Commonwealth Numbered Acts

DAIRY PRODUCE ACT 1986 No. 54 of 1986 - SECT 99

99. (1) A person may make application to the Corporation, in writing, in a
form approved by the Corporation for the purposes of this section, requesting
the Corporation to determine that the rate of market support payment that is
in force at the time of the making of that application in respect of units of
dairy produce of a particular kind will be paid in respect of dairy produce of
that kind that is exported from Australia by that person during a period, or
under a contract of sale (whether or not that contract has been entered into
at the time of the application), that is specified by that person in that
application.

(2) Upon receipt of an application by a person under sub-section (1), the
Corporation may, in its discretion, determine in writing that the rate of
market support payment that was in force on the day when the application was
made in respect of the dairy produce to which the application relates shall be
paid-

   (a)  in respect of all of that dairy produce that is exported by that
        person during the period that is the subject of that application or
        during such part of that period as the Corporation specifies or in
        respect of such part of that dairy produce as the Corporation
        specifies; or

   (b)  in respect of all of that dairy produce that is exported by that
        person under that contract for sale that is the subject of the
        application or in respect of such part of that dairy produce as the
        Corporation specifies, and, where the Corporation makes such a
        determination, market support payments shall be paid at that rate in
        respect of the dairy produce to which the determination relates,
        notwithstanding any other provision of this Act.

(3) Where the Corporation makes a determination under sub-section (2) fixing
the rate at which market support payments will be made, that determination may
be expressed to be subject to such conditions as are specified in the
determination including a condition requiring the person to whom market
support payment is made to give security, in a form satisfactory to the
Corporation, for the performance of that person's obligations in relation to
the export of the dairy produce in respect of which the payment is made.