Restart Re-establishment Grant Scheme Amendment 1999 (No. 1) (Cth)

Restart Re-establishment Grant Scheme Amendment 1999 (No. 1)

I, MARK ANTHONY JAMES VAILE, Minister for Agriculture, Fisheries and Forestry, make this instrument under subsection 52A (1) of the Farm Household Support Act 1992.

Dated 7 July 1999.

MARK VAILE

Minister for Agriculture, Fisheries and Forestry

Restart Re-establishment Grant Scheme Amendment 1999 (No. 1)

made under the

Farm Household Support Act 1992

Contents

Page

1  Name of instrument   2

2  Commencement   2

3  Amendment of Restart Re-establishment Grant Scheme 1997 2

Schedule 1       Amendments  3

1. Name of instrument

This instrument is the Restart Re-establishment Grant Scheme Amendment 1999 (No. 1).

1. Commencement

This instrument commences on gazettal.

1. Amendment of Restart Re-establishment Grant Scheme 1997

Schedule 1 amends the Restart Re-establishment Grant Scheme 1997.

Schedule 1        Amendments

(section 3)

[1]         Section 1.3, after definition of Act

insert

effectively in control has the same meaning as it has in section 8C of the Act.

[2]         Subsection 3.1 (1) and (2)

substitute

(1)   For this Part:

net assets, for a person, means the person’s net assets (within the meaning of section 1118 of the Social Security Act 1991), other than personal and household effects to a maximum value of $10,000.

(2) However, for subsection (1), section 1118 of the Social Security Act 1991 is modified by omitting paragraphs (1) (a) and (b).

[3]         After paragraph 3.2 (1) (b)

insert

(ba)    the Secretary is satisfied that, immediately before the sale, the person was effectively in control of the farm enterprise; and

[4]         Paragraphs 3.2 (1) (g) and (h)

substitute

(g)    the person has not previously received:

(i)    a re-establishment grant under this scheme; or

(ii)    a re-establishment grant under an agreement subject to the Rural Adjustment Act 1992; or

(iii)    a grant under the program known as the Pork Producer Exit Program; and

(h)    if the person has applied for a grant of a kind mentioned in subparagraph (g) (ii) or (iii):

(i)    he or she has withdrawn that application; or

(ii)    the application has been rejected.

[5]         After subsection 3.2 (1)

insert

(1A) For paragraph (1) (ba), and despite section 8C of the Act, a person is taken to have been effectively in control of a farm enterprise immediately before the sale of the enterprise if, after becoming qualified for restart income support, but before the sale, the person:

(a)    entered into a valid and enforceable deed of assignment or arrangement, or a composition, under Part X of the Bankruptcy Act 1966; or

(b)    allowed a mortgagee to take possession of, or sell, the farm enterprise:

(i)    without having defaulted on the mortgage; or

(ii)    having defaulted on the mortgage, but before the mortgagee had started enforcement action in relation to the default.

[6]         Subsection 3.4 (3)

omit

at the time of the sale.

insert

immediately before the sale.

[7]         Subsection 3.4 (4)

omit