Dairy Structural Adjustment Program Scheme 2000 Variation (No. 12)

Overview

The Dairy Structural Adjustment Program Scheme 2000 Variation (No. 12) was enacted in 2004 by the Minister for Agriculture, Fisheries and Forestry, Warren Truss, under the authority granted by clauses 10 and 35 of Schedule 2 of the Dairy Produce Act 1986. This legislative instrument was introduced to amend the original Dairy Structural Adjustment Program Scheme 2000, primarily to address changes in the dairy industry, including the cessation of certain payments and the need to update timeframes and application processes. The variations made by this instrument aim to streamline the program by removing outdated references to dairy exit payments and adjusting the dates and conditions related to dairy-type grants. This legislation seeks to ensure the program remains effective and relevant to the current needs of the dairy industry. The Dairy Structural Adjustment Program Scheme 2000 Variation (No. 12) was formulated to provide flexibility and responsiveness to the changing requirements of the Australian dairy sector. By varying specific aspects of the original scheme, the legislation aims to maintain the program's viability and support the ongoing adjustment and restructuring within the industry. The Minister's authority to make these variations is grounded in the need to adapt to industry changes while ensuring the integrity and effectiveness of the program.

Scope and Application

The Dairy Structural Adjustment Program Scheme 2000 Variation (No. 12) is a legislative instrument enacted by the Minister for Agriculture, Fisheries and Forestry, acting under the authority provided by the Dairy Produce Act 1986. This variation applies to entities involved in the dairy industry who are subject to the provisions of the original Dairy Structural Adjustment Program Scheme 2000. The instrument modifies specific sections of the original scheme to adjust the eligibility criteria, application procedures, and timeframes for dairy-type grants, effectively phasing out the dairy exit payment. The variations outlined in this instrument apply nationally across Australia and come into effect upon gazettal. The legislative instrument does not specify any exclusions or exemptions from its application, but it does clarify and update certain provisions to streamline the program. The act's reach is federal, administered by the Commonwealth government, and the variations are subject to further adjustments through subordinate instruments as needed.

Key Provisions

The Dairy Structural Adjustment Program Scheme 2000 Variation (No. 12) (F2006B01558) modifies the original Dairy Structural Adjustment Program Scheme 2000, which was formulated under the Dairy Produce Act 1986. The main operative sections of this legislation focus on altering specific provisions related to dairy exit payments and related grants. For instance, Section [1] of Schedule 1 removes references to the "DEP scheme" and Section [2] omits references to "a dairy exit payment" in Paragraph 46 (1) (b) and Subsection 46 (2). Additionally, Section [5] removes Paragraph 46 (3) (d) entirely, while Section [6] modifies the dates in Paragraph 46 (3) (e) from "1 April 2005 – 1 April 2005" to "30 September 2008 – 30 September 2008". The obligations imposed by this Act primarily pertain to entities involved in the dairy industry, specifically those who may have previously applied for or were pursuing dairy exit payments or dairy-type grants. These entities are now required to follow the updated provisions as outlined in the variations, particularly in terms of the timeframes and conditions under which they can apply for or pursue dairy-type grants. For example, Section [7] of Schedule 1 modifies the conditions under which an entity's application or claim for a dairy-type grant can be rejected or withdrawn, and Section [9] adjusts the relevant dates for these actions. In terms of consequences for non-compliance, the legislation does not explicitly outline specific offences or penalties within the provided text. However, given the nature of legislative variations, any failure to adhere to the updated provisions could potentially result in legal ramifications. This might include administrative penalties or other consequences as determined by relevant authorities under the overarching Dairy Produce Act 1986. The absence of explicit penalties in this variation suggests that the primary intent is to ensure compliance through updated procedural requirements rather than punitive measures.