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1998-1999-2000
THE
PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
SENATE
DAIRY
INDUSTRY ADJUSTMENT BILL 2000
SUPPLEMENTARY
EXPLANATORY MEMORANDUM
(Circulated by
Authority of the Minister for Agriculture, Fisheries and Forestry,
the Hon
Warren Truss MP)
ISBN: 0642 430268
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
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.
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.
7. This amendment allows the Commonwealth to be reimbursed for amounts to
fund the Dairy Regional Assistance Programme.
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.
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.