Dairy Produce Act 1986 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
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For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
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Contents
This Act may be cited as the
Dairy Produce Act 1986 .
(1) Except as provided by subsections (2) and (3), this Act shall come into operation on 1 July 1986.
(2) Sections 1 to 4 (inclusive), 28 to 32 (inclusive), 41 to 46 (inclusive) and 92 to 108, inclusive, shall come into operation on the day on which this Act receives the Royal Assent.
(3) Subsections 10(3) to (8), inclusive, and 53(3) shall come into operation on 1 October 1986.
(1) In this Act, unless the contrary intention appears:
authorised person (except in Schedule 2) means a person appointed as an authorised person under section 120.
conversion time means the time when Schedule 1 to theDairy Industry Service Reform Act 2003 commences.
Corporation levy means Corporation levy imposed by Schedule 6 to thePrimary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
Council means the association by the name of the Australian Dairy Industry Council Inc. that is incorporated under theAssociations Incorporation Act 1981 of the State of Victoria.
dairy industry means industry in Australia that is concerned with the production, processing, manufacture, distribution and sale (whether for export or otherwise) of dairy produce.
dairy produce means:
(a) milk;
(b) cream; and
(c) such other products made from or containing milk or a constituent part of milk as are declared by the Minister by notice published in the
Gazette to be dairy produce for the purposes of this Act.
dairy service levy means dairy service levy imposed by Schedule 6 to thePrimary Industries (Excise) Levies Act 1999 .
dairy service payments means payments referred to in paragraph 5(1)(a).
Dairy Structural Adjustment Fund means the Dairy Structural Adjustment Fund established by clause 77 of Schedule 2.
eligible body means a body that is registered under theCorporations Act 2001 as a company limited by guarantee.
funding contract means a contract under section 5.
industry services body means the body declared as the industry services body under section 7.
Infrastructure Department means the Department administered by the Infrastructure Minister.
Infrastructure Minister means the Minister who administers theInfrastructure Australia Act 2008 .
Levies and Charges Collection Act means thePrimary Industries Levies and Charges Collection Act 1991 .
matching payments means payments referred to in paragraph 5(1)(b).
milk means the lacteal fluid product of the dairy cow.
new dairy levy amounts means:
(a) amounts of dairy service levy received by the Commonwealth after the conversion time; and
(b) amounts received by the Commonwealth after the conversion time under section 7 of the Levies and Charges Collection Act in relation to dairy service levy; and
(c) amounts payable by way of penalty under section 15 of the Levies and Charges Collection Act in relation to dairy service levy that are received by the Commonwealth after the conversion time.
old dairy levy amounts means:
(a) amounts of Corporation levy, promotion levy or research levy received by the Commonwealth after the conversion time; and
(b) amounts received by the Commonwealth after the conversion time under section 7 of the Levies and Charges Collection Act in relation to Corporation levy, promotion levy or research levy; and
(c) amounts of Corporation levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 71 of this Act before the conversion time; and
(d) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to Corporation levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 71 of this Act before the conversion time; and
(e) amounts of promotion levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 90 of this Act before the conversion time; and
(f) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to promotion levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 90 of this Act before the conversion time; and
(g) amounts of research levy received by the Commonwealth before the conversion time, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 30 of the
Primary Industries Research and Development Act 1989 before the conversion time; and(h) amounts received by the Commonwealth before the conversion time under section 7 of the Levies and Charges Collection Act in relation to research levy, but in respect of which a corresponding payment had not been made out of the Consolidated Revenue Fund under section 30 of the
Primary Industries Research and Development Act 1989 before the conversion time; and(i) amounts payable to the Dairy Research and Development Corporation under paragraph 30(1)(b) of the
Primary Industries Research and Development Act 1989 before the conversion time, but not paid out of the Consolidated Revenue Fund under that Act before the conversion time.
old first Levy Act means the repealedDairy Produce Levy (No. 1) Act 1986 .
old second Levy Act means the repealedDairy Produce Levy (No. 2) Act 1986 .
promotion levy means promotion levy imposed by Schedule 6 to thePrimary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
relevant dairy produce has the same meaning as in Schedule 6 to thePrimary Industries (Excise) Levies Act 1999 .
research levy means research levy imposed by Schedule 6 to thePrimary Industries (Excise) Levies Act 1999 (as in force before the conversion time), and includes amounts of penalty (if any) payable under the Levies and Charges Collection Act in relation to that levy.
(3) Subject to this Act, words and expressions used in this Act have the same meaning as they have for the purposes of Schedule 6 to the
Primary Industries (Excise) Levies Act 1999 .
(1) This Act binds the Crown in right of the Commonwealth and of each of the States and Territories.
(2) Nothing in this Act renders the Crown in right of the Commonwealth or of a State or Territory liable to be prosecuted for an offence against, or arising under, this Act.
Chapter 2 of the
Criminal Code applies to all offences against this Act.Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
(1) The Minister may, on behalf of the Commonwealth, enter into a contract with an eligible body that provides for the Commonwealth to make payments of the following kinds to the body:
(a) payments referred to as
dairy service payments ;(b) payments made in respect of particular financial years, referred to as
matching payments .Note: After a contract has been entered into, the eligible body can be declared as the industry services body under section 7.
(2) Before entering into the contract, the Minister must be satisfied that the terms of the contract make adequate provision to ensure that:
(a) dairy service payments are spent by the body on marketing, promotion, strategic policy development, research and development activities or other activities, for the benefit of the Australian dairy industry; and
(b) matching payments are spent by the body on:
(i) research and development activities for the benefit of the Australian dairy industry and the Australian community generally; and
(ii) making payments to the Commonwealth under subsection 6(4).
(3) The contract does not have to oblige the Commonwealth to pay the full amounts that could be paid out of the money appropriated under section 6.
Note: For example, the contract may provide for payments less than the limits specified in section 6 to take account of the costs of collecting new dairy levy amounts or old dairy levy amounts and to take account of refunds and payments made in error.
(4) The contract may include provisions relating to assets and liabilities that are transferred to the body under the
Dairy Industry Service Reform Act 2003 . This subsection does not impliedly limit the matters that may be included in the contract.(5) This section does not impliedly limit the executive power of the Commonwealth to enter into agreements.
(6) The Minister must cause a copy of the contract to be tabled in each House of the Parliament within 14 sitting days of that House after the day on which the contract was entered into.
(7) If the contract is varied, the Minister must cause a copy of the contract as varied to be tabled in each House of the Parliament within 14 sitting days of that House after the variation occurred.
(1) The Consolidated Revenue Fund is appropriated for the purposes of payments by the Commonwealth under section 5.
Overall limit for dairy service payments
(2) For dairy service payments, the total limit on the appropriation is the sum of:
(a) the total amount of new dairy levy amounts; and
(b) the total amount of old dairy levy amounts.
Overall limit for matching payments
(3) For matching payments, the total limit on the appropriation is the sum of:
(a) the total amount of new dairy levy amounts; and
(b) the total amount of old dairy levy amounts; and
(c) amounts prescribed by the regulations.
(3A) Subsection (3) does not apply if the eligible body is prescribed by the regulations as a body to which the subsection does not apply.
Matching payments—retention limit
(4) The matching payments made to the eligible body during a particular financial year are subject to the condition that, if:
(a) before the end of 31 October next following the financial year, the Minister determines the amount of the gross value of whole milk produced in Australia in the financial year; and
(b) as at the end of 31 October next following the financial year, the sum of the matching payments that were paid to the eligible body during the financial year exceeds the lesser of:
(i) 0.5% of the amount of the gross value of whole milk produced in Australia in the financial year as determined by the Minister; and
(ii) 50% of the amount spent by the eligible body in the financial year on activities that qualify, under the funding contract, as research and development activities;
the eligible body will pay to the Commonwealth an amount equal to the excess.
Note: This ensures that the sum of the matching payments that are retained by the eligible body in relation to the financial year does not exceed the lesser of the amounts calculated under subparagraphs (b)(i) and (b)(ii).
(4A) If:
(a) before the end of 31 October next following a financial year, the Minister has not determined under subsection (4) the amount of the gross value of whole milk produced in Australia in the financial year; and
(b) the Minister has determined under subsection (4) the amount of the gross value of whole milk produced in Australia in the previous financial year;
the Minister is taken to have made, immediately before the end of that 31 October, a determination under subsection (4) that the amount of the gross value of whole milk produced in Australia in the financial year is equal to the amount of the gross value of whole milk produced in Australia determined under subsection (4) for the previous financial year.
(4B) An amount payable under subsection (4) by the eligible body:
(a) is a debt due to the Commonwealth; and
(b) may be recovered by the Minister, on behalf of the Commonwealth, by action in a court of competent jurisdiction.
(4C) A determination made under subsection (4) is not a legislative instrument.
(5) For the purposes of subsection (4), the regulations may prescribe the manner in which the Minister is to determine the gross value of whole milk produced in Australia in a financial year.
Matching payments—unmatched R&D excess
(6) If there is an unmatched R&D excess for a financial year, the amount spent by the eligible body in the following financial year on activities that qualify, under the funding contract, as research and development activities is taken, for the purposes of this section (including for the purposes of this subsection and subsection (7)), to be increased by the amount of the unmatched R&D excess.
Note: This means that research and development expenditure that is not “50% matched” in one financial year because of the condition in subparagraph (4)(b)(i) can be carried forward into later years.
(7) For the purposes of subsection (6), there is an
unmatched R&D excess for a financial year if:
(a) the eligible body spends a particular amount (the
R&D spend amount ) in the financial year on activities that qualify, under the funding contract, as research and development activities; and(b) because of the operation of subparagraph (4)(b)(i), the net matching payments for the financial year are less than 50% of the R&D spend amount;
and the amount of the unmatched R&D excess is:
Set off
(8) If:
(a) an amount (the
first amount ) is payable by the eligible body under subsection (4); and(b) another amount (the
second amount ) is payable by the Commonwealth to the eligible body under the funding contract;the Minister may, on behalf of the Commonwealth, set off the whole or a part of the first amount against the whole or a part of the second amount.
Net matching payments
(9) For the purposes of this section,
net matching payments for a financial year means the total of the matching payments made to the eligible body during the financial year, less the amount payable by the eligible body under subsection (4) as a condition of those matching payments.
(1) The Minister may, in writing, declare an eligible body to be the industry services body if:
(a) the Commonwealth and the eligible body have entered into a funding contract; and
(b) the Minister is satisfied that, if the body is so declared, it will comply with its obligations under the funding contract and this Act.
Note: Subsection 33(3) of the
Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.
Declaration takes effect immediately
(2) A declaration under this section takes effect immediately after it is made.
Tabling in Parliament
(3) The Minister must cause a copy of a declaration under this section to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the declaration is made.
(1) The industry services body must conduct a poll (the
levy poll ) about the amount of the dairy service levy if a request for the levy poll is made in accordance with the legislative instrument made under this section.(2) The industry services body must conduct the levy poll in accordance with the legislative instrument made under this section.
(3) If the industry services body conducts a levy poll, the body must make recommendations to the Minister about the amount of the dairy service levy within the period specified in the legislative instrument made under this section. The recommendations must be made in accordance with the results of the levy poll.
(4) The Minister may, by legislative instrument, make provision for, or in relation to, the following:
(a) the making of a request for a levy poll;
(b) the conduct of a levy poll;
(c) the making of recommendations to the Minister about the amount of the dairy service levy.
(5) Without limiting paragraph (4)(a), the legislative instrument may make provision for, or in relation to, the following:
(a) the persons or bodies who may request a levy poll;
(b) the circumstances in which a request for a levy poll may or must be made;
(c) the form of a request for a levy poll.
(6) Without limiting paragraph (4)(b), the legislative instrument must include provisions allocating votes to each dairy service levy payer.
(1) The Minister may, by writing, delegate all or any of his or her powers and functions under this Part to:
(a) the Secretary of the Department; or
(b) an SES employee, or acting SES employee, in the Department.
(2) In exercising powers or functions under a delegation, the delegate must comply with any directions of the Minister.
A document that appears to be a declaration or other document made or issued under this Part:
(a) is taken to be such a declaration or other document; and
(b) is taken to have been properly given;
unless the contrary is established.
(1) A copy of each declaration made by the Minister under this Part must be published in the
Gazette not later than the 14th day after the day on which the declaration is made.(2) Failure to comply with this section does not affect the validity of a declaration.
(1) The industry services body must, within 14 days of lodging a financial report (the
annual report ) mentioned in section 292 of theCorporations Act 2001 , give the Minister a copy of the report.(2) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 14 sitting days of that House after the day on which the copy of the report was given to the Minister.
(3) In addition to the matters mentioned in section 295 of the
Corporations Act 2001 , the annual report must include details of the following in relation to the financial year to which the report relates:
(a) the amount of dairy service payments and matching payments made to the industry services body;
(b) the amount of those payments that were spent;
(c) outcomes as measured against objectives that apply in relation to the industry services body.
(1) The Minister must, as soon as practicable after the holding of each annual general meeting of the industry services body, cause to be tabled in each House of the Parliament a report in relation to the year ending on 30 June before the holding of that meeting.
(2) The report must include the following in relation to that year:
(a) a statement as to the amount of dairy service levy received by the Commonwealth;
(b) a statement as to whether the Minister is satisfied, on the basis of information provided by the industry services body, that the spending of dairy service payments and matching payments complies with the funding contract;
(c) if the Minister is not so satisfied—details of why the Minister is satisfied that the spending does not so comply.
(1) For the purposes of this section, for so long as the industry services body is in a position to control the operations of Asia Dairy Industries (H.K.) Limited, a company incorporated in Hong Kong, that company is taken to be the subsidiary company.
(2) If:
(a) the subsidiary company is wound‑up; and
(b) the liabilities of the subsidiary company payable on the winding‑up are not able to be met in full from the assets of the subsidiary company;
the industry services body is liable to meet those liabilities, to the extent that they are not able to be met out of the assets of the subsidiary company, as if the liabilities had been incurred by the industry services body.
(3) Jurisdiction is conferred on the Federal Court and, subject to the Constitution, on the Supreme Courts of the Territories, and the Supreme Courts of the States are invested with federal jurisdiction, in respect of proceedings arising under subsection (2).
(4) The jurisdiction with which a court of a State is invested by subsection (3) is invested within the limits of the jurisdiction of that court, not being limits as to locality.
(1) An authorised person may, by notice in writing, require a person to furnish to that authorised person, within the time specified in the notice, such return or information in relation to matters relevant to the operation of this Act as is specified in the notice, including a return or information verified by statutory declaration.
(2) In this section:
this Act does not include Schedule 2.
(1) If:
(a) it is necessary to determine the milk fat content of dairy produce for the purposes of a provision of:
(i) this Act; or
(ii) Schedule 6 to the
Primary Industries (Excise) Levies Act 1999 ; or(iii) Schedule 4 to the
Primary Industries (Customs) Charges Act 1999 ; or(iv) the old first Levy Act; or
(v) the old second Levy Act; and
(b) it is not practicable to determine the milk fat content of the dairy produce;
the dairy produce is to be taken to have the prescribed milk fat content for dairy produce of that kind.
(2) If:
(a) it is necessary to determine the protein content of dairy produce for the purposes of a provision of:
(i) this Act; or
(ii) Schedule 6 to the
Primary Industries (Excise) Levies Act 1999 ; or(iii) Schedule 4 to the
Primary Industries (Customs) Charges Act 1999 ; or(iv) the old first Levy Act; or
(v) the old second Levy Act; and
(b) it is not practicable to determine the protein content of the dairy produce;
the dairy produce is to be taken to have the prescribed protein content for dairy produce of that kind.
(3) The prescribed milk fat content for dairy produce of a particular kind is:
(a) the milk fat content prescribed in relation to that kind of dairy produce; or
(b) the milk fat content prescribed in relation to a class of dairy produce that includes the particular kind.
(4) The prescribed protein content for dairy produce of a particular kind is:
(a) the protein content prescribed in relation to that kind of dairy produce; or
(b) the protein content prescribed in relation to a class of dairy produce that includes the particular kind.
(1A) This section does not apply to:
(a) Schedule 2; or
(b) regulations made for the purposes of Schedule 2.
(1) A person shall not refuse or fail to submit a return or provide information that is required by or under this Act or the regulations to be submitted or provided.
(1B) Subsection (1) does not apply if the person has a reasonable excuse.
Note: The defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3) of the
Criminal Code .(2) A person is not excused from submitting a return or providing information that the person is required by or under this Act or the regulations to submit or provide on the ground that the return or information might tend to incriminate the person, but any return or information so submitted or provided is not admissible in evidence against the person in:
(a) criminal proceedings other than proceedings for an offence against subsection (1) or (3).
(3) A person shall not intentionally present a document, make a statement or submit a return, knowing that it is false or misleading in a material particular, to a person performing duties in relation to this Act.
Penalty:
(a) in the case of a natural person—imprisonment for 12 months or 20 penalty units, or both; or
(b) in the case of a body corporate—100 penalty units.
(1) An authorised person may, with the consent of the occupier of any premises, enter the premises for the purpose of performing the functions of an authorised person under this section.
(2) Where an authorised person has reason to believe that:
(a) premises are premises in which dairy produce is produced or stored; or
(b) there are on those premises any examinable documents;
the authorised person may make application to a Justice of the Peace for a warrant authorising the authorised person to enter the premises for the purpose of performing the functions of an authorised person under this section.
(3) If, on an application under subsection (2), the Justice of the Peace is satisfied, by information on oath or affirmation:
(a) that there is reasonable ground for believing that:
(i) the premises to which the application relates are premises in which dairy produce is produced or stored; or
(ii) there are on those premises any examinable documents; and
(b) that the issue of the warrant is reasonably required for the purposes of this Act (other than Schedule 2);
the Justice of the Peace may issue a warrant authorising the authorised person, with such assistance as the authorised person thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of performing the functions of an authorised person under this section.
(4) A warrant under subsection (3) shall specify a day after which the warrant ceases to have effect.
(5) Where an authorised person has entered any premises pursuant to subsection (1) or pursuant to a warrant issued under subsection (3), the authorised person may perform the functions of an authorised person under this section.
(6) The functions of an authorised person under this section are:
(a) to search for, examine and take stock of any dairy produce; and
(b) to search for, inspect, take extracts from and make copies of any examinable documents.
(7) In this section,
examinable documents means:
(a) any books, documents or papers relating to financial dealings between a manufacturer of dairy produce and persons who supply to the manufacturer the milk, cream or other substances from which that dairy produce is produced;
(b) any books, documents or papers relating to the financial dealings between a manufacturer of dairy produce and the exporter or exporters of that dairy produce; or
(c) any books, documents or papers relating to the production, storage, sale, purchase, import or export of dairy produce.
(1) This section applies to every person who is or has been an officer or an employee of the industry services body.
(2) Subject to this section, a person to whom this section applies shall not, either directly or indirectly:
(a) make a record of, or divulge or communicate to any person, any information concerning the affairs of a person acquired by that first‑mentioned person by reason of that first‑mentioned person’s office or employment with the industry services body and acquired under or for the purposes of this Act; or
(b) produce to any person:
(i) an application or other document given to the Australian Dairy Corporation by a manufacturer of dairy produce for the purpose of obtaining a market support payment under this Act as in force before the conversion time; or
(ii) an application or other document given to that Corporation by a person for the purposes of section 99 of this Act as in force before the conversion time; or
(iii) a return furnished to that Corporation by an exporter of dairy produce pursuant to section 110 of this Act as in force before the conversion time.
Penalty: Imprisonment for 12 months or 20 penalty units, or both.
(2A) Paragraph (2)(a) does not apply to protected information within the meaning of clause 43 of Schedule 2.
(2B) Subsection (2) does not apply to the recording or disclosure of information, or the production of a document, for a purpose in connection with the administration of:
(a) the DSAP scheme (within the meaning of Schedule 2); or
(aa) the SDA scheme (within the meaning of Schedule 2); or
(b) Schedule 2.
(3) Subsection (2) does not apply to the disclosure of information, or the production of a document, to the Minister, or to the Secretary to the Department or an officer of the Department designated by the Secretary.
(4) Subsection (2) does not prevent the industry services body from making public at any time any information of a statistical nature.
(4A) Subsection (2) does not apply to conduct engaged in for the purposes of this Act or as otherwise required by law.
Note: The defendant bears an evidential burden in relation to the matters in subsections (2A), (2B), (3), (4) and (4A). See subsection 13.3(3) of the
Criminal Code .(5) A person to whom information is communicated under subsection (3) and an employee or other person under the control of that first‑mentioned person are, in respect of that information, entitled to rights and privileges, and subject to obligations and liabilities, under subsection (2) as if they were persons referred to in subsection (1).
(6) An offence against subsection (2) is punishable on summary conviction.
(7) In this section,
produce includes permit access to.
(1) The Minister may, by writing signed by the Minister, appoint a person, or a person included in a class of persons, to be an authorised person for the purposes of this Act or of a specified provision of this Act.
(2) In this section:
this Act does not include Schedule 2.
Schedule 2 has effect.
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;
and, in particular:
(f) requiring producers, manufacturers or purchasers of dairy produce to keep records relating to the production of dairy produce by them and to the storage, sale, purchase, import or export of such dairy produce; and
(g) requiring exporters of dairy produce to keep records relating to the export of dairy produce by them from Australia and to the storage, sale, production, import or export of such dairy produce.
(1) The Minister may give a written direction to the industry services body if:
(a) the Minister:
(i) is satisfied that the direction is in Australia’s national interest because of exceptional and urgent circumstances; and
(ii) is satisfied that the direction would not require the body to incur expenses greater than amounts paid to the body under this Act; and
(iii) has given the body’s directors an adequate opportunity, in accordance with any arrangements set out in the body’s funding contract, to discuss with the Minister the need for the proposed direction and the impact of compliance with subsection (3) on the body’s commercial activities; and
(b) the direction is made for a purpose that is within the Commonwealth’s legislative power.
(2) If the body is given a direction under subsection (1), it must comply with it.
(3) Subject to subsection (4), if the Minister gives a direction to the body under subsection (1):
(a) the Minister must cause a copy of the direction:
(i) to be published in the
Gazette as soon as practicable after giving the direction; and(ii) to be tabled in each House of the Parliament within 5 sitting days of that House after giving the direction; and
(b) the annual reports of the body applicable to periods in which the direction has effect must include:
(i) particulars of the direction; and
(ii) an assessment of the impact that the direction has had on the operations of the body during the period.
(4) Subsection (3) does not apply in relation to a particular direction if:
(a) the Minister, on the recommendation of the industry services body, determines, in writing, that compliance with the subsection would, or would be likely to, prejudice the commercial activities of the body; or
(b) the Minister determines, in writing, that compliance with the subsection would be contrary to the public interest.
(5) The Minister is not to be taken to be a director of the industry services body for the purposes of the
Corporations Act 2001 merely because of the power conferred on the Minister by this section.(6) The Commonwealth is not to be taken to be in a position to exercise control over the industry services body merely because of the power conferred on the Minister by this section.
Note: See section 125A.
The following is a simplified outline of this Schedule:
• This Schedule provides a framework for the implementation of the Dairy Industry Adjustment Program.
• The main object of the Dairy Industry Adjustment Program is to help the dairy industry or dairy communities adjust to deregulation by providing for 4 types of grants, as follows:
(a) DSAP payments (made under this Schedule);
(b) SDA payments (made under this Schedule);
(d) payments under the Dairy Regional Assistance Programme (see clause 86).
• Generally, DSAP payments are calculated by reference to 1998‑1999 milk deliveries at a rate of 46.23 cents per litre for market milk and a national average rate of 8.96 cents per litre for manufacturing milk.
• There are 3 types of SDA payment rights: basic market milk payment rights, additional market milk payment rights and discretionary payment rights.
• The Dairy Adjustment Authority will administer DSAP and SDA payment rights.
• The Dairy Industry Adjustment Program will be funded by a dairy adjustment levy on milk products.
• The levy will be paid into a Dairy Structural Adjustment Fund, and DSAP payments, SDA payments and payments under the Dairy Regional Assistance Programme will be paid out of that Fund.
In this Schedule, unless the contrary intention appears:
annual means per financial year.
business day means a day that is not a Saturday, a Sunday, or a public holiday in the Australian Capital Territory.
claim means a claim for a payment right.
DAA means the Dairy Adjustment Authority established by this Schedule.
DAA Chair means the Chair of the DAA.Note: Section 18B of the
Acts Interpretation Act 1901 deals with how chairs may be referred to.
DAA member means a member of the DAA.
dairy cattle means cattle held for use for the production of milk, or for purposes incidental to the production of milk, and includes:
(a) dairy cows; and
(b) dairy heifers; and
(c) calves that are the progeny of dairy cows; and
(d) bulls used, or held for use, for the purpose of fertilising dairy cows or dairy heifers.
dairy farm enterprise has the meaning given by clause 6.
deliver means:
(a) in relation to market milk—supply as mentioned in whichever of the following is applicable:
(i) paragraph 5(1)(a) of the repealed
Dairy Produce Levy (No. 1) Act 1986 ;(ii) paragraph 6(1)(a) of Schedule 6 to the
Primary Industries (Excise) Levies Act 1999 ; and(b) in relation to manufacturing milk covered by paragraph (a) of the definition of
manufacturing milk in this clause—deliver as mentioned in that paragraph; and(c) in relation to manufacturing milk covered by paragraph (b) of the definition of
manufacturing milk in this clause—use as mentioned in that paragraph.
DSAP claim period has the meaning given by clause 4.
DSAP payment means a payment under the DSAP payment scheme.
DSAP payment start day has the meaning given by clause 3.
DSAP scheme means the scheme referred to in clause 10.
eligible interest in a dairy farm enterprise has the meaning given by clause 7.
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
entity has the meaning given by clause 5.
manufacturing milk means:
(a) relevant dairy produce delivered by the producer to a manufacturer during a month ending before 1 July 2000, in respect of which a domestic market support payment has been paid under section 108A of this Act as in force before the conversion time; or
(b) relevant dairy produce produced by a manufacturer and used by the manufacturer, during a month ending before 1 July 2000, in the manufacture of dairy produce, in respect of which a domestic market support payment has been paid under section 108A of this Act as in force before the conversion time;
other than market milk.
market milk means milk on which levy was imposed by whichever of the following is applicable:
(a) paragraph 5(1)(a) of the repealed
Dairy Produce Levy (No. 1) Act 1986 ;(b) paragraph 6(1)(a) of Schedule 6 to the
Primary Industries (Excise) Levies Act 1999 .
non‑premium component , in relation to the overall enterprise amount of a dairy farm enterprise, means so much of the overall enterprise amount as does not consist of the premium component of the overall enterprise amount.
ordinary DAA member means a DAA member other than the Secretary.
overall enterprise amount , in relation to a dairy farm enterprise, means the sum of:
(a) the amount calculated at the rate of 46.23 cents per litre of market milk delivered by the enterprise in the 1998‑1999 financial year; and
(b) the amount calculated at the rate of 76.03 cents per kilogram of the milk fat content of manufacturing milk delivered by the enterprise in the 1998‑1999 financial year; and
(c) the amount calculated at the rate of 178.77 cents per kilogram of the protein content of manufacturing milk delivered by the enterprise in the 1998‑1999 financial year.
Note 1: It is expected that the result of applying the rates mentioned in paragraphs (b) and (c) will be a national average rate of 8.96 cents per litre of manufacturing milk.
Note 2: See also clause 30 (which deals with the transfer of the whole or part of market milk delivery rights).
Note 3: See also clause 31 (which deals with abnormal market milk pool distributions).
payment right means a payment right under the DSAP scheme or the SDA scheme.
premium component , in relation to the overall enterprise amount of a dairy farm enterprise, means so much of the overall enterprise amount as is attributable to 37.27 cents per litre of market milk delivered by the enterprise in the 1998‑1999 financial year.Note 1: See also clause 30 (which deals with the transfer of the whole or part of market milk delivery rights).
Note 2: See also clause 31 (which deals with abnormal market milk pool distributions).
quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October of any year.
SDA payment means a payment under the SDA scheme.
SDA scheme means the scheme referred to in clause 37B.
Secretary means the Secretary of the Department.
trustee includes an executor and an administrator.
unit means a unit in a payment right.
(1) For the purposes of this Schedule, the
DSAP payment start day means a day to be fixed by Proclamation for the purposes of this subclause.(2) The DSAP payment start day must not be earlier than 1 July 2000.
(3) If the DSAP payment start day is not fixed by a Proclamation published in the
Gazette within the period of 6 months beginning on the day on which theDairy Industry Adjustment Act 2000 receives the Royal Assent, Part 2 of this Schedule is repealed on the first day after the end of that period.(4) To avoid doubt, if:
(a) Part 2 of this Schedule is repealed as a result of the operation of subclause (3); and
(b) an entity was granted a payment right before the repeal;
that payment right is taken never to have come into existence.
(1) The Minister may, by notice published in the
Gazette , declare that a 3‑month period specified in the notice is theDSAP claim period for the purposes of this Schedule.(2) The declaration has effect accordingly.
(1) For the purposes of this Schedule, each of the following is an
entity :
(a) an individual;
(b) a body corporate;
(c) a body politic;
(d) a trustee of a particular trust estate.
(2) A person can have a number of different capacities in which the person does things. In each of those capacities, the person is taken to be a different
entity .Note: For example, take the case of a person who, in addition to his or her personal capacity, is a trustee of 2 trusts. In his or her personal capacity, he or she is one entity. As a trustee of each trust, he or she is a different entity.
(1) For the purposes of this Schedule, a
dairy farm enterprise is a business in Australia that delivers market milk and/or manufacturing milk.
Eligible dairy sharefarming arrangements
(2) For the purposes of this clause, if:
(a) under the DSAP scheme, an arrangement is taken to be an eligible dairy sharefarming arrangement; and
(b) apart from this subclause, that arrangement involves 2 or more businesses;
those businesses are to be treated as a single business.
Eligible dairy leasing arrangements
(3) For the purposes of this clause, if:
(a) under the DSAP scheme, an arrangement is taken to be an eligible dairy leasing arrangement; and
(b) apart from this subclause, that arrangement involves 2 or more businesses;
those businesses are to be treated as a single business.
Continuity of a business or dairy farm enterprise
(4) For the purposes of this Schedule, the continuity of a business or a dairy farm enterprise is not affected by:
(a) any change in the identity of the entity or entities who carry on the business or enterprise; or
(b) any change in the ownership of the business or enterprise.
(1) For the purposes of this Schedule, an entity has an
eligible interest in a dairy farm enterprise if:
(a) both:
(i) under the DSAP scheme, the enterprise is not taken to be subject to an eligible dairy sharefarming arrangement or an eligible leasing arrangement; and
(ii) the entity carries on the enterprise (whether alone or together with one or more other entities); or
(b) both:
(i) under the DSAP scheme, the enterprise is taken to be subject to an eligible dairy sharefarming arrangement; and
(ii) under the DSAP scheme, the entity is taken to be a party to that arrangement; or
(c) both:
(i) under the DSAP scheme, the enterprise is taken to be subject to an eligible dairy leasing arrangement; and
(ii) under the DSAP scheme, the entity is taken to be a party to that arrangement.
(2) For the purposes of this Schedule, if:
(a) an individual had an eligible interest in a dairy farm enterprise at 6.30 pm on 28 September 1999; and
(b) the individual dies after that time, but before making a claim for a payment right;
this Schedule has effect as if the trustee of the deceased individual’s estate had held that interest at that time.
The use of the present tense in a provision of this Part does not imply that the provision does not apply to things happening before the commencement of this Schedule.
The following is a simplified outline of this Division:
• This Division provides a framework for the making of DSAP payments.
• The Minister is required to formulate a scheme (the
DSAP scheme ) for the grant of payment rights to entities who held an eligible interest in a dairy farm enterprise on 28 September 1999.• The DSAP scheme will provide for 3 types of payment rights, as follows:
(a) standard payment rights;
(b) exceptional events supplementary payment rights.
(c) anomalous circumstances payment rights.
• Standard payment rights will be based on milk deliveries in 1998‑1999, and will be worked out by reference to a rate of 46.23 cents per litre for market milk and a national average rate of 8.96 cents per litre for manufacturing milk.
• Exceptional events supplementary payment rights may be granted in cases where, because of exceptional events, the volume of milk deliveries in 1998‑1999 is less than 70% of the average milk deliveries in the 3 previous financial years.
• Anomalous circumstances payment rights may be granted to entities who have been affected by anomalous circumstances.
• Entities who wish to obtain a payment right under the DSAP scheme must undertake a farm business assessment.
• The total value of the payment rights granted to an entity must not exceed $350,000 unless more than 70% of the entity’s total gross income consists of dairy income.
• Payment rights will be divided into units, where each unit has a face value of $32.
• A registered owner of a unit will be entitled to a quarterly payment of $1 for each of the 32 quarters in the 8‑year period beginning on 1 July 2000.
Within 14 days after the commencement of this Schedule, the Minister must, by writing, formulate a scheme (the
DSAP scheme ) for:
(a) the grant of payment rights to entities who:
(i) held an eligible interest in a dairy farm enterprise at 6.30 pm on 28 September 1999; and
(ii) satisfy such other conditions as are set out in the scheme; and
(b) the division of payment rights into units; and
(c) the registration of units; and
(d) the making of payments out of the Dairy Structural Adjustment Fund to registered owners of units.
The DSAP scheme must be directed towards ensuring the achievement of the policy objectives set out in clauses 12 to 23.
(1) This clause sets out a policy objective for the DSAP scheme.
(2) The objective is that there are to be 3 types of payment rights, as follows:
(a) the first type of payment rights are to be known as
standard payment rights ;(b) the second type of payment rights are to be known as
exceptional events supplementary payment rights ;(c) the third type of payment rights are to be known as
anomalous circumstances payment rights .
(1) This clause sets out policy objectives for the DSAP scheme.
Basic eligibility criteria
(2) The first objective is that an entity is not eligible to be granted a standard payment right unless:
(a) the entity held an eligible interest in a dairy farm enterprise at 6.30 pm on 28 September 1999; and
(b) either or both of the following conditions are satisfied:
(i) during the 1998‑1999 financial year, the dairy farm enterprise delivered market milk;
(ii) during the 1998‑1999 financial year, the dairy farm enterprise delivered manufacturing milk.
Calculation of face value
(3) The second objective is that the calculation of the face value of an entity’s standard payment right must be consistent with the following examples:
(a) if the entity is the only entity who had an eligible interest in the dairy farm enterprise at 6.30 pm on 28 September 1999—the face value of the entity’s standard payment right equals the overall enterprise amount;
(b) if:
(i) there are 2 or more entities who had an eligible interest in the dairy farm enterprise at 6.30 pm on 28 September 1999; and
(ii) under the scheme, the enterprise is not taken to be subject to an eligible dairy sharefarming arrangement or an eligible dairy leasing arrangement;
the face value of the first‑mentioned entity’s standard payment right is that entity’s share of the overall enterprise amount, worked out on a basis that corresponds to the basis on which milk revenues were shared between the entities as at 6.30 pm on 28 September 1999;
(c) if:
(i) there are 2 entities who had an eligible interest in the dairy farm enterprise at 6.30 pm on 28 September 1999; and
(ii) under the scheme, the enterprise is taken to be subject to an eligible dairy sharefarming arrangement and those entities are taken to be parties to that arrangement; and
(iii) the first‑mentioned entity is an entity who, under the scheme, is taken to have provided the essential capital contribution required to achieve access to the market milk premium;
the face value of the first‑mentioned entity’s standard payment right is the sum of:
(iv) the premium component of the overall enterprise amount; and
(v) that entity’s share of the non‑premium component of the overall enterprise amount, worked out on a basis that corresponds to the basis on which milk revenues were shared between the entities as at 6.30 pm on 28 September 1999;
(d) if:
(i) there are 2 entities who had an eligible interest in the dairy farm enterprise at 6.30 pm on 28 September 1999; and
(ii) under the scheme, the enterprise is taken to be subject to an eligible dairy sharefarming arrangement and those entities are taken to be parties to that arrangement; and
(iii) the first‑mentioned entity is not an entity who, under the scheme, is taken to have provided the essential capital contribution required to achieve access to the market milk premium;
the face value of the first‑mentioned entity’s standard payment right is that entity’s share of the non‑premium component of the overall enterprise amount, worked out on a basis that corresponds to the basis on which milk revenues were shared between the entities as at 6.30 pm on 28 September 1999;
(e) if:
(i) there are 2 entities who had an eligible interest in the dairy farm enterprise at 6.30 pm on 28 September 1999; and
(ii) under the scheme, the enterprise is taken to be subject to an eligible dairy leasing arrangement and those entities are taken to be parties to that arrangement; and
(iii) the first‑mentioned entity is an entity who, under the scheme, is taken to have provided the essential capital contribution required to achieve access to the market milk premium;
the face value of the first‑mentioned entity’s standard payment right is the premium component of the overall enterprise amount;
(f) if:
(i) there are 2 entities who had an eligible interest in the dairy farm enterprise at 6.30 pm on 28 September 1999; and
(ii) under the scheme, the enterprise is taken to be subject to an eligible dairy leasing arrangement and those entities are taken to be parties to that arrangement; and
(iii) the first‑mentioned entity is not an entity who, under the scheme, is taken to have provided the essential capital contribution required to achieve access to the market milk premium;
the face value of the first‑mentioned entity’s standard payment right is the non‑premium component of the overall enterprise amount.
(4) Paragraphs (3)(c), (d), (e) and (f) deal with common types of arrangements that involve 2 parties. Those paragraphs do not, by implication, limit the capacity of the DSAP scheme to deal with less common types of arrangements that involve 3 or more parties—see clause 34.
Essential capital contribution
(5) In formulating a provision of the DSAP scheme under which an entity is taken to have provided the essential capital contribution required to achieve access to the market milk premium, the Minister must not have regard to any matters other than the following:
(a) whether the entity is the owner of a quota relating to the delivery of market milk;
(b) whether the entity is the owner of the land on which the eligible dairy farm enterprise is carried on;
(c) whether the entity is the owner of a significant proportion of the livestock used in, or for purposes incidental to, the carrying on of the eligible dairy farm enterprise.
(6) For the purposes of paragraph (5)(c), the proportion of livestock owned by a partner in a partnership is taken to be the same as the proportion of the livestock owned by the partnership.
(7) For the purposes of paragraph (5)(c), a proportion of less than 25% is taken not to be a significant proportion.
(1) This clause sets out policy objectives for the DSAP scheme.
Basic eligibility criteria
(2) The first objective is that an exceptional events supplementary payment right must not be granted to an entity in respect of a particular dairy farm enterprise unless:
(a) the entity has already been granted a standard payment right in respect of the enterprise; and
(b) the entity satisfies the DAA that, as a result of one or more events that, under the scheme, are taken to be recognised exceptional events, the volume of market milk and manufacturing milk delivered by the enterprise during the 1998‑1999 financial year is less than 70% of the average annual volume of market milk and manufacturing milk delivered by the enterprise in the following 3 financial years:
(i) the 1997‑1998 financial year;
(ii) the 1996‑1997 financial year;
(iii) the 1995‑1996 financial year.
Total face value of payment rights
(3) The second objective is that the sum of:
(a) the face value of a standard payment right granted to an entity in respect of a particular dairy farm enterprise; and
(b) the total face value of the exceptional events supplementary payment rights granted to the entity in respect of the enterprise;
must not exceed the amount that would have been the total face value of the standard payment right if:
(c) the volume of market milk delivered by the dairy farm enterprise during the 1998‑1999 financial year had equalled the average annual volume of market milk delivered by the enterprise in the following 3 financial years:
(i) the 1997‑1998 financial year;
(ii) the 1996‑1997 financial year;
(iii) the 1995‑1996 financial year; and
(d) the volume of manufacturing milk delivered by the dairy farm enterprise during the 1998‑1999 financial year had equalled the average annual volume of manufacturing milk delivered by the enterprise in the following 3 financial years:
(i) the 1997‑1998 financial year;
(ii) the 1996‑1997 financial year;
(iii) the 1995‑1996 financial year.
Discretionary grant
(4) The third objective is that the grant of an exceptional events payment right is to be at the discretion of the DAA.
(1) This clause sets out policy objectives for the DSAP scheme.
Basic eligibility criteria
(2) The first objective is that an entity is not eligible for the grant of an anomalous circumstances payment right unless:
(a) the entity did not pass the standard DSAP test; and
(b) the entity held an eligible interest in a dairy farm enterprise during the whole or a part of the 1998‑1999 financial year; and
(c) under the scheme, the entity is taken to have been affected by anomalous circumstances.
Standard DSAP test
(3) For the purposes of this clause, an entity
passes the standard DSAP test if, and only if:
(a) the entity held an eligible interest in a dairy farm enterprise at 6.30 pm on 28 September 1999; and
(b) either or both of the following conditions are satisfied:
(i) during the 1998‑1999 financial year, the dairy farm enterprise delivered market milk;
(ii) during the 1998‑1999 financial year, the dairy farm enterprise delivered manufacturing milk.
Discretionary grant
(4) The second objective is that the grant of an anomalous circumstances payment right is to be at the discretion of the DAA.
(1) This clause sets out a policy objective for the DSAP scheme.
(2) The objective is that the total face value of payment rights granted to an entity in respect of a particular dairy farm enterprise must not exceed $350,000 unless a person who, under the scheme, is taken to be a qualified financial adviser certifies in writing that, to the best of the adviser’s knowledge and belief:
(a) the entity has given the adviser full access to the entity’s accounts and financial records; and
(b) the entity passes the 70% dairy income test.
70% dairy income test
(3) For the purposes of this clause, an entity
passes the 70% dairy income test if, and only if:
(a) more than 70% of the total gross income derived by the entity in the 1998‑1999 financial year consisted of eligible dairy income; or
(b) more than 70% of the total gross income derived by the entity in the period comprising:
(i) the 1998‑1999 financial year; and
(ii) the 1997‑1998 financial year; and
(iii) the 1996‑1997 financial year;
consisted of eligible dairy income.
Gross income
(4) For the purposes of subclause (3), the gross income derived by an entity is to be worked out in accordance with:
(a) generally accepted accounting principles; or
(b) if, under the scheme, the generally accepted accounting principles are taken to be modified for the purposes of the scheme—those principles as so modified.
Eligible dairy income
(5) For the purposes of this clause,
eligible dairy income means:
(a) proceeds from the sale of market milk; and
(b) proceeds from the sale of manufacturing milk; and
(c) proceeds from the sale or lease of dairy cattle; and
(d) dividends payable in respect of shares in bodies that, under the scheme, are taken to be eligible dairy cooperatives; and
(e) dividends payable in respect of shares in companies that, under the scheme, are taken to be eligible dairy companies;
(f) an amount that, under the scheme, is taken to be the income test value of a bonus share issued by a company that, under the scheme, is an eligible dairy cooperative;
(g) an amount that, under the scheme, is taken to be the income test value of a bonus share issued by a company that, under the scheme, is an eligible dairy company.
Shares issued in lieu of payment for the sale of milk
(6) For the purposes of this clause, if a share in a body or company that, under the scheme, is taken to be:
(a) an eligible dairy cooperative; or
(b) an eligible dairy company;
is issued to a shareholder in the cooperative or company in lieu of a particular payment for the sale of market milk or manufacturing milk:
(c) the shareholder is taken to have derived an amount, by way of proceeds from the sale of that milk, equal to the amount of that payment; and
(d) those proceeds are taken to be gross income according to generally accepted accounting principles.
Bonus shares
(7) For the purposes of this clause, if a bonus share in a body or company that, under the scheme, is taken to be:
(a) an eligible dairy cooperative; or
(b) an eligible dairy company;
is issued to a shareholder in the cooperative or company:
(c) the shareholder is taken to have derived an amount of income equal to the amount that, under the scheme, is the income test value of the bonus share; and
(d) that amount of income is taken to be gross income according to generally accepted accounting principles.
False or misleading statements in certificates
(8) For the purposes of clause 50, a statement made in a certificate of a kind referred to in subclause (2) of this clause is taken to be made to a person who was exercising powers, or performing functions, under or in connection with the DSAP scheme.
Note: Clause 50 deals with false or misleading statements.
(9) For the purposes of section 136.1 of the
Criminal Code , a statement made in a certificate of a kind referred to in subclause (2) of this clause is taken to be a statement made in connection with a claim for a payment right.Note: Section 136.1 of the
Criminal Code deals with false or misleading statements.
(1) This clause sets out policy objectives for the DSAP scheme.
(2) The first objective is that an entity is not eligible for the grant of a payment right unless:
(a) the entity has complied with such rules as are set out in the scheme in relation to the carrying out of a farm business assessment by a person who, under the scheme, is taken to be a qualified financial adviser; or
(b) a person who, under the scheme, is taken to be a qualified financial adviser has certified in writing that the entity has complied with such rules as are set out in the scheme in relation to the carrying out by the entity of a farm business assessment; or
(c) under the scheme, the entity is exempt from carrying out a farm business assessment.
Note: For example, the DSAP scheme may provide that an entity who has exited the dairy industry is exempt from carrying out a farm business assessment.
Compliance after making claim
(3) The second objective is that an entity is not to be prevented from making a claim for the grant of a payment right at a time when the entity has not complied with requirements mentioned in subclause (2), so long as those requirements are complied with before the time ascertained in accordance with the scheme.
False or misleading statements in certificates
(4) For the purposes of clause 50, a statement made in a certificate of a kind referred to in paragraph (2)(b) of this clause is taken to be made to a person who was exercising powers, or performing functions, under or in connection with the DSAP scheme.
Note: Clause 50 deals with false or misleading statements.
(5) For the purposes of section 136.1 of the
Criminal Code , a statement made in a certificate of a kind referred to in paragraph (2)(b) of this clause is taken to be a statement made in connection with a claim for a payment right.Note: Section 136.1 of the
Criminal Code deals with false or misleading statements.
(1) This clause sets out policy objectives for the DSAP scheme.
(2) The first objective is that each payment right is to be divided into units, where each unit has a face value of $32.
(3) The second objective is that the number of units into which a payment right is divided is to be worked out as follows:
(a) divide the number of dollars in the face value of the payment right by 32;
(b) if the result of the division is a whole number—that number is the number of units in the payment right;
(c) if the result of the division is less than 1—there is 1 unit in the payment right;
(d) if the result of the division is greater than 1, but is not a whole number:
(i) round the result of the division up or down to the nearest whole number (rounding up in the case exactly half‑way between 2 whole numbers); and
(ii) the rounded number is the number of units in the payment right.
(1) This clause sets out a policy objective for the DSAP scheme.
(2) The objective is that a payment right is to be granted subject to the powers of cancellation conferred on the DAA under the authority of clauses 50, 51 and 52.
Note 1: Clause 50 deals with cancellation of units because of the making of a false statement.
Note 2: Clause 51 deals with cancellation of units because of an error made by the DAA.
Note 3: Clause 52 deals with cancellation of units because of a breach of an undertaking to dispose of the units.
(1) This clause sets out policy objectives for the DSAP scheme.
(2) The first objective is that a payment right relating to a particular dairy farm enterprise must not be granted to an entity unless the entity, or a person acting on behalf of the entity, makes a claim for the payment right:
(a) during the DSAP claim period; or
(b) if:
(i) one or more units in another payment right were cancelled as authorised under clause 50 or 51; and
(ii) the other payment right relates to the enterprise; and
(iii) the DAA allows the claim for the first‑mentioned payment right to be made within a particular period after the end of the DSAP claim period;
within that particular period.
(3) The second objective is that DSAP payments are not to be made before the DSAP payment start day.
(4) The third objective is that DSAP payments are not to be made in respect of a quarter that is later than the quarter ending on 30 June 2008.
(5) Subclause (2) does not prevent the DSAP scheme from making provision for the amendment of claims.
(1) This clause sets out policy objectives for the DSAP scheme.
Register
(2) The first objective is that the DAA is to keep a register in which the DAA includes particulars of units.
Registration of ownership
(3) The second objective is that an entity’s ownership of a unit is not to be counted for the purposes of the scheme unless that ownership is entered on the register.
(4) The third objective is that the transfer of the ownership of a unit is not to be registered unless:
(a) the transferee is an eligible entity; or
(b) the transferee gives the DAA a written undertaking to assign the unit to an eligible entity within 60 days after the transfer is registered.
Note: For enforcement of the undertaking, see clause 52.
Registration of charges
(5) The fourth objective is that the scheme may provide for the registration of charges over units.
Inspection of register
(6) The fifth objective is that an entry on the register relating to a unit is to be open for inspection in the following circumstances:
(a) the owner of the unit consents to the entry being open for inspection;
(b) such circumstances as are set out in the scheme.
Form of register
(7) The sixth objective is that the DAA may keep the register in electronic form or otherwise.
No declaration of trust in respect of unit
(8) The seventh objective is that:
(a) the owner of a unit must not dispose of a unit by way of declaration of trust; and
(b) if a purported disposal contravenes the rule in paragraph (a), it is of no effect.
Beneficial interest in unit must not be transferred independently of legal interest
(9) The eighth objective is that:
(a) a beneficial interest in a unit must not be transferred independently of the legal interest in the unit; and
(b) if a purported transfer contravenes the rule in paragraph (a), it is of no effect.
Definition
(10) In this clause:
eligible entity means an entity included in a class of entities declared by the DSAP scheme to be entities who are eligible to become transferees of units.
(1) This clause sets out policy objectives for the DSAP scheme.
Public information program
(2) The first objective is that the DAA is to conduct a public information program about the scheme.
DAA to obtain and record information
(3) The second objective is that the DAA is to obtain and record information that:
(a) is likely to assist entities in making claims for payment rights; or
(b) is likely to assist the DAA in determining claims for payment rights.
Formal invitations to make claims
(4) The third objective is that:
(a) if the DAA has reasonable grounds to believe, on the basis of the information referred to in subclause (4), that it may be in the interests of an entity for the entity to make a claim for a payment right; and
(b) if the DAA were to give the entity a formal invitation to make such a claim, there would be sufficient time for the claim to be made before the end of the DSAP claim period;
the DAA must make all reasonable efforts to give the entity a formal invitation to make such a claim.
(5) The fourth objective is that an entity who does not receive a formal invitation is not to be prevented from making a claim for a payment right.
(1) This clause sets out policy objectives for the DSAP scheme.
Payment rights not to be granted within 30 days after the end of the DSAP claim period
(2) The first objective is that a payment right must not be granted before the end of the 30‑day period beginning at the end of the DSAP claim period.
Initial payment day
(3) The second objective is that there is to be an
initial payment day for each payment right, worked out as follows:
(a) if, during the 28‑day period beginning at the end of the 30‑day period mentioned in subclause (2), the DAA does not receive a request to reconsider its decision to grant the payment right:
(i) the initial payment day is the first day after the end of that 28‑day period; or
(ii) if that first day is earlier than the DSAP payment start day, the initial payment day is the DSAP payment start day;
(b) if, during the 28‑day period beginning at the end of the 30‑day period mentioned in subclause (2), the DAA receives a request to reconsider its decision to grant the payment right:
(i) the initial payment day is the day ascertained in accordance with the scheme; or
(ii) if that day is earlier than the DSAP payment start day, the initial payment day is the DSAP payment start day.
DSAP payments in respect of early quarters
(4) The third objective is that, if an entity is the registered owner of a unit in a payment right on the initial payment day for the payment right, the entity is entitled to be paid, out of the Dairy Structural Adjustment Fund, in relation to that unit, the sum of:
(a) $1 in respect of the quarter in which the initial payment day occurred; and
(b) if there is an earlier quarter in the period:
(i) beginning on 1 July 2000; and
(ii) ending on 30 June 2008;
$1 in respect of that earlier quarter.
DSAP payments in respect of later quarters
(5) The fourth objective is that, if:
(a) an entity is the registered owner of a unit in a payment right on the first day of a quarter in the period:
(i) beginning on the DSAP payment start day; and
(ii) ending on 30 June 2008; and
(b) that quarter is later than the quarter in which the initial payment day for the right occurred;
the entity is entitled to be paid, out of the Dairy Structural Adjustment Fund, in relation to that unit, $1 in respect of that quarter.
When a DSAP payment becomes due to be paid
(6) The fifth objective is that, if an entity is entitled to be paid a DSAP payment, the day on which that payment is due to be paid:
(a) is to be ascertained in accordance with the scheme; and
(b) must not be later than the end of the 10th business day after:
(i) if subclause (4) applies—the initial payment day concerned; or
(ii) if subclause (5) applies—the first day of the quarter concerned.
DSAP payments are debts
(7) The sixth objective is that, if a DSAP payment is due to be paid to an entity, the payment may be recovered, as a debt due to the entity, by action in a court of competent jurisdiction.
Death of recipient of DSAP payment
(8) The seventh objective is that, if an individual is entitled to receive a DSAP payment and the payment has not been made at the date of the death of the individual, the amount of that payment is payable to the legal personal representative of the individual.
The DSAP scheme may make provision with respect to a matter by conferring on the DAA a power to make a decision of an administrative character.
(1) The DSAP scheme must contain provisions under which:
(a) an entity who is affected by a decision of the DAA under the scheme may, if dissatisfied with the decision, by notice given to the DAA within such period as is ascertained in accordance with the scheme, request the DAA to reconsider the decision; and
(b) the DAA is required to reconsider the decision and is empowered to confirm or revoke the decision or to vary the decision in such manner as the DAA thinks fit; and
(c) applications may be made to the Administrative Appeals Tribunal for review of decisions of the DAA that have been confirmed or varied as mentioned in paragraph (b).
(2) The period mentioned in paragraph (1)(a) must be 28 days after the day on which the decision first comes to the attention of the entity concerned.
(3) The DSAP scheme must provide that the reasons for making a request mentioned in paragraph (1)(a) must be set out in the request.
(4) If a request is made as mentioned in paragraph (1)(a) in respect of a decision, section 41 of the
Administrative Appeals Tribunal Act 1975 applies as if the making of the request were the making of an application to the Administrative Appeals Tribunal for a review of that decision.(5) The DSAP scheme must provide that, if the DAA does not confirm, revoke or vary a decision before the end of the period of 60 days after the day on which the DAA received the request to reconsider the decision, the DAA is taken, at the end of that period, to have confirmed the decision.
(6) The DSAP scheme must provide that, if the DAA confirms, revokes or varies the decision before the end of the period referred to in subclause (5), the DAA must, by notice given to the applicant, inform the applicant of the result of the reconsideration of the decision and the reasons for confirming, revoking or varying the decision, as the case may be.
(7) If, because of the operation of a provision covered by subclause (5), a decision is taken to be confirmed, section 29 of the
Administrative Appeals Tribunal Act 1975 applies as if the prescribed time for making application for review of the decision were the period:
(a) commencing on the day on which the decision is taken to have been confirmed; and
(b) ending on the 28th day after that day.
(1) The DSAP scheme must provide that, if:
(a) written notice is given to an entity affected by a decision of the DAA under the scheme; and
(b) that notice is to the effect that the decision has been made;
that notice must include a statement to the effect that:
(c) the entity may, if dissatisfied with the decision, seek a reconsideration of the decision by the DAA; and
(d) the entity may, subject to the
Administrative Appeals Tribunal Act 1975 , if dissatisfied with a decision made by the DAA upon that reconsideration confirming or varying the first‑mentioned decision, make application to the Administrative Appeals Tribunal for review of the decision so confirmed or varied.
(2) The DSAP scheme must provide that, if:
(a) the DAA confirms or varies a decision as mentioned in paragraph 25(1)(b); and
(b) gives to the entity written notice of the confirmation or variation of the decision;
that notice must include a statement to the effect that the entity may, subject to the
Administrative Appeals Tribunal Act 1975 , if dissatisfied with the decision so confirmed or varied, make application to the Administrative Appeals Tribunal for review of the decision.
(3) A failure to include a statement in a notice as mentioned in subclause (1) or (2) does not affect the validity of a decision.
(1) The DSAP scheme may provide for fees.
(2) The amount of a fee under the DSAP scheme must not be such as to amount to taxation.
The DSAP scheme may provide for statements in claims to be verified by statutory declaration.
(1) The DSAP scheme may make provision for the methods by which DSAP payments may be made.
(2) The DSAP scheme may require that DSAP payments be made using an electronic funds transfer system.
(3) Subclause (2) does not limit subclause (1).
(1) The DSAP scheme may make provision for and in relation to the adjustment of eligibility for payment rights in relation to the transfer of the whole or part of market milk delivery rights.
(2) Those provisions may include (but are not limited to):
(a) treating the transferor’s dairy farm enterprise, for the purposes of this Part and the scheme, as if the enterprise had delivered a particular volume of manufacturing milk during a particular financial year instead of a particular volume of market milk; and
(b) treating the transferee’s dairy farm enterprise, for the purposes of this Part and the scheme, as if the enterprise had delivered a particular volume of market milk during a particular financial year.
(3) In this clause:
this Part includes:
(a) the definition of
overall enterprise amount in clause 2; and(b) the definition of
premium component in clause 2.
(1) The DSAP scheme may make provision for and in relation to the adjustment of eligibility for payment rights in relation to a distribution that, under the scheme, is taken to be an abnormal market milk pool distribution.
(2) Those provisions may include (but are not limited to):
(a) treating a particular dairy farm enterprise, for the purposes of this Part and the scheme, as if the enterprise had delivered a particular volume of market milk during a particular financial year instead of a particular volume of manufacturing milk; and
(b) treating a particular dairy farm enterprise, for the purposes of this Part and the scheme, as if the enterprise had delivered a particular volume of manufacturing milk during a particular financial year instead of a particular volume of market milk.
(3) In this clause:
this Part includes:
(a) the definition of
overall enterprise amount in clause 2; and(b) the definition of
premium component in clause 2.
(1) The DSAP scheme may make provision for and in relation to the adjustment of eligibility for payment rights in relation to the death of an individual who held an eligible interest in a dairy farm enterprise at 6.30 pm on 28 September 1999.
(2) Those provisions may include (but are not limited to) treating the trustee of the deceased individual’s estate, for the purposes of this Part and the scheme, as if the trustee had done particular things.
(3) In this clause:
this Part includes:
(a) the definition of
overall enterprise amount in clause 2; and(b) the definition of
premium component in clause 2.
The DSAP scheme may contain such ancillary or incidental provisions as the Minister considers appropriate.
Clauses 11 to 33 (inclusive) do not, by implication, limit clause 10.
(1) The DSAP scheme may be varied, but not revoked, in accordance with subsection 33(3) of the
Acts Interpretation Act 1901 .(2) Subclause (1) does not limit the application of subsection 33(3) of the
Acts Interpretation Act 1901 to other instruments under this Act.(3) To avoid doubt, the DSAP scheme may be varied after the end of the period of 14 days beginning on the commencement of this Schedule.
An instrument under clause 10 is a legislative instrument.
The use of the present tense in a provision of this Division does not imply that the provision does not apply to things happening before the commencement of this Schedule.
The following is a simplified outline of this Division:
• This Division provides a framework for the making of SDA payments.
• The Minister is required to formulate a scheme (the
SDA scheme ) for the grant of the following types of payment rights to entities:
(aa) basic market milk payment rights;
(a) additional market milk payment rights;
(b) discretionary payment rights.
• Additional market milk payment rights will be based on market milk deliveries in 1998‑1999, and will range from 0.12 cents per litre to 12 cents per litre depending on the percentage of market milk deliveries in that year.
• Discretionary payment rights may be granted to entities in the circumstances set out in clause 37G.
• Payment rights will be divided into units, where each unit has a face value of $32.
• Payments will be made to registered owners of units in accordance with the SDA scheme.
The Minister must, by writing, formulate a scheme (the
SDA scheme ) for:
(a) the grant of payment rights to entities who satisfy the conditions set out in the scheme; and
(b) the division of payment rights into units; and
(c) the registration of units; and
(d) the making of payments out of the Dairy Structural Adjustment Fund to registered owners of units.
The SDA scheme must be directed towards ensuring the achievement of the policy objectives set out in clauses 37D to 37P.
7 Nov 1989 | — | |||
Primary Industries and Energy Legislation Amendment Act (No. 2) 1989 | 15, 1990 | 17 Jan 1990 | Sch 1: 17 Jan 1990 (s 2(1)) | — |
Primary Industries and Energy Research and Development Act 1989 | 17, 1990 | 17 Jan 1990 | ss. 9, 26(2), 31(2), 36(2), 39(2), Part 3 (ss. 92–121) and s. 156: 1 July 1990 Remainder: Royal Assent | — |
Primary Industries Levies and Charges Collection (Consequential Provisions) Act 1991 | 26, 1991 | 1 Mar 1991 | 1 July 1991 ( | s. 7 |
Primary Industries Legislation Amendment Act 1991 | 39, 1991 | 27 Mar 1991 | ss. 3(1) and 4: 1 July 1991 Remainder: Royal Assent | s. 5 |
Dairy Produce Amendment Act 1992 | 67, 1992 | 26 June 1992 | s. 6: 1 July 1992 Remainder: Royal Assent | — |
Dairy Produce Amendment Act 1993 | 16, 1993 | 9 June 1993 | 9 June 1993 | — |
Primary Industries and Energy Legislation Amendment Act 1993 | 94, 1993 | 16 Dec 1993 | Parts 11 and 12 (ss. 47–65): 1 Jan 1994 s. 69(1)(b): 1 July 1989 Remainder: Royal Assent | — |
Dairy Produce (World Trade Organization Amendments) Act 1994 | 153, 1994 | 13 Dec 1994 | 1 Jan 1995 ( | — |
Dairy Produce Amendment Act 1995 | 45, 1995 | 21 June 1995 | 1 July 1995 | — |
Dairy Produce Amendment Act 1996 | 3, 1996 | 6 June 1996 | 1 July 1995 (s 2) | Sch 1 (item 4) |
Statute Law Revision Act 1996 | 43, 1996 | 25 Oct 1996 | Sch 4 (item 57): 25 Oct 1996 (s 2(1)) | — |
Audit (Transitional and Miscellaneous) Amendment Act 1997 | 152, 1997 | 24 Oct 1997 | Sch 2 (items 662–695): 1 Jan 1998 (s 2(2)) | — |
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998 | 102, 1998 | 30 July 1998 | 30 July 1998 | — |
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 1999 | 4, 1999 | 31 Mar 1999 | 31 Mar 1999 | — |
Primary Industries Levies and Charges (Consequential Amendments) Act 1999 | 32, 1999 | 14 May 1999 | Sch 11: 1 July 1999 (s 2(1)) | — |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (items 359, 360): 5 Dec 1999 (s 2(1), (2)) | — |
Corporate Law Economic Reform Program Act 1999 | 156, 1999 | 24 Nov 1999 | Sch 10 (items 71–75): 13 Mar 2000 (s 2(2)(c) and gaz 2000, No S114) | — |
Dairy Industry Adjustment Act 2000 | 22, 2000 | 3 Apr 2000 | 3 Apr 2000 | Sch. 1 (item 18) |
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 | 137, 2000 | 24 Nov 2000 | Sch 2 (items 166–168, 418, 419): 24 May 2001 (s 2(3)) | Sch 2 (items 418, 419) |
Corporations (Repeals, Consequentials and Transitionals) Act 2001 | 55, 2001 | 28 June 2001 | s 4–14 and Sch 3 (item 166): 15 July 2001 (s 2(1), (3)) | s 4–14 |
Dairy Produce Legislation Amendment (Supplementary Assistance) Act 2001 | 94, 2001 | 20 July 2001 | 20 July 2001 | — |
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001 | 115, 2001 | 18 Sept 2001 | 16 Oct 2001 | s. 4 |
Dairy Industry Legislation Amendment Act 2002 | 84, 2002 | 10 Oct 2002 | 10 Oct 2002 | — |
| ||||
| 38, 2003 | 2 May 2003 | Sch 6: 10 Oct 2002 (s 2(1) item 10) | — |
Dairy Industry Service Reform Act 2003 | 32, 2003 | 15 Apr 2003 | Sch 1: 1 July 2003 (gaz 2003, No S228) Remainder: Royal Assent | Sch 1 (items 127–129) |
Dairy Produce Amendment Act 2004 | 32, 2004 | 20 Apr 2004 | Sch 2 and 3: 1 July 2003 (s 2(1) item 3) Remainder: 20 Apr 2004 (s 2(1) items 1, 2) | Sch 1 (item 3) |
Dairy Adjustment Levy Termination Act 2008 | 123, 2008 | 25 Nov 2008 | Sch 1: 26 Nov 2008 (s 2(1) item 2) | Sch 1 (item 3) |
Financial Framework Legislation Amendment Act (No. 2) 2012 | 82, 2012 | 28 June 2012 | Sch 1 (items 33–42): 29 June 2012 (s 2(1) item 2) | Sch 1 (items 41, 42) |
Privacy Amendment (Enhancing Privacy Protection) Act 2012 | 197, 2012 | 12 Dec 2012 | Sch 5 (item 27) and Sch 6 (items 15–19): 12 Mar 2014 (s 2(1) items 3, 19) Sch 6 (item 1): 12 Dec 2012 (s 2(1) item 16) | Sch 6 (items 1, 15–19) |
Statute Law Revision Act 2013 | 103, 2013 | 29 June 2013 | Sch 3 (items 95–98, 343): 29 June 2013 (s 2(1) item 16) | Sch 3 (item 343) |
Rural Research and Development Legislation Amendment Act 2013 | 146, 2013 | 13 Dec 2013 | Sch 2 (item 1), Sch 5 (items 1, 2) and Sch 7 (item 5): 13 Dec 2013 (s 2(1) items 2, 3, 6) | — |
Farm Household Support (Consequential and Transitional Provisions) Act 2014 | 13, 2014 | 28 Mar 2014 | Sch 2 (items 7–30): 1 July 2014 (s 2(1) item 3) | Sch 2 (items 9, 24 and 26) |
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 8 (items 97, 98) and Sch 14: 1 July 2014 (s 2(1) item 6, 14) | Sch 14 |
| ||||
| 36, 2015 | 13 Apr 2015 | Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
| ||||
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |
Omnibus Repeal Day (Autumn 2014) Act 2014 | 109, 2014 | 16 Oct 2014 | Sch 1(items 1–3): 17 Oct 2014 (s 2(1) item 2) | — |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 163): 5 Mar 2016 (s 2(1) item 2) | — |
Statute Law Revision Act (No. 2) 2015 | 145, 2015 | 12 Nov 2015 | Sch 1 (item 6): 10 Dec 2015 (s 2(1) item 2) | — |
Export Control Amendment (Quotas) Act 2015 | 167, 2015 | 11 Dec 2015 | Sch 1 (item 9): 1 Jan 2017 (s 2(1) item 5) Sch 1 (item 13): 12 Dec 2015 (s 2(1) item 8) | Sch 1 (item 13) |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 110–112, 362) and Sch 6 (item 2): 10 Mar 2016 (s 2(1) item 6) | — |
Dairy Produce Amendment (Dairy Service Levy Poll) Act 2016 | 30, 2016 | 23 Mar 2016 | Sch 1: 23 Sept 2016 (s 2(1) item 2) | — |
Primary Industries Levies and Charges Collection Amendment Act 2016 | 56, 2016 | 16 Sept 2016 | Sch 1 (items 9, 10): 17 Sept 2016 (s 2(1) item 2) | Sch 1 (item 10) |
Statute Update Act 2016 | 61, 2016 | 23 Sept 2016 | Sch 1 (items 191–193): 21 Oct 2016 (s 2(1) item 1) | — |
Statute Update (Winter 2017) Act 2017 | 93, 2017 | 23 Aug 2017 | Sch 1 (item 10): 20 Sept 2017 (s 2(1) item 2) | — |
Title......................................... | am. No. 22, 2000; No. 32, 2003 |
s. 3........................................... | am. No. 141, 1987; Nos. 129 and 130, 1989; No. 17, 1990; Nos. 26 and 39, 1991; No. 16, 1993; No. 153, 1994; No. 45, 1995; No. 152, 1997; No. 157, 1997; No. 32, 1999; No. 22, 2000; No. 32, 2003; No 146, 2013; No 109, 2014 |
s. 4A........................................ | ad. No. 115, 2001 |
Part II....................................... | rs. No. 32, 2003 |
s. 5........................................... | am. No. 152, 1997 |
rs. No. 32, 2003 | |
am. No. 82, 2012 | |
s. 6........................................... | rs. No. 32, 2003 |
am. No. 82, 2012; No 146, 2013 | |
s. 7........................................... | am. No. 84, 2002 |
rs. No. 32, 2003 | |
s 8............................................ | rs No 32, 2003 |
rep No 56, 2016 | |
Division 3................................. | rs No 30, 2016 |
s 9............................................ | rs. No. 32, 2003; No 30, 2016 |
s. 10......................................... | am. No. 39, 1991 |
rs. No. 32, 2003 | |
s. 11......................................... | rs. No. 32, 2003 |
s. 12......................................... | am. No. 141, 1987; No. 152, 1997 |
rs. No. 32, 2003 | |
s. 13......................................... | rs. No. 32, 2003 |
s. 14......................................... | am. No. 39, 1991 |
rs. No. 32, 2003 | |
s. 15......................................... | rep. No. 32, 2003 |
s. 16......................................... | am. No. 39, 1991; No. 152, 1997 |
rep. No. 32, 2003 | |
s. 17......................................... | am. No. 39, 1991; No. 16, 1993 |
rep. No. 32, 2003 | |
ss. 18–22................................... | rep. No. 32, 2003 |
s. 23......................................... | am. No. 39, 1991 |
rep. No. 32, 2003 | |
ss. 24–26................................... | rep. No. 32, 2003 |
s. 27......................................... | am. No. 39, 1991 |
rep. No. 32, 2003 | |
Part III...................................... | rep. No. 32, 2003 |
ss. 28–32................................... | rep. No. 32, 2003 |
s. 33......................................... | am. No. 141, 1987; No. 39, 1991; No. 102, 1998 |
rep. No. 32, 2003 | |
s. 34......................................... | rep. No. 32, 2003 |
s. 35......................................... | rs. No. 152, 1997 |
am. No. 156, 1999 | |
rep. No. 32, 2003 | |
s. 36......................................... | am. No. 168, 1986 |
rep. No. 32, 2003 | |
s. 37......................................... | rep. No. 32, 2003 |
s. 38......................................... | am. No. 141, 1987; No. 39, 1991; No. 152, 1997; No. 156, 1999 |
rep. No. 32, 2003 | |
s. 39......................................... | rep. No. 32, 2003 |
s. 40......................................... | am. No. 152, 1997 |
rep. No. 32, 2003 | |
s. 41......................................... | am. No. 39, 1991 |
rep. No. 32, 2003 | |
s. 42......................................... | rep. No. 32, 2003 |
s. 43......................................... | am. No. 39, 1991 |
rep. No. 32, 2003 | |
ss. 44, 45................................... | rep. No. 32, 2003 |
s. 46......................................... | am. No. 152, 1997; No. 156, 1999 |
rep. No. 32, 2003 | |
Part IV...................................... | rep. No. 32, 2003 |
s. 47......................................... | am. No. 43, 1996; No. 152, 1997; No. 102, 1998; No. 156, 1999 |
rep. No. 32, 2003 | |
ss. 48, 49................................... | rep. No. 32, 2003 |
s. 50......................................... | am. No. 102, 1998 |
rep. No. 32, 2003 | |
ss. 50A, 50B.............................. | ad. No. 39, 1991 |
rep. No. 32, 2003 | |
Part V....................................... | rep No 167, 2015 |
s. 51......................................... | am. No. 141, 1987 |
rs. No. 32, 2003 | |
rep No 167, 2015 | |
s. 51A....................................... | ad. No. 162, 1987 |
rep. No. 32, 2003 | |
s. 52......................................... | rs. No. 32, 2003 |
rep No 167, 2015 | |
s. 53......................................... | am. No. 39, 1991 |
rs. No. 32, 2003 | |
am No 4, 2016 | |
rep No 167, 2015 | |
s. 54......................................... | am. No. 115, 2001 |
rs. No. 32, 2003 | |
rep No 167, 2015 | |
s. 55......................................... | am. No. 115, 2001 |
rep. No. 32, 2003 | |
ss. 56–58................................... | rep. No. 32, 2003 |
s. 59......................................... | am. No. 162, 1987 |
rep. No. 32, 2003 | |
s. 60......................................... | am. No. 32, 2003 |
rep No 167, 2015 | |
Part VI heading.......................... | rs. No. 26, 1991 |
Division 1................................. | rep. No. 26, 1991 |
s. 61......................................... | rep. No. 26, 1991 |
ss. 62, 63................................... | am. No. 15, 1990 |
rep. No. 26, 1991 | |
s. 64......................................... | rep. No. 26, 1991 |
s. 65......................................... | am. No. 114, 1988; No. 17, 1990 |
rep. No. 26, 1991 | |
Division 2 heading..................... | rep. No. 26, 1991 |
ss. 66–69................................... | rep. No. 26, 1991 |
Part VI...................................... | rep. No. 45, 1995 |
s. 70......................................... | rep. No. 45, 1995 |
Part VII.................................... | rep. No. 32, 2003 |
s. 71......................................... | am. No. 51, 1988; No. 26, 1991; No. 32, 1999 |
rep. No. 32, 2003 | |
s. 72......................................... | am. No. 16, 1993 |
rep. No. 152, 1997 | |
s. 73......................................... | rep. No. 152, 1997 |
s. 74......................................... | am. No. 51, 1988; No. 26, 1991; No. 16, 1993; No. 45, 1995; No. 152, 1997; No. 32, 1999; No. 22, 2000 |
rep. No. 32, 2003 | |
ss. 75–78................................... | rep. No. 32, 2003 |
s. 79......................................... | rs. No. 16, 1993 |
rep. No. 32, 2003 | |
s. 80......................................... | am. No. 45, 1995; No. 152, 1997 |
rep. No. 32, 2003 | |
s. 81......................................... | rep. No. 152, 1997 |
s. 82......................................... | am. No. 141, 1987; No. 111, 1988; No. 39, 1991 |
rep. No. 152, 1997 | |
s. 83......................................... | rep. No. 32, 2003 |
s. 84......................................... | rep. No. 16, 1993 |
s. 85......................................... | am. No. 16, 1993 |
rs. No. 152, 1997 | |
rep. No. 32, 2003 | |
ss. 86, 87................................... | am. No. 152, 1997 |
rep. No. 32, 2003 | |
s. 88......................................... | am. No. 141, 1987; No. 17, 1990; No. 39, 1991; No. 67, 1992; No. 94, 1993; No. 45, 1995; No. 152, 1997; No. 32, 1999; No. 84, 2002 |
rep. No. 32, 2003 | |
s. 89......................................... | am. No. 152, 1997 |
rep. No. 32, 2003 | |
s. 90......................................... | am. No. 51, 1988; No. 26, 1991; No. 152, 1997; No. 32, 1999 |
rep. No. 32, 2003 | |
s. 91......................................... | am. No. 51, 1988; No. 67, 1992; No. 45, 1995; No. 152, 1997; No. 32, 1999; No. 84, 2002 |
rep. No. 32, 2003 | |
s. 92......................................... | am. No. 152, 1997; No. 32, 1999 |
rep. No. 32, 2003 | |
s. 93......................................... | am. No. 51, 1988; No. 26, 1991; No. 16, 1993; No. 32, 1999 |
rep. No. 32, 2003 | |
s. 94......................................... | am. No. 67, 1992; No. 153, 1994 |
rep. No. 32, 2003 | |
s. 94A....................................... | ad. No. 94, 1993 |
am. No. 153, 1994; No. 55, 2001 | |
rep. No. 32, 2003 | |
s. 95......................................... | am. No. 39, 1991; No. 67, 1992; No. 153, 1994 |
rep. No. 32, 2003 | |
ss. 96, 97................................... | rep. No. 32, 2003 |
s. 98......................................... | am. No. 67, 1992 |
rep. No. 45, 1995 | |
ss. 99, 100................................. | rep. No. 32, 2003 |
s. 101........................................ | am. No. 51, 1988; No. 26, 1991; No. 16, 1993; No. 152, 1997 |
rep. No. 32, 2003 | |
s. 102........................................ | am. No. 39, 1991; No. 67, 1992; No. 153, 1994 |
rs. No. 45, 1995 | |
rep. No. 32, 2003 | |
Div. 5 of Part VII....................... | rep. No. 67, 1992 |
ad. No. 45, 1995 | |
rep. No. 32, 2003 | |
s. 103........................................ | rep. No. 67, 1992 |
ad. No. 45, 1995 | |
am. No. 3, 1996; No. 32, 1999 | |
rep. No. 32, 2003 | |
s. 104........................................ | rep. No. 67, 1992 |
ad. No. 45, 1995 | |
am. No. 152, 1997 | |
rep. No. 32, 2003 | |
s. 105........................................ | rep. No. 67, 1992 |
ad. No. 45, 1995 | |
rep. No. 32, 2003 | |
s. 106........................................ | rep. No. 67, 1992 |
ad. No. 45, 1995 | |
am. No. 152, 1997; No. 4, 1999 | |
rep. No. 32, 2003 | |
s. 107........................................ | am. No. 51, 1988; No. 26, 1991 |
rep. No. 67, 1992 | |
ad. No. 45, 1995 | |
am. No. 32, 1999 | |
rep. No. 32, 2003 | |
s. 108........................................ | am. No. 26, 1991 |
rep. No. 67, 1992 | |
ad. No. 45, 1995 | |
am. No. 3, 1996; No. 152, 1997 | |
rep. No. 32, 2003 | |
ss. 108A–108C.......................... | ad. No. 45, 1995 |
rep. No. 32, 2003 | |
ss. 108D–108E.......................... | ad. No. 45, 1995 |
am. No. 32, 1999 | |
rep. No. 32, 2003 | |
ss. 108EA, 108EB...................... | ad. No. 4, 1999 |
rep. No. 32, 2003 | |
s. 108F...................................... | ad. No. 45, 1995 |
rep. No. 32, 2003 | |
s. 108G..................................... | ad. No. 45, 1995 |
am. No. 152, 1997 | |
rep. No. 32, 2003 | |
s. 109........................................ | am. No. 32, 2003 |
ss. 109A, 109B.......................... | ad. No. 45, 1995 |
am. No. 32, 1999 | |
rep. No. 32, 2003 | |
s. 109C..................................... | ad. No. 45, 1995 |
am. No. 146, 1999 | |
rep. No. 32, 2003 | |
s. 110........................................ | rep. No. 32, 2003 |
s. 111........................................ | am. No. 22, 2000 |
s. 111A..................................... | ad. No. 45, 1995 |
am. No. 32, 1999 | |
s. 112........................................ | am. No. 16, 1993; No. 22, 2000 |
rep. No. 137, 2000 | |
s. 113........................................ | am. No. 26, 1991; No. 22, 2000; No. 115, 2001; No 61, 2016 |
s. 114........................................ | am. Nos. 22 and 137, 2000 |
rep. No. 32, 2003 | |
s. 115........................................ | am. No. 22, 2000 |
rep. No. 32, 2003 | |
s. 116........................................ | am. No. 22, 2000 |
s. 117........................................ | am. No. 137, 2000 |
rep. No. 32, 2003 | |
s. 118........................................ | am. No. 162, 1987; No. 26, 1991; No. 94, 1993; No. 45, 1995; No. 4, 1999 |
rep. No. 32, 2003 | |
s. 119........................................ | am. No. 16, 1993; Nos. 22 and 94, 2000; No. 115, 2001; No. 84, 2002 (as am. by No. 38, 2003); No. 32, 2003; No 13, 2014; No 61, 2016 |
s. 120........................................ | am. No. 22, 2000 |
s. 121........................................ | rep. No. 32, 2003 |
s. 122........................................ | rep. No. 152, 1997 |
s. 123........................................ | am. No. 39, 1991; No. 152, 1997 |
rep. No. 32, 2003 | |
s. 124........................................ | am. No. 152, 1997 |
rep. No. 32, 2003 | |
s. 125........................................ | rep. No. 32, 2003 |
s. 125A..................................... | ad. No. 22, 2000 |
s. 126........................................ | am. No. 26, 1991; No. 32, 2003 |
s 126A...................................... | ad No 146, 2013 |
Heading to Schedule.................. | rep. No. 22, 2000 |
Heading to Schedule 1................ | ad. No. 22, 2000 |
rep. No. 32, 2003 | |
Schedule................................... | ad. No. 39, 1991 |
rep. No. 32, 2003 | |
c. 1........................................... | ad. No. 39, 1991 |
am. No. 146, 1999 | |
rep. No. 32, 2003 | |
Schedule 2................................ | ad. No. 22, 2000 |
c. 1........................................... | ad. No. 22, 2000 |
am. No. 94, 2001; No 13, 2014 | |
c. 2........................................... | ad. No. 22, 2000 |
am. No. 94, 2001; No. 84, 2002; No. 32, 2003; No 13, 2014 | |
cc. 3–8...................................... | ad. No. 22, 2000 |
Heading to Part 2....................... | rs. No. 94, 2001 |
c. 9........................................... | ad. No. 22, 2000 |
c. 10......................................... | ad. No. 22, 2000 |
am. No. 32, 2003 | |
cc. 11–15.................................. | ad. No. 22, 2000 |
c. 16......................................... | ad. No. 22, 2000 |
am. No. 115, 2001 | |
c. 17......................................... | ad. No. 22, 2000 |
am. No. 115, 2001 | |
c 18.......................................... | ad. No. 22, 2000 |
c 19.......................................... | ad. No. 22, 2000 |
am No. 84, 2002; No 13, 2014 | |
cc. 20–22.................................. | ad. No. 22, 2000 |
c. 23......................................... | ad. No. 22, 2000 |
am. No. 32, 2003 | |
cc. 24–35.................................. | ad. No. 22, 2000 |
c 36.......................................... | ad. No. 22, 2000 |
am No 103, 2013 | |
c. 37......................................... | ad. No. 22, 2000 |
Division 1A............................... | ad. No. 94, 2001 |
c. 37A....................................... | ad. No. 94, 2001 |
c. 37B....................................... | ad. No. 94, 2001 |
am. No. 32, 2003 | |
cc. 37C, 37D............................. | ad. No. 94, 2001 |
c. 37DA.................................... | ad. No. 94, 2001 |
c. 37E....................................... | ad. No. 94, 2001 |
c. 37F....................................... | ad. No. 94, 2001 |
c. 37G....................................... | ad. No. 94, 2001 |
c. 37H....................................... | ad. No. 94, 2001 |
c. 37J........................................ | ad. No. 94, 2001 |
c. 37K....................................... | ad. No. 94, 2001 |
c 37L........................................ | ad. No. 94, 2001 |
am No. 84, 2002; No 13, 2014 | |
c. 37M...................................... | ad. No. 94, 2001 |
c. 37N....................................... | ad. No. 94, 2001 |
c. 37P....................................... | ad. No. 94, 2001 |
c. 37Q....................................... | ad. No. 94, 2001 |
c. 37R....................................... | ad. No. 94, 2001 |
am No 93, 2017 | |
c. 37S....................................... | ad. No. 94, 2001 |
c. 37T....................................... | ad. No. 94, 2001 |
c. 37U....................................... | ad. No. 94, 2001 |
c. 37V....................................... | ad. No. 94, 2001 |
c. 37W...................................... | ad. No. 94, 2001 |
c. 37X....................................... | ad. No. 94, 2001 |
c. 37Y....................................... | ad. No. 94, 2001 |
c. 37Z....................................... | ad. No. 94, 2001 |
am No 103, 2013 | |
c. 37ZA.................................... | ad. No. 94, 2001 |
c. 37ZB..................................... | ad. No. 94, 2001 |
am No 197, 2012 | |
c. 38......................................... | ad. No. 22, 2000 |
am. No 94, 2001; No 115, 2001; No 4, 2016 | |
c. 39......................................... | ad. No. 22, 2000 |
c. 40......................................... | ad. No. 22, 2000 |
am. No. 115, 2001 | |
cc. 41, 42.................................. | ad. No. 22, 2000 |
c. 43......................................... | ad. No. 22, 2000 |
am. No. 94, 2001; No. 84, 2002; No. 32, 2003; No 13, 2014; No 145, 2015 | |
c. 44......................................... | ad. No. 22, 2000 |
am. No. 94, 2001 | |
cc. 45, 46.................................. | ad. No. 22, 2000 |
am. No. 32, 2003 | |
c. 47......................................... | ad. No. 22, 2000 |
am. No. 94, 2001 | |
c 48.......................................... | ad No 22, 2000 |
am No 32, 2003; No 4, 2016 | |
c 49.......................................... | ad No 22, 2000 |
am No 94, 2001; No 32, 2003 | |
cc. 50, 51.................................. | ad. No. 22, 2000 |
am. No. 94, 2001 | |
c. 52......................................... | ad. No. 22, 2000 |
am. No. 94, 2001 | |
c. 53......................................... | ad. No. 22, 2000 |
am. No. 94, 2001; No. 84, 2002 | |
rep No 13, 2014 | |
c. 54......................................... | ad. No. 22, 2000 |
c. 55......................................... | ad. No. 22, 2000 |
am. No. 123, 2008 | |
c. 56......................................... | ad. No. 22, 2000 |
am. No. 94, 2001 | |
cc. 57–69.................................. | ad. No. 22, 2000 |
c. 70......................................... | ad. No. 22, 2000 |
am. No. 32, 2003 | |
c. 71......................................... | ad. No. 22, 2000 |
c. 72......................................... | ad. No. 22, 2000 |
am. No. 32, 2003 | |
cc. 73, 74.................................. | ad. No. 22, 2000 |
c 75.......................................... | ad No 22, 2000 |
am No 94, 2001 | |
c 76.......................................... | ad No 22, 2000 |
am No 94, 2001 | |
rep No 4, 2016 | |
c. 77......................................... | ad. No. 22, 2000 |
am. No. 32, 2003 | |
c. 77A....................................... | ad. No. 32, 2003 |
c. 77AA.................................... | ad. No. 123, 2008 |
c. 77B....................................... | ad. No. 32, 2003 |
c. 77C....................................... | ad. No. 32, 2003 |
am. No. 32, 2004 | |
cc. 77CA–77CC........................ | ad. No. 32, 2004 |
c. 77D....................................... | ad. No. 32, 2003 |
c. 78......................................... | ad. No. 22, 2000 |
am. No. 94, 2001; No. 84, 2002; No. 32, 2003; No. 32, 2004; No 13, 2014 | |
c. 79......................................... | ad. No. 22, 2000 |
am. No. 94, 2001; No. 84, 2002; No. 32, 2003; No. 32, 2004; No. 123, 2008; No 13, 2014 | |
c. 79A....................................... | ad. No. 32, 2003 |
am. No. 32, 2004 | |
cc. 79B, 79C............................. | ad. No. 32, 2003 |
c. 80......................................... | ad. No. 22, 2000 |
am. No. 94, 2001; No. 84, 2002; No. 32, 2003; No 13, 2014 | |
cc. 81, 82.................................. | ad. No. 22, 2000 |
rep. No. 32, 2003 | |
c. 83......................................... | ad. No. 22, 2000 |
am. No. 32, 2003; No. 123, 2008 | |
c. 84......................................... | ad. No. 22, 2000 |
am. No. 94, 2001; No. 32, 2003 | |
c. 85......................................... | ad. No. 22, 2000 |
am. No. 94, 2001; No. 32, 2003 | |
c. 86......................................... | ad. No. 22, 2000 |
am. No. 94, 2001; No 109, 2014 | |
c. 86A....................................... | ad. No. 32, 2004 |
cc. 87, 88.................................. | ad. No. 22, 2000 |
cc. 89–93.................................. | ad. No. 22, 2000 |
c. 94......................................... | ad. No. 22, 2000 |
am. No. 94, 2001; No. 84, 2002; No. 32, 2003; No. 32, 2004; No. 123, 2008; No 13, 2014; No 126, 2015 | |
c. 95......................................... | ad. No. 22, 2000 |
c. 96......................................... | ad. No. 22, 2000 |
c 97.......................................... | ad No 22, 2000 |
am No 4, 2016 | |
c 98.......................................... | ad No 22, 2000 |
am No 4, 2016 | |
c 99.......................................... | ad No 22, 2000 |
am No 4, 2016 | |
c 100........................................ | ad No 22, 2000 |
am No 4, 2016 | |
c 101........................................ | ad No 22, 2000 |
am No 4, 2016 | |
c 102........................................ | ad No 22, 2000 |
am No 4, 2016 | |
c 103........................................ | ad No 22, 2000 |
c 104........................................ | ad No 22, 2000 |
rs No 62, 2014 | |
c 105........................................ | ad No 22, 2000 |
am No 4, 2016 | |
c 106........................................ | ad No 22, 2000 |
am No 4, 2016 | |
c 107........................................ | ad No 22, 2000 |
c 108........................................ | ad No 22, 2000 |
c 109........................................ | ad No 22, 2000 |
c 110........................................ | ad No 22, 2000 |
c 111........................................ | ad No 22, 2000 |
am No 4, 2016 | |
c 112........................................ | ad No 22, 2000 |
am No 4, 2016 | |
c 113........................................ | ad No 22, 2000 |
am No 4, 2016 | |
c 114........................................ | ad No 22, 2000 |
am No 115, 2001 | |
c 115........................................ | ad No 22, 2000 |
c 116........................................ | ad No 22, 2000 |
am No 115, 2001; No 4, 2016 | |
c 117........................................ | ad No 22, 2000 |
am No 115, 2001; No 4, 2016 | |
c 118........................................ | ad No 22, 2000 |
c 119........................................ | ad No. 22, 2000 |
am No 4, 2016 | |
cc. 120, 121............................... | ad. No. 22, 2000 |
c. 122....................................... | ad. No. 22, 2000 |
c. 123....................................... | ad. No. 22, 2000 |
c. 124....................................... | ad. No. 22, 2000 |
c. 125....................................... | ad. No. 22, 2000 |
c. 126....................................... | ad. No. 22, 2000 |
c. 127....................................... | ad. No. 22, 2000 |
c. 128....................................... | ad. No. 22, 2000 |
c. 129....................................... | ad. No. 22, 2000 |
c. 130....................................... | ad. No. 22, 2000 |
c. 131....................................... | ad. No. 22, 2000 |
am No 62, 2014 | |
c. 132....................................... | ad. No. 22, 2000 |
rep. No. 115, 2001 | |
ad. No. 123, 2008 | |
c 133........................................ | ad No 22, 2000 |
am No 4, 2016 | |
c 134........................................ | ad No 22, 2000 |
rep No 115, 2001 | |
c 135........................................ | ad No 22, 2000 |
am No 94, 2001 | |
rep No 115, 2001 | |
c 136........................................ | ad No 22, 2000 |
am No 94, 2001 | |
rep No 115, 2001 |
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