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Agriculture, Fisheries and Forestry Legislation Amendment Bill (No. 2) 1998
Schedule 2 Amendment of the Dairy Produce Act 1986

   

1  Paragraph 106(c)

Omit “section 108E”, substitute “sections 108E and 108EA”.

2  Paragraph 106(d)

Omit “section 108F”, substitute “sections 108EB and 108F”.

3  After section 108E

Insert:

108EA   Levy rebates: Victorian gas supply failure

             (1)  A manufacturer is entitled to be paid by the Corporation a manufacturing milk levy rebate in respect of a month if:

                     (a)  the manufacturer paid manufacturing milk levy on manufacturing milk delivered to the manufacturer during that month; and

                     (b)  the manufacturer destroyed some or all of the milk at the manufacturer’s factory during the period that started on 26 September 1998 and ended at the end of 5 October 1998 as a result of the gas supply failure in Victoria.

             (2)  The amount of the rebate payable to a manufacturer under this section is an amount equal to the difference between:

                     (a)  the amount of manufacturing milk levy paid by the manufacturer in respect of the relevant month; and

                     (b)  the amount of manufacturing milk levy that would have been imposed on the manufacturer in respect of that month if the quantity of milk destroyed had not been delivered to the manufacturer during that month.

             (3)  A manufacturing milk levy rebate is not payable under this section unless a written application in accordance with a form approved by the Corporation is submitted to the Corporation within 28 days after the commencement of this section.

             (4)  The Corporation may include in the approved application form a requirement that the whole or a part of the information contained in an application be verified by statutory declaration.

             (5)  As soon as practicable after it receives an application under this section, the Corporation must:

                     (a)  if it decides that the applicant is entitled to a rebate—notify the applicant in writing of its decision and of the amount of the rebate to which the applicant is entitled; or

                     (b)  if it decides that the applicant is not entitled to a rebate—notify the applicant in writing of its decision.

             (6)  A notice under paragraph (5)(a) must set out the basis on which the Corporation has determined the amount of the rebate to which the applicant is entitled.

             (7)  A notice under paragraph (5)(b) must set out the reasons for the Corporation’s decision.

             (8)  If the Corporation gives an applicant a notice under paragraph (5)(a), it must, at the same time, pay the applicant the amount of rebate specified in the notice.

108EB   Payment to milk producers: Victorian gas supply failure

             (1)  A producer is entitled to be paid by the Corporation an amount worked out under subsection (2) if:

                     (a)  before 6 October 1998, the producer produced a quantity of milk for the purpose of delivering it to a manufacturer as manufacturing milk; and

                     (b)  as a result of the gas failure in Victoria, the producer did not deliver the quantity of milk to a manufacturer, but destroyed it during the period that started on 26 September 1998 and ended at the end of 5 October 1998.

             (2)  The amount payable to a producer under this section is an amount equal to the amount of domestic market support payment that would have been payable by the Corporation to the producer if the producer had delivered the prescribed quantity of milk to a manufacturer.

             (3)  For the purposes of subsection (2), the prescribed quantity of milk is the quantity of milk destroyed less any of that milk in relation to which the producer has received, or is entitled to receive, a payment relating to liquid milk for human consumption in Australia.

             (4)  An amount is not payable under this section unless a written application in accordance with a form approved by the Corporation is submitted to the Corporation within 3 months after commencement of this section.

             (5)  An application may be made:

                     (a)  by a producer; or

                     (b)  by 2 or more producers jointly; or

                     (c)  by a person on behalf of 1 or more producers.

             (6)  The Corporation may include in the approved application form a requirement that the whole or a part of the information contained in an application be verified by statutory declaration.

             (7)  As soon as practicable after it receives an application under this section, the Corporation must:

                     (a)  if it decides that the producer, or any producer, to whom the application relates is entitled to a payment—notify the applicant in writing of its decision and of the amount of the payment; or

                     (b)  if it decides that the producer, or any producer, to whom the application relates is not entitled to a payment—notify the applicant in writing of its decision.

             (8)  A notice under paragraph (7)(a) must set out the basis on which the Corporation has determined the amount specified in the notice.

             (9)  A notice under paragraph (7)(b) must set out the reasons for the Corporation’s decision.

           (10)  If the Corporation gives an applicant a notice under paragraph (7)(a), it must, at the same time, pay the amount specified in the notice.

4  Subsection 118(1) (definition of relevant payment decision )

After “108E”, insert “, 108EA, 108EB”.