Social Security and Veterans' Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001

Administered by Department of Social Services

Legislation au C2004A00927 In force Act

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Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001

 

No. 151, 2001

 

 

 

 

An Act to amend the law relating to social security and veterans’ entitlements, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendment of the Social Security Act 1991

Schedule 2—Amendment of the Veterans’ Entitlements Act 1986

Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001

No. 151, 2001

 

 

 

An Act to amend the law relating to social security and veterans’ entitlements, and for related purposes

[Assented to 1 October 2001]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendment of the Social Security Act 1991

 

1  After section 1185A

Insert:

1185AA  Applicable cut‑off date

  In this Part:

applicable cut‑off date means:

 (a) in relation to a transfer, where:

 (i) the transfer was not completed before 1 July 2001; and

 (ii) a pre‑assessment request in relation to the transfer was lodged with the Department or the Agency before 1 August 2001; and

 (iii) the Department or Agency responded affirmatively to the request;

  the first day after the end of the period of 3 months beginning on the day on which the Department or Agency responded to the request; and

 (b) in relation to any other transfer—1 July 2001.

1185AB  Pre‑assessment request

Pre‑assessment request

 (1) For the purposes of this Part, a pre‑assessment request is a written request by a person:

 (a) for advice about whether this Part would apply to the person, or to the person’s partner, in the event that a proposed transfer were to take place; and

 (b) that sets out sufficient information to enable the advice to be given.

 (2) For the purposes of subsection (1), a written request does not include a request made by email.

Contact by telephone etc.—timing of request

 (3) For the purposes of this Part, if:

 (a) a person contacted the Department or the Agency:

 (i) by telephone; or

 (ii) by fax; or

 (iii) by email; or

 (iv) in person;

  for advice about whether this Part would apply to the person, or to the person’s partner, in the event that a proposed transfer were to take place; and

 (b) the person followed up that contact by lodging a pre‑assessment request with the Department or Agency within 21 days after the day on which the person contacted the Department or Agency;

the person is taken to have lodged the pre‑assessment request on the day on which the person contacted the Department or Agency.

Affirmative response to pre‑assessment request

 (4) For the purposes of this Part, if a person lodges a pre‑assessment request, the Department or the Agency is taken to have responded affirmatively to that request if, and only if, the Secretary, or an officer of the Agency, gives the person a written notice:

 (a) that contains advice to the effect that this Part would apply to the person, or to the person’s partner, in the event that the proposed transfer were to take place; and

 (b) that specifies the date on which the notice was issued.

Timing of response

 (5) The Department or the Agency is taken to have responded to a pre‑assessment request on the date specified in the notice as the date on which the notice was issued.

2  Paragraph 1185B(1)(a)

Omit “1 July 2001”, substitute “the applicable cut‑off date”.

3  Paragraph 1185B(2)(a)

Omit “1 July 2001”, substitute “the applicable cut‑off date”.

4  Subsection 1185D(3)

Omit “If”, substitute “If the applicable cut‑off date in relation to the transfer referred to in paragraph (1)(a) was 1 July 2001, and”.

5  Paragraph 1185D(3)(a)

Omit “referred to in paragraph (1)(a)”.

6  Subsection 1185D(4)

Omit “If”, substitute “If the applicable cut‑off date in relation to the transfer referred to in subsection (2) was 1 July 2001, and”.

7  Paragraph 1185D(4)(a)

Omit “referred to in subsection (2)”.

8  Paragraph 1185E(f)

Omit “1 July 2001”, substitute “the applicable cut‑off date”.

9  Paragraph 1185J(2)(b)

Omit “1 July 2001”, substitute “the applicable cut‑off date”.

10  Subsection 1185K(1) (method statement)

Omit “the day on which the transfer was completed” (wherever occurring), substitute “the applicable completion day”.

11  Subsection 1185K(5)

Insert:

applicable completion day, in relation to a transfer, means the earlier of:

 (a) the day on which the transfer was completed; and

 (b) 30 June 2001.

12  Subsection 1185K(5) (paragraph (b) of the definition of operative day)

Omit “the day on which the transfer of the person’s qualifying interest in the farm or farms was completed”, substitute “the applicable completion day in relation to the transfer of the person’s qualifying interest in the farm or farms”.

13  At the end of Part 3.14A

Add:

Division 6—Transitional: ex gratia payments

1185L  Ex gratia payments

 (1) If:

 (a) apart from this subsection, an amount would have become payable under this Act to a person in respect of a period; and

 (b) the amount would not have become payable if Divisions 1 to 5 of this Part had not been amended by the Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001; and

 (c) the person has been paid an ex gratia payment from the Commonwealth in respect of that period;

the amount mentioned in paragraph (a) is not payable to the person.

 (2) If:

 (a) apart from this subsection, an amount would have become payable under this Act to a person in respect of a period; and

 (b) the amount exceeds the amount that would have been payable if Divisions 1 to 5 of this Part had not been amended by the Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001; and

 (c) the person has been paid an ex gratia payment from the Commonwealth in respect of that period;

the amount mentioned in paragraph (a) is reduced by the amount of the excess.


Schedule 2—Amendment of the Veterans’ Entitlements Act 1986

 

1  After section 49

Insert:

49AA  Applicable cut‑off date

  In this Division:

applicable cut‑off date means:

 (a) in relation to a transfer, where:

 (i) the transfer was not completed before 1 July 2001; and

 (ii) a pre‑assessment request in relation to the transfer was lodged with the Department before 1 August 2001; and

 (iii) the Department responded affirmatively to the request;

  the first day after the end of the period of 3 months beginning on the day on which the Department responded to the request; and

 (b) in relation to any other transfer—1 July 2001.

49AB  Pre‑assessment request

Pre‑assessment request

 (1) For the purposes of this Division, a pre‑assessment request is a written request by a person:

 (a) for advice about whether this Division would apply to the person, or to the person’s partner, in the event that a proposed transfer were to take place; and

 (b) that sets out sufficient information to enable the advice to be given.

 (2) For the purposes of subsection (1), a written request does not include a request made by email.

Contact by telephone etc.—timing of request

 (3) For the purposes of this Division, if:

 (a) a person contacted the Department:

 (i) by telephone; or

 (ii) by fax; or

 (iii) by email; or

 (iv) in person;

  for advice about whether this Division would apply to the person, or to the person’s partner, in the event that a proposed transfer were to take place; and

 (b) the person followed up that contact by lodging a pre‑assessment request with the Department within 21 days after the day on which the person contacted the Department;

the person is taken to have lodged the pre‑assessment request on the day on which the person contacted the Department.

Affirmative response to pre‑assessment request

 (4) For the purposes of this Division, if a person lodges a pre‑assessment request, the Department is taken to have responded affirmatively to that request if, and only if, the Secretary, or an officer of the Department, gives the person a written notice:

 (a) that contains advice to the effect that this Division would apply to the person, or to the person’s partner, in the event that the proposed transfer were to take place; and

 (b) that specifies the date on which the notice was issued.

Timing of response

 (5) The Department is taken to have responded to a pre‑assessment request on the date specified in the notice as the date on which the notice was issued.

2  Paragraph 49A(1)(a)

Omit “1 July 2001”, substitute “the applicable cut‑off date”.

3  Paragraph 49A(2)(a)

Omit “1 July 2001”, substitute “the applicable cut‑off date”.

4  Subsection 49C(3)

Omit “If”, substitute “If the applicable cut‑off date in relation to the transfer referred to in paragraph (1)(a) was 1 July 2001, and”.

5  Paragraph 49C(3)(a)

Omit “referred to in paragraph (1)(a)”.

6  Subsection 49C(4)

Omit “If”, substitute “If the applicable cut‑off date in relation to the transfer referred to in subsection (2) was 1 July 2001, and”.

7  Paragraph 49C(4)(a)

Omit “referred to in subsection (2)”.

8  Paragraph 49D(f)

Omit “1 July 2001”, substitute “the applicable cut‑off date”.

9  Paragraph 49H(2)(b)

Omit “1 July 2001”, substitute “the applicable cut‑off date”.

10  Subsection 49J(1) (method statement)

Omit “the day on which the transfer was completed” (wherever occurring), substitute “the applicable completion day”.

11  Subsection 49J(5)

Insert:

applicable completion day, in relation to a transfer, means the earlier of:

 (a) the day on which the transfer was completed; and

 (b) 30 June 2001.

12  Subsection 49J(5) (paragraph (b) of the definition of operative day)

Omit “the day on which the transfer of the person’s qualifying interest in the farm or farms was completed”, substitute “the applicable completion day in relation to the transfer of the person’s qualifying interest in the farm or farms”.

13  At the end of Division 8 of Part IIIB

Add:

Subdivision 6—Transitional: ex gratia payments

49K  Ex gratia payments

 (1) If:

 (a) apart from this subsection, an amount would have become payable under this Act to a person in respect of a period; and

 (b) the amount would not have become payable if Subdivisions 1 to 5 of this Division had not been amended by the Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001; and

 (c) the person has been paid an ex gratia payment from the Commonwealth in respect of that period;

the amount mentioned in paragraph (a) is not payable to the person.

 (2) If:

 (a) apart from this subsection, an amount would have become payable under this Act to a person in respect of a period; and

 (b) the amount exceeds the amount that would have been payable if Subdivisions 1 to 5 of this Division had not been amended by the Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001; and

 (c) the person has been paid an ex gratia payment from the Commonwealth in respect of that period;

the amount mentioned in paragraph (a) is reduced by the amount of the excess.

 

 

[Minister’s second reading speech made in—

House of Representatives on 29 August 2001

Senate on 20 September 2001]

 

 

(158/01)


 

 

Overview

The Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001 was enacted by the Parliament of Australia to address the need for retirement assistance for farmers by amending the existing social security and veterans’ entitlements laws. The Act was introduced to provide a transitional measure to assist farmers who were nearing retirement and needed support to manage the transfer of their farming interests. The policy objective of the Act was to provide a fair and equitable system for farmers by introducing specific provisions for retirement transfers that would not disadvantage them in terms of social security and veterans' entitlements. The Act aimed to ensure that farmers could transfer their farming interests without losing their entitlements, thereby supporting the sustainability and viability of the farming sector. The Act amends the Social Security Act 1991 and the Veterans’ Entitlements Act 1986 to introduce new definitions and provisions that apply to the transfers of farming interests, particularly focusing on the timing of these transfers and the applicability of certain cut-off dates. Additionally, the Act includes transitional measures to manage ex gratia payments made by the Commonwealth, ensuring that farmers do not receive duplicate payments for the same period. By addressing these specific issues, the Act aimed to provide a comprehensive solution to the challenges faced by retiring farmers in maintaining their social security and veterans' entitlements.

Scope and Application

The Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001 applies to individuals, particularly farmers, who are considering transferring their farm holdings and the implications of such transfers on their eligibility for social security and veterans' entitlements. The Act amends the Social Security Act 1991 and the Veterans’ Entitlements Act 1986, introducing new provisions concerning the timing of farm transfers and their impact on entitlements. It is a Commonwealth Act, thereby extending its jurisdictional reach across Australia. The Act introduces specific cut-off dates for transfers and establishes a process for pre-assessment requests, with particular emphasis on written requests and the conditions under which such requests are deemed to have been made. Additionally, the Act provides for ex gratia payments, ensuring that any entitlement payments are adjusted where applicable. The Act does not explicitly state exclusions or exemptions, but its application is contingent on the specific conditions outlined within the amended sections of the referenced Acts. The Act may be further extended or restricted through subordinate instruments, although the primary legislation does not detail this.

Key Provisions

The Social Security and Veterans’ Entitlements Legislation Amendment (Retirement Assistance for Farmers) Act 2001 primarily aims to provide retirement assistance to farmers by amending the Social Security Act 1991 and the Veterans’ Entitlements Act 1986. Key provisions of this Act include the introduction of a new concept known as the "applicable cut-off date" (sections 1185AA and 49AA), which is defined differently based on whether a pre-assessment request was lodged and responded to affirmatively. Additionally, it introduces the notion of a "pre-assessment request" (sections 1185AB and 49AB), which is a written request for advice on the applicability of certain provisions in the event of a proposed transfer, excluding requests made by email. It also defines the timing of such requests and the conditions under which the Department or the Agency is deemed to have responded affirmatively (sections 1185AB(3), 1185AB(4), 49AB(3), and 49AB(4)). The Act further modifies the application of these provisions by replacing specific references to 1 July 2001 with the applicable cut-off date in various sections of both Acts. The Act imposes certain obligations on the parties or entities it governs. Primarily, it requires farmers or their partners to lodge a pre-assessment request if they wish to seek advice on whether the new provisions apply to them in the event of a proposed transfer of their farm. It mandates that such a request must be in writing and include sufficient information to enable the Department or the Agency to provide the necessary advice. Additionally, it outlines the conditions under which a request made by telephone, fax, email, or in person is deemed to be a pre-assessment request if followed up within 21 days by a written request. The Department or the Agency must respond to a pre-assessment request with a written notice containing the advice and the date of issue. The Act also requires adjustments to the timing and conditions of transfers, substituting references to 1 July 2001 with the applicable cut-off date and the applicable completion day. For breaches of the provisions in this Act, there are no explicit criminal offences or penalties stated in the text. However, the Act does outline specific consequences for entitlements under the Social Security Act 1991 and the Veterans’ Entitlements Act 1986. If a person has already received an ex gratia payment from the Commonwealth in respect of a period, any amount that would have been payable under the Act is either not payable or reduced by the amount of the excess (sections 1185L and 49K). This ensures that individuals do not receive double benefits for the same period.

Legal classification tags

Area of Law
Social Security Law
Veterans' Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Ex gratia Payments
Pre-assessment Request
Applicable Cut-off Date

Interactions

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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.