An Act to establish an authority to give assistance to rural and regional producers and certain small businesses, and for related purposes
Long title amd 2004 No. 28s 3
This Act may be cited as the Rural and Regional Adjustment Act 1994.s 1 sub 2004 No. 28s 4
s 2 om 2004 No. 28s 5
(1)The object of this Act is to establish QRAA primarily to administer assistance schemes that foster the development of a more productive and sustainable rural and regional sector in Queensland.(2)QRAA may also—(a)support the State’s economy by administering schemes to give assistance to primary producers, small businesses or other elements of the State’s economy—(i)in periods when they are experiencing temporary difficulty; or(ii)to otherwise benefit the State’s economy; and(b)give assistance and build its own effectiveness by administering schemes or parts of schemes for the Commonwealth and other States in rural and regional sectors outside Queensland.Examples of administering parts of schemes—
•conducting financial analysis of applications for assistance under an authorised interstate scheme•reviewing an authorised interstate scheme•providing advice on applications for financial assistance under an authorised interstate schemes 3 amd 2004 No. 28s 6
sub 2008 No. 22s 4
amd 2013 No. 41s 73
In this Act—approved assistance scheme see section 11.approved scheme means an approved assistance scheme or an authorised interstate scheme.def approved scheme ins 2008 No. 22s 5(1)
authorised interstate scheme means a scheme for which the Minister has given an authorisation under section 11A.def authorised interstate scheme ins 2008 No. 22s 5(1)
authority means QRAA.def authority sub 2004 No. 28s 7(1)–(2)
authority’s assistance funds means amounts held by the authority, if the amounts have been—(a)advanced to the authority, for giving financial assistance under approved schemes, by—(i)the State, the Commonwealth or another State, or an entity that represents the State, the Commonwealth or another State; or(ii)another entity, under a scheme entered into between the entity and the State; or(b)paid to the authority by persons to whom financial assistance has been given, whether the assistance was given before or after the commencement of this Act; or(c)earned on—(i)the investment by the authority of the amounts mentioned in paragraph (a) or (b); or(ii)loans made, whether before or after the commencement of this Act, in giving financial assistance.def authority’s assistance funds amd 2004 No. 28s 7(3); 2008 No. 22s 5(2)
board means the authority’s board of directors.chairperson means the chairperson of the board.chief executive officer means the authority’s chief executive officer.director see section 16.def director sub 2004 No. 28s 7(1)–(2)
government owned corporation ...def government owned corporation om 2004 No. 28s 7(1)
officer of the authority means any of the following—(a)the chief executive officer;(b)an authority employee, whether or not there is a written contract of employment between the authority and the employee;(c)an individual who performs services for the authority—(i)under a contract (other than a contract of employment) between the individual and the authority; or(ii)under an arrangement between the authority and a person (other than the individual).original decision see section 13C.def original decision ins 2004 No. 28s 7(2)
public accounts ...def public accounts om 1999 No. 29s 50 sch
regional includes fishing and forestry.def regional ins 2004 No. 28s 7(2)
review decision see section 13C.def review decision ins 2004 No. 28s 7(2)
rural includes fishing and forestry.def rural ins 2004 No. 28s 7(2)
pt hdg sub 2004 No. 28s 8
QRAA is established.s 5 sub 2004 No. 28s 9
The authority—(a)is a body corporate; and(b)has a seal; and(c)may sue and be sued in its corporate name.
7Authority represents the State
(1)The authority represents the State.(2)Without limiting subsection (1), the authority has all the privileges and immunities of the State.s 7 amd 2001 No. 45s 29sch 3
(1)The authority’s primary function is to put approved assistance schemes into effect by—(a)ensuring the schemes are properly and fairly administered; and(b)directly giving the assistance the schemes provide for.(2)The other functions of the authority are—(a)to arrange for education, training and advice to applicants under approved assistance schemes; and(b)to negotiate for assistance funding with all levels of government; and(c)to carry out research into, and develop policies on, issues affecting persons likely to receive assistance under this Act; and(d)to review, and give advice to the Minister on—(i)proposed assistance schemes; and(ii)the implementation of approved assistance schemes; and(iii)economic and other conditions in the rural and regional sectors; and(e)to consult, and liaise with—(i)commercial lenders and financial advisers; and(ii)public sector units with the function of helping the rural, regional and small business sectors of the economy, and equivalent entities of other States or the Commonwealth; and(iii)organisations representing the interests of persons likely to receive assistance under this Act; and(f)to administer authorised interstate schemes or parts of the schemes; and(g)to perform functions incidental to a function under another paragraph of this subsection; and(h)to perform other functions given to the authority under this Act or another Act; and(i)other functions prescribed by regulation.s 8 amd 1996 No. 37s 147sch 2; 2004 No. 28s 10; 2008 No. 22s 6; 2013 No. 41s 74
(1)The authority has all the powers of an individual, and may, for example—(a)enter into contracts; and(b)acquire, hold, deal with and dispose of property; and(c)appoint agents and attorneys; and(d)charge for, and fix conditions for the supply of, the goods, services and information it supplies; and(e)engage consultants; and(f)do anything else necessary or convenient to be done for, or in connection with, the performance of its functions.(2)Without limiting subsection (1), the authority has the powers given to it under this or another Act.(3)The authority may exercise its powers inside or outside Queensland.s 9 amd 2008 No. 22s 7
9AMinisterial direction or notice
(1)The Minister may give the authority a written direction about the performance of the authority’s functions or the exercise of its powers, or written notice of a public sector policy, if the Minister is satisfied it is necessary to give the direction or notice in the public interest.(2)The authority must ensure the direction or policy is complied with.(3)However, before giving the direction or notice the Minister must—(a)consult with the authority; and(b)ask the authority to advise whether, in its opinion, complying with the direction or policy would not be in its financial interest.(4)The Minister must gazette a copy of the direction or notice within 21 days after the direction or notice is given.(5)The authority—(a)must include in its annual report, prepared under the Financial Accountability Act 2009, section 63, details of any direction or notice given by the Minister under subsection (1) during the financial year to which the report relates; and(b)may include in the report a comment on the effect on the authority’s activities of complying with the direction or policy.s 9A ins 2004 No. 28s 11
amd 2009 No. 9s 136sch 1
The authority may give financial assistance only under an approved scheme.s 10 prev s 10 om 1996 No. 54s 9 sch
pres s 10 ins 2008 No. 22s 8
(1)An approved assistance scheme is a scheme that—(a)states the purpose and nature of financial assistance that may be given; and(b)identifies the categories of persons eligible to receive the assistance; and(c)is approved under a regulation.(2)A regulation approving a scheme must set out the scheme in detail.(3)An approved assistance scheme—(a)may include conditions on which financial assistance must be given; and(b)may provide for—(i)payments into the consolidated fund or a fund or the departmental accounts of a department of amounts of the authority’s assistance funds associated with the scheme; and(ii)write-offs to loan balances.(4)A regulation may also approve a scheme if—(a)the scheme is established by the Commonwealth or another State or an entity that represents the State, the Commonwealth or another State; and(b)the purpose of the scheme is consistent with the object of this Act.(5)An assistance scheme approved under subsection (4) is also an approved assistance scheme for this Act.s 11 amd 1999 No. 29s 50 sch; 2004 No. 28s 12; 2008 No. 22s 9
11AAuthorisation for interstate schemes
(1)This section applies in relation to a scheme, other than an approved assistance scheme, established by the Commonwealth or another State or an entity that represents the Commonwealth or another State.(2)The authority must not tender for the administration of the scheme or a part of the scheme, or agree to administer the scheme or a part of the scheme, unless the Minister has authorised the authority to enter into arrangements for the administration of the scheme or part.(3)The Minister may give authorisation only if satisfied the scheme’s main purpose is to—(a)foster the development of the rural and regional sector in another State; or(b)give assistance to primary producers or small businesses in another State in periods when they are experiencing temporary difficulty.(4)Authorisation may be given on conditions the Minister considers appropriate.(5)The authority must give the Minister any information the Minister asks for about a tender or arrangement that the authority has made or proposes to make for the administration of the scheme or part of the scheme.(6)However, subsection (5) does not apply to the extent that giving the information would contravene a confidentiality agreement to which the authority is a party.s 11A ins 2008 No. 22s 10
amd 2013 No. 41s 75
12Administering approved schemes
(1)In administering an approved scheme, the authority may—(a)assess and decide applications for assistance under the scheme; and(b)cancel the provision of assistance; and(c)put conditions on the giving of assistance; and(d)change the arrangements for the repayment of debts to the authority; and(e)decline to deal with applications made by persons previously refused assistance under the scheme; and(f)decide its own procedures; and(g)keep operational accounts with financial institutions within Australia.(2)However, in administering an approved scheme, the authority must comply with—(a)the contents of the scheme; and(b)agreements entered into between the authority and persons receiving assistance under the scheme.s 12 amd 1997 No. 17s 74 sch; 2008 No. 22s 11
Amounts of financial assistance given by the authority under an approved scheme are to be drawn from the authority’s assistance funds.s 13 amd 2008 No. 22s 12
pt hdg ins 2004 No. 28s 13
13AWho may apply for internal review
A person who is dissatisfied by a decision of the authority under section 12(1)(a) to (e) or section 43(2), in relation to an approved scheme, may apply to the chief executive officer for an internal review of the decision.s 13A ins 2004 No. 28s 13
amd 2008 No. 22s 13
13BHow to apply for internal review
(1)An application for internal review of a decision must be—(a)made in the approved form; and(b)supported by enough information to enable the chief executive officer to decide the application; and(c)made within 20 business days after the person receives notice of the decision.(2)However, the chief executive officer may extend the time for applying for an internal review.(3)The decision is stayed until the chief executive makes a decision under section 13C.s 13B ins 2004 No. 28s 13
(1)The chief executive officer must, within 30 business days after receiving the application—(a)review the decision (the original decision); and(b)make a decision (the review decision) to—(i)confirm the original decision; or(ii)amend the original decision; or(iii)substitute another decision for the original decision; and(c)give the applicant notice (the review notice) of the review decision.(2)If the review decision is not the decision sought by the applicant, the review notice must also state the reasons for the review decision.(3)If the chief executive officer does not comply with subsection (1), the chief executive officer is taken to have made a decision confirming the original decision.s 13C ins 2004 No. 28s 13
The authority has a board of directors.
(1)The board is responsible for the way the authority performs its functions and exercises its powers.(2)Without limiting subsection (1), it is the board’s role—(a)to decide the strategies and the operational, administrative and financial policies to be followed by the authority; and(b)to ensure the authority performs its functions in a proper, effective and efficient way; and(c)to review annually the performance of the authority’s chief executive officer.s 15 amd 2004 No. 28s 14
(1)The board consists of the following persons (each of whom is a director)—(a)the chief executive;(b)the chief executive of the department in which the Financial Accountability Act 2009 is administered;(c)not more than 5 other persons, appointed by the Governor in Council, who have the skills and experience necessary to enable them to contribute effectively to the board’s ability to perform its functions.Example of skills for paragraph (c)—
financial skills, strategic and business planning skills, rural industry skills(2)The Governor in Council must appoint 1 of the directors appointed under subsection (1)(c) as the chairperson.(3)The chairperson’s term of appointment ends when the person’s term of appointment as a director ends.s 16 sub 2004 No. 28s 15
amd 2009 No. 9s 136sch 1
16AChairperson to report to Minister
(1)The chairperson must report to the Minister on the performance of the authority’s functions and the exercise of its powers.(2)A report under subsection (1) must be given—(a)within 1 month after the end of each quarter; and(b)at any other time at the Minister’s request.(3)Also, if the chairperson becomes aware of a matter the chairperson is satisfied may adversely affect the authority’s ability to perform its functions, the chairperson must immediately report the matter to the Minister.(4)In subsection (2)—quarter means a 3-month period ending on 31 March, 30 June, 30 September or 31 December.s 16A ins 2004 No. 28s 15
16BChairperson to give business plan to Minister
(1)The chairperson must give the Minister a copy of each business plan, prepared by the chief executive officer, by 30 April in the year for which the plan is prepared.(2)The chairperson must not give a copy of a business plan to the Minister unless the board has approved the business plan.s 16B ins 2004 No. 28s 15
16CReporting and accountability
(1)The Minister may, at any time, require the chairperson to give the Minister stated information and reports in the way, and within the time, the Minister requires.(2)The chairperson must comply with the requirement to the extent the chairperson is able to comply with it.(3)If the chairperson can not comply with the requirement, the chairperson must give the Minister reasons for not being able to comply.(4)The chairperson must give the Minister a report on any matter of which the chairperson becomes aware that may significantly affect the authority’s ability to perform its functions.(5)The chairperson must give the Minister a report mentioned in subsection (4) as soon as practicable but within 1 month after the chairperson first becomes aware of the matter.s 16C ins 2004 No. 28s 15
div hdg ins 2004 No. 28s 15
16DDelegation by non-appointed directors
(1)A director mentioned in section 16(1)(a) or (b) may delegate the director’s functions under this Act to an appropriately qualified senior executive in the public service.(2)In this section—appropriately qualified includes having the qualifications, experience or standing appropriate to the exercise of the function.the person’s classification level in a departmentfunction includes a power.s 16D ins 2008 No. 22s 14
(1)A director appointed under section 16(1)(c) is appointed for the term, of not more than 3 years, stated in the director’s instrument of appointment.(1A)The terms of appointment must be staggered so that, as far as practicable, half the directors’ terms end every 18 months.(2)The office of a director appointed under section 16(1)(c) becomes vacant if—(a)the director resigns by signed notice to the Minister; or(b)the director is found guilty of an indictable offence or an offence against this Act; or(c)the director becomes employed by, or becomes a contractor of, the authority; or(d)the director’s appointment is ended by the Governor in Council under subsection (3).(3)The Governor in Council may, at any time, end the appointment of a director for any reason or none.s 17 amd 2004 No. 28s 16
(1)A director is appointed on a part-time basis.(2)A director is entitled to be paid the remuneration and allowances fixed by the Governor in Council.
(1)The board may hold its meetings when and where it decides.(2)However, the board must meet at least once every 3 months.(3)The chairperson—(a)may at any time call a meeting of the board; and(b)must call a meeting if asked by one-quarter or more of the other directors.
(1)The chairperson presides at all meetings of the board at which the chairperson is present.(2)If the chairperson is absent, the director chosen by the directors present presides.(3)At a meeting of the board—(a)a quorum is at least half of the directors; and(b)a question is decided by a majority of the votes of the directors present and voting; and(c)each director present has a vote on each question to be decided and, if the votes are equal, the director presiding has a casting vote.(4)The board may conduct its proceedings (including its meetings) as it considers appropriate.(5)The board may hold meetings, or permit directors to take part in meetings, by telephone, closed-circuit television or another form of communication.(6)A director who takes part in a meeting of the board under subsection (5) is taken to be present at the meeting.(7)A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if—(a)at least half the directors give written agreement to the resolution; and(b)notice of the resolution is given under procedures approved by the board.s 20 amd 2008 No. 22s 15
(1)A director must disclose to a meeting of the board a direct or indirect financial interest in an issue being considered or about to be considered by the board if—(a)the director, or a person who, under the regulations, is related to the director, has the interest; and(b)the interest could conflict with the appropriate performance of the director’s duties about the consideration of the issue.(2)The disclosure must be recorded in the board’s minutes and, unless the board otherwise directs, the director must not be present when the board considers the issue, or take part in a decision of the board on the issue.(3)Another director who also has, or who is, under the regulations, related to a person who also has, a direct or indirect financial interest in the issue must not—(a)be present when the board is considering its decision under subsection (2); or(b)take part in making the decision.(4)If, because of this section, a director is not present at a meeting of the board for the deliberation of the board about an issue, but there would be a quorum if the director were present, the remaining directors present are a quorum for the board’s deliberation or decision about the issue at the meeting.
The board must keep minutes of its proceedings.
23Application of Financial Accountability Act
(1)The authority is a statutory body within the meaning of the Financial Accountability Act 2009.(2)This section is enacted to avoid doubt.s 23 amd 2009 No. 9s 136sch 1
23AAuthority is a statutory body for Statutory Bodies Financial Arrangements Act 1982
(1)Under the Statutory Bodies Financial Arrangements Act 1982, the authority is a statutory body.(2)The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the authority’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982.s 23A ins 1996 No. 54s 9 sch
(1)For each financial year, the authority must develop, adopt and submit to the Minister an administration budget not later than the day the Minister directs.(2)An administration budget has no effect until approved by the Minister.(3)During a financial year the authority may develop, adopt and submit to the Minister amendments to its administration budget.(4)An amendment has no effect until approved by the Minister.
Judicial notice must be taken of the imprint of the authority’s seal appearing on a document, and the document must be presumed to have been properly sealed unless the contrary is proved.
The authority is—(a)a unit of public administration under the Crime and Corruption Act 2001; and(b)a relevant EEO agency for the Public Service Act 2008, chapter 2.s 26 amd 2001 No. 69s 378sch 1; 2008 No. 38s 252sch 3; 2014 No. 21s 94(2)sch 2
The authority may delegate its powers to a director or an officer of the authority.
(1)The authority must have a chief executive officer (however called).(2)The chief executive officer is responsible for ensuring the authority is managed as required by the policies of the board.
The chief executive officer is appointed by the Governor in Council.
A director must not be appointed as chief executive officer.
31Chief executive officer appointed under this Act
The chief executive officer is to be appointed under this Act, and not under the Public Service Act 2008.s 31 sub 1996 No. 37s 147sch 2; 2004 No. 28s 17
amd 2008 No. 38s 252sch 3
The chief executive officer holds office for the term (not longer than 5 years) stated by the Governor in Council in the instrument of appointment.
33Chief executive officer not to engage in other paid employment
The chief executive officer must not, without the approval of the board—(a)engage in paid employment outside the duties of the office of chief executive officer; or(b)actively take part in the activities of a business, or in the management of a corporation carrying on business.
The chief executive officer holds office on the conditions (including conditions for remuneration, allowances and remuneration when the appointment ends) fixed by the authority.
35Acting chief executive officer
The Minister may appoint a person, who is eligible for appointment as chief executive officer, to act in the office of chief executive officer during—(a)any vacancy, or all vacancies, in the office; or(b)any period, or all periods, when the chief executive officer is absent from duty, or cannot, for another reason, perform the duties of the office.s 35 amd 2013 No. 41s 76
35AChief executive officer to prepare business plan
(1)Without limiting section 28(2), the chief executive officer must—(a)prepare a business plan for each year; and(b)give the plan to the board by 31 March in the year for which the plan is prepared.(2)The business plan must cover the authority’s operations for the year in which the plan is prepared and the following 2 years.s 35A ins 2004 No. 28s 18
(1)The chief executive officer may, with the board’s approval, delegate the chief executive officer’s functions, including a function delegated to the chief executive officer by the authority, to an appropriately qualified employee of the authority.(2)In this section—appropriately qualified, for an employee of the authority, includes having the qualifications, experience or standing appropriate for the function.an employee’s seniority level within the staff of the authorityfunction includes power.s 35B ins 2013 No. 41s 77
(1)The authority may engage the employees it considers necessary to perform its functions.(2)The authority may decide its employees’ conditions of employment.(3)However, subsection (2) has effect subject to any relevant industrial instrument.(4)The authority’s employees are to be employed under this Act, and not under the Public Service Act 2008.(5)In subsection (2)—conditions of employment includes conditions about duration of the employment and ending the employment.s 36 amd 1996 No. 37s 147sch 2; 2008 No. 38s 252sch 3; 2016 No. 63 s 1157 sch 6
37Alternative staffing arrangements
The authority may arrange with the chief executive of a department, an authority of the State or a government owned corporation, for the services of officers or employees of the department, authority or corporation to be made available to the authority.
(1)This section applies to an officer of the authority if—(a)the officer, or a person who, under the regulations, is related to the officer, has a direct or indirect financial interest in an issue being decided, or about to be decided by the authority (whether or not under a delegation from the authority); and(b)the interest could conflict with the proper performance of the officer’s duties about the decision.(2)As soon as practicable after the officer becomes aware of the facts causing this section to apply to the officer, the officer must disclose the nature of the interest to the authority.
(1)This section applies to a person who is a director or an officer of the authority.(2)A person to whom this section applies must at all times act honestly in the exercise of the person’s powers and the discharge of the person’s duties.Maximum penalty—200 penalty units.
A person must not disclose information obtained in the administration of this Act (or another Act giving functions to the authority) unless the disclosure is made—(a)with the agreement of the person from whom the information was obtained; or(b)for the administration of this Act (or another Act giving functions to the authority); or(c)in legal proceedings; or(d)under the Crime and Corruption Act 2001 or the Ombudsman Act 2001; or(e)with another lawful excuse.Maximum penalty—100 penalty units.
s 40 amd 2001 No. 69s 378sch 1; 2001 No. 73s 96sch 1; 2014 No. 21s 94(2)sch 2
41False or misleading information
(1)A person must not for the purposes of this Act, including for the purpose of an application for financial assistance under this Act—(a)state anything the person knows is false or misleading in a material particular; or(b)omit from a statement anything without which the statement is, to the person’s knowledge, misleading in a material particular.Maximum penalty—200 penalty units.
(2)It is enough for a complaint against a person for an offence against subsection (1)(a) or (b) to state that the statement made was false or misleading to the person’s knowledge.
42False or misleading documents
(1)A person must not, for the purposes of this Act, including for the purpose of an application for financial assistance under this Act, give to the authority a document containing information the person knows is false, misleading or incomplete in a material particular.Maximum penalty—200 penalty units.
(2)Subsection (1) does not apply to a person who, when giving the document—(a)informs the authority, to the best of the person’s ability, how it is false, misleading or incomplete; and(b)if the person has, or can reasonably obtain, the correct information—gives the correct information to the authority.(3)It is enough for a complaint against a person for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person’s knowledge.
43Calling up financial assistance obtained by false statement
(1)This section applies to financial assistance given under this Act to a person who—(a)in applying for the financial assistance contravened section 41 (False or misleading information) or 42 (False or misleading documents); and(b)would not otherwise have been given the financial assistance.(2)The authority may, by notice given to a person who has received financial assistance to which this section applies—(a)call up a loan or other amount given as the financial assistance; and(b)exercise the authority’s rights under a security for the loan or other amount.(3)If the authority calls up a loan or other amount under this section, the amount is payable from the day the notice is given, or from a later day stated in the notice.
The Governor in Council may make regulations under this Act.s 44 sub 2008 No. 22s 16
(1)The Minister must, within each period of 10 years after 1 July 2013, review this Act to decide whether its provisions remain appropriate.(2)The Minister must, as soon as practicable after finishing each review, table a report about the outcome of the review in the Legislative Assembly.s 45 prev s 45 exp 1 October 1995 (see s 45(2))
pres s 45 ins 2004 No. 28s 19
amd 2013 No. 41s 78
pt hdg amd 2004 No. 28s 20
div hdg om 2000 No. 46s 3 sch
This division applies to references in Acts in existence at its commencement.
A reference to any of the following Acts is taken to be a reference to this Act—•Agricultural Bank (Loans) Act 1959•Co-ordination of Rural Advances and Agricultural Bank Act 1938•Farmers’ Assistance (Debts Adjustment) Act 1967•Farm Water Supplies Assistance Act 1958•Primary Producers’ Assistance Act 1972.s 47 amd 1995 No. 57s 4sch 1
div hdg exp 1 October 2004 (see s 51(5))
s 51 amd 2000 No. 46s 3 sch
exp 1 October 2004 (see s 51(5))
pres pt 8 hdg ins 2004 No. 28s 21
The Queensland Rural Adjustment Authority established under this Act, as in force immediately before the commencement of this section, is continued in existence as QRAA.s 52 prev s 52 exp 1 October 1995 (see s 52(3))
pres s 52 ins 2004 No. 28s 21
53Transitional appointments of directors of board
(1)This section applies to a person holding appointment as a director immediately before the commencement of this section.(2)The term of appointment stated in the person’s instrument of appointment as a director continues to apply as if section 17 had not been amended by the Rural Adjustment Authority Amendment Act 2004.s 53 orig s 53 exp 1 April 1995 (see s 53)
prev s 53 ins 1995 No. 57s 4sch 1
exp 28 May 1996 (see s 53(4))
pres s 53 ins 2004 No. 28s 21
54Existing approved assistance schemes
(1)A transitional scheme is, for the transitional period for the scheme, taken to be an approved assistance scheme.(2)A transitional scheme may be read with the changes necessary to—(a)make it consistent with this Act; and(b)adapt its operation to the provisions of this Act.(3)In this section—transitional period, for a transitional scheme, means the period from the commencement of this section until—(a)2 years after the commencement; or(b)the transitional scheme is earlier approved under section 11(1)(c).transitional scheme means an approved assistance scheme in existence under this Act immediately before the commencement of this section.s 54 prev s 54 exp 1 April 1995 (see s 53)
pres s 54 ins 2004 No. 28s 21