30Abnormal market milk pool distributions

30 Abnormal market milk pool distributions

(1) This section applies if, in the base year, 1 or more dairy farm enterprises in a pooling jurisdiction did not receive payment at the market milk rate for the same proportion of their milk deliveries as other dairy farm enterprises in the jurisdiction.

(2) However, this section does not apply to:

(a) a dairy farm in South Australia that was not bound by the voluntary price equalisation scheme known as the South Australian Market Milk Equalisation Agreement approved under section 26 of the Dairy Industry Act 1992 of South Australia; or

(b) a dairy farm enterprise in Victoria that does not deliver milk to an authorised agent within the meaning of section 49 of the Dairy Industry Act 1992 of Victoria.

(3) If this section applies, the DAA must determine, for each dairy farm enterprise in relation to which 1 or more claims for payment rights have been received:

(a) the amount of market milk that the enterprise would have delivered if it had received payment at the market milk rate for the same proportion of its eligible milk deliveries during the base year as other dairy farm enterprises in the jurisdiction; and

(b) the amount of manufacturing milk that the enterprise would have delivered if it had received payment at the market milk rate for the same proportion of its eligible milk deliveries during the base year as other dairy farm enterprises in the jurisdiction.

(3A) For subsection (3), do not count the amount of milk deliveries of market milk that were not covered by State pooling arrangements embodied in, or that operated under:

(a) the voluntary price equalisation scheme known as the South Australian Market Milk Equalisation Agreement approved under section 26 of the Dairy Industry Act 1992 of South Australia; or

(b) the Dairy Industry Act 1992 of Victoria; or

(c) the Dairy Industry Act 1994 of Tasmania.

Note Deliveries of market milk not covered by these State pooling arrangements are dealt with under other provisions of this scheme.

(4) The sum of the amount of market milk and manufacturing milk that the DAA determines an enterprise would have delivered during the base year, together with milk not counted because of subsection (3A), must be equal to the amount of milk that the enterprise actually delivered during the year.

(5) For the scheme, each enterprise is taken to have delivered, during the base year, the amount of market milk, and the amount of manufacturing milk, determined under subsection (3).

(6) In this section:

eligible milk deliveries means deliveries of milk that satisfies the requirements for market milk under the law of the State or Territory in which the milk is delivered.