{"id":"nsw:act-1989-097","name":"Rural Assistance Act 1989","slug":"rural-assistance-act-1989","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"97 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107087,"registerId":"nsw-act-1989-097-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\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Rural Assistance Act 1989](/view/html/inforce/current/act-1989-097).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) Except as provided by subsection (2), this Act commences on a day or days to be appointed by proclamation.\n> \n> > (2) Clause 3 of Schedule 3, and section 58 in its application to that clause, commence on the date of assent.","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Object of Act","content":"#### 2A Object of Act\n\n2A Object of Act\n\n> The object of this Act is to promote the efficient delivery of programs of assistance to farmers and other persons engaged in rural industries, and to other persons as provided by this Act.\n> \n> **s 2A:** Ins 2000 No 79, Sch 1 \\[1\\].","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Authority means the New South Wales Rural Assistance Authority constituted by this Act.\n> > \n> > Board means the New South Wales Rural Assistance Authority Board constituted by this Act.\n> > \n> > Crown Lands Acts means—\n> > \n> > > (a) the Crown Land Acts within the meaning of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), or\n> > \n> > > (b) such Acts as may be prescribed by the regulations.\n> > \n> > farm means the land on which a farmer engages in a farming operation.\n> > \n> > farmer means a person who is engaged in a farming operation and includes a person who owns land cultivated under a share-farming agreement and the personal representatives of a deceased farmer.\n> > \n> > farming operation means—\n> > \n> > > (a) a farming (including dairy farming, poultry farming and bee farming), pastoral, horticultural or grazing operation, or\n> > \n> > > (b) any other operation prescribed for the purposes of this definition.\n> > \n> > officer includes an employee.\n> \n> > (2) In this Act—\n> > \n> > > (a) a reference to a function includes a reference to a power, authority and duty, and\n> > \n> > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.\n> \n> > (3) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2000 No 79, Sch 1 \\[2\\]; 2000 No 92, Sch 8.23; 2007 No 27, Sch 2.46; 2017 No 17, Sch 4.87.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"New South Wales Rural Assistance Authority","content":"# Part 2 New South Wales Rural Assistance Authority\n\nPart 2 New South Wales Rural Assistance Authority","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Constitution of the Authority","content":"## Division 1 Constitution of the Authority\n\nDivision 1 Constitution of the Authority","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Constitution of the Authority","content":"#### 4 Constitution of the Authority\n\n4 Constitution of the Authority\n\n> > (1) There is constituted by this Act a corporation with the corporate name of the New South Wales Rural Assistance Authority.\n> \n> > (2) The Authority—\n> > \n> > > (a) has the functions conferred or imposed on it by or under this or any other Act, and\n> > \n> > > (b) is, for the purposes of any Act, a statutory body representing the Crown, and\n> > \n> > > (c) is, in the exercise of its functions, subject to the control and direction of the Minister.","sortOrder":7},{"sectionNumber":"Division 2","sectionType":"division","heading":"General functions of the Authority","content":"## Division 2 General functions of the Authority\n\nDivision 2 General functions of the Authority","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Provision of rural assistance","content":"#### 5 Provision of rural assistance\n\n5 Provision of rural assistance\n\n> The Authority shall, in accordance with this or any other Act, provide assistance, and administer programs for the provision of assistance, to farmers or other persons engaged in rural industries or any other persons eligible to obtain such assistance.\n> \n> **s 5:** Am 2000 No 79, Sch 1 \\[3\\].","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Review of programs of assistance etc","content":"#### 6 Review of programs of assistance etc\n\n6 Review of programs of assistance etc\n\n> The Authority may from time to time and shall at any time at the request of the Minister—\n> \n> > (a) review and report on the operation of any program for the provision of assistance to farmers or other persons, or\n> \n> > (b) report on any proposed program for the provision of assistance to farmers or other persons, or\n> \n> > (c) publish information concerning the provision of assistance to farmers or other persons, or\n> \n> > (d) advise the Minister on any matter relating to the provision of assistance to farmers or other persons or any other function of the Authority.\n> \n> **s 6:** Am 2000 No 79, Sch 1 \\[4\\].","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Arrangements with financial organisations","content":"#### 7 Arrangements with financial organisations\n\n7 Arrangements with financial organisations\n\n> > (1) The Authority may authorise a bank, building society or credit union to carry out any of the following functions—\n> > \n> > > (a) the lodging of applications for assistance,\n> > \n> > > (b) the payment of money by, or to, the Authority,\n> > \n> > > (c) the execution of documents on behalf of the Authority,\n> > \n> > > (d) the transaction of any business or the doing of any act (other than the determination of applications for assistance) that the Authority is authorised or required to transact or do in the exercise of its functions.\n> \n> > (2) The Authority may appoint agents, and act as agent for other persons.\n> \n> **s 7:** Am 1996 No 24, Sch 1.92 \\[1\\].","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Other functions","content":"#### 8 Other functions\n\n8 Other functions\n\n> > (1) The Governor may, by order, appoint the Authority to undertake (as an agent or otherwise) the exercise of the functions specified in the order on behalf of the Government or any body constituted by or under an Act.\n> \n> > (2) An order may make provision for the payment to the Authority of money owing to or held by the Government or the body with respect to the functions specified in the order and has effect according to its tenor.\n> \n> > (3) Persons may be employed in the Public Service under the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) to enable the Authority to exercise its functions.\n> > \n> > Note—\n> > \n> > Section 59 of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040) provides that the persons so employed (or whose services the Authority makes use of) may be referred to as officers or employees, or members of staff, of the Authority. Section 47A of the [Constitution Act 1902](/view/html/inforce/current/act-1902-032) precludes the Authority from employing staff.\n> \n> **s 8:** Am 2006 No 2, Sch 4.58 \\[1\\]; 2014 No 33, Sch 3.28 \\[1\\].","sortOrder":12},{"sectionNumber":"Division 3","sectionType":"division","heading":"Management of the Authority","content":"## Division 3 Management of the Authority\n\nDivision 3 Management of the Authority","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Constitution of the Board","content":"#### 9 Constitution of the Board\n\n9 Constitution of the Board\n\n> > (1) There shall be a New South Wales Rural Assistance Authority Board.\n> \n> > (2) The Board shall consist of—\n> > \n> > > (a) the Chief Executive of the Authority, and\n> > \n> > > (b) 6 part-time members appointed by the Minister.\n> \n> > (3) Of the part-time members—\n> > \n> > > (a) 2 shall be appointed to represent farmers, and\n> > \n> > > (b) 2 shall have such qualifications in banking or finance, farm management or an associated area as the Minister considers necessary to enable the Board to carry out its functions, and\n> > \n> > > (c) 2 are to have such backgrounds in social welfare, rural counselling, conservation or other areas as the Minister considers necessary to enable the Board to carry out its functions.\n> \n> > (4) Schedule 1 has effect with respect to the constitution and procedure of the Board.\n> \n> **s 9:** Am 1996 No 24, Sch 1.92 \\[2\\]; 1996 No 62, Sch 1 \\[1\\] \\[2\\].","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Functions of Board","content":"#### 10 Functions of Board\n\n10 Functions of Board\n\n> > (1) The Board has the following functions—\n> > \n> > > (a) to advise the Minister on the provision of assistance under this Act,\n> > \n> > > (b) to report to the Minister at least annually on—\n> > > \n> > > > (i) the effectiveness of programs of assistance implemented under this Act in meeting the Government’s objectives for those programs, and\n> > > \n> > > > (ii) the performance of the Authority in the delivery of assistance under programs implemented or administered under this Act,\n> > \n> > > (c) to determine the general policies of the Authority including by means of the setting of guidelines for the implementation of particular programs of assistance under this Act.\n> \n> > (2) In exercising those functions, the Board shall, as far as practicable, ensure that the activities of the Authority are carried out properly and efficiently.\n> \n> **s 10:** Am 2000 No 79, Sch 1 \\[5\\] \\[6\\].","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Chief Executive of the Authority","content":"#### 11 Chief Executive of the Authority\n\n11 Chief Executive of the Authority\n\n> The Chief Executive of the Authority is the person employed in the Public Service as the Chief Executive of the Authority.\n> \n> **s 11:** Subst 2014 No 33, Sch 3.28 \\[2\\].","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Chief Executive to manage the Authority","content":"#### 12 Chief Executive to manage the Authority\n\n12 Chief Executive to manage the Authority\n\n> > (1) The affairs of the Authority shall be managed and controlled by the Chief Executive in accordance with the policies of the Board.\n> \n> > (2) Any act, matter or thing done in the name of, or on behalf of, the Authority by the Chief Executive shall be taken to have been done by the Authority.","sortOrder":17},{"sectionNumber":"12A","sectionType":"section","heading":"Authority to provide Board with information","content":"#### 12A Authority to provide Board with information\n\n12A Authority to provide Board with information\n\n> The Authority must provide to the Board such information as the Board may from time to time request with respect to the following—\n> \n> > (a) the implementation by the Authority of guidelines advised by the Board in respect of particular programs of assistance under this Act,\n> \n> > (b) the delivery of assistance by the Authority under programs implemented or administered under this Act,\n> \n> > (c) the operation and management of the Authority.\n> \n> **s 12A:** Ins 2000 No 79, Sch 1 \\[7\\].","sortOrder":18},{"sectionNumber":"12B","sectionType":"section","heading":"Review of composition of Board","content":"#### 12B Review of composition of Board\n\n12B Review of composition of Board\n\n> At least once within each 5 year period occurring from the commencement of this section the Minister is to review the requirements of this Act as to the composition of the Board for the purpose of ensuring that decisions of the Board continue to reflect community views on rural assistance and disaster relief issues.\n> \n> **s 12B:** Ins 2000 No 79, Sch 1 \\[7\\].","sortOrder":19},{"sectionNumber":"Division 4","sectionType":"division","heading":null,"content":"## Division 4\n\nDivision 4\n\n13, 14 (Repealed)\n\n**pt 2, div 4 (ss 13, 14):** Rep 2006 No 2, Sch 4.58 \\[2\\].","sortOrder":20},{"sectionNumber":"Part 3","sectionType":"part","heading":"Provision of assistance","content":"# Part 3 Provision of assistance\n\nPart 3 Provision of assistance","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Applications for assistance","content":"#### 15 Applications for assistance\n\n15 Applications for assistance\n\n> > (1) A farmer or another person engaged in a rural industry, or any other person eligible to apply to the Authority for assistance under this or any other Act or under any program administered by the Authority, may apply to the Authority for assistance.\n> \n> > (2) An application shall—\n> > \n> > > (a) be in the form approved by the Authority, and\n> > \n> > > (b) identify the assistance sought, and\n> > \n> > > (c) include the particulars prescribed by the regulations, and\n> > \n> > > (d) be accompanied by such information and documents as the Authority may require, and\n> > \n> > > (e) be lodged at the office of the Authority.\n> \n> > (3) The Authority may, with the consent of the applicant, amend an application.\n> \n> **s 15:** Am 2000 No 79, Sch 1 \\[8\\] \\[9\\].","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Determination of applications","content":"#### 16 Determination of applications\n\n16 Determination of applications\n\n> > (1) The Authority shall determine an application for assistance—\n> > \n> > > (a) by granting assistance to the applicant, or\n> > \n> > > (b) by refusing to grant assistance to the applicant.\n> \n> > (2) If the Authority refuses to grant assistance, the Authority shall, as soon as practicable after so refusing, cause notice of the refusal to be served on the applicant.\n> \n> > (3) The Authority may grant assistance of a kind that is different from the assistance applied for.","sortOrder":24},{"sectionNumber":"17","sectionType":"section","heading":"Matters to be considered","content":"#### 17 Matters to be considered\n\n17 Matters to be considered\n\n> > (1) In determining an application for assistance, the Authority shall consider any matter that it is required, by or under this or any other Act, to consider in relation to any such application.\n> \n> > (2) The regulations may prescribe matters to be considered either generally or in relation to a particular class of assistance.","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Programs of assistance","content":"#### 18 Programs of assistance\n\n18 Programs of assistance\n\n> > (1) The Authority may establish programs for the grant of assistance to farmers and other persons engaged in rural industries, for the following purposes—\n> > \n> > > (a) increasing the level of investment in sustainable land and water management practices,\n> > \n> > > (b) increasing the level of investment in self-preparedness measures that assist them in responding to adjustment pressures and industry downturns,\n> > \n> > > (c) ensuring the availability of short-term assistance in times of natural disaster,\n> > \n> > > (d) such other purposes in connection with the carrying on of farming operations or rural industries as the Minister may from time to time determine to be appropriate to be the subject of a program of assistance under this Act.\n> \n> > (2) Under such a program the Authority may grant assistance for any one or more of the following purposes—\n> > \n> > > (a) effecting permanent improvements to a farm (including fencing, fodder or grain storage facilities, stockyards and water supplies of a minor nature),\n> > \n> > > (b) effecting production improvements to a farm (including pasture improvement, fodder conservation and stock improvement),\n> > \n> > > (c) providing relief to a person who is, in the opinion of the Authority, in urgent and genuine need of assistance due to losses suffered through natural disaster,\n> > \n> > > (d) such other purposes as the Minister may from time to time determine.\n> \n> > (3) Without limiting the generality of subsection (2) (c), assistance may be provided under that paragraph for the following purposes—\n> > \n> > > (a) replacing lost or damaged farm improvements and stock,\n> > \n> > > (b) enabling farming operations to continue,\n> > \n> > > (c) providing fodder,\n> > \n> > > (d) such other purposes (including any purposes for which assistance may be granted under subsection (2) (a), (b) or (d)) as the Minister may from time to time determine.\n> \n> > (4) Before determining that a grant of assistance to a farmer or person engaged in a rural industry be made, the Authority must consider the principles of ecologically sustainable development described in section 6 (2) of the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060).\n> \n> **s 18:** Subst 2000 No 79, Sch 1 \\[11\\].","sortOrder":27},{"sectionNumber":"19","sectionType":"section","heading":null,"content":"#### 19\n\n19, 20 (Repealed)","sortOrder":28},{"sectionNumber":"21","sectionType":"section","heading":"Assistance which may be granted","content":"#### 21 Assistance which may be granted\n\n21 Assistance which may be granted\n\n> > (1) The Minister may from time to time determine the kind of assistance which may be granted either generally or in a particular class of cases.\n> \n> > (2) The Authority may grant assistance under this Division by way of—\n> > \n> > > (a) an interest subsidy of interest payable on, or the associated costs of, a loan, or both, or\n> > \n> > > (b) a loan, or\n> > \n> > > (c) such other means as the Minister may from time to time determine.","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Conditions of assistance","content":"#### 22 Conditions of assistance\n\n22 Conditions of assistance\n\n> The Authority may, in granting assistance under this Act, impose such terms and conditions on the grant of assistance as it thinks fit and may, for that purpose, enter into a contract or agreement with any person to whom it grants assistance.","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Loans etc","content":"#### 23 Loans etc\n\n23 Loans etc\n\n> Loans may be made by the Authority on such securities and subject to such terms and conditions as may determined by the Minister either generally or in a particular class of cases (including provision for payment of interest at a rate fixed by the Treasurer).","sortOrder":32},{"sectionNumber":"24","sectionType":"section","heading":"Charges on land","content":"#### 24 Charges on land\n\n24 Charges on land\n\n> > (1) Any money lent under this Act together with all interest on that money and any costs of recovery of that money is a charge in favour of the Authority over any estate or interest in land of the person to whom the money is lent.\n> \n> > (2) The charge has no effect unless—\n> > \n> > > (a) in the case of an estate or interest in land under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025)—the Authority lodges with the Registrar-General a caveat against any dealings not consistent with the charge, or\n> > \n> > > (b) in the case of an estate or interest in any other land—the Authority registers the charge in the register of causes, writs and orders affecting land kept in the office of the Registrar-General.","sortOrder":33},{"sectionNumber":"25","sectionType":"section","heading":"Administration of Commonwealth and other programs","content":"#### 25 Administration of Commonwealth and other programs\n\n25 Administration of Commonwealth and other programs\n\n> > (1) The Minister may, by order, appoint the Authority as the authority to administer (either wholly or partly) a program to provide assistance to—\n> > \n> > > (a) farmers or other persons engaged in rural industries, or\n> > \n> > > (b) persons who have disposed of or are disposing of their farms, or\n> > \n> > > (c) other persons,\n> > \n> > being a program that would not otherwise be administered by the Authority.\n> \n> > (2) Without limiting the generality of subsection (1), the Minister may appoint the Authority as the authority to administer a program that—\n> > \n> > > (a) is established by or under a Commonwealth Act or pursuant to an agreement between the State and the Commonwealth, or\n> > \n> > > (b) is not established by or under any Act.\n> \n> > (3) An order appointing the Authority as the authority to administer (either wholly or partly) any such program may confer specified functions on the Authority.\n> \n> > (4) If an appointment is made under this section, the Authority may—\n> > \n> > > (a) to the extent specified in the order, administer the program concerned, and\n> > \n> > > (b) exercise any functions conferred by the order as well as (subject to this Act) do all such things as are necessary for, or incidental to, the administration of the program, and\n> > \n> > > (c) grant any kind of assistance required or permitted to be granted under the program.\n> \n> > (5) The regulations may make provision with respect to the exercise of functions conferred by an order under this section or the administration of any program which the Authority administers by virtue of this section.\n> \n> **s 25:** Am 2000 No 79, Sch 1 \\[13\\].","sortOrder":35},{"sectionNumber":"26","sectionType":"section","heading":"Financial arrangements","content":"#### 26 Financial arrangements\n\n26 Financial arrangements\n\n> > (1) Any money held or received by the State for the purposes of a program that the Authority is appointed to administer under section 25 shall be paid into the Rural Assistance Authority Fund.\n> \n> > (2) Except where the Treasurer otherwise determines, the Authority shall keep money held for the purposes of a particular program in a separate account in the Rural Assistance Authority Fund.\n> \n> **s 26:** Am 2000 No 79, Sch 1 \\[14\\].","sortOrder":36},{"sectionNumber":"27","sectionType":"section","heading":"Acquisition of land etc","content":"#### 27 Acquisition of land etc\n\n27 Acquisition of land etc\n\n> > (1) If, for the purposes of administering a program referred to in section 25, the Authority is required or permitted to acquire or dispose of land, the Authority may acquire or dispose of that land even though—\n> > \n> > > (a) a consent or permission required by or under a prescribed Act has not been obtained or granted, or\n> > \n> > > (b) the Authority is not qualified by or under a prescribed Act to hold that land.\n> \n> > (2) The Authority shall not, for the purposes of administering a program referred to in section 25, dispose of land to, or lend money for the acquisition of land by, a person if the price of the land exceeds—\n> > \n> > > (a) the fair market value of the land, or\n> > \n> > > (b) the maximum price, as determined by the Authority, at which a competent person could succeed if the land were acquired by such a person under the program,\n> > \n> > whichever is the lesser.\n> \n> > (3) In this section, fair market value, in relation to land, means the fair market value of the land as determined by the Authority, having regard to the productive capacity of the land under fair average seasons, prices and conditions and to such other matters as the Authority considers relevant.\n> \n> **s 27:** Am 2000 No 79, Sch 1 \\[14\\].","sortOrder":37},{"sectionNumber":"Part 4","sectionType":"part","heading":"Provisions relating to debtors and Crown lands","content":"# Part 4 Provisions relating to debtors and Crown lands\n\nPart 4 Provisions relating to debtors and Crown lands","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Authority’s powers with respect to debtors etc","content":"#### 35 Authority’s powers with respect to debtors etc\n\n35 Authority’s powers with respect to debtors etc\n\n> > (1) The Authority may, despite the provisions of any other Act or regulations made under any such Act—\n> > \n> > > (a) waive the payment by a person of any money to which this section applies, or\n> > \n> > > (b) waive the payment by a person of any interest payable on money to which this section applies, or\n> > \n> > > (c) fix the terms of payment of and the rate of interest to be paid on money to which this section applies or, if payment has been waived in part, on the residue of that money, or\n> > \n> > > (d) amend the terms of repayment of money to which this section applies, whether or not by suspending or allowing further time for payment, or\n> > \n> > > (e) write off either wholly or partly money to which this section applies which, in the opinion of the Authority, is not recoverable, or\n> > \n> > > (f) take any action to enable the recovery of money to which this section applies, to secure its repayment or to preserve or protect a security for its repayment, such as the selling or foreclosing of mortgaged property and taking a new or additional security or postponing a security.\n> \n> > (2) This section applies to money owed by a person to—\n> > \n> > > (a) the Rural Assistance Board as constituted under the Rural Assistance Act 1932 in respect of assistance granted or administered by that Board, or\n> > \n> > > (b) the State Bank in respect of an advance made by the Bank under Division 2, 3 or 5 of Part 4 of the [State Bank Act 1981](/view/pdf/asmade/act-1981-89) or under the [Farm Water Supplies Act 1946](/view/html/inforce/current/act-1946-022) or by virtue of an order made under section 37 of the [State Bank Act 1981](/view/pdf/asmade/act-1981-89) appointing the Bank to carry out functions under the [Soil Conservation Act 1938](/view/html/inforce/current/act-1938-010), or\n> > \n> > > (c) the State Bank in respect of an advance made by the Bank under any other prescribed provision of an Act, or\n> > \n> > > (d) the Authority in respect of assistance granted before or after the commencement of this section, or\n> > \n> > > (e) any other person or body prescribed for the purposes of this section by the regulations.\n> \n> **s 35:** Am 1991 No 94, Sch 1.","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Effect of Crown Lands Acts","content":"#### 36 Effect of Crown Lands Acts\n\n36 Effect of Crown Lands Acts\n\n> > (1) The powers and remedies conferred on the Authority under this Act are not in any way limited by the provisions of the Crown Lands Acts.\n> \n> > (2) Nothing in the Crown Lands Acts invalidates or affects a mortgage or transfer given or made to the Authority to secure any loan or interest on a loan or any remedy for the recovery of the loan or interest.\n> \n> > (3) Any such mortgage or transfer may be given or made, and any sale or foreclosure may be effected, even though the land the subject of the mortgage or transfer could not under the terms of the Crown Lands Acts be so transferred, assigned or otherwise dealt with.","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Consent not required to the registration of certain transfers","content":"#### 37 Consent not required to the registration of certain transfers\n\n37 Consent not required to the registration of certain transfers\n\n> > (1) Despite anything to the contrary in the Crown Lands Acts or in the regulations under those Acts, the consent of the Minister administering any of those Acts or of any other person is not required in connection with the registration of transfers to the Authority to secure loans made under this Act or in connection with the registration of transfers by ways of release of mortgage to the original borrower.\n> \n> > (2) If the Authority exercises its power of sale, under or by virtue of any mortgage or other security, of any land held under the Crown Lands Acts, the transfer by way of sale under those Acts made in the exercise of the Authority’s power of sale shall, subject to compliance by the purchaser with subsection (3), be registered despite the non-payment, at the time of registration, of any amounts due to the Crown.\n> \n> > (3) The purchaser acquiring land in pursuance of any transfer referred to in subsection (2) shall undertake to pay the amount due to the Crown, as so referred to, at the times and in the manner to be agreed on by the Minister administering the Act under which the money is owed and the Authority.","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Conditions attached to land sold on default of mortgagor","content":"#### 38 Conditions attached to land sold on default of mortgagor\n\n38 Conditions attached to land sold on default of mortgagor\n\n> > (1) If land is sold by the Authority for non-payment of principal or interest payable in respect of a loan or for breach of any covenant in the mortgage securing a loan—\n> > \n> > > (a) the land is freed from any charge in respect of the loan, and\n> > \n> > > (b) where the land was at the time of the sale subject to conditions prescribed by the Crown Lands Acts, the purchaser shall hold it subject to those conditions but freed from any liability for any breach before the sale of any such condition.\n> \n> > (2) The purchaser shall have 6 months from the time of sale to comply with any unfulfilled improvement conditions in relation to the land.","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Forfeited Crown lands securities","content":"#### 39 Forfeited Crown lands securities\n\n39 Forfeited Crown lands securities\n\n> > (1) In this section, appropriate person, in relation to any land, means—\n> > \n> > > (a) except as provided by paragraph (b), the Minister administering the Act under which the land is held, or\n> > \n> > > (b) the person prescribed in relation to that land by the regulations for the purposes of this subsection.\n> \n> > (2) If land which is subject to a mortgage, lien or charge in favour of the Authority is forfeited under the Crown Lands Acts—\n> > \n> > > (a) the land vests in the Authority for a period of 2 years commencing with the date on which the forfeiture takes effect, or for such longer period after that date as the appropriate person determines, and\n> > \n> > > (b) within one month after the date the forfeiture takes effect, or such longer period as may be agreed to by the Authority, the appropriate person shall notify the Authority in writing whether or not the appropriate person intends to discharge the Authority’s claim, and\n> > \n> > > (c) if the appropriate person notifies the Authority of an intention to discharge the Authority’s claim, the land, on receipt by the Authority of that notification—\n> > > \n> > > > (i) is divested from the Authority, and\n> > > \n> > > > (ii) becomes subject to the provisions of the Crown Lands Acts, as if a loan had not been made by the Authority,\n> > > \n> > > and the amount of the claim shall be paid to the Authority in pursuance of that notification by the appropriate person before the end of the then current financial year, and\n> > \n> > > (d) if the appropriate person notifies the Authority that it does not intend to discharge the Authority’s claim or requests the Authority to sell the land, the Authority may sell the land to any person.\n> \n> > (3) The purchaser of land sold under this section shall hold it subject to any conditions prescribed by the Crown Lands Acts which, at the date of the forfeiture, were binding on the former holder but freed from any liability for any breach before the sale of any such conditions.\n> \n> > (4) The purchaser has 6 months from the time of the sale to comply with any unfulfilled improvement conditions in relation to the land.\n> \n> > (5) The proceeds of any sale under this section shall be applied—\n> > \n> > > (a) firstly, in payment of any outstanding money due under the Crown Lands Acts at the date of the forfeiture, not exceeding one year’s rent or instalment, as the case may be, and\n> > \n> > > (b) secondly, in satisfaction of the claim of the Authority, and\n> > \n> > > (c) thirdly, in payment of any further amount due to the Crown at the date of the forfeiture.\n> \n> > (6) Any balance remaining after the application of the proceeds of a sale in accordance with this section shall be paid into the Consolidated Fund.\n> \n> > (7) If the proceeds of any sale made under subsection (2) (d) are, after being applied in accordance with this section, insufficient for payment in full of any further amount due to the Crown referred to in subsection (5) (c), the balance due to the Crown is appropriated by this section for payment out of the Consolidated Fund.\n> \n> > (8) If the Authority at any time within the period referred to in subsection (2) (a) gives notice in writing to the appropriate person that it is unable to sell the land, the land may, subject to subsection (9), be disposed of as Crown land under the Crown Lands Acts, and any money received by the appropriate person in respect of the improvements on the land shall, to the extent of the Authority’s claim, be paid to the Authority.\n> \n> > (9) At any time before the appropriate person notifies that the land is available for any class of holding the Authority may revoke in writing any notice given by it under subsection (8) and that subsection ceases to have any effect in respect of the land.\n> \n> > (10) A sale made under subsection (2) (d) may be made on such terms and conditions as the Authority thinks fit.\n> \n> > (11) On any sale under subsection (2) (d), the purchaser is not bound to see or inquire as to whether a case has arisen to authorise the sale.\n> \n> > (12) The Authority may, while any land is vested in it under this section, lease or otherwise manage the land and any amount received by the Authority in respect of the land, as rent or otherwise, shall be applied in reduction of the amount due to the Authority in respect of the land.","sortOrder":44},{"sectionNumber":"40","sectionType":"section","heading":"Powers etc of Authority in respect of land vested in it","content":"#### 40 Powers etc of Authority in respect of land vested in it\n\n40 Powers etc of Authority in respect of land vested in it\n\n> > (1) If any land is vested in the Authority by the operation of section 39, the Authority may, while the land remains so vested, make any application or exercise any right, power or privilege which under the Crown Lands Acts might be made or exercised by a holder or owner, subject to mortgage, of land of the same tenure which is not liable for forfeiture.\n> \n> > (2) If, in consequence of any application made or right, power or privilege exercised by the Authority under subsection (1), the tenure of the land so vested in the Authority is altered, the Authority may exercise the powers conferred on it by section 39 as if the land vested in it had been land of the altered tenure.","sortOrder":45},{"sectionNumber":"Part 5","sectionType":"part","heading":"Financial provisions","content":"# Part 5 Financial provisions\n\nPart 5 Financial provisions","sortOrder":46},{"sectionNumber":"41","sectionType":"section","heading":"Rural Assistance Authority Fund","content":"#### 41 Rural Assistance Authority Fund\n\n41 Rural Assistance Authority Fund\n\n> There shall be established in the Special Deposits Account in the Treasury a Rural Assistance Authority Fund.","sortOrder":47},{"sectionNumber":"42","sectionType":"section","heading":"Payments into the Fund","content":"#### 42 Payments into the Fund\n\n42 Payments into the Fund\n\n> There shall be paid into the Rural Assistance Authority Fund—\n> \n> > (a) all money received by or on account of the Authority, and\n> \n> > (b) all money advanced to the Authority by the Treasurer or appropriated by Parliament for the purposes of the Authority, and\n> \n> > (c) all other money required by or under this or any other Act to be paid into the Fund.","sortOrder":48},{"sectionNumber":"43","sectionType":"section","heading":"Payments from the Fund","content":"#### 43 Payments from the Fund\n\n43 Payments from the Fund\n\n> There shall be paid from the Rural Assistance Authority Fund—\n> \n> > (a) all payments made on account of the Authority or otherwise required to meet expenditure incurred in relation to the functions of the Authority, and\n> \n> > (b) all other payments required by or under this or any other Act to be paid from the Fund.","sortOrder":49},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"# Part 6 Miscellaneous\n\nPart 6 Miscellaneous","sortOrder":50},{"sectionNumber":"44","sectionType":"section","heading":"Misleading applications","content":"#### 44 Misleading applications\n\n44 Misleading applications\n\n> > (1) If, in or in relation to an application made to the Authority, a person makes any statement knowing it to be false or otherwise wilfully misleads the Authority, the Authority may recover from the person the whole or any part of any expense incurred or loss suffered by it as a result of being misled by the person.\n> \n> > (2) Any amount recoverable by the Authority under this section may be recovered as a debt in a court of competent jurisdiction.","sortOrder":51},{"sectionNumber":"45","sectionType":"section","heading":"Repeated applications","content":"#### 45 Repeated applications\n\n45 Repeated applications\n\n> > (1) If—\n> > \n> > > (a) a person makes an application to the Authority which is refused, and\n> > \n> > > (b) the person makes a subsequent application to the Authority which is not substantially different from and has no greater merit than the application referred to in paragraph (a),\n> > \n> > the Authority may, if the Minister consents in writing to the Authority so doing, serve on the person a notice stating that the Authority will not deal with any further application made by the person unless the person pays to the Authority such expenses with respect to that further application as may be required to be paid by the Authority.\n> \n> > (2) If the Authority has served on a person a notice under this section, the Authority is not obliged to consider any further application made to it by the person unless the amount required to be paid to the Authority under this section in respect of the further application has been paid.\n> \n> > (3) If any such further application is refused or granted and the Authority is of the opinion that the further application is substantially different from or has greater merit than the application made by that person and referred to in subsection (1) (a), the Authority shall refund to that person the expenses paid.","sortOrder":52},{"sectionNumber":"46","sectionType":"section","heading":"Authority may call up loans etc obtained by false statement","content":"#### 46 Authority may call up loans etc obtained by false statement\n\n46 Authority may call up loans etc obtained by false statement\n\n> > (1) If the Authority is satisfied that a person to whom it has granted assistance has made a statement to the Authority knowing it to be false or has otherwise wilfully misled the Authority (whether before or after the Authority granted the assistance) in or in relation to the application for the assistance, the Authority may, by notice served on the person—\n> > \n> > > (a) call up any loan or other money provided as assistance, and\n> > \n> > > (b) exercise its rights under any security relating to the loan or other money.\n> \n> > (2) If the Authority calls up a loan or other money under this section, the money is due and payable as from the date specified in the notice calling up the money.","sortOrder":53},{"sectionNumber":"47","sectionType":"section","heading":"Seal of the Authority","content":"#### 47 Seal of the Authority\n\n47 Seal of the Authority\n\n> The seal of the Authority shall be kept by the Chief Executive of the Authority and shall be affixed to a document only—\n> \n> > (a) in the presence of the Chief Executive or a member of the staff of the Authority authorised in that behalf by the Chief Executive, and\n> \n> > (b) with an attestation by the signature of the Chief Executive or that member of staff of the fact of the affixing of the seal.","sortOrder":54},{"sectionNumber":"48","sectionType":"section","heading":"Personal liability of certain persons","content":"#### 48 Personal liability of certain persons\n\n48 Personal liability of certain persons\n\n> No matter or thing done by the Authority, a member of the Board or a person acting under the direction of the Authority or of a member of the Board shall, if the matter or thing was done in good faith for the purposes of executing this or any other Act, subject a member of the Board or a person so acting personally to any action, liability, claim or demand.","sortOrder":55},{"sectionNumber":"49","sectionType":"section","heading":"Recovery of charges etc by the Authority","content":"#### 49 Recovery of charges etc by the Authority\n\n49 Recovery of charges etc by the Authority\n\n> Any charge, fee or money due to the Authority may be recovered by the Authority as a debt in any court of competent jurisdiction.","sortOrder":56},{"sectionNumber":"50","sectionType":"section","heading":"Delegation by the Authority","content":"#### 50 Delegation by the Authority\n\n50 Delegation by the Authority\n\n> > (1) The Authority may delegate to an authorised person any of the functions of the Authority, other than this power of delegation.\n> \n> > (2) A delegate may sub-delegate to an authorised person any function delegated by the Authority if the delegate is authorised in writing to do so by the Authority.\n> \n> > (3) In this section, authorised person means—\n> > \n> > > (a) an officer of the Authority, or\n> > \n> > > (b) a person of a class prescribed by the regulations or of a class approved by the Board.","sortOrder":57},{"sectionNumber":"51","sectionType":"section","heading":"Service of documents","content":"#### 51 Service of documents\n\n51 Service of documents\n\n> > (1) A document may be served on the Authority by leaving it at, or by sending it by post to—\n> > \n> > > (a) the office of the Authority, or\n> > \n> > > (b) if it has more than one office—any one of its offices.\n> \n> > (2) A notice or other document required to be served on a person under this Act may be served by sending it by post to the last known place of residence or business of the person.\n> \n> > (2A) A document, including a notice, may also be served on the Authority or another person by electronic transmission to an address or location specified by the Authority or person for the service of documents of that kind.\n> \n> > (3) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on the Authority or a person in any other manner.\n> \n> **s 51:** Am 2022 No 59, Sch 1.34.","sortOrder":58},{"sectionNumber":"52","sectionType":"section","heading":"Proof of certain matters not required","content":"#### 52 Proof of certain matters not required\n\n52 Proof of certain matters not required\n\n> In any legal proceedings, proof is not required (until evidence is given to the contrary) of—\n> \n> > (a) the constitution of the Authority or the Board, or\n> \n> > (b) any resolution of the Board, or\n> \n> > (c) the appointment of, or the holding of office by, any member of the Board, or\n> \n> > (d) the presence of a quorum at any meeting of the Board.","sortOrder":59},{"sectionNumber":"53","sectionType":"section","heading":"Proceedings for offences","content":"#### 53 Proceedings for offences\n\n53 Proceedings for offences\n\n> Proceedings for an offence against this Act or the regulations shall be dealt with summarily before the Local Court.\n> \n> **s 53:** Am 2007 No 94, Sch 4.","sortOrder":60},{"sectionNumber":"54","sectionType":"section","heading":"Applications to court for directions","content":"#### 54 Applications to court for directions\n\n54 Applications to court for directions\n\n> > (1) If, in the administration of this Act, a question arises as to—\n> > \n> > > (a) the rights of any creditor or alleged creditor, or\n> > \n> > > (b) the validity of any act done or proceeding taken under this Act, or\n> > \n> > > (c) the extent of the powers of the Authority,\n> > \n> > the creditor or alleged creditor or the Authority may refer the question to the Supreme Court or the District Court for decision.\n> \n> > (2) The decision of the Court on the question is final and conclusive.\n> \n> > (3) The costs of the proceeding shall be in the discretion of the Court.\n> \n> > (4) Rules of court may be made with respect to procedure and practice in any such proceedings.","sortOrder":61},{"sectionNumber":"55","sectionType":"section","heading":"Act binds Crown","content":"#### 55 Act binds Crown\n\n55 Act binds Crown\n\n> > (1) This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.\n> \n> > (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence.","sortOrder":62},{"sectionNumber":"56","sectionType":"section","heading":"Disclosure of information","content":"#### 56 Disclosure of information\n\n56 Disclosure of information\n\n> A person shall not disclose any information obtained in connection with the administration or execution of this Act (or any other Act conferring or imposing functions on the Authority) unless the disclosure is made—\n> \n> > (a) with the consent of the person from whom the information was obtained, or\n> \n> > (b) in connection with the administration or execution of this Act (or any such other Act), or\n> \n> > (c) for the purposes of any legal proceedings arising out of this Act (or any such other Act) or of any report of any such proceedings, or\n> \n> > (d) in accordance with a requirement imposed under the [Ombudsman Act 1974](/view/html/inforce/current/act-1974-068), or\n> \n> > (e) with other lawful excuse.\n> \n> Maximum penalty—20 penalty units or imprisonment for 6 months, or both.","sortOrder":63},{"sectionNumber":"57","sectionType":"section","heading":"Regulations","content":"#### 57 Regulations\n\n57 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.","sortOrder":64},{"sectionNumber":"58","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 58 Savings, transitional and other provisions\n\n58 Savings, transitional and other provisions\n\n> Schedule 3 has effect.","sortOrder":65},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Constitution and procedure of New South Wales Rural Assistance Authority Board","content":"# Schedule 1 Constitution and procedure of New South Wales Rural Assistance Authority Board\n\nSchedule 1 Constitution and procedure of New South Wales Rural Assistance Authority Board\n\n(Section 9 (4))\n\n**sch 1:** Am 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2009 No 49, Sch 2.53; 2014 No 33, Sch 3.28 \\[3\\] \\[4\\].","sortOrder":66},{"sectionNumber":"13","sectionType":"section","heading":"Voting","content":"#### 13 Voting\n\n13 Voting\n\n> A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.","sortOrder":79},{"sectionNumber":"14","sectionType":"section","heading":"Transaction of business outside meetings or by telephone etc","content":"#### 14 Transaction of business outside meetings or by telephone etc\n\n14 Transaction of business outside meetings or by telephone etc\n\n> > (1) The Board may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the Board for the time being, and a resolution in writing approved in writing by a majority of those members shall be taken to be a decision of the Board.\n> \n> > (2) The Board may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone, closed-circuit television or other means, but only if any member who speaks on a matter before the meeting can be heard by the other members.\n> \n> > (3) For the purposes of—\n> > \n> > > (a) the approval of a resolution under subclause (1), or\n> > \n> > > (b) a meeting held in accordance with subclause (2),\n> > \n> > the Chairperson and each member of the Board have the same voting rights they have at an ordinary meeting of the Board.\n> \n> > (4) A resolution approved under subclause (1) shall, subject to the regulations, be recorded in the minutes of the Board.\n> \n> > (5) Papers may be circulated among members of the Board for the purposes of subclause (1) by facsimile or other transmission of the information in the papers concerned.","sortOrder":80},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Am 1989 No 105, Sch 1. Rep 2014 No 33, Sch 3.28 \\[5\\].","sortOrder":82},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 3 Savings, transitional and other provisions\n\nSchedule 3 Savings, transitional and other provisions\n\n(Section 58)\n\n**sch 3:** Am 1989 No 195, Sch 1; 1996 No 62, Sch 1 \\[3\\] \\[4\\].","sortOrder":83}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act consolidates and continues the functions of the earlier Rural Assistance Board and takes on functions formerly exercised by the State Bank in relation to rural assistance (sch 3 Parts 3–4). It establishes a new statutory Authority with explicit power to design state programs, make loans and grants, hold funds in a Treasury special deposit account, and to be appointed to administer Commonwealth or other externally created programs (ss 5, 18, 21, 25, 26; sch 3 Part 4). The Act also provides specific mechanisms for acquiring, holding and disposing of land for program administration and preserves/enforces the Authority’s mortgage and security rights notwithstanding Crown Lands Acts (ss 27, 36–40). Those provisions extend the Authority’s administrative and financial reach beyond simple grant‑making to include assumption of prior State Bank advances, program administration on behalf of external entities, and statutory powers over Crown land securities (sch 3; ss 25–27, 36–40)."},"complexity_factors":["Multiple delegated decisionmakers (Minister, Board, Chief Executive, authorised persons) with overlapping roles (ss 4, 9, 10, 12, 50)","Broad discretionary powers over loan terms, waivers, write‑offs and recovery (ss 23, 35, 46)","Interaction and express override/qualification with other legislation, especially Crown Lands Acts and prior State Bank arrangements (ss 36–40; sch 3 Part 4)","Financial architecture requiring Treasury special deposit fund, separate accounts and transfers from predecessor bodies (ss 41–43, 26, sch 3)","Ability to be appointed to administer external/Commonwealth programs by Ministerial order, requiring orders and regulations for scope and implementation (s 25)","Property and security registration rules that depend on land title regimes and Registrar‑General actions (s 24)","Transitional and savings provisions transferring existing contracts, proceedings and securities to the Authority (sch 3)","Regulatory and evidentiary simplifications and procedural rules (ss 15–17, 51, 52, 57) that rely on subordinate instruments"],"plain_english_summary":"What this law does (mechanically)\n\n- Creates a statutory body called the New South Wales Rural Assistance Authority (the Authority) and a part‑time Board to govern broad policy for the Authority (ss 4, 9, 10). The Chief Executive (a public service officer) manages and controls the Authority’s day‑to‑day affairs in accordance with Board policy (ss 11, 12).  Schedule 1 sets Board procedures and membership rules (sch 1).\n\n- Authorises the Authority to provide and administer programs of assistance to farmers and other people engaged in rural industries (s 5). The Authority may design state programs that include capital and production improvements, disaster relief, and other purposes as the Minister directs (s 18). The Authority may grant loans, interest subsidies, or other assistance forms (ss 21–23).  Before grants are approved the Authority must consider ecologically sustainable development principles when required (s 18(4)).\n\n- Sets a standard application and determination process: applicants must use Authority forms and provide prescribed particulars and documents; the Authority may grant, refuse or grant a different kind of assistance (ss 15–17, 16(3)).\n\n- Provides financial and security arrangements: loans made by the Authority become charges over the borrower’s land and must be registered in the appropriate land registers to take effect (s 24). The Minister can set loan security, interest rates and other terms (s 23). The Act establishes a Rural Assistance Authority Fund in the Treasury for receipts and appropriations used for Authority programs (ss 41–43, 26).\n\n- Gives the Authority broad debt powers: it can waive, vary, write off, call up or otherwise vary repayment terms of money owed to it or certain predecessor bodies, and take recovery action (s 35). The Authority may recover losses from people who knowingly give false information in applications and may call up loans obtained by false statements (ss 44, 46).\n\n- Allows the Minister to appoint the Authority to administer other programs (including Commonwealth programs or programs established outside Acts) and to specify functions and financial handling for those programs (s 25). Money held for such programs must be paid into the Rural Assistance Authority Fund and can be kept in separate accounts (ss 26, 25(4)).\n\n- Grants the Authority powers specific to Crown land and dealings thereon: the Act preserves and enforces mortgage and security rights notwithstanding Crown Lands Acts; the Authority can take or sell land subject to Crown procedures in specific circumstances and the Act sets how proceeds are applied (ss 36–40, 37, 39).\n\n- Establishes administrative features: delegation to authorised officers (s 50); requirements for board information flows (s 12A); confidentiality limits and a penalty for unlawful disclosure (s 56); procedures for service of documents including electronic service (s 51); and summary jurisdiction for offences (s 53).\n\nWho this affects\n\n- Primary: farmers and persons engaged in rural industries who apply for or receive assistance, or who have existing loans or securities registered in their favor or against their land (ss 5, 15, 21, 24).\n\n- Secondary: purchasers of Crown land subject to Authority sales, lenders or financial institutions that act as agents for the Authority, the Treasurer (who provides advances and appropriations), and Ministerial offices that make appointments or issue orders (ss 7, 25, 26, 42, 4(2)(c)).\n\nWhy it matters (stated purposes and practical consequences)\n\n- Stated purpose: the Act’s object is to promote efficient delivery of programs of assistance to farmers and rural industries (s 2A).\n\n- Practical consequences: the Act centralises administration of rural assistance in a statutory Authority with powers to design programs, make loans and grants, manage funds, take security over land, and administer external programs on the State’s behalf (ss 5, 21, 25, 26, 24). That centralisation concentrates decision‑making authority in the Minister, the Board and the Chief Executive (ss 4, 9, 10, 12), while giving the Authority discretion over loan terms, waivers, and debt recovery (ss 23, 35, 46).\n\nCosts, incentives and trade‑offs (mechanisms, not judgement)\n\n- Who pays: assistance is funded from the Rural Assistance Authority Fund, which comprises money received by the Authority, Treasurer advances, and parliamentary appropriations (ss 41–43, 42). Recipients who receive loans are subject to repayment and security obligations (ss 23, 24); the Authority may recover costs from applicants who mislead it (s 44). The Crown is bound by the Act but not criminally liable under it (s 55).\n\n- Incentives for applicants and lenders: applicants must supply prescribed information and meet conditions; incorrect or misleading statements can trigger recovery or loan recall (ss 15, 44, 46). The Authority can license banks, credit unions or building societies to lodge applications, accept payments, execute documents and transact other business as agent (s 7), which creates a contractual channel between private financial institutions and the Authority.\n\n- Ministerial and bureaucratic discretion: the Minister (and regulations) determine key features — types of assistance, loan securities, Board appointments and the Authority’s appointment to administer other programs (ss 21, 23, 9, 25). The Authority itself has broad discretion to impose conditions, enter contracts, grant or refuse assistance, waive debts and call up loans (ss 16, 22, 35, 46). These points concentrate decision rights with political and administrative offices and create potential implementation variation (ss 4, 9, 12).\n\n- Compliance and administrative burden: applicants must use approved forms and provide prescribed particulars and documents (s 15). Recipients with loans must allow registration of charges over land and comply with mortgage conditions and possible improvement conditions attached to Crown land sales (ss 24, 38, 39). The Authority must keep and provide information to the Board on implementation and delivery (s 12A). Regulations may prescribe additional matters to be considered at application stage (s 17).\n\n- Interaction with other laws and market effects: the Act expressly preserves and enforces the Authority’s mortgage and security rights despite Crown Lands Acts and allows certain transfers and sales to be registered without ministerial consent in specified circumstances (ss 36, 37, 39). The Authority may acquire or dispose of land for program administration even where prescribed consents are missing or the Authority is not otherwise qualified to hold the land (s 27). Those mechanisms affect property transaction procedures and the enforceability of securities.\n\nImplementation risks and opportunity costs\n\n- Reliance on Ministerial orders and regulations to define program scope, account treatment and administrative detail (ss 25, 26, 57) means practical operation depends heavily on secondary instruments and executive decisions.\n\n- The Act consolidates functions previously exercised by other bodies (schedules and transitional provisions) and transfers funds, rights and pending proceedings to the Authority (sch 3 Part 4). That consolidation may concentrate program administration and the fiscal cost of assistance in the Authority’s Fund (ss 15, 25, 26).\n\nConcentrated benefits and diffuse costs (mechanism only)\n\n- Benefits of individual grants and loans flow directly to recipients (farmers and rural businesses) who meet conditions (ss 18–23). Costs of programs are met from the Authority Fund, including Treasurer advances and parliamentary appropriations, spreading fiscal cost through public accounts (ss 42, 41). The Minister and Board structure determines which assistance categories are supported (ss 21, 10).\n\nWhere decisions are taken (who decides)\n\n- The Minister: appoints Board members, determines categories of assistance in certain respects, may appoint the Authority to administer external programs, and ministers may remove Chairperson or appointed members (ss 9, 21, 25, sch 1 cl 2, cl 6).\n\n- The Board: advises the Minister, sets general policies and guidelines for implementation, and must be provided with information on program implementation by the Authority (ss 10, 12A).\n\n- The Chief Executive and officers: manage daily operations, execute documents by authority, and may delegate functions to authorised persons (ss 12, 7, 50).\n\nKey compliance, discretion and market effects, with section references\n\n- Application and documentation burden (s 15).\n- Ministerial control over program scope and assistance kinds (ss 21, 25).\n- Authority discretion on loan terms, waivers, write‑offs and recovery (ss 23, 35, 46).\n- Ability to register charges and sell mortgaged or forfeited Crown land, with obligations for purchasers and application of sale proceeds (ss 24, 38, 39, 40).\n- Fund structure and public funding inputs (ss 41–43, 26, 42).\n- Confidentiality of information obtained in administration with criminal penalty for unauthorised disclosure (s 56).\n\nThis summary describes how the Act operates, who is affected, who pays, and where decisions and discretions sit. It attributes the Act’s stated objective (s 2A) and then maps the practical mechanisms that implement that objective and the trade‑offs those mechanisms create (sections cited)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1989 Act appears to have been a consolidation/replacement of the Rural Assistance Act 1932. However, the 2000 amendments (No 79) significantly expanded scope beyond traditional farm loans. The object clause (s 2A) was added to emphasize 'efficient delivery of programs,' and s 18 was substituted to include ecologically sustainable development principles, self-preparedness measures, and broader 'adjustment pressures' beyond just drought. The Authority also gained explicit power to administer non-NSW programs (s 25) and assist people disposing of farms, moving it from a simple lender to a comprehensive rural adjustment agency. The repeated amendments (1996, 2000, 2006, 2007, 2014, 2017, 2022) show continuous scope creep into environmental sustainability, disaster resilience, and administrative efficiency."},"complexity_factors":["Multiple repealed sections and divisions (ss 13-14, 19-20, 28-34, Schedule 2) creating a patchwork structure","Extensive transitional provisions in Schedule 3 dealing with predecessor bodies (Rural Assistance Board 1932, State Bank agencies) and preserving old rights","Cross-references to 10+ other Acts including Crown Land Management Act 2016, Real Property Act 1900, Protection of the Environment Administration Act 1991, and various Commonwealth Acts","Conditional logic in debt recovery powers (s 35) with 6 distinct sub-powers and 5 categories of applicable debts spanning historical institutions","Complex Crown land provisions (ss 36-40, 39(5)-(7)) with tiered distribution of sale proceeds and nested exceptions for forfeited securities","Nested definitions: 'farming operation' includes prescribed operations; 'Crown Lands Acts' points to current or prescribed legislation","Dual application structure: Authority runs both NSW programs (Part 3, Div 2) AND Commonwealth/other programs (Part 3, Div 3) with different rules","Board composition requirements (s 9(3)) mandate specific expertise categories with 2+2+2 structure"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **New South Wales Rural Assistance Authority** — a government body that helps farmers and rural businesses get financial support. Think of it as a one-stop shop for rural aid programs.\n\n**Who it affects:**\n- **Farmers** (including share-farmers and their estates)\n- **Rural industry workers** (pastoralists, horticulturalists, graziers, beekeepers, etc.)\n- **Financial institutions** (banks, credit unions) that partner with the Authority\n- **People leaving farming** (those selling or disposing of farms)\n\n**Key things the Authority can do:**\n- **Give loans and subsidies** — including interest subsidies, direct loans, and grants for things like fencing, water supplies, pasture improvement, or recovering from natural disasters\n- **Run assistance programs** — both NSW Government programs and Commonwealth (federal) programs that NSW administers on behalf of Canberra\n- **Help during emergencies** — providing urgent relief after droughts, floods, or other disasters\n- **Work with banks** — letting banks lodge applications and handle payments on the Authority's behalf\n- **Manage debts flexibly** — it can waive debts, change repayment terms, write off unrecoverable loans, or take legal action to recover money\n\n**Special powers over Crown land:**\nThe Act gives the Authority unusual flexibility when dealing with **Crown land** (government-owned land leased to farmers). Normally, strict rules apply to selling or mortgaging such land. This Act lets the Authority:\n- Take mortgages on Crown land even when normal rules would prevent it\n- Sell forfeited land (land taken back by the government due to lease violations) to recover debts\n- Skip needing ministerial approval for certain transfers\n\n**Governance:**\n- A **Board** of 7 people oversees the Authority (the Chief Executive plus 6 part-time members representing farmers, finance experts, and social welfare/conservation backgrounds)\n- The Board sets policy; the Chief Executive runs day-to-day operations\n- Members must disclose conflicts of interest and can be removed for misconduct or absence\n\n**Why it matters:**\nThis law ensures there's a dedicated, flexible government body to keep rural NSW viable — helping farmers invest in sustainable practices, survive natural disasters, and transition out of farming when necessary. It consolidates various older assistance schemes under one roof and lets NSW administer federal rural aid programs efficiently."},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The number of amendments (at least seven significant versions since 2001) strongly suggests the Act's scope has evolved from its original 1989 form. Rural assistance legislation typically expands over time to address new challenges such as drought, climate events, and changing agricultural economics. However, without access to the actual text or explanatory materials, the precise nature and direction of any scope changes cannot be confirmed."},"complexity_factors":["The actual legislative text was not provided — only metadata and website navigation were available, making full analysis impossible","The Act has been amended at least seven times since 2001, suggesting accumulated layers of changes that may create complexity in the current version","Rural assistance schemes typically involve eligibility criteria, means testing, and administrative processes that can be difficult for applicants to navigate","Interaction with Commonwealth rural assistance programs may create complexity around which level of government provides what support","Score is conservatively low given the absence of actual legislative text to assess"],"plain_english_summary":"## Rural Assistance Act 1989 (NSW)\n\n**What is this law?**\nThis is a New South Wales law that has been in place since 1989 and sits under the responsibility of the NSW Minister for Agriculture. Based on the available information, it establishes a framework for providing **financial assistance to rural and farming communities** in NSW.\n\n**Who does it affect?**\nPrimarily NSW farmers, rural landholders, and agricultural businesses who may need government support — particularly during hardship such as drought, natural disasters, or economic difficulty.\n\n**Why does it matter?**\nIt gives the government a legal basis to offer assistance programs (such as loans, grants, or other financial support) to rural communities. Without this Act, the government would have no formal authority to run such programs.\n\n**Important caveat:** The document provided contains only the metadata and navigation structure of the legislation — not the actual text of the Act itself. The full provisions, eligibility criteria, types of assistance available, and application processes are **not visible** in the material provided. This summary is therefore limited to what can be reasonably inferred from the Act's title, history, and administrative context.\n\n**What we can see:**\n- The Act has been amended multiple times since 1989, with significant updates in 2006, 2007, 2009, 2014, 2018, and 2023 — suggesting it has evolved considerably over time\n- The most recent version took effect on **13 January 2023**\n- It is administered by the **NSW Minister for Agriculture**"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/rural-assistance-act-1989","history":"/api/acts/rural-assistance-act-1989/history","analysis":"/api/acts/rural-assistance-act-1989/analysis","conflicts":"/api/acts/rural-assistance-act-1989/conflicts","importantCases":"/api/acts/rural-assistance-act-1989/important-cases","documents":"/api/acts/rural-assistance-act-1989/documents"}}