rural reconstruction and rural adjustment schemes

Approved for Reprint 21st December, 1978.

WESTERN AUSTRALIA.

RURAL RECONSTRUCTION

AND RURAL ADJUSTMENT

SCHEMES.

No. 17 of 1971:

[As amended

No. 88 ofNo. 31 of

and reprinted1938.]

by Acts:

1973, assented to 21st December, 1973;1977, assented to 3rd November, 1977;

pursuant to the Amendments Incorporation Act,

AN ACT to approve and give effect to an Agreementbetween the Commonwealth and the Stateproviding for the establishment and operationof a scheme of financial assistance to personsengaged in rural industries in the State; andfor incidental purposes.

[Assented to 14th October, 1971.]

BE it enacted-

1. This Act may be cited as the Rural Recon-struction and Rural Adjustment Schemes Act, 1971-1977.

1 Came Into operation 22nd October, 1971; see G.G. 22/10/71. P. SOO.

77353/7/78-1,500-L/2841

Short title.Amended byNo. 91 of1977, 5. 1.

2 Rural Reconstruction and Rural AdjustmentSchemes.

Commence-ment. 2. This Act shall come into operation on a date

to be fixed by proclamation.'

Definitions. 3. In this Act, unless the contrary intentionAmende bydNo. 88 of appears-1973, s. 2;No of. 311977, e. 2.

"a scheme" means a scheme establishedpursuant to section 6 of this Act;

"agreements" means the respective agreementsbetween the Commonwealth and the Stateof which copies are set forth in theschedules to this Act;

"Authority" means The Rural AdjustmentAuthority established under this Act;

"farmer" means(a) a natural person who being a

resident of the State and an owner,lessee or occupier of land therein ispersonally engaged, otherwise thanas an employee, in rural industry onthat land, whether on his ownaccount or under a share farmingagreement; or

(b) a personal representative of any suchindividual person,

and includes a • company of which theAuthority is satisfied that the shareholdersare bona fide primary producers relyingprimarily on the income of the company fortheir livelihood;

"protected farmer" means a farmer who isnominated as such in a protection order;

"protection order" means a current protectionorder issued by the Authority under thisAct;

I See footnote 1 on page 1.

Rural Reconstruction and Rural Adjustment 3Schemes.

"rural industry" means agricultural, horticul-tural, pastoral, grazing and dairyingindustries carried on in the State andwithout affecting the generality of theforegoing provisions, includes dairy farm-ing, poultry farming, bee keeping andviticultural operations;

"the first agreement" means the agreementbetween the Commonwealth and the Statea copy of which is set forth in the FirstSchedule to this Act;

"the second agreement" means the agreementbetween the Commonwealth and the Statea copy of which is set forth in the SecondSchedule to this Act;

"the third agreement" means the agreementbetween the Commonwealth and the Statea copy of which is set forth in the ThirdSchedule to this Act;

"the Rural Reconstruction Scheme" means theScheme mentioned in paragraph (a) ofsection 6 of this Act;

"the Rural Adjustment Scheme" means theScheme mentioned in paragraph (b) ofsection 6 of this Act.

4. This Act binds the Crown in right of the State.. gl3tvg.

5. (1) The first agreement is approved and the Firstagreementdoing or performance of all such acts, matters or approved.

Amendedthings Am Noas are necessary to give effect thereto is by .d 88 of1973, a. 3:hereby authorized. No. 31 of1977, a. 3.

(2) Without affecting the operation of subsection(1) of this section, all acts, matters and things that,by the first agreement, are agreed, directed,authorized or permitted to be made, done orexecuted by or on behalf of the State, its authoritiesand instrumentalities or by the Minister or any


other person specified therein, whether named as aparty to the first agreement or not, are herebysanctioned, authorized and confirmed.

(3) [Added by No. 88 of 1973, s. 3. Deleted by No.31 of 1977, s. 3.]

Secondagreementapproved.Added byNo. 88 of1973, 5. 4.

5A. (1) The second agreement is approved andthe doing or performance of all such acts, mattersor things as are necessary to give effect thereto ishereby authorized.

(2) Without affecting the operation of subsection(1) of this section, all acts, matters and things thatby the second agreement are agreed, directed,authorized or permitted to be made, done orexecuted by or on behalf of the State, its authoritiesand instrumentalities or the Minister, or any otherperson specified therein, whether named as a partyto the second agreement or not, are herebysanctioned, authorized and confirmed.

Thirdagreementapproved.Added byNo. 31 of1977, S 4.

5B. (1) The third agreement is approved and thedoing or performance of all such acts, matters orthings as are necessary to give effect thereto ishereby authorized.

(2) Without affecting the operation of subsection(1) of this section, all acts, matters and things thatby the third agreement are agreed, directed,authorized or permitted to be made, done orexecuted by or on behalf of the State, its authoritiesand instrumentalities or by the Minister, or by anyother person specified therein, whether named asa party to the third agreement or not, are herebysanctioned, authorized and confirmed.

Rural Reconstruction and Rural AdjustmentSchemes.

6. For the purpose of rendering financialassistance to persons engaged in rural industry inthe State, there shall be

(a). a Rural Reconstruction Scheme as providedfor in the first agreement and the secondagreement; and

(b) a Rural Adjustment Scheme as providedfor in the third agreement.

TheSchemes.Repealedandre-enactedby No. 31 of1977. e. 5.

7. The corporation established pursuant to litudithilstra-

section 8 of this Act is charged with the duty of Repealedand

administering on behalf of the State— re-enactedby No. 31 of1977, a O.

(a) the Rural Reconstruction Scheme; and

(b) the Rural Adjustment Scheme,as the Authority under the agreements.

8. (1) The corporation hitherto established bythis Act under the name of "The Rural Reconstruc-tion Authority" shall on and after the coming intooperation of the Rural Reconstruction Scheme ActAmendment Act, 1977, be preserved and continuein existence as a body corporate under and subjectto the provisions of this Act by the name "The RuralAdjustment Authority", but so that the corporateidentity of the body corporate and its rights, powers,functions, duties and liabilities are not affectedotherwise than by virtue of the agreements.

(2) The Authority is a body corporate withperpetual succession and a common seal and iscapable of holding real and personal property, andof suing and being sued, and of doing and sufferingall other acts and things as bodies corporate maylawfully do and suffer.

Establish-ment ofAuthority.Amendedby No. 31 of1977. e. 7.


(3) All courts, judges and persons acting judici-ally shall take judicial notice of

(a) the constitution of the Authority;

(b) the common seal of the Authority affixedto a document and shall presume that itwas duly affixed; and

(c) the appointment of the Chairman and ofthe Deputy Chairman and of their respec-tive signatures.

(4) A reference to The Rural ReconstructionAuthority, whether by use of that name or a similaror abbreviated form of that name

(a) in a law of the State passed or made;

(b) in any document or other instrument made,executed, entered into or done; or

(c) made in any other manner,

before the coming into operation of the RuralReconstruction Scheme Act Amendment Act, 1977,shall, unless the context is such that it would beincorrect or inappropriate so to do, be read andconstrued as a reference to The Rural AdjustmentAuthority.

(5) For the purposes of subsection (4) of thissection the term "law of the State" means

(a) an Act;

(b) regulations, rules or by-laws having effectby virtue of an Act; and

(c) an instrument having effect by virtue of anAct or of any regulations, rules or by-lawshaving effect by virtue of an Act.

Membershipof theAuthority.

9. (1) The Authority shall consist of fourmembers, namely

(a) a person who is a Commissioner of TheRural and Industries Bank of WesternAustralia or who is a member of the staffof that Bank;


(b) a person who is employed in the StateTreasury Department;

(c) a person who is employed in the StateDepartment of Agriculture; and

(d) a person who is or has been engaged in arural industry in the State and who isspecially qualified for appointment as suchmember by reason of his experience therein.

(2) The members of the Authority shall beappointed by the Governor.

(3) The Governor shall designate one of themembers of the Authority to be the Chairmanthereof.

(4) Each member of the Authority shall holdoffice during the pleasure of the Governor.

(5) A member of the Authority who is an officerof the State Public Service may hold office as sucha member in conjunction with his office as suchofficer.

(6) Subject to the requirements as to a quorum,the performance of the functions or the exerciseof the powers of the Authority is not affected byreason of there being a vacancy in the member-ship thereof.

10. (1) If the Chairman of the Authority or anymember thereof is incapacitated by illness, absenceor other sufficient cause from performing the dutiesof his office as such, the Minister may appoint aperson having the appropriate qualification inaccordance with subsection (1) of section 9 of thisAct, to act as deputy for the Chairman or to actas a deputy for that member during the incapacityof the Chairman or member, as the case may be.

Deputies.


Resignationof memberandvacancies inmembershipof theAuthority.

(2) Any such deputy of the Chairman or deputyof a member shall, while he acts as such, be deemedto be the Chairman or member of the Authorityand has respectively all the powers, authorities,duties and functions of the Chairman or memberfor whom he is acting as deputy.

(3) The Minister may at any time cancel anappointment made by him under this section.

11. (1) A member of the Authority may resignhis office by written notice given to the Governor.

(2) If any member of the Authority dies, orresigns, or otherwise ceases to be a member, thevacancy created shall be filled by the appointmentby the Governor of some person so that the Auth-ority is constituted as provided in section 9 of thisAct.

Remunera-tion andallowancesof membersof theAuthority.

12. Each member of the Authority is entitled toreceive

(a) such remuneration for his services as isfixed by the Governor; and

(b) such travelling expenses as are prescribed,with respect to him.

Meetingsof theAuthority.

13. (1) Meetings of the Authority shall be heldat such times and places as the Authority may, fromtime to time, determine.

(2) The Minister may at any time call a meetingof the Authority.

(3) At any meeting of the Authority the quorumnecessary for the transaction of business is threemembers.


(4) The Chairman of the Authority shall presideat all meetings thereof at which he is present.

(5) In the absence of the Chairman from anysuch meeting the Deputy Chairman shall presidethereat.

(6) Where, at a meeting of the Authority, themembers are divided in opinion on a question, thatquestion shall be decided according to the decisionof the majority, but where the opinion is evenlydivided the decision shall be made by the Minister.

(7) Subject to this Act, the Authority mayregulate its procedure in such manner as it thinksfit.

"This Act"Vide a. 4Act No. 30of 1918.

14. The Authority shall have under its controland direction a chief executive officer to be knownas the Administrator and such number of otheroffices as the Authority determines is necessary toenable it to effectually carry out its functions underthis Act, and of which the Minister approves.

Staff of theAuthority.

15. (1) The function of the Authority is to Functionsand powers

operate the Rural Reconstruction Scheme and the of theAuthority.

Rural Adjustment Scheme and for that purpose the Amendedby No.Authority has all such powers, rights and privileges 1977. a.

318 of

as may be reasonably necessary to enable it to carryout that function.

(2) The Authority may carry out, subject to theagreements, such other functions as may beprescribed.

(3) For the purpose of assisting the Authority tooperate the Rural Reconstruction Scheme and theRural Adjustment Scheme, the Authority may, with


The Funds.Amendedby No. 31 of1977. a. 9.

the consent of the Minister having the administra-tion of the Act relating to a department of the PublicService of the State or an instrumentality or agencyof the Crown, make use of the services of any officerof that department, instrumentality or agency.

16. (1) For the purposes of this Act there shallbe established in the Treasury in separate specialaccounts two funds to be known respectively as "TheRural Reconstruction Fund" and "The RuralAdjustment Fund" and those funds shall, subjectto such directions as may be given by the Minister,be administered and controlled by the Authority.

(2) There shall be paid into the RuralReconstruction Fund

(a) the payments made by the Commonwealthto the State provided for in the firstagreement and in the second agreement;

(b) all moneys received from time to time forthe repayment of advances made under theRural Reconstruction Scheme and interestfrom time to time paid on such advances;

(c) all moneys standing to the credit of TheRural Relief Fund constituted under theRural Relief Fund Act, 1935, that arecapable of being used for a form ofassistance included in the Rural Recon-struction Scheme; and

(d) all other payments that may be lawfullypaid into the Rural Reconstruction Fund.

(2a) There shall be paid into the RuralAdjustment Fund

(a) the payments made by the Commonwealthto the State provided for in the thirdagreement;


(b) all moneys received from time to time forthe repayment of advances made under theRural Adjustment. Scheme and interestfrom time to time paid on such advances;and

(c) all other payments that may be lawfullypaid into the Rural Adjustment Fund.

(3) There shall be paid out of the relevant Fund

(a) all moneys granted under the RuralReconstruction Scheme or the RuralAdjustment Scheme, as the case may be, asfinancial assistance in whatever form topersons engaged in rural industries in theState; and

(b) all moneys that under the first agreementor the second agreement, or under the thirdagreement, as the case may be, are to berepaid to the Commonwealth.

(4) A Fund established pursuant to this sectionmay be operated upon in such manner as theAuthority by resolution from time to timedetermines.

(5) Each payment out of a Fund establishedpursuant to this section shall be authorized by priorresolution of the Authority or shall be submitted tothe Authority for authorization at its next meeting.

(6) The Authority shall cause to be kept in suchmanner and form as the Treasurer approves, recordsrelating to the operation of a Fund establishedpursuant to this section.

(7) The records referred to in subsection (6) ofthis section shall be subject to the Audit Act, 1904.

17. (1) The Authority shall, as soon as practic- Reports.able after each thirtieth day of June, prepare andfurnish to the Minister, a report in writing of its


operations during the year ended on that date,together with financial statements in respect ofthat year in such form as the Treasurer approves.

(2) Before furnishing the financial statements tothe Minister the Authority shall submit them forexamination to the Auditor General appointed underthe Audit Act, 1904.

(3) The. Minister shall cause the report andfinancial statements, together with the report of theAuditor General thereon, to be laid before eachHouse of Parliament within twelve sitting days ofthat House after their receipt by the Minister.

(4) In addition to the report to be prepared by theAuthority under subsection (1) of this section, theAuthority shall, as soon as practicable after the endof each month, furnish to the Minister a writtenreport of its operations under this Act during thatmonth.

Applicationsforassistance.Amendedby No. 31 of1977, s. 10.

18. (1) A person or company who or which maybe eligible as a farmer for assistance under a schememay apply to the Authority for such assistance.

(2) Applicants shall apply to participate undera scheme in such form and manner as the Authorityrequires.

(3) The Authority may require any statement insuch an application to be verified by statutorydeclaration.

(4) The applicant, upon request in writing by theAuthority, shall furnish such further informationand such accounts, documents and papers as theAuthority may require for the purpose of consider-ing the application and issuing a protection ordereither on the application of the applicant or its ownmotion.


(5) Subject to the agreements the Authoritymay

(a) grant the application on such terms andconditions as it thinks fit, including a con-dition that the applicant shall work andmanage the land whereon he is engagedin a rural industry to which the applicationrelates, to the satisfaction of the Authority;or

(b) refuse the application.

19. (1) Repayment of advances made under ascheme and interest thereon shall be secured by thebest and most appropriate security that is availablein the circumstances of the particular case, not-withstanding that such security may have to rankin priority after any existing security.

(2) The security for the repayment of theadvances and interest thereon referred to insubsection (1) of this section may be taken in favourof the Authority or The Rural and Industries Bankof Western Australia if such advances are made bythat Bank through one of its departments as agentfor the Authority, out of moneys available to theBank from the Rural Reconstruction Fund or theRural Adjustment Fund, as the case may require,for the purpose of providing financial assistanceunder a scheme.

Securityforadvances.Amendedby No. 31 of1977, e. 11.

20. (1) Subject to subsection (4) of this section,the Authority may on the application of a farmergrant him a protection order on such terms andconditions as it thinks fit, including a conditionthat the protection order may be cancelled by theAuthority, if the protected farmer fails to complywith any term or condition to which the applicationgranted under section 18 of this Act is subject byvirtue of subsection (5) thereof.

Power ofAuthorityto greatprotectionorders.Amendedby No. 31 of1977, 6. 12.


(2) An application for, and a protection ordershall be in the prescribed form.

(3) The farmer making the application for aprotection order shall if requested by the Authorityso to do, furnish such information and suchaccounts, documents and papers as the Authoritymay requite for the purpose of considering theapplication.

(4) The Authority may, subject to such condi-tions (if any) as it thinks fit, grant a protectionorder if it is satisfied that

(a) the farmer has applied for financialassistance under a scheme;

(b) the application by the farmer for theassistance is likely to be granted;

(c) the purpose for which the assistance issought is such as to warrant the grantingof the order; and

(d) unless the protection order is granted itis unlikely that the farmer-

(i) will be able to carry on beingengaged in the rural industry inrelation to which the assistance issought; or

(ii) will be able to benefit from theassistance,

because a creditor has commenced orthreatened to commence an action or otherproceeding against the farmer for or inrelation to a debt due by him to thecreditor.

(5) On the granting of a protection order theAuthority shall, forthwith, cause

(a) a copy of the protection order to be filedwith the Registrar of Titles, the Registrarof Deeds and the Minister for Lands;


(b) a notice to be published in the Govern-ment Gazette stating that the protectionorder has been granted;

(c) a copy of the protection order to be givento the protected farmer; and

(d) particulars of the protection order to beentered in a register which shall be keptfor the purpose by the Authority.

(6) The register kept by the Authority shall beopen at all reasonable times for inspection by anyperson without fee.

(7) The Master of the Supreme Court, Registrararid each Deputy Registrar of The District Courtof Western Australia and Clerk of each Local Courtshall keep in the office of the Court a list of eachprotection order, notice of the granting of whichhas been so published in the Government Gazette,and that list may be inspected during the hoursthe office is open to the public, by any person with-out fee.

(8) (a) Notwithstanding the foregoing provisionsof this section the Authority may grant, with theapproval of the Minister, a protection order to afarmer who has applied for assistance under ascheme in any case if it considers that in theparticular circumstances of that case it is properand desirable that the order should be granted.

(b) A protection order may be granted underthis subsection notwithstanding that a protectionorder has been previously granted to that farmer.

21. (1) Subject as otherwise provided in this Act e■e.PE/502C usull

but notwithstanding any other enactment, rule of order'

law or agreement to the contrary, during theoperation of a protection order

(a) no action, execution, process or proceeding,whether judicial or extra judicial, ondefault or for or upon any breach of any


covenant under, or provision in, a mortgageor other security for money or under anagreement for sale or purchase of land orother process or proceeding shall, exceptwith the prior permission in writing of theAuthority and to the extent permittedthereby, be commenced or proceeded withor put in force against the protected farmernamed in the protection order or againsthis estate or effects by any person;

(b) the owner of a chattel that has beendelivered to the protected farmer under ahire purchase agreement and which is inthe possession of the protected farmer atthe time the protection order is granted,shall not, except with the written permis-sion of the Authority, take any action toterminate the hire purchase agreement orto take the chattel out of the possession ofthe protected farmer.

(2) Any such action, execution, process or pro-ceeding as is referred to in subsection (1) of thissection that is commenced or proceeded with, or putin force, in contravention of the provisions of thatsubsection is void and of no effect.

(3) A protection order does not affect the rightsor remedies of a mortgagee or secured creditor ofthe protected farmer if he or any mortgagee subse-quent to him has been in possession of the propertysubject to the mortgage or other security for at leasttwo months before the date on which the protectionorder was granted.

(4) (a) A protection order is void as against anyperson taking title from, through or under aperson against whom the protection order operates,unless the protection order is registered in theregister kept by the Authority under section 20 ofthis Act.


(b) No person shall be affected with notice of anyprotection order by reason of omission to make anyinquiry or any search other than search in theregister so kept by the Authority.

(5) . A protection order shall continue in opera-tion notwithstanding that the protected farmer diesor becomes an incapable person within the meaningof the Mental Health Act, 1962.

(6) A protection order does not prevent a person-

(a) from instituting and proceeding to judg-ment in any action, suit or other proceed-ing against a protected farmer (but so thatjudgment shall not be entered or anyfurther proceeding taken therein) for thepurposes of determining the liability of theprotected farmer-

(i) for any tort committed by him;

(ii) for any injury suffered by a workerin his employ;

(iii) under the Child Welfare Act, 1947,or the Married Persons and Child-ren (Summary Relief) Act, 1965;.

(iv) in respect of any unliquidateddemand not being such a demandarising out of default or for or upona breach of covenant under anymortgage or other security for moneyor under an agreement for sale orpurchase or lease of any real orpersonal property or under a hire-purchase agreement; or

(b) from prosecuting any suit or other proceed-ing against a protected farmer for theadministration of the trusts of any will,


deed or other instrument or for anybreach of any such trust or for the removalof the protected farmer from the positionof executor, administrator or trustee.

Protection 22. (1) Where the Authority is satisfied thatof ProPeriY.Amended any property of a protected farmer is being or isbY N O. 31 of1977, e. 13. likely to be unlawfully dealt with or dealt with in

contravention of any term or condition subject towhich his application for financial assistance undera scheme was granted or in contravention of anyregulation, the Authority may by instrument inwriting directed to the bailiff of the Local Courtheld nearest to the place where the property issituated, require the bailiff to seize the propertyand to hold and deal with it in such manner as theAuthority directs.

(2) A bailiff who is so directed is hereby author-ized to and shall forthwith seize the property towhich the instrument in writing relates and dealwith it in such manner as the Authority from timeto time in writing directs.

(3) The sum of all fees and expenses properlyincurred by the bailiff in carrying out his dutiesunder this section is a charge upon the property.

=al,rar 23. (1) Subject to subsections (2) and (3) ofgo= this section, a protection order shall continue in

operation for a period of three months.

(2) (a) The Authority may extend the periodof the operation of a protection order by not morethan three months, but the total period of opera-tion thereof shall not exceed six months.


(b) Where the period of the operation of a pro-tection order is so extended, the provisions of sub-sections (5) and (7) of section 20 of this Act applywith such adaptations as circumstances require,to such extension as though it were a grant of theorder.

(3) The Authority may at any time cancel a pro-tection order

(a) on the application of the protected farmernamed in the protection order:

(b) on the application of any creditor of theprotected farmer; or

(c) of its own motion,and thereupon the protection order shall cease tooperate.

(4) Where a protection order is cancelled undersubsection (3) of this section or ceases to operate,the Authority shall forthwith

(a) give notice of the cancellation or cessationof the protection order to each person men-tioned in paragraphs (a) and (b) of thatsubsection and to the Registrar of Titles,the Registrar of Deeds and the Minister forLands;

(b) publish notice of the cancellation or cessa-tion in the Government Gazette; and

(c) enter particulars of the cancellation orcessation in the register of protectionorders kept by the Authority pursuant tosection. 20 of this Act.

24. (1) When a protection order ceases to be chin «;°noperative any action, execution, process or proceed- lam ;rate_ing that was pending or in course of being put into gon osrfIcer

operation at the time the order was granted may be be operative.

continued and proceeded with, and in computingthe time for taking any step in connection there-with, no account shall be taken of the period duringwhich the order was operative.


Evidence ofgranting orcancellationof protec-tion order.

Cost ofadministra-tion.

(2) In computing the time limited by any statuteof limitation in relation to any right, claim orremedy affected by a protection order, no period oftime during which any action, execution, process orproceeding relating to that right, claim orremedy, is prohibited from being commenced, pro-ceeded with or put in force, shall be taken intoaccount.

25. A copy of(a) a protection order;

(b) an order cancelling a protection order,

certified or purporting to be certified by the Chair-man, Deputy Chairman or Administrator, to be acopy thereof, is evidence of the granting or makingof the protection order or the order cancelling aprotection order, as the case may be.

26. The costs and expenses incurred in theadministration of this Act shall be defrayed out ofmoneys to be provided by Parliament for thatpurpose.

Falsestatements.Amended

11177.1 3114 .or

27. (1) A person who wilfully makes any falsestatement or wilfully furnishes any false informa-tion for any purpose under or in relation to thisAct

(a) in connection with any application underthis Act or a scheme; or

(b) as to the amount or nature of any assetsbelonging to such an applicant or in regardto any debt due by the applicant or anyclaim against the applicant or the estateof the applicant,

commits an offence.

Penalty: Two hundred dollars or three months'imprisonment.


(2) A person who is knowingly concerned in thepreparation of any such false statement, or in thefurnishing of such false information commits anoffence.

Penalty: Two hundred dollars or three months'imprisonment.

28. (1) A person that applies for assistance undera scheme or a creditor of such person shall uponrequest in writing by the Authority produce suchdocuments, including any document of title, andfurnish such information and such accounts as theAuthority may require for the purposes of this Act.

(2) Where a request is made pursuant tosubsection (1) of this section, any person that failsor refuses, without reasonable excuse, to complywith the request within the time specified thereincommits an offence.

Penalty: Two hundred dollars.

Productionof docu-ments.Amendedby No. 31 of1977, 5. 15.

29. (1) The Authority may, with the approval of Anme geunida etirthe Governor make regulations not inconsistent Mrs.3116,ifwith this Act prescribing all matters necessary orconvenient to be prescribed for the carrying out ofor giving effect to this Act or a scheme includingprescribing fees to be paid in respect of anythingdone under. this Act, the procedure to be adopted inregard to any application or proceeding under thisAct and the duties and conduct of applicants forfinancial assistance under a scheme, and forprescribing penalties not exceeding one hundreddollars for offences against the regulations.

(2) Any such regulation may confer upon aspecified person or body a discretionary authorityand may require any matter or thing to be verifiedby statutory. declaration.


Readingsubstitutedby No. 88 of1973, s. 5.

THE SCHEDULES.Section 3.

FIRST SCHEDULE,

AN AGREEMENT made the fourth day of June Onethousand nine hundred and seventy-one between

The Commonwealth of Australia (in this agreementcalled "the Commonwealth") of the first part,

The State of New South Wales of the second part;The State of Victoria of the third part,The State of Queensland, of the fourth part,The State of South Australia of the fifth part,The State of Western Australia of the sixth part,

andThe State of Tasmania of the seventh part.

Whereas(a) the Commonwealth and the States recognize

that there is need to provide assistance topersons engaged in rural industries throughoutAustralia in the interest of those industriesand of Australia generally;

(b) Ministers of the Commonwealth and of theStates have agreed upon the Outline ofProposals for Rural Reconstruction set out inthe Schedule to this agreement as constitutinga Scheme under which assistance of variouskinds could be provided;

(c) the carrying out of the said Scheme isdependent upon financial assistance beinggranted by the Parliament of the Common-wealth to the States for that purpose;

(d) the Parliament of the Commonwealth hasauthorized the execution of this agreement byand on behalf of the Commonwealth and theprovision of financial assistance to the Statesas provided in this agreement;

Operation ofAgreement.

Now it is hereby agreed as follows:-

I.—INTRODUCTORY.1. (1) This agreement shall, as between the Common-

wealth and a State, come into force when it has beenentered into by the Commonwealth and that State.

(2) Notwithstanding that all the States of New SouthWales, Victoria, Queensland, South Australia, WesternAustralia and Tasmania are named as parties to this

23Rural Reconstruction and Rural AdjustmentSchemes.

agreement, this agreement shall operate as an agreementbetween the Commonwealth and each State in respect ofwhich it has come into force as fully and effectually as ifthe State or States in respect of which it has come intoforce were the only State or States named as a partyor as parties to the agreement.

(3) In this agreement, each State in respect of whichthe agreement has come into force is referred to as a"State", and the expression "the States" means, exceptwhere the context otherwise requires, all of the States inrespect of which for the time being the agreement is inforce.

2. The Commonwealth will provide for or secure theperformance by it and its authorities of the obligations ofthe Commonwealth under this agreement and each of theStates will provide for or secure the performance by theState and its authorities and instrumentalities of theobligations of the State under this agreement.

3. (1) In this agreement, unless the contrary intentionappears

"financial year" means a period of 'twelve monthsending on the thirtieth day of June;

"the Authority" means, in relation to a State, theauthority or authorities of the State that hasor have the administration of the Scheme onbehalf of the State and, in a case where thereare more than one authority, refers, where thecontext requires reference to one authority, tothe relevant authority of the State;

"the Scheme" means the Scheme to be establishedand operated by a State in accordance withclause 4 of this agreement;

"the Treasurer" means the Treasurer of theCommonwealth.

(2) References in this agreement to a Minister of theCommonwealth or of a State shall include a reference toa Minister for the time being acting for or on behalf ofthe Minister referred to.

Performanceof Agree-ment.

Interpre-tation.

II.—ADMINISTRATION OF SCHEME.

4. (1) Each State will, by using the financial assistanceprovided by the Commonwealth in accordance with thisagreement, establish and operate a scheme of financialassistance to persons engaged in rural industries in thatState.

State tooperateScheme.


(2) The Scheme shall consist of the forms of assistancedescribed in, and shall be established and operated in con-formity and in accordance with the general principlesand the provisions set out in, the Outline of Proposals forRural Reconstruction contained in the Schedule to thisagreement, as amended at any time in pursuance of clause10 of this agreement.

Components 5. For the purposes of this agreement the variousof Scheme. forms of assistance under the Scheme are referred to as

follows(a) the assistance provided for in Part 2 of the

Schedule—as debt reconstruction;(b) the assistance provided for in Part 3 of the

Schedule—as farm build-up; and(c) the assistance provided for in Part 4 of the

Schedule—as rehabilitation.

Allocation ofFinancialAssistance.

Farmers'DebtAdjustmentFunds.

InterestRates underScheme.

Administra-tion Costs.

Amendmentof theSchedule.

6.1 Subject to the provisions expressly made by thisagreement, the financial assistance provided by theCommonwealth under this agreement shall be allocatedbetween the forms of assistance under the Scheme as theState considers appropriate but with the general objectivethat one half of the financial assistance made availableover the period of four years as hereinafter provided willbe applied to farm build-up.

7. Where funds are available to a State from balancesarising from the operation of the Commonwealth Loan(Farmers' Debt Adjustment) Act 1935, as amended, andare capable of being used for a form of assistance includedin the Scheme, those funds shall be used by the State forthat form of assistance before any financial assistance isprovided by the Commonwealth under this agreement forthat purpose.

8. The rates of interest at which moneys are lent bythe Authority of a State under the' Scheme shall be

(a) for loans for debt reconstruction—at such ratesas will average not less than four per centumper annum over all loans made; and

(b) for loans for farm build-up—at not less thansix and one-quarter per centum per annum.

9. Each State will provide from its own budget theadministrative costs incurred in and in connexion with theestablishment and operation of the Scheme.

10. (1) The provisions of the Schedule to this agree-ment may be amended from time to time by agreementsbetween the Ministers of the Commonwealth and of theStates for the time being responsible for the administrationof the Scheme.

See clause 5 of Second Schedule.


(2) Where so agreed between the CommonwealthMinister and the Minister or Ministers of the relevant Stateor States, the amendments to the provisions of the Scheduleto this agreement may be made and take effect as betweenthe Commonwealth and one or more of the States withoutaffecting the operation of this agreement as between theCommonwealth and a State the Minister of which has notso agreed.

III.—FINANCIAL ASSISTANCE.

11' Subject to, and to the performance by a State of,the provisions of this agreement, the Commonwealth willmake available to the States for the purposes of theScheme financial assistance amounting to One hundredmillion dollars ($100,000,000), or such lesser amount as maybe allocated among the States under the next succeedingclause, over a period commencing on the date of this agree-ment and ending on the thirtieth day of June, 1975.

Provision ofFinancialAssistance.

12.' (1) Subject to subclauses (2) and (3) of this clause Allocation

as ofAs

nthe financial assistance shall be allocated to the States Assistancefollows:— between

States.

New South Wales 32,000,000Victoria 22,070,000Queensland 16,000,000South Australia 12,000,000Western Australia 14,630,000Tasmania 3,300,000

(2) The allocation of financial assistance provided forby subclause (1) of this clause shall be varied from time totime in accordance with any agreement in respect of allo-cation of funds reached by the Commonwealth and theStates upon a review under clause 24 of this agreement.

(3) In the event that this agreement does not come intoforce or ceases to be in force in relation to one or morethan one of all States, the amount of financial assistancethat is allocated to that State or those States under thepreceding subclauses of this clause may be allocated tothe States in relation to which the agreement is in forceto the extent and 'according to such allocation as is deter-mined by the Commonwealth after consultation with theStates.

13. (1) The Treasurer may, at such times and in suchamounts as he thinks fit, make advances on account ofthe payments that may be made by the Commonwealthunder clause 15 of this agreement.

Advances.

I See clause 4 of Second Schedule.


Use ofAdvances.

Payments ofFinancialAssistance.

Supporting.FinancialEvidence.

Interest.

(2) An amount or part of an amount advanced by theTreasurer under this clause may be deducted by the Com-monwealth from an amount that subsequently becomespayable under clause 15 of this agreement or, if no furtheramounts will become payable under that clause, shall berefunded by the State to the Commonwealth at the requestof the Treasurer.

14. A State shall ensure that an amount or any partof an amount, advanced to the State and not refundedunder the last preceding clause is not used or appliedexcept for the establishment or operation of the Scheme.

15. The Commonwealth shall, from time to time, atthe request of a State and subject to the provisions of thisagreement make payments to the State of the financialassistance to be provided to the State under this agree-ment in amounts equal to the expenditure incurred bythe State (other than administrative expenses) in theestablishment and operation of the Scheme.

16. (1) A State shall furnish to the Treasurer suchdocuments and other evidence to justify the making of anadvance under clause 13 of this agreement or in support ofa request by the State for a payment to it by the Common-wealth under the last preceding clause as the Treasurermay from time to time reasonably request, whether therequest by the Treasurer is made before or after the Com-monwealth has made the advance or a payment pursuantto the request by the State.

(2) Any statement of expenditure by a State furnishedto the Treasurer in connexion with a request by the Statefor a payment under clause 15 of this agreement shall becertified by the Auditor-General of the State as to itscorrectness in accordance with the books and documentsof the Authority.

17. (1) Interest at the rate of six per centum perannum shall accrue in respect of so much of each amountthat has been advanced or paid to the State under thisagreement as is repayable by the State under clause 18of this agreement and has not for the time being beenrefunded or repaid to the Commonwealth, calculated fromthe date upon which the advance or payment was madeby the Commonwealth.

(2) Interest accrued under this clause prior to thedate upon which interest becomes included in the paymentsprovided for by the next succeeding clause, shall be pay-able on the fifteenth day of January and the fifteenthday of July in each year.


18. (1) Subject to the provisions of the next succeed-ing clause, each State shall repay to the Commonwealththree-quarters of each of the advances made to the Stateand not refunded under clause 13 of this agreement andof the payments made to the State under clause 15,together with interest referred to in subclause (2) of thisclause, by thirty-four equal half-yearly payments, the firstpayment to be made on the fifteenth day of July of thefourth financial year that wholly occurs after the advanceor payment was made by the Commonwealth to the Stateand subsequent payments to be made on each fifteenthday of January and fifteenth day of July thereafter untilthe full amount of the repayment, including interest, hasbeen paid.

(2) The interest to be included in payments referredto in subclause (1) of this clause shall be interest that will,in accordance with subclause (1) of the last precedingclause, accrue in respect of the relevant advance or paymenton and from the commencement of the fourth financialyear that wholly occurs after the advance or payment wasmade by the Commonwealth.

19. (1) In addition to making payments in accord-ance with the last preceding clause, a State may on thefifteenth day of January or on the fifteenth day of Julyin any year, after having given to the Treasurer notice inwriting of at least one month of its intention to do so, payto the Commonwealth an amount that has been specified inthe notice of the repayments that remain to be made bythe State under that clause.

(2) Interest at the rate of six per centum per annumshall accrue on amounts paid by a State in accordance withsubclause (1) of this clause, calculated from the date ofpayment and compounded with half-yearly rests on eachfifteenth day of January and fifteenth day of July.

(3) When on any fifteenth day of January or fifteenthday of July the payment by the State under the last pre-ceding clause exceeds the amount by which the unrepaidbalance of the total amount repayable under that clausetogether with interest accrued on that total amount up toand including that date exceeds the total of the amountspaid by the State to the Commonwealth in accordance withsubclause (1) of this clause together with interest accruedon those amounts up to and including that date undersubclause (2) of this clause, the State shall pay to theCommonwealth the amount of the second-mentioned excessin lieu of the amount due under the last preceding clauseand no further payments shall be required to be made bythe State to the Commonwealth under that clause.

Repaymentsby the StatewithInterest.

Prepaymentsby the State.


Financial 20. (1) Each State agrees to operate the Scheme indministion and

tra- such a way that, taking into account its experience withAdjuatmenta. other schemes of rural assistance and the normal expecta-

tions as to factors that affect farmers' incomes that arecurrent at the date of this agreement, the amounts receivedby the Authority in the course of the operation of theScheme could be reasonably expected to equal the paymentsof principal and interest which the State is required to maketo the Commonwealth under this agreement.

FinancialEstimates.

Audit.

(2) Should a State certify that, without taking intoaccount its administrative costs, it has incurred losses underthe Scheme from circumstances beyond its control arisingafter the date of this agreement and disadvantageous com-pared with past experience and normal expectations as tofactors that affect farmers' incomes referred to in subclause.(1) of this clause, the Commonwealth agrees to review theposition with the State with a view to adjusting amountspayable to the Commonwealth by the State under thisagreement to the extent of such losses.

(3) The provisions of this agreement in relation to thetimes at which payments are to be made by the State tothe Commonwealth and the amounts of the payments thatare to be made may be varied in such manner as is agreedbetween the Commonwealth and the State upon a reviewcarried out in accordance with subclause (2) of this clause.

21. A State shall prepare and furnish to the Treasurernot later than the thirtieth day of April in each year astatement or statements showing the estimated expenditurenecessary to operate the Scheme during the next financialyear and estimates of the amounts that the State willrequest the Commonwealth to pay to the State under thisagreement during that financial year.

22. (1) The accounts, books, vouchers, documents andother records of a State relating to the operation of theScheme shall be subject to audit by the Auditor-Generalof the State.

(2) Until such time as the total amount of the financialassistance to a State has been provided by the Common-wealth and applied by the State in accordance with thisagreement and supporting evidence to the satisfaction ofthe Treasurer in relation to all amounts advanced or paidby the Commonwealth has been furnished by the State,a report on the audits in respect of each financial year shallbe furnished by the Auditor-General of the State to theTreasurer as soon as possible after the completion of thefinancial year.


OtherFinancialArrange-ments.

23. Financial arrangements in connexion with theScheme other than those provided for in this agreementshall be carried out as agreed from time to time betweenthe Treasurer and the Treasurer of each State.

IV.—GENERAL.

24. (1) The operation of the Scheme in relation to all Review.

of the States will be reviewed from time to time as appro-priate by the Commonwealth and the States in the light ofexperience in its administration.

(2) A review under subclause (1) of this clause shall becarried out not later than the time necessary to enable tobe brought into operation by the first day of July, 1972 anyadjustments or amendments which it may be agreed shouldbe made to the Scheme in respect of

(a) the funds to be provided for the Scheme;(b) the allocation of funds between the States;(c) the provisions for losses (other than unforeseen

losses) and write-offs available to the Statesunder the Scheme;

(d) the interest rates to be charged to borrowers;and

(e) the proportion of the financial assistanceapplied to farm build-up.

25. The Authorities of the States and appropriate Com- Exchange ofmonwealth officers associated with the Scheme will meet Information.

together as appropriate and at least once in each year andexchange information on any matters pertinent to theScheme.

THE SCHEDULE.

Rural Reconstruction—Outline of Proposals.Part I.—General Principles.

(a) No agricultural industry is excluded from thescheme (except for farm build-up cases eligibleunder the Marginal Dairy Farms ReconstructionScheme). It has, however, been framed with thecircumstances of the sheep and sheep/wheatindustries primarily in mind. Where the particularcircumstances of an agriculturalist in anotherindustry are such that the scheme applies to hiscircumstances, it is open to him to apply. It isrecognised that in respect of farm build-up theparticular circumstances of some industries (e.g.apples, pears, dried vine fruits) may need additionalspecial consideration.


(b) The general principle to be applied is to distributethe available resources as widely as practicable, butthe over-riding objective is to help restore toeconomic viability those farms and farmers withthe capacity to maintain viability once achieved.

(c) It is expected that each administering Authoritywill avail itself of the best available advice onagricultural technology and market prospects.

(d) Companies will not be eligible for assistance unlessthe Authority, having considered the shareholdingsand being satisfied that the shareholders are bonafide primary producers relying primarily on theincome from the company for their livelihood,considers it appropriate to provide assistance.

(e) In cases of assistance under the heading of debtreconstruction or by way of advances for carry-onexpenses, plant, livestock and property developmentin farm build-up cases, it is an essential part ofthe scheme that adequate supervision of propertymanagement and the financial affairs of theassisted farmer is maintained. If the Authoritydeems it necessary it may require that moneysreceivable on account of the property will bereceived by the Authority or its agent or a bodynominated by the Authority, payments within theapproved budgets being made through normalchannels.

(f) Repayment of advances made by the Authority andinterest due thereon will be secured by the bestand most appropriate security available, recognis-ing that this may involve ranking after existingsecurities.

(g) A transfer of the property before advances madeby the Authority are repaid will be permitted onlywith the consent of the Authority, which will upontransfer, or upon succession on the death of theborrower, have the right to review its arrangementsin respect of the property.

(h) The arrangements with the assisted farmer aresubject to regular review by the Authority fromtime to time and are liable to termination in theevent of the farmer ceasing to be personally inworking occupation of the property, failing toobserve his obligations and undertakings under thearrangements or in the event of the Authorityarriving at the conclusion that for any reason helacks prospects of successful occupation. Other-wise the arrangements shall be terminable whenthe Authority arrives at the conclusion that hisprospects of successful occupation are no longerdependent on the extension of concessional finance.Upon termination of the arrangements, all debtswill then become due and payable.


PART II.—DEBT RECONSTRUCTION.

(1) PurposeTo assist a farmer who although having sound

prospects of long term commercial viability, has used allhis cash and credit resources and cannot meet his financialcommitments.

(2) Tests of Eligibility(a) The applicant is unable to obtain finance to carry

on from any other normal source and is thus indanger of losing property or other assets if notassisted under the scheme.

(b) There is a reasonable prospect of successful opera-tion with the assistance possible under the scheme,the prime requirement being ability to servicecommitments, and to reach the stage of commercialviability within a reasonable time.

(c) Assistance is merited and the applicant's difficultiesare not substantially due to circumstances withinhis control.

(3) Nature of AssistanceThe assistance to be provided may encompass where

necessary:(a) A re-arrangement and/or a composition of

debts to allow more time for payment.(b) The negotiation of a concessional rate of

interest for existing rates.(c) Advances of additional funds for carry-on

expenses, livestock and further propertydevelopment, at reasonable interest rates.

(d) Where the State Legislation so provides, aprotection order against any creditor who hasthreatened action for debt, to apply while theapplication is under consideration and subjectto such extensions as the administeringAuthority may from time to time determine.

(4) Method of Operation(a) A re-arrangement and/or composition may take

the form of the Authority advancing money to payoff in whole or in part the creditors, (whether ornot the debts have been written down by thecreditors under (b) below), excluding the Crown.There may be an arrangement by the secured orunsecured creditors to postpone repayments ofprincipal and to refrain from taking action againstthe debtor for a specified time. Compositionarrangements require the agreement in writing ofcreditors.


(b) The possibility of creditors including the Crown,local authorities and public utilities being askedto defer or write-off part of their debts—possiblyat a uniform rate but with due regard to priorityof security—should be considered. Creditorsshould not be pressed to the extent that theavailability Of credit to rural industries is damaged.

(c) Additional funds advanced for carry-on expenses,livestock and further property development will bestrictly limited to the minimum which theAuthority considers is required to enable thefarmer to carry on and free himself from depen-dence on the Authority's assistance within the termof the advances made to him by the Authority.

(d) In exceptional cases, advances for carry-onexpenses and livestock may be made to a farmerwho is not yet in immediate danger of losingproperty or other assets but who in the opinion ofthe Authority is likely to reach that position withoutsuch assistance, such cases being tested strictlyagainst the remaining eligibility criteria.

(e) The rate of interest payable on advances made bythe Authority to pay off creditors and also advancesmade for carry-on expenses, livestock, plant andproperty development, will be decided by theAuthority on the circumstances of the particularcase. The Authority will have the right to reviewthe interest rates on individual accounts at anytime and should review the interest rates at regularintervals. The Authority will ensure that theaverage interest rate over all loans made will benot less than 4 per centum per annum.

(f) Where protection orders apply it is desirable toestablish a relationship with creditors such thatthe Authority is acting in combined interests ofapplicant and creditors, secured and unsecured.

(5) LimitsThe Authority shall have discretion to determine:

(a) The terms and conditions of any loan it maymake up to a maximum repayment term of20 years. In a number of cases an initial periodof freedom from repayments of principal wouldbe justifiable depending on the circumstancesof the case and the interest rate to be charged.

(b) The proportion of debts paid off by advancesin any one case.

(c) The total of advances which may be made bythe Authority in any one case.


PART III.—FARM BUILD-UP.

(1) PurposeTo supplement, without discouraging, the normal pro-cesses under which properties which are too small tobe economic are amalgamated with an adjoining hold-ing or are subdivided and the subdivided portions areadded to adjoining holdings, or to assist a farmer witha property too small to be economic to purchase addi-tional land to build up his property to at least economicsize.

(2) Tests of Eligibility(a) The owner of the property to be purchased wishes

to sell or accepts that he is obliged to sell..(b) The purchaser is unable to obtain the finance

applied for from any other source.(c) The Authority is satisfied that the built-up property

will be of sufficient size to offer sound prospects oflong term commercial viability.

(d) Where an application is made by an adjoiningowner for assistance under the scheme to purchasean uneconomic property, but there is a possibilityof sale of the property to another adjoining ownerwho does not require assistance under the scheme,assistance will be provided only if the applicant'sproperty would be built-up from an uneconomicto an economic size.

(e) The term "adjoining holding" includes a holdingwhich is within a reasonable working distance ofthe holding under consideration where there is noimpediment to the two holdings being worked as asingle unit.

(3) Nature of Assistance(a) The provision to the purchaser of finance at an

interest rate not less than 61 per centum perannum to assist the purchase of an adjoining hold-ing or part of an adjoining holding.

(b) Grants at the discretion of the Authority to cover,in whole or in part, losses sustained in the disposalof assets included in the purchase price of theproperty, which are not useful for the built-upproperty.

(c) Advances, at an interest rate not less than 61 percentum per annum for carry-on expenses, plant,livestock, and property development in respect ofthe additional land where not available from othersources.

77353-2


(4) Method of Operation(a) A property will not be purchased by the Authority

at random, simply because it is uneconomic and thefarmer intends to leave the industry; normally aproperty will be purchased only where arrange-ments have been made for an adjoining owner totake over the property or for the property to besubdivided and the subdivided parts added toadjoining properties.

(b) It would however be appropriate for the Authorityto take the initiative to encourage an adjoiningowner to purchase an uneconomic farm where theAuthority is aware that the owner of the unecon-omic farm wishes to leave the industry or acceptsthat he is obliged to leave the industry; this parti-cularly applies where it is unlikely that the appro-priate purchaser or purchasers will be able to pur-chase the additional land unless the Authorityprovides assistance for the purchase.

(c) None of the foregoing would prevent the Authorityfrom purchasing an uneconomic property inadvance of arrangements having been made forthe property to be added to an adjoining propertyor properties, where the programme of farm adjust-ment could not otherwise be achieved.

(d) Since it is required that there must be reasonableprospects of successful operation of the built-upproperty, the Authority in considering the transferprice of land will have regard to its productivityvalue.

(e) If the farmer is able to satisfy the conditions ofeligibility under both schemes, a farmer assistedunder the debt reconstruction scheme may also beassisted to acquire land to build up his farm toeconomic size.

(f) Grants to cover losses on the write-off of redun-dant assets will be kept to a minimum.

(g) Where advances are made for carry-on expenses,plant, livestock and property development, theadvances will be strictly limited to the minimumwhich the Authority considers is required to enablethe farmer to carry on and free himself fromdependence on the Authority's assistance withinthe term of the advances made to him by theAuthority.

(h) The rate of interest payable on advances made bythe Authority under the farm build-up proposalwill be set by the Authority, but will not be lessthan 61 per centum per annum.


(i) While any advances by the Authority in respect ofa built-up property remain unpaid, the transfer ofpart of the built-up property will not be permittedif this would result in a property of a size too smallto be economic.

(5) Limits(a) The term of a loan by the Authority axd conditions

of repayment of principal will be at the discretionof the Authority up to a maximum repayment termof 20 years. In a number of cases an initial periodof freedom from repayments of principal would bejustifiable, depending on the circumstances of thecase and the interest rate to be charged.

(b) The total of advances which may be made up bythe Authority in any one case shall also be at itsdiscretion.

PART IV.—REHABILITATION.

(1) PurposeTo provide limited assistance to those obliged to leavethe industry where in the opinion of the Authorityadministering the scheme this is necessary to alleviateconditions of personal hardship.

(2) Conditions of Eligibility(a) The applicant's property must have been purchased

by an adjoining owner who has been assisted underthe farm build-up provisions to make the purchaseor the applicant must have been unable to secureassistance under the debt reconstruction provisionsbecause his property is assessed not to have soundprospects of long term commercial viability; and

(b) Taking into account the financial position of theapplicant after his property has been sold, he willsuffer financial hardship which will be alleviatedby assistance under these provisions.

(3) Nature of AssistanceA loan on such conditions as to interest rate, if any,and repayment as are determined by the Authority upto a maximum of $1,000 in any one case.

(4) Method of OperationThe loans will be available at the discretion of the

Authority administering the scheme.

JOH. BJELKE-PETERSEN.


IN WITNESS WHEREOF this agreement has beenexecuted by the Parties as at the day and year first above-mentioned.

SIGNED for and on behalfof THE COMMONWEALTHOF AUSTRALIA by theRight Honourable WILLIAMMcMAHON, the Prime Min-ister of the Commonwealth,in the presence of

I. GRIGG.

WILLIAM McMAHON.

SIGNED for and on behalfof THE STATE OF NEW.SOUTH WALES by the Hon-ourable ROBIN WILLIAMASKIN, the Premier of theState, in the presence of

G. M. GRAY.

R. W. ASKIN.

SIGNED for and on behalfof THE STATE OF VIC-TORIA by the HonourableSIR HENRY EDWARDBOLTE, the Premier of theState, in the presence of

L. W. CARVER.

HENRY BOLTE.

SIGNED for and on behalfof THE STATE OF QUEENS-LAND by the HonourableJOHANNES BJELKE-PETERSEN, the Premier ofthe State, in the presenceof

KEITH SPANN.


SIGNED for and on behalfof THE STATE OF SOUTHAUSTRALIA by the Hon-ourable DONALD ALLEN D. A. DUNSTAN.DUNSTAN, the Premier ofthe State, in the presenceof

J. S. WHITE.

SIGNED for and on behalfof THE STATE OF WEST-ERN AUSTRALIA by the JOHN T. TONKIN.Honourable JOHN TRESIZETONKIN, the Premier of theState, in the presence of—

W. S. LONNIE.

SIGNED for and on behalfof THE STATE OF TAS-MANIA by the HonourableWALTER ANGUS BETHUNE, W. A. BETHUNE.the Premier of the State, inthe presence of

B. COWLING.

THIS AGREEMENT made the fifth day of November Onethousand nine hundred and seventy-three between

The Commonwealth of Australia of the first part,The State of New South Wales of the second part,The State of Victoria of the third part,The State of Queensland of the fourth part,The State of South Australia of the fifth part,The State of Western Australia of the sixth part, andThe State of Tasmania of the seventh part

• is supplementalto the agreement in relation to the provision of financialassistance for persons engaged in rural industries in theStates (in this agreement called `the Principal Agreement')that was approved by the States Grants (Rural Reconstruc-tion) Act 1971 and was made between the Commonwealthand all the States the fourth day of June 1971.

SecondSchedule.Added byNo. 88 of1973, 8. 8.


WHEREAS

(a) the Commonwealth and the States are desirous ofvarying the terms and conditions upon whichfinancial assistance is provided by the Common-wealth to the States under the Principal Agreementand of extending the period during which financialassistance is to be provided;

(b) thi.• Parliament of the Commonwealth will be re-quested to approve this agreement and to authorisethe grant of financial assistance to the States inaccordance with the provisions of the PrincipalAgreement as varied by this agreement,

NOW IT IS HEREBY AGREED as follows:—

Approval ofAgreement.

Commence-ment ofAgreement.

ConstructionandOperation ofAgreements.

1. This agreement shall have no force or effect and shallnot be binding upon any party until it has been approved bythe Parliament of the Commonwealth.

2. Upon being approved by the Parliament of the Com-monwealth, this agreement shall be deemed to have comeinto force and to have commenced on the first day of July1973 so that the Principal Agreement shall be regarded ashaving been. varied on that date and as providing for andgiving effect to acts done on and from that date as if it hadbeen so varied.

3. (1) In this agreement, each State that is a party isreferred to as a 'State', and the expression 'the States'means, except where the context otherwise requires, all ofthe States that are for the time being parties.

(2) The Principal Agreement as varied by this agreementshall be construed as if this agreement were incorporated inand formed part of the Principal Agreement and so that;except where the context otherwise requires, references inthe Principal Agreement to that agreement were referencesto that agreement as varied by and incorporating the pro-visions of this agreement.

(3) Except where the contrary intention appears, expres-sions used in this agreement that are expressions to whichmeanings are attributed in the Principal Agreement have inthis agreement the respective meanings so attributed tothem.

Provision ofFinancialAssistance.

4. (1) On and from the first day of July 1973, the provi-sions of clauses 11 and 12 of the Principal Agreement shallcease to apply in respect of the provision of financialassistance by the Commonwealth and the provisions set outhereafter in this clause shall apply in their place.


(2) Subject to, and to the performance by a State of, theprovisions of the Principal Agreement as varied by thisagreement, the Commonwealth will during the financialyears commencing on the first day of July in the years 1973,1974 and 1975 make financial assistance available to theStates for the purposes of the Scheme.

(3) The amount of the financial assistance to be madeavailable by the Commonwealth to each State during afinancial year shall be determined by the Commonwealthbefore the commencement of the financial year following ameeting of Commonwealth and State Ministers which willreview the circumstances relating to the financial year andwhich will give due consideration to submissions made bythe States not later than the end of the February lastpreceding the financial year and will have regard to suchother criteria as the Commonwealth considers appropriate.

5. (1) Clause 6 of the Principal Agreement shall not Allocation

apply to financial assistance made available by the Common- x:risiitiaaniacceial

wealth during the financial years specified in sub-clause (2)of clause 4 of this agreement.

(2) Subject to the provisions of the Principal Agreementas varied by this agreement, the financial assistance madeavailable by the Commonwealth to a State after the firstday of July 1973 shall be applied to the forms of assistanceunder the Scheme, namely debt reconstruction, farm build-up and rehabilitation as referred to in accordance withclause 5 of the Principal Agreement.

(3) The allocation by a State of the financial assistanceduring a financial year between the forms of assistance shallbe in accordance with a determination made by the Com-monwealth prior to the commencement of the financial yearafter consultation with the State, in which determinationshall be specified a target percentage for commitments onfarm build-up which the State should endeavour to achieveand a maximum percentage of commitments on debtreconstruction which the State may not exceed without theprior approval of the Commonwealth.

(4) The consultations referred to in sub-clause (3) of thisclause shall extend to establishing by agreement betweenthe Commonwealth and the State a firm programme ofcommitments of the financial assistance month by monthduring the year.

(5) If during a financial year either the Commonwealthor a State informs the other that it considers the allocationof the financial assistance by the State or the programmeof commitments in respect of the year should be varied,


Title ofAgreements

further consultations will be held between the Common-wealth and the State with a view to varying the determina-tion by the Commonwealth for the purposes of sub-clause(3) of this clause should the Commonwealth see fit to doso or varying the programme of commitments for thepurposes of sub-clause (4) of this clause, as the case may be.

6. The Principal Agreement as varied by this agreementshall be known as 'the 1971-1973 Rural ReconstructionAgreement'.

IN WITNESS WHEREOF this agreement has been exe-cuted as at the day and year first above written.

Signed for and on behalf ofThe Commonwealth of Aus-tralia by The Honourable E. G. WHITLAMEdward Gough Whitlam,Prime Minister, in the pres-ence of--

PETER S. WILENSKI

Signed for and on behalf ofThe State of New SouthWales by The HonourableSir Robert William Askin, R. W. ASKINPremier, in the presenceof

B. DAVIES

Signed for and on behalf ofThe State of Victoria by TheHonourable Rupert James R. J. HAMERHamer, Premier, in the pre-sence of

KEVIN A. HALL

Signed for and on behalf ofThe State of Queensland byThe Honourable JohannesBjelke-Petersen, Premier, inthe presence of

C. M. BYCROFT

JOH. BJELKE-PETERSEN

Rural Reconstruction and Rural Adjustment

41Schemes.

Signed for and on behalf ofThe State of South Austra-lia by The HonourableDonald Allan Dunstan,Premier, in the presence of

J. A. WHITE

Signed for and on behalf ofThe State of Western Aus-tralia by The HonourableJohn Trezise Tonkin,Premier, in the presence of

R. S. SEDDON

Signed for and on behalf ofThe State of Tasmania byThe Honourable Eric ElliottReece, Premier, in the pres-ence of

C. W. HALLAM

D. A. DUNSTAN

JOHN T. TONKIN

ERIC REECE

Section 3.THIRD SCHEDULE. Third

Schedule.Added inNo. 31 of

AN AGREEMENT made the first day of January One 1977, a 17.

thousand and nine hundred and seventy-seven between

The Commonwealth of Australia (in this agreementcalled "the Commonwealth") of the first part,

The State of New South Wales of the second part,The State of Victoria of the third part,The State of Queensland of the fourth part,The State of South Australia of the fifth part,The State of Western Australia of the sixth part, andThe State of Tasmania of the seventh part.

WHEREASA. the Commonwealth and the States recognize that

there is need to provide assistance to personsengaged in rural industries throughout Australia inthe interest of those industries and of Australiagenerally;


B. Ministers of the Commonwealth and of the Stateshave agreed upon the Outline of Schema for RuralAdjustment set out in the Schedule to thisagreement as constituting a Scheme under whichassistance of various kinds could be provided;

C. the carrying out of the said Scheme is dependentupon financial assistance being granted by theParliament of the Commonwealth to the States forthat purpose;

D. the Parliament of the Commonwealth hasauthorized the execution of this agreement by andon behalf of the Commonwealth and the provisionof financial assistance to the States as provided inthis agreement;

NOW IT IS HEREBY AGREED as follows:

I.—INTRODUCTION.

Operation of Agreement

1. (1) This agreement shall, as between the Commonwealthand a State, come into force when it has been entered intoby the Commonwealth and that State.

(2) Notwithstanding that all the States of New SouthWales, Victoria, Queensland, South Australia, Western Aus-tralia and Tasmania are named as parties to this agreement,this agreement shall operate as an agreement between theCommonwealth and each State in respect of which it hascome into force as fully and effectually as if the State orStates in respect of which it has come into force were theonly State or States named as a party or as parties to theagreement.

(3) In this agreement, each State in respect of whichthe agreement has come into force is referred to as a"State", and the expression "the States" means, exceptwhere the context otherwise requires, all of the States inrespect of which for the time being the agreement is inforce.

Performance of Agreement

2. The Commonwealth will provide for or secure theperformance by it and its authorities of the obligations ofthe Commonwealth under this agreement and each of theStates will provide for or secure the performance by theState and its authorities and instrumentalities of theobligations of the State under this agreement.


Interpretation

3. (1) In this agreement, unless the contrary intentionappears—"financial year" means a period of twelve monthsending on the thirtieth day of June:

"the Authority" means the authority or authoritiesof a State that has or have the administrationof the Scheme on behalf of the State and, ina case where there is more than one authority,refers, where the context requires reference toone authority, to the relevant authority of theState;

"the Scheme" means the scheme to be establishedand operated by a State in accordance withclause 4;

"the Treasurer" means the Treasurer of theCommonwealth.

(2) Reference in this agreement to a Minister of theCommonwealth or of a State shall include a reference toa Minister for the time being acting for or on behalf ofthe Minister referred to.

(3) In this agreement, except where the contextotherwise requires

(a) a reference to a clause refers to the relevantclause of this agreement;

(b) a reference to a sub-clause refers to therelevant sub-clause of the clause in which thereference appears; and

(c) the Schedule to this agreement shall be deemedto be an integral part of this agreement.

II—ADMINISTRATION OF SCHEME

State to operate Scheme

4. (1). Each State will, by using the financial assistanceprovided by the Commonwealth in accordance with thisagreement, establish and operate a scheme of financialassistance to persons engaged in rural industries in thatState.

(2) The Scheme shall consist of the forms of assistancedescribed in, and shall be operated in conformity and inaccordance with the general principles and the provisionsset out in, the Outline of Scheme for Rural Adjustmentcontained in the Schedule to this agreement, as amendedat any time in pursuance of sub-clause 9 (1).


(3) The Scheme shall commence operation on the firstday of January 1977.

Forms of Assistance

5. For the purposes of this agreement the various formsof assistance under the Scheme are referred to as follows:

PART A

(a) the assistance provided for in Part 2 of theSchedule—as debt reconstruction

(b) the assistance provided for in Part . 3 of theSchedule as farm build-up.

(c) the assistance provided for in Part 4 of theSchedule—as farm improvement

(d) the assistance provided for in Part 5 of theSchedule—as rehabilitation

PART B

(e) the assistance provided for in Part 6 of theSchedule—as carry-on finance.

PART C

(f) the assistance provided for in Part 7 of theSchedule—as household support

Allocation of Financial Assistance

6. (1) Subject to the provisions expressly made by thisagreement, the financial assistance that is to be madeavailable by the Commonwealth to a State under thisagreement for the forms of assistance referred to inparagraphs (a), (b) and (c) of Part A of Clause 5 shall beallocated between those forms of assistance in Suchproportions as the Commonwealth determines afterconsultation with the State.

(2) A determination by the Commonwealth for thepurposes of sub-clause (1) shall specify a target percentagefor commitments on farm build-up and on farmimprovement which the State shall endeavour to achieveand a maximum percentage for commitments on debtreconstruction which the State may not exceed without theprior approval of the Commonwealth.


(3) The consultations referred to in sub-clause (1)shall extend to establishing by agreement between theCommonwealth and the State a firm program ofcommitments of financial assistance for each four-monthlyperiod during the year.

(4) If during a financial year either the Conunonweatlhor a State informs the other that it considers theallocation of the financial assistance by the State or theprogram of commitments in respect of the year should bevaried, further consultations will be held between theCommonwealth and the State with a view to varying thedetermination by the Commonwealth for the purposes ofthis clause should the Commonwealth see fit to do so orvarying the program of commitments for the purposes ofthis clause as the case may be.

Interest rates for Parts A and C Assistance

7. (1) The rates of interest at which money is lent by theAuthority under the Scheme in providing• the forms ofassistance referred to in Part A and Part C of clause 5shall be as determined by the Authority in thecircumstances of the particular case.

(2) The Authority shall have the right to review theterms of repayment, including interest rates, of individualaccounts at any time and shall exercise this right at regularintervals with the objective of the borrower beingencouraged to transfer to commercial credit as soon ascircumstances permit.

Administration Expenses

8. (1) The Commonwealth and each State shall bear theadministration expenses of the provisions by the State, ofassistance referred to in Parts A and C of clause 5 asfollows

(a) up to the amount in each year- which isequivalent to 2 per centum in value of theapprovals for those forms of assistance in thatyear—by the Commonwealth and the Stateequally; and

(b) in excess of the amount in each year which isequivalent to 2 per centum in value of theapprovals for those forms of assistance in thatyear—by the State.


(2) The Commonwealth and each State shall bear theadministration expenses of the provision by the State ofassistance referred to in Part B of clause 5 in the respectiveproportions that assistance is for the time being providedby the Commonwealth and the State in respect of. therelevant industry in accordance with the agreement whichestablishes the relevant proportion of the assistance inrespect of that industry referred to in sub-clause 14(2).

Amendment of Schedule9. (1) The provisions of the Schedule to this agreementmay be amended from time to time by agreement betweenthe Ministers of the Commonwealth and of the States forthe time being responsible for the administration of theScheme.

(2) Where so agreed between the CommonwealthMinister and the Minister or Ministers of the relevant Stateor States, any amendments to the provisions of the Scheduleto this agreement may be made and take effect as betweenthe Commonwealth and one or more of the States withoutaffecting the operation of this agreement as between theCommonwealth and a State the Minister of which has notso agreed.

III—FINANCIAL ASSISTANCE

Provision of Financial Assistance

10. Subject to, and to the performance by a State of, theprovisions of the Agreement, the Commonwealth will makefinancial assistance available to the States for the purposesof the Scheme.

Amount of Financial Assistance11. (1) The amount of financial assistance to be madeavailable by the Commonwealth to each State for the formsof assistance referred to in Parts A and C of clause 5 duringa financial year shall be determined by the Commonwealthbefore the commencement of the financial year followinga meeting of Commonwealth and State Ministers which willreview the circumstances relating to the financial year andwhich will give due consideration to submissions made bythe States not later than the end of February last precedingthe financial year and will have regard to such othercriteria as the Commonwealth considers appropriate.

(2) The amount of financial assistance to be madeavailable by the Commonwealth to a State for the form ofassistance referred to in Part B of clause 5 shall bedetermined at the time the Commonwealth and the Stateagree that the provision of such assistance is warranted.


47Schemes.

Advances

12. (1) The Treasurer may, at such time and in suchamounts as he thinks fit, make advances on account of thepayment that may be made by the Commonwealth underclause 14.

(2) An amount or part of an amount advanced by theTreasurer under this clause may be deducted by theCommonwealth from an amount that subsequently becomespayable under clause 14 or, if no further amounts willbecome payable under that clause, shall be refunded by theState to the Commonwealth at the request of the Treasurer.

Use of Advances

13. A State shall ensure that an amount or any part ofan amount advanced to the State and not refunded underthe last preceding clause is not used or applied except forthe operation of the Scheme.

Payments of Financial Assistance

14. (1) The Commonwealth shall, from time to time, atthe request of a State and subject to the provisions of thisagreement make payments to the State of the financialassistance to be provided to the State under this agreement:

(a) in respect of the forms of assistance referred toin Parts A and C of clause 5 in amounts equalto the expenditure by the State (other thanadministration expenses) in the provision ofthose forms of assistance; and

(b) in respect of the forms of assistance referred toin Part B of clause 5 in amounts equal to therelevant proportion of the expenditure by theState (other than administration expenses) inthe provision of that form of assistance.

(2) For the purposes of paragraph (b) of sub-clause (1)"the relevant proportion" means the proportion of the totalcost of operation of the form of assistance referred to inPart B of clause 5 as is from time to time agreed betweenthe Commonwealth and the State as being the proportion tobe provided by the Commonwealth.

Supporting Financial Evidence

15. (1) A State shall furnish to the Treasurer suchdocuments and other evidence to justify the making of anadvance under clause 12 or in support of a request by the


State for a payment to it by the Commonwealth under thelast preceding clause as the Treasurer may from time to timereasonably request, whether the request by the Zreasurer ismade before or after the Commonwealth has made theadvance or a payment pursuant to the request by the State.

(2) Any statement of expenditure by a State furnishedto the Treasurer in connection with a request by the Statefor a payment under clause 14 shall be certified by theAuditor-General of the State or an officer authorised bythe Treasurer of the State as to its correctness in accordancewith the books and documents of the Authority.

Interest on Part A Assistance

16. (1) Interest at the rate for the time being applicableunder this clause shall accrue in respect of so much of eachamount that has been advanced or paid to the State inrespect of the forms of assistance referred to in Part A,of clause 5 as is repayable by the State under clause 17 andhas not for the time being been refunded or repaid to theCommonwealth, calculated from the date upon which theadvance or payment was made by the Commonwealth.

(2) The rate of interest referred to in sub-clause (1)shall be 7 per centum per annum but shall be subject torenegotiation and redetermination at an annual review ofthe scheme to the intent that, in the event that as at the1st day of January preceding the review there has been avariation of the long term bond rate of 20 per centum ormore of the long term bond rate as at the 1st day of January1977 or the 1st day of January when the rate of interest waslast redetermined, as the case may be, the rate applicableunder this clause (1) shall be redetermined having regardto the extent of that variation.

(3) A redetermination of the rate of interest undersub-clause (2) shall take effect on a date to be specified bythe determination.

(4) A reference in sub-clause (2) to the long term bondrate is a reference to the rate that is equivalent to the rateof yield to maturity of the long term loan of the loan raisingby the Commonwealth in Australia for public subscriptionlast preceding the date to which the reference relates.

(5) Interest that accrues under this clause prior to thedate upon which interest becomes included in paymentsprovided for in clause 17 shall be payable on the 15th dayof January and the 15th day of July each year.


Repayments with Interest of Part A Assistance

17. (1) Subject to the provisions of clause 20, each Stateshall repay to the Commonwealth 85 per centum of eachof the advances made to the State in respect of the formsof assistance referred to in Part A of clause 5 and notrefunded or repaid under clause 12 and each of the pay-ments made to the State under clause 14 and not for thetime being repaid, together with interest referred to insub-clause (3) of this clause by 34 half-yearly payments,that, subject to any variation resulting from a redetermin-ation of the rate of interest under clause 16, are equalin amount.

(2) The first payment under sub-clause (1) shall bemade on the 15th day of July of the fourth financial yearthat wholly occurs after the advance or payment wasmade by the Commonwealth to the State and subsequentpayments shall be made on each 15th day of January and15th day of July thereafter until the full amount of therepayment, including interest, has been paid.

(3) The interest to be included in payments referredto in sub-clause (1) shall be the interest that, in accordancewith sub-clauses (1) and (2) of clause 16, accrues in respectof the relevant advance or payment on and from the 15thday of , January preceding the commencement of the fourthfinancial year that wholly occurs after the advance orpayment was made by the Commonwealth.

Repayments of Part B Assistance

18. (1) Each State shall, by way of repayment of theform of assistance referred to in Part B of clause 5 pay tothe Commonwealth by payments in accordance withsub-clause (3) the amount that is calculated by subtracting(b) from (a) where

(a) is the amount which is the relevant proportionof the principal and interest repaid to theAuthority by the recipients of that assistance;and

(b) is the amount which is the relevant proportionof the administration expenses of the Authorityin providing that assistance.

(2) For the purposes of sub-clause (1) "the relevantproportion" means the proportion of the total cost of theprovision of the form of assistance referred to in Part B ofclause 5 as is from time to time agreed between theCommonwealth and the State as being the proportion tobe provided by the Commonwealth.


(3) The State shall pay to the Commonwealth so muchas is from half-year to half-year calculated to be payableof the amount first referred to in sub-clause (1) byconsecutive half-yearly payment, the first payment to bemade on the 15th day of July or January that occurs afterthe first repayment of principal and interest made by arecipient of the assistance to the Authority and subsequentpayments to be made on each succeeding 15th day ofJanuary and July thereafter until no further amount ispayable by the State in pursuance of its obligation undersub-clause (1).

Repayments of Part C Assistance

19. Each State shall, by way of repayment of the form ofassistance referred to in Part C of clause 5, pay to theCommonwealth so much of that assistance and interestthereon as is recouped by the State in any year from therecipients of that assistance, such payments to be made oneach 15th day of January and 15th day of July nextsucceeding the receipt of those moneys by the State.

Prepayments by State

20. (1) In addition to making payments in accordancewith clause 17, a State may on the 15th day of January oron the 15th day of July in any year, after having given tothe Treasurer notice in writing of at least one month ofits intention to do so, pay to the Commonwealth an amountthat has been specified in the notice of the repayments thatremain to be made by the State under that clause.

(2) Interest shall accrue on amounts paid by a Statein accordance with sub-clause (1) at the rate that is forthe time being the rate of interest applicable under clause16 calculated from the date of payment and compoundedwith half yearly rests on each 15th day of January and15th day of July.

(3) When on any 15th day of . January or 15th day ofJuly the payment by the State under clause 17, exceedsthe amount by which the unrepaid balance of the totalamount repayable under that clause together with interestaccrued on that total amount up to and including that dateexceeds the total of the amounts paid by the State to theCommonwealth in accordance with sub-clause (1) togetherwith interest accrued on those amounts up to and includingthat date under sub-clause (2), the State shall pay to theCommonwealth the amount of the second-mentioned excessin lieu of the amount due under clause 17 and no furtherpayments shall be required to be made by the State to theCommonwealth under that clause.


51Schemes.

Financial Administration and Adjustments

21. (1) Each State agrees that in respect of the formsof assistance referred to in Part A of clause 5 the Schemeshall be operated by the State in such a way that theamounts received by the Authority in the course of theoperation of the Scheme could be reasonably expected toequal the payments of principal and interest which theState is required to make to the Commonwealth underthis agreement.

(2) Should a State certify that, without taking intoaccount its administration expenses, it has incurred lossesunder the Scheme in respect of the form of assistancespecified in Part A of clause 5 from circumstances beyondits control arising after the date of this agreement, theCommonwealth agrees to review the position with theState with a view to adjusting amounts payable to theCommonwealth by the State under this agreement to theextent of such losses.

(3) The provisions of this agreement in relation to thetimes at which payments are to be made by the State to theCommonwealth and the amounts of the payments that areto be made may be varied in such manner as is agreedbetween the Commonwealth and the State upon a reviewcarried out in accordance with sub-clause (2).

Audit

22. (1) The accounts, books, vouchers, documents andother records of a State relating to the operation of theScheme shall be subject to audit by the Auditor-Generalof the State.

(2) A report on the audits in respect of each financialyear shall be furnished by the Auditor-General of the Stateto the Treasurer as soon as possible after the completionof the financial year.

Other Financial Arrangements

23. Financial arrangements in connection with the Schemeother than those provided for in this agreement shallbe carried out as agreed from time to time between theTreasurer and Treasurer of each State.

IV—GENERAL

Review

24. The operation of the Scheme in relation to all of theStates will be reviewed from time to time as appropriateby the Commonwealth and the States in the light ofexperience in its administration.


Exchange of Information

25. The Authorities of the States and appropriate Com-monwealth officers associated with the Schemes for RuralAdjustment will meet together as appropriate and at leastonce in each year and exchange information on any matterspertinent to the Schemes.

Provision of Information and Review

26. The Authority will supply to the Commonwealth fromtime to time such information regarding the operation ofthe Scheme by the State as may be requested by the Com-monwealth and which is reasonably able to be suppliedby the Authority and will participate in periodic reviewsof the effectiveness of the Scheme.

THE SCHEDULERural Adjustment—Outline of Scheme

Part 1—General Principles(a) All agricultural, horticultural and pastoral

industries are included in the Scheme. It isrecognised that in• particular circumstances someindustries may need additional special consideration.

(b) The general principle to be applied is to distributethe available resources as widely as practicable,but the over-riding objective is to help restore toeconomic viability those farms and farmers with thecapacity to maintain viability once achieved.

(c) It is expected that each administering authoritywill avail itself of the best available advice onagricultural technology and market prospects.

(d) Companies will not be eligible for assistance unlessthe Authority, having considered the shareholdingsand being satisfied that the shareholders are bonafide primary producers relying primarily on theincome of the company for their livelihood, con-siders it appropriate to provide assistance.

(e) In cases of assistance under the heading of debtreconstruction or by way of advances for carry-onexpenses, plant, livestock and property develop-ment, it is an essential part of the scheme thatadequate supervision of property management andthe financial affairs of the assisted farmer ismaintained. If the Authority. deems it necessary,it may require that moneys receivable on account ofthe property will be received by the Authority orits agent or a body nominated by the Authority,payments within the approved budgets being madethrough normal channels.


(f) Repayment of advances made by the Authorityand interest due thereon will be secured by the bestand most appropriate security available, recognisingthat this may involve ranking after existingsecurities.

(g) A transfer of the property or any interest thereinbefore advances made by the Authority are repaidwill be permitted only with the consent of theAuthority, which will upon transfer, or upon suc-cession on the death of the borrower, have the rightto review its arrangements in respect of theproperty.

(h) The arrangements with the assisted farmer will besubject to regular review by the Authority fromtime to time. They may be terminated if the farmerceases to work the property personally, fails toobserve his obligations and undertakings underthe arrangements or if the Authority decides thatfor any reason he lacks reasonable prospects ofsuccessful economic operation. Otherwise thearrangements shall be terminable when theAuthority decides that his prospects of successfuleconomic operation are no longer dependent onthe extension of concessional finance. Upon term-ination of the arrangements, all debts will thenbecome due and payable.

(i) The eligibility of a farmer for one form of assistanceunder this Scheme will not necessarily be affectedby his having applied for or received another formof assistance under the Scheme.

(j) The rate of interest payable will be decided by theAuthority in the circumstances of the particularcase. The Authority will have the right to reviewthe interest rates on individual accounts at anytime and shall review the terms of repayment,including interest rates, at regular intervals withthe objective of the borrower being encouraged totransfer to commercial credit as soon as circum-stances permit.

Part 2—Debt Reconstruction

(1) Purpose

To assist a farmer who, although having soundprospects of long term commercial viability, hasused all his cash and credit resources and cannotmeet his financial commitments.


(2) Tests of Eligibility

(a) The applicant is unable to obtain finance onreasonable terms to carry on, from any othernormal source and is thus in danger of losingproperty or other assets if not assisted underthe Scheme.

(b) There is a reasonable prospect of successfuloperation with the assistance possible underthe Scheme, the prime requirements beingability to service commitments and to reach thestage of commercial viability within a reason-able time.

(c) Assistance is merited and the applicant'sdifficulties are not substantially due to circum-stances within his control.

(3) Nature of Assistance

The assistance to be provided may include wherenecessary:

(a) A re-arrangement and/or a composition of debtsto allow more time for payment.

(b) The negotiation of a concessional rate ofinterest for existing rates.

(c) Advances of additional funds for carry-onexpenses, livestock and further propertydevelopment.

(d) Where the State legislation so provides, aprotection order against any creditor who hasthreatened action for debt, to apply while theapplication is under consideration and subjectto such extensions as the administering Auth-ority may from tithe to time determine.

(4) . Method of Operation

(a) A re-arrangement and/or composition may takethe form of the Authority advanding moneyto pay off in whole or in part the creditors,(whether or not the debts have been writtendown by the creditors under (b) below),excluding the Crown. There may be an arrange-ment by the secured or unsecured creditors topostpone repayments of principal and to refrainfrom taking action against the debtor for aspecified time. Composition arrangementsrequire the agreement in writing of creditors.


55Schemes.

(b) The possibility of creditors, including theCrown, local authorities and public utilitiesbeing asked to defer or write off part of theirdebts should be considered. Creditors shouldnot be pressed to the extent that the availabilityof credit to rural industries is damaged.

(c) Additional funds advanced for carry-onexpenses, livestock and further propertydevelopment will be strictly limited to theminimum which the Authority considers isrequired to enable the farmer to carry on andfree himself from dependence on the Authority'sassistance within the term of the advancesmade to him by the Authority.

(d) In exceptional cases, advances for carry-onexpenses and livestock may be made to a farmerwho is not yet in immediate danger of losingproperty or other assets but who, in the opinionof the Authority, is likely to reach that positionwithout such assistance, such cases being testedstrictly against the remaining eligibility criteria.

(e) Where protection orders apply it is desirable toestablish a relationship with creditors such thatthe Authority is acting in combined interestsof applicant and creditors, secured andunsecured.

(5) LimitsThe Authority shall have discretion to determine:

(a) The terms and conditions of any loan it maymake up to a maximum repayment term of 30years. An initial period of freedom from repay-ments of principal may be allowed dependingon the circumstances of the case and theinterest rate to be charged.

(b) The proportion of debts paid off by advancesin any one case.

(c) The total of advances which may be made bythe Authority in any one case.

Part 3—Farm Build-up(1) Purpose

To supplement, without discouraging, the normalprocesses under which properties which do not havereasonable prospects of long term viability underexisting and prospective circumstances are amal-gamated with an adjoining holding or are sub-divided and the subdivided portions are addedto adjoining holdings, or to assist a farmer witha property too small to be economic to purchaseadditional land to build up his property to at leasteconomic size.


(2) Tests of Eligibility(a) The owner of the property to be purchased

wishes to sell or accepts that he is obligedto sell.

(b) The purchaser is unable to obtain the financeapplied for on reasonable terms from any othernormal source.

(c) The Authority is satisfied that the built upproperty will be of sufficient size to offer soundprospects of long term commercial viability.

(d) Where an application is made by an adjoiningowner for assistance under the scheme topurchase an uneconomic property, but there is apossibility of sale of the property to anotheradjoining owner who does not require assist-ance under the Scheme, assistance will be pro-vided only if the applicant's property would bebuilt up from an uneconomic to an economicsize.

(e) The term "adjoining holding" includes aholding which is within a reasonable workingdistance of the holding under considerationwhere there is no impediment to the two hold-ings being worked as a single unit.


(a) The provision to the purchaser of finance toassist the purchase of an adjoining holding orpart of an adjoining holding.

(b) Grants at the discretion of the Authority tocover, in whole or in part, losses sustainedfrom the reduction in value of assets which areeither not useful or less useful for the builtup property.

(c) Advances for carry-on expenses, plant, live-stock and property development in respect ofthe additional land where not available fromother normal sources.

(4) Method of Operation

(a) Normally a property will be purchased onlywhere arrangements have been made for anadjoining owner to take over the property orfor the property to be subdivided and the sub-divided parts added to adjoining properties.The Authority may purchase an uneconomicproperty in advance of arrangements having

•

57Rural Reconstruction and Rural AdjustmentSchemes.

been made for the property to be added to anadjoining property or properties where the pro-gram of farm adjustment could not otherwisebe achieved. The Authority may dispose ofsuch a property on commercial terms wherethe purchaser does not require or is not eligiblefor assistance under this Part.

(b) Where appropriate, the Authority could takethe initiative to encourage an adjoining ownerto purchase an uneconomic farm where theAuthority is aware that the owner of theuneconomic farm wished to leave the industryor accepts that he is obliged to leave theindustry; this applies particularly where it isunlikely that the appropriate purchaser orpurchasers will be able to purchase theadditional ' land unless the Authority providesassistance for the purchase.

(c) Since it is required that there must be reason-able prospects of successful operation of thebuilt up property, the Authority in consideringthe transfer price of land will have regard toits productivity value.

(d) Grants to cover losses on the write off ofredundant assets will be kept to a minimum.

(e) Where advances are made for carry-onexpenses, plant, livestock and property develop-ment, the advances will be strictly limited tothe minimum which the Authority considersis required to enable the farmer to carry onand free himself from dependence on theAuthority's assistance within the term of theadvances made to him by the Authority.

(f) While any advances by the Authority in respectof built up property remain unpaid, the transferof part of the built up property will not bepermitted if this would result in a property ofa size too small to be economic.

(5) Limits(a) The term of a loan by the Authority and condi-

tions of repayment of principal will be at thediscretion of the Authority up to a maximumrepayment term of 30 years. An initial periodof freedom from repayments of principal maybe allowed depending on the circumstances ofthe case and the interest rate to be charged.

(b) The total of advances which may be made bythe Authority in any one case shall also be atits discretion.


Part 4—Farm Improvement(1) Purpose

To assist the restoration of an uneconomic propertyto economic viability by improving the effective useof an existing farm without adding to its area.


(a) The existing farm has been, but is not now,viable and is of sufficient area and the proposedimprovements are of such a kind as to offersound prospects of restoration to long termcommercial viability if assistance under theScheme were provided.

(b) The applicant is unable to obtain finance onreasonable terms from any other normal source.


(a) Advances for plant, livestock, carry-on expensesand further property development intended torestore the economic viability of the farm eitherin the existing form of production or in anotherform of production which may be undertaken incombination with, or completely replace, theexisting form of production.

(b) Grants at the discretion of the Authority to.cover, in whole or in part, losses sustained fromthe reduction in value of assets which are eithernot useful or are less useful because of thechanged pattern of farm operations.

(4) Method of Operation

(a) Advances made for the purposes of thisPart will be limited to the minimum which theAuthority considers is required to enable thefarmer to achieve the objective of theimprovement program.

(b) Grants to cover the write off of redundantassets will be kept to a minimum and will bemade only where the changed pattern of farmoperations is, in the opinion of the Authority,essential to the restoration of long termcommercial viability.


59Schemes.

(c) While any advances by the Authority in respect'of- improvement for which finance is providedunder this Part remain unpaid, the transferof part of the improved property will not bepermitted if this would result in a propertyof a size too small to be economic.

(5) Limits

(a) The term of a loan by the Authority and theconditions of repayment of principal will be atthe discretion of the Authority up to amaximum repayment term of 30 years. Aninitial period of freedom from repayments ofprincipal may be allowed where circumstanceswarrant this concession.

(b) The total of advances which may be made bythe Authority in any one , case shall be at itsdiscretion.

Part 5—Rehabilitation(1) Purpose

To provide limited assistance to those obliged toleave the industry where in the opinion of theAuthority administering the Scheme this isnecessary to alleviate conditions of personalhardship.

(2) Conditions of Eligibility

(a) The applicant's , property must have beenpurchased 'by an adjoining owner who hasbeen assisted under the farm build-upprovisions to make the purchase or theapplicant must have been unable to secureassistance under the debt reconstructionprovisions because his property is assessed notto have sound prospects of long termcommercial viability; and

(b) Taking into account the financial position of.the applicant after his property has been sold,he will suffer financial hardship which willbe alleviated by assistance under theseprovisions.


A loan on such conditions as to interest rate, if any,and repayment as are determined by the Authorityup to a maximum of $5 000 in any one case. Theloan may be converted to a grant at the discretionof the Authority.


(4) Method of OperationThe assistance will be available at the discretionof the Authority administering the Scheme.

Part 6—Carry-on Finance(1) Purpose

To provide advances for essential carry-on purposesin rural industries which it is agreed from time totime between the Commonwealth and State orStates are suffering a severe market downturn orsimilar situation (but excluding circumstancescovered by natural disaster arrangements).


(a) The applicant has reasonable prospects of longterm commercial viability having regard to hisasset structure, on the assumption of a marketrecovery to the long term trend.

(b) The applicant is unable to obtain carry-onfinance on reasonable terms from any othernormal source.

(c) Assistance is merited and the applicant'sdifficulties are not substantially due tocircumstances within his control.


Advances for essential carry-on expenses.

(4) Method of Operation(a) In relation to the rural industries referred to in

Clause 1 of this Part, the Commonwealth andthe State will agree upon the terms and condi-tions upon which assistance is to be given tofarmers within those rural industries and theCommonwealth will thereupon publish a noticeto that effect in the Australian GovernmentGazette.

(b) Farmers within those rural industries whofulfil the eligibility requirements set out abovewill then apply to the Authority in their ownState for carry-on assistance.

(c) Assistance will be made available at the discre-tion of the Authority and will be limited to theminimum which the Authority considers isrequired to enable the farmer to carry on andfree himself from dependence on the Auth-ority's assistance.


Part 7—Household Support(1) Purpose

To provide assistance for up to one year to non-viable farmers having insufficient resources to meetliving expenses and who are in need of assistanceto alleviate conditions of personal and familyhardship while the farmer considers whether toadjust out of farming.

(2) Tests of EligibilityThe applicant is assessed as non-viable in the longterm, is unable to obtain financial assistance fromany other normal source and will suffer personaland family hardship which will be alleviated byassistance under these provisions.


(a) An advance provided for one year sufficient toraise the applicant's estimated future incomefrom all sources to the level of payment whichwould be applicable to him if he were eligiblefor unemployment benefits. An extension to twoyears may be allowed at the discretion of theAuthority in those cases where a demonstrableeffort has been made to move out of farming.

(b) Where it would take some time to assess anapplicant's entitlement, interim assistance maybe granted by the Authority as a loan at a levelof payment which would be applicable to himif he were eligible for unemployment benefitsprovided there is prima facie evidence of urgentneed and unavailability of alternative sourcesof finance.

(c) If the Authority subsequently determines thatthe applicant has a viable enterprise, , theinterim assistance will be regarded as carry-onfinance.

(d) The carry-on finance would represent part orall of the finance to be provided under a Schemeoperative at the time and would be repaid underthe conditions pertaining to that Scheme.

(e) If the Authority determines that an applicantdoes not have a viable enterprise he will beeligible for household support assistance, andany interim assistance he may have receivedwill be regarded as household support assistance.

(f) Advances of household support assistance are tobe paid to the farmer at intervals decided bythe Authority, but not exceeding three months.


Prospective income for each period will beassessed by the Authority on the basis ofdeclarations made by the applicant. Eachapplicant's income situation is to be reviewedby the Authority, on the basis of declarationsmade by the applicant, when further advancesare to be made to him.

(g) Where a farmer obtains employment or hisincome is higher than allowed for by theAuthority when making an advance, the farmeris required to notify the Authority and repayany excess household support assistance he mayhave received.

(h) In the event of the Authority becoming awarethat an applicant has received more than hewas entitled to it may exercise its discretionin seeking repayment of the excess.

(i) At the end of the first period of six months forwhich a farmer receives household supportassistance the advances made to him may beconverted by the Authority to a grant.

(i) If the farmer adjusts out of farming withinthree years of the time he first receivedhousehold support, any advances made to himand not already converted to a grant maybe so converted by the Authority.

(k) If an applicant does not adjust out of farmingwithin three years after first receiving house-hold support assistance any advances made tohim and not converted to a grant will berepayable to the Authority, together withinterest accruing from the commencement ofthe advance, within a further • period of sevenyears.

(1) A farmer who is eligible for household supportand who is prepared to adjust out of farmingmay, at the discretion of the Authority, receivein lieu of household support assistance a lumpsum payment of $3 000 less any householdsupport assistance paid to him prior to adjustingout of farming. Such payment is additionalto any other payments that might be availableto him under the Scheme.

For the purposes of these provisions a farmer isregarded as having adjusted out of farming when, inthe judgement of the Authority, he has effectivelydisposed of his productive resources.


IN WITNESS WHEREOF this agreement has been signedfor and on behalf of the parties respectively as at the dayand year first above written.

SIGNED by the Right Hon-ourable JOHN MALCOLMFRASER, Prime Minister ofthe Commonwealth of Aus-tralia, in the presence of

K. E. HEYDON

SIGNED by the HonourableNEVILLE KENNETH WRAN,Premier of the State of NewSouth Wales, in the presenceof

D. G. DARLOW

SIGNED by the HonourableRUPERT JAMES HAMER,Premier of the State ofVictoria, in the presence of

K. D. GREEN

SIGNED by the HonourableJOHANNES BJELKE-PETERSEN, Premier of theState of Queensland, in thepresence of

I. I. MAYZE

SIGNED by the HonourableDONALD ALLAN DUNSTAN,Premier, of the State ofSouth Australia, in thepresence of

A. L. McMAHON.

SIGNED by the HonourableSIR CHARLES COURT,Premier of the State ofWestern Australia, in thepresence of

B. V. JOHNSON.

SIGNED by the HonourableWILLIAM ARTHURNEILSON, Premier of the

. State of Tasmania, in thepresence of

R. GRIERSON.

MALCOLM FRASER

NEVILLE WRAN

R. J. HAMER

JOH. BJELKE-PETERSEN

DON DUNSTAN.

CHARLES COURT.

W. A. NEILSON.

By Authority, WILLIAM C. BROWN. Government Printer

rural reconstruction and rural adjustment schemes

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