Farm Help Re-establishment Grant Scheme Amendment 2003 (No. 2)

Overview

The Farm Help Re-establishment Grant Scheme Amendment 2003 (No. 2) was enacted to address specific issues within the existing Farm Help Re-establishment Grant Scheme 1997, which was designed to assist farmers and other individuals in re-establishing their operations after financial difficulties. The amendment was introduced by Warren Truss, the Minister for Agriculture, Fisheries and Forestry, under section 52A of the Farm Household Support Act 1992. The primary objective of this amendment is to align the grant scheme with the reforms implemented under the Dairy Industry Service Reform Act 2003, ensuring that the administration and recovery of debts associated with the grants are managed by industry services bodies rather than the Australian Dairy Corporation. This legislative instrument updates the grant scheme to reflect these changes and was made to facilitate a smoother transition and better alignment with the broader reforms in the agricultural sector.

Scope and Application

The Farm Help Re-establishment Grant Scheme Amendment 2003 (No. 2) amends the Farm Help Re-establishment Grant Scheme 1997, providing adjustments to the grant scheme to better align it with the requirements of the dairy industry. The amendments apply to entities and persons involved in the dairy industry, particularly those who may be receiving or administering grants under the scheme. These changes are significant for industry services bodies as defined under the Dairy Produce Act 1986, and they modify the scope of who can recover debts as a result of grant disbursements. The amendment adjusts the entities involved in debt recovery processes, replacing references to the Australian Dairy Corporation with references to the industry services body. The changes are effective from the date specified under the Dairy Industry Service Reform Act 2003, which aligns the commencement of these variations with broader reforms in the dairy industry. This legislative instrument extends the application of the Farm Help Re-establishment Grant Scheme by updating the scheme to reflect current industry structures and responsibilities, ensuring that the administration of grants remains effective and relevant.

Key Provisions

The Farm Help Re-establishment Grant Scheme Amendment 2003 (No. 2) (the "Amendment") modifies the Farm Help Re-establishment Grant Scheme 1997 (the "Scheme"). The primary changes introduced by the Amendment are detailed in Schedule 1 and include the redefinition of certain terms and the substitution of references to the Australian Dairy Corporation with the industry services body as defined in the Dairy Produce Act 1986. Specifically, section 1.3 of the Scheme now includes a definition of "industry services body" and paragraph 3.9(4)(b) and paragraph 4.2A(b) have been amended to reflect this change, replacing references to the Australian Dairy Corporation with the industry services body. Under the amended Scheme, there are specific obligations placed upon the parties involved. The industry services body is now responsible for collecting debts on behalf of the Scheme, replacing the Australian Dairy Corporation in this role. Additionally, the industry services body must adhere to the terms and conditions set out in the Scheme when performing these functions. These obligations are designed to ensure that the collection of debts is handled efficiently and in accordance with the legal requirements established by the Scheme. Failure to comply with the obligations imposed by the amended Scheme may result in civil or criminal penalties, depending on the nature and severity of the breach. For instance, if an industry services body fails to collect debts as required, this could be seen as non-compliance with the Scheme, potentially leading to legal action. The maximum penalties for breaches of the Scheme are not explicitly stated in the Amendment but would generally depend on the specific provisions of the Farm Household Support Act 1992 and any related legislation. It is important for all parties involved to be fully aware of their obligations under the Scheme to avoid any potential penalties or legal consequences.