Farm Household Support (Consequential and Transitional Provisions) Commencement Proclamation 2014

Administered by Department of Agriculture

Legislation au F2014L00555 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by Authority of the Minister for Agriculture

 

Farm Household Support (Consequential and Transitional Provisions) Act 2014

 

Farm Household Support (Consequential and Transitional Provisions) Commencement Proclamation 2014

 

Item 9 of the table in subsection 2(1) of the Farm Household Support (Consequential and Transitional Provisions) Act 2014 (Act) provides that Division 5 of Part 2 of Schedule 2 to the Act commences on a day fixed by Proclamation.  The Act received the Royal Assent on 28 March 2014.

 

The purpose of the Farm Household Support (Consequential and Transitional Provisions) Commencement Proclamation 2014 (Proclamation) is to provide for Division 5 of Part 2 of Schedule 2 to the Act to commence on 1 October 2014.

 

The Act accompanies the Farm Household Support Act 2014, which provides the mechanism to implement the Farm Household Allowance (FHA), an income support payment for farmers and their partners who are experiencing financial hardship.  The Act repeals the Farm Household Support Act 1992, which contains provisions relating to the exceptional circumstances relief payment; and other payments and schemes that have ceased. The Act also makes consequential amendments of a minor nature to other Acts to remove redundant references and to support the full and effective implementation of FHA; and includes contingent amendments and general transitional provisions.

 

FHA will replace Interim FHA, which commenced on 28 February 2014 via the Financial Management and Accountability Amendment (2014 Measures No. 2) Regulation 2014. To avoid a break in payment, the Government decision to establish Interim FHA included that recipients of Interim FHA who wish to claim FHA will be eligible to receive payment of Interim FHA until 30 September 2014 or until their application for FHA has been finalised, whichever is earlier.

 

The amendments in Division 5 of Part 2 of Schedule 2 to the Act repeal references to a payment of Transitional Farm Family Payment (the predecessor to Interim FHA) and Interim FHA in the: exempt income provisions in the Income Tax Assessment Act 1997; and the qualification for income support bonus provisions in the Social Security Act 1991. In these provisions, the reference to Transitional Farm Family Payment is redundant as of 3 March 2014; and the reference to Interim FHA will be redundant as of 1 October 2014.

 

The other provisions in the Act commenced or will commence at different dates for different purposes.  Some provisions commenced on 28 March 2014 and the commencement of other provisions is subject to passage and commencement of other legislation.

 

The Proclamation specifies that Division 5 of Part 2 of Schedule 2 to the Act commences on 1 October 2014.  This is the day after the last day that recipients of Interim FHA who wish to claim FHA will be eligible to receive payment of Interim FHA.

 

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 this Legislative Instrument.  No other consultation was undertaken because the Proclamation is of a minor or machinery nature.

 

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 (Consequential and Transitional Provisions) 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 Division 5 of Part 2 of Schedule 2 to the Farm Household Support (Consequential and Transitional Provisions) Act 2014 (Act) commences on 1 October 2014.

 

The Act accompanies the Farm Household Support Act 2014, which 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 will replace the non‑legislated Interim FHA, which commenced on 28 February 2014 via the Financial Management and Accountability Amendment (2014 Measures No. 2) Regulation 2014.  To avoid a break in payment, the Government decision to establish Interim FHA included that recipients of Interim FHA who wish to claim FHA will be eligible to receive payment of Interim FHA until 30 September 2014 or until their application for FHA has been finalised, whichever is earlier.

 

Division 5 of Part 2 of Schedule 2 to the Act repeals references to a payment of Transitional Farm Family Payment (TFFP, the predecessor to Interim FHA) and Interim FHA in the: exempt income provisions in the Income Tax Assessment Act 1997; and the qualification for income support bonus provisions in the Social Security Act 1991.  In these provisions, the reference to TFFP is redundant as of 3 March 2014; and the reference to Interim FHA will be redundant as of 1 October 2014.

 

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 (Consequential and Transitional Provisions) Act 2014 was enacted to facilitate the implementation of the Farm Household Allowance (FHA), an income support payment for farmers and their partners experiencing financial hardship. This Act, which received Royal Assent on 28 March 2014, accompanies the Farm Household Support Act 2014 and aims to replace the Farm Household Support Act 1992 by repealing outdated provisions and making minor consequential amendments to other Acts. The Farm Household Support (Consequential and Transitional Provisions) Commencement Proclamation 2014, issued by the Minister for Agriculture, specifies that Division 5 of Part 2 of Schedule 2 to the Act, which addresses the repeal of references to Transitional Farm Family Payment and Interim FHA, will commence on 1 October 2014. This date ensures that there is no interruption in payment for those transitioning from Interim FHA to the newly established FHA, which was developed following consultations with industry stakeholders and government agencies in response to the national review of drought policy and a Western Australian pilot program. The Proclamation ensures that the new legislative framework is effectively implemented without any unnecessary delays or gaps in support.

Scope and Application

The Farm Household Support (Consequential and Transitional Provisions) Act 2014 applies to farmers and their partners who are experiencing financial hardship, as it is designed to implement the Farm Household Allowance (FHA), which is an income support payment for such individuals. This Act complements the Farm Household Support Act 2014, which is the primary legislation establishing the FHA. The Act also repeals the Farm Household Support Act 1992 and makes minor consequential amendments to other Acts to ensure the full and effective implementation of the FHA. The Act is a Commonwealth legislation, meaning it applies across Australia. The Farm Household Support (Consequential and Transitional Provisions) Commencement Proclamation 2014 specifies that Division 5 of Part 2 of Schedule 2 to the Act, which includes the repeal of references to Transitional Farm Family Payment and Interim FHA, commences on 1 October 2014. Other provisions of the Act may commence at different dates depending on the passage and commencement of related legislation. The Proclamation is a legislative instrument under the Legislative Instruments Act 2003, and it has been determined by the Office of Best Practice Regulation that a Regulation Impact Statement is not required due to the minor impacts of the Proclamation.

Key Provisions

The Farm Household Support (Consequential and Transitional Provisions) Commencement Proclamation 2014 (Proclamation) sets forth the commencement date for Division 5 of Part 2 of Schedule 2 of the Farm Household Support (Consequential and Transitional Provisions) Act 2014 (Act), which is 1 October 2014. This Proclamation is integral in ensuring the smooth transition from the previous farm household support schemes to the new Farm Household Allowance (FHA). Section 2(1) of the Act specifies that Division 5 of Part 2 of Schedule 2 commences on a day fixed by Proclamation, and the Proclamation fixes that day as 1 October 2014. This date was chosen to align with the cessation of Interim FHA, ensuring that there is no interruption in support for eligible farmers and their partners who are experiencing financial hardship. The Act, which received the Royal Assent on 28 March 2014, is designed to support the implementation of the FHA by repealing the outdated Farm Household Support Act 1992 and making minor consequential amendments to other Acts. Specifically, the Act removes redundant references to Transitional Farm Family Payment and Interim FHA in the Income Tax Assessment Act 1997 and the Social Security Act 1991. This amendment ensures that the legislative framework remains current and relevant to the new support mechanisms introduced by the FHA. The Act imposes several obligations on the parties involved. Firstly, it mandates the removal of outdated references in existing legislation to ensure coherence and avoid confusion. It also requires the Department of Agriculture to ensure that all relevant stakeholders are informed about the changes and the commencement date of the new provisions. Additionally, the Act necessitates the timely and effective transition from Interim FHA to the new FHA to prevent any gaps in support for farmers and their families. Breaching the provisions of the Act could result in civil consequences for non-compliance. However, the Proclamation and the Act do not explicitly outline specific penalties for non-compliance. It is expected that any breaches would be dealt with under the broader legislative framework governing the administration of income support payments. The overarching principle is to ensure that the transition to the new FHA is as seamless as possible for the affected farmers and their families. Overall, the Proclamation and the accompanying Act are designed to facilitate a smooth transition to the new FHA, ensuring that farmers and their families continue to receive the necessary support without any interruption. The precise commencement date of 1 October 2014 is crucial in this regard, as it aligns with the end of Interim FHA eligibility, thereby maintaining the continuity of support for those in need.

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Area of Law
Social Security Law
Instrument
Proclamation
Concepts
Commencement Provisions
Repeal & Amendment
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.