Farm Help Re-establishment Grant Scheme Amendment 2002 (No. 1)

Administered by Department of Agriculture

Legislation au F2006B00814 Not in force Legislative Instrument

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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 17 October 2002

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

1 Name of instrument

This instrument is the Farm Help Re-establishment Grant Scheme Amendment 2002 (No. 1).

2 Commencement

This instrument commences on gazettal.

3 Amendment of Farm Help Re-establishment Grant Scheme 1997

Schedule 1 amends the Farm Help Re-establishment Grant Scheme 1997.

Schedule 1 Amendments

(section 3)

Do not delete: Schedule Part Placeholder

[1] Section 1.3, after definition of Act

insert

DEP scheme means the Dairy Exit Program Scheme 2000 formulated under section 52C of the Act.

DSAP scheme has the same meaning as in Schedule 2 to the Dairy Produce Act 1986.

[2] Section 1.3, after definition of farm owner or operator

insert

SDA scheme has the same meaning as in Schedule 2 to the Dairy Produce Act 1986.

value of a person’s assets has the meaning given by section 3.1.

[3] Section 1.3, note, after third dot point

insert

dairy-type grant

[4] Paragraph 3.1 (2) (c)

substitute

(d) in the case of a person to whom section 3.2AA applies — payment rights granted to the person (or the person’s partner) under the DSAP scheme or the SDA scheme must be disregarded.

[5] After paragraph 3.2 (1) (d)

insert

(da) the person, and the person’s partner (if any), gives the Secretary a written acknowledgment of the effect of subsections 3.9 (3) and (4) if the person or partner becomes a farm owner or operator within 5 years after making the agreement; and

[6] Paragraph 3.2 (1) (f)

substitute

(f) the value of the person’s assets, at the time when the Secretary considers whether the person qualifies for a grant, is less than $167 500; and

[7] Paragraph 3.2 (1) (g)

omit

the person has not

insert

neither the person, nor the person’s partner (if any), has

[8] Paragraph 3.2 (1) (h)

omit

(iii) or (iv):

insert

(iii), (iv) or (v):

[9] After section 3.2

insert

3.2AA Who is qualified for a dairy-type grant?

(1) A re-establishment grant for which a person is eligible because of this section is, for the purposes of the Act, designated a dairy-type grant.

(2) A person who, except for the application of subparagraph 3.2 (1) (g) (iv) or (v), is qualified under section 3.2 for a re-establishment grant is eligible for a dairy-type grant if:

(a) in the case of a person who (or whose partner, if any), under the DSAP scheme or the SDA scheme, is the registered owner of 1 or more units in a payment right — the unit is, or those units are, unencumbered (within the meaning of clause 53 of Schedule 2 to the Dairy Produce Act 1986); and

(b) the person has not previously received a payment under the DEP scheme.

(3) If a person who is eligible, under subsection (2), to receive a dairy-type grant:

(a) is, under the DSAP scheme or the SDA scheme, the registered owner of a unit in a payment right granted to the person; and

(b) has a partner who is the registered owner of a unit in a payment right granted to the partner;

the partner is equally eligible to receive the dairy-type grant.

Note See subsection 3.6 (5).

[10] Subsection 3.6 (1)

omit

If the value of the person’s assets

insert

For a grant to which section 3.2 applies, if the value of the person’s assets, at the time when the Secretary determines that the person qualifies for a grant,

[11] Subsection 3.6 (2)

omit

If the value of the person’s assets

insert

For a grant to which section 3.2 applies, if the value of the person’s assets, at the time when the Secretary determines that the person qualifies for a grant,

[12] After subsection 3.6 (2)

insert

(3) For a grant to which section 3.2AA applies, if the value of the person’s assets, at the time when the Secretary determines that the person qualifies for a grant, is $100 000 or less, the amount payable is:

$45 000 – (FHIS + DSAP + SDA)

where:

DSAP is the sum of:

(a) the total amount (in dollars) of any DSAP payments paid to the person for units in a payment right:

(i) granted to the person under the DSAP scheme; and

(ii) ownership of which has not been transferred before the time at which it is determined, under section 3.2AA, that the person is eligible for a re-establishment grant; and

(b) if, before the decision under section 3.2AA, the person has transferred to someone else (including the person’s partner) his or her ownership of any units in a payment right granted to the person under the DSAP scheme — $32 multiplied by the number of those units; and

(c) the total amount (in dollars) of any DSAP payments paid to the person’s partner (if any) for units in a payment right:

(i) granted to the partner under the DSAP scheme; and

(ii) ownership of which has not been transferred before the time at which it is determined, under section 3.2AA, that the person is eligible for a re-establishment grant; and

(d) if, before the decision under section 3.2AA, the partner has transferred to someone else (including the person) his or her ownership of any units in a payment right granted to the partner under the DSAP scheme — $32 multiplied by the number of those units.

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.

SDA is the sum of:

(a) the total amount (in dollars) of any SDA payments paid to the person for units in a payment right:

(i) granted to the person under the SDA scheme; and

(ii) ownership of which has not been transferred before the time at which it is determined, under section 3.2AA, that the person is eligible for a re-establishment grant; and

(b) if, before the decision under section 3.2AA, the person has transferred to someone else (including the person’s partner) his or her ownership of any units in a payment right granted to the person under the SDA scheme — $32 multiplied by the number of those units; and

(i) granted to the partner under the SDA scheme; and

(ii) ownership of which has not been transferred before the time at which it is determined, under section 3.2AA, that the person is eligible for a re-establishment grant; and

(d) if, before the decision under section 3.2AA, the partner has transferred to someone else (including the person) his or her ownership of any units in a payment right granted to the partner under the SDA scheme — $32 multiplied by the number of those units.

(4) For a grant to which section 3.2AA applies, if the value of the person’s assets, at the time when the Secretary determines that the person qualifies for a grant, is more than $100 000 but less than $167 500, the amount payable is:

$45 000 – 2/3 (N – $100 000) – (FHIS + DSAP + SDA)

where:

DSAP is the sum of:

(a) the total amount (in dollars) of any DSAP payments paid to the person for units in a payment right:

(i) granted to the person under the DSAP scheme; and

(ii) ownership of which has not been transferred before the time at which it is determined, under section 3.2AA, that the person is eligible for a re-establishment grant; and

(c) the total amount (in dollars) of any DSAP payments paid to the person’s partner (if any) for units in a payment right:

(i) granted to the partner under the DSAP scheme; and

(ii) ownership of which has not been transferred before the time at which it is determined, under section 3.2AA, that the person is eligible for a re-establishment grant; and

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.

N is the value (in dollars) of the person’s assets.

SDA is the sum of:

(a) the total amount (in dollars) of any SDA payments paid to the person for units in a payment right:

(i) granted to the person under the SDA scheme; and

(ii) ownership of which has not been transferred before the time at which it is determined, under section 3.2AA, that the person is eligible for a re-establishment grant; and

(b) if, before the decision under section 3.2AA, the person has transferred to someone else (including the person’s partner) his or her ownership of any units in a payment right granted to the person under the SDA scheme — $32 multiplied by the number of those units; and

(i) granted to the partner under the SDA scheme; and

(ii) ownership of which has not been transferred before the time at which it is determined, under section 3.2AA, that the person is eligible for a re-establishment grant; and

(d) if, before the decision under section 3.2AA, the partner has transferred to someone else (including the person) his or her ownership of any units in a payment right granted to the partner under the SDA scheme — $32 multiplied by the number of those units.

(5) If the person is eligible for a grant to which section 3.2AA applies and subsection 3.2AA (3) applies to the person, the person and the person’s partner are each to be paid half of any amount payable under subsection (3) or (4).

[13] Part 3, Division 4, heading

substitute

Division 4 Forfeiture of grant

[14] Section 3.9, heading

substitute

3.9 Person re-establishing as farm owner or operator

[15] Subsection 3.9 (1)

omit

the making of a re-establishment grant

insert

a re-establishment grant decided by the Secretary before the commencement of the Farm Help Re-establishment Grant Scheme Amendment 2002 (No. 1)

[16] After subsection 3.9 (2)

insert

(3) A person who, despite the acknowledgment given by the person under paragraph 3.2 (1) (da), becomes a farm owner or operator, and who has been paid an amount of re-establishment grant, forfeits that amount.

(4) The amount, mentioned in subsection (3), paid to the person is recoverable by the Commonwealth:

(a) in the case of a grant to which section 3.2 applies — as a debt due to the Commonwealth; or

(b) in the case of a grant to which section 3.2AA applies — on behalf of the Australian Dairy Corporation as a debt due to that Corporation.

[17] After section 4.2

insert

4.2A Disclosure of dairy-type grant information

The Secretary may disclose dairy-type grant information received in relation to a person who is an applicant for a dairy-type grant:

(a) to the Dairy Adjustment Authority, in connection with the administration of:

(i) the DSAP scheme; or

(ii) the SDA scheme; or

(iii) a provision of the Dairy Produce Act 1986, in so far as the provision relates to either of those schemes; and

(b) to the Australian Dairy Corporation, in connection with the administration of the Dairy Structural Adjustment Fund established by clause 77 of Schedule 2 to the Dairy Produce Act 1986; and

(i) is aggregated with like information, so that it does not reveal the identity of:

(A) the person; or

(B) a farm enterprise in which the person has a right or interest; and

(ii) is relevant to a function of the Secretary of AFFA in monitoring, evaluating or reporting on the continuing operation of dairy type grants.

Overview

The Farm Help Re-establishment Grant Scheme Amendment 2002 (No. 1) was enacted to address the need for updates and refinements to the Farm Help Re-establishment Grant Scheme 1997, which was established under the Farm Household Support Act 1992. This amendment was introduced by the Minister for Agriculture, Fisheries and Forestry, Warren Truss, to ensure that the scheme remains relevant and effective in supporting farm owners or operators who are re-establishing their farms. The policy objective of this amendment is to clarify and adjust the eligibility criteria, asset value thresholds, and conditions for forfeiture of grants, while also introducing new provisions for dairy-type grants and information disclosure. The changes aim to streamline the administration of the grant scheme and ensure it meets the current needs of the agricultural sector.

Scope and Application

The Farm Help Re-establishment Grant Scheme Amendment 2002 (No. 1) applies to persons involved in the re-establishment of farming operations, specifically targeting those who are eligible for a re-establishment grant under the Farm Household Support Act 1992. This legislative instrument primarily affects individuals and couples who are seeking to re-establish themselves as farm owners or operators, particularly within the dairy industry. The amendments clarify eligibility criteria, including asset thresholds and conditions related to previous payments under schemes such as the Dairy Structural Adjustment Program (DSAP) and the Sustainable Dairy Australia (SDA) scheme. The geographic scope of this legislation is national, given that it operates under the auspices of the Commonwealth and affects entities and individuals across Australia. Notably, the Act does not explicitly exclude any categories of persons or entities, but eligibility is tightly controlled by the specified asset limits and conditions. The application of this legislation may be further extended or clarified through subordinate instruments or regulations that may be promulgated under the authority of the Farm Household Support Act 1992.

Key Provisions

The Farm Help Re-establishment Grant Scheme Amendment 2002 (No. 1) amends the Farm Help Re-establishment Grant Scheme 1997 by introducing new definitions and modifying existing sections. The primary changes include the insertion of definitions for the DEP scheme, DSAP scheme, SDA scheme, and the value of a person’s assets. The amendment also adds a new section 3.2AA, which outlines the eligibility criteria for a dairy-type grant. This includes conditions such as the person being the registered owner of unencumbered units under the DSAP or SDA schemes and not having previously received a payment under the DEP scheme. The amended legislation imposes specific obligations on individuals seeking to qualify for a re-establishment grant. Firstly, applicants must ensure their personal and household effects do not exceed a value of $10,000, and if applicable, payment rights granted under the DSAP or SDA schemes must be disregarded. Additionally, applicants and their partners must provide a written acknowledgment if they intend to become farm owners or operators within five years of making the agreement. Furthermore, the value of the applicant’s assets must be less than $167,500 at the time of grant qualification. Breaches of the conditions set forth in the legislation can lead to forfeiture of the grant. If an individual, despite providing the required acknowledgment, becomes a farm owner or operator and has been paid a re-establishment grant, they forfeit that amount. The forfeited amount is recoverable by the Commonwealth or, in the case of a dairy-type grant, on behalf of the Australian Dairy Corporation. This forfeiture underscores the importance of adhering to the outlined conditions to maintain eligibility for the grant. The amendment also includes provisions for the disclosure of dairy-type grant information. The Secretary is authorised to disclose such information to relevant authorities, including the Dairy Adjustment Authority and the Australian Dairy Corporation, provided that the information is aggregated to protect the identity of the applicant. This disclosure facilitates the administration of related schemes and ensures that the continuing operation of dairy-type grants is effectively monitored and evaluated.

Area of Law: Commercial Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Repeal & Amendment; Reporting & Disclosure Obligations; Compliance Obligations; Enforcement Powers

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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