Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 8) (Cth)
Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 8)1
I, WARREN TRUSS, Minister for Agriculture, Fisheries and Forestry, acting under clauses 10 and 35 of Schedule 2 of the Dairy Produce Act 1986, vary the Dairy Structural Adjustment Program Scheme 2000 formulated under the Dairy Produce Act 1986 as follows.
Dated 9th August 2001
WARREN TRUSS
Minister for Agriculture, Fisheries and Forestry
Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 8)
1. Citation
This instrument is the Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 8).
2. Variations of the Dairy Structural Adjustment Program Scheme 2000
The Dairy Structural Adjustment Program Scheme 2000 is varied as set out in Schedule 1.
3. Commencement
A variation made by an item in Schedule 1 is taken to have commenced immediately after the earlier of:
(a)the end of 15 sitting days of the Senate after the date set out opposite the item in the following table; and
(b)the end of 15 sitting days of the House of Representatives after the date set out opposite the item in the following table.
Item No. in Schedule 1 Date 1 5 December 2000 2, 3, 4, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 28 8 September 2000 5, 6, 9, 21 15 February 2001 20, 22, 23, 24, 25, 26, 27 16 May 2001
Schedule 1 Variations of the Dairy Structural Adjustment Program Scheme 2000
[1] Section 3, definition of "support or adjustment payment"
Omit paragraphs (b) and (c) of the definition, substitute:
(b) a re-establishment grant under an agreement subject to the Rural Adjustment Act 1992.
[2] Subsections 6 (2) and (3)
Omit the subsections, substitute:
(2) The following entities are taken to have provided the essential capital contribution required to achieve access to the market milk premium for a dairy farm enterprise that is subject to an eligible dairy sharefarming arrangement or an eligible dairy leasing arrangement:
(a) if all the market milk delivered by the dairy farm enterprise in the base year was delivered against a quota—the entity or entities that owned the quota;
(b) if paragraph (a) does not apply but at least some market milk delivered by the dairy farm enterprise in the base year was delivered against a quota—each of the following:
(i) the entity or entities that owned the quota;
(ii) the entity or entities that owned the land on which the enterprise is predominantly carried on;
(iii) the entity or entities that owned at least 25% of the number of livestock used in, or for purposes incidental to, the carrying on of the enterprise;
(c) if neither paragraph (a) nor paragraph (b) applies—each of the following:
(i) the entity or entities that owned the land on which the enterprise is predominantly carried on;
(ii) the entity or entities that owned at least 25% of the number of livestock used in, or for purposes incidental to, the carrying on of the enterprise.
[3] Subsection 6 (4)
Omit “paragraph (3) (b)”, substitute “subparagraphs (2) (b) (iii) and (2) (c) (ii)”.
[4] Paragraph 16 (3) (a)
Omit the paragraph, substitute:
(a) amends the claim; or
[5] Subsection 17 (2A)
Omit “6 months”, substitute “12 months”.
[6] After subsection 17 (3)
Insert:
(3A) To avoid doubt, for an entity who complies with the rules in subsection (2) before the commencement of the Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 8), the time by which those rules must be complied with is and is taken always to have been the time at which it complied with those rules.
[7] Subsection 18 (3)
Omit all words from and including “that, in respect of the dairy farm enterprise for which the claim is made, both the following are true”, substitute “to the effect that the entity does not have a current, undetermined application for a support or adjustment payment and, if it has received a support or adjustment payment after 6.30 pm on 28 September 1999, it has paid an equal amount to the Commonwealth by way of repayment”.
[8] Subsection 18 (4)
Omit “made as soon as practicable after the end of the DSAP claim period”, substitute “made as soon as practicable after the end of the 30 days”.
[9] Subsection 18 (8)
Omit “6 months”, substitute “12 months”.
[10] Subsection 22 (2)
Omit the subsection, substitute:
(1A) First, so much of the premium component of the overall enterprise amount as relates to market milk delivered by the enterprise in the base year against a particular quota is allocated to the entities who owned that quota.
(2) Then, the face value of the payment right of the lessor of the land on which the enterprise is predominantly carried on is worked out in accordance with section 24 as if:
(a) the enterprise were not subject to the sharefarming arrangement; and
(b) references in section 24 to the overall enterprise amount were references to the overall enterprise amount less the amounts allocated under subsection (1A) of this section.
[11] Paragraph 22 (4) (a)
Omit the paragraph, substitute:
(a) the premium component of the overall enterprise amount as follows:
(i) allocate to each party to the sharefarming arrangement the amount of the premium component of the overall enterprise amount calculated as if subsections 23 (3), (3B), (3D) and (3E) applied and as if the reference in subsection 23 (3E) to the owner of the enterprise were a reference to a lessee of the land on which the enterprise is predominantly carried on;
(ii) allocate so much of the premium component as is not allocated under subparagraph (i) (if any) to the lessor of the land on which the enterprise is predominantly carried on; and
[12] Subsection 22 (5)
Omit “less the component allocated under subsection (2) to the lessor”, substitute “less the amounts allocated under subsections (1A) and (2)”.
[13] Subsection 23 (2)
Omit “under subsections (3) and (4)”, substitute “under the following provisions of this section”.
[14] Subsection 23 (3)
Omit the subsection, substitute:
(3) So much of the premium component of the overall enterprise amount as relates to market milk delivered by the enterprise in the base year against a particular quota is allocated to the entities who owned that quota.
(3A) If an amount is to be allocated to more than 1 entity under subsection (3), each of those entities is allocated the proportion of the amount to be allocated that is equal to its share of the quota.
(3B) The rest of the premium component of the overall enterprise amount is allocated to the entities who are taken to have provided the essential capital contribution required to achieve access to the market milk premium for a dairy farm enterprise because it or they:
(a) owned the land on which the enterprise is predominantly carried on; or
(b) owned at least 25% of the number of livestock used in, or for purposes incidental to, the carrying on of the enterprise.
Note: In cases where no market milk was delivered by a dairy farming enterprise in the base year against a quota, subsection (3B) will apply to the whole of the premium component of the overall enterprise amount.
(3C) For subparagraph (3B) (b), 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.
(3D) If the premium component of the overall enterprise amount is to be allocated to 1 or more sharefarmers under subsection (3B), each of those sharefarmers is allocated the proportion of the amount to be allocated that is equal to the proportion of the milk revenue of the enterprise to which the sharefarmer was entitled at 6.30 pm on 28 September 1999.
(3E) The remainder of the premium component of the overall enterprise amount after the application of subsections (3B) and (3D) is allocated to the owner of the enterprise, so long as the owner is a person who is taken to have provided the essential capital contribution required to achieve access to the market milk premium for the dairy farm enterprise.
[15] Subsection 24 (2)
Omit “under subsections (3), (4) and (5)”, substitute “under the following provisions of this section”.
[16] Subsections 24 (3) and (4)
Omit the subsections, substitute:
(3) So much of the premium component of the overall enterprise amount as relates to market milk delivered by the enterprise in the base year against a particular quota is allocated to the entity or entities who owned that quota.
(4) The rest of the premium component of the overall enterprise amount is allocated to the entity or entities who are taken to have provided the essential capital contribution required to achieve access to the market milk premium for a dairy farm enterprise because it or they:
(a) owned the land on which the enterprise is predominantly carried on; or
(b) owned at least 25% of the number of livestock used in, or for purposes incidental to, the carrying on of the enterprise.
Note: In cases where no market milk was delivered by a dairy farming enterprise in the base year against a quota, subsection (4) will apply to the whole of the premium component of the overall enterprise amount.
(4A) If an amount is to be allocated to more than 1 entity under subsection (4), each of those entities is allocated the proportion of the amount to be allocated in the same proportions as the derived milk revenue shares of the entities.
[17] Subsection 24 (6), definition of derived milk revenue share, paragraphs (a) and (aa)
Omit “a lessor” and “a lessee”, substitute “a lessor of the land on which the eligible dairy farm enterprise is carried on” and “a lessee of the land on which the eligible dairy farm enterprise is carried on”, respectively.
[18] Subsection 27 (2)
Omit “supplementary payment right”, substitute “exceptional events supplementary payment right”.
[19] Subsection 27 (3)
Omit “exceptional events supplementary payments rights”, substitute “exceptional events supplementary payment rights”.
[20] Paragraph 27 (3) (c) and following words
Omit the paragraph and the words “less the amount actually required to cover the standard payment rights”, substitute:
(c) no units were cancelled under section 38;
plus the total value of milk delivered by dairy farming enterprises that would have been taken into account in working out the face values of standard payment rights of entities that would have been eligible to be granted a standard payment right (see section 9) if they had held eligible interests in the dairy farming enterprise enterprises at 6.30 pm on 28 September 1999, less the amount actually required to cover the standard payment rights”.
[21] Paragraph 27 (3) (e)
Omit “6 months”, substitute “12 months”.
[22] At the end of section 32
Add:
(6) To avoid doubt, subsections (2) and (5) apply in relation to a transfer to a person as beneficiary of the estate of a deceased holder of units.
[23] After subsection 33 (6)
Insert:
(6A) Despite subsection (5), the DAA must not give effect to a direction, notice or request in respect of a matter specified in paragraph 33 (1) (a) from an entity who owns a unit that is subject to a registered charge unless:
(a) the chargee has joined in or agreed to the direction, notice or request; or
(b) the DAA has given at least 14 days written notice to the chargee.
This subsection does not affect the operation of section 46.
[24] At the end of section 36
Add:
(6) Subsection (5) does not apply in respect of a unit if each of the following agrees in writing to the cancellation of the unit:
(a) the entity who is the registered owner of the unit;
(b) if a charge is registered in respect of the unit—the entity in whose favour the charge has been granted.
The agreement may be on terms the DAA thinks proper.
[25] After section 36
Insert:
36A Variation where unit entitlement less than proper amount
(1) If at any time the DAA becomes aware that the face value of a payment right as determined under another provision of this scheme is less than the proper amount:
(a) it may, with or without an application to do so, vary the determination of the face value so that it is the proper amount; and
(b) do whatever is necessary (including amending the register) to give effect to the variation.
(2) A variation takes effect from the day on which it is made or, if another day is specified for that purpose in the notice under section 39 in relation to the variation, that other day.
(3) Subsection (1) does not affect the operation of Division 4.1 or 4.2.
[26] Section 39
After “section 35, 36, 37 or 38”, insert “or varies a determination as mentioned in section 36A".
[27] At the end of section 39
Add:
(2) If the DAA:
(a) cancels a unit under section 36 with the consent of a chargee as mentioned in subsection 36 (6); or
(b) varies a determination as mentioned in section 36A in respect of a payment right some or all of the units in which are subject to a registered charge;
it must give a copy of the notice to the chargee at the same time as it gives the notice to the entity.”.
[28] Paragraph 41 (5) (a)
Omit “the DAA a request”, substitute “the DAA receives a request”.
Note
1. This instrument varies the Dairy Structural Adjustment Program Scheme 2000, formulated by the Minister for Agriculture, Fisheries and Forestry and notified in the Commonwealth of Australia Gazette on 14 April 2000; as varied by Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 1) notified in the Commonwealth of Australia Gazette on 8 June 2000, by Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 2) notified in the Commonwealth of Australia Gazette on 9 August 2000, by Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 3) notified in the Commonwealth of Australia Gazette on 17 August 2000.
2. Made by the Minister for Agriculture, Fisheries and Forestry on August 2001, and notified in the Commonwealth of Australia Gazette on August 2001.
3. The Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 4) notified in the Commonwealth of Australia Gazette on 12 September 2000, ceased to have effect immediately before the day on which, under section 3 of this instrument, item 2 in Schedule 1 is taken to have commenced. The Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 5) notified in the Commonwealth of Australia Gazette on 8 December 2000, ceased to have effect immediately before the day on which, under section 3 of this instrument, item 1 in Schedule 1 is taken to have commenced. The Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 6) notified in the Commonwealth of Australia Gazette on 19 February 2001, ceased to have effect immediately before the day on which, under section 3 of this instrument, item 5 in Schedule 1 is taken to have commenced. The Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 7) notified in the Commonwealth of Australia Gazette on 18 May 2001, ceased to have effect immediately before the day on which, under section 3 of this instrument, item 20 in Schedule 1 is taken to have commenced.
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