FARM DEBT MEDIATION ACT 2011 (NO. 42 OF 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--AVAILABILITY OF MEDIATION

Division 1--Availability of mediation

• 8 Notice of availability of mediation to be given  
• 9 Farmer may request mediation  
• 10 Creditor may agree to or refuse mediation  
• 11 Referral of mediation by Department  
• 12 Enforcement action postponed to allow for 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 COMMISSIONER AND MEDIATION

Division 1--The Small Business Commissioner and mediators

• 20 Functions of the Small Business Commissioner  
• 21 Functions of mediators  

Division 2--The mediation process

• 22 Referral of farm debt disputes for 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  
ENDNOTES