VEA ? [2]
A person is considered to have been actively involved in a sugarcane farm enterprise [3] if they:
During periods of industry downturn, an eligible descendant [3] may have been forced to obtain off-farm income as a result of the sugarcane farm being unable to support the younger generation. It is possible under RASF to accept that an eligible descendant has been actively involved with a sugarcane farm [3] for the three years immediately before the date of transfer, where they were forced to work off-farm, during all or part of the three-year period.
During the three years immediately prior to transfer of the sugarcane farm, an eligible descendant is required to have contributed a proportion of their labour to the sugarcane farm during term or annual breaks or holiday periods from their job, on weekends, or before or after work, where the eligible descendant was:
According to subsection 5PAA(1) of the VEA [6], a sugarcane farm enterprise is a farm enterprise [3] where:
For the full definition, refer to subsection 5PAA(1).
In considering whether a 'significant part' of the person's labour was related to the farm, the general rule will be that at least half of the person's working hours were involved. The entire period is examined as a whole.
RAFS example: A farmer purchased his farm in 1982. From 1993 to 1995 the farmer worked full time in off-farm employment, but continued to work on the farm after work and on weekends, and continued to receive a small income from his farm. For the remainder of the period, all of his labour was contributed to the farm. The farmer retired in 1998 and gifted the farm to his daughter. The farmer is a qualifying farmer because he has continuously owned a farm for at least 15 years, and during that time the significant part of his income, labour and capital was related to his farm.
RASF example: A sugarcane farmer purchased his sugarcane farm in 1988. From 1999 to 2001 the farmer worked full time in off-farm employment, but continued to work on the sugarcane farm after work and on weekends, and continued to receive a small income from his sugarcane farm. For the remainder of the period, all of his labour was contributed to the sugarcane farm. The sugarcane farmer retired in August 2004 and gifted the sugarcane farm to his daughter. The sugarcane farmer is a qualifying sugarcane farmer because he has continuously owned a sugarcane farm for at least 15 years, and during that time the significant part of his income, labour and capital was related to his sugarcane farm.
According to subsection 5P(1) [6] of the VEA, an eligible descendant in relation to a person means:
According to subsection 49Q(5) [7] of the VEA, a person is deemed to have been actively involved with a sugarcane farm [3] during a particular period if during that period the person:
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16267%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16267#tgt-cspol_part5_ftn451
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[5] https://clik.dva.gov.au/book/export/html/16267#ref-cspol_part5_ftn451
[6] http://clik.dva.gov.au/legislation-library
[7] http://clik.dva.gov.au/node/32981