Rural and Regional Adjustment Act 1994

The Act organises around a few primary legal concepts: approved assistance schemes, the authority as a statutory body with corporate capacity, governance by a board and chief executive officer, limits on assistance and interaction with financial and public sector laws, and protections and penalties for misconduct.

Approved assistance scheme. Financial assistance can only be given under an approved scheme (s 10). An approved assistance scheme is defined by three elements: it states the purpose and nature of assistance, identifies eligible categories of persons, and is approved by regulation (s 11(1)). Regulations approving schemes must set schemes out in detail (s 11(2)). Approved schemes may include conditions, provide for payments into public accounts and write-offs to loan balances (s 11(3)). Regulations may also approve Commonwealth or other State schemes if they are consistent with the Act’s object (s 11(4)-(5)). This concentrates the substantive design of financial assistance in instruments made under regulation rather than in administrative discretion alone.

Authority functions and powers. The authority’s primary function is to put approved assistance schemes into effect and directly give the assistance (s 8(1)). Other functions include education and advice to applicants, negotiating assistance funding with governments, research and policy advice to the Minister about rural financial sustainability and distressed farming businesses, liaising with lenders and industry bodies, and administering authorised interstate schemes (s 8(2)). The authority has broad powers of an individual and may, for example, enter into loan contracts, hold and dispose of property, appoint agents and charge for goods and services (s 9).

Governance. The authority has a board responsible for strategy, operational, administrative and financial policy, and for ensuring effective performance (s 15). The board composition includes the chief executive officer of the authority, the departmental chief executive and up to five Governor in Council-appointed directors with required skills (s 16). The chair must report quarterly to the Minister on performance (s 16A) and provide approved business plans (s 16B). The Minister can require information from the chairperson and give written directions in the public interest, subject to consultation and a requirement that the Minister gazette the directions and the authority include the direction in its annual report (s 9A, ss 16C, 16B).

Financial control and accountability. The authority is a statutory body under the Financial Accountability Act 2009 and under the Statutory Bodies Financial Arrangements Act 1982 (ss 23, 23A). It must prepare an administration budget for Ministerial approval and any amendments require approval (s 24). Approved assistance funds are the funding source for assistance (s 13). The Governor in Council may make regulations, including prescribing other functions (s 44).

Decision review and safeguards. Persons dissatisfied by certain authority decisions can apply for internal review by the chief executive officer within 20 business days; the decision is stayed pending review and the chief executive must decide within 30 business days (ss 13A-13C). The Act also contains disclosure, confidentiality and misuse offences (ss 40-42) and a mechanism allowing the authority to call up assistance obtained by false or misleading statements (s 43).

Rural debt monitoring and assistance. The authority must conduct periodic rural debt surveys (s 13D), with stated terms of reference on indebtedness, categorisation of loans by viability and consultation with lenders and industry (s 13E). The authority can require lenders to supply information for the surveys, subject to specified exemptions and penalties for non-compliance (s 13F). The authority must prepare a report and give it to the Minister, who must table it in the Legislative Assembly (s 13G). The authority must also establish a Farm Debt Restructure Office to assist farmers in financial distress (ss 13H-13I).

Transitional and miscellaneous provisions. The Act contains a wide set of transitional provisions for continuance of prior bodies, transfer of assets and liabilities and employment arrangements, including the dissolution of certain agricultural training corporations and treatment of their assets and employees (Pt 7, Pt 8, ss 52-70).

Each of these concepts is implemented with specific procedural constraints, for example scheme approval by regulation (s 11), Ministerial direction subject to consultation and reporting (s 9A), and statutory offences with numerical penalty units specified (ss 39-42). The Act therefore creates a framework blending delegated regulatory instruments, administrative discretion, ministerial oversight and statutory compliance mechanisms.

The Act defines clear classes of affected persons and entities, and identifies who pays, who decides and who must disclose information.

Primary recipients of assistance. The immediate beneficiaries under the Act are persons and organisations eligible under approved assistance schemes. An approved scheme must identify categories of eligible persons; those categories determine who may receive loans or other assistance (s 11(1)). The authority may give assistance to primary producers, small business and other components of the State’s economy to support them in temporary difficulty or to otherwise benefit the State’s economy, and may assist community, sporting and cultural organisations where consistent with the object (s 3(2)).

Financial institutions and lenders. Banks and other financial institutions that lend to farmers are subject to the authority’s powers to require information for rural debt surveys (s 13F(1)-(2)). Those entities must comply with written notices requiring documents or access unless a specified exemption applies, including if the material is in a third party’s possession and cannot be obtained, the request would contravene law, or the material is confidential or commercially sensitive (s 13F(4)). There is a maximum penalty of 100 penalty units for failure to comply (s 13F(4)). Therefore commercial lenders are obliged to supply data for survey purposes, subject to certain limits.

Farmers and applicants. Farmers who apply for assistance are affected by application, disclosure and review rules. Applicants must not provide false or misleading information or documents; the Act makes those acts offences with maximum penalties (ss 41-42). If assistance was obtained by a contravention of those sections and would not otherwise have been given, the authority may call up the loan or exercise security rights (s 43). Farmers in financial distress are specifically targeted by the Farm Debt Restructure Office whose function is to assist such farmers (ss 13H-13I).

Authority staff, directors and the chief executive officer. The Act affects the authority’s employees and directors in several ways. Directors’ duties include acting honestly at all times; a director must disclose conflicts of interest in board meetings and refrain from participating in decisions where there is a direct or indirect financial interest (ss 21, 39). Directors appointed under s 16(1)(c) are part-time and remunerated as fixed by Governor in Council (s 18). The chief executive officer is appointed by Governor in Council, is appointed under this Act (not the Public Sector Act 2022) and must prepare business plans; the CEO may not, without board approval, engage in outside paid employment (ss 28-36).

Minister and departmental officials. The Minister has powers to issue written directions in the public interest about the authority’s functions and must consult the authority and seek its financial-interest advice before doing so; directions must be gazetted within 21 days and reported in the authority’s annual report (s 9A). The chairperson must provide quarterly reports and approved business plans to the Minister (ss 16A, 16B). The Minister also has a role in authorising the authority to tender for interstate schemes (s 11A).

Other public bodies. The authority is a statutory body for the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982, which affects how its financial powers are exercised and how budgets and borrowing arrangements are managed (ss 23, 23A). The authority is a unit of public administration under the Crime and Corruption Act 2001 and a prescribed entity under the Public Sector Act 2022 (s 26), further exposing it to public sector governance and oversight regimes.

Parties to transitional arrangements. The Act’s transitional provisions affect prior entities such as QRAA and QATC and their employees, assets and contracts. Those provisions transfer assets and liabilities to the State, continue certain instruments as approved schemes for transitional periods, and convert some employees into public service employees (Pt 7, Pt 8, s 54, ss 60-69). Registering authorities are required to note transfers on application by the chief executive without charge (s 68).

Who pays and bears risk. Funding for assistance is to be drawn from the authority’s assistance funds (s 13). The authority may charge and fix conditions for supply of goods and services (s 9(1)(d)). The Minister’s budgeting oversight and the need for Ministerial approval of the administration budget (s 24) allocates approval risk to the Minister. Lenders supplying data for rural debt surveys bear compliance costs and potential disclosure risk, albeit with statutory exemptions for confidentiality and legal constraints (s 13F(4)).

In short, the Act affects three core groups: recipients and potential recipients of financial assistance (farmers, small businesses, community organisations), financial institutions that lend to farmers (reporting and data obligations), and the public administration of assistance (the authority, its board, staff and Ministerial oversight). The Act also creates specific interactions with other public sector entities through its statutory body status (ss 23, 23A, 26).

This Act establishes duties for the authority, directors, officers, applicants, lenders and the Minister. It also prescribes rights such as the authority’s corporate powers and procedural rights for applicants.

Authority duties and rights. The authority’s primary duty is to put approved assistance schemes into effect by ensuring schemes are properly and fairly administered and directly giving the assistance provided for (s 8(1)). The authority must ensure educational, training and advisory services are available to applicants, negotiate funding with governments, carry out research and advise the Minister on rural financial matters and distressed farming businesses, and administer authorised interstate schemes (s 8(2)). It must draw assistance amounts from its assistance funds (s 13). The authority has rights and powers to enter contracts including loans, hold and dispose of property, appoint agents, charge for goods and services and engage consultants (s 9). It may exercise powers within or outside Queensland (s 9(3)).

Board and director duties and rights. The board is responsible for how the authority performs its functions and exercises powers, including deciding strategy and operational, administrative and financial policies and ensuring proper, effective and efficient performance (s 15). Directors must act honestly in the exercise of their powers and discharge of duties, with a maximum penalty of 200 penalty units for breaches (s 39). Directors must disclose direct or indirect financial interests in board matters and typically withdraw from deliberation and voting unless the board directs otherwise; the disclosure must be recorded in the minutes (s 21). The board must meet at least quarterly and maintain minutes (ss 19, 22). The Governor in Council appoints up to five external directors and a chair (s 16). The chair must report quarterly to the Minister and provide business plans approved by the board (ss 16A-16B).

Chief executive officer duties and rights. The chief executive officer must manage the authority consistent with board policies (s 28(2)), prepare business plans covering the current and subsequent two years by 31 March (s 35A), and is subject to appointment and term rules set by Governor in Council (ss 29, 32). The CEO administers internal reviews of certain decisions as the review decision-maker (ss 13A-13C). The CEO may delegate functions to appropriately qualified employees with board approval (s 35B).

Applicant duties and rights. Applicants have the right to apply for assistance only under approved schemes (s 10) and to internal review of adverse authority decisions under specified sections with a stay pending review (ss 13A-13C). Applicants must make applications in the approved form and supported by sufficient information within 20 business days for internal review applications (s 13B). Applicants must not make false or misleading statements or provide false documents; doing so is an offence with maximum penalties and exposes them to the authority calling up assistance obtained by false statement and enforcement of securities (ss 41-43).

Lender and third-party duties and rights. Banks and other financial institutions lending to farmers are required to comply with written notices to produce documents or grant access for rural debt surveys unless an exemption applies such as contravention of law, third-party confidentiality refusal, risk of self-incrimination or commercial detriment; failure to comply attracts a maximum penalty of 100 penalty units (s 13F(2)-(4)). Entities receiving such notices must notify the authority in writing if an exemption applies (s 13F(5)). The authority is limited to using the material for rural debt surveys and must not use it for other purposes, with a maximum penalty of 100 penalty units for misuse (s 13F(6)).

Ministerial duties and rights. The Minister may give written directions to the authority about its functions or powers if satisfied the direction is necessary in the public interest, but must consult the authority and ask for advice about financial interest before giving the direction, and must gazette the direction within 21 days; the authority must comply and report the direction in its annual report (s 9A). The Minister authorises the authority to tender for interstate schemes and may set conditions for that authorisation (s 11A). The Minister may require the chairperson to provide stated information and reports anytime and may request additional reporting (s 16C).

Financial and administrative duties. The authority must prepare, adopt and submit an administration budget to the Minister for each financial year and any amendments during the year, and the budget has no effect until approved by the Minister (s 24). It must also comply with the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 which govern its financial management and borrowing powers respectively (ss 23, 23A).

Confidentiality and disclosure duties. Persons must not disclose information obtained in administration of the Act unless permitted such as by agreement of the source, for administration of the Act, in legal proceedings, under the Crime and Corruption Act 2001 or the Ombudsman Act 2001, or another lawful excuse; breach carries a maximum penalty of 100 penalty units (s 40). Officers must disclose conflicts of interest to the authority as soon as practicable (s 38).

Rights of internal review and procedural protections. A person dissatisfied by specified authority decisions may apply for internal review to the chief executive officer; the decision is stayed until review and chief executive must issue review decision within 30 business days, or the original decision is taken to be confirmed (ss 13A-13C). The review notice must state reasons if the review decision is not the decision sought by the applicant (s 13C(2)).

Regulation and review. The Governor in Council may make regulations under the Act (s 44). The Minister must review the Act within each 10 year period after 1 July 2013 to decide if provisions remain appropriate and table a report in the Legislative Assembly (s 45).

These duties and rights create a structure where administrative discretion is channelled through regulated schemes and board policy, ministerial oversight and internal review, while imposing criminal penalties for dishonesty and statutory controls on how survey data may be obtained and used.

The Act sets out a combination of criminal penalties, civil enforcement actions and administrative compliance obligations. Penalties are expressed in penalty units and the Act also provides authority remedial powers such as calling up loans and exercising securities.

Specified criminal penalties. Several provisions create offences with maximum penalties stated in penalty units:

• Directors and officers must act honestly; contravention carries a maximum penalty of 200 penalty units (s 39).
• False or misleading information when giving information for the purposes of the Act, including in applications for financial assistance, is an offence carrying up to 200 penalty units (s 41(1)).
• Giving a document containing false, misleading or incomplete information for the purposes of the Act is a separate offence with a maximum of 200 penalty units; an exception applies where the person informs the authority how the document is false or incomplete and supplies correct information if available (s 42).
• Unauthorised disclosure of information obtained in the administration of the Act is an offence with a maximum of 100 penalty units, unless the disclosure falls within enumerated exceptions such as consent of the person from whom information was obtained, administration of the Act, legal proceedings, or statutory oversight by the Crime and Corruption or Ombudsman Acts (s 40).

Administrative enforcement and remedies. The authority has administrative enforcement remedies against recipients found to have obtained assistance by false or misleading statements. If assistance was obtained in contravention of ss 41 or 42 and the assistance would not otherwise have been given, the authority may, by notice, call up a loan or other amount and exercise its rights under any security for the loan or amount; the amount becomes payable from the date specified in the notice (s 43). This is an administrative debt-recovery pathway in addition to criminal liability.

Sanctions for non-compliance with rural debt survey notices. Banks and other relevant lending entities who fail to comply with written notices requiring documents or access for the rural debt survey may be liable to a maximum penalty of 100 penalty units (s 13F(4)). The Act also requires prescribed entities that rely on an exemption to inform the authority in writing (s 13F(5)). There is also a reciprocal limit on the authority’s use of the obtained material: the authority must not use relevant material for purposes other than a rural debt survey, with a maximum penalty of 100 penalty units for breach (s 13F(6)). The Act therefore imposes both duties to supply information and limits on the authority’s subsequent use of it.

Procedural safeguards and stays. The Act provides an internal review mechanism for certain decisions made under s 12(1)(a)-(e) or s 43(2) in relation to an approved scheme (ss 13A-13C). The application for internal review must be in the approved form and within 20 business days; crucially the decision is stayed until the chief executive officer makes a review decision (s 13B(3)). The chief executive officer must decide the review within 30 business days or is taken to have confirmed the original decision; the review notice must give reasons where the review decision is not the decision sought by the applicant (s 13C).

Ministerial oversight and reporting. The Minister may give directions about performance of functions or exercise of powers if satisfied it is necessary in the public interest; the authority must comply and the Minister must gazette the direction within 21 days and the authority must report directions in its annual report (s 9A). This creates an accountability channel where ministerial instructions are public and reportable, and the authority has an obligation to comply.

Other enforcement mechanisms. The Governor in Council may make regulations including those that prescribe further functions or procedures (s 44). The authority is a statutory body under accountability and financial acts, making it subject to financial oversight and the State’s obligations under the Statutory Bodies Financial Arrangements Act 1982 and the Financial Accountability Act 2009 (ss 23, 23A). The authority is also a unit of public administration under the Crime and Corruption Act 2001 which brings additional oversight and investigation mechanisms (s 26).

Practical enforcement implications. Penalty unit levels create quantifiable maximum fines but the Act does not specify imprisonment terms. The administrative call-up under s 43 allows immediate recovery of funds via notice and enforcement of securities, which is a significant administrative tool. The rural debt survey powers compel lender cooperation with a penalty regime, while the authority’s obligation not to use material for other purposes and the requirement that the Minister’s directions be gazetted create legally enforceable constraints on executive discretion (s 13F(6), s 9A(4)).

In summary, the Act mixes criminal sanctions for dishonest conduct and unauthorised disclosures, administrative debt recovery for assistance obtained by deception, compelled production and confidentiality protections for survey information, and ministerial and financial oversight mechanisms for institutional compliance.

The Act expressly integrates with multiple other statutory regimes and creates consequential effects for existing instruments and entities. All interactions in this section are grounded in specific provisions.

Financial management and borrowing laws. The authority is a statutory body under the Financial Accountability Act 2009 and is also a statutory body for the Statutory Bodies Financial Arrangements Act 1982 (ss 23, 23A). The Statutory Bodies Financial Arrangements Act 1982, part 2B, sets out how the authority’s powers under this Act are affected by that Act (s 23A(2)). The effect is to place the authority within the State’s statutory framework for budgeting, reporting and borrowing; administration budgets require Ministerial approval (s 24), and the authority’s assistance funds are the source of assistance amounts (s 13). Those cross-references import financial governance obligations that affect the authority’s capacity to borrow, invest and use public funds.

Public sector oversight and corruption laws. The authority is declared to be a unit of public administration under the Crime and Corruption Act 2001 and a prescribed entity for the Public Sector Act 2022, section 25 (s 26). This subjects the authority to the investigative and reporting powers of the Crime and Corruption Commission and to obligations under the Public Sector Act, including conduct, integrity and reporting frameworks.

Privacy, confidentiality and legal proceedings. The Act restricts disclosure of information obtained in the administration of the Act, allowing disclosure only in specified circumstances including with consent, for administration of the Act, in legal proceedings, or under the Crime and Corruption Act 2001 or the Ombudsman Act 2001 (s 40). The rural debt survey provisions also limit the use of material obtained under the survey powers to the survey itself (s 13F(6)). These cross-referential limits frame the authority’s data handling in relation to privacy, oversight and evidentiary use.

Industrial and employment law. The Act makes clear that the authority’s employees are to be employed under this Act, not under the Public Sector Act 2022 (s 36(4)). In the transitional provisions for repeal of QATC, it converts certain QATC employees to public service employees and specifies that continuity of service and accrued entitlements remain (s 69). It also provides that the authority’s freedom to set employment conditions operates subject to any relevant industrial instrument (s 36(3)). Thus the Act interacts with industrial law through specific savings and conversion clauses.

Transitional and succession provisions. Part 7 and Part 8 contain detailed transitional provisions transferring functions, assets, liabilities, contracts, records and proceedings from predecessor bodies to the authority or the State. For example, when QATC was dissolved, assets and liabilities became State assets and liabilities held in the department (s 62), contracts in which QATC was a party are taken to be contracts of the State (s 64), and ongoing proceedings continue with the State substituting for QATC (ss 66-67). Those provisions modify property, contract and litigation relationships by statutory substitution and successor-in-law rules.

Interaction with Commonwealth and interstate schemes. The Act permits approval of schemes established by the Commonwealth or another State by regulation, where the purpose is consistent with the Act’s object (s 11(4)-(5)). For non-approved interstate schemes the authority must obtain the Minister’s authorisation before tendering to administer or agreeing to administer such a scheme (s 11A). The Minister may authorise only if satisfied the scheme’s main purpose is to foster rural development or give assistance to primary producers or small businesses in another State during temporary difficulties (s 11A(3)). These provisions create a procedural gatekeeper for interstate or Commonwealth participation, requiring ministerial oversight.

Legal process and evidence. The authority’s seal is given presumptive validity, judicial notice is required for its imprint and documents sealed are presumed properly sealed (s 25). This simplifies evidentiary and legal processes for the authority as a corporate entity.

Regulatory reach. The Governor in Council may make regulations under the Act (s 44). Those regulations can prescribe other functions, adapt the operation of transitional schemes, set conditions for interstate authorisations, and provide the detailed content of approved assistance schemes (s 11(2), s 44). Therefore, much of the substantive implementation will be via subordinate legislation, connecting this Act to the broader legislative and regulatory architecture.

Limitations and non-derogations. The transitional provisions include explicit statements that certain actions do not create State liability for civil wrongs, breaches, or releases of sureties, among other limits (s 70). This preserves existing legal relationships by preventing the statutory transfer of certain liabilities from creating unintended contractual or tortious consequences.

In sum, the Act is embedded within Queensland’s public sector financial and oversight laws, interacts with Commonwealth and interstate assistance frameworks through regulated approvals and ministerial authorisations, and uses transitional provisions to effect legal succession for prior entities and instruments.

The source text records amendments and insertions over time. Where the Act indicates amendments, those are summarised here by cited sections and the matters they changed. All references are to amendment notes in the supplied text.

• s 1: Short title shows amendment reference s 1 sub 2004 No. 28 s 4 indicating a 2004 amendment to the Act’s citation provision.
• s 3: The object provision includes amendments noted as s 3 amd 2004 No. 28 s 6; sub 2008 No. 22 s 4; amd 2013 No. 41 s 73; 2017 No. 7 s 123. These amendment notes indicate the object and its subparagraphs have been updated over several legislative changes, including additions relating to interstate administration and farm support measures.
• s 4: Definitions were amended, with notes s 4 amd 2017 No. 7 s 124(3) indicating definitional updates.
• ss 5-9: Establishment, legal status and powers of the authority carry amendment notes (s 5 sub 2004 No. 28 s 9; s 6 amd 2001 No. 45 s 29 sch 3; s 7 amd 2001 No. 45 s 29 sch 3; s 9 amd 2008 No. 22 s 7; 2017 No. 7 s 128), showing iterative adjustments to statutory powers and immunities.
• s 9A: Ministerial direction provision was inserted in 2004 (ins 2004 No. 28 s 11) and amended in 2009 to align reporting and gazettal mechanics (amd 2009 No. 9 s 136 sch 1).
• Pt 3A internal review provisions (ss 13A-13C) were inserted in 2004 (ins 2004 No. 28 s 13) and amended in 2008 (amd 2008 No. 22 s 13).
• Pt 3B (rural debt surveys and Farm Debt Restructure Office) were added by 2017 amendments (ss 13D-13I ins 2017 No. 7 s 129A), creating the survey schedule, lender information powers, a reporting duty and the Farm Debt Restructure Office.
• Governance and board provisions were amended in 2004 and later, including s 16 sub 2004 No. 28 s 15 and subsequent amendments to reporting duties and composition (e.g., s 16A ins 2004 No. 28 s 15; s 16B ins 2004 No. 28 s 15; s 16C ins 2004 No. 28 s 15; s 16CA ins 2020 No. 3 s 127).
• Employment and staffing provisions have multiple amendments: s 31 sub 1996 No. 37 s 147 sch 2; 2004 No. 28 s 17; amended in 2008 and 2022 to clarify the appointment mechanism and exclusion from the Public Sector Act 2022 (s 31 amd 2008 No. 38 s 252 sch 3; 2022 No. 34 s 365 sch 3).
• Delegation and delegation-by-directors provisions were inserted and updated at different times (s 16D ins 2008 No. 22 s 14; s 35B ins 2013 No. 41 s 77; amd 2017 No. 7 s 132).
• The authority’s status under financial accountability acts and statutory financial arrangements acts is subject to amendments in 1996, 2009 and subsequent adjustments (ss 23, 23A).
• Transitional and repeal provisions in Pt 7 and Pt 8 record several insertions and replacements: the transition from QRAA to Queensland Rural and Industry Development Authority was effected by ins 2004 No. 28 s 21 and later 2017 No. 7 s 134; repeal and transfer of Queensland Agricultural Training Colleges Act 2005 matters were inserted in 2020 No. 3 s 128B which includes ss 57-70 and related provisions.

The amendment notes in the supplied text show the Act has been regularly updated to add new functions, strengthen oversight and accountability, create survey and farm debt restructuring mechanisms, and manage transitional issues for predecessor entities. The most significant structural additions in the recent decade were the rural debt survey and Farm Debt Restructure Office provisions inserted in 2017, and the transitional and repeal provisions concerning agricultural training colleges enacted in 2020.

This summary relies solely on the amendment annotations and insertions shown in the source text. It does not infer reasons for amendments beyond what is visible in the recorded insertions and amendments.

The supplied legislative text does not supply any case law or judicial decisions interpreting the Act. The Act itself names Acts that it interacts with, for example the Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Crime and Corruption Act 2001, Ombudsman Act 2001, Public Sector Act 2022 and transitional references to prior Acts such as the Agricultural Bank (Loans) Act 1959 and the Primary Producers’ Assistance Act 1972 (s 47). Those are statutory cross-references, not judicial authorities.

Because the supplied text contains no judicial citations or reported decisions, this section records that there is no litigation history provided in the source material. Any interpretation of how courts have applied provisions such as s 9A (ministerial directions), s 11 (approved schemes), or the offences in ss 39-42 would require consultation of external judicial records not included in the source.

Practitioners should treat the internal review mechanism (ss 13A-13C) and the administrative call-up in s 43 as administrative remedies that may give rise to judicial review challenges in appropriate circumstances under general administrative law principles. The Act also creates overlaps with public law regimes (Crime and Corruption Act 2001, Ombudsman Act 2001) which may generate investigatory or review proceedings. This note does not include any reported litigation as none is present in the supplied text.

This Act contains several provisions where operational practice or legal risk may emerge in ways not immediately obvious from a high-level reading. These are specific features to watch, each grounded in the cited sections.

Assistance only under approved schemes. The authority may give financial assistance only under an approved scheme (s 10). Approved schemes must be approved by regulation and set out in detail (s 11(1)-(2)). This means the authority cannot lawfully provide ad hoc assistance outside formally approved regulatory schemes, even where the board or Minister wishes to do so. Practitioners should ensure any assistance programs are properly converted into approved schemes via regulation before implementation.

Ministerial directions and financial interest consultation. The Minister may give written directions in the public interest, and the authority must ensure compliance (s 9A(1)-(2)). However the Minister must consult the authority and ask whether complying would not be in its financial interest before giving the direction (s 9A(3)). The Minister must also gazette the direction within 21 days and the authority must disclose directions in its annual report (s 9A(4)-(5)). Operationally this creates a formal procedural step that, if omitted, may raise compliance and transparency issues. The Act imposes a duty on the authority to include the direction in its annual report and gives the authority the right to comment on financial impact (s 9A(5)).

Internal review has stays and time limits. Applicants dissatisfied by certain decisions may apply for internal review within 20 business days and the original decision is stayed until the chief executive officer makes a review decision (ss 13A-13C). The stay is a powerful procedural protective measure for applicants but has a strict application form and timeliness requirement (s 13B). The chief executive must decide within 30 business days or the original decision is taken to be confirmed; delays benefit the authority. Practitioners must be alert to these time frames because failing to apply within 20 business days may forfeit the remedy unless the chief executive extends time (s 13B(2)).

Rural debt survey powers and confidentiality tensions. The authority may compel banks and lenders to provide documents and access for rural debt surveys and impose a maximum penalty of 100 penalty units for non-compliance (s 13F(2)-(4)). Exemptions include contravention of law, third-party confidentiality refusal, self-incrimination and commercial detriment (s 13F(4)). The authority must not use the material for purposes other than the survey and there is a penalty for misuse (s 13F(6)). Practically, lenders will need to assess whether production would breach other laws or third-party confidentiality, and should document steps to obtain consents. The authority must also ensure anonymisation or other measures to avoid including confidential information in its report (s 13G(3)).

Approved scheme detail required in regulation. The Act requires that a regulation approving a scheme sets out the scheme in detail (s 11(2)). This shifts substantive policy from administrative instruments to regulation, which requires legislative process and may be more time-consuming and politically visible. Authorities and Ministers must plan for the lead time required for regulatory approvals.

Call-up remedy where assistance obtained fraudulently. If a person obtained assistance by false or misleading statements or documents and would not otherwise have received the assistance, the authority may call up the loan and exercise security rights (s 43). This exposes recipients of assistance who provided inaccurate information, even if they did so negligently rather than fraudulently. The Act does not require a criminal conviction before administrative recovery; the remedy is available on breach of ss 41-42.

Budget control and Ministerial approval. The administration budget prepared by the authority has no effect until approved by the Minister, and any amendments require approval (s 24). This gives the Minister substantial control over administration spending and may delay implementation of operational changes if approvals are not timely.

Director conflicts and quorum consequences. Directors must disclose conflicts and typically withdraw from deliberation; if enough directors withdraw, s 21(4) provides that remaining directors present still form a quorum if there would have been a quorum had the conflicted director been present. The practical effect is that board decisions can proceed without conflicted members, but attention should be paid to minutes and legal compliance with s 21 procedures.

Employment and public sector boundaries. The authority’s employees are employed under this Act and not the Public Sector Act 2022 (s 36(4)). This can create differences in terms and conditions and industrial relations treatment compared with mainstream public service employees. Transitional provisions for QATC convert certain employees into public service employees with preservation of continuity of service (s 69). Practitioners must track which employees are covered by which employment regime.

Use of the authority’s seal and evidentiary presumption. Judicial notice must be taken of the seal and documents are presumed properly sealed unless the contrary is proved (s 25). This evidentiary presumption aids transactional certainty but means that parties seeking to challenge documents need affirmative proof to rebut the presumption.

Regulation-making scope. The Governor in Council can make regulations, including prescribing other functions (s 44). Because approved assistance schemes must be set out in regulation (s 11(2)), much operational detail will be in subordinate legislation, which may be more difficult to vary rapidly compared with administrative policy.

These are concrete operational and legal points arising directly from the statutory text that should be considered in program design, litigation strategy and compliance planning.

This section draws directly from statutory duties and procedural requirements to create a practical compliance checklist for the authority, applicants, lenders and board members. Each item cites the relevant section(s).

For the authority

• Operate only under approved schemes: ensure every assistance product has regulatory approval and that the regulation sets out the scheme in detail (ss 10, 11(1)-(2)). Do not provide financial assistance outside such schemes (s 10).
• Prepare and seek Ministerial approval for the administration budget on time: develop, adopt and submit the administration budget as directed and await Ministerial approval before effecting budgeted items; submit any amendments for approval (s 24).
• Follow board-approved procedures and internal policy: the board decides strategy and operational policies and must review CEO performance annually (s 15). The CEO must prepare business plans by 31 March and the chair must provide copies by 30 April (ss 35A, 16B).
• Ensure ministerial directions are obeyed but manage the consultation process: when the Minister proposes directions, engage in the required consultation and provide advice on financial interest when asked; maintain a process to ensure directions are gazetted within 21 days and are included in the annual report (s 9A).
• Administer approved schemes according to their content and agreements with recipients: in administering schemes, comply with the scheme contents and any agreements with recipients; record decisions and maintain operational accounts with Australian financial institutions (s 12).
• Respect confidentiality limits on rural debt survey material: use information obtained under s 13F only for rural debt surveys and implement protocols to avoid using such material for other purposes; document exemptions and inform the authority when an exemption applies (s 13F(6), (5)).
• Maintain statutory reporting obligations: prepare rural debt survey reports and ensure the Minister tables them in the Legislative Assembly in the specified timeframe (s 13G). Include details of ministerial directions in the annual report (s 9A(5)).
• Institute internal review procedures: accept and process internal review applications in the approved form within the statutory timeframes, and implement stays where applicable (ss 13A-13C).
• Ensure staff qualifications for specialist offices: establish the Farm Debt Restructure Office with a sufficiently qualified manager and staff (s 13H(2)-(3)).

For applicants and recipients

• Apply under approved schemes only and provide complete, accurate information: submit applications in the approved form and support them with sufficient information; do not omit or falsify material particulars (s 13B(1), s 41).
• Use internal review rights properly: if aggrieved under eligible sections, apply within 20 business days for internal review and be aware the decision is stayed pending review (ss 13A-13B).
• Keep records and be prepared for call-up: understand that false or misleading statements can lead to administrative recovery and enforcement of securities without a criminal conviction (s 43).

For lenders and financial institutions

• Prepare for rural debt survey notices: establish a compliance process to respond to written notices for documents or access, and to assess whether exemptions under s 13F(4) apply. If an exemption applies, inform the authority in writing as required (s 13F(5)).
• Document consents and confidentiality decisions: where third-party data exist, document any refusals to consent and the reasonable steps taken to obtain consent to withstand challenge under s 13F(4).
• Protect commercial information: if required to produce commercially sensitive material, seek legal advice regarding obligations and rely on statutory exemptions where appropriate (s 13F(4)).

For directors, officers and the CEO

• Act honestly and disclose conflicts promptly: comply with the duty to act honestly at all times (s 39) and disclose direct or indirect financial interests as soon as practicable (ss 21, 38). Ensure disclosures are recorded in minutes and follow withdrawal procedures where applicable.
• Follow reporting obligations to the Minister: the chairperson must report quarterly and immediately report matters that may adversely affect the authority’s ability to perform its functions (s 16A). Be ready to supply information to the Minister on request (s 16C).
• Maintain proper minutes and governance records: keep minutes of board proceedings and document resolutions, particularly for decisions where conflicts of interest have been managed (s 22).

Regulatory processes and record-keeping

• Keep records secure and ensure confidentiality compliance: statutory limits on disclosure (s 40) and penalties require secure records management and access controls. For rural debt survey data, adopt strict use controls to ensure material is used only for the survey (s 13F(6)).
• Seal and authenticate documents correctly: the seal is presumed valid and documents bearing it enjoy presumptive authenticity; use formal sealing procedures and maintain records (s 25).

Transitional compliance

• Manage transfers and successors-in-law carefully: where the Act’s transitional provisions operate to transfer assets, liabilities, or contracts to the State (ss 61-64), ensure registers are updated and registering authorities are notified to record transfers free of charge per s 68.

General compliance and risk mitigation

• Integrate with finance and public sector frameworks: align the authority’s financial controls with the Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act 1982 requirements (ss 23, 23A).
• Train staff on disclosure and false information offences: ensure staff and applicants understand penalties under ss 39-42, and implement application checks to reduce risk of errors that could trigger administrative recovery or criminal charges.
• Establish a schedule and procedure for statutory reviews and reports: schedule rural debt surveys, reports and statutory Act reviews to meet deadlines, such as the periodic Act review every 10 years (s 45), and the rural debt survey timetable (s 13D).

Complying with the Act therefore requires simultaneous management of regulatory approvals for schemes, disciplined operational governance, strict records and confidentiality practices, time-sensitive procedural safeguards for applicants, and legal readiness to manage lender exemptions and transfer obligations. Each compliance step is anchored to a specific section cited above.