55Record‑keeping requirements

55 Record‑keeping requirements

(1) A processor that is a party to a milk supply agreement with a farmer must keep the originals, or copies, of the following records for the period mentioned in subsection (3): (a) if the agreement is in writing—the agreement; (b) if the agreement is not in writing: (i) the record of the contents of the agreement made under paragraph 18(2)(a); and (ii) the acknowledgement (if any) obtained from the farmer under paragraph 18(2)(c); (c) if the agreement is varied in writing—the variation; (d) if the agreement is varied other than in writing: (i) the record of the variation made under paragraph 19(2)(a); and (ii) the acknowledgement (if any) obtained from the farmer under paragraph 19(2)(c); (e) if the agreement is terminated in writing—the termination; (f) if the agreement is terminated other than in writing: (i) the record of the termination made under paragraph 20(2)(a); and (ii) the acknowledgement (if any) obtained from the farmer under paragraph 20(2)(c); (g) any notice given to the farmer under the agreement as mentioned in paragraph 25(e); (h) any statement given to the farmer under the agreement as mentioned in paragraph 25(f); (i) any notice given to the farmer under the agreement as mentioned in subsection 28(4)(c); (j) any notice of fees given to the farmer under the agreement as mentioned in paragraph 29(2)(b); (k) any extension notice given by the farmer under the agreement as mentioned in subsection 36(2).

Civil penalty: 300 penalty units.

(2) A farmer who is a party to a milk supply agreement must keep the originals, or copies, of the following records for the period mentioned in subsection (3): (a) if the agreement is in writing—the agreement; (b) if the agreement is not in writing—the record of the contents of the agreement given under paragraph 18(2)(b); (c) if the agreement is varied in writing—the variation; (d) if the agreement is varied other than in writing—the record of the variation given under paragraph 19(2)(b); (e) if the agreement is terminated in writing—the termination; (f) if the agreement is terminated other than in writing—the record of the termination given under paragraph 20(2)(b).

Civil penalty: 100 penalty units.

(3) A record, or a copy of a record, must be kept for the period: (a) starting on the day on which the record is made or given; and (b) ending on the last day of the 6 years beginning on the day the milk supply agreement ends.