The Dairy Industry Act 1952 is repealed.

The following regulations are revoked:

The following regulations continue in force as if they were a regulated control scheme made by regulations under the Animal Products Act 1999, and as amended in the manner set out in Schedule 6:

Any criteria set out in circulars promulgated under regulation 17 of the Dairy Industry (IMA Certification) Regulations 2000—

All product safety programmes that, immediately before the commencement of the Animal Products Amendment Act 2005, held the status of being approved by the Director-General under the Dairy Industry Regulations 1990 are deemed to be risk management programmes, on the same terms of approval, registered under Part 2 of the Animal Products Act 1999.

The operator of any such programme must, by 1 December 2005, notify the Director-General of the particulars specified in section 19 of the Animal Products Act 1999 in relation to risk management programmes, and the Director-General must record those particulars on the register of risk management programmes.

Where a completed application for approval of a product safety programme under the Dairy Industry Regulations 1990 has been lodged with the Director-General before the commencement of the Animal Products Amendment Act 2005,—

If an application for approval of a product safety programme to which subsection (3) applies, is seriously deficient, or any delay in the programme’s registration is primarily attributable to any act or omission of the person submitting it,—

Any conditions or directions or instructions imposed or given under the Dairy Industry Act 1952 in relation to registered premises or to a product safety programme or its operator continue to apply as if imposed or given in relation to the premises or the programme or its operator under the Animal Products Act 1999.

Nothing in the Animal Products Act 1999 requires a person or business to operate under a registered risk management programme (or, if appropriate, a food safety programme under the Food Act regime) at any time before 1 June 2006 in respect of dairy processing operations of a kind that, immediately before the commencement of the Animal Products Amendment Act 2005, they carried out otherwise than under a product safety programme approved by the Director-General under the Dairy Industry Regulations 1990 (in this section called the relevant operations).

In the case of relevant operations carried out on premises registered under the Dairy Industry Regulations 1990, the person or business concerned must, until the close of 31 May 2006 (or until any earlier date on which a risk management programme is registered or a food safety programme is approved in respect of those operations), comply with the requirements of—

In the case of relevant operations that were not carried out on premises registered under the Dairy Industry Regulations 1990, and that produce dairy product for the domestic market only (or the domestic market and Australia only), the person or business concerned must comply with the requirements of the Food Hygiene Regulations 1974 (as in force before their amendment by section 11 of the Animal Products (Ancillary and Transitional Provisions) Amendment Act 2005) until the earlier of—

To avoid doubt,—

Without limiting the generality of section 84 of this Act, regulations made under section 166 of the Animal Products Act 1999 may provide that, during the transition period provided for in this section, specified provisions of the Dairy Industry Act 1952 and the Dairy Industry Regulations 1990—

Where a person or business to which section 79 applies has applied for registration of a risk management programme at least 3 months before 1 June 2006, the Director-General must take all reasonable steps to ensure that registration of the programme can occur before that date, provided the programme was properly submitted in a reasonable form.

Nothing in subsection (1) requires the Director-General to register a risk management programme before 1 June 2006 in any case where—

All persons who, immediately before the commencement of the Animal Products Amendment Act 2005, were registered as exporters under the Dairy Industry (Exporter Registration) Regulations 2002 are deemed from the commencement of that Act (unless deregistered) to be registered as exporters under section 55 of the Animal Products Act 1999.

Nothing in the Animal Products Act 1999 requires any business that produces animal feeds for sale or export from dairy material to carry out its animal feed operations under a registered risk management programme at any time before 1 June 2006, except as provided in subsection (2).

If the export of any animal feed from dairy material requires an official assurance, however, the official assurance may be given only if the relevant operations were carried out under a registered risk management programme.

For the purposes of the Animal Products Act 1999 and this Act, any dairy material or product produced under and in compliance with the legislation referred to in sections 75 to 77, or under and in compliance with this Part of this Act, is to be treated as equivalent to animal product, at the comparable stage of processing, produced under and in compliance with Parts 2 to 4 of the Animal Products Act 1999.

Without limiting the generality of section 166 of the Animal Products Act 1999, regulations under that section may prescribe transitional and savings provisions relating to the coming into force of the Animal Products Amendment Act 2005 and to transitional matters during the period ending with 31 May 2006.