Document ID: chunk:federal_register_of_legislation:C2004A04649:body:0:p7
Version: federal_register_of_legislation:C2004A04649
Segment Type: other
Provision Reference: 
Character Range: 15891–18720

manufacturer imported into Australia a number of units of dairy produce of the same kind as, or of a similar kind to, the first-mentioned dairy produce;

the market support payments that would otherwise be payable to the manufacturer under section 94 are, despite any other provision of this

Division, reduced by an amount equal to the amount of the market support payment that would have been payable to the manufacturer if at the relevant time the manufacturer had exported from Australia in accordance with paragraph 94(1)(b) the same number of units of the first-mentioned dairy produce.

"(3) The Corporation is to determine whether the market support payments that would otherwise be payable to a manufacturer of dairy produce under section 94 are reduced under subsection (2) of this section and, if so, the amount of the reduction.

"(4) The Corporation must give written notice to the manufacturer of its determination.

  "(5) For the purposes of this section:

     (a) the question whether a particular kind of dairy produce is of a similar kind to dairy produce of another kind is to be determined by the Corporation; and

     (b) the question whether a body corporate is related to a manufacturer is to be determined in the same way as the question whether 2 bodies corporate are related to each other is determined for the purposes of the Corporations Law.

"(6) The Corporation must, from time to time, publish, in such manner as it thinks appropriate, notices:

     (a) listing the kinds of dairy produce in respect of which market support payments are payable; and

     (b) setting out, in relation to each kind of dairy produce so listed, any kind or kinds of dairy produce that it has determined to be of a similar kind to the first-mentioned kind of dairy produce.".

Reconsideration and review of decisions

  22. Section 118 of the Principal Act is amended:

    (a) by adding at the end of the definition of "relevant decision" in subsection (1) the following word and paragraph:

     "; or (c) a relevant offset decision;";

  (b) by inserting in subsection (1) the following definition:

     " 'relevant offset decision' means a determination of the Corporation under subsection 94A(3) or paragraph 94A(5)(a);";

    (c) by omitting from subsection (1) the definition of "reviewable decision" and substituting the following definition:

     " 'reviewable decision' means a decision of the Corporation under subsection (9).";

     (d) by omitting subsections (2), (3), (5), (6), (9) and (10) and substituting the following subsections:

     "(2) A person affected by a relevant licence decision, a relevant guarantee decision, a relevant payment decision or a relevant offset decision who is dissatisfied with the decision may, within 28 days after the day on which the decision first comes to