Rural and Regional Adjustment Regulation 2011

1Short title

This regulation may be cited as the Rural and Regional Adjustment Regulation 2011.

2Definition

In this regulation—

repealed regulation means the repealed Rural and Regional Adjustment Regulation 2000.

3Approval of schemes—Act, s 11

(1)Each scheme set out in each of schedules 1 to 11, 20, 21, 23 and 25 to 35 is approved under section 11(1)(c) of the Act.

(2)Each scheme mentioned in schedule 16 is approved under section 11(4) of the Act.

s 3 amd 2011 SL No. 192 s 3; 2012 SL No. 44 s 3; 2012 SL No. 51 s 3; 2012 SL No. 85 s 4; 2012 SL No. 176 s 3; 2012 SL No. 195 s 3; 2013 SL No. 19 s 3; 2013 SL No. 26 s 3; 2013 SL No. 81 s 3; 2013 SL No. 194 s 3; 2014 SL No. 51 s 3; 2014 SL No. 169 s 3; 2014 SL No. 180 s 3; 2015 SL No. 125 s 9; 2015 SL No. 148 s 6; 2016 SL No. 125 s 4; 2017 SL No. 37 s 3; 2017 SL No. 123 s 3; 2018 SL No. 54 s 4; 2018 SL No. 130 s 3; 2018 SL No. 131 s 4; 2018 SL No. 145 s 3; 2018 SL No. 189 s 3; 2019 SL No. 2 s 3

4Repeal of regulation

The Rural and Regional Adjustment Regulation 2000, SL No. 124 is repealed.

div hdg ins 2013 SL No. 19 s 4

5Saving of operation of particular schemes and other provisions under repealed regulation

(1)This section applies to the following provisions (each a saved provision) of the repealed regulation—

(a)part 5, divisions 2, 3 and 4;

(b)the schedule, parts 1, 2, 6, 9, 10, 13 to 17 and 19 to 27.

(2)Each saved provision—

(a)is a law to which the Acts Interpretation Act 1954, section 20A applies; and

(b)continues to apply to the things mentioned in it as if the repealed regulation had not been repealed.

6Continuation of particular schemes for particular purposes

(1)This section applies if—

(a)before the commencement, a person applied for assistance under an approved assistance scheme under any of parts 3, 4, 5, 7, 8, 11, 12, 18 or 28 to 34 of the schedule of the repealed regulation; and

(b)immediately before the commencement, any of the following applied—

(i)the application had not been decided;

(ii)the authority had approved assistance for the person under the scheme and the person had not been given all of the assistance;

(iii)the scheme had otherwise not been fully administered in relation to the person.

(2)The scheme, as in force immediately before the commencement, continues to apply in relation to deciding the application, giving the assistance or otherwise administering the scheme, as if the repealed regulation had not been repealed.

(3)In this section—

commencement means commencement of this section.

s 6 amd 2011 SL No. 192 s 4

div 2 (s 7) ins 2013 SL No. 19 s 5

7References to eligible natural disaster

In a document, a reference to an eligible natural disaster may, if the context permits, be taken to be a reference to an eligible disaster.

div 2 (s 7) ins 2013 SL No. 19 s 5

div 3 (s 8) ins 2014 SL No. 51 s 4

8Saving of operation of particular schedules

Schedules 12 and 24, as in force immediately before the commencement of this section, are declared to be laws to which the Acts Interpretation Act 1954, section 20A applies.

div 3 (s 8) ins 2014 SL No. 51 s 4

div 4 (s 9) ins 2014 SL No. 92 s 4

9Saving of operation of provision of sch 1 for particular purpose

(1)This section applies to an application for assistance under the scheme mentioned in schedule 1 if—

(a)the application was made before the commencement; and

(b)immediately before the commencement, the application had not been decided.

(2)Section 10 of the schedule, as in force immediately before the commencement, continues to apply for deciding the application.

(3)In this section—

commencement means commencement of this section.

div 4 (s 9) ins 2014 SL No. 92 s 4

div 5 (s 10) ins 2015 SL No. 74 s 3

10Special provision for TC Marcia

(1)Existing schedule 23 continues to apply to administering the special disaster assistance scheme in relation to TC Marcia as if the schedule had not been amended.

(2)To remove any doubt, it is declared that subsection (1) applies even if an assistance establishment notice or an amendment of an assistance establishment notice under existing schedule 23, section 6, for TC Marcia, is published on the authority’s website on or after the commencement.

(3)In this section—

eligible disaster means an eligible disaster under schedule 23, section 4 as in force before the commencement.

existing, for schedule 23 or a provision of schedule 23, means the schedule or provision as in force immediately before the commencement.

special disaster assistance scheme means the scheme under existing schedule 23.

TC Marcia means the eligible disaster described as ‘Severe Tropical Cyclone Marcia and South East QLD trough’ in the assistance establishment notice published on the authority’s website on 23 March 2015.

div 5 (s 10) ins 2015 SL No. 74 s 3

div hdg ins 2017 SL No. 123 s 4

11Change of interest rate

The amendment of schedule 1, section 6(8), definition base lending rate by the Rural and Regional Adjustment (White Spot Disease Concessional Loan Scheme) Amendment Regulation 2017 applies in relation to loans drawn down before or after the commencement.

s 11 ins 2017 SL No. 123 s 4

div hdg ins 2018 SL No. 172 s 3

12References to former names of approved assistance schemes

A reference in a document to the name of an approved assistance scheme (the former name) stated in column 1 of the following table may, if the context permits, be taken to be a reference to the name of the scheme stated opposite the former name in column 2 of the table.

Column 1	Column 2
Natural Disaster Relief (Primary Producers) Scheme	Disaster Assistance (Primary Producers) Loan Scheme
Natural Disaster Relief (Small Business) Scheme	Disaster Assistance (Small Business) Loans Scheme
Natural Disaster Relief (Essential Working Capital) Scheme	Disaster Assistance (Essential Working Capital) Loans Scheme
Natural Disaster Relief (Non-profit Organisations) Scheme	Disaster Assistance (Non-profit Organisations) Loans Scheme
Natural Disaster Recovery Grants Scheme	Special Disaster Assistance Recovery Grants Scheme

s 12 ins 2018 SL No. 172 s 3

13Undecided applications for assistance under particular schemes

(1)This section applies if—

(a)before the commencement, an application for assistance was made under any of the following provisions—

(i)schedule 2, section 12;

(ii)schedule 3, section 10;

(iii)schedule 21, section 12;

(iv)schedule 23, section 23; and

(b)immediately before the commencement, the application had not been decided.

(2)The following provisions, as in force immediately before the commencement, continue to apply for deciding the application as if the Rural and Regional Adjustment (Disaster Assistance Schemes) Amendment Regulation 2018 had not commenced—

(a)for an application under schedule 2, section 12—schedule 2;

(b)for an application under schedule 3, section 10—schedule 3;

(c)for an application under schedule 21, section 12—schedule 21;

(d)for an application under schedule 23, section 23—schedule 23.

s 13 ins 2018 SL No. 172 s 3

14Loan terms and repayments under particular schemes

(1)This section applies if—

(a)before the commencement, an applicant had been given a loan under any of the following provisions—

(i)schedule 2, section 5;

(ii)schedule 3, section 5;

(iii)schedule 7, section 6;

(iv)schedule 21, section 5; and

(b)immediately before the commencement, the loan had not been repaid.

(2)The following provisions, as in force immediately before the commencement, continue to apply in relation to the loan as if the Rural and Regional Adjustment (Disaster Assistance Schemes) Amendment Regulation 2018 had not commenced—

(a)for a loan under schedule 2, section 5—schedule 2, section 10(5);

(b)for a loan under schedule 3, section 5—schedule 3, section 9(6);

(c)for a loan under schedule 7, section 6—schedule 7, section 10(2) and (3);

(d)for a loan under schedule 21, section 5—schedule 21, section 10(2) and (3).

(3)Schedule 21, section 10(3) does not apply in relation to a loan under schedule 21, section 5 mentioned in subsection (1).

(4)To remove any doubt, it is declared that subsection (3) does not prevent the authority increasing the interest rate charged for the loan in accordance with an agreement for the loan entered into before the commencement.

s 14 ins 2018 SL No. 172 s 3

section 3(1)

sch hdg amd 2011 SL No. 192 s 5

1Objective of scheme

The objective of the scheme is to provide assistance that will—

(a)strengthen the economy of Queensland regions; and

(b)facilitate the development of sustainable primary production in Queensland.

2Application of scheme

(1)The scheme consists of the following programs—

(a)the first start program;

(b)the sustainability program.

(2)An applicant may apply for assistance under more than 1 program.

3Definitions for sch 1

In this schedule—

approved application form, for a program under the scheme, means the application form approved by the authority for the program.

commercial wild-catch fishing means the fishing and harvesting for commercial purposes of marine and freshwater species from a wild population that are caught in their natural environment.

eligible activities means the eligible activities decided under section 5.

first start program means the part of the scheme set out in parts 2 and 3.

management plan, of an applicant applying for assistance under the scheme, means a plan that—

(a)includes details of the activity for which the applicant is applying for assistance; and

(b)adopts a timely whole of business approach to sustainable primary production and includes components of sustainable management relevant to—

(i)viability; and

(ii)productivity; and

(iii)managing the impacts of the activity on the natural resource base where the activity is to be carried out and other ecosystems affected by the activity; and

(iv)managing business and climate risks; and

(c)if the assistance is for on-farm activities—identifies and states the area of land affected by the application; and

(d)complies with the guidelines for management plans under the scheme that are issued by the authority.

Editor’s note—

A copy of the guidelines for management plans under the scheme may be obtained from the authority.

mutual obligation condition see section 11(1).

primary producer means—

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or

(b)in relation to a partnership, proprietary company or trust that carries on a primary production enterprise, any partner in the partnership, shareholder in the company or beneficiary of the trust who spends the majority of their labour on, and derives the majority of their income from, the primary production enterprise.

def primary producer amd 2016 SL No. 183 s 3 (2)

primary production enterprise means a business—

(a)that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and

(b)for which an entity holds an Australian Business Number.

proprietary company means a proprietary company within the meaning of the Corporations Act.

def proprietary company ins 2016 SL No. 183 s 3 (1)

scheme means the scheme set out in this schedule.

sharefisher means a person who—

(a)works in a business in the commercial wild-catch fishing industry; and

(b)shares the proceeds of the business with the owner of the business.

sustainability program means the part of the scheme set out in parts 2 and 4.

4Nature of assistance

The nature of the assistance that may be given under the scheme is loans at concessional rates of interest to applicants who—

(a)are carrying out eligible activities; and

(b)under section 14 or 18, are eligible to receive assistance under the scheme.

5Eligible activities

(1)The chief executive must—

(a)decide the activities that are eligible activities for each program under the scheme; and

(b)notify the authority about the decision made under paragraph (a).

(2)When deciding whether an activity is an eligible activity for a program, the chief executive must consult with relevant public sector entities.

6Interest rate

(1)The initial interest rate under the scheme for a loan to an applicant will be worked out when the applicant first draws down the loan or part of the loan.

(2)The initial interest rate for the loan—

(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the applicant first draws down the loan or part of the loan; and

(b)is worked out by the authority based on the base lending rate when the interest rate is fixed.

(3)At any time during the term of the loan after any period decided under subsection (2)(a), the authority may agree to fix the interest rate for periods of 1, 3 or 5 years.

(4)The interest rate fixed for the loan under subsection (3) is worked out by the authority based on the base lending rate when the interest rate is fixed.

(5)The authority may, during the term of the loan, increase the interest rate from the interest rate mentioned in subsection (2) or (3) to a commercial rate.

(6)If, under subsection (5), the authority decides to increase the interest rate because the applicant’s financial capacity improves during the term of the loan, the authority may decide the extent to which the interest rate for the loan is to increase—

(a)in an annual review of the loan; and

(b)based on the improvement.

(7)The authority may decide the extent to which the interest rate is to increase under subsection (6) more than once in relation to the applicant.

(8)In this section—

base lending rate means the 1, 3 or 5 year lending rate, as appropriate, of the Queensland Treasury Corporation, plus a margin decided by the authority and approved by the Minister.

s 6 amd 2016 SL No. 183 s 4; 2017 SL No. 123 s 5

7Terms of repayment

(1)Repayment of principal and interest on a loan granted to an applicant under the scheme will be—

(a)initially calculated using a period of up to the maximum term of the loan; and

(b)tailored to the applicant’s individual requirements based on the applicant’s income patterns.

(2)The authority may give the applicant an interest only period of not more than 5 years.

(3)The loan will have an interest rate fixed under section 6.

s 7 amd 2016 SL No. 183 s 5

8Security

If an applicant is given a loan under the scheme, the applicant must give security for the loan that the authority is satisfied is commensurate with the amount of the loan.

s 8 sub 2016 SL No. 183 s 6

9Applications

An application for assistance under the scheme must be—

(a)made on the approved application form for the program under which the applicant is applying; and

(b)accompanied by the documents stated on the approved application form; and

(c)given to the authority.

10Deciding applications

(1)Subject to subsection (2), the authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.

(2)The authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.

s 10 sub 2014 SL No. 92 s 5

11Mutual obligation condition of loan—reporting outcomes

(1)It is a condition (mutual obligation condition) of a loan under the scheme that the applicant for the loan give the authority reports on the outcomes achieved with the funds loaned to the applicant.

(2)The reports must be given to the authority in the form, and at the intervals, stated in the written offer of a loan given to the applicant by the authority.

11AApplication to consolidate loans

(1)This section applies if—

(a)a person has at least 1 loan under a program under the scheme and has applied for another loan under the same program; or

(b)a person has 2 or more loans under the same program.

(2)The person may apply to consolidate the loans into a single loan.

(3)The application must be—

(a)in the approved application form; and

(b)accompanied by the documents stated on the approved application form; and

(c)given to the authority.

s 11A ins 2016 SL No. 183 s 7

11BApproving application to consolidate loans

(1)The authority must consider, and decide to approve or refuse to approve, an application to consolidate loans made under section 11A.

(2)If the authority approves the consolidation of the loans, the term of, and the initial interest rate for, the consolidated loan is the term and rate decided by the authority.

(3)The initial interest rate for the consolidated loan—

(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the loan is consolidated; and

(b)is worked out by the authority based on the base lending rate when the applicant applies to consolidate the loan.

(4)In this section—

base lending rate see section 6(8).

s 11B ins 2016 SL No. 183 s 7

12Purpose of assistance under first start program

(1)The first start program is designed to provide finance to an applicant in the first years of establishment of the applicant’s primary production enterprise.

(2)The purpose of assistance under the first start program is to enable an applicant to become a primary producer by assisting the applicant—

(a)to acquire and operate a viable primary production enterprise; or

(b)to acquire and operate a primary production enterprise on a staged basis, as part of a longer term plan for the applicant to operate a viable primary production enterprise; or

(c)to enter the existing primary production enterprise of the applicant’s parents or other family member, as a part of a longer term plan for the applicant to operate a viable primary production enterprise in the applicant’s own right; or

(d)to enter into a leasing, sharefarming or sharefishing arrangement that will lead to the applicant operating a viable primary production enterprise; or

(e)to upgrade, build up or develop the applicant’s existing non-viable primary production enterprise that has not generated the majority of the applicant’s income to one of an economically sustainable size.

13Maximum loan amounts

The maximum amount of a loan, or the total outstanding loan balance, under the first start program is $2,000,000.

s 13 amd 2016 SL No. 183 s 8

14Eligibility criteria

(1)For an applicant to be eligible to receive assistance under the first start program, the applicant must—

(a)have resided in Queensland for at least 6 months; and

(b)not own, or have disposed of, a viable primary production enterprise; and

(c)demonstrate financial need for the assistance; and

(d)if the loan is to enter the existing primary production enterprise or buy the applicant’s parents’ or other family member’s assets, be able to demonstrate—

(i)the parents or family member is not in a financial position to completely effect a transfer of the assets; and

(ii)the purchase is not merely a refinance arrangement; and

(e)demonstrate adequate experience or other qualifications to give the applicant a reasonable prospect of success in the particular industry the applicant wishes to enter; and

(f)be able to demonstrate—

(i)for buying a primary production enterprise—the applicant will have 50% equity in the enterprise; or

(ii)for a leasing, sharefarming or sharefishing arrangement—the applicant will pay 50% of the set-up costs of the enterprise; and

(g)demonstrate adequate funding for carry-on purposes; and

(h)demonstrate sound prospects for commercial viability in the long-term development of the primary production enterprise, in accordance with the planned progression, and the capacity to service proposed debt from the enterprise and other forms of income; and

(i)trade in the applicant’s own right or satisfy the authority that the applicant’s entry into the existing primary production enterprise of the applicant’s parents or other family member is part of a longer term plan to ultimately trade in the applicant’s own right; and

(j)give the authority a management plan that shows the stages of a planned progression towards a viable first primary production enterprise.

(2)However, for subsection (1)(f), the authority may, in relevant circumstances, vary the amount of equity in the enterprise that the applicant is required to demonstrate.

Example of relevant circumstances—

An applicant has limited equity in the primary production enterprise but has a stable wage, salary or other off-farm income.

s 14 amd 2016 SL No. 183 s 9

15Maximum term of loan

The maximum term of a loan is 20 years.

16Purpose of assistance under sustainability program

The purpose of assistance under the sustainability program is to enable a primary producer to implement systems and management practices that enhance the sustainability of the primary producer’s primary production enterprise by—

(a)increasing productivity and long-term viability; and

(b)avoiding or minimising adverse impacts on—

(i)the natural resource base where the activity for which the assistance is received is performed; and

(ii)other ecosystems affected by the activity; and

(c)adopting systems and practices to mitigate the effects of climate, drought and market risks.

s 16 amd 2016 SL No. 183 s 10

17Maximum loan amounts and outstanding loan balances

(1)The maximum amount of a loan under the sustainability program is $1,300,000.

(2)The maximum combined outstanding loan balance under the sustainability program and any of the following is $1,300,000—

(a)the former development program;

(b)the former resource management program;

(c)the former development program and former resource management program.

(5)In this section—

former development program means the development program in force under the repealed regulation, schedule, part 3, divisions 2 and 4 immediately before 10 December 2010.

former resource management program means the resource management program in force under the repealed regulation, schedule, part 3, divisions 2 and 5 immediately before 10 December 2010.

s 17 amd 2016 SL No. 183 s 11

18Eligibility criteria

(1)To be eligible to receive assistance under the sustainability program, the applicant must—

(a)demonstrate to the satisfaction of the authority—

(i)that the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and

(ii)that an interested person for the primary production enterprise is a primary producer; and

(iii)the primary production enterprise has been carried on for at least 2 years; and

(iv)sound prospects for commercial viability, and the ability to service the loan, in the long term; and

(v)that the amount of the primary production enterprise’s non-enterprise or liquid assets is not more than the amount needed for prudent risk management; and

(vi)if the assistance is sought to rationalise a partnership—that the proposal for the rationalisation is not merely a refinance arrangement; and

(vii)if the assistance is sought to upgrade, buy or replace plant or machinery—the plant or machinery will be used predominantly for the enterprise; and

(b)demonstrate a financial need for the assistance; and

(c)give the authority a management plan that outlines the intended outcomes associated with the activity for which the applicant is applying for assistance; and

(d)if the assistance is sought for on-farm activities for which a licence, permit, approval or other authorisation under an Act is required before the activity can be conducted—give the authority a copy of the authorisation.

(2)In this section—

interested person, for a primary production enterprise, means—

(a)if the enterprise is carried on by a sole trader—the sole trader; or

(b)if the enterprise is carried on by a partnership, proprietary company or trust—a partner in the partnership, a shareholder in the company or a beneficiary of the trust.

s 18 amd 2016 SL No. 183 s 12

19Maximum term of loan

The maximum term of a loan is 20 years.

s 19 sub 2016 SL No. 183 s 13

section 3(1)

sch hdg amd 2011 SL No. 192 s 5; 2018 SL No. 172 s 4

1Definitions for sch 2

In this schedule—

applicant means a person applying for financial assistance under the scheme.

application means an application for financial assistance under the scheme.

appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003.

carry-on requirements see section 5(b).

defined disaster area, for an eligible disaster, means an area that the appropriate Minister has defined for the purpose of activating the disaster recovery funding arrangements for the communities affected by the disaster.

Editor’s note—

Defined disaster areas are published on the authority’s website.

def defined disaster area amd 2013 SL No. 19 s 6; 2018 SL No. 172 s 5 (3)

development see the Planning Act 2016, schedule 2.

def development sub 2017 SL No. 103 s 113

disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.

Editor’s note—

The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.

def disaster recovery funding arrangements ins 2018 SL No. 172 s 5 (2)

eligible disaster means—

(a)a natural disaster; or

(b)a terrorist act.

def eligible disaster (prev def eligible natural disaster) amd 2013 SL No. 19 s 6

sub 2018 SL No. 172 s 5 (1)–(2)

IDSP certificate, in relation to an applicant’s primary production enterprise, means a certificate issued by the chief executive stating—

(a)for an enterprise involving commercial wild-catch fishing—that in the chief executive’s opinion, a boat or equipment used to carry on the enterprise has been lost or damaged because of an eligible disaster that has significantly affected, or will significantly affect, the enterprise; or

(b)otherwise—the property where the enterprise is carried on has sustained damage because of an eligible disaster that has significantly affected, or will significantly affect, the enterprise.

def IDSP certificate amd 2013 SL No. 19 s 6

individual disaster stricken enterprise see section 3.

natural disaster see section 2.

def natural disaster ins 2018 SL No. 172 s 5 (2)

natural disaster relief and recovery arrangements ...

def natural disaster relief and recovery arrangements om 2018 SL No. 172 s 5 (1)

primary producer means—

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or

(b)in relation to a partnership, company or trust that carries on a primary production enterprise, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the primary production enterprise.

primary production enterprise means a business—

(a)that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and

(b)for which an entity holds an Australian Business Number.

property, of an applicant—

(a)means the land on which the applicant carries on a primary production enterprise (other than commercial wild-catch fishing) in relation to which the applicant has applied for assistance under the scheme; and

(b)includes the assets of the primary production enterprise on the land.

def property sub 2018 SL No. 172 s 5 (1)–(2)

scheme means the scheme set out in this schedule.

terrorist act see the Police Powers and Responsibilities Act 2000, section 211.

def terrorist act ins 2018 SL No. 172 s 5 (2)

2Meaning of natural disaster

(1)A natural disaster means any of the following events—

(a)a bushfire;

(b)a cyclone;

(c)a flood;

(d)an earthquake;

(e)a storm, including any of, or any combination of, the following—

(i)hail;

(ii)rain;

(iii)wind;

(f)a storm surge;

(g)a landslide;

(h)a meteorite strike;

(i)a tornado;

(j)a tsunami.

(2)However, an event, other than an event mentioned in subsection (1)(a), is not a natural disaster if the authority considers human activity significantly contributed to the event or loss or damage suffered because of the event.

Examples of human activity for subsection (2)—

•a deliberate act

•an accident

•development

s 2 amd 2012 SL No. 176 s 4; 2013 SL No. 19 ss 6, 7; 2018 SL No. 172 s 6

3Meaning of individual disaster stricken enterprise

(1)A primary production enterprise involving commercial wild-catch fishing is an individual disaster stricken enterprise if—

(a)the enterprise has been, or will be, significantly affected by the loss of, or damage to, a boat or equipment used in carrying on the enterprise because of an eligible disaster; and

(b)either—

(i)there is no defined disaster area for the disaster; or

(ii)there is a defined disaster area for the disaster and the boat or equipment was not in the area when the disaster happened.

(2)Another primary production enterprise is an individual disaster stricken enterprise if—

(a)the enterprise has been, or will be, significantly affected by damage to the property where the enterprise is carried on because of an eligible disaster; and

(b)either—

(i)there is no defined disaster area for the disaster; or

(ii)there is a defined disaster area for the disaster and the property is not in the area.

s 3 amd 2013 SL No. 19 s 6

4Purpose of assistance

(1)The purpose of assistance under the scheme is to assist in meeting the needs of primary producers affected by an eligible disaster of substantial magnitude, to recover from the disaster.

(2)However, assistance under the scheme is not intended to—

(a)compensate primary producers for losses suffered; or

(b)encourage primary producers in marginal production areas to increase risks in their farming operations.

s 4 amd 2013 SL No. 19 s 6

5Nature of assistance

The nature of the assistance that may be given under the scheme is the provision of loans for—

(a)restocking; or

(b)meeting requirements for carrying on production (carry-on requirements), including—

(i)replanting, restoring or re-establishing areas affected by an eligible disaster; or

(ii)sustenance; or

(iii)essential property operations; or

(iv)paying rent or rates, or costs of repair or replacement of farm buildings.

s 5 amd 2013 SL No. 19 s 6

6Maximum loan amounts

(1)Subject to subsection (2), the maximum amount of a loan under the scheme for an eligible disaster for which the disaster recovery funding arrangements were activated before 13 January 2008 is—

(a)$100,000 for restocking; or

(b)$100,000 for meeting carry-on requirements.

(2)The total amount lent to an applicant under the scheme for an eligible disaster mentioned in subsection (1) must not be more than $150,000.

(3)The total amount lent to an applicant under the scheme for any 1 eligible disaster for which the disaster recovery funding arrangements were activated on or after 13 January 2008 must not be more than $250,000.

s 6 amd 2013 SL No. 19 s 6; 2018 SL No. 172 s 7

7Eligibility criteria

(1)For an applicant to be eligible to receive assistance under the scheme for an eligible disaster, the authority must be satisfied—

(a)the applicant is a primary producer; and

(b)if the applicant’s primary production enterprise involves wild-catch fishing—

(i)a boat or equipment used in carrying on the enterprise has been lost or damaged as a direct result of the disaster; and

(ii)either—

(A)the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or

(B)the enterprise is an individual disaster stricken enterprise as a result of the disaster; and

(c)if paragraph (b) does not apply to the primary production enterprise—

(i)the property where the enterprise is carried on has been significantly damaged as a direct result of the disaster; and

(ii)either—

(A)the property is in the defined disaster area for the disaster; or

(B)the enterprise is an individual disaster stricken enterprise as a result of the disaster; and

(d)if the applicant claims the primary production enterprise is an individual disaster stricken enterprise, the applicant has given the authority an IDSP certificate or made reasonable efforts to obtain an IDSP certificate for the enterprise; and

(e)the applicant has taken reasonable precautions to avoid or minimise loss or damage from the disaster; and

Example for paragraph (e)—

The applicant had adequate insurance against loss or damage from the disaster.

(f)the applicant has used all of the applicant’s liquid assets and all normal credit sources up to normal credit limits; and

(g)the primary production enterprise will be viable with the assistance given; and

(h)the applicant has not taken excessive risks in carrying on the primary production enterprise.

(2)For deciding whether or not a primary production enterprise is an individual disaster affected enterprise under subsection (1)(b)(ii)(B) or (1)(c)(ii)(B), the authority must have regard to—

(a)the IDSP certificate, if any, issued for the enterprise; or

(b)if the chief executive has refused to issue an IDSP certificate for the enterprise—the reasons for the refusal.

s 7 amd 2013 SL No. 19 s 6; 2018 SL No. 172 s 8

8Interest rates

(1)If an applicant’s property is in a defined disaster area for the disaster to which the applicant’s application relates, the applicant may be given a loan under the scheme at a concessional interest rate decided by the authority.

(2)Subject to subsection (3), if an applicant’s primary production enterprise is an individual disaster stricken enterprise, the applicant may only be given a loan under the scheme at a current commercial lending rate.

(3)An applicant under subsection (2) may be given a loan at a concessional interest rate if the authority considers—

(a)the applicant’s financial position is desperate but viable; and

(b)the applicant’s circumstances are exceptional.

9Security

(1)If an applicant is granted a loan under the scheme, the applicant must give security for the loan.

(2)The security required is—

(a)a mortgage of land or other assets, commensurate with the amount of the loan; and

(b)other security, if any, the authority considers necessary, including, for example, a crop lien or stock mortgage.

10Terms of repayment

(1)The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.

(2)The amounts of the repayments of principal and interest under the loan are the amounts decided by the authority, subject to subsections (3) and (4).

(3)The authority may—

(a)review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and

(b)if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.

(4)The authority may allow deferral of repayments of the principal under the loan for up to 2 years if the principal and interest are repaid over the balance of the term of the loan.

s 10 amd 2018 SL No. 172 s 9

11Review by authority

Assistance given to a primary producer under the scheme is subject to an annual review by the authority.

12Application

(1)An application must be—

(a)made on the application form approved by the authority; and

(b)accompanied by—

(i)the documentation stated on the application form; and

(ii)if an IDSP certificate has been issued for the primary production enterprise to which the application relates—the IDSP certificate.

(2)An applicant must give the completed application form to the authority or the applicant’s commercial lender for referral to the authority.

section 3(1)

sch hdg amd 2011 SL No. 192 s 5; 2018 SL No. 172 s 10

1Definitions for sch 3

In this schedule—

applicant means a person applying for financial assistance under the scheme.

appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003.

def appropriate Minister ins 2018 SL No. 172 s 11 (2)

defined disaster area, for an eligible disaster, means an area—

(a)defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and

(b)described in a document held by the authority and available for inspection by members of the public.

Editor’s note—

Defined disaster areas are published on the authority’s website.

def defined disaster area ins 2018 SL No. 172 s 11 (2)

development see the Planning Act 2016, schedule 2.

def development sub 2017 SL No. 103 s 114

disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.

Editor’s note—

The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.

def disaster recovery funding arrangements ins 2018 SL No. 172 s 11 (2)

eligible disaster means—

(a)a natural disaster; or

(b)a terrorist act.

def eligible disaster (prev def eligible natural disaster) amd 2013 SL No. 19 s 6

sub 2018 SL No. 172 s 11

natural disaster see section 2.

def natural disaster ins 2018 SL No. 172 s 11 (2)

natural disaster relief and recovery arrangements ...

def natural disaster relief and recovery arrangements om 2018 SL No. 172 s 11 (1)

scheme means the scheme set out in this schedule.

small business see section 3.

small business owner means—

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a small business; or

(b)in relation to a partnership, company or trust that carries on a small business, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the small business.

terrorist act see the Police Powers and Responsibilities Act 2000, section 211.

def terrorist act ins 2018 SL No. 172 s 11 (2)

2Meaning of natural disaster

(1)A natural disaster means any of the following events—

(a)a bushfire;

(b)a cyclone;

(c)a flood;

(d)an earthquake;

(e)a storm, including any of, or any combination of, the following—

(i)hail;

(ii)rain;

(iii)wind;

(f)a storm surge;

(g)a landslide;

(h)a meteorite strike;

(i)a tornado;

(j)a tsunami.

(2)However, an event, other than an event mentioned in subsection (1)(a), is not a natural disaster if the authority considers human activity significantly contributed to the event or loss or damage suffered because of the event.

Examples of human activity for subsection (2)—

•a deliberate act

•an accident

•development

s 2 amd 2012 SL No. 176 s 5; 2013 SL No. 19 ss 6, 8; 2018 SL No. 172 s 12

3Meaning of small business

(1)A small business is a business—

(a)for which an entity holds an Australian Business Number; and

(b)in which are employed fewer than—

(i)20 full-time employees; or

(ii)if the business has employees other than full-time employees—20 equivalent full-time employees; and

(c)that is not operated by a public company.

(2)However, a small business does not include a body corporate under the Body Corporate and Community Management Act 1997.

(3)For subsection (1)(b), the number of equivalent full-time employees of a business is worked out using the formula—

      where—

E means the number of equivalent full-time employees of the business.

F means the number of full-time employees of the business.

P means the total number of hours worked each week by employees other than full-time employees.

(4)In this section—

full-time employee, of a business, means an individual who ordinarily works for at least 35 hours each week for the business.

public company means a public company within the meaning of the Corporations Act.

s 3 amd 2018 SL No. 172 s 13

4Purpose of assistance

(1)The purpose of assistance under the scheme is to provide concessional loans to small business owners—

(a)whose buildings, plant and equipment or stock have been significantly damaged by an eligible disaster; and

(b)who are unable to obtain finance on ordinary commercial terms but have sound prospects of long-term viability.

(2)However, assistance under the scheme is not intended to compensate business owners for losses suffered.

s 4 amd 2013 SL No. 19 s 6

5Nature of assistance

The nature of the assistance under the scheme for a small business is the provision of concessional loans for re-establishing the viable operation of the business, including by doing any of the following—

(a)repairing or replacing damaged plant and equipment;

(b)repairing or replacing buildings;

(c)supplying stock for up to 1 month to replace lost stock and maintain liquidity of the business.

6Maximum loan amounts

(1)The amount of loan assistance for an applicant under the scheme—

(a)is based on the authority’s assessment of the applicant’s financial position, including any amount recovered by the applicant under an insurance policy; and

(b)must not be more than the amount of the net loss to the applicant’s small business caused by the eligible disaster to which the applicant’s application relates.

(2)However, the amount of loan assistance for an applicant under the scheme for an eligible disaster for which the disaster recovery funding arrangements were activated before 13 January 2008 must not be more than—

(a)$100,000; or

(b)if there is more than 1 loan given to the applicant under the scheme—a cumulative total of $150,000.

(3)Also, the total amount lent to an applicant under the scheme for any 1 eligible disaster for which the disaster recovery funding arrangements were activated on or after 13 January 2008 must not be more than $250,000.

s 6 amd 2013 SL No. 19 s 6; 2014 SL No. 169 s 4; 2018 SL No. 172 s 14

7Eligibility criteria

(1)For an applicant to be eligible to receive assistance under the scheme for an eligible disaster, the authority must be satisfied—

(a)the applicant is a small business owner; and

(b)immediately before the eligible disaster, the applicant carried on a small business in the defined disaster area; and

(c)the applicant has sustained substantial damage to buildings, plant, equipment or stock of the small business as a result of the eligible disaster; and

(d)the applicant has not taken excessive risks in carrying on the small business; and

Example for paragraph (d)—

The authority is satisfied the applicant’s capital expenditure for the small business has not been excessive.

(e)the applicant has taken reasonable precautions to avoid or minimise loss or damage from the eligible disaster; and

Example for paragraph (e)—

The authority is satisfied the applicant has adequate insurance against loss or damage from the disaster.

(f)the applicant is responsible for the cost of essential repairs or replacement of the damaged assets and as a result has had liquidity severely affected; and

(g)the applicant has used all liquid assets and normal credit sources up to normal credit limits; and

(h)the applicant can not repair or replace the damaged assets, or return to viable operations from the applicant’s own resources, without assistance under the scheme; and

(i)the applicant will continue to carry on or will re-establish the small business at the same place or elsewhere in the local government area where the business was carried on before the eligible disaster; and

(j)with the assistance under the scheme, the applicant has reasonable prospects of carrying on or re-establishing the small business on a viable basis.

(2)A public company, whether acting alone or with another company, is not eligible for assistance under the scheme.

s 7 amd 2013 SL No. 19 s 6; 2018 SL No. 172 s 15

8Security

A loan under the scheme must be secured to the satisfaction of the authority.

9Terms of repayment

(1)The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.

(2)The amounts of the repayments of principal and interest under the loan are the amounts decided by the authority, subject to subsections (3) and (4).

(3)The authority may—

(a)review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and

(b)if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.

(4)The authority may allow deferral of repayments of the principal under the loan for up to 2 years, if the principal and interest are repaid over the balance of the approved term of the loan.

s 9 amd 2018 SL No. 172 s 16

10Application

An application for assistance under the scheme must be—

(a)made on the authority’s application form; and

(b)given to the authority or to the applicant’s lender for referral to the authority.

section 3(1)

sch hdg amd 2011 SL No. 192 s 5

1Definitions for sch 4

In this schedule—

primary producer means—

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or

(b)in relation to a partnership, company or trust that carries on a primary production enterprise, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the primary production enterprise.

primary production enterprise means a business—

(a)that involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; and

(b)for which an entity holds an Australian Business Number.

2Objective of scheme

The objective of the scheme is to assist primary producers who are carrying on primary production enterprises in areas notified by the Minister under section 5(2) to recover from the impact of drought to which the notification relates.

3Nature of assistance

The nature of the assistance that may be given under the scheme is loans at concessional rates of interest.

4Maximum loan amounts

The maximum amount of a loan, or total outstanding loan balance, under the scheme is $100,000.

5Eligibility criteria

(1)For an applicant to be eligible to receive assistance under the scheme—

(a)the applicant must—

(i)be a primary producer; and

(ii)own or occupy land, and carry on a primary production enterprise on the land, in an area of a local government that the Minister decides is severely drought affected; and

(iii)demonstrate that the current net value of the land is not greater than $2m; and

(b)the authority must be satisfied that—

(i)the applicant’s primary production enterprise has sound prospects for commercial viability, and the applicant has the ability to service the loan, in the long term; and

(ii)the amount of the applicant’s non-enterprise or liquid assets, other than insurance bonds and superannuation, is not more than the assets test limit for homeowners—couple (combined) for all Centrelink allowances and full pensions; and

(iii)the applicant has taken reasonable precautions to minimise the effects of drought; and

(iv)the drought has impacted adversely on the applicant’s primary production enterprise, causing a financial need for the assistance.

(2)The Minister must notify each decision made by the Minister under subsection (1)(a)(ii) on the authority’s website.

6Maximum term of loan

The maximum term of a loan is 7 years.

7Terms of repayment

(1)Repayment of principal and interest on a loan will be initially calculated using a period of up to 7 years.

(2)An interest only period of not more than 2 years may be available.

(3)A loan will have an initial interest rate that is fixed under section 8.

8Interest rate

(1)The initial interest rate under the scheme for a loan to an applicant will be worked out when the applicant first draws down the loan or part of the loan.

(2)The initial interest rate for the loan—

(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the applicant first draws down the loan or part of the loan; and

(b)is worked out by the authority based on the base lending rate for the relevant period.

(3)The authority may, during the term of the loan, increase the interest rate from the interest rate mentioned in subsection (2) to a commercial rate.

(4)If, under subsection (3), the authority decides to increase the interest rate because the applicant’s financial capacity improves during the term of the loan, the authority may decide the extent to which the interest rate for the loan is to increase—

(a)in an annual review of the loan; and

(b)based on the improvement.

(5)The authority may decide the extent to which the interest rate is to increase under subsection (4) more than once in relation to the applicant.

(6)In this section—

base lending rate means the rate decided by the authority for each 6 month period in each year that is the 1, 3 or 5 year lending rate, as appropriate, of the Queensland Treasury Corporation, plus 1%.

9Security

(1)If an applicant is granted a loan under the scheme, the applicant must give security for the loan.

(2)The security required is—

(a)a mortgage of land or other assets, commensurate with the amount of the loan; or

(b)any other security the authority considers necessary, including, for example, a crop lien or stock mortgage.

10Applications

(1)An application for assistance under the scheme must be—

(a)made on the application form approved by the authority; and

(b)accompanied by the documents stated on the application form; and

(c)given to the authority.

(2)Applications must be made no later than the day decided by the Minister.

(3)The Minister must notify each decision made by the Minister under subsection (2) on the authority’s website.

11Deciding applications

The authority must consider, and decide to approve or refuse to approve, each application for assistance.

section 3(1)

sch hdg amd 2011 SL No. 192 s 5

1Definitions for sch 5

In this schedule—

crop materials see section 3(a).

primary producer means—

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or

(b)in relation to a partnership, company or trust that carries on a primary production enterprise, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the primary production enterprise.

primary production enterprise means a business—

(a)that involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; and

(b)for which an entity holds an Australian Business Number.

2Objective of scheme

The objective of the scheme is to assist primary producers who are carrying on primary production enterprises in areas notified by the Minister under section 6(2) to recover from the impact of drought to which the notification relates.

3Purpose of assistance

The purpose of assistance under the scheme is to enable applicants—

(a)to plant or invigorate crops by assisting them to buy chemicals, fertiliser, fuel, seed or seedlings (crop materials); and

(b)to restock by assisting them to buy stock.

4Nature of assistance

The nature of the assistance that may be given under the scheme is loans at concessional rates of interest.

5Maximum loan amounts

(1)The maximum amount of a loan, or total outstanding loan balance, under the scheme is $200,000.

(2)If a loan is to assist with planting or invigorating crops—

(a)the maximum loan amount to buy crop materials is $60,000; and

(b)the loan will be limited to the cost of planting or invigorating a crop for an area that is the average of the areas planted for the previous 3 crops.

(3)If the loan is for restocking, the maximum amount of a loan is—

(a)for buying breeding stock—$200,000; or

(b)for buying stock other than breeding stock—$100,000.

6Eligibility criteria

(1)For an applicant to be eligible to receive assistance under the scheme—

(a)the applicant must—

(i)be a primary producer; and

(ii)own or occupy land, and carry on a primary production enterprise on the land, in an area of a local government that the Minister decides is severely drought affected; and

(iii)demonstrate that the current net value of the land is not greater than $2m; and

(b)the authority must be satisfied that—

(i)the applicant’s primary production enterprise has sound prospects for commercial viability, and the applicant has the ability to service the loan, in the long term; and

(ii)the applicant has exhausted all liquid assets and lines of credit the authority considers suitable; and

(iii)there is a financial need for the assistance.

(2)The Minister must notify each decision made by the Minister under subsection (1)(a)(ii) on the authority’s website.

7Maximum term of loan

The maximum term of a loan is—

(a)for buying crop materials—5 years; or

(b)for buying stock—7 years.

8Terms of repayment

(1)Repayment of principal and interest on a loan to a primary producer will be initially worked out—

(a)for buying crop materials—using a period of up to 5 years; or

(b)for buying stock—using a period of up to 7 years.

(2)However, repayment of principal and interest on the loan will be tailored to the primary producer’s individual requirements based on the producer’s income patterns.

(3)If a loan is to buy crop materials for planting or invigorating a crop, repayment of the loan must be made from proceeds of the sale of the crop and, if the authority decides, from proceeds of the sale of any subsequent crop.

(4)A loan will have an initial interest rate that is fixed under section 9.

9Interest rate

(1)The initial interest rate under the scheme for a loan to an applicant will be worked out when the applicant first draws down the loan or part of the loan.

(2)The initial interest rate for the loan—

(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the applicant first draws down the loan or part of the loan; and

(b)is worked out by the authority based on the base lending rate for the relevant period.

(3)The authority may, during the term of the loan, increase the interest rate from the interest rate mentioned in subsection (2) to a commercial rate.

(4)If, under subsection (3), the authority decides to increase the interest rate because the applicant’s financial capacity improves during the term of the loan, the authority may decide the extent to which the interest rate for the loan is to increase—

(a)in an annual review of the loan; and

(b)based on the improvement.

(5)The authority may decide the extent to which the interest rate is to increase under subsection (4) more than once in relation to the applicant.

(6)In this section—

base lending rate means the rate decided by the authority for each 6 month period in each year that is the 1, 3 or 5 year lending rate, as appropriate, of the Queensland Treasury Corporation, plus 1%.

10Security

(1)If an applicant is granted a loan under the scheme, the applicant must give security for the loan.

(2)The security required is—

(a)a mortgage of land or other assets, commensurate with the amount of the loan; or

(b)any other security the authority considers necessary, including, for example, a crop lien or stock mortgage.

11Applications

(1)An application for assistance under the scheme must be—

(a)made on the application form approved by the authority; and

(b)accompanied by the documents stated on the application form; and

(c)given to the authority.

(2)Applications must be made no later than the day decided by the Minister.

(3)The Minister must notify each decision made by the Minister under subsection (2) on the authority’s website.

12Deciding applications

The authority must consider, and decide to approve or refuse to approve, each application for assistance.

13Payment

(1)This section applies to the authority making payments to—

(a)a primary producer who is receiving assistance under the scheme; or

(b)a person from whom the producer has bought crop materials or stock.

(2)Payment may be made only if the primary producer gives the authority an invoice or receipt as evidence for the amounts to be paid.

section 3(1)

sch hdg amd 2011 SL No. 192 s 5

1Definitions for sch 6

In this schedule—

Commonwealth Act means the Rural Adjustment Act 1992 (Cwlth).

EC declaration means a declaration under the Commonwealth Act of an area as an area undergoing exceptional circumstances.

small business see section 2.

2Meaning of small business

(1)A small business is a business—

(a)for which an entity holds an Australian Business Number; and

(b)in which are employed fewer than—

(i)100 full-time employees of the business; or

(ii)if the business has employees other than full-time employees—100 equivalent full-time employees of the business.

(2)For subsection (1)(b), the number of equivalent full-time employees of a business must be worked out using the formula—

      where—

E means the number of equivalent full-time employees of the business.

F means the number of full-time employees of the business.

P means the total number of hours worked each week by employees other than full-time employees.

(3)In this section—

full-time employee, of a business, means an individual who ordinarily works for at least 35 hours each week for the business.

3Objective of scheme

(1)The objective of the scheme is to assist small business owners to meet operating and other essential costs if the business enterprise is—

(a)located in, adjacent to or dependent on, an EC area; or

(b)affected by another significant event decided by the Minister.

(2)In this section—

EC area means an area declared under an EC declaration.

4Nature of assistance

The nature of the assistance that may be given under the scheme is an interest subsidy for new or existing commercial loans.

5Maximum subsidy amount

(1)Subject to subsection (5), the maximum interest subsidy that may be given for a loan is $10,000 a year for each EC period.

(2)The interest subsidy will be not more than 50% of the interest payable on new or existing loans for the period of the assistance, if the lender’s rate is competitive for the loan being subsidised.

(3)Payment of the interest subsidy will be made in advance to the commercial lender for not more than 1 year and then be subject to a second year review.

(4)If under the EC declaration, assistance may be given for more than 2 EC periods, an interest subsidy may be applied for and given for each additional EC period.

(5)Any subsidies already given under the former small business drought assistance scheme must be deducted from the amount mentioned in subsection (1).

(6)In this section—

EC period means a period, that is 1 year or less, for which an EC declaration applies and for which assistance may be given under the scheme.

former small business drought assistance scheme means the scheme set out in schedule 8 as in force immediately before the commencement of this definition.

s 5 amd 2014 SL No. 51 s 5

6Eligibility criteria

For an applicant to be eligible to receive assistance—

(a)the applicant must—

(i)own (whether as sole owner, in partnership or as a private company) and operate a small business; and

(ii)demonstrate that the applicant has owned and operated the business for at least 2 years; and

(iii)ordinarily obtain the applicant’s major source of income from the business enterprise; and

(iv)demonstrate a need for the assistance; and

(v)provide evidence that the need for the assistance is related to the effect of the exceptional circumstances or other significant event decided under section 3(1)(b); and

(b)the authority must be satisfied that the business enterprise has sound prospects of commercial viability given normal conditions.

7Applications

(1)An application for assistance must be—

(a)made on the application form approved by the authority; and

(b)accompanied by the documents stated on the application form; and

(c)given to the authority.

(2)If drought is the main cause of the need for assistance—

(a)the application must be made not later than 6 months after the EC declaration is revoked under the Commonwealth Act; and

(b)if the application is made within 6 months after the revocation, assistance may be given for up to 1 year.

8Deciding applications

The authority must consider, and decide to approve or refuse to approve, each application for assistance.

section 3(1)

sch hdg prev sch hdg amd 2011 SL No. 192 s 5

om 2014 SL No. 51 s 6

pres sch hdg ins 2014 SL No. 169 s 5

amd 2018 SL No. 172 s 17

pt hdg ins 2014 SL No. 169 s 5

1Objective of scheme

The objective of the scheme is to provide assistance to eligible entities that have suffered a significant loss of income as a result of an eligible disaster.

s 1 prev s 1 om 2014 SL No. 51 s 6

pres s 1 ins 2014 SL No. 169 s 5

2Purpose of assistance

(1)The purpose of the assistance under the scheme is to provide an eligible entity with essential working capital, by way of a loan, to continue its farming, business or non-profit operations that have been affected by an eligible disaster.

(2)However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered as a result of an eligible disaster.

(3)Also, the scheme is not intended to provide assistance relating to direct damage suffered as a result of an eligible disaster.

s 2 prev s 2 om 2014 SL No. 51 s 6

pres s 2 ins 2014 SL No. 169 s 5

3Definitions for sch 7

In this schedule—

applicant means a person applying for financial assistance under the scheme.

appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003.

defined disaster area, for an eligible disaster, means an area—

(a)defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and

(b)described in a document held by the authority and available for inspection by members of the public.

Editor’s note—

Defined disaster areas are published on the authority’s website.

def defined disaster area amd 2018 SL No. 172 s 18 (3)

development see the Planning Act 2016, schedule 2.

def development ins 2018 SL No. 172 s 18 (2)

disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.

Editor’s note—

The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.

def disaster recovery funding arrangements ins 2018 SL No. 172 s 18 (2)

eligible disaster means—

(a)a natural disaster; or

(b)a terrorist act.

def eligible disaster sub 2018 SL No. 172 s 18 (1)–(2)

eligible entity means a person eligible under section 8 for assistance under the scheme.

essential working capital see section 6(2).

loss of income see section 5A.

def loss of income ins 2018 SL No. 172 s 18 (2)

natural disaster see section 4.

def natural disaster ins 2018 SL No. 172 s 18 (2)

natural disaster relief and recovery arrangements ...

def natural disaster relief and recovery arrangements om 2018 SL No. 172 s 18 (1)

non-profit organisation means a charity or other not-for-profit entity that is—

(a)incorporated under a law of the Commonwealth or a State; and

(b)either—

(i)registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966; or

(ii)registered or otherwise authorised to raise funds under a law of another State.

def non-profit organisation sub 2018 SL No. 172 s 18 (1)–(2)

official receipt means a receipt including—

(a)the name and address of the entity that issued the receipt; and

(b)if the entity has an Australian Business Number—the Australian Business Number; and

(c)a description of each item to which the receipt relates.

primary producer means—

(a)a sole trader who—

(i)spends the majority of his or her labour on a primary production enterprise; and

(ii)either—

(A)derives the majority of his or her income from the primary production enterprise; or

(B)in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of his or her income from the primary production enterprise; or

(b)a partnership, company or trust that carries on a primary production enterprise for which the partners, shareholders or beneficiaries—

(i)spend the majority of their labour on a primary production enterprise; and

(ii)either—

(A)derive the majority of their income from the primary production enterprise; or

(B)in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of their income from the primary production enterprise.

primary production enterprise means a business—

(a)that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and

(b)for which an entity holds an Australian Business Number.

scheme means the scheme set out in this schedule.

small business see section 5.

small business owner means—

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a small business; or

(b)in relation to a partnership, private company or trust that carries on a small business, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the small business.

terrorist act see the Police Powers and Responsibilities Act 2000, section 211.

def terrorist act ins 2018 SL No. 172 s 18 (2)

s 3 prev s 3 om 2014 SL No. 51 s 6

pres s 3 ins 2014 SL No. 169 s 5

4Meaning of natural disaster

(1)A natural disaster means any of the following events—

(a)a bushfire;

(b)a cyclone;

(c)an earthquake;

(d)a flood;

(e)a landslide;

(f)a meteorite strike;

(g)a storm, including any of, or any combination of, the following—

(i)hail;

(ii)rain;

(iii)wind;

(h)a storm surge;

(i)a tornado;

(j)a tsunami.

(2)However, an event, other than an event mentioned in subsection (1)(a), is not a natural disaster if the authority considers human activity significantly contributed to the event or loss or damage suffered because of the event.

Examples of human activity for subsection (2)—

•a deliberate act

•an accident

•development

s 4 prev s 4 om 2014 SL No. 51 s 6

pres s 4 ins 2014 SL No. 169 s 5

amd 2018 SL No. 172 s 19

5Meaning of small business

(1)A small business is a business—

(a)for which an entity holds an Australian Business Number; and

(b)in which are employed fewer than—

(i)20 full-time employees; or

(ii)if the business has employees other than full-time employees—20 equivalent full-time employees; and

(c)that is not operated by a public company.

(2)However, a small business does not include a body corporate under the Body Corporate and Community Management Act 1997.

(3)For subsection (1)(b), the number of equivalent full-time employees of a business is worked out using the formula—

      where—

E means the number of equivalent full-time employees of the business.

F means the number of full-time employees of the business.

P means the total number of hours worked each week by employees other than full-time employees.

(4)In this section—

full-time employee, of a business, means an individual who ordinarily works for at least 35 hours each week for the business.

public company means a public company within the meaning of the Corporations Act.

s 5 prev s 5 om 2014 SL No. 51 s 6

pres s 5 ins 2014 SL No. 169 s 5

amd 2018 SL No. 172 s 20

5AMeaning of loss of income

(1)A loss of income, for an applicant, refers to the net income that would have been earned in a period (the relevant period) if the operation of the applicant’s primary production enterprise, small business or non-profit organisation had not been interrupted by the eligible disaster.

(2)The loss of income is assessed on the basis of the financial performance of the applicant’s primary production enterprise, small business or non-profit organisation in previous periods in which the circumstances, other than the effect of the eligible disaster, were similar to the circumstances in the relevant period.

s 5A ins 2018 SL No. 172 s 21

pt hdg ins 2014 SL No. 169 s 5

6Nature of assistance

(1)The nature of the assistance that may be given under the scheme is the provision of a loan at a concessional interest rate for an amount to be used as essential working capital for a primary production enterprise, small business or non-profit activities of an eligible entity for up to 1 year.

(2)Essential working capital, for a primary production enterprise, small business or non-profit activities, is money that is necessary to continue the normal operation of the primary production enterprise, small business or non-profit activities.

Examples of uses of essential working capital—

•paying salaries or wages

•paying creditors

•paying rent or rates

•buying goods, including, for example, fuel, essential to carrying on the primary production enterprise, small business or non-profit activities

•for a primary production enterprise, buying fodder or water for livestock or produce or transporting livestock or produce

s 6 prev s 6 om 2014 SL No. 51 s 6

pres s 6 ins 2014 SL No. 169 s 5

7Maximum loan amount

(1)The amount of a loan to an applicant under the scheme for an eligible disaster—

(a)is based on the authority’s assessment of the applicant’s financial position, including any amount recovered by the applicant under an insurance policy; and

(b)must not be more than the amount of essential working capital the authority considers is reasonably required for the applicant’s primary production enterprise, small business or non-profit activities for 1 year.

(2)However, the amount of a loan to an applicant under the scheme for an eligible disaster must not be more than $100,000.

s 7 prev s 7 om 2014 SL No. 51 s 6

pres s 7 ins 2014 SL No. 169 s 5

8Eligibility criteria

(1)An applicant is eligible for assistance for an eligible disaster under the scheme if the authority is satisfied—

(a)the applicant is a primary producer, small business owner or non-profit organisation; and

(b)before the eligible disaster, the applicant carried on a primary production enterprise, small business or non-profit activities (each the relevant activity) in the defined disaster area; and

(c)the applicant has suffered a significant loss of income as a result of the eligible disaster; and

(d)the applicant has not taken excessive risks in carrying on the relevant activity; and

Example for paragraph (d)—

The authority is satisfied the applicant’s capital expenditure for the relevant activity has not been excessive.

(e)the applicant is continuing the relevant activity in the defined disaster area; and

(f)there are reasonable prospects for the long-term viability of the relevant activity if the assistance is provided; and

(g)the applicant has used all liquid assets and normal credit sources up to normal credit limits; and

(h)the applicant has no reasonable prospects of obtaining finance on ordinary commercial terms to carry on the relevant activity; and

(i)the applicant has not received another concessional loan for loss or damage that was related to the eligible disaster.

(2)However, an applicant is not eligible for assistance for an eligible disaster under both—

(a)this scheme; and

(b)the scheme set out in schedule 2, 3 or 21.

s 8 prev s 8 om 2014 SL No. 51 s 6

pres s 8 ins 2014 SL No. 169 s 5

amd 2018 SL No. 172 s 22

9Security

A loan under the scheme must be secured to the satisfaction of the authority.

s 9 prev s 9 om 2014 SL No. 51 s 6

pres s 9 ins 2014 SL No. 169 s 5

10Terms of repayment

(1)The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.

(2)The amounts of the repayments of principal and interest under the loan are the amounts decided by the authority, subject to subsections (3) and (4).

(3)However, the authority may—

(a)review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and

(b)if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.

(4)The authority may allow deferral of repayments of the principal under the loan for up to 2 years, if the principal and interest are repaid over the balance of the term of the loan.

s 10 prev s 10 om 2014 SL No. 51 s 6

pres s 10 ins 2014 SL No. 169 s 5

amd 2018 SL No. 172 s 23

11Conditions

(1)Payment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3).

(2)The applicant must, if requested by the authority, from time to time provide appropriate evidence to the authority that all amounts drawn against a loan under the scheme have been used for essential working capital for the applicant’s primary production enterprise, small business or non-profit activities.

(3)If an applicant asks for the authority’s consent to substitute a security for an existing security for a loan under the scheme and the authority consents to the substitution, the applicant must pay to the authority—

(a)the authority’s reasonable fee for giving the consent; and

(b)any other reasonable costs of the authority relating to the substitution.

(4)In this section—

appropriate evidence means evidence in the form of tax invoices, official receipts for payment or bank statements showing full details of the goods or services acquired.

s 11 ins 2014 SL No. 169 s 5

12Applications

(1)An application for assistance under the scheme must—

(a)be made on the authority’s application form; and

(b)be accompanied by the documentation stated on the application; and

(c)be given to the authority.

(2)The authority may ask an applicant to provide further relevant information required to decide the application.

s 12 ins 2014 SL No. 169 s 5

13Deciding applications

The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.

s 13 ins 2014 SL No. 169 s 5

sch 7 prev sch 7 om 2014 SL No. 51 s 6

pres sch 7 ins 2014 SL No. 169 s 5

section 3(1)

sch hdg prev sch hdg amd 2011 SL No. 192 s 5

om 2014 SL No. 51 s 6

pres sch hdg ins 2014 SL No. 180 s 4

pt hdg ins 2014 SL No. 180 s 4

1Objective of scheme

The objective of the scheme is to make the net fishery (east coast no. 1) commercial net fishery under the Fisheries Regulation 2008 more sustainable by the voluntary removal of relevant fishery symbols from particular licences and surrender of relevant licences.

Note—

See the Fisheries Regulation 2008, chapter 9, part 2.

s 1 ins 2014 SL No. 180 s 4

2Purpose of assistance

The purpose of the scheme is to pay each holder of a relevant fishery symbol or licence whose surrender offer is accepted by the authority the relevant amount for the surrender offer.

s 2 ins 2014 SL No. 180 s 4

pt hdg ins 2014 SL No. 180 s 4

div hdg ins 2014 SL No. 180 s 4

3Definitions for sch 8

In this schedule—

approved form means a form approved by the authority.

authority’s website means the authority’s website on the internet.

closing day—

(a)for a stage 1 offer, see section 14(c); or

(b)for a stage 2 offer, see section 15(2)(c); or

(c)for a stage 3 offer, see section 16(2)(c).

fishery symbol—

(a)generally—see the Fisheries Regulation 2008, schedule 11, part 2; or

(b)if specifically referred to by description—see section 11.

holder—

(a)of a licence—see section 12(1); or

(b)of a fishery symbol—see section 12(2).

invitation notice—

(a)for stage 1 offers—means the notice mentioned in section 14; or

(b)for stage 2 offers—means the notice mentioned in section 15(2); or

(c)for stage 3 offers—means the notice mentioned in section 16(2).

licence means a commercial fishing boat licence under the Fisheries Regulation 2008.

prescribed amount, for a relevant fishery symbol, see section 10.

relevant amount, for a surrender offer, see section 9.

relevant fishery symbol means a fishery symbol mentioned in the table in section 27.

relevant holder for a surrender offer, see section 8.

relevant licence means a licence on which the fishery symbol ‘N1’ or ‘N2’ is written.

removal, of a relevant fishery symbol, means an amendment of the licence on which the fishery symbol is written, under the Fisheries Act 1994, section 63(4)(d) and (5), by which the fishery symbol is removed from the licence.

scheme means the scheme set out in this schedule.

stage 1 offer see section 5.

stage 2 offer see section 6.

stage 3 offer see section 7.

surrender, of a relevant licence, means the surrender of the licence under the Fisheries Act 1994, section 72.

surrender offer see section 4.

s 3 ins 2014 SL No. 180 s 4

div hdg ins 2014 SL No. 180 s 4

4What is a surrender offer

Each of the following is a surrender offer—

(a)a stage 1 offer;

(b)a stage 2 offer;

(c)a stage 3 offer.

s 4 ins 2014 SL No. 180 s 4

5What is a stage 1 offer

A stage 1 offer is a request, in the approved form, made by the holder of an ‘N1’ or ‘N2’ fishery symbol, in response to an invitation notice, to remove the fishery symbol in consideration for the relevant amount.

s 5 ins 2014 SL No. 180 s 4

6What is a stage 2 offer

A stage 2 offer is a request, in the approved form, made by the holder of a relevant licence, in response to an invitation notice, to surrender the licence in consideration for the relevant amount.

s 6 ins 2014 SL No. 180 s 4

7What is a stage 3 offer

A stage 3 offer is a request, in the approved form, made by the holder of a ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘N4’ or ‘N10’ fishery symbol, in response to an invitation notice, to remove the fishery symbol in consideration for the relevant amount.

s 7 ins 2014 SL No. 180 s 4

8Who is the relevant holder for a surrender offer

The relevant holder for a surrender offer is as follows—

(a)for a stage 1 offer—the holder of an ‘N1’ or ‘N2’ fishery symbol;

(b)for a stage 2 offer—the holder of a relevant licence;

(c)for a stage 3 offer—the holder of a ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘N4’ or ‘N10’ fishery symbol.

s 8 ins 2014 SL No. 180 s 4

9What is the relevant amount for a surrender offer

The relevant amount for a surrender offer is as follows—

(a)for a stage 1 offer— the prescribed amount for the ‘N1’ or ‘N2’ fishery symbol to which the offer relates, exclusive of GST;

(b)for a stage 2 offer—the amount, exclusive of GST, that is the lesser of the following amounts—

(i)$140,000;

(ii)the total of—

(A)the prescribed amounts for each relevant fishery symbol written on the licence immediately before it is surrendered; and

(B)$15,000;

(c)for a stage 3 offer—the amount, exclusive of GST, that is the total of the prescribed amounts for each relevant fishery symbol to which the offer relates.

s 9 ins 2014 SL No. 180 s 4

10What is the prescribed amount for a fishery symbol

(1)The prescribed amount for a relevant fishery symbol is the amount mentioned opposite the fishery symbol in the table in section 27.

(2)However, if the fishery symbol appears on a licence more than once, the prescribed amount for the fishery symbol is the amount mentioned in subsection (1) for each occurrence of the fishery symbol on the licence.

s 10 ins 2014 SL No. 180 s 4

div hdg ins 2014 SL No. 180 s 4

11References to a fishery symbol by description

(1)A reference in this schedule to a particular fishery symbol by description is a reference to the fishery symbol of that description under the Fisheries Regulation 2008.

(2)A reference in this schedule to a particular fishery symbol by description, followed by a number in brackets (the stated number), is a reference to the fishery symbol of that description under which the stated number of tender boats is authorised for use under the Fisheries Regulation 2008, section 245(2).

s 11 ins 2014 SL No. 180 s 4

12Who is the holder of a licence or fishery symbol

(1)The holder, of a licence, is the person to whom it is issued or transferred, other than by a temporary transfer under the Fisheries Act 1994, section 65C.

(2)The holder, of a fishery symbol, is the person who, under subsection (1), is the holder of the licence on which the fishery symbol is written.

s 12 ins 2014 SL No. 180 s 4

pt hdg ins 2014 SL No. 180 s 4

div hdg ins 2014 SL No. 180 s 4

13Nature of assistance

The nature of the assistance that may be given under this scheme to a relevant holder whose surrender offer is accepted by the authority is the payment to the holder of the relevant amount for the offer.

s 13 ins 2014 SL No. 180 s 4

div hdg ins 2014 SL No. 180 s 4

14Invitation notice for stage 1 offers

The authority must invite stage 1 offers from the relevant holders by publishing on the authority’s website a notice stating the following—

(a)each relevant holder is invited to make a stage 1 offer;

(b)the day from when stage 1 offers can be made;

(c)the day (the closing day) that is 7 weeks after the day the notice is published by which the authority must receive all stage 1 offers.

s 14 ins 2014 SL No. 180 s 4

15Invitation notice for stage 2 offers

(1)This section applies—

(a)if any stage 1 offers are received in response to the invitation notice for stage 1 offers—when all the stage 1 offers have been dealt with under division 4; or

(b)otherwise—after the closing day for stage 1 offers.

(2)The authority must invite stage 2 offers from the relevant holders by publishing on the authority’s website a notice stating the following—

(a)each relevant holder is invited to make a stage 2 offer;

(b)the day from when stage 2 offers can be made;

(c)the day (the closing day) that is 4 weeks after the day the notice is published by which the authority must receive all stage 2 offers.

(3)Despite subsections (1) and (2), this section applies only if the authority considers the authority’s assistance funds for surrender offers are sufficient to pay the relevant amount for each stage 2 offer likely to be made.

s 15 ins 2014 SL No. 180 s 4

16Invitation notice for stage 3 offers

(1)This section applies—

(a)if an invitation notice for stage 2 offers is published under section 15(2); and

(b)either—

(i)if any stage 2 offers are received in response to the invitation notice—when all the stage 2 offers have been dealt with under division 4; or

(ii)otherwise—after the closing day for stage 2 offers.

(2)The authority must invite stage 3 offers from the relevant holders by publishing on the authority’s website a notice stating the following—

(a)each relevant holder is invited to make a stage 3 offer;

(b)the day from when stage 3 offers can be made;

(c)the day (the closing day) that is 4 weeks after the day the notice is published by which the authority must receive all stage 3 offers.

(3)Despite subsections (1) and (2), this section applies only if the authority considers the authority’s assistance funds for surrender offers are sufficient to pay the relevant amount for each stage 3 offer likely to be made.

s 16 ins 2014 SL No. 180 s 4

17Authority must give relevant holders copy of invitation notice

(1)As soon as practicable after publishing an invitation notice for stage 1, 2 or 3 offers, the authority must give a written copy of the invitation notice to each of the relevant holders invited to make the offers.

(2)However, failure to comply with subsection (1) does not invalidate or otherwise affect the validity of an invitation notice.

s 17 ins 2014 SL No. 180 s 4

div hdg ins 2014 SL No. 180 s 4

18Eligibility criteria

A person is eligible for assistance under this scheme if—

(a)the person, in response to an invitation notice, makes a surrender offer on or before the closing day for the offer; and

(b)the authority accepts the offer by written notice to the person; and

(c)from the time the offer is made until it is accepted, the person is the relevant holder for the offer; and

(d)the person complies with the conditions of the assistance under section 24; and

(e)for a stage 1 or 3 offer, from making the offer until the removal of each relevant fishery symbol to which the offer relates—

(i)the person does not transfer the licence on which the fishery symbol is written; and

(ii)the fishery symbol remains on the licence; and

(f)for a stage 2 offer, from making the offer until the surrender of the relevant licence to which the offer relates—

(i)the person does not transfer the licence; and

(ii)each fishery symbol written on the licence remains on the licence.

s 18 ins 2014 SL No. 180 s 4

div hdg ins 2014 SL No. 180 s 4

19Authority must accept or reject surrender offer

(1)This section applies if—

(a)a relevant holder makes a surrender offer in response to an invitation notice on or before the closing day for the offer; and

(b)the closing day for the offer has ended.

(2)The authority, for the State, must accept or reject the surrender offer under this division.

s 19 ins 2014 SL No. 180 s 4

20State not required to accept surrender offer

Subject to section 22, the State is not required to accept a surrender offer.

s 20 ins 2014 SL No. 180 s 4

21Surrender offer may be accepted only if sufficient funds

The authority, for the State, may accept a surrender offer only if the authority’s assistance funds for surrender offers are sufficient to pay the relevant amount for the offer.

s 21 ins 2014 SL No. 180 s 4

22Priority for earlier stage 1, 2 or 3 offers

(1)This section applies subject to section 21.

(2)A stage 1, 2 or 3 offer received by the authority earlier than another stage 1, 2 or 3 offer (each a later offer) must be accepted in priority to the later offer.

s 22 ins 2014 SL No. 180 s 4

23Rejection of surrender offer

If the authority decides to reject a surrender offer, the authority must give the relevant holder who made the offer written notice of the decision and the reasons for it.

s 23 ins 2014 SL No. 180 s 4

div hdg ins 2014 SL No. 180 s 4

24Conditions of assistance for surrender offer

(1)This section applies if the authority, by notice under section 18(b), accepts a surrender offer made by a relevant holder.

(2)The relevant holder must, within the period stated in the surrender offer, give the authority—

(a)for a stage 1 or 3 offer, each licence on which is written each relevant fishery symbol to which the offer relates; and

(b)for a stage 2 offer—

(i)the relevant licence to which the offer relates; and

(ii)a notice of the surrender of the licence in the approved form under the Fisheries Act 1994.

(3)If the relevant holder complies with subsection (2), payment under this scheme must be made under the terms of the surrender offer.

s 24 ins 2014 SL No. 180 s 4

25Applications

(1)An application for assistance under this scheme must—

(a)be in the approved form; and

(b)include or be accompanied by a surrender offer; and

(c)be accompanied by the other documents stated in the approved form; and

(d)be given to the authority.

(2)A surrender offer must not be made to the authority other than under subsection (1).

(3)A surrender offer must be received by the authority no later than the closing day for the offer.

(4)The authority may request that a person who has made a surrender offer provide further relevant information required to consider the offer.

(5)A person who has made a surrender offer may withdraw the offer on or before the closing day for the offer by giving the authority a written request for the withdrawal.

s 25 ins 2014 SL No. 180 s 4

26Deciding applications

The authority must consider and decide each application by—

(a)considering the surrender offer included in or accompanying the application; and

(b)deciding to accept or reject the offer.

s 26 ins 2014 SL No. 180 s 4

pt hdg ins 2014 SL No. 180 s 4

27Prescribed amounts for relevant fishery symbols

The prescribed amount for a relevant fishery symbol mentioned in the following table is the amount stated opposite the fishery symbol—

Relevant fishery symbol	Prescribed amount $
C1	30,000
C2	10,000
K1	50,000
K2	50,000
K3	50,000
K4	50,000
K5	50,000
K6	50,000
K7	50,000
K8	50,000
L1	10,000
L2	10,000
L3	10,000
L4	20,000
L8	45,000
M1	25,000
N1	40,000
N2	75,000
N3	75,000
N4	80,000
N10	50,000
N11	5,000
P	25,000
RQ	15,000
RQ(1)	20,000
RQ(2)	25,000
RQ(3)	30,000
RQ(4)	35,000
S	10,000
SM	20,000
SM(1)	20,000
SM(2)	25,000
SM(3)	30,000
SM(4)	35,000
T1	25,000
T2	20,000
T5	20,000
T6	20,000
T7	20,000
T8	20,000
T9	20,000

Note—

Under section 9, the relevant amount for a surrender offer is exclusive of GST.

s 27 ins 2014 SL No. 180 s 4

sch 8 prev sch 8 om 2014 SL No. 51 s 6

pres sch 8 ins 2014 SL No. 180 s 4

section 3(1)

sch hdg prev sch hdg amd 2011 SL No. 192 s 5

om 2014 SL No. 51 s 6

pres sch hdg ins 2018 SL No. 54 s 5

sch 9 pt 1 hdg om 2014 SL No. 51 s 6

sch 9 pt 2 hdg om 2014 SL No. 51 s 6

1Definitions

In this schedule—

applicant means a person applying for financial assistance for a program under the scheme.

approved application form, for a program under the scheme, means the application form approved by the authority for the program.

battery program means a program for the supply and installation costs of an eligible battery storage system in residential or business premises.

Building Code of Australia see the Building Act 1975, section 12.

business premises, for a small business, means premises in Queensland used by the business to conduct business activities.

combined solar and battery program means a program for the supply and installation costs of an eligible combined battery storage system in residential or business premises.

eligible battery energy storage system means a battery energy storage system listed on the website of the department administering the Electricity Act 1994 as an eligible battery energy storage system for the scheme.

eligible battery energy storage system supplier means a battery energy storage system supplier listed on the website of the department administering the Electricity Act 1994 as an eligible battery energy storage system supplier for the scheme.

eligible combined solar and battery energy storage system means an eligible solar PV system that is coupled with an eligible battery energy storage system.

eligible solar PV system means a solar PV system that is not—

(a)a replacement of an existing solar PV system; or

(b)an augmentation of an existing solar PV system; or

(c)coupled with a battery energy storage system.

eligible system means—

(a)an eligible solar PV system; or

(b)an eligible battery energy storage system; or

(c)an eligible combined solar and battery energy storage system.

program means—

(a)the solar program; or

(b)the battery program; or

(c)the combined solar and battery program.

residential premises means a class 1a building under the Building Code of Australia.

scheme means the scheme set out in this schedule.

small business see section 2.

solar program means a program for the supply and installation costs of an eligible solar PV system in residential premises.

solar PV system means a solar photovoltaic system.

s 1 prev s 1 om 2014 SL No. 51 s 6

pres s 1 ins 2018 SL No. 54 s 5

2Meaning of small business

(1)A small business is a business—

(a)that is carried on by a sole trader, partnership, proprietary company or trust; and

(b)for which an entity holds an Australian Business Number; and

(c)that employs fewer than—

(i)20 full-time employees; or

(ii)if the business has employees other than full-time employees—20 equivalent full-time employees; and

(d)that is not operated by a public company within the meaning of the Corporations Act; and

(e)that uses less than 100 megawatt hours of grid electricity each year at the premises from which the business operates and at which an eligible system is to be installed.

(2)For subsection (1)(c), the number of equivalent full-time employees of a business is worked out using the formula—

      where—

E means the number of equivalent full-time employees of the business.

F means the number of full-time employees of the business.

P means the total number of hours worked each week by employees other than full-time employees.

(3)In this section—

full-time employee, of a business, means an individual who ordinarily works at least 35 hours each week for the business.

s 2 prev s 2 om 2014 SL No. 51 s 6

pres s 2 ins 2018 SL No. 54 s 5

3Objectives of scheme

The objectives of the scheme are—

(a)to provide for assistance to households and small businesses to make electricity more affordable, including by providing assistance to persons not having access to the upfront capital to invest in eligible solar PV and eligible battery energy storage systems; and

(b)to help establish and grow a battery energy storage industry in Queensland.

s 3 prev s 3 om 2014 SL No. 51 s 6

pres s 3 ins 2018 SL No. 54 s 5

4Application of scheme

The scheme consists of the following programs—

(a)the solar program;

(b)the battery program;

(c)the combined solar and battery program.

s 4 prev s 4 om 2014 SL No. 51 s 6

pres s 4 ins 2018 SL No. 54 s 5

5Types of assistance

The types of assistance available under the scheme are as follows—

(a)a loan under the solar program for residential premises;

(b)a loan and a grant under the battery program for residential premises;

(c)a grant only under the battery program for residential or business premises;

(d)a loan and a grant under the combined solar and battery program for residential premises;

(e)a grant only under the combined solar and battery program for residential or business premises.

s 5 prev s 5 om 2014 SL No. 51 s 6

pres s 5 ins 2018 SL No. 54 s 5

6Amounts and terms of assistance under the scheme

(1)The amounts and terms of assistance under the scheme are as follows—

(a)for the solar program—a maximum loan of $4,500 with a loan period of not more than 7 years;

(b)for the battery program—a maximum loan of $6,000 with a loan period of not more than 10 years and a maximum grant of $3,000;

(c)for the combined solar and battery program—a maximum loan of $10,000 with a loan period of not more than 10 years and a maximum grant of $3,000.

(2)A loan, a loan and a grant, or a grant provided under the scheme can not be more than the supply and installation cost of the system for which the loan, loan and grant, or grant is provided.

(3)If a loan and a grant are to be provided for the supply and installation cost of the system, the authority may decide how much of the cost is to be provided by the loan and how much is to be provided by the grant.

(4)Interest is not payable on a loan provided under the scheme and no fees or charges are payable on a loan or a grant provided under the scheme.

s 6 prev s 6 om 2014 SL No. 51 s 6

pres s 6 ins 2018 SL No. 54 s 5

7Eligibility criteria common to all programs

For an applicant to receive assistance under the scheme for an eligible system for residential or business premises—

(a)the premises to which the application relates must be located in Queensland; and

(b)credit under the Electricity Act 1994, section 44A must not apply to the premises; and

(c)assistance under the scheme must not have previously been provided for the premises; and

(d)the applicant must not have previously received assistance under the scheme; and

(e)the eligible system must not have been installed before an application for assistance under the scheme is received.

s 7 prev s 7 om 2014 SL No. 51 s 6

pres s 7 ins 2018 SL No. 54 s 5

8Additional eligibility criteria for the solar program and for loans and grants under the battery program or the combined solar and battery program

(1)This section applies to an application for the following assistance under the scheme—

(a)for a loan under the solar program;

(b)for a loan and a grant under the battery program;

(c)for a loan and a grant under the combined solar and battery program.

(2)For the applicant to be eligible to receive assistance—

(a)the application must be submitted in the names of no more than 2 persons for whom the residential premises at which the eligible system is to be installed are their principal place of residence; and

(b)each person named in the application must be an individual; and

(c)at least 1 person named in the application must be the owner or joint owner of the premises; and

(d)each person named in the application must be an Australian citizen or a permanent resident of Australia; and

(e)the authority must be satisfied the applicant can repay the loan given for the assistance.

(3)In this section—

joint owner, of premises, means a person who is an owner of the premises under a joint tenancy or tenancy in common.

s 8 prev s 8 om 2014 SL No. 51 s 6

pres s 8 ins 2018 SL No. 54 s 5

9Additional eligibility criteria for grants only under the battery program or the combined solar and battery program

(1)This section applies to an application for the following assistance under the scheme—

(a)for a grant only under the battery program for residential or business premises;

(b)for a grant only under the combined solar and battery program for residential or business premises.

(2)For the applicant to be eligible to receive assistance for residential premises—

(a)the application must be submitted in the names of no more than 2 persons for whom the residential premises at which the eligible system is to be installed are their principal place of residence; and

(b)each person named in the application must be an individual; and

(c)at least 1 person named in the application must be the owner or joint owner of the premises; and

(d)each person named in the application must be an Australian citizen or a permanent resident of Australia.

(3)For common property under a community titles scheme, the applicant must be the body corporate for the community titles scheme.

(4)For the applicant to be eligible to receive assistance for business premises—

(a)the applicant must own the premises or, if an entity other than the applicant owns the premises, the authority must be satisfied that the applicant has a sufficient connection with that entity; and

Examples of a sufficient connection with an entity—

•the applicant is a director of a company that owns the premises

•the premises are owned by the applicant’s self-managed superannuation fund

(b)the applicant must carry on a small business from the premises.

(5)In this section—

body corporate see the Body Corporate and Community Management Act 1997, schedule 6.

community titles scheme see the Body Corporate and Community Management Act 1997, section 10.

joint owner, of premises, means a person who is an owner of the premises under a joint tenancy or tenancy in common.

s 9 prev s 9 om 2014 SL No. 51 s 6

pres s 9 ins 2018 SL No. 54 s 5

10Additional program specific eligibility criteria

(1)For an applicant to be eligible to receive a loan under the solar program—

(a)the application for assistance must be for the supply and installation of an eligible solar PV system; and

(b)the applicant must have incurred total electricity costs at the premises at which the system is to be installed, or at the applicant’s previous principal place of residence, of at least $1,000 over the 6 months, or at least $2,000 over the 12 months, preceding the application; and

(c)at least 1 person named in the application must be receiving Family Tax Benefit B; and

(d)the eligible solar PV system must have been approved by the authority; and

(e)the eligible solar PV system must be installed by an eligible solar supplier.

(2)For an applicant to be eligible to receive a loan and a grant, or a grant only, under the battery program—

(a)the application for assistance must be for the supply and installation of an eligible battery energy storage system; and

(b)the eligible battery energy storage system must have been approved by the authority; and

(c)the eligible battery energy storage system must be installed by an eligible battery energy storage system supplier.

(3)For an applicant to be eligible to receive a loan and a grant, or a grant only, under the combined solar and battery program—

(a)the application for assistance must be for the supply and installation of an eligible combined solar and battery energy storage system; and

(b)the eligible combined solar and battery energy storage system must have been approved by the authority; and

(c)the eligible combined solar and battery energy storage system must be installed by an eligible battery energy storage system supplier.

(4)In this section—

eligible solar supplier means a supplier of solar PV systems that—

(a) is a signatory to—

(i)the Solar Retailer Code of Conduct approved by the Clean Energy Council; or

(ii)another code of conduct, relating to the supply and installation by solar suppliers of solar PV systems, approved by a relevant entity; and

(b)conducts some or all of its operations from premises in Queensland.

relevant entity means an entity approved by the chief executive of the department administering the Electricity Act 1994 as being suitable to assess a code of conduct relating to the supply and installation by solar suppliers of solar PV systems.

s 10 prev s 10 om 2014 SL No. 51 s 6

pres s 10 ins 2018 SL No. 54 s 5

11Conditions of assistance

(1)The payment of financial assistance under the scheme is subject to the following conditions—

(a)before receiving the assistance, a person must—

(i)enter into a written agreement with the authority that sets out the terms on which the assistance is provided; and

(ii)give the authority a tax invoice for the supply and installation of the eligible system for which the assistance is provided;

(b)the payment of the assistance for the supply and installation of an eligible system is to be made directly by the authority to the supplier of the system;

Note—

The payment of the assistance can not be made to reimburse an applicant for payments made by the applicant to the supplier of the eligible system.

(c)the payment of the assistance can not be made for an eligible system that is to be financed under a lease or solar power purchase agreement;

(d)the authority may cancel an approval for assistance to install and purchase an eligible system if the scheme recipient does not provide evidence the system has been installed within 6 months after the approval;

(e)a scheme recipient must, after the installation of an eligible battery energy storage system under the battery program or the combined solar and battery program, allow for a safety inspection of the system by a person nominated by the chief executive of the department administering the Electricity Act 1994, at no charge to the scheme recipient;

(f)a scheme recipient must disclose matters required by the authority, or to persons nominated by the authority, to enable—

(i)a safety inspection of the eligible system; or

(ii)an evaluation of the eligible system or of a program under the scheme;

(g)a scheme recipient must comply with the terms of the agreement mentioned in paragraph (a)(i).

(2)In this section—

scheme recipient means a person who has received assistance under the scheme.

s 11 prev s 11 amd 2012 SL No. 11 s 3 (1); 2012 SL No. 84 s 3 (1)

om 2014 SL No. 51 s 6

pres s 11 ins 2018 SL No. 54 s 5

12Applications

(1)An application for assistance for a program under the scheme must—

(a)be made to the authority by accessing the website of the department administering the Electricity Act 1994 or on the approved application form for the program; and

(b)be made on or after the day stated on the website as the day after which applications for assistance may be made; and

(c)be accompanied by the documents stated on the website or on the approved application form; and

(d)be considered by the authority in the order it is received by the authority.

(2)If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.

s 12 prev s 12 om 2014 SL No. 51 s 6

pres s 12 ins 2018 SL No. 54 s 5

13Deciding applications

(1)The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.

(2)The authority must refuse an application for assistance for a program under the scheme if—

(a)the application is received after 30 June 2019; or

(b)the authority’s assistance funds for the program are not sufficient to pay for the assistance.

s 13 prev s 13 om 2014 SL No. 51 s 6

pres s 13 ins 2018 SL No. 54 s 5

14Time limits applying to applications and to financial assistance under the scheme

(1)An application for assistance under the scheme must be received by the authority by 30 June 2019.

(2)The authority must not provide financial assistance under the scheme after 30 June 2020.

s 14 prev s 14 amd 2012 SL No. 11 s 3 (2); 2012 SL No. 84 s 3 (2)

om 2014 SL No. 51 s 6

pres s 14 ins 2018 SL No. 54 s 5

sch 9 prev sch 9 om 2014 SL No. 51 s 6

pres sch 9 ins 2018 SL No. 54 s 5

section 3(1)

sch hdg prev sch hdg amd 2011 SL No. 192 s 5

om 2014 SL No. 51 s 6

pres sch hdg ins 2018 SL No. 189 s 4

sch 10 pt 1 hdg om 2014 SL No. 51 s 6

sch 10 pt 2 hdg om 2014 SL No. 51 s 6

1Objective of scheme

The objective of the scheme is to provide for assistance to operators of eligible bus services to install anti-shatter film and driver barriers on eligible buses to make the buses safer for drivers and passengers.

s 1 prev s 1 om 2014 SL No. 51 s 6

pres s 1 ins 2018 SL No. 189 s 4

2Definitions

In this schedule—

anti-shatter film means a laminate, bonded to a vehicle window, that is designed and constructed to bind glass shards on impact and prevent them entering the vehicle.

applicant means a person applying for assistance under the scheme.

application means an application for assistance under the scheme.

bus service contract means—

(a)generally—a service contract under the Transport Operations (Passenger Transport) Act 1994, section 38(1), between the passenger transport chief executive and the holder for the contract for providing an eligible bus service; and

(b)for an applicant—a service contract for which the applicant is the holder.

designated bus, for an application, see section 4(1)(d).

designated safety equipment, for an application, see section 4(1)(d).

driver barrier means a barrier, fitted in a bus, that is designed and constructed to prevent or reduce the risk of injury to a person in the driver’s seat (the driver) in the event of another person committing, or attempting to commit, an act of violence against the driver.

eligible bus means a bus identified in an applicant’s bus service contract for providing an eligible bus service.

eligible bus service means a public bus service mentioned in the document ‘Eligible Queensland Bus Services’ prepared by the passenger transport chief executive and published on the authority’s website.

holder, for a service contract, see the Transport Operations (Passenger Transport) Act 1994, schedule 3.

notice means written notice.

operator see the Transport Operations (Passenger Transport) Act 1994, schedule 3.

passenger transport chief executive means the chief executive of the department in which the Transport Operations (Passenger Transport) Act 1994 is administered.

public bus service means a public passenger service within the meaning of the Transport Operations (Passenger Transport) Act 1994 for the carriage of passengers on a bus, but does not include a driver service within the meaning of that Act.

scheme means the scheme set out in this schedule.

s 2 prev s 2 om 2014 SL No. 51 s 6

pres s 2 ins 2018 SL No. 189 s 4

3Nature of assistance

The nature of the assistance that may be given under the scheme is a rebate to offset—

(a)the costs of acquiring and installing anti-shatter film on designated buses to the maximum amount for each bus under section 7(2); and

(b)50% of the costs of acquiring and installing driver barriers on designated buses to the maximum amount for each bus under section 7(3).

s 3 prev s 3 om 2014 SL No. 51 s 6

pres s 3 ins 2018 SL No. 189 s 4

4Eligibility for conditional approval for assistance

(1)An applicant is eligible for conditional approval for assistance under the scheme if—

(a)the applicant is the operator of an eligible bus service; and

(b)the applicant has entered into a bus service contract with the passenger transport chief executive to provide the bus service; and

(c)the passenger transport chief executive is satisfied the applicant has complied with the applicant’s obligations under the bus service contract; and

(d)the applicant has applied for conditional approval for assistance to install, on an eligible bus identified in the application (the designated bus), either or both of the following items of equipment (each the designated safety equipment)—

(i)anti-shatter film of a type described in detail in the application;

(ii)a driver barrier of a type described in detail in the application; and

(e)the authority is satisfied—

(i)the applicant has obtained, or will obtain, a written warranty from the manufacturer or seller of the designated safety equipment that the equipment will be fit for purpose; and

(ii)the applicant has given the authority a notice stating when it is proposed to install the designated safety equipment; and

(iii)if the designated safety equipment is installed on the designated bus, the applicant proposes to operate the bus for at least 2 years after the equipment is installed; and

(iv)the applicant will be responsible for maintaining the designated safety equipment; and

(f)for an application for installing anti-shatter film on the designated bus, the authority is satisfied anti-shatter film has not already been installed on the bus or acquired for that purpose, whether with assistance under this scheme or otherwise; and

(g)for an application for installing a driver barrier on the designated bus, the authority is satisfied—

(i)the applicant has carried out a risk assessment showing that the eligible bus service is provided in a high risk area; and

(ii)a driver barrier has not already been installed on the bus or acquired for that purpose, whether with assistance under this scheme or otherwise; and

(h)the applicant agrees to give the passenger transport chief executive the information reasonably required by that person for evaluating the designated safety equipment after it is installed.

(2)In this section—

high risk area means an area in which the applicant considers there is a high risk of any of the following happening—

(a)violence towards a bus driver or passenger;

(b)threatening behaviour, including, for example, serious verbal threats or abuse, towards a bus driver or passenger;

(c)an object being thrown at a bus, bus driver or passenger.

s 4 prev s 4 om 2014 SL No. 51 s 6

pres s 4 ins 2018 SL No. 189 s 4

5Conditional approval for assistance

(1)Subsection (2) applies if the authority is satisfied the applicant is eligible under section 4 for conditional approval for assistance to install the designated safety equipment on the designated bus.

(2)The authority may, by notice to the applicant, approve the application for conditional approval for assistance only on the condition stated in subsection (3).

(3)The applicant must—

(a)acquire the designated safety equipment after being given the notice under subsection (2); and

(b)install the equipment on the designated bus and apply for final approval for assistance for the installation within the final claim period for the application.

(4)The applicant may, on or before 30 June 2020, ask the authority to extend the final claim period for the application.

(5)If the applicant asks for an extension of the final claim period under subsection (4), the authority may, by notice to the applicant, extend the period if it considers there are exceptional circumstances to do so.

(6)In this section—

final claim period, for the application, means the period ending on—

(a)30 June 2020; or

(b)if the period is extended to a later day under subsection (5)—the later day.

s 5 prev s 5 om 2014 SL No. 51 s 6

pres s 5 ins 2018 SL No. 189 s 4

6Final approval for assistance

(1)This section applies if—

(a)the authority has given conditional approval under section 5(2) for assistance to install the designated safety equipment on the designated bus; and

(b)the applicant has applied under section 5(3)(b) for final approval for the assistance.

(2)The authority must decide to—

(a)approve the application and give final approval for the assistance; or

(b)refuse the application.

(3)The authority may, by notice to the applicant, give final approval for assistance to install the equipment if satisfied—

(a)the applicant is still eligible for the conditional approval for the assistance under section 4; and

(b)the applicant has obtained the warranty for the equipment mentioned in section 4(1)(e)(i); and

(c)the applicant has acquired and installed the equipment in compliance with section 5(3).

s 6 prev s 6 om 2014 SL No. 51 s 6

pres s 6 ins 2018 SL No. 189 s 4

7Amount and payment of assistance

(1)This section applies if the authority gives final approval under section 6 for assistance for installing the designated safety equipment on the designated bus.

(2)For installing designated safety equipment that is anti-shatter film, the authority must pay the applicant the lesser of—

(a)the costs incurred for acquiring and installing the anti-shatter film; and

(b)either—

(i)for a large bus—$2,400; or

(ii)for another designated bus—$1,200.

(3)For installing designated safety equipment that is a driver barrier, the authority must pay the applicant the lesser of—

(a)50% of the costs incurred for acquiring and installing the driver barrier; and

(b)$2,000.

(4)In this section—

large bus means a designated bus identified in the applicant’s bus service contract as an articulated bus, a double decker bus or long wheel base bus.

s 7 prev s 7 om 2014 SL No. 51 s 6

pres s 7 ins 2018 SL No. 189 s 4

8Condition of assistance

(1)The payment of the assistance under section 7 is subject to the condition stated in subsection (2).

(2)The applicant must give the authority tax invoices and official receipts of amounts the applicant has paid to acquire and install the designated safety equipment.

(3)In this section—

official receipt means a receipt of an amount paid by an applicant to an entity that includes—

(a)the name and address of the entity that issued the receipt; and

(b)if the entity has an Australian Business Number—the Australian Business Number; and

(c)a description of each item to which the receipt relates.

s 8 prev s 8 om 2014 SL No. 51 s 6

pres s 8 ins 2018 SL No. 189 s 4

9Applications

(1)An application for assistance under the scheme must—

(a)be in the form approved by the authority; and

(b)be accompanied by any other documents stated in the approved form.

(2)An application for conditional approval for assistance mentioned in section 4 must be given to the authority on or before 31 March 2019.

(3)An application for final approval for assistance mentioned in section 5 must be given to the authority before the end of the final claim period for the application.

(4)The authority may ask an applicant for further relevant information required to decide the application.

(5)In this section—

final claim period, for the application, see section 5(6).

s 9 prev s 9 om 2014 SL No. 51 s 6

pres s 9 ins 2018 SL No. 189 s 4

10Deciding applications

(1)Subject to subsections (2) and (3), the authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.

(2)The authority must consider applications in the order they are received.

(3)The authority, for the State, may approve an application only if the authority’s assistance funds for the scheme are sufficient to pay for the assistance.

s 10 prev s 10 amd 2012 SL No. 11 s 4 (1); 2012 SL No. 84 s 4 (1)

om 2014 SL No. 51 s 6

pres s 10 ins 2018 SL No. 189 s 4

sch 10 prev sch 10 om 2014 SL No. 51 s 6

pres sch 10 ins 2018 SL No. 189 s 4

section 3(1)

sch hdg prev sch hdg amd 2011 SL No. 192 s 5

om 2014 SL No. 51 s 6

pres sch hdg ins 2019 SL No. 2 s 4

pt hdg prev pt hdg om 2014 SL No. 51 s 6

pres pt hdg ins 2019 SL No. 2 s 4

1Objective of scheme

The objective of the scheme is to provide assistance to owners of eligible premises to install eligible solar PV systems to make electricity more affordable for tenants of the premises.

s 1 prev s 1 om 2014 SL No. 51 s 6

pres s 1 ins 2019 SL No. 2 s 4

2Definitions

In this schedule—

applicant means a person applying for assistance under the scheme.

approved form means a form approved by the authority.

approved residential tenancy agreement see section 5.

Building Code of Australia see the Building Act 1975, section 12.

cost, of installing an eligible solar PV system, includes the cost of supplying the eligible solar PV system for installation.

electricity chief executive means the chief executive of the electricity department.

electricity department means the department in which the Electricity Act 1994 is administered.

eligible premises see section 3.

eligible solar PV system see section 4.

scheme means the scheme set out in this schedule.

solar PV system means a solar photovoltaic system.

system capacity, of an eligible solar PV system, means the lower of—

(a)the capacity of the system’s inverter; and

(b)the total capacity of the system’s panels.

tenant means a tenant within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008, section 13, but does not include a subtenant of a tenant.

s 2 prev s 2 om 2014 SL No. 51 s 6

pres s 2 ins 2019 SL No. 2 s 4

3Meaning of eligible premises

(1)Residential premises are eligible premises if—

(a)the premises are located in an eligible area; and

(b)the premises are individually metered for the supply of electricity; and

(c)electricity is not purchased for the premises from an exempt seller; and

(d)the premises are the subject of an approved residential tenancy agreement.

(2)In this section—

eligible area means any of the following local government areas—

(a)Bundaberg;

(b)Gladstone;

(c)Townsville;

(d)if an eligible area notice is prepared—another local government area stated in the notice.

eligible area notice means a written notice—

(a)prepared by the electricity chief executive; and

(b)stating a local government area as an eligible area for the scheme; and

(c)published on the electricity department’s website.

exempt seller see the National Energy Retail Law (Queensland), section 2(1).

individually metered see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.

residential premises means a class 1a building under the Building Code of Australia.

s 3 prev s 3 om 2014 SL No. 51 s 6

pres s 3 ins 2019 SL No. 2 s 4

4Meaning of eligible solar PV system

(1)An eligible solar PV system is a solar PV system installed at premises that—

(a)has a system capacity of 3kW or more; and

(b)includes, or is installed with, solar monitoring technology for the system.

(2)In this section—

solar monitoring technology means hardware and software that can be used to monitor the operation of the system by—

(a)capturing data about—

(i)the amount of electricity the system produces; and

(ii)the amount of the electricity produced that is used at the premises; and

(iii)the amount of the electricity produced that is supplied to a supply network; and

(iv)the potential impact the system has on the cost of electricity for the premises; and

(b)allowing the data to be accessed electronically from outside the premises.

supply network see the Electricity Act 1994, section 8.

s 4 prev s 4 om 2014 SL No. 51 s 6

pres s 4 ins 2019 SL No. 2 s 4

5Meaning of approved residential tenancy agreement

(1)An approved residential tenancy agreement is a written residential tenancy agreement providing for—

(a)a residential tenancy for premises for a fixed term of at least 1 year; and

(b)rent of no more than an amount equivalent to—

(i)$350 per week; or

(ii)if an eligible rent-cap notice is prepared—a higher amount per week stated in the notice; and

(c)an increase in the rent to take effect if, after the agreement is entered into, an eligible solar PV system is installed at the premises.

(2)In this section—

eligible rent-cap notice means a written notice—

(a)prepared by the electricity chief executive; and

(b)stating the highest amount of rent payable for an approved residential tenancy agreement; and

(c)published on the electricity department’s website.

rent see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.

residential tenancy agreement see the Residential Tenancies and Rooming Accommodation Act 2008, section 12.

s 5 prev s 5 om 2014 SL No. 51 s 6

pres s 5 ins 2019 SL No. 2 s 4

pt hdg prev pt hdg om 2014 SL No. 51 s 6

pres pt hdg ins 2019 SL No. 2 s 4

6Nature of assistance

The nature of assistance available under the scheme is a rebate to offset the cost to the owner of eligible premises of installing an eligible solar PV system at the premises.

s 6 prev s 6 om 2014 SL No. 51 s 6

pres s 6 ins 2019 SL No. 2 s 4

7Eligibility criteria

(1)An applicant is eligible for assistance under the scheme for installing an eligible solar PV system for premises if—

(a)the applicant is the owner of the premises; and

(b)the premises are eligible premises; and

(c)the applicant has entered into an approved residential tenancy agreement with the tenant for the premises; and

(d)there is no solar PV system installed at the premises before the approved residential tenancy agreement is entered into; and

(e)the tenant has entered into an agreement, in the approved form, about the installation of the eligible solar PV system; and

(f)before applying for the assistance, the applicant ensures that an eligible supplier has supplied and installed the eligible solar PV system at the premises; and

(g)assistance has not previously been provided for the premises under—

(i)this scheme; or

(ii)the scheme set out in schedule 9.

(2)In this section—

eligible supplier means a supplier of solar PV systems listed, at the relevant time, on the electricity department’s website as an eligible supplier of solar PV systems for the scheme.

relevant time means the time when the applicant arranges for the eligible supplier to install the eligible solar PV system at the premises under subsection (1)(f).

s 7 prev s 7 om 2014 SL No. 51 s 6

pres s 7 ins 2019 SL No. 2 s 4

8Amount of assistance

The amount of a rebate under the scheme to offset the cost of installing an eligible solar PV system is the lesser of—

(a)the eligible solar PV system; and

(b)the following amount—

(i)for installing an eligible solar PV system that has a system capacity of at least 3kW but less than 4kW—$2,500;

(ii)for installing an eligible solar PV system that has a system capacity of at least 4kW but less than 5kW—$3,000;

(iii)for installing an eligible solar PV system that has a system capacity of 5kW or more—$3,500.

s 8 prev s 8 om 2014 SL No. 51 s 6

pres s 8 ins 2019 SL No. 2 s 4

9Applications

(1)Before applying for assistance under the scheme, a person must give the authority a declaration of understanding.

(2)An application for assistance under the scheme must—

(a)be made by no more than 2 applicants, at least 1 of whom must be named as a lessor in the approved residential tenancy agreement for the premises to which the application relates; and

(b)be made to the authority by accessing the relevant website or in the approved form; and

(c)be made on or after the day stated on the relevant website; and

(d)be accompanied by any other documents stated on the relevant website or in the approved form; and

(e)be received by the authority by 30 June 2020.

(3)The authority may ask an applicant for further relevant information required to decide the application.

(4)In this section—

declaration of understanding means a declaration, in the approved form, that the person understands the requirements for eligibility for assistance and applying for the assistance under the scheme.

relevant website means the electricity department’s website.

s 9 prev s 9 om 2014 SL No. 51 s 6

pres s 9 ins 2019 SL No. 2 s 4

10Accepting late applications

Despite section 9(2)(e), the authority may accept an application for assistance under the scheme received after 30 June 2020 if the authority considers it is appropriate to do so in the circumstances.

s 10 prev s 10 amd 2012 SL No. 11 s 5

om 2014 SL No. 51 s 6

pres s 10 ins 2019 SL No. 2 s 4

11Deciding applications

(1)Subject to subsections (2) and (3), the authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.

(2)The authority must consider applications in the order they are received.

(3)The authority may, for the State, approve an application only if the authority’s assistance funds for the scheme are sufficient to pay for the assistance.

s 11 prev s 11 om 2014 SL No. 51 s 6

pres s 11 ins 2019 SL No. 2 s 4

sch 11 prev sch 11 om 2014 SL No. 51 s 6

pres sch 11 ins 2019 SL No. 2 s 4

section 3(2)

1The scheme set out in the Australian Government Policy Guidelines for the Subsidised Interest Rate Scheme for Pastoralists and Service Businesses Involved in Live Cattle Exports to Indonesia, published by the Commonwealth Department of Agriculture, Fisheries and Forestry.

2The scheme set out in the document called ‘Farm Finance: Concessional Loans Scheme—Scheme Guidelines for Queensland’, published by the authority.

3The scheme set out in the document called ‘Drought Concessional Loans Scheme—Scheme Guidelines for Queensland’, published by the authority.

Editor’s note—

The document is available on the authority’s website.

4The scheme set out in the document called ‘Drought Recovery Concessional Loans Scheme—Scheme Guidelines for Queensland’, published by the authority.

5The scheme set out in the documents called ‘Farm Business Concessional Loans Scheme—Drought Assistance Concessional Loans—Guidelines for Queensland’ and ‘Farm Business Concessional Loans Scheme—Business Improvement Concessional Loans—Guidelines for Queensland’, published by the authority.

Editor’s note—

The documents are available on the authority’s website.

sch 16 ins 2011 SL No. 192 s 6

amd 2013 SL No. 157 s 3; 2014 SL No. 114 s 3; 2014 SL No. 327 s 3; 2016 SL No. 194 s 3; 2017 SL No. 123 s 6

section 3(1)

1Objective of scheme

The objective of the scheme is to assist eligible applicants in offsetting the purchase price of prescribed PPE for eligible veterinary surgeons who may be at significant risk of being exposed to the Hendra virus.

2Nature of assistance

(1)The nature of assistance that may be given to an applicant under the scheme is a rebate to offset the purchase price of prescribed PPE for eligible veterinary surgeons.

(2)The following rebates are payable under the scheme—

(a)a rebate for the initial purchase of prescribed PPE for an eligible veterinary surgeon (the start-up rebate);

(b)a rebate for the purchase of prescribed PPE payable after an approved test of a suspected Hendra virus infection sample has been completed (the replenishment rebate).

3Definitions for sch 20

In this schedule—

applicant means a person applying for financial assistance under the scheme.

approved entity means the department in which the repealed Exotic Diseases in Animals Act 1981 was administered immediately before that Act was repealed.

def approved entity sub 2016 SL No. 75 s 129 sch 12

approved test means 1 or more tests of a suspected Hendra virus infection sample—

(a)carried out by the approved entity for diagnosing the Hendra virus; and

(b)for which the approved entity has issued a unique identifying number.

Examples of diagnostic tests—

•polymerase chain reaction test

•virus isolation test

•enzyme linked immunosorbent assay test

•virus neutralisation test

eligible veterinary surgeon, for an applicant, see section 5(1)(d).

official receipt means a receipt including—

(a)the name and address of the entity that issued the receipt; and

(b)if the entity has an Australian Business Number—the Australian Business Number; and

(c)a description of each item to which the receipt relates.

prescribed PPE see section 4.

replenishment rebate see section 2(2)(b).

scheme means the scheme set out in this schedule.

start-up rebate see section 2(2)(a).

suspected Hendra virus infection sample means a sample taken by a veterinary surgeon from a horse that, when the sample was taken—

(a)was showing symptoms of disease; and

(b)was suspected by the veterinary surgeon of being infected with the Hendra virus.

veterinary surgeon see the Veterinary Surgeons Act 1936, schedule.

4Meaning of prescribed PPE

Prescribed PPE means—

(a)any of the following items of personal protective equipment—

•biohazard bag

•disposable boot covers

•disposable overalls

•disposable respirator

•duct tape

•full face shield

•nitrile gloves

•safety eyewear

•sharps disposal container; or

(b)a pack containing any of the items of personal protective equipment mentioned in paragraph (a).

5General eligibility criteria

(1)An applicant is eligible for assistance under the scheme if the authority is satisfied that—

(a)the applicant is 1 of the following entities conducting a veterinary practice—

(i)an individual conducting the veterinary practice on the individual’s own account (a sole trader);

(ii)2 or more individuals in a partnership;

(iii)a corporation; and

(b)the applicant holds an Australian Business Number for the veterinary practice; and

(c)the applicant is not—

(i)the State, the Commonwealth or another State; or

(ii)an instrumentality or agent of the State, the Commonwealth or another State; or

(iii)an entity established or operated under an Act that is funded to any extent with moneys of, or otherwise financially assisted by, the State, the Commonwealth or another State; and

(d)any of the following persons is a veterinary surgeon (an eligible veterinary surgeon) whose practice of veterinary science relates to horses—

(i)for an applicant who is a sole trader—the applicant;

(ii)for an applicant that is a partnership—a partner in the partnership;

(iii)for any applicant—a person employed, engaged or otherwise acting under the direction of the applicant in the person’s practice of veterinary science; and

(e)the eligibility criteria under section 6 or 7 have been met.

(2)In this section—

veterinary science see the Veterinary Surgeons Act 1936, section 2A.

6Eligibility criteria for start-up rebate

For an applicant to be eligible for the start-up rebate, the authority must be satisfied that—

(a)the applicant bought prescribed PPE on or after 24 March 2012; and

(b)the applicant has not already received the start-up rebate.

7Eligibility criteria for replenishment rebate

For an applicant to be eligible for the replenishment rebate, the authority must be satisfied—

(a)an eligible veterinary surgeon for the applicant took a suspected Hendra virus infection sample from a horse; and

(b)the sample was given to the approved entity for testing for the Hendra virus; and

(c)the approved entity completed an approved test of the sample on or after 24 March 2012; and

(d)the replenishment rebate has not already been paid for the approved test.

8Amount and payment of assistance

(1)The amount of the start-up rebate payable for an application is the amount paid for prescribed PPE up to a maximum of $250 for each eligible veterinary surgeon to whom the application relates.

(2)The start-up rebate can be paid to an applicant only once.

(3)The amount of the replenishment rebate is $250 for each approved test that is completed.

(4)The replenishment rebate can be paid for an approved test only once.

9Applications

(1)An application for assistance under the scheme must be—

(a)made on the application form approved by the authority; and

(b)accompanied by the documents mentioned in the application form.

(2)Without limiting subsection (1)(b), an application for the start-up rebate must be accompanied by tax invoices and official receipts for the purchase of the prescribed PPE to which the application relates.

(3)The authority may request that an applicant provide further relevant information required to decide the application.

(4)An application for assistance under the scheme must be received by the authority no later than 30 June 2016.

10Deciding applications

The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.

sch 20 ins 2012 SL No. 85 s 5

section 3(1)

sch hdg amd 2018 SL No. 172 s 24

1Objective of scheme

The objective of the scheme is to provide assistance to eligible entities that have suffered direct damage caused by an eligible disaster.

s 1 ins 2012 SL No. 176 s 6

amd 2013 SL No. 19 s 6

2Purpose of assistance

(1)The purpose of the assistance under the scheme is to help an eligible entity pay for costs arising out of direct damage caused by an eligible disaster.

(2)However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered as a result of an eligible disaster.

s 2 ins 2012 SL No. 176 s 6

amd 2013 SL No. 19 s 6

3Definitions for sch 21

In this schedule—

applicant means a person applying for financial assistance under the scheme.

appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003.

defined disaster area, for an eligible disaster, means an area—

(a)defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and

(b)described in a document held by the authority and available for inspection by members of the public.

Editor’s note—

Defined disaster areas are published on the authority’s website.

def defined disaster area amd 2013 SL No. 19 s 6; 2018 SL No. 172 s 25 (3)

development see the Planning Act 2016, schedule 2.

def development sub 2017 SL No. 103 s 115

disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.

Editor’s note—

The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.

def disaster recovery funding arrangements ins 2018 SL No. 172 s 25 (2)

eligible entity means a non-profit organisation eligible for assistance under the scheme.

eligible disaster means—

(a)a natural disaster; or

(b)a terrorist act.

def eligible disaster (prev def eligible natural disaster) amd 2013 SL No. 19 s 6

sub 2018 SL No. 172 s 25 (1)–(2)

natural disaster see section 4.

def natural disaster ins 2018 SL No. 172 s 25 (2)

natural disaster relief and recovery arrangements ...

def natural disaster relief and recovery arrangements om 2018 SL No. 172 s 25 (1)

non-profit organisation means a charity or other not-for-profit entity that is—

(a)incorporated under a law of the Commonwealth or a State; and

(b)either—

(i)registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966; or

(ii)registered or otherwise authorised to raise funds under a law of another State.

def non-profit organisation sub 2018 SL No. 172 s 25 (1)–(2)

official receipt means a receipt including—

(a)the name and address of the entity that issued the receipt; and

(b)if the entity has an Australian Business Number—the Australian Business Number; and

(c)a description of each item to which the receipt relates.

scheme means the scheme set out in this schedule.

terrorist act see the Police Powers and Responsibilities Act 2000, section 211.

def terrorist act ins 2018 SL No. 172 s 25 (2)

s 3 ins 2012 SL No. 176 s 6

4Meaning of natural disaster

(1)A natural disaster means any of the following events—

(a)a bushfire;

(b)a cyclone;

(c)an earthquake;

(d)a flood;

(e)a landslide;

(f)a meteorite strike;

(g)a storm, including any of, or any combination of, the following—

(i)hail;

(ii)rain;

(iii)wind;

(h)a storm surge;

(i)a tornado;

(j)a tsunami.

(2)However, an event, other than an event mentioned in subsection (1)(a), is not a natural disaster if the authority considers human activity significantly contributed to the event or loss or damage suffered because of the event.

Examples of human activity for subsection (2)—

•a deliberate act

•an accident

•development

s 4 ins 2012 SL No. 176 s 6

amd 2013 SL No. 19 ss 6, 9; 2018 SL No. 172 s 26

5Nature of assistance

The nature of the assistance under the scheme is the provision of a concessional loan for re-establishing the normal operation of an eligible entity, including doing any of the following—

(a)repairing or replacing damaged plant and equipment;

(b)repairing or restoring essential premises, including grounds, amenities and infrastructure;

(c)supplying stock for up to 1 month to replace lost stock and maintain liquidity of the eligible entity.

s 5 amd 2018 SL No. 172 s 27

6Maximum loan amount

(1)The amount of loan assistance for an applicant under the scheme for an eligible disaster—

(a)is based on the authority’s assessment of the applicant’s financial position, including any amount recovered by the applicant under an insurance policy; and

(b)must not be more than the amount of the net loss to the applicant caused by the eligible disaster.

(2)However, the amount of a loan to an applicant under the scheme for an eligible disaster must not be more than $100,000.

s 6 ins 2002 SL No. 176 s 6

amd 2013 SL No. 19 s 6; 2014 SL No. 169 s 6

sub 2018 SL No. 172 s 28

7Eligibility criteria

An applicant is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied—

(a)the applicant is a non-profit organisation; and

(b)immediately before the eligible disaster, the applicant carried on operations as a non-profit organisation in the defined disaster area; and

(c)the applicant has suffered direct damage to essential premises, plant, equipment or stock for carrying on its operations as a non-profit organisation as a result of the eligible disaster; and

(d)the applicant has not taken excessive risks in carrying on operations as a non-profit organisation; and

Example for paragraph (d)—

The authority is satisfied the applicant’s capital expenditure for the non-profit organisation has not been excessive.

(e)the applicant has taken reasonable precautions to avoid or minimise loss or damage from the eligible disaster; and

Example for paragraph (e)—

The authority is satisfied the applicant has adequate insurance against loss or damage from the eligible disaster.

(f)the applicant is responsible for the cost of repairing or replacing the damaged assets; and

(g)the applicant has used all liquid assets and normal credit sources up to normal credit limits; and

(h)the applicant can not, from the applicant’s own resources and without assistance under the scheme—

(i)repair or replace assets directly damaged as a result of the eligible disaster; or

(ii)return to operations at a similar level as before the eligible disaster; and

(i)before applying for the assistance, the applicant has used any other available assistance from the Commonwealth or State or insurance to repair or replace damaged assets or to try to return the non-profit organisation to operations at a similar level as before the eligible disaster; and

(j)the applicant demonstrates the ability to repay the loan applied for.

s 7 prev s 7 ins 2012 SL No. 176 s 6

amd 2013 SL No. 19 s 6

om 2014 SL No. 51 s 7

pres s 7 ins 2018 SL No. 172 s 28

9Security

A loan under the scheme must be secured to the satisfaction of the authority.

10Terms of repayment

(1)The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.

(2)The amounts of the repayments of principal and interest under the loan are the amounts decided by the authority, subject to subsections (3) and (4).

(3)The authority may—

(a)review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and

(b)if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.

(4)The authority may allow deferral of repayments of the principal under the loan for up to 2 years, if the principal and interest are repaid over the balance of the term of the loan.

s 10 sub 2018 SL No. 172 s 29

11Conditions

(1)Payment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3).

(2)The applicant must, if requested by the authority, provide evidence to the authority from time to time in the form of tax invoices, official receipts for payment, or bank statements, showing—

(a)full details of the goods or services acquired; and

(b)that all amounts claimed by the applicant under the scheme have been paid by the applicant.

(3)If an applicant asks for the authority’s consent to substitute a security for an existing security for the loan and the authority consents to the substitution, the applicant must pay to the authority—

(a)the authority’s reasonable fee for giving the consent; and

(b)any other reasonable costs of the authority in relation to the substitution.

12Applications

(1)An application for assistance under the scheme must—

(a)be made on the authority’s application form; and

(b)be accompanied by the documentation stated on the application; and

(c)be given to the authority.

(2)The authority may request that an applicant provide further relevant information required to decide the application.

13Deciding applications

The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.

sch 21 ins 2012 SL No. 176 s 6

section 3(1)

sch hdg ins 2013 SL No. 19 s 10

amd 2016 SL No. 133 s 3; 2018 SL No. 172 s 30

pt hdg ins 2013 SL No. 19 s 10

1Objective of scheme

The objective of the scheme is to support community recovery by providing assistance, under agreements entered into from time to time between the Commonwealth and the State, to eligible entities that have suffered direct damage caused by an eligible disaster.

s 1 ins 2013 SL No. 19 s 10

2Purpose of assistance

(1)The purpose of the assistance under the scheme is to help an eligible entity pay for costs of clean up and reinstatement of the eligible entity’s primary production enterprise, small business or means for conducting its operations as a non-profit organisation that has suffered direct damage caused by an eligible disaster.

(2)However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered because of an eligible disaster.

s 2 ins 2013 SL No. 19 s 10

amd 2016 SL No. 133 s 4; 2018 SL No. 172 s 31

3Definitions for sch 23

In this schedule—

applicant means an entity applying for assistance under the scheme.

appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003.

assistance establishment notice see section 6(2).

closing day, for an application for assistance under the scheme for an eligible disaster, means—

(a)the day by which the authority must receive the application as stated in the assistance establishment notice for the eligible disaster; or

(b)if the day is changed under section 6B, the day as changed.

def closing day sub 2015 SL No. 74 s 4 (1)–(2)

defined disaster area, for an eligible disaster, means an area—

(a)defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for the communities affected by the disaster; and

(b)described in a document held by the authority and available for inspection by members of the public.

Editor’s note—

Documents describing defined disaster areas are published on the authority’s website.

def defined disaster area amd 2016 SL No. 133 s 5 (1); 2018 SL No. 172 s 32 (3)

disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.

Editor’s note—

The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.

def disaster recovery funding arrangements ins 2018 SL No. 172 s 32 (2)

disaster zone see section 6A(2).

def disaster zone ins 2015 SL No. 74 s 4 (2)

eligible disaster means—

(a)a natural disaster; or

(b)a terrorist act.

def eligible disaster sub 2018 SL No. 172 s 32 (1)–(2)

eligible entity means any of the following eligible under part 4 for assistance under the scheme—

(a)a primary producer;

(b)a small business owner;

(c)a non-profit organisation.

def eligible entity amd 2015 SL No. 74 s 4 (3)

exceptional circumstances grant see section 7(2).

def exceptional circumstances grant ins 2015 SL No. 74 s 4 (2)

sub 2018 SL No. 172 s 32 (1)–(2)

January–February 2019 Queensland flood disaster means the eligible disaster defined by the appropriate Minister on 8 February 2019, for the purpose of activating the disaster recovery funding arrangements, as ‘North and Far North Queensland Monsoon Trough, 25 January - 10 February 2019’ (as amended from time to time).

Note—

See also—

(a)the summary of the appropriate Minister’s approval activating the disaster recovery funding arrangements for the eligible disaster published on the website of the Queensland Reconstruction Authority; and

(b)the assistance establishment notice for the eligible disaster published on the authority’s website.

def January–February 2019 Queensland flood disaster ins 2019 SL No. 8 s 3

livestock includes poultry.

def livestock ins 2015 SL No. 74 s 4 (2)

natural disaster see section 4.

def natural disaster ins 2018 SL No. 172 s 32 (2)

natural disaster relief and recovery arrangements ...

def natural disaster relief and recovery arrangements amd 2016 SL No. 133 s 5 (2)

om 2018 SL No. 172 s 32 (1)

non-profit organisation means a charity or other not-for-profit entity that is—

(a)incorporated under a law of the Commonwealth or a State; and

(b)either—

(i)registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966; or

(ii)registered or otherwise authorised to raise funds under a law of another State.

def non-profit organisation sub 2018 SL No. 172 s 32 (1)–(2)

official receipt means a receipt including—

(a)the name and address of the entity that issued the receipt; and

(b)if the entity has an Australian Business Number—the Australian Business Number; and

(c)a description of each item to which the receipt relates.

primary producer means—

(a)a sole trader who—

(i)spends the majority of his or her labour on a primary production enterprise; and

(ii)either—

(A)derives the majority of his or her income from the primary production enterprise; or

(B)in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of his or her income from the primary production enterprise; or

(b)a partnership, company or trust that carries on a primary production enterprise for which the partners, shareholders or beneficiaries—

(i)spend the majority of their labour on a primary production enterprise; and

(ii)either—

(A)derive the majority of their income from the primary production enterprise; or

(B)in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of their income from the primary production enterprise.

primary production enterprise means a business—

(a)that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and

(b)for which an entity holds an Australian Business Number.

reinstatement, of a primary production enterprise, small business or means for conducting operations as a non-profit organisation, means the carrying out of activities that are necessary to help the enterprise, business or organisation to continue or resume production or trading at a similar level as before the eligible disaster.

def reinstatement ins 2018 SL No. 172 s 32 (2)

scheme means the scheme set out in this schedule.

small business means a small business under section 5 or 5A.

def small business sub 2015 SL No. 74 s 4 (1)–(2)

small business owner means a sole trader, partnership, private company or trust that carries on a small business.

standard grant see section 7(2).

def standard grant ins 2015 SL No. 74 s 4 (2)

sub 2018 SL No. 172 s 32 (1)–(2)

stated closing day see section 6A(1)(f).

def stated closing day ins 2015 SL No. 74 s 4 (2)

terrorist act see the Police Powers and Responsibilities Act 2000, section 211.

def terrorist act ins 2018 SL No. 172 s 32 (2)

s 3 ins 2013 SL No. 19 s 10