18Written records of unwritten milk supply agreements

18 Written records of unwritten milk supply agreements

Scope of this section (1) This section applies if: (a) a processor enters into a milk supply agreement with a farmer; and (b) the agreement is not in writing. Requirement for processor to give farmer written record of contents of agreement (2) The processor must, no later than 30 days after entering into the milk supply agreement: (a) make a written record of the contents of the agreement in accordance with subsections (3) and (4); and (b) give a copy of the record to the farmer; and (c) if the supply period of the agreement is 90 days or longer—make all reasonable efforts to obtain from the farmer a written acknowledgement that the record is a complete and accurate record of the contents of the agreement.

Civil penalty: 300 penalty units.

(3) Without limiting paragraph (2)(a), the record must: (a) cover all of the matters dealt with by Subdivision D and subsections 43(1) and (3); and (b) in particular, record all of the matters that Subdivision D and subsections 43(1) and (3) require to be specified in, or provided for by, a written milk supply agreement.

Civil penalty: 300 penalty units.

(4) The record must: (a) either: (i) be in plain English; or (ii) contain a plain English overview of the agreement; and (b) consist of a single document.