Commonwealth Numbered Acts

FARM HOUSEHOLD SUPPORT AMENDMENT (RESTART AND EXCEPTIONAL CIRCUMSTANCES) ACT 1997 NO. 179, 1997 - SCHEDULE 1--Amendment

1 Title (paragraphs (a) and (b))

Repeal the paragraphs, substitute:

(a) the provision of income support and advice to farmers who may not have a long-term productive, sustainable and profitable future in the sector; and

(b) the provision of financial incentives to farmers to leave farming; and

(c) the provision of relief payments to farmers who are in exceptional circumstances.

Omit "a drought exceptional circumstances certificate referred to in section 8A applied to the person", substitute "an exceptional circumstances certificate referred to in section 8A applies to the person, or during a period in respect of which restart income support is payable to the person".

3 Subsection 3(2)

Insert:

re-establishment grant means a grant under the restart re-establishment grant scheme.

4 Subsection 3(2)

Insert:

restart advice scheme means the scheme referred to in section 52B.

5 Subsection 3(2)

Insert:

restart re-establishment grant scheme means the scheme referred to in section 52A.

6 Subsection 3(2)

Insert:

restart scheme payment commencement day means the day that is, under section 4A, the restart scheme payment commencement day.

7 Subsection 3(2)

Insert:

restart scheme payments means payments of the following kinds:

(a) payments of restart income support;

(b) payments of re-establishment grants;

(c) payments of assistance under the restart advice scheme.

Omit "Secretary of the Department of Primary Industries and Energy", substitute "relevant Secretary".

9 Subsection 4(1)

Omit "provided to the Secretary", substitute "provided to the Secretary of the Department of Social Security".

10 Paragraph 4(2)(a)

Omit "the Secretary", substitute "the Secretary of the Department of Social Security".

11 Paragraph 4(2)(a)

After "farm household support", insert "or restart income support, or an application for a re-establishment grant".

12 At the end of section 4

Add:

(4) In this section:

relevant Secretary means:

(a) in relation to farm household support--the Secretary of the Department of Primary Industries and Energy; and

(b) in relation to restart income support or re-establishment grants--the Secretary of the Department of Social Security.

Insert:

SECT 4A The restart scheme payment commencement day (1) Subject to subsections (2) and (3), the restart scheme payment commencement day is the day fixed by Proclamation as the restart scheme payment commencement day for the purposes of this Act.

(2) The day fixed by Proclamation under subsection (1) must not be more than 6 months after the day on which this section commences.

(3) If the restart scheme payment commencement day is not fixed by Proclamation under subsection (1) within the period of 6 months beginning on the day on which this section commences, the restart scheme payment commencement day is the first day after the end of that period.

14 Paragraph 6(a)

After "financial assistance", insert "and advice".

15 Subparagraph 6(c)(ii)

Omit "due to extreme drought".

16 Part 1A (heading)

Repeal the heading, substitute:

Part 1A--Ending farm household support, restart income support and re-establishment grants

Note: The heading to section 6A is altered by omitting " Termination of " and substituting " Ending ".

Add:

SECT 6B Ending restart income support Restart income support is not payable to a person:

(a) in respect of a claim lodged at a time that is more than 4 years after the restart scheme payment commencement day; or

(b) in respect of any period that is more than 5 years after the restart scheme payment commencement day.

(a) in respect of an application lodged at a time that is more than 2 years after the restart scheme payment commencement day; or

(b) in respect of any sale that is completed more than 3 years after the restart scheme payment commencement day.

Repeal the heading, substitute:

Part 2--Qualification for and payability of farm household support, exceptional circumstances relief payment or restart income support 19 Division 1A of Part 2 (heading)

Repeal the heading, substitute:

Division 1A--Qualification for exceptional circumstances relief payment 20 Subsection 8A(1)

Omit "drought" (first occurring), substitute "exceptional circumstances".

Note: The heading to section 8A is altered by omitting " drought " and substituting " exceptional circumstances ".

Omit "a drought", substitute "an".

22 Subsection 8A(2)

Omit "a drought ", substitute "an".

23 Paragraph 8A(2)(a)

Omit "a drought", substitute "an".

24 After Division 1A of Part 2

Insert:

Division 1B--Qualification for restart income support SECT 8B Qualification for restart income support Subject to this Division, a person is qualified for restart income support in respect of a period if:

(a) the period begins on or after the restart 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) a certificate of inability to obtain finance issued in respect of the person has effect throughout the period.

Note: For the ending of restart income support, see section 6B.

(a) the person is not effectively in control of the farm enterprise for which the person claims restart income support; and

(b) restart income support should not be payable to the person in respect of the period.

Note: Some examples of cases in which the Secretary may consider that a person is not effectively in control of a farm enterprise are when a mortgagee has taken possession of a farm, when a person is a bankrupt or when an eviction notice has been served on a person in respect of a farm.

(2) If a person's partner (if any) during a period was paid restart income support in respect of the period, that period is taken, for the purposes of subsection (1), to be a period during which the person received restart income support.

SECT 8E Persons not qualified in relation to later claims for restart income support in certain circumstances (1) A person is not qualified for restart income support in respect of a particular claim if restart income support has already been paid to the person in respect of a period of 6 months or more, or periods that add up to 6 months or more, pursuant to an earlier claim, or earlier claims.

(2) If a person's partner (if any) during a period was paid restart income support in respect of the period, that period is taken, for the purposes of subsection (1), to be a period in respect of which the person has been paid restart income support.

(3) A person is not qualified for restart income support in respect of a particular claim if restart income support has already been paid to the person pursuant to 2 earlier claims.

(4) If, when a claim is lodged, the person who makes the claim is another person's partner, restart income support paid to the person pursuant to the claim is taken, for the purposes of subsection (3), to be restart income support paid to both the person and the person's partner pursuant to the claim.

(5) A reference in subsection (3) to a claim does not include a reference to a claim that a person is taken to have made under subsection 49D(2).

25 Division 2 of Part 2 (heading)

Repeal the heading, substitute:

Division 2--Situations in which farm household support, exceptional circumstances relief payment or restart income support is not payable 26 Paragraph 9(1)(aa)

Omit "drought", substitute "exceptional circumstances".

Note: The heading to section 9 is replaced by the heading " Overview of rules about non-payability ".

Omit "Drought", substitute "Exceptional circumstances".

28 Subsection 9(2)

Omit "drought", substitute "exceptional circumstances".

29 At the end of section 9

Add:

(3) Restart income support is not payable to a person for a period during which the person is qualified for restart income support if, during that period:

(a) farm household support or exceptional circumstances relief payment is payable to the person (see section 9B); or

(b) no determination by the Secretary that the value of the person's assets does not exceed the person's asset value limit has effect (see section 10); or

(c) the person is a full-time student (see section 11); or

(d) another support payment is being paid to the person (see section 12); or

(e) the person is receiving income that is paid by a community or group from funds provided under a Commonwealth fund employment program (see section 13); or

(f) a determination is made (in accordance with provisions of the restart advice scheme) that restart income support is not payable to the person for the period (see section 13A).

Omit "drought" (wherever occurring, including in the note), substitute "exceptional circumstances".

Note: The heading to section 9A is altered by omitting " drought " and substituting " exceptional circumstances ".

Insert:

SECT 9B Restart income support not payable if farm household support or exceptional circumstances relief payment is payable Restart income support is not, and is taken never to have been, payable to a person for a period if the person is receiving, or has received, farm household support or exceptional circumstances relief payment in respect of that period.

Note: See Part 8A for additional rules about suspension of restart income support where exceptional circumstances relief payment is payable.

Omit "Neither farm household support nor drought relief payment is payable", substitute "Farm household support, exceptional circumstances relief payment or restart income support is not payable".

Note: The heading to section 10 is replaced by the heading " Assets test ".

Omit "or drought relief payment", substitute ", exceptional circumstances relief payment or restart income support".

34 Subsection 11(1)

Omit "neither farm household support nor drought relief payment is payable", substitute "farm household support, exceptional circumstances relief payment or restart income support is not payable".

35 Subsection 11(2)

Omit "or drought relief payment", substitute ", exceptional circumstances relief payment or restart income support".

36 Subsection 12(1)

Omit "Neither farm household support nor drought relief payment is payable", substitute "Farm household support, exceptional circumstances relief payment or restart income support is not payable".

37 Subsection 12(1A)

Repeal the subsection, substitute:

(1A) If a person is a member of a couple, exceptional circumstances relief payment or restart income support is not payable to the person for a period if the person's partner is receiving, or has received, any of the following for that period:

(a) farm household support;

(b) exceptional circumstances relief payment;

(c) restart income support.

Omit "neither farm household support nor drought relief payment is payable", substitute "farm household support, exceptional circumstances relief payment or restart income support is not payable".

39 Subsections 12(3), (4) and (5)

Omit "Neither farm household support nor drought relief payment is payable", substitute "Farm household support, exceptional circumstances relief payment or restart income support is not payable".

40 Subsection 12(6)

Omit "or drought relief payment", substitute ", exceptional circumstances relief payment or restart income support".

41 Section 13

Omit "Neither farm household support nor drought relief payment is payable", substitute "Farm household support, exceptional circumstances relief payment or restart income support is not payable".

42 At the end of Division 2 of Part 2

Add:

SECT 13A Obligation to obtain advice (1) The Secretary may direct a person to whom restart income support is payable to obtain advice as specified in the direction. The direction must be consistent with the guidelines contained in the restart advice scheme (see paragraph 52B(3)(a)).

(2) The Secretary must arrange for the provision of assistance to the person under the restart advice scheme (see paragraph 52B(3)(b)) for the purpose of complying with the direction.

(3) If the person does not comply with the direction, the consequences for the continued payability of restart income support to the person are as determined in accordance with the provisions of the restart advice scheme referred to in paragraph 52B(3)(c).

43 Part 3 (heading)

Repeal the heading, substitute:

Part 3--Claim for farm household support, exceptional circumstances relief payment or restart income support 44 Subsection 14(1)

Omit "or drought relief payment", substitute ", exceptional circumstances relief payment or restart income support".

45 Paragraph 14(2)(a)

Omit "or drought relief payment", substitute ", exceptional circumstances relief payment or restart income support".

46 Paragraph 14(2)(b)

Omit "farm household support or drought relief payment, as the case requires", substitute "that support or payment".

47 Subparagraph 15(b)(ii)

Omit "drought relief payment", substitute "exceptional circumstances relief payment or restart income support".

48 Subsection 19(2)

Omit "drought" (wherever occurring), substitute "exceptional circumstances".

49 At the end of section 19

Add:

(3) The Secretary is to determine that the claim is to be granted if the claim is for restart income support and the Secretary is satisfied that:

(a) the person is qualified for restart income support; and

(b) no provision of this Act makes the support not payable to the person.

Omit "or drought relief payment", substitute ", exceptional circumstances relief payment or restart income support"

51 Part 4 (heading)

Repeal the heading, substitute:

Part 4--Rate of farm household support, exceptional circumstances relief payment or restart income support 52 Division 2 of Part 4 (heading)

Repeal the heading, substitute:

Division 2--Rate of exceptional circumstances relief payment 53 Subsection 24A(1)

Omit "drought", substitute "exceptional circumstances".

Note: The heading to section 24A is altered by omitting " drought " and substituting " exceptional circumstances ".

Add:

Division 3--Rate of restart income support SECT 24B Rate of restart income support--how worked out (1) The fortnightly rate at which restart income support is payable to a person is the sum of:

(a) the fortnightly rate at which newstart allowance would be payable to the person if the person were entitled to receive newstart allowance; and

(b) if the person is a member of a couple and the partner allowance rate in relation to the person's partner exceeds the income support payment rate in relation to the person's partner--the fortnightly rate that is the difference between those rates.

income support payment rate , in relation to a person's partner, means the fortnightly rate at which that partner is receiving one (if any) of the following payments:

(a) social security pension;

(b) a social security benefit (except newstart allowance);

(c) non-benefit parenting allowance;

(d) a pension under Part II, III or IV of the Veterans' Entitlements Act 1986 .

(a) that partner is receiving partner allowance; or

(b) partner allowance would be payable to that partner if that partner were entitled to receive partner allowance.

(4) In calculating a rate referred to in this section, exempt livestock proceeds are to be disregarded.

55 Part 5 (heading)

Repeal the heading, substitute:

Part 5--Payment of farm household support, exceptional circumstances relief payment or restart income support 56 Subsection 25(2)

Omit "Drought", substitute "Exceptional circumstances".

57 Subsection 25(2)

Omit "drought", substitute "exceptional circumstances".

Note: The heading to section 25 is replaced by the heading " Commencement of payment ".

Add:

(3) Restart income support becomes payable to a person on the day on which the Secretary's determination that the person's claim for restart income support is to be granted takes effect (see section 20).

59 Section 26A

Omit "Drought", substitute "Exceptional circumstances".

Note 1: The heading to section 26 is altered by omitting " Support " and substituting " Farm household support ".

Note 2: The heading to section 26A is altered by omitting " Drought " and substituting " Exceptional circumstances ".

Insert:

SECT 26B Restart income support to be by way of grant Restart income support is paid to a person by way of grant of financial assistance to the person.

61 Subsection 28(1)

Omit "or drought relief payment", substitute ", exceptional circumstances relief payment or restart income support".

62 Section 29A

Omit "drought" (wherever occurring, including in the formula and Note 2), substitute "exceptional circumstances".

Note: The heading to section 29A is altered by omitting " drought " and substituting " exceptional circumstances ".

Insert:

SECT 29B Amount of instalments of restart income support The instalment of restart income support payable for a period to a person is worked out using the formula:

Note 1: For the person's rate, see section 24B.

Note 2: An instalment of restart income support may be reduced for the purpose of the recovery of a debt under section 56 of this Act (see section 1231A of the Social Security Act 1991 ).

Omit "or drought relief payment", substitute ", exceptional circumstances relief payment or restart income support".

65 Section 33

Omit "or drought relief payment", substitute ", exceptional circumstances relief payment or restart income support".

66 Subsections 41(1) and (2)

Omit "or drought relief payment", substitute ", exceptional circumstances relief payment or restart income support".

67 Subsection 42(1)

Omit "or drought relief payment", substitute ", exceptional circumstances relief payment or restart income support".

Note: The heading to section 42 is altered by omitting " or drought relief payment " and substituting " , exceptional circumstances relief payment or restart income support ".

Omit "the drought relief payment", substitute "the exceptional circumstances relief payment".

69 Part 8 (heading)

Repeal the heading, substitute:

Part 8--Termination of farm household support, exceptional circumstances relief payment or restart income support 70 Section 43

Omit "or drought relief payment" (wherever occurring), substitute ", exceptional circumstances relief payment or restart income support".

71 Section 44

Omit "or drought relief payment" (wherever occurring), substitute ", exceptional circumstances relief payment or restart income support".

72 Section 45

Omit "or drought relief payment" (wherever occurring), substitute ", exceptional circumstances relief payment or restart income support".

73 Paragraph 46(1)(a)

Omit "or drought relief payment", substitute ", exceptional circumstances relief payment or restart income support".

74 Paragraph 46(1)(b)

Omit "drought", substitute "exceptional circumstances".

75 Subsection 46(1)

Omit "the drought relief payment", substitute "the exceptional circumstances relief payment".

76 Section 47

Omit "or drought relief payment" (wherever occurring), substitute ", exceptional circumstances relief payment or restart income support".

Note: The heading to section 47 is altered by omitting all the words after " in need ".

Omit "Drought", substitute "Exceptional circumstances".

78 Paragraphs 48(2)(a) and (b)

Omit "drought", substitute "exceptional circumstances".

79 At the end of section 48

Add:

(3) Restart income support ceases to be payable to a person if:

(a) the person asks the Secretary in writing to stop paying instalments of restart income support to him or her; or

(b) the person ceases to be qualified for restart income support.

Omit "or drought relief payment" (wherever occurring), substitute ", exceptional circumstances relief payment or restart income support".

81 Part 8A (heading)

Repeal the heading, substitute:

Part 8A--Suspension of farm household support and restart income support if exceptional circumstances relief payment is payable 82 Section 49A

Omit "Farm household support ceases, and is taken to have ceased,", substitute "Both farm household support and restart income support cease, and are taken to have ceased,".

Note: The heading to section 49A is replaced by the heading " Farm household support and restart income support cease to be payable if exceptional circumstances relief payment is payable ".

Omit "drought", substitute "exceptional circumstances".

84 Subsection 49B(1)

Omit "drought" (wherever occurring), substitute "exceptional circumstances".

Note: The heading to section 49B is altered by omitting " drought " and substituting " exceptional circumstances ".

Omit " DRP ", substitute " ECRP ".

86 Subsection 49B(2)

Omit "DRP", substitute "ECRP".

87 Paragraph 49B(4)(b)

Omit "DRP", substitute "ECRP".

88 Subparagraph 49B(5)(a)(ii)

Omit "DRP", substitute "ECRP".

89 Subsection 49C(1)

Omit "drought" (wherever occurring), substitute "exceptional circumstances".

Note: The heading to section 49C is altered by omitting " drought " and substituting " exceptional circumstances ".

Omit " DRP ", substitute " ECRP ".

91 Subsection 49C(2)

Omit "DRP" (wherever occurring), substitute "ECRP"

92 Paragraph 49C(5)(b)

Omit "DRP", substitute "ECRP".

93 Paragraph 49C(6)(b)

Omit "DRP", substitute "ECRP".

94 At the end of Part 8A

Add:

SECT 49D Suspension of restart income support where exceptional circumstances relief payment is payable When section applies

(1) This section applies to a person if:

(a) at a particular time (the original RIS cessation time ), restart income support ceases, or ceased, to be payable to the person because exceptional circumstances relief payment becomes, or became, payable to the person; and

(b) at a later time (the ECRP cessation time ), exceptional circumstances relief payment ceases to be payable to the person.

(2) The person is taken to have made a proper claim (the new RIS claim ) for restart income support under Part 3 immediately after the ECRP cessation time.

Continuity of declarations etc.

(3) If the Secretary determines under section 19 that the new RIS claim is to be granted, a direction or notice in force in relation to the person under section 32 or 41 immediately before the original RIS cessation time has effect, in relation to restart income support payable as a result of the new RIS claim, as if the direction or notice, as the case requires, had been given immediately after the determination takes effect.

95 After Part 9

Insert:

Part 9A--Restart re-establishment grant scheme

SECT 52A Restart re-establishment grant scheme (1) The Minister may, by written instrument:

(a) formulate a scheme for the provision of payments, to be made after the restart scheme payment commencement day, by way of grant of financial assistance to people on the sale of farm enterprises, or rights or interests in farm enterprises; and

(b) provide for the implementation and regulation of the scheme.

(2) Without limiting subsection (1), the scheme may deal with:

(a) the circumstances in which people are qualified to apply for re-establishment grants; and

(b) the procedure for applying for a grant; and

(c) the circumstances in which a grant is payable; and

(d) the amount of grant payable; and

(e) the method for paying a grant.

Note: For the ending of re-establishment grants, see section 6C.

(4) If the Secretary gives a direction referred to in subsection (3), the Secretary must arrange for the provision of assistance to the person under the restart advice scheme (see paragraph 52B(3)(b)) for the purpose of complying with the direction.

(5) The consequences for the payability of a re-establishment grant to a person who does not comply with a direction referred to in subsection (3) are as determined in accordance with the provisions of the restart advice scheme referred to in paragraph 52B(3)(c).

(6) An instrument under subsection (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

Part 9B--Restart advice scheme

SECT 52B Restart advice scheme (1) The Minister may, by written instrument:

(a) formulate a scheme under which farmers and their families are provided with assistance for the purpose of obtaining advice to assist farmers to assess their long-term prospects; and

(b) provide for the implementation and regulation of the scheme.

(2) Without limiting subsection (1), the scheme may deal with:

(a) the circumstances in which people are eligible to receive assistance; and

(b) the procedure for applying for assistance; and

(c) a limit on the amount of assistance to be provided; and

(d) the types of advice for which assistance may be provided; and

(e) the people (including their qualifications or expertise) who may provide the advice; and

(f) the form in which the assistance is provided.

(a) set out guidelines for the giving of directions under subsection 13A(1), or under the restart re-establishment grants scheme, requiring people to obtain advice; and

(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 payability of restart income support, or a re-establishment grant, of a person not complying with such a direction.

96 Paragraphs 54(1)(a), (b) and (c)

Omit "or drought relief payment", substitute ", exceptional circumstances relief payment or restart income support".

97 Paragraph 54(1)(e)

Omit "drought", substitute "exceptional circumstances".

98 At the end of subsection 54(1)

Add:

; or (f) the rate at which restart income support is, or was, payable.

Omit "Both farm household support and drought relief payment", substitute "Farm household support, exceptional circumstances relief payment and restart scheme payments".

Note: The heading to section 55 is altered by omitting " and drought relief payment " and substituting " , exceptional circumstances relief payment and restart scheme payments ".

Insert:

SECT 55A Effect of garnishee or attachment order (1) If:

(a) a person has an account with a financial institution; and

(b) instalments of farm household support, exceptional circumstances relief payment or restart income support (the relevant payment type ) payable to the person are being paid to the credit of the account; and

(c) a court order in the nature of a garnishee order comes into force in respect of the account;

(2) The saved amount is worked out as follows:

Method statement

Step 1. Work out the total amount payable to the person in respect of the relevant payment type that has been paid to the credit of the account during the 4 week period immediately before the court order came into force.

Step 2. Subtract from that amount the total amount withdrawn from the account during the same 4 week period: the result is the saved amount.

(3) This section applies to an account whether it is maintained by a person:

(a) alone; or

(b) jointly with another person; or

(c) in common with another person.

financial institution means a bank, building society, credit union or other institution that receives money on deposit.

101 Section 56

Omit "or drought relief payment" (wherever occurring), substitute ", exceptional circumstances relief payment or restart income support".

102 Paragraph 56(d)

Omit "drought" (wherever occurring), substitute "exceptional circumstances".

103 After paragraph 56(d)

Insert:

or (e) in the case of an amount purporting to be an amount of restart income support--the amount was part of a payment made because the restart income support payable to the person in respect of that period was calculated at a rate higher than the rate at which it should have been calculated;

Add:

(2) If:

(a) an amount purporting to be an amount of re-establishment grant payable under the restart re-establishment grant scheme has been paid to a person; and

(a) some or all of the amount was not payable to the person under the scheme;

105 Section 56 (note)

Omit "drought relief payment", substitute "exceptional circumstances relief payment or restart income support".

106 Subsection 57(3)

Omit "Drought", substitute "Exceptional circumstances".

107 At the end of section 57

Add:

(4) Restart scheme payments are to be made out of money appropriated by the Parliament for the purpose of such payments.

Note: The heading to section 57 is replaced by the heading " Source of funds for payments ".

Repeal the section.