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PARLIAMENT OF VICTORIA
Dairy Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
PART 2--DAIRY FOOD SAFETY VICTORIA 7
4. Dairy Food Safety Victoria 7
5. Objectives of the Authority 8
6. Functions of the Authority 8
7. Powers of the Authority 9
8. Accountability of Authority 9
9. Members of the Authority 10
10. Selection committee 10
11. Recommendations of a selection committee 12
12. Terms and conditions of office of members of the Authority 13
13. Validity of acts or decisions 14
14. Proceedings of the Authority 14
15. Pecuniary interests of members 15
16. Improper use of information 16
17. Delegation 16
18. Officers and employees 16
19. Borrowing and investment powers 17
20. Corporate plan 17
21. Reporting to the dairy industry 18
PART 3--DAIRY INDUSTRY LICENCES 19
22. Certain businesses and vehicles to be licensed 19
23. Application for a dairy industry licence 19
24. Licence fees 20
25. Dairy industry licences 20
26. Powers of Authority in respect of licences 21
27. Review of decision of Authority 22
28. Reasons for decision 23
29. Effect of issue of dairy industry licence 23
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Clause Page
30. Offence relating to dairy food 24
PART 4--FOOD SAFETY 25
31. Codes of Practice 25
32. Procedure for making a Code of Practice 26
33. Commencement of Code of Practice 27
34. Availability of Codes of Practice 27
35. Evidentiary provisions 28
36. Sale and delivery of dairy food which has not been pasteurised or
packed and sealed as required 28
37. Approval of programs 28
38. Minister may require certain dairy industry licences to have
food safety program 29
39. Contents of program 29
40. Compliance monitoring 30
41. Audit of food safety programs 30
42. Withdrawal or suspension 31
PART 5--ENFORCEMENT AND LEGAL PROCEEDINGS 32
43. Authorised officers 32
44. Certain records to be kept 32
45. General powers of authorised officers 32
46. Actions which an authorised officer may take 35
47. Destruction of dairy food 36
48. Seized or detained dairy food 37
49. Procedure in respect of samples 38
50. Offences with respect to authorised officers 40
51. Defence to certain charge 42
52. Particular defence not available 42
53. Miscellaneous offences 42
54. General penalty 43
55. Persons who are liable for offences 43
56. Defence to charge 44
57. Power of authorised officer to prosecute 44
58. Service 44
59. Evidentiary provisions 45
60. Immunity 47
61. Regulations 48
PART 6--MISCELLANEOUS AND TRANSITIONAL 51
62. Repeals 51
63. Transfer of Funds 51
64. Transfer of staff 51
65. Independent entity 53
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Clause Page
66. Repeal of licensing and quality assurance provisions of the Dairy
Industry Act 1992 54
67. Repeal of Dairy Industry Act 1992 55
68. No duty or tax chargeable 55
69. Amendment to the Borrowing and Investment Powers Act
1987 55
70. Amendment of Livestock Disease Control Act 1994 56
NOTES 57
INDEX 58
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PARLIAMENT OF VICTORIA
Initiated in Assembly 3 May 2000
A BILL
to establish Dairy Food Safety Victoria with responsibility for dairy
industry licensing and dairy food safety, to repeal the Dairy Industry
Act 1992 and for other purposes.
Dairy Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose1
The purpose of this Act is to--
(a) remove the price and supply controls on
5 milk;
(b) establish Dairy Food Safety Victoria;
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(c) provide a licensing system for the dairy
industry;
(d) enable Codes of Practice and food safety
programs to be implemented in relation to
5 dairy food;
(e) repeal the Dairy Industry Act 1992.
2. Commencement
(1) This Part comes into operation on the day after the
day on which this Act receives the Royal Assent.
10 (2) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
3. Definitions
In this Act--
"authorised officer" means any person appointed
15 under section 43;
"Authority" means Dairy Food Safety Victoria;
"Chairperson" means the Chairperson of the
Authority;
"Code of Practice" means a Code of Practice
20 made under section 31;
"Commonwealth Act" has the same meaning as
in section 63A of the Food Act 1984;
"dairy distribution premises" means any
premises where packaged dairy food is sold
25 or distributed other than--
(a) dairy manufacturing premises; or
(b) premises used only for retail purposes;
"dairy distributor" means the owner of any
dairy distribution premises;
30 "dairy farm" means any premises where cows,
goats, sheep or buffalo--
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(a) are kept; or
(b) are milked--
for the purpose of producing milk for profit
or sale;
5 "dairy farmer" means the owner of a dairy farm;
"dairy food" means--
(a) milk and liquid milk products;
(b) dried milk and dried milk products;
(c) condensed milks;
10 (d) cream and cream products;
(e) butter, butter products, dairy blend and
dairy spreads;
(f) cheese and cheese products;
(g) yoghurt and yoghurt products;
15 (h) ice cream, reduced fat ice cream and
low fat ice cream;
(i) any other product or class of products
declared by a determination to be dairy
food--
20 but does not include any product or class of
product declared by a determination not to
be dairy food;
"dairy food carrier" means the owner of any
business engaged in the transport of dairy
25 food in a bulk container;
"dairy industry licence" means a licence issued
by the Authority under Part 3;
"dairy premises" means--
(a) a dairy farm;
30 (b) a dairy manufacturing premises;
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(c) a dairy distribution premises;
"dairy manufacturing premises" means any
premises where--
(a) milk is received direct from a dairy
5 farm; or
(b) dairy food is manufactured or packed;
"dairy manufacturer" means the owner of any
dairy manufacturing premises;
"dairy transport vehicle" means any vehicle
10 used principally to transport dairy food in a
bulk container;
"Department" means the Department of Natural
Resources and Environment;
"determination" means a determination made by
15 the Authority under this Act;
"Food Standards Code" has the same meaning
as in section 63A of the Food Act 1984;
"ice cream" has the same meaning as in the Food
Standards Code;
20 "licensee" means the holder of a dairy industry
licence;
"low fat ice cream" has the same meaning as in
the Food Standards Code;
"manufacture" includes prepare or process;
25 "member" means a member of the Authority;
"milk" means milk derived from a cow, goat,
sheep or buffalo;
"Minister" means the Minister for the time being
administering this Act;
30 "owner" in relation to any premises--
(a) includes in any case, the--
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(i) occupier; or
(ii) person in charge or apparently in
charge; or
(iii) owner's agent; or
5 (iv) owner's manager; and
(b) in the case of a body corporate or
unincorporate, also includes the
manager, secretary or other controlling
officer of that body;
10 "package" means anything in or by which food is
wholly or partly cased, covered, enclosed,
contained or packed;
"person" includes a body or association
(corporate or unincorporate) and a
15 partnership;
"premises" includes--
(a) a building or part of a building;
(b) a tent, stall or other structure whether
permanent or temporary;
20 (c) land whether or not appurtenant to a
building;
"prescribed" means prescribed by the
regulations or a Code of Practice;
"reduced fat ice cream" has the same meaning
25 as in the Food Standards Code;
"regulations" means regulations made under this
Act;
"sell", in relation to dairy food, includes--
(a) barter, offer or attempt to sell, receive
30 for sale, have in possession for sale,
expose for sale, send, forward or
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deliver for sale, or cause or permit to be
sold or offered for sale;
(b) sell for resale;
(c) supply pursuant to a contract, together
5 with accommodation, service or
entertainment, in consideration of an
inclusive charge for the dairy food
supplied and the accommodation,
service or entertainment;
10 "substance" includes a mixture or compound;
"test" means to determine the safety, content or
constituents of dairy food;
"vehicle" means a conveyance designed to be
propelled or drawn by any means whether or
15 not capable of being so propelled or drawn,
and includes cart, caravan, bicycle, railway
carriage, tram-car, ship, boat, barge, vessel,
aircraft and air-cushion vehicle.
_______________
20
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PART 2--DAIRY FOOD SAFETY VICTORIA
4. Dairy Food Safety Victoria
(1) There is established by this Act an Authority by
the name of Dairy Food Safety Victoria.
5 (2) The Authority--
(a) is a body corporate with perpetual
succession;
(b) is not to be deemed to represent the Crown
in right of the State of Victoria;
10 (c) must have a common seal;
(d) may sue and be sued in its corporate name;
(e) is, subject to this Act, capable of taking,
purchasing, leasing, holding, selling and
disposing of real and personal property for
15 the purpose of performing its functions and
exercising its powers under this Act;
(f) is capable of doing and suffering all such
acts and things as bodies corporate may by
law do and suffer and which are necessary or
20 expedient for the purpose of performing its
functions and exercising its powers under
this Act.
(3) The common seal of the Authority must be kept in
such custody as the Authority directs and must not
25 be used except as authorised by the Authority.
(4) All courts and persons acting judicially must take
judicial notice of the seal of the Authority fixed to
a document and must presume that it was duly
affixed.
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5. Objectives of the Authority
The objectives of the Authority are to--
(a) ensure that standards which safeguard public
health are maintained in the Victorian dairy
5 industry;
(b) ensure that it performs its functions and
exercises its powers efficiently and
effectively.
6. Functions of the Authority
10 The functions of the Authority are to--
(a) establish, maintain and improve--
(i) the food safety standards of dairy food;
(ii) the standards of construction and
hygiene of plant and equipment in a
15 dairy manufacturing premises;
(iii) the standards of maintenance,
cleanliness and hygiene of dairy
transport vehicles;
(b) monitor and review the standards specified
20 in paragraph (a);
(c) approve and monitor the implementation of
food safety programs;
(d) administer the licensing system under Part 3;
(e) ensure that appropriately qualified persons
25 are appointed as authorised officers;
(f) fix and charge fees in respect of the carrying
out of its functions or the exercise of its
powers;
(g) in consultation with the Secretary to the
30 Department of Human Services or a
municipal council, protect public health;
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(h) advise the Minister on matters relating to the
administration of this Act;
(i) carry out any other function that is conferred
on the Authority by this Act or any other
5 Act.
7. Powers of the Authority
(1) Subject to this Act, the Authority has all the
powers necessary to enable it to perform its
functions.
10 (2) Without limiting its other powers, the Authority
may--
(a) enter into agreements or arrangements for
the provision of services to the Authority or
for the provision of services by the
15 Authority;
(b) fix and charge fees for the carrying out of its
functions or the provision of its services or
the services of authorised officers;
(c) expend any part of its funds in carrying out
20 its functions and powers, or in paying
remuneration and allowances to its members.
8. Accountability of Authority
(1) The Authority must exercise its powers and
perform its functions under this Act subject to any
25 specific written directions given by the Minister in
relation to a matter or class of matters specified in
the directions.
(2) Where the Authority has been given a written
direction under sub-section (1), the Authority--
30 (a) may cause that direction to be published in
the Government Gazette; and
(b) must publish that direction in its annual
report.
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9. Members of the Authority
(1) The Authority is to consist of 7 members.
(2) The Minister may appoint 1 member who is to be
the Chairperson.
5 (3) The Minister may appoint 1 member who is to be
an employee of the Department nominated by the
Secretary to the Department.
(4) The Minister must appoint the other 5 members
after consideration of any recommendations of the
10 selection committee and having regard to their
expertise in one or more of the following areas--
(a) on-farm milk production;
(b) dairy food manufacturing;
(c) public health;
15 (d) food technology and safety;
(e) business management;
(f) consumer issues;
(g) any other area which the Minister considers
relevant to the functions or powers of the
20 Authority.
(5) The Authority may appoint one of the members to
be Deputy Chairperson.
(6) If the Minister requests the selection committee to
make a recommendation for an appointment to the
25 Authority and specifies a period within which the
recommendation must be made and the committee
does not comply with the request, the Minister
may make that appointment without that
recommendation.
30 10. Selection committee
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(1) A selection committee is to be established and
appointed by the Minister to make nominations
for appointment to the Authority.
(2) The selection committee consists of 3 members of
5 whom--
(a) one is to be appointed on the nomination of
the State organisation or State division of an
organisation that the Minister determines is
best representative of dairy farmers; and
10 (b) two are to be appointed on the nomination of
the State organisations or State divisions of
organisations that the Minister determines
are best representative of dairy food
manufacturers.
15 (3) The Minister may reject as unsuitable a
nomination for appointment under sub-section (2)
and may call for a further nomination.
(4) A person is not eligible to be nominated for
appointment under sub-section (2) unless he or
20 she has qualifications or experience in the
industry which he or she is nominated to
represent.
(5) A member of the Authority is not eligible to be
appointed to a selection committee.
25 (6) The chairperson is to be selected by the committee
from among its members.
(7) Subject to this Act, a selection committee may
regulate its own proceedings.
(8) The Authority must meet the expenses reasonably
30 incurred--
(a) by a member of the committee in performing
his or her duties; and
(b) in convening and conducting meetings of the
committee.
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(9) The Minister may, at any time--
(a) remove a committee member from office if
the member--
(i) becomes incapable of performing his or
5 her duties;
(ii) is negligent in the performance of those
duties;
(iii) engages in improper conduct;
(iv) is found guilty of an offence against
10 this Act; or
(b) dissolve the committee.
(10) A member of the committee may resign his or her
office by writing delivered to the Minister.
(11) The office of a member of the committee becomes
15 vacant on the receipt by the Minister of a written
notice of withdrawal of the person's nomination
by the organisation or organisations which
nominated the person for appointment.
11. Recommendations of a selection committee
20 (1) A selection committee must recommend people to
fill vacancies in the membership of the Authority
under section 9(4).
(2) The committee must only recommend a person
who is eligible to fill that vacancy.
25 (3) A member of the committee is not eligible for
recommendation by the committee.
(4) A recommendation must not be made unless all
the members of the committee are present when
the decision is made.
30 (5) A recommendation--
(a) must be in writing;
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(b) must be given to the Minister in the time
requested by the Minister;
(c) must only recommend one person in respect
of each vacancy;
5 (d) must give reasons as to why the person
satisfies the criteria for appointment.
(6) The Minister must consider the recommendations
of the selection committee but may reject a
recommendation.
10 12. Terms and conditions of office of members of the
Authority
(1) Subject to this section, each member holds office
for a term not exceeding 3 years as is specified in
the instrument of appointment.
15 (2) A member is eligible for re-appointment.
(3) The office of a member becomes vacant if the
member--
(a) becomes bankrupt;
(b) is found guilty of an indictable offence or of
20 an offence that, if committed in Victoria,
would be an indictable offence;
(c) is absent from 2 consecutive meetings of the
Authority without the approval of the
Authority;
25 (d) retires, resigns or dies.
(4) The Minister may remove a member from office if
the member--
(a) becomes incapable of performing his or her
duties; or
30 (b) is negligent in the performance of those
duties; or
(c) engages in improper conduct; or
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(d) fails to disclose a pecuniary interest as
required by section 15; or
(e) is found guilty of an offence against this Act.
(5) A member may resign by writing addressed to the
5 Minister.
(6) A member is not subject to the Public Sector
Management and Employment Act 1998 in
respect of the office of member.
(7) A member who is not an employee in the public
10 service is entitled to the remuneration and
allowances (if any) fixed by the Minister.
(8) An instrument of appointment may specify other
terms and conditions of employment not
inconsistent with this Act.
15 (9) If the office of a member becomes vacant before
the end of the term of the office, the Minister may
appoint in accordance with section 9 a person to
fill the vacancy and to hold office, subject to this
Act, for the remainder of the term.
20 (10) If the vacancy occurs within 6 months of the end
of the term of the office, the office may be left
vacant for the remainder of the term.
13. Validity of acts or decisions
An act or decision of the Authority is not invalid
25 by reason only of--
(a) any vacancy in the office of a member; or
(b) any defect or irregularity in or in connection
with the appointment of a member.
14. Proceedings of the Authority
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(1) Four members of whom at least one must be either
the Chairperson or the Deputy Chairperson
constitutes a quorum.
(2) A question arising at a meeting of the Authority
5 must be determined by a majority of votes of
members present and voting on the question.
(3) If voting is equal, the person presiding has a
casting, as well as a deliberative, vote.
(4) The person presiding at a meeting must ensure
10 that minutes of the meeting are kept.
(5) Subject to this Act, the Authority may regulate its
own proceedings.
15. Pecuniary interests of members
(1) A member who has a pecuniary interest in a
15 matter being considered or about to be considered
by the Authority must as soon as practical after
the relevant facts have come to the member's
knowledge declare the nature of that interest at a
meeting of the Authority.
20 Penalty: 60 penalty units.
(2) Sub-section (1) does not apply in the case of a
member engaged in the dairy industry if the
interest is no greater than that of any other person
so engaged.
25 (3) The Chairperson of a meeting at which a
declaration is made under this section must cause
a record of the declaration to be made in the
minutes of the meeting.
(4) Unless the Authority otherwise resolves, a
30 member who has made a declaration under sub-
section (1) must not be present during any
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deliberation with respect to, or vote on, the matter
in respect of which the declaration is made.
Penalty: 60 penalty units.
16. Improper use of information
5 A person who is, or has been, a member, officer or
employee of the Authority must not make
improper use of any information acquired in the
course of his or her duties to obtain directly or
indirectly any pecuniary or other advantage for
10 himself or herself or for any other person.
Penalty: 60 penalty units.
17. Delegation
The Authority may by an instrument of delegation
under its common seal delegate to an employee of
15 the Authority any power, duty or function of the
Authority under this Act, other than this power of
delegation.
18. Officers and employees
(1) Subject to sub-section (2), the Authority must
20 appoint--
(a) a General Manager who shall be the Chief
Executive Officer of the Authority;
(b) such other officers and employees as are
necessary to enable the Authority to perform
25 its functions, exercise its powers and achieve
its objectives.
(2) The first General Manager appointed under this
Act is to be appointed by the Chairperson of the
Authority.
30 (3) Subject to and in accordance with the policies and
directions given to the General Manager by the
Authority, the General Manager is--
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(a) responsible for the administration of the day
to day management of the affairs and
undertakings of the Authority; and
(b) under a duty to satisfy the Authority that
5 any--
(i) payments for the purposes of this Act
are made; and
(ii) officers and employees appointed under
sub-section (1) are deployed--
10 in a manner which is consistent with the
objectives and functions of the Authority
under this Act.
(4) An officer or employee of the Authority must at
all times--
15 (a) act honestly; and
(b) use reasonable diligence in the discharge of
duties under this Act.
(5) Persons appointed as officers or employees of the
Authority under this section are not subject to the
20 Public Sector Management and Employment
Act 1998.
19. Borrowing and investment powers
The Authority has the powers conferred on it by
the Borrowing and Investment Powers Act
25 1987.
20. Corporate plan
(1) The Authority must, with its first annual report
under this Act, submit to the Minister a corporate
plan for the next 5 years containing--
30 (a) an assessment of the operating environment;
and
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(b) the corporate objectives of the Authority;
and
(c) the strategies for achieving the corporate
objectives; and
5 (d) indicators against which the performance of
the Authority can be measured.
(2) The Authority must with each fifth annual report,
submit to the Minister a new corporate plan for
the next 5 years containing the matters specified
10 in sub-section (1).
(3) The Authority must take into account the views of
the dairy industry in preparing a corporate plan.
21. Reporting to the dairy industry
(1) Within 3 months of submitting its annual report to
15 the Minister, the Authority must hold a general
meeting with senior representatives of dairy
industry organisations recognised by the
Authority as being organisations that represent a
significant section or group within the dairy
20 industry.
(2) The Authority must give at least 6 weeks notice of
the general meeting to each organisation under
sub-section (1).
(3) The notice of the general meeting must specify
25 matters to be considered and request submission
within 3 weeks of further matters for
consideration at the general meeting.
(4) The Authority must report to the general meeting
on its performance and activities during the
30 preceding financial year.
(5) The Authority may present the report in such form
as it considers appropriate.
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PART 3--DAIRY INDUSTRY LICENCES
22. Certain businesses and vehicles to be licensed
(1) A person must not commence or conduct business
as a--
5 (a) dairy farmer;
(b) dairy manufacturer;
(c) dairy food carrier;
(d) dairy distributor--
unless that person holds a current and valid dairy
10 industry licence in respect of the business.
Penalty: 120 penalty units.
(2) A person must not--
(a) own a dairy transport vehicle which is used
or intended to be used to transport dairy food
15 in bulk; or
(b) use a dairy transport vehicle to transport
dairy food in bulk--
unless there is a current and valid dairy industry
licence in respect of the dairy transport vehicle or
20 unless there is a dairy industry licence or
corresponding authority in force under this Act or
any corresponding law of another State or
Territory of the Commonwealth in respect of the
dairy transport vehicle.
25 Penalty: 120 penalty units.
23. Application for a dairy industry licence
(1) An application for the issue, renewal or transfer of
a dairy industry licence must be made to the
Authority--
30 (a) in the form approved by the Authority; and
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(b) containing the particulars required by the
Authority; and
(c) together with the fee fixed for that dairy
industry licence or class of dairy industry
5 licence by the Authority.
(2) The Authority may fix a proportionate fee for a
licence issued for a period greater or less than
1 year.
24. Licence fees
10 (1) The Authority may in respect of the issue, transfer
or renewal of dairy industry licences fix--
(a) specific fees; or
(b) maximum or minimum fees; or
(c) differential fees; or
15 (d) scales of fees.
(2) The Authority must determine--
(a) the criteria for determining; and
(b) the structure of--
licence fees in consultation with the dairy
20 industry.
(3) The criteria may include--
(a) the value of services provided to a licensee;
(b) the value of industry wide benefits;
(c) the scale of operations of each licensee.
25 25. Dairy industry licences
(1) A dairy industry licence must be issued or
renewed by the Authority--
(a) subject to this Act and to such terms and
conditions as are determined by the
30 Authority;
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(b) in the form approved by the Authority;
(c) only in respect of the places or
circumstances specified in the licence;
(d) for such period as is determined by the
5 Authority being a period not greater than
2 years and which period must be specified
in the licence;
(e) unless sooner cancelled or suspended, to
remain in force until the day specified in the
10 licence for the expiration of that licence.
(2) The Authority may determine different classes of
dairy industry licences.
26. Powers of Authority in respect of licences
(1) The Authority may--
15 (a) refuse to issue;
(b) issue or renew subject to conditions (if any);
(c) refuse to renew;
(d) refuse to transfer;
(e) cancel;
20 (f) suspend--
a dairy industry licence on any of the grounds
specified in sub-section (2) and must in any such
case notify the applicant or licensee in writing of
the ground for doing so.
25 (2) The grounds are--
(a) the licensee has ceased to carry on business
of the nature specified in the licence;
(b) the applicant or the licensee, as the case may
be, does not, or the premises or the vehicle
30 does not, meet or comply with any
requirement of this Act, the regulations or a
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Code of Practice or of the Health Act 1958
or the Food Act 1984 that is applicable;
(c) the applicant or the licensee, as the case may
be, has been convicted of an offence in
5 relation to a requirement specified in
paragraph (b);
(d) the licensee has failed to comply with any
condition specified in the licence;
(e) the Authority has withdrawn or suspended
10 approval of a food safety program;
(f) any other ground which is prescribed for the
purposes of this section.
(3) The Authority may insert a new condition or
amend, vary or delete any condition or other
15 matter specified in a dairy industry licence and
must advise the licensee in writing of any such
insertion, amendment, variation or deletion.
(4) The Authority may issue or renew a dairy industry
licence for a period not exceeding 6 months so as
20 to enable the applicant or licensee to comply with
any requirements under sub-section (2)(b) or any
condition under sub-section (2)(d) or (2)(e).
27. Review of decision of Authority
(1) Any person whose interests are affected by any
25 decision of the Authority to--
(a) refuse to issue;
(b) issue or renew subject to conditions;
(c) refuse to renew;
(d) refuse to transfer;
30 (e) cancel;
(f) suspend;
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(g) amend, vary or delete a condition or insert a
new condition in--
a dairy industry licence may within 28 days of
being notified of the decision apply to the
5 Victorian Civil and Administrative Tribunal for
review of the decision.
(2) A decision of the Authority to cancel or suspend a
dairy industry licence does not take effect--
(a) until the expiry of 28 days from the day on
10 which the licensee is notified of the decision;
or
(b) if an application under sub-section (1) is
made for review of the decision, unless and
until the review has been determined in
15 favour of the Authority.
28. Reasons for decision
If, under the Victorian Civil and Administrative
Tribunal Act 1998, a person requests a statement
of reasons for the decision, the period of 28 days
20 referred to in section 27(1) or 27(2)(a) is extended
until the day on which the statement of reasons is
given to the person or the person is informed
under section 46(5) of that Act that a statement of
reasons will not be given.
25 29. Effect of issue of dairy industry licence
The issue of a dairy industry licence does not--
(a) entitle the licensee to any specified business
or market share or other entitlement;
(b) guarantee the licensee the supply of any
30 dairy food or other goods or services.
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30. Offence relating to dairy food
A person must not in the course of any business
accept, collect, take delivery of, sell or buy, or
permit or cause to be accepted, collected, taken
5 delivery of, sold or bought any dairy food from a
business which is required to be licensed under
this Act if there is no dairy industry licence or
corresponding authority in force under this Act or
any corresponding law of another State or
10 Territory of the Commonwealth in respect of that
business.
Penalty: 120 penalty units
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PART 4--FOOD SAFETY
31. Codes of Practice
(1) The Authority may make Codes of Practice in
accordance with this Part.
5 (2) A Code of Practice must be approved by the
Minister before it is made.
(3) A Code of Practice may apply, adopt or
incorporate any matter contained in any
document, code, standard, rule, specification or
10 method formulated, issued, prescribed or
published by any authority or body whether--
(a) wholly or partially or as amended by the
Code of Practice; or
(b) as formulated, issued, prescribed or
15 published at the time the Code of Practice is
made or at any time before then; or
(c) as formulated, issued, prescribed or
published from time to time.
(4) If a Code of Practice has applied, adopted or
20 incorporated any matter contained in any
document, code, standard, rule, specification or
method as formulated, issued, prescribed or
published from time to time and that document,
code, standard, rule, specification or method is at
25 any time amended, until the Authority causes
notice to be published in the Government Gazette
of that amendment, the document, code, standard,
rule, specification or method is to be taken not to
have been so amended.
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(5) A Code of Practice may--
(a) confer a discretionary authority or impose a
duty on a specified person or body or a
specified class of persons and bodies;
5 (b) leave any matter or thing to be from time to
time determined, applied, dispensed with or
regulated by the Authority;
(c) authorise an officer or employee of the
Authority to enforce the Code of Practice.
10 32. Procedure for making a Code of Practice
(1) Before the Authority makes a Code of Practice it
must comply with the following procedure.
(2) The Authority must give a notice stating--
(a) the purpose and general purport of the
15 proposed Code of Practice;
(b) where a copy of the proposed Code of
Practice can be obtained or inspected;
(c) that any person may make a submission on
the proposed Code of Practice to the
20 Authority within the period specified in the
notice.
(3) The Authority must allow at least 28 days after
the day on which a notice is given under sub-
section (2) for the making of submissions.
25 (4) After the Authority has considered any
submission, the Authority must give a notice
stating that it intends to make the Code of
Practice.
(5) A notice under this section must be--
30 (a) published in the Government Gazette;
(b) published in a daily newspaper generally
circulating in Victoria;
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(c) sent to dairy industry bodies or organisations
which the Authority considers are likely to
be affected by the proposed Code of
Practice.
5 33. Commencement of Code of Practice
A Code of Practice or a provision of a Code of
Practice comes into operation at the beginning of
the day on which the Code of Practice is approved
by the Minister or at the beginning of such later
10 day as is expressed in the Code of Practice as the
day on which the Code of Practice or provision
comes into operation.
34. Availability of Codes of Practice
(1) As soon as practicable after the Minister has
15 approved a Code of Practice, the Authority must
publish the Code of Practice in the Government
Gazette.
(2) There must be published with a Code of Practice
or a notice of an amendment under section 31(4),
20 a notice stating that the Code of Practice, any
incorporated document or any amendment to an
incorporated document, as the case may be, may
be inspected at the office of the Authority
specified in the notice.
25 (3) Even though a Code of Practice has come into
operation, a person cannot be convicted of an
offence or be prejudicially affected or made
subject to any liability under the Code of Practice
if it is proved that at the relevant time the Code of
30 Practice had not been published in the
Government Gazette and a copy of the Code of
Practice and any incorporated document was not
available for inspection.
(4) Sub-section (3) does not apply if it is proved that
35 at the relevant time reasonable steps had been
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taken for the purpose of bringing the general
purport of the Code of Practice to the notice of the
public or of persons likely to be affected by the
Code of Practice.
5 35. Evidentiary provisions
If it is alleged in any proceedings under this Act, a
Code of Practice or the regulations that a product
to which the proceedings relate is either milk or
cream and it is proved that the product contains
10 lactose and casein, the product is deemed to be
milk or cream as the case may be to which this
Part applies unless the contrary is proved.
36. Sale and delivery of dairy food which has not been
pasteurised or packed and sealed as required
15 (1) Except as otherwise provided in sub-section (2), a
person must not anywhere in Victoria sell, deliver
or provide for human consumption, dairy food--
(a) which has not been treated as required under
a Code of Practice; or
20 (b) which has not been packed and sealed as
required under a Code of Practice.
Penalty: 240 penalty units.
(2) Sub-section (1) does not apply to the sale or
delivery of dairy food to any licensed dairy
25 manufacturing premises.
37. Approval of programs
The Authority may--
(a) on its own initiative; or
(b) at the request of the holder of, or an
30 applicant for, a dairy industry licence--
approve a food safety program in relation to the
licence.
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38. Minister may require certain dairy industry licences
to have food safety program
(1) The Minister may, by notice published in the
Government Gazette, declare that a class of dairy
5 industry licence is to have a food safety program.
(2) In making a declaration, the Minister must specify
that the declaration is to take effect on a specified
date on or after the making of the declaration.
(3) The Authority must not grant a licence to, or
10 renew the licence of, a person which is in a
declared class of dairy industry licence on or after
the declaration takes effect unless it has approved
a food safety program in relation to the licence.
39. Contents of program
15 (1) A food safety program must provide for the
following--
(a) strategies to ensure that, subject to paragraph
(d), the standards required by this Act and
the regulations are maintained in relation to
20 the licence;
(b) that the vehicle or premises (including the
construction and operation of the vehicle or
premises) to which it applies are to comply
with any applicable Code of Practice for the
25 time being approved by the Minister and
specified in the program;
(c) strategies for implementing any applicable
approved Code;
(d) exempting the licensee from compliance
30 with any requirement of this Act or the
regulations relating to inspection, to the
extent that the requirement is inconsistent
with the program;
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(e) exempting the licensee from compliance
with the regulations relating to any other
matter covered by the program;
(f) strategies for monitoring compliance with
5 the program;
(g) records of checks and inspections made by
the licensee;
(h) strategies for the training of staff in food
handling.
10 (2) A food safety program may contain any other
provision agreed between the Authority and the
licensee.
(3) A licensee is exempt from a requirement of this
Act or the regulations to the extent provided in an
15 approved food safety program under sub-section
(1)(d) or (e).
(4) If food other than dairy food is produced,
manufactured or sold at the premises, the food
safety program must, in respect of that other food,
20 do all of the things listed in section 19D (other
than section 19D(f)) of the Food Act 1984.
40. Compliance monitoring
The Authority must keep under regular review the
extent of compliance with each approved food
25 safety program.
41. Audit of food safety programs
(1) The Authority may require any person holding a
licence with a food safety program to have the
program audited for the purpose of determining
30 whether the program--
(a) has been complied with during the period
covered by the audit; and
(b) is still adequate at the date of the audit.
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(2) Such a requirement--
(a) must be made in writing; and
(b) may be made on a one-off basis or may
require an audit to be performed at any
5 specified frequency; and
(c) must specify the minimum qualifications or
experience that must be held by the person
who is to conduct any required audit; and
(d) may impose restrictions on who may conduct
10 any required audit; and
(e) must specify by when, how and by whom the
results of any required audit are to be
reported to the Authority.
(3) The Authority may vary any requirement at any
15 time by giving the licensee written notice of the
variation.
42. Withdrawal or suspension
(1) The Authority must withdraw or suspend approval
for a food safety program by giving written notice
20 of withdrawal or suspension to the licensee, if the
Authority considers that there has been a failure to
comply with the program and the failure is so
serious that it cannot be dealt with by increased
monitoring requirements under the program.
25 (2) A food safety program must be taken not to be
approved while its approval is suspended.
(3) The Authority may at any time revoke the
suspension of approval of a food safety program
by giving written notice of revocation to the
30 licensee.
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PART 5--ENFORCEMENT AND LEGAL PROCEEDINGS
43. Authorised officers
(1) The Authority may appoint a person to be an
authorised officer for the purposes of this Act.
5 (2) An authorised officer has such powers, functions
and duties as are conferred on an authorised
officer by or under this Act or any other Act.
(3) The Authority must issue an identity card to each
authorised officer.
10 (4) An identity card must contain a photograph of the
authorised officer to whom it is issued.
(5) An authorised officer must produce his or her
identity card for inspection--
(a) before exercising a power under this Part;
15 and
(b) at any time during the exercise of a power
under this Part, if asked to do so.
Penalty: 10 penalty units.
44. Certain records to be kept
20 (1) The holder of a dairy industry licence must send
to the Authority any records relating to dairy food
as may be required by notice in writing by the
Authority.
(2) The holder of a dairy industry licence must at all
25 reasonable times permit any authorised officer to
inspect and to make abstracts or copies of any
records required to be kept under this Act.
45. General powers of authorised officers
(1) For the purposes of the administration of this Act,
30 any Code of Practice and the regulations and of
ascertaining whether the provisions of this Act,
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any Code of Practice and the regulations and the
conditions of any dairy industry licence have been
or are being complied with, an authorised officer
may with such assistance as the authorised officer
5 may require, at any reasonable time--
(a) enter, inspect and examine any dairy
premises or any other premises on which
there is conducted a business in respect of
which this Act requires the holding of a
10 licence or which the authorised officer
suspects on reasonable grounds is used for
such a purpose;
(b) detain, enter and examine any vehicle which
is used or which the authorised officer
15 suspects on reasonable grounds is used to
transport dairy food;
(c) require any person to produce for inspection
any records in the possession of that person
relating to dairy food;
20 (d) require any person on any dairy premises or
in charge or apparently in charge of any
vehicle used for the transportation of dairy
food to--
(i) give such information as the authorised
25 officer requests; and
(ii) answer any questions put to that person
by the authorised officer;
(e) inspect and examine any records, product,
material, equipment, plant or facility on any
30 such premises or vehicle which in the
opinion of the authorised officer relates to or
is used for receiving, collecting, processing,
producing, manufacturing, transporting,
storing, distributing, packing, sealing,
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testing, selling, purchasing or disposing of
dairy food;
(f) seize any records, product or material
specified in paragraph (e);
5 (g) take copies of or extracts from any records
specified in paragraph (e);
(h) take samples of any dairy food or any
material, chemical or other substance or
thing used or suspected of being used in
10 connection with the production, preparation,
processing, manufacture or testing of any
dairy food;
(i) for the purpose of paragraph (h) open or
cause to be opened any package, container or
15 receptacle which contains or which the
authorised officer suspects on reasonable
grounds contains dairy food;
(j) conduct or cause to be conducted such
examination or analysis as the authorised
20 officer considers necessary to determine the
composition or safety of any dairy food;
(k) monitor any specified functions required by
a Code of Practice to be carried out by any
person holding specified qualifications.
25 (2) The owner of any dairy food examined or
analysed under sub-section (1)(j) is on payment of
the prescribed fee entitled to a certificate from the
Authority showing the result of the examination
or analysis.
30 (3) The owner of any premises specified in sub-
section (1)(a) and the driver of any vehicle
specified in sub-section (1)(b) must provide an
authorised officer who wishes to exercise or is
exercising a power under sub-section (1) with
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such assistance as is necessary or desirable to
enable the authorised officer to exercise that
power effectively.
46. Actions which an authorised officer may take
5 (1) If an authorised officer is satisfied that, or
suspects on reasonable grounds that--
(a) any dairy premises or any vehicle, plant,
machinery or equipment used in connection
with any dairy food is in an unclean or
10 substandard condition; or
(b) any dairy food is unfit for human
consumption; or
(c) any milk for use in the manufacture of any
dairy food is below the standard prescribed
15 for use in the manufacture of that kind of
dairy food; or
(d) any dairy premises or dairy food does not
otherwise comply with any provisions of this
Act, a Code of Practice or the regulations
20 that are applicable--
the authorised officer may by a notice in writing
addressed to the owner of the dairy premises,
dairy food or vehicle, as the case may be, without
further name or description, take any one or more
25 of the actions specified in sub-section (2) which
appear to the authorised officer to be appropriate
in the circumstances.
(2) The actions which an authorised officer may take
for the purposes of this section are as follows--
30 (a) order the dairy premises, vehicle, plant,
machinery or equipment, as the case may be,
to be forthwith cleaned and disinfected to the
satisfaction of the authorised officer;
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(b) order that the use of a specified area of any
dairy premises or of any vehicle, plant,
machinery or equipment in connection with
dairy food be stopped;
5 (c) order that no dairy food or class of dairy
food specified in the order be removed from
the dairy premises for any purpose
whatsoever or for any purpose specified in
the order for such period of time as is
10 specified in the order;
(d) order that any dairy food or class of dairy
food specified in the order be seized,
detained or destroyed.
(3) If an authorised officer is satisfied that any dairy
15 food inspected by the authorised officer is unfit
for human consumption, the authorised officer
may add any colouring material to the dairy food
to render it unsaleable for human consumption but
so as not to make it unfit for use as food for
20 animals.
(4) A person to whom an order is addressed under this
section must comply with the order.
Penalty: 120 penalty units.
47. Destruction of dairy food
25 (1) Despite anything in section 48, if an authorised
officer has seized or detained any dairy food
under this Act which in the opinion of the
authorised officer is decayed, deteriorated or
putrefied or in respect of which the owner
30 consents to the destruction or other disposal
thereof, the authorised officer may--
(a) destroy or otherwise dispose of the dairy
food; or
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(b) if the owner of the dairy food has so
requested, permit that person to destroy or
otherwise dispose of the dairy food--
in accordance with procedures approved from
5 time to time in writing by the Authority.
(2) If any dairy food is seized or detained under this
Act--
(a) in respect of which an application for release
under section 48 has not been made; or
10 (b) which is treated, destroyed or otherwise
disposed of or dealt with under section 48(4)
or sub-section (1)(a) as the case may be--
the owner of the dairy food is liable to pay the
costs and expenses incurred in or in connection
15 with the storage, treatment, destruction or other
disposal of or dealing with the dairy food.
48. Seized or detained dairy food
(1) Where any dairy food has been seized or detained
by an authorised officer under section 46(2)(d)--
20 (a) the dairy food must be kept and stored in, at
or on, the premises or other place or vehicle
where it was seized and detained or removed
to any other suitable place and there kept and
stored; and
25 (b) any person claiming the dairy food may
within 7 days after the seizure or detention
make application in writing to the
Magistrates' Court for an order directing the
authorised officer to release the dairy food.
30 (2) If an application is made to the Magistrates' Court
the applicant must at the same time send a copy of
the application to the authorised officer
responsible for the seizure or detention of the
dairy food.
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(3) Upon hearing an application the Magistrates'
Court--
(a) must if it is--
(i) satisfied that the dairy food is not unfit
5 for human consumption, make an order
disallowing the seizure or detention and
directing the authorised officer to
release the dairy food; or
(ii) satisfied that the dairy food is unfit for
10 human consumption, refuse the
application and make an order
confirming the seizure or detention of
the dairy food; and
(b) may make such order as it considers
15 appropriate in respect of the costs of the
proceedings and the costs and expenses of
and incidental to the seizure or detention of
the dairy food.
(4) If an application--
20 (a) is not made under sub-section (1), upon the
expiration of the period of 7 days after the
seizure or detention; or
(b) is made under sub-section (1) and the
application is refused, upon that refusal--
25 the dairy food becomes the property of the Crown
and is to be treated, destroyed or otherwise dealt
with as directed in writing by the Authority.
49. Procedure in respect of samples
(1) If an authorised officer proposes to take a sample
30 under section 45(1)(h) for use in any legal
proceedings under this Act the following
provisions apply--
(a) the authorised officer must pay or tender to
the owner of the premises or the dairy food
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or where appropriate an agent or employee
the current market value of the dairy food or
other substance;
(b) if any dairy food is kept for retail sale in an
5 unopened package, the authorised officer
must not require any person to sell less than
the whole of the package;
(c) the procuring of the sample and the payment
or tender of the current market value are for
10 the purposes of this Act a sale by the owner,
agent or employee to the authorised officer
of the dairy food contained in the sample.
(2) If an authorised officer obtains a sample of any
dairy food with the intention that it be submitted
15 for analysis for use in any legal proceedings under
this Act the authorised officer must--
(a) before or as soon as practicable after
obtaining the sample, inform the owner or
other person from whom the sample was
20 obtained of that intention; and
(b) subject to sub-sections (3) and (4), divide the
sample into three approximately equal parts;
and
(c) place each part in a separate package; and
25 (d) mark in accordance with a Code of Practice
each part and seal or fasten each part in such
manner as its nature permits; and
(e) leave one of the parts with the owner or
other person from whom the sample was
30 obtained; and
(f) submit one of the remaining parts for
analysis; and
(g) retain the remaining part for future
comparison.
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(3) If the division of a sample into three separate parts
in accordance with sub-section (2)(b) would in the
opinion of the authorised officer--
(a) so affect or impair the composition or quality
5 of the sample as to render the separate parts
unsuitable for accurate analysis; or
(b) furnish parts insufficient for accurate
analysis; or
(c) render the sample in any other way
10 unsuitable for analysis--
the authorised officer must deal with the sample in
a manner appropriate in the circumstances having
regard to this Act.
(4) If a sample is obtained by an authorised officer in
15 the form of separate or severable objects it is not
necessary to divide that sample into parts and it is
sufficient compliance with this section if the
authorised officer--
(a) obtains a number of those objects; and
20 (b) divides the number so obtained into the
requisite number of parts so that each part
consists of one or more such objects; and
(c) deals with the parts in accordance with sub-
section (2) or (3).
25 (5) An authorised officer has complied with this
section even if the owner or other person from
whom the sample was obtained fails or refuses to
accept one part of the sample.
50. Offences with respect to authorised officers
30 A person must not--
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(a) except with the authority of an authorised
officer or an order of a court--
(i) remove, alter or interfere in any way
with any records, product, material,
5 dairy food or other substance seized or
detained under this Act; or
(ii) remove, alter or interfere in any way
with any sample procured under this
Act; or
10 (iii) erase, alter, open, break or remove a
mark, seal or fastening placed by an
authorised officer on any part of a
sample other than the part left with the
person from whom the sample was
15 taken; or
(b) refuse to sell to an authorised officer any
dairy food or to allow an authorised officer
to take any sample under this Act; or
(c) assault, obstruct, hinder, threaten, abuse,
20 insult, intimidate or attempt to obstruct or
intimidate any authorised officer or other
person in the exercise or performance of any
power, authority, function or duty under this
Act; or
25 (d) without reasonable cause fail or refuse to
comply with a requirement under section
45(1)(d); or
(e) give any information or answer upon a
requirement under section 45(1)(d) knowing
30 it to be false or misleading in a material
particular; or
(f) when required by an authorised officer to do
so, fail or refuse to state the correct name
and address of that person; or
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(g) refuse admission to an authorised officer and
any person accompanying an authorised
officer under section 45(1); or
(h) refuse or neglect to render assistance when
5 required to do so under section 45(3); or
(i) contravene or fail to comply with any lawful
requirement, direction or order of an
authorised officer.
51. Defence to certain charge
10 It is a defence to a prosecution for the offence
constituted by section 50(d) if the person charged
with the offence proves that the authorised officer
had not informed that person that he or she was
required by this Act to give the information or
15 reply to the question.
52. Particular defence not available
It is not a defence to a prosecution or other legal
proceeding under this Act which relates to any
dairy food purchased for analysis under section 49
20 to prove that the part of the sample of the dairy
food retained for future comparison has from
spontaneous natural causes deteriorated, perished
or undergone a material change in its constitution.
53. Miscellaneous offences
25 (1) A person must not--
(a) provide false or misleading information in or
in connection with any application with
respect to a dairy industry licence under this
Act; or
30 (b) fail to comply with any notice or order made
under this Act.
(2) If a person is convicted of the offence constituted
by sub-section (1)(a), the Authority may by notice
in writing to that person--
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(a) cancel any dairy industry licence issued,
renewed or transferred upon that false or
misleading information and disqualify that
person from holding such a licence for such
5 period as the Authority considers
appropriate; or
(b) suspend the licence for such period as the
Authority considers appropriate.
54. General penalty
10 A person who is guilty of an offence against this
Act for which no penalty is expressly provided is
liable to a penalty of not more than 60 penalty
units.
55. Persons who are liable for offences
15 (1) A person who aids, abets, counsels or procures or
is in any way knowingly concerned in the
commission of an offence against this Act is
guilty of that offence and liable to the penalty for
that offence.
20 (2) If two or more persons are responsible for the
same offence against this Act each of those
persons is liable to the penalty provided by this
Act for that offence and the liability of each of
them is independent of the liability of any other
25 person.
(3) If a body corporate is guilty of an offence against
this Act any person who is concerned in or takes
part in the management of that body corporate is
also guilty of that offence and liable to the penalty
30 for that offence.
(4) It is a defence to a charge brought under sub-
section (3) against a person who is concerned in
or takes part in the management of a body
corporate if that person proves that--
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58
Act No.
(a) the offence was committed by the body
corporate without the consent or knowledge
of that person; and
(b) that person exercised due diligence to
5 prevent the commission of the offence.
(5) If a person who is guilty of an offence is a
partnership or an unincorporated body the
reference to a person must be construed as a
reference to each member of the partnership or of
10 the committee of management of the
unincorporated body, as the case may be.
56. Defence to charge
It is a defence to a prosecution or other legal
proceeding under this Act if the person charged
15 with the offence proves that--
(a) he or she used due diligence to prevent the
commission of an offence; and
(b) he or she did not know that an offence was
being committed or consent to or connive in
20 the commission of the offence.
57. Power of authorised officer to prosecute
(1) Any authorised officer may prosecute for any
offence against this Act or any regulations.
(2) A fee is not payable on the issue or service of any
25 summons or warrant of distress on the complaint
of any authorised officer for the purposes of
enforcing any of the provisions of this Act or the
regulations.
58. Service
30 (1) Where under this Act any notice or order is
required to be given to or served on the owner of
any premises the notice or order may be addressed
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to the owner without further name or description
and may be given or served by--
(a) leaving it with a person on the premises who
is apparently at least 16 years old;
5 (b) sending it by certified mail addressed to the
owner at the address of the premises; or
(c) fixing the notice or order or a copy of the
notice or order on a conspicuous part of the
premises.
10 (2) Where under this Act any notice or order is
required to be given to or served on a person, it
may be given or served by--
(a) giving it or serving it personally on the
person; or
15 (b) leaving it at or sending it by certified mail to
the person at that person's usual or last
known residential or business address.
(3) Any notice or order served for the purposes of this
Act on an owner of any premises is if due service
20 has been made on an owner binding on all persons
claiming by, from or under, such owner and on all
subsequent owners to the same extent as if the
notice or order had been served on each of them.
(4) The provisions of this section are in addition to
25 and not in derogation from the provisions of the
Corporations Law of Victoria.
59. Evidentiary provisions
(1) In any prosecution or other legal proceedings
under this Act or the regulations--
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(a) any dairy food found on any dairy premises
or other premises or vehicle used for the
sale, manufacturing, storing, supplying or
conveying for sale of dairy food is presumed
5 in the absence of evidence to the contrary, to
be intended for sale for human consumption;
(b) the production of a copy of the Government
Gazette containing any matters required by
this Act to be published in the Government
10 Gazette is conclusive evidence of the matters
specified therein;
(c) the production of a certificate purporting to
be signed by the General Manager to the
Authority stating that a Code of Practice or
15 any incorporated document or any
amendment to an incorporated document was
available for inspection is evidence of the
facts stated in the absence of evidence to the
contrary;
20 (d) proof is not required as to--
(i) the particular or general appointment of
any authorised officer, the Chairperson,
the General Manager or any other
officer or employee of the Authority; or
25 (ii) the authority of any officer or employee
to prosecute--
until evidence is given to the contrary;
(e) subject to sub-sections (2) and (3), if a copy
of a certificate of a test bearing an
30 endorsement to the effect that the test were
carried out in a laboratory registered by the
National Association of Testing Authorities,
Australia, in accordance with the terms of
that registration--
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(i) obtained on behalf of the informant, is
served with the summons; or
(ii) obtained on behalf of the defendant, is
given to the informant at least 7 days
5 before the return date of the
summons--
that certificate is evidence of the matters
stated in the certificate.
(2) If a certificate of a test has been obtained on
10 behalf of a party to a prosecution, any other party
may, at least 3 days before the return date of the
summons, give notice in writing to the first-
mentioned party requiring the person who carried
out the test or endorsed the certificate or both to
15 be called as a witness.
(3) If on the production of a certificate of a test in any
proceedings, the court--
(a) on application by a party; or
(b) by any other means--
20 is satisfied that the person who carried out the test
or endorsed the certificate or both should be called
as a witness in the proceedings, the Court may
order that either or both persons be called as a
witness by the party who produced the certificate.
25 60. Immunity
(1) An authorised officer is not personally liable for
anything done or omitted to be done in good
faith--
(a) in the exercise of a power or the performance
30 of a duty; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
the performance of a duty under this Act.
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(2) Any liability resulting from an act or omission
that, but for sub-section (1), would attach to an
authorised officer attaches instead to the
Authority.
5 61. Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
10 Act.
(2) A power conferred by this Act to make
regulations may be exercised--
(a) either in relation to all cases to which the
power extends, or in relation to all those
15 cases subject to specified exceptions, or in
relation to any specified case or class of
case; and
(b) so as to make, as respects the cases in
relation to which it is exercised--
20 (i) the same provision for all cases in
relation to which the power is
exercised, or different provision for
different cases or classes of case, or
different provisions for the same case
25 or class of case for different purposes;
or
(ii) any such provision either
unconditionally or subject to any
specified condition.
30 (3) Regulations made under this Act may be made--
(a) so as to apply--
(i) at all times or at a specified time; or
(ii) throughout the whole of the State or in
a specified part of the State; or
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(iii) as specified in both sub-paragraphs (i)
and (ii);
(b) so as to require a matter affected by the
regulations to be--
5 (i) in accordance with a specified standard
or specified requirement; or
(ii) approved by or to the satisfaction of a
specified person or body or a specified
class of persons or bodies;
10 (c) so as to apply, adopt or incorporate any
matter contained in any document, code,
standard, rule, specification or method
formulated, issued, prescribed or published
by any authority or body whether--
15 (i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then; or
20 (iii) as formulated, issued, prescribed or
published from time to time;
(d) so as to leave any matter or thing to be from
time to time determined, applied, dispensed
with or regulated by the Authority or any
25 officer or employee thereof;
(e) so as to confer powers or impose duties in
connection with the regulations on the
Authority or any officer or employee thereof;
(f) so as to apply, adopt or incorporate, with or
30 without modification, the provisions of any
Act or of any regulations made under any
Act as in force at a particular time or from
time to time;
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(g) so as to provide in a specified case or class
of case for the exemption of persons or
things or a class of persons or things from
any of the provisions of the regulations,
5 whether unconditionally or on specified
conditions and either wholly or to such an
extent as is specified;
(h) so as to impose a penalty not exceeding 20
penalty units for a contravention of the
10 regulations.
(4) If under sub-section (3)(c)(iii) a regulation has
applied, adopted or incorporated any matter
contained in any document, code, standard, rule,
specification or method as formulated, issued,
15 prescribed or published from time to time and that
document, code, standard, rule, specification or
method is at any time amended, until the Minister
causes notice to be published in the Government
Gazette of that amendment, the document, code,
20 standard, rule, specification or method is to be
taken to have not been so amended.
_______________
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PART 6--MISCELLANEOUS AND TRANSITIONAL
62. Repeals
In the Dairy Industry Act 1992, sections 5(1)(a),
6(1)(a), 6(1)(c), 6(1)(e), 6(1)(f), 20, 49(4) and 50
5 to 54 and Part 7 are repealed.
63. Transfer of Funds
The Victorian Dairy Industry Authority must from
its funds transfer to Dairy Food Safety Victoria
for the purposes of this Act--
10 (a) the amount of $200 000 on a day to be
specified by the Minister in writing; and
(b) a further amount to be determined by the
Minister not exceeding $1 600 000 on a later
day to be specified by the Minister in
15 writing.
64. Transfer of staff
(1) The Secretary to the Department on the
recommendation of the Chairperson must list in
writing the employees of the Victorian Dairy
20 Industry Authority who are to become employees
of Dairy Food Safety Victoria.
(2) A person listed under sub-section (1) is to be
regarded as from the commencement of this
section as--
25 (a) having been employed by Dairy Food Safety
Victoria with effect from that
commencement;
(b) having been employed on the same terms
and conditions as those that applied to the
30 person immediately before that
commencement as an employee of the
Victorian Dairy Industry Authority;
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(c) having accrued an entitlement to benefits in
connection with that employment by Dairy
Food Safety Victoria, that is equivalent to
the entitlement that the person had accrued
5 as an employee of the Victorian Dairy
Industry Authority immediately before that
commencement.
(3) The services of a transferred employee as an
employee of Dairy Food Safety Victoria is to be
10 regarded for all purposes as having been
continuous with the service of the transferred
employee immediately before the commencement
of this section as an employee of the Victorian
Dairy Industry Authority.
15 (4) A transferred employee is not entitled to receive
any payment or other benefit by reason only of
having ceased to be an employee of the Victorian
Dairy Industry Authority because of this Act.
(5) A certificate signed by the Secretary to the
20 Department certifying that a person named in the
certificate was, with effect from the
commencement of this section, employed by
virtue of this section by Dairy Food Safety
Victoria is admissible in any proceedings and is
25 conclusive proof of the matters stated in it.
(6) Nothing in this section prevents--
(a) any of the terms and conditions of
employment of a transferred employee from
being altered by or under any law, award or
30 agreement with effect from any time after the
commencement of this section; or
(b) a transferred employee from resigning or
being dismissed at any time after that
commencement in accordance with the then
35 existing terms and conditions of his or her
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employment with Dairy Food Safety
Victoria.
65. Independent entity
(1) In this section "independent entity" means a
5 company limited by guarantee which--
(a) is formed for the purpose of managing the
investment of funds to maximise the benefits
to all sectors of the Victorian dairy industry
and to dairy communities; and
10 (b) is designated for the purpose of this section
by the Minister by notice published in the
Government Gazette.
(2) On the commencement of this section--
(a) assets of the Victorian Dairy Industry
15 Authority which are designated by the
Minister for the purposes of this section are
by virtue of this Act vested in the
independent entity;
(b) such liabilities of the Victorian Dairy
20 Industry Authority as are designated by the
Minister for the purposes of this section are
by virtue of this Act liabilities of the
independent entity;
(c) the independent entity is by virtue of this
25 section substituted as a party to any
arrangement, agreement or contract--
(i) relating to the assets designated under
paragraph (a) and the liabilities
designated under paragraph (b); or
30 (ii) relating to research and development
that may be assigned to the independent
entity by the Minister under this
section.
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66. Repeal of licensing and quality assurance provisions
of the Dairy Industry Act 1992
(1) In the Dairy Industry Act 1992, sections 5(1)(d),
5(2), 6(1)(g) and 6(1)(j), and Parts 3, 4 and 8 are
5 repealed.
(2) Except as in this Act expressly or by necessary
implication provided--
(a) all persons, things and circumstances
appointed or created by or under the Dairy
10 Industry Act 1992 or existing or continuing
under that Act immediately before the
commencement of this section shall under
and subject to this Act continue to have the
same status, operation and effect as they
15 respectively would have had if this section
had not come into operation; and
(b) in particular and without affecting the
generality of paragraph (a), this Act shall not
disturb the continuity of, status, operation or
20 effect of any proclamation, order, Order in
Council, Code of Practice, determination,
declaration, notice, exemption, approval,
appointment, authorisation, application,
grant, revocation, suspension, condition,
25 certificate, dairy industry licence, permit,
registration, contract, agreement, charge,
consent, authority, sale, delivery,
proceeding, action, appeal, liability, right or
other matter or thing made, done, effected,
30 obtained, issued, granted, given, prescribed,
fixed, accrued, incurred, acquired, existing
or continuing before the commencement of
this section under the Dairy Industry Act
1992.
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(3) For the purposes of this Act, a person who
immediately before the commencement of this
section--
(a) was the holder of a dairy industry licence to
5 conduct business as a factory or milk
processor, is deemed to be the holder of a
dairy industry licence to conduct business as
a dairy manufacturer;
(b) was the holder of a dairy industry licence to
10 conduct business as a milk distributor, is
deemed to be the holder of a dairy industry
licence to conduct business as a dairy
distributor;
(c) was the holder of a dairy industry licence to
15 conduct business as a milk carrier, is deemed
to be the holder of a dairy industry licence to
conduct business as a dairy food carrier.
67. Repeal of Dairy Industry Act 1992
(1) The Dairy Industry Act 1992 is repealed.
20 (2) On the commencement of this section--
(a) the members of the Victorian Dairy Industry
Authority constituted under the Dairy
Industry Act 1992 go out of office; and
(b) Dairy Food Safety Victoria is the successor
25 in law of the Victorian Dairy Industry
Authority.
68. No duty or tax chargeable
No stamp duty or other tax is chargeable under
any Act in respect of anything done under this
30 Part.
69. Amendment to the Borrowing and Investment Powers
Act 1987
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Act No.
In Schedule 1 of the Borrowing and Investment
Powers Act 1987 for "Victorian Dairy Industry
Authority" substitute "Dairy Food Safety
Victoria".
5 70. Amendment of Livestock Disease Control Act 1994
In the Livestock Disease Control Act 1994--
(a) in section 45 for "dairy produce" (wherever
occurring) substitute "dairy food";
(b) in sections 45 and 139(1)(c) for "or sheep"
10 (wherever occurring) substitute ", sheep or
buffalo".
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Notes
Act No.
NOTES
1
The index attached to this Act does not form part of this Act and is
provided for convenience of reference only.
By Authority. Government Printer for the State of Victoria.
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Index
Act No.
INDEX
Subject Section
Act
commencement 2
consequential amendments 69-70
purpose 1
Authorised officers
appointment, functions and duties 43
immunity provisions 60
offences against 50
powers in general 45
powers and duties regarding
dairy premises, vehicles and food 46
destruction and disposal of dairy food 47
prosecutions 57
samples 49
seizure 46, 48
31-34
Codes of practice
Dairy distributors
conversion of former licences 66
licensing requirements 22
Dairy farmers
licensing requirements 22
Dairy food
certificates of analysis or examination 45
destruction and disposal 47
records relating to 44
samples 49, 52
seizure or detention 47, 48
standards of treatment, packaging, sealing 36
Dairy food carriers
conversion of former licences 66
licensing requirements 22
Dairy food safety
codes of practice 31-34
programs 37-41
Dairy Food Safety Victoria
accountability 8
as successor in law to VDIA 67
borrowing and investment powers 19
corporate plan 20
delegation 17
establishment 4
functions 6
general manager 18
improper use of information 16
members 9, 12
selection committee for 10, 11
objectives 5
officers and employees 18
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Act No.
Subject Section
pecuniary interests of members 15
powers in general 7
powers regarding codes of practice 31-34
powers regarding food safety programs 37, 40-42
powers regarding licences 23-26
proceedings 14
reporting by 21
review of decisions 27-28
transfer of funds and staff from VDIA to 63-64
validity of acts or decisions 13
Dairy industry
establishment of independent entity for 65
reporting to organisations by Authority 21
Dairy industry licences
applications 23
businesses and vehicles requiring licence 22
conditions of issue and renewal 25-26
effect of issue 29
fees 24
food safety programs as requirement for 38
grounds for refusal, cancellation, suspension 26, 53
request for reasons for Authority's decisions 28
review of Authority's decisions 27-28
transitional provisions 66
Dairy manufacturers
conversion of former licences 66
licensing requirements 22
Dairy transport vehicles
licensing requirements 22
51-52, 55, 56
Defences
Definitions
authorised officer 3
Authority 3
Chairperson 3
Code of Practice 3
Commonwealth Act 3
dairy distribution premises 3
dairy distributor 3
dairy farm 3
dairy farmer 3
dairy food 3
dairy food carrier 3
dairy industry licence 3
dairy premises 3
dairy manufacturing premises 3
dairy manufacturer 3
dairy transport vehicle 3
Department 3
determination 3
Food Standards Code 3
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Index
Act No.
Subject Section
ice cream 3
independent entity 65
licensee 3
low fat ice cream 3
manufacture 3
member 3
milk 3
Minister 3
owner 3
package 3
person 3
premises 3
prescribed 3
reduced fat ice cream 3
regulations 3
sell 3
substance 3
test 3
vehicle 3
59
Evidentiary provisions
regarding milk or cream 35
65
Independent entity
55
Liability
Licences See Dairy industry licences
Offences
defences to 51-52, 55, 56
false or misleading information 53
general penalty 54
liability for 55
non-compliance with notices or orders 53
relating to dairy food 30
54
Penalties
59
Proof
61
Regulations
62, 66
Repeals
49, 52
Samples
48
Seizure
58
Service of orders and notices
66, 68
Transitional provisions
Vehicles see Dairy transport vehicles
Victorian Dairy Industry Authority
succeeded by DFSV 67
transfer of assets, liabilities to independent entity 65
transfer of funds and staff to new Authority 63-64, 68
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