Farm Help Re-establishment Grant Scheme Amendment 2003 (No. 3)

Administered by Department of Agriculture

Legislation au F2006B00817 Not in force Legislative Instrument

Legislation content

Farm Help Re-establishment Grant Scheme Amendment 2003 (No. 3)

I, WARREN ERROL TRUSS, Minister for Agriculture, Fisheries and Forestry, make this Scheme under subsection 52A (1) of the Farm Household Support Act 1992.

Date 27 November 2003

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

 

1 Name of Scheme

  This Scheme is the Farm Help Re-establishment Grant Scheme Amendment 2003 (No. 3).

2 Commencement

  This Scheme commences on 1 December 2003.

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)

 

[1] Note before Part 1

substitute

Note 1   Part 9A of the Act (consisting only of section 52A) requires the Minister to formulate a scheme, to be called the farm help re-establishment grant scheme, to grant financial assistance to people on the sale of farm enterprises, or rights or interests in farm enterprises. Such a grant is to be called a re-establishment grant.

Part 9B of the Act (consisting only of section 52B) requires the Minister to formulate a scheme, to be called the farm help advice and training scheme, to provide farmers and their families with grants to obtain advice to assess their long-term prospects, develop an activity plan and complete training to improve those prospects.

The Schemes are connected — a person who applies for a benefit under this Scheme will be required to obtain advice under the other Scheme, and will be given a grant under that Scheme to obtain the advice.

[2] Section 2.1

substitute

2.1 Who may apply for a grant?

 (1) A person is eligible to apply for a re-establishment grant for a farm enterprise only if the person satisfies subsections (2), (3), (4) and (5).

 (2) The person must be qualified for farm help income support under Division 1B of Part 2 of the Act.

 (3) The person must have 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.

 (4) The person must hold a right or interest that could be sold on the open market in relation to the land used for the farm enterprise.

 (5) During the time the person was a farmer in relation to the farm enterprise he or she (or his or her partner) must have contributed a total value of $45 000 or more to the enterprise.

 (6) For subsection (5), the value of any inheritance that was received by the person (or the person’s partner) and consisted of part or all of the farm enterprise is taken to be a contribution to the enterprise by the person.

2.1A Certain persons not eligible for a grant

 (1) A person is not eligible to apply for a re-establishment grant if, in the 2 years immediately before applying for the grant:

 (a) the person received a benefit, under a prescribed educational scheme, for the equivalent of 12 months or more; or

 (b) the person was ineligible for farm help income support, under any of the following provisions of the Act, for the equivalent of 12 months or more:

 (i) subsection 12 (1);

 (ii) subsection 12 (3);

 (iii) subsection 12 (4);

 (iv) paragraph 12 (5) (b).

Note   Prescribed educational scheme has the same meaning as in the Social Security Act 1991: see subsection 3 (1) of the Act.

 (2) A person is not eligible to apply for a re-establishment grant for a farm enterprise if, in the 2 year period immediately before applying for the grant, the person received income, from a source other than the farm enterprise, that exceeds the amount of newstart allowance that would have been paid to the person during the period if, during the whole period:

 (a) the person was entitled to the newstart allowance; and

 (b) the person had no other income.

 (3) However, the Minister may allow a person who received a benefit or pension mentioned in subsection 12 (1) of the Act to apply for a re‑establishment grant if, in the 2 years before applying for the grant:

 (a) the person was affected by an unforeseeable event; and

 (b) the person applied for the benefit or pension because the event prevented the person engaging in farming work.

[3] Section 2.2

omit

30 November 2003.

insert

30 June 2004.

[4] Section 2.3, note

substitute

Note 1   For how to make a claim for farm help income support, see section 16 of the Act.

Note 2    The Secretary must direct a person who has made a claim for farm help income support to develop, and act in accordance with, an activity plan: see section 13B of the Act.

Note 3   For what an individual activity plan must be directed towards, see subsection 13B (3) of the Act.

Note 4   For provision of assistance to a person for the purpose of complying with an activity plan direction, and what happens if a person does not comply with an activity plan direction, see the Farm Help Advice and Training Scheme 1997.

[5] Part 2, Divisions 2 and 3

substitute

Division 2 Advice direction

2.4 When advice is to be obtained (Act s 52A)

 (1) For subsection 52A (3) of the Act, if a person applies for a re-establishment grant:

 (a) the Secretary must direct the person to obtain advice as specified in the direction; and

 (b) the direction must be given no more than 3 months after the day on which the application is approved.

 (2) However, subsection (1) does not apply if the Secretary has given the person a direction under subsection 13A (1) of the Act.

Note   Subsection 52A (3) of the Act provides that a direction for subsection (1) must be consistent with the guidelines in the farm help advice and training scheme.

[6] Paragraph 3.2 (1) (baa)

omit

1 December 2004;

insert

30 June 2005;

[7] Subparagraph 3.2 (1) (g) (vi)

substitute

 (vi) an exit grant under the package known as the Sugar Industry Reform Program, delivered by Centrelink on behalf of the Department of Agriculture, Fisheries and Forestry; and

[8] Subsection 3.2 (1), note

substitute

Note for subparagraph (g) (vi)

Information about the Sugar Industry Reform Program can be found on the internet at:   www.affa.gov.au/sirp or from:

 Food and Agriculture Group
 Field Crops, Horticulture and Wine Branch
 Agriculture Fisheries and Forestry Australia
 GPO Box 858
 CANBERRA ACT 2601.

[9] Section 3.3

omit

28 February 2005:

insert

30 September 2005:

[10] Part 3A

omit

[11] Section 4.2

omit

power under subsection 3.2A (1)

insert

powers under subsections 2.1A (3) and 3.2A (1)

 

Overview

The Farm Help Re-establishment Grant Scheme Amendment 2003 (No. 3) was enacted to address issues in the Farm Help Re-establishment Grant Scheme 1997 by providing updated and necessary amendments to the scheme. This legislative instrument was made by Warren Truss, the Minister for Agriculture, Fisheries and Forestry, under subsection 52A (1) of the Farm Household Support Act 1992. The policy objective of this amendment is to ensure that the scheme remains effective in supporting farmers and their families in the sale of their farm enterprises and in their long-term prospects. The Scheme came into effect on 1 December 2003 and involves several modifications, such as updating the eligibility criteria for re-establishment grants and extending the timeframe for obtaining advice and training under the Farm Help Advice and Training Scheme. The overarching aim of these amendments is to ensure that the Farm Help Re-establishment Grant Scheme remains relevant and supportive for farmers, adapting to changes in the agricultural landscape and addressing any gaps that have emerged over time. By amending the original scheme, the government seeks to provide a robust framework for financial assistance and advice to those in the farming industry who require support in transitioning out of farming or improving their long-term prospects.

Scope and Application

The Farm Help Re-establishment Grant Scheme Amendment 2003 (No. 3) is a legislative instrument designed to modify the Farm Help Re-establishment Grant Scheme 1997 under the Farm Household Support Act 1992. The amendment was made by the Minister for Agriculture, Fisheries and Forestry, effective from 1 December 2003. This Scheme is specifically targeted at individuals who are qualified for farm help income support and have been farmers for at least two continuous years. To be eligible for a re-establishment grant, applicants must hold a sellable right or interest in the land used for their farm enterprise and must have contributed a total value of $45,000 or more to the enterprise, including any inherited contributions. Notably, individuals who received benefits under a prescribed educational scheme for 12 months or more, or those who were ineligible for farm help income support for the same duration, are not eligible for a grant. However, the Minister has the discretion to allow such individuals to apply if they were affected by an unforeseeable event and applied for the benefit due to being unable to engage in farming work. The amendment also extends the application period for the grant and modifies certain notes and references within the Scheme to align with other related legislative instruments.

Key Provisions

The Farm Help Re-establishment Grant Scheme Amendment 2003 (No. 3) outlines the framework for providing financial assistance to individuals who have sold their farm enterprises. This Scheme is an amendment to the Farm Help Re-establishment Grant Scheme 1997, and it commences on 1 December 2003. The primary purpose of the Scheme is to grant financial assistance, known as a re-establishment grant, to eligible persons who have sold their farm enterprises or rights or interests in those enterprises. To be eligible for a re-establishment grant, an individual must meet several criteria. They must be qualified for farm help income support under Division 1B of Part 2 of the Farm Household Support Act 1992, have been a farmer in relation to the farm enterprise for at least two continuous years prior to applying for the grant, hold a right or interest in the land used for the farm enterprise that could be sold on the open market, and have contributed a total value of at least $45,000 to the enterprise, including any inheritance. Additionally, individuals who received benefits under certain educational schemes or were ineligible for farm help income support for at least 12 months in the two years prior to applying are not eligible for a grant unless specific exceptions apply. The Scheme also mandates that applicants must obtain advice and develop an activity plan under the Farm Help Advice and Training Scheme 1997. The obligations imposed by this Scheme include ensuring that eligible applicants meet the specified criteria and follow the prescribed procedures for applying for a grant. The Secretary must direct applicants to obtain advice as specified in the direction, which must be given within three months of the application being approved, unless another direction has already been given. Furthermore, applicants must comply with their activity plans, which are directed by the Secretary to ensure they are taking appropriate steps to improve their long-term prospects. The Scheme also includes provisions for the Minister to provide additional support to individuals who were affected by unforeseeable events and were unable to engage in farming work. Breach of the requirements and obligations under this Scheme may result in civil or criminal consequences. While the specific penalties are not detailed in the text, the Act under which this Scheme operates provides for a range of penalties for non-compliance. These may include fines or other penalties as determined by the relevant authorities. It is essential for applicants and relevant parties to adhere to the provisions of this Scheme to avoid any potential legal repercussions.

Legal classification tags

Area of Law
Agriculture Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Compliance Obligations

Interactions

Authorises

All Versions

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.