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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Farm
Household Support Amendment Bill 2004
No.
, 2004
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to amend the
Farm Household Support Act 1992, and for related
purposes
Contents
Farm Household Support Act
1992 3
Part 1—Main
amendments 4
Farm Household Support Act
1992 4
Part 2—Consequential
amendments 11
Farm Household Support Act
1992 11
Part 3—Application and saving
provisions 12
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
2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Schedule 1 |
1 July 2004. |
1 July 2004 |
|
3. Schedule 2 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
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repealed as set out in the applicable items in the Schedule concerned, and any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 Paragraph 6B(a)
Omit “30 June 2004”, substitute “30 June 2007,
or such later day as is prescribed”.
2 Paragraph 6B(b)
Omit “30 June 2005”, substitute “30 June 2008,
or such later day as is prescribed”.
Farm Household Support Act
1992
1 Subsection 3(2)
Insert:
activity plan has the meaning given by subsection
8B(3).
2 Subsection 3(2)
Insert:
advice on financial outlook has the meaning given by
subsection 8B(2).
3 Subsection 3(2)
Insert:
liquid assets, in relation to a person, has the same meaning
as in section 198N of the Social Security Act 1991.
Note: The expression is defined for the purposes of that
section in section 19B of that Act.
4 Subsection 3(2) (definition of sale of a
farm)
Repeal the definition.
5 Subsection 3(2)
Insert:
sale of a farm enterprise means a transaction as a result of
which the rights or interests of a person in:
(a) a farm enterprise; and
(b) the land used for the purposes of the farm enterprise;
are transferred to another person.
6 Subsection 3(2)
Insert:
severe financial hardship has the meaning given in
section 5.
7 After section 4
Insert:
For the purposes of this Act, a person is in severe financial
hardship at a particular time if the total value of the liquid assets of
the person and the person’s partner (if any) at that time is less than or
equal to the amount of newstart allowance that would have been payable to
the person during the period of 6 weeks immediately preceding that time if,
during the whole period:
(a) the person was entitled to newstart allowance; and
(b) the person had no other income.
8 Section 6
Repeal the section, substitute:
Object of exceptional circumstances relief payment
(1) The object of exceptional circumstances relief payment is to provide
financial assistance to farmers who:
(a) are experiencing difficulty in meeting living expenses; and
(b) are in exceptional circumstances.
Object of farm help income support
(2) The object of farm help income support is to provide short term
financial assistance to farmers who:
(a) are experiencing difficulty in meeting living expenses; and
(b) are unlikely to obtain a loan from a finance institution;
while they take action to improve their long term financial situation by
improving the financial performance of their farm enterprise, finding
alternative sources of income or re-establishing themselves outside
farming.
9 Section 8B
Repeal the section, substitute:
(1) Subject to this Division, a person is qualified for farm help income
support in respect of a period if:
(a) the period begins on or after the farm help scheme payment
commencement day; and
(b) throughout the period, the person:
(i) is a farmer; and
(ii) is at least 18; and
(iii) is an Australian resident; and
(iv) is in Australia; and
(c) the person has been a farmer for a continuous period of at least 2
years immediately before the period; and
(d) the person has obtained either of the following:
(i) advice from a prescribed adviser that there is no reasonable
likelihood, immediately before the period begins, that the person would obtain a
loan from a finance institution given the person’s financial
situation;
(ii) a certificate of inability to obtain finance that is in effect for
the period; and
(e) the person has obtained advice from a prescribed adviser on whether
there is a reasonable likelihood of improving the financial performance of the
farm enterprise; and
(f) the person has developed a plan for the period directed towards
assisting the person to do one or more of the following:
(i) improve the financial performance of the farm enterprise;
(ii) secure alternative sources of income;
(iii) re-establish himself or herself outside farming.
(2) Advice of the kind mentioned in subparagraph (1)(d)(i) and
paragraph (1)(e) is advice on financial outlook.
(3) A plan of the kind mentioned in paragraph (1)(f) is an
activity plan.
10 At the end of Division 1B of
Part 2
Add:
(1) A person is not qualified for farm help income support in respect of a
particular claim if:
(a) farm help income support has been paid to the person under an earlier
claim; and
(b) that support ceased to be payable because the person, or the
person’s partner, received exceptional circumstances relief
payment.
(2) A person is not qualified for farm help income support in respect of a
particular claim (the later claim) if:
(a) at the time the later claim is made, the person has a partner;
and
(b) farm help income support has been paid to the partner under an earlier
claim made by the partner; and
(c) that support ceased to be payable because the partner, or the person,
received exceptional circumstances relief payment.
11 Section 13B
Repeal the section.
12 Subsection 19(3)
Omit “The Secretary”, substitute “Subject to
subsection (4), the Secretary”.
13 At the end of
section 19
Add:
(4) If the Secretary is satisfied that a person who has made a claim for
farm help income support would suffer severe financial hardship if the person
were required to obtain advice on financial outlook or develop an activity plan
before accessing that support, the Secretary may grant the claim even if those
things have not been done.
(5) If the Secretary grants the claim in reliance on subsection (4),
the Secretary must arrange for the provision of assistance to the person under
the farm help advice and training scheme (see paragraphs 52B(3)(d) and (e)) so
that the person can obtain advice on financial outlook and develop an activity
plan.
Note: If the advice is not obtained and the plan is not
developed within 3 months of the claim being granted, farm help income support
will cease to be payable under section 51.
(6) If:
(a) a person makes a claim for a farm help advice and training grant;
and
(b) the claim contains information relevant to the question whether the
person would qualify for farm help income support, or whether farm help income
support would be payable; and
(c) within a period of 3 months beginning on the day on which the claim
for the farm help advice and training grant is made, the person makes a claim
for farm help income support;
the Secretary may rely on that information in determining the claim for
farm help income support.
14 At the end of Part 8
Add:
Farm help income support ceases, and is taken to have ceased, to be
payable to a person at the beginning of a period if the person, or the
person’s partner, is receiving, or has received, exceptional circumstances
relief payment in respect of that period.
If:
(a) the Secretary has granted a claim for farm help income support by a
person in reliance on subsection 19(4) (severe financial hardship);
and
(b) the person fails to obtain advice on financial outlook or develop an
activity plan within a period of 3 months beginning on the day on which the
claim is granted;
farm help income support ceases to be payable immediately after the end of
that 3 month period.
(1) Farm help income support ceases to be payable to a person if the
Secretary makes a determination in writing that he or she is satisfied that the
person has failed to comply with the person’s activity plan.
(2) Farm help income support ceases to be payable on the day on which the
determination is made.
15 Part 8A
Repeal the Part.
16 Paragraph 52A(1)(a)
Repeal the paragraph, substitute:
(a) formulate a scheme:
(i) to encourage farmers who are unable to meet their living expenses to
leave farming; and
(ii) to achieve this end by providing payments to those farmers, to be
made after 1 December 1997, by way of grant of financial assistance on the
sale of farm enterprises; and
17 After section 52A
Insert:
If:
(a) a person has received a farm help re-establishment grant;
and
(b) the person, or the person’s partner, acquires a right or
interest in a farm enterprise within 5 years after receiving the
grant;
the Commonwealth may recover an amount equal to the grant as a debt due to
the Commonwealth.
18 Paragraph 52B(1)(a)
Repeal the paragraph, substitute:
(a) formulate a scheme under which farmers and their families are provided
with assistance for the purpose of doing one or more of the following:
(i) obtaining advice to assist farmers to assess their long-term
prospects;
(ii) obtaining training;
(iii) obtaining software needed for the purpose of, or as a result of,
advice or training under the scheme;
(iv) developing an activity plan; and
19 Paragraphs 52B(3)(b) and (c)
Repeal the paragraphs, substitute:
(b) provide for assistance to people for the purpose of complying with
such directions; and
(c) provide a method for determining the consequence, for the payment of
farm help scheme payments, of a person not complying with such a direction;
and
(d) provide for assistance to people for the purpose of obtaining advice
on financial outlook; and
(e) provide for assistance to people for the purpose of developing an
activity plan.
Part 2—Consequential
amendments
Farm Household Support Act
1992
20 Subsection 8E(5)
Repeal the subsection.
21 Section 9A (note)
Repeal the note.
22 Section 9B (note)
Repeal the note, substitute:
Note: See section 50 for automatic termination of farm
help income support where exceptional circumstances relief payment is
payable.
Part 3—Application
and saving provisions
23 Definition
In this Schedule:
Principal Act means the Farm Household Support Act
1992.
24 Farm help income support
(1) The amendments made by items 1, 2, 3, 6, 7, 8, 9, 11, 12, 13, 20,
21 and 22 of this Schedule apply in relation to farm help income support where
the claim for that support is made on or after the commencement of this
item.
(2) The amendment made by item 14 of this Schedule, to the extent that
it relates to the insertion of sections 51 and 52 of the Principal Act,
applies in relation to farm help income support where the claim for that support
is made on or after the commencement of this item.
25 Exceptional circumstances relief
payment
The amendment made by item 8 of this Schedule applies in relation to
exceptional circumstances relief payment where the claim for that payment is
made on or after the commencement of this item.
26 Interaction between exceptional circumstances
relief payment and farm help income support
(1) The amendments made by items 10 and 15 of this Schedule apply
where the exceptional circumstances relief payment that resulted in farm help
income support not being payable to a person was received under a claim made on
or after the commencement of this item.
(2) The amendment made by item 14 of this Schedule, to the extent that
it relates to the insertion of section 50 of the Principal Act, applies
where the exceptional circumstances relief payment that resulted in farm help
income support not being payable to a person was received under a claim made on
or after the commencement of this item.
27 Activity plan directions under
section 13B
(1) Despite the repeal of section 13B of the Principal Act by
item 11 of this Schedule, that section, as in force immediately before the
commencement of that item, continues in force on and after commencement, in
relation to farm help income support where a claim for that support was made
before commencement, as if the repeal had not occurred.
(2) Despite the repeal of section 13B of the Principal Act by
item 11 of this Schedule, an activity plan direction that:
(a) was given, before the commencement of that item, under
section 13B of the Principal Act; and
(b) was in force immediately before that commencement;
continues in force after that commencement, as if the repeal had not
occurred.
(3) Despite the repeal of section 13B of the Principal Act by
item 11 of this Schedule, the consequences of failure to comply with an
activity plan direction that:
(a) was given, before the commencement of that item, under that section;
and
(b) was in force immediately before that commencement;
continue to be determined by the method provided under the farm help advice
and training scheme as in force immediately before that commencement.
28 Farm help re-establishment
scheme
(1) The amendments made by items 4, 5, 8, 16 and 17 of this Schedule
apply in relation to the farm help re-establishment scheme where a claim for a
grant under the scheme is made on or after the commencement of this
item.
(2) Despite:
(a) the amendments of subsection 3(2) of the Principal Act made by
items 4 and 5 of this Schedule; and
(b) the amendment of section 52A of the Principal Act made by
item 16 of this Schedule; and
(c) the insertion of section 52AA of the Principal Act made by
item 17 of this Schedule;
section 52A of the Principal Act and instruments made under that
section, as in force immediately before the commencement of those items,
continue in force on and after that commencement, in relation to a farm help
re-establishment grant where the claim for the grant was made before that
commencement, as if the amendments and insertion had not been made.
29 Farm help advice and training
scheme
(1) The amendments of section 52B of the Principal Act made by
items 18 and 19 of this Schedule apply in relation to the farm help advice
and training scheme where a claim for a grant under the scheme is made on or
after the commencement of this item.
(2) Despite the amendments of section 52B of the Principal Act made by
items 18 and 19 of this Schedule, that section and instruments made under
that section, as in force immediately before the commencement of those items,
continue in force on and after that commencement, in relation to farm help
advice and training grants where the claim for the grant was made before that
commencement, as if the amendments had not been made.