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Farm Household Support Amendment Bill 2000
Schedule  3 Transitional provisions relating to farm help income support and the farm help re-establishment grant scheme

Part 1 Transitional provisions relating to Schedule 1

1  Restart beneficiaries automatically entitled to farm help

(1)       A person who was receiving restart income support immediately before the farm help scheme payment commencement day is, on and after that day, entitled to receive farm help income support without making a claim under Part 3 of the amended FHS Act.

(2)       Farm help income support is then payable to the person subject to the provisions of the amended FHS Act.

2  Payments of restart income support taken to be farm help income support

A payment of restart income support made before the farm help scheme payment commencement day to a person is taken to be a payment of farm help income support to the person for the following purposes:

                     (a)  sections 8D and 8E of the amended FHS Act;

                     (b)  the farm help re-establishment grant scheme;

                     (c)  the farm help advice scheme;

                     (d)  the DEP scheme.

3  Effect of directions etc.

If, before the farm help scheme payment commencement day, the Secretary gave a direction to a person under section 13A of the Farm Household Support Act 1992 , or under the restart re-establishment grant scheme, section 13A and section 52A of the amended FHS Act and the farm help advice scheme apply, after that day, as if the direction had been given to the person under section 13A of the amended FHS Act, or under the farm help re-establishment grant scheme, as the case requires.

4  Claims made but not determined before farm help scheme payment commencement day

A claim for restart income support, or an application or request for a restart re-establishment grant made, but not determined, before the farm help scheme payment commencement day is to be treated, after the farm help scheme payment commencement day, as if it were a claim for farm help income support, or an application or request for a farm help re-establishment grant, as the case requires.

5  References to decisions in section 20

Section 20 of the amended FHS Act has effect as if a reference in that section to a decision rejecting a person’s claim for farm help income support included a reference to a decision made before the farm help scheme payment commencement day rejecting a person’s claim for restart income support.

6  Part 10

Part 10 of the amended FHS Act has effect after the farm help scheme payment commencement day as if references in that Part to farm help income support included references to restart income support.

6A  Effect of sections 53 and 53A

Subsections 53(4) and 53A(8) of the Farm Household Support Act 1992 are taken, for all purposes, to have effect as if the definition of this Act in each of those subsections had, throughout the period:

                     (a)  beginning on 1 December 1997; and

                     (b)  ending on the farm help scheme payment commencement day;

included a reference to the restart advice scheme and the restart re-establishment grant scheme (within the meaning of the Farm Household Support Act 1992 as in force immediately before the farm help scheme payment commencement day).



 

Part 2 Transitional provisions relating to Schedule 2

7  Transitional provisions

(1)       Paragraph 116(2)(mca) of the Bankruptcy Act 1966 has effect after the farm help scheme payment commencement day as if the reference in that paragraph to a farm help re-establishment grant included a reference to a restart re-establishment grant.

(2)       Section 5DA of the Health Insurance Act 1973 has effect after the farm help scheme payment commencement day as if references in that section to farm help income support included references to restart income support.

(3)       The Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997 continue to have effect, after the farm help scheme payment commencement day, in relation to payments of restart income support made in respect of periods before that day, as if the repeals and amendments made by Schedule 2 had not happened.

(4)       Sections 1227A and 1231A of the Social Security Act 1991 continue to have effect, after the farm help scheme payment commencement day, as if references in those sections to farm help income support included references to restart income support.

7A  Effect of certain definition in Social Security Act

Subsection 23(1) of the Social Security Act 1991 is taken, for all purposes, to have effect as if the definition of Farm Household Support Act 1992 in that subsection had, throughout the period:

                     (a)  beginning on 1 December 1997; and

                     (b)  ending on the farm help scheme payment commencement day;

included a reference to the restart advice scheme and the restart re-establishment grant scheme (within the meaning of the Farm Household Support Act 1992 as in force immediately before the farm help scheme payment commencement day).



 

Part 3 Definitions

8  Definitions

In this Schedule:

amended FHS Act means the Farm Household Support Act 1992 as amended and in force from time to time after the commencement of item 2 of Schedule 1 to the Farm Household Support Amendment Act 2000 .

restart income support has the meaning given by the Farm Household Support Act 1992 as in force immediately before the farm help scheme payment commencement day.

restart re-establishment grant has the meaning given by the Farm Household Support Act 1992 as in force immediately before the farm help scheme payment commencement day.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(152/00)