Queensland Consolidated Acts

FARM BUSINESS DEBT MEDIATION ACT 2017

- As at 26 April 2024 
- Act 7 of 2017 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement

           Division 2 - Purpose

   3.      Purpose

           Division 3 - Interpretation

   4.      Definitions
   5.      Meaning of farm business debt
   6.      Meaning of mediation for a farm business debt
   7.      When mediation has been satisfactory
   8.      Particular references

           Division 4 - Operation of Act

   9.      Act binds all persons
   10.     Relationship with other Acts or laws
   11.     Application of Act

   PART 2 - ENFORCEMENT ACTION BY MORTGAGEE

   12.     Restriction on mortgagee enforcement action

   PART 3 - MEDIATION

           Division 1 - Preliminary

   13.     Application of part

           Division 2 - Starting mediation

   14.     Notice inviting request for mediation
   15.     Asking for mediation
   16.     Agreeing to or refusing mediation

           Division 3 - Conducting mediation

   17.     Application of division
   18.     Choosing mediator
   19.     Arranging mediation
   20.     Functions of mediator
   21.     Giving requested documents to farmer
   22.     Giving documents to mortgagee
   23.     Representation at mediation meetings
   24.     Farmer entitled to advisor
   25.     Mediation meetings
   25A.    Mediator may invite other participants to mediation

           Division 4 - Agreement reached in mediation

   26.     Heads of agreement
   27.     Cooling-off period
   28.     Mediator’s obligations after heads of agreement entered
   28A.    Heads of agreement binds parties
   29.     Revoking heads of agreement during cooling-off period
   30.     Compensation if heads of agreement revoked
   30A.    Varying heads of agreement
   31.     Ensuring heads of agreement is given effect accurately

           Division 5 - Ending mediation

   32.     When mediation ends
   33.     Summary of mediation

           Division 6 - General

   34.     Guidelines for conducting mediation
   35.     Mediation information package
   36.     Rules of evidence
   37.     Mediation not open to the public
   38.     Confidentiality
   39.     Costs

   PART 4 - ACTION BY AUTHORITY

           Division 1 - Suspending enforcement action

   40.     Applying for enforcement action suspension certificate
   41.     Show cause notice
   42.     Representations about show cause notice
   43.     Deciding application
   44.     When a mortgagee has failed to mediate
   45.     Failure to decide application
   46.     Issuing certificate
   47.     Duration

           Division 2 - Exemption from obligation to mediation

   48.     Applying for exemption certificate
   49.     Grounds
   50.     Show cause notice
   51.     Representations about show cause notice
   52.     Deciding application
   53.     When a farmer has failed to mediate
   54.     Failure to decide application
   55.     Issuing certificate
   56.     Duration
   57.     Effect of exemption certificate ending

   PART 5 - MEDIATORS

           Division 1 - Accreditation

   58.     Applying for accreditation
   59.     Inquiring about application
   60.     Appropriately qualified and suitable person
   61.     Deciding application
   62.     Failure to decide application
   63.     Term of accreditation

           Division 2 - Renewing accreditation

   64.     Applying for renewal
   65.     Inquiring about renewal application
   66.     Deciding renewal application
   67.     Failure to decide renewal application
   68.     Accreditation continues until decision about renewal

           Division 3 - Suspending and cancelling accreditation

   69.     Application of division
   70.     Grounds
   71.     Show cause notice
   72.     Representations about show cause notice
   73.     Ending show cause process without further action
   74.     Suspending or cancelling accreditation
   75.     Immediate suspension of accreditation

           Division 4 - Register of mediators

   76.     Register of mediators

   PART 6 - REVIEWING DECISIONS

           Division 1 - Effect of original decision

   77.     When original decision takes effect
   78.     QCAT may stay operation of original decision

           Division 2 - Internal review

   80.     Applying for internal review of original decision
   81.     Reviewing original decision

           Division 3 - External review

   82.     Applying for external review

   PART 7 - GENERAL

   83.     Disclosing information
   84.     Protection from liability
   85.     Contracting out prohibited
   86.     Waiver of rights
   87.     Notices by mortgagee
   88.     Offences against this Act
   89.     Executive officer may be taken to have committed offence against deemed executive liability provision
   90.     Approved forms
   90A.    Review of Act
   91.     Regulation-making power

   PART 8 - TRANSITIONAL PROVISION

   92.     Application of Act
           SCHEDULE 1