Rural Assistance Act 1989

Rural Assistance Act 1989

As at 1 January 2001

Reprint history:

Reprint No x 30 March 1992

Long Title

An Act to enable the provision of rural assistance; to constitute the New South Wales Rural Assistance Authority and to specify its functions; and for other purposes.

Part 1 - Preliminary

1 Name of Act

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

2 Commencement

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

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

2A Object of Act

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.

3 Definitions

(1) 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:

(a) the Crown Lands Acts within the meaning of the Crown Lands Act 1989 , or

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

(b) any other operation prescribed for the purposes of this definition.

officer includes an employee.

(2) In this Act:

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

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

Part 2 - New South Wales Rural Assistance Authority

Division 1 - Constitution of the Authority

4 Constitution of the Authority

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

(2) The Authority:

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

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

Division 2 - General functions of the Authority

5 Provision of rural assistance

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.

6 Review of programs of assistance etc

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

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

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

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

7 Arrangements with financial organisations

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

(a) the lodging of applications for assistance,

(b) the payment of money by, or to, the Authority,

(d) 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.

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

8 Other functions

(1) 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.

(2) 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.

Division 3 - Management of the Authority

9 Constitution of the Board

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

(2) The Board shall consist of:

(a) the Chief Executive of the Authority, and

(b) 6 part-time members appointed by the Minister.

(3) Of the part-time members:

(a) 2 shall be appointed to represent farmers, and

(b) 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

(c) 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.

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

10 Functions of Board

(1) The Board has the following functions:

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

(b) to report to the Minister at least annually on:

(i) the effectiveness of programs of assistance implemented under this Act in meeting the Government's objectives for those programs, and

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

(c) 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.

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

11 Chief Executive of the Authority

(1) The Governor may appoint a Chief Executive of the Authority.

(2) Schedule 2 has effect with respect to the Chief Executive.

12 Chief Executive to manage the Authority

(1) The affairs of the Authority shall be managed and controlled by the Chief Executive in accordance with the policies of the Board.

(2) Any act, matter or thing done in the name of, or on behalf of, the Authority by the Chief Executive shall be taken to have been done by the Authority.

12A Authority to provide Board with information

The Authority must provide to the Board such information as the Board may from time to time request with respect to the following:

(a) the implementation by the Authority of guidelines advised by the Board in respect of particular programs of assistance under this Act,

(b) the delivery of assistance by the Authority under programs implemented or administered under this Act,

12B Review of composition of Board

At least once within each 5 year period occurring from the commencement of this section the Minister is to review the requirements of this Act as to the composition of the Board for the purpose of ensuring that decisions of the Board continue to reflect community views on rural assistance and disaster relief issues.

Division 4 - Staff of the Authority

13 Employment of staff

(1) Such staff as may be necessary to enable the Authority to exercise its functions shall be employed under the Public Sector Management Act 1988 .

(2) The Authority may arrange for the use of the services of any staff (by secondment or otherwise) or facilities of a Government department, an administrative office or a public or local authority.

14 Consultants

The Authority may engage such consultants as the Authority requires to exercise its functions.

Part 3 - Provision of assistance

Division 1 - Applications

15 Applications for assistance

(1) A farmer or another person engaged in a rural industry, or any other person eligible to apply to the Authority for assistance under this or any other Act or under any program administered by the Authority, may apply to the Authority for assistance.

(2) An application shall:

(a) be in the form approved by the Authority, and

(b) identify the assistance sought, and

(d) be accompanied by such information and documents as the Authority may require, and

(e) be lodged at the office of the Authority.

(3) The Authority may, with the consent of the applicant, amend an application.

16 Determination of applications

(1) The Authority shall determine an application for assistance:

(a) by granting assistance to the applicant, or

(b) by refusing to grant assistance to the applicant.

(2) If the Authority refuses to grant assistance, the Authority shall, as soon as practicable after so refusing, cause notice of the refusal to be served on the applicant.

(3) The Authority may grant assistance of a kind that is different from the assistance applied for.

17 Matters to be considered

(1) In determining an application for assistance, the Authority shall consider any matter that it is required, by or under this or any other Act, to consider in relation to any such application.

(2) The regulations may prescribe matters to be considered either generally or in relation to a particular class of assistance.

Division 2 - State programs of assistance

18 Programs of assistance

(1) The Authority may establish programs for the grant of assistance to farmers and other persons engaged in rural industries, for the following purposes:

(a) increasing the level of investment in sustainable land and water management practices,

(b) increasing the level of investment in self-preparedness measures that assist them in responding to adjustment pressures and industry downturns,

(d) such other purposes in connection with the carrying on of farming operations or rural industries as the Minister may from time to time determine to be appropriate to be the subject of a program of assistance under this Act.

(2) Under such a program the Authority may grant assistance for any one or more of the following purposes:

(a) effecting permanent improvements to a farm (including fencing, fodder or grain storage facilities, stockyards and water supplies of a minor nature),

(b) effecting production improvements to a farm (including pasture improvement, fodder conservation and stock improvement),

(c) providing relief to a person who is, in the opinion of the Authority, in urgent and genuine need of assistance due to losses suffered through natural disaster,

(d) such other purposes as the Minister may from time to time determine.

(3) Without limiting the generality of subsection (2) (c), assistance may be provided under that paragraph for the following purposes:

(a) replacing lost or damaged farm improvements and stock,

(b) enabling farming operations to continue,

(d) such other purposes (including any purposes for which assistance may be granted under subsection (2) (a), (b) or (d)) as the Minister may from time to time determine.

(4) Before determining that a grant of assistance to a farmer or person engaged in a rural industry be made, the Authority must consider the principles of ecologically sustainable development described in section 6 (2) of the Protection of the Environment Administration Act 1991 .

19, 20 (Repealed)

21 Assistance which may be granted

(1) The Minister may from time to time determine the kind of assistance which may be granted either generally or in a particular class of cases.

(2) The Authority may grant assistance under this Division by way of:

(a) an interest subsidy of interest payable on, or the associated costs of, a loan, or both, or

(b) a loan, or

22 Conditions of assistance

The Authority may, in granting assistance under this Act, impose such terms and conditions on the grant of assistance as it thinks fit and may, for that purpose, enter into a contract or agreement with any person to whom it grants assistance.

23 Loans etc

Loans may be made by the Authority on such securities and subject to such terms and conditions as may determined by the Minister either generally or in a particular class of cases (including provision for payment of interest at a rate fixed by the Treasurer).

24 Charges on land

(1) Any money lent under this Act together with all interest on that money and any costs of recovery of that money is a charge in favour of the Authority over any estate or interest in land of the person to whom the money is lent.

(2) The charge has no effect unless:

(a) in the case of an estate or interest in land under the Real Property Act 1900 --the Authority lodges with the Registrar-General a caveat against any dealings not consistent with the charge, or

(b) in the case of an estate or interest in any other land--the Authority registers the charge in the register of causes, writs and orders affecting land kept in the office of the Registrar-General.

Division 3 - Administration of Commonwealth and other programs

25 Administration of Commonwealth and other programs

(1) The Minister may, by order, appoint the Authority as the authority to administer (either wholly or partly) a program to provide assistance to:

(a) farmers or other persons engaged in rural industries, or

(b) persons who have disposed of or are disposing of their farms, or

being a program that would not otherwise be administered by the Authority.

(2) Without limiting the generality of subsection (1), the Minister may appoint the Authority as the authority to administer a program that:

(a) is established by or under a Commonwealth Act or pursuant to an agreement between the State and the Commonwealth, or

(b) is not established by or under any Act.

(3) An order appointing the Authority as the authority to administer (either wholly or partly) any such program may confer specified functions on the Authority.

(4) If an appointment is made under this section, the Authority may:

(a) to the extent specified in the order, administer the program concerned, and

(b) exercise any functions conferred by the order as well as (subject to this Act) do all such things as are necessary for, or incidental to, the administration of the program, and

(5) The regulations may make provision with respect to the exercise of functions conferred by an order under this section or the administration of any program which the Authority administers by virtue of this section.

26 Financial arrangements

(1) Any money held or received by the State for the purposes of a program that the Authority is appointed to administer under section 25 shall be paid into the Rural Assistance Authority Fund.

(2) Except where the Treasurer otherwise determines, the Authority shall keep money held for the purposes of a particular program in a separate account in the Rural Assistance Authority Fund.

27 Acquisition of land etc

(1) If, for the purposes of administering a program referred to in section 25, the Authority is required or permitted to acquire or dispose of land, the Authority may acquire or dispose of that land even though:

(a) a consent or permission required by or under a prescribed Act has not been obtained or granted, or

(b) the Authority is not qualified by or under a prescribed Act to hold that land.

(2) The Authority shall not, for the purposes of administering a program referred to in section 25, dispose of land to, or lend money for the acquisition of land by, a person if the price of the land exceeds:

(a) the fair market value of the land, or

(b) the maximum price, as determined by the Authority, at which a competent person could succeed if the land were acquired by such a person under the program,

whichever is the lesser.

(3) In this section, fair market value , in relation to land, means the fair market value of the land as determined by the Authority, having regard to the productive capacity of the land under fair average seasons, prices and conditions and to such other matters as the Authority considers relevant.

Division 4 - (Repealed)

Part 4 - Provisions relating to debtors and Crown lands

35 Authority's powers with respect to debtors etc

(1) The Authority may, despite the provisions of any other Act or regulations made under any such Act:

(a) waive the payment by a person of any money to which this section applies, or

(b) waive the payment by a person of any interest payable on money to which this section applies, or

(c) fix the terms of payment of and the rate of interest to be paid on money to which this section applies or, if payment has been waived in part, on the residue of that money, or

(d) amend the terms of repayment of money to which this section applies, whether or not by suspending or allowing further time for payment, or

(e) write off either wholly or partly money to which this section applies which, in the opinion of the Authority, is not recoverable, or

(f) take any action to enable the recovery of money to which this section applies, to secure its repayment or to preserve or protect a security for its repayment, such as the selling or foreclosing of mortgaged property and taking a new or additional security or postponing a security.

(2) This section applies to money owed by a person to:

(a) the Rural Assistance Board as constituted under the Rural Assistance Act 1932 in respect of assistance granted or administered by that Board, or

(b) the State Bank in respect of an advance made by the Bank under Division 2, 3 or 5 of Part 4 of the State Bank Act 1981 or under the Farm Water Supplies Act 1946 or by virtue of an order made under section 37 of the State Bank Act 1981 appointing the Bank to carry out functions under the Soil Conservation Act 1938 , or

(d) the Authority in respect of assistance granted before or after the commencement of this section, or

(e) any other person or body prescribed for the purposes of this section by the regulations.

36 Effect of Crown Lands Acts

(1) The powers and remedies conferred on the Authority under this Act are not in any way limited by the provisions of the Crown Lands Acts.

(2) Nothing in the Crown Lands Acts invalidates or affects a mortgage or transfer given or made to the Authority to secure any loan or interest on a loan or any remedy for the recovery of the loan or interest.

(3) Any such mortgage or transfer may be given or made, and any sale or foreclosure may be effected, even though the land the subject of the mortgage or transfer could not under the terms of the Crown Lands Acts be so transferred, assigned or otherwise dealt with.

37 Consent not required to the registration of certain transfers

(1) Despite anything to the contrary in the Crown Lands Acts or in the regulations under those Acts, the consent of the Minister administering any of those Acts or of any other person is not required in connection with the registration of transfers to the Authority to secure loans made under this Act or in connection with the registration of transfers by ways of release of mortgage to the original borrower.