Dairy Exit Program Scheme Amendment 2000 (No. 3)

 

 

I, WARREN ERROL TRUSS, Minister for Agriculture, Fisheries and Forestry, make this instrument under subsection 52C (1) of the Farm Household Support Act 1992.

 

Dated         08      December   2000

 

WARREN TRUSS

Minister for Agriculture, Fisheries and Forestry

 

 

1 Name of instrument

This   instrument   is    the   Dairy   Exit     Program    Scheme   Amendment   2000 (No. 3).

 

2 Commencement

This  instrument  commences  on the  commencement  of Schedule 1 to the Farm Household Support Amendment Act 2000.

 

3 Amendment of Dairy Exit Program Scheme 2000

Schedule 1 amends the Dairy Exit Program Scheme 2000.

 

 

 

 

 

 

 

 

 

 

 

 

 

Schedule 1 Amendments   (Section 3)

 

[1] Section 3, note

substitute

Note   The following expressions are defined in the Act (section 3) and have the  same meanings in this Scheme:

 

[2] Subparagraph 9 (1) (b) (i)

after

months

insert

, or such longer period as the Minister, in writing, allows under section 9A,

 

[3] After Paragraph 9 (1) (j)

insert

(ja) the person has complied with any activity  plan direction given to the person under  section 13B of the  Act or  Division  3 of Part 2 of the Farm Help Re-establishment Grant Scheme 1997;

[4] After section 9

insert

9A Allowing a longer period for paragraph 9 (1) (b)

(1) For subparagraph 9 (1) (b) (i), the Minister may allow a longer period for the sale of a person’s rights or interests in a farm enterprise only if:

(a) the 12 months mentioned in the paragraph for sale of the person’s rights or interests in the farm enterprise ended on or after 1 July 2000; and

(b) there are reasonable grounds for believing that the rights or interests in the farm enterprise were not sold within the 12 months because of matters beyond the control of the person; and

(c) the person’s rights or interests in the farm enterprise have been sold and completion of the sale has taken place.

Examples of what may be reasonable grounds for paragraph (b)

1   The person made genuine attempts during the 12 months to sell the rights or interests in the farm enterprise, but no offers were made to buy them at or above their market value.

2   The person entered a voluntary foreclosure arrangement for the rights or interests in the farm enterprise with another person, but the other person did not sell the rights or interests.

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

4   Delays by people (other than the person) or processes involved with the sale, for example, delays by a solicitor, bank or buyer.

(2) The period allowed by the Minister must end immediately after completion of the sale of the person’s rights or interests in the farm enterprise took place.

(3) If the Minister allows such a longer period for the sale of a person’s rights or interests in a farm enterprise:

(a) a decision by the Secretary (made before the longer period is allowed) that the person or the person’s partner was not qualified for a dairy exit payment for the farm enterprise is taken to be revoked; and

(b) the Secretary must reconsider whether the person and partner are  qualified for a dairy exit payment for the farm enterprise.

 

[5] Subsection 15 (4)

omit

$45 000 – DSAP – RIS

insert

$45 000 – DSAP – FHIS

[6] Subsection 15 (4), definition of RIS

subtitue

FHIS is the total amount of:

(a) any payments of farm help income support paid to the person; and

(b) any payments of farm help income support paid to the person’s partner.

 

 

[7] Subsection 15 (5)

omit

$45 000 – 2/3(A – $100 000) – DSAP – RIS

insert

$45 000 – 2/3(A – $100 000) – DSAP – FHIS

[8] Subsection 15 (5), definition of RIS

substitute

FHIS is the total amount of:

(a) any payments of farm help income support paid to the person; and

(b) any payments of farm help income support paid to the person’s partner.

 

[9] After Part 4

insert

Part 4A Farm Help Retraining Grants

16A Definition

relevant course, for a person, means any of the following courses under which a qualification may be attained that would help the person 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.

16B Farm help retraining grants

(1) Financial assistance under this Part is an additional component of a dairy exit payment.

(2) Financial assistance is known as a farm help retraining grant.

 

 

16C Eligibility for a farm help retraining grant

A person is eligible to receive a farm help retraining grant if:

(a) the person has received a dairy exit payment under Part 4 on or after 1 July 2000; and

(b) the person applies, in writing, to the Secretary on or before 30 June 2002 to receive the grant.

16D Amount of farm help retraining grant

The total amount of a farm help retraining grant paid to a person and, if the person has a partner, the partner must not be more than $3 500.

Note   The amount of a farm help retraining grant mentioned in this section has been worked out to take into account the price of the taxable supply of relevant courses and associated goods and services that may be obtained using the grant. For the meanings of price and taxable supply, see the A New Tax System (Goods and Services Tax) Act 1999.

16E How farm help retraining grant must be used

(1) A farm help retraining grant may only be used by the following people:

(a) the person who is eligible to receive the grant;

(b) the person’s partner (if any).

(2) The farm help retraining 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 dairy exit payment under Part 2;

(b)  to pay the costs associated with undertaking the course (for example, books, travelling, accommodation and child care expenses).

(3) However:

(a) the farm help retraining grant may only be used to pay that part of travelling and accommodation costs that is necessary to obtain a means of transport, and standard of accommodation, that is 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) the farm help retraining grant may be used to pay for child care only if the child care is provided under a licence in force under a law of a State or Territory.

(4) The farm help retraining grant may only be used to pay for those costs within 18 months after the person received the dairy exit payment under Part 4.

16F Providing a farm help retraining grant

(1) If there are reasonable grounds for believing that a person is eligible   to receive a farm help  retraining grant, the Secretary must, as soon as practicable, give to the people who may use the grant under subsection 16E (1) a written authorisation to use, between those people, up to a total of $3 500 in accordance with subsections 16E (2), (3) and (4).

(2) However, the Secretary must not authorise a person unless the person agrees, in writing, with the Secretary that, if the grant is used to pay for the person to undertake a relevant course and the person fails to complete the course (other than because of matters beyond the control of the person), the amount of the  grant used to  pay for the course and costs associated with undertaking the course may be recovered by the Commonwealth, on behalf of the Australian Dairy Corporation, as a debt due to the Australian Dairy Corporation.

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.

(3) Subject to section 16D and subsections 16E (3) and (4), on presentation of an  invoice for a cost mentioned in subsection 16E (2) relating to a person who has an authorisation under subsection (1), the Secretary must pay the amount owed.

(4) Subject to section 16D and subsections 16E (3) and (4), on presentation of a receipt for a cost mentioned in subsection 16E (2) relating to a person who has an authorisation under subsection (1), the Secretary must reimburse the person who paid the cost.

16G Notice of decision

If the Secretary decides that a person who has  applied for a farm help retraining grant is not eligible for the grant, or decides not to pay an amount or reimburse a cost, 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

(c) that the person may apply for review of the decision.

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.

[10] Section 17, note

omit

 

[11] After section 17

insert

18 Review of decisions

 Application may be  made to the  Administrative  Appeals Tribunal for review of a decision of the Minister under  subsection  9A (1) not to allow a  longer  period for   the  sale of a  person’s  rights or interests in a farm enterprise.

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. However, Part 4 does not cover review of the Minister’s decisions.

19 Delegation

 The Minister may, in  accordance with service  arrangements, delegate in writing his or her power under subsection 9A (1) to the CEO or an employee of the Agency.

Note   For provisions about delegation of the Secretary’s powers under this Scheme, see sections 53 and 53A of the Act.

20 Transitional

 For this Scheme, a re-establishment grant paid to a person under the Restart  Re-establishment  Grant Scheme 1997 as in force immediately before the farm help scheme payment commencement day is taken to be a re-establishment grant paid to the person under Farm Help Re-establishment Grant Scheme 1997.

Note   For the definition of farm help scheme payment commencement day, see subsection 3 (2) of the Act.