Queensland Consolidated Acts

FARM BUSINESS DEBT MEDIATION ACT 2017 - SECT 52

52 Deciding application

(1) The authority must—

(a) consider the mortgagee’s application for an exemption 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) an enforcement action suspension certificate is not in force for the farm mortgage; and

(c) there is a ground, relating to the farmer’s default, to issue the exemption certificate.

(3) If a ground mentioned in section 49 (1) (a) or (d) exists, the authority may decide to issue an exemption certificate for the farm mortgage whether or not the mortgagee gave a notice inviting a request for mediation to the farmer.

(4) The authority must decide to refuse the application if the authority is satisfied—

(a) a heads of agreement is in force for the farm business debt; and

(b) the cooling-off period for the heads of agreement has not ended.

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

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