Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears, the following definitions have the same meaning as in the Social Security Act 1991 :
"Commonwealth funded employment program"
"prescribed educational scheme"
(2) In this Act, unless the contrary intention appears:
"ABN" (short for Australian Business Number) has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999 .
"activity plan" has the meaning given by subsection 8B(3).
"advice on financial outlook" has the meaning given by subsection 8B(2).
"applicable rate" has the meaning given by section 24.
"certificate of inability to obtain finance" has the meaning given by section 4.
"Chief Executive Centrelink" has the same meaning as in the Human Services (Centrelink) Act 1997 .
"dairy exit payment" means a payment under the DEP scheme.
"dairy-type grant" means a re-establishment grant designated under the farm help re-establishment grant scheme as a dairy-type grant.
"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975 .
"Department" means the Department of Social Security.
"DEP scheme" means the scheme referred to in section 52C.
(a) if a person is a farmer:
(i) any right or interest of the person in the land used for the purposes of the farm enterprise in relation to which the person is a farmer; and
(ii) any farm plant and machinery, farm livestock or other asset essential for the effective running of the farm enterprise; and
(iii) any rights of the person under an insurance policy in relation to the person's life or under a superannuation scheme; and
(b) if a person carries on a small business:
(i) any right or interest of the person in land used for the purposes of the business; and
(ii) any plant and machinery, stock or other asset essential for the effective running of the business; and
(iii) any rights of the person under an insurance policy in relation to the person's life or under a superannuation scheme.
"exempt livestock proceeds" means proceeds of a forced disposal of farm livestock by a person at a time when an exceptional circumstances certificate referred to in section 8A applies to the person, or during a period in respect of which farm help income support is payable to the person, to the extent to which the proceeds are invested in:
(a) a deposit under the Loan (Income Equalization Deposits) Act 1976 ; or
(aa) a farm management deposit (within the meaning of the Income Tax Assessment Act 1997 ); or
(b) a deposit with a term of at least 3 months with a bank or other institution that receives money on deposit.
"farm enterprise" means an enterprise carried on within any of the agricultural, horticultural, pastoral, apicultural or aquacultural industries.
"farmer" means a person who has a right or interest in the land used for the purposes of a farm enterprise.
"farm help advice and training scheme" means the scheme referred to in section 52B.
"farm help re-establishment grant scheme" means the scheme referred to in section 52A.
"farm help scheme payment commencement day" is the day on which item 2 of Schedule 1 to the Farm Household Support Amendment Act 2000 commenced.
"farm help scheme payments" means payments of the following kinds:
(a) payments of farm help income support;
(b) payments of re-establishment grants;
(c) payments of farm help advice and training grants.
(a) a bank; or
(b) any other prescribed institution, being an institution that makes finance available to farmers.
"former RAS (Part C) beneficiary" means a person who:
(a) immediately before the commencement of this Act was receiving Part C assistance by way of loans under a RAS scheme; and
(b) is, and has continuously been from the commencement of this Act, receiving farm household support.
"Human Services Department" means the Department administered by the Human Services Minister.
"Human Services Minister" means the Minister administering the Human Services (Centrelink) Act 1997 .
"industry services body" has the same meaning as in the Dairy Produce Act 1986 .
"liquid assets" , in relation to a person, has the same meaning as in section 198N of the Social Security Act 1991 .
Note: The expression is defined for the purposes of that section in section 19B of that Act.
"maximum fortnightly rate" , in relation to a person, means the rate determined by the Secretary under Division 1 of Part 4 to be the maximum fortnightly rate at which farm household support may be paid to the person.
"off-farm salary and wages" has the meaning given by subsection 24A(7).
"RAS scheme" means a scheme of assistance established and operated by a State or Territory under the agreement between the Commonwealth and that State or Territory executed on behalf of the Commonwealth under section 4 of the States Grants (Rural Adjustment) Act 1988 .
"re-establishment grant" means a grant under the farm help re-establishment grant scheme.
"sale of a farm enterprise" means a transaction as a result of which the rights or interests of a person in:
(a) a farm enterprise; and
(b) the land used for the purposes of the farm enterprise;
are transferred to another person.
"Secretary" means the Secretary to the Department of Social Security.
"severe financial hardship" has the meaning given in section 5.
"small business" means a business with less than 100 employees.
Note: Subsection (3) sets out how this is to be worked out where there are part-time employees.
"youth training allowance" means a youth training allowance under Part 8 of the Student and Youth Assistance Act 1973 as in force before 1 July 1998.
(3) In counting employees for the purposes of the definition of small business in subsection (2), take part-time employees into account as an appropriate fraction of a full-time equivalent.
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