Dairy Exit Program Scheme Amendment 2003 (No. 1)

Overview

The Dairy Exit Program Scheme Amendment 2003 (No. 1) was introduced by the Australian Government through the Minister for Agriculture, Fisheries and Forestry, Warren Truss, under the authority granted by section 52C of the Farm Household Support Act 1992. This legislative instrument aims to amend the existing Dairy Exit Program Scheme 2000, responding to the need for structural adjustments within the Australian dairy industry. By updating the scheme, the amendment seeks to ensure that the program aligns with the new governance structure established under the Dairy Industry Service Reform Act 2003, transferring responsibilities from the Australian Dairy Corporation to the industry services body. This change facilitates a more efficient and effective administration of the Dairy Structural Adjustment Fund, addressing the transition challenges faced by dairy farmers as the industry evolves.

Scope and Application

The Dairy Exit Program Scheme Amendment 2003 (No. 1) amends the existing Dairy Exit Program Scheme 2000, which pertains to the dairy industry within Australia. This legislation applies to entities and persons involved in the dairy industry, including those who are parties to transactions or conduct regulated under the scheme. It specifically targets those who are subject to the administration of the Dairy Structural Adjustment Fund, which is now to be handled by the industry services body as defined in the Dairy Produce Act 1986. The amendment replaces references to the Australian Dairy Corporation with the industry services body, thereby altering the obligations and responsibilities of those involved in the dairy industry regarding debts and fund administration. The geographic reach of this Act is national, as it is a Commonwealth instrument. The amendments outlined in this legislation are effective from the commencement date specified in the Dairy Industry Service Reform Act 2003, ensuring that changes are applied uniformly across the industry.

Key Provisions

The Dairy Exit Program Scheme Amendment 2003 (No. 1) amends the existing Dairy Exit Program Scheme 2000, introducing several modifications. Firstly, it introduces the concept of an "industry services body" as defined in the Dairy Produce Act 1986 (section 3). This means that any references to the Australian Dairy Corporation within the Scheme are replaced with references to the industry services body, altering the party responsible for certain debts and administrative functions. For example, paragraph 9(o) and 9(p) now refer to the industry services body as the entity to which debts are owed (sections 2 and 3). Additionally, subsection 16F(2A) and subsection 17(1)(b) now require the submission of information to the industry services body instead of the Australian Dairy Corporation (sections 4 and 5). Under this legislation, the obligations imposed on the parties involved are primarily centred around the shift in administrative and debt management responsibilities from the Australian Dairy Corporation to the industry services body. This means that any party previously responsible for dealing with the Australian Dairy Corporation must now direct their efforts and submissions to the industry services body. This change affects how debts are managed and how information is reported and submitted, ensuring that all activities align with the new structure and entities defined within the amended Scheme. In terms of consequences for non-compliance, the legislation does not explicitly detail penalties or specific legal repercussions for breaches. However, non-compliance with the new requirements could lead to administrative or financial issues, as any debts or obligations not properly managed or reported to the industry services body could result in default or legal disputes. It is essential for parties involved to adhere to the amended provisions to avoid potential complications in their dealings under the Dairy Exit Program Scheme.