Commonwealth of Australia Explanatory Memoranda

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FARM HOUSEHOLD SUPPORT AMENDMENT (TEMPORARY MEASURES) BILL 2018

                              2016-2017-2018




  THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                    HOUSE OF REPRESENTATIVES




              FARM HOUSEHOLD SUPPORT
       AMENDMENT (TEMPORARY MEASURES) BILL 2018




        SUPPLEMENTARY EXPLANATORY MEMORANDUM


 AMENDMENTS AND NEW CLAUSES TO BE MOVED ON BEHALF
               OF THE GOVERNMENT




(Circulated by authority of the Minister for Agriculture and Water Resources,
                       the Hon. David Littleproud MP)


AMENDMENTS TO THE FARM HOUSEHOLD SUPPORT AMENDMENT (TEMPORARY MEASURES) BILL 2018 GENERAL OUTLINE The proposed amendment to the Farm Household Support Amendment (Temporary Measures) Bill 2018 will allow the Minister, through a Minister's rule, to specify a start date for the increased farm assets period. The Minister for Agriculture and Water Resources may, by legislative instrument, make Minister's Rules under subsection 106(1) of the Farm Household Support Act 2014 (FHS Act). The Minister's rules may prescribe matters required or permitted by the FHS Act. The proposed amendment will allow the Minister to prescribe by a Minister rule when the farm assets test proposed in the Bill will begin. For example, the proposed amendment will allow the Minister to make a rule that the increased farm assets test period will begin on 1 September 2018. FINANCIAL IMPACT The proposed amendments will not alter the financial impact of the Bill. STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS The proposed amendments are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The full Statement of Compatibility with Human Rights is at the end of this supplementary explanatory memorandum. 2


NOTES ON AMENDMENTS Amendment 1 - will omit a reference to 1 November 2018 in Schedule 1, Item 1 and substitute a reference to "the day prescribed by the Minister's rules". The amendment will provide administrative flexibility, allowing the Minister to specify the date on which the increase to the farm assets threshold will begin. 3


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Farm Household Support Amendment (Temporary Measures) Bill 2018 The proposed amendments to the Bill are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Overview of the amendments The proposed amendment to the Farm Household Support Amendment (Temporary Measures) Bill 2018 will change the start date of the increased farm assets period from 1 November 2018 to a date prescribed by the Minister in a Minister's Rule. Human rights implications The proposed amendments to the Bill do not engage any of the applicable rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. Conclusion The proposed amendments are compatible with human rights as they do not engage with any recognised human rights and freedoms. (Circulated by authority of the Minister for Agriculture and Water Resources, the Hon. David Littleproud MP) 4


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