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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Protecting Australian Dairy Bill 2019
No. , 2019
(Senator Hanson)
A Bill for an Act to ensure the viability of
Australia's dairy industry, and for related purposes
No. , 2019
Protecting Australian Dairy Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Milk prices
3
Competition and Consumer Act 2010
3
Schedule 2--Encouraging competition in the food and grocery
industries
5
Competition and Consumer Act 2010
5
No. , 2019
Protecting Australian Dairy Bill 2019
1
A Bill for an Act to ensure the viability of
1
Australia's dairy industry, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Protecting Australian Dairy Act 2019
.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Protecting Australian Dairy Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Milk prices
Schedule 1
No. , 2019
Protecting Australian Dairy Bill 2019
3
Schedule 1--Milk prices
1
2
Competition and Consumer Act 2010
3
1 After Part VIIA
4
Insert:
5
Part VIIB--Milk prices
6
7
95ZR Definitions
8
In this Part:
9
base milk price
for a dairy season means the price determined by
10
the Commission under section 95ZRB for that season.
11
dairy products
means processed and semi-processed products
12
produced or derived from raw milk.
13
dairy season
means the period that begins on 1 July in a year and
14
ends on 30 June in the following year.
15
processor
means a person that produces dairy products.
16
raw milk
means the unpasteurised lacteal fluid product of a dairy
17
cow.
18
95ZRA Purpose of this Part
19
The purpose of this Part is to empower the Commission to
20
determine a base milk price which will promote the long-term
21
sustainability of the dairy industry in Australia.
22
95ZRB Commission to determine base milk price
23
For each dairy season, the Commission must, by legislative
24
instrument, determine a price per kilogram of raw milk solids for
25
that season.
26
Schedule 1
Milk prices
4
Protecting Australian Dairy Bill 2019
No. , 2019
95ZRC Commission to consider certain matters in determining base
1
milk price
2
In determining the base milk price for a dairy season, the matters
3
the Commission must have regard to include the following:
4
(a) the costs of the following:
5
(i) collecting milk;
6
(ii) processing milk;
7
(iii) selling dairy products;
8
(b) the long-term food security of Australia;
9
(c) the commercial viability of dairy farms, including small
10
farms, in all States and Territories;
11
(d) the commercial viability of milk processors in all States and
12
Territories.
13
95ZRD Processors must not acquire milk for less than base price
14
A processor commits an offence if:
15
(a) the processor enters into an agreement for the purchase of
16
raw milk during a dairy season; and
17
(b) the raw milk is to be purchased at a price per kilogram of raw
18
milk solids that is lower than the base milk price for that
19
season.
20
Penalty: 2000 penalty units.
21
95ZRE Constitutional limits on operation of this Part
22
This Part does not apply in relation to a processor unless:
23
(a) the processor is a corporation; or
24
(b) the body from whom the processor acquires raw milk is a
25
corporation; or
26
(c) the sale of raw milk or processing of raw milk into dairy
27
products is (or would be) in the course of, or for the purposes
28
of, constitutional trade or commerce (within the meaning of
29
Part IIIA).
30
Encouraging competition in the food and grocery industries
Schedule 2
No. , 2019
Protecting Australian Dairy Bill 2019
5
Schedule 2--Encouraging competition in the
1
food and grocery industries
2
3
Competition and Consumer Act 2010
4
1 After section 46
5
Insert:
6
46AA Misuse of market power--Productivity Commission inquiry
7
into a divestiture regime
8
(1) By the day after this section commences, the Productivity Minister
9
must, under Part 3 of the
Productivity Commission Act 1998
, refer
10
to the Productivity Commission for inquiry the following matters:
11
(a) the effectiveness of the amendments to this Act made by
12
Schedule 1 to the
Protecting Australian Diary Act 2019
;
13
(b) whether a legislative regime that requires divestiture by
14
corporations would encourage greater competition in the food
15
and grocery industries;
16
(c) if Part XICA (the Electricity Industry) of this Act is
17
enacted--whether the legislative regime for divestiture
18
orders provided by that Part would be appropriate to apply to
19
the food and grocery industries to encourage greater
20
competition.
21
(2) In referring the matter to the Productivity Commission for inquiry,
22
the Productivity Minister must:
23
(a) under paragraph 11(1)(a) of the
Productivity Commission Act
24
1998
, require the Productivity Commission to hold hearings
25
for the purposes of the inquiry; and
26
(b) under paragraph 11(1)(b) of that Act, specify the period
27
ending on 1 January 2021 as the period within which the
28
Productivity Commission must submit its report on the
29
inquiry; and
30
(c) under paragraph 11(1)(d) of that Act, require the Productivity
31
Commission to make recommendations in relation to the
32
matter referred to in subsection (1).
33
Schedule 2
Encouraging competition in the food and grocery industries
6
Protecting Australian Dairy Bill 2019
No. , 2019
Note:
Under section 12 of the
Productivity Commission Act 1998
, the
1
Productivity Minister must cause a copy of the Productivity
2
Commission's report to be tabled in each House of the Parliament.
3
(3) The Productivity Minister must not withdraw the reference before
4
the Productivity Minister has received the report.
5
(4) For the purposes of paragraph 6(1)(a) of the
Productivity
6
Commission Act 1998
, the matter mentioned in subsection (1) is
7
taken to be a matter relating to industry, industry development and
8
productivity.
9
(5) In this section,
Productivity Minister
means the Minister
10
administering the
Productivity Commission Act 1998
.
11
2 At the end of section 51AE
12
Add:
13
(3) For the purposes of this Part, the regulations must:
14
(a) prescribe an industry code that relates to the food and grocery
15
industry; and
16
(b) declare that code to be a mandatory industry code.
17