Schedule 1 Amendments

(section 3)

[1] Note before Part 1

substitute

Note Part 9B of the Act (consisting only of section 52B) requires the Minister to formulate a scheme, to be called the farm help advice and training scheme, to provide farmers and their families with assistance to help them improve their long-term prospects. The grant may be used to obtain professional advice, develop an activity plan and undertake training to improve their prospects. That scheme is formulated in this instrument.

Part 9A of the Act (consisting only of section 52A) requires the Minister to formulate a scheme, the farm help re-establishment grant scheme, to grant financial assistance to people on the sale of farm enterprises, or rights or interests in farm enterprises. The grant is called a re-establishment grant. That scheme is formulated in another instrument, called the Farm Help Re-establishment Grant Scheme 1997.

[2] Section 1.1

after

Farm Help Advice

insert

and Training

[3] Section 1.3, note

substitute

Note The following terms are defined in section 3 of the Act and have the same meanings in this Scheme:

 Agency

 CEO

 Department

 farm enterprise

 partner

 Secretary

 service arrangements.

[4] Part 2

substitute

Part 2 Financial assistance

Division 1 General

2.1 Purpose of Part 2

This Part sets out the procedures under which farmers and their families can be granted financial assistance to help them assess and improve their long-term prospects. The grant may be used, in accordance with an activity plan, to obtain advice, complete training and obtain appropriate computer software.

2.2 Interpretation

In this Part:

activity plan has the meaning it has in section 13B of the Act.

commencement day means the day that this section commences.

eligible person means a person who is eligible for a grant under this Scheme.

grant means assistance, mentioned in subsection 52B (1) of the Act, provided under this Scheme.

incidental expenses, in relation to obtaining advice or undertaking training, means expenses incidentally associated with obtaining the advice or undertaking the training, including travelling, accommodation, child care and, in the case of training, books.

old scheme means the Farm Help Advice Scheme 1997 as in force before the commencement day.

2.3 Eligible person

(1) A person is an eligible person if:

(a) on or after 1 July 2000, he or she qualifies for farm help income support under Division 1B of Part 2 of the Act and makes a claim for the support; and

(b) he or she has developed an activity plan.

Note 1 The Secretary must direct a person who has made a claim for farm help income support to develop, and act in accordance with, an activity plan: see subsection 13B (1) of the Act.

Note 2 A person who was eligible to receive assistance under the old scheme is taken to be eligible for a grant under this Scheme: see subitem 35 (3) of Schedule 1 to the Farm Household Support Amendment Act 2003.

Note 3 If a grant is to be made under this Scheme to a person who was eligible to receive assistance under the old scheme, the Secretary may direct the person to develop, and act in accordance with, an activity plan: see subitem 35 (5) of Schedule 1 to the Farm Household Support Amendment Act 2003.

(2) The activity plan of an eligible person who has received:

(a) exceptional circumstances relief payment mentioned in section 8A of the Act; or

(b) another kind of payment that was made under the Act and that was made because of exceptional circumstances affecting the person;

must include a drought management plan for his or her farm, that is, a plan that is intended, when put into effect, to allow the farm to remain viable despite a drought.

2.4 When grant must be used

(1) An eligible person must use a grant for advice or training under this Scheme before the latest of the following:

(a) if the person is eligible for farm help income support under Division 1B of Part 2 of the Act, but chooses not to receive that support — 12 months after the day he or she becomes eligible for that support;

(b) if the person receives farm help income support — 12 months after the day on which the person receives his or her final farm help income support payment;

(c) if, before the commencement day, the person received a grant under the Farm Help Re-establishment Grant Scheme 1997 — 18 months after the day that the person received that grant;

(d) if, on or after the commencement day, the person receives a grant under the Farm Help Re-establishment Grant Scheme 1997 — 12 months after the day that the person’s farm is sold.

(2) However, if the Minister is satisfied that, due to circumstances beyond the control of the person, the person was unable to obtain advice or complete training within the period specified for the person in subsection (1), the Minister may grant an extension of the time for the person to obtain the advice or complete the training.

2.5 Amount of grant

(1) The total amount of a grant or grants provided for the use of an eligible person and the person’s partner (if any) must not be more than $5 500.

(2) However, if a person or his or her partner (whether or not they are still partners), has previously received:

(a) assistance under the old scheme; or

(b) before the commencement day, a farm help retraining grant under Part 3A of the Farm Help Re-establishment Grant Scheme 1997;

the person is entitled to a maximum of $5 500 less the amount that was provided for the use of the person and his or her partner under the schemes mentioned in paragraphs (a) and (b).

Note The amounts of assistance mentioned in this section have been worked out to take into account the price of the taxable supply of advice and the associated goods and services that may be obtained using the assistance. For the meanings of price and taxable supply, see the A New Tax System (Goods and Services Tax) Act 1999.

2.6 Incidental expenses

The Secretary may authorise an eligible person to use a reasonable proportion of his or her grant under this Scheme on incidental expenses associated with obtaining advice or completing training.

2.7 Notice of decision

If the Secretary decides that a person who has applied for a grant under this Scheme is not an eligible person, or decides not to pay an amount or reimburse a cost to an eligible person, the Secretary must, as soon as practicable, tell the person, in writing:

(a) the decision that was made; and

(b) the reasons for the decision; and

Note Part 4 of the Social Security (Administration) Act 1999 provides for review of all decisions of an officer under the Farm Household Support Act 1992 (including decisions under this Scheme) first by the Secretary, the CEO or an authorised review officer, then by the Social Security Appeals Tribunal and finally by the Administrative Appeals Tribunal.

Division 2 Advice

2.8 How advice grant is to be used

(1) An advice grant under this Scheme may be used by an eligible person or the person’s partner (if any) to obtain advice needed to assist the person to:

(a) assess the financial viability of the person’s farm enterprise and develop a plan for further advice; or

(b) make decisions about the future by obtaining relevant advice (for example, career, financial, personal, legal or business advice); or

(c) develop, and act in accordance with, an activity plan for an activity plan direction under subsection 13B (1) of the Act.

(2) The advice must be provided by a person who is a member of a professional association whose members normally provide advice on 1 or more of the following subjects:

(a) agronomy;

(b) business management;

(d) farm analysis;

(e) farm technical advice;

(f) financial planning;

(g) legal matters;

(h) personal and family issues.

Examples for paragraph (h)

1 Relationship counselling

2 Stress management

(3) A person is not entitled to receive a grant for advice given on a second or subsequent occasion unless the obtaining of the advice is in accordance with the person’s activity plan.

2.9 How grant is made

(1) In this section:

qualified person means a person of a kind who provides advice under subsection 2.8 (2).

(2) If the Secretary is satisfied that an eligible person is entitled to receive an advice grant, the Secretary must give the eligible person a written authorisation to spend up to the amount mentioned in section 2.3 for the person, or the person’s partner, to obtain advice from a qualified person.

(3) Subject to section 2.3, on presentation of an invoice for:

(a) the provision of advice by a qualified person to the eligible person or the eligible person’s partner; or

(b) the eligible person’s, or the partner’s, incidental expenses;

the Secretary must pay the amount of the invoice.

(4) Subject to section 2.3, on presentation of a receipt for payment for:

(a) advice provided by a qualified person to the eligible person or the eligible person’s partner; or

(b) the eligible person’s, or the partner’s, incidental expenses;

the Secretary must reimburse the person who paid for the advice or incurred the expenses.

(5) The Secretary may ask the Secretary of the Department of Agriculture, Fisheries and Forestry to decide whether the person who provided the advice was entitled, under subsection 2.8 (2), to provide the advice.

Division 3 Training

2.10 Definitions for Division 3

recognised training provider means the provider of a relevant course.

relevant course, for a person, means any of the following courses under which a qualification may be attained that would help the person improve his or her skills so as to make the person’s farm profitable (or more profitable) or obtain employment other than as a farmer:

(a) a course accredited under State or Territory requirements for the accreditation of vocational education and training courses;

(b) a vocational education and training course under which a qualification may be attained that is recognised under State or Territory requirements for the recognition of qualifications.

Examples of State and Territory requirements for the recognition of qualifications

1 A qualification specified in a Training Package under the Northern Territory Employment and Training Authority Act 1999 of the Northern Territory.

2 Skills or knowledge recognised under a national training system of qualifications under the Training and Employment Act 2000 of Queensland.

2.11 How grant must be used

(1) A training grant under this Scheme may only be used by a person who is acting in accordance with an activity plan.

(2) The grant may only be used by the following people:

(a) the eligible person;

(b) if the eligible person had a partner when the person applied for the grant — that partner (whether or not the partner and the eligible person remain partners).

(3) The grant may only be used in the following ways:

(a) to pay the costs for the person or partner to undertake a relevant course that starts after the person applied for the grant;

(b) to pay any incidental expenses.

(4) The incidental expenses may only be incurred for:

(a) travelling and accommodation costs that are necessary to obtain a means of transport, and standard of accommodation, that are reasonable taking into account the following matters:

(i) the place where the course is conducted;

(ii) the distance between the person’s place of normal residence and the place where the course is conducted;

(iii) any medical condition of the person for which particular transport or accommodation is needed; and

(b) child care that is provided under a licence in force under a law of a State or Territory.

2.12 How grant is made

(1) If the Secretary is satisfied that an eligible person is entitled to receive a training grant under this Scheme, the Secretary must give the person a written authorisation to spend up to the amount mentioned in subsection 2.3 for the person, or the person’s partner, to undertake the training.

(2) However, the Secretary must not give an authorisation to an eligible person unless the person who is to undertake the training agrees, in writing, with the Secretary that:

(a) if the grant is used to pay for the person to undertake training and for any incidental expenses; and

(b) the person fails to complete the training (other than because of a matter beyond the control of the person);

the amount of the grant used to pay for the training and the incidental expenses is a debt due to the Commonwealth.

Examples of what may be matters beyond the control of a person

1 The person has a medical condition that prevents the person completing the course.

2 The death or serious illness of a member of the person’s family.

Note Section 47 of the Financial Management and Accountability Act 1997 deals with pursuing recovery of the debt.

(3) Subject to section 2.3, on presentation of an invoice for the provision of training by a recognised training provider to an eligible person or the person’s partner (or for the eligible person’s or the partner’s incidental expenses) the Secretary must pay the amount of the invoice.

(4) Subject to section 2.3, on presentation of a receipt for payment for:

(a) training provided by a recognised training provider to an eligible person or the person’s partner; or

(b) the eligible person’s or the partner’s incidental expenses;

the Secretary must reimburse the person who paid for the training or incurred the expenses.

Division 4 Computer software

2.13 How grant is to be used

(1) Not more than $500 of a grant to a person made under this Scheme may be used for the purchase of computer software for the person or the person’s partner.

(2) The software must be for use in accordance with the person’s activity plan.

2.14 How grant is made

(1) If the Secretary is satisfied that an eligible person is entitled to receive a grant for computer software under this Scheme, the Secretary must, subject to section 2.3, give the eligible person a written authorisation to spend up to the amount mentioned in subsection 2.13 (1).

(2) Subject to section 2.3, on presentation of an invoice from a computer software supplier for the supply of software to an eligible person, the Secretary must pay the amount of the invoice.

(3) Subject to section 2.3, on presentation of a receipt for payment for computer software supplied to an eligible person, the Secretary must reimburse the person who paid for the software.

[5] Part 3, heading

substitute

Part 3 Directions to develop activity plan and obtain advice

[6] Subsection 3.1 (1)

substitute

(1) Section 13A of the Act and section 2.4 of the Farm Help Re-establishment Grant Scheme 1997 deal with directions by the Secretary to obtain advice.

[7] Subsection 3.1 (3)

omit

or 52A (3A)

[8] Subsection 3.2 (3)

omit

paragraph 2.4 (a)

insert

paragraph 2.8 (1) (a)

[9] Paragraph 3.3 (3) (a)

substitute

(a) to obtain advice about whether the person’s farm is viable; and

[10] After section 3.3

insert

3.3A When activity plan must be developed

A person must comply with an activity plan direction, given under subsection 13B (1) of the Act, within 3 months after being given the direction.

[11] Subsection 3.4 (3)

omit

$3 300.

insert

$5 500.

[12] Subsections 3.5 (3) and (4)

substitute

(3) If a person who has been given an activity plan direction under subsection 13B (1) of the Act fails to comply with the direction within the period mentioned in section 3.3A, the Secretary may:

(a) cancel the person’s farm help income support; or

(b) if the person has applied for a re-establishment grant under the Farm Help Re-establishment Grant Scheme 1997, disqualify the person from receiving the grant.

[13] After section 4.1

insert

4.2 Transitional — retraining grants under Farm Help Re‑establishment Grant Scheme 1997

An application that was made for a farm help retraining grant under Part 3A of the Farm Help Re-establishment Grant Scheme 1997, as in force immediately before the commencement day, and not decided before the commencement day, is taken to be an application made under this Scheme.

4.3 Delegation

The Minister may, in accordance with service arrangements, delegate in writing his or her power under subsection 2.4 (2) to the CEO or an employee of the Agency.