Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 9)

Overview

The Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 9) was enacted in 2002 to address issues within the existing Dairy Structural Adjustment Program Scheme 2000, which was formulated under the Dairy Produce Act 1986. This legislative instrument was introduced by Warren Truss, the Minister for Agriculture, Fisheries and Forestry, acting under clauses 10 and 35 of Schedule 2 of the Dairy Produce Act 1986. The primary objective of this amendment was to provide additional clarity and procedural adjustments to the scheme to better support dairy farmers during a period of structural adjustment. The variations introduced by this amendment specifically focus on the timing and conditions for declaring eligibility for standard payment rights, ensuring that there are clear timelines and conditions for such declarations, and providing the Dairy Australia Agency with the discretion to extend these timelines under certain circumstances.

Scope and Application

The Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 9) is a legislative instrument formulated under the authority of the Dairy Produce Act 1986, enacted by Warren Truss, the Minister for Agriculture, Fisheries and Forestry. This amendment applies specifically to the Dairy Structural Adjustment Program Scheme 2000, which itself pertains to entities involved in the dairy industry. The amendment modifies certain provisions of the Scheme, particularly focusing on the conditions and timelines for entities to declare their eligibility for standard payment rights. The amendment outlines that if an eligible entity fails to declare their eligibility within a stipulated period, their decision to be granted a standard payment right is nullified. Additionally, the Dairy Australia Authority (DAA) has the discretion to extend the deadline for such declarations upon application by the entity or on their own accord. Geographically and jurisdictionally, this amendment is a Commonwealth instrument, impacting entities within Australia’s dairy sector. There are no explicit exclusions or exemptions outlined in this particular amendment, and it does not introduce new thresholds. The amendment is effective immediately upon gazettal and builds upon previous amendments to the Scheme, indicating a continuous refinement of the legislative framework governing dairy structural adjustments.

Key Provisions

The Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 9) introduces specific changes to the existing Dairy Structural Adjustment Program Scheme 2000. Key provisions include the insertion of subsections (8A) and (8B) following subsection 18(8) of the Scheme. Subsection (8A) stipulates that if a decision regarding eligibility for a standard payment right is made, and the entity fails to submit the necessary declaration to the Dairy Australia within 60 days of the decision or by 31 July 2002, whichever is later, the decision is treated as if the entity is not to be granted a standard payment right. This amendment ensures timely compliance with the requisite declarations to maintain eligibility. Subsection (8B) allows the Dairy Australia to extend the deadline for submitting the declaration upon application by the entity or on its own motion, either before or after the original deadline has passed. This flexibility aims to accommodate unforeseen circumstances that might hinder timely submission. Entities governed by the Dairy Structural Adjustment Program Scheme 2000 must ensure they are aware of the decision regarding their eligibility for a standard payment right and must submit the required declaration to Dairy Australia within the specified timeframe. Failure to do so within the stipulated 60 days or by 31 July 2002, as applicable, will result in the decision being treated as if no standard payment right is granted. Additionally, entities must be prepared to apply for an extension if they anticipate difficulties in meeting the original deadline. Dairy Australia retains the authority to approve or deny such requests for extension, maintaining the integrity of the program’s operational timelines. Failure to comply with the requirements outlined in subsections (8A) and (8B) can lead to significant consequences. Specifically, if an entity does not submit the necessary declaration within the specified timeframe and no extension is granted, the decision regarding their eligibility for a standard payment right will be deemed null, effectively denying them the benefit. While the legislation does not explicitly detail civil or criminal penalties for non-compliance, the potential loss of eligibility and associated benefits underscores the importance of adherence to the stipulated timelines and processes. Entities must, therefore, ensure diligent record-keeping and proactive communication with Dairy Australia to avoid any adverse outcomes.