Supplementary Dairy Assistance Scheme 2001 Variation (No. 7)

Administered by Department of Agriculture

Legislation au F2006B01561 Not in force Legislative Instrument

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Supplementary Dairy Assistance Scheme 2001 Variation (No. 7)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                           4 August 2004

                        WARREN TRUSS

 

Minister for Agriculture, Fisheries and Forestry

 

Supplementary Dairy Assistance Scheme 2001 Variation (No. 7)

1. Citation

This instrument is the Supplementary Dairy Assistance Scheme 2001 Variation (No. 7).

2. Commencement

The variations made by this instrument commence 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

Do not delete : Division placeholder

 

[1] Subsection 3 (2), definition of “support or adjustment payment”

Omit the definition.

[2] Note to section 3 (5)

Omit “DEP Scheme (Act)”.

[3] Paragraph 32 (1) (b)

Omit “a dairy exit payment or”.

[4] Subsection 32 (2)

Omit “a dairy exit payment or”.

[5] Paragraphs 32 (3) (a), (b), (c)

Omit “dairy exit payment or”.

[6] Paragraph 32 (3) (d)

Omit the paragraph.

[7] Paragraph 32 (3) (e)

Omit “1 April 20051 April 2005”, substitute “30 September 200830 September 2008”.

[8] Subsection 32 (5)

Omit “If the entity’s application for a dairy exit payment or a dairy-type grant, or claim for the payment or grant, is rejected, or the entity tells the DAA, in writing, that it is no longer pursuing the dairy exit payment or dairy-type grant:”, substitute “If the entity’s application or claim for a dairy-type grant is rejected, or the entity tells the DAA, in writing, that it is no longer pursuing the grant:”.

[9] Subsection 32 (6)

Omit the subsection.

[10] Paragraph 32 (7) (a)

Omit “1 April 2005” (twice occurring), substitute “30 September 2008”.

[11] Paragraph 32 (7) (b)

Omit the paragraph.

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, Supplementary Dairy Assistance Scheme 2001 Variation (No. 2) notified in the Commonwealth of Australia Gazette on 27 September 2001, Supplementary Dairy Assistance Scheme 2001 Variation (No. 3) notified in the Commonwealth of Australia Gazette on 6 June 2002, Supplementary Dairy Assistance Scheme 2001 Variation (No. 4) notified in the Commonwealth of Australia Gazette on 24 September 2002, Supplementary Dairy Assistance Scheme 2001 Variation (No. 5) notified in the Commonwealth of Australia Gazette on 23 October 2002 and Supplementary Dairy Assistance Scheme 2001 Variation (No 6) notified in the Commonwealth of Australia Gazette on June 2003.

2 Made by the Minister for Agriculture, Fisheries and Forestry on        [***] 2004 and notified in the Commonwealth of Australia Gazette on            2004.

 

Overview

The Supplementary Dairy Assistance Scheme 2001 Variation (No. 7) was enacted in 2004 by Warren Truss, the Minister for Agriculture, Fisheries and Forestry, under the authority of the Dairy Produce Act 1986. This legislative instrument aims to amend the existing Supplementary Dairy Assistance Scheme 2001, addressing specific issues and gaps in the scheme's framework. The enactment body responsible for this variation is the Minister for Agriculture, Fisheries and Forestry, who seeks to refine and improve the scheme in alignment with policy objectives. The overarching policy objective of this variation is to ensure the scheme remains effective and responsive to the needs of the dairy industry by making targeted adjustments and clarifications. This legislative instrument focuses on modifying definitions and provisions within the Supplementary Dairy Assistance Scheme 2001 to streamline processes and eliminate redundancy. By omitting certain definitions and references to outdated or irrelevant components such as the dairy exit payment, the scheme becomes more precise and better tailored to current industry requirements. The variations also include updating dates and removing superseded or redundant subsections, thereby enhancing the clarity and applicability of the scheme for dairy industry participants.

Scope and Application

The Supplementary Dairy Assistance Scheme 2001 Variation (No. 7) applies to dairy producers and entities within the Australian dairy industry, specifically altering the Supplementary Dairy Assistance Scheme 2001. The Act is formulated under the Dairy Produce Act 1986 and is administered by the Minister for Agriculture, Fisheries and Forestry. It is applicable across the Commonwealth of Australia and is intended to modify the original scheme to better support the industry. The variations include the removal of certain definitions and references to dairy exit payments, with a focus on streamlining the scheme to provide support through dairy-type grants. The changes also adjust the timeframes and conditions under which grants can be applied for and processed. The Act does not specify exclusions, exemptions, or thresholds, but the detailed variations indicate a targeted adjustment to the scheme's operation. The variations do not extend beyond the specified changes, and no subordinate instruments are mentioned as extending or restricting the application of this legislation.

Key Provisions

The Supplementary Dairy Assistance Scheme 2001 Variation (No. 7) introduces several key amendments to the existing Supplementary Dairy Assistance Scheme 2001, which was formulated under the Dairy Produce Act 1986. The variations outlined in Schedule 1 primarily concern the removal and adjustment of definitions and provisions related to dairy exit payments, and alterations to the timeframes and conditions for certain payments and grants. For instance, the definition of "support or adjustment payment" is omitted (Schedule 1, item [1]), and specific references to "dairy exit payment" are removed or updated in various sections (Schedule 1, items [2], [3], [4], [5], [7], [8], [10]). Additionally, certain paragraphs and subsections pertaining to dairy exit payments are omitted or modified (Schedule 1, items [6], [9], [11]). Under this legislation, the obligations imposed on the parties involved, such as dairy farmers and the Dairy Australia Agency (DAA), include compliance with the revised definitions, conditions, and timeframes specified in the amended scheme. Dairy farmers must ensure their applications and claims for grants align with the updated requirements, and the DAA is responsible for processing these applications in accordance with the new provisions. The variations also necessitate adjustments in record-keeping and reporting to reflect the changes in the scheme's structure and objectives. Failure to comply with the provisions of the Supplementary Dairy Assistance Scheme 2001 Variation (No. 7) could result in administrative or legal consequences. While the specific offences, penalties, or consequences for breach are not detailed within the text provided, it is common for breaches of legislative instruments related to financial assistance schemes to result in penalties under the relevant Acts or regulations. Typically, penalties may include fines or other financial penalties, and in severe cases, legal action could be pursued against non-compliant entities. The exact penalties would be determined based on the specific nature of the breach and the relevant legislative framework.

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