Part 1 Introductory
1 Name
of scheme [see Note
1]
This scheme is the Supplementary Dairy
Assistance Scheme 2001, also known as the SDA Scheme.
2 Commencement
[see Note 1]
This scheme commences on gazettal.
3 Interpretation
(1) Unless the contrary intention appears, words and
expressions not otherwise defined in this scheme mean what they mean in a
similar context for the purposes of the DSAP Scheme as in force for the time
being.
(2) In this scheme, unless the contrary intention
appears:
Act means the Dairy Produce Act
1986.
additional market milk payment right means an
SDA payment right granted under section 12 as an additional
market milk payment right.
approved form means a form approved by the
DAA for the purposes of this scheme or for the purposes of the DSAP scheme.
basic market milk payment right means an SDA
payment right granted under section 12 as a basic market milk payment
right.
discretionary payment right means an SDA
payment right granted under section 13.
lump sum payment means a payment under an
agreement under subsection 28 (3).
market milk number,
for a dairy farm enterprise, means the number worked out using the formula:
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100
|
´
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total number of litres
of market milk delivered by the qualifying enterprise in the 1998–1999
financial year
|
|
Total number of litres of market milk delivered by
that enterprise in that year
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+
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Total number of litres of manufacturing milk
delivered by that enterprise in that year
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owner of an SDA unit
means the entity whose ownership of the unit is entered on the register.
qualifying enterprise, in relation to an
entity, means a dairy farm enterprise in respect of which the entity has been
granted a payment right under the DSAP scheme.
qualifying period means the period starting
on 1 July 1998 and ending at 6.30 pm on 28 September 1999.
reconsideration
request period, in relation to a decision under this scheme, means:
(a) the period of 28 days after the day the
decision first comes to the attention of the entity concerned;
(b) if the decision relates to an additional
market milk payment right or basic market milk payment right and the entity
concerned accepts the decision under paragraph 36 (1) (b) (thereby waiving its
rights to reconsideration) — the period ending when the DAA receives the
notice of acceptance.
register means the register kept under
section 33 of the DSAP scheme.
Review Tribunal means:
(a) the Administrative Appeals Tribunal; or
(b) the Administrative Review Tribunal (if that
tribunal replaces the Administrative Appeals Tribunal).
(3)Section 4 of the
DSAP Scheme is to be applied, for the purposes of determining whether an
arrangement is an eligible dairy sharefarming arrangement for the
purposes of this scheme, as if there were added at the end of subsection 4 (1):
“An arrangement that provides that a fixed percentage share of milk revenue is
to be shared under the arrangement may be an eligible dairy sharefarming
arrangement even if it provides that the fixed percentage share of the milk
revenue to be shared under the arrangement is worked out after deducting costs
or expenses specified in the arrangement.”.
(4) A reference in this scheme to an entity’s
eligible lease income is a reference to the income the entity derived
as rent from a qualifying enterprise. If the entity concerned is one of 2 or
more lessors, the entity’s eligible lease income is the same percentage of the
eligible lease income of the qualifying enterprise as the entity’s percentage
of the land lease income, as determined for the purposes of the DSAP Scheme.
(5) A reference in this scheme to the total number
of litres of market milk, or the total number of litres of
manufacturing milk, delivered by a qualifying enterprise in the
1998–1999 financial year is a reference to that number as determined by the DAA
to be taken to be delivered by that enterprise in that year.
Note The following terms used in this
scheme are defined in the Act or the DSAP scheme:
base
year (DSAP scheme)
business
day (Act)
DAA
(Act)
dairy
farm enterprise (Act)
dairy‑type grant (Act).
deliver
(Act)
DSAP
payment (Act)
DSAP
unit (Act)
eligible
dairy leasing arrangement (DSAP scheme)
eligible
dairy sharefarming arrangement (DSAP scheme)
entity
(Act)
exceptional
event (DSAP Scheme)
industry
services body (Act)
manufacturing
milk (Act)
market
milk (Act)
milk
(DSAP scheme)
owner
(DSAP scheme)
public
officer (DSAP Scheme)
quarter
(Act)
register
(DSAP scheme)
SDA
payment (Act)
SDA
payment right (Act)
standard
payment right (DSAP scheme)
support
or adjustment payment (DSAP scheme)
unit
(Act)
Part 2 Eligibility for SDA payment rights
4 How
this Part relates to other provisions
An entity’s eligibility for an SDA payment right as
set out in this Part is subject to any restrictions on the entity’s eligibility
set out in the Act or in this scheme.
Note See, for example, subsection 11 (3).
5 Restrictions
on eligibility
Additional market milk payment rights and basic market milk
payment rights — support or adjustment payment declaration
(1) An entity is not eligible for an additional market
milk payment right or a basic market milk payment right unless the entity has
given a declaration to the DAA, in an approved form and signed by a person
mentioned in paragraph 15 (4) (c) of the DSAP scheme, to the effect that:
(a) the entity does not have a current,
undetermined application for a payment under the DEP scheme; and
(b) the entity has not received, after 6:30 pm on
28 September 1999, a payment under the DEP scheme or, if it has, it has paid an
equal amount to the Commonwealth by way of repayment.
Interest in dairy farm enterprise declaration
(2) An entity is not eligible for an additional market
milk payment right or a basic market milk payment right unless the entity has
given a declaration to the DAA, in an approved form and signed by a person
mentioned in paragraph 15 (4) (c) of the DSAP scheme, to the effect that the
entity satisfies the condition in paragraph 6 (1) (b).
Discretionary payment rights — support or adjustment payment
declarations
(3) An entity is not eligible for a discretionary
payment right unless the entity has given a declaration to the DAA, in an
approved form and signed by a person mentioned in paragraph 15 (4) (c) of the
DSAP scheme, to the effect that:
(a) the entity does not have a current,
undetermined application for a support or adjustment payment; and
(b) the entity has not received, after 6:30 pm on
28 September 1999, a support or adjustment payment or, if it has, it has paid
an equal amount to the Commonwealth by way of repayment.
6 Who
is eligible for additional market milk payment rights and basic market milk
payment rights
Additional market milk payment rights
(1) An entity is eligible to be granted an additional
market milk payment right if:
(a) the entity has been granted a DSAP payment
right; and
(b) the entity held an interest of a kind
mentioned in subsection (4) in the qualifying enterprise, or in another dairy
farm enterprise, at 6:30 pm on 21 May 2001; and
(c) the market milk number for the qualifying
enterprise (rounding to 1 decimal place and rounding up if the second decimal
place is 5 or more) is at least 35.1.
Basic market milk payment rights
(2) An entity is eligible to be granted a basic market
milk payment right if:
(a) the entity has been granted a DSAP payment
right; and
(b) the entity held an interest of a kind
mentioned in subsection (4) in the qualifying enterprise, or in another dairy
farm enterprise, at 6:30 pm on 21 May 2001; and
(c) the market milk number for the qualifying
enterprise (rounding to 1 decimal place and rounding up if the second decimal
place is 5 or more) is at least 25.1.
Eligibility for both additional market milk payment rights and
basic market milk payment rights
(3) If an entity is eligible to be granted a basic
market milk payment right and an additional market milk payment right, the
entity is eligible to be granted the payment right with the higher face value
and is not eligible to be granted the other payment right.
(4) The kinds of interests are the following:
(a) an interest as owner of the dairy farm
enterprise;
(b) an interest as a sharefarmer;
(c) an interest as land lessee;
(d)an interest as
land lessor;
(e) an interest as a beneficiary of a trust, the
trust property of which is or includes a dairy farm enterprise;
(f) an interest as a shareholder in a
proprietary company that operates a dairy farm enterprise.
7 Eligibility
for discretionary payment rights
An entity is eligible for a discretionary payment
right only if the entity is eligible because of section 8 or section 9.
8 Eligibility
for discretionary payment rights — significant events, significant crises
and significant anomalous circumstances
(1) An entity is eligible for a discretionary payment
right because of this section if:
(a) the entity held an interest of a kind
mentioned in subsection (2) in a dairy farm enterprise at any time during the
qualifying period; and
(b) either:
(i) the entity is taken to be affected
by a significant event or a significant crisis because of subsection (3); or
(ii) the entity is taken to be affected
by significant anomalous circumstances because of subsection (5).
(2) The kinds of interests are the following:
(a) an interest as a sharefarmer, lessor, lessee
or owner‑operator because of which the entity was granted a payment right
under the DSAP scheme;
(b) if the entity was not granted a payment right
under the DSAP scheme:
(i) an interest as a party to an
eligible dairy share farming arrangement; or
(ii) an interest as a party to an
eligible dairy leasing arrangement; or
(iii) a proprietary interest in the
land on which a milking shed is situated; or
. (iv) an interest as an owner of a dairy
farm enterprise;
(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.
Significant events or significant crises
(3) An entity is taken to be affected by a significant
event or a significant crisis because of this subsection if but only if:
(a) the entity held an interest in a dairy farm
enterprise at 6:30 pm on 28 September 1999; and
(b) the event or crisis is:
(i) an illness of a person that had a
detrimental effect on the management of the dairy farm enterprise mentioned in
paragraph (a); or
(ii) a person’s incapacity to work due
to injury that had such an effect; or
(iii) a person’s death that had such an
effect; or
(iv) the
disease or death of 1 or more dairy animals kept by the enterprise mentioned in
paragraph (a) that had a detrimental effect on the production or delivery of
milk during the 1998–1999 financial year; or
(v) an exceptional event; and
(c) there was a significant reduction in the
volume of milk delivered by the dairy farm enterprise mentioned in paragraph
(a) during the base year compared to the enterprise’s normal year volume of
milk; and
(d) the Minister is satisfied that the reduction
was attributable to the event or crisis.
(4) For the purposes of paragraph (3) (c), but without
limiting that paragraph, if the volume of milk delivered by an enterprise
during the base year is less than 70% of the enterprise’s normal year volume of
milk, the reduction may be taken to be significant.
Significant anomalous circumstances
(5) An entity is taken to be affected by significant
anomalous circumstances because of this subsection if but only if:
(a) all the following apply:
(i) the entity held an interest in a
dairy farm enterprise at 6.30 pm on 28 September 1999;
(ii) before 28 September 1999 there was
a change or an atypical feature in the ownership or management of the
enterprise;
(iii) the Minister determines that the
change or feature significantly and adversely affected the entity’s eligibility
for a payment right under the DSAP scheme, or significantly and adversely
affected the face value of such a payment right;
(iv) the Minister determines that this
subsection should apply to the entity; or
(b) all the following apply:
(i) the entity held an interest in a
dairy farm enterprise shortly before 28 September 1999 but had assigned the
interest to another person by that date;
(ii) the entity did not, on that date,
hold an interest in a dairy farm enterprise except as mentioned in subparagraph
(iii);
(iii) at 6.30 pm on 28 September 1999
the entity was a party to a binding contract or other binding arrangement under
which it would, after that date, be entitled to hold an interest in a dairy
farm enterprise;
(iv) the Minister determines that this
subsection should apply to the entity; or
(c) all the following apply:
(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);
(iv) the Minister determines that this
subsection should apply to the entity.
(7) In this section:
dairy farm enterprise includes a business in
Australia carried on with a view to delivering market milk or manufacturing
milk during the qualifying period but did not deliver such milk during that
period.
an enterprise’s normal year volume of milk is:
(a) the average of the total number of litres of
market milk and manufacturing milk delivered by the enterprise in the 3
financial years immediately before the base year; or
(b) if the volume worked out under paragraph (a)
does not, in the opinion of the DAA, fairly represent a normal year’s delivery
for the enterprise — the volume of milk that, in the DAA’s opinion, does
fairly represent a normal year’s delivery for the enterprise.
9 Eligibility for discretionary payment
rights — fall in lease income
(1) An entity satisfies this section if:
(a) the entity was granted a payment right under
the DSAP scheme in respect of a lessor interest the entity held in a dairy farm
enterprise; and
(b) the entity is not taken, under section 8, to
have been affected by a significant event, a significant crisis or significant
anomalous circumstances; and
(c) the entity passes the lease income test.
(2) For the purposes of this section, an entity held a lessor
interest in a dairy farm enterprise if, under the DSAP scheme:
(a) the enterprise was taken to be subject to an
eligible dairy leasing arrangement; and
(b) the entity was taken to be a party to that
arrangement as the lessor of land.
(3) For the purposes of this section, an entity passes
the lease income test if:
(a) both:
(i) more than 50% of the total gross
income derived by the entity in the 1999–2000 financial year consisted of
eligible lease income; and
(ii) the eligible lease income derived
by the entity in the 2000–2001 financial year is at least 20% less than the
eligible lease income derived by the entity in the 1999–2000 financial year; or
(b) both:
(i) more than 50% of the total gross
income derived by the entity in the 1999–2000, 1998–1999 and 1997–1998
financial years consisted of eligible lease income; and
(ii) the eligible lease income derived
by the entity in the 2000–2001 financial year is at least 20% less than the
average of the eligible lease income derived by the entity in the 1999–2000,
1998–1999 and 1997–1998 financial years.
(4) For the purposes of this section, the total gross
income of an entity is to be worked out in accordance with generally accepted
accounting principles.
10 Deceased
estates
Additional market milk payment rights and basic market milk
payment rights — individual dies after 28 September 1999 but at or before
6.30 pm on 21 May 2001
(1) If:
(a) an individual has been granted a DSAP
payment right; and
(b) the individual dies after 28 September 1999
but at or before 6.30 pm on 21 May 2001; and
(c) the individual’s legal personal
representative held an interest of a kind mentioned in subsection 6 (4) in the
qualifying enterprise, or in another dairy farm enterprise, at 6:30 pm on 21
May 2001; and
(d) the market milk number for the qualifying
enterprise satisfies the requirements of paragraph 6 (2) (c) or 6 (3) (c);
this scheme has effect as if:
(e) the individual’s legal personal
representative were the individual; and
(f) whatever the individual did or did not do
that affects his or her eligibility for an additional market milk payment right
or a basic market milk payment right, or the face value of such a right, had
been done or omitted by the legal personal representative.
Additional market milk payment rights and or basic market milk
payment rights — individual dies after 6.30
pm on 21 May 2001
(2) If an individual held an interest of a kind
mentioned in subsection 6 (4) in a dairy farm enterprise at 6.30 pm on 21 May
2001, but dies after that time, this scheme has effect as if:
(a) the individual’s legal personal
representative were the individual; and
(b) whatever the individual did or did not do
that affects his or her eligibility for an additional market milk payment right
or a basic market milk payment right, or the face value of such a right, had
been done or omitted by the legal personal representative.
Discretionary payment rights — individual dies after 6.30 pm on 28 September 1999
(3) If:
(a) an individual had an eligible interest in a
dairy farm enterprise at 6.30 pm on 28 September 1999 (the relevant time);
and
(b) the individual
dies after the relevant time but before a decision is made whether to grant the
individual a discretionary payment right;
this scheme has effect as if:
(c) the individual’s legal personal
representative had held the eligible interest at the relevant time; and
(d) everything the individual did or did not do
that affects his or her eligibility for a discretionary payment right had been
done or omitted by his or her legal personal representative.
Part 3 Granting SDA payment rights
11 Seeking
further information
(1) The DAA may ask an entity who it considers may be
entitled to an SDA payment right:
(a) to give the DAA specified information
relevant to the matter; or
(b) to verify by statutory declaration specified
information relevant to the matter.
(2) Despite sections 12 and 13, if the DAA makes a
request of an entity under subsection (1) before an SDA payment right is
granted to the entity, an SDA payment right cannot be granted to the entity
unless:
(a) the entity, or a person acting on behalf of
the entity, complies with the request; or
(b) the DAA is satisfied that the entity cannot
comply with the request.
(3) Despite Part 2, if the DAA makes a request of an
entity under subsection (1) before an SDA payment right is granted to the
entity but the entity, or a person acting on behalf of the entity, has not
complied with the request before the end of 6 months after the request is made,
the entity is not eligible for an SDA payment right.
(4) The DAA may, on application by an entity or of its
own motion, extend the period fixed by subsection (3), either before or after
the period has ended.
12 Grants
of additional market milk payment rights and basic market milk payment rights
Grant of additional market milk payment rights and basic market
milk payment rights
(1) As soon as practicable after the commencement of
this scheme, the DAA must decide, for each entity to which it has decided a
DSAP payment right is to be granted:
(a) whether the entity is eligible for an
additional market milk payment right or a basic market milk payment right; and
(b) if it is eligible — the face value of
the right.
(2) A decision under subsection (1) may be made subject
to the condition that the entity concerned give the DAA the declarations
mentioned in subsections 5 (1) and (2).
(3) If the decision under subsection (1) is that the
entity is eligible for an additional market milk payment right or a basic
market milk payment right, the DAA must, at the same time but subject to the Act
and the rest of this scheme, decide that the entity will be granted an
additional market milk payment right or a basic market milk payment right, as
appropriate, at the time and of the face value ascertained in accordance with
subsections (4) and (5).
Time of grant of additional market milk payment rights or basic
market milk payment rights
(4) The time at which an additional market milk payment
right or a basic market milk payment right is granted is:
(a) as soon as practicable after the end of the
reconsideration request period in respect of the decision under subsection (1),
consistently with the other paragraphs in this subsection; but
(b) if the decision under subsection (1) is
subject to the condition mentioned in subsection (2) — not before the declarations
mentioned in that subsection are received by the DAA; and
(c) if, by the end of the reconsideration
request period, the DAA has received a request that requires it to reconsider
the decision — not before the DAA makes a decision as a result of the
reconsideration, the effect of which is that the entity is eligible for an
additional market milk payment right or a basic market milk payment right.
Note 1 If the DAA receives a request
to reconsider a decision but does not confirm, revoke or vary the decision
within 60 days, section 36 (7) says that the DAA is taken to have confirmed the
decision. The 60 day period may be extended — see subsection 36
(8).
Note 2 If the decision is reviewed
by the Administrative Appeals Tribunal (see section 36), any decision
that that Tribunal makes in substitution for the DAA’s decision is taken to be
the DAA’s decision and, unless the Administrative Appeals Tribunal otherwise
orders, is deemed to have had effect on and from the day on which the DAA’s
decision had effect: see Administrative Appeals Tribunal Act 1975
section 43 (6).
(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.
Face value of additional market milk payment rights and basic
market milk payment rights
(5) The face value of an additional market milk payment
right or a basic market milk payment right granted under this section is:
(a) the face value specified in the decision
under subsection (1); or
(b) if the DAA
makes a decision as a result of the reconsideration of a decision, the effect
of which is that the entity is eligible for an additional market milk payment
right or a basic market milk payment right — the face value determined on
the reconsideration.
13 Grants
of discretionary payment rights
Decision to grant discretionary payment right
(1) At any time after the commencement of this scheme
the Minister may decide:
(a) that an entity is eligible for a
discretionary payment right; and
(b) if the Minister decides that entity is
eligible:
(i) whether to grant the right; and
(ii) if the Minister decides to grant
the right — the face value of the right and the time at which the right is
granted.
(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) A decision under subsection (1) may be made subject
to the condition that the entity concerned give the DAA a declaration mentioned
in subsection 5 (3).
(3) In deciding whether an entity is to be granted a
discretionary payment right, the matters that the Minister must take into
account include any information the DAA gives to the Minister in relation to
the matter.
(4) If the decision under subsection (1) is that the
entity is to be granted a discretionary payment right, the Minister must, at
the same time but subject to the Act and the rest of this scheme, decide that
the entity will be granted a discretionary payment right at the time and of the
face value ascertained in accordance with subsections (5) and (8).
Time of grant of discretionary payment rights
(5) The time at which a discretionary payment right is
granted is:
(a) as soon as practicable after the end of the
reconsideration request period in respect of the decision under subsection (1),
consistently with the other paragraphs in this subsection; but
(b) if the decision under subsection (1) is
subject to the condition mentioned in subsection (2) — not before the
declaration mentioned in that subsection is received by the DAA; and
(c) if, by the end of the reconsideration
request period, the DAA has received a request that requires the decision to be
reconsidered — not before a decision is made as a result of the
reconsideration, the effect of which is that the entity is eligible for a
discretionary payment right.
Note 1 If the DAA receives a request
that requires the decision to be reconsidered but the decision is not
confirmed, revoked or varied within 60 days, section 36 (7) says that the
decision is taken to have been confirmed. The 60 day period may be
extended — see subsection 36 (8).
Note 2 If the decision is reviewed
by the Administrative Appeals Tribunal (see section 36), any decision that
that Tribunal makes in substitution for the Minister’s decision is taken to be
the Minister’s decision and, unless the Administrative Appeals Tribunal
otherwise orders, is deemed to have had effect on and from the day on which the
Minister’s decision had effect: see Administrative Appeals Tribunal
Act 1975 section 43 (6).
(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.
(7) The Minister may, on application by an entity or of
his or her own motion, extend the period fixed by subsection (6), either before
or after the period has ended.
Face value of discretionary payment rights
(8) The face value of a discretionary payment right
granted under this section is:
(a) the face value specified in the decision
under subsection (1); or
(b) a decision is made as a result of the
reconsideration of a decision, the effect of which is that the entity is
eligible for a discretionary payment right — the face value determined on
the reconsideration.
Limits on number of discretionary payment rights
(9) No more than 1 discretionary payment right may be
granted to an entity in respect of a dairy farm enterprise.
14 Notice
of decision
(1) If a decision is made under section 12 or 13 about
an SDA payment right, the DAA must give an entity who is affected by the
decision a notice setting out the decision as soon as practicable after the
decision is made.
(2) The notice must:
(a) in the case of a decision about a
discretionary payment right — state whether the decision was made by the
Minister or by the DAA as delegate of the Minister; and
(b) if the decision relates to an additional
market milk payment right or a basic market milk payment right — state
that the entity may, within 28 days after the decision comes to its attention:
(i) if the entity is dissatisfied with
the decision, ask the DAA to reconsider the decision; or
(ii) tell the DAA that it accepts the
decision, thereby waiving its right to reconsideration of the decision; and
(c) if the decision relates to a discretionary
payment right and was made by the DAA as delegate of the Minister — state
that the entity may, within 28 days after receiving notice of the decision, ask
the DAA to reconsider the decision; and
(d) if the decision relates to a discretionary
payment right and was made by the Minister — state that the entity may,
within 28 days after receiving notice of the decision, ask the Minister to
reconsider the decision; and
(b) state that, if the entity is dissatisfied
with a decision made on the reconsideration confirming or varying the decision,
apply to the Review Tribunal for review of the decision as confirmed or varied.
Part 4 Face value of SDA payment rights
15 Face
value of additional market milk payment rights and basic market milk payment
rights
Additional market milk rights
(1) The face value of an entity’s additional market milk
payment right is worked out using the formula:
|
overall market milk amount for the qualifying enterprise
|
´
|
face value of that part of the entity’s DSAP payment
rights as is attributable to market milk
|
|
face value of that part of all the DSAP
payment rights granted, or that an entity is or was eligible to granted, as
is attributable to market milk delivered for the qualifying enterprise
|
(2)In subsection
(1), the overall market milk amount for a qualifying enterprise
is the amount worked out using the formula:
|
relevant cents
|
´
|
total number of
litres of market milk delivered by the qualifying enterprise in the 1998–1999
financial year
|
where:
relevant cents means:
(a) if the market milk number is at least
45 — 12 cents; or
(b) if the market milk number is at least 35.1
and less than 45 — the number of cents worked out using the formula:
(market milk number — 35) ´ 1.2.
(3) However, if the amount worked out under subsection
(2) is more than $60,000, the overall market milk amount is taken to be
$60,000.
Basic market milk rights
(4) The face value of an entity’s basic market milk
payment right is worked out using the formula:
|
overall market milk amount
for the qualifying enterprise
|
´
|
face value of that
part of the entity’s DSAP payment rights as is attributable to market milk
|
|
face value of that
part of all the DSAP payment rights granted, or that an entity is or was
eligible to granted, as is attributable to market milk delivered for the
qualifying enterprise
|
(5) In subsection (4), the
overall market milk amount for a qualifying enterprise is:
(a) if the market milk number for the
entrerprise is at least 25.1 and less than 30.1 — $10,000; or
(b) if the market milk number is at least
30.1 — $15,000.
(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.
(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.
16 Face
value of discretionary payment rights
Payment rights granted under section 8 — significant events,
significant crises and significant anomalous circumstances
(1) The face value of a discretionary payment right
granted to an entity on the basis that it is eligible for the payment right
because of section 8 is the amount determined by the Minister in relation to
the right.
(2) In determining the face value of such a
discretionary payment right, the Minister must take the following into account:
(a) the extent to which the event, crisis or
anomalous circumstance contributed to the reduction in the amount of milk
delivered, or to the way in which the DSAP payment rights in respect of the
enterprise concerned were shared between the parties to any arrangement in
respect of the enterprise;
(b) the amount that would have been the face
value of a standard payment right for the entity if the volume of milk
delivered by the qualifying enterprise in the base year had been the same as
the qualifying enterprise’s normal year volume of milk;
(c) if the entity
was granted the discretionary payment right on the basis that paragraph 8 (5)
(b) or (c) applies — the volume of milk delivered in the base year by the
enterprise in which the entity acquired an interest as mentioned in those
paragraphs;
(d) if the entity is eligible for an additional
market milk payment right or a basic market milk payment right in respect of
the relevant dairy farm enterprise — the amount that would have been the
face value of that additional market milk payment right or basic market milk
payment right if the volume of milk delivered by the qualifying enterprise in
the base year had been the same as the enterprise’s normal year volume of milk;
(e) if the entity would be eligible for an
additional market milk payment right or a basic market milk payment right in
respect of the relevant dairy farm enterprise but for paragraph 6 (1)
(a) — the face value of any additional market milk payment right or basic
market milk payment right for the entity in respect of that enterprise if it
were so eligible.
Payment rights granted under section 9 — fall in entity’s
eligible lease income
(3) The face value of a discretionary payment right
granted to an entity on the basis that it is eligible for the payment right
because of section 9 is the amount worked out using the formula:
3
´ reduction in entity’s eligible lease income
where:
reduction in entity’s eligible lease income
means the higher of the following amounts:
(a) the amount of the reduction in the eligible
lease income in the 2000–2001 financial year from the amount of eligible lease
income in the 1999–2000 financial year; and
(b) the amount of the reduction in the eligible
lease income in the 2000–2001 financial year from the average of the amounts of
eligible lease income in the 1997–1998, 1998–1999 and 1999–2000 financial
years.
17 Discretionary
payment rights — caps
Payment rights granted under section 8
(1) The total face value of a discretionary payment
right granted to an entity in respect of a particular dairy farm enterprise on
the basis that it is eligible because of section 8 must not be more than:
(a) the amount that would have been the face
value of a standard payment right if the volume of milk delivered by the
enterprise in the base year had been the same as the enterprise’s normal year
volume of milk; and
(b) the amount
that would have been the face value of an additional market milk payment right
or basic market milk payment right (whichever is appropriate) granted to the
entity if it were eligible for it and the volume of milk delivered by the
enterprise in the base year had been the same as the enterprise’s normal year
volume of milk;
less the total of the following payment rights granted to the
entity in respect of the enterprise:
(c)all payment
rights under the DSAP Scheme;
(d) any additional market milk payment right;
(e) any basic market milk payment right.
Payment right granted under section 9
(2) The face value of all discretionary payment rights
granted in respect of a particular dairy farm enterprise on the basis that the
entity satisfies section 9 must not be more than $60,000.
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.
Part 5 SDA units in SDA payment rights
Division 5.1 SDA units in SDA payment rights
18 Number
of SDA units in an SDA payment right
Each SDA payment right consists of the number of
SDA units worked out as follows:
(a) divide the face value of the payment right
by 32;
(b) if the result is a whole number of dollars,
that number is the number of SDA units in the payment right;
(c) if the result is less than $1, there is 1
SDA unit in the payment right;
(d) if the result is more than $1, but is not a
whole number of dollars:
(i) round the result up or down to the
nearest whole number (rounding up in the case of a number exactly half‑way
between 2 whole numbers); and
(ii) the rounded number is the number
of SDA units in the payment right.
19 Transfer
of SDA units
(1) The owner of an SDA unit may:
(a) transfer ownership of the unit to another
entity; or
(b) grant a charge over the unit to another
entity.
(2) However, the owner of an SDA unit must not:
(a) dispose of a unit in respect of which a lump
sum payment is to be made or has been made;
(b) dispose of the unit by way of a declaration
of trust; or
(c) transfer a beneficial interest in the unit
independently of the legal interest in the unit; or
(d) transfer ownership of the unit if a charge is
registered over it.
(3) A purported disposal or transfer that contravenes
subsection (2) is of no effect.
(4) If an individual who owns an SDA unit dies, the
ownership of the unit is transferred by force of this subsection to the legal
personal representative of the individual.
(5) A transfer of ownership or grant of a charge is of
no effect unless it is registered under section 20.
(6) To avoid doubt, subsections (2) and (5) apply in relation
to a transfer to a person as beneficiary of the estate of a deceased holder of
SDA units.
20 SDA
units to be included in the register
(1) The DAA must include
in the register the following particulars of each SDA unit:
(a) for the entity who owns the unit:
(i) the entity’s name and address; and
(ii) if the entity is a
corporation — its Australian Business Number (within the meaning of the A
New Tax System (Australian Business Number) Act 1999) or its Australian
Company Number or Australian Registered Body Number (within the meaning of the Corporations
Act 2001); and
(iii) details of the account nominated
by the entity to receive payments; and
(iv) the number of SDA units owned by
the entity; and
(v) whether the entity has applied for
a dairy exit payment or a dairy‑type grant;
(b) for each charge over the unit:
(i) the name and address of the entity
in whose favour the charge is granted; and
(ii) the amount of the charge;
(c) details of payments that have been made in
relation to the unit;
(d) a register identification number.
(2) If an entity transfers ownership of an SDA unit, or
grants a charge over an SDA unit, either party to the transaction may notify
the DAA about the transaction.
(3) If a charge over an SDA unit is discharged, the entity
in whose favour the charge was granted may notify the DAA that the unit is no
longer subject to the charge.
(4) A notice under subsection (2) or (3) must be in an
approved form.
(5) A notice under subsection (2) must include a
declaration by the transferee or, if the transferee is a corporation, its
public officer, certifying that the documents effecting the transfer or the
grant of the charge have been stamped as required by a law of a State or
Territory that relates to stamp duty.
(6) If the DAA receives notice of a transaction under
subsection (2) or (3), it must amend the register to show the revised
details of the SDA unit, and the date of the transaction.
(7) However, a transfer of the ownership of an SDA unit
may only be registered if:
(a) the transferee:
(i) is a primary producer; or
(ii) acquires ownership of the unit as
the beneficiary of a deceased estate; or
(iii) is already the registered owner
of 1 or more DSAP units or SDA units, unless the transferee is a bank or other
financial institution; or
(b) the transferee gives the DAA a written
undertaking to transfer the SDA unit to a primary producer within 60 days after
the transfer is registered.
Note If the entity breaches this
undertaking, the DAA may commence procedures leading to cancellation of the SDA
unit: see section 24.
(8) Despite subsection (6), the DAA must not give effect
to a direction, notice or request in respect of a matter specified in paragraph
20 (1) (a) from an entity who owns an SDA unit that is subject to a registered
charge unless:
(a) the chargee has joined in or agreed to the
direction, notice or request; or
(b) the DAA has given at least 14 days written
notice to the chargee.
This subsection does not affect the operation of section 32.
(9) In this section:
primary producer has the same meaning as in
section 157 of the Income Tax Assessment Act 1936.
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.
Division 5.2 Cancellation of SDA units
21 Cancellation
of SDA units — false statement
(1) Subsection (2) applies if:
(a) before an SDA payment right is granted, an
entity makes a false statement to a person exercising powers, or performing
functions, under or in connection with Part 2 of Schedule 2 to the Act, the
DSAP scheme or this scheme; and
(b) an SDA payment right is granted because of
the making of the false statement.
(2) If this subsection applies, the DAA may cancel all
of the SDA units in the payment right.
(3) Subsection (4) applies if:
(a) before an SDA payment right is granted, an
entity makes a false statement to a person exercising powers, or performing
functions under or in connection with Part 2 of Schedule 2 to the Act, the DSAP
scheme or this scheme; and
(b) as a result of action taken relying on the false
statement, the face value of the payment right exceeds the amount that would
have been the face value if the false statement had not been made.
(4) If this subsection applies, the DAA may cancel the
number of SDA units in the payment right worked out by:
(a) dividing the number of whole dollars in the
amount of the excess by 32; and
(b) if the result is more than $1, but is not a
whole number of dollars, rounding down the result to the nearest whole number.
(5) In this section:
false statement has the same meaning as in
clause 50 of Schedule 2 to the Act.
Note If an SDA unit is cancelled under
this section, Schedule 2 to the Act and this scheme have effect as if the SDA
unit had never existed: see subclause 50 (2) of Schedule 2 to the Act.
22 Cancellation
of SDA units — error
(1) Subsection (2)
applies if:
(a) an error is made in relation to the grant of
an SDA payment right (other than an error by the entity who owns the SDA unit
or another entity who gave the DAA information about the matter under section
11);
(b) section 21 does not apply; and
(c) the payment right would not have been
granted if the error had not been made.
(2) If this subsection applies, the DAA may cancel all
the SDA units in the payment right.
(3) Subsection (4) applies if:
(a) an error is made in relation to the grant of
an SDA payment right (other than an error by the entity who owns the SDA unit
or another entity who gave the DAA information about the matter under section
11);
(b) section 21 does not apply; and
(c) as a result of the error, the face value of
the payment right exceeds the amount that would have been the amount of the
face value if the error had not been made.
(4) If this subsection applies, the DAA may cancel the
number of SDA units in the payment right worked out by:
(a) dividing the number of whole dollars in the
amount of the excess by 32; and
(b) if the result is more than $1, but is not a
whole number of dollars, rounding down the result to the nearest whole number.
(5) The DAA must not cancel an SDA unit under this
section if:
(a) 1 or more SDA payments in respect of the SDA
unit are made before the DAA becomes aware of the error; and
(b) the DAA is satisfied that the entity, or each
of the entities, that received the payment, or payments, acted in good faith.
Note If an SDA unit is cancelled under
this section, Schedule 2 to the Act and this scheme have effect as if the SDA
unit had never existed: see subclause 51 (3) of Schedule 2 to the Act.
(6) Subsection (5) does not apply in respect of an SDA
unit if each of the following agrees in writing to the cancellation of the
unit:
(a) the entity who is the registered owner of
the unit;
(b) if a charge is registered in respect of the
unit — the entity in whose favour the charge has been granted.
The agreement may be on terms the DAA thinks proper.
23 Variation
where SDA unit entitlement less than proper amount
(1) If at any time the DAA becomes aware that the face
value of an SDA payment right, as determined under another provision of this scheme,
is less than the proper amount:
(a) it may, with or without an application to do
so, vary the determination of the face value so that it is the proper amount;
and
(b) do whatever is necessary (including amending
the register) to give effect to the variation.
(2) A variation takes effect from the day on which it is
made or, if another day is specified for that purpose in the notice under
section 26 in relation to the variation, that other day.
24 Cancellation
of SDA units — breach of undertaking to transfer the SDA units
(1) Subsection (2)
applies if:
(a) an entity (the first entity)
gives the DAA an undertaking under paragraph 20 (7) (b) to transfer an SDA unit
to a primary producer; and
(b) the first entity breaches the undertaking.
(2) If this subsection applies, the DAA may give the
first entity a notice directing it to comply with the undertaking before the
end of a period of 60 days beginning when the direction is given.
(3) The DAA may cancel the SDA unit if:
(a) the DAA gives a notice under subsection (2)
to an entity; and
(b) the entity contravenes the direction.
Note If an SDA unit is cancelled under
this section, the cancellation takes effect from the end of the 60 day period: see
subclause 52 (2) of Schedule 2 to the Act.
25 Cancellation
of SDA units — dairy exit payment becomes payable
(1) Subsection (2) applies if:
(a) an entity has been granted an SDA payment
right in relation to a dairy farm enterprise; and
(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
(c) immediately before the decision is made, the
entity is the registered owner of 1 or more unencumbered SDA units in the
payment right.
(2) If this subsection applies, the DAA may cancel the
SDA unit or SDA units.
(3) In this section:
unencumbered SDA unit means an SDA unit over
which no charge is registered.
Note If an SDA unit is cancelled under
this section, the cancellation takes effect from the time when the decision is
made under the DEP scheme: see subclause 53 (2) of Schedule 2 to the
Act.
26 Notice
of decision
(1) If the DAA cancels an
SDA unit under section 21, 22, 24 or 25 or varies a determination as mentioned
in section 23, the DAA must give the entity who owned the SDA unit a notice:
(a) setting out the decision (the initial
decision), and the reasons for it; and
(b) stating that:
(i) the entity may, if dissatisfied
with the initial decision, seek its reconsideration by the DAA; and
(ii) the entity may, if dissatisfied
with a reconsidered decision made by the DAA confirming or varying the initial
decision, apply to the Review Tribunal for review of the reconsidered decision.
(2) If the DAA:
(a) cancels an SDA unit under section 22 with
the consent of a chargee as mentioned in subsection 22 (6); or
(b) varies a determination as mentioned in section
23 in respect of an SDA payment right some or all of the SDA units in which are
subject to a registered charge;
it must give a copy of the notice to the chargee at the same time
as it gives the notice to the entity.
Part 6 Making payments
27 General
(1) An SDA payment must not be made for a quarter that
starts earlier than 1 July 2000.
(2) An SDA payment must not be made for a quarter that
is later than the quarter ending on 30 June 2008.
28 Payments
(1) The industry services body must pay, out of the
Dairy Structural Adjustment Fund, to the registered owner of each SDA unit, the
sum of $1 in respect of:
(a) the quarter in which the SDA payment right
is granted to the entity; and
(b) each earlier quarter.
(2) The industry services body must pay, out of the
Dairy Structural Adjustment Fund, to the registered owner of each SDA unit, the
sum of $1 in respect of each quarter after the quarter in which the SDA payment
right is granted to the entity.
(3) The DAA and the entity may agree, before the first
payment in respect of an SDA unit in an additional market milk payment right or
basic market milk payment right is made to the entity, that payment in respect
of that unit in respect of quarters that start after the quarter in which the
agreement is made (remaining quarters) is to be made by way of
lump sum. If the agreement concerns an SDA unit over which a charge is
registered, the agreement is of no effect unless the person in whose favour the
charge is registered is a party to the agreement.
(4) The amount of the lump sum in respect of an SDA unit
in an additional market milk payment right or basic market milk payment right
is to be the amount worked out using the formula:
number
of remaining quarters ´ $1.
(5) Payment to an entity, in accordance with this
scheme, of a lump sum is a complete discharge in favour of the industry
services body of the entity’s rights to receive a payment in respect of an
additional market milk payment right or basic market milk payment right in
respect of the remaining quarters.
29 Payment
to legal personal representatives
If an individual is entitled to receive an SDA
payment and the payment has not been made at the date of the individual’s
death, the amount of the payment is payable to the individual’s legal personal
representative.
30 When
payment must be made
(1) Subject to this scheme, if an entity is entitled to
be paid an amount under subsection 28 (1), the payment must be made as soon as
practicable after the end of the reconsideration request period in relation to
the grant of the SDA payment right.
(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).
(2) Subsection (3) applies if:
(a) during the reconsideration request period
the DAA or the Minister (as the case may be) receives a request that requires
the reconsideration of the decision; and
(b) on reconsideration, the decision is
confirmed, revoked or varied; and
(c) within 28 days after:
(i) the DAA or the Minister (as the
case may be) gives notice of the reconsidered decision to an entity who is
affected by the decision; or
(ii) if the DAA or the Minister (as the
case may be) is taken, under subsection 36 (5) or (6), to have confirmed the
decision:
(A) the end of 60 days after
the DAA or the Minister (as the case may be) received the request to reconsider
the decision; or
(B) if the period of 60 days
was extended under subsection 36 (7) — at the end of the period as so
extended after the DAA or the Minister (as the case may be) received the
request to reconsider the decision;
an application has been made to the Review
Tribunal for review of the decision; and
(d) either:
(i) on review, the Review Tribunal
confirms the decision, varies it in a way that still involves the grant of the
payment right or dismisses the application for review (for whatever reason); or
(ii) the applicant withdraws the
application for review.
(3) If this subsection applies, the payment must be made
as soon as practicable after the Review Tribunal confirms or varies the
decision or dismisses the application, or the application is withdrawn
(whichever is relevant).
(4) Subject to this scheme, if an entity is entitled to
be paid an amount under subsection 28 (2) for a quarter, the payment is due
before the end of the 10th business day after the first day of the quarter.
(5) Payment of a lump sum must be made as soon as
practicable after the agreement mentioned in subsection 28 (3) is made and in
any event no later than the end of the quarter next after the agreement is
made.
(6) If an SDA payment is due to be paid to an entity,
the payment may be recovered, as a debt due to the entity, by action in a court
of competent jurisdiction.
31 How
payment must be made
An SDA payment to an entity must be paid by
electronic funds transfer to an account held by the entity with a bank or other
financial institution.
32 Withholding
payments at request of entity
(1) This section applies
if:
(a) an SDA payment right has been granted to an
entity; and
(b) the entity has applied for a dairy‑type
grant.
(2) If this section applies, the entity may ask the DAA,
in writing, to withhold further SDA payments that become payable to the entity
in respect of the payment right until the application for a dairy‑type
grant is determined.
(3) If the DAA receives a request under subsection (2),
it must withhold SDA payments that become due to the entity after the DAA
receives the request until:
(a) the DAA receives notice that the entity’s
application for a dairy‑type grant has been rejected; or
(b) the entity tells the DAA, in writing, that it
is no longer pursuing the dairy‑type grant; or
(c) the DAA receives notice that the entity’s
claim for the dairy‑type grant has been determined; 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 30 September 2008 – 30 September 2008.
(4) If the entity’s payment right is cancelled under
section 25, the entity’s entitlement to the withheld payments is cancelled.
(5) If the entity’s application or claim for a dairy‑type
grant is rejected, or the entity tells the DAA, in writing, that it is no
longer pursuing the grant:
(a) the SDA payments that have been withheld are
due to be paid to the entity before the end of the 10th business day after the
DAA receives the notice; and
(b) SDA payments that become payable to the
entity after the DAA receives the notice are payable in accordance with section
30.
(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 10th business day after 30 September 2008; and
Part 7 Miscellaneous
33 Fees
(1) The following fees are payable under this scheme:
(a) for registration of a transaction mentioned
in subsection 20 (2) involving an SDA unit — $50;
(b) for registration of a discharge of a charge
over an SDA unit — $50.
(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.
(2) However, the fee is not payable if the transaction,
discharge inspection or issue takes place within 6 months after:
(a) the payment right containing the SDA unit is
granted; and
(b) the reconsideration request periods and, if
applicable, review periods for decisions in relation to the grant of the
payment right have expired; and
(c) all requests for reconsideration of
decisions in relation to the grant of the payment right have been dealt with;
and
(d) any review by the Review Tribunal of a
decision in relation to the grant of the payment right has been concluded.
(3) The fee mentioned in paragraph (1) (a) is payable by
the transferor or entity granting the charge.
(4) The fee mentioned in paragraph (1) (b) is payable by
the entity in whose favour the charge was granted.
(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.
34 Remission
of penalties
If an amount of penalty is payable under clause 49
of Schedule 2 to the Act in relation to this scheme, the DAA may remit the
whole or a part of that amount.
35 Delegation
of powers by Minister
(1) The Minister may, either generally or as otherwise
provided by the instrument of delegation, by writing signed by him or her,
delegate to the DAA all or any of his or her powers under this scheme, other
than this power of delegation.
(2) A power so delegated, when exercised by the
delegate, shall, for the purposes of this scheme, be taken to have been
exercised by the Minister.
(3) A delegation under this section does not prevent the
exercise of a power by the Minister.
36 Reconsideration
and review of decisions
(1) An entity who is affected by a decision under this
scheme in respect of an SDA payment right may, by notice given to the DAA
within 28 days after the decision comes to its attention:
(a) ask for a reconsideration of the decision;
or
(b) in the case of a decision about an additional
market milk payment right or basic market milk payment right — accept the
decision, thereby waiving its right to reconsideration of the decision.
(2) For subsection (1), if the DAA sends a notice of
decision to an entity by post, the notice is taken to have come to the entity’s
attention at the end of 4 business days after the DAA posts it.
(3) A request for a reconsideration of a decision must
set out the reasons for making the request.
(4) If the DAA receives a request for a reconsideration
of a decision:
(a) if the decision is:
(i) in connection with an additional
market milk payment right or a basic market milk payment right; or
(ii) is in connection with a
discretionary payment right and was made by the DAA as delegate of the
Minister;
the DAA must reconsider each decision to
which the request relates as soon as practicable after receiving the request;
and
(b) if the decision is in connection with any
other discretionary payment right — the DAA must refer the request to the
Minister.
(5) When the DAA reconsiders a decision under subsection
(4), it must:
(a) confirm the decision; or
(b) revoke the decision; or
(c) vary the decision in whatever way the DAA
thinks fit.
(6) The Minister must, in respect of each request
referred to him or her under subsection (4), reconsider the decision to which
the request relates as soon as practicable after receiving the request and
must:
(a) confirm the decision; or
(b) revoke the decision; or
(c) vary the decision in whatever way the
Minister thinks fit.
(7) If the DAA or the Minister does not, under
subsection (5) or (6), confirm, revoke or vary the decision within 60 days
after the day on which the DAA receives the request for a reconsideration of
the decision, the DAA or the Minister, as the case may be, is taken to have
confirmed the decision at the end of the 60 days.
(8) The entity who made the request for a
reconsideration of the decision may agree, before the end of the 60 days, with:
(a) for a decision to which subsection (5)
relates — the DAA;
(b) for a decision to which subsection (6)
relates — the Minister; and
that, for the purposes of
subsection (7), the period of 60 days is extended as set out in the agreement.
(9) If a decision is confirmed, revoked or varied under
subsection (5) or (6) before the end of the period mentioned in subsection (7)
or the end of that period as extended under subsection (8), the DAA must give
an entity who is affected by the decision a notice:
(a) setting out the result of the
reconsideration and the reasons for confirming, revoking or varying the
decision, as the case may be; and
(b) stating that the entity may, if dissatisfied
with the decision confirmed or varied, apply to the Review Tribunal for review
of the decision.
(10) If a decision is confirmed or varied under subsection
(5) or (6), an entity who is affected by the decision may apply to the Review
Tribunal for review of the decision.
37 Certain
things may be done electronically
(1) The provisions of Part 2 of the Electronic
Transactions Act 1999 apply as provisions of this scheme and so apply as if
the references in that Part to a law of the Commonwealth were references to
this scheme.
(2) The DAA may, in approving a form for the purposes of
this scheme or otherwise:
(a) fix requirements as to particular kinds of
electronic communication and as to methods of signature or identification; and
(b) designate information systems.
(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.