Farm Household Support Act 1992 (Cth)
This is a compilation of the
This compilation was prepared on 30 August 2013.
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
(a) the provision of income support and advice to farmers who may not have a long‑term productive, sustainable and profitable future in the sector; and (b) the provision of financial incentives to farmers to leave farming; and (c) the provision of relief payments to farmers who are in exceptional circumstances and to certain small business operators.
This Act may be cited as the
Farm Household Support Act 1992 .
(1) Subject to this section, this Act commences on 20 March 1993.
(2) If this Act receives the Royal Assent after 20 March 1993, it commences on the day on which it receives the Royal Assent.
(1) In this Act, unless the contrary intention appears, the following definitions have the same meaning as in the
Social Security Act 1991 :
armed services widow
armed services widower
asset
Australian resident
austudy payment
bank
combined couple rate of pension supplement
Commonwealth funded employment program
illness separated couple
job search allowance
maximum basic rate
member of a couple
newstart allowance
officer
partial capacity to work
partner
partner allowance
partnered
partnered (partner in gaol)
Pension Rate Calculator A
prescribed educational scheme
RAS authority
respite care couple
service pension
social security benefit
social security pension
youth allowance .
(2) In this Act, unless the contrary intention appears:
ABN (short for Australian Business Number) has the meaning given by section 41 of theA New Tax System (Australian Business Number) Act 1999 .
activity plan has the meaning given by subsection 8B(3).
advance qualification day means:
(a) for a person qualifying for a clean energy advance because of a determination made under subsection 8G(1) or 8H(1)—the day that determination is made; or
(b) for a person qualifying for a clean energy advance because of a determination made under subsection 8G(2)—the day specified in that determination because of subsection 8G(3); or
(c) for a person qualifying for a clean energy advance because of a determination made under subsection 8H(2) or (3)—the day specified in that determination because of subsection 8H(4).
advice on financial outlook has the meaning given by subsection 8B(2).
applicable rate has the meaning given by section 24.
certificate of inability to obtain finance has the meaning given by section 4.
Chief Executive Centrelink has the same meaning as in theHuman Services (Centrelink) Act 1997 .
clean energy advance means an advance described in section 8G, 8H or 24F.
clean energy advance daily rate has the meaning given by section 24D.
clean energy advance period means:
(a) for a person qualifying under section 8G for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013; or
(b) for a person qualifying under subsection 8H(1) or (2) for a clean energy advance—the period starting on 1 July 2012 and ending on 30 June 2013; or
(c) for a person qualifying under subsection 8H(3) for a clean energy advance—the period starting on 1 July 2013 and ending on 31 December 2013.
dairy exit payment means a payment under the DEP scheme.
dairy‑type grant means a re‑establishment grant designated under the farm help re‑establishment grant scheme as a dairy‑type grant.
decision has the same meaning as in theAdministrative Appeals Tribunal Act 1975 .
DEP scheme means the scheme referred to in section 52C.
exempt assets means:
(a) if a person is a farmer:
(i) any right or interest of the person in the land used for the purposes of the farm enterprise in relation to which the person is a farmer; and
(ii) any farm plant and machinery, farm livestock or other asset essential for the effective running of the farm enterprise; and
(iii) any rights of the person under an insurance policy in relation to the person’s life or under a superannuation scheme; and
(b) if a person carries on a small business:
(i) any right or interest of the person in land used for the purposes of the business; and
(ii) any plant and machinery, stock or other asset essential for the effective running of the business; and
(iii) any rights of the person under an insurance policy in relation to the person’s life or under a superannuation scheme.
exempt livestock proceeds means proceeds of a forced disposal of farm livestock by a person at a time when an exceptional circumstances certificate referred to in section 8A applies to the person, or during a period in respect of which farm help income support is payable to the person, to the extent to which the proceeds are invested in:
(a) a deposit under the
Loan (Income Equalization Deposits) Act 1976 ; or(aa) a farm management deposit (within the meaning of the
Income Tax Assessment Act 1997 ); or(b) a deposit with a term of at least 3 months with a bank or other institution that receives money on deposit.
farm enterprise means an enterprise carried on within any of the agricultural, horticultural, pastoral, apicultural or aquacultural industries.
farmer means a person who has a right or interest in the land used for the purposes of a farm enterprise.
farm help advice and training scheme means the scheme referred to in section 52B.
farm help re‑establishment grant scheme means the scheme referred to in section 52A.
farm help scheme payment commencement day is the day on which item 2 of Schedule 1 to theFarm Household Support Amendment Act 2000 commenced.
farm help scheme payments means payments of the following kinds:
(a) payments of farm help income support;
(b) payments of re‑establishment grants;
(c) payments of farm help advice and training grants.
finance institution means:
(a) a bank; or
(b) any other prescribed institution, being an institution that makes finance available to farmers.
former RAS (Part C) beneficiary means a person who:
(a) immediately before the commencement of this Act was receiving Part C assistance by way of loans under a RAS scheme; and
(b) is, and has continuously been from the commencement of this Act, receiving farm household support.
Human Services Department means the Department administered by the Human Services Minister.
Human Services Minister means the Minister administering theHuman Services (Centrelink) Act 1997 .
industry services body has the same meaning as in theDairy Produce Act 1986 .
liquid assets , in relation to a person, has the same meaning as in section 198N of theSocial Security Act 1991 .Note: The expression is defined for the purposes of that section in section 19B of that Act.
maximum fortnightly rate , in relation to a person, means the rate determined by the Secretary under Division 1 of Part 4 to be the maximum fortnightly rate at which farm household support may be paid to the person.
number of advance days has the meaning given by section 24E.
off‑farm salary and wages has the meaning given by subsection 24A(7).
pension age has the same meaning as in theSocial Security Act 1991 (otherwise than when used in Part 3.14A or 3.14B of that Act in relation to a person who is a veteran (within the meaning of theVeterans’ Entitlements Act 1986 )).
RAS scheme means a scheme of assistance established and operated by a State or Territory under the agreement between the Commonwealth and that State or Territory executed on behalf of the Commonwealth under section 4 of theStates Grants (Rural Adjustment) Act 1988 .
re‑establishment grant means a grant under the farm help re‑establishment grant scheme.
sale of a farm enterprise means a transaction as a result of which the rights or interests of a person in:
(a) a farm enterprise; and
(b) the land used for the purposes of the farm enterprise;
are transferred to another person.
Secretary means the Secretary of the Department.
severe financial hardship has the meaning given in section 5.
small business means a business with less than 100 employees.Note: Subsection (3) sets out how this is to be worked out where there are part‑time employees.
youth allowance age has the same meaning as in Part 2.11 of theSocial Security Act 1991 .
youth disability supplement has the same meaning as in Module D of the Youth Allowance Rate Calculator in theSocial Security Act 1991 .
youth training allowance means a youth training allowance under Part 8 of theStudent and Youth Assistance Act 1973 as in force before 1 July 1998.
(3) In counting employees for the purposes of the definition of
small business in subsection (2), take part‑time employees into account as an appropriate fraction of a full‑time equivalent.
(1) A certificate of inability to obtain finance is a certificate, in a form approved by the Secretary, provided to the Secretary by a finance institution that is a primary lender in respect of a farmer and stating that:
(a) the farmer has applied to the institution for a loan; and
(b) the institution does not propose to make any loan to the farmer because of the farmer’s financial situation.
(2) A certificate in respect of a farmer has effect for 13 months from the day on which it was issued.
(3) However, a certificate in respect of a farmer ceases to have effect if:
(a) the farmer does not lodge such a claim within a month after the day the certificate is issued; or
(b) a finance institution makes a loan available to the farmer; or
(c) if the farmer is receiving farm help income support—farm help income support ceases to be payable to the farmer.
(4) In this section:
primary lender , in relation to a farmer, means:
(a) if the farmer does not owe a debt to a finance institution—any finance institution; or
(b) if the farmer owes a debt to only one finance institution—that institution; or
(c) if the farmer owes a debt to 2 or more finance institutions—the institution to which the greatest debt is owed.
For the purposes of this Act, a person is in
severe financial hardship at a particular time if the total value of the liquid assets of the person and the person’s partner (if any) at that time is less than or equal tothe amount of newstart allowance that would have been payable to the person during the period of 6 weeks immediately preceding that time if, during the whole period:
(a) the person was entitled to newstart allowance; and
(b) the person had no other income.
Object of exceptional circumstances relief payment
(1) The object of exceptional circumstances relief payment is:
(a) to provide financial assistance to persons who:
(i) are farmers; and
(ii) are in exceptional circumstances; and
(iii) are experiencing difficulty in meeting living expenses; and
(b) to provide financial assistance to persons who:
(i) carry on a small business, gross income from which has been significantly reduced because of the effect of exceptional circumstances on farm enterprises, or on farmers, farm enterprise workers, or their families; and
(ii) are experiencing difficulty in meeting living expenses.
Object of farm help income support
(2) The object of farm help income support is to provide short term financial assistance to farmers who:
(a) are experiencing difficulty in meeting living expenses; and
(b) are unlikely to obtain a loan from a finance institution;
while they take action to improve their long term financial situation by improving the financial performance of their farm enterprise, finding alternative sources of income or re‑establishing themselves outside farming.
Chapter 2 of the
Criminal Code applies to all offences against this Act.Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
(1) Farm household support is not payable to a person in respect of a day (the
day in question ) unless farm household support is payable to the person in respect of:
(a) the cutoff day; and
(b) each day between the cutoff day and the day in question.
For this purpose,
cutoff day means the day on which this section commenced.Example 1: Farm household support was not payable to a person in respect of the cutoff day. The person can never again become entitled to be paid farm household support for any period after the cutoff day.
Example 2: Farm household support was payable to a person for a continuous period that started before the cutoff day and ended 3 months after the cutoff day. The person can never again become entitled to be paid farm household support for any period later than 3 months after the cutoff day.
(2) This section has effect despite anything else in this Act.
Farm help income support is not payable to a person:
(a) in respect of a claim lodged at a time that is after 30 June 2007, or such later day as is prescribed; or
(b) in respect of any period that is after 30 June 2008, or such later day as is prescribed.
(1) Exceptional circumstances relief payment is not payable to a person who qualifies for the payment under subsection 8A(5) in respect of any period that is after 30 June 2008, or such later day as is prescribed.
(2) Exceptional circumstances relief payment is not payable to a person who qualifies for the payment under subsection 8A(7) in respect of any period that is after 30 June 2009, or such later day as is prescribed.
Subject to this Division, a person is qualified for farm household support in respect of a period if, throughout the period:
(a) the person:
(i) is a farmer; and
(iii) is an Australian resident; and
(iv) is in Australia; and
(b) a certificate of inability to obtain finance issued in respect of the person has effect.
(1) A person is not qualified, or ceases to be qualified, for farm household support if the person has received farm household support during a period of 2 years or during periods that add up to 2 years.
(2) If:
(a) farm household support becomes payable, or is payable, to a person; and
(b) during a period beginning on or after the commencement of this Act and not earlier than 12 months before the day on which farm household support becomes or became payable to the person, the person, or the person’s partner (if any) at that time, was paid youth training allowance, job search allowance, newstart allowance, partner allowance, youth allowance or austudy payment;
that period is taken, for the purposes of subsection (1), to be a period during which the person received farm household support.
(3) If farm household support becomes payable, or is payable, to a person who has been, at any time, in receipt of Part C assistance by way of loans under a RAS scheme, any period during which the person received Part C assistance by way of loans under the RAS scheme is taken, for the purposes of subsection (1), to be a period during which the person received farm household support.
Qualification —farmers
(1) A person is qualified for exceptional circumstances relief payment in respect of a period if:
(a) the period begins on or after 1 October 1994; and
(b) throughout the period:
(i) the person:
(A) is a farmer; and
(B) contributes a significant part of his or her labour and capital to the farm enterprise; and
(C) derives a significant part of his or her income from the farm enterprise; and
(E) is an Australian resident; and
(ii) an exceptional circumstances certificate issued in respect of the person has effect.
Certificate
(2) For the purposes of this section, an
exceptional circumstances certificate issued in respect of the person is a certificate that:
(a) is called an exceptional circumstances certificate; and
(b) was issued, for a specified period, to the person by the Secretary; and
(c) relates to the farm enterprise, or any of the farm enterprises, in respect of which the person is a farmer.
Period of effect of certificate
(3) A certificate only has effect for the period specified in it.
(4) An exceptional circumstances certificate is not a legislative instrument.
Qualification—small business operators supplying farm enterprises
(5) A person is qualified for exceptional circumstances relief payment in respect of a period beginning on or after 7 November 2006 (the
relevant period ) if:
(a) the person is an individual; and
(b) throughout the relevant period:
(i) the person carries on a small business in respect of which there is an ABN; and
(ii) the person has a right or interest in the small business; and
(iii) the person contributes a significant part of his or her labour and capital to the business; and
(iv) the person derives a significant part of his or her income from the business; and
(v) the person is an Australian resident; and
(c) during an earlier period of normal turnover, 70% or more of the gross income of the business was derived from the supply of goods or services to farmers for use in relation to farm enterprises; and
(d) the farm enterprises were situated wholly or partly within an area that, throughout the relevant period, is covered by a declaration of exceptional circumstances (as referred to in paragraph 8(c) of the
Rural Adjustment Act 1992 ); and(e) the gross income of the business has been significantly reduced because of the effect of the exceptional circumstances in relation to which the declaration was made on farm enterprises in that area.
Earlier period of normal turnover
(6) An earlier period of normal turnover is:
(a) a continuous period of 2 years within the 7 years immediately preceding the relevant period; or
(b) if the business has not been carried on for a continuous period of 2 years within the 7 years immediately preceding the relevant period—the period during which the business has been carried on.
Qualification—small business operators supplying farmers, farm enterprise workers, or their families
(7) A person is qualified for exceptional circumstances relief payment in respect of a period beginning on or after 25 September 2007 (the
relevant period ) if:
(a) the person is an individual; and
(b) throughout the relevant period:
(i) the person carries on a small business in respect of which there is an ABN; and
(ii) the person has a right or interest in the small business; and
(iii) the person contributes a significant part of his or her labour and capital to the business; and
(iv) the person derives a significant part of his or her income from the business; and
(v) the person is an Australian resident; and
(c) the business is situated wholly or partly within a town or locality that, throughout the relevant period, is covered by a determination made by the Minister under this paragraph; and
(d) the town or locality is situated wholly or partly within an area that, throughout the relevant period, is covered by a declaration of exceptional circumstances (as referred to in paragraph 8(c) of the
Rural Adjustment Act 1992 ); and(e) the gross income of the business has been significantly reduced because of the effect of the exceptional circumstances in relation to which the declaration was made on farmers, farm enterprise workers, or their families.
Minister’s determination
(8) The Minister must not make a determination under paragraph (7)(c) in relation to a town or locality unless the Minister is satisfied that:
(a) the population of the town or locality is 10,000 or less; and
(b) the town or locality is substantially reliant on income derived from the supply of goods or services to farm enterprises, or to farmers, farm enterprise workers, or their families.
(9) A determination made by the Minister under paragraph (7)(c) is not a legislative instrument.
(1) Subject to this Division, a person is qualified for farm help income support in respect of a period if:
(a) the period begins on or after the farm help scheme payment commencement day; and
(b) throughout the period, the person:
(i) is a farmer; and
(ii) is at least 18; and
(iii) is an Australian resident; and
(iv) is in Australia; and
(c) for a continuous period (the
qualifying period ) of at least 2 years immediately before the period, the person:
(i) has been a farmer; and
(ii) has derived more than 50% of his or her gross income from the farm enterprise; and
(iii) has contributed more than 50% of his or her capital to the farm enterprise; and
(iv) has spent more than 50% of his or her working hours in work on the farm enterprise; and
(d) the person has obtained either of the following:
(i) advice from a prescribed adviser that there is no reasonable likelihood, immediately before the period begins, that the person would obtain a loan from a finance institution given the person’s financial situation;
(ii) a certificate of inability to obtain finance that is in effect for the period; and
(e) the person has obtained advice from a prescribed adviser on whether there is a reasonable likelihood of improving the financial performance of the farm enterprise; and
(f) the person has developed a plan for the period directed towards assisting the person to do one or more of the following:
(i) improve the financial performance of the farm enterprise;
(ii) secure alternative sources of income;
(iii) re‑establish himself or herself outside farming.
(1A) A person is qualified for farm help income support even though the person does not satisfy subparagraph (1)(c)(ii), if the Secretary determines in writing that the person’s gross income from the farm enterprise during the qualifying period 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.
(2) Advice of the kind mentioned in subparagraph (1)(d)(i) and paragraph (1)(e) is
advice on financial outlook .(3) A plan of the kind mentioned in paragraph (1)(f) is an
activity plan .
A person is not qualified, or ceases to be qualified, for farm help income support in respect of a period if the Secretary determines that:
(a) the person is not effectively in control of the farm enterprise for which the person claims farm help income support; and
(b) farm help income support should not be payable to the person in respect of the period.
Note: Some examples of cases in which the Secretary may consider that a person is not effectively in control of a farm enterprise are when a mortgagee has taken possession of a farm, when a person is a bankrupt or when an eviction notice has been served on a person in respect of a farm.
(1) A person is not qualified, or ceases to be qualified, for farm help income support if the person has received farm help income support in respect of a period of 1 year, or in respect of periods that add up to 1 year.
(2) If a person’s partner (if any) during a period was paid farm help income support in respect of the period, that period is taken, for the purposes of subsection (1), to be a period during which the person received farm help income support.
(1) A person is not qualified for farm help income support in respect of a particular claim if farm help income support has already been paid to the person in respect of a period of 6 months or more, or periods that add up to 6 months or more, pursuant to an earlier claim, or earlier claims.
(2) If a person’s partner (if any) during a period was paid farm help income support in respect of the period, that period is taken, for the purposes of subsection (1), to be a period in respect of which the person has been paid farm help income support.
(3) A person is not qualified for farm help income support in respect of a particular claim if farm help income support has already been paid to the person pursuant to 2 earlier claims.
(4) If, when a claim is lodged, the person who makes the claim is another person’s partner, farm help income support paid to the person pursuant to the claim is taken, for the purposes of subsection (3), to be farm help income support paid to both the person and the person’s partner pursuant to the claim.
(1) A person is not qualified for farm help income support in respect of a particular claim if:
(a) farm help income support has been paid to the person under an earlier claim; and
(b) that support ceased to be payable because the person, or the person’s partner, received exceptional circumstances relief payment.
(2) A person is not qualified for farm help income support in respect of a particular claim (the
later claim ) if:
(a) at the time the later claim is made, the person has a partner; and
(b) farm help income support has been paid to the partner under an earlier claim made by the partner; and
(c) that support ceased to be payable because the partner, or the person, received exceptional circumstances relief payment.
Qualification for days 14 May 2012 to 30 June 2012
(1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine, in writing, that a person is qualified for a clean energy advance if, on that day:
(a) the person is not of youth allowance age; and
(b) the person receives exceptional circumstances relief payment; and
(c) the person’s rate of payment is greater than nil; and
(d) the person is in Australia.
Qualification for days 1 July 2012 to 19 March 2013
(2) The Secretary may determine, in writing, that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 19 March 2013:
(a) the person is not of youth allowance age; and
(b) the person receives exceptional circumstances relief payment; and
(c) the person’s rate of payment is greater than nil; and
(d) the person is in Australia.
(3) A determination under subsection (2) must specify the first day during the period set out in that subsection for which the person:
(a) satisfies paragraphs (2)(a), (b) and (c); and
(b) is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 6 weeks.
Qualification for days 14 May 2012 to 30 June 2012
(1) The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine, in writing, that a person is qualified for a clean energy advance if, on that day:
(a) the person is of youth allowance age; and
(b) the person receives exceptional circumstances relief payment; and
(c) the person’s rate of payment is greater than nil; and
(d) the person is in Australia.
Qualification for days 1 July 2012 to 30 June 2013
(2) The Secretary may determine, in writing, that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 30 June 2013:
(a) the person is of youth allowance age; and
(b) the person receives exceptional circumstances relief payment; and
(c) the person’s rate of payment is greater than nil; and
(d) the person is in Australia.
Qualification for days 1 July 2013 to 31 December 2013
(3) The Secretary may determine, in writing, that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2013 and ending on 31 December 2013:
(a) the person is of youth allowance age; and
(b) the person receives exceptional circumstances relief payment; and
(c) the person’s rate of payment is greater than nil; and
(d) the person is in Australia.
First day of qualification under subsection (2) or (3)
(4) A determination under subsection (2) or (3) must specify the first day during the period set out in that subsection for which the person:
(a) satisfies paragraphs (a), (b) and (c) of that subsection; and
(b) is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 6 weeks.
(1) A person cannot qualify for more than one clean energy advance under section 8G.
(2) A person can qualify for at most 2 clean energy advances under section 8H:
(a) one under either subsection 8H(1) or (2); and
(b) one under subsection 8H(3).
(3) A person who has qualified for a clean energy advance under subsection 8H(1) cannot qualify for a clean energy advance under subsection 8G(1).
Note 1: Top‑up payments of clean energy advance may be payable under section 24F if the person’s circumstances change during the person’s clean energy advance period.
Note 2: A person who has qualified for a clean energy advance under subsection 8H(1) or (2) can qualify for a clean energy advance under subsection 8G(2).
Note 3: However, a second qualification mentioned in note 2 will only result in a further payment if it satisfies the criteria for a top‑up payment (see subsection 24C(3) and section 24D).
(1) Farm household support is not payable to a person for a period during which the person is qualified for farm household support if during that period:
(aa) exceptional circumstances relief payment is payable to the person (see section 9A); or
(a) no determination by the Secretary that the value of the person’s assets does not exceed the person’s assets value limit has effect (see section 10); or
(b) the person is a full‑time student (see section 11); or
(c) another support payment is being paid to the person (see section 12); or
(d) the person is receiving income that is paid by a community or group from funds provided under a Commonwealth funded employment program (see section 13).
(2) Exceptional circumstances relief payment is not payable to a person for a period during which the person is qualified for exceptional circumstances relief payment if, during that period:
(a) no determination by the Secretary that the value of the person’s assets does not exceed the person’s assets value limit has effect (see section 10); or
(b) the person is a full‑time student (see section 11); or
(c) another support payment is being paid to the person (see section 12); or
(d) the person is receiving income that is paid by a community or group from funds provided under a Commonwealth funded employment program (see section 13).
(3) Farm help income support is not payable to a person for a period during which the person is qualified for farm help income support if, during that period:
(a) farm household support or exceptional circumstances relief payment is payable to the person (see section 9B); or
(b) no determination by the Secretary that the value of the person’s assets does not exceed the person’s asset value limit has effect (see section 10); or
(c) the person is a full‑time student (see section 11); or
(d) another support payment is being paid to the person (see section 12); or
(e) the person is receiving income that is paid by a community or group from funds provided under a Commonwealth fund employment program (see section 13); or
(f) a determination is made (in accordance with provisions of the farm help advice and training scheme) that farm help income support is not payable to the person for the period (see section 13A).
Farm household support is not, and is taken never to have been, payable to a person for a period if the person is receiving, or has received, exceptional circumstances relief payment in respect of that period.
Farm help income support is not, and is taken never to have been, payable to a person for a period if the person is receiving, or has received, farm household support or exceptional circumstances relief payment in respect of that period.
Note: See section 50 for automatic termination of farm help income support where exceptional circumstances relief payment is payable.
(1) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a person during a period unless a determination (
favourable determination ) in writing by the Secretary that the value of the person’s assets does not exceed the person’s assets value limit has effect during that period.(2) The Secretary must determine whether the value of a person’s assets exceeds the person’s assets value limit:
(a) if the person claims farm household support, exceptional circumstances relief payment or farm help income support—at the time when the claim is determined under section 18; and
(b) if the person is receiving farm household support, exceptional circumstances relief payment or farm help income support—within the period of 6 months from the day on which the last favourable determination took effect.
(3) The value of a person’s assets at a particular time is worked out by:
(a) working out the person’s assets at that time that are not exempt assets for the purposes of this Act:
(i) in a case where a person qualifies for exceptional circumstances relief payment under subsection 8A(1) and makes a claim for payment on the basis that the person qualifies under that subsection—because the person is a farmer; and
(ii) in a case where a person qualifies for exceptional circumstances relief payment only under subsection 8A(5) or (7) and makes a claim for payment on the basis that the person qualifies under that subsection—because the person carries on a small business; and
(iii) in a case where a person qualifies for exceptional circumstances relief payment under subsection 8A(5) or (7) and, but for subsubparagraph 8A(1)(b)(i)(C), would also qualify under subsection 8A(1) for the payment—because the person carries on a small business and because the person is a farmer; and
(iv) in any other case—because the person is a farmer; and
(b) working out the value of those assets in accordance with Parts 3.12 and 3.18 of the
Social Security Act 1991 .(4) A person’s assets value limit at a particular time for the purposes of this Act is equal to the amount that would be the person’s assets value limit at that time for the purposes of Part 2.12 of the
Social Security Act 1991 if at that time the person had made a claim for, or was in receipt of, newstart allowance under that Act (see subsection 611(2) and section 612 of theSocial Security Act 1991 ).(5) A favourable determination:
(a) must specify the day (
operative day ) on which it takes effect; and(b) unless sooner revoked, continues to have effect:
(i) if the next determination in respect of the person’s assets takes effect less than 6 months after the operative day—until that determination takes effect; or
(ii) if subparagraph (i) does not apply—at the end of 6 months from the operative day.
(1) Subject to subsection (2), farm household support, exceptional circumstances relief payment or farm help income support is not payable to a person who is enrolled in a full‑time course of education or of vocational training for the period that:
(a) starts when the person starts the course; and
(b) finishes when the person:
(i) completes the course; or
(ii) abandons the course; or
(iii) gives notice to the provider of the course that the person:
(A) wishes to withdraw from the course; or
(B) wishes to withdraw from a number of subjects so that the person’s course will no longer be a full‑time course; and
(c) includes periods of vacation.
(2) Subsection (1) does not prevent farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, from being payable for any period during which the person has deferred a course of education or of vocational training.
(1) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a person if the person is receiving a social security benefit, a social security pension or a service pension.
(1A) If a person is a member of a couple, exceptional circumstances relief payment or farm help income support is not payable to the person for a period if the person’s partner is receiving, or has received, any of the following for that period:
(a) farm household support;
(b) exceptional circumstances relief payment;
(c) farm help income support.
(2) If a person is a member of a couple, farm household support, exceptional circumstances relief payment or farm help income support is not payable to the person if the person’s partner is receiving a newstart allowance, youth allowance or austudy payment.
(3) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a woman if:
(a) the woman is an armed services widow; and
(b) the woman is receiving a pension under Part II or IV of the
Veterans’ Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act;unless:
(c) the woman has been receiving a payment referred to in paragraph (b) continuously since before 1 November 1986; and
(d) before 1 November 1986 the woman was also receiving a social security benefit.
(4) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a man if:
(a) the man is an armed services widower; and
(b) the man is receiving a pension under Part II or IV of the
Veterans’ Entitlements Act 1986 at a rate determined under or by reference to subsection 30(1) of that Act.(4A) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a person if the person is receiving the weekly amount mentioned in paragraph 234(1)(b) of the
Military Rehabilitation and Compensation Act 2004 (including a reduced weekly amount because of a choice under section 236 of that Act) or has received a lump sum mentioned in subsection 236(5) of that Act.(5) Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a person for a period if a payment has been or may be made in respect of the person for that period under:
(a) a prescribed educational scheme other than the ABSTUDY Tertiary Scheme to the extent that it applies to part‑time students; or
(b) the scheme to provide an allowance known as the Maintenance Allowance for Refugees.
(6) If:
(a) a person enrols in a full‑time course of education; and
(b) a payment under a scheme referred to in subsection (5) may be made in respect of the person;
the Secretary may decide that, in spite of subsection (5), farm household support, exceptional circumstances relief payment or farm help income support, as the case requires, is payable to the person for a period before the person starts the course.
(7) Exceptional circumstances relief payment is not payable to a person on the basis that the person qualifies for the payment under subsection 8A(1) if the person is receiving, or has received, the payment on the basis that the person qualifies or qualified for the payment under subsection 8A(5) or (7).
(8) Exceptional circumstances relief payment is not payable to a person on the basis that the person qualifies for the payment under subsection 8A(5) if the person is receiving, or has received, the payment on the basis that the person qualifies or qualified for the payment under subsection 8A(1) or (7).
(9) Exceptional circumstances relief payment is not payable to a person on the basis that the person qualifies for the payment under subsection 8A(7) if the person is receiving, or has received, the payment on the basis that the person qualifies or qualified for the payment under subsection 8A(1) or (5).
Farm household support, exceptional circumstances relief payment or farm help income support is not payable to a person for a period if the person has received, or may receive, income for that period that is paid by a community or group from funds provided under a Commonwealth funded employment program.
(1) The Secretary may direct a person to whom farm help income support is payable to obtain advice as specified in the direction. The direction must be consistent with the guidelines contained in the farm help advice and training scheme (see paragraph 52B(3)(a)).
(2) The Secretary must arrange for the provision of assistance to the person under the farm help advice and training scheme (see paragraph 52B(3)(b)) for the purpose of complying with the direction.
(3) If the person does not comply with the direction, the consequences for the continued payability of farm help income support to the person are as determined in accordance with the provisions of the farm help advice and training scheme referred to in paragraph 52B(3)(c).
(1) A person who wants to be granted farm household support, exceptional circumstances relief payment or farm help income support must make a proper claim for that support or for that payment, as the case requires.
Note: A claim is not required for a clean energy advance.
(2) For the purposes of subsection (1), where:
(a) a claim for farm household support, exceptional circumstances relief payment or farm help income support is made by or on behalf of a person; and
(b) at the time the claim is made, the claim cannot be granted because the person is not qualified for that support or payment;
the claim is taken not to have been made.
To be a proper claim, a claim must:
(a) be made in writing; and
(b) be in accordance with a form approved in writing by the Secretary.
(1) To be a proper claim, a claim must be lodged:
(a) at an office of the Department; or
(b) at a place approved for the purpose by the Secretary; or
(c) with a person approved for the purpose by the Secretary.
(2) A place or person approved under subsection (1) must be a place or person in Australia.
A claim by a person is not a proper claim unless the person is:
(a) an Australian resident; and
(b) in Australia;
on the day on which the claim is lodged.
The Secretary must, in accordance with this Act, determine the claim.
(1) The Secretary is to determine that the claim is to be granted if the claim is for farm household support and the Secretary is satisfied that:
(a) the person is qualified for farm household support; and
(b) no provision of this Act makes the support not payable to the person.
(2) The Secretary is to determine that the claim is to be granted if the claim is for exceptional circumstances relief payment and the Secretary is satisfied that:
(a) the person is qualified for exceptional circumstances relief payment; and
(b) no provision of this Act makes the payment not payable to the person.
(3) Subject to subsection (4), the Secretary is to determine that the claim is to be granted if the claim is for farm help income support and the Secretary is satisfied that:
(a) the person is qualified for farm help income support; and
(b) no provision of this Act makes the support not payable to the person.
(4) If the Secretary is satisfied that a person who has made a claim for farm help income support would suffer severe financial hardship if the person were required to obtain advice on financial outlook or develop an activity plan before accessing that support, the Secretary may grant the claim even if those things have not been done.
(5) If the Secretary grants the claim in reliance on subsection (4), the Secretary must arrange for the provision of assistance to the person under the farm help advice and training scheme (see paragraphs 52B(3)(d) and (e)) so that the person can obtain advice on financial outlook and develop an activity plan.
Note: If the advice is not obtained and the plan is not developed within 3 months of the claim being granted, farm help income support will cease to be payable under section 51.
(6) If:
(a) a person makes a claim for a farm help advice and training grant; and
(b) the claim contains information relevant to the question whether the person would qualify for farm help income support, or whether farm help income support would be payable; and
(c) within a period of 3 months beginning on the day on which the claim for the farm help advice and training grant is made, the person makes a claim for farm help income support;
the Secretary may rely on that information in determining the claim for farm help income support.
(1) Subject to subsections (2), (3) and (4), a determination under section 19 takes effect:
(a) on the day on which the determination is made; or
(b) if a later day or earlier day is specified in the determination—on that day.
(2) If:
(a) a decision (
previous decision ) is made rejecting a person’s claim for farm household support, exceptional circumstances relief payment or farm help income support; and(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240 of the
Social Security Act 1991 , within 3 months after the notice is given, for review of the previous decision; and(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.
(3) If:
(a) a decision (
previous decision ) is made rejecting a person’s claim for farm household support, exceptional circumstances relief payment or farm help income support; and(b) a notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240 of the
Social Security Act 1991 , more than 3 months after the notice is given, for review of the previous decision; and(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the person sought the review.
(4) If:
(a) a decision (
previous decision ) is made rejecting a person’s claim for farm household support, exceptional circumstances relief payment or farm help income support; and(b) no notice is given to the person advising the person of the making of the previous decision; and
(c) the person applies to the Secretary under section 1240 of the
Social Security Act 1991 for review of the previous decision; and(d) a determination granting the claim is made as a result of the application for review;
the determination takes effect on the day on which the previous decision took effect.
(1) If the Secretary determines that a person’s claim for farm household support is to be granted, the Secretary must, at the same time, determine the maximum fortnightly rate at which farm household support may be paid to the person.
(2) A determination (
maximum rate determination ) by the Secretary of the maximum fortnightly rate at which farm household support may be paid to the person:
(a) must be in writing; and
(b) must specify the day on which it takes effect; and
(c) unless sooner revoked, has effect for a period of 6 months.
(3) Unless the person has ceased to receive farm household support, the Secretary must, before a maximum rate determination in respect of the person ceases to have effect, make a new maximum rate determination in respect of the person that is specified to take effect on the first day after the current determination ceases to have effect.
(4) The Secretary may, at any time, on receiving a written request from the person:
(a) revoke the maximum rate determination that has effect in respect of a person; and
(b) make a new maximum rate determination in respect of the person specifying a higher maximum fortnightly rate;
if the Secretary is satisfied, having regard to the person’s changed circumstances, that a higher maximum fortnightly rate in respect of the person may be determined.
(1) Subject to subsection (2), a person:
(a) who has made a claim for farm household support; or
(b) to whom farm household support is payable;
may, at any time, declare in writing the fortnightly rate at which the person wishes to be paid farm household support.
(2) A person may not declare a rate that is higher than the maximum fortnightly rate in relation to the person.
(3) A declaration by a person under subsection (1) has effect until:
(a) the person revokes the declaration in writing; or
(b) the person makes another declaration under subsection (1); or
(c) the Secretary determines under section 21 a maximum fortnightly rate in relation to the person that is lower than the rate specified in the declaration; or
(d) farm household support ceases to be payable to the person.
The applicable rate in relation to a person is:
(a) if a declaration made by the person under section 23 has effect—the rate specified in the declaration; or
(b) if paragraph (a) does not apply—the maximum fortnightly rate in relation to the person.
(1) The fortnightly rate at which exceptional circumstances relief payment is payable to a person who qualifies for the payment under subsection 8A(1) is the sum of the following rates:
(a) the fortnightly rate at which:
(i) if the person is of youth allowance age—youth allowance would be payable to the person if he or she were entitled to receive youth allowance; or
(ii) if the person is not of youth allowance age—newstart allowance would be payable to the person if he or she were entitled to receive newstart allowance;
(b) if the person is a member of a couple and the partner allowance rate in relation to the person’s partner exceeds the income support payment rate in relation to the person’s partner—the fortnightly rate that is the difference between those rates.
(1A) For the purposes of subsection (1):
income support payment rate , in relation to a person’s partner, means the fortnightly rate at which that partner is receiving one (if any) of the following payments:
(a) social security pension;
(b) a social security benefit (except newstart allowance or youth allowance);
(d) a pension under Part II, III or IV of the
Veterans’ Entitlements Act 1986 .
partner allowance rate , in relation to a person’s partner, means the fortnightly rate at which:
(a) that partner is receiving partner allowance; or
(b) partner allowance would be payable to that partner if that partner were entitled to receive partner allowance.
(2) For the purposes of calculating a rate referred to in this section, the value of assets that are exempt assets for the purposes of this Act because the person is a farmer is to be disregarded.
(3) In calculating a rate referred to in subsection (1), exempt livestock proceeds are to be disregarded.
$20,000 in off‑farm salary and wages disregarded
(4) For the purposes of calculating a rate referred to in subsection (1) for a person, for a fortnight all or part of which falls during the period:
(a) beginning at the start of 1 July 2007; and
(b) ending at the end of 30 June 2009, or, if a later day is prescribed, at the end of that later day (the
closing day );disregard the off‑farm salary and wages of the person, or if the person is a member of a couple, the off‑farm salary and wages of the person and the person’s partner, in the amount worked out under subsections (5) and (6).
(5) Except in a case to which subsection (6) applies, for a fortnight which falls in whole or in part in a particular financial year, disregard the lesser of:
(a) the total amount of off‑farm salary and wages of the person or, if the person is a member of a couple, of the person and the person’s partner, for the fortnight; and
(b) the amount worked out using the following formula:
where:
amount previously disregarded in that financial year means the total amount of off‑farm salary and wages of the person or, if the person is a member of a couple, of the person and the person’s partner, already disregarded in calculating a rate referred to in subsection (1) for the person for fortnights that fall in whole or in part in that financial year, because of a previous application, or previous applications, of this subsection and subsection (4).
number of days remaining in that financial year means the number of days in the period beginning at the start of the fortnight, and ending at the end of 30 June in that financial year.(6) If the closing day is not 30 June, then for a fortnight which falls in whole or in part in the period beginning at the start of the immediately preceding 1 July and ending at the end of the closing day, disregard the lesser of:
(a) the total amount of off‑farm salary and wages of the person or, if the person is a member of a couple, of the person and the person’s partner, for the fortnight; and
(b) the amount worked out using the following formula:
where:
amount previously disregarded in the period means the total amount of off‑farm salary and wages of the person or, if the person is a member of a couple, of the person and the person’s partner, already disregarded in calculating a rate referred to in subsection (1) for the person for fortnights that fall in whole or in part in the period, because of a previous application, or previous applications, of this subsection and subsection (4).
number of days remaining in the period means the number of days in the period beginning at the start of the fortnight, and ending at the end of the closing day.(7) A person’s
off‑farm salary and wages are salary and wages that are not earned from work that is in any way related to a farm enterprise in respect of which the person or, where the person is a member of a couple, the person’s partner, is a farmer.
Farmers hardship bonus disregarded
(8) To avoid doubt, in calculating a rate referred to in subsection (1), any farmers hardship bonus under the
Social Security Act 1991 is to be disregarded.
Income support bonus disregarded
(8A) To avoid doubt, in calculating a rate referred to in subsection (1), any income support bonus under the
Social Security Act 1991 is to be disregarded.
Certain superannuation contributions disregarded
(9) For the purposes of calculating a rate referred to in subsection (1) for a person who has not reached pension age, disregard contributions made by the person’s employer to a superannuation fund or RSA for the person’s benefit, other than contributions made by a company or trust if the person is:
(a) an attributable stakeholder of the company or trust; or
(b) an associate under paragraph 1207C(1)(e), (h), (i) or (j) of the
Social Security Act 1991 of a person who is an attributable stakeholder of the company or trust.Note: Those paragraphs of the
Social Security Act 1991 cover a relative, a business partner, a spouse or child of a business partner and a trustee of a trust (where the person concerned can benefit from the trust).(10) In subsection (9):
attributable stakeholder of a company or trust has the meaning given by section 1207X of theSocial Security Act 1991 .
pension age has the meaning given by section 23 of theSocial Security Act 1991 .
RSA has the meaning given by theRetirement Savings Accounts Act 1997 .
superannuation fund has the meaning given by section 10 of theSuperannuation Industry (Supervision) Act 1993 .
(1) The fortnightly rate at which exceptional circumstances relief payment is payable to a person who qualifies for the payment under subsection 8A(5) or (7) is the sum of the following rates:
(a) the fortnightly rate at which:
(i) if the person is of youth allowance age—youth allowance would be payable to the person if he or she were entitled to receive youth allowance; or
(ii) if the person is not of youth allowance age—newstart allowance would be payable to the person if he or she were entitled to receive newstart allowance;
(b) if the person is a member of a couple and the partner allowance rate in relation to the person’s partner exceeds the income support payment rate in relation to the person’s partner—the fortnightly rate that is the difference between those rates.
(2) For the purposes of subsection (1):
income support payment rate , in relation to a person’s partner, means the fortnightly rate at which that partner is receiving one (if any) of the following payments:
(a) social security pension;
(b) a social security benefit (except newstart allowance or youth allowance);
(c) a pension under Part II, III or IV of the
Veterans’ Entitlements Act 1986 .
partner allowance rate , in relation to a person’s partner, means the fortnightly rate at which:
(a) that partner is receiving partner allowance; or
(b) partner allowance would be payable to that partner if that partner were entitled to receive partner allowance.
(3) For the purposes of calculating a rate referred to in this section, the value of assets that are exempt assets for the purposes of this Act because the person carries on a small business is to be disregarded.
(4) If, but for subsubparagraph 8A(1)(b)(i)(C), the person would also qualify for exceptional circumstances relief payment under subsection 8A(1), then, for the purposes of calculating a rate referred to in this section, the value of assets that are exempt assets for the purposes of this Act because the person is a farmer is also to be disregarded.
$20,000 in salary and wages from other sources disregarded—whole financial years
(5) For the purposes of calculating a rate referred to in subsection (1) for a person, for a fortnight all or part of which falls during:
(b) the 2007‑08 financial year; or
(ba) the 2008‑09 financial year; or
(c) if 30 June in a later year is prescribed as the closing day for the purposes of this section, a later financial year that ends at the end of that closing day;
disregard the salary and wages of the person from other sources or, if the person is a member of a couple, the salary and wages of the person and the person’s partner from other sources, in the amount worked out under subsection (6).
(6) Disregard the lesser of:
(a) the total amount of salary and wages of the person from other sources or, if the person is a member of a couple, of the person and the person’s partner from other sources for the fortnight; and
(b) the amount worked out using the following formula:
where:
amount previously disregarded in that financial year means the total amount of salary and wages of the person from other sources or, if the person is a member of a couple, of the person and the person’s partner from other sources already disregarded in calculating a rate referred to in subsection (1) for the person for fortnights that fall in whole or in part in that financial year, because of a previous application, or previous applications, of this subsection and subsection (5).
number of days remaining in that financial year means the number of days in the period beginning at the start of the fortnight, and ending at the end of 30 June in that financial year.
$20,000 in salary and wages from other sources disregarded—part financial years
(7) If a closing day is prescribed for the purposes of this section that is not 30 June, then, for the purposes of calculating a rate referred to in subsection (1) for a person, for a fortnight all or part of which falls during the period:
(a) beginning at the start of the immediately preceding 1 July; and
(b) ending at the end of the closing day;
disregard the salary and wages of the person from other sources or, if the person is a member of a couple, the salary and wages of the person and the person’s partner from other sources, in the amount worked out under subsection (8).
(8) Disregard the lesser of:
(a) the total amount of salary and wages of the person from other sources or, if the person is a member of a couple, of the person and the person’s partner from other sources for the fortnight; and
(b) the amount worked out using the following formula:
where:
amount previously disregarded in the period means the total amount of salary and wages of the person from other sources or, if the person is a member of a couple, of the person and the person’s partner from other sources already disregarded in calculating a rate referred to in subsection (1) for the person for fortnights that fall in whole or in part in the period, because of a previous application, or previous applications, of this subsection and subsection (7).
number of days remaining in the period means the number of days in the period beginning at the start of the fortnight, and ending at the end of the closing day.(9) A person’s
salary and wages from other sources are salary and wages that are not earned from work that is in any way related to the small business carried on by the person or, where the person is a member of a couple, the person’s partner.
Farmers hardship bonus disregarded
(10) To avoid doubt, in calculating a rate referred to in subsection (1), any farmers hardship bonus under the
Social Security Act 1991 is to be disregarded.
Income support bonus disregarded
(10A) To avoid doubt, in calculating a rate referred to in subsection (1), any income support bonus under the
Social Security Act 1991 is to be disregarded.
Certain superannuation contributions disregarded
(11) For the purposes of calculating a rate referred to in subsection (1) for a person who has not reached pension age (within the meaning of section 23 of the
Social Security Act 1991 ), disregard contributions that are disregarded under subsection 24A(9).
(1) The fortnightly rate at which farm help income support is payable to a person is the sum of:
(a) the fortnightly rate at which:
(i) if the person is of youth allowance age—youth allowance would be payable to the person if he or she were entitled to receive youth allowance; or
(ii) if the person is not of youth allowance age—newstart allowance would be payable to the person if he or she were entitled to receive newstart allowance; and
(b) if the person is a member of a couple and the partner allowance rate in relation to the person’s partner exceeds the income support payment rate in relation to the person’s partner—the fortnightly rate that is the difference between those rates.
(2) For the purposes of subsection (1):
income support payment rate , in relation to a person’s partner, means the fortnightly rate at which that partner is receiving one (if any) of the following payments:
(a) social security pension;
(b) a social security benefit (except newstart allowance or youth allowance);
(d) a pension under Part II, III or IV of the
Veterans’ Entitlements Act 1986 .
partner allowance rate , in relation to a person’s partner, means the fortnightly rate at which:
(a) that partner is receiving partner allowance; or
(b) partner allowance would be payable to that partner if that partner were entitled to receive partner allowance.
(3) In calculating a rate referred to in this section, the value of assets that are exempt assets for the purposes of this Act because the person is a farmer is to be disregarded.
(4) In calculating a rate referred to in this section, exempt livestock proceeds are to be disregarded.
(5) To avoid doubt, in calculating a rate referred to in this section, any farmers hardship bonus under the
Social Security Act 1991 is to be disregarded.(6) To avoid doubt, in calculating a rate referred to in this section, any income support bonus under the
Social Security Act 1991 is to be disregarded.
(1) On the day (the
decision day ) that the Secretary determines that a person (therecipient ) is qualified for a clean energy advance, the Secretary must work out the amount of the advance.Note: The advance will be paid in a lump sum as soon as is reasonably practicable (see subsection 25(4) and section 26C).
(2) The amount of the advance is the result of the following formula rounded up to the nearest multiple of $10:
(3) However, no amount is payable under this section for the qualification if:
(a) the qualification is under section 8G; and
(b) a clean energy advance has already been paid to the recipient for a qualification under section 8H.
Note: The qualification under section 8G may result in a top‑up payment under section 24F.
Recipient has reached pension age
(1) If the recipient reaches pension age on or before the decision day, the recipient’s
clean energy advance daily rate is worked out by:
(a) working out 1.7% of the total of:
(i) double the maximum basic rate under Pension Rate Calculator A, worked out for 1 July 2012 for a person who is partnered; and
(ii) the combined couple rate of pension supplement for 1 July 2012; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of $5.20 (rounding up if that result is not a multiple of $5.20 but is a multiple of $2.60); and
(c) adding $5.20 to the result of paragraph (b); and
(d) applying the applicable percentage in the following table to the result of paragraph (c); and
(e) dividing the result of paragraph (d) by 364.
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Recipient under pension age but not of youth allowance age
(2) If the recipient is not covered by subsection (1) and is not of youth allowance age on the advance qualification day, the recipient’s
clean energy advance daily rate is worked out by:
(a) working out 1.7% of the maximum basic rate for newstart allowance, worked out:
(i) for 1 July 2012; and
(ii) for a person in circumstances the same as the recipient’s on the advance qualification day; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and
(c) adding 20 cents to the result of paragraph (b); and
(d) dividing the result of paragraph (c) by 14.
Recipient under 21 with a partial capacity to work
(3) If, on the advance qualification day, the recipient is under 21 and has a partial capacity to work, the recipient’s
clean energy advance daily rate is worked out by:
(a) working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, for youth allowance, worked out:
(i) for the first day of the recipient’s clean energy advance period; and
(ii) for a person in circumstances the same as the recipient’s on the advance qualification day; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and
(c) adding 20 cents to the result of paragraph (b); and
(d) dividing the result of paragraph (c) by 14.
Other recipients of youth allowance age
(4) If, on the advance qualification day, the recipient is of youth allowance age and not covered by subsection (3), the recipient’s
clean energy advance daily rate is worked out by:
(a) working out 1.7% of the maximum basic rate for youth allowance, worked out:
(i) for the first day of the recipient’s clean energy advance period; and
(ii) for a person in circumstances the same as the recipient’s on the advance qualification day; and
(b) rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and
(c) adding 20 cents to the result of paragraph (b); and
(d) dividing the result of paragraph (c) by 14.
The recipient’s
number of advance days is the number of days in the recipient’s clean energy advance period that are on or after:
(a) if the recipient qualifies for the clean energy advance before 1 July 2012—1 July 2012; or
(b) otherwise—the advance qualification day.
Work out adjusted amount if circumstances change
(1) If:
(a) the Secretary pays a clean energy advance (the
original payment ) to the recipient; and(b) the recipient’s circumstances change on a day (the
change day ) before the end of the recipient’s clean energy advance period;work out an amount under subsection (3). However, if this section has previously applied to the recipient, work out an amount under subsection (4).
When a top‑up is payable
(2) If the total of:
(a) the original payment; and
(b) any previous payments under this subsection;
falls short of the amount worked out under subsection (3) or (4) (as applicable), the recipient is qualified for a further payment of clean energy advance equal to the amount of the shortfall.
Note: The advance will be paid in a lump sum as soon as is reasonably practicable (see subsection 25(4) and section 26C).
Adjusted amount for the earliest change day
(3) For the purposes of subsection (1), round up to the nearest multiple of $10 the result of the formula:
where:
first pro‑rata amount means the amount that would be the result of the formula set out in subsection 24C(2) if:
(a) the advance qualification day were the change day; and
(b) if the change day is specified in a determination, for the recipient, under subsection 8G(2) because of subsection 8G(3):
(i) the recipient’s clean energy advance period were worked out by reference to the qualification resulting from that determination; and
(ii) the reference in subsection 24D(1) to the decision day were a reference to the change day.
Note: Paragraph (b) only applies if the recipient qualifies a second time for a clean energy advance, this time under section 8G (whereas the recipient qualified for the original payment under section 8H).
original pro‑rata amount means the amount that would be the result of the formula set out in subsection 24C(2) if the recipient’s number of advance days did not include days on or after the change day.Note: The formula set out in subsection 24C(2) does not include the rounding mentioned in that subsection.
Adjusted amount for later change days
(4) For the purposes of subsection (1), round up to the nearest multiple of $10 the sum of the following:
(a) the original pro‑rata amount worked out under subsection (3) for the earliest change day;
(b) the first pro‑rata amount worked out under subsection (3) for the earliest change day but as if the number of advance days did not include days on or after the next change day;
(c) the amount for each change day later than the earliest worked out in a way corresponding to the way the first pro‑rata amount was worked out under paragraph (b) for the earliest change day.
(1) Farm household support becomes payable to a person on the day on which the Secretary’s determination that the person’s claim for farm household support is to be granted takes effect (see section 20).
(2) Exceptional circumstances relief payment becomes payable to a person on the day on which the Secretary’s determination that the person’s claim for exceptional circumstances relief payment is to be granted takes effect (see section 20).
(3) Farm help income support becomes payable to a person on the day on which the Secretary’s determination that the person’s claim for farm help income support is to be granted takes effect (see section 20).
(4) Clean energy advance becomes payable to a person qualified for the advance on the day the Secretary considers to be the earliest day on which it is reasonably practicable for the advance to be made. However, the Secretary must not pay the advance if the Secretary is aware that the person has died.
Note: This subsection applies to a qualification under section 8G, 8H or 24F.
Farm household support is paid to a person by way of grant of financial assistance to the person.
Exceptional circumstances relief payment is paid to a person by way of grant of financial assistance to the person.
Farm help income support is paid to a person by way of grant of financial assistance to the person.
Clean energy advance is paid to a person in a single lump sum in such manner as the Secretary considers appropriate.
Note: An amount of clean energy advance may be reduced for the purpose of recovering a debt under section 56 of this Act (see section 1231A of the
Social Security Act 1991 ).
Farm household support is payable to a person at the applicable rate in relation to the person.
(1) Farm household support, exceptional circumstances relief payment or farm help income support is to be paid by instalments for periods determined by the Secretary.
(2) The instalments are to be paid at the times determined by the Secretary.
The instalment of farm household support payable for a period to a person is:
Note: for the person’s applicable rate see section 24.
The instalment of exceptional circumstances relief payment payable for a period to a person is worked out using the formula:
Note 1: For the person’s rate, see section 24A.
Note 2: An instalment of exceptional circumstances relief payment may be reduced for the purpose of the recovery of a debt under section 56 of this Act (see section 1231A of the
Social Security Act 1991 ).
The instalment of farm help income support payable for a period to a person is worked out using the formula:
Note 1: For the person’s rate, see section 24B.
Note 2: An instalment of farm help income support may be reduced for the purpose of the recovery of a debt under section 56 of this Act (see section 1231A of the
Social Security Act 1991 ).
(1) If the amount of an instalment is:
(a) a number of whole dollars and a part of a cent; or
(b) a number of whole dollars and cents and a part of a cent;
the amount is, subject to subsection (2), to be increased or decreased to the nearest whole cent.
(2) If the amount of an instalment is:
(a) a number of whole dollars and 0.5 cent; or
(b) a number of whole dollars and cents and 0.5 cent;
the amount is to be increased by 0.5 cent.
(1) Subject to subsection (3), instalments of a person’s farm household support, exceptional circumstances relief payment or farm help income support are to be paid to that person.
(2) The Secretary may direct that the whole or part of any of those instalments is to be paid to someone else on behalf of the person.
(3) If the Secretary makes a direction under subsection (2), the instalments are to be paid in accordance with the direction.
(1) An amount that is to be paid to a person under section 31 is to be paid at the intervals that the Secretary specifies.
(2) The person to whom an amount is payable may direct that it be paid to the credit of a nominated bank account maintained by that person (either alone or jointly with another person).
(3) If the person has not given a direction under subsection (2), the Secretary may direct that the whole or a part of the amount be paid to the person in a way different to those provided for in that subsection.
(4) If the person gives a direction under subsection (2), or the Secretary gives a direction under subsection (3), the amount is to be paid in accordance with the direction.
If the Secretary is satisfied that an instalment of farm household support, exceptional circumstances relief payment or farm help income support that would normally be paid on a particular day cannot reasonably be paid on that day (because, for example, it is a public holiday or a bank holiday), the Secretary may direct that the amount be paid on an earlier day.
(1) A person who, immediately before the commencement of this Act, was receiving Part C assistance by way of loans under a RAS scheme is, on the commencement of this Act, entitled to receive farm household support without making a claim under Part 3.
(2) Farm household support is then payable to the person at the rate, and for the period set out, in Division 2 of this Part.
(3) If a former RAS (Part C) beneficiary so wishes, he or she may, at any time before farm household support ceases to be payable to him or her, make a claim for farm household support under Part 3.
(4) If a former RAS (Part C) beneficiary makes such a claim, he or she is subject to all the provisions of this Act regarding qualification for, and payability of, farm household support (Part 2).
(5) If the Secretary determines that the claim is to be granted, farm household support is payable to the former RAS (Part C) beneficiary under Part 5.
This Division applies to a former RAS (Part C) beneficiary unless:
(a) he or she has made a claim for farm household support under Part 3; and
(b) the Secretary has determined under section 19 that the claim is to be granted.
A former RAS (Part C) beneficiary is qualified for farm household support in respect of a period equal to 2 years less the period during which he or she received Part C assistance by way of loans under the RAS scheme applicable to him or her immediately before the commencement of this Act.
Parts 2, 3 and 4 and sections 25 and 29, to the extent to which those Parts and sections deal with qualification for, or payments of, farm household support, do not apply to a RAS (Part C) beneficiary.
Farm household support becomes payable to a former RAS (Part C) beneficiary on the day on which this Act commences.
(1) The instalment of farm household support payable to a former RAS (Part C) beneficiary for a period determined under section 28 is:
Exceptional circumstances relief payment and clean energy advance are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.
(4) Farm help scheme payments (other than dairy‑type grants) are to be made out of money appropriated by the Parliament for the purpose of such payments.
(5) Dairy exit payments and dairy‑type grants are to be made out of the Dairy Structural Adjustment Fund.
(1) This section applies if a RAS authority incurs costs (whether before or after the commencement of this section) in connection with the issue of drought exceptional circumstances certificates.
(2) The Secretary may authorise payments to the RAS authority by way of reimbursement of those costs.
(3) A payment under this section is to be made out of money appropriated by the Parliament for the purposes of this section.
(4) In this section:
drought exceptional circumstances certificate has the same meaning as in section 8A.
(1) The Governor‑General may make regulations prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary and convenient to be prescribed for carrying out or giving effect to this Act.
(2) A regulation may create an offence punishable by a penalty not exceeding $500.
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
ad = added or inserted | pres = present |
am = amended | prev = previous |
c = clause(s) | (prev) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expired or ceased to have effect | rep = repealed |
hdg = heading(s) | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s) |
LIA = | Sch = Schedule(s) |
mod = modified/modification | Sdiv = Subdivision(s) |
No = Number(s) | SLI = Select Legislative Instrument |
o = order(s) | SR = Statutory Rules |
Ord = Ordinance | Sub‑Ch = Sub‑Chapter(s) |
orig = original | SubPt = Subpart(s) |
par = paragraph(s)/subparagraph(s) | |
/sub‑subparagraph(s) |
Farm Household Support Act 1992 | 241, 1992 | 24 Dec 1992 | 20 Mar 1993 | |
Social Security Legislation Amendment Act (No. 2) 1994 | 109, 1994 | 12 July 1994 | Part 5 (ss. 58–63):
20 Sept 1994 | — |
Drought Relief Payment Act 1994 | 125, 1994 | 18 Oct 1994 | 18 Oct 1994 | s. 3 (items 79–83) |
Primary Industries and Energy Legislation Amendment Act (No. 2) 1994 | 129, 1994 | 21 Oct 1994 | s. 3: | — |
Veterans’ Affairs (1994‑95 Budget Measures) Legislation Amendment Act (No. 2) 1994 | 164, 1994 | 16 Dec 1994 | Part 4 (s. 60):
Royal Assent | — |
Student Assistance (Youth Training Allowance—Transitional Provisions and Consequential Amendments) Act 1994 | 184, 1994 | 23 Dec 1994 | 1 Jan 1995 | ss. 3–8 |
Primary Industries and Energy Legislation Amendment Act (No. 1) 1995 | 36, 1995 | 12 Apr 1995 | Schedule (items 20–23):
Royal Assent | Sch. (item 23) |
Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995 | 143, 1995 | 12 Dec 1995 | Schedule 25: Royal
Assent | — |
Social Security and Veterans’ Affairs Legislation Amendment Act 1995 | 1, 1996 | 9 Jan 1996 | Schedule 14: 20 Sept
1996 | — |
Primary Industries and Energy Legislation Amendment Act (No. 2) 1996 | 59, 1996 | 20 Nov 1996 | Schedule 5: Royal
Assent | Sch. 5 (item 5) |
Farm Household Support Amendment Act 1997 | 21, 1997 | 7 Apr 1997 | 5 May 1997 | — |
Primary Industries and Energy Legislation Amendment Act (No. 1) 1997 | 22, 1997 | 7 Apr 1997 | Schedule 2: Royal
Assent | — |
Commonwealth Services Delivery Agency (Consequential Amendments) Act 1997 | 29, 1997 | 17 Apr 1997 | 1 July 1997 ( | — |
Primary Industries and Energy Legislation Amendment Act (No. 2) 1997 | 94, 1997 | 30 June 1997 | Schedule 3: 1 Oct 1997 | — |
Farm Household Support Amendment (Restart and Exceptional Circumstances) Act 1997 | 179, 1997 | 25 Nov 1997 | 25 Nov 1997 | Sch. 3 |
Social Security Legislation Amendment (Parenting and Other Measures) Act 1997 | 197, 1997 | 11 Dec 1997 | Schedule 1 (items 298–300):
20 Mar 1998 | — |
Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 | 45, 1998 | 17 June 1998 | Schedule 13 (items 12–26):
1 July 1998 | Sch. 13 (item 26) |
Financial Sector Reform (Consequential Amendments) Act 1998 | 48, 1998 | 29 June 1998 | Schedule 1 (item 47):
1 July 1998 ( | — |
Taxation Laws Amendment (Farm Management Deposits) Act 1998 | 85, 1998 | 2 July 1998 | 2 Jan 1999 ( | — |
Social Security and Veterans’ Affairs Legislation Amendment (Budget and Other Measures) Act 1998 | 93, 1998 | 15 July 1998 | Schedule 7 (items 12–17):
1 Apr 1998 | — |
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998 | 102, 1998 | 30 July 1998 | 30 July 1998 | — |
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 | 44, 1999 | 17 June 1999 | Schedule 7 (items 32–34):
1 July 1999 ( | s. 3(2)(e) (am. by 160, 2000, Sch. 4 [item 4]) |
| ||||
| 160, 2000 | 21 Dec 2000 | Schedule 1 (item 21): Royal Assent Remainder: 18 Jan 2001 | — |
A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999 | 83, 1999 | 8 July 1999 | Schedule 6: 1 July
2000 | — |
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 1999 | 170, 1999 | 10 Dec 1999 | Schedule 3 (item 1):
Royal Assent | — |
Farm Household Support Amendment Act 1999 | 184, 1999 | 22 Dec 1999 | Schedule 1: 1 Dec 1999 Remainder: Royal Assent | — |
Dairy Industry Adjustment Act 2000 | 22, 2000 | 3 Apr 2000 | 3 Apr 2000 | — |
Youth Allowance Consolidation Act 2000 | 106, 2000 | 6 July 2000 | Schedule 5 (items 6–9):
1 July 1998 | — |
Social Security and Veterans’ Entitlements Legislation Amendment (Private Trusts and Private Companies—Integrity of Means Testing) Act 2000 | 132, 2000 | 13 Nov 2000 | 13 Nov 2000 | — |
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 | 137, 2000 | 24 Nov 2000 | ss. 1–3 and Schedule 1 (items 1, 4, 6, 7, 9–11, 32): Royal Assent Remainder: 24 May 2001 | Sch. 2 (items 418, 419) |
Farm Household Support Amendment Act 2000 | 144, 2000 | 7 Dec 2000 | ss. 1 and 2: Royal Assent
Remainder: 18 Dec 2000 ( | Sch. 3 (items 1–6, 6A) |
| ||||
| 115, 2003 | 27 Nov 2003 | Schedule 2 (item 1):
( | — |
Dairy Produce Legislation Amendment (Supplementary Assistance) Act 2001 | 94, 2001 | 20 July 2001 | 20 July 2001 | — |
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001 | 115, 2001 | 18 Sept 2001 | 16 Oct 2001 | s. 4 |
Dairy Industry Legislation Amendment Act 2002 | 84, 2002 | 10 Oct 2002 | 10 Oct 2002 | — |
Dairy Industry Service Reform Act 2003 | 32, 2003 | 15 Apr 2003 | Schedule 1: 1 July
2003 ( Remainder: Royal Assent | — |
Farm Household Support Amendment Act 2003 | 115, 2003 | 27 Nov 2003 | Schedule 1 (item 25):
18 Dec 2000 (
Schedule 2 (item 1): Remainder: Royal Assent | Sch. 1 (items 30–36) |
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 | 52, 2004 | 27 Apr 2004 | Schedule 3 (item 21):
1 July 2004 ( | — |
Farm Household Support Amendment Act 2004 | 70, 2004 | 23 June 2004 | Schedule 1: 1 July 2004
Schedule 2: 1 July 2004 ( Remainder: Royal Assent | Sch. 2 (items 23–29) |
Farm Household Support Amendment Act 2005 | 30, 2005 | 21 Mar 2005 | Schedule 1: 22 Mar 2005 Remainder: Royal Assent | Sch. 1 (items 7–10) |
Farm Household Support Amendment (Exceptional Circumstances Relief Payment) Act 2005 | 69, 2005 | 26 June 2005 | Schedule 1 (items 2, 3, 5): 1 Oct 2005 Remainder: Royal Assent | Sch. 1 (item 5) |
Farm Household Support Amendment Act 2007 | 60, 2007 | 15 Apr 2007 | 15 Apr 2007 | Sch. 1 (items 20–22) |
Farm Household Support Amendment (Additional Drought Assistance Measures) Act 2008 | 39, 2008 | 24 June 2008 | 24 June 2008 | Sch. 1 (items 20–29) and Sch. 2 (item 4) |
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—General Law Reform) Act 2008 | 144, 2008 | 9 Dec 2008 | Schedule 1 (items 2, 3): 10 Dec 2008 | — |
Household Stimulus Package Act (No. 2) 2009 | 4, 2009 | 18 Feb 2009 | Schedule 4 and Schedule 5 (items 1–3): Royal Assent | Sch. 4 (item 1) |
Tax Laws Amendment (2009 Measures No. 1) Act 2009 | 27, 2009 | 26 Mar 2009 | Schedule 3 (items 92, 93, 102(1)): 27 Mar 2009 | Sch. 3 (item 102(1)) |
Tax Laws Amendment (Transfer of Provisions) Act 2010 | 79, 2010 | 29 June 2010 | Schedule 4 (items 8, 51): 1 July 2010 | Sch. 4 (item 51) |
Farm Household Support Amendment (Ancillary Benefits) Act 2010 | 92, 2010 | 29 June 2010 | 29 June 2010 | Sch. 1 (item 2) |
Statute Law Revision Act 2011 | 5, 2011 | 22 Mar 2011 | Schedule 7 (items 59, 60): 19 Apr 2011 | — |
Human Services Legislation Amendment Act 2011 | 32, 2011 | 25 May 2011 | Schedule 4 (items 95–107): 1 July 2011 | — |
Clean Energy (Household Assistance Amendments) Act 2011 | 141, 2011 | 29 Nov 2011 | Schedule 5 (items 1–29): 14 May 2012 | — |
Social Security and Other Legislation Amendment (2012 Budget and Other Measures) Act 2012 | 98, 2012 | 29 June 2012 | Schedule 2 (items 14, 88(1)): 1 Jan 2013 | Sch. 2 (item 88(1)) |
Social Security and Other Legislation Amendment (Income Support Bonus) Act 2013 | 5, 2013 | 5 Mar 2013 | Schedule 1 (items 11–13): Royal Assent | — |
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2013 | 17, 2013 | 27 Mar 2013 | Schedule 7: 24 Apr 2013 | Sch. 7 (items 10, 11) |
Veterans’ Affairs Legislation Amendment (Military Compensation Review and Other Measures) Act 2013 | 99, 2013 | 28 June 2013 | Schedule 3 (items 18, 49, 54): 1 July 2013 | Sch. 3 (items 49, 54) |
Statute Law Revision Act 2013 | 103, 2013 | 29 June 2013 | Schedule 1 (item 49), Schedule 3 (items 111–113, 343) and Schedule 4 (items 5, 6): Royal Assent | Sch. 3 (item 343) |
(a) TheFarm Household Support Act 1992 was amended by Part 5 (sections 58–63) only of theSocial Security Legislation Amendment Act (No. 2) 1994 , subsection 2(6) of which provides as follows:
(6) Subsections 40(2) and 46(1), paragraph 57(a) and Part 5 commence on 20 September 1994, immediately after the commencement of Part 3 of the
Social Security (Home Child Care and Partner Allowances) Legislation Amendment Act 1994 .
(b) TheFarm Household Support Act 1992 was amended by section 3 only of thePrimary Industries and Energy Legislation Amendment Act (No. 2) 1994 , subsections 2(1) and (4) of which provide as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(4) The amendment made by this Act to section 52 of the
Farm Household Support Act 1992 commences on 20 September 1994.
(c) TheFarm Household Support Act 1992 was amended by Part 4 (section 60) only of theVeterans’ Affairs (1994‑95 Budget Measures) Legislation Amendment Act (No. 2) 1994 , subsection 2(1) of which provides as follows:
(1) Part 1, Divisions 1 and 11 of Part 2 and Parts 3 and 4 commence on the day on which this Act receives the Royal Assent.
(d) Subsection 2(2) of theStudent Assistance (Youth Training Allowance—Transitional Provisions and Consequential Amendments) Act 1994 provides as follows:
(2) This Act commences on 1 January 1995 immediately after the commencement of the
Student Assistance (Youth Training Allowance) Amendment Act 1994 .
(e) TheFarm Household Support Act 1992 was amended by the Schedule (items 20–23) only of thePrimary Industries and Energy Legislation Amendment Act (No. 1) 1995 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(f) TheFarm Household Support Act 1992 was amended by Schedule 25 only of theSocial Security Legislation Amendment (Carer Pension and Other Measures) Act 1995 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(g) TheFarm Household Support Act 1992 was amended by Schedule 14 only of theSocial Security and Veterans’ Affairs Legislation Amendment Act 1995 , subsection 2(5)(e) of which provides as follows:
(5) The following provisions commence, or are taken to have commenced, on 20 September 1996:
(e) Schedules 12, 13, 14 and 15.
(h) TheFarm Household Support Act 1992 was amended by Schedule 5 only of thePrimary Industries and Energy Legislation Amendment Act (No. 2) 1996 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(i) TheFarm Household Support Act 1992 was amended by Schedule 2 only of thePrimary Industries and Energy Legislation Amendment Act (No. 1) 1997 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(j) Subsection 2(3) of thePrimary Industries and Energy Legislation Amendment Act (No. 2) 1997 provides as follows:
(3) Schedules 3 and 9 commence, or are taken to have commenced, on 1 October 1997, immediately after the commencement of Schedule 18 to the
Social Security Legislation Amendment (Budget and other Measures) Act 1996.
(k) TheFarm Household Support Act 1992 was amended by Schedule 1 (items 298–300) only of theSocial Security Legislation Amendment (Parenting and Other Measures) Act 1997 , subsection 2(2) of which provides as follows:
(2) Part 3 of Schedule 1 commences on 1 July 1998. The remaining items of Schedule 1 commence on 20 March 1998.
(l) TheFarm Household Support Act 1992 was amended by Schedule 13 (sections 12–25) only of theSocial Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 , subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) to (10), this Act commences on 1 July 1998.
(m) TheFarm Household Support Act 1992 was amended by Schedule 1 (item 47) only of theFinancial Sector Reform (Consequential Amendments) Act 1998 , subsection 2(2) of which provides as follows:
(2) Subject to subsections (3) to (14), Schedules 1, 2 and 3 commence on the commencement of the
Australian Prudential Regulation Authority Act 1998 .
(n) TheFarm Household Support Act 1992 was amended by Schedule 7 (items 12–17) only of theSocial Security and Veterans’ Affairs Legislation Amendment (Budget and Other Measures) Act 1998 , subsection 2(9) of which provides as follows:
(9) Schedule 7 commences, or is taken to have commenced, on 1 April 1998.
(o) TheFarm Household Support Act 1992 was amended by Schedule 7 (items 32–34) only of theFinancial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999 , subsections 3(2)(e) and (16) of which provide as follows:
(2) The following provisions commence on the transfer date:
(e) subject to subsection (12), Schedule 7, other than items 43, 44, 118, 205 and 207 (the commencement of those items is covered by subsections (10), (11) and (13)).
(16) The Governor‑General may, by Proclamation published in the
Gazette , specify the date that is to be the transfer date for the purposes of this Act.
(p) TheFarm Household Support Act 1992 was amended by Schedule 6 only of theA New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999 , subsection 2(2) of which provides as follows:
(2) Schedule 1 (Parts 1 to 5), Schedules 3 to 6, Schedule 7 (other than item 14), Schedules 8 and 9, Schedule 10 (other than item 63) and Schedule 11 (items 3 and 4 only) commence, or are taken to have commenced, on the commencement of Schedule 1 to the
A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999 .
(q) TheFarm Household Support Act 1992 was amended by Schedule 3 (item 1) only of theAgriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 1999 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(r) TheFarm Household Support Act 1992 was amended by Schedule 5 (items 6–9) only of theYouth Allowance Consolidation Act 2000 , subsection 2(3) of which provides as follows:
(3) Items 30 to 35, 45, 46, 47, 49, 50, 59 to 73 and 75 to 79 of Schedule 4 and Part 2 of Schedule 5 are taken to have commenced on 1 July 1998.
(s) Subsection 2(1) (item 5) of theFarm Household Support Amendment Act 2003 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Schedule 2, item 1 | Immediately
after the time specified in the | 18 December 2000 |
Title...................................... | rs. No. 125, 1994 |
am. No. 179, 1997; No. 60, 2007 | |
s. 3....................................... | am. Nos. 109, 125 and 184, 1994; No. 36, 1995; No. 59, 1996; Nos. 22, 29, 179 and 197, 1997; Nos. 45, 48, 85, 93 and 102, 1998; Nos. 44 and 83, 1999; Nos. 22 and 144, 2000; No. 84, 2002; Nos. 32 and 115, 2003; No. 70, 2004; Nos. 30 and 69, 2005; No. 60, 2007; No. 144, 2008; No. 79, 2010; Nos. 32 and 141, 2011; Nos. 17 and 103, 2013 |
s. 4....................................... | am. No. 129, 1994; No. 179, 1997; Nos. 22 and 144, 2000; No. 115, 2003; No. 17, 2013 |
s. 4A..................................... | ad. No. 179, 1997 |
rep. No. 144, 2000 | |
s. 5....................................... | am. Nos. 109, 129 and 184, 1994; No. 45, 1998 |
rep. No. 102, 1998 | |
ad. No. 70, 2004 | |
s. 5A..................................... | ad. No. 129, 1994 |
rep. No. 102, 1998 | |
s. 6....................................... | am. No. 125, 1994; No. 179, 1997; No. 22, 2000 |
rs. No. 70, 2004 | |
am. No. 60, 2007; No. 39, 2008 | |
s. 6AA.................................. |
ad. No. 115, 2001 | |
Heading to Part 1A................. | rs. No. 179, 1997; No. 184, 1999; No. 144, 2000; No. 60, 2007 |
Part 1A................................. | ad. No. 21, 1997 |
Heading to s. 6A.................... | am. No. 179, 1997 |
s. 6A..................................... | ad. No. 21, 1997 |
Heading to s. 6B.................... | am. No. 144, 2000 |
s. 6B..................................... | ad. No. 179, 1997 |
am. No. 144, 2000; No. 115, 2003; No. 70, 2004 | |
s. 6C..................................... | ad. No. 179, 1997 |
rep. No. 184, 1999 | |
ad. No. 60, 2007 | |
am. No. 39, 2008 | |
Heading to Part 2................... | am. No. 125, 1994 |
rs. No. 179, 1997; No. 144, 2000; No. 141, 2011 | |
Heading to Div. 1 of Part 2...... | am. No. 125, 1994 |
s. 7....................................... | am. No. 36, 1995; No. 60, 2007 |
s. 8....................................... | am. Nos. 109 and 184, 1994; No. 45, 1998 |
Heading to Div. 1A................ of Part 2 | rs. No. 179, 1997 |
Div. 1A of Part 2.................... | ad. No. 125, 1994 |
Heading to s. 8A.................... | am. No. 179, 1997 |
Subhead. to s. 8A(1)............... | am. No. 60, 2007 |
Subhead. to s. 8A(5)............... | am. No. 39, 2008 |
s. 8A..................................... | ad. No. 125, 1994 |
am. No. 59, 1996; No. 179, 1997; Nos. 30 and 69, 2005; No. 60, 2007; No. 39, 2008 | |
Heading to Div. 1B................ of Part 2 | rs. No. 144, 2000 |
Div. 1B of Part 2.................... | ad. No. 179, 1997 |
Heading to s. 8B.................... | am. No. 144, 2000 |
rs. No. 70, 2004 | |
s. 8B..................................... | ad. No. 179, 1997 |
am. No. 144, 2000 | |
rs. No. 70, 2004 | |
am. No. 30, 2005 | |
Note to s. 8B.......................... | am. No. 144, 2000 |
rep. No. 70, 2004 | |
s. 8C..................................... | ad. No. 179, 1997 |
am. No. 144, 2000 | |
Heading to s. 8D.................... | am. No. 144, 2000 |
s. 8D..................................... | ad. No. 179, 1997 |
am. No. 144, 2000 | |
Heading to s. 8E..................... | am. No. 144, 2000 |
s. 8E..................................... | ad. No. 179, 1997 |
am. No. 144, 2000; No. 70, 2004 | |
s. 8F..................................... | ad. No. 70, 2004 |
Div. 1C of Part 2.................... | ad. No. 141, 2011 |
s. 8G..................................... | ad. No. 141, 2011 |
am. No. 98, 2012 | |
s. 8H..................................... | ad. No. 141, 2011 |
am. No. 98, 2012 | |
s. 8J...................................... | ad. No. 141, 2011 |
Heading to Div. 2 of Part 2...... | am. No. 125, 1994 |
rs. No. 179, 1997; No. 144, 2000 | |
Heading to s. 9....................... | rs. No. 179, 1997 |
s. 9....................................... | am. No. 125, 1994; No. 179, 1997; No. 144, 2000; No. 115, 2003 |
Heading to s. 9A.................... | am. No. 179, 1997 |
s. 9A..................................... | ad. No. 125, 1994 |
am. No. 179, 1997 | |
Note to s. 9A......................... | rep. No. 70, 2004 |
Heading to s. 9B.................... | am. No. 144, 2000 |
s. 9B..................................... | ad. No. 179, 1997 |
am. No. 144, 2000 | |
Note to s. 9B.......................... | am. No. 144, 2000 |
rs. No. 70, 2004 | |
Heading to s. 10..................... | rs. No. 179, 1997 |
s. 10...................................... | am. No. 125, 1994; No. 1, 1996; No. 179, 1997; Nos. 132 and 144, 2000; No. 60, 2007; No. 39, 2008 |
s. 11...................................... | am. No. 125, 1994; No. 179, 1997; No. 144, 2000 |
s 12....................................... | am. Nos. 125, 164 and 184, 1994; No. 1, 1996; Nos. 22 and 179, 1997; No. 45, 1998; No. 144, 2000; No. 52, 2004; No. 60, 2007; No. 39, 2008; No 99, 2013 |
s. 13...................................... | am. No. 125, 1994; No. 179, 1997; No. 144, 2000 |
s. 13A................................... | ad. No. 179, 1997 |
am. No. 144, 2000; No. 115, 2003 | |
s. 13B................................... | ad. No. 144, 2000 |
am. No. 115, 2003 | |
rep. No. 70, 2004 | |
Heading to Part 3................... | am. No. 125, 1994 |
rs. No. 179, 1997; No. 144, 2000 | |
s. 14...................................... | am. No. 125, 1994; No. 179, 1997; No. 144, 2000 |
Note to s. 14(1)...................... | ad. No. 141, 2011 |
s. 15...................................... | am. No. 125, 1994; No. 179, 1997; No. 144, 2000; No. 5, 2011; No. 17, 2013 |
s. 19...................................... | am. No. 125, 1994; No. 179, 1997; No. 144, 2000; No. 70, 2004 |
s. 20...................................... | am. No. 125, 1994; No. 179, 1997; No. 144, 2000 |
Heading to Part 4................... | am. No. 125, 1994 |
rs. No. 179, 1997; No. 144, 2000 | |
Heading to Div. 1 of Part 4...... | rs. No. 125, 1994 |
Heading to Subdiv. A of......... Div. 1 of Part 4 | ad. No. 125, 1994 |
s. 21...................................... | am. No. 22, 1997; No. 60, 2007 |
Heading to s. 21A.................. | am. No. 45, 1998 |
rep. No. 60, 2007 | |
s. 21A................................... | ad. No. 184, 1994 |
am. No. 45, 1998 | |
rep. No. 60, 2007 | |
Heading to s. 22..................... | am. No. 45, 1998 |
rep. No. 60, 2007 | |
s. 22...................................... | rs. No. 109, 1994 |
am. Nos. 125 and 184, 1994; No. 1, 1996; No. 45, 1998 | |
rep. No. 60, 2007 | |
Heading to Subdiv. B of.......... Div. 1 of Part 4 | ad. No. 125, 1994 |
Heading to Div. 2 of Part 4...... | rs. No. 125, 1994; No. 179, 1997 |
Div. 2 of Part 4...................... | ad. No. 125, 1994 |
Heading to s. 24A.................. | am. No. 179, 1997; No. 60, 2007 |
Subhead. to s. 24A(4)............. | am. No. 39, 2008 |
s. 24A................................... | ad. No. 125, 1994 |
am. Nos. 1 and 59, 1996; Nos. 22, 179 and 197, 1997; No. 93, 1998; No. 83, 1999; No. 106, 2000; No. 69, 2005; No. 60, 2007; No. 39, 2008; Nos. 4 and 27, 2009; No. 5, 2013 | |
Subhead. to s. 24AA(5)........... | am. No. 39, 2008 |
Subhead. to s. 24AA(7)........... | am. No. 39, 2008 |
s. 24AA................................ | ad. No. 60, 2007 |
am. No. 39, 2008; Nos. 4 and 27, 2009; No. 5, 2013 | |
Heading to Div. 3 of Part 4...... | rs. No. 144, 2000 |
Div. 3 of Part 4...................... | ad. No. 179, 1997 |
Heading to s. 24B................... | am. No. 144, 2000 |
s. 24B................................... | ad. No. 179, 1997 |
am. No. 197, 1997; No. 83, 1999; Nos. 106 and 144, 2000; No. 60, 2007; No. 4, 2009; No. 5, 2013 | |
Part 4A................................. | ad. No. 141, 2011 |
ss. 24C–24F........................... | ad. No. 141, 2011 |
Heading to Part 5................... | am. No. 125, 1994 |
rs. No. 179, 1997; No. 144, 2000; No. 141, 2011 | |
Heading to s. 25..................... | rs. No. 179, 1997 |
s. 25...................................... | am. No. 125, 1994; No. 179, 1997; No. 144, 2000; No. 141, 2011 |
Heading to s. 26..................... | am. No. 179, 1997 |
s. 26...................................... | rs. No. 102, 1998 |
Heading to s. 26A.................. | am. No. 179, 1997 |
s. 26A................................... | ad. No. 125, 1994 |
am. No. 179, 1997 | |
Heading to s. 26B................... | am. No. 144, 2000 |
s. 26B................................... | ad. No. 179, 1997 |
am. No. 144, 2000 | |
s. 26C................................... | ad. No. 141, 2011 |
s. 28...................................... | am. No. 125, 1994; No. 179, 1997; No. 144, 2000 |
s. 29...................................... | am. No. 125, 1994 |
Heading to s. 29A.................. | am. No. 179, 1997 |
s. 29A................................... | ad. No. 125, 1994 |
am. No. 179, 1997 | |
Note to s. 29A........................ | rep. No. 170, 1999 |
Note 1 to s. 29A..................... | ad. No. 170, 1999 |
Note 2 to s. 29A..................... | ad. No. 94, 1997 |
Heading to s. 29B................... | am. No. 144, 2000 |
s. 29B................................... | ad. No. 179, 1997 |
am. No. 144, 2000 | |
Note 2 to s. 29B..................... | am. No. 144, 2000 |
s. 31...................................... | am. No. 125, 1994; No. 179, 1997; No. 144, 2000 |
s. 32...................................... | am. No. 44, 1999 |
s. 33...................................... | am. No. 125, 1994; No. 179, 1997; No. 144, 2000 |
s. 37...................................... | am. No. 125, 1994 |
Div. 3 of Part 6...................... | rep. No. 102, 1998 |
s. 40...................................... | rep. No. 102, 1998 |
s. 41...................................... | am. No. 125, 1994; No. 143, 1995; No. 179, 1997; Nos. 137 and 144, 2000; No. 115, 2001; No. 30, 2005 |
Heading to s. 42..................... | am. No. 179, 1997; No. 144, 2000 |
s. 42...................................... | am. No. 125, 1994; No. 143, 1995; No. 179, 1997; Nos. 137 and 144, 2000; No. 115, 2001 |
Heading to Part 8................... | am. No. 125, 1994 |
rs. No. 179, 1997; No. 144, 2000 | |
s. 43...................................... | am. Nos. 125 and 184, 1994; Nos. 1 and 59, 1996; No. 179, 1997; No. 45, 1998; No. 144, 2000 |
ss. 44–46............................... | am. No. 125, 1994; No. 179, 1997; No. 144, 2000 |
Heading to s. 47..................... | am. No. 179, 1997 |
s. 47...................................... | am. No. 125, 1994; No. 179, 1997; No. 144, 2000 |
ss. 48, 49............................... | am. No. 125, 1994; No. 179, 1997; No. 144, 2000 |
Heading to Part 8A................. | rs. No. 179, 1997; No. 144, 2000 |
rep. No. 70, 2004 | |
Part 8A................................. | ad. No. 125, 1994 |
rep. No. 70, 2004 | |
Heading to s. 49A.................. | rs. No. 179, 1997 |
am. No. 144, 2000 | |
rep. No. 70, 2004 | |
s. 49A................................... | ad. No. 125, 1994 |
am. No. 179, 1997; No. 144, 2000 | |
rep. No. 70, 2004 | |
ad. No. 39, 2008 | |
Heading to s. 49B................... | am. No. 179, 1997 |
rep. No. 70, 2004 | |
s. 49B................................... | ad. No. 125, 1994 |
am. No. 179, 1997; No. 102, 1998 | |
rep. No. 70, 2004 | |
Heading to s. 49C................... | am. No. 179, 1997 |
rep. No. 70, 2004 | |
s. 49C................................... | ad. No. 125, 1994 |
am. No. 179, 1997; No. 102, 1998 | |
rep. No. 70, 2004 | |
Heading to s. 49D.................. | am. No. 144, 2000 |
rep. No. 70, 2004 | |
Subhead. to s. 49D(2)............. | am. No. 144, 2000 |
rep. No. 70, 2004 | |
s. 49D................................... | ad. No. 179, 1997 |
am. No. 144, 2000 | |
rep. No. 70, 2004 | |
Heading to Part 9................... | am. No. 125, 1994 |
rep. No. 102, 1998 | |
Part 9.................................... | rep. No. 102, 1998 |
s. 50...................................... | rep. No. 102, 1998 |
ad. No. 70, 2004 | |
s. 50A................................... | ad. No. 129, 1994 |
am. No. 143, 1995 | |
rep. No. 102, 1998 | |
s. 51...................................... | rep. No. 102, 1998 |
ad. No. 70, 2004 | |
s. 52...................................... | am. Nos. 109, 129 and 184, 1994 |
rs. No. 1, 1996 | |
am. No. 45, 1998 | |
rep. No. 102, 1998 | |
ad. No. 70, 2004 | |
Heading to Part 9A................. | rs. No. 144, 2000 |
Part 9A................................. | ad. No. 179, 1997 |
Heading to s. 52A.................. | am. No. 144, 2000 |
s. 52A................................... | ad. No. 179, 1997 |
am. No. 144, 2000 (as am. by No. 115, 2003); No. 84, 2002; Nos. 32 and 115, 2003; No. 70, 2004; No. 103, 2013 | |
Note to s. 52A(2)................... | rep. No. 184, 1999 |
s. 52AA................................ | ad. No. 70, 2004 |
ss. 52AB, 52AC..................... | ad. No. 30, 2005 |
Heading to Part 9B................. | rs. No. 144, 2000; No. 115, 2003 |
Part 9B.................................. | ad. No. 179, 1997 |
Heading to s. 52B................... | am. No. 144, 2000 |
rs. No. 115, 2003 | |
s. 52B................................... | ad. No. 179, 1997 |
am. No. 144, 2000; No. 115, 2003; No. 70, 2004; No. 103, 2013 | |
Part 9C.................................. | ad. No. 22, 2000 |
s. 52C................................... | ad. No. 22, 2000 |
am. No. 94, 2001; No. 32, 2003; No. 103, 2013 | |
Part 9D................................. | ad. No. 92, 2010 |
s. 52D................................... | ad. No. 92, 2010 |
s. 53...................................... | am. No. 129, 1994; No. 29, 1997; Nos. 22 and 144, 2000; No. 115, 2003; Nos. 5 and 32, 2011; No. 17, 2013 |
s. 53A................................... | ad. No. 29, 1997 |
am. Nos. 22 and 144, 2000; No. 115, 2003; No. 32, 2011; No. 103, 2013 | |
s. 54...................................... | am. No. 125, 1994; No. 143, 1995; No. 179, 1997; Nos. 22, 137 and 144, 2000; No. 115, 2001; No. 141, 2011 |
s. 54A................................... | ad. No. 102, 1998 |
Heading to s. 55..................... | am. No. 179, 1997; Nos. 22 and 144, 2000 |
rs. No. 141, 2011 | |
s. 55...................................... | am. No. 125, 1994; No. 179, 1997; Nos. 22 and 144, 2000; No. 141, 2011 |
s. 55A................................... | ad. No. 179, 1997 |
am. No. 44, 1999; No. 144, 2000 | |
s. 56...................................... | am. No. 125, 1994; No. 179, 1997; Nos. 22 and 144, 2000; No. 84, 2002; No. 32, 2003; No. 141, 2011 |
Note to s. 56.......................... | ad. No. 94, 1997 |
am. No. 179, 1997; No. 144, 2000; No. 141, 2011 | |
Heading to s. 57..................... | rs. No. 179, 1997 |
s. 57...................................... | am. No. 125, 1994; No. 179, 1997; Nos. 22 and 144, 2000; No. 84, 2002; No. 141, 2011 |
s. 57A................................... | ad. No. 36, 1995 |
am. No. 5, 2011; No. 17, 2013 | |
s. 59...................................... | rep. No. 179, 1997 |
Part 11.................................. | rep. No. 103, 2013 |
s. 60...................................... | rep. No. 103, 2013 |
Schedule............................... | rep. No. 103, 2013 |
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