Document ID: chunk:federal_register_of_legislation:F2021L00304:reg:8:p5
Version: federal_register_of_legislation:F2021L00304
Segment Type: reg
Provision Reference: reg 8 (pt 5/10)
Character Range: 238654–241584

of subsection 420(5) of the Act, the amount of compensation payable under subsection 419(1) of the Act in respect of milk or milk products that are destroyed under the Act is the amount that the Secretary determines was the market value of the milk or milk products immediately before they were destroyed.

Part 5—Relevant Commonwealth liabilities

11‑15  Circumstances in which relevant Commonwealth liability of a person is taken to have been paid

Purpose of this section
 (1) For the purposes of section 431 of the Act, this section prescribes circumstances in which a relevant Commonwealth liability of a person is taken to have been paid for the purposes of any of the following provisions of the Act (a relevant provision):
 (a) paragraph 112(2)(b) (registration of establishment);
 (b) paragraph 117(2)(b) (renewal of registration of establishment);
 (c) paragraph 151(2)(b) (approval of proposed arrangement);
 (d) paragraph 156(2)(b) (renewal of approved arrangement);
 (e) paragraph 161(3)(a) (variation of approved arrangement).
Note: For relevant Commonwealth liability, see section 12 of the Act.

Payment undertaking may be given
 (2) A relevant Commonwealth liability of a person is taken to have been paid for the purposes of a relevant provision if:
 (a) the person, or another person, has given a written undertaking (a payment undertaking) to the Secretary to pay the amount of the relevant Commonwealth liability; and
 (b) the payment undertaking includes a term that the relevant Commonwealth liability is to be reduced by each amount paid in accordance with the undertaking; and
 (c) the Secretary has accepted the payment undertaking, having considered the following matters:
 (i) the financial position of the person who gave the payment undertaking;
 (ii) the nature and likely cost of the export operations to which a decision under the relevant provision relates;
 (iii) whether the person who gave the payment undertaking will be able to comply with the undertaking and, if applicable, meet the cost of the export operations referred to in subparagraph (ii);
 (iv) any other relevant considerations.
 (3) A payment undertaking may be given by a person in relation to:
 (a) a relevant Commonwealth liability of the person; or
 (b) a relevant Commonwealth liability of another person.

Payment undertaking may relate to 2 or more relevant Commonwealth liabilities
 (4) A single payment undertaking may relate to 2 or more relevant Commonwealth liabilities.
 (5) If:
 (a) a payment undertaking relates to 2 or more relevant Commonwealth liabilities; or
 (b) a person has given 2 or more payment undertakings in relation to different relevant Commonwealth liabilities of the person or of another person;
the Secretary may determine the order in which payments are to be applied to reduce the outstanding relevant Commonwealth liabilities.

Variation of payment undertaking
 (6) A payment undertaking may