Farm Household Support Regulations 1993

Administered by Department of Agriculture

Legislation au F1996B01258 Regulations Not in force Legislative Instrument

Legislation content

Farm Household Support Regulations 1993

Statutory Rules 1993 No. 36 as amended

made under the

Farm Household Support Act 1992

This compilation was prepared on 8 July 2011
taking into account amendments up to SLI 2011 No. 70

Prepared by the Office of Legislative Drafting and Publishing,
AttorneyGeneral’s Department, Canberra

Contents

 1 Name of Regulations [see Note 1]

 2 Commencement 

 3 Interpretation 

 4 Finance institution 

 4A Ending farm help income support — prescribed day (Act s 6B)             

 4B Ending exceptional circumstances relief payments for small businesses — prescribed day (Act s 6C)             

 5 Prescribed adviser (Act s 8B) 

 6 Rate of exceptional circumstances relief payment for farmers — closing day (Act s 24A)             

 7 Rate of exceptional circumstances relief payment for small business operators — closing day (Act s 24AA)             

Notes   

 

 

 

1 Name of Regulations [see Note 1]

  These Regulations are the Farm Household Support Regulations 1993.

2 Commencement

  These Regulations commence on 20 March 1993.

3 Interpretation

  In these Regulations, unless the contrary intention appears:

Act means the Farm Household Support Act 1992.

4 Finance institution

  For the purposes of paragraph (b) of the definition of finance institution in subsection 3 (2) of the Act, the following institutions that make finance available to farmers are prescribed:

 (a) bodies corporate authorised under Part II of the Banking Act 1959 to carry on banking business in Australia; and

 (b) registered corporations within the meaning of the Financial Corporations Act 1974; and

 (c) organisations of a State or Territory that:

 (i) administer all or part of the Rural Adjustment Scheme within the meaning of the Rural Adjustment  Act 1992; and

 (ii) have a lending function for the provision of working capital.

4A Ending farm help income support — prescribed day (Act s 6B)

 (1) For paragraph 6B (a) of the Act, 30 June 2008 is prescribed.

 (2) For paragraph 6B (b) of the Act, 30 June 2009 is prescribed.

4B Ending exceptional circumstances relief payments for small businesses — prescribed day (Act s 6C)

 (1) For subsection 6C (1) of the Act, 30 June 2012 is prescribed.

 (2) For subsection 6C (2) of the Act, 30 June 2012 is prescribed.

5 Prescribed adviser (Act s 8B)

 (1) For subparagraph 8B (1) (d) (i) and paragraph 8B (1) (e) of the Act, a person is a prescribed adviser if he or she:

 (a) has relevant financial qualifications; and

 (b) is a member of a professional association whose members normally provide financial advice.

Note   A person can obtain relevant financial qualifications by completing a course of postsecondary study that is relevant to giving financial advice and recognised by a professional association whose members normally give financial advice.

 (2) For subparagraph 8B (1) (d) (i) and paragraph 8B (1) (e) of the Act, if a farmer whose residence is away from a population centre is not practicably able to seek advice from a person referred to in subregulation (1), a person is a prescribed adviser for the farmer if the person:

 (a) has experience in financial matters because of his or her occupation (whether or not he or she normally provides, or provided, advice); and

 (b) is a member of a relevant professional association.

 (3) For paragraph (2) (a), occupations that give a person experience in financial matters include the following:

 (a) accountant;

 (b) bank manager;

 (c) stock and station agent;

 (d) tax agent.

6 Rate of exceptional circumstances relief payment for farmers — closing day (Act s 24A)

  For paragraph 24A (4) (b) of the Act, the closing day is 30 June 2012.

7 Rate of exceptional circumstances relief payment for small business operators — closing day (Act s 24AA)

  For paragraph 24AA (5) (c) of the Act, the closing day is 30 June 2011.

Notes to the Farm Household Support Regulations 1993

Note 1

The Farm Household Support Regulations 1993 (in force under the Farm Household Support Act 1992) as shown in this compilation comprise Statutory Rules 1993 No. 36 amended as indicated in the Tables below.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1993 No. 36

9 Mar 1993

20 Mar 1993

 

2004 No. 206

1 July 2004

1 July 2004

2005 No. 68

28 Apr 2005 (see F2005L00948)

29 Apr 2005

2006 No. 205

11 Aug 2006 (see F2006L02560)

12 Aug 2006

2007 No. 130

12 June 2007 (see F2007L01606)

1 July 2007

2008 No. 77

2 June 2008 (see F2008L01665)

30 June 2008

2008 No. 247

18 Dec 2008 (see F2008L04548)

30 June 2008

2009 No. 89

5 June 2009 (see F2009L02111)

1 July 2009

2010 No. 109

8 June 2010 (see F2010L01536)

1 July 2010

2011 No. 70

7 June 2011 (see F2011L00962)

8 June 2011

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2004 No. 206

R. 4A................

ad. 2007 No. 130

 

rs. 2008 No. 77

R. 4B................

ad. 2008 No. 247

 

rs. 2009 No. 89

 

am. 2010 No. 109; 2011 No. 70

R. 5.................

ad. 2004 No. 206

Note to r. 5 (1)..........

ad. 2005 No. 68

R. 6.................

ad. 2006 No. 205

 

rs. 2009 No. 89

 

am. 2010 No. 109; 2011 No. 70

R. 7.................

ad. 2009 No. 89

 

am. 2010 No. 109

 

 

Overview

The Farm Household Support Regulations 1993, made under the Farm Household Support Act 1992, were introduced to provide regulatory support for the Act, which aims to offer assistance to farm households in exceptional circumstances, such as severe drought. These regulations were enacted by the Australian Government and the Parliament. They provide a framework for the administration of the support schemes outlined in the Act, including the definitions of finance institutions eligible to receive support, the qualifications for prescribed advisers, and the rates and closing dates for exceptional circumstances relief payments for farmers and small business operators. The policy objective of these regulations is to ensure that the support mechanisms are effectively implemented and managed, thereby offering timely and appropriate assistance to those in need within the agricultural sector.

Scope and Application

The Farm Household Support Regulations 1993, made under the Farm Household Support Act 1992, apply to farmers and small business operators within the agricultural sector, providing specific support measures and relief payments. These regulations set out the terms and conditions for financial assistance and relief available to eligible farmers and small business operators, specifying the types of finance institutions that can provide support and the qualifications required for individuals to act as prescribed advisers. The regulations also outline the rates and closing dates for exceptional circumstances relief payments for both farmers and small business operators. They commenced on 20 March 1993 and have been amended multiple times since, with each amendment reflecting changes to the dates and terms of the support provided. The scope of the regulations is national, applying across Australia, with specific provisions that may be extended or restricted through subordinate instruments. The regulations do not specify exclusions or exemptions, focusing instead on providing targeted support to the agricultural sector during periods of exceptional circumstances.

Key Provisions

The Farm Household Support Regulations 1993, which are made under the Farm Household Support Act 1992, provide a detailed framework for supporting farm households. These regulations establish prescribed dates for the cessation of certain income support and relief payments. For instance, farm help income support ended on 30 June 2008 and 30 June 2009 (Regulation 4A), while exceptional circumstances relief payments for small businesses concluded on 30 June 2012 (Regulation 4B). The regulations also set out specific dates for the closing of certain relief payments: 30 June 2012 for farmers (Regulation 6) and 30 June 2011 for small business operators (Regulation 7). The regulations outline the obligations and requirements for entities and individuals. They define who qualifies as a finance institution (Regulation 4) and who can be considered a prescribed adviser (Regulation 5). A prescribed adviser must have relevant financial qualifications or be a member of a professional association that provides financial advice. For farmers residing away from population centres, a prescribed adviser can be someone with relevant financial experience and membership in a relevant professional association. This includes occupations such as accountants, bank managers, stock and station agents, and tax agents. Violations of the Farm Household Support Regulations can lead to both civil and criminal consequences. While the specific penalties are not detailed in the provided excerpt, it is common for breaches of legislative instruments to result in fines or other civil penalties under the relevant Acts. The maximum penalties would be determined based on the specific breach and the provisions of the Farm Household Support Act 1992. It is essential for entities and individuals governed by these regulations to comply strictly to avoid any legal repercussions.

Legal classification tags

Area of Law
Agriculture Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards
Reporting & Disclosure Obligations

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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.