South Australian Numbered Acts

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FARM DEBT MEDIATION ACT 2018 (NO 7 OF 2018)


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Object of Act
   4.      Interpretation
   5.      Application of Act
   6.      Enforcement action in contravention of Act void
   7.      Relationship with other Acts

   PART 2--Availability of mediation Division 1--Availability of mediation

   8.      Notice of availability of mediation to be given
   9.      Farmer may request mediation
   10.     Creditor may agree to or refuse mediation
   11.     Enforcement action postponed to allow for mediation Division 2--Prohibition certificate
   12.     Application by farmer for issue of prohibition certificate
   13.     Issue of prohibition certificate Division 3--Exemption certificate
   14.     Application by creditor for issue of exemption certificate
   15.     Issue of exemption certificate
   16.     Creditor may satisfactorily participate in mediation without forgiving or reducing farm debt
   17.     Duration of exemption certificate Division 4--General
   18.     When is a farmer or creditor presumed to have refused to participate in mediation?

   PART 3--The Commissioner and mediation Division 1--The Commissioner and mediators

   19.     Administration of Act
   20.     Functions of Commissioner
   21.     Functions of mediators Division 2--The mediation process
   22.     Commissioner must arrange mediation
   23.     Conduct of mediation
   24.     Confidentiality
   25.     Mediation fees

   PART 4--General

   26.     Agreement reached by parties at mediation
   27.     Contracting out prohibited
   28.     Waiver of rights void
   29.     Notices by mortgagee
   30.     Service
   31.     Offences by bodies corporate
   32.     Regulations
           SCHEDULE 1--Transitional provision


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