Victorian Numbered Acts

FARM DEBT MEDIATION ACT 2011 (NO. 42 OF 2011) - SECT 13

    (1)     A farmer may apply to the Small Business Commissioner for a prohibition certificate to be issued if—

        (a)     the farmer is in default under the farm mortgage; and

        (b)     the farmer, under section 9(1) or (2), has requested the creditor to mediate in respect of the farm debt; and

        (c)     the creditor—

              (i)     has refused to mediate; or

              (ii)     has failed to respond to a request to mediate within 21 days of the farmer making the request.

    (2)     An application under subsection (1) must specify—

        (a)     the circumstances under which the farmer made the request to mediate; and

        (b)     which of the following applies—

              (i)     the creditor has actively refused to mediate;

              (ii)     the creditor has failed to respond to the farmer's request to mediate and at least 21 days have elapsed since the request was made;

              (iii)     the creditor has refused to continue to mediate;

              (iv)     at least 3 months have elapsed after a request was made by the farmer under section 9(1) or (2) and throughout that period the farmer has attempted to mediate in good faith but no satisfactory mediation has taken place between the farmer and the creditor.