Farm Household Support Amendment Act 2000 (Cth)

Farm Household Support Amendment Act 2000

Act No. 144 of 2000 as amended

This compilation was prepared on 2 December 2003

[This Act was amended by Act No. 115 of 2003]

Amendment from Act No. 115 of 2003

[Schedule 2 (item 1) amended Schedule 1 (item 51)

Schedule 2 (item 1) commenced immediately after 18 December 2000]

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

An Act to amend the Farm Household Support Act 1992, and for related purposes

[Assented to 7 December 2000]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Farm Household Support Amendment Act 2000.

2Commencement

1. (1)

   This section and section 1 commence on the day on which this Act receives the Royal Assent.

2. (2)

   Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

3. (3)

   If a provision of this Act does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Farm help: supporting families through change

Farm Household Support Act 1992

1. 1

   Subsection 3(2) (definition of exempt livestock proceeds)

   Omit “restart”, substitute “farm help”.

2

Subsection 3(2)

Insert:

farm help advice scheme means the scheme referred to in section 52B.

3

Subsection 3(2)

Insert:

farm help re‑establishment grant scheme means the scheme referred to in section 52A.

4

Subsection 3(2)

Insert:

farm help scheme payment commencement day is the day on which item 2 of Schedule 1 to the Farm Household Support Amendment Act 2000 commenced.

5

Subsection 3(2)

Insert:

farm help scheme payments means payments of the following kinds:

1. (a)

   payments of farm help income support;

2. (b)

   payments of re‑establishment grants;

3. (c)

   payments of assistance under the farm help advice scheme.

6

Subsection 3(2) (definition of re‑establishment grant)

Omit “restart”, substitute “farm help”.

7

Subsection 3(2) (definition of restart advice scheme)

Repeal the definition.

8

Subsection 3(2) (definition of restart re‑establishment grant scheme)

Repeal the definition.

9

Subsection 3(2) (definition of restart scheme payment commencement day)

Repeal the definition.

10

Subsection 3(2) (definition of restart scheme payments)

Repeal the definition.

11

Paragraph 4(2)(a)

Omit “restart”, substitute “farm help”.

12

Subsection 4(4) (paragraph (b) of the definition of relevant Secretary)

Omit “ restart”, substitute “farm help”.

13

Section 4A

Repeal the section.

14

Part 1A (heading)

Repeal the heading, substitute:

Part 1A—Ending farm household support and farm help income support

15

Section 6B

Omit “Restart”, substitute “Farm help”.

Note: The heading to section 6B is altered by omitting “restart” and substituting “farm help”.

16

Paragraph 6B(a)

Omit all the words from and including “more”, substitute “after 30 November 2003; or”.

17

Paragraph 6B(b)

Omit all the words from and including “more”, substitute “after 30 November 2004.”.

18

Part 2 (heading)

Repeal the heading, substitute:

Part 2—Qualification for and payability of farm household support, exceptional circumstances relief payment or farm help income support

19

Division 1B of Part 2

Repeal the heading, substitute:

Division 1B—Qualification for farm help income support

20

Section 8B

Omit “restart” (wherever occurring), substitute “farm help”.

Note: The heading to section 8B is altered by omitting “restart” and substituting “farm help”.

21

Section 8B (note)

Omit “restart”, substitute “farm help”.

22

Section 8C

Omit “restart” (wherever occurring), substitute “farm help”.

23

Section 8D

Omit “restart” (wherever occurring), substitute “farm help”.

Note: The heading to section 8D is altered by omitting “restart” and substituting “farm help”.

24

Section 8E

Omit “restart” (wherever occurring), substitute “farm help”.

Note: The heading to section 8E is altered by omitting “restart” and substituting “farm help”.

25

Division 2 of Part 2 (heading)

Repeal the heading, substitute:

Division 2—Situations in which farm household support, exceptional circumstances relief payment or farm help income support is not payable

26

Subsection 9(3)

Omit “Restart”, substitute “Farm help”.

27

Subsection 9(3)

Omit “restart” (wherever occurring), substitute “farm help”.

28

Section 9B

Omit “Restart”, substitute “Farm help”.

Note: The heading to section 9B is altered by omitting “Restart” and substituting “Farm help”.

29

Section 9B (note)

Omit “restart”, substitute “farm help”.

30

Sections 10, 11, 12, 13 and 13A

Omit “restart” (wherever occurring), substitute “farm help”.

31

After section 13A

Insert:

13BObligation to develop an activity plan

1. (1)

   The Secretary may direct a person to whom farm help income support is payable to develop, and act in accordance with, an individual activity plan as specified in the direction. A direction under this subsection is known as an activity plan direction.

2. (2)

   The Secretary may only give an activity plan direction to a person if the person’s farm has been assessed as not viable under advice given as a result of a direction under:

   1. (a)

      subsection 13A(1); or

   2. (b)

      the farm help re‑establishment grant scheme.

3. (3)

   An individual activity plan specified in an activity plan direction must be directed towards assisting the person to whom the direction is given:

   1. (a)

      to return his or her farm to a viable position; or

   2. (b)

      to secure alternative employment.

4. (4)

   The Secretary must arrange for the provision of assistance to the person under the farm help advice scheme (see paragraph 52B(3)(b)) for the purpose of complying with an activity plan direction.

5. (5)

   If the person does not comply with an activity plan 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 scheme referred to in paragraph 52B(3)(c).

32

Part 3 (heading)

Repeal the heading, substitute:

Part 3—Claim for farm household support, exceptional circumstances relief payment or farm help income support

33

Sections 14, 15, 19 and 20

Omit “restart” (wherever occurring), substitute “farm help”.

34

Part 4 (heading)

Repeal the heading, substitute:

Part 4—Rate of farm household support, exceptional circumstances relief payment or farm help income support

35

Division 3 of Part 4 (heading)

Repeal the heading, substitute:

Division 3—Rate of farm help income support

36

Subsection 24B(1)

Omit “restart”, substitute “farm help”.

Note: The heading to section 24B is altered by omitting “restart” and substituting “farm help”.

37

Part 5 (heading)

Repeal the heading, substitute:

Part 5—Payment of farm household support, exceptional circumstances relief payment or farm help income support

38

Subsection 25(3)

Omit “Restart”, substitute “Farm help”.

39

Subsection 25(3)

Omit “restart”, substitute “farm help”.

40

Section 26B

Omit “Restart”, substitute “Farm help”.

Note: The heading to section 26B is altered by omitting “Restart” and substituting “Farm help”.

41

Sections 28 and 29B

Omit “restart” (wherever occurring), substitute “farm help”.

42

Section 29B (formula)

Repeal the formula, substitute:

Note: The heading to section 29B is altered by omitting “restart” and substituting “farm help”.

43

Section 29B (note 2)

Omit “restart”, substitute “farm help”.

44

Sections 31, 33, 41 and 42

Omit “restart” (wherever occurring), substitute “farm help”.

Note: The heading to section 42 is altered by omitting “restart” and substituting “farm help”.

45

Part 8 (heading)

Repeal the heading, substitute:

Part 8—Termination of farm household support, exceptional circumstances relief payment or farm help income support

46

Sections 43, 44, 45, 46, 47, 48 and 49

Omit “restart” (wherever occurring), substitute “farm help”.

47

Subsection 48(3)

Omit “Restart”, substitute “Farm help”.

48

Part 8A (heading)

Repeal the heading, substitute:

Part 8A—Suspension of farm household support and farm help income support if exceptional circumstances relief payment is payable

49

Sections 49A and 49D

Omit “restart” (wherever occurring), substitute “farm help”.

Note: The heading to sections 49A and 49D are altered by omitting “restart” and substituting “farm help”.

50

Part 9A (heading)

Repeal the heading, substitute:

Part 9A—Farm help re‑establishment grant scheme

51

Paragraph 52A(1)(a)

Omit “after the restart scheme payment commencement day,”, substitute “, after 1 December 1997,”.

52

Subsection 52A(1)

Omit “The scheme is to be known as the restart re‑establishment grant scheme ”, substitute “On and after the farm help scheme payment commencement day, the scheme is to be known as the farm help re‑establishment grant scheme”.

Note: The heading to section 52A is altered by omitting “Restart” and substituting “Farm help”.

53

After subsection 52A(3)

Insert:

1. (3A)

   The scheme may provide for the Secretary to direct a person who has applied for a re‑establishment grant to develop, and act in accordance with, an individual activity plan. A direction under this subsection is known as an activity plan direction.

2. (3B)

   The scheme may only provide for the Secretary to give an activity plan direction to a person if the person’s farm has been assessed as not viable under advice given as a result of a direction under:

   1. (a)

      subsection 13A(1); or

   2. (b)

      subsection (3) of this section.

3. (3C)

   An individual activity plan specified in an activity plan direction must be directed towards assisting the person to whom the direction is given:

   1. (a)

      to return his or her farm to a viable position; or

   2. (b)

      to secure alternative employment.

54

Subsections 52A(4) and (5)

After “(3)”, insert “or (3A)”.

55

Part 9B (heading)

Repeal the heading, substitute:

Part 9B—Farm help advice scheme

56

Subsection 52B(1)

Omit “The scheme is to be known as the restart advice scheme.”, substitute “On and after the farm help scheme payment commencement day, the scheme is to be known as the farm help advice scheme.”.

Note: The heading to section 52B is altered by omitting “Restart” and substituting “Farm help”.

57

Paragraph 52B(3)(b)

After “such directions”, insert “, or for the purpose of complying with an activity plan direction under subsection 13B(1) or 52A(3A)”.

58

Paragraph 52B(3)(c)

After “such a direction”, insert “, or of not complying with an activity plan direction under subsection 13B(1) or 52A(3A)”.

58A

Subsections 53(4) and 53A(8) (at the end of the definition of this Act)

Add “, the farm help re‑establishment grant scheme and the farm help advice scheme”.

59

Sections 54, 55, 55A, 56

Omit “restart” (wherever occurring), substitute “farm help”.

Note: The heading to section 55 is altered by omitting “restart” and substituting “farm help”.

60

Section 56 (note)

Omit “restart”, substitute “farm help”.

61

Subsection 57(4)

Omit “Restart”, substitute “Farm help”.

Schedule 2Consequential amendments of other Acts

Bankruptcy Act 1966

1

Paragraph 116(2)(mca)

Omit “restart”, substitute “farm help”.

Health Insurance Act 1973

2

Subsections 5DA(1) and (2)

Omit “restart”, substitute “farm help”.

Note: The heading to section 5DA is altered by omitting “restart” and substituting “farm help”.

3

Subsection 5DA(4)

Insert:

farm help income support means farm help income support under the Farm Household Support Act 1992.

4

Subsection 5DA(4) (definition of restart income support)

Repeal the definition.

Income Tax Assessment Act 1936

1. 5

   Subsection 79A(4) (paragraph (b) of the definition of prescribed allowance)

   Omit “restart” (wherever occurring), substitute “farm help”.

2. 6

   Subsection 160AAA(1) (paragraph (da) of the definition of rebatable benefit)

   Omit “restart”, substitute “farm help”.

Income Tax Assessment Act 1997

1. 7

   Section 11‑15 (table item headed “social security or like payments”)

   Insert in its appropriate alphabetical position, determined on a letter‑by‑letter basis:

farm help income support....................................... 53‑10 and 53‑15

1. 8

   Section 11‑15 (table item headed “social security or like payments”)

   Omit:

restart income support....................................... 53‑10 and 53‑15

9

Section 13‑1 (table)

Insert in its appropriate alphabetical position, determined on a letter‑by‑letter basis:

farm help income support

see social security and other benefit payments

1. 10

   Section 13‑1 (table item headed “primary production”)

   Insert in its appropriate alphabetical position, determined on a letter‑by‑letter basis:

farm help income support payments see social security and other benefit payments

1. 11

   Section 13‑1 (table item headed “primary production”)

   Omit:

restart income support payments see social security and other benefit payments

1. 12

   Section 13‑1 (table item headed “restart income support”)

   Repeal the item.

2. 13

   Section 13‑1 (table item headed “social security and other benefit payments”)

   Insert in its appropriate alphabetical position, determined on a letter‑by‑letter basis:

farm help income support under the Farm Household Support Act 1992............................ 160AAA(3)

1. 14

   Section 13‑1 (table item headed “social security and other benefit payments”)

   Omit:

restart income support under the Farm Household Support Act 1992............................ 160AAA(3)

1. 15

   Section 53‑10 (table items 3 and 4, column headed “This type of payment”)

   Omit “restart” (wherever occurring), substitute “farm help”.

16

Section 53‑15 (heading)

Repeal the heading, substitute:

53‑15Supplementary amount of exceptional circumstances relief payment or farm help income support

17

Subsection 53‑15(1)

Omit “restart” (wherever occurring), substitute “farm help”.

18

Section 53‑25

Omit “52 or”.

19

Section 995‑1 (definition of supplementary amount, table item 2)

Omit “restart”, substitute “farm help”.

Social Security Act 1991

1. 19A

   Subsection 23(1) (definition of Farm Household Support Act 1992)

   After “DEP scheme”, insert “, the farm help re‑establishment grant scheme and the farm help advice scheme”.

20

Sections 1227A and 1231A

Omit “restart” (wherever occurring), substitute “farm help”.

Note: The heading to sections 1227A and 1231A are altered by omitting “restart” and substituting “farm help”.

Schedule 3—Transitional provisions relating to farm help income support and the farm help re‑establishment grant scheme

Part 1Transitional provisions relating to Schedule 1

1. 1

   Restart beneficiaries automatically entitled to farm help

   (1) A person who was receiving restart income support immediately before the farm help scheme payment commencement day is, on and after that day, entitled to receive farm help income support without making a claim under Part 3 of the amended FHS Act.

   (2) Farm help income support is then payable to the person subject to the provisions of the amended FHS Act.

2. 2

   Payments of restart income support taken to be farm help income support

   A payment of restart income support made before the farm help scheme payment commencement day to a person is taken to be a payment of farm help income support to the person for the following purposes:

   1. (a)

      sections 8D and 8E of the amended FHS Act;

   2. (b)

      the farm help re‑establishment grant scheme;

   3. (c)

      the farm help advice scheme;

   4. (d)

      the DEP scheme.

3

Effect of directions etc.

If, before the farm help scheme payment commencement day, the Secretary gave a direction to a person under section 13A of the Farm Household Support Act 1992, or under the restart re‑establishment grant scheme, section 13A and section 52A of the amended FHS Act and the farm help advice scheme apply, after that day, as if the direction had been given to the person under section 13A of the amended FHS Act, or under the farm help re‑establishment grant scheme, as the case requires.

4

Claims made but not determined before farm help scheme payment commencement day

A claim for restart income support, or an application or request for a restart re‑establishment grant made, but not determined, before the farm help scheme payment commencement day is to be treated, after the farm help scheme payment commencement day, as if it were a claim for farm help income support, or an application or request for a farm help re‑establishment grant, as the case requires.

5

References to decisions in section 20

Section 20 of the amended FHS Act has effect as if a reference in that section to a decision rejecting a person’s claim for farm help income support included a reference to a decision made before the farm help scheme payment commencement day rejecting a person’s claim for restart income support.

6

Part 10

Part 10 of the amended FHS Act has effect after the farm help scheme payment commencement day as if references in that Part to farm help income support included references to restart income support.

6A

Effect of sections 53 and 53A

Subsections 53(4) and 53A(8) of the Farm Household Support Act 1992 are taken, for all purposes, to have effect as if the definition of this Act in each of those subsections had, throughout the period:

1. (a)

   beginning on 1 December 1997; and

2. (b)

   ending on the farm help scheme payment commencement day;

included a reference to the restart advice scheme and the restart re‑establishment grant scheme (within the meaning of the Farm Household Support Act 1992 as in force immediately before the farm help scheme payment commencement day).

Part 2Transitional provisions relating to Schedule 2

7

Transitional provisions

(1) Paragraph 116(2)(mca) of the Bankruptcy Act 1966 has effect after the farm help scheme payment commencement day as if the reference in that paragraph to a farm help re‑establishment grant included a reference to a restart re‑establishment grant.

(2) Section 5DA of the Health Insurance Act 1973 has effect after the farm help scheme payment commencement day as if references in that section to farm help income support included references to restart income support.

(3) The Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997 continue to have effect, after the farm help scheme payment commencement day, in relation to payments of restart income support made in respect of periods before that day, as if the repeals and amendments made by Schedule 2 had not happened.

(4) Sections 1227A and 1231A of the Social Security Act 1991 continue to have effect, after the farm help scheme payment commencement day, as if references in those sections to farm help income support included references to restart income support.

7A

Effect of certain definition in Social Security Act

Subsection 23(1) of the Social Security Act 1991 is taken, for all purposes, to have effect as if the definition of Farm Household Support Act 1992 in that subsection had, throughout the period:

1. (a)

   beginning on 1 December 1997; and

2. (b)

   ending on the farm help scheme payment commencement day;

included a reference to the restart advice scheme and the restart re‑establishment grant scheme (within the meaning of the Farm Household Support Act 1992 as in force immediately before the farm help scheme payment commencement day).

Part 3Definitions

8

Definitions

In this Schedule:

amended FHS Act means the Farm Household Support Act 1992 as amended and in force from time to time after the commencement of item 2 of Schedule 1 to the Farm Household Support Amendment Act 2000.

restart income support has the meaning given by the Farm Household Support Act 1992 as in force immediately before the farm help scheme payment commencement day.

restart re‑establishment grant has the meaning given by the Farm Household Support Act 1992 as in force immediately before the farm help scheme payment commencement day.

(152/00)

[Minister’s second reading speech made in—

House of Representatives on 7 September 2000

Senate on 27 November 2000]