Farm Help Re-establishment Grant Scheme Amendment 2001 (No. 1)

Overview

The Farm Help Re-establishment Grant Scheme Amendment 2001 (No. 1) is an amendment made under the authority of the Farm Household Support Act 1992 by Warren Errol Truss, the Minister for Agriculture, Fisheries and Forestry. Enacted on 5 April 2001, this legislative instrument aims to amend the Farm Help Re-establishment Grant Scheme 1997. The purpose of this amendment is to ensure that any outstanding debts associated with the grants may be recovered by the Secretary, as stipulated by section 47 of the Financial Management and Accountability Act 1997. The policy objective here is to maintain fiscal responsibility and ensure that public funds are appropriately managed and recovered when necessary. The instrument itself is straightforward, commencing on gazettal and amending the Farm Help Re-establishment Grant Scheme 1997 to incorporate these recovery provisions. By inserting specific wording into subsection 3A.6(2), the amendment clarifies that debts may be pursued in accordance with the Financial Management and Accountability Act 1997, thereby formalising the process for debt recovery within the scheme. This legislative update underscores the importance of accountability in the administration of agricultural support grants.

Scope and Application

The Farm Help Re-establishment Grant Scheme Amendment 2001 (No. 1) applies to entities and individuals who are recipients of grants under the Farm Help Re-establishment Grant Scheme 1997. The legislation is a Commonwealth instrument, operating within the jurisdiction of the Australian Government, specifically administered by the Minister for Agriculture, Fisheries and Forestry. The amendment modifies the original grant scheme by altering the conditions under which grants may be recovered by the Secretary, clarifying the process by which debts are pursued, and ensuring compliance with the Financial Management and Accountability Act 1997. The amendment does not explicitly state any exclusions, exemptions, or thresholds, but it does extend the application of the original grant scheme by incorporating additional recovery mechanisms. The instrument's scope is limited to the amendments specified in Schedule 1, with no broader jurisdictional reach beyond what is defined in the original Farm Help Re-establishment Grant Scheme 1997.

Key Provisions

The Farm Help Re-establishment Grant Scheme Amendment 2001 (No. 1) primarily amends the Farm Help Re-establishment Grant Scheme 1997, with specific changes outlined in Schedule 1 (section 3). Notably, subsection 3A.6(2) is altered to specify that any amounts under the Scheme are to be recovered by the Secretary and cannot be recovered otherwise (section [1]). Additionally, a note is inserted after the examples in subsection 3A.6(2) to refer to section 47 of the Financial Management and Accountability Act 1997, which governs the process for debt recovery (section [2]). Under this amended legislation, certain obligations and requirements are imposed on the parties or entities it governs. The Secretary is mandated to ensure that any amounts disbursed under the Scheme are recovered as per the specified provisions (subsection 3A.6(2)). This includes adhering to the guidelines set forth in section 47 of the Financial Management and Accountability Act 1997 when pursuing recovery of any debts (Schedule 1, section [2]). These changes are designed to clarify and strengthen the process for recovering funds that may be incorrectly disbursed under the Scheme. Failure to comply with the provisions outlined in this amendment may result in various consequences. The Financial Management and Accountability Act 1997 stipulates specific procedures for debt recovery, and non-compliance with these procedures could lead to legal repercussions. Although the specific penalties are not detailed in this instrument, breaches of the Financial Management and Accountability Act 1997 can lead to significant civil and criminal consequences, including fines and imprisonment, depending on the severity of the breach. It is essential for all parties involved to adhere to the amended provisions to avoid potential penalties and legal issues.