Supplementary Dairy Assistance Scheme 2001 Variation (No. 4)

Administered by Department of Agriculture

Legislation au F2006B01533 Not in force Legislative Instrument

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Supplementary Dairy Assistance Scheme 2001 Variation (No. 4)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                 17 September 2002

                                                 WARREN TRUSS

 

Minister for Agriculture, Fisheries and Forestry

 

Supplementary Dairy Assistance Scheme 2001 Variation (No. 4)

1. Citation

This instrument is the Supplementary Dairy Assistance Scheme 2001 Variation (No. 4).

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] After subsection 13 (1)

Insert:

(1A) A decision under subsection (1) may not be made after 1 January 2003 unless:

(a)  the decision is made under section 36 (which relates to reconsideration of decisions) or by the Review Tribunal; or

(b)  the Minister determines that, in the circumstances, the decision should be made.

[2] Subsection 15 (6)

Omit the subsection, substitute:

(6) However, if:

(a) the entity has been granted a DSAP payment right; and

(b) the conditions in paragraphs 51 (1) (a), (b) and (c) of Schedule 2 of the Act are satisfied in relation to the entity; and

(c) because of subclause 51 (2) of Schedule 2 of the Act the DAA cannot cancel 1 or more units in the DSAP payment right;

the face value of the basic market milk payment right or the additional market milk payment rights is reduced by an amount equal to $32 the number of units in the DSAP payment right that the DAA cannot cancel because of subclause 51 (2) of Schedule 2 of the Act. If the amount of the reduction is more than the face value of the payment right, the face value of the payment right is zero.

Note Schedule 2 clause 51 of the Act, and section 36 of the DSAP scheme, relate to cases where there has been an error by the DAA.

[3] After section 17 but in Part 4

Insert:

17A Discretionary payment rights granted on section 9 basis—refunding DSAP overpayments

If:

(a) an entity has been granted a discretionary payment right on the basis that it is eligible for the payment right because of section 9; and

(b) the entity has been granted a DSAP payment right; and

(c) the conditions in paragraphs 51 (1) (a), (b) and (c) of Schedule 2 of the Act are satisfied in relation to the entity; and

(d) because of subclause 51 (2) of Schedule 2 of the Act the DAA cannot cancel 1 or more units in the DSAP payment right;

the face value of the discretionary payment right as worked out in accordance with sections 16 and 17 is reduced by an amount equal to $32 the number of units in the DSAP payment right that the DAA cannot cancel because of subclause 51 (2) of Schedule 2 of the Act. If the amount of the reduction is more than the face value of the payment right as so worked out, the face value of the payment right is zero.

Note Schedule 2 clause 51 of the Act, and section 36 of the DSAP scheme, relate to cases where there has been an error by the DAA.

17B No double refunding of DSAP overpayments

For an entity, the total of the amounts by which:

(a) the face value of a basic market milk payment right or a additional market milk payment right is to be reduced under subsection 15 (6); and

(b) the face value of a discretionary payment right is to be reduced under section 17A;

is not to be more than the amount equal to $32 the number of units in the DSAP payment right that the DAA cannot cancel because of subclause 51 (2) of Schedule 2 of the Act.

Note

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 and by Supplementary Dairy Assistance Scheme 2001 Variation (No. 3) notified in the Commonwealth of Australia Gazette on 6 June 2002.

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. 4) was introduced by the Minister for Agriculture, Fisheries and Forestry in 2002 to address specific issues within the existing Supplementary Dairy Assistance Scheme 2001. This legislative instrument, enacted under the authority of the Dairy Produce Act 1986, aims to make adjustments to the scheme to ensure clarity and fairness in the management of dairy assistance payments, particularly in cases where the Dairy Administration Agency has made errors. The primary focus of these variations is to refine the process of decision-making and the correction of overpayments, ensuring that any reductions in payment rights are calculated accurately and do not result in a double reduction for the same error. The policy objective is to maintain the integrity and efficiency of the dairy assistance program while providing clear guidelines for the refunding of overpayments.

Scope and Application

The Supplementary Dairy Assistance Scheme 2001 Variation (No. 4) applies to entities and individuals involved in the dairy industry in Australia, particularly those who are eligible for payments under the Supplementary Dairy Assistance Scheme (DSAP). This variation alters the original scheme by modifying specific subsections and introducing new provisions regarding payment rights and overpayment refunds. It applies to the Commonwealth of Australia and affects all entities and individuals involved in the dairy industry who are subject to the DSAP. This legislative instrument does not explicitly state exclusions or thresholds, but its applicability is inherently limited to those entities and individuals within the scope of the DSAP. The application of the Act can be further defined or restricted through subordinate instruments, which may include regulations or other legislative variations.

Key Provisions

The Supplementary Dairy Assistance Scheme 2001 Variation (No. 4) (F2006B01533) amends the Supplementary Dairy Assistance Scheme 2001, which was established under the Dairy Produce Act 1986. The variations, which are detailed in Schedule 1, primarily relate to payment rights and the procedures for making decisions under the scheme. For example, a decision under subsection 13(1) cannot be made after 1 January 2003 unless it is made under section 36 or by the Review Tribunal, or if the Minister determines it should be made (Schedule 1, [1]). Additionally, subsection 15(6) has been modified to include a reduction in the face value of payment rights in specific circumstances (Schedule 1, [2]). The insertion of new subsections 17A and 17B further details the conditions under which payment rights can be reduced and ensures that there is no double refunding of overpayments (Schedule 1, [3]). The Act imposes certain obligations on the parties involved, particularly regarding the handling of payment rights and decisions about those rights. For example, entities granted discretionary payment rights must ensure they meet the conditions outlined in paragraphs 51(1)(a), (b), and (c) of Schedule 2 of the Dairy Produce Act 1986 (Schedule 1, [3]). Additionally, the Australian Dairy Authority (ADA) must adhere to the specified conditions for reducing the face value of payment rights and must not allow double refunding of overpayments (Schedule 1, [2], [3]). The Minister for Agriculture, Fisheries and Forestry, who enacts these variations, also has specific duties in determining when decisions should be made under the amended scheme. The Act does not explicitly outline specific offences, penalties, or consequences for breaches of its provisions. However, any non-compliance with the conditions or procedures outlined in the Act could potentially lead to disputes or legal challenges. The Act relies on internal mechanisms, such as the Review Tribunal and the Minister’s discretion, to address issues arising from non-compliance. Given the nature of the legislation, breaches might result in financial discrepancies or improper payments, which could be subject to administrative review or correction.

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