{"id":"rural-industry-adjustment-and-development-act-1985","name":"Rural Industry Adjustment and Development Act 1985","slug":"rural-industry-adjustment-and-development-act-1985","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":106730,"registerId":"sa-rural-industry-adjustment-and-development-act-1985-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Rural Industry Adjustment and Development Act 1985","content":"South Australia\nRural Industry Adjustment and Development Act 1985\nAn Act to establish the Rural Industry Adjustment and Development Fund; and for other purposes.\n\nContents\n1\tShort title\n4\tInterpretation\n5\tThe Fund\n6\tMinister may authorise payments into Fund\n7\tMinister may authorise payments out of Fund\n8\tPower of Minister to make loans for certain purposes\n9\tPower of Minister to make grants for certain purposes\n10\tApplications for loans or grants\n11\tInformation furnished by applicants to be kept confidential\n12\tDelegation by the Minister\n13\tSummary offences\n14\tAccounts and audit\n15\tAnnual report\n16\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Rural Industry Adjustment and Development Act 1985.\n4—Interpretation\nIn this Act unless the contrary intention appears—\ndeclared fund means the Rural Industry Assistance Fund, the Rural Industry Adjustment Fund and any other fund declared by the Minister, by notice published in the Gazette, to be a declared fund;\nthe Fund means the Rural Industry Adjustment and Development Fund, established under this Act;\nfarmer means a person engaged in the growing of crops or the rearing of animals in this State, and farm and farming have corresponding meanings.\n5—The Fund\n\t(1)\tThere shall be a fund at the Treasury entitled the Rural Industry Adjustment and Development Fund.\n\t(2)\tThere shall be paid into the Fund—\n\t(a)\tany amounts authorised by the Minister under section 6; and\n\t(b)\tany amounts received by the Minister in repayment of a loan made under this Act.\n\t(3)\tThere shall be paid out of the Fund—\n\t(a)\tany amount authorised by the Minister under section 7; and\n\t(b)\tany expenses certified by the Treasurer as having been incurred in the administration of this Act.\n6—Minister may authorise payments into Fund\n\t(1)\tWhere the amount standing to the credit of a declared fund exceeds the relevant amount, the Minister may authorise payment from the declared fund into the Fund of all, or part, of the excess.\n\t(2)\tIn this section—\nthe relevant amount, in relation to a declared fund, means an amount standing to the credit of the declared fund that is, in the opinion of the Minister, adequate to meet the obligations of the State under the Act under which the declared fund was established.\n7—Minister may authorise payments out of Fund\nThe Minister may authorise payment out of the Fund of any amount for the purposes of making a loan under section 8 or a grant under section 9.\n8—Power of Minister to make loans for certain purposes\n\t(1)\tSubject to subsection (2), the Minister may make a loan, upon terms and conditions determined by the Minister, to assist—\n\t(a)\ta farmer to—\n\t(i)\tdevelop a farm; or\n\t(ii)\tmake adjustments to the farming methods or practices employed by the farmer,\nwith a view to improving the efficiency or the management of the farm; or\n\t(b)\tany person to undertake a project or research for the benefit of farmers, or any class of farmers.\n\t(2)\tThe making of a loan to a person under subsection (1) is subject to the following provisions:\n\t(a)\tthe Minister must be satisfied—\n\t(i)\tthat the person would not be able to obtain the loan upon reasonable terms and conditions except from the Minister; and\n\t(ii)\tin the case of a loan to a farmer—that there are reasonable prospects of the farm being financially viable; and\n\t(b)\tthe person must give such security as the Minister requires for repayment of the loan; and\n\t(c)\twhere the rate of interest charged on the loan is less than a commercial rate of interest—the Minister must review the rate at least once every 3 years, with a view to increasing it to a commercial rate at the earliest practicable opportunity; and\n\t(d)\tthe person must comply with, or agree to comply with, any other conditions that the Minister may impose.\n9—Power of Minister to make grants for certain purposes\n\t(1)\tThe Minister may make grants for the purposes of—\n\t(a)\tfunding any project or research for the benefit of farmers, or any class of farmers; or\n\t(b)\tassisting the development of farming, or any class of farming; or\n\t(c)\tassisting the development of any part of the State for farming, or any class of farming.\n\t(2)\tA person receiving a grant under subsection (1) must comply with, or agree to comply with, such conditions as the Minister may impose.\n10—Applications for loans or grants\n\t(1)\tAn application for a loan or grant under this Act must be made in writing to the Minister.\n\t(2)\tAn applicant for a loan or grant must furnish the Minister with all information required by the Minister in relation to the proposal in respect of which the loan or grant is sought.\n\t(3)\tA person who, in connection with an application for a loan or grant under this Act, furnishes to the Minister any information, knowing it to be false or misleading in a material particular, shall be guilty of an offence and liable to a penalty not exceeding $1 000.\n11—Information furnished by applicants to be kept confidential\nA person who is or has been engaged in the administration of this Act shall not disclose information as to a person's affairs furnished in connection with an application for a loan or grant under this Act except—\n\t(a)\tin the course of the administration of this Act; or\n\t(b)\tin pursuance of an obligation imposed by law; or\n\t(c)\twith the consent of the person to whose affairs the disclosure relates.\nPenalty: $1 000.\n12—Delegation by the Minister\n\t(1)\tThe Minister may delegate to any person any power or function of the Minister under this Act.\n\t(2)\tA delegation under this section—\n\t(a)\tmay be made subject to such conditions as the Minister thinks fit; and\n\t(b)\tis revocable at will and does not derogate from the power of the Minister to act in any matter personally.\n13—Summary offences\nThe offences constituted by this Act are summary offences.\n14—Accounts and audit\n\t(1)\tThe Minister shall cause proper accounts to be kept in relation to the Fund.\n\t(2)\tThe Auditor-General may at any time, and shall at least once in every year, audit the accounts of the Fund.\n15—Annual report\n\t(1)\tThe Minister shall, on or before the thirty-first day of October in each year, cause a report to be prepared on the administration of this Act during the year ending on the preceding thirtieth day of June.\n\t(2)\tThe report must incorporate the audited statement of accounts of the Fund for the period to which the report relates.\n\t(3)\tThe Minister shall, within 14 sitting days of receipt of a report under subsection (1), cause copies of the report to be laid before each House of Parliament.\n16—Regulations\nThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Rural Industry Adjustment and Development Act 1985 amended the following:\nRural Industry Assistance Act 1977\nRural Industry Assistance (Special Provisions) Act 1971\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n1985\n68\nRural Industry Adjustment and Development Act 1985\n6.6.1985\n27.6.1985 (Gazette 20.6.1985 p2182)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\nss 2 & 3\nomitted under Legislation Revision and Publication Act 2002\n\nSchs 1 and 2\nomitted under Legislation Revision and Publication Act 2002\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the text provided, the Act stays focused on its original purpose: establish a dedicated Fund and provide for loans and grants to support farm development and research (ss5, 8–9). The instrument consolidates funding mechanics, ministerial powers, accountability (audit/reporting) and basic offences. The legislative-history notes show administrative revisions (omissions under the Legislation Revision and Publication Act 2002) but no substantive expansion of the Act’s scope beyond establishing and operating the Fund. Therefore the Act has not, in the provided text, grown significantly beyond its original purpose."},"complexity_factors":["Short Act: 16 substantive sections only (ss1,4–16)","Small number of defined terms (3: declared fund, the Fund, farmer) (s4)","Limited cross-references: refers to other \"declared funds\" established under other Acts but does not embed complex external regimes (s4, s6)","Wide but simple discretionary powers vested in the Minister (ss6–9, 12) rather than detailed multi-step eligibility rules","One periodic statutory review obligation (interest-rate review every 3 years) (s8(2)(c))","Standard administrative provisions (confidentiality, delegation, audit, annual report) with straightforward procedures (ss11,12,14,15)","Few offences and low penalty amounts ($1,000) (ss10(3), 11)"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Creates a government-controlled bank account called the Rural Industry Adjustment and Development Fund held at the Treasury (s5).\n- Specifies what may be paid into the Fund: amounts the Minister authorises (s6) and repayments of loans made from the Fund (s5(2)).\n- Specifies what may be paid out of the Fund: amounts the Minister authorises for loans or grants (s7) and administrative expenses certified by the Treasurer (s5(3)).\n- Gives the Minister power to make loans to farmers (to develop a farm or change farming practices for better efficiency/management) or to other people to carry out projects or research that benefit farmers (s8(1)).\n  - Loan conditions: the Minister sets terms; the borrower must show they cannot obtain similar finance on reasonable terms elsewhere and (for farmers) that the farm is likely to be financially viable; the borrower must give security as required; if the interest rate is below commercial the Minister must review it at least every 3 years with a view to raising it to a commercial rate (s8(2)).\n- Gives the Minister power to make grants for projects or research benefiting farmers, to assist development of farming generally, or to assist development of particular parts of the State for farming (s9). Grants are subject to conditions the Minister imposes (s9(2)).\n- Sets out application and information rules: applications must be in writing; applicants must supply information demanded by the Minister; knowingly giving false or misleading information is an offence with a penalty up to $1,000 (s10).\n- Requires confidentiality for information supplied with applications, except where disclosure is needed for administration, required by law, or consented to by the person concerned (penalty $1,000) (s11).\n- Allows the Minister to delegate any power under the Act, subject to conditions and revocable at will (s12).\n- Requires proper accounts, annual audits by the Auditor‑General, and an annual report containing audited accounts to be laid before Parliament (ss14–15).\n- Enables the Governor to make regulations needed to implement the Act (s16).\n\n**Who is affected**\n\n- Primary recipients: farmers in South Australia and persons or organisations carrying out projects or research for farmers (definitions: “farmer” = a person engaged in growing crops or rearing animals in the State) (s4).\n- Decision-maker: the Minister (with power to delegate) decides who gets loans or grants, sets conditions, and controls transfers into and out of the Fund (ss6–9, 12).\n- Payors / financiers: the Fund itself pays loans and grants. The Fund can be topped up by transfers from other declared funds (s6) and by loan repayments (s5). Administrative costs are met from the Fund (s5(3)(b)). Ultimately the State (i.e. taxpayers and other statutory funds designated as \"declared funds\") bear the net cost when disbursements exceed repayments.\n- Administrators and auditors: Treasury and the Auditor‑General administer and audit the Fund (ss5, 14).\n\n**Why it matters (official purpose, then practical effects and trade‑offs)**\n\nOfficial purpose-claim: the Act establishes a dedicated public fund and authorises loans and grants to support farm development, adjustments in farming practice, and research/projects that benefit farmers (ss5, 8–9).\n\nTested against costs, incentives and implementation mechanics:\n\n- Who pays: disbursements come from the Fund; the Fund may be topped up by transfers from other declared funds where the Minister deems there to be an ‘‘excess’’ (s6). That creates a mechanism where resources originally held for other statutory purposes can be redirected into this Fund at ministerial discretion (s6(1)–(2)). Administrative and opportunity costs fall on the State and ultimately taxpayers or those other funds.\n\n- Who decides: the Minister has wide discretionary power over (a) authorising transfers into/out of the Fund (ss6–7), (b) eligibility and terms for loans and grants, including subjective satisfaction tests (s8(2)(a)), and (c) conditions attached to assistance (ss8(1), 8(2)(d), 9(2)). Delegation is permitted (s12). That concentrates decision-making in the executive.\n\n- Behavioural effects and incentives: by providing loans or grants where commercial finance is unavailable or unattractive, the Fund can enable investment in farm efficiency and research that might otherwise not occur. Where loans carry below-commercial interest the Act requires periodic review (s8(2)(c)), but subsidised financing can also crowd out private lenders or create dependency if not time-limited. Applicants must demonstrate inability to obtain reasonable terms elsewhere (s8(2)(a)(i)), which is intended to limit crowding-out but relies on assessment by the Minister.\n\n- Compliance and administrative burden: applicants must apply in writing and supply requested information (s10). There are confidentiality protections for applicants (s11). Penalties for false or unauthorized disclosure are modest under the Act ($1,000) (ss10(3), 11).\n\n- Risks and trade-offs: the Act’s key trade-offs are between targeted public support for agricultural adjustment/research and risks of discretionary allocation, rent-seeking, and substitution of public finance for private markets. The Act contains subjective statutory tests (for example, the Minister must be “satisfied” that a person could not obtain a loan on reasonable terms elsewhere (s8(2)(a)(i)) and may move money from other declared funds when, in the Minister’s opinion, those funds exceed the amount needed to meet their statutory obligations (s6(2))). Those subjective standards create implementation risk (inconsistent decisions, appeals pressure) and concentration of benefit among successful applicants.\n\n- Accountability mechanisms: annual audited accounts and a required annual report to Parliament (ss14–15) provide oversight; offences for false statements and confidentiality breaches provide some legal guardrails (ss10–11). However, much of the substantive discretion lies with the Minister rather than with prescriptive statutory eligibility criteria.\n\n**Net effect in plain terms**\n\n- The Act establishes a state-held fund to provide targeted financial assistance (loans and grants) for farming development and research. It centralises decision-making authority with the Minister, creates a funding pipeline that can draw on other declared funds at ministerial discretion, and imposes modest application and reporting requirements. Recipients gain potential access to subsidised or otherwise preferential finance; the State (and possibly other statutory funds) bears the cost and administrative responsibility. The law aims to fill financing gaps and support agricultural development but relies on ministerial judgment to allocate scarce public resources (see ss5–9, 14–15)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope. The legislative history shows only technical amendments under the Legislation Revision and Publication Act 2002 (omitting spent provisions and renumbering), with no substantive expansion of the Fund's purposes or eligible beneficiaries. The Act remains focused on its original intent: establishing a specific fund for rural industry adjustment and development through loans and grants."},"complexity_factors":["Only 4 defined terms in the interpretation section (declared fund, the Fund, farmer, farm/farming)","Straightforward structure with 16 sections, no schedules remaining (schedules 1 and 2 were omitted)","Minimal cross-referencing — primarily internal references between sections 5-7 regarding Fund operations","Simple conditional logic: loans require ministerial satisfaction of two criteria (no commercial availability + viability prospects)","No nested exceptions or complex provisos — section 11 has a simple three-part exception to confidentiality","Standard administrative provisions (delegation, offences, accounts, annual reports) follow conventional patterns","Penalty provisions are fixed amounts ($1,000) rather than complex calculation formulas"],"plain_english_summary":"This South Australian law creates a government bank account called the **Rural Industry Adjustment and Development Fund** to help farmers and rural industries.\n\n**What it does:**\n- Sets up a special fund at the Treasury that receives money from other rural assistance funds (when they have excess cash) and from loan repayments\n- Allows the Minister to make **loans** to farmers who can't get commercial bank loans, specifically to:\n  - Develop their farms\n  - Change their farming methods to become more efficient\n- Allows the Minister to make **grants** (money that doesn't need to be repaid) for:\n  - Research projects that benefit farmers\n  - Developing farming in particular areas\n  - Developing specific types of farming\n\n**Who it affects:**\n- **Farmers** — defined as people growing crops or raising animals in South Australia\n- **Researchers** — anyone doing projects that benefit farmers\n- **Rural communities** — through regional development funding\n\n**Key protections:**\n- Loan applicants must prove they can't get reasonable terms from banks\n- The Minister must believe the farm can become financially viable\n- Interest rates must be reviewed every 3 years if they're below commercial rates\n- Information provided by applicants is confidential\n- False information on applications carries a $1,000 fine\n\n**Why it matters:**\nThis is essentially a government-backed financial safety net for South Australian agriculture. It recognises that banks won't always lend to struggling farmers or risky rural projects, so the state steps in with loans and grants to keep farms operating and rural industries developing. The Act also ensures transparency through annual reports to Parliament and audits by the Auditor-General."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not accessible. No content was available to compare against any original intent or purpose."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","The complexity score of 1 reflects the absence of content to analyse, not the Act's actual complexity","A meaningful complexity assessment would require access to the full Act text"],"plain_english_summary":"The Rural Industry Adjustment and Development Act 1985 is a South Australian statute focused on supporting rural industries. Though the text is unavailable here, its title indicates it targets farmers, agricultural businesses and rural communities to facilitate adjustment and development.\n\nThat likely means programs or powers for financial assistance, restructuring support, or development initiatives to help rural industries respond to economic change."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/rural-industry-adjustment-and-development-act-1985","history":"/api/acts/rural-industry-adjustment-and-development-act-1985/history","analysis":"/api/acts/rural-industry-adjustment-and-development-act-1985/analysis","conflicts":"/api/acts/rural-industry-adjustment-and-development-act-1985/conflicts","importantCases":"/api/acts/rural-industry-adjustment-and-development-act-1985/important-cases","documents":"/api/acts/rural-industry-adjustment-and-development-act-1985/documents"}}