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Dairy Industry Adjustment Bill 2000

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1998-1999-2000

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

SENATE

 

 

 

 

DAIRY INDUSTRY ADJUSTMENT BILL 2000

 

 

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

 

Amendments to be Moved on Behalf of the Government

 

 

 

 

 

 

 

 

 

 

 

 

(Circulated by Authority of the Minister for Agriculture, Fisheries and Forestry,

the Hon Warren Truss MP)

 



 

AMENDMENTS TO THE DAIRY INDUSTRY ADJUSTMENT BILL 2000

 

GENERAL OUTLINE

 

1.              These amendments to the Dairy Industry Adjustment Bill 2000 provide for:

·           a $45 million Dairy Regional Assistance Programme to assist dairy-dependent communities, and members of dairy-dependent communities to adjust to the deregulation of the dairy industry; and

·           a minor alteration to place the burden of proof on the prosecution in relation to what were previously ‘defences’ to the offence of disclosing confidential information.

 

2.              The regional programme will support initiatives to create employment, retraining, counselling and community infrastructure and services in dairy communities adversely affected by deregulation.  The programme will run for three years. 

 

3.              The technical amendment brings this Bill into line with the criminal law policy that the prosecution should be required to prove every element of an offence, except for those that would be peculiarly within the defendant’s knowledge and hence sufficiently more difficult and costly for the prosecution to prove or the defendant to disprove.

 

 

FINANCIAL IMPACT STATEMENT

 

4.         The proposed Dairy Adjustment Levy (General) Bill 2000, Dairy Adjustment Levy (Excise) Bill 2000, and Dairy Adjustment Levy (Customs) Bill 2000 provide for the imposition of the Dairy Adjustment Levy.  This levy will generate sufficient Commonwealth revenue to pay for the Dairy Regional Assistance Programme.

 



NOTES ON AMENDMENTS

 

Amendment 1

 

5.       This amendment corrects the Note to clause 42(3) on the application of section 13.3(3) of the Criminal Code to the clause.

 

Amendment 2

 

6.       This amendment restricts the application of section 13.3(3) of the Criminal Code to those matters which are peculiarly within the knowledge of the defendant.  As a matter of principle, the defendant should only have to bear the evidential burden when the matter is peculiarly within his or her knowledge.

 

Amendment 3

 

7.       This amendment allows the Commonwealth to be reimbursed for amounts to fund the Dairy Regional Assistance Programme.

 

Amendment 4

 

8.       This amendment allows monies from the Dairy Structural Adjustment Fund to be expended in making grants under the Dairy Regional Assistance Programme and in reimbursing the Commonwealth’s associated administrative costs.

 

Amendment 5

 

9.       This amendment provides for proposed clause 84A which allows a Dairy Regional Assistance Programme to be established as a component of the existing Regional Assistance Programme.  The Dairy Regional Assistance Programme will be a programme designed to assist regions by providing seed funding aimed at generating employment, creating small business opportunities and building on the skills base of dairy dependent regions.

 

10.   The Department of Employment, Workplace Relations and Small Business will administer the Programme.  Clause 84A (2) clarifies that the while the Australian Dairy Corporation will have responsibility for administering the Dairy Structural Adjustment Fund, overall responsibility for the Dairy Regional Assistance Programme will rest with the Department of Employment, Workplace Relations and Small Business. 

 

11.   The Dairy Regional Assistance Programme will be available to eligible applicants for three years commencing 1 July 2000 and will be funded up to $15 million per annum up to a total amount of $45 million over three years.  This amount includes programme and operational costs associated with the Dairy Regional Assistance Programme.