23Making of DSAP payments

#### 23 Making of DSAP payments (1) This clause sets out policy objectives for the DSAP scheme. Payment rights not to be granted within 30 days after the end of the DSAP claim period (2) The first objective is that a payment right must not be granted before the end of the 30‑day period beginning at the end of the DSAP claim period. Initial payment day (3) The second objective is that there is to be an initial payment day for each payment right, worked out as follows: (a) if, during the 28‑day period beginning at the end of the 30‑day period mentioned in subclause (2), the DAA does not receive a request to reconsider its decision to grant the payment right: (i) the initial payment day is the first day after the end of that 28‑day period; or (ii) if that first day is earlier than the DSAP payment start day, the initial payment day is the DSAP payment start day; (b) if, during the 28‑day period beginning at the end of the 30‑day period mentioned in subclause (2), the DAA receives a request to reconsider its decision to grant the payment right: (i) the initial payment day is the day ascertained in accordance with the scheme; or (ii) if that day is earlier than the DSAP payment start day, the initial payment day is the DSAP payment start day. DSAP payments in respect of early quarters (4) The third objective is that, if an entity is the registered owner of a unit in a payment right on the initial payment day for the payment right, the entity is entitled to be paid, out of the Dairy Structural Adjustment Fund, in relation to that unit, the sum of: (a) $1 in respect of the quarter in which the initial payment day occurred; and (b) if there is an earlier quarter in the period: (i) beginning on 1 July 2000; and (ii) ending on 30 June 2008; $1 in respect of that earlier quarter. DSAP payments in respect of later quarters (5) The fourth objective is that, if: (a) an entity is the registered owner of a unit in a payment right on the first day of a quarter in the period: (i) beginning on the DSAP payment start day; and (ii) ending on 30 June 2008; and (b) that quarter is later than the quarter in which the initial payment day for the right occurred; the entity is entitled to be paid, out of the Dairy Structural Adjustment Fund, in relation to that unit, $1 in respect of that quarter. When a DSAP payment becomes due to be paid (6) The fifth objective is that, if an entity is entitled to be paid a DSAP payment, the day on which that payment is due to be paid: (a) is to be ascertained in accordance with the scheme; and (b) must not be later than the end of the 10th business day after: (i) if subclause (4) applies—the initial payment day concerned; or (ii) if subclause (5) applies—the first day of the quarter concerned. DSAP payments are debts (7) The sixth objective is that, if a DSAP payment is due to be paid to an entity, the payment may be recovered, as a debt due to the entity, by action in a court of competent jurisdiction. Death of recipient of DSAP payment (8) The seventh objective is that, if an individual is entitled to receive a DSAP payment and the payment has not been made at the date of the death of the individual, the amount of that payment is payable to the legal personal representative of the individual.