Document ID: chunk:federal_register_of_legislation:C2022C00163:section:9
Version: federal_register_of_legislation:C2022C00163
Segment Type: section
Provision Reference: s 9
Character Range: 22568–23908

9  Qualification of farmers' partners for farm household allowance
  A person is qualified for farm household allowance for a period if throughout the period:
 (a) the person is not qualified for farm household allowance under section 8; and
 (b) the person is a member of a couple; and
 (c) the person's partner is a farmer; and
 (d) the farmer contributes a significant part of his or her labour and capital to a farm enterprise; and
 (e) the farm enterprise has a significant commercial purpose or character; and
 (f) the land that is used for the purposes of the farm enterprise is in Australia; and
 (g) the farmer resides in Australia; and
 (h) the person is an Australian resident, and is in Australia; and
 (i) either:
 (i) the person has indicated, in writing, that the person is willing to enter into, and comply with, a financial improvement agreement; or
 (ii) a financial improvement agreement is in force in relation to the person; and
 (j) the person meets the 4 years or less requirement.
Note 1: For paragraph (d), see section 11 if a person is exempt from the activity test under section 31 (temporary incapacity).
Note 2: Paragraph (h) is subject to Division 7 (overseas portability).
Note 3: This section is subject to sections 10 (grace period for farmers' partners) and 12 (no effective control of farm enterprises).