Commonwealth Numbered Acts

DAIRY PRODUCE ACT 1986 No. 54 of 1986 - SECT 106

106. (1) The Minister shall, on or before 1 July 1986, determine, in writing,
that, with effect from that day, the rate at which supplementary
market support payments are payable in respect of a unit of dairy produce of a
particular kind, being dairy produce of a kind that is declared under
sub-section 95 (1) to be prescribed dairy produce, shall be the rate specified
in the determination.

(2) The Corporation shall, on or before 1 July 1986, determine, in writing,
that, with effect from that day, the rate at which supplementary market
support payments are payable in respect of a unit of dairy produce of a
particular kind, not being dairy produce of a kind that is declared under
sub-section 95 (1) to be prescribed dairy produce, shall be the rate specified
in the determination.

(3) The Corporation may, at any time after 1 July 1986, determine, in writing,
that, with effect from a day specified in the determination, being a day on or
after the day on which that determination is made the rate at which
supplementary market support payments are payable in respect of a unit of
dairy produce of a particular kind, whether or not that dairy produce is dairy
produce of a kind declared under sub-section 95 (1) to be prescribed dairy
produce, shall be the rate specified in the determination.

(4) A determination under sub-section (1) or (2) has effect according to its
tenor from 1 July until a determination under sub-section (3) comes into
effect.

(5) A determination under sub-section (3) has effect, according to its tenor,
from the day on which it is expressed to take effect until it is revoked or a
later determination under that sub-section comes into effect.

(6) The Corporation shall review the rate at which supplementary market
support payments are payable in respect of units of dairy produce of each
respective kind, whether or not that dairy produce is dairy produce of a kind
declared under sub-section 95 (1) to be prescribed dairy produce-

   (a)  at any time when the Corporation is of the opinion that the money
        standing to the credit of the Supplementary Fund may not be sufficient
        to sustain supplementary market support payments at the rates in force
        at that time; and

   (b)  on 1 July 1987 and at the end of each period of 6 months thereafter.

(7) In determining the rate, under sub-section (3), at which supplementary
market support payments are payable in respect of a unit of dairy produce of a
particular kind, whether that rate is so determined as a result of a review
conducted under sub-section (6) or otherwise, the Corporation shall-

   (a)  if the rate is to be determined in respect of a unit of dairy produce
        of a kind that has been declared under sub-section 95 (1) to be
        prescribed dairy produce-ensure that the rate so determined bears to
        each of the rates that is determined under sub-section (3) in relation
        to dairy produce of each other kind that has been so declared the same
        proportion as the estimated average export price in force at that time
        under sub-section 95 (5) in relation to a unit of dairy produce of
        that first-mentioned kind bears to the estimated average export price
        in force at that time under sub-section 95 (5) in relation to a unit
        of dairy produce of each other kind that has been so declared; and

   (b)  if the rate is to be determined in respect of a unit of dairy produce
        of a kind that has not been declared under sub-section 95 (1) to be
        prescribed dairy produce-the Corporation shall have regard to the
        rates of supplementary market support payment that are applicable to
        dairy products that have been so declared and to such other matters as
        it considers to be relevant.

(8) Where market support payments that would be payable in respect of dairy
produce that is exported from Australia are so payable in accordance with a
special rate determined for the purpose by the Corporation under section 97,
then, notwithstanding the other provisions of this section, the rate of
supplementary market support payments in respect of each unit of that dairy
produce is such special rate as is determined by the Corporation, in writing,
to be appropriate in the particular circumstances.