Competition and Consumer (Industry Codes—Dairy) Regulations 2019
56Report on disputes
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56 Report on disputes
(1) For the purposes of this section: (a) the first reporting period is the period beginning on 1 January 2020 and ending on 30 April 2020; and (b) a later reporting period is a period of 12 months beginning on 1 May in a year. (2) A processor who is a party to a milk supply agreement must prepare a report for the first reporting period, and each later reporting period, stating the following: (a) the number of disputes arising under or in connection with the agreement that were the subject of a mediation that commenced or ended in the reporting period; (b) information about the nature of the disputes referred to in paragraph (a); (c) the number of mediations conducted in the reporting period to resolve the disputes referred to in paragraph (a) and the average time taken to resolve the disputes; (d) information about the outcome of the disputes referred to in paragraph (a); (e) the number of disputes arising under or in connection with the agreement that were the subject of an arbitration that commenced or ended in the reporting period; (f) information about the nature of the disputes referred to in paragraph (e); (g) the number of arbitrations conducted in the reporting period to resolve the disputes referred to in paragraph (e) and the average time taken to resolve the disputes; (h) information about the outcome of the disputes referred to in paragraph (e). (3) The report must not: (a) name, or otherwise specifically identify, a farmer or any other person (other than the processor) who was involved in the disputes covered by the report; or (b) include any other information that would be in contravention of section 54. (4) The processor must publish the report on the processor’s website before 2 pm (by legal time in the Australian Capital Territory) on 1 June immediately after the end of the relevant reporting period.
Civil penalty: 300 penalty units.
(5) If the processor is required to publish a report under subsection (4) before 2 pm on a day in a financial year, the processor must not, after that 2 pm and before the end of the next financial year, vary the report or remove it from the processor’s website.
Civil penalty: 300 penalty units.