Queensland Consolidated Acts

FARM BUSINESS DEBT MEDIATION ACT 2017 - SECT 16

16 Agreeing to or refusing mediation

(1) If a mortgagee receives a request for mediation notice in relation to a farm business debt, the mortgagee may agree to or refuse the mediation.

(2) Subsection (1) applies whether or not the mortgagee received the request for mediation notice by the day stated in the notice inviting a request for mediation the mortgagee gave to the farmer.

(3) The mortgagee agrees to the mediation by, within 15 business days after receiving the request for mediation notice—

(a) preparing, in the approved form, a notice that states the parties have agreed to mediation for the farm business debt; and

(b) giving the notice to the farmer and the authority.

(4) The notice must state—

(a) the name and contact details of the person authorised to act for the mortgagee in relation to the mediation; and

Note—

Section 23 provides for when a party to a mediation may be represented at a mediation meeting by an agent with the mediator’s approval or, for a party that is a corporation, by an officer or employee.

(b) the mortgagee’s address for service of documents; and

(c) if stated in the farmer’s request for mediation notice—

(i) the name and contact details of the person authorised to act for the farmer in relation to the mediation; and

(ii) the farmer’s address for service of documents.

(5) If the mortgagee did not give a notice inviting a request for mediation to the farmer, a copy of the notice given to the farmer must be accompanied by a copy of the mediation information package.

(6) The mortgagee refuses the mediation by giving a notice refusing the mediation to the farmer.

Notes—

1 If the farmer requesting mediation is not in default under the farm mortgage and the mortgagee refuses the mediation, there are no consequences under this Act.

2 If the farmer requesting mediation is in default under the farm mortgage, the mortgagee’s refusal of the mediation may be grounds for the farmer to apply for an enforcement action suspension certificate under part 4 , division 1 . See section 40 .