Supplementary Dairy Assistance Scheme 2001 Variation (No. 2) (Cth)

Supplementary Dairy Assistance Scheme 2001 Variation (No. 2)¹

I, WARREN TRUSS, Minister for Agriculture, Fisheries and Forestry, acting under clauses 37B and 37Y of Schedule 2 of the Dairy Produce Act 1986, vary the Supplementary Dairy Assistance Scheme 2001 formulated under the Dairy Produce Act 1986 as follows.

Dated   24 September 2001

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

Supplementary Dairy Assistance Scheme 2001 Variation (No. 2)

1.             Citation

This instrument is the Supplementary Dairy Assistance Scheme 2001 Variation (No. 2).

2.             Commencement

The variations made by this instrument commence on gazettal.

3.             Variations of the Supplementary Dairy Assistance Scheme 2001

The Supplementary Dairy Assistance Scheme 2001 is varied as set out in Schedule 1.

Schedule 1        Variations of the Supplementary Dairy Assistance Scheme 2001

[1]           Subsection 14 (1)

Add at the end “as soon as practicable after the decision is made”.

[2]           After subsection 15 (6)

Insert

15 (7) In relation to a grant of a DSAP payment right after subsection 48 (3) of the Acts Interpretation Act 1901 caused the Dairy Structural Adjustment Program Scheme Amendment 2000 (No. 4) (the amendment) to cease to have effect, subsection 15 (6) does not apply to the extent that the grant would have been correct if the amendment had been in effect.

[3]           After section 20, but in Division 5.1

Insert:

20A         Inspection of register

If the owner of an SDA unit, or another person with the owner’s written consent, asks the DAA to do so, the DAA must:

(a)   allow the owner or other person to inspect an entry in the register relating to the unit; or

(b)   give the owner or other person a copy of an entry in the register relating to the unit.

[4]           After subsection 30 (1)

Insert:

(1A)    Subsection (1B) applies if:

(a)   during the reconsideration request period the DAA receives a request that requires it to reconsider a decision in relation to the grant of the SDA payment right; and

(b)   on reconsideration, the DAA or the Minister (as the case may be) confirms the decision or varies it in a way that still involves the grant of an SDA payment right; and

(c)   no application is made to the Review 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 or the Minister is taken, under section 36 (7), to have confirmed the decision—the end of 60 days  after the DAA  received the request to reconsider the decision.

(1B)     If this subsection applies, payment must be made as soon as practicable after the end of the 28-day period mentioned in paragraph (1A) (c).

[5]           After paragraph 33 (1) (b)

Add:

(c)   for inspection of an entry in the register, or issuing a copy of an entry in the register, so far as it relates to an SDA unit (section 20A)—$50.

[6]           At the end of section 33

Add:

(5)     The fee mentioned in paragraph (1) (c) is payable by the entity inspecting the entry or receiving the copy.

(6)     If an entity inspects an entry in the register, and asks for a copy of the same entry at the same time, the fee mentioned in paragraph (1) (c) is payable once only.

[7]           Subsection 37 (3)

Omit the subsection, substitute:

(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 a matter specified in a written determination of the DAA.

Note

1.             This instrument varies the Supplementary Dairy Assistance Scheme 2001, formulated by the Minister for Agriculture, Fisheries and Forestry and notified in the Commonwealth of Australia Gazette on 1 August 2001.

2              Made by the Minister for Agriculture, Fisheries and Forestry on     September 2001 and notified in the Commonwealth of Australia Gazette on        September 2001.