32.(1)
accepted by, the Authority under this Division as it considers appropriate. 26
(2) The Authority is to pay the following amounts out of the proceeds of 27
the sale or disposal of the milk-- 28
(a) the costs incurred by the Authority in receiving, storing, 29
transporting, processing, selling and delivering the milk; 30
25
Dairy Industry
(b) any other recurrent costs incurred by the Authority in 1
administering the vesting scheme; 2
(c) an appropriate amount towards amortising capital costs incurred 3
by the Authority for the purpose of the vesting scheme. 4
(3) After the payment of the amounts mentioned in subsection (2), the 5
balance of the proceeds of the sale or disposal of the milk is to be divided 6
among producers or processors on a basis determined by the Authority 7
having regard to the following factors-- 8
(a) the quantity of milk delivered; 9
(b) the class, grade, quality or description of the milk; 10
(c) the conditions of production, collection, treatment, delivery of 11
storage of the milk; 12
(d) the purpose for which the milk is to be used. 13
(4) The Authority may make advances to producers on account of future 14
entitlements under this section on the conditions that the Authority 15
considers appropriate. 16
in good faith 17
Payment
If-- 18
Clause33.(1)
(a) the Authority makes, in good faith, a payment in respect of milk 19
delivered to the Authority-- 20
(i) to a person apparently entitled to the payment; or 21
(ii) in accordance with instructions given by a person apparently 22
entitled to give the instructions; and 23
(b) the Authority has not received written notice of any other claim to 24
the payment; 25
the payment discharges the Authority from its liability in relation to the 26
milk. 27
(2) If a question arises about entitlement to payment for vested milk, the 28
Authority or any other interested person may apply to a Magistrates Court 29
to resolve the question. 30
(3) On an application under subsection (2), the Magistrates Court may 31
26
Dairy Industry
determine the question at issue and make consequential orders and 1
directions. 2
contrary to this Division 3
Transactions
A person must not, without the Authority's consent, sell or 4
Clause34.(1)
purport to sell milk vested in the Authority under this Division. 5
Maximum penalty--40 penalty units. 6
(2) A person must not, without the Authority's consent, buy or purport 7
to buy (except from the Authority) milk vested in the Authority under this 8
Division. 9
Maximum penalty--40 penalty units. 10
(3) A contract entered into in contravention of this section is void. 11
of this Division 12
Expiry
Clause35. This Division expires on 31 December 1998. 13
3--Authority's power to intervene in the dairy industry 14
Division
intervention in market etc. 15
Authority's
The Authority may, with the Minister's approval, carry on 16
Clause36.(1)
business in a part of the State defined in the approval as a processor, 17
distributor or vendor of dairy produce. 18
(2) The Minister may grant an approval under this section only if, after 19
allowing the processors, distributors or vendors licensed to operate in the 20
relevant part of the State a reasonable opportunity to make representations 21
on the subject, the Minister is of the opinion that the Authority's 22
intervention is necessary in the public interest. 23
of this Division 24
Expiry
Clause37. This Division expires on 31 December 1998. 25
27
Dairy Industry
Division 4--Licensing 1
of licences 2
Classes
Clause38.(1) Licences are to be of the following types-- 3
(a) producers' licences; 4
(b) processors' licences; 5
(c) carriers' licences; 6
(d) vendors' licences; 7
(e) the other types of licences that are prescribed by regulation. 8
(2) Licences of each type may be divided into classes in accordance with 9
the regulations. 10
for and grant of licence 11
Application
Clause39.(1) An application for a licence-- 12
(a) must be made to the Authority in a form approved by the 13
Authority; and 14
(b) must be accompanied by the information required by the 15
Authority. 16
(2) The Authority may grant a licence unconditionally or subject to the 17
applicant complying with specified conditions. 18
(3) The Authority may grant a licence on a temporary basis pending its 19
final determination of the application. 20
(4) A temporary licence remains in force (subject to earlier revocation at 21
the Authority's discretion) for the period (not longer than 2 months) stated 22
in the licence. 23
of licence 24
Conditions
A licence is to be granted for a term determined by the 25
Clause40.(1)
Authority in relation to licences of the relevant type and class. 26
(2) A licence is to be granted on conditions determined by the Authority. 27
28
Dairy Industry
(3) A licence condition may require the holder of the licence to make 1
periodic or other payments to the Authority. 2
affecting licences 3
Transactions
The holder of a licence may, subject to conditions prescribed by 4
Clause41.
regulation, transfer, deal with or dispose of the licence. 5
trading rights for processors' licences 6
Special
The Authority must, if the Council recommends and the 7
Clause42.(1)
Minister approves the recommendation, grant a processor's licence on 8
terms conferring on the holder of the licence an exclusive right to sell 9
pasteurised milk and pasteurised cream to a segment of the wholesale 10
market (which may be defined by reference to a particular locality) allocated 11
to the processor under the terms of the licence. 12
(2) Notice of the terms in which an exclusive right is conferred under this 13
section must be published in the Gazette. 14
(3) A person must not sell pasteurised milk or pasteurised cream to a 15
segment of the market allocated to some other person by the terms of a 16
processor's licence conferring an exclusive right under this section. 17
Maximum penalty--200 penalty units. 18
(4) An exclusive right may not be conferred under this section after 19
31 December 1998 and any exclusive right in force immediately before that 20
date then lapses. 21
records 22
Licensee's
The holder of a licence must keep the records that may be 23
Clause43.(1)
required by regulation or by condition of the licence. 24
Maximum penalty--40 penalty units. 25
(2) The holder of a licence must, at the request of an authorised person, 26
produce the records kept under this section for examination and allow the 27
authorised person to take copies of the records. 28
Maximum penalty--40 penalty units. 29
29
Dairy Industry
suspension or cancellation of licence 1
Variation,
The Authority may, by written notice to the holder of a 2
Clause44.(1)
licence-- 3
(a) vary, suspend or cancel the licence at the request of the holder of 4
the licence; or 5
(b) vary the licence to correct an error or omission in the licence; or 6
(c) vary, suspend or cancel the licence for contravention of this Act 7
or a term or condition of the licence. 8
(2) Before the Authority varies, suspends or cancels a licence under 9
subsection (1)(c), it must give the holder of the licence written notice of-- 10
(a) the proposed variation, suspension or cancellation; and 11
(b) the ground on which the Authority proposes to make the 12
variation, suspension or cancellation; 13
and allow the holder of the licence a reasonable opportunity to make 14
representations to the Authority about the proposed variation, suspension or 15
cancellation. 16
(3) If the Authority cancels a licence, the person to whom the licence was 17
granted must, as soon as practicable, return the licence to the Authority. 18
Maximum penalty for subsection (3)--10 penalty units. 19
related to licences 20
Offences
A person must not carry on business as a producer unless the 21
Clause45.(1)
person holds a producer's licence and carries on the business in accordance 22
with the terms and conditions of the licence (but a producer who does not 23
produce dairy produce that is ultimately to be sold as market milk is not 24
required to hold a licence). 25
Maximum penalty--40 penalty units. 26
(2) A person must not carry on business as a processor unless the person 27
holds a processor's licence and carries on the business in accordance with 28
the terms and conditions of the licence. 29
Maximum penalty--40 penalty units. 30
(3) A person must not carry on business as a carrier unless the person 31
30
Dairy Industry
holds a carrier's licence and carries on the business in accordance with the 1
terms and conditions of the licence. 2
Maximum penalty--40 penalty units. 3
(4) A person must not carry on business as a vendor unless the person 4
holds a vendor's licence and carries on the business in accordance with the 5
terms and conditions of the licence. 6
Maximum penalty--40 penalty units. 7
(5) A person must not carry on a business in the dairy industry for which 8
a licence of a prescribed type is required by regulation unless the person 9
holds a licence of the relevant type and carries on the business in accordance 10
with the terms and conditions of the licence. 11
Maximum penalty--40 penalty units. 12
of licensing provisions 13
Expiry
On 31 December 1998, any licence in force under this 14
Clause46.(1)
Division, other than a producer's licence, a processor's licence or a licence 15
of a type prescribed by regulation for the purposes of this exception, lapses. 16
(2) After 31 December 1998, no licence, other than a producer's licence, 17
a processor's licence, or a licence of a type prescribed by regulation for the 18
purposes of this exception, may be granted under this Division. 19
(3) After 31 December 1998, no licence is to confer exclusive trading 20
rights or to restrict competition between licensees in any other way, but this 21
subsection does not prevent the imposition of conditions requiring 22
compliance with quality standards. 23
5--Restructuring of distribution 24
Division
for restructuring distribution 25
Scheme
Clause47.(1) The Authority may, by order-- 26
(a) establish a scheme for restructuring the distribution of dairy 27
produce by the holders of vendors' licences; or 28
(b) vary the scheme. 29
31
Dairy Industry
(2) The scheme may-- 1
(a) authorise the Authority to acquire from vendors who have agreed 2
to participate in the scheme the rights to their milk runs or to parts 3
of their milk runs for a consideration determined by the Authority 4
and to make consequential cancellations of, or variations to, the 5
licences of the vendors from whom the rights are acquired; and 6
(b) provide for the restructuring, by amalgamation or division, of the 7
milk runs and parts of milk runs in relation to which rights are 8
acquired under the scheme into the milk runs that the Authority 9
considers appropriate; and 10
(c) authorise the Authority to lease the restructured milk runs and, at 11
its discretion, to set the rentals and other consideration to be paid 12
for the leases of the restructured milk runs by competitive bidding 13
or to deal with or dispose of the restructured milk runs in other 14
ways; and 15
(d) provide for the reclassification of vendors' licences, and the 16
cancellation and re-issue of vendors' licences, (whether or not the 17
holders of the licences have agreed to participate in the scheme); 18
and 19
(e) provide for financing the scheme; and 20
(f) provide for any incidental or related matter. 21
(3) An order under this section is subordinate legislation. 22
(4) The Authority must ensure that its income from the scheme is 23
sufficient to meet its obligations to financial institutions from which money 24
is borrowed to finance the scheme. 25
(5) No money is to be appropriated from the Consolidated Fund for the 26
purpose of financing the scheme. 27
(6) The scheme is to terminate on 31 December 1998, but the 28
termination of the scheme does not prevent the recovery of liabilities 29
incurred under the scheme before that date and, if the scheme has an excess 30
of assets over liabilities as at the date of its termination, the excess is to be 31
distributed as prescribed by regulation. 32
6--Supply management 33
Division
32
Dairy Industry
of this Division 1
Application
There are to be the supply management regions that are 2
Clause48.(1)
constituted by regulation. 3
(2) The whole or any part of the State may be constituted, by regulation, 4
as a supply management region. 5
(3) This Division applies to a supply management region. 6
milk entitlements 7
Market
The Authority may grant to a producer whose dairy is situated 8
Clause49.(1)
in a supply management region an entitlement (a "market milk 9
entitlement") to supply milk as market milk. 10
(2) A market milk entitlement authorises the holder of the entitlement, or 11
any other person who is entitled to use the land to which the entitlement 12
relates for the production of milk, to supply milk produced on specified 13
land, in specified quantities, to a specified processor. 14
(3) A market milk entitlement must be held in the name of the owner of 15
the land to which the entitlement relates or some other person, approved by 16
the Authority, who is entitled to use the land to which the entitlement relates 17
for the production of milk. 18
affecting entitlement 19
Transactions
The holder of a market milk entitlement may, subject to 20
Clause50.
conditions prescribed by regulation, transfer, deal with or dispose of the 21
entitlement. 22
of supply by entitlement holders 23
Diversion
If-- 24
Clause51.
(a) the holder of a market milk entitlement gives the Authority and 25
the processor specified in the entitlement at least 28 days written 26
notice of the proposed diversion of supply to another processor; 27
and 28
(b) the Authority is satisfied that the supply of milk to the other 29
33
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processor has started; 1
the Authority must vary the market milk entitlement by altering the name of 2
the processor specified in the entitlement to that of the other processor. 3
management schemes and market milk access 4
Supply
The Authority is to have a supply management scheme for 5
Clause52.(1)
each supply management region. 6
(2) A supply management scheme is to deal with-- 7
(a) the right of a processor to supply milk to another processor or 8
other processors and charge for it as market milk (the processor's 9
"market milk access"); and 10
(b) the costs of transporting milk between processors under the 11
scheme. 12
(3) Each processor is to have the market milk access that the Authority 13
may determine. 14
(4) The Authority may at any time vary the extent of a processor's 15
market milk access. 16
(5) The Authority may, by written notice to a processor, impose 17
conditions on the processor's licence requiring the processor to participate 18
in a supply management scheme and limiting the processor's market milk 19
access to the extent determined by the Authority under this section. 20
review of market milk consumption 21
Annual
After the conclusion of each financial year, the Authority 22
Clause53.(1)
must-- 23
(a) determine the extent (if any) to which consumption of market 24
milk increased during the financial year in a supply management 25
region; and 26
(b) if an increase in the consumption of market milk is found to have 27
taken place--determine whether to distribute the whole or part of 28
the increase in accordance with this section; and 29
(c) if the Authority determines to distribute the whole or part of the 30
34
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increase in accordance with this section--determine the quantity 1
to be distributed. 2
(2) The quantity to be distributed is to be apportioned among processors 3
in the following way-- 4
(a) the Authority is first to determine the quantity by which each 5
processor increased the volume of sales of market milk during 6
the financial year and a proportion of the quantity is to be 7
attributed to each processor (the "retained component") on a 8
basis proposed by the Authority, recommended to the Minister 9
by the Council, and approved by the Minister; 10
(b) the Authority is then to apportion the remainder of the increase 11
between processors in accordance with a formula based on the 12
difference between the total quantity of milk received by each 13
processor and a percentage prescribed by regulation of the 14
quantity of milk processed by the processor as market milk (the 15
"apportioned component"); 16
(c) the retained component and the apportioned component for each 17
processor are to be aggregated; 18
(d) the extent of each processor's market milk access is to be 19
increased by the amount of the aggregate. 20
variation of market milk entitlements 21
Consequential
If a processor's market milk access is varied, the Authority may 22
Clause54.
make consequential variations to market milk entitlements relating to the 23
processor. 24
power of variation and cancellation 25
General
Clause55.(1) The Authority may, by written notice to the holder of a market 26
milk entitlement-- 27
(a) vary, suspend or cancel the entitlement at the request of the holder 28
of the entitlement; or 29
(b) vary the entitlement to correct an error or omission in the 30
entitlement; or 31
35
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(c) vary, suspend or cancel the entitlement-- 1
(i) because the producer has failed to supply milk that complies 2
with the appropriate standards; or 3
(ii) because the producer has failed to supply milk in accordance 4
with the reasonable requirements of the processor specified 5
in the entitlement; or 6
(iii) because the producer has contravened this Act or a term or 7
condition of the entitlement. 8
(2) Before the Authority varies, suspends or cancels a market milk 9
entitlement under subsection (1)(c), it must give the holder of the 10
entitlement written notice of-- 11
(a) the proposed variation, suspension or cancellation; and 12
(b) the ground on which the Authority proposes to make the 13
variation, suspension or cancellation; 14
and allow the holder of the entitlement a reasonable opportunity to make 15
representations to the Authority about the proposed variation, suspension or 16
cancellation. 17
(3) The cancellation of a market milk entitlement operates also to cancel 18
any producer's licence relating to the same land as the entitlement, and the 19
holder of a producer's licence must, as soon as practicable, return the 20
licence to the Authority. 21
Maximum penalty for subsection (3)--10 penalty units. 22
of entitlements etc. 23
Gazettal
Within 3 months after the end of each financial year, the 24
Clause56.
Authority must publish in the Gazette a list of market milk entitlements and 25
the quantities of market milk to which each relates as at the end of the 26
financial year. 27
ART 4--INDUSTRY STANDARDS 28
P
36
Dairy Industry
1--Power to make standards 1
Division
aking of standards 2
M
Clause57.(1) The Authority may make standards with respect to-- 3
(a) any premises or vehicle used for the production, processing or 4
storage of dairy produce; and 5
(b) any plant or equipment used for the production, processing or 6
storage of dairy produce; and 7
(c) the quality, grading and classification of dairy produce; and 8
(d) the packaging, labelling and marking of dairy produce; and 9
(e) the standardisation of milk for sale as pasteurised or 10
homogenised milk; and 11
(f) the blending or mixing of dairy produce with other substances; 12
and 13
(g) the testing and analysis of dairy produce; and 14
(h) the carriage and storage of dairy produce; and 15
(i) sanitation, hygiene and the prevention of disease; and 16
(j) any other matter relevant to the standards of the dairy industry, 17
the quality of dairy produce or any incidental matter. 18
(2) A standard may provide that contravention of the standard is an 19
offence and prescribe a maximum penalty of 40 penalty units, for the 20
offence. 21
(3) A standard under this section is subordinate legislation. 22
2--Standard of premises, plant and equipment 23
Division
for premises, vehicles etc. 24
Standards
Any premises, vehicle, plant or equipment used for the 25
Clause58.(1)
production, processing or storage of dairy produce for sale must comply 26
with the Authority's standards. 27
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(2) If any premises, vehicle, plant or equipment that does not comply 1
with the Authority's standards is used for the production, processing or 2
storage of dairy produce for sale, the owner commits an offence. 3
Maximum penalty--40 penalty units. 4
3--Standards for dairy produce 5
Division
with which dairy produce must comply 6
Standards
Dairy produce intended for sale for human consumption must 7
Clause59.(1)
comply with the Authority's standards. 8
(2) A person must not, without the Authority's consent and without 9
reasonable excuse, sell dairy produce that does not comply with the 10
standards applicable to the dairy produce. 11
Maximum penalty--40 penalty units. 12
adulteration or blending of dairy produce 13
Unlawful
A person must not mix or blend an extraneous substance with 14
Clause60.(1)
dairy produce that is intended for sale unless-- 15
(a) the substance is approved under the Food Act 1981; and 16
(b) the mixing or blending of that substance with the dairy produce is 17
not contrary to the Authority's standards. 18
Maximum penalty--100 penalty units. 19
(2) A producer must not blend or mix milk or cream produced at the 20
producer's dairy with milk or cream produced at some other dairy. 21
Maximum penalty--100 penalty units. 22
4--Testing and analysis of dairy produce 23
Division
and analysis 24
Testing
A person who carries on a business involving the production, 25
Clause61.(1)
processing, storage or distribution of dairy produce must comply with any 26
38
Dairy Industry
requirements imposed by the Authority's standards for the testing and 1
analysis of dairy produce or imposed by the Authority by written notice 2
given to the person. 3
Maximum penalty--40 penalty units. 4
(2) A person who carries on a business involving the production, 5
processing, storage or distribution of dairy produce must, at the request of 6
an authorised person, allow the authorised person to take samples of dairy 7
produce for analysis. 8
Maximum penalty--40 penalty units. 9
(3) The Authority may recover the cost of taking, and analysing, the 10
samples of dairy produce as a debt from the person carrying on the 11
business. 12
(4) A certificate signed by the secretary of the Authority certifying the 13
cost of taking and analysing a sample of dairy produce is admissible in legal 14
proceedings as evidence of the cost. 15
Division 5--Power to enforce compliance with standards 16
to enforce standards as to premises and equipment etc. 17
Power
If any premises, vehicle or equipment used for the production, 18
Clause62.(1)
processing or storage of dairy produce for sale does not comply with the 19
Authority's standards, the Authority may, by written notice to the owner, 20
require the owner to take specified action within a specified period to bring 21
the premises, vehicle or equipment into conformity with the standards. 22
(2) The notice may also include a prohibition against the use of the 23
premises, vehicle or equipment for the production, processing or storage of 24
dairy produce intended for sale until it has been brought into conformity 25
with the relevant standards. 26
(3) If any premises, vehicle or equipment used for the production, 27
processing or storage of dairy produce for sale is, in the Authority's 28
opinion, unfit for the purpose, the Authority may, by written notice to the 29
owner, prohibit the use of the premises, vehicle or equipment for the 30
purpose. 31
(4) If a notice under this section is not complied with, the owner 32
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commits an offence. 1
Maximum penalty--40 penalty units. 2
to require cleaning of premises etc. 3
Power
If any premises, vehicle or equipment used for the production, 4
Clause63.(1)
processing or storage of dairy produce for sale is not in a clean and 5
wholesome condition, an authorised person may, by written notice to the 6
owner-- 7
(a) require the owner to clean and disinfect the premises, vehicle or 8
equipment to the authorised person's reasonable satisfaction; and 9
(b) prohibit the use of the premises, vehicle or equipment until the 10
authorised person is satisfied that it is fit for use. 11
(2) If the notice is not complied with, the owner commits an offence. 12
Maximum penalty--40 penalty units. 13
to condemn dairy produce etc. 14
Power
If an authorised person believes on reasonable grounds that 15
Clause64.(1)
dairy produce examined by the authorised person is unfit for human 16
consumption, or does not comply with the Authority's standards, the 17
authorised person may, by order, condemn the dairy produce. 18
(2) If any dairy produce is condemned under subsection (1), it becomes 19
the property of the Authority and must be disposed of as the Authority 20
directs. 21
(3) If, in an authorised person's opinion, an analysis should be carried 22
out in order to determine whether an order should be made under 23
subsection (1) in relation to dairy produce, the authorised person may direct 24
that the dairy produce be detained at a specified place until the analysis is 25
carried out. 26
(4) A person who removes, or permits the removal of, dairy produce 27
contrary to a direction under subsection (3) commits an offence. 28
Maximum penalty--40 penalty units. 29
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to require segregation of person suffering from infectious 1
Power
disease 2
If an authorised person believes on reasonable grounds that a 3
Clause65.(1)
person employed or engaged in the production, processing or handling of 4
dairy produce intended for human consumption is affected by a disease 5
prescribed by regulation for the purposes of this section, the authorised 6
person may order the effective segregation of the person from operations 7
that might result in the transmission of the disease to consumers of the 8
dairy produce. 9
(2) The order must be served on the person in charge of the operations in 10
which the person affected by the disease is employed or engaged. 11
(3) If an order under this section is not complied with, the person in 12
charge of the operations in which the person affected by the disease is 13
employed or engaged commits an offence. 14
Maximum penalty--40 penalty units. 15
PART 5--GENERAL POWERS OF ENFORCEMENT 16
Division 1--Administration 17
of authorised persons 18
Appointment
The Authority may appoint members of its staff and other 19
Clause66.(1)
person to be authorised persons. 20
(2) The Authority may appoint a person to be an authorised person only 21
if-- 22
(a) in the Authority's opinion, the person has the necessary expertise 23
or experience to be an authorised person; or 24
(b) the person has satisfactorily completed a course of training 25
approved by the Minister. 26
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of appointment of authorised persons 1
Terms
An authorised person holds office subject to the conditions 2
Clause67.(1)
specified in the instrument of appointment. 3
(2) An authorised person-- 4
(a) is appointed for the term specified in the instrument of 5
appointment; and 6
(b) may resign by signed notice given to the Authority; and 7
(c) if the conditions of appointment so provide--ceases to hold office 8
as an authorised person on ceasing to hold some other office 9
specified in the conditions of appointment. 10
of authorised persons 11
Powers
An authorised person has the powers given under this or 12
Clause68.(1)
another Act. 13
(2) A regulation may limit the powers of authorised persons of a 14
specified class. 15
(3) If a regulation is in force under this section, an authorised person to 16
whom it relates may exercise powers only in accordance with the 17
regulation. 18
cards 19
Identity
The Authority must issue an identity card to each authorised 20
Clause69.(1)
person. 21
(2) The identity card must-- 22
(a) contain a recent photograph of the authorised person; and 23
(b) be in a form approved by the Minister; and 24
(c) be signed by the authorised person. 25
of authority 26
Proof
An authorised person may exercise a power in relation to a 27
Clause70.(1)
person only if the authorised person first produces his or her identity card 28
42
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for inspection by the person. 1
(2) If, for any reason, it is not practicable to comply with subsection (1), 2
the authorised person must produce the identity card for inspection by the 3
person at the first reasonable opportunity. 4
from liability 5
Protection
Clause71.(1) This section applies to-- 6
(a) an authorised person; and 7
(b) a person acting under the direction of an authorised person. 8
(2) The person does not incur civil liability for an act or omission done 9
honestly and without negligence under this Act. 10
(3) A liability that would, apart from this section, attach to the person 11
attaches instead to the Authority. 12
2--Powers of authorised persons 13
Division
and search--monitoring compliance 14
Entry
For the purpose of finding out whether this Act is being 15
Clause72.(1)
complied with, an authorised person may-- 16
(a) enter a place at any reasonable time of the day or night; and 17
(b) exercise the powers mentioned in section 75. 18
(2) An authorised person may enter a place only if-- 19
(a) the occupier of the place consents to the entry; or 20
(b) a warrant under section 81 authorises the entry; or 21
(c) if the place is a public place--the entry is made when-- 22
(i) members of the public attend; or 23
(ii) the place is open for admission by the public; or 24
(d) if the place is a place in relation to which a licence or entitlement 25
is in force under this Act--the entry is made when the place-- 26
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(i) is open for conduct of business; or 1
(ii) is otherwise open for entry. 2
and search--evidence of offences 3
Entry
If an authorised person has reasonable grounds for suspecting 4
Clause73.(1)
that there is in a place a particular thing (the "evidence") that may afford 5
evidence of the commission of an offence against this Act, the authorised 6
person may-- 7
(a) enter the place; and 8
(b) exercise the powers mentioned in section 75. 9
(2) If the authorised person enters the place and finds the evidence-- 10
(a) the authorised person may-- 11
(i) seize the evidence; and 12
(ii) keep the evidence in accordance with subsection (4); and 13
(b) if the evidence is a document--while the authorised person has 14
possession of the document, the authorised person-- 15
(i) may take extracts from, and make copies of, the document; 16
and 17
(ii) must allow the document to be inspected at any reasonable 18
time by a person who would be entitled to inspect it if it 19
were not in the authorised person's possession. 20
(3) The authorised person may enter the place only if-- 21
(a) the occupier of the place consents to the entry; or 22
(b) a warrant under section 82 that was issued in relation to the 23
evidence authorises the entry. 24
(4) The authorised person may keep evidence seized under 25
subsection (2)(a)(i)-- 26
(a) for 6 months; or 27
(b) if a prosecution for an offence against this Act in the commission 28
of which the evidence may have been used or otherwise involved 29
is started within that period--until the completion of the 30
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proceeding for the offence and any appeal in relation to the 1
proceeding. 2
(5) If, while searching the place under subsection (1) under a warrant 3
under section 82, the authorised person finds a thing (the "secondary 4
evidence") that is not the evidence, then, subject to subsection (6), 5
subsection (2) applies to the secondary evidence as if it were the evidence. 6
(6) Subsection (5) applies only if the authorised person believes on 7
reasonable grounds that-- 8
(a) the secondary evidence may afford evidence of the commission 9
of-- 10
(i) the offence mentioned in subsection (1); or 11
(ii) another offence against this Act; and 12
(b) it is necessary to seize the secondary evidence to prevent-- 13
(i) its concealment, loss or destruction; or 14
(ii) its use in committing, continuing or repeating either of the 15
offences. 16
to stop and search vehicles etc. 17
Power
Clause74.(1) In this section-- 18
"person in control" of a vehicle includes-- 19
(a) the driver of the vehicle; and 20
(b) the person in command of the vehicle; and 21
(c) the person who appears to be in control or command of the 22
vehicle. 23
(2) This section applies if an authorised person suspects on reasonable 24
grounds that-- 25
(a) a vehicle is being, or has been, used in the commission of an 26
offence against this Act; or 27
(b) a vehicle, or a thing on or in a vehicle, may afford evidence of the 28
commission of an offence against this Act. 29
(3) The authorised person may, with any assistance, and using any force, 30
45
Dairy Industry
that is necessary and reasonable-- 1
(a) enter or board the vehicle; and 2
(b) exercise the powers mentioned in section 75. 3
(4) If the vehicle is moving or about to move, the authorised person may 4
signal the person in control of the vehicle-- 5
(a) to stop the vehicle; or 6
(b) not to move the vehicle. 7
(5) The authorised person may require the person in control of the 8
vehicle-- 9
(a) to give reasonable assistance to enable the vehicle to be entered or 10
boarded under subsection (3); and 11
(b) to bring the vehicle to a specified place, and to remain in control 12
of the vehicle at the place for a reasonable time, to enable the 13
authorised person to exercise the powers conferred on the 14
authorised person in relation to the vehicle. 15
(6) If, while searching the vehicle, the authorised person finds a thing that 16
the authorised person believes on reasonable grounds may afford evidence 17
of the commission of an offence against this Act, section 73(2)(a) applies to 18
the thing and, if the thing is a document, section 73(2)(b) also applies to it. 19
(7) If, after searching the vehicle, the authorised person believes on 20
reasonable grounds that the vehicle may afford evidence of the commission 21
of an offence against this Act, section 73(2)(a) applies to the vehicle. 22
powers in relation to places and vehicles 23
General
An authorised person who enters a place, or enters or boards a 24
Clause75.(1)
vehicle, under this Part may exercise any of the following powers-- 25
(a) search any part of the place or vehicle; 26
(b) inspect, examine, photograph or film anything in or on the place 27
or vehicle; 28
(c) take extracts from, and make copies of, any documents in or on 29
the place or vehicle; 30
(d) take into or onto the place or vehicle any persons, equipment and 31
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materials that the authorised person reasonably requires for the 1
purpose of exercising any powers in relation to the place or 2
vehicle; 3
(e) require-- 4
(i) the occupier of the place; or 5
(ii) any person in or on the place or vehicle; 6
to give the authorised person reasonable assistance in relation to 7
the exercise of the powers mentioned in paragraphs (a) to (d); 8
(f) powers mentioned in the following provisions-- 9
(i) section 76 (Power to require name and address); 10
(ii) section 77 (Power to require answers to questions); 11
(iii) section 78(1) (Power to require production of licences etc.). 12
(2) This section does not limit any power that an authorised person has 13
apart from this section. 14
to require name and address 15
Power
Clause76.(1) This section applies if an authorised person-- 16
(a) finds a person committing an offence against this Act; or 17
(b) finds a person whom the authorised person has reasonable 18
grounds for suspecting of having committed an offence against 19
this Act; or 20
(c) believes on reasonable grounds that the name and address of a 21
person is required for the purpose of the enforcement of this Act. 22
(2) The authorised person may-- 23
(a) require the person to state the person's name and address; and 24
(b) if the authorised person believes on reasonable grounds that the 25
name or address given by the person is false--require evidence of 26
its correctness. 27
(3) If the authorised person makes a requirement under subsection (2), 28
the authorised person must warn the person of whom the requirement is 29
made that it is an offence against this Act to fail to comply with the 30
47
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requirement without reasonable excuse. 1
to require answers to questions 2
Power
If an authorised person believes on reasonable grounds that a 3
Clause77.(1)
person may be able to provide information relevant to the enforcement of 4
this Act, the authorised person may require the person to answer a question 5
relevant to the matter. 6
(2) If the authorised person makes a requirement under subsection (1), 7
the authorised person must warn the person of whom the requirement is 8
made that it is an offence against this Act to fail to comply with the 9
requirement without reasonable excuse. 10
to require production of licences etc. 11
Power
An authorised person may-- 12
Clause78.(1)
(a) require a person to produce to the authorised person-- 13
(i) a licence, entitlement or other authority held by the person 14
under this Act; or 15
(ii) a document required to be kept by the person under this Act; 16
and 17
(b) inspect, take extracts from, make copies of or keep a document 18
produced to the authorised person under paragraph (a). 19
(2) An authorised person-- 20
(a) may keep a document under subsection (1)(b) only for the 21
purpose of taking copies of the document; and 22
(b) must, as soon as practicable after taking the copies, return the 23
document to the person who produced it. 24
person to give notice of seizure or damage 25
Authorised
An authorised person who, in the exercise of a power under 26
Clause79.(1)
this Part, seizes or damages anything must immediately give written notice 27
of the particulars of the seizure or damage. 28
(2) The notice must be given to-- 29
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Dairy Industry
(a) for seizure--the person from whom the thing was seized; or 1
(b) for damage--the person who appears to the authorised person to 2
be the owner of the thing. 3
(3) If, for any reason, it is not practicable to comply with subsection (2), 4
the authorised person must-- 5
(a) leave the notice at the place where the seizure or damage 6
happened; and 7
(b) ensure the notice is left-- 8
(i) in a reasonably secure way; and 9
(ii) in a conspicuous position. 10
11
Compensation
A person may claim compensation from the Authority if the 12
Clause80.(1)
person incurs any loss or expense-- 13
(a) because of the exercise or purported exercise of a power under 14
this Part; or 15
(b) in complying with a requirement made of the person under this 16
Part. 17
(2) A payment of compensation may be claimed and ordered-- 18
(a) in proceedings for compensation brought in a court of competent 19
jurisdiction for the recovery of compensation; or 20
(b) during a proceeding for an offence against this Act brought 21
against the person by whom the claim is made. 22
(3) A court may order the payment of compensation for the loss or 23
expense only if it is satisfied that it is just to make the order in the 24
circumstances of the case. 25
3--Warrants 26
Division
49
Dairy Industry
warrants 1
Monitoring
An authorised person may apply to a Magistrate for a warrant 2
Clause81.(1)
under this section in relation to a particular place (other than premises, or the 3
part of premises, used exclusively for residential purposes). 4
(2) The Magistrate may issue the warrant if the Magistrate is satisfied, by 5
information on oath, that it is necessary and reasonable that the authorised 6
person should have access to the place for the purpose of finding out 7
whether this Act is being complied with. 8
related warrants 9
Offence
An authorised person may apply to a Magistrate for a warrant 10
Clause82.(1)
under this section in relation to a particular place. 11
(2) The Magistrate may issue the warrant if the Magistrate is satisfied, by 12
information on oath, that there are reasonable grounds for suspecting that 13
there is, or there may be within the next 7 days, in or on the place a 14
particular thing that may afford evidence of the commission of an offence 15
against this Act. 16
may require further information before issuing warrant 17
Magistrate
If, in relation to an application for a warrant under section 81 or 18
Clause83.
82, the Magistrate requires further information about the grounds on which 19
the issue of the warrant is being sought, the Magistrate may issue the 20
warrant only if the authorised person or another person has given the 21
information to the Magistrate in the form (either orally or by affidavit) that 22
the Magistrate requires. 23
of warrants 24
Contents
A warrant under section 81 or 82 must-- 25
Clause84.(1)
(a) authorise the authorised person, with any assistance, and using 26
any force, that is necessary and reasonable-- 27
(i) to enter the place; and 28
(ii) to exercise the powers mentioned in section 75(1)(a) to (f); 29
and 30
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Dairy Industry
(iii) in the case of a warrant under section 82--to seize a 1
specified thing; and 2
(b) specify the day (not later than 14 days after the issue of the 3
warrant) on which the warrant ceases to have effect; and 4
(c) state the purpose for which the warrant is issued. 5
(3) A warrant under section 81 must also state whether the entry is 6
authorised to be made-- 7
(a) at any reasonable time of the day or night; or 8
(b) only during specified reasonable hours of the day or night. 9
(4) A warrant under section 82 must also state whether the entry is 10
authorised to be made-- 11
(a) at any time of the day or night; or 12
(b) only during specified hours of the day or night. 13
may be issued by various forms of communication 14
Warrants
An authorised person may, under this section, apply by 15
Clause85.(1)
telephone, facsimile, radio or another form of communication for a warrant 16
under section 81 or 82 if the authorised person considers it necessary to 17
make the application because of-- 18
(a) urgent circumstances; or 19
(b) other special circumstances, including, for example, the 20
authorised person's remote location. 21
(2) Before applying for the warrant, the authorised person must prepare 22
an information of the kind mentioned in section 81(2) or 82(2) that sets out 23
the grounds on which the issue of the warrant is sought. 24
(3) The authorised person may, if necessary, apply for the warrant before 25
the information has been sworn. 26
(4) If the Magistrate-- 27
(a) after having considered the terms of the information; and 28
(b) after having received any further information that the Magistrate 29
requires about the grounds on which the issue of the warrant is 30
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being sought; 1
is satisfied that there are reasonable grounds for issuing the warrant, the 2
Magistrate may, under section 81 or 82, complete and sign the warrant that 3
the Magistrate would issue under the section if the application had been 4
made under the section. 5
(5) If the Magistrate completes and signs the warrant, the Magistrate 6
must-- 7
(a) immediately send a copy of the warrant to the authorised person 8
by facsimile; or 9
(b) if it is not practicable to do so-- 10
(i) tell the authorised person what the terms of the warrant are; 11
and 12
(ii) tell the authorised person the day and time when the warrant 13
was signed; and 14
(iii) record on the warrant the reasons for granting the warrant. 15
(6) If the Magistrate takes the action mentioned in subsection (5)(b), the 16
authorised person must-- 17
(a) complete a form of warrant in the same terms as the warrant 18
completed and signed by the Magistrate; and 19
(b) write on the form of the warrant-- 20
(i) the name of the Magistrate; and 21
(ii) the day and time when the Magistrate signed the warrant. 22
(7) The authorised person must also send to the Magistrate-- 23
(a) the information mentioned in subsection (2), which must have 24
been properly sworn; and 25
(b) if a form of warrant was completed by the authorised person 26
under subsection (6)--the completed form of warrant. 27
(8) A document mentioned in subsection (7) must be sent-- 28
(a) not later than the day after the day of expiry or execution of the 29
warrant (whichever is the earlier); or 30
(b) if it is not practicable to comply with the time mentioned in 31
52
Dairy Industry
paragraph (a)--as soon as practicable afterwards. 1
(9) When the Magistrate receives the documents mentioned in 2
subsection (7), the Magistrate must-- 3
(a) attach them to the warrant that the Magistrate completed and 4
signed; and 5
(b) deal with them in the way in which the Magistrate would have 6
dealt with the information if the application for the warrant had 7
been made under section 81 or 82. 8
(10) A facsimile copy of a warrant, or a form of warrant properly 9
completed by the authorised person under subsection (6), is authority for 10
any entry, search, seizure or other exercise of a power that the warrant 11
signed by the Magistrate authorises. 12
(11) If-- 13
(a) it is material for a court to be satisfied that an entry, search, 14
seizure, or other exercise of power was authorised by this section; 15
and 16
(b) the warrant completed and signed by the Magistrate is not 17
produced in evidence; 18
the court must assume that the exercise of power was not authorised by a 19
warrant unless the contrary is proved. 20
4--Offences 21
Division
of authorised person to return identity card 22
Failure
A person who ceases to be an authorised person must not, 23
Clause86.
without reasonable excuse, fail to return the person's identity card to the 24
Authority as soon as practicable after ceasing to be an authorised person. 25
Maximum penalty--40 penalty units. 26
to comply with signal 27
Failure
A person must not, without reasonable excuse, disobey a 28
Clause87.(1)
signal under section 74(4) to stop or not to move a vehicle. 29
53
Dairy Industry
Maximum penalty--40 penalty units. 1
(2) It is a reasonable excuse for the person to fail to stop or to move the 2
vehicle if-- 3
(a) to obey immediately the signal would have endangered the person 4
or another person; and 5
(b) the person obeys the signal as soon as it is practicable to do so. 6
to comply with requirements relating to vehicles 7
Failure
Clause88. A person who is required under section 74(5)-- 8
(a) to give reasonable assistance to enable the entering or boarding of 9
a vehicle; or 10
(b) to take action in relation to a vehicle to enable the exercise of a 11
power by an authorised person; 12
must not, without reasonable excuse, fail to comply with the requirement. 13
Maximum penalty--40 penalty units. 14
to assist authorised person 15
Failure
A person who is required under section 75(1)(e) to give 16
Clause89.(1)
reasonable assistance to an authorised person in relation to the exercise of a 17
power must not, without reasonable excuse, fail to comply with the 18
requirement. 19
Maximum penalty--40 penalty units. 20
(2) If the assistance is required to be given by a person by-- 21
(a) answering a question; or 22
(b) producing a document (other than a document required to be kept 23
by the person under this Act); 24
it is a reasonable excuse for the person to fail to answer the question, or 25
produce the document, if complying with the requirement might tend to 26
incriminate the person. 27
54
Dairy Industry
to provide name and address 1
Failure
A person who is required under section 76 to state the 2
Clause90.(1)
person's name or address must not-- 3
(a) without reasonable excuse, fail to comply with the requirement; 4
or 5
(b) state a false name or address. 6
Maximum penalty--40 penalty units. 7
(2) A person who is required under section 76 to give evidence of the 8
correctness of a name or address must not-- 9
(a) without reasonable excuse, fail to give the evidence; or 10
(b) give false evidence. 11
Maximum penalty--40 penalty units. 12
(3) If-- 13
(a) an authorised person makes a requirement of a person under 14
section 76 on a suspicion of the person having committed an 15
offence; and 16
(b) the person is not proved to have committed the offence; 17
the person does not commit an offence against this section by failing to 18
comply with the requirement. 19
to answer question 20
Failure
A person who is required by an authorised person under 21
Clause91.(1)
section 77 to answer a question must not, without reasonable excuse, fail to 22
comply with the requirement. 23
Maximum penalty--40 penalty units. 24
(2) It is a reasonable excuse for a person to fail to answer a question if 25
answering the question might tend to incriminate the person. 26
(3) If-- 27
(a) an authorised person requires under section 77 a person to answer 28
a question on the basis of a reasonable belief about information; 29
and 30
55
Dairy Industry
(b) the information is not in fact relevant to the enforcement of this 1
Act; 2
the person does not commit an offence against this section by failing to 3
comply with the requirement. 4
to produce document 5
Failure
A person who is required under section 78 to produce a 6
Clause92.
document must not, without reasonable excuse, fail to comply with the 7
requirement. 8
Maximum penalty--40 penalty units. 9
or misleading documents 10
False
A person must not give to an authorised person a document 11
Clause93.(1)
containing information that the person knows is false, misleading or 12
incomplete in a material particular. 13
Maximum penalty--40 penalty units. 14
(2) Subsection (1) does not apply to a person if, when the person gives 15
the document to the authorised person, the person-- 16
(a) indicates to the authorised person that the document is false, 17
misleading or incomplete; and 18
(b) indicates the respect in which the document is false, misleading or 19
incomplete; and 20
(c) gives the correct information to the authorised person if the 21
person has, or can reasonably obtain, the correct information. 22
or misleading information 23
False
A person must not-- 24
Clause94.(1)
(a) make a statement to an authorised person that the person knows 25
is false or misleading in a material particular; or 26
(b) omit from a statement made to an authorised person anything 27
without which the statement is, to the person's knowledge, 28
misleading in a material particular. 29
56
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Maximum penalty--40 penalty units. 1
(2) A complaint against a person for an offence against subsection (1)(a) 2
or (b) is sufficient if it states that the statement made was false or 3
misleading to the person's knowledge. 4
of authorised persons 5
Obstruction
Clause95. A person must not, without reasonable excuse-- 6
(a) obstruct, hinder or resist; or 7
(b) attempt to obstruct, hinder or resist; 8
an authorised person in the exercise of a power under this Act. 9
Maximum penalty--80 penalty units. 10
of authorised persons 11
Impersonation
Clause96. A person must not pretend to be an authorised person. 12
Maximum penalty--80 penalty units. 13
PART 6--ADMINISTRATIVE APPEALS 14
Division 1--The Dairy Industry Tribunal 15
of Tribunal 16
Establishment
Clause97. The Dairy Industry Tribunal is established. 17
of the Tribunal 18
Composition
The Tribunal is to consist of 3 members appointed by the 19
Clause98.(1)
Governor in Council of whom-- 20
(a) 1 (the chairperson) is to be a Judge, Magistrate, barrister or 21
solicitor; and 22
57
Dairy Industry
(b) at least 1 is to be a person with wide knowledge and experience of 1
the dairy industry. 2
(2) A person is not eligible to be appointed as a member of the Tribunal 3
if the person-- 4
(a) is a member of the Legislative Assembly, or of any House of 5
Parliament of the Commonwealth, another State or a Territory; or 6
(b) is bankrupt; or 7
(c) has been convicted of an indictable offence; or 8
(d) is a patient within the meaning of the Mental Health Act 1974. 9
(3) The appointment of a member of the Tribunal is to be for the term 10
stated in the member's instrument of appointment. 11
(4) The office of a member of the Tribunal becomes vacant if the 12
member-- 13
(a) dies; or 14
(b) completes a term of office and is not reappointed; or 15
(c) resigns by written notice to the Minister; or 16
(d) is absent, without leave of the chairperson, from 3 consecutive 17
sittings of the Tribunal; or 18
(e) becomes bankrupt; or 19
(f) becomes a patient within the meaning of the Mental Health Act 20
1974; or 21
(g) is removed from office by the Governor in Council. 22
(5) The Governor in Council may appoint a person to act as a member of 23
the Tribunal-- 24
(a) during a vacancy in the office of a member; or 25
(b) during any period, or all periods, when the member is absent or 26
unable for any reason to act in the office. 27
of members of the Tribunal 28
Remuneration
A member of the Tribunal is to be paid the salary, fees, 29
Clause99.(1)
58
Dairy Industry
allowances and expenses that may be determined by the Governor in 1
Council. 2
(2) No salary or fees are to be paid to an officer of the public service for 3
performing duties as a member of the Tribunal. 4
and staff 5
Secretary
The Tribunal is to have a secretary and the other staff that are 6
Clause100.
necessary for the proper performance of its functions. 7
associated with the Tribunal 8
Costs
The Authority must defray from its funds all costs (including 9
Clause101.
salaries, fees, allowances and expenses) associated with the establishment 10
and operation of the Tribunal. 11
2--Proceedings of the Tribunal 12
Division
and place of proceedings 13
Time
The Tribunal is to sit at the times and places that may be 14
Clause102.
determined by the chairperson. 15
of the Tribunal 16
Decisions
The Tribunal may be constituted for the purpose of hearing 17
Clause103.(1)
an appeal by the chairperson and 1 or 2 other members. 18
(2) If the Tribunal is constituted of 3 members, a decision in which a 19
majority of the members agree is a decision of the Tribunal and, if it is 20
constituted of 2 members, the decision of the chairperson is, in the case of 21
disagreement, to be the decision of the Tribunal. 22
and procedure 23
Evidence
The Tribunal is not bound by the rules of evidence and may 24
Clause104.(1)
inform itself in any way it considers appropriate. 25
59
Dairy Industry
(2) The Tribunal may, subject to any procedural rules prescribed by 1
regulation, determine its own procedures. 2
(3) A party to an appeal may appear personally or by an agent before the 3
Tribunal but is not to be represented by counsel or a solicitor except by 4
leave of the Tribunal or the chairperson. 5
(4) The Tribunal, constituted of the chairperson alone, may conduct a 6
preliminary hearing of an appeal to determine interlocutory and other 7
preliminary matters and in the course of such a hearing the Tribunal may-- 8
(a) make orders relating to the conduct of the appeal; or 9
(b) require the parties to make discovery or permit inspection of 10
evidentiary material; or 11
(c) require the parties to file pleadings; or 12
(d) grant any party leave to be represented by counsel or a solicitor; 13
or 14
(e) strike out the appeal on the ground that it is frivolous or 15
vexatious. 16
as to witnesses etc. 17
Powers
The chairperson, or a person authorised in writing by the 18
Clause105.(1)
chairperson, may summon a person to appear before the Tribunal at a time 19
and place specified in the summons to give evidence or to produce 20
documents. 21
(2) The chairperson, or a person authorised by the chairperson, may 22
administer an oath or affirmation to any person appearing as a witness 23
before the Tribunal. 24
(3) A person who, without reasonable excuse-- 25
(a) refuses or fails to attend or to produce documents as required by a 26
summons under this section; or 27
(b) refuses or fails to appear from time to time in the course of the 28
proceedings as required by the chairperson; or 29
(c) refuses or fails to be sworn or to make an affirmation; or 30
(d) refuses or fails to answer a question that the person is required to 31
60
Dairy Industry
answer by the chairperson; 1
commits an offence. 2
Maximum penalty--40 penalty units. 3
(4) It is a reasonable excuse for a person to fail to answer a question or to 4
produce a document if answering the question or producing the document 5
might tend to incriminate the person. 6
(5) A person summoned as a witness before the Tribunal is entitled to 7
witness fees at a rate prescribed by regulation or, if no rate is prescribed, at a 8
rate determined by the chairperson. 9
3--Jurisdiction of the Tribunal 10
Division
to the Tribunal 11
Appeals
A person aggrieved by an order, direction or decision of the 12
Clause106.(1)
Authority or an authorised person may appeal against the order, direction or 13
decision to the Tribunal. 14
(2) However, the following are not subject to appeal-- 15
(a) an order or decision of the Authority in relation to the price, or 16
maximum or minimum price, of market milk; 17
(b) an order of the Authority that is subordinate legislation or a 18
decision of the Authority about making, amending or repealing 19
subordinate legislation; 20
(c) a decision by the Authority to grant a processor's licence on 21
terms conferring an exclusive right to sell pasteurised milk and 22
pasteurised cream to a particular segment of the market; 23
(d) an order, direction or decision of an authorised person that is, by 24
regulation, subject to administrative review by the Authority or an 25
officer of the Authority. 26
(3) An appeal may be based on 1 or more of the following grounds-- 27
(a) that the order, direction or decision is not in accordance with this 28
Act; 29
(b) that the order, direction or decision is manifestly unfair to the 30
61
Dairy Industry
appellant; 1
(c) that the order, direction or decision will cause severe and 2
unjustified financial hardship to the appellant. 3
of the Tribunal on appeal 4
Powers
The Tribunal may exercise any 1 or more of the following 5
Clause107.(1)
powers on appeal-- 6
(a) the Tribunal may confirm, vary or reverse the order, direction or 7
decision subject to the appeal; 8
(b) the Tribunal may set aside the order, direction or decision subject 9
to the appeal and, if the Tribunal considers it appropriate, the 10
Tribunal substitute its own order, direction or decision for that of 11
the Authority or the authorised person; 12
(c) the Tribunal may remit the subject matter of the appeal to the 13
Authority or the authorised person for further consideration or for 14
reconsideration. 15
(2) Effect is to be given to any order, direction or decision of the Tribunal 16
as if it were an order, direction or decision of the Authority or the authorised 17
person, as the case requires. 18
ART 7--MISCELLANEOUS 19
P
relating to analysis of dairy produce 20
Duty
If an authorised person takes a sample of dairy produce and 21
Clause108.(1)
submits it to an analyst for analysis, the authorised person must obtain from 22
the analyst a certificate certifying the results of the analysis and give the 23
person from whose dairy produce the sample was taken a copy of the 24
certificate. 25
(2) If a particular method of analysis has been prescribed by regulation, 26
the analyst must follow the method. 27
(3) A person must not use as an advertisement-- 28
62
Dairy Industry
(a) the results of an analysis made for the purposes of this Act; or 1
(b) a communication received from an analyst in connection with an 2
analysis made for the purposes of this Act. 3
Maximum penalty for subsection (3)--40 penalty units. 4
over licences 5
Securities
If the holder of a licence grants a security for the payment of 6
Clause109.(1)
a debt or the performance of any other obligation over the licence, the holder 7
of the licence must, within 30 days of granting the security, lodge a copy of 8
the instrument creating the security with the Authority. 9
Maximum penalty--40 penalty units. 10
(2) The Authority must keep a register of the securities lodged under this 11
section. 12
(3) A person may inspect the register on payment of the reasonable fee 13
fixed by the Authority. 14
of executive officers, employees and agents 15
Conduct
If, in a proceeding for an offence, it is necessary to establish 16
Clause110.(1)
the state of mind of a corporation in relation to particular conduct, it is 17
sufficient to show-- 18
(a) that the conduct was engaged in by an executive officer, employee 19
or agent of the corporation within the scope of his or her actual or 20
apparent authority; and 21
(b) that the executive officer, employee or agent had the state of 22
mind. 23
(2) Conduct engaged in on behalf of a corporation by an executive 24
officer, employee or agent of the corporation within the scope of his or her 25
actual or apparent authority is taken, in a proceeding for an offence, to have 26
been engaged in also by the corporation unless the corporation establishes 27
that it took reasonable precautions and exercised proper diligence to avoid 28
the conduct. 29
(3) If, in a proceeding for an offence, it is necessary to establish the state 30
of mind of an individual in relation to particular conduct, it is sufficient to 31
63
Dairy Industry
show-- 1
(a) that the conduct was engaged in by an employee or agent of the 2
individual within the scope of his or her actual or apparent 3
authority; and 4
(b) that the employee or agent had the state of mind. 5
(4) Conduct engaged in on behalf of an individual by an employee or 6
agent of the individual within the scope of his or her actual or apparent 7
authority is taken, in a proceeding for an offence, to have been engaged in 8
also by the individual unless the individual establishes that he or she took 9
reasonable precautions and exercised proper diligence to avoid the conduct. 10
(5) If-- 11
(a) an individual is convicted of an offence; and 12
(b) the individual would not have been convicted of the offence if 13
subsections (3) and (4) had not been enacted; 14
the individual is not liable to be punished by imprisonment for the offence. 15
(6) In this section-- 16
"engaging" in conduct includes failing to engage in conduct; 17
"state of mind" of a person includes-- 18
(a) the person's knowledge, intention, opinion, belief or purpose; and 19
(b) the person's reasons for the intention, opinion, belief or purpose. 20
of penalties 21
Appropriation
All penalties, costs, fees and other money recovered under this 22
Clause111.
Act are to be paid to the Authority and are to be applied by the Authority for 23
the purposes of this Act. 24
against persistent offenders 25
Injunction
Clause112.(1) If a person has been convicted on at least 3 separate occasions 26
of an offence against this Act, the Supreme Court may, on the application of 27
the Authority, grant an injunction against further contravention of this Act. 28
(2) If a person, against whom an injunction is in force under this section, 29
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Dairy Industry
again contravenes this Act, the person is liable, in addition to the penalty 1
otherwise applicable to the contravention to a further penalty of 100 penalty 2
units. 3
provision 4
Evidentiary
A certificate signed by a member or the secretary of the 5
Clause113.(1)
Authority to the effect that a person held or did not hold a licence of a 6
particular class or an entitlement under this Act at a stated time or for a 7
stated period is admissible in legal proceedings as evidence of that fact. 8
(2) The certificate of an analyst certifying the results of the analysis of a 9
sample of dairy produce under this Act is admissible in legal proceedings as 10
evidence of the results of the analysis. 11
12
Regulations
The Governor in Council may make regulations for the 13
Clause114.(1)
purposes of this Act. 14
(2) Regulations may be made on any of the following subjects-- 15
(a) the qualifications required for authorised persons, analysts and 16
other person engaged in the administration or enforcement of this 17
Act; 18
(b) the administration of the system of licences and entitlements 19
under this Act; 20
(c) the records to be kept and returns to be furnished by the holders 21
of licences and entitlements under this Act; 22
(d) the imposition of charges to be paid for the purposes of this Act; 23
(e) offences for contravention of a regulation and the maximum 24
penalties (which must not exceed 40 penalty units) for the 25
offences. 26
ART 8--TRANSITIONAL PROVISIONS 27
P
65
Dairy Industry
of former Authority 1
Continuation
Until a date fixed by regulation (the "transfer day"), the 2
Clause115.(1)
Queensland Dairy Industry Authority constituted under the former Act is to 3
continue in existence and is to exercise the powers and functions of the 4
Authority under this Act (and references in this Act to the "Authority" are, 5
where the context admits, to be interpreted accordingly). 6
(2) On the transfer day, the Queensland Dairy Industry Authority is 7
dissolved and all its assets, rights and liabilities vest in the Authority 8
constituted under this Act. 9
(3) This section expires at the end of the transfer day. 10
proceedings 11
Legal
Any legal proceeding by or against the Queensland Dairy 12
Clause116.(1)
Industry Authority that had not been completed before its dissolution may 13
be continued and completed by or against the Authority constituted under 14
this Act. 15
(2) This section expires at the end of the transfer day. 16
staff 17
Existing
Clause117.(1) Any person who held an office on the staff of the Queensland 18
Dairy Industry Authority immediately before the transfer day is, on that 19
day, transferred to a corresponding office on the staff of the Authority 20
without prejudice to existing and accruing rights in respect of employment. 21
(2) This section expires at the end of the transfer day. 22
arrangements and schemes 23
Superannuation
A superannuation arrangement or scheme to which the 24
Clause118.(1)
Queensland Dairy Industry Authority was contributing at the 25
commencement of this Act is taken to be an approved arrangement or 26
scheme for the purposes of section 27. 27
(2) This section expires at the end of the transfer day. 28
66
Dairy Industry
licences, permits and entitlements 1
Existing
A licence in force under the former Act immediately before 2
Clause119.(1)
the commencement of this Act (other than a milkseller's licence) continues 3
in force subject to this Act as if this Act had been in force when it was 4
granted and it had been granted under this Act. 5
(2) A permit in force under section 61 of the former Act immediately 6
before the commencement of this Act continues in force under this Act as if 7
it were a licence granted on a temporary basis under section 39(3). 8
(3) An entitlement in force under section 77 of the former Act 9
immediately before the commencement of this Act continues in force 10
subject to this Act as if it were an entitlement under section 49. 11
(4) If the holder of a processor's licence held an authorisation under 12
section 90 of the former Act immediately before the commencement of this 13
Act, the processor's licence continues in force, subject to suspension or 14
cancellation under this Act, until 31 December 1995 as if it were a licence 15
conferring exclusive trading rights under section 42 in the same terms as the 16
authorisation and then, subject to subsection (5), lapses. 17
(5) The Authority may, on the recommendation of the Council and with 18
the approval of the Minister, renew a licence mentioned in subsection (4) 19
from time to time on an annual basis from 31 December 1995. 20
(6) The terms and conditions of the licence, on its renewal, are to be as 21
proposed by the Authority, recommended by the Council and approved by 22
the Minister. 23
(7) Subsections (1) to (3) and this subsection expire at the end of the 24
transfer day. 25
orders etc. 26
Existing
An order, direction or decision of the Queensland Dairy 27
Clause120.(1)
Industry Authority or of an inspector under the former Act is, if its effect is 28
not exhausted at the commencement of this Act, subject to appeal under this 29
Act in the same way as if it were an order, direction or decision of the 30
Authority or an authorised person under this Act. 31
(2) This section expires at the end of the transfer day. 32
67
Dairy Industry
regulations 1
Existing
The regulations in force under the former Act immediately 2
Clause121.(1)
before the commencement of this Act remain in force, subject to 3
amendment or repeal by a regulation under this Act, for the purposes of this 4
Act and are to be read subject to the modifications that are necessary to 5
make them consistent with this Act and adapt their operation to the 6
provisions of this Act. 7
(2) The regulations mentioned in subsection (1) expire 6 months after the 8
commencement of this Act unless earlier repealed. 9
(3) This section expires 6 months after the commencement of this Act. 10
PART 9--REPEAL 11
12
Repeal
The Dairy Industry Act 1989 is repealed. 13
Clause122.
14
© State of Queensland 1993
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