Supplementary Dairy Assistance Scheme 2001 Variation (No. 3)1
I, WARREN TRUSS, Minister for Agriculture, Fisheries and Forestry, acting under clauses 37B and 37Y of Schedule 2 of the Dairy Produce Act 1986, vary the Supplementary Dairy Assistance Scheme 2001 formulated under the Dairy Produce Act 1986 as follows.
Dated 5th June 2002
WARREN TRUSS
Minister for Agriculture, Fisheries and Forestry
Supplementary Dairy Assistance Scheme 2001 Variation (No. 3)
1. Citation
This instrument is the Supplementary Dairy Assistance Scheme 2001 Variation (No. 3).
2. Commencement
The variations made by this instrument commence on gazettal.
3. Variations of the Supplementary Dairy Assistance Scheme 2001
The Supplementary Dairy Assistance Scheme 2001 is varied as set out in Schedule 1.
Schedule 1 Variations of the Supplementary Dairy Assistance Scheme 2001
[1] Subsection 8 (2)
Add at the end:
; (c) an interest as a party to a binding contract or other binding arrangement under which the entity would, during or after the end of the qualifying period, be entitled to hold an interest in a dairy farm enterprise as described in paragraph (b).
(2A) A contract or arrangement conferring an option or a similar right is not a contract or arrangement for the purposes of paragraph (2) (c) unless the entity exercised the option or right, and acquired the interest, before the end of the period after 6.30 pm on 28 September 1999 that, in the circumstances, is reasonable.
[2] Subparagraphs 8 (5) (c) (i), (ii) and (iii)
Omit the subparagraphs, substitute:
(i) the entity held an interest of a kind mentioned in paragraph (2) (b) or (2) (c) in a dairy farm enterprise shortly before 28 September 1999;
(ii) on or shortly after 28 September 1999 the entity held an interest in a dairy farm enterprise only as mentioned in paragraph (2) (c) (whether or not the entity held an interest in another dairy farm enterprise at that time);
[3] Subsection 8 (6)
Omit the subsection.
[4] After paragraph 12 (4)
Insert:
(4A) If a decision under subsection (1) is that the entity is eligible for an additional market milk payment right or a basic market milk payment right subject to the condition mentioned in subsection (2), but the declaration mentioned in subsection (2) is not given to the DAA within 60 days after the decision comes to the entity's attention for the purposes of subsection 36(1) or by 31 July 2002, whichever is the later, the decision under subsection (1) is taken to be, and always to have been, a decision that the entity is not eligible for an additional market milk payment right or a basic market milk payment right, as the case requires.
(4B) The Minister may, on application by the entity or of his or her own motion, extend the period fixed by subsection (4A), either before or after the period has ended.
[5] Subsections 13 (6)
Omit the subsection, substitute:
(6) If a decision under subsection (1) is that the entity is eligible for a discretionary payment right subject to the condition mentioned in subsection (2), but the declaration mentioned in that subsection is not given to the DAA within 60 days after the decision comes to the entity's attention for the purposes of subsection 36(1) or by 31 July 2002 whichever is the later, the decision under subsection (1) is taken to be, and always to have been, a decision that the entity is not eligible for a discretionary payment right.
1. This instrument varies the Supplementary Dairy Assistance Scheme 2001, formulated by the Minister for Agriculture, Fisheries and Forestry and notified in the Commonwealth of Australia Gazette on 1 August 2001 as varied by Supplementary Dairy Assistance Scheme 2001 Variation (No. 1) notified in the Commonwealth of Australia Gazette on 29 August 2001 and by Supplementary Dairy Assistance Scheme 2001 Variation (No. 2) notified in the Commonwealth of Australia Gazette on 27 September 2001.
2 Made by the Minister for Agriculture, Fisheries and Forestry on 2002 and notified in the Commonwealth of Australia Gazette on 2002.
Overview
The Supplementary Dairy Assistance Scheme 2001 Variation (No. 3) 2002, enacted by Warren Truss, the Minister for Agriculture, Fisheries and Forestry, is a legislative instrument designed to amend the Supplementary Dairy Assistance Scheme 2001 under the Dairy Produce Act 1986. This variation was introduced to address specific eligibility criteria and procedural requirements for dairy farmers to qualify for certain payments and rights within the scheme. The aim is to ensure that only those who meet the precise conditions set forth by the legislation can benefit from the financial assistance provided by the scheme. Enacted under clauses 37B and 37Y of Schedule 2 of the Dairy Produce Act 1986, the policy objective of this variation is to refine and clarify the terms of eligibility for dairy farmers in the Supplementary Dairy Assistance Scheme, ensuring that the scheme operates efficiently and equitably.
Scope and Application
The Supplementary Dairy Assistance Scheme 2001 Variation (No. 3) applies to entities involved in dairy farm enterprises, particularly those that held or acquired an interest in such enterprises before or shortly after 28 September 1999. The Act is formulated under the Dairy Produce Act 1986, which places it within the Commonwealth jurisdiction of Australia. The legislation specifically addresses the eligibility criteria for additional market milk payment rights, basic market milk payment rights, and discretionary payment rights by modifying the original Supplementary Dairy Assistance Scheme 2001. The variations clarify that only entities holding specified interests in dairy farm enterprises before a particular date are eligible for these payments, while also detailing the conditions under which a declaration must be made to retain eligibility. This legislative instrument aims to refine the scope and criteria for the supplementary assistance provided to dairy farmers, ensuring that the support is directed to those who meet the specified conditions.
Key Provisions
The Supplementary Dairy Assistance Scheme 2001 Variation (No. 3) (F2006B01532) introduces several changes to the Supplementary Dairy Assistance Scheme 2001 under the Dairy Produce Act 1986. Primarily, this legislation modifies the eligibility criteria for certain dairy farm entitlements. For instance, section 8(2) now includes a new condition whereby an entity holding a binding contract or arrangement that allows them to hold an interest in a dairy farm enterprise during or after the qualifying period is considered eligible. However, an option or similar right in such a contract or arrangement does not count unless the entity exercises it and acquires the interest before the specified period ending on 28 September 1999 (section 8(2A)).
The variations also affect the conditions under which an entity can be deemed to hold an interest in a dairy farm enterprise. For example, the new subparagraphs in section 8(5)(c)(i) and (ii) specify that an entity must have held a qualifying interest in a dairy farm enterprise shortly before 28 September 1999, and subsequently, only as mentioned in paragraph 8(2)(c), irrespective of whether they held another interest at that time. Additionally, section 8(6) is omitted, streamlining the process for determining eligibility.
Furthermore, the new provisions in section 12(4A) and 12(4B) introduce a condition where if a decision regarding the eligibility for an additional or basic market milk payment right is not followed by the required declaration within 60 days or by 31 July 2002, the decision is considered invalid. The Minister has the discretion to extend this period upon application or on their own motion. Similarly, section 13(6) introduces a similar condition for discretionary payment rights, rendering them invalid if not declared within the specified timeframe.
Entities governed by this Act must ensure they meet the stringent eligibility criteria and adhere to the timelines for declarations. Failure to comply with these obligations can result in the invalidation of decisions regarding their eligibility for various payment rights, effectively disqualifying them from receiving benefits under the scheme. This underscores the importance of strict adherence to the provisions and timelines outlined in the Act.