Farm Household Support Amendment Regulations 2008 (No. 1)

The Farm Household Support Act 1992 (the Act) establishes farm help income support, together with the farm help advice and training scheme and the farm help re-establishment grant scheme. These schemes provide financial assistance to eligible farmers to seek advice on their financial outlook and obtain further advice and training, as well as financial assistance on the sale of their farm enterprises.

Subsection 58(1) of the Act provides that the Governor‑General may make regulations prescribing all matters required or permitted by the Act to be prescribed, or necessary and convenient to be prescribed for carrying out or giving effect to the Act.

Subsection 6B of the Act provides that farm help income support is not payable to a person (a) in respect of a claim lodged at a time that is after 30 June 2007, or such later day as is prescribed; or (b) in respect of any period that is after 30 June 2008, or such later day as is prescribed.

However, the Farm Household Support Regulations 1993 were amended in 2007 to extend these dates to 30 June 2019 and 30 June 2020 respectively.

The purpose of the Regulations is to prescribe earlier dates to conclude farm help income support so that it will no longer be available for claims made after 30 June 2008.

The Regulations amend regulation 4A to change the deadline for lodging a claim to 30 June 2008 and the period for which support is payable to 30 June 2009.

The detail of the Regulations is set out in Attachment A.

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Consultation was undertaken with the Attorney General’s Department (Office of Legislative Drafting and Publishing), the Office of Best Practice Regulation and Centrelink during the development of this note.

The Regulations commenced on 30 June 2008.

Attachment A

Farm Household Support Amendment Regulations 2008 (No. 1)

Regulation 1 Name of Regulations

This regulation states that the Regulations are called the Farm Household Support Amendment Regulations 2008 (No. 1).

Regulation 2 Commencement

This regulation provides for the Regulations to commence on 30 June 2008.

Regulation 3 Amendment of Farm Household Support Regulations

This regulation provides that Schedule 1 amends the Farm Household Support Regulations 1993.

Schedule 1 Amendment

[1] Regulation 4A

This item replaces regulation 4A which refers to prescribed days for paragraph 6B (a) and paragraph 6B (b) of the Farm Household Support Act 1992.

4A Ending farm help income support – prescribed day (Act s. 6B)

(1)               For paragraph 6B (a) of the Act, 30 June 2008 is prescribed.

(2)               For paragraph 6B (b) of the Act, 30 June 2009 is prescribed.