Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 10) (Cth)

Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 10)¹

I, WARREN TRUSS, Minister for Agriculture, Fisheries and Forestry, acting under clauses 10 and 35 of Schedule 2 of the Dairy Produce Act 1986, vary the Dairy Structural Adjustment Scheme 2000 formulated under the Dairy Produce Act 1986 as follows.

Dated   17^th October 2002

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 10)

1.             Citation

This instrument is the Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 10).

2.             Commencement

The variations made by this instrument commence on gazettal.

3.             Variations of the Dairy Structural Adjustment Program Scheme 2000

The Dairy Structural Adjustment Program Scheme 2000 is varied as set out in Schedule 1.

Schedule 1        Variations of the Dairy Structural Adjustment Program Scheme 2000

[1]           Section 3, paragraph (a) of the definition of support or adjustment payment

Omit “Restart Re-establishment Grant Scheme 1997”, substitute “Farm Help Re-establishment Grant Scheme 1997”.

[2]           Section 3, note

Add:

·dairy-type grant (Act).

[3]           Subparagraph 33 (1) (a) (vi)

Add at the end “or a dairy-type grant”.

[4]           Paragraph 38 (1) (b)

Omit the paragraph, substitute:

(b)   a decision is made:

(i)      under the DEP scheme that the entity is qualified for a dairy exit payment in relation to the enterprise; or

(ii)      under the farm help re-establishment grant scheme (within the meaning of the Farm Household Support Act 1992) that the entity is qualified for a dairy-type grant; and

[5]           Paragraph 46 (1) (b)

Omit paragraph (b), substitute:

(b)   the entity has applied for a dairy exit payment or a dairy-type grant.

[6]           Subsection 46 (2)

Omit “a dairy exit payment”, substitute “the dairy exit payment or the dairy-type grant”.

[7]           Paragraphs 46 (3) (a), (b) and (c)

Omit “dairy exit payment” (wherever appearing), substitute “dairy exit payment or dairy-type grant”.

[8]           Paragraphs 46 (3) (d)

Omit the paragraph, substitute:

(d)   if the notice related to an application for a dairy exit       payment and the entity does not lodge a claim for a dairy             exit payment before 1 October 2003 – 1 October 2003; or

(e)   if the notice related to an application for a dairy-type grant         and the entity does not lodge a claim for a dairy-type grant        before 1 December 2004 – 1 December 2004.

[9]           Subsection 46 (5)

Omit all words to and including “pursuing the dairy exit payment”, substitute: “If the entity’s application for a dairy exit payment or a dairy-type grant, or claim for the payment or grant, is rejected, or the entity tells the DAA, in writing, that it is no longer pursuing the dairy exit payment or dairy-type grant”.

[10]         After subsection 46 (6)

Insert:

(7)     If paragraph (3) (e) applies:

(a)   the DSAP payments that have been withheld are due to be paid to the entity before the end of the 10^th business day after 1 April 2005; and

(b)   DSAP payments that become payable to the entity after 1 April 2005 are payable in accordance with section 44.

Note

1.             This instrument varies the Dairy Structural Adjustment Program Scheme 2000, formulated by the Minister for Agriculture, Fisheries and Forestry and notified in the Commonwealth of Australia Gazette on 14 April 2000; varied by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 1) notified in the Commonwealth of Australia Gazette on 8 June 2000, by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 2) notified in the Commonwealth of Australia Gazette on 9 August 2000, by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 3) notified in the Commonwealth of Australia Gazette on 17 August 2000, by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 4) notified in the Commonwealth of Australia Gazette on 12 September 2000, by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 5) notified in the Commonwealth of Australia Gazette on 8 December 2000, by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 6) notified in the Commonwealth of Australia Gazette on 19 February 2001, by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 7) notified in the Commonwealth of Australia Gazette on 18 May 2001 and by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 8) notified in the Commonwealth of Australia Gazette on 14 August 2001 and by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 9) notified in the Commonwealth of Australia Gazette on 6 June 2002.

2.             Made by the Minister for Agriculture, Fisheries and Forestry on       October 2002 and notified in the Commonwealth of Australia Gazette on             October 2002.