Farm Help Re-establishment Grant Scheme Amendment 2002 (No. 1) (Cth)
Farm Help Re-establishment Grant Scheme Amendment 2002 (No. 1)
I, WARREN ERROL TRUSS, Minister for Agriculture, Fisheries and Forestry, make this instrument under subsection 52A (1) of the Farm Household Support Act 1992.
Dated 17 October 2002
WARREN TRUSS
Minister for Agriculture, Fisheries and Forestry
Name of instrument
This instrument is the Farm Help Re-establishment Grant Scheme Amendment 2002 (No. 1).
Commencement
This instrument commences on gazettal.
Amendment of Farm Help Re-establishment Grant Scheme 1997
Schedule 1 amends the Farm Help Re-establishment Grant Scheme 1997.
Schedule 1 Amendments
(section 3)
[1] Section 1.3, after definition of Act
insert
DEP scheme means the Dairy Exit Program Scheme 2000 formulated under section 52C of the Act.
DSAP scheme has the same meaning as in Schedule 2 to the Dairy Produce Act 1986.
[2] Section 1.3, after definition of farm owner or operator
insert
SDA scheme has the same meaning as in Schedule 2 to the Dairy Produce Act 1986.
value of a person’s assets has the meaning given by section 3.1.
[3] Section 1.3, note, after third dot point
insert
·dairy-type grant
[4] Paragraph 3.1 (2) (c)
substitute
(c) personal and household effects up to a maximum value of $10 000 must be disregarded; and
(d) in the case of a person to whom section 3.2AA applies — payment rights granted to the person (or the person’s partner) under the DSAP scheme or the SDA scheme must be disregarded.
[5] After paragraph 3.2 (1) (d)
insert
(da) the person, and the person’s partner (if any), gives the Secretary a written acknowledgment of the effect of subsections 3.9 (3) and (4) if the person or partner becomes a farm owner or operator within 5 years after making the agreement; and
[6] Paragraph 3.2 (1) (f)
substitute
(f) the value of the person’s assets, at the time when the Secretary considers whether the person qualifies for a grant, is less than $167 500; and
[7] Paragraph 3.2 (1) (g)
omit
the person has not
insert
neither the person, nor the person’s partner (if any), has
[8] Paragraph 3.2 (1) (h)
omit
(iii) or (iv):
insert
(iii), (iv) or (v):
[9] After section 3.2
insert
3.2AA Who is qualified for a dairy-type grant?
(1) A re-establishment grant for which a person is eligible because of this section is, for the purposes of the Act, designated a dairy-type grant.
(2) A person who, except for the application of subparagraph 3.2 (1) (g) (iv) or (v), is qualified under section 3.2 for a re-establishment grant is eligible for a dairy-type grant if:
(a) in the case of a person who (or whose partner, if any), under the DSAP scheme or the SDA scheme, is the registered owner of 1 or more units in a payment right — the unit is, or those units are, unencumbered (within the meaning of clause 53 of Schedule 2 to the Dairy Produce Act 1986); and
(b) the person has not previously received a payment under the DEP scheme.
(3) If a person who is eligible, under subsection (2), to receive a dairy-type grant:
(a) is, under the DSAP scheme or the SDA scheme, the registered owner of a unit in a payment right granted to the person; and
(b) has a partner who is the registered owner of a unit in a payment right granted to the partner;
the partner is equally eligible to receive the dairy-type grant.
Note See subsection 3.6 (5).
[10] Subsection 3.6 (1)
omit
If the value of the person’s assets
insert
For a grant to which section 3.2 applies, if the value of the person’s assets, at the time when the Secretary determines that the person qualifies for a grant,
[11] Subsection 3.6 (2)
omit
If the value of the person’s assets
insert
For a grant to which section 3.2 applies, if the value of the person’s assets, at the time when the Secretary determines that the person qualifies for a grant,
[12] After subsection 3.6 (2)
insert
(3) For a grant to which section 3.2AA applies, if the value of the person’s assets, at the time when the Secretary determines that the person qualifies for a grant, is $100 000 or less, the amount payable is:
$45 000 – (FHIS + DSAP + SDA)
where:
DSAP is the sum of:
(a) the total amount (in dollars) of any DSAP payments paid to the person for units in a payment right:
(i) granted to the person under the DSAP scheme; and
(ii) ownership of which has not been transferred before the time at which it is determined, under section 3.2AA, that the person is eligible for a re-establishment grant; and
(b) if, before the decision under section 3.2AA, the person has transferred to someone else (including the person’s partner) his or her ownership of any units in a payment right granted to the person under the DSAP scheme — $32 multiplied by the number of those units; and
(c) the total amount (in dollars) of any DSAP payments paid to the person’s partner (if any) for units in a payment right:
(i) granted to the partner under the DSAP scheme; and
(ii) ownership of which has not been transferred before the time at which it is determined, under section 3.2AA, that the person is eligible for a re-establishment grant; and
(d) if, before the decision under section 3.2AA, the partner has transferred to someone else (including the person) his or her ownership of any units in a payment right granted to the partner under the DSAP scheme — $32 multiplied by the number of those units.
FHIS is the total amount (in dollars) of:
(a) any payments of farm help income support paid to the person; and
(b) any payments of farm help income support paid to the person’s partner.
SDA is the sum of:
(a) the total amount (in dollars) of any SDA payments paid to the person for units in a payment right:
(i) granted to the person under the SDA scheme; and
(ii) ownership of which has not been transferred before the time at which it is determined, under section 3.2AA, that the person is eligible for a re-establishment grant; and
(b) if, before the decision under section 3.2AA, the person has transferred to someone else (including the person’s partner) his or her ownership of any units in a payment right granted to the person under the SDA scheme — $32 multiplied by the number of those units; and
(c) the total amount (in dollars) of any SDA payments paid to the person’s partner for units in a payment right:
(i) granted to the partner under the SDA scheme; and
(ii) ownership of which has not been transferred before the time at which it is determined, under section 3.2AA, that the person is eligible for a re-establishment grant; and
(d) if, before the decision under section 3.2AA, the partner has transferred to someone else (including the person) his or her ownership of any units in a payment right granted to the partner under the SDA scheme — $32 multiplied by the number of those units.
(4) For a grant to which section 3.2AA applies, if the value of the person’s assets, at the time when the Secretary determines that the person qualifies for a grant, is more than $100 000 but less than $167 500, the amount payable is:
$45 000 – 2/3 (N – $100 000) – (FHIS + DSAP + SDA)
where:
DSAP is the sum of:
(a) the total amount (in dollars) of any DSAP payments paid to the person for units in a payment right:
(i) granted to the person under the DSAP scheme; and
(ii) ownership of which has not been transferred before the time at which it is determined, under section 3.2AA, that the person is eligible for a re-establishment grant; and
(b) if, before the decision under section 3.2AA, the person has transferred to someone else (including the person’s partner) his or her ownership of any units in a payment right granted to the person under the DSAP scheme — $32 multiplied by the number of those units; and
(c) the total amount (in dollars) of any DSAP payments paid to the person’s partner (if any) for units in a payment right:
(i) granted to the partner under the DSAP scheme; and
(ii) ownership of which has not been transferred before the time at which it is determined, under section 3.2AA, that the person is eligible for a re-establishment grant; and
(d) if, before the decision under section 3.2AA, the partner has transferred to someone else (including the person) his or her ownership of any units in a payment right granted to the partner under the DSAP scheme — $32 multiplied by the number of those units.
FHIS is the total amount (in dollars) of:
(a) any payments of farm help income support paid to the person; and
(b) any payments of farm help income support paid to the person’s partner.
N is the value (in dollars) of the person’s assets.
SDA is the sum of:
(a) the total amount (in dollars) of any SDA payments paid to the person for units in a payment right:
(i) granted to the person under the SDA scheme; and
(ii) ownership of which has not been transferred before the time at which it is determined, under section 3.2AA, that the person is eligible for a re-establishment grant; and
(b) if, before the decision under section 3.2AA, the person has transferred to someone else (including the person’s partner) his or her ownership of any units in a payment right granted to the person under the SDA scheme — $32 multiplied by the number of those units; and
(c) the total amount (in dollars) of any SDA payments paid to the person’s partner for units in a payment right:
(i) granted to the partner under the SDA scheme; and
(ii) ownership of which has not been transferred before the time at which it is determined, under section 3.2AA, that the person is eligible for a re-establishment grant; and
(d) if, before the decision under section 3.2AA, the partner has transferred to someone else (including the person) his or her ownership of any units in a payment right granted to the partner under the SDA scheme — $32 multiplied by the number of those units.
(5) If the person is eligible for a grant to which section 3.2AA applies and subsection 3.2AA (3) applies to the person, the person and the person’s partner are each to be paid half of any amount payable under subsection (3) or (4).
[13] Part 3, Division 4, heading
substitute
Division 4 Forfeiture of grant
[14] Section 3.9, heading
substitute
3.9 Person re-establishing as farm owner or operator
[15] Subsection 3.9 (1)
omit
the making of a re-establishment grant
insert
a re-establishment grant decided by the Secretary before the commencement of the Farm Help Re-establishment Grant Scheme Amendment 2002 (No. 1)
[16] After subsection 3.9 (2)
insert
(3) A person who, despite the acknowledgment given by the person under paragraph 3.2 (1) (da), becomes a farm owner or operator, and who has been paid an amount of re-establishment grant, forfeits that amount.
(4) The amount, mentioned in subsection (3), paid to the person is recoverable by the Commonwealth:
(a) in the case of a grant to which section 3.2 applies — as a debt due to the Commonwealth; or
(b) in the case of a grant to which section 3.2AA applies — on behalf of the Australian Dairy Corporation as a debt due to that Corporation.
[17] After section 4.2
insert
4.2A Disclosure of dairy-type grant information
The Secretary may disclose dairy-type grant information received in relation to a person who is an applicant for a dairy-type grant:
(a) to the Dairy Adjustment Authority, in connection with the administration of:
(i) the DSAP scheme; or
(ii) the SDA scheme; or
(iii) a provision of the Dairy Produce Act 1986, in so far as the provision relates to either of those schemes; and
(b) to the Australian Dairy Corporation, in connection with the administration of the Dairy Structural Adjustment Fund established by clause 77 of Schedule 2 to the Dairy Produce Act 1986; and
(c) to the Secretary of Agriculture, Fisheries and Forestry (AFFA), but only if the information:
(i) is aggregated with like information, so that it does not reveal the identity of:
(A) the person; or
(B) a farm enterprise in which the person has a right or interest; and
(ii) is relevant to a function of the Secretary of AFFA in monitoring, evaluating or reporting on the continuing operation of dairy type grants.
0
0
0