Restart Re-establishment Grant Scheme Amendment 1999 (No. 1)

Overview

The Restart Re-establishment Grant Scheme Amendment 1999 (No. 1) was introduced to address issues within the existing Restart Re-establishment Grant Scheme by amending the Restart Re-establishment Grant Scheme 1997. Enacted under the authority of the Farm Household Support Act 1992, this legislative instrument was made by Mark Anthony James Vaile, the Minister for Agriculture, Fisheries and Forestry, and came into effect upon gazettal on 7 July 1999. The policy objective behind this amendment is to refine eligibility criteria and administrative processes within the grant scheme to better support farmers and their families who are undergoing significant economic challenges. This amendment seeks to ensure that financial assistance is provided in a manner that is both efficient and supportive of those who need it most, without inadvertently excluding those who may have experienced involuntary separation from their farm enterprises.

Scope and Application

The Restart Re-establishment Grant Scheme Amendment 1999 (No. 1) is a legislative instrument made under the Farm Household Support Act 1992. This amendment applies to individuals who have sold a farm enterprise and were effectively in control of it immediately before the sale, provided they meet certain criteria. Specifically, the amendment alters the eligibility requirements for receiving a re-establishment grant under the Restart Re-establishment Grant Scheme 1997. It defines "net assets" for the purposes of the Scheme, modifies the definition to exclude personal and household effects up to a value of $10,000, and introduces conditions under which a person may be considered to have been in effective control of a farm enterprise prior to its sale. The amendment also restricts eligibility based on prior grant applications and their outcomes. The instrument's scope is limited to the Commonwealth jurisdiction, and its application may be extended or restricted through subordinate instruments.

Key Provisions

The Restart Re-establishment Grant Scheme Amendment 1999 (No. 1) amends the Restart Re-establishment Grant Scheme 1997 under the Farm Household Support Act 1992. This amendment primarily redefines eligibility criteria and clarifies conditions for receiving a re-establishment grant (Schedule 1, Amendments). Section 1.3 introduces the term "effectively in control" with its meaning as per section 8C of the Act. Subsection 3.1 redefines "net assets" to exclude personal and household effects up to a value of $10,000, modifying the definition in section 1118 of the Social Security Act 1991 by omitting certain paragraphs. The obligations under this amendment require applicants to meet specific conditions to be eligible for the grant. For example, the person must not have previously received a re-establishment grant under this scheme or under an agreement subject to the Rural Adjustment Act 1992 or a grant under the Pork Producer Exit Program (Schedule 1, Amendments, paragraphs 3.2(1)(g) and (h)). Additionally, if the applicant has applied for such grants and withdrawn or had the application rejected, they remain ineligible (Schedule 1, Amendments, paragraph 3.2(1)(h)). The amendment also clarifies that a person is considered to have been effectively in control if they entered into a valid and enforceable deed of assignment or allowed a mortgagee to take possession or sell the farm enterprise under specific conditions (Schedule 1, Amendments, subsection 3.2(1A)). Further, the amendment specifies that the assessment of net assets must be conducted immediately before the sale, rather than at the time of the sale, to determine eligibility (Schedule 1, Amendments, subsections 3.4(3) and 3.4(4)). These provisions ensure that only those who genuinely need support and meet the stipulated criteria can receive the grant, thereby maintaining the integrity of the scheme. Breaching the conditions set out in this legislation can lead to civil or criminal consequences. While the specific penalties are not detailed in the text, under the Farm Household Support Act 1992, penalties for providing false information or fraudulent claims could include fines and potential criminal charges. The penalties are determined based on the severity and intent of the breach, with maximum penalties available under relevant sections of the Act. This underscores the importance of compliance with the scheme's requirements to avoid adverse legal repercussions.