Rural Adjustment Act 1995

Rural Adjustment Act 1995

This Act may be cited as the Rural Adjustment Act 1995.

This Act commences on the day on which it receives the Royal Assent.

In this Act, unless the contrary intention appears – Agreement means the agreement, a copy of which is set out in Schedule 1;Authority means the Tasmanian Development Authority established under the Tasmanian Development Act 1983; financial assistance includes financial assistance by way of agreement or a loan;Scheme means the Rural Adjustment Scheme continued under section 6; spouse, in relation to a person, includes the person who is in a significant relationship, within the meaning of the Relationships Act 2003, with that person.

A reference to the Agreement includes – a reference to the Agreement as amended from time to time in accordance with clause 25 (3) of the Agreement; and any other agreement authorized, approved or ratified by Parliament for the operation of the Scheme.

A word or expression used in this Act and which is defined in the Agreement has, unless the contrary intention appears, the same meaning as in the Agreement.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

The execution of the Agreement is ratified.

The provisions of the Agreement have the force of law as if the Agreement were enacted by this Act.

The Minister, relevant statutory authorities and agencies, on behalf of the State – are empowered and required to do all things necessary to implement and enforce the Agreement; and are empowered to exercise all powers, rights and discretions conferred on them respectively under the Agreement; and are required to perform all obligations imposed on them respectively under the Agreement.

The Rural Adjustment Scheme established under section 5 of the Rural Adjustment Act 1977 and continued under section 6 of the Rural Adjustment Act 1988 and section 6 of the Rural Adjustment Act 1990 to provide financial assistance to persons engaged in rural industries is continued so as to provide support to persons engaged in the farm sector.

The Authority must administer and operate the Scheme on behalf of the State.

The functions of the Authority are –

the operation of the Scheme; and such other functions as the Minister determines.

For the purpose of enabling it to carry out the functions referred to in section 7, the Authority may exercise all powers, rights, privileges and discretions as are necessary to carry out those functions.

For the purpose of meeting the objectives of the Scheme and the Agreement, the Authority may trade in or otherwise deal with land.

A farmer who is eligible under the Scheme may apply to the Authority for support under the Scheme.

An application under subsection (1) is to be made in the form and manner determined by the Authority.

For the purpose of considering an application, the Authority may require – the applicant to make a statutory declaration in relation to any statement made in that application; and the applicant, the applicant's spouse and any creditor of the applicant to produce the information, accounts and documents which the Authority considers relevant.

Subject to the Agreement, the Authority may – grant support subject to such conditions as it determines; or refuse to grant support.

Without limiting the conditions the Authority may determine under subsection (1)(a), the Authority must make the grant of support subject to the condition that the applicant work and manage the farm enterprise in respect of which the support is granted to the satisfaction of the Authority.

The Authority may alter, revoke or substitute a condition determined by it under this section, other than the condition specified in subsection (2).

The repayment of any loan made under the Scheme together with the interest on the loan is to be secured in the manner determined by the Authority.

The Authority may, in the interests of a farmer, consent to the postponement of any security given by the farmer in favour of another person if – that other person agrees in writing with the Authority to lend money to the farmer in consideration of the postponement; and the money is lent to the farmer for such purposes as the Authority may determine.

Where a security taken by or on behalf of the Authority – is in respect of any chattels or land, the chattels or land must not be disposed of or otherwise dealt with without the consent of the Authority; and is a mortgage in respect of land under the Land Titles Act 1980, the mortgage operates as provided in this section from the date of its lodgement for registration.

Where a loan has been made under the Scheme – the money lent; or any right of the borrower to the loan under any instrument or by reason of a deposit; or any property bought with the loan – is not and must not be affected by, or taken under, any process of execution or any judgement or order against the borrower obtained by a person other than the Authority.