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Dairy Industry Adjustment Bill 2000
Schedule 2 Amendment of other Acts

   

Bankruptcy Act 1966

1  After paragraph 116(2)(mca)

Insert:

                (mcb)  amounts paid to the bankrupt as a dairy exit payment within the meaning of the Farm Household Support Act 1992 ;

2  Subparagraph 116(2)(md)(i)

Omit “or (mca)”, substitute “, (mca) or (mcb)”.

3  Subsection 116(2D) (paragraph (c) of the definition of exempt money )

After “(mca)”, insert “, (mcb)”.

Farm Household Support Act 1992

4  Subsection 3(2)

Insert:

dairy exit payment means a payment under the DEP scheme.

5  Subsection 3(2)

Insert:

DEP scheme means the scheme referred to in section 52C.

6  Subsection 4(4) (paragraph (b) of the definition of relevant Secretary )

After “in relation to”, insert “dairy exit payments,”.

7  Paragraph 6(a)

Omit “financial assistance and”, substitute “financial assistance and/or”.

8  After Part 9B

Insert:

Part 9C Dairy exit payments

   

52C   DEP scheme

             (1)  The Minister may, by written instrument:

                     (a)  formulate a scheme for the provision of payments, to be made after the DSAP payment start day, by way of grant of financial assistance to people on the sale of dairy farm enterprises, or rights or interests in dairy farm enterprises; and

                     (b)  provide for the implementation and regulation of the scheme.

The scheme is to be known as the DEP scheme and a payment is to be known as a dairy exit payment .

             (2)  Without limiting subsection (1), the scheme may deal with:

                     (a)  the circumstances in which people are qualified to apply for dairy exit payments; and

                     (b)  the procedure for applying for a payment; and

                     (c)  the circumstances in which a payment is payable; and

                     (d)  the amount of payment payable; and

                     (e)  the method for paying a payment.

             (3)  A dairy exit payment is not payable to a person:

                     (a)  in respect of an application lodged after 30 June 2002; or

                     (b)  in respect of any sale that is completed after 30 June 2003.

             (4)  An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

             (5)  The DEP scheme may provide for the disclosure of DEP information:

                     (a)  to the Dairy Adjustment Authority in connection with the administration of:

                              (i)  the DSAP scheme (within the meaning of Schedule 2 to the Dairy Produce Act 1986 ); or

                             (ii)  a provision of the Dairy Produce Act 1986 in so far as that provision relates to that scheme; or

                     (b)  to the Australian Dairy Corporation in connection with the administration of the Dairy Structural Adjustment Fund.

             (6)  Subsection (5) does not, by implication, limit subsection (1).

             (7)  In this section:

dairy farm enterprise has the same meaning as in Schedule 2 to the Dairy Produce Act 1986 .

DEP information means information disclosed or obtained for the purposes of:

                     (a)  the DEP scheme; or

                     (b)  a provision of this Act, in so far as that provision relates to the DEP scheme.

DSAP payment start day has the same meaning as in Schedule 2 to the Dairy Produce Act 1986 .

9  At the end of section 53

Add:

             (4)  In this section:

this Act includes the DEP scheme.

10  At the end of section 53A

Add:

             (8)  In this section:

this Act includes the DEP scheme.

11  At the end of subsection 54(1)

Add:

               ; or (g)  the question whether a person who has applied for a dairy exit payment is or was qualified for the payment; or

                     (h)  the question whether a dairy exit payment was payable to a person who has received it.

12  Section 55

After “exceptional circumstances relief payment”, insert “, dairy exit payments”.

Note:       The heading to section 55 is altered by inserting “ , dairy exit payments ” after “ exceptional circumstances relief payment ”.

13  After subsection 56(2) (before the note)

Insert:

             (3)  If:

                     (a)  an amount purporting to be an amount of dairy exit payment has been paid to a person; and

                     (b)  some or all of the amount was not payable to the person;

the amount that was not payable may be recovered by the Commonwealth, on behalf of the Australian Dairy Corporation, as a debt due to the Australian Dairy Corporation.

14  At the end of section 57

Add:

             (5)  Dairy exit payments are to be made out of the Dairy Structural Adjustment Fund.

Income Tax Assessment Act 1997

15  At the end of subsection 118-37(1)

Add:

                   ; (e)  a dairy exit payment within the meaning of the Farm Household Support Act 1992 .

Remuneration Tribunal Act 1973

16  After paragraph 7(9)(aa)

Insert:

                   (ab)  in the case of remuneration or allowances payable to a person who holds an office as a member of the Dairy Adjustment Authority—be paid in accordance with the determination out of the Dairy Structural Adjustment Fund;

Social Security Act 1991

17  Subsection 23(1)

Insert:

Farm Household Support Act 1992 includes the DEP scheme under that Act.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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