Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 2)

Administered by Department of Agriculture

Legislation au F2006B01495 Not in force Legislative Instrument

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I, WARREN TRUSS, Minister for Agriculture, Fisheries and Forestry, amend the Dairy Structural Adjustment Program Scheme 2000 under the Dairy Produce Act 1986, as follows.

Dated. 6th August 2000

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 2)

1. Citation

This instrument is the Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 2).

2. Commencement

The amendments made by this instrument commence on gazettal.

3. Amendments of the Dairy Structural Adjustment Program Scheme 2000

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

Schedule 1 Amendments of the Dairy Structural Adjustment Program Scheme 2000

Part 1—Amendments to do with annualised value of leases

[1.1] Subsection 24 (6), paragraph (a) of the definition of “derived milk revenue share”

Omit “unless paragraph (b) applies”, substitute “unless paragraph (aa) or (b) applies”.

[1.2] Subsection 24 (6), definition of “derived milk revenue share”

Insert after paragraph (a):

(aa) if the dairy farm enterprise did not come into existence until after the start of the base year and unless paragraph (b) applies:

(i) for a lessor—the proportion of the milk revenue of the enterprise for the base year represented by the value of the lease attributable to that part of the base year applicable to the lease at 6.30 pm on 28 September 1999; or

(ii) for a lessee—the proportion of the milk revenue of the enterprise for the base year represented by the total milk revenue of the enterprise for the base year less the value of the lease attributable to that part of the base year applicable to the lease at 6.30 pm on 28 September 1999;

[1.3] Subsection 24 (6), definition of “derived milk revenue share”, paragraph (b)

Omit “the annualised value of the lease”, substitute “the annualised value of the lease (see paragraph (a) ) or the value of the lease attributable to that part of the base year (see paragraph (aa))”.

[1.4] At the end of section 24

Add:

(7) If the proportion of the milk revenue of a dairy farm enterprise worked out as mentioned in subparagraph (aa) (i) of the definition of “derived milk revenue share” in subsection (6) (the proportion allocated to the lessor) is more than 1, it is taken to be 1.

Part 2—Amendments to do with quota issues

[2.1] Subsections 22 (4) and (5)

Omit the subsections, substitute:

(4) The face value of the payment rights of the entities who are parties to the sharefarming arrangement is worked out next by allocating:

(a) the premium component of the overall enterprise amount as follows:

(i) each party to the sharefarming arrangement who provided an essential capital contribution is allocated the proportion of the premium component that is equal to the proportion of the milk revenue of the enterprise to which the party was entitled at 6.30 pm on 28 September 1999; and

(ii) so much of the premium component as is not allocated under subparagraph (i) (if any) is allocated to the lessor; and

(b) the non-premium component of the overall enterprise amount among all the entities who are parties to the eligible dairy sharefarming arrangement in the same proportions as the shares of the milk revenue of the enterprise to which each entity was entitled at 6.30 pm on 28 September 1999.

(5) The references in subsection (4) to the overall enterprise amount are references to the overall enterprise amount less the component allocated under subsection (2) to the lessor.

[2.2] Subsection 24 (4)

Omit the subsection, substitute:

(4) If quota was not required for the delivery of market milk by the enterprise in the base year, the premium component of the overall enterprise amount that relates to market milk delivered otherwise than against a quota is allocated to the entities who provided an essential capital contribution for the enterprise in the same proportions as the derived milk revenue shares of the entities.

Part 3—Amendments to do with anomalous circumstances payment rights

[3.1] Subsection 26 (2)

Omit the subsection, substitute:

(2) The amount is the amount that would have been the face value of the entity's standard payment right in respect of the enterprise or enterprises if the enterprise or enterprises in which the entity held an eligible interest at 6.30 pm on 28 September 1999 had delivered during the base year the milk that was actually delivered by the enterprise, or the enterprises, in which the entity held an eligible interest during the base year or part of the base year.

Part 4—Amendments to do with approved forms

[4.1] After section 49

Add:

50 Certain things may be done electronically

(1) The provisions of Part 2 of the Electronic Transactions Act 1999 apply as provisions of this scheme and so apply as if the references in that Part to a law of the Commonwealth were references to this scheme.

(2) The DAA may, in approving a form for the purposes of this scheme or otherwise:

(a) fix requirements as to particular kinds of electronic communication and as to methods of signature or identification; and

(b) designate information systems.

(3) Subsection (1) does not:

(a) apply a provision in respect of regulations under the Electronic Transactions Act 1999, a provision with respect to exemptions under that Act or a provision with respect to copyright; or

(b) apply in relation to:

(i) making a claim for a standard payment right;

(ii) certification under section 17 (relating to farm business assessments);

(iii) certification under section 28 (relating to access to an entity’s accounts);

(iv) making a claim for an anomalous circumstances payment right;

(v) making a claim for an exceptional events supplementary payment right;

(vi) amending a claim for a payment right;

(vii) any other matter specified in a written determination of the DAA.

Part 5—Amendments to do with stamp duty

[5.1] After subsection 33 (4)

Insert:

(4A)A notice under subsection (2) must include a declaration by the transferee or, if the transferee is a corporation, its public officer, certifying that the documents effecting the transfer or the grant of the charge have been stamped as required by a law of a State or Territory that relates to stamp duty.

Part 6—Amendments to do with claims processes

[6.1] After subsection 16 (5)

Insert:

(5A) If the DAA makes a request under subsection (2) or (4), the following apply:

(a) the DAA may, on application by the entity making the claim, extend the period of 28 days mentioned in paragraph (3) (b) or (5) (b) (as relevant);

(b) the application to extend the period must be made within the 28 days;

(c) in determining the application, the DAA must have regard to (among other things) the effect that the extension will have on claims by other entities.

Part 7—Amendments to do with name changes

[7.1] Subsection 17 (4), definition of “qualified financial adviser”

Omit subparagraph (a) (i), substitute:

(i) CPA Australia;

[7.2] Subsection 28 (4), definition of “qualified financial adviser”

Omit paragraph (a), substitute:

(a) CPA Australia;

Part 8—Amendments to do with farm business assessments

[8.1] Paragraphs 17 (1) (a) and (b)

Omit the paragraphs, substitute:

(a) a qualified financial adviser has carried out a farm business assessment for the dairy farm enterprise that complies with the rules in subsection (2) and certified, in the approved form, to that effect; or

(b) the entity has carried out a farm business assessment for the dairy farm enterprise and a qualified financial adviser has certified, in the approved form, that the assessment complies with the rules in subsection (2); or

[8.2] Paragraphs 17 (2) (b)

Omit “qualified business adviser”, substitute “qualified financial adviser”.

[8.3] Subsection 17 (2A)

Omit the subsection, substitute:

(2A) An entity is not prevented from making a claim for the grant of a payment right at a time when the entity has not complied with the rules in subsection (2), but the DAA must not grant a payment right to the entity unless the entity complies with those rules before the end of 6 months after the end of the DSAP claim period.

Part 9—Miscellaneous amendments

[9.1] Subsections 4 (2), 5 (1) and 5 (4)

Omit “An dairy farm enterprise”, substitute “A dairy farm enterprise”.

[9.2] Subsection 5 (3)

Omit “an dairy farm enterprise”, substitute “a dairy farm enterprise”.

[9.3] Subsection 10 (1)

Omit “dairy farm dairy farm enterprise”, substitute “dairy farm enterprise”.

[9.4] Subsection 23 (3), (4)

Omit “divided among”, substitute “allocated to”.

[9.5] Paragraph 23 (3) (a)

Omit “receives”, substitute “is allocated”.

[9.6] Paragraph 33 (1) (a) (iii)

After “Australian Company Number” insert “or Australian Registered Business Number”.

Note

Dairy Structural Adjustment Program Scheme 2000, formulated by the Minister for Agriculture, Fisheries and Forestry notified in the Commonwealth of Australia Gazette on 14 April 2000; amended by Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 1) notified in the Commonwealth of Australia Gazette on 8 June 2000.

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

Overview

The Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 2) was enacted to amend the Dairy Structural Adjustment Program Scheme 2000, which was introduced under the Dairy Produce Act 1986. This legislative instrument was introduced by the Minister for Agriculture, Fisheries and Forestry, Warren Truss, to address specific issues within the program. The amendments aim to refine and improve the structural adjustment process, ensuring that the scheme operates efficiently and fairly for all participants. The amendments made by this instrument include adjustments to lease values, quota issues, payment rights, and other miscellaneous provisions to better align the program with its policy objectives. The enacting body is the Parliament of Australia, represented by the Minister for Agriculture, Fisheries and Forestry, who is responsible for the administration and amendment of the scheme. The policy objective of these amendments is to ensure that the Dairy Structural Adjustment Program effectively supports dairy farm enterprises by providing necessary adjustments and financial assistance, thereby contributing to the stability and viability of the dairy industry.

Scope and Application

The Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 2) applies to entities and persons involved in dairy farming enterprises, specifically those participating in the Dairy Structural Adjustment Program. It pertains to the allocation of derived milk revenue shares, quota issues, anomalous circumstances payment rights, and other related matters within the dairy industry. The amendments extend to both lessors and lessees involved in sharefarming arrangements and impact the financial aspects of dairy farming transactions, including the calculation of revenue shares and the distribution of payment rights. This legislative instrument has a Commonwealth jurisdiction and affects participants across Australia. It does not apply to certain activities such as making a claim for a standard payment right, certification under specific sections, and amending a claim for a payment right unless otherwise specified. The Act can be further extended or restricted through subordinate instruments, but this particular amendment focuses on the outlined aspects of the dairy industry. This amendment, made by the Minister for Agriculture, Fisheries and Forestry, also incorporates provisions from the Electronic Transactions Act 1999, allowing certain actions to be performed electronically while specifying exceptions. Additionally, it mandates that any transfer or grant of a charge must be accompanied by a declaration certifying that the necessary stamp duty has been paid as per state or territory laws. It also allows for the extension of claim periods under certain conditions and modifies the definition of a qualified financial adviser to include CPA Australia. These amendments seek to refine and enhance the operational efficiency and fairness of the Dairy Structural Adjustment Program.

Key Provisions

The Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 2) introduces several amendments to the Dairy Structural Adjustment Program Scheme 2000, which is governed under the Dairy Produce Act 1986. These amendments, which commence on gazettal, primarily address the annualised value of leases, quota issues, anomalous circumstances payment rights, approved forms, stamp duty, claims processes, name changes, farm business assessments, and miscellaneous adjustments. The key sections involved in these amendments include sections 22, 24, 26, 49, 50, 33, 16, 17, and 23, among others. The amendments impose specific obligations on parties involved in dairy farming enterprises. For instance, they require that the annualised value of leases be calculated according to new criteria, particularly for leases that came into existence after the start of the base year (section 24). Quota issues now mandate that the face value of payment rights be allocated based on the proportion of milk revenue each party was entitled to on a specific date (section 22). Anomalous circumstances payment rights are now calculated based on the milk delivered by enterprises during the base year (section 26). Additionally, the use of electronic communication and specific requirements for forms and signatures are detailed in section 50. The transfer of properties must now include a declaration that the necessary stamp duty has been paid (section 33). Breaches of the provisions set out in the amendments could result in various penalties and consequences. While the legislation does not explicitly state the penalties for non-compliance, general legal principles imply that failure to adhere to the outlined requirements could lead to administrative actions, financial penalties, or legal proceedings. For example, incorrect allocation of payment rights or failure to comply with the new electronic communication requirements could be subject to scrutiny and possible sanctions by the relevant authorities. It is important for all parties to meticulously follow the new guidelines to avoid any legal repercussions.

Area of Law: Administrative Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Commencement Provisions; Regulatory Standards

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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.

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