FARM HOUSEHOLD SUPPORT ACT 1992

This compilation was prepared on 6 April 2009
taking into account amendments up to Act No. 27 of 2009

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General's Department, Canberra

Contents

Part 1--Preliminary 1

1............ Short title [see Note 1] ....................................................................... 1

2............ Commencement [see Note 1] .............................................................. 1

3............ Interpretation ...................................................................................... 1

4............ Certificate of inability to obtain finance ............................................. 6

5............ Severe financial hardship .................................................................... 7

6............ Objects of exceptional circumstances relief payment and farm help income support 7

6AA...... Application of the Criminal Code ...................................................... 8

Part 1A--Ending farm household support, farm help income support and exceptional circumstances relief payments for small businesses 9

6A......... Ending farm household support ......................................................... 9

6B......... Ending farm help income support ...................................................... 9

6C......... Ending exceptional circumstances relief payments for small businesses 9

Part 2--Qualification for and payability of farm household support, exceptional circumstances relief payment or farm help income support 11

Division 1--Qualification for farm household support 11

7............ Qualification for farm household support ........................................ 11

8............ Persons not qualified if they have received farm household support for 2 years etc. 11

Division 1A--Qualification for exceptional circumstances relief payment 13

8A......... Qualification for exceptional circumstances relief payment ............. 13

Division 1B--Qualification for farm help income support 17

8B......... Qualification for farm help income support ..................................... 17

8C......... Persons not qualified if Secretary determines that they do not effectively control farm enterprises 18

8D......... Persons not qualified if they have received farm help income support for 1 year 18

8E.......... Persons not qualified in relation to later claims for farm help income support in certain circumstances 19

8F.......... Persons not qualified because farm help income support interrupted by exceptional circumstances relief payment .......................................................................................................... 19

Division 2--Situations in which farm household support, exceptional circumstances relief payment or farm help income support is not payable 21

9............ Overview of rules about non‑payability .......................................... 21

9A......... Farm household support not payable if exceptional circumstances relief payment is payable 22

9B......... Farm help income support not payable if farm household support or exceptional circumstances relief payment is payable ............................................................................................. 22

10.......... Assets test ........................................................................................ 23

11.......... Full‑time students ............................................................................. 24

12.......... Multiple entitlement exclusion ......................................................... 25

13.......... Commonwealth funded employment program exclusion ................. 27

13A....... Obligation to obtain advice ............................................................... 27

Part 3--Claim for farm household support, exceptional circumstances relief payment or farm help income support 28

14.......... Need for a claim ................................................................................ 28

15.......... Form of claim .................................................................................... 28

16.......... Lodgment of claim ............................................................................ 28

17.......... Claimant must be Australian resident and in Australia .................... 29

18.......... Secretary to determine claim ............................................................. 29

19.......... Grant of claim ................................................................................... 29

20.......... Date of effect of determination ......................................................... 30

Part 4--Rate of farm household support, exceptional circumstances relief payment or farm help income support 32

Division 1--Rate of farm household support 32

Subdivision A--Maximum fortnightly rate 32

21.......... Maximum fortnightly rate of farm household support--to be determined by Secretary 32

Subdivision B--Applicable rate 33

23.......... Declaration by applicant or recipient ............................................... 33

24.......... Applicable rate ................................................................................. 33

Division 2--Rate of exceptional circumstances relief payment 34

24A....... Rate of exceptional circumstances relief payment--how worked out for farmers 34

24AA.... Rate of exceptional circumstances relief payment--how worked out for small business operators 37

Division 3--Rate of farm help income support 42

24B....... Rate of farm help income support--how worked out ..................... 42

Part 5--Payment of farm household support, exceptional circumstances relief payment or farm help income support 44

25.......... Commencement of payment ............................................................. 44

26.......... Support to be by way of grant ......................................................... 44

26A....... Exceptional circumstances relief payment to be by way of grant .... 44

26B....... Farm help income support to be by way of grant ............................ 44

27.......... Rate at which farm household support payable ............................... 45

28.......... Instalments ....................................................................................... 45

29.......... Amount of instalments of farm household support ......................... 45

29A....... Amount of instalments of exceptional circumstances relief payment 45

29B....... Amount of instalments of farm help income support ...................... 46

30.......... Rounding off instalment ................................................................... 46

31.......... Instalment to be paid to person or nominee ..................................... 46

32.......... Method of payment ......................................................................... 46

33.......... Where instalment payable on public holiday etc. ............................. 47

Part 6--Former RAS (Part C) beneficiary 48

Division 1--General 48

34.......... Former RAS (Part C) beneficiary not required to make a claim under Part 3 but may do so 48

Division 2--Entitlement to farm household support when no claim made under Part 3 49

35.......... Application ....................................................................................... 49

36.......... Qualification for farm household support ........................................ 49

37.......... Certain provisions of Act not applicable ......................................... 49

38.......... Commencement of farm household support .................................... 49

39.......... Amount of instalment of farm household support ........................... 49

Part 7--Recipient's obligations 51

41.......... Secretary may require notice of the happening of an event or a change in circumstances 51

42.......... Secretary may require recipient to give particular information relevant to payment of farm household support, exceptional circumstances relief payment or farm help income support 52

Part 8--Termination of farm household support, exceptional circumstances relief payment or farm help income support 54

43.......... Automatic termination--social security benefit etc. payable .......... 54

44.......... Automatic termination--recipient complying with section 41 notification obligations 55

45.......... Automatic termination--recipient not complying with section 41 notification obligations 55

46.......... Automatic termination--failure to provide section 42 statement .... 56

47.......... Termination--determination by Secretary that recipient no longer in need 57

48.......... Termination--at request of recipient or if recipient ceases to be qualified 57

49.......... Termination--death of recipient ...................................................... 58

49A....... Automatic termination--overseas absence ....................................... 58

50.......... Automatic termination--exceptional circumstances relief payment received 59

51.......... Automatic termination--failure to obtain advice on financial outlook or develop activity plan 59

52.......... Termination by the Secretary--failure to comply with an activity plan 59

Part 9A--Farm help re‑establishment grant scheme 60

52A....... Farm help re‑establishment grant scheme ......................................... 60

52AA.... Where there is a return to farming .................................................... 61

52AB.... Secretary may require re‑establishment grant recipient to notify if events or circumstances indicative of a return to farming or a change of address occur ................................................ 61

52AC.... Secretary may require re‑establishment grant recipient to give a statement about whether returned to farming 62

Part 9B--Farm help advice and training scheme 64

52B....... Farm help advice and training scheme .............................................. 64

Part 9C--Dairy exit payments 66

52C....... DEP scheme ...................................................................................... 66

Part 10--Miscellaneous 68

53.......... Delegation of powers ........................................................................ 68

53A....... Delegation by Secretary: references to the Secretary and the Department 68

54.......... General power to obtain information ............................................... 69

54A....... Conversion of farm household support payments into grants ......... 72

55.......... Farm household support, exceptional circumstances relief payment, dairy exit payments and farm help scheme payments to be inalienable ............................................................... 72

55A....... Effect of garnishee or attachment order ............................................ 72

56.......... Recovery of overpayments .............................................................. 73

57.......... Source of funds for payments .......................................................... 74

57A....... Payments to RAS authorities--reimbursement of costs of issuing drought exceptional circumstances certificates .......................................................................................................... 75

58.......... Regulations ....................................................................................... 75

Part 11--Amendments of the Social Security Act 1991 77

60.......... Amendments of the Social Security Act 1991 ................................... 77

Notes 79

An Act relating to:

(a) the provision of income support and advice to farmers who may not have a long‑term productive, sustainable and profitable future in the sector; and

(b) the provision of financial incentives to farmers to leave farming; and

(c) the provision of relief payments to farmers who are in exceptional circumstances and to certain small business operators.

Notes to the Farm Household Support Act 1992

Note 1

The Farm Household Support Act 1992 as shown in this compilation comprises Act No. 241, 1992 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 20 November 1996 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act	Number and year	Date of Assent		Date of commencement	Application, saving or transitional provisions
Farm Household Support Act 1992	241, 1992	24 Dec 1992	20 Mar 1993
Social Security Legislation Amendment Act (No. 2) 1994	109, 1994	12 July 1994	Part 5 (ss. 58-63): 20 Sept 1994 (a)		--
Drought Relief Payment Act 1994	125, 1994	18 Oct 1994	18 Oct 1994		S. 3 (items 79-83)
Primary Industries and Energy Legislation Amendment Act (No. 2) 1994	129, 1994	21 Oct 1994	S. 3: (b)		--
Veterans' Affairs (1994‑95 Budget Measures) Legislation Amendment Act (No. 2) 1994	164, 1994	16 Dec 1994	Part 4 (s. 60): Royal Assent (c)		--
Student Assistance (Youth Training Allowance--Transitional Provisions and Consequential Amendments) Act 1994	184, 1994	23 Dec 1994	1 Jan 1995 (d)		Ss. 3-8
Primary Industries and Energy Legislation Amendment Act (No. 1) 1995	36, 1995	12 Apr 1995	Schedule (items 20-23): Royal Assent (e)		Sch. (item 23)
Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995	143, 1995	12 Dec 1995	Schedule 25: Royal Assent (f)		--
Social Security and Veterans' Affairs Legislation Amendment Act 1995	1, 1996	9 Jan 1996	Schedule 14: 20 Sept 1996 (g)		--
Primary Industries and Energy Legislation Amendment Act (No. 2) 1996	59, 1996	20 Nov 1996	Schedule 5: Royal Assent (h)		Sch. 5 (item 5) [see Table A]
Farm Household Support Amendment Act 1997	21, 1997	7 Apr 1997	5 May 1997		--
Primary Industries and Energy Legislation Amendment Act (No. 1) 1997	22, 1997	7 Apr 1997	Schedule 2: Royal Assent (i)		--
Commonwealth Services Delivery Agency (Consequential Amendments) Act 1997	29, 1997	17 Apr 1997	1 July 1997 (see s. 2)		--
Primary Industries and Energy Legislation Amendment Act (No. 2) 1997	94, 1997	30 June 1997	Schedule 3: 1 Oct 1997 (j)		--
Farm Household Support Amendment (Restart and Exceptional Circumstances) Act 1997	179, 1997	25 Nov 1997	25 Nov 1997		Sch. 3 [see Table A]
Social Security Legislation Amendment (Parenting and Other Measures) Act 1997	197, 1997	11 Dec 1997	Schedule 1 (items 298-300): 20 Mar 1998 (k)		--
Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998	45, 1998	17 June 1998	Schedule 13 (items 12-26): 1 July 1998 (l)		Sch. 13 (item 26) [see Table A]
Financial Sector Reform (Consequential Amendments) Act 1998	48, 1998	29 June 1998	Schedule 1 (item 47): 1 July 1998 ( see Gazette 1998, No. S316) (m)		--
Taxation Laws Amendment (Farm Management Deposits) Act 1998	85, 1998	2 July 1998	2 Jan 1999 (see s. 2)		--
Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998	93, 1998	15 July 1998	Schedule 7 (items 12-17): 1 Apr 1998 (n)		--
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998	102, 1998	30 July 1998	30 July 1998		--
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999	44, 1999	17 June 1999	Schedule 7 (items 32-34): 1 July 1999 ( see Gazette 1999, No. S283) (o)		S. 3(2)(e) (am. by 160, 2000, Sch. 4 [item 4])
as amended by
Financial Sector Legislation Amendment Act (No. 1) 2000	160, 2000	21 Dec 2000	Schedule 1 (item 21): Royal Assent Remainder: 18 Jan 2001		--
A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999	83, 1999	8 July 1999	Schedule 6: 1 July 2000 (p)		--
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 1999	170, 1999	10 Dec 1999	Schedule 3 (item 1): Royal Assent (q)		--
Farm Household Support Amendment Act 1999	184, 1999	22 Dec 1999	Schedule 1: 1 Dec 1999 Remainder: Royal Assent		--
Dairy Industry Adjustment Act 2000	22, 2000	3 Apr 2000	3 Apr 2000		--
Youth Allowance Consolidation Act 2000	106, 2000	6 July 2000	Schedule 5 (items 6-9): 1 July 1998 (r)		--
Social Security and Veterans' Entitlements Legislation Amendment (Private Trusts and Private Companies--Integrity of Means Testing) Act 2000	132, 2000	13 Nov 2000	13 Nov 2000		--
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000	137, 2000	24 Nov 2000	Ss. 1-3 and Schedule 1 (items 1, 4, 6, 7, 9-11, 32): Royal Assent Remainder: 24 May 2001		Sch. 2 (items 418, 419) [see Table A]
Farm Household Support Amendment Act 2000	144, 2000	7 Dec 2000	Ss. 1 and 2: Royal Assent Remainder: 18 Dec 2000 (see Gazette 2000, No. S634)		Sch. 3 (items 1-6, 6A) [see Table A]
as amended by
Farm Household Support Amendment Act 2003	115, 2003	27 Nov 2003	Schedule 2 (item 1): (see 115, 2003 below)		--
Dairy Produce Legislation Amendment (Supplementary Assistance) Act 2001	94, 2001	20 July 2001	20 July 2001		--
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001	115, 2001	18 Sept 2001	16 Oct 2001		S. 4 [see Table A]
Dairy Industry Legislation Amendment Act 2002	84, 2002	10 Oct 2002	10 Oct 2002		--
Dairy Industry Service Reform Act 2003	32, 2003	15 Apr 2003	Schedule 1: 1 July 2003 (see Gazette 2003, No. S228) Remainder: Royal Assent		Sch. 1 (items 127-129) [see Table A]
Farm Household Support Amendment Act 2003	115, 2003	27 Nov 2003	Schedule 1 (item 25): 18 Dec 2000 (see s. 2(1) [item 3]) Schedule 2 (item 1): (s) Remainder: Royal Assent		Sch. 1 (items 30-36) [see Table A]
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004	52, 2004	27 Apr 2004	Schedule 3 (item 21): 1 July 2004 ( see s. 2)		--
Farm Household Support Amendment Act 2004	70, 2004	23 June 2004	Schedule 1: 1 July 2004 Schedule 2: 1 July 2004 (see Gazette 2004, No. S229) Remainder: Royal Assent		Sch. 2 (items 23-29) [see Table A]
Farm Household Support Amendment Act 2005	30, 2005	21 Mar 2005	Schedule 1: 22 Mar 2005 Remainder: Royal Assent		Sch. 1 (items 7-10) [see Table A]
Farm Household Support Amendment (Exceptional Circumstances Relief Payment) Act 2005	69, 2005	26 June 2005	Schedule 1 (items 2, 3, 5): 1 Oct 2005 Remainder: Royal Assent		Sch. 1 (item 5) [see Table A]
Farm Household Support Amendment Act 2007	60, 2007	15 Apr 2007	15 Apr 2007		Sch. 1 (items 20-22) [see Table A]
Farm Household Support Amendment (Additional Drought Assistance Measures) Act 2008	39, 2008	24 June 2008	24 June 2008		Sch. 1 (items 20-29) and Sch. 2 (item 4) [see Table A]
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008	144, 2008	9 Dec 2008	Schedule 1 (items 2, 3): 10 Dec 2008		--
Household Stimulus Package Act (No. 2) 2009	4, 2009	18 Feb 2009	Schedule 4 and Schedule 5 (items 1-3): Royal Assent		Sch. 4 (item 1) [see Table A]
Tax Laws Amendment (2009 Measures No. 1) Act 2009	27, 2009	26 Mar 2009	Schedule 3 (items 92, 93, 102(1)): 27 Mar 2009		Sch. 3 (item 102(1)) [see Table A]

Commencement information
5. Schedule 2, item 1	Immediately after the time specified in the Farm Household Support Amendment Act 2000 for the commencement of item 51 of Schedule 1 to that Act.	18 December 2000

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Title......................................	rs. No. 125, 1994
	am. No, 179, 1997; No. 60, 2007
Part 1
S. 3......................................	am. Nos. 109, 125 and 184, 1994; No. 36, 1995; No. 59, 1996; Nos. 22, 29, 179 and 197, 1997; Nos. 45, 48, 85, 93 and 102, 1998; Nos. 44 and 83, 1999; Nos. 22 and 144, 2000; No. 84, 2002; Nos. 32 and 115, 2003; No. 70, 2004; Nos. 30 and 69, 2005; No. 60, 2007; No. 144, 2008
S. 4......................................	am. No. 129, 1994; No. 179, 1997; Nos. 22 and 144, 2000; No. 115, 2003
S. 4A...................................	ad. No. 179, 1997
	rep. No. 144, 2000
S. 5......................................	am. Nos. 109, 129 and 184, 1994; No. 45, 1998
	rep. No. 102, 1998
	ad. No. 70, 2004
S. 5A...................................	ad. No. 129, 1994
	rep. No. 102, 1998
S. 6......................................	am. No. 125, 1994; No. 179, 1997; No. 22, 2000
	rs. No. 70, 2004
	am. No. 60, 2007; No. 39, 2008
S. 6AA................................	ad. No. 115, 2001
Part 1A
Heading to Part 1A..............	rs. No. 179, 1997; No. 184, 1999; No. 144, 2000; No. 60, 2007
Part 1A................................	ad. No. 21, 1997
Heading to s. 6A.................	am. No. 179, 1997
S. 6A...................................	ad. No. 21, 1997
Heading to s. 6B..................	am. No. 144, 2000
S. 6B...................................	ad. No. 179, 1997
	am. No. 144, 2000; No. 115, 2003; No. 70, 2004
S. 6C...................................	ad. No. 179, 1997
	rep. No. 184, 1999
	ad. No. 60, 2007
	am. No. 39, 2008
Part 2
Heading to Part 2.................	am. No. 125, 1994
	rs. No. 179, 1997; No. 144, 2000
Division 1
Heading to Div. 1 of Part 2..	am. No. 125, 1994
S. 7......................................	am. No. 36, 1995; No. 60, 2007
S. 8......................................	am. Nos. 109 and 184, 1994; No. 45, 1998
Division 1A
Heading to Div. 1A of Part 2	rs. No. 179, 1997
Div. 1A of Part 2..................	ad. No. 125, 1994
Heading to s. 8A.................	am. No. 179, 1997
Subhead. to s. 8A(1)..........	am. No. 60, 2007
Subhead. to s. 8A(5)..........	am. No. 39, 2008
S. 8A...................................	ad. No. 125, 1994
	am. No. 59, 1996; No. 179, 1997; Nos. 30 and 69, 2005; No. 60, 2007; No. 39, 2008
Division 1B
Heading to Div. 1B of Part 2	rs. No. 144, 2000
Div. 1B of Part 2..................	ad. No. 179, 1997
Heading to s. 8B..................	am. No. 144, 2000
	rs. No. 70, 2004
S. 8B...................................	ad. No. 179, 1997
	am. No. 144, 2000
	rs. No. 70, 2004
	am. No. 30, 2005
Note to s. 8B.......................	am. No. 144, 2000
	rep. No. 70, 2004
S. 8C...................................	ad. No. 179, 1997
	am. No. 144, 2000
Heading to s. 8D..................	am. No. 144, 2000
S. 8D...................................	ad. No. 179, 1997
	am. No. 144, 2000
Heading to s. 8E..................	am. No. 144, 2000
S. 8E....................................	ad. No. 179, 1997
	am. No. 144, 2000; No. 70, 2004
S. 8F....................................	ad. No. 70, 2004
Division 2
Heading to Div. 2 of Part 2..	am. No. 125, 1994
	rs. No. 179, 1997; No. 144, 2000
Heading to s. 9....................	rs. No. 179, 1997
S. 9......................................	am. No. 125, 1994; No. 179, 1997; No. 144, 2000; No. 115, 2003
Heading to s. 9A.................	am. No. 179, 1997
S. 9A...................................	ad. No. 125, 1994
	am. No. 179, 1997
Note to s. 9A.......................	rep. No. 70, 2004
Heading to s. 9B..................	am. No. 144, 2000
S. 9B...................................	ad. No. 179, 1997
	am. No. 144, 2000
Note to s. 9B.......................	am. No. 144, 2000
	rs. No. 70, 2004
Heading to s. 10..................	rs. No. 179, 1997
S. 10....................................	am. No. 125, 1994; No. 1, 1996; No. 179, 1997; Nos. 132 and 144, 2000; No. 60, 2007; No. 39, 2008
S. 11....................................	am. No. 125, 1994; No. 179, 1997; No. 144, 2000
S. 12....................................	am. Nos. 125, 164 and 184, 1994; No. 1, 1996; Nos. 22 and 179, 1997; No. 45, 1998; No. 144, 2000; No. 52, 2004; No. 60, 2007; No. 39, 2008
S. 13....................................	am. No. 125, 1994; No. 179, 1997; No. 144, 2000
S. 13A.................................	ad. No. 179, 1997
	am. No. 144, 2000; No. 115, 2003
S. 13B.................................	ad. No. 144, 2000
	am. No. 115, 2003
	rep. No. 70, 2004
Part 3
Heading to Part 3.................	am. No. 125, 1994
	rs. No. 179, 1997; No. 144, 2000
Ss. 14, 15............................	am. No. 125, 1994; No. 179, 1997; No. 144, 2000
S. 19....................................	am. No. 125, 1994; No. 179, 1997; No. 144, 2000; No. 70, 2004
S. 20....................................	am. No. 125, 1994; No. 179, 1997; No. 144, 2000
Part 4
Heading to Part 4.................	am. No. 125, 1994
	rs. No. 179, 1997; No. 144, 2000
Division 1
Heading to Div. 1 of Part 4..	rs. No. 125, 1994
Subdivision A
Heading to Subdiv. A of ..... Div. 1 of Part 4	ad. No. 125, 1994
S. 21....................................	am. No. 22, 1997; No. 60, 2007
Heading to s. 21A...............	am. No. 45, 1998
	rep. No. 60, 2007
S. 21A.................................	ad. No. 184, 1994
	am. No. 45, 1998
	rep. No. 60, 2007
Heading to s. 22..................	am. No. 45, 1998
	rep. No. 60, 2007
S. 22....................................	rs. No. 109, 1994
	am. Nos. 125 and 184, 1994; No. 1, 1996; No. 45, 1998
	rep. No. 60, 2007
Subdivision B
Heading to Subdiv. B of ..... Div. 1 of Part 4	ad. No. 125, 1994
Division 2
Heading to Div. 2 of Part 4..	rs. No. 125, 1994; No. 179, 1997
Div. 2 of Part 4....................	ad. No. 125, 1994
Heading to s. 24A...............	am. No. 179, 1997; No. 60, 2007
Subhead. to s. 24A(4)........	am. No. 39, 2008
S. 24A.................................	ad. No. 125, 1994
	am. Nos. 1 and 59, 1996; Nos. 22, 179 and 197, 1997; No. 93, 1998; No. 83,1999; No. 106, 2000; No. 69, 2005; No. 60, 2007; No. 39, 2008; Nos. 4 and 27, 2009
Subhead. to s. 24AA(5)......	am. No. 39, 2008
Subhead. to s. 24AA(7)......	am. No. 39, 2008
S. 24AA..............................	ad. No. 60, 2007
	am. No. 39, 2008; Nos. 4 and 27, 2009
Division 3
Heading to Div. 3 of Part 4..	rs. No. 144, 2000
Div. 3 of Part 4....................	ad. No. 179, 1997
Heading to s. 24B................	am. No. 144, 2000
S. 24B.................................	ad. No. 179, 1997
	am. No. 197, 1997; No. 83, 1999; Nos. 106 and 144, 2000; No. 60, 2007; No. 4, 2009
Part 5
Heading to Part 5.................	am. No. 125, 1994
	rs. No. 179, 1997; No. 144, 2000
Heading to s. 25..................	rs. No. 179, 1997
S. 25....................................	am. No. 125, 1994; No. 179, 1997; No. 144, 2000
Heading to s. 26..................	am. No. 179, 1997
S. 26....................................	rs. No. 102, 1998
Heading to s. 26A...............	am. No. 179, 1997
S. 26A.................................	ad. No. 125, 1994
	am. No. 179, 1997
Heading to s. 26B................	am. No. 144, 2000
S. 26B.................................	ad. No. 179, 1997
	am. No. 144, 2000
S. 28....................................	am. No. 125, 1994; No. 179, 1997; No. 144, 2000
S. 29....................................	am. No. 125, 1994
Heading to s. 29A...............	am. No. 179, 1997
S. 29A.................................	ad. No. 125, 1994
	am. No. 179, 1997
Note 1 to s. 29A..................	rs. No. 170, 1999
Note 2 to s. 29A..................	ad. No. 94, 1997
Heading to s. 29B................	am. No. 144, 2000
S. 29B.................................	ad. No. 179, 1997
	am. No. 144, 2000
Note 2 to s. 29B..................	am. No. 144, 2000
S. 31....................................	am. No. 125, 1994; No. 179, 1997; No. 144, 2000
S. 32....................................	am. No. 44, 1999
S. 33....................................	am. No. 125, 1994; No. 179, 1997; No. 144, 2000
Part 6
Division 2
S. 37....................................	am. No. 125, 1994
Div. 3 of Part 6....................	rep. No. 102, 1998
S. 40....................................	rep. No. 102, 1998
Part 7
S. 41....................................	am. No. 125, 1994; No. 143, 1995; No. 179, 1997; Nos. 137 and 144, 2000; No. 115, 2001; No. 30, 2005
Heading to s. 42..................	am. No. 179, 1997; No. 144, 2000
S. 42....................................	am. No. 125, 1994; No. 143, 1995; No. 179, 1997; Nos. 137 and 144, 2000; No. 115, 2001
Part 8
Heading to Part 8.................	am. No. 125, 1994
	rs. No. 179, 1997; No. 144, 2000
S. 43....................................	am. Nos. 125 and 184, 1994; Nos. 1 and 59, 1996; No. 179, 1997; No. 45, 1998; No. 144, 2000
Ss. 44-46............................	am. No. 125, 1994; No. 179, 1997; No. 144, 2000
Heading to s. 47..................	am. No. 179, 1997
S. 47....................................	am. No. 125, 1994; No. 179, 1997; No. 144, 2000
Ss. 48, 49............................	am. No. 125, 1994; No. 179, 1997; No. 144, 2000
S. 49A.................................	ad. No. 39, 2008
Heading to Part 8A..............	rs. No. 179, 1997; No. 144, 2000
	rep. No. 70, 2004
Part 8A................................	ad. No. 125, 1994
	rep. No. 70, 2004
Heading to s. 49A...............	rs. No. 179, 1997
	am. No. 144, 2000
	rep. No. 70, 2004
S. 49A.................................	ad. No. 125, 1994
	am. No. 179, 1997; No. 144, 2000
	rep. No. 70, 2004
Heading to s. 49B................	am. No. 179, 1997
	rep. No. 70, 2004
S. 49B.................................	ad. No. 125, 1994
	am. No. 179, 1997; No. 102, 1998
	rep. No. 70, 2004
Heading to s. 49C................	am. No. 179, 1997
	rep. No. 70, 2004
S. 49C.................................	ad. No. 125, 1994
	am. No. 179, 1997; No. 102, 1998
	rep. No. 70, 2004
Heading to s. 49D................	am. No. 144, 2000
	rep. No. 70, 2004
Subhead. to s. 49D(2).........	am. No. 144, 2000
	rep. No. 70, 2004
S. 49D.................................	ad. No. 179, 1997
	am. No. 144, 2000
	rep. No. 70, 2004
Heading to Part 9.................	am. No. 125, 1994
	rep. No. 102, 1998
Part 9...................................	rep. No. 102, 1998
S. 50....................................	rep. No. 102, 1998
	ad. No. 70, 2004
S. 50A.................................	ad. No. 129, 1994
	am. No. 143, 1995
	rep. No. 102, 1998
S. 51....................................	rep. No. 102, 1998
	ad. No. 70, 2004
S. 52....................................	am. Nos. 109, 129 and 184, 1994
	rs. No. 1, 1996
	am. No. 45, 1998
	rep. No. 102, 1998
	ad. No. 70, 2004
Part 9A
Heading to Part 9A..............	rs. No. 144, 2000
Part 9A................................	ad. No. 179, 1997
Heading to s. 52A...............	am. No. 144, 2000
S. 52A.................................	ad. No. 179, 1997
	am. No. 144, 2000 (as am. by No. 115, 2003); No. 84, 2002; Nos. 32 and 115, 2003; No. 70, 2004
Note to s. 52A(2)................	rep. No. 184, 1999
S. 52AA..............................	ad. No. 70, 2004
Ss. 52AB, 52AC..................	ad. No. 30, 2005
Part 9B
Heading to Part 9B..............	rs. No. 144, 2000; No. 115, 2003
Part 9B................................	ad. No. 179, 1997
Heading to s. 52B................	am. No. 144, 2000
	rs. No. 115, 2003
S. 52B.................................	ad. No. 179, 1997
	am. No. 144, 2000; No. 115, 2003; No. 70, 2004
Part 9C
Part 9C................................	ad. No. 22, 2000
S. 52C.................................	ad. No. 22, 2000
	am. No. 94, 2001; No. 32, 2003
Part 10
S. 53....................................	am. No. 129, 1994; No. 29, 1997; Nos. 22 and 144, 2000; No. 115, 2003
S. 53A.................................	ad. No. 29, 1997
	am. Nos. 22 and 144, 2000; No. 115, 2003
S. 54....................................	am. No. 125, 1994; No. 143, 1995; No. 179, 1997; Nos. 22, 137 and 144, 2000; No. 115, 2001
S. 54A.................................	ad. No. 102, 1998
Heading to s. 55..................	am. No. 179, 1997; Nos. 22 and 144, 2000
S. 55....................................	am. No. 125, 1994; No. 179, 1997; Nos. 22 and 144, 2000
S. 55A.................................	ad. No. 179, 1997
	am. No. 44, 1999; No. 144, 2000
S. 56....................................	am. No. 125, 1994; No. 179, 1997; Nos. 22 and 144, 2000; No. 84, 2002; No. 32, 2003
Note to s. 56........................	ad. No. 94, 1997
	am. No. 179, 1997; No. 144, 2000
Heading to s. 57..................	rs. No. 179, 1997
S. 57....................................	am. No. 125, 1994; No. 179, 1997; Nos. 22 and 144, 2000; No. 84, 2002
S. 57A.................................	ad. No. 36, 1995
S. 59....................................	rep. No. 179, 1997

Table A

Application, saving or transitional provisions

Primary Industries and Energy Legislation Amendment Act (No. 2) 1996 (No. 59, 1996)

Schedule 5

5 Application

The amendment made by item 4 applies to the proceeds of disposals that occur after the commencement of this Schedule.

Farm Household Support Amendment (Restart and Exceptional
Circumstances) Act 1997 (No. 179, 1997)

Schedule 3

1 Definitions

In this Schedule:

amended FHS Act means the Farm Household Support Act 1992 as amended and in force from time to time after the commencement of this Act.

previous FHS Act means the Farm Household Support Act 1992 as in force immediately before the commencement of this Act.

2 Continued effect of drought exceptional circumstances certificates and continued payment of relief pursuant to such certificates

(1) A drought exceptional circumstances certificate referred to in section 8A of the previous FHS Act that was in force immediately before the commencement of this Act has effect, for the remainder of the period specified in it, as if it were an exceptional circumstances certificate referred to in section 8A of the amended FHS Act.

(2) Subject to the provisions of the amended FHS Act, exceptional circumstances relief payment is to be paid to the person to whom the certificate was issued for the remainder of the period specified in the certificate as if the person's claim for drought relief payment were a claim for exceptional circumstances relief payment.

3 Treatment of undetermined claims for drought relief

A claim for drought relief payment made, but not determined, before the commencement of this Act is to be treated, after that commencement, as if it were a claim for exceptional circumstances relief payment.

4 References in Acts to exceptional circumstances relief payment also cover drought relief payment

A reference in the amended FHS Act, or in another Act that is amended by this Act, to exceptional circumstances relief payment paid to a person has effect, after the commencement of this Act, as if it included a reference to drought relief payment paid to a person under the Farm Household Support Act 1992.

Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 (No. 45, 1998)

Schedule 13

26 Application

The amendments made by items 24 and 25 apply in relation to the sale of farms on or after the commencement of this item.

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)

Schedule 2

418 Transitional--pre‑commencement offences

(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:

(a) an offence committed before the commencement of this item; or

(b) proceedings for an offence alleged to have been committed before the commencement of this item; or

as if the amendment or repeal had not been made.

(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.

419 Transitional--pre‑commencement notices

If:

(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and

(b) any or all of those other provisions are repealed by this Schedule; and

the amendment of the first‑mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.

Farm Household Support Amendment Act 2000 (No. 144, 2000)

Schedule 3

1 Restart beneficiaries automatically entitled to farm help

(1) A person who was receiving restart income support immediately before the farm help scheme payment commencement day is, on and after that day, entitled to receive farm help income support without making a claim under Part 3 of the amended FHS Act.

(2) Farm help income support is then payable to the person subject to the provisions of the amended FHS Act.

2 Payments of restart income support taken to be farm help income support

A payment of restart income support made before the farm help scheme payment commencement day to a person is taken to be a payment of farm help income support to the person for the following purposes:

(a) sections 8D and 8E of the amended FHS Act;

(b) the farm help re‑establishment grant scheme;

(d) the DEP scheme.

3 Effect of directions etc.

If, before the farm help scheme payment commencement day, the Secretary gave a direction to a person under section 13A of the Farm Household Support Act 1992, or under the restart re‑establishment grant scheme, section 13A and section 52A of the amended FHS Act and the farm help advice scheme apply, after that day, as if the direction had been given to the person under section 13A of the amended FHS Act, or under the farm help re‑establishment grant scheme, as the case requires.

4 Claims made but not determined before farm help scheme payment commencement day

A claim for restart income support, or an application or request for a restart re‑establishment grant made, but not determined, before the farm help scheme payment commencement day is to be treated, after the farm help scheme payment commencement day, as if it were a claim for farm help income support, or an application or request for a farm help re‑establishment grant, as the case requires.

5 References to decisions in section 20

Section 20 of the amended FHS Act has effect as if a reference in that section to a decision rejecting a person's claim for farm help income support included a reference to a decision made before the farm help scheme payment commencement day rejecting a person's claim for restart income support.

6 Part 10

Part 10 of the amended FHS Act has effect after the farm help scheme payment commencement day as if references in that Part to farm help income support included references to restart income support.

6A Effect of sections 53 and 53A

Subsections 53(4) and 53A(8) of the Farm Household Support Act 1992 are taken, for all purposes, to have effect as if the definition of this Act in each of those subsections had, throughout the period:

(a) beginning on 1 December 1997; and

(b) ending on the farm help scheme payment commencement day;

included a reference to the restart advice scheme and the restart re‑establishment grant scheme (within the meaning of the Farm Household Support Act 1992 as in force immediately before the farm help scheme payment commencement day).

Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001 (No. 115, 2001)

4 Application of amendments

(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

Dairy Industry Service Reform Act 2003 (No. 32, 2003)

Schedule 1

127 Dairy produce

A product that is dairy produce, immediately before the commencement of this item, under paragraph (c) of the definition of dairy produce in subsection 3(1) of the Dairy Produce Act 1986 is taken, after the commencement of this item, to continue to be dairy produce under that paragraph.

128 Continuation of secrecy obligations

Section 119 of the Dairy Produce Act 1986 as in force before the commencement of this item continues to apply after the commencement of this item to a person who, immediately before the commencement of this item, was a person to whom that section applied as if the amendments to that section made by this Schedule had not been made.

129 Final annual reports

(1) For the final reporting period, the directors of Dairy Australia Limited must, in relation to the Australian Dairy Corporation and the Dairy Research and Development Corporation, prepare the report referred to in section 9 of the Commonwealth Authorities and Companies Act 1997. The report may include such other matters as the directors consider appropriate.

(2) For the purposes of this item, the final reporting period is to be treated as a financial year.

(3) In this item:

final reporting period means the period that:

(a) started on 1 July 2002; and

(b) ends at the commencement of this item.

Farm Household Support Amendment Act 2003 (No. 115, 2003)

Schedule 1

30 Definitions

In this Part:

commencement means the commencement of this item.

Principal Act means the Farm Household Support Act 1992.

31 Certificates of inability to obtain finance

(1) The amendments made by items 4, 5 and 6 apply to certificates of inability to obtain finance issued after commencement.

(2) If:

(a) a certificate of inability to obtain finance was issued to a farmer before commencement; and

(b) the certificate was in effect immediately before commencement;

then the certificate has effect for 13 months from the day on which it was issued.

(3) However, the certificate ceases to have effect if:

(a) a finance institution makes a loan available to the farmer; or

(b) if the farmer is receiving farm help income support--farm help income support ceases to be payable to the farmer.

32 Extension of farm help income support

The amendment made by item 8 applies to claims lodged, or taken to have been lodged, before or after commencement.

33 Activity plan directions under section 13B

(1) The amendments made by items 11, 12, 13 and 15 apply in relation to claims for farm help income support made after commencement.

(2) Despite the amendments made to section 13B of the Principal Act by items 11, 12, 13 and 15, that section, as in force immediately before commencement, continues in force after commencement, in relation to claims for farm help income support made before commencement, as if the amendments had not been made.

(3) Despite the amendments made to section 13B of the Principal Act by items 11, 12, 13 and 15, an activity plan direction that:

(a) was given, before commencement, under section 13B of the Principal Act; and

(b) was in force immediately before commencement;

continues in force after commencement, as if the amendments had not been made.

34 Activity plan directions under the farm help re‑establishment grant scheme

(1) The amendments made by items 17, 18, 20 and 26 apply in relation to claims for re‑establishment grant made after commencement.

(2) Despite the repeal of subsections 52A(3A), (3B) and (3C) of the Principal Act made by item 17, those subsections, as in force immediately before commencement, continue in force after commencement in relation to claims for re‑establishment grant made before commencement, as if the repeal had not been made.

(3) Despite the repeal of subsections 52A(3A), (3B) and (3C) of the Principal Act made by item 17, the provisions of the farm help re‑establishment grant scheme that:

(a) were made under those subsections; and

(b) were in force immediately before commencement;

continue in force after commencement in relation to claims for re‑establishment grant made before commencement, as if the repeal had not been made.

(4) Despite the repeal of subsections 52A(3A), (3B) and (3C) of the Principal Act made by item 17, an activity plan direction that:

(a) was given, before commencement, under a provision of the farm help re‑establishment grant scheme that was made under those subsections; and

(b) was in force immediately before commencement;

continues in force after commencement, as if the repeal had not been made.

35 Farm help advice and training scheme

(1) Despite the repeal of subsection 52B(1) of the Principal Act made by item 23, the farm help advice scheme (the old scheme):

(a) made under that subsection; and

(b) as in force immediately before commencement;

continues in force after commencement as if it were made under that subsection (as substituted by this Act) and called the farm help advice and training scheme (the new scheme).

(2) The amendments made by items 1, 2, 3, 9, 10, 14, 16, 19, 21, 22, 23, 24, 28 and 29 apply in relation to claims for farm help advice and training grant made after commencement.

(3) A person who, immediately before commencement, was eligible to receive assistance under the old scheme is taken, immediately after commencement, to be eligible to receive farm help advice and training grant under the new scheme, and any payments made to the person under the old scheme are taken to have been made under the new scheme.

(4) A person who, immediately before commencement, was eligible to receive farm help retraining grant under the farm help re‑establishment grant scheme is taken, immediately after commencement, to be eligible to receive farm help advice and training grant under the new scheme, and any payments of farm help retraining grant made to the person under the farm help re‑establishment grant scheme are taken to have been made under the new scheme.

(5) If a payment under the new scheme is to be made to a person covered by subitem (3) or (4), the Secretary may direct the person to develop, and act in accordance with, an individual activity plan as specified in the direction.

(6) The Principal Act, and instruments made under the Principal Act, apply to a direction given under subitem (5) as if it were an activity plan direction given under subsection 13B(1) of the Principal Act.

36 Application of item 27

The amendment made by item 27 applies in relation to breaches, made after commencement, of directions given before or after commencement.

Farm Household Support Amendment Act 2004 (No. 70, 2004)

Schedule 2

23 Definition

In this Schedule:

Principal Act means the Farm Household Support Act 1992.

24 Farm help income support

(1) The amendments made by items 1, 2, 3, 6, 7, 8, 9, 11, 12, 13, 20, 21 and 22 of this Schedule apply in relation to farm help income support where the claim for that support is made on or after the commencement of this item.

(2) The amendment made by item 14 of this Schedule, to the extent that it relates to the insertion of sections 51 and 52 of the Principal Act, applies in relation to farm help income support where the claim for that support is made on or after the commencement of this item.

25 Exceptional circumstances relief payment

The amendment made by item 8 of this Schedule applies in relation to exceptional circumstances relief payment where the claim for that payment is made on or after the commencement of this item.

26 Interaction between exceptional circumstances relief payment and farm help income support

(1) The amendments made by items 10 and 15 of this Schedule apply where the exceptional circumstances relief payment that resulted in farm help income support not being payable to a person was received under a claim made on or after the commencement of this item.

(2) The amendment made by item 14 of this Schedule, to the extent that it relates to the insertion of section 50 of the Principal Act, applies where the exceptional circumstances relief payment that resulted in farm help income support not being payable to a person was received under a claim made on or after the commencement of this item.

27 Activity plan directions under section 13B

(1) Despite the repeal of section 13B of the Principal Act by item 11 of this Schedule, that section, as in force immediately before the commencement of that item, continues in force on and after commencement, in relation to farm help income support where a claim for that support was made before commencement, as if the repeal had not occurred.

(2) Despite the repeal of section 13B of the Principal Act by item 11 of this Schedule, an activity plan direction that:

(a) was given, before the commencement of that item, under section 13B of the Principal Act; and

(b) was in force immediately before that commencement;

continues in force after that commencement, as if the repeal had not occurred.

(3) Despite the repeal of section 13B of the Principal Act by item 11 of this Schedule, the consequences of failure to comply with an activity plan direction that:

(a) was given, before the commencement of that item, under that section; and

(b) was in force immediately before that commencement;

continue to be determined by the method provided under the farm help advice and training scheme as in force immediately before that commencement.

28 Farm help re‑establishment scheme

(1) The amendments made by items 4, 5, 8, 16 and 17 of this Schedule apply in relation to the farm help re‑establishment scheme where a claim for a grant under the scheme is made on or after the commencement of this item.

(2) Despite:

(a) the amendments of subsection 3(2) of the Principal Act made by items 4 and 5 of this Schedule; and

(b) the amendment of section 52A of the Principal Act made by item 16 of this Schedule; and

section 52A of the Principal Act and instruments made under that section, as in force immediately before the commencement of those items, continue in force on and after that commencement, in relation to a farm help re‑establishment grant where the claim for the grant was made before that commencement, as if the amendments and insertion had not been made.

29 Farm help advice and training scheme

(1) The amendments of section 52B of the Principal Act made by items 18 and 19 of this Schedule apply in relation to the farm help advice and training scheme where a claim for a grant under the scheme is made on or after the commencement of this item.

(2) Despite the amendments of section 52B of the Principal Act made by items 18 and 19 of this Schedule, that section and instruments made under that section, as in force immediately before the commencement of those items, continue in force on and after that commencement, in relation to farm help advice and training grants where the claim for the grant was made before that commencement, as if the amendments had not been made.

Farm Household Support Amendment Act 2005 (No. 30, 2005)

Schedule 1

7 Definition

In this Part:

Principal Act means the Farm Household Support Act 1992.

8 Farm help income support

(1) The amendments made by items 1, 3 and 4 of this Schedule apply in relation to farm help income support where the claim for that support is made on or after the commencement of this item.

(2) Despite subitem (1), if:

(a) a person makes a claim for farm help income support on or after the commencement of this item; and

(b) in making the claim, the person relies on advice on financial outlook or an activity plan obtained with the assistance of a farm help advice and training grant; and

(c) that grant was made before the commencement of this item but within the period of 3 months ending on the day on which the claim for farm help income support is made;

the amendments made by items 1, 3 and 4 of this Schedule do not apply for the purposes of determining whether the person is qualified for farm help income support in respect of that claim.

9 Exceptional circumstances relief payment

The amendments made by items 1 and 2 of this Schedule apply in relation to exceptional circumstances relief payment where the claim for that payment is made on or after the commencement of this item.

10 Farm help re‑establishment scheme

(1) The amendment made by item 6 of this Schedule applies in relation to the farm help re‑establishment scheme where a claim for a grant under the scheme is made on or after the commencement of this item.

(2) Despite the insertion of sections 52AB and 52AC of the Principal Act made by item 6 of this Schedule, section 52A of the Principal Act and instruments made under that section, as in force immediately before the commencement of that item, continue in force on and after that commencement, in relation to a farm help re‑establishment grant where the claim for the grant was made before that commencement, as if the amendment and insertion had not been made.

Farm Household Support Amendment (Exceptional Circumstances Relief Payment) Act 2005 (No. 69, 2005)

Schedule 1

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.

Farm Household Support Amendment Act 2007 (No. 60, 2007)

Schedule 1

20 Definition

In this Part:

commencing day means the day on which this Act commences.

Principal Act means the Farm Household Support Act 1992.

Secretary has the same meaning as in the Principal Act.

21 Person already receiving payment in the nature of exceptional circumstances relief payment

(1) This item applies if, immediately before the commencing day, a person is receiving a payment on the basis that the following are satisfied:

(a) qualification criteria similar to those in subsection 8A(5) of the Principal Act, inserted by item 10 of this Schedule;

(b) payability criteria similar to those in Division 2 of Part 2 of the Principal Act.

(2) The following applies:

(a) the person is taken to have made a proper claim for exceptional circumstances relief payment for the purposes of Part 3 of the Principal Act;

(b) the Secretary is taken to have made a determination under subsection 19(2) of the Principal Act, with effect from the start of the commencing day, that the claim is granted at the rate at which payment was received immediately before the commencing day;

(c) the Secretary is taken to have made a determination in writing under subsection 10(1) of the Principal Act (the assets determination), with effect from the start of the commencing day, that the value of the person's assets does not exceed the person's asset value limit;

(d) unless sooner revoked, the assets determination continues to have effect:

(i) if the next determination in respect of the person's assets takes effect less than 6 months after the commencing day--until that determination takes effect; or

(ii) if subparagraph (i) does not apply--until the end of 6 months from the commencing day.

(3) The Secretary may, by determination in writing, revoke or vary a determination that:

(a) because of paragraph (2)(b), the Secretary is taken to have made under subsection 19(2) of the Principal Act; or

(b) because of paragraph (2)(c), the Secretary is taken to have made under subsection 10(1) of the Principal Act;

in circumstances in which the Secretary could have revoked or varied a determination actually made under those subsections.

(4) Sections 53 and 53A of the Principal Act apply in relation to a determination under subitem (3) in the same way as they apply in relation to a determination under subsection 19(2) or 10(1) of the Principal Act.

(5) A determination made under subitem (3) is not a legislative instrument.

22 Person applying for payment in the nature of exceptional circumstances relief before commencement

(1) This item applies if, before the commencing day, a person applies for a payment on the basis that the following are satisfied:

(a) qualification criteria similar to those in subsection 8A(5) of the Principal Act, inserted by item 10 of this Schedule;

(b) payability criteria similar to those in Division 2 of Part 2 of the Principal Act;

but is not receiving payment on that basis immediately before the commencing day.

(2) The person is taken to have made a proper claim for exceptional circumstances relief payment for the purposes of Part 3 of the Principal Act, and to have made the claim on the commencing day.

Farm Household Support Amendment (Additional Drought Assistance Measures) Act 2008 (No. 39, 2008)

Schedule 1

20 Definitions

In this Part:

commencing day means the day on which this Act commences.

Principal Act means the Farm Household Support Act 1992.

Secretary has the same meaning as in the Principal Act.

21 Application of items 10 to 17 of this Schedule

The amendments made by items 10 to 17 of this Schedule apply in relation to exceptional circumstances relief payment that is paid on or after the commencing day in relation to periods that occur on or after 25 September 2007.

22 Transitional--amounts disregarded before commencing day

Amounts that were disregarded for the 2007‑08 financial year under subsection 24A(5) or (6) or subsection 24AA(6) or (8) of the Principal Act before the commencing day are to be treated, after the commencing day, as if the amounts had been disregarded for that financial year under that subsection (as amended by this Schedule).

23 Transitional--person already receiving payment in the nature of exceptional circumstances relief payment

(1) This item applies if, immediately before the commencing day, a person is receiving a payment on the basis that the following are satisfied:

(a) qualification criteria that are the same as those in subsection 8A(7) of the Principal Act (as inserted by this Schedule);

(b) payability criteria that are the same as those in Division 2 of Part 2 of the Principal Act (as amended by this Schedule).

(2) The following apply:

(a) the person is taken to have made a proper claim for exceptional circumstances relief payment for the purposes of Part 3 of the Principal Act;

(d) unless sooner revoked, the assets determination continues to have effect:

(i) if the next determination in respect of the person's assets takes effect less than 6 months after the commencing day--until that determination takes effect; or

(ii) if subparagraph (i) does not apply--until the end of 6 months from the commencing day.

(3) The Secretary may, by determination in writing, revoke or vary a determination that:

(a) because of paragraph (2)(b) of this item, the Secretary is taken to have made under subsection 19(2) of the Principal Act; or

(b) because of paragraph (2)(c) of this item, the Secretary is taken to have made under subsection 10(1) of the Principal Act;

in circumstances in which the Secretary could have revoked or varied a determination actually made under those subsections.

(4) Sections 53 and 53A of the Principal Act apply in relation to a determination under subitem (3) of this item in the same way as they apply in relation to a determination under subsection 19(2) or 10(1) of the Principal Act.

(5) A determination made under subitem (3) of this item is not a legislative instrument.

24 Transitional--person applying for payment in the nature of exceptional circumstances relief before commencing day

(1) This item applies if, on or after 25 September 2007 and before the commencing day, a person applies for a payment on the basis that the following are satisfied:

(a) qualification criteria that are the same as those in subsection 8A(7) of the Principal Act (as inserted by this Schedule);

(b) payability criteria that are the same as those in Division 2 of Part 2 of the Principal Act (as amended by this Schedule);

but is not receiving payment on that basis immediately before the commencing day.

(2) On the commencing day, the person is taken to have made a proper claim for exceptional circumstances relief payment for the purposes of Part 3 of the Principal Act.

25 Definitions

In this Part:

commencing day means the day on which this Act commences.

excess amount has the meaning given by subitem 27(1).

pre‑commencement payment has the meaning given by subitem 26(1).

Principal Act means the Farm Household Support Act 1992.

26 Past payments in the nature of exceptional circumstances relief payment

(1) This item applies if, before the commencing day, a person received a payment (a pre‑commencement payment) on the basis that the following were satisfied in respect of a period starting on or after 25 September 2007 and ending before the commencing day:

(a) qualification criteria that are the same as those in subsection 8A(7) of the Principal Act (as inserted by this Schedule);

(b) payability criteria that are the same as those in Division 2 of Part 2 of the Principal Act (as amended by this Schedule).

(2) A pre‑commencement payment may be recovered by the Commonwealth from the person to whom the payment was made as a debt due to the Commonwealth.

(3) A person to whom a pre‑commencement payment was made is entitled, on the commencement of this item, to be paid by the Commonwealth an amount equal to the amount of the debt due to it by the person under subitem (2).

(4) The Commonwealth may set‑off the amount of a debt due to it by a person under subitem (2) against an amount that is payable to that person under subitem (3).

(5) The Commonwealth may set‑off classes of debt under subsection (4).

(6) If:

(a) a pre‑commencement payment has been paid to a person in respect of a period; and

(b) the person did not satisfy, in respect of that period:

(i) qualification criteria that are the same as those in subsection 8A(7) of the Principal Act (as inserted by this Schedule); and

(ii) payability criteria that are the same as those in Division 2 of Part 2 of the Principal Act (as amended by this Schedule);

the pre‑commencement payment may be recovered by the Commonwealth from the person as a debt due to the Commonwealth.

(7) If:

(a) a pre‑commencement payment has been paid to a person in respect of a period; and

(b) the amount of the pre‑commencement payment (the paid amount) is greater than the amount (the payable amount) that would have been payable to the person in respect of that period had the payment been calculated by applying section 24AA of the Principal Act (as amended by this Schedule) to the person as if the person were qualified for exceptional circumstances relief payment under subsection 8A(7) of that Act (as inserted by this Schedule);

an amount equal to the difference between the paid amount and the payable amount may be recovered by the Commonwealth from the person as a debt due to the Commonwealth.

(8) A debt that is recoverable under subitem (6) or (7) is, for the purposes of sections 1227A and 1231A of the Social Security Act 1991, taken to be a debt that is recoverable under section 56 of the Principal Act in respect of an amount of exceptional circumstances relief payment.

(9) Subitems (6) and (7) do not, by implication, affect the recovery or set‑off of overpayments of exceptional circumstances relief payment under the Principal Act.

27 Rate of past payments of exceptional circumstances relief payment

(1) This item applies if, before the commencing day:

(a) a person received a payment on the basis that, in respect of a period starting on or after 25 September 2007 and ending before the commencing day, the person satisfied:

(i) the qualification criteria in subsection 8A(1) or (5) of the Principal Act; and

(ii) the payability criteria in Division 2 of Part 2 of the Principal Act; and

(b) the payment was calculated using a formula that is the same as that in subsection 24A(5) or (6) or subsection 24AA(6) or (8) of the Principal Act as amended by this Schedule; and

(c) had the payment been calculated using the formula in that subsection as in force before the commencing day, all or some of the payment (the excess amount) would not have been payable to the person.

(2) An excess amount may be recovered by the Commonwealth from the person to whom the payment was made as a debt due to the Commonwealth.

(3) A person to whom an excess amount was paid is entitled, on the commencement of this item, to be paid by the Commonwealth an amount equal to the amount of the debt due to it by the person under subitem (2).

(4) The Commonwealth may set‑off the amount of a debt due to it by a person under subitem (2) against an amount that is payable to that person under subitem (3).

(5) The Commonwealth may set‑off classes of debt under subsection (4).

(6) If:

(a) an excess amount has been paid to a person in respect of a period; and

(b) the person did not satisfy, in respect of that period:

(i) the qualification criteria in subsection 8A(1) or (5) of the Principal Act; and

(ii) the payability criteria in Division 2 of Part 2 of the Principal Act;

the excess amount may be recovered by the Commonwealth from the person as a debt due to the Commonwealth.

(7) If:

(a) an excess amount has been paid to a person as, or as part of, a payment mentioned in subitem (1) in respect of a period; and

(b) an error was made when calculating the payment in respect of that period using a formula that is the same as that in subsection 24A(5) or (6) or subsection 24AA(6) or (8) of the Principal Act as amended by this Schedule; and

(c) the excess amount (the paid amount) is greater than the excess amount (the payable amount) that would have been paid as, or as part of, the payment in respect of that period had the error not been made;

an amount equal to the difference between the paid amount and the payable amount may be recovered by the Commonwealth from the person as a debt due to the Commonwealth.

(8) A debt that is recoverable under subitem (6) or (7) is, for the purposes of sections 1227A and 1231A of the Social Security Act 1991, taken to be a debt that is recoverable under section 56 of the Principal Act in respect of an amount of exceptional circumstances relief payment.

(9) Subitems (6) and (7) do not, by implication, affect the recovery or set‑off of overpayments of exceptional circumstances relief payment under the Principal Act.

(10) Despite subitems (2) and (3), if, before the commencing day, an amount was disregarded for the 2007‑08 financial year in a calculation that used a formula that is the same as that in subsection 24A(5) or (6) or subsection 24AA(6) or (8) of the Principal Act as amended by this Schedule, then the amount is to be treated, after the commencing day, as if it had been disregarded for that financial year under that subsection.

28 Ancillary benefits relating to the Social Security Act 1991 and the Social Security (Administration) Act 1999

(1) If, before the commencing day, a thing (other than the payment of money) was done:

(a) as if a pre‑commencement payment or an excess amount were exceptional circumstances relief payment under the Principal Act; and

(b) as if either or both of the Social Security Act 1991 and the Social Security (Administration) Act 1999 operated in relation to the payment;

then the thing is, for all purposes, taken to be as valid, and always to have been as valid, as it would have been if the pre‑commencement payment or excess amount had been exceptional circumstances relief payment under the Principal Act as amended by this Schedule and the Social Security Act 1991 and the Social Security (Administration) Act 1999 had operated.

(2) If an amount of money has been paid by the Commonwealth because a thing referred to in subitem (1) was done, the amount may be recovered by the Commonwealth from the person to whom the amount was paid as a debt due to the Commonwealth.

(3) A person to whom an amount referred to in subitem (2) was paid is entitled, on the commencement of this item, to be paid by the Commonwealth an amount equal to the amount of the debt due to it by the person under subitem (2).

(4) The Commonwealth may set‑off the amount of a debt due to it by a person under subitem (2) against an amount that is payable to that person under subitem (3).

(5) The Commonwealth may set‑off classes of debt under subsection (4).

29 Appropriation

The Consolidated Revenue Fund is appropriated for the purpose of payments under subitems 26(3), 27(3) and 28(3).

Schedule 2

4 Application of amendments

The amendments made by items 1 to 3 of this Schedule apply in relation to absences from Australia that start on or after the commencement of this item.

Household Stimulus Package Act (No. 2) 2009 (No. 4, 2009)

Schedule 4

1 Administrative scheme for household stimulus payments

(1) Subject to this item, a Minister administering:

(a) the A New Tax System (Family Assistance) Act 1999; or

(b) the Social Security Act 1991; or

(d) the Veterans' Entitlements Act 1986;

may, by legislative instrument, determine a scheme under which household stimulus payments may be made to persons in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.

(2) The circumstances in which the scheme provides for payments must be:

(a) circumstances:

(i) in which the Minister considers that Part 7 of the A New Tax System (Family Assistance) Act 1999 or Part 2.18 of the Social Security Act 1991 does not produce appropriate results; and

(ii) that occur in the financial year starting on 1 July 2008; or

(b) circumstances:

(i) in which the Minister considers that Division 14 of Part 2.13A of the Social Security Act 1991 does not produce appropriate results; and

(ii) that occur in the period starting on 1 July 2008 and ending on the day on which that Division ceases to have effect under section 665ZZE of that Act.

(3) Without limiting the generality of subitem (1), the scheme may deal with the following:

(a) the circumstances in which payments are to be made;

(b) the amount of the payments;

(d) debt recovery;

(e) administrative matters, such as determination of entitlement and how and when payments will be made.

(4) Without limiting the generality of subparagraph (2)(a)(i), circumstances in which the provisions referred to in that subparagraph do not produce appropriate results may include the circumstance of an FTB child (within the meaning of the A New Tax System (Family Assistance) Act 1999) aged 19 or 20 on 3 February 2009.

(5) Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

Tax Laws Amendment (2009 Measures No. 1) Act 2009 (No. 27, 2009)

Schedule 3

102 Application

(1) The amendments made by this Schedule apply in relation to income years starting on or after 1 July 2009.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
5. Schedule 2, item 1	Immediately after the time specified in the Farm Household Support Amendment Act 2000 for the commencement of item 51 of Schedule 1 to that Act.	18 December 2000

Commonwealth Consolidated Acts

FARM HOUSEHOLD SUPPORT ACT 1992 - NOTES