Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 1) (Cth)
Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 1)
I, WARREN TRUSS, Minister for Agriculture, Fisheries and Forestry, amend the Dairy Structural Adjustment Program Scheme 2000 under the Dairy Produce Act 1986, as follows.
Dated 31st May 2000
WARREN TRUSS
Minister for Agriculture, Fisheries and Forestry
Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 1)
1. Citation
This instrument is the Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 1).
2. Commencement
The amendments made by this instrument commence on gazettal.
3. Amendments of the Dairy Structural Adjustment Program Scheme 2000
The Dairy Structural Adjustment Program Scheme 2000 is amended as set out in Schedule 1.
Schedule 1 Amendments of the Dairy Structural Adjustment Program Scheme 2000
[1] Section 3—definition of exceptional event
Omit the definition, substitute:
exceptional event, in relation to a dairy farm enterprise, means a drought, storm, flood or other natural event, or disease suffered by livestock, as a direct result of which the volume of milk delivered by the enterprise in the base year is at least 30% less than the average volume of milk delivered by the enterprise in the previous 3 financial years.
[2] Section 3—after the definition of standard payment right
Insert:
support or adjustment payment means each of the following:
(a) a payment under the Restart Re-establishment Grant Scheme 1997 under the Farm Household Support Act 1992;
(b) a re-establishment grant under an agreement subject to the Rural Adjustment Act 1992;
(c) a grant under the program known as the Pork Producer Exit Program.
[3] Subparagraph 4 (1) (a) (ii)
Omit “sale of each type or amount of milk from the enterprise”, substitute “sale of each type or amount of milk produced by the enterprise.”
[4] Subsection 11 (1)
Omit the subsection, substitute:
(1) An entity is eligible for an anomalous circumstances payment right if:
(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 base year; and
(c) the entity is taken under subsection (1A) to have been affected by anomalous circumstances.
(1A) An entity is taken to have been affected by anomalous circumstances if the entity held an eligible interest in a dairy farm enterprise at 6.30 pm on 28 September 1999 but that enterprise did not deliver milk during the base year.
(1B) For the purposes of this section, 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 base year, the dairy farm enterprise delivered market milk;
(ii) during the base year, the dairy farm enterprise delivered manufacturing milk.
[5] Section 12
Omit the section, substitute:
12 Deceased estates
(1) This section applies to an individual who had an eligible interest in a dairy farm enterprise at 6.30 pm on 28 September 1999 (the relevant time) and who:
(a) dies after the relevant time, but before making a claim for a payment right; or
(b) dies after making a claim for a payment right, but before the claim for the payment right is determined.
(2) For an individual to whom paragraph 1(a) applies, this scheme has effect as if his or her legal personal representative had held the eligible interest at the relevant time, and everything the individual did that affects his or her eligibility for a payment right is taken to have been done by his or her legal personal representative.
(3) For an individual to whom paragraph 1(b) applies, for the purposes of this scheme:
(a) the individual’s legal personal representative is taken to have made the claim; and
(b) everything the individual did that affects his or her eligibility for a payment right is taken to have been done by his or her legal personal representative.
[6] At the end of Part 2
Insert:
12A. Restriction on eligibility where support or adjustment payments
Despite the other provisions of this Part, an entity is not eligible for the grant of a payment right in respect of a dairy farm enterprise if:
(a) the entity has received, after 6:30 pm on 28 September 1999, a support or adjustment payment and has not paid an equal amount to the Commonwealth by way of repayment; or
(b) the entity has applied for a support or adjustment payment and the application for the support or adjustment payment has not been rejected or withdrawn.
[7] Paragraph 14 (3) (a)
Delete the paragraph, substitute:
(a) the DAA has reasonable grounds to believe, on the basis of information obtained under section 13, that it may be in the interests of the entity for the entity to make a claim for a payment right; and
[8] Paragraph 16 (3) (b)
Omit “28 days after the DAA asks for the amendment”, substitute “28 days after the entity receives the request.”
[9] Paragraph 16 (5) (b)
Omit “28 days after the DAA asks for the information or verification”, substitute “28 days after the entity receives the request.”
[10] After the end of section 16
Add:
(6) If a request under this section is sent by post, the entity is taken to have received the request 4 working days after the DAA posted it.
[11] Subsections 17 (1), (2) and (3)
Omit the subsections, substitute:
(1) An entity is not eligible for the grant of a payment right in respect of a dairy farm enterprise unless:
(a) the entity has complied with the rules in subsection (2) in relation to the carrying out of a farm business assessment by a qualified financial adviser; or
(b) a qualified financial adviser has certified that the entity has complied with the rules in subsection (2) in relation to the carrying out by the entity of a farm business assessment; or
(c) the entity is an exempt entity.
(2) The rules are:
(a) a farm business assessment in relation to a dairy farm enterprise must be carried out by the entity or by a qualified financial adviser; and
(b) whether a farm business assessment is carried out by the entity or a qualified business adviser, the assessment must be in writing and set out at least each of the following in relation to the dairy farm enterprise:
(i) a summary of forecast annual income and expenditure of the enterprise for 1999/2000 and 2000/2001 using a range of milk projections; and
(ii) a summary of forecast assets and liabilities (balance sheet) of the enterprise as at 30 June 2000 and 30 June 2001.
(2A) An entity is not prevented from making a claim for the grant of a payment right at a time when the entity has not complied with the rules in subsection (2), but the entity must give to the DAA, before the end of a period of 6 months after the end of the DSAP claim period, a statement in an approved form, certified by a qualified financial adviser, that a farm business assessment has been completed in accordance with the rules in subsection (2).
(3) If an entity carries on a dairy farm enterprise in partnership with 1 or more other entities, the entity is taken to have given the DAA a statement under subsection (2A) in relation to the enterprise if another member of the partnership gives the DAA a statement under that paragraph in relation to the enterprise.
[12] Subparagraph 17 (4) (b) (ii)
Omit the subparagraph, substitute:
(ii) does not continue to hold an interest in the enterprise; or
(c) an entity which gives the DAA a statement, signed by the entity (or, if the entity is a company, by the company's public officer), that the entity has exited the dairy industry after 6.30 pm on 28 September 1999.
[13] Subsection 18 (3)
Omit “If the entity”, substitute “Subject to section 17, if the entity”.
[14] After subsection 18 (3)
Insert
(4) The DAA may grant more than one exceptional events supplementary payment right or anomalous circumstances payment right to an entity in respect of the entity's claim made under section 15.
[15] Section 19
Omit the section, substitute:
19 Notice of determination
(1) If the DAA makes a determination under section 18 about a claim for a payment right, it must give an entity who is affected by the determination a notice setting out the determination.
(2) The notice must state that, if the entity is dissatisfied with the determination, it may:
(a) within 28 days after receiving notice of the determination, ask the DAA to reconsider the determination; and
(b) subject to the Administrative Appeals Tribunal Act 1975, if dissatisfied with a decision of the DAA made on the reconsideration confirming or varying the determination, apply to the Administrative Appeals Tribunal for review of the decision as confirmed or varied.
[16] Subsections 27 (1) and (2)
Omit the subsections, substitute:
(1) The DAA must not grant an exceptional events supplementary payment right or anomalous circumstances payment right to an entity in respect of a dairy farm enterprise unless satisfied that the face value of the right proposed to be granted, together with the face value of all other exceptional events supplementary payment rights and anomalous circumstances payments granted or proposed to be granted by the DAA is less than or equal to the money available for payments for exceptional events supplementary payment rights and anomalous circumstances payment rights.
Note: The total face value of these rights cannot exceed the amounts worked out under section 25 or 26, whichever is relevant.
(2) If it is not enough, the DAA must determine the face value of the supplementary payment right or anomalous circumstances payment right having regard to:
(a) the amount of money available for payments for exceptional events supplementary payment rights and anomalous circumstances payment rights; and
(b) the number of claims and anticipated claims for such rights; and
(c) the operation of sections 25 and 26; and
(d) such other matters as the DAA considers relevant.
[17] Subsection 28 (2)
Omit the subsection, substitute:
(2) For this section, 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 base year consisted of eligible dairy income; or
(b) more than 70% of the total gross income derived by the entity in the period from 1 July 1996 to 30 June 1999 (both inclusive) consisted of eligible dairy income.
[18] Paragraphs 41 (3) (c) and 41 (5) (c), subsection 49 (6)
Omit “each entity who is affected by the decision”, substitute “an entity who is affected by the decision”.
[19] Subsections 4(2), 5(1), 5(3), 5(4), 10(1)
Omit “enterprise” (first occurring), substitute “dairy farm enterprise”.
Note
Dairy Structural Adjustment Program Scheme 2000, formulated by the Minister for Agriculture, Fisheries and Forestry on 13 April 2000, and notified in the Commonwealth of Australia Gazette on 14 April 2000.
1. Made by the Minister for Agriculture, Fisheries and Forestry on [***], and notified in the Commonwealth of Australia Gazette on [***].
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