Queensland Consolidated Acts

FARM BUSINESS DEBT MEDIATION ACT 2017 - SECT 53

53 When a farmer has failed to mediate

(1) This section applies if the mortgagee gives a notice inviting a request for mediation to the farmer.

(2) For section 49 , the farmer has failed to mediate, and is taken to not intend to mediate, in relation to the farm business debt if the farmer—

(a) did not, within 20 business days after the notice was given, ask for mediation by giving a request for mediation notice to the mortgagee; or

(b) has given a notice to the mortgagee or the authority stating the farmer declines mediation; or

(c) has failed to take part in mediation in good faith or has unreasonably delayed the mediation; or

(d) has not responded in writing to another notice from the mortgagee inviting the farmer to attend a mediation meeting within 20 business days after being given the notice.

(3) Despite subsection (2) (a) and (d) , the authority may be satisfied the farmer has not failed to, and intends to, mediate in relation to the farm business debt if the authority is satisfied the farmer—

(a) did not, because of particular circumstances—

(i) ask for mediation as mentioned in subsection (2) (a) ; or

(ii) respond to an invitation from the mortgagee as mentioned in subsection (2) (d) ; and

(b) has asked, or intends to ask, for mediation by giving a request for mediation notice to the mortgagee within a period that is reasonable in the particular circumstances.

Example—

If the area in which the farm property is located experiences severe weather conditions such as flooding or a cyclone, the authority may consider it is reasonable for the farmer not to give a request for mediation notice to the mortgagee until after the weather has eased and the farmer has dealt with damage caused by the weather.

(4) A notice mentioned in subsection (2) (d) must state—

(a) the notice is an invitation under this section; and

(b) that the farmer’s failure to respond to the invitation in writing within 20 business days after the invitation is given may—

(i) be taken as the farmer declining mediation; and

(ii) be a ground for the authority to issue an exemption certificate that would allow the mortgagee to take enforcement action under the farm mortgage.