Competition Policy Reform (Queensland—Dairy Industry Exemptions) Regulation 1998

Queensland Competition Policy Reform (Queensland) Act 1996 COMPETITION POLICY REFORM (QUEENSLAND—DAIRY INDUSTRY EXEMPTIONS) REGULATION 1998 Reprinted as in force on 22 July 1998 (Regulation not amended up to this date) Reprint No. 1 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 regulation is reprinted as at 22 July 1998. See endnotes for information about when provisions commenced.

Queensland COMPETITION POLICY REFORM (QUEENSLAND—DAIRY INDUSTRY EXEMPTIONS) REGULATION 1998 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Words and expressions used in Dairy Act and this regulation . . . . . . . . . . . 4 PART 2—EXEMPTIONS ABOUT FARMGATE PRICING ORDERS 4 Specific authorisation for making farmgate pricing orders and imposing pricing conditions—Dairy Act, s 28 . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Specific authorisation for things done because of farmgate pricing orders—Dairy Act, s 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 3—EXEMPTIONS ABOUT PRICING CONDITION FOR FARMGATE PRICING ORDERS 6 Specific authorisation for imposing pricing condition—Dairy Act, s 28 . . . 5 7 Expiry of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 4—EXEMPTIONS ABOUT GENERAL PRICING ORDERS 8 Definitions for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Specific authorisation for making general pricing orders and imposing pricing conditions—Dairy Act, s 28 . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Specific authorisation for things done because of general pricing orders—Dairy Act, s 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Expiry of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 5—EXPIRY 12 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Competition Policy Reform (Queensland—Dairy Industry Exemptions) Regulation 1998 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 8 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

s1 3 s2 Competition Policy Reform (Queensland—Dairy Industry Exemptions) Regulation 1998 COMPETITION POLICY REFORM (QUEENSLAND—DAIRY INDUSTRY EXEMPTIONS) REGULATION 1998 [reprinted as in force on 22 July 1998] † PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Competition Policy Reform (Queensland—Dairy Industry Exemptions) Regulation 1998 . ˙ Definitions 2. In this regulation— “competition legislation” means section 51(1)(b) 1 of the Trade Practices Act or section 51 2 of the Competition Code of this jurisdiction. “Dairy Act” means the Dairy Industry Act 1993 . “farmgate pricing order” means a pricing order to the extent it fixes the farmgate price for market milk. “pricing order” means an order made by the authority under section 28(1) 3 of the Dairy Act. 1 Section 51 (Exceptions) 2 Section 51 states that in deciding whether a person has contravened the Competition Code, Part IV, certain things must be disregarded. Section 51(1) of the Code provides that the following must be disregarded— (a) … (b) anything done in a State, if the thing is specified in, and specifically authorised by: (i) an Act passed by the Parliament of that State; or (ii) regulations made under such an Act. 3 Section 28 (Price fixing)

s3 4 s5 Competition Policy Reform (Queensland—Dairy Industry Exemptions) Regulation 1998 ˙ Words and expressions used in Dairy Act and this regulation 3. Unless the contrary intention appears, words and expressions used in the Dairy Act and this regulation have the same meaning in this regulation as they have in that Act. † PART 2—EXEMPTIONS ABOUT FARMGATE PRICING ORDERS ˙ Specific authorisation for making farmgate pricing orders and imposing pricing conditions—Dairy Act, s 28 4.(1) The following things are specifically authorised for the competition legislation— (a) the making of a farmgate pricing order; (b) the imposition by the authority of a pricing condition on the making of a farmgate pricing order. (2) In this section— “pricing condition” , for a farmgate pricing order, means a condition imposed under section 28(4) of the Dairy Act that a person pay a stated proportion of the price fixed under the order for market milk to the authority for application towards— (a) the costs of administration of the Dairy Act; or (b) another purpose that is determined by the authority and is of a non-competitive nature. ˙ Specific authorisation for things done because of farmgate pricing orders—Dairy Act, s 29 5. The following things are specifically authorised for the competition legislation— (a) the payment by a processor to a producer or another processor of

s6 5 s7 Competition Policy Reform (Queensland—Dairy Industry Exemptions) Regulation 1998 a price for market milk consistent with a farmgate pricing order; (b) the receipt by a producer from a processor of a price for market milk consistent with a farmgate pricing order; (c) the receipt by a processor from another processor of a price for market milk consistent with a farmgate pricing order. † PART 3—EXEMPTIONS ABOUT PRICING CONDITION FOR FARMGATE PRICING ORDERS ˙ Specific authorisation for imposing pricing condition—Dairy Act, s 28 6.(1) The imposition by the authority of a pricing condition on the making of a farmgate pricing order is specifically authorised for the competition legislation. (2) In this section— “pricing condition” , for a farmgate pricing order, means a condition imposed under section 28(4) of the Dairy Act that a person pay a stated proportion of the price fixed under the order for market milk to the authority for application towards the reimbursement, to an extent prescribed under a regulation under the Dairy Act, of expenses incurred by a processor in transporting market milk under a supply management scheme under part 3, division 6 4 of the Dairy Act. ˙ Expiry of pt 3 7. This part expires on 31 December 1998. 4 Part 3 (Industry regulation), division 6 (Supply management)

s 8 6 s 10 Competition Policy Reform (Queensland—Dairy Industry Exemptions) Regulation 1998 † PART 4—EXEMPTIONS ABOUT GENERAL PRICING ORDERS ˙ Definitions for pt 4 8. In this part— “general pricing order” means a pricing order to the extent it fixes prices for market milk other than the farmgate price. “pricing condition” , for a general pricing order, means a condition imposed under section 28(4) of the Dairy Act that a person pay a stated proportion of the price fixed under the order for market milk to the authority for application towards— (a) the costs of administration of the Dairy Act; or (b) the reimbursement, to an extent prescribed under a regulation under the Dairy Act, of expenses incurred by a processor in transporting market milk under a supply management scheme under part 3, division 6 of the Dairy Act; or (c) another purpose that is determined by the authority and is of a non-competitive nature. ˙ Specific authorisation for making general pricing orders and imposing pricing conditions—Dairy Act, s 28 9. The following things are specifically authorised for the competition legislation— (a) the making of a general pricing order; (b) the imposition by the authority of a pricing condition on the making of a general pricing order. ˙ Specific authorisation for things done because of general pricing orders—Dairy Act, s 29 10. The following things are specifically authorised for the competition legislation—

s 11 7 s 12 Competition Policy Reform (Queensland—Dairy Industry Exemptions) Regulation 1998 (a) the payment by a person of a price for market milk consistent with a general pricing order; (b) the payment by a person, for the collection, treatment, storage, distribution or delivery of market milk, of a price consistent with a general pricing order; (c) the receipt by a person of a price for market milk consistent with a general pricing order; (d) the receipt by a person, for the collection, treatment, storage, distribution or delivery of market milk, of a price consistent with a general pricing order. ˙ Expiry of pt 4 11. This part expires on 31 December 1998. † PART 5—EXPIRY ˙ Expiry 12. This regulation expires on 30 June 1999.

8 Competition Policy Reform (Queensland—Dairy Industry Exemptions) Regulation 1998 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. Future amendments of the Competition Policy Reform (Queensland—Dairy Industry Exemptions) Regulation 1998 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om p para prec pres = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted page paragraph preceding present prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = = previous previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered

9 Competition Policy Reform (Queensland—Dairy Industry Exemptions) Regulation 1998 ´ 4 List of legislation Competition Policy Reform (Queensland—Dairy Regulation 1998 SL No. 201 made by the Governor in Council on 16 July 1998 notfd gaz 22 July 1998 pp 1404–6 commenced on date of notification exp 30 June 1999 (see s 12) Industry Exemptions) ´ 5 List of annotations PART 3—EXEMPTIONS ABOUT PRICING CONDITION FOR FARMGATE PRICING ORDERS pt 3 (ss 6–7) exp 31 December 1998 (see s 7) PART 4—EXEMPTIONS ABOUT GENERAL PRICING ORDERS pt 4 (ss 8–11) exp 31 December 1998 (see s 11) © State of Queensland 1998