17Dairy products must be lawfully produced

17 Dairy products must be lawfully produced

(1)  A person must not supply any dairy product that has not been lawfully produced.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; or

(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(2)  An offence against this regulation is an offence of strict liability.

(3)  For the purposes of this regulation, a dairy product will be taken to have been lawfully produced if –

(a) in the case of any dairy product that has been produced outside of Australia, it has been lawfully imported into Australia; and

(b) in any other case, to the extent to which the dairy product has been produced or processed in Australia, the production or processing has been carried out –

(i) in accordance with the requirements of the Act; or

(ii) in accordance with any applicable law if the production or processing occurred in another State or a Territory.