{"id":"qld:act-2017-007","name":"Farm Business Debt Mediation Act 2017","slug":"farm-business-debt-mediation-act-2017","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"7 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29626,"registerId":"qld-act-2017-007-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Farm Business Debt Mediation Act 2017 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than part 9 , divisions 2 to 4 , commences on 1 July 2017.","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Purpose","content":"## Purpose","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purpose","content":"### sec.3 Purpose\n\nThe purpose of this Act is to provide an efficient and equitable way for farmers and mortgagees to resolve matters relating to farm business debts.\nThe purpose is achieved mainly by—\nproviding for mediation as a way for farmers and mortgagees, participating in good faith, to efficiently and equitably resolve matters relating to farm business debts; and\nrequiring a mortgagee, before taking action to enforce a mortgage securing a farm business debt—\nto offer mediation for the farm business debt to the farmer; and\nif the farmer asks for the mediation—to take part in the mediation in good faith; and\nproviding that action that is taken to enforce a mortgage securing a farm business debt in contravention of this Act has no effect.\n(sec.3-ssec.1) The purpose of this Act is to provide an efficient and equitable way for farmers and mortgagees to resolve matters relating to farm business debts.\n(sec.3-ssec.2) The purpose is achieved mainly by— providing for mediation as a way for farmers and mortgagees, participating in good faith, to efficiently and equitably resolve matters relating to farm business debts; and requiring a mortgagee, before taking action to enforce a mortgage securing a farm business debt— to offer mediation for the farm business debt to the farmer; and if the farmer asks for the mediation—to take part in the mediation in good faith; and providing that action that is taken to enforce a mortgage securing a farm business debt in contravention of this Act has no effect.\n- (a) providing for mediation as a way for farmers and mortgagees, participating in good faith, to efficiently and equitably resolve matters relating to farm business debts; and\n- (b) requiring a mortgagee, before taking action to enforce a mortgage securing a farm business debt— (i) to offer mediation for the farm business debt to the farmer; and (ii) if the farmer asks for the mediation—to take part in the mediation in good faith; and\n- (i) to offer mediation for the farm business debt to the farmer; and\n- (ii) if the farmer asks for the mediation—to take part in the mediation in good faith; and\n- (c) providing that action that is taken to enforce a mortgage securing a farm business debt in contravention of this Act has no effect.\n- (i) to offer mediation for the farm business debt to the farmer; and\n- (ii) if the farmer asks for the mediation—to take part in the mediation in good faith; and","sortOrder":5},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of farm business debt","content":"### sec.5 Meaning of farm business debt\n\nA farm business debt is an amount owed by a farmer that—\nwas borrowed for the purpose of conducting a farming business; and\nis secured by a farm mortgage.\n- (a) was borrowed for the purpose of conducting a farming business; and\n- (b) is secured by a farm mortgage.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of mediation for a farm business debt","content":"### sec.6 Meaning of mediation for a farm business debt\n\nMediation , for a farm business debt, is 1 or more meetings conducted by a mediator to facilitate discussion between the farmer and the mortgagee—\nwhen the farmer has defaulted, or is at risk of defaulting, under the farm mortgage; and\nthat aims to bring about an agreement between the farmer and the mortgagee about 1 or more matters relating to the farm business debt.\nthe way for the farmer to remedy a default under the farm mortgage\nhow the farm mortgage may be enforced or discharged\nEach meeting mentioned in subsection (1) is a mediation meeting .\nA reference in this Act to mediation includes—\nan activity for promoting discussion and bringing about agreement about a matter during mediation; and\nanything said or done to prepare for a mediation meeting or to follow up a matter discussed or agreed at a mediation meeting.\n(sec.6-ssec.1) Mediation , for a farm business debt, is 1 or more meetings conducted by a mediator to facilitate discussion between the farmer and the mortgagee— when the farmer has defaulted, or is at risk of defaulting, under the farm mortgage; and that aims to bring about an agreement between the farmer and the mortgagee about 1 or more matters relating to the farm business debt. the way for the farmer to remedy a default under the farm mortgage how the farm mortgage may be enforced or discharged\n(sec.6-ssec.2) Each meeting mentioned in subsection (1) is a mediation meeting .\n(sec.6-ssec.3) A reference in this Act to mediation includes— an activity for promoting discussion and bringing about agreement about a matter during mediation; and anything said or done to prepare for a mediation meeting or to follow up a matter discussed or agreed at a mediation meeting.\n- (a) when the farmer has defaulted, or is at risk of defaulting, under the farm mortgage; and\n- (b) that aims to bring about an agreement between the farmer and the mortgagee about 1 or more matters relating to the farm business debt. Examples of matters that may be agreed— • the way for the farmer to remedy a default under the farm mortgage • how the farm mortgage may be enforced or discharged\n- • the way for the farmer to remedy a default under the farm mortgage\n- • how the farm mortgage may be enforced or discharged\n- • the way for the farmer to remedy a default under the farm mortgage\n- • how the farm mortgage may be enforced or discharged\n- (a) an activity for promoting discussion and bringing about agreement about a matter during mediation; and\n- (b) anything said or done to prepare for a mediation meeting or to follow up a matter discussed or agreed at a mediation meeting.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"When mediation has been satisfactory","content":"### sec.7 When mediation has been satisfactory\n\nMediation for a farm business debt has been satisfactory if—\nas a result of the mediation, the farmer and the mortgagee have entered into a heads of agreement; or\nthe mediation has proceeded as far as it reasonably can with the farmer and the mortgagee having participated in good faith, but they have not entered into a heads of agreement; or\nthe mediation is of a type, or a class, or meets criteria prescribed by regulation for this paragraph.\n- (a) as a result of the mediation, the farmer and the mortgagee have entered into a heads of agreement; or\n- (b) the mediation has proceeded as far as it reasonably can with the farmer and the mortgagee having participated in good faith, but they have not entered into a heads of agreement; or\n- (c) the mediation is of a type, or a class, or meets criteria prescribed by regulation for this paragraph.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Particular references","content":"### sec.8 Particular references\n\nIn a provision about a farm business debt or a farm mortgage—\na reference to the farm mortgage is a reference to the farm mortgage that secures the farm business debt; and\na reference to the farm business debt is a reference to the farm business debt that is secured by the farm mortgage; and\na reference to the farmer is a reference to the farmer who owes the farm business debt that is secured by the farm mortgage; and\na reference to the mortgagee is a reference to the mortgagee under the farm mortgage that secures the farm business debt; and\na reference to the farm property is a reference to the farm property that is subject to the farm mortgage to secure the farm business debt.\nIn a provision about a farmer—\na reference to the farm business debt is a reference to a farm business debt owed by the farmer; and\na reference to the farm mortgage is a reference to the farm mortgage that secures a farm business debt owed by the farmer; and\na reference to the mortgagee is a reference to the mortgagee under the farm mortgage that secures a farm business debt owed by the farmer; and\na reference to the farm property is a reference to the farm property that is subject to the farm mortgage to secure a farm business debt.\ns 8 amd 2020 No. 3 s 85\n(sec.8-ssec.1) In a provision about a farm business debt or a farm mortgage— a reference to the farm mortgage is a reference to the farm mortgage that secures the farm business debt; and a reference to the farm business debt is a reference to the farm business debt that is secured by the farm mortgage; and a reference to the farmer is a reference to the farmer who owes the farm business debt that is secured by the farm mortgage; and a reference to the mortgagee is a reference to the mortgagee under the farm mortgage that secures the farm business debt; and a reference to the farm property is a reference to the farm property that is subject to the farm mortgage to secure the farm business debt.\n(sec.8-ssec.2) In a provision about a farmer— a reference to the farm business debt is a reference to a farm business debt owed by the farmer; and a reference to the farm mortgage is a reference to the farm mortgage that secures a farm business debt owed by the farmer; and a reference to the mortgagee is a reference to the mortgagee under the farm mortgage that secures a farm business debt owed by the farmer; and a reference to the farm property is a reference to the farm property that is subject to the farm mortgage to secure a farm business debt.\n- (a) a reference to the farm mortgage is a reference to the farm mortgage that secures the farm business debt; and\n- (b) a reference to the farm business debt is a reference to the farm business debt that is secured by the farm mortgage; and\n- (c) a reference to the farmer is a reference to the farmer who owes the farm business debt that is secured by the farm mortgage; and\n- (d) a reference to the mortgagee is a reference to the mortgagee under the farm mortgage that secures the farm business debt; and\n- (e) a reference to the farm property is a reference to the farm property that is subject to the farm mortgage to secure the farm business debt.\n- (a) a reference to the farm business debt is a reference to a farm business debt owed by the farmer; and\n- (b) a reference to the farm mortgage is a reference to the farm mortgage that secures a farm business debt owed by the farmer; and\n- (c) a reference to the mortgagee is a reference to the mortgagee under the farm mortgage that secures a farm business debt owed by the farmer; and\n- (d) a reference to the farm property is a reference to the farm property that is subject to the farm mortgage to secure a farm business debt.","sortOrder":11},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":"Operation of Act","content":"## Operation of Act","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Act binds all persons","content":"### sec.9 Act binds all persons\n\nThis Act binds all persons, including the State.\nHowever, nothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.9-ssec.1) This Act binds all persons, including the State.\n(sec.9-ssec.2) However, nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Relationship with other Acts or laws","content":"### sec.10 Relationship with other Acts or laws\n\nThis Act applies in addition to, and does not limit, any other Act or law relating to the enforcement of mortgages.\nHowever, if a provision of this Act is inconsistent with another Act, the provision prevails over the other Act to the extent of the inconsistency.\nSubsection (2) does not affect a provision of this Act or another Act that expressly deals with the interaction between this Act, the other Act or another law.\n(sec.10-ssec.1) This Act applies in addition to, and does not limit, any other Act or law relating to the enforcement of mortgages.\n(sec.10-ssec.2) However, if a provision of this Act is inconsistent with another Act, the provision prevails over the other Act to the extent of the inconsistency.\n(sec.10-ssec.3) Subsection (2) does not affect a provision of this Act or another Act that expressly deals with the interaction between this Act, the other Act or another law.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Application of Act","content":"### sec.11 Application of Act\n\nThis Act does not apply in relation to a farmer if—\nthe farmer is an insolvent under administration; or\nthe farmer is the subject of a petition presented by a creditor, other than the mortgagee, under the Bankruptcy Act 1966 (Cwlth) or a corresponding law of another jurisdiction, including a jurisdiction outside Australia; or\nfor a farmer that is a corporation—the farmer is a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 .\nAlso, this Act does not apply in relation to a farmer for a particular farm business debt if—\nthe farmer previously defaulted under the farm mortgage for the debt and, because of the farmer’s default, the farmer and the mortgagee took part in mediation for the debt under this Act; and\nthe farmer and the mortgagee entered into a contract, mortgage or other document to give effect to a heads of agreement entered into as a result of the mediation; and\nthe farmer has defaulted under the farm mortgage and the default relates to the contract, mortgage or document.\ns 11 amd 2020 No. 3 s 86 ; 2023 No. 23 s 247 sch 1 s 2 (2)\n(sec.11-ssec.1) This Act does not apply in relation to a farmer if— the farmer is an insolvent under administration; or the farmer is the subject of a petition presented by a creditor, other than the mortgagee, under the Bankruptcy Act 1966 (Cwlth) or a corresponding law of another jurisdiction, including a jurisdiction outside Australia; or for a farmer that is a corporation—the farmer is a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 .\n(sec.11-ssec.2) Also, this Act does not apply in relation to a farmer for a particular farm business debt if— the farmer previously defaulted under the farm mortgage for the debt and, because of the farmer’s default, the farmer and the mortgagee took part in mediation for the debt under this Act; and the farmer and the mortgagee entered into a contract, mortgage or other document to give effect to a heads of agreement entered into as a result of the mediation; and the farmer has defaulted under the farm mortgage and the default relates to the contract, mortgage or document.\n- (a) the farmer is an insolvent under administration; or\n- (b) the farmer is the subject of a petition presented by a creditor, other than the mortgagee, under the Bankruptcy Act 1966 (Cwlth) or a corresponding law of another jurisdiction, including a jurisdiction outside Australia; or\n- (c) for a farmer that is a corporation—the farmer is a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 .\n- (a) the farmer previously defaulted under the farm mortgage for the debt and, because of the farmer’s default, the farmer and the mortgagee took part in mediation for the debt under this Act; and\n- (b) the farmer and the mortgagee entered into a contract, mortgage or other document to give effect to a heads of agreement entered into as a result of the mediation; and\n- (c) the farmer has defaulted under the farm mortgage and the default relates to the contract, mortgage or document.","sortOrder":15},{"sectionNumber":"pt.2","sectionType":"part","heading":"Enforcement action by mortgagee","content":"# Enforcement action by mortgagee","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Restriction on mortgagee enforcement action","content":"### sec.12 Restriction on mortgagee enforcement action\n\nA mortgagee must not take enforcement action under a farm mortgage unless—\nthis Act does not apply in relation to the farmer or the farm mortgage; or\nan exemption certificate is in force for the farm mortgage.\nMaximum penalty—100 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 89 , to have also committed the offence.\nEnforcement action that is taken by a mortgagee in relation to a farm mortgage in contravention of subsection (1) has no effect.\nSubsection (2) applies despite any other Act or law.\n(sec.12-ssec.1) A mortgagee must not take enforcement action under a farm mortgage unless— this Act does not apply in relation to the farmer or the farm mortgage; or an exemption certificate is in force for the farm mortgage. Maximum penalty—100 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 89 , to have also committed the offence.\n(sec.12-ssec.2) Enforcement action that is taken by a mortgagee in relation to a farm mortgage in contravention of subsection (1) has no effect.\n(sec.12-ssec.3) Subsection (2) applies despite any other Act or law.\n- (a) this Act does not apply in relation to the farmer or the farm mortgage; or\n- (b) an exemption certificate is in force for the farm mortgage.","sortOrder":17},{"sectionNumber":"pt.3","sectionType":"part","heading":"Mediation","content":"# Mediation","sortOrder":18},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Application of part","content":"### sec.13 Application of part\n\nThis part does not apply if an exemption certificate is in force for a farm mortgage.","sortOrder":20},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Starting mediation","content":"## Starting mediation","sortOrder":21},{"sectionNumber":"sec.14","sectionType":"section","heading":"Notice inviting request for mediation","content":"### sec.14 Notice inviting request for mediation\n\nIf a mortgagee intends to take enforcement action under a farm mortgage, the mortgagee must—\nserve a notice inviting a request for mediation on the farmer; and\ngive a copy of the notice to the authority.\nAn notice inviting a request for mediation is a notice, in the approved form, that—\nstates the name of the farmer and the mortgagee; and\nidentifies the farm property; and\nstates the enforcement action the mortgagee intends to take; and\nstates that the farmer may ask for mediation for the farm business debt; and\nstates how, and the day by which, the farmer must ask for mediation; and\nstates that, if the farmer does not ask for mediation by the stated day, the mortgagee may consider the farmer has declined mediation and may apply for an exemption certificate to allow the mortgagee to proceed with enforcement action.\nFor subsection (2) (e) , the day by which the farmer must ask for mediation must be no less than 20 business days after the day the notice is served on the farmer.\nThe notice inviting a request for mediation served on the farmer must be accompanied by a copy of the mediation information package.\ns 14 amd 2024 No. 17 s 131\n(sec.14-ssec.1) If a mortgagee intends to take enforcement action under a farm mortgage, the mortgagee must— serve a notice inviting a request for mediation on the farmer; and give a copy of the notice to the authority.\n(sec.14-ssec.2) An notice inviting a request for mediation is a notice, in the approved form, that— states the name of the farmer and the mortgagee; and identifies the farm property; and states the enforcement action the mortgagee intends to take; and states that the farmer may ask for mediation for the farm business debt; and states how, and the day by which, the farmer must ask for mediation; and states that, if the farmer does not ask for mediation by the stated day, the mortgagee may consider the farmer has declined mediation and may apply for an exemption certificate to allow the mortgagee to proceed with enforcement action.\n(sec.14-ssec.3) For subsection (2) (e) , the day by which the farmer must ask for mediation must be no less than 20 business days after the day the notice is served on the farmer.\n(sec.14-ssec.4) The notice inviting a request for mediation served on the farmer must be accompanied by a copy of the mediation information package.\n- (a) serve a notice inviting a request for mediation on the farmer; and\n- (b) give a copy of the notice to the authority.\n- (a) states the name of the farmer and the mortgagee; and\n- (b) identifies the farm property; and\n- (c) states the enforcement action the mortgagee intends to take; and\n- (d) states that the farmer may ask for mediation for the farm business debt; and\n- (e) states how, and the day by which, the farmer must ask for mediation; and\n- (f) states that, if the farmer does not ask for mediation by the stated day, the mortgagee may consider the farmer has declined mediation and may apply for an exemption certificate to allow the mortgagee to proceed with enforcement action.","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Asking for mediation","content":"### sec.15 Asking for mediation\n\nThis section applies if—\na mortgagee has given a farmer a notice inviting a request for mediation; or\na farmer owes a farm business debt to a mortgagee, whether or not the farmer is in default, or at risk of default, under the farm mortgage.\nThe farmer may give a request for mediation notice to the mortgagee.\nA request for mediation notice is a notice that—\nmay, but need not, be in the approved form; and\nasks for mediation for the farm business debt; and\nstates—\nif the farmer is not an individual—the name and contact details of the person authorised to act for the farmer in relation to the mediation; and\nSection 23 provides for when a party to a mediation may be represented at a mediation meeting by an agent with the mediator’s approval or, for a party that is a corporation, by an officer or employee.\nthe farmer’s address for service of documents.\nThe approved form for a request for mediation notice must provide for—\nthe farmer to nominate 3 mediators from which the mortgagee may choose a mediator, to conduct the mediation, under section 18 ; and\nthe farmer to request documents relating to the farm business debt and farm mortgage from the mortgagee under section 21 .\ns 15 amd 2020 No. 3 s 87 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.15-ssec.1) This section applies if— a mortgagee has given a farmer a notice inviting a request for mediation; or a farmer owes a farm business debt to a mortgagee, whether or not the farmer is in default, or at risk of default, under the farm mortgage.\n(sec.15-ssec.2) The farmer may give a request for mediation notice to the mortgagee.\n(sec.15-ssec.3) A request for mediation notice is a notice that— may, but need not, be in the approved form; and asks for mediation for the farm business debt; and states— if the farmer is not an individual—the name and contact details of the person authorised to act for the farmer in relation to the mediation; and Section 23 provides for when a party to a mediation may be represented at a mediation meeting by an agent with the mediator’s approval or, for a party that is a corporation, by an officer or employee. the farmer’s address for service of documents.\n(sec.15-ssec.4) The approved form for a request for mediation notice must provide for— the farmer to nominate 3 mediators from which the mortgagee may choose a mediator, to conduct the mediation, under section 18 ; and the farmer to request documents relating to the farm business debt and farm mortgage from the mortgagee under section 21 .\n- (a) a mortgagee has given a farmer a notice inviting a request for mediation; or\n- (b) a farmer owes a farm business debt to a mortgagee, whether or not the farmer is in default, or at risk of default, under the farm mortgage.\n- (a) may, but need not, be in the approved form; and\n- (b) asks for mediation for the farm business debt; and\n- (c) states— (i) if the farmer is not an individual—the name and contact details of the person authorised to act for the farmer in relation to the mediation; and Note— Section 23 provides for when a party to a mediation may be represented at a mediation meeting by an agent with the mediator’s approval or, for a party that is a corporation, by an officer or employee. (ii) the farmer’s address for service of documents.\n- (i) if the farmer is not an individual—the name and contact details of the person authorised to act for the farmer in relation to the mediation; and Note— Section 23 provides for when a party to a mediation may be represented at a mediation meeting by an agent with the mediator’s approval or, for a party that is a corporation, by an officer or employee.\n- (ii) the farmer’s address for service of documents.\n- (i) if the farmer is not an individual—the name and contact details of the person authorised to act for the farmer in relation to the mediation; and Note— Section 23 provides for when a party to a mediation may be represented at a mediation meeting by an agent with the mediator’s approval or, for a party that is a corporation, by an officer or employee.\n- (ii) the farmer’s address for service of documents.\n- (a) the farmer to nominate 3 mediators from which the mortgagee may choose a mediator, to conduct the mediation, under section 18 ; and\n- (b) the farmer to request documents relating to the farm business debt and farm mortgage from the mortgagee under section 21 .","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"Agreeing to or refusing mediation","content":"### sec.16 Agreeing to or refusing mediation\n\nIf a mortgagee receives a request for mediation notice in relation to a farm business debt, the mortgagee may agree to or refuse the mediation.\nSubsection (1) applies whether or not the mortgagee received the request for mediation notice by the day stated in the notice inviting a request for mediation the mortgagee gave to the farmer.\nThe mortgagee agrees to the mediation by, within 15 business days after receiving the request for mediation notice—\npreparing, in the approved form, a notice that states the parties have agreed to mediation for the farm business debt; and\ngiving the notice to the farmer and the authority.\nThe notice must state—\nthe name and contact details of the person authorised to act for the mortgagee in relation to the mediation; and\nSection 23 provides for when a party to a mediation may be represented at a mediation meeting by an agent with the mediator’s approval or, for a party that is a corporation, by an officer or employee.\nthe mortgagee’s address for service of documents; and\nif stated in the farmer’s request for mediation notice—\nthe name and contact details of the person authorised to act for the farmer in relation to the mediation; and\nthe farmer’s address for service of documents.\nIf the mortgagee did not give a notice inviting a request for mediation to the farmer, a copy of the notice given to the farmer must be accompanied by a copy of the mediation information package.\nThe mortgagee refuses the mediation by giving a notice refusing the mediation to the farmer.\nIf the farmer requesting mediation is not in default under the farm mortgage and the mortgagee refuses the mediation, there are no consequences under this Act.\nIf the farmer requesting mediation is in default under the farm mortgage, the mortgagee’s refusal of the mediation may be grounds for the farmer to apply for an enforcement action suspension certificate under part 4 , division 1 . See section 40 .\ns 16 amd 2024 No. 17 s 192 s ch 1 pt 1\n(sec.16-ssec.1) If a mortgagee receives a request for mediation notice in relation to a farm business debt, the mortgagee may agree to or refuse the mediation.\n(sec.16-ssec.2) Subsection (1) applies whether or not the mortgagee received the request for mediation notice by the day stated in the notice inviting a request for mediation the mortgagee gave to the farmer.\n(sec.16-ssec.3) The mortgagee agrees to the mediation by, within 15 business days after receiving the request for mediation notice— preparing, in the approved form, a notice that states the parties have agreed to mediation for the farm business debt; and giving the notice to the farmer and the authority.\n(sec.16-ssec.4) The notice must state— the name and contact details of the person authorised to act for the mortgagee in relation to the mediation; and Section 23 provides for when a party to a mediation may be represented at a mediation meeting by an agent with the mediator’s approval or, for a party that is a corporation, by an officer or employee. the mortgagee’s address for service of documents; and if stated in the farmer’s request for mediation notice— the name and contact details of the person authorised to act for the farmer in relation to the mediation; and the farmer’s address for service of documents.\n(sec.16-ssec.5) If the mortgagee did not give a notice inviting a request for mediation to the farmer, a copy of the notice given to the farmer must be accompanied by a copy of the mediation information package.\n(sec.16-ssec.6) The mortgagee refuses the mediation by giving a notice refusing the mediation to the farmer. If the farmer requesting mediation is not in default under the farm mortgage and the mortgagee refuses the mediation, there are no consequences under this Act. If the farmer requesting mediation is in default under the farm mortgage, the mortgagee’s refusal of the mediation may be grounds for the farmer to apply for an enforcement action suspension certificate under part 4 , division 1 . See section 40 .\n- (a) preparing, in the approved form, a notice that states the parties have agreed to mediation for the farm business debt; and\n- (b) giving the notice to the farmer and the authority.\n- (a) the name and contact details of the person authorised to act for the mortgagee in relation to the mediation; and Note— Section 23 provides for when a party to a mediation may be represented at a mediation meeting by an agent with the mediator’s approval or, for a party that is a corporation, by an officer or employee.\n- (b) the mortgagee’s address for service of documents; and\n- (c) if stated in the farmer’s request for mediation notice— (i) the name and contact details of the person authorised to act for the farmer in relation to the mediation; and (ii) the farmer’s address for service of documents.\n- (i) the name and contact details of the person authorised to act for the farmer in relation to the mediation; and\n- (ii) the farmer’s address for service of documents.\n- (i) the name and contact details of the person authorised to act for the farmer in relation to the mediation; and\n- (ii) the farmer’s address for service of documents.\n- 1 If the farmer requesting mediation is not in default under the farm mortgage and the mortgagee refuses the mediation, there are no consequences under this Act.\n- 2 If the farmer requesting mediation is in default under the farm mortgage, the mortgagee’s refusal of the mediation may be grounds for the farmer to apply for an enforcement action suspension certificate under part 4 , division 1 . See section 40 .","sortOrder":24},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Conducting mediation","content":"## Conducting mediation","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application of division","content":"### sec.17 Application of division\n\nThis division applies if the farmer and the mortgagee for a farm business debt have agreed to mediation for the debt.\nThe parties have agreed to mediation when the mortgagee gives a notice under section 16 (3) (b) .\n(sec.17-ssec.1) This division applies if the farmer and the mortgagee for a farm business debt have agreed to mediation for the debt.\n(sec.17-ssec.2) The parties have agreed to mediation when the mortgagee gives a notice under section 16 (3) (b) .","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Choosing mediator","content":"### sec.18 Choosing mediator\n\nThe parties to the farm business debt must choose a mediator to conduct the mediation.\nThe mediator must be chosen in the way prescribed by regulation.\n(sec.18-ssec.1) The parties to the farm business debt must choose a mediator to conduct the mediation.\n(sec.18-ssec.2) The mediator must be chosen in the way prescribed by regulation.","sortOrder":27},{"sectionNumber":"sec.19","sectionType":"section","heading":"Arranging mediation","content":"### sec.19 Arranging mediation\n\nThe mortgagee must ask the mediator chosen under section 18 to arrange the mediation.\nIf the mediator is available to conduct the mediation, the mediator must arrange the mediation.\nThe procedure for arranging, and conducting, mediation and mediation meetings is the procedure—\nunder the mediation guidelines; or\nif the mediation guidelines do not provide for a particular matter—decided by the mediator for the matter.\n(sec.19-ssec.1) The mortgagee must ask the mediator chosen under section 18 to arrange the mediation.\n(sec.19-ssec.2) If the mediator is available to conduct the mediation, the mediator must arrange the mediation.\n(sec.19-ssec.3) The procedure for arranging, and conducting, mediation and mediation meetings is the procedure— under the mediation guidelines; or if the mediation guidelines do not provide for a particular matter—decided by the mediator for the matter.\n- (a) under the mediation guidelines; or\n- (b) if the mediation guidelines do not provide for a particular matter—decided by the mediator for the matter.","sortOrder":28},{"sectionNumber":"sec.20","sectionType":"section","heading":"Functions of mediator","content":"### sec.20 Functions of mediator\n\nThe main function of a mediator is to mediate impartially between the farmer and the mortgagee with the aim of bringing about an agreement between the farmer and the mortgagee about 1 or more matters relating to the farm business debt.\nA mediator has the other functions given to the mediator under an Act.\nIt is not a function of a mediator to—\nadvise a farmer or mortgagee about the law; or\nencourage or assist a farmer or mortgagee in reserving or establishing legal rights; or\nact as an adjudicator or arbitrator.\n(sec.20-ssec.1) The main function of a mediator is to mediate impartially between the farmer and the mortgagee with the aim of bringing about an agreement between the farmer and the mortgagee about 1 or more matters relating to the farm business debt.\n(sec.20-ssec.2) A mediator has the other functions given to the mediator under an Act.\n(sec.20-ssec.3) It is not a function of a mediator to— advise a farmer or mortgagee about the law; or encourage or assist a farmer or mortgagee in reserving or establishing legal rights; or act as an adjudicator or arbitrator.\n- (a) advise a farmer or mortgagee about the law; or\n- (b) encourage or assist a farmer or mortgagee in reserving or establishing legal rights; or\n- (c) act as an adjudicator or arbitrator.","sortOrder":29},{"sectionNumber":"sec.21","sectionType":"section","heading":"Giving requested documents to farmer","content":"### sec.21 Giving requested documents to farmer\n\nThe farmer may give a notice to the mortgagee asking the mortgagee for copies of documents related to the farm business debt and the farm mortgage.\nThe farmer may give the notice—\nwhen the farmer gives a request for mediation notice to the mortgagee; or\nat any time after the farmer gives a request for mediation notice to the mortgagee but before the mediation ends.\nThe mortgagee must comply with the notice, at the mortgagee’s cost, within—\n30 business days after receiving the notice; or\na longer period agreed between the farmer and the mortgagee, in consultation with the mediator.\nThe mortgagee complies with the request by giving the farmer copies of the documents in the mortgagee’s possession or control relating to—\nthe farmer’s application for the farm business debt and farm mortgage, and any variation of the debt or mortgage; and\nthe contractual relationship between the farmer and the mortgagee, including any loan or mortgage documents; and\ncorrespondence between the farmer and the mortgagee about changes to the farm business debt or the farm mortgage; and\nthe farmer’s default under the farm mortgage and any action taken by the mortgagee in relation to the default; and\nany other matter prescribed by regulation.\nThe mortgagee gives a document that is an electronic document by giving a clear image or written version of the document.\nIf the mortgagee has given a document mentioned in subsection (4) to the farmer within the 3 months before receiving the notice, the mortgagee is taken to have complied with the notice to the extent the notice relates to the document.\nIf the mortgagee fails to comply, or to make reasonable efforts to comply, with the request, the mortgagee has failed to take part in the mediation in good faith.\n(sec.21-ssec.1) The farmer may give a notice to the mortgagee asking the mortgagee for copies of documents related to the farm business debt and the farm mortgage.\n(sec.21-ssec.2) The farmer may give the notice— when the farmer gives a request for mediation notice to the mortgagee; or at any time after the farmer gives a request for mediation notice to the mortgagee but before the mediation ends.\n(sec.21-ssec.3) The mortgagee must comply with the notice, at the mortgagee’s cost, within— 30 business days after receiving the notice; or a longer period agreed between the farmer and the mortgagee, in consultation with the mediator.\n(sec.21-ssec.4) The mortgagee complies with the request by giving the farmer copies of the documents in the mortgagee’s possession or control relating to— the farmer’s application for the farm business debt and farm mortgage, and any variation of the debt or mortgage; and the contractual relationship between the farmer and the mortgagee, including any loan or mortgage documents; and correspondence between the farmer and the mortgagee about changes to the farm business debt or the farm mortgage; and the farmer’s default under the farm mortgage and any action taken by the mortgagee in relation to the default; and any other matter prescribed by regulation.\n(sec.21-ssec.5) The mortgagee gives a document that is an electronic document by giving a clear image or written version of the document.\n(sec.21-ssec.6) If the mortgagee has given a document mentioned in subsection (4) to the farmer within the 3 months before receiving the notice, the mortgagee is taken to have complied with the notice to the extent the notice relates to the document.\n(sec.21-ssec.7) If the mortgagee fails to comply, or to make reasonable efforts to comply, with the request, the mortgagee has failed to take part in the mediation in good faith.\n- (a) when the farmer gives a request for mediation notice to the mortgagee; or\n- (b) at any time after the farmer gives a request for mediation notice to the mortgagee but before the mediation ends.\n- (a) 30 business days after receiving the notice; or\n- (b) a longer period agreed between the farmer and the mortgagee, in consultation with the mediator.\n- (a) the farmer’s application for the farm business debt and farm mortgage, and any variation of the debt or mortgage; and\n- (b) the contractual relationship between the farmer and the mortgagee, including any loan or mortgage documents; and\n- (c) correspondence between the farmer and the mortgagee about changes to the farm business debt or the farm mortgage; and\n- (d) the farmer’s default under the farm mortgage and any action taken by the mortgagee in relation to the default; and\n- (e) any other matter prescribed by regulation.","sortOrder":30},{"sectionNumber":"sec.22","sectionType":"section","heading":"Giving documents to mortgagee","content":"### sec.22 Giving documents to mortgagee\n\nThe farmer must give the mortgagee documents or up-to-date information about—\nthe farmer’s most recent taxation return prepared for lodgement with the Australian Taxation Office; and\nthe farmer’s assets and liabilities; and\nthe farmer’s cash flow projections for a period of at least 1 year.\nThe farmer must comply, at the farmer’s cost, with subsection (1) within—\n30 business days after receiving a notice from the mortgagee under section 16 (3) ; or\na longer period agreed between the farmer and the mortgagee, in consultation with the mediator.\nThe farmer gives a document that is an electronic document by giving a clear image or written version of the document.\nIf the farmer fails to comply, or to make reasonable efforts to comply, with this section, the farmer has failed to take part in the mediation in good faith.\n(sec.22-ssec.1) The farmer must give the mortgagee documents or up-to-date information about— the farmer’s most recent taxation return prepared for lodgement with the Australian Taxation Office; and the farmer’s assets and liabilities; and the farmer’s cash flow projections for a period of at least 1 year.\n(sec.22-ssec.2) The farmer must comply, at the farmer’s cost, with subsection (1) within— 30 business days after receiving a notice from the mortgagee under section 16 (3) ; or a longer period agreed between the farmer and the mortgagee, in consultation with the mediator.\n(sec.22-ssec.3) The farmer gives a document that is an electronic document by giving a clear image or written version of the document.\n(sec.22-ssec.4) If the farmer fails to comply, or to make reasonable efforts to comply, with this section, the farmer has failed to take part in the mediation in good faith.\n- (a) the farmer’s most recent taxation return prepared for lodgement with the Australian Taxation Office; and\n- (b) the farmer’s assets and liabilities; and\n- (c) the farmer’s cash flow projections for a period of at least 1 year.\n- (a) 30 business days after receiving a notice from the mortgagee under section 16 (3) ; or\n- (b) a longer period agreed between the farmer and the mortgagee, in consultation with the mediator.","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"Representation at mediation meetings","content":"### sec.23 Representation at mediation meetings\n\nA party to a mediation may be represented at a mediation meeting by—\nan agent, with the mediator’s approval; or\nif the party is a corporation—an officer or employee of the corporation.\nThe mediator may approve a party be represented by an agent if the mediator is satisfied—\nthe party’s representation by an agent would assist the mediation; and\nthe agent has sufficient knowledge of the issues to be able to represent the party effectively.\nThe mediator may—\ngive the approval on the conditions the mediator considers are reasonable to ensure the other party is not substantially disadvantaged; and\nwithdraw the approval if the agent does not comply with the conditions.\nA person representing a party at a mediation meeting must be authorised in writing to enter into a heads of agreement for the party.\nIf another mediation meeting is required because a person representing a party at a mediation meeting does not have the authority mentioned in subsection (4) , the party must pay—\nthe other party’s costs for the other meeting; and\nthe mediator’s fee and costs for the other meeting.\n(sec.23-ssec.1) A party to a mediation may be represented at a mediation meeting by— an agent, with the mediator’s approval; or if the party is a corporation—an officer or employee of the corporation.\n(sec.23-ssec.2) The mediator may approve a party be represented by an agent if the mediator is satisfied— the party’s representation by an agent would assist the mediation; and the agent has sufficient knowledge of the issues to be able to represent the party effectively.\n(sec.23-ssec.3) The mediator may— give the approval on the conditions the mediator considers are reasonable to ensure the other party is not substantially disadvantaged; and withdraw the approval if the agent does not comply with the conditions.\n(sec.23-ssec.4) A person representing a party at a mediation meeting must be authorised in writing to enter into a heads of agreement for the party.\n(sec.23-ssec.5) If another mediation meeting is required because a person representing a party at a mediation meeting does not have the authority mentioned in subsection (4) , the party must pay— the other party’s costs for the other meeting; and the mediator’s fee and costs for the other meeting.\n- (a) an agent, with the mediator’s approval; or\n- (b) if the party is a corporation—an officer or employee of the corporation.\n- (a) the party’s representation by an agent would assist the mediation; and\n- (b) the agent has sufficient knowledge of the issues to be able to represent the party effectively.\n- (a) give the approval on the conditions the mediator considers are reasonable to ensure the other party is not substantially disadvantaged; and\n- (b) withdraw the approval if the agent does not comply with the conditions.\n- (a) the other party’s costs for the other meeting; and\n- (b) the mediator’s fee and costs for the other meeting.","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Farmer entitled to advisor","content":"### sec.24 Farmer entitled to advisor\n\nA farmer who is a party to mediation may have 1 or more advisors at a mediation meeting.\nAn advisor may, but need not, be a lawyer or otherwise professionally qualified.\nThe farmer may seek an advisor’s advice during the mediation meeting.\n(sec.24-ssec.1) A farmer who is a party to mediation may have 1 or more advisors at a mediation meeting.\n(sec.24-ssec.2) An advisor may, but need not, be a lawyer or otherwise professionally qualified.\n(sec.24-ssec.3) The farmer may seek an advisor’s advice during the mediation meeting.","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Mediation meetings","content":"### sec.25 Mediation meetings\n\nWithout limiting section 19 (3) , a mediator may—\ncall a pre-mediation conference; and\nadjourn a mediation meeting if the mediator considers a party would be significantly disadvantaged if the meeting continues.\nMediation meetings are to be conducted—\nat a place and time that is reasonably convenient for the farmer; and\nwith as little formality and technicality, and as quickly, as possible.\nIf the parties to a mediation agree, a mediation meeting may be held using any technology allowing reasonably contemporaneous and continuous communication between the parties.\nteleconferencing, videoconferencing\n(sec.25-ssec.1) Without limiting section 19 (3) , a mediator may— call a pre-mediation conference; and adjourn a mediation meeting if the mediator considers a party would be significantly disadvantaged if the meeting continues.\n(sec.25-ssec.2) Mediation meetings are to be conducted— at a place and time that is reasonably convenient for the farmer; and with as little formality and technicality, and as quickly, as possible.\n(sec.25-ssec.3) If the parties to a mediation agree, a mediation meeting may be held using any technology allowing reasonably contemporaneous and continuous communication between the parties. teleconferencing, videoconferencing\n- (a) call a pre-mediation conference; and\n- (b) adjourn a mediation meeting if the mediator considers a party would be significantly disadvantaged if the meeting continues.\n- (a) at a place and time that is reasonably convenient for the farmer; and\n- (b) with as little formality and technicality, and as quickly, as possible.","sortOrder":34},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Mediator may invite other participants to mediation","content":"### sec.25A Mediator may invite other participants to mediation\n\nThis section applies if a mediator is arranging or conducting a mediation and reasonably considers that a relevant person should be allowed to be at, or participate in, a mediation meeting.\nThe mediator may invite the relevant person to be at, or participate in, the mediation meeting.\nSee also section 37 (2) (c) .\nA relevant person is not obliged to accept an invitation under subsection (2) .\nIn this section—\nrelevant person , for a mediation, means a person, other than the mortgagee or farmer for the mediation, who—\nhas a legal or equitable interest in the farm property that is subject to the farm mortgage the subject of the mediation; or\nhas a potential or actual liability for the farm business debt the subject of the mediation.\na guarantor of a loan\ns 25A ins 2020 No. 3 s 88\n(sec.25A-ssec.1) This section applies if a mediator is arranging or conducting a mediation and reasonably considers that a relevant person should be allowed to be at, or participate in, a mediation meeting.\n(sec.25A-ssec.2) The mediator may invite the relevant person to be at, or participate in, the mediation meeting. See also section 37 (2) (c) .\n(sec.25A-ssec.3) A relevant person is not obliged to accept an invitation under subsection (2) .\n(sec.25A-ssec.4) In this section— relevant person , for a mediation, means a person, other than the mortgagee or farmer for the mediation, who— has a legal or equitable interest in the farm property that is subject to the farm mortgage the subject of the mediation; or has a potential or actual liability for the farm business debt the subject of the mediation. a guarantor of a loan\n- (a) has a legal or equitable interest in the farm property that is subject to the farm mortgage the subject of the mediation; or\n- (b) has a potential or actual liability for the farm business debt the subject of the mediation. Example— a guarantor of a loan","sortOrder":35},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Agreement reached in mediation","content":"## Agreement reached in mediation","sortOrder":36},{"sectionNumber":"sec.26","sectionType":"section","heading":"Heads of agreement","content":"### sec.26 Heads of agreement\n\nIf a mediator considers the parties to a mediation have agreed, or are about to agree, on a matter relating to the farm business debt, the mediator must—\nprepare, or supervise the preparation of, a document in the approved form that states the main points of agreement; and\ngive a copy of the document to each party during a mediation meeting.\nIf the parties are satisfied the document sets out the main points of their agreement about the matter, the parties may enter into a heads of agreement by each signing the document.\nThe heads of agreement has effect if the signed document, or each signed copy of the document, is given to the mediator within 10 business days after the end of the mediation meeting.\nThe approved form for a heads of agreement must—\nstate—\nthat a heads of agreement is subject to a cooling-off period unless the parties agree to waive the cooling-off period; and\nthat a farmer may revoke the heads of agreement during a cooling-off period by serving a signed notice of revocation on the mortgagee; and\nthe rights to compensation that may, and do not, arise under section 30 if a farmer revokes a heads of agreement during a cooling-off period; and\nprovide for the inclusion of the following matters—\nwhen a cooling-off period starts and ends; and\na cooling-off period to be shortened or extended if the parties agree.\n(sec.26-ssec.1) If a mediator considers the parties to a mediation have agreed, or are about to agree, on a matter relating to the farm business debt, the mediator must— prepare, or supervise the preparation of, a document in the approved form that states the main points of agreement; and give a copy of the document to each party during a mediation meeting.\n(sec.26-ssec.2) If the parties are satisfied the document sets out the main points of their agreement about the matter, the parties may enter into a heads of agreement by each signing the document.\n(sec.26-ssec.3) The heads of agreement has effect if the signed document, or each signed copy of the document, is given to the mediator within 10 business days after the end of the mediation meeting.\n(sec.26-ssec.4) The approved form for a heads of agreement must— state— that a heads of agreement is subject to a cooling-off period unless the parties agree to waive the cooling-off period; and that a farmer may revoke the heads of agreement during a cooling-off period by serving a signed notice of revocation on the mortgagee; and the rights to compensation that may, and do not, arise under section 30 if a farmer revokes a heads of agreement during a cooling-off period; and provide for the inclusion of the following matters— when a cooling-off period starts and ends; and a cooling-off period to be shortened or extended if the parties agree.\n- (a) prepare, or supervise the preparation of, a document in the approved form that states the main points of agreement; and\n- (b) give a copy of the document to each party during a mediation meeting.\n- (a) state— (i) that a heads of agreement is subject to a cooling-off period unless the parties agree to waive the cooling-off period; and (ii) that a farmer may revoke the heads of agreement during a cooling-off period by serving a signed notice of revocation on the mortgagee; and (iii) the rights to compensation that may, and do not, arise under section 30 if a farmer revokes a heads of agreement during a cooling-off period; and\n- (i) that a heads of agreement is subject to a cooling-off period unless the parties agree to waive the cooling-off period; and\n- (ii) that a farmer may revoke the heads of agreement during a cooling-off period by serving a signed notice of revocation on the mortgagee; and\n- (iii) the rights to compensation that may, and do not, arise under section 30 if a farmer revokes a heads of agreement during a cooling-off period; and\n- (b) provide for the inclusion of the following matters— (i) when a cooling-off period starts and ends; and (ii) a cooling-off period to be shortened or extended if the parties agree.\n- (i) when a cooling-off period starts and ends; and\n- (ii) a cooling-off period to be shortened or extended if the parties agree.\n- (i) that a heads of agreement is subject to a cooling-off period unless the parties agree to waive the cooling-off period; and\n- (ii) that a farmer may revoke the heads of agreement during a cooling-off period by serving a signed notice of revocation on the mortgagee; and\n- (iii) the rights to compensation that may, and do not, arise under section 30 if a farmer revokes a heads of agreement during a cooling-off period; and\n- (i) when a cooling-off period starts and ends; and\n- (ii) a cooling-off period to be shortened or extended if the parties agree.","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":"Cooling-off period","content":"### sec.27 Cooling-off period\n\nA heads of agreement entered into by the parties to a mediation is subject to a cooling-off period during which the farmer may revoke the agreement (the cooling-off period ) unless the parties agree to waive the cooling-off period under this section.\nIf the parties do not waive the cooling-off period, the period—\nstarts when the parties enter into the heads of agreement; and\nends on—\nif the parties have agreed on a day on which the cooling-off period ends and the day is noted on the heads of agreement—the agreed day; or\notherwise—the day that is 10 business days after the parties entered into the heads of agreement.\nThe parties to a heads of agreement may agree to—\nwaive the cooling-off period for the agreement; or\nat any time before the cooling-off period ends under subsection (2) (b) , shorten or extend the cooling-off period.\nHowever, the parties to a heads of agreement may waive or shorten the cooling-off period for the agreement only if the farmer has had a reasonable opportunity to seek legal advice about—\nthe agreement; and\nwaiving or shortening the cooling-off period.\nThe agreement must be in writing.\n(sec.27-ssec.1) A heads of agreement entered into by the parties to a mediation is subject to a cooling-off period during which the farmer may revoke the agreement (the cooling-off period ) unless the parties agree to waive the cooling-off period under this section.\n(sec.27-ssec.2) If the parties do not waive the cooling-off period, the period— starts when the parties enter into the heads of agreement; and ends on— if the parties have agreed on a day on which the cooling-off period ends and the day is noted on the heads of agreement—the agreed day; or otherwise—the day that is 10 business days after the parties entered into the heads of agreement.\n(sec.27-ssec.3) The parties to a heads of agreement may agree to— waive the cooling-off period for the agreement; or at any time before the cooling-off period ends under subsection (2) (b) , shorten or extend the cooling-off period.\n(sec.27-ssec.4) However, the parties to a heads of agreement may waive or shorten the cooling-off period for the agreement only if the farmer has had a reasonable opportunity to seek legal advice about— the agreement; and waiving or shortening the cooling-off period.\n(sec.27-ssec.5) The agreement must be in writing.\n- (a) starts when the parties enter into the heads of agreement; and\n- (b) ends on— (i) if the parties have agreed on a day on which the cooling-off period ends and the day is noted on the heads of agreement—the agreed day; or (ii) otherwise—the day that is 10 business days after the parties entered into the heads of agreement.\n- (i) if the parties have agreed on a day on which the cooling-off period ends and the day is noted on the heads of agreement—the agreed day; or\n- (ii) otherwise—the day that is 10 business days after the parties entered into the heads of agreement.\n- (i) if the parties have agreed on a day on which the cooling-off period ends and the day is noted on the heads of agreement—the agreed day; or\n- (ii) otherwise—the day that is 10 business days after the parties entered into the heads of agreement.\n- (a) waive the cooling-off period for the agreement; or\n- (b) at any time before the cooling-off period ends under subsection (2) (b) , shorten or extend the cooling-off period.\n- (a) the agreement; and\n- (b) waiving or shortening the cooling-off period.","sortOrder":38},{"sectionNumber":"sec.28","sectionType":"section","heading":"Mediator’s obligations after heads of agreement entered","content":"### sec.28 Mediator’s obligations after heads of agreement entered\n\nAfter receiving a signed heads of agreement from the parties to a mediation, the mediator must ensure each party has a copy of the heads of agreement—\nsigned by each party; and\nthat states—\nif the parties have waived the cooling-off period—there is no cooling-off period for the heads of agreement; or\notherwise—the days on which the cooling-off period for the heads of agreement starts and ends.\nIf, after signing the heads of agreement, the parties agree to shorten or extend the cooling-off period, the mediator must ensure each party has a copy of the heads of agreement that states—\nthe parties have agreed to shorten or extend the cooling-off period; and\nthe day on which the parties have agreed the cooling-off period ends.\n(sec.28-ssec.1) After receiving a signed heads of agreement from the parties to a mediation, the mediator must ensure each party has a copy of the heads of agreement— signed by each party; and that states— if the parties have waived the cooling-off period—there is no cooling-off period for the heads of agreement; or otherwise—the days on which the cooling-off period for the heads of agreement starts and ends.\n(sec.28-ssec.2) If, after signing the heads of agreement, the parties agree to shorten or extend the cooling-off period, the mediator must ensure each party has a copy of the heads of agreement that states— the parties have agreed to shorten or extend the cooling-off period; and the day on which the parties have agreed the cooling-off period ends.\n- (a) signed by each party; and\n- (b) that states— (i) if the parties have waived the cooling-off period—there is no cooling-off period for the heads of agreement; or (ii) otherwise—the days on which the cooling-off period for the heads of agreement starts and ends.\n- (i) if the parties have waived the cooling-off period—there is no cooling-off period for the heads of agreement; or\n- (ii) otherwise—the days on which the cooling-off period for the heads of agreement starts and ends.\n- (i) if the parties have waived the cooling-off period—there is no cooling-off period for the heads of agreement; or\n- (ii) otherwise—the days on which the cooling-off period for the heads of agreement starts and ends.\n- (a) the parties have agreed to shorten or extend the cooling-off period; and\n- (b) the day on which the parties have agreed the cooling-off period ends.","sortOrder":39},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Heads of agreement binds parties","content":"### sec.28A Heads of agreement binds parties\n\nA heads of agreement signed by the parties to a mediation binds each of the parties while the agreement is in effect.","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":"Revoking heads of agreement during cooling-off period","content":"### sec.29 Revoking heads of agreement during cooling-off period\n\nThe farmer may revoke the heads of agreement during the cooling-off period.\nThe farmer revokes the heads of agreement by serving the mortgagee with a notice of the revocation signed by the farmer, the farmer’s lawyer or another authorised agent.\nWhen the notice is served on the mortgagee, the heads of agreement has no effect.\n(sec.29-ssec.1) The farmer may revoke the heads of agreement during the cooling-off period.\n(sec.29-ssec.2) The farmer revokes the heads of agreement by serving the mortgagee with a notice of the revocation signed by the farmer, the farmer’s lawyer or another authorised agent.\n(sec.29-ssec.3) When the notice is served on the mortgagee, the heads of agreement has no effect.","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Compensation if heads of agreement revoked","content":"### sec.30 Compensation if heads of agreement revoked\n\nThis section applies if the farmer revokes the heads of agreement during the cooling-off period.\nA party to the heads of agreement has a right to claim reasonable compensation for a benefit received by the other party under the heads of agreement before the agreement was revoked.\nHowever, a mortgagee has no right to compensation under subsection (2) merely because the farmer revoked the heads of agreement.\nThis section and section 29 do not affect any other right or remedy available to a party to the heads of agreement arising from the farm business debt or the farm mortgage.\n(sec.30-ssec.1) This section applies if the farmer revokes the heads of agreement during the cooling-off period.\n(sec.30-ssec.2) A party to the heads of agreement has a right to claim reasonable compensation for a benefit received by the other party under the heads of agreement before the agreement was revoked.\n(sec.30-ssec.3) However, a mortgagee has no right to compensation under subsection (2) merely because the farmer revoked the heads of agreement.\n(sec.30-ssec.4) This section and section 29 do not affect any other right or remedy available to a party to the heads of agreement arising from the farm business debt or the farm mortgage.","sortOrder":42},{"sectionNumber":"sec.30A","sectionType":"section","heading":"Varying heads of agreement","content":"### sec.30A Varying heads of agreement\n\nThe parties to a mediation may, at any time, agree to vary a heads of agreement relating to the mediation and any contract, mortgage or other document entered into by the parties to give effect to the heads of agreement.\nHowever, subsection (1) applies only if the farmer who was a party to the mediation has had a reasonable opportunity to seek legal advice about varying the heads of agreement.\nThe agreement must be in writing.\nSubsection (1) does not apply to varying the cooling-off period for the heads of agreement.\n(sec.30A-ssec.1) The parties to a mediation may, at any time, agree to vary a heads of agreement relating to the mediation and any contract, mortgage or other document entered into by the parties to give effect to the heads of agreement.\n(sec.30A-ssec.2) However, subsection (1) applies only if the farmer who was a party to the mediation has had a reasonable opportunity to seek legal advice about varying the heads of agreement.\n(sec.30A-ssec.3) The agreement must be in writing.\n(sec.30A-ssec.4) Subsection (1) does not apply to varying the cooling-off period for the heads of agreement.","sortOrder":43},{"sectionNumber":"sec.31","sectionType":"section","heading":"Ensuring heads of agreement is given effect accurately","content":"### sec.31 Ensuring heads of agreement is given effect accurately\n\nThis section applies if a farmer and mortgagee who entered into a heads of agreement for a farm business debt are also the parties to a contract, mortgage or other document entered into to give effect to the heads of agreement.\nThe mortgagee must ensure the contract, mortgage or other document gives effect to the heads of agreement accurately.\nMaximum penalty for subsection (2) —100 penalty units.\nIf a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 89 , to have also committed the offence.\n(sec.31-ssec.1) This section applies if a farmer and mortgagee who entered into a heads of agreement for a farm business debt are also the parties to a contract, mortgage or other document entered into to give effect to the heads of agreement.\n(sec.31-ssec.2) The mortgagee must ensure the contract, mortgage or other document gives effect to the heads of agreement accurately. Maximum penalty for subsection (2) —100 penalty units. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 89 , to have also committed the offence.","sortOrder":44},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Ending mediation","content":"## Ending mediation","sortOrder":45},{"sectionNumber":"sec.32","sectionType":"section","heading":"When mediation ends","content":"### sec.32 When mediation ends\n\nMediation for a farm business debt ends when—\nthe parties have entered into a heads of agreement and the mediator is satisfied there are no matters relating to the debt that have not been resolved by the parties; or\nthe parties have not entered into a heads of agreement, but—\neither party has given the other party and the mediator a notice advising that the party does not intend to continue taking part in the mediation; or\nthe parties agree, or the mediator is satisfied, the mediation has proceeded as far as it reasonably can and agreement is unlikely; or\nthe mediator is satisfied either or both of the parties are not taking part in the mediation in good faith, or are unreasonably delaying mediation, and agreement is unlikely.\nSee sections 21 (7) and 22 (4) for circumstances in which a party has not taken part in mediation in good faith.\n- (a) the parties have entered into a heads of agreement and the mediator is satisfied there are no matters relating to the debt that have not been resolved by the parties; or\n- (b) the parties have not entered into a heads of agreement, but— (i) either party has given the other party and the mediator a notice advising that the party does not intend to continue taking part in the mediation; or (ii) the parties agree, or the mediator is satisfied, the mediation has proceeded as far as it reasonably can and agreement is unlikely; or (iii) the mediator is satisfied either or both of the parties are not taking part in the mediation in good faith, or are unreasonably delaying mediation, and agreement is unlikely. Note— See sections 21 (7) and 22 (4) for circumstances in which a party has not taken part in mediation in good faith.\n- (i) either party has given the other party and the mediator a notice advising that the party does not intend to continue taking part in the mediation; or\n- (ii) the parties agree, or the mediator is satisfied, the mediation has proceeded as far as it reasonably can and agreement is unlikely; or\n- (iii) the mediator is satisfied either or both of the parties are not taking part in the mediation in good faith, or are unreasonably delaying mediation, and agreement is unlikely. Note— See sections 21 (7) and 22 (4) for circumstances in which a party has not taken part in mediation in good faith.\n- (i) either party has given the other party and the mediator a notice advising that the party does not intend to continue taking part in the mediation; or\n- (ii) the parties agree, or the mediator is satisfied, the mediation has proceeded as far as it reasonably can and agreement is unlikely; or\n- (iii) the mediator is satisfied either or both of the parties are not taking part in the mediation in good faith, or are unreasonably delaying mediation, and agreement is unlikely. Note— See sections 21 (7) and 22 (4) for circumstances in which a party has not taken part in mediation in good faith.","sortOrder":46},{"sectionNumber":"sec.33","sectionType":"section","heading":"Summary of mediation","content":"### sec.33 Summary of mediation\n\nAt the end of the mediation, the mediator must prepare a summary of the mediation, in the approved form, that states—\nthe days when—\nthe parties agreed to the mediation; and\nthe first mediation meeting was held; and\nthe last mediation meeting was held; and\nif the parties entered into a heads of agreement—the heads of agreement was entered into; and\nif the parties did not enter into a heads of agreement—the mediation ended; and\nif the parties did not enter into a heads of agreement—the reason the mediation ended; and\nwhether, in the mediator’s opinion, the mediation was satisfactory and the parties participated in good faith; and\nif the mediator is of the opinion the mediation was not satisfactory or the parties did not participate in good faith—the mediator’s reasons for the opinion.\nIf the parties entered into a heads of agreement, a copy of the heads of agreement must accompany the summary.\nThe summary must be signed by the mediator and each party to the mediation or the party’s agent for the mediation.\nIf subsection (1) (c) or (d) applies and a party to the mediation does not agree with the mediator’s opinion or reasons for the opinion, the party may ask the mediator to note the party’s disagreement on the summary.\nThe mediator must, within 10 business days after the mediation ends, give a copy of the summary to each of the parties to the mediation and the authority.\n(sec.33-ssec.1) At the end of the mediation, the mediator must prepare a summary of the mediation, in the approved form, that states— the days when— the parties agreed to the mediation; and the first mediation meeting was held; and the last mediation meeting was held; and if the parties entered into a heads of agreement—the heads of agreement was entered into; and if the parties did not enter into a heads of agreement—the mediation ended; and if the parties did not enter into a heads of agreement—the reason the mediation ended; and whether, in the mediator’s opinion, the mediation was satisfactory and the parties participated in good faith; and if the mediator is of the opinion the mediation was not satisfactory or the parties did not participate in good faith—the mediator’s reasons for the opinion.\n(sec.33-ssec.2) If the parties entered into a heads of agreement, a copy of the heads of agreement must accompany the summary.\n(sec.33-ssec.3) The summary must be signed by the mediator and each party to the mediation or the party’s agent for the mediation.\n(sec.33-ssec.4) If subsection (1) (c) or (d) applies and a party to the mediation does not agree with the mediator’s opinion or reasons for the opinion, the party may ask the mediator to note the party’s disagreement on the summary.\n(sec.33-ssec.5) The mediator must, within 10 business days after the mediation ends, give a copy of the summary to each of the parties to the mediation and the authority.\n- (a) the days when— (i) the parties agreed to the mediation; and (ii) the first mediation meeting was held; and (iii) the last mediation meeting was held; and (iv) if the parties entered into a heads of agreement—the heads of agreement was entered into; and (v) if the parties did not enter into a heads of agreement—the mediation ended; and\n- (i) the parties agreed to the mediation; and\n- (ii) the first mediation meeting was held; and\n- (iii) the last mediation meeting was held; and\n- (iv) if the parties entered into a heads of agreement—the heads of agreement was entered into; and\n- (v) if the parties did not enter into a heads of agreement—the mediation ended; and\n- (b) if the parties did not enter into a heads of agreement—the reason the mediation ended; and\n- (c) whether, in the mediator’s opinion, the mediation was satisfactory and the parties participated in good faith; and\n- (d) if the mediator is of the opinion the mediation was not satisfactory or the parties did not participate in good faith—the mediator’s reasons for the opinion.\n- (i) the parties agreed to the mediation; and\n- (ii) the first mediation meeting was held; and\n- (iii) the last mediation meeting was held; and\n- (iv) if the parties entered into a heads of agreement—the heads of agreement was entered into; and\n- (v) if the parties did not enter into a heads of agreement—the mediation ended; and","sortOrder":47},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"General","content":"## General","sortOrder":48},{"sectionNumber":"sec.34","sectionType":"section","heading":"Guidelines for conducting mediation","content":"### sec.34 Guidelines for conducting mediation\n\nThe authority must make guidelines about the conduct of mediation for farm business debts.\nWithout limiting subsection (1) , a guideline may be made about—\nthe procedure for starting mediation and arranging mediation meetings; or\nthe obligations of a mediator to keep records about mediations conducted.\nWhen preparing the guidelines, the authority must consult with—\nat least 1 organisation that represents the interests of Queensland farmers; and\nat least 1 organisation that represents the interests of banks or other entities that provide finance to Queensland farmers.\nThe authority must publish the guidelines on the authority’s website.\n(sec.34-ssec.1) The authority must make guidelines about the conduct of mediation for farm business debts.\n(sec.34-ssec.2) Without limiting subsection (1) , a guideline may be made about— the procedure for starting mediation and arranging mediation meetings; or the obligations of a mediator to keep records about mediations conducted.\n(sec.34-ssec.3) When preparing the guidelines, the authority must consult with— at least 1 organisation that represents the interests of Queensland farmers; and at least 1 organisation that represents the interests of banks or other entities that provide finance to Queensland farmers.\n(sec.34-ssec.4) The authority must publish the guidelines on the authority’s website.\n- (a) the procedure for starting mediation and arranging mediation meetings; or\n- (b) the obligations of a mediator to keep records about mediations conducted.\n- (a) at least 1 organisation that represents the interests of Queensland farmers; and\n- (b) at least 1 organisation that represents the interests of banks or other entities that provide finance to Queensland farmers.","sortOrder":49},{"sectionNumber":"sec.35","sectionType":"section","heading":"Mediation information package","content":"### sec.35 Mediation information package\n\nThe authority must prepare a mediation information package that includes—\ninformation about mediation for a farm business debt under this Act, including information about the rights and obligations of a farmer in relation to the mediation; and\ncopies of the approved forms under this Act for use in relation to mediation; and\ninformation about mediators who may conduct mediations under this Act, including how to access information in the register of mediators kept under section 76 .\nThe authority must give a copy of the mediation information package to a mortgagee or farmer on request and at no cost.\n(sec.35-ssec.1) The authority must prepare a mediation information package that includes— information about mediation for a farm business debt under this Act, including information about the rights and obligations of a farmer in relation to the mediation; and copies of the approved forms under this Act for use in relation to mediation; and information about mediators who may conduct mediations under this Act, including how to access information in the register of mediators kept under section 76 .\n(sec.35-ssec.2) The authority must give a copy of the mediation information package to a mortgagee or farmer on request and at no cost.\n- (a) information about mediation for a farm business debt under this Act, including information about the rights and obligations of a farmer in relation to the mediation; and\n- (b) copies of the approved forms under this Act for use in relation to mediation; and\n- (c) information about mediators who may conduct mediations under this Act, including how to access information in the register of mediators kept under section 76 .","sortOrder":50},{"sectionNumber":"sec.36","sectionType":"section","heading":"Rules of evidence","content":"### sec.36 Rules of evidence\n\nThe rules of evidence do not apply to mediation meetings.","sortOrder":51},{"sectionNumber":"sec.37","sectionType":"section","heading":"Mediation not open to the public","content":"### sec.37 Mediation not open to the public\n\nA mediation meeting is not open to the public.\nA person who is not a party to a mediation meeting may be at, or participate in, the meeting—\nas a person representing a party under section 23 ; or\nas an advisor of the farmer under section 24 ; or\nwith the mediator’s approval.\n(sec.37-ssec.1) A mediation meeting is not open to the public.\n(sec.37-ssec.2) A person who is not a party to a mediation meeting may be at, or participate in, the meeting— as a person representing a party under section 23 ; or as an advisor of the farmer under section 24 ; or with the mediator’s approval.\n- (a) as a person representing a party under section 23 ; or\n- (b) as an advisor of the farmer under section 24 ; or\n- (c) with the mediator’s approval.","sortOrder":52},{"sectionNumber":"sec.38","sectionType":"section","heading":"Confidentiality","content":"### sec.38 Confidentiality\n\nThe following matters are not admissible in any civil, criminal or administrative proceeding—\nanything said or done during a mediation meeting;\na document prepared for the purposes of a mediation meeting;\na document prepared for the purpose of being given to a party to a mediation as required under section 21 or 22 .\nThis section does not apply to—\na heads of agreement; or\na contract, mortgage or other document prepared to give effect to a heads of agreement; or\na summary of a mediation prepared under section 33 ; or\na proceeding or a part of a proceeding before QCAT that is not open to the public, including, for example, a proceeding started under section 82 ; or\na proceeding or a part of a proceeding that relates to—\nviolence or a threat of violence; or\nongoing activity of a criminal nature being concealed; or\nthe abuse of a child or another person.\nIn this section—\nmediation meeting includes anything done for the purpose of arranging for, or following up matters discussed or agreed at, a mediation meeting.\n(sec.38-ssec.1) The following matters are not admissible in any civil, criminal or administrative proceeding— anything said or done during a mediation meeting; a document prepared for the purposes of a mediation meeting; a document prepared for the purpose of being given to a party to a mediation as required under section 21 or 22 .\n(sec.38-ssec.2) This section does not apply to— a heads of agreement; or a contract, mortgage or other document prepared to give effect to a heads of agreement; or a summary of a mediation prepared under section 33 ; or a proceeding or a part of a proceeding before QCAT that is not open to the public, including, for example, a proceeding started under section 82 ; or a proceeding or a part of a proceeding that relates to— violence or a threat of violence; or ongoing activity of a criminal nature being concealed; or the abuse of a child or another person.\n(sec.38-ssec.3) In this section— mediation meeting includes anything done for the purpose of arranging for, or following up matters discussed or agreed at, a mediation meeting.\n- (a) anything said or done during a mediation meeting;\n- (b) a document prepared for the purposes of a mediation meeting;\n- (c) a document prepared for the purpose of being given to a party to a mediation as required under section 21 or 22 .\n- (a) a heads of agreement; or\n- (b) a contract, mortgage or other document prepared to give effect to a heads of agreement; or\n- (c) a summary of a mediation prepared under section 33 ; or\n- (d) a proceeding or a part of a proceeding before QCAT that is not open to the public, including, for example, a proceeding started under section 82 ; or\n- (e) a proceeding or a part of a proceeding that relates to— (i) violence or a threat of violence; or (ii) ongoing activity of a criminal nature being concealed; or (iii) the abuse of a child or another person.\n- (i) violence or a threat of violence; or\n- (ii) ongoing activity of a criminal nature being concealed; or\n- (iii) the abuse of a child or another person.\n- (i) violence or a threat of violence; or\n- (ii) ongoing activity of a criminal nature being concealed; or\n- (iii) the abuse of a child or another person.","sortOrder":53},{"sectionNumber":"sec.39","sectionType":"section","heading":"Costs","content":"### sec.39 Costs\n\nEach party to a mediation must pay—\nthe party’s own costs for the mediation; and\nhalf of the mediator’s fee and costs for the mediation.\nA party’s costs for a mediation include the costs incurred by the party in relation to the mediation.\nthe costs of travel and accommodation incurred to attend a mediation meeting\nThis section applies subject to section 23 (5) .\n(sec.39-ssec.1) Each party to a mediation must pay— the party’s own costs for the mediation; and half of the mediator’s fee and costs for the mediation.\n(sec.39-ssec.1A) A party’s costs for a mediation include the costs incurred by the party in relation to the mediation. the costs of travel and accommodation incurred to attend a mediation meeting\n(sec.39-ssec.2) This section applies subject to section 23 (5) .\n- (a) the party’s own costs for the mediation; and\n- (b) half of the mediator’s fee and costs for the mediation.","sortOrder":54},{"sectionNumber":"pt.4","sectionType":"part","heading":"Action by authority","content":"# Action by authority","sortOrder":55},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Suspending enforcement action","content":"## Suspending enforcement action","sortOrder":56},{"sectionNumber":"sec.40","sectionType":"section","heading":"Applying for enforcement action suspension certificate","content":"### sec.40 Applying for enforcement action suspension certificate\n\nThis section applies to a farmer if—\nthe farmer is in default under a farm mortgage; and\nthe farmer has given the mortgagee a request for mediation notice; and\nthe mortgagee has failed to mediate.\nSee section 44 for when a mortgagee has failed to mediate.\nThe farmer may apply to the authority for a certificate (an enforcement action suspension certificate ) to stop the mortgagee taking enforcement action under the farm mortgage.\nThe application must—\nbe in the approved form; and\nstate the facts and circumstances forming the basis of the claim the mortgagee has failed to mediate; and\nbe accompanied by the fee prescribed by regulation.\n(sec.40-ssec.1) This section applies to a farmer if— the farmer is in default under a farm mortgage; and the farmer has given the mortgagee a request for mediation notice; and the mortgagee has failed to mediate. See section 44 for when a mortgagee has failed to mediate.\n(sec.40-ssec.2) The farmer may apply to the authority for a certificate (an enforcement action suspension certificate ) to stop the mortgagee taking enforcement action under the farm mortgage.\n(sec.40-ssec.3) The application must— be in the approved form; and state the facts and circumstances forming the basis of the claim the mortgagee has failed to mediate; and be accompanied by the fee prescribed by regulation.\n- (a) the farmer is in default under a farm mortgage; and\n- (b) the farmer has given the mortgagee a request for mediation notice; and\n- (c) the mortgagee has failed to mediate. Note— See section 44 for when a mortgagee has failed to mediate.\n- (a) be in the approved form; and\n- (b) state the facts and circumstances forming the basis of the claim the mortgagee has failed to mediate; and\n- (c) be accompanied by the fee prescribed by regulation.","sortOrder":57},{"sectionNumber":"sec.41","sectionType":"section","heading":"Show cause notice","content":"### sec.41 Show cause notice\n\nThe authority must give a show cause notice to the mortgagee before deciding a farmer’s application for an enforcement action suspension certificate.\nThe show cause notice must state the mortgagee may, within the show cause period, make written representations to the authority to show why an enforcement action suspension certificate should not be issued.\nThe show cause period must end at least 20 business days after the show cause notice is given to the mortgagee.\nThe show cause notice must be accompanied by a copy of the farmer’s application.\n(sec.41-ssec.1) The authority must give a show cause notice to the mortgagee before deciding a farmer’s application for an enforcement action suspension certificate.\n(sec.41-ssec.2) The show cause notice must state the mortgagee may, within the show cause period, make written representations to the authority to show why an enforcement action suspension certificate should not be issued.\n(sec.41-ssec.3) The show cause period must end at least 20 business days after the show cause notice is given to the mortgagee.\n(sec.41-ssec.4) The show cause notice must be accompanied by a copy of the farmer’s application.","sortOrder":58},{"sectionNumber":"sec.42","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.42 Representations about show cause notice\n\nThe mortgagee may make written representations about the show cause notice to the authority during the show cause period.\nThe authority must give a copy of all representations made in accordance with the show cause notice to the farmer as soon as practicable after the representations are made.\n(sec.42-ssec.1) The mortgagee may make written representations about the show cause notice to the authority during the show cause period.\n(sec.42-ssec.2) The authority must give a copy of all representations made in accordance with the show cause notice to the farmer as soon as practicable after the representations are made.","sortOrder":59},{"sectionNumber":"sec.43","sectionType":"section","heading":"Deciding application","content":"### sec.43 Deciding application\n\nThe authority must—\nconsider the farmer’s application for an enforcement action suspension certificate; and\nconsider all representations made in accordance with the show cause notice; and\ndecide to approve or refuse the application; and\nas soon as practicable after making the decision, give the farmer and the mortgagee a notice that states the decision.\nThe authority must decide to approve the application if the authority is satisfied—\nthe farmer is in default under the farm mortgage; and\nthe farmer has given the mortgagee a request for mediation notice; and\nan exemption certificate is not in force for the farm mortgage; and\nthe mortgagee has failed to, and does not intend to, mediate in relation to the farm mortgage.\nSee section 44 for when a mortgagee has failed to mediate.\nIf the authority decides to approve the application, the notice the authority gives the mortgagee under subsection (1) (d) must be an information notice for the decision.\nIf the authority decides to refuse the application, the notice the authority gives the farmer under subsection (1) (d) must be an information notice for the decision.\n(sec.43-ssec.1) The authority must— consider the farmer’s application for an enforcement action suspension certificate; and consider all representations made in accordance with the show cause notice; and decide to approve or refuse the application; and as soon as practicable after making the decision, give the farmer and the mortgagee a notice that states the decision.\n(sec.43-ssec.2) The authority must decide to approve the application if the authority is satisfied— the farmer is in default under the farm mortgage; and the farmer has given the mortgagee a request for mediation notice; and an exemption certificate is not in force for the farm mortgage; and the mortgagee has failed to, and does not intend to, mediate in relation to the farm mortgage. See section 44 for when a mortgagee has failed to mediate.\n(sec.43-ssec.3) If the authority decides to approve the application, the notice the authority gives the mortgagee under subsection (1) (d) must be an information notice for the decision.\n(sec.43-ssec.4) If the authority decides to refuse the application, the notice the authority gives the farmer under subsection (1) (d) must be an information notice for the decision.\n- (a) consider the farmer’s application for an enforcement action suspension certificate; and\n- (b) consider all representations made in accordance with the show cause notice; and\n- (c) decide to approve or refuse the application; and\n- (d) as soon as practicable after making the decision, give the farmer and the mortgagee a notice that states the decision.\n- (a) the farmer is in default under the farm mortgage; and\n- (b) the farmer has given the mortgagee a request for mediation notice; and\n- (c) an exemption certificate is not in force for the farm mortgage; and\n- (d) the mortgagee has failed to, and does not intend to, mediate in relation to the farm mortgage. Note— See section 44 for when a mortgagee has failed to mediate.","sortOrder":60},{"sectionNumber":"sec.44","sectionType":"section","heading":"When a mortgagee has failed to mediate","content":"### sec.44 When a mortgagee has failed to mediate\n\nThis section applies if the farmer gives a request for mediation notice to the mortgagee.\nFor section 43 , the mortgagee has failed to mediate in relation to the farm business debt if—\nthe mortgagee does not respond to the notice within 15 business days after the notice was given; or\nthe mortgagee has given the farmer a notice refusing the mediation; or\nthe mortgagee has failed to take part in mediation in good faith or has unreasonably delayed the mediation; or\nall of the following apply—\nthe farmer and the mortgagee agreed to mediate in relation to the farm business debt;\n3 months have elapsed since the request for mediation notice was given;\nduring the period since the notice was given, the farmer has attempted to mediate with the mortgagee in good faith;\nthere has been no satisfactory mediation between the farmer and the mortgagee.\n(sec.44-ssec.1) This section applies if the farmer gives a request for mediation notice to the mortgagee.\n(sec.44-ssec.2) For section 43 , the mortgagee has failed to mediate in relation to the farm business debt if— the mortgagee does not respond to the notice within 15 business days after the notice was given; or the mortgagee has given the farmer a notice refusing the mediation; or the mortgagee has failed to take part in mediation in good faith or has unreasonably delayed the mediation; or all of the following apply— the farmer and the mortgagee agreed to mediate in relation to the farm business debt; 3 months have elapsed since the request for mediation notice was given; during the period since the notice was given, the farmer has attempted to mediate with the mortgagee in good faith; there has been no satisfactory mediation between the farmer and the mortgagee.\n- (a) the mortgagee does not respond to the notice within 15 business days after the notice was given; or\n- (b) the mortgagee has given the farmer a notice refusing the mediation; or\n- (c) the mortgagee has failed to take part in mediation in good faith or has unreasonably delayed the mediation; or\n- (d) all of the following apply— (i) the farmer and the mortgagee agreed to mediate in relation to the farm business debt; (ii) 3 months have elapsed since the request for mediation notice was given; (iii) during the period since the notice was given, the farmer has attempted to mediate with the mortgagee in good faith; (iv) there has been no satisfactory mediation between the farmer and the mortgagee.\n- (i) the farmer and the mortgagee agreed to mediate in relation to the farm business debt;\n- (ii) 3 months have elapsed since the request for mediation notice was given;\n- (iii) during the period since the notice was given, the farmer has attempted to mediate with the mortgagee in good faith;\n- (iv) there has been no satisfactory mediation between the farmer and the mortgagee.\n- (i) the farmer and the mortgagee agreed to mediate in relation to the farm business debt;\n- (ii) 3 months have elapsed since the request for mediation notice was given;\n- (iii) during the period since the notice was given, the farmer has attempted to mediate with the mortgagee in good faith;\n- (iv) there has been no satisfactory mediation between the farmer and the mortgagee.","sortOrder":61},{"sectionNumber":"sec.45","sectionType":"section","heading":"Failure to decide application","content":"### sec.45 Failure to decide application\n\nIf the authority fails to decide the farmer’s application for an enforcement action suspension certificate by the required day, the authority is taken to have decided to refuse the application.\nThe required day is the day that is 20 business days after the end of the show cause period for the show cause notice the authority gave the mortgagee under section 41 .\nIf the application is taken to be refused under this section, the farmer is entitled to be given an information notice for the decision by the authority.\n(sec.45-ssec.1) If the authority fails to decide the farmer’s application for an enforcement action suspension certificate by the required day, the authority is taken to have decided to refuse the application.\n(sec.45-ssec.2) The required day is the day that is 20 business days after the end of the show cause period for the show cause notice the authority gave the mortgagee under section 41 .\n(sec.45-ssec.3) If the application is taken to be refused under this section, the farmer is entitled to be given an information notice for the decision by the authority.","sortOrder":62},{"sectionNumber":"sec.46","sectionType":"section","heading":"Issuing certificate","content":"### sec.46 Issuing certificate\n\nIf the authority decides to approve a farmer’s application for an enforcement action suspension certificate, the authority must issue the certificate, in the approved form, to the farmer.\nThe enforcement action suspension certificate must—\nstate the name of the farmer and the mortgagee; and\nidentify the farm property; and\nstate when the certificate ends.\nThe authority must give a copy of the certificate to the mortgagee.\nThe authority must comply with this section as soon as practicable after deciding to approve the farmer’s application.\n(sec.46-ssec.1) If the authority decides to approve a farmer’s application for an enforcement action suspension certificate, the authority must issue the certificate, in the approved form, to the farmer.\n(sec.46-ssec.2) The enforcement action suspension certificate must— state the name of the farmer and the mortgagee; and identify the farm property; and state when the certificate ends.\n(sec.46-ssec.3) The authority must give a copy of the certificate to the mortgagee.\n(sec.46-ssec.4) The authority must comply with this section as soon as practicable after deciding to approve the farmer’s application.\n- (a) state the name of the farmer and the mortgagee; and\n- (b) identify the farm property; and\n- (c) state when the certificate ends.","sortOrder":63},{"sectionNumber":"sec.47","sectionType":"section","heading":"Duration","content":"### sec.47 Duration\n\nAn enforcement action suspension certificate for a farm mortgage ends on the earlier of the following days—\nif the farmer and the mortgagee took part in mediation for the farm business debt and the mediation was satisfactory—the last day of the mediation;\notherwise—the day that is 6 months after—\nif the mortgagee gave the farmer a notice refusing the mediation—the notice was given; or\notherwise—the day that is 15 business days after the farmer gave the request for mediation notice to the mortgagee.\nWhile an enforcement action suspension certificate is in force for a farm mortgage the mortgagee may not take enforcement action. See section 12 (1) .\n- (a) if the farmer and the mortgagee took part in mediation for the farm business debt and the mediation was satisfactory—the last day of the mediation;\n- (b) otherwise—the day that is 6 months after— (i) if the mortgagee gave the farmer a notice refusing the mediation—the notice was given; or (ii) otherwise—the day that is 15 business days after the farmer gave the request for mediation notice to the mortgagee.\n- (i) if the mortgagee gave the farmer a notice refusing the mediation—the notice was given; or\n- (ii) otherwise—the day that is 15 business days after the farmer gave the request for mediation notice to the mortgagee.\n- (i) if the mortgagee gave the farmer a notice refusing the mediation—the notice was given; or\n- (ii) otherwise—the day that is 15 business days after the farmer gave the request for mediation notice to the mortgagee.","sortOrder":64},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Exemption from obligation to mediation","content":"## Exemption from obligation to mediation","sortOrder":65},{"sectionNumber":"sec.48","sectionType":"section","heading":"Applying for exemption certificate","content":"### sec.48 Applying for exemption certificate\n\nThe mortgagee for a farm mortgage may apply to the authority for a certificate (an exemption certificate ) exempting the mortgagee from the obligation to offer mediation under this Act before taking enforcement action in relation to the farmer’s default under the farm mortgage.\nThe application must—\nbe in the approved form; and\nstate the facts and circumstances forming the basis of the ground on which the mortgagee claims an exemption certificate should be issued; and\nbe accompanied by the fee prescribed by regulation.\n(sec.48-ssec.1) The mortgagee for a farm mortgage may apply to the authority for a certificate (an exemption certificate ) exempting the mortgagee from the obligation to offer mediation under this Act before taking enforcement action in relation to the farmer’s default under the farm mortgage.\n(sec.48-ssec.2) The application must— be in the approved form; and state the facts and circumstances forming the basis of the ground on which the mortgagee claims an exemption certificate should be issued; and be accompanied by the fee prescribed by regulation.\n- (a) be in the approved form; and\n- (b) state the facts and circumstances forming the basis of the ground on which the mortgagee claims an exemption certificate should be issued; and\n- (c) be accompanied by the fee prescribed by regulation.","sortOrder":66},{"sectionNumber":"sec.49","sectionType":"section","heading":"Grounds","content":"### sec.49 Grounds\n\nEach of the following is a ground for issuing an exemption certificate in relation to a farmer’s default under a farm mortgage—\nthe farmer and the mortgagee took part in mediation for the farm business debt conducted under this Act and the mediation—\nconsidered matters relating to the farmer’s default; and\nwas satisfactory;\nSee also section 92 about the application of this Act.\nthe farmer has failed to, and does not intend to, mediate for the farm business debt about matters relating to the farmer’s default;\nSee section 53 for when a farmer has failed to mediate.\nall of the following apply—\nthe farmer and the mortgagee agreed to mediate for the farm business debt about matters relating to the farmer’s default;\n3 months, or a longer period agreed in writing by the mortgagee, has elapsed since the mortgagee gave a notice inviting a request for mediation to the farmer;\nduring that period, the mortgagee has attempted to mediate in good faith;\nthere has been no satisfactory mediation between the farmer and the mortgagee;\nthe farm business debt is secured, in part, by a farm mortgage of farm property in another State and, under the corresponding law of that State—\nthe mediation for the farm business debt considered matters relating to the farmer’s default under the farm mortgage of farm property in Queensland and was satisfactory; or\nthe farmer has failed to, and does not intend to, mediate for the farm business debt about matters relating to the farmer’s default.\nFor subsection (1) (c) (iii) , a mortgagee not agreeing to reduce or forgive a debt does not, of itself, mean the mortgagee has not attempted to mediate in good faith.\ns 49 amd 2020 No. 3 s 89 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.49-ssec.1) Each of the following is a ground for issuing an exemption certificate in relation to a farmer’s default under a farm mortgage— the farmer and the mortgagee took part in mediation for the farm business debt conducted under this Act and the mediation— considered matters relating to the farmer’s default; and was satisfactory; See also section 92 about the application of this Act. the farmer has failed to, and does not intend to, mediate for the farm business debt about matters relating to the farmer’s default; See section 53 for when a farmer has failed to mediate. all of the following apply— the farmer and the mortgagee agreed to mediate for the farm business debt about matters relating to the farmer’s default; 3 months, or a longer period agreed in writing by the mortgagee, has elapsed since the mortgagee gave a notice inviting a request for mediation to the farmer; during that period, the mortgagee has attempted to mediate in good faith; there has been no satisfactory mediation between the farmer and the mortgagee; the farm business debt is secured, in part, by a farm mortgage of farm property in another State and, under the corresponding law of that State— the mediation for the farm business debt considered matters relating to the farmer’s default under the farm mortgage of farm property in Queensland and was satisfactory; or the farmer has failed to, and does not intend to, mediate for the farm business debt about matters relating to the farmer’s default.\n(sec.49-ssec.2) For subsection (1) (c) (iii) , a mortgagee not agreeing to reduce or forgive a debt does not, of itself, mean the mortgagee has not attempted to mediate in good faith.\n- (a) the farmer and the mortgagee took part in mediation for the farm business debt conducted under this Act and the mediation— (i) considered matters relating to the farmer’s default; and (ii) was satisfactory; Note— See also section 92 about the application of this Act.\n- (i) considered matters relating to the farmer’s default; and\n- (ii) was satisfactory;\n- (b) the farmer has failed to, and does not intend to, mediate for the farm business debt about matters relating to the farmer’s default; Note— See section 53 for when a farmer has failed to mediate.\n- (c) all of the following apply— (i) the farmer and the mortgagee agreed to mediate for the farm business debt about matters relating to the farmer’s default; (ii) 3 months, or a longer period agreed in writing by the mortgagee, has elapsed since the mortgagee gave a notice inviting a request for mediation to the farmer; (iii) during that period, the mortgagee has attempted to mediate in good faith; (iv) there has been no satisfactory mediation between the farmer and the mortgagee;\n- (i) the farmer and the mortgagee agreed to mediate for the farm business debt about matters relating to the farmer’s default;\n- (ii) 3 months, or a longer period agreed in writing by the mortgagee, has elapsed since the mortgagee gave a notice inviting a request for mediation to the farmer;\n- (iii) during that period, the mortgagee has attempted to mediate in good faith;\n- (iv) there has been no satisfactory mediation between the farmer and the mortgagee;\n- (d) the farm business debt is secured, in part, by a farm mortgage of farm property in another State and, under the corresponding law of that State— (i) the mediation for the farm business debt considered matters relating to the farmer’s default under the farm mortgage of farm property in Queensland and was satisfactory; or (ii) the farmer has failed to, and does not intend to, mediate for the farm business debt about matters relating to the farmer’s default.\n- (i) the mediation for the farm business debt considered matters relating to the farmer’s default under the farm mortgage of farm property in Queensland and was satisfactory; or\n- (ii) the farmer has failed to, and does not intend to, mediate for the farm business debt about matters relating to the farmer’s default.\n- (i) considered matters relating to the farmer’s default; and\n- (ii) was satisfactory;\n- (i) the farmer and the mortgagee agreed to mediate for the farm business debt about matters relating to the farmer’s default;\n- (ii) 3 months, or a longer period agreed in writing by the mortgagee, has elapsed since the mortgagee gave a notice inviting a request for mediation to the farmer;\n- (iii) during that period, the mortgagee has attempted to mediate in good faith;\n- (iv) there has been no satisfactory mediation between the farmer and the mortgagee;\n- (i) the mediation for the farm business debt considered matters relating to the farmer’s default under the farm mortgage of farm property in Queensland and was satisfactory; or\n- (ii) the farmer has failed to, and does not intend to, mediate for the farm business debt about matters relating to the farmer’s default.","sortOrder":67},{"sectionNumber":"sec.50","sectionType":"section","heading":"Show cause notice","content":"### sec.50 Show cause notice\n\nThe authority must give a show cause notice to the farmer before deciding a mortgagee’s application for an exemption certificate.\nThe show cause notice must state the farmer may, within the show cause period, make written representations to the authority to show why an exemption certificate should not be issued.\nThe show cause period must end at least 20 business days after the farmer is given the show cause notice.\nThe show cause notice must be accompanied by a copy of the mortgagee’s application.\n(sec.50-ssec.1) The authority must give a show cause notice to the farmer before deciding a mortgagee’s application for an exemption certificate.\n(sec.50-ssec.2) The show cause notice must state the farmer may, within the show cause period, make written representations to the authority to show why an exemption certificate should not be issued.\n(sec.50-ssec.3) The show cause period must end at least 20 business days after the farmer is given the show cause notice.\n(sec.50-ssec.4) The show cause notice must be accompanied by a copy of the mortgagee’s application.","sortOrder":68},{"sectionNumber":"sec.51","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.51 Representations about show cause notice\n\nThe farmer may make written representations about the show cause notice to the authority during the show cause period.\nThe authority must give a copy of all representations made in accordance with the show cause notice to the mortgagee as soon as practicable after the representations are made.\n(sec.51-ssec.1) The farmer may make written representations about the show cause notice to the authority during the show cause period.\n(sec.51-ssec.2) The authority must give a copy of all representations made in accordance with the show cause notice to the mortgagee as soon as practicable after the representations are made.","sortOrder":69},{"sectionNumber":"sec.52","sectionType":"section","heading":"Deciding application","content":"### sec.52 Deciding application\n\nThe authority must—\nconsider the mortgagee’s application for an exemption certificate; and\nconsider all representations made in accordance with the show cause notice; and\ndecide to approve or refuse the application; and\nas soon as practicable after making the decision, give the farmer and the mortgagee a notice that states the decision.\nThe authority must decide to approve the application if the authority is satisfied—\nthe farmer is in default under the farm mortgage; and\nan enforcement action suspension certificate is not in force for the farm mortgage; and\nthere is a ground, relating to the farmer’s default, to issue the exemption certificate.\nIf a ground mentioned in section 49 (1) (a) or (d) exists, the authority may decide to issue an exemption certificate for the farm mortgage whether or not the mortgagee gave a notice inviting a request for mediation to the farmer.\nThe authority must decide to refuse the application if the authority is satisfied—\na heads of agreement is in force for the farm business debt; and\nthe cooling-off period for the heads of agreement has not ended.\nIf the authority decides to approve the application, the notice the authority gives the farmer under subsection (1) (d) must be an information notice for the decision.\nIf the authority decides to refuse the application, the notice the authority gives the mortgagee under subsection (1) (d) must be an information notice for the decision.\ns 52 amd 2024 No. 17 s 192 s ch 1 pt 1\n(sec.52-ssec.1) The authority must— consider the mortgagee’s application for an exemption certificate; and consider all representations made in accordance with the show cause notice; and decide to approve or refuse the application; and as soon as practicable after making the decision, give the farmer and the mortgagee a notice that states the decision.\n(sec.52-ssec.2) The authority must decide to approve the application if the authority is satisfied— the farmer is in default under the farm mortgage; and an enforcement action suspension certificate is not in force for the farm mortgage; and there is a ground, relating to the farmer’s default, to issue the exemption certificate.\n(sec.52-ssec.3) If a ground mentioned in section 49 (1) (a) or (d) exists, the authority may decide to issue an exemption certificate for the farm mortgage whether or not the mortgagee gave a notice inviting a request for mediation to the farmer.\n(sec.52-ssec.4) The authority must decide to refuse the application if the authority is satisfied— a heads of agreement is in force for the farm business debt; and the cooling-off period for the heads of agreement has not ended.\n(sec.52-ssec.5) If the authority decides to approve the application, the notice the authority gives the farmer under subsection (1) (d) must be an information notice for the decision.\n(sec.52-ssec.6) If the authority decides to refuse the application, the notice the authority gives the mortgagee under subsection (1) (d) must be an information notice for the decision.\n- (a) consider the mortgagee’s application for an exemption certificate; and\n- (b) consider all representations made in accordance with the show cause notice; and\n- (c) decide to approve or refuse the application; and\n- (d) as soon as practicable after making the decision, give the farmer and the mortgagee a notice that states the decision.\n- (a) the farmer is in default under the farm mortgage; and\n- (b) an enforcement action suspension certificate is not in force for the farm mortgage; and\n- (c) there is a ground, relating to the farmer’s default, to issue the exemption certificate.\n- (a) a heads of agreement is in force for the farm business debt; and\n- (b) the cooling-off period for the heads of agreement has not ended.","sortOrder":70},{"sectionNumber":"sec.53","sectionType":"section","heading":"When a farmer has failed to mediate","content":"### sec.53 When a farmer has failed to mediate\n\nThis section applies if the mortgagee gives a notice inviting a request for mediation to the farmer.\nFor section 49 , the farmer has failed to mediate, and is taken to not intend to mediate, in relation to the farm business debt if the farmer—\ndid not, within 20 business days after the notice was given, ask for mediation by giving a request for mediation notice to the mortgagee; or\nhas given a notice to the mortgagee or the authority stating the farmer declines mediation; or\nhas failed to take part in mediation in good faith or has unreasonably delayed the mediation; or\nhas not responded in writing to another notice from the mortgagee inviting the farmer to attend a mediation meeting within 20 business days after being given the notice.\nDespite subsection (2) (a) and (d) , the authority may be satisfied the farmer has not failed to, and intends to, mediate in relation to the farm business debt if the authority is satisfied the farmer—\ndid not, because of particular circumstances—\nask for mediation as mentioned in subsection (2) (a) ; or\nrespond to an invitation from the mortgagee as mentioned in subsection (2) (d) ; and\nhas asked, or intends to ask, for mediation by giving a request for mediation notice to the mortgagee within a period that is reasonable in the particular circumstances.\nIf the area in which the farm property is located experiences severe weather conditions such as flooding or a cyclone, the authority may consider it is reasonable for the farmer not to give a request for mediation notice to the mortgagee until after the weather has eased and the farmer has dealt with damage caused by the weather.\nA notice mentioned in subsection (2) (d) must state—\nthe notice is an invitation under this section; and\nthat the farmer’s failure to respond to the invitation in writing within 20 business days after the invitation is given may—\nbe taken as the farmer declining mediation; and\nbe a ground for the authority to issue an exemption certificate that would allow the mortgagee to take enforcement action under the farm mortgage.\ns 53 amd 2020 No. 3 s 90 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.53-ssec.1) This section applies if the mortgagee gives a notice inviting a request for mediation to the farmer.\n(sec.53-ssec.2) For section 49 , the farmer has failed to mediate, and is taken to not intend to mediate, in relation to the farm business debt if the farmer— did not, within 20 business days after the notice was given, ask for mediation by giving a request for mediation notice to the mortgagee; or has given a notice to the mortgagee or the authority stating the farmer declines mediation; or has failed to take part in mediation in good faith or has unreasonably delayed the mediation; or has not responded in writing to another notice from the mortgagee inviting the farmer to attend a mediation meeting within 20 business days after being given the notice.\n(sec.53-ssec.3) Despite subsection (2) (a) and (d) , the authority may be satisfied the farmer has not failed to, and intends to, mediate in relation to the farm business debt if the authority is satisfied the farmer— did not, because of particular circumstances— ask for mediation as mentioned in subsection (2) (a) ; or respond to an invitation from the mortgagee as mentioned in subsection (2) (d) ; and has asked, or intends to ask, for mediation by giving a request for mediation notice to the mortgagee within a period that is reasonable in the particular circumstances. If the area in which the farm property is located experiences severe weather conditions such as flooding or a cyclone, the authority may consider it is reasonable for the farmer not to give a request for mediation notice to the mortgagee until after the weather has eased and the farmer has dealt with damage caused by the weather.\n(sec.53-ssec.4) A notice mentioned in subsection (2) (d) must state— the notice is an invitation under this section; and that the farmer’s failure to respond to the invitation in writing within 20 business days after the invitation is given may— be taken as the farmer declining mediation; and be a ground for the authority to issue an exemption certificate that would allow the mortgagee to take enforcement action under the farm mortgage.\n- (a) did not, within 20 business days after the notice was given, ask for mediation by giving a request for mediation notice to the mortgagee; or\n- (b) has given a notice to the mortgagee or the authority stating the farmer declines mediation; or\n- (c) has failed to take part in mediation in good faith or has unreasonably delayed the mediation; or\n- (d) has not responded in writing to another notice from the mortgagee inviting the farmer to attend a mediation meeting within 20 business days after being given the notice.\n- (a) did not, because of particular circumstances— (i) ask for mediation as mentioned in subsection (2) (a) ; or (ii) respond to an invitation from the mortgagee as mentioned in subsection (2) (d) ; and\n- (i) ask for mediation as mentioned in subsection (2) (a) ; or\n- (ii) respond to an invitation from the mortgagee as mentioned in subsection (2) (d) ; and\n- (b) has asked, or intends to ask, for mediation by giving a request for mediation notice to the mortgagee within a period that is reasonable in the particular circumstances. Example— If the area in which the farm property is located experiences severe weather conditions such as flooding or a cyclone, the authority may consider it is reasonable for the farmer not to give a request for mediation notice to the mortgagee until after the weather has eased and the farmer has dealt with damage caused by the weather.\n- (i) ask for mediation as mentioned in subsection (2) (a) ; or\n- (ii) respond to an invitation from the mortgagee as mentioned in subsection (2) (d) ; and\n- (a) the notice is an invitation under this section; and\n- (b) that the farmer’s failure to respond to the invitation in writing within 20 business days after the invitation is given may— (i) be taken as the farmer declining mediation; and (ii) be a ground for the authority to issue an exemption certificate that would allow the mortgagee to take enforcement action under the farm mortgage.\n- (i) be taken as the farmer declining mediation; and\n- (ii) be a ground for the authority to issue an exemption certificate that would allow the mortgagee to take enforcement action under the farm mortgage.\n- (i) be taken as the farmer declining mediation; and\n- (ii) be a ground for the authority to issue an exemption certificate that would allow the mortgagee to take enforcement action under the farm mortgage.","sortOrder":71},{"sectionNumber":"sec.54","sectionType":"section","heading":"Failure to decide application","content":"### sec.54 Failure to decide application\n\nIf the authority fails to decide the mortgagee’s application for an exemption certificate by the required day, the authority is taken to have decided to refuse the application.\nThe required day is the day that is 20 business days after the end of the show cause period for the show cause notice the authority gave the farmer under section 50 .\nIf the application is taken to be refused under this section, the mortgagee is entitled to be given an information notice for the decision by the authority.\n(sec.54-ssec.1) If the authority fails to decide the mortgagee’s application for an exemption certificate by the required day, the authority is taken to have decided to refuse the application.\n(sec.54-ssec.2) The required day is the day that is 20 business days after the end of the show cause period for the show cause notice the authority gave the farmer under section 50 .\n(sec.54-ssec.3) If the application is taken to be refused under this section, the mortgagee is entitled to be given an information notice for the decision by the authority.","sortOrder":72},{"sectionNumber":"sec.55","sectionType":"section","heading":"Issuing certificate","content":"### sec.55 Issuing certificate\n\nIf the authority decides to approve a mortgagee’s application for an exemption certificate, the authority must issue the certificate, in the approved form, to the mortgagee.\nThe exemption certificate must—\nstate the name of the farmer and the mortgagee; and\nidentify the farm property; and\nstate—\nif the day on which the certificate ends can be worked out under section 56 (2) —the day on which the certificate ends; or\notherwise—that the certificate ends when the farm business debt has been discharged or is no longer secured by the farm mortgage.\nThe authority must give a copy of the certificate to the farmer.\nThe authority must comply with this section as soon as practicable after deciding to approve the mortgagee’s application.\n(sec.55-ssec.1) If the authority decides to approve a mortgagee’s application for an exemption certificate, the authority must issue the certificate, in the approved form, to the mortgagee.\n(sec.55-ssec.2) The exemption certificate must— state the name of the farmer and the mortgagee; and identify the farm property; and state— if the day on which the certificate ends can be worked out under section 56 (2) —the day on which the certificate ends; or otherwise—that the certificate ends when the farm business debt has been discharged or is no longer secured by the farm mortgage.\n(sec.55-ssec.3) The authority must give a copy of the certificate to the farmer.\n(sec.55-ssec.4) The authority must comply with this section as soon as practicable after deciding to approve the mortgagee’s application.\n- (a) state the name of the farmer and the mortgagee; and\n- (b) identify the farm property; and\n- (c) state— (i) if the day on which the certificate ends can be worked out under section 56 (2) —the day on which the certificate ends; or (ii) otherwise—that the certificate ends when the farm business debt has been discharged or is no longer secured by the farm mortgage.\n- (i) if the day on which the certificate ends can be worked out under section 56 (2) —the day on which the certificate ends; or\n- (ii) otherwise—that the certificate ends when the farm business debt has been discharged or is no longer secured by the farm mortgage.\n- (i) if the day on which the certificate ends can be worked out under section 56 (2) —the day on which the certificate ends; or\n- (ii) otherwise—that the certificate ends when the farm business debt has been discharged or is no longer secured by the farm mortgage.","sortOrder":73},{"sectionNumber":"sec.56","sectionType":"section","heading":"Duration","content":"### sec.56 Duration\n\nAn exemption certificate for a farm mortgage takes effect when the authority’s decision to approve the mortgagee’s application for the certificate takes effect under section 77 .\nAn exemption certificate for a farm mortgage ends on the earlier of the following days—\nif the parties entered into a heads of agreement and a contract, mortgage or other document to give effect to the heads of agreement—\nthe day the farm business debt is discharged; or\nthe day the farm business debt stops being secured by a farm mortgage over the farm property;\notherwise—the day stated in the certificate.\nFor subsection (2) (b) , the day stated must be the day that is 3 years after—\nif there was satisfactory mediation for the farm business debt—the last day of the mediation; or\nif the farmer failed to take part in the mediation in good faith—the last day of the mediation; or\nif the farmer gave a notice to the mortgagee or the authority stating the farmer declined mediation—the day the notice was given; or\nif the farmer failed to respond to a notice mentioned in section 53 (2) (d) —the day that is 20 business days after the notice was given; or\nif the mortgagee gave a notice inviting a request for mediation to the farmer and paragraphs (a) to (d) do not apply—the day that is 3 months after the notice was given; or\notherwise—the day the certificate was issued.\ns 56 amd 2024 No. 17 s 192 s ch 1 pt 1\n(sec.56-ssec.1) An exemption certificate for a farm mortgage takes effect when the authority’s decision to approve the mortgagee’s application for the certificate takes effect under section 77 .\n(sec.56-ssec.2) An exemption certificate for a farm mortgage ends on the earlier of the following days— if the parties entered into a heads of agreement and a contract, mortgage or other document to give effect to the heads of agreement— the day the farm business debt is discharged; or the day the farm business debt stops being secured by a farm mortgage over the farm property; otherwise—the day stated in the certificate.\n(sec.56-ssec.3) For subsection (2) (b) , the day stated must be the day that is 3 years after— if there was satisfactory mediation for the farm business debt—the last day of the mediation; or if the farmer failed to take part in the mediation in good faith—the last day of the mediation; or if the farmer gave a notice to the mortgagee or the authority stating the farmer declined mediation—the day the notice was given; or if the farmer failed to respond to a notice mentioned in section 53 (2) (d) —the day that is 20 business days after the notice was given; or if the mortgagee gave a notice inviting a request for mediation to the farmer and paragraphs (a) to (d) do not apply—the day that is 3 months after the notice was given; or otherwise—the day the certificate was issued.\n- (a) if the parties entered into a heads of agreement and a contract, mortgage or other document to give effect to the heads of agreement— (i) the day the farm business debt is discharged; or (ii) the day the farm business debt stops being secured by a farm mortgage over the farm property;\n- (i) the day the farm business debt is discharged; or\n- (ii) the day the farm business debt stops being secured by a farm mortgage over the farm property;\n- (b) otherwise—the day stated in the certificate.\n- (i) the day the farm business debt is discharged; or\n- (ii) the day the farm business debt stops being secured by a farm mortgage over the farm property;\n- (a) if there was satisfactory mediation for the farm business debt—the last day of the mediation; or\n- (b) if the farmer failed to take part in the mediation in good faith—the last day of the mediation; or\n- (c) if the farmer gave a notice to the mortgagee or the authority stating the farmer declined mediation—the day the notice was given; or\n- (d) if the farmer failed to respond to a notice mentioned in section 53 (2) (d) —the day that is 20 business days after the notice was given; or\n- (e) if the mortgagee gave a notice inviting a request for mediation to the farmer and paragraphs (a) to (d) do not apply—the day that is 3 months after the notice was given; or\n- (f) otherwise—the day the certificate was issued.","sortOrder":74},{"sectionNumber":"sec.57","sectionType":"section","heading":"Effect of exemption certificate ending","content":"### sec.57 Effect of exemption certificate ending\n\nThe ending of an exemption certificate does not affect the following proceedings in a court or tribunal started or taken by the mortgagee while the certificate was in force—\nproceedings to recover the farm business debt;\nproceedings to exercise or enforce a right under the farm mortgage.\nA reference in subsection (1) to proceedings started does not include a reference to—\ngiving a statutory enforcement notice; or\ntaking any other action that must be taken by the mortgagee before a right under the farm mortgage can be exercised or enforced.\n(sec.57-ssec.1) The ending of an exemption certificate does not affect the following proceedings in a court or tribunal started or taken by the mortgagee while the certificate was in force— proceedings to recover the farm business debt; proceedings to exercise or enforce a right under the farm mortgage.\n(sec.57-ssec.2) A reference in subsection (1) to proceedings started does not include a reference to— giving a statutory enforcement notice; or taking any other action that must be taken by the mortgagee before a right under the farm mortgage can be exercised or enforced.\n- (a) proceedings to recover the farm business debt;\n- (b) proceedings to exercise or enforce a right under the farm mortgage.\n- (a) giving a statutory enforcement notice; or\n- (b) taking any other action that must be taken by the mortgagee before a right under the farm mortgage can be exercised or enforced.","sortOrder":75},{"sectionNumber":"pt.5","sectionType":"part","heading":"Mediators","content":"# Mediators","sortOrder":76},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Accreditation","content":"## Accreditation","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":"Applying for accreditation","content":"### sec.58 Applying for accreditation\n\nAn individual may apply to the authority to be accredited as a mediator.\nThe application must be—\nin the approved form; and\naccompanied by the fee prescribed by regulation.\n(sec.58-ssec.1) An individual may apply to the authority to be accredited as a mediator.\n(sec.58-ssec.2) The application must be— in the approved form; and accompanied by the fee prescribed by regulation.\n- (a) in the approved form; and\n- (b) accompanied by the fee prescribed by regulation.","sortOrder":78},{"sectionNumber":"sec.59","sectionType":"section","heading":"Inquiring about application","content":"### sec.59 Inquiring about application\n\nBefore deciding the application, the authority—\nmust consult with—\nat least 1 organisation that represents the interests of Queensland farmers; and\nat least 1 organisation that represents the interests of banks or other entities that provide finance to Queensland farmers; and\nmay make inquiries to decide whether the applicant is a suitable person to be accredited as a mediator; and\nmay, by a notice to the applicant, require the applicant to give the authority more information or a document the authority reasonably requires to decide the application within a reasonable period of at least 20 business days stated in the notice.\nThe authority must give any notice under subsection (1) (c) to the applicant as soon as practicable after the authority receives the application.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the notice within the stated period.\nThe applicant must verify the information or document by statutory declaration if the notice requires.\n(sec.59-ssec.1) Before deciding the application, the authority— must consult with— at least 1 organisation that represents the interests of Queensland farmers; and at least 1 organisation that represents the interests of banks or other entities that provide finance to Queensland farmers; and may make inquiries to decide whether the applicant is a suitable person to be accredited as a mediator; and may, by a notice to the applicant, require the applicant to give the authority more information or a document the authority reasonably requires to decide the application within a reasonable period of at least 20 business days stated in the notice.\n(sec.59-ssec.2) The authority must give any notice under subsection (1) (c) to the applicant as soon as practicable after the authority receives the application.\n(sec.59-ssec.3) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice within the stated period.\n(sec.59-ssec.4) The applicant must verify the information or document by statutory declaration if the notice requires.\n- (a) must consult with— (i) at least 1 organisation that represents the interests of Queensland farmers; and (ii) at least 1 organisation that represents the interests of banks or other entities that provide finance to Queensland farmers; and\n- (i) at least 1 organisation that represents the interests of Queensland farmers; and\n- (ii) at least 1 organisation that represents the interests of banks or other entities that provide finance to Queensland farmers; and\n- (b) may make inquiries to decide whether the applicant is a suitable person to be accredited as a mediator; and\n- (c) may, by a notice to the applicant, require the applicant to give the authority more information or a document the authority reasonably requires to decide the application within a reasonable period of at least 20 business days stated in the notice.\n- (i) at least 1 organisation that represents the interests of Queensland farmers; and\n- (ii) at least 1 organisation that represents the interests of banks or other entities that provide finance to Queensland farmers; and","sortOrder":79},{"sectionNumber":"sec.60","sectionType":"section","heading":"Appropriately qualified and suitable person","content":"### sec.60 Appropriately qualified and suitable person\n\nWhen deciding whether the applicant is appropriately qualified to perform the functions of a mediator, the authority must consider—\nwhether the applicant is an accredited mediator under an accreditation Act or the national mediator accreditation system; and\nthe applicant’s knowledge about, and experience in, primary industries, business finance and financial management.\nWhen deciding whether the applicant is a suitable person to be accredited as a mediator, the authority may consider—\nwhether the applicant—\nhas been refused accreditation as a mediator under this Act, an accreditation Act or the national mediator accreditation system; and\nhas held accreditation as a mediator that was suspended or cancelled under this Act, an accreditation Act or the national mediator accreditation system; and\nhas a conviction, other than a spent conviction, for an offence that is relevant to the functions of a mediator; and\nany other matter the authority considers relevant to the applicant’s ability to perform the functions of a mediator.\nThe applicant is not a suitable person to be accredited as a mediator if the applicant is—\nan insolvent under administration; or\nan officer of a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 .\ns 60 amd 2020 No. 3 s 91 ; 2023 No. 23 s 247 sch 1 s 2 (2)\n(sec.60-ssec.1) When deciding whether the applicant is appropriately qualified to perform the functions of a mediator, the authority must consider— whether the applicant is an accredited mediator under an accreditation Act or the national mediator accreditation system; and the applicant’s knowledge about, and experience in, primary industries, business finance and financial management.\n(sec.60-ssec.2) When deciding whether the applicant is a suitable person to be accredited as a mediator, the authority may consider— whether the applicant— has been refused accreditation as a mediator under this Act, an accreditation Act or the national mediator accreditation system; and has held accreditation as a mediator that was suspended or cancelled under this Act, an accreditation Act or the national mediator accreditation system; and has a conviction, other than a spent conviction, for an offence that is relevant to the functions of a mediator; and any other matter the authority considers relevant to the applicant’s ability to perform the functions of a mediator.\n(sec.60-ssec.3) The applicant is not a suitable person to be accredited as a mediator if the applicant is— an insolvent under administration; or an officer of a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 .\n- (a) whether the applicant is an accredited mediator under an accreditation Act or the national mediator accreditation system; and\n- (b) the applicant’s knowledge about, and experience in, primary industries, business finance and financial management.\n- (a) whether the applicant— (i) has been refused accreditation as a mediator under this Act, an accreditation Act or the national mediator accreditation system; and (ii) has held accreditation as a mediator that was suspended or cancelled under this Act, an accreditation Act or the national mediator accreditation system; and (iii) has a conviction, other than a spent conviction, for an offence that is relevant to the functions of a mediator; and\n- (i) has been refused accreditation as a mediator under this Act, an accreditation Act or the national mediator accreditation system; and\n- (ii) has held accreditation as a mediator that was suspended or cancelled under this Act, an accreditation Act or the national mediator accreditation system; and\n- (iii) has a conviction, other than a spent conviction, for an offence that is relevant to the functions of a mediator; and\n- (b) any other matter the authority considers relevant to the applicant’s ability to perform the functions of a mediator.\n- (i) has been refused accreditation as a mediator under this Act, an accreditation Act or the national mediator accreditation system; and\n- (ii) has held accreditation as a mediator that was suspended or cancelled under this Act, an accreditation Act or the national mediator accreditation system; and\n- (iii) has a conviction, other than a spent conviction, for an offence that is relevant to the functions of a mediator; and\n- (a) an insolvent under administration; or\n- (b) an officer of a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 .","sortOrder":80},{"sectionNumber":"sec.61","sectionType":"section","heading":"Deciding application","content":"### sec.61 Deciding application\n\nThe authority must consider the application and decide to approve or refuse the application.\nThe authority may approve the application only if the authority is satisfied the applicant is—\nappropriately qualified to perform the functions of a mediator; and\na suitable person to be accredited as a mediator.\nIf the authority decides to approve the application, the authority must issue the applicant with an accreditation document that states—\nthe applicant is accredited as a mediator under this Act; and\nthe term of the applicant’s accreditation.\nIf the authority decides to refuse the application, the authority must give an information notice for the decision to the applicant.\n(sec.61-ssec.1) The authority must consider the application and decide to approve or refuse the application.\n(sec.61-ssec.2) The authority may approve the application only if the authority is satisfied the applicant is— appropriately qualified to perform the functions of a mediator; and a suitable person to be accredited as a mediator.\n(sec.61-ssec.3) If the authority decides to approve the application, the authority must issue the applicant with an accreditation document that states— the applicant is accredited as a mediator under this Act; and the term of the applicant’s accreditation.\n(sec.61-ssec.4) If the authority decides to refuse the application, the authority must give an information notice for the decision to the applicant.\n- (a) appropriately qualified to perform the functions of a mediator; and\n- (b) a suitable person to be accredited as a mediator.\n- (a) the applicant is accredited as a mediator under this Act; and\n- (b) the term of the applicant’s accreditation.","sortOrder":81},{"sectionNumber":"sec.62","sectionType":"section","heading":"Failure to decide application","content":"### sec.62 Failure to decide application\n\nIf the authority fails to decide the application by the required day, the authority is taken to have decided to refuse the application.\nThe required day is the day that is 20 business days after the authority receives—\nif the authority gave a notice requiring more information or a document under section 59 (1) (c) to the applicant—the information or document; or\notherwise—the application.\nIf the application is taken to be refused under this section, the applicant is entitled to be given an information notice for the decision by the authority.\n(sec.62-ssec.1) If the authority fails to decide the application by the required day, the authority is taken to have decided to refuse the application.\n(sec.62-ssec.2) The required day is the day that is 20 business days after the authority receives— if the authority gave a notice requiring more information or a document under section 59 (1) (c) to the applicant—the information or document; or otherwise—the application.\n(sec.62-ssec.3) If the application is taken to be refused under this section, the applicant is entitled to be given an information notice for the decision by the authority.\n- (a) if the authority gave a notice requiring more information or a document under section 59 (1) (c) to the applicant—the information or document; or\n- (b) otherwise—the application.","sortOrder":82},{"sectionNumber":"sec.63","sectionType":"section","heading":"Term of accreditation","content":"### sec.63 Term of accreditation\n\nA person’s accreditation remains in force until—\nthe term, of not more than 2 years decided by the authority, stated in the person’s accreditation document ends; or\nthe person gives a notice that states the person intends to stop being an accredited mediator to the authority; or\nthe accreditation is suspended or cancelled.\n- (a) the term, of not more than 2 years decided by the authority, stated in the person’s accreditation document ends; or\n- (b) the person gives a notice that states the person intends to stop being an accredited mediator to the authority; or\n- (c) the accreditation is suspended or cancelled.","sortOrder":83},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Renewing accreditation","content":"## Renewing accreditation","sortOrder":84},{"sectionNumber":"sec.64","sectionType":"section","heading":"Applying for renewal","content":"### sec.64 Applying for renewal\n\nA person accredited as a mediator may apply to the authority to renew the person’s accreditation.\nThe application must be—\nmade within 40 business days before the term of the accreditation ends; and\nmade in the approved form; and\naccompanied by the fee prescribed by regulation.\n(sec.64-ssec.1) A person accredited as a mediator may apply to the authority to renew the person’s accreditation.\n(sec.64-ssec.2) The application must be— made within 40 business days before the term of the accreditation ends; and made in the approved form; and accompanied by the fee prescribed by regulation.\n- (a) made within 40 business days before the term of the accreditation ends; and\n- (b) made in the approved form; and\n- (c) accompanied by the fee prescribed by regulation.","sortOrder":85},{"sectionNumber":"sec.65","sectionType":"section","heading":"Inquiring about renewal application","content":"### sec.65 Inquiring about renewal application\n\nBefore deciding the application, the authority may, by notice to the applicant, require the applicant to give the authority more information or a document the authority reasonably requires to decide the application within a reasonable period of at least 20 business days stated in the notice.\nThe authority must give any notice to the applicant as soon as practicable after the authority receives the application.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the notice within the stated period.\nThe applicant must verify the information or document by statutory declaration if the notice requires.\n(sec.65-ssec.1) Before deciding the application, the authority may, by notice to the applicant, require the applicant to give the authority more information or a document the authority reasonably requires to decide the application within a reasonable period of at least 20 business days stated in the notice.\n(sec.65-ssec.2) The authority must give any notice to the applicant as soon as practicable after the authority receives the application.\n(sec.65-ssec.3) The applicant is taken to have withdrawn the application if the applicant does not comply with the notice within the stated period.\n(sec.65-ssec.4) The applicant must verify the information or document by statutory declaration if the notice requires.","sortOrder":86},{"sectionNumber":"sec.66","sectionType":"section","heading":"Deciding renewal application","content":"### sec.66 Deciding renewal application\n\nThe authority must consider the application and decide to approve or refuse the application.\nWhen deciding the application, the authority may consider the matters the authority may consider when deciding whether a person applying for accreditation is—\nappropriately qualified to perform the functions of a mediator; and\na suitable person to be accredited as a mediator.\nIf the authority decides to approve the application, the authority must issue the applicant with an accreditation document that states—\nthe applicant is accredited as a mediator under this Act; and\nthe term of the applicant’s accreditation.\nIf the authority decides to refuse the application, the authority must give an information notice for the decision to the applicant.\n(sec.66-ssec.1) The authority must consider the application and decide to approve or refuse the application.\n(sec.66-ssec.2) When deciding the application, the authority may consider the matters the authority may consider when deciding whether a person applying for accreditation is— appropriately qualified to perform the functions of a mediator; and a suitable person to be accredited as a mediator.\n(sec.66-ssec.3) If the authority decides to approve the application, the authority must issue the applicant with an accreditation document that states— the applicant is accredited as a mediator under this Act; and the term of the applicant’s accreditation.\n(sec.66-ssec.4) If the authority decides to refuse the application, the authority must give an information notice for the decision to the applicant.\n- (a) appropriately qualified to perform the functions of a mediator; and\n- (b) a suitable person to be accredited as a mediator.\n- (a) the applicant is accredited as a mediator under this Act; and\n- (b) the term of the applicant’s accreditation.","sortOrder":87},{"sectionNumber":"sec.67","sectionType":"section","heading":"Failure to decide renewal application","content":"### sec.67 Failure to decide renewal application\n\nIf the authority fails to decide the application by the required day, the authority is taken to have decided to refuse the application.\nThe required day is the day that is 20 business days after the authority receives—\nif the authority gave a notice requiring more information or a document under section 65 (1) to the applicant—the information or document; or\notherwise—the application.\nIf the application is taken to be refused under this section, the applicant is entitled to be given an information notice for the decision by the authority.\n(sec.67-ssec.1) If the authority fails to decide the application by the required day, the authority is taken to have decided to refuse the application.\n(sec.67-ssec.2) The required day is the day that is 20 business days after the authority receives— if the authority gave a notice requiring more information or a document under section 65 (1) to the applicant—the information or document; or otherwise—the application.\n(sec.67-ssec.3) If the application is taken to be refused under this section, the applicant is entitled to be given an information notice for the decision by the authority.\n- (a) if the authority gave a notice requiring more information or a document under section 65 (1) to the applicant—the information or document; or\n- (b) otherwise—the application.","sortOrder":88},{"sectionNumber":"sec.68","sectionType":"section","heading":"Accreditation continues until decision about renewal","content":"### sec.68 Accreditation continues until decision about renewal\n\nIf a mediator applies to renew the mediator’s accreditation within 40 business days before the term of the mediator’s accreditation ends, the accreditation continues until the application is—\ndecided or taken to have been decided; or\nwithdrawn, or taken to have been withdrawn, by the applicant.\nHowever, if the authority decides to refuse the application, or is taken to refuse the application, the accreditation continues until the authority gives an information notice for the decision to the applicant.\n(sec.68-ssec.1) If a mediator applies to renew the mediator’s accreditation within 40 business days before the term of the mediator’s accreditation ends, the accreditation continues until the application is— decided or taken to have been decided; or withdrawn, or taken to have been withdrawn, by the applicant.\n(sec.68-ssec.2) However, if the authority decides to refuse the application, or is taken to refuse the application, the accreditation continues until the authority gives an information notice for the decision to the applicant.\n- (a) decided or taken to have been decided; or\n- (b) withdrawn, or taken to have been withdrawn, by the applicant.","sortOrder":89},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Suspending and cancelling accreditation","content":"## Suspending and cancelling accreditation","sortOrder":90},{"sectionNumber":"sec.69","sectionType":"section","heading":"Application of division","content":"### sec.69 Application of division\n\nThis division applies in relation to a person who is accredited as a mediator under this Act or a corresponding law.\nIf a person is accredited as a mediator under a corresponding law, a reference in this division to the person’s accreditation is a reference to the person’s accreditation under the corresponding law to the extent the accreditation is recognised under this Act.\nThe term mediator is defined in schedule 1 to mean a person who is accredited as a mediator under a corresponding law as well as a person who is accredited as a mediator under this part.\n(sec.69-ssec.1) This division applies in relation to a person who is accredited as a mediator under this Act or a corresponding law.\n(sec.69-ssec.2) If a person is accredited as a mediator under a corresponding law, a reference in this division to the person’s accreditation is a reference to the person’s accreditation under the corresponding law to the extent the accreditation is recognised under this Act. The term mediator is defined in schedule 1 to mean a person who is accredited as a mediator under a corresponding law as well as a person who is accredited as a mediator under this part.","sortOrder":91},{"sectionNumber":"sec.70","sectionType":"section","heading":"Grounds","content":"### sec.70 Grounds\n\nEach of the following is a ground for suspending or cancelling a person’s accreditation as a mediator—\nthe person contravened a provision of this Act relating to the functions of a mediator;\nthe person contravened the mediation guidelines;\nthe accreditation was obtained by a mistake or by materially incorrect or misleading information or documents;\nthe authority becomes aware the person has been refused accreditation as a mediator under this Act, an accreditation Act or the national mediator accreditation system;\nthe authority becomes aware the person has held an accreditation as a mediator that was suspended or cancelled under this Act, an accreditation Act or the national mediator accreditation system;\nthe person has committed an offence that is relevant to the functions of a mediator;\nthe person is not or is no longer a suitable person to be accredited as a mediator.\nFor subsection (1) (g) , the authority may consider the matters the authority may consider when deciding whether the person is a suitable person to be accredited as a mediator.\nSee section 60 (2) and (3) for the matters the authority must consider when deciding whether a person is a suitable person to be accredited as a mediator.\n(sec.70-ssec.1) Each of the following is a ground for suspending or cancelling a person’s accreditation as a mediator— the person contravened a provision of this Act relating to the functions of a mediator; the person contravened the mediation guidelines; the accreditation was obtained by a mistake or by materially incorrect or misleading information or documents; the authority becomes aware the person has been refused accreditation as a mediator under this Act, an accreditation Act or the national mediator accreditation system; the authority becomes aware the person has held an accreditation as a mediator that was suspended or cancelled under this Act, an accreditation Act or the national mediator accreditation system; the person has committed an offence that is relevant to the functions of a mediator; the person is not or is no longer a suitable person to be accredited as a mediator.\n(sec.70-ssec.2) For subsection (1) (g) , the authority may consider the matters the authority may consider when deciding whether the person is a suitable person to be accredited as a mediator. See section 60 (2) and (3) for the matters the authority must consider when deciding whether a person is a suitable person to be accredited as a mediator.\n- (a) the person contravened a provision of this Act relating to the functions of a mediator;\n- (b) the person contravened the mediation guidelines;\n- (c) the accreditation was obtained by a mistake or by materially incorrect or misleading information or documents;\n- (d) the authority becomes aware the person has been refused accreditation as a mediator under this Act, an accreditation Act or the national mediator accreditation system;\n- (e) the authority becomes aware the person has held an accreditation as a mediator that was suspended or cancelled under this Act, an accreditation Act or the national mediator accreditation system;\n- (f) the person has committed an offence that is relevant to the functions of a mediator;\n- (g) the person is not or is no longer a suitable person to be accredited as a mediator.","sortOrder":92},{"sectionNumber":"sec.71","sectionType":"section","heading":"Show cause notice","content":"### sec.71 Show cause notice\n\nIf the authority believes a ground exists to suspend or cancel a person’s accreditation (the proposed action ), the authority must give a show cause notice to the person.\nThe show cause notice must state—\nthe proposed action; and\nthe ground for the proposed action; and\nan outline of the facts and circumstances forming the basis for the ground; and\nif the proposed action is to suspend the accreditation—the proposed suspension period; and\nthat the person may, within the show cause period, make written representations to the authority to show why the proposed action should not be taken.\nThe show cause period must end at least 20 business days after the show cause notice is given to the person.\n(sec.71-ssec.1) If the authority believes a ground exists to suspend or cancel a person’s accreditation (the proposed action ), the authority must give a show cause notice to the person.\n(sec.71-ssec.2) The show cause notice must state— the proposed action; and the ground for the proposed action; and an outline of the facts and circumstances forming the basis for the ground; and if the proposed action is to suspend the accreditation—the proposed suspension period; and that the person may, within the show cause period, make written representations to the authority to show why the proposed action should not be taken.\n(sec.71-ssec.3) The show cause period must end at least 20 business days after the show cause notice is given to the person.\n- (a) the proposed action; and\n- (b) the ground for the proposed action; and\n- (c) an outline of the facts and circumstances forming the basis for the ground; and\n- (d) if the proposed action is to suspend the accreditation—the proposed suspension period; and\n- (e) that the person may, within the show cause period, make written representations to the authority to show why the proposed action should not be taken.","sortOrder":93},{"sectionNumber":"sec.72","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.72 Representations about show cause notice\n\nThe person may make written representations about the show cause notice to the authority within the show cause period.\nThe authority must consider all representations made to the authority within the show cause period.\n(sec.72-ssec.1) The person may make written representations about the show cause notice to the authority within the show cause period.\n(sec.72-ssec.2) The authority must consider all representations made to the authority within the show cause period.","sortOrder":94},{"sectionNumber":"sec.73","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.73 Ending show cause process without further action\n\nIf, after considering the representations made in accordance with the show cause notice, the authority no longer believes a ground exists to suspend or cancel the person’s accreditation, the authority must—\ntake no further action about the show cause notice; and\ngive a notice that no further action is to be taken about the show cause notice to the mediator.\n- (a) take no further action about the show cause notice; and\n- (b) give a notice that no further action is to be taken about the show cause notice to the mediator.","sortOrder":95},{"sectionNumber":"sec.74","sectionType":"section","heading":"Suspending or cancelling accreditation","content":"### sec.74 Suspending or cancelling accreditation\n\nThis section applies if, after considering any representations made in accordance with the show cause notice, the authority—\nbelieves a ground exists to suspend or cancel the person’s accreditation as a mediator; and\nbelieves suspension or cancellation is warranted.\nThe authority may—\nif the proposed action was to suspend the accreditation for a stated period—suspend the accreditation for no longer than the stated period; or\nif the proposed action was to cancel the accreditation—suspend the accreditation for a period or cancel the accreditation.\nIf the authority decides to act under subsection (2) , the authority must give an information notice for the decision to the person as soon as is practicable.\nThe decision takes effect on—\nthe day the information notice is given to the person; or\na later day stated in the information notice for that purpose.\n(sec.74-ssec.1) This section applies if, after considering any representations made in accordance with the show cause notice, the authority— believes a ground exists to suspend or cancel the person’s accreditation as a mediator; and believes suspension or cancellation is warranted.\n(sec.74-ssec.2) The authority may— if the proposed action was to suspend the accreditation for a stated period—suspend the accreditation for no longer than the stated period; or if the proposed action was to cancel the accreditation—suspend the accreditation for a period or cancel the accreditation.\n(sec.74-ssec.3) If the authority decides to act under subsection (2) , the authority must give an information notice for the decision to the person as soon as is practicable.\n(sec.74-ssec.4) The decision takes effect on— the day the information notice is given to the person; or a later day stated in the information notice for that purpose.\n- (a) believes a ground exists to suspend or cancel the person’s accreditation as a mediator; and\n- (b) believes suspension or cancellation is warranted.\n- (a) if the proposed action was to suspend the accreditation for a stated period—suspend the accreditation for no longer than the stated period; or\n- (b) if the proposed action was to cancel the accreditation—suspend the accreditation for a period or cancel the accreditation.\n- (a) the day the information notice is given to the person; or\n- (b) a later day stated in the information notice for that purpose.","sortOrder":96},{"sectionNumber":"sec.75","sectionType":"section","heading":"Immediate suspension of accreditation","content":"### sec.75 Immediate suspension of accreditation\n\nThis section applies if the authority believes—\na ground exists to suspend a person’s accreditation; and\nit is necessary to suspend the accreditation immediately because there is an immediate and serious risk that the person will compromise the success of a mediation conducted by the person because, for example—\nthe mediator has shown partiality to 1 party over another in a mediation, or to farmers or mortgagees in mediations generally; or\nthe mediator has engaged in conduct that is not a function of a mediator under section 20 (3) .\nThe authority may suspend the person’s accreditation immediately by giving the person—\na show cause notice; and\nan information notice for the decision to suspend the accreditation immediately.\nThe suspension—\noperates when the notices are given to the person; and\ncontinues to operate until the earliest of the following—\nthe authority cancels the suspension;\nthe show cause notice is finally dealt with;\n30 business days after the notices are given to the person.\n(sec.75-ssec.1) This section applies if the authority believes— a ground exists to suspend a person’s accreditation; and it is necessary to suspend the accreditation immediately because there is an immediate and serious risk that the person will compromise the success of a mediation conducted by the person because, for example— the mediator has shown partiality to 1 party over another in a mediation, or to farmers or mortgagees in mediations generally; or the mediator has engaged in conduct that is not a function of a mediator under section 20 (3) .\n(sec.75-ssec.2) The authority may suspend the person’s accreditation immediately by giving the person— a show cause notice; and an information notice for the decision to suspend the accreditation immediately.\n(sec.75-ssec.3) The suspension— operates when the notices are given to the person; and continues to operate until the earliest of the following— the authority cancels the suspension; the show cause notice is finally dealt with; 30 business days after the notices are given to the person.\n- (a) a ground exists to suspend a person’s accreditation; and\n- (b) it is necessary to suspend the accreditation immediately because there is an immediate and serious risk that the person will compromise the success of a mediation conducted by the person because, for example— (i) the mediator has shown partiality to 1 party over another in a mediation, or to farmers or mortgagees in mediations generally; or (ii) the mediator has engaged in conduct that is not a function of a mediator under section 20 (3) .\n- (i) the mediator has shown partiality to 1 party over another in a mediation, or to farmers or mortgagees in mediations generally; or\n- (ii) the mediator has engaged in conduct that is not a function of a mediator under section 20 (3) .\n- (i) the mediator has shown partiality to 1 party over another in a mediation, or to farmers or mortgagees in mediations generally; or\n- (ii) the mediator has engaged in conduct that is not a function of a mediator under section 20 (3) .\n- (a) a show cause notice; and\n- (b) an information notice for the decision to suspend the accreditation immediately.\n- (a) operates when the notices are given to the person; and\n- (b) continues to operate until the earliest of the following— (i) the authority cancels the suspension; (ii) the show cause notice is finally dealt with; (iii) 30 business days after the notices are given to the person.\n- (i) the authority cancels the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 30 business days after the notices are given to the person.\n- (i) the authority cancels the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 30 business days after the notices are given to the person.","sortOrder":97},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Register of mediators","content":"## Register of mediators","sortOrder":98},{"sectionNumber":"sec.76","sectionType":"section","heading":"Register of mediators","content":"### sec.76 Register of mediators\n\nThe authority must keep a register of mediators.\nThe register must contain the following particulars for each mediator—\nthe mediator’s name and contact details;\na summary of the mediator’s qualifications and experience;\nthe term of the mediator’s accreditation;\nif the mediator is accredited under a corresponding law—the State in which the mediator is accredited;\nif the mediator’s accreditation is suspended or cancelled under this Act or a corresponding law—details of the suspension or cancellation.\nThe register may be kept in the form, including electronic form, the authority considers appropriate.\nThe authority may publish information from the register on the authority’s website.\n(sec.76-ssec.1) The authority must keep a register of mediators.\n(sec.76-ssec.2) The register must contain the following particulars for each mediator— the mediator’s name and contact details; a summary of the mediator’s qualifications and experience; the term of the mediator’s accreditation; if the mediator is accredited under a corresponding law—the State in which the mediator is accredited; if the mediator’s accreditation is suspended or cancelled under this Act or a corresponding law—details of the suspension or cancellation.\n(sec.76-ssec.3) The register may be kept in the form, including electronic form, the authority considers appropriate.\n(sec.76-ssec.4) The authority may publish information from the register on the authority’s website.\n- (a) the mediator’s name and contact details;\n- (b) a summary of the mediator’s qualifications and experience;\n- (c) the term of the mediator’s accreditation;\n- (d) if the mediator is accredited under a corresponding law—the State in which the mediator is accredited;\n- (e) if the mediator’s accreditation is suspended or cancelled under this Act or a corresponding law—details of the suspension or cancellation.","sortOrder":99},{"sectionNumber":"pt.6","sectionType":"part","heading":"Reviewing decisions","content":"# Reviewing decisions","sortOrder":100},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Effect of original decision","content":"## Effect of original decision","sortOrder":101},{"sectionNumber":"sec.77","sectionType":"section","heading":"When original decision takes effect","content":"### sec.77 When original decision takes effect\n\nThis section applies to—\nan original decision to refuse an application for an enforcement action suspension certificate; and\nan original decision to issue an exemption certificate.\nThe original decision does not take effect until—\nif an application for an internal review of the original decision is made—the chief executive officer decides the application; or\notherwise—the end of the last day to apply for an internal review of the decision.\n(sec.77-ssec.1) This section applies to— an original decision to refuse an application for an enforcement action suspension certificate; and an original decision to issue an exemption certificate.\n(sec.77-ssec.2) The original decision does not take effect until— if an application for an internal review of the original decision is made—the chief executive officer decides the application; or otherwise—the end of the last day to apply for an internal review of the decision.\n- (a) an original decision to refuse an application for an enforcement action suspension certificate; and\n- (b) an original decision to issue an exemption certificate.\n- (a) if an application for an internal review of the original decision is made—the chief executive officer decides the application; or\n- (b) otherwise—the end of the last day to apply for an internal review of the decision.","sortOrder":102},{"sectionNumber":"sec.78","sectionType":"section","heading":"QCAT may stay operation of original decision","content":"### sec.78 QCAT may stay operation of original decision\n\nThis section applies to an original decision that is an accreditation decision.\nA person who has a right of review for an original decision may apply, as provided under the QCAT Act , to QCAT for a stay of the operation of the original decision.\nQCAT may, by order, stay the operation of the original decision to secure the effectiveness of an internal review of the decision and any later application for review of the decision by QCAT.\nQCAT may stay the operation of the original decision on conditions QCAT considers appropriate.\nThe stay operates for the period decided by QCAT.\nHowever, the period must not extend past the last day to apply for an external review of a decision on an internal review of the original decision.\n(sec.78-ssec.1) This section applies to an original decision that is an accreditation decision.\n(sec.78-ssec.2) A person who has a right of review for an original decision may apply, as provided under the QCAT Act , to QCAT for a stay of the operation of the original decision.\n(sec.78-ssec.3) QCAT may, by order, stay the operation of the original decision to secure the effectiveness of an internal review of the decision and any later application for review of the decision by QCAT.\n(sec.78-ssec.4) QCAT may stay the operation of the original decision on conditions QCAT considers appropriate.\n(sec.78-ssec.5) The stay operates for the period decided by QCAT.\n(sec.78-ssec.6) However, the period must not extend past the last day to apply for an external review of a decision on an internal review of the original decision.","sortOrder":103},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Internal review","content":"## Internal review","sortOrder":104},{"sectionNumber":"sec.80","sectionType":"section","heading":"Applying for internal review of original decision","content":"### sec.80 Applying for internal review of original decision\n\nA person who must be given an information notice for an original decision may apply to the chief executive officer for a review (an internal review ) of the decision.\nThe person must apply, in the approved form, to the chief executive officer within 20 business days after—\nthe day the person is given the information notice for the decision; or\nif the person is not given an information notice for the decision—the day the person becomes aware of the decision.\nThe chief executive officer may, at any time, extend the period within which the application may be made.\nThe making of the application in relation to an original decision to which section 77 does not apply does not—\naffect the operation of the original decision; or\nprevent the original decision being implemented.\nDivision 1 provides for a stay of the operation of original decisions, either automatically or by application to QCAT.\n(sec.80-ssec.1) A person who must be given an information notice for an original decision may apply to the chief executive officer for a review (an internal review ) of the decision.\n(sec.80-ssec.2) The person must apply, in the approved form, to the chief executive officer within 20 business days after— the day the person is given the information notice for the decision; or if the person is not given an information notice for the decision—the day the person becomes aware of the decision.\n(sec.80-ssec.3) The chief executive officer may, at any time, extend the period within which the application may be made.\n(sec.80-ssec.4) The making of the application in relation to an original decision to which section 77 does not apply does not— affect the operation of the original decision; or prevent the original decision being implemented. Division 1 provides for a stay of the operation of original decisions, either automatically or by application to QCAT.\n- (a) the day the person is given the information notice for the decision; or\n- (b) if the person is not given an information notice for the decision—the day the person becomes aware of the decision.\n- (a) affect the operation of the original decision; or\n- (b) prevent the original decision being implemented.","sortOrder":105},{"sectionNumber":"sec.81","sectionType":"section","heading":"Reviewing original decision","content":"### sec.81 Reviewing original decision\n\nThe chief executive officer must, within 30 business days after receiving an application for internal review of an original decision—\nreview the original decision; and\nmake a decision (the internal review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision; and\ngive a notice (the review notice ) advising of the internal review decision to the applicant.\nIf the original decision is not an accreditation decision, the chief executive officer may, at any time, extend the period for making the internal review decision and giving the review notice.\nThe application may be dealt with only by a person who—\ndid not make the original decision; and\nholds a more senior office than the person who made the original decision.\nSubsection (2) —\ndoes not apply to an original decision made personally by the chief executive officer; and\napplies despite the Acts Interpretation Act 1954 , section 27A .\nIf the internal review decision confirms the original decision, the original decision is taken to be the internal review decision.\nIf the internal review decision amends the original decision, the original decision as amended is taken to be the internal review decision.\nSubsections (6) and (7) apply if the original decision is an accreditation decision.\nIf the internal review decision is not the decision sought by the applicant, the review notice must comply with the QCAT Act , section 157 (2) .\nIf the chief executive officer does not give a review notice to the applicant within 30 business days after the application for internal review is made, the chief executive officer is taken to have made an internal review decision that confirms the original decision.\n(sec.81-ssec.1) The chief executive officer must, within 30 business days after receiving an application for internal review of an original decision— review the original decision; and make a decision (the internal review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision; and give a notice (the review notice ) advising of the internal review decision to the applicant.\n(sec.81-ssec.1A) If the original decision is not an accreditation decision, the chief executive officer may, at any time, extend the period for making the internal review decision and giving the review notice.\n(sec.81-ssec.2) The application may be dealt with only by a person who— did not make the original decision; and holds a more senior office than the person who made the original decision.\n(sec.81-ssec.3) Subsection (2) — does not apply to an original decision made personally by the chief executive officer; and applies despite the Acts Interpretation Act 1954 , section 27A .\n(sec.81-ssec.4) If the internal review decision confirms the original decision, the original decision is taken to be the internal review decision.\n(sec.81-ssec.5) If the internal review decision amends the original decision, the original decision as amended is taken to be the internal review decision.\n(sec.81-ssec.5A) Subsections (6) and (7) apply if the original decision is an accreditation decision.\n(sec.81-ssec.6) If the internal review decision is not the decision sought by the applicant, the review notice must comply with the QCAT Act , section 157 (2) .\n(sec.81-ssec.7) If the chief executive officer does not give a review notice to the applicant within 30 business days after the application for internal review is made, the chief executive officer is taken to have made an internal review decision that confirms the original decision.\n- (a) review the original decision; and\n- (b) make a decision (the internal review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision; and\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (c) give a notice (the review notice ) advising of the internal review decision to the applicant.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision; and\n- (a) did not make the original decision; and\n- (b) holds a more senior office than the person who made the original decision.\n- (a) does not apply to an original decision made personally by the chief executive officer; and\n- (b) applies despite the Acts Interpretation Act 1954 , section 27A .","sortOrder":106},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"External review","content":"## External review","sortOrder":107},{"sectionNumber":"sec.82","sectionType":"section","heading":"Applying for external review","content":"### sec.82 Applying for external review\n\nThis section applies to a person who—\napplied for an internal review of an accreditation decision; and\nmust be given a review notice under section 81 (1) advising of the internal review decision.\nThe person may apply to QCAT, as provided under the QCAT Act , for a review of the internal review decision.\nThe QCAT Act , section 22 (3) states that QCAT may stay the operation of the internal review decision, either on application by a person or on its own initiative.\n(sec.82-ssec.1) This section applies to a person who— applied for an internal review of an accreditation decision; and must be given a review notice under section 81 (1) advising of the internal review decision.\n(sec.82-ssec.2) The person may apply to QCAT, as provided under the QCAT Act , for a review of the internal review decision. The QCAT Act , section 22 (3) states that QCAT may stay the operation of the internal review decision, either on application by a person or on its own initiative.\n- (a) applied for an internal review of an accreditation decision; and\n- (b) must be given a review notice under section 81 (1) advising of the internal review decision.","sortOrder":108},{"sectionNumber":"pt.7","sectionType":"part","heading":"General","content":"# General","sortOrder":109},{"sectionNumber":"sec.83","sectionType":"section","heading":"Disclosing information","content":"### sec.83 Disclosing information\n\nA person must not disclose any information obtained in a mediation meeting or in connection with the administration of this Act unless the disclosure is made—\nif the information is about a person—by, or with the consent, of the person; or\nwith the consent of the person from whom the information was obtained; or\nto the extent necessary to perform the person’s functions under or in relation to this Act; or\nas reasonably required for the purpose of referring a party or parties to mediation to a person, agency, organisation or other body and, with the consent of the parties to the mediation, for the purpose of aiding in the resolution of an issue between the parties; or\nas otherwise required or allowed by law; or\nwith another lawful excuse.\nMaximum penalty—20 penalty units or 6 months imprisonment.\n- (a) if the information is about a person—by, or with the consent, of the person; or\n- (b) with the consent of the person from whom the information was obtained; or\n- (c) to the extent necessary to perform the person’s functions under or in relation to this Act; or\n- (d) as reasonably required for the purpose of referring a party or parties to mediation to a person, agency, organisation or other body and, with the consent of the parties to the mediation, for the purpose of aiding in the resolution of an issue between the parties; or\n- (e) as otherwise required or allowed by law; or\n- (f) with another lawful excuse.","sortOrder":110},{"sectionNumber":"sec.84","sectionType":"section","heading":"Protection from liability","content":"### sec.84 Protection from liability\n\nA mediator does not incur civil liability for engaging, or for the result of engaging, in conduct under this Act.\nA person acting under the direction of a mediator does not incur civil liability for engaging, or for the result of engaging, in conduct in connection with acting under the direction.\nIf subsection (1) or (2) prevents civil liability attaching to a mediator or other person, liability attaches instead to the State.\nIf liability attaches to the State under subsection (3) , the State may recover a contribution from the mediator or other person, but only if the conduct was engaged in—\nother than in good faith; and\nwith gross negligence.\nIn a proceeding under subsection (4) to recover a contribution, the amount of the contribution recoverable is the amount found by the court to be just and equitable in the circumstances.\nThis section does not apply to a person who is a prescribed person under the Public Sector Act 2022 , section 267 engaging in conduct in an official capacity under section 269 of that Act.\nFor protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\nIn this section—\ncivil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.\nconduct means an act or an omission to perform an act.\nengage in conduct under this Act means engage in conduct as part of, or otherwise in connection with, a person’s role, as a mediator, under this Act, including, for example, engaging in conduct under or purportedly under this Act.\ns 84 amd 2022 No. 34 s 365 sch 3\n(sec.84-ssec.1) A mediator does not incur civil liability for engaging, or for the result of engaging, in conduct under this Act.\n(sec.84-ssec.2) A person acting under the direction of a mediator does not incur civil liability for engaging, or for the result of engaging, in conduct in connection with acting under the direction.\n(sec.84-ssec.3) If subsection (1) or (2) prevents civil liability attaching to a mediator or other person, liability attaches instead to the State.\n(sec.84-ssec.4) If liability attaches to the State under subsection (3) , the State may recover a contribution from the mediator or other person, but only if the conduct was engaged in— other than in good faith; and with gross negligence.\n(sec.84-ssec.5) In a proceeding under subsection (4) to recover a contribution, the amount of the contribution recoverable is the amount found by the court to be just and equitable in the circumstances.\n(sec.84-ssec.6) This section does not apply to a person who is a prescribed person under the Public Sector Act 2022 , section 267 engaging in conduct in an official capacity under section 269 of that Act. For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\n(sec.84-ssec.7) In this section— civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act. conduct means an act or an omission to perform an act. engage in conduct under this Act means engage in conduct as part of, or otherwise in connection with, a person’s role, as a mediator, under this Act, including, for example, engaging in conduct under or purportedly under this Act.\n- (a) other than in good faith; and\n- (b) with gross negligence.","sortOrder":111},{"sectionNumber":"sec.85","sectionType":"section","heading":"Contracting out prohibited","content":"### sec.85 Contracting out prohibited\n\nA contract or agreement has no effect to the extent to which it—\nis contrary to this Act; or\npurports to exclude, limit or change the operation of this Act.\n- (a) is contrary to this Act; or\n- (b) purports to exclude, limit or change the operation of this Act.","sortOrder":112},{"sectionNumber":"sec.86","sectionType":"section","heading":"Waiver of rights","content":"### sec.86 Waiver of rights\n\nA waiver, or purported waiver, of a farmer’s rights under this Act has no effect.\nthe right to ask for mediation for a farm business debt\nthe right to nominate a mediator to conduct mediation, or a panel of at least 3 mediators for a mortgagee to choose a mediator to conduct mediation\nthe right to apply for an enforcement action suspension certificate\n- • the right to ask for mediation for a farm business debt\n- • the right to nominate a mediator to conduct mediation, or a panel of at least 3 mediators for a mortgagee to choose a mediator to conduct mediation\n- • the right to apply for an enforcement action suspension certificate","sortOrder":113},{"sectionNumber":"sec.87","sectionType":"section","heading":"Notices by mortgagee","content":"### sec.87 Notices by mortgagee\n\nIf property is subject to a farm mortgage and another Act requires the mortgagee to give a notice to the farmer, as mortgagor, before exercising a power or right conferred by the other Act or by the farm mortgage in relation to the property—\nnothing in this Act affects the requirement to give the notice under the other Act; and\na notice required to be given under this Act does not fail to comply with this Act merely because the notice includes matter required to be stated in a notice required to be given under the other Act before exercising the power or right.\n- (a) nothing in this Act affects the requirement to give the notice under the other Act; and\n- (b) a notice required to be given under this Act does not fail to comply with this Act merely because the notice includes matter required to be stated in a notice required to be given under the other Act before exercising the power or right.","sortOrder":114},{"sectionNumber":"sec.88","sectionType":"section","heading":"Offences against this Act","content":"### sec.88 Offences against this Act\n\nAn offence against this Act is a summary offence.\nA proceeding for the offence must start within—\n1 year after the offence is committed; or\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\nIn a complaint starting a proceeding for an offence against this Act, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence the matter came to the complainant’s knowledge on that day.\n(sec.88-ssec.1) An offence against this Act is a summary offence.\n(sec.88-ssec.2) A proceeding for the offence must start within— 1 year after the offence is committed; or 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n(sec.88-ssec.3) In a complaint starting a proceeding for an offence against this Act, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence the matter came to the complainant’s knowledge on that day.\n- (a) 1 year after the offence is committed; or\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":115},{"sectionNumber":"sec.89","sectionType":"section","heading":"Executive officer may be taken to have committed offence against deemed executive liability provision","content":"### sec.89 Executive officer may be taken to have committed offence against deemed executive liability provision\n\nIf a corporation commits an offence against a deemed executive liability provision, an executive officer of the corporation is taken to have also committed the offence if—\nthe officer authorised or permitted the corporation’s conduct constituting the offence; or\nthe officer was, directly or indirectly, knowingly concerned in the corporation’s conduct constituting the offence.\nThe executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\nThis section does not affect—\nthe liability of the corporation for the offence against the deemed executive liability provision; or\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\nIn this section—\ndeemed executive liability provision means—\nsection 12 (1) ; or\nsection 31 (2) .\n(sec.89-ssec.1) If a corporation commits an offence against a deemed executive liability provision, an executive officer of the corporation is taken to have also committed the offence if— the officer authorised or permitted the corporation’s conduct constituting the offence; or the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct constituting the offence.\n(sec.89-ssec.2) The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.\n(sec.89-ssec.3) This section does not affect— the liability of the corporation for the offence against the deemed executive liability provision; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n(sec.89-ssec.4) In this section— deemed executive liability provision means— section 12 (1) ; or section 31 (2) .\n- (a) the officer authorised or permitted the corporation’s conduct constituting the offence; or\n- (b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct constituting the offence.\n- (a) the liability of the corporation for the offence against the deemed executive liability provision; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.\n- (a) section 12 (1) ; or\n- (b) section 31 (2) .","sortOrder":116},{"sectionNumber":"sec.90","sectionType":"section","heading":"Approved forms","content":"### sec.90 Approved forms\n\nThe authority may approve forms for use under this Act.","sortOrder":117},{"sectionNumber":"sec.90A","sectionType":"section","heading":"Review of Act","content":"### sec.90A Review of Act\n\nThe Minister must review this Act within 10 years after 20 June 2022 to decide whether its provisions remain appropriate.\nThe Minister must table a report about the review in the Legislative Assembly as soon as practicable after finishing the review.\ns 90A amd 2024 No. 17 s 132\n(sec.90A-ssec.1) The Minister must review this Act within 10 years after 20 June 2022 to decide whether its provisions remain appropriate.\n(sec.90A-ssec.2) The Minister must table a report about the review in the Legislative Assembly as soon as practicable after finishing the review.","sortOrder":118},{"sectionNumber":"sec.91","sectionType":"section","heading":"Regulation-making power","content":"### sec.91 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nprescribe fees payable under the Act ; and\nprovide for a maximum penalty of 20 penalty units for a contravention of a regulation.\n(sec.91-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.91-ssec.2) A regulation may— prescribe fees payable under the Act ; and provide for a maximum penalty of 20 penalty units for a contravention of a regulation.\n- (a) prescribe fees payable under the Act ; and\n- (b) provide for a maximum penalty of 20 penalty units for a contravention of a regulation.","sortOrder":119},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provision","content":"# Transitional provision","sortOrder":120},{"sectionNumber":"sec.92","sectionType":"section","heading":"Application of Act","content":"### sec.92 Application of Act\n\nThis Act applies in relation to a farm mortgage for a farm business debt, whether the mortgage was entered into, or the debt was incurred, before or after this section commenced.\nHowever, this Act does not apply if—\nthe farmer and the mortgagee took part in mediation for the farm business debt under the Queensland farm finance strategy and entered into an agreement (however called) in writing because of the mediation; or\nthe following enforcement action was taken before the commencement of this section—\nthe mortgagee or the mortgagee’s agent entered into possession under the mortgage;\nthe mortgagee exercised power of sale under the farm mortgage and a contract of sale was entered into;\na judgment for the farm business debt was obtained.\nIn this section—\nQueensland farm finance strategy means the document—\ncalled the ‘Queensland farm finance strategy’; and\ndated 1 February 2008; and\nagreed to by the Queensland Farmers’ Federation Ltd ACN 055 764 488, the Australian Bankers’ Association Incorporated ARBN 117 262 978 and AgForce Queensland Industrial Union of Employers ABN 21 241 679 171.\ns 92 amd 2020 No. 3 s 92\n(sec.92-ssec.1) This Act applies in relation to a farm mortgage for a farm business debt, whether the mortgage was entered into, or the debt was incurred, before or after this section commenced.\n(sec.92-ssec.2) However, this Act does not apply if— the farmer and the mortgagee took part in mediation for the farm business debt under the Queensland farm finance strategy and entered into an agreement (however called) in writing because of the mediation; or the following enforcement action was taken before the commencement of this section— the mortgagee or the mortgagee’s agent entered into possession under the mortgage; the mortgagee exercised power of sale under the farm mortgage and a contract of sale was entered into; a judgment for the farm business debt was obtained.\n(sec.92-ssec.3) In this section— Queensland farm finance strategy means the document— called the ‘Queensland farm finance strategy’; and dated 1 February 2008; and agreed to by the Queensland Farmers’ Federation Ltd ACN 055 764 488, the Australian Bankers’ Association Incorporated ARBN 117 262 978 and AgForce Queensland Industrial Union of Employers ABN 21 241 679 171.\n- (a) the farmer and the mortgagee took part in mediation for the farm business debt under the Queensland farm finance strategy and entered into an agreement (however called) in writing because of the mediation; or\n- (b) the following enforcement action was taken before the commencement of this section— (i) the mortgagee or the mortgagee’s agent entered into possession under the mortgage; (ii) the mortgagee exercised power of sale under the farm mortgage and a contract of sale was entered into; (iii) a judgment for the farm business debt was obtained.\n- (i) the mortgagee or the mortgagee’s agent entered into possession under the mortgage;\n- (ii) the mortgagee exercised power of sale under the farm mortgage and a contract of sale was entered into;\n- (iii) a judgment for the farm business debt was obtained.\n- (i) the mortgagee or the mortgagee’s agent entered into possession under the mortgage;\n- (ii) the mortgagee exercised power of sale under the farm mortgage and a contract of sale was entered into;\n- (iii) a judgment for the farm business debt was obtained.\n- (a) called the ‘Queensland farm finance strategy’; and\n- (b) dated 1 February 2008; and\n- (c) agreed to by the Queensland Farmers’ Federation Ltd ACN 055 764 488, the Australian Bankers’ Association Incorporated ARBN 117 262 978 and AgForce Queensland Industrial Union of Employers ABN 21 241 679 171.","sortOrder":121}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The supplied text sets out the Act’s operative scope: it applies to farm business debts borrowed to conduct farming and secured by a farm mortgage (s.5). The Act excludes certain farmers (insolvent under administration, subject of a non-mortgagee bankruptcy petition, or certain corporations) and excludes debts after specified prior enforcement or earlier mediation under a named prior strategy (s.11, s.92). Nothing in the supplied text itself identifies a change from the Act’s original intent; based on the text, the scope is defined and limited by sections 5, 11 and 92 and by the grounds and exceptions for suspension and exemption certificates (ss.40–56)."},"complexity_factors":["Multiple interlocking procedures with strict timeframes (notice periods, response windows, document production deadlines, show-cause periods) (ss.14, 16, 21, 22, 41, 50)","Two certificate pathways (enforcement-action suspension for farmers and exemption for mortgagees) with overlapping tests and distinct time limits (ss.40–47, 48–56)","Administrative discretion concentrated in the authority: deciding certificate applications, accrediting and disciplining mediators, and issuing guidelines (ss.34, 43, 52, 58–76)","Mediator accreditation, register and discipline subsystem with its own procedural safeguards and immediate-suspension power (ss.58–76, 75)","Confidentiality carve-outs and admissibility exceptions that interact with other legal processes and tribunals (s.38)","Detailed obligations for information exchange that allocate costs and create risks of being found not to have mediated in good faith (ss.21–22, 44, 53)","Inter-jurisdictional and transitional rules that can change how the Act interacts with corresponding laws in other States and past agreements (ss.49(d), 92)","Prohibitions on waivers and contracting out that limit private contract design and require statutory compliance (ss.85–86)"],"plain_english_summary":"The Act makes mediation the required first step before a mortgagee can enforce a farm mortgage, so farmers and lenders must use a structured mediation process (with notice, timeframes, document exchange and accredited mediators) unless an exemption applies. An independent authority oversees mediators and can issue suspension or exemption certificates that pause or permit enforcement. Parties share mediator costs (other documentary costs are allocated), confidentiality is protected, and the law limits contracting out or waiver of the farmer’s mediation rights—potentially delaying lender enforcement."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains closely aligned with its stated purpose of providing a mediation framework for farm business debt disputes before enforcement action can be taken. Amendments (notably 2020 No. 3 and 2024 No. 17) added provisions such as the ability to invite third parties (e.g., guarantors) to mediation and minor procedural refinements, but did not materially expand or contract the core scope of the legislation."},"complexity_factors":["Multiple interacting certificate types (exemption certificates and enforcement action suspension certificates) with different eligibility criteria, application processes, and durations","Detailed procedural requirements with strict timelines (e.g., 15 business days, 20 business days, 30 business days, 3 months) that must be followed in sequence","Complex exclusion and exemption provisions (s.11 and s.49) involving cross-references to Commonwealth legislation (Bankruptcy Act 1966, Corporations Act) and other jurisdictions","Layered definitions where key terms (e.g., 'farm business debt', 'satisfactory mediation', 'failed to mediate') each have their own multi-part definitions with sub-conditions","Good faith obligations for both parties with legal consequences for breach, but no bright-line definition of what constitutes 'good faith'","Interplay between this Act and other state and federal laws, with a partial supremacy clause that itself has exceptions","Cross-jurisdictional considerations for farm properties mortgaged across multiple states","Cooling-off period rules with multiple ways they can be waived, shortened, or extended, each with different preconditions","Corporate liability provisions extending responsibility to executive officers","Extensive confidentiality rules with multiple exceptions including references to QCAT proceedings"],"plain_english_summary":"## Farm Business Debt Mediation Act 2017 (Queensland)\n\n### What is this law about?\nThis Queensland law creates a formal process that **must** happen before a bank or lender (called a \"mortgagee\") can take action to seize or sell a farmer's property when the farmer can't repay a loan (called a \"farm business debt\") that is secured against farm land.\n\n### Who does it affect?\n- **Farmers** in Queensland who have borrowed money for farming purposes and that loan is secured by a mortgage over farm property\n- **Lenders** (banks, financial institutions, or any entity holding a farm mortgage) who want to recover money owed to them\n\n### What does it actually require?\n\n**For lenders (before they can take any enforcement action like repossessing or selling farm property):**\n- They must first send the farmer a formal written invitation to participate in mediation (a structured negotiation meeting run by a neutral third party)\n- They must give the farmer at least 20 working days to respond\n- If the farmer asks for mediation, the lender **must** participate in good faith\n- A lender who skips this process and tries to enforce the mortgage anyway faces a fine of up to 100 penalty units, and — critically — **any enforcement action taken in breach of this law has no legal effect** (meaning a sale or repossession could be completely void)\n\n**For farmers:**\n- Farmers can also proactively request mediation at any time, even before they are in default\n- They must provide financial documents (like tax returns, assets/liabilities, and cash flow projections) to the lender during the mediation process\n- They can have advisors (including lawyers) with them at mediation meetings\n- They have a **cooling-off period** (at least 10 working days) after signing any agreement reached in mediation, during which they can walk away\n\n**The mediation process itself:**\n- Run by a neutral mediator chosen from a register\n- Private and confidential — what is said in mediation generally cannot be used as evidence in court\n- Aims to reach a written \"heads of agreement\" (a summary of what was agreed)\n- If no agreement is reached but both sides participated genuinely, the mediation is still considered complete and the lender can then proceed\n\n**Certificates system:**\n- A **lender** can apply for an \"exemption certificate\" (permission to skip or bypass mediation) if, for example, mediation has already happened, the farmer has refused to participate, or the process has stalled\n- A **farmer** can apply for an \"enforcement action suspension certificate\" (a stop order preventing the lender from acting) if the lender refuses to mediate or is not participating in good faith — this can pause enforcement for up to 6 months\n\n### Why does this matter?\nThis law gives farmers important protections against sudden loss of their property. Lenders cannot simply move to repossess farm land without first going through a genuine negotiation process. This gives financially stressed farmers time and opportunity to reach a workable arrangement — such as restructuring the debt, agreeing on a repayment plan, or negotiating a managed sale — before the worst happens."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":698},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of providing a structured mediation framework for farm business debts. While there have been amendments (noted in 2020, 2022, 2023, 2024), these appear to be refinements and operational updates rather than scope expansion. The core mechanism — mandatory pre-enforcement mediation for farm mortgages — has not been extended to other debt types or significantly broadened beyond its original agricultural debt focus."},"complexity_factors":["Multiple certificate types with different triggers and durations (enforcement action suspension certificates vs exemption certificates)","Nested timeframes: 20 business days for farmer response, 15 business days for mortgagee agreement, 30 business days for document production, 10 business days for heads of agreement submission","Cross-references between Parts 3 and 4 create interdependent procedural requirements","Conditional logic for when mediation is 'satisfactory' (3 alternative tests in section 7)","Multiple grounds for exemption certificates with their own sub-conditions (section 49)","Good faith participation defined indirectly through consequences (sections 21(7), 22(4), 32(2)(c))","6 different ways an exemption certificate can expire (section 56(3))","Immediate suspension powers with 30 business day temporary operation (section 75)","Review rights differ based on whether decision is an 'accreditation decision' or not"],"plain_english_summary":"This Queensland law creates a **mandatory mediation scheme** for farmers who are struggling to repay debts secured by their farm mortgages.\n\n**What it does:**\n- **Stops banks and lenders from taking enforcement action** (like repossessing farms or forcing sales) unless they first offer mediation to the farmer\n- **Requires both parties to participate in good faith** in mediation meetings facilitated by an accredited mediator\n- **Makes any enforcement action taken without following these steps legally invalid**\n\n**Who it affects:**\n- **Farmers** with debts borrowed specifically for farming purposes and secured by farm property\n- **Mortgagees** (banks, lenders, or anyone holding a mortgage over farm property)\n\n**How the process works:**\n1. Before enforcing a mortgage, the lender must give the farmer a notice inviting them to request mediation\n2. The farmer has at least 20 business days to respond\n3. If mediation is requested, both parties must participate in good faith\n4. If they reach agreement, they sign a \"heads of agreement\" — which has a cooling-off period (usually 10 business days) during which the farmer can change their mind\n5. If mediation fails or a party refuses to participate, either side can apply to the government authority for certificates that affect next steps\n\n**Key protections for farmers:**\n- Farmers can apply for an **enforcement action suspension certificate** if the lender refuses to mediate\n- Farmers cannot waive their rights under this law (any contract trying to do this is void)\n- Farmers can bring advisors (including lawyers) to mediation meetings\n- Information shared in mediation is confidential and generally can't be used in court\n\n**Exceptions:** The law doesn't apply if the farmer is already bankrupt, under external administration, or if they've already been through this mediation process for the same debt and defaulted again on the resulting agreement."}},"importantCases":[],"_links":{"self":"/api/acts/farm-business-debt-mediation-act-2017","history":"/api/acts/farm-business-debt-mediation-act-2017/history","analysis":"/api/acts/farm-business-debt-mediation-act-2017/analysis","conflicts":"/api/acts/farm-business-debt-mediation-act-2017/conflicts","importantCases":"/api/acts/farm-business-debt-mediation-act-2017/important-cases","documents":"/api/acts/farm-business-debt-mediation-act-2017/documents"}}