FARM DEBT MEDIATION ACT 2011
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 4 Meaning of satisfactory mediation
- 5 Application of Act
- 6 Enforcement action in contravention of Act void
- 7 Relationship with other Acts
PART 2--ENFORCEMENT ACTION AND AVAILABILITY OF MEDIATION
Division 1AA--Prohibition on enforcement action
- 7A Exemption certificate required for enforcement action
Division 1--Availability of mediation
- 8 Notice of intention to take enforcement action and availability of mediation
- 9 Farmer may request mediation
- 10 Creditor may agree to or refuse mediation
Division 2--Prohibition certificate
- 13 Application by farmer for issue of prohibition certificate
- 14 Issue of prohibition certificate
Division 3--Exemption certificate
- 15 Application by creditor for issue of exemption certificate
- 16 Issue of exemption certificate
- 17 Creditor may satisfactorily mediate without forgiving or reducing farm debt
- 18 Calculation of period of exemption certificate
Division 4--General
- 19 When is a farmer or creditor presumed to have refused to mediate?
PART 3--THE SMALL BUSINESS COMMISSION AND MEDIATION
Division 1--The Small Business Commission and mediators
- 20 Functions of the Small Business Commission
- 21 Functions of mediators
Division 2--The mediation process
- 22 Small Business Commission to arrange mediation
- 23 Conduct of mediation
- 24 Mediation session fee
- 25 Costs of mediation
- 26 Confidentiality of mediation
- 27 Disclosure of information
PART 4--GENERAL
- 28 Resulting agreement to reflect agreement reached by parties at mediation
- 29 Contracting out prohibited
- 30 Waiver of rights void
- 31 Notices by mortgagee
- 32 Manner of giving notices
- 33 Date notice or other document is given
- 34 Offences by bodies corporate
- 35 Commencement of criminal proceedings
- 36 Regulations
- 37 Transitional provision
- 38 Transitional provisions—Agriculture Legislation Amendment Act 2022
ENDNOTES