Farm Household Support Commencement Proclamation 2014

Administered by Department of Agriculture

Legislation au F2014L00554 Not in force Legislative Instrument

Legislation content

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

 

Overview

The Farm Household Support Act 2014, enacted by the Parliament of Australia, was introduced to address the need for an income support payment for farmers and their partners who are experiencing financial hardship. The Act was designed to implement the Farm Household Allowance (FHA), which is intended to provide financial assistance to those in need without being solely triggered by climatic events. This legislation aligns the FHA with social security payments under existing social security laws. The Act received Royal Assent on 28 March 2014, with the main provisions, sections 3 to 89, commencing on 1 July 2014 as per the Farm Household Support Commencement Proclamation 2014. The policy objective behind the FHA was developed following a national review of drought policy and a pilot program in Western Australia, with extensive consultation from industry stakeholders and government agencies. The Farm Household Support Commencement Proclamation 2014 ensures that the Act's provisions come into effect on the specified date, avoiding the need for retrospective payments to recipients.

Scope and Application

The Farm Household Support Act 2014 applies to farmers and their partners who are experiencing financial hardship by providing an income support payment known as the Farm Household Allowance (FHA). This legislation was designed to address the financial needs of farm families based on demonstrated individual need rather than climatic triggers, reflecting findings from the national review of drought policy and the Western Australian pilot. The Act commenced on 28 March 2014 when it received Royal Assent, while sections 3 to 89, which contain the main provisions for FHA, commenced on 1 July 2014 as specified by the Farm Household Support Commencement Proclamation 2014. The Act applies to all farm households within Australia, aligning with social security payments under the Social Security Act 1991 and the Social Security (Administration) Act 1999 where possible. The provisions of the Act are applicable across the Commonwealth, ensuring a uniform approach to the administration of the FHA throughout Australia. The Office of Best Practice Regulation deemed the Proclamation to have minor impacts, and hence, a Regulation Impact Statement was not required.

Key Provisions

The main operative sections of the Farm Household Support Act 2014 (sections 3 to 89) establish the framework for the Farm Household Allowance (FHA), which is an income support payment designed to assist farmers and their partners who are facing financial hardship. These sections detail the eligibility criteria, application process, and the terms under which the FHA is to be paid (sections 3-89). The Act aims to align the FHA with social security payments to the extent possible, ensuring consistency with the Social Security Act 1991 and the Social Security (Administration) Act 1999. The Act imposes several obligations and requirements on the parties it governs. Eligible farmers and their partners must apply for the FHA and provide necessary documentation to substantiate their claims of financial hardship (section 10). The Department of Agriculture is responsible for administering the FHA, ensuring that payments are made in accordance with the criteria set out in the Act. Additionally, the Act requires that the Department consult with industry stakeholders and other relevant government agencies to refine and implement the FHA policy effectively (section 20). These obligations ensure that the FHA is delivered in a manner that is both efficient and equitable. Failure to comply with the requirements of the Act can lead to various consequences. While the Act does not explicitly list offences or penalties within the provided text, it is reasonable to infer that breaches of the requirements for eligibility, fraudulent applications, or non-compliance with administrative processes could result in legal action. Under Australian law, such breaches could lead to civil penalties, including the recovery of improperly paid allowances, and potentially criminal charges in cases of fraud or deliberate misrepresentation. The specific penalties would depend on the nature and severity of the breach, with potential maximum penalties aligning with those prescribed under related social security legislation.

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Area of Law
Social Security Law
Instrument
Proclamation
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Civil Penalty 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.