Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 11)

Overview

The Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 11) was enacted in 2003 to address ongoing issues within the Australian dairy industry, specifically to provide necessary adjustments to the existing structural framework established under the Dairy Structural Adjustment Program Scheme 2000. The Minister for Agriculture, Fisheries and Forestry, Warren Truss, acting under the authority granted by clauses 10 and 35 of Schedule 2 of the Dairy Produce Act 1986, made these amendments to better align with legislative changes and industry developments. The primary policy objective behind this amendment is to ensure the continued support and adaptability of the dairy industry amidst evolving market conditions and legal landscapes. This amendment follows previous adjustments made to the original scheme, reflecting a commitment to the sector's stability and growth through ongoing legislative refinement.

Scope and Application

The Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 11) is a legislative instrument formulated under the Dairy Produce Act 1986, aimed at varying the Dairy Structural Adjustment Program Scheme 2000. This amendment applies to industry services bodies within the dairy industry, which is governed under Commonwealth law. The variations outlined in this instrument update and refine the existing scheme, ensuring compliance with current legislative standards, particularly by replacing references to the outdated Corporations Law with the Corporations Act 2001. These amendments are intended to ensure that the structural adjustment program remains effective and relevant, thereby supporting the ongoing stability and development of the dairy industry in Australia. The variations commence on the date specified in the Dairy Industry Service Reform Act 2003, highlighting the interconnected nature of these legislative efforts within the agricultural sector.

Key Provisions

The Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 11) (sections 2 to 4) modifies the existing Dairy Structural Adjustment Program Scheme 2000. This amendment, effective from the date specified in the Dairy Industry Service Reform Act 2003, introduces changes that are detailed in Schedule 1. One of the key changes is the addition of the term "industry services body" in section 3, note. Furthermore, it replaces references to the "Corporations Law" with the "Corporations Act 2001" in subparagraph 33(1)(a)(iii), and substitutes "industry services body" for "Corporation" in subsections 42(1) and (2) and 43(1) and (2). These variations are intended to update the regulatory framework to reflect the current legal environment and to ensure that the program operates within the updated legislative context. The amendment imposes certain obligations on the parties or entities governed by the Dairy Structural Adjustment Program Scheme 2000. Primarily, these obligations include compliance with the updated references to the "Corporations Act 2001" and the recognition of the "industry services body" as a key entity in the program. Parties must ensure that all actions and submissions are aligned with the new legislative references and that they acknowledge the role of the industry services body in the implementation and oversight of the scheme. This necessitates a review of existing practices and documentation to ensure they are consistent with the amended provisions. Failure to comply with the requirements set out in the Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 11) may result in various consequences. While the specific penalties are not detailed in the text provided, breaches of legislative instruments typically attract penalties as prescribed under the relevant primary legislation. In this case, non-compliance with the Dairy Structural Adjustment Program Scheme 2000 could result in administrative, civil, or criminal penalties, depending on the nature and severity of the breach. These penalties might include fines, corrective actions, or other measures to ensure adherence to the amended scheme.