12Requirement to publish standard forms of agreements each 1 June

12 Requirement to publish standard forms of agreements each 1 June

Publication deadline (1) This section applies in relation to a corporation that, at 2 pm (by legal time in the Australian Capital Territory) on 1 June in a financial year (the publication deadline): (a) is a processor; and (b) intends to purchase milk during the next financial year. Requirement to publish standard forms of agreements (2) The processor must, at or before the publication deadline, publish on its website in accordance with subsections (3) to (5): (a) one or more standard forms of milk supply agreements; and (b) for each standard form the processor publishes under paragraph (a)—a statement of the circumstances in which the processor would enter into a milk supply agreement in that form.

Note: The circumstances may, for example, relate to:

(a) the region in which the supply occurs; or
(b) the quantity of milk to be supplied; or
(c) the supply period; or
(d) whether the processor has already entered into sufficient milk supply agreements to meet the processor’s demand for milk.

Civil penalty: 300 penalty units.

(3) The processor must publish as many standard forms and statements under subsection (2) as are necessary to ensure that the published statements cover the circumstances in which the processor intends to purchase milk in the financial year mentioned in paragraph (1)(b). (4) Each standard form published under paragraph (2)(a) must be a standard form of a milk supply agreement that: (a) has a supply period starting during the financial year mentioned in paragraph (1)(b); and (b) provides for a cooling‑off period of 14 days; and (c) subject to subsection (5), is a non‑exclusive supply agreement. (5) If, in particular circumstances to which subsection (3) applies, the processor would enter into an exclusive supply agreement, the processor must publish under subsection (2): (a) a standard form of an exclusive supply agreement the processor would enter into in those particular circumstances; and (b) a standard form of a non‑exclusive supply agreement the processor would enter into in those particular circumstances. (6) The processor must not, after the publication deadline and before the end of the financial year mentioned in paragraph (1)(b), vary or remove from its website a standard form or statement published under subsection (2).

Civil penalty: 300 penalty units.

Section does not prevent publication of other standard forms of agreements (7) This section does not prevent a processor publishing, at any time, a standard form of a milk supply agreement that is not required by subsection (2).