South Australian Current Acts

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FARM DEBT MEDIATION ACT 2018 - SECT 13

13—Issue of prohibition certificate

        (1)         The Commissioner must issue a prohibition certificate to a farmer who is entitled to a certificate under section 12.

        (2)         If mediation has taken place under this Act, the Commissioner must have regard to the report of the mediator who conducted the mediation to determine whether satisfactory mediation has occurred.

        (3)         A creditor must not commence enforcement action against a farmer if a prohibition certificate is in force in respect of the farm mortgage held by that creditor.

        (4)         A prohibition certificate expires—

            (a)         6 months after the day on which the prohibition certificate was issued; or

            (b)         on the day on which the farmer and creditor enter into mediation in respect of the farm debt,

whichever is the earlier.



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