Commonwealth Consolidated Acts

FARM HOUSEHOLD SUPPORT ACT 1992 - SECT 4

             (1)  A certificate of inability to obtain finance is a certificate, in a form approved by the relevant Secretary, provided to the Secretary of the Department of Social Security by a finance institution that is a primary lender in respect of a farmer and stating that:

                     (a)  the farmer has applied to the institution for a loan; and

                     (b)  the institution does not propose to make any loan to the farmer because of the farmer's financial situation.

             (2)  A certificate in respect of a farmer has effect for 13 months from the day on which it was issued.

             (3)  However, a certificate in respect of a farmer ceases to have effect if:

                     (a)  the farmer does not lodge such a claim within a month after the day the certificate is issued; or

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

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

             (4)  In this section:

"primary lender" , in relation to a farmer, means:

                     (a)  if the farmer does not owe a debt to a finance institution--any finance institution; or

                     (b)  if the farmer owes a debt to only one finance institution--that institution; or

                     (c)  if the farmer owes a debt to 2 or more finance institutions--the institution to which the greatest debt is owed.

"relevant Secretary" means:

                     (a)  in relation to farm household support--the Secretary of the Department of Primary Industries and Energy; and

                     (b)  in relation to  dairy exit payments, farm help income support or re‑establishment grants--the Secretary of the Department of Social Security.