Agriculture, Fisheries and Forestry Redundant Schemes (Revocation) Instrument 2011

Administered by Department of Agriculture

Legislation au F2011L01459 Not in force Legislative Instrument

Legislation content

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regulation initiatives that the Australian Government is advancing to relieve businesses of the costs of complying with outdated or unclear legislation.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).

Overview

The Agriculture, Fisheries and Forestry Redundant Schemes (Revocation) Instrument 2011 was enacted to address the issue of outdated and redundant legislation that no longer served a purpose. The problem it was introduced to address was the presence of several instruments under the Farm Household Support Act 1992 and the Dairy Produce Act 1986 that had ceased to be operational, including the Dairy Exit Program, Structural Adjustment Program, and Supplementary Dairy Assistance Schemes. The instrument was made under the authority of the Minister for Agriculture, Fisheries and Forestry as part of the Australian Government’s better regulation initiatives aimed at reducing the burden of outdated or unclear legislation on businesses. The policy objective of this revocation was to streamline and modernise the legislative framework by removing redundant instruments, thereby improving the efficiency and clarity of the law.

Scope and Application

The Agriculture, Fisheries and Forestry Redundant Schemes (Revocation) Instrument 2011 applies to the revocation of specific instruments that were previously administered by the Minister for Agriculture, Fisheries and Forestry under the Farm Household Support Act 1992 and the Dairy Produce Act 1986. The legislation pertains to the Dairy Exit Program Scheme, the Dairy Structural Adjustment Program Scheme, and the Supplementary Dairy Assistance Scheme, which have now ceased operation. This revocation is part of a broader initiative to streamline and modernise Australian legislation, thereby reducing the burden on businesses by eliminating outdated and unclear regulations. The revocation applies across the Commonwealth, impacting entities and individuals previously governed by the repealed instruments. Notably, the revocation does not extend or restrict application through subordinate instruments, and no specific exclusions, exemptions, or thresholds are outlined in the explanatory statement. The revocation instrument is a legislative instrument as defined by the Legislative Instruments Act 2003, and it was registered on the Federal Register of Legislative Instruments upon its commencement, which occurred on the day following its registration.

Key Provisions

The Agriculture, Fisheries and Forestry Redundant Schemes (Revocation) Instrument 2011 (sections 3, 4, and 5) revokes specific instruments related to the Dairy Exit Program Scheme 2000, the Dairy Structural Adjustment Program Scheme 2000, and the Supplementary Dairy Assistance Scheme 2001. These schemes, which were previously governed by the Farm Household Support Act 1992 and the Dairy Produce Act 1986, have been identified as redundant and are no longer in operation. The revocation aims to streamline legislation and reduce compliance costs for businesses. Specifically, the revocation affects seven instruments related to the Dairy Exit Program Scheme 2000, thirteen instruments for the Dairy Structural Adjustment Program Scheme 2000, and nine instruments for the Supplementary Dairy Assistance Scheme 2001. The Act imposes several obligations on the parties it governs, primarily ensuring that the now-repealed instruments are no longer in effect. This includes the requirement for all relevant parties to cease any activities or operations that were previously governed by the revoked schemes. Furthermore, any ongoing processes or applications that were initiated under these schemes must be concluded or otherwise managed in accordance with the current legal framework. In terms of legal consequences, there are no explicit offences or penalties associated with the revocation itself. However, any actions taken in reliance on the now-repealed instruments after the revocation date may not be legally recognised or enforceable. Parties who continue to operate under the assumption that these schemes are still in effect could face legal challenges or be subject to penalties under other relevant laws if their actions are deemed unlawful. The primary aim of the revocation is to ensure clarity and efficiency in the legislative framework, rather than to impose punitive measures on those who may have inadvertently relied on the now-defunct schemes.

Legal classification tags

Area of Law
Agriculture Law
Instrument
Instrument
Concepts
Repeal & Amendment
Delegated & Subordinate Legislation
Regulatory Standards

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.