Dairy processor Saputo Dairy Australia will review and improve its internal processes after it was found it was in breach of the mandatory dairy code of conduct by failing to publish its milk supply agreements on time.
According to the ACCC, Saputo published the milk supply agreements it intended to offer for the 2020-21 milk season at about 3pm on June 1, which allegedly failed to meet the due deadline of 2pm on the same day.
The ACCC said it investigated the events surrounding Saputo's failure to publish by the deadline set by the code, and obtained evidence that the delay was caused by a very late technical failure, which Saputo took immediate steps to correct.
"Saputo has undertaken to examine its internal processes, review the factors that contributed to the breach and make any necessary changes to ensure it meets the publishing requirements of the dairy code in future," the ACCC said in a statement.
"While the ACCC accepts that this alleged breach was inadvertent, all dairy processors are expected to comply with the code and should ensure they have proper processes in place, as well as legal and technical support, to enable them to meet their publishing requirements.
"The ACCC takes dairy code compliance very seriously. Non-compliance with the dairy code may result in the ACCC taking enforcement action, including court proceedings seeking a financial penalty."
A spokeswoman for Saputo Dairy Australia said: "Our Milk Supply Agreements were published before 2pm on 1 June, however technical difficulties resulted in the files only being publicly visible via a direct link.
"An email went out to SDA suppliers at 2pm detailing our 2020/21 opening minimum milk prices. The website visibility issue was remedied before 3pm on 1 June.
"SDA takes its obligations under the Code seriously and is committed to continue fulfilling all code requirements."
More information including guidance for farmers and processors can be found at dairy code of conduct.
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