Commonwealth Numbered Acts

FARM HOUSEHOLD SUPPORT ACT 1992 No. 241 of 1992 - SECT 5

5.(1) Subject to this section, the grant period in relation to a person to
whom farm household support is payable, is:

   (a)  the period of 9 months from the operative day in relation to the
        person; or

   (b)  if a longer period is applicable to the person under a determination
        made under subsection (3) or (4)-that period.

(2) If, during a period or periods beginning on or after the commencement of
this Act and not earlier than 12 months before the operative day, the person,
or the person's partner (if any) at that time, was paid job search allowance
or newstart allowance, the grant period is the period from the operative day
that, apart from this paragraph, would have been the grant period in relation
to the person less that period or those periods.

(3) If the Minister for Primary Industries and Energy is satisfied that,
because of particular circumstances existing at any time in Australia, or in
any part of Australia, it would be difficult to make arrangements, within a
period of 9 months, for the sale on equitable terms of a farm in Australia or
in that part of Australia, the Minister may, in writing, determine that:

   (a)  the grant period in relation to each person in Australia to whom farm
        household support is payable; or

   (b)  the grant period in relation to each person in that part of Australia
        to whom farm household support is payable; (as the case requires), is
        the period specified in the determination, being a period of more than
        9 months but not more than 2 years from the operative day in relation
        to that person.

(4) If the Secretary to the Department of Primary Industries and Energy is
satisfied that:

   (a)  arrangements have begun, within 9 months of the beginning of the grant
        period in relation to a person, for the sale of the person's farm; and

   (b)  because of particular circumstances applying in relation to the
        person, it would not be possible to complete arrangements for the sale
        of the person's farm within that period of 9 months; the Secretary of
        that Department may, in writing, determine that the grant period in
        relation to the person is the period specified in the determination,
        being a period of more than 9 months but not more than 2 years from
        the operative day in relation to that person.

(5) Application may be made to the Administrative Appeals Tribunal for review
of a decision by the Secretary of the Department of Primary Industries and
Energy under subsection (4).

(6) In this section:

"operative day", means:

   (a)  in relation to a former RAS (Part C) beneficiary-the day on which Part
        C assistance became, or last became, payable to the person under a
        RAS scheme; or

   (b)  in relation to any other person-the day on which farm household
        support became, or last became, payable to the person.