Supplementary Dairy Assistance Scheme 2001 Variation (No. 5) (Cth)

Supplementary Dairy Assistance Scheme 2001 Variation (No. 5)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 October 2002

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

Supplementary Dairy Assistance Scheme 2001 Variation (No. 5)

1.             Citation

This instrument is the Supplementary Dairy Assistance Scheme 2001 Variation (No.5).

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 3 (5), note

Add:

dairy-type grant (Act).

[2]           Subparagraph 20 (1) (a) (v)

Add at the end “or a dairy-type grant”.

[3]           Paragraph 25 (1) (b)

Omit the paragraph, substitute:

(b)     a decision is made:

(i)    under the DEP scheme that the entity is qualified for a dairy exit payment in relation to the enterprise; or

(ii)   under the farm help re-establishment grant scheme (within the meaning of the Farm Household Support Act 1992) that the entity is qualified for a dairy-type grant; and

[4]           Paragraph 32 (1) (b)

Omit paragraph (b), substitute:

(b)   the entity has applied for a dairy exit payment or a dairy-type grant.

[5]           Paragraph 32 (2)

Omit “a dairy exit payment”, substitute “a dairy exit payment or a dairy-type grant”.

[7]           Paragraphs 32 (3) (a), (b) and (c)

Omit “dairy exit payment” (wherever appearing), substitute “dairy exit payment or dairy-type grant”.

[8]           Paragraphs 32 (3) (d)

Omit the paragraph, substitute:

(d)   if the notice related to an application for a dairy exit payment and the entity does not lodge a claim for a dairy exit payment before 1 October 2003 — 1 October 2003; or

(e)   if the notice related to an application for a dairy-type grant and the entity does not lodge a claim for a dairy-type grant before 1 December 2004 — 1 December 2004.

[7]           Paragraph 32 (5)

Omit all words to and including “pursuing the dairy exit payment”, substitute: “If the entity’s application for a dairy exit payment or a dairy-type grant, or claim for the payment or grant, is rejected, or the entity tells the DAA, in writing, that it is no longer pursuing the dairy exit payment or dairy-type grant”.

[10]         After subsection 32 (6)

Insert:

(7)     If paragraph (3) (e) applies:

(a)     the SDA payments that have been withheld are due to be paid to the entity before the end of the 10^th business day after 1 April 2005; and

(b)     SDA payments that become payable to the entity after 1 April 2005 are payable in accordance with section 44.

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 and by Supplementary Dairy Assistance Scheme 2001 Variation (No. 4) notified in the Commonwealth of Australia Gazette on 24 September 2002.

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