27Determining face value of exceptional events supplementary payment rights and anomalous circumstances payment rights

27 Determining face value of exceptional events supplementary payment rights and anomalous circumstances payment rights

(1) The DAA must not grant an exceptional events supplementary payment right or anomalous circumstances payment right to an entity in respect of a dairy farm enterprise unless satisfied that the face value of the right proposed to be granted, together with the face value of all other exceptional events supplementary payment rights and anomalous circumstances payments granted or proposed to be granted by the DAA is less than or equal to the money available for payments for exceptional events supplementary payment rights and anomalous circumstances payment rights.

Note The total face value of these rights cannot exceed the amounts worked out under section 25 or 26, whichever is relevant.

(2) If it is not enough, the DAA must determine the face value of the exceptional events supplementary payment right or anomalous circumstances payment right having regard to:

(a) the amount of money available for payments for exceptional events supplementary payment rights and anomalous circumstances payment rights; and

(b) the number of claims and anticipated claims for such rights; and

(c) the operation of sections 25 and 26; and

(d) such other matters as the DAA considers relevant.

(3) In this section:

money available for payments for exceptional events supplementary payment rights and anomalous circumstances payments rights means the amount of money in the Dairy Structural Adjustment Fund, or expected to be credited to the Dairy Structural Adjustment Fund under clause 78 of Schedule 2 to the Act, that would have been required to cover the standard payment rights that would be granted under the scheme if:

(a) every standard payment right for which an entity is eligible were claimed under section 15; and

(b) the cap mentioned in section 28 did not apply to any entity; and

(c) no units were cancelled under section 38;

plus the total value of milk delivered by dairy farming enterprises that would have been taken into account in working out the face values of standard payment rights of entities that would have been eligible to be granted a standard payment right (see section 9) if they had held eligible interests in the dairy farming enterprise enterprises at 6.30 pm on 28 September 1999, less the amount actually required to cover the standard payment rights that:

(d) are granted under section 18; or

(e) are claimed under section 15 and will be granted under section 18 if the entity complies with the rules in subsection 17 (2) before the end of 12 months after the end of the DSAP claim period.