Commonwealth Consolidated Acts

FARM HOUSEHOLD SUPPORT ACT 1992 - SECT 8A

Qualification -- farmers

             (1)  A person is qualified for exceptional circumstances relief payment in respect of a period if:

                     (a)  the period begins on or after 1 October 1994; and

                     (b)  throughout the period:

                              (i)  the person:

                                        (A)  is a farmer; and

                                        (B)  contributes a significant part of his or her labour and capital to the farm enterprise; and

                                        (C)  derives a significant part of his or her income from the farm enterprise; and

                                         (E)  is an Australian resident; and

                             (ii)  an exceptional circumstances certificate issued in respect of the person has effect.

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

                     (c)  relates to the farm enterprise, or any of the farm enterprises, in respect of which the person is a farmer.

Period of effect of certificate

             (3)  A certificate only has effect for the period specified in it.

             (4)  An exceptional circumstances certificate is not a legislative instrument.

Qualification--small business operators supplying farm enterprises

             (5)  A person is qualified for exceptional circumstances relief payment in respect of a period beginning on or after 7 November 2006 (the relevant period ) if:

                     (a)  the person is an individual; and

                     (b)  throughout the relevant period:

                              (i)  the person carries on a small business in respect of which there is an ABN; and

                             (ii)  the person has a right or interest in the small business; and

                            (iii)  the person contributes a significant part of his or her labour and capital to the business; and

                            (iv)  the person derives a significant part of his or her income from the business; and

                             (v)  the person is an Australian resident; and

                     (c)  during an earlier period of normal turnover, 70% or more of the gross income of the business was derived from the supply of goods or services to farmers for use in relation to farm enterprises; and

                     (d)  the farm enterprises were situated wholly or partly within an area that, throughout the relevant period, is covered by a declaration of exceptional circumstances (as referred to in paragraph 8(c) of the Rural Adjustment Act 1992 ); and

                     (e)  the gross income of the business has been significantly reduced because of the effect of the exceptional circumstances in relation to which the declaration was made on farm enterprises in that area.

Earlier period of normal turnover

             (6)  An earlier period of normal turnover is:

                     (a)  a continuous period of 2 years within the 7 years immediately preceding the relevant period; or

                     (b)  if the business has not been carried on for a continuous period of 2 years within the 7 years immediately preceding the relevant period--the period during which the business has been carried on.

Qualification--small business operators supplying farmers, farm enterprise workers, or their families

             (7)  A person is qualified for exceptional circumstances relief payment in respect of a period beginning on or after 25 September 2007 (the relevant period ) if:

                     (a)  the person is an individual; and

                     (b)  throughout the relevant period:

                              (i)  the person carries on a small business in respect of which there is an ABN; and

                             (ii)  the person has a right or interest in the small business; and

                            (iii)  the person contributes a significant part of his or her labour and capital to the business; and

                            (iv)  the person derives a significant part of his or her income from the business; and

                             (v)  the person is an Australian resident; and

                     (c)  the business is situated wholly or partly within a town or locality that, throughout the relevant period, is covered by a determination made by the Minister under this paragraph; and

                     (d)  the town or locality is situated wholly or partly within an area that, throughout the relevant period, is covered by a declaration of exceptional circumstances (as referred to in paragraph 8(c) of the Rural Adjustment Act 1992 ); and

                     (e)  the gross income of the business has been significantly reduced because of the effect of the exceptional circumstances in relation to which the declaration was made on farmers, farm enterprise workers, or their families.

Minister's determination

             (8)  The Minister must not make a determination under paragraph (7)(c) in relation to a town or locality unless the Minister is satisfied that:

                     (a)  the population of the town or locality is 10,000 or less; and

                     (b)  the town or locality is substantially reliant on income derived from the supply of goods or services to farm enterprises, or to farmers, farm enterprise workers, or their families.

             (9)  A determination made by the Minister under paragraph (7)(c) is not a legislative instrument.