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The main purpose of this Act is to improve the administration of rural assistance schemes by—
establishing the Rural Assistance Commissioner; and
transferring the remaining assets, liabilities and functions of the Rural Finance Corporation of Victoria to the Rural Assistance Commissioner; and
winding up the Rural Finance Corporation of Victoria; and
repealing the Rural Finance Act 1988 and the Young Farmers' Finance Council Act 1979.
This Act comes into operation on 30 June 2016.
In this Act—
Corporation means the Rural Finance Corporation of Victoria established under section 4 of the Rural Finance Act 1988;
Department has the same meaning as in the Public Administration Act 2004;
Department Head has the same meaning as in the Public Administration Act 2004;
former Corporation property means property, rights or liabilities of the Corporation that, under Part 3, have vested in, or become liabilities of, the Rural Assistance Commissioner;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
Member means the person appointed under section 12;
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in any real or personal property of any description;
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
rural assistance scheme means a Commonwealth or State scheme to assist, promote or develop rural and regional industries and communities;
S. 3 def. of Secretary amended by Nos 22/2022 s. 165, 41/2025 s. 4(Sch. 2 item 24.1).
Secretary means the Secretary, Department of Energy, Environment and Climate Action.
The Rural Assistance Commissioner is established.
The Rural Assistance Commissioner consists of the Member.
The Rural Assistance Commissioner—
is a body corporate with perpetual succession; and
has an official seal; and
may sue and be sued; and
may acquire, hold and dispose of real and personal property; and
may do and suffer all things that a body corporate may by law do and suffer.
The official seal of the Rural Assistance Commissioner must—
be kept in such custody as the Rural Assistance Commissioner directs; and
not be used except as authorised by the Rural Assistance Commissioner.
All courts must take judicial notice of the official seal of the Rural Assistance Commissioner affixed to any document.
In performing its functions and exercising its powers, the Rural Assistance Commissioner represents the Crown.
The object of the Rural Assistance Commissioner is to administer, facilitate and provide services and advice in relation to rural assistance schemes.
The Rural Assistance Commissioner has the following functions under this Act—
to administer and facilitate rural assistance schemes;
to bring together and coordinate financial resources for investment in rural and regional industries;
to provide services and advice to government with regard to rural and regional industries and affairs.
In addition to the powers expressly conferred by this Act, the Rural Assistance Commissioner has the power to do all things necessary and convenient for the performance of its functions under this Act.
Without limiting subsection (1), the Rural Assistance Commissioner may—
acquire, hold or dispose of real or personal property; and
enter into any agreement or contract; and
enter into any lease or licence; and
subscribe for or otherwise acquire, and hold and dispose of, shares in, or debentures or other securities of, a corporation; and
give indemnities, guarantees, releases and charges, and anything else of a similar nature; and
acquire (whether by creation, lease, licence, receiving the assignment or grant of, or otherwise), hold, accept as a security, or otherwise deal with, any intellectual property right (for example, a trade mark, patent, design, copyright (including an associated moral right), plant breeder's right, circuit layout right, trade secret, or right arising from confidential information); and
assign, grant, lease, license, sell, mortgage, use as a security, or otherwise encumber or dispose of, any intellectual property right; and
seek any remedy in relation to, or do anything necessary to enforce, protect, maintain, register or exploit, any intellectual property right; and
seek any remedy in relation to, or do anything necessary to enforce, protect, maintain or exploit any Crown copyright; and
engage consultants, contractors or agents; and
act as trustee; and
act as an agent of another person.
In the exercise of its powers and the performance of its functions the Rural Assistance Commissioner is subject to the direction and control of the Minister.
If the Member is not the Secretary, the Rural Assistance Commissioner—
is subject to the specific direction of the Minister; and
must perform its functions and exercise its powers under the general direction and control of the Secretary.
S. 11(1) amended by Nos 22/2022 s. 166(1), 41/2025 s. 4(Sch. 2 item 24.2).
The Rural Assistance Commissioner by instrument may delegate to any person employed in the Department of Energy, Environment and Climate Action any power, duty or function of the Rural Assistance Commissioner under this Act.
S. 11(2) amended by Nos 22/2022 s. 166(2), 41/2025 s. 4(Sch. 2 item 24.2).
The Rural Assistance Commissioner by instrument may delegate to the Department Head of a Department other than the Department of Energy, Environment and Climate Action any power, duty or function of the Rural Assistance Commissioner under this Act if the delegation is first approved by—
the Minister; and
S. 11(2)(b) substituted by No. 22/2022 s. 166(3).
the Minister administering the other Department or, if more than one Minister is responsible for that Department or for different parts of that Department, the Minister responsible for the relevant part of the other Department having regard to the power, duty or function that is proposed to be delegated; and
the Department Head of the other Department; and
if the Member is not the Secretary, the Secretary.
A Department Head to whom a power, duty or function is delegated under subsection (2) may delegate that power, duty or function to any person employed in the Department of that Department Head.
A delegation under this section may be made—
in relation to a person or class of persons specified in the instrument of delegation; or
in relation to the holder, or holder from time to time, of an office specified, or of each office in a class of offices specified, in the instrument of delegation.
The Governor in Council may, on the recommendation of the Minister, by Order in Council published in the Government Gazette appoint a person to be the Member for a period not exceeding 5 years as specified in the Order in Council.
The Member holds office, subject to this Act, on such terms and conditions as are specified by the Order in Council.
If the Member is unable, whether because of illness, suspension, absence or otherwise, to perform the duties of the Rural Assistance Commissioner, the Governor in Council may, on the recommendation of the Minister, by Order in Council published in the Government Gazette appoint a person to act in the place of the Member during the period of the inability.
A person appointed under this section to act in the place of the Member, while so acting—
has all the rights and powers, and must perform all the duties, of the Member; and
is to be paid any remuneration and allowances fixed by the Order in Council, having regard to the rate of remuneration and allowances for the time being payable to the Member in the Member's capacity as Member.