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Dairy Exit Program Scheme 2000

Authoritative Version
Schemes as amended, taking into account amendments up to Dairy Exit Program Scheme Amendment 2003 (No. 1)
Administered by: Agriculture, Fisheries and Forestry
General Comments: The Dairy Exit Program Scheme Amendment 2000 (No. 2) was made but not tabled, therefore this instrument is not in force and was not required to be registered.
Registered 02 Feb 2007
Start Date 01 Jul 2003
End Date 09 Jul 2011
Date of repeal 09 Jul 2011
Repealed by Agriculture, Fisheries and Forestry Redundant Schemes (Revocation) Instrument 2011

Dairy Exit Program Scheme 2000

as amended

made under subsection 52C (1) of the

This compilation was prepared on 5 August 2003
taking into account amendments up to Dairy Exit
Program Scheme Amendment 2003 (No. 1)

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra


Contents

Part 1                    Preliminary                                                                                     

                        1     Name of Scheme [see Note 1]                                                              3

                        2     Commencement                                                                                  3

                        3     Definitions                                                                                           3

                        4     Calculating the value of a person’s assets                                              4

                        5     Scope of Scheme                                                                                4

Part 2                    Application for dairy exit payment                                           

                        6     Who is qualified to apply for a dairy exit payment                                   5

                        7     Lodging an application                                                                         6

                        8     Deciding an application                                                                        6

Part 3                    Claiming a dairy exit payment                                                   

                        9     Who is qualified to claim a dairy exit payment                                        7

                      9A     Allowing a longer period for paragraph 9 (1) (b)                                       9

                       10     Claiming a dairy exit payment                                                               9

                       11     Deciding a claim                                                                                10

                       12     Application of decision for certain purposes                                          11

Part 4                    Paying a dairy exit payment                                                      

                       13     When is payment payable                                                                  12

                       14     How dairy exit payment is paid                                                           12

                       15     How much is payable                                                                         12

                       16     Request for evidence                                                                          14

Part 4A                 Farm Help Retraining Grants                                                    

                    16A     Definition                                                                                           15

                    16B     Farm help retraining grants                                                                 15

                    16C     Eligibility for a farm help retraining grant                                               15

                    16D     Amount of farm help retraining grant                                                    15

                    16E     How farm help retraining grant must be used                                        15

                     16F     Providing a farm help retraining grant                                                   16

                    16G     Notice of decision                                                                              17

Part 5                    Miscellaneous                                                                               

                       17     Disclosure of information                                                                    18

                       18     Review of decisions                                                                            18

                       19     Delegation                                                                                         18

                       20     Transitional                                                                                       19

Notes                                                                                                                              20

 


Part 1                 Preliminary

  

1              Name of Scheme [see Note 1]

                This Scheme is the Dairy Exit Program Scheme 2000, also known as the DEP scheme.

2              Commencement

                This Scheme commences on 1 July 2000.

3              Definitions

                In this Scheme, unless the contrary appears:

Act means the Farm Household Support Act 1992.

Dairy Act means the Dairy Produce Act 1986.

dairy farm enterprise has the same meaning as in section 52C of the Act.

DEP information has the same meaning as in section 52C of the Act.

DSAP payment has the same meaning as in Schedule 2 to the Dairy Act.

DSAP payment start day has the same meaning as in section 52C of the Act.

DSAP scheme has the same meaning as in Schedule 2 to the Dairy Act.

effectively in control has the same meaning as in section 8C of the Act.

eligible interest in a dairy farm enterprise has the same meaning as in Schedule 2 to the Dairy Act.

farm owner or operator means a person who has a right or interest in land used for a farm enterprise.

Industry services body has the same meaning as in the Dairy Produce Act 1986.

payment right has the same meaning as in Schedule 2 to the Dairy Act.

registered owner, of a unit in a payment right granted under the DSAP scheme or the SDA scheme, means the entity recorded as the owner of the unit on the register kept under section 33 of the DSAP scheme.

SDA payment has the same meaning as in Schedule 2 to the Dairy Act.

SDA scheme has the same meaning as in Schedule 2 to the Dairy Act.

unit has the same meaning as in Schedule 2 to the Dairy Act.

Note   The following expressions are defined in the Act (section 3) and have the same meanings in this Scheme:

·        Agency

·        asset

·        CEO

·        certificate of inability to obtain finance

·        farm enterprise

·        farmer

·        partner

·        re-establishment grant

·        Secretary

·        service arrangements.

4              Calculating the value of a person’s assets

         (1)   For this Scheme, the value of a person’s assets at a particular time is to be worked out in the same way as the value of those assets would be worked out under Part 3.12 of the Social Security Act 1991.

         (2)   However, for working out the value of a person’s assets for this Scheme:

                (a)    section 1118 of the Social Security Act 1991 is modified by omitting paragraphs 1118 (1) (a) and (b); and

               (b)    if the person has a partner, assets of the partner are taken to be assets of the person; and

                (c)    the person’s personal and household effects to a maximum value of $10 000 must be disregarded; and

               (d)    any payment rights granted under the DSAP scheme or the SDA scheme to the person or, if the person has a partner, to the partner must be disregarded.

5              Scope of Scheme

                This Scheme provides for dairy exit payments to be paid by way of grant of financial assistance to people on the sale of rights or interests in farm enterprises that are, or are part of, a dairy farm enterprise.


 

Part 2                 Application for dairy exit payment

  

6              Who is qualified to apply for a dairy exit payment

         (1)   A person is qualified to apply for a dairy exit payment for a farm enterprise that is, or is part of, a dairy farm enterprise if:

                (a)    the person:

                          (i)    is an individual; and

                         (ii)    is a farmer; and

                         (iii)    is at least 18; and

                        (iv)    is an Australian resident; and

                         (v)    is in Australia; and

               (b)    the person has been a farmer in relation to the farm enterprise for a continuous period of at least 2 years immediately before the application is lodged; and

                (c)    the person is effectively in control of the person’s rights or interests in the farm enterprise; and

               (d)    a certificate of inability to obtain finance issued for the person is in effect; and

                (e)    the person has been granted a payment right under the DSAP scheme or the SDA scheme, or under each scheme.

         (2)   Also, a person is qualified for a dairy exit payment for a farm enterprise that on 28 September 1999 was, or was part of, a dairy farm enterprise if:

                (a)    the person:

                          (i)    is an individual; and

                         (ii)    was a farmer on 28 September 1999; and

                         (iii)    is at least 18; and

                        (iv)    is an Australian resident; and

                         (v)    is in Australia; and

               (b)    the person has been granted a payment right under the DSAP scheme or the SDA scheme, but not under each scheme; and

                (c)    the person’s rights or interests in the farm enterprise have been sold (and completion of the sale has taken place) after 28 September 1999 and before the person was granted a payment right under the DSAP scheme or the SDA scheme; and

               (d)    the person was a farmer in relation to the farm enterprise for a continuous period of at least 2 years immediately before the sale; and

                (e)    the person was effectively in control of the person’s rights or interests in the farm enterprise immediately before the sale.

Note   Paragraphs 9 (1) (f) and (g) provide that the person who has a partner will not qualify for a dairy exit payment if:

(a)   the person or partner has received a dairy exit payment; or

(b)   the partner has applied for a dairy exit payment, and the partner has not withdrawn that application or that application has not been rejected.

7              Lodging an application

         (1)   An application for a dairy exit payment must be lodged with the Secretary before 1 July 2002.

         (2)   The application must be in writing, in a form approved by the Secretary.

Note   A dairy exit payment is not payable to a person for an application lodged after 30 June 2002 — see paragraph 52C (3) (a) of the Act.

8              Deciding an application

         (1)   As soon as practicable after an application for a dairy exit payment is lodged, the Secretary must decide whether to accept or reject the application.

         (2)   The Secretary must accept the application if the applicant is qualified to apply.

         (3)   If the Secretary accepts the application, the Secretary must, as soon as practicable, tell the applicant, in writing, that the application has been accepted.

         (4)   If the Secretary rejects the application, the Secretary must, as soon as practicable, tell the applicant, in writing:

                (a)    that the application has been rejected; and

               (b)    the reasons for the decision; and

                (c)    that the applicant may apply for review of the decision.

Note 1   The Secretary may require a person to give information, or produce a document, to the Department if the Secretary considers that the information or document may be relevant to the question whether a person who has applied for a dairy exit payment is or was qualified for the payment — see paragraph 54 (1) (g) of the Act.

Note 2   Part 4 of the Social Security (Administration) Act 1999 provides for review of all decisions of an officer under the Farm Household Support Act 1992 (including decisions under this Scheme) first by the Secretary, the CEO or an authorised review officer, then by the Social Security Appeals Tribunal and finally by the Administrative Appeals Tribunal.


 

Part 3                 Claiming a dairy exit payment

  

9              Who is qualified to claim a dairy exit payment

         (1)   A person is qualified to claim a dairy exit payment for a farm enterprise, for which an application has been lodged under Part 2, in relation to a dairy farm enterprise if the following conditions are satisfied:

                (a)    the person’s application for the payment has been accepted under Part 2;

               (b)    the person’s rights or interests in the farm enterprise have been sold (and completion of the sale has taken place):

                          (i)    if the person was qualified to apply for the payment under subsection 6 (1), within 12 months, or such longer period as the Minister, in writing, allows under section 9A, after the application was lodged; and

                         (ii)    if the person was qualified to apply for the payment under subsection 6 (2), as mentioned in paragraph 6 (2) (c);

                (c)    immediately before the sale, the person was effectively in control of the person’s rights or interests in the farm enterprise;

               (d)    the sale was on commercial terms and at arm’s length;

                (e)    the value of the person’s assets is less than $167 500;

                (f)    the person and, if the person has a partner, the person’s partner have not previously received a dairy exit payment under this Scheme;

                (g)    if the person has a partner who has applied for a dairy exit payment:

                          (i)    the partner has withdrawn that application; or

                         (ii)    the application has been rejected;

                (h)    the person has not previously received:

                          (i)    a grant under the Rural Adjustment Scheme within the meaning of the Rural Adjustment Act 1992; or

                         (ii)    a re-establishment grant;

                 (i)    if the person has applied for a grant mentioned in subparagraph (h) (i):

                          (i)    the person has withdrawn that application; or

                         (ii)    the application has been rejected;

                (j)    if the person has asked to be paid a re-establishment grant:

                          (i)    the person has withdrawn that request; or

                         (ii)    the request has been rejected;

               (k)    the person has complied with any activity plan direction given to the person under section 13B of the Act or Division 3 of Part 2 of the Farm Help Re-establishment Grant Scheme 1997;

                 (l)    if the person is the registered owner of 1 or more units in a payment right granted to the person under the DSAP scheme or the SDA scheme — all of those units are unencumbered;

               (m)    if the person has a partner who is the registered owner of 1 or more units in a payment right granted to the partner under the DSAP scheme or the SDA scheme — all of those units are unencumbered;

                (n)    the person and, if the person has a partner, the person’s partner:

                          (i)    are not farm owners or operators; and

                         (ii)    do not own any farm plant or machinery, farm livestock or other assets essential for the effective running of a farm enterprise;

               (o)    the person agrees, in writing, with the Secretary that, if the person becomes a farm owner or operator within 5 years after making the agreement, the amount of dairy exit payment (if any) paid to the person may be recovered by the Commonwealth, on behalf of the industry services body, as a debt due to that body;

               (p)    if the person has a partner who is the registered owner of 1 or more units in a payment right granted to the partner under the DSAP scheme or the SDA scheme — the partner agrees, in writing, with the Secretary that, if the partner becomes a farm owner or operator within 5 years after making the agreement, the amount of dairy exit payment (if any) paid to the partner may be recovered by the Commonwealth, on behalf of the industry services body, as a debt due to that body.

Note   A dairy exit payment is not payable to a person in respect of a sale that is completed after 30 June 2003 — see paragraph 52C (3) (b) of the Act.

         (2)   For paragraph (1) (c), and despite the definition of effectively in control in section 3, a person is taken to have been effectively in control of his or her rights or interests in a farm enterprise immediately before the sale of those rights or interests if, after the person’s application for the payment has been accepted under Part 2, but before the sale, the person:

                (a)    entered into a valid and enforceable deed of assignment or arrangement, or a composition, under Part X of the Bankruptcy Act 1966; or

               (b)    allowed a mortgagee to take possession of, or sell, the person’s rights or interests in the farm enterprise:

                          (i)    without having defaulted on the mortgage; or

                         (ii)    having defaulted on the mortgage, but before the mortgagee had started enforcement action in relation to the default.

         (3)   For paragraph (1) (d), a divestment under the scheme known as the Retiring Farmer Assistance Scheme is not a sale at arm’s length.

         (4)   In addition to subsection (1), the partner of a person who is qualified to claim a dairy exit payment under that subsection is also qualified to claim that payment if the partner is the registered owner of 1 or more units in a payment right granted to the partner under the DSAP scheme or the SDA scheme.

         (5)   In this section, unencumbered, for a unit, has the same meaning as in clause 53 of Schedule 2 to the Dairy Act.

9A           Allowing a longer period for paragraph 9 (1) (b)

         (1)   For subparagraph 9 (1) (b) (i), the Minister may allow a longer period for the sale of a person’s rights or interests in a farm enterprise only if:

                (a)    the 12 months mentioned in the paragraph for sale of the person’s rights or interests in the farm enterprise ended on or after 1 July 2000; and

               (b)    there are reasonable grounds for believing that the rights or interests in the farm enterprise were not sold within the 12 months because of matters beyond the control of the person; and

                (c)    the person’s rights or interests in the farm enterprise have been sold and completion of the sale has taken place.

Examples of what may be reasonable grounds for paragraph (b)

1   The person made genuine attempts during the 12 months to sell the rights or interests in the farm enterprise, but no offers were made to buy them at or above their market value.

2   The person entered a voluntary foreclosure arrangement for the rights or interests in the farm enterprise with another person, but the other person did not sell the rights or interests.

3   The death or serious illness of the person or a member of the person’s family.

4   Delays by people (other than the person) or processes involved with the sale, for example, delays by a solicitor, bank or buyer.

         (2)   The period allowed by the Minister must end immediately after completion of the sale of the person’s rights or interests in the farm enterprise took place.

         (3)   If the Minister allows such a longer period for the sale of a person’s rights or interests in a farm enterprise:

                (a)    a decision by the Secretary (made before the longer period is allowed) that the person or the person’s partner was not qualified for a dairy exit payment for the farm enterprise is taken to be revoked; and

               (b)    the Secretary must reconsider whether the person and partner are qualified for a dairy exit payment for the farm enterprise.

10            Claiming a dairy exit payment

         (1)   For a person who is qualified to claim a dairy exit payment under subsection 9 (1) to receive that payment, the person must lodge a claim for the payment with the Secretary before 1 October 2003.

         (2)   The claim must:

                (a)    be in writing, in a form approved by the Secretary; and

               (b)    if the person has a partner who is the registered owner of 1 or more units in a payment right granted to the partner under the DSAP scheme or the SDA scheme:

                          (i)    include a statement to that effect; and

                         (ii)    be accompanied by the partner’s consent in writing to a claim being taken to have been lodged by him or her according to subsection (4).

         (3)   The claim must be accompanied by written evidence, in a form satisfactory to the Secretary, that the sale of the person’s rights or interests in the farm enterprise for which the claim is made has been completed.

         (4)   If:

                (a)    a person who is qualified to claim a dairy exit payment under subsection 9 (1) has lodged a claim for that payment according to subsections (1), (2) and (3); and

               (b)    the person has a partner who is also qualified to claim that dairy exit payment under subsection 9 (4);

the partner is taken to have lodged with the Secretary a claim in the proper form for that payment at the time when the person’s claim was lodged.

Note   The Secretary may require a person to give information, or produce a document, to the Department if the Secretary considers that the information or document may be relevant to the question whether a person who has applied for a dairy exit payment is or was qualified for the payment — see paragraph 54 (1) (g) of the Act.

11            Deciding a claim

         (1)   As soon as practicable after a claim by a person for a dairy exit payment is lodged, the Secretary must decide whether to accept or reject the claim.

         (2)   The Secretary must accept the claim if:

                (a)    the person is qualified to claim the dairy exit payment; and

               (b)    the claim is in accordance with section 10.

         (3)   If the Secretary accepts the claim, the Secretary must, as soon as practicable:

                (a)    decide that the person is qualified for the dairy exit payment; and

               (b)    work out the amount of the payment under Part 4; and

                (c)    tell the person, in writing, that the claim has been accepted, that the person is qualified for the payment and the amount of the payment.

         (4)   If the Secretary rejects the claim, the Secretary must, as soon as practicable, tell the person, in writing:

                (a)    that the claim has been rejected and that the person is not qualified for a dairy exit payment; and

               (b)    the reasons for the decision; and

                (c)    that the person may apply for review of the decision.

Note   Part 4 of the Social Security (Administration) Act 1999 provides for review of all decisions of an officer under the Farm Household Support Act 1992 (including decisions under this Scheme) first by the Secretary, the CEO or an authorised review officer, then by the Social Security Appeals Tribunal and finally by the Administrative Appeals Tribunal.

12            Application of decision for certain purposes

                For clause 53 of Schedule 2 to the Dairy Produce Act 1986, a decision by the Secretary under section 11 that a person is qualified for a dairy exit payment is taken to be a decision that the person is qualified for that payment in relation to each dairy farm enterprise for which the person has been granted a payment right under the DSAP scheme or the SDA scheme, or under each scheme.


 

Part 4                 Paying a dairy exit payment

  

13            When is payment payable

         (1)   A dairy exit payment is payable to a person who is qualified to claim the payment under subsection 9 (1) immediately after the later of:

                (a)    the DSAP payment start day; and

               (b)    the day when the Secretary decides under Part 3 that the person is qualified for the payment.

         (2)   However, if the person has a partner who is also qualified to claim the payment under subsection 9 (4), the payment is payable immediately after the later of:

                (a)    the DSAP payment start day; and

               (b)    the day when the Secretary decides under Part 3 that both the person and the partner are qualified for the payment.

14            How dairy exit payment is paid

                A dairy exit payment must be paid by direct deposit into an account with a financial institution nominated by the person who is to receive the payment.

15            How much is payable

         (1)   In this section:

                (a)    a reference to a person is a reference to a person who the Secretary has decided under Part 3 is qualified for a dairy exit payment because the person was qualified to claim the payment under subsection 9 (1); and

               (b)    a reference to a person’s partner is to be disregarded if the person does not have a partner.

         (2)   The amount of dairy exit payment payable to a person is to be worked out according to this section.

         (3)   However, if the Secretary decides under Part 3 that a person is qualified for a dairy exit payment because the person is qualified under subsection 9 (1) to claim the payment, and the Secretary decides under Part 3 that the person’s partner is also qualified for that payment because the partner is qualified under subsection 9 (4) to claim the payment:

                (a)    half of the amount worked out according to this section is payable to the person; and

               (b)    half of that amount is payable to the person’s partner.

         (4)   If the value of the person’s assets is $100 000 or less, the amount payable is:

$45 000 – DSAP – FHIS – SDA

                where:

DSAP is the sum of:

                (a)    the total amount of any DSAP payments paid to the person for units:

                          (i)    in a payment right granted to the person under the DSAP scheme; and

                         (ii)    the ownership of which had not been transferred before the Secretary decided under Part 3 that the person is qualified for the dairy exit payment; and

               (b)    if, before the Secretary decided under Part 3 that the person is qualified for the dairy exit payment, the person transferred to someone else (including the person’s partner) his or her ownership of 1 or more units in a payment right granted to the person under the DSAP scheme — $32 multiplied by the number of those units; and

                (c)    the total amount of any DSAP payments paid to the person’s partner for units:

                          (i)    in a payment right granted to the partner under the DSAP scheme; and

                         (ii)    the ownership of which had not been transferred before the Secretary decided under Part 3 that the partner is qualified for the dairy exit payment; and

               (d)    if, before the Secretary decided under Part 3 that the person’s partner is qualified for the dairy exit payment, the partner transferred to someone else (including the person) his or her ownership of 1 or more units in a payment right granted to the partner under the DSAP scheme — $32 multiplied by the number of those units.

FHIS is the total amount of:

                (a)    any payments of farm help income support paid to the person; and

               (b)    any payments of farm help income support paid to the person’s partner.

SDA is the sum of:

                (a)    the total amount of any SDA payments paid to the person for units:

                          (i)    in a payment right granted to the person under the SDA scheme; and

                         (ii)    the ownership of which had not been transferred before the Secretary decided under Part 3 that the person is qualified for the dairy exit payment; and

               (b)    if, before the Secretary decided under Part 3 that the person is qualified for the dairy exit payment, the person transferred to someone else (including the person’s partner) his or her ownership of 1 or more units in a payment right granted to the person under the SDA scheme — $32 multiplied by the number of those units; and

                (c)    the total amount of any SDA payments paid to the person’s partner for units:

                          (i)    in a payment right granted to the partner under the SDA scheme; and

                         (ii)    the ownership of which had not been transferred before the Secretary decided under Part 3 that the partner is qualified for the dairy exit payment; and

               (d)    if, before the Secretary decided under Part 3 that the person’s partner is qualified for the dairy exit payment, the partner transferred to someone else (including the person) his or her ownership of 1 or more units in a payment right granted to the partner under the SDA scheme — $32 multiplied by the number of those units.

         (5)   If the value of the person’s assets is more than $100 000 but less than $167 500, the amount payable is:

$45 000 – 2/3(A – $100 000) – DSAP – FHIS – SDA

                where:

A is the value of the person’s assets.

DSAP has the same meaning as in subsection (4).

FHIS has the same meaning as in subsection (4).

SDA has the same meaning as in subsection (4).

         (6)   However, for working out the amount of DSAP or SDA under subsections (4) and (5), transfer of ownership in a unit that has previously been transferred is to be disregarded.

16            Request for evidence

                The Secretary may ask a person, in writing, to provide any evidence reasonably necessary to allow the Secretary to work out the amount of dairy exit payment payable to the person.


 

Part 4A               Farm Help Retraining Grants

16A         Definition

relevant course, for a person, means any of the following courses under which a qualification may be attained that would help the person obtain employment other than as a farmer:

                (a)    a course accredited under State or Territory requirements for the accreditation of vocational education and training courses;

               (b)    a vocational education and training course under which a qualification may be attained that is recognised under State or Territory requirements for the recognition of qualifications.

Examples of State and Territory requirements for the recognition of qualifications

1   A qualification specified in a Training Package under the Northern Territory Employment and Training Authority Act 1999 of the Northern Territory.

2   Skills or knowledge recognised under a national training system of qualifications under the Training and Employment Act 2000 of Queensland.

16B         Farm help retraining grants

         (1)   Financial assistance under this Part is an additional component of a dairy exit payment.

         (2)   Financial assistance is known as a farm help retraining grant.

16C         Eligibility for a farm help retraining grant

                A person is eligible to receive a farm help retraining grant if:

                (a)    the person has received a dairy exit payment under Part 4 on or after 1 July 2000; and

               (b)    the person applies, in writing, to the Secretary on or before 30 June 2002 to receive the grant.

16D         Amount of farm help retraining grant

                The total amount of a farm help retraining grant paid to a person and, if the person has a partner, the partner must not be more than $3 500.

Note   The amount of a farm help retraining grant mentioned in this section has been worked out to take into account the price of the taxable supply of relevant courses and associated goods and services that may be obtained using the grant. For the meanings of price and taxable supply, see the A New Tax System (Goods and Services Tax) Act 1999.

16E         How farm help retraining grant must be used

         (1)   A farm help retraining grant may only be used by the following people:

                (a)    the person who is eligible to receive the grant;

               (b)    the person’s partner (if any).

         (2)   The farm help retraining grant may only be used in the following ways:

                (a)    to pay the costs for the person or partner to undertake a relevant course that starts after the person applied for the dairy exit payment under Part 2;

               (b)    to pay the costs associated with undertaking the course (for example, books, travelling, accommodation and child care expenses).

         (3)   However:

                (a)    the farm help retraining grant may only be used to pay that part of travelling and accommodation costs that is necessary to obtain a means of transport, and standard of accommodation, that is reasonable taking into account the following matters:

                          (i)    the place where the course is conducted;

                         (ii)    the distance between the person’s place of normal residence and the place where the course is conducted;

                         (iii)    any medical condition of the person for which particular transport or accommodation is needed; and

               (b)    the farm help retraining grant may be used to pay for child care only if the child care is provided under a licence in force under a law of a State or Territory.

         (4)   The farm help retraining grant may only be used to pay for those costs within 18 months after the person received the dairy exit payment under Part 4.

16F         Providing a farm help retraining grant

         (1)   If there are reasonable grounds for believing that a person is eligible to receive a farm help retraining grant, the Secretary must, as soon as practicable, give to the people who may use the grant under subsection 16E (1) a written authorisation to use, between those people, up to a total of $3 500 in accordance with subsections 16E (2), (3) and (4).

         (2)   However, the Secretary must not authorise a person unless the person agrees, in writing, with the Secretary that, if the grant is used to pay for the person to undertake a relevant course and the person fails to complete the course (other than because of matters beyond the control of the person), the amount of the grant used to pay for the course and costs associated with undertaking the course is a debt due to the Commonwealth.

Examples of what may be matters beyond the control of a person

1   The person has a medical condition that prevents the person completing the course.

2   The death or serious illness of a member of the person’s family.

Note   Section 47 of the Financial Management and Accountability Act 1997 deals with pursuing recovery of the debt.

      (2A)   An amount recovered by the Commonwealth under subsection (2) is a debt due to the industry services body.

         (3)   Subject to section 16D and subsections 16E (3) and (4), on presentation of an invoice for a cost mentioned in subsection 16E (2) relating to a person who has an authorisation under subsection (1), the Secretary must pay the amount owed.

         (4)   Subject to section 16D and subsections 16E (3) and (4), on presentation of a receipt for a cost mentioned in subsection 16E (2) relating to a person who has an authorisation under subsection (1), the Secretary must reimburse the person who paid the cost.

16G         Notice of decision

                If the Secretary decides that a person who has applied for a farm help retraining grant is not eligible for the grant, or decides not to pay an amount or reimburse a cost, the Secretary must, as soon as practicable, tell the person, in writing:

                (a)    the decision that was made; and

               (b)    the reasons for the decision; and

                (c)    that the person may apply for review of the decision.

Note   Part 4 of the Social Security (Administration) Act 1999 provides for review of all decisions of an officer under the Farm Household Support Act 1992 (including decisions under this Scheme) first by the Secretary, the CEO or an authorised review officer, then by the Social Security Appeals Tribunal and finally by the Administrative Appeals Tribunal.


 

Part 5                 Miscellaneous

  

17            Disclosure of information

         (1)   The Secretary may disclose DEP information:

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

                          (i)    the DSAP scheme; or

                        (ia)    the SDA scheme; or

                         (ii)    a provision of the Dairy Act in so far as that provision relates to either of those schemes; or

               (b)    to the industry services body in connection with the administration of the Dairy Structural Adjustment Fund.

         (2)   The Secretary may disclose DEP information to the Secretary of the Department of Agriculture, Fisheries and Forestry only if:

                (a)    the information is aggregated so that it does not reveal:

                          (i)    the identity of a person who has applied for, claimed or received a dairy exit payment; or

                         (ii)    the identity of a farm enterprise in which a person mentioned in subparagraph (i) had or has rights or interests; and

               (b)    the information is disclosed so that the Secretary of the Department of Agriculture, Fisheries and Forestry can monitor, evaluate and report on the implementation and operation of this Scheme.

18            Review of decisions

                Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister under subsection 9A (1) not to allow a longer period for the sale of a person’s rights or interests in a farm enterprise.

Note   Part 4 of the Social Security (Administration) Act 1999 provides for review of all decisions of an officer under the Farm Household Support Act 1992 (including decisions under this Scheme) first by the Secretary, the CEO or an authorised review officer, then by the Social Security Appeals Tribunal and finally by the Administrative Appeals Tribunal. However, Part 4 does not cover review of the Minister’s decisions.

19            Delegation

                The Minister may, in accordance with service arrangements, delegate in writing his or her power under subsection 9A (1) to the CEO or an employee of the Agency.

Note   For provisions about delegation of the Secretary’s powers under this Scheme, see sections 53 and 53A of the Act.

20            Transitional

                For this Scheme, a re-establishment grant paid to a person under the Restart Re-establishment Grant Scheme 1997 as in force immediately before the farm help scheme payment commencement day is taken to be a re-establishment grant paid to the person under Farm Help Re-establishment Grant Scheme 1997.

Note   For the definition of farm help scheme payment commencement day, see subsection 3 (2) of the Act.


Notes to the Dairy Exit Program Scheme 2000

Note 1

The Dairy Exit Program Scheme 2000 (in force under subsection 52C (1) of the Farm Household Support Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Dairy Exit Program Scheme 2000

7 June 2000
(see Gazette 2000, No. GN22)

1 July 2000

 

Dairy Exit Program Scheme Amendment 2000 (No. 1)

4 July 2000
(see Gazette 2000, No. S377)

1 July 2000

Dairy Exit Program Scheme Amendment 2000 (No. 3)

15 Dec 2000
(see Gazette 2000, No. S634)

18 Dec 2000 (see s. 2 and Gazette 2000, No. S634)

Dairy Exit Program Scheme Amendment 2001 (No. 1)

26 Apr 2001
(see Gazette 2001, No. GN16)

26 Apr 2001

Dairy Exit Program Scheme Amendment 2001 (No. 2)

29 Aug 2001
(see Gazette 2001, No. S355)

Ss. 1–3 and Schedule 1: 27 Mar 2001
Remainder: 29 Aug 2001

Dairy Exit Program Scheme Amendment 2003 (No. 1)

26 June 2003
(see Gazette 2003, No. S226)

1 July 2003 (see s. 2 and Gazette 2003, No. S228)

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Part 1

 

S. 3.........................................

am. 2001 No. 2; 2003 No. 1

Note to s. 3............................

rs. 2000 No. 3

R. 4.........................................

am. 2001 No. 2

Part 2

 

S. 6.........................................

rs. 2001 No. 2

 

am. 2001 No. 2

Part 3

 

S. 9.........................................

am. 2000 Nos. 1 and 3; 2001 No. 2; 2003 No. 1

S. 9A.......................................

ad. 2000 No. 3

S. 10.......................................

am. 2001 No. 2

Part 4

 

S. 12.......................................

am. 2001 No. 2

S. 15.......................................

am. 2000 Nos. 1 and 3; 2001 No. 2

Part 4A

 

Part 4A...................................

ad. 2000 No. 3

S. 16A.....................................

ad. 2000 No. 3

S. 16B....................................

ad. 2000 No. 3

S. 16C....................................

ad. 2000 No. 3

S. 16D....................................

ad. 2000 No. 3

S. 16E....................................

ad. 2000 No. 3

S. 16F.....................................

ad. 2000 No. 3

 

am. 2001 No. 1; 2003 No. 1

S. 16G....................................

ad. 2000 No. 3

Part 5

 

S. 17.......................................

am. 2001 No. 2; 2003 No. 1

Note to s. 17.........................

rep. 2000 No. 3

S. 18.......................................

ad. 2000 No. 3

S. 19.......................................

ad. 2000 No. 3

S. 20.......................................

ad. 2000 No. 3