Queensland Consolidated Acts

FARM BUSINESS DEBT MEDIATION ACT 2017 - SECT 43

43 Deciding application

(1) The authority must—

(a) consider the farmer’s application for an enforcement action suspension certificate; and

(b) consider all representations made in accordance with the show cause notice; and

(c) decide to approve or refuse the application; and

(d) as soon as practicable after making the decision, give the farmer and the mortgagee a notice that states the decision.

(2) The authority must decide to approve the application if the authority is satisfied—

(a) the farmer is in default under the farm mortgage; and

(b) the farmer has given the mortgagee a request for mediation notice; and

(c) an exemption certificate is not in force for the farm mortgage; and

(d) the mortgagee has failed to, and does not intend to, mediate in relation to the farm mortgage.

Note—

See section 44 for when a mortgagee has failed to mediate.

(3) If the authority decides to approve the application, the notice the authority gives the mortgagee under subsection (1) (d) must be an information notice for the decision.

(4) If the authority decides to refuse the application, the notice the authority gives the farmer under subsection (1) (d) must be an information notice for the decision.