Restart Re-establishment Grant Scheme Amendment 2000 (No. 3) (Cth)
Restart Re-establishment Grant Scheme Amendment 2000 (No. 3)
I, WARREN ERROL TRUSS, Minister for Agriculture, Fisheries and Forestry, make this instrument under subsection 52A (1) of the Farm Household Support Act 1992.
Dated 8 December 2000
WARREN TRUSS
Minister for Agriculture, Fisheries and Forestry
Name of instrument
This instrument is the Restart Re-establishment Grant Scheme Amendment 2000 (No. 3).
Commencement
This instrument commences on the commencement of Schedule 1 to the Farm Household Support Amendment Act 2000.
Amendment of Restart Re-establishment Grant Scheme 1997
Schedule 1 amends the Restart Re-establishment Grant Scheme 1997.
Schedule 1 Amendments
(section 3)
[1] Note before Part 1
omit each mention of
restart
insert
farm help
[2] Section 1.1
substitute
1.1 Name of Scheme
This Scheme is the Farm Help Re-establishment Grant Scheme 1997.
[3] Section 1.3, note
substitute
Note The following expressions are defined in the Act (section 3) and have the same meanings in this Scheme:
·Agency
·asset
·CEO
·farm enterprise
·farmer
·partner
·Secretary
·service arrangements.
[4] Section 2.1
substitute
2.1 Who can apply?
A person is eligible to apply for a re-establishment grant for a farm enterprise only if:
(a) the person is qualified for farm help income support under Division 1B of Part 2 of the Act; and
(b) the person has been a farmer in relation to the farm enterprise for a continuous period of at least 2 years immediately before the person applies for the grant.
[5] Section 2.3, note
omit
restart
insert
farm help
[6] Section 2.4, note
omit
Restart Advice Scheme.
insert
Farm Help Advice Scheme 1997.
[7] Part 2 after Division 2
insert
Division 3 Activity plan direction
2.5 Obligation to develop an activity plan
(1) The Secretary may direct a person who has applied for a re‑establishment grant to develop, and act in accordance with, an individual activity plan.
(2) A direction under subsection (1) is an activity plan direction.
(3) 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 subsection 13A (1) or 52A (3) of the Act.
(4) However, if the Secretary has given an activity plan direction to a person under subsection 13B (1) of the Act, the Secretary must not give an activity plan direction to the person under this section.
Note 1 For what an individual activity plan must be directed towards, see subsection 52A (3C) of the Act.
Note 2 For provision of assistance to a person for the purpose of complying with an activity plan direction, see the Farm Help Advice Scheme 1997 and subsection 52A (4) of the Act.
Note 3 For what happens if a person does not comply with an activity plan direction, see the Farm Help Advice Scheme 1997 and subsection 52A (5) of the Act.
[8] Section 3.1
substitute
3.1 Calculating the value of a person’s assets
(1) For this Scheme, the value of a person’s assets at a particular time is to be worked out in the same way as the value of those assets would be worked out under Part 3.12 of the Social Security Act 1991.
(2) However, for working out the value of a person’s assets for this Scheme:
(a) section 1118 of the Social Security Act 1991 is modified by omitting paragraphs 1118 (1) (a) and (b); and
(b) if the person has a partner, assets of the partner are taken to be assets of the person; and
(c) the person’s personal and household effects to a maximum value of $10 000 must be disregarded.
[9] Paragraph 3.2 (1) (b)
after
year
insert
, or such longer period as the Minister, in writing, allows under section 3.2A,
[10] Paragraphs 3.2 (1) (ba), (c) and (d)
substitute
(ba) immediately before the sale the person was effectively in control of the farm enterprise; and
(c) the sale was on commercial terms and at arm’s length; and
(d) the person and, if the person had a partner when the person applied for the re-establishment grant, the partner (whether or not they remain partners):
(i) are not farm owners or operators; and
(ii) do not own any farm plant or machinery, farm livestock or other assets essential for the effective running of a farm enterprise; and
[11] Paragraph 3.2 (1) (f)
substitute
(ea) the person has complied with any activity plan direction given to the person under section 13B of the Act or Division 3 of Part 2 of this Scheme; and
(f) the value of the person’s assets is less than $167 500; and
[12] Subparagraph 3.2 (1) (h) (ii)
omit
rejected.
insert
rejected; and
[13] After paragraph 3.2 (1) (h)
insert
(i) if the person had a partner when the person applied for the re‑establishment grant (whether or not they remain partners), the partner has not previously received a re-establishment grant; and
(j) if the person had a partner when the person applied for the re‑establishment grant (whether or not they remain partners), and the partner has asked to be paid a re-establishment grant:
(i) the partner has withdrawn the request; or
(ii) the request has been rejected.
[14] Section 3.3
substitute
3.2A Allowing a longer period for paragraph 3.2 (1) (b)
(1) For paragraph 3.2 (1) (b), the Minister may allow a longer period for the sale of a person’s farm enterprise only if:
(a) the 1 year mentioned in the paragraph for sale of the person’s farm enterprise ended on or after 1 July 2000; and
(b) there are reasonable grounds for believing that the farm enterprise was not sold within the 1 year because of matters beyond the control of the person; and
(c) the person’s farm enterprise has been sold and completion of the sale has taken place.
Examples of what may be reasonable grounds for paragraph (b)
1 The person made genuine attempts during the year to sell the farm enterprise, but no offers were made to buy it at or above its market value.
2 The person entered a voluntary foreclosure arrangement for the farm enterprise with another person, but the other person did not sell the farm enterprise.
3 The death or serious illness of the person or a member of the person’s family.
4 Delays by people (other than the person) or processes involved with the sale, for example, delays by a solicitor, bank or buyer.
(2) The period allowed by the Minister must end immediately after completion of the sale of the person’s farm enterprise took place.
(3) If the Minister allows such a longer period for the sale of a person’s farm enterprise:
(a) a decision by the Secretary (made before the longer period is allowed) that the person was not qualified to receive a re‑establishment grant for the farm enterprise is taken to be revoked; and
(b) the Secretary must reconsider whether the person is qualified to receive a re-establishment grant for the farm enterprise.
3.3 Deadline for requesting payment of grant
For a person who is qualified to receive a re-establishment grant to be paid the grant, the person must, on or before 28 February 2005:
(a) ask the Secretary, in writing, for the grant to be paid; and
(b) give to the Secretary the evidence mentioned in section 3.4.
[15] Section 3.5
omit
net
[16] Subsection 3.6 (1)
omit
net
[17] Subsection 3.6 (2)
substitute
(2) If the value of the person’s assets is more than $100 000 but less than $167 500, the amount payable is:
$45 000 – 2/3(N – $100 000) – FHIS
where:
N is the value (in dollars) of the person’s assets.
FHIS is the total amount (in dollars) of:
(a) any payments of farm help income support paid to the person; and
(b) any payments of farm help income support paid to the person’s partner.
[18] After Part 3
insert
Part 3A Farm Help Retraining Grants
3A.1 Definition
relevant course, for a person, means any of the following courses under which a qualification may be attained that would help the person obtain employment other than as a farmer:
(a) a course accredited under State or Territory requirements for the accreditation of vocational education and training courses;
(b) a vocational education and training course under which a qualification may be attained that is recognised under State or Territory requirements for the recognition of qualifications.
Examples of State and Territory requirements for the recognition of qualifications
1 A qualification specified in a Training Package under the Northern Territory Employment and Training Authority Act 1999 of the Northern Territory.
2 Skills or knowledge recognised under a national training system of qualifications under the Training and Employment Act 2000 of Queensland.
3A.2 Farm help retraining grants
(1) Financial assistance under this Part is an additional component of a re-establishment grant.
(2) Financial assistance is known as a farm help retraining grant.
3A.3 Eligibility for a farm help retraining grant
A person is eligible to receive a farm help retraining grant if:
(a) the person has received a re-establishment grant under Part 3 on or after 1 July 2000; and
(b) the person applies, in writing, to the Secretary to receive the grant.
3A.4 Amount of farm help retraining grant
The total amount of a farm help retraining grant paid to a person and, if the person had a partner when the person applied for the re‑establishment grant under Part 2, the partner (whether or not they remain partners) must not be more than $3 500.
Note The amount of a farm help retraining grant mentioned in this section has been worked out to take into account the price of the taxable supply of relevant courses and associated goods and services that may be obtained using the grant. For the meanings of price and taxable supply, see the A New Tax System (Goods and Services Tax) Act 1999.
3A.5 How farm help retraining grant must be used
(1) A farm help retraining grant may only be used by the following people:
(a) the person who is eligible to receive the grant;
(b) if the person had a partner when the person applied for the re‑establishment grant under Part 2, the partner (whether or not they remain partners).
(2) The farm help retraining grant may only be used in the following ways:
(a) to pay the costs for the person or partner to undertake a relevant course that starts after the person applied for the re‑establishment grant under Part 2;
(b) to pay the costs associated with undertaking the course (for example, books, travelling, accommodation and child care expenses).
(3) However:
(a) the farm help retraining grant may only be used to pay that part of travelling and accommodation costs that is necessary to obtain a means of transport, and standard of accommodation, that is reasonable taking into account the following matters:
(i) the place where the course is conducted;
(ii) the distance between the person’s place of normal residence and the place where the course is conducted;
(iii) any medical condition of the person for which particular transport or accommodation is needed; and
(b) the farm help retraining grant may be used to pay for child care only if the child care is provided under a licence in force under a law of a State or Territory.
(4) The farm help retraining grant may only be used to pay for those costs within 18 months after the person received the re‑establishment grant under Part 3.
3A.6 Providing a farm help retraining grant
(1) If there are reasonable grounds for believing that a person is eligible to receive a farm help retraining grant, the Secretary must, as soon as practicable, give to the people who may use the grant under subsection 3A.5 (1) a written authorisation to use, between those people, up to a total of $3 500 in accordance with subsections 3A.5 (2), (3) and (4).
(2) However, the Secretary must not authorise a person unless the person agrees, in writing, with the Secretary that, if the grant is used to pay for the person to undertake a relevant course and the person fails to complete the course (other than because of matters beyond the control of the person), the amount of the grant used to pay for the course and costs associated with undertaking the course may be recovered by the Secretary as a debt due to the Commonwealth.
Examples of what may be matters beyond the control of a person
1 The person has a medical condition that prevents the person completing the course.
2 The death or serious illness of a member of the person’s family.
(3) Subject to section 3A.4 and subsections 3A.5 (3) and (4), on presentation of an invoice for a cost mentioned in subsection 3A.5 (2) relating to a person who has an authorisation under subsection (1), the Secretary must pay the amount owed.
(4) Subject to section 3A.4 and subsections 3A.5 (3) and (4), on presentation of a receipt for a cost mentioned in subsection 3A.5 (2) relating to a person who has an authorisation under subsection (1), the Secretary must reimburse the person who paid the cost.
3A.7 Notice of decision
If the Secretary decides that a person who has applied for a farm help retraining grant is not eligible for the grant, or decides not to pay an amount or reimburse a cost, the Secretary must, as soon as practicable, tell the person, in writing:
(a) the decision that was made; and
(b) the reasons for the decision; and
(c) that the person may apply for review of the decision.
Note Part 4 of the Social Security (Administration) Act 1999 provides for review of all decisions of an officer under the Farm Household Support Act 1992 (including decisions under this Scheme) first by the Secretary, the CEO or an authorised review officer, then by the Social Security Appeals Tribunal and finally by the Administrative Appeals Tribunal.
[19] Sections 4.1 and 4.2
substitute
4.1 Review of decisions
Application may be made to the Administrative Appeals Tribunal for review of a decision of the Minister under subsection 3.2A (1) not to allow a longer period for the sale of a person’s farm enterprise.
Note Part 4 of the Social Security (Administration) Act 1999 provides for review of all decisions of an officer under the Farm Household Support Act 1992 (including decisions under this Scheme) first by the Secretary, the CEO or an authorised review officer, then by the Social Security Appeals Tribunal and finally by the Administrative Appeals Tribunal. However, Part 4 does not cover review of the Minister’s decisions.
4.2 Delegation
The Minister may, in accordance with service arrangements, delegate in writing his or her power under subsection 3.2A (1) to the CEO or an employee of the Agency.
Note For provisions about delegation of the Secretary’s powers under this Scheme, see sections 53 and 53A of the Act.
4.3 Transitional
(1) Subsection (2) applies if, before the farm help scheme payment commencement day, a person applied for a re-establishment grant under the Restart Re-establishment Grant Scheme 1997 as in force immediately before that day.
(2) Paragraph 3.2 (1) (a) applies to the person and the application as if the reference in the paragraph to a person being eligible to apply for a re-establishment grant were a reference to the person being eligible to apply for a re-establishment grant under the Restart Re‑establishment Grant Scheme 1997 as in force immediately before the farm help scheme payment commencement day.
(3) For a person who became qualified for restart income support, in relation to a sale mentioned in subsection 3.2 (1A), before the farm help scheme payment commencement day, the reference in that subsection to becoming qualified for farm help income support in relation to the sale is taken to be a reference to becoming qualified for the restart income support.
(4) For this Scheme, a re-establishment grant paid to a person under the Restart Re-establishment Grant Scheme 1997 as in force immediately before the farm help scheme payment commencement day is taken to be a re-establishment grant paid to the person under this Scheme.
(5) For this Scheme, a decision by the Secretary that a person was not qualified to receive a re-establishment grant under the Restart Re‑establishment Grant Scheme 1997 as in force immediately before the farm help scheme payment commencement day is taken to be a decision that the person was not qualified for a re‑establishment grant under this Scheme.
(6) In this section:
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.
Note For the definition of farm help scheme payment commencement day, see subsection 3 (2) of the Act.
[20] Further amendments — farm help
The following provisions are amended by omitting each mention of ‘restart’ and inserting ‘farm help’:
·subsections 2.3 (1) and (2)
·subparagraph 3.2 (1) (b) (i)
·subsection 3.2 (1A)
·section 3.5
·subsection 3.6 (1).
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