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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Dairy
Industry Legislation Amendment Bill 2002
No.
, 2002
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to amend
legislation relating to the dairy industry and farm household support, and for
related purposes
Contents
Dairy Produce Act
1986 3
Farm Household Support Act
1992 6
A Bill for an Act to amend legislation relating to the
dairy industry and farm household support, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Dairy Industry Legislation Amendment Act
2002.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 At the end of
section 7
Add:
(2) The Corporation also has the function of planning, facilitating and
participating in one or more of the following:
(a) the reform, privatisation or abolition of the Corporation;
(b) the reform, privatisation or abolition of the Dairy Research and
Development Corporation;
(c) the establishment of a new body or bodies to perform any of the
following:
(i) the Corporation’s other functions;
(ii) the Dairy Research and Development Corporation’s
functions;
(d) the conferral of any of the functions mentioned in paragraph (c)
on an existing body or bodies.
(3) In subsection (2):
Dairy Research and Development Corporation means the Dairy
Research and Development Corporation established by section 8 of the
Primary Industries and Energy Research and Development Act
1989.
(4) The Corporation also has the function of providing funds to another
person or body (including the Commonwealth) for expenses or liabilities incurred
by that person or body, or by another person or body, in participating in
processes of the kind mentioned in subsection (2).
(5) The Minister may give the Corporation written directions about the
performance of its functions under subsections (2) and (4). Section 8
does not apply to a direction given under this subsection.
(6) The Corporation must comply with any such directions.
(7) A direction given under subsection (5) may:
(a) deal with specific matters; or
(b) set out general policies and require the Corporation to perform the
relevant functions consistently with those policies;
or both.
(8) The Minister may, by writing, delegate the power to give directions
under subsection (5) to an Agency Head (within the meaning of the Public
Service Act 1999).
2 Paragraph 88(1)(ab)
Omit “paragraphs 7(a)”, substitute “paragraphs
7(1)(a)”.
3 Paragraph 91(aaa)
Omit “paragraphs 7(a)”, substitute “paragraphs
7(1)(a)”.
4 At the end of subclause 119(2B) of
Schedule 1
Add:
; or (e) dairy-type grants (within the meaning of the Farm Household
Support Act 1992).
5 Clause 2 of
Schedule 2
Insert:
dairy-type grant has the same meaning as in the Farm
Household Support Act 1992.
6 Clause 19 of Schedule 2 (note
4)
After “dairy exit payment”, insert “or dairy-type
grant”.
7 Clause 37L of Schedule 2 (note
4)
After “dairy exit payment”, insert “or dairy-type
grant”.
8 Paragraph 43(3)(e) of
Schedule 2
Omit “relates to the DEP scheme.”, substitute “relates to
the DEP scheme;”.
9 After paragraph 43(3)(e) of
Schedule 2
Insert:
(f) the recording or disclosure is in connection with the administration
of dairy-type grants.
10 Subclause 43(3) of Schedule 2
(note)
Omit “or (e)”, substitute “, (e) or (f)”.
11 Paragraph 53(1)(b) of
Schedule 2
Repeal the paragraph, substitute:
(b) either:
(i) a decision is made under the DEP scheme that the entity is qualified
for a dairy exit payment in relation to the enterprise; or
(ii) a decision is made under the farm help re-establishment grant scheme
(within the meaning of the Farm Household Support Act 1992) that the
entity is qualified for a dairy-type grant; and
12 Subclause 53(2) of
Schedule 2
Omit “is made under the DEP scheme”, substitute
“mentioned in the relevant subparagraph of paragraph (1)(b) is
made”.
13 After paragraph 78(f) of
Schedule 2
Insert:
(fa) money paid to the Corporation under subsection 56(2A) of the Farm
Household Support Act 1992 (which deals with the recovery of overpaid
dairy-type grants);
14 After paragraph 79(b) of
Schedule 2
Insert:
(ba) in making dairy-type grants; and
15 After paragraph 79(j) of
Schedule 2
Insert:
(ja) in meeting the expenses incurred by the Commonwealth in relation to
the administration of dairy-type grants; and
16 Paragraph 80(a) of
Schedule 2
Omit “and dairy exit payments as those payments fall due”,
substitute “, dairy exit payments and dairy-type grants as they fall
due”.
17 After paragraph 94(2)(b) of
Schedule 2
Insert:
(ba) making dairy-type grants;
Farm Household Support Act
1992
18 Subsection 3(2)
Insert:
dairy-type grant means a re-establishment grant designated
under the farm help re-establishment grant scheme as a dairy-type
grant.
19 After subsection 52A(5)
Insert:
(5A) The scheme may provide for the disclosure of dairy-type grant
information:
(a) to the Dairy Adjustment Authority in connection with the
administration of:
(i) the DSAP scheme (within the meaning of Schedule 2 to the Dairy
Produce Act 1986); or
(ii) the SDA scheme (within the meaning of Schedule 2 to the Dairy
Produce Act 1986); or
(iii) a provision of the Dairy Produce Act 1986 in so far as that
provision relates to that scheme; or
(b) to the Australian Dairy Corporation in connection with the
administration of the Dairy Structural Adjustment Fund.
(5B) In subsection (5A):
dairy-type grant information means information disclosed or
obtained for the purposes of the administration of dairy-type grants.
20 Paragraph 56(2)(a)
After “grant scheme”, insert “(other than a dairy-type
grant)”.
21 After subsection 56(2)
Insert:
(2A) If:
(a) an amount purporting to be an amount of dairy-type grant has been paid
to a person; and
(b) some or all of the amount was not payable to the person;
the amount that was not payable may be recovered by the Commonwealth, on
behalf of the Australian Dairy Corporation, as a debt due to the Australian
Dairy Corporation.
22 Subsection 57(4)
After “scheme payments”, insert “(other than dairy-type
grants)”.
23 Subsection 57(5)
After “exit payments”, insert “and dairy-type
grants”.