QueenslandDairy Industry
Act 1993DAIRYINDUSTRY(MARKETMILKPRICES)ORDER1995Reprinted as in force on 25 January
1995(Order not amended up to this date)Reprint No. 1This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
order is reprinted as at 25 January 1995.MinoreditorialchangesallowedundertheprovisionsoftheReprintsAct1992mentioned in the following list have
been made to—•correct spelling consistent with
current drafting practice (s 26(1))•omit
provisions that are no longer required (s 40).See Endnotes for
information about—•when provisions commenced•provisionsthathavenotcommencedandarenotincorporatedinthereprint.
s13s3Dairy
Industry (Market Milk Prices) Order1995DAIRY
INDUSTRY (MARKET MILK PRICES)ORDER
1995[reprinted as in force on 25 January
1995]˙Short title1.This
order may be cited as theDairy Industry (Market Milk
Prices)Order 1995.˙Commencement2.This
order commences on 5 January 1995.˙Definitions3.In
this order—“Brisbane Milk District”see Schedule
1.“Bundaberg,GladstoneandRockhamptonMilkDistrict”seeSchedule 1.“FoodStandardsCode”means the Food Standards Code adopted
undertheFood Standards (Adoption of Food
Standards Code and General)Regulation
1987.“high fat”means having a
milk fat content of at least 45 g/kg.“Kilcoy Milk
District”see Schedule 1.“liquid milk
products with vegetable oil”means milk to
which vegetableoil has been added so that the product has a
vegetable fat content of notmore than 35
g/kg.“low fat”means having a
milk fat content of not more than 10 g/kg.“Mackay Milk
District”see Schedule 1.“milk
district”means—
s34s3Dairy
Industry (Market Milk Prices) Order1995(a)the Brisbane Milk District; or(b)the South East Queensland Milk
District; or(c)the Kilcoy Milk District; or(d)the Bundaberg, Gladstone and
Rockhampton Milk District; or(e)the
Yeppoon and Emu Park Milk District; or(f)the
Mackay Milk District; or(g)the Western
Towns Milk District; or(h)the North East
Queensland Milk District; or(i)the
Mossman Milk District; or(j)the Mt Isa Milk
District.“milk shop”means—(a)a business (other than one conducted
by the holder of a licence)involving the
purchase and resale of milk; or(b)a
business involving the purchase of pasteurised milk in
quantitiesover 80 L per week.“modified
milk”means a liquid mixture of 2 or more of the
following—(a)milk;(b)concentrated milk;(c)dried full cream milk;(d)skim
milk;(e)concentrated skim milk;(f)dried skim milk;(g)cream;(h)buttermilk;(i)dried buttermilk;(j)milk
fat;(k)water.
s35s3Dairy
Industry (Market Milk Prices) Order1995“Mossman Milk District”see Schedule
1.“Mt Isa Milk District”see Schedule
1.“North East Queensland Milk District”see
Schedule 1.“pasteurised”means treated
by—(a)heating to a temperature of at least
72°C, keeping at or above thattemperatureforatleast15secondsandimmediatelyshockcooling to a temperature below 4.5°C;
or(b)another process involving heating and
shock cooling having anequal or greater lethal effect on
bacteria.“reduced fat”means having a
milk fat content of not more than 20 g/kgand at least 10
g/kg.“reduced lactose”means having not
more than one-fifth the normal lactosecontent of
milk.“restructuringscheme”meanstheschemeforrestructuringthedistribution of dairy produce by the holders
of vendors’ licences undersection 47 of the Act.“school milk”means milk sold
for consumption by students or childrenattending—(a)a
primary or secondary school; or(b)a
government preschool or licensed kindergarten; or(c)a licensed family day care centre or
licensed child care centre; or(d)aplaygroupaffiliatedwiththePlaygroupAssociationofQueensland Incorporated.“skimmilk”meansmilkhavingamilkfatcontentofnotmorethan1.5
g/kg.“South East Queensland Milk District”see
Schedule 1.“supermarket”means—(a)a retail business operating under one
of the following businessnames—(i)Bi-lo;
s46s6Dairy
Industry (Market Milk Prices) Order1995(ii)Coles;(iii)Coles
Fossey;(iv)Food-for-less;(v)Franklins;(vi)Hypermarket;(vii)
K-Mart;(viii)Woolworths; or(b)a
similar business classified as a supermarket by the
Authority.“ultra heat treated” (UHT)means treated by heating to a temperature
ofatleast132°Cforatleast1secondandpackaginginhermeticallysealed packages
approved under the Food Standards Code.“Western Towns
Milk District”see Schedule 1.“Yeppoon and Emu
Park Milk District”see Schedule 1.˙Order
applies to market milk4.This order
applies to market milk.˙Prices for
purchases of milk by processors—Sch 25.(1)Theminimumpriceforwhichmilkmaybepurchasedbyprocessors from producers or other
processors to be processed for sale asmilk is fixed
under Schedule 2.(2)The price of 53.31 cents per litre is
designated as the farmgate pricefor milk.˙Prices for sales of milk—Sch 36.(1)The prices
specified in Schedule 3 are fixed for sales of the kindsshown
in the Schedule.(2)The prices apply to each milk district
as specified in the Schedule.(3)IfaprocessorsellsmilktotheholderofaClassDorClassE
s67s6Dairy
Industry (Market Milk Prices) Order1995vendor’s licence, the Schedule applies as
follows—(a)if the milk is purchased by—(i)theholderofaClassDvendor’slicenceforresalebywholesale to supermarkets—the price fixed
for sale to theholder of a Class A vendor’s licence
applies; or(ii)theholderofaClassEvendor’slicenceforresalebywholesale to supermarkets—the price fixed
for sale to theholder of a Class B vendor’s licence
applies;(b)ifthemilkispurchasedforresalebywholesaletomilkshops(other than supermarkets)—the price fixed
for sale to the holderof a Class B vendor’s licence
applies;(c)if the milk is purchased for resale by
retail—the price fixed forsale to the holder of a Class C
vendor’s licence applies.(4)However,thepricesfixedunderthissectionaresubjecttothefollowing qualifications—(a)a fixed or minimum price does not
apply to the sale of milk to—(i)the
Defence Force; or(ii)government
departments, agencies and instrumentalities; or(iii)public hospitals;(b)ifthemilkisdeliveredtotheplaceofresidenceofthepurchaser—anadditionalchargeof2centsperlitre,oreachcontainer,
(whichever is the greater) may be made;(c)retail prices are to be rounded up or down
under the principlesapproved by the Prices Surveillance
Authority.
s78s7Dairy
Industry (Market Milk Prices) Order1995˙Conditions of order17.(1)A processor must
pay to the Authority, out of the price to which theprocessor is entitled on the sale of milk,
0.68 cents per litre to be appliedtowards the costs
of administering the Act.(2)A processor must
pay to the Authority, out of the price to which theprocessorisentitledonthesaleofmilktobesoldbywholesaletosupermarkets (other than milk to be sold by
the holders of Class E vendors’licences), 7.49
cents per litre to be applied towards the costs of financing
therestructuring scheme.(3)A
processor must pay to the Authority, out of the price to which
theprocessor is entitled on the sale of
milk—(a)to be sold by wholesale to milk shops
(other than supermarkets);or(b)to
be sold by wholesale to supermarkets by the holders of Class
Evendors’ licences;3.35centsperlitretobeappliedtowardsthecostsoffinancingtherestructuring scheme.(4)A
processor must pay to the Authority, out of the price to which
theprocessor is entitled on the sale of milk to
be sold by retail by the vendors,2.75centsperlitretobeappliedtowardsthecostsoffinancingtherestructuring scheme.(5)A
processor must pay to the Authority, out of the price to which
theprocessor is entitled on the sale of reduced
fat modified milk and low fatmodified milk
ultimately to be sold to consumers in—(a)the
Brisbane Milk District; or1Thebasisoftheindustrycontributiontowardsadministrativecostsisthatproducersandprocessorswilleachcontribute0.25centsperlitreandvendorswill contribute
0.18 cents per litre.Theindustrycontributiontowardsthecostsoftherestructuringschemeis—forproducers and
processors—0.25 cents per litre; for retailers—0.60 cents per
litre;fornonparticipantvendors—2.25centsperlitre;forparticipantvendors(otherthanthoseauthorisedtoselltosupermarkets)—2.25centsperlitre;andforparticipantvendorswhoareauthorisedtoselltodesignatedsupermarkets—6.39
cents per litre.
s79s7Dairy
Industry (Market Milk Prices) Order1995(b)the South East Queensland Milk
District; or(c)the Kilcoy Milk District;3
cents per litre to be applied towards the costs of transporting
milk betweenprocessors.(6)The
amounts to be paid by processors under this section must be
paidwithin the period after the period in which
the processor supplies the milk.(7)In
subsection (6)—“period”, for a
processor, means—(a)a month or other division of a year
agreed between the processorand the
Authority for the purposes of subsection (6); or(b)ifthereisnoagreement—adivisionofayeardecidedbytheAuthority.
10Dairy Industry (Market Milk Prices)
Order1995¡SCHEDULE
1†MILK DISTRICTSsection 3 of
this order˙Brisbane Milk District1.The Brisbane Milk District consists of
an area bounded by—•a line starting at the southern tip of
North Stradbroke Island andthe shore of the
South Pacific Ocean and continuing along theseashore
generally northerly to Cape Moreton•thengenerallywesterlyandsoutherlybytheCityofBrisbaneboundary to the
mouth of the Pine River•then by the
right bank of the river and the right bank of the SouthPine
River to the crossing of the North Coast railway•then by the railway north-westerly and
northerly to the crossing ofthe North Pine
River, by the right bank of the river upwards to theD’AguilarRange,bythewesternboundaryofthelocalgovernmentareaoftheShireofPineRiverssoutherlytothejunction of the boundary with the
western boundary of the City ofBrisbane and by
the boundary generally southerly and easterlyand southerly to
the south-western corner of portion 39 Parish ofWoogaroo•thensoutherlybythewesternboundaryoftheoldShireofBeaudeserttothenorth-westerncornerofportion131oftheparish of
Undullah•then by the southern boundary of old
division 1 of the Shire ofBeaudesert to its junction with the
Logan River, by the right bankoftherivertoitsjunctionwiththeboundaryoftheShireofRedlandandbytheboundarytothesoutherntipofNorthStradbroke Island and the shore of the South
Pacific Ocean.
11Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 1 (continued)˙South East Queensland Milk
District2.The South East Queensland Milk
District consists of—(a)theareasoftheCitiesofIpswich,Maryborough,Toowoomba,and Warwick;
and(b)the area of the Town of Dalby;
and(c)the area of the City of Gold Coast,
other than the part of the areasouth of
Coolangatta Creek; and(d)the area of the
Shire of Albert; and(e)the area of the
parishes of Curra, Gutchy and Neerdie in the Shireof
Tiaro, the area of the City of Gympie, the areas of the Shires
ofWidgee and Noosa, the area of the Shire of
Maroochy excludingthe portion of Division 1 west of the
south-western boundary ofthe Parish of Maroochy, the area of
the Shire of Landsboroughexcluding Division 1, the area of the
Shire of Caboolture, the areaof the City of
Redcliffe and the portion of the area of the Shire ofPine
Rivers outside the Brisbane Milk District; and(f)theareaswithina5kmradiusoftheprincipalpostofficesinBeaudesert, Murgon, Oakey, Kingaroy and
Wondai.˙Kilcoy Milk District3.The Kilcoy Milk District consists of
the area within a 5 km radius ofthe principal
post office at Kilcoy.˙Bundaberg,
Gladstone and Rockhampton Milk District4.The
Bundaberg, Gladstone and Rockhampton Milk District consists
ofthe areas of the cities of Bundaberg,
Gladstone and Rockhampton.˙Yeppoon and Emu
Park Milk District5.The Yeppoon and Emu Park Milk District
consists of the areas withina 5 km radius of
the principal post offices at Yeppoon and Emu Park.
12Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 1 (continued)˙Mackay Milk District6.The Mackay Milk District consists of
the area within a 12 km radius ofthe principal
post office at Mackay.˙Western Towns Milk
District7.The Western Towns Milk District
consists of the areas within a 5 kmradiusoftheprincipalpostofficesintheshiresofBarcaldine,Blackall,Longreach and Winton and the town of
Alpha.˙North East Queensland Milk
District8.The North East Queensland Milk
District consists of—(a)the areas within
a 16 km radius of the principal post offices atCairns and
Townsville; and(b)theareaswithina5kmradiusoftheprincipalpostofficesatAtherton, Ingham, Innisfail, Mareeba
and Tolga.˙Mossman Milk District9.The Mossman Milk District consists of
the area within a 5 km radiusof the principal
post office at Mossman.˙Mt Isa Milk
District10.The Mt Isa Milk District consists of
the area within a 10 km radius ofthe principal
post office at Mt Isa.˙Milk districts do
not include unconnected islands11.However, a milk district does not include an
island not connected tothe mainland by a bridge or
causeway.
13Dairy Industry (Market Milk Prices)
Order1995¡SCHEDULE
2†MINIMUM PRICES FOR PURCHASES OF MILK
BYPROCESSORSsection 5(1) of
this orderMilkColumn 1(a)Purchases from producers or
processors, except for use in theproduction of
UHT Milk(b)Purchases from producers or processors
for use in the productionof UHT MilkMinimum
priceColumn 2cents per
L56.3134.82
14Dairy Industry (Market Milk Prices)
Order1995¡SCHEDULE
3†PRICES FOR SALES OF MILKsection 6 of this orderPART 1—BRISBANE
MILK DISTRICT (NON–UHTMILK)
15Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
2—BRISBANE MILK DISTRICT (UHT MILK)
16Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
3—SOUTH EAST QUEENSLAND MILKDISTRICT
(NON–UHT MILK)
17Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
4—SOUTH EAST QUEENSLAND MILKDISTRICT (UHT
MILK)
18Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
5—KILCOY MILK DISTRICT (NON–UHTMILK)
19Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
6—KILCOY MILK DISTRICT (UHT MILK)
20Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
7—BUNDABERG, GLADSTONE ANDROCKHAMPTON MILK DISTRICT
(NON–UHTMILK)
21Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
8—BUNDABERG, GLADSTONE ANDROCKHAMPTON MILK DISTRICT (UHT
MILK)
22Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
9—YEPPOON AND EMU PARK MILKDISTRICT
(NON–UHT MILK)
23Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
10—YEPPOON AND EMU PARK MILKDISTRICT (UHT
MILK)
24Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
11—MACKAY MILK DISTRICT (NON–UHTMILK)
25Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
12—MACKAY MILK DISTRICT (UHT MILK)
27Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
14—WESTERN TOWNS MILK DISTRICT (UHTMILK)
28Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
15—NORTH EAST QUEENSLAND MILKDISTRICT
(NON–UHT MILK)
29Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
16—NORTH EAST QUEENSLAND MILKDISTRICT (UHT
MILK)
30Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
17—MOSSMAN MILK DISTRICT (NON–UHTMILK)
31Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
18—MOSSMAN MILK DISTRICT (UHT MILK)
32Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
19—MT ISA MILK DISTRICT (NON–UHTMILK)
33Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)PART
20—MT ISA MILK DISTRICT (UHT MILK)
34Dairy Industry (Market Milk Prices)
Order1995SCHEDULE 3 (continued)NoteregardingSchedule3: The prices shown in column 2 are not
directly relevanttotransactionsinvolvingthesaleofmarketmilkandarenotpartofthisorder.However,theyformthebasisonwhichthepricesshownincolumns3,4,5and6havebeencalculated.ThelatterpricestakeintoaccounttheamountstobepaidtotheAuthorityunderconditionsimposedbythisordertobeappliedtowardsadministrativecosts,thecostoffinancingtherestructuringschemeandthecostoftransporting milk between processors
under a supply management scheme.
35Dairy Industry (Market Milk Prices)
Order1995†ENDNOTES´1Index to
EndnotesPage2Date to which
amendments incorporated . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 353List of legislation . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 354List of annotations. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 36´2Date
to which amendments incorporatedThis is the
reprint date mentioned in the Reprints Act 1992, section
5(c).However,noamendmentshavecommencedoperationonorbeforethatday.Futureamendments of the Dairy Industry (Market Milk
Prices) Order 1995 may be made inaccordance with
this reprint under the Reprints Act 1992, section 49.´3List of
legislationDairy Industry (Market Milk Prices) Order
1995 SL No. 1notfd Gaz 4 January 1995 pp 1–2ss
1–2 commenced on date of notificationremaining
provisions commenced 5 January 1995 (see s 2)
36Dairy Industry (Market Milk Prices)
Order1995´4List
of annotationsKey to abbreviations in list of
annotationsamdChdefDivexphdginsomprecpresprev(prev)provPtR1RArenumSdivsub===================amendedChapterdefinitionDivisionexpires/expiredheadinginsertedomittedprecedingpresentpreviouspreviouslyprovisionPartReprint No. 1Reprints Act
1992renumberedSubdivisionsubstitutedProvisions not
included in reprint, or amended byamendments not
included in reprint, are underlinedRepeals
8om R1 (see RA s 40)
