Country Housing Act 1998 (WA)

Western Australia Country Housing Act 1998 Western Australia Country Housing Act 1998 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 Part 2 — Country Housing Authority Division 1 — Establishment and staff 4. Country Housing Authority 1 5. Membership of Authority 1 6. Remuneration 1 7. Staff and facilities 1 8. Protection from personal liability 1 9. Confidentiality 1 Division 2 — Functions 9A. Authority is an SES organisation 1 10. Objective of Authority 1 11. Functions and powers of Authority 1 12. Delegation 1 Division 3 — Relationship with the Minister 13. Minister may direct Authority 1 14. Minister to have access to information 1 Division 4 — Financial provisions 15. Funds of Authority 1 16. Borrowing from Treasurer 1 17. Other borrowing 1 18. Borrowing limits 1 19. Guarantee by Treasurer 1 20. Effect of guarantee 1 21. Distribution of surplus 1 22. Application of Financial Management Act 2006 and Auditor General Act 2006 1 Part 3 — Assistance by the Authority Division 1 — Assistance to farmers 23. Farmers may apply for financial assistance to erect dwellings etc. 1 24. Approving applications made under s. 23 1 25. Authority may assist successor in title 1 Division 2 — Assistance to retired farmers 26. Retired farmers may apply for financial assistance to buy land for dwellings etc. 1 27. Approving applications made under s. 26 1 Division 3 — Assistance to rural business and services Subdivision 1 — Assistance to rural employers 28. Rural employers may apply for financial assistance to buy land for dwellings etc. 1 Subdivision 2 — Assistance to rural local governments 29. Local governments may apply for financial assistance to assist businesses etc. 1 Part 4 — Assistance by way of indemnity 30. Approval of lenders 1 31. Cancelling approval of lenders 1 32. Advances by approved lenders, authorisation of and indemnity for 1 33. Advances made under s. 32 to be secured 1 34. Treasurer may indemnify approved lenders for authorised advances 1 35. Indemnity, effect of 1 36. Treasurer may delegate 1 37. Indemnified advances may be re‑financed 1 Part 5 — General 38. Applications for assistance, general provisions about 1 39. Terms of provision of assistance by Authority 1 40. Standard rate of interest, determination of 1 41. Guidelines by Minister for assistance 1 42. Ministerial approval required for assistance on terms outside s. 40 and 41 1 44. Authority to have access to certain documents etc. 1 45. Regulations 1 46. Review of Act 1 47. Repeal, savings and transitional provisions 1 Schedule 1 — Provisions applicable to the members of the Authority Division 1 — Provisions as to constitution and proceedings of Authority 1. Term of office 1 2. Termination of appointment 1 3. Temporary members 1 4. Meetings 1 5. Quorum 1 6. Voting 1 7. Resolution without meeting 1 8. Telephone or video meetings 1 9. Committees 1 Division 2 — Disclosure of interests etc. 10. Disclosure of interests 1 11. Voting by interested members 1 12. Clause 11 may be declared inapplicable 1 13. Quorum where cl. 11 applies 1 14. Minister may declare cl. 11 and 13 inapplicable 1 Schedule 2 — Repeal, savings and transitional provisions 1. Rural Housing (Assistance) Act 1976 repealed 1 2. Industrial and Commercial Employees' Housing Act 1973 repealed 1 3. Terms used 1 4. Assets, liabilities etc. of former authority etc. to vest in Authority 1 5. Beneficial interest in Keystart Trust 1 6. Industrial housing houses, management and disposal of 1 7. Agreements and instruments 1 8. Registration of documents 1 9. Funds 1 10. Saving status of certain institutions 1 11. Validation of certain acts 1 12. Guarantees and indemnities under repealed Act 1 13. Reference to "guarantee" 1 14. Annual report for part of a year 1 15. Powers in relation to transitional provisions 1 16. Exemption from State tax 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Country Housing Act 1998 An Act for the establishment of an authority to facilitate the provision of — * housing in rural areas for farmers, their employees and retired farmers; * adequate and suitable housing in rural areas for persons engaged in certain businesses and occupations; to repeal — * the Rural Housing (Assistance) Act 1976; and * the Industrial and Commercial Employees' Housing Act 1973; to make consequential amendments to certain other Acts 1, and to make related provisions. Part 1 — Preliminary 1. Short title This Act may be cited as the Country Housing Act 1998. 2. Commencement The provisions of this Act come into operation on such day as is fixed by proclamation. 3. Terms used In this Act, unless the contrary intention appears — Account means the Country Housing Account referred to in section 15(2); appointed member means a member referred to in section 5(1)(a) or (b); approved lender means a body or person approved by the Minister under section 30; Authority means the Country Housing Authority established by section 4; committee means a committee established under clause 9 of Schedule 1; family member in relation to a person means — (a) a child, step‑child or remoter lineal descendant of the person; or (b) the spouse or de facto partner of that person or of a person referred to in paragraph (a), or more than one of them; farmer means a person whose sole or principal activity is the carrying on of primary production on his, her or its holding; farming company means a corporation — (a) the shares in which are not quoted on a financial market; and (b) which has assets which include — (i) farming property; or (ii) a share in a corporation — (I) the shares in which are not quoted on a financial market; and (II) the assets of which include farming property; farming partnership means a partnership, the assets of which include farming property; farming property means — (a) land which is used solely or principally for the purpose of primary production; or (b) personal property which is used solely or principally in connection with the business of primary production; financial market has the same meaning as in Chapter 7 of the Corporations Act 2001 of the Commonwealth; holding means land — (a) held in fee simple; or (b) held on lease or otherwise under the Land Administration Act 1997; or (c) held under a perpetual lease granted for the purposes of the scheme as defined in section 4 of the War Service Land Settlement Scheme Act 1954; or (d) in relation to which an application to purchase the fee simple has been granted under section 89 of the Land Administration Act 1997; member means a member of the Authority; metropolitan region has the meaning given to that term in the Planning and Development Act 2005 section 4; primary production means agriculture, pastoral pursuits, grazing, dairy farming, bee‑keeping, orcharding, viticulture, silviculture or other similar farming activities; retired farmer means a natural person who has retired from his or her occupation as a farmer and transferred his or her — (a) total interest in farming property; or (b) total interest in farming partnerships; or (c) total shares in farming companies, to a family member of that person; rural employer means an employer who provides employment for any person (including the employer him or herself), outside the metropolitan region; town means land that is a townsite within the meaning of the Land Administration Act 1997. [Section 3 amended: No. 24 of 2000 s. 11; No. 21 of 2003 s. 9; No. 28 of 2003 s. 29; No. 38 of 2005 s. 15; No. 77 of 2006 Sch. 1 cl. 37(1).] Part 2 — Country Housing Authority Division 1 — Establishment and staff 4. Country Housing Authority (1) There is established an authority called the Country Housing Authority. (2) The Authority is a body corporate with perpetual succession and a common seal. (3) Proceedings may be taken by or against the Authority in its corporate name. (4) The Authority is an agent of the Crown in right of the State and enjoys the status, immunities and privileges of the Crown. 5. Membership of Authority (1) The Authority consists of — (a) 3 persons appointed by the Minister each of whom has, in the opinion of the Minister, knowledge of and experience in any of the fields of planning, housing, finance, farming, industry, commerce or in another field relevant to the functions of the Authority; and (b) a person appointed by the Minister from a list of 3 nominees submitted by the Western Australian Local Government Association referred to in section 9.58 of the Local Government Act 1995 (WALGA); and (c) an officer in the Treasury Department 2 of the Public Service of the State, from time to time nominated by the Treasurer; and (d) an officer of the Department principally assisting the Minister to whom the administration of the Technology and Industry Development Act 1983 3 is committed in the administration of that Act, from time to time nominated by the Minister responsible for that department. (2) When the submission of a list of nominees is required for the purposes of subsection (1)(b), that submission is to be made to the Minister in writing within such reasonable time after the receipt by WALGA of a notice from the Minister stating that the submission is required as is specified in that notice. (3) If a submission is not made under subsection (2) within the time specified in the notice the Minister may appoint such person as the Minister thinks fit to be a member of the Authority in place of the person referred to in subsection (1)(b). (4) The Minister is to appoint one of the appointed members to be chairperson and another of the appointed members to be deputy chairperson of the Authority. (5) Schedule 1 has effect. [Section 5 amended: No. 49 of 2004 s. 13.] 6. Remuneration An appointed member is entitled to such remuneration and travelling and other allowances as are determined in his or her case by the Minister on the recommendation of the Public Sector Commissioner. [Section 6 amended: No. 39 of 2010 s. 89.] 7. Staff and facilities (1) The Authority may by arrangement with the relevant employer make use, either full‑time or part‑time, of the services of any officer or employee — (a) in the Public Service; or (b) in a State agency or instrumentality; or (c) otherwise in the service of the Crown in right of the State. (2) The Authority may by arrangement with — (a) a department of the Public Service; or (b) a State agency or instrumentality, make use of any facilities of the department, agency or instrumentality. (3) An arrangement under subsection (1) or (2) is to be made on such terms as are agreed to by the parties. 8. Protection from personal liability (1) An action in tort does not lie against a person other than the Authority for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act. (2) The protection given by this section applies even though the thing done in the performance or purported performance of a function under this Act may have been capable of being done whether or not this Act had been enacted. (3) This section does not relieve the Authority of any liability that it might have for the doing of anything by a person against whom this section provides that an action does not lie. (4) In this section a reference to the doing of anything includes a reference to the omission to do anything. (5) This section has effect subject to the Statutory Corporations (Liability of Directors) Act 1996. 9. Confidentiality A person who is or has been a member or a person referred to in section 7 must not, directly or indirectly, record, disclose or make use of any information obtained in the course of duty except — (a) for the purpose of performing functions under this Act; or (b) as required or allowed by this Act or under another written law; or (c) with the written consent of the person to whom the information relates; or (d) in prescribed circumstances. Penalty: $2 500. Division 2 — Functions 9A. Authority is an SES organisation The Authority is to be an SES organisation under the Public Sector Management Act 1994. [Section 9A inserted: No. 28 of 2006 s. 291.] 10. Objective of Authority The Authority is to ensure that the resources of the Authority are managed to assist those persons for whom it considers housing finance options are otherwise limited. 11. Functions and powers of Authority (1) The functions of the Authority are — (a) in accordance with Parts 3 and 4, to facilitate the provision of housing outside the metropolitan region — (i) for farmers and their employees; and (ii) for retired farmers; and (iii) in connection with certain businesses and services; and (b) to assess the eligibility of persons to be assisted under this Act; and (c) to advance moneys for the purposes of and in accordance with this Act; and (d) to advise the Treasurer on the provision of indemnities by the Treasurer under Part 4. (2) The Authority may do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions. (3) Without limiting subsection (2) or the other powers conferred on the Authority by this Act or any other written law, the Authority may for the purpose of performing any function — (a) acquire, hold, manage, improve, develop and dispose of any real or personal property; and (b) buy, sell or otherwise deal in mortgages or other instruments evidencing indebtedness that are secured against land; and (c) enter into any contract or arrangement with an ADI (authorised deposit‑taking institution) as defined in section 5 of the Banking Act 1959 of the Commonwealth or other person whose ordinary business includes the provision of finance; and (d) appoint agents or engage under a contract for services or other arrangement such consultants and professional or technical or other assistance as it considers necessary to enable the Authority to perform its functions; and (e) accept any gift, devise or bequest if it is absolute, or subject to conditions which are within the functions of the Authority. [Section 11 amended: No. 26 of 1999 s. 69(2); No. 28 of 2006 s. 292.] 12. Delegation The Authority may, by instrument in writing, delegate to — (a) a member or members of the Authority; or (b) a person referred to in section 7; or (c) a committee, any of its functions, except this power of delegation. Division 3 — Relationship with the Minister 13. Minister may direct Authority (1) The Minister may give directions in writing to the Authority with respect to the performance of its functions, either generally or in relation to a particular matter, and the Authority is to give effect to any such direction. (2) The Minister must cause a copy of a direction under subsection (1) to be laid before each House of Parliament, or dealt with under subsection (3), within 14 days after the direction is given. (3) If — (a) at the commencement of the period referred to in subsection (2) a House of Parliament is not sitting; and (b) the Minister is of the opinion that that House will not sit during that period, the Minister is to transmit a copy of the direction to the Clerk of that House. (4) A copy of a direction transmitted to the Clerk of a House is to be taken to have been laid before that House. (5) The laying of a copy of a direction that is regarded as having occurred under subsection (4) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the Clerk received the copy. (6) The text of a direction under subsection (1) is to be included in the annual report submitted by the accountable authority of the Authority under Part 5 of the Financial Management Act 2006. [Section 13 amended: No. 28 of 2006 s. 293; No. 77 of 2006 Sch. 1 cl. 37(2).] 14. Minister to have access to information (1) The Minister is entitled — (a) to have information in the possession of the Authority; and (b) where the information is in or on a document, to have, and make and retain copies of that document. (2) For the purposes of subsection (1) the Minister may — (a) request the Authority to furnish information to the Minister; and (b) request the Authority to give the Minister access to information; and (c) for the purposes of paragraph (b) make use of a person referred to in section 7 to obtain the information and furnish it to the Minister. (3) The Authority is to comply with a request under subsection (2) and make its staff and facilities available to the Minister for the purposes of paragraph (c) of that subsection. (4) In this section — document includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise; information means information specified, or of a description specified, by the Minister that relates to the functions of the Authority. Division 4 — Financial provisions 15. Funds of Authority (1) The funds available for the purpose of enabling the Authority to perform its functions consist of — (a) moneys from time to time appropriated by Parliament; and (b) moneys received by way of repayment of, or interest paid on, moneys advanced by the Authority under this Act; and (c) moneys borrowed by the Authority under section 16 or 17; and (d) the proceeds of the disposition of land by the Authority; and (e) rents and other payments derived from land leased by the Authority to others; and (f) gifts and bequests; and (g) moneys from sinking fund investments made by the Authority; and (h) any other moneys lawfully received by, made available to or payable to the Authority. (2) An agency special purpose account called the Country Housing Account is established under section 16 of the Financial Management Act 2006 to which the funds referred to in subsection (1) are to be credited. (3) The Account is to be charged with — (a) the costs of the administration of this Act, including the establishment and administration of the Authority and any expense incidental to the administration of the Account; and (b) the payment of remuneration and allowances to appointed members; and (c) the payment of any moneys required to be paid under an agreement referred to in section 7(3); and (d) interest on, and repayments of, moneys borrowed by the Authority under section 16 or 17 and any fees payable in connection with any such borrowing; and (e) the payment of all moneys advanced under Part 3; and (f) the payment of all moneys necessary to meet the obligations of the Authority in respect of moneys borrowed by it; and (g) all other expenditure lawfully incurred under and for the purposes of this Act. [Section 15 amended: No. 28 of 2006 s. 294; No. 77 of 2006 Sch. 1 cl. 37(3) and (4).] 16. Borrowing from Treasurer The Authority may borrow from the Treasurer such amounts as the Treasurer approves on such terms and conditions relating to repayment and payment of interest as the Treasurer imposes. 17. Other borrowing (1) In addition to its powers under section 16, the Authority may with the prior written approval of the Treasurer and on such terms and conditions as the Treasurer approves, borrow money for the purpose of performing its functions. (2) Any moneys borrowed by the Authority under subsection (1) may be raised — (a) as one loan or as several loans; and (b) in such manner as the Treasurer approves. 18. Borrowing limits (1) The Treasurer may, by notice in writing to the Authority — (a) impose limits on the exercise of the power conferred by section 17(1); and (b) from time to time vary the limit in force. (2) The Authority is to comply with any limit for the time being in force but a liability of the Authority is not unenforceable or in any way affected by a failure of the Authority to do so. (3) A person dealing with the Authority is not bound or concerned to enquire whether the Authority has complied or is complying with this section. 19. Guarantee by Treasurer (1) The Treasurer may, in the name and on behalf of the Crown in right of the State, guarantee the payment of any moneys payable by the Authority in respect of moneys borrowed by it under section 17. (2) A guarantee is to be in such form and contain such terms and conditions as the Treasurer determines. (3) Before a guarantee is given, the Authority is to — (a) give to the Treasurer such security as the Treasurer requires; and (b) execute all instruments that are necessary for the purpose. 20. Effect of guarantee (1) The due payment of moneys payable by the Treasurer under a guarantee given under section 19 is guaranteed by the State. (2) Any such payment is to be made by the Treasurer and charged to the Consolidated Account, and this subsection appropriates that Account accordingly. (3) The Treasurer is to cause to be credited to the Consolidated Account any amounts received or recovered from the Authority or otherwise in respect of any payment made by the Treasurer under a guarantee given under section 19. [Section 20 amended: No. 77 of 2006 s. 4 and 5(1).] 21. Distribution of surplus (1) The Authority, as soon as is practicable after the end of each financial year, is to make a recommendation to the Minister as to the amount of the surplus (if any) that it recommends as being appropriate to be paid by the Authority to the Treasurer for that financial year. (2) The Minister, with the concurrence of the Treasurer, may fix the amount of any surplus to be paid by — (a) agreeing to an amount (if any) recommended under subsection (1); or (b) determining the amount that is to be paid. (3) The Authority is to pay any surplus so fixed to the Treasurer at such time or times as the Treasurer specifies. 22. Application of Financial Management Act 2006 and Auditor General Act 2006 The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of statutory authorities apply to and in respect of the Authority and its operations. [Section 22 amended: No. 77 of 2006 Sch. 1 cl. 37(5).] Part 3 — Assistance by the Authority Division 1 — Assistance to farmers 23. Farmers may apply for financial assistance to erect dwellings etc. A farmer who wishes to — (a) on the farmer's holding — (i) place or erect a dwelling; or (ii) effect additions or alterations to, or modernize, an existing dwelling, for use as a home by the farmer and the farmer's dependants (if any) or by an employee of the farmer and the employee's dependants (if any); or (b) in a town in the vicinity of the holding — (i) purchase land upon which a dwelling is erected; or (ii) purchase land and place or erect a dwelling on it; or (iii) place or erect a dwelling on land owned by the farmer, for use as a home by an employee of the farmer and the employee's dependants (if any), may apply to the Authority for financial assistance for that purpose. 24. Approving applications made under s. 23 (1) The Authority may approve an application under section 23 on such terms and conditions as it thinks fit or may refuse the application. (2) The Authority is not to approve an application under section 23 where the applicant is a body corporate, unless the Authority is satisfied that — (a) the shares in the body corporate are not quoted on a financial market; and (b) the farming operations carried on by the applicant on the holding concerned are solely or principally performed for or on behalf of the applicant by one or more natural persons holding shares in the share capital of the applicant; and (c) where the application is made under section 23(a), the dwelling in respect of which the financial assistance is required is intended to be used as a home by the person or persons referred to in paragraph (b) and their dependants (if any). [Section 24 amended: No. 21 of 2003 s. 10.] 25. Authority may assist successor in title (1) This section applies where a farmer to whom financial assistance is being provided under this Act transfers or otherwise disposes of his or her holding to another person, or proposes to do so. (2) The Authority may approve of an application for financial assistance by a person who becomes or proposes to become the successor in title of the farmer in respect of any moneys that then remain owing by the farmer under a security taken or effected for the purposes of this Act. (3) Sections 23, 24 and 32, with such modifications as are necessary, apply to and in relation to an application under subsection (1). Division 2 — Assistance to retired farmers 26. Retired farmers may apply for financial assistance to buy land for dwellings etc. (1) A retired farmer who wishes to, in a town outside the metropolitan region — (a) purchase land upon which a dwelling is erected; or (b) purchase land and place or erect a dwelling on it; or (c) place or erect a dwelling on land owned by the retired farmer, may apply to the Authority for financial assistance for that purpose. (2) An application for financial assistance under this section cannot be made more than 12 months after the applicant became a retired farmer. 27. Approving applications made under s. 26 (1) The Authority may approve an application under section 26 on such terms and conditions as it thinks fit or may refuse the application. (2) The Authority is not to approve an application under section 26 for financial assistance by a retired farmer unless it is satisfied that the dwelling in respect of which the financial assistance is required is intended to be used as a home for the retired farmer and his or her dependants (if any). Division 3 — Assistance to rural business and services Subdivision 1 — Assistance to rural employers 28. Rural employers may apply for financial assistance to buy land for dwellings etc. (1) A rural employer who wishes to — (a) purchase land upon which a dwelling is erected; or (b) purchase land and erect a dwelling; or (c) place or erect a dwelling on land owned by the rural employer, outside the metropolitan region may apply to the Authority for financial assistance for that purpose. (2) The Authority may approve an application under this section on such terms and conditions as it thinks fit or may refuse the application. Subdivision 2 — Assistance to rural local governments 29. Local governments may apply for financial assistance to assist businesses etc. (1) A local government of a district that is outside the metropolitan region which wishes to erect a dwelling or dwellings within its district — (a) to assist a business carried on or proposed to be carried on within its district; or (b) to provide housing for Government employees, local government employees, or other persons providing services within its district, may apply to the Authority for financial assistance for that purpose. (2) The Authority may, with the approval of the Minister, approve an application under this section on such terms and conditions as it thinks fit or may refuse the application. Part 4 — Assistance by way of indemnity 30. Approval of lenders (1) Any body corporate or natural person may apply in writing to the Minister to be an approved lender. (2) The Minister may approve the application on such terms and conditions as the Minister thinks fit or may refuse the application. 31. Cancelling approval of lenders (1) If it appears to the Minister that an approved lender has ceased to be suitable to continue to be an approved lender, the Minister may, by notice in writing served on the approved lender, cancel the approval. (2) Where a notice is served under subsection (1) — (a) any indemnity given under section 32(3) to the lender does not apply to or in respect of the repayment of any advance made by the lender after service of the notice or interest on any such advance; and (b) the lender is not to, because of the service of the notice of cancellation, call up or take any action to enforce repayment or accelerated repayment of any advance to which section 32 applies or interest on the advance made by the lender before the notice was served, other than in accordance with the terms of a loan agreement as in force immediately before service of the notice. (3) Subsection (2) does not affect the operation of any indemnity given under section 34(1) by the Treasurer to the approved lender before the service of the notice. 32. Advances by approved lenders, authorisation of and indemnity for (1) An approved lender may inform the Authority that the lender is prepared to make an advance to a farmer, retired farmer or rural employer on condition that the advance will be indemnified by the State. (2) Where it is so informed the Authority may, with the approval of the Treasurer, authorise the approved lender to make the advance. (3) If the advance is made the approved lender is to be indemnified, in accordance with section 34, against any loss incurred by the approved lender in respect of the advance. 33. Advances made under s. 32 to be secured Where an approved lender makes an advance under section 32 — (a) the approved lender is to secure the due repayment of the moneys so advanced, together with interest due on the moneys, by taking or effecting such security as is agreed by the Authority and the approved lender to be the most appropriate in the circumstances; and (b) the farmer, retired farmer or rural employer is to execute all such instruments as are necessary for the purpose. 34. Treasurer may indemnify approved lenders for authorised advances (1) The Treasurer may on behalf of the Crown in right of the State execute an instrument indemnifying an approved lender against any loss incurred by the lender in respect of any advance made in accordance with section 32. (2) The instrument is to contain such terms and conditions as, subject to this section, are agreed between the Authority and the approved lender and approved by the Treasurer. (3) The Treasurer may from time to time by order published in the Gazette fix — (a) the maximum amount of an advance which may be indemnified by the Treasurer under this section; and (b) the maximum amount in respect of which the Treasurer may give an indemnity under this section during any period specified in the order. 35. Indemnity, effect of (1) The due payment of moneys payable by the Treasurer under an indemnity given or entered into under section 34 is guaranteed by the State. (2) Any such payment is to be made by the Treasurer and charged to the Consolidated Account, and this subsection appropriates that Account accordingly. (3) The Treasurer is to cause to be credited to the Consolidated Account any amounts received or recovered from the Authority or otherwise in respect of any payment made by the Treasurer under a guarantee under this section. [Section 35 amended: No. 77 of 2006 s. 4 and 5(1).] 36. Treasurer may delegate (1) The Treasurer may, either generally or as otherwise provided in the instrument of delegation, by instrument signed by him, delegate to the Minister — (a) the power of approval conferred on the Treasurer by section 32(2); and (b) the power to execute an instrument indemnifying an approved lender under section 34. (2) Where the Treasurer delegates under subsection (1) — (a) the Minister may exercise the powers in the same manner and to the same effect as if the powers were directly conferred on the Minister and not by the instrument of delegation; and (b) anything done by the Minister under the instrument of delegation is presumed to be in accordance with the terms of the delegation in the absence of proof to the contrary. 37. Indemnified advances may be re‑financed (1) Where — (a) under section 34 the Treasurer has indemnified an approved lender against any loss incurred in respect of an advance made by the lender to a farmer, a retired farmer or a rural employer; and (b) the Treasurer may be required to pay any money under the indemnity, the Authority may repay to the approved lender the amount of the advance and any interest due. (2) The amount so paid by the Authority is to be treated as financial assistance by the Authority to the farmer under section 24, the retired farmer under section 27 or the rural employer under section 28, as the case requires. (3) Before making a payment to an approved lender under subsection (1) the Authority is to enter into an agreement with the farmer, the retired farmer or the rural employer, as the case requires, securing the due repayment to it of the amount to be so paid by the Authority together with interest by taking or effecting such security as in the opinion of the Authority is most appropriate in the circumstances. Part 5 — General 38. Applications for assistance, general provisions about (1) An application for financial assistance under