Document ID: chunk:federal_register_of_legislation:F2025C00037:reg:40
Version: federal_register_of_legislation:F2025C00037
Segment Type: reg
Provision Reference: reg 40
Character Range: 41418–43079

40  Penalties relating to unilateral variations and terminations

Written variations
 (1) A processor contravenes this subsection if:
 (a) the processor is a party to a milk supply agreement; and
 (b) either:
 (i) the processor unilaterally varies the agreement; or
 (ii) all the parties agree to vary the agreement; and
 (c) the variation is in writing; and
 (d) the variation does not comply with the following requirements:
 (i) the variation must be in plain English or contain a plain English overview of the variation;
 (ii) the variation must consist of a single document.
Civil penalty: 300 penalty units.
 (2) A farmer contravenes this subsection if:
 (a) the farmer is a party to a milk supply agreement; and
 (b) the farmer unilaterally varies the agreement; and
 (c) the variation is in writing; and
 (d) the variation does not comply with the following requirements:
 (i) the variation must be in plain English or contain a plain English overview of the variation;
 (ii) the variation must consist of a single document.
Civil penalty: 100 penalty units.

Variations and terminations other than in accordance with agreement
 (3) A processor that is a party to a milk supply agreement must not vary or terminate the agreement unilaterally other than as provided for by the agreement.
Note: For variations and terminations, see sections 27, 28, 33 and 34.
Civil penalty: 300 penalty units.
 (4) A farmer who is a party to a milk supply agreement must not vary or terminate the agreement unilaterally other than as provided for by the agreement.
Note: For variations and terminations, see sections 27, 28, 33 and 34.
Civil penalty: 100 penalty units.