Farm Help Re-establishment Grant Scheme Amendment 2004 (No. 1)

Administered by Department of Agriculture

Legislation au F2006B00820 Not in force Legislative Instrument

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

Dated 16 June 2004

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

1 Name of Scheme Amendment

This Scheme Amendment is the Farm Help Re-establishment Grant Scheme Amendment 2004 (No. 1).

2 Commencement

This Scheme Amendment commences on 1 July 2004.

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] Subsection 2.1 (2)

omit

of the Act.

insert

of the Act, and the support must be payable to him or her.

[2] Subsection 2.1 (5)

omit

$45 000

insert

$50 000

[3] Section 2.2

omit

30 June 2004.

insert

30 June 2007.

[4] Section 2.3, notes 1 to 4

substitute

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

[5] Section 2.4

substitute

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

For subsection 52A (3) of the Act, if a person applies for a re-establishment grant the Secretary must direct the person to obtain advice as specified in the direction unless 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 this section must be consistent with the guidelines in the farm help advice and training scheme.

[6] Subparagraph 3.2 (1) (b) (i)

substitute

(i) if the person, or the person’s partner, has received farm help income support — the person or the partner last received farm help income support; or

[7] Paragraph 3.2 (1) (baa)

omit

30 June 2005;

insert

30 June 2008;

[8] Paragraph 3.2 (1) (ea)

omit

[9] Paragraph 3.2 (1) (f)

omit

$167 500;

insert

$175 000

[10] Subparagraph 3.2 (1) (g) (vi)

substitute

(vi) an exit grant under either of the following, delivered by Centrelink on behalf of the Department of Agriculture, Fisheries and Forestry:

(A) the package known as the Sugar Industry Reform Program 2002;

(B) the package delivered on or after 2 March 2004 and known as the extension to the Sugar Industry Reform Program 2002; and

[11] 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.centrelink.gov.au/internet/internet.nsf/payments/sugar_package.htm, or from:

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

[12] Section 3.3

omit

30 September 2005:

insert

30 September 2008:

[13] Section 3.5

omit

$45,000,

insert

$50 000,

[14] Subsection 3.6 (1)

omit

$45 000,

insert

$50 000,

[15] Subsection 3.6 (2)

substitute

(2) 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, is more than $100 000 but less than $175 000, the amount payable is:

where:

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

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.

[16] Subsection 3.6 (3), formula

omit

$45 000

insert

$50 000

[17] Subsection 3.6 (4)

omit

less than $167 500,

insert

less than $175 000,

[18] Subsection 3.6 (4), formula

omit

$45 000

insert

$50 000

[19] Subsection 3.9 (1)

substitute

(1) It is a condition of a re-establishment grant decided by the Secretary before 1 July 2004 that the person who receives it, and the partner of the person, must each undertake not to become a farm owner or operator again within 5 years after receiving the re-establishment grant.

[20] Subsection 3.9 (2)

after

paid to the person

insert

, or the partner of the person,

[21] Subsection 3.9 (3)

substitute

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

[22] Paragraph 4.2A (c)

omit everything before subparagraph (i), insert

[23] Subparagraph 4.2A (c) (ii)

omit

AFFA

insert

DAFF

[24] Section 4.3, heading

substitute

4.3 Transitional — applications before farm help scheme payment commencement day

[25] After section 4.3

insert

4.4 Transitional — applications before 1 July 2004

(1) This section applies in relation to a claim made before 1 July 2004 by a person for a grant under this Scheme.

(2) Despite any other provision of this Scheme:

(a) the maximum amount that may be paid to the person under this Scheme is $45 000; and

(b) if the sale of the person’s farm enterprise is completed within 3 months of the application, the person is not required to obtain advice on financial outlook or develop an activity plan.

(3) For subsection 52A (3) of the Act, if the Secretary gave the person a direction (other than a direction under subsection 13A (1) of the Act) to obtain advice as specified in the direction, the direction must be given no more than 3 months after the day on which the application is approved.

Overview

The Farm Help Re-establishment Grant Scheme Amendment 2004 (No. 1) was enacted to amend the Farm Help Re-establishment Grant Scheme 1997, introduced to provide relief and support to farmers exiting the industry under the Farm Household Support Act 1992. This legislative instrument was made by Warren Truss, the Minister for Agriculture, Fisheries and Forestry, under subsection 52A(1) of the Act. The primary objective of this amendment is to adjust various financial thresholds, extend deadlines, and refine eligibility criteria to better support farmers during their transition out of the industry. The amendments also update references to reflect changes in department names and include new provisions to ensure clarity and accessibility of information for claimants. This legislative instrument aims to provide more robust and adaptable support mechanisms for farmers, ensuring they have the necessary resources and guidance to successfully transition out of farming.

Scope and Application

The Farm Help Re-establishment Grant Scheme Amendment 2004 (No. 1) applies to the Farm Help Re-establishment Grant Scheme 1997, which is part of the Farm Household Support Act 1992. The amendment modifies the eligibility criteria, payment amounts, and conditions for the re-establishment grants provided to farmers who exit the industry. Specifically, the amendments adjust the maximum grant amounts, extend the eligibility period, and alter the conditions under which grants are paid, such as requiring farmers and their partners to refrain from becoming farm owners or operators for a specified period. The amendment also updates certain financial thresholds and references to other related schemes and programs. This legislative instrument applies nationally in Australia, as it amends a Commonwealth Act, and is effective from 1 July 2004. The amendment does not explicitly state any exclusions or thresholds beyond those specified in the changes, and its application may be further detailed through subordinate instruments issued under the authority of the Farm Household Support Act 1992.

Key Provisions

The Farm Help Re-establishment Grant Scheme Amendment 2004 (No. 1) modifies the Farm Help Re-establishment Grant Scheme 1997 in several key ways. First, it alters the requirements for the payment of grants. For instance, section 2.1(2) now requires that support must be payable to the person, or their partner, who is eligible for the grant (Schedule 1, Amendment [1]). The amount of the grant has been adjusted upwards from $45,000 to $50,000 in several instances (Schedule 1, Amendments [2], [5], [13], [15], [16]). Additionally, eligibility periods have been extended, such as the eligibility for a grant until 30 June 2007 instead of 30 June 2004 (Schedule 1, Amendment [3]), and the timeframe for obtaining advice on financial outlook or developing an activity plan has been extended to 30 September 2008 (Schedule 1, Amendment [12]). The amendment imposes specific obligations on applicants and recipients of the grants. Applicants must obtain advice as specified in the direction from the Secretary unless they have been given a different direction under the Act (Schedule 1, Amendment [4]). Additionally, recipients of the grant are required to refrain from becoming a farm owner or operator for five years after receiving the grant (Schedule 1, Amendment [19]). Failure to comply with this condition results in the forfeiture of the grant amount (Schedule 1, Amendment [21]). Recipients must also provide certain information to the Secretary of the Department of Agriculture, Fisheries and Forestry (DAFF) (Schedule 1, Amendments [22], [23]). The amendment outlines several consequences for non-compliance with the grant requirements. If a person, or their partner, becomes a farm owner or operator after receiving a re-establishment grant, they forfeit the amount of the grant they received (Schedule 1, Amendment [21]). Additionally, for claims made before 1 July 2004, the maximum amount payable is capped at $45,000, and if the sale of the farm enterprise is completed within three months of the application, the applicant is not required to obtain advice on financial outlook or develop an activity plan (Schedule 1, Amendment [25]). Failure to adhere to these provisions may result in forfeiture of the grant amount and potential financial penalties.

Area of Law: Agriculture Law
Instrument: Legislative Instrument
Concepts: Commencement Provisions; Reporting & Disclosure Obligations; Transitional Provisions

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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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