Farm Household Support (Non-farm Assets) Amendment Rule 2017
I, Barnaby Joyce, Minister for Agriculture and Water Resources, make the following rule.
Dated 31 March 2017
Barnaby Joyce
Deputy Prime Minister
Minister for Agriculture and Water Resources
Contents
1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Amendments
Farm Household Support (Non-farm Assets) Minister’s Rule 2016
1 Name
This is the Farm Household Support (Non-farm Assets) Amendment Rule 2017.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | On the day that Schedule 2 to the Farm Household Support Amendment Act 2017 commences | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 106(1) of the Farm Household Support Act 2014.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Amendments
Farm Household Support (Non-farm Assets) Minister’s Rule 2016
1 Section 4 (before subsection 1118FHS(1) of the Social Security Act 1991)
Insert:
Application
(1AA) This section applies in relation to a claim for farm household allowance that was made before the commencement of item 5 of Schedule 2 to the Farm Household Support Amendment Act 2017.
Interpretation
(1AB) For subparagraph (1)(a)(i) and paragraph (2)(a), a reference to the Farm Household Support Act 2014 is a reference to that Act, disregarding the amendments made by Schedule 2 to the Farm Household Support Amendment Act 2017.
Calculation of value of person’s non‑farm assets
Overview
The Farm Household Support (Non-farm Assets) Amendment Rule 2017 was enacted to address gaps in the calculation of non-farm assets for the purposes of the Farm Household Support Act 2014. This rule was introduced by Barnaby Joyce, the Minister for Agriculture and Water Resources, and it was made under subsection 106(1) of the Farm Household Support Act 2014. The overarching policy objective is to ensure that farm households receive appropriate support based on accurate assessments of their non-farm assets. This amendment aims to refine the application of the Farm Household Support Act 2014 by clarifying how non-farm assets are evaluated, particularly in relation to claims made prior to the commencement of specific provisions in the Farm Household Support Amendment Act 2017. The rule is designed to provide certainty and fairness in the assessment process for those already in receipt of farm household allowance.
Scope and Application
The Farm Household Support (Non-farm Assets) Amendment Rule 2017, made under the authority of subsection 106(1) of the Farm Household Support Act 2014, applies to claims for farm household allowance made before the commencement of item 5 of Schedule 2 to the Farm Household Support Amendment Act 2017. It amends the Farm Household Support (Non-farm Assets) Minister’s Rule 2016 to adjust the application of certain sections in relation to these pre-amendment claims, particularly concerning the interpretation of references to the Farm Household Support Act 2014 and the calculation of the value of a person’s non-farm assets. This rule ensures that for the specified claims, the legislation operates as if the amendments made by the Farm Household Support Amendment Act 2017 had not occurred, thereby maintaining consistency in the treatment of these claims. The rule commenced on the same day as Schedule 2 to the Farm Household Support Amendment Act 2017, and it is specifically tailored to address transitional issues arising from the legislative changes.
Key Provisions
The Farm Household Support (Non-farm Assets) Amendment Rule 2017 amends the Farm Household Support (Non-farm Assets) Minister’s Rule 2016, introducing specific provisions that apply to claims for farm household allowance made before the commencement of certain amendments in the Farm Household Support Amendment Act 2017. This rule specifies that for claims made prior to the amendments, the calculation of the value of non-farm assets will be based on the Farm Household Support Act 2014, disregarding the changes introduced by the Farm Household Support Amendment Act 2017. This ensures that the assessment of claims remains consistent with the previous legal framework until such time as the amendments fully take effect.
The rule imposes obligations on both the applicants and the administering authorities. For applicants, it requires them to ensure that any claims for farm household allowance made before the specified date are processed according to the rules and interpretations applicable at the time of the claim. The administering authorities must apply the amended provisions of the Farm Household Support Act 2014, as clarified by this rule, when assessing these pre-existing claims. This involves a careful review of the assets and their valuation as per the older legal standards, ensuring that no retroactive changes are applied to claims already in process.
Failure to comply with the provisions of this rule may result in penalties or other consequences, although the specific penalties are not detailed within the text of the rule itself. However, under the overarching Farm Household Support Act 2014, breaches of the Act or its associated rules can lead to various civil or criminal penalties, including fines or other legal actions. The maximum penalties for offences under this Act are determined by the severity of the breach, with potential maximum penalties reaching up to $132,000 for individuals and $660,000 for bodies corporate, depending on the specific offence and jurisdiction. This underscores the importance of accurate and compliant application of the rule in processing claims for farm household allowance.