Commonwealth Numbered Acts

DAIRY PRODUCE ACT 1986 No. 54 of 1986 - SECT 100

100. (1) A manufacturer of dairy produce who claims to be entitled to be paid
a market support payment in respect of that dairy produce may, within a period
of 21 days, or such longer period as the Corporation, in special
circumstances, allows, after the end of the month in which that dairy produce
was exported from Australia, make application to the Corporation to be paid a
market support payment in respect of that dairy produce.

(2) An application made to the Corporation under sub-section (1) shall be in
writing, in accordance with a form approved by the Corporation, and shall
contain-

   (a)  in a case where the applicant is the exporter of the
        dairy produce-such information relating to the production and export
        of the dairy produce as is specified in the application; and

   (b)  in a case where the applicant is not the exporter of the dairy
        produce-such information relating to the production of the
        dairy produce as is specified in the application.

(3) The Corporation may, in approving the form of an application for the
purposes of sub-section (2), make provision for the whole or a part of the
information contained in the application be verified by a statutory
declaration.

(4) As soon as practicable after receipt of an application under sub-section
(1) in respect of dairy produce, the Corporation shall make an investigation
of the application without regard to legal form and-

   (a)  if it decides that the applicant has established an entitlement to a
        market support payment in respect of that dairy produce-inform the
        applicant, by notice in writing, of its decision and of the amount of
        the market support payment to which it has decided that the applicant
        is entitled in respect of that dairy produce; or

   (b)  if it decides that the applicant has not established an entitlement to
        a market support payment in respect of that dairy produce-inform the
        applicant, by notice in writing, of its decision.

(5) A notice under sub-section (4) shall set out the reasons for the decision
to which that notice relates including, in the case of a notice given under
paragraph (4) (a), the basis on which the Corporation has determined the
amount of the market support payment to which the notice relates.

(6) Where the Corporation decides under paragraph (4) (a) that an applicant
has established an entitlement to a market support payment in respect of dairy
produce, it shall, when informing the applicant of its decision, also pay to
the applicant that market support payment.