Farm Help Re-establishment Grant Scheme Amendment 2007 (No. 1) (Cth)
Farm Help Re‑establishment Grant Scheme Amendment 2007 (No. 1)
Farm Household Support Act 1992
I, PETER JOHN McGAURAN, Minister for Agriculture, Fisheries and Forestry, make this Instrument under subsection 52A (1) of the Farm Household Support Act 1992.
Dated 20 June 2007
PETER McGAURAN
Minister for Agriculture, Fisheries and Forestry
Name of Instrument
This Instrument is the Farm Help Re‑establishment Grant Scheme Amendment 2007 (No. 1).
Commencement
This Instrument commences on 1 July 2007.
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
dairy‑type grant means the grant designated as such under subsection 3.2AA (1) immediately before the repeal of that subsection on 1 July 2007.
[2] Section 1.3, after definition of effectively in control
insert
farm help income support means income support under Division 1B of Part 2 of the Act.
[3] Section 1.3, after definition of Industry services body
insert
re‑entry client has the meaning given by section 2.3A of the Farm Help Advice and Training Scheme 1997.
Note Section 2.3A of the Farm Help Advice and Training Scheme 1997 states:
A person is a re‑entry client, if:
(a) the person is an eligible person; and
(b) the person is qualified for farm help income support and 12 months have lapsed since farm help income support ceased to be payable to the person; and
(c) the person has not received a re‑establishment grant.
[4] Section 1.3, note
omit
·dairy‑type grant
[5] Section 1.3, note
omit
·partner
insert
·partner
·re‑establishment grant
·sale of a farm enterprise
[6] Section 2.1, heading
substitute
2.1 Eligibility to apply — persons other than re‑entry clients
[7] Subsection 2.1 (1)
substitute
(1) A person (other than a re‑entry client) is eligible to apply for a re‑establishment grant for a farm enterprise if the person satisfies subsections (2), (3), (4) and (5).
[8] Subsection 2.1 (2)
omit
under Division 1B of Part 2 of the Act
[9] Subsection 2.1 (4)
substitute
(4) The person must hold, for a continuous period of 5 years immediately before the person applies for a re‑establishment grant, a right or interest (other than as a sharefarmer or leaseholder) that could be sold on the open market in relation to the land used for the farm enterprise.
[10] Subsection 2.1 (5)
omit
$50 000
insert
$75 000
[11] After section 2.1
insert
2.1AA Eligibility to apply — re‑entry client
A re‑entry client is eligible to apply for a re‑establishment grant for a farm enterprise if the re‑entry client:
(a) satisfies subsections 2.1 (3), (4) and (5); and
(b) completes a claim for farm help income support in accordance with subsection 2.3 (2); and
(c) would otherwise qualify for farm help income support.
[12] Subsection 2.1A (3), at the foot
insert
Note A sharefarmer, or a leaseholder in relation to land used for a farm enterprise, is not eligible to apply for a re‑establishment grant: see subsection 2.1 (4).
[13] Section 2.2
substitute
2.2 When must application be made?
An application cannot be made after 30 June 2019.
Note No application for a dairy‑type grant (which was a kind of re‑establishment grant) can be made after 30 June 2007. Dairy‑type grants ceased to exist on 1 July 2007.
[14] Paragraph 3.1 (2) (d)
substitute
(d) payment rights granted to the person (or the person’s partner) under the DSAP scheme or the SDA scheme must be disregarded.
[15] Paragraph 3.2 (1) (baa)
omit
30 June 2008;
insert
30 June 2020;
[16] Paragraph 3.2 (1) (da)
omit
operator within 5 years after making the agreement;
insert
operator, or a leaseholder, within 10 years after the date of the acknowledgment;
[17] Paragraph 3.2 (1) (f)
omit
$175 000 and
insert
$262 500; and
[18] Subparagraphs 3.2 (1) (g) (iv) and (v)
substitute
(iv) a dairy‑type grant; or
[19] Section 3.2AA
omit
[20] Section 3.3
omit
30 September 2008:
insert
30 September 2020:
[21] Section 3.5
substitute
3.5 Purpose of Division
(1) This Division sets out how an amount payable as a re‑establishment grant is worked out.
(2) The amount payable to a person is up to $75 000, depending:
(a) on the value of the person’s assets; and
(b) on any farm help income support received by the person and the person’s partner (if any); and
(c) until 28 September 2009, on any payment received by the person and the person’s partner (if any) under the DSAP scheme or SDA scheme.
[22] Section 3.6
substitute
3.6 Amount payable from 1 July 2007 to 28 September 2009
(1) The amount of re‑establishment grant payable to a person for the period commencing on 1 July 2007 and ending at the end of 28 September 2009 is to be worked out in accordance with this section.
(2) If the value of the person’s assets, at the time when the Secretary determines that the person qualifies for a grant, is $150 000 or less, the amount payable is:
where:
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.
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 date when the Secretary decides whether the person qualifies for re‑establishment grant (the decision date); and
(b) if, before the decision date, 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 decision date; and
(d) if, before the decision date, 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.
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 decision date; and
(b) if, before the decision date, 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 decision date; and
(d) if, before the decision date, 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.
(3) 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 $150 000 but less than $262 500, the amount payable is:
where:
N is the value (in dollars) of the person’s assets.
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.
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 decision date; and
(b) if, before the decision date 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 decision date; and
(d) if, before the decision date 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.
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 decision date; and
(b) if, before the decision date, 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 decision date; and
(d) if, before the decision date, 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) The section ceases to have effect at the end of 28 September 2009.
3.6A Amount payable on or after 29 September 2009
(1) The amount of re‑establishment grant payable to a person on or after 29 September 2009 is to be worked out in accordance with this section.
(2) If the value of the person’s assets, at the time when the Secretary determines that the person qualifies for a grant, is $150 000 or less, the amount payable is $75 000, less any farm help income support that has been paid to the person or the person’s partner.
(3) 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 $150 000 but less than $262 500, the amount payable is:
where:
N is the value (in dollars) of the person’s assets.
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.
[23] Subsection 3.9 (3)
omit
or operator.
insert
or operator, or a leaseholder of land used for a farm enterprise, within 10 years after the date of the acknowledgment given under paragraph 3.2 (1) (da).
[24] Paragraphs 3.9 (4) (a) and (b)
substitute
(a) as a debt due to the Commonwealth; or
(b) in the case of a dairy‑type grant — on behalf of the industry services body as a debt due to that body.
[25] Section 4.2A
omit
who is an applicant for
insert
who applied for
[26] Subparagraph 4.2A (c) (ii)
omit
the continuing operation of
[27] Section 4.5
substitute
4.5 Transitional — person who was eligible between 1 July 2004 and 25 March 2005
This Scheme, as in force immediately before 25 March 2005, 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 25 March 2005.
4.6 Transitional — applications by sharefarmers and leaseholders
(1) This section applies to a sharefarmer or leaseholder if, immediately before the day on which this section commences (the 2007 commencement day):
(a) the sharefarmer or leaseholder was receiving farm help income support; or
(b) not more than 12 months have lapsed since farm help income support was payable to the sharefarmer or leaseholder; or
(c) the sharefarmer or leaseholder was receiving a grant under the Farm Help Advice and Training Scheme 1997.
(2) Despite the amendments made to this Scheme on the 2007 commencement day, a sharefarmer or leaseholder may apply for a re‑establishment grant.
(3) Subject to section 4.7, the qualification of a sharefarmer or leaseholder for re‑establishment grant must be decided in accordance with this Scheme as amended on the commencement day.
4.7 Transitional — certain applications before 1 July 2008
(1) This section applies to a person (including a sharefarmer or leaseholder) if:
(a) immediately before the day on which this section commences:
(i) the person was receiving farm help income support; or
(ii) not more than 12 months have lapsed since farm help income support was payable to the person; or
(iii) the person was receiving a grant under the Farm Help Advice and Training Scheme 1997; and
(b) before 1 July 2008, the person:
(i) completes the sale of his or her farm enterprise; and
(ii) asks the Secretary, in accordance with section 3.3, for the grant to be paid; and
(iii) fails to satisfy subsection 2.1 (4) or (5).
(2) Despite any other provision of this Scheme, in deciding whether a person is qualified for a re‑establishment grant, the following modifications apply:
(a) if the person fails to satisfy subsection 2.1 (4), the period mentioned in that subsection must be read as 2 years (instead of 5 years);
(b) if the person fails to satisfy subsection 2.1 (5), the amount mentioned in that subsection must be read as $50 000 (instead of $75 000).
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