Victorian Current Acts

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FARM DEBT MEDIATION ACT 2011 - SECT 7A

Exemption certificate required for enforcement action

    (1)     A creditor must not take enforcement action in relation to a farm mortgage unless an exemption certificate issued to the creditor is in force in respect of the farm mortgage.

    (2)     This section does not invalidate any statutory enforcement notice or other process given, served or executed in order to fulfil a condition precedent to the taking of any enforcement action, but operates to prohibit the taking of the action concerned and the enforcement by a court or tribunal of any such notice or process.

    (3)     Subsection (2) does not affect any proceedings authorised under section 16(6) to be continued or concluded after the expiry of an exemption certificate.

    (4)     If a creditor does not take enforcement action before an exemption certificate expires, the creditor must not take enforcement action in relation to the farm mortgage until the creditor gives notice or further notice under section 8 and obtains a new exemption certificate.

Division 1—Availability of mediation

S. 8 substituted by No. 22/2022 s. 92.



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