(1) For each domestic
marketing pool established under section 26(2) the Corporation shall
allocate domestic market entitlements specifying the quantity of ware potatoes
that the Corporation is required to accept if delivered in accordance with
section 23(1) by or on behalf of a registered business during the
relevant pool period.
shall allocate a domestic market entitlement to each business for the time
being registered under section 22B; and
invite applications from growers, or from persons other than growers, for the
allocation of such an entitlement, but any such allocation shall not have
effect unless or until the business to which the entitlement is, or is to be,
allocated is registered under section 22B.
(3) The regulation of
the domestic market entitlement allocation required, under
section 19(1)(k), to be conducted by the Corporation shall
based on principles approved by the Minister on the written recommendation of
the Corporation; or
set out in guidelines for the Corporation given by the Minister by way of
direction under section 20A(1),
and if a person is
aggrieved by a decision of the Corporation in the exercise of that power that
person may apply under section 19A for a review of the decision.
(4) In making
recommendations to the Minister, and in allocating domestic market
entitlements, the Corporation may have regard to —
likelihood or otherwise of continuity and certainty of delivery; and
anticipated market demand; and
other anticipated requirement of consumers; and
other factors regarded as relevant by the Corporation.
(5) A domestic market
entitlement allocated to a business registered under section 22B may, if
approval is sought from and given by the Corporation in the prescribed manner,
be transferred by the respective holders of the certificates of registration
concerned from that business to another business so registered.
(6) The Corporation
shall not refuse an application for approval to the transfer of a domestic
market entitlement unless, had the application been made in respect of the
transfer of an area licence, the provisions of section 22B(5) or (6)
would have applied.
[Section 28 inserted by No. 11 of 1995
s. 40; amended by No. 55 of 2004 s. 717.]