FARM BUSINESS DEBT MEDIATION ACT 2017

Queensland Consolidated Acts

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FARM BUSINESS DEBT MEDIATION ACT 2017 - SCHEDULE 1

SCHEDULE 1 – Dictionary

"accreditation" , for a person, means the person’s accreditation as a mediator.

"accreditation Act" means an Act of any jurisdiction, other than this Act, under which a person may be accredited, however described, as a mediator.

"accreditation decision" means an original decision about an individual’s accreditation, or application for accreditation, as a mediator made under part 5 .

"approved form" means a form approved under section 90 .

"authority" means the Queensland Rural and Industry Development Authority established under the Rural and Regional Adjustment Act 1994 .

"bankrupt" ...

"bankruptcy law" ...

"chief executive officer" means the chief executive officer of the authority under the Rural and Regional Adjustment Act 1994 .

"contact details" , for a person, means—

(a) the person’s residential, business or postal address; and

(b) the person’s phone number or, if the person does not have a phone number, a way of contacting the person by phone; and

(c) the person’s fax number (if any); and

(d) the person’s email address (if any); and

(e) any other electronic address of the person.

"contract" includes an agreement.

"cooling-off period" , for a heads of agreement, see section 27 (1) .

"corresponding law" , of a State, means an Act of that State that—

(a) provides for mediation for farm business debts, however described; and

(b) is prescribed by regulation to be a corresponding law.

"default" , in relation to a farmer under a farm mortgage, means a ground exists for the mortgagee to take enforcement action against the farmer under the terms of the mortgage.

Examples of default—

• a failure to perform an obligation under the terms of the farm mortgage

• the ratio of the farm business debt to the value of farm property (commonly referred to as the loan to value ratio or LVR) changes because the value of the farm property secured by the farm mortgage changes

"electronic document" ...

"enforcement action" , in relation to a farm mortgage, means action to enforce the mortgage, including, for example—

(a) taking possession of the property under the mortgage; and

(b) exercising a power of sale under the mortgage; and

(c) giving a statutory enforcement notice.

"enforcement action notice" ...

"enforcement action suspension certificate" see section 40 (2) .

"executive officer" , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

"exemption certificate" see section 48 (1) .

"farm business debt" see section 5 .

"farmer" means—

(a) a person or entity whose sole or main business is a farming business; or

(b) a person or entity who is the owner of land the subject of a sharefarming agreement; or

(c) a person or entity who has applied, and is eligible, for a loan under a program administered by the authority to provide finance to persons in the first years of establishing a farming business; or

(d) a person who is the personal representative of a dead individual mentioned in paragraph (a) , (b) or (c) .

"farming business" —

(a) means—
(i) an agricultural, apicultural, dairy farming, horticultural, land-based aquacultural, pastoral, poultry keeping or viticultural business; or

(ii) another business that involves cultivating the soil, gathering crops or rearing livestock; or

(iii) a business that involves cutting timber for sale; or

(iv) another business prescribed by regulation to be a farming business; and

(b) includes—
(i) a business mentioned in paragraph (a) carried out under a sharefarming agreement; and

(ii) providing land for a business mentioned in paragraph (a) to be carried out under a sharefarming agreement; but

(c) does not include a business prescribed by regulation not to be a farming business for this Act.

"farm mortgage" means a mortgage of farm property.

"farm property" means—

(a) land on which a farmer carries on a farming business; or

(b) a water allocation under the Water Act 2000 held by a farmer for carrying on a farming business; or

(c) a vehicle, machine, tool or other thing of a type that is usually used to carry on a farming business.
Examples—
tractor, milking machine, harvester, beehive

"heads of agreement" , between the parties to a mediation for a farm business debt, means a document that—

(a) sets out the main points of agreement between the parties on a matter relating to the farm business debt; and

(b) is prepared by a mediator and signed by the parties under section 26 .

"information notice" , for a decision, means a notice that states—

(a) the decision; and

(b) the reasons for the decision; and

(c) the rights of review under this Act for the decision; and

(d) how, and the period within which, a review under this Act for the decision may be started; and

(e) how a stay of the operation of the decision may be applied for under this Act.

"internal review decision" see section 81 (1) (b) .

"mediation" , for a farm business debt, see section 6 (1) .

"mediation guidelines" means guidelines about the conduct of mediation for farm business debts made by the authority under section 34 .

"mediation information package" see section 35 (1) .

"mediation meeting" see section 6 (2) .

"mediator" means a person accredited as a mediator—

(a) by the authority under section 61 ; or

(b) under a corresponding law.

"mortgage" includes a charge on land or an interest in land for securing money or money’s worth.

"mortgagee" , for a farm mortgage, means a person to whom a farmer owes a farm business debt secured by the farm mortgage.

"national mediator accreditation system" means the system known as the national mediation accreditation system that—

(a) provides for the accreditation of mediators, practice standards for accredited mediators, the recognition of bodies to accredit mediators and a register of nationally accredited mediators; and

(b) is administered by the Mediator Standards Board Limited ACN 145 829 812.

"notice" means written notice.

"notice inviting a request for mediation" see section 14 (2) .

"officer" , of a corporation, means an officer as defined by the Corporations Act 2001 (Cwlth) , section 9 for the corporation.

"original decision" means—

(a) a decision for which an information notice must be given under this Act; and

(b) a decision about the date stated on an exemption certificate as the date on which the certificate ends.

"owner" , of land, includes the lessee of land subject to a lease under the Land Act 1994 .

"parties" , to any of the following, means the farmer and the mortgagee for a farm business debt—

(a) the farm business debt;

(b) the farm mortgage that secures the farm business debt;

(c) mediation for the farm business debt;

(d) a heads of agreement entered into because of agreement reached during mediation for the farm business debt.

"Queensland Law Society" means the Queensland Law Society Incorporated under the Legal Profession Act 2007 .

"request for mediation notice" see section 15 (3) .

"satisfactory" , for mediation for a farm business debt, see section 7 .

"sharefarming agreement" means an agreement between the owner of land and another person (a
"share farmer" ) under which—

(a) the owner allows the share farmer to use the land to carry on a business; and

(b) the owner and the share farmer share in the income from the business carried out on the land.

"show cause notice" , for a proposed action or decision, means a notice that invites the recipient of the notice to make written representations to show cause why the proposed action should not be taken or decision not made.

"show cause period" , for a show cause notice, means the period stated in the notice within which the recipient may make the written representations invited by the notice.

"spent conviction" ...

"statutory enforcement notice" , for a farm mortgage, means a notice, however described, that the mortgagee is required, under an Act, to give the farmer or another person before taking action to enforce the farm mortgage, including, for example—

(a) a notice to the farmer under the Property Law Act 1974 , section 84 ; and

(b) a notice to the Minister under the Land Act 1994 , section 345 ; and

(c) a notice to the farmer under the Water Act 2000 , section 166 (5) .

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