Victorian Numbered Acts

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FARM DEBT MEDIATION ACT 2011 (NO. 42 OF 2011) - SECT 10

Creditor may agree to or refuse mediation

    (1)     A creditor who receives a request for mediation from a farmer under section 9 may, by written notice given to the farmer, agree or refuse to mediate in respect of the farm debt involved.

    (2)     A response under subsection (1) to a request for mediation may be in the form approved by the Secretary.

    (3)     If a creditor refuses to mediate with a farmer who has made a request under section 9

        (a)     where the farmer is not in default, the refusal by the creditor does not, of itself, give rise to any claim or other consequence under this Act;

        (b)     where the farmer is in default, the refusal by the creditor provides the farmer with grounds to apply to the Small Business Commissioner under section 13 for the issue of a prohibition certificate.

    (4)     If a creditor agrees to mediate with a farmer who has made a request under section 9, the creditor must—

        (a)     by written notice, advise the Department that the parties have agreed to mediate; and

        (b)     provide the notice specified in paragraph (a) to the Department within 10 days after giving notice under subsection (1).



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