Restart Advice Scheme Amendment 1999 (No. 1)

Overview

The Restart Advice Scheme Amendment 1999 (No. 1) was enacted to address specific gaps and issues within the Restart Advice Scheme 1997. This legislative instrument was made by Mark Anthony James Vaile, the Minister for Agriculture, Fisheries and Forestry, under subsection 52B(1) of the Farm Household Support Act 1992. The amendment aims to refine the eligibility criteria for receiving assistance under the Restart Advice Scheme, ensuring that support is provided to those who genuinely need it and have not received a restart re-establishment grant within a certain period. The policy objective of this amendment is to ensure that the Scheme operates efficiently and effectively, targeting those who require assistance while preventing the unnecessary duplication of support. This instrument commenced upon its gazettal on 7 July 1999.

Scope and Application

The Restart Advice Scheme Amendment 1999 (No. 1) amends the Restart Advice Scheme 1997 and applies to individuals who are seeking assistance under the scheme, particularly those who have been assessed as eligible for such support. The amendment modifies the eligibility criteria for receiving assistance, specifying that a person can be eligible for assistance within 12 months after they last received restart income support if they have received such support for a period of one year or periods that total one year and have not received a restart re-establishment grant. This legislation is made under the authority of the Farm Household Support Act 1992 and is effective from the date of its gazettal. The amendment does not specify any exclusions or exemptions and operates on a national level, applying across all jurisdictions in Australia. The instrument may be further elaborated or restricted through subordinate instruments made under the authority of the Farm Household Support Act 1992.

Key Provisions

The Restart Advice Scheme Amendment 1999 (No. 1) amends the Restart Advice Scheme 1997. Under this amendment, the eligibility criteria for receiving assistance are modified. According to the amendment, a person is eligible to receive assistance under the Scheme within 12 months after they last received restart income support if they have received such support for a period of 1 year, or in respect of periods that add up to 1 year, have not received a restart re-establishment grant, and would otherwise be qualified to receive restart income support (section 2.2(2)). These changes are intended to ensure that individuals who meet these criteria can access the necessary support. The amendment imposes specific obligations on individuals seeking assistance under the Restart Advice Scheme. Eligible individuals must ensure that they have received restart income support for the stipulated duration and have not received a restart re-establishment grant. Additionally, they must meet the general eligibility criteria for restart income support. These obligations ensure that only those who meet the specified conditions can receive the assistance. There are no explicit offences, penalties, or civil/criminal consequences detailed within the Restart Advice Scheme Amendment 1999 (No. 1) itself. However, the general framework under the Farm Household Support Act 1992 may impose penalties for misuse of funds or fraudulent claims. While the specific penalties are not outlined in the amendment, they are likely to be consistent with the penalties applicable under the overarching legislation. Therefore, any breach of the terms of the Scheme could potentially result in penalties as stipulated in the primary Act.