EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Agriculture, Fisheries and Forestry
FARM HELP ADVICE AND TRAINING SCHEME AMENDMENT 2008 (No. 1)
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Subsection 52B (1) of the Farm Household Support Act 1992 provides that the Minister may, by written instrument, formulate a scheme to be known as the farm help advice and training scheme, to grant assistance to eligible farmers and their families to obtain advice to assess their long term prospects, obtain training or obtain software needed for the purpose of, or as a result of advice or training under the scheme. Such a grant is to be known as the farm help advice and training grant.
A person who applies for farm help income support assistance under the Farm Household Support Act 1992 is required to obtain a financial assessment of the farm enterprise and will be granted assistance to obtain that advice under the farm help advice and training scheme. The person will need to undertake a financial assessment and develop an activity plan before income support and/or a re-establishment grant is payable. The advice and training grant may be used, in accordance with the person’s activity plan, to obtain advice, undertake training and obtain appropriate computer software.
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The Farm Help Program was identified for savings to help fund the Australia’s Farming Future policy initiative and accordingly is being concluded. Amendments to the Farm Household Support Regulations 1993, the Farm Help Advice and Training Scheme 1997 and the Farm Help
Re-establishment Grant Scheme 1997 will formally conclude the Farm Help Program.
Consultation was undertaken with the Attorney-General’s Department (Office of Legislative Drafting and Publishing), the Office of Best Practice Regulation and Centrelink during the development of this note.
Farm Help Advice and Training Scheme Amendment 2008 (No. 1)
1 Name of Scheme
This item identifies the name of the Scheme as the Farm Help Advice and Training Scheme Amendment 2008 (No. 1).
2 Commencement
This item refers to the Scheme’s commencement date on 30 June 2008.
3 Amendment of Farm Help Advice and Training Scheme 1997
This item refers to the amendment by Schedule 1 of the Farm Help Advice and Training Scheme 1997.
Schedule 1 Amendments
[1] After section 1.3
This item inserts reference to a new section 1.4 which sets out the date when the Scheme ceases to have effect, being the end of 30 June 2009.
[2] Section 2.4
This item amends the section and clarifies when a grant must be used, according to whether the eligible person receives farm help income support or chooses not to, or subsequently receives a
re-establishment grant.
[3] Section 2.12 (1)
This item inserts a deadline of before the end of 30 April 2009 to request provision of a grant for obtaining training.
[4] Section 2.12 (3)
This item inserts a deadline of before the end of 31 May 2009 to request payment of a grant on presentation of a receipt or invoice for the provision of training or incidental expenses.
[5] Subsection 2.14 (1)
This item inserts a deadline of before the end of 30 April 2009 to request provision of a grant for computer software.
[6] Subsection 2.14 (2)
This item inserts a deadline of before the end of 31 May 2009 to request payment of a grant on presentation of an invoice for the supply of computer software.
[7] Subsection 2.14 (3)
This item inserts a deadline of before the end of 31 May 2009 to request payment of a grant on presentation of a receipt for computer software.
Overview
The Farm Help Advice and Training Scheme Amendment 2008 (No. 1), enacted by the Parliament of Australia, amends the Farm Help Advice and Training Scheme 1997 to formally conclude the Farm Help Program. The amendments were introduced to align with the Australia’s Farming Future policy initiative, which sought to redirect savings from the Farm Help Program towards other agricultural support initiatives. The primary objective of this legislation is to establish specific deadlines for the requests and payments of grants related to training and computer software, thereby ensuring a structured and timely conclusion of the program. This amendment aims to provide clarity and finality to the Farm Help Program, allowing for a smooth transition to new agricultural support measures.
Scope and Application
The Farm Help Advice and Training Scheme Amendment 2008 (No. 1) pertains to the Farm Household Support Act 1992, specifically targeting eligible farmers and their families who seek assistance to obtain advice and training that assess their long-term prospects. The scheme grants financial support for obtaining advice, training, or necessary software. This support is integral to the process of applying for farm help income support assistance, which requires a financial assessment of the farm enterprise and the development of an activity plan. The grant may be used in accordance with the individual's activity plan to obtain the required advice, undertake training, or purchase appropriate computer software. The Farm Help Advice and Training Scheme Amendment 2008 (No. 1) was enacted to conclude the Farm Help Program, with amendments to the Farm Help Advice and Training Scheme 1997 setting out specific deadlines for requesting grants and marking the end of the scheme's effect on 30 June 2009. The scheme applies nationally and includes various deadlines for requesting grants for training and computer software.
Key Provisions
The Farm Help Advice and Training Scheme Amendment 2008 (No. 1) modifies the Farm Help Advice and Training Scheme 1997, primarily to introduce new deadlines for grant requests and to specify the cessation of the scheme (section 1.4). The new section 1.4 states that the scheme will cease to have effect by the end of 30 June 2009 (Schedule 1, Amendment [1]). This amendment ensures that the scheme will be formally concluded in line with the policy decision to redirect funding towards Australia's Farming Future initiative.
Under this Act, eligible farmers and their families are permitted to apply for grants to obtain advice, training, or computer software to assess their long-term prospects and manage their farm enterprises (subsection 52B(1)). A financial assessment and activity plan are mandatory prerequisites for receiving income support or a re-establishment grant. The grant can be used in accordance with the individual's activity plan for obtaining advice, undertaking training, and purchasing necessary computer software (subsection 52B(1)).
The obligations imposed by the amended scheme include the requirement for applicants to undertake a financial assessment and develop an activity plan before they can receive income support or a re-establishment grant. Furthermore, applicants must adhere to the deadlines set for requesting grants. For instance, requests for grants related to training must be made by the end of 30 April 2009 (Schedule 1, Amendment [3]). Similarly, requests for grants related to computer software must also be made by the end of 30 April 2009 (Schedule 1, Amendment [5]). Payment requests for training and computer software must be made by the end of 31 May 2009, upon presentation of the relevant receipts or invoices (Schedule 1, Amendments [4], [6], and [7]).
Breach of the provisions within the Farm Help Advice and Training Scheme Amendment 2008 (No. 1) does not explicitly state specific offences, penalties, or consequences in the provided text. However, failure to comply with the deadlines or the requirements for obtaining grants could potentially lead to disqualification from receiving the grants. This might indirectly affect the applicants' eligibility for other farm support programs or financial assistance, depending on the policies and regulations of the relevant authorities. It is important for practitioners to ensure compliance with all stipulated deadlines and conditions to avoid any adverse implications for their clients.