Farm Household Support Regulations 1993 (Cth)

Farm Household Support Regulations 1993

Statutory Rules 1993 No. 36 as amended

made under the

Farm Household Support Act 1992

This compilation was prepared on 8 July 2011

taking into account amendments up to SLI 2011 No. 70

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

      1Name of Regulations [see Note 1]

 These Regulations are the Farm Household Support Regulations 1993.

2Commencement

 These Regulations commence on 20 March 1993.

3Interpretation

 In these Regulations, unless the contrary intention appears:

Act means the Farm Household Support Act 1992.

4Finance institution

 For the purposes of paragraph (b) of the definition of finance institution in subsection 3 (2) of the Act, the following institutions that make finance available to farmers are prescribed:

• (a)

  bodies corporate authorised under Part II of the Banking Act 1959 to carry on banking business in Australia; and

• (b)

  registered corporations within the meaning of the Financial Corporations Act 1974; and

• (c)

  organisations of a State or Territory that:

  • (i)

    administer all or part of the Rural Adjustment Scheme within the meaning of the Rural AdjustmentAct 1992; and

  • (ii)

    have a lending function for the provision of working capital.

4AEnding farm help income support – prescribed day (Act s 6B)

• (1)

  For paragraph 6B (a) of the Act, 30 June 2008 is prescribed.

• (2)

  For paragraph 6B (b) of the Act, 30 June 2009 is prescribed.

4BEnding exceptional circumstances relief payments for small businesses – prescribed day (Act s 6C)

• (1)

  For subsection 6C (1) of the Act, 30 June 2012 is prescribed.

• (2)

  For subsection 6C (2) of the Act, 30 June 2012 is prescribed.

5Prescribed adviser (Act s 8B)

• (1)

  For subparagraph 8B (1) (d) (i) and paragraph 8B (1) (e) of the Act, a person is a prescribed adviser if he or she:

  • (a)

    has relevant financial qualifications; and

  • (b)

    is a member of a professional association whose members normally provide financial advice.

  Note   A person can obtain relevant financial qualifications by completing a course of post‑secondary study that is relevant to giving financial advice and recognised by a professional association whose members normally give financial advice.

• (2)

  For subparagraph 8B (1) (d) (i) and paragraph 8B (1) (e) of the Act, if a farmer whose residence is away from a population centre is not practicably able to seek advice from a person referred to in subregulation (1), a person is a prescribed adviser for the farmer if the person:

  • (a)

    has experience in financial matters because of his or her occupation (whether or not he or she normally provides, or provided, advice); and

  • (b)

    is a member of a relevant professional association.

• (3)

  For paragraph (2) (a), occupations that give a person experience in financial matters include the following:

  • (a)

    accountant;

  • (b)

    bank manager;

  • (c)

    stock and station agent;

  • (d)

    tax agent.

6Rate of exceptional circumstances relief payment for farmers – closing day (Act s 24A)

 For paragraph 24A (4) (b) of the Act, the closing day is 30 June 2012.

7Rate of exceptional circumstances relief payment for small business operators – closing day (Act s 24AA)

 For paragraph 24AA (5) (c) of the Act, the closing day is 30 June 2011.

Notes to the Farm Household Support Regulations 1993

Note 1

The Farm Household Support Regulations 1993 (in force under the Farm Household Support Act 1992) as shown in this compilation comprise Statutory Rules 1993 No. 36 amended as indicated in the Tables below.

Table of Instruments

Year and number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
1993 No. 36	9 Mar 1993	20 Mar 1993
2004 No. 206	1 July 2004	1 July 2004	—
2005 No. 68	28 Apr 2005 (see F2005L00948)	29 Apr 2005	—
2006 No. 205	11 Aug 2006 (see F2006L02560)	12 Aug 2006	—
2007 No. 130	12 June 2007 (see F2007L01606)	1 July 2007	—
2008 No. 77	2 June 2008 (see F2008L01665)	30 June 2008	—
2008 No. 247	18 Dec 2008 (see F2008L04548)	30 June 2008	—
2009 No. 89	5 June 2009 (see F2009L02111)	1 July 2009	—
2010 No. 109	8 June 2010 (see F2010L01536)	1 July 2010	—
2011 No. 70	7 June 2011 (see F2011L00962)	8 June 2011	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1.........................................	rs. 2004 No. 206
R. 4A.......................................	ad. 2007 No. 130
rs. 2008 No. 77
R. 4B.......................................	ad. 2008 No. 247
rs. 2009 No. 89
am. 2010 No. 109; 2011 No. 70
R. 5.........................................	ad. 2004 No. 206
Note to r. 5 (1).......................	ad. 2005 No. 68
R. 6.........................................	ad. 2006 No. 205
rs. 2009 No. 89
am. 2010 No. 109; 2011 No. 70
R. 7.........................................	ad. 2009 No. 89
am. 2010 No. 109