Overview

The Farm Household Support Amendment Regulations 2007 (No. 1) were introduced to amend the Farm Household Support Act 1992. These regulations were enacted by the Australian Government in response to the need to extend the availability of the Farm Help Income Support programme, which provides financial assistance to eligible farmers. The regulations were issued under the authority of the Minister for Agriculture, Fisheries and Forestry and were developed following consultations with relevant government departments and agencies, including the Attorney General’s Department, the Office of Best Practice Regulation, and Centrelink. The primary objective of these regulations is to prescribe specific dates to extend the eligibility period for the Farm Help Income Support, ensuring that farmers who lodged claims after 30 June 2007, and for periods after 30 June 2008, could still benefit from the programme. The regulations came into effect on 1 July 2007.

Scope and Application

The Farm Household Support Act 1992 applies to the provision of financial assistance to eligible farmers through the Farm Help Income Support programme, the Farm Help Advice and Training Scheme, and the Farm Help Re-establishment Grant Scheme. These schemes are intended to support farmers in seeking advice on their financial outlook, obtaining additional advice and training, and assisting with the sale of their farm enterprises. The Act applies to farmers within the Commonwealth of Australia, who are eligible to receive support under the specified schemes. The Act's scope is extended through subordinate instruments, such as the Farm Household Support Amendment Regulations 2007 (No. 1), which modify the original provisions to extend the availability of Farm Help Income Support. The Regulations amend the prescribed dates to allow claims to be lodged up until 30 June 2019 for the initial claim and 30 June 2020 for any subsequent periods. These Regulations commenced on 1 July 2007 and provide a legislative framework for the continued support of farm households within the specified timeframes.

Key Provisions

The Farm Household Support Amendment Regulations 2007 (No. 1) make several significant changes to the existing Farm Household Support Regulations 1993, primarily concerning the extension of the Farm Help Income Support program. Regulation 4A, introduced by these amendments, specifies new prescribed days for the cessation of Farm Help Income Support, extending the dates previously stipulated in the Act. Specifically, regulation 4A(1) extends the date for lodging claims under paragraph 6B(a) of the Farm Household Support Act 1992 to 30 June 2019, while regulation 4A(2) extends the date for receiving payments under paragraph 6B(b) to 30 June 2020. These regulations impose obligations on eligible farmers to ensure their claims for Farm Help Income Support are lodged within the newly specified timeframes. It also requires relevant authorities, such as Centrelink, to process claims within these extended periods. The regulations mandate that any applications for support lodged after the prescribed dates will not be eligible for Farm Help Income Support, aligning with the provisions of section 6B of the Act. Failure to adhere to the regulations and the stipulated dates for claims and payments may result in farmers losing eligibility for Farm Help Income Support. While the explanatory statement does not explicitly detail penalties for non-compliance, it is implied that claims made outside the prescribed timeframes would be invalid under the Act. This means that farmers who miss the deadlines may face the consequence of not receiving financial assistance intended to support their farm enterprises.