Farm Help Re-establishment Grant Scheme Amendment 2003 (No. 3) (Cth)
Farm Help Re-establishment Grant Scheme Amendment 2003 (No. 3)
I, WARREN ERROL TRUSS, Minister for Agriculture, Fisheries and Forestry, make this Scheme under subsection 52A (1) of the Farm Household Support Act 1992.
Date 27 November 2003
WARREN TRUSS
Minister for Agriculture, Fisheries and Forestry
Name of Scheme
This Scheme is the Farm Help Re-establishment Grant Scheme Amendment 2003 (No. 3).
Commencement
This Scheme commences on 1 December 2003.
Amendment of FarmHelp Re-establishment Grant Scheme 1997
Schedule 1 amends the Farm Help Re-establishment Grant Scheme 1997.
Schedule 1 Amendments
(section 3)
[1] Note before Part 1
substitute
Note 1 Part 9A of the Act (consisting only of section 52A) requires the Minister to formulate a scheme, to be called the farm help re-establishment grant scheme, to grant financial assistance to people on the sale of farm enterprises, or rights or interests in farm enterprises. Such a grant is to be called a re-establishment grant.
Part 9B of the Act (consisting only of section 52B) requires the Minister to formulate a scheme, to be called the farm help advice and training scheme, to provide farmers and their families with grants to obtain advice to assess their long-term prospects, develop an activity plan and complete training to improve those prospects.
The Schemes are connected — a person who applies for a benefit under this Scheme will be required to obtain advice under the other Scheme, and will be given a grant under that Scheme to obtain the advice.
[2] Section 2.1
substitute
2.1 Who may apply for a grant?
(1) A person is eligible to apply for a re-establishment grant for a farm enterprise only if the person satisfies subsections (2), (3), (4) and (5).
(2) The person must be qualified for farm help income support under Division 1B of Part 2 of the Act.
(3) The person must have been a farmer in relation to the farm enterprise for a continuous period of at least 2 years immediately before the person applies for the grant.
(4) The person must hold a right or interest that could be sold on the open market in relation to the land used for the farm enterprise.
(5) During the time the person was a farmer in relation to the farm enterprise he or she (or his or her partner) must have contributed a total value of $45 000 or more to the enterprise.
(6) For subsection (5), the value of any inheritance that was received by the person (or the person’s partner) and consisted of part or all of the farm enterprise is taken to be a contribution to the enterprise by the person.
2.1A Certain persons not eligible for a grant
(1) A person is not eligible to apply for a re-establishment grant if, in the 2 years immediately before applying for the grant:
(a) the person received a benefit, under a prescribed educational scheme, for the equivalent of 12 months or more; or
(b) the person was ineligible for farm help income support, under any of the following provisions of the Act, for the equivalent of 12 months or more:
(i) subsection 12 (1);
(ii) subsection 12 (3);
(iii) subsection 12 (4);
(iv) paragraph 12 (5) (b).
Note Prescribed educational scheme has the same meaning as in the Social Security Act 1991: see subsection 3 (1) of the Act.
(2) A person is not eligible to apply for a re-establishment grant for a farm enterprise if, in the 2 year period immediately before applying for the grant, the person received income, from a source other than the farm enterprise, that exceeds the amount of newstart allowance that would have been paid to the person during the period if, during the whole period:
(a) the person was entitled to the newstart allowance; and
(b) the person had no other income.
(3) However, the Minister may allow a person who received a benefit or pension mentioned in subsection 12 (1) of the Act to apply for a re‑establishment grant if, in the 2 years before applying for the grant:
(a) the person was affected by an unforeseeable event; and
(b) the person applied for the benefit or pension because the event prevented the person engaging in farming work.
[3] Section 2.2
omit
30 November 2003.
insert
30 June 2004.
[4] Section 2.3, note
substitute
Note 1 For how to make a claim for farm help income support, see section 16 of the Act.
Note 2 The Secretary must direct a person who has made a claim for farm help income support to develop, and act in accordance with, an activity plan: see section 13B of the Act.
Note 3 For what an individual activity plan must be directed towards, see subsection 13B (3) of the Act.
Note 4 For provision of assistance to a person for the purpose of complying with an activity plan direction, and what happens if a person does not comply with an activity plan direction, see the Farm Help Advice and Training Scheme 1997.
[5] Part 2, Divisions 2 and 3
substitute
Division 2 Advice direction
2.4 When advice is to be obtained (Act s 52A)
(1) For subsection 52A (3) of the Act, if a person applies for a re-establishment grant:
(a) the Secretary must direct the person to obtain advice as specified in the direction; and
(b) the direction must be given no more than 3 months after the day on which the application is approved.
(2) However, subsection (1) does not apply if the Secretary has given the person a direction under subsection 13A (1) of the Act.
Note Subsection 52A (3) of the Act provides that a direction for subsection (1) must be consistent with the guidelines in the farm help advice and training scheme.
[6] Paragraph 3.2 (1) (baa)
omit
1 December 2004;
insert
30 June 2005;
[7] Subparagraph 3.2 (1) (g) (vi)
substitute
(vi) an exit grant under the package known as the Sugar Industry Reform Program, delivered by Centrelink on behalf of the Department of Agriculture, Fisheries and Forestry; and
[8] Subsection 3.2 (1), note
substitute
Note for subparagraph (g) (vi)
Information about the Sugar Industry Reform Program can be found on the internet at: or from:
Food and Agriculture Group
Field Crops, Horticulture and Wine Branch
Agriculture Fisheries and Forestry Australia
GPO Box 858
CANBERRA ACT 2601.
[9] Section 3.3
omit
28 February 2005:
insert
30 September 2005:
[10] Part 3A
omit
[11] Section 4.2
omit
power under subsection 3.2A (1)
insert
powers under subsections 2.1A (3) and 3.2A (1)
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