Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 3) (Cth)
Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 3)
I, WARREN TRUSS, Minister for Agriculture, Fisheries and Forestry, amend the Dairy Structural Adjustment Program Scheme2000 under the Dairy Produce Act 1986, as follows.
Dated. 16th August 2000
WARREN TRUSS
Minister for Agriculture, Fisheries and Forestry
Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 3)
1. Citation
This instrument is the Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 3).
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.
[2] Section 3, after the definition of “owner”
Insert:
public officer of a corporation means any of the following:
(a) a director or a secretary of the corporation;
(b) a person acting under a power of attorney from the corporation;
(c) the public officer of the corporation for the purposes of the Income Tax Assessment Act 1936 section 252;
(d) an officer of the corporation authorised by the corporation to do the act concerned.
[3] Subsection 10 (1)
Omit the subsection, substitute:
(1) An entity is eligible for an exceptional events supplementary payment right in respect of a dairy farm enterprise if:
(a) the entity has been granted a standard payment right in respect of the enterprise; and
(b) the DAA is satisfied that:
(i) the enterprise was affected by 1 or more exceptional events; and
(ii) as a result of 1 or more of those events, the volume of market milk and manufacturing milk delivered by the enterprise in the base year was less than 70% of the average annual volume of market milk and manufacturing milk delivered by the enterprise in the 1997-1998, 1996-1997 and 1995-1996 financial years.
[4] Subsection 15 (4)
Omit the subsection, substitute:
(4) For this section:
(a) a claim must be made in writing, and state the type of payment right being claimed; and
(b) a claim must contain sufficient information to enable the DAA to determine the eligibility of the entity for the type of payment right claimed and the face value of that payment right; and
(c) a claim must be signed:
(i) if the entity is a company — by the company’s public officer;
(ii) if the entity is an individual under the age of 18 — by a parent or guardian of the entity;
(iii) otherwise — by or on behalf of the entity; and
(d) a claim must be sent by post, or delivered by hand, to the DAA; and
(e) if an entity posts a claim to the DAA, the claim is taken to be made on the day that it is posted.
[5] Subsection 16 (3)
Omit the subsection, substitute:
(3) If the DAA asks an entity to amend a claim under subsection (2), a payment right in respect of the claim cannot be granted until after the end of the extended period, unless, within the extended period, the entity, or a person acting on behalf of the entity:
(a) lodges an amended claim; or
(b) notifies the DAA that the claimant does not want to amend the claim.
[6] Subsection 16 (4)
Omit “subparagraph 15 (4) (a) (iii)”, substitute “paragraph 15 (4) (b)”.
[7] Subsections 16 (5), (5A) and (6)
Omit the subsections, substitute:
(5) If the DAA asks an entity to provide further information, or to verify information, under subsection (4), a payment right in respect of the claim cannot be granted unless:
(a) within the extended period, the entity, or a person acting on behalf of the entity, complies with the request; or
(b) the DAA is satisfied that the entity cannot comply with the request; or
(c) the DAA considers, after the end of the extended period, in the circumstances, that the right should be granted
(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.
(7) In this section:
“extended period”, in relation to a claim, means the period ending at the later of:
(a) the end of the period for making the claim under subsection 15 (1); and
(b) the end of a period of 28 days after the entity receives the request under subsection (3) or (5) (whichever is relevant) or, if that period is extended under subsection (8), the period as so extended.
(8) 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 (7) (b);
(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.
[8] Paragraph 17 (1) (a)
Omit “certified, in the approved form, to that effect”, substitute “signed a certificate, in the approved form, declaring that it has done so”.
[9] Paragraph 17 (1) (b)
Omit “certified, in the approved form,”, substitute “signed a certificate, in the approved form, declaring”.
[10] Subsection 17 (2)
Add at the end:
; and (c) a certificate by a qualified financial adviser, in the approved form, declaring that a farm business assessment has been carried out (see paragraph (1) (a) or (b)) is received by the DAA.
[11] Subsection 17 (2A)
Omit the subsection, substitute:
(2A) An entity that is required to comply with the rules in subsection (2) to be eligible for the grant of a payment right is not prevented from making a claim for the grant of a payment right at a time when the entity has not complied with those rules, so long as those rules are complied with before the end of 6 months after the end of the DSAP claim period.
[12] Subsection 17 (3)
Omit the subsection, substitute:
(3) If an entity is in a partnership in relation to a dairy farm enterprise, the entity is taken to have complied with the rules in subsection (2) in relation to the enterprise if 1 or more of the other partners complies with those rules in relation to the enterprise.
[13] Section 18
Omit the section, substitute:
Grants of payment rights
(1) The DAA must decide, for each claim for a standard payment right received from an entity in accordance with section 15:
(a) whether the entity is eligible for a standard payment right; and
(b) if it is eligible — the face value of the right.
(2) If, at the time the decision is made, the entity is required to comply with the rules in subsection 17 (2) but has not complied with those rules, a decision that the entity is eligible for a standard payment right is taken to be a decision that the entity is eligible for a standard payment right subject to its complying with the rules in subsection 17 (2).
(3) A decision under subsection (1) may be made subject to the condition that the entity concerned give the DAA a declaration, signed by a person mentioned in paragraph 15 (4) (c), that, in respect of the dairy farm enterprise for which the claim is made, both the following are true:
(a) the entity has not applied for a support or adjustment payment or, if it has, the application has been rejected or withdrawn;
(b) the entity has not received, after 6:30 pm on 28 September 1999, a support or adjustment payment or, if it has received such a payment, it has paid an equal amount to the Commonwealth by way of repayment.
(4) A decision under subsection (1) may be made before the end of 30 days after the end of the DSAP claim period but, if it is not, it must be made as soon as practicable after the end of the DSAP claim period.
(5) If the decision under subsection (1) is that the entity is eligible for a standard payment right, the DAA must, at the same time but subject to the Act and the rest of this scheme, decide that the entity will be granted a standard payment right at the time and of the face value ascertained in accordance with subsections (6) and (7).
(6) The time at which a standard payment right is granted is:
(a) as soon as possible after the end of the reconsideration request period in respect of the claim concerned, consistently with the other paragraphs in this subsection; but
(b) if the decision under subsection (1) is that the entity is eligible for a standard payment right subject to its complying with the rules in subsection 17 (2) — not before those rules are complied with (but see subsection (8)); and
(c) if the decision under subsection (1) is subject to the condition mentioned in subsection (3) — not before the declaration mentioned in that subsection is received by the DAA; and
(d) if, by the end of the reconsideration request period, the DAA has received a request that requires it to reconsider the decision — not before the DAA makes a decision as a result of the reconsideration, the effect of which is that the entity is eligible for a standard payment right.
Note 1 If the DAA receives a request to reconsider a decision but does not confirm, revoke or vary the decision within 60 days, section 49 (5) says that the DAA is taken to have confirmed the decision.
Note 2 If the decision is reviewed by the Administrative Appeals Tribunal (see section 49), any decision the Tribunal makes in substitution for the DAA’s decision is taken to be the DAA’s decision and, unless the Tribunal otherwise orders, is deemed to have had effect on and from the day on which the DAA’s decision had effect: see Administrative Appeals Tribunal Act 1975 section 43 (6).
(7) The face value of a standard payment right granted under this section is:
(a) the face value specified in the decision under subsection (1); or
(b) if the DAA makes a decision as a result of the reconsideration of a decision, the effect of which is that the entity is eligible for a standard payment right — the face value determined on the reconsideration.
(8) If the decision under subsection (1) is that the entity is eligible for a standard payment right subject to its complying with the rules in subsection 17 (2), but those rules have not been complied with by the end of 6 months after the end of the DSAP claim period, the DAA’s decision under subsection (5) is taken to be, and always to have been, a decision that the entity is not to be granted a standard payment right.
(9) The DAA may decide, for each claim for an exceptional events supplementary payment right or an anomalous circumstances payment right received from an entity in accordance with section 15:
(a) whether the entity is eligible for the right claimed; and
(b) if it is eligible:
(i) whether to grant the right; and
(ii) if it decides to grant the right — the face value of the right and the time at which the right is granted.
(10) The DAA may grant more than one exceptional events supplementary payment right or anomalous circumstances payment right to an entity who is eligible for it in respect of the entity's claim made under section 15.
(11) The DAA must record in the register details of payment rights granted under this section.
(12) In this section:
reconsideration request period, in relation to a decision by the DAA under this scheme, means the period of 28 days after the day the decision first comes to the attention of the entity who made the claim concerned.
[14] Section 19
Omit “determination” (wherever occurring), substitute “decision”.
[15] Subsection 24 (2)
Omit “subsections (3) and (4)”, substitute “subsections (3), (4) and (5)”.
[16] Subsection 26 (2)
Omit “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”, substitute “had delivered during the base year (or, if the entity held an eligible interest in the enterprise or enterprises for a part only of the base year, during that part of 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, if the entity held an eligible interest in the enterprise or enterprises for a part only of the base year, during that part of the base year)”.
[17] Subsection 27 (3), paragraph (e) of the definition of “money available for payments for exceptional events supplementary payment rights and anomalous circumstances payments rights”
Omit “DAA receives a statement under paragraph 17 (1) (b)”, substitute “entity complies with the rules in subsection 17 (2) before the end of 6 months after the end of the DSAP claim period”.
[18] Paragraph 30 (2) (a)
Omit the paragraph, substitute:
(a) a dairy farm in South Australia that was not bound by the voluntary price equalisation scheme known as the South Australian Market Milk Equalisation Agreement approved under section 26 of the Dairy Industry Act 1992 of South Australia; or
[19] After subsection 30 (3)
Insert:
(3A) For subsection (3), do not count the amount of milk deliveries of market milk that were not covered by State pooling arrangements embodied in, or that operated under:
(a) the voluntary price equalisation scheme known as the South Australian Milk Marketing Equalization Agreement approved under section 26 of the Dairy Industry Act 1992 of South Australia; or
(b) the Dairy Industry Act 1992 of Victoria; or
(c) the Dairy Industry Act 1994 of Tasmania.
Note Deliveries of market milk not covered by these State pooling arrangements are dealt with under other provisions of this scheme.
[20] Subsection 30 (4)
Omit “during the base year”, substitute “during the base year, together with milk not counted because of subsection (3A),”.
[21] Subparagraph 33 (1) (a) (iii)
Omit “Business”, substitute “Body”.
[22] Subsection 41 (2)
Omit “a request to reconsider its decision to grant the payment right”, substitute “a request that requires it to reconsider a decision in relation to the grant of the payment right”.
[23] Paragraph 41 (3) (a)
Omit “a request to reconsider its decision to grant the payment right”, substitute “a request that requires it to reconsider a decision in relation to the grant of the payment right”.
[24] Paragraph 41 (3) (c)
Omit the paragraph, substitute:
(c) no application is made to the Administrative Appeals Tribunal for review of the decision within 28 days after:
(i) the DAA gives notice of the reconsidered decision to an entity who is affected by the decision; or
(ii) if the DAA is taken, under section 49 (5), to have confirmed the decision — the end of 60 days after the DAA received the request to reconsider the decision.
[25] Paragraph 41 (5) (a)
Omit “a request to reconsider its decision to grant the payment right”, substitute “a request that requires it to reconsider a decision in relation to the grant of the payment right”.
[26] Paragraphs 41 (5) (c) and (d)
Omit the paragraphs, substitute:
(c) within 28 days after:
(i) the DAA gives notice of the reconsidered decision to an entity who is affected by the decision; or
(ii) if the DAA is taken, under section 49 (5), to have confirmed the decision — the end of 60 days after the DAA received the request to reconsider the decision;
an application has been made to the Administrative Appeals Tribunal for review of the decision; and
(d) either:
(i) on review, the Administrative Appeals Tribunal confirms the decision, varies it in a way that still involves the grant of the payment right or dismisses the application for review (for whatever reason); or
(ii) the applicant withdraws the application for review.
[27] Subsection 41 (6)
Omit the subsection, substitute:
(6) If this subsection applies, the initial payment day for the right is the first day after the Administrative Appeals Tribunal confirms or varies the decision or dismisses the application, or the application is withdrawn (whichever is relevant).
(6A) If it is not possible to work out, in accordance with the preceding provisions of this section, the initial payment day for a payment right, the initial payment day for the payment right is worked out by applying the preceding provisions of this section as if the references in them to the 28-day period beginning at the end of the 30-day period mentioned in paragraph 40 (1) (b) were references to the 28-day period beginning when the decision to which the payment right relates first came to the attention of the entity affected by it.
Note For example, it will not be possible to work out, in accordance with the preceding provisions of this section, the initial payment day for a payment right that is granted after the 28-day period beginning at the end of the 30-day period mentioned in paragraph 40 (1) (b).
[28] Subsection 41 (7)
Omit “subsection (2), (4) or (6)”, substitute “subsection (2), (4), (6) or (6A)”.
[29] Subsection 42 (1)
After “out of the Dairy Structural Adjustment Fund,” insert “for each unit in the payment right,”.
[30] Subsection 42 (2)
Omit “if the DAA grants a payment right to an entity,” substitute “if a payment right is granted to an entity”.
[31] Subsections 43 (1) and (2)
After “out of the Dairy Structural Adjustment Fund,” insert “for each unit in the payment right,”.
[32] Paragraphs 47 (2) (b) and (c)
Omit the paragraphs, substitute:
(b) the reconsideration and, if applicable, review periods for decisions in relation to the grant of the payment right have expired; and
(c) all requests for reconsideration of decisions in relation to the grant of the payment right have been dealt with; and
(d) any review by the Administrative Appeals Tribunal of a decision in relation to the grant of the payment right has been concluded.
[33] Subsection 49 (1)
Omit “within 28 days after receiving notice of the decision” substitute “within 28 days after the decision comes to its attention”.
[34] Subsection 49 (2)
Omit the subsection, substitute:
(1A) A request under subsection (1) for reconsideration of a decision that involved or depended on the allocation of components of an overall enterprise amount is taken to be a request under that subsection for reconsideration of all the decisions that involved or depended on the allocation of those components.
(2) For subsection (1), if the DAA sends a notice of decision to an entity by post, the notice is taken to have come to the entity's attention at the end of 4 working days after the DAA posts it.
[35] Subsection 49 (4)
Omit “the decision” (first occurring), substitute “each decision to which the request relates”.
[36] Subsection 49 (5)
Omit “receives a request to reconsider the decision”, substitute “receives a request that requires it to reconsider the decision”.
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 and by Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 2) notified in the Commonwealth of Australia Gazette on 9 August 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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