FARM HOUSEHOLD SUPPORT AMENDMENT BILL 2005

i Farm Household Support Amendment Bill 2005 No. , 2005

Contents

Short title.......................................................................................1

Commencement .............................................................................1

Schedule(s)....................................................................................2

Schedule 1--Amendments relating to farm help income

support and re-establishment grant

Part 1--Amendments

Farm Household Support Act 1992

Part 2--Application and saving provisions

Farm Household Support Amendment Bill 2005 No. , 2005 1

A Bill for an Act to amend the Farm Household

Support Act 1992, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Farm Household Support Amendment

Act 2005.

2 Commencement

(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.

2 Farm Household Support Amendment Bill 2005 No. , 2005

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

The day after this Act receives the Royal

Assent.

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.

3 Schedule(s)

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repealed as set out in the applicable items in the Schedule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.

Amendments relating to farm help income support and re-establishment grant Schedule

Amendments Part 1

Farm Household Support Amendment Bill 2005 No. , 2005 3

Schedule 1--Amendments relating to farm

help income support and

re-establishment grant

Part 1--Amendments

Farm Household Support Act 1992

1 Subsection 3(2) (definition of farmer)

Repeal the definition, substitute:

farmer means a person who has a right or interest in the land used

for the purposes of a farm enterprise.

2 Subparagraph 8A(1)(b)(i)

Repeal the subparagraph, substitute:

(i) the person:

(A) is a farmer; and

(B) contributes a significant part of his or her

labour and capital to the farm enterprise; and

from the farm enterprise; and

(D) is at least 18; and

(E) is an Australian resident; and

(F) is in Australia; and

3 Paragraph 8B(1)(c)

Repeal the paragraph, substitute:

years immediately before the period, the person:

(i) has been a farmer; and

(ii) has derived more than 50% of his or her gross income

from the farm enterprise; and

(iii) has contributed more than 50% of his or her capital to

the farm enterprise; and

(iv) has spent more than 50% of his or her working hours in

work on the farm enterprise; and

Schedule 1 Amendments relating to farm help income support and re-establishment

grant

Part 1 Amendments

4 Farm Household Support Amendment Bill 2005 No. , 2005

4 After subsection 8B(1)

Insert:

(1A) A person is qualified for farm help income support even though the

person does not satisfy subparagraph (1)(c)(ii), if the Secretary

determines in writing that the person's gross income from the farm

enterprise during the qualifying period is significantly diminished

because of:

(a) drought, flood, bushfire or some other natural disaster; or

(b) unforeseeable extreme variation in seasonal norms; or

(d) illness or disability.

5 Subsection 41(4)

After "14 days after", insert "the earlier of".

6 After section 52AA

Insert:

52AB Secretary may require re-establishment grant recipient to

notify if events or circumstances indicative of a return to

farming or a change of address occur

(1) The Secretary may give a person to whom a farm help

re-establishment grant has been paid a notice that requires the

person to inform the Department if a specified event or change of

circumstances occurs.

(2) An event or change of circumstances is not to be specified in a

notice under subsection (1) unless:

(a) the occurrence of the event or change in circumstances would

indicate that the person, or the person's partner, has acquired

a right or interest in a farm enterprise within 5 years after

receiving the grant; or

(b) the event or change in circumstances is a change of address

within 5 years after receiving the grant.

(3) A person must not refuse or fail to comply with a notice under

subsection (1) to inform the Department of an event or change in

circumstances that would indicate that the person, or the person's

Amendments relating to farm help income support and re-establishment grant Schedule

Amendments Part 1

Farm Household Support Amendment Bill 2005 No. , 2005 5

partner, has acquired a right or interest in a farm enterprise within

5 years after receiving the grant.

Penalty: 30 penalty units.

(4) A person must not refuse or fail to comply with a notice under

subsection (1) to inform the Department of a change of address

within 5 years after receiving the grant.

Penalty: 20 penalty units.

(5) A notice under subsection (1):

(a) must be in writing; and

(b) must be given personally or by post; and

Department; and

(d) must specify the period within which the person is to give the

information to the Department.

(6) The period must end at least 14 days after the earlier of:

(a) the day on which the event or change of circumstances

occurs; or

(b) the day on which the person becomes aware that the event or

change of circumstances is likely to occur.

52AC Secretary may require re-establishment grant recipient to

give a statement about whether returned to farming

(1) The Secretary may give a person to whom a farm help

re-establishment grant has been paid a notice that requires the

person to give the Department a statement about whether the

person, or the person's partner, has acquired a right or interest in a

farm enterprise within 5 years after receiving the grant.

(2) A person must not refuse or fail to comply with a notice under

subsection (1).

Penalty: 30 penalty units.

(3) A notice under subsection (1):

(a) must be in writing; and

(b) must be given personally or by post; and

Schedule 1 Amendments relating to farm help income support and re-establishment

grant

Part 1 Amendments

6 Farm Household Support Amendment Bill 2005 No. , 2005

Department; and

(d) must specify the period within which the person is to give the

statement to the Department.

(4) The period must end at least 14 days after the day on which the

notice is given.

(5) A statement given in response to the notice must be in writing and

in accordance with a form approved by the Secretary.

Amendments relating to farm help income support and re-establishment grant Schedule

Application and saving provisions Part 2

Farm Household Support Amendment Bill 2005 No. , 2005 7

Part 2--Application and saving provisions

7 Definition

In this Part:

Principal Act means the Farm Household Support Act 1992.

8 Farm help income support

(1)

The amendments made by items 1, 3 and 4 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)

Despite subitem (1), if:

(a) a person makes a claim for farm help income support on or

after the commencement of this item; and

(b) in making the claim, the person relies on advice on financial

outlook or an activity plan obtained with the assistance of a

farm help advice and training grant; and

but within the period of 3 months ending on the day on which

the claim for farm help income support is made;

the amendments made by items 1, 3 and 4 of this Schedule do not apply

for the purposes of determining whether the person is qualified for farm

help income support in respect of that claim.

9 Exceptional circumstances relief payment

The amendments made by items 1 and 2 of this Schedule apply in

relation to exceptional circumstances relief payment where the claim for

that payment is made on or after the commencement of this item.

10 Farm help re-establishment scheme

(1)

The amendment made by item 6 of this Schedule applies 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 the insertion of sections 52AB and 52AC of the Principal Act

made by item 6 of this Schedule, section 52A of the Principal Act and

instruments made under that section, as in force immediately before the

commencement of that item, continue in force on and after that

Commonwealth of Australia Bills

FARM HOUSEHOLD SUPPORT AMENDMENT BILL 2005