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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Farm Household
Support Amendment Bill 2000
No. ,
2000
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to amend the
Farm Household Support Act 1992, and for related purposes
ISBN: 0642 452725
Contents
Farm Household Support Act
1992 3
Bankruptcy Act
1966 12
Health Insurance Act
1973 12
Income Tax Assessment Act
1936 12
Income Tax Assessment Act
1997 12
Social Security Act
1991 14
Part 1—Transitional provisions relating to
Schedule 1 15
Part 2—Transitional provisions relating to
Schedule 2 17
Part 3—Definitions 18
A Bill for an Act to amend the Farm Household Support
Act 1992, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Farm Household Support Amendment Act
2000.
(1) This section and section 1 commence on the day on which this Act
receives the Royal Assent.
(2) Subject to subsection (3), the remaining provisions of this Act
commence on a day or days to be fixed by Proclamation.
(3) If a provision of this Act does not commence under subsection (2)
within the period of 6 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
Subject to section 2, each Act that is specified in a
Schedule to this Act is amended or repealed as set out in the applicable items
in the Schedule concerned, and any other item in a Schedule to this Act has
effect according to its terms.
Farm Household Support Act
1992
1 Subsection 3(2) (definition of exempt
livestock proceeds)
Omit “restart”, substitute “farm help”.
2 Subsection 3(2)
Insert:
farm help advice scheme means the scheme referred to in
section 52B.
3 Subsection 3(2)
Insert:
farm help re-establishment grant scheme means the scheme
referred to in section 52A.
4 Subsection 3(2)
Insert:
farm help scheme payment commencement day is the day on which
item 2 of Schedule 1 to the Farm Household Support Amendment Act
2000 commenced.
5 Subsection 3(2)
Insert:
farm help scheme payments means payments of the following
kinds:
(a) payments of farm help income support;
(b) payments of re-establishment grants;
(c) payments of assistance under the farm help advice scheme.
6 Subsection 3(2) (definition of
re-establishment grant)
Omit “restart”, substitute “farm help”.
7 Subsection 3(2) (definition of restart
advice scheme)
Repeal the definition.
8 Subsection 3(2) (definition of restart
re-establishment grant scheme)
Repeal the definition.
9 Subsection 3(2) (definition of restart
scheme payment commencement day)
Repeal the definition.
10 Subsection 3(2) (definition of restart
scheme payments)
Repeal the definition.
11 Paragraph 4(2)(a)
Omit “restart”, substitute “farm help”.
12 Subsection 4(4) (paragraph (b) of the
definition of relevant Secretary)
Omit “ restart”, substitute “farm help”.
13 Section 4A
Repeal the section.
14 Part 1A (heading)
Repeal the heading, substitute:
15 Section 6B
Omit “Restart”, substitute “Farm help”.
Note: The heading to section 6B is altered by omitting
“restart” and substituting “farm
help”.
16 Paragraph 6B(a)
Omit all the words from and including “more”, substitute
“after 30 November 2003; or”.
17 Paragraph 6B(b)
Omit all the words from and including “more”, substitute
“after 30 November 2004.”.
18 Part 2 (heading)
Repeal the heading, substitute:
19 Division 1B of
Part 2
Repeal the heading, substitute:
20 Section 8B
Omit “restart” (wherever occurring), substitute “farm
help”.
Note: The heading to section 8B is altered by omitting
“restart” and substituting “farm
help”.
21 Section 8B (note)
Omit “restart”, substitute “farm help”.
22 Section 8C
Omit “restart” (wherever occurring), substitute “farm
help”.
23 Section 8D
Omit “restart” (wherever occurring), substitute “farm
help”.
Note: The heading to section 8D is altered by omitting
“restart” and substituting “farm
help”.
24 Section 8E
Omit “restart” (wherever occurring), substitute “farm
help”.
Note: The heading to section 8E is altered by omitting
“restart” and substituting “farm
help”.
25 Division 2 of Part 2
(heading)
Repeal the heading, substitute:
26 Subsection 9(3)
Omit “Restart”, substitute “Farm help”.
27 Subsection 9(3)
Omit “restart” (wherever occurring), substitute “farm
help”.
28 Section 9B
Omit “Restart”, substitute “Farm help”.
Note: The heading to section 9B is altered by omitting
“Restart” and substituting “Farm
help”.
29 Section 9B (note)
Omit “restart”, substitute “farm help”.
30 Sections 10, 11, 12, 13 and
13A
Omit “restart” (wherever occurring), substitute “farm
help”.
31 After section 13A
Insert:
(1) The Secretary may direct a person to whom farm help income support is
payable to develop, and act in accordance with, an individual activity plan as
specified in the direction. A direction under this subsection is known as an
activity plan direction.
(2) The Secretary may only give an activity plan direction to a person if
the person’s farm has been assessed as not viable under advice given as a
result of a direction under:
(a) subsection 13A(1); or
(b) the farm help re-establishment grant scheme.
(3) An individual activity plan specified in an activity plan direction
must be directed towards assisting the person to whom the direction is
given:
(a) to return his or her farm to a viable position; or
(b) to secure alternative employment.
(4) The Secretary must arrange for the provision of assistance to the
person under the farm help advice scheme (see paragraph 52B(3)(b)) for the
purpose of complying with an activity plan direction.
(5) If the person does not comply with an activity plan direction, the
consequences for the continued payability of farm help income support to the
person are as determined in accordance with the provisions of the farm help
advice scheme referred to in paragraph 52B(3)(c).
32 Part 3 (heading)
Repeal the heading, substitute:
33 Sections 14, 15, 19 and
20
Omit “restart” (wherever occurring), substitute “farm
help”.
34 Part 4 (heading)
Repeal the heading, substitute:
35 Division 3 of Part 4
(heading)
Repeal the heading, substitute:
36 Subsection 24B(1)
Omit “restart”, substitute “farm help”.
Note: The heading to section 24B is altered by omitting
“restart” and substituting “farm
help”.
37 Part 5 (heading)
Repeal the heading, substitute:
38 Subsection 25(3)
Omit “Restart”, substitute “Farm help”.
39 Subsection 25(3)
Omit “restart”, substitute “farm help”.
40 Section 26B
Omit “Restart”, substitute “Farm help”.
Note: The heading to section 26B is altered by omitting
“Restart” and substituting “Farm
help”.
41 Sections 28 and 29B
Omit “restart” (wherever occurring), substitute “farm
help”.
42 Section 29B
(formula)
Repeal the formula, substitute:
Note: The heading to section 29B is altered by omitting
“restart” and substituting “farm
help”.
43 Section 29B (note
2)
Omit “restart”, substitute “farm help”.
44 Sections 31, 33, 41 and
42
Omit “restart” (wherever occurring), substitute “farm
help”.
Note: The heading to section 42 is altered by omitting
“restart” and substituting “farm
help”.
45 Part 8 (heading)
Repeal the heading, substitute:
46 Sections 43, 44, 45, 46, 47, 48 and
49
Omit “restart” (wherever occurring), substitute “farm
help”.
47 Subsection 48(3)
Omit “Restart”, substitute “Farm help”.
48 Part 8A (heading)
Repeal the heading, substitute:
49 Sections 49A and
49D
Omit “restart” (wherever occurring), substitute “farm
help”.
Note: The heading to sections 49A and 49D are altered
by omitting “restart” and substituting “farm
help”.
50 Part 9A (heading)
Repeal the heading, substitute:
51 Paragraph 52A(1)(a)
Omit “, after the restart scheme payment commencement day,”,
substitute “, after 1 December 1997,”.
52 Subsection 52A(1)
Omit “The scheme is to be known as the restart re-establishment
grant scheme ”, substitute “On and after the farm help
scheme payment commencement day, the scheme is to be known as the farm
help re-establishment grant scheme”.
Note: The heading to section 52A is altered by omitting
“Restart” and substituting “Farm
help”.
53 After subsection 52A(3)
Insert:
(3A) The scheme may provide for the Secretary to direct a person who has
applied for a re-establishment grant to develop, and act in accordance with, an
individual activity plan. A direction under this subsection is known as an
activity plan direction.
(3B) The scheme may only provide for the Secretary to give an activity
plan direction to a person if the person’s farm has been assessed as not
viable under advice given as a result of a direction under:
(a) subsection 13A(1); or
(b) subsection (3) of this section.
(3C) An individual activity plan specified in an activity plan direction
must be directed towards assisting the person to whom the direction is
given:
(a) to return his or her farm to a viable position; or
(b) to secure alternative employment.
54 Subsections 52A(4) and
(5)
After “(3)”, insert “or (3A)”.
55 Part 9B (heading)
Repeal the heading, substitute:
56 Subsection 52B(1)
Omit “The scheme is to be known as the restart advice
scheme.”, substitute “On and after the farm help scheme
payment commencement day, the scheme is to be known as the farm help
advice scheme.”.
Note: The heading to section 52B is altered by omitting
“Restart” and substituting “Farm
help”.
57 Paragraph 52B(3)(b)
After “such directions”, insert “, or for the purpose of
complying with an activity plan direction under subsection 13B(1) or
52A(3A)”.
58 Paragraph 52B(3)(c)
After “such a direction”, insert “, or of not complying
with an activity plan direction under subsection 13B(1) or
52A(3A)”.
59 Sections 54, 55, 55A,
56
Omit “restart” (wherever occurring), substitute “farm
help”.
Note: The heading to section 55 is altered by omitting
“restart” and substituting “farm
help”.
60 Section 56 (note)
Omit “restart”, substitute “farm help”.
61 Subsection 57(4)
Omit “Restart”, substitute “Farm
help”.
1 Paragraph 116(2)(mca)
Omit “restart”, substitute “farm help”.
2 Subsections 5DA(1) and
(2)
Omit “restart”, substitute “farm help”.
Note: The heading to section 5DA is altered by omitting
“restart” and substituting “farm
help”.
3 Subsection 5DA(4)
Insert:
farm help income support means farm help income support under
the Farm Household Support Act 1992.
4 Subsection 5DA(4) (definition of restart
income support)
Repeal the definition.
Income Tax Assessment Act
1936
5 Subsection 79A(4) (paragraph (b) of the
definition of prescribed allowance)
Omit “restart” (wherever occurring), substitute “farm
help”.
6 Subsection 160AAA(1) (paragraph (da) of
the definition of rebatable benefit)
Omit “restart”, substitute “farm help”.
Income Tax Assessment Act
1997
7 Section 11-15 (table item headed
“social security or like payments”)
Insert in its appropriate alphabetical position, determined on a
letter-by-letter basis:
|
farm help income support....................................... |
53-10 and 53-15 |
|---|
8 Section 11-15 (table item headed
“social security or like payments”)
Omit:
|
restart income support....................................... |
53-10 and 53-15 |
|---|
9 Section 13-1 (table)
Insert in its appropriate alphabetical position, determined on a
letter-by-letter basis:
|
farm help income support |
|
|---|---|
|
see social security and other benefit payments |
|
10 Section 13-1 (table item headed
“primary production”)
Insert in its appropriate alphabetical position, determined on a
letter-by-letter basis:
|
farm help income support payments see social security and other benefit
payments |
|
|---|
11 Section 13-1 (table item headed
“primary production”)
Omit:
|
restart income support payments see social security and other benefit
payments |
|
|---|
12 Section 13-1 (table item headed
“restart income support”)
Repeal the item.
13 Section 13-1 (table item headed
“social security and other benefit payments”)
Insert in its appropriate alphabetical position, determined on a
letter-by-letter basis:
|
farm help income support under the Farm Household Support Act
1992............................ |
160AAA(3) |
|---|
14 Section 13-1 (table item headed
“social security and other benefit payments”)
Omit:
|
restart income support under the Farm Household Support Act
1992............................ |
160AAA(3) |
|---|
15 Section 53-10 (table items 3 and 4,
column headed “This type of payment”)
Omit “restart” (wherever occurring), substitute
“farm help”.
16 Section 53-15
(heading)
Repeal the heading, substitute:
17 Subsection 53-15(1)
Omit “restart” (wherever occurring), substitute “farm
help”.
18 Section 53-25
Omit “52 or”.
19 Section 995-1 (definition of
supplementary amount, table item 2)
Omit “restart”, substitute “farm help”.
20 Sections 1227A and
1231A
Omit “restart” (wherever occurring), substitute “farm
help”.
Note: The heading to sections 1227A and 1231A are
altered by omitting “restart” and substituting “farm
help”.
Part 1—Transitional
provisions relating to Schedule 1
1 Restart beneficiaries automatically entitled
to farm help
(1) A person who was receiving restart income support immediately before
the farm help scheme payment commencement day is, on and after that day,
entitled to receive farm help income support without making a claim under
Part 3 of the amended FHS Act.
(2) Farm help income support is then payable to the person subject to the
provisions of the amended FHS Act.
2 Payments of restart income support taken to be
farm help income support
A payment of restart income support made before the farm help scheme
payment commencement day to a person is taken to be a payment of farm help
income support to the person for the following purposes:
(a) sections 8D and 8E of the amended FHS Act;
(b) the farm help re-establishment grant scheme;
(c) the farm help advice scheme;
(d) the DEP scheme.
3 Effect of directions etc.
If, before the farm help scheme payment commencement day, the Secretary
gave a direction to a person under section 13A of the Farm Household
Support Act 1992, or under the restart re-establishment grant scheme,
section 13A and section 52A of the amended FHS Act and the farm help
advice scheme apply, after that day, as if the direction had been given to the
person under section 13A of the amended FHS Act, or under the farm help
re-establishment grant scheme, as the case requires.
4 Claims made but not determined before farm
help scheme payment commencement day
A claim for restart income support, or an application or request for a
restart re-establishment grant made, but not determined, before the farm help
scheme payment commencement day is to be treated, after the farm help scheme
payment commencement day, as if it were a claim for farm help income support, or
an application or request for a farm help re-establishment grant, as the case
requires.
5 References to decisions in
section 20
Section 20 of the amended FHS Act has effect as if a reference in that
section to a decision rejecting a person’s claim for farm help income
support included a reference to a decision made before the farm help scheme
payment commencement day rejecting a person’s claim for restart income
support.
6 Part 10
Part 10 of the amended FHS Act has effect after the farm help scheme
payment commencement day as if references in that Part to farm help income
support included references to restart income support.
Part 2—Transitional
provisions relating to Schedule 2
7 Transitional provisions
(1) Paragraph 116(2)(mca) of the Bankruptcy Act 1966 has effect
after the farm help scheme payment commencement day as if the reference in that
paragraph to a farm help re-establishment grant included a reference to a
restart re-establishment grant.
(2) Section 5DA of the Health Insurance Act 1973 has effect
after the farm help scheme payment commencement day as if references in that
section to farm help income support included references to restart income
support.
(3) The Income Tax Assessment Act 1936 and the Income Tax
Assessment Act 1997 continue to have effect, after the farm help scheme
payment commencement day, in relation to payments of restart income support made
in respect of periods before that day, as if the repeals and amendments made by
Schedule 2 had not happened.
(4) Sections 1227A and 1231A of the Social Security Act 1991
continue to have effect, after the farm help scheme payment commencement day, as
if references in those sections to farm help income support included references
to restart income support.
8 Definitions
In this Schedule:
amended FHS Act means the Farm Household Support Act
1992 as amended and in force from time to time after the commencement of
item 2 of Schedule 1 to the Farm Household Support Amendment Act
2000.
restart income support has the meaning given by the Farm
Household Support Act 1992 as in force immediately before the farm help
scheme payment commencement day.
restart re-establishment grant has the meaning given by the
Farm Household Support Act 1992 as in force immediately before the farm
help scheme payment commencement day.