Dairy Industry Act 1993

Queensland DAIRY INDUSTRY ACT 1993 Reprinted as in force on 1 January 2003 (includes amendments up to Act No. 49 of 2002) This is the reprint current on the repeal date Reprint No. 4D This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 January 2003. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland DAIRY INDUSTRY ACT 1993 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Objects. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Extent to which State is bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 2—POLICY AND ADMINISTRATION Division 1—Ministerial advisory bodies 5 Minister may establish advisory bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 2—The Queensland Dairy Authority 6 Establishment of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Division 3—Functions and powers of the authority 7 Functions of the authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8 General powers of the authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 9 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10 Ministerial direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 4—Financial arrangements of authority 11 Authority is statutory body under the Financial Administration and Audit Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Authority is statutory body under the Statutory Bodies Financial Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 5—Membership of the authority 13 Composition of the authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 15 Fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

2 Dairy Industry Act 1993 Division 6—Proceedings of the authority 16 Time and place of meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Procedures governing transaction of business. . . . . . . . . . . . . . . . . . . . . . . . 13 18 Disclosure of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 19 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 7—Committees 20 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Division 8—Staff of the authority 21 Staff of the authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 22 Superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 3—LICENSING 28 Classes of licences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 29 Application for and grant of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 30 Conditions of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 32 Transactions affecting licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 33 Licensee’s records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 34 Variation, suspension or cancellation of licence . . . . . . . . . . . . . . . . . . . . . . 18 35 Offences related to licences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 4—INDUSTRY STANDARDS Division 1—Power to make standards 47 Making of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Division 2—Standard of premises, plant and equipment 48 Standards for premises, vehicles etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 3—Standards for dairy produce 49 Standards with which dairy produce must comply . . . . . . . . . . . . . . . . . . . . 20 50 Unlawful adulteration or blending of dairy produce . . . . . . . . . . . . . . . . . . . 20 Division 4—Testing and analysis of dairy produce 51 Testing and analysis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 5—Power to enforce compliance with standards 52 Power to enforce standards as to premises and equipment etc.. . . . . . . . . . . 21 53 Power to require cleaning of premises etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 22 54 Power to condemn dairy produce etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

3 Dairy Industry Act 1993 55 Power to require segregation of person suffering from infectious disease . . 23 PART 5—GENERAL POWERS OF ENFORCEMENT Division 1—Administration 56 Appointment of authorised persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 57 Terms of appointment of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . 23 58 Powers of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 59 Identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 60 Proof of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 61 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Division 2—Powers of authorised persons 62 Entry and search—monitoring compliance. . . . . . . . . . . . . . . . . . . . . . . . . . 25 63 Entry and search—evidence of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 64 Power to stop and search vehicles etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 65 General powers in relation to places and vehicles. . . . . . . . . . . . . . . . . . . . . 28 66 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 67 Power to require answers to questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 68 Power to require production of licences etc. . . . . . . . . . . . . . . . . . . . . . . . . . 30 69 Authorised person to give notice of seizure or damage . . . . . . . . . . . . . . . . 30 70 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 3—Warrants 71 Monitoring warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 72 Offence related warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 73 Magistrate may require further information before issuing warrant . . . . . . . 32 74 Contents of warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 75 Warrants may be issued by various forms of communication. . . . . . . . . . . . 33 Division 4—Offences 76 Failure of authorised person to return identity card . . . . . . . . . . . . . . . . . . . 35 77 Failure to comply with signal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 78 Failure to comply with requirements relating to vehicles . . . . . . . . . . . . . . . 35 79 Failure to assist authorised person. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 80 Failure to provide name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 81 Failure to answer question. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

4 Dairy Industry Act 1993 82 Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Obstruction of authorised persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Impersonation of authorised persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6—ADMINISTRATIVE APPEALS Division 1—The Dairy Industry Tribunal 87 Establishment of tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Composition of the tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Remuneration of members of the tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Secretary and staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Costs associated with the tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2—Proceedings of the tribunal 92 Time and place of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 Decisions of the tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Evidence and procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Powers as to witnesses etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3—Jurisdiction of the tribunal 96 Appeals to the tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Stay of operation of order etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Powers of tribunal on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6A—ADMINISTRATION AND WINDING–UP OF AUTHORITY 99A Effect of part on pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99B Appointment of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99C Authority members go out of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99D Administrator is authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99E Additional functions of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99F Administrator’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99G Chairperson’s report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99H Completion of winding-up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99I Dissolution of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 37 37 38 38 38 39 40 40 40 40 40 40 41 42 43 43 43 44 44 45 45 45 46 46 47 47

5 Dairy Industry Act 1993 99J Proceedings by or against authority not about part 3 or 4. . . . . . . . . . . . . . . PART 7—MISCELLANEOUS 100 Duty relating to analysis of dairy produce . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Securities over licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Conduct of executive officers, employees and agents . . . . . . . . . . . . . . . . . . 103 Appropriation of penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Injunction against persistent offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 8—TRANSITIONAL PROVISIONS FOR DAIRY INDUSTRY (IMPLEMENTATION OF NATIONAL ADJUSTMENT ARRANGEMENTS) AMENDMENT ACT 2000 107 Transitional provision about non-competitive conditions in producers’ or processors’ licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Market milk entitlements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Determination under Act, s 41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 49 49 49 51 51 51 51 52 53 53 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 54 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 5 Tables in earlier reprints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 8 Table of renumbered provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

s1 7 s3 Dairy Industry Act 1993 DAIRY INDUSTRY ACT 1993 [as amended by all amendments that commenced on or before 1 January 2003] An Act about the dairy industry PART 1—PRELIMINARY 1 Short title This Act may be cited as the Dairy Industry Act 1993 . 2 Objects The objects of this Act include to make provision for— (a) licences for producers and processors, and other licences; and (b) standards for the dairy industry, quality and safety of dairy produce and incidental matters. 3 Definitions In this Act— “administrator” , for part 6A, see section 99B(1). “authorised person” means a person appointed by the authority to be an authorised person under part 5 (General powers of enforcement). “authority” means the Queensland Dairy Authority. “dairy” means buildings and structures (together with associated land) used for the production of milk. “dairy produce” means— (a) milk; or

s4 8 s4 Dairy Industry Act 1993 (b) a product consisting substantially of milk or milk solids and classified by regulation as a form of dairy produce. “market milk” means dairy produce intended for sale for human consumption as milk, and includes any kind of dairy produce classified by regulation as market milk. “milk” means the milk of a bovine animal or of any other animal prescribed by regulation for the purposes of this definition. “owner” of any place or vehicle includes a person in occupation or possession of the place or vehicle, or in charge of the place or vehicle. “place” includes any land, building or structure. “process” , in relation to dairy produce, means any treatment or manufacturing process to which dairy produce is subjected (other than a treatment or process of a kind excluded by regulation from the ambit of this definition). “processor” means any person who carries on the business of processing dairy produce, and includes— (a) a cooperative registered under the Cooperatives Act 1997 that arranges the sale or transportation of dairy produce produced by its members; and (b) a person declared by regulation to be a processor. “producer” means a person who carries on the business of producing dairy produce from a dairy. “sale” includes barter and exchange. “sell” includes— (a) offer or expose for sale; and (b) give away as a way of promotion or advertisement. “tribunal” means the Dairy Industry Tribunal. “vehicle” includes a vessel. “vessel” includes a ship, boat, hovercraft or other means of transportation on water. 4 Extent to which State is bound (1) This Act binds the State.

s5 9 s6 Dairy Industry Act 1993 (2) However, the State or an agency, instrumentality or representative of the State may be exempted by regulation from the application of specified provisions of this Act. (3) Nothing in this Act makes the State liable to be prosecuted for an offence. (4) However, subsection (3) does not prevent an officer, employee or agent of the State from being prosecuted for an offence. (5) Neither the authority nor any other body constituted under this Act is an agency, instrumentality or representative of the State. PART 2—POLICY AND ADMINISTRATION Division 1—Ministerial advisory bodies 5 Minister may establish advisory bodies The Minister may establish an advisory committee or other body to assist the Minister in the administration of this Act. Division 2—The Queensland Dairy Authority 6 Establishment of authority (1) The Queensland Dairy Authority is established. (2) The authority— (a) is a body corporate; and (b) has a seal; and (c) may sue and be sued in its corporate name. (3) Judicial notice must be taken of the imprint of the authority’s seal appearing on a document and the document must be presumed to have been properly sealed unless the contrary is proved.

s 7 10 s 8 Dairy Industry Act 1993 Division 3—Functions and powers of the authority 7 Functions of the authority The functions of the authority are— (a) to administer this Act subject to the Minister’s overriding power of direction; and (b) to establish, and ensure compliance with, appropriate standards for the dairy industry and for dairy produce; and (c) to regulate the production, processing, transportation and sale of dairy produce to the extent contemplated by this Act; and (d) to promote and encourage the use of dairy produce; and (e) to conduct or support research or educational programs relevant to the objects of this Act; and (f) to carry out the other functions assigned to the authority under this Act. 8 General powers of the authority (1) The authority has, for or in connection with the performance of its functions, all the powers of a natural person, and may, for example— (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property; and (c) appoint agents and attorneys; and (d) make charges for services provided by it. (2) The authority may, by written notice, require a person who carries on a business in or associated with the dairy industry to provide specified returns or information that the authority reasonably requires for the administration or enforcement of the Act. (4) A person must not fail, without reasonable excuse, to comply with a requirement under subsection (2). Maximum penalty—40 penalty units. (5) It is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement may tend to incriminate the person.

s 9 11 s 11 Dairy Industry Act 1993 9 Delegation (1) The authority may delegate any of its powers to— (a) a committee formed by the authority; or (b) a member of the authority; or (c) a member of the authority’s staff. (2) The authority may only delegate powers if satisfied that the committee to which, or the person to whom, the delegation is proposed has the expertise and experience necessary for the proper exercise of the powers. 10 Ministerial direction (1) The Minister may direct the authority in relation to the performance of its statutory functions and the exercise of its statutory powers. (2) If the Minister gives a direction to the authority— (a) the direction must be given in writing and must state the date on which it is to take effect; and (b) the direction must be published in the gazette as soon as practicable after it is given; and (c) the direction must be tabled in the Legislative Assembly within 14 sitting days after it is given; and (d) the text of the direction is to be included in the annual report for the year in which the direction is given. Division 4—Financial arrangements of authority 11 Authority is statutory body under the Financial Administration and Audit Act 1977 To remove any doubt, it is declared that the authority is a statutory body under the Financial Administration and Audit Act 1977 .

s 12 12 s 14 Dairy Industry Act 1993 12 Authority is statutory body under the Statutory Bodies Financial Arrangements Act 1982 (1) Under the Statutory Bodies Financial Arrangements Act 1982 , the authority is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B 1 sets out the way in which the authority’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . Division 5—Membership of the authority 13 Composition of the authority (1) The authority is to consist of the following members— (a) the chairperson; (b) 3 persons with experience in milk production, processing or distribution; (c) 3 persons with experience in public administration, business, finance, marketing, quality assurance or industrial relations. (2) The chairperson and other members of the authority are to be appointed by the Governor in Council. (3) The Governor in Council may appoint a person to act as a member of the authority during any period, or all periods, when the member is absent or unable for any reason to perform the duties of the office. 14 Term of office (1) A member of the authority is to be appointed for a term of not more than 3 years. (2) The office of a member of the authority becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or 1 Statutory Bodies Financial Arrangements Act 1982 , part 2B (Powers under this Act and relationship with other Acts)

s 15 13 s 17 Dairy Industry Act 1993 (c) resigns by written notice to the Minister; or (d) is absent, without leave of the authority, from 3 consecutive meetings of the authority; or (e) becomes bankrupt; or (f) becomes incapable of performing the duties of a member because of physical or mental incapacity; or (g) is removed from office by the Governor in Council. 15 Fees and allowances The members of the authority are entitled to the fees and allowances that may be determined by the Governor in Council. Division 6—Proceedings of the authority 16 Time and place of meetings (1) Meetings of the authority are to be held at the times and places that the authority determines. (2) However, the chairperson— (a) may at any time convene a meeting; and (b) must convene a meeting when requested by at least 3 members of the authority. 17 Procedures governing transaction of business (1) The chairperson or, in the absence of the chairperson, a member chosen to preside by the members present, is to preside at a meeting of the authority. (2) At a meeting of the authority— (a) 4 members constitute a quorum; and (b) a question is to be decided by a majority of votes of members present and voting; and

s 18 14 s 18 Dairy Industry Act 1993 (c) each member present has 1 vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting has a casting vote. (3) The authority may regulate its proceedings as it considers appropriate. (4) The authority may permit members to participate in a particular meeting, or all meetings, by— (a) telephone; or (b) closed-circuit television; or (c) any other means of communication. (5) A member who participates in a meeting of the authority by permission under subsection (4) is taken to be present at that meeting. (6) If— (a) all members of the authority agree in writing to a proposed resolution of the authority; and (b) notice of the proposed resolution was given in accordance with procedures approved by the authority; the resolution is a valid resolution of the authority, even though it was not passed at a meeting of the authority. (7) The authority may invite a person to attend a meeting of the authority for the purpose of advising or informing it on any matter. 18 Disclosure of interest (1) If— (a) a member of the authority has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the authority; and (b) the interest could conflict with the proper performance of the member’s duties in relation to the consideration of the matter; the member must, as soon as practicable after the relevant facts come to the member’s knowledge, disclose the nature of the interest to a meeting of the authority.

s 19 15 s 21 Dairy Industry Act 1993 (2) A disclosure under subsection (1) must be recorded in the authority’s minutes and, unless the authority otherwise determines, the member must not— (a) be present during any deliberations of the authority in relation to the matter; or (b) take part in any decision of the authority in relation to the matter. (3) A member who has a direct or indirect pecuniary interest in the matter to which a disclosure under subsection (1) relates must not— (a) be present at any deliberation by the authority for the purpose of making a determination under subsection (2); or (b) take part in the making by the authority of a determination under subsection (2). 19 Minutes The authority must keep minutes of its proceedings. Division 7—Committees 20 Committees (1) The authority may appoint committees for the purpose of advising the authority on a particular subject or subjects. (2) Regulations may be made governing the constitution, and regulating the proceedings, of a committee. (3) A member of a committee is entitled to the fees and allowances that may be determined by the authority. Division 8—Staff of the authority 21 Staff of the authority (1) The authority may employ, or engage the services of, such staff, consultants and contractors as are necessary for the administration and enforcement of this Act.

s 22 16 s 28 Dairy Industry Act 1993 (2) The authority must employ a general manager and a secretary (and those positions may be held in conjunction by the same person if the authority considers appropriate). (3) Subject to any relevant award or industrial agreement, the terms and conditions on which staff are employed are to be determined by the authority. 22 Superannuation schemes (1) The authority may— (a) establish or amend superannuation schemes; or (b) join in establishing or amending superannuation schemes; or (c) take part in superannuation schemes. (2) The auditor-general may audit the schemes. (3) Subsection (2) is subject to the Financial Administration and Audit Act 1977 , part 6. 2 PART 3—LICENSING 28 Classes of licences (1) Licences are to be of the following types— (a) producers’ licences; (b) processors’ licences; (c) the other types of licences that are prescribed by regulation. (2) Licences of each type may be divided into classes in accordance with the regulations. 2 Financial Administration and Audit Act 1977 , part 6 (Audit of consolidated fund and public sector entities)

s 29 17 s 33 Dairy Industry Act 1993 29 Application for and grant of licence (1) An application for a licence— (a) must be made to the authority in a form approved by the authority; and (b) must be accompanied by the information required by the authority. (2) The authority may grant a licence unconditionally or subject to the applicant complying with specified conditions. (3) The authority may grant a licence on a temporary basis pending its final determination of the application. (4) A temporary licence remains in force (subject to earlier revocation at the authority’s discretion) for the period (not longer than 2 months) stated in the licence. 30 Conditions of licence (1) A licence is to be granted for a term determined by the authority in relation to licences of the relevant type and class. (2) A licence is to be granted on conditions determined by the authority. (3) A licence condition may require the holder of the licence to make periodic or other payments to the authority. 32 Transactions affecting licences The holder of a licence may, subject to conditions prescribed by regulation, transfer, deal with or dispose of the licence. 33 Licensee’s records (1) The holder of a licence must keep the records that may be required by regulation or by condition of the licence. Maximum penalty—40 penalty units. (2) The holder of a licence must, at the request of an authorised person, produce the records kept under this section for examination and allow the authorised person to take copies of the records. Maximum penalty—40 penalty units.

s 34 18 s 35 Dairy Industry Act 1993 34 Variation, suspension or cancellation of licence (1) The authority may, by written notice to the holder of a licence— (a) vary, suspend or cancel the licence at the request of the holder of the licence; or (b) vary the licence to correct an error or omission in the licence; or (c) vary, suspend or cancel the licence for contravention of this Act or a term or condition of the licence. (2) Before the authority varies, suspends or cancels a licence under subsection (1)(c), it must give the holder of the licence written notice of— (a) the proposed variation, suspension or cancellation; and (b) the ground on which the authority proposes to make the variation, suspension or cancellation; and allow the holder of the licence a reasonable opportunity to make representations to the authority about the proposed variation, suspension or cancellation. (3) If the authority cancels a licence, the person to whom the licence was granted must, as soon as practicable, return the licence to the authority. Maximum penalty for subsection (3)—10 penalty units. 35 Offences related to licences (1) A person must not carry on business as a producer unless the person holds a producer’s licence and carries on the business in accordance with the terms and conditions of the licence (but a producer who does not produce dairy produce that is ultimately to be sold as market milk is not required to hold a licence). Maximum penalty—40 penalty units. (2) A person must not carry on business as a processor of market milk unless the person holds a processor’s licence and carries on the business in accordance with the terms and conditions of the licence. Maximum penalty—40 penalty units. (3) A person must not carry on a business in the dairy industry for which a licence of a prescribed type is required by regulation unless the person

s 47 19 s 47 Dairy Industry Act 1993 holds a licence of the relevant type and carries on the business in accordance with the terms and conditions of the licence. Maximum penalty—40 penalty units. PART 4—INDUSTRY STANDARDS Division 1—Power to make standards 47 Making of standards (1) The authority may make standards with respect to— (a) any premises or vehicle used for the production, processing or storage of dairy produce; and (b) any plant or equipment used for the production, processing or storage of dairy produce; and (c) the quality, grading and classification of dairy produce; and (d) the packaging, labelling and marking of dairy produce; and (e) the standardisation of milk for sale as pasteurised or homogenised milk; and (f) the blending or mixing of dairy produce with other substances; and (g) the testing and analysis of dairy produce; and (h) the carriage and storage of dairy produce; and (i) sanitation, hygiene and the prevention of disease; and (j) any other matter relevant to the standards of the dairy industry, the quality and safety of dairy produce or any incidental matter. (2) A standard may provide that contravention of the standard is an offence and prescribe a maximum penalty of 40 penalty units, for the offence. (3) A standard under this section is subordinate legislation.

s 48 20 s 50 Dairy Industry Act 1993 Division 2—Standard of premises, plant and equipment 48 Standards for premises, vehicles etc. (1) Any premises, vehicle, plant or equipment used for the production, processing or storage of dairy produce for sale must comply with the authority’s standards. (2) If any premises, vehicle, plant or equipment that does not comply with the authority’s standards is used for the production, processing or storage of dairy produce for sale, the owner commits an offence. Maximum penalty—40 penalty units. Division 3—Standards for dairy produce 49 Standards with which dairy produce must comply (1) Dairy produce intended for sale for human consumption must comply with the authority’s standards. (2) A person must not, without the authority’s consent and without reasonable excuse, sell dairy produce that does not comply with the standards applicable to the dairy produce. Maximum penalty—40 penalty units. 50 Unlawful adulteration or blending of dairy produce (1) A person must not mix or blend an extraneous substance with dairy produce that is intended for sale unless— (a) the substance is approved under the Food Act 1981 ; and (b) the mixing or blending of that substance with the dairy produce is not contrary to the authority’s standards. Maximum penalty—100 penalty units. (2) A producer must not blend or mix milk or cream produced at the producer’s dairy with milk or cream produced at some other dairy. Maximum penalty—100 penalty units.

s 51 21 s 52 Dairy Industry Act 1993 Division 4—Testing and analysis of dairy produce 51 Testing and analysis (1) A person who carries on a business involving the production, processing or storage of dairy produce must comply with any requirements imposed by the authority’s standards for the testing and analysis of dairy produce or imposed by the authority by written notice given to the person. Maximum penalty—40 penalty units. (2) A person who carries on a business involving the production, processing or storage of dairy produce must, at the request of an authorised person, allow the authorised person to take samples of dairy produce for analysis. Maximum penalty—40 penalty units. (3) The authority may recover the cost of taking, and analysing, the samples of dairy produce as a debt from the person carrying on the business. (4) A certificate signed by the secretary of the authority certifying the cost of taking and analysing a sample of dairy produce is admissible in legal proceedings as evidence of the cost. Division 5—Power to enforce compliance with standards 52 Power to enforce standards as to premises and equipment etc. (1) If any premises, vehicle or equipment used for the production, processing or storage of dairy produce for sale does not comply with the authority’s standards, the authority may, by written notice to the owner, require the owner to take specified action within a specified period to bring the premises, vehicle or equipment into conformity with the standards. (2) The notice may also include a prohibition against the use of the premises, vehicle or equipment for the production, processing or storage of dairy produce intended for sale until it has been brought into conformity with the relevant standards. (3) If any premises, vehicle or equipment used for the production, processing or storage of dairy produce for sale is, in the authority’s opinion, unfit for the purpose, the authority may, by written notice to the

s 53 22 s 54 Dairy Industry Act 1993 owner, prohibit the use of the premises, vehicle or equipment for the purpose. (4) If a notice under this section is not complied with, the owner commits an offence. Maximum penalty—40 penalty units. 53 Power to require cleaning of premises etc. (1) If any premises, vehicle or equipment used for the production, processing or storage of dairy produce for sale is not in a clean and wholesome condition, an authorised person may, by written notice to the owner— (a) require the owner to clean and disinfect the premises, vehicle or equipment to the authorised person’s reasonable satisfaction; and (b) prohibit the use of the premises, vehicle or equipment until the authorised person is satisfied that it is fit for use. (2) If the notice is not complied with, the owner commits an offence. Maximum penalty—40 penalty units. 54 Power to condemn dairy produce etc. (1) If an authorised person believes on reasonable grounds that dairy produce examined by the authorised person is unfit for human consumption, or does not comply with the authority’s standards, the authorised person may, by order, condemn the dairy produce. (2) If any dairy produce is condemned under subsection (1), it becomes the property of the authority and must be disposed of as the authority directs. (3) If, in an authorised person’s opinion, an analysis should be carried out in order to determine whether an order should be made under subsection (1) in relation to dairy produce, the authorised person may direct that the dairy produce be detained at a specified place until the analysis is carried out. (4) A person who removes, or permits the removal of, dairy produce contrary to a direction under subsection (3) commits an offence. Maximum penalty—40 penalty units.

s 55 23 s 57 Dairy Industry Act 1993 55 Power to require segregation of person suffering from infectious disease (1) If an authorised person believes on reasonable grounds that a person employed or engaged in the production, processing or handling of dairy produce intended for human consumption is affected by a disease prescribed by regulation for the purposes of this section, the authorised person may order the effective segregation of the person from operations that might result in the transmission of the disease to consumers of the dairy produce. (2) The order must be served on the person in charge of the operations in which the person affected by the disease is employed or engaged. (3) If an order under this section is not complied with, the person in charge of the operations in which the person affected by the disease is employed or engaged commits an offence. Maximum penalty—40 penalty units. PART 5—GENERAL POWERS OF ENFORCEMENT Division 1—Administration 56 Appointment of authorised persons (1) The authority may appoint members of its staff and other persons to be authorised persons. (2) The authority may appoint a person to be an authorised person only if— (a) in the authority’s opinion, the person has the necessary expertise or experience to be an authorised person; or (b) the person has satisfactorily completed a course of training approved by the Minister. 57 Terms of appointment of authorised persons (1) An authorised person holds office subject to the conditions specified in the instrument of appointment.

s 58 24 s 60 Dairy Industry Act 1993 (2) An authorised person— (a) is appointed for the term specified in the instrument of appointment; and (b) may resign by signed notice given to the authority; and (c) if the conditions of appointment so provide—ceases to hold office as an authorised person on ceasing to hold some other office specified in the conditions of appointment. 58 Powers of authorised persons (1) An authorised person has the powers given under this or another Act. (2) A regulation may limit the powers of authorised persons of a specified class. (3) If a regulation is in force under this section, an authorised person to whom it relates may exercise powers only in accordance with the regulation. 59 Identity cards (1) The authority must issue an identity card to each authorised person. (2) The identity card must— (a) contain a recent photograph of the authorised person; and (b) be in a form approved by the Minister; and (c) be signed by the authorised person. 60 Proof of authority (1) An authorised person may exercise a power in relation to a person only if the authorised person first produces his or her identity card for inspection by the person. (2) If, for any reason, it is not practicable to comply with subsection (1), the authorised person must produce the identity card for inspection by the person at the first reasonable opportunity.

s 61 25 s 63 Dairy Industry Act 1993 61 Protection from liability (1) This section applies to— (a) an authorised person; and (b) a person acting under the direction of an authorised person. (2) The person does not incur civil liability for an act or omission done honestly and without negligence under this Act. (3) A liability that would, apart from this section, attach to the person attaches instead to the authority. Division 2—Powers of authorised persons 62 Entry and search—monitoring compliance (1) For the purpose of finding out whether this Act is being complied with, an authorised person may— (a) enter a place at any reasonable time of the day or night; and (b) exercise the powers mentioned in section 65. (2) An authorised person may enter a place only if— (a) the occupier of the place consents to the entry; or (b) a warrant under section 71 authorises the entry; or (c) if the place is a public place—the entry is made when— (i) members of the public attend; or (ii) the place is open for admission by the public; or (d) if the place is a place in relation to which a licence or entitlement is in force under this Act—the entry is made when the place— (i) is open for conduct of business; or (ii) is otherwise open for entry. 63 Entry and search—evidence of offences (1) If an authorised person has reasonable grounds for suspecting that there is in a place a particular thing (the “evidence” ) that may afford

s 63 26 s 63 Dairy Industry Act 1993 evidence of the commission of an offence against this Act, the authorised person may— (a) enter the place; and (b) exercise the powers mentioned in section 65. (2) If the authorised person enters the place and finds the evidence— (a) the authorised person may— (i) seize the evidence; and (ii) keep the evidence in accordance with subsection (4); and (b) if the evidence is a document—while the authorised person has possession of the document, the authorised person— (i) may take extracts from, and make copies of, the document; and (ii) must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the authorised person’s possession. (3) The authorised person may enter the place only if— (a) the occupier of the place consents to the entry; or (b) a warrant under section 72 that was issued in relation to the evidence authorises the entry. (4) The authorised person may keep evidence seized under subsection (2)(a)(i)— (a) for 6 months; or (b) if a prosecution for an offence against this Act in the commission of which the evidence may have been used or otherwise involved is started within that period—until the completion of the proceeding for the offence and any appeal in relation to the proceeding. (5) If, while searching the place under subsection (1) under a warrant under section 72, the authorised person finds a thing (the “secondary evidence” ) that is not the evidence, then, subject to subsection (6), subsection (2) applies to the secondary evidence as if it were the evidence. (6) Subsection (5) applies only if the authorised person believes on reasonable grounds that—

s 64 27 s 64 Dairy Industry Act 1993 (a) the secondary evidence may afford evidence of the commission of— (i) the offence mentioned in subsection (1); or (ii) another offence against this Act; and (b) it is necessary to seize the secondary evidence to prevent— (i) its concealment, loss or destruction; or (ii) its use in committing, continuing or repeating either of the offences. 64 Power to stop and search vehicles etc. (1) In this section— “person in control” of a vehicle includes— (a) the driver of the vehicle; and (b) the person in command of the vehicle; and (c) the person who appears to be in control or command of the vehicle. (2) This section applies if an authorised person suspects on reasonable grounds that— (a) a vehicle is being, or has been, used in the commission of an offence against this Act; or (b) a vehicle, or a thing on or in a vehicle, may afford evidence of the commission of an offence against this Act. (3) The authorised person may, with any assistance, and using any force, that is necessary and reasonable— (a) enter or board the vehicle; and (b) exercise the powers mentioned in section 65. (4) If the vehicle is moving or about to move, the authorised person may signal the person in control of the vehicle— (a) to stop the vehicle; or (b) not to move the vehicle. (5) The authorised person may require the person in control of the vehicle—

s 65 28 s 65 Dairy Industry Act 1993 (a) to give reasonable assistance to enable the vehicle to be entered or boarded under subsection (3); and (b) to bring the vehicle to a specified place, and to remain in control of the vehicle at the place for a reasonable time, to enable the authorised person to exercise the powers conferred on the authorised person in relation to the vehicle. (6) If, while searching the vehicle, the authorised person finds a thing that the authorised person believes on reasonable grounds may afford evidence of the commission of an offence against this Act, section 63(2)(a) applies to the thing and, if the thing is a document, section 63(2)(b) also applies to it. (7) If, after searching the vehicle, the authorised person believes on reasonable grounds that the vehicle may afford evidence of the commission of an offence against this Act, section 63(2)(a) applies to the vehicle. 65 General powers in relation to places and vehicles (1) An authorised person who enters a place, or enters or boards a vehicle, under this part may exercise any of the following powers— (a) search any part of the place or vehicle; (b) inspect, examine, photograph or film anything in or on the place or vehicle; (c) take extracts from, and make copies of, any documents in or on the place or vehicle; (d) take into or onto the place or vehicle any persons, equipment and materials that the authorised person reasonably requires for the purpose of exercising any powers in relation to the place or vehicle; (e) require— (i) the occupier of the place; or (ii) any person in or on the place or vehicle; to give the authorised person reasonable assistance in relation to the exercise of the powers mentioned in paragraphs (a) to (d); (f) powers mentioned in the following provisions— (i) section 66 (Power to require name and address);

s 66 29 s 67 Dairy Industry Act 1993 (ii) section 67 (Power to require answers to questions); (iii) section 68(1) (Power to require production of licences etc.). (2) This section does not limit any power that an authorised person has apart from this section. 66 Power to require name and address (1) This section applies if an authorised person— (a) finds a person committing an offence against this Act; or (b) finds a person whom the authorised person has reasonable grounds for suspecting of having committed an offence against this Act; or (c) believes on reasonable grounds that the name and address of a person is required for the purpose of the enforcement of this Act. (2) The authorised person may— (a) require the person to state the person’s name and address; and (b) if the authorised person believes on reasonable grounds that the name or address given by the person is false—require evidence of its correctness. (3) If the authorised person makes a requirement under subsection (2), the authorised person must warn the person of whom the requirement is made that it is an offence against this Act to fail to comply with the requirement without reasonable excuse. 67 Power to require answers to questions (1) If an authorised person believes on reasonable grounds that a person may be able to provide information relevant to the enforcement of this Act, the authorised person may require the person to answer a question relevant to the matter. (2) If the authorised person makes a requirement under subsection (1), the authorised person must warn the person of whom the requirement is made that it is an offence against this Act to fail to comply with the requirement without reasonable excuse.

s 68 30 s 69 Dairy Industry Act 1993 68 Power to require production of licences etc. (1) An authorised person may— (a) require a person to produce to the authorised person— (i) a licence, entitlement or other authority held by the person under this Act; or (ii) a document required to be kept by the person under this Act; and (b) inspect, take extracts from, make copies of or keep a document produced to the authorised person under paragraph (a). (2) An authorised person— (a) may keep a document under subsection (1)(b) only for the purpose of taking copies of the document; and (b) must, as soon as practicable after taking the copies, return the document to the person who produced it. 69 Authorised person to give notice of seizure or damage (1) An authorised person who, in the exercise of a power under this part, seizes or damages anything must immediately give written notice of the particulars of the seizure or damage. (2) The notice must be given to— (a) for seizure—the person from whom the thing was seized; or (b) for damage—the person who appears to the authorised person to be the owner of the thing. (3) If, for any reason, it is not practicable to comply with subsection (2), the authorised person must— (a) leave the notice at the place where the seizure or damage happened; and (b) ensure the notice is left— (i) in a reasonably secure way; and (ii) in a conspicuous position.

s 70 31 s 72 Dairy Industry Act 1993 70 Compensation (1) A person may claim compensation from the authority if the person incurs any loss or expense— (a) because of the exercise or purported exercise of a power under this part; or (b) in complying with a requirement made of the person under this part. (2) A payment of compensation may be claimed and ordered— (a) in proceedings for compensation brought in a court of competent jurisdiction for the recovery of compensation; or (b) during a proceeding for an offence against this Act brought against the person by whom the claim is made. (3) A court may order the payment of compensation for the loss or expense only if it is satisfied that it is just to make the order in the circumstances of the case. Division 3—Warrants 71 Monitoring warrants (1) An authorised person may apply to a magistrate for a warrant under this section in relation to a particular place (other than premises, or the part of premises, used exclusively for residential purposes). (2) The magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that it is necessary and reasonable that the authorised person should have access to the place for the purpose of finding out whether this Act is being complied with. 72 Offence related warrants (1) An authorised person may apply to a magistrate for a warrant under this section in relation to a particular place. (2) The magistrate may issue the warrant if the magistrate is satisfied, by information on oath, that there are reasonable grounds for suspecting that there is, or there may be within the next 7 days, in or on the place a

s 73 32 s 74 Dairy Industry Act 1993 particular thing that may afford evidence of the commission of an offence against this Act. 73 Magistrate may require further information before issuing warrant If, in relation to an application for a warrant under section 71 or 72, the magistrate requires further information about the grounds on which the issue of the warrant is being sought, the magistrate may issue the warrant only if the authorised person or another person has given the information to the magistrate in the form (either orally or by affidavit) that the magistrate requires. 74 Contents of warrants (1) A warrant under section 71 or 72 must— (a) authorise the authorised person, with any assistance, and using any force, that is necessary and reasonable— (i) to enter the place; and (ii) to exercise the powers mentioned in section 65(1)(a) to (f); and (iii) in the case of a warrant under section 72—to seize a specified thing; and (b) specify the day (not later than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and (c) state the purpose for which the warrant is issued. (2) A warrant under section 71 must also state whether the entry is authorised to be made— (a) at any reasonable time of the day or night; or (b) only during specified reasonable hours of the day or night. (3) A warrant under section 72 must also state whether the entry is authorised to be made— (a) at any time of the day or night; or (b) only during specified hours of the day or night.

s 75 33 s 75 Dairy Industry Act 1993 75 Warrants may be issued by various forms of communication (1) An authorised person may, under this section, apply by telephone, facsimile, radio or another form of communication for a warrant under section 71 or 72 if the authorised person considers it necessary to make the application because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the authorised person’s remote location. (2) Before applying for the warrant, the authorised person must prepare an information of the kind mentioned in section 71(2) or 72(2) that sets out the grounds on which the issue of the warrant is sought. (3) The authorised person may, if necessary, apply for the warrant before the information has been sworn. (4) If the magistrate— (a) after having considered the terms of the information; and (b) after having received any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought; is satisfied that there are reasonable grounds for issuing the warrant, the magistrate may, under section 71 or 72, complete and sign the warrant that the magistrate would issue under the section if the application had been made under the section. (5) If the magistrate completes and signs the warrant, the magistrate must— (a) immediately send a copy of the warrant to the authorised person by facsimile; or (b) if it is not practicable to do so— (i) tell the authorised person what the terms of the warrant are; and (ii) tell the authorised person the day and time when the warrant was signed; and (iii) record on the warrant the reasons for granting the warrant. (6) If the magistrate takes the action mentioned in subsection (5)(b), the authorised person must—

s 75 34 s 75 Dairy Industry Act 1993 (a) complete a form of warrant in the same terms as the warrant completed and signed by the magistrate; and (b) write on the form of the warrant— (i) the name of the magistrate; and (ii) the day and time when the magistrate signed the warrant. (7) The authorised person must also send to the magistrate— (a) the information mentioned in subsection (2), which must have been properly sworn; and (b) if a form of warrant was completed by the authorised person under subsection (6)—the completed form of warrant. (8) A document mentioned in subsection (7) must be sent— (a) not later than the day after the day of expiry or execution of the warrant (whichever is the earlier); or (b) if it is not practicable to comply with the time mentioned in paragraph (a)—as soon as practicable afterwards. (9) When the magistrate receives the documents mentioned in subsection (7), the magistrate must— (a) attach them to the warrant that the magistrate completed and signed; and (b) deal with them in the way in which the magistrate would have dealt with the information if the application for the warrant had been made under section 71 or 72. (10) A facsimile copy of a warrant, or a form of warrant properly completed by the authorised person under subsection (6), is authority for any entry, search, seizure or other exercise of a power that the warrant signed by the magistrate authorises. (11) If— (a) it is material for a court to be satisfied that an entry, search, seizure, or other exercise of power was authorised by this section; and (b) the warrant completed and signed by the magistrate is not produced in evidence; the court must assume that the exercise of power was not authorised by a warrant unless the contrary is proved.

s 76 35 s 79 Dairy Industry Act 1993 Division 4—Offences 76 Failure of authorised person to return identity card A person who ceases to be an authorised person must not, without reasonable excuse, fail to return the person’s identity card to the authority as soon as practicable after ceasing to be an authorised person. Maximum penalty—40 penalty units. 77 Failure to comply with signal (1) A person must not, without reasonable excuse, disobey a signal under section 64(4) to stop or not to move a vehicle. Maximum penalty—40 penalty units. (2) It is a reasonable excuse for the person to fail to stop or to move the vehicle if— (a) to obey immediately the signal would have endangered the person or another person; and (b) the person obeys the signal as soon as it is practicable to do so. 78 Failure to comply with requirements relating to vehicles A person who is required under section 64(5)— (a) to give reasonable assistance to enable the entering or boarding of a vehicle; or (b) to take action in relation to a vehicle to enable the exercise of a power by an authorised person; must not, without reasonable excuse, fail to comply with the requirement. Maximum penalty—40 penalty units. 79 Failure to assist authorised person (1) A person who is required under section 65(1)(e) to give reasonable assistance to an authorised person in relation to the exercise of a power must not, without reasonable excuse, fail to comply with the requirement. Maximum penalty—40 penalty units.

s 80 36 s 81 Dairy Industry Act 1993 (2) If the assistance is required to be given by a person by— (a) answering a question; or (b) producing a document (other than a document required to be kept by the person under this Act); it is a reasonable excuse for the person to fail to answer the question, or produce the document, if complying with the requirement might tend to incriminate the person. 80 Failure to provide name and address (1) A person who is required under section 66 to state the person’s name or address must not— (a) without reasonable excuse, fail to comply with the requirement; or (b) state a false name or address. Maximum penalty—40 penalty units. (2) A person who is required under section 66 to give evidence of the correctness of a name or address must not— (a) without reasonable excuse, fail to give the evidence; or (b) give false evidence. Maximum penalty—40 penalty units. (3) If— (a) an authorised person makes a requirement of a person under section 66 on a suspicion of the person having committed an offence; and (b) the person is not proved to have committed the offence; the person does not commit an offence against this section by failing to comply with the requirement. 81 Failure to answer question (1) A person who is required by an authorised person under section 67 to answer a question must not, without reasonable excuse, fail to comply with the requirement. Maximum penalty—40 penalty units.

s 82 37 s 84 Dairy Industry Act 1993 (2) It is a reasonable excuse for a person to fail to answer a question if answering the question might tend to incriminate the person. (3) If— (a) an authorised person requires under section 67 a person to answer a question on the basis of a reasonable belief about information; and (b) the information is not in fact relevant to the enforcement of this Act; the person does not commit an offence against this section by failing to comply with the requirement. 82 Failure to produce document A person who is required under section 68 to produce a document must not, without reasonable excuse, fail to comply with the requirement. Maximum penalty—40 penalty units. 83 False or misleading documents (1) A person must not give to an authorised person a document containing information that the person knows is false, misleading or incomplete in a material particular. Maximum penalty—40 penalty units. (2) Subsection (1) does not apply to a person if, when the person gives the document to the authorised person, the person— (a) indicates to the authorised person that the document is false, misleading or incomplete; and (b) indicates the respect in which the document is false, misleading or incomplete; and (c) gives the correct information to the authorised person if the person has, or can reasonably obtain, the correct information. 84 False or misleading information (1) A person must not—

s 85 38 s 87 Dairy Industry Act 1993 (a) make a statement to an authorised person that the person knows is false or misleading in a material particular; or (b) omit from a statement made to an authorised person anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—40 penalty units. (2) A complaint against a person for an offence against subsection (1)(a) or (b) is sufficient if it states that the statement made was false or misleading to the person’s knowledge. 85 Obstruction of authorised persons A person must not, without reasonable excuse— (a) obstruct, hinder or resist; or (b) attempt to obstruct, hinder or resist; an authorised person in the exercise of a power under this Act. Maximum penalty—80 penalty units. 86 Impersonation of authorised persons A person must not pretend to be an authorised person. Maximum penalty—80 penalty units. PART 6—ADMINISTRATIVE APPEALS Division 1—The Dairy Industry Tribunal 87 Establishment of tribunal The Dairy Industry Tribunal is established.

s 88 39 s 88 Dairy Industry Act 1993 88 Composition of the tribunal (1) The tribunal is to consist of 3 members appointed by the Governor in Council of whom— (a) 1 (the chairperson) is to be a judge, magistrate, barrister or solicitor; and (b) at least 1 is to be a person with wide knowledge and experience of the dairy industry. (2) A person is not eligible to be appointed as a member of the tribunal if the person— (a) is a member of the Legislative Assembly, or of any House of Parliament of the Commonwealth, another State or a Territory; or (b) is bankrupt; or (c) has been convicted of an indictable offence. (3) The appointment of a member of the tribunal is to be for the term stated in the member’s instrument of appointment. (4) The office of a member of the tribunal becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) is absent, without leave of the chairperson, from 3 consecutive sittings of the tribunal; or (e) becomes bankrupt; or (g) is removed from office by the Governor in Council. (5) The Governor in Council may appoint a person to act as a member of the tribunal— (a) during a vacancy in the office of a member; or (b) during any period, or all periods, when the member is absent or unable for any reason to act in the office.

s 89 40 s 94 Dairy Industry Act 1993 89 Remuneration of members of the tribunal (1) A member of the tribunal is to be paid the salary, fees, allowances and expenses that may be determined by the Governor in Council. (2) No salary or fees are to be paid to an officer of the public service for performing duties as a member of the tribunal. 90 Secretary and staff The tribunal is to have a secretary and the other staff that are necessary for the proper performance of its functions. 91 Costs associated with the tribunal The authority must defray from its funds all costs (including salaries, fees, allowances and expenses) associated with the establishment and operation of the tribunal. Division 2—Proceedings of the tribunal 92 Time and place of proceedings The tribunal is to sit at the times and places that may be determined by the chairperson. 93 Decisions of the tribunal (1) The tribunal may be constituted for the purpose of hearing an appeal by the chairperson and 1 or 2 other members. (2) If the tribunal is constituted of 3 members, a decision in which a majority of the members agree is a decision of the tribunal and, if it is constituted of 2 members, the decision of the chairperson is, in the case of disagreement, to be the decision of the tribunal. 94 Evidence and procedure (1) The tribunal is not bound by the rules of evidence and may inform itself in any way it considers appropriate.

s 95 41 s 95 Dairy Industry Act 1993 (2) The tribunal may, subject to any procedural rules prescribed by regulation, determine its own procedures. (3) A party to an appeal may appear personally or by an agent before the tribunal but is not to be represented by counsel or a solicitor except by leave of the tribunal or the chairperson. (4) The tribunal, constituted of the chairperson alone, may conduct a preliminary hearing of an appeal to determine interlocutory and other preliminary matters and in the course of such a hearing the tribunal may— (a) make orders relating to the conduct of the appeal; or (b) require the parties to make discovery or permit inspection of evidentiary material; or (c) require the parties to file pleadings; or (d) grant any party leave to be represented by counsel or a solicitor; or (e) strike out the appeal on the ground that it is frivolous or vexatious. 95 Powers as to witnesses etc. (1) The chairperson, or a person authorised in writing by the chairperson, may summon a person to appear before the tribunal at a time and place specified in the summons to give evidence or to produce documents. (2) The chairperson, or a person authorised by the chairperson, may administer an oath or affirmation to any person appearing as a witness before the tribunal. (3) A person who, without reasonable excuse— (a) refuses or fails to attend or to produce documents as required by a summons under this section; or (b) refuses or fails to appear from time to time in the course of the proceedings as required by the chairperson; or (c) refuses or fails to be sworn or to make an affirmation; or (d) refuses or fails to answer a question that the person is required to answer by the chairperson; commits an offence.

s 96 42 s 96 Dairy Industry Act 1993 Maximum penalty—40 penalty units. (4) It is a reasonable excuse for a person to fail to answer a question or to produce a document if answering the question or producing the document might tend to incriminate the person. (5) A person summoned as a witness before the tribunal is entitled to witness fees at a rate prescribed by regulation or, if no rate is prescribed, at a rate determined by the chairperson. Division 3—Jurisdiction of the tribunal 96 Appeals to the tribunal (1) A person aggrieved by an order, determination, direction or decision of the authority or an authorised person may appeal against the order, determination, direction or decision to the tribunal. (2) However, the following are not subject to appeal— (a) an order of the authority that is subordinate legislation or a decision of the authority about making, amending or repealing subordinate legislation; (b) an order, determination, direction or decision of an authorised person that is, by regulation, subject to administrative review by the authority or an officer of the authority. (3) An appeal may be based on 1 or more of the following grounds— (a) that the order, determination, direction or decision is not in accordance with this Act; (b) that the order, determination, direction or decision is manifestly unfair to the appellant; (c) that the order, determination, direction or decision will cause severe and unjustified financial hardship to the appellant. (4) In this section, a reference to an order, determination, direction or decision includes a reference to a failure to make an order, determination or a decision or give a direction.

s 97 43 s 99 Dairy Industry Act 1993 97 How to start an appeal (1) An appeal is started by filing a written notice of appeal with the tribunal in the form approved by the tribunal. (2) The tribunal must give a copy of the notice to the authority or the authorised person whose order, direction or decision is being appealed against. (3) The notice of appeal must be filed within 28 days after the appellant receives notice of the order, direction or decision appealed against. (4) The tribunal may at any time extend the period for filing the notice of appeal. (5) The notice of appeal must state the grounds of the appeal. 98 Stay of operation of order etc. (1) In this section— “decision” includes an order, determination or direction. (2) The tribunal may stay a decision appealed against to secure the effectiveness of the appeal. (3) A stay— (a) may be given on conditions the tribunal considers appropriate; and (b) operates for the period stated by the tribunal; and (c) may be revoked or amended by the tribunal. (4) The period of a stay stated by the tribunal must not extend past the time when the tribunal decides the appeal. (5) The starting of an appeal against a decision affects the decision, or the carrying out of the decision, only if the decision is stayed. 99 Powers of tribunal on appeal (1) In this section— “decision” includes an order, determination or direction. (2) In deciding an appeal, the tribunal may— (a) confirm the decision appealed against; or

s 99A 44 Dairy Industry Act 1993 s 99B (b) set the decision aside and substitute another decision; or (c) set the decision aside and return the matter to the authority or authorised person with directions the tribunal considers appropriate. (3) In substituting another decision, the tribunal has the same powers as the authority or authorised person. Example— The tribunal may decide that an unsuccessful applicant for a producer’s licence be issued the licence and decide conditions for it. (4) If the tribunal substitutes another decision, the substituted decision is taken, for the purposes of this Act, to be the decision of the authority or authorised person. PART 6A—ADMINISTRATION AND WINDING–UP OF AUTHORITY 99A Effect of part on pt 2 This part— (a) applies despite part 2; and (b) changes the way part 2 operates. 99B Appointment of administrator (1) The Governor in Council may, by gazette notice, appoint as administrator of the authority (the “administrator” ) a person the Minister considers has appropriate qualifications and experience to be the administrator. (2) The administrator is to be appointed for the term, and on the conditions, approved by the Governor in Council. (3) The administrator— (a) holds office subject to the direction of the Minister; and

s 99C 45 Dairy Industry Act 1993 s 99E (b) unless the administrator earlier ceases holding office because of section 14(2) 3 —ceases holding office when the term of the appointment ends or, if an earlier day is specified by the chief executive by gazette notice as the day the purpose of the administration ends, on the earlier day. 99C Authority members go out of office (1) On the appointment of the administrator, the members of the authority go out of office. (2) No compensation is payable to a member of the authority because of subsection (1). 99D Administrator is authority (1) For all purposes of this Act, the administrator is the authority. (2) Subject to subsection (3), part 2, divisions 5 and 6 4 do not apply to the administrator. (3) Section 14(2)(a), (c) and (e) to (g) and section 15 apply to the administrator as if the administrator were a member of the authority. 99E Additional functions of administrator (1) In addition to the functions of the administrator under section 7, the administrator has the following functions— (a) to implement a program of structural change to the authority’s resources and functions; (b) to give the Minister a quarterly report on the authority’s financial position, the functions of the authority, and anything else the Minister requires the administrator to include in the report; (c) to give the Minister a final report on the administration, including details of any directions given by the Minister to the administrator; 3 Section 14 (Term of office) 4 Part 2, divisions 5 (Membership of the authority) and 6 (Proceedings of the authority)

s 99F 46 Dairy Industry Act 1993 s 99G (d) if the Minister directs the administrator to wind-up the authority— (i) to wind-up the authority; and (ii) to give the Minister a report on the winding-up at any time the Minister requires. (2) The administrator may at any time give the Minister reports on any matter that, in the administrator’s opinion, it is desirable to report to the Minister. (3) The Minister must table the report mentioned in subsection (1)(c) in the Legislative Assembly within 14 sitting days after receiving it. 99F Administrator’s powers (1) The administrator has power to do all things necessary or convenient to be done for administering or winding-up the authority. (2) Without limiting subsection (1), the administrator— (a) has control of the authority’s businesses, property and affairs; and (b) may carry on the business and manage the property and affairs; and (c) may terminate or dispose of all or part of the businesses; and (d) may deal with, or dispose of any of the property, including by refunding a payment, or part of a payment, made to the authority under a licence condition mentioned in section 30(3). 5 (3) To remove any doubt, it is declared that part 2 does not limit the administrator’s powers. 99G Chairperson’s report (1) Within 14 days after the administrator’s appointment, the chairperson of the authority must prepare and give to the administrator a report about the authority’s affairs. 5 Section 30 (Conditions of licence)

s 99H 47 Dairy Industry Act 1993 s 99I (2) The report must include details of the authority’s affairs as they relate to the authority’s businesses or generally to the authority, as the case may be, as at the date of the administrator’s appointment. (3) Within 1 month after receiving the report, the administrator must give to the Minister a copy of the report and a notice of comments the administrator wishes to make relating to the report. 99H Completion of winding-up (1) This section applies if the Minister directs the administrator to wind-up the authority. (2) On completion of the winding-up— (a) the net proceeds of the winding-up must be paid to the authority; or (b) if there are no net proceeds but there are debts that arise from the winding-up—the debts remain debts of the authority. (3) Within 14 days after completion of the winding-up, the administrator must give to the Minister— (a) a report on the winding-up; and (b) any other information or documents the Minister requests to fully explain the winding-up to the satisfaction of the Minister. (4) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it. 99I Dissolution of authority (1) On the dissolution day— (a) the net proceeds of the winding-up vest in the State or, if there are no net proceeds but there are debts that arise from the winding-up, the debts become debts of the State; and

s 99J 48 Dairy Industry Act 1993 s 99J (b) any other liability of the authority, other than a liability about a matter relating to part 3 or 4, 6 becomes a liability of the State; and (c) the authority is dissolved; and (d) the administrator is, in the absence of fraud or dishonesty, released from any further liability to account for the administration of the authority’s affairs or the winding-up. (2) Any net proceeds of the winding-up must be spent for the benefit of producers. (3) In this section— “dissolution day” means the day the Minister, by gazette notice, notifies as the dissolution day for this section. 99J Proceedings by or against authority not about part 3 or 4 (1) A proceeding, other than a proceeding about a matter relating to part 3 or 4, by or against the authority that has not been finished before the dissolution day under section 99I, may be continued and finished by or against the State. 7 (2) If, because of an event that happened before the dissolution day, a proceeding, other than a proceeding about part 3 or 4, could have been started by or against the authority, it may be started by or against the State. 6 Parts 3 (Licensing) and 4 (Industry standards) For liabilities of the authority about matters relating to parts 3 and 4, see the Food Production (Safety) Act 2000 , part 11, division 2 (Transitional and saving provisions for repeal of Dairy Industry Act 1993). 7 For proceedings about matters relating to parts 3 and 4, see the Food Production (Safety) Act 2000 , section 140F (Proceedings by or against former authority about part 3 or 4 matters).

s 100 49 Dairy Industry Act 1993 s 102 PART 7—MISCELLANEOUS 100 Duty relating to analysis of dairy produce (1) If an authorised person takes a sample of dairy produce and submits it to an analyst for analysis, the authorised person must obtain from the analyst a certificate certifying the results of the analysis and give the person from whose dairy produce the sample was taken a copy of the certificate. (2) If a particular method of analysis has been prescribed by regulation, the analyst must follow the method. (3) A person must not use as an advertisement— (a) the results of an analysis made for the purposes of this Act; or (b) a communication received from an analyst in connection with an analysis made for the purposes of this Act. Maximum penalty for subsection (3)—40 penalty units. 101 Securities over licences (1) If the holder of a licence grants a security for the payment of a debt or the performance of any other obligation over the licence, the holder of the licence must, within 30 days of granting the security, lodge a copy of the instrument creating the security with the authority. Maximum penalty—40 penalty units. (2) The authority must keep a register of the securities lodged under this section. (3) A person may inspect the register on payment of the reasonable fee fixed by the authority. 102 Conduct of executive officers, employees and agents (1) If, in a proceeding for an offence, it is necessary to establish the state of mind of a corporation in relation to particular conduct, it is sufficient to show— (a) that the conduct was engaged in by an executive officer, employee or agent of the corporation within the scope of his or her actual or apparent authority; and

s 102 50 Dairy Industry Act 1993 s 102 (b) that the executive officer, employee or agent had the state of mind. (2) Conduct engaged in on behalf of a corporation by an executive officer, employee or agent of the corporation within the scope of his or her actual or apparent authority is taken, in a proceeding for an offence, to have been engaged in also by the corporation unless the corporation establishes that it took reasonable precautions and exercised proper diligence to avoid the conduct. (3) If, in a proceeding for an offence, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show— (a) that the conduct was engaged in by an employee or agent of the individual within the scope of his or her actual or apparent authority; and (b) that the employee or agent had the state of mind. (4) Conduct engaged in on behalf of an individual by an employee or agent of the individual within the scope of his or her actual or apparent authority is taken, in a proceeding for an offence, to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised proper diligence to avoid the conduct. (5) If— (a) an individual is convicted of an offence; and (b) the individual would not have been convicted of the offence if subsections (3) and (4) had not been enacted; the individual is not liable to be punished by imprisonment for the offence. (6) In this section— “engaging” in conduct includes failing to engage in conduct; “state of mind” of a person includes— (a) the person’s knowledge, intention, opinion, belief or purpose; and (b) the person’s reasons for the intention, opinion, belief or purpose.

s 103 51 Dairy Industry Act 1993 s 106 103 Appropriation of penalties All penalties, costs, fees and other money recovered under this Act are to be paid to the authority and are to be applied by the authority for the purposes of this Act. 104 Injunction against persistent offenders (1) If a person has been convicted on at least 3 separate occasions of an offence against this Act, the Supreme Court may, on the application of the authority, grant an injunction against further contravention of this Act. (2) If a person, against whom an injunction is in force under this section, again contravenes this Act, the person is liable, in addition to the penalty otherwise applicable to the contravention to a further penalty of 100 penalty units. 105 Evidentiary provision (1) A certificate signed by a member or the secretary of the authority to the effect that a person held or did not hold a licence of a particular class or an entitlement under this Act at a stated time or for a stated period is admissible in legal proceedings as evidence of that fact. (2) The certificate of an analyst certifying the results of the analysis of a sample of dairy produce under this Act is admissible in legal proceedings as evidence of the results of the analysis. (3) In this section— “entitlement” means a market milk entitlement granted under section 36 at any time before section 36 was repealed by the Dairy Industry (Implementation of National Adjustment Arrangements) Amendment Act 2000 , section 9(2). 106 Regulation-making power (1) The Governor in Council may make regulations for the purposes of this Act. (2) Regulations may be made on any of the following subjects— (a) the qualifications required for authorised persons, analysts and other persons engaged in the administration or enforcement of this Act;

s 107 52 Dairy Industry Act 1993 s 107 (b) the administration of the system of licences under this Act; (c) the records to be kept and returns to be furnished by the holders of licences under this Act; (d) the imposition of charges to be paid for the purposes of this Act; (e) offences for contravention of a regulation and the maximum penalties (which must not exceed 40 penalty units) for the offences. PART 8—TRANSITIONAL PROVISIONS FOR DAIRY INDUSTRY (IMPLEMENTATION OF NATIONAL ADJUSTMENT ARRANGEMENTS) AMENDMENT ACT 2000 107 Transitional provision about non-competitive conditions in producers’ or processors’ licences (1) This section applies to a producer’s or a processor’s licence that, immediately before the commencement of the section, is subject to a non-competitive condition. (2) The non-competitive condition ceases to have effect. (3) In this section— “non-competitive condition” means— (a) for a producer’s licence, a condition— (i) prohibiting the transfer of dairy produce between dairies; or (ii) specifying or restricting the source of acquisition of dairy produce obtained or sold by the holder of the licence; or (iii) specifying or restricting the persons or places to whom or to which dairy produce may be supplied by the holder of the licence; or (b) for a processor’s licence, a condition— (i) specifying or restricting the source of acquisition of dairy produce obtained or sold by the holder of the licence; or

s 108 53 Dairy Industry Act 1993 s 109 (ii) specifying or restricting the persons or places to whom or to which dairy produce may be supplied by the holder of the licence. 108 Market milk entitlements (1) A market milk entitlement to supply milk for processing as market milk granted under section 36 8 and in force immediately before the commencement of this section ceases to have effect. (2) No compensation is payable merely because of subsection (1). 109 Determination under Act, s 41 (1) This section applies despite the repeal of part 3, division 3. (2) For the purposes of making a determination under section 41 9 for the month in which this section commences, sections 40 to 42 continue to have effect as if they had not been repealed. (3) The determination must be made as if the month consisted only of the number of days in the month before the day this section commences. (4) Without limiting section 8(2), 10 the authority may require a processor to give it a certificate by an independent auditor verifying the processor’s returns about market milk sales. 8 Section 36 (Market milk entitlements) 9 Section 41 (Determination of monthly adjustments of market milk sales) 10 Section 8 (General powers of the authority)

54 Dairy Industry Act 1993 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 January 2003. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

55 Dairy Industry Act 1993 4 Table of earlier reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of earlier reprints, see the latest reprint. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. TABLE OF EARLIER REPRINTS Reprint No. 1 2 2A 2B 2C 3 3A 4 4A 4B Amendments included to Act No. 76 of 1993 to Act No. 41 of 1994 to Act No. 36 of 1995 to Act No. 59 of 1996 to Act No. 39 of 1997 to Act No. 73 of 1997 to Act No. 49 of 1998 to Act No. 49 of 1998 to Act No. 27 of 2000 to Act No. 27 of 2000 Effective 14 December 1993 14 September 1994 16 June 1995 5 December 1996 1 September 1997 19 December 1997 27 November 1998 1 January 1999 1 July 2000 28 February 2002 4C to Act No. 49 of 2002 24 September 2002 Reprint date 17 December 1993 28 October 1994 19 July 1996 23 December 1996 3 October 1997 23 June 1998 3 December 1998 2 February 1999 12 July 2000 28 February 2002 (Column discontinued) Notes 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Corrected minor errors Renumbered provisions Reprint No. 1 4 6 List of legislation Dairy Industry Act 1993 No. 24 date of assent 2 June 1993 commenced on date of assent Note— The transfer day is 11 February 1994 (see s 115(1) and 1993 SL No. 282 s 19 (as ins by 1994 SL No. 38 s 3)) rep 1 January 2003 (2000 No. 45 s 141 as amd 2002 No. 49 s 28) amending legislation— Statute Law (Miscellaneous Provisions) Act (No. 2) 1993 No. 76 ss 1–3 sch 2 date of assent 14 December 1993 commenced on date of assent

56 Dairy Industry Act 1993 Dairy Industry Amendment Act 1994 No. 41 date of assent 14 September 1994 commenced on date of assent Statutory Authorities Superannuation Legislation Amendment Act 1995 No. 36 ss 1–2, 9 sch 2 date of assent 16 June 1995 commenced on date of assent Primary Industries Legislation Amendment Act (No. 2) 1996 No. 59 pts 1, 4 date of assent 5 December 1996 commenced on date of assent Cooperatives Act 1997 No. 39 ss 1–2, 472 sch 7 date of assent 25 August 1997 ss 1–2 commenced on date of assent remaining provisions commenced 1 September 1997 (1997 SL No. 286) Primary Industries Legislation Amendment Act (No. 2) 1997 No. 73 pts 1–2 date of assent 1 December 1997 ss 1–2 commenced on date of assent remaining provisions commenced 19 December 1997 (1997 SL No. 475) Dairy Industry Amendment Act 1998 No. 49 date of assent 27 November 1998 ss 1–3, 4(2), 7, 30 commenced on date of assent (see s 2(1)) remaining provisions commenced 1 January 1999 (see s 2(2)) Mental Health Act 2000 No. 16 ss 1–2, 590 sch 1 pt 2 date of assent 8 June 2000 ss 1–2, 590 commenced on date of assent (see s 2(1)) remaining provisions commenced 28 February 2002 (2002 SL No. 27) (provisions were to commence 8 June 2002 (automatic commencement under AIA s 15DA(2) (2001 SL No. 46 s 2))) Dairy Industry (Implementation of National Adjustment Arrangements) Amendment Act 2000 No. 27 date of assent 27 June 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (2000 SL No. 189) Primary Industries Legislation Amendment Act 2002 No. 49 s 1, pt 4 date of assent 24 September 2002 commenced on date of assent 7 List of annotations This reprint has been renumbered—see table of renumbered provisions in endnote 8. Title sub 2000 SL No. 27 s 4

57 Dairy Industry Act 1993 PART 1—PRELIMINARY Objects s 2 amd 1996 No. 59 s 15 sub 2000 No. 27 s 5 Definitions s 3 def “administrator” ins 2000 No. 27 s 6(2) def “carrier” om 1998 No. 49 s 4(1) def “competition legislation” ins 1998 No. 49 s 4(3) om 2000 SL No. 27 s 6(1) def “Council” om 1996 No. 59 s 16 def “farmgate price” om 1998 No. 49 s 4(1) def “financial arrangements” ins 1994 No. 41 s 3 om 1998 No. 49 s 4(2) def “former Act” om 2000 SL No. 27 s 6(1) def “lease” om 1998 No. 49 s 4(1) def “market milk access” om 2000 SL No. 27 s 6(1) def “market milk entitlement” om 2000 SL No. 27 s 6(1) def “milk run” om 1998 No. 49 s 4(1) def “pasteurised cream” om 2000 SL No. 27 s 6(1) def “pasteurised milk” om 2000 SL No. 27 s 6(1) def “pricing order” ins 1998 No. 49 s 4(3) om 2000 SL No. 27 s 6(1) def “processor” amd 1997 No. 39 s 472 sch 7; 1998 No. 49 s 4(4) def “rent” om 1998 No. 49 s 4(1) def “revenue” ins 1994 No. 41 s 3 om 1998 No. 49 s 4(2) def “vendor” om 1998 No. 49 s 4(1) PART 2—POLICY AND ADMINISTRATION Division 1—Ministerial advisory bodies div hdg sub 1996 No. 59 s 17 Minister may establish advisory bodies s 5 sub 1996 No. 59 s 17 Functions of the council s 6 prev s 6 om 1996 No. 59 s 17 Functions of the authority s 7 prev s 7 om 1996 No. 59 s 17 pres s 7 amd 1998 No. 49 s 5 amd 2000 No. 27 s 7 General powers of the authority s 8 prev s 8 amd 1994 No. 41 s 4 om 1996 No. 59 s 17 pres s 8 amd 1998 No. 49 s 6 amd 2000 No. 27 s 8 The council’s secretariat s 9 prev s 9 om 1996 No. 59 s 17

58 Dairy Industry Act 1993 Committees s 10 prev s 10 om 1996 No. 59 s 17 Division 4—Financial arrangements of authority div hdg ins 1994 No. 41 s 5 Authority is statutory body under the Financial Administration and Audit Act 1977 s 11 ins 1994 No. 41 s 5 sub 1998 No. 49 s 7 Authority is statutory body under the Statutory Bodies Financial Arrangements Act 1982 s 12 ins 1994 No. 41 s 5 sub 1998 No. 49 s 7 Composition of the authority s 13 amd 1996 No. 59 s 9 Term of office s 14 amd 1996 No. 59 s 21 Fees and allowances s 15 prev s 15 om 1996 No. 59 s 18 Power to mortgage property etc. for financial arrangement s 16C ins 1994 No. 41 s 5 om 1998 No. 49 s 7 Priority of authority’s debentures, bonds and inscribed stock s 16D ins 1994 No. 41 s 5 om 1998 No. 49 s 7 Priority of charge over revenue s 16E ins 1994 No. 41 s 5 om 1998 No. 49 s 7 Notice of default s 16F ins 1994 No. 41 s 5 om 1998 No. 49 s 7 Remedies s 16G ins 1994 No. 41 s 5 om 1998 No. 49 s 7 Receiver’s remuneration s 16H ins 1994 No. 41 s 5 om 1998 No. 49 s 7 Powers and duties of receiver s 16I ins 1994 No. 41 s 5 om 1998 No. 49 s 7 Alternative remedies s 16J ins 1994 No. 41 s 5 om 1998 No. 49 s 7

59 Dairy Industry Act 1993 Disclosure of interest s 18 prev s 18 om 1996 No. 59 s 20 Superannuation schemes s 22 sub 1995 No. 36 s 9 sch 2 PART 3—INDUSTRY REGULATION pt hdg sub 2000 No. 27 s 9(1) Division 1—Price regulation div hdg om 2000 No. 27 s 9(2) Price fixing s 23 amd 1996 No. 59 s 22; 1998 No. 49 s 8 exp 31 December 2003 (see s 27) om 2000 No. 27 s 9(2) Specific authorisation for making pricing orders and imposing pricing conditions s 24 ins 1998 No. 49 s 9 om 2000 No. 27 s 9(2) Obligation to comply with pricing order prov hdg sub 1998 No. 49 s 10(1) s 25 amd 1998 No. 49 s 10(2)–(4) om 2000 No. 27 s 9(2) Specific authorisation for things done because of pricing orders s 26 ins 1998 No. 49 s 11 om 2000 No. 27 s 9(2) Expiry of div 1 s 27 ins 1998 No. 49 s 11 om 2000 No. 27 s 9(2) Division 2—Licensing div hdg prev div 2 hdg exp 31 December 1998 (see prev s 35) new div hdg om 2000 No. 27 s 9(3) Classes of licences s 28 amd 1998 No. 49 s 12 Application for and grant of licence s 29 om 2000 No. 27 s 9(2) Vesting of milk s 30 prev s 30 amd 1996 No. 59 s 23 exp 31 December 1998 (see prev s 35) Specific authorisation of non-competitive conditions s 31 prev s 31 exp 31 December 1998 (see prev s 35) pres s 31 ins 1998 No. 49 s 13 om 2000 No. 27 s 10 Sale of milk and distribution of proceeds s 32 prev s 32 exp 31 December 1998 (see prev s 35)

60 Dairy Industry Act 1993 Payment in good faith s 33 prev s 33 exp 31 December 1998 (see prev s 35) Transactions contrary to this division s 34 prev s 34 exp 31 December 1998 (see prev s 35) Offences related to licences s 35 prev s 35 exp 31 December 1998 (see prev s 35) pres s 35 amd 1997 No. 73 s 4; 1998 No. 49 s 15 Division 3—Supply management div hdg prev div 3 hdg exp 31 December 1998 (see prev s 37) om 2000 No. 27 s 9(2) Market milk entitlements s 36 prev s 36 exp 31 December 1998 (see prev s 37) pres s 36 amd 1998 No. 49 s 19 om 2000 No. 27 s 9(2) Transactions affecting entitlement s 37 prev s 37 exp 31 December 1998 (see prev s 37) pres s 37 amd 1998 No. 49 s 20 om 2000 No. 27 s 9(2) Diversion of supply by entitlement holders s 38 exp 31 December 2003 (see s 46) om 2000 No. 20 s 9(2) Supply management scheme and market milk access prov hdg amd 1998 No. 49 s 21(1) s 39 amd 1998 No. 49 s 21(2)–(4) om 2000 No. 27 s 9(2) Amount of each class of market milk supplied s 40 amd 1996 No. 59 s 25 sub 1998 No. 49 s 22 om 2000 No. 27 s 9(2) Determination of monthly adjustments of market milk sales s 41 ins 1998 No. 49 s 22 om 2000 No. 27 s 9(2) Specific authorisation for monthly adjustments of market milk sales s 42 prev s 42 amd 1996 No. 59 s 24 om 1998 No. 49 s 14 pres s 42 ins 1998 No. 49 s 22 om 2000 No. 27 s 9(2) Consequential variation of market milk entitlements s 43 om 2000 No. 27 s 9(2) General power of variation and cancellation s 44 om 2000 No. 27 s 9(2)

61 Dairy Industry Act 1993 Gazettal of entitlements etc. s 45 amd 1998 No. 49 s 23 om 2000 No. 27 s 9(2) Expiry of div 3 s 46 prev s 46 om 1998 No. 49 s 16 pres s 46 ins 1998 No. 49 s 24 om 2000 No. 27 s 9(2) Division 5—Restructuring of distribution div hdg om 1998 No. 49 s 17 PART 4—INDUSTRY STANDARDS Making of standards s 47 prev s 47 om 1998 No. 49 s 17 pres s 47 amd 2000 No. 27 s 11 Application of this division s 48 prev s 48 om 1998 No. 49 s 18 Testing and analysis s 51 amd 1998 No. 49 s 25 Composition of the tribunal s 88 amd 2000 No. 16 s 590 sch 1 pt 2 Appeals to the tribunal s 96 amd 1994 No. 41 s 6; 1998 No. 49 s 26; 2000 No. 27 s 12 How to start an appeal s 97 amd 1993 No. 76 s 3 sch 2 sub 1994 No. 41 s 7 Stay of operation of order etc. s 98 ins 1994 No. 41 s 7 amd 1998 No. 49 s 27 Powers of tribunal on appeal s 99 ins 1994 No. 41 s 7 amd 1998 No. 49 s 28 PART 6A—ADMINISTRATION AND WINDING–UP OF AUTHORITY pt hdg ins 2000 No. 27 s 13 Effect of part on pt 244 s 99A ins 2000 No. 27 s 13 Appointment of administrator s 99B ins 2000 No. 27 s 13 Authority members go out of office s 99C ins 2000 No. 27 s 13 Administrator is authority s 99D ins 2000 No. 27 s 13

62 Dairy Industry Act 1993 Additional functions of administrator s 99E ins 2000 No. 27 s 13 Administrator’s powers s 99F ins 2000 No. 27 s 13 Chairperson’s report s 99G ins 2000 No. 27 s 13 Completion of winding-up s 99H ins 2000 No. 27 s 13 Dissolution of authority s 99I ins 2000 No. 27 s 13 amd 2002 No. 49 s 9 Proceedings by or against authority not about part 3 or 4 s 99J ins 2002 No. 49 s 10 Evidentiary provision s 105 amd 2000 No. 27 s 14 Regulation–making power prov hdg sub 2000 No. 27 s 15(1) s 106 amd 2000 No. 27 s 15(2), (3) PART 8—TRANSITIONAL PROVISIONS FOR DAIRY INDUSTRY (IMPLEMENTATION OF NATIONAL ADJUSTMENT ARRANGEMENTS) AMENDMENT ACT 2000 pt hdg prev pt hdg exp 1 February 1999 (see s 120) pres pt hdg ins 2000 No. 27 s 16 Transitional provisions about non-competitive conditions in producers’ or processors’ licences s 107 ins 2000 No. 27 s 16 Market milk entitlements s 108 ins 2000 No. 27 s 16 Determination under Act, s 41 s 109 ins 2000 No. 27 s 16 Numbering and renumbering of Act s 115 orig s 115 exp at the end of 11 February 1994 (see prev s 115(3)) prev s 115 ins 1994 No. 41 s 8 exp 14 March 1995 (see pres s 115 (2)) AIA s 20A applies (see s 115(3)) new s 115 ins 1998 No. 49 s 29 om R4 (RA s 37) Grant of new market milk entitlements s 116 prev s 116 exp at the end of 11 February 1994 (see prev s 116(2)) pres s 116 ins 1994 No. 41 s 8 sub 1998 No. 49 s 30 exp 1 February 1999 (see s 120)

63 Dairy Industry Act 1993 Gazettal of all market milk entitlements s 117 prev s 117 exp at the end of 11 February 1994 (see s 117(2)) pres s 117 ins 1998 No. 49 s 30 exp 1 February 1999 (see s 120) Superannuation arrangements and schemes s 118 exp at the end of 11 February 1994 (see s 118(2)) Existing licences, permits and entitlements s 119 amd 1996 No. 59 s 26 (1)–(3), (7) exp at the end of 11 February 1994 (see s 119(7)) exp 1 February 1999 (see s 120) Expiry of pt 8 s 120 prev s 120 exp at the end of 11 February 1994 (see s 120(2)) pres s 120 ins 1998 No. 49 s 31 exp 1 February 1999 (see s 120) Existing regulations s 121 exp 2 December 1993 (see s 121(3)) PART 9—REPEAL pt 9 (s 122) om R1 (see RA s 40) 8 Table of renumbered provisions TABLE OF RENUMBERED PROVISIONS [Reprint No. 4] under the Reprints Act 1992 s 43 as required by the Dairy Industry Act 1993 s 115 Previous Renumbered as 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 13(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(3) 13(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(4) 13(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8(5) 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 div 3A hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .div 4 hdg 16A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 16B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 div 4 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .div 5 hdg 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 div 5 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .div 6 hdg 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18

64 Dairy Industry Act 1993 Previous Renumbered as 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 div 6 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .div 7 hdg 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 div 7 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .div 8 hdg 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 28(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23(3) 28(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23(4) 28(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23(5) 28A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 29A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 29B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 div 4 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .div 2 hdg 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 38(1)(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28(1)(c) 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 40A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 45(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35(3) div 6 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .div 3 hdg 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 53A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 53B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 56A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57

65 Dairy Industry Act 1993 Previous Renumbered as 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 72 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .78 89 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .80 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .83 94 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .89 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .90 101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93 104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .94 105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .95 106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96 106(2)(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .96(2)(c) 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97 107A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .98 107B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .99 108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103 112 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104

66 Dairy Industry Act 1993 Previous Renumbered as 113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105 114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106 © State of Queensland 2003