South Australian Current Acts

FARM DEBT MEDIATION ACT 2018

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Object of Act
   4.      Interpretation
   5.      Application of Act
   6.      Enforcement action in contravention of Act void
   7.      Relationship with other Acts

   PART 2--Availability of mediation

           Division 1--Availability of mediation

   8.      Notice of availability of mediation to be given
   9.      Farmer may request mediation
   10.     Creditor may agree to or refuse mediation
   11.     Enforcement action postponed to allow for mediation

           Division 2--Prohibition certificate

   12.     Application by farmer for issue of prohibition certificate
   13.     Issue of prohibition certificate

           Division 3--Exemption certificate

   14.     Application by creditor for issue of exemption certificate
   15.     Issue of exemption certificate
   16.     Creditor may satisfactorily participate in mediation without forgiving or reducing farm debt
   17.     Duration of exemption certificate

           Division 4--General

   18.     When is a farmer or creditor presumed to have refused to participate in mediation?

   PART 3--The Commissioner and mediation

           Division 1--The Commissioner and mediators

   19.     Administration of Act
   20.     Functions of Commissioner
   21.     Functions of mediators

           Division 2--The mediation process

   22.     Commissioner must arrange mediation
   23.     Conduct of mediation
   24.     Confidentiality
   25.     Mediation fees

   PART 4--General

   26.     Agreement reached by parties at mediation
   27.     Contracting out prohibited
   28.     Waiver of rights void
   29.     Notices by mortgagee
   30.     Service
   31.     Offences by bodies corporate
   32.     Regulations
           SCHEDULE 1--Transitional provision
           Legislative history