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FARM DEBT MEDIATION ACT 2011 - SECT 9 Farmer may request mediation

FARM DEBT MEDIATION ACT 2011 - SECT 9

Farmer may request mediation

    (1)     A farmer may give a notice to a creditor requesting mediation concerning a farm debt if—

        (a)     the creditor has given the farmer a notice under section 8 in relation to the farm mortgage to which the debt relates; or

        (b)     the creditor has not given the farmer a notice under section 8 but the farmer is liable for the debt, whether or not the farmer is in default under the farm mortgage to which the debt relates.

    (2)     A request for mediation must be in the approved form.

    (3)     A request for mediation under subsection (1)(a) must be given within 21 days after the day on which the creditor gave the notice under section 8 to the farmer.

Note

Under section 15, a creditor may apply for an exemption certificate if—

(a)     the farmer fails to give the creditor a request for mediation under subsection (1)(a) within 21 days after the day on which the creditor gave the notice under section 8 to the farmer; or

(b)     the farmer gives the creditor a request for mediation under subsection (1)(a) or (b) but subsequently refuses to mediate.