Dairy Exit Program Scheme Amendment 2001 (No. 1)

Overview

The Dairy Exit Program Scheme Amendment 2001 (No. 1) was enacted to address issues within the original Dairy Exit Program Scheme 2000. This legislative instrument was made by Warren Errol Truss, the Minister for Agriculture, Fisheries and Forestry, under subsection 52C (1) of the Farm Household Support Act 1992. It was designed to amend the original scheme to better align with the financial management practices and accountability requirements stipulated in the Financial Management and Accountability Act 1997. By making these amendments, the instrument aims to clarify the debt recovery process, ensuring that any amounts recovered are appropriately attributed to the Australian Dairy Corporation. This amendment streamlines the accountability and recovery processes within the scheme, providing a clear framework for handling debts related to the Dairy Exit Program.

Scope and Application

The Dairy Exit Program Scheme Amendment 2001 (No. 1) is a legislative instrument made under the Farm Household Support Act 1992 by Warren Errol Truss, the Minister for Agriculture, Fisheries and Forestry. This instrument modifies the Dairy Exit Program Scheme 2000 and is effective from the date of its gazette. The amendments introduced by this instrument primarily concern the recovery of debts related to the Australian Dairy Corporation. Specifically, the changes specify that any amount recovered by the Commonwealth on behalf of the Australian Dairy Corporation is considered a debt due to the Commonwealth, with references to relevant provisions of the Financial Management and Accountability Act 1997 for pursuing such debt recovery. The instrument applies to entities involved in the Dairy Exit Program, thereby affecting the conduct and transactions related to this scheme. The amendments do not specify a geographic or jurisdictional limitation, suggesting a national application across Australia. There are no stated exclusions or exemptions within the text, though it is likely that subordinate instruments may further define application details.

Key Provisions

The Dairy Exit Program Scheme Amendment 2001 (No. 1) modifies the existing Dairy Exit Program Scheme 2000 by introducing specific changes to how debts are treated and recovered. Under section 3, the amendment alters subsection 16F(2) to state that any amount recovered by the Commonwealth on behalf of the Australian Dairy Corporation is considered a debt due to the Commonwealth rather than the Corporation itself. This is a significant change in the liability for debts, ensuring that any recovery by the Commonwealth pertains directly to the Australian Dairy Corporation. Additionally, a note has been inserted after the examples in subsection 16F(2), clarifying that section 47 of the Financial Management and Accountability Act 1997 governs the recovery of such debts. The amendment further stipulates, through the insertion of subsection 16F(2A), that any amount recovered by the Commonwealth under subsection (2) is explicitly recognised as a debt due to the Australian Dairy Corporation. The obligations under the amended scheme require that any recovered amounts be appropriately accounted for and acknowledged as debts due to the relevant party, ensuring transparency and adherence to legislative mandates. The Australian Dairy Corporation must be informed of any recoveries made by the Commonwealth, and the Corporation must formally acknowledge these recoveries as debts. This amendment ensures that all parties involved in the debt recovery process are clear on their respective roles and responsibilities, maintaining the integrity of the financial management practices in place. Failure to comply with the provisions outlined in this amendment may lead to legal consequences. Although specific penalties are not detailed in the text, breaches of the obligations to properly account for and recognise debts could result in civil or administrative penalties under the broader legislative framework governing financial management and accountability. Additionally, non-compliance with the Financial Management and Accountability Act 1997 could attract further penalties, including fines and other sanctions, as outlined in the relevant sections of that Act. The consequences for non-compliance are intended to enforce adherence to the legislative requirements and ensure proper financial governance within the scheme.