Supplementary Dairy Assistance Scheme 2001 Variation (No. 3) (Cth)

Supplementary Dairy Assistance Scheme 2001 Variation (No. 3)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   5^th June 2002

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

Supplementary Dairy Assistance Scheme 2001 Variation (No. 3)

1.             Citation

This instrument is the Supplementary Dairy Assistance Scheme 2001 Variation (No. 3).

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 8 (2)

Add at the end:

; (c)      an interest as a party to a binding contract or other binding arrangement under which the entity would, during or after the end of the qualifying period, be entitled to hold an interest in a dairy farm enterprise as described in paragraph (b).

(2A)     A contract or arrangement conferring an option or a similar right is not a contract or arrangement for the purposes of paragraph (2) (c) unless the entity exercised the option or right,  and acquired the interest, before the end of the period after 6.30 pm on 28 September 1999 that, in the circumstances, is reasonable.

[2]           Subparagraphs 8 (5) (c) (i), (ii) and (iii)

Omit the subparagraphs, substitute:

(i)    the entity held an interest of a kind mentioned in paragraph (2) (b) or (2) (c) in a dairy farm enterprise shortly before 28 September 1999;

(ii)   on or shortly after 28 September 1999 the entity held an interest in a dairy farm enterprise only as mentioned in paragraph (2) (c) (whether or not the entity held an interest in another dairy farm enterprise at that time);

[3]           Subsection 8 (6)

Omit the subsection.

[4]           After paragraph 12 (4)

Insert:

(4A)  If a decision under subsection (1) is that the entity is eligible for an additional market milk payment right or a basic market milk payment right subject to the condition mentioned in subsection (2), but the declaration mentioned in subsection (2) is not given to the DAA within 60 days after the decision comes to the entity's attention for the purposes of subsection 36(1) or by 31 July 2002, whichever is the later, the decision under subsection (1) is taken to be, and always to have been, a decision that the entity is not eligible for an additional market milk payment right or a basic market milk payment right, as the case requires.

(4B)  The Minister may, on application by the entity or of his or her own motion, extend the period fixed by subsection (4A), either before or after the period has ended.

[5]           Subsections 13 (6)

Omit the subsection, substitute:

(6)     If a decision under subsection (1) is that the entity is eligible for a discretionary payment right subject to the condition mentioned in subsection (2), but the declaration mentioned in that subsection is not given to the DAA within 60 days after the decision comes to the entity's attention for the purposes of subsection 36(1) or by 31 July 2002 whichever is the later, the decision under subsection (1) is taken to be, and always to have been, a decision that the entity is not eligible for a discretionary payment right.

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 as varied by Supplementary Dairy Assistance Scheme 2001 Variation (No. 1) notified in the Commonwealth of Australia Gazette on 29 August 2001 and by Supplementary Dairy Assistance Scheme 2001 Variation (No. 2) notified in the Commonwealth of Australia Gazette on 27 September 2001.

2              Made by the Minister for Agriculture, Fisheries and Forestry on            2002 and notified in the Commonwealth of Australia Gazette on            2002.