Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 2) (Cth)
Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 2)
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. 6th August 2000
WARREN TRUSS
Minister for Agriculture, Fisheries and Forestry
Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 2)
1. Citation
This instrument is the Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 2).
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
Part 1—Amendments to do with annualised value of leases
[1.1] Subsection 24 (6), paragraph (a) of the definition of “derived milk revenue share”
Omit “unless paragraph (b) applies”, substitute “unless paragraph (aa) or (b) applies”.
[1.2] Subsection 24 (6), definition of “derived milk revenue share”
Insert after paragraph (a):
(aa) if the dairy farm enterprise did not come into existence until after the start of the base year and unless paragraph (b) applies:
(i) for a lessor—the proportion of the milk revenue of the enterprise for the base year represented by the value of the lease attributable to that part of the base year applicable to the lease at 6.30 pm on 28 September 1999; or
(ii) for a lessee—the proportion of the milk revenue of the enterprise for the base year represented by the total milk revenue of the enterprise for the base year less the value of the lease attributable to that part of the base year applicable to the lease at 6.30 pm on 28 September 1999;
[1.3] Subsection 24 (6), definition of “derived milk revenue share”, paragraph (b)
Omit “the annualised value of the lease”, substitute “the annualised value of the lease (see paragraph (a) ) or the value of the lease attributable to that part of the base year (see paragraph (aa))”.
[1.4] At the end of section 24
Add:
(7) If the proportion of the milk revenue of a dairy farm enterprise worked out as mentioned in subparagraph (aa) (i) of the definition of “derived milk revenue share” in subsection (6) (the proportion allocated to the lessor) is more than 1, it is taken to be 1.
Part 2—Amendments to do with quota issues
[2.1] Subsections 22 (4) and (5)
Omit the subsections, substitute:
(4) The face value of the payment rights of the entities who are parties to the sharefarming arrangement is worked out next by allocating:
(a) the premium component of the overall enterprise amount as follows:
(i) each party to the sharefarming arrangement who provided an essential capital contribution is allocated the proportion of the premium component that is equal to the proportion of the milk revenue of the enterprise to which the party was entitled at 6.30 pm on 28 September 1999; and
(ii) so much of the premium component as is not allocated under subparagraph (i) (if any) is allocated to the lessor; and
(b) the non-premium component of the overall enterprise amount among all the entities who are parties to the eligible dairy sharefarming arrangement in the same proportions as the shares of the milk revenue of the enterprise to which each entity was entitled at 6.30 pm on 28 September 1999.
(5) The references in subsection (4) to the overall enterprise amount are references to the overall enterprise amount less the component allocated under subsection (2) to the lessor.
[2.2] Subsection 24 (4)
Omit the subsection, substitute:
(4) If quota was not required for the delivery of market milk by the enterprise in the base year, the premium component of the overall enterprise amount that relates to market milk delivered otherwise than against a quota is allocated to the entities who provided an essential capital contribution for the enterprise in the same proportions as the derived milk revenue shares of the entities.
Part 3—Amendments to do with anomalous circumstances payment rights
[3.1] Subsection 26 (2)
Omit the subsection, substitute:
(2) The amount is the amount that would have been the face value of the entity's standard payment right in respect of the enterprise or enterprises if the enterprise or enterprises in which the entity held an eligible interest at 6.30 pm on 28 September 1999 had delivered during the base year the milk that was actually delivered by the enterprise, or the enterprises, in which the entity held an eligible interest during the base year or part of the base year.
Part 4—Amendments to do with approved forms
[4.1] After section 49
Add:
Certain things may be done electronically
(1) The provisions of Part 2 of the Electronic Transactions Act 1999 apply as provisions of this scheme and so apply as if the references in that Part to a law of the Commonwealth were references to this scheme.
(2) The DAA may, in approving a form for the purposes of this scheme or otherwise:
(a) fix requirements as to particular kinds of electronic communication and as to methods of signature or identification; and
(b) designate information systems.
(3) Subsection (1) does not:
(a) apply a provision in respect of regulations under the Electronic Transactions Act 1999, a provision with respect to exemptions under that Act or a provision with respect to copyright; or
(b) apply in relation to:
(i) making a claim for a standard payment right;
(ii) certification under section 17 (relating to farm business assessments);
(iii) certification under section 28 (relating to access to an entity’s accounts);
(iv) making a claim for an anomalous circumstances payment right;
(v) making a claim for an exceptional events supplementary payment right;
(vi) amending a claim for a payment right;
(vii) any other matter specified in a written determination of the DAA.
Part 5—Amendments to do with stamp duty
[5.1] After subsection 33 (4)
Insert:
(4A) A notice under subsection (2) must include a declaration by the transferee or, if the transferee is a corporation, its public officer, certifying that the documents effecting the transfer or the grant of the charge have been stamped as required by a law of a State or Territory that relates to stamp duty.
Part 6—Amendments to do with claims processes
[6.1] After subsection 16 (5)
Insert:
(5A) If the DAA makes a request under subsection (2) or (4), the following apply:
(a) the DAA may, on application by the entity making the claim, extend the period of 28 days mentioned in paragraph (3) (b) or (5) (b) (as relevant);
(b) the application to extend the period must be made within the 28 days;
(c) in determining the application, the DAA must have regard to (among other things) the effect that the extension will have on claims by other entities.
Part 7—Amendments to do with name changes
[7.1] Subsection 17 (4), definition of “qualified financial adviser”
Omit subparagraph (a) (i), substitute:
(i) CPA Australia;
[7.2] Subsection 28 (4), definition of “qualified financial adviser”
Omit paragraph (a), substitute:
(a) CPA Australia;
Part 8—Amendments to do with farm business assessments
[8.1] Paragraphs 17 (1) (a) and (b)
Omit the paragraphs, substitute:
(a) a qualified financial adviser has carried out a farm business assessment for the dairy farm enterprise that complies with the rules in subsection (2) and certified, in the approved form, to that effect; or
(b) the entity has carried out a farm business assessment for the dairy farm enterprise and a qualified financial adviser has certified, in the approved form, that the assessment complies with the rules in subsection (2); or
[8.2] Paragraphs 17 (2) (b)
Omit “qualified business adviser”, substitute “qualified financial adviser”.
[8.3] Subsection 17 (2A)
Omit the subsection, substitute:
(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 DAA must not grant a payment right to the entity unless the entity complies with those rules before the end of 6 months after the end of the DSAP claim period.
Part 9—Miscellaneous amendments
[9.1] Subsections 4 (2), 5 (1) and 5 (4)
Omit “An dairy farm enterprise”, substitute “A dairy farm enterprise”.
[9.2] Subsection 5 (3)
Omit “an dairy farm enterprise”, substitute “a dairy farm enterprise”.
[9.3] Subsection 10 (1)
Omit “dairy farm dairy farm enterprise”, substitute “dairy farm enterprise”.
[9.4] Subsection 23 (3), (4)
Omit “divided among”, substitute “allocated to”.
[9.5] Paragraph 23 (3) (a)
Omit “receives”, substitute “is allocated”.
[9.6] Paragraph 33 (1) (a) (iii)
After “Australian Company Number” insert “or Australian Registered Business Number”.
Note
Dairy Structural Adjustment Program Scheme 2000, formulated by the Minister for Agriculture, Fisheries and Forestry notified in the Commonwealth of Australia Gazette on 14 April 2000; amended by Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 1) notified in the Commonwealth of Australia Gazette on 8 June 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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