New South Wales Consolidated Acts

FARM DEBT MEDIATION ACT 1994

- As at 6 July 2009
- Act 91 of 1994

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Object
   4.      Definitions
   4A.     Notes
   5.      Application of Act
   6.      Enforcement action in contravention of Act void
   7.      Relationship with other Acts

   PART 2 - MEDIATION

   8.      No enforcement action until notice of availability of mediation given
   9.      Farmer may request mediation
   9A.     Creditor may agree to or decline mediation
   9B.     Exemption certificates
   10.     Enforcement action postponed to allow for mediation
   11.     Certificate that Act does not apply to farm mortgage
   11AA.   Heads of Agreement
   11A.    Cooling off period for Heads of Agreement
   11B.    Rights during cooling off period
   11C.    Implementing Heads of Agreement

   PART 3 - GENERAL PROVISIONS CONCERNING MEDIATION

   12.     Role of Authority
   12A.    Farmer to nominate mediator
   13.     Functions of mediators
   14.     Conduct of mediation sessions
   15.     Confidentiality of mediation sessions
   16.     Disclosure of information
   17.     Representation and assistance during mediation
   18.     Exclusion of personal liability of mediators and certain other persons
   18A.    Summary of mediation

   PART 4 - MISCELLANEOUS

   19.     Act binds the Crown
   20.     Contracting out prohibited
   21.     Waiver of rights void
   22.     Notices by mortgagee
   23.     Manner of giving notice or other document
   24.     Date notice or other document is given
   25.     Proceedings for offences
   26.     Double jeopardy
   27.     Aiding, abetting and attempts
   28.     Offences by corporations
   29.     Limitation
   29A.    (Repealed)
   30.     Regulations
   31.     Savings and transitional provisions
           SCHEDULE 1