Victorian Current Acts

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FARM DEBT MEDIATION ACT 2011 - SECT 8

Notice of availability of mediation to be given

    (1)     A creditor must, before taking enforcement action against a farmer under a farm mortgage—

        (a)     give written notice to the farmer in accordance with subsection (2); and

        (b)     wait 21 days from the day notice referred to in paragraph (a) has been given to the farmer before taking enforcement action.

    (2)     A notice under subsection (1)—

        (a)     must state that the creditor intends to take enforcement action under the farm mortgage; and

        (b)     must state that, under this Act, mediation between the farmer and the creditor is available; and

        (c)     must state that the farmer has 21 days from the date the notice was given to request mediation with the creditor in respect of the farm debt; and

        (d)     may be in the form approved by the Secretary.

    (3)     This section does not apply to a creditor if an exemption certificate has been issued under section 16 in respect of the farm mortgage.



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