Dairy Exit Program Scheme Amendment 2000 (No. 2) (Cth)

Dairy Exit Program Scheme Amendment 2000 (No. 2)

I, WARREN ERROL TRUSS, Minister for Agriculture, Fisheries and Forestry, make this instrument under subsection 52C (1) of the Farm Household Support Act 1992.

Dated         5^th   December       2000

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

1          Name of instrument

This   instrument   is    the   Dairy   Exit     Program    Scheme   Amendment   2000 (No. 2).

2          Commencement

This instrument commences on gazettal.

3          Amendment of Dairy Exit Program Scheme 2000

Schedule 1 amends the Dairy Exit Program Scheme 2000.

Schedule 1             Amendments

(section 3)

[1]        Section 6

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A person is qualified

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(1)       A person is qualified

[2]        Section 6, note

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[3]        Section 6

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(2)     Also, a person is qualified for a dairy exit program for a farm enterprise that on 28 September 1999 was, or was part of, a dairy Farm enterprise if:

(a)        the person:

(i)         is an individual; and

(ii)        was a farmer on 28 September 1999; and

(iii)       is at least 18; and

(iv)       is an Australian resident; and

(v)        is in Australia; and

(b)       the person has been granted a payment right under the DSAP  scheme; and

(c)        the person’s rights or interests in the farm enterprise have been sold (and completion of the sale has taken place) after 28  September  1999 and  before the  person was  granted a payment right under the DSAP Scheme; and

(d)        the person was a farmer in relation to the farm enterprise for a   continuous   period of  at   least 2  years  immediately  before  the sale; and

(e)        the person was effectively in control of the person’s rights or interests in the farm enterprise immediately before the sale.

Note    Paragraphs  9   (1)   (f)  and  (g)   provide   that  the   person  who   has  a  partner  will not qualify for a dairy exit payment if:

(a)     the person or partner  has received a dairy exit payment; or

(b)     the partner has applied for a dairy exit payment, and the  partner has not withdrawn that application or that application has not been rejected.

[4]       Subsection 9 (1)

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that is, or is part of, a dairy farm enterprise

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, for which an application has been lodged under Part 2, in relation to a  dairy farm enterprise

[5]        Paragraph 9 (1)(b)

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(b)       the person’s  rights  or  interests in the farm enterprise have been sold (and completion of the sale has taken place):

(i)         if the person was qualified to apply for  the  payment under subsection 6 (1), within 12 months after the application was lodged; and

(ii)        if the person  was  qualified to apply for the payment under subsection   6 (2), as mentioned    in   paragraph 6 (2) (c); 

[6]        Subparagraph 9 (1) (h) (i)

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[7]        Subparagraph 9 (1) (i)

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Subparagraph (h) (i) or (ii):

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Subparagraph (h) (ii)