Supplementary Dairy Assistance Scheme 2001 Variation (No. 2)

Overview

The Supplementary Dairy Assistance Scheme 2001 Variation (No. 2) is a legislative instrument enacted in 2001 to address specific issues within the Supplementary Dairy Assistance Scheme (SDAS) established under the Dairy Produce Act 1986. This variation was introduced to refine and enhance the operational aspects of the SDAS, ensuring it meets the evolving needs of the dairy industry. The enacting body, Warren Truss, Minister for Agriculture, Fisheries and Forestry, utilised powers under the Dairy Produce Act 1986 to make these amendments. The policy objective is to maintain the integrity and effectiveness of the dairy support mechanisms provided by the SDAS, ensuring timely and accurate distribution of support payments to eligible entities while also providing clarity on administrative processes and fees associated with the scheme.

Scope and Application

The Supplementary Dairy Assistance Scheme 2001 Variation (No. 2) applies to the Supplementary Dairy Assistance Scheme 2001, which was formulated under the Dairy Produce Act 1986. The legislation primarily concerns variations to the Scheme, which affects entities involved in the dairy industry, particularly those receiving Supplementary Dairy Assistance Payments (SDA Payments). The variations address specific procedural aspects of the Scheme, including the timing of decisions, inspection of the register, reconsideration of decisions, and fees associated with these processes. The variations also include amendments to the fees for inspecting an entry in the register or obtaining a copy of an entry in the register. The Act applies nationally across the Commonwealth of Australia and comes into effect on the date of gazettal. The Supplementary Dairy Assistance Scheme 2001 Variation (No. 2) does not explicitly state exclusions, exemptions, or thresholds, but it is understood that these variations are subject to the broader provisions of the Dairy Produce Act 1986 and related regulations. The application of the Act may be further defined through subordinate instruments or regulations issued under the authority of the Dairy Produce Act 1986.

Key Provisions

The main operative sections of this legislation (F2006B01531) relate to variations of the Supplementary Dairy Assistance Scheme 2001 (SDAS 2001) under the Dairy Produce Act 1986. Key amendments include the addition of a new subsection 14(1) (variation [1]) which mandates that any decision regarding an SDA payment right must be communicated to the relevant party as soon as practicable after the decision is made. Another significant change is the insertion of a new subsection 15(7) (variation [2]) which addresses the scenario where a grant of a DSAP payment right occurs after the Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 4) ceased to have effect, ensuring the grant is made correctly as if the amendment was still in effect. A new section 20A (variation [3]) is added to allow for the inspection of the register by the owner of an SDA unit or another person with written consent. Furthermore, a new subsection 30(1B) (variation [4]) stipulates that payment must be made as soon as practicable after the end of a 28-day period if a decision is not reviewed by the relevant tribunal. The legislation also introduces a fee for inspecting an entry in the register or issuing a copy (variation [5]), and clarifies that this fee is payable by the entity making the request (variation [6]). Finally, subsection 37(3) (variation [7]) is amended to exclude certain matters from the scope of the Act, such as provisions under the Electronic Transactions Act 1999. The Supplementary Dairy Assistance Scheme 2001 Variation (No. 2) imposes several obligations on parties and entities governed by the Act. Firstly, the Dairy Australia Agency (DAA) must ensure that any decision regarding an SDA payment right is communicated to the relevant party as soon as practicable. Secondly, the DAA is required to allow the owner of an SDA unit, or another person with written consent, to inspect an entry in the register or provide a copy of such an entry. In addition, if the DAA receives a request to reconsider a decision during the reconsideration request period, and on reconsideration, the decision is confirmed or varied to still involve the grant of an SDA payment right, payment must be made as soon as practicable after the end of the 28-day period, provided no review application is made to the Review Tribunal. Lastly, the DAA must charge a fee for the inspection of an entry in the register or the issuance of a copy of such an entry, with this fee payable by the entity making the request. The legislation includes provisions for offences, penalties, or civil/criminal consequences for breaches, though specific penalties are not detailed in the provided text. However, it is clear that the Act outlines the consequences for non-compliance with its requirements, such as failing to communicate decisions in a timely manner, not allowing inspections or providing copies of register entries, and not making payments as required after reconsideration. While the exact penalties are not specified in the text, it is likely that breaches of the Act could lead to administrative sanctions, fines, or other civil consequences as determined by the relevant authorities. The Act's provisions are designed to ensure compliance and maintain the integrity of the Supplementary Dairy Assistance Scheme.