3Interpretation

#### 3 Interpretation (1) In this Act, unless the contrary intention appears, the following definitions have the same meaning as in the Social Security Act 1991: > armed services widow > armed services widower > asset > Australian resident > austudy payment > bank > combined couple rate of pension supplement > Commonwealth funded employment program > illness separated couple > job search allowance > maximum basic rate > member of a couple > newstart allowance > officer > partial capacity to work > partner > partner allowance > partnered > partnered (partner in gaol) > Pension Rate Calculator A > prescribed educational scheme > RAS authority > respite care couple > service pension > social security benefit > social security pension > youth allowance. (2) In this Act, unless the contrary intention appears: > ABN (short for Australian Business Number) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999. > activity plan has the meaning given by subsection 8B(3). > advance qualification day means: (a) for a person qualifying for a clean energy advance because of a determination made under subsection 8G(1) or 8H(1)—the day that determination is made; or (b) for a person qualifying for a clean energy advance because of a determination made under subsection 8G(2)—the day specified in that determination because of subsection 8G(3); or (c) for a person qualifying for a clean energy advance because of a determination made under subsection 8H(2) or (3)—the day specified in that determination because of subsection 8H(4). > advice on financial outlook has the meaning given by subsection 8B(2). > applicable rate has the meaning given by section 24. > certificate of inability to obtain finance has the meaning given by section 4. > Chief Executive Centrelink has the same meaning as in the Human Services (Centrelink) Act 1997. > clean energy advance means an advance described in section 8G, 8H or 24F. > clean energy advance daily rate has the meaning given by section 24D. > clean energy advance period means: (a) for a person qualifying under section 8G for a clean energy advance—the period starting on 1 July 2012 and ending on 19 March 2013; or (b) for a person qualifying under subsection 8H(1) or (2) for a clean energy advance—the period starting on 1 July 2012 and ending on 30 June 2013; or (c) for a person qualifying under subsection 8H(3) for a clean energy advance—the period starting on 1 July 2013 and ending on 31 December 2013. > dairy exit payment means a payment under the DEP scheme. > dairy‑type grant means a re‑establishment grant designated under the farm help re‑establishment grant scheme as a dairy‑type grant. > decision has the same meaning as in the Administrative Appeals Tribunal Act 1975. > DEP scheme means the scheme referred to in section 52C. > exempt assets means: (a) if a person is a farmer: (i) any right or interest of the person in the land used for the purposes of the farm enterprise in relation to which the person is a farmer; and (ii) any farm plant and machinery, farm livestock or other asset essential for the effective running of the farm enterprise; and (iii) any rights of the person under an insurance policy in relation to the person’s life or under a superannuation scheme; and (b) if a person carries on a small business: (i) any right or interest of the person in land used for the purposes of the business; and (ii) any plant and machinery, stock or other asset essential for the effective running of the business; and (iii) any rights of the person under an insurance policy in relation to the person’s life or under a superannuation scheme. > exempt livestock proceeds means proceeds of a forced disposal of farm livestock by a person at a time when an exceptional circumstances certificate referred to in section 8A applies to the person, or during a period in respect of which farm help income support is payable to the person, to the extent to which the proceeds are invested in: (a) a deposit under the Loan (Income Equalization Deposits) Act 1976; or (aa) a farm management deposit (within the meaning of the Income Tax Assessment Act 1997); or (b) a deposit with a term of at least 3 months with a bank or other institution that receives money on deposit. > farm enterprise means an enterprise carried on within any of the agricultural, horticultural, pastoral, apicultural or aquacultural industries. > farmer means a person who has a right or interest in the land used for the purposes of a farm enterprise. > farm help advice and training scheme means the scheme referred to in section 52B. > farm help re‑establishment grant scheme means the scheme referred to in section 52A. > farm help scheme payment commencement day is the day on which item 2 of Schedule 1 to the Farm Household Support Amendment Act 2000 commenced. > farm help scheme payments means payments of the following kinds: (a) payments of farm help income support; (b) payments of re‑establishment grants; (c) payments of farm help advice and training grants. > finance institution means: (a) a bank; or (b) any other prescribed institution, being an institution that makes finance available to farmers. > former RAS (Part C) beneficiary means a person who: (a) immediately before the commencement of this Act was receiving Part C assistance by way of loans under a RAS scheme; and (b) is, and has continuously been from the commencement of this Act, receiving farm household support. > Human Services Department means the Department administered by the Human Services Minister. > Human Services Minister means the Minister administering the Human Services (Centrelink) Act 1997. > industry services body has the same meaning as in the Dairy Produce Act 1986. > liquid assets, in relation to a person, has the same meaning as in section 198N of the Social Security Act 1991. > Note: The expression is defined for the purposes of that section in section 19B of that Act. > maximum fortnightly rate, in relation to a person, means the rate determined by the Secretary under Division 1 of Part 4 to be the maximum fortnightly rate at which farm household support may be paid to the person. > number of advance days has the meaning given by section 24E. > off‑farm salary and wages has the meaning given by subsection 24A(7). > pension age has the same meaning as in the Social Security Act 1991 (otherwise than when used in Part 3.14A or 3.14B of that Act in relation to a person who is a veteran (within the meaning of the Veterans’ Entitlements Act 1986)). > RAS scheme means a scheme of assistance established and operated by a State or Territory under the agreement between the Commonwealth and that State or Territory executed on behalf of the Commonwealth under section 4 of the States Grants (Rural Adjustment) Act 1988. > re‑establishment grant means a grant under the farm help re‑establishment grant scheme. > sale of a farm enterprise means a transaction as a result of which the rights or interests of a person in: (a) a farm enterprise; and (b) the land used for the purposes of the farm enterprise; are transferred to another person. > Secretary means the Secretary of the Department. > severe financial hardship has the meaning given in section 5. > small business means a business with less than 100 employees. > Note: Subsection (3) sets out how this is to be worked out where there are part‑time employees. > youth allowance age has the same meaning as in Part 2.11 of the Social Security Act 1991. > youth disability supplement has the same meaning as in Module D of the Youth Allowance Rate Calculator in the Social Security Act 1991. > youth training allowance means a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973 as in force before 1 July 1998. (3) In counting employees for the purposes of the definition of small business in subsection (2), take part‑time employees into account as an appropriate fraction of a full‑time equivalent.