Victorian Current Acts

DAIRY ACT 2000

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  

   PART 2--DAIRY FOOD SAFETY VICTORIA

   4.      Dairy Food Safety Victoria  
   5.      Objectives of the Authority  
   6.      Functions of the Authority  
   7.      Powers of the Authority  
   8.      Accountability of Authority  
   9.      Members of the Authority  
   10.     Selection committee  
   11.     Recommendations of a selection committee  
   12.     Terms and conditions of office of members of the Authority  
   13.     Validity of acts or decisions  
   14.     Proceedings of the Authority  
   15.     Pecuniary interests of members  
   16.     Improper use of information  
   17.     Delegation  
   18.     Officers and employees  
   19.     Borrowing and investment powers  
   20.     Corporate plan  
   21.     Reporting to the dairy industry  
   21A.    Minister to ensure tabling of report  

   PART 3--DAIRY INDUSTRY LICENCES

   22.     Certain businesses and vehicles to be licensed  
   22A.    Exemptions from licensing requirement  
   23.     Application for a dairy industry licence  
   24.     Licence fees  
   25.     Dairy industry licences  
   26.     Powers of Authority in respect of licences  
   27.     Review of decision of Authority  
   28.     Reasons for decision  
   29.     Effect of issue of dairy industry licence  
   30.     Offence relating to dairy food  

   PART 4--FOOD SAFETY

   31.     Codes of Practice  
   32.     Procedure for making a Code of Practice  
   33.     Commencement of Code of Practice  
   34.     Availability of Codes of Practice  
   35.     Evidentiary provisions  
   36.     Sale and delivery of dairy food which has not been pasteurised or packed and sealed as required  
   37.     Approval of programs  
   38.     Minister may require certain dairy industry licences to have food safety program  
   39.     Contents of program  
   40.     Compliance monitoring  
   41.     Audit of food safety programs  
   42.     Withdrawal or suspension  

   PART 5--ENFORCEMENT AND LEGAL PROCEEDINGS

   43.     Authorised officers  
   44.     Certain records to be kept  
   45.     General powers of authorised officers  
   46.     Actions which an authorised officer may take  
   47.     Destruction of dairy food  
   48.     Seized or detained dairy food  
   49.     Procedure in respect of samples  
   50.     Offences with respect to authorised officers  
   51.     Defence to certain charge  
   52.     Particular defence not available  
   53.     Miscellaneous offences  
   54.     General penalty  
   55.     Persons who are liable for offences  
   55A.    Criminal liability of officers of bodies corporate—accessorial liability  
   55B.    Criminal liability of officers of bodies corporate—failure to exercise due diligence  
   55C.    Criminal liability of officers of bodies corporate—failure to exercise due diligence (legal burden of proof)  
   56.     Defence to charge  
   57.     Power of authorised officer to prosecute  
   58.     Service  
   59.     Evidentiary provisions  
   60.     Immunity  
   61.     Regulations  

   PART 6--MISCELLANEOUS AND TRANSITIONAL

   65.     Independent entity  
   66.     Repeal of licensing and quality assurance provisions of the Dairy Industry Act 1992  
   67.     Repeal of Dairy Industry Act 1992  
   68.     No duty or tax chargeable  
   71.     Validation of licences paid in instalments  
   72.     Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013  
           ENDNOTES