Queensland Consolidated Regulations Queensland Consolidated RegulationsThe objective of the scheme is to provide assistance to eligible applicants who, because of an occurrence of bovine Johne’s disease in Queensland, have suffered financial loss as a result of 1 or more of the following—
(a) the slaughter of cattle;
(b) alternative supply actions affecting cattle;
(c) the short-term quarantine of cattle.
(1) The purpose of the assistance under the scheme is to help an eligible applicant recover from the financial impact of slaughtering, taking alternative supply actions affecting, or carrying out the short-term quarantine of, cattle under planned slaughter or testing conditions.
(2) However, assistance under the scheme is not intended to compensate eligible applicants for losses suffered as a result of slaughtering, taking alternative supply actions affecting, or carrying out the short-term quarantine of, cattle.
In this schedule—
"accepted value" , of an animal to which an application relates, means—
(a) if the applicant bought the animal—the purchase price for the animal; or
(b) otherwise—the value of the animal stated in the latest approved valuation report for the animal.
Examples of alternative supply actions—• feeding, agisting or consigning the cattle to a feedlot• transporting the cattle to an alternative market
(a) by a person accredited as an A1, A2 or A3 assessor of cattle by AuctionsPlus Pty Ltd ACN 072 403 984; andEditor’s note—The requirements for gaining A1, A2 and A3 assessor accreditation are stated on AuctionsPlus Pty Ltd’s website.
(b) in accordance with the Ausvetplan operational procedures.
Examples—• a farm• a feedlot
(a) the name and address of the entity that issued the receipt; and
(b) if the entity has an Australian Business Number—the Australian Business Number; and
(c) a description of each item to which the receipt relates.
(a) affecting cattle—(i) that are infected, or suspected to be infected with bovine Johne’s disease; and(ii) to which either of the following relate—(A) a notice under the repealed Stock Act 1915 , section 14 (1) ; or(B) an undertaking under the repealed Stock Act 1915 , section 14 (2) ; and
(b) stated in a property disease investigation plan or property disease eradication plan.
Note—At the commencement of this definition, the processes for destocking under a property disease eradication plan were set out in item 2.9 of the PDIP guide.
(1) An applicant is a
"related entity" of a person to whom section 7 (e) (i) or (ii) applies if the authority considers—(a) a relationship of a type to which this section applies exists between them; or(b) a series of relationships of a type to which this section applies can be traced between them through another person or other persons.
(2) This section applies to relationships between the applicant and the person of any of the following types—(a) a marriage, de facto relationship or civil partnership;(b) a relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common;(c) a relationship of employer and employee;(d) a relationship in which the applicant and the person own or control the same—(i) cattle; or(ii) land where cattle are kept; or(iii) infrastructure or equipment for keeping cattle;(e) a relationship in which one of them is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other;(f) a relationship in which one of them is a corporation and the other is in a position to control or substantially influence the corporation’s conduct.
The nature of the assistance that may be given under the scheme is the provision of 1 or more of the following—
(a) a grant to help an eligible applicant recover from the financial impact of the slaughter of cattle under planned slaughter or testing conditions (
"direct market assistance" );
(b) a grant to help an eligible applicant recover from the financial impact of taking alternative supply actions affecting cattle under planned slaughter or testing conditions (
"supply chain pathway assistance" );
(c) a grant (
"short-term assistance" ) to help an eligible applicant recover from the financial impact of carrying out the short-term quarantine of cattle under planned slaughter or testing conditions.
The maximum amount of the total assistance that may be given to an eligible applicant for all forms of assistance under the scheme is $200,000.
Note—See section 11C (2) for the maximum amount of short-term assistance that may be given to an eligible applicant.
An applicant is eligible for assistance under the scheme if—
(a) the applicant owns cattle in Queensland; and
(b) either—(i) an inspector has given a notice under the repealed Stock Act 1915 , section 14 (1) , for any of the cattle because the cattle are infected, or suspected to be infected, with bovine Johne’s disease; or(ii) the applicant has given an undertaking under the repealed Stock Act 1915 , section 14 (2) , relating to any of the cattle because of bovine Johne’s disease or suspected bovine Johne’s disease; and
(c) the notice or undertaking—(i) was in force on 20 November 2012; or(ii) has been in force at any time since that day; and
(d) the applicant is eligible for 1 or more of the following—(i) direct market assistance under section 8 ;(ii) supply chain pathway assistance under section 10 ;(iii) short-term assistance under section 11B ; and
(e) the applicant is not a related entity of a person who—(i) has been granted assistance under the scheme; or(ii) has made an application that has not been decided; and
(g) the applicant has not already received the maximum amount of assistance under the scheme; and
(h) if the applicant has brought cattle into Queensland from another State on or after 20 November 2010—the applicant has obtained a certificate of health for the cattle.
(1) An applicant is eligible for direct market assistance for slaughtering cattle if, in addition to being satisfied of the matters mentioned in section 7 , the authority is satisfied—(a) the applicant has prepared a property disease investigation plan or a property disease eradication plan (each a
"relevant plan" ) in response to bovine Johne’s disease; and(b) the applicant has slaughtered relevant cattle under the relevant plan.
(2) However, the applicant is not eligible for direct market assistance for slaughtering an animal—(a) that was 11 years or older; or(b) in relation to which—(i) assistance under the scheme has already been granted; or(ii) an earlier application has been made but is yet to be decided.
(3) In this section—
"chief inspector" see the repealed Stock Act 1915 , schedule 2 .
"relevant cattle" means cattle of any of the following categories, required to be slaughtered under planned slaughter or testing conditions under a relevant plan—(a) cattle that have come from a cattle holding where there have been cattle infected with bovine Johne’s disease;Editor’s note—In property disease investigation plans, this category of cattle is commonly referred to as ‘trace forward’ cattle.(b) cattle kept on a cattle holding where there are, or have been, other cattle infected with bovine Johne’s disease;(c) cattle from which a blood or faecal sample, taken by an inspector or veterinary surgeon, reacts positively to a test for bovine Johne’s disease that is—(i) of a type approved by the chief inspector; and(ii) conducted by a laboratory accredited by the National Association of Testing Authorities Australia ABN 59 004 379 748 to conduct veterinary testing.
"veterinary surgeon" see the Veterinary Surgeons Act 1936 , schedule .
(1) The amount of direct market assistance that may be given to an eligible applicant for the slaughter of an animal to which section 8 (1) (b) applies is the amount that is the relevant percentage of the animal’s accepted value worked out under subsection (2) less the amount of the deduction, if relevant, worked out under subsection (3) .
(2) For subsection (1) , the amount that is the relevant percentage of the animal’s accepted value is—(a) if the accepted value is no more than $2,500—25% of the accepted value; or(b) if the accepted value is more than $2,500 but no more than $3,000—35% of the accepted value; or(c) if the accepted value is more than $3,000—50% of the accepted value.
(3) If the animal was older than 7 years when slaughtered, the amount worked out under subsection (2) must be reduced by 25% of that amount for each whole year the animal was above that age.Example—An animal had an accepted value of $4,000 and was 10 years and 3 months old when slaughtered. Under subsection (2) (c) the amount of assistance would have been $2,000 (50% of $4,000) but, under subsection (3) , is reduced by $1,500 (25% of $2,000 cumulatively over 3 years). The amount of assistance is therefore $500.
(4) This section is subject to section 6 .
(1) An applicant is eligible for supply chain pathway assistance if, in addition to being satisfied of the matters mentioned in section 7 , the authority is satisfied—(a) cattle owned by the applicant are, or have been—(i) subject to planned slaughter or testing conditions; or(ii) kept on a cattle holding where cattle are, or have been, subject to planned slaughter or testing conditions; and(b) the applicant has prepared a supply chain plan for the cattle that has been approved by the chief executive; and(c) the applicant has taken the alternative supply actions affecting the cattle stated in the plan.
(2) However, the applicant is not eligible for supply chain pathway assistance for the costs incurred in taking alternative supply actions that affect any of the cattle if—(a) supply chain pathway assistance has already been granted for—(i) the same costs in relation to the cattle; or(ii) the costs incurred in taking alternative supply actions in relation to the cattle under a supply chain plan other than the plan mentioned in subsection (1) (b) ; or(b) direct market assistance has already been granted in relation to the cattle; or(c) an earlier application has been made in relation to the cattle but is yet to be decided.
(1) The amount of supply chain pathway assistance that may be given to an eligible applicant is half of the amount of the costs incurred by the applicant in carrying out the alternative supply actions to which the application relates.
(2) This section is subject to section 6 .
In this part—
"disease plan" means—
(a) a property disease investigation plan; or
(b) a property disease eradication plan.
(1) An applicant is eligible for short-term assistance if, in addition to being satisfied of the matters mentioned in section 7 , the authority is satisfied—(a) cattle owned by the applicant have been, but are no longer—(i) under short-term quarantine; and(ii) subject to planned slaughter or testing conditions under a disease plan prepared by the applicant in response to bovine Johne’s disease; and(b) the applicant has incurred costs in implementing the disease plan; and(c) the applicant has not already received the maximum amount of short-term assistance that may be given to an eligible applicant.
(2) However, the applicant is not eligible for short-term assistance for the costs incurred in carrying out the short-term quarantine of any of the cattle if—(a) short-term assistance has already been granted for—(i) the same costs in relation to the cattle; or(ii) the costs incurred in carrying out the short-term quarantine of the cattle under a disease plan other than the plan mentioned in subsection (1) (a) (ii) ; or(b) direct market assistance has already been granted in relation to the cattle; or(c) an earlier application has been made in relation to the cattle but is yet to be decided.
(1) The amount of short-term assistance that may be given to an eligible applicant is half of the amount of the costs incurred by the applicant in implementing the disease plan.Examples of costs—• costs of feeding or agisting the cattle or consigning the cattle to a feedlot• costs of transporting the cattle to an alternative market
(2) However, the maximum amount of short-term assistance that may be given to an eligible applicant is $20,000.
(3) Also, this section is subject to section 6 .
(1) Payment of assistance under the scheme is subject to the conditions stated in subsections (2) to (6) .
(2) The applicant must give the authority—(a) each of the following documents that is relevant to the assistance applied for—(i) the property disease investigation plan;(ii) the property disease eradication plan;(iii) the supply chain plan; and(b) any other document the authority reasonably requires to decide whether or not the applicant is a related entity of a person to whom section 7 (e) (i) or (ii) applies.Examples of another document—a lease, an agistment contract
(3) If the application relates to the slaughter of, alternative supply actions affecting, or the short-term quarantine of, cattle that were brought into Queensland from another State on or after 20 November 2010, the applicant must give the authority the certificate of health for the cattle.
(4) If the application is for direct market assistance, the applicant must give the authority evidence of the accepted value of each slaughtered animal in the form of—(a) for an animal bought by the applicant—tax invoices, official receipts for payment or bank statements; or(b) otherwise—the latest valuation report for the animal.
(5) If the application is for supply chain pathway assistance, the applicant must give the authority evidence of the costs incurred in carrying out the alternative supply actions in the form of tax invoices, official receipts for payment or bank statements.
(5A) If the application is for short-term assistance, the applicant must give the authority evidence of the costs incurred in carrying out the short-term quarantine of the cattle in the form of tax invoices, official receipts for payment or bank statements.
(6) The applicant must consent to the authority obtaining from the department information about either of the following relevant to the applicant’s eligibility for assistance—(a) a document mentioned in subsection (2) , (3) , (4) , (5) or (5A) ;(b) slaughtering cattle.
(1) An application for assistance under the scheme must be—(a) made on the authority’s application form; and(b) accompanied by the documentation stated on the application; and(c) given to the authority.
(2) An application for assistance under the scheme must be received by the authority no later than 30 June 2015.
(3) The authority may request that an applicant provide further relevant information or documents required to decide the application.
(1) Subject to subsection (2) , the authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.
(2) The authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.