FARM HOUSEHOLD SUPPORT AMENDMENT (EXCEPTIONAL CIRCUMSTANCES RELIEF PAYMENT) BILL 2005

i Farm Household Support Amendment (Exceptional Circumstances Relief Payment) Bill

2005 No. , 2005

Contents

Short title.......................................................................................1

Commencement .............................................................................1

Schedule(s)....................................................................................2

Schedule 1--Exceptional circumstances relief payment

Farm Household Support Act 1992

Farm Household Support Amendment (Exceptional Circumstances Relief Payment) Bill 2005

No. , 2005 1

A Bill for an Act to amend the law relating to

exceptional circumstances relief payment, and for

related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Farm Household Support Amendment

(Exceptional Circumstances Relief Payment) Act 2005.

2 Commencement

(1) Each provision of this Act 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.

2 Farm Household Support Amendment (Exceptional Circumstances Relief Payment) Bill

2005 No. , 2005

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Schedule 1,

item 1

The day on which this Act receives the

Royal Assent.

3. Schedule 1,

items 2 and 3

1 October 2005.

1 October 2005

4. Schedule 1,

item 4

The day on which this Act receives the

Royal Assent.

5. Schedule 1,

item 5

1 October 2005.

1 October 2005

Note:

This table relates only to the provisions of this Act as originally

passed by the Parliament and assented to. It will not be expanded to

deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

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repealed as set out in the applicable items in the Schedule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.

Exceptional circumstances relief payment Schedule 1

Farm Household Support Amendment (Exceptional Circumstances Relief Payment) Bill 2005

No. , 2005 3

Schedule 1--Exceptional circumstances relief

payment

Farm Household Support Act 1992

1 Subsection 3(2)

Insert:

off-farm salary and wages has the meaning given by subsection

24A(7).

2 Subsection 8A(2)

Repeal the subsection, substitute:

Certificate

(2) For the purposes of this section, an exceptional circumstances

certificate issued in respect of the person is a certificate that:

(a) is called an exceptional circumstances certificate; and

(b) was issued, for a specified period, to the person by the

Secretary; and

in respect of which the person is a farmer.

3 At the end of section 8A

Add:

(4) An exceptional circumstances certificate is not a legislative

instrument.

4 At the end of section 24A

Add:

$10,000 in off-farm salary and wages disregarded

(4) For the purposes of calculating a rate referred to in subsection (1)

for a person, for a fortnight all or part of which falls during the

period:

(a) beginning at the start of 1 July 2005; and

Schedule 1 Exceptional circumstances relief payment

4 Farm Household Support Amendment (Exceptional Circumstances Relief Payment) Bill

2005 No. , 2005

(b) ending at the end of 30 June 2006 or, if a later day is

prescribed, at the end of that later day (the closing day);

disregard the off-farm salary and wages of the person, or if the

person is a member of a couple, the off-farm salary and wages of

the person and the person's partner, in the amount worked out

under subsections (5) and (6).

(5) Except in a case to which subsection (6) applies, for a fortnight

which falls in whole or in part in a particular financial year,

disregard the lesser of:

(a) the total amount of off-farm salary and wages of the person

or, if the person is a member of a couple, of the person and

the person's partner, for the fortnight; and

(b) the amount worked out using the following formula:

Amount previously disregarded

Number of days

$10,000

in that financial year

in the fortnight

that fall within that

Number of days

financial year

remaining in that

financial year

where:

amount previously disregarded in that financial year means

the total amount of off-farm salary and wages of the person

or, if the person is a member of a couple, of the person and

the person's partner, already disregarded in calculating a rate

referred to in subsection (1) for the person for fortnights that

fall in whole or in part in that financial year, because of a

previous application, or previous applications, of this

subsection and subsection (4).

number of days remaining in that financial year means the

number of days in the period beginning at the start of the

fortnight, and ending at the end of 30 June in that financial

year.

(6) If the closing day is not 30 June, then for a fortnight which falls in

whole or in part in the period beginning at the start of the

immediately preceding 1 July and ending at the end of the closing

day, disregard the lesser of:

(a) the total amount of off-farm salary and wages of the person

or, if the person is a member of a couple, of the person and

the person's partner, for the fortnight; and

Exceptional circumstances relief payment Schedule 1

Farm Household Support Amendment (Exceptional Circumstances Relief Payment) Bill 2005

No. , 2005 5

(b) the amount worked out using the following formula:

Number of days

Total number

in the fornight

Amount

$10,000

of days in

that fall within

previously

the period

disregarded

Number

365

in the

of days

period

remaining

in the period

where:

amount previously disregarded in the period means the total

amount of off-farm salary and wages of the person or, if the

person is a member of a couple, of the person and the

person's partner, already disregarded in calculating a rate

referred to in subsection (1) for the person for fortnights that

fall in whole or in part in the period, because of a previous

application, or previous applications, of this subsection and

subsection (4).

number of days remaining in the period means the number

of days in the period beginning at the start of the fortnight,

and ending at the end of the closing day.

(7) A person's off-farm salary and wages are salary and wages that

are not earned from work that is in any way related to a farm

enterprise in respect of which the person or, where the person is a

member of a couple, the person's partner, is a farmer.

5 Transitional provision--existing exceptional circumstances

certificates

If:

(a) an exceptional circumstances certificate was issued under

subsection 8A(2) of the Farm Household Support Act 1992,

as in force immediately before 1 October 2005; and

(b) the certificate would, but for the amendment made by item 2

of this Schedule, be in effect on and after 1 October 2005;

the certificate continues to have effect on and after that day as if it were

made under subsection 8A(2) of that Act, as amended by that item.

Commonwealth of Australia Bills

FARM HOUSEHOLD SUPPORT AMENDMENT (EXCEPTIONAL CIRCUMSTANCES RELIEF PAYMENT) BILL 2005