Supplementary Dairy Assistance Scheme 2001 Variation (No. 5)

Overview

The Supplementary Dairy Assistance Scheme 2001 Variation (No. 5) is a legislative instrument enacted in 2002 by Warren Truss, the Minister for Agriculture, Fisheries and Forestry, under the authority of clauses 37B and 37Y of Schedule 2 of the Dairy Produce Act 1986. This variation was introduced to adjust the Supplementary Dairy Assistance Scheme 2001, originally formulated under the same Act, to incorporate new provisions concerning dairy-type grants. The policy objective of this variation is to ensure that the scheme effectively supports dairy entities by aligning the terms and conditions with the latest legislative requirements and industry needs, thus maintaining the stability and viability of the dairy sector within Australia. The variations aim to streamline the process for dairy entities seeking either a dairy exit payment or a dairy-type grant, thereby ensuring that the scheme remains responsive to the changing circumstances of the industry.

Scope and Application

The Supplementary Dairy Assistance Scheme 2001 Variation (No. 5) applies to the entities and persons engaged in the dairy industry who are eligible for financial assistance under the Supplementary Dairy Assistance Scheme 2001. This legislation targets dairy farmers and entities involved in the dairy industry, particularly those who are applying for or have applied for a dairy exit payment or a dairy-type grant as defined by the Act. The scope of this Act is limited to the variations specified within its text, primarily concerning the adjustments to the eligibility criteria and payment conditions for the said grants. It is a Commonwealth instrument, binding within the jurisdiction of Australia. The Act does not explicitly state any exclusions or exemptions, but it implicitly excludes entities not applying for the specified grants. The application of the Act can be further extended or restricted through subordinate instruments, which may provide additional regulations or interpretations necessary for the implementation of the variations outlined in this legislative instrument.

Key Provisions

The Supplementary Dairy Assistance Scheme 2001 Variation (No. 5) introduces several changes to the existing Supplementary Dairy Assistance Scheme 2001. The primary modifications revolve around the introduction of the concept of a "dairy-type grant" (section 3(5) note). This new term is defined within the Act and is incorporated into various sections, including subparagraph 20(1)(a)(v), paragraph 25(1)(b), paragraph 32(1)(b), paragraph 32(2), paragraphs 32(3)(a), (b), and (c), and paragraph 32(5). Additionally, a new paragraph 32(3)(d) is introduced, and a new subsection 32(7) is added to the Act. These changes are detailed in Schedule 1 of the instrument. The Act imposes specific obligations on the parties it governs. For instance, under the new provisions, an entity qualifies for assistance if a decision is made under the Dairy Exit Payment (DEP) scheme that the entity is eligible for a dairy exit payment or if a decision is made under the farm help re-establishment grant scheme that the entity is eligible for a dairy-type grant (paragraph 25(1)(b)). Furthermore, entities must apply for either a dairy exit payment or a dairy-type grant to be considered for the assistance (paragraph 32(1)(b)). The Act also mandates that if an entity's application for a dairy exit payment or a dairy-type grant is rejected, or if the entity notifies the Dairy Australia that it is no longer pursuing the payment or grant, certain withheld SDA payments must be paid within a specified timeframe (subsection 32(7)). In terms of consequences for non-compliance, the Act does not explicitly detail offences, penalties, or civil/criminal consequences for breach. However, failure to meet the stipulated deadlines for lodging claims for dairy exit payments or dairy-type grants could result in the loss of entitlement to the payments, as outlined in paragraph 32(3)(d). Additionally, if an entity fails to adhere to the conditions specified in the Act, such as notifying Dairy Australia in writing that they are no longer pursuing a payment or grant, this could also impact their eligibility for the assistance. The Act's focus appears to be on ensuring that entities meet the specified criteria and timelines for receiving the assistance, rather than imposing punitive measures for non-compliance.