Farm Household Support Act 2014

Part 1—Preliminary

1 Short title

This Act may be cited as the Farm Household Support Act 2014.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

<table cellspacing="0" cellpadding="0" style="width:355.55pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Provision(s)</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="TableHeading"><span>Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1.</span><span> </span><span>Sections</span><span> </span><span>1 and 2 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>The day this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>28</span><span> </span><span>March 2014</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>2.</span><span> </span><span>Sections</span><span> </span><span>3 to 89</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>A single day to be fixed by Proclamation.</span></p><p class="Tabletext"><span>However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>1</span><span> </span><span>July 2014</span></p><p class="Tabletext"><span>(</span><span style="font-style:italic">see</span><span> F2014L00554)</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>3.</span><span> </span><span>Parts</span><span> </span><span>5 and 6</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>At the same time as the provision(s) covered by table item</span><span> </span><span>1.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span>28</span><span> </span><span>March 2014</span></p></td></tr></tbody></table>

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Object of this Act

The object of this Act is to improve the financial situation of farmers and their partners, who need financial assistance, by providing them with financial assistance that consists of: (a) farm household allowance for up to 4 years in each specified 10 year period; and (b) funding to engage in certain activities; and (c) funding to obtain a farm financial assessment.

4 Simplified outline of this Act

This Act provides financial assistance to certain farmers and their partners.

The assistance is available to farmers, and partners of farmers, who contribute significant labour and capital to a farm enterprise that has a significant commercial purpose or character.

The payments that are available under this Act are:

(a) farm household allowance for up to 4 years in each specified 10 year period; and

(b) funding (called the activity supplement) for undertaking activities such as receiving training or advice, or undertaking study; and

(c) funding (called the farm financial assessment supplement) to pay for an assessment of the financial position of a person and a relevant farm enterprise; and

(d) additional funding (called the FHA supplement) for a person to whom farm household allowance is payable at any time between 1 September 2018 and 1 June 2019; and

(e) a relief payment for a person if 1,460 days of farm household allowance have been payable to the person before 1 July 2020; and

(f) if the Minister’s rules prescribe other circumstances in which a relief payment may be made—a relief payment for a person in those circumstances.

The rules dealing with claims, how payments are made and review of decisions relating to payments under this Act are found in the Social Security Act and the Social Security Administration Act.

5 Definitions

(1) In this Act:

activity supplement means the supplement payable under Part 3.

allowable absence has the meaning given by subsection 53(1).

Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

Benefit Rate Calculator B means the Benefit Rate Calculator B in Part 3.6 of the Social Security Act.

conduct failure has the meaning given by section 73.

eligible family member has the same meaning as family member has for the purposes of subsection 7(6AA) of the Social Security Act.

farm asset has the meaning given by subsections 35(1) and (2).

farm enterprise means an enterprise carried on within any of the agricultural, horticultural, pastoral, apicultural or aquacultural industries.

farmer means an individual who:

(a) has a right or interest in land; and
(b) uses the land wholly or mainly for the purposes of a farm enterprise.

farm financial assessment is an assessment of:

(a) the financial position of:
(i) the farm enterprise; and
(ii) the person for whom the assessment is conducted; and
(b) options to improve that person’s financial position.

farm financial assessment supplement means the supplement payable under Division 3 of Part 4.

farm household allowance means the allowance payable under Part 2.

FHA supplement means a supplement payable under Part 4A.

financial improvement agreement means an agreement entered into under Division 3 of Part 2.

former refugee has the meaning given by subsection 7(1) of the Social Security Act.

maximum amount of activity supplement means the maximum amount of activity supplement prescribed by, or worked out in accordance with, Minister’s rules made for the purposes of paragraph 82(1)(a).

maximum exemption period has the meaning given by section 32.

meets the 4 years or less requirement has the meaning given by subsection 6(1A).

Minister’s rules means the rules made under subsection 106(1).

newly arrived resident’s waiting period means a newly arrived resident’s waiting period under section 42.

non‑farm asset has the meaning given by subsection 35(3).

period of absence has the meaning given by section 50.

portability period has the meaning given by subsection 53(2).

qualification failure has the meaning given by section 71.

qualifying period has the meaning given by subsection 89B(2).

refugee has the meaning given by subsection 7(6B) of the Social Security Act.

registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011.

relief payment means an amount payable under Part 4B.

Secretary means the Secretary of the Department.

Secretary’s rules means the rules made under subsection 106(2).

service provider for an activity means the person who provides the activity.

Social Security Act means the Social Security Act 1991.

Social Security Administration Act means the Social Security (Administration) Act 1999.

Social Security Department means the Department administered by the Social Security Minister.

Social Security Minister means the Minister administering the Data‑matching Program (Assistance and Tax) Act 1990.

Social Security Secretary means the Secretary of the Social Security Department.

specified 10 year period has the meaning given by subsection 6(1).

this Act includes the Minister’s rules and the Secretary’s rules.

value includes the meaning given by section 36.

water access entitlement has the meaning given by section 35A.

water allocation has the meaning given by section 35A.

water entitlement right has the meaning given by section 35A.

water resource has the meaning given by section 35A.

Youth Allowance Rate Calculator means the Youth Allowance Rate Calculator in Part 3.5 of the Social Security Act.

Expressions used in the Social Security Act (2) An expression that is used in the Social Security Act or a part of that Act has the same meaning, when used in this Act, as in that Act or part (subject to subsection (1) and Part 5 of this Act). (3) The Minister’s rules may prescribe expressions to which subsection (2) does not apply.

6 Meanings of specified 10 year period and meets the 4 years or less requirement

Meaning of specified 10 year period (1) A specified 10 year period is a period of 10 years beginning on: (a) 1 July 2014; or (b) a tenth anniversary of 1 July 2014. Meaning of meets the 4 years or less requirement (1A) A person meets the 4 years or less requirement on a day in a period mentioned in section 8 or 9 if, on that day, the total number of days for which farm household allowance is payable to the person, in the specified 10 year period in which that day falls, does not exceed 1,460 days (assuming farm household allowance is payable to the person on that day).

Note: See also section 102A (which deals with the waiver of certain debts and treats farm household allowance as being payable to a person on certain days).

(2) In working out that total number: (a) the days do not have to be consecutive days; and (b) every day for which farm household allowance is payable to the person is to be counted.

Note: For paragraph (2)(b) for example, all days for which farm household allowance is payable are counted even if:

(a) the person qualifies for the allowance under section 8 for some of those days and under section 9 for others; or
(b) the person qualifies under section 9 as a partner of a farmer, and also later qualifies under that section as a result of being the partner of a different farmer.

When farm household allowance is payable for a day (4) Farm household allowance is payable to a person for a day if: (a) the person qualifies for the allowance on the day; and (b) no provision of this or any other Act applies resulting in the allowance not being payable to the person for the day.

6A Norfolk Island

This Act extends to Norfolk Island.