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repealed regulation means the repealed Rural and Regional Adjustment Regulation 2000.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 15 and 17 to 41 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; 2019 SL No. 128 s 3; 2019 SL No. 157 s 3; 2019 SL No. 158 s 3; 2019 SL No. 195 s 3; 2019 SL No. 262 s 3; 2020 SL No. 29 s 3; 2020 SL No. 36 s 3; 2020 SL No. 120 s 4; 2020 SL No. 149 s 3; 2020 SL No. 188 s 3; 2020 SL No. 189 s 3; 2020 SL No. 198 s 3; 2021 SL No. 69 s 3; 2021 SL No. 86 s 4; 2021 SL No. 108 s 3; 2021 SL No. 109 s 3; 2021 SL No. 153 s 4; 2021 SL No. 160 s 3; 2022 SL No. 15 s 3; 2022 SL No. 54 s 3

4Repeal of regulation

The Rural and Regional Adjustment Regulation 2000, SL No. 124 is repealed.

pt 4 div 1 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5Saving of operation of particular schemes and other provisions under repealed regulation

(1)This section applies to the following provisions (each a saved provision) of the repealed regulation—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(b)continues to apply to the things mentioned in it as if the repealed regulation had not been repealed.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under an approved assistance scheme under any of parts 3, 4, 5, 7, 8, 11, 12, 18 or 28 to 34 of the schedule of the repealed regulation; and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

pt 4 div 2 hdg 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.

s 7 ins 2013 SL No. 19 s 5

pt 4 div 3 hdg 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.

s 8 ins 2014 SL No. 51 s 4

pt 4 div 4 hdg 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.

s 9 ins 2014 SL No. 92 s 4

pt 4 div 5 hdg 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.

s 10 ins 2015 SL No. 74 s 3

pt 4 div 6 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

pt 4 div 7 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

pt 4 div 8 hdg ins 2021 SL No. 103 s 3

15Exceptional circumstances grants for eligible disasters before commencement

(1)This section applies if—

(a)before the commencement, the Minister published an assistance establishment notice for an eligible disaster; and

(b)the stated closing day in the assistance establishment notice was after the day of the commencement; and

(c)after the commencement, the Minister amends the assistance establishment notice to increase the maximum total amount of assistance that may be given under the scheme to an eligible entity to an amount greater than $25,000.

(2)Schedule 23, section 7, as amended by the Rural and Regional Adjustment (Variation of Special Disaster Assistance Recovery Grants Scheme) Amendment Regulation 2021, applies in relation to an application by an eligible entity for assistance for the eligible disaster—

(a)made, but not decided, before the day the amendment mentioned in subsection (1)(c) takes effect; or

(b)made on or after the day the amendment mentioned in subsection (1)(c) takes effect.

(3)Terms defined in schedule 23 and used in this section have the same meanings as they have in schedule 23.

s 15 ins 2021 SL No. 103 s 3

pt 4 div 9 hdg ins 2021 SL No. 110 s 3

16Application of increased amount of assistance

(1)Schedule 37, section 7, as amended by the amendment regulation, applies in relation to an applicant who applies for assistance under the scheme set out in that schedule, whether the application was made before or after the commencement.

(2)In this section—

amendment regulation means the Rural and Regional Adjustment (Variation of COVID-19 Business Support Grants Scheme (August 2021)) Amendment Regulation 2021.

s 16 ins 2021 SL No. 110 s 3

pt 4 div 10 hdg ins 2021 SL No. 134 s 4

17Application of particular former provisions

(1)This section applies in relation to either of the following under round 1 of the scheme set out in schedule 18—

(a)an application for assistance made before the commencement, if the application had not been decided immediately before the commencement;

(b)a payment of assistance, whether the payment is made before or after the commencement.

(2)For deciding the application or making the payment of assistance—

(a)the relevant former provisions continue to apply as if the Rural and Regional Adjustment (COVID-19 Marine Tourism Assistance Scheme—Round 2) Amendment Regulation 2021 had not commenced; and

(b)a reference in schedule 18 to COVID-19 travel restrictions is taken to be a reference to COVID travel restrictions within the meaning of former schedule 18, section 2.

(3)In this section—

former, for a provision of this regulation, means the provision as in force from time to time before the commencement.

relevant former provision means each of the following provisions—

(a)

former schedule 18, section 2, definition COVID travel restrictions;

(b)former schedule 18, section 4;

(c)former schedule 18, sections 6 to 10.

s 17 ins 2021 SL No. 134 s 4

pt 4 div 11 hdg ins 2021 SL No. 149 s 3

18Continuation of maximum amount of assistance

(1)This section applies in relation to a grant of financial assistance given under the scheme mentioned in schedule 32 if—

(a)the application for the assistance was approved before the commencement; and

(b)the amount of the grant was greater than $200,000; and

(c)immediately before the commencement, the authority had not paid the full amount of the grant.

(2)Schedule 32, section 7(5), as in force immediately before the commencement, continues to apply in relation to the grant as if the Rural and Regional Adjustment (Variation of Rural Economic Development Grants Scheme) Amendment Regulation 2021 had not commenced.

s 18 ins 2021 SL No. 149 s 3

pt 4 div 12 hdg ins 2021 SL No. 175 s 3

19Existing applications for assistance

(1)This section applies if, before the commencement, an application for assistance under the scheme set out in schedule 36 was made but not decided.

(2)Schedule 36, as amended by the Rural and Regional Adjustment (Variation of Work in Paradise Incentive Scheme) Amendment Regulation 2021, applies to the application.

s 19 ins 2021 SL No. 175 s 3

pt 4 div 13 hdg ins 2022 SL No. 15 s 4

20Existing applications for assistance

(1)This section applies if, before the commencement, an application for assistance under the scheme set out in schedule 39 was made but not decided.

(2)Schedule 39, as amended by the Rural and Regional Adjustment (Drought-related Assistance Schemes) Amendment Regulation 2022, applies to the application.

s 20 ins 2022 SL No. 15 s 4

pt 4 div 14 hdg ins 2022 SL No. 35 s 3

21Existing applications for assistance

(1)This section applies if, before the commencement, an application for assistance under the scheme set out in schedule 19 was made but not decided.

(2)Schedule 19, as amended by the Rural and Regional Adjustment (Variation of Tourism Business Professional Advice Rebate Scheme) Amendment Regulation 2022, applies to the application.

s 21 ins 2022 SL No. 35 s 3

pt 4 div 15 hdg ins 2022 SL No. 36 s 3

22Validation of particular sch 38 applications received by authority

(1)This section applies if—

(a)before the commencement, an entity (the applicant) made an application for a part 2 first payment (the part 2 first payment application); and

(b)before the commencement, either—

(i)the authority decided to approve the part 2 first payment application; or

(ii)the chief executive officer, in a review decision of an original decision in relation to the part 2 first payment application, decided to approve the application; and

(c)the applicant purportedly made an application for a part 2 second payment (the part 2 second payment application) that was received by the authority no later than 6p.m. on 6 December 2021; and

(d)a part 2 first payment had not been made to the applicant before the applicant purportedly made the part 2 second payment application.

(2)Despite schedule 38, section 20(3), the part 2 second payment application is, and is taken to have always been, as valid as it would have been if a part 2 first payment had been made to the applicant before the applicant purportedly made the part 2 second payment application.

(3)Terms defined in schedule 38 and used in this section have the same meanings as they have in schedule 38.

s 22 ins 2022 SL No. 36 s 3

section 3(1)

sch 1 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.

sch 1 s 3 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.

sch 1 s 3 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.

sch 1 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.

sch 1 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.

sch 1 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.

sch 1 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.

sch 1 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).

sch 1 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.

sch 1 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.

sch 1 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.

sch 1 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.

sch 1 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.

sch 1 s 18 amd 2016 SL No. 183 s 12

19Maximum term of loan

The maximum term of a loan is 20 years.

sch 1 s 19 sub 2016 SL No. 183 s 13

section 3(1)

sch 2 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.

sch 2 s 1 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.

sch 2 s 1 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.

sch 2 s 1 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.

sch 2 s 1 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.

sch 2 s 1 def IDSP certificate amd 2013 SL No. 19 s 6

individual disaster stricken enterprise see section 3.

natural disaster see section 2.

sch 2 s 1 def natural disaster ins 2018 SL No. 172 s 5 (2)

natural disaster relief and recovery arrangements ...

sch 2 s 1 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.

sch 2 s 1 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.

sch 2 s 1 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

sch 2 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.

sch 2 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.

sch 2 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.

sch 2 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.

sch 2 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.

sch 2 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.

sch 2 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 3 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.

sch 3 s 1 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.

sch 3 s 1 def defined disaster area ins 2018 SL No. 172 s 11 (2)

development see the Planning Act 2016, schedule 2.

sch 3 s 1 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.

sch 3 s 1 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.

sch 3 s 1 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.

sch 3 s 1 def natural disaster ins 2018 SL No. 172 s 11 (2)

natural disaster relief and recovery arrangements ...

sch 3 s 1 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.

sch 3 s 1 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

sch 3 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.

sch 3 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.

sch 3 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.

sch 3 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.

sch 3 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.

sch 3 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 4 hdg amd 2011 SL No. 192 s 5

sub 2022 SL No. 15 s 5

sch 4 pt 1 hdg ins 2022 SL No. 15 s 5

1Objective of scheme

The objective of the scheme is to assist sole traders, partnerships, proprietary companies and trusts, that are carrying on primary production enterprises that have been significantly financially affected by drought, with carry-on finance.

sch 4 s 1 sub 2022 SL No. 15 s 5

2Purpose of assistance

(1)The purpose of assistance under the scheme is to provide concessional loans to sole traders, partnerships, proprietary companies and trusts carrying on primary production enterprises to assist the entities to meet working capital expenses.

(2)For subsection (1), working capital expenses include, for example, the following—

(a)paying employee wages;

(b)paying creditors;

(c)paying rent and rates;

(d)buying goods, including fuel, for carrying on the business.

(3)However, for subsection (1), the following are not working capital expenses—

(a)refinancing existing business loans or equipment finance;

(b)buying new equipment or other assets.

sch 4 s 2 sub 2022 SL No. 15 s 5

3Definitions for schedule

In this schedule—

primary producer means—

(a)a sole trader who spends the majority of the person’s labour on, and derives the majority of the person’s 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.

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.

resilience plan, for a primary production enterprise, see section 4.

scheme means the scheme set out in this schedule.

sch 4 s 3 sub 2022 SL No. 15 s 5

4Meaning of resilience plan

A resilience plan, for a primary production enterprise, is a plan that the authority is satisfied—

(a)addresses risks relevant to the primary production enterprise, including—

(i)viability risks; and

(ii)productivity risks; and

(iii)business and climate risks, such as drought; and

(b)details the actions the applicant may take to manage the risks relevant to the primary production enterprise to improve the resilience of the primary production enterprise; and

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

Note—

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

sch 4 s 4 sub 2022 SL No. 15 s 5

sch 4 pt 2 hdg ins 2022 SL No. 15 s 5

5Nature of assistance

The nature of the assistance that may be given to an applicant under the scheme is a loan at a concessional rate of interest to be used to pay for a purpose mentioned in section 2.

sch 4 s 5 sub 2022 SL No. 15 s 5

6Maximum loan amount

(1)The maximum amount of a loan, or total outstanding loan balance, under the scheme is $250,000.

(2)However, if the applicant applies for assistance under the scheme and the scheme set out in schedule 5, the maximum amount of the loans an applicant may receive under both schemes is a combined total of $250,000.

sch 4 s 6 sub 2022 SL No. 15 s 5

7Eligibility criteria

(1)To be eligible to receive assistance under the scheme the applicant must demonstrate to the authority that—

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

(b)the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and

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

(d)the applicant—

(i)has taken reasonable precautions to minimise the effect of drought on the primary production enterprise; and

Example of reasonable precautions—

maintaining stock at levels commensurate with seasonal conditions

(ii)intends to use any of the primary production enterprise’s surplus liquid reserves or normal credit sources up to normal credit limits, in conjunction with the loan, to continue operations; and

(iii)can service the loan; and

(e)the primary production enterprise—

(i)has been carried on for at least 12 months before the day the application for assistance is made; and

(ii)demonstrates prospects for commercial viability; and

(iii)requires financial assistance because the primary production enterprise has been significantly financially affected by drought.

(2)Also, an applicant must give to the authority, or demonstrate to the authority that the applicant intends to give to the authority, a resilience plan for the primary production enterprise.

(3)However, an applicant is not eligible to receive assistance under the scheme if—

(a)the applicant has received assistance under the scheme and the loan has not been discharged; or

(b)the applicant has received assistance under the scheme in the 5 years before the day the application for assistance is made; or

(c)the applicant or an interested person for the primary production enterprise—

(i)has given to the department, in support of an application for DRAS funding, an invoice issued in the 6 months before the day the application for assistance is made; and

(ii)has received DRAS funding for the invoice.

(4)In this section—

DRAS funding means—

(a)a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or

(b)a rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department.

interested person, for a primary production enterprise, means—

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

(b)if the primary production 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.

sch 4 s 7 sub 2022 SL No. 15 s 5

8Interest rates

(1)The interest charged on a loan given under the scheme must be calculated at a concessional interest rate decided by the authority.

(2)The authority may include a condition varying the interest rate during the term of the loan.

sch 4 s 8 sub 2022 SL No. 15 s 5

9Security

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

sch 4 s 9 sub 2022 SL No. 15 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)During the first 2 years of the loan term, the applicant must make the interest repayments decided by the authority.

(3)From the start of the third year of the loan term, the applicant must make the principal and interest repayments decided by the authority.

sch 4 s 10 sub 2022 SL No. 15 s 5

11Condition

(1)The payment of assistance under the scheme is subject to the condition stated in this section.

(2)If an applicant’s application for assistance is not accompanied by a resilience plan for the primary production enterprise the subject of the application, the applicant must, if requested by the authority, give a resilience plan for the primary production enterprise to the authority.

sch 4 s 11 sub 2022 SL No. 15 s 5

12Requirements for applications

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

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

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

(c)be given to the authority.

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

sch 4 s 12 ins 2022 SL No. 15 s 5

13Deciding applications

(1)The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 12(1).

(2)The authority must consider applications in the order they are received by the authority.

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

sch 4 s 13 ins 2022 SL No. 15 s 5

14Review by authority

Assistance given to an applicant under the scheme may be subject to an annual review by the authority.

sch 4 s 14 ins 2022 SL No. 15 s 5

section 3(1)

sch 5 hdg amd 2011 SL No. 192 s 5

sub 2022 SL No. 15 s 5

sch 5 pt 1 hdg ins 2022 SL No. 15 s 5

1Objective of scheme

The objective of the scheme is to assist sole traders, partnerships, proprietary companies and trusts, that are carrying on primary production enterprises that have been significantly financially affected by drought, with carry-on finance.

sch 5 s 1 sub 2022 SL No. 15 s 5

2Purpose of assistance

(1)The purpose of assistance under the scheme is to provide interest-free loans to sole traders, partnerships, proprietary companies and trusts that are carrying on primary production enterprises to assist the entities to meet working capital expenses.

(2)For subsection (1), working capital expenses include, for example, the following—

(a)paying employee wages;

(b)paying creditors;

(c)paying rent and rates;

(d)buying goods, including fuel, for carrying on the business.

(3)However, for subsection (1), the following are not working capital expenses—

(a)refinancing existing business loans or equipment finance;

(b)buying new equipment or other assets.

sch 5 s 2 sub 2022 SL No. 15 s 5

3Definitions for schedule

In this schedule—

primary producer means—

(a)a sole trader who spends the majority of the person’s labour on, and derives the majority of the person’s 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.

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.

resilience plan, for a primary production enterprise, see section 4.

scheme means the scheme set out in this schedule.

sch 5 s 3 sub 2022 SL No. 15 s 5

4Meaning of resilience plan

A resilience plan, for a primary production enterprise, is a plan that the authority is satisfied—

(a)addresses risks relevant to the primary production enterprise, including—

(i)viability risks; and

(ii)productivity risks; and

(iii)business and climate risks, such as drought; and

(b)details the actions the applicant may take to manage the risks relevant to the primary production enterprise to improve the resilience of the primary production enterprise; and

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

Note—

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

sch 5 s 4 sub 2022 SL No. 15 s 5

sch 5 pt 2 hdg ins 2022 SL No. 15 s 5

5Nature of assistance

The nature of the assistance that may be given to an applicant under the scheme is an interest-free loan to be used to pay for a purpose mentioned in section 2.

sch 5 s 5 sub 2022 SL No. 15 s 5

6Maximum loan amount

(1)The maximum amount of a loan, or total outstanding loan balance, under the scheme is $50,000.

(2)However, if the applicant applies for assistance under the scheme and the scheme set out in schedule 4, the maximum amount of the loans an applicant may receive under both schemes is a combined total of $250,000.

sch 5 s 6 sub 2022 SL No. 15 s 5

7Eligibility criteria

(1)To be eligible to receive assistance under the scheme the applicant must demonstrate to the authority that—

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

(b)the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and

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

(d)the applicant—

(i)has taken reasonable precautions to minimise the effect of drought on the primary production enterprise; and

Example of reasonable precautions—

maintaining stock at levels commensurate with seasonal conditions

(ii)intends to use any of the primary production enterprise’s surplus liquid reserves or normal credit sources up to normal credit limits, in conjunction with the loan, to continue operations; and

(iii)can service the loan; and

(e)the primary production enterprise—

(i)has been carried on for at least 12 months before the day the application for assistance is made; and

(ii)demonstrates prospects for commercial viability; and

(iii)requires financial assistance because the primary production enterprise has been significantly financially affected by drought.

(2)Also, an applicant must give to the authority, or demonstrate to the authority that the applicant intends to give to the authority, a resilience plan for the primary production enterprise.

(3)However, an applicant is not eligible to receive assistance under the scheme if—

(a)the applicant has received assistance under the scheme and the loan has not been discharged; or

(b)the applicant has received assistance under the scheme in the 5 years before the day the application for assistance is made; or

(c)the applicant or an interested person for the primary production enterprise—

(i)has given to the department, in support of an application for DRAS funding, an invoice issued in the 6 months before the day the application for assistance is made; and

(ii)has received DRAS funding for the invoice.

(4)In this section—

DRAS funding means—

(a)a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or

(b)a rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department.

interested person, for a primary production enterprise, means—

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

(b)if the primary production 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.

sch 5 s 7 sub 2022 SL No. 15 s 5

8Security

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

sch 5 s 8 sub 2022 SL No. 15 s 5

9Terms of repayment

(1)The term of a loan under the scheme is the term decided by the authority up to a maximum of 7 years.

(2)During the first 2 years of the loan term, the authority must defer repayments of the principal.

(3)From the start of the third year of the loan term, the applicant must make the principal repayments decided by the authority.

sch 5 s 9 sub 2022 SL No. 15 s 5

10Condition

(1)The payment of assistance under the scheme is subject to the condition stated in this section.

(2)If an applicant’s application for assistance is not accompanied by a resilience plan for the primary production enterprise the subject of the application, the applicant must, if requested by the authority, give a resilience plan for the primary production enterprise to the authority.

sch 5 s 10 sub 2022 SL No. 15 s 5

11Requirements for applications

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

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

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

(c)be given to the authority.

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

sch 5 s 11 sub 2022 SL No. 15 s 5

12Deciding applications

(1)The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 11(1).

(2)The authority must consider applications in the order they are received by the authority.

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

sch 5 s 12 sub 2022 SL No. 15 s 5

13Review by authority

Assistance given to an applicant under the scheme may be subject to an annual review by the authority.

sch 5 s 13 sub 2022 SL No. 15 s 5

section 3(1)

sch 6 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.

sch 6 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 7 hdg prev sch 7 hdg amd 2011 SL No. 192 s 5

om 2014 SL No. 51 s 6

pres sch 7 hdg ins 2014 SL No. 169 s 5

amd 2018 SL No. 172 s 17

sch 7 pt 1 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.

sch 7 s 1 prev sch 7 s 1 om 2014 SL No. 51 s 6

pres sch 7 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.

sch 7 s 2 prev sch 7 s 2 om 2014 SL No. 51 s 6

pres sch 7 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.

sch 7 s 3 def defined disaster area amd 2018 SL No. 172 s 18 (3)

development see the Planning Act 2016, schedule 2.

sch 7 s 3 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.

sch 7 s 3 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.

sch 7 s 3 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.

sch 7 s 3 def loss of income ins 2018 SL No. 172 s 18 (2)

natural disaster see section 4.

sch 7 s 3 def natural disaster ins 2018 SL No. 172 s 18 (2)

natural disaster relief and recovery arrangements ...

sch 7 s 3 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.

sch 7 s 3 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.

sch 7 s 3 def terrorist act ins 2018 SL No. 172 s 18 (2)

sch 7 s 3 prev sch 7 s 3 om 2014 SL No. 51 s 6

pres sch 7 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

sch 7 s 4 prev sch 7 s 4 om 2014 SL No. 51 s 6

pres sch 7 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.

sch 7 s 5 prev sch 7 s 5 om 2014 SL No. 51 s 6

pres sch 7 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.

sch 7 s 5A ins 2018 SL No. 172 s 21

sch 7 pt 2 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

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

pres sch 7 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.

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

pres sch 7 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.

sch 7 s 8 prev sch 7 s 8 om 2014 SL No. 51 s 6

pres sch 7 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.

sch 7 s 9 prev sch 7 s 9 om 2014 SL No. 51 s 6

pres sch 7 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.

sch 7 s 10 prev sch 7 s 10 om 2014 SL No. 51 s 6

pres sch 7 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.

sch 7 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.

sch 7 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.

sch 7 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 8 hdg orig sch 8 hdg amd 2011 SL No. 192 s 5

om 2014 SL No. 51 s 6

prev sch 8 hdg ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 hdg ins 2019 SL No. 128 s 4

sch 8 pt 1 hdg prev sch 8 pt 1 hdg ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 pt 1 hdg ins 2019 SL No. 128 s 4

1Objective of scheme

The objective of the scheme is to provide, under an agreement entered into between the Commonwealth and the State on 31 March 2019, assistance to eligible entities that have sustained exceptional damage as a direct result of the eligible disaster.

sch 8 s 1 prev sch 8 s 1 ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 s 1 ins 2019 SL No. 128 s 4

2Purpose of assistance

(1)The purpose of assistance under the scheme is to help an eligible entity pay for costs arising out of exceptional damage caused by the eligible disaster.

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

sch 8 s 2 prev sch 8 s 2 ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 s 2 ins 2019 SL No. 128 s 4

3Definitions for schedule

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.

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 relevant business; or

(b)in relation to a partnership, company or trust that carries on a relevant 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 relevant business.

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

(a)defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for providing assistance mentioned in the scheme 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.

disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by a natural 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.

eligible disaster means the 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’.

eligible entity means a primary producer or business owner who is eligible for assistance under the scheme.

exceptional damage see section 4.

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)that is registered under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth); and

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

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

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

relevant business means a business, other than a primary production enterprise—

(a)that is registered under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth); and

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

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

scheme, unless otherwise provided, means the scheme set out in this schedule.

sch 8 s 3 prev sch 8 s 3 ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 s 3 ins 2019 SL No. 128 s 4

4Meaning of exceptional damage

An entity’s primary production enterprise or relevant business sustains exceptional damage as a direct result of the eligible disaster to the extent—

(a)assets used in carrying on the enterprise or business are damaged as a direct result of the eligible disaster; and

(b)the authority considers that the total amount of any assistance available to the entity under the schemes set out in schedules 2, 3 and 23 is inadequate to give the entity reasonable prospects of re-establishing the viable operation of the enterprise or business.

sch 8 s 4 prev sch 8 s 4 ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 s 4 ins 2019 SL No. 128 s 4

5References to entity’s primary production enterprise or relevant business

(1)A reference in this schedule to an entity’s primary production enterprise is a reference to a primary production enterprise in relation to which the entity is a primary producer.

(2)A reference in this schedule to an entity’s relevant business is a reference to a relevant business in relation to which the entity is a business owner.

sch 8 s 5 prev sch 8 s 5 ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 s 5 ins 2019 SL No. 128 s 4

sch 8 pt 2 hdg prev sch 8 pt 2 hdg ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 pt 2 hdg ins 2019 SL No. 128 s 4

sch 8 pt 2 div 1 hdg ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

sch 8 pt 2 div 2 hdg ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

sch 8 pt 2 div 3 hdg ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

6Nature of assistance

The nature of the assistance that may be given under the scheme to an eligible entity is a concessional loan for any of the following—

(a)repairing or replacing damaged plant or equipment used in the entity’s primary production enterprise or relevant business;

(b)repairing or replacing buildings used for carrying on the entity’s primary production enterprise or relevant business;

(c)meeting requirements for carrying on the entity’s primary production enterprise or relevant business, including, for example—

(i)buying goods necessary to carry on the activities of the enterprise or relevant business; and

(ii)paying rates, rent or wages; and

(iii)paying creditors;

(d)for a primary production enterprise—meeting requirements for carrying on the enterprise, including, for example—

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

(ii)buying livestock to replace livestock lost because of the eligible disaster; and;

(iii)sustaining livestock: and

(iv)carrying on essential property operations;

(e)for a relevant business—supplying stock for a period of not more than 1 month to replace stock lost as a direct result of the eligible disaster and maintain the liquidity of the relevant business.

sch 8 s 6 prev sch 8 s 6 ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 s 6 ins 2019 SL No. 128 s 4

7Application may be made in 1 capacity only

A person may apply for assistance under the scheme in only 1 of the following capacities—

(a)a primary producer;

(b)a business owner.

sch 8 s 7 prev sch 8 s 7 ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 s 7 ins 2019 SL No. 128 s 4

8Eligibility criteria

An applicant is eligible for assistance under the scheme if the authority is satisfied—

(a)the applicant is a primary producer or business owner; and

(b)immediately before the eligible disaster, the applicant carried on a primary production enterprise or relevant business in the defined disaster area; and

(c)the primary production enterprise or relevant business has sustained exceptional damage as a direct result of the eligible disaster; and

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

(e)the applicant has not taken excessive risks in carrying on the primary production enterprise or relevant business; and

Example—

The authority is satisfied the applicant’s capital expenditure for the primary production enterprise or relevant business has not been excessive.

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

Example—

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

(g)with the assistance under the scheme, the applicant has reasonable prospects of carrying on or re-establishing the applicant’s primary production enterprise or relevant business on a viable basis; and

(h)for an applicant who is a business owner of a relevant business—

(i)the business has a critical supply chain relationship with another entity whose business activities have been adversely affected by the eligible disaster, whether or not the other entity’s business is carried on in the defined disaster area; and

(ii)the applicant will continue to carry on or re-establish the business at the same place or elsewhere in the local government area in which the business was carried on before the eligible disaster.

sch 8 s 8 prev sch 8 s 8 ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 s 8 ins 2019 SL No. 128 s 4

9Maximum amount of assistance

(1)The maximum amount of a loan that may be given to an applicant under the scheme is $1,000,000.

(2)However, if the applicant has received, or has been approved to receive, relevant assistance, the maximum amount of a loan that may be given to the applicant under the scheme is $1,000,000 less the total amount of the relevant assistance.

(3)In this section—

relevant assistance means assistance, under the scheme set out in schedule 2 or 3, in relation to the eligible disaster.

sch 8 s 9 prev sch 8 s 9 ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 s 9 ins 2019 SL No. 128 s 4

10Interest rates

(1)The interest charged on a loan given under the scheme must be calculated at a concessional interest rate decided by the authority.

(2)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 to a rate not more than a commercial rate of interest.

sch 8 s 10 prev sch 8 s 10 ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 s 10 ins 2019 SL No. 128 s 4

11Security

(1)If an applicant is given 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)any other security the authority considers necessary, including, for example, a crop lien or stock mortgage.

sch 8 s 11 prev sch 8 s 11 ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 s 11 ins 2019 SL No. 128 s 4

12Terms 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)During the first 2 years of the loan, the authority must defer repayments of principal and interest under the loan.

(3)From the start of the third year of the loan, the amounts of the repayments of principal and interest under the loan are the amounts decided by the authority.

(4)Despite subsection (3), the authority may grant the applicant an interest-only period for the loan of not more than 2 years.

sch 8 s 12 prev sch 8 s 12 ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 s 12 ins 2019 SL No. 128 s 4

13Requirements for applications

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

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

(b)be accompanied by the documents mentioned in the application form; and

(c)be received by the authority no later than 30 June 2021.

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

sch 8 s 13 prev sch 8 s 13 ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 s 13 ins 2019 SL No. 128 s 4

14Deciding applications

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

sch 8 s 14 prev sch 8 s 14 ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 s 14 ins 2019 SL No. 128 s 4

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

prev sch 8 ins 2014 SL No. 180 s 4

om 2019 SL No. 71 s 59 sch 1

pres sch 8 ins 2019 SL No. 128 s 4

section 3(1)

sch 9 hdg prev sch 9 hdg amd 2011 SL No. 192 s 5

om 2014 SL No. 51 s 6

pres sch 9 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.

sch 9 s 1 prev sch 9 s 1 om 2014 SL No. 51 s 6

pres sch 9 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.

sch 9 s 2 prev sch 9 s 2 om 2014 SL No. 51 s 6

pres sch 9 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.

sch 9 s 3 prev sch 9 s 3 om 2014 SL No. 51 s 6

pres sch 9 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.

sch 9 s 4 prev sch 9 s 4 om 2014 SL No. 51 s 6

pres sch 9 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.

sch 9 s 5 prev sch 9 s 5 om 2014 SL No. 51 s 6

pres sch 9 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.

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

pres sch 9 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.

sch 9 s 7 prev sch 9 s 7 om 2014 SL No. 51 s 6

pres sch 9 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.

sch 9 s 8 prev sch 9 s 8 om 2014 SL No. 51 s 6

pres sch 9 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.

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

pres sch 9 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.

sch 9 s 10 prev sch 9 s 10 om 2014 SL No. 51 s 6

pres sch 9 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.

sch 9 s 11 prev sch 9 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 sch 9 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.

sch 9 s 12 prev sch 9 s 12 om 2014 SL No. 51 s 6

pres sch 9 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.

sch 9 s 13 prev sch 9 s 13 om 2014 SL No. 51 s 6

pres sch 9 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.

sch 9 s 14 prev sch 9 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 sch 9 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 10 hdg prev sch 10 hdg amd 2011 SL No. 192 s 5

om 2014 SL No. 51 s 6

pres sch 10 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.

sch 10 s 1 prev sch 10 s 1 om 2014 SL No. 51 s 6

pres sch 10 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.

sch 10 s 2 prev sch 10 s 2 om 2014 SL No. 51 s 6

pres sch 10 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).

sch 10 s 3 prev sch 10 s 3 om 2014 SL No. 51 s 6

pres sch 10 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.

sch 10 s 4 prev sch 10 s 4 om 2014 SL No. 51 s 6

pres sch 10 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.

sch 10 s 5 prev sch 10 s 5 om 2014 SL No. 51 s 6

pres sch 10 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).

sch 10 s 6 prev sch 10 s 6 om 2014 SL No. 51 s 6

pres sch 10 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.

sch 10 s 7 prev sch 10 s 7 om 2014 SL No. 51 s 6

pres sch 10 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.

sch 10 s 8 prev sch 10 s 8 om 2014 SL No. 51 s 6

pres sch 10 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).

sch 10 s 9 prev sch 10 s 9 om 2014 SL No. 51 s 6

pres sch 10 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.

sch 10 s 10 prev sch 10 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 sch 10 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 11 hdg prev sch 11 hdg amd 2011 SL No. 192 s 5

om 2014 SL No. 51 s 6

pres sch 11 hdg ins 2019 SL No. 2 s 4

sch 11 pt 1 hdg prev sch 11 pt 1 hdg om 2014 SL No. 51 s 6

pres sch 11 pt 1 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.

sch 11 s 1 prev sch 11 s 1 om 2014 SL No. 51 s 6

pres sch 11 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.

sch 11 s 2 prev sch 11 s 2 om 2014 SL No. 51 s 6

pres sch 11 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.

sch 11 s 3 prev sch 11 s 3 om 2014 SL No. 51 s 6

pres sch 11 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.

sch 11 s 4 prev sch 11 s 4 om 2014 SL No. 51 s 6

pres sch 11 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.

sch 11 s 5 prev sch 11 s 5 om 2014 SL No. 51 s 6

pres sch 11 s 5 ins 2019 SL No. 2 s 4

sch 11 pt 2 hdg prev sch 11 pt 2 hdg om 2014 SL No. 51 s 6

pres sch 11 pt 2 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.

sch 11 s 6 prev sch 11 s 6 om 2014 SL No. 51 s 6

pres sch 11 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).

sch 11 s 7 prev sch 11 s 7 om 2014 SL No. 51 s 6

pres sch 11 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.

sch 11 s 8 prev sch 11 s 8 om 2014 SL No. 51 s 6

pres sch 11 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.

sch 11 s 9 prev sch 11 s 9 om 2014 SL No. 51 s 6

pres sch 11 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.

sch 11 s 10 prev sch 11 s 10 amd 2012 SL No. 11 s 5

om 2014 SL No. 51 s 6

pres sch 11 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.

sch 11 s 11 prev sch 11 s 11 om 2014 SL No. 51 s 6

pres sch 11 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(1)

sch 12 hdg prev sch 12 hdg amd 2011 SL No. 192 s 5

om 2014 SL No. 51 s 6

pres sch 12 hdg ins 2019 SL No. 157 s 4

sch 12 pt 1 hdg prev sch 12 pt 1 hdg om 2014 SL No. 51 s 6

pres sch 12 pt 1 hdg ins 2019 SL No. 157 s 4

1Objective of scheme

The objective of the scheme is to provide for assistance to eligible holders of eligible licences to use business improvement services or financial advocacy services for adjusting to changes in the taxi service industry or limousine service industry.

sch 12 s 1 prev sch 12 s 1 om 2014 SL No. 51 s 6

pres sch 12 s 1 ins 2019 SL No. 157 s 4

2Definitions

In this schedule—

applicant means a person applying for assistance under the scheme.

applicant group see section 12(1)(b).

booked hire service see the Transport Operations (Passenger Transport) Act 1994, schedule 3.

business improvement service, in relation to a taxi service or booked hire service, see section 4.

conditional approval, for assistance, means conditional approval given under section 7.

eligible holder, of an eligible licence, see section 3(1) or (2).

eligible licence means a taxi service licence, or a limousine licence other than a special purpose limousine licence, that—

(a)is in force and is not suspended under the Transport Operations (Passenger Transport) Act 1994; and

(b)was in force immediately before 11 August 2016.

eligible service means a business improvement service or financial advocacy service in relation to a taxi service or booked hire service.

final approval, for assistance, means final approval given under section 8.

financial advocacy service, in relation to a taxi service or booked hire service—

(a)means a service for helping the holder of an eligible licence providing the taxi service or booked hire service to deal directly with financial problems associated with providing the taxi service or booked hire service; but

Examples of types of financial advocacy services—

•negotiating with creditors

•giving advice about recovering debts

(b)does not include a legal service.

legal service means a legal service under the Legal Profession Act 2007.

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

notice means written notice.

scheme means the scheme set out in this schedule.

special purpose limousine licence see the Transport Operations (Passenger Transport) Act 1994, section 91I(5).

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

taxi service licence see the Transport Operations (Passenger Transport) Act 1994, schedule 3.

sch 12 s 2 prev sch 12 s 2 om 2014 SL No. 51 s 6

pres sch 12 s 2 ins 2019 SL No. 157 s 4

3Who is the eligible holder of an eligible licence

(1)A person is the eligible holder of an eligible licence for the scheme if the person—

(a)is registered in the licence register as the holder of the licence; and

(b)was the holder of the licence immediately before 11 August 2016.

(2)A person is also the eligible holder of an eligible licence for the scheme if—

(a)the licence was a relevant licence under the expired Taxi and Limousine Industry Assistance Scheme Regulation 2016, section 5; and

(b)either—

(i)the person was declared to be the relevant holder of the licence under section 7A of that regulation; or

(ii)the transport chief executive considers the person would be entitled to be declared to be the relevant holder of the licence under section 7A of that regulation if it were still in force.

(3)In this section—

licence register means the register of licences mentioned in the Transport Operations (Passenger Transport) Act 1994, section 91U.

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

sch 12 s 3 prev sch 12 s 3 om 2014 SL No. 51 s 6

pres sch 12 s 3 ins 2019 SL No. 157 s 4

4What is a business improvement service

(1)A business improvement service, in relation to a taxi service or booked hire service, is a service for improving the efficiency of the taxi service or booked hire service.

(2)A business improvement service may include any of the following—

(a)acquiring new equipment, including, for example, computer equipment;

(b)participating in training relevant to the taxi service industry or limousine service industry;

(c)obtaining advice relating to business, financial or strategic planning.

(3)However, a business improvement service does not include—

(a)a financial advocacy service; or

(b)a legal service; or

(c)acquiring equipment other than new equipment; or

(d)a service relating to—

(i)fitting or maintaining a vehicle security camera system; or

(ii)otherwise altering a vehicle.

(4)In this section—

equipment does not include—

(a)a vehicle; or

(b)a vehicle security camera system; or

(c)another part of a vehicle.

new equipment means equipment that has not previously been sold or used.

vehicle security camera system see the Transport Operations (Passenger Transport) Regulation 2018, schedule 9.

sch 12 s 4 prev sch 12 s 4 om 2014 SL No. 51 s 6

pres sch 12 s 4 ins 2019 SL No. 157 s 4

sch 12 pt 2 hdg prev sch 12 pt 2 hdg om 2014 SL No. 51 s 6

pres sch 12 pt 2 hdg ins 2019 SL No. 157 s 4

5Nature of assistance

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

(a)the cost of using a business improvement service, to the maximum amount under section 9 or 10(2); or

(b)the cost of using a financial advocacy service, to the maximum amount under section 10(3).

sch 12 s 5 prev sch 12 s 5 om 2014 SL No. 51 s 6

pres sch 12 s 5 ins 2019 SL No. 157 s 4

6Eligibility for conditional approval for assistance

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

(a)the applicant is the eligible holder of an eligible licence for providing a taxi service or booked hire service; and

(b)the applicant has applied for conditional approval for assistance to use an eligible service in relation to the taxi service or booked hire service; and

(c)the applicant using the eligible service is likely to improve the efficiency of, or otherwise provide a commercial benefit for, the taxi service or booked hire service; and

(d)the applicant has arranged, or will arrange, for the eligible service to be supplied by a person who is not a related entity for the applicant; and

(e)other than to the extent the eligible service involves the applicant acquiring equipment, the person providing the service has—

(i)the appropriate qualifications or experience to provide the service; or

(ii)membership of a professional body that entitles the person to provide the service; and

(f)the applicant has not paid all or part of the cost of using the eligible service; and

(g)the applicant is not the holder of an eligible licence for providing a taxi service or booked hire service for which assistance, or conditional or final approval for assistance, under the scheme has already been given.

(2)For subsection (1)(d), a person is a related entity for an applicant if—

(a)the person and the applicant are members of the same family; or

(b)the person is employed by the applicant or an entity owned or partially owned by the applicant; or

(c)the person and the applicant are related bodies corporate; or

(d)for a person that is a corporation, the applicant or a member of the applicant’s family—

(i)is a majority shareholder, director or secretary of—

(A)the corporation; or

(B)a related body corporate of the corporation; or

(ii)has an interest of 50% or more in the corporation.

(3)In this section—

family, for a person, means—

(a)the person’s spouse; or

(b)a parent, child, sibling, grandparent, aunt, uncle, cousin, nephew, niece or grandchild of the person or the person’s spouse; or

(c)the spouse of a person to whom paragraph (b) applies.

related body corporate see the Corporations Act, section 50.

sch 12 s 6 prev sch 12 s 6 om 2014 SL No. 51 s 6

pres sch 12 s 6 ins 2019 SL No. 157 s 4

7Conditional approval for assistance

(1)Subsection (2) applies if the authority is satisfied an applicant is eligible under section 6 for conditional approval for assistance to use an eligible service.

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

(3)The applicant must—

(a)use the eligible service after being given the notice under subsection (2); and

(b)apply for final approval for assistance for the use of the service no later than 31 July 2020.

sch 12 s 7 prev sch 12 s 7 om 2014 SL No. 51 s 6

pres sch 12 s 7 ins 2019 SL No. 157 s 4

8Final approval for assistance

(1)This section applies if—

(a)the authority has given an applicant conditional approval for assistance to use an eligible service; and

(b)the applicant has applied under section 7(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 use the eligible service if satisfied—

(a)the applicant has used the service in compliance with section 7(3)(a); and

(b)the applicant is otherwise still eligible for conditional approval for the assistance under section 6, other than section 6(1)(f).

sch 12 s 8 prev sch 12 s 8 om 2014 SL No. 51 s 6

pres sch 12 s 8 ins 2019 SL No. 157 s 4

9Amount and payment of assistance—applicant groups

(1)This section applies if—

(a)the members of an applicant group have applied for assistance under the scheme to use a business improvement service; and

(b)the authority has given conditional approval for the assistance for all members of the group; and

(c)the members of the group have applied for final approval for the assistance no later than 31 July 2020; and

(d)the authority has given final approval for the assistance for all members of the group.

(2)The authority must pay the least of the following amounts for the applicant group—

(a)50% of the cost of using the business improvement service;

(b)$5,000 for each eligible licence for providing a taxi service or booked hire service for which the members of the group have applied for assistance;

(c)$20,000.

(3)The authority must pay the amount of assistance under subsection (2) for the applicant group in the way it considers appropriate.

Example of a way of paying that may be considered appropriate—

paying the amount of the assistance to members of the group who have been nominated by the other members of the group to receive payment

sch 12 s 9 prev sch 12 s 9 amd 2012 SL No. 11 s 6 (1)

om 2014 SL No. 51 s 6

pres sch 12 s 9 ins 2019 SL No. 157 s 4

10Amount and payment of assistance—other applicants

(1)This section applies if the authority gives final approval for assistance for using an eligible service to an applicant, other than an applicant to whom section 9 relates.

(2)For assistance for using a business improvement service, the authority must pay the applicant the lesser of the following amounts—

(a)50% of the cost of using the business improvement service;

(b)$5,000.

(3)For assistance for using a financial advocacy service, the authority must pay the applicant the lesser of the following amounts—

(a)the cost of using the financial advocacy service;

(b)$5,000.

sch 12 s 10 prev sch 12 s 10 om 2014 SL No. 51 s 6

pres sch 12 s 10 ins 2019 SL No. 157 s 4

11Condition of assistance

(1)Payment of assistance under the scheme for the cost of using an eligible service is subject to the condition stated in subsection (2).

(2)The applicant must give the authority tax invoices for any amounts paid or payable by the applicant and official receipts for any amounts paid by the applicant for using the eligible service.

(3)In this section—

official receipt means a receipt for 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.

sch 12 s 11 prev sch 12 s 11 om 2014 SL No. 51 s 6

pres sch 12 s 11 ins 2019 SL No. 157 s 4

12Applications

(1)An application for conditional approval for assistance may be made by—

(a)a person as the eligible holder of a single eligible licence; or

(b)the members of a group of persons (an applicant group) as the eligible holders of different eligible licences.

(2)An applicant mentioned in subsection (1)(a) may apply for assistance to use only 1 of the following—

(a)a business improvement service;

(b)a financial advocacy service.

(3)An applicant mentioned in subsection (1)(b) may apply for assistance to use only a business improvement service.

(4)An application for conditional or final approval for assistance must—

(a)be in the form approved by the authority; and

(b)be accompanied by any other documents stated in the approved form.

(5)An application for final approval for assistance must be given to the authority no later than 31 July 2020.

sch 12 s 12 prev sch 12 s 12 om 2014 SL No. 51 s 6

pres sch 12 s 12 ins 2019 SL No. 157 s 4

13Deciding applications

(1)Subject to subsections (2) to (4), the authority must consider, and decide to approve or refuse, each application for assistance under the scheme.

(2)The authority must consider applications in the order they are received.

(3)The authority may ask an applicant for further relevant information required to decide an application.

(4)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.

sch 12 s 13 prev sch 12 s 13 amd 2012 SL No. 11 s 6 (2)

om 2014 SL No. 51 s 6

pres sch 12 s 13 ins 2019 SL No. 157 s 4

section 3(1)

sch 13 hdg prev sch 13 hdg amd 2011 SL No. 192 s 5

om 2014 SL No. 51 s 6

pres sch 13 hdg ins 2019 SL No. 158 s 4

sch 13 pt 1 hdg om 2014 SL No. 51 s 6

sch 13 pt 2 hdg om 2014 SL No. 51 s 6

1Objective of scheme

The objective of the scheme is to provide for assistance to primary producers for primary production enterprises in eligible areas to obtain eligible professional advice from an approved agricultural adviser.

sch 13 s 1 prev sch 13 s 1 om 2014 SL No. 51 s 6

pres sch 13 s 1 ins 2019 SL No. 158 s 4

2Definitions

In this schedule—

agricultural ERA standard see the Environmental Protection Act 1994, section 81(1).

sch 13 s 2 def agricultural ERA standard ins 2019 SL No. 234 s 28 (2)

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

approved agricultural adviser means a person—

(a)whom the authority considers has the appropriate qualifications and experience to give eligible professional advice; and

(b)who is listed on the authority’s website as an approved agricultural adviser.

eligible area means the following regions shown on the map, held by the environment department, called ‘Great Barrier Reef catchment and river basins’ dated 23 August 2018—

(a)the Wet Tropics Region;

(b)the Burdekin Region;

(c)the Mackay Whitsunday Region;

(d)the Fitzroy Region;

(e)the Burnett Mary Region.

sch 13 s 2 def eligible area sub 2019 SL No. 234 s 28 (1)–(2)

eligible professional advice means written advice about—

(a)managing nutrient and sediment pollution in the eligible area in a way—

(i)that contributes to achieving the targets for water quality improvement for the Great Barrier Reef under the Reef 2050 Water Quality Improvement Plan; and

(ii)that complies with an agricultural ERA standard that applies to the primary production enterprise to which the advice relates; and

(b)actions that may be taken to contribute to achieving the targets and complying with the standard.

sch 13 s 2 def eligible professional advice sub 2019 SL No. 234 s 28 (1)–(2)

environment department means the department in which the Environmental Protection Act 1994 is administered.

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, the partners in the partnership, shareholders in the company or the trustees 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)involving primary production in any of the following forms—

(i)cattle grazing;

(ii)cultivating bananas;

(iii)cultivating sugar cane; and

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

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

Reef 2050 Water Quality Improvement Plan means the plan called ‘Reef 2050 Water Quality Improvement Plan 2017–2022’, prepared by the Australian Government and Queensland Government.

Editor’s note—

The plan is published on the environment department’s website.

scheme means the scheme set out in this schedule.

sch 13 s 2 prev sch 13 s 2 om 2014 SL No. 51 s 6

pres sch 13 s 2 ins 2019 SL No. 158 s 4

3Nature of assistance

The nature of the assistance that may be given under the scheme is a rebate to offset the cost of obtaining eligible professional advice to the maximum amount under section 5.

sch 13 s 3 prev sch 13 s 3 om 2014 SL No. 51 s 6

pres sch 13 s 3 ins 2019 SL No. 158 s 4

4Eligibility criteria

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

(a)the applicant is a primary producer; and

(b)the applicant is carrying on a primary production enterprise on land that is substantially in the eligible area; and

(c)the applicant has been given eligible professional advice, no earlier than 1 year before the commencement, relevant to carrying on the primary production enterprise; and

(d)the applicant was a primary producer carrying on the primary production enterprise when the advice was given; and

(e)the person who gave the advice was an approved agricultural adviser when the applicant applied for the assistance; and

(f)when the advice was given, the approved agricultural adviser was not—

(i)related to the applicant; or

(ii)employed by an entity owned or partially owned by the applicant; and

(g)the applicant has paid for the advice; and

(h)assistance has not already been given under the scheme in relation to the primary production enterprise; and

(i)no other assistance from the Commonwealth or State has been given in relation to the primary production enterprise for improving water quality on land that is substantially in the eligible area.

(2)For subsection (1), land in a lot is substantially in the eligible area if more than 75% of the lot, or 20,000ha of land in the lot, is in the eligible area.

sch 13 s 4 prev sch 13 s 4 om 2014 SL No. 51 s 6

pres sch 13 s 4 ins 2019 SL No. 158 s 4

amd 2019 SL No. 234 s 28 (3)

5Amount of assistance

The amount of assistance payable under the scheme to an applicant who has obtained eligible professional advice is the lesser of—

(a)the cost of obtaining the advice; and

(b)$1,000.

sch 13 s 5 prev sch 13 s 5 om 2014 SL No. 51 s 6

pres sch 13 s 5 ins 2019 SL No. 158 s 4

6Applications

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

(a)made by the applicant in the form approved by the authority; and

(b)accompanied by—

(i)a copy of the eligible professional advice to which the application relates; and

(ii)a tax invoice and a document evidencing payment of the amount claimed by the applicant for the advice; and

(iii)a declaration signed by the approved agricultural adviser who gave the advice that complies with subsection (2); and

(iv)any other documents stated in the form.

(2)For subsection (1)(b)(iii), the declaration must state that the actions mentioned in the advice are consistent with—

(a)contributing to achieving the targets for water quality improvement for the Great Barrier Reef under the Reef 2050 Water Quality Improvement Plan; and

(b)an agricultural ERA standard that applies to the primary production enterprise to which the advice relates.

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

sch 13 s 6 prev sch 13 s 6 om 2014 SL No. 51 s 6

pres sch 13 s 6 ins 2019 SL No. 158 s 4

amd 2019 SL No. 234 s 28 (4)–(6)

7Deciding applications

(1)Subject to subsections (2) and (3), the authority must consider, and decide to approve or refuse to approve, each application for assistance.

(2)The authority must consider applications in the order they are received.

(3)The authority may approve an application only if the authority’s assistance funds for the scheme are sufficient to pay for the assistance.

sch 13 s 7 prev sch 13 s 7 om 2014 SL No. 51 s 6

pres sch 13 s 7 ins 2019 SL No. 158 s 4

section 3(1)

sch 14 hdg prev sch 14 hdg amd 2011 SL No. 192 s 5

om 2014 SL No. 51 s 6

pres sch 14 hdg ins 2019 SL No. 195 s 4

1Objective of scheme

The objective of the scheme is to provide financial assistance to eligible individuals and eligible proprietors for households that are, or are reasonably likely to be, directly affected by the waste levy.

2Definitions

In this schedule—

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

category 1 applicant means an applicant who is an eligible proprietor for a household.

category 2 applicant means an applicant who is an eligible individual for a household, other than a category 3 applicant or category 4 applicant.

category 3 applicant means an applicant who is an eligible individual for a household that occupies residential premises located within multi-dwelling premises that are primarily occupied for a holiday purpose.

category 4 applicant means an applicant who is an eligible individual for a household that occupies residential premises located within multi-dwelling premises the owner of which has refused to apply for assistance under the scheme for the household for the financial year to which the applicant’s application relates.

domestic waste means waste other than—

(a)commercial and industrial waste under the Waste Reduction and Recycling Act 2011, schedule; or

(b)construction and demolition waste under the Waste Reduction and Recycling Regulation 2011, schedule 9.

domestic waste service means a service for the collection and disposal of domestic waste.

eligible individual, for a household, see section 5(1) and (2).

eligible proprietor, for a household, see section 6(1) and (2).

household means 1 or more individuals who—

(a)occupy the same residential premises as a usual place of residence; and

(b)have occupied the premises for 6 months or more for that purpose.

multi-dwelling premises means 2 or more premises that have all of the following attributes—

(a)1 entity is the owner of all of the premises;

(b)all of the premises are generally regarded as constituting a group of premises, including, for example—

(i)2 or more separate flats, apartments or other units within 1 building; and

(ii)2 or more adjoining buildings; and

(iii)2 or more buildings that are separated by common areas owned, leased or otherwise managed by the entity mentioned in paragraph (a);

(c)at least 1 of the premises is residential premises.

non-levy zone see the Waste Reduction and Recycling Act 2011, section 26.

owner, of premises situated at a place, means—

(a)if the place is freehold land—the person who, under the Land Title Act 1994, is the registered owner of the place; or

(b)if the place is the subject of a lease under the Land Act 1994—the person who, under that Act, is registered as the lessee of the place; or

(c)otherwise—the entity that has responsibility for the care, control or management of the place.

residential premises means premises that are—

(a)occupied, or intended to be occupied, by 1 or more individuals as a usual place of residence; and

(b)generally regarded as a single unit private dwelling, including, for example—

(i)a house or townhouse; and

(ii)a flat, apartment or unit; and

(iii)a caravan or its site, or both the caravan and site; and

(iv)a room in a boarding house, hostel, lodging house or nursing home; and

(v)a houseboat.

scheme means the scheme set out in this schedule.

waste see the Environmental Protection Act 1994, section 13.

waste levy see the Waste Reduction and Recycling Act 2011, section 36.

waste levy zone see the Waste Reduction and Recycling Act 2011, section 26.

3Nature of assistance

(1)The nature of assistance that may be given under the scheme is a payment of an amount to an applicant who is an eligible individual, or an eligible proprietor, for a household for a financial year.

(2)The amount of the payment is worked out under section 8.

4Period of scheme

The authority may give assistance under the scheme for each financial year during the period starting on 1 July 2019 and ending on 30 June 2022.

5Eligibility criteria—eligible individuals

(1)An applicant is an eligible individual, for a household, if the authority is satisfied—

(a)the applicant is an individual who is, or is part of, the household; and

(b)a domestic waste service is provided to the household by an entity, other than a local government, under a commercial arrangement; and

(c)the household is, or is reasonably likely to be, directly affected by the waste levy because of the domestic waste service.

(2)Also, an applicant is an eligible individual, for a household, if the authority is satisfied—

(a)the applicant is an individual who is, or is part of, the household; and

(b)the applicant occupies residential premises located within multi-dwelling premises; and

(c)a domestic waste service is provided to the household by a local government or an entity mentioned in subsection (1)(b); and

(d)the household is, or is reasonably likely to be, directly affected by the waste levy because of the domestic waste service.

(3)This section is subject to section 7.

6Eligibility criteria—eligible proprietors

(1)An applicant is an eligible proprietor, for a household, if the authority is satisfied—

(a)the applicant is the owner of residential premises occupied by the household; and

(b)the applicant is not part of the household; and

(c)the household is, or is reasonably likely to be, directly affected by the waste levy because of a domestic waste service provided to the household.

(2)Also, an applicant is an eligible proprietor, for a household, if the authority is satisfied—

(a)the applicant is the owner of multi-dwelling premises; and

(b)the household occupies residential premises located within the multi-dwelling premises; and

(c)the household is, or is reasonably likely to be, directly affected by the waste levy because of a domestic waste service provided to the household.

(3)This section is subject to section 7.

7Other eligibility criteria

(1)For an applicant to be an eligible individual or eligible proprietor for a household, in relation to assistance for a financial year, the authority must also be satisfied that—

(a)no assistance has previously been paid for the household for the financial year; and

(b)the household does not occupy residential premises in a local government area in relation to which an annual payment has been made for the financial year; and

(c)the application relates to a domestic waste service that is provided to the household for waste generated only by the household.

(2)For sections 5(1)(c) and (2)(d) and 6(1)(c) and (2)(c), the authority must have regard to the following matters for deciding whether a household is, or is reasonably likely to be, directly affected by the waste levy—

(a)whether the household occupies residential premises located in the waste levy zone;

(b)whether domestic waste collected from the residential premises occupied by the household is disposed of in the waste levy zone.

(3)In this section—

annual payment means an annual payment under the Waste Reduction and Recycling Act 2011, section 73D(1) or another payment for a similar purpose made to a local government affected by the waste levy.

8Amount of payment

(1)For a category 1 applicant or category 2 applicant, the amount of the payment under the scheme for a financial year is worked out using the following formula—

      where—

P is the amount of the payment.

A is the total capacity of bins used for domestic waste at the following premises, calculated with reference to the frequency of waste collection at the premises during the financial year—

(a)if the household to which the application relates occupies residential premises located within multi-dwelling premises—the multi-dwelling premises;

(b)otherwise—the residential premises occupied by the household.

W is 0.0592.

Note—

0.0592 is the average deemed weight to volume ratio.

L is the waste levy rate for other levyable waste for the financial year under the Waste Reduction and Recycling Regulation 2011, schedule 1.

B is—

(a)if the household to which the application relates occupies residential premises located within multi-dwelling premises—the proportion of the number of residential premises occupied by households to the total number of premises located within the multi-dwelling premises; or

(b)otherwise—1.

(2)For a category 3 applicant or category 4 applicant, the amount of the payment under the scheme for a financial year is worked out using the following formula—

      where—

P is the amount of the payment.

A is 14.2kg.

Note—

14.2kg is the weekly average waste amount.

L is the waste levy rate for other levyable waste for the financial year under the Waste Reduction and Recycling Regulation 2011, schedule 1.

9Applications

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

(a)be in the form approved by the authority; and

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

(c)be accompanied by evidence of—

(i)the address of the residential premises for the household to which the application relates; and

(ii)the matters stated for the applicant under section 10; and

(d)be given to the authority not later than 30 June 2022.

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