(1) Nothing in this Act affects the operation of the or any other Act or law that deals with the granting of relief in respect of harsh, oppressive, unconscionable or unjust contracts or on the grounds of hardship. Contracts Review Act 1980
(1) A creditor must not take enforcement action in respect of a farm mortgage unless an exemption certificate granted to the creditor is in force in respect of the farm debt concerned. Maximum penalty:
(a) for a corporation—2,500 penalty units, or (b) for an individual—500 penalty units.
(1) The Authority may, on application, grant or refuse a prohibition certificate.
(1) The Authority may, on application, grant or refuse an exemption certificate.
(1) An exemption certificate takes effect when it is issued and remains in force until the date on which the effective period ends. (2) The effective period for an exemption certificate is:
(a) if satisfactory mediation in respect of the farm debt concerned has taken place, or the farmer has failed to take part in mediation in good faith—the period of 3 years commencing on the last date of the mediation, or (b) if the farmer has indicated in writing that the farmer does not wish to enter into or proceed with mediation—the period of 3 years commencing on the date the indication was given to the Authority or creditor, or (c) if the farmer has failed to respond to a notice inviting mediation within the period of 20 business days (or any longer period allowed by the Authority for the purposes of determining the application for the exemption certificate)—the period of 3 years commencing immediately after the end of the period required or allowed for the response, or (d) in any other case—the period of 3 years commencing on the date the certificate was issued.
(1) A creditor under a farm mortgage may give a farmer who is in default under the mortgage a notice of invitation to participate in mediation (a notice inviting mediation ) in respect of the farm debt concerned.
(1) A farmer who owes money to a creditor under a farm mortgage may, by notice given to the creditor, request mediation in relation to the farm debt concerned (a mediation request ).
(1) A mediator may facilitate the exchange of information between the parties to the mediation for the purpose of assisting the parties to resolve the issues between them.
(1) The procedure for commencing and conducting a mediation session is to be as determined by the Authority. (1A) Without limiting subsection (1), a mediator may:
(a) call a pre-mediation conference, and (b) adjourn a mediation session if it appears that a party would be significantly disadvantaged because of the length of the session, and (c) adjourn or terminate a mediation session if it appears that continuing the session would not be appropriate. (1B) In determining whether it would be appropriate to continue a mediation session, the mediator is to consider the following matters:
(a) the duration of the mediation session, (b) whether the parties are able and willing to participate in the mediation session, (c) whether the parties are engaging in the mediation in good faith, (d) any risk to the health or safety of the parties resulting from the conduct of the mediation session, (e) any other matters that, in the opinion of the mediator, are relevant in the circumstances.
(1) Evidence of anything said or admitted during a mediation session and a document prepared for the purposes of, in the course of or pursuant to, a mediation session are not admissible in any proceedings in a court or before a person or body authorised to hear and receive evidence.
(1) A party to mediation is not entitled to be represented by an agent unless it appears to the mediator that:
(a) an agent should be permitted to facilitate the mediation, and (b) the agent proposed to be appointed has sufficient knowledge of the issue concerned to enable the agent to represent the party effectively, and the mediator so approves. (2) Subsection (1) does not prevent a corporation within the meaning of the of the Commonwealth that is a party to a mediation from being represented at the mediation by an officer of the corporation. Corporations Act 2001 (3) If the mediator approves of the representation of a party by an agent, the approval of the mediator may be given subject to such conditions as the mediator considers reasonable to ensure that the other party to the mediation is not substantially disadvantaged by the agent appearing at the mediation and, if the mediator does so approve, the entitlement of the agent to represent the party is subject to compliance by the agent with the conditions.
(1) The parties to a mediation are to pay:
(a) an equal share of any fee charged by the mediator for the mediation, and (b) their own costs associated with attendance at the mediation.
(1) If the parties are satisfied that a draft mediation agreement sets out the main points agreed on by them during, or within 24 hours after the end of, the mediation, the parties may enter into a mediation agreement by signing the draft agreement.
(1) There is to be a cooling off period for each mediation agreement between a farmer and a creditor.
(1) The farmer may, during a cooling off period arising under section 18L, serve a written notice on the creditor or the creditor’s Australian legal practitioner to the effect that the farmer rescinds the mediation agreement subject to the cooling off period. (2) The notice of rescission must be signed by the farmer or the farmer’s Australian legal practitioner.
(1) An aggrieved person may apply to the Authority for a review ( internal review ) of any of the following decisions:
(a) a decision to grant, or to refuse, a prohibition certificate, (b) a decision to grant, or to refuse, an exemption certificate, (c) a decision to accredit or reaccredit, or to refuse to accredit or reaccredit, a person as a mediator, (d) a decision to suspend or cancel the accreditation of a mediator. (2) An aggrieved person is:
(a) in relation to a decision about the grant or refusal of a prohibition certificate or an exemption certificate—the farmer or guarantor whose obligations are secured by the farm mortgage concerned, or the creditor, or (b) in relation to a decision about accreditation or reaccreditation of a mediator—the mediator. (3) An application for internal review must:
(a) be in the approved form, and (b) be lodged with the Authority within 20 business days (or such longer period as the Authority may allow) after the person was notified of the making of the decision concerned, and (c) comply with such other requirements as may be prescribed by the regulations. (4) The application is to be dealt with by the Chief Executive of the Authority or an employee of the Authority who is directed by the Chief Executive to deal with the application. The reviewer must be a person who was not substantially involved in making the decision the subject of the application. (5) The reviewer may invite any person who, in the opinion of the reviewer, may be affected by the outcome of the review to submit material for consideration on the review.
(1) A document that is authorised or required by this Act or the regulations to be served on any person (other than a mediator) may be served by any of the following methods:
(a) in the case of an individual—by personal delivery to the person, (b) by post to the address specified by the person for the service of documents of that kind, (c) in the case of an individual who has not specified such an address—by post to the residential or business address of the person last known to the person serving the document, (d) in the case of a corporation—by post to the registered office or any other office of the corporation or by leaving it at any such office with a person apparently over the age of 16 years, (e) by email to an email address specified by the person for the service of documents of that kind, (f) by any other method authorised by the regulations for the service of documents of that kind.