{"id":"primary-producers-emergency-assistance-act-1967","name":"Primary Producers Emergency Assistance Act 1967","slug":"primary-producers-emergency-assistance-act-1967","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106360,"registerId":"sa-primary-producers-emergency-assistance-act-1967-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Primary Producers Emergency Assistance Act 1967","content":"South Australia\nPrimary Producers Emergency Assistance Act 1967\nAn Act to provide for assistance to primary producers in necessitous circumstances as a result of drought, fire, flood, frost, animal or plant disease, insect pest, or other natural calamity, and for other purposes.\n\nContents\n1\tShort title\n2\tInterpretation\n3\tPayments to the Fund\n4\tPayments out of the Fund\n5\tPower to make advances\n6\tAdvances and payments not liable for existing debts\n7\tExemption from stamp duty and registration fees\n8\tPenalty for false statements\n9\tAppropriation\n10\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Primary Producers Emergency Assistance Act 1967.\n2—Interpretation\nIn this Act, unless the contrary intention appears—\nthe Farmers Assistance Fund or the Fund means the Fund kept at the Treasury and entitled \"the Farmers Assistance Fund\";\nnatural calamity means drought, fire, flood, frost, animal or plant disease, insect plague, or other natural calamity;\nrural liquidity means the total amount of money that primary producers have available to spend;\nsmall rural business means a business—\n\t(a)\tthat relies wholly or mainly on transactions with primary producers; and\n\t(b)\tof which the proprietor is—\n\t(i)\ta natural person; or\n\t(ii)\ta proprietary company of which each shareholder is a natural person who actively participates in carrying on the business or a close relative of such a person.\n3—Payments to the Fund\n\t(1)\tThere shall be paid into the Farmers Assistance Fund the following amounts—\n\t(a)\tall moneys received from the Commonwealth by way of grant or advance for a purpose for which the Fund may be applied; and\n\t(b)\tso much of the moneys held in the Marginal Lands Improvements Account kept at the Treasury not exceeding One hundred and fifty thousand dollars as the Treasurer may approve; and\n\t(c)\tsuch other moneys—\n\t(i)\tas are provided by Parliament for the purposes of the Fund; or\n\t(ii)\tas are advanced by the Treasurer to the Fund under subsection (2); and\n\t(d)\tall amounts received in repayment of advances made under section 5 of this Act and in payment of interest on such advances.\n\t(2)\tThe Treasurer may, out of any moneys that are available for the purpose, advance moneys to, or for the purposes of, the Fund on such terms and conditions as he thinks fit.\n4—Payments out of the Fund\nThere may be paid out of the Farmers Assistance Fund—\n\t(a)\tthe moneys required for the purpose of providing financial assistance under section 5; and\n\t(b)\tsuch part of the costs of administering any scheme of financial assistance under section 5 of this Act as may be approved by the Minister; and\n\t(c)\tmoneys required to repay moneys advanced to the Fund on condition that they should be repaid; and\n\t(d)\tmoneys required to reimburse the Treasurer in respect of moneys previously applied from a Treasury account for the purpose of repaying moneys advanced to the Fund on condition that they should be repaid.\n5—Power to make advances\n\t(1)\tSubject to this section, the Minister after consideration of such reports and recommendations as may be tendered by any person or persons appointed for the purpose, may make from the Farmers Assistance Fund—\n\t(a)\tadvances or grants to primary producers who are eligible for such advances or grants under subsection (2a); and\n\t(b)\tpayments towards the cost of fodder or water for starving stock including the cost of transport of such fodder or water, or for any other purpose deemed necessary by the Minister for the purposes of this Act; and\n\t(c)\tadvances to the proprietors of small rural businesses who are eligible for such advances under subsection (2b).\n\t(2)\tSubject to subsection (3) of this section, any advance made under subsection (1) of this section shall be made subject to the following conditions:\n\t(a)\tthe advance shall be made upon such terms and conditions (including terms and conditions relating to interest) as may be determined by the Minister;\n\t(c)\tthe Minister may take security for any advance by mortgage, bill of sale, lien, assignment or such other charge as he thinks fit;\n\t(d)\twith the concurrence of the Treasurer and after due inquiry the Minister may remit part or the whole of any interest on or part or the whole of any advance made under this Act;\n\t(e)\twithout in any way affecting the rights of the Minister under any security given for an advance under this Act, where the Minister is satisfied that any person to whom any advance has been made is not making reasonable efforts in carrying on his business or has no prospect of ultimate recovery he may demand repayment of the advance and realise on any security taken in respect thereof.\n\t(2a)\tA primary producer is eligible for an advance or a grant under this section if—\n\t(a)\tthe primary producer is in necessitous circumstances as a result of a natural calamity; and\n\t(b)\tthe advance or grant is necessary in order to enable the primary producer to continue in the business of primary production; and\n\t(c)\tthe primary producer has no other source of funds available to him for that purpose; and\n\t(d)\tthe primary producer would have, given the advance or grant, a reasonable prospect of being able to continue in the business of primary production.\n\t(2b)\tThe proprietor of a small rural business is eligible for an advance under this section if—\n\t(a)\this business has been adversely affected by a decline in rural liquidity resulting from drought; and\n\t(b)\tthose persons whose livelihood is dependent on the profitability of the business are consequently in necessitous circumstances; and\n\t(c)\tthe advance is necessary in order to enable the proprietor of the business to continue in that business; and\n\t(d)\tthe proprietor has no other source of funds available to him for that purpose; and\n\t(e)\tthe proprietor of the business would have, given the advance, a reasonable prospect of being able to continue the business.\n\t(3)\tIf any arrangements are made between the Government of the State and the Government of the Commonwealth or between Ministers acting on behalf of those Governments with respect to such advances or other payments, or the conditions under which such advances or payments are to be made, or the class of persons to whom such advances or payments may be made, every such advance or payment shall be made in accordance with those arrangements.\n\t(4)\tA person who has received any payment, or the benefit of any payment, referred to in subsection (1)(b) of this section shall, at the request in writing of the Minister, pay to the Minister the whole amount or such part of such payment as the Minister may specify in this request and, if such person fails to pay the same to the Minister within the time allowed by the Minister, the Minister may recover the same from that person as a debt in any court of competent jurisdiction.\n6—Advances and payments not liable for existing debts\nA payment or advance made under section 5 of this Act to any person—\n\t(a)\tshall not pass to any other person by virtue of any assignment made before such payment; and\n\t(b)\tshall not be subject to any lien, right of set off or appropriation, or charge, which lien, right or charge exists or is claimed in respect of any debt incurred before such payment is made; and\n\t(c)\tshall not be taken or applied by virtue of any legal process in or towards satisfaction of any debt incurred before such payment.\n7—Exemption from stamp duty and registration fees\nStamp duty shall not be payable upon any declaration or any other document made or executed by any applicant for assistance under section 5 of this Act in connection with his application or by way of giving security for any advance or the price of any goods; and no fees shall be payable under any Act for the registration of any such document.\n8—Penalty for false statements\nIf any person knowingly makes a false statement in connection with any application for assistance under this Act he shall be guilty of an offence and liable on summary conviction to a penalty of one hundred dollars and in addition any amount advanced pursuant to this Act to such person or paid to him or on his behalf shall forthwith become repayable to and may be recovered by the Minister.\n9—Appropriation\nThis Act without any further or other appropriation shall be sufficient authority for the expenditure of any money for any of the purposes of this Act.\n10—Regulations\n\t(1)\tThe Governor may make regulations prescribing and providing for such matters as are necessary to be prescribed or provided for to give effect to or to facilitate the operation of this Act, including penalties not exceeding, in each case, fifty dollars for the breach of any regulation.\n\t(2)\tAny such regulation may be of general or special application or may be made to meet a particular case or particular cases.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1967\n42\nPrimary Producers Emergency Assistance Act 1967\n12.10.1967\n12.10.1967\n1981\n21\nPrimary Producers Emergency Assistance Act Amendment Act 1981\n19.3.1981\n19.3.1981 except s 2—12.10.1967: s 2\n1982\n84\nPrimary Producers Emergency Assistance Act Amendment Act 1982\n30.9.1982\n30.9.1982\nProvisions amended since 3 February 1976\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\nsubstituted by 84/1982 s 2\n30.9.1982\ns 3\n\n\ns 3(1)\ns 3 amended and redesignated as s 3(1) by 21/1981 s 2(1)\n12.10.1967\n\namended by 84/1982 s 3\n30.9.1982\ns 3(2)\ninserted by 21/1981 s 2(1)(c)\n12.10.1967\ns 4\namended by 21/1981 s 3\n19.3.1981\n\namended by 84/1982 s 4\n30.9.1982\ns 5\n\n\ns 5(1)\namended by 21/1981 s 4(a)\n19.3.1981\n\namended by 84/1982 s 5(a), (b)\n30.9.1982\ns 5(2)\namended by 21/1981 s 4(b), (c)\n19.3.1981\n\namended by 84/1982 s 5(d)\n30.9.1982\n\n(b) deleted by 84/1982 s 5(c)\n30.9.1982\ns 5(2a) and (2b)\ninserted by 84/1982 s 5(e)\n30.9.1982\ns 5(4)\namended by 21/1981 s 4(c)\n19.3.1981\ns 8\namended by 21/1981 s 5\n19.3.1981\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act's amendments expanded its scope beyond a simple emergency relief mechanism for primary producers. Later changes explicitly added: (a) definitions and eligibility for 'small rural business' proprietors to receive advances where drought has reduced rural liquidity (s 2, s 5(1)(c), s 5(2b)); (b) an explicit power to pay for fodder or water and associated transport costs (s 5(1)(b)); and (c) clearer funding pathways through the Marginal Lands Improvements Account and Treasurer advances (s 3). These additions broaden the recipient pool (to include certain small rural businesses), broaden the type of assistance (direct purchase/transport of inputs), and formalise additional funding sources and administrative arrangements compared with the original narrowly framed assistance to primary producers."},"complexity_factors":["Short Act: 10 substantive sections (s 1–10) with limited length","Four defined terms in the interpretation section (Farmers Assistance Fund/Fund, natural calamity, rural liquidity, small rural business)","Eligibility conditions split between primary producers (s 5(2a)) and small rural business proprietors (s 5(2b)), creating parallel but distinct tests","Ministerial discretion over terms, security and remission with Treasurer concurrence in some cases (s 5(2)(a),(c),(d))","Cross‑government dependency: advances must follow any arrangements with the Commonwealth (s 5(3))","Protections for recipients against prior creditors (s 6) and tax/registration exemptions for security documents (s 7) alter private law effects","Penalty and recovery provisions tied to fraud/false statements (s 8)","Regulation‑making power allowing both general and special rules, and small monetary penalties for breaches (s 10) — potential for varied subordinate rules"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes a dedicated pool of money called the Farmers Assistance Fund (the Fund) for emergency financial help to people working in agriculture and closely related rural businesses (s 2, s 3).\n- Specifies where money for the Fund can come from: Commonwealth grants or advances, amounts from a specific Treasury account (the Marginal Lands Improvements Account) with Treasurer approval, parliamentary appropriations, Treasurer advances, and repayments of previous advances (s 3).\n- Authorises the Minister to make advances or grants from the Fund to eligible primary producers, to pay for fodder or water (including transport) for starving stock, and to advance money to eligible proprietors of small rural businesses affected by drought-driven reductions in rural liquidity (s 5(1), s 5(1)(b), s 5(1)(c)).\n- Sets eligibility rules for primary producers and for small rural business proprietors, requiring necessitous circumstances caused by a defined natural calamity (or, for small rural businesses, a decline in rural liquidity resulting from drought), lack of other funds, necessity to continue in business, and a reasonable prospect of recovery if assistance is given (s 5(2a), s 5(2b)).\n- Allows the Minister to set terms for advances (including interest), to take security (mortgage, lien, assignment, etc.), to remit interest or principal with Treasurer concurrence, and to recover or realise security if the recipient is not making reasonable efforts or has no prospect of recovery (s 5(2)(a),(c),(d),(e)).\n- Protects payments and advances made under the Act from being taken for earlier debts (they do not pass to other creditors, are not subject to liens or set-offs for pre-existing debts, and cannot be taken by legal process to satisfy prior debts) (s 6).\n- Exempts documents giving security for these advances from stamp duty and registration fees (s 7).\n- Provides an offence and penalty for knowingly making false statements in an application, and makes any advanced amount immediately repayable in such cases (s 8).\n- Allows the Governor to make regulations to operate the Act and authorises spending for Act purposes without a separate appropriation (s 9, s 10).\n\nWho is affected\n\n- Beneficiaries: primary producers (farmers and similar primary production businesses) in \"necessitous circumstances\" caused by a listed natural calamity, and proprietors of \"small rural businesses\" who suffer from drought-reduced rural liquidity and whose livelihoods depend on those businesses (s 2, s 5(2a), s 5(2b)).\n- Decision-makers: the Minister (who approves and sets terms for advances and grants), the Treasurer (who can advance money to the Fund and must concur to remit interest or principal in some cases), and persons or committees appointed to report on applications (s 3(2), s 5(1), s 5(2)(d), s 5(3)).\n- Funders: money ultimately comes from Commonwealth grants, certain Treasury accounts, parliamentary appropriations or Treasurer advances — i.e. public funds (s 3).\n\nWhy it matters (stated purpose and how it operates against costs and incentives)\n\n- Purpose claim: The Act exists to keep primary production and closely related small rural businesses viable when disaster or drought-driven liquidity shocks would otherwise push them out of business (s 1, s 5).\n- Direct mechanism: The State provides targeted, conditional cash (advances or grants) or pays for urgent inputs (fodder/water and transport) to enable continuation of production or business operations (s 5(1)(a),(b),(c)).\n- Who pays and opportunity cost: Public funds allocated to the Fund are those Parliament or the Treasurer provides, or Commonwealth funds designated for this purpose (s 3). Those monies are therefore not available for other public spending priorities; the Act explicitly authorises expenditure without further appropriation (s 9).\n- Incentives and conditionality: Advances are subject to Ministerial terms, security can be taken, and repayment/remission decisions lie with the Minister (and sometimes require Treasurer concurrence). These rules reduce some moral‑hazard risk (by requiring security and reasonable prospect of recovery) but leave substantial administrative discretion (s 5(2),(c),(d),(e)).\n- Effect on creditors and contracts: Payments made under the Act are protected from prior creditors (they do not pass to assignees or satisfy prior debts), and security documents are exempt from stamp duty and registration fees — which eases transaction costs for recipients but also changes the priority of public relief versus pre-existing private claims (s 6, s 7).\n- Administrative and compliance costs: The Minister may approve administrative costs from the Fund (s 4(b)). Applicants must make representations and may be subject to inquiries; false statements attract a penalty and immediate repayment (s 5(1), s 8). There is therefore an administrative burden on both the State and applicants.\n- Intergovernmental coordination and variation risk: The Act requires that where arrangements exist with the Commonwealth, advances must follow those arrangements; this can change eligibility or conditions depending on intergovernmental agreements (s 5(3)).\n\nTrade-offs, implementation risks and distributional notes\n\n- Concentrated benefits, diffuse costs: Benefits go to identifiable recipients (primary producers and certain small rural businesses). Costs are carried by public finances (Commonwealth or State funds) — a concentrated benefit/diffuse cost pattern that typically creates pressure for targeted claims on the Fund (s 3, s 5).\n- Discretion and predictability: The Minister and Treasurer have significant discretion over terms, security, remission and advances to the Fund. That discretion allows flexible, rapid responses but reduces predictability for applicants and raises administrative decision‑making risk (s 3(2), s 5(2),(d),(e)).\n- Risk of substitution and moral hazard: Because advances are intended to enable continuation in business, recipients with access to other funding sources are excluded (eligibility criteria require no other source of funds). Still, the availability of concessional or remissible assistance can affect private borrowing behaviour and timing of exits; the Act mitigates this through eligibility gates and security requirements (s 5(2a),(2b),(2),(c)).\n- Burden on public administration: The Fund can pay administrative costs, but effective delivery requires appraisal, fraud prevention, recovery mechanisms and possibly coordination with the Commonwealth (s 4(b), s 5(3), s 8).\n\nBottom line (mechanical): This is a narrowly targeted emergency assistance mechanism that channels public funds into conditional advances or grants to primary producers and certain small rural businesses after natural calamities or drought-related liquidity shocks. Decisions rest with the Minister (with Treasurer roles in funding and remission), funds are sourced from specified public accounts, security and repayment rules apply, payments are shielded from prior creditor claims, and administrative regulation and penalties for false statements are provided for (see s 2–10)."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was returned. The source URL produced a 404-style error page rather than the requested legislation."},"complexity_factors":["No legislative text was retrievable — analysis is impossible","Website migration error prevented access to the actual Act","Only the Act's name and jurisdiction could be identified from the content provided"],"plain_english_summary":"The Primary Producers Emergency Assistance Act 1967 (SA) is an older state law intended to provide emergency financial or practical aid to primary producers (farmers, graziers, horticulturalists). It matters for anyone researching historical or current disaster‑relief powers for agriculture, but the Act may have been repealed, replaced, or consolidated into newer legislation.\n\nTo confirm status or get the current text, search www.legislation.sa.gov.au or contact the SA Office of Parliamentary Counsel (OPCWeb@sa.gov.au)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1967 Act focused on assistance to primary producers in necessitous circumstances from natural calamities. The 1982 amendments significantly expanded scope by adding section 5(2b), which introduced eligibility for 'small rural businesses' affected by declines in 'rural liquidity' during drought. This moved the Act beyond direct agricultural assistance to supporting the broader rural economy dependent on farming, effectively creating a secondary assistance stream for non-primary producers."},"complexity_factors":["Short statute with only 10 sections covering a discrete policy area","Minimal cross-referencing — mostly internal references to other sections of the same Act","Straightforward conditional logic in eligibility criteria (subsections 5(2a) and 5(2b)) with clear conjunctive requirements (all conditions must be met)","Only 4 defined terms in the interpretation section: 'the Farmers Assistance Fund/the Fund', 'natural calamity', 'rural liquidity', and 'small rural business'","Simple administrative structure with Ministerial discretion clearly delineated","Some complexity in funding mechanics (section 3) with multiple sources and repayment obligations, but still manageable","No nested exceptions or highly technical procedural requirements"],"plain_english_summary":"This South Australian law creates a government fund to help farmers and rural businesses survive natural disasters. Here's what it does:\n\n**The Fund**\n- Establishes the \"Farmers Assistance Fund\" — a pool of money held at the Treasury\n- Money comes from federal government grants, state Parliament allocations, loan repayments, and other sources\n\n**Who can get help**\n- **Primary producers** (farmers, graziers, etc.) who are in dire financial straits due to drought, fire, flood, frost, disease, insect plagues, or other natural disasters\n- **Small rural businesses** that depend on farmers for their income and are struggling because farmers have less money to spend during droughts\n\n**What help is available**\n- Low-interest loans (advances) or grants to keep farming operations going\n- Emergency payments for fodder and water for starving livestock\n- Loans to rural businesses to keep them afloat\n\n**Key protections for recipients**\n- The money can't be seized by banks or other creditors to pay old debts\n- No stamp duty or registration fees on documents related to the assistance\n- The Minister can forgive interest or part of the loan in hardship cases\n\n**Oversight**\n- The Minister decides who gets help based on reports from appointed assessors\n- Making false statements to get assistance is an offence ($100 penalty plus repayment)\n- The Governor can make regulations to fill in operational details"}},"importantCases":[],"_links":{"self":"/api/acts/primary-producers-emergency-assistance-act-1967","history":"/api/acts/primary-producers-emergency-assistance-act-1967/history","analysis":"/api/acts/primary-producers-emergency-assistance-act-1967/analysis","conflicts":"/api/acts/primary-producers-emergency-assistance-act-1967/conflicts","importantCases":"/api/acts/primary-producers-emergency-assistance-act-1967/important-cases","documents":"/api/acts/primary-producers-emergency-assistance-act-1967/documents"}}