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WHEAT MARKETING ACT 1989No. 58, 1989 - SECT 64 Payment in lieu of final payment

WHEAT MARKETING ACT 1989No. 58, 1989 - SECT 64

Payment in lieu of final payment
64. (1) A person who has sold to the Board wheat for which payment is to be
according to this Division may apply to the Board for a payment in lieu of a
final payment for the wheat.

(2) If a person who could have applied under subsection (1) dies without
making an application, the application may be made by the trustee of the
person's estate.

(3) An application shall be in a form approved by the Board.

(4) Subject to subsections (6) and (7), the Board shall grant an application.

(5) The payment to be made to an applicant is the amount estimated by the
Board as the amount of the final payment that would have become payable to the
applicant under section 66 reduced by any amount the Board thinks proper
having regard to:

   (a)  the cost to the Board of borrowing money for the purpose of making
        payments under this section;

   (b)  the administrative costs incurred by the Board in dealing with the
        application; and

   (c)  any other factors the Board considers relevant.

(6) The Board shall not grant an application if it is satisfied that the
amount of the final payment for the wheat concerned cannot reasonably be
estimated or that it is likely that no final payment will be made in respect
of the wheat.

(7) The Board may refuse to grant an application if it proposes to make a
final payment for the wheat concerned within 3 months after receipt of the
application.

(8) If, at the end of 3 months, the Board has not made a final payment, it
shall grant the application unless subsection (6) applies.