VEA ? [2]
The transfer of any relevant sugarcane farm assets [3] must occur by way of gift.
If the sugarcane farmer signs a contract to sell the sugarcane farm [3](s) to the younger generation, with the price to be paid by instalments, the amount of the unpaid instalments is not an asset that can be disregarded under RASF.
VEA ? [4]
The assets transferred must include real property (land).
VEA ? [5]
The sugarcane farmer must transfer the legal title of their sugarcane farm land to the eligible descendant [3].
More ? [6]
Ownership of land under general law can only be proven by the 'chain of title', the group of documents that show changes in ownership for at least the last 30 years. Where the sugarcane farmer holds general law land, this land must have been converted to a Torrens title before the transfer of legal title is accepted for RASF purposes.
A sugarcane farmer's ownership of land under the Torrens system can be shown on a certificate of title issued under the relevant State land law [3].
To confirm the transfer by the sugarcane farmer to the younger generation, a copy of the certificate of title of the relevant sugarcane farm land is required by DVA [3]. Acceptable proof of ownership, and thus transfer, differ depending on whether the title for the land is held under the general law (old) system or the Torrens system.
Requirement for qualifying sugarcane farmer
Section 49Q(1) [7] VEA
Requirement for former partner
Section 49Q(2) [7] VEA
According to subsection 5PAA(1) of the VEA [13], relevant sugarcane farm assets in relation to a sugarcane farm [3], means any relevant farm asset or assets [3] that are a produce of, or are used for the purposes of, a sugarcane farm enterprise [3].
According to subsection 5PAA(1) of the VEA [13], a sugarcane farm is a farm that is used predominantly for the purposes of a sugarcane farm enterprise [3].
According to subsection 5P(1) [13] of the VEA, an eligible descendant in relation to a person means:
According to subsection 5P(1) of the VEA [13], relevant State land law means any of the following laws:
The Department of Veterans' Affairs.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16266%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16266#tgt-cspol_part5_ftn424
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/book/export/html/16266#tgt-cspol_part5_ftn425
[5] https://clik.dva.gov.au/book/export/html/16266#tgt-cspol_part5_ftn426
[6] https://clik.dva.gov.au/book/export/html/16266#tgt-cspol_part5_ftn427
[7] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[8] https://clik.dva.gov.au/book/export/html/16266#ref-cspol_part5_ftn424
[9] https://clik.dva.gov.au/book/export/html/16266#ref-cspol_part5_ftn425
[10] https://clik.dva.gov.au/book/export/html/16266#ref-cspol_part5_ftn426
[11] https://clik.dva.gov.au/compensation-and-support-policy-library/part-5-income-support-allowances-and-benefits/510-retirement-assistance-sugarcane-farmers-scheme-rasf/5103-requirements-applicable-sugarcane-farm-transfer/requirement-transfer-eligible-descendant
[12] https://clik.dva.gov.au/book/export/html/16266#ref-cspol_part5_ftn427
[13] http://clik.dva.gov.au/legislation-library