Supplementary Dairy Assistance Scheme 2001 Variation (No. 4) (Cth)

Supplementary Dairy Assistance Scheme 2001 Variation (No. 4)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                 17 September 2002

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

Supplementary Dairy Assistance Scheme 2001 Variation (No. 4)

1.             Citation

This instrument is the Supplementary Dairy Assistance Scheme 2001 Variation (No. 4).

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]           After subsection 13 (1)

Insert:

(1A)    A decision under subsection (1) may not be made after 1 January 2003 unless:

(a)               the decision is made under section 36 (which relates to reconsideration of decisions) or by the Review Tribunal; or

(b)               the Minister determines that, in the circumstances, the decision should be made.

[2]           Subsection 15 (6)

Omit the subsection, substitute:

(6)     However, if:

(a)     the entity has been granted a DSAP payment right; and

(b)     the conditions in paragraphs 51 (1) (a), (b) and (c) of Schedule 2 of the Act are satisfied in relation to the entity; and

(c) because of subclause 51 (2) of Schedule 2 of the Act the DAA cannot cancel 1 or more units in the DSAP payment right;

the face value of the basic market milk payment right or the additional market milk payment rights is reduced by an amount equal to $32 ´ the number of units in the DSAP payment right that the DAA cannot cancel because of subclause 51 (2) of Schedule 2 of the Act. If the amount of the reduction is more than the face value of the payment right, the face value of the payment right is zero.

Note        Schedule 2 clause 51 of the Act, and section 36 of the DSAP scheme, relate to cases where there has been an error by the DAA.

[3]           After section 17 but in Part 4

Insert:

17A         Discretionary payment rights granted on section 9 basis—refunding DSAP overpayments

If:

(a)     an entity has been granted a discretionary payment right on the basis that it is eligible for the payment right because of section 9; and

(b)     the entity has been granted a DSAP payment right; and

(c)     the conditions in paragraphs 51 (1) (a), (b) and (c) of Schedule 2 of the Act are satisfied in relation to the entity; and

(d) because of subclause 51 (2) of Schedule 2 of the Act the DAA cannot cancel 1 or more units in the DSAP payment right;

the face value of the discretionary payment right as worked out in accordance with sections 16 and 17 is reduced by an amount equal to $32 ´ the number of units in the DSAP payment right that the DAA cannot cancel because of subclause 51 (2) of Schedule 2 of the Act. If the amount of the reduction is more than the face value of the payment right as so worked out, the face value of the payment right is zero.

Note           Schedule 2 clause 51 of the Act, and section 36 of the DSAP scheme, relate to cases where there has been an error by the DAA.

17B         No double refunding of DSAP overpayments

For an entity, the total of the amounts by which:

(a)   the face value of a basic market milk payment right or a additional market milk payment right is to be reduced under subsection 15 (6); and

(b)   the face value of a discretionary payment right is to be reduced under section 17A;

is not to be more than the amount equal to $32 ´ the number of units in the DSAP payment right that the DAA cannot cancel because of subclause 51 (2) of Schedule 2 of the Act.

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 and by Supplementary Dairy Assistance Scheme 2001 Variation (No. 3) notified in the Commonwealth of Australia Gazette on 6 June 2002.

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