Queensland Consolidated Acts

FARM BUSINESS DEBT MEDIATION ACT 2017 - SECT 21

21 Giving requested documents to farmer

(1) The farmer may give a notice to the mortgagee asking the mortgagee for copies of documents related to the farm business debt and the farm mortgage.

(2) The farmer may give the notice—

(a) when the farmer gives a request for mediation notice to the mortgagee; or

(b) at any time after the farmer gives a request for mediation notice to the mortgagee but before the mediation ends.

(3) The mortgagee must comply with the notice, at the mortgagee’s cost, within—

(a) 30 business days after receiving the notice; or

(b) a longer period agreed between the farmer and the mortgagee, in consultation with the mediator.

(4) The mortgagee complies with the request by giving the farmer copies of the documents in the mortgagee’s possession or control relating to—

(a) the farmer’s application for the farm business debt and farm mortgage, and any variation of the debt or mortgage; and

(b) the contractual relationship between the farmer and the mortgagee, including any loan or mortgage documents; and

(c) correspondence between the farmer and the mortgagee about changes to the farm business debt or the farm mortgage; and

(d) the farmer’s default under the farm mortgage and any action taken by the mortgagee in relation to the default; and

(e) any other matter prescribed by regulation.

(5) The mortgagee gives a document that is an electronic document by giving a clear image or written version of the document.

(6) If the mortgagee has given a document mentioned in subsection (4) to the farmer within the 3 months before receiving the notice, the mortgagee is taken to have complied with the notice to the extent the notice relates to the document.

(7) If the mortgagee fails to comply, or to make reasonable efforts to comply, with the request, the mortgagee has failed to take part in the mediation in good faith.