EXPLANATORY STATEMENT
Farm Household Support Act 1992
Dairy Produce Act 1986
Agriculture, Fisheries and Forestry Redundant Schemes (Revocation) Instrument 2011
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Background
In 2008, the Australian Department of Finance and Deregulation, in cooperation with other Australian government agencies, identified redundant Commonwealth instruments. These include several instruments administered by the Minister for Agriculture, Fisheries and Forestry Economy that provide for Schemes which were made under the Farm Household Support Act 1992 or the Dairy Produce Act 1986. These Schemes have now ceased.
This revocation is part of a range of better regulation initiatives that the Australian Government is advancing to relieve businesses of the costs of complying with outdated or unclear legislation.
The instruments that this instrument revokes are detailed below.
Instruments providing for the Dairy Exit Program, Structural Adjustment Program, and Supplementary Dairy Assistance Schemes
All of the following twenty-nine instruments are now redundant because the Dairy Exit Program Scheme, the Dairy Structural Adjustment Program Scheme, and the Supplementary Dairy Assistance Scheme, have ceased operation:
- the Dairy Exit Program Scheme 2000, and the six instruments amending the Dairy Exit Program Scheme 2000, made under subsection 52C(1) of the Farm Household Support Act 1992.
- the Dairy Structural Adjustment Program Scheme 2000, the eleven instruments amending the Dairy Structural Adjustment Program Scheme 2000, and the one instrument varying the Dairy Structural Adjustment Program Scheme 2000, made under item 10 of Schedule 2 of the Dairy Produce Act 1986, made effective by section 125A of the Dairy Produce Act 1986.
- the Supplementary Dairy Assistance Scheme 2001 and the eight instruments varying the Supplementary Dairy Assistance Scheme 2001, made under item 37B of Schedule 2 of the Dairy Produce Act 1986, made effective by section 125A of the Dairy Produce Act 1986.
The title of each of the amendment and variation instruments is stated in full under the Notes On Clauses on page 2 of this Explanatory Statement.
Authority
This instrument of revocation is made in accordance with subsection 33(3) of the Acts Interpretation Act 1901. Subsection 33(3) states that where an Act confers a power to make, grant or issue any instrument the power shall, unless the contrary intention appears, be construed as including a power exercisable and subject to the like conditions, if any, in the like manner to repeal, rescind, revoke, amend, or vary any such instrument.
The respective provisions of the Farm Household Support Act 1992 and Dairy Produce Act 1986 that confer the powers on the Minister to make those instruments that this instrument revokes are detailed above. None of these provisions subject the Minister’s exercise of power to any conditions.
Consultation
The maker of this revocation instrument regarded it as unnecessary and inappropriate to conduct consultations about it, as per subsection 18(2)(a) of the Legislative Instruments Act 2003. Subsection 18(2)(a) provides that the maker of instruments may be satisfied that consultation on it is inappropriate or unnecessary, if it is making a change of a minor or machinery nature that does not substantially alter existing arrangements. This revocation instrument is removing redundant instruments from the Commonwealth statute book. It is, therefore, making a change of the kind envisaged by subsection 18(2)(a).
Federal Register of Legislative Instruments
This revocation instrument is a legislative instrument as defined by section 5 of the Legislative Instruments Act 2003. Section 24 of that Act requires all legislative instruments to be lodged for registration, and registered, on the Federal Register of Legislative Instruments.
Notes on clauses
Clause 1 – Name of instrument
Clause 1 provides that the name of the instrument is Agriculture, Fisheries and Forestry Redundant Schemes (Revocation) Instrument 2011.
Clause 2 - Commencement
Clause 2 provides that this revocation instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
Clause 3 – Dairy Exit Program Scheme 2000 – revocation
Clause 3 provides for the revocation of seven particular instruments regarding the Dairy Exit Program Scheme 2000 made under subsection 52C(1) of the Farm Household Support Act 1992. These instruments are the:
- Dairy Exit Program Scheme 2000
- Dairy Exit Program Scheme Amendment 2000 (No. 1)
- Dairy Exit Program Scheme Amendment 2000 (No. 2)
- Dairy Exit Program Scheme Amendment 2000 (No. 3)
- Dairy Exit Program Scheme Amendment 2001 (No. 1)
- Dairy Exit Program Scheme Amendment 2001 (No. 2)
- Dairy Exit Program Scheme Amendment 2003 (No. 1).
Clause 4 – Dairy Structural Adjustment Program Scheme 2000 – revocation
Clause 4 provides for the revocation of thirteen particular instruments regarding the Dairy Structural Adjustment Program Scheme 2000 made under section 10 of the Dairy Produce Act 1986. These instruments are the:
- Dairy Structural Adjustment Program Scheme 2000
- Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 1)
- Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 2)
- Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 3)
- Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 4)
- Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 5)
- Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 6)
- Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 7)
- Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 8)
- Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 9)
- Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 10)
- Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 11)
- Dairy Structural Adjustment Program Scheme 2000 Variation (No. 12).
Clause 5 – Supplementary Dairy Assistance Scheme 2001 – revocation
Clause 5 provides for the revocation of nine instruments regarding the Supplementary Dairy Assistance Scheme 2001 made under section 37B of the Dairy Produce Act 1986. These instruments are the:
- Supplementary Dairy Assistance Scheme 2001
- Supplementary Dairy Assistance Scheme 2001 Variation (No. 1)
- Supplementary Dairy Assistance Scheme 2001 Variation (No. 2)
- Supplementary Dairy Assistance Scheme 2001 Variation (No. 3)
- Supplementary Dairy Assistance Scheme 2001 Variation (No. 4)
- Supplementary Dairy Assistance Scheme 2001 Variation (No. 5)
- Supplementary Dairy Assistance Scheme 2001 Variation (No. 6)
- Supplementary Dairy Assistance Scheme 2001 Variation (No. 7)
- Supplementary Dairy Assistance Scheme 2001 Variation (No. 8).