4Certificate of inability to obtain finance

#### 4 Certificate of inability to obtain finance (1) A certificate of inability to obtain finance is a certificate, in a form approved by the Secretary, provided to the Secretary by a finance institution that is a primary lender in respect of a farmer and stating that: (a) the farmer has applied to the institution for a loan; and (b) the institution does not propose to make any loan to the farmer because of the farmer’s financial situation. (2) A certificate in respect of a farmer has effect for 13 months from the day on which it was issued. (3) However, a certificate in respect of a farmer ceases to have effect if: (a) the farmer does not lodge such a claim within a month after the day the certificate is issued; or (b) a finance institution makes a loan available to the farmer; or (c) if the farmer is receiving farm help income support—farm help income support ceases to be payable to the farmer. (4) In this section: > primary lender, in relation to a farmer, means: (a) if the farmer does not owe a debt to a finance institution—any finance institution; or (b) if the farmer owes a debt to only one finance institution—that institution; or (c) if the farmer owes a debt to 2 or more finance institutions—the institution to which the greatest debt is owed.