Commonwealth Numbered Regulations - Explanatory Statements

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DAIRY ADJUSTMENT AUTHORITY REGULATIONS 2000 2000 NO. 68

STATUTORY RULES 2000, No. 68

Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry

Dairy Produce Act 1986

Dairy Adjustment Authority Regulations 2000

The Dairy Industry Adjustment Act 2000 amends the Dairy Produce Act 1986 (the Act) to provide for the Dairy Industry Adjustment Program and establishes the Dairy Adjustment Authority (DAA) to administer the Dairy Structural Adjustment Program (DSAP).

The main object of the Dairy Industry Adjustment Program is to assist the dairy industry adjust to deregulation by providing for two types of grants, one of which is the DSAP.

Section 126 of the Act provides that the Governor-General may make regulations necessary or convenient to be prescribed for the purposes of the Act. Clause 61 of Schedule 2 to the Act provides that the Regulations may prescribe the manner in which the DAA is to perform its functions and the procedure to be followed at or in relation to meetings of the DAA.

The purpose of the regulations is to prescribe the convening and frequency of meetings of the DAA, attendance at those meetings, members which constitute a quorum, the presiding member, voting, minutes and records and procedures of the DAA.

Details of the regulations are as follows:

Regulation 1 gives the name to the regulations as the Dairy Adjustment Authority Regulations 2000.

Regulation 2 prescribes that the regulations will commence on gazettal.

Regulation 3 provides definitions of terms used in the regulations.

Regulation 4 concerns the convening and frequency of meetings of the DAA. It prescribes that the DAA may hold as many meetings as the Chair considers necessary to perform its functions. The regulation prescribes that the DAA Chair must convene the meetings of the DAA by notice in writing to all of the DAA members. Such notice must contain details of the time and place of the meeting.

The regulation prescribes that if the DAA Chair receives notice in writing from the Minister, or, before the first DAA phase-down time (the Minister may phase-down the DAA by reducing the number of DAA members to ensure that its size is commensurate with its workload), at least two DAA members, asking the DAA Chair to convene a meeting, the DAA Chair must convene a meeting as soon as possible after receiving the request.

Regulation 5 prescribes the methods that DAA members may use to formally attend a meeting. DAA members may participate in person or by telephone.

Regulation 6 states that a quorum for a meeting of the DAA will be 3 DAA members prior to the first DAA phase-down time and 2 DAA members after the first DAA phasedown but before the second DAA phase-down.

Regulation 7 prescribes who shall be the Presiding member of the DAA at DAA meetings. The DAA Chair must preside at all meetings of the DAA at which he or she is present. If, prior to the first DAA phase-down, the DAA Chair is to be absent from a meeting, he or she may nominate a DAA member to preside. However, where the DAA Chair has not nominated anyone to preside, a majority of the DAA members present must elect a DAA member to preside at the meeting.

Regulation 8 prescribes that at a DAA meeting each DAA member present has a single vote. All DAA decisions are to be decided by a majority of the votes of the DAA members present and voting. If votes on a decision at a DAA meeting are equal, the presiding member will have the casting vote.

Regulation 9 states that the DAA must keep minutes of its meetings and records of resolutions passed at each meeting.

Regulation 10 allows that, where not otherwise provided for by the regulations, the DAA may determine its own procedure.