and liquid milk products; milk and dried milk products; milks; and cream products; butter products, dairy blend and dairy spreads; (f) cheese and cheese products; and yoghurt products; cream, reduced fat ice cream and low fat ice cream; (ha) colostrum and products derived from colostrum; other product or class of products declared by a determination to be dairy food— but does not include any product or class of product declared by a determination not to be dairy food; dairy food carrier means the owner of any business engaged in the transport of dairy food in a bulk container; dairy industry licence means a licence issued by the Authority under Part 3; s. 3 dairy premises means— dairy farm; dairy manufacturing premises; dairy distribution premises; manufacturing premises means any premises where—
is received direct from a dairy farm; or food is manufactured or packed; S. 3 def. of dairy manufacturer amended by No. 69/2004 s. 37(c). dairy manufacturer means the owner of a business that operates a dairy manufacturing premises; transport vehicle means any vehicle used principally to transport dairy food in a bulk container; S. 3 def. of Department amended by Nos 56/2003 s. 11(Sch. item 5), 70/2013 s. 4(Sch. 2 item 10). Department means the Department of Environment and Primary Industries; determination means a determination made by the Authority under this Act; Food Standards Code has the same meaning as in section 63A of the Food Act 1984; ice has the same meaning as in the Food Standards Code; licensee means the holder of a dairy industry licence; low fat ice cream has the same meaning as in the Food Standards Code; s. 3 manufacture includes prepare or process; member means a member of the Authority;
__________________ 22 Certain businesses and vehicles to be licensed s. 22 (1) A person must not commence or conduct business as a— farmer; manufacturer; food carrier; distributor— unless that person a current and valid dairy industry licence in respect of the business. 120 penalty units. Note to s. 22(1) inserted by No. 13/2013 s. 16(1). Note Section 55C applies to an offence against this subsection. (2) A person must not— a dairy transport vehicle which is used or intended to be used to transport dairy food in bulk; or a dairy transport vehicle to transport dairy food in bulk— unless there is a current and valid dairy industry licence in respect of the dairy transport vehicle or unless there is a dairy industry licence or corresponding authority in force under this Act or any corresponding law of another State or
the officer took, or could reasonably have taken, to prevent the commission of the offence by the body corporate; and other relevant matter. (5) Without limiting any other defence available to the officer, an officer of a body corporate may rely on a defence that would be available to the body corporate if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the body corporate would bear. (6) An officer of a body corporate may commit an offence against a provision specified in subsection (2) whether or not the body corporate has been prosecuted for, or found guilty of, an offence against that provision. (7) In this section— body corporate has the same meaning as in section 55A; officer in relation to a body corporate, has the same meaning as in section 55A. 56 Defence to charge S. 56 amended by No. 13/2013 s. 15 (ILA s. 39B(1)). s. 56 (1) It is a defence to a prosecution or other legal proceeding under this Act if the person charged with the offence proves that— or she used due diligence to prevent the commission of an offence; and or she did not know that an offence was being committed or consent to or connive in the commission of the offence. S. 56(2) inserted by No. 13/2013 s. 15.