Tasmanian Numbered Acts

FARM DEBT MEDIATION ACT 2024 (NO. 20 OF 2024) - Act 20 of 2024 - Royal Assent 2 October 2024

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Object of Act
   4.      Act binds Crown
   5.      Interpretation
   6.      Mediation
   7.      Farming operation

   PART 2 - Application of Act

   8.      Application of Act
   9.      Relationship of Act with other laws
   10.     Contracting out of Act prohibited

   PART 3 - Farm Debt Mediation Commissioner

   11.     Appointment of Farm Debt Mediation Commissioner
   12.     Commissioner's functions and powers generally
   13.     Delegation

   PART 4 - Enforcement Actions in Respect of Farm Mortgages

           Division 1 - Exemption certificates

   14.     Creditor must obtain exemption certificate before taking enforcement action
   15.     Application for exemption certificate
   16.     Determination of application for exemption certificate
   17.     Duration of exemption certificate

           Division 2 - Prohibition certificate prohibiting Creditor from taking enforcement action

   18.     Application for prohibition certificate
   19.     Determination of application for prohibition certificate
   20.     Prohibition certificate not to be issued while exemption certificate in force
   21.     Duration of prohibition certificate

   PART 5 - Mediation

           Division 1 - Mediators

   22.     Accreditation of mediators
   23.     Functions of mediators

           Division 2 - Creditors or farmers may initiate mediation

   24.     Creditor-initiated mediation
   25.     Farmer-initiated mediation

           Division 3 - Mediation procedure

   26.     Farmer to nominate mediator
   27.     Requests for information
   28.     Conduct of mediations
   29.     Mediation to be held in private
   30.     Confidentiality of mediation
   31.     Disclosure of information
   32.     Representation and assistance during mediation
   33.     Costs of mediation

           Division 4 - Mediation agreements

   34.     Draft mediation agreements
   35.     Mediation agreements
   36.     Cooling-off period for mediation agreements
   37.     Rights during cooling-off period
   38.     Implementing mediation agreement
   39.     Summary of mediation

   PART 6 - Review of Administrative Decisions

   40.     Interpretation
   41.     Review of decisions of Commissioner
   42.     Stay of reviewable decisions

   PART 7 - Miscellaneous

   43.     Regulations
   44.     Administration of Act