Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A certificate of inability to obtain finance is a certificate, in a form approved by the relevant Secretary, provided to the Secretary of the Department of Social Security by a finance institution that is a primary lender in respect of a farmer and stating that:
(a) the farmer has applied to the institution for a loan; and
(b) the institution does not propose to make any loan to the farmer because of the farmer's financial situation.
(2) A certificate in respect of a farmer has effect for 13 months from the day on which it was issued.
(3) However, a certificate in respect of a farmer ceases to have effect if:
(a) the farmer does not lodge such a claim within a month after the day the certificate is issued; or
(b) a finance institution makes a loan available to the farmer; or
(c) if the farmer is receiving farm help income support--farm help income support ceases to be payable to the farmer.
(4) In this section:
"primary lender" , in relation to a farmer, means:
(a) if the farmer does not owe a debt to a finance institution--any finance institution; or
(b) if the farmer owes a debt to only one finance institution--that institution; or
(c) if the farmer owes a debt to 2 or more finance institutions--the institution to which the greatest debt is owed.
(a) in relation to farm household support--the Secretary of the Department of Primary Industries and Energy; and
(b) in relation to dairy exit payments, farm help income support or re-establishment grants--the Secretary of the Department of Social Security.