NSWIn ForceAct
Rice Marketing Act 1983
64Payments
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#### 64 Payments
64 Payments
> > (1) A board shall, subject to this Act, make payments to producers of the commodity for the commodity delivered to, and accepted by, the board in accordance with this Act, at such rates and in such instalments (if any) as the board may determine.
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> > (2) Any payment to producers for any of the commodity (not being any of the commodity that has not vested in the board) shall, in respect of any of the commodity of the same quality or grade delivered to the board during such periods as may be prescribed (or, if not prescribed, as may be determined by the board), be made, as nearly as possible, at a uniform rate, based on the proceeds of the sale of the commodity so delivered and such other matters as the board may determine (but excluding any credits or debits arising in respect of the board’s activities under sections 46, 49, 52 and 53 and such other of the board’s activities as may be prescribed).
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> > (3) Notwithstanding subsection (2)—
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> > > (a) the board may, if it is satisfied that the circumstances warrant its doing so, make different payments for any of the commodity produced in different districts,
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> > > (b) the board may, with the approval of the Minister or in accordance with the regulations, make different payments for any of the commodity according to other factors, and
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> > > (c) the board may adjust any amount payable to a particular producer, having regard to other amounts owing to or by the producer and other factors that are, in the opinion of the board, relevant.
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> > (4) In determining rates of payment under this section, the board may take into account, and make suitable deductions for—
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> > > (a) expenditure incurred in marketing, returning, destroying or otherwise disposing of the commodity,
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> > > (b) the costs, charges and expenses incurred by the board in the administration by the board of this Act,
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> > > (c) any reserves created by the board, and
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> > > (d) any other matters that are, in the opinion of the board, relevant or that are prescribed.
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> > (5) Notwithstanding anything in this section, but subject to the regulations, a board may, out of the proceeds of the sale of the commodity delivered to the board during any period referred to in subsection (2), deduct amounts for the purpose of liquidating any liability incurred for any previous period or for any other purpose that is prescribed or approved by the Minister.
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> > (6) The board’s decision as to the quality and grade of the commodity, the method of determining any adjustments to be made and the amounts thereof shall be final and conclusive.
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> > (7) Nothing in this section requires the board to make any payments for any of the commodity that does not conform to the applicable standards of quality or grade.
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> > (8) Where, at the end of a period referred to in subsection (2), there remains unsold any portion of the commodity delivered to the board during that period, the board may—
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> > > (a) determine an amount as being the market value of that portion as at the end of that period,
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> > > (b) make such adjustments in the accounts of the board as will result in a credit being made in respect of that period of an amount equal to that market value and a corresponding debit being made in respect of the subsequent such period, and
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> > > (c) thereafter treat that portion as having been delivered to the board in that subsequent period.
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> > (9) The board shall not do any of the things mentioned in subsection (8) otherwise than in accordance with such guidelines (if any) as are from time to time determined by the Minister.