11Collusive sales

11.—(1.) Where the Minister is satisfied that the parties to a sale of wool have agreed on a price higher than the price that would otherwise have been agreed on for the purpose of causing a deficiency payment to become payable on the basis of the higher price, he may determine that this section applies in relation to the sale.

(2.) Where a determination of the Minister under this section is in force in relation to a sale, the Minister may direct that the whole or a part of a deficiency payment that has, apart from this section, become payable by reason of the sale be not payable, or be deemed not to have been payable.

(3.) The power of the Minister under sub-section (1.) of this section may be exercised before, or within one year after, a deficiency payment has been made by reason of the sale.

(4.) Where, by reason of a direction of the Minister under this section, an amount, being the whole or a part of a payment made as a deficiency payment, is to be deemed not to have been payable, that amount is a debt due and payable to the Commonwealth jointly and severally by the parties to the sale, and may be recovered by the Commonwealth accordingly by action in a court of competent jurisdiction.

(5.) A person aggrieved by a determination of the Minister under sub-section (1.) of this section may appeal against the determination to the Supreme Court of a State.

(6.) The Supreme Court of each State is invested with federal jurisdiction to hear and determine appeals under this section.

(7.) The Minister shall be the respondent in the appeal.

(8.) An appeal under this section shall be in the nature of a rehearing.

(9.) In an appeal under this section, if it is proved that the price agreed on for the sale of wool was substantially higher than the market value of the wool, it shall be presumed, in the absence of proof to the contrary, that the parties agreed on the price for the purpose referred to in sub-section (1.) of this section.

(10.) If the Court allows the appeal, it shall quash the determination.

(11.) The jurisdiction conferred by this section is exercisable by a single Judge of the Court.