Queensland Consolidated Acts

FARM BUSINESS DEBT MEDIATION ACT 2017 - SECT 11

11 Application of Act

(1) This Act does not apply in relation to a farmer if—

(a) the farmer is an insolvent under administration; or

(b) the farmer is the subject of a petition presented by a creditor, other than the mortgagee, under the Bankruptcy Act 1966 (Cwlth) or a corresponding law of another jurisdiction, including a jurisdiction outside Australia; or

(c) for a farmer that is a corporation—the farmer is a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 .

(2) Also, this Act does not apply in relation to a farmer for a particular farm business debt if—

(a) the farmer previously defaulted under the farm mortgage for the debt and, because of the farmer’s default, the farmer and the mortgagee took part in mediation for the debt under this Act; and

(b) the farmer and the mortgagee entered into a contract, mortgage or other document to give effect to a heads of agreement entered into as a result of the mediation; and

(c) the farmer has defaulted under the farm mortgage and the default relates to the contract, mortgage or document.