Rural Assistance Act 1989

This Act may be cited as the Rural Assistance Act 1989.

Except as provided by subsection (2), this Act commences on a day or days to be appointed by proclamation.

Clause 3 of Schedule 3, and section 58 in its application to that clause, commence on the date of assent.

The object of this Act is to promote the efficient delivery of programs of assistance to farmers and other persons engaged in rural industries, and to other persons as provided by this Act.

In this Act—

Authority means the New South Wales Rural Assistance Authority constituted by this Act.

Board means the New South Wales Rural Assistance Authority Board constituted by this Act.

Crown Lands Acts means—

the Crown Land Acts within the meaning of the Crown Land Management Act 2016, or

such Acts as may be prescribed by the regulations.

farm means the land on which a farmer engages in a farming operation.

farmer means a person who is engaged in a farming operation and includes a person who owns land cultivated under a share-farming agreement and the personal representatives of a deceased farmer.

farming operation means—

a farming (including dairy farming, poultry farming and bee farming), pastoral, horticultural or grazing operation, or

any other operation prescribed for the purposes of this definition.

officer includes an employee.

In this Act—

a reference to a function includes a reference to a power, authority and duty, and

a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

Notes included in this Act do not form part of this Act.

There is constituted by this Act a corporation with the corporate name of the New South Wales Rural Assistance Authority.

The Authority—

has the functions conferred or imposed on it by or under this or any other Act, and

is, for the purposes of any Act, a statutory body representing the Crown, and

is, in the exercise of its functions, subject to the control and direction of the Minister.

The Authority shall, in accordance with this or any other Act, provide assistance, and administer programs for the provision of assistance, to farmers or other persons engaged in rural industries or any other persons eligible to obtain such assistance.

The Authority may from time to time and shall at any time at the request of the Minister—

review and report on the operation of any program for the provision of assistance to farmers or other persons, or

report on any proposed program for the provision of assistance to farmers or other persons, or

publish information concerning the provision of assistance to farmers or other persons, or

advise the Minister on any matter relating to the provision of assistance to farmers or other persons or any other function of the Authority.

The Authority may authorise a bank, building society or credit union to carry out any of the following functions—

the lodging of applications for assistance,

the payment of money by, or to, the Authority,

the execution of documents on behalf of the Authority,

the transaction of any business or the doing of any act (other than the determination of applications for assistance) that the Authority is authorised or required to transact or do in the exercise of its functions.

The Authority may appoint agents, and act as agent for other persons.

The Governor may, by order, appoint the Authority to undertake (as an agent or otherwise) the exercise of the functions specified in the order on behalf of the Government or any body constituted by or under an Act.

An order may make provision for the payment to the Authority of money owing to or held by the Government or the body with respect to the functions specified in the order and has effect according to its tenor.

Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Authority to exercise its functions.

Note—

Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Authority makes use of) may be referred to as officers or employees, or members of staff, of the Authority. Section 47A of the Constitution Act 1902 precludes the Authority from employing staff.

There shall be a New South Wales Rural Assistance Authority Board.

The Board shall consist of—

the Chief Executive of the Authority, and

6 part-time members appointed by the Minister.

Of the part-time members—

2 shall be appointed to represent farmers, and

2 shall have such qualifications in banking or finance, farm management or an associated area as the Minister considers necessary to enable the Board to carry out its functions, and

2 are to have such backgrounds in social welfare, rural counselling, conservation or other areas as the Minister considers necessary to enable the Board to carry out its functions.

Schedule 1 has effect with respect to the constitution and procedure of the Board.

The Board has the following functions—

to advise the Minister on the provision of assistance under this Act,

to report to the Minister at least annually on—

the effectiveness of programs of assistance implemented under this Act in meeting the Government’s objectives for those programs, and

the performance of the Authority in the delivery of assistance under programs implemented or administered under this Act,

to determine the general policies of the Authority including by means of the setting of guidelines for the implementation of particular programs of assistance under this Act.

In exercising those functions, the Board shall, as far as practicable, ensure that the activities of the Authority are carried out properly and efficiently.

The Chief Executive of the Authority is the person employed in the Public Service as the Chief Executive of the Authority.