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DAIRY INDUSTRY ADJUSTMENT ACT 2000 NO. 22, 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.
[ Minister's second reading speech made in—
House of Representatives on
16 February 2000
Senate on 15 March 2000 ]
(4/00)