{"id":"tas:act-1995-036","name":"Rural Adjustment Act 1995","slug":"rural-adjustment-act-1995","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"36 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106115,"registerId":"tas-act-1995-036-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Rural Adjustment Act 1995](/view/html/inforce/2026-04-12/act-1995-036) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> This Act commences on the day on which it receives the Royal Assent.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> > (1)  In this Act, unless the contrary intention appears –\n> > \n> > > ***Agreement*** means the agreement, a copy of which is set out in [Schedule 1](#JS1@EN) ;\n> > \n> > > ***Authority*** means the Tasmanian Development Authority established under the [Tasmanian Development Act 1983](/view/html/inforce/2026-04-12/act-1983-084) ;\n> > \n> > > ***financial assistance*** includes financial assistance by way of agreement or a loan;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja56@GC1@Hpa@EN) ***Scheme*** means the Rural Adjustment Scheme continued under [section 6](#GS6@EN) ;\n> > \n> > > [*\\[Section 3 Subsection (1) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja56@GC1@Hpb@EN) ***spouse***, in relation to a person, includes the person who is in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , with that person.\n> \n> > (2)  A reference to the [Agreement](#JS1@EN) includes –\n> > \n> > > > (a) a reference to the [Agreement](#JS1@EN) as amended from time to time in accordance with clause 25 (3) of the [Agreement](#JS1@EN) ; and\n> > > \n> > > > (b) any other agreement authorized, approved or ratified by Parliament for the operation of the Scheme.\n> \n> > (3)  A word or expression used in this Act and which is defined in the [Agreement](#JS1@EN) has, unless the contrary intention appears, the same meaning as in the [Agreement](#JS1@EN) .","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application of Act","content":"### 4 Application of Act\n\n> This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Ratification and Deed of Agreement","content":"### 5 Ratification and Deed of Agreement\n\n> > (1)  The execution of the [Agreement](#JS1@EN) is ratified.\n> \n> > (2)  The provisions of the [Agreement](#JS1@EN) have the force of law as if the [Agreement](#JS1@EN) were enacted by this Act.\n> \n> > (3)  The Minister, relevant statutory authorities and agencies, on behalf of the State –\n> > \n> > > > (a) are empowered and required to do all things necessary to implement and enforce the [Agreement](#JS1@EN) ; and\n> > > \n> > > > (b) are empowered to exercise all powers, rights and discretions conferred on them respectively under the [Agreement](#JS1@EN) ; and\n> > > \n> > > > (c) are required to perform all obligations imposed on them respectively under the [Agreement](#JS1@EN) .","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Rural Adjustment Scheme","content":"# Part 2 Rural Adjustment Scheme","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Rural Adjustment Scheme","content":"### 6 Rural Adjustment Scheme\n\n> > (1)  The Rural Adjustment Scheme established under [section 5 of the](/view/html/inforce/2026-04-12/act-9999-999#GS5@EN) [Rural Adjustment Act 1977](/view/html/inforce/2026-04-12/act-9999-999) and continued under [section 6 of the](/view/html/inforce/2026-04-12/act-9999-999#GS6@EN) [Rural Adjustment Act 1988](/view/html/inforce/2026-04-12/act-9999-999) and [section 6 of the](/view/html/inforce/2026-04-12/act-9999-999#GS6@EN) [Rural Adjustment Act 1990](/view/html/inforce/2026-04-12/act-9999-999) to provide financial assistance to persons engaged in rural industries is continued so as to provide support to persons engaged in the farm sector.\n> \n> > (2)  The Authority must administer and operate the Scheme on behalf of the State.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Functions of Authority","content":"### 7 Functions of Authority\n\n> The functions of the Authority are –\n> \n> > > (a) the operation of the Scheme; and\n> > \n> > > (b) such other functions as the Minister determines.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Powers of Authority","content":"### 8 Powers of Authority\n\n> > (1)  For the purpose of enabling it to carry out the functions referred to in [section 7](#GS7@EN) , the Authority may exercise all powers, rights, privileges and discretions as are necessary to carry out those functions.\n> \n> > (2)  For the purpose of meeting the objectives of the Scheme and the [Agreement](#JS1@EN) , the Authority may trade in or otherwise deal with land.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Application for support under Scheme","content":"### 9 Application for support under Scheme\n\n> > (1)  A farmer who is eligible under the Scheme may apply to the Authority for support under the Scheme.\n> \n> > (2)  An application under [subsection (1)](#GS9@Gs1@EN) is to be made in the form and manner determined by the Authority.\n> \n> > (3)  For the purpose of considering an application, the Authority may require –\n> > \n> > > > (a) the applicant to make a statutory declaration in relation to any statement made in that application; and\n> > > \n> > > > (b) the applicant, the applicant's spouse and any creditor of the applicant to produce the information, accounts and documents which the Authority considers relevant.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Grant of support","content":"### 10 Grant of support\n\n> > (1)  Subject to the [Agreement](#JS1@EN) , the Authority may –\n> > \n> > > > (a) grant support subject to such conditions as it determines; or\n> > > \n> > > > (b) refuse to grant support.\n> \n> > (2)  Without limiting the conditions the Authority may determine under [subsection (1)](#GS10@Gs1@EN) [(a)](#GS10@Gs1@Hpa@EN) , the Authority must make the grant of support subject to the condition that the applicant work and manage the farm enterprise in respect of which the support is granted to the satisfaction of the Authority.\n> \n> > (3)  The Authority may alter, revoke or substitute a condition determined by it under this section, other than the condition specified in [subsection (2)](#GS10@Gs2@EN) .","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Security for loans","content":"### 11 Security for loans\n\n> > (1)  The repayment of any loan made under the Scheme together with the interest on the loan is to be secured in the manner determined by the Authority.\n> \n> > (2)  The Authority may, in the interests of a farmer, consent to the postponement of any security given by the farmer in favour of another person if –\n> > \n> > > > (a) that other person agrees in writing with the Authority to lend money to the farmer in consideration of the postponement; and\n> > > \n> > > > (b) the money is lent to the farmer for such purposes as the Authority may determine.\n> \n> > (3)  Where a security taken by or on behalf of the Authority –\n> > \n> > > > (a) is in respect of any chattels or land, the chattels or land must not be disposed of or otherwise dealt with without the consent of the Authority; and\n> > > \n> > > > (b) is a mortgage in respect of land under the [Land Titles Act 1980](/view/html/inforce/2026-04-12/act-1980-019) , the mortgage operates as provided in this section from the date of its lodgement for registration.\n> \n> > (4)  Where a loan has been made under the Scheme –\n> > \n> > > > (a) the money lent; or\n> > > \n> > > > (b) any right of the borrower to the loan under any instrument or by reason of a deposit; or\n> > > \n> > > > (c) any property bought with the loan –\n> > \n> > is not and must not be affected by, or taken under, any process of execution or any judgement or order against the borrower obtained by a person other than the Authority.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Offences","content":"# Part 3 Offences","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"False or misleading statements","content":"### 12 False or misleading statements\n\n> A person must not make a statement or representation knowing or believing that the statement or representation is false or misleading –\n> \n> > > (a) in relation to an application under this Act; or\n> > \n> > > (b) with respect to the amount or nature of any assets or any debt due or any claim against the person or the person's estate.\n> \n> Penalty:  Fine not exceeding 50 penalty units.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Failure to comply with requirements, terms and conditions","content":"### 13 Failure to comply with requirements, terms and conditions\n\n> A person must not, without reasonable cause, fail or neglect to comply –\n> \n> > > (a) with a lawful requirement of the Authority; or\n> > \n> > > (b) with any conditions determined by the Authority under [section 10](#GS10@EN) .\n> \n> Penalty:  Fine not exceeding 50 penalty units.","sortOrder":15},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Fees and charges","content":"### 14 Fees and charges\n\n> The Authority may –\n> \n> > > (a) impose a fee for any service it provides under this Act; and\n> > \n> > > (b) make a charge in respect of any legal costs incurred by it in relation to the granting of support under this Act.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Banking of money received","content":"### 15 Banking of money received\n\n> [*\\[Section 15 Amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019\\]*](/view/html/inforce/2019-07-01/act-2017-004#JS1@Ja105@GC1@EN) All money received by the Authority in relation to the Scheme is to be paid into the account kept for that purpose in the Public Account and applied in accordance with the Scheme.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Accounts","content":"### 16 Accounts\n\n> > (1)  The Authority must keep accounts of its transactions in relation to the Scheme.\n> \n> > (2)  The accounts kept under [subsection (1)](#GS16@Gs1@EN) form part of the accounts of the Authority.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Exemption from stamp duty","content":"### 17 Exemption from stamp duty\n\n> [*\\[Section 17 Amended by No. 15 of 2001, Sched. 2, Applied:01 Jul 2001\\]*](/view/html/inforce/2001-07-01/act-2001-015#JS2@Ja16@GC1@EN) An instrument made by the Authority for the purposes of this Act may be filed, recorded or registered without payment of any fee.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Regulations","content":"### 18 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  Without limiting [subsection (1)](#GS18@Gs1@EN) , regulations may be made with respect to –\n> > \n> > > > (a) the fees payable in respect of any matter under this Act; and\n> > > \n> > > > (b) the procedure in respect of an application or proceeding; and\n> > > \n> > > > (c) the duties and conduct of applicants for support under the Scheme; and\n> > > \n> > > > (d) the verification of any matter or thing.\n> \n> > (3)  Regulations made under this section may –\n> > \n> > > > (a) provide that a contravention of, or failure to comply with, any of the regulations is an offence; and\n> > > \n> > > > (b) in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 1 penalty unit for each day during which the offence continues.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Savings and transitional provisions","content":"### 19 Savings and transitional provisions\n\n> The transitional and savings provisions set out in [Schedule 2](#JS2@EN) have effect.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Validation","content":"### 20 Validation\n\n> The exercise and performance of any powers and duties by the Authority before the commencement of this Act to give effect to the objectives of the [Agreement](#JS1@EN) are as valid and effectual as if this Act had commenced.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Repeal","content":"### 21 Repeal\n\n> The [Rural Adjustment Act 1990](/view/html/inforce/2026-04-12/act-9999-999) is repealed.","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Administration of Act","content":"### 22 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004) –\n> \n> > > (a) the administration of this Act is assigned to the Minister for State Development and Resources; and\n> > \n> > > (b) the Department responsible to the Minister for State Development and Resources in relation to the administration of this Act is the Authority.","sortOrder":25},{"sectionNumber":"SCHEDULE 1 - The Agreement","sectionType":"part","heading":"SCHEDULE 1 - The Agreement","content":"# SCHEDULE 1 - The Agreement SCHEDULE 1 - The Agreement\n\n[Section 3](#GS3@EN)\n\n[![graphic image](/image/SG0050a.gif)](/image/SG0050a.gif)\n\n[![graphic image](/image/SG0050b.gif)](/image/SG0050b.gif)\n\n[![graphic image](/image/SG0050c.gif)](/image/SG0050c.gif)\n\n[![graphic image](/image/SG0050d.gif)](/image/SG0050d.gif)\n\n[![graphic image](/image/SG0050e.gif)](/image/SG0050e.gif)\n\n[![graphic image](/image/SG0050f.gif)](/image/SG0050f.gif)\n\n[![graphic image](/image/SG0050g.gif)](/image/SG0050g.gif)\n\n[![graphic image](/image/SG0050h.gif)](/image/SG0050h.gif)\n\n[![graphic image](/image/SG0050i.gif)](/image/SG0050i.gif)\n\n[![graphic image](/image/SG0050j.gif)](/image/SG0050j.gif)\n\n[![graphic image](/image/SG0050k.gif)](/image/SG0050k.gif)\n\n[![graphic image](/image/SG0050l.gif)](/image/SG0050l.gif)\n\n[![graphic image](/image/SG0050m.gif)](/image/SG0050m.gif)\n\n[![graphic image](/image/SG0050n.gif)](/image/SG0050n.gif)\n\n[![graphic image](/image/SG0050o.gif)](/image/SG0050o.gif)\n\n[![graphic image](/image/SG0050p.gif)](/image/SG0050p.gif)\n\n[![graphic image](/image/SG0050q.gif)](/image/SG0050q.gif)","sortOrder":26},{"sectionNumber":"SCHEDULE 2 - Savings and Trans","sectionType":"part","heading":"SCHEDULE 2 - Savings and Transitional Provisions","content":"# SCHEDULE 2 - Savings and Trans SCHEDULE 2 - Savings and Transitional Provisions\n\n[Section 19](#GS19@EN)\n\n> **1.   **Interpretation****\n> \n> > In this Schedule, ***repealed Act*** means the [Rural Adjustment Act 1990](/view/html/inforce/2026-04-12/act-9999-999) .\n\n> **2.   **Applications for financial assistance****\n> \n> > An application for financial assistance under the Scheme made under [section 9 of the repealed Act](/view/html/inforce/2026-04-12/act-1990-999#GS9@EN) which has not been dealt with immediately before the commencement of this Act is taken to have been made as an application for support under the Scheme under [section 9](#GS9@EN) of this Act.\n\n> **3.   **Advances and securities****\n> \n> > Any financial assistance given by the Authority and any security given in respect of such assistance under the [repealed Act](/view/html/inforce/2026-04-12/act-1990-999#) and in force immediately before the commencement of this Act continues to have effect as if they were given as support and security under this Act.\n\n> **4.   **Funds of Authority****\n> \n> > Any money held by or on behalf of, or payable to, the Authority under the [repealed Act](/view/html/inforce/2026-04-12/act-1990-999#) is held by or on behalf of, or payable to, the Authority under this Act.","sortOrder":27}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of the Act changed from its original intent. The document contains only administrative metadata and no substantive legislative text to analyse."},"complexity_factors":["Insufficient legislative content provided — only metadata and status information is present, not the substantive sections of the Act","Based on the title and context, the underlying Act likely involves intergovernmental funding arrangements (Commonwealth-State) which can add administrative complexity","Agricultural assistance schemes typically involve eligibility criteria and means testing, which can be complex for applicants to navigate","The Act has been in force since 1995 with amendments, suggesting layered changes over time"],"plain_english_summary":"This Tasmanian Act establishes a legal framework for providing financial assistance and support to farmers, rural producers, landholders and rural businesses facing economic hardship or needing to restructure operations to remain viable.\n\nIt matters because it underpins government loans, grants and other relief for drought, market or debt stress — but the supplied document contains only cover and metadata, not the Act’s substantive provisions, so detailed operation and eligibility can’t be assessed here."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation maintains its original purpose of providing financial assistance to farmers. The 1995 Act is a re-enactment continuing a Scheme dating back to 1977, with no significant expansion beyond the original farm sector support mandate. The reference to 'persons engaged in the farm sector' in section 6(1) is actually narrower than the original 'rural industries' language, suggesting a slight contraction rather than expansion of scope."},"complexity_factors":["The Act is relatively short (22 sections plus 2 schedules) with straightforward structure","Only 4 defined terms in section 3, though 'Agreement' incorporates an entire external document by reference","Heavy reliance on the Schedule 1 Agreement — the substantive eligibility criteria and detailed rules live there, not in the Act itself","Cross-references to multiple repealed Acts (1977, 1988, 1990 versions) for historical continuity","Some conditional logic in security provisions (section 11) with nested subsections for mortgages, chattels, and execution protection","Savings and transitional provisions in Schedule 2 are simple and mechanical"],"plain_english_summary":"This is a **Tasmanian law** (not Commonwealth) that continues a government program to help struggling farmers. Here's what it does:\n\n**The big picture**\nThe Act keeps running the **Rural Adjustment Scheme** — a program that gives financial help (loans and other assistance) to farmers who are having a hard time. This has been going since 1977, and this 1995 law just updates and continues it.\n\n**Who runs it**\nThe **Tasmanian Development Authority** (a state government body) administers the Scheme. The Authority can:\n- Receive applications from eligible farmers\n- Decide who gets support and on what conditions\n- Take security (like mortgages over land) to protect the government's money\n- Even buy and sell land if needed to meet the Scheme's objectives\n\n**Key rules for farmers**\n- Farmers must apply and can be required to provide statutory declarations (sworn statements) and financial documents\n- If they get support, they must actually work and manage their farm to the Authority's satisfaction — this condition cannot be removed\n- Loans are secured, meaning the Authority can claim the farmer's property if they don't pay back\n- Money from the loan is protected from other creditors chasing the farmer\n\n**What gets you in trouble**\n- Lying on your application (fine up to 50 penalty units)\n- Ignoring the Authority's requirements or conditions (same fine)\n\n**Other bits and pieces**\n- The \"Agreement\" mentioned throughout is a formal deal between Tasmania and the Commonwealth government (set out in Schedule 1, though only shown as images in this version)\n- The Act validates things the Authority did before the law officially started\n- It replaces the old 1990 Rural Adjustment Act and transfers existing applications and loans to the new system"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act continues the previous Rural Adjustment Scheme but expressly frames support as for persons \"engaged in the farm sector\" rather than the earlier broader reference to \"rural industries,\" indicating a narrower statutory focus (s6(1)). At the same time, Schedule 2 preserves existing applications, advances and securities made under the repealed Act so those prior entitlements continue under this Act (Sch 2 cl 2–4)."},"complexity_factors":["The Agreement in Schedule 1 is incorporated and given the force of law, with many definitions and operative details delegated to that Agreement rather than set out in the Act (s5(2), s3(3), Sch 1).","Broad discretionary powers granted to the Authority to determine eligibility, conditions, securities, trading in land and other operational matters create implementation complexity (ss6(2), 7, 8, 10, 11).","Multiple compliance burdens on applicants: form/manner of application, statutory declarations, production of documents, and a mandatory condition to manage the farm to the Authority’s satisfaction (s9, s10(2)).","Security and property provisions interact with land title and execution rules, and protect Authority interests against other creditors, which raises transactional and priority complexity (s11(1), (3), (4)).","Regulatory design permits the Governor to make offences and prescribe fees and procedures, dispersing substantive detail to delegated instruments (s18).","Savings, validation and transitional clauses preserve prior applications, loans and securities and validate pre‑commencement acts, requiring cross-referencing to earlier Acts and records (Sch 2 cl 2–4, s20, s21).","Administrative allocation and Crown‑binding clauses affect who decides and administrates the scheme, implicating interdepartmental arrangements (s4, s22).","Penalties are set in penalty units for key offences, but delegated instruments can create further criminalised conduct, adding enforcement layering (ss12–13, s18(3))."],"plain_english_summary":"This Act continues a state-run Rural Adjustment Scheme administered by the Tasmanian Development Authority to provide loans and other financial support to people in the farm sector. It gives the Agreement in Schedule 1 the force of law, vests wide discretion in the Authority over eligibility, conditions, securities and fees, requires applicants to give information and manage their farm, and creates offences for false statements or non‑compliance. Transitional clauses carry over existing applications and securities into the new Act."}},"importantCases":[],"_links":{"self":"/api/acts/rural-adjustment-act-1995","history":"/api/acts/rural-adjustment-act-1995/history","analysis":"/api/acts/rural-adjustment-act-1995/analysis","conflicts":"/api/acts/rural-adjustment-act-1995/conflicts","importantCases":"/api/acts/rural-adjustment-act-1995/important-cases","documents":"/api/acts/rural-adjustment-act-1995/documents"}}