Key requirements for milk supply agreements
The Dairy Code requires processors to only purchase milk under a milk supply agreement. All milk supply agreements must comply with the Code.
Small business
Application of the Dairy Code and exemptions
The Dairy Code of Conduct came into effect on 1 January 2020. All milk supply agreements created, varied or renewed after this date are subject to the code. The Code applies to dealings between a dairy farmer and any corporation that purchases milk directly from them, including supermarkets, milk brokers, and cooperatives (which have a limited exemption in relation to open-ended agreements). The Code may apply to collective bargaining arrangements in some circumstances.
APRA required to improve transparency of music licensing and royalties
Greater transparency about licence fees and royalties is a condition of the ACCC reauthorising the Australasian Performing Right Association’s (APRA) musical works licensing arrangements for a further four years.
APRA and its members, including composers, songwriters and publishers, hold performing rights for almost all commercially popular music played or performed in Australia, and earn royalties from those rights. In most cases, members assign these rights on an exclusive basis to APRA, which collects royalties by imposing licence fees on users of that music.
Energy rules framework consultation
In anticipation of the rollout of the Consumer Data Right in the energy sector, the ACCC has released an energy rules framework consultation paper.
Publishing obligations under the Dairy Code
The Dairy Code requires all processors (other than those that meet the Code’s definition of a 'small business entity') that intend to purchase milk during the next financial year to publish standard forms of milk supply agreements (MSAs) and reports on disputes on their website before 2 pm on 1 June (Australian Capital Territory time).
Electricity market misconduct
Part XICA of the Competition and Consumer Act applies to all electricity generators and to retailers that generate and supply electricity to small customers. Part XICA establishes three specific prohibitions targeting certain conduct in electricity markets. The prohibitions relate to retail pricing, financial contract market conduct and conduct in electricity spot markets.
Exclusive agreements under the Dairy Code
The Dairy Code of Conduct does not prohibit exclusive agreements. It does prohibit combining exclusivity with some obligations.