Dairy Industry Act 1992

Dairy Industry Act 1992

PART 2—THE VICTORIAN DAIRY INDUSTRY AUTHORITY

4. Victorian Dairy Industry Authority 5. Objectives of the Authority 6. Functions of the Authority 7. Powers of the Authority 8. Accountability of Authority 9. Members of the Authority 10. Panel of Names

11. Terms and conditions of office of members 12. Liability of members of the Authority 13. Validity of acts or decisions

14. Proceedings of the Authority 15. Pecuniary interests of members 16. Improper use of information 17. Delegation

18. Officers and employees

19. Borrowing and investment powers

20. Payments to Herd Improvement Organisation Inc. 21. Formation of and participation in limited companies 22. Participation in partnerships and joint ventures 23. Accounts and records

24. Annual report 25. Audit 26. Corporate plan

27. Reporting to the dairy industry

PART 3—DAIRY INDUSTRY LICENCES

28. Certain businesses to be licensed 29. Application for a dairy industry licence 30. Dairy industry licences

36. Offence by dairy farmer where no licence or licence suspended 37. Offence by owner of factory to collect certain dairy produce

PART 4—QUALITY ASSURANCE

38. Codes of Practice

39. Matters which may be included in a Code of Practice 40. Code of Practice is a subordinate instrument

41. Procedure for making of Code of Practice 42. Commencement of Code of Practice 43. Availability of Codes of Practice 44. Evidentiary provisions

45. Sale and delivery of milk which has not been pasteurised or packed and sealed as required

46. Contaminated milk not to be forwarded or used as market milk 47. Falsification of results

48. Works notice

PART 5—CONTROL OF THE MARKET MILK SYSTEM

49. Authorised agents

50. Prohibition on manufacture, sale or distribution of milk not accepted by the Authority

51. Acceptance of milk by the Authority 52. Quantity of milk delivered to the Authority 53. Power of Authority to obtain milk for market milk 54. Authority may make temporary arrangements

PART 6—PAYMENT FOR MILK

55. Payment for milk accepted by the Authority 56. Sale of milk to milk processors

57. Proceeds of milk sales

58. Payments in relation to butter fat and protein 59. Payments for milk supplied to a factory

PART 7—PRICES FOR MARKET MILK

60. Pricing guidelines 61. Price determinations

62. Publication and operation of price determinations 63. Sunset of section 61 (1) (b)

PART 8—ENFORCEMENT AND LEGAL PROCEEDINGS

64. Authorised officers 65. Certain records to be kept

66. General powers of authorised officers 67. Actions which an authorised officer may take 68. Destruction of dairy produce

71. Offences with respect to authorised officers 72. Defence to certain charge

73. Particular defence not available 74. Miscellaneous offences 75. General penalty

76. Persons who are liable for offences 77. Defendant may lay information 78. Power of authorised officer to prosecute 79. Service

80. Evidentiary provisions 81. Immunity from suit 82. Regulations

PART 9—MISCELLANEOUS AND TRANSITIONAL

83. Repeals and savings

84. Transitional provisions in respect of V.D.I.A.

85. Amendment to the Borrowing and Investment Powers Act 1987 86. Amendment to the Food Act 1984

No. 88 of 1992

Dairy Industry Act 1992

[Assented to 26 November 1992]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY 1. Purpose

The purpose of this Act is to—

(a) reconstitute the Victorian Dairy Industry Authority; and

(b) regulate the dairy industry.

2. Commencement

This Act comes into operation on a day to be proclaimed.

3 Act No. 8811992 3. Definitions

In this Act—

"authorised agent" means a person appointed as an

authorised agent under section 49;

"authorised officer" means any person appointed

under section 64;

"Authority" means the Victorian Dairy Industry

Authority;

"Chairperson" means the Chairperson of the

Authority;

"Code of Practice" means a Code of Practice made

under Part 4;

"dairy farm" means any premises where cows, goats

or sheep— (a) are kept; or (b) are milked—

for the purpose of producing milk for profit or sale;

"dairy fanner" means the owner of a dairy farm; "dairy industry licence" means a licence issued by

the Authority within one of the following classes of licences:

(a) Dairy farm licence; (b) Factory licence; (c) Milk carrier's licence; (d) Milk processor's licence; (e) Milk distributor's licence;

"dairy premises" means a—

(a) dairy farm; or (b) factory; or

(c) milk distribution premises; or (d) milk processing premises;

Act No. 8811992 s.3 (a) milk and liquid milk products; and

(b) dried milk and dried milk products; and (c) condensed milks; and

(d) cream and cream products; and

(e) butter, butter products, dairy blend and dairy spreads; and

(/) cheese and cheese products; and (g) yoghurt and yoghurt products; and

(h) any other product or class of products declared by a determination to be dairy produce—

but does not include any product or class of product declared by a determination not to be dairy produce;

"determination" means a determination made by the

Authority under this Act;

"factory" means any premises where—

(a) milk is received direct from a dairy farm; or (b) dairy produce (other than market milk) is

manufactured or packed;

"grade" means to classify dairy produce according to

quality;

"licensee" means the holder of a dairy industry licence; "manufacture" includes prepare or process;

"manufacturing milk" means milk which is not used

or intended to be used as market milk;

"market milk" means—

(a) milk for sale or delivery for human consumption as a liquid; and

(b) any dairy produce declared by a determination to be market milk—

but does not include any dairy produce declared by a determination not to be market milk;

"member" means a member of the Authority;

Act No. 8811992

"milk", except in Parts 5, 6 and 7, means milk derived

from a cow, goat or sheep;

"milk", in Parts 5, 6 and 7, means milk derived from a

cow;

"milk carrier" means the owner of any business

engaged in the transport of milk in a bulk container;

"milk distribution premises" means any premises at

which packaged market milk is sold or distributed, other than milk processing premises or premises used only for retail purposes;

"milk distributor" means the owner of any milk

distribution premises;

"milk processing premises" means any premises

where market milk is pasteurised or packed;

"milk processor" means the owner of any milk

processing premises;

"milk production incentive scheme" means a

payment scheme designed by the Authority to influence farm milk production at particular times of the year;

"milk shop" means any premises on which market

milk is sold by retail but does not include any premises licensed as a milk distribution premises;

"Minister" means the Minister for the time being

administering this Act;

"owner" in relation to any premises—

(a) includes in any case, the— (i) occupier; or

(ii) person in charge or apparently in charge; or

(iii) owner's agent; or (iv) owner's manager; and

Act No. 88/1992 s.3 secretary or other controlling officer of that

body;

"package" includes anything in or by which goods

may be cased, covered, contained, enclosed, packed or bottled;

"pasteurise" means to treat milk in accordance with

methods specified in a Code of Practice;

"person" includes a body corporate or unincorporate; "premises" includes—

(a) a building or part of a building; and

(b) a tent, stall or other structure whether permanent or temporary; and

(c) land whether or not appurtenant to a building;

"prescribed" means prescribed by the regulations or a

Code of Practice;

"regulations" means regulations made under this Act; "retail" means—

(a) in respect of the sale or distribution of market milk by a milk distributor or a milk processor, a sale or distribution to a person of not more than 16 litres; and

(b) in respect of the sale of market milk by any other person other than a person referred to in paragraph (a), any sale.

"sell" includes—

(a) barter; and (b) exchange; and

(c) agree or offer to sell; and

(d) receive, have in possession or expose for sale; and

(e) send, forward or deliver for sale; and (/) sell for resale; and

(g) cause, permit or attempt any of the acts or things referred to in paragraphs (a) to (/);

s.4 Act No. 8811992

"standardise" means to treat milk supplied from dairy

farmers to bring the proportions of the components of the milk into conformity with standards specified in a Code of Practice;

"substance" includes a mixture or compound;

"test" means to determine the content, constituents or

quality of dairy produce;

"Treasurer" means Treasurer of Victoria;

"vehicle" means a conveyance designed to be

propelled or drawn by any means whether or not capable of being so propelled or drawn, and includes cart, caravan, bicycle, railway carriage, tram-car, ship, boat, barge, vessel, aircraft and air-cushion vehicle.

PART 2—THE VICTORIAN DAIRY INDUSTRY AUTHORITY

4. Victorian Dairy Industry Authority

(1) There is established by this Act an Authority by the name of the Victorian Dairy Industry Authority.

(2) The Authority—

(a) is a body corporate with perpetual succession; and (b) is not to be deemed to represent the Crown in right

of the State of Victoria; and (c) must have a common seal; and

(d) may sue and be sued in its corporate name; and (e) is, subject to this Act, capable of taking,

purchasing, leasing, holding, selling and disposing of real and personal property for the purpose of performing its functions and exercising its powers under this Act; and

Act No. 8811992 s. 5 (3) The common seal of the Authority must be kept in such

custody as the Authority directs and must not be used except as authorised by the Authority.

(4) All courts and persons acting judicially must take judicial notice of the seal of the Authority fixed to a document and must presume that it was duly affixed. 5. Objectives of the Authority

(1) The objectives of the Authority are to—

(a) ensure that Victorian milk processors are supplied with sufficient milk to meet the demand for market milk;

(b) subject to this Act, ensure that licensed dairy farmers share equitably in returns from market milk;

(c) maximise the opportunities for the sale of market milk produced in Victoria by securing, maintaining and developing markets;

(d) ensure that standards which safeguard public health and protect the consumer are maintained in the Victorian dairy industry;

(e) ensure that it performs its functions and exercises its powers efficiently and effectively.

(2) Despite anything to the contrary in this Act, only the objective specified in sub-section (1) (d) extends to dairy goats and dairy sheep.

6. Functions of the Authority

(1) The functions of the Authority are to—

(a) subject to this Act, determine prices for the sale of market milk;

(b) administer payments to Victorian dairy farmers for market milk;

(c) manage and oversee the supply of milk to Victorian milk processors;

s.7 Act No. 8811992

(d) promote the consumption of market milk and dairy produce produced in Victoria;

(e) foster the development of new types of market milk and dairy produce;

(/) fund product development, research, education and training;

(g) set and administer standards for the production, testing, processing and handling of dairy produce; (h) advise the Minister on matters relating to dairy

produce;

(i) consult with the Victorian dairy industry.

(2) Despite anything to the contrary in this Act, only the functions specified in sub-sections (1) (g), (1) (h) and (1) (/) extend to dairy goats and dairy sheep.

7. Powers of the Authority

Subject to this Act, the Authority has the power to do all things necessary or convenient to be done or in connection with the performance of its functions and to enable it to achieve its objectives.

8. Accountability of Authority

(1) The Authority must exercise its powers and perform its functions under this Act subject to any specific written directions given by the Minister in relation to a matter or class of matters specified in the directions.

(2) Where the Authority has been given a written direction under sub-section (1), the Authority—

(a) may cause that direction to be published in the Government Gazette; and

(b) must publish that direction in its annual report.

9. Members of the Authority

(1) The Authority is to consist of 6 members.

Act No. 8811992 s. 10 (3) The Minister may appoint 1 member who is to be a

Government representative.

(4) The Minister must appoint the other 4 members having regard to their expertise in one or more of the following, being expertise required to enable the Authority to achieve its objectives and perform its functions:

(a) milk production; (b) dairy manufacturing; (c) milk processing; (d) milk distribution;

(e) milk transport; (/) accounting;

(g) business management; (h) marketing;

(i) industrial relations.

(5) The Minister may appoint one of the members to be Deputy Chairperson.

10. Panel of Names

(1) The Minister must appoint the members to be appointed under section 9 (4) after the Minister has considered panels of names of persons which panels—

(a) are submitted to the Minister at the invitation of the Minister from any body or organisation which the Minister considers to be representative of the categories of persons referred to in that sub-section; and

(b) contain not less than the number of names specified by the Minister in each particular case. (2) A submission made under sub-section (1) must be

made in writing so as to reach the Minister on or before the date determined by the Minister as the last date for that submission.

(3) The failure of a body or organisation to submit a panel of names of persons in accordance with this section does not preclude the Minister from making an appointment under section 9 (4).

s . l l Act No. 8811992

11. Terms and conditions of office of members

(1) Subject to this section, each member holds office for a term not exceeding 3 years as is specified in the instrument of appointment.

(2) A member is eligible for re-appointment.

(3) A person who has attained the age of 72 years is ineligible to be appointed or re-appointed as a member. (4) The office of a member becomes vacant if the

member—

(a) attains the age of 72 years; or (b) becomes bankrupt; or

(c) is convicted of an indictable offence or of an offence that, if committed in Victoria, would be an indictable offence; or

(d) is absent from 2 consecutive meetings of the Authority without the approval of the Authority; or

(e) retires, resigns or dies.

(5) The Minister may remove a member from office if the member—

(a) becomes incapable of performing his or her duties; or

(b) is negligent in the performance of those duties; or (c) engages in improper conduct; or

(d) fails to disclose a pecuniary interest as required by section 15; or

(e) is convicted of an offence against this Act.

(6) A member may resign by writing addressed to the Minister.

(7) A member is not subject to the Public Service Act

1974 in respect of the office of member.

Act No. 8811992 s. 12 by Order in Council published in the Government

Gazette.

(9) The Governor in Council may fix the remuneration or allowances by reference to the Public Service Determinations.

(10) An instrument of appointment may specify other terms and conditions of employment not inconsistent with this Act.

(11) If the office of a member becomes vacant before the end of the term of the office, the Minister may appoint in accordance with section 9 a person to fill the vacancy and to hold office, subject to this Act, for the remainder of the term.

(12) If the vacancy occurs within 6 months of the end of the term of the office, the office may be left vacant for the remainder of the term.

12. Liability of members of the Authority

(1) A member of the Authority is not liable for any loss or damage sustained by any person during that member's term of office in respect of any act done or omitted to be done by him or her if the act is done or omitted to be done—

(a) in the course of the exercise or performance of the powers and functions of a member of the Authority; or

(b) in good faith in the purported exercise or performance of the powers and functions of a member of the Authority.

(2) Sub-section (1) does not apply if the loss or damage was due to the—

(a) wilful misconduct of the member of the Authority; or

(b) wilful neglect of the member of the Authority; or (c) wilful failure of the member of the Authority to

13 Act No. 88/1992

13. Validity of acts or decisions

An act or decision of the Authority is not invalid by reason only of—

(a) any vacancy in the office of a member; or

(b) any defect or irregularity in or in connection with the appointment of a member.

14. Proceedings of the Authority

(1) Four members of whom at least one must be either the Chairperson or the Deputy Chairperson constitutes a quorum.

(2) A question arising at a meeting of the Authority must be determined by a majority of votes of members present and voting on the question.

(3) If voting is equal, the person presiding has a casting, as well as a deliberative, vote.

(4) The person presiding at a meeting must ensure that minutes of the meeting are kept.

(5) Subject to this Act, the Authority may regulate its own proceedings.

15. Pecuniary interests of members

(1) A member who has a pecuniary interest in a matter being considered or about to be considered by the Authority must as soon as practical after the relevant facts have come to the member's knowledge declare the nature of that interest at a meeting of the Authority. (2) Sub-section (1) does not apply in the case of a member engaged in the dairy industry if the interest is no greater than that of any other person so engaged.

(3) The Chairperson of a meeting at which a declaration is made under this section must cause a record of the declaration to be made in the minutes of the meeting. (4) Unless the Authority otherwise resolves, a member

Act No. 88/1992 s. 16 not be present during any deliberation with respect to,

or vote on, the matter in respect of which the declaration is made.

Penalty: 50 penalty units. 16. Improper use of information

A person who is, or has been, a member, officer or employee of the Authority must not make improper use of any information acquired in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or for any other person.

Penalty: 50 penalty units. 17. Delegation

The Authority may by an instrument of delegation under its common seal delegate to an employee of the Authority any power, duty or function of the Authority under this Act, other than this power of delegation. 18. Officers and employees

(1) The Authority must appoint—

(a) a General Manager who shall be the Chief Executive Officer of the Authority; and

(b) a Secretary to the Authority; and

(c) such other officers and employees as are necessary to enable the Authority to perform its functions, exercise its powers and achieve its objectives. (2) Subject to and in accordance with the policies and

directions given to the General Manager by the Authority, the General Manager is—

(a) responsible for the administration of the day to day management of the affairs and undertakings of the Authority; and

s. 19 Act No. 88/1992

(i) payments for the purposes of this Act are made; and

(ii) officers and employees appointed under sub-section (1) are deployed—

in a manner which is consistent with the objectives and functions of the Authority under this Act.

(3) An officer or employee of the Authority must at all times—

(a) act honestly; and

(b) use reasonable diligence in the discharge of duties under this Act.

(4) Persons appointed as officers or employees of the Authority under this section are not subject to the

Public Service Act 1974.

19. Borrowing and investment powers

The Authority has the powers conferred on it by the

Borrowing and Investment Powers Act 1987.

20. Payments to Herd Improvement Organisation Inc.

The Authority may, after consulting with the United Dairyfarmers of Victoria, make an annual grant of money to the Herd Improvement Organisation Inc. equal to such amount as represents a portion of the amount of money received as fees for dairy farm licences in the current financial year to be used towards the cost of any project, undertaking or research in relation to dairy herd improvement.

21. Formation of and participation in limited companies

(1) If the Authority considers it necessary to do so in order to achieve its objectives or perform its functions the Authority may—

(a) be a member of a limited company; or

Act No. 88/1992 s.21

(2) The Authority must not be a member of, or form or participate in the formation of, a limited company unless the objects or purposes of the company, include one or more of the following—

(a) The production of dairy produce or products derived therefrom;

(b) The manufacture of dairy produce or products derived therefrom;

(c) The sale or promotion of dairy produce or products derived therefrom;

(d) Anything incidental to (a), (b) or (c).

(3) The Authority must not be a member of, or form or participate in the formation of, a limited company unless its memorandum or articles of association provide—

(a) that the company must not alter its memorandum or articles of association unless the Authority has by resolution authorised the alteration; and

(b) that the company must, if its total annual turnover exceeds, or may reasonably be expected to exceed $100 000, cause a report by a registered company auditor on the accounts of the company to be made every 12 months and to be submitted to the Authority within 5 months after the end of each 12 month period to which the report relates.

(4) I f

-(a) the Authority is a member of, or forms or participates in the formation of, a limited company; and

(b) the Authority has a controlling interest in the company—

the Authority must—

(c) include in its annual report a copy of the accounts of the company in respect of the most recent financial year for which fully audited accounts are available; and

s.21 Act No. 8811992

(d) within 14 days after lodging any report, statement or return in respect of the company with the Australian Securities Commission, submit a copy of the report, statement or return to the Treasurer. (5) The Authority has a controlling interest in a company if

the Authority is a substantial shareholder within the meaning of the Corporations Law of Victoria as varied by sub-section (6).

(6) For the purposes of determining whether the Authority is a substantial shareholder in a company, the

Corporations Law of Victoria applies as if a

reference in the Corporations Law of Victoria to the prescribed percentage were a reference to 51 per centum.

(7) If the Authority is a member of, or forms or participates in the formation of, a limited company to which sub-section (4) applies, the accounts of the limited company must be audited annually by the Auditor-General.

(8) The requirements of sub-section (7) are in addition to the requirements of the Corporations Law of

Victoria.

(9) The Authority must pay to the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of an audit under sub-section (7).

(10) The following provisions apply to such an annual audit—

(a) The Auditor-General has, with respect to the accounts of the limited company, all the powers conferred on the Auditor-General by any law relating to the audit of the public accounts;

Act No. 8811992 s.22 (c) The statement of accounts must be prepared in the

manner and in the form approved by the Treasurer and must present fairly the financial transactions of the limited company during the year and the financial position of the limited company as at the end of the year;

(d) The limited company must forward a copy of the audited annual accounts to the Treasurer and the Minister.

(11) Without limiting sub-section (10), the Auditor-General and each officer of the Auditor-General—

(a) have the right of access at all times to the books of the limited company; and

(b) may require from the officers and employees of the limited company any information, assistance and explanations necessary for the performance of the Auditor-General's duties in relation to the audit.

(12) Sub-sections (7) to (11) do not apply to a limited company of which the Authority has ceased to be a member before the last preceding annual audit.

(13) In this section "limited company" has the same meaning as in the Corporations Law of Victoria. 22. Participation in partnerships and joint ventures

(1) If in the opinion of the Authority and the Minister it is necessary to do so in order to achieve its objectives or perform its functions, the Authority may subject to such terms and conditions as the Minister determines after consultation with the Treasurer—

(a) be a member of a company, association or partnership; or

(b) form, or participate in the formation of, a company, association or partnership; or

(c) enter into a joint venture with another person or persons.

s.23 Act No. 8811992

(2) The Authority must not be a member of, or form or participate in the formation of a company, association or partnership or enter into a joint venture with another person or persons unless the objects or purposes of the company, association, partnership or joint venture include one or more of the following—

(a) The production of dairy produce or products derived therefrom;

(b) The manufacture of dairy produce or products derived therefrom;

(c) The sale or promotion of dairy produce or products derived therefrom;

(d) Anything incidental to (a), (b) or (c).

(3) In this section, a reference to a company, association, partnership or joint venture includes a reference to a company, association, partnership or joint venture formed or entered into whether in or outside Victoria, but does not include a reference to a limited company within the meaning of the Corporations Law of

Victoria.

23. Accounts and records

(1) The Authority must ensure that there are kept proper accounts and records of the transactions and affairs of the Authority and such other records as sufficiently explain the financial position of the Authority.

(2) The Authority must do all things necessary to do each of the following—

(a) Ensure that all money payable to the Authority is properly collected;

(b) Ensure that all money expended by the Authority is properly expended and properly authorised; (c) Ensure that adequate control is maintained over

assets secured by, or in the custody of, the Authority;

Act No. 88/1992 s.24

(e) Ensure efficiency and economy of operations and avoidance of waste and extravagance;

(/) Develop and maintain an adequate budgeting and accounting system;

(g) Develop and maintain an adequate internal audit system.

24. Annual report

(1) The Authority must, in respect of each financial year, prepare an annual report containing—

(a) a report of its operations during the financial year; and

(b) financial statements for the financial year— and submit the report to the Minister not later than the following 30 September.

(2) The report of operations referred to in sub-section (1)

(flh-(a) must be prepared in a form and contain information determined by the Authority to be appropriate; and

(b) must contain any further information required by the Minister.

(3) The financial statements referred to in sub-section (1)

(by-(a) must contain information determined by the Treasurer to be appropriate; and

(b) must be prepared in a manner and form approved by the Treasurer; and

(c) must present fairly the results of the financial transactions of the Authority during the financial year to which they relate and the financial position as at the end of that year; and

(d) must be signed by the principal accounting officer (by whatever name called) of the Authority and by the Chairperson and another member of the Authority who must—

922805—23 1649

s.24 Act No. 8811992

(i) state whether, in their opinion, the financial statements present fairly the results of the financial transactions of the Authority during the financial year to which they relate and whether they sufficiently explain the financial position of the Authority as at the end of the year; and

(ii) state whether, at the date of signing the financial statements, they were aware of any circumstances that render any particulars included in the statements misleading or inaccurate and, if so, particulars of the circumstances; and

(e) must be audited as required by section 25 (1). (4) The Minister must cause each annual report submitted

to the Minister under this section to be laid before the Legislative Council and the Legislative Assembly before the expiration of the seventh sitting day of the Legislative Council or the Legislative Assembly, as the case may be, after the annual report has been received by the Minister.

(5) If the Authority fails to submit an annual report to the Minister—

(a) if an extension has not been granted under sub-section (7)—by 30 September in any year; or (b) if such an extension has been granted—by the

date to which the extension is granted—

the Minister must report or cause to be reported that failure and the reasons for the failure to each House of the Parliament.

(6) The Authority may apply in writing to the Minister for an extension of the date by which an annual report is to be submitted to the Minister.

Act No. 8811992 s.25 (8) The Minister must advise or cause to be advised each

House of the Parliament of each extension granted under this section and the reasons for the extension. (9) This section does not apply to the Authority if, as a

result of an order made under the Annual Reporting

Act 1983, the Authority is required to submit an annual

report under that Act.

25. Audit

(1) The financial statements referred to in section 24 must be audited by the Auditor-General.

(2) The Auditor-General has in respect of the audit of the financial statements all the powers conferred on the

Auditor-General by any law relating to the audit of the

public accounts.

(3) Without limiting the generality of sub-section (2), the Auditor-General and the officers of the Auditor-General—

(a) have right of access at all times to the books of the Authority; and

(b) may require from an officer, employee or member of the Authority any information, assistance and explanations necessary for the performance of the duties of the Auditor-General in relation to the audit.

(4) The Authority must pay to the Consolidated Fund an amount to be determined by the Auditor-General to defray the costs and expenses of any audit by the Auditor-General under this section.

(5) The financial year of the Authority is to be the year ending on 30 June.

26. Corporate plan

(1) The Authority must, with its first annual report under this Act, submit to the Minister a corporate plan for the next 5 years containing—

Dairy Industry Act 1992

s.27 Act No. 8811992

(a) an assessment of the operating environment; and (b) the corporate objectives of the Authority; and

(c) the strategies for achieving the corporate objectives; and

(d) indicators against which the performance of the

Authority can be measured.

(2) The Authority must with each subsequent annual report, submit to the Minister a new corporate plan for the next 5 years containing the matters specified in sub-section (1).

(3) The Authority must take into account the views of the dairy industry in preparing a corporate plan.

27. Reporting to the dairy industry

(1) Within 3 months of submitting its annual report to the Minister, the Authority must hold a general meeting with senior representatives of dairy industry organisations recognised by the Authority as being organisations that represent a significant section or group within the dairy industry.

(2) The Authority must give at least 6 weeks notice of the general meeting to each organisation under sub-section (3) The notice of the general meeting must specify matters

to be considered and request submission within 3 weeks of further matters for consideration at the general meeting.

(4) The Authority must report to the general meeting on its performance and activities during the preceding financial year.

Act No. 88/1992 s.28 PART 3—DAIRY INDUSTRY L I C E N C E S

28. Certain businesses to be licensed

A person must not commence or conduct business as a—

(a) dairy farm; or

(£>) factory; or

(c) milk processor; or

(d) milk distributor; or (e) milk carrier—

unless that person holds a current and valid dairy industry licence in respect of the business.

Penalty: 50 penalty units.

29. Application for a dairy industry licence

(1) A n application for the issue or renewal of a dairy industry licence must be m a d e to the Authority in the form approved by the Authority together with the fee fixed for that dairy industry licence or class of dairy industry licence by the Authority.

(2) A n application for the transfer of a dairy industry licence must be m a d e to the Authority in the form approved by the Authority.

(3) A fee is not payable for the transfer of a dairy industry licence.

(4) T h e Authority m a y fix—

(a) a scale of fees for any class of dairy industry licence; and

(b) a proportionate fee for a licence issued for a period greater or less than 1 year.

30. Dairy industry licences

(1) A dairy industry licence must b e issued or r e n e w e d b y the A u t h o r i t y —

s.31 Act No. 88/1992

(a) subject to this Act and to such terms and conditions as are determined by the Authority; and

(b) in the form approved by the Authority; and

(c) only in respect of the places or circumstances specified in the licence; and

(d) for such period as is determined by the Authority being a period not greater than 2 years and which period must be specified in the licence; and

(e) unless sooner cancelled or suspended, to remain in force until the day specified in the licence for the expiration of that licence.

(2) The Authority may determine different classes of dairy industry licences.

31. Powers of Authority in respect of licences (1) The Authority may—

(a) refuse to issue; or

(b) issue or renew subject to conditions (if any); or (c) refuse to renew; or

(d) refuse to transfer; or (e) cancel; or

(/) suspend—

a dairy industry licence on any of the grounds specified in sub-section (2) and must in any such case notify the applicant or licensee in writing of the ground for doing so.

(2) The grounds are as follows—

(a) The licensee has ceased to carry on business of the nature specified in the licence;

Act No. 8811992 s.32 (c) The applicant or the licensee, as the case may be,

has been convicted of an offence in relation to a requirement specified in paragraph (b);

(d) The licensee has failed to comply with any condition specified in the licence;

(e) Any other ground which is prescribed for the purposes of this section.

(3) The Authority may insert a new condition or amend, vary or delete any condition or other matter specified in a dairy industry licence and must advise the licensee in writing of any such insertion, amendment, variation or deletion.

(4) The Authority may issue or renew a dairy industry licence for a period not exceeding 6 months so as to enable the applicant or licensee to comply with any requirements under sub-section (2) (b) or any condition under sub-section (2) (d) or (2) (e).

32. Special provisions relating to dairy farm licences

(1) The Authority may by notice in writing suspend a dairy farm licence for a period not exceeding 14 days if in the course of any year being the period of 12 months ending on 30 June the milk supplied by the licensee—

(a) has on at least 3 occasions failed to comply with any of the standards for milk in a Code of Practice; or

(b) has on any subsequent occasion in that year after the dairy farm licence has been suspended under paragraph (a) failed to comply with any of the standards for milk in a Code of Practice.

(2) The Authority may by notice in writing cancel a dairy farm licence if the licensee has had a dairy farm licence suspended on 3 or more occasions at any time under sub-section (1).

s.33 Act No. 8811992

33. Right of appeal against decision of Authority

(1) Any person who feels aggrieved by any decision of the Authority to—

(a) refuse to issue; or

(b) issue or renew subject to conditions; or (c) refuse to renew; or

(d) refuse to transfer; or (e) cancel; or

( / ) suspend; or

(g) amend, vary or delete a condition or insert a new condition in—

a dairy industry licence may within 28 days of being notified of the decision appeal against the decision to the Administrative Appeals Tribunal.

(2) A decision of the Authority to cancel or suspend a dairy industry licence does not take effect—

(a) until the expiry of 28 days from the day on which the licensee is notified of the decision; or

(b) where an appeal against the decision is made under sub-section (1), unless and until the appeal has been determined in favour of the Authority.

34. Applicant or licensee must lodge security

A milk processor's licence cannot be issued or renewed, unless and until the applicant or the licensee, as the case may be, lodges with the Authority security to the satisfaction of the Authority for the payment of any money that may accrue due by the licensee for milk purchased from the Authority.

35. Effect of issue of dairy industry licence

The issue of a dairy industry licence does not—

(a) entitle the licensee to any specified business or market share or other entitlement;

Act No. 8811992 s.36

36. Offence by dairy farmer where no licence or licence

suspended

A dairy farmer must not, during any period in which there is no dairy farm licence in force in respect of that dairy farm or the dairy farm licence is suspended, permit any dairy produce from that dairy farm to be—

(a) sold for human consumption; or (fo) used for human consumption; or

(c) collected and stored with milk for human consumption.

Penalty: 50 penalty units.

37. Offence by owner of factory to collect certain dairy produce

An owner of a factory must not permit or cause to be collected or take delivery of any dairy produce for human consumption from a dairy farm after having been advised in writing by the Authority that—

(a) there is no dairy farm licence or corresponding authority in force under this Act or any corresponding law of another State or Territory of the Commonwealth in respect of a dairy farm; or (b) the dairy farm licence or corresponding authority

under this Act or any corresponding law of another State or Territory of the Commonwealth in respect of a dairy farm is suspended for a specified period.

PART 4—QUALITY ASSURANCE

38. Codes of Practice

(1) The Authority may make Codes of Practice in accordance with this Part.

(2) A Code of Practice must be approved by the Minister before it is made.

s.39 Act No. 8811992

39. Matters which may be included in a Code of Practice

(1) A Code of Practice may make provision for or with respect to—

(a) requiring the owner of a factory or a milk processor to pasteurise milk or cream;

(b) regulating the methods and processes for the treatment or pasteurisation of milk and cream depending on the purpose for which the milk or cream is to be used;

(c) regulating the layout, finish and maintenance of dairy premises;

(d) regulating the design, material, construction and placement of plant, machinery or equipment in dairy premises;

(e) prohibiting any use of dairy premises or of plant, machinery or equipment for a purpose which is not compatible with the manufacture of dairy produce;

(/) requiring the owner of a specified class of dairy premises to carry out specified programs for the ' maintenance of any premises, plant, machinery or equipment;

(g) regulating the cleanliness and maintenance of buildings or equipment used in connection with the production and supply of dairy produce; (h) standards for milk supplied to a factory from a

dairy farm;

(i) standards for milk consigned or appropriated from a factory to milk processing premises;

(/) standards for different grades of dairy produce; (k) prohibiting the owner of a factory from

consigning or appropriating for use in the manufacture of market milk any milk that fails to comply with the standards set for such milk; (/) prohibiting a milk processor from using as market

Act No. 8811992 s.39 (m) requiring a milk carrier to carry out specified

programs for the sampling and grading of milk supplied from a dairy farm to a factory;

(n) requiring the owner of a factory or a milk processor to carry out specified programs for the sampling, grading and testing of milk and dairy produce;

(o) requiring the owner of a factory to retain for a specified period a portion of any sample of milk taken at a dairy farm or factory for testing or grading;

(p) prohibiting any person other than a person who is the holder of a specified qualification from carrying out specified functions in relation to the sampling and grading of milk;

(q) specifying the procedures to be used for the sampling, grading and testing of milk;

(r) specifying the manner and conditions (including the temperature) under which dairy produce is kept, stored, transported or treated on any specified class of dairy premises;

(s) regulating the packing and sealing of dairy produce;

(t) regulating the transporting of milk;

(u) requiring the keeping of records in relation to matters required under the Code of Practice; (v) fixing a penalty not exceeding 200 penalty units

for a contravention of the Code of Practice. (2) A Code of Practice may apply, adopt or incorporate any

matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

(a) wholly or partially or as amended by the Code of Practice; or

(b) as formulated, issued, prescribed or published at the time the Code of Practice is made or at any time before then; or

s.40 Act No. 88/1992

(c) as formulated, issued, prescribed or published from time to time.

(3) If a Code of Practice has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, until the Authority causes notice to be published in the Government Gazette of that amendment, the document, code, standard, rule, specification or method is to be taken not to have been so amended.

(4) A Code of Practice may—••

(a) confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons and bodies; and

(b) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Authority; and

(c) authorise an officer or employee of the Authority to enforce the Code of Practice.

40. Code of Practice is a subordinate instrument

A Code of Practice is a subordinate instrument for the purposes of the Interpretation of Legislation Act

1984.

41. Procedure for making a Code of Practice

(1) Before the Authority makes a Code of Practice it must comply with the following procedure.

(2) The Authority must give a notice stating—

(a) the purpose and general purport of the proposed Code of Practice; and

Act No. 8811992 s.42 (c) that any person may make a submission on the

proposed Code of Practice to the Authority within the period specified in the notice.

(3) The Authority must allow at least 28 days after the day on which a notice is given under sub-section (2) for the making of submissions.

(4) After the Authority has considered any submission, the Authority must give a notice stating that it intends to make the Code of Practice.

(5) A notice under this section must be—

(a) published in the Government Gazette; and

(b) published in a daily newspaper generally circulating in Victoria; and

(c) sent to dairy industry bodies or organisations which the Authority considers are likely to be affected by the proposed Code of Practice.

42. Commencement of Code of Practice

A Code of Practice or a provision of a Code of Practice comes into operation at the beginning of the day on which the Code of Practice is approved by the Minister or at the beginning of such later day as is expressed in the Code of Practice as the day on which the Code of Practice or provision comes into operation.

43. Availability of Codes of Practice

(1) As soon as practicable after the Minister has approved a Code of Practice, the Authority must publish the Code of Practice in the Government Gazette.

(2) There must be published with a Code of Practice or a notice of an amendment under section 39.(3), a notice stating that the Code of Practice, any incorporated document or any amendment to an incorporated document, as the case may be, may be inspected at the office of the Authority specified in the notice.

s.44 Act No. 88/1992

(3) Even though a Code of Practice has come into operation, a person cannot be convicted of an offence or be prejudicially affected or made subject to any liability under the Code of Practice if it is proved that at the relevant time the Code of Practice had not been published in the Government Gazette and a copy of the Code of Practice and any incorporated document was not available for inspection.

(4) Sub-section (3) does not apply if it is proved that at the relevant time reasonable steps had been taken for the purpose of bringing the general purport of the Code of Practice to the notice of the public or of persons likely to be affected by the Code of Practice.

44. Evidentiary provisions

If it is alleged in any proceedings under this Act, a Code of Practice or the regulations that a product to which the proceedings relate is either milk or cream and it is proved that the product contains lactose and casein, the product is deemed to be milk or cream as the case may be to which this Part applies unless the contrary is proved.

45. Sale and delivery of milk and cream which has not been pasteurised or packed and sealed as required

(1) Except as otherwise provided in sub-section (2), a person who anywhere in Victoria sells or delivers for human consumption milk or cream—

(a) which has not been pasteurised; or

(b) which has not been packed and sealed as required under a Code of Practice—

is guilty of an offence and liable upon conviction to a penalty of not more than 100 penalty units for a first offence and a penalty of not more than 200 penalty units for any subsequent offence.

Act No. 88/1992 s.46 (a) milk processing premises; or

(b) factory—

which is licensed as a milk processing premises or a factory.

46. Contaminated milk not to be forwarded or used as market

milk

(1) In this section "contaminated milk" means any milk that contains antibiotics in excess of 0-002 microgram per millilitre of Penicillin G equivalents.

(2) The owner of a factory must not forward contaminated milk for use as market milk.

Penalty: For a first offence: 100 penalty units.

For a second or subsequent offence: 200 penalty units.

(3) A milk processor must not use contaminated milk as market milk.

Penalty: For a first offence: 100 penalty units.

For a second or subsequent offence: 200 penalty units.

47. Falsification of results (1) A person must not—

(a) falsify or misrepresent the results of any test or any other information, data or results obtained in the course of sampling, testing or grading milk or dairy produce; or

(b) authorise or direct another person to falsify or misrepresent the results of any test or any other information, data or results obtained in the course of sampling, testing or grading milk or dairy produce.

48. Works notice

The Authority may by notice in writing require the owner of any existing dairy premises to install, repair,

s.49 Act No. 88/1992

clean, renew or remove any equipment or to clean or repair the premises so as to comply with any requirements which may be prescribed within the period of time specified in the notice.

PART 5—CONTROL OF THE MARKET MILK SYSTEM

49. Authorised agents

(1) The Authority may appoint by an instrument in writing any person who holds a factory licence to be an authorised agent to receive and deal with milk on behalf of the Authority.

(2) An authorised agent must carry out the agency subject to—

(a) the terms and conditions specified in the instrument of appointment; and

(b) any directions given to the authorised agent by the

Authority.

(3) Any funds entrusted by the Authority to the authorised agent for payment to farmers for milk accepted by the Authority must be secured to the satisfaction of the Authority.

(4) An authorised agent may receive milk from dairy farmers on behalf of the Authority or in the agent's own capacity.

(5) An authorised agent is entitled to receive from the Authority such remuneration as is agreed between the Authority and the authorised agent for carrying out the agency.

(6) An authorised agent who contravenes or fails to comply with—

(a) the terms and conditions specified in the instrument of appointment; or

(b) any directions given to the authorised agent under sub-section (2) (b)—

Act No. 8811992 s. 50 (7) Sub-section (6) is in addition to the power of the

Authority to—

(a) terminate the appointment of an authorised agent; or

(b) take any other appropriate proceedings against any person who is or has been an authorised agent. (8) For the purposes of this section the Authority has

power to—

' (a) examine the accounting records of any authorised agent; and

(b) audit and inspect the accounting records and require the giving of information by authorised agents to the Authority.

50. Prohibition on manufacture, sale or distribution of milk not accepted by the Authority

(1) A person must not manufacture, sell or distribute market milk where any of the milk used in the manufacture of that market milk has not previously been accepted by the Authority.

(2) In any proceedings for an offence under this section a certificate purporting to be signed by the Secretary of the Authority to the effect that the milk specified in the certificate had not been accepted by the Authority is evidence in the absence of evidence to the contrary that the milk had not been accepted.

51. Acceptance of milk by the Authority

(1) Milk is accepted by the Authority upon—

(a) delivery of the milk by the authorised agent to a carrier nominated by the Authority; or

(b) appropriation of the milk by the authorised agent who also holds a milk processor's licence for processing into market milk.

(2) Upon milk being accepted by the Authority, the milk becomes the absolute property of the Authority freed

s.52 Act No. 88/1992

and discharged from all mortgages, liens, trusts, interests and claims of any kind.

52. Quantity of milk delivered to the Authority

(1) The quantity of milk complying with standards specified by the Authority that is to be taken to be delivered during any period specified b y the Authority from a dairy farmer to the Authority is to be calculated

•p

in accordance with the formula A = ^ x D (2) In sub-section (1)—

"A" means the quantity of milk that is to be taken to be delivered from a dairy farmer to the Authority; "B" means the quantity of complying milk supplied or

to be taken to be supplied by a dairy farmer to the authorised agent;

"C" means the quantity of complying milk supplied by all dairy farmers to the authorised agent;

"D" means the quantity of milk which is accepted by the Authority from the authorised agent.

53. Power of Authority to obtain milk for market milk

(1) If the Authority is satisfied that insufficient milk is being made available to satisfy the demand for market milk in Victoria, the Authority may by notice in writing direct the holder of a factory licence to deliver milk in accordance with the terms of the direction for manufacture into market milk.

(2) The holder of a factory licence must comply with the direction.

Penalty: 400 penalty units.

Act No. 8811992 s.54

54. Authority may make temporary arrangements

(1) Despite anything to the contrary in this Act, if a milk processor or a milk distributor is unable to continue to supply market milk to all or any customers in any area to the satisfaction of the Authority, the Authority may for the purpose of ensuring that the supply of market milk to those customers is continued—

(a) make any temporary arrangements that the Authority considers expedient with any other milk processor or milk distributor;

(b) alter any temporary arrangements;

(c) terminate any temporary arrangements and if the Authority considers it expedient make any temporary arrangements with any other milk processor or milk distributor;

(d) terminate all or any temporary arrangements where the Authority considers that the temporary arrangements are no longer required.

(2) Despite anything to the contrary in this Act, a milk processor or milk distributor who acts in accordance with a temporary arrangement when required to do so by the Authority in accordance with sub-section (1) is not guilty of an offence against this Act.

PART 6—PAYMENT FOR MILK

55. Payments for milk accepted by the Authority

(1) The Authority must either directly to the dairy farmer or through an authorised agent make payments for any milk accepted by the Authority to the dairy farmer appearing to the Authority or the authorised agent to be entitled to the payments.

(2) Upon payment being made by the Authority, the Authority is discharged from all liability with respect to the milk for which the payment is made and from any further obligation with respect to the money paid.

s. 56 Act No. 8811992

(3) Sub-section (2) does not affect the right of a person who had any right, title or interest in or in respect of milk accepted by the Authority to—

(a) make a claim against the person to whom the Authority or the authorised agent has made payment; and

(b) enforce that claim in any court of competent jurisdiction.

56. Sale of milk to milk processors

(1) The Authority must sell milk accepted by it to milk processors—

(a) at a price or prices determined by the Authority under Part 7; and

(b) upon any terms and conditions (if any) as the Authority may consider appropriate, including any condition providing for a penalty for late payment.

(2) Despite sub-section (1), the Authority may sell or otherwise dispose of any milk in excess of Victorian requirements in any manner and upon any terms and conditions as the Authority considers appropriate. (3) Terms and conditions made under sub-section (1) may

vary between milk processors.

(4) If a milk processor contravenes or fails to comply with any of the terms and conditions upon which milk has been sold to the milk processor under this section, the Authority may after giving the milk processor not less than 7 days notice of its intention to do so, in its absolute discretion discontinue, suspend or restrict the supply of milk to the milk processor until the Authority is satisfied that the milk processor has complied with and can continue to comply with the appropriate terms and conditions.

Act No. 8811992 s.57 failure to make payment in full for the milk purchased

by the due date is a failure to comply with the terms and conditions, and the Authority may forthwith discontinue, suspend or restrict the supply of milk to the milk processor.

57. Proceeds of milk sales

(1) The Authority must from the proceeds of the sale of milk by the Authority make provision for—

(a) any expenditure incurred or likely to be incurred by the Authority in the purchase, treatment, carriage, distribution or sale of milk; and

(b) reducing or liquidating any amounts necessary to repay advances made to and loans raised by the Authority; and

(c) the payment of the interest payment in respect of advances made to and loans raised by the Authority; and

{d) milk production incentive schemes; and

(e) any other payment required or authorised to be made by this Act or which is for or towards the costs and expenses of or incidental to the performance of the functions or the exercise of the powers of the Authority under this Act.

(2) The Authority must as soon as practicable after the end of each month distribute as much as the Authority determines to be available for distribution of the balance if any of the proceeds of the sale of milk by the Authority after it has made such provision for the matters specified in sub-section (1) as the Authority considers appropriate to all Victorian dairy farmers licensed under this Act who have supplied milk which complies with standards specified by the Authority in proportion to the quantity of that milk supplied by each of them to a factory that is an authorised agent in Victoria during that month.

(3) The Authority must at the end of the month and at the end of each financial year prepare a statement in a

s.58 Act No. 88/1992

format agreed between the Authority and the United Dairyfarmers of Victoria showing the receipts and distribution of the proceeds of the sale of market milk by the Authority.

(4) The Authority must send a copy of the statement to the United Dairyfarmers of Victoria and make a copy of the statement available for inspection at any office of the Authority.

58. Payments in relation to butter fat and protein

(1) If the basis of payment used by an authorised agent under section 59 includes a price for butter fat but does not include a price for any other component of milk, the authorised agent must—

(a) declare, by notice in writing to all dairy farmers who supply milk to the authorised agent, a price for butter fat removed or added by the authorised agent in the standardisation of milk for use in the manufacture of market milk; and

(b) use that declared price for making payments to or requiring payments from a dairy farmer, as the case may be, for butter fat removed or added by the authorised agent in the standardisation of the milk supplied by the dairy farmer for use in the manufacture of market milk.

(2) At least one month before making a change to the declared price an authorised agent must give notice in writing of the proposed change to all dairy farmers who supply milk to the authorised agent.

Act No. 88/1992 s.59 supplied by the dairy farmer for use in the manufacture

of market milk.

(4) If the basis of payment used by an authorised agent under section 59 includes a price for protein, the authorised agent must use the same price for making payments to or requiring payments from a dairy farmer, as the case may be, for the difference between—

(a) the proportion of protein in the milk supplied by the dairy farmer to the authorised agent in any month for use in the manufacture of market milk; and

(b) the average proportion of protein in milk accepted by the Authority through the authorised agent in that month.

59. Payments for milk supplied to a factory

(1) The owner of a factory to which dairy farmers supply milk must use the same basis of payment for all milk supplied on the same day to the owner for use as manufacturing milk.

(2) At least one month before making a change to a basis of payment for milk the owner of a factory must give notice in writing of the proposed change to all dairy farmers who supply milk to the factory.

PART 7—PRICES FOR MARKET MILK 60. Pricing guidelines

(1) The Authority must prepare guidelines on pricing principles and methodology to be used for the purposes of this Act.

(2) The Authority must ensure that the dairy industry is consulted during the preparation of guidelines.

(3) The Authority must ensure that a copy of the guidelines is available for inspection at any office of the Authority during normal office hours.

s.61 Act No. 88/1992

(4) The Authority must make price determinations in accordance with the guidelines.

(5) If guidelines are not available in time for the first price determinations under this Act, the first price determinations may be prepared in accordance with the guidelines prepared under the Dairy Industry Act

1984.

61. Price determinations

(1) The Authority must at least once in every 6 months determine—

(a) the price or prices to be paid to the Authority by a milk processor (including an amount to be distributed in accordance with section 57 (2) to dairy farmers) for milk sold to the milk processor for manufacture into market milk; and

(b) minimum prices for the sale of all milks, other than milks declared by a determination of the Authority to be flavoured milks—

(i) to a milk distributor; (ii) to a milk shop; (iii) by retail.

(2) A determination under sub-section (1) (a) may specify different prices having regard to—

(a) the location of the milk processor; and

(b) the type of market milk for which the milk is to be used to manufacture; and

(c) the market in which the market milk manufactured from the milk is to be sold.

(3) The Authority must in making a determination under sub-section (1) (a) make provision for—

(a) the costs of transporting and handling milk for the Authority; and

Act No. 88/1992 s. 62

62. Publication and operation of price determinations

(1) The Authority must cause notice of each price determination to be published in the Government Gazette and in a newspaper circulating generally in Victoria.

(2) A notice under sub-section (1) must include notice of the date of the coming into operation of the price determination.

(3) A price determination comes into operation on the day on which notice of it is published in the Government Gazette or on such later date as is specified in the price determination.

(4) A price determination has effect until it is amended or revoked by a later price determination or until such earlier date (if any) as is specified in the price determination.

63. Sunset of section 61 (1) (b)

Section 61 (1) (b) is repealed on 1 January 1995.

PART 8—ENFORCEMENT AND LEGAL PROCEEDINGS

(1) The Authority may appoint a person to be an authorised officer for the purposes of this Act.

(2) An authorised officer has such powers, functions and duties as are conferred on an authorised officer by or under this Act.

(3) The Authority must issue a certificate of authority to each authorised officer.

65. Certain records to be kept

(1) The holder of a dairy industry licence must send to the Authority any returns or information relating to milk or dairy produce as may be required by notice in writing by the Authority.

s.66 Act No. 8811992

(2) The holder of a dairy industry licence must at all reasonable times permit any authorised officer to inspect and to make abstracts or copies of any records required to be kept under this Act.

66. General powers of authorised officers

(1) For the purposes of the administration of this Act, any Code of Practice and the regulations and of ascertaining whether the provisions of this Act, any Code of Practice and the regulations and the conditions of any dairy industry licence have been or are being complied with, an authorised officer may with such assistance as the authorised officer may require at any reasonable time of the day or night—

(a) enter, inspect and examine any dairy premises or any other premises on which—

(i) dairy produce is manufactured, tested, graded, stored or packed; or

(ii) there is conducted a business in respect of which this Act requires the holding of a licence—

or which the authorised officer suspects on reasonable grounds is used for any of the purposes specified in sub-paragraph (i) or (ii);

(b) detain, enter and examine any vehicle which is used or which the authorised officer suspects on reasonable grounds is used to transport dairy produce;

(c) require any person to produce for inspection any books in the possession of that person relating to dairy produce;

(d) require any person on any dairy premises or in charge or apparently in charge of any vehicle used for the transportation of dairy produce to—

(i) give such information as the authorised officer requests; and