Dairy Adjustment Authority Regulations 2000 2000 No. 68
EXPLANATORY STATEMENT
STATUTORY RULES 2000, No. 68
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
Dairy Produce Act 1986
Dairy Adjustment Authority Regulations 2000
The Dairy Industry Adjustment Act 2000 amends the Dairy Produce Act 1986 (the Act) to provide for the Dairy Industry Adjustment Program and establishes the Dairy Adjustment Authority (DAA) to administer the Dairy Structural Adjustment Program (DSAP).
The main object of the Dairy Industry Adjustment Program is to assist the dairy industry adjust to deregulation by providing for two types of grants, one of which is the DSAP.
Section 126 of the Act provides that the Governor-General may make regulations necessary or convenient to be prescribed for the purposes of the Act. Clause 61 of Schedule 2 to the Act provides that the Regulations may prescribe the manner in which the DAA is to perform its functions and the procedure to be followed at or in relation to meetings of the DAA.
The purpose of the regulations is to prescribe the convening and frequency of meetings of the DAA, attendance at those meetings, members which constitute a quorum, the presiding member, voting, minutes and records and procedures of the DAA.
Details of the regulations are as follows:
Regulation 1 gives the name to the regulations as the Dairy Adjustment Authority Regulations 2000.
Regulation 2 prescribes that the regulations will commence on gazettal.
Regulation 3 provides definitions of terms used in the regulations.
Regulation 4 concerns the convening and frequency of meetings of the DAA. It prescribes that the DAA may hold as many meetings as the Chair considers necessary to perform its functions. The regulation prescribes that the DAA Chair must convene the meetings of the DAA by notice in writing to all of the DAA members. Such notice must contain details of the time and place of the meeting.
The regulation prescribes that if the DAA Chair receives notice in writing from the Minister, or, before the first DAA phase-down time (the Minister may phase-down the DAA by reducing the number of DAA members to ensure that its size is commensurate with its workload), at least two DAA members, asking the DAA Chair to convene a meeting, the DAA Chair must convene a meeting as soon as possible after receiving the request.
Regulation 5 prescribes the methods that DAA members may use to formally attend a meeting. DAA members may participate in person or by telephone.
Regulation 6 states that a quorum for a meeting of the DAA will be 3 DAA members prior to the first DAA phase-down time and 2 DAA members after the first DAA phasedown but before the second DAA phase-down.
Regulation 7 prescribes who shall be the Presiding member of the DAA at DAA meetings. The DAA Chair must preside at all meetings of the DAA at which he or she is present. If, prior to the first DAA phase-down, the DAA Chair is to be absent from a meeting, he or she may nominate a DAA member to preside. However, where the DAA Chair has not nominated anyone to preside, a majority of the DAA members present must elect a DAA member to preside at the meeting.
Regulation 8 prescribes that at a DAA meeting each DAA member present has a single vote. All DAA decisions are to be decided by a majority of the votes of the DAA members present and voting. If votes on a decision at a DAA meeting are equal, the presiding member will have the casting vote.
Regulation 9 states that the DAA must keep minutes of its meetings and records of resolutions passed at each meeting.
Regulation 10 allows that, where not otherwise provided for by the regulations, the DAA may determine its own procedure.
Overview
The Dairy Industry Adjustment Act 2000 was enacted to address the need for a structured program to assist the Australian dairy industry in adjusting to deregulation, which included the potential for significant economic and social impacts. This Act amends the Dairy Produce Act 1986 to establish the Dairy Industry Adjustment Program, with a particular focus on the Dairy Structural Adjustment Program (DSAP). The overarching objective of the Act is to facilitate a smooth transition for the industry by providing necessary grants and support mechanisms. The Dairy Adjustment Authority (DAA) is created under this Act to administer the DSAP, ensuring that the program is implemented effectively and efficiently.
The Dairy Adjustment Authority Regulations 2000, issued under the authority of the Minister for Agriculture, Fisheries and Forestry, further detail the operational framework for the DAA. These regulations prescribe the procedural aspects of the DAA’s functioning, including the convening and frequency of meetings, attendance requirements, quorum determinations, voting procedures, record-keeping, and overall meeting conduct. The regulations aim to ensure that the DAA operates in a transparent and accountable manner, facilitating effective decision-making and program administration.
Scope and Application
The Dairy Adjustment Authority Regulations 2000 apply to the Dairy Adjustment Authority (DAA) established under the Dairy Industry Adjustment Act 2000 to administer the Dairy Structural Adjustment Program (DSAP). These regulations detail the operational procedures of the DAA, including the convening and frequency of meetings, attendance requirements, quorum numbers, voting procedures, and record-keeping obligations. The regulations apply to the members of the DAA and any meetings or decisions made by the authority. The DAA's responsibilities and the procedures outlined in these regulations are applicable nationally, reflecting the Commonwealth's role in overseeing the structural adjustment within the dairy industry. The regulations do not specify exclusions or exemptions; however, they provide a framework for the DAA's operation, which can be further detailed or modified through subordinate instruments as necessary. These regulations ensure that the DAA can effectively carry out its functions under the Act.
Key Provisions
The Dairy Adjustment Authority Regulations 2000 (Regulations) set out the rules for the convening and conduct of meetings of the Dairy Adjustment Authority (DAA), which administers the Dairy Structural Adjustment Program under the Dairy Industry Adjustment Act 2000. Regulation 4 specifies that the DAA Chair may call meetings as often as necessary to fulfil the DAA's functions and must provide written notice to all DAA members detailing the time and location of each meeting (Regulation 4). The Chair must also convene a meeting if requested by the Minister or at least two DAA members, provided it is before the first phase-down period (Regulation 4). Members can attend these meetings in person or via telephone as per Regulation 5.
The Regulations establish the requirements for meeting attendance and quorum. Regulation 6 outlines that a quorum for a DAA meeting consists of three members before the first phase-down and two members after the first phase-down but before the second. Regulation 7 stipulates that the DAA Chair must preside over meetings, with a nominated member or an elected member serving as Presiding Member if the Chair is absent (Regulation 7). Regulation 8 further states that each DAA member present at a meeting has one vote, and decisions are made by a majority vote, with the Presiding Member casting a deciding vote in the case of a tie (Regulation 8).
The Regulations also outline the procedures for recording and resolving meetings. Regulation 9 requires the DAA to keep minutes of its meetings and records of resolutions passed, ensuring transparency and accountability (Regulation 9). Regulation 10 allows the DAA to determine its own procedures, except where the Regulations specify otherwise (Regulation 10).
The Regulations do not explicitly detail offences, penalties, or consequences for non-compliance. However, any breaches of the procedures and requirements outlined in the Regulations could potentially lead to civil or administrative penalties under the broader legislative framework of the Dairy Produce Act 1986 and the Dairy Industry Adjustment Act 2000. The specific penalties would depend on the nature and severity of the breach and would be determined in accordance with the relevant Acts and any other applicable laws.