Competition and Consumer (Industry Codes—Dairy) Regulations 2019
40Penalties relating to unilateral variations and terminations
Start here
Get a plain-English read of 40
Turn the raw legal text into a practical explanation grounded in Competition and Consumer (Industry Codes—Dairy) Regulations 2019.
40 Penalties relating to unilateral variations and terminations
Written variations (1) A processor contravenes this subsection if: (a) the processor is a party to a milk supply agreement; and (b) either: (i) the processor unilaterally varies the agreement; or (ii) all the parties agree to vary the agreement; and (c) the variation is in writing; and (d) the variation does not comply with the following requirements: (i) the variation must be in plain English or contain a plain English overview of the variation; (ii) the variation must consist of a single document.
Civil penalty: 300 penalty units.
(2) A farmer contravenes this subsection if: (a) the farmer is a party to a milk supply agreement; and (b) the farmer unilaterally varies the agreement; and (c) the variation is in writing; and (d) the variation does not comply with the following requirements: (i) the variation must be in plain English or contain a plain English overview of the variation; (ii) the variation must consist of a single document.
Civil penalty: 100 penalty units.
Variations and terminations other than in accordance with agreement (3) A processor that is a party to a milk supply agreement must not vary or terminate the agreement unilaterally other than as provided for by the agreement.
Note: For variations and terminations, see sections 27, 28, 33 and 34.
Civil penalty: 300 penalty units.
(4) A farmer who is a party to a milk supply agreement must not vary or terminate the agreement unilaterally other than as provided for by the agreement.
Note: For variations and terminations, see sections 27, 28, 33 and 34.
Civil penalty: 100 penalty units.