Farm Help Re-establishment Grant Scheme Amendment 2005 (No. 1) (Cth)

Farm Help Re-establishment Grant Scheme Amendment 2005 (No. 1)

I, WARREN ERROL TRUSS, Minister for Agriculture, Fisheries and Forestry, make this Scheme Amendment under subsection 52A (1) of the Farm Household Support Act 1992.

Dated 23 March 2005

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

1. Name of Scheme

This Scheme Amendment is the Farm Help Re-establishment Grant Scheme Amendment 2005 (No. 1).

1. Commencement

This Scheme Amendment commences on the day after it is registered.

1. 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, definition of farm owner or operator

substitute

farm owner or operator means:

(a)a farmer; or

(b)a sharefarmer; or

(c)a person who operates a farm enterprise.

1. Section 1.3, after definition of SDA scheme

insert

sharefarmer means a person who, under the terms of a contract with a farmer, performs work in relation to the farmer’s farm enterprise and who is paid, wholly or partly, by receiving a share of the income, whether in cash or in kind, derived from the enterprise.

1. Section 1.3, note

after

·    farm enterprise

insert

·    farm help scheme payment commencement day

1. Subsection 2.1 (3)

substitute

(3)For a continuous period of at least 2 years immediately before the person applies for the grant, the person must have:

(a)been a farmer; and

(b)derived more than 50% of his or her gross income from his or her farm enterprise; and

(c)contributed more than 50% of his or her capital to the farm enterprise; and

(d)spent more than 50% of his or her working hours in work on the farm enterprise.

Note   A person who does not satisfy paragraph (b) may still be eligible to apply for a grant: see subsection (5A).

1. After subsection 2.1 (5)

insert

(5A)A person who does not satisfy paragraph (3) (b) is taken to satisfy the paragraph if the Secretary determines, in writing, that the person’s gross income from the farm enterprise during the 2-year period mentioned in subsection (3) is significantly diminished because of:

(a)drought, flood, bushfire or some other natural disaster; or

(b)unforeseeable extreme variation in seasonal norms; or

(c)market collapse; or

(d)illness or disability.

1. Part 3, Division 4, heading

substitute

Division 4               Provisions relating to grant recipients

1. After section 3.9

insert

Note In the first 5 years after receiving a farm help re-establishment grant, a person may be required to tell the Department about a change of circumstances, including whether he or she has returned to farming: see sections 52AB and 52AC of the Act.

1. After section 4.4

insert

4.5Transitional — person who was eligible between 1 July 2004 and the 2005 commencement day

This Scheme, as in force immediately before the day on which this section commences (the 2005 commencement day), continues to apply to a person who was eligible for, and applied for, a grant under this Scheme:

(a)on or after 1 July 2004; and

(b)before the 2005 commencement day.