Rural Adjustment Act 1995 (TAS)

Rural Adjustment Act 1995

An Act to give effect to a scheme for the support of persons engaged in the farm sector

[Royal Assent 15 September 1995]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Rural Adjustment Act 1995 . 2CommencementThis Act commences on the day on which it receives the Royal Assent. 3Interpretation (1)  In this Act, unless the contrary intention appears – Agreement means the agreement, a copy of which is set out in Schedule 1 ; Authority means the Tasmanian Development Authority established under the Tasmanian Development Act 1983 ; financial assistance includes financial assistance by way of agreement or a loan; [Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] Scheme means the Rural Adjustment Scheme continued under section 6 ; [Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] spouse, in relation to a person, includes the person who is in a significant relationship, within the meaning of the Relationships Act 2003 , with that person. (2)  A reference to the Agreement includes – (a) a reference to the Agreement as amended from time to time in accordance with clause 25 (3) of the Agreement ; and (b) any other agreement authorized, approved or ratified by Parliament for the operation of the Scheme. (3)  A word or expression used in this Act and which is defined in the Agreement has, unless the contrary intention appears, the same meaning as in the Agreement . 4Application of ActThis Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. 5Ratification and Deed of Agreement (1)  The execution of the Agreement is ratified. (2)  The provisions of the Agreement have the force of law as if the Agreement were enacted by this Act. (3)  The Minister, relevant statutory authorities and agencies, on behalf of the State – (a) are empowered and required to do all things necessary to implement and enforce the Agreement ; and (b) are empowered to exercise all powers, rights and discretions conferred on them respectively under the Agreement ; and (c) are required to perform all obligations imposed on them respectively under the Agreement . PART 2Rural Adjustment Scheme6Rural Adjustment Scheme (1)  The Rural Adjustment Scheme established under section 5 of the Rural Adjustment Act 1977 and continued under section 6 of the Rural Adjustment Act 1988 and section 6 of the Rural Adjustment Act 1990 to provide financial assistance to persons engaged in rural industries is continued so as to provide support to persons engaged in the farm sector. (2) The Authority must administer and operate the Scheme on behalf of the State. 7Functions of AuthorityThe functions of the Authority are – (a) the operation of the Scheme; and (b) such other functions as the Minister determines. 8Powers of Authority (1)  For the purpose of enabling it to carry out the functions referred to in section 7 , the Authority may exercise all powers, rights, privileges and discretions as are necessary to carry out those functions. (2)  For the purpose of meeting the objectives of the Scheme and the Agreement , the Authority may trade in or otherwise deal with land. 9Application for support under Scheme (1) A farmer who is eligible under the Scheme may apply to the Authority for support under the Scheme. (2)  An application under subsection (1) is to be made in the form and manner determined by the Authority. (3) For the purpose of considering an application, the Authority may require – (a) the applicant to make a statutory declaration in relation to any statement made in that application; and (b) the applicant, the applicant’s spouse and any creditor of the applicant to produce the information, accounts and documents which the Authority considers relevant. 10Grant of support (1)  Subject to the Agreement , the Authority may – (a) grant support subject to such conditions as it determines; or (b) refuse to grant support. (2) Without limiting the conditions the Authority may determine under subsection (1) (a) , the Authority must make the grant of support subject to the condition that the applicant work and manage the farm enterprise in respect of which the support is granted to the satisfaction of the Authority. (3) The Authority may alter, revoke or substitute a condition determined by it under this section, other than the condition specified in subsection (2) . 11Security for loans (1) The repayment of any loan made under the Scheme together with the interest on the loan is to be secured in the manner determined by the Authority. (2) The Authority may, in the interests of a farmer, consent to the postponement of any security given by the farmer in favour of another person if – (a) that other person agrees in writing with the Authority to lend money to the farmer in consideration of the postponement; and (b) the money is lent to the farmer for such purposes as the Authority may determine. (3) Where a security taken by or on behalf of the Authority – (a) is in respect of any chattels or land, the chattels or land must not be disposed of or otherwise dealt with without the consent of the Authority; and (b) is a mortgage in respect of land under the Land Titles Act 1980 , the mortgage operates as provided in this section from the date of its lodgement for registration. (4)  Where a loan has been made under the Scheme – (a) the money lent; or (b) any right of the borrower to the loan under any instrument or by reason of a deposit; or (c) any property bought with the loan – is not and must not be affected by, or taken under, any process of execution or any judgement or order against the borrower obtained by a person other than the Authority. PART 3Offences12False or misleading statementsA person must not make a statement or representation knowing or believing that the statement or representation is false or misleading – (a) in relation to an application under this Act; or (b) with respect to the amount or nature of any assets or any debt due or any claim against the person or the person’s estate.

Penalty:  Fine not exceeding 50 penalty units.

13Failure to comply with requirements, terms and conditionsA person must not, without reasonable cause, fail or neglect to comply – (a) with a lawful requirement of the Authority; or (b) with any conditions determined by the Authority under section 10 .

Penalty:  Fine not exceeding 50 penalty units.

PART 4Miscellaneous14Fees and chargesThe Authority may – (a) impose a fee for any service it provides under this Act; and (b) make a charge in respect of any legal costs incurred by it in relation to the granting of support under this Act. 15Banking of money received [Section 15 Amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] All money received by the Authority in relation to the Scheme is to be paid into the account kept for that purpose in the Public Account and applied in accordance with the Scheme. 16Accounts (1) The Authority must keep accounts of its transactions in relation to the Scheme. (2)  The accounts kept under subsection (1) form part of the accounts of the Authority. 17Exemption from stamp duty [Section 17 Amended by No. 15 of 2001, Sched. 2, Applied:01 Jul 2001] An instrument made by the Authority for the purposes of this Act may be filed, recorded or registered without payment of any fee. 18Regulations (1)  The Governor may make regulations for the purposes of this Act. (2)  Without limiting subsection (1) , regulations may be made with respect to – (a) the fees payable in respect of any matter under this Act; and (b) the procedure in respect of an application or proceeding; and (c) the duties and conduct of applicants for support under the Scheme; and (d) the verification of any matter or thing. (3)  Regulations made under this section may – (a) provide that a contravention of, or failure to comply with, any of the regulations is an offence; and (b) in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues. 19Savings and transitional provisionsThe transitional and savings provisions set out in Schedule 2 have effect. 20ValidationThe exercise and performance of any powers and duties by the Authority before the commencement of this Act to give effect to the objectives of the Agreement are as valid and effectual as if this Act had commenced. 21RepealThe Rural Adjustment Act 1990 is repealed. 22Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 – (a) the administration of this Act is assigned to the Minister for State Development and Resources; and (b) the Department responsible to the Minister for State Development and Resources in relation to the administration of this Act is the Authority. Schedule 1The Agreement

Section 3

Schedule 2Savings and Transitional Provisions

Section 19

1.   Interpretation In this Schedule, repealed Act means the Rural Adjustment Act 1990 . 2.   Applications for financial assistance An application for financial assistance under the Scheme made under section 9 of the repealed Act which has not been dealt with immediately before the commencement of this Act is taken to have been made as an application for support under the Scheme under section 9 of this Act. 3.   Advances and securities Any financial assistance given by the Authority and any security given in respect of such assistance under the repealed Act and in force immediately before the commencement of this Act continues to have effect as if they were given as support and security under this Act. 4.   Funds of Authority Any money held by or on behalf of, or payable to, the Authority under the repealed Act is held by or on behalf of, or payable to, the Authority under this Act.