Commonwealth Numbered Acts

DAIRY PRODUCE ACT 1986 No. 54 of 1986 - SECT 95

95. (1) The Corporation may declare in writing dairy produce of a particular
kind to be prescribed dairy produce for the purposes of this section.

(2) Where the Corporation makes such a declaration, it shall also determine in
writing the rate at which market support payments are payable in respect of
dairy produce of that kind.

(3) The rate of market support payments mentioned in sub-section (2) is an
amount per unit of that dairy produce ascertained in accordance with the
formula A X B where-
A is the relevant percentage in force at the time when that dairy produce is
so exported in relation to dairy produce of that kind; and
B is the estimated average export price in force at the time when that
dairy produce is so exported in relation to each unit of dairy produce of that
kind.

(4) For the purposes of sub-section (3), the relevant percentage in force at a
particular time in relation to dairy produce of a particular kind that is
declared under sub-section (1) to be prescribed dairy produce is-

   (a)  if no determination under sub-section (6) is in force in relation to
        dairy produce of that kind at that time-30%; or

   (b)  if a determination under sub-section (6) is in force in relation to
        dairy produce of that kind at that time-the percentage that is
        specified in that determination to be the relevant percentage in
        relation to dairy produce of that kind.

(5) For the purposes of sub-section (3), the estimated average export price in
force at a particular time in relation to a unit of dairy produce of a
particular kind that is declared under sub-section (1) to be prescribed dairy
product is the price that is, in a determination in force under sub-section
(9) at that time, specified as the estimated average export price in relation
to a unit of dairy produce of that kind.

(6) Subject to sub-sections (7) and (8), the Corporation may, at any time, for
such reasons as it considers appropriate, determine, in writing, with effect
from a day specified in the determination, the relevant percentage in relation
to dairy produce of a particular kind to be a specified percentage that is
less than 30% and, where the Corporation makes such a determination, the
determination shall have effect, according to its tenor, from that day until
it is revoked or until a later determination comes into effect under this
sub-section in respect of dairy produce of that kind.

(7) Without otherwise limiting, by implication, the generality of sub-section
(6), the Corporation shall exercise its power under that sub-section to
determine the relevant percentage in relation to dairy produce of a particular
kind with effect from a particular day in any case where the Corporation is
satisfied that the sum of the amount likely to be standing to the credit of
the Market Support Fund on that particular day and the amounts likely to be
paid into the Market Support Fund during the period of 12 months after that
day is less than the total amount that would, but for the making of the
determination, be likely to be required to be paid out of the Market
Support Fund by way of market support payments in respect of all dairy produce
that is exported during that period.

(8) The Corporation shall not, in the making of a determination in the
exercise of its powers under sub-section (6), take into account any reason
other than a reason of the kind referred to in sub-section (7) unless it has
informed the executive council, in writing, of that reason and the executive
council has agreed that that reason should be taken into account in the making
of the determination.

(9) The Corporation may, at any time, determine, in writing, with effect from
a day specified in the determination, a price to be the estimated average
export price in relation to a unit of dairy produce of a particular kind, and,
where the Corporation makes such a determination, the determination shall have
effect, according to its tenor, from that day-

   (a)  unless paragraph (b) applies-for a period of 12 months; or

   (b)  if it is revoked, or a later determination comes into effect under
        this sub-section, within that period of 12 months-until that
        revocation or until that later determination comes into effect.

(10) Without otherwise limiting, by implication, the generality of sub-section
(9), the Corporation shall, in exercising its powers under that sub-section in
relation to dairy produce of a particular kind-

   (a)  if that dairy produce is declared under sub-section (1) to be
        prescribed dairy produce with effect from 1 July 1986-make its first
        determination in respect of dairy produce of that kind with effect
        from that day; and

   (b)  if that dairy produce is declared under sub-section (1) to be
        prescribed dairy produce with effect from a later day-make its first
        determination in respect of dairy produce of that kind with effect
        from that later day, and shall make subsequent determinations, in
        relation to that dairy produce, to take effect at intervals of not
        more than 12 months after the day with effect from which the preceding
        determination took effect.