VEA ? [2]
For the purposes of RASF, a sugarcane farmer holds an eligible interest [3] in a sugarcane farm [3] if they:
VEA ? [4]
Sharefarmers who do not own real land and do not have an eligible interest are unable to participate in RASF.
Sugarcane farmers who occupy property on a short-term lease rather than a pastoral lease are unable to participate in RASF because they do not have an eligible interest in the sugarcane farm.
A trustee [3] of a trust has a legal interest in the trust's assets. Accordingly, where a farm is owned by a trust and the sugarcane farmer is the trustee of that trust, he or she has an eligible interest in the sugarcane farm. This includes situations where the sugarcane farmer is the trustee of an estate, for example where a widow [3]/widower [3] is trustee of the deceased partner's will.
Shareholders in private trustee companies that own a sugarcane farm have an eligible interest.
VEA [8]
Eligible interest in a sugarcane farm
Subsection 5PAA(5) [9] VEA
Eligible interest in a relevant sugarcane farm asset
Subsection 5PAA(6) [9] VEA
VEA (go back) [10]
A sugarcane farmer holds an eligible interest in a sugarcane farm [3] if they:
Refer to subsection 5PAA(5) for the full definition.
According to subsection 5PAA(1) of the VEA [9], a sugarcane farm is a farm that is used predominantly for the purposes of a sugarcane farm enterprise [3].
Trustee has two meanings depending on the context, (i) and (ii).
(i) a person who looks after someone else's affairs
According to section 202 of the VEA [9], a trustee is a person appointed by the Commission to administer the financial affairs of a pensioner who may be incapable of managing their own affairs for reasons such as:
These criteria include circumstances where a pensioner has a psychiatric disorder or a mental illness as a result of alcohol or drug addiction.
A trustee can be appointed, with or without the consent of the pensioner and once appointed, a trustee has full control of the pension payment.
(ii) a person responsible for administration of a trust
According to section 52ZO of the VEA [9], trustee has the same meaning as in the Income Tax Assessment Act 1997 [11].
A widow is a woman who was:
A widower is a man who was:
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16297%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16297#tgt-cspol_part5_ftn443
[3] https://clik.dva.gov.au/%23
[4] https://clik.dva.gov.au/book/export/html/16297#tgt-cspol_part5_ftn444
[5] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[6] https://clik.dva.gov.au/book/export/html/16297#ref-cspol_part5_ftn443
[7] https://clik.dva.gov.au/book/export/html/16297#ref-cspol_part5_ftn444
[8] https://clik.dva.gov.au/book/export/html/16297#tgt-glossary_glossary_ftn3
[9] http://clik.dva.gov.au/legislation-library
[10] https://clik.dva.gov.au/book/export/html/16297#ref-glossary_glossary_ftn3
[11] http://www.comlaw.gov.au/comlaw/management.nsf/lookupindexpagesbyid/IP200401745?OpenDocument