Farm Household Support Amendment Act 2003 (Cth)

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Farm Household Support Amendment Act 2003

No. 115, 2003

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

Contents

Farm Household Support Amendment Act 2003

No. 115, 2003

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

[Assented to 27 November 2003]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Farm Household Support Amendment Act 2003.

2Commencement
  1. (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.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.

Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

27 November 2003

2.

Schedule 1,

items 1 to 24

The day on which this Act receives the Royal Assent.

27 November 2003

3.

Schedule 1,

item 25

At the same time as item 2 of Schedule 1 to the Farm Household Support Amendment Act 2000 commenced.

18 December 2000

4.

Schedule 1,

items 26 to 36

The day on which this Act receives the Royal Assent.

27 November 2003

5.

Schedule 2, item 1

Immediately after the time specified in the Farm Household Support Amendment Act 2000 for the commencement of item 51 of Schedule 1 to that Act.

18 December 2000

6.

Schedule 2, items 2 and 3

The day on which this Act receives the Royal Assent.

27 November 2003

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

  1. (2)

    Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1Amendment of the Farm Household Support Act 1992Part 1Amendments1

Subsection 3(2)

Insert:

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

2

Subsection 3(2) (definition of farm help advice scheme)

Repeal the definition.

3

Subsection 3(2) (paragraph (c) of the definition of farm help scheme payments)

Repeal the paragraph, substitute:

  1. (c)

    payments of farm help advice and training grants.

4

Subsection 4(1)

After “a finance institution”, insert “that is a primary lender”.

5

Subsections 4(2) and (3)

Repeal the subsections, substitute:

  1. (2)

    A certificate in respect of a farmer has effect for 13 months from the day on which it was issued.

  2. (3)

    However, a certificate in respect of a farmer ceases to have effect if:

    1. (a)

      the farmer does not lodge such a claim within a month after the day the certificate is issued; or

    2. (b)

      a finance institution makes a loan available to the farmer; or

    3. (c)

      if the farmer is receiving farm help income support—farm help income support ceases to be payable to the farmer.

6

Subsection 4(4)

Insert:

primary lender, in relation to a farmer, means:

  1. (a)

    if the farmer does not owe a debt to a finance institution—any finance institution; or

  2. (b)

    if the farmer owes a debt to only one finance institution—that institution; or

  3. (c)

    if the farmer owes a debt to 2 or more finance institutions—the institution to which the greatest debt is owed.

7

Paragraph 6B(a)

Omit “30 November 2003”, substitute “30 June 2004”.

8

Paragraph 6B(b)

Omit “30 November 2004”, substitute “30 June 2005”.

9

Paragraph 9(3)(f)

Omit “farm help advice scheme”, substitute “farm help advice and training scheme”.

10

Section 13A

Omit “farm help advice scheme” (wherever occurring), substitute “farm help advice and training scheme”.

11

Subsection 13B(1)

Omit “may direct a person to whom farm help income support is payable”, substitute “must direct a person who has made a claim for farm help income support”.

12

Subsection 13B(2)

Repeal the subsection.

13

After paragraph 13B(3)(a)

Insert:

  1. (aa)

    to keep his or her farm in a viable position; or

14

Subsection 13B(4)

Omit “farm help advice scheme”, substitute “farm help advice and training scheme”.

15

Subsection 13B(5)

Repeal the subsection, substitute:

  1. (5)

    The consequences for failing to comply with an activity plan direction are determined in accordance with the farm help advice and training scheme (see paragraph 52B(3)(c)).

16

Subsection 52A(3)

Omit “restart advice scheme”, substitute “farm help advice and training scheme”.

17

Subsections 52A(3A), (3B) and (3C)

Repeal the subsections.

18

Subsection 52A(4)

Omit “or (3A)”.

19

Subsection 52A(4)

Omit “restart advice scheme”, substitute “farm help advice and training scheme”.

20

Subsection 52A(5)

Omit “or (3A)”.

21

Subsection 52A(5)

Omit “restart advice scheme”, substitute “farm help advice and training scheme”.

22

Part 9B (heading)

Repeal the heading, substitute:

Part 9B—Farm help advice and training scheme

23

Subsection 52B(1)

Repeal the subsection, substitute:

  1. (1)

    The Minister may, by written instrument:

    1. (a)

      formulate a scheme under which farmers and their families are provided with assistance for the purpose of obtaining the following:

      1. (i)

        advice to assist farmers to assess their long‑term prospects;

      2. (ii)

        training;

      3. (iii)

        software needed for the purpose of, or as a result of, advice or training under the scheme; and

    2. (b)

      provide for the implementation and regulation of the scheme.

The scheme is to be known as the farm help advice and training scheme and a grant is to be known as the farm help advice and training grant.

Note: The heading to section 52B is replaced by the heading “Farm help advice and training scheme”.

24

Paragraphs 52B(2)(d) and (e)

After “advice”, insert “or training”.

25

Paragraph 52B(3)(a)

Omit “restart”, substitute “farm help”.

26

Paragraph 52B(3)(b)

Omit “or 52A(3A)”.

27

Paragraph 52B(3)(c)

Repeal the paragraph, substitute:

  1. (c)

    provide a method for determining the consequence, for the payment of farm help scheme payments, of a person not complying with:

    1. (i)

      such a direction; or

    2. (ii)

      an activity plan direction under subsection 13B(1).

28

Subsection 53(4) (definition of this Act)

Omit “farm help advice scheme”, substitute “farm help advice and training scheme”.

29

Subsection 53A(8) (definition of this Act)

Omit “farm help advice scheme”, substitute “farm help advice and training scheme”.

Part 2Application, saving and transitional provisions30

Definitions

In this Part:

commencement means the commencement of this item.

Principal Act means the Farm Household Support Act 1992.

31

Certificates of inability to obtain finance

(1) The amendments made by items 4, 5 and 6 apply to certificates of inability to obtain finance issued after commencement.

(2) If:

  1. (a)

    a certificate of inability to obtain finance was issued to a farmer before commencement; and

  2. (b)

    the certificate was in effect immediately before commencement;

then the certificate has effect for 13 months from the day on which it was issued.

(3) However, the certificate ceases to have effect if:

  1. (a)

    a finance institution makes a loan available to the farmer; or

  2. (b)

    if the farmer is receiving farm help income support—farm help income support ceases to be payable to the farmer.

32

Extension of farm help income support

The amendment made by item 8 applies to claims lodged, or taken to have been lodged, before or after commencement.

33

Activity plan directions under section 13B

(1) The amendments made by items 11, 12, 13 and 15 apply in relation to claims for farm help income support made after commencement.

(2) Despite the amendments made to section 13B of the Principal Act by items 11, 12, 13 and 15, that section, as in force immediately before commencement, continues in force after commencement, in relation to claims for farm help income support made before commencement, as if the amendments had not been made.

(3) Despite the amendments made to section 13B of the Principal Act by items 11, 12, 13 and 15, an activity plan direction that:

  1. (a)

    was given, before commencement, under section 13B of the Principal Act; and

  2. (b)

    was in force immediately before commencement;

continues in force after commencement, as if the amendments had not been made.

34

Activity plan directions under the farm help re‑establishment grant scheme

(1) The amendments made by items 17, 18, 20 and 26 apply in relation to claims for re‑establishment grant made after commencement.

(2) Despite the repeal of subsections 52A(3A), (3B) and (3C) of the Principal Act made by item 17, those subsections, as in force immediately before commencement, continue in force after commencement in relation to claims for re‑establishment grant made before commencement, as if the repeal had not been made.

(3) Despite the repeal of subsections 52A(3A), (3B) and (3C) of the Principal Act made by item 17, the provisions of the farm help re‑establishment grant scheme that:

  1. (a)

    were made under those subsections; and

  2. (b)

    were in force immediately before commencement;

continue in force after commencement in relation to claims for re‑establishment grant made before commencement, as if the repeal had not been made.

(4) Despite the repeal of subsections 52A(3A), (3B) and (3C) of the Principal Act made by item 17, an activity plan direction that:

  1. (a)

    was given, before commencement, under a provision of the farm help re‑establishment grant scheme that was made under those subsections; and

  2. (b)

    was in force immediately before commencement;

continues in force after commencement, as if the repeal had not been made.

35

Farm help advice and training scheme

(1) Despite the repeal of subsection 52B(1) of the Principal Act made by item 23, the farm help advice scheme (the old scheme):

  1. (a)

    made under that subsection; and

  2. (b)

    as in force immediately before commencement;

continues in force after commencement as if it were made under that subsection (as substituted by this Act) and called the farm help advice and training scheme (the new scheme).

(2) The amendments made by items 1, 2, 3, 9, 10, 14, 16, 19, 21, 22, 23, 24, 28 and 29 apply in relation to claims for farm help advice and training grant made after commencement.

(3) A person who, immediately before commencement, was eligible to receive assistance under the old scheme is taken, immediately after commencement, to be eligible to receive farm help advice and training grant under the new scheme, and any payments made to the person under the old scheme are taken to have been made under the new scheme.

(4) A person who, immediately before commencement, was eligible to receive farm help retraining grant under the farm help re‑establishment grant scheme is taken, immediately after commencement, to be eligible to receive farm help advice and training grant under the new scheme, and any payments of farm help retraining grant made to the person under the farm help re‑establishment grant scheme are taken to have been made under the new scheme.

(5) If a payment under the new scheme is to be made to a person covered by subitem (3) or (4), the Secretary may direct the person to develop, and act in accordance with, an individual activity plan as specified in the direction.

(6) The Principal Act, and instruments made under the Principal Act, apply to a direction given under subitem (5) as if it were an activity plan direction given under subsection 13B(1) of the Principal Act.

36

Application of item 27

The amendment made by item 27 applies in relation to breaches, made after commencement, of directions given before or after commencement.

Schedule 2Amendment of other Acts

Farm Household Support Amendment Act 2000

1

Item 51 of Schedule 1

Omit “, after the”, substitute “after the”.

Social Security Act 1991

  1. 2

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

    Omit “farm help advice scheme”, substitute “farm help advice and training scheme”.

3

Application of item 2

The amendment made by item 2 applies in relation to claims for farm help income support made after the commencement of this item.

(154/03)

[Minister’s second reading speech made in—

House of Representatives on 17 September 2003

Senate on 14 October 2003]

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