Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 10)

Administered by Department of Agriculture

Legislation au F2006B01551 Not in force Legislative Instrument

Legislation content

Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 10)1

I, WARREN TRUSS, Minister for Agriculture, Fisheries and Forestry, acting under clauses 10 and 35 of Schedule 2 of the Dairy Produce Act 1986, vary the Dairy Structural Adjustment Scheme 2000 formulated under the Dairy Produce Act 1986 as follows.

Dated                            17th October 2002

                           WARREN TRUSS

 

Minister for Agriculture, Fisheries and Forestry

 

Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 10)

1. Citation

This instrument is the Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 10).

2. Commencement

The variations made by this instrument commence on gazettal.

3. Variations of the Dairy Structural Adjustment Program Scheme 2000

The Dairy Structural Adjustment Program Scheme 2000 is varied as set out in Schedule 1.

 

 

Schedule 1 Variations of the Dairy Structural Adjustment Program Scheme 2000

 

[1] Section 3, paragraph (a) of the definition of support or adjustment payment

Omit “Restart Re-establishment Grant Scheme 1997”, substitute “Farm Help Re-establishment Grant Scheme 1997”.

[2] Section 3, note

Add:

  • dairy-type grant (Act).

[3] Subparagraph 33 (1) (a) (vi)

Add at the end “or a dairy-type grant”.

[4] Paragraph 38 (1) (b)

Omit the paragraph, substitute:

(b) a decision is made:

(i)  under the DEP scheme that the entity is qualified for a dairy exit payment in relation to the enterprise; or

(ii)  under the farm help re-establishment grant scheme (within the meaning of the Farm Household Support Act 1992) that the entity is qualified for a dairy-type grant; and

[5] Paragraph 46 (1) (b)

Omit paragraph (b), substitute:

(b) the entity has applied for a dairy exit payment or a dairy-type grant.

[6] Subsection 46 (2)

Omit “a dairy exit payment”, substitute “the dairy exit payment or the dairy-type grant”.

[7] Paragraphs 46 (3) (a), (b) and (c)

Omit “dairy exit payment” (wherever appearing), substitute “dairy exit payment or dairy-type grant”.

[8] Paragraphs 46 (3) (d)

Omit the paragraph, substitute:

(d) if the notice related to an application for a dairy exit               payment and the entity does not lodge a claim for a dairy               exit payment before 1 October 2003 – 1 October 2003; or

(e) if the notice related to an application for a dairy-type grant               and the entity does not lodge a claim for a dairy-type grant               before 1 December 2004 – 1 December 2004.

[9] Subsection 46 (5)

Omit all words to and including “pursuing the dairy exit payment”, substitute: “If the entity’s application for a dairy exit payment or a dairy-type grant, or claim for the payment or grant, is rejected, or the entity tells the DAA, in writing, that it is no longer pursuing the dairy exit payment or dairy-type grant”.

[10] After subsection 46 (6)

Insert:

(7) If paragraph (3) (e) applies:

(a) the DSAP payments that have been withheld are due to be paid to the entity before the end of the 10th business day after 1 April 2005; and

(b) DSAP payments that become payable to the entity after 1 April 2005 are payable in accordance with section 44.

Note

1.  This instrument varies the Dairy Structural Adjustment Program Scheme 2000, formulated by the Minister for Agriculture, Fisheries and Forestry and notified in the Commonwealth of Australia Gazette on 14 April 2000; varied by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 1) notified in the Commonwealth of Australia Gazette on 8 June 2000, by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 2) notified in the Commonwealth of Australia Gazette on 9 August 2000, by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 3) notified in the Commonwealth of Australia Gazette on 17 August 2000, by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 4) notified in the Commonwealth of Australia Gazette on 12 September 2000, by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 5) notified in the Commonwealth of Australia Gazette on 8 December 2000, by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 6) notified in the Commonwealth of Australia Gazette on 19 February 2001, by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 7) notified in the Commonwealth of Australia Gazette on 18 May 2001 and by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 8) notified in the Commonwealth of Australia Gazette on 14 August 2001 and by Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 9) notified in the Commonwealth of Australia Gazette on 6 June 2002.

2. Made by the Minister for Agriculture, Fisheries and Forestry on       October 2002 and notified in the Commonwealth of Australia Gazette on               October 2002.

 

Overview

The Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 10), enacted in 2002, was introduced to address and amend the existing Dairy Structural Adjustment Program Scheme 2000 under the Dairy Produce Act 1986. The amendment was enacted by 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. The primary objective of this amendment was to adjust the definitions, references, and specific provisions within the original scheme to align with updated policy and legislative changes, particularly in relation to the types of grants and payments available to dairy entities. This amendment ensures that the program remains relevant and effective in supporting the dairy industry during a period of structural adjustment.

Scope and Application

The Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 10) primarily applies to entities within the dairy industry, specifically those who are eligible for, or have applied for, a dairy exit payment or a dairy-type grant under the relevant legislative framework. This amendment affects entities that have previously been involved in the Dairy Structural Adjustment Program, as it modifies the terms and conditions under which such payments are made. The amendment operates on a Commonwealth level, as it is formulated under the authority of the Dairy Produce Act 1986, and is binding throughout Australia. This legislative instrument does not explicitly outline exclusions or exemptions but focuses on updating the terminology and procedural aspects related to the payments. The application and scope of the amendment can be further extended or restricted through additional subordinate instruments, although the primary focus here is on clarifying and updating the existing scheme.

Key Provisions

The Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 10) modifies the existing Dairy Structural Adjustment Program Scheme 2000 by making several key changes. Firstly, it updates the definition of support or adjustment payments by replacing references to the "Restart Re-establishment Grant Scheme 1997" with "Farm Help Re-establishment Grant Scheme 1997" (section 3, paragraph (a)). Additionally, it introduces the concept of a "dairy-type grant" into the definition (section 3, note). These changes are aimed at aligning the scheme more closely with current legislative terminology and grant schemes (section 3, subparagraph 33 (1) (a) (vi)). The amendment also updates the criteria for receiving a support or adjustment payment, now specifying that a decision must be made under the Dairy Exit Payment (DEP) scheme or the Farm Help Re-establishment Grant Scheme regarding qualification for either a dairy exit payment or a dairy-type grant (section 38 (1) (b)). In terms of obligations, the Dairy Structural Adjustment Program Scheme 2000 Amendment (No. 10) requires entities to apply for either a dairy exit payment or a dairy-type grant to be eligible for support or adjustment payments (section 46 (1) (b)). It also mandates that if an application for such payments is rejected or if an entity withdraws its claim, DSAP payments withheld are to be paid within ten business days following 1 April 2005 (section 46 (5)). Moreover, any DSAP payments that become payable after 1 April 2005 must adhere to the payment procedures outlined in section 44 (section 46 (7)). The amendment does not explicitly outline specific offences or penalties for breach within its text. However, breaches of the Dairy Structural Adjustment Program Scheme 2000 or its amendments could potentially lead to civil or administrative penalties under the overarching Dairy Produce Act 1986, depending on the nature and severity of the breach. These penalties could include fines, repayment of improperly received payments, or other corrective actions deemed appropriate by the relevant authorities.

Legal classification tags

Area of Law
Agriculture & Agribusiness
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Transitional Provisions
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.