Document ID: chunk:federal_register_of_legislation:C2014C00672:clause:3_8:p2
Version: federal_register_of_legislation:C2014C00672
Segment Type: clause
Provision Reference: sch 3 cl 8 (pt 2/3)
Character Range: 30027–32607

made, and will not make, a choice under subsection (2) for the program.

59‑67  Meaning of SRWUIP program, SRWUIP payment, direct SRWUIP payment and indirect SRWUIP payment
 (1) A SRWUIP program is a program under the program administered by the Commonwealth known as the Sustainable Rural Water Use and Infrastructure program.
 (2) A SRWUIP payment, in respect of a *SRWUIP program, is:
 (a) a *direct SRWUIP payment in respect of the program; or
 (b) an *indirect SRWUIP payment in respect of the program.
 (3) A direct SRWUIP payment is a payment by the Commonwealth to a participant in a *SRWUIP program to the extent that it is made under that program.
 (4) An indirect SRWUIP payment is a payment to a participant in a *SRWUIP program to the extent that it is reasonably attributable to a payment by the Commonwealth under that program.
 (5) For the purposes of subsections (3) and (4), treat a payment as being made under a *SRWUIP program only if that SRWUIP program is on the published list of SRWUIP programs (see section 59‑70) for the day the payment is made.
 (6) However, treat a payment as if it had never been made under a *SRWUIP program to the extent that the Commonwealth seeks to recover the payment.
Example: The Commonwealth seeks to recover half of a payment made under a SRWUIP program. The remaining half is still a payment made under the SRWUIP program.

59‑70  List of SRWUIP programs
 (1) The *Water Secretary must keep a list of *SRWUIP programs. The list must:
 (a) specify the days for which each program is on the list; and
 (b) be published on the *Water Department's website.
Example: A program could be listed for each day on or after 1 July 2011.

Entering SRWUIP programs on the list
 (2) The *Water Secretary must enter on the list each *SRWUIP program (and its days) in accordance with a direction under subsection (3).
 (3) The Minister and the *Water Minister may jointly direct the *Water Secretary to enter a program (and its days) on the list only if the Water Minister has notified the Minister in writing that the Water Minister is satisfied that the program:
 (a) is a *SRWUIP program; and
 (b) will generate efficiencies in water use through infrastructure improvements.
 (4) A direction under subsection (3) must be in writing and specify the days for which the *SRWUIP program is to be on the list. Some or all of those days may be before the day the direction is given.

Changing the days for which a SRWUIP program is listed
 (5) The Minister and the *Water Minister may jointly direct the *Water Secretary to change the list to