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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Farm Household Support Amendment
(Relief Measures) Bill (No. 2) 2019
No. , 2019
(Agriculture)
A Bill for an Act to amend the
Farm Household
Support Act 2014
, and for related purposes
No. , 2019
Farm Household Support Amendment (Relief Measures) Bill (No. 2)
2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Rate of farm household allowance
3
Farm Household Support Act 2014
3
Schedule 2--Assets test
5
Farm Household Support Act 2014
5
Schedule 3--Farm financial assessments
7
Farm Household Support Act 2014
7
Farm Household Support Minister's Rule 2014
8
Schedule 4--Activity supplement
9
Farm Household Support Act 2014
9
Farm Household Support Minister's Rule 2014
9
No. , 2019
Farm Household Support Amendment (Relief Measures) Bill (No. 2)
2019
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 (Relief
5
Measures) Act (No. 2) 2019
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Farm Household Support Amendment (Relief Measures) Bill (No. 2)
2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
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
Note:
The provisions of the
Farm Household Support Minister's Rule 2014
12
amended by this Act, and any other provisions of that instrument, may
13
be amended or repealed by an instrument made under
14
subsection 106(1) of the
Farm Household Support Act 2014
(see
15
subsection 13(5) of the
Legislation Act 2003
).
16
Rate of farm household allowance
Schedule 1
No. , 2019
Farm Household Support Amendment (Relief Measures) Bill (No. 2)
2019
3
Schedule 1--Rate of farm household
1
allowance
2
3
Farm Household Support Act 2014
4
1 At the end of Subdivision A of Division 8 of Part 2
5
Add:
6
59A Income reduction
7
(1) The following do not apply in relation to the rate of farm
8
household allowance for a person who has turned 22:
9
(a) steps 5 and 6 of the method statement in point 1068-A1 of
10
Benefit Rate Calculator B;
11
(b) Module G of Benefit Rate Calculator B;
12
(c) Subdivisions C and D of this Division.
13
(2) Paragraph (a) of step 7 of the method statement in point 1068-A1
14
of Benefit Rate Calculator B applies in relation to the rate of farm
15
household allowance for a person who has turned 22 as if the
16
provisional fortnightly payment rate were the amount worked out
17
at step 4 of that method statement.
18
(3) Subsections (1) and (2) do not apply for the purposes of working
19
out if farm household allowance is payable to a person for any day.
20
Note:
Section 37 provides that farm household allowance is not payable to a
21
person if the person's allowance rate would be nil. The income test in
22
the Social Security Act (as affected by Subdivisions C and D of this
23
Division) applies in working out if the allowance is payable.
24
2 At the end of Subdivision B of Division 8 of Part 2
25
Add:
26
65A Income reduction
27
(1) The following do not apply in relation to the rate of farm
28
household allowance for a person who has not turned 22:
29
Schedule 1
Rate of farm household allowance
4
Farm Household Support Amendment (Relief Measures) Bill (No. 2)
2019
No. , 2019
(a) steps 12 and 13 of the method statement in point 1067G-A1
1
of the Youth Allowance Rate Calculator;
2
(b) Module H of the Youth Allowance Rate Calculator;
3
(c) Subdivisions C and D of this Division.
4
(2) Paragraph (a) of step 14 of the method statement in point
5
1067G-A1 of the Youth Allowance Rate Calculator applies in
6
relation to the rate of farm household allowance for a person who
7
has not turned 22 as if the provisional fortnightly payment rate
8
were the amount worked out at step 4 of that method statement.
9
(3) Subsections (1) and (2) do not apply for the purposes of working
10
out if farm household allowance is payable to a person for any day.
11
Note:
Section 37 provides that farm household allowance is not payable to a
12
person if the person's allowance rate would be nil. The income test in
13
the Social Security Act (as affected by Subdivisions C and D of this
14
Division) applies in working out if the allowance is payable.
15
3 Application provision
16
The amendments made by this Schedule apply in relation to working
17
out whether farm household allowance is payable, or the rate of farm
18
household allowance, for days on or after the commencement of this
19
item.
20
Assets test
Schedule 2
No. , 2019
Farm Household Support Amendment (Relief Measures) Bill (No. 2)
2019
5
Schedule 2--Assets test
1
2
Farm Household Support Act 2014
3
1 Sections 33 and 34
4
Repeal the sections, substitute:
5
33 Assets value limit
6
Farm household allowance is not payable to a person if the sum of
7
the value of the person's farm assets and of the value of the
8
person's non-farm assets exceeds $5.5 million.
9
2 At the end of Subdivision A of Division 6 of Part 2
10
Add:
11
36A Valuing a water entitlement right
12
If, in working out the value of a person's farm assets, the value of a
13
right or interest in land used wholly or mainly for the purposes of a
14
farm enterprise includes the value of a water entitlement right that
15
is used or held wholly or mainly for the purposes of that farm
16
enterprise, then the value of that water entitlement right is to be
17
disregarded in working out the value of the person's farm assets
18
referred to in paragraph 35(2)(c).
19
3 Subsection 93(1) (table item 26)
20
Omit "sections 33 and 34", substitute "Subdivision A of Division 6 of
21
Part 2".
22
4 Subsection 93(1) (table item 28)
23
Omit "tests in sections 33 and 34", substitute "test in section 33".
24
5 Subsection 93(1) (table item 29)
25
Repeal the item.
26
Schedule 2
Assets test
6
Farm Household Support Amendment (Relief Measures) Bill (No. 2)
2019
No. , 2019
6 Application provision
1
The amendments made by this Schedule apply in relation to working
2
out whether farm household allowance is payable for days on or after
3
the commencement of this item.
4
Farm financial assessments
Schedule 3
No. , 2019
Farm Household Support Amendment (Relief Measures) Bill (No. 2)
2019
7
Schedule 3--Farm financial assessments
1
2
Farm Household Support Act 2014
3
1 Subsection 5(1) (definition of
prescribed adviser
)
4
Repeal the definition.
5
2 Section 84
6
Omit "prescribed adviser", substitute "person who has appropriate
7
qualifications or expertise to conduct the assessment".
8
3 Section 84
9
Omit "the adviser", substitute "the person who conducted the
10
assessment".
11
4 Section 86 (heading)
12
Omit "
prescribed adviser
", substitute "
person who has appropriate
13
qualifications or expertise
".
14
5 Section 86
15
Omit "prescribed adviser", substitute "person".
16
6 At the end of section 86
17
Add:
18
; and (c) has appropriate qualifications or expertise to conduct the
19
assessment.
20
7 After paragraph 87(c)
21
Insert:
22
(ca) the cost of the assessment is greater than nil; and
23
8 Subparagraph 87(e)(ii)
24
Omit "prescribed adviser", substitute "person".
25
9 Paragraph 88(1)(b)
26
Omit "prescribed adviser", substitute "person".
27
Schedule 3
Farm financial assessments
8
Farm Household Support Amendment (Relief Measures) Bill (No. 2)
2019
No. , 2019
10 At the end of paragraph 89(b)
1
Add ", being the cost specified in the invoice mentioned in
2
paragraph 87(d)".
3
Farm Household Support Minister's Rule 2014
4
11 Section 4 (definition of
professional body
)
5
Repeal the definition.
6
12 Section 5
7
Repeal the section.
8
13 Application provision
9
The amendments made by this Schedule apply in relation to notices
10
given under subsection 85(2) of the
Farm Household Support Act 2014
11
on or after the commencement of this item.
12
Activity supplement
Schedule 4
No. , 2019
Farm Household Support Amendment (Relief Measures) Bill (No. 2)
2019
9
Schedule 4--Activity supplement
1
2
Farm Household Support Act 2014
3
1 Paragraph 82(1)(b)
4
Repeal the paragraph, substitute:
5
(b) the sum of:
6
(i) the cost of the activity, being the cost specified in the
7
invoice mentioned in paragraph 80(1)(g) or (2)(f); and
8
(ii) the costs of travel or accommodation or both that are
9
incurred in connection with the activity, to the extent
10
that the Secretary considers those costs to be reasonable;
11
2 Application provision
12
Subparagraph 82(1)(b)(ii) of the
Farm Household Support Act 2014
, as
13
substituted by this Schedule, applies in relation to costs of travel or
14
accommodation that are incurred on or after the commencement of this
15
item.
16
Farm Household Support Minister's Rule 2014
17
3 Section 8
18
Repeal the section, substitute:
19
8 Maximum amount of activity supplement
20
For the purposes of paragraph 82(1)(a) of the Act, the maximum
21
amount of activity supplement is $10,000.
22
Note:
Subsection 82(1) of the Act provides that the amount of activity
23
supplement payable to a person for an activity is the lowest of the
24
following amounts:
25
(a) the maximum amount prescribed by this rule;
26
(b) the sum of the cost of the activity and the reasonable costs of
27
travel or accommodation or both that are incurred in connection
28
with the activity;
29
(c) the remaining balance of the person's activity supplement.
30
Schedule 4
Activity supplement
10
Farm Household Support Amendment (Relief Measures) Bill (No. 2)
2019
No. , 2019
4 Application provision
1
The amendment of the
Farm Household Support Minister's Rule 2014
2
made by this Schedule applies in relation to working out the amount of
3
activity supplement payable to a person for an activity begun on or after
4
the commencement of this item.
5