Contents

Part 1--Preliminary                                                                                                              1

1............ Short title [see Note 1] ........................................................................ 1

2............ Commencement [see Note 1] .............................................................. 1

3............ Interpretation ....................................................................................... 1

4............ Certificate of inability to obtain finance ............................................... 5

5............ Severe financial hardship .................................................................... 7

6............ Objects of exceptional circumstances relief payment and farm help income support                 7

6AA...... Application of the Criminal Code ....................................................... 8

Part 1A--Ending farm household support, farm help income support and exceptional circumstances relief payments for small businesses                                                         9

6A......... Ending farm household support .......................................................... 9

6B......... Ending farm help income support ....................................................... 9

6C......... Ending exceptional circumstances relief payments for small businesses   10

Part 2--Qualification for and payability of farm household support, exceptional circumstances relief payment or farm help income support                                                 11

Division 1--Qualification for farm household support                             11

7............ Qualification for farm household support ......................................... 11

8............ Persons not qualified if they have received farm household support for 2 years etc.                 11

Division 1A--Qualification for exceptional circumstances relief payment          13

8A......... Qualification for exceptional circumstances relief payment ............... 13

Division 1B--Qualification for farm help income support                      17

8B......... Qualification for farm help income support ....................................... 17

8C......... Persons not qualified if Secretary determines that they do not effectively control farm enterprises           18

8D......... Persons not qualified if they have received farm help income support for 1 year      18

8E.......... Persons not qualified in relation to later claims for farm help income support in certain circumstances    19

8F.......... Persons not qualified because farm help income support interrupted by exceptional circumstances relief payment 19

Division 2--Situations in which farm household support, exceptional circumstances relief payment or farm help income support is not payable                                21

9............ Overview of rules about non-payability ............................................ 21

9A......... Farm household support not payable if exceptional circumstances relief payment is payable    22

9B......... Farm help income support not payable if farm household support or exceptional circumstances relief payment is payable .......................................................................................................... 22

10.......... Assets test ......................................................................................... 23

11.......... Full-time students .............................................................................. 24

12.......... Multiple entitlement exclusion ........................................................... 25

13.......... Commonwealth funded employment program exclusion .................. 27

13A....... Obligation to obtain advice ................................................................ 27

Part 3--Claim for farm household support, exceptional circumstances relief payment or farm help income support                                                                                                    28

14.......... Need for a claim ................................................................................ 28

15.......... Form of claim .................................................................................... 28

16.......... Lodgment of claim ............................................................................ 28

17.......... Claimant must be Australian resident and in Australia ...................... 29

18.......... Secretary to determine claim .............................................................. 29

19.......... Grant of claim ................................................................................... 29

20.......... Date of effect of determination .......................................................... 30

Part 4--Rate of farm household support, exceptional circumstances relief payment or farm help income support                                                                                                                     32

Division 1--Rate of farm household support                                                  32

Subdivision A--Maximum fortnightly rate                                                       32

21.......... Maximum fortnightly rate of farm household support--to be determined by Secretary            32

Subdivision B--Applicable rate                                                                            33

23.......... Declaration by applicant or recipient ................................................. 33

24.......... Applicable rate .................................................................................. 33

Division 2--Rate of exceptional circumstances relief payment            34

24A....... Rate of exceptional circumstances relief payment--how worked out for farmers     34

24AA.... Rate of exceptional circumstances relief payment--how worked out for small business operators           37

Division 3--Rate of farm help income support                                              42

24B....... Rate of farm help income support--how worked out ....................... 42

Part 5--Payment of farm household support, exceptional circumstances relief payment or farm help income support                                                                                                    44

25.......... Commencement of payment .............................................................. 44

26.......... Support to be by way of grant ........................................................... 44

26A....... Exceptional circumstances relief payment to be by way of grant ....... 44

26B....... Farm help income support to be by way of grant .............................. 44

27.......... Rate at which farm household support payable ................................. 45

28.......... Instalments ........................................................................................ 45

29.......... Amount of instalments of farm household support ........................... 45

29A....... Amount of instalments of exceptional circumstances relief payment . 45

29B....... Amount of instalments of farm help income support ........................ 46

30.......... Rounding off instalment .................................................................... 46

31.......... Instalment to be paid to person or nominee ....................................... 46

32.......... Method of payment ........................................................................... 46

33.......... Where instalment payable on public holiday etc. ............................... 47

Part 6--Former RAS (Part C) beneficiary                                                           48

Division 1--General                                                                                                     48

34.......... Former RAS (Part C) beneficiary not required to make a claim under Part 3 but may do so     48

Division 2--Entitlement to farm household support when no claim made under Part 3               49

35.......... Application ........................................................................................ 49

36.......... Qualification for farm household support ......................................... 49

37.......... Certain provisions of Act not applicable ........................................... 49

38.......... Commencement of farm household support ...................................... 49

39.......... Amount of instalment of farm household support ............................. 49

Part 7--Recipient's obligations                                                                                     51

41.......... Secretary may require notice of the happening of an event or a change in circumstances          51

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 ............... 52

Part 8--Termination of farm household support, exceptional circumstances relief payment or farm help income support                                                                                                    54

43.......... Automatic termination--social security benefit etc. payable .............. 54

44.......... Automatic termination--recipient complying with section 41 notification obligations              55

45.......... Automatic termination--recipient not complying with section 41 notification obligations        55

46.......... Automatic termination--failure to provide section 42 statement ....... 56

47.......... Termination--determination by Secretary that recipient no longer in need                57

48.......... Termination--at request of recipient or if recipient ceases to be qualified                 57

49.......... Termination--death of recipient ........................................................ 58

49A....... Automatic termination--overseas absence ........................................ 58

50.......... Automatic termination--exceptional circumstances relief payment received             59

51.......... Automatic termination--failure to obtain advice on financial outlook or develop activity plan 59

52.......... Termination by the Secretary--failure to comply with an activity plan 59

Part 9A--Farm help re-establishment grant scheme                                      60

52A....... Farm help re-establishment grant scheme .......................................... 60

52AA.... Where there is a return to farming ..................................................... 61

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 ................................................ 61

52AC.... Secretary may require re-establishment grant recipient to give a statement about whether returned to farming         62

Part 9B--Farm help advice and training scheme                                             64

52B....... Farm help advice and training scheme ............................................... 64

Part 9C--Dairy exit payments                                                                                      66

52C....... DEP scheme ...................................................................................... 66

Part 9D--Farm Family Support Scheme                                                               68

52D....... Treatment of payments under Farm Family Support Scheme ............ 68

Part 10--Miscellaneous                                                                                                     70

53.......... Delegation of powers ........................................................................ 70

53A....... Delegation by Secretary: references to the Secretary and the Department 70

54.......... General power to obtain information ................................................. 71

54A....... Conversion of farm household support payments into grants ........... 74

55.......... Farm household support, exceptional circumstances relief payment, dairy exit payments and farm help scheme payments to be inalienable ................................................................................. 74

55A....... Effect of garnishee or attachment order ............................................. 74

56.......... Recovery of overpayments ................................................................ 75

57.......... Source of funds for payments ........................................................... 77

57A....... Payments to RAS authorities--reimbursement of costs of issuing drought exceptional circumstances certificates   77

58.......... Regulations ....................................................................................... 78

Part 11--Amendments of the Social Security Act 1991                                79

60.......... Amendments of the Social Security Act 1991 .................................... 79

Notes                                                                                                                                              81

An Act relating to:

    (a)   the provision of income support and advice to farmers who may not have a long-term productive, sustainable and profitable future in the sector; and

    (b)   the provision of financial incentives to farmers to leave farming; and

    (c)   the provision of relief payments to farmers who are in exceptional circumstances and to certain small business operators.

  

Notes to the Farm Household Support Act 1992

Note 1

The Farm Household Support Act 1992 as shown in this compilation comprises Act No. 241, 1992 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 20 November 1996 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act	Number and year	Date of Assent		Date of commencement	Application, saving or transitional provisions
Farm Household Support Act 1992	241, 1992	24 Dec 1992	20 Mar 1993
Social Security Legislation Amendment Act (No. 2) 1994	109, 1994	12 July 1994	Part 5 (ss. 58-63): 20 Sept 1994 (a)		--
Drought Relief Payment Act 1994	125, 1994	18 Oct 1994	18 Oct 1994		S. 3 (items 79-83)
Primary Industries and Energy Legislation Amendment Act (No. 2) 1994	129, 1994	21 Oct 1994	S. 3: (b)		--
Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994	164, 1994	16 Dec 1994	Part 4 (s. 60): Royal Assent (c)		--
Student Assistance (Youth Training Allowance--Transitional Provisions and Consequential Amendments) Act 1994	184, 1994	23 Dec 1994	1 Jan 1995 (d)		Ss. 3-8
Primary Industries and Energy Legislation Amendment Act (No. 1) 1995	36, 1995	12 Apr 1995	Schedule (items 20-23): Royal Assent (e)		Sch. (item 23)
Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995	143, 1995	12 Dec 1995	Schedule 25: Royal Assent (f)		--
Social Security and Veterans' Affairs Legislation Amendment Act 1995	1, 1996	9 Jan 1996	Schedule 14: 20 Sept 1996 (g)		--
Primary Industries and Energy Legislation Amendment Act (No. 2) 1996	59, 1996	20 Nov 1996	Schedule 5: Royal Assent (h)		Sch. 5 (item 5) [see Table A]
Farm Household Support Amendment Act 1997	21, 1997	7 Apr 1997	5 May 1997		--
Primary Industries and Energy Legislation Amendment Act (No. 1) 1997	22, 1997	7 Apr 1997	Schedule 2: Royal Assent (i)		--
Commonwealth Services Delivery Agency (Consequential Amendments) Act 1997	29, 1997	17 Apr 1997	1 July 1997 (see s. 2)		--
Primary Industries and Energy Legislation Amendment Act (No. 2) 1997	94, 1997	30 June 1997	Schedule 3: 1 Oct 1997 (j)		--
Farm Household Support Amendment (Restart and Exceptional Circumstances) Act 1997	179, 1997	25 Nov 1997	25 Nov 1997		Sch. 3 [see Table A]
Social Security Legislation Amendment (Parenting and Other Measures) Act 1997	197, 1997	11 Dec 1997	Schedule 1 (items 298-300): 20 Mar 1998 (k)		--
Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998	45, 1998	17 June 1998	Schedule 13 (items 12-26): 1 July 1998 (l)		Sch. 13 (item 26) [see Table A]
Financial Sector Reform (Consequential Amendments) Act 1998	48, 1998	29 June 1998	Schedule 1 (item 47): 1 July 1998 (see Gazette 1998, No. S316) (m)		--
Taxation Laws Amendment (Farm Management Deposits) Act 1998	85, 1998	2 July 1998	2 Jan 1999 (see s. 2)		--
Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998	93, 1998	15 July 1998	Schedule 7 (items 12-17): 1 Apr 1998 (n)		--
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998	102, 1998	30 July 1998	30 July 1998		--
Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999	44, 1999	17 June 1999	Schedule 7 (items 32-34): 1 July 1999 (see Gazette 1999, No. S283) (o)		S. 3(2)(e) (am. by 160, 2000, Sch. 4 [item 4])
as amended by
Financial Sector Legislation Amendment Act (No. 1) 2000	160, 2000	21 Dec 2000	Schedule 1 (item 21): Royal Assent Remainder: 18 Jan 2001		--
A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999	83, 1999	8 July 1999	Schedule 6: 1 July 2000 (p)		--
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 1999	170, 1999	10 Dec 1999	Schedule 3 (item 1): Royal Assent (q)		--
Farm Household Support Amendment Act 1999	184, 1999	22 Dec 1999	Schedule 1: 1 Dec 1999 Remainder: Royal Assent		--
Dairy Industry Adjustment Act 2000	22, 2000	3 Apr 2000	3 Apr 2000		--
Youth Allowance Consolidation Act 2000	106, 2000	6 July 2000	Schedule 5 (items 6-9): 1 July 1998 (r)		--
Social Security and Veterans' Entitlements Legislation Amendment (Private Trusts and Private Companies--Integrity of Means Testing) Act 2000	132, 2000	13 Nov 2000	13 Nov 2000		--
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000	137, 2000	24 Nov 2000	Ss. 1-3 and Schedule 1 (items 1, 4, 6, 7, 9-11, 32): Royal Assent Remainder: 24 May 2001		Sch. 2 (items 418, 419) [see Table A]
Farm Household Support Amendment Act 2000	144, 2000	7 Dec 2000	Ss. 1 and 2: Royal Assent Remainder: 18 Dec 2000 (see Gazette 2000, No. S634)		Sch. 3 (items 1-6, 6A) [see Table A]
as amended by
Farm Household Support Amendment Act 2003	115, 2003	27 Nov 2003	Schedule 2 (item 1): (see 115, 2003 below)		--
Dairy Produce Legislation Amendment (Supplementary Assistance) Act 2001	94, 2001	20 July 2001	20 July 2001		--
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001	115, 2001	18 Sept 2001	16 Oct 2001		S. 4 [see Table A]
Dairy Industry Legislation Amendment Act 2002	84, 2002	10 Oct 2002	10 Oct 2002		--
Dairy Industry Service Reform Act 2003	32, 2003	15 Apr 2003	Schedule 1: 1 July 2003 (see Gazette 2003, No. S228) Remainder: Royal Assent		--
Farm Household Support Amendment Act 2003	115, 2003	27 Nov 2003	Schedule 1 (item 25): 18 Dec 2000 (see s. 2(1)) Schedule 2 (item 1): (s) Remainder: Royal Assent		Sch. 1 (items 30-36) [see Table A]
Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004	52, 2004	27 Apr 2004	Schedule 3 (item 21): 1 July 2004 (see s. 2(1))		--
Farm Household Support Amendment Act 2004	70, 2004	23 June 2004	Schedule 1: 1 July 2004 Schedule 2: 1 July 2004 (see Gazette 2004, No. S229) Remainder: Royal Assent		Sch. 2 (items 23-29) [see Table A]
Farm Household Support Amendment Act 2005	30, 2005	21 Mar 2005	Schedule 1: 22 Mar 2005 Remainder: Royal Assent		Sch. 1 (items 7-10) [see Table A]
Farm Household Support Amendment (Exceptional Circumstances Relief Payment) Act 2005	69, 2005	26 June 2005	Schedule 1 (items 2, 3, 5): 1 Oct 2005 Remainder: Royal Assent		Sch. 1 (item 5) [see Table A]
Farm Household Support Amendment Act 2007	60, 2007	15 Apr 2007	15 Apr 2007		Sch. 1 (items 20-22) [see Table A]
Farm Household Support Amendment (Additional Drought Assistance Measures) Act 2008	39, 2008	24 June 2008	24 June 2008		Sch. 1 (items 20-29) and Sch. 2 (item 4) [see Table A]
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008	144, 2008	9 Dec 2008	Schedule 1 (items 2, 3): 10 Dec 2008		--
Household Stimulus Package Act (No. 2) 2009	4, 2009	18 Feb 2009	Schedule 4 and Schedule 5 (items 1-3): Royal Assent		Sch. 4 (item 1) [see Table A]
Tax Laws Amendment (2009 Measures No. 1) Act 2009	27, 2009	26 Mar 2009	Schedule 3 (items 92, 93, 102(1)): 27 Mar 2009		Sch. 3 (item 102(1)) [see Table A]
Tax Laws Amendment (Transfer of Provisions) Act 2010	79, 2010	29 June 2010	Schedule 4 (items 8, 51): 1 July 2010		Sch. 4 (item 51) [see Table A]
Farm Household Support Amendment (Ancillary Benefits) Act 2010	92, 2010	29 June 2010	29 June 2010		Sch. 1 (item 2) [see Table A]
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Schedule 7 (items 59, 60): 19 Apr 2011		--
Human Services Legislation Amendment Act 2011	32, 2011	25 May 2011	Schedule 4 (items 95-107): 1 July 2011		--
Clean Energy (Household Assistance Amendments) Act 2011	141, 2011	29 Nov 2011	Schedule 5 (items 1-29): [see Note 2]		--

(a)     The Farm Household Support Act 1992 was amended by Part 5 (sections 58-63) only of the Social Security Legislation Amendment Act (No. 2) 1994, subsection 2(6) of which provides as follows:

                 (6)   Subsections 40(2) and 46(1), paragraph 57(a) and Part 5 commence on 20 September 1994, immediately after the commencement of Part 3 of the Social Security (Home Child Care and Partner Allowances) Legislation Amendment Act 1994.

(b)     The Farm Household Support Act 1992 was amended by section 3 only of the Primary Industries and Energy Legislation Amendment Act (No. 2) 1994, subsections 2(1) and (4) of which provide as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

                 (4)   The amendment made by this Act to section 52 of the Farm Household Support Act 1992 commences on 20 September 1994.

(c)     The Farm Household Support Act 1992 was amended by Part 4 (section 60) only of the Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act (No. 2) 1994, subsection 2(1) of which provides as follows:

                 (1)   Part 1, Divisions 1 and 11 of Part 2 and Parts 3 and 4 commence on the day on which this Act receives the Royal Assent.

(d)     Subsection 2(2) of the Student Assistance (Youth Training Allowance--Transitional Provisions and Consequential Amendments) Act 1994 provides as follows:

                 (2)   This Act commences on 1 January 1995 immediately after the commencement of the Student Assistance (Youth Training Allowance) Amendment Act 1994.

(e)     The Farm Household Support Act 1992 was amended by the Schedule (items 20-23) only of the Primary Industries and Energy Legislation Amendment Act (No. 1) 1995, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(f)      The Farm Household Support Act 1992 was amended by Schedule 25 only of the Social Security Legislation Amendment (Carer Pension and Other Measures) Act 1995, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(g)     The Farm Household Support Act 1992 was amended by Schedule 14 only of the Social Security and Veterans' Affairs Legislation Amendment Act 1995, subsection 2(5)(e) of which provides as follows:

                 (5)   The following provisions commence, or are taken to have commenced, on 20 September 1996:

                              (e)   Schedules 12, 13, 14 and 15.

(h)     The Farm Household Support Act 1992 was amended by Schedule 5 only of the Primary Industries and Energy Legislation Amendment Act (No. 2) 1996, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(i)      The Farm Household Support Act 1992 was amended by Schedule 2 only of the Primary Industries and Energy Legislation Amendment Act (No. 1) 1997, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(j)      Subsection 2(3) of the Primary Industries and Energy Legislation Amendment Act (No. 2) 1997 provides as follows:

                 (3)   Schedules 3 and 9 commence, or are taken to have commenced, on 1 October 1997, immediately after the commencement of Schedule 18 to the Social Security Legislation Amendment (Budget and other Measures) Act 1996.

(k)     The Farm Household Support Act 1992 was amended by Schedule 1 (items 298-300) only of the Social Security Legislation Amendment (Parenting and Other Measures) Act 1997, subsection 2(2) of which provides as follows:

                 (2)   Part 3 of Schedule 1 commences on 1 July 1998. The remaining items of Schedule 1 commence on 20 March 1998.

(l)      The Farm Household Support Act 1992 was amended by Schedule 13 (sections 12-25) only of the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998, subsection 2(1) of which provides as follows:

                 (1)   Subject to subsections (2) to (10), this Act commences on 1 July 1998.

(m)    The Farm Household Support Act 1992 was amended by Schedule 1 (item 47) only of the Financial Sector Reform (Consequential Amendments) Act 1998, subsection 2(2) of which provides as follows:

                 (2)   Subject to subsections (3) to (14), Schedules 1, 2 and 3 commence on the commencement of the Australian Prudential Regulation Authority Act 1998.

(n)     The Farm Household Support Act 1992 was amended by Schedule 7 (items 12-17) only of the Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Act 1998, subsection 2(9) of which provides as follows:

                 (9)   Schedule 7 commences, or is taken to have commenced, on 1 April 1998.

(o)     The Farm Household Support Act 1992 was amended by Schedule 7 (items 32-34) only of the Financial Sector Reform (Amendments and Transitional Provisions) Act (No. 1) 1999, subsections 3(2)(e) and (16) of which provide as follows:

                 (2)   The following provisions commence on the transfer date:

                      (e)   subject to subsection (12), Schedule 7, other than items 43, 44, 118, 205 and 207 (the commencement of those items is covered by subsections (10), (11) and (13)).

               (16)   The Governor-General may, by Proclamation published in the Gazette, specify the date that is to be the transfer date for the purposes of this Act.

(p)     The Farm Household Support Act 1992 was amended by Schedule 6 only of the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 2) 1999, subsection 2(2) of which provides as follows:

                 (2)   Schedule 1 (Parts 1 to 5), Schedules 3 to 6, Schedule 7 (other than item 14), Schedules 8 and 9, Schedule 10 (other than item 63) and Schedule 11 (items 3 and 4 only) commence, or are taken to have commenced, on the commencement of Schedule 1 to the A New Tax System (Family Assistance) (Consequential and Related Measures) Act (No. 1) 1999.

(q)     The Farm Household Support Act 1992 was amended by Schedule 3 (item 1) only of the Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 2) 1999, subsection 2(1) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(r)     The Farm Household Support Act 1992 was amended by Schedule 5 (items 6-9) only of the Youth Allowance Consolidation Act 2000, subsection 2(3) of which provides as follows:

                 (3)   Items 30 to 35, 45, 46, 47, 49, 50, 59 to 73 and 75 to 79 of Schedule 4 and Part 2 of Schedule 5 are taken to have commenced on 1 July 1998.

(s)     Subsection 2(1) (item 5) of the Farm Household Support Amendment Act 2003 provides as follows:

                 (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.

 

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
5.  Schedule 2, item 1	Immediately after the time specified in the Farm Household Support Amendment Act 2000 for the commencement of item 51 of Schedule 1 to that Act.	18 December 2000

Note 2

Clean Energy (Household Assistance Amendments) Act 2011
(No. 141, 2011)

The following amendments commences on 14 May 2012:

Schedule 5

1  Subsection 3(1)

Insert:

combined couple rate of pension supplement

2  Subsection 3(1)

Insert:

illness separated couple

3  Subsection 3(1)

Insert:

maximum basic rate

4  Subsection 3(1)

Insert:

partial capacity to work

5  Subsection 3(1)

Insert:

partnered

6  Subsection 3(1)

Insert:

partnered (partner in gaol)

7  Subsection 3(1)

Insert:

Pension Rate Calculator A

8  Subsection 3(1)

Insert:

respite care couple

9  Subsection 3(2)

Insert:

advance qualification day means:

                     (a)  for a person qualifying for a clean energy advance because of a determination made under subsection 8G(1) or 8H(1)--the day that determination is made; or

                     (b)  for a person qualifying for a clean energy advance because of a determination made under subsection 8G(2)--the day specified in that determination because of subsection 8G(3); or

                     (c)  for a person qualifying for a clean energy advance because of a determination made under subsection 8H(2) or (3)--the day specified in that determination because of subsection 8H(4).

10  Subsection 3(2)

Insert:

clean energy advance means an advance described in section 8G, 8H or 24F.

11  Subsection 3(2)

Insert:

clean energy advance daily rate has the meaning given by section 24D.

12  Subsection 3(2)

Insert:

clean energy advance period means:

                     (a)  for a person qualifying under section 8G for a clean energy advance--the period starting on 1 July 2012 and ending on 19 March 2013; or

                     (b)  for a person qualifying under subsection 8H(1) or (2) for a clean energy advance--the period starting on 1 July 2012 and ending on 30 June 2013; or

                     (c)  for a person qualifying under subsection 8H(3) for a clean energy advance--the period starting on 1 July 2013 and ending on 31 December 2013.

13  Subsection 3(2)

Insert:

number of advance days has the meaning given by section 24E.

14  Subsection 3(2)

Insert:

pension age has the same meaning as in the Social Security Act 1991 (otherwise than when used in Part 3.14A or 3.14B of that Act in relation to a person who is a veteran (within the meaning of the Veterans' Entitlements Act 1986)).

15  Subsection 3(2)

Insert:

youth allowance age has the same meaning as in Part 2.11 of the Social Security Act 1991.

16  Subsection 3(2)

Insert:

youth disability supplement has the same meaning as in Module D of the Youth Allowance Rate Calculator in the Social Security Act 1991.

17  Part 2 (heading)

Repeal the heading, substitute:

Part 2-- Qualification for and payability of certain support and payments

18  After Division 1B of Part 2

Insert:

Division 1C--Qualification for clean energy advances

8G  Person not of youth allowance age

Qualification for days 14 May 2012 to 30 June 2012

             (1)  The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine, in writing, that a person is qualified for a clean energy advance if, on that day:

                     (a)  the person is not of youth allowance age; and

                     (b)  the person receives exceptional circumstances relief payment; and

                     (c)  the person's rate of payment is greater than nil; and

                     (d)  the person is in Australia.

Qualification for days 1 July 2012 to 19 March 2013

             (2)  The Secretary may determine, in writing, that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 19 March 2013:

                     (a)  the person is not of youth allowance age; and

                     (b)  the person receives exceptional circumstances relief payment; and

                     (c)  the person's rate of payment is greater than nil; and

                     (d)  the person is in Australia.

             (3)  A determination under subsection (2) must specify the first day during the period set out in that subsection for which the person:

                     (a)  satisfies paragraphs (2)(a), (b) and (c); and

                     (b)  is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 13 weeks.

8H  Person of youth allowance age

Qualification for days 14 May 2012 to 30 June 2012

             (1)  The Secretary may, on a day during the period starting on 14 May 2012 and ending on 30 June 2012, determine, in writing, that a person is qualified for a clean energy advance if, on that day:

                     (a)  the person is of youth allowance age; and

                     (b)  the person receives exceptional circumstances relief payment; and

                     (c)  the person's rate of payment is greater than nil; and

                     (d)  the person is in Australia.

Qualification for days 1 July 2012 to 30 June 2013

             (2)  The Secretary may determine, in writing, that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2012 and ending on 30 June 2013:

                     (a)  the person is of youth allowance age; and

                     (b)  the person receives exceptional circumstances relief payment; and

                     (c)  the person's rate of payment is greater than nil; and

                     (d)  the person is in Australia.

Qualification for days 1 July 2013 to 31 December 2013

             (3)  The Secretary may determine, in writing, that a person is qualified for a clean energy advance if, on a day during the period starting on 1 July 2013 and ending on 31 December 2013:

                     (a)  the person is of youth allowance age; and

                     (b)  the person receives exceptional circumstances relief payment; and

                     (c)  the person's rate of payment is greater than nil; and

                     (d)  the person is in Australia.

First day of qualification under subsection (2) or (3)

             (4)  A determination under subsection (2) or (3) must specify the first day during the period set out in that subsection for which the person:

                     (a)  satisfies paragraphs (a), (b) and (c) of that subsection; and

                     (b)  is in Australia, disregarding any temporary absence from Australia for a continuous period not exceeding 13 weeks.

8J  Limits on qualifying for multiple advances

             (1)  A person cannot qualify for more than one clean energy advance under section 8G.

             (2)  A person can qualify for at most 2 clean energy advances under section 8H:

                     (a)  one under either subsection 8H(1) or (2); and

                     (b)  one under subsection 8H(3).

             (3)  A person who has qualified for a clean energy advance under subsection 8H(1) cannot qualify for a clean energy advance under subsection 8G(1).

Note 1:       Top-up payments of clean energy advance may be payable under section 24F if the person's circumstances change during the person's clean energy advance period.

Note 2:       A person who has qualified for a clean energy advance under subsection 8H(1) or (2) can qualify for a clean energy advance under subsection 8G(2).

Note 3:       However, a second qualification mentioned in note 2 will only result in a further payment if it satisfies the criteria for a top-up payment (see subsection 24C(3) and section 24D).

19  At the end of subsection 14(1)

Add:

Note:          A claim is not required for a clean energy advance.

20  After Part 4

Insert:

Part 4A-- Amount of a clean energy advance

  

24C  Amount of a clean energy advance

             (1)  On the day (the decision day) that the Secretary determines that a person (the recipient) is qualified for a clean energy advance, the Secretary must work out the amount of the advance.

Note:          The advance will be paid in a lump sum as soon as is reasonably practicable (see subsection 25(4) and section 26C).

             (2)  The amount of the advance is the result of the following formula rounded up to the nearest multiple of $10:

             (3)  However, no amount is payable under this section for the qualification if:

                     (a)  the qualification is under section 8G; and

                     (b)  a clean energy advance has already been paid to the recipient for a qualification under section 8H.

Note:          The qualification under section 8G may result in a top-up payment under section 24F.

24D  Clean energy advance daily rate

Recipient has reached pension age

             (1)  If the recipient reaches pension age on or before the decision day, the recipient's clean energy advance daily rate is worked out by:

                     (a)  working out 1.7% of the total of:

                              (i)  double the maximum basic rate under Pension Rate Calculator A, worked out for 1 July 2012 for a person who is partnered; and

                             (ii)  the combined couple rate of pension supplement for 1 July 2012; and

                     (b)  rounding the result of paragraph (a) up or down to the nearest multiple of $5.20 (rounding up if that result is not a multiple of $5.20 but is a multiple of $2.60); and

                     (c)  adding $5.20 to the result of paragraph (b); and

                     (d)  applying the applicable percentage in the following table to the result of paragraph (c); and

                     (e)  dividing the result of paragraph (d) by 364.

 

Percentage to be applied
Item	Recipient's family situation on the advance qualification day	Use this %
1	Not a member of a couple	66.33%
2	Partnered	50%
3	Member of an illness separated couple	66.33%
4	Member of a respite care couple	66.33%
5	Partnered (partner in gaol)	66.33%

Recipient under pension age but not of youth allowance age

             (2)  If the recipient is not covered by subsection (1) and is not of youth allowance age on the advance qualification day, the recipient's clean energy advance daily rate is worked out by:

                     (a)  working out 1.7% of the maximum basic rate for newstart allowance, worked out:

                              (i)  for 1 July 2012; and

                             (ii)  for a person in circumstances the same as the recipient's on the advance qualification day; and

                     (b)  rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and

                     (c)  adding 20 cents to the result of paragraph (b); and

                     (d)  dividing the result of paragraph (c) by 14.

Recipient under 21 with a partial capacity to work

             (3)  If, on the advance qualification day, the recipient is under 21 and has a partial capacity to work, the recipient's clean energy advance daily rate is worked out by:

                     (a)  working out 1.7% of the total of the maximum basic rate, and the youth disability supplement, for youth allowance, worked out:

                              (i)  for the first day of the recipient's clean energy advance period; and

                             (ii)  for a person in circumstances the same as the recipient's on the advance qualification day; and

                     (b)  rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and

                     (c)  adding 20 cents to the result of paragraph (b); and

                     (d)  dividing the result of paragraph (c) by 14.

Other recipients of youth allowance age

             (4)  If, on the advance qualification day, the recipient is of youth allowance age and not covered by subsection (3), the recipient's clean energy advance daily rate is worked out by:

                     (a)  working out 1.7% of the maximum basic rate for youth allowance, worked out:

                              (i)  for the first day of the recipient's clean energy advance period; and

                             (ii)  for a person in circumstances the same as the recipient's on the advance qualification day; and

                     (b)  rounding the result of paragraph (a) up or down to the nearest multiple of 10 cents (rounding up if that result is not a multiple of 10 cents but is a multiple of 5 cents); and

                     (c)  adding 20 cents to the result of paragraph (b); and

                     (d)  dividing the result of paragraph (c) by 14.

24E  Number of advance days

                   The recipient's number of advance days is the number of days in the recipient's clean energy advance period that are on or after:

                     (a)  if the recipient qualifies for the clean energy advance before 1 July 2012--1 July 2012; or

                     (b)  otherwise--the advance qualification day.

24F  Top-up payments of clean energy advance

Work out adjusted amount if circumstances change

             (1)  If:

                     (a)  the Secretary pays a clean energy advance (the original payment) to the recipient; and

                     (b)  the recipient's circumstances change on a day (the change day) before the end of the recipient's clean energy advance period;

work out an amount under subsection (3). However, if this section has previously applied to the recipient, work out an amount under subsection (4).

When a top-up is payable

             (2)  If the total of:

                     (a)  the original payment; and

                     (b)  any previous payments under this subsection;

falls short of the amount worked out under subsection (3) or (4) (as applicable), the recipient is qualified for a further payment of clean energy advance equal to the amount of the shortfall.

Note:          The advance will be paid in a lump sum as soon as is reasonably practicable (see subsection 25(4) and section 26C).

Adjusted amount for the earliest change day

             (3)  For the purposes of subsection (1), round up to the nearest multiple of $10 the result of the formula:

where:

first pro-rata amount means the amount that would be the result of the formula set out in subsection 24C(2) if:

                     (a)  the advance qualification day were the change day; and

                     (b)  if the change day is specified in a determination, for the recipient, under subsection 8G(2) because of subsection 8G(3):

                              (i)  the recipient's clean energy advance period were worked out by reference to the qualification resulting from that determination; and

                             (ii)  the reference in subsection 24D(1) to the decision day were a reference to the change day.

Note:          Paragraph (b) only applies if the recipient qualifies a second time for a clean energy advance, this time under section 8G (whereas the recipient qualified for the original payment under section 8H).

original pro-rata amount means the amount that would be the result of the formula set out in subsection 24C(2) if the recipient's number of advance days did not include days on or after the change day.

Note:          The formula set out in subsection 24C(2) does not include the rounding mentioned in that subsection.

Adjusted amount for later change days

             (4)  For the purposes of subsection (1), round up to the nearest multiple of $10 the sum of the following:

                     (a)  the original pro-rata amount worked out under subsection (3) for the earliest change day;

                     (b)  the first pro-rata amount worked out under subsection (3) for the earliest change day but as if the number of advance days did not include days on or after the next change day;

                     (c)  the amount for each change day later than the earliest worked out in a way corresponding to the way the first pro-rata amount was worked out under paragraph (b) for the earliest change day.

21  Part 5 (heading)

Repeal the heading, substitute:

Part 5--Payment of certain support and payments

22  At the end of section 25

Add:

             (4)  Clean energy advance becomes payable to a person qualified for the advance on the day the Secretary considers to be the earliest day on which it is reasonably practicable for the advance to be made. However, the Secretary must not pay the advance if the Secretary is aware that the person has died.

Note:          This subsection applies to a qualification under section 8G, 8H or 24F.

23  After section 26B

Insert:

26C  Clean energy advance to be by way of a single lump sum

                   Clean energy advance is paid to a person in a single lump sum in such manner as the Secretary considers appropriate.

Note:          An amount of clean energy advance may be reduced for the purpose of recovering a debt under section 56 of this Act (see section 1231A of the Social Security Act 1991).

24  Paragraph 54(1)(c)

Omit "or farm help income support", substitute ", farm help income support or clean energy advance".

25  Section 55 (heading)

Repeal the heading, substitute:

55  Certain support and payments to be inalienable

26  Section 55

Omit "and farm help scheme payments are", substitute ", farm help scheme payments and clean energy advances are".

27  At the end of section 56 (before the note)

Add:

             (4)  If:

                     (a)  an amount purporting to be an amount of clean energy advance has been paid to a person; and

                     (b)  some or all of the amount was not payable to the person;

the amount that was not payable may be recovered by the Commonwealth as a debt due to the Commonwealth.

28  Section 56 (note)

Omit "or farm help income support", substitute ", farm help income support or clean energy advance".

29  Subsection 57(3)

Omit "Exceptional circumstances relief payment is", substitute "Exceptional circumstances relief payment and clean energy advance are".

As at 19 January 2012 the amendments are not incorporated in this compilation.

Table A

Application, saving or transitional provisions

Primary Industries and Energy Legislation Amendment Act (No. 2) 1996 (No. 59, 1996)

Schedule 5 

5  Application

The amendment made by item 4 applies to the proceeds of disposals that occur after the commencement of this Schedule.

Farm Household Support Amendment (Restart and Exceptional
Circumstances) Act 1997 (No. 179, 1997)

Schedule 3 

1  Definitions

In this Schedule:

amended FHS Act means the Farm Household Support Act 1992 as amended and in force from time to time after the commencement of this Act.

previous FHS Act means the Farm Household Support Act 1992 as in force immediately before the commencement of this Act.

2  Continued effect of drought exceptional circumstances certificates and continued payment of relief pursuant to such certificates

(1)       A drought exceptional circumstances certificate referred to in section 8A of the previous FHS Act that was in force immediately before the commencement of this Act has effect, for the remainder of the period specified in it, as if it were an exceptional circumstances certificate referred to in section 8A of the amended FHS Act.

(2)       Subject to the provisions of the amended FHS Act, exceptional circumstances relief payment is to be paid to the person to whom the certificate was issued for the remainder of the period specified in the certificate as if the person's claim for drought relief payment were a claim for exceptional circumstances relief payment.

3  Treatment of undetermined claims for drought relief

A claim for drought relief payment made, but not determined, before the commencement of this Act is to be treated, after that commencement, as if it were a claim for exceptional circumstances relief payment.

4  References in Acts to exceptional circumstances relief payment also cover drought relief payment

A reference in the amended FHS Act, or in another Act that is amended by this Act, to exceptional circumstances relief payment paid to a person has effect, after the commencement of this Act, as if it included a reference to drought relief payment paid to a person under the Farm Household Support Act 1992.

Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 (No. 45, 1998)

Schedule 13 

26  Application

The amendments made by items 24 and 25 apply in relation to the sale of farms on or after the commencement of this item.

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)

Schedule 2

418  Transitional--pre-commencement offences

(1)       Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:

                     (a)  an offence committed before the commencement of this item; or

                     (b)  proceedings for an offence alleged to have been committed before the commencement of this item; or

                     (c)  any matter connected with, or arising out of, such proceedings;

as if the amendment or repeal had not been made.

(2)       Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.

419  Transitional--pre-commencement notices

If:

                     (a)  a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and

                     (b)  any or all of those other provisions are repealed by this Schedule; and

                     (c)  the first-mentioned provision is amended by this Schedule;

the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.

Farm Household Support Amendment Act 2000 (No. 144, 2000)

Schedule 3

1  Restart beneficiaries automatically entitled to farm help

(1)       A person who was receiving restart income support immediately before the farm help scheme payment commencement day is, on and after that day, entitled to receive farm help income support without making a claim under Part 3 of the amended FHS Act.

(2)       Farm help income support is then payable to the person subject to the provisions of the amended FHS Act.

2  Payments of restart income support taken to be farm help income support

A payment of restart income support made before the farm help scheme payment commencement day to a person is taken to be a payment of farm help income support to the person for the following purposes:

                     (a)  sections 8D and 8E of the amended FHS Act;

                     (b)  the farm help re-establishment grant scheme;

                     (c)  the farm help advice scheme;

                     (d)  the DEP scheme.

3  Effect of directions etc.

If, before the farm help scheme payment commencement day, the Secretary gave a direction to a person under section 13A of the Farm Household Support Act 1992, or under the restart re-establishment grant scheme, section 13A and section 52A of the amended FHS Act and the farm help advice scheme apply, after that day, as if the direction had been given to the person under section 13A of the amended FHS Act, or under the farm help re-establishment grant scheme, as the case requires.

4  Claims made but not determined before farm help scheme payment commencement day

A claim for restart income support, or an application or request for a restart re-establishment grant made, but not determined, before the farm help scheme payment commencement day is to be treated, after the farm help scheme payment commencement day, as if it were a claim for farm help income support, or an application or request for a farm help re-establishment grant, as the case requires.

5  References to decisions in section 20

Section 20 of the amended FHS Act has effect as if a reference in that section to a decision rejecting a person's claim for farm help income support included a reference to a decision made before the farm help scheme payment commencement day rejecting a person's claim for restart income support.

6  Part 10

Part 10 of the amended FHS Act has effect after the farm help scheme payment commencement day as if references in that Part to farm help income support included references to restart income support.

6A  Effect of sections 53 and 53A

Subsections 53(4) and 53A(8) of the Farm Household Support Act 1992 are taken, for all purposes, to have effect as if the definition of this Act in each of those subsections had, throughout the period:

                     (a)  beginning on 1 December 1997; and

                     (b)  ending on the farm help scheme payment commencement day;

included a reference to the restart advice scheme and the restart re-establishment grant scheme (within the meaning of the Farm Household Support Act 1992 as in force immediately before the farm help scheme payment commencement day).

Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001 (No. 115, 2001)

4  Application of amendments

             (1)  Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

             (2)  For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

Farm Household Support Amendment Act 2003 (No. 115, 2003)

Schedule 1

30  Definitions

In this Part:

commencement means the commencement of this item.

Principal Act means the Farm Household Support Act 1992.

31  Certificates of inability to obtain finance

(1)       The amendments made by items 4, 5 and 6 apply to certificates of inability to obtain finance issued after commencement.

(2)       If:

                     (a)  a certificate of inability to obtain finance was issued to a farmer before commencement; and

                     (b)  the certificate was in effect immediately before commencement;

then the certificate has effect for 13 months from the day on which it was issued.

(3)       However, the certificate ceases to have effect if:

                     (a)  a finance institution makes a loan available to the farmer; or

                     (b)  if the farmer is receiving farm help income support--farm help income support ceases to be payable to the farmer.

32  Extension of farm help income support

The amendment made by item 8 applies to claims lodged, or taken to have been lodged, before or after commencement.

33  Activity plan directions under section 13B

(1)       The amendments made by items 11, 12, 13 and 15 apply in relation to claims for farm help income support made after commencement.

(2)       Despite the amendments made to section 13B of the Principal Act by items 11, 12, 13 and 15, that section, as in force immediately before commencement, continues in force after commencement, in relation to claims for farm help income support made before commencement, as if the amendments had not been made.

(3)       Despite the amendments made to section 13B of the Principal Act by items 11, 12, 13 and 15, an activity plan direction that:

                     (a)  was given, before commencement, under section 13B of the Principal Act; and

                     (b)  was in force immediately before commencement;

continues in force after commencement, as if the amendments had not been made.

34  Activity plan directions under the farm help re-establishment grant scheme

(1)       The amendments made by items 17, 18, 20 and 26 apply in relation to claims for re-establishment grant made after commencement.

(2)       Despite the repeal of subsections 52A(3A), (3B) and (3C) of the Principal Act made by item 17, those subsections, as in force immediately before commencement, continue in force after commencement in relation to claims for re-establishment grant made before commencement, as if the repeal had not been made.

(3)       Despite the repeal of subsections 52A(3A), (3B) and (3C) of the Principal Act made by item 17, the provisions of the farm help re-establishment grant scheme that:

                     (a)  were made under those subsections; and

                     (b)  were in force immediately before commencement;

continue in force after commencement in relation to claims for re-establishment grant made before commencement, as if the repeal had not been made.

(4)       Despite the repeal of subsections 52A(3A), (3B) and (3C) of the Principal Act made by item 17, an activity plan direction that:

                     (a)  was given, before commencement, under a provision of the farm help re-establishment grant scheme that was made under those subsections; and

                     (b)  was in force immediately before commencement;

continues in force after commencement, as if the repeal had not been made.

35  Farm help advice and training scheme

(1)       Despite the repeal of subsection 52B(1) of the Principal Act made by item 23, the farm help advice scheme (the old scheme):

                     (a)  made under that subsection; and

                     (b)  as in force immediately before commencement;

continues in force after commencement as if it were made under that subsection (as substituted by this Act) and called the farm help advice and training scheme (the new scheme).

(2)       The amendments made by items 1, 2, 3, 9, 10, 14, 16, 19, 21, 22, 23, 24, 28 and 29 apply in relation to claims for farm help advice and training grant made after commencement.

(3)       A person who, immediately before commencement, was eligible to receive assistance under the old scheme is taken, immediately after commencement, to be eligible to receive farm help advice and training grant under the new scheme, and any payments made to the person under the old scheme are taken to have been made under the new scheme.

(4)       A person who, immediately before commencement, was eligible to receive farm help retraining grant under the farm help re-establishment grant scheme is taken, immediately after commencement, to be eligible to receive farm help advice and training grant under the new scheme, and any payments of farm help retraining grant made to the person under the farm help re-establishment grant scheme are taken to have been made under the new scheme.

(5)       If a payment under the new scheme is to be made to a person covered by subitem (3) or (4), the Secretary may direct the person to develop, and act in accordance with, an individual activity plan as specified in the direction.

(6)       The Principal Act, and instruments made under the Principal Act, apply to a direction given under subitem (5) as if it were an activity plan direction given under subsection 13B(1) of the Principal Act.

36  Application of item 27

The amendment made by item 27 applies in relation to breaches, made after commencement, of directions given before or after commencement.

Farm Household Support Amendment Act 2004 (No. 70, 2004)

Schedule 2

23  Definition

In this Schedule:

Principal Act means the Farm Household Support Act 1992.

24  Farm help income support

(1)       The amendments made by items 1, 2, 3, 6, 7, 8, 9, 11, 12, 13, 20, 21 and 22 of this Schedule apply in relation to farm help income support where the claim for that support is made on or after the commencement of this item.

(2)       The amendment made by item 14 of this Schedule, to the extent that it relates to the insertion of sections 51 and 52 of the Principal Act, applies in relation to farm help income support where the claim for that support is made on or after the commencement of this item.

25  Exceptional circumstances relief payment

The amendment made by item 8 of this Schedule applies in relation to exceptional circumstances relief payment where the claim for that payment is made on or after the commencement of this item.

26  Interaction between exceptional circumstances relief payment and farm help income support

(1)       The amendments made by items 10 and 15 of this Schedule apply where the exceptional circumstances relief payment that resulted in farm help income support not being payable to a person was received under a claim made on or after the commencement of this item.

(2)       The amendment made by item 14 of this Schedule, to the extent that it relates to the insertion of section 50 of the Principal Act, applies where the exceptional circumstances relief payment that resulted in farm help income support not being payable to a person was received under a claim made on or after the commencement of this item.

27  Activity plan directions under section 13B

(1)       Despite the repeal of section 13B of the Principal Act by item 11 of this Schedule, that section, as in force immediately before the commencement of that item, continues in force on and after commencement, in relation to farm help income support where a claim for that support was made before commencement, as if the repeal had not occurred.

(2)       Despite the repeal of section 13B of the Principal Act by item 11 of this Schedule, an activity plan direction that:

                     (a)  was given, before the commencement of that item, under section 13B of the Principal Act; and

                     (b)  was in force immediately before that commencement;

continues in force after that commencement, as if the repeal had not occurred.

(3)       Despite the repeal of section 13B of the Principal Act by item 11 of this Schedule, the consequences of failure to comply with an activity plan direction that:

                     (a)  was given, before the commencement of that item, under that section; and

                     (b)  was in force immediately before that commencement;

continue to be determined by the method provided under the farm help advice and training scheme as in force immediately before that commencement.

28  Farm help re-establishment scheme

(1)       The amendments made by items 4, 5, 8, 16 and 17 of this Schedule apply in relation to the farm help re-establishment scheme where a claim for a grant under the scheme is made on or after the commencement of this item.

(2)       Despite:

                     (a)  the amendments of subsection 3(2) of the Principal Act made by items 4 and 5 of this Schedule; and

                     (b)  the amendment of section 52A of the Principal Act made by item 16 of this Schedule; and

                     (c)  the insertion of section 52AA of the Principal Act made by item 17 of this Schedule;

section 52A of the Principal Act and instruments made under that section, as in force immediately before the commencement of those items, continue in force on and after that commencement, in relation to a farm help re-establishment grant where the claim for the grant was made before that commencement, as if the amendments and insertion had not been made.

29  Farm help advice and training scheme

(1)       The amendments of section 52B of the Principal Act made by items 18 and 19 of this Schedule apply in relation to the farm help advice and training scheme where a claim for a grant under the scheme is made on or after the commencement of this item.

(2)       Despite the amendments of section 52B of the Principal Act made by items 18 and 19 of this Schedule, that section and instruments made under that section, as in force immediately before the commencement of those items, continue in force on and after that commencement, in relation to farm help advice and training grants where the claim for the grant was made before that commencement, as if the amendments had not been made.

Farm Household Support Amendment Act 2005 (No. 30, 2005)

Schedule 1

7  Definition

In this Part:

Principal Act means the Farm Household Support Act 1992.

8  Farm help income support

(1)       The amendments made by items 1, 3 and 4 of this Schedule apply in relation to farm help income support where the claim for that support is made on or after the commencement of this item.

(2)       Despite subitem (1), if:

                     (a)  a person makes a claim for farm help income support on or after the commencement of this item; and

                     (b)  in making the claim, the person relies on advice on financial outlook or an activity plan obtained with the assistance of a farm help advice and training grant; and

                     (c)  that grant was made before the commencement of this item but within the period of 3 months ending on the day on which the claim for farm help income support is made;

the amendments made by items 1, 3 and 4 of this Schedule do not apply for the purposes of determining whether the person is qualified for farm help income support in respect of that claim.

9  Exceptional circumstances relief payment

The amendments made by items 1 and 2 of this Schedule apply in relation to exceptional circumstances relief payment where the claim for that payment is made on or after the commencement of this item.

10  Farm help re-establishment scheme

(1)       The amendment made by item 6 of this Schedule applies in relation to the farm help re-establishment scheme where a claim for a grant under the scheme is made on or after the commencement of this item.

(2)       Despite the insertion of sections 52AB and 52AC of the Principal Act made by item 6 of this Schedule, section 52A of the Principal Act and instruments made under that section, as in force immediately before the commencement of that item, continue in force on and after that commencement, in relation to a farm help re-establishment grant where the claim for the grant was made before that commencement, as if the amendment and insertion had not been made.

Farm Household Support Amendment (Exceptional Circumstances Relief Payment) Act 2005 (No. 69, 2005)

Schedule 1

5  Transitional provision--existing exceptional circumstances certificates

If:

                     (a)  an exceptional circumstances certificate was issued under subsection 8A(2) of the Farm Household Support Act 1992, as in force immediately before 1 October 2005; and

                     (b)  the certificate would, but for the amendment made by item 2 of this Schedule, be in effect on and after 1 October 2005;

the certificate continues to have effect on and after that day as if it were made under subsection 8A(2) of that Act, as amended by that item.

Farm Household Support Amendment Act 2007 (No. 60, 2007)

Schedule 1

20  Definition

In this Part:

commencing day means the day on which this Act commences.

Principal Act means the Farm Household Support Act 1992.

Secretary has the same meaning as in the Principal Act.

21  Person already receiving payment in the nature of exceptional circumstances relief payment

(1)       This item applies if, immediately before the commencing day, a person is receiving a payment on the basis that the following are satisfied:

                     (a)  qualification criteria similar to those in subsection 8A(5) of the Principal Act, inserted by item 10 of this Schedule;

                     (b)  payability criteria similar to those in Division 2 of Part 2 of the Principal Act.

(2)       The following applies:

                     (a)  the person is taken to have made a proper claim for exceptional circumstances relief payment for the purposes of Part 3 of the Principal Act;

                     (b)  the Secretary is taken to have made a determination under subsection 19(2) of the Principal Act, with effect from the start of the commencing day, that the claim is granted at the rate at which payment was received immediately before the commencing day;

                     (c)  the Secretary is taken to have made a determination in writing under subsection 10(1) of the Principal Act (the assets determination), with effect from the start of the commencing day, that the value of the person's assets does not exceed the person's asset value limit;

                     (d)  unless sooner revoked, the assets determination continues to have effect:

                              (i)  if the next determination in respect of the person's assets takes effect less than 6 months after the commencing day--until that determination takes effect; or

                             (ii)  if subparagraph (i) does not apply--until the end of 6 months from the commencing day.

(3)       The Secretary may, by determination in writing, revoke or vary a determination that:

                     (a)  because of paragraph (2)(b), the Secretary is taken to have made under subsection 19(2) of the Principal Act; or

                     (b)  because of paragraph (2)(c), the Secretary is taken to have made under subsection 10(1) of the Principal Act;

in circumstances in which the Secretary could have revoked or varied a determination actually made under those subsections.

(4)       Sections 53 and 53A of the Principal Act apply in relation to a determination under subitem (3) in the same way as they apply in relation to a determination under subsection 19(2) or 10(1) of the Principal Act.

(5)       A determination made under subitem (3) is not a legislative instrument.

22  Person applying for payment in the nature of exceptional circumstances relief before commencement

(1)       This item applies if, before the commencing day, a person applies for a payment on the basis that the following are satisfied:

                     (a)  qualification criteria similar to those in subsection 8A(5) of the Principal Act, inserted by item 10 of this Schedule;

                     (b)  payability criteria similar to those in Division 2 of Part 2 of the Principal Act;

but is not receiving payment on that basis immediately before the commencing day.

(2)       The person is taken to have made a proper claim for exceptional circumstances relief payment for the purposes of Part 3 of the Principal Act, and to have made the claim on the commencing day.

Farm Household Support Amendment (Additional Drought Assistance Measures) Act 2008 (No. 39, 2008)

Schedule 1

20  Definitions

In this Part:

commencing day means the day on which this Act commences.

Principal Act means the Farm Household Support Act 1992.

Secretary has the same meaning as in the Principal Act.

21  Application of items 10 to 17 of this Schedule

The amendments made by items 10 to 17 of this Schedule apply in relation to exceptional circumstances relief payment that is paid on or after the commencing day in relation to periods that occur on or after 25 September 2007.

22  Transitional--amounts disregarded before commencing day

Amounts that were disregarded for the 2007-08 financial year under subsection 24A(5) or (6) or subsection 24AA(6) or (8) of the Principal Act before the commencing day are to be treated, after the commencing day, as if the amounts had been disregarded for that financial year under that subsection (as amended by this Schedule).

23  Transitional--person already receiving payment in the nature of exceptional circumstances relief payment

(1)       This item applies if, immediately before the commencing day, a person is receiving a payment on the basis that the following are satisfied:

                     (a)  qualification criteria that are the same as those in subsection 8A(7) of the Principal Act (as inserted by this Schedule);

                     (b)  payability criteria that are the same as those in Division 2 of Part 2 of the Principal Act (as amended by this Schedule).

(2)       The following apply:

                     (a)  the person is taken to have made a proper claim for exceptional circumstances relief payment for the purposes of Part 3 of the Principal Act;

                     (b)  the Secretary is taken to have made a determination under subsection 19(2) of the Principal Act, with effect from the start of the commencing day, that the claim is granted at the rate at which payment was received immediately before the commencing day;

                     (c)  the Secretary is taken to have made a determination in writing under subsection 10(1) of the Principal Act (the assets determination), with effect from the start of the commencing day, that the value of the person's assets does not exceed the person's asset value limit;

                     (d)  unless sooner revoked, the assets determination continues to have effect:

                              (i)  if the next determination in respect of the person's assets takes effect less than 6 months after the commencing day--until that determination takes effect; or

                             (ii)  if subparagraph (i) does not apply--until the end of 6 months from the commencing day.

(3)       The Secretary may, by determination in writing, revoke or vary a determination that:

                     (a)  because of paragraph (2)(b) of this item, the Secretary is taken to have made under subsection 19(2) of the Principal Act; or

                     (b)  because of paragraph (2)(c) of this item, the Secretary is taken to have made under subsection 10(1) of the Principal Act;

in circumstances in which the Secretary could have revoked or varied a determination actually made under those subsections.

(4)       Sections 53 and 53A of the Principal Act apply in relation to a determination under subitem (3) of this item in the same way as they apply in relation to a determination under subsection 19(2) or 10(1) of the Principal Act.

(5)       A determination made under subitem (3) of this item is not a legislative instrument.

24  Transitional--person applying for payment in the nature of exceptional circumstances relief before commencing day

(1)       This item applies if, on or after 25 September 2007 and before the commencing day, a person applies for a payment on the basis that the following are satisfied:

                     (a)  qualification criteria that are the same as those in subsection 8A(7) of the Principal Act (as inserted by this Schedule);

                     (b)  payability criteria that are the same as those in Division 2 of Part 2 of the Principal Act (as amended by this Schedule);

but is not receiving payment on that basis immediately before the commencing day.

(2)       On the commencing day, the person is taken to have made a proper claim for exceptional circumstances relief payment for the purposes of Part 3 of the Principal Act.

25  Definitions

In this Part:

commencing day means the day on which this Act commences.

excess amount has the meaning given by subitem 27(1).

pre-commencement payment has the meaning given by subitem 26(1).

Principal Act means the Farm Household Support Act 1992.

26  Past payments in the nature of exceptional circumstances relief payment

(1)       This item applies if, before the commencing day, a person received a payment (a pre-commencement payment) on the basis that the following were satisfied in respect of a period starting on or after 25 September 2007 and ending before the commencing day:

                     (a)  qualification criteria that are the same as those in subsection 8A(7) of the Principal Act (as inserted by this Schedule);

                     (b)  payability criteria that are the same as those in Division 2 of Part 2 of the Principal Act (as amended by this Schedule).

(2)       A pre-commencement payment may be recovered by the Commonwealth from the person to whom the payment was made as a debt due to the Commonwealth.

(3)       A person to whom a pre-commencement payment was made is entitled, on the commencement of this item, to be paid by the Commonwealth an amount equal to the amount of the debt due to it by the person under subitem (2).

(4)       The Commonwealth may set-off the amount of a debt due to it by a person under subitem (2) against an amount that is payable to that person under subitem (3).

(5)       The Commonwealth may set-off classes of debt under subsection (4).

(6)       If:

                     (a)  a pre-commencement payment has been paid to a person in respect of a period; and

                     (b)  the person did not satisfy, in respect of that period:

                              (i)  qualification criteria that are the same as those in subsection 8A(7) of the Principal Act (as inserted by this Schedule); and

                             (ii)  payability criteria that are the same as those in Division 2 of Part 2 of the Principal Act (as amended by this Schedule);

the pre-commencement payment may be recovered by the Commonwealth from the person as a debt due to the Commonwealth.

(7)       If:

                     (a)  a pre-commencement payment has been paid to a person in respect of a period; and

                     (b)  the amount of the pre-commencement payment (the paid amount) is greater than the amount (the payable amount) that would have been payable to the person in respect of that period had the payment been calculated by applying section 24AA of the Principal Act (as amended by this Schedule) to the person as if the person were qualified for exceptional circumstances relief payment under subsection 8A(7) of that Act (as inserted by this Schedule);

an amount equal to the difference between the paid amount and the payable amount may be recovered by the Commonwealth from the person as a debt due to the Commonwealth.

(8)       A debt that is recoverable under subitem (6) or (7) is, for the purposes of sections 1227A and 1231A of the Social Security Act 1991, taken to be a debt that is recoverable under section 56 of the Principal Act in respect of an amount of exceptional circumstances relief payment.

(9)       Subitems (6) and (7) do not, by implication, affect the recovery or set-off of overpayments of exceptional circumstances relief payment under the Principal Act.

27  Rate of past payments of exceptional circumstances relief payment

(1)       This item applies if, before the commencing day:

                     (a)  a person received a payment on the basis that, in respect of a period starting on or after 25 September 2007 and ending before the commencing day, the person satisfied:

                              (i)  the qualification criteria in subsection 8A(1) or (5) of the Principal Act; and

                             (ii)  the payability criteria in Division 2 of Part 2 of the Principal Act; and

                     (b)  the payment was calculated using a formula that is the same as that in subsection 24A(5) or (6) or subsection 24AA(6) or (8) of the Principal Act as amended by this Schedule; and

                     (c)  had the payment been calculated using the formula in that subsection as in force before the commencing day, all or some of the payment (the excess amount) would not have been payable to the person.

(2)       An excess amount may be recovered by the Commonwealth from the person to whom the payment was made as a debt due to the Commonwealth.

(3)       A person to whom an excess amount was paid is entitled, on the commencement of this item, to be paid by the Commonwealth an amount equal to the amount of the debt due to it by the person under subitem (2).

(4)       The Commonwealth may set-off the amount of a debt due to it by a person under subitem (2) against an amount that is payable to that person under subitem (3).

(5)       The Commonwealth may set-off classes of debt under subsection (4).

(6)       If:

                     (a)  an excess amount has been paid to a person in respect of a period; and

                     (b)  the person did not satisfy, in respect of that period:

                              (i)  the qualification criteria in subsection 8A(1) or (5) of the Principal Act; and

                             (ii)  the payability criteria in Division 2 of Part 2 of the Principal Act;

the excess amount may be recovered by the Commonwealth from the person as a debt due to the Commonwealth.

(7)       If:

                     (a)  an excess amount has been paid to a person as, or as part of, a payment mentioned in subitem (1) in respect of a period; and

                     (b)  an error was made when calculating the payment in respect of that period using a formula that is the same as that in subsection 24A(5) or (6) or subsection 24AA(6) or (8) of the Principal Act as amended by this Schedule; and

                     (c)  the excess amount (the paid amount) is greater than the excess amount (the payable amount) that would have been paid as, or as part of, the payment in respect of that period had the error not been made;

an amount equal to the difference between the paid amount and the payable amount may be recovered by the Commonwealth from the person as a debt due to the Commonwealth.

(8)       A debt that is recoverable under subitem (6) or (7) is, for the purposes of sections 1227A and 1231A of the Social Security Act 1991, taken to be a debt that is recoverable under section 56 of the Principal Act in respect of an amount of exceptional circumstances relief payment.

(9)       Subitems (6) and (7) do not, by implication, affect the recovery or set-off of overpayments of exceptional circumstances relief payment under the Principal Act.

(10)     Despite subitems (2) and (3), if, before the commencing day, an amount was disregarded for the 2007-08 financial year in a calculation that used a formula that is the same as that in subsection 24A(5) or (6) or subsection 24AA(6) or (8) of the Principal Act as amended by this Schedule, then the amount is to be treated, after the commencing day, as if it had been disregarded for that financial year under that subsection.

28  Ancillary benefits relating to the Social Security Act 1991 and the Social Security (Administration) Act 1999

(1)       If, before the commencing day, a thing (other than the payment of money) was done:

                     (a)  as if a pre-commencement payment or an excess amount were exceptional circumstances relief payment under the Principal Act; and

                     (b)  as if either or both of the Social Security Act 1991 and the Social Security (Administration) Act 1999 operated in relation to the payment;

then the thing is, for all purposes, taken to be as valid, and always to have been as valid, as it would have been if the pre-commencement payment or excess amount had been exceptional circumstances relief payment under the Principal Act as amended by this Schedule and the Social Security Act 1991 and the Social Security (Administration) Act 1999 had operated.

(2)       If an amount of money has been paid by the Commonwealth because a thing referred to in subitem (1) was done, the amount may be recovered by the Commonwealth from the person to whom the amount was paid as a debt due to the Commonwealth.

(3)       A person to whom an amount referred to in subitem (2) was paid is entitled, on the commencement of this item, to be paid by the Commonwealth an amount equal to the amount of the debt due to it by the person under subitem (2).

(4)       The Commonwealth may set-off the amount of a debt due to it by a person under subitem (2) against an amount that is payable to that person under subitem (3).

(5)       The Commonwealth may set-off classes of debt under subsection (4).

29  Appropriation

The Consolidated Revenue Fund is appropriated for the purpose of payments under subitems 26(3), 27(3) and 28(3).

Schedule 2

4  Application of amendments

The amendments made by items 1 to 3 of this Schedule apply in relation to absences from Australia that start on or after the commencement of this item.

Household Stimulus Package Act (No. 2) 2009 (No. 4, 2009)

Schedule 4

1  Administrative scheme for household stimulus payments

(1)       Subject to this item, a Minister administering:

                     (a)  the A New Tax System (Family Assistance) Act 1999; or

                     (b)  the Social Security Act 1991; or

                     (c)  the Farm Household Support Act 1992; or

                     (d)  the Veterans' Entitlements Act 1986;

may, by legislative instrument, determine a scheme under which household stimulus payments may be made to persons in particular circumstances. The Minister may, by legislative instrument, vary or revoke the scheme.

(2)       The circumstances in which the scheme provides for payments must be:

                     (a)  circumstances:

                              (i)  in which the Minister considers that Part 7 of the A New Tax System (Family Assistance) Act 1999 or Part 2.18 of the Social Security Act 1991 does not produce appropriate results; and

                             (ii)  that occur in the financial year starting on 1 July 2008; or

                     (b)  circumstances:

                              (i)  in which the Minister considers that Division 14 of Part 2.13A of the Social Security Act 1991 does not produce appropriate results; and

                             (ii)  that occur in the period starting on 1 July 2008 and ending on the day on which that Division ceases to have effect under section 665ZZE of that Act.

(3)       Without limiting the generality of subitem (1), the scheme may deal with the following:

                     (a)  the circumstances in which payments are to be made;

                     (b)  the amount of the payments;

                     (c)  what a person has to do to get a payment;

                     (d)  debt recovery;

                     (e)  administrative matters, such as determination of entitlement and how and when payments will be made.

(4)       Without limiting the generality of subparagraph (2)(a)(i), circumstances in which the provisions referred to in that subparagraph do not produce appropriate results may include the circumstance of an FTB child (within the meaning of the A New Tax System (Family Assistance) Act 1999) aged 19 or 20 on 3 February 2009.

(5)       Payments under the scheme are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.

Tax Laws Amendment (2009 Measures No. 1) Act 2009 (No. 27, 2009)

Schedule 3

102  Application

(1)       The amendments made by this Schedule apply in relation to income years starting on or after 1 July 2009.

Tax Laws Amendment (Transfer of Provisions) Act 2010 (No. 79, 2010)

Schedule 4

51  Application of other amendments

The amendments made by Parts 1 and 2 of this Schedule (other than item 2) apply to assessments for:

                     (a)  the 2010-11 income year; and

                     (b)  later income years.

Farm Household Support Amendment (Ancillary Benefits) Act 2010
(No. 92, 2010)

Schedule 1

2  Application

Section 52D of the Farm Household Support Act 1992 applies to the doing of things (including the making of payments) in connection with the Farm Family Support Scheme before, on or after the commencement of that section.