Document ID: chunk:federal_register_of_legislation:C2004A00398:clause:2_108ea
Version: federal_register_of_legislation:C2004A00398
Segment Type: clause
Provision Reference: sch 2 cl 108EA
Character Range: 5761–7989

108EA  Levy rebates: Victorian gas supply failure

 (1) A manufacturer is entitled to be paid by the Corporation a manufacturing milk levy rebate in respect of a month if:
 (a) the manufacturer paid manufacturing milk levy on manufacturing milk delivered to the manufacturer during that month; and
 (b) the manufacturer destroyed some or all of the milk at the manufacturer's factory during the period that started on 26 September 1998 and ended at the end of 5 October 1998 as a result of the gas supply failure in Victoria.

 (2) The amount of the rebate payable to a manufacturer under this section is an amount equal to the difference between:
 (a) the amount of manufacturing milk levy paid by the manufacturer in respect of the relevant month; and
 (b) the amount of manufacturing milk levy that would have been imposed on the manufacturer in respect of that month if the quantity of milk destroyed had not been delivered to the manufacturer during that month.

 (3) A manufacturing milk levy rebate is not payable under this section unless a written application in accordance with a form approved by the Corporation is submitted to the Corporation within 28 days after the commencement of this section.

 (4) The Corporation may include in the approved application form a requirement that the whole or a part of the information contained in an application be verified by statutory declaration.

 (5) As soon as practicable after it receives an application under this section, the Corporation must:
 (a) if it decides that the applicant is entitled to a rebate—notify the applicant in writing of its decision and of the amount of the rebate to which the applicant is entitled; or
 (b) if it decides that the applicant is not entitled to a rebate—notify the applicant in writing of its decision.

 (6) A notice under paragraph (5)(a) must set out the basis on which the Corporation has determined the amount of the rebate to which the applicant is entitled.

 (7) A notice under paragraph (5)(b) must set out the reasons for the Corporation's decision.

 (8) If the Corporation gives an applicant a notice under paragraph (5)(a), it must, at the same time, pay the applicant the amount of rebate specified in the notice.