{"id":"F2019L00523","name":"Farm Household Support (Forced Disposal of Livestock) Minister’s Rules 2019","slug":"farm-household-support-forced-disposal-of-livestock-minister-s-rules-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440022,"registerId":"F2019L00523-fast-fetch-1775955819562","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Farm Household Support (Forced Disposal of Livestock) Minister’s Rules 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nFarm Household Support (Forced Disposal of Livestock) Minister’s Rules 2019\n\nI, David Littleproud, Minister for Agriculture and Water Resources, make the following rules.\n\nDated 3 April 2019\n\nDavid Littleproud\n\nMinister for Agriculture and Water Resources\n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Modifications of the Social Security Act 1991\n\n5 Application\n\nSchedule 1—Modifications of the Social Security Act 1991\n\nSocial Security Act 1991\n\n \n\n1  Name\n\n  This instrument is the Farm Household Support (Forced Disposal of Livestock) Minister’s Rules 2019.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 July 2019. 1 July 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 106(1) of the Farm Household Support Act 2014.\n\n4  Modifications of the Social Security Act 1991\n\n  For the purposes of section 92 of the Farm Household Support Act 2014, the Social Security Act 1991 has effect for the purposes set out in section 91 of the Farm Household Support Act 2014 with the modifications set out in Schedule 1 to this instrument.\n\n5  Application\n\n  This instrument applies in relation to forced disposals of livestock (see item 1 of Schedule 1) occurring on or after 1 July 2019.\n\nSchedule 1—Modifications of the Social Security Act 1991\n\nNote: See section 4.\n\n \n\nSocial Security Act 1991\n\n1  Subsection 8(1)\n\nInsert:\n\nfarm management deposit owned by a person means a farm management deposit (within the meaning of the Income Tax Assessment Act 1997) of which the person is the owner (within the meaning of that Act).\n\nforced disposal of livestock means disposal (including killing) of livestock or all or part of a carcass of livestock by an entity (within the meaning of the Income Tax Assessment Act 1997) that occurs wholly or mainly for one or more of the following reasons:\n\n (a) an action by the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory that has the effect that land or water cannot be used to support the livestock commercially (for example, compulsory acquisition of an estate in land or other interest under a law of the Commonwealth, a State or a Territory or changing a law governing how land or water may be used), other than an action taken with the entity’s free consent;\n\n (b) drought or natural disaster affected the availability of pasture, fodder or water so that the entity could not reasonably support the livestock;\n\n (c) reasonable concern for the welfare of the livestock;\n\n (d) a requirement by or under a law of the Commonwealth, a State or a Territory to dispose of the livestock.\n\n2  After paragraph 8(8)(c)\n\nInsert:\n\n (ca) an amount that:\n\n (i) is received by a person because of forced disposal of livestock by the person; and\n\n (ii) is deposited as a farm management deposit owned by the person;\n\n (cb) an amount for which all the following conditions are met:\n\n (i) the amount is received by a person because of forced disposal of livestock by the person;\n\n (ii) in the period of 42 days beginning on the day the person received the amount, the Secretary is informed that the person has received the amount (or a greater amount including the amount) and that the amount will be deposited as a farm management deposit owned by the person;\n\n (iii) that period has not ended;\n\n (cc) an amount that:\n\n (i) is received by a person; and\n\n (ii) is attributable to a forced disposal of livestock by an entity (within the meaning of the Income Tax Assessment Act 1997) in which the person holds a membership interest (within the meaning of that Act), either directly or through one or more interposed entities (within the meaning of that Act); and\n\n (iii) is deposited as a farm management deposit owned by the person;\n\n (cd) an amount for which all the following conditions are met:\n\n (i) the amount is received by a person;\n\n (ii) the amount is attributable to a forced disposal of livestock by an entity (within the meaning of the Income Tax Assessment Act 1997) in which the person holds a membership interest (within the meaning of that Act), either directly or through one or more interposed entities (within the meaning of that Act);\n\n (iii) in the period of 42 days beginning on the day the person received the amount, the Secretary is informed that the person has received the amount (or a greater amount including the amount) and that the amount will be deposited as a farm management deposit owned by the person;\n\n (iv) that period has not ended;\n\n3  After subsection 8(8)\n\nInsert:\n\n (8AAAA) An amount for which the conditions in paragraph 8(8)(cb) or (cd) are met is not income at any time in the period described in that paragraph.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose. It addresses a specific gap identified in the interaction between farm household support payments and forced livestock disposal income, using the exact mechanism (farm management deposits) contemplated by the enabling legislation. No expansion beyond the original policy intent is evident."},"complexity_factors":["Multiple nested definitions: 'forced disposal of livestock' incorporates definitions from the Income Tax Assessment Act 1997 ('entity', 'membership interest', 'interposed entities')","Four separate legislative mechanisms (paragraphs 8(8)(ca), (cb), (cc), (cd)) with subtly different conditions for direct disposals vs trust/company structures","Temporal conditionality: 42-day notification window with different income treatment during vs after the period","Cross-referencing between three Acts: Farm Household Support Act 2014 (authority), Social Security Act 1991 (modified), and Income Tax Assessment Act 1997 (defined terms)","Exception-within-exception structure: the disposal must be 'wholly or mainly' for specified reasons, with a specific exclusion for actions taken with the entity's 'free consent'"],"plain_english_summary":"This instrument protects farmers on Farm Household Allowance and other social security payments who are forced to sell or destroy livestock (due to government compulsion, drought or disaster, welfare concerns, or legal disease controls) by treating the sale proceeds as not countable income — but only if the proceeds are placed into a farm management deposit.  \n\nProtection applies whether proceeds come directly or via a company/trust, and includes immediate exclusion if deposited straight away or a 42‑day grace period after notifying Centrelink."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument narrows the income counted for Farm Household Support by creating express exclusions for payments received because of forced livestock disposal when those payments are deposited into farm management deposits or notified to the Secretary within 42 days. It therefore changes the application of the Social Security Act 1991 for Farm Household Support purposes to exclude specified forced‑disposal receipts (see section 4 and Schedule 1) and applies to disposals occurring on or after 1 July 2019 (section 5)."},"complexity_factors":["Cross‑legislative references: relies on definitions and concepts in the Income Tax Assessment Act 1997 (farm management deposit, entity, membership interest) (Schedule 1, item 1).","Layered exclusion conditions: different routes to exclusion — immediate deposit, deposit with notification within 42 days, and attribution through membership interests — create multiple factual tests (Schedule 1, item 2 paragraphs (ca)–(cd)).","Timing requirement: strict 42‑day notification/deposit window conditions eligibility for exclusion (Schedule 1, item 2 paragraphs (cb), (cd) and new subsection 8(8AAAA)).","Definition breadth: 'forced disposal of livestock' covers several distinct causes (government action, drought/natural disaster, welfare concern, legal requirement), which may require factual characterisation (Schedule 1, item 1 definition).","Interaction with existing means‑test rules: modifies how the Social Security Act 1991 operates for Farm Household Support purposes, so administrators must apply modified income rules only for these circumstances (sections 4 and Schedule 1).","Compliance and recordkeeping burden on recipients: obligation to deposit funds into an FMD and/or inform the Secretary within a set period creates operational steps for claimants and verifying agencies (Schedule 1, item 2)."],"plain_english_summary":"This instrument amends how Farm Household Support assesses payments received because of forced disposal of livestock. If a person deposits those payments into a farm management deposit, or notifies the Secretary within 42 days that they will do so, the amounts can be treated as excluded from income for the Farm Household Support means test. It affects farmers and entities receiving compensation for livestock killed or removed due to government action, drought, welfare concerns or legal requirements, and matters because it preserves eligibility by temporarily excluding those receipts (Schedule 1, items 1–3)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/farm-household-support-forced-disposal-of-livestock-minister-s-rules-2019","history":"/api/acts/farm-household-support-forced-disposal-of-livestock-minister-s-rules-2019/history","analysis":"/api/acts/farm-household-support-forced-disposal-of-livestock-minister-s-rules-2019/analysis","conflicts":"/api/acts/farm-household-support-forced-disposal-of-livestock-minister-s-rules-2019/conflicts","importantCases":"/api/acts/farm-household-support-forced-disposal-of-livestock-minister-s-rules-2019/important-cases","documents":"/api/acts/farm-household-support-forced-disposal-of-livestock-minister-s-rules-2019/documents"}}