11Who is eligible for an anomalous circumstances payment right

11 Who is eligible for an anomalous circumstances payment right

(1) An entity is eligible for an anomalous circumstances payment right if:

(a) the entity did not pass the standard DSAP test; and

(b) the entity held an eligible interest in a dairy farm enterprise during the whole or a part of the base year; and

(c) the entity is taken under subsection (1A) to have been affected by anomalous circumstances.

(1A) An entity is taken to have been affected by anomalous circumstances if the entity held an eligible interest in a dairy farm enterprise at 6.30 pm on 28 September 1999 but that enterprise did not deliver milk during the base year.

(1B) For the purposes of this section, an entity passes the standard DSAP test if, and only if:

(a) the entity held an eligible interest in a dairy farm enterprise at 6.30 pm on 28 September 1999; and

(b) either or both of the following conditions are satisfied:

(i) during the base year, the dairy farm enterprise delivered market milk;

(ii) during the base year, the dairy farm enterprise delivered manufacturing milk.

(2) An entity may be eligible for an anomalous circumstances payment right even if it has already been granted 1 or more anomalous circumstances payment rights, but the combined face value of the payment rights granted to the entity must not exceed the amount worked out under section 26.

Note Even if an entity is eligible for an anomalous circumstances payment right, the DAA has a discretion whether or not to grant the payment right: see subsection 18 (3).