EXPLANATORY STATEMENT
Issued by Authority of the Minister for Agriculture
Farm Household Support Act 2014
Farm Household Support Commencement Proclamation 2014
Item 2 of the table in subsection 2(1) of the Farm Household Support Act 2014 (Act) provides that sections 3 to 89 of the Act commence on a day fixed by Proclamation. The Act received the Royal Assent on 28 March 2014.
The purpose of the Farm Household Support Commencement Proclamation 2014 (Proclamation) is to provide for sections 3 to 89 of the Act to commence on 1 July 2014.
The Act provides the mechanism to implement the Farm Household Allowance (FHA), an income support payment for farmers and their partners who are experiencing financial hardship. FHA is aligned where possible with social security payments under social security law (that is, the Social Security Act 1991 and the Social Security (Administration) Act 1999).
Sections 3 to 89 of the Act contain the main provisions that provide for FHA. The Act provides for these provisions to commence on a day fixed by Proclamation, to account for the possibility that the Act was not passed by the Parliament before 1 July 2014; and avoid the need to make payments of FHA recipients retrospectively.
The other provisions in the Act commenced on 28 March 2014; the day the Act received the Royal Assent. These provisions relate to the short title of the Act; commencement of provisions in the Act; application and modification of the social security law with respect to FHA; and minor matters, such as delegations and rules.
The Proclamation specifies that sections 3 to 89 of the Act commence on 1 July 2014.
The Department of Agriculture consulted industry stakeholders and Australian Government agencies in developing the policy supporting FHA. Following the 2008-09 national review of drought policy, in 2010 the Australian Government, in partnership with the Western Australian government, conducted a two year pilot of drought reform measures in regions of Western Australia. The pilot was reviewed in 2011 by an independent panel, which reported strong support for an income support payment for farm families in hardship that is based on demonstrated individual need rather than a climatic trigger. FHA was developed in response to the national review of drought policy and the Western Australian pilot review. The major policy settings for FHA have been developed with significant input from the central and social policy agencies of the Australian Government, and in consultation with industry peak bodies, including the National Farmers’ Federation, and state/territory government agriculture departments.
The Office of Best Practice Regulation (OBPR) was consulted and considers that the Proclamation has minor impacts and therefore a Regulation Impact Statement is not required (OBPR Reference Number: 16411).
The Office of Parliamentary Counsel (OPC) was consulted in the development of the Proclamation. No other consultation was undertaken because the Proclamation is of a minor or machinery nature and appropriate consultation was undertaken in relation to the provisions that the Proclamation provides to commence.
The Statement of Compatibility with Human Rights is set out in the Attachment.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
ATTACHMENT
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Farm Household Support Commencement Proclamation 2014
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
This Legislative Instrument provides that sections 3 to 89 of the Farm Household Support Act 2014 (Act) commence on 1 July 2014.
The Act provides the mechanism to implement the Farm Household Allowance (FHA), an income support payment for farmers and their partners who are experiencing financial hardship. Sections 3 to 89 of the Act contain the main provisions that provide for FHA.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon. Barnaby Joyce MP
Minister for Agriculture