Martin and Dairy Adjustment Authority

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 321

ADMINISTRATIVE APPEALS TRIBUNAL      )

)           No V2003/1069

GENERAL ADMINISTRATIVE DIVISION		)
Re		GREGORY MARTIN

Applicant

And DAIRY ADJUSTMENT AUTHORITY

Respondent

DECISION

Tribunal Mrs Joan Dwyer, Senior Member

Date30 March 2004

PlaceMelbourne

Decision The Tribunal affirms the decision under review.

[sgd] Mrs Joan Dwyer

Senior Member

DAIRY ADJUSTMENT AUTHORITY – Dairy Structural Adjustment Program Scheme 2000 – cancellation of units in a standard payment right – matter remitted from Federal Court –remitted for consideration of whether applicant made a false statement that dairy farm enterprise was not subject to “an eligible dairy sharefarming arrangement” – “false statement” in s 35 of the scheme requires only that statement is objectively false – nature of arrangement between applicant and workers on farm – requirement that entity be entitled to “a fixed percentage share of the milk revenue of a dairy farm” – purpose of section to protect those entities affected by falling milk prices – finding that there was “an eligible dairy sharefarming arrangement” – finding that applicant made a false statement – decision under review affirmed.

Dairy Structural Adjustment Program Scheme 2000 (Cth)

Acts Interpretation Act 1901, s 15AA.

Musgrave v Martin [2003] FCA 920
Re Martin and Dairy Adjustment Authority and Carinya Dairy Pty Ltd [2002] AATA 726

Re Rogers and The Dairy Adjustment Authority and the Van Diemen's Land Company - Dairies Ltd (VDLD) Pinegrove [2001] AATA 937

REASONS FOR DECISION

30 March 2004   Mrs Joan Dwyer, Senior Member

1.       This matter has been remitted to the Tribunal by the Federal Court (Musgrave v Martin [2003] FCA 920). Weinberg J, on 2 September 2003, set aside a decision of the Administrative Appeals Tribunal made on 26 August 2002 (Re Martin and Dairy Adjustment Authority and Carinya Dairy Pty Ltd [2002] AATA 726). The Tribunal had set aside a decision of the Dairy Adjustment Authority (“the Authority”) made on 20 April 2001 and affirmed on 13 July 2001, to cancel 903 units registered in the name of Mr Martin under the Dairy Structural Adjustment Program Scheme 2000 Commonwealth (“the Scheme”).

2.       It is not necessary to set out again the way in which the issue arose.  It is a consequence of the Dairy Industry Adjustment Package which was developed to assist the dairy industry adjust to deregulation.  It is well understood by the parties and has been thoroughly explained both in the Tribunal decision and in the decision of Weinberg J.

3.       The facts were briefly summarised by Weinberg J who said (at paragraph 6 of his reasons for judgment):

6 On 11 July 2000, Mr Martin applied for compensation under the Scheme. On 29 December 2000, the Authority accepted that Mr Martin was entitled to a standard payment right. It conferred payment, in the form of 10,997 "units", with a face value of $351,913, upon him. However, on 20 April 2001 it cancelled 903 of those units. It did so because it concluded…