Primary Industry Funding Schemes (Deer Industry Fund) Variation Regulations 2016 (SA)
South Australia
Primary Industry Funding Schemes (Deer Industry Fund) Variation Regulations 2016
under the Primary Industry Funding Schemes Act 1998
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Variation provisions
Part 2—Variation of Primary Industry Funding Schemes (Deer Industry Fund) Regulations 2002
4 Variation of regulation 3—Interpretation
5 Variation of regulation 4—Establishment of Fund
6 Substitution of regulation 6
6 Refund of contributions to Fund
7 Variation of regulation 7—Application of Fund
8 Revocation of Part 3
Part 1—Preliminary
1—Short title
These regulations may be cited as the Primary Industry Funding Schemes (Deer Industry Fund) Variation Regulations 2016.
2—Commencement
These regulations come into operation on the day on which they are made.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Primary Industry Funding Schemes (Deer Industry Fund) Regulations 2002
4—Variation of regulation 3—Interpretation
Regulation 3, definitions of carcass and Chief Inspector—delete the definitions
Regulation 3, definitions of inspector and large species deer—delete the definitions
Regulation 3, definitions of net proceeds and owner—delete the definitions
Regulation 3, definition of small species deer—delete the definition
5—Variation of regulation 4—Establishment of Fund
Regulation 4(3)(b)—after "these regulations" insert:
as in force immediately before the commencement of the Primary Industry Funding Schemes (Deer Industry Fund) Variation Regulations 2016
Regulation 4(3)(c)—after "Part 3" insert:
as in force immediately before the commencement of the Primary Industry Funding Schemes (Deer Industry Fund) Variation Regulations 2016
6—Substitution of regulation 6
Regulation 6—delete the regulation and substitute:
6—Refund of contributions to Fund
(1)In connection with the proposed winding up of the Fund under the Act in 2016, the procedure for making a claim for a refund of contributions made to the Fund is as set out in this regulation.
(2)A person who has paid contributions to the Fund before the commencement of this regulation in respect of a registration period for which the person would have been entitled to make a claim for a refund under these regulations as in force immediately before the commencement of the Primary Industry Funding Schemes (Deer Industry Fund) Variation Regulations 2016 may, by notice in writing to the Minister before 30 April 2016, make a claim for a refund of those contributions.
(3)If the person satisfies the Minister that the person is entitled to a refund, the Minister must pay to the person an amount to be calculated—
(a)if the registration period in respect of which the contribution was paid is in its first year—in accordance with the following formula:
where—
R is the amount of the refund;
C is the amount of the contributions paid by the person in respect of the registration period for which the claim is made;
M1 is the number of whole months for which the person was registered as a deer keeper (and had paid contributions) in the first 12 months of the registration period in respect of which the claim is made;
I1 is the annual short term interest rate for the financial year that comprises or ends in the first 12 months of the registration period in respect of which the claim is made (as published by the Reserve Bank of Australia) expressed as a percentage;
(b)if the registration period in respect of which the contribution was paid—
(i)is in its second year; or
(ii)has expired no longer than 12 months before the commencement of this regulation,
in accordance with the following formula:
where—
R is the amount of the refund;
C is the amount of the contributions paid by the person in respect of the registration period for which the claim is made;
M1 is the number of whole months for which the person was registered as a deer keeper (and had paid contributions) in the first 12 months of the registration period in respect of which the claim is made;
I1 is the annual short term interest rate for the financial year that comprises or ends in the first 12 months of the registration period in respect of which the claim is made (as published by the Reserve Bank of Australia) expressed as a percentage;
M2 is the number of whole months for which the person was registered as a deer keeper (and had paid contributions) in the second 12 months of the registration period in respect of which the claim is made;
I2 is the annual short term interest rate for the financial year that comprises or ends in the second 12 months of the registration period in respect of which the claim is made (as published by the Reserve Bank of Australia) expressed as a percentage.
7—Variation of regulation 7—Application of Fund
Regulation 7(1)(a) and (b)—delete paragraphs (a) and (b)
Regulation 7(1)(f)—delete "(including expenses incurred in assessing compensation payable under these regulations and expenses incurred by an inspector under regulation 9 if those expenses exceed the proceeds of sale obtained under that regulation)"
Regulation 7(2)—after "this Part" insert:
as in force immediately before the commencement of the Primary Industry Funding Schemes (Deer Industry Fund) Variation Regulations 2016,
Regulation 7(3)—delete subregulation (3)
8—Revocation of Part 3
Part 3—delete the Part
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 21 January 2016
No 7 of 2016
15MAFF0079
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