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Farm Household Support Act 1992
No. 241, 1992
No longer in force
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Administered by
Department of Agriculture
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C2013C00484
01 July 2013
-
30 June 2014
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Part 1—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Certificate of inability to obtain finance
5 Severe financial hardship
6 Objects of exceptional circumstances relief payment and farm help income support
6AA Application of the Criminal Code
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Part 1A—Ending farm household support, farm help income support and exceptional circumstances relief payments for small businesses
6A Ending farm household support
6B Ending farm help income support
6C Ending exceptional circumstances relief payments for small businesses
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Part 2—Qualification for and payability of certain support and payments
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Division 1—Qualification for farm household support
7 Qualification for farm household support
8 Persons not qualified if they have received farm household support for 2 years etc.
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Division 1A—Qualification for exceptional circumstances relief payment
8A Qualification for exceptional circumstances relief payment
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Division 1B—Qualification for farm help income support
8B Qualification for farm help income support
8C Persons not qualified if Secretary determines that they do not effectively control farm enterprises
8D Persons not qualified if they have received farm help income support for 1 year
8E Persons not qualified in relation to later claims for farm help income support in certain circumstances
8F Persons not qualified because farm help income support interrupted by exceptional circumstances relief payment
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Division 1C—Qualification for clean energy advances
8G Person not of youth allowance age
8H Person of youth allowance age
8J Limits on qualifying for multiple advances
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Division 2—Situations in which farm household support, exceptional circumstances relief payment or farm help income support is not payable
9 Overview of rules about non-payability
9A Farm household support not payable if exceptional circumstances relief payment is payable
9B Farm help income support not payable if farm household support or exceptional circumstances relief payment is payable
10 Assets test
11 Full-time students
12 Multiple entitlement exclusion
13 Commonwealth funded employment program exclusion
13A Obligation to obtain advice
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Part 3—Claim for farm household support, exceptional circumstances relief payment or farm help income support
14 Need for a claim
15 Form of claim
16 Lodgment of claim
17 Claimant must be Australian resident and in Australia
18 Secretary to determine claim
19 Grant of claim
20 Date of effect of determination
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Part 4—Rate of farm household support, exceptional circumstances relief payment or farm help income support
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Division 1—Rate of farm household support
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Subdivision A—Maximum fortnightly rate
21 Maximum fortnightly rate of farm household support—to be determined by Secretary
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Subdivision B—Applicable rate
23 Declaration by applicant or recipient
24 Applicable rate
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Division 2—Rate of exceptional circumstances relief payment
24A Rate of exceptional circumstances relief payment—how worked out for farmers
24AA Rate of exceptional circumstances relief payment—how worked out for small business operators
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Division 3—Rate of farm help income support
24B Rate of farm help income support—how worked out
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Part 4A—Amount of a clean energy advance
24C Amount of a clean energy advance
24D Clean energy advance daily rate
24E Number of advance days
24F Top-up payments of clean energy advance
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Part 5—Payment of certain support and payments
25 Commencement of payment
26 Support to be by way of grant
26A Exceptional circumstances relief payment to be by way of grant
26B Farm help income support to be by way of grant
26C Clean energy advance to be by way of a single lump sum
27 Rate at which farm household support payable
28 Instalments
29 Amount of instalments of farm household support
29A Amount of instalments of exceptional circumstances relief payment
29B Amount of instalments of farm help income support
30 Rounding off instalment
31 Instalment to be paid to person or nominee
32 Method of payment
33 Where instalment payable on public holiday etc.
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Part 6—Former RAS (Part C) beneficiary
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Division 1—General
34 Former RAS (Part C) beneficiary not required to make a claim under Part 3 but may do so
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Division 2—Entitlement to farm household support when no claim made under Part 3
35 Application
36 Qualification for farm household support
37 Certain provisions of Act not applicable
38 Commencement of farm household support
39 Amount of instalment of farm household support
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Part 7—Recipient’s obligations
41 Secretary may require notice of the happening of an event or a change in circumstances
42 Secretary may require recipient to give particular information relevant to payment of farm household support, exceptional circumstances relief payment or farm help income support
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Part 8—Termination of farm household support, exceptional circumstances relief payment or farm help income support
43 Automatic termination—social security benefit etc. payable
44 Automatic termination—recipient complying with section 41 notification obligations
45 Automatic termination—recipient not complying with section 41 notification obligations
46 Automatic termination—failure to provide section 42 statement
47 Termination—determination by Secretary that recipient no longer in need
48 Termination—at request of recipient or if recipient ceases to be qualified
49 Termination—death of recipient
49A Automatic termination—overseas absence
50 Automatic termination—exceptional circumstances relief payment received
51 Automatic termination—failure to obtain advice on financial outlook or develop activity plan
52 Termination by the Secretary—failure to comply with an activity plan
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Part 9A—Farm help re-establishment grant scheme
52A Farm help re-establishment grant scheme
52AA Where there is a return to farming
52AB Secretary may require re-establishment grant recipient to notify if events or circumstances indicative of a return to farming or a change of address occur
52AC Secretary may require re-establishment grant recipient to give a statement about whether returned to farming
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Part 9B—Farm help advice and training scheme
52B Farm help advice and training scheme
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Part 9C—Dairy exit payments
52C DEP scheme
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Part 9D—Farm Family Support Scheme
52D Treatment of payments under Farm Family Support Scheme
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Part 10—Miscellaneous
53 Delegation of powers
53A Delegation by Secretary: references to the Secretary and the Department
54 General power to obtain information
54A Conversion of farm household support payments into grants
55 Certain support and payments to be inalienable
55A Effect of garnishee or attachment order
56 Recovery of overpayments
57 Source of funds for payments
57A Payments to RAS authorities—reimbursement of costs of issuing drought exceptional circumstances certificates
58 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]
