South Australian Current Acts

FARM DEBT MEDIATION ACT 2018 - SECT 12

12—Application by farmer for issue of prohibition certificate

        (1)         A farmer is, on application to the Commissioner, entitled to be issued with a prohibition certificate if—

            (a)         the farmer is in default under a farm mortgage; and

            (b)         an exemption certificate is not in force in respect of the farm mortgage; and

            (c)         the farmer has notified a creditor in accordance with section 9(2) or (3) that the farmer requests mediation concerning the farm debt; and

            (d)         following the farmer's request for mediation under section 9(2) or (3)—

                  (i)         satisfactory mediation has not taken place because—

                        (A)         the creditor has refused to participate in mediation (or has failed to respond to the farmer's request for mediation); or

                        (B)         mediation has commenced but the creditor does not wish to continue to participate in mediation; or

                  (ii)         at least 3 months have elapsed since a request was made by the farmer under section 9(2) or (3) and throughout that period the farmer has attempted to participate in mediation in good faith but no satisfactory mediation has taken place between the farmer and the creditor.

        (2)         An application under subsection (1) must—

            (a)         be made in a manner and form approved by the Commissioner; and

            (b)         specify the circumstances under which the farmer made the request to participate in mediation; and

            (c)         if relevant, specify the circumstances of the creditor's refusal to participate in mediation.