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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Farm Household Support Amendment
Bill 2017
No. , 2017
(Agriculture and Water Resources)
A Bill for an Act to amend the Farm Household
Support Act 2014, and for related purposes
No. , 2017
Farm Household Support Amendment Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Removal of waiting periods
3
Farm Household Support Act 2014
3
Schedule 2--Farm assets
5
Farm Household Support Act 2014
5
No. , 2017
Farm Household Support Amendment Bill 2017
1
A Bill for an Act to amend the Farm Household
1
Support Act 2014, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Farm Household Support Amendment Act 2017.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Farm Household Support Amendment Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
The later of:
(a) the day after this Act receives the Royal
Assent; and
(b) 1 April 2017.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Removal of waiting periods Schedule 1
No. , 2017
Farm Household Support Amendment Bill 2017
3
Schedule 1--Removal of waiting periods
1
2
Farm Household Support Act 2014
3
1 Subsection 5(1)
4
Repeal the following definitions:
5
(a) definition of liquid assets test waiting period;
6
(b) definition of ordinary waiting period;
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(c) definition of waiting period.
8
2 Subdivision C of Division 6 of Part 2 (heading)
9
Repeal the heading, substitute:
10
Subdivision C--Situations where allowance not payable
11
(waiting period)
12
3 Section 39
13
Repeal the section, substitute:
14
39 Waiting period
15
Farm household allowance is not payable to a person while the
16
person is subject to a newly arrived resident's waiting period (see
17
sections 42 and 43).
18
4 Sections 40 and 41
19
Repeal the sections.
20
5 Subsection 42(1) (note)
21
Repeal the note.
22
6 Sections 44 to 47
23
Repeal the sections.
24
7 Subsection 93(1) (table items 14, 23, 24 and 25)
25
Repeal the items.
26
Schedule 1 Removal of waiting periods
4
Farm Household Support Amendment Bill 2017
No. , 2017
8 Application provision
1
The amendments made by this Schedule apply in relation to the
2
following:
3
(a) a claim for farm household allowance that is made on or after
4
the commencement of this item;
5
(b) a claim for farm household allowance that was made before
6
the commencement of this item, where no decision on the
7
claim had been made before that commencement.
8
Farm assets Schedule 2
No. , 2017
Farm Household Support Amendment Bill 2017
5
Schedule 2--Farm assets
1
2
Farm Household Support Act 2014
3
1 Subsection 5(1) (definition of farm asset)
4
Omit "subsection 35(1)", substitute "subsections 35(1) and (2)".
5
2 Subsection 5(1)
6
Insert:
7
water access entitlement has the meaning given by section 35A.
8
water allocation has the meaning given by section 35A.
9
water entitlement right has the meaning given by section 35A.
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water resource has the meaning given by section 35A.
11
3 Subsections 35(1) and (2)
12
Repeal the subsections, substitute:
13
(1) A farm asset is any asset that is used or held wholly or mainly for
14
the purposes of a farm enterprise, but does not include the
15
following:
16
(a) cash;
17
(b) money on deposit with an authorised deposit-taking
18
institution within the meaning of the Banking Act 1959;
19
(c) a farm management deposit within the meaning of the
20
Income Tax Assessment Act 1997;
21
(d) an asset of a kind prescribed by the Minister's rules.
22
(2) Without limiting subsection (1), each of the following is a farm
23
asset:
24
(a) a right or interest in land used wholly or mainly for the
25
purposes of a farm enterprise;
26
(b) a right or interest in livestock, crop, plant or equipment that:
27
(i) is produce of a farm enterprise; or
28
(ii) is used wholly or mainly for the purposes of a farm
29
enterprise;
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Schedule 2 Farm assets
6
Farm Household Support Amendment Bill 2017
No. , 2017
other than any livestock, crop, plant or equipment leased out
1
by the farm enterprise;
2
(c) a water entitlement right that is used or held wholly or mainly
3
for the purposes of a farm enterprise;
4
(d) so much of a loan to which subsection (2A) applies as:
5
(i) is used to purchase a thing covered by subsection (1) or
6
paragraph (a), (b) or (c) of this subsection; and
7
(ii) remains unpaid.
8
(2A) This subsection applies to a loan at a particular time if:
9
(a) it was made by a beneficiary of a trust to the trustee of the
10
trust, or by a shareholder of a company to the company; and
11
(b) the outstanding amount of the principal of the loan exceeds,
12
at that time, the total value of all the financial investments:
13
(i) the trustee has in the capacity of trustee; or
14
(ii) the company has.
15
4 After section 35
16
Insert:
17
35A Meaning of water entitlement right
18
(1) A water entitlement right is:
19
(a) any right conferred by or under a law of a State or Territory
20
to do either or both of the following:
21
(i) to hold water from a water resource;
22
(ii) to take water from a water resource; or
23
(b) an irrigation right (within the meaning of the Water Act
24
2007); or
25
(c) a water delivery right (within the meaning of the Water Act
26
2007); or
27
(d) a right of a kind prescribed by the Minister's rules; or
28
(e) a contractual right that a person holds to all or part of another
29
person's right covered by paragraph (a), (b), (c) or (d).
30
(2) Without limiting paragraph (1)(a), that paragraph includes the
31
following:
32
(a) stock and domestic rights;
33
(b) riparian rights;
34
Farm assets Schedule 2
No. , 2017
Farm Household Support Amendment Bill 2017
7
(c) a water access entitlement;
1
(d) a water allocation.
2
(3) A water access entitlement is a perpetual or ongoing entitlement,
3
by or under a law of a State or Territory, to exclusive access to a
4
share of the water resources of an area in the State or Territory.
5
(4) A water allocation is the specific volume of water allocated to a
6
water access entitlement in a given period.
7
(5) A water resource is:
8
(a) surface water or ground water; or
9
(b) a watercourse, lake, wetland or aquifer (whether or not it
10
currently has water in it).
11
An expression used in paragraph (a) or (b) that is also used in the
12
Water Act 2007 has the same meaning as in that Act.
13
5 Application provision
14
The amendments made by this Schedule apply in relation to a claim for
15
farm household allowance that is made on or after the commencement
16
of this item.
17