{"id":"qld:sl-2011-0155","name":"Rural and Regional Adjustment Regulation 2011","slug":"rural-and-regional-adjustment-regulation-2011","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"155 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175710,"registerId":"qld-qld:sl-2011-0155-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Rural and Regional Adjustment Regulation 2011 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definition","content":"### sec.2 Definition\n\nIn this regulation—\nrepealed regulation means the repealed Rural and Regional Adjustment Regulation 2000 .","sortOrder":2},{"sectionNumber":"pt.1A","sectionType":"part","heading":"Functions of authority","content":"# Functions of authority","sortOrder":3},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Authority’s functions— Act , s 8","content":"### sec.2A Authority’s functions— Act , s 8\n\nFor section 8 (2) (j) of the Act , this section prescribes another function of the authority.\nThe authority has the function of helping QTC to administer the boost to buy scheme by providing the agreed services in accordance with the service level agreement, including by acting as the agent of QTC.\nIn this section—\nagreed services means the services the authority is required to provide under the service level agreement.\nboost to buy scheme means the non-statutory home ownership assistance initiative defined in the service level agreement as the Scheme.\nQTC means the corporation sole mentioned in the Queensland Treasury Corporation Act 1988 , section 5 (2) as preserved and continued in existence under the name and style ‘Queensland Treasury Corporation’.\nservice level agreement —\nmeans the agreement made between the State of Queensland (acting through Queensland Treasury), QTC and the authority called ‘Service Level Agreement: Queensland Boost to Buy Scheme’ that is published on the authority’s website on the day this section commences; but\ndoes not include a reference to the agreement mentioned in paragraph (a) as varied, novated, ratified or replaced from time to time.\ns 2A ins 2025 SL No. 164 s 3\n(sec.2A-ssec.1) For section 8 (2) (j) of the Act , this section prescribes another function of the authority.\n(sec.2A-ssec.2) The authority has the function of helping QTC to administer the boost to buy scheme by providing the agreed services in accordance with the service level agreement, including by acting as the agent of QTC.\n(sec.2A-ssec.3) In this section— agreed services means the services the authority is required to provide under the service level agreement. boost to buy scheme means the non-statutory home ownership assistance initiative defined in the service level agreement as the Scheme. QTC means the corporation sole mentioned in the Queensland Treasury Corporation Act 1988 , section 5 (2) as preserved and continued in existence under the name and style ‘Queensland Treasury Corporation’. service level agreement — means the agreement made between the State of Queensland (acting through Queensland Treasury), QTC and the authority called ‘Service Level Agreement: Queensland Boost to Buy Scheme’ that is published on the authority’s website on the day this section commences; but does not include a reference to the agreement mentioned in paragraph (a) as varied, novated, ratified or replaced from time to time.\n- (a) means the agreement made between the State of Queensland (acting through Queensland Treasury), QTC and the authority called ‘Service Level Agreement: Queensland Boost to Buy Scheme’ that is published on the authority’s website on the day this section commences; but\n- (b) does not include a reference to the agreement mentioned in paragraph (a) as varied, novated, ratified or replaced from time to time.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Approved assistance schemes","content":"# Approved assistance schemes","sortOrder":5},{"sectionNumber":"sec.3","sectionType":"section","heading":"Approval of schemes— Act , s 11","content":"### sec.3 Approval of schemes— Act , s 11\n\nFor section 11 (1) (c) of the Act , each scheme set out in a schedule, other than schedule 16 , is approved.\nFor section 11 (4) of the Act , each scheme mentioned in schedule 16 is approved.\ns 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\nSL 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 ; 2022 SL No. 89 s 4 ; 2022 SL No. 90 s 4 ; 2022 SL No. 105 s 4 ; 2022 SL No. 137 s 5 ; 2022 SL No. 138 s 4\nsub 2023 SL No. 35 s 3\n(sec.3-ssec.1) For section 11 (1) (c) of the Act , each scheme set out in a schedule, other than schedule 16 , is approved.\n(sec.3-ssec.2) For section 11 (4) of the Act , each scheme mentioned in schedule 16 is approved.","sortOrder":6},{"sectionNumber":"pt.3","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":7},{"sectionNumber":"sec.4","sectionType":"section","heading":"Repeal of regulation","content":"### sec.4 Repeal of regulation\n\nThe Rural and Regional Adjustment Regulation 2000 , SL No. 124 is repealed.","sortOrder":8},{"sectionNumber":"pt.4","sectionType":"part","heading":"Savings and transitional provisions","content":"# Savings and transitional provisions","sortOrder":9},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Transitional provisions for SL No. 155 of 2011","content":"## Transitional provisions for SL No. 155 of 2011","sortOrder":10},{"sectionNumber":"sec.5","sectionType":"section","heading":"Saving of operation of particular schemes and other provisions under repealed regulation","content":"### sec.5 Saving of operation of particular schemes and other provisions under repealed regulation\n\nThis section applies to the following provisions (each a saved provision ) of the repealed regulation—\npart 5, divisions 2, 3 and 4;\nthe schedule, parts 1, 2, 6, 9, 10, 13 to 17 and 19 to 27.\nEach saved provision—\nis a law to which the Acts Interpretation Act 1954 , section 20A applies; and\ncontinues to apply to the things mentioned in it as if the repealed regulation had not been repealed.\n(sec.5-ssec.1) This section applies to the following provisions (each a saved provision ) of the repealed regulation— part 5, divisions 2, 3 and 4; the schedule, parts 1, 2, 6, 9, 10, 13 to 17 and 19 to 27.\n(sec.5-ssec.2) Each saved provision— is a law to which the Acts Interpretation Act 1954 , section 20A applies; and continues to apply to the things mentioned in it as if the repealed regulation had not been repealed.\n- (a) part 5, divisions 2, 3 and 4;\n- (b) the schedule, parts 1, 2, 6, 9, 10, 13 to 17 and 19 to 27.\n- (a) is a law to which the Acts Interpretation Act 1954 , section 20A applies; and\n- (b) continues to apply to the things mentioned in it as if the repealed regulation had not been repealed.","sortOrder":11},{"sectionNumber":"sec.6","sectionType":"section","heading":"Continuation of particular schemes for particular purposes","content":"### sec.6 Continuation of particular schemes for particular purposes\n\nThis section applies if—\nbefore 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\nimmediately before the commencement, any of the following applied—\nthe application had not been decided;\nthe authority had approved assistance for the person under the scheme and the person had not been given all of the assistance;\nthe scheme had otherwise not been fully administered in relation to the person.\nThe 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.\nIn this section—\ncommencement means commencement of this section.\ns 6 amd 2011 SL No. 192 s 4\n(sec.6-ssec.1) This section applies if— 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 immediately before the commencement, any of the following applied— the application had not been decided; the authority had approved assistance for the person under the scheme and the person had not been given all of the assistance; the scheme had otherwise not been fully administered in relation to the person.\n(sec.6-ssec.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.\n(sec.6-ssec.3) In this section— commencement means commencement of this section.\n- (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\n- (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.\n- (i) the application had not been decided;\n- (ii) the authority had approved assistance for the person under the scheme and the person had not been given all of the assistance;\n- (iii) the scheme had otherwise not been fully administered in relation to the person.\n- (i) the application had not been decided;\n- (ii) the authority had approved assistance for the person under the scheme and the person had not been given all of the assistance;\n- (iii) the scheme had otherwise not been fully administered in relation to the person.","sortOrder":12},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 1) 2013","content":"## Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 1) 2013","sortOrder":13},{"sectionNumber":"sec.7","sectionType":"section","heading":"References to eligible natural disaster","content":"### sec.7 References to eligible natural disaster\n\nIn a document, a reference to an eligible natural disaster may, if the context permits, be taken to be a reference to an eligible disaster.\ns 7 ins 2013 SL No. 19 s 5","sortOrder":14},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 2) 2014","content":"## Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 2) 2014","sortOrder":15},{"sectionNumber":"sec.8","sectionType":"section","heading":"Saving of operation of particular schedules","content":"### sec.8 Saving of operation of particular schedules\n\nSchedules 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.\ns 8 ins 2014 SL No. 51 s 4","sortOrder":16},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 3) 2014","content":"## Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 3) 2014","sortOrder":17},{"sectionNumber":"sec.9","sectionType":"section","heading":"Saving of operation of provision of sch 1 for particular purpose","content":"### sec.9 Saving of operation of provision of sch 1 for particular purpose\n\nThis section applies to an application for assistance under the scheme mentioned in schedule 1 if—\nthe application was made before the commencement; and\nimmediately before the commencement, the application had not been decided.\nSection 10 of the schedule, as in force immediately before the commencement, continues to apply for deciding the application.\nIn this section—\ncommencement means commencement of this section.\ns 9 ins 2014 SL No. 92 s 4\n(sec.9-ssec.1) This section applies to an application for assistance under the scheme mentioned in schedule 1 if— the application was made before the commencement; and immediately before the commencement, the application had not been decided.\n(sec.9-ssec.2) Section 10 of the schedule, as in force immediately before the commencement, continues to apply for deciding the application.\n(sec.9-ssec.3) In this section— commencement means commencement of this section.\n- (a) the application was made before the commencement; and\n- (b) immediately before the commencement, the application had not been decided.","sortOrder":18},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 2) 2015","content":"## Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 2) 2015","sortOrder":19},{"sectionNumber":"sec.10","sectionType":"section","heading":"Special provision for TC Marcia","content":"### sec.10 Special provision for TC Marcia\n\nExisting 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.\nTo 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.\nIn this section—\neligible disaster means an eligible disaster under schedule 23, section 4 as in force before the commencement.\nexisting , for schedule 23 or a provision of schedule 23, means the schedule or provision as in force immediately before the commencement.\nspecial disaster assistance scheme means the scheme under existing schedule 23.\nTC 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.\ns 10 ins 2015 SL No. 74 s 3\n(sec.10-ssec.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.\n(sec.10-ssec.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.\n(sec.10-ssec.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.","sortOrder":20},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Transitional provision for Rural and Regional Adjustment (White Spot Disease Concessional Loan Scheme) Amendment Regulation 2017","content":"## Transitional provision for Rural and Regional Adjustment (White Spot Disease Concessional Loan Scheme) Amendment Regulation 2017","sortOrder":21},{"sectionNumber":"sec.11","sectionType":"section","heading":"Change of interest rate","content":"### sec.11 Change of interest rate\n\nThe 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.\ns 11 ins 2017 SL No. 123 s 4","sortOrder":22},{"sectionNumber":"pt.4-div.7","sectionType":"division","heading":"Transitional provisions for Rural and Regional Adjustment (Disaster Assistance Schemes) Amendment Regulation 2018","content":"## Transitional provisions for Rural and Regional Adjustment (Disaster Assistance Schemes) Amendment Regulation 2018","sortOrder":23},{"sectionNumber":"sec.12","sectionType":"section","heading":"References to former names of approved assistance schemes","content":"### sec.12 References to former names of approved assistance schemes\n\nA 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.\nColumn 1\nColumn 2\nNatural Disaster Relief (Primary Producers) Scheme\nDisaster Assistance (Primary Producers) Loan Scheme\nNatural Disaster Relief (Small Business) Scheme\nDisaster Assistance (Small Business) Loans Scheme\nNatural Disaster Relief (Essential Working Capital) Scheme\nDisaster Assistance (Essential Working Capital) Loans Scheme\nNatural Disaster Relief (Non-profit Organisations) Scheme\nDisaster Assistance (Non-profit Organisations) Loans Scheme\nNatural Disaster Recovery Grants Scheme\nSpecial Disaster Assistance Recovery Grants Scheme\ns 12 ins 2018 SL No. 172 s 3\n(sec.12-ssec) 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","sortOrder":24},{"sectionNumber":"sec.13","sectionType":"section","heading":"Undecided applications for assistance under particular schemes","content":"### sec.13 Undecided applications for assistance under particular schemes\n\nThis section applies if—\nbefore the commencement, an application for assistance was made under any of the following provisions—\nschedule 2, section 12;\nschedule 3, section 10;\nschedule 21, section 12;\nschedule 23, section 23; and\nimmediately before the commencement, the application had not been decided.\nThe 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—\nfor an application under schedule 2, section 12—schedule 2;\nfor an application under schedule 3, section 10—schedule 3;\nfor an application under schedule 21, section 12—schedule 21;\nfor an application under schedule 23, section 23—schedule 23.\ns 13 ins 2018 SL No. 172 s 3\n(sec.13-ssec.1) This section applies if— before the commencement, an application for assistance was made under any of the following provisions— schedule 2, section 12; schedule 3, section 10; schedule 21, section 12; schedule 23, section 23; and immediately before the commencement, the application had not been decided.\n(sec.13-ssec.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— for an application under schedule 2, section 12—schedule 2; for an application under schedule 3, section 10—schedule 3; for an application under schedule 21, section 12—schedule 21; for an application under schedule 23, section 23—schedule 23.\n- (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\n- (i) schedule 2, section 12;\n- (ii) schedule 3, section 10;\n- (iii) schedule 21, section 12;\n- (iv) schedule 23, section 23; and\n- (b) immediately before the commencement, the application had not been decided.\n- (i) schedule 2, section 12;\n- (ii) schedule 3, section 10;\n- (iii) schedule 21, section 12;\n- (iv) schedule 23, section 23; and\n- (a) for an application under schedule 2, section 12—schedule 2;\n- (b) for an application under schedule 3, section 10—schedule 3;\n- (c) for an application under schedule 21, section 12—schedule 21;\n- (d) for an application under schedule 23, section 23—schedule 23.","sortOrder":25},{"sectionNumber":"sec.14","sectionType":"section","heading":"Loan terms and repayments under particular schemes","content":"### sec.14 Loan terms and repayments under particular schemes\n\nThis section applies if—\nbefore the commencement, an applicant had been given a loan under any of the following provisions—\nschedule 2, section 5;\nschedule 3, section 5;\nschedule 7, section 6;\nschedule 21, section 5; and\nimmediately before the commencement, the loan had not been repaid.\nThe 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—\nfor a loan under schedule 2, section 5—schedule 2, section 10(5);\nfor a loan under schedule 3, section 5—schedule 3, section 9(6);\nfor a loan under schedule 7, section 6—schedule 7, section 10(2) and (3);\nfor a loan under schedule 21, section 5—schedule 21, section 10(2) and (3).\nSchedule 21, section 10(3) does not apply in relation to a loan under schedule 21, section 5 mentioned in subsection (1).\nTo 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.\ns 14 ins 2018 SL No. 172 s 3\n(sec.14-ssec.1) This section applies if— before the commencement, an applicant had been given a loan under any of the following provisions— schedule 2, section 5; schedule 3, section 5; schedule 7, section 6; schedule 21, section 5; and immediately before the commencement, the loan had not been repaid.\n(sec.14-ssec.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— for a loan under schedule 2, section 5—schedule 2, section 10(5); for a loan under schedule 3, section 5—schedule 3, section 9(6); for a loan under schedule 7, section 6—schedule 7, section 10(2) and (3); for a loan under schedule 21, section 5—schedule 21, section 10(2) and (3).\n(sec.14-ssec.3) Schedule 21, section 10(3) does not apply in relation to a loan under schedule 21, section 5 mentioned in subsection (1).\n(sec.14-ssec.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.\n- (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\n- (i) schedule 2, section 5;\n- (ii) schedule 3, section 5;\n- (iii) schedule 7, section 6;\n- (iv) schedule 21, section 5; and\n- (b) immediately before the commencement, the loan had not been repaid.\n- (i) schedule 2, section 5;\n- (ii) schedule 3, section 5;\n- (iii) schedule 7, section 6;\n- (iv) schedule 21, section 5; and\n- (a) for a loan under schedule 2, section 5—schedule 2, section 10(5);\n- (b) for a loan under schedule 3, section 5—schedule 3, section 9(6);\n- (c) for a loan under schedule 7, section 6—schedule 7, section 10(2) and (3);\n- (d) for a loan under schedule 21, section 5—schedule 21, section 10(2) and (3).","sortOrder":26},{"sectionNumber":"pt.4-div.8","sectionType":"division","heading":"Transitional provision for Rural and Regional Adjustment (Variation of Special Disaster Assistance Recovery Grants Scheme) Amendment Regulation 2021","content":"## Transitional provision for Rural and Regional Adjustment (Variation of Special Disaster Assistance Recovery Grants Scheme) Amendment Regulation 2021","sortOrder":27},{"sectionNumber":"sec.15","sectionType":"section","heading":"Exceptional circumstances grants for eligible disasters before commencement","content":"### sec.15 Exceptional circumstances grants for eligible disasters before commencement\n\nThis section applies if—\nbefore the commencement, the Minister published an assistance establishment notice for an eligible disaster; and\nthe stated closing day in the assistance establishment notice was after the day of the commencement; and\nafter 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.\nSchedule 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—\nmade, but not decided, before the day the amendment mentioned in subsection (1)(c) takes effect; or\nmade on or after the day the amendment mentioned in subsection (1)(c) takes effect.\nTerms defined in schedule 23 and used in this section have the same meanings as they have in schedule 23.\ns 15 ins 2021 SL No. 103 s 3\n(sec.15-ssec.1) This section applies if— before the commencement, the Minister published an assistance establishment notice for an eligible disaster; and the stated closing day in the assistance establishment notice was after the day of the commencement; and 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.\n(sec.15-ssec.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— made, but not decided, before the day the amendment mentioned in subsection (1)(c) takes effect; or made on or after the day the amendment mentioned in subsection (1)(c) takes effect.\n(sec.15-ssec.3) Terms defined in schedule 23 and used in this section have the same meanings as they have in schedule 23.\n- (a) before the commencement, the Minister published an assistance establishment notice for an eligible disaster; and\n- (b) the stated closing day in the assistance establishment notice was after the day of the commencement; and\n- (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.\n- (a) made, but not decided, before the day the amendment mentioned in subsection (1)(c) takes effect; or\n- (b) made on or after the day the amendment mentioned in subsection (1)(c) takes effect.","sortOrder":28},{"sectionNumber":"pt.4-div.9","sectionType":"division","heading":"Transitional provision for Rural and Regional Adjustment (Variation of COVID-19 Business Support Grants Scheme (August 2021)) Amendment Regulation 2021","content":"## Transitional provision for Rural and Regional Adjustment (Variation of COVID-19 Business Support Grants Scheme (August 2021)) Amendment Regulation 2021","sortOrder":29},{"sectionNumber":"sec.16","sectionType":"section","heading":"Application of increased amount of assistance","content":"### sec.16 Application of increased amount of assistance\n\nSchedule 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.\nIn this section—\namendment regulation means the Rural and Regional Adjustment (Variation of COVID-19 Business Support Grants Scheme (August 2021)) Amendment Regulation 2021 .\ns 16 ins 2021 SL No. 110 s 3\n(sec.16-ssec.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.\n(sec.16-ssec.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 .","sortOrder":30},{"sectionNumber":"pt.4-div.10","sectionType":"division","heading":"Transitional provision for Rural and Regional Adjustment (COVID-19 Marine Tourism Assistance Scheme—Round 2) Amendment Regulation 2021","content":"## Transitional provision for Rural and Regional Adjustment (COVID-19 Marine Tourism Assistance Scheme—Round 2) Amendment Regulation 2021","sortOrder":31},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application of particular former provisions","content":"### sec.17 Application of particular former provisions\n\nThis section applies in relation to either of the following under round 1 of the scheme set out in schedule 18—\nan application for assistance made before the commencement, if the application had not been decided immediately before the commencement;\na payment of assistance, whether the payment is made before or after the commencement.\nFor deciding the application or making the payment of assistance—\nthe 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\na 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.\nIn this section—\nformer , for a provision of this regulation, means the provision as in force from time to time before the commencement.\nrelevant former provision means each of the following provisions—\nformer schedule 18, section 2, definition COVID travel restrictions ;\nformer schedule 18, section 4;\nformer schedule 18, sections 6 to 10.\ns 17 ins 2021 SL No. 134 s 4\n(sec.17-ssec.1) This section applies in relation to either of the following under round 1 of the scheme set out in schedule 18— an application for assistance made before the commencement, if the application had not been decided immediately before the commencement; a payment of assistance, whether the payment is made before or after the commencement.\n(sec.17-ssec.2) For deciding the application or making the payment of assistance— 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 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.\n(sec.17-ssec.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— former schedule 18, section 2, definition COVID travel restrictions ; former schedule 18, section 4; former schedule 18, sections 6 to 10. s 17 ins 2021 SL No. 134 s 4\n- (a) an application for assistance made before the commencement, if the application had not been decided immediately before the commencement;\n- (b) a payment of assistance, whether the payment is made before or after the commencement.\n- (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\n- (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.\n- (a) former schedule 18, section 2, definition COVID travel restrictions ;\n- (b) former schedule 18, section 4;\n- (c) former schedule 18, sections 6 to 10.","sortOrder":32},{"sectionNumber":"pt.4-div.11","sectionType":"division","heading":"Transitional provision for Rural and Regional Adjustment (Variation of Rural Economic Development Grants Scheme) Amendment Regulation 2021","content":"## Transitional provision for Rural and Regional Adjustment (Variation of Rural Economic Development Grants Scheme) Amendment Regulation 2021","sortOrder":33},{"sectionNumber":"sec.18","sectionType":"section","heading":"Continuation of maximum amount of assistance","content":"### sec.18 Continuation of maximum amount of assistance\n\nThis section applies in relation to a grant of financial assistance given under the scheme mentioned in schedule 32 if—\nthe application for the assistance was approved before the commencement; and\nthe amount of the grant was greater than $200,000; and\nimmediately before the commencement, the authority had not paid the full amount of the grant.\nSchedule 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.\ns 18 ins 2021 SL No. 149 s 3\n(sec.18-ssec.1) This section applies in relation to a grant of financial assistance given under the scheme mentioned in schedule 32 if— the application for the assistance was approved before the commencement; and the amount of the grant was greater than $200,000; and immediately before the commencement, the authority had not paid the full amount of the grant.\n(sec.18-ssec.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.\n- (a) the application for the assistance was approved before the commencement; and\n- (b) the amount of the grant was greater than $200,000; and\n- (c) immediately before the commencement, the authority had not paid the full amount of the grant.","sortOrder":34},{"sectionNumber":"pt.4-div.12","sectionType":"division","heading":"Transitional provision for Rural and Regional Adjustment (Variation of Work in Paradise Incentive Scheme) Amendment Regulation 2021","content":"## Transitional provision for Rural and Regional Adjustment (Variation of Work in Paradise Incentive Scheme) Amendment Regulation 2021","sortOrder":35},{"sectionNumber":"sec.19","sectionType":"section","heading":"Existing applications for assistance","content":"### sec.19 Existing applications for assistance\n\nThis section applies if, before the commencement, an application for assistance under the scheme set out in schedule 36 was made but not decided.\nSchedule 36, as amended by the Rural and Regional Adjustment (Variation of Work in Paradise Incentive Scheme) Amendment Regulation 2021 , applies to the application.\ns 19 ins 2021 SL No. 175 s 3\n(sec.19-ssec.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.\n(sec.19-ssec.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.","sortOrder":36},{"sectionNumber":"pt.4-div.13","sectionType":"division","heading":"Transitional provision for Rural and Regional Adjustment (Drought-related Assistance Schemes) Amendment Regulation 2022","content":"## Transitional provision for Rural and Regional Adjustment (Drought-related Assistance Schemes) Amendment Regulation 2022","sortOrder":37},{"sectionNumber":"sec.20","sectionType":"section","heading":"Existing applications for assistance","content":"### sec.20 Existing applications for assistance\n\nThis section applies if, before the commencement, an application for assistance under the scheme set out in schedule 39 was made but not decided.\nSchedule 39, as amended by the Rural and Regional Adjustment (Drought-related Assistance Schemes) Amendment Regulation 2022 , applies to the application.\ns 20 ins 2022 SL No. 15 s 4\n(sec.20-ssec.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.\n(sec.20-ssec.2) Schedule 39, as amended by the Rural and Regional Adjustment (Drought-related Assistance Schemes) Amendment Regulation 2022 , applies to the application.","sortOrder":38},{"sectionNumber":"pt.4-div.14","sectionType":"division","heading":"Transitional provision for Rural and Regional Adjustment (Variation of Tourism Business Professional Advice Rebate Scheme) Amendment Regulation 2022","content":"## Transitional provision for Rural and Regional Adjustment (Variation of Tourism Business Professional Advice Rebate Scheme) Amendment Regulation 2022","sortOrder":39},{"sectionNumber":"sec.21","sectionType":"section","heading":"Existing applications for assistance","content":"### sec.21 Existing applications for assistance\n\nThis section applies if, before the commencement, an application for assistance under the scheme set out in schedule 19 was made but not decided.\nSchedule 19, as amended by the Rural and Regional Adjustment (Variation of Tourism Business Professional Advice Rebate Scheme) Amendment Regulation 2022 , applies to the application.\ns 21 ins 2022 SL No. 35 s 3\n(sec.21-ssec.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.\n(sec.21-ssec.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.","sortOrder":40},{"sectionNumber":"pt.4-div.15","sectionType":"division","heading":"Validation provision for Rural and Regional Adjustment (Variation of Tourism and Hospitality Sector Hardship Grants Scheme) Amendment Regulation 2022","content":"## Validation provision for Rural and Regional Adjustment (Variation of Tourism and Hospitality Sector Hardship Grants Scheme) Amendment Regulation 2022","sortOrder":41},{"sectionNumber":"sec.22","sectionType":"section","heading":"Validation of particular sch 38 applications received by authority","content":"### sec.22 Validation of particular sch 38 applications received by authority\n\nThis section applies if—\nbefore the commencement, an entity (the applicant ) made an application for a part 2 first payment (the part 2 first payment application ); and\nbefore the commencement, either—\nthe authority decided to approve the part 2 first payment application; or\nthe 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\nthe 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\na part 2 first payment had not been made to the applicant before the applicant purportedly made the part 2 second payment application.\nDespite 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.\nTerms defined in schedule 38 and used in this section have the same meanings as they have in schedule 38.\ns 22 ins 2022 SL No. 36 s 3\n(sec.22-ssec.1) This section applies if— before the commencement, an entity (the applicant ) made an application for a part 2 first payment (the part 2 first payment application ); and before the commencement, either— the authority decided to approve the part 2 first payment application; or 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 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 a part 2 first payment had not been made to the applicant before the applicant purportedly made the part 2 second payment application.\n(sec.22-ssec.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.\n(sec.22-ssec.3) Terms defined in schedule 38 and used in this section have the same meanings as they have in schedule 38.\n- (a) before the commencement, an entity (the applicant ) made an application for a part 2 first payment (the part 2 first payment application ); and\n- (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\n- (i) the authority decided to approve the part 2 first payment application; or\n- (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\n- (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\n- (d) a part 2 first payment had not been made to the applicant before the applicant purportedly made the part 2 second payment application.\n- (i) the authority decided to approve the part 2 first payment application; or\n- (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","sortOrder":42},{"sectionNumber":"pt.4-div.16","sectionType":"division","heading":"Transitional provisions for Rural and Regional Adjustment (Natural Disaster-related Assistance Schemes) Amendment Regulation 2022","content":"## Transitional provisions for Rural and Regional Adjustment (Natural Disaster-related Assistance Schemes) Amendment Regulation 2022","sortOrder":43},{"sectionNumber":"sec.23","sectionType":"section","heading":"Existing applications for assistance—sch 39","content":"### sec.23 Existing applications for assistance—sch 39\n\nThis section applies if an application for assistance under the scheme set out in schedule 39 was made but not decided before the commencement.\nSchedule 39, as amended by the Rural and Regional Adjustment (Natural Disaster-related Assistance Schemes) Amendment Regulation 2022 , applies to the application.\ns 23 ins 2022 SL No. 138 s 5\n(sec.23-ssec.1) This section applies if an application for assistance under the scheme set out in schedule 39 was made but not decided before the commencement.\n(sec.23-ssec.2) Schedule 39, as amended by the Rural and Regional Adjustment (Natural Disaster-related Assistance Schemes) Amendment Regulation 2022 , applies to the application.","sortOrder":44},{"sectionNumber":"sec.24","sectionType":"section","heading":"Existing applications for assistance—sch 40","content":"### sec.24 Existing applications for assistance—sch 40\n\nThis section applies if an application for assistance under the scheme set out in schedule 40 was made but not decided before the commencement.\nSchedule 40, as amended by the Rural and Regional Adjustment (Natural Disaster-related Assistance Schemes) Amendment Regulation 2022 , applies to the application.\ns 24 ins 2022 SL No. 138 s 5\n(sec.24-ssec.1) This section applies if an application for assistance under the scheme set out in schedule 40 was made but not decided before the commencement.\n(sec.24-ssec.2) Schedule 40, as amended by the Rural and Regional Adjustment (Natural Disaster-related Assistance Schemes) Amendment Regulation 2022 , applies to the application. s 24 ins 2022 SL No. 138 s 5","sortOrder":45},{"sectionNumber":"pt.4-div.17","sectionType":"division","heading":"Transitional provisions for Rural and Regional Adjustment (Variation of Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2022","content":"## Transitional provisions for Rural and Regional Adjustment (Variation of Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2022","sortOrder":46},{"sectionNumber":"sec.25","sectionType":"section","heading":"Definition for division","content":"### sec.25 Definition for division\n\nIn this division—\namendment regulation means the Rural and Regional Adjustment (Variation of Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2022 .\ns 25 ins 2022 SL No. 175 s 4","sortOrder":47},{"sectionNumber":"sec.26","sectionType":"section","heading":"Existing applications for assistance","content":"### sec.26 Existing applications for assistance\n\nThis section applies if, before the commencement, an application for assistance under the scheme set out in schedule 15 was made but not decided.\nSchedule 15, as amended by the amendment regulation, part 2, applies to the application.\ns 26 ins 2022 SL No. 175 s 4\n(sec.26-ssec.1) This section applies if, before the commencement, an application for assistance under the scheme set out in schedule 15 was made but not decided.\n(sec.26-ssec.2) Schedule 15, as amended by the amendment regulation, part 2, applies to the application.","sortOrder":48},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Application of particular provisions continued","content":"### sec.26A Application of particular provisions continued\n\nThis section applies if before the commencement an application for assistance under the scheme set out in schedule 15 was made but not decided.\nSchedule 15, as in force immediately before the commencement, continues to apply to the application as if the amendment regulation, part 3 had not commenced.\ns 26A ins 2022 SL No. 175 s 13\n(sec.26A-ssec.1) This section applies if before the commencement an application for assistance under the scheme set out in schedule 15 was made but not decided.\n(sec.26A-ssec.2) Schedule 15, as in force immediately before the commencement, continues to apply to the application as if the amendment regulation, part 3 had not commenced.","sortOrder":49},{"sectionNumber":"pt.4-div.18","sectionType":"division","heading":"Transitional provisions for Rural and Regional Adjustment (Variation of Resilient Homes Assistance Scheme) Amendment Regulation 2022","content":"## Transitional provisions for Rural and Regional Adjustment (Variation of Resilient Homes Assistance Scheme) Amendment Regulation 2022","sortOrder":50},{"sectionNumber":"sec.27","sectionType":"section","heading":"Existing applications for assistance—sch 44","content":"### sec.27 Existing applications for assistance—sch 44\n\nThis section applies if an application for assistance under the scheme set out in schedule 44 was made but not decided before the commencement.\nSchedule 44, as amended by the Rural and Regional Adjustment (Variation of Resilient Homes Assistance Scheme) Amendment Regulation 2022 , applies to the application.\ns 27 ins 2022 SL No. 176 s 3\n(sec.27-ssec.1) This section applies if an application for assistance under the scheme set out in schedule 44 was made but not decided before the commencement.\n(sec.27-ssec.2) Schedule 44, as amended by the Rural and Regional Adjustment (Variation of Resilient Homes Assistance Scheme) Amendment Regulation 2022 , applies to the application.","sortOrder":51},{"sectionNumber":"sec.28","sectionType":"section","heading":"Grants of assistance made before commencement","content":"### sec.28 Grants of assistance made before commencement\n\nThis section applies if a grant of financial assistance to an applicant for the cost of carrying out eligible works was made under the scheme set out in schedule 44 before the commencement.\nThe authority must, as soon as practicable after the commencement, pay the amount of the GST that was excluded from the grant of financial assistance—\nif the assistance was paid to the applicant—to the applicant; or\notherwise—to the licensed contractor who carried out the eligible works or is contracted to carry out the eligible works.\ns 28 ins 2022 SL No. 176 s 3\n(sec.28-ssec.1) This section applies if a grant of financial assistance to an applicant for the cost of carrying out eligible works was made under the scheme set out in schedule 44 before the commencement.\n(sec.28-ssec.2) The authority must, as soon as practicable after the commencement, pay the amount of the GST that was excluded from the grant of financial assistance— if the assistance was paid to the applicant—to the applicant; or otherwise—to the licensed contractor who carried out the eligible works or is contracted to carry out the eligible works.\n- (a) if the assistance was paid to the applicant—to the applicant; or\n- (b) otherwise—to the licensed contractor who carried out the eligible works or is contracted to carry out the eligible works.","sortOrder":52},{"sectionNumber":"pt.4-div.19","sectionType":"division","heading":"Transitional provision for Rural and Regional Adjustment (Variation of Special Disaster Assistance Recovery Grants Scheme) Amendment Regulation 2022","content":"## Transitional provision for Rural and Regional Adjustment (Variation of Special Disaster Assistance Recovery Grants Scheme) Amendment Regulation 2022","sortOrder":53},{"sectionNumber":"sec.29","sectionType":"section","heading":"Existing applications for assistance","content":"### sec.29 Existing applications for assistance\n\nThis section applies if, before the commencement, an application for assistance under the scheme set out in schedule 23 was made but not decided.\nSchedule 23, section 8, as amended by the Rural and Regional Adjustment (Variation of Special Disaster Assistance Recovery Grants Scheme) Amendment Regulation 2022 , applies to the application.\nHowever, schedule 23, section 3, definition primary producer , as in force immediately before the commencement, continues to apply for deciding the application as if the Rural and Regional Adjustment (Variation of Special Disaster Assistance Recovery Grants Scheme) Amendment Regulation 2022 had not commenced.\ns 29 ins 2022 SL No. 190 s 3\n(sec.29-ssec.1) This section applies if, before the commencement, an application for assistance under the scheme set out in schedule 23 was made but not decided.\n(sec.29-ssec.2) Schedule 23, section 8, as amended by the Rural and Regional Adjustment (Variation of Special Disaster Assistance Recovery Grants Scheme) Amendment Regulation 2022 , applies to the application.\n(sec.29-ssec.3) However, schedule 23, section 3, definition primary producer , as in force immediately before the commencement, continues to apply for deciding the application as if the Rural and Regional Adjustment (Variation of Special Disaster Assistance Recovery Grants Scheme) Amendment Regulation 2022 had not commenced.","sortOrder":54},{"sectionNumber":"pt.4-div.20","sectionType":"division","heading":"Transitional provision for Rural and Regional Adjustment (Variation of Zero Emission Vehicle Rebate Scheme) Amendment Regulation 2023","content":"## Transitional provision for Rural and Regional Adjustment (Variation of Zero Emission Vehicle Rebate Scheme) Amendment Regulation 2023","sortOrder":55},{"sectionNumber":"sec.30","sectionType":"section","heading":"Existing applications for assistance","content":"### sec.30 Existing applications for assistance\n\nThis section applies to an application for assistance under the scheme set out in schedule 42 made, but not decided, before the commencement.\nSchedule 42, as amended by the Rural and Regional Adjustment (Variation of Zero Emission Vehicle Rebate Scheme) Amendment Regulation 2023 , applies in relation to the application.\ns 30 ins 2023 SL No. 81 s 3\n(sec.30-ssec.1) This section applies to an application for assistance under the scheme set out in schedule 42 made, but not decided, before the commencement.\n(sec.30-ssec.2) Schedule 42, as amended by the Rural and Regional Adjustment (Variation of Zero Emission Vehicle Rebate Scheme) Amendment Regulation 2023 , applies in relation to the application.","sortOrder":56},{"sectionNumber":"pt.4-div.21","sectionType":"division","heading":"Transitional provision for Rural and Regional Adjustment (Variation of Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2024","content":"## Transitional provision for Rural and Regional Adjustment (Variation of Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2024","sortOrder":57},{"sectionNumber":"sec.31","sectionType":"section","heading":"Existing applications for assistance","content":"### sec.31 Existing applications for assistance\n\nThis section applies to an application for assistance under the scheme set out in schedule 15 made, but not decided, before the commencement.\nSchedule 15, as amended by the Rural and Regional Adjustment (Variation of Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2024 , applies in relation to the application.\ns 31 ins 2024 SL No. 109 s 3\n(sec.31-ssec.1) This section applies to an application for assistance under the scheme set out in schedule 15 made, but not decided, before the commencement.\n(sec.31-ssec.2) Schedule 15, as amended by the Rural and Regional Adjustment (Variation of Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2024 , applies in relation to the application.","sortOrder":58},{"sectionNumber":"pt.4-div.21A","sectionType":"division","heading":"Transitional provisions for Rural and Regional Adjustment (Variation of Primary Industry Productivity Enhancement Scheme) Amendment Regulation 2024","content":"## Transitional provisions for Rural and Regional Adjustment (Variation of Primary Industry Productivity Enhancement Scheme) Amendment Regulation 2024","sortOrder":59},{"sectionNumber":"sec.31A","sectionType":"section","heading":"Existing applications for assistance","content":"### sec.31A Existing applications for assistance\n\nThis section applies to an application for assistance under the scheme set out in schedule 1 made, but not decided, before the commencement.\nSchedule 1, as amended by the Rural and Regional Adjustment (Variation of Primary Industry Productivity Enhancement Scheme) Amendment Regulation 2024 , applies in relation to the application.\ns 31A ins 2024 SL No. 153 s 3\n(sec.31A-ssec.1) This section applies to an application for assistance under the scheme set out in schedule 1 made, but not decided, before the commencement.\n(sec.31A-ssec.2) Schedule 1, as amended by the Rural and Regional Adjustment (Variation of Primary Industry Productivity Enhancement Scheme) Amendment Regulation 2024 , applies in relation to the application.","sortOrder":60},{"sectionNumber":"sec.32","sectionType":"section","heading":"Existing loans","content":"### sec.32 Existing loans\n\nSchedule 1, other than section 6(2), as amended by the Rural and Regional Adjustment (Variation of Primary Industry Productivity Enhancement Scheme) Amendment Regulation 2024 , applies in relation to a loan drawn down before the commencement.\ns 32 ins 2024 SL No. 153 s 3","sortOrder":61},{"sectionNumber":"pt.4-div.22","sectionType":"division","heading":"Transitional provision for Rural and Regional Adjustment (Feral Pest Exclusion Fencing Grants Scheme and Other Matters) Amendment Regulation 2025","content":"## Transitional provision for Rural and Regional Adjustment (Feral Pest Exclusion Fencing Grants Scheme and Other Matters) Amendment Regulation 2025","sortOrder":62},{"sectionNumber":"sec.33","sectionType":"section","heading":"Provisions taken to have referred to Minister administering Queensland Reconstruction Authority Act 2011","content":"### sec.33 Provisions taken to have referred to Minister administering Queensland Reconstruction Authority Act 2011\n\nThis section applies to each of the following provisions—\nschedule 2, section 1, definition appropriate Minister ;\nschedule 3, section 1, definition appropriate Minister ;\nschedule 7, section 3, definition appropriate Minister ;\nschedule 21, section 3, definition appropriate Minister ;\nschedule 23, section 3, definition appropriate Minister ;\nschedule 47, section 5(2)(a).\nFrom 31 October 2023 until the commencement, the provision is taken to have referred to the Minister responsible for administering the Queensland Reconstruction Authority Act 2011 instead of the Minister responsible for administering the Disaster Management Act 2003 .\nSubsection (2) applies to the provision despite the provision as it was in force before the commencement.\ns 33 ins 2025 SL No. 120 s 3\n(sec.33-ssec.1) This section applies to each of the following provisions— schedule 2, section 1, definition appropriate Minister ; schedule 3, section 1, definition appropriate Minister ; schedule 7, section 3, definition appropriate Minister ; schedule 21, section 3, definition appropriate Minister ; schedule 23, section 3, definition appropriate Minister ; schedule 47, section 5(2)(a).\n(sec.33-ssec.2) From 31 October 2023 until the commencement, the provision is taken to have referred to the Minister responsible for administering the Queensland Reconstruction Authority Act 2011 instead of the Minister responsible for administering the Disaster Management Act 2003 .\n(sec.33-ssec.3) Subsection (2) applies to the provision despite the provision as it was in force before the commencement.\n- (a) schedule 2, section 1, definition appropriate Minister ;\n- (b) schedule 3, section 1, definition appropriate Minister ;\n- (c) schedule 7, section 3, definition appropriate Minister ;\n- (d) schedule 21, section 3, definition appropriate Minister ;\n- (e) schedule 23, section 3, definition appropriate Minister ;\n- (f) schedule 47, section 5(2)(a).","sortOrder":63},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":64},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.1-sec.1 Objective of scheme\n\nThe objective of the scheme is to provide assistance that will—\nstrengthen the economy of Queensland regions; and\nfacilitate the development of sustainable primary production in Queensland.\n- (a) strengthen the economy of Queensland regions; and\n- (b) facilitate the development of sustainable primary production in Queensland.","sortOrder":65},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Application of scheme","content":"### sch.1-sec.2 Application of scheme\n\nThe scheme consists of the following programs—\nthe first start program;\nthe sustainability program.\nAn applicant may apply for assistance under more than 1 program.\n(sch.1-sec.2-ssec.1) The scheme consists of the following programs— the first start program; the sustainability program.\n(sch.1-sec.2-ssec.2) An applicant may apply for assistance under more than 1 program.\n- (a) the first start program;\n- (b) the sustainability program.","sortOrder":66},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Definitions for sch 1","content":"### sch.1-sec.3 Definitions for sch 1\n\nIn this schedule—\napproved application form , for a program under the scheme, means the application form approved by the authority for the program.\ncommercial 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.\neligible activities means the eligible activities decided under section 5 .\nfirst start program means the part of the scheme set out in parts 2 and 3 .\nmanagement plan , of an applicant applying for assistance under the scheme, means a plan that—\nincludes details of the activity for which the applicant is applying for assistance; and\nadopts a timely whole of business approach to sustainable primary production and includes components of sustainable management relevant to—\nviability; and\nproductivity; and\nmanaging 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\nmanaging business and climate risks; and\nif the assistance is for on-farm activities—identifies and states the area of land affected by the application; and\ncomplies with the guidelines for management plans under the scheme that are issued by the authority.\nA copy of the guidelines for management plans under the scheme may be obtained from the authority.\nmutual obligation condition see section 11 (1) .\nprimary producer means—\na 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\nin 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.\nsch 1 s 3 def primary producer amd 2016 SL No. 183 s 3 (2)\nprimary production enterprise means a business—\nthat involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and\nfor which an entity holds an Australian Business Number.\nproprietary company means a proprietary company within the meaning of the Corporations Act .\nsch 1 s 3 def proprietary company ins 2016 SL No. 183 s 3 (1)\nscheme means the scheme set out in this schedule.\nsharefisher means a person who—\nworks in a business in the commercial wild-catch fishing industry; and\nshares the proceeds of the business with the owner of the business.\nsustainability program means the part of the scheme set out in parts 2 and 4 .\n- (a) includes details of the activity for which the applicant is applying for assistance; and\n- (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\n- (i) viability; and\n- (ii) productivity; and\n- (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\n- (iv) managing business and climate risks; and\n- (c) if the assistance is for on-farm activities—identifies and states the area of land affected by the application; and\n- (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.\n- (i) viability; and\n- (ii) productivity; and\n- (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\n- (iv) managing business and climate risks; and\n- (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\n- (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.\n- (a) that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and\n- (b) for which an entity holds an Australian Business Number.\n- (a) works in a business in the commercial wild-catch fishing industry; and\n- (b) shares the proceeds of the business with the owner of the business.","sortOrder":67},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":68},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Nature of assistance","content":"### sch.1-sec.4 Nature of assistance\n\nThe nature of the assistance that may be given under the scheme is loans at concessional rates of interest to applicants who—\nare carrying out eligible activities; and\nunder section 14 or 18 , are eligible to receive assistance under the scheme.\n- (a) are carrying out eligible activities; and\n- (b) under section 14 or 18 , are eligible to receive assistance under the scheme.","sortOrder":69},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Eligible activities","content":"### sch.1-sec.5 Eligible activities\n\nThe chief executive must—\ndecide the activities that are eligible activities for each program under the scheme; and\nnotify the authority about the decision made under paragraph (a) .\nWhen deciding whether an activity is an eligible activity for a program, the chief executive must consult with relevant public sector entities.\n(sch.1-sec.5-ssec.1) The chief executive must— decide the activities that are eligible activities for each program under the scheme; and notify the authority about the decision made under paragraph (a) .\n(sch.1-sec.5-ssec.2) When deciding whether an activity is an eligible activity for a program, the chief executive must consult with relevant public sector entities.\n- (a) decide the activities that are eligible activities for each program under the scheme; and\n- (b) notify the authority about the decision made under paragraph (a) .","sortOrder":70},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Interest rate","content":"### sch.1-sec.6 Interest rate\n\nAn applicant may ask the authority for 1 of the following types of interest rates for a loan under the scheme—\nan interest rate that is fixed for a period of 1, 3 or 5 years;\nan interest rate that is variable.\nThe initial interest rate for a loan to the applicant under the scheme—\nis based on the type of interest rate requested by the applicant and approved by the authority; and\nis worked out by the authority based on the base lending rate for the type of interest rate when the applicant first draws down the loan or part of the loan.\nThe applicant may, during the term of a loan, ask the authority for the same or another type of interest rate mentioned in subsection (1) .\nIf the authority approves the applicant’s request under subsection (3) , the interest rate—\nis worked out by the authority based on the base lending rate for the type of interest rate when the request is approved; and\nis applied as soon as practicable but no earlier than the end of any period in which the interest rate is fixed.\nThe authority may, during the term of the loan, review the applicant’s financial situation annually to decide whether to increase the interest rate for the loan.\nAfter a review under subsection (5) , or at any time during the term of the loan, the authority may increase the interest rate for the loan to a commercial rate of interest decided by the authority.\nThe authority may decide to increase the interest rate under subsection (6) more than once in relation to the applicant.\nIn this section—\nbase lending rate —\nfor an interest rate that is fixed for a period of 1, 3 or 5 years—means the fixed lending rate of the Queensland Treasury Corporation, plus a margin decided by the authority and approved by the Minister, for the period; or\nfor an interest rate that is variable—means the variable lending rate of the Queensland Treasury Corporation, plus a margin decided by the authority and approved by the Minister.\nsch 1 s 6 amd 2016 SL No. 183 s 4 ; 2017 SL No. 123 s 5\nsub 2024 SL No. 153 s 4\n(sch.1-sec.6-ssec.1) An applicant may ask the authority for 1 of the following types of interest rates for a loan under the scheme— an interest rate that is fixed for a period of 1, 3 or 5 years; an interest rate that is variable.\n(sch.1-sec.6-ssec.2) The initial interest rate for a loan to the applicant under the scheme— is based on the type of interest rate requested by the applicant and approved by the authority; and is worked out by the authority based on the base lending rate for the type of interest rate when the applicant first draws down the loan or part of the loan.\n(sch.1-sec.6-ssec.3) The applicant may, during the term of a loan, ask the authority for the same or another type of interest rate mentioned in subsection (1) .\n(sch.1-sec.6-ssec.4) If the authority approves the applicant’s request under subsection (3) , the interest rate— is worked out by the authority based on the base lending rate for the type of interest rate when the request is approved; and is applied as soon as practicable but no earlier than the end of any period in which the interest rate is fixed.\n(sch.1-sec.6-ssec.5) The authority may, during the term of the loan, review the applicant’s financial situation annually to decide whether to increase the interest rate for the loan.\n(sch.1-sec.6-ssec.6) After a review under subsection (5) , or at any time during the term of the loan, the authority may increase the interest rate for the loan to a commercial rate of interest decided by the authority.\n(sch.1-sec.6-ssec.7) The authority may decide to increase the interest rate under subsection (6) more than once in relation to the applicant.\n(sch.1-sec.6-ssec.8) In this section— base lending rate — for an interest rate that is fixed for a period of 1, 3 or 5 years—means the fixed lending rate of the Queensland Treasury Corporation, plus a margin decided by the authority and approved by the Minister, for the period; or for an interest rate that is variable—means the variable lending rate of the Queensland Treasury Corporation, plus a margin decided by the authority and approved by the Minister.\n- (a) an interest rate that is fixed for a period of 1, 3 or 5 years;\n- (b) an interest rate that is variable.\n- (a) is based on the type of interest rate requested by the applicant and approved by the authority; and\n- (b) is worked out by the authority based on the base lending rate for the type of interest rate when the applicant first draws down the loan or part of the loan.\n- (a) is worked out by the authority based on the base lending rate for the type of interest rate when the request is approved; and\n- (b) is applied as soon as practicable but no earlier than the end of any period in which the interest rate is fixed.\n- (a) for an interest rate that is fixed for a period of 1, 3 or 5 years—means the fixed lending rate of the Queensland Treasury Corporation, plus a margin decided by the authority and approved by the Minister, for the period; or\n- (b) for an interest rate that is variable—means the variable lending rate of the Queensland Treasury Corporation, plus a margin decided by the authority and approved by the Minister.","sortOrder":71},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Terms of repayment","content":"### sch.1-sec.7 Terms of repayment\n\nRepayment of principal and interest on a loan granted to an applicant under the scheme will be—\ninitially calculated using a period of up to the maximum term of the loan; and\ntailored to the applicant’s individual requirements based on the applicant’s income patterns.\nThe authority may give the applicant a period of not more than 10 years to make interest only repayments.\nsch 1 s 7 amd 2016 SL No. 183 s 5 ; 2024 SL No. 153 s 5\n(sch.1-sec.7-ssec.1) Repayment of principal and interest on a loan granted to an applicant under the scheme will be— initially calculated using a period of up to the maximum term of the loan; and tailored to the applicant’s individual requirements based on the applicant’s income patterns.\n(sch.1-sec.7-ssec.2) The authority may give the applicant a period of not more than 10 years to make interest only repayments.\n- (a) initially calculated using a period of up to the maximum term of the loan; and\n- (b) tailored to the applicant’s individual requirements based on the applicant’s income patterns.","sortOrder":72},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Security","content":"### sch.1-sec.8 Security\n\nIf 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.\nsch 1 s 8 sub 2016 SL No. 183 s 6","sortOrder":73},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Applications","content":"### sch.1-sec.9 Applications\n\nAn application for assistance under the scheme must be—\nmade on the approved application form for the program under which the applicant is applying; and\naccompanied by the documents stated on the approved application form; and\ngiven to the authority.\n- (a) made on the approved application form for the program under which the applicant is applying; and\n- (b) accompanied by the documents stated on the approved application form; and\n- (c) given to the authority.","sortOrder":74},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Deciding applications","content":"### sch.1-sec.10 Deciding applications\n\nSubject to subsection (2) , the authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\nThe authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.\nsch 1 s 10 sub 2014 SL No. 92 s 5\n(sch.1-sec.10-ssec.1) Subject to subsection (2) , the authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\n(sch.1-sec.10-ssec.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.","sortOrder":75},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Mutual obligation condition of loan—reporting outcomes","content":"### sch.1-sec.11 Mutual obligation condition of loan—reporting outcomes\n\nIt 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.\nThe 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.\n(sch.1-sec.11-ssec.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.\n(sch.1-sec.11-ssec.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.","sortOrder":76},{"sectionNumber":"sch.1-sec.11A","sectionType":"section","heading":"Application to consolidate loans","content":"### sch.1-sec.11A Application to consolidate loans\n\nThis section applies if—\na person has at least 1 loan under a program under the scheme and has applied for another loan under the same program; or\na person has 2 or more loans under the same program.\nThe person may apply to consolidate the loans into a single loan.\nThe application must be—\nin the approved application form; and\naccompanied by the documents stated on the approved application form; and\ngiven to the authority.\nsch 1 s 11A ins 2016 SL No. 183 s 7\n(sch.1-sec.11A-ssec.1) This section applies if— a person has at least 1 loan under a program under the scheme and has applied for another loan under the same program; or a person has 2 or more loans under the same program.\n(sch.1-sec.11A-ssec.2) The person may apply to consolidate the loans into a single loan.\n(sch.1-sec.11A-ssec.3) The application must be— in the approved application form; and accompanied by the documents stated on the approved application form; and given to the authority.\n- (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\n- (b) a person has 2 or more loans under the same program.\n- (a) in the approved application form; and\n- (b) accompanied by the documents stated on the approved application form; and\n- (c) given to the authority.","sortOrder":77},{"sectionNumber":"sch.1-sec.11B","sectionType":"section","heading":"Approving application to consolidate loans","content":"### sch.1-sec.11B Approving application to consolidate loans\n\nThe authority must consider, and decide to approve or refuse to approve, an application to consolidate loans made under section 11A .\nIf 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.\nThe initial interest rate for the consolidated loan is worked out by the authority based on the base lending rate when the loans are consolidated.\nIn this section—\nbase lending rate see section 6 (8) .\nsch 1 s 11B ins 2016 SL No. 183 s 7\namd 2024 SL No. 153 s 6\n(sch.1-sec.11B-ssec.1) The authority must consider, and decide to approve or refuse to approve, an application to consolidate loans made under section 11A .\n(sch.1-sec.11B-ssec.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.\n(sch.1-sec.11B-ssec.3) The initial interest rate for the consolidated loan is worked out by the authority based on the base lending rate when the loans are consolidated.\n(sch.1-sec.11B-ssec.4) In this section— base lending rate see section 6 (8) .","sortOrder":78},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"First start program","content":"# First start program","sortOrder":79},{"sectionNumber":"sch.1-sec.12","sectionType":"section","heading":"Purpose of assistance under first start program","content":"### sch.1-sec.12 Purpose of assistance under first start program\n\nThe first start program is designed to provide finance to an applicant in the first years of establishment of the applicant’s primary production enterprise.\nThe purpose of assistance under the first start program is to enable an applicant to become a primary producer by assisting the applicant—\nto acquire and operate a viable primary production enterprise; or\nto 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\nto 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\nto enter into a leasing, sharefarming or sharefishing arrangement that will lead to the applicant operating a viable primary production enterprise; or\nto 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.\n(sch.1-sec.12-ssec.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.\n(sch.1-sec.12-ssec.2) The purpose of assistance under the first start program is to enable an applicant to become a primary producer by assisting the applicant— to acquire and operate a viable primary production enterprise; or 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 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 to enter into a leasing, sharefarming or sharefishing arrangement that will lead to the applicant operating a viable primary production enterprise; or 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.\n- (a) to acquire and operate a viable primary production enterprise; or\n- (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\n- (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\n- (d) to enter into a leasing, sharefarming or sharefishing arrangement that will lead to the applicant operating a viable primary production enterprise; or\n- (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.","sortOrder":80},{"sectionNumber":"sch.1-sec.13","sectionType":"section","heading":"Maximum loan amounts","content":"### sch.1-sec.13 Maximum loan amounts\n\nThe maximum amount of a loan, or the total outstanding loan balance, under the first start program is $2,000,000.\nsch 1 s 13 amd 2016 SL No. 183 s 8","sortOrder":81},{"sectionNumber":"sch.1-sec.14","sectionType":"section","heading":"Eligibility criteria","content":"### sch.1-sec.14 Eligibility criteria\n\nFor an applicant to be eligible to receive assistance under the first start program, the applicant must—\nhave resided in Queensland for at least 6 months; and\nnot own, or have disposed of, a viable primary production enterprise; and\ndemonstrate financial need for the assistance; and\nif 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—\nthe parents or family member is not in a financial position to completely effect a transfer of the assets; and\nthe purchase is not merely a refinance arrangement; and\ndemonstrate adequate experience or other qualifications to give the applicant a reasonable prospect of success in the particular industry the applicant wishes to enter; and\nbe able to demonstrate—\nfor buying a primary production enterprise—the applicant will have 50% equity in the enterprise; or\nfor a leasing, sharefarming or sharefishing arrangement—the applicant will pay 50% of the set-up costs of the enterprise; and\ndemonstrate adequate funding for carry-on purposes; and\ndemonstrate 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\ntrade 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\ngive the authority a management plan that shows the stages of a planned progression towards a viable first primary production enterprise.\nHowever, 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.\nAn applicant has limited equity in the primary production enterprise but has a stable wage, salary or other off-farm income.\nsch 1 s 14 amd 2016 SL No. 183 s 9\n(sch.1-sec.14-ssec.1) For an applicant to be eligible to receive assistance under the first start program, the applicant must— have resided in Queensland for at least 6 months; and not own, or have disposed of, a viable primary production enterprise; and demonstrate financial need for the assistance; and 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— the parents or family member is not in a financial position to completely effect a transfer of the assets; and the purchase is not merely a refinance arrangement; and 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 be able to demonstrate— for buying a primary production enterprise—the applicant will have 50% equity in the enterprise; or for a leasing, sharefarming or sharefishing arrangement—the applicant will pay 50% of the set-up costs of the enterprise; and demonstrate adequate funding for carry-on purposes; and 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 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 give the authority a management plan that shows the stages of a planned progression towards a viable first primary production enterprise.\n(sch.1-sec.14-ssec.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. An applicant has limited equity in the primary production enterprise but has a stable wage, salary or other off-farm income.\n- (a) have resided in Queensland for at least 6 months; and\n- (b) not own, or have disposed of, a viable primary production enterprise; and\n- (c) demonstrate financial need for the assistance; and\n- (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\n- (i) the parents or family member is not in a financial position to completely effect a transfer of the assets; and\n- (ii) the purchase is not merely a refinance arrangement; and\n- (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\n- (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\n- (i) for buying a primary production enterprise—the applicant will have 50% equity in the enterprise; or\n- (ii) for a leasing, sharefarming or sharefishing arrangement—the applicant will pay 50% of the set-up costs of the enterprise; and\n- (g) demonstrate adequate funding for carry-on purposes; and\n- (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\n- (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\n- (j) give the authority a management plan that shows the stages of a planned progression towards a viable first primary production enterprise.\n- (i) the parents or family member is not in a financial position to completely effect a transfer of the assets; and\n- (ii) the purchase is not merely a refinance arrangement; and\n- (i) for buying a primary production enterprise—the applicant will have 50% equity in the enterprise; or\n- (ii) for a leasing, sharefarming or sharefishing arrangement—the applicant will pay 50% of the set-up costs of the enterprise; and","sortOrder":82},{"sectionNumber":"sch.1-sec.15","sectionType":"section","heading":"Maximum term of loan","content":"### sch.1-sec.15 Maximum term of loan\n\nThe maximum term of a loan is 20 years.","sortOrder":83},{"sectionNumber":"sch.1-pt.4","sectionType":"part","heading":"Sustainability program","content":"# Sustainability program","sortOrder":84},{"sectionNumber":"sch.1-sec.16","sectionType":"section","heading":"Purpose of assistance under sustainability program","content":"### sch.1-sec.16 Purpose of assistance under sustainability program\n\nThe 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—\nincreasing productivity and long-term viability; and\navoiding or minimising adverse impacts on—\nthe natural resource base where the activity for which the assistance is received is performed; and\nother ecosystems affected by the activity; and\nadopting systems and practices to mitigate the effects of climate, drought and market risks.\nsch 1 s 16 amd 2016 SL No. 183 s 10\n- (a) increasing productivity and long-term viability; and\n- (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\n- (i) the natural resource base where the activity for which the assistance is received is performed; and\n- (ii) other ecosystems affected by the activity; and\n- (c) adopting systems and practices to mitigate the effects of climate, drought and market risks.\n- (i) the natural resource base where the activity for which the assistance is received is performed; and\n- (ii) other ecosystems affected by the activity; and","sortOrder":85},{"sectionNumber":"sch.1-sec.17","sectionType":"section","heading":"Maximum loan amounts and outstanding loan balances","content":"### sch.1-sec.17 Maximum loan amounts and outstanding loan balances\n\nThe maximum amount of a loan under the sustainability program is $1,300,000.\nThe maximum combined outstanding loan balance under the sustainability program and any of the following is $1,300,000—\nthe former development program;\nthe former resource management program;\nthe former development program and former resource management program.\nIn this section—\nformer development program means the development program in force under the repealed regulation, schedule, part 3 , divisions 2 and 4 immediately before 10 December 2010.\nformer 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.\nsch 1 s 17 amd 2016 SL No. 183 s 11\n(sch.1-sec.17-ssec.1) The maximum amount of a loan under the sustainability program is $1,300,000.\n(sch.1-sec.17-ssec.2) The maximum combined outstanding loan balance under the sustainability program and any of the following is $1,300,000— the former development program; the former resource management program; the former development program and former resource management program.\n(sch.1-sec.17-ssec.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.\n- (a) the former development program;\n- (b) the former resource management program;\n- (c) the former development program and former resource management program.","sortOrder":86},{"sectionNumber":"sch.1-sec.18","sectionType":"section","heading":"Eligibility criteria","content":"### sch.1-sec.18 Eligibility criteria\n\nTo be eligible to receive assistance under the sustainability program, the applicant must—\ndemonstrate to the satisfaction of the authority—\nthat the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and\nthat an interested person for the primary production enterprise is a primary producer; and\nthe primary production enterprise has been carried on for at least 2 years; and\nsound prospects for commercial viability, and the ability to service the loan, in the long term; and\nthat 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\nif the assistance is sought to rationalise a partnership—that the proposal for the rationalisation is not merely a refinance arrangement; and\nif the assistance is sought to upgrade, buy or replace plant or machinery—the plant or machinery will be used predominantly for the enterprise; and\ndemonstrate a financial need for the assistance; and\ngive the authority a management plan that outlines the intended outcomes associated with the activity for which the applicant is applying for assistance; and\nif 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.\nIn this section—\ninterested person , for a primary production enterprise, means—\nif the enterprise is carried on by a sole trader—the sole trader; or\nif 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.\nsch 1 s 18 amd 2016 SL No. 183 s 12\n(sch.1-sec.18-ssec.1) To be eligible to receive assistance under the sustainability program, the applicant must— demonstrate to the satisfaction of the authority— that the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and that an interested person for the primary production enterprise is a primary producer; and the primary production enterprise has been carried on for at least 2 years; and sound prospects for commercial viability, and the ability to service the loan, in the long term; and 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 if the assistance is sought to rationalise a partnership—that the proposal for the rationalisation is not merely a refinance arrangement; and 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 demonstrate a financial need for the assistance; and give the authority a management plan that outlines the intended outcomes associated with the activity for which the applicant is applying for assistance; and 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.\n(sch.1-sec.18-ssec.2) In this section— interested person , for a primary production enterprise, means— if the enterprise is carried on by a sole trader—the sole trader; or 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\n- (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\n- (i) that the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and\n- (ii) that an interested person for the primary production enterprise is a primary producer; and\n- (iii) the primary production enterprise has been carried on for at least 2 years; and\n- (iv) sound prospects for commercial viability, and the ability to service the loan, in the long term; and\n- (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\n- (vi) if the assistance is sought to rationalise a partnership—that the proposal for the rationalisation is not merely a refinance arrangement; and\n- (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\n- (b) demonstrate a financial need for the assistance; and\n- (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\n- (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.\n- (i) that the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and\n- (ii) that an interested person for the primary production enterprise is a primary producer; and\n- (iii) the primary production enterprise has been carried on for at least 2 years; and\n- (iv) sound prospects for commercial viability, and the ability to service the loan, in the long term; and\n- (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\n- (vi) if the assistance is sought to rationalise a partnership—that the proposal for the rationalisation is not merely a refinance arrangement; and\n- (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\n- (a) if the enterprise is carried on by a sole trader—the sole trader; or\n- (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.","sortOrder":87},{"sectionNumber":"sch.1-sec.19","sectionType":"section","heading":"Maximum term of loan","content":"### sch.1-sec.19 Maximum term of loan\n\nThe maximum term of a loan is 20 years.","sortOrder":88},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":89},{"sectionNumber":"sch.2-sec.1","sectionType":"section","heading":"Definitions for schedule","content":"### sch.2-sec.1 Definitions for schedule\n\nIn this schedule—\napplicant means a person applying for financial assistance under the scheme.\napplication means an application for financial assistance under the scheme.\nappropriate Minister means the Minister responsible for administering the Queensland Reconstruction Authority Act 2011 .\nsch 2 s 1 def appropriate Minister amd 2025 SL No. 120 s 4 (3)\ncarry-on requirements see section 5 (b) .\nchief executive means the chief executive of the department in which the Fisheries Act 1994 is administered.\nsch 2 s 1 def chief executive ins 2025 SL No. 138 s 3\ndefined 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.\nDefined disaster areas are published on the authority’s website.\nsch 2 s 1 def defined disaster area amd 2013 SL No. 19 s 6 ; 2018 SL No. 172 s 5 (3)\ndevelopment see the Planning Act 2016 , schedule 2 .\nsch 2 s 1 def development sub 2017 SL No. 103 s 113\ndisaster 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.\nThe disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.\nsch 2 s 1 def disaster recovery funding arrangements ins 2018 SL No. 172 s 5 (2)\neligible disaster means—\na natural disaster; or\na terrorist act.\nsch 2 s 1 def eligible disaster (prev def eligible natural disaster ) amd 2013 SL No. 19 s 6\nsub 2018 SL No. 172 s 5 (1) – (2)\nIDSP certificate , in relation to an applicant’s primary production enterprise, means a certificate issued by the chief executive stating—\nfor 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\notherwise—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.\nsch 2 s 1 def IDSP certificate amd 2013 SL No. 19 s 6\nindividual disaster stricken enterprise see section 3 .\nnatural disaster see section 2 .\nsch 2 s 1 def natural disaster ins 2018 SL No. 172 s 5 (2)\nnatural disaster relief and recovery arrangements ...\nsch 2 s 1 def natural disaster relief and recovery arrangements om 2018 SL No. 172 s 5 (1)\nprimary producer means—\na sole trader who—\nspends the majority of their labour on a primary production enterprise; and\neither—\nderives the majority of their income from the primary production enterprise; or\nin the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise; or\na partnership, company or trust that carries on a primary production enterprise if the partners, shareholders or beneficiaries—\nspend the majority of their labour on the primary production enterprise; and\neither—\nderive the majority of their income from the primary production enterprise; or\nin the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise.\nsch 2 s 1 def primary producer sub 2025 SL No. 120 s 4 (1) – (2)\nprimary production enterprise means a business—\nthat—\ninvolves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or\nsupports primary production; and\nfarm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\nfor which an entity holds an Australian Business Number.\nsch 2 s 1 def primary production enterprise sub 2025 SL No. 120 s 4 (1) – (2)\namd 2025 SL No. 169 s 3 (2) – (4)\nproperty , of an applicant—\nmeans 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\nincludes the assets of the primary production enterprise on the land.\nsch 2 s 1 def property sub 2018 SL No. 172 s 5 (1) – (2)\nscheme means the scheme set out in this schedule.\nterrorist act see the Police Powers and Responsibilities Act 2000 , section 211 .\nsch 2 s 1 def terrorist act ins 2018 SL No. 172 s 5 (2)\nsch 2 s 1 amd 2025 SL No. 169 s 3 (1)\n- (a) a natural disaster; or\n- (b) a terrorist act.\n- (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\n- (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.\n- (a) a sole trader who— (i) spends the majority of their labour on a primary production enterprise; and (ii) either— (A) derives 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, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (i) spends the majority of their labour on a primary production enterprise; and\n- (ii) either— (A) derives 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, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (A) derives the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (b) a partnership, company or trust that carries on a primary production enterprise if the partners, shareholders or beneficiaries— (i) spend the majority of their labour on the 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, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (i) spend the majority of their labour on the primary production enterprise; and\n- (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, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (i) spends the majority of their labour on a primary production enterprise; and\n- (ii) either— (A) derives 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, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (A) derives the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (A) derives the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (i) spend the majority of their labour on the primary production enterprise; and\n- (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, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (a) that— (i) involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\n- (i) involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or\n- (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\n- (b) for which an entity holds an Australian Business Number.\n- (i) involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or\n- (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\n- (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\n- (b) includes the assets of the primary production enterprise on the land.","sortOrder":90},{"sectionNumber":"sch.2-sec.2","sectionType":"section","heading":"Meaning of natural disaster","content":"### sch.2-sec.2 Meaning of natural disaster\n\nA natural disaster means any of the following events—\na bushfire;\na cyclone;\na flood;\nan earthquake;\na storm, including any of, or any combination of, the following—\nhail;\nrain;\nwind;\na storm surge;\na landslide;\na meteorite strike;\na tornado;\na tsunami.\nHowever, 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.\na deliberate act\nan accident\ndevelopment\nsch 2 s 2 amd 2012 SL No. 176 s 4 ; 2013 SL No. 19 ss 6, 7; 2018 SL No. 172 s 6\n(sch.2-sec.2-ssec.1) A natural disaster means any of the following events— a bushfire; a cyclone; a flood; an earthquake; a storm, including any of, or any combination of, the following— hail; rain; wind; a storm surge; a landslide; a meteorite strike; a tornado; a tsunami.\n(sch.2-sec.2-ssec.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. a deliberate act an accident development\n- (a) a bushfire;\n- (b) a cyclone;\n- (c) a flood;\n- (d) an earthquake;\n- (e) a storm, including any of, or any combination of, the following— (i) hail; (ii) rain; (iii) wind;\n- (i) hail;\n- (ii) rain;\n- (iii) wind;\n- (f) a storm surge;\n- (g) a landslide;\n- (h) a meteorite strike;\n- (i) a tornado;\n- (j) a tsunami.\n- (i) hail;\n- (ii) rain;\n- (iii) wind;\n- • a deliberate act\n- • an accident\n- • development","sortOrder":91},{"sectionNumber":"sch.2-sec.3","sectionType":"section","heading":"Meaning of individual disaster stricken enterprise","content":"### sch.2-sec.3 Meaning of individual disaster stricken enterprise\n\nA primary production enterprise involving commercial wild-catch fishing is an individual disaster stricken enterprise if—\nthe 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\neither—\nthere is no defined disaster area for the disaster; or\nthere is a defined disaster area for the disaster and the boat or equipment was not in the area when the disaster happened.\nAnother primary production enterprise is an individual disaster stricken enterprise if—\nthe 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\neither—\nthere is no defined disaster area for the disaster; or\nthere is a defined disaster area for the disaster and the property is not in the area.\nsch 2 s 3 amd 2013 SL No. 19 s 6\n(sch.2-sec.3-ssec.1) A primary production enterprise involving commercial wild-catch fishing is an individual disaster stricken enterprise if— 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 either— there is no defined disaster area for the disaster; or there is a defined disaster area for the disaster and the boat or equipment was not in the area when the disaster happened.\n(sch.2-sec.3-ssec.2) Another primary production enterprise is an individual disaster stricken enterprise if— 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 either— there is no defined disaster area for the disaster; or there is a defined disaster area for the disaster and the property is not in the area.\n- (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\n- (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.\n- (i) there is no defined disaster area for the disaster; or\n- (ii) there is a defined disaster area for the disaster and the boat or equipment was not in the area when the disaster happened.\n- (i) there is no defined disaster area for the disaster; or\n- (ii) there is a defined disaster area for the disaster and the boat or equipment was not in the area when the disaster happened.\n- (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\n- (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.\n- (i) there is no defined disaster area for the disaster; or\n- (ii) there is a defined disaster area for the disaster and the property is not in the area.\n- (i) there is no defined disaster area for the disaster; or\n- (ii) there is a defined disaster area for the disaster and the property is not in the area.","sortOrder":92},{"sectionNumber":"sch.2-sec.4","sectionType":"section","heading":"Purpose of assistance","content":"### sch.2-sec.4 Purpose of assistance\n\nThe 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.\nHowever, assistance under the scheme is not intended to—\ncompensate primary producers for losses suffered; or\nencourage primary producers in marginal production areas to increase risks in their farming operations.\nsch 2 s 4 amd 2013 SL No. 19 s 6\n(sch.2-sec.4-ssec.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.\n(sch.2-sec.4-ssec.2) However, assistance under the scheme is not intended to— compensate primary producers for losses suffered; or encourage primary producers in marginal production areas to increase risks in their farming operations.\n- (a) compensate primary producers for losses suffered; or\n- (b) encourage primary producers in marginal production areas to increase risks in their farming operations.","sortOrder":93},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Natural disaster relief assistance","content":"# Natural disaster relief assistance","sortOrder":94},{"sectionNumber":"sch.2-sec.5","sectionType":"section","heading":"Nature of assistance","content":"### sch.2-sec.5 Nature of assistance\n\nThe nature of the assistance that may be given under the scheme is the provision of loans for—\nrestocking; or\nmeeting requirements for carrying on production ( carry-on requirements ), including—\nreplanting, restoring or re-establishing areas affected by an eligible disaster; or\nsustenance; or\nessential property operations; or\npaying rent or rates, or costs of repair or replacement of farm buildings.\nsch 2 s 5 amd 2013 SL No. 19 s 6\n- (a) restocking; or\n- (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.\n- (i) replanting, restoring or re-establishing areas affected by an eligible disaster; or\n- (ii) sustenance; or\n- (iii) essential property operations; or\n- (iv) paying rent or rates, or costs of repair or replacement of farm buildings.\n- (i) replanting, restoring or re-establishing areas affected by an eligible disaster; or\n- (ii) sustenance; or\n- (iii) essential property operations; or\n- (iv) paying rent or rates, or costs of repair or replacement of farm buildings.","sortOrder":95},{"sectionNumber":"sch.2-sec.6","sectionType":"section","heading":"Maximum loan amounts","content":"### sch.2-sec.6 Maximum loan amounts\n\nSubject 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—\n$100,000 for restocking; or\n$100,000 for meeting carry-on requirements.\nThe total amount lent to an applicant under the scheme for an eligible disaster mentioned in subsection (1) must not be more than $150,000.\nSubject to subsections (4) and (5) , 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.\nThe total amount lent to an applicant under the scheme for the March–April 2025 Western Queensland flood disaster must not be more than $5m.\nThe total amount lent to an applicant under the scheme for the December 2025–January 2026 North Queensland flood disaster must not be more than $2m.\nIn this section—\nMarch–April 2025 Western Queensland flood disaster means the eligible disaster defined by the appropriate Minister, for the purpose of activating the disaster recovery funding arrangements, as ‘Communities within Western Queensland affected by Western Queensland Surface Trough and Associated Rainfall and Flooding Commencing 21 March – 19 May 2025’, as amended from time to time.\nDecember 2025–January 2026 North Queensland flood disaster means the eligible disaster defined by the appropriate Minister, for the purpose of activating the disaster recovery funding arrangements, as ‘Communities within North Queensland affected by North Queensland Monsoon Trough, Associated Tropical Cyclone Koji and Severe Weather commencing 24 December 2025’, as amended from time to time.\nsch 2 s 6 amd 2013 SL No. 19 s 6 ; 2018 SL No. 172 s 7 ; 2025 SL No. 120 s 5 ; 2026 SL No. 15 s 3\n(sch.2-sec.6-ssec.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— $100,000 for restocking; or $100,000 for meeting carry-on requirements.\n(sch.2-sec.6-ssec.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.\n(sch.2-sec.6-ssec.3) Subject to subsections (4) and (5) , 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.\n(sch.2-sec.6-ssec.4) The total amount lent to an applicant under the scheme for the March–April 2025 Western Queensland flood disaster must not be more than $5m.\n(sch.2-sec.6-ssec.5) The total amount lent to an applicant under the scheme for the December 2025–January 2026 North Queensland flood disaster must not be more than $2m.\n(sch.2-sec.6-ssec.6) In this section— March–April 2025 Western Queensland flood disaster means the eligible disaster defined by the appropriate Minister, for the purpose of activating the disaster recovery funding arrangements, as ‘Communities within Western Queensland affected by Western Queensland Surface Trough and Associated Rainfall and Flooding Commencing 21 March – 19 May 2025’, as amended from time to time. December 2025–January 2026 North Queensland flood disaster means the eligible disaster defined by the appropriate Minister, for the purpose of activating the disaster recovery funding arrangements, as ‘Communities within North Queensland affected by North Queensland Monsoon Trough, Associated Tropical Cyclone Koji and Severe Weather commencing 24 December 2025’, as amended from time to time.\n- (a) $100,000 for restocking; or\n- (b) $100,000 for meeting carry-on requirements.","sortOrder":96},{"sectionNumber":"sch.2-sec.7","sectionType":"section","heading":"Eligibility criteria","content":"### sch.2-sec.7 Eligibility criteria\n\nFor an applicant to be eligible to receive assistance under the scheme for an eligible disaster, the authority must be satisfied—\nthe applicant is a primary producer; and\nif the applicant’s primary production enterprise involves wild-catch fishing—\na boat or equipment used in carrying on the enterprise has been lost or damaged as a direct result of the disaster; and\neither—\nthe boat or equipment was in the defined disaster area for the disaster when the disaster happened; or\nthe enterprise is an individual disaster stricken enterprise as a result of the disaster; and\nif paragraph (b) does not apply to the primary production enterprise—\nthe property where the enterprise is carried on has been significantly damaged as a direct result of the disaster; and\neither—\nthe property is in the defined disaster area for the disaster; or\nthe enterprise is an individual disaster stricken enterprise as a result of the disaster; and\nif 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\nthe applicant has taken reasonable precautions to avoid or minimise loss or damage from the disaster; and\nThe applicant had adequate insurance against loss or damage from the disaster.\nthe applicant has used all of the applicant’s liquid assets and all normal credit sources up to normal credit limits; and\nthe primary production enterprise will be viable with the assistance given; and\nthe applicant has not taken excessive risks in carrying on the primary production enterprise.\nFor 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—\nthe IDSP certificate, if any, issued for the enterprise; or\nif the chief executive has refused to issue an IDSP certificate for the enterprise—the reasons for the refusal.\nsch 2 s 7 amd 2013 SL No. 19 s 6 ; 2018 SL No. 172 s 8\n(sch.2-sec.7-ssec.1) For an applicant to be eligible to receive assistance under the scheme for an eligible disaster, the authority must be satisfied— the applicant is a primary producer; and if the applicant’s primary production enterprise involves wild-catch fishing— a boat or equipment used in carrying on the enterprise has been lost or damaged as a direct result of the disaster; and either— the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or the enterprise is an individual disaster stricken enterprise as a result of the disaster; and if paragraph (b) does not apply to the primary production enterprise— the property where the enterprise is carried on has been significantly damaged as a direct result of the disaster; and either— the property is in the defined disaster area for the disaster; or the enterprise is an individual disaster stricken enterprise as a result of the disaster; and 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 the applicant has taken reasonable precautions to avoid or minimise loss or damage from the disaster; and The applicant had adequate insurance against loss or damage from the disaster. the applicant has used all of the applicant’s liquid assets and all normal credit sources up to normal credit limits; and the primary production enterprise will be viable with the assistance given; and the applicant has not taken excessive risks in carrying on the primary production enterprise.\n(sch.2-sec.7-ssec.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— the IDSP certificate, if any, issued for the enterprise; or if the chief executive has refused to issue an IDSP certificate for the enterprise—the reasons for the refusal.\n- (a) the applicant is a primary producer; and\n- (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\n- (i) a boat or equipment used in carrying on the enterprise has been lost or damaged as a direct result of the disaster; and\n- (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\n- (A) the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or\n- (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and\n- (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\n- (i) the property where the enterprise is carried on has been significantly damaged as a direct result of the disaster; and\n- (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\n- (A) the property is in the defined disaster area for the disaster; or\n- (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and\n- (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\n- (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.\n- (f) the applicant has used all of the applicant’s liquid assets and all normal credit sources up to normal credit limits; and\n- (g) the primary production enterprise will be viable with the assistance given; and\n- (h) the applicant has not taken excessive risks in carrying on the primary production enterprise.\n- (i) a boat or equipment used in carrying on the enterprise has been lost or damaged as a direct result of the disaster; and\n- (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\n- (A) the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or\n- (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and\n- (A) the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or\n- (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and\n- (i) the property where the enterprise is carried on has been significantly damaged as a direct result of the disaster; and\n- (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\n- (A) the property is in the defined disaster area for the disaster; or\n- (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and\n- (A) the property is in the defined disaster area for the disaster; or\n- (B) the enterprise is an individual disaster stricken enterprise as a result of the disaster; and\n- (a) the IDSP certificate, if any, issued for the enterprise; or\n- (b) if the chief executive has refused to issue an IDSP certificate for the enterprise—the reasons for the refusal.","sortOrder":97},{"sectionNumber":"sch.2-sec.8","sectionType":"section","heading":"Interest rates","content":"### sch.2-sec.8 Interest rates\n\nIf 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.\nSubject 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.\nAn applicant under subsection (2) may be given a loan at a concessional interest rate if the authority considers—\nthe applicant’s financial position is desperate but viable; and\nthe applicant’s circumstances are exceptional.\n(sch.2-sec.8-ssec.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.\n(sch.2-sec.8-ssec.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.\n(sch.2-sec.8-ssec.3) An applicant under subsection (2) may be given a loan at a concessional interest rate if the authority considers— the applicant’s financial position is desperate but viable; and the applicant’s circumstances are exceptional.\n- (a) the applicant’s financial position is desperate but viable; and\n- (b) the applicant’s circumstances are exceptional.","sortOrder":98},{"sectionNumber":"sch.2-sec.9","sectionType":"section","heading":"Security","content":"### sch.2-sec.9 Security\n\nIf an applicant is granted a loan under the scheme, the applicant must give security for the loan.\nThe security required is—\na mortgage of land or other assets, commensurate with the amount of the loan; and\nother security, if any, the authority considers necessary, including, for example, a crop lien or stock mortgage.\n(sch.2-sec.9-ssec.1) If an applicant is granted a loan under the scheme, the applicant must give security for the loan.\n(sch.2-sec.9-ssec.2) The security required is— a mortgage of land or other assets, commensurate with the amount of the loan; and other security, if any, the authority considers necessary, including, for example, a crop lien or stock mortgage.\n- (a) a mortgage of land or other assets, commensurate with the amount of the loan; and\n- (b) other security, if any, the authority considers necessary, including, for example, a crop lien or stock mortgage.","sortOrder":99},{"sectionNumber":"sch.2-sec.10","sectionType":"section","heading":"Terms of repayment","content":"### sch.2-sec.10 Terms of repayment\n\nThe term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\nThe amounts of the repayments of principal and interest under the loan are the amounts decided by the authority, subject to subsections (3) and (4) .\nThe authority may—\nreview an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and\nif the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.\nThe 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.\nsch 2 s 10 amd 2018 SL No. 172 s 9\n(sch.2-sec.10-ssec.1) The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\n(sch.2-sec.10-ssec.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) .\n(sch.2-sec.10-ssec.3) The authority may— review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.\n(sch.2-sec.10-ssec.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.\n- (a) review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and\n- (b) if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.","sortOrder":100},{"sectionNumber":"sch.2-sec.11","sectionType":"section","heading":"Review by authority","content":"### sch.2-sec.11 Review by authority\n\nAssistance given to a primary producer under the scheme is subject to an annual review by the authority.","sortOrder":101},{"sectionNumber":"sch.2-sec.12","sectionType":"section","heading":"Application","content":"### sch.2-sec.12 Application\n\nAn application must be—\nmade on the application form approved by the authority; and\naccompanied by—\nthe documentation stated on the application form; and\nif an IDSP certificate has been issued for the primary production enterprise to which the application relates—the IDSP certificate.\nAn applicant must give the completed application form to the authority or the applicant’s commercial lender for referral to the authority.\n(sch.2-sec.12-ssec.1) An application must be— made on the application form approved by the authority; and accompanied by— the documentation stated on the application form; and if an IDSP certificate has been issued for the primary production enterprise to which the application relates—the IDSP certificate.\n(sch.2-sec.12-ssec.2) An applicant must give the completed application form to the authority or the applicant’s commercial lender for referral to the authority.\n- (a) made on the application form approved by the authority; and\n- (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.\n- (i) the documentation stated on the application form; and\n- (ii) if an IDSP certificate has been issued for the primary production enterprise to which the application relates—the IDSP certificate.\n- (i) the documentation stated on the application form; and\n- (ii) if an IDSP certificate has been issued for the primary production enterprise to which the application relates—the IDSP certificate.","sortOrder":102},{"sectionNumber":"sch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":103},{"sectionNumber":"sch.4-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.4-sec.1 Objective of scheme\n\nThe 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.\nsch 4 s 1 sub 2022 SL No. 15 s 5","sortOrder":104},{"sectionNumber":"sch.4-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.4-sec.2 Purpose of assistance\n\nThe 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.\nFor subsection (1) , working capital expenses include, for example, the following—\npaying employee wages;\npaying creditors;\npaying rent and rates;\nbuying goods, including fuel, for carrying on the business.\nHowever, for subsection (1) , the following are not working capital expenses—\nrefinancing existing business loans or equipment finance;\nbuying new equipment or other assets.\nsch 4 s 2 sub 2022 SL No. 15 s 5\n(sch.4-sec.2-ssec.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.\n(sch.4-sec.2-ssec.2) For subsection (1) , working capital expenses include, for example, the following— paying employee wages; paying creditors; paying rent and rates; buying goods, including fuel, for carrying on the business.\n(sch.4-sec.2-ssec.3) However, for subsection (1) , the following are not working capital expenses— refinancing existing business loans or equipment finance; buying new equipment or other assets.\n- (a) paying employee wages;\n- (b) paying creditors;\n- (c) paying rent and rates;\n- (d) buying goods, including fuel, for carrying on the business.\n- (a) refinancing existing business loans or equipment finance;\n- (b) buying new equipment or other assets.","sortOrder":105},{"sectionNumber":"sch.4-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.4-sec.3 Definitions for schedule\n\nIn this schedule—\nprimary producer means—\na 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\nin 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.\nprimary production enterprise means a business—\nthat—\ninvolves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; or\nsupports primary production; and\nfarm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\nfor which an entity holds an Australian Business Number.\nsch 4 s 3 def primary production enterprise amd 2025 SL No. 169 s 5\nresilience plan , for a primary production enterprise, see section 4 .\nscheme means the scheme set out in this schedule.\nsch 4 s 3 sub 2022 SL No. 15 s 5\n- (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\n- (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.\n- (a) that— (i) involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; or (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\n- (i) involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; or\n- (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\n- (b) for which an entity holds an Australian Business Number.\n- (i) involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; or\n- (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business","sortOrder":106},{"sectionNumber":"sch.4-sec.4","sectionType":"section","heading":"Meaning of resilience plan","content":"### sch.4-sec.4 Meaning of resilience plan\n\nA resilience plan , for a primary production enterprise, is a plan that the authority is satisfied—\naddresses risks relevant to the primary production enterprise, including—\nviability risks; and\nproductivity risks; and\nbusiness and climate risks, such as drought; and\ndetails 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\ncomplies with the guidelines for resilience plans under the scheme that are issued by the authority.\nA copy of the guidelines for resilience plans under the scheme may be obtained from the authority.\nsch 4 s 4 sub 2022 SL No. 15 s 5\n- (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\n- (i) viability risks; and\n- (ii) productivity risks; and\n- (iii) business and climate risks, such as drought; and\n- (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\n- (c) complies with the guidelines for resilience plans under the scheme that are issued by the authority.\n- (i) viability risks; and\n- (ii) productivity risks; and\n- (iii) business and climate risks, such as drought; and","sortOrder":107},{"sectionNumber":"sch.4-pt.2","sectionType":"part","heading":"General provisions of scheme","content":"# General provisions of scheme","sortOrder":108},{"sectionNumber":"sch.4-sec.5","sectionType":"section","heading":"Nature of assistance","content":"### sch.4-sec.5 Nature of assistance\n\nThe 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 .\nsch 4 s 5 sub 2022 SL No. 15 s 5","sortOrder":109},{"sectionNumber":"sch.4-sec.6","sectionType":"section","heading":"Maximum loan amount","content":"### sch.4-sec.6 Maximum loan amount\n\nThe maximum amount of a loan, or total outstanding loan balance, under the scheme is $250,000.\nHowever, 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.\nsch 4 s 6 sub 2022 SL No. 15 s 5\n(sch.4-sec.6-ssec.1) The maximum amount of a loan, or total outstanding loan balance, under the scheme is $250,000.\n(sch.4-sec.6-ssec.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.","sortOrder":110},{"sectionNumber":"sch.4-sec.7","sectionType":"section","heading":"Eligibility criteria","content":"### sch.4-sec.7 Eligibility criteria\n\nTo be eligible to receive assistance under the scheme the applicant must demonstrate to the authority that—\nthe assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and\nthe applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and\nan interested person for the primary production enterprise is a primary producer; and\nthe applicant—\nhas taken reasonable precautions to minimise the effect of drought on the primary production enterprise; and\nmaintaining stock at levels commensurate with seasonal conditions\nintends 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\ncan service the loan; and\nthe primary production enterprise—\nhas been carried on for at least 12 months before the day the application for assistance is made; and\ndemonstrates prospects for commercial viability; and\nrequires financial assistance because the primary production enterprise has been significantly financially affected by drought.\nAlso, 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.\nHowever, an applicant is not eligible to receive assistance under the scheme if—\nthe applicant has received assistance under the scheme and the loan has not been discharged; or\nthe applicant has received assistance under the scheme in the 5 years before the day the application for assistance is made; or\nthe applicant or an interested person for the primary production enterprise—\nhas 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\nhas received DRAS funding for the invoice.\nIn this section—\ndepartment means the department in which the Fisheries Act 1994 is administered.\nDRAS funding means—\na freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or\na rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department.\ninterested person , for a primary production enterprise, means—\nif the primary production enterprise is carried on by a sole trader—the sole trader; or\nif 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.\nsch 4 s 7 sub 2022 SL No. 15 s 5\namd 2025 SL No. 138 s 4\n(sch.4-sec.7-ssec.1) To be eligible to receive assistance under the scheme the applicant must demonstrate to the authority that— the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and an interested person for the primary production enterprise is a primary producer; and the applicant— has taken reasonable precautions to minimise the effect of drought on the primary production enterprise; and maintaining stock at levels commensurate with seasonal conditions 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 can service the loan; and the primary production enterprise— has been carried on for at least 12 months before the day the application for assistance is made; and demonstrates prospects for commercial viability; and requires financial assistance because the primary production enterprise has been significantly financially affected by drought.\n(sch.4-sec.7-ssec.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.\n(sch.4-sec.7-ssec.3) However, an applicant is not eligible to receive assistance under the scheme if— the applicant has received assistance under the scheme and the loan has not been discharged; or the applicant has received assistance under the scheme in the 5 years before the day the application for assistance is made; or the applicant or an interested person for the primary production enterprise— 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 has received DRAS funding for the invoice.\n(sch.4-sec.7-ssec.4) In this section— department means the department in which the Fisheries Act 1994 is administered. DRAS funding means— a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or 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— if the primary production enterprise is carried on by a sole trader—the sole trader; or 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.\n- (a) the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and\n- (b) the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and\n- (c) an interested person for the primary production enterprise is a primary producer; and\n- (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\n- (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\n- (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\n- (iii) can service the loan; and\n- (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.\n- (i) has been carried on for at least 12 months before the day the application for assistance is made; and\n- (ii) demonstrates prospects for commercial viability; and\n- (iii) requires financial assistance because the primary production enterprise has been significantly financially affected by drought.\n- (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\n- (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\n- (iii) can service the loan; and\n- (i) has been carried on for at least 12 months before the day the application for assistance is made; and\n- (ii) demonstrates prospects for commercial viability; and\n- (iii) requires financial assistance because the primary production enterprise has been significantly financially affected by drought.\n- (a) the applicant has received assistance under the scheme and the loan has not been discharged; or\n- (b) the applicant has received assistance under the scheme in the 5 years before the day the application for assistance is made; or\n- (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.\n- (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\n- (ii) has received DRAS funding for the invoice.\n- (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\n- (ii) has received DRAS funding for the invoice.\n- (a) a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or\n- (b) a rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department.\n- (a) if the primary production enterprise is carried on by a sole trader—the sole trader; or\n- (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.","sortOrder":111},{"sectionNumber":"sch.4-sec.8","sectionType":"section","heading":"Interest rates","content":"### sch.4-sec.8 Interest rates\n\nThe interest charged on a loan given under the scheme must be calculated at a concessional interest rate decided by the authority.\nThe authority may include a condition varying the interest rate during the term of the loan.\nsch 4 s 8 sub 2022 SL No. 15 s 5\n(sch.4-sec.8-ssec.1) The interest charged on a loan given under the scheme must be calculated at a concessional interest rate decided by the authority.\n(sch.4-sec.8-ssec.2) The authority may include a condition varying the interest rate during the term of the loan.","sortOrder":112},{"sectionNumber":"sch.4-sec.9","sectionType":"section","heading":"Security","content":"### sch.4-sec.9 Security\n\nA loan under the scheme must be secured to the satisfaction of the authority.\nsch 4 s 9 sub 2022 SL No. 15 s 5","sortOrder":113},{"sectionNumber":"sch.4-sec.10","sectionType":"section","heading":"Terms of repayment","content":"### sch.4-sec.10 Terms of repayment\n\nThe term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\nDuring the first 2 years of the loan term, the applicant must make the interest repayments decided by the authority.\nFrom the start of the third year of the loan term, the applicant must make the principal and interest repayments decided by the authority.\nsch 4 s 10 sub 2022 SL No. 15 s 5\n(sch.4-sec.10-ssec.1) The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\n(sch.4-sec.10-ssec.2) During the first 2 years of the loan term, the applicant must make the interest repayments decided by the authority.\n(sch.4-sec.10-ssec.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.","sortOrder":114},{"sectionNumber":"sch.4-sec.11","sectionType":"section","heading":"Condition","content":"### sch.4-sec.11 Condition\n\nThe payment of assistance under the scheme is subject to the condition stated in this section.\nIf 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.\nsch 4 s 11 sub 2022 SL No. 15 s 5\n(sch.4-sec.11-ssec.1) The payment of assistance under the scheme is subject to the condition stated in this section.\n(sch.4-sec.11-ssec.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.","sortOrder":115},{"sectionNumber":"sch.4-sec.12","sectionType":"section","heading":"Requirements for applications","content":"### sch.4-sec.12 Requirements for applications\n\nAn application for assistance under the scheme must—\nbe made on the authority’s application form; and\nbe accompanied by the documents stated on the application form; and\nbe given to the authority.\nIf the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\nsch 4 s 12 ins 2022 SL No. 15 s 5\n(sch.4-sec.12-ssec.1) An application for assistance under the scheme must— be made on the authority’s application form; and be accompanied by the documents stated on the application form; and be given to the authority.\n(sch.4-sec.12-ssec.2) If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\n- (a) be made on the authority’s application form; and\n- (b) be accompanied by the documents stated on the application form; and\n- (c) be given to the authority.","sortOrder":116},{"sectionNumber":"sch.4-sec.13","sectionType":"section","heading":"Deciding applications","content":"### sch.4-sec.13 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 12 (1) .\nThe authority must consider applications in the order they are received by the authority.\nThe authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not enough to pay for the assistance.\nsch 4 s 13 ins 2022 SL No. 15 s 5\n(sch.4-sec.13-ssec.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) .\n(sch.4-sec.13-ssec.2) The authority must consider applications in the order they are received by the authority.\n(sch.4-sec.13-ssec.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.","sortOrder":117},{"sectionNumber":"sch.4-sec.14","sectionType":"section","heading":"Review by authority","content":"### sch.4-sec.14 Review by authority\n\nAssistance given to an applicant under the scheme may be subject to an annual review by the authority.\nsch 4 s 14 ins 2022 SL No. 15 s 5","sortOrder":118},{"sectionNumber":"sch.5-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":119},{"sectionNumber":"sch.5-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.5-sec.1 Objective of scheme\n\nThe 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.\nsch 5 s 1 sub 2022 SL No. 15 s 5","sortOrder":120},{"sectionNumber":"sch.5-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.5-sec.2 Purpose of assistance\n\nThe 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.\nFor subsection (1) , working capital expenses include, for example, the following—\npaying employee wages;\npaying creditors;\npaying rent and rates;\nbuying goods, including fuel, for carrying on the business.\nHowever, for subsection (1) , the following are not working capital expenses—\nrefinancing existing business loans or equipment finance;\nbuying new equipment or other assets.\nsch 5 s 2 sub 2022 SL No. 15 s 5\n(sch.5-sec.2-ssec.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.\n(sch.5-sec.2-ssec.2) For subsection (1) , working capital expenses include, for example, the following— paying employee wages; paying creditors; paying rent and rates; buying goods, including fuel, for carrying on the business.\n(sch.5-sec.2-ssec.3) However, for subsection (1) , the following are not working capital expenses— refinancing existing business loans or equipment finance; buying new equipment or other assets.\n- (a) paying employee wages;\n- (b) paying creditors;\n- (c) paying rent and rates;\n- (d) buying goods, including fuel, for carrying on the business.\n- (a) refinancing existing business loans or equipment finance;\n- (b) buying new equipment or other assets.","sortOrder":121},{"sectionNumber":"sch.5-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.5-sec.3 Definitions for schedule\n\nIn this schedule—\nprimary producer means—\na 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\nin 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.\nprimary production enterprise means a business—\nthat—\ninvolves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; or\nsupports primary production; and\nfarm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\nfor which an entity holds an Australian Business Number.\nsch 5 s 3 def primary production enterprise amd 2025 SL No. 169 s 6\nresilience plan , for a primary production enterprise, see section 4 .\nscheme means the scheme set out in this schedule.\nsch 5 s 3 sub 2022 SL No. 15 s 5\n- (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\n- (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.\n- (a) that— (i) involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; or (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\n- (i) involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; or\n- (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\n- (b) for which an entity holds an Australian Business Number.\n- (i) involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; or\n- (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business","sortOrder":122},{"sectionNumber":"sch.5-sec.4","sectionType":"section","heading":"Meaning of resilience plan","content":"### sch.5-sec.4 Meaning of resilience plan\n\nA resilience plan , for a primary production enterprise, is a plan that the authority is satisfied—\naddresses risks relevant to the primary production enterprise, including—\nviability risks; and\nproductivity risks; and\nbusiness and climate risks, such as drought; and\ndetails 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\ncomplies with the guidelines for resilience plans under the scheme that are issued by the authority.\nA copy of the guidelines for resilience plans under the scheme may be obtained from the authority.\nsch 5 s 4 sub 2022 SL No. 15 s 5\n- (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\n- (i) viability risks; and\n- (ii) productivity risks; and\n- (iii) business and climate risks, such as drought; and\n- (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\n- (c) complies with the guidelines for resilience plans under the scheme that are issued by the authority.\n- (i) viability risks; and\n- (ii) productivity risks; and\n- (iii) business and climate risks, such as drought; and","sortOrder":123},{"sectionNumber":"sch.5-pt.2","sectionType":"part","heading":"General provisions of scheme","content":"# General provisions of scheme","sortOrder":124},{"sectionNumber":"sch.5-sec.5","sectionType":"section","heading":"Nature of assistance","content":"### sch.5-sec.5 Nature of assistance\n\nThe 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 .\nsch 5 s 5 sub 2022 SL No. 15 s 5","sortOrder":125},{"sectionNumber":"sch.5-sec.6","sectionType":"section","heading":"Maximum loan amount","content":"### sch.5-sec.6 Maximum loan amount\n\nThe maximum amount of a loan, or total outstanding loan balance, under the scheme is $50,000.\nHowever, 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.\nsch 5 s 6 sub 2022 SL No. 15 s 5\n(sch.5-sec.6-ssec.1) The maximum amount of a loan, or total outstanding loan balance, under the scheme is $50,000.\n(sch.5-sec.6-ssec.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.","sortOrder":126},{"sectionNumber":"sch.5-sec.7","sectionType":"section","heading":"Eligibility criteria","content":"### sch.5-sec.7 Eligibility criteria\n\nTo be eligible to receive assistance under the scheme the applicant must demonstrate to the authority that—\nthe assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and\nthe applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and\nan interested person for the primary production enterprise is a primary producer; and\nthe applicant—\nhas taken reasonable precautions to minimise the effect of drought on the primary production enterprise; and\nmaintaining stock at levels commensurate with seasonal conditions\nintends 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\ncan service the loan; and\nthe primary production enterprise—\nhas been carried on for at least 12 months before the day the application for assistance is made; and\ndemonstrates prospects for commercial viability; and\nrequires financial assistance because the primary production enterprise has been significantly financially affected by drought.\nAlso, 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.\nHowever, an applicant is not eligible to receive assistance under the scheme if—\nthe applicant has received assistance under the scheme and the loan has not been discharged; or\nthe applicant has received assistance under the scheme in the 5 years before the day the application for assistance is made; or\nthe applicant or an interested person for the primary production enterprise—\nhas 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\nhas received DRAS funding for the invoice.\nIn this section—\ndepartment means the department in which the Fisheries Act 1994 is administered.\nDRAS funding means—\na freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or\na rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department.\ninterested person , for a primary production enterprise, means—\nif the primary production enterprise is carried on by a sole trader—the sole trader; or\nif 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.\nsch 5 s 7 sub 2022 SL No. 15 s 5\namd 2025 SL No. 138 s 5\n(sch.5-sec.7-ssec.1) To be eligible to receive assistance under the scheme the applicant must demonstrate to the authority that— the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and an interested person for the primary production enterprise is a primary producer; and the applicant— has taken reasonable precautions to minimise the effect of drought on the primary production enterprise; and maintaining stock at levels commensurate with seasonal conditions 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 can service the loan; and the primary production enterprise— has been carried on for at least 12 months before the day the application for assistance is made; and demonstrates prospects for commercial viability; and requires financial assistance because the primary production enterprise has been significantly financially affected by drought.\n(sch.5-sec.7-ssec.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.\n(sch.5-sec.7-ssec.3) However, an applicant is not eligible to receive assistance under the scheme if— the applicant has received assistance under the scheme and the loan has not been discharged; or the applicant has received assistance under the scheme in the 5 years before the day the application for assistance is made; or the applicant or an interested person for the primary production enterprise— 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 has received DRAS funding for the invoice.\n(sch.5-sec.7-ssec.4) In this section— department means the department in which the Fisheries Act 1994 is administered. DRAS funding means— a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or 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— if the primary production enterprise is carried on by a sole trader—the sole trader; or 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.\n- (a) the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and\n- (b) the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and\n- (c) an interested person for the primary production enterprise is a primary producer; and\n- (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\n- (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\n- (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\n- (iii) can service the loan; and\n- (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.\n- (i) has been carried on for at least 12 months before the day the application for assistance is made; and\n- (ii) demonstrates prospects for commercial viability; and\n- (iii) requires financial assistance because the primary production enterprise has been significantly financially affected by drought.\n- (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\n- (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\n- (iii) can service the loan; and\n- (i) has been carried on for at least 12 months before the day the application for assistance is made; and\n- (ii) demonstrates prospects for commercial viability; and\n- (iii) requires financial assistance because the primary production enterprise has been significantly financially affected by drought.\n- (a) the applicant has received assistance under the scheme and the loan has not been discharged; or\n- (b) the applicant has received assistance under the scheme in the 5 years before the day the application for assistance is made; or\n- (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.\n- (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\n- (ii) has received DRAS funding for the invoice.\n- (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\n- (ii) has received DRAS funding for the invoice.\n- (a) a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or\n- (b) a rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department.\n- (a) if the primary production enterprise is carried on by a sole trader—the sole trader; or\n- (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.","sortOrder":127},{"sectionNumber":"sch.5-sec.8","sectionType":"section","heading":"Security","content":"### sch.5-sec.8 Security\n\nA loan under the scheme must be secured to the satisfaction of the authority.\nsch 5 s 8 sub 2022 SL No. 15 s 5","sortOrder":128},{"sectionNumber":"sch.5-sec.9","sectionType":"section","heading":"Terms of repayment","content":"### sch.5-sec.9 Terms of repayment\n\nThe term of a loan under the scheme is the term decided by the authority up to a maximum of 7 years.\nDuring the first 2 years of the loan term, the authority must defer repayments of the principal.\nFrom the start of the third year of the loan term, the applicant must make the principal repayments decided by the authority.\nsch 5 s 9 sub 2022 SL No. 15 s 5\n(sch.5-sec.9-ssec.1) The term of a loan under the scheme is the term decided by the authority up to a maximum of 7 years.\n(sch.5-sec.9-ssec.2) During the first 2 years of the loan term, the authority must defer repayments of the principal.\n(sch.5-sec.9-ssec.3) From the start of the third year of the loan term, the applicant must make the principal repayments decided by the authority.","sortOrder":129},{"sectionNumber":"sch.5-sec.10","sectionType":"section","heading":"Condition","content":"### sch.5-sec.10 Condition\n\nThe payment of assistance under the scheme is subject to the condition stated in this section.\nIf 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.\nsch 5 s 10 sub 2022 SL No. 15 s 5\n(sch.5-sec.10-ssec.1) The payment of assistance under the scheme is subject to the condition stated in this section.\n(sch.5-sec.10-ssec.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.","sortOrder":130},{"sectionNumber":"sch.5-sec.11","sectionType":"section","heading":"Requirements for applications","content":"### sch.5-sec.11 Requirements for applications\n\nAn application for assistance under the scheme must—\nbe made on the authority’s application form; and\nbe accompanied by the documents stated on the application form; and\nbe given to the authority.\nIf the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\nsch 5 s 11 sub 2022 SL No. 15 s 5\n(sch.5-sec.11-ssec.1) An application for assistance under the scheme must— be made on the authority’s application form; and be accompanied by the documents stated on the application form; and be given to the authority.\n(sch.5-sec.11-ssec.2) If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\n- (a) be made on the authority’s application form; and\n- (b) be accompanied by the documents stated on the application form; and\n- (c) be given to the authority.","sortOrder":131},{"sectionNumber":"sch.5-sec.12","sectionType":"section","heading":"Deciding applications","content":"### sch.5-sec.12 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 11 (1) .\nThe authority must consider applications in the order they are received by the authority.\nThe authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not enough to pay for the assistance.\nsch 5 s 12 sub 2022 SL No. 15 s 5\n(sch.5-sec.12-ssec.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) .\n(sch.5-sec.12-ssec.2) The authority must consider applications in the order they are received by the authority.\n(sch.5-sec.12-ssec.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.","sortOrder":132},{"sectionNumber":"sch.5-sec.13","sectionType":"section","heading":"Review by authority","content":"### sch.5-sec.13 Review by authority\n\nAssistance given to an applicant under the scheme may be subject to an annual review by the authority.\nsch 5 s 13 sub 2022 SL No. 15 s 5","sortOrder":133},{"sectionNumber":"sch.7-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":134},{"sectionNumber":"sch.7-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.7-sec.1 Objective of scheme\n\nThe 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.\nsch 7 s 1 prev sch 7 s 1 om 2014 SL No. 51 s 6\npres sch 7 s 1 ins 2014 SL No. 169 s 5","sortOrder":135},{"sectionNumber":"sch.7-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.7-sec.2 Purpose of assistance\n\nThe 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.\nHowever, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered as a result of an eligible disaster.\nAlso, the scheme is not intended to provide assistance relating to direct damage suffered as a result of an eligible disaster.\nsch 7 s 2 prev sch 7 s 2 om 2014 SL No. 51 s 6\npres sch 7 s 2 ins 2014 SL No. 169 s 5\n(sch.7-sec.2-ssec.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.\n(sch.7-sec.2-ssec.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.\n(sch.7-sec.2-ssec.3) Also, the scheme is not intended to provide assistance relating to direct damage suffered as a result of an eligible disaster.","sortOrder":136},{"sectionNumber":"sch.7-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.7-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means a person applying for financial assistance under the scheme.\nappropriate Minister means the Minister responsible for administering the Queensland Reconstruction Authority Act 2011 .\nsch 7 s 3 def appropriate Minister amd 2025 SL No. 120 s 8 (2)\ndefined disaster area , for an eligible disaster, means an area—\ndefined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and\ndescribed in a document held by the authority and available for inspection by members of the public.\nDefined disaster areas are published on the authority’s website.\nsch 7 s 3 def defined disaster area amd 2018 SL No. 172 s 18 (3)\ndevelopment see the Planning Act 2016 , schedule 2 .\nsch 7 s 3 def development ins 2018 SL No. 172 s 18 (2)\ndisaster 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.\nThe disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.\nsch 7 s 3 def disaster recovery funding arrangements ins 2018 SL No. 172 s 18 (2)\neligible disaster means—\na natural disaster; or\na terrorist act.\nsch 7 s 3 def eligible disaster sub 2018 SL No. 172 s 18 (1) – (2)\neligible entity means a person eligible under section 8 for assistance under the scheme.\nessential working capital see section 6 (2) .\nloss of income see section 5A .\nsch 7 s 3 def loss of income ins 2018 SL No. 172 s 18 (2)\nnatural disaster see section 4 .\nsch 7 s 3 def natural disaster ins 2018 SL No. 172 s 18 (2)\nnatural disaster relief and recovery arrangements ...\nsch 7 s 3 def natural disaster relief and recovery arrangements om 2018 SL No. 172 s 18 (1)\nnon-profit organisation means a charity or other not-for-profit entity that is—\nincorporated under a law of the Commonwealth or a State; and\neither—\nregistered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or\nregistered or otherwise authorised to raise funds under a law of another State.\nsch 7 s 3 def non-profit organisation sub 2018 SL No. 172 s 18 (1) – (2)\nofficial receipt means a receipt including—\nthe name and address of the entity that issued the receipt; and\nif the entity has an Australian Business Number—the Australian Business Number; and\na description of each item to which the receipt relates.\nprimary producer means—\na sole trader who—\nspends the majority of their labour on a primary production enterprise; and\neither—\nderives the majority of their income from the primary production enterprise; or\nin 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; or\na partnership, company or trust that carries on a primary production enterprise for which the partners, shareholders or beneficiaries—\nspend the majority of their labour on a primary production enterprise; and\neither—\nderive the majority of their income from the primary production enterprise; or\nin 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.\nsch 7 s 3 def primary producer amd 2025 SL No. 120 s 8 (3)\nprimary production enterprise means a business—\nthat—\ninvolves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or\nsupports primary production; and\nfarm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\nfor which an entity holds an Australian Business Number.\nsch 7 s 3 def primary production enterprise sub 2025 SL No. 120 s 8 (1)\namd 2025 SL No. 169 s 7 (2) – (4)\nscheme means the scheme set out in this schedule.\nsmall business see section 5 .\nsmall business owner means—\na 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\nin 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.\nterrorist act see the Police Powers and Responsibilities Act 2000 , section 211 .\nsch 7 s 3 def terrorist act ins 2018 SL No. 172 s 18 (2)\nsch 7 s 3 prev sch 7 s 3 om 2014 SL No. 51 s 6\npres sch 7 s 3 ins 2014 SL No. 169 s 5\namd 2025 SL No. 169 s 7 (1)\n- (a) defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and\n- (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.\n- (a) a natural disaster; or\n- (b) a terrorist act.\n- (a) incorporated under a law of the Commonwealth or a State; and\n- (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.\n- (i) registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or\n- (ii) registered or otherwise authorised to raise funds under a law of another State.\n- (i) registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or\n- (ii) registered or otherwise authorised to raise funds under a law of another State.\n- (a) the name and address of the entity that issued the receipt; and\n- (b) if the entity has an Australian Business Number—the Australian Business Number; and\n- (c) a description of each item to which the receipt relates.\n- (a) a sole trader who— (i) spends the majority of their labour on a primary production enterprise; and (ii) either— (A) derives 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; or\n- (i) spends the majority of their labour on a primary production enterprise; and\n- (ii) either— (A) derives 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; or\n- (A) derives the majority of their income from the primary production enterprise; or\n- (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; or\n- (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.\n- (i) spend the majority of their labour on a primary production enterprise; and\n- (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.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (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.\n- (i) spends the majority of their labour on a primary production enterprise; and\n- (ii) either— (A) derives 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; or\n- (A) derives the majority of their income from the primary production enterprise; or\n- (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; or\n- (A) derives the majority of their income from the primary production enterprise; or\n- (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; or\n- (i) spend the majority of their labour on a primary production enterprise; and\n- (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.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (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.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (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.\n- (a) that— (i) involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\n- (i) involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or\n- (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\n- (b) for which an entity holds an Australian Business Number.\n- (i) involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or\n- (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\n- (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\n- (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.","sortOrder":137},{"sectionNumber":"sch.7-sec.4","sectionType":"section","heading":"Meaning of natural disaster","content":"### sch.7-sec.4 Meaning of natural disaster\n\nA natural disaster means any of the following events—\na bushfire;\na cyclone;\nan earthquake;\na flood;\na landslide;\na meteorite strike;\na storm, including any of, or any combination of, the following—\nhail;\nrain;\nwind;\na storm surge;\na tornado;\na tsunami.\nHowever, 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.\na deliberate act\nan accident\ndevelopment\nsch 7 s 4 prev sch 7 s 4 om 2014 SL No. 51 s 6\npres sch 7 s 4 ins 2014 SL No. 169 s 5\namd 2018 SL No. 172 s 19\n(sch.7-sec.4-ssec.1) A natural disaster means any of the following events— a bushfire; a cyclone; an earthquake; a flood; a landslide; a meteorite strike; a storm, including any of, or any combination of, the following— hail; rain; wind; a storm surge; a tornado; a tsunami.\n(sch.7-sec.4-ssec.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. a deliberate act an accident development\n- (a) a bushfire;\n- (b) a cyclone;\n- (c) an earthquake;\n- (d) a flood;\n- (e) a landslide;\n- (f) a meteorite strike;\n- (g) a storm, including any of, or any combination of, the following— (i) hail; (ii) rain; (iii) wind;\n- (i) hail;\n- (ii) rain;\n- (iii) wind;\n- (h) a storm surge;\n- (i) a tornado;\n- (j) a tsunami.\n- (i) hail;\n- (ii) rain;\n- (iii) wind;\n- • a deliberate act\n- • an accident\n- • development","sortOrder":138},{"sectionNumber":"sch.7-sec.5","sectionType":"section","heading":"Meaning of small business","content":"### sch.7-sec.5 Meaning of small business\n\nA small business is a business—\nfor which an entity holds an Australian Business Number; and\nin which are employed fewer than—\n20 full-time employees; or\nif the business has employees other than full-time employees—20 equivalent full-time employees; and\nthat is not operated by a public company.\nHowever, a small business does not include—\na body corporate under the Body Corporate and Community Management Act 1997 ; or\na business mentioned in section 3 , definition primary production enterprise , paragraph (a) .\nFor subsection (1) (b) , the number of equivalent full-time employees of a business is worked out using the formula—\nwhere—\nE means the number of equivalent full-time employees of the business.\nF means the number of full-time employees of the business.\nP means the total number of hours worked each week by employees other than full-time employees.\nIn this section—\nfull-time employee , of a business, means an individual who ordinarily works for at least 35 hours each week for the business.\npublic company means a public company within the meaning of the Corporations Act .\nsch 7 s 5 prev sch 7 s 5 om 2014 SL No. 51 s 6\npres sch 7 s 5 ins 2014 SL No. 169 s 5\namd 2018 SL No. 172 s 20 ; 2025 SL No. 120 s 9\n(sch.7-sec.5-ssec.1) A small business is a business— for which an entity holds an Australian Business Number; and in which are employed fewer than— 20 full-time employees; or if the business has employees other than full-time employees—20 equivalent full-time employees; and that is not operated by a public company.\n(sch.7-sec.5-ssec.2) However, a small business does not include— a body corporate under the Body Corporate and Community Management Act 1997 ; or a business mentioned in section 3 , definition primary production enterprise , paragraph (a) .\n(sch.7-sec.5-ssec.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.\n(sch.7-sec.5-ssec.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 .\n- (a) for which an entity holds an Australian Business Number; and\n- (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\n- (i) 20 full-time employees; or\n- (ii) if the business has employees other than full-time employees—20 equivalent full-time employees; and\n- (c) that is not operated by a public company.\n- (i) 20 full-time employees; or\n- (ii) if the business has employees other than full-time employees—20 equivalent full-time employees; and\n- (a) a body corporate under the Body Corporate and Community Management Act 1997 ; or\n- (b) a business mentioned in section 3 , definition primary production enterprise , paragraph (a) .","sortOrder":139},{"sectionNumber":"sch.7-sec.5A","sectionType":"section","heading":"Meaning of loss of income","content":"### sch.7-sec.5A Meaning of loss of income\n\nA 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.\nThe 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.\nsch 7 s 5A ins 2018 SL No. 172 s 21\n(sch.7-sec.5A-ssec.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.\n(sch.7-sec.5A-ssec.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.","sortOrder":140},{"sectionNumber":"sch.7-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":141},{"sectionNumber":"sch.7-sec.6","sectionType":"section","heading":"Nature of assistance","content":"### sch.7-sec.6 Nature of assistance\n\nThe 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.\nEssential 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.\npaying salaries or wages\npaying creditors\npaying rent or rates\nbuying goods, including, for example, fuel, essential to carrying on the primary production enterprise, small business or non-profit activities\nfor a primary production enterprise, buying fodder or water for livestock or produce or transporting livestock or produce\nsch 7 s 6 prev sch 7 s 6 om 2014 SL No. 51 s 6\npres sch 7 s 6 ins 2014 SL No. 169 s 5\n(sch.7-sec.6-ssec.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.\n(sch.7-sec.6-ssec.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. 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\n- • paying salaries or wages\n- • paying creditors\n- • paying rent or rates\n- • buying goods, including, for example, fuel, essential to carrying on the primary production enterprise, small business or non-profit activities\n- • for a primary production enterprise, buying fodder or water for livestock or produce or transporting livestock or produce","sortOrder":142},{"sectionNumber":"sch.7-sec.7","sectionType":"section","heading":"Maximum loan amount","content":"### sch.7-sec.7 Maximum loan amount\n\nThe amount of a loan to an applicant under the scheme for an eligible disaster—\nis based on the authority’s assessment of the applicant’s financial position, including any amount recovered by the applicant under an insurance policy; and\nmust 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.\nHowever, the amount of a loan to an applicant under the scheme for an eligible disaster must not be more than $100,000.\nsch 7 s 7 prev sch 7 s 7 om 2014 SL No. 51 s 6\npres sch 7 s 7 ins 2014 SL No. 169 s 5\n(sch.7-sec.7-ssec.1) The amount of a loan to an applicant under the scheme for an eligible disaster— 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 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.\n(sch.7-sec.7-ssec.2) However, the amount of a loan to an applicant under the scheme for an eligible disaster must not be more than $100,000.\n- (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\n- (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.","sortOrder":143},{"sectionNumber":"sch.7-sec.8","sectionType":"section","heading":"Eligibility criteria","content":"### sch.7-sec.8 Eligibility criteria\n\nAn applicant is eligible for assistance for an eligible disaster under the scheme if the authority is satisfied—\nthe applicant is a primary producer, small business owner or non-profit organisation; and\nbefore 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\nthe applicant has suffered a significant loss of income as a result of the eligible disaster; and\nthe applicant has not taken excessive risks in carrying on the relevant activity; and\nThe authority is satisfied the applicant’s capital expenditure for the relevant activity has not been excessive.\nthe applicant is continuing the relevant activity in the defined disaster area; and\nthere are reasonable prospects for the long-term viability of the relevant activity if the assistance is provided; and\nthe applicant has used all liquid assets and normal credit sources up to normal credit limits; and\nthe applicant has no reasonable prospects of obtaining finance on ordinary commercial terms to carry on the relevant activity; and\nthe applicant has not received another concessional loan for loss or damage that was related to the eligible disaster.\nHowever, an applicant is not eligible for assistance for an eligible disaster under both—\nthis scheme; and\nthe scheme set out in schedule 2 , 3 or 21 .\nsch 7 s 8 prev sch 7 s 8 om 2014 SL No. 51 s 6\npres sch 7 s 8 ins 2014 SL No. 169 s 5\namd 2018 SL No. 172 s 22\n(sch.7-sec.8-ssec.1) An applicant is eligible for assistance for an eligible disaster under the scheme if the authority is satisfied— the applicant is a primary producer, small business owner or non-profit organisation; and 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 the applicant has suffered a significant loss of income as a result of the eligible disaster; and the applicant has not taken excessive risks in carrying on the relevant activity; and The authority is satisfied the applicant’s capital expenditure for the relevant activity has not been excessive. the applicant is continuing the relevant activity in the defined disaster area; and there are reasonable prospects for the long-term viability of the relevant activity if the assistance is provided; and the applicant has used all liquid assets and normal credit sources up to normal credit limits; and the applicant has no reasonable prospects of obtaining finance on ordinary commercial terms to carry on the relevant activity; and the applicant has not received another concessional loan for loss or damage that was related to the eligible disaster.\n(sch.7-sec.8-ssec.2) However, an applicant is not eligible for assistance for an eligible disaster under both— this scheme; and the scheme set out in schedule 2 , 3 or 21 .\n- (a) the applicant is a primary producer, small business owner or non-profit organisation; and\n- (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\n- (c) the applicant has suffered a significant loss of income as a result of the eligible disaster; and\n- (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.\n- (e) the applicant is continuing the relevant activity in the defined disaster area; and\n- (f) there are reasonable prospects for the long-term viability of the relevant activity if the assistance is provided; and\n- (g) the applicant has used all liquid assets and normal credit sources up to normal credit limits; and\n- (h) the applicant has no reasonable prospects of obtaining finance on ordinary commercial terms to carry on the relevant activity; and\n- (i) the applicant has not received another concessional loan for loss or damage that was related to the eligible disaster.\n- (a) this scheme; and\n- (b) the scheme set out in schedule 2 , 3 or 21 .","sortOrder":144},{"sectionNumber":"sch.7-sec.9","sectionType":"section","heading":"Security","content":"### sch.7-sec.9 Security\n\nA loan under the scheme must be secured to the satisfaction of the authority.\nsch 7 s 9 prev sch 7 s 9 om 2014 SL No. 51 s 6\npres sch 7 s 9 ins 2014 SL No. 169 s 5","sortOrder":145},{"sectionNumber":"sch.7-sec.10","sectionType":"section","heading":"Terms of repayment","content":"### sch.7-sec.10 Terms of repayment\n\nThe term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\nThe amounts of the repayments of principal and interest under the loan are the amounts decided by the authority, subject to subsections (3) and (4) .\nHowever, the authority may—\nreview an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and\nif the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.\nThe 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.\nsch 7 s 10 prev sch 7 s 10 om 2014 SL No. 51 s 6\npres sch 7 s 10 ins 2014 SL No. 169 s 5\namd 2018 SL No. 172 s 23\n(sch.7-sec.10-ssec.1) The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\n(sch.7-sec.10-ssec.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) .\n(sch.7-sec.10-ssec.3) However, the authority may— review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.\n(sch.7-sec.10-ssec.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.\n- (a) review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and\n- (b) if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.","sortOrder":146},{"sectionNumber":"sch.7-sec.11","sectionType":"section","heading":"Conditions","content":"### sch.7-sec.11 Conditions\n\nPayment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3) .\nThe 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.\nIf 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—\nthe authority’s reasonable fee for giving the consent; and\nany other reasonable costs of the authority relating to the substitution.\nIn this section—\nappropriate 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.\nsch 7 s 11 ins 2014 SL No. 169 s 5\n(sch.7-sec.11-ssec.1) Payment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3) .\n(sch.7-sec.11-ssec.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.\n(sch.7-sec.11-ssec.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— the authority’s reasonable fee for giving the consent; and any other reasonable costs of the authority relating to the substitution.\n(sch.7-sec.11-ssec.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.\n- (a) the authority’s reasonable fee for giving the consent; and\n- (b) any other reasonable costs of the authority relating to the substitution.","sortOrder":147},{"sectionNumber":"sch.7-sec.12","sectionType":"section","heading":"Applications","content":"### sch.7-sec.12 Applications\n\nAn application for assistance under the scheme must—\nbe made on the authority’s application form; and\nbe accompanied by the documentation stated on the application; and\nbe given to the authority.\nThe authority may ask an applicant to provide further relevant information required to decide the application.\nsch 7 s 12 ins 2014 SL No. 169 s 5\n(sch.7-sec.12-ssec.1) An application for assistance under the scheme must— be made on the authority’s application form; and be accompanied by the documentation stated on the application; and be given to the authority.\n(sch.7-sec.12-ssec.2) The authority may ask an applicant to provide further relevant information required to decide the application.\n- (a) be made on the authority’s application form; and\n- (b) be accompanied by the documentation stated on the application; and\n- (c) be given to the authority.","sortOrder":148},{"sectionNumber":"sch.7-sec.13","sectionType":"section","heading":"Deciding applications","content":"### sch.7-sec.13 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\nsch 7 s 13 ins 2014 SL No. 169 s 5","sortOrder":149},{"sectionNumber":"sch.8-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":150},{"sectionNumber":"sch.8-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.8-sec.1 Objective of scheme\n\nThe 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.\nsch 8 s 1 orig sch 8 s 1 om 2014 SL No. 51 s 6\nprev sch 8 s 1 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1\npres sch 8 s 1 ins 2019 SL No. 128 s 4","sortOrder":151},{"sectionNumber":"sch.8-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.8-sec.2 Purpose of assistance\n\nThe 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.\nHowever, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered because of the eligible disaster.\nsch 8 s 2 orig sch 8 s 2 om 2014 SL No. 51 s 6\nprev sch 8 s 2 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1\npres sch 8 s 2 ins 2019 SL No. 128 s 4\n(sch.8-sec.2-ssec.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.\n(sch.8-sec.2-ssec.2) However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered because of the eligible disaster.","sortOrder":152},{"sectionNumber":"sch.8-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.8-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means a person applying for financial assistance under the scheme.\nappropriate Minister means the Minister responsible for administering the Disaster Management Act 2003 .\nbusiness owner means—\na 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\nin 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.\ndefined disaster area , for the eligible disaster, means an area—\ndefined 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\ndescribed in a document held by the authority and available for inspection by members of the public.\nDefined disaster areas are published on the authority’s website.\ndisaster 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.\nThe disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.\neligible 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’.\neligible entity means a primary producer or business owner who is eligible for assistance under the scheme.\nexceptional damage see section 4 .\nprimary producer means—\na 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\nin 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.\nprimary production enterprise means a business—\nthat involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and\nthat is registered under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) ; and\nfor which an entity holds an Australian Business Number; and\nthat is not operated by a public company.\npublic company means a public company within the meaning of the Corporations Act .\nrelevant business means a business, other than a primary production enterprise—\nthat is registered under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) ; and\nfor which an entity holds an Australian Business Number; and\nthat is not operated by a public company.\nscheme , unless otherwise provided, means the scheme set out in this schedule.\nsch 8 s 3 orig sch 8 s 3 om 2014 SL No. 51 s 6\nprev sch 8 s 3 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1\npres sch 8 s 3 ins 2019 SL No. 128 s 4\n- (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\n- (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.\n- (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\n- (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.\n- (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\n- (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.\n- (a) that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and\n- (b) that is registered under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) ; and\n- (c) for which an entity holds an Australian Business Number; and\n- (d) that is not operated by a public company.\n- (a) that is registered under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth) ; and\n- (b) for which an entity holds an Australian Business Number; and\n- (c) that is not operated by a public company.","sortOrder":153},{"sectionNumber":"sch.8-sec.4","sectionType":"section","heading":"Meaning of exceptional damage","content":"### sch.8-sec.4 Meaning of exceptional damage\n\nAn entity’s primary production enterprise or relevant business sustains exceptional damage as a direct result of the eligible disaster to the extent—\nassets used in carrying on the enterprise or business are damaged as a direct result of the eligible disaster; and\nthe 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.\nsch 8 s 4 orig sch 8 s 4 om 2014 SL No. 51 s 6\nprev sch 8 s 4 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1\npres sch 8 s 4 ins 2019 SL No. 128 s 4\n- (a) assets used in carrying on the enterprise or business are damaged as a direct result of the eligible disaster; and\n- (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.","sortOrder":154},{"sectionNumber":"sch.8-sec.5","sectionType":"section","heading":"References to entity’s primary production enterprise or relevant business","content":"### sch.8-sec.5 References to entity’s primary production enterprise or relevant business\n\nA 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.\nA 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.\nsch 8 s 5 orig sch 8 s 5 om 2014 SL No. 51 s 6\nprev sch 8 s 5 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1\npres sch 8 s 5 ins 2019 SL No. 128 s 4\n(sch.8-sec.5-ssec.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.\n(sch.8-sec.5-ssec.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.","sortOrder":155},{"sectionNumber":"sch.8-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":156},{"sectionNumber":"sch.8-sec.6","sectionType":"section","heading":"Nature of assistance","content":"### sch.8-sec.6 Nature of assistance\n\nThe nature of the assistance that may be given under the scheme to an eligible entity is a concessional loan for any of the following—\nrepairing or replacing damaged plant or equipment used in the entity’s primary production enterprise or relevant business;\nrepairing or replacing buildings used for carrying on the entity’s primary production enterprise or relevant business;\nmeeting requirements for carrying on the entity’s primary production enterprise or relevant business, including, for example—\nbuying goods necessary to carry on the activities of the enterprise or relevant business; and\npaying rates, rent or wages; and\npaying creditors;\nfor a primary production enterprise—meeting requirements for carrying on the enterprise, including, for example—\nreplanting, restoring or re-establishing areas affected by the eligible disaster; and\nbuying livestock to replace livestock lost because of the eligible disaster; and;\nsustaining livestock: and\ncarrying on essential property operations;\nfor 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.\nsch 8 s 6 orig sch 8 s 6 om 2014 SL No. 51 s 6\nprev sch 8 s 6 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1\npres sch 8 s 6 ins 2019 SL No. 128 s 4\n(sch.8-sec.6-ssec) 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— repairing or replacing damaged plant or equipment used in the entity’s primary production enterprise or relevant business; repairing or replacing buildings used for carrying on the entity’s primary production enterprise or relevant business; meeting requirements for carrying on the entity’s primary production enterprise or relevant business, including, for example— buying goods necessary to carry on the activities of the enterprise or relevant business; and paying rates, rent or wages; and paying creditors; for a primary production enterprise—meeting requirements for carrying on the enterprise, including, for example— replanting, restoring or re-establishing areas affected by the eligible disaster; and buying livestock to replace livestock lost because of the eligible disaster; and; sustaining livestock: and carrying on essential property operations; 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.\n- (a) repairing or replacing damaged plant or equipment used in the entity’s primary production enterprise or relevant business;\n- (b) repairing or replacing buildings used for carrying on the entity’s primary production enterprise or relevant business;\n- (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;\n- (i) buying goods necessary to carry on the activities of the enterprise or relevant business; and\n- (ii) paying rates, rent or wages; and\n- (iii) paying creditors;\n- (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;\n- (i) replanting, restoring or re-establishing areas affected by the eligible disaster; and\n- (ii) buying livestock to replace livestock lost because of the eligible disaster; and;\n- (iii) sustaining livestock: and\n- (iv) carrying on essential property operations;\n- (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.\n- (i) buying goods necessary to carry on the activities of the enterprise or relevant business; and\n- (ii) paying rates, rent or wages; and\n- (iii) paying creditors;\n- (i) replanting, restoring or re-establishing areas affected by the eligible disaster; and\n- (ii) buying livestock to replace livestock lost because of the eligible disaster; and;\n- (iii) sustaining livestock: and\n- (iv) carrying on essential property operations;","sortOrder":157},{"sectionNumber":"sch.8-sec.7","sectionType":"section","heading":"Application may be made in 1 capacity only","content":"### sch.8-sec.7 Application may be made in 1 capacity only\n\nA person may apply for assistance under the scheme in only 1 of the following capacities—\na primary producer;\na business owner.\nsch 8 s 7 orig sch 8 s 7 om 2014 SL No. 51 s 6\nprev sch 8 s 7 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1\npres sch 8 s 7 ins 2019 SL No. 128 s 4\n- (a) a primary producer;\n- (b) a business owner.","sortOrder":158},{"sectionNumber":"sch.8-sec.8","sectionType":"section","heading":"Eligibility criteria","content":"### sch.8-sec.8 Eligibility criteria\n\nAn applicant is eligible for assistance under the scheme if the authority is satisfied—\nthe applicant is a primary producer or business owner; and\nimmediately before the eligible disaster, the applicant carried on a primary production enterprise or relevant business in the defined disaster area; and\nthe primary production enterprise or relevant business has sustained exceptional damage as a direct result of the eligible disaster; and\nthe applicant has used all the applicant’s liquid assets and normal credit sources up to normal credit limits; and\nthe applicant has not taken excessive risks in carrying on the primary production enterprise or relevant business; and\nThe authority is satisfied the applicant’s capital expenditure for the primary production enterprise or relevant business has not been excessive.\nthe applicant has taken reasonable precautions to avoid or minimise loss from the eligible disaster; and\nThe applicant has adequate insurance against loss or damage from the eligible disaster.\nwith 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\nfor an applicant who is a business owner of a relevant business—\nthe 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\nthe 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.\nsch 8 s 8 orig sch 8 s 8 om 2014 SL No. 51 s 6\nprev sch 8 s 8 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1\npres sch 8 s 8 ins 2019 SL No. 128 s 4\n- (a) the applicant is a primary producer or business owner; and\n- (b) immediately before the eligible disaster, the applicant carried on a primary production enterprise or relevant business in the defined disaster area; and\n- (c) the primary production enterprise or relevant business has sustained exceptional damage as a direct result of the eligible disaster; and\n- (d) the applicant has used all the applicant’s liquid assets and normal credit sources up to normal credit limits; and\n- (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.\n- (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.\n- (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\n- (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.\n- (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\n- (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.\n- (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\n- (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.","sortOrder":159},{"sectionNumber":"sch.8-sec.9","sectionType":"section","heading":"Maximum amount of assistance","content":"### sch.8-sec.9 Maximum amount of assistance\n\nThe maximum amount of a loan that may be given to an applicant under the scheme is $1,000,000.\nHowever, 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.\nIn this section—\nrelevant assistance means assistance, under the scheme set out in schedule 2 or 3 , in relation to the eligible disaster.\nsch 8 s 9 orig sch 8 s 9 om 2014 SL No. 51 s 6\nprev sch 8 s 9 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1\npres sch 8 s 9 ins 2019 SL No. 128 s 4\n(sch.8-sec.9-ssec.1) The maximum amount of a loan that may be given to an applicant under the scheme is $1,000,000.\n(sch.8-sec.9-ssec.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.\n(sch.8-sec.9-ssec.3) In this section— relevant assistance means assistance, under the scheme set out in schedule 2 or 3 , in relation to the eligible disaster.","sortOrder":160},{"sectionNumber":"sch.8-sec.10","sectionType":"section","heading":"Interest rates","content":"### sch.8-sec.10 Interest rates\n\nThe interest charged on a loan given under the scheme must be calculated at a concessional interest rate decided by the authority.\nHowever, the authority may—\nreview an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and\nif 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.\nsch 8 s 10 orig sch 8 s 10 om 2014 SL No. 51 s 6\nprev sch 8 s 10 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1\npres sch 8 s 10 ins 2019 SL No. 128 s 4\n(sch.8-sec.10-ssec.1) The interest charged on a loan given under the scheme must be calculated at a concessional interest rate decided by the authority.\n(sch.8-sec.10-ssec.2) However, the authority may— review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and 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.\n- (a) review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and\n- (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.","sortOrder":161},{"sectionNumber":"sch.8-sec.11","sectionType":"section","heading":"Security","content":"### sch.8-sec.11 Security\n\nIf an applicant is given a loan under the scheme, the applicant must give security for the loan.\nThe security required is—\na mortgage of land or other assets commensurate with the amount of the loan; and\nany other security the authority considers necessary, including, for example, a crop lien or stock mortgage.\nsch 8 s 11 orig sch 8 s 11 om 2014 SL No. 51 s 6\nprev sch 8 s 11 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1\npres sch 8 s 11 ins 2019 SL No. 128 s 4\n(sch.8-sec.11-ssec.1) If an applicant is given a loan under the scheme, the applicant must give security for the loan.\n(sch.8-sec.11-ssec.2) The security required is— a mortgage of land or other assets commensurate with the amount of the loan; and any other security the authority considers necessary, including, for example, a crop lien or stock mortgage.\n- (a) a mortgage of land or other assets commensurate with the amount of the loan; and\n- (b) any other security the authority considers necessary, including, for example, a crop lien or stock mortgage.","sortOrder":162},{"sectionNumber":"sch.8-sec.12","sectionType":"section","heading":"Terms of repayment","content":"### sch.8-sec.12 Terms of repayment\n\nThe term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\nDuring the first 2 years of the loan, the authority must defer repayments of principal and interest under the loan.\nFrom 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.\nDespite subsection (3) , the authority may grant the applicant an interest-only period for the loan of not more than 2 years.\nsch 8 s 12 orig sch 8 s 12 om 2014 SL No. 51 s 6\nprev sch 8 s 12 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1\npres sch 8 s 12 ins 2019 SL No. 128 s 4\n(sch.8-sec.12-ssec.1) The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\n(sch.8-sec.12-ssec.2) During the first 2 years of the loan, the authority must defer repayments of principal and interest under the loan.\n(sch.8-sec.12-ssec.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.\n(sch.8-sec.12-ssec.4) Despite subsection (3) , the authority may grant the applicant an interest-only period for the loan of not more than 2 years.","sortOrder":163},{"sectionNumber":"sch.8-sec.13","sectionType":"section","heading":"Requirements for applications","content":"### sch.8-sec.13 Requirements for applications\n\nAn application for assistance under the scheme must—\nbe made to the authority on the application form approved by the authority; and\nbe accompanied by the documents mentioned in the application form; and\nbe received by the authority no later than 30 June 2021.\nThe authority may ask an applicant to give further relevant information required to decide the application.\nsch 8 s 13 prev sch 8 s 13 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1\npres sch 8 s 13 ins 2019 SL No. 128 s 4\n(sch.8-sec.13-ssec.1) An application for assistance under the scheme must— be made to the authority on the application form approved by the authority; and be accompanied by the documents mentioned in the application form; and be received by the authority no later than 30 June 2021.\n(sch.8-sec.13-ssec.2) The authority may ask an applicant to give further relevant information required to decide the application.\n- (a) be made to the authority on the application form approved by the authority; and\n- (b) be accompanied by the documents mentioned in the application form; and\n- (c) be received by the authority no later than 30 June 2021.","sortOrder":164},{"sectionNumber":"sch.8-sec.14","sectionType":"section","heading":"Deciding applications","content":"### sch.8-sec.14 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\nsch 8 s 14 prev sch 8 s 14 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1\npres sch 8 s 14 ins 2019 SL No. 128 s 4","sortOrder":165},{"sectionNumber":"sch.8-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":166},{"sectionNumber":"sch.8-pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":167},{"sectionNumber":"sch.8-pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":168},{"sectionNumber":"sch.8-sec.15","sectionType":"section","heading":null,"content":"### Section sch.8-sec.15\n\nsch 8 s 15 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1","sortOrder":169},{"sectionNumber":"sch.8-sec.16","sectionType":"section","heading":null,"content":"### Section sch.8-sec.16\n\nsch 8 s 16 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1","sortOrder":170},{"sectionNumber":"sch.8-sec.17","sectionType":"section","heading":null,"content":"### Section sch.8-sec.17\n\nsch 8 s 17 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1","sortOrder":171},{"sectionNumber":"sch.8-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":172},{"sectionNumber":"sch.8-sec.18","sectionType":"section","heading":null,"content":"### Section sch.8-sec.18\n\nsch 8 s 18 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1","sortOrder":173},{"sectionNumber":"sch.8-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":174},{"sectionNumber":"sch.8-sec.19","sectionType":"section","heading":null,"content":"### Section sch.8-sec.19\n\nsch 8 s 19 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1","sortOrder":175},{"sectionNumber":"sch.8-sec.20","sectionType":"section","heading":null,"content":"### Section sch.8-sec.20\n\nsch 8 s 20 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1","sortOrder":176},{"sectionNumber":"sch.8-sec.21","sectionType":"section","heading":null,"content":"### Section sch.8-sec.21\n\nsch 8 s 21 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1","sortOrder":177},{"sectionNumber":"sch.8-sec.22","sectionType":"section","heading":null,"content":"### Section sch.8-sec.22\n\nsch 8 s 22 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1","sortOrder":178},{"sectionNumber":"sch.8-sec.23","sectionType":"section","heading":null,"content":"### Section sch.8-sec.23\n\nsch 8 s 23 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1","sortOrder":179},{"sectionNumber":"sch.8-pt.3-div.5","sectionType":"division","heading":null,"content":"","sortOrder":180},{"sectionNumber":"sch.8-sec.24","sectionType":"section","heading":null,"content":"### Section sch.8-sec.24\n\nsch 8 s 24 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1","sortOrder":181},{"sectionNumber":"sch.8-sec.25","sectionType":"section","heading":null,"content":"### Section sch.8-sec.25\n\nsch 8 s 25 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1","sortOrder":182},{"sectionNumber":"sch.8-sec.26","sectionType":"section","heading":null,"content":"### Section sch.8-sec.26\n\nsch 8 s 26 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1","sortOrder":183},{"sectionNumber":"sch.8-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":184},{"sectionNumber":"sch.8-sec.27","sectionType":"section","heading":null,"content":"### Section sch.8-sec.27\n\nsch 8 s 27 ins 2014 SL No. 180 s 4\nom 2019 SL No. 71 s 59 sch 1","sortOrder":185},{"sectionNumber":"sch.11-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":186},{"sectionNumber":"sch.11-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.11-sec.1 Objective of scheme\n\nThe 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.\nsch 11 s 1 prev sch 11 s 1 om 2014 SL No. 51 s 6\npres sch 11 s 1 ins 2019 SL No. 2 s 4","sortOrder":187},{"sectionNumber":"sch.11-sec.2","sectionType":"section","heading":"Definitions","content":"### sch.11-sec.2 Definitions\n\nIn this schedule—\napplicant means a person applying for assistance under the scheme.\napproved form means a form approved by the authority.\napproved residential tenancy agreement see section 5 .\nBuilding Code of Australia see the Building Act 1975 , section 12 .\ncost , of installing an eligible solar PV system, includes the cost of supplying the eligible solar PV system for installation.\nelectricity chief executive means the chief executive of the electricity department.\nelectricity department means the department in which the Electricity Act 1994 is administered.\neligible premises see section 3 .\neligible solar PV system see section 4 .\nscheme means the scheme set out in this schedule.\nsolar PV system means a solar photovoltaic system.\nsystem capacity , of an eligible solar PV system, means the lower of—\nthe capacity of the system’s inverter; and\nthe total capacity of the system’s panels.\ntenant 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.\nsch 11 s 2 prev sch 11 s 2 om 2014 SL No. 51 s 6\npres sch 11 s 2 ins 2019 SL No. 2 s 4\n- (a) the capacity of the system’s inverter; and\n- (b) the total capacity of the system’s panels.","sortOrder":188},{"sectionNumber":"sch.11-sec.3","sectionType":"section","heading":"Meaning of eligible premises","content":"### sch.11-sec.3 Meaning of eligible premises\n\nResidential premises are eligible premises if—\nthe premises are located in an eligible area; and\nthe premises are individually metered for the supply of electricity; and\nelectricity is not purchased for the premises from an exempt seller; and\nthe premises are the subject of an approved residential tenancy agreement.\nIn this section—\neligible area means any of the following local government areas—\nBundaberg;\nGladstone;\nTownsville;\nif an eligible area notice is prepared—another local government area stated in the notice.\neligible area notice means a written notice—\nprepared by the electricity chief executive; and\nstating a local government area as an eligible area for the scheme; and\npublished on the electricity department’s website.\nexempt seller see the National Energy Retail Law (Queensland) , section 2 (1) .\nindividually metered see the Residential Tenancies and Rooming Accommodation Act 2008 , schedule 2 .\nresidential premises means a class 1a building under the Building Code of Australia.\nsch 11 s 3 prev sch 11 s 3 om 2014 SL No. 51 s 6\npres sch 11 s 3 ins 2019 SL No. 2 s 4\n(sch.11-sec.3-ssec.1) Residential premises are eligible premises if— the premises are located in an eligible area; and the premises are individually metered for the supply of electricity; and electricity is not purchased for the premises from an exempt seller; and the premises are the subject of an approved residential tenancy agreement.\n(sch.11-sec.3-ssec.2) In this section— eligible area means any of the following local government areas— Bundaberg; Gladstone; Townsville; if an eligible area notice is prepared—another local government area stated in the notice. eligible area notice means a written notice— prepared by the electricity chief executive; and stating a local government area as an eligible area for the scheme; and 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.\n- (a) the premises are located in an eligible area; and\n- (b) the premises are individually metered for the supply of electricity; and\n- (c) electricity is not purchased for the premises from an exempt seller; and\n- (d) the premises are the subject of an approved residential tenancy agreement.\n- (a) Bundaberg;\n- (b) Gladstone;\n- (c) Townsville;\n- (d) if an eligible area notice is prepared—another local government area stated in the notice.\n- (a) prepared by the electricity chief executive; and\n- (b) stating a local government area as an eligible area for the scheme; and\n- (c) published on the electricity department’s website.","sortOrder":189},{"sectionNumber":"sch.11-sec.4","sectionType":"section","heading":"Meaning of eligible solar PV system","content":"### sch.11-sec.4 Meaning of eligible solar PV system\n\nAn eligible solar PV system is a solar PV system installed at premises that—\nhas a system capacity of 3kW or more; and\nincludes, or is installed with, solar monitoring technology for the system.\nIn this section—\nsolar monitoring technology means hardware and software that can be used to monitor the operation of the system by—\ncapturing data about—\nthe amount of electricity the system produces; and\nthe amount of the electricity produced that is used at the premises; and\nthe amount of the electricity produced that is supplied to a supply network; and\nthe potential impact the system has on the cost of electricity for the premises; and\nallowing the data to be accessed electronically from outside the premises.\nsupply network see the Electricity Act 1994 , section 8 .\nsch 11 s 4 prev sch 11 s 4 om 2014 SL No. 51 s 6\npres sch 11 s 4 ins 2019 SL No. 2 s 4\n(sch.11-sec.4-ssec.1) An eligible solar PV system is a solar PV system installed at premises that— has a system capacity of 3kW or more; and includes, or is installed with, solar monitoring technology for the system.\n(sch.11-sec.4-ssec.2) In this section— solar monitoring technology means hardware and software that can be used to monitor the operation of the system by— capturing data about— the amount of electricity the system produces; and the amount of the electricity produced that is used at the premises; and the amount of the electricity produced that is supplied to a supply network; and the potential impact the system has on the cost of electricity for the premises; and allowing the data to be accessed electronically from outside the premises. supply network see the Electricity Act 1994 , section 8 .\n- (a) has a system capacity of 3kW or more; and\n- (b) includes, or is installed with, solar monitoring technology for the system.\n- (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\n- (i) the amount of electricity the system produces; and\n- (ii) the amount of the electricity produced that is used at the premises; and\n- (iii) the amount of the electricity produced that is supplied to a supply network; and\n- (iv) the potential impact the system has on the cost of electricity for the premises; and\n- (b) allowing the data to be accessed electronically from outside the premises.\n- (i) the amount of electricity the system produces; and\n- (ii) the amount of the electricity produced that is used at the premises; and\n- (iii) the amount of the electricity produced that is supplied to a supply network; and\n- (iv) the potential impact the system has on the cost of electricity for the premises; and","sortOrder":190},{"sectionNumber":"sch.11-sec.5","sectionType":"section","heading":"Meaning of approved residential tenancy agreement","content":"### sch.11-sec.5 Meaning of approved residential tenancy agreement\n\nAn approved residential tenancy agreement is a written residential tenancy agreement providing for—\na residential tenancy for premises for a fixed term of at least 1 year; and\nrent of no more than an amount equivalent to—\n$350 per week; or\nif an eligible rent-cap notice is prepared—a higher amount per week stated in the notice; and\nan increase in the rent to take effect if, after the agreement is entered into, an eligible solar PV system is installed at the premises.\nIn this section—\neligible rent-cap notice means a written notice—\nprepared by the electricity chief executive; and\nstating the highest amount of rent payable for an approved residential tenancy agreement; and\npublished on the electricity department’s website.\nrent see the Residential Tenancies and Rooming Accommodation Act 2008 , schedule 2 .\nresidential tenancy agreement see the Residential Tenancies and Rooming Accommodation Act 2008 , section 12 .\nsch 11 s 5 prev sch 11 s 5 om 2014 SL No. 51 s 6\npres sch 11 s 5 ins 2019 SL No. 2 s 4\n(sch.11-sec.5-ssec.1) An approved residential tenancy agreement is a written residential tenancy agreement providing for— a residential tenancy for premises for a fixed term of at least 1 year; and rent of no more than an amount equivalent to— $350 per week; or if an eligible rent-cap notice is prepared—a higher amount per week stated in the notice; and 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.\n(sch.11-sec.5-ssec.2) In this section— eligible rent-cap notice means a written notice— prepared by the electricity chief executive; and stating the highest amount of rent payable for an approved residential tenancy agreement; and 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 .\n- (a) a residential tenancy for premises for a fixed term of at least 1 year; and\n- (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\n- (i) $350 per week; or\n- (ii) if an eligible rent-cap notice is prepared—a higher amount per week stated in the notice; and\n- (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.\n- (i) $350 per week; or\n- (ii) if an eligible rent-cap notice is prepared—a higher amount per week stated in the notice; and\n- (a) prepared by the electricity chief executive; and\n- (b) stating the highest amount of rent payable for an approved residential tenancy agreement; and\n- (c) published on the electricity department’s website.","sortOrder":191},{"sectionNumber":"sch.11-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":192},{"sectionNumber":"sch.11-sec.6","sectionType":"section","heading":"Nature of assistance","content":"### sch.11-sec.6 Nature of assistance\n\nThe 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.\nsch 11 s 6 prev sch 11 s 6 om 2014 SL No. 51 s 6\npres sch 11 s 6 ins 2019 SL No. 2 s 4","sortOrder":193},{"sectionNumber":"sch.11-sec.7","sectionType":"section","heading":"Eligibility criteria","content":"### sch.11-sec.7 Eligibility criteria\n\nAn applicant is eligible for assistance under the scheme for installing an eligible solar PV system for premises if—\nthe applicant is the owner of the premises; and\nthe premises are eligible premises; and\nthe applicant has entered into an approved residential tenancy agreement with the tenant for the premises; and\nthere is no solar PV system installed at the premises before the approved residential tenancy agreement is entered into; and\nthe tenant has entered into an agreement, in the approved form, about the installation of the eligible solar PV system; and\nbefore applying for the assistance, the applicant ensures that an eligible supplier has supplied and installed the eligible solar PV system at the premises; and\nassistance has not previously been provided for the premises under—\nthis scheme; or\nthe scheme set out in schedule 9 .\nIn this section—\neligible 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.\nrelevant 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) .\nsch 11 s 7 prev sch 11 s 7 om 2014 SL No. 51 s 6\npres sch 11 s 7 ins 2019 SL No. 2 s 4\n(sch.11-sec.7-ssec.1) An applicant is eligible for assistance under the scheme for installing an eligible solar PV system for premises if— the applicant is the owner of the premises; and the premises are eligible premises; and the applicant has entered into an approved residential tenancy agreement with the tenant for the premises; and there is no solar PV system installed at the premises before the approved residential tenancy agreement is entered into; and the tenant has entered into an agreement, in the approved form, about the installation of the eligible solar PV system; and 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 assistance has not previously been provided for the premises under— this scheme; or the scheme set out in schedule 9 .\n(sch.11-sec.7-ssec.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) .\n- (a) the applicant is the owner of the premises; and\n- (b) the premises are eligible premises; and\n- (c) the applicant has entered into an approved residential tenancy agreement with the tenant for the premises; and\n- (d) there is no solar PV system installed at the premises before the approved residential tenancy agreement is entered into; and\n- (e) the tenant has entered into an agreement, in the approved form, about the installation of the eligible solar PV system; and\n- (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\n- (g) assistance has not previously been provided for the premises under— (i) this scheme; or (ii) the scheme set out in schedule 9 .\n- (i) this scheme; or\n- (ii) the scheme set out in schedule 9 .\n- (i) this scheme; or\n- (ii) the scheme set out in schedule 9 .","sortOrder":194},{"sectionNumber":"sch.11-sec.8","sectionType":"section","heading":"Amount of assistance","content":"### sch.11-sec.8 Amount of assistance\n\nThe amount of a rebate under the scheme to offset the cost of installing an eligible solar PV system is the lesser of—\nthe eligible solar PV system; and\nthe following amount—\nfor installing an eligible solar PV system that has a system capacity of at least 3kW but less than 4kW—$2,500;\nfor installing an eligible solar PV system that has a system capacity of at least 4kW but less than 5kW—$3,000;\nfor installing an eligible solar PV system that has a system capacity of 5kW or more—$3,500.\nsch 11 s 8 prev sch 11 s 8 om 2014 SL No. 51 s 6\npres sch 11 s 8 ins 2019 SL No. 2 s 4\n- (a) the eligible solar PV system; and\n- (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.\n- (i) for installing an eligible solar PV system that has a system capacity of at least 3kW but less than 4kW—$2,500;\n- (ii) for installing an eligible solar PV system that has a system capacity of at least 4kW but less than 5kW—$3,000;\n- (iii) for installing an eligible solar PV system that has a system capacity of 5kW or more—$3,500.\n- (i) for installing an eligible solar PV system that has a system capacity of at least 3kW but less than 4kW—$2,500;\n- (ii) for installing an eligible solar PV system that has a system capacity of at least 4kW but less than 5kW—$3,000;\n- (iii) for installing an eligible solar PV system that has a system capacity of 5kW or more—$3,500.","sortOrder":195},{"sectionNumber":"sch.11-sec.9","sectionType":"section","heading":"Applications","content":"### sch.11-sec.9 Applications\n\nBefore applying for assistance under the scheme, a person must give the authority a declaration of understanding.\nAn application for assistance under the scheme must—\nbe 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\nbe made to the authority by accessing the relevant website or in the approved form; and\nbe made on or after the day stated on the relevant website; and\nbe accompanied by any other documents stated on the relevant website or in the approved form; and\nbe received by the authority by 30 June 2020.\nThe authority may ask an applicant for further relevant information required to decide the application.\nIn this section—\ndeclaration 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.\nrelevant website means the electricity department’s website.\nsch 11 s 9 prev sch 11 s 9 om 2014 SL No. 51 s 6\npres sch 11 s 9 ins 2019 SL No. 2 s 4\n(sch.11-sec.9-ssec.1) Before applying for assistance under the scheme, a person must give the authority a declaration of understanding.\n(sch.11-sec.9-ssec.2) An application for assistance under the scheme must— 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 be made to the authority by accessing the relevant website or in the approved form; and be made on or after the day stated on the relevant website; and be accompanied by any other documents stated on the relevant website or in the approved form; and be received by the authority by 30 June 2020.\n(sch.11-sec.9-ssec.3) The authority may ask an applicant for further relevant information required to decide the application.\n(sch.11-sec.9-ssec.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.\n- (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\n- (b) be made to the authority by accessing the relevant website or in the approved form; and\n- (c) be made on or after the day stated on the relevant website; and\n- (d) be accompanied by any other documents stated on the relevant website or in the approved form; and\n- (e) be received by the authority by 30 June 2020.","sortOrder":196},{"sectionNumber":"sch.11-sec.10","sectionType":"section","heading":"Accepting late applications","content":"### sch.11-sec.10 Accepting late applications\n\nDespite 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.\nsch 11 s 10 prev sch 11 s 10 amd 2012 SL No. 11 s 5\nom 2014 SL No. 51 s 6\npres sch 11 s 10 ins 2019 SL No. 2 s 4","sortOrder":197},{"sectionNumber":"sch.11-sec.11","sectionType":"section","heading":"Deciding applications","content":"### sch.11-sec.11 Deciding applications\n\nSubject to subsections (2) and (3) , the authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\nThe authority must consider applications in the order they are received.\nThe 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.\nsch 11 s 11 prev sch 11 s 11 om 2014 SL No. 51 s 6\npres sch 11 s 11 ins 2019 SL No. 2 s 4\n(sch.11-sec.11-ssec.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.\n(sch.11-sec.11-ssec.2) The authority must consider applications in the order they are received.\n(sch.11-sec.11-ssec.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.","sortOrder":198},{"sectionNumber":"sch.12-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":199},{"sectionNumber":"sch.12-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.12-sec.1 Objective of scheme\n\nThe 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.\nsch 12 s 1 prev sch 12 s 1 om 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 12 s 1 ins 2019 SL No. 157 s 4","sortOrder":200},{"sectionNumber":"sch.12-sec.2","sectionType":"section","heading":"Definitions","content":"### sch.12-sec.2 Definitions\n\nIn this schedule—\napplicant means a person applying for assistance under the scheme.\napplicant group see section 12 (1) (b) .\nbooked hire service see the Transport Operations (Passenger Transport) Act 1994 , schedule 3 .\nbusiness improvement service , in relation to a taxi service or booked hire service, see section 4 .\nconditional approval , for assistance, means conditional approval given under section 7 .\neligible holder , of an eligible licence, see section 3 (1) or (2) .\neligible licence means a taxi service licence, or a limousine licence other than a special purpose limousine licence, that—\nis in force and is not suspended under the Transport Operations (Passenger Transport) Act 1994 ; and\nwas in force immediately before 11 August 2016.\neligible service means a business improvement service or financial advocacy service in relation to a taxi service or booked hire service.\nfinal approval , for assistance, means final approval given under section 8 .\nfinancial advocacy service , in relation to a taxi service or booked hire service—\nmeans 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\nnegotiating with creditors\ngiving advice about recovering debts\ndoes not include a legal service.\nlegal service means a legal service under the Legal Profession Act 2007 .\nlimousine licence see the Transport Operations (Passenger Transport) Act 1994 , schedule 3 .\nnotice means written notice.\nscheme means the scheme set out in this schedule.\nspecial purpose limousine licence see the Transport Operations (Passenger Transport) Act 1994 , section 91I (5) .\ntaxi service see the Transport Operations (Passenger Transport) Act 1994 , schedule 3 .\ntaxi service licence see the Transport Operations (Passenger Transport) Act 1994 , schedule 3 .\nsch 12 s 2 prev sch 12 s 2 om 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 12 s 2 ins 2019 SL No. 157 s 4\n- (a) is in force and is not suspended under the Transport Operations (Passenger Transport) Act 1994 ; and\n- (b) was in force immediately before 11 August 2016.\n- (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\n- • negotiating with creditors\n- • giving advice about recovering debts\n- (b) does not include a legal service.\n- • negotiating with creditors\n- • giving advice about recovering debts","sortOrder":201},{"sectionNumber":"sch.12-sec.3","sectionType":"section","heading":"Who is the eligible holder of an eligible licence","content":"### sch.12-sec.3 Who is the eligible holder of an eligible licence\n\nA person is the eligible holder of an eligible licence for the scheme if the person—\nis registered in the licence register as the holder of the licence; and\nwas the holder of the licence immediately before 11 August 2016.\nA person is also the eligible holder of an eligible licence for the scheme if—\nthe licence was a relevant licence under the expired Taxi and Limousine Industry Assistance Scheme Regulation 2016 , section 5 ; and\neither—\nthe person was declared to be the relevant holder of the licence under section 7A of that regulation; or\nthe 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.\nIn this section—\nlicence register means the register of licences mentioned in the Transport Operations (Passenger Transport) Act 1994 , section 91U .\ntransport chief executive means the chief executive of the department in which the Transport Operations (Passenger Transport) Act 1994 is administered.\nsch 12 s 3 prev sch 12 s 3 om 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 12 s 3 ins 2019 SL No. 157 s 4\n(sch.12-sec.3-ssec.1) A person is the eligible holder of an eligible licence for the scheme if the person— is registered in the licence register as the holder of the licence; and was the holder of the licence immediately before 11 August 2016.\n(sch.12-sec.3-ssec.2) A person is also the eligible holder of an eligible licence for the scheme if— the licence was a relevant licence under the expired Taxi and Limousine Industry Assistance Scheme Regulation 2016 , section 5 ; and either— the person was declared to be the relevant holder of the licence under section 7A of that regulation; or 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.\n(sch.12-sec.3-ssec.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.\n- (a) is registered in the licence register as the holder of the licence; and\n- (b) was the holder of the licence immediately before 11 August 2016.\n- (a) the licence was a relevant licence under the expired Taxi and Limousine Industry Assistance Scheme Regulation 2016 , section 5 ; and\n- (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.\n- (i) the person was declared to be the relevant holder of the licence under section 7A of that regulation; or\n- (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.\n- (i) the person was declared to be the relevant holder of the licence under section 7A of that regulation; or\n- (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.","sortOrder":202},{"sectionNumber":"sch.12-sec.4","sectionType":"section","heading":"What is a business improvement service","content":"### sch.12-sec.4 What is a business improvement service\n\nA 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.\nA business improvement service may include any of the following—\nacquiring new equipment, including, for example, computer equipment;\nparticipating in training relevant to the taxi service industry or limousine service industry;\nobtaining advice relating to business, financial or strategic planning.\nHowever, a business improvement service does not include—\na financial advocacy service; or\na legal service; or\nacquiring equipment other than new equipment; or\na service relating to—\nfitting or maintaining a vehicle security camera system; or\notherwise altering a vehicle.\nIn this section—\nequipment does not include—\na vehicle; or\na vehicle security camera system; or\nanother part of a vehicle.\nnew equipment means equipment that has not previously been sold or used.\nvehicle security camera system see the Transport Operations (Passenger Transport) Regulation 2018 , schedule 9 .\nsch 12 s 4 prev sch 12 s 4 om 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 12 s 4 ins 2019 SL No. 157 s 4\n(sch.12-sec.4-ssec.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.\n(sch.12-sec.4-ssec.2) A business improvement service may include any of the following— acquiring new equipment, including, for example, computer equipment; participating in training relevant to the taxi service industry or limousine service industry; obtaining advice relating to business, financial or strategic planning.\n(sch.12-sec.4-ssec.3) However, a business improvement service does not include— a financial advocacy service; or a legal service; or acquiring equipment other than new equipment; or a service relating to— fitting or maintaining a vehicle security camera system; or otherwise altering a vehicle.\n(sch.12-sec.4-ssec.4) In this section— equipment does not include— a vehicle; or a vehicle security camera system; or 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 .\n- (a) acquiring new equipment, including, for example, computer equipment;\n- (b) participating in training relevant to the taxi service industry or limousine service industry;\n- (c) obtaining advice relating to business, financial or strategic planning.\n- (a) a financial advocacy service; or\n- (b) a legal service; or\n- (c) acquiring equipment other than new equipment; or\n- (d) a service relating to— (i) fitting or maintaining a vehicle security camera system; or (ii) otherwise altering a vehicle.\n- (i) fitting or maintaining a vehicle security camera system; or\n- (ii) otherwise altering a vehicle.\n- (i) fitting or maintaining a vehicle security camera system; or\n- (ii) otherwise altering a vehicle.\n- (a) a vehicle; or\n- (b) a vehicle security camera system; or\n- (c) another part of a vehicle.","sortOrder":203},{"sectionNumber":"sch.12-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":204},{"sectionNumber":"sch.12-sec.5","sectionType":"section","heading":"Nature of assistance","content":"### sch.12-sec.5 Nature of assistance\n\nThe nature of the assistance that may be given under the scheme is a rebate to offset—\nthe cost of using a business improvement service, to the maximum amount under section 9 or 10 (2) ; or\nthe cost of using a financial advocacy service, to the maximum amount under section 10 (3) .\nsch 12 s 5 prev sch 12 s 5 om 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 12 s 5 ins 2019 SL No. 157 s 4\n- (a) the cost of using a business improvement service, to the maximum amount under section 9 or 10 (2) ; or\n- (b) the cost of using a financial advocacy service, to the maximum amount under section 10 (3) .","sortOrder":205},{"sectionNumber":"sch.12-sec.6","sectionType":"section","heading":"Eligibility for conditional approval for assistance","content":"### sch.12-sec.6 Eligibility for conditional approval for assistance\n\nAn applicant is eligible for conditional approval for assistance under the scheme if the authority is satisfied—\nthe applicant is the eligible holder of an eligible licence for providing a taxi service or booked hire service; and\nthe applicant has applied for conditional approval for assistance to use an eligible service in relation to the taxi service or booked hire service; and\nthe 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\nthe 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\nother than to the extent the eligible service involves the applicant acquiring equipment, the person providing the service has—\nthe appropriate qualifications or experience to provide the service; or\nmembership of a professional body that entitles the person to provide the service; and\nthe applicant has not paid all or part of the cost of using the eligible service; and\nthe 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.\nFor subsection (1) (d) , a person is a related entity for an applicant if—\nthe person and the applicant are members of the same family; or\nthe person is employed by the applicant or an entity owned or partially owned by the applicant; or\nthe person and the applicant are related bodies corporate; or\nfor a person that is a corporation, the applicant or a member of the applicant’s family—\nis a majority shareholder, director or secretary of—\nthe corporation; or\na related body corporate of the corporation; or\nhas an interest of 50% or more in the corporation.\nIn this section—\nfamily , for a person, means—\nthe person’s spouse; or\na parent, child, sibling, grandparent, aunt, uncle, cousin, nephew, niece or grandchild of the person or the person’s spouse; or\nthe spouse of a person to whom paragraph (b) applies.\nrelated body corporate see the Corporations Act , section 50 .\nsch 12 s 6 prev sch 12 s 6 om 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 12 s 6 ins 2019 SL No. 157 s 4\n(sch.12-sec.6-ssec.1) An applicant is eligible for conditional approval for assistance under the scheme if the authority is satisfied— the applicant is the eligible holder of an eligible licence for providing a taxi service or booked hire service; and 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 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 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 other than to the extent the eligible service involves the applicant acquiring equipment, the person providing the service has— the appropriate qualifications or experience to provide the service; or membership of a professional body that entitles the person to provide the service; and the applicant has not paid all or part of the cost of using the eligible service; and 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.\n(sch.12-sec.6-ssec.2) For subsection (1) (d) , a person is a related entity for an applicant if— the person and the applicant are members of the same family; or the person is employed by the applicant or an entity owned or partially owned by the applicant; or the person and the applicant are related bodies corporate; or for a person that is a corporation, the applicant or a member of the applicant’s family— is a majority shareholder, director or secretary of— the corporation; or a related body corporate of the corporation; or has an interest of 50% or more in the corporation.\n(sch.12-sec.6-ssec.3) In this section— family , for a person, means— the person’s spouse; or a parent, child, sibling, grandparent, aunt, uncle, cousin, nephew, niece or grandchild of the person or the person’s spouse; or the spouse of a person to whom paragraph (b) applies. related body corporate see the Corporations Act , section 50 .\n- (a) the applicant is the eligible holder of an eligible licence for providing a taxi service or booked hire service; and\n- (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\n- (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\n- (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\n- (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\n- (i) the appropriate qualifications or experience to provide the service; or\n- (ii) membership of a professional body that entitles the person to provide the service; and\n- (f) the applicant has not paid all or part of the cost of using the eligible service; and\n- (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.\n- (i) the appropriate qualifications or experience to provide the service; or\n- (ii) membership of a professional body that entitles the person to provide the service; and\n- (a) the person and the applicant are members of the same family; or\n- (b) the person is employed by the applicant or an entity owned or partially owned by the applicant; or\n- (c) the person and the applicant are related bodies corporate; or\n- (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.\n- (i) is a majority shareholder, director or secretary of— (A) the corporation; or (B) a related body corporate of the corporation; or\n- (A) the corporation; or\n- (B) a related body corporate of the corporation; or\n- (ii) has an interest of 50% or more in the corporation.\n- (i) is a majority shareholder, director or secretary of— (A) the corporation; or (B) a related body corporate of the corporation; or\n- (A) the corporation; or\n- (B) a related body corporate of the corporation; or\n- (ii) has an interest of 50% or more in the corporation.\n- (A) the corporation; or\n- (B) a related body corporate of the corporation; or\n- (a) the person’s spouse; or\n- (b) a parent, child, sibling, grandparent, aunt, uncle, cousin, nephew, niece or grandchild of the person or the person’s spouse; or\n- (c) the spouse of a person to whom paragraph (b) applies.","sortOrder":206},{"sectionNumber":"sch.12-sec.7","sectionType":"section","heading":"Conditional approval for assistance","content":"### sch.12-sec.7 Conditional approval for assistance\n\nSubsection (2) applies if the authority is satisfied an applicant is eligible under section 6 for conditional approval for assistance to use an eligible service.\nThe authority may, by notice to the applicant, give conditional approval for the assistance only on the condition stated in subsection (3) .\nThe applicant must—\nuse the eligible service after being given the notice under subsection (2) ; and\napply for final approval for assistance for the use of the service no later than 31 July 2020.\nsch 12 s 7 prev sch 12 s 7 om 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 12 s 7 ins 2019 SL No. 157 s 4\n(sch.12-sec.7-ssec.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.\n(sch.12-sec.7-ssec.2) The authority may, by notice to the applicant, give conditional approval for the assistance only on the condition stated in subsection (3) .\n(sch.12-sec.7-ssec.3) The applicant must— use the eligible service after being given the notice under subsection (2) ; and apply for final approval for assistance for the use of the service no later than 31 July 2020.\n- (a) use the eligible service after being given the notice under subsection (2) ; and\n- (b) apply for final approval for assistance for the use of the service no later than 31 July 2020.","sortOrder":207},{"sectionNumber":"sch.12-sec.8","sectionType":"section","heading":"Final approval for assistance","content":"### sch.12-sec.8 Final approval for assistance\n\nThis section applies if—\nthe authority has given an applicant conditional approval for assistance to use an eligible service; and\nthe applicant has applied under section 7 (3) (b) for final approval for the assistance.\nThe authority must decide to—\napprove the application and give final approval for the assistance; or\nrefuse the application.\nThe authority may, by notice to the applicant, give final approval for assistance to use the eligible service if satisfied—\nthe applicant has used the service in compliance with section 7 (3) (a) ; and\nthe applicant is otherwise still eligible for conditional approval for the assistance under section 6 , other than section 6 (1) (f) .\nsch 12 s 8 prev sch 12 s 8 om 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 12 s 8 ins 2019 SL No. 157 s 4\n(sch.12-sec.8-ssec.1) This section applies if— the authority has given an applicant conditional approval for assistance to use an eligible service; and the applicant has applied under section 7 (3) (b) for final approval for the assistance.\n(sch.12-sec.8-ssec.2) The authority must decide to— approve the application and give final approval for the assistance; or refuse the application.\n(sch.12-sec.8-ssec.3) The authority may, by notice to the applicant, give final approval for assistance to use the eligible service if satisfied— the applicant has used the service in compliance with section 7 (3) (a) ; and the applicant is otherwise still eligible for conditional approval for the assistance under section 6 , other than section 6 (1) (f) .\n- (a) the authority has given an applicant conditional approval for assistance to use an eligible service; and\n- (b) the applicant has applied under section 7 (3) (b) for final approval for the assistance.\n- (a) approve the application and give final approval for the assistance; or\n- (b) refuse the application.\n- (a) the applicant has used the service in compliance with section 7 (3) (a) ; and\n- (b) the applicant is otherwise still eligible for conditional approval for the assistance under section 6 , other than section 6 (1) (f) .","sortOrder":208},{"sectionNumber":"sch.12-sec.9","sectionType":"section","heading":"Amount and payment of assistance—applicant groups","content":"### sch.12-sec.9 Amount and payment of assistance—applicant groups\n\nThis section applies if—\nthe members of an applicant group have applied for assistance under the scheme to use a business improvement service; and\nthe authority has given conditional approval for the assistance for all members of the group; and\nthe members of the group have applied for final approval for the assistance no later than 31 July 2020; and\nthe authority has given final approval for the assistance for all members of the group.\nThe authority must pay the least of the following amounts for the applicant group—\n50% of the cost of using the business improvement service;\n$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;\n$20,000.\nThe authority must pay the amount of assistance under subsection (2) for the applicant group in the way it considers appropriate.\npaying the amount of the assistance to members of the group who have been nominated by the other members of the group to receive payment\nsch 12 s 9 prev sch 12 s 9 amd 2012 SL No. 11 s 6 (1)\nom 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 12 s 9 ins 2019 SL No. 157 s 4\n(sch.12-sec.9-ssec.1) This section applies if— the members of an applicant group have applied for assistance under the scheme to use a business improvement service; and the authority has given conditional approval for the assistance for all members of the group; and the members of the group have applied for final approval for the assistance no later than 31 July 2020; and the authority has given final approval for the assistance for all members of the group.\n(sch.12-sec.9-ssec.2) The authority must pay the least of the following amounts for the applicant group— 50% of the cost of using the business improvement service; $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; $20,000.\n(sch.12-sec.9-ssec.3) The authority must pay the amount of assistance under subsection (2) for the applicant group in the way it considers 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\n- (a) the members of an applicant group have applied for assistance under the scheme to use a business improvement service; and\n- (b) the authority has given conditional approval for the assistance for all members of the group; and\n- (c) the members of the group have applied for final approval for the assistance no later than 31 July 2020; and\n- (d) the authority has given final approval for the assistance for all members of the group.\n- (a) 50% of the cost of using the business improvement service;\n- (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;\n- (c) $20,000.","sortOrder":209},{"sectionNumber":"sch.12-sec.10","sectionType":"section","heading":"Amount and payment of assistance—other applicants","content":"### sch.12-sec.10 Amount and payment of assistance—other applicants\n\nThis 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.\nFor assistance for using a business improvement service, the authority must pay the applicant the lesser of the following amounts—\n50% of the cost of using the business improvement service;\n$5,000.\nFor assistance for using a financial advocacy service, the authority must pay the applicant the lesser of the following amounts—\nthe cost of using the financial advocacy service;\n$5,000.\nsch 12 s 10 prev sch 12 s 10 om 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 12 s 10 ins 2019 SL No. 157 s 4\n(sch.12-sec.10-ssec.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.\n(sch.12-sec.10-ssec.2) For assistance for using a business improvement service, the authority must pay the applicant the lesser of the following amounts— 50% of the cost of using the business improvement service; $5,000.\n(sch.12-sec.10-ssec.3) For assistance for using a financial advocacy service, the authority must pay the applicant the lesser of the following amounts— the cost of using the financial advocacy service; $5,000.\n- (a) 50% of the cost of using the business improvement service;\n- (b) $5,000.\n- (a) the cost of using the financial advocacy service;\n- (b) $5,000.","sortOrder":210},{"sectionNumber":"sch.12-sec.11","sectionType":"section","heading":"Condition of assistance","content":"### sch.12-sec.11 Condition of assistance\n\nPayment of assistance under the scheme for the cost of using an eligible service is subject to the condition stated in subsection (2) .\nThe 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.\nIn this section—\nofficial receipt means a receipt for an amount paid by an applicant to an entity that includes—\nthe name and address of the entity that issued the receipt; and\nif the entity has an Australian Business Number—the Australian Business Number; and\na description of each item to which the receipt relates.\nsch 12 s 11 prev sch 12 s 11 om 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 12 s 11 ins 2019 SL No. 157 s 4\n(sch.12-sec.11-ssec.1) Payment of assistance under the scheme for the cost of using an eligible service is subject to the condition stated in subsection (2) .\n(sch.12-sec.11-ssec.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.\n(sch.12-sec.11-ssec.3) In this section— official receipt means a receipt for an amount paid by an applicant to an entity that includes— the name and address of the entity that issued the receipt; and if the entity has an Australian Business Number—the Australian Business Number; and a description of each item to which the receipt relates.\n- (a) the name and address of the entity that issued the receipt; and\n- (b) if the entity has an Australian Business Number—the Australian Business Number; and\n- (c) a description of each item to which the receipt relates.","sortOrder":211},{"sectionNumber":"sch.12-sec.12","sectionType":"section","heading":"Applications","content":"### sch.12-sec.12 Applications\n\nAn application for conditional approval for assistance may be made by—\na person as the eligible holder of a single eligible licence; or\nthe members of a group of persons (an applicant group ) as the eligible holders of different eligible licences.\nAn applicant mentioned in subsection (1) (a) may apply for assistance to use only 1 of the following—\na business improvement service;\na financial advocacy service.\nAn applicant mentioned in subsection (1) (b) may apply for assistance to use only a business improvement service.\nAn application for conditional or final approval for assistance must—\nbe in the form approved by the authority; and\nbe accompanied by any other documents stated in the approved form.\nAn application for final approval for assistance must be given to the authority no later than 31 July 2020.\nsch 12 s 12 prev sch 12 s 12 om 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 12 s 12 ins 2019 SL No. 157 s 4\n(sch.12-sec.12-ssec.1) An application for conditional approval for assistance may be made by— a person as the eligible holder of a single eligible licence; or the members of a group of persons (an applicant group ) as the eligible holders of different eligible licences.\n(sch.12-sec.12-ssec.2) An applicant mentioned in subsection (1) (a) may apply for assistance to use only 1 of the following— a business improvement service; a financial advocacy service.\n(sch.12-sec.12-ssec.3) An applicant mentioned in subsection (1) (b) may apply for assistance to use only a business improvement service.\n(sch.12-sec.12-ssec.4) An application for conditional or final approval for assistance must— be in the form approved by the authority; and be accompanied by any other documents stated in the approved form.\n(sch.12-sec.12-ssec.5) An application for final approval for assistance must be given to the authority no later than 31 July 2020.\n- (a) a person as the eligible holder of a single eligible licence; or\n- (b) the members of a group of persons (an applicant group ) as the eligible holders of different eligible licences.\n- (a) a business improvement service;\n- (b) a financial advocacy service.\n- (a) be in the form approved by the authority; and\n- (b) be accompanied by any other documents stated in the approved form.","sortOrder":212},{"sectionNumber":"sch.12-sec.13","sectionType":"section","heading":"Deciding applications","content":"### sch.12-sec.13 Deciding applications\n\nSubject to subsections (2) to (4) , the authority must consider, and decide to approve or refuse, each application for assistance under the scheme.\nThe authority must consider applications in the order they are received.\nThe authority may ask an applicant for further relevant information required to decide an application.\nThe 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.\nsch 12 s 13 prev sch 12 s 13 amd 2012 SL No. 11 s 6 (2)\nom 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 12 s 13 ins 2019 SL No. 157 s 4\n(sch.12-sec.13-ssec.1) Subject to subsections (2) to (4) , the authority must consider, and decide to approve or refuse, each application for assistance under the scheme.\n(sch.12-sec.13-ssec.2) The authority must consider applications in the order they are received.\n(sch.12-sec.13-ssec.3) The authority may ask an applicant for further relevant information required to decide an application.\n(sch.12-sec.13-ssec.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.","sortOrder":213},{"sectionNumber":"sch.12-sec.14","sectionType":"section","heading":null,"content":"### Section sch.12-sec.14\n\nsch 12 s 14 om 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)","sortOrder":214},{"sectionNumber":"sch.15-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":215},{"sectionNumber":"sch.15-sec.1","sectionType":"section","heading":"Objectives of scheme","content":"### sch.15-sec.1 Objectives of scheme\n\nThe objectives of the scheme are—\nto modernise, and reduce the average age of, the wheelchair accessible taxis being used to provide taxi services in Queensland; and\nto provide the opportunity to replace taxis that are not wheelchair accessible vehicles with new wheelchair accessible taxis.\nThe objectives of the scheme are to be achieved by helping the holders and lessees of particular taxi service licences to meet the cost of acquiring new wheelchair accessible taxis.\nsch 15 s 1 prev sch 15 s 1 om 2014 SL No. 51 s 6\npres sch 15 s 1 ins 2019 SL No. 262 s 4\namd 2024 SL No. 109 s 4\n(sch.15-sec.1-ssec.1) The objectives of the scheme are— to modernise, and reduce the average age of, the wheelchair accessible taxis being used to provide taxi services in Queensland; and to provide the opportunity to replace taxis that are not wheelchair accessible vehicles with new wheelchair accessible taxis.\n(sch.15-sec.1-ssec.2) The objectives of the scheme are to be achieved by helping the holders and lessees of particular taxi service licences to meet the cost of acquiring new wheelchair accessible taxis.\n- (a) to modernise, and reduce the average age of, the wheelchair accessible taxis being used to provide taxi services in Queensland; and\n- (b) to provide the opportunity to replace taxis that are not wheelchair accessible vehicles with new wheelchair accessible taxis.","sortOrder":216},{"sectionNumber":"sch.15-sec.2","sectionType":"section","heading":"Definitions","content":"### sch.15-sec.2 Definitions\n\nIn this schedule—\nacquires , a new wheelchair accessible taxi, see section 3 .\nage , of a motor vehicle, means the number of years that have passed from the vehicle’s date of compliance shown on the identification plate placed on the vehicle under the Motor Vehicle Standards Act 1989 (Cwlth) .\ncertificate of modification means—\na certificate of modification under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 ; or\na certificate given under a law of the Commonwealth or another State that provides for approving the modification of vehicles.\nsch 15 s 2 def certificate of modification amd 2021 SL No. 114 s 153 sch 5\nchief executive (transport) means the chief executive of the department in which the Transport Operations (Passenger Transport) Act 1994 is administered.\ncost , of acquiring a new wheelchair accessible taxi, see section 4 .\neligible modification , for a motor vehicle, means the installation of a wheelchair-accessibility device—\nfor the purpose of converting the vehicle into a wheelchair accessible vehicle; and\nfor which a certificate of modification has been given.\neligible replaceable taxi see section 5 .\nlicensee —\nin relation to an application for reimbursement assistance under the scheme—see section 8 (1) ; or\nin relation to an application for purchase assistance under the scheme—see section 9 (1) .\nnew , for a motor vehicle, means the vehicle, when it was purchased—\nhad not been registered in Australia or another country; or\nwas otherwise a new vehicle under the Motor Vehicle Standards Act 1989 (Cwlth) .\npurchase assistance see section 9 (2) .\nreimbursement assistance see section 8 (2) .\ntaxi see the Transport Operations (Passenger Transport) Act 1994 , schedule 3 .\ntaxi service see the Transport Operations (Passenger Transport) Act 1994 , section 70 .\ntaxi service licence see the Transport Operations (Passenger Transport) Act 1994 , schedule 3 .\nwheelchair-accessibility device , for a motor vehicle, means a device designed to—\nload a wheelchair into the vehicle; or\nsecure a wheelchair in the vehicle; or\nsafely restrain an occupant of a wheelchair while the wheelchair is in the vehicle.\nwheelchair accessible taxi condition , for a taxi service licence, means a condition of the licence that requires—\nthe motor vehicle stated in the licence to be a wheelchair accessible vehicle; and\na taxi service provided under the licence to be provided using a wheelchair accessible taxi.\nwheelchair accessible taxi means a wheelchair accessible vehicle that—\nis the motor vehicle stated in a taxi service licence; and\nhas been approved by the chief executive (transport) as a vehicle that may be used to provide a taxi service under the licence.\nwheelchair accessible vehicle means a motor vehicle that has the capacity to accommodate at least 1 wheelchair and the occupant of the wheelchair.\nwritten-off vehicle means a written-off vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 .\nsch 15 s 2 def written-off vehicle sub 2021 SL No. 113 s 272\nsch 15 s 2 prev sch 15 s 2 om 2014 SL No. 51 s 6\npres sch 15 s 2 ins 2019 SL No. 262 s 4\n- (a) a certificate of modification under the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021 ; or\n- (b) a certificate given under a law of the Commonwealth or another State that provides for approving the modification of vehicles.\n- (a) for the purpose of converting the vehicle into a wheelchair accessible vehicle; and\n- (b) for which a certificate of modification has been given.\n- (a) in relation to an application for reimbursement assistance under the scheme—see section 8 (1) ; or\n- (b) in relation to an application for purchase assistance under the scheme—see section 9 (1) .\n- (a) had not been registered in Australia or another country; or\n- (b) was otherwise a new vehicle under the Motor Vehicle Standards Act 1989 (Cwlth) .\n- (a) load a wheelchair into the vehicle; or\n- (b) secure a wheelchair in the vehicle; or\n- (c) safely restrain an occupant of a wheelchair while the wheelchair is in the vehicle.\n- (a) the motor vehicle stated in the licence to be a wheelchair accessible vehicle; and\n- (b) a taxi service provided under the licence to be provided using a wheelchair accessible taxi.\n- (a) is the motor vehicle stated in a taxi service licence; and\n- (b) has been approved by the chief executive (transport) as a vehicle that may be used to provide a taxi service under the licence.","sortOrder":217},{"sectionNumber":"sch.15-sec.3","sectionType":"section","heading":"When a person acquires a new wheelchair accessible taxi","content":"### sch.15-sec.3 When a person acquires a new wheelchair accessible taxi\n\nA person acquires a new wheelchair accessible taxi if the person—\nbuys a new motor vehicle from a licensed motor dealer; and\nhas the new motor vehicle converted into a wheelchair accessible vehicle by eligible modifications; and\nasks, or intends to ask, the chief executive (transport) to have the new motor vehicle, as converted, stated in a taxi service licence held by the person.\nIn this section—\nlicensed motor dealer means the holder of a motor dealer licence under the Motor Dealers and Chattel Auctioneers Act 2014 .\nsch 15 s 3 prev sch 15 s 3 def eligibility period ins 2012 SL No. 76 s 3 (1)\nprev sch 15 s 3 def final purchase day ins 2012 SL No. 76 s 3 (1)\nprev sch 15 s 3 om 2014 SL No. 51 s 6\npres sch 15 s 3 ins 2019 SL No. 262 s 4\n(sch.15-sec.3-ssec.1) A person acquires a new wheelchair accessible taxi if the person— buys a new motor vehicle from a licensed motor dealer; and has the new motor vehicle converted into a wheelchair accessible vehicle by eligible modifications; and asks, or intends to ask, the chief executive (transport) to have the new motor vehicle, as converted, stated in a taxi service licence held by the person.\n(sch.15-sec.3-ssec.2) In this section— licensed motor dealer means the holder of a motor dealer licence under the Motor Dealers and Chattel Auctioneers Act 2014 .\n- (a) buys a new motor vehicle from a licensed motor dealer; and\n- (b) has the new motor vehicle converted into a wheelchair accessible vehicle by eligible modifications; and\n- (c) asks, or intends to ask, the chief executive (transport) to have the new motor vehicle, as converted, stated in a taxi service licence held by the person.","sortOrder":218},{"sectionNumber":"sch.15-sec.4","sectionType":"section","heading":"What is the cost of acquiring a new wheelchair accessible taxi","content":"### sch.15-sec.4 What is the cost of acquiring a new wheelchair accessible taxi\n\nFor this schedule, the cost of acquiring a new wheelchair accessible taxi (a new taxi ) includes the cost of—\nbuying a new wheelchair-accessibility device; and\nchanging the seats, or the configuration of seats, in a new motor vehicle to the extent necessary to install a wheelchair- accessibility device in the vehicle.\nHowever, for this schedule, the cost of acquiring a new taxi does not include the cost of any of the following—\nremoving a wheelchair-accessibility device or other thing from an existing wheelchair accessible vehicle or installing the device or other thing in the new taxi;\nbuying and installing devices (other than wheelchair-accessibility devices), signs and other things in the new taxi, including, for example, a security camera, EFTPOS system, signage, a taxi meter and a dispatch system;\nthe cost of maintaining, repairing or replacing the new taxi;\nthe cost of applying to the chief executive (transport) to amend a taxi service licence to—\nstate the new taxi in the licence; or\nadd a wheelchair accessible taxi condition.\nsch 15 s 4 prev sch 15 s 4 amd 2012 SL No. 76 s 3 (2) – (3)\nom 2014 SL No. 51 s 6\npres sch 15 s 4 ins 2019 SL No. 262 s 4\n(sch.15-sec.4-ssec.1) For this schedule, the cost of acquiring a new wheelchair accessible taxi (a new taxi ) includes the cost of— buying a new wheelchair-accessibility device; and changing the seats, or the configuration of seats, in a new motor vehicle to the extent necessary to install a wheelchair- accessibility device in the vehicle.\n(sch.15-sec.4-ssec.2) However, for this schedule, the cost of acquiring a new taxi does not include the cost of any of the following— removing a wheelchair-accessibility device or other thing from an existing wheelchair accessible vehicle or installing the device or other thing in the new taxi; buying and installing devices (other than wheelchair-accessibility devices), signs and other things in the new taxi, including, for example, a security camera, EFTPOS system, signage, a taxi meter and a dispatch system; the cost of maintaining, repairing or replacing the new taxi; the cost of applying to the chief executive (transport) to amend a taxi service licence to— state the new taxi in the licence; or add a wheelchair accessible taxi condition.\n- (a) buying a new wheelchair-accessibility device; and\n- (b) changing the seats, or the configuration of seats, in a new motor vehicle to the extent necessary to install a wheelchair- accessibility device in the vehicle.\n- (a) removing a wheelchair-accessibility device or other thing from an existing wheelchair accessible vehicle or installing the device or other thing in the new taxi;\n- (b) buying and installing devices (other than wheelchair-accessibility devices), signs and other things in the new taxi, including, for example, a security camera, EFTPOS system, signage, a taxi meter and a dispatch system;\n- (c) the cost of maintaining, repairing or replacing the new taxi;\n- (d) the cost of applying to the chief executive (transport) to amend a taxi service licence to— (i) state the new taxi in the licence; or (ii) add a wheelchair accessible taxi condition.\n- (i) state the new taxi in the licence; or\n- (ii) add a wheelchair accessible taxi condition.\n- (i) state the new taxi in the licence; or\n- (ii) add a wheelchair accessible taxi condition.","sortOrder":219},{"sectionNumber":"sch.15-sec.4A","sectionType":"section","heading":null,"content":"### Section sch.15-sec.4A\n\nsch 15 s 4A ins 2012 SL No. 76 s 3 (4)\nom 2014 SL No. 51 s 6","sortOrder":220},{"sectionNumber":"sch.15-sec.5","sectionType":"section","heading":"Meaning of eligible replaceable taxi","content":"### sch.15-sec.5 Meaning of eligible replaceable taxi\n\nA wheelchair accessible taxi is an eligible replaceable taxi if—\nthe age of the taxi is at least 8 years; or\nall of the following apply to the taxi—\nthe age of the taxi is at least 6 years;\nthe taxi’s odometer shows the taxi has been driven at least 800,000km;\na qualified mechanic, panel beater or other relevant tradesperson has advised, in writing, that the taxi requires repairs that would cost an estimated $10,000 (excluding GST) or more; or\nthe taxi is a written-off vehicle.\nA conventional taxi is an eligible replaceable taxi if—\nthe taxi is the motor vehicle stated in a taxi service licence for an eligible taxi service area; and\nthe holder or lessee of the licence has asked, or intends to ask, the chief executive (transport) to—\nchange the vehicle stated in the licence to be a new wheelchair accessible taxi acquired by the holder or lessee; and\nadd a wheelchair accessible taxi condition for the licence.\nHowever, a wheelchair accessible taxi to which subsection (1) (a) or (b) applies is not an eligible replaceable taxi if assistance under the scheme has already been granted to replace the taxi.\nIn this section—\nconventional taxi means a taxi that is not a wheelchair accessible taxi.\neligible taxi service area means any of the following taxi service areas under the Transport Operations (Passenger Transport) Act 1994 —\nBrisbane;\nBundaberg;\nCairns;\nGold Coast;\nHervey Bay;\nIpswich;\nMackay;\nMaryborough;\nRedcliffe;\nRockhampton;\nSunshine Coast;\nToowoomba;\nTownsville Thuringowa.\nsch 15 s 5 prev sch 15 s 5 om 2014 SL No. 51 s 6\npres sch 15 s 5 ins 2019 SL No. 262 s 4\namd 2022 SL No. 175 s 5 ; 2024 SL No. 109 s 5\n(sch.15-sec.5-ssec.1) A wheelchair accessible taxi is an eligible replaceable taxi if— the age of the taxi is at least 8 years; or all of the following apply to the taxi— the age of the taxi is at least 6 years; the taxi’s odometer shows the taxi has been driven at least 800,000km; a qualified mechanic, panel beater or other relevant tradesperson has advised, in writing, that the taxi requires repairs that would cost an estimated $10,000 (excluding GST) or more; or the taxi is a written-off vehicle.\n(sch.15-sec.5-ssec.2) A conventional taxi is an eligible replaceable taxi if— the taxi is the motor vehicle stated in a taxi service licence for an eligible taxi service area; and the holder or lessee of the licence has asked, or intends to ask, the chief executive (transport) to— change the vehicle stated in the licence to be a new wheelchair accessible taxi acquired by the holder or lessee; and add a wheelchair accessible taxi condition for the licence.\n(sch.15-sec.5-ssec.3) However, a wheelchair accessible taxi to which subsection (1) (a) or (b) applies is not an eligible replaceable taxi if assistance under the scheme has already been granted to replace the taxi.\n(sch.15-sec.5-ssec.4) In this section— conventional taxi means a taxi that is not a wheelchair accessible taxi. eligible taxi service area means any of the following taxi service areas under the Transport Operations (Passenger Transport) Act 1994 — Brisbane; Bundaberg; Cairns; Gold Coast; Hervey Bay; Ipswich; Mackay; Maryborough; Redcliffe; Rockhampton; Sunshine Coast; Toowoomba; Townsville Thuringowa.\n- (a) the age of the taxi is at least 8 years; or\n- (b) all of the following apply to the taxi— (i) the age of the taxi is at least 6 years; (ii) the taxi’s odometer shows the taxi has been driven at least 800,000km; (iii) a qualified mechanic, panel beater or other relevant tradesperson has advised, in writing, that the taxi requires repairs that would cost an estimated $10,000 (excluding GST) or more; or\n- (i) the age of the taxi is at least 6 years;\n- (ii) the taxi’s odometer shows the taxi has been driven at least 800,000km;\n- (iii) a qualified mechanic, panel beater or other relevant tradesperson has advised, in writing, that the taxi requires repairs that would cost an estimated $10,000 (excluding GST) or more; or\n- (c) the taxi is a written-off vehicle.\n- (i) the age of the taxi is at least 6 years;\n- (ii) the taxi’s odometer shows the taxi has been driven at least 800,000km;\n- (iii) a qualified mechanic, panel beater or other relevant tradesperson has advised, in writing, that the taxi requires repairs that would cost an estimated $10,000 (excluding GST) or more; or\n- (a) the taxi is the motor vehicle stated in a taxi service licence for an eligible taxi service area; and\n- (b) the holder or lessee of the licence has asked, or intends to ask, the chief executive (transport) to— (i) change the vehicle stated in the licence to be a new wheelchair accessible taxi acquired by the holder or lessee; and (ii) add a wheelchair accessible taxi condition for the licence.\n- (i) change the vehicle stated in the licence to be a new wheelchair accessible taxi acquired by the holder or lessee; and\n- (ii) add a wheelchair accessible taxi condition for the licence.\n- (i) change the vehicle stated in the licence to be a new wheelchair accessible taxi acquired by the holder or lessee; and\n- (ii) add a wheelchair accessible taxi condition for the licence.\n- (a) Brisbane;\n- (b) Bundaberg;\n- (c) Cairns;\n- (d) Gold Coast;\n- (e) Hervey Bay;\n- (f) Ipswich;\n- (g) Mackay;\n- (h) Maryborough;\n- (i) Redcliffe;\n- (j) Rockhampton;\n- (k) Sunshine Coast;\n- (l) Toowoomba;\n- (m) Townsville Thuringowa.","sortOrder":221},{"sectionNumber":"sch.15-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":222},{"sectionNumber":"sch.15-sec.6","sectionType":"section","heading":"Nature of assistance","content":"### sch.15-sec.6 Nature of assistance\n\nThe nature of the assistance that may be given under the scheme is a grant to offset the cost of acquiring a new wheelchair accessible taxi.\nsch 15 s 6 prev sch 15 s 6 om 2014 SL No. 51 s 6\npres sch 15 s 6 ins 2019 SL No. 262 s 4","sortOrder":223},{"sectionNumber":"sch.15-sec.7","sectionType":"section","heading":null,"content":"### Section sch.15-sec.7\n\nsch 15 s 7 prev sch 15 s 7 om 2014 SL No. 51 s 6\npres sch 15 s 7 ins 2019 SL No. 262 s 4\namd 2022 SL No. 175 s 6\nom 2024 SL No. 109 s 6","sortOrder":224},{"sectionNumber":"sch.15-sec.8","sectionType":"section","heading":"Eligibility criteria—reimbursement for acquiring new wheelchair accessible taxi","content":"### sch.15-sec.8 Eligibility criteria—reimbursement for acquiring new wheelchair accessible taxi\n\nThis section applies to the holder or lessee of a taxi service licence (the licensee ) if the licensee has acquired a new wheelchair accessible taxi and paid for its acquisition in full.\nThe licensee is eligible for assistance ( reimbursement assistance ) under the scheme if the authority is satisfied—\nthe licensee is registered for GST; and\nthe new wheelchair accessible taxi is the motor vehicle stated in the taxi service licence; and\nimmediately before the new wheelchair accessible taxi was the motor vehicle stated in the taxi service licence, the vehicle stated in the licence was an eligible replaceable taxi; and\nthe licensee took reasonable steps to achieve value for money in acquiring the new wheelchair accessible taxi; and\nthe licensee did not use the new wheelchair accessible taxi to provide a taxi service under the taxi service licence before 1 July 2019.\nsch 15 s 8 prev sch 15 s 8 amd 2012 SL No. 76 s 3 (5)\nom 2014 SL No. 51 s 6\npres sch 15 s 8 ins 2019 SL No. 262 s 4\namd 2022 SL No. 175 ss 7, 14\n(sch.15-sec.8-ssec.1) This section applies to the holder or lessee of a taxi service licence (the licensee ) if the licensee has acquired a new wheelchair accessible taxi and paid for its acquisition in full.\n(sch.15-sec.8-ssec.2) The licensee is eligible for assistance ( reimbursement assistance ) under the scheme if the authority is satisfied— the licensee is registered for GST; and the new wheelchair accessible taxi is the motor vehicle stated in the taxi service licence; and immediately before the new wheelchair accessible taxi was the motor vehicle stated in the taxi service licence, the vehicle stated in the licence was an eligible replaceable taxi; and the licensee took reasonable steps to achieve value for money in acquiring the new wheelchair accessible taxi; and the licensee did not use the new wheelchair accessible taxi to provide a taxi service under the taxi service licence before 1 July 2019.\n- (a) the licensee is registered for GST; and\n- (b) the new wheelchair accessible taxi is the motor vehicle stated in the taxi service licence; and\n- (c) immediately before the new wheelchair accessible taxi was the motor vehicle stated in the taxi service licence, the vehicle stated in the licence was an eligible replaceable taxi; and\n- (d) the licensee took reasonable steps to achieve value for money in acquiring the new wheelchair accessible taxi; and\n- (e) the licensee did not use the new wheelchair accessible taxi to provide a taxi service under the taxi service licence before 1 July 2019.","sortOrder":225},{"sectionNumber":"sch.15-sec.9","sectionType":"section","heading":"Eligibility criteria—assistance to acquire new wheelchair accessible taxi","content":"### sch.15-sec.9 Eligibility criteria—assistance to acquire new wheelchair accessible taxi\n\nThis section applies to the holder or lessee of a taxi service licence (also the licensee ) if the licensee intends to acquire a new wheelchair accessible taxi.\nThe licensee is eligible for assistance ( purchase assistance ) under the scheme if the authority is satisfied—\nthe licensee is registered for GST; and\nthe motor vehicle stated in the taxi service licence is an eligible replaceable taxi; and\nthe licensee intends to apply to the chief executive (transport) to change the motor vehicle stated in the taxi service licence to the new wheelchair accessible taxi acquired by the licensee; and\nthe licensee is able to pay at least 50% of the cost of acquiring a new wheelchair accessible taxi.\nsch 15 s 9 prev sch 15 s 9 om 2014 SL No. 51 s 6\npres sch 15 s 9 ins 2019 SL No. 262 s 4\namd 2022 SL No. 175 ss 8, 15; 2024 SL No. 109 s 7\n(sch.15-sec.9-ssec.1) This section applies to the holder or lessee of a taxi service licence (also the licensee ) if the licensee intends to acquire a new wheelchair accessible taxi.\n(sch.15-sec.9-ssec.2) The licensee is eligible for assistance ( purchase assistance ) under the scheme if the authority is satisfied— the licensee is registered for GST; and the motor vehicle stated in the taxi service licence is an eligible replaceable taxi; and the licensee intends to apply to the chief executive (transport) to change the motor vehicle stated in the taxi service licence to the new wheelchair accessible taxi acquired by the licensee; and the licensee is able to pay at least 50% of the cost of acquiring a new wheelchair accessible taxi.\n- (a) the licensee is registered for GST; and\n- (b) the motor vehicle stated in the taxi service licence is an eligible replaceable taxi; and\n- (c) the licensee intends to apply to the chief executive (transport) to change the motor vehicle stated in the taxi service licence to the new wheelchair accessible taxi acquired by the licensee; and\n- (d) the licensee is able to pay at least 50% of the cost of acquiring a new wheelchair accessible taxi.","sortOrder":226},{"sectionNumber":"sch.15-sec.10","sectionType":"section","heading":"Amount and payment of assistance","content":"### sch.15-sec.10 Amount and payment of assistance\n\nIf the authority approves reimbursement assistance or purchase assistance under the scheme for a licensee, the authority must pay the licensee the lesser of the following amounts—\n50% of the cost of acquiring a new wheelchair accessible taxi;\n$55,000.\nHowever, the authority may pay purchase assistance, made up of lesser amounts, at intervals decided by the authority.\nsch 15 s 10 ins 2019 SL No. 262 s 4\namd 2024 SL No. 109 s 8\n(sch.15-sec.10-ssec.1) If the authority approves reimbursement assistance or purchase assistance under the scheme for a licensee, the authority must pay the licensee the lesser of the following amounts— 50% of the cost of acquiring a new wheelchair accessible taxi; $55,000.\n(sch.15-sec.10-ssec.2) However, the authority may pay purchase assistance, made up of lesser amounts, at intervals decided by the authority.\n- (a) 50% of the cost of acquiring a new wheelchair accessible taxi;\n- (b) $55,000.","sortOrder":227},{"sectionNumber":"sch.15-sec.11","sectionType":"section","heading":"Conditions of assistance","content":"### sch.15-sec.11 Conditions of assistance\n\nThe payment of reimbursement assistance or purchase assistance under section 10 is subject to the conditions stated in this section.\nBefore receiving the reimbursement assistance or purchase assistance, the licensee must—\ngive the authority, when asked to do so—\na tax invoice for an amount the applicant is required to pay to acquire the new wheelchair accessible taxi; or\nan official receipt for an amount the applicant has paid to acquire the new wheelchair accessible taxi; and\nenter into a written agreement with the authority that sets out the terms on which the assistance is provided.\nThe agreement must include the following terms—\nthe licensee must ensure—\nthe new wheelchair accessible taxi is used to provide a taxi service for at least 3 years; and\nthe taxi service is provided under a taxi service licence with a wheelchair accessible taxi condition held or leased by the licensee;\nif the reimbursement assistance or purchase assistance paid to the licensee under the scheme relates to an eligible replaceable taxi of the kind mentioned in section 5 (2) —the licensee may not transfer the new wheelchair accessible taxi to another taxi service licence for at least 3 years;\nif the licensee does not comply with a term mentioned in paragraph (a) or (b) , the licensee must repay the assistance on a pro-rata basis for the part of the 3-year period the licensee did not comply with the term.\nIn this section—\nofficial receipt means a receipt that states—\nthe name and address of the entity that issued the receipt; and\nif the entity has an Australian Business Number—the entity’s Australian Business Number; and\na description of each item to which the receipt relates.\nsch 15 s 11 ins 2019 SL No. 262 s 4\namd 2022 SL No. 175 s 9\n(sch.15-sec.11-ssec.1) The payment of reimbursement assistance or purchase assistance under section 10 is subject to the conditions stated in this section.\n(sch.15-sec.11-ssec.2) Before receiving the reimbursement assistance or purchase assistance, the licensee must— give the authority, when asked to do so— a tax invoice for an amount the applicant is required to pay to acquire the new wheelchair accessible taxi; or an official receipt for an amount the applicant has paid to acquire the new wheelchair accessible taxi; and enter into a written agreement with the authority that sets out the terms on which the assistance is provided.\n(sch.15-sec.11-ssec.3) The agreement must include the following terms— the licensee must ensure— the new wheelchair accessible taxi is used to provide a taxi service for at least 3 years; and the taxi service is provided under a taxi service licence with a wheelchair accessible taxi condition held or leased by the licensee; if the reimbursement assistance or purchase assistance paid to the licensee under the scheme relates to an eligible replaceable taxi of the kind mentioned in section 5 (2) —the licensee may not transfer the new wheelchair accessible taxi to another taxi service licence for at least 3 years; if the licensee does not comply with a term mentioned in paragraph (a) or (b) , the licensee must repay the assistance on a pro-rata basis for the part of the 3-year period the licensee did not comply with the term.\n(sch.15-sec.11-ssec.4) In this section— official receipt means a receipt that states— the name and address of the entity that issued the receipt; and if the entity has an Australian Business Number—the entity’s Australian Business Number; and a description of each item to which the receipt relates.\n- (a) give the authority, when asked to do so— (i) a tax invoice for an amount the applicant is required to pay to acquire the new wheelchair accessible taxi; or (ii) an official receipt for an amount the applicant has paid to acquire the new wheelchair accessible taxi; and\n- (i) a tax invoice for an amount the applicant is required to pay to acquire the new wheelchair accessible taxi; or\n- (ii) an official receipt for an amount the applicant has paid to acquire the new wheelchair accessible taxi; and\n- (b) enter into a written agreement with the authority that sets out the terms on which the assistance is provided.\n- (i) a tax invoice for an amount the applicant is required to pay to acquire the new wheelchair accessible taxi; or\n- (ii) an official receipt for an amount the applicant has paid to acquire the new wheelchair accessible taxi; and\n- (a) the licensee must ensure— (i) the new wheelchair accessible taxi is used to provide a taxi service for at least 3 years; and (ii) the taxi service is provided under a taxi service licence with a wheelchair accessible taxi condition held or leased by the licensee;\n- (i) the new wheelchair accessible taxi is used to provide a taxi service for at least 3 years; and\n- (ii) the taxi service is provided under a taxi service licence with a wheelchair accessible taxi condition held or leased by the licensee;\n- (b) if the reimbursement assistance or purchase assistance paid to the licensee under the scheme relates to an eligible replaceable taxi of the kind mentioned in section 5 (2) —the licensee may not transfer the new wheelchair accessible taxi to another taxi service licence for at least 3 years;\n- (c) if the licensee does not comply with a term mentioned in paragraph (a) or (b) , the licensee must repay the assistance on a pro-rata basis for the part of the 3-year period the licensee did not comply with the term.\n- (i) the new wheelchair accessible taxi is used to provide a taxi service for at least 3 years; and\n- (ii) the taxi service is provided under a taxi service licence with a wheelchair accessible taxi condition held or leased by the licensee;\n- (a) the name and address of the entity that issued the receipt; and\n- (b) if the entity has an Australian Business Number—the entity’s Australian Business Number; and\n- (c) a description of each item to which the receipt relates.","sortOrder":228},{"sectionNumber":"sch.15-sec.12","sectionType":"section","heading":"Additional conditions of purchase assistance","content":"### sch.15-sec.12 Additional conditions of purchase assistance\n\nThe payment of purchase assistance under section 10 to a licensee who intends to acquire a new wheelchair accessible taxi is also subject to the conditions stated in this section.\nThe licensee must take reasonable steps to achieve value for money in acquiring the new wheelchair accessible taxi.\nThe licensee must acquire the new wheelchair accessible taxi, and start to provide taxi services using the new wheelchair accessible taxi, within—\n3 months after the licensee is paid the purchase assistance; or\na longer period approved by the authority.\nThe licensee must not use the purchase assistance to pay any of the costs mentioned in section 4 (2) .\nIf the authority pays the purchase assistance to the licensee at intervals under section 10 (2) , before paying the last payment of the purchase assistance, the authority must be satisfied—\nthe eligible modifications to which the assistance relates have been completed; and\nthe new wheelchair accessible taxi is stated in the licence; and\nthe licence continues to state, or has been amended to add, a wheelchair accessible taxi condition.\nsch 15 s 12 ins 2019 SL No. 262 s 4\namd 2024 SL No. 109 s 9\n(sch.15-sec.12-ssec.1) The payment of purchase assistance under section 10 to a licensee who intends to acquire a new wheelchair accessible taxi is also subject to the conditions stated in this section.\n(sch.15-sec.12-ssec.2) The licensee must take reasonable steps to achieve value for money in acquiring the new wheelchair accessible taxi.\n(sch.15-sec.12-ssec.3) The licensee must acquire the new wheelchair accessible taxi, and start to provide taxi services using the new wheelchair accessible taxi, within— 3 months after the licensee is paid the purchase assistance; or a longer period approved by the authority.\n(sch.15-sec.12-ssec.4) The licensee must not use the purchase assistance to pay any of the costs mentioned in section 4 (2) .\n(sch.15-sec.12-ssec.5) If the authority pays the purchase assistance to the licensee at intervals under section 10 (2) , before paying the last payment of the purchase assistance, the authority must be satisfied— the eligible modifications to which the assistance relates have been completed; and the new wheelchair accessible taxi is stated in the licence; and the licence continues to state, or has been amended to add, a wheelchair accessible taxi condition.\n- (a) 3 months after the licensee is paid the purchase assistance; or\n- (b) a longer period approved by the authority.\n- (a) the eligible modifications to which the assistance relates have been completed; and\n- (b) the new wheelchair accessible taxi is stated in the licence; and\n- (c) the licence continues to state, or has been amended to add, a wheelchair accessible taxi condition.","sortOrder":229},{"sectionNumber":"sch.15-sec.13","sectionType":"section","heading":"Applications","content":"### sch.15-sec.13 Applications\n\nAn application for assistance under the scheme must be—\ngiven to the authority either—\non or before 30 June 2025; or\nduring the period starting on 14 November 2025 and ending on 30 June 2026; and\nmade in the approved form; and\naccompanied by any other documents stated in the approved form.\nIf the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\nsch 15 s 13 ins 2019 SL No. 262 s 4\namd 2022 SL No. 175 s 10 ; 2024 SL No. 109 s 10 ; 2025 SL No. 138 s 6\n(sch.15-sec.13-ssec.1) An application for assistance under the scheme must be— given to the authority either— on or before 30 June 2025; or during the period starting on 14 November 2025 and ending on 30 June 2026; and made in the approved form; and accompanied by any other documents stated in the approved form.\n(sch.15-sec.13-ssec.2) If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\n- (a) given to the authority either— (i) on or before 30 June 2025; or (ii) during the period starting on 14 November 2025 and ending on 30 June 2026; and\n- (i) on or before 30 June 2025; or\n- (ii) during the period starting on 14 November 2025 and ending on 30 June 2026; and\n- (b) made in the approved form; and\n- (c) accompanied by any other documents stated in the approved form.\n- (i) on or before 30 June 2025; or\n- (ii) during the period starting on 14 November 2025 and ending on 30 June 2026; and","sortOrder":230},{"sectionNumber":"sch.15-sec.14","sectionType":"section","heading":"Deciding applications","content":"### sch.15-sec.14 Deciding applications\n\nThe authority must decide to approve, or refuse to approve, each application for assistance under the scheme.\nThe authority must refuse an application for assistance under the scheme if the authority’s assistance funds are not sufficient to pay for the assistance.\nThe authority must refuse an application for assistance under the scheme (the later application ) made by the holder or lessee of a taxi service licence if the holder or lessee has already received assistance under the scheme for the acquisition of a new wheelchair accessible taxi (the first new taxi ) for the licence.\nSubsection (3) does not apply if the later application is made because the first new taxi is a written-off vehicle.\nsch 15 s 14 ins 2019 SL No. 262 s 4\namd 2022 SL No. 175 s 11\n(sch.15-sec.14-ssec.1) The authority must decide to approve, or refuse to approve, each application for assistance under the scheme.\n(sch.15-sec.14-ssec.2) The authority must refuse an application for assistance under the scheme if the authority’s assistance funds are not sufficient to pay for the assistance.\n(sch.15-sec.14-ssec.3) The authority must refuse an application for assistance under the scheme (the later application ) made by the holder or lessee of a taxi service licence if the holder or lessee has already received assistance under the scheme for the acquisition of a new wheelchair accessible taxi (the first new taxi ) for the licence.\n(sch.15-sec.14-ssec.4) Subsection (3) does not apply if the later application is made because the first new taxi is a written-off vehicle.","sortOrder":231},{"sectionNumber":"sch.15-sec.15","sectionType":"section","heading":null,"content":"### Section sch.15-sec.15\n\nsch 15 s 15 ins 2019 SL No. 262 s 4\namd 2022 SL No. 175 ss 12, 16\nom 2024 SL No. 109 s 11","sortOrder":232},{"sectionNumber":"sch.17-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":233},{"sectionNumber":"sch.17-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.17-sec.1 Objective of scheme\n\nThe objective of the scheme is to help tourism businesses that have suffered losses of income because of the international travel restrictions to—\nadapt their products, services or marketing to the domestic tourism market; or\npay operational expenses until international tourism resumes in Australia.\nsch 17 s 1 prev sch 17 s 1 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 17 s 1 ins 2020 SL No. 189 s 4\n- (a) adapt their products, services or marketing to the domestic tourism market; or\n- (b) pay operational expenses until international tourism resumes in Australia.","sortOrder":234},{"sectionNumber":"sch.17-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.17-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to provide grants to owners of eligible businesses to—\nhelp with meeting expenses associated with carrying out eligible activities; or\nreimburse the owners, in whole or in part, for expenses incurred in carrying out eligible activities.\nSee also section 4 (2) (a) .\nsch 17 s 2 prev sch 17 s 2 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 17 s 2 ins 2020 SL No. 189 s 4\n- (a) help with meeting expenses associated with carrying out eligible activities; or\n- (b) reimburse the owners, in whole or in part, for expenses incurred in carrying out eligible activities. Note— See also section 4 (2) (a) .","sortOrder":235},{"sectionNumber":"sch.17-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.17-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means an entity applying for assistance under the scheme.\neligible activity , in relation to an eligible business, see section 4 .\neligible business see section 5 .\nemployee , of a business—\nmeans an individual who is employed, or usually employed, by the business; and\nincludes the following persons—\nan owner of the business;\na person who performs work under a contract for services with the business, including, for example, a subcontractor.\ninternational travel restrictions means the restrictions placed on persons entering Australia from overseas following the declaration of a human biosecurity emergency under the Biosecurity Act 2015 (Cwlth) , section 475 , in relation to human coronavirus with pandemic potential.\nowner , of a business, means—\na sole trader who spends labour on, and derives income from, the business; or\nin relation to a partnership, company or trust that carries on the business—the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend labour on, and derive income from, the business.\nscheme means the scheme set out in this schedule.\nsch 17 s 3 prev sch 17 s 3 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 17 s 3 ins 2020 SL No. 189 s 4\n- (a) means an individual who is employed, or usually employed, by the business; and\n- (b) includes the following persons— (i) an owner of the business; (ii) a person who performs work under a contract for services with the business, including, for example, a subcontractor.\n- (i) an owner of the business;\n- (ii) a person who performs work under a contract for services with the business, including, for example, a subcontractor.\n- (i) an owner of the business;\n- (ii) a person who performs work under a contract for services with the business, including, for example, a subcontractor.\n- (a) a sole trader who spends labour on, and derives income from, the business; or\n- (b) in relation to a partnership, company or trust that carries on the business—the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend labour on, and derive income from, the business.","sortOrder":236},{"sectionNumber":"sch.17-sec.4","sectionType":"section","heading":"Meaning of eligible activity","content":"### sch.17-sec.4 Meaning of eligible activity\n\nAn eligible activity , in relation to an eligible business, is—\nany of the following activities related to adapting the business’s products, services or marketing to the domestic tourism market—\nobtaining either of the following—\nfinancial, legal or other professional advice;\nstrategic planning, financial counselling or business coaching;\nconducting a marketing or communication activity;\ndeveloping a web page, an app or other media\ndeveloping a digital or technological strategy, or buying specialised digital equipment or business-specific software;\nconducting training; or\nif the business is suspended until international tourism resumes in Australia—paying other operational expenses.\nutility expenses, rates, rent, telecommunications expenses, insurance premiums, licensing or franchise fees\nHowever, none of the following is an eligible activity in relation to an eligible business—\nan activity mentioned in subsection (1) , to the extent the activity was carried out before 1 February 2020;\npaying wages, superannuation or a workers’ compensation expense for the business;\nbuying a business asset, other than as part of an activity mentioned in subsection (1) (a) (iii) , for the business;\nstock, fleet vehicles, machinery\npaying for a good or service provided to the business by—\na related entity of an owner of the business; or\na spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian of an employee of the business;\npaying for a service provided to the business for which payment has been, or is required to be, made in kind;\ndirect selling.\nIn this section—\ndirect selling means selling a thing from a location other than retail premises.\nrelated entity , of an owner of an eligible business, means—\na company of which the owner is a director or shareholder; or\na director or shareholder of a company of which the owner, or a company of which the owner is a director or shareholder, is also a director or shareholder; or\nan employee of the business; or\na spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian of the owner of the business.\nwages see the Industrial Relations Act 2016 , schedule 5 .\nworkers’ compensation expense , for an eligible business, means an expense associated with an obligation of the business, or an owner of the business, under the Workers’ Compensation and Rehabilitation Act 2003 .\nsch 17 s 4 prev sch 17 s 4 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 17 s 4 ins 2020 SL No. 189 s 4\n(sch.17-sec.4-ssec.1) An eligible activity , in relation to an eligible business, is— any of the following activities related to adapting the business’s products, services or marketing to the domestic tourism market— obtaining either of the following— financial, legal or other professional advice; strategic planning, financial counselling or business coaching; conducting a marketing or communication activity; developing a web page, an app or other media developing a digital or technological strategy, or buying specialised digital equipment or business-specific software; conducting training; or if the business is suspended until international tourism resumes in Australia—paying other operational expenses. utility expenses, rates, rent, telecommunications expenses, insurance premiums, licensing or franchise fees\n(sch.17-sec.4-ssec.2) However, none of the following is an eligible activity in relation to an eligible business— an activity mentioned in subsection (1) , to the extent the activity was carried out before 1 February 2020; paying wages, superannuation or a workers’ compensation expense for the business; buying a business asset, other than as part of an activity mentioned in subsection (1) (a) (iii) , for the business; stock, fleet vehicles, machinery paying for a good or service provided to the business by— a related entity of an owner of the business; or a spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian of an employee of the business; paying for a service provided to the business for which payment has been, or is required to be, made in kind; direct selling.\n(sch.17-sec.4-ssec.3) In this section— direct selling means selling a thing from a location other than retail premises. related entity , of an owner of an eligible business, means— a company of which the owner is a director or shareholder; or a director or shareholder of a company of which the owner, or a company of which the owner is a director or shareholder, is also a director or shareholder; or an employee of the business; or a spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian of the owner of the business. wages see the Industrial Relations Act 2016 , schedule 5 . workers’ compensation expense , for an eligible business, means an expense associated with an obligation of the business, or an owner of the business, under the Workers’ Compensation and Rehabilitation Act 2003 .\n- (a) any of the following activities related to adapting the business’s products, services or marketing to the domestic tourism market— (i) obtaining either of the following— (A) financial, legal or other professional advice; (B) strategic planning, financial counselling or business coaching; (ii) conducting a marketing or communication activity; Example of a marketing or communication activity— developing a web page, an app or other media (iii) developing a digital or technological strategy, or buying specialised digital equipment or business-specific software; (iv) conducting training; or\n- (i) obtaining either of the following— (A) financial, legal or other professional advice; (B) strategic planning, financial counselling or business coaching;\n- (A) financial, legal or other professional advice;\n- (B) strategic planning, financial counselling or business coaching;\n- (ii) conducting a marketing or communication activity; Example of a marketing or communication activity— developing a web page, an app or other media\n- (iii) developing a digital or technological strategy, or buying specialised digital equipment or business-specific software;\n- (iv) conducting training; or\n- (b) if the business is suspended until international tourism resumes in Australia—paying other operational expenses. Examples of other operational expenses— utility expenses, rates, rent, telecommunications expenses, insurance premiums, licensing or franchise fees\n- (i) obtaining either of the following— (A) financial, legal or other professional advice; (B) strategic planning, financial counselling or business coaching;\n- (A) financial, legal or other professional advice;\n- (B) strategic planning, financial counselling or business coaching;\n- (ii) conducting a marketing or communication activity; Example of a marketing or communication activity— developing a web page, an app or other media\n- (iii) developing a digital or technological strategy, or buying specialised digital equipment or business-specific software;\n- (iv) conducting training; or\n- (A) financial, legal or other professional advice;\n- (B) strategic planning, financial counselling or business coaching;\n- (a) an activity mentioned in subsection (1) , to the extent the activity was carried out before 1 February 2020;\n- (b) paying wages, superannuation or a workers’ compensation expense for the business;\n- (c) buying a business asset, other than as part of an activity mentioned in subsection (1) (a) (iii) , for the business; Examples of a business asset for paragraph (c) — stock, fleet vehicles, machinery\n- (d) paying for a good or service provided to the business by— (i) a related entity of an owner of the business; or (ii) a spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian of an employee of the business;\n- (i) a related entity of an owner of the business; or\n- (ii) a spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian of an employee of the business;\n- (e) paying for a service provided to the business for which payment has been, or is required to be, made in kind;\n- (f) direct selling.\n- (i) a related entity of an owner of the business; or\n- (ii) a spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian of an employee of the business;\n- (a) a company of which the owner is a director or shareholder; or\n- (b) a director or shareholder of a company of which the owner, or a company of which the owner is a director or shareholder, is also a director or shareholder; or\n- (c) an employee of the business; or\n- (d) a spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian of the owner of the business.","sortOrder":237},{"sectionNumber":"sch.17-sec.5","sectionType":"section","heading":"Meaning of eligible business","content":"### sch.17-sec.5 Meaning of eligible business\n\nA business is an eligible business if—\nthe owner of the business—\nholds an Australian Business Number for the business; and\nhas continuously held the same Australian Business Number for the business since 1 February 2020; and\nthe business is, and has since 1 February 2020 been, registered for GST; and\nthe business has its headquarters in Queensland; and\nthe business primarily operates in regional Queensland; and\nbefore 1 February 2020, the business primarily operated for the international tourism market; and\non 1 February 2020, the business had—\nat least 1, but not more than 199, full-time employees; or\nif the business had employees other than full-time employees—at least 1, but not more than 199, equivalent full-time employees; and\neither—\nthe annual turnover of the business for the 2018–2019 financial year or the 2019–2020 financial year was more than $75,000; or\nboth of the following apply—\nthe business has been operating for a period of less than 1 financial year;\naccording to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and\nA business has been operating for 250 days. The turnover of the business, according to its financial records, for the 250-day period must be more than $51,369.86.\nneither an owner, nor a director or shareholder of an owner, of the business is an insolvent under administration.\nHowever, a business is not an eligible business if the business is—\na local or regional tourism organisation; or\na non-profit organisation.\nFor subsection (1) (f) (ii) , the number of equivalent full-time employees of a business is worked out using the formula—\nwhere—\nE means the number of equivalent full-time employees of the business.\nF means the number of full-time employees of the business.\nP means the total number of hours worked each week by employees other than full-time employees.\nIn this section—\nfull-time employee , of a business, means an employee of the business who ordinarily works for at least 35 hours each week for the business.\nnon-profit organisation means a charity or other not-for-profit entity that is—\nincorporated under a law of the Commonwealth or a State; and\neither—\nregistered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or\nregistered or otherwise authorised to raise funds under a law of another State.\nregional Queensland means the area of the State other than—\nthe area within the boundaries of Brisbane as described by regulation under the City of Brisbane Act 2010 , section 7 (4) ; and\nSee also the City of Brisbane Regulation 2012 , section 3 .\nthe Ipswich, Logan, Moreton Bay and Redland local government areas.\nsch 17 s 5 prev sch 17 s 5 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 17 s 5 ins 2020 SL No. 189 s 4\namd 2023 No. 23 s 247 sch 1 s 36\n(sch.17-sec.5-ssec.1) A business is an eligible business if— the owner of the business— holds an Australian Business Number for the business; and has continuously held the same Australian Business Number for the business since 1 February 2020; and the business is, and has since 1 February 2020 been, registered for GST; and the business has its headquarters in Queensland; and the business primarily operates in regional Queensland; and before 1 February 2020, the business primarily operated for the international tourism market; and on 1 February 2020, the business had— at least 1, but not more than 199, full-time employees; or if the business had employees other than full-time employees—at least 1, but not more than 199, equivalent full-time employees; and either— the annual turnover of the business for the 2018–2019 financial year or the 2019–2020 financial year was more than $75,000; or both of the following apply— the business has been operating for a period of less than 1 financial year; according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and A business has been operating for 250 days. The turnover of the business, according to its financial records, for the 250-day period must be more than $51,369.86. neither an owner, nor a director or shareholder of an owner, of the business is an insolvent under administration.\n(sch.17-sec.5-ssec.2) However, a business is not an eligible business if the business is— a local or regional tourism organisation; or a non-profit organisation.\n(sch.17-sec.5-ssec.3) For subsection (1) (f) (ii) , 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.\n(sch.17-sec.5-ssec.4) In this section— full-time employee , of a business, means an employee of the business who ordinarily works for at least 35 hours each week for the business. non-profit organisation means a charity or other not-for-profit entity that is— incorporated under a law of the Commonwealth or a State; and either— registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or registered or otherwise authorised to raise funds under a law of another State. regional Queensland means the area of the State other than— the area within the boundaries of Brisbane as described by regulation under the City of Brisbane Act 2010 , section 7 (4) ; and See also the City of Brisbane Regulation 2012 , section 3 . the Ipswich, Logan, Moreton Bay and Redland local government areas.\n- (a) the owner of the business— (i) holds an Australian Business Number for the business; and (ii) has continuously held the same Australian Business Number for the business since 1 February 2020; and\n- (i) holds an Australian Business Number for the business; and\n- (ii) has continuously held the same Australian Business Number for the business since 1 February 2020; and\n- (b) the business is, and has since 1 February 2020 been, registered for GST; and\n- (c) the business has its headquarters in Queensland; and\n- (d) the business primarily operates in regional Queensland; and\n- (e) before 1 February 2020, the business primarily operated for the international tourism market; and\n- (f) on 1 February 2020, the business had— (i) at least 1, but not more than 199, full-time employees; or (ii) if the business had employees other than full-time employees—at least 1, but not more than 199, equivalent full-time employees; and\n- (i) at least 1, but not more than 199, full-time employees; or\n- (ii) if the business had employees other than full-time employees—at least 1, but not more than 199, equivalent full-time employees; and\n- (g) either— (i) the annual turnover of the business for the 2018–2019 financial year or the 2019–2020 financial year was more than $75,000; or (ii) both of the following apply— (A) the business has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 250 days. The turnover of the business, according to its financial records, for the 250-day period must be more than $51,369.86.\n- (i) the annual turnover of the business for the 2018–2019 financial year or the 2019–2020 financial year was more than $75,000; or\n- (ii) both of the following apply— (A) the business has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 250 days. The turnover of the business, according to its financial records, for the 250-day period must be more than $51,369.86.\n- (A) the business has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 250 days. The turnover of the business, according to its financial records, for the 250-day period must be more than $51,369.86.\n- (h) neither an owner, nor a director or shareholder of an owner, of the business is an insolvent under administration.\n- (i) holds an Australian Business Number for the business; and\n- (ii) has continuously held the same Australian Business Number for the business since 1 February 2020; and\n- (i) at least 1, but not more than 199, full-time employees; or\n- (ii) if the business had employees other than full-time employees—at least 1, but not more than 199, equivalent full-time employees; and\n- (i) the annual turnover of the business for the 2018–2019 financial year or the 2019–2020 financial year was more than $75,000; or\n- (ii) both of the following apply— (A) the business has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 250 days. The turnover of the business, according to its financial records, for the 250-day period must be more than $51,369.86.\n- (A) the business has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 250 days. The turnover of the business, according to its financial records, for the 250-day period must be more than $51,369.86.\n- (A) the business has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 250 days. The turnover of the business, according to its financial records, for the 250-day period must be more than $51,369.86.\n- (a) a local or regional tourism organisation; or\n- (b) a non-profit organisation.\n- (a) incorporated under a law of the Commonwealth or a State; and\n- (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.\n- (i) registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or\n- (ii) registered or otherwise authorised to raise funds under a law of another State.\n- (i) registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or\n- (ii) registered or otherwise authorised to raise funds under a law of another State.\n- (a) the area within the boundaries of Brisbane as described by regulation under the City of Brisbane Act 2010 , section 7 (4) ; and Note— See also the City of Brisbane Regulation 2012 , section 3 .\n- (b) the Ipswich, Logan, Moreton Bay and Redland local government areas.","sortOrder":238},{"sectionNumber":"sch.17-pt.2","sectionType":"part","heading":"General provisions of scheme","content":"# General provisions of scheme","sortOrder":239},{"sectionNumber":"sch.17-sec.6","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.17-sec.6 Nature and amount of assistance\n\nThe nature of assistance available to an applicant under the scheme is a grant of financial assistance for an eligible activity carried out, or to be carried out, for an eligible business.\nThe maximum amount of assistance payable under the scheme is $10,000.\nsch 17 s 6 prev sch 17 s 6 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 17 s 6 ins 2020 SL No. 189 s 4\n(sch.17-sec.6-ssec.1) The nature of assistance available to an applicant under the scheme is a grant of financial assistance for an eligible activity carried out, or to be carried out, for an eligible business.\n(sch.17-sec.6-ssec.2) The maximum amount of assistance payable under the scheme is $10,000.","sortOrder":240},{"sectionNumber":"sch.17-sec.7","sectionType":"section","heading":"Eligibility criteria","content":"### sch.17-sec.7 Eligibility criteria\n\nAn applicant is eligible to receive assistance under the scheme if the applicant—\nis an owner of an eligible business; and\nis applying for assistance in relation to an eligible activity carried out, or to be carried out, for the eligible business; and\ndemonstrates to the satisfaction of the authority that—\nthe eligible business has suffered a loss of income because of the international travel restrictions; and\nthe claimed cost of the eligible activity—\nis at least $2,000; and\nrepresents reasonable value for money.\nHowever, an applicant is not eligible to receive assistance under the scheme—\nin relation to an eligible business for which the applicant or any other person has received or has been approved to receive—\nassistance under—\nthe scheme; or\nthe scheme set out in schedule 27 ; or\nfinancial assistance under the program known as the ‘Small Business COVID-19 Adaption Grant Program’ administered by the department in which the Further Education and Training Act 2014 is administered; or\nDetails of the Small Business COVID-19 Adaption Grant Program are available on the Department of Employment, Small Business and Training’s website.\nfor an eligible activity for which the applicant has received, or has been approved to receive, financial assistance from the Commonwealth government or the government of the State.\nsch 17 s 7 prev sch 17 s 7 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 17 s 7 ins 2020 SL No. 189 s 4\n(sch.17-sec.7-ssec.1) An applicant is eligible to receive assistance under the scheme if the applicant— is an owner of an eligible business; and is applying for assistance in relation to an eligible activity carried out, or to be carried out, for the eligible business; and demonstrates to the satisfaction of the authority that— the eligible business has suffered a loss of income because of the international travel restrictions; and the claimed cost of the eligible activity— is at least $2,000; and represents reasonable value for money.\n(sch.17-sec.7-ssec.2) However, an applicant is not eligible to receive assistance under the scheme— in relation to an eligible business for which the applicant or any other person has received or has been approved to receive— assistance under— the scheme; or the scheme set out in schedule 27 ; or financial assistance under the program known as the ‘Small Business COVID-19 Adaption Grant Program’ administered by the department in which the Further Education and Training Act 2014 is administered; or Details of the Small Business COVID-19 Adaption Grant Program are available on the Department of Employment, Small Business and Training’s website. for an eligible activity for which the applicant has received, or has been approved to receive, financial assistance from the Commonwealth government or the government of the State.\n- (a) is an owner of an eligible business; and\n- (b) is applying for assistance in relation to an eligible activity carried out, or to be carried out, for the eligible business; and\n- (c) demonstrates to the satisfaction of the authority that— (i) the eligible business has suffered a loss of income because of the international travel restrictions; and (ii) the claimed cost of the eligible activity— (A) is at least $2,000; and (B) represents reasonable value for money.\n- (i) the eligible business has suffered a loss of income because of the international travel restrictions; and\n- (ii) the claimed cost of the eligible activity— (A) is at least $2,000; and (B) represents reasonable value for money.\n- (A) is at least $2,000; and\n- (B) represents reasonable value for money.\n- (i) the eligible business has suffered a loss of income because of the international travel restrictions; and\n- (ii) the claimed cost of the eligible activity— (A) is at least $2,000; and (B) represents reasonable value for money.\n- (A) is at least $2,000; and\n- (B) represents reasonable value for money.\n- (A) is at least $2,000; and\n- (B) represents reasonable value for money.\n- (a) in relation to an eligible business for which the applicant or any other person has received or has been approved to receive— (i) assistance under— (A) the scheme; or (B) the scheme set out in schedule 27 ; or (ii) financial assistance under the program known as the ‘Small Business COVID-19 Adaption Grant Program’ administered by the department in which the Further Education and Training Act 2014 is administered; or Editor’s note— Details of the Small Business COVID-19 Adaption Grant Program are available on the Department of Employment, Small Business and Training’s website.\n- (i) assistance under— (A) the scheme; or (B) the scheme set out in schedule 27 ; or\n- (A) the scheme; or\n- (B) the scheme set out in schedule 27 ; or\n- (ii) financial assistance under the program known as the ‘Small Business COVID-19 Adaption Grant Program’ administered by the department in which the Further Education and Training Act 2014 is administered; or Editor’s note— Details of the Small Business COVID-19 Adaption Grant Program are available on the Department of Employment, Small Business and Training’s website.\n- (b) for an eligible activity for which the applicant has received, or has been approved to receive, financial assistance from the Commonwealth government or the government of the State.\n- (i) assistance under— (A) the scheme; or (B) the scheme set out in schedule 27 ; or\n- (A) the scheme; or\n- (B) the scheme set out in schedule 27 ; or\n- (ii) financial assistance under the program known as the ‘Small Business COVID-19 Adaption Grant Program’ administered by the department in which the Further Education and Training Act 2014 is administered; or Editor’s note— Details of the Small Business COVID-19 Adaption Grant Program are available on the Department of Employment, Small Business and Training’s website.\n- (A) the scheme; or\n- (B) the scheme set out in schedule 27 ; or","sortOrder":241},{"sectionNumber":"sch.17-sec.8","sectionType":"section","heading":"Requirements for applications","content":"### sch.17-sec.8 Requirements for applications\n\nAn application for assistance under the scheme must—\nbe made to the authority on the authority’s application form; and\nbe accompanied by the documents stated in the application form.\nIf the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\nsch 17 s 8 prev sch 17 s 8 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 17 s 8 ins 2020 SL No. 189 s 4\n(sch.17-sec.8-ssec.1) An application for assistance under the scheme must— be made to the authority on the authority’s application form; and be accompanied by the documents stated in the application form.\n(sch.17-sec.8-ssec.2) If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\n- (a) be made to the authority on the authority’s application form; and\n- (b) be accompanied by the documents stated in the application form.","sortOrder":242},{"sectionNumber":"sch.17-sec.9","sectionType":"section","heading":"Deciding applications","content":"### sch.17-sec.9 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 8 (1) .\nThe authority must consider applications in the order they are received by the authority.\nThe authority must approve an application if the authority is satisfied the applicant is eligible for assistance under section 7 .\nThe authority must refuse an application for assistance to the extent the authority’s assistance funds for the scheme are not enough to pay for the assistance.\nIf the authority refuses to approve the application, the authority must give the applicant written notice of the decision.\nsch 17 s 9 prev sch 17 s 9 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 17 s 9 ins 2020 SL No. 189 s 4\n(sch.17-sec.9-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 8 (1) .\n(sch.17-sec.9-ssec.2) The authority must consider applications in the order they are received by the authority.\n(sch.17-sec.9-ssec.3) The authority must approve an application if the authority is satisfied the applicant is eligible for assistance under section 7 .\n(sch.17-sec.9-ssec.4) The authority must refuse an application for assistance to the extent the authority’s assistance funds for the scheme are not enough to pay for the assistance.\n(sch.17-sec.9-ssec.5) If the authority refuses to approve the application, the authority must give the applicant written notice of the decision.","sortOrder":243},{"sectionNumber":"sch.17-sec.10","sectionType":"section","heading":"Conditions of assistance","content":"### sch.17-sec.10 Conditions of assistance\n\nPayment of assistance under the scheme to an applicant is subject to the conditions stated in this section.\nThe full amount of assistance given for an eligible activity must be used—\nif the eligible activity is completed before the assistance is approved—for reimbursing the applicant, in whole or in part, for an expense incurred to complete the activity; or\notherwise—for completing the activity.\nThe applicant must—\nuntil 4 years after the assistance is approved, keep the following records in relation to each eligible activity for which the assistance is given—\nall tax invoices, receipts, bank statements or other similar records of amounts paid;\nall quotations or other similar records of amounts claimed; and\nconsent to the authority conducting an audit of the records mentioned in paragraph (a) to allow the authority to verify that assistance given to the applicant under the scheme has been used in accordance with the application for assistance.\nsch 17 s 10 prev sch 17 s 10 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 17 s 10 ins 2020 SL No. 189 s 4\n(sch.17-sec.10-ssec.1) Payment of assistance under the scheme to an applicant is subject to the conditions stated in this section.\n(sch.17-sec.10-ssec.2) The full amount of assistance given for an eligible activity must be used— if the eligible activity is completed before the assistance is approved—for reimbursing the applicant, in whole or in part, for an expense incurred to complete the activity; or otherwise—for completing the activity.\n(sch.17-sec.10-ssec.3) The applicant must— until 4 years after the assistance is approved, keep the following records in relation to each eligible activity for which the assistance is given— all tax invoices, receipts, bank statements or other similar records of amounts paid; all quotations or other similar records of amounts claimed; and consent to the authority conducting an audit of the records mentioned in paragraph (a) to allow the authority to verify that assistance given to the applicant under the scheme has been used in accordance with the application for assistance.\n- (a) if the eligible activity is completed before the assistance is approved—for reimbursing the applicant, in whole or in part, for an expense incurred to complete the activity; or\n- (b) otherwise—for completing the activity.\n- (a) until 4 years after the assistance is approved, keep the following records in relation to each eligible activity for which the assistance is given— (i) all tax invoices, receipts, bank statements or other similar records of amounts paid; (ii) all quotations or other similar records of amounts claimed; and\n- (i) all tax invoices, receipts, bank statements or other similar records of amounts paid;\n- (ii) all quotations or other similar records of amounts claimed; and\n- (b) consent to the authority conducting an audit of the records mentioned in paragraph (a) to allow the authority to verify that assistance given to the applicant under the scheme has been used in accordance with the application for assistance.\n- (i) all tax invoices, receipts, bank statements or other similar records of amounts paid;\n- (ii) all quotations or other similar records of amounts claimed; and","sortOrder":244},{"sectionNumber":"sch.17-sec.11","sectionType":"section","heading":null,"content":"### Section sch.17-sec.11\n\nsch 17 s 11 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6","sortOrder":245},{"sectionNumber":"sch.17-sec.12","sectionType":"section","heading":null,"content":"### Section sch.17-sec.12\n\nsch 17 s 12 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6","sortOrder":246},{"sectionNumber":"sch.17-sec.13","sectionType":"section","heading":null,"content":"### Section sch.17-sec.13\n\nsch 17 s 13 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6","sortOrder":247},{"sectionNumber":"sch.17-sec.14","sectionType":"section","heading":null,"content":"### Section sch.17-sec.14\n\nsch 17 s 14 ins 2012 SL No. 44 s 4\namd 2012 SL No. 84 s 6 (1)\nom 2014 SL No. 51 s 6","sortOrder":248},{"sectionNumber":"sch.17-sec.15","sectionType":"section","heading":null,"content":"### Section sch.17-sec.15\n\nsch 17 s 15 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6","sortOrder":249},{"sectionNumber":"sch.17-sec.16","sectionType":"section","heading":null,"content":"### Section sch.17-sec.16\n\nsch 17 s 16 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6","sortOrder":250},{"sectionNumber":"sch.17-sec.17","sectionType":"section","heading":null,"content":"### Section sch.17-sec.17\n\nsch 17 s 17 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6","sortOrder":251},{"sectionNumber":"sch.17-sec.18","sectionType":"section","heading":null,"content":"### Section sch.17-sec.18\n\nsch 17 s 18 ins 2012 SL No. 44 s 4\namd 2012 SL No. 84 s 6 (2)\nom 2014 SL No. 51 s 6","sortOrder":252},{"sectionNumber":"sch.17-sec.19","sectionType":"section","heading":null,"content":"### Section sch.17-sec.19\n\nsch 17 s 19 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6","sortOrder":253},{"sectionNumber":"sch.18-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":254},{"sectionNumber":"sch.18-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.18-sec.1 Objective of scheme\n\nThe objective of the scheme is to help businesses providing tourism services that have suffered losses of income because of the COVID-19 travel restrictions by offsetting the cost of renting berths, at privately-owned or privately-operated marinas located in eligible local government areas, for use by eligible boats during the prescribed period for a round of the scheme.\nsch 18 s 1 prev sch 18 s 1 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 18 s 1 ins 2020 SL No. 188 s 4\namd 2021 SL No. 134 s 6","sortOrder":255},{"sectionNumber":"sch.18-sec.2","sectionType":"section","heading":"Definitions for schedule","content":"### sch.18-sec.2 Definitions for schedule\n\nIn this schedule—\napplicant means an entity applying for financial assistance under the scheme.\napplication means an application for assistance under the scheme.\nCOVID-19 travel restrictions means—\nthe restrictions placed on persons entering Australia from overseas following the declaration of a human biosecurity emergency under the Biosecurity Act 2015 (Cwlth) , section 475 , in relation to human coronavirus with pandemic potential; or\nthe following restrictions or prohibitions imposed under the Public Health Act 2005 , section 362B , 362H or 362I —\nrestrictions imposed on, or the prohibition of, persons entering Queensland from another State or another country;\nrestrictions imposed on, or the prohibition of, persons entering or leaving particular premises, or particular areas, in Queensland.\nsch 18 s 2 def COVID-19 travel restrictions ins 2021 SL No. 134 s 7 (2)\nCOVID travel restrictions ...\nsch 18 s 2 def COVID travel restrictions om 2021 SL No. 134 s 7 (1)\neligible berthing expense , for a round of the scheme, see section 3 .\nsch 18 s 2 def eligible berthing expense sub 2021 SL No. 134 s 7\neligible boat see section 4 .\neligible business , for a round of the scheme, see section 5 .\nsch 18 s 2 def eligible business sub 2021 SL No. 134 s 7\neligible local government area see section 6 .\nofficial receipt means a receipt for an amount paid by an applicant to an entity that includes—\nthe name and address of the entity that issued the receipt; and\nif the entity has an Australian Business Number—the Australian Business Number; and\na description of each item to which the receipt relates.\nowner , of a business, means—\na sole trader who spends labour on, and derives income from, the business; or\nin relation to a partnership, company or trust that carries on the business—the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend labour on, and derive income from, the business.\nprescribed period , for a round of the scheme, means—\nfor round 1—the period—\nstarting on 1 July 2020; and\nending on 30 June 2021; or\nfor round 2—the period—\nstarting on 1 July 2021; and\nending on 30 June 2022.\nsch 18 s 2 def prescribed period sub 2021 SL No. 134 s 7\nround , of the scheme, means round 1 of the scheme or round 2 of the scheme.\nsch 18 s 2 def round ins 2021 SL No. 134 s 7 (2)\nround 1 , of the scheme, see section 6A (3) .\nsch 18 s 2 def round 1 ins 2021 SL No. 134 s 7 (2)\nround 2 , of the scheme, see section 6A (4) .\nsch 18 s 2 def round 2 ins 2021 SL No. 134 s 7 (2)\nscheme means the scheme set out in this schedule.\nsch  8 s 2 prev sch 18 s 2 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 18 s 2 ins 2020 SL No. 188 s 4\n- (a) the restrictions placed on persons entering Australia from overseas following the declaration of a human biosecurity emergency under the Biosecurity Act 2015 (Cwlth) , section 475 , in relation to human coronavirus with pandemic potential; or\n- (b) the following restrictions or prohibitions imposed under the Public Health Act 2005 , section 362B , 362H or 362I — (i) restrictions imposed on, or the prohibition of, persons entering Queensland from another State or another country; (ii) restrictions imposed on, or the prohibition of, persons entering or leaving particular premises, or particular areas, in Queensland.\n- (i) restrictions imposed on, or the prohibition of, persons entering Queensland from another State or another country;\n- (ii) restrictions imposed on, or the prohibition of, persons entering or leaving particular premises, or particular areas, in Queensland.\n- (i) restrictions imposed on, or the prohibition of, persons entering Queensland from another State or another country;\n- (ii) restrictions imposed on, or the prohibition of, persons entering or leaving particular premises, or particular areas, in Queensland.\n- (a) the name and address of the entity that issued the receipt; and\n- (b) if the entity has an Australian Business Number—the Australian Business Number; and\n- (c) a description of each item to which the receipt relates.\n- (a) a sole trader who spends labour on, and derives income from, the business; or\n- (b) in relation to a partnership, company or trust that carries on the business—the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend labour on, and derive income from, the business.\n- (a) for round 1—the period— (i) starting on 1 July 2020; and (ii) ending on 30 June 2021; or\n- (i) starting on 1 July 2020; and\n- (ii) ending on 30 June 2021; or\n- (b) for round 2—the period— (i) starting on 1 July 2021; and (ii) ending on 30 June 2022.\n- (i) starting on 1 July 2021; and\n- (ii) ending on 30 June 2022.\n- (i) starting on 1 July 2020; and\n- (ii) ending on 30 June 2021; or\n- (i) starting on 1 July 2021; and\n- (ii) ending on 30 June 2022.","sortOrder":256},{"sectionNumber":"sch.18-sec.3","sectionType":"section","heading":"Meaning of eligible berthing expense","content":"### sch.18-sec.3 Meaning of eligible berthing expense\n\nAn eligible berthing expense , for a round of the scheme, is an amount paid, or to be paid, for renting a berth that is—\nat a privately-owned or privately-operated marina located in an eligible local government area; and\nfor use by an eligible boat during the prescribed period for the round.\nAn eligible berthing expense , for a round of the scheme, includes an amount mentioned in subsection (1) that is paid in advance.\nHowever, the following are not eligible berthing expenses for a round of the scheme—\nincidental costs of berthing an eligible boat;\nthe cost of electricity, water and cleaning\ncosts associated with ownership of a berth.\nsch 18 s 3 prev sch 18 s 3 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 18 s 3 ins 2020 SL No. 188 s 4\namd 2021 SL No. 134 s 8\n(sch.18-sec.3-ssec.1) An eligible berthing expense , for a round of the scheme, is an amount paid, or to be paid, for renting a berth that is— at a privately-owned or privately-operated marina located in an eligible local government area; and for use by an eligible boat during the prescribed period for the round.\n(sch.18-sec.3-ssec.2) An eligible berthing expense , for a round of the scheme, includes an amount mentioned in subsection (1) that is paid in advance.\n(sch.18-sec.3-ssec.3) However, the following are not eligible berthing expenses for a round of the scheme— incidental costs of berthing an eligible boat; the cost of electricity, water and cleaning costs associated with ownership of a berth.\n- (a) at a privately-owned or privately-operated marina located in an eligible local government area; and\n- (b) for use by an eligible boat during the prescribed period for the round.\n- (a) incidental costs of berthing an eligible boat; Examples— the cost of electricity, water and cleaning\n- (b) costs associated with ownership of a berth.","sortOrder":257},{"sectionNumber":"sch.18-sec.4","sectionType":"section","heading":"Meaning of eligible boat","content":"### sch.18-sec.4 Meaning of eligible boat\n\nA boat is an eligible boat if the boat—\nis ordinarily used for tourism services; and\nis identified in a certificate of operation issued under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cwlth) , schedule 1 , section 48 ; and\nordinarily requires a berth, at a privately-owned or privately-operated marina located in an eligible local government area, when not in use.\nsch 18 s 4 prev sch 18 s 4 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 18 s 4 ins 2020 SL No. 188 s 4\namd 2021 SL No. 134 s 9\n- (a) is ordinarily used for tourism services; and\n- (b) is identified in a certificate of operation issued under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cwlth) , schedule 1 , section 48 ; and\n- (c) ordinarily requires a berth, at a privately-owned or privately-operated marina located in an eligible local government area, when not in use.","sortOrder":258},{"sectionNumber":"sch.18-sec.5","sectionType":"section","heading":"Meaning of eligible business","content":"### sch.18-sec.5 Meaning of eligible business\n\nA business is an eligible business for a round of the scheme if—\nthe business has, since the relevant date for the round, ordinarily provided tourism services using 1 or more eligible boats; and\nthe business has its headquarters in Queensland; and\nthe business has, after the relevant date for the round, suffered a loss of income because of the COVID-19 travel restrictions; and\nthe owner of the business—\nholds an Australian Business Number for the business; and\nhas continuously held the same Australian Business Number for the business since the relevant date for the round; and\nthe business is, and has since the relevant date for the round been, registered for GST; and\non the relevant date for the round, the business had—\nthe relevant number of full-time employees for the round; or\nif the business had employees other than full-time employees—the relevant number of equivalent full-time employees for the round; and\nfor round 1—either—\nthe annual turnover of the business for the 2018–2019 financial year or the 2019–2020 financial year was more than $75,000; or\nboth of the following apply—\nthe business has been operating for a period of less than 1 financial year;\naccording to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and\nA business has been operating for 250 days. The turnover of the business, according to its financial records, for the 250-day period must be more than $51,369.86.\nfor round 2—either—\nthe annual turnover of the business for a relevant previous financial year was more than $75,000; or\nboth of the following apply—\nthe business has been operating for a period of less than 1 financial year;\naccording to its financial records, the turnover of the business for the 2021-2022 financial year can reasonably be expected to be more than $75,000; and\nneither an owner, nor a director or shareholder of an owner, of the business is an insolvent under administration.\nFor subsection (1) (f) (ii) , the number of equivalent full-time employees of a business is worked out using the formula—\nwhere—\nE means the number of equivalent full-time employees of the business.\nF means the number of full-time employees of the business.\nP means the total number of hours worked each week by employees other than full-time employees.\nIn this section—\nemployee , of a business—\nmeans an individual who is employed, or usually employed, by the business; and\nincludes the following persons—\nan owner of the business;\na person who performs work under a contract for services with the business, including, for example, a subcontractor.\nfull-time employee , of a business, means an employee of the business who ordinarily works for at least 35 hours each week for the business.\nrelevant date , for a round of the scheme, means—\nfor round 1—1 February 2020; or\nfor round 2—1 April 2021.\nrelevant number , of full-time employees or equivalent full-time employees for a round of the scheme, means—\nfor round 1—at least 1, but not more than 199; or\nfor round 2—at least 1.\nrelevant previous financial year means any of the following financial years—\n2018–2019;\n2019–2020;\n2020–2021.\nsch 18 s 5 prev sch 18 s 5 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 18 s 5 ins 2020 SL No. 188 s 4\namd 2021 SL No. 134 s 10 ; 2023 No. 23 s 247 sch 1 s 36\n(sch.18-sec.5-ssec.1) A business is an eligible business for a round of the scheme if— the business has, since the relevant date for the round, ordinarily provided tourism services using 1 or more eligible boats; and the business has its headquarters in Queensland; and the business has, after the relevant date for the round, suffered a loss of income because of the COVID-19 travel restrictions; and the owner of the business— holds an Australian Business Number for the business; and has continuously held the same Australian Business Number for the business since the relevant date for the round; and the business is, and has since the relevant date for the round been, registered for GST; and on the relevant date for the round, the business had— the relevant number of full-time employees for the round; or if the business had employees other than full-time employees—the relevant number of equivalent full-time employees for the round; and for round 1—either— the annual turnover of the business for the 2018–2019 financial year or the 2019–2020 financial year was more than $75,000; or both of the following apply— the business has been operating for a period of less than 1 financial year; according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and A business has been operating for 250 days. The turnover of the business, according to its financial records, for the 250-day period must be more than $51,369.86. for round 2—either— the annual turnover of the business for a relevant previous financial year was more than $75,000; or both of the following apply— the business has been operating for a period of less than 1 financial year; according to its financial records, the turnover of the business for the 2021-2022 financial year can reasonably be expected to be more than $75,000; and neither an owner, nor a director or shareholder of an owner, of the business is an insolvent under administration.\n(sch.18-sec.5-ssec.2) For subsection (1) (f) (ii) , 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.\n(sch.18-sec.5-ssec.3) In this section— employee , of a business— means an individual who is employed, or usually employed, by the business; and includes the following persons— an owner of the business; a person who performs work under a contract for services with the business, including, for example, a subcontractor. full-time employee , of a business, means an employee of the business who ordinarily works for at least 35 hours each week for the business. relevant date , for a round of the scheme, means— for round 1—1 February 2020; or for round 2—1 April 2021. relevant number , of full-time employees or equivalent full-time employees for a round of the scheme, means— for round 1—at least 1, but not more than 199; or for round 2—at least 1. relevant previous financial year means any of the following financial years— 2018–2019; 2019–2020; 2020–2021.\n- (a) the business has, since the relevant date for the round, ordinarily provided tourism services using 1 or more eligible boats; and\n- (b) the business has its headquarters in Queensland; and\n- (c) the business has, after the relevant date for the round, suffered a loss of income because of the COVID-19 travel restrictions; and\n- (d) the owner of the business— (i) holds an Australian Business Number for the business; and (ii) has continuously held the same Australian Business Number for the business since the relevant date for the round; and\n- (i) holds an Australian Business Number for the business; and\n- (ii) has continuously held the same Australian Business Number for the business since the relevant date for the round; and\n- (e) the business is, and has since the relevant date for the round been, registered for GST; and\n- (f) on the relevant date for the round, the business had— (i) the relevant number of full-time employees for the round; or (ii) if the business had employees other than full-time employees—the relevant number of equivalent full-time employees for the round; and\n- (i) the relevant number of full-time employees for the round; or\n- (ii) if the business had employees other than full-time employees—the relevant number of equivalent full-time employees for the round; and\n- (g) for round 1—either— (i) the annual turnover of the business for the 2018–2019 financial year or the 2019–2020 financial year was more than $75,000; or (ii) both of the following apply— (A) the business has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 250 days. The turnover of the business, according to its financial records, for the 250-day period must be more than $51,369.86.\n- (i) the annual turnover of the business for the 2018–2019 financial year or the 2019–2020 financial year was more than $75,000; or\n- (ii) both of the following apply— (A) the business has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 250 days. The turnover of the business, according to its financial records, for the 250-day period must be more than $51,369.86.\n- (A) the business has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 250 days. The turnover of the business, according to its financial records, for the 250-day period must be more than $51,369.86.\n- (h) for round 2—either— (i) the annual turnover of the business for a relevant previous financial year was more than $75,000; or (ii) both of the following apply— (A) the business has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the business for the 2021-2022 financial year can reasonably be expected to be more than $75,000; and\n- (i) the annual turnover of the business for a relevant previous financial year was more than $75,000; or\n- (ii) both of the following apply— (A) the business has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the business for the 2021-2022 financial year can reasonably be expected to be more than $75,000; and\n- (A) the business has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the business for the 2021-2022 financial year can reasonably be expected to be more than $75,000; and\n- (i) neither an owner, nor a director or shareholder of an owner, of the business is an insolvent under administration.\n- (i) holds an Australian Business Number for the business; and\n- (ii) has continuously held the same Australian Business Number for the business since the relevant date for the round; and\n- (i) the relevant number of full-time employees for the round; or\n- (ii) if the business had employees other than full-time employees—the relevant number of equivalent full-time employees for the round; and\n- (i) the annual turnover of the business for the 2018–2019 financial year or the 2019–2020 financial year was more than $75,000; or\n- (ii) both of the following apply— (A) the business has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 250 days. The turnover of the business, according to its financial records, for the 250-day period must be more than $51,369.86.\n- (A) the business has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 250 days. The turnover of the business, according to its financial records, for the 250-day period must be more than $51,369.86.\n- (A) the business has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 250 days. The turnover of the business, according to its financial records, for the 250-day period must be more than $51,369.86.\n- (i) the annual turnover of the business for a relevant previous financial year was more than $75,000; or\n- (ii) both of the following apply— (A) the business has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the business for the 2021-2022 financial year can reasonably be expected to be more than $75,000; and\n- (A) the business has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the business for the 2021-2022 financial year can reasonably be expected to be more than $75,000; and\n- (A) the business has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the business for the 2021-2022 financial year can reasonably be expected to be more than $75,000; and\n- (a) means an individual who is employed, or usually employed, by the business; and\n- (b) includes the following persons— (i) an owner of the business; (ii) a person who performs work under a contract for services with the business, including, for example, a subcontractor.\n- (i) an owner of the business;\n- (ii) a person who performs work under a contract for services with the business, including, for example, a subcontractor.\n- (i) an owner of the business;\n- (ii) a person who performs work under a contract for services with the business, including, for example, a subcontractor.\n- (a) for round 1—1 February 2020; or\n- (b) for round 2—1 April 2021.\n- (a) for round 1—at least 1, but not more than 199; or\n- (b) for round 2—at least 1.\n- (a) 2018–2019;\n- (b) 2019–2020;\n- (c) 2020–2021.","sortOrder":259},{"sectionNumber":"sch.18-sec.6","sectionType":"section","heading":"Meaning of eligible local government area","content":"### sch.18-sec.6 Meaning of eligible local government area\n\nThe following local government areas are eligible local government areas —\nthe Bundaberg local government area;\nthe Burdekin local government area;\nthe Cairns local government area;\nthe Cassowary Coast local government area;\nthe Cook local government area;\nthe Douglas local government area;\nthe Fraser Coast local government area;\nthe Gladstone local government area;\nthe Hinchinbrook local government area;\nthe Isaac local government area;\nthe Livingstone local government area;\nthe Mackay local government area;\nthe Townsville local government area;\nthe Whitsunday local government area;\nif the tourism chief executive makes an eligible local government area notice—another local government area stated in the notice.\nThe tourism chief executive may make a notice (an eligible local government area notice ) stating 1 or more local government areas are eligible local government areas.\nAs soon as practicable after an eligible local government area notice is made, the tourism chief executive must publish the notice on the tourism department’s website.\nIn this section—\ntourism chief executive means the chief executive of the tourism department.\ntourism department means the department in which the Tourism and Events Queensland Act 2012 is administered.\nsch 18 s 6 prev sch 18 s 6 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 18 s 6 ins 2020 SL No. 188 s 4\namd 2021 SL No. 134 s 11\n(sch.18-sec.6-ssec.1) The following local government areas are eligible local government areas — the Bundaberg local government area; the Burdekin local government area; the Cairns local government area; the Cassowary Coast local government area; the Cook local government area; the Douglas local government area; the Fraser Coast local government area; the Gladstone local government area; the Hinchinbrook local government area; the Isaac local government area; the Livingstone local government area; the Mackay local government area; the Townsville local government area; the Whitsunday local government area; if the tourism chief executive makes an eligible local government area notice—another local government area stated in the notice.\n(sch.18-sec.6-ssec.2) The tourism chief executive may make a notice (an eligible local government area notice ) stating 1 or more local government areas are eligible local government areas.\n(sch.18-sec.6-ssec.3) As soon as practicable after an eligible local government area notice is made, the tourism chief executive must publish the notice on the tourism department’s website.\n(sch.18-sec.6-ssec.4) In this section— tourism chief executive means the chief executive of the tourism department. tourism department means the department in which the Tourism and Events Queensland Act 2012 is administered.\n- (a) the Bundaberg local government area;\n- (b) the Burdekin local government area;\n- (c) the Cairns local government area;\n- (d) the Cassowary Coast local government area;\n- (e) the Cook local government area;\n- (f) the Douglas local government area;\n- (g) the Fraser Coast local government area;\n- (h) the Gladstone local government area;\n- (i) the Hinchinbrook local government area;\n- (j) the Isaac local government area;\n- (k) the Livingstone local government area;\n- (l) the Mackay local government area;\n- (m) the Townsville local government area;\n- (n) the Whitsunday local government area;\n- (o) if the tourism chief executive makes an eligible local government area notice—another local government area stated in the notice.","sortOrder":260},{"sectionNumber":"sch.18-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":261},{"sectionNumber":"sch.18-sec.6A","sectionType":"section","heading":"Scheme to operate in rounds","content":"### sch.18-sec.6A Scheme to operate in rounds\n\nThe scheme will operate in rounds.\nApplications for assistance under a round of the scheme may be made while the round is open.\nRound 1 of the scheme—\nopened on 4 September 2020; and\ncloses on the earlier of the following times—\n30 August 2021 at midday;\nthe time at which the authority’s assistance funds for the round become insufficient to pay further assistance under the scheme.\nRound 2 of the scheme—\nopens on 30 August 2021 at midday; and\ncloses on the earlier of the following times—\nmidnight on 30 June 2022;\nthe time at which the authority’s assistance funds for the round become insufficient to pay further assistance under the scheme.\nsch 18 s 6A ins 2021 SL No. 134 s 12\n(sch.18-sec.6A-ssec.1) The scheme will operate in rounds.\n(sch.18-sec.6A-ssec.2) Applications for assistance under a round of the scheme may be made while the round is open.\n(sch.18-sec.6A-ssec.3) Round 1 of the scheme— opened on 4 September 2020; and closes on the earlier of the following times— 30 August 2021 at midday; the time at which the authority’s assistance funds for the round become insufficient to pay further assistance under the scheme.\n(sch.18-sec.6A-ssec.4) Round 2 of the scheme— opens on 30 August 2021 at midday; and closes on the earlier of the following times— midnight on 30 June 2022; the time at which the authority’s assistance funds for the round become insufficient to pay further assistance under the scheme.\n- (a) opened on 4 September 2020; and\n- (b) closes on the earlier of the following times— (i) 30 August 2021 at midday; (ii) the time at which the authority’s assistance funds for the round become insufficient to pay further assistance under the scheme.\n- (i) 30 August 2021 at midday;\n- (ii) the time at which the authority’s assistance funds for the round become insufficient to pay further assistance under the scheme.\n- (i) 30 August 2021 at midday;\n- (ii) the time at which the authority’s assistance funds for the round become insufficient to pay further assistance under the scheme.\n- (a) opens on 30 August 2021 at midday; and\n- (b) closes on the earlier of the following times— (i) midnight on 30 June 2022; (ii) the time at which the authority’s assistance funds for the round become insufficient to pay further assistance under the scheme.\n- (i) midnight on 30 June 2022;\n- (ii) the time at which the authority’s assistance funds for the round become insufficient to pay further assistance under the scheme.\n- (i) midnight on 30 June 2022;\n- (ii) the time at which the authority’s assistance funds for the round become insufficient to pay further assistance under the scheme.","sortOrder":262},{"sectionNumber":"sch.18-sec.7","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.18-sec.7 Nature and amount of assistance\n\nThe nature of assistance available under a round of the scheme is either—\nif the applicant has paid a tax invoice for eligible berthing expenses for the round—a rebate for the eligible berthing expenses; or\nif the applicant has received, but has not paid, a tax invoice for eligible berthing expenses for the round—payment of the amount of the eligible berthing expenses to the entity that issued the invoice to the applicant for the eligible berthing expenses.\nThe maximum amount of assistance payable to an applicant for a round of the scheme is $20,000.\nsch 18 s 7 prev sch 18 s 7 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 18 s 7 ins 2020 SL No. 188 s 4\namd 2021 SL No. 134 s 13\n(sch.18-sec.7-ssec.1) The nature of assistance available under a round of the scheme is either— if the applicant has paid a tax invoice for eligible berthing expenses for the round—a rebate for the eligible berthing expenses; or if the applicant has received, but has not paid, a tax invoice for eligible berthing expenses for the round—payment of the amount of the eligible berthing expenses to the entity that issued the invoice to the applicant for the eligible berthing expenses.\n(sch.18-sec.7-ssec.2) The maximum amount of assistance payable to an applicant for a round of the scheme is $20,000.\n- (a) if the applicant has paid a tax invoice for eligible berthing expenses for the round—a rebate for the eligible berthing expenses; or\n- (b) if the applicant has received, but has not paid, a tax invoice for eligible berthing expenses for the round—payment of the amount of the eligible berthing expenses to the entity that issued the invoice to the applicant for the eligible berthing expenses.","sortOrder":263},{"sectionNumber":"sch.18-sec.8","sectionType":"section","heading":"Eligibility criteria","content":"### sch.18-sec.8 Eligibility criteria\n\nAn applicant is eligible for assistance under a round of the scheme if the applicant—\nis the owner of an eligible business for the round; and\nhas received a tax invoice for eligible berthing expenses for the round, whether or not the applicant has paid the invoice; and\nhas not previously received, or been approved to receive, assistance under the round.\nAn applicant is not ineligible for assistance under round 2 of the scheme merely because the applicant has received, or has been approved to receive, assistance under round 1 of the scheme.\nsch 18 s 8 prev sch 18 s 8 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 18 s 8 ins 2020 SL No. 188 s 4\nsub 2021 SL No. 134 s 14\n(sch.18-sec.8-ssec.1) An applicant is eligible for assistance under a round of the scheme if the applicant— is the owner of an eligible business for the round; and has received a tax invoice for eligible berthing expenses for the round, whether or not the applicant has paid the invoice; and has not previously received, or been approved to receive, assistance under the round.\n(sch.18-sec.8-ssec.2) An applicant is not ineligible for assistance under round 2 of the scheme merely because the applicant has received, or has been approved to receive, assistance under round 1 of the scheme.\n- (a) is the owner of an eligible business for the round; and\n- (b) has received a tax invoice for eligible berthing expenses for the round, whether or not the applicant has paid the invoice; and\n- (c) has not previously received, or been approved to receive, assistance under the round.","sortOrder":264},{"sectionNumber":"sch.18-sec.9","sectionType":"section","heading":"Applications","content":"### sch.18-sec.9 Applications\n\nAn application for assistance under a round of the scheme must—\nbe made by the applicant while the round is open and be on the form approved by the authority; and\nstate the applicant’s Australian Business Number; and\nbe accompanied by the following documents—\ntax invoices, or copies of tax invoices, for eligible berthing expenses for which the applicant is claiming assistance under the round of the scheme;\nif the applicant has paid the eligible berthing expenses—official receipts, or copies of official receipts, for the eligible berthing expenses;\nproof, to the satisfaction of the authority, that the eligible boat, to which the eligible berthing expenses relate, is ordinarily used for tourism services; and\na permission issued under the Marine Parks Act 2004 that applies in relation to the eligible boat\na permission granted under the Great Barrier Reef Marine Park Act 1975 (Cwlth) that applies in relation to the eligible boat\nbe accompanied by any other documents mentioned in the form.\nThe applicant must give the authority any further documents or information the authority reasonably requires to decide the application.\nif the applicant is claiming assistance for eligible berthing expenses paid by the applicant after the application is made—official receipts, or copies of official receipts, for the eligible berthing expenses\nsch 18 s 9 prev sch 18 s 9 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 18 s 9 ins 2020 SL No. 188 s 4\namd 2021 SL No. 134 s 15\n(sch.18-sec.9-ssec.1) An application for assistance under a round of the scheme must— be made by the applicant while the round is open and be on the form approved by the authority; and state the applicant’s Australian Business Number; and be accompanied by the following documents— tax invoices, or copies of tax invoices, for eligible berthing expenses for which the applicant is claiming assistance under the round of the scheme; if the applicant has paid the eligible berthing expenses—official receipts, or copies of official receipts, for the eligible berthing expenses; proof, to the satisfaction of the authority, that the eligible boat, to which the eligible berthing expenses relate, is ordinarily used for tourism services; and a permission issued under the Marine Parks Act 2004 that applies in relation to the eligible boat a permission granted under the Great Barrier Reef Marine Park Act 1975 (Cwlth) that applies in relation to the eligible boat be accompanied by any other documents mentioned in the form.\n(sch.18-sec.9-ssec.2) The applicant must give the authority any further documents or information the authority reasonably requires to decide the application. if the applicant is claiming assistance for eligible berthing expenses paid by the applicant after the application is made—official receipts, or copies of official receipts, for the eligible berthing expenses\n- (a) be made by the applicant while the round is open and be on the form approved by the authority; and\n- (b) state the applicant’s Australian Business Number; and\n- (c) be accompanied by the following documents— (i) tax invoices, or copies of tax invoices, for eligible berthing expenses for which the applicant is claiming assistance under the round of the scheme; (ii) if the applicant has paid the eligible berthing expenses—official receipts, or copies of official receipts, for the eligible berthing expenses; (iii) proof, to the satisfaction of the authority, that the eligible boat, to which the eligible berthing expenses relate, is ordinarily used for tourism services; and Examples of documents for subparagraph (iii) — • a permission issued under the Marine Parks Act 2004 that applies in relation to the eligible boat • a permission granted under the Great Barrier Reef Marine Park Act 1975 (Cwlth) that applies in relation to the eligible boat\n- (i) tax invoices, or copies of tax invoices, for eligible berthing expenses for which the applicant is claiming assistance under the round of the scheme;\n- (ii) if the applicant has paid the eligible berthing expenses—official receipts, or copies of official receipts, for the eligible berthing expenses;\n- (iii) proof, to the satisfaction of the authority, that the eligible boat, to which the eligible berthing expenses relate, is ordinarily used for tourism services; and Examples of documents for subparagraph (iii) — • a permission issued under the Marine Parks Act 2004 that applies in relation to the eligible boat • a permission granted under the Great Barrier Reef Marine Park Act 1975 (Cwlth) that applies in relation to the eligible boat\n- • a permission issued under the Marine Parks Act 2004 that applies in relation to the eligible boat\n- • a permission granted under the Great Barrier Reef Marine Park Act 1975 (Cwlth) that applies in relation to the eligible boat\n- (d) be accompanied by any other documents mentioned in the form.\n- (i) tax invoices, or copies of tax invoices, for eligible berthing expenses for which the applicant is claiming assistance under the round of the scheme;\n- (ii) if the applicant has paid the eligible berthing expenses—official receipts, or copies of official receipts, for the eligible berthing expenses;\n- (iii) proof, to the satisfaction of the authority, that the eligible boat, to which the eligible berthing expenses relate, is ordinarily used for tourism services; and Examples of documents for subparagraph (iii) — • a permission issued under the Marine Parks Act 2004 that applies in relation to the eligible boat • a permission granted under the Great Barrier Reef Marine Park Act 1975 (Cwlth) that applies in relation to the eligible boat\n- • a permission issued under the Marine Parks Act 2004 that applies in relation to the eligible boat\n- • a permission granted under the Great Barrier Reef Marine Park Act 1975 (Cwlth) that applies in relation to the eligible boat\n- • a permission issued under the Marine Parks Act 2004 that applies in relation to the eligible boat\n- • a permission granted under the Great Barrier Reef Marine Park Act 1975 (Cwlth) that applies in relation to the eligible boat","sortOrder":265},{"sectionNumber":"sch.18-sec.10","sectionType":"section","heading":"Deciding applications","content":"### sch.18-sec.10 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under a round of the scheme that complies with section 9 (1) .\nThe authority must consider applications in the order they are received by the authority.\nThe authority must approve an application if the authority is satisfied—\nthe applicant is eligible for assistance under section 8 ; and\nthe assistance claimed by the applicant represents reasonable value for money.\nThe authority must refuse an application for assistance under a round of the scheme if the authority’s assistance funds for the round are not sufficient to pay further assistance under the scheme.\nIf the authority refuses to approve the application, the authority must give the applicant written notice of the decision.\nsch 18 s 10 prev sch 18 s 10 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 18 s 10 ins 2020 SL No. 188 s 4\namd 2021 SL No. 134 s 16\n(sch.18-sec.10-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under a round of the scheme that complies with section 9 (1) .\n(sch.18-sec.10-ssec.2) The authority must consider applications in the order they are received by the authority.\n(sch.18-sec.10-ssec.3) The authority must approve an application if the authority is satisfied— the applicant is eligible for assistance under section 8 ; and the assistance claimed by the applicant represents reasonable value for money.\n(sch.18-sec.10-ssec.4) The authority must refuse an application for assistance under a round of the scheme if the authority’s assistance funds for the round are not sufficient to pay further assistance under the scheme.\n(sch.18-sec.10-ssec.5) If the authority refuses to approve the application, the authority must give the applicant written notice of the decision.\n- (a) the applicant is eligible for assistance under section 8 ; and\n- (b) the assistance claimed by the applicant represents reasonable value for money.","sortOrder":266},{"sectionNumber":"sch.18-sec.10A","sectionType":"section","heading":"Payment of assistance","content":"### sch.18-sec.10A Payment of assistance\n\nThis section applies if the authority decides to approve an application for assistance under the scheme.\nThe authority may pay the amount of the assistance approved in a way, and to an entity, the authority considers appropriate.\nIf the applicant has paid the eligible berthing expenses for which the assistance is claimed, the authority may pay the assistance to the applicant.\nIf the applicant has not yet paid eligible berthing expenses for which the assistance is claimed, the authority may pay the assistance to the entity that issued the invoice to the applicant for the eligible berthing expenses.\nSubsections (4) and (5) apply if the authority pays the amount of the assistance to an entity other than the applicant.\nThe authority must, as soon as practicable after making the payment, give the applicant written notice stating—\nthe authority has approved the application; and\nthe amount that has been paid to the entity.\nThe payment discharges the applicant from liability to the entity for the eligible berthing expenses for which the assistance is claimed, but only to the extent of the amount of the payment.\nsch 18 s 10A ins 2021 SL No. 134 s 17\n(sch.18-sec.10A-ssec.1) This section applies if the authority decides to approve an application for assistance under the scheme.\n(sch.18-sec.10A-ssec.2) The authority may pay the amount of the assistance approved in a way, and to an entity, the authority considers appropriate. If the applicant has paid the eligible berthing expenses for which the assistance is claimed, the authority may pay the assistance to the applicant. If the applicant has not yet paid eligible berthing expenses for which the assistance is claimed, the authority may pay the assistance to the entity that issued the invoice to the applicant for the eligible berthing expenses.\n(sch.18-sec.10A-ssec.3) Subsections (4) and (5) apply if the authority pays the amount of the assistance to an entity other than the applicant.\n(sch.18-sec.10A-ssec.4) The authority must, as soon as practicable after making the payment, give the applicant written notice stating— the authority has approved the application; and the amount that has been paid to the entity.\n(sch.18-sec.10A-ssec.5) The payment discharges the applicant from liability to the entity for the eligible berthing expenses for which the assistance is claimed, but only to the extent of the amount of the payment.\n- 1 If the applicant has paid the eligible berthing expenses for which the assistance is claimed, the authority may pay the assistance to the applicant.\n- 2 If the applicant has not yet paid eligible berthing expenses for which the assistance is claimed, the authority may pay the assistance to the entity that issued the invoice to the applicant for the eligible berthing expenses.\n- (a) the authority has approved the application; and\n- (b) the amount that has been paid to the entity.","sortOrder":267},{"sectionNumber":"sch.18-sec.11","sectionType":"section","heading":"Conditions","content":"### sch.18-sec.11 Conditions\n\nThe payment of assistance under the scheme is subject to the conditions stated in subsection (2) .\nThe applicant must—\nkeep, for 4 years after the application is approved, tax invoices and official receipts for the eligible berthing expenses for which the applicant claimed assistance under the scheme; and\nconsent to the authority conducting an audit of the documents kept under paragraph (a) to allow the authority to verify the applicant’s entitlement to the assistance given under the scheme.\nThe applicant may comply with subsection (2) (a) by keeping a copy of a tax invoice or official receipt.\nsch 18 s 11 prev sch 18 s 11 ins 2012 SL No. 44 s 4\nom 2014 SL No. 51 s 6\npres sch 18 s 11 ins 2020 SL No. 188 s 4\n(sch.18-sec.11-ssec.1) The payment of assistance under the scheme is subject to the conditions stated in subsection (2) .\n(sch.18-sec.11-ssec.2) The applicant must— keep, for 4 years after the application is approved, tax invoices and official receipts for the eligible berthing expenses for which the applicant claimed assistance under the scheme; and consent to the authority conducting an audit of the documents kept under paragraph (a) to allow the authority to verify the applicant’s entitlement to the assistance given under the scheme.\n(sch.18-sec.11-ssec.3) The applicant may comply with subsection (2) (a) by keeping a copy of a tax invoice or official receipt.\n- (a) keep, for 4 years after the application is approved, tax invoices and official receipts for the eligible berthing expenses for which the applicant claimed assistance under the scheme; and\n- (b) consent to the authority conducting an audit of the documents kept under paragraph (a) to allow the authority to verify the applicant’s entitlement to the assistance given under the scheme.","sortOrder":268},{"sectionNumber":"sch.21-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":269},{"sectionNumber":"sch.21-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.21-sec.1 Objective of scheme\n\nThe objective of the scheme is to provide assistance to eligible entities that have suffered direct damage caused by an eligible disaster.\nsch 21 s 1 ins 2012 SL No. 176 s 6\namd 2013 SL No. 19 s 6","sortOrder":270},{"sectionNumber":"sch.21-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.21-sec.2 Purpose of assistance\n\nThe purpose of the assistance under the scheme is to help an eligible entity pay for costs arising out of direct damage caused by an eligible disaster.\nHowever, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered as a result of an eligible disaster.\nsch 21 s 2 ins 2012 SL No. 176 s 6\namd 2013 SL No. 19 s 6\n(sch.21-sec.2-ssec.1) The purpose of the assistance under the scheme is to help an eligible entity pay for costs arising out of direct damage caused by an eligible disaster.\n(sch.21-sec.2-ssec.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.","sortOrder":271},{"sectionNumber":"sch.21-sec.3","sectionType":"section","heading":"Definitions for sch 21","content":"### sch.21-sec.3 Definitions for sch 21\n\nIn this schedule—\napplicant means a person applying for financial assistance under the scheme.\nappropriate Minister means the Minister responsible for administering the Queensland Reconstruction Authority Act 2011 .\nsch 21 s 3 def appropriate Minister amd 2025 SL No. 120 s 10\ndefined disaster area , for an eligible disaster, means an area—\ndefined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and\ndescribed in a document held by the authority and available for inspection by members of the public.\nDefined disaster areas are published on the authority’s website.\nsch 21 s 3 def defined disaster area amd 2013 SL No. 19 s 6 ; 2018 SL No. 172 s 25 (3)\ndevelopment see the Planning Act 2016 , schedule 2 .\nsch 21 s 3 def development sub 2017 SL No. 103 s 115\ndisaster 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.\nThe disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.\nsch 21 s 3 def disaster recovery funding arrangements ins 2018 SL No. 172 s 25 (2)\neligible entity means a non-profit organisation eligible for assistance under the scheme.\neligible disaster means—\na natural disaster; or\na terrorist act.\nsch 21 s 3 def eligible disaster (prev def eligible natural disaster ) amd 2013 SL No. 19 s 6\nsub 2018 SL No. 172 s 25 (1) – (2)\nnatural disaster see section 4 .\nsch 21 s 3 def natural disaster ins 2018 SL No. 172 s 25 (2)\nnatural disaster relief and recovery arrangements ...\nsch 21 s 3 def natural disaster relief and recovery arrangements om 2018 SL No. 172 s 25 (1)\nnon-profit organisation means a charity or other not-for-profit entity that is—\nincorporated under a law of the Commonwealth or a State; and\neither—\nregistered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or\nregistered or otherwise authorised to raise funds under a law of another State.\nsch 21 s 3 def non-profit organisation sub 2018 SL No. 172 s 25 (1) – (2)\nofficial receipt means a receipt including—\nthe name and address of the entity that issued the receipt; and\nif the entity has an Australian Business Number—the Australian Business Number; and\na description of each item to which the receipt relates.\nscheme means the scheme set out in this schedule.\nterrorist act see the Police Powers and Responsibilities Act 2000 , section 211 .\nsch 21 s 3 def terrorist act ins 2018 SL No. 172 s 25 (2)\nsch 21 s 3 ins 2012 SL No. 176 s 6\n- (a) defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and\n- (b) described in a document held by the authority and available for inspection by members of the public.\n- (a) a natural disaster; or\n- (b) a terrorist act.\n- (a) incorporated under a law of the Commonwealth or a State; and\n- (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.\n- (i) registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or\n- (ii) registered or otherwise authorised to raise funds under a law of another State.\n- (i) registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or\n- (ii) registered or otherwise authorised to raise funds under a law of another State.\n- (a) the name and address of the entity that issued the receipt; and\n- (b) if the entity has an Australian Business Number—the Australian Business Number; and\n- (c) a description of each item to which the receipt relates.","sortOrder":272},{"sectionNumber":"sch.21-sec.4","sectionType":"section","heading":"Meaning of natural disaster","content":"### sch.21-sec.4 Meaning of natural disaster\n\nA natural disaster means any of the following events—\na bushfire;\na cyclone;\nan earthquake;\na flood;\na landslide;\na meteorite strike;\na storm, including any of, or any combination of, the following—\nhail;\nrain;\nwind;\na storm surge;\na tornado;\na tsunami.\nHowever, 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.\na deliberate act\nan accident\ndevelopment\nsch 21 s 4 ins 2012 SL No. 176 s 6\namd 2013 SL No. 19 ss 6, 9; 2018 SL No. 172 s 26\n(sch.21-sec.4-ssec.1) A natural disaster means any of the following events— a bushfire; a cyclone; an earthquake; a flood; a landslide; a meteorite strike; a storm, including any of, or any combination of, the following— hail; rain; wind; a storm surge; a tornado; a tsunami.\n(sch.21-sec.4-ssec.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. a deliberate act an accident development\n- (a) a bushfire;\n- (b) a cyclone;\n- (c) an earthquake;\n- (d) a flood;\n- (e) a landslide;\n- (f) a meteorite strike;\n- (g) a storm, including any of, or any combination of, the following— (i) hail; (ii) rain; (iii) wind;\n- (i) hail;\n- (ii) rain;\n- (iii) wind;\n- (h) a storm surge;\n- (i) a tornado;\n- (j) a tsunami.\n- (i) hail;\n- (ii) rain;\n- (iii) wind;\n- • a deliberate act\n- • an accident\n- • development","sortOrder":273},{"sectionNumber":"sch.21-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":274},{"sectionNumber":"sch.21-sec.5","sectionType":"section","heading":"Nature of assistance","content":"### sch.21-sec.5 Nature of assistance\n\nThe nature of the assistance under the scheme is the provision of a concessional loan for re-establishing the normal operation of an eligible entity, including doing any of the following—\nrepairing or replacing damaged plant and equipment;\nrepairing or restoring essential premises, including grounds, amenities and infrastructure;\nsupplying stock for up to 1 month to replace lost stock and maintain liquidity of the eligible entity.\nsch 21 s 5 ins 2012 SL No. 176 s 6\namd 2018 SL No. 172 s 27\n- (a) repairing or replacing damaged plant and equipment;\n- (b) repairing or restoring essential premises, including grounds, amenities and infrastructure;\n- (c) supplying stock for up to 1 month to replace lost stock and maintain liquidity of the eligible entity.","sortOrder":275},{"sectionNumber":"sch.21-sec.6","sectionType":"section","heading":"Maximum loan amount","content":"### sch.21-sec.6 Maximum loan amount\n\nThe amount of loan assistance for an applicant under the scheme for an eligible disaster—\nis based on the authority’s assessment of the applicant’s financial position, including any amount recovered by the applicant under an insurance policy; and\nmust not be more than the amount of the net loss to the applicant caused by the eligible disaster.\nHowever, the amount of a loan to an applicant under the scheme for an eligible disaster must not be more than $100,000.\nsch 21 s 6 ins 2012 SL No. 176 s 6\namd 2013 SL No. 19 s 6 ; 2014 SL No. 169 s 6\nsub 2018 SL No. 172 s 28\n(sch.21-sec.6-ssec.1) The amount of loan assistance for an applicant under the scheme for an eligible disaster— 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 must not be more than the amount of the net loss to the applicant caused by the eligible disaster.\n(sch.21-sec.6-ssec.2) However, the amount of a loan to an applicant under the scheme for an eligible disaster must not be more than $100,000.\n- (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\n- (b) must not be more than the amount of the net loss to the applicant caused by the eligible disaster.","sortOrder":276},{"sectionNumber":"sch.21-sec.7","sectionType":"section","heading":"Eligibility criteria","content":"### sch.21-sec.7 Eligibility criteria\n\nAn applicant is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied—\nthe applicant is a non-profit organisation; and\nimmediately before the eligible disaster, the applicant carried on operations as a non-profit organisation in the defined disaster area; and\nthe applicant has suffered direct damage to essential premises, plant, equipment or stock for carrying on its operations as a non-profit organisation as a result of the eligible disaster; and\nthe applicant has not taken excessive risks in carrying on operations as a non-profit organisation; and\nThe authority is satisfied the applicant’s capital expenditure for the non-profit organisation has not been excessive.\nthe applicant has taken reasonable precautions to avoid or minimise loss or damage from the eligible disaster; and\nThe authority is satisfied the applicant has adequate insurance against loss or damage from the eligible disaster.\nthe applicant is responsible for the cost of repairing or replacing the damaged assets; and\nthe applicant has used all liquid assets and normal credit sources up to normal credit limits; and\nthe applicant can not, from the applicant’s own resources and without assistance under the scheme—\nrepair or replace assets directly damaged as a result of the eligible disaster; or\nreturn to operations at a similar level as before the eligible disaster; and\nbefore applying for the assistance, the applicant has used any other available assistance from the Commonwealth or State or insurance to repair or replace damaged assets or to try to return the non-profit organisation to operations at a similar level as before the eligible disaster; and\nthe applicant demonstrates the ability to repay the loan applied for.\nsch 21 s 7 prev sch 21 s 7 ins 2012 SL No. 176 s 6\namd 2013 SL No. 19 s 6\nom 2014 SL No. 51 s 7\npres sch 21 s 7 ins 2018 SL No. 172 s 28\n(sch.21-sec.7-ssec) An applicant is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied— the applicant is a non-profit organisation; and immediately before the eligible disaster, the applicant carried on operations as a non-profit organisation in the defined disaster area; and the applicant has suffered direct damage to essential premises, plant, equipment or stock for carrying on its operations as a non-profit organisation as a result of the eligible disaster; and the applicant has not taken excessive risks in carrying on operations as a non-profit organisation; and The authority is satisfied the applicant’s capital expenditure for the non-profit organisation has not been excessive. the applicant has taken reasonable precautions to avoid or minimise loss or damage from the eligible disaster; and The authority is satisfied the applicant has adequate insurance against loss or damage from the eligible disaster. the applicant is responsible for the cost of repairing or replacing the damaged assets; and the applicant has used all liquid assets and normal credit sources up to normal credit limits; and the applicant can not, from the applicant’s own resources and without assistance under the scheme— repair or replace assets directly damaged as a result of the eligible disaster; or return to operations at a similar level as before the eligible disaster; and before applying for the assistance, the applicant has used any other available assistance from the Commonwealth or State or insurance to repair or replace damaged assets or to try to return the non-profit organisation to operations at a similar level as before the eligible disaster; and the applicant demonstrates the ability to repay the loan applied for.\n- (a) the applicant is a non-profit organisation; and\n- (b) immediately before the eligible disaster, the applicant carried on operations as a non-profit organisation in the defined disaster area; and\n- (c) the applicant has suffered direct damage to essential premises, plant, equipment or stock for carrying on its operations as a non-profit organisation as a result of the eligible disaster; and\n- (d) the applicant has not taken excessive risks in carrying on operations as a non-profit organisation; and Example for paragraph (d) — The authority is satisfied the applicant’s capital expenditure for the non-profit organisation has not been excessive.\n- (e) the applicant has taken reasonable precautions to avoid or minimise loss or damage from the eligible disaster; and Example for paragraph (e) — The authority is satisfied the applicant has adequate insurance against loss or damage from the eligible disaster.\n- (f) the applicant is responsible for the cost of repairing or replacing the damaged assets; and\n- (g) the applicant has used all liquid assets and normal credit sources up to normal credit limits; and\n- (h) the applicant can not, from the applicant’s own resources and without assistance under the scheme— (i) repair or replace assets directly damaged as a result of the eligible disaster; or (ii) return to operations at a similar level as before the eligible disaster; and\n- (i) repair or replace assets directly damaged as a result of the eligible disaster; or\n- (ii) return to operations at a similar level as before the eligible disaster; and\n- (i) before applying for the assistance, the applicant has used any other available assistance from the Commonwealth or State or insurance to repair or replace damaged assets or to try to return the non-profit organisation to operations at a similar level as before the eligible disaster; and\n- (j) the applicant demonstrates the ability to repay the loan applied for.\n- (i) repair or replace assets directly damaged as a result of the eligible disaster; or\n- (ii) return to operations at a similar level as before the eligible disaster; and","sortOrder":277},{"sectionNumber":"sch.21-sec.8","sectionType":"section","heading":null,"content":"### Section sch.21-sec.8\n\nsch 21 s 8 ins 2012 SL No. 176 s 6\namd 2013 SL No. 19 s 6\nom 2018 SL No. 172 s 28","sortOrder":278},{"sectionNumber":"sch.21-sec.9","sectionType":"section","heading":"Security","content":"### sch.21-sec.9 Security\n\nA loan under the scheme must be secured to the satisfaction of the authority.\nsch 21 s 9 ins 2012 SL No. 176 s 6","sortOrder":279},{"sectionNumber":"sch.21-sec.10","sectionType":"section","heading":"Terms of repayment","content":"### sch.21-sec.10 Terms of repayment\n\nThe term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\nThe amounts of the repayments of principal and interest under the loan are the amounts decided by the authority, subject to subsections (3) and (4) .\nThe authority may—\nreview an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and\nif the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.\nThe 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.\nsch 21 s 10 ins 2012 SL No. 176 s 6\nsub 2018 SL No. 172 s 29\n(sch.21-sec.10-ssec.1) The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\n(sch.21-sec.10-ssec.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) .\n(sch.21-sec.10-ssec.3) The authority may— review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.\n(sch.21-sec.10-ssec.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.\n- (a) review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and\n- (b) if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.","sortOrder":280},{"sectionNumber":"sch.21-sec.11","sectionType":"section","heading":"Conditions","content":"### sch.21-sec.11 Conditions\n\nPayment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3) .\nThe applicant must, if requested by the authority, provide evidence to the authority from time to time in the form of tax invoices, official receipts for payment, or bank statements, showing—\nfull details of the goods or services acquired; and\nthat all amounts claimed by the applicant under the scheme have been paid by the applicant.\nIf an applicant asks for the authority’s consent to substitute a security for an existing security for the loan and the authority consents to the substitution, the applicant must pay to the authority—\nthe authority’s reasonable fee for giving the consent; and\nany other reasonable costs of the authority in relation to the substitution.\nsch 21 s 11 ins 2012 SL No. 176 s 6\n(sch.21-sec.11-ssec.1) Payment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3) .\n(sch.21-sec.11-ssec.2) The applicant must, if requested by the authority, provide evidence to the authority from time to time in the form of tax invoices, official receipts for payment, or bank statements, showing— full details of the goods or services acquired; and that all amounts claimed by the applicant under the scheme have been paid by the applicant.\n(sch.21-sec.11-ssec.3) If an applicant asks for the authority’s consent to substitute a security for an existing security for the loan and the authority consents to the substitution, the applicant must pay to the authority— the authority’s reasonable fee for giving the consent; and any other reasonable costs of the authority in relation to the substitution.\n- (a) full details of the goods or services acquired; and\n- (b) that all amounts claimed by the applicant under the scheme have been paid by the applicant.\n- (a) the authority’s reasonable fee for giving the consent; and\n- (b) any other reasonable costs of the authority in relation to the substitution.","sortOrder":281},{"sectionNumber":"sch.21-sec.12","sectionType":"section","heading":"Applications","content":"### sch.21-sec.12 Applications\n\nAn application for assistance under the scheme must—\nbe made on the authority’s application form; and\nbe accompanied by the documentation stated on the application; and\nbe given to the authority.\nThe authority may request that an applicant provide further relevant information required to decide the application.\nsch 21 s 12 ins 2012 SL No. 176 s 6\n(sch.21-sec.12-ssec.1) An application for assistance under the scheme must— be made on the authority’s application form; and be accompanied by the documentation stated on the application; and be given to the authority.\n(sch.21-sec.12-ssec.2) The authority may request that an applicant provide further relevant information required to decide the application.\n- (a) be made on the authority’s application form; and\n- (b) be accompanied by the documentation stated on the application; and\n- (c) be given to the authority.","sortOrder":282},{"sectionNumber":"sch.21-sec.13","sectionType":"section","heading":"Deciding applications","content":"### sch.21-sec.13 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\nsch 21 s 13 ins 2012 SL No. 176 s 6","sortOrder":283},{"sectionNumber":"sch.22-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":284},{"sectionNumber":"sch.22-sec.1","sectionType":"section","heading":"Purpose of rebate scheme","content":"### sch.22-sec.1 Purpose of rebate scheme\n\nThe purpose of the rebate scheme is to give rebates to persons who have been supplied water by Seqwater or SunWater and who operate a horticultural enterprise.\nsch 22 s 1 prev sch 22 s 1 ins 2012 SL No. 195 s 4\nom 2014 SL No. 51 s 6\npres sch 22 s 1 ins 2021 SL No. 108 s 4","sortOrder":285},{"sectionNumber":"sch.22-sec.2","sectionType":"section","heading":"Definitions for schedule","content":"### sch.22-sec.2 Definitions for schedule\n\nIn this schedule—\nABS water application rate , for a crop, means the Queensland application rate in megalitres per hectare for the crop as set out in the document called ‘Water Use on Australian Farms’ for the reference period 2019–20 financial year published by the Australian Bureau of Statistics.\nWater Use on Australian Farms 2019–20 is available on the Australian Bureau of Statistics’ website.\naccess charge means the charge per customer for users of water from the Mareeba-Dimbulah Water Supply Scheme.\nANZSIC means the document called ‘Australian and New Zealand Standard Industrial Classification (ANZSIC) 2006 (Revision 2.0)’ published by the Australian Bureau of Statistics.\nANZSIC is available on the Australian Bureau of Statistics’ website.\napplicant means a person applying for financial assistance under the rebate scheme.\nbulk water supply scheme means a SunWater or Seqwater water supply scheme under which a part A price, part B price or access charge may apply to the supply of water under the scheme.\nBurdekin Haughton Water Supply Scheme means the scheme for the supply of water under the resource operations licence for the Burdekin Haughton Water Supply Scheme.\ncategory 1 applicant means an applicant who operates a horticultural enterprise.\ncategory 2A applicant means an applicant who—\noperates a horticultural enterprise; and\nproduces or has produced non-horticultural crops; and\ncan demonstrate to the authority—\nthe volume of water the subject of the eligible irrigation pricing bill that was used to irrigate horticultural crops; or\nthe volume of water used to irrigate horticultural crops in a quarter prior to the quarter for which the eligible irrigation pricing bill is issued.\ncategory 2B applicant means an applicant who—\noperates a horticultural enterprise; and\nproduces or has produced non-horticultural crops; and\ncan not demonstrate to the authority—\nthe volume of water the subject of the eligible irrigation pricing bill that was used to irrigate horticultural crops; or\nthe volume of water used to irrigate horticultural crops in a quarter prior to the quarter for which the eligible irrigation pricing bill is issued.\ndistribution scheme means a SunWater or Seqwater water supply scheme under which a part A price, part B price, part C price, part D price or access charge may apply to the supply of water under the scheme.\neligible irrigation pricing bill means an invoice—\nissued by Pioneer Valley Water Co-operative Limited, Seqwater or SunWater; and\nissued for 1 of the quarters in the 2021–2022 financial year, the 2022–2023 financial year or the 2023–2024 financial year; and\nunder which the calculation of some or all of the prices set out in the invoice have included the application of a 15% discount.\nhorticultural crops means crops produced by horticulture.\nhorticultural enterprise means a business that produces or has produced horticultural crops.\nhorticulture means an activity listed in ANZSIC under group 011, 012 or 013.\nMareeba-Dimbulah Water Supply Scheme means the scheme for the supply of water under the resource operations licence for the Mareeba-Dimbulah Water Supply Scheme.\nnon-horticultural crops means crops produced other than by horticulture.\npart A price means the price per megalitre based on the volume of water entitlements held by an applicant who is supplied by a bulk water supply scheme.\npart B price means the price per megalitre based on the volume of water entitlements used by an applicant who is supplied by a bulk water supply scheme.\npart C price means the price per megalitre based on the volume of water entitlements held by an applicant who is supplied by a distribution scheme.\npart D price means the price per megalitre—\nbased on the volume of water allocation used by the applicant for the supply of water by a distribution scheme; or\nbased on the volume of water sourced from water harvesting from the Burdekin Haughton Water Supply Scheme.\nPioneer Valley Water Co-operative Limited means Pioneer Valley Water Co-operative Limited ABN 55 322 373 770.\nrebate scheme means the scheme set out in this schedule.\nSeqwater means Queensland Bulk Water Supply Authority ABN 75 450 239 876 established under the South East Queensland Water (Restructuring) Act 2007 .\nSunWater means SunWater Limited ACN 131 034 985.\nwater allocation means a water allocation under the Water Act 2000 .\nsch 22 s 2 prev sch 22 s 2 ins 2012 SL No. 195 s 4\nom 2014 SL No. 51 s 6\npres sch 22 s 2 ins 2021 SL No. 108 s 4\n- (a) operates a horticultural enterprise; and\n- (b) produces or has produced non-horticultural crops; and\n- (c) can demonstrate to the authority— (i) the volume of water the subject of the eligible irrigation pricing bill that was used to irrigate horticultural crops; or (ii) the volume of water used to irrigate horticultural crops in a quarter prior to the quarter for which the eligible irrigation pricing bill is issued.\n- (i) the volume of water the subject of the eligible irrigation pricing bill that was used to irrigate horticultural crops; or\n- (ii) the volume of water used to irrigate horticultural crops in a quarter prior to the quarter for which the eligible irrigation pricing bill is issued.\n- (i) the volume of water the subject of the eligible irrigation pricing bill that was used to irrigate horticultural crops; or\n- (ii) the volume of water used to irrigate horticultural crops in a quarter prior to the quarter for which the eligible irrigation pricing bill is issued.\n- (a) operates a horticultural enterprise; and\n- (b) produces or has produced non-horticultural crops; and\n- (c) can not demonstrate to the authority— (i) the volume of water the subject of the eligible irrigation pricing bill that was used to irrigate horticultural crops; or (ii) the volume of water used to irrigate horticultural crops in a quarter prior to the quarter for which the eligible irrigation pricing bill is issued.\n- (i) the volume of water the subject of the eligible irrigation pricing bill that was used to irrigate horticultural crops; or\n- (ii) the volume of water used to irrigate horticultural crops in a quarter prior to the quarter for which the eligible irrigation pricing bill is issued.\n- (i) the volume of water the subject of the eligible irrigation pricing bill that was used to irrigate horticultural crops; or\n- (ii) the volume of water used to irrigate horticultural crops in a quarter prior to the quarter for which the eligible irrigation pricing bill is issued.\n- (a) issued by Pioneer Valley Water Co-operative Limited, Seqwater or SunWater; and\n- (b) issued for 1 of the quarters in the 2021–2022 financial year, the 2022–2023 financial year or the 2023–2024 financial year; and\n- (c) under which the calculation of some or all of the prices set out in the invoice have included the application of a 15% discount.\n- (a) based on the volume of water allocation used by the applicant for the supply of water by a distribution scheme; or\n- (b) based on the volume of water sourced from water harvesting from the Burdekin Haughton Water Supply Scheme.","sortOrder":286},{"sectionNumber":"sch.22-pt.2","sectionType":"part","heading":"General provisions for rebate scheme","content":"# General provisions for rebate scheme","sortOrder":287},{"sectionNumber":"sch.22-sec.3","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.22-sec.3 Nature and amount of assistance\n\nThe nature of the assistance available to an applicant under the rebate scheme is a rebate of 35% to offset the cost of water used to irrigate horticultural crops.\nThe amount of assistance payable to an applicant under the rebate scheme is calculated under part 3 .\nsch 22 s 3 prev sch 22 s 3 ins 2012 SL No. 195 s 4\nom 2014 SL No. 51 s 6\npres sch 22 s 3 ins 2021 SL No. 108 s 4\n(sch.22-sec.3-ssec.1) The nature of the assistance available to an applicant under the rebate scheme is a rebate of 35% to offset the cost of water used to irrigate horticultural crops.\n(sch.22-sec.3-ssec.2) The amount of assistance payable to an applicant under the rebate scheme is calculated under part 3 .","sortOrder":288},{"sectionNumber":"sch.22-sec.4","sectionType":"section","heading":"Eligibility criteria","content":"### sch.22-sec.4 Eligibility criteria\n\nAn applicant is eligible to receive assistance under the rebate scheme if—\nthe applicant makes an application in accordance with section 5 ; and\nthe authority is satisfied the applicant has paid an eligible irrigation pricing bill; and\nthe authority is satisfied that one of the following applies—\nsome or all of the water the subject of charges under the eligible irrigation pricing bill was used to irrigate horticultural crops;\nthe applicant has irrigated horticultural crops in a quarter prior to the quarter the subject of the eligible irrigation pricing bill, but did not irrigate horticultural crops with the water the subject of charges under the eligible irrigation pricing bill because Seqwater or SunWater made an announcement limiting the water that may be taken under water allocations;\nthe applicant has irrigated horticultural crops during the quarter to which the eligible irrigation pricing bill relates using water other than the water the subject of charges under the eligible irrigation pricing bill; and\nthe authority is satisfied that the applicant is a category 1 applicant, category 2A applicant or category 2B applicant.\nsch 22 s 4 prev sch 22 s 4 ins 2012 SL No. 195 s 4\nom 2014 SL No. 51 s 6\npres sch 22 s 4 ins 2021 SL No. 108 s 4\n- (a) the applicant makes an application in accordance with section 5 ; and\n- (b) the authority is satisfied the applicant has paid an eligible irrigation pricing bill; and\n- (c) the authority is satisfied that one of the following applies— (i) some or all of the water the subject of charges under the eligible irrigation pricing bill was used to irrigate horticultural crops; (ii) the applicant has irrigated horticultural crops in a quarter prior to the quarter the subject of the eligible irrigation pricing bill, but did not irrigate horticultural crops with the water the subject of charges under the eligible irrigation pricing bill because Seqwater or SunWater made an announcement limiting the water that may be taken under water allocations; (iii) the applicant has irrigated horticultural crops during the quarter to which the eligible irrigation pricing bill relates using water other than the water the subject of charges under the eligible irrigation pricing bill; and\n- (i) some or all of the water the subject of charges under the eligible irrigation pricing bill was used to irrigate horticultural crops;\n- (ii) the applicant has irrigated horticultural crops in a quarter prior to the quarter the subject of the eligible irrigation pricing bill, but did not irrigate horticultural crops with the water the subject of charges under the eligible irrigation pricing bill because Seqwater or SunWater made an announcement limiting the water that may be taken under water allocations;\n- (iii) the applicant has irrigated horticultural crops during the quarter to which the eligible irrigation pricing bill relates using water other than the water the subject of charges under the eligible irrigation pricing bill; and\n- (d) the authority is satisfied that the applicant is a category 1 applicant, category 2A applicant or category 2B applicant.\n- (i) some or all of the water the subject of charges under the eligible irrigation pricing bill was used to irrigate horticultural crops;\n- (ii) the applicant has irrigated horticultural crops in a quarter prior to the quarter the subject of the eligible irrigation pricing bill, but did not irrigate horticultural crops with the water the subject of charges under the eligible irrigation pricing bill because Seqwater or SunWater made an announcement limiting the water that may be taken under water allocations;\n- (iii) the applicant has irrigated horticultural crops during the quarter to which the eligible irrigation pricing bill relates using water other than the water the subject of charges under the eligible irrigation pricing bill; and","sortOrder":289},{"sectionNumber":"sch.22-sec.5","sectionType":"section","heading":"Requirements for applications","content":"### sch.22-sec.5 Requirements for applications\n\nAn application for assistance under the rebate scheme must—\nbe made to the authority using the application form approved by the authority; and\nbe accompanied by—\na document from a bank or financial institution showing the payment of the charges under the eligible irrigation pricing bill the subject of the application; and\nthe documents stated in the application form; and\nbe received by the authority no later than 31 December 2024.\nMore than 1 eligible irrigation pricing bill may be the subject of an application.\nIf the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\nIf the applicant does not comply with a request made by the authority under subsection (3) , the applicant’s application is taken to be withdrawn.\nsch 22 s 5 prev sch 22 s 5 ins 2012 SL No. 195 s 4\nom 2014 SL No. 51 s 6\npres sch 22 s 5 ins 2021 SL No. 108 s 4\n(sch.22-sec.5-ssec.1) An application for assistance under the rebate scheme must— be made to the authority using the application form approved by the authority; and be accompanied by— a document from a bank or financial institution showing the payment of the charges under the eligible irrigation pricing bill the subject of the application; and the documents stated in the application form; and be received by the authority no later than 31 December 2024.\n(sch.22-sec.5-ssec.2) More than 1 eligible irrigation pricing bill may be the subject of an application.\n(sch.22-sec.5-ssec.3) If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\n(sch.22-sec.5-ssec.4) If the applicant does not comply with a request made by the authority under subsection (3) , the applicant’s application is taken to be withdrawn.\n- (a) be made to the authority using the application form approved by the authority; and\n- (b) be accompanied by— (i) a document from a bank or financial institution showing the payment of the charges under the eligible irrigation pricing bill the subject of the application; and (ii) the documents stated in the application form; and\n- (i) a document from a bank or financial institution showing the payment of the charges under the eligible irrigation pricing bill the subject of the application; and\n- (ii) the documents stated in the application form; and\n- (c) be received by the authority no later than 31 December 2024.\n- (i) a document from a bank or financial institution showing the payment of the charges under the eligible irrigation pricing bill the subject of the application; and\n- (ii) the documents stated in the application form; and","sortOrder":290},{"sectionNumber":"sch.22-sec.6","sectionType":"section","heading":"Deciding applications","content":"### sch.22-sec.6 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the rebate scheme that complies with section 5 (1) .\nThe authority must approve an application if satisfied the applicant is eligible for assistance under section 4 .\nThe authority may seek the advice of persons with suitable qualifications and experience to help the authority in deciding an application.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\nsch 22 s 6 prev sch 22 s 6 ins 2012 SL No. 195 s 4\nom 2014 SL No. 51 s 6\npres sch 22 s 6 ins 2021 SL No. 108 s 4\n(sch.22-sec.6-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under the rebate scheme that complies with section 5 (1) .\n(sch.22-sec.6-ssec.2) The authority must approve an application if satisfied the applicant is eligible for assistance under section 4 .\n(sch.22-sec.6-ssec.3) The authority may seek the advice of persons with suitable qualifications and experience to help the authority in deciding an application.\n(sch.22-sec.6-ssec.4) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.","sortOrder":291},{"sectionNumber":"sch.22-pt.3","sectionType":"part","heading":"Amount of payment","content":"# Amount of payment","sortOrder":292},{"sectionNumber":"sch.22-sec.7","sectionType":"section","heading":"Category 1 applicant","content":"### sch.22-sec.7 Category 1 applicant\n\nFor a category 1 applicant, the amount of the assistance under the rebate scheme is worked out using the following formula—\nwhere—\nP is the amount of the rebate payment.\nPA is the sum of—\nthe part A price set out in the eligible irrigation pricing bill; and\nthe amount of any discount that was applied to calculate that price.\nPC is the sum of—\nthe part C price set out in the eligible irrigation pricing bill; and\nthe amount of any discount that was applied to calculate that price.\nWA is the portion of the applicant’s water allocation, in megalitres, as set out in the eligible irrigation pricing bill.\nPB is the sum of—\nthe part B price set out in the eligible irrigation pricing bill; and\nthe amount of any discount that was applied to calculate that price.\nPD is the sum of—\nthe part D price set out in the eligible irrigation pricing bill; and\nthe amount of any discount that was applied to calculate that price.\nWAU is the applicant’s water allocation, in megalitres, used for water the subject of the eligible irrigation pricing bill.\nWAC is the access charge set out in the eligible irrigation pricing bill before any discount is applied to the charge.\nsch 22 s 7 prev sch 22 s 7 ins 2012 SL No. 195 s 4\nom 2014 SL No. 51 s 6\npres sch 22 s 7 ins 2021 SL No. 108 s 4\n- (a) the part A price set out in the eligible irrigation pricing bill; and\n- (b) the amount of any discount that was applied to calculate that price.\n- (a) the part C price set out in the eligible irrigation pricing bill; and\n- (b) the amount of any discount that was applied to calculate that price.\n- (a) the part B price set out in the eligible irrigation pricing bill; and\n- (b) the amount of any discount that was applied to calculate that price.\n- (a) the part D price set out in the eligible irrigation pricing bill; and\n- (b) the amount of any discount that was applied to calculate that price.","sortOrder":293},{"sectionNumber":"sch.22-sec.8","sectionType":"section","heading":"Category 2A applicant","content":"### sch.22-sec.8 Category 2A applicant\n\nFor a category 2A applicant, the amount of the assistance under the rebate scheme is worked out using the following formula—\nwhere—\nP is the amount of the rebate payment.\nVH is—\nfor an applicant to whom section 2 , definition category 2A applicant , paragraph (c) (i) applies—the volume of water the subject of the eligible irrigation pricing bill that was used to irrigate horticultural crops; or\nfor an applicant to whom section 2 , definition category 2A applicant , paragraph (c) (ii) applies—the volume of water used to irrigate horticultural crops in a quarter prior to the quarter for which the eligible irrigation pricing bill is issued.\nTV is—\nfor an applicant to whom section 2 , definition category 2A applicant , paragraph (c) (i) applies—the volume of water the subject of the eligible irrigation pricing bill that was used to irrigate all crops; or\nfor an applicant to whom section 2 , definition category 2A applicant , paragraph (c) (ii) applies—the volume of water used to irrigate all crops in a quarter prior to the quarter for which the eligible irrigation pricing bill is issued.\nPA is the sum of—\nthe part A price set out in the eligible irrigation pricing bill; and\nthe amount of any discount that was applied to calculate that price.\nPC is the sum of—\nthe part C price set out in the eligible irrigation pricing bill; and\nthe amount of any discount that was applied to calculate that price.\nWA is the portion of the applicant’s water allocation, in megalitres, as set out in the eligible irrigation pricing bill.\nPB is the sum of—\nthe part B price set out in the eligible irrigation pricing bill; and\nthe amount of any discount that was applied to calculate that price.\nPD is the sum of—\nthe part D price set out in the eligible irrigation pricing bill; and\nthe amount of any discount that was applied to calculate that price.\nWAU is the applicant’s water allocation, in megalitres, used for water the subject of the eligible irrigation pricing bill.\nWAC is the access charge set out in the eligible irrigation pricing bill before any discount is applied to the charge.\nsch 22 s 8 prev sch 22 s 8 ins 2012 SL No. 195 s 4\nom 2014 SL No. 51 s 6\npres sch 22 s 8 ins 2021 SL No. 108 s 4\n- (a) for an applicant to whom section 2 , definition category 2A applicant , paragraph (c) (i) applies—the volume of water the subject of the eligible irrigation pricing bill that was used to irrigate horticultural crops; or\n- (b) for an applicant to whom section 2 , definition category 2A applicant , paragraph (c) (ii) applies—the volume of water used to irrigate horticultural crops in a quarter prior to the quarter for which the eligible irrigation pricing bill is issued.\n- (a) for an applicant to whom section 2 , definition category 2A applicant , paragraph (c) (i) applies—the volume of water the subject of the eligible irrigation pricing bill that was used to irrigate all crops; or\n- (b) for an applicant to whom section 2 , definition category 2A applicant , paragraph (c) (ii) applies—the volume of water used to irrigate all crops in a quarter prior to the quarter for which the eligible irrigation pricing bill is issued.\n- (a) the part A price set out in the eligible irrigation pricing bill; and\n- (b) the amount of any discount that was applied to calculate that price.\n- (a) the part C price set out in the eligible irrigation pricing bill; and\n- (b) the amount of any discount that was applied to calculate that price.\n- (a) the part B price set out in the eligible irrigation pricing bill; and\n- (b) the amount of any discount that was applied to calculate that price.\n- (a) the part D price set out in the eligible irrigation pricing bill; and\n- (b) the amount of any discount that was applied to calculate that price.","sortOrder":294},{"sectionNumber":"sch.22-sec.9","sectionType":"section","heading":"Category 2B applicant","content":"### sch.22-sec.9 Category 2B applicant\n\nFor a category 2B applicant, the amount of the assistance under the rebate scheme is worked out using the following formula—\nwhere—\nP is the amount of rebate payment.\nh i means the product of the ABS water application rate for a particular horticultural crop and the applicant’s land area under production for that crop.\nx i means the product of the ABS water application rate for a particular non-horticultural crop and the applicant’s land area under production for that crop.\nPA is the sum of—\nthe part A price set out in the eligible irrigation pricing bill; and\nthe amount of any discount that was applied to calculate that price.\nPC is the sum of—\nthe part C price set out in the eligible irrigation pricing bill; and\nthe amount of any discount that was applied to calculate that price.\nWA is the portion of the applicant’s water allocation, in megalitres, as set out in the eligible irrigation pricing bill.\nPB is the sum of—\nthe part B price set out in the eligible irrigation pricing bill; and\nthe amount of any discount that was applied to calculate that price.\nPD is the sum of—\nthe part D price set out in the eligible irrigation pricing bill; and\nthe amount of any discount that was applied to calculate that price.\nWAU is the applicant’s water allocation, in megalitres, used for water the subject of the eligible irrigation pricing bill.\nWAC is the access charge set out in the eligible irrigation pricing bill before any discount is applied to the charge.\nsch 22 s 9 prev sch 22 s 9 ins 2012 SL No. 195 s 4\nom 2014 SL No. 51 s 6\npres sch 22 s 9 ins 2021 SL No. 108 s 4\n- (a) the part A price set out in the eligible irrigation pricing bill; and\n- (b) the amount of any discount that was applied to calculate that price.\n- (a) the part C price set out in the eligible irrigation pricing bill; and\n- (b) the amount of any discount that was applied to calculate that price.\n- (a) the part B price set out in the eligible irrigation pricing bill; and\n- (b) the amount of any discount that was applied to calculate that price.\n- (a) the part D price set out in the eligible irrigation pricing bill; and\n- (b) the amount of any discount that was applied to calculate that price.","sortOrder":295},{"sectionNumber":"sch.22-sec.10","sectionType":"section","heading":null,"content":"### Section sch.22-sec.10\n\nsch 22 s 10 ins 2012 SL No. 195 s 4\nom 2014 SL No. 51 s 6","sortOrder":296},{"sectionNumber":"sch.22-sec.11","sectionType":"section","heading":null,"content":"### Section sch.22-sec.11\n\nsch 22 s 11 ins 2012 SL No. 195 s 4\nom 2014 SL No. 51 s 6","sortOrder":297},{"sectionNumber":"sch.22-sec.12","sectionType":"section","heading":null,"content":"### Section sch.22-sec.12\n\nsch 22 s 12 ins 2012 SL No. 195 s 4\nom 2014 SL No. 51 s 6","sortOrder":298},{"sectionNumber":"sch.22-sec.13","sectionType":"section","heading":null,"content":"### Section sch.22-sec.13\n\nsch 22 s 13 ins 2012 SL No. 195 s 4\namd 2013 SL No. 194 s 4 (2)\nom 2014 SL No. 51 s 6","sortOrder":299},{"sectionNumber":"sch.22-sec.14","sectionType":"section","heading":null,"content":"### Section sch.22-sec.14\n\nsch 22 s 14 ins 2012 SL No. 195 s 4\nom 2014 SL No. 51 s 6","sortOrder":300},{"sectionNumber":"sch.22-sec.15","sectionType":"section","heading":null,"content":"### Section sch.22-sec.15\n\nsch 22 s 15 ins 2012 SL No. 195 s 4\nom 2014 SL No. 51 s 6","sortOrder":301},{"sectionNumber":"sch.23-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":302},{"sectionNumber":"sch.23-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.23-sec.1 Objective of scheme\n\nThe objective of the scheme is to support community recovery by providing assistance, under agreements entered into from time to time between the Commonwealth and the State, to eligible entities that have suffered direct damage caused by an eligible disaster.\nsch 23 s 1 ins 2013 SL No. 19 s 10","sortOrder":303},{"sectionNumber":"sch.23-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.23-sec.2 Purpose of assistance\n\nThe purpose of the assistance under the scheme is to help an eligible entity pay for costs of clean up and reinstatement of the eligible entity’s primary production enterprise, small business or means for conducting its operations as a non-profit organisation that has suffered direct damage caused by an eligible disaster.\nHowever, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered because of an eligible disaster.\nsch 23 s 2 ins 2013 SL No. 19 s 10\namd 2016 SL No. 133 s 4 ; 2018 SL No. 172 s 31\n(sch.23-sec.2-ssec.1) The purpose of the assistance under the scheme is to help an eligible entity pay for costs of clean up and reinstatement of the eligible entity’s primary production enterprise, small business or means for conducting its operations as a non-profit organisation that has suffered direct damage caused by an eligible disaster.\n(sch.23-sec.2-ssec.2) However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered because of an eligible disaster.","sortOrder":304},{"sectionNumber":"sch.23-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.23-sec.3 Definitions for schedule\n\nIn this schedule—\n2019–2020 extraordinary bushfire disaster means the bushfire that—\nhappened during the 2019–2020 financial year; and\nwas defined by the former appropriate Minister for the purpose of activating the disaster recovery funding arrangements.\nsch 23 s 3 def 2019–2020 extraordinary bushfire disaster ins 2020 SL No. 5 s 3 (1)\nsub 2025 SL No. 120 s 11 (1) – (2)\napplicant means an entity applying for assistance under the scheme.\nappropriate Minister means the Minister responsible for administering the Queensland Reconstruction Authority Act 2011 .\nsch 23 s 3 def appropriate Minister amd 2025 SL No. 120 s 11 (3)\nassistance establishment notice see section 6 (2) .\nclosing day , for an application for assistance under the scheme for an eligible disaster, means—\nthe day by which the authority must receive the application as stated in the assistance establishment notice for the eligible disaster; or\nif the day is changed under section 6B , the day as changed.\nsch 23 s 3 def closing day sub 2015 SL No. 74 s 4 (1) – (2)\ndamaged goods , for a primary production enterprise, includes injured or dead livestock and lost or damaged crops.\nsch 23 s 3 def damaged goods ins 2020 SL No. 5 s 3 (1)\namd 2025 SL No. 11 s 3 (2)\ndefined disaster area , for an eligible disaster, means an area—\ndefined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for the communities affected by the disaster; and\ndescribed in a document held by the authority and available for inspection by members of the public.\nDocuments describing defined disaster areas are published on the authority’s website.\nsch 23 s 3 def defined disaster area amd 2016 SL No. 133 s 5 (1) ; 2018 SL No. 172 s 32 (3)\ndisaster 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.\nThe disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.\nsch 23 s 3 def disaster recovery funding arrangements ins 2018 SL No. 172 s 32 (2)\ndisaster zone see section 6A (2) .\nsch 23 s 3 def disaster zone ins 2015 SL No. 74 s 4 (2)\neligible disaster means—\na natural disaster; or\na terrorist act.\nsch 23 s 3 def eligible disaster sub 2018 SL No. 172 s 32 (1) – (2)\neligible entity means any of the following eligible under part 4 for assistance under the scheme—\na primary producer;\na small business owner;\na non-profit organisation.\nsch 23 s 3 def eligible entity amd 2015 SL No. 74 s 4 (3)\nemploying includes engaging under a contract for services.\nsch 23 s 3 def employing ins 2020 SL No. 5 s 3 (1)\nexceptional circumstances grant see section 7 (2) .\nsch 23 s 3 def exceptional circumstances grant ins 2015 SL No. 74 s 4 (2)\nsub 2018 SL No. 172 s 32 (1) – (2)\nformer appropriate Minister means the Minister administering the Disaster Management Act 2003 .\nsch 23 s 3 def former appropriate Minister ins 2025 SL No. 120 s 11 (2)\nJanuary–February 2019 Queensland flood disaster means the eligible disaster defined by the former appropriate Minister on 8 February 2019, for the purpose of activating the disaster recovery funding arrangements, as ‘North and Far North Queensland Monsoon Trough, 25 January - 10 February 2019’ (as amended from time to time).\nsch 23 s 3 def January–February 2019 Queensland flood disaster ins 2019 SL No. 8 s 3\namd 2025 SL No. 120 s 11 (4) – (5)\nJanuary–February 2025 Queensland flood disaster means the eligible disaster defined by the appropriate Minister on 1 February 2025, for the purpose of activating the disaster recovery funding arrangements, as ‘Communities within North and Far North Queensland areas affected by the tropical low, commencing 29 January 2025’ (as amended from time to time).\nsch 23 s 3 def January–February 2025 Queensland flood disaster ins 2025 SL No. 11 s 3 (1)\nlivestock includes poultry.\nsch 23 s 3 def livestock ins 2015 SL No. 74 s 4 (2)\nnatural disaster see section 4 .\nsch 23 s 3 def natural disaster ins 2018 SL No. 172 s 32 (2)\nnatural disaster relief and recovery arrangements ...\nsch 23 s 3 def natural disaster relief and recovery arrangements amd 2016 SL No. 133 s 5 (2)\nom 2018 SL No. 172 s 32 (1)\nnon-farm income means gross income derived from sources other than a primary production enterprise.\nsch 23 s 3 def non-farm income ins 2020 SL No. 5 s 3 (1)\nnon-profit organisation means a charity or other not-for-profit entity that is—\nincorporated under a law of the Commonwealth or a State; and\neither—\nregistered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or\nregistered or otherwise authorised to raise funds under a law of another State.\nsch 23 s 3 def non-profit organisation sub 2018 SL No. 172 s 32 (1) – (2)\nofficial receipt means a receipt including—\nthe name and address of the entity that issued the receipt; and\nif the entity has an Australian Business Number—the Australian Business Number; and\na description of each item to which the receipt relates.\nprimary producer means—\na sole trader who—\nspends the majority of their labour on a primary production enterprise; and\neither—\nderives the majority of their income from the primary production enterprise; or\nin the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise; or\na partnership, company or trust that carries on a primary production enterprise for which the partners, shareholders or beneficiaries—\nspend the majority of their labour on a primary production enterprise; and\neither—\nderive the majority of their income from the primary production enterprise; or\nin the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise.\nsch 23 s 3 def primary producer amd 2020 SL No. 5 s 3 (2) – (3) ; 2020 SL No. 214 s 3 ; 2022 SL No. 190 s 4 (2) ; 2025 SL No. 120 s 11 (6)\nprimary production enterprise means a business—\nthat—\ninvolves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or\nsupports primary production; and\nfarm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\nfor which an entity holds an Australian Business Number.\nsch 23 s 3 def primary production enterprise sub 2025 SL No. 120 s 11 (1) – (2)\namd 2025 SL No. 169 s 8\nreinstatement , of a primary production enterprise, small business or means for conducting operations as a non-profit organisation, means the carrying out of activities that are necessary to help the enterprise, business or organisation to continue or resume production or trading at a similar level as before the eligible disaster.\nsch 23 s 3 def reinstatement ins 2018 SL No. 172 s 32 (2)\nscheme means the scheme set out in this schedule.\nsmall business means a small business under section 5 or 5A .\nsch 23 s 3 def small business sub 2015 SL No. 74 s 4 (1) – (2)\nsmall business owner means a sole trader, partnership, private company or trust that carries on a small business.\nstandard grant see section 7 (2) .\nsch 23 s 3 def standard grant ins 2015 SL No. 74 s 4 (2)\nsub 2018 SL No. 172 s 32 (1) – (2)\nstated closing day see section 6A (1) (f) .\nsch 23 s 3 def stated closing day ins 2015 SL No. 74 s 4 (2)\nterrorist act see the Police Powers and Responsibilities Act 2000 , section 211 .\nsch 23 s 3 def terrorist act ins 2018 SL No. 172 s 32 (2)\nsch 23 s 3 ins 2013 SL No. 19 s 10\namd 2022 SL No. 190 s 4 (1)\n- (a) happened during the 2019–2020 financial year; and\n- (b) was defined by the former appropriate Minister for the purpose of activating the disaster recovery funding arrangements.\n- (a) the day by which the authority must receive the application as stated in the assistance establishment notice for the eligible disaster; or\n- (b) if the day is changed under section 6B , the day as changed.\n- (a) defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for the communities affected by the disaster; and\n- (b) described in a document held by the authority and available for inspection by members of the public.\n- (a) a natural disaster; or\n- (b) a terrorist act.\n- (a) a primary producer;\n- (b) a small business owner;\n- (c) a non-profit organisation.\n- (a) incorporated under a law of the Commonwealth or a State; and\n- (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.\n- (i) registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or\n- (ii) registered or otherwise authorised to raise funds under a law of another State.\n- (i) registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or\n- (ii) registered or otherwise authorised to raise funds under a law of another State.\n- (a) the name and address of the entity that issued the receipt; and\n- (b) if the entity has an Australian Business Number—the Australian Business Number; and\n- (c) a description of each item to which the receipt relates.\n- (a) a sole trader who— (i) spends the majority of their labour on a primary production enterprise; and (ii) either— (A) derives 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, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (i) spends the majority of their labour on a primary production enterprise; and\n- (ii) either— (A) derives 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, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (A) derives the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (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, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (i) spend the majority of their labour on a primary production enterprise; and\n- (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, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (i) spends the majority of their labour on a primary production enterprise; and\n- (ii) either— (A) derives 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, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (A) derives the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (A) derives the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (i) spend the majority of their labour on a primary production enterprise; and\n- (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, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (a) that— (i) involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\n- (i) involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or\n- (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\n- (b) for which an entity holds an Australian Business Number.\n- (i) involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or\n- (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business","sortOrder":305},{"sectionNumber":"sch.23-sec.4","sectionType":"section","heading":"Meaning of natural disaster","content":"### sch.23-sec.4 Meaning of natural disaster\n\nA natural disaster means any of the following events described in an assistance establishment notice—\na bushfire;\na cyclone;\nan earthquake;\na flood;\na landslide;\na meteorite strike;\na storm, including any, or any combination, of the following—\nhail;\nrain;\nwind;\na storm surge;\na tornado;\na tsunami.\nHowever, 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.\na deliberate act\nan accident\ndevelopment\nIn this section—\ndevelopment see the Planning Act 2016 , schedule 2 .\nsch 23 s 4 ins 2013 SL No. 19 s 10\namd 2017 SL No. 103 s 116 ; 2018 SL No. 172 s 33\n(sch.23-sec.4-ssec.1) A natural disaster means any of the following events described in an assistance establishment notice— a bushfire; a cyclone; an earthquake; a flood; a landslide; a meteorite strike; a storm, including any, or any combination, of the following— hail; rain; wind; a storm surge; a tornado; a tsunami.\n(sch.23-sec.4-ssec.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. a deliberate act an accident development\n(sch.23-sec.4-ssec.3) In this section— development see the Planning Act 2016 , schedule 2 .\n- (a) a bushfire;\n- (b) a cyclone;\n- (c) an earthquake;\n- (d) a flood;\n- (e) a landslide;\n- (f) a meteorite strike;\n- (g) a storm, including any, or any combination, of the following— (i) hail; (ii) rain; (iii) wind;\n- (i) hail;\n- (ii) rain;\n- (iii) wind;\n- (h) a storm surge;\n- (i) a tornado;\n- (j) a tsunami.\n- (i) hail;\n- (ii) rain;\n- (iii) wind;\n- • a deliberate act\n- • an accident\n- • development","sortOrder":306},{"sectionNumber":"sch.23-sec.5","sectionType":"section","heading":"Meaning of small business","content":"### sch.23-sec.5 Meaning of small business\n\nA small business is a business—\nfor which an entity holds an Australian Business Number; and\nin which are employed fewer than—\n20 full-time employees; or\nif the business has employees other than full-time employees—20 equivalent full-time employees.\nHowever, a small business does not include—\na body corporate under the Body Corporate and Community Management Act 1997 ; or\na business mentioned in section 3 , definition primary production enterprise , paragraph (a) .\nAlso, a business is not a small business if—\nthe business is operated by a public company; or\nthe business is a charitable business that, under the disaster recovery funding arrangements, is eligible to receive assistance for the clean-up and reinstatement of the business in relation to direct damage caused by an eligible disaster.\nFurther, a business is not a small business if—\nthe business is carried on by a sole trader; and\nthe business has no employees, other than the sole trader; and\nthe sole trader does not derive the majority of the sole trader’s income from the business.\nDespite subsection (4) (c) , a business is a small business if the sole trader—\nimmediately before an eligible disaster, derived the majority of the sole trader’s income from the business; and\nin the opinion of the authority, would have derived the majority of the sole trader’s income from the small business again, but for the eligible disaster.\nFor subsection (1) (b) , the number of equivalent full-time employees of a business is worked out using the formula—\nwhere—\nE means the number of equivalent full-time employees of the business.\nF means the number of full-time employees of the business.\nP means the total number of hours worked each week by employees other than full-time employees.\nIn this section—\ncharitable business means a business that does not operate to make a profit.\nfull-time employee , of a business, means an individual who ordinarily works for at least 35 hours each week for the business.\npublic company means a public company within the meaning of the Corporations Act .\nsch 23 s 5 ins 2013 SL No. 19 s 10\namd 2015 SL No. 74 s 5 ; 2016 SL No. 133 s 6 ; 2018 SL No. 172 s 34 ; 2025 SL No. 120 s 12\n(sch.23-sec.5-ssec.1) A small business is a business— for which an entity holds an Australian Business Number; and in which are employed fewer than— 20 full-time employees; or if the business has employees other than full-time employees—20 equivalent full-time employees.\n(sch.23-sec.5-ssec.2) However, a small business does not include— a body corporate under the Body Corporate and Community Management Act 1997 ; or a business mentioned in section 3 , definition primary production enterprise , paragraph (a) .\n(sch.23-sec.5-ssec.3) Also, a business is not a small business if— the business is operated by a public company; or the business is a charitable business that, under the disaster recovery funding arrangements, is eligible to receive assistance for the clean-up and reinstatement of the business in relation to direct damage caused by an eligible disaster.\n(sch.23-sec.5-ssec.4) Further, a business is not a small business if— the business is carried on by a sole trader; and the business has no employees, other than the sole trader; and the sole trader does not derive the majority of the sole trader’s income from the business.\n(sch.23-sec.5-ssec.5) Despite subsection (4) (c) , a business is a small business if the sole trader— immediately before an eligible disaster, derived the majority of the sole trader’s income from the business; and in the opinion of the authority, would have derived the majority of the sole trader’s income from the small business again, but for the eligible disaster.\n(sch.23-sec.5-ssec.6) 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.\n(sch.23-sec.5-ssec.7) In this section— charitable business means a business that does not operate to make a profit. 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 .\n- (a) for which an entity holds an Australian Business Number; and\n- (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.\n- (i) 20 full-time employees; or\n- (ii) if the business has employees other than full-time employees—20 equivalent full-time employees.\n- (i) 20 full-time employees; or\n- (ii) if the business has employees other than full-time employees—20 equivalent full-time employees.\n- (a) a body corporate under the Body Corporate and Community Management Act 1997 ; or\n- (b) a business mentioned in section 3 , definition primary production enterprise , paragraph (a) .\n- (a) the business is operated by a public company; or\n- (b) the business is a charitable business that, under the disaster recovery funding arrangements, is eligible to receive assistance for the clean-up and reinstatement of the business in relation to direct damage caused by an eligible disaster.\n- (a) the business is carried on by a sole trader; and\n- (b) the business has no employees, other than the sole trader; and\n- (c) the sole trader does not derive the majority of the sole trader’s income from the business.\n- (a) immediately before an eligible disaster, derived the majority of the sole trader’s income from the business; and\n- (b) in the opinion of the authority, would have derived the majority of the sole trader’s income from the small business again, but for the eligible disaster.","sortOrder":307},{"sectionNumber":"sch.23-sec.5A","sectionType":"section","heading":"Small businesses in development","content":"### sch.23-sec.5A Small businesses in development\n\nThis section applies if—\nan individual is developing an enterprise to become a small business under section 5 ; and\nin the authority’s opinion, the enterprise will be developed into a small business under section 5 that will be carried on by the individual as a sole trader.\nThe enterprise is taken to be a small business.\nThe individual is taken to be carrying on the small business.\nActivities carried on for the purpose of the development are taken to be business activities.\nsch 23 s 5A ins 2015 SL No. 74 s 6\n(sch.23-sec.5A-ssec.1) This section applies if— an individual is developing an enterprise to become a small business under section 5 ; and in the authority’s opinion, the enterprise will be developed into a small business under section 5 that will be carried on by the individual as a sole trader.\n(sch.23-sec.5A-ssec.2) The enterprise is taken to be a small business.\n(sch.23-sec.5A-ssec.3) The individual is taken to be carrying on the small business.\n(sch.23-sec.5A-ssec.4) Activities carried on for the purpose of the development are taken to be business activities.\n- (a) an individual is developing an enterprise to become a small business under section 5 ; and\n- (b) in the authority’s opinion, the enterprise will be developed into a small business under section 5 that will be carried on by the individual as a sole trader.","sortOrder":308},{"sectionNumber":"sch.23-pt.2","sectionType":"part","heading":"Establishment of assistance","content":"# Establishment of assistance","sortOrder":309},{"sectionNumber":"sch.23-sec.6","sectionType":"section","heading":"Publication of assistance establishment notice","content":"### sch.23-sec.6 Publication of assistance establishment notice\n\nThis section applies if the Commonwealth and the State have agreed that assistance should be given under the disaster recovery funding arrangements to eligible entities for an event mentioned in section 4 (1) .\nThe Minister may publish, on the authority’s website, a notice (an assistance establishment notice ) complying with section 6A for the event.\nsch 23 s 6 ins 2013 SL No. 19 s 10\nsub 2015 SL No. 74 s 7\namd 2016 SL No. 133 s 7 ; 2018 SL No. 172 s 35\n(sch.23-sec.6-ssec.1) This section applies if the Commonwealth and the State have agreed that assistance should be given under the disaster recovery funding arrangements to eligible entities for an event mentioned in section 4 (1) .\n(sch.23-sec.6-ssec.2) The Minister may publish, on the authority’s website, a notice (an assistance establishment notice ) complying with section 6A for the event.","sortOrder":310},{"sectionNumber":"sch.23-sec.6A","sectionType":"section","heading":"Requirements for assistance establishment notice","content":"### sch.23-sec.6A Requirements for assistance establishment notice\n\nThe assistance establishment notice must state—\na description of the event; and\nwhether either or both of the following are eligible to apply for assistance for the event—\nprimary producers;\nsmall business owners and non-profit organisations; and\nUnder section 10 , an entity may apply for assistance in only 1 capacity.\nwhether assistance for the event is available by way of either or both of the following—\na standard grant;\nan exceptional circumstances grant; and\nEven if both grants are available, under section 23 (3) an applicant may apply for only 1 of the grants.\nif assistance for the event is available by way of an exceptional circumstances grant and the event is not mentioned in section 7 (3) (a) to (d) —the maximum amount for the exceptional circumstances grant; and\nSee section 7 (4) .\nthe maximum total amount of assistance that may be given to an eligible entity for the event; and\nSee section 20 .\nwhether or not section 18 (3) applies in relation to an application for the assistance and, if so, whether section 18 (3) applies in relation to the total or another stated amount of the assistance; and\nthe day (the stated closing day ) by which an application for the assistance must be received by the authority.\nSubsection (3) applies if, for the disaster recovery funding arrangements, a matter mentioned in any of subsection (1) (b) to (e) applies differently in relation to the assistance for the event for damage suffered in different areas (each of which is a disaster zone ) within the defined disaster area.\nThe assistance establishment notice must also state—\na description of the location of each disaster zone; and\nas relevant, the matter mentioned in subsection (1) (b) to (e) as it applies in relation to the assistance for damage suffered in each disaster zone.\nSee sections 18 (2) and (3) and 23 (5) .\nFor subsection (3) (a) , a disaster zone may be described by reference to a map or plan accompanying the assistance establishment notice.\nsch 23 s 6A ins 2015 SL No. 74 s 7\namd 2018 SL No. 172 s 36 ; 2020 SL No. 5 s 4 ; 2025 SL No. 11 s 4\n(sch.23-sec.6A-ssec.1) The assistance establishment notice must state— a description of the event; and whether either or both of the following are eligible to apply for assistance for the event— primary producers; small business owners and non-profit organisations; and Under section 10 , an entity may apply for assistance in only 1 capacity. whether assistance for the event is available by way of either or both of the following— a standard grant; an exceptional circumstances grant; and Even if both grants are available, under section 23 (3) an applicant may apply for only 1 of the grants. if assistance for the event is available by way of an exceptional circumstances grant and the event is not mentioned in section 7 (3) (a) to (d) —the maximum amount for the exceptional circumstances grant; and See section 7 (4) . the maximum total amount of assistance that may be given to an eligible entity for the event; and See section 20 . whether or not section 18 (3) applies in relation to an application for the assistance and, if so, whether section 18 (3) applies in relation to the total or another stated amount of the assistance; and the day (the stated closing day ) by which an application for the assistance must be received by the authority.\n(sch.23-sec.6A-ssec.2) Subsection (3) applies if, for the disaster recovery funding arrangements, a matter mentioned in any of subsection (1) (b) to (e) applies differently in relation to the assistance for the event for damage suffered in different areas (each of which is a disaster zone ) within the defined disaster area.\n(sch.23-sec.6A-ssec.3) The assistance establishment notice must also state— a description of the location of each disaster zone; and as relevant, the matter mentioned in subsection (1) (b) to (e) as it applies in relation to the assistance for damage suffered in each disaster zone. See sections 18 (2) and (3) and 23 (5) .\n(sch.23-sec.6A-ssec.4) For subsection (3) (a) , a disaster zone may be described by reference to a map or plan accompanying the assistance establishment notice.\n- (a) a description of the event; and\n- (b) whether either or both of the following are eligible to apply for assistance for the event— (i) primary producers; (ii) small business owners and non-profit organisations; and Note— Under section 10 , an entity may apply for assistance in only 1 capacity.\n- (i) primary producers;\n- (ii) small business owners and non-profit organisations; and\n- (c) whether assistance for the event is available by way of either or both of the following— (i) a standard grant; (ii) an exceptional circumstances grant; and Note— Even if both grants are available, under section 23 (3) an applicant may apply for only 1 of the grants.\n- (i) a standard grant;\n- (ii) an exceptional circumstances grant; and\n- (ca) if assistance for the event is available by way of an exceptional circumstances grant and the event is not mentioned in section 7 (3) (a) to (d) —the maximum amount for the exceptional circumstances grant; and Note— See section 7 (4) .\n- (d) the maximum total amount of assistance that may be given to an eligible entity for the event; and Note— See section 20 .\n- (e) whether or not section 18 (3) applies in relation to an application for the assistance and, if so, whether section 18 (3) applies in relation to the total or another stated amount of the assistance; and\n- (f) the day (the stated closing day ) by which an application for the assistance must be received by the authority.\n- (i) primary producers;\n- (ii) small business owners and non-profit organisations; and\n- (i) a standard grant;\n- (ii) an exceptional circumstances grant; and\n- (a) a description of the location of each disaster zone; and\n- (b) as relevant, the matter mentioned in subsection (1) (b) to (e) as it applies in relation to the assistance for damage suffered in each disaster zone. Note— See sections 18 (2) and (3) and 23 (5) .","sortOrder":311},{"sectionNumber":"sch.23-sec.6B","sectionType":"section","heading":"Amending assistance establishment notice to change closing day","content":"### sch.23-sec.6B Amending assistance establishment notice to change closing day\n\nThe Minister may, on or before the stated closing day, amend the assistance establishment notice to change the stated closing day to a later day.\nThis section does not limit the Minister’s power, under the Acts Interpretation Act 1954 , section 24AA , to amend other matters stated in the assistance establishment notice.\nsch 23 s 6B ins 2015 SL No. 74 s 7\namd 2025 SL No. 11 s 5\n(sch.23-sec.6B-ssec.1) The Minister may, on or before the stated closing day, amend the assistance establishment notice to change the stated closing day to a later day.\n(sch.23-sec.6B-ssec.2) This section does not limit the Minister’s power, under the Acts Interpretation Act 1954 , section 24AA , to amend other matters stated in the assistance establishment notice.","sortOrder":312},{"sectionNumber":"sch.23-pt.3","sectionType":"part","heading":"Nature of assistance","content":"# Nature of assistance","sortOrder":313},{"sectionNumber":"sch.23-sec.7","sectionType":"section","heading":"Nature of assistance under scheme","content":"### sch.23-sec.7 Nature of assistance under scheme\n\nThe nature of the assistance that may be given under the scheme is a grant to help an eligible entity clean-up and reinstate the entity’s—\nprimary production enterprise; or\nsmall business; or\nmeans for conducting its operations as a non-profit organisation;\nthat has suffered direct damage caused by an eligible disaster.\nThe grant may be for an amount up to $10,000 (a standard grant ) or up to the amount mentioned in subsection (3) (an exceptional circumstances grant ) to cover the cost of any of the things to which section 8 (2) or 9 (2) applies.\nFor subsection (2) , the maximum amount for an exceptional circumstances grant is—\nif the grant is for an eligible entity that is a primary producer for the January–February 2019 Queensland flood disaster—$75,000; or\nif the grant is for an eligible entity that is a small business owner or non-profit organisation for the January–February 2019 Queensland flood disaster—$50,000; or\nif the grant is for an eligible entity that is a primary producer for a 2019–2020 extraordinary bushfire disaster—$75,000; or\nif the grant is for an eligible entity that is a small business owner or non-profit organisation for a 2019–2020 extraordinary bushfire disaster—$50,000; or\notherwise—the maximum amount stated in the assistance establishment notice.\nFor subsection (3) (e) , the stated amount must not be more than $75,000.\nsch 23 s 7 ins 2013 SL No. 19 s 10\nsub 2015 SL No. 74 s 7\namd 2016 SL No. 133 s 8 ; 2018 SL No. 172 s 37 ; 2019 SL No. 8 s 4 ; 2019 SL No. 26 s 3 ; 2020 SL No. 5 s 5 ; 2020 SL No. 29 s 4 ; 2021 SL No. 103 s 4 ; 2025 SL No. 11 s 6\n(sch.23-sec.7-ssec.1) The nature of the assistance that may be given under the scheme is a grant to help an eligible entity clean-up and reinstate the entity’s— primary production enterprise; or small business; or means for conducting its operations as a non-profit organisation; that has suffered direct damage caused by an eligible disaster.\n(sch.23-sec.7-ssec.2) The grant may be for an amount up to $10,000 (a standard grant ) or up to the amount mentioned in subsection (3) (an exceptional circumstances grant ) to cover the cost of any of the things to which section 8 (2) or 9 (2) applies.\n(sch.23-sec.7-ssec.3) For subsection (2) , the maximum amount for an exceptional circumstances grant is— if the grant is for an eligible entity that is a primary producer for the January–February 2019 Queensland flood disaster—$75,000; or if the grant is for an eligible entity that is a small business owner or non-profit organisation for the January–February 2019 Queensland flood disaster—$50,000; or if the grant is for an eligible entity that is a primary producer for a 2019–2020 extraordinary bushfire disaster—$75,000; or if the grant is for an eligible entity that is a small business owner or non-profit organisation for a 2019–2020 extraordinary bushfire disaster—$50,000; or otherwise—the maximum amount stated in the assistance establishment notice.\n(sch.23-sec.7-ssec.4) For subsection (3) (e) , the stated amount must not be more than $75,000.\n- (a) primary production enterprise; or\n- (b) small business; or\n- (c) means for conducting its operations as a non-profit organisation;\n- (a) if the grant is for an eligible entity that is a primary producer for the January–February 2019 Queensland flood disaster—$75,000; or\n- (b) if the grant is for an eligible entity that is a small business owner or non-profit organisation for the January–February 2019 Queensland flood disaster—$50,000; or\n- (c) if the grant is for an eligible entity that is a primary producer for a 2019–2020 extraordinary bushfire disaster—$75,000; or\n- (d) if the grant is for an eligible entity that is a small business owner or non-profit organisation for a 2019–2020 extraordinary bushfire disaster—$50,000; or\n- (e) otherwise—the maximum amount stated in the assistance establishment notice.","sortOrder":314},{"sectionNumber":"sch.23-sec.8","sectionType":"section","heading":"Assistance under standard or exceptional circumstances grant generally","content":"### sch.23-sec.8 Assistance under standard or exceptional circumstances grant generally\n\nThis section applies to a standard grant or exceptional circumstances grant, other than an exceptional circumstances grant to which section 9 applies.\nThe grant may cover a cost that has been incurred for any of the following things because of direct damage caused by the eligible disaster—\nengaging a tradesperson to conduct a safety inspection of damage to a property, premises or equipment;\nhiring or leasing equipment or materials to clean a property, premises or equipment;\npurchasing equipment or materials to clean a property, premises or equipment, if the authority is satisfied—\nthe equipment is, or the materials are, not ordinarily available for hire or lease; or\ncleaning chemicals, gloves, masks, brooms, mops, shovels or buckets\nif subparagraph (i) does not apply—\nthe equipment is, or the materials are, reasonably necessary for cleaning the property, premises or equipment; and\nthe equipment is, or the materials are, not readily available for hire or lease at a cost that is equal to or less than the cost of purchasing the equipment or materials;\nemploying a person to clean a property, premises or equipment if—\nthe cost would not ordinarily have been incurred in the absence of an event mentioned in section 4 (1) ; or\nthe cost exceeds the cost of employing a person to clean the property, premises or equipment that would ordinarily have been incurred in the absence of an event mentioned in section 4 (1) ;\nremoving and disposing of debris or damaged goods and material;\nrepairing a building or repairing or replacing fittings in a building, if the repair or replacement is essential for resuming operation of a primary production enterprise, small business or non-profit organisation;\nelectrical wiring, floor coverings, shelving\npurchasing, hiring or leasing equipment or materials that are essential for immediately resuming operation of a primary production enterprise, small business or non-profit organisation;\nfor a primary production enterprise, any of the following—\nrepairing or reconditioning essential equipment;\nrepairing or replacing fencing on a property, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State;\na freight subsidy under the disaster recovery funding arrangements for transporting fencing materials\na concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying the costs of repair or replacement of fencing\npurchasing fodder, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State;\na freight subsidy under the disaster recovery funding arrangements for carting emergency fodder\na concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying for fodder\nmaintaining the health of livestock;\nreplacing dead livestock;\nrepairing or restoring fields;\nsalvaging crops, grain or feed;\nreplacing lost or damaged plants if the replacement is essential for immediately resuming operation of the primary production enterprise;\nfor direct damage caused by the January–February 2025 Queensland flood disaster, or a subsequent eligible disaster—replacing lost or damaged eligible crops if the replacement is essential for immediately resuming operation of the primary production enterprise;\nreplacing essential water that has been used for fire fighting;\ncarting water;\nfor a small business or non-profit organisation, either of the following—\nreplacing lost or damaged stock if the replacement is essential for immediately resuming operation of the small business or non-profit organisation;\nleasing temporary premises for the purpose of resuming operation of the small business or non-profit organisation.\nFor subsection (2) , a reference to a building does not include a reference to a building that is used as a dwelling, unless—\nthe dwelling is used for carrying on the primary production enterprise, small business or non-profit organisation; or\na dwelling used for temporary accommodation for workers for a primary production enterprise\nfor a small business—the dwelling is an asset of the business.\na dwelling that is let by a small business whose main activity involves letting dwellings\nFor subsection (2) (g) (ix) , a grant to replace a lost or damaged eligible crop will cover the following cost—\nthe cost of replacing the eligible crop with a crop of the same species;\nif the primary production enterprise elects to replace the eligible crop with a crop of a different species, the lesser of—\nthe cost of replacing the eligible crop with the crop of the different species; or\nthe cost of replacing the eligible crop with a crop of the same species.\nIn this section—\neligible crop means—\nfor a pasture-based crop—a crop that was planted not more than 1 year before the eligible disaster in which the crop was lost or damaged; or\nfor sugar cane—a crop that had not had its first harvest at the time of the eligible disaster in which the crop was lost or damaged; or\na crop other than sugar cane or a pasture-based crop.\npasture-based crop means a crop grown for consumption by grazing animals, whether as pasture or after harvesting as hay or silage.\ngrass, legumes\nplants includes root stock, seedlings, seeds and tube stock, but does not include crops.\nsch 23 s 8 ins 2013 SL No. 19 s 10\nsub 2015 SL No. 74 s 7 ; 2016 SL No. 133 s 9 ; 2018 SL No. 172 s 38\namd 2020 SL No. 5 s 6 ; 2020 SL No. 29 s 5 ; 2022 SL No. 190 s 5 ; 2025 SL No. 11 s 7\n(sch.23-sec.8-ssec.1) This section applies to a standard grant or exceptional circumstances grant, other than an exceptional circumstances grant to which section 9 applies.\n(sch.23-sec.8-ssec.2) The grant may cover a cost that has been incurred for any of the following things because of direct damage caused by the eligible disaster— engaging a tradesperson to conduct a safety inspection of damage to a property, premises or equipment; hiring or leasing equipment or materials to clean a property, premises or equipment; purchasing equipment or materials to clean a property, premises or equipment, if the authority is satisfied— the equipment is, or the materials are, not ordinarily available for hire or lease; or cleaning chemicals, gloves, masks, brooms, mops, shovels or buckets if subparagraph (i) does not apply— the equipment is, or the materials are, reasonably necessary for cleaning the property, premises or equipment; and the equipment is, or the materials are, not readily available for hire or lease at a cost that is equal to or less than the cost of purchasing the equipment or materials; employing a person to clean a property, premises or equipment if— the cost would not ordinarily have been incurred in the absence of an event mentioned in section 4 (1) ; or the cost exceeds the cost of employing a person to clean the property, premises or equipment that would ordinarily have been incurred in the absence of an event mentioned in section 4 (1) ; removing and disposing of debris or damaged goods and material; repairing a building or repairing or replacing fittings in a building, if the repair or replacement is essential for resuming operation of a primary production enterprise, small business or non-profit organisation; electrical wiring, floor coverings, shelving purchasing, hiring or leasing equipment or materials that are essential for immediately resuming operation of a primary production enterprise, small business or non-profit organisation; for a primary production enterprise, any of the following— repairing or reconditioning essential equipment; repairing or replacing fencing on a property, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State; a freight subsidy under the disaster recovery funding arrangements for transporting fencing materials a concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying the costs of repair or replacement of fencing purchasing fodder, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State; a freight subsidy under the disaster recovery funding arrangements for carting emergency fodder a concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying for fodder maintaining the health of livestock; replacing dead livestock; repairing or restoring fields; salvaging crops, grain or feed; replacing lost or damaged plants if the replacement is essential for immediately resuming operation of the primary production enterprise; for direct damage caused by the January–February 2025 Queensland flood disaster, or a subsequent eligible disaster—replacing lost or damaged eligible crops if the replacement is essential for immediately resuming operation of the primary production enterprise; replacing essential water that has been used for fire fighting; carting water; for a small business or non-profit organisation, either of the following— replacing lost or damaged stock if the replacement is essential for immediately resuming operation of the small business or non-profit organisation; leasing temporary premises for the purpose of resuming operation of the small business or non-profit organisation.\n(sch.23-sec.8-ssec.3) For subsection (2) , a reference to a building does not include a reference to a building that is used as a dwelling, unless— the dwelling is used for carrying on the primary production enterprise, small business or non-profit organisation; or a dwelling used for temporary accommodation for workers for a primary production enterprise for a small business—the dwelling is an asset of the business. a dwelling that is let by a small business whose main activity involves letting dwellings\n(sch.23-sec.8-ssec.3A) For subsection (2) (g) (ix) , a grant to replace a lost or damaged eligible crop will cover the following cost— the cost of replacing the eligible crop with a crop of the same species; if the primary production enterprise elects to replace the eligible crop with a crop of a different species, the lesser of— the cost of replacing the eligible crop with the crop of the different species; or the cost of replacing the eligible crop with a crop of the same species.\n(sch.23-sec.8-ssec.4) In this section— eligible crop means— for a pasture-based crop—a crop that was planted not more than 1 year before the eligible disaster in which the crop was lost or damaged; or for sugar cane—a crop that had not had its first harvest at the time of the eligible disaster in which the crop was lost or damaged; or a crop other than sugar cane or a pasture-based crop. pasture-based crop means a crop grown for consumption by grazing animals, whether as pasture or after harvesting as hay or silage. grass, legumes plants includes root stock, seedlings, seeds and tube stock, but does not include crops.\n- (a) engaging a tradesperson to conduct a safety inspection of damage to a property, premises or equipment;\n- (b) hiring or leasing equipment or materials to clean a property, premises or equipment;\n- (ba) purchasing equipment or materials to clean a property, premises or equipment, if the authority is satisfied— (i) the equipment is, or the materials are, not ordinarily available for hire or lease; or Examples of items not ordinarily available for hire or lease— cleaning chemicals, gloves, masks, brooms, mops, shovels or buckets (ii) if subparagraph (i) does not apply— (A) the equipment is, or the materials are, reasonably necessary for cleaning the property, premises or equipment; and (B) the equipment is, or the materials are, not readily available for hire or lease at a cost that is equal to or less than the cost of purchasing the equipment or materials;\n- (i) the equipment is, or the materials are, not ordinarily available for hire or lease; or Examples of items not ordinarily available for hire or lease— cleaning chemicals, gloves, masks, brooms, mops, shovels or buckets\n- (ii) if subparagraph (i) does not apply— (A) the equipment is, or the materials are, reasonably necessary for cleaning the property, premises or equipment; and (B) the equipment is, or the materials are, not readily available for hire or lease at a cost that is equal to or less than the cost of purchasing the equipment or materials;\n- (A) the equipment is, or the materials are, reasonably necessary for cleaning the property, premises or equipment; and\n- (B) the equipment is, or the materials are, not readily available for hire or lease at a cost that is equal to or less than the cost of purchasing the equipment or materials;\n- (c) employing a person to clean a property, premises or equipment if— (i) the cost would not ordinarily have been incurred in the absence of an event mentioned in section 4 (1) ; or (ii) the cost exceeds the cost of employing a person to clean the property, premises or equipment that would ordinarily have been incurred in the absence of an event mentioned in section 4 (1) ;\n- (i) the cost would not ordinarily have been incurred in the absence of an event mentioned in section 4 (1) ; or\n- (ii) the cost exceeds the cost of employing a person to clean the property, premises or equipment that would ordinarily have been incurred in the absence of an event mentioned in section 4 (1) ;\n- (d) removing and disposing of debris or damaged goods and material;\n- (e) repairing a building or repairing or replacing fittings in a building, if the repair or replacement is essential for resuming operation of a primary production enterprise, small business or non-profit organisation; Examples of fittings for paragraph (e) — electrical wiring, floor coverings, shelving\n- (f) purchasing, hiring or leasing equipment or materials that are essential for immediately resuming operation of a primary production enterprise, small business or non-profit organisation;\n- (g) for a primary production enterprise, any of the following— (i) repairing or reconditioning essential equipment; (ii) repairing or replacing fencing on a property, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State; Examples of other assistance— • a freight subsidy under the disaster recovery funding arrangements for transporting fencing materials • a concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying the costs of repair or replacement of fencing (iii) purchasing fodder, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State; Examples of other assistance— • a freight subsidy under the disaster recovery funding arrangements for carting emergency fodder • a concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying for fodder (iv) maintaining the health of livestock; (v) replacing dead livestock; (vi) repairing or restoring fields; (vii) salvaging crops, grain or feed; (viii) replacing lost or damaged plants if the replacement is essential for immediately resuming operation of the primary production enterprise; (ix) for direct damage caused by the January–February 2025 Queensland flood disaster, or a subsequent eligible disaster—replacing lost or damaged eligible crops if the replacement is essential for immediately resuming operation of the primary production enterprise; (x) replacing essential water that has been used for fire fighting; (xi) carting water;\n- (i) repairing or reconditioning essential equipment;\n- (ii) repairing or replacing fencing on a property, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State; Examples of other assistance— • a freight subsidy under the disaster recovery funding arrangements for transporting fencing materials • a concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying the costs of repair or replacement of fencing\n- • a freight subsidy under the disaster recovery funding arrangements for transporting fencing materials\n- • a concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying the costs of repair or replacement of fencing\n- (iii) purchasing fodder, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State; Examples of other assistance— • a freight subsidy under the disaster recovery funding arrangements for carting emergency fodder • a concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying for fodder\n- • a freight subsidy under the disaster recovery funding arrangements for carting emergency fodder\n- • a concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying for fodder\n- (iv) maintaining the health of livestock;\n- (v) replacing dead livestock;\n- (vi) repairing or restoring fields;\n- (vii) salvaging crops, grain or feed;\n- (viii) replacing lost or damaged plants if the replacement is essential for immediately resuming operation of the primary production enterprise;\n- (ix) for direct damage caused by the January–February 2025 Queensland flood disaster, or a subsequent eligible disaster—replacing lost or damaged eligible crops if the replacement is essential for immediately resuming operation of the primary production enterprise;\n- (x) replacing essential water that has been used for fire fighting;\n- (xi) carting water;\n- (h) for a small business or non-profit organisation, either of the following— (i) replacing lost or damaged stock if the replacement is essential for immediately resuming operation of the small business or non-profit organisation; (ii) leasing temporary premises for the purpose of resuming operation of the small business or non-profit organisation.\n- (i) replacing lost or damaged stock if the replacement is essential for immediately resuming operation of the small business or non-profit organisation;\n- (ii) leasing temporary premises for the purpose of resuming operation of the small business or non-profit organisation.\n- (i) the equipment is, or the materials are, not ordinarily available for hire or lease; or Examples of items not ordinarily available for hire or lease— cleaning chemicals, gloves, masks, brooms, mops, shovels or buckets\n- (ii) if subparagraph (i) does not apply— (A) the equipment is, or the materials are, reasonably necessary for cleaning the property, premises or equipment; and (B) the equipment is, or the materials are, not readily available for hire or lease at a cost that is equal to or less than the cost of purchasing the equipment or materials;\n- (A) the equipment is, or the materials are, reasonably necessary for cleaning the property, premises or equipment; and\n- (B) the equipment is, or the materials are, not readily available for hire or lease at a cost that is equal to or less than the cost of purchasing the equipment or materials;\n- (A) the equipment is, or the materials are, reasonably necessary for cleaning the property, premises or equipment; and\n- (B) the equipment is, or the materials are, not readily available for hire or lease at a cost that is equal to or less than the cost of purchasing the equipment or materials;\n- (i) the cost would not ordinarily have been incurred in the absence of an event mentioned in section 4 (1) ; or\n- (ii) the cost exceeds the cost of employing a person to clean the property, premises or equipment that would ordinarily have been incurred in the absence of an event mentioned in section 4 (1) ;\n- (i) repairing or reconditioning essential equipment;\n- (ii) repairing or replacing fencing on a property, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State; Examples of other assistance— • a freight subsidy under the disaster recovery funding arrangements for transporting fencing materials • a concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying the costs of repair or replacement of fencing\n- • a freight subsidy under the disaster recovery funding arrangements for transporting fencing materials\n- • a concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying the costs of repair or replacement of fencing\n- (iii) purchasing fodder, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State; Examples of other assistance— • a freight subsidy under the disaster recovery funding arrangements for carting emergency fodder • a concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying for fodder\n- • a freight subsidy under the disaster recovery funding arrangements for carting emergency fodder\n- • a concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying for fodder\n- (iv) maintaining the health of livestock;\n- (v) replacing dead livestock;\n- (vi) repairing or restoring fields;\n- (vii) salvaging crops, grain or feed;\n- (viii) replacing lost or damaged plants if the replacement is essential for immediately resuming operation of the primary production enterprise;\n- (ix) for direct damage caused by the January–February 2025 Queensland flood disaster, or a subsequent eligible disaster—replacing lost or damaged eligible crops if the replacement is essential for immediately resuming operation of the primary production enterprise;\n- (x) replacing essential water that has been used for fire fighting;\n- (xi) carting water;\n- • a freight subsidy under the disaster recovery funding arrangements for transporting fencing materials\n- • a concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying the costs of repair or replacement of fencing\n- • a freight subsidy under the disaster recovery funding arrangements for carting emergency fodder\n- • a concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying for fodder\n- (i) replacing lost or damaged stock if the replacement is essential for immediately resuming operation of the small business or non-profit organisation;\n- (ii) leasing temporary premises for the purpose of resuming operation of the small business or non-profit organisation.\n- (a) the dwelling is used for carrying on the primary production enterprise, small business or non-profit organisation; or Example of a dwelling for paragraph (a) — a dwelling used for temporary accommodation for workers for a primary production enterprise\n- (b) for a small business—the dwelling is an asset of the business. Example of a dwelling for paragraph (b) — a dwelling that is let by a small business whose main activity involves letting dwellings\n- (a) the cost of replacing the eligible crop with a crop of the same species;\n- (b) if the primary production enterprise elects to replace the eligible crop with a crop of a different species, the lesser of— (i) the cost of replacing the eligible crop with the crop of the different species; or (ii) the cost of replacing the eligible crop with a crop of the same species.\n- (i) the cost of replacing the eligible crop with the crop of the different species; or\n- (ii) the cost of replacing the eligible crop with a crop of the same species.\n- (i) the cost of replacing the eligible crop with the crop of the different species; or\n- (ii) the cost of replacing the eligible crop with a crop of the same species.\n- (a) for a pasture-based crop—a crop that was planted not more than 1 year before the eligible disaster in which the crop was lost or damaged; or\n- (b) for sugar cane—a crop that had not had its first harvest at the time of the eligible disaster in which the crop was lost or damaged; or\n- (c) a crop other than sugar cane or a pasture-based crop.","sortOrder":315},{"sectionNumber":"sch.23-sec.9","sectionType":"section","heading":"Assistance under exceptional circumstances grant for 2019–2020 extraordinary bushfire disaster","content":"### sch.23-sec.9 Assistance under exceptional circumstances grant for 2019–2020 extraordinary bushfire disaster\n\nThis section applies to an exceptional circumstances grant for a 2019–2020 extraordinary bushfire disaster.\nThe exceptional circumstances grant may cover a cost that has been incurred for any of the following things because of direct damage caused by the eligible disaster—\nengaging a tradesperson to conduct a safety inspection of damage to a property, premises or equipment;\npurchasing, hiring or leasing equipment or materials to clean a property, premises or equipment;\nemploying a person to clean a property, premises or equipment if—\nthe cost would not ordinarily have been incurred in the absence of the eligible disaster; or\nthe cost exceeds the cost of employing a person to clean the property, premises or equipment that would ordinarily have been incurred in the absence of the eligible disaster;\nremoving or disposing of damaged goods, including any associated costs;\nfor a primary production enterprise, any of the following—\npurchasing, hiring or leasing equipment that is essential for immediately resuming operation of the primary production enterprise;\nrepairing a building or repairing or replacing fittings in a a building, if the repair or replacement is essential for resuming operation of the primary production enterprise;\nrepairing, reconditioning or replacing essential plant or equipment, including, for example, water tanks, water reticulation systems, forestry equipment and aquaculture and fishing equipment;\nremoving silt from a dam;\nrepairing or replacing fencing or horticultural netting on a property, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State;\npurchasing fodder, grain or other feed for livestock;\nagisting livestock, including any associated transport costs, other than to the extent the costs may be recovered under other assistance from the Commonwealth or State;\nassessing, treating or maintaining the health of livestock or aquaculture species;\nsalvaging, but not replacing, crops, grain, feed, fertiliser or timber;\nreplacing essential water that has been used for fire fighting;\ncarting water.\nFor subsection (2) , a reference to a building does not include a reference to a building used as a dwelling, unless—\nthe dwelling is used for carrying on the primary production enterprise or a small business or non-profit organisation; or\na dwelling used for temporary accommodation for workers for a primary production enterprise\nfor a small business or non-profit organisation—the dwelling is an asset of the small business or non-profit organisation.\na dwelling that is let by a small business whose main activity involves letting dwellings\nsch 23 s 9 prev sch 23 s 9 ins 2013 SL No. 19 s 10\nsub 2015 SL No. 74 s 7\nom 2016 SL No. 133 s 9\npres sch 23 s 9 ins 2020 SL No. 5 s 7\namd 2020 SL No. 29 s 6\n(sch.23-sec.9-ssec.1) This section applies to an exceptional circumstances grant for a 2019–2020 extraordinary bushfire disaster.\n(sch.23-sec.9-ssec.2) The exceptional circumstances grant may cover a cost that has been incurred for any of the following things because of direct damage caused by the eligible disaster— engaging a tradesperson to conduct a safety inspection of damage to a property, premises or equipment; purchasing, hiring or leasing equipment or materials to clean a property, premises or equipment; employing a person to clean a property, premises or equipment if— the cost would not ordinarily have been incurred in the absence of the eligible disaster; or the cost exceeds the cost of employing a person to clean the property, premises or equipment that would ordinarily have been incurred in the absence of the eligible disaster; removing or disposing of damaged goods, including any associated costs; for a primary production enterprise, any of the following— purchasing, hiring or leasing equipment that is essential for immediately resuming operation of the primary production enterprise; repairing a building or repairing or replacing fittings in a a building, if the repair or replacement is essential for resuming operation of the primary production enterprise; repairing, reconditioning or replacing essential plant or equipment, including, for example, water tanks, water reticulation systems, forestry equipment and aquaculture and fishing equipment; removing silt from a dam; repairing or replacing fencing or horticultural netting on a property, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State; purchasing fodder, grain or other feed for livestock; agisting livestock, including any associated transport costs, other than to the extent the costs may be recovered under other assistance from the Commonwealth or State; assessing, treating or maintaining the health of livestock or aquaculture species; salvaging, but not replacing, crops, grain, feed, fertiliser or timber; replacing essential water that has been used for fire fighting; carting water.\n(sch.23-sec.9-ssec.3) For subsection (2) , a reference to a building does not include a reference to a building used as a dwelling, unless— the dwelling is used for carrying on the primary production enterprise or a small business or non-profit organisation; or a dwelling used for temporary accommodation for workers for a primary production enterprise for a small business or non-profit organisation—the dwelling is an asset of the small business or non-profit organisation. a dwelling that is let by a small business whose main activity involves letting dwellings\n- (a) engaging a tradesperson to conduct a safety inspection of damage to a property, premises or equipment;\n- (b) purchasing, hiring or leasing equipment or materials to clean a property, premises or equipment;\n- (c) employing a person to clean a property, premises or equipment if— (i) the cost would not ordinarily have been incurred in the absence of the eligible disaster; or (ii) the cost exceeds the cost of employing a person to clean the property, premises or equipment that would ordinarily have been incurred in the absence of the eligible disaster;\n- (i) the cost would not ordinarily have been incurred in the absence of the eligible disaster; or\n- (ii) the cost exceeds the cost of employing a person to clean the property, premises or equipment that would ordinarily have been incurred in the absence of the eligible disaster;\n- (d) removing or disposing of damaged goods, including any associated costs;\n- (e) for a primary production enterprise, any of the following— (i) purchasing, hiring or leasing equipment that is essential for immediately resuming operation of the primary production enterprise; (ii) repairing a building or repairing or replacing fittings in a a building, if the repair or replacement is essential for resuming operation of the primary production enterprise; (iii) repairing, reconditioning or replacing essential plant or equipment, including, for example, water tanks, water reticulation systems, forestry equipment and aquaculture and fishing equipment; (iv) removing silt from a dam; (v) repairing or replacing fencing or horticultural netting on a property, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State; (vi) purchasing fodder, grain or other feed for livestock; (vii) agisting livestock, including any associated transport costs, other than to the extent the costs may be recovered under other assistance from the Commonwealth or State; (viii) assessing, treating or maintaining the health of livestock or aquaculture species; (ix) salvaging, but not replacing, crops, grain, feed, fertiliser or timber; (x) replacing essential water that has been used for fire fighting; (xi) carting water.\n- (i) purchasing, hiring or leasing equipment that is essential for immediately resuming operation of the primary production enterprise;\n- (ii) repairing a building or repairing or replacing fittings in a a building, if the repair or replacement is essential for resuming operation of the primary production enterprise;\n- (iii) repairing, reconditioning or replacing essential plant or equipment, including, for example, water tanks, water reticulation systems, forestry equipment and aquaculture and fishing equipment;\n- (iv) removing silt from a dam;\n- (v) repairing or replacing fencing or horticultural netting on a property, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State;\n- (vi) purchasing fodder, grain or other feed for livestock;\n- (vii) agisting livestock, including any associated transport costs, other than to the extent the costs may be recovered under other assistance from the Commonwealth or State;\n- (viii) assessing, treating or maintaining the health of livestock or aquaculture species;\n- (ix) salvaging, but not replacing, crops, grain, feed, fertiliser or timber;\n- (x) replacing essential water that has been used for fire fighting;\n- (xi) carting water.\n- (i) the cost would not ordinarily have been incurred in the absence of the eligible disaster; or\n- (ii) the cost exceeds the cost of employing a person to clean the property, premises or equipment that would ordinarily have been incurred in the absence of the eligible disaster;\n- (i) purchasing, hiring or leasing equipment that is essential for immediately resuming operation of the primary production enterprise;\n- (ii) repairing a building or repairing or replacing fittings in a a building, if the repair or replacement is essential for resuming operation of the primary production enterprise;\n- (iii) repairing, reconditioning or replacing essential plant or equipment, including, for example, water tanks, water reticulation systems, forestry equipment and aquaculture and fishing equipment;\n- (iv) removing silt from a dam;\n- (v) repairing or replacing fencing or horticultural netting on a property, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State;\n- (vi) purchasing fodder, grain or other feed for livestock;\n- (vii) agisting livestock, including any associated transport costs, other than to the extent the costs may be recovered under other assistance from the Commonwealth or State;\n- (viii) assessing, treating or maintaining the health of livestock or aquaculture species;\n- (ix) salvaging, but not replacing, crops, grain, feed, fertiliser or timber;\n- (x) replacing essential water that has been used for fire fighting;\n- (xi) carting water.\n- (a) the dwelling is used for carrying on the primary production enterprise or a small business or non-profit organisation; or Example of a dwelling for paragraph (a) — a dwelling used for temporary accommodation for workers for a primary production enterprise\n- (b) for a small business or non-profit organisation—the dwelling is an asset of the small business or non-profit organisation. Example of a dwelling for paragraph (b) — a dwelling that is let by a small business whose main activity involves letting dwellings","sortOrder":316},{"sectionNumber":"sch.23-pt.4","sectionType":"part","heading":"Eligibility for assistance","content":"# Eligibility for assistance","sortOrder":317},{"sectionNumber":"sch.23-sec.9A","sectionType":"section","heading":"Purpose of pt 4","content":"### sch.23-sec.9A Purpose of pt 4\n\nThis part provides for the eligibility of an entity for assistance under the scheme.\nsch 23 s 9A ins 2015 SL No. 74 s 8","sortOrder":318},{"sectionNumber":"sch.23-sec.10","sectionType":"section","heading":"Application may be made in 1 capacity only","content":"### sch.23-sec.10 Application may be made in 1 capacity only\n\nAn entity may apply for assistance under the scheme in only 1 of the following capacities—\nprimary producer;\nsmall business owner;\nnon-profit organisation.\nsch 23 s 10 ins 2013 SL No. 19 s 10\n- (a) primary producer;\n- (b) small business owner;\n- (c) non-profit organisation.","sortOrder":319},{"sectionNumber":"sch.23-sec.11","sectionType":"section","heading":"Eligibility criteria—primary producer","content":"### sch.23-sec.11 Eligibility criteria—primary producer\n\nAn applicant who is a primary producer is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied—\nan assistance establishment notice states that primary producers are eligible to apply for the assistance; and\neither—\nthe applicant’s primary production enterprise is located in the defined disaster area for the eligible disaster and has suffered direct damage as a result of the eligible disaster; or\nboth of the following apply—\nthe applicant’s primary production enterprise is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area;\nplant or equipment of the primary production enterprise situated in the defined disaster area has been damaged as a result of the eligible disaster; and\nthe applicant was engaged in the primary production enterprise when the eligible disaster happened; and\nthe applicant is primarily responsible for meeting the costs claimed in the application; and\nfor an applicant applying for assistance to cover the cost of a thing mentioned in section 8 (2) (g) (v) , (vi) or (vii) or 9 (2) (e) (ix) —the applicant has provided satisfactory evidence of the loss or damage to which the cost relates; and\nthe applicant intends to re-establish the primary production enterprise in the defined disaster area for the eligible disaster.\nTo remove any doubt, it is declared that subsection (1) (e) is not limited by section 18 .\nSubsection (1) (d) to (f) does not apply to an applicant if—\nthe applicant’s application for assistance is for the January–February 2019 Queensland flood disaster; and\nan assistance establishment notice for the disaster states that this subsection applies to the applicant.\nAlso, subsection (1) (d) does not apply to an applicant if—\nthe applicant’s application for assistance is for a 2019–2020 extraordinary bushfire disaster; and\nthe assistance establishment notice for the disaster states that this subsection applies to the applicant.\nsch 23 s 11 ins 2013 SL No. 19 s 10\nsub 2015 SL No. 74 s 9\namd 2018 SL No. 172 s 39 ; 2019 SL No. 8 s 5 ; 2020 SL No. 5 s 8 ; 2020 SL No. 29 s 7\n(sch.23-sec.11-ssec.1) An applicant who is a primary producer is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied— an assistance establishment notice states that primary producers are eligible to apply for the assistance; and either— the applicant’s primary production enterprise is located in the defined disaster area for the eligible disaster and has suffered direct damage as a result of the eligible disaster; or both of the following apply— the applicant’s primary production enterprise is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area; plant or equipment of the primary production enterprise situated in the defined disaster area has been damaged as a result of the eligible disaster; and the applicant was engaged in the primary production enterprise when the eligible disaster happened; and the applicant is primarily responsible for meeting the costs claimed in the application; and for an applicant applying for assistance to cover the cost of a thing mentioned in section 8 (2) (g) (v) , (vi) or (vii) or 9 (2) (e) (ix) —the applicant has provided satisfactory evidence of the loss or damage to which the cost relates; and the applicant intends to re-establish the primary production enterprise in the defined disaster area for the eligible disaster.\n(sch.23-sec.11-ssec.2) To remove any doubt, it is declared that subsection (1) (e) is not limited by section 18 .\n(sch.23-sec.11-ssec.3) Subsection (1) (d) to (f) does not apply to an applicant if— the applicant’s application for assistance is for the January–February 2019 Queensland flood disaster; and an assistance establishment notice for the disaster states that this subsection applies to the applicant.\n(sch.23-sec.11-ssec.4) Also, subsection (1) (d) does not apply to an applicant if— the applicant’s application for assistance is for a 2019–2020 extraordinary bushfire disaster; and the assistance establishment notice for the disaster states that this subsection applies to the applicant.\n- (a) an assistance establishment notice states that primary producers are eligible to apply for the assistance; and\n- (b) either— (i) the applicant’s primary production enterprise is located in the defined disaster area for the eligible disaster and has suffered direct damage as a result of the eligible disaster; or (ii) both of the following apply— (A) the applicant’s primary production enterprise is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area; (B) plant or equipment of the primary production enterprise situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (i) the applicant’s primary production enterprise is located in the defined disaster area for the eligible disaster and has suffered direct damage as a result of the eligible disaster; or\n- (ii) both of the following apply— (A) the applicant’s primary production enterprise is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area; (B) plant or equipment of the primary production enterprise situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (A) the applicant’s primary production enterprise is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area;\n- (B) plant or equipment of the primary production enterprise situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (c) the applicant was engaged in the primary production enterprise when the eligible disaster happened; and\n- (d) the applicant is primarily responsible for meeting the costs claimed in the application; and\n- (e) for an applicant applying for assistance to cover the cost of a thing mentioned in section 8 (2) (g) (v) , (vi) or (vii) or 9 (2) (e) (ix) —the applicant has provided satisfactory evidence of the loss or damage to which the cost relates; and\n- (f) the applicant intends to re-establish the primary production enterprise in the defined disaster area for the eligible disaster.\n- (i) the applicant’s primary production enterprise is located in the defined disaster area for the eligible disaster and has suffered direct damage as a result of the eligible disaster; or\n- (ii) both of the following apply— (A) the applicant’s primary production enterprise is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area; (B) plant or equipment of the primary production enterprise situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (A) the applicant’s primary production enterprise is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area;\n- (B) plant or equipment of the primary production enterprise situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (A) the applicant’s primary production enterprise is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area;\n- (B) plant or equipment of the primary production enterprise situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (a) the applicant’s application for assistance is for the January–February 2019 Queensland flood disaster; and\n- (b) an assistance establishment notice for the disaster states that this subsection applies to the applicant.\n- (a) the applicant’s application for assistance is for a 2019–2020 extraordinary bushfire disaster; and\n- (b) the assistance establishment notice for the disaster states that this subsection applies to the applicant.","sortOrder":320},{"sectionNumber":"sch.23-sec.12","sectionType":"section","heading":"Eligibility criteria—small business owner","content":"### sch.23-sec.12 Eligibility criteria—small business owner\n\nAn applicant who is a small business owner is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied—\nan assistance establishment notice states that small business owners are eligible to apply for the assistance; and\neither—\nthe applicant’s small business is located in the defined disaster area for the eligible disaster and has suffered direct damage as a result of the eligible disaster; or\nboth of the following apply—\nthe applicant’s small business is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area;\nplant or equipment of the small business situated in the defined disaster area has been damaged as a result of the eligible disaster; and\nthe applicant was engaged in carrying on the small business when the eligible disaster happened; and\nthe applicant is primarily responsible for meeting the costs claimed in the application; and\nthe applicant intends to re-establish the small business in the defined disaster area for the eligible disaster.\nHowever, an applicant is not eligible for assistance under the scheme for damage to a property the applicant lets to a person for residential or commercial purposes, unless the applicant lets the property in the course of operating a business.\nSubsection (1) (d) does not apply to an applicant if—\nthe applicant’s application for assistance is for a 2019–2020 extraordinary bushfire disaster; and\nthe assistance establishment notice for the disaster states that this subsection applies to the applicant.\nsch 23 s 12 ins 2013 SL No. 19 s 10\namd 2015 SL No. 74 s 10 ; 2016 SL No. 133 s 10 ; 2018 SL No. 172 s 40 ; 2020 SL No. 29 s 8\n(sch.23-sec.12-ssec.1) An applicant who is a small business owner is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied— an assistance establishment notice states that small business owners are eligible to apply for the assistance; and either— the applicant’s small business is located in the defined disaster area for the eligible disaster and has suffered direct damage as a result of the eligible disaster; or both of the following apply— the applicant’s small business is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area; plant or equipment of the small business situated in the defined disaster area has been damaged as a result of the eligible disaster; and the applicant was engaged in carrying on the small business when the eligible disaster happened; and the applicant is primarily responsible for meeting the costs claimed in the application; and the applicant intends to re-establish the small business in the defined disaster area for the eligible disaster.\n(sch.23-sec.12-ssec.2) However, an applicant is not eligible for assistance under the scheme for damage to a property the applicant lets to a person for residential or commercial purposes, unless the applicant lets the property in the course of operating a business.\n(sch.23-sec.12-ssec.3) Subsection (1) (d) does not apply to an applicant if— the applicant’s application for assistance is for a 2019–2020 extraordinary bushfire disaster; and the assistance establishment notice for the disaster states that this subsection applies to the applicant.\n- (a) an assistance establishment notice states that small business owners are eligible to apply for the assistance; and\n- (b) either— (i) the applicant’s small business is located in the defined disaster area for the eligible disaster and has suffered direct damage as a result of the eligible disaster; or (ii) both of the following apply— (A) the applicant’s small business is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area; (B) plant or equipment of the small business situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (i) the applicant’s small business is located in the defined disaster area for the eligible disaster and has suffered direct damage as a result of the eligible disaster; or\n- (ii) both of the following apply— (A) the applicant’s small business is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area; (B) plant or equipment of the small business situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (A) the applicant’s small business is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area;\n- (B) plant or equipment of the small business situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (c) the applicant was engaged in carrying on the small business when the eligible disaster happened; and\n- (d) the applicant is primarily responsible for meeting the costs claimed in the application; and\n- (e) the applicant intends to re-establish the small business in the defined disaster area for the eligible disaster.\n- (i) the applicant’s small business is located in the defined disaster area for the eligible disaster and has suffered direct damage as a result of the eligible disaster; or\n- (ii) both of the following apply— (A) the applicant’s small business is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area; (B) plant or equipment of the small business situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (A) the applicant’s small business is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area;\n- (B) plant or equipment of the small business situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (A) the applicant’s small business is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area;\n- (B) plant or equipment of the small business situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (a) the applicant’s application for assistance is for a 2019–2020 extraordinary bushfire disaster; and\n- (b) the assistance establishment notice for the disaster states that this subsection applies to the applicant.","sortOrder":321},{"sectionNumber":"sch.23-sec.13","sectionType":"section","heading":"Eligibility criteria—non-profit organisation","content":"### sch.23-sec.13 Eligibility criteria—non-profit organisation\n\nAn applicant that is a non-profit organisation is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied—\nan assistance establishment notice states that non-profit organisations are eligible to apply for the assistance; and\neither—\nthe non-profit organisation is located in the defined disaster area for the eligible disaster and its means for conducting its operations have suffered direct damage as a result of the eligible disaster; or\nboth of the following apply—\nthe non-profit organisation is located outside the defined disaster area for the eligible disaster but is operated at least sometimes on a regular basis in the area;\nplant or equipment of the non-profit organisation situated in the defined disaster area has been damaged as a result of the eligible disaster; and\nthe applicant was engaged in conducting its operations when the eligible disaster happened; and\nthe applicant is primarily responsible for meeting the costs claimed in the application; and\nthe applicant can not repair or replace assets directly damaged as a result of the eligible disaster from the applicant’s own resources without assistance under the scheme; and\nthe applicant intends to re-establish its operations in the defined disaster area for the eligible disaster.\nHowever, a non-profit organisation is not eligible for assistance under the scheme for an eligible disaster if—\nthe disaster recovery funding arrangements activated for the eligible disaster include a community recovery fund; and\nthe non-profit organisation has claimed or received a grant under the community recovery fund for the eligible disaster.\nSubsection (1) (d) does not apply to an applicant if—\nthe applicant’s application for assistance is for a 2019–2020 extraordinary bushfire disaster; and\nthe assistance establishment notice for the disaster states that this subsection applies to the applicant.\nsch 23 s 13 ins 2013 SL No. 19 s 10\nsub 2015 SL No. 74 s 11\namd 2016 SL No. 133 s 11 ; 2018 SL No. 172 s 41 ; 2020 SL No. 29 s 9\n(sch.23-sec.13-ssec.1) An applicant that is a non-profit organisation is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied— an assistance establishment notice states that non-profit organisations are eligible to apply for the assistance; and either— the non-profit organisation is located in the defined disaster area for the eligible disaster and its means for conducting its operations have suffered direct damage as a result of the eligible disaster; or both of the following apply— the non-profit organisation is located outside the defined disaster area for the eligible disaster but is operated at least sometimes on a regular basis in the area; plant or equipment of the non-profit organisation situated in the defined disaster area has been damaged as a result of the eligible disaster; and the applicant was engaged in conducting its operations when the eligible disaster happened; and the applicant is primarily responsible for meeting the costs claimed in the application; and the applicant can not repair or replace assets directly damaged as a result of the eligible disaster from the applicant’s own resources without assistance under the scheme; and the applicant intends to re-establish its operations in the defined disaster area for the eligible disaster.\n(sch.23-sec.13-ssec.2) However, a non-profit organisation is not eligible for assistance under the scheme for an eligible disaster if— the disaster recovery funding arrangements activated for the eligible disaster include a community recovery fund; and the non-profit organisation has claimed or received a grant under the community recovery fund for the eligible disaster.\n(sch.23-sec.13-ssec.3) Subsection (1) (d) does not apply to an applicant if— the applicant’s application for assistance is for a 2019–2020 extraordinary bushfire disaster; and the assistance establishment notice for the disaster states that this subsection applies to the applicant.\n- (a) an assistance establishment notice states that non-profit organisations are eligible to apply for the assistance; and\n- (b) either— (i) the non-profit organisation is located in the defined disaster area for the eligible disaster and its means for conducting its operations have suffered direct damage as a result of the eligible disaster; or (ii) both of the following apply— (A) the non-profit organisation is located outside the defined disaster area for the eligible disaster but is operated at least sometimes on a regular basis in the area; (B) plant or equipment of the non-profit organisation situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (i) the non-profit organisation is located in the defined disaster area for the eligible disaster and its means for conducting its operations have suffered direct damage as a result of the eligible disaster; or\n- (ii) both of the following apply— (A) the non-profit organisation is located outside the defined disaster area for the eligible disaster but is operated at least sometimes on a regular basis in the area; (B) plant or equipment of the non-profit organisation situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (A) the non-profit organisation is located outside the defined disaster area for the eligible disaster but is operated at least sometimes on a regular basis in the area;\n- (B) plant or equipment of the non-profit organisation situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (c) the applicant was engaged in conducting its operations when the eligible disaster happened; and\n- (d) the applicant is primarily responsible for meeting the costs claimed in the application; and\n- (e) the applicant can not repair or replace assets directly damaged as a result of the eligible disaster from the applicant’s own resources without assistance under the scheme; and\n- (f) the applicant intends to re-establish its operations in the defined disaster area for the eligible disaster.\n- (i) the non-profit organisation is located in the defined disaster area for the eligible disaster and its means for conducting its operations have suffered direct damage as a result of the eligible disaster; or\n- (ii) both of the following apply— (A) the non-profit organisation is located outside the defined disaster area for the eligible disaster but is operated at least sometimes on a regular basis in the area; (B) plant or equipment of the non-profit organisation situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (A) the non-profit organisation is located outside the defined disaster area for the eligible disaster but is operated at least sometimes on a regular basis in the area;\n- (B) plant or equipment of the non-profit organisation situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (A) the non-profit organisation is located outside the defined disaster area for the eligible disaster but is operated at least sometimes on a regular basis in the area;\n- (B) plant or equipment of the non-profit organisation situated in the defined disaster area has been damaged as a result of the eligible disaster; and\n- (a) the disaster recovery funding arrangements activated for the eligible disaster include a community recovery fund; and\n- (b) the non-profit organisation has claimed or received a grant under the community recovery fund for the eligible disaster.\n- (a) the applicant’s application for assistance is for a 2019–2020 extraordinary bushfire disaster; and\n- (b) the assistance establishment notice for the disaster states that this subsection applies to the applicant.","sortOrder":322},{"sectionNumber":"sch.23-sec.13A","sectionType":"section","heading":"Restrictions on eligibility relating to national redress scheme","content":"### sch.23-sec.13A Restrictions on eligibility relating to national redress scheme\n\nA primary producer, small business owner or non-profit organisation (each a relevant entity ) is not eligible for assistance under the scheme if the relevant entity—\nis a non-government institution; and\nis the subject of a disqualifying disclosure.\nFor subsection (1) , a relevant entity is the subject of a disqualifying disclosure if the national redress scheme operator makes both of the following disclosures about the relevant entity on the scheme website—\na disclosure authorised under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 95A (1) ;\na disclosure authorised under section 95A (2) (c) , (e) or (g) of that Act.\nThis section applies despite sections 11 , 12 and 13 .\nIn this section—\nnational redress scheme means the National Redress Scheme for Institutional Child Sexual Abuse established under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 8 .\nnational redress scheme operator means the National Redress Scheme Operator within the meaning of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 6 .\nnon-government institution see the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 114 (2) and (3) .\nscheme website means the website maintained for the national redress scheme by the national redress scheme operator.\nThe scheme website is www.nationalredress.gov.au.\nsch 23 s 13A ins 2025 SL No. 169 s 9\n(sch.23-sec.13A-ssec.1) A primary producer, small business owner or non-profit organisation (each a relevant entity ) is not eligible for assistance under the scheme if the relevant entity— is a non-government institution; and is the subject of a disqualifying disclosure.\n(sch.23-sec.13A-ssec.2) For subsection (1) , a relevant entity is the subject of a disqualifying disclosure if the national redress scheme operator makes both of the following disclosures about the relevant entity on the scheme website— a disclosure authorised under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 95A (1) ; a disclosure authorised under section 95A (2) (c) , (e) or (g) of that Act.\n(sch.23-sec.13A-ssec.3) This section applies despite sections 11 , 12 and 13 .\n(sch.23-sec.13A-ssec.4) In this section— national redress scheme means the National Redress Scheme for Institutional Child Sexual Abuse established under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 8 . national redress scheme operator means the National Redress Scheme Operator within the meaning of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 6 . non-government institution see the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 114 (2) and (3) . scheme website means the website maintained for the national redress scheme by the national redress scheme operator. The scheme website is www.nationalredress.gov.au.\n- (a) is a non-government institution; and\n- (b) is the subject of a disqualifying disclosure.\n- (a) a disclosure authorised under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 95A (1) ;\n- (b) a disclosure authorised under section 95A (2) (c) , (e) or (g) of that Act.","sortOrder":323},{"sectionNumber":"sch.23-sec.14","sectionType":"section","heading":"Additional restrictions on eligibility—non-profit organisation","content":"### sch.23-sec.14 Additional restrictions on eligibility—non-profit organisation\n\nA non-profit organisation is not eligible for assistance under the scheme for an item for which a claim is made in the application if the non-profit organisation has received or been approved to receive financial assistance, other than partial assistance, under another scheme, whether or not of the Commonwealth government or another government.\nIn this section—\npartial assistance , in relation to another scheme, means assistance under that scheme to fund part of the cost of the item for which a claim is made in the application.\nsch 23 s 14 ins 2013 SL No. 19 s 10\n(sch.23-sec.14-ssec.1) A non-profit organisation is not eligible for assistance under the scheme for an item for which a claim is made in the application if the non-profit organisation has received or been approved to receive financial assistance, other than partial assistance, under another scheme, whether or not of the Commonwealth government or another government.\n(sch.23-sec.14-ssec.2) In this section— partial assistance , in relation to another scheme, means assistance under that scheme to fund part of the cost of the item for which a claim is made in the application.","sortOrder":324},{"sectionNumber":"sch.23-sec.15","sectionType":"section","heading":"Eligibility for standard grant","content":"### sch.23-sec.15 Eligibility for standard grant\n\nAn applicant is eligible for a standard grant for an eligible disaster if—\nan assistance establishment notice states that assistance for the eligible disaster is available by way of a standard grant; and\nthe applicant has not applied for an exceptional circumstances grant for the eligible disaster.\nsch 23 s 15 ins 2013 SL No. 19 s 10\nsub 2015 SL No. 74 s 12\n- (a) an assistance establishment notice states that assistance for the eligible disaster is available by way of a standard grant; and\n- (b) the applicant has not applied for an exceptional circumstances grant for the eligible disaster.","sortOrder":325},{"sectionNumber":"sch.23-sec.16","sectionType":"section","heading":"Eligibility for exceptional circumstances grant","content":"### sch.23-sec.16 Eligibility for exceptional circumstances grant\n\nAn applicant is eligible for an exceptional circumstances grant for an eligible disaster if—\nan assistance establishment notice states that assistance for the eligible disaster is available by way of an exceptional circumstances grant; and\nthe applicant has not applied for a standard grant for the eligible disaster; and\nfor a 2019–2020 extraordinary bushfire disaster—no other entity has applied for assistance for the primary production enterprise the subject of the applicant’s application; and\nthe applicant consents to the authority obtaining information or documents from an insurer about the applicant’s primary production enterprise, small business or means for conducting its operations as a non-profit organisation, to allow the authority to verify the applicant’s entitlements under an insurance policy taken out with the insurer.\nHowever, if the applicant’s application for assistance is for a 2019–2020 extraordinary bushfire disaster, the applicant is not eligible for an exceptional circumstances grant for the eligible disaster to the extent the applicant has received, or has been approved to receive, financial assistance under another Commonwealth or State assistance scheme for costs incurred for a thing mentioned in section 9 (2) .\nSubsection (1) (d) does not apply to an applicant if—\nthe applicant’s application for assistance is for—\nthe January–February 2019 Queensland flood disaster; or\na 2019–2020 extraordinary bushfire disaster; and\nan assistance establishment notice for the disaster states that this subsection applies to the applicant.\nsch 23 s 16 ins 2013 SL No. 19 s 10\nsub 2015 SL No. 74 s 12\namd 2019 SL No. 8 s 6 ; 2020 SL No. 5 s 9 ; 2020 SL No. 29 s 10\n(sch.23-sec.16-ssec.1) An applicant is eligible for an exceptional circumstances grant for an eligible disaster if— an assistance establishment notice states that assistance for the eligible disaster is available by way of an exceptional circumstances grant; and the applicant has not applied for a standard grant for the eligible disaster; and for a 2019–2020 extraordinary bushfire disaster—no other entity has applied for assistance for the primary production enterprise the subject of the applicant’s application; and the applicant consents to the authority obtaining information or documents from an insurer about the applicant’s primary production enterprise, small business or means for conducting its operations as a non-profit organisation, to allow the authority to verify the applicant’s entitlements under an insurance policy taken out with the insurer.\n(sch.23-sec.16-ssec.1A) However, if the applicant’s application for assistance is for a 2019–2020 extraordinary bushfire disaster, the applicant is not eligible for an exceptional circumstances grant for the eligible disaster to the extent the applicant has received, or has been approved to receive, financial assistance under another Commonwealth or State assistance scheme for costs incurred for a thing mentioned in section 9 (2) .\n(sch.23-sec.16-ssec.2) Subsection (1) (d) does not apply to an applicant if— the applicant’s application for assistance is for— the January–February 2019 Queensland flood disaster; or a 2019–2020 extraordinary bushfire disaster; and an assistance establishment notice for the disaster states that this subsection applies to the applicant.\n- (a) an assistance establishment notice states that assistance for the eligible disaster is available by way of an exceptional circumstances grant; and\n- (b) the applicant has not applied for a standard grant for the eligible disaster; and\n- (c) for a 2019–2020 extraordinary bushfire disaster—no other entity has applied for assistance for the primary production enterprise the subject of the applicant’s application; and\n- (d) the applicant consents to the authority obtaining information or documents from an insurer about the applicant’s primary production enterprise, small business or means for conducting its operations as a non-profit organisation, to allow the authority to verify the applicant’s entitlements under an insurance policy taken out with the insurer.\n- (a) the applicant’s application for assistance is for— (i) the January–February 2019 Queensland flood disaster; or (ii) a 2019–2020 extraordinary bushfire disaster; and\n- (i) the January–February 2019 Queensland flood disaster; or\n- (ii) a 2019–2020 extraordinary bushfire disaster; and\n- (b) an assistance establishment notice for the disaster states that this subsection applies to the applicant.\n- (i) the January–February 2019 Queensland flood disaster; or\n- (ii) a 2019–2020 extraordinary bushfire disaster; and","sortOrder":326},{"sectionNumber":"sch.23-sec.17","sectionType":"section","heading":"Effect of insurance on eligibility for exceptional circumstances grant","content":"### sch.23-sec.17 Effect of insurance on eligibility for exceptional circumstances grant\n\nThis section applies to an applicant for assistance for an eligible disaster by way of an exceptional circumstances grant if the applicant receives, or is entitled to receive, an amount under a policy of insurance for a relevant cost relating to direct damage caused by the eligible disaster.\nThe applicant is not eligible to receive assistance under the scheme to cover the relevant cost.\nThis section does not apply to an applicant if—\nthe applicant’s application for assistance is for the January–February 2019 Queensland flood disaster; and\nan assistance establishment notice for the disaster states that this subsection applies to the applicant.\nIn this section—\nrelevant cost means the cost of any of the things to which section 8 (2) or 9 (2) applies.\nsch 23 s 17 ins 2013 SL No. 19 s 10\nsub 2015 SL No. 74 s 12\namd 2016 SL No. 133 s 12 ; 2018 SL No. 172 s 42 ; 2019 SL No. 8 s 7 ; 2020 SL No. 5 s 10 ; 2020 SL No. 29 s 11\n(sch.23-sec.17-ssec.1) This section applies to an applicant for assistance for an eligible disaster by way of an exceptional circumstances grant if the applicant receives, or is entitled to receive, an amount under a policy of insurance for a relevant cost relating to direct damage caused by the eligible disaster.\n(sch.23-sec.17-ssec.2) The applicant is not eligible to receive assistance under the scheme to cover the relevant cost.\n(sch.23-sec.17-ssec.2A) This section does not apply to an applicant if— the applicant’s application for assistance is for the January–February 2019 Queensland flood disaster; and an assistance establishment notice for the disaster states that this subsection applies to the applicant.\n(sch.23-sec.17-ssec.3) In this section— relevant cost means the cost of any of the things to which section 8 (2) or 9 (2) applies.\n- (a) the applicant’s application for assistance is for the January–February 2019 Queensland flood disaster; and\n- (b) an assistance establishment notice for the disaster states that this subsection applies to the applicant.","sortOrder":327},{"sectionNumber":"sch.23-sec.18","sectionType":"section","heading":"Financial evidence for application","content":"### sch.23-sec.18 Financial evidence for application\n\nSubsection (3) applies in relation to an application for assistance under the scheme for an eligible disaster—\nif the assistance establishment notice for the disaster states subsection (3) applies to the application; and\nin relation to the amount of the assistance stated in the notice.\nAlso, if an eligible entity applies for assistance for damage suffered in 2 or more disaster zones, and the assistance establishment notice states that subsection (3) applies in relation to any of those zones, then subsection (3) applies to the application in relation to all of the zones.\nAn applicant is eligible for assistance for the eligible disaster only if the applicant provides evidence to the authority, in the form of tax invoices, official receipts for payment or bank statements, that all amounts claimed by the applicant under the scheme have been paid by the applicant.\nsch 23 s 18 ins 2013 SL No. 19 s 10\nsub 2015 SL No. 74 s 12\n(sch.23-sec.18-ssec.1) Subsection (3) applies in relation to an application for assistance under the scheme for an eligible disaster— if the assistance establishment notice for the disaster states subsection (3) applies to the application; and in relation to the amount of the assistance stated in the notice.\n(sch.23-sec.18-ssec.2) Also, if an eligible entity applies for assistance for damage suffered in 2 or more disaster zones, and the assistance establishment notice states that subsection (3) applies in relation to any of those zones, then subsection (3) applies to the application in relation to all of the zones.\n(sch.23-sec.18-ssec.3) An applicant is eligible for assistance for the eligible disaster only if the applicant provides evidence to the authority, in the form of tax invoices, official receipts for payment or bank statements, that all amounts claimed by the applicant under the scheme have been paid by the applicant.\n- (a) if the assistance establishment notice for the disaster states subsection (3) applies to the application; and\n- (b) in relation to the amount of the assistance stated in the notice.","sortOrder":328},{"sectionNumber":"sch.23-pt.5","sectionType":"part","heading":"Conditions of assistance","content":"# Conditions of assistance","sortOrder":329},{"sectionNumber":"sch.23-sec.19","sectionType":"section","heading":"Keeping records for audit","content":"### sch.23-sec.19 Keeping records for audit\n\nPayment of assistance under the scheme is subject to the following conditions—\nan applicant must, until 1 year after the closing day for the applicant’s application for assistance, keep the following records for amounts for which the applicant has received assistance under the scheme—\nall tax invoices, official receipts, bank statements or other similar records of amounts paid;\nall quotations or other similar records of amounts claimed;\nan applicant must consent to the authority conducting an audit of the records mentioned in paragraph (a) to allow the authority to verify that amounts given to the applicant under the scheme have been used in accordance with the application for assistance.\nThis section does not apply to the payment of an exceptional circumstances grant if—\nthe grant is for the January–February 2019 Queensland flood disaster; and\nan assistance establishment notice for the disaster states that this subsection applies to the applicant for the grant.\nsch 23 s 19 ins 2013 SL No. 19 s 10\nsub 2015 SL No. 74 s 12\namd 2019 SL No. 8 s 8\n(sch.23-sec.19-ssec.1) Payment of assistance under the scheme is subject to the following conditions— an applicant must, until 1 year after the closing day for the applicant’s application for assistance, keep the following records for amounts for which the applicant has received assistance under the scheme— all tax invoices, official receipts, bank statements or other similar records of amounts paid; all quotations or other similar records of amounts claimed; an applicant must consent to the authority conducting an audit of the records mentioned in paragraph (a) to allow the authority to verify that amounts given to the applicant under the scheme have been used in accordance with the application for assistance.\n(sch.23-sec.19-ssec.2) This section does not apply to the payment of an exceptional circumstances grant if— the grant is for the January–February 2019 Queensland flood disaster; and an assistance establishment notice for the disaster states that this subsection applies to the applicant for the grant.\n- (a) an applicant must, until 1 year after the closing day for the applicant’s application for assistance, keep the following records for amounts for which the applicant has received assistance under the scheme— (i) all tax invoices, official receipts, bank statements or other similar records of amounts paid; (ii) all quotations or other similar records of amounts claimed;\n- (i) all tax invoices, official receipts, bank statements or other similar records of amounts paid;\n- (ii) all quotations or other similar records of amounts claimed;\n- (b) an applicant must consent to the authority conducting an audit of the records mentioned in paragraph (a) to allow the authority to verify that amounts given to the applicant under the scheme have been used in accordance with the application for assistance.\n- (i) all tax invoices, official receipts, bank statements or other similar records of amounts paid;\n- (ii) all quotations or other similar records of amounts claimed;\n- (a) the grant is for the January–February 2019 Queensland flood disaster; and\n- (b) an assistance establishment notice for the disaster states that this subsection applies to the applicant for the grant.","sortOrder":330},{"sectionNumber":"sch.23-pt.6","sectionType":"part","heading":"Amount of assistance","content":"# Amount of assistance","sortOrder":331},{"sectionNumber":"sch.23-sec.20","sectionType":"section","heading":"Maximum amount of assistance","content":"### sch.23-sec.20 Maximum amount of assistance\n\nSubject to sections 20A to 22 , the maximum amount of assistance that may be given under the scheme to an eligible entity for an eligible disaster is the amount stated in the assistance establishment notice for the eligible disaster.\nsch 23 s 20 ins 2013 SL No. 19 s 10\namd 2015 SL No. 74 s 14","sortOrder":332},{"sectionNumber":"sch.23-sec.20A","sectionType":"section","heading":"Assistance given for damage in 2 or more disaster zones","content":"### sch.23-sec.20A Assistance given for damage in 2 or more disaster zones\n\nThis section applies if—\nassistance is given under the scheme to an eligible entity for damage suffered in 2 or more disaster zones; and\nthe assistance establishment notice states different maximum total amounts of assistance applying to those disaster zones.\nThe maximum total amount of assistance that may be given to the entity is the highest of the amounts mentioned in subsection (1) (b) .\nsch 23 s 20A ins 2015 SL No. 74 s 15\n(sch.23-sec.20A-ssec.1) This section applies if— assistance is given under the scheme to an eligible entity for damage suffered in 2 or more disaster zones; and the assistance establishment notice states different maximum total amounts of assistance applying to those disaster zones.\n(sch.23-sec.20A-ssec.2) The maximum total amount of assistance that may be given to the entity is the highest of the amounts mentioned in subsection (1) (b) .\n- (a) assistance is given under the scheme to an eligible entity for damage suffered in 2 or more disaster zones; and\n- (b) the assistance establishment notice states different maximum total amounts of assistance applying to those disaster zones.","sortOrder":333},{"sectionNumber":"sch.23-sec.21","sectionType":"section","heading":"Special provisions for primary producers and small business owners","content":"### sch.23-sec.21 Special provisions for primary producers and small business owners\n\nThis section applies if—\neither—\nan eligible entity that is a primary producer carries on more than 1 primary production enterprise (each a separate business ) at separate locations; or\nan eligible entity that is a small business owner carries on more than 1 small business (each also a separate business ) at separate locations; and\nthe authority is satisfied the separate business would be a commercially viable and autonomous business (an eligible separate business ) if the other separate businesses carried on by the eligible entity ceased to operate.\nThe eligible entity may apply for assistance under the scheme for each eligible separate business as if each eligible separate business were a separate primary production enterprise or small business in relation to which the applicant may be eligible for assistance under the scheme.\nThe maximum amount of assistance that may be given under the scheme to an eligible entity for each eligible separate business, for an eligible disaster, is the maximum amount of the assistance stated in the assistance establishment notice under section 6A (1) (d) .\nFor subsection (1) (b) , the authority may have regard to the following—\nthe staffing arrangements of the separate business;\nwhether the separate business has its own plant, equipment or stock;\nthe accounting and insurance arrangements of the separate business;\nwhether the separate business operates under its own trading name.\nSubsection (4) does not limit the matters to which the authority may have regard.\nsch 23 s 21 ins 2013 SL No. 19 s 10\namd 2015 SL No. 74 s 16\n(sch.23-sec.21-ssec.1) This section applies if— either— an eligible entity that is a primary producer carries on more than 1 primary production enterprise (each a separate business ) at separate locations; or an eligible entity that is a small business owner carries on more than 1 small business (each also a separate business ) at separate locations; and the authority is satisfied the separate business would be a commercially viable and autonomous business (an eligible separate business ) if the other separate businesses carried on by the eligible entity ceased to operate.\n(sch.23-sec.21-ssec.2) The eligible entity may apply for assistance under the scheme for each eligible separate business as if each eligible separate business were a separate primary production enterprise or small business in relation to which the applicant may be eligible for assistance under the scheme.\n(sch.23-sec.21-ssec.3) The maximum amount of assistance that may be given under the scheme to an eligible entity for each eligible separate business, for an eligible disaster, is the maximum amount of the assistance stated in the assistance establishment notice under section 6A (1) (d) .\n(sch.23-sec.21-ssec.4) For subsection (1) (b) , the authority may have regard to the following— the staffing arrangements of the separate business; whether the separate business has its own plant, equipment or stock; the accounting and insurance arrangements of the separate business; whether the separate business operates under its own trading name.\n(sch.23-sec.21-ssec.5) Subsection (4) does not limit the matters to which the authority may have regard.\n- (a) either— (i) an eligible entity that is a primary producer carries on more than 1 primary production enterprise (each a separate business ) at separate locations; or (ii) an eligible entity that is a small business owner carries on more than 1 small business (each also a separate business ) at separate locations; and\n- (i) an eligible entity that is a primary producer carries on more than 1 primary production enterprise (each a separate business ) at separate locations; or\n- (ii) an eligible entity that is a small business owner carries on more than 1 small business (each also a separate business ) at separate locations; and\n- (b) the authority is satisfied the separate business would be a commercially viable and autonomous business (an eligible separate business ) if the other separate businesses carried on by the eligible entity ceased to operate.\n- (i) an eligible entity that is a primary producer carries on more than 1 primary production enterprise (each a separate business ) at separate locations; or\n- (ii) an eligible entity that is a small business owner carries on more than 1 small business (each also a separate business ) at separate locations; and\n- (a) the staffing arrangements of the separate business;\n- (b) whether the separate business has its own plant, equipment or stock;\n- (c) the accounting and insurance arrangements of the separate business;\n- (d) whether the separate business operates under its own trading name.","sortOrder":334},{"sectionNumber":"sch.23-sec.22","sectionType":"section","heading":"Special provisions for non-profit organisations","content":"### sch.23-sec.22 Special provisions for non-profit organisations\n\nThis section applies if—\nan eligible entity that is a non-profit organisation carries on more than 1 operation (each a separate non-profit operation ) as a non-profit organisation; and\nthe authority is satisfied each separate non-profit operation (an eligible separate operation ) would continue to run autonomously if other separate non-profit operations carried on by the eligible entity ceased to operate.\nThe eligible entity may apply for assistance under the scheme for each eligible separate operation as if each eligible separate operation were a separate non-profit organisation in relation to which the applicant may be eligible for assistance under the scheme.\nThe maximum amount of assistance that may be given under the scheme to an eligible entity for each eligible separate operation for an eligible disaster is the maximum amount of the assistance stated in the assistance establishment notice under section 6A (1) (d) .\nFor subsection (1) (b) , the authority may have regard to the following—\nthe staffing arrangements of the separate operation;\nthe accounting and insurance arrangements of the separate operation;\nwhether the separate operation operates under its own trading name;\nthe financial independence and autonomy of the separate operation.\nSubsection (4) does not limit the matters to which the authority may have regard.\nsch 23 s 22 ins 2013 SL No. 19 s 10\namd 2015 SL No. 74 s 17\n(sch.23-sec.22-ssec.1) This section applies if— an eligible entity that is a non-profit organisation carries on more than 1 operation (each a separate non-profit operation ) as a non-profit organisation; and the authority is satisfied each separate non-profit operation (an eligible separate operation ) would continue to run autonomously if other separate non-profit operations carried on by the eligible entity ceased to operate.\n(sch.23-sec.22-ssec.2) The eligible entity may apply for assistance under the scheme for each eligible separate operation as if each eligible separate operation were a separate non-profit organisation in relation to which the applicant may be eligible for assistance under the scheme.\n(sch.23-sec.22-ssec.3) The maximum amount of assistance that may be given under the scheme to an eligible entity for each eligible separate operation for an eligible disaster is the maximum amount of the assistance stated in the assistance establishment notice under section 6A (1) (d) .\n(sch.23-sec.22-ssec.4) For subsection (1) (b) , the authority may have regard to the following— the staffing arrangements of the separate operation; the accounting and insurance arrangements of the separate operation; whether the separate operation operates under its own trading name; the financial independence and autonomy of the separate operation.\n(sch.23-sec.22-ssec.5) Subsection (4) does not limit the matters to which the authority may have regard.\n- (a) an eligible entity that is a non-profit organisation carries on more than 1 operation (each a separate non-profit operation ) as a non-profit organisation; and\n- (b) the authority is satisfied each separate non-profit operation (an eligible separate operation ) would continue to run autonomously if other separate non-profit operations carried on by the eligible entity ceased to operate.\n- (a) the staffing arrangements of the separate operation;\n- (b) the accounting and insurance arrangements of the separate operation;\n- (c) whether the separate operation operates under its own trading name;\n- (d) the financial independence and autonomy of the separate operation.","sortOrder":335},{"sectionNumber":"sch.23-pt.7","sectionType":"part","heading":"Other provisions about applications","content":"# Other provisions about applications","sortOrder":336},{"sectionNumber":"sch.23-sec.23","sectionType":"section","heading":"Requirements for applications","content":"### sch.23-sec.23 Requirements for applications\n\nThis section applies to an application for assistance under the scheme for damage caused by an eligible disaster.\nAn application must—\nbe made on the authority’s application form; and\nbe accompanied by the documents stated in the application; and\nbe given to the authority.\nAn applicant may apply for assistance for only 1 of the following—\na standard grant;\nan exceptional circumstances grant.\nIf the application for assistance is for a 2019–2020 extraordinary bushfire disaster—\nthe application must also be accompanied by—\na list of the things under section 9 (2) for which assistance under the scheme is claimed, including an estimate of the cost of each thing; and\nphotographic evidence of the direct damage caused by the disaster; and\ndespite subsection (3) , the applicant may make 1 or more further applications for assistance for an exceptional circumstances grant for the disaster if—\nthe applicant has incurred further costs for any of the things mentioned in section 9 (2) ; and\nthe total amount the applicant has received, or has been approved to receive, for assistance under the scheme for the disaster is less than the maximum amount for the applicant under section 7 (3) .\nDespite anything in an assistance establishment notice, an application for assistance for damage suffered by the applicant in one disaster zone may also relate to damage suffered by the applicant in another disaster zone.\nAn application must be received by the authority no later than the closing day for the application.\nThe authority may ask an applicant to give further relevant information required to decide the application.\nsch 23 s 23 ins 2013 SL No. 19 s 10\nsub 2015 SL No. 74 s 19\namd 2020 SL No. 5 s 11 ; 2020 SL No. 29 s 12\n(sch.23-sec.23-ssec.1) This section applies to an application for assistance under the scheme for damage caused by an eligible disaster.\n(sch.23-sec.23-ssec.2) An application must— be made on the authority’s application form; and be accompanied by the documents stated in the application; and be given to the authority.\n(sch.23-sec.23-ssec.3) An applicant may apply for assistance for only 1 of the following— a standard grant; an exceptional circumstances grant.\n(sch.23-sec.23-ssec.4) If the application for assistance is for a 2019–2020 extraordinary bushfire disaster— the application must also be accompanied by— a list of the things under section 9 (2) for which assistance under the scheme is claimed, including an estimate of the cost of each thing; and photographic evidence of the direct damage caused by the disaster; and despite subsection (3) , the applicant may make 1 or more further applications for assistance for an exceptional circumstances grant for the disaster if— the applicant has incurred further costs for any of the things mentioned in section 9 (2) ; and the total amount the applicant has received, or has been approved to receive, for assistance under the scheme for the disaster is less than the maximum amount for the applicant under section 7 (3) .\n(sch.23-sec.23-ssec.5) Despite anything in an assistance establishment notice, an application for assistance for damage suffered by the applicant in one disaster zone may also relate to damage suffered by the applicant in another disaster zone.\n(sch.23-sec.23-ssec.6) An application must be received by the authority no later than the closing day for the application.\n(sch.23-sec.23-ssec.7) The authority may ask an applicant to give further relevant information required to decide the application.\n- (a) be made on the authority’s application form; and\n- (b) be accompanied by the documents stated in the application; and\n- (c) be given to the authority.\n- (a) a standard grant;\n- (b) an exceptional circumstances grant.\n- (a) the application must also be accompanied by— (i) a list of the things under section 9 (2) for which assistance under the scheme is claimed, including an estimate of the cost of each thing; and (ii) photographic evidence of the direct damage caused by the disaster; and\n- (i) a list of the things under section 9 (2) for which assistance under the scheme is claimed, including an estimate of the cost of each thing; and\n- (ii) photographic evidence of the direct damage caused by the disaster; and\n- (b) despite subsection (3) , the applicant may make 1 or more further applications for assistance for an exceptional circumstances grant for the disaster if— (i) the applicant has incurred further costs for any of the things mentioned in section 9 (2) ; and (ii) the total amount the applicant has received, or has been approved to receive, for assistance under the scheme for the disaster is less than the maximum amount for the applicant under section 7 (3) .\n- (i) the applicant has incurred further costs for any of the things mentioned in section 9 (2) ; and\n- (ii) the total amount the applicant has received, or has been approved to receive, for assistance under the scheme for the disaster is less than the maximum amount for the applicant under section 7 (3) .\n- (i) a list of the things under section 9 (2) for which assistance under the scheme is claimed, including an estimate of the cost of each thing; and\n- (ii) photographic evidence of the direct damage caused by the disaster; and\n- (i) the applicant has incurred further costs for any of the things mentioned in section 9 (2) ; and\n- (ii) the total amount the applicant has received, or has been approved to receive, for assistance under the scheme for the disaster is less than the maximum amount for the applicant under section 7 (3) .","sortOrder":337},{"sectionNumber":"sch.23-sec.24","sectionType":"section","heading":"Deciding applications","content":"### sch.23-sec.24 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\nsch 23 s 24 ins 2013 SL No. 19 s 10","sortOrder":338},{"sectionNumber":"sch.24-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":339},{"sectionNumber":"sch.24-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.24-sec.1 Objective of scheme\n\nThe objective of the scheme is to provide assistance, under agreements entered into from time to time between the Commonwealth and the State, to eligible entities that are directly affected by an eligible disaster.\nsch 24 s 1 prev sch 24 s 1 ins 2013 SL No. 26 s 4\nom 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 24 s 1 ins 2020 SL No. 29 s 13","sortOrder":340},{"sectionNumber":"sch.24-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.24-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to provide concessional loans to an eligible entity—\nto pay for costs of repairing or replacing assets lost or damaged because of an eligible disaster; or\nto provide the eligible entity with working capital; or\nfor assistance relating to the 2019–2020 extraordinary bushfire disaster—to refinance an eligible commercial loan.\nFor subsection (1) (a) , repairing or replacing assets includes, for example, the following—\nrepairing or replacing damaged plant, equipment or buildings;\npurchasing replacement stock or livestock;\nrestoring, re-planting or establishing an area of land to replace damaged crops.\nHowever, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered because of an eligible disaster.\nsch 24 s 2 prev sch 24 s 2 ins 2013 SL No. 26 s 4\nom 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 24 s 2 ins 2020 SL No. 29 s 13\namd 2020 SL No. 214 s 4\n(sch.24-sec.2-ssec.1) The purpose of assistance under the scheme is to provide concessional loans to an eligible entity— to pay for costs of repairing or replacing assets lost or damaged because of an eligible disaster; or to provide the eligible entity with working capital; or for assistance relating to the 2019–2020 extraordinary bushfire disaster—to refinance an eligible commercial loan.\n(sch.24-sec.2-ssec.2) For subsection (1) (a) , repairing or replacing assets includes, for example, the following— repairing or replacing damaged plant, equipment or buildings; purchasing replacement stock or livestock; restoring, re-planting or establishing an area of land to replace damaged crops.\n(sch.24-sec.2-ssec.3) However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered because of an eligible disaster.\n- (a) to pay for costs of repairing or replacing assets lost or damaged because of an eligible disaster; or\n- (b) to provide the eligible entity with working capital; or\n- (c) for assistance relating to the 2019–2020 extraordinary bushfire disaster—to refinance an eligible commercial loan.\n- (a) repairing or replacing damaged plant, equipment or buildings;\n- (b) purchasing replacement stock or livestock;\n- (c) restoring, re-planting or establishing an area of land to replace damaged crops.","sortOrder":341},{"sectionNumber":"sch.24-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.24-sec.3 Definitions for schedule\n\nIn this schedule—\n2019–2020 extraordinary bushfire disaster means the bushfires that—\nhappened during the 2019–2020 financial year; and\nwere defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements.\nsch 24 s 3 def 2019–2020 extraordinary bushfire disaster ins 2020 SL No. 214 s 5\napplicant means a person applying for financial assistance under the scheme.\nappropriate Minister means the Minister responsible for administering the Disaster Management Act 2003 .\ndefined disaster area , for an eligible disaster, means an area—\ndefined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and\ndescribed in a document held by the authority and available for inspection by members of the public.\ndisaster 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.\nThe disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.\neligible commercial loan see section 3A .\nsch 24 s 3 def eligible commercial loan ins 2020 SL No. 214 s 5\neligible disaster means a natural disaster or terrorist act.\neligible entity means any of the following, eligible under part 2 for assistance under the scheme—\na primary producer;\na small business owner;\na non-profit organisation.\nlivestock includes poultry.\nloss of income , for an applicant, see section 4 .\nnatural disaster see section 5 .\nnon-profit organisation means a charity or other not-for-profit entity that is—\nincorporated under a law of the Commonwealth or a State; and\neither—\nregistered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or\nregistered or otherwise authorised to raise funds under a law of another State.\nprimary producer means—\na sole trader who spends the majority of the sole trader’s labour on, and derives the majority of the sole trader’s income from, a primary production enterprise; or\nfor 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.\nprimary production enterprise means a business—\nthat involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and\nfor which an entity holds an Australian Business Number.\nscheme means the scheme set out in this schedule.\nsmall business see section 6 .\nsmall business owner means—\na sole trader who spends the majority of the sole trader’s labour on, and derives the majority of the sole trader’s income from, a small business; or\nfor 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.\nterrorist act see the Police Powers and Responsibilities Act 2000 , section 211 .\nworking capital , for an eligible entity, means money used to continue the normal operation of the entity’s primary production enterprise, small business or non-profit activities, including, for example, the following—\npaying salaries or wages;\npaying creditors;\npaying rent and rates;\nbuying goods, including fuel, for the purpose of carrying on the primary production enterprise, small business or non-profit activities;\nfor a primary production enterprise—buying fodder or water for livestock or produce, and transporting livestock or produce.\nsch 24 s 3 prev sch 24 s 3 ins 2013 SL No. 26 s 4\nom 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 24 s 3 ins 2020 SL No. 29 s 13\n- (a) happened during the 2019–2020 financial year; and\n- (b) were defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements.\n- (a) defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and\n- (b) described in a document held by the authority and available for inspection by members of the public.\n- (a) a primary producer;\n- (b) a small business owner;\n- (c) a non-profit organisation.\n- (a) incorporated under a law of the Commonwealth or a State; and\n- (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.\n- (i) registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or\n- (ii) registered or otherwise authorised to raise funds under a law of another State.\n- (i) registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or\n- (ii) registered or otherwise authorised to raise funds under a law of another State.\n- (a) a sole trader who spends the majority of the sole trader’s labour on, and derives the majority of the sole trader’s income from, a primary production enterprise; or\n- (b) for 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.\n- (a) that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and\n- (b) for which an entity holds an Australian Business Number.\n- (a) a sole trader who spends the majority of the sole trader’s labour on, and derives the majority of the sole trader’s income from, a small business; or\n- (b) for 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.\n- (a) paying salaries or wages;\n- (b) paying creditors;\n- (c) paying rent and rates;\n- (d) buying goods, including fuel, for the purpose of carrying on the primary production enterprise, small business or non-profit activities;\n- (e) for a primary production enterprise—buying fodder or water for livestock or produce, and transporting livestock or produce.","sortOrder":342},{"sectionNumber":"sch.24-sec.3A","sectionType":"section","heading":"Meaning of eligible commercial loan","content":"### sch.24-sec.3A Meaning of eligible commercial loan\n\nAn eligible commercial loan is a loan obtained from a financial institution, other than any of the following types of loans—\noff-balance sheet financing;\na short-term credit facility;\ncredit card, line of credit, overdraft facility\na loan established at a concessional rate under a Commonwealth or State government scheme;\nan equipment finance loan.\nsch 24 s 3A ins 2020 SL No. 214 s 6\n(sch.24-sec.3A-ssec) An eligible commercial loan is a loan obtained from a financial institution, other than any of the following types of loans— off-balance sheet financing; a short-term credit facility; credit card, line of credit, overdraft facility a loan established at a concessional rate under a Commonwealth or State government scheme; an equipment finance loan.\n- (a) off-balance sheet financing;\n- (b) a short-term credit facility; Examples— credit card, line of credit, overdraft facility\n- (c) a loan established at a concessional rate under a Commonwealth or State government scheme;\n- (d) an equipment finance loan.","sortOrder":343},{"sectionNumber":"sch.24-sec.4","sectionType":"section","heading":"Meaning of loss of income","content":"### sch.24-sec.4 Meaning of loss of income\n\nAn applicant’s loss of income is 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.\nThe 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.\nsch 24 s 4 prev sch 24 s 4 ins 2013 SL No. 26 s 4\nom 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 24 s 4 ins 2020 SL No. 29 s 13\n(sch.24-sec.4-ssec.1) An applicant’s loss of income is 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.\n(sch.24-sec.4-ssec.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.","sortOrder":344},{"sectionNumber":"sch.24-sec.5","sectionType":"section","heading":"Meaning of natural disaster","content":"### sch.24-sec.5 Meaning of natural disaster\n\nA natural disaster is any of the following events—\na bushfire;\na cyclone;\nan earthquake;\na flood;\na landslide;\na meteorite strike;\na storm, including any, or any combination, of the following—\nhail;\nrain;\nwind;\na storm surge;\na tornado;\na tsunami.\nHowever, 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 to loss or damage suffered because of the event.\na deliberate act\nan accident\ndevelopment\nsch 24 s 5 prev sch 24 s 5 ins 2013 SL No. 26 s 4\nom 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 24 s 5 ins 2020 SL No. 29 s 13\n(sch.24-sec.5-ssec.1) A natural disaster is any of the following events— a bushfire; a cyclone; an earthquake; a flood; a landslide; a meteorite strike; a storm, including any, or any combination, of the following— hail; rain; wind; a storm surge; a tornado; a tsunami.\n(sch.24-sec.5-ssec.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 to loss or damage suffered because of the event. a deliberate act an accident development\n- (a) a bushfire;\n- (b) a cyclone;\n- (c) an earthquake;\n- (d) a flood;\n- (e) a landslide;\n- (f) a meteorite strike;\n- (g) a storm, including any, or any combination, of the following— (i) hail; (ii) rain; (iii) wind;\n- (i) hail;\n- (ii) rain;\n- (iii) wind;\n- (h) a storm surge;\n- (i) a tornado;\n- (j) a tsunami.\n- (i) hail;\n- (ii) rain;\n- (iii) wind;\n- • a deliberate act\n- • an accident\n- • development","sortOrder":345},{"sectionNumber":"sch.24-sec.6","sectionType":"section","heading":"Meaning of small business","content":"### sch.24-sec.6 Meaning of small business\n\nA small business is a business—\nfor which an entity holds an Australian Business Number; and\nin which are employed fewer than—\n20 full-time employees; or\nif the business has employees other than full-time employees—20 equivalent full-time employees; and\nthat is not operated by a public company.\nHowever, a small business does not include a body corporate under the Body Corporate and Community Management Act 1997 .\nFor subsection (1) (b) , the number of equivalent full-time employees of a business is worked out using the formula—\nwhere—\nE means the number of equivalent full-time employees of the business.\nF means the number of full-time employees of the business.\nP means the total number of hours worked each week by employees other than full-time employees.\nIn this section—\nfull-time employee , of a business, means an individual who ordinarily works for at least 35 hours each week for the business.\npublic company means a public company within the meaning of the Corporations Act , section 9 .\nsch 24 s 6 prev sch 24 s 6 ins 2013 SL No. 26 s 4\nom 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 24 s 6 ins 2020 SL No. 29 s 13\n(sch.24-sec.6-ssec.1) A small business is a business— for which an entity holds an Australian Business Number; and in which are employed fewer than— 20 full-time employees; or if the business has employees other than full-time employees—20 equivalent full-time employees; and that is not operated by a public company.\n(sch.24-sec.6-ssec.2) However, a small business does not include a body corporate under the Body Corporate and Community Management Act 1997 .\n(sch.24-sec.6-ssec.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.\n(sch.24-sec.6-ssec.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 , section 9 .\n- (a) for which an entity holds an Australian Business Number; and\n- (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\n- (i) 20 full-time employees; or\n- (ii) if the business has employees other than full-time employees—20 equivalent full-time employees; and\n- (c) that is not operated by a public company.\n- (i) 20 full-time employees; or\n- (ii) if the business has employees other than full-time employees—20 equivalent full-time employees; and","sortOrder":346},{"sectionNumber":"sch.24-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":347},{"sectionNumber":"sch.24-sec.7","sectionType":"section","heading":"Nature of assistance","content":"### sch.24-sec.7 Nature of assistance\n\nThe 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 for a purpose mentioned in section 2 .\nsch 24 s 7 prev sch 24 s 7 ins 2013 SL No. 26 s 4\nom 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 24 s 7 ins 2020 SL No. 29 s 13","sortOrder":348},{"sectionNumber":"sch.24-sec.8","sectionType":"section","heading":"Maximum loan amount","content":"### sch.24-sec.8 Maximum loan amount\n\nThe amount of loan assistance for an applicant under the scheme for an eligible disaster—\nis based on the authority’s assessment of the applicant’s financial position, including any amount recovered by the applicant under an insurance policy; and\nmust not be more than the amount of the net loss to the applicant caused by the eligible disaster.\nThe maximum amount of loan assistance under the scheme for an applicant to refinance an eligible commercial loan is 50% of the total outstanding loan balance.\nDespite subsections (1) and (2) , the total amount of a loan to an applicant under the scheme for an eligible disaster must not be more than $500,000.\nsch 24 s 8 prev sch 24 s 8 ins 2013 SL No. 26 s 4\nom 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 24 s 8 ins 2020 SL No. 29 s 13\namd 2020 SL No. 214 s 7\n(sch.24-sec.8-ssec.1) The amount of loan assistance for an applicant under the scheme for an eligible disaster— 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 must not be more than the amount of the net loss to the applicant caused by the eligible disaster.\n(sch.24-sec.8-ssec.2) The maximum amount of loan assistance under the scheme for an applicant to refinance an eligible commercial loan is 50% of the total outstanding loan balance.\n(sch.24-sec.8-ssec.3) Despite subsections (1) and (2) , the total amount of a loan to an applicant under the scheme for an eligible disaster must not be more than $500,000.\n- (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\n- (b) must not be more than the amount of the net loss to the applicant caused by the eligible disaster.","sortOrder":349},{"sectionNumber":"sch.24-sec.9","sectionType":"section","heading":"Eligibility criteria","content":"### sch.24-sec.9 Eligibility criteria\n\nAn applicant is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied—\nthe applicant is a primary producer, small business owner or non-profit organisation; and\nimmediately before the eligible disaster—\nthe applicant carried on a primary production enterprise, small business or non-profit activities (each a relevant activity ) in the defined disaster area; or\nthe applicant had been carrying on a relevant activity in the defined disaster area on a regular basis; or\nassets used by the applicant to carry on a relevant activity were situated in the defined disaster area; and\nthe applicant has suffered, as a direct result of the eligible disaster—\ndamage to the assets used for carrying on the relevant activity; or\na significant loss of income; and\nthere are reasonable prospects for the long-term viability of the relevant activity if the assistance is provided; and\nthe applicant can not, from the applicant’s own resources and without assistance under the scheme—\nrepair or replace assets directly damaged as a result of the eligible disaster; or\nreturn to operations at a similar level as before the eligible disaster; and\nthe applicant has not received another concessional loan for loss or damage that was related to the eligible disaster; and\nthe applicant demonstrates the ability to repay the loan applied for; and\nfor assistance, other than assistance to refinance an eligible commercial loan—the applicant has used all liquid assets and normal credit sources up to normal limits; and\nfor assistance to refinance an eligible commercial loan—\nthe applicant has suffered the damage to assets or loss of income mentioned in paragraph (c) as a direct result of the 2019–2020 extraordinary bushfire disaster; and\nimmediately before the applicant was affected by the 2019–2020 extraordinary bushfire disaster, the applicant held an eligible commercial loan relating to the relevant activity; and\nthe applicant can not refinance the loan from the applicant’s own resources and without assistance under the scheme.\nsch 24 s 9 prev sch 24 s 9 ins 2013 SL No. 26 s 4\nom 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 24 s 9 ins 2020 SL No. 29 s 13\namd 2020 SL No. 214 s 8\n- (a) the applicant is a primary producer, small business owner or non-profit organisation; and\n- (b) immediately before the eligible disaster— (i) the applicant carried on a primary production enterprise, small business or non-profit activities (each a relevant activity ) in the defined disaster area; or (ii) the applicant had been carrying on a relevant activity in the defined disaster area on a regular basis; or (iii) assets used by the applicant to carry on a relevant activity were situated in the defined disaster area; and\n- (i) the applicant carried on a primary production enterprise, small business or non-profit activities (each a relevant activity ) in the defined disaster area; or\n- (ii) the applicant had been carrying on a relevant activity in the defined disaster area on a regular basis; or\n- (iii) assets used by the applicant to carry on a relevant activity were situated in the defined disaster area; and\n- (c) the applicant has suffered, as a direct result of the eligible disaster— (i) damage to the assets used for carrying on the relevant activity; or (ii) a significant loss of income; and\n- (i) damage to the assets used for carrying on the relevant activity; or\n- (ii) a significant loss of income; and\n- (d) there are reasonable prospects for the long-term viability of the relevant activity if the assistance is provided; and\n- (e) the applicant can not, from the applicant’s own resources and without assistance under the scheme— (i) repair or replace assets directly damaged as a result of the eligible disaster; or (ii) return to operations at a similar level as before the eligible disaster; and\n- (i) repair or replace assets directly damaged as a result of the eligible disaster; or\n- (ii) return to operations at a similar level as before the eligible disaster; and\n- (f) the applicant has not received another concessional loan for loss or damage that was related to the eligible disaster; and\n- (g) the applicant demonstrates the ability to repay the loan applied for; and\n- (h) for assistance, other than assistance to refinance an eligible commercial loan—the applicant has used all liquid assets and normal credit sources up to normal limits; and\n- (i) for assistance to refinance an eligible commercial loan— (i) the applicant has suffered the damage to assets or loss of income mentioned in paragraph (c) as a direct result of the 2019–2020 extraordinary bushfire disaster; and (ii) immediately before the applicant was affected by the 2019–2020 extraordinary bushfire disaster, the applicant held an eligible commercial loan relating to the relevant activity; and (iii) the applicant can not refinance the loan from the applicant’s own resources and without assistance under the scheme.\n- (i) the applicant has suffered the damage to assets or loss of income mentioned in paragraph (c) as a direct result of the 2019–2020 extraordinary bushfire disaster; and\n- (ii) immediately before the applicant was affected by the 2019–2020 extraordinary bushfire disaster, the applicant held an eligible commercial loan relating to the relevant activity; and\n- (iii) the applicant can not refinance the loan from the applicant’s own resources and without assistance under the scheme.\n- (i) the applicant carried on a primary production enterprise, small business or non-profit activities (each a relevant activity ) in the defined disaster area; or\n- (ii) the applicant had been carrying on a relevant activity in the defined disaster area on a regular basis; or\n- (iii) assets used by the applicant to carry on a relevant activity were situated in the defined disaster area; and\n- (i) damage to the assets used for carrying on the relevant activity; or\n- (ii) a significant loss of income; and\n- (i) repair or replace assets directly damaged as a result of the eligible disaster; or\n- (ii) return to operations at a similar level as before the eligible disaster; and\n- (i) the applicant has suffered the damage to assets or loss of income mentioned in paragraph (c) as a direct result of the 2019–2020 extraordinary bushfire disaster; and\n- (ii) immediately before the applicant was affected by the 2019–2020 extraordinary bushfire disaster, the applicant held an eligible commercial loan relating to the relevant activity; and\n- (iii) the applicant can not refinance the loan from the applicant’s own resources and without assistance under the scheme.","sortOrder":350},{"sectionNumber":"sch.24-sec.10","sectionType":"section","heading":"Interest rates","content":"### sch.24-sec.10 Interest rates\n\nThe interest charged on a loan given under the scheme must be calculated at a concessional interest rate decided by the authority.\nThe authority may include a condition varying the interest rate during the term of the loan.\nsch 24 s 10 prev sch 24 s 10 ins 2013 SL No. 26 s 4\nom 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 24 s 10 ins 2020 SL No. 29 s 13\n(sch.24-sec.10-ssec.1) The interest charged on a loan given under the scheme must be calculated at a concessional interest rate decided by the authority.\n(sch.24-sec.10-ssec.2) The authority may include a condition varying the interest rate during the term of the loan.","sortOrder":351},{"sectionNumber":"sch.24-sec.11","sectionType":"section","heading":"Security","content":"### sch.24-sec.11 Security\n\nA loan under the scheme must be secured to the satisfaction of the authority.\nsch 24 s 11 prev sch 24 s 11 ins 2013 SL No. 26 s 4\namd 2013 SL No. 157 s 4\nom 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 24 s 11 ins 2020 SL No. 29 s 13","sortOrder":352},{"sectionNumber":"sch.24-sec.12","sectionType":"section","heading":"Terms of repayment","content":"### sch.24-sec.12 Terms of repayment\n\nThe term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\nDuring the first 2 years of the loan, the authority must defer repayments of principal and interest under the loan.\nFrom 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.\nsch 24 s 12 prev sch 24 s 12 ins 2013 SL No. 26 s 4\nom 2014 SL No. 51 s 6\nAIA s 20A applies (see s 8)\npres sch 24 s 12 ins 2020 SL No. 29 s 13\n(sch.24-sec.12-ssec.1) The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\n(sch.24-sec.12-ssec.2) During the first 2 years of the loan, the authority must defer repayments of principal and interest under the loan.\n(sch.24-sec.12-ssec.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.","sortOrder":353},{"sectionNumber":"sch.24-sec.13","sectionType":"section","heading":"Review by authority","content":"### sch.24-sec.13 Review by authority\n\nAssistance given to an eligible entity under the scheme is subject to an annual review by the authority.\nsch 24 s 13 ins 2020 SL No. 29 s 13","sortOrder":354},{"sectionNumber":"sch.24-pt.3","sectionType":"part","heading":"Other provisions about applications","content":"# Other provisions about applications","sortOrder":355},{"sectionNumber":"sch.24-sec.14","sectionType":"section","heading":"Requirements for applications","content":"### sch.24-sec.14 Requirements for applications\n\nThis section applies to an application for assistance under the scheme for damage caused by an eligible disaster.\nAn application must—\nbe made on the authority’s application form; and\nbe accompanied by the documents stated in the application form; and\nbe given to the authority.\nThe authority may ask an applicant to give further relevant information to decide the application.\nsch 24 s 14 ins 2020 SL No. 214 s 9\n(sch.24-sec.14-ssec.1) This section applies to an application for assistance under the scheme for damage caused by an eligible disaster.\n(sch.24-sec.14-ssec.2) An application must— be made on the authority’s application form; and be accompanied by the documents stated in the application form; and be given to the authority.\n(sch.24-sec.14-ssec.3) The authority may ask an applicant to give further relevant information to decide the application.\n- (a) be made on the authority’s application form; and\n- (b) be accompanied by the documents stated in the application form; and\n- (c) be given to the authority.","sortOrder":356},{"sectionNumber":"sch.24-sec.15","sectionType":"section","heading":"Deciding applications","content":"### sch.24-sec.15 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\nsch 24 s 15 ins 2020 SL No. 214 s 9","sortOrder":357},{"sectionNumber":"sch.25-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":358},{"sectionNumber":"sch.25-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.25-sec.1 Objective of scheme\n\nThe objective of the scheme is to provide assistance to eligible applicants who, because of an occurrence of bovine Johne’s disease in Queensland, have suffered financial loss as a result of 1 or more of the following—\nthe slaughter of cattle;\nalternative supply actions affecting cattle;\nthe short-term quarantine of cattle.\nsch 25 s 1 ins 2013 SL No. 81 s 4\nsub 2014 SL No. 230 s 3 (1)\n- (a) the slaughter of cattle;\n- (b) alternative supply actions affecting cattle;\n- (c) the short-term quarantine of cattle.","sortOrder":359},{"sectionNumber":"sch.25-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.25-sec.2 Purpose of assistance\n\nThe purpose of the assistance under the scheme is to help an eligible applicant recover from the financial impact of slaughtering, taking alternative supply actions affecting, or carrying out the short-term quarantine of, cattle under planned slaughter or testing conditions.\nHowever, assistance under the scheme is not intended to compensate eligible applicants for losses suffered as a result of slaughtering, taking alternative supply actions affecting, or carrying out the short-term quarantine of, cattle.\nsch 25 s 2 ins 2013 SL No. 81 s 4\namd 2014 SL No. 230 s 3 (2)\n(sch.25-sec.2-ssec.1) The purpose of the assistance under the scheme is to help an eligible applicant recover from the financial impact of slaughtering, taking alternative supply actions affecting, or carrying out the short-term quarantine of, cattle under planned slaughter or testing conditions.\n(sch.25-sec.2-ssec.2) However, assistance under the scheme is not intended to compensate eligible applicants for losses suffered as a result of slaughtering, taking alternative supply actions affecting, or carrying out the short-term quarantine of, cattle.","sortOrder":360},{"sectionNumber":"sch.25-sec.3","sectionType":"section","heading":"Definitions for sch 25","content":"### sch.25-sec.3 Definitions for sch 25\n\nIn this schedule—\naccepted value , of an animal to which an application relates, means—\nif the applicant bought the animal—the purchase price for the animal; or\notherwise—the value of the animal stated in the latest approved valuation report for the animal.\nalternative supply actions , affecting cattle, means the actions for managing the cattle stated in the supply chain plan for the cattle.\nfeeding, agisting or consigning the cattle to a feedlot\ntransporting the cattle to an alternative market\nanimal means a head of cattle.\napplicant means a person applying for assistance under the scheme.\napplication means an application for financial assistance under the scheme.\napproved valuation report means a valuation report prepared—\nby a person accredited as an A1, A2 or A3 assessor of cattle by AuctionsPlus Pty Ltd ACN 072 403 984; and\nThe requirements for gaining A1, A2 and A3 assessor accreditation are stated on AuctionsPlus Pty Ltd’s website.\nin accordance with the Ausvetplan operational procedures.\nAusvetplan operational procedures means the document called ‘Austvetplan Operational Procedures Manual Valuation and Compensation’, version 3.0, published by the Primary Industries Ministerial Council in 2006, or any earlier or later version of the document.\nbovine Johne’s disease means the bovine strains of Mycobacterium avium paratuberculosis.\ncattle holding means a place where cattle are kept, pastured or grazed.\na farm\na feedlot\ncertificate of health means a certificate of health that complies with the repealed Stock Regulation 1988 , section 10 .\nsch 25 s 3 def certificate of health amd 2016 SL No. 75 s 129 sch 12\ndirect market assistance see section 5 (a) .\ndisease plan , for part 4A , see section 11A .\nsch 25 s 3 def disease plan ins 2014 SL No. 230 s 3 (3)\neligible applicant means an applicant who is eligible for assistance under the scheme.\ninspector see the repealed Stock Act 1915 , schedule 2 .\nsch 25 s 3 def inspector ins 2013 SL No. 136 s 3 (1)\namd 2016 SL No. 75 s 129 sch 12\nofficial receipt means a receipt including—\nthe name and address of the entity that issued the receipt; and\nif the entity has an Australian Business Number—the Australian Business Number; and\na description of each item to which the receipt relates.\nPDIP guide means the document called ‘Property Disease Investigation Plan’, version 4.1, published by the department on 1 April 2013, or any earlier or later version of the document.\nplanned slaughter or testing conditions means conditions—\naffecting cattle—\nthat are infected, or suspected to be infected with bovine Johne’s disease; and\nto which either of the following relate—\na notice under the repealed Stock Act 1915 , section 14 (1) ; or\nan undertaking under the repealed Stock Act 1915 , section 14 (2) ; and\nstated in a property disease investigation plan or property disease eradication plan.\nsch 25 s 3 def planned slaughter or testing conditions amd 2016 SL No. 75 s 129 sch 12\nproperty disease eradication plan means a written plan for eradicating bovine Johne’s disease by destocking prepared consistently with the PDIP guide.\nAt the commencement of this definition, the processes for destocking under a property disease eradication plan were set out in item 2.9 of the PDIP guide.\nproperty disease investigation plan means a written plan for investigating suspected bovine Johne’s disease prepared in accordance with the PDIP guide and the standard definitions rules and guidelines.\nrelated entity see section 4 .\nscheme means the scheme set out in this schedule.\nshort-term assistance see section 5 (c) .\nsch 25 s 3 def short-term assistance ins 2014 SL No. 230 s 3 (3)\nshort-term quarantine , of cattle, means the quarantine of cattle for a period of at least 2 months, but not more than 6 months.\nsch 25 s 3 def short-term quarantine ins 2014 SL No. 230 s 3 (3)\nstandard definitions rules and guidelines means the document called ‘National Johne’s Disease Program Standard Definitions and Rules For Cattle–BJD Standard Definitions, Rules and Guidelines for the control of cattle strains of Mycobacterium paratuberculosis in cattle and for goats, deer and camelids’, version 8, published by the Animal Health Committee in May 2012, or any earlier or later version of the document.\nsupply chain pathway assistance see section 5 (b) .\nsupply chain plan means a written plan for managing cattle affected by planned slaughter or testing conditions, stating the actions that have been, are being, or are to be, taken to manage the cattle in response to the conditions.\nsch 25 s 3 ins 2013 SL No. 81 s 4\n- (a) if the applicant bought the animal—the purchase price for the animal; or\n- (b) otherwise—the value of the animal stated in the latest approved valuation report for the animal.\n- • feeding, agisting or consigning the cattle to a feedlot\n- • transporting the cattle to an alternative market\n- (a) by a person accredited as an A1, A2 or A3 assessor of cattle by AuctionsPlus Pty Ltd ACN 072 403 984; and Editor’s note— The requirements for gaining A1, A2 and A3 assessor accreditation are stated on AuctionsPlus Pty Ltd’s website.\n- (b) in accordance with the Ausvetplan operational procedures.\n- • a farm\n- • a feedlot\n- (a) the name and address of the entity that issued the receipt; and\n- (b) if the entity has an Australian Business Number—the Australian Business Number; and\n- (c) a description of each item to which the receipt relates.\n- (a) affecting cattle— (i) that are infected, or suspected to be infected with bovine Johne’s disease; and (ii) to which either of the following relate— (A) a notice under the repealed Stock Act 1915 , section 14 (1) ; or (B) an undertaking under the repealed Stock Act 1915 , section 14 (2) ; and\n- (i) that are infected, or suspected to be infected with bovine Johne’s disease; and\n- (ii) to which either of the following relate— (A) a notice under the repealed Stock Act 1915 , section 14 (1) ; or (B) an undertaking under the repealed Stock Act 1915 , section 14 (2) ; and\n- (A) a notice under the repealed Stock Act 1915 , section 14 (1) ; or\n- (B) an undertaking under the repealed Stock Act 1915 , section 14 (2) ; and\n- (b) stated in a property disease investigation plan or property disease eradication plan.\n- (i) that are infected, or suspected to be infected with bovine Johne’s disease; and\n- (ii) to which either of the following relate— (A) a notice under the repealed Stock Act 1915 , section 14 (1) ; or (B) an undertaking under the repealed Stock Act 1915 , section 14 (2) ; and\n- (A) a notice under the repealed Stock Act 1915 , section 14 (1) ; or\n- (B) an undertaking under the repealed Stock Act 1915 , section 14 (2) ; and\n- (A) a notice under the repealed Stock Act 1915 , section 14 (1) ; or\n- (B) an undertaking under the repealed Stock Act 1915 , section 14 (2) ; and","sortOrder":361},{"sectionNumber":"sch.25-sec.4","sectionType":"section","heading":"Meaning of related entity","content":"### sch.25-sec.4 Meaning of related entity\n\nAn applicant is a related entity of a person to whom section 7 (e) (i) or (ii) applies if the authority considers—\na relationship of a type to which this section applies exists between them; or\na series of relationships of a type to which this section applies can be traced between them through another person or other persons.\nThis section applies to relationships between the applicant and the person of any of the following types—\na marriage, de facto relationship or civil partnership;\na relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common;\na relationship of employer and employee;\na relationship in which the applicant and the person own or control the same—\ncattle; or\nland where cattle are kept; or\ninfrastructure or equipment for keeping cattle;\na relationship in which one of them is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other;\na relationship in which one of them is a corporation and the other is in a position to control or substantially influence the corporation’s conduct.\nsch 25 s 4 ins 2013 SL No. 81 s 4\namd 2014 SL No. 230 s 3 (4) ; 2016 SL No. 15 s 22 sch 1\n(sch.25-sec.4-ssec.1) An applicant is a related entity of a person to whom section 7 (e) (i) or (ii) applies if the authority considers— a relationship of a type to which this section applies exists between them; or a series of relationships of a type to which this section applies can be traced between them through another person or other persons.\n(sch.25-sec.4-ssec.2) This section applies to relationships between the applicant and the person of any of the following types— a marriage, de facto relationship or civil partnership; a relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common; a relationship of employer and employee; a relationship in which the applicant and the person own or control the same— cattle; or land where cattle are kept; or infrastructure or equipment for keeping cattle; a relationship in which one of them is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other; a relationship in which one of them is a corporation and the other is in a position to control or substantially influence the corporation’s conduct.\n- (a) a relationship of a type to which this section applies exists between them; or\n- (b) a series of relationships of a type to which this section applies can be traced between them through another person or other persons.\n- (a) a marriage, de facto relationship or civil partnership;\n- (b) a relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common;\n- (c) a relationship of employer and employee;\n- (d) a relationship in which the applicant and the person own or control the same— (i) cattle; or (ii) land where cattle are kept; or (iii) infrastructure or equipment for keeping cattle;\n- (i) cattle; or\n- (ii) land where cattle are kept; or\n- (iii) infrastructure or equipment for keeping cattle;\n- (e) a relationship in which one of them is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other;\n- (f) a relationship in which one of them is a corporation and the other is in a position to control or substantially influence the corporation’s conduct.\n- (i) cattle; or\n- (ii) land where cattle are kept; or\n- (iii) infrastructure or equipment for keeping cattle;","sortOrder":362},{"sectionNumber":"sch.25-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":363},{"sectionNumber":"sch.25-sec.5","sectionType":"section","heading":"Nature of assistance","content":"### sch.25-sec.5 Nature of assistance\n\nThe nature of the assistance that may be given under the scheme is the provision of 1 or more of the following—\na grant to help an eligible applicant recover from the financial impact of the slaughter of cattle under planned slaughter or testing conditions ( direct market assistance );\na grant to help an eligible applicant recover from the financial impact of taking alternative supply actions affecting cattle under planned slaughter or testing conditions ( supply chain pathway assistance );\na grant ( short-term assistance ) to help an eligible applicant recover from the financial impact of carrying out the short-term quarantine of cattle under planned slaughter or testing conditions.\nsch 25 s 5 ins 2013 SL No. 81 s 4\namd 2014 SL No. 230 s 3 (5) – (6)\n- (a) a grant to help an eligible applicant recover from the financial impact of the slaughter of cattle under planned slaughter or testing conditions ( direct market assistance );\n- (b) a grant to help an eligible applicant recover from the financial impact of taking alternative supply actions affecting cattle under planned slaughter or testing conditions ( supply chain pathway assistance );\n- (c) a grant ( short-term assistance ) to help an eligible applicant recover from the financial impact of carrying out the short-term quarantine of cattle under planned slaughter or testing conditions.","sortOrder":364},{"sectionNumber":"sch.25-sec.6","sectionType":"section","heading":"Maximum amount of total assistance under scheme","content":"### sch.25-sec.6 Maximum amount of total assistance under scheme\n\nThe maximum amount of the total assistance that may be given to an eligible applicant for all forms of assistance under the scheme is $200,000.\nSee section 11C (2) for the maximum amount of short-term assistance that may be given to an eligible applicant.\nsch 25 s 6 ins 2013 SL No. 81 s 4\namd 2014 SL No. 2 s 3\nsub 2014 SL No. 230 s 3 (7)\namd 2015 SL No. 8 s 3 (1)","sortOrder":365},{"sectionNumber":"sch.25-sec.7","sectionType":"section","heading":"Eligibility criteria","content":"### sch.25-sec.7 Eligibility criteria\n\nAn applicant is eligible for assistance under the scheme if—\nthe applicant owns cattle in Queensland; and\neither—\nan inspector has given a notice under the repealed Stock Act 1915 , section 14 (1) , for any of the cattle because the cattle are infected, or suspected to be infected, with bovine Johne’s disease; or\nthe applicant has given an undertaking under the repealed Stock Act 1915 , section 14 (2) , relating to any of the cattle because of bovine Johne’s disease or suspected bovine Johne’s disease; and\nthe notice or undertaking—\nwas in force on 20 November 2012; or\nhas been in force at any time since that day; and\nthe applicant is eligible for 1 or more of the following—\ndirect market assistance under section 8 ;\nsupply chain pathway assistance under section 10 ;\nshort-term assistance under section 11B ; and\nthe applicant is not a related entity of a person who—\nhas been granted assistance under the scheme; or\nhas made an application that has not been decided; and\nthe applicant has not already received the maximum amount of assistance under the scheme; and\nif the applicant has brought cattle into Queensland from another State on or after 20 November 2010—the applicant has obtained a certificate of health for the cattle.\nsch 25 s 7 ins 2013 SL No. 81 s 4\namd 2013 SL No. 136 s 3 (2) ; 2014 SL No. 230 s 3 (8) – (10) ; 2016 SL No. 75 s 129 sch 12\n- (a) the applicant owns cattle in Queensland; and\n- (b) either— (i) an inspector has given a notice under the repealed Stock Act 1915 , section 14 (1) , for any of the cattle because the cattle are infected, or suspected to be infected, with bovine Johne’s disease; or (ii) the applicant has given an undertaking under the repealed Stock Act 1915 , section 14 (2) , relating to any of the cattle because of bovine Johne’s disease or suspected bovine Johne’s disease; and\n- (i) an inspector has given a notice under the repealed Stock Act 1915 , section 14 (1) , for any of the cattle because the cattle are infected, or suspected to be infected, with bovine Johne’s disease; or\n- (ii) the applicant has given an undertaking under the repealed Stock Act 1915 , section 14 (2) , relating to any of the cattle because of bovine Johne’s disease or suspected bovine Johne’s disease; and\n- (c) the notice or undertaking— (i) was in force on 20 November 2012; or (ii) has been in force at any time since that day; and\n- (i) was in force on 20 November 2012; or\n- (ii) has been in force at any time since that day; and\n- (d) the applicant is eligible for 1 or more of the following— (i) direct market assistance under section 8 ; (ii) supply chain pathway assistance under section 10 ; (iii) short-term assistance under section 11B ; and\n- (i) direct market assistance under section 8 ;\n- (ii) supply chain pathway assistance under section 10 ;\n- (iii) short-term assistance under section 11B ; and\n- (e) the applicant is not a related entity of a person who— (i) has been granted assistance under the scheme; or (ii) has made an application that has not been decided; and\n- (i) has been granted assistance under the scheme; or\n- (ii) has made an application that has not been decided; and\n- (g) the applicant has not already received the maximum amount of assistance under the scheme; and\n- (h) if the applicant has brought cattle into Queensland from another State on or after 20 November 2010—the applicant has obtained a certificate of health for the cattle.\n- (i) an inspector has given a notice under the repealed Stock Act 1915 , section 14 (1) , for any of the cattle because the cattle are infected, or suspected to be infected, with bovine Johne’s disease; or\n- (ii) the applicant has given an undertaking under the repealed Stock Act 1915 , section 14 (2) , relating to any of the cattle because of bovine Johne’s disease or suspected bovine Johne’s disease; and\n- (i) was in force on 20 November 2012; or\n- (ii) has been in force at any time since that day; and\n- (i) direct market assistance under section 8 ;\n- (ii) supply chain pathway assistance under section 10 ;\n- (iii) short-term assistance under section 11B ; and\n- (i) has been granted assistance under the scheme; or\n- (ii) has made an application that has not been decided; and","sortOrder":366},{"sectionNumber":"sch.25-pt.3","sectionType":"part","heading":"Direct market assistance","content":"# Direct market assistance","sortOrder":367},{"sectionNumber":"sch.25-sec.8","sectionType":"section","heading":"Eligibility criteria","content":"### sch.25-sec.8 Eligibility criteria\n\nAn applicant is eligible for direct market assistance for slaughtering cattle if, in addition to being satisfied of the matters mentioned in section 7 , the authority is satisfied—\nthe applicant has prepared a property disease investigation plan or a property disease eradication plan (each a relevant plan ) in response to bovine Johne’s disease; and\nthe applicant has slaughtered relevant cattle under the relevant plan.\nHowever, the applicant is not eligible for direct market assistance for slaughtering an animal—\nthat was 11 years or older; or\nin relation to which—\nassistance under the scheme has already been granted; or\nan earlier application has been made but is yet to be decided.\nIn this section—\nchief inspector see the repealed Stock Act 1915 , schedule 2 .\nrelevant cattle means cattle of any of the following categories, required to be slaughtered under planned slaughter or testing conditions under a relevant plan—\ncattle that have come from a cattle holding where there have been cattle infected with bovine Johne’s disease;\nIn property disease investigation plans, this category of cattle is commonly referred to as ‘trace forward’ cattle.\ncattle kept on a cattle holding where there are, or have been, other cattle infected with bovine Johne’s disease;\ncattle from which a blood or faecal sample, taken by an inspector or veterinary surgeon, reacts positively to a test for bovine Johne’s disease that is—\nof a type approved by the chief inspector; and\nconducted by a laboratory accredited by the National Association of Testing Authorities Australia ABN 59 004 379 748 to conduct veterinary testing.\nveterinary surgeon see the Veterinary Surgeons Act 1936 , schedule.\nsch 25 s 8 ins 2013 SL No. 81 s 4\namd 2013 SL No. 136 s 3 (3) – (6) ; 2014 SL No. 230 s 3 (11) ; 2016 SL No. 75 s 129 sch 12\n(sch.25-sec.8-ssec.1) An applicant is eligible for direct market assistance for slaughtering cattle if, in addition to being satisfied of the matters mentioned in section 7 , the authority is satisfied— the applicant has prepared a property disease investigation plan or a property disease eradication plan (each a relevant plan ) in response to bovine Johne’s disease; and the applicant has slaughtered relevant cattle under the relevant plan.\n(sch.25-sec.8-ssec.2) However, the applicant is not eligible for direct market assistance for slaughtering an animal— that was 11 years or older; or in relation to which— assistance under the scheme has already been granted; or an earlier application has been made but is yet to be decided.\n(sch.25-sec.8-ssec.3) In this section— chief inspector see the repealed Stock Act 1915 , schedule 2 . relevant cattle means cattle of any of the following categories, required to be slaughtered under planned slaughter or testing conditions under a relevant plan— cattle that have come from a cattle holding where there have been cattle infected with bovine Johne’s disease; In property disease investigation plans, this category of cattle is commonly referred to as ‘trace forward’ cattle. cattle kept on a cattle holding where there are, or have been, other cattle infected with bovine Johne’s disease; cattle from which a blood or faecal sample, taken by an inspector or veterinary surgeon, reacts positively to a test for bovine Johne’s disease that is— of a type approved by the chief inspector; and conducted by a laboratory accredited by the National Association of Testing Authorities Australia ABN 59 004 379 748 to conduct veterinary testing. veterinary surgeon see the Veterinary Surgeons Act 1936 , schedule.\n- (a) the applicant has prepared a property disease investigation plan or a property disease eradication plan (each a relevant plan ) in response to bovine Johne’s disease; and\n- (b) the applicant has slaughtered relevant cattle under the relevant plan.\n- (a) that was 11 years or older; or\n- (b) in relation to which— (i) assistance under the scheme has already been granted; or (ii) an earlier application has been made but is yet to be decided.\n- (i) assistance under the scheme has already been granted; or\n- (ii) an earlier application has been made but is yet to be decided.\n- (i) assistance under the scheme has already been granted; or\n- (ii) an earlier application has been made but is yet to be decided.\n- (a) cattle that have come from a cattle holding where there have been cattle infected with bovine Johne’s disease; Editor’s note— In property disease investigation plans, this category of cattle is commonly referred to as ‘trace forward’ cattle.\n- (b) cattle kept on a cattle holding where there are, or have been, other cattle infected with bovine Johne’s disease;\n- (c) cattle from which a blood or faecal sample, taken by an inspector or veterinary surgeon, reacts positively to a test for bovine Johne’s disease that is— (i) of a type approved by the chief inspector; and (ii) conducted by a laboratory accredited by the National Association of Testing Authorities Australia ABN 59 004 379 748 to conduct veterinary testing.\n- (i) of a type approved by the chief inspector; and\n- (ii) conducted by a laboratory accredited by the National Association of Testing Authorities Australia ABN 59 004 379 748 to conduct veterinary testing.\n- (i) of a type approved by the chief inspector; and\n- (ii) conducted by a laboratory accredited by the National Association of Testing Authorities Australia ABN 59 004 379 748 to conduct veterinary testing.","sortOrder":368},{"sectionNumber":"sch.25-sec.9","sectionType":"section","heading":"Amount of direct market assistance","content":"### sch.25-sec.9 Amount of direct market assistance\n\nThe amount of direct market assistance that may be given to an eligible applicant for the slaughter of an animal to which section 8 (1) (b) applies is the amount that is the relevant percentage of the animal’s accepted value worked out under subsection (2) less the amount of the deduction, if relevant, worked out under subsection (3) .\nFor subsection (1) , the amount that is the relevant percentage of the animal’s accepted value is—\nif the accepted value is no more than $2,500—25% of the accepted value; or\nif the accepted value is more than $2,500 but no more than $3,000—35% of the accepted value; or\nif the accepted value is more than $3,000—50% of the accepted value.\nIf the animal was older than 7 years when slaughtered, the amount worked out under subsection (2) must be reduced by 25% of that amount for each whole year the animal was above that age.\nAn animal had an accepted value of $4,000 and was 10 years and 3 months old when slaughtered. Under subsection (2) (c) the amount of assistance would have been $2,000 (50% of $4,000) but, under subsection (3) , is reduced by $1,500 (25% of $2,000 cumulatively over 3 years). The amount of assistance is therefore $500.\nThis section is subject to section 6 .\nsch 25 s 9 ins 2013 SL No. 81 s 4\namd 2014 SL No. 230 s 3 (12)\n(sch.25-sec.9-ssec.1) The amount of direct market assistance that may be given to an eligible applicant for the slaughter of an animal to which section 8 (1) (b) applies is the amount that is the relevant percentage of the animal’s accepted value worked out under subsection (2) less the amount of the deduction, if relevant, worked out under subsection (3) .\n(sch.25-sec.9-ssec.2) For subsection (1) , the amount that is the relevant percentage of the animal’s accepted value is— if the accepted value is no more than $2,500—25% of the accepted value; or if the accepted value is more than $2,500 but no more than $3,000—35% of the accepted value; or if the accepted value is more than $3,000—50% of the accepted value.\n(sch.25-sec.9-ssec.3) If the animal was older than 7 years when slaughtered, the amount worked out under subsection (2) must be reduced by 25% of that amount for each whole year the animal was above that age. An animal had an accepted value of $4,000 and was 10 years and 3 months old when slaughtered. Under subsection (2) (c) the amount of assistance would have been $2,000 (50% of $4,000) but, under subsection (3) , is reduced by $1,500 (25% of $2,000 cumulatively over 3 years). The amount of assistance is therefore $500.\n(sch.25-sec.9-ssec.4) This section is subject to section 6 .\n- (a) if the accepted value is no more than $2,500—25% of the accepted value; or\n- (b) if the accepted value is more than $2,500 but no more than $3,000—35% of the accepted value; or\n- (c) if the accepted value is more than $3,000—50% of the accepted value.","sortOrder":369},{"sectionNumber":"sch.25-pt.4","sectionType":"part","heading":"Supply chain pathway assistance","content":"# Supply chain pathway assistance","sortOrder":370},{"sectionNumber":"sch.25-sec.10","sectionType":"section","heading":"Eligibility criteria","content":"### sch.25-sec.10 Eligibility criteria\n\nAn applicant is eligible for supply chain pathway assistance if, in addition to being satisfied of the matters mentioned in section 7 , the authority is satisfied—\ncattle owned by the applicant are, or have been—\nsubject to planned slaughter or testing conditions; or\nkept on a cattle holding where cattle are, or have been, subject to planned slaughter or testing conditions; and\nthe applicant has prepared a supply chain plan for the cattle that has been approved by the chief executive; and\nthe applicant has taken the alternative supply actions affecting the cattle stated in the plan.\nHowever, the applicant is not eligible for supply chain pathway assistance for the costs incurred in taking alternative supply actions that affect any of the cattle if—\nsupply chain pathway assistance has already been granted for—\nthe same costs in relation to the cattle; or\nthe costs incurred in taking alternative supply actions in relation to the cattle under a supply chain plan other than the plan mentioned in subsection (1) (b) ; or\ndirect market assistance has already been granted in relation to the cattle; or\nan earlier application has been made in relation to the cattle but is yet to be decided.\nsch 25 s 10 ins 2013 SL No. 81 s 4\namd 2014 SL No. 230 s 3 (13)\n(sch.25-sec.10-ssec.1) An applicant is eligible for supply chain pathway assistance if, in addition to being satisfied of the matters mentioned in section 7 , the authority is satisfied— cattle owned by the applicant are, or have been— subject to planned slaughter or testing conditions; or kept on a cattle holding where cattle are, or have been, subject to planned slaughter or testing conditions; and the applicant has prepared a supply chain plan for the cattle that has been approved by the chief executive; and the applicant has taken the alternative supply actions affecting the cattle stated in the plan.\n(sch.25-sec.10-ssec.2) However, the applicant is not eligible for supply chain pathway assistance for the costs incurred in taking alternative supply actions that affect any of the cattle if— supply chain pathway assistance has already been granted for— the same costs in relation to the cattle; or the costs incurred in taking alternative supply actions in relation to the cattle under a supply chain plan other than the plan mentioned in subsection (1) (b) ; or direct market assistance has already been granted in relation to the cattle; or an earlier application has been made in relation to the cattle but is yet to be decided.\n- (a) cattle owned by the applicant are, or have been— (i) subject to planned slaughter or testing conditions; or (ii) kept on a cattle holding where cattle are, or have been, subject to planned slaughter or testing conditions; and\n- (i) subject to planned slaughter or testing conditions; or\n- (ii) kept on a cattle holding where cattle are, or have been, subject to planned slaughter or testing conditions; and\n- (b) the applicant has prepared a supply chain plan for the cattle that has been approved by the chief executive; and\n- (c) the applicant has taken the alternative supply actions affecting the cattle stated in the plan.\n- (i) subject to planned slaughter or testing conditions; or\n- (ii) kept on a cattle holding where cattle are, or have been, subject to planned slaughter or testing conditions; and\n- (a) supply chain pathway assistance has already been granted for— (i) the same costs in relation to the cattle; or (ii) the costs incurred in taking alternative supply actions in relation to the cattle under a supply chain plan other than the plan mentioned in subsection (1) (b) ; or\n- (i) the same costs in relation to the cattle; or\n- (ii) the costs incurred in taking alternative supply actions in relation to the cattle under a supply chain plan other than the plan mentioned in subsection (1) (b) ; or\n- (b) direct market assistance has already been granted in relation to the cattle; or\n- (c) an earlier application has been made in relation to the cattle but is yet to be decided.\n- (i) the same costs in relation to the cattle; or\n- (ii) the costs incurred in taking alternative supply actions in relation to the cattle under a supply chain plan other than the plan mentioned in subsection (1) (b) ; or","sortOrder":371},{"sectionNumber":"sch.25-sec.11","sectionType":"section","heading":"Amount of supply chain pathway assistance","content":"### sch.25-sec.11 Amount of supply chain pathway assistance\n\nThe amount of supply chain pathway assistance that may be given to an eligible applicant is half of the amount of the costs incurred by the applicant in carrying out the alternative supply actions to which the application relates.\nThis section is subject to section 6 .\nsch 25 s 11 ins 2013 SL No. 81 s 4\namd 2014 SL No. 230 s 3 (14)\n(sch.25-sec.11-ssec.1) The amount of supply chain pathway assistance that may be given to an eligible applicant is half of the amount of the costs incurred by the applicant in carrying out the alternative supply actions to which the application relates.\n(sch.25-sec.11-ssec.2) This section is subject to section 6 .","sortOrder":372},{"sectionNumber":"sch.25-pt.4A","sectionType":"part","heading":"Short-term assistance","content":"# Short-term assistance","sortOrder":373},{"sectionNumber":"sch.25-sec.11A","sectionType":"section","heading":"Definition for pt 4A","content":"### sch.25-sec.11A Definition for pt 4A\n\nIn this part—\ndisease plan means—\na property disease investigation plan; or\na property disease eradication plan.\nsch 25 s 11A ins 2014 SL No. 230 s 3 (15)\n- (a) a property disease investigation plan; or\n- (b) a property disease eradication plan.","sortOrder":374},{"sectionNumber":"sch.25-sec.11B","sectionType":"section","heading":"Eligibility criteria","content":"### sch.25-sec.11B Eligibility criteria\n\nAn applicant is eligible for short-term assistance if, in addition to being satisfied of the matters mentioned in section 7 , the authority is satisfied—\ncattle owned by the applicant have been, but are no longer—\nunder short-term quarantine; and\nsubject to planned slaughter or testing conditions under a disease plan prepared by the applicant in response to bovine Johne’s disease; and\nthe applicant has incurred costs in implementing the disease plan; and\nthe applicant has not already received the maximum amount of short-term assistance that may be given to an eligible applicant.\nHowever, the applicant is not eligible for short-term assistance for the costs incurred in carrying out the short-term quarantine of any of the cattle if—\nshort-term assistance has already been granted for—\nthe same costs in relation to the cattle; or\nthe costs incurred in carrying out the short-term quarantine of the cattle under a disease plan other than the plan mentioned in subsection (1) (a) (ii) ; or\ndirect market assistance has already been granted in relation to the cattle; or\nan earlier application has been made in relation to the cattle but is yet to be decided.\nsch 25 s 11B ins 2014 SL No. 230 s 3 (15)\n(sch.25-sec.11B-ssec.1) An applicant is eligible for short-term assistance if, in addition to being satisfied of the matters mentioned in section 7 , the authority is satisfied— cattle owned by the applicant have been, but are no longer— under short-term quarantine; and subject to planned slaughter or testing conditions under a disease plan prepared by the applicant in response to bovine Johne’s disease; and the applicant has incurred costs in implementing the disease plan; and the applicant has not already received the maximum amount of short-term assistance that may be given to an eligible applicant.\n(sch.25-sec.11B-ssec.2) However, the applicant is not eligible for short-term assistance for the costs incurred in carrying out the short-term quarantine of any of the cattle if— short-term assistance has already been granted for— the same costs in relation to the cattle; or the costs incurred in carrying out the short-term quarantine of the cattle under a disease plan other than the plan mentioned in subsection (1) (a) (ii) ; or direct market assistance has already been granted in relation to the cattle; or an earlier application has been made in relation to the cattle but is yet to be decided.\n- (a) cattle owned by the applicant have been, but are no longer— (i) under short-term quarantine; and (ii) subject to planned slaughter or testing conditions under a disease plan prepared by the applicant in response to bovine Johne’s disease; and\n- (i) under short-term quarantine; and\n- (ii) subject to planned slaughter or testing conditions under a disease plan prepared by the applicant in response to bovine Johne’s disease; and\n- (b) the applicant has incurred costs in implementing the disease plan; and\n- (c) the applicant has not already received the maximum amount of short-term assistance that may be given to an eligible applicant.\n- (i) under short-term quarantine; and\n- (ii) subject to planned slaughter or testing conditions under a disease plan prepared by the applicant in response to bovine Johne’s disease; and\n- (a) short-term assistance has already been granted for— (i) the same costs in relation to the cattle; or (ii) the costs incurred in carrying out the short-term quarantine of the cattle under a disease plan other than the plan mentioned in subsection (1) (a) (ii) ; or\n- (i) the same costs in relation to the cattle; or\n- (ii) the costs incurred in carrying out the short-term quarantine of the cattle under a disease plan other than the plan mentioned in subsection (1) (a) (ii) ; or\n- (b) direct market assistance has already been granted in relation to the cattle; or\n- (c) an earlier application has been made in relation to the cattle but is yet to be decided.\n- (i) the same costs in relation to the cattle; or\n- (ii) the costs incurred in carrying out the short-term quarantine of the cattle under a disease plan other than the plan mentioned in subsection (1) (a) (ii) ; or","sortOrder":375},{"sectionNumber":"sch.25-sec.11C","sectionType":"section","heading":"Amount of short-term assistance","content":"### sch.25-sec.11C Amount of short-term assistance\n\nThe amount of short-term assistance that may be given to an eligible applicant is half of the amount of the costs incurred by the applicant in implementing the disease plan.\ncosts of feeding or agisting the cattle or consigning the cattle to a feedlot\ncosts of transporting the cattle to an alternative market\nHowever, the maximum amount of short-term assistance that may be given to an eligible applicant is $20,000.\nAlso, this section is subject to section 6 .\nsch 25 s 11C ins 2014 SL No. 230 s 3 (15)\n(sch.25-sec.11C-ssec.1) The amount of short-term assistance that may be given to an eligible applicant is half of the amount of the costs incurred by the applicant in implementing the disease plan. costs of feeding or agisting the cattle or consigning the cattle to a feedlot costs of transporting the cattle to an alternative market\n(sch.25-sec.11C-ssec.2) However, the maximum amount of short-term assistance that may be given to an eligible applicant is $20,000.\n(sch.25-sec.11C-ssec.3) Also, this section is subject to section 6 .\n- • costs of feeding or agisting the cattle or consigning the cattle to a feedlot\n- • costs of transporting the cattle to an alternative market","sortOrder":376},{"sectionNumber":"sch.25-pt.5","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":377},{"sectionNumber":"sch.25-sec.12","sectionType":"section","heading":"Conditions of assistance","content":"### sch.25-sec.12 Conditions of assistance\n\nPayment of assistance under the scheme is subject to the conditions stated in subsections (2) to (6) .\nThe applicant must give the authority—\neach of the following documents that is relevant to the assistance applied for—\nthe property disease investigation plan;\nthe property disease eradication plan;\nthe supply chain plan; and\nany other document the authority reasonably requires to decide whether or not the applicant is a related entity of a person to whom section 7 (e) (i) or (ii) applies.\na lease, an agistment contract\nIf the application relates to the slaughter of, alternative supply actions affecting, or the short-term quarantine of, cattle that were brought into Queensland from another State on or after 20 November 2010, the applicant must give the authority the certificate of health for the cattle.\nIf the application is for direct market assistance, the applicant must give the authority evidence of the accepted value of each slaughtered animal in the form of—\nfor an animal bought by the applicant—tax invoices, official receipts for payment or bank statements; or\notherwise—the latest valuation report for the animal.\nIf the application is for supply chain pathway assistance, the applicant must give the authority evidence of the costs incurred in carrying out the alternative supply actions in the form of tax invoices, official receipts for payment or bank statements.\nIf the application is for short-term assistance, the applicant must give the authority evidence of the costs incurred in carrying out the short-term quarantine of the cattle in the form of tax invoices, official receipts for payment or bank statements.\nThe applicant must consent to the authority obtaining from the department information about either of the following relevant to the applicant’s eligibility for assistance—\na document mentioned in subsection (2) , (3) , (4) , (5) or (5A) ;\nslaughtering cattle.\nsch 25 s 12 ins 2013 SL No. 81 s 4\namd 2014 SL No. 230 s 3 (16) – (19)\n(sch.25-sec.12-ssec.1) Payment of assistance under the scheme is subject to the conditions stated in subsections (2) to (6) .\n(sch.25-sec.12-ssec.2) The applicant must give the authority— each of the following documents that is relevant to the assistance applied for— the property disease investigation plan; the property disease eradication plan; the supply chain plan; and any other document the authority reasonably requires to decide whether or not the applicant is a related entity of a person to whom section 7 (e) (i) or (ii) applies. a lease, an agistment contract\n(sch.25-sec.12-ssec.3) If the application relates to the slaughter of, alternative supply actions affecting, or the short-term quarantine of, cattle that were brought into Queensland from another State on or after 20 November 2010, the applicant must give the authority the certificate of health for the cattle.\n(sch.25-sec.12-ssec.4) If the application is for direct market assistance, the applicant must give the authority evidence of the accepted value of each slaughtered animal in the form of— for an animal bought by the applicant—tax invoices, official receipts for payment or bank statements; or otherwise—the latest valuation report for the animal.\n(sch.25-sec.12-ssec.5) If the application is for supply chain pathway assistance, the applicant must give the authority evidence of the costs incurred in carrying out the alternative supply actions in the form of tax invoices, official receipts for payment or bank statements.\n(sch.25-sec.12-ssec.5A) If the application is for short-term assistance, the applicant must give the authority evidence of the costs incurred in carrying out the short-term quarantine of the cattle in the form of tax invoices, official receipts for payment or bank statements.\n(sch.25-sec.12-ssec.6) The applicant must consent to the authority obtaining from the department information about either of the following relevant to the applicant’s eligibility for assistance— a document mentioned in subsection (2) , (3) , (4) , (5) or (5A) ; slaughtering cattle.\n- (a) each of the following documents that is relevant to the assistance applied for— (i) the property disease investigation plan; (ii) the property disease eradication plan; (iii) the supply chain plan; and\n- (i) the property disease investigation plan;\n- (ii) the property disease eradication plan;\n- (iii) the supply chain plan; and\n- (b) any other document the authority reasonably requires to decide whether or not the applicant is a related entity of a person to whom section 7 (e) (i) or (ii) applies. Examples of another document— a lease, an agistment contract\n- (i) the property disease investigation plan;\n- (ii) the property disease eradication plan;\n- (iii) the supply chain plan; and\n- (a) for an animal bought by the applicant—tax invoices, official receipts for payment or bank statements; or\n- (b) otherwise—the latest valuation report for the animal.\n- (a) a document mentioned in subsection (2) , (3) , (4) , (5) or (5A) ;\n- (b) slaughtering cattle.","sortOrder":378},{"sectionNumber":"sch.25-sec.13","sectionType":"section","heading":"Applications","content":"### sch.25-sec.13 Applications\n\nAn application for assistance under the scheme must be—\nmade on the authority’s application form; and\naccompanied by the documentation stated on the application; and\ngiven to the authority.\nAn application for assistance under the scheme must be received by the authority no later than 30 June 2015.\nThe authority may request that an applicant provide further relevant information or documents required to decide the application.\nsch 25 s 13 ins 2013 SL No. 81 s 4\namd 2014 SL No. 92 s 6 ; 2015 SL No. 8 s 3 (2)\n(sch.25-sec.13-ssec.1) An application for assistance under the scheme must be— made on the authority’s application form; and accompanied by the documentation stated on the application; and given to the authority.\n(sch.25-sec.13-ssec.2) An application for assistance under the scheme must be received by the authority no later than 30 June 2015.\n(sch.25-sec.13-ssec.3) The authority may request that an applicant provide further relevant information or documents required to decide the application.\n- (a) made on the authority’s application form; and\n- (b) accompanied by the documentation stated on the application; and\n- (c) given to the authority.","sortOrder":379},{"sectionNumber":"sch.25-sec.14","sectionType":"section","heading":"Deciding applications","content":"### sch.25-sec.14 Deciding applications\n\nSubject to subsection (2) , the authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\nThe authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.\nsch 25 s 14 ins 2013 SL No. 81 s 4\n(sch.25-sec.14-ssec.1) Subject to subsection (2) , the authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\n(sch.25-sec.14-ssec.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.","sortOrder":380},{"sectionNumber":"sch.26-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":381},{"sectionNumber":"sch.26-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.26-sec.1 Objective of scheme\n\nThe objective of the scheme is to assist Queensland businesses and non-profit organisations financially impacted by COVID–19 to retain employees and maintain their operations.\nsch 26 s 1 orig sch 26 s 1 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 1 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 1 ins 2020 SL No. 36 s 4","sortOrder":382},{"sectionNumber":"sch.26-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.26-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to provide concessional loans to eligible entities to assist the eligible entities to meet working capital expenses.\nFor subsection (1) , working capital expenses include, for example, the following—\npaying employee wages;\npaying creditors;\npaying rent and rates;\nbuying goods, including fuel, for the purpose of carrying on the business.\nHowever, for subsection (1) , the following are not working capital expenses—\nrefinancing existing business loans or equipment finance;\npurchasing new equipment or other assets.\nsch 26 s 2 orig sch 26 s 2 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 2 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 2 ins 2020 SL No. 36 s 4\n(sch.26-sec.2-ssec.1) The purpose of assistance under the scheme is to provide concessional loans to eligible entities to assist the eligible entities to meet working capital expenses.\n(sch.26-sec.2-ssec.2) For subsection (1) , working capital expenses include, for example, the following— paying employee wages; paying creditors; paying rent and rates; buying goods, including fuel, for the purpose of carrying on the business.\n(sch.26-sec.2-ssec.3) However, for subsection (1) , the following are not working capital expenses— refinancing existing business loans or equipment finance; purchasing new equipment or other assets.\n- (a) paying employee wages;\n- (b) paying creditors;\n- (c) paying rent and rates;\n- (d) buying goods, including fuel, for the purpose of carrying on the business.\n- (a) refinancing existing business loans or equipment finance;\n- (b) purchasing new equipment or other assets.","sortOrder":383},{"sectionNumber":"sch.26-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.26-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means a person applying for financial assistance under the scheme.\nCOVID–19 means the coronavirus known as COVID–19.\neligible business see section 4 .\neligible entity means 1 of the following—\nan eligible business;\na non-profit organisation.\nemployee , of an eligible entity—\nmeans an individual who ordinarily works for the eligible entity; and\nincludes an individual mentioned in paragraph (a) who is—\nan owner of the business carried on by the eligible entity; or\na director of the eligible entity.\nfull-time employee , of an eligible entity, means an employee who ordinarily works for at least 35 hours each week for the entity.\nloss of income see section 6 .\nnon-profit organisation means a charity or other not-for-profit entity that is incorporated under a law of the Commonwealth or a State.\nowner , of a business, means a sole trader, partnership, private company, public company or trust that carries on the business.\nscheme means the scheme set out in this schedule.\nsch 26 s 3 orig sch 26 s 3 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 3 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 3 ins 2020 SL No. 36 s 4\n- (a) an eligible business;\n- (b) a non-profit organisation.\n- (a) means an individual who ordinarily works for the eligible entity; and\n- (b) includes an individual mentioned in paragraph (a) who is— (i) an owner of the business carried on by the eligible entity; or (ii) a director of the eligible entity.\n- (i) an owner of the business carried on by the eligible entity; or\n- (ii) a director of the eligible entity.\n- (i) an owner of the business carried on by the eligible entity; or\n- (ii) a director of the eligible entity.","sortOrder":384},{"sectionNumber":"sch.26-sec.4","sectionType":"section","heading":"Meaning of eligible business","content":"### sch.26-sec.4 Meaning of eligible business\n\nAn eligible business is a business—\nfor which an entity holds an Australian Business Number; and\nthat has 1 or more equivalent full-time employees in Queensland; and\nthat is registered for GST.\nsch 26 s 4 orig sch 26 s 4 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 4 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 4 ins 2020 SL No. 36 s 4\n- (a) for which an entity holds an Australian Business Number; and\n- (b) that has 1 or more equivalent full-time employees in Queensland; and\n- (c) that is registered for GST.","sortOrder":385},{"sectionNumber":"sch.26-sec.5","sectionType":"section","heading":"Equivalent full-time employees","content":"### sch.26-sec.5 Equivalent full-time employees\n\nFor an eligible entity, the number of equivalent full-time employees of the entity is worked out using the formula—\nwhere—\nE means the number of equivalent full-time employees of the business.\nF means the number of full-time employees of the business.\nP means the total number of hours worked each week by employees other than full-time employees.\nsch 26 s 5 orig sch 26 s 5 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 5 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 5 ins 2020 SL No. 36 s 4","sortOrder":386},{"sectionNumber":"sch.26-sec.6","sectionType":"section","heading":"Meaning of loss of income","content":"### sch.26-sec.6 Meaning of loss of income\n\nAn eligible entity’s loss of income is the difference between—\nthe net income that the eligible entity earned in a period (the relevant period ); and\nthe net income that the eligible entity would have earned in the relevant period if the operation of the applicant’s eligible entity had not been interrupted by COVID–19.\nThe loss of income is assessed on the basis of the financial performance of the eligible entity during the same relevant period during the 2017–18 and 2018–19 financial years.\nsch 26 s 6 orig sch 26 s 6 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 6 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 6 ins 2020 SL No. 36 s 4\n(sch.26-sec.6-ssec.1) An eligible entity’s loss of income is the difference between— the net income that the eligible entity earned in a period (the relevant period ); and the net income that the eligible entity would have earned in the relevant period if the operation of the applicant’s eligible entity had not been interrupted by COVID–19.\n(sch.26-sec.6-ssec.2) The loss of income is assessed on the basis of the financial performance of the eligible entity during the same relevant period during the 2017–18 and 2018–19 financial years.\n- (a) the net income that the eligible entity earned in a period (the relevant period ); and\n- (b) the net income that the eligible entity would have earned in the relevant period if the operation of the applicant’s eligible entity had not been interrupted by COVID–19.","sortOrder":387},{"sectionNumber":"sch.26-pt.2","sectionType":"part","heading":"General provisions of scheme","content":"# General provisions of scheme","sortOrder":388},{"sectionNumber":"sch.26-sec.7","sectionType":"section","heading":"Nature of assistance","content":"### sch.26-sec.7 Nature of assistance\n\nThe 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 for a purpose mentioned in section 2 .\nsch 26 s 7 orig sch 26 s 7 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 7 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 7 ins 2020 SL No. 36 s 4","sortOrder":389},{"sectionNumber":"sch.26-sec.8","sectionType":"section","heading":"Maximum loan amount","content":"### sch.26-sec.8 Maximum loan amount\n\nThe amount of loan assistance that may be given to an applicant under the scheme is the lesser of—\n50% of the eligible entity’s annual employee wage expense; or\n$250,000.\nIn this section—\nannual employee wage expense means an average of the following expenses—\nthe total expense incurred by the business paying wages and superannuation to employees during the 2017–18 financial year; and\nthe total expense incurred by the business paying wages and superannuation to employees during the 2018–19 financial year.\nwages , for an employee, see Industrial Relations Act 2016 , schedule 5 .\nsch 26 s 8 orig sch 26 s 8 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 8 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 8 ins 2020 SL No. 36 s 4\n(sch.26-sec.8-ssec.1) The amount of loan assistance that may be given to an applicant under the scheme is the lesser of— 50% of the eligible entity’s annual employee wage expense; or $250,000.\n(sch.26-sec.8-ssec.2) In this section— annual employee wage expense means an average of the following expenses— the total expense incurred by the business paying wages and superannuation to employees during the 2017–18 financial year; and the total expense incurred by the business paying wages and superannuation to employees during the 2018–19 financial year. wages , for an employee, see Industrial Relations Act 2016 , schedule 5 .\n- (a) 50% of the eligible entity’s annual employee wage expense; or\n- (b) $250,000.\n- (a) the total expense incurred by the business paying wages and superannuation to employees during the 2017–18 financial year; and\n- (b) the total expense incurred by the business paying wages and superannuation to employees during the 2018–19 financial year.","sortOrder":390},{"sectionNumber":"sch.26-sec.9","sectionType":"section","heading":"Eligibility criteria—eligible business","content":"### sch.26-sec.9 Eligibility criteria—eligible business\n\nAn applicant is eligible for assistance under the scheme if the authority is satisfied—\nthe applicant is the owner of an eligible business; and\nthe applicant has continuously operated the eligible business since at least 1 July 2017; and\nthe eligible business has suffered a loss of income as a result of COVID–19; and\nthe eligible business is viable under normal business conditions; and\nthe applicant is able to service the loan under normal business conditions; and\nthe applicant intends to continue operating the eligible business after receiving the loan; and\nthe applicant intends to use any surplus liquid reserves or normal credit sources up to normal credit limits, in conjunction with the loan, to maintain business operations.\nsch 26 s 9 orig sch 26 s 9 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 9 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 9 ins 2020 SL No. 36 s 4\n- (a) the applicant is the owner of an eligible business; and\n- (b) the applicant has continuously operated the eligible business since at least 1 July 2017; and\n- (c) the eligible business has suffered a loss of income as a result of COVID–19; and\n- (d) the eligible business is viable under normal business conditions; and\n- (e) the applicant is able to service the loan under normal business conditions; and\n- (f) the applicant intends to continue operating the eligible business after receiving the loan; and\n- (g) the applicant intends to use any surplus liquid reserves or normal credit sources up to normal credit limits, in conjunction with the loan, to maintain business operations.","sortOrder":391},{"sectionNumber":"sch.26-sec.10","sectionType":"section","heading":"Eligibility criteria—non-profit organisation","content":"### sch.26-sec.10 Eligibility criteria—non-profit organisation\n\nAn applicant is eligible for assistance under the scheme if the authority is satisfied—\nthe applicant is a non-profit organisation; and\nthe applicant has 1 or more equivalent full-time employees in Queensland; and\nthe applicant has operated continuously since at least 1 July 2017; and\nthe applicant has suffered a loss of income as a result of COVID–19; and\nthe applicant is considered viable under normal business conditions; and\nthe applicant is able to service the loan under normal business conditions; and\nthe applicant intends to continue operations after receiving the loan; and\nthe applicant intends to use any surplus liquid reserves or normal credit sources up to normal credit limits, in conjunction with the loan, to continue operations.\nsch 26 s 10 orig sch 26 s 10 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 10 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 10 ins 2020 SL No. 36 s 4\n- (a) the applicant is a non-profit organisation; and\n- (b) the applicant has 1 or more equivalent full-time employees in Queensland; and\n- (c) the applicant has operated continuously since at least 1 July 2017; and\n- (d) the applicant has suffered a loss of income as a result of COVID–19; and\n- (e) the applicant is considered viable under normal business conditions; and\n- (f) the applicant is able to service the loan under normal business conditions; and\n- (g) the applicant intends to continue operations after receiving the loan; and\n- (h) the applicant intends to use any surplus liquid reserves or normal credit sources up to normal credit limits, in conjunction with the loan, to continue operations.","sortOrder":392},{"sectionNumber":"sch.26-sec.11","sectionType":"section","heading":"Interest rates","content":"### sch.26-sec.11 Interest rates\n\nThe interest charged on a loan given under the scheme must be calculated at a concessional interest rate decided by the authority.\nThe authority may include a condition varying the interest rate during the term of the loan.\nsch 26 s 11 orig sch 26 s 11 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 11 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 11 ins 2020 SL No. 36 s 4\n(sch.26-sec.11-ssec.1) The interest charged on a loan given under the scheme must be calculated at a concessional interest rate decided by the authority.\n(sch.26-sec.11-ssec.2) The authority may include a condition varying the interest rate during the term of the loan.","sortOrder":393},{"sectionNumber":"sch.26-sec.12","sectionType":"section","heading":"Security","content":"### sch.26-sec.12 Security\n\nA loan under the scheme must be secured to the satisfaction of the authority.\nsch 26 s 12 orig sch 26 s 12 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 12 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 12 ins 2020 SL No. 36 s 4","sortOrder":394},{"sectionNumber":"sch.26-sec.13","sectionType":"section","heading":"Terms of repayment","content":"### sch.26-sec.13 Terms of repayment\n\nThe term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\nDuring the first year of the loan, the authority must not charge interest and must defer repayments of principal under the loan.\nFrom the start of the second year of the loan, the amounts of the repayments of principal and interest under the loan are the amounts decided by the authority.\nFrom the start of the second year of the loan, the authority may defer repayments of interest for a further 2 years under the loan.\nsch 26 s 13 orig sch 26 s 13 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 13 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 13 ins 2020 SL No. 36 s 4\n(sch.26-sec.13-ssec.1) The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\n(sch.26-sec.13-ssec.2) During the first year of the loan, the authority must not charge interest and must defer repayments of principal under the loan.\n(sch.26-sec.13-ssec.3) From the start of the second year of the loan, the amounts of the repayments of principal and interest under the loan are the amounts decided by the authority.\n(sch.26-sec.13-ssec.4) From the start of the second year of the loan, the authority may defer repayments of interest for a further 2 years under the loan.","sortOrder":395},{"sectionNumber":"sch.26-sec.14","sectionType":"section","heading":"Requirements for applications","content":"### sch.26-sec.14 Requirements for applications\n\nAn application must—\nbe made on the authority’s application form; and\nbe accompanied by the documents stated in the application; and\nbe given to the authority.\nsch 26 s 14 orig sch 26 s 14 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 14 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 14 ins 2020 SL No. 36 s 4\n- (a) be made on the authority’s application form; and\n- (b) be accompanied by the documents stated in the application; and\n- (c) be given to the authority.","sortOrder":396},{"sectionNumber":"sch.26-sec.15","sectionType":"section","heading":"Conditions","content":"### sch.26-sec.15 Conditions\n\nIt is a condition of the loan that the applicant must consent to the authority conducting an audit to allow the authority to verify that amounts given to the applicant under the scheme have been used in accordance with the application for assistance.\nIt is a condition of the loan that if the authority asks the applicant for consent to confer with the applicant’s commercial lender, the applicant must provide the consent.\nsch 26 s 15 orig sch 26 s 15 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 15 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 15 ins 2020 SL No. 36 s 4\n(sch.26-sec.15-ssec.1) It is a condition of the loan that the applicant must consent to the authority conducting an audit to allow the authority to verify that amounts given to the applicant under the scheme have been used in accordance with the application for assistance.\n(sch.26-sec.15-ssec.2) It is a condition of the loan that if the authority asks the applicant for consent to confer with the applicant’s commercial lender, the applicant must provide the consent.","sortOrder":397},{"sectionNumber":"sch.26-sec.16","sectionType":"section","heading":"Deciding applications","content":"### sch.26-sec.16 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\nThe authority must consider applications in the order the applications are received by the authority.\nsch 26 s 16 orig sch 26 s 16 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 16 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 16 ins 2020 SL No. 36 s 4\n(sch.26-sec.16-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\n(sch.26-sec.16-ssec.2) The authority must consider applications in the order the applications are received by the authority.","sortOrder":398},{"sectionNumber":"sch.26-sec.17","sectionType":"section","heading":"Review by authority","content":"### sch.26-sec.17 Review by authority\n\nAssistance given to an applicant under the scheme may be subject to an annual review by the authority.\nsch 26 s 17 orig sch 26 s 17 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 17 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 26 s 17 ins 2020 SL No. 36 s 4","sortOrder":399},{"sectionNumber":"sch.26-sec.18","sectionType":"section","heading":null,"content":"### Section sch.26-sec.18\n\nsch 26 s 18 orig sch 26 s 18 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 18 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1","sortOrder":400},{"sectionNumber":"sch.26-sec.19","sectionType":"section","heading":null,"content":"### Section sch.26-sec.19\n\nsch 26 s 19 orig sch 26 s 19 ins 2013 SL No. 194 s 5\nom 2014 SL No. 51 s 6\nprev sch 26 s 19 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1","sortOrder":401},{"sectionNumber":"sch.26-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":402},{"sectionNumber":"sch.26-pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":403},{"sectionNumber":"sch.26-pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":404},{"sectionNumber":"sch.26-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":405},{"sectionNumber":"sch.26-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":406},{"sectionNumber":"sch.26-pt.3-div.5","sectionType":"division","heading":null,"content":"","sortOrder":407},{"sectionNumber":"sch.26-pt.3-div.6","sectionType":"division","heading":null,"content":"","sortOrder":408},{"sectionNumber":"sch.26-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":409},{"sectionNumber":"sch.27-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":410},{"sectionNumber":"sch.27-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.27-sec.1 Objective of scheme\n\nThe objective of the scheme is to help small businesses seriously disrupted by a closure or restrictions direction to sustain, adapt or develop the resilience of, their operations.\nsch 27 s 1 prev sch 27 s 1 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 27 s 1 ins 2020 SL No. 120 s 5","sortOrder":411},{"sectionNumber":"sch.27-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.27-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to provide grants to owners of eligible businesses to—\nhelp with meeting expenses associated with carrying out eligible activities; or\nreimburse the owners, in whole or in part, for expenses incurred in carrying out eligible activities.\nSee also section 4 (2) (a) .\nsch 27 s 2 prev sch 27 s 2 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 27 s 2 ins 2020 SL No. 120 s 5\n- (a) help with meeting expenses associated with carrying out eligible activities; or\n- (b) reimburse the owners, in whole or in part, for expenses incurred in carrying out eligible activities. Note— See also section 4 (2) (a) .","sortOrder":412},{"sectionNumber":"sch.27-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.27-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means a person applying for assistance under the scheme.\nclosure or restrictions direction means—\nthe public health direction called ‘Non-essential Business Closure Direction’, made on 23 March 2020 and revoked on 25 March 2020; or\na public health direction called ‘Non-essential business, activity and undertaking closure direction’; or\nthe Non-essential Business, Activity and Undertaking Closure Direction, made on 25 March 2020 and revoked on 26 March 2020\nthe Non-essential Business, Activity and Undertaking Closure Direction (No. 5), made on 9 April 2020 and revoked on 21 April 2020\nthe Non-essential Business, Activity and Undertaking Closure Direction (No. 10), made on 14 May 2020 and revoked on 1 June 2020\nthe public health direction called ‘Restrictions on Businesses, Activities and Undertakings Direction’, made on 1 June 2020 and revoked on 15 June 2020; or\nthe public health direction called ‘Restrictions on Businesses, Activities and Undertakings Direction (No. 2)’, made on 15 June 2020.\neligible activity see section 4 .\neligible business see section 6 .\nemployee , of a business, see section 5 .\nowner , of an eligible business, means—\na sole trader who spends labour on, and derives income from, the business; or\nin relation to a partnership, company or trust that carries on the business—the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend labour on, and derive income from, the business.\npublic health direction see the Public Health Act 2005 , section 362B (1) .\nscheme means the scheme set out in this schedule.\nwages see the Industrial Relations Act 2016 , schedule 5 .\nsch 27 s 3 prev sch 27 s 3 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 27 s 3 ins 2020 SL No. 120 s 5\n- (a) the public health direction called ‘Non-essential Business Closure Direction’, made on 23 March 2020 and revoked on 25 March 2020; or\n- (b) a public health direction called ‘Non-essential business, activity and undertaking closure direction’; or Examples— • the Non-essential Business, Activity and Undertaking Closure Direction, made on 25 March 2020 and revoked on 26 March 2020 • the Non-essential Business, Activity and Undertaking Closure Direction (No. 5), made on 9 April 2020 and revoked on 21 April 2020 • the Non-essential Business, Activity and Undertaking Closure Direction (No. 10), made on 14 May 2020 and revoked on 1 June 2020\n- • the Non-essential Business, Activity and Undertaking Closure Direction, made on 25 March 2020 and revoked on 26 March 2020\n- • the Non-essential Business, Activity and Undertaking Closure Direction (No. 5), made on 9 April 2020 and revoked on 21 April 2020\n- • the Non-essential Business, Activity and Undertaking Closure Direction (No. 10), made on 14 May 2020 and revoked on 1 June 2020\n- (c) the public health direction called ‘Restrictions on Businesses, Activities and Undertakings Direction’, made on 1 June 2020 and revoked on 15 June 2020; or\n- (d) the public health direction called ‘Restrictions on Businesses, Activities and Undertakings Direction (No. 2)’, made on 15 June 2020.\n- • the Non-essential Business, Activity and Undertaking Closure Direction, made on 25 March 2020 and revoked on 26 March 2020\n- • the Non-essential Business, Activity and Undertaking Closure Direction (No. 5), made on 9 April 2020 and revoked on 21 April 2020\n- • the Non-essential Business, Activity and Undertaking Closure Direction (No. 10), made on 14 May 2020 and revoked on 1 June 2020\n- (a) a sole trader who spends labour on, and derives income from, the business; or\n- (b) in relation to a partnership, company or trust that carries on the business—the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend labour on, and derive income from, the business.","sortOrder":413},{"sectionNumber":"sch.27-sec.4","sectionType":"section","heading":"Meaning of eligible activity","content":"### sch.27-sec.4 Meaning of eligible activity\n\nAn eligible activity , in relation to an eligible business, is any of the following—\nobtaining either of the following in relation to the sustainability or diversification of the business—\nfinancial, legal or other professional advice;\nstrategic planning, financial counselling or business coaching;\nconducting a marketing or communication activity;\ndeveloping a web page, an app or other media\ndeveloping a digital or technological strategy, or buying specialised digital equipment or business-specific software, for the purpose of conducting the business’s operations online;\nconducting training in relation to adapting to a new business model;\npaying a capital expense resulting from the business’s compliance with a closure or restrictions direction;\nan expense associated with installing screening equipment for contactless transactions\nan expense associated with installing counter-fronts designed to ensure social distancing\npaying other operational expenses.\nutility expenses, rates, rent, telecommunications expenses, insurance premiums, licensing or franchise fees\nHowever, none of the following is an eligible activity in relation to an eligible business—\nan activity mentioned in subsection (1) , to the extent the activity was carried out before 23 March 2020;\npaying wages, superannuation or a workers’ compensation expense for the business;\nbuying a business asset, other than as part of an activity mentioned in subsection (1) (c) or (e) , for the business;\nstock, fleet vehicles, machinery\npaying for a good or service provided to the business by—\na related entity of an owner of the business; or\na spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian of an employee of the business;\npaying for a service provided to the business for which payment has been, or is required to be, made in kind;\ndirect selling.\nIn this section—\ndirect selling means selling a thing from a location other than retail premises.\nrelated entity , of an owner of an eligible business, means—\na company of which the owner is a director or shareholder; or\na director or shareholder of a company of which the owner, or a company of which the owner is a director or shareholder, is also a director or shareholder; or\nan employee of the business; or\na spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian of the owner of the business.\nworkers’ compensation expense , for an eligible business, means an expense associated with an obligation of the business, or an owner of the business, under the Workers’ Compensation and Rehabilitation Act 2003 .\nsch 27 s 4 prev sch 27 s 4 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 27 s 4 ins 2020 SL No. 120 s 5\n(sch.27-sec.4-ssec.1) An eligible activity , in relation to an eligible business, is any of the following— obtaining either of the following in relation to the sustainability or diversification of the business— financial, legal or other professional advice; strategic planning, financial counselling or business coaching; conducting a marketing or communication activity; developing a web page, an app or other media developing a digital or technological strategy, or buying specialised digital equipment or business-specific software, for the purpose of conducting the business’s operations online; conducting training in relation to adapting to a new business model; paying a capital expense resulting from the business’s compliance with a closure or restrictions direction; an expense associated with installing screening equipment for contactless transactions an expense associated with installing counter-fronts designed to ensure social distancing paying other operational expenses. utility expenses, rates, rent, telecommunications expenses, insurance premiums, licensing or franchise fees\n(sch.27-sec.4-ssec.2) However, none of the following is an eligible activity in relation to an eligible business— an activity mentioned in subsection (1) , to the extent the activity was carried out before 23 March 2020; paying wages, superannuation or a workers’ compensation expense for the business; buying a business asset, other than as part of an activity mentioned in subsection (1) (c) or (e) , for the business; stock, fleet vehicles, machinery paying for a good or service provided to the business by— a related entity of an owner of the business; or a spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian of an employee of the business; paying for a service provided to the business for which payment has been, or is required to be, made in kind; direct selling.\n(sch.27-sec.4-ssec.3) In this section— direct selling means selling a thing from a location other than retail premises. related entity , of an owner of an eligible business, means— a company of which the owner is a director or shareholder; or a director or shareholder of a company of which the owner, or a company of which the owner is a director or shareholder, is also a director or shareholder; or an employee of the business; or a spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian of the owner of the business. workers’ compensation expense , for an eligible business, means an expense associated with an obligation of the business, or an owner of the business, under the Workers’ Compensation and Rehabilitation Act 2003 .\n- (a) obtaining either of the following in relation to the sustainability or diversification of the business— (i) financial, legal or other professional advice; (ii) strategic planning, financial counselling or business coaching;\n- (i) financial, legal or other professional advice;\n- (ii) strategic planning, financial counselling or business coaching;\n- (b) conducting a marketing or communication activity; Example of a marketing or communication activity— developing a web page, an app or other media\n- (c) developing a digital or technological strategy, or buying specialised digital equipment or business-specific software, for the purpose of conducting the business’s operations online;\n- (d) conducting training in relation to adapting to a new business model;\n- (e) paying a capital expense resulting from the business’s compliance with a closure or restrictions direction; Examples of a capital expense resulting from the business’s compliance with a closure or restrictions direction— • an expense associated with installing screening equipment for contactless transactions • an expense associated with installing counter-fronts designed to ensure social distancing\n- • an expense associated with installing screening equipment for contactless transactions\n- • an expense associated with installing counter-fronts designed to ensure social distancing\n- (f) paying other operational expenses. Examples of other operational expenses— utility expenses, rates, rent, telecommunications expenses, insurance premiums, licensing or franchise fees\n- (i) financial, legal or other professional advice;\n- (ii) strategic planning, financial counselling or business coaching;\n- • an expense associated with installing screening equipment for contactless transactions\n- • an expense associated with installing counter-fronts designed to ensure social distancing\n- (a) an activity mentioned in subsection (1) , to the extent the activity was carried out before 23 March 2020;\n- (b) paying wages, superannuation or a workers’ compensation expense for the business;\n- (c) buying a business asset, other than as part of an activity mentioned in subsection (1) (c) or (e) , for the business; Examples of a business asset for paragraph (c) — stock, fleet vehicles, machinery\n- (d) paying for a good or service provided to the business by— (i) a related entity of an owner of the business; or (ii) a spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian of an employee of the business;\n- (i) a related entity of an owner of the business; or\n- (ii) a spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian of an employee of the business;\n- (e) paying for a service provided to the business for which payment has been, or is required to be, made in kind;\n- (f) direct selling.\n- (i) a related entity of an owner of the business; or\n- (ii) a spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian of an employee of the business;\n- (a) a company of which the owner is a director or shareholder; or\n- (b) a director or shareholder of a company of which the owner, or a company of which the owner is a director or shareholder, is also a director or shareholder; or\n- (c) an employee of the business; or\n- (d) a spouse, child, stepchild, parent, step-parent, brother, sister, stepbrother, stepsister, grandparent or legal guardian of the owner of the business.","sortOrder":414},{"sectionNumber":"sch.27-sec.5","sectionType":"section","heading":"Meaning of employee of a business","content":"### sch.27-sec.5 Meaning of employee of a business\n\nAn individual who is employed, or usually employed, by the business, is an employee of the business.\nTo remove any doubt, it is declared that neither of the following is an employee of a business—\nan owner of the business;\na person who performs work under a contract for services with the business, including, for example, a subcontractor.\nsch 27 s 5 prev sch 27 s 5 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 27 s 5 ins 2020 SL No. 120 s 5\n(sch.27-sec.5-ssec.1) An individual who is employed, or usually employed, by the business, is an employee of the business.\n(sch.27-sec.5-ssec.2) To remove any doubt, it is declared that neither of the following is an employee of a business— an owner of the business; a person who performs work under a contract for services with the business, including, for example, a subcontractor.\n- (a) an owner of the business;\n- (b) a person who performs work under a contract for services with the business, including, for example, a subcontractor.","sortOrder":415},{"sectionNumber":"sch.27-sec.6","sectionType":"section","heading":"Meaning of eligible business","content":"### sch.27-sec.6 Meaning of eligible business\n\nA business is an eligible business if—\nan entity—\nholds an Australian Business Number for the business; and\nhas continuously held the same Australian Business Number for the business since 23 March 2020; and\nthe business is, and has since 23 March 2020 been, registered for GST; and\nthe business has its headquarters in Queensland; and\nthe business has at least 1, but not more than 19, employees; and\neither—\nthe annual turnover of the business for the 2018–2019 financial year or the 2019–2020 financial year was more than $75,000; or\nboth of the following apply—\nthe business has been operating for a period of less than 1 financial year;\naccording to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and\nA business has been operating for 100 days. The turnover of the business, according to its financial records, for the 100-day period must be more than $20,547.95.\nthe total of the wages and superannuation paid by the business to its employees during the 2018–2019 financial year or the 2019–2020 financial year was less than $1.3m; and\nneither an owner, nor a director or shareholder of an owner, of the business is an insolvent under administration.\nsch 27 s 6 prev sch 27 s 6 ins 2015 SL No. 125 s 10 (amd 2015 SL No. 148 s 4 (1) )\nom 2019 SL No. 71 s 59 sch 1\npres sch 27 s 6 ins 2020 SL No. 120 s 5\namd 2023 No. 23 s 247 sch 1 s 36\n- (a) an entity— (i) holds an Australian Business Number for the business; and (ii) has continuously held the same Australian Business Number for the business since 23 March 2020; and\n- (i) holds an Australian Business Number for the business; and\n- (ii) has continuously held the same Australian Business Number for the business since 23 March 2020; and\n- (b) the business is, and has since 23 March 2020 been, registered for GST; and\n- (c) the business has its headquarters in Queensland; and\n- (d) the business has at least 1, but not more than 19, employees; and\n- (e) either— (i) the annual turnover of the business for the 2018–2019 financial year or the 2019–2020 financial year was more than $75,000; or (ii) both of the following apply— (A) the business has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 100 days. The turnover of the business, according to its financial records, for the 100-day period must be more than $20,547.95.\n- (i) the annual turnover of the business for the 2018–2019 financial year or the 2019–2020 financial year was more than $75,000; or\n- (ii) both of the following apply— (A) the business has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 100 days. The turnover of the business, according to its financial records, for the 100-day period must be more than $20,547.95.\n- (A) the business has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 100 days. The turnover of the business, according to its financial records, for the 100-day period must be more than $20,547.95.\n- (f) the total of the wages and superannuation paid by the business to its employees during the 2018–2019 financial year or the 2019–2020 financial year was less than $1.3m; and\n- (g) neither an owner, nor a director or shareholder of an owner, of the business is an insolvent under administration.\n- (i) holds an Australian Business Number for the business; and\n- (ii) has continuously held the same Australian Business Number for the business since 23 March 2020; and\n- (i) the annual turnover of the business for the 2018–2019 financial year or the 2019–2020 financial year was more than $75,000; or\n- (ii) both of the following apply— (A) the business has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 100 days. The turnover of the business, according to its financial records, for the 100-day period must be more than $20,547.95.\n- (A) the business has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 100 days. The turnover of the business, according to its financial records, for the 100-day period must be more than $20,547.95.\n- (A) the business has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the business for the period was more than the proportion of $75,000 per financial year attributable to the period; and Example for sub-subparagraph (B)— A business has been operating for 100 days. The turnover of the business, according to its financial records, for the 100-day period must be more than $20,547.95.","sortOrder":416},{"sectionNumber":"sch.27-pt.2","sectionType":"part","heading":"General provisions of scheme","content":"# General provisions of scheme","sortOrder":417},{"sectionNumber":"sch.27-sec.7","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.27-sec.7 Nature and amount of assistance\n\nThe nature of the assistance available to an applicant under the scheme is a grant of financial assistance for an eligible activity carried out, or to be carried out, for an eligible business.\nThe maximum amount of assistance payable under the scheme is $10,000.\nsch 27 s 7 prev sch 27 s 7 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 27 s 7 ins 2020 SL No. 120 s 5\n(sch.27-sec.7-ssec.1) The nature of the assistance available to an applicant under the scheme is a grant of financial assistance for an eligible activity carried out, or to be carried out, for an eligible business.\n(sch.27-sec.7-ssec.2) The maximum amount of assistance payable under the scheme is $10,000.","sortOrder":418},{"sectionNumber":"sch.27-sec.8","sectionType":"section","heading":"Eligibility criteria","content":"### sch.27-sec.8 Eligibility criteria\n\nFor an applicant to be eligible to receive assistance under the scheme, the applicant must—\nbe an owner of an eligible business; and\nbe applying for assistance in relation to an eligible activity carried out, or to be carried out, for the eligible business; and\ndemonstrate to the satisfaction of the authority that—\nthe eligible business stopped operating for a period because of, or was otherwise seriously disrupted by, a closure or restrictions direction; and\nthe revenue of the eligible business has, for at least 1 month starting on or after 23 March 2020, reduced by at least 30% because of the COVID-19 emergency; and\nthe eligible activity will assist in sustaining, adapting, or developing the resilience of, the operations of the eligible business; and\nthe claimed cost of the eligible activity—\nis at least $2,000; and\nrepresents reasonable value for money.\nHowever, an applicant is not eligible to receive assistance under the scheme—\nin relation to an eligible business for which the applicant or any other person has received—\nassistance under the scheme; or\nfinancial assistance under the program known as the ‘Small Business COVID-19 Adaption Grant Program’ administered by the department in which the Further Education and Training Act 2014 is administered; or\nDetails of the Small Business COVID-19 Adaption Grant Program are available on the Department of Employment, Small Business and Training’s website.\nfor an eligible activity for which the applicant has received financial assistance from the Commonwealth government or the government of the State.\nIn this section—\nCOVID-19 emergency see the COVID-19 Emergency Response Act 2020 , schedule 1 .\nsch 27 s 8 prev sch 27 s 8 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 27 s 8 ins 2020 SL No. 120 s 5\n(sch.27-sec.8-ssec.1) For an applicant to be eligible to receive assistance under the scheme, the applicant must— be an owner of an eligible business; and be applying for assistance in relation to an eligible activity carried out, or to be carried out, for the eligible business; and demonstrate to the satisfaction of the authority that— the eligible business stopped operating for a period because of, or was otherwise seriously disrupted by, a closure or restrictions direction; and the revenue of the eligible business has, for at least 1 month starting on or after 23 March 2020, reduced by at least 30% because of the COVID-19 emergency; and the eligible activity will assist in sustaining, adapting, or developing the resilience of, the operations of the eligible business; and the claimed cost of the eligible activity— is at least $2,000; and represents reasonable value for money.\n(sch.27-sec.8-ssec.2) However, an applicant is not eligible to receive assistance under the scheme— in relation to an eligible business for which the applicant or any other person has received— assistance under the scheme; or financial assistance under the program known as the ‘Small Business COVID-19 Adaption Grant Program’ administered by the department in which the Further Education and Training Act 2014 is administered; or Details of the Small Business COVID-19 Adaption Grant Program are available on the Department of Employment, Small Business and Training’s website. for an eligible activity for which the applicant has received financial assistance from the Commonwealth government or the government of the State.\n(sch.27-sec.8-ssec.3) In this section— COVID-19 emergency see the COVID-19 Emergency Response Act 2020 , schedule 1 .\n- (a) be an owner of an eligible business; and\n- (b) be applying for assistance in relation to an eligible activity carried out, or to be carried out, for the eligible business; and\n- (c) demonstrate to the satisfaction of the authority that— (i) the eligible business stopped operating for a period because of, or was otherwise seriously disrupted by, a closure or restrictions direction; and (ii) the revenue of the eligible business has, for at least 1 month starting on or after 23 March 2020, reduced by at least 30% because of the COVID-19 emergency; and (iii) the eligible activity will assist in sustaining, adapting, or developing the resilience of, the operations of the eligible business; and (iv) the claimed cost of the eligible activity— (A) is at least $2,000; and (B) represents reasonable value for money.\n- (i) the eligible business stopped operating for a period because of, or was otherwise seriously disrupted by, a closure or restrictions direction; and\n- (ii) the revenue of the eligible business has, for at least 1 month starting on or after 23 March 2020, reduced by at least 30% because of the COVID-19 emergency; and\n- (iii) the eligible activity will assist in sustaining, adapting, or developing the resilience of, the operations of the eligible business; and\n- (iv) the claimed cost of the eligible activity— (A) is at least $2,000; and (B) represents reasonable value for money.\n- (A) is at least $2,000; and\n- (B) represents reasonable value for money.\n- (i) the eligible business stopped operating for a period because of, or was otherwise seriously disrupted by, a closure or restrictions direction; and\n- (ii) the revenue of the eligible business has, for at least 1 month starting on or after 23 March 2020, reduced by at least 30% because of the COVID-19 emergency; and\n- (iii) the eligible activity will assist in sustaining, adapting, or developing the resilience of, the operations of the eligible business; and\n- (iv) the claimed cost of the eligible activity— (A) is at least $2,000; and (B) represents reasonable value for money.\n- (A) is at least $2,000; and\n- (B) represents reasonable value for money.\n- (A) is at least $2,000; and\n- (B) represents reasonable value for money.\n- (a) in relation to an eligible business for which the applicant or any other person has received— (i) assistance under the scheme; or (ii) financial assistance under the program known as the ‘Small Business COVID-19 Adaption Grant Program’ administered by the department in which the Further Education and Training Act 2014 is administered; or Editor’s note— Details of the Small Business COVID-19 Adaption Grant Program are available on the Department of Employment, Small Business and Training’s website.\n- (i) assistance under the scheme; or\n- (ii) financial assistance under the program known as the ‘Small Business COVID-19 Adaption Grant Program’ administered by the department in which the Further Education and Training Act 2014 is administered; or Editor’s note— Details of the Small Business COVID-19 Adaption Grant Program are available on the Department of Employment, Small Business and Training’s website.\n- (b) for an eligible activity for which the applicant has received financial assistance from the Commonwealth government or the government of the State.\n- (i) assistance under the scheme; or\n- (ii) financial assistance under the program known as the ‘Small Business COVID-19 Adaption Grant Program’ administered by the department in which the Further Education and Training Act 2014 is administered; or Editor’s note— Details of the Small Business COVID-19 Adaption Grant Program are available on the Department of Employment, Small Business and Training’s website.","sortOrder":419},{"sectionNumber":"sch.27-sec.9","sectionType":"section","heading":"Requirements for applications","content":"### sch.27-sec.9 Requirements for applications\n\nAn application for assistance under the scheme must be—\nmade on the authority’s application form; and\naccompanied by the documents stated in the application form; and\ngiven to the authority.\nIf the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\nsch 27 s 9 prev sch 27 s 9 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1\npres sch 27 s 9 ins 2020 SL No. 120 s 5\n(sch.27-sec.9-ssec.1) An application for assistance under the scheme must be— made on the authority’s application form; and accompanied by the documents stated in the application form; and given to the authority.\n(sch.27-sec.9-ssec.2) If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\n- (a) made on the authority’s application form; and\n- (b) accompanied by the documents stated in the application form; and\n- (c) given to the authority.","sortOrder":420},{"sectionNumber":"sch.27-sec.10","sectionType":"section","heading":"Deciding applications","content":"### sch.27-sec.10 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 9 (1) .\nThe authority must consider applications in the order they are received by the authority.\nThe authority must refuse an application for assistance relating to an eligible SEQ business to the extent the proportion of the authority’s scheme funds allocated for owners of eligible SEQ businesses are not enough to pay for the assistance.\nAlso, the authority must refuse an application for assistance relating to an eligible regional business to the extent the proportion of the authority’s scheme funds allocated for owners of eligible regional businesses are not enough to pay for the assistance.\nIn this section—\neligible regional business means an eligible business that is not an eligible SEQ business.\neligible SEQ business means an eligible business whose principal place of business is located within—\nthe boundaries of Brisbane as described by regulation under the City of Brisbane Act 2010 , section 7 (4) ; or\nSee also the City of Brisbane Regulation 2012 , section 3 .\nthe Gold Coast, Ipswich, Lockyer Valley, Logan, Moreton Bay, Noosa, Redlands, Scenic Rim, Somerset, Sunshine Coast or Toowoomba local government area.\nscheme funds , of the authority, means the authority’s assistance funds for the scheme.\nsch 27 s 10 prev sch 27 s 10 ins 2015 SL No. 125 s 10 (amd 2015 SL No. 148 s 4 (2) )\nom 2019 SL No. 71 s 59 sch 1\npres sch 27 s 10 ins 2020 SL No. 120 s 5\n(sch.27-sec.10-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 9 (1) .\n(sch.27-sec.10-ssec.2) The authority must consider applications in the order they are received by the authority.\n(sch.27-sec.10-ssec.3) The authority must refuse an application for assistance relating to an eligible SEQ business to the extent the proportion of the authority’s scheme funds allocated for owners of eligible SEQ businesses are not enough to pay for the assistance.\n(sch.27-sec.10-ssec.4) Also, the authority must refuse an application for assistance relating to an eligible regional business to the extent the proportion of the authority’s scheme funds allocated for owners of eligible regional businesses are not enough to pay for the assistance.\n(sch.27-sec.10-ssec.5) In this section— eligible regional business means an eligible business that is not an eligible SEQ business. eligible SEQ business means an eligible business whose principal place of business is located within— the boundaries of Brisbane as described by regulation under the City of Brisbane Act 2010 , section 7 (4) ; or See also the City of Brisbane Regulation 2012 , section 3 . the Gold Coast, Ipswich, Lockyer Valley, Logan, Moreton Bay, Noosa, Redlands, Scenic Rim, Somerset, Sunshine Coast or Toowoomba local government area. scheme funds , of the authority, means the authority’s assistance funds for the scheme.\n- (a) the boundaries of Brisbane as described by regulation under the City of Brisbane Act 2010 , section 7 (4) ; or Note— See also the City of Brisbane Regulation 2012 , section 3 .\n- (b) the Gold Coast, Ipswich, Lockyer Valley, Logan, Moreton Bay, Noosa, Redlands, Scenic Rim, Somerset, Sunshine Coast or Toowoomba local government area.","sortOrder":421},{"sectionNumber":"sch.27-sec.11","sectionType":"section","heading":"Conditions of assistance","content":"### sch.27-sec.11 Conditions of assistance\n\nPayment of assistance under the scheme to an applicant is subject to the conditions stated in this section.\nThe full amount of assistance given for an eligible activity must be used—\nif the eligible activity is completed before the assistance is approved—for reimbursing the applicant, in whole or in part, for an expense incurred to complete the activity; or\notherwise—for completing the activity.\nThe applicant must—\nuntil 4 years after the assistance is approved, keep the following records in relation to each eligible activity for which the assistance is given—\nall tax invoices, official receipts, bank statements or other similar records of amounts paid;\nall quotations or other similar records of amounts claimed; and\nconsent to the authority conducting an audit of the records mentioned in paragraph (a) to allow the authority to verify that assistance given to the applicant under the scheme has been used in accordance with the application for assistance.\nsch 27 s 11 prev sch 27 s 11 ins 2015 SL No. 125 s 10 (amd 2015 SL No, 148 s 4(3))\nom 2019 SL No. 71 s 59 sch 1\npres sch 27 s 11 ins 2020 SL No. 120 s 5\n(sch.27-sec.11-ssec.1) Payment of assistance under the scheme to an applicant is subject to the conditions stated in this section.\n(sch.27-sec.11-ssec.2) The full amount of assistance given for an eligible activity must be used— if the eligible activity is completed before the assistance is approved—for reimbursing the applicant, in whole or in part, for an expense incurred to complete the activity; or otherwise—for completing the activity.\n(sch.27-sec.11-ssec.3) The applicant must— until 4 years after the assistance is approved, keep the following records in relation to each eligible activity for which the assistance is given— all tax invoices, official receipts, bank statements or other similar records of amounts paid; all quotations or other similar records of amounts claimed; and consent to the authority conducting an audit of the records mentioned in paragraph (a) to allow the authority to verify that assistance given to the applicant under the scheme has been used in accordance with the application for assistance.\n- (a) if the eligible activity is completed before the assistance is approved—for reimbursing the applicant, in whole or in part, for an expense incurred to complete the activity; or\n- (b) otherwise—for completing the activity.\n- (a) until 4 years after the assistance is approved, keep the following records in relation to each eligible activity for which the assistance is given— (i) all tax invoices, official receipts, bank statements or other similar records of amounts paid; (ii) all quotations or other similar records of amounts claimed; and\n- (i) all tax invoices, official receipts, bank statements or other similar records of amounts paid;\n- (ii) all quotations or other similar records of amounts claimed; and\n- (b) consent to the authority conducting an audit of the records mentioned in paragraph (a) to allow the authority to verify that assistance given to the applicant under the scheme has been used in accordance with the application for assistance.\n- (i) all tax invoices, official receipts, bank statements or other similar records of amounts paid;\n- (ii) all quotations or other similar records of amounts claimed; and","sortOrder":422},{"sectionNumber":"sch.27-sec.12","sectionType":"section","heading":null,"content":"### Section sch.27-sec.12\n\nsch 27 s 12 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1","sortOrder":423},{"sectionNumber":"sch.27-sec.13","sectionType":"section","heading":null,"content":"### Section sch.27-sec.13\n\nsch 27 s 13 ins 2015 SL No. 125 s 10\nom 2019 SL No. 71 s 59 sch 1","sortOrder":424},{"sectionNumber":"sch.27-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":425},{"sectionNumber":"sch.27-pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":426},{"sectionNumber":"sch.27-pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":427},{"sectionNumber":"sch.27-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":428},{"sectionNumber":"sch.27-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":429},{"sectionNumber":"sch.28-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":430},{"sectionNumber":"sch.28-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.28-sec.1 Objective of scheme\n\nThe objective of the scheme is to provide financial assistance to—\nparticular holders of taxi service licences and limousine licences; and\nparticular operators of taxi services and booked hire services; and\nparticular holders of booking entity authorisations.\nsch 28 s 1 prev sch 28 s 1 ins 2015 SL No. 148 s 7\nom 2019 SL No. 71 s 59 sch 1\npres sch 28 s 1 ins 2020 SL No. 149 s 4\n- (a) particular holders of taxi service licences and limousine licences; and\n- (b) particular operators of taxi services and booked hire services; and\n- (c) particular holders of booking entity authorisations.","sortOrder":431},{"sectionNumber":"sch.28-sec.2","sectionType":"section","heading":"Purpose of scheme","content":"### sch.28-sec.2 Purpose of scheme\n\nThe purpose of the scheme is to address the disruption caused to the taxi and limousine industry by the COVID-19 emergency by supporting the services provided by the industry to allow them to operate or return to operation.\nIn this section—\nCOVID-19 emergency means the declared public health emergency under the Public Health Act 2005 , section 319 (2) for COVID-19 declared on 29 January 2020, as extended and further extended under that Act.\nsch 28 s 2 prev sch 28 s 2 ins 2015 SL No. 148 s 7\nom 2019 SL No. 71 s 59 sch 1\npres sch 28 s 2 ins 2020 SL No. 149 s 4\n(sch.28-sec.2-ssec.1) The purpose of the scheme is to address the disruption caused to the taxi and limousine industry by the COVID-19 emergency by supporting the services provided by the industry to allow them to operate or return to operation.\n(sch.28-sec.2-ssec.2) In this section— COVID-19 emergency means the declared public health emergency under the Public Health Act 2005 , section 319 (2) for COVID-19 declared on 29 January 2020, as extended and further extended under that Act.","sortOrder":432},{"sectionNumber":"sch.28-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.28-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means a person applying for financial assistance under the scheme.\nauthorisation register means the register of booking entity authorisations kept under the Transport Operations (Passenger Transport) Act 1994 , section 91ZH .\nbooked hire service see the Transport Operations (Passenger Transport) Act 1994 , section 71 .\nbooking entity authorisation see the Transport Operations (Passenger Transport) Act 1994 , section 91V (1) .\nclosing day see section 14 (1) (c) .\neligible motor vehicle , for a booking entity authorisation, see section 5 .\nlicence register means the register of licences kept under the Transport Operations (Passenger Transport) Act 1994 , section 91U .\nlimousine means a motor vehicle stated in a limousine licence.\nlimousine licence see the Transport Operations (Passenger Transport) Act 1994 , section 91H (1) .\nmotor vehicle see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\nnotice means written notice.\noperator see the Transport Operations (Passenger Transport) Act 1994 , schedule 3 .\nrelevant booking entity authorisation see section 6 .\nrelevant licence see section 4 .\nscheme means the scheme set out in this schedule.\ntaxi means a motor vehicle stated in a taxi service licence.\ntaxi service licence see the Transport Operations (Passenger Transport) Act 1994 , section 91D .\ntransport chief executive means the chief executive of the department in which the Transport Operations (Passenger Transport) Act 1994 is administered.\nultimate lessee , of a relevant licence, means a person who—\nis a lessee or sublessee of the licence; and\nhas not leased the person’s interest in the licence to another person.\nsch 28 s 3 prev sch 28 s 3 ins 2015 SL No. 148 s 7\nom 2019 SL No. 71 s 59 sch 1\npres sch 28 s 3 ins 2020 SL No. 149 s 4\n- (a) is a lessee or sublessee of the licence; and\n- (b) has not leased the person’s interest in the licence to another person.","sortOrder":433},{"sectionNumber":"sch.28-sec.4","sectionType":"section","heading":"What is a relevant licence","content":"### sch.28-sec.4 What is a relevant licence\n\nA relevant licence is a taxi service licence, or a limousine licence, that was in force on 16 June 2020.\nsch 28 s 4 prev sch 28 s 4 ins 2015 SL No. 148 s 7\nom 2019 SL No. 71 s 59 sch 1\npres sch 28 s 4 ins 2020 SL No. 149 s 4","sortOrder":434},{"sectionNumber":"sch.28-sec.5","sectionType":"section","heading":"What is an eligible motor vehicle","content":"### sch.28-sec.5 What is an eligible motor vehicle\n\nAn eligible motor vehicle , for a booking entity authorisation, is a motor vehicle that—\nis available to be used to provide booked hire services under the booking entity authorisation; and\nis 1 of the following types—\nan exempted taxi;\na taxi, other than an exempted taxi, that displays the livery of the authorised booking entity that holds the booking entity authorisation;\na limousine.\nIn this section—\nauthorised booking entity see the Transport Operations (Passenger Transport) Act 1994 , section 91V (2) .\nexempted taxi means a taxi that is not required under the taxi service licence for the taxi to be fitted with a taximeter.\nsch 28 s 5 prev sch 28 s 5 ins 2015 SL No. 148 s 7\nom 2019 SL No. 71 s 59 sch 1\npres sch 28 s 5 ins 2020 SL No. 149 s 4\n(sch.28-sec.5-ssec.1) An eligible motor vehicle , for a booking entity authorisation, is a motor vehicle that— is available to be used to provide booked hire services under the booking entity authorisation; and is 1 of the following types— an exempted taxi; a taxi, other than an exempted taxi, that displays the livery of the authorised booking entity that holds the booking entity authorisation; a limousine.\n(sch.28-sec.5-ssec.2) In this section— authorised booking entity see the Transport Operations (Passenger Transport) Act 1994 , section 91V (2) . exempted taxi means a taxi that is not required under the taxi service licence for the taxi to be fitted with a taximeter.\n- (a) is available to be used to provide booked hire services under the booking entity authorisation; and\n- (b) is 1 of the following types— (i) an exempted taxi; (ii) a taxi, other than an exempted taxi, that displays the livery of the authorised booking entity that holds the booking entity authorisation; (iii) a limousine.\n- (i) an exempted taxi;\n- (ii) a taxi, other than an exempted taxi, that displays the livery of the authorised booking entity that holds the booking entity authorisation;\n- (iii) a limousine.\n- (i) an exempted taxi;\n- (ii) a taxi, other than an exempted taxi, that displays the livery of the authorised booking entity that holds the booking entity authorisation;\n- (iii) a limousine.","sortOrder":435},{"sectionNumber":"sch.28-sec.6","sectionType":"section","heading":"What is a relevant booking entity authorisation","content":"### sch.28-sec.6 What is a relevant booking entity authorisation\n\nA relevant booking entity authorisation is a booking entity authorisation—\nthat was in force for at least the period starting on 10 March 2020 and ending on 16 June 2020; and\nfor which there were 1 or more eligible motor vehicles on 10 March 2020.\nHowever, if 10 or more motor vehicles were available to be used to provide booked hire services under the booking entity authorisation on 10 March 2020, the authorisation is a relevant booking entity authorisation only if 70% or more of those vehicles were eligible motor vehicles.\nsch 28 s 6 prev sch 28 s 6 ins 2015 SL No. 148 s 7\nom 2019 SL No. 71 s 59 sch 1\npres sch 28 s 6 ins 2020 SL No. 149 s 4\n(sch.28-sec.6-ssec.1) A relevant booking entity authorisation is a booking entity authorisation— that was in force for at least the period starting on 10 March 2020 and ending on 16 June 2020; and for which there were 1 or more eligible motor vehicles on 10 March 2020.\n(sch.28-sec.6-ssec.2) However, if 10 or more motor vehicles were available to be used to provide booked hire services under the booking entity authorisation on 10 March 2020, the authorisation is a relevant booking entity authorisation only if 70% or more of those vehicles were eligible motor vehicles.\n- (a) that was in force for at least the period starting on 10 March 2020 and ending on 16 June 2020; and\n- (b) for which there were 1 or more eligible motor vehicles on 10 March 2020.","sortOrder":436},{"sectionNumber":"sch.28-pt.2","sectionType":"part","heading":"Taxi service licences and limousine licences","content":"# Taxi service licences and limousine licences","sortOrder":437},{"sectionNumber":"sch.28-sec.7","sectionType":"section","heading":"Nature of assistance","content":"### sch.28-sec.7 Nature of assistance\n\nThe nature of the assistance that may be given under this part is a payment of an amount to particular holders of relevant licences and particular operators, based on the number of relevant licences held or operated.\nsch 28 s 7 prev sch 28 s 7 ins 2015 SL No. 148 s 7\nom 2019 SL No. 71 s 59 sch 1\npres sch 28 s 7 ins 2020 SL No. 149 s 4","sortOrder":438},{"sectionNumber":"sch.28-sec.8","sectionType":"section","heading":"Eligibility criteria","content":"### sch.28-sec.8 Eligibility criteria\n\nAn applicant is eligible for assistance under the scheme if—\non 16 June 2020, the applicant was recorded in the licence register as the holder of a relevant licence; or\nthe applicant has been declared, under section 19 , to be the holder of a relevant licence.\nFor subsection (1) (a) , if 2 or more persons hold a relevant licence, the persons are collectively the holder of the relevant licence.\nAlso, an applicant is eligible for assistance under the scheme if—\nall of the following apply—\nthe applicant was an operator on 16 June 2020;\non 16 June 2020—\nthe applicant was recorded in the licence register as the holder of a relevant licence and the licence was not subject to a lease or a relevant agreement; or\nthe applicant was recorded in the licence register as the ultimate lessee of a relevant licence and the licence was subject to a lease but not subject to a relevant agreement; or\nthe applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for the majority of the costs associated with providing the services of a taxi or limousine under the licence;\nthe relevant licence mentioned in subparagraph (ii) (A) , (B) or (C) had a taxi or limousine stated in it on 10 March 2020; or\nthe applicant has been declared, under section 19 , to be the operator of a relevant licence.\nFurther, an applicant is eligible for assistance under the scheme if, on 16 June 2020—\nthe applicant was an operator; and\nthe applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for half of the costs associated with providing the services of a taxi or limousine under the licence; and\nthe relevant licence that was the subject of the relevant agreement mentioned in paragraph (b) had a taxi or limousine stated in it on 10 March 2020.\nIn this section—\nrelevant agreement , about a taxi service licence or limousine licence, means a written agreement between a person mentioned in subsection (3) (a) (ii) (A) or (B) (the first party ) and another person (the second party ) under which—\nthe parties agree to apportion the costs associated with providing the services of a taxi or limousine under the licence; and\nthe second party has made a payment to the first party for the right to provide the services of a taxi or limousine under the relevant licence.\nsch 28 s 8 prev sch 28 s 8 ins 2015 SL No. 148 s 7\nom 2019 SL No. 71 s 59 sch 1\npres sch 28 s 8 ins 2020 SL No. 149 s 4\n(sch.28-sec.8-ssec.1) An applicant is eligible for assistance under the scheme if— on 16 June 2020, the applicant was recorded in the licence register as the holder of a relevant licence; or the applicant has been declared, under section 19 , to be the holder of a relevant licence.\n(sch.28-sec.8-ssec.2) For subsection (1) (a) , if 2 or more persons hold a relevant licence, the persons are collectively the holder of the relevant licence.\n(sch.28-sec.8-ssec.3) Also, an applicant is eligible for assistance under the scheme if— all of the following apply— the applicant was an operator on 16 June 2020; on 16 June 2020— the applicant was recorded in the licence register as the holder of a relevant licence and the licence was not subject to a lease or a relevant agreement; or the applicant was recorded in the licence register as the ultimate lessee of a relevant licence and the licence was subject to a lease but not subject to a relevant agreement; or the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for the majority of the costs associated with providing the services of a taxi or limousine under the licence; the relevant licence mentioned in subparagraph (ii) (A) , (B) or (C) had a taxi or limousine stated in it on 10 March 2020; or the applicant has been declared, under section 19 , to be the operator of a relevant licence.\n(sch.28-sec.8-ssec.4) Further, an applicant is eligible for assistance under the scheme if, on 16 June 2020— the applicant was an operator; and the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for half of the costs associated with providing the services of a taxi or limousine under the licence; and the relevant licence that was the subject of the relevant agreement mentioned in paragraph (b) had a taxi or limousine stated in it on 10 March 2020.\n(sch.28-sec.8-ssec.5) In this section— relevant agreement , about a taxi service licence or limousine licence, means a written agreement between a person mentioned in subsection (3) (a) (ii) (A) or (B) (the first party ) and another person (the second party ) under which— the parties agree to apportion the costs associated with providing the services of a taxi or limousine under the licence; and the second party has made a payment to the first party for the right to provide the services of a taxi or limousine under the relevant licence.\n- (a) on 16 June 2020, the applicant was recorded in the licence register as the holder of a relevant licence; or\n- (b) the applicant has been declared, under section 19 , to be the holder of a relevant licence.\n- (a) all of the following apply— (i) the applicant was an operator on 16 June 2020; (ii) on 16 June 2020— (A) the applicant was recorded in the licence register as the holder of a relevant licence and the licence was not subject to a lease or a relevant agreement; or (B) the applicant was recorded in the licence register as the ultimate lessee of a relevant licence and the licence was subject to a lease but not subject to a relevant agreement; or (C) the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for the majority of the costs associated with providing the services of a taxi or limousine under the licence; (iii) the relevant licence mentioned in subparagraph (ii) (A) , (B) or (C) had a taxi or limousine stated in it on 10 March 2020; or\n- (i) the applicant was an operator on 16 June 2020;\n- (ii) on 16 June 2020— (A) the applicant was recorded in the licence register as the holder of a relevant licence and the licence was not subject to a lease or a relevant agreement; or (B) the applicant was recorded in the licence register as the ultimate lessee of a relevant licence and the licence was subject to a lease but not subject to a relevant agreement; or (C) the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for the majority of the costs associated with providing the services of a taxi or limousine under the licence;\n- (A) the applicant was recorded in the licence register as the holder of a relevant licence and the licence was not subject to a lease or a relevant agreement; or\n- (B) the applicant was recorded in the licence register as the ultimate lessee of a relevant licence and the licence was subject to a lease but not subject to a relevant agreement; or\n- (C) the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for the majority of the costs associated with providing the services of a taxi or limousine under the licence;\n- (iii) the relevant licence mentioned in subparagraph (ii) (A) , (B) or (C) had a taxi or limousine stated in it on 10 March 2020; or\n- (b) the applicant has been declared, under section 19 , to be the operator of a relevant licence.\n- (i) the applicant was an operator on 16 June 2020;\n- (ii) on 16 June 2020— (A) the applicant was recorded in the licence register as the holder of a relevant licence and the licence was not subject to a lease or a relevant agreement; or (B) the applicant was recorded in the licence register as the ultimate lessee of a relevant licence and the licence was subject to a lease but not subject to a relevant agreement; or (C) the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for the majority of the costs associated with providing the services of a taxi or limousine under the licence;\n- (A) the applicant was recorded in the licence register as the holder of a relevant licence and the licence was not subject to a lease or a relevant agreement; or\n- (B) the applicant was recorded in the licence register as the ultimate lessee of a relevant licence and the licence was subject to a lease but not subject to a relevant agreement; or\n- (C) the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for the majority of the costs associated with providing the services of a taxi or limousine under the licence;\n- (iii) the relevant licence mentioned in subparagraph (ii) (A) , (B) or (C) had a taxi or limousine stated in it on 10 March 2020; or\n- (A) the applicant was recorded in the licence register as the holder of a relevant licence and the licence was not subject to a lease or a relevant agreement; or\n- (B) the applicant was recorded in the licence register as the ultimate lessee of a relevant licence and the licence was subject to a lease but not subject to a relevant agreement; or\n- (C) the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for the majority of the costs associated with providing the services of a taxi or limousine under the licence;\n- (a) the applicant was an operator; and\n- (b) the applicant was a party to a relevant agreement about a relevant licence under which the applicant was responsible for half of the costs associated with providing the services of a taxi or limousine under the licence; and\n- (c) the relevant licence that was the subject of the relevant agreement mentioned in paragraph (b) had a taxi or limousine stated in it on 10 March 2020.\n- (a) the parties agree to apportion the costs associated with providing the services of a taxi or limousine under the licence; and\n- (b) the second party has made a payment to the first party for the right to provide the services of a taxi or limousine under the relevant licence.","sortOrder":439},{"sectionNumber":"sch.28-sec.9","sectionType":"section","heading":"Effect of declaration in relation to relevant licence","content":"### sch.28-sec.9 Effect of declaration in relation to relevant licence\n\nSubsection (2) applies if a person is declared, under section 19 , to be the holder of a relevant licence.\nFor section 8 (1) (a) , the person who, on 16 June 2020, was recorded in the licence register as the holder of the relevant licence is taken not to have been so recorded on that day.\nSubsection (4) applies if a person is declared, under section 19 , to be the operator of a relevant licence.\nFor section 8 (3) (a) and (4) , a person who, on 16 June 2020, held an interest mentioned in section 8 (3) (a) (ii) (A) , (B) or (C) or (4)(b) in the relevant licence is taken not to have held the interest on that day.\nsch 28 s 9 prev sch 28 s 9 ins 2015 SL No. 148 s 7\nom 2019 SL No. 71 s 59 sch 1\npres sch 28 s 9 ins 2020 SL No. 149 s 4\n(sch.28-sec.9-ssec.1) Subsection (2) applies if a person is declared, under section 19 , to be the holder of a relevant licence.\n(sch.28-sec.9-ssec.2) For section 8 (1) (a) , the person who, on 16 June 2020, was recorded in the licence register as the holder of the relevant licence is taken not to have been so recorded on that day.\n(sch.28-sec.9-ssec.3) Subsection (4) applies if a person is declared, under section 19 , to be the operator of a relevant licence.\n(sch.28-sec.9-ssec.4) For section 8 (3) (a) and (4) , a person who, on 16 June 2020, held an interest mentioned in section 8 (3) (a) (ii) (A) , (B) or (C) or (4)(b) in the relevant licence is taken not to have held the interest on that day.","sortOrder":440},{"sectionNumber":"sch.28-sec.10","sectionType":"section","heading":"Amount of assistance","content":"### sch.28-sec.10 Amount of assistance\n\nThe amount of assistance payable under this part to an applicant is the total of each amount payable under subsection (2) , (3) , (4) or (5) .\nIf the applicant is eligible for assistance under section 8 (1) , the amount is $1,000 for each relevant licence to which section 8 (1) (a) or (b) applies.\nIf the applicant is eligible for assistance under section 8 (3) (a) , the amount is—\n$3,500 for each relevant licence for which the applicant was recorded in the licence register as mentioned in section 8 (3) (a) (ii) (A) or (B); and\n$3,500 for each relevant licence about which the applicant was a party to a relevant agreement as mentioned in section 8 (3) (a) (ii) (C) ; and\n$1,000 for each relevant licence mentioned in paragraph (a) or (b) that had a wheelchair accessible taxi stated in it on 10 March 2020.\nIf the applicant is eligible for assistance under section 8 (3) (b) , the amount is—\n$3,500 for each relevant licence in relation to which the applicant has been declared to be an operator; and\n$1,000 for each relevant licence mentioned in paragraph (a) that had a wheelchair accessible taxi stated in it on 10 March 2020.\nIf the applicant is eligible for assistance under section 8 (4) , the amount is half the amount that would be payable if the applicant were eligible for assistance under section 8 (3) (a) (ii) (C) .\nIf 2 or more persons ( multiple holders ) are eligible under section 8 (1) (a) or (3) (a) (ii) (A) because the relevant licence is collectively held by the multiple holders, only 1 payment may be made to 1 of the multiple holders.\nIf 2 or more persons (also multiple holders ) are eligible under section 8 (3) (a) (ii) (B) because the multiple holders are all ultimate lessees of the relevant licence, only 1 payment may be made to 1 of the multiple holders.\nFor subsections (6) and (7) , the 1 payment must be made by the authority to the multiple holder nominated to the authority by the multiple holders for payment under the scheme.\nIn this section—\nwheelchair accessible taxi means a taxi that has the capacity to accommodate at least 1 wheelchair and the occupant of the wheelchair.\nsch 28 s 10 prev sch 28 s 10 ins 2015 SL No. 148 s 7\nom 2019 SL No. 71 s 59 sch 1\npres sch 28 s 10 ins 2020 SL No. 149 s 4\n(sch.28-sec.10-ssec.1) The amount of assistance payable under this part to an applicant is the total of each amount payable under subsection (2) , (3) , (4) or (5) .\n(sch.28-sec.10-ssec.2) If the applicant is eligible for assistance under section 8 (1) , the amount is $1,000 for each relevant licence to which section 8 (1) (a) or (b) applies.\n(sch.28-sec.10-ssec.3) If the applicant is eligible for assistance under section 8 (3) (a) , the amount is— $3,500 for each relevant licence for which the applicant was recorded in the licence register as mentioned in section 8 (3) (a) (ii) (A) or (B); and $3,500 for each relevant licence about which the applicant was a party to a relevant agreement as mentioned in section 8 (3) (a) (ii) (C) ; and $1,000 for each relevant licence mentioned in paragraph (a) or (b) that had a wheelchair accessible taxi stated in it on 10 March 2020.\n(sch.28-sec.10-ssec.4) If the applicant is eligible for assistance under section 8 (3) (b) , the amount is— $3,500 for each relevant licence in relation to which the applicant has been declared to be an operator; and $1,000 for each relevant licence mentioned in paragraph (a) that had a wheelchair accessible taxi stated in it on 10 March 2020.\n(sch.28-sec.10-ssec.5) If the applicant is eligible for assistance under section 8 (4) , the amount is half the amount that would be payable if the applicant were eligible for assistance under section 8 (3) (a) (ii) (C) .\n(sch.28-sec.10-ssec.6) If 2 or more persons ( multiple holders ) are eligible under section 8 (1) (a) or (3) (a) (ii) (A) because the relevant licence is collectively held by the multiple holders, only 1 payment may be made to 1 of the multiple holders.\n(sch.28-sec.10-ssec.7) If 2 or more persons (also multiple holders ) are eligible under section 8 (3) (a) (ii) (B) because the multiple holders are all ultimate lessees of the relevant licence, only 1 payment may be made to 1 of the multiple holders.\n(sch.28-sec.10-ssec.8) For subsections (6) and (7) , the 1 payment must be made by the authority to the multiple holder nominated to the authority by the multiple holders for payment under the scheme.\n(sch.28-sec.10-ssec.9) In this section— wheelchair accessible taxi means a taxi that has the capacity to accommodate at least 1 wheelchair and the occupant of the wheelchair.\n- (a) $3,500 for each relevant licence for which the applicant was recorded in the licence register as mentioned in section 8 (3) (a) (ii) (A) or (B); and\n- (b) $3,500 for each relevant licence about which the applicant was a party to a relevant agreement as mentioned in section 8 (3) (a) (ii) (C) ; and\n- (c) $1,000 for each relevant licence mentioned in paragraph (a) or (b) that had a wheelchair accessible taxi stated in it on 10 March 2020.\n- (a) $3,500 for each relevant licence in relation to which the applicant has been declared to be an operator; and\n- (b) $1,000 for each relevant licence mentioned in paragraph (a) that had a wheelchair accessible taxi stated in it on 10 March 2020.","sortOrder":441},{"sectionNumber":"sch.28-pt.3","sectionType":"part","heading":"Booking entity authorisations","content":"# Booking entity authorisations","sortOrder":442},{"sectionNumber":"sch.28-sec.11","sectionType":"section","heading":"Nature of assistance","content":"### sch.28-sec.11 Nature of assistance\n\nThe nature of the assistance that may be given under this part is a payment of an amount to holders of relevant booking entity authorisations based on the number of taxis and limousines that are eligible motor vehicles for the authorisations.\nsch 28 s 11 prev sch 28 s 11 ins 2015 SL No. 148 s 7\nom 2019 SL No. 71 s 59 sch 1\npres sch 28 s 11 ins 2020 SL No. 149 s 4","sortOrder":443},{"sectionNumber":"sch.28-sec.12","sectionType":"section","heading":"Eligibility criteria","content":"### sch.28-sec.12 Eligibility criteria\n\nAn applicant is eligible for assistance under the scheme if—\non 16 June 2020, the applicant was recorded in the authorisation register as the holder of a relevant booking entity authorisation; or\nthe applicant has been declared, under section 19 , to be the holder of a relevant booking entity authorisation.\nHowever, an applicant is not eligible for assistance unless—\non or before 16 June 2020, the applicant has provided the information mentioned in the Transport Operations (Passenger Transport) Regulation 2018 , section 109 to the transport chief executive for the quarter ending 31 March 2020; or\nafter 16 June 2020, the applicant—\nhas provided the information mentioned in the Transport Operations (Passenger Transport) Regulation 2018 , section 109 to the transport chief executive for the quarter ending 31 March 2020; and\nhas provided any information requested by the transport chief executive about the information mentioned in subparagraph (i) .\nFor subsection (1) , if 2 or more persons hold a relevant booking entity authorisation, the persons are collectively the holder of the relevant booking entity authorisation.\nsch 28 s 12 prev sch 28 s 12 ins 2015 SL No. 148 s 7\nom 2019 SL No. 71 s 59 sch 1\npres sch 28 s 12 ins 2020 SL No. 149 s 4\n(sch.28-sec.12-ssec.1) An applicant is eligible for assistance under the scheme if— on 16 June 2020, the applicant was recorded in the authorisation register as the holder of a relevant booking entity authorisation; or the applicant has been declared, under section 19 , to be the holder of a relevant booking entity authorisation.\n(sch.28-sec.12-ssec.2) However, an applicant is not eligible for assistance unless— on or before 16 June 2020, the applicant has provided the information mentioned in the Transport Operations (Passenger Transport) Regulation 2018 , section 109 to the transport chief executive for the quarter ending 31 March 2020; or after 16 June 2020, the applicant— has provided the information mentioned in the Transport Operations (Passenger Transport) Regulation 2018 , section 109 to the transport chief executive for the quarter ending 31 March 2020; and has provided any information requested by the transport chief executive about the information mentioned in subparagraph (i) .\n(sch.28-sec.12-ssec.3) For subsection (1) , if 2 or more persons hold a relevant booking entity authorisation, the persons are collectively the holder of the relevant booking entity authorisation.\n- (a) on 16 June 2020, the applicant was recorded in the authorisation register as the holder of a relevant booking entity authorisation; or\n- (b) the applicant has been declared, under section 19 , to be the holder of a relevant booking entity authorisation.\n- (a) on or before 16 June 2020, the applicant has provided the information mentioned in the Transport Operations (Passenger Transport) Regulation 2018 , section 109 to the transport chief executive for the quarter ending 31 March 2020; or\n- (b) after 16 June 2020, the applicant— (i) has provided the information mentioned in the Transport Operations (Passenger Transport) Regulation 2018 , section 109 to the transport chief executive for the quarter ending 31 March 2020; and (ii) has provided any information requested by the transport chief executive about the information mentioned in subparagraph (i) .\n- (i) has provided the information mentioned in the Transport Operations (Passenger Transport) Regulation 2018 , section 109 to the transport chief executive for the quarter ending 31 March 2020; and\n- (ii) has provided any information requested by the transport chief executive about the information mentioned in subparagraph (i) .\n- (i) has provided the information mentioned in the Transport Operations (Passenger Transport) Regulation 2018 , section 109 to the transport chief executive for the quarter ending 31 March 2020; and\n- (ii) has provided any information requested by the transport chief executive about the information mentioned in subparagraph (i) .","sortOrder":444},{"sectionNumber":"sch.28-sec.13","sectionType":"section","heading":"Amount of assistance","content":"### sch.28-sec.13 Amount of assistance\n\nThe amount of assistance payable under this part to an applicant who is eligible under section 12 is $1,500 for each motor vehicle that, on 10 March 2020, was an eligible motor vehicle for a relevant booking entity authorisation of which the applicant was the holder as mentioned in section 12 (1) (a) or (b) .\nHowever, the assistance payable under subsection (1) is limited to a maximum of 1,000 eligible motor vehicles for each relevant booking entity authorisation.\nsch 28 s 13 ins 2020 SL No. 149 s 4\n(sch.28-sec.13-ssec.1) The amount of assistance payable under this part to an applicant who is eligible under section 12 is $1,500 for each motor vehicle that, on 10 March 2020, was an eligible motor vehicle for a relevant booking entity authorisation of which the applicant was the holder as mentioned in section 12 (1) (a) or (b) .\n(sch.28-sec.13-ssec.2) However, the assistance payable under subsection (1) is limited to a maximum of 1,000 eligible motor vehicles for each relevant booking entity authorisation.","sortOrder":445},{"sectionNumber":"sch.28-pt.4","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":446},{"sectionNumber":"sch.28-sec.14","sectionType":"section","heading":"Requirements for applications","content":"### sch.28-sec.14 Requirements for applications\n\nAn application for assistance under the scheme must—\nbe made to the authority on the authority’s application form; and\nbe accompanied by the documents mentioned in the application; and\nbe received on or before the day (the closing day ) that is 5 weeks after the commencement.\nThe authority may ask an applicant to provide further information required to decide the application.\nsch 28 s 14 ins 2020 SL No. 149 s 4\n(sch.28-sec.14-ssec.1) An application for assistance under the scheme must— be made to the authority on the authority’s application form; and be accompanied by the documents mentioned in the application; and be received on or before the day (the closing day ) that is 5 weeks after the commencement.\n(sch.28-sec.14-ssec.2) The authority may ask an applicant to provide further information required to decide the application.\n- (a) be made to the authority on the authority’s application form; and\n- (b) be accompanied by the documents mentioned in the application; and\n- (c) be received on or before the day (the closing day ) that is 5 weeks after the commencement.","sortOrder":447},{"sectionNumber":"sch.28-sec.15","sectionType":"section","heading":"Extension of closing day","content":"### sch.28-sec.15 Extension of closing day\n\nThe authority may, by notice published on the authority’s website (an extension notice ), extend the closing day to a stated day that is not more than 3 months after the commencement.\nHowever, the authority may publish an extension notice only if satisfied, following consultation with industry representatives, that applicants need more time in which to apply for assistance under the scheme.\nsch 28 s 15 ins 2020 SL No. 149 s 4\n(sch.28-sec.15-ssec.1) The authority may, by notice published on the authority’s website (an extension notice ), extend the closing day to a stated day that is not more than 3 months after the commencement.\n(sch.28-sec.15-ssec.2) However, the authority may publish an extension notice only if satisfied, following consultation with industry representatives, that applicants need more time in which to apply for assistance under the scheme.","sortOrder":448},{"sectionNumber":"sch.28-sec.16","sectionType":"section","heading":"Accepting late applications","content":"### sch.28-sec.16 Accepting late applications\n\nDespite section 14 (1) (c) , the authority may accept an application for assistance under the scheme that is received after the closing day under that section or as extended under section 15 .\nsch 28 s 16 ins 2020 SL No. 149 s 4","sortOrder":449},{"sectionNumber":"sch.28-sec.17","sectionType":"section","heading":"Deciding applications","content":"### sch.28-sec.17 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\nsch 28 s 17 ins 2020 SL No. 149 s 4","sortOrder":450},{"sectionNumber":"sch.28-sec.18","sectionType":"section","heading":"Disclosure and use of information","content":"### sch.28-sec.18 Disclosure and use of information\n\nThis section applies in relation to information gained by the transport chief executive—\nthrough the transport chief executive’s involvement in the administration of the Transport Operations (Passenger Transport) Act 1994 ; or\nbecause of an opportunity provided by that involvement.\ndetails of a relevant licence or relevant booking entity authorisation\nthe name, date of birth and contact details of the holder of a relevant licence or relevant booking entity authorisation\nThe transport chief executive may—\ndisclose the information to the authority for the purpose of administering the scheme; or\nrecord or use the information to perform a function under this regulation.\nAlso, to the extent the information relates to the persons who collectively are the holder of a relevant licence or a relevant booking entity authorisation or the ultimate lessees of a relevant licence, the transport chief executive may disclose the information about any of the persons to any of the other persons for the purpose of helping them apply for assistance under the scheme.\nIn this section—\nfunction includes power.\nperform , a function, includes exercise a power.\nsch 28 s 18 ins 2020 SL No. 149 s 4\n(sch.28-sec.18-ssec.1) This section applies in relation to information gained by the transport chief executive— through the transport chief executive’s involvement in the administration of the Transport Operations (Passenger Transport) Act 1994 ; or because of an opportunity provided by that involvement. details of a relevant licence or relevant booking entity authorisation the name, date of birth and contact details of the holder of a relevant licence or relevant booking entity authorisation\n(sch.28-sec.18-ssec.2) The transport chief executive may— disclose the information to the authority for the purpose of administering the scheme; or record or use the information to perform a function under this regulation.\n(sch.28-sec.18-ssec.3) Also, to the extent the information relates to the persons who collectively are the holder of a relevant licence or a relevant booking entity authorisation or the ultimate lessees of a relevant licence, the transport chief executive may disclose the information about any of the persons to any of the other persons for the purpose of helping them apply for assistance under the scheme.\n(sch.28-sec.18-ssec.4) In this section— function includes power. perform , a function, includes exercise a power.\n- (a) through the transport chief executive’s involvement in the administration of the Transport Operations (Passenger Transport) Act 1994 ; or\n- (b) because of an opportunity provided by that involvement.\n- • details of a relevant licence or relevant booking entity authorisation\n- • the name, date of birth and contact details of the holder of a relevant licence or relevant booking entity authorisation\n- (a) disclose the information to the authority for the purpose of administering the scheme; or\n- (b) record or use the information to perform a function under this regulation.","sortOrder":451},{"sectionNumber":"sch.28-pt.5","sectionType":"part","heading":"Declarations by transport chief executive","content":"# Declarations by transport chief executive","sortOrder":452},{"sectionNumber":"sch.28-sec.19","sectionType":"section","heading":"Declarations","content":"### sch.28-sec.19 Declarations\n\nThe transport chief executive may, by notice given to the authority, declare that 1 or more stated persons are—\nthe holder of a relevant licence; or\nthe operator of a relevant licence; or\nthe holder of a relevant booking entity authorisation.\nThe transport chief executive may make a declaration under subsection (1) (a) in relation to a person or persons only if satisfied—\nbefore 16 June 2020, the relevant licence was transferred to the person or persons and approval for the transfer was given under the Transport Operations (Passenger Transport) Regulation 2018 , section 161 ; or\nboth of the following apply—\nthe relevant licence is vested in, or has been transferred to, the person or persons whether by operation of law or otherwise;\nhaving regard to the matters relating to the vesting or transfer, the transport chief executive is satisfied the person or persons should be declared to be the relevant holder of the licence.\nIf a relevant licence is vested in the executor of a deceased estate, the transport chief executive may be satisfied the executor should be declared to be the holder of the licence.\nThe transport chief executive may make a declaration under subsection (1) (b) or (c) in relation to 1 or more stated persons only if satisfied it is appropriate, having regard to the purpose of this scheme, to make the declaration.\nIf a declaration under subsection (1) (a) , (b) or (c) is made in relation to 2 or more stated persons, the persons are collectively taken to be declared to be—\nthe holder of the relevant licence; or\nthe operator of the relevant licence; or\nthe holder of the relevant booking entity authorisation.\nThe transport chief executive must, within 28 days after making a declaration under this section, give notice of the declaration to any person whose interests are affected by the declaration.\nsch 28 s 19 ins 2020 SL No. 149 s 4\n(sch.28-sec.19-ssec.1) The transport chief executive may, by notice given to the authority, declare that 1 or more stated persons are— the holder of a relevant licence; or the operator of a relevant licence; or the holder of a relevant booking entity authorisation.\n(sch.28-sec.19-ssec.2) The transport chief executive may make a declaration under subsection (1) (a) in relation to a person or persons only if satisfied— before 16 June 2020, the relevant licence was transferred to the person or persons and approval for the transfer was given under the Transport Operations (Passenger Transport) Regulation 2018 , section 161 ; or both of the following apply— the relevant licence is vested in, or has been transferred to, the person or persons whether by operation of law or otherwise; having regard to the matters relating to the vesting or transfer, the transport chief executive is satisfied the person or persons should be declared to be the relevant holder of the licence. If a relevant licence is vested in the executor of a deceased estate, the transport chief executive may be satisfied the executor should be declared to be the holder of the licence.\n(sch.28-sec.19-ssec.3) The transport chief executive may make a declaration under subsection (1) (b) or (c) in relation to 1 or more stated persons only if satisfied it is appropriate, having regard to the purpose of this scheme, to make the declaration.\n(sch.28-sec.19-ssec.4) If a declaration under subsection (1) (a) , (b) or (c) is made in relation to 2 or more stated persons, the persons are collectively taken to be declared to be— the holder of the relevant licence; or the operator of the relevant licence; or the holder of the relevant booking entity authorisation.\n(sch.28-sec.19-ssec.5) The transport chief executive must, within 28 days after making a declaration under this section, give notice of the declaration to any person whose interests are affected by the declaration.\n- (a) the holder of a relevant licence; or\n- (b) the operator of a relevant licence; or\n- (c) the holder of a relevant booking entity authorisation.\n- (a) before 16 June 2020, the relevant licence was transferred to the person or persons and approval for the transfer was given under the Transport Operations (Passenger Transport) Regulation 2018 , section 161 ; or\n- (b) both of the following apply— (i) the relevant licence is vested in, or has been transferred to, the person or persons whether by operation of law or otherwise; (ii) having regard to the matters relating to the vesting or transfer, the transport chief executive is satisfied the person or persons should be declared to be the relevant holder of the licence. Example for paragraph (b) — If a relevant licence is vested in the executor of a deceased estate, the transport chief executive may be satisfied the executor should be declared to be the holder of the licence.\n- (i) the relevant licence is vested in, or has been transferred to, the person or persons whether by operation of law or otherwise;\n- (ii) having regard to the matters relating to the vesting or transfer, the transport chief executive is satisfied the person or persons should be declared to be the relevant holder of the licence.\n- (i) the relevant licence is vested in, or has been transferred to, the person or persons whether by operation of law or otherwise;\n- (ii) having regard to the matters relating to the vesting or transfer, the transport chief executive is satisfied the person or persons should be declared to be the relevant holder of the licence.\n- (a) the holder of the relevant licence; or\n- (b) the operator of the relevant licence; or\n- (c) the holder of the relevant booking entity authorisation.","sortOrder":453},{"sectionNumber":"sch.28-sec.20","sectionType":"section","heading":"Internal review","content":"### sch.28-sec.20 Internal review\n\nA person whose interests are affected by a relevant declaration may apply to the transport chief executive for a review of the decision to make the declaration.\nUnder part 3A of the Act , a person may apply for review of a decision of the authority under section 17 .\nThe Transport Planning and Coordination Act 1994 , part 5 , division 2 , other than sections 32 and 34 (4) and (6) , applies for the review of the decision as if—\nthe decision were an original decision to which that division applies; and\nthe reference in the Transport Planning and Coordination Act 1994 , section 31 (1) to the transport Act were a reference to section 19 of this regulation.\nIn this section—\nrelevant declaration means a declaration under section 19 that 1 or more stated persons are—\nthe holder of a relevant licence; or\nthe operator of a relevant licence; or\nthe holder of a relevant booking entity authorisation.\nsch 28 s 20 ins 2020 SL No. 149 s 4\n(sch.28-sec.20-ssec.1) A person whose interests are affected by a relevant declaration may apply to the transport chief executive for a review of the decision to make the declaration. Under part 3A of the Act , a person may apply for review of a decision of the authority under section 17 .\n(sch.28-sec.20-ssec.2) The Transport Planning and Coordination Act 1994 , part 5 , division 2 , other than sections 32 and 34 (4) and (6) , applies for the review of the decision as if— the decision were an original decision to which that division applies; and the reference in the Transport Planning and Coordination Act 1994 , section 31 (1) to the transport Act were a reference to section 19 of this regulation.\n(sch.28-sec.20-ssec.3) In this section— relevant declaration means a declaration under section 19 that 1 or more stated persons are— the holder of a relevant licence; or the operator of a relevant licence; or the holder of a relevant booking entity authorisation.\n- (a) the decision were an original decision to which that division applies; and\n- (b) the reference in the Transport Planning and Coordination Act 1994 , section 31 (1) to the transport Act were a reference to section 19 of this regulation.\n- (a) the holder of a relevant licence; or\n- (b) the operator of a relevant licence; or\n- (c) the holder of a relevant booking entity authorisation.","sortOrder":454},{"sectionNumber":"sch.28-sec.21","sectionType":"section","heading":"Transport chief executive may ask for information","content":"### sch.28-sec.21 Transport chief executive may ask for information\n\nThe transport chief executive may, by notice, ask a person for information the transport chief executive considers necessary to identify, under this schedule, the holder or operator of a relevant licence or the holder of a relevant booking entity authorisation.\nsch 28 s 21 ins 2020 SL No. 149 s 4","sortOrder":455},{"sectionNumber":"sch.29-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":456},{"sectionNumber":"sch.29-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.29-sec.1 Objective of scheme\n\nThe objective of the scheme is to support the community in the Daintree area in response to the COVID-19 emergency.\nIn this section—\nCOVID-19 emergency means the declared public health emergency under the Public Health Act 2005 , section 319 (2) for COVID-19 declared on 29 January 2020, as extended and further extended under that Act.\nsch 29 s 1 prev sch 29 s 1 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1\npres sch 29 s 1 ins 2020 SL No. 198 s 4\n(sch.29-sec.1-ssec.1) The objective of the scheme is to support the community in the Daintree area in response to the COVID-19 emergency.\n(sch.29-sec.1-ssec.2) In this section— COVID-19 emergency means the declared public health emergency under the Public Health Act 2005 , section 319 (2) for COVID-19 declared on 29 January 2020, as extended and further extended under that Act.","sortOrder":457},{"sectionNumber":"sch.29-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.29-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to benefit the community in the Daintree area by giving financial assistance to eligible entities operating from off-grid premises in the area.\nsch 29 s 2 prev sch 29 s 2 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1\npres sch 29 s 2 ins 2020 SL No. 198 s 4","sortOrder":458},{"sectionNumber":"sch.29-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.29-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means a person applying for assistance under the scheme.\nDaintree area means the area bounded by a line starting at the point on the northern bank of the Daintree River and the low-water mark of the Pacific Ocean then running progressively—\ngenerally northerly along the low-water mark of the Pacific Ocean to the south bank of the Bloomfield River; and\ngenerally southerly along the western border of the Cape Tribulation section of the Daintree National Park to the intersection with the boundary of the Wet Tropics of Queensland World Heritage Area; and\ngenerally southerly to the point on the northern bank of the Daintree River directly opposite Kilkeary Point; and\ngenerally easterly along the northern bank of the Daintree River to the starting point.\neligible entity means—\na small business or non-profit organisation that is eligible for assistance under section 8 ; or\na household that is eligible for assistance under section 9 .\nhousehold means 1 or more individuals who occupy the same premises as a usual place of residence.\nnon-profit organisation means a charity or other not-for-profit entity that is incorporated under a law of the Commonwealth or a State.\noff-grid premises see section 4 .\nowner , of a small business, means a sole trader, partnership, private company or trust that carries on the business.\nscheme means the scheme set out in this schedule.\nsmall business see section 5 .\nsch 29 s 3 prev sch 29 s 3 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1\npres sch 29 s 3 ins 2020 SL No. 198 s 4\n- (a) generally northerly along the low-water mark of the Pacific Ocean to the south bank of the Bloomfield River; and\n- (b) generally southerly along the western border of the Cape Tribulation section of the Daintree National Park to the intersection with the boundary of the Wet Tropics of Queensland World Heritage Area; and\n- (c) generally southerly to the point on the northern bank of the Daintree River directly opposite Kilkeary Point; and\n- (d) generally easterly along the northern bank of the Daintree River to the starting point.\n- (a) a small business or non-profit organisation that is eligible for assistance under section 8 ; or\n- (b) a household that is eligible for assistance under section 9 .","sortOrder":459},{"sectionNumber":"sch.29-sec.4","sectionType":"section","heading":"Meaning of off-grid premises","content":"### sch.29-sec.4 Meaning of off-grid premises\n\nPremises are off-grid premises if—\nthe premises are not connected to the supply network under the Electricity Act 1994 ; and\nthe occupier of the premises is not a customer of an electricity entity for the premises under the Electricity Act 1994 .\nsch 29 s 4 prev sch 29 s 4 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1\npres sch 29 s 4 ins 2020 SL No. 198 s 4\n- (a) the premises are not connected to the supply network under the Electricity Act 1994 ; and\n- (b) the occupier of the premises is not a customer of an electricity entity for the premises under the Electricity Act 1994 .","sortOrder":460},{"sectionNumber":"sch.29-sec.5","sectionType":"section","heading":"Meaning of small business","content":"### sch.29-sec.5 Meaning of small business\n\nA small business is a business—\nfor which an entity holds an Australian Business Number; and\nin which are employed no more than—\n100 full-time employees; or\nif the business has part-time employees—100 equivalent full-time employees; and\nthat is not operated by a public company.\nFor subsection (1) (b) , the number of equivalent full-time employees of a small business is worked out using the formula—\nwhere—\nE means the number of equivalent full-time employees of the business.\nF means the number of full-time employees of the business.\nP means the total number of hours worked each week by employees other than full-time employees.\nIn this section—\nfull-time employee , of a small business, means an employee who ordinarily works for at least 35 hours each week for the entity.\npart-time employee , of a small business, means an employee, other than a full-time employee.\npublic company means a public company within the meaning of the Corporations Act , section 9 .\nsch 29 s 5 prev sch 29 s 5 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1\npres sch 29 s 5 ins 2020 SL No. 198 s 4\n(sch.29-sec.5-ssec.1) A small business is a business— for which an entity holds an Australian Business Number; and in which are employed no more than— 100 full-time employees; or if the business has part-time employees—100 equivalent full-time employees; and that is not operated by a public company.\n(sch.29-sec.5-ssec.2) For subsection (1) (b) , the number of equivalent full-time employees of a small 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.\n(sch.29-sec.5-ssec.3) In this section— full-time employee , of a small business, means an employee who ordinarily works for at least 35 hours each week for the entity. part-time employee , of a small business, means an employee, other than a full-time employee. public company means a public company within the meaning of the Corporations Act , section 9 .\n- (a) for which an entity holds an Australian Business Number; and\n- (b) in which are employed no more than— (i) 100 full-time employees; or (ii) if the business has part-time employees—100 equivalent full-time employees; and\n- (i) 100 full-time employees; or\n- (ii) if the business has part-time employees—100 equivalent full-time employees; and\n- (c) that is not operated by a public company.\n- (i) 100 full-time employees; or\n- (ii) if the business has part-time employees—100 equivalent full-time employees; and","sortOrder":461},{"sectionNumber":"sch.29-pt.2","sectionType":"part","heading":"General provisions of scheme","content":"# General provisions of scheme","sortOrder":462},{"sectionNumber":"sch.29-sec.6","sectionType":"section","heading":"Nature of assistance","content":"### sch.29-sec.6 Nature of assistance\n\nThe nature of the assistance that may be given under the scheme is the payment of an amount to an eligible entity under section 7 for the purpose mentioned in section 2 .\nsch 29 s 6 prev sch 29 s 6 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1\npres sch 29 s 6 ins 2020 SL No. 198 s 4","sortOrder":463},{"sectionNumber":"sch.29-sec.7","sectionType":"section","heading":"Maximum amount of assistance","content":"### sch.29-sec.7 Maximum amount of assistance\n\nThe maximum amount of assistance payable under the scheme for a household is $200.\nThe maximum amount of assistance payable under the scheme for a small business or non-profit organisation for each off-grid premises at which the business or organisation is operated is $500.\nsch 29 s 7 prev sch 29 s 7 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1\npres sch 29 s 7 ins 2020 SL No. 198 s 4\n(sch.29-sec.7-ssec.1) The maximum amount of assistance payable under the scheme for a household is $200.\n(sch.29-sec.7-ssec.2) The maximum amount of assistance payable under the scheme for a small business or non-profit organisation for each off-grid premises at which the business or organisation is operated is $500.","sortOrder":464},{"sectionNumber":"sch.29-sec.8","sectionType":"section","heading":"Eligibility criteria—small business or non-profit organisation","content":"### sch.29-sec.8 Eligibility criteria—small business or non-profit organisation\n\nAn applicant is eligible for assistance under the scheme if the authority is satisfied—\nthe applicant is—\nthe owner of a small business; or\na non-profit organisation; and\nthe applicant is carrying on the small business or operations as a non-profit organisation from off-grid premises located within the Daintree area; and\nthe authority has not previously approved assistance under the scheme in relation to the off-grid premises.\nsch 29 s 8 prev sch 29 s 8 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1\npres sch 29 s 8 ins 2020 SL No. 198 s 4\n- (a) the applicant is— (i) the owner of a small business; or (ii) a non-profit organisation; and\n- (i) the owner of a small business; or\n- (ii) a non-profit organisation; and\n- (b) the applicant is carrying on the small business or operations as a non-profit organisation from off-grid premises located within the Daintree area; and\n- (c) the authority has not previously approved assistance under the scheme in relation to the off-grid premises.\n- (i) the owner of a small business; or\n- (ii) a non-profit organisation; and","sortOrder":465},{"sectionNumber":"sch.29-sec.9","sectionType":"section","heading":"Eligibility criteria—households","content":"### sch.29-sec.9 Eligibility criteria—households\n\nAn applicant is eligible for assistance under the scheme if the authority is satisfied—\nthe applicant is a member of a household; and\nthe household occupies off-grid premises located within the Daintree area; and\nthe applicant has lived in the premises for at least 6 months immediately before applying for assistance under the scheme; and\nthe authority has not previously approved assistance under the scheme in relation to the off-grid premises—\nwhether the applicant or another person applied for the assistance; or\nwhether the premises were occupied as a household or used to carry on a small business or operations as a non-profit organisation; and\nthe authority has not previously approved assistance under the scheme for the applicant as a member of a household occupying other off-grid premises.\nsch 29 s 9 prev sch 29 s 9 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1\npres sch 29 s 9 ins 2020 SL No. 198 s 4\n- (a) the applicant is a member of a household; and\n- (b) the household occupies off-grid premises located within the Daintree area; and\n- (c) the applicant has lived in the premises for at least 6 months immediately before applying for assistance under the scheme; and\n- (d) the authority has not previously approved assistance under the scheme in relation to the off-grid premises— (i) whether the applicant or another person applied for the assistance; or (ii) whether the premises were occupied as a household or used to carry on a small business or operations as a non-profit organisation; and\n- (i) whether the applicant or another person applied for the assistance; or\n- (ii) whether the premises were occupied as a household or used to carry on a small business or operations as a non-profit organisation; and\n- (e) the authority has not previously approved assistance under the scheme for the applicant as a member of a household occupying other off-grid premises.\n- (i) whether the applicant or another person applied for the assistance; or\n- (ii) whether the premises were occupied as a household or used to carry on a small business or operations as a non-profit organisation; and","sortOrder":466},{"sectionNumber":"sch.29-sec.10","sectionType":"section","heading":"Applications","content":"### sch.29-sec.10 Applications\n\nAn application for assistance under the scheme must—\nbe made on the form approved by the authority; and\nbe accompanied by the documents stated in the application form; and\nbe given to the authority on or before 30 June 2021.\nIf the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\nsch 29 s 10 prev sch 29 s 10 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1\npres sch 29 s 10 ins 2020 SL No. 198 s 4\n(sch.29-sec.10-ssec.1) An application for assistance under the scheme must— be made on the form approved by the authority; and be accompanied by the documents stated in the application form; and be given to the authority on or before 30 June 2021.\n(sch.29-sec.10-ssec.2) If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\n- (a) be made on the form approved by the authority; and\n- (b) be accompanied by the documents stated in the application form; and\n- (c) be given to the authority on or before 30 June 2021.","sortOrder":467},{"sectionNumber":"sch.29-sec.11","sectionType":"section","heading":"Deciding applications","content":"### sch.29-sec.11 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\nThe authority must consider applications in the order the applications are received by the authority.\nHowever, for subsection (2) , if the authority asks an applicant for further information under section 10 (2) , the applicant’s application is taken to have been received when the authority receives the further information.\nThe authority may approve an application only if the authority’s assistance funds for the scheme are sufficient to pay for the assistance.\nsch 29 s 11 prev sch 29 s 11 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1\npres sch 29 s 11 ins 2020 SL No. 198 s 4\n(sch.29-sec.11-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\n(sch.29-sec.11-ssec.2) The authority must consider applications in the order the applications are received by the authority.\n(sch.29-sec.11-ssec.3) However, for subsection (2) , if the authority asks an applicant for further information under section 10 (2) , the applicant’s application is taken to have been received when the authority receives the further information.\n(sch.29-sec.11-ssec.4) The authority may approve an application only if the authority’s assistance funds for the scheme are sufficient to pay for the assistance.","sortOrder":468},{"sectionNumber":"sch.29-sec.12","sectionType":"section","heading":null,"content":"### Section sch.29-sec.12\n\nsch 29 s 12 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1","sortOrder":469},{"sectionNumber":"sch.29-sec.13","sectionType":"section","heading":null,"content":"### Section sch.29-sec.13\n\nsch 29 s 13 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1","sortOrder":470},{"sectionNumber":"sch.29-sec.14","sectionType":"section","heading":null,"content":"### Section sch.29-sec.14\n\nsch 29 s 14 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1","sortOrder":471},{"sectionNumber":"sch.29-sec.15","sectionType":"section","heading":null,"content":"### Section sch.29-sec.15\n\nsch 29 s 15 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1","sortOrder":472},{"sectionNumber":"sch.29-sec.16","sectionType":"section","heading":null,"content":"### Section sch.29-sec.16\n\nsch 29 s 16 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1","sortOrder":473},{"sectionNumber":"sch.29-sec.17","sectionType":"section","heading":null,"content":"### Section sch.29-sec.17\n\nsch 29 s 17 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1","sortOrder":474},{"sectionNumber":"sch.29-sec.18","sectionType":"section","heading":null,"content":"### Section sch.29-sec.18\n\nsch 29 s 18 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1","sortOrder":475},{"sectionNumber":"sch.29-sec.19","sectionType":"section","heading":null,"content":"### Section sch.29-sec.19\n\nsch 29 s 19 ins 2016 SL No. 125 s 5\nom 2019 SL No. 71 s 59 sch 1","sortOrder":476},{"sectionNumber":"sch.29-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":477},{"sectionNumber":"sch.29-pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":478},{"sectionNumber":"sch.29-pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":479},{"sectionNumber":"sch.29-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":480},{"sectionNumber":"sch.29-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":481},{"sectionNumber":"sch.29-pt.3-div.5","sectionType":"division","heading":null,"content":"","sortOrder":482},{"sectionNumber":"sch.29-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":483},{"sectionNumber":"sch.31-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":484},{"sectionNumber":"sch.31-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.31-sec.1 Objective of scheme\n\nThe objective of the scheme is to provide assistance to prawn farmers whose prawn farming primary production enterprises are directly affected by white spot disease to help the enterprises recover from the impact of the disease.\nsch 31 s 1 ins 2017 SL No. 123 s 7","sortOrder":485},{"sectionNumber":"sch.31-sec.2","sectionType":"section","heading":"Definitions","content":"### sch.31-sec.2 Definitions\n\nIn this schedule—\napplicant means a prawn farmer applying for a loan under the scheme.\napproved form means a form approved by the authority.\nprawn farmer means—\na sole trader who—\nspends the majority of his or her labour on a prawn farming primary production enterprise; and\nderives the majority of his or her income from the prawn farming primary production enterprise at the time of applying for assistance under the scheme; or\na partnership, proprietary company or trust that carries on a prawn farming primary production enterprise for which the partners, shareholders or beneficiaries—\nspend the majority of their labour on the prawn farming primary production enterprise; and\nderive the majority of their income from the prawn farming primary production enterprise at the time of applying for assistance under the scheme.\nprawn farming primary production enterprise means an aquaculture business—\nfor which there is an Australian business number; and\nthat involves the raising and production of prawns—\nfor human consumption; or\nfor sale to a prawn farmer.\nproprietary company means a proprietary company within the meaning of the Corporations Act .\nscheme means the scheme set out in this schedule.\nwhite spot disease means the white spot syndrome virus.\nsch 31 s 2 ins 2017 SL No. 123 s 7\n- (a) a sole trader who— (i) spends the majority of his or her labour on a prawn farming primary production enterprise; and (ii) derives the majority of his or her income from the prawn farming primary production enterprise at the time of applying for assistance under the scheme; or\n- (i) spends the majority of his or her labour on a prawn farming primary production enterprise; and\n- (ii) derives the majority of his or her income from the prawn farming primary production enterprise at the time of applying for assistance under the scheme; or\n- (b) a partnership, proprietary company or trust that carries on a prawn farming primary production enterprise for which the partners, shareholders or beneficiaries— (i) spend the majority of their labour on the prawn farming primary production enterprise; and (ii) derive the majority of their income from the prawn farming primary production enterprise at the time of applying for assistance under the scheme.\n- (i) spend the majority of their labour on the prawn farming primary production enterprise; and\n- (ii) derive the majority of their income from the prawn farming primary production enterprise at the time of applying for assistance under the scheme.\n- (i) spends the majority of his or her labour on a prawn farming primary production enterprise; and\n- (ii) derives the majority of his or her income from the prawn farming primary production enterprise at the time of applying for assistance under the scheme; or\n- (i) spend the majority of their labour on the prawn farming primary production enterprise; and\n- (ii) derive the majority of their income from the prawn farming primary production enterprise at the time of applying for assistance under the scheme.\n- (a) for which there is an Australian business number; and\n- (b) that involves the raising and production of prawns— (i) for human consumption; or (ii) for sale to a prawn farmer.\n- (i) for human consumption; or\n- (ii) for sale to a prawn farmer.\n- (i) for human consumption; or\n- (ii) for sale to a prawn farmer.","sortOrder":486},{"sectionNumber":"sch.31-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":487},{"sectionNumber":"sch.31-sec.3","sectionType":"section","heading":"Nature of assistance","content":"### sch.31-sec.3 Nature of assistance\n\nThe nature of the assistance under the scheme is a loan, at a concessional interest rate, to a prawn farmer for activities that—\nimprove the productivity and viability of the prawn farmer’s prawn farming primary production enterprise; or\nimprove the biosecurity controls of the prawn farmer’s prawn farming primary production enterprise; or\naccess restrictions, bird nets, fencing, solid waste treatment, water treatment\ndiversify the source of the prawn farmer’s income.\nbuying infrastructure necessary for farming a marine species other than prawns\nsch 31 s 3 ins 2017 SL No. 123 s 7\n- (a) improve the productivity and viability of the prawn farmer’s prawn farming primary production enterprise; or\n- (b) improve the biosecurity controls of the prawn farmer’s prawn farming primary production enterprise; or Example of biosecurity controls— access restrictions, bird nets, fencing, solid waste treatment, water treatment\n- (c) diversify the source of the prawn farmer’s income. Example— buying infrastructure necessary for farming a marine species other than prawns","sortOrder":488},{"sectionNumber":"sch.31-sec.4","sectionType":"section","heading":"Maximum amount of loan","content":"### sch.31-sec.4 Maximum amount of loan\n\nThe maximum amount of a loan under the scheme is $3,000,000.\nsch 31 s 4 ins 2017 SL No. 123 s 7","sortOrder":489},{"sectionNumber":"sch.31-sec.5","sectionType":"section","heading":"Interest rate","content":"### sch.31-sec.5 Interest rate\n\nThe initial interest rate payable by an applicant is the base lending rate when the applicant first draws down the loan or part of the loan.\nThe initial interest rate for the loan—\ndepends 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\nis worked out by the authority based on the base lending rate when the interest rate is fixed.\nAt 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.\nThe authority may, during the term of the loan, increase the interest rate to a commercial rate if the authority is satisfied the applicant’s financial capacity has improved.\nIf, under subsection (4) , 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—\nin an annual review of the loan; and\nbased on the improvement.\nThe authority may decide the extent to which the interest rate is to increase under subsection (5) more than once in relation to the applicant.\nIn this section—\nbase 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.\nsch 31 s 5 ins 2017 SL No. 123 s 7\n(sch.31-sec.5-ssec.1) The initial interest rate payable by an applicant is the base lending rate when the applicant first draws down the loan or part of the loan.\n(sch.31-sec.5-ssec.2) The initial interest rate for the loan— 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 is worked out by the authority based on the base lending rate when the interest rate is fixed.\n(sch.31-sec.5-ssec.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.\n(sch.31-sec.5-ssec.4) The authority may, during the term of the loan, increase the interest rate to a commercial rate if the authority is satisfied the applicant’s financial capacity has improved.\n(sch.31-sec.5-ssec.5) If, under subsection (4) , 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— in an annual review of the loan; and based on the improvement.\n(sch.31-sec.5-ssec.6) The authority may decide the extent to which the interest rate is to increase under subsection (5) more than once in relation to the applicant.\n(sch.31-sec.5-ssec.7) 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.\n- (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\n- (b) is worked out by the authority based on the base lending rate when the interest rate is fixed.\n- (a) in an annual review of the loan; and\n- (b) based on the improvement.","sortOrder":490},{"sectionNumber":"sch.31-sec.6","sectionType":"section","heading":"Terms of repayment","content":"### sch.31-sec.6 Terms of repayment\n\nThe term of a loan under the scheme is the term agreed between the authority and the applicant, based on the applicant’s income patterns.\nHowever, the maximum term of a loan under the scheme is 20 years.\nThe authority may give the applicant an interest only period of not more than 5 years.\nsch 31 s 6 ins 2017 SL No. 123 s 7\n(sch.31-sec.6-ssec.1) The term of a loan under the scheme is the term agreed between the authority and the applicant, based on the applicant’s income patterns.\n(sch.31-sec.6-ssec.2) However, the maximum term of a loan under the scheme is 20 years.\n(sch.31-sec.6-ssec.3) The authority may give the applicant an interest only period of not more than 5 years.","sortOrder":491},{"sectionNumber":"sch.31-sec.7","sectionType":"section","heading":"Security","content":"### sch.31-sec.7 Security\n\nIf 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.\nsch 31 s 7 ins 2017 SL No. 123 s 7","sortOrder":492},{"sectionNumber":"sch.31-sec.8","sectionType":"section","heading":"Eligibility criteria","content":"### sch.31-sec.8 Eligibility criteria\n\nAn applicant is eligible for a loan under the scheme if—\nthe applicant demonstrates the following to the authority’s satisfaction—\nthe applicant is a prawn farmer;\nthe applicant has been carrying on a prawn farming primary production enterprise for at least 2 years;\nsome or all of the prawn farming primary production enterprise is located on the Logan River catchment or Albert River catchment;\nthe applicant’s non-enterprise or liquid assets are no more than the amount needed for prudent risk management of the prawn farming primary production enterprise;\nthe applicant has sound prospects for commercial viability in the long term;\nthe applicant can service the loan; and\nthe applicant gives the authority a management plan that outlines the intended outcomes associated with the activities for which the applicant is applying for the loan; and\nif the loan is sought for activities that require a licence, permit or other approval—\nthe applicant gives the authority a copy of the licence, permit or approval; or\nthe applicant demonstrates to the authority’s satisfaction that the applicant can acquire the licence, permit or approval.\nIn this section—\nmanagement plan , for an applicant applying for a loan under the scheme, means a plan that—\nincludes details of the activities for which the applicant is applying for the loan; and\nstates how the activities will—\nimprove the productivity and viability of the applicant’s prawn farming primary production enterprise; or\nimprove the biosecurity controls of the applicant’s prawn farming primary production enterprise; or\ndiversify the source of the applicant’s income; and\ncomplies with the guidelines for management plans under the scheme that are issued by the authority.\nA copy of the guidelines for management plans under the scheme may be obtained from the authority.\nsch 31 s 8 ins 2017 SL No. 123 s 7\n(sch.31-sec.8-ssec.1) An applicant is eligible for a loan under the scheme if— the applicant demonstrates the following to the authority’s satisfaction— the applicant is a prawn farmer; the applicant has been carrying on a prawn farming primary production enterprise for at least 2 years; some or all of the prawn farming primary production enterprise is located on the Logan River catchment or Albert River catchment; the applicant’s non-enterprise or liquid assets are no more than the amount needed for prudent risk management of the prawn farming primary production enterprise; the applicant has sound prospects for commercial viability in the long term; the applicant can service the loan; and the applicant gives the authority a management plan that outlines the intended outcomes associated with the activities for which the applicant is applying for the loan; and if the loan is sought for activities that require a licence, permit or other approval— the applicant gives the authority a copy of the licence, permit or approval; or the applicant demonstrates to the authority’s satisfaction that the applicant can acquire the licence, permit or approval.\n(sch.31-sec.8-ssec.2) In this section— management plan , for an applicant applying for a loan under the scheme, means a plan that— includes details of the activities for which the applicant is applying for the loan; and states how the activities will— improve the productivity and viability of the applicant’s prawn farming primary production enterprise; or improve the biosecurity controls of the applicant’s prawn farming primary production enterprise; or diversify the source of the applicant’s income; and complies with the guidelines for management plans under the scheme that are issued by the authority. A copy of the guidelines for management plans under the scheme may be obtained from the authority.\n- (a) the applicant demonstrates the following to the authority’s satisfaction— (i) the applicant is a prawn farmer; (ii) the applicant has been carrying on a prawn farming primary production enterprise for at least 2 years; (iii) some or all of the prawn farming primary production enterprise is located on the Logan River catchment or Albert River catchment; (iv) the applicant’s non-enterprise or liquid assets are no more than the amount needed for prudent risk management of the prawn farming primary production enterprise; (v) the applicant has sound prospects for commercial viability in the long term; (vi) the applicant can service the loan; and\n- (i) the applicant is a prawn farmer;\n- (ii) the applicant has been carrying on a prawn farming primary production enterprise for at least 2 years;\n- (iii) some or all of the prawn farming primary production enterprise is located on the Logan River catchment or Albert River catchment;\n- (iv) the applicant’s non-enterprise or liquid assets are no more than the amount needed for prudent risk management of the prawn farming primary production enterprise;\n- (v) the applicant has sound prospects for commercial viability in the long term;\n- (vi) the applicant can service the loan; and\n- (b) the applicant gives the authority a management plan that outlines the intended outcomes associated with the activities for which the applicant is applying for the loan; and\n- (c) if the loan is sought for activities that require a licence, permit or other approval— (i) the applicant gives the authority a copy of the licence, permit or approval; or (ii) the applicant demonstrates to the authority’s satisfaction that the applicant can acquire the licence, permit or approval.\n- (i) the applicant gives the authority a copy of the licence, permit or approval; or\n- (ii) the applicant demonstrates to the authority’s satisfaction that the applicant can acquire the licence, permit or approval.\n- (i) the applicant is a prawn farmer;\n- (ii) the applicant has been carrying on a prawn farming primary production enterprise for at least 2 years;\n- (iii) some or all of the prawn farming primary production enterprise is located on the Logan River catchment or Albert River catchment;\n- (iv) the applicant’s non-enterprise or liquid assets are no more than the amount needed for prudent risk management of the prawn farming primary production enterprise;\n- (v) the applicant has sound prospects for commercial viability in the long term;\n- (vi) the applicant can service the loan; and\n- (i) the applicant gives the authority a copy of the licence, permit or approval; or\n- (ii) the applicant demonstrates to the authority’s satisfaction that the applicant can acquire the licence, permit or approval.\n- (a) includes details of the activities for which the applicant is applying for the loan; and\n- (b) states how the activities will— (i) improve the productivity and viability of the applicant’s prawn farming primary production enterprise; or (ii) improve the biosecurity controls of the applicant’s prawn farming primary production enterprise; or (iii) diversify the source of the applicant’s income; and\n- (i) improve the productivity and viability of the applicant’s prawn farming primary production enterprise; or\n- (ii) improve the biosecurity controls of the applicant’s prawn farming primary production enterprise; or\n- (iii) diversify the source of the applicant’s income; and\n- (c) complies with the guidelines for management plans under the scheme that are issued by the authority. Note— A copy of the guidelines for management plans under the scheme may be obtained from the authority.\n- (i) improve the productivity and viability of the applicant’s prawn farming primary production enterprise; or\n- (ii) improve the biosecurity controls of the applicant’s prawn farming primary production enterprise; or\n- (iii) diversify the source of the applicant’s income; and","sortOrder":493},{"sectionNumber":"sch.31-sec.9","sectionType":"section","heading":"Applications for assistance","content":"### sch.31-sec.9 Applications for assistance\n\nA prawn farmer may apply, in the approved form, for a loan under the scheme.\nThe application must be given to the authority before 30 June 2018.\nsch 31 s 9 ins 2017 SL No. 123 s 7\n(sch.31-sec.9-ssec.1) A prawn farmer may apply, in the approved form, for a loan under the scheme.\n(sch.31-sec.9-ssec.2) The application must be given to the authority before 30 June 2018.","sortOrder":494},{"sectionNumber":"sch.31-sec.10","sectionType":"section","heading":"Deciding applications for assistance","content":"### sch.31-sec.10 Deciding applications for assistance\n\nThe authority must consider an application for a loan under the scheme and decide to approve or refuse the application.\nSubject to subsection (3) , the authority must approve an application if the authority is satisfied—\nthe applicant is eligible for the loan under section 8 ; and\nthe application relates to activities mentioned in section 3 (a) to (c) .\nThe authority must refuse an application if the authority’s assistance funds for the scheme are not enough to provide the loan under the scheme.\nsch 31 s 10 ins 2017 SL No. 123 s 7\n(sch.31-sec.10-ssec.1) The authority must consider an application for a loan under the scheme and decide to approve or refuse the application.\n(sch.31-sec.10-ssec.2) Subject to subsection (3) , the authority must approve an application if the authority is satisfied— the applicant is eligible for the loan under section 8 ; and the application relates to activities mentioned in section 3 (a) to (c) .\n(sch.31-sec.10-ssec.3) The authority must refuse an application if the authority’s assistance funds for the scheme are not enough to provide the loan under the scheme.\n- (a) the applicant is eligible for the loan under section 8 ; and\n- (b) the application relates to activities mentioned in section 3 (a) to (c) .","sortOrder":495},{"sectionNumber":"sch.32-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":496},{"sectionNumber":"sch.32-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.32-sec.1 Objective of scheme\n\nThe objective of the scheme is to provide assistance that will support economic development in relevant rural areas by creating employment related to primary production in the areas.\nsch 32 s 1 ins 2018 SL No. 130 s 4","sortOrder":497},{"sectionNumber":"sch.32-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.32-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to enable an eligible entity to carry out an activity that will create employment related to primary production in a relevant rural area.\nsch 32 s 2 ins 2018 SL No. 130 s 4","sortOrder":498},{"sectionNumber":"sch.32-sec.3","sectionType":"section","heading":"Definitions","content":"### sch.32-sec.3 Definitions\n\nIn this schedule—\napplicant means an eligible entity applying for financial assistance under the scheme.\napproved form means a form approved by the authority.\nAustralian Statistical Geography Standard ...\nsch 32 s 3 def Australian Statistical Geography Standard om 2021 SL No. 149 s 4 (1)\neligibility criteria means the criteria stated in section 9 .\neligible activity see section 4 .\neligible entity see section 5 .\nexpression of interest , in applying for assistance under the scheme, means an expression of interest that complies with section 10 (3) .\nmedium-size business see section 6 .\nprimary production enterprise means a business—\nthat involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and\nfor which an entity holds an Australian Business Number.\nproprietary company means a proprietary company within the meaning of the Corporations Act .\nrelevant rural area means an area in Queensland, other than any of the following local government areas—\nCity of Brisbane;\nIpswich;\nLogan;\nRedland.\nsch 32 s 3 def relevant rural area sub 2021 SL No. 149 s 4\nscheme means the scheme set out in this schedule.\nsch 32 s 3 ins 2018 SL No. 130 s 4\n- (a) that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and\n- (b) for which an entity holds an Australian Business Number.\n- (a) City of Brisbane;\n- (b) Ipswich;\n- (c) Logan;\n- (d) Redland.","sortOrder":499},{"sectionNumber":"sch.32-sec.4","sectionType":"section","heading":"Meaning of eligible activity","content":"### sch.32-sec.4 Meaning of eligible activity\n\nAn eligible activity is an activity the authority is satisfied will create employment related to primary production in a relevant rural area.\ndeveloping a new market for a product\nestablishing a training facility related to primary production\nexpanding a business responsible for a step in the supply chain for primary production\nsch 32 s 4 ins 2018 SL No. 130 s 4\n- • developing a new market for a product\n- • establishing a training facility related to primary production\n- • expanding a business responsible for a step in the supply chain for primary production","sortOrder":500},{"sectionNumber":"sch.32-sec.5","sectionType":"section","heading":"Meaning of eligible entity","content":"### sch.32-sec.5 Meaning of eligible entity\n\nAn eligible entity means any of the following—\nan entity that carries on a medium-size business;\nan association incorporated under the Associations Incorporation Act 1981 ;\na cooperative registered under the Cooperatives Act 1997 ;\nan Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;\na primary producer;\nan entity established to represent—\nprimary producers; or\nprimary production enterprises;\nan entity that is a federation of entities mentioned in paragraph (f) ;\na university in Queensland;\na tertiary education institution, or another institution or organisation, that provides vocational training in Queensland;\na local government under the Local Government Act 2009 .\nIn this section—\nprimary producer means—\na sole trader who spends the majority of the trader’s labour on, and derives the majority of the trader’s income from, a primary production enterprise; or\nin 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.\nsch 32 s 5 ins 2018 SL No. 130 s 4\n(sch.32-sec.5-ssec.1) An eligible entity means any of the following— an entity that carries on a medium-size business; an association incorporated under the Associations Incorporation Act 1981 ; a cooperative registered under the Cooperatives Act 1997 ; an Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; a primary producer; an entity established to represent— primary producers; or primary production enterprises; an entity that is a federation of entities mentioned in paragraph (f) ; a university in Queensland; a tertiary education institution, or another institution or organisation, that provides vocational training in Queensland; a local government under the Local Government Act 2009 .\n(sch.32-sec.5-ssec.2) In this section— primary producer means— a sole trader who spends the majority of the trader’s labour on, and derives the majority of the trader’s income from, a primary production enterprise; or 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.\n- (a) an entity that carries on a medium-size business;\n- (b) an association incorporated under the Associations Incorporation Act 1981 ;\n- (c) a cooperative registered under the Cooperatives Act 1997 ;\n- (d) an Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;\n- (e) a primary producer;\n- (f) an entity established to represent— (i) primary producers; or (ii) primary production enterprises;\n- (i) primary producers; or\n- (ii) primary production enterprises;\n- (g) an entity that is a federation of entities mentioned in paragraph (f) ;\n- (h) a university in Queensland;\n- (i) a tertiary education institution, or another institution or organisation, that provides vocational training in Queensland;\n- (j) a local government under the Local Government Act 2009 .\n- (i) primary producers; or\n- (ii) primary production enterprises;\n- (a) a sole trader who spends the majority of the trader’s labour on, and derives the majority of the trader’s income from, a primary production enterprise; or\n- (a) 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.","sortOrder":501},{"sectionNumber":"sch.32-sec.6","sectionType":"section","heading":"Meaning of medium-size business","content":"### sch.32-sec.6 Meaning of medium-size business\n\nA medium-size business is a business—\nthat is carried on by a sole trader, partnership, proprietary company or trust; and\nfor which an entity holds an Australian Business Number; and\nthat is registered for GST; and\nthat employs fewer than—\n200 full-time employees; or\nif the business has employees other than full-time employees—200 equivalent full-time employees; and\nthat is not operated by a public company within the meaning of the Corporations Act .\nFor subsection (1) (d) , the number of equivalent full-time employees of a business is worked out using the formula—\nwhere—\nE means the number of equivalent full-time employees of the business.\nF means the number of full-time employees of the business.\nP means the total number of hours worked each week by employees other than full-time employees.\nIn this section—\nfull-time employee , of a business, means an individual who ordinarily works at least 35 hours each week for the business.\nsch 32 s 6 ins 2018 SL No. 130 s 4\n(sch.32-sec.6-ssec.1) A medium-size business is a business— that is carried on by a sole trader, partnership, proprietary company or trust; and for which an entity holds an Australian Business Number; and that is registered for GST; and that employs fewer than— 200 full-time employees; or if the business has employees other than full-time employees—200 equivalent full-time employees; and that is not operated by a public company within the meaning of the Corporations Act .\n(sch.32-sec.6-ssec.2) For subsection (1) (d) , 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.\n(sch.32-sec.6-ssec.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.\n- (a) that is carried on by a sole trader, partnership, proprietary company or trust; and\n- (b) for which an entity holds an Australian Business Number; and\n- (c) that is registered for GST; and\n- (d) that employs fewer than— (i) 200 full-time employees; or (ii) if the business has employees other than full-time employees—200 equivalent full-time employees; and\n- (i) 200 full-time employees; or\n- (ii) if the business has employees other than full-time employees—200 equivalent full-time employees; and\n- (e) that is not operated by a public company within the meaning of the Corporations Act .\n- (i) 200 full-time employees; or\n- (ii) if the business has employees other than full-time employees—200 equivalent full-time employees; and","sortOrder":502},{"sectionNumber":"sch.32-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":503},{"sectionNumber":"sch.32-sec.7","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.32-sec.7 Nature and amount of assistance\n\nThe nature of assistance available under the scheme is a grant of financial assistance to an eligible entity for an eligible activity.\nA grant of financial assistance is not available for—\nfunding an activity that commenced or was completed before an application for assistance under the scheme is made; or\nrepairing or replacing existing capital infrastructure; or\nmaking payments towards a debt; or\npurchasing land; or\nundertaking training, or paying professional costs, not related to the eligible activity the subject of the application; or\nconducting feasibility studies; or\npaying administration costs.\nAlso, a grant of financial assistance is not available unless the eligible entity meets the eligibility criteria.\nThe amount of a grant of financial assistance under the scheme for an eligible activity—\nis based on the authority’s assessment of the applicant’s financial position, including the applicant’s ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for; and\nmust not be more than the amount the applicant will contribute to the activity.\nHowever, the maximum amount of a grant of financial assistance under the scheme for an eligible activity is $200,000.\nsch 32 s 7 ins 2018 SL No. 130 s 4\namd 2021 SL No. 149 s 5\n(sch.32-sec.7-ssec.1) The nature of assistance available under the scheme is a grant of financial assistance to an eligible entity for an eligible activity.\n(sch.32-sec.7-ssec.2) A grant of financial assistance is not available for— funding an activity that commenced or was completed before an application for assistance under the scheme is made; or repairing or replacing existing capital infrastructure; or making payments towards a debt; or purchasing land; or undertaking training, or paying professional costs, not related to the eligible activity the subject of the application; or conducting feasibility studies; or paying administration costs.\n(sch.32-sec.7-ssec.3) Also, a grant of financial assistance is not available unless the eligible entity meets the eligibility criteria.\n(sch.32-sec.7-ssec.4) The amount of a grant of financial assistance under the scheme for an eligible activity— is based on the authority’s assessment of the applicant’s financial position, including the applicant’s ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for; and must not be more than the amount the applicant will contribute to the activity.\n(sch.32-sec.7-ssec.5) However, the maximum amount of a grant of financial assistance under the scheme for an eligible activity is $200,000.\n- (a) funding an activity that commenced or was completed before an application for assistance under the scheme is made; or\n- (b) repairing or replacing existing capital infrastructure; or\n- (c) making payments towards a debt; or\n- (d) purchasing land; or\n- (e) undertaking training, or paying professional costs, not related to the eligible activity the subject of the application; or\n- (f) conducting feasibility studies; or\n- (g) paying administration costs.\n- (a) is based on the authority’s assessment of the applicant’s financial position, including the applicant’s ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for; and\n- (b) must not be more than the amount the applicant will contribute to the activity.","sortOrder":504},{"sectionNumber":"sch.32-sec.8","sectionType":"section","heading":"Scheme to operate in rounds","content":"### sch.32-sec.8 Scheme to operate in rounds\n\nThe scheme will operate in rounds.\nThe first round of the scheme will consist of—\nan expression of interest stage; and\nan application stage.\nEach subsequent round of the scheme may consist of—\nan expression of interest stage and an application stage; or\nan application stage only.\nThe first round of the scheme will open on the day stated on the authority’s website as the day on or after which an expression of interest in applying for assistance under the scheme may be given to the authority.\nEach subsequent round of the scheme will open on—\nif the round includes an expression of interest stage—the day stated on the authority’s website as the day on or after which an expression of interest in applying for assistance under the scheme may be given to the authority; or\notherwise—the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.\nEach round of the scheme will close on the day stated on the authority’s website as the day on which the round closes.\nsch 32 s 8 ins 2018 SL No. 130 s 4\namd 2021 SL No. 149 s 6\n(sch.32-sec.8-ssec.1) The scheme will operate in rounds.\n(sch.32-sec.8-ssec.2) The first round of the scheme will consist of— an expression of interest stage; and an application stage.\n(sch.32-sec.8-ssec.3) Each subsequent round of the scheme may consist of— an expression of interest stage and an application stage; or an application stage only.\n(sch.32-sec.8-ssec.4) The first round of the scheme will open on the day stated on the authority’s website as the day on or after which an expression of interest in applying for assistance under the scheme may be given to the authority.\n(sch.32-sec.8-ssec.5) Each subsequent round of the scheme will open on— if the round includes an expression of interest stage—the day stated on the authority’s website as the day on or after which an expression of interest in applying for assistance under the scheme may be given to the authority; or otherwise—the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.\n(sch.32-sec.8-ssec.6) Each round of the scheme will close on the day stated on the authority’s website as the day on which the round closes.\n- (a) an expression of interest stage; and\n- (b) an application stage.\n- (a) an expression of interest stage and an application stage; or\n- (b) an application stage only.\n- (a) if the round includes an expression of interest stage—the day stated on the authority’s website as the day on or after which an expression of interest in applying for assistance under the scheme may be given to the authority; or\n- (b) otherwise—the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.","sortOrder":505},{"sectionNumber":"sch.32-sec.9","sectionType":"section","heading":"Eligibility criteria","content":"### sch.32-sec.9 Eligibility criteria\n\nFor an applicant to be eligible to receive assistance under the scheme the applicant must—\nbe applying for assistance for an eligible activity; and\nbe able to state the relevant rural area in which the activity will be undertaken; and\nnot have previously received assistance under the scheme for a substantially similar activity; and\nnot have received other government funding for the activity; and\ndemonstrate the following to the authority’s satisfaction—\nthe applicant has the ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for;\nthe applicant has adequate experience or other qualifications to give the applicant a reasonable prospect of success in carrying out the activity;\nthe activity has sound prospects for commercial viability in the long term;\nthe activity will provide a significant economic benefit to the relevant rural area the subject of the application.\nHowever, if an application for assistance under the scheme is made jointly by 2 or more applicants, only 1 applicant must demonstrate the matters mentioned in subsection (1) (e) (i) and (ii) .\nIn this section—\ngovernment funding means financial assistance, other than a loan, provided by the Commonwealth government, the government of a State or a local government.\nsch 32 s 9 ins 2018 SL No. 130 s 4\n(sch.32-sec.9-ssec.1) For an applicant to be eligible to receive assistance under the scheme the applicant must— be applying for assistance for an eligible activity; and be able to state the relevant rural area in which the activity will be undertaken; and not have previously received assistance under the scheme for a substantially similar activity; and not have received other government funding for the activity; and demonstrate the following to the authority’s satisfaction— the applicant has the ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for; the applicant has adequate experience or other qualifications to give the applicant a reasonable prospect of success in carrying out the activity; the activity has sound prospects for commercial viability in the long term; the activity will provide a significant economic benefit to the relevant rural area the subject of the application.\n(sch.32-sec.9-ssec.2) However, if an application for assistance under the scheme is made jointly by 2 or more applicants, only 1 applicant must demonstrate the matters mentioned in subsection (1) (e) (i) and (ii) .\n(sch.32-sec.9-ssec.3) In this section— government funding means financial assistance, other than a loan, provided by the Commonwealth government, the government of a State or a local government.\n- (a) be applying for assistance for an eligible activity; and\n- (b) be able to state the relevant rural area in which the activity will be undertaken; and\n- (c) not have previously received assistance under the scheme for a substantially similar activity; and\n- (d) not have received other government funding for the activity; and\n- (e) demonstrate the following to the authority’s satisfaction— (i) the applicant has the ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for; (ii) the applicant has adequate experience or other qualifications to give the applicant a reasonable prospect of success in carrying out the activity; (iii) the activity has sound prospects for commercial viability in the long term; (iv) the activity will provide a significant economic benefit to the relevant rural area the subject of the application.\n- (i) the applicant has the ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for;\n- (ii) the applicant has adequate experience or other qualifications to give the applicant a reasonable prospect of success in carrying out the activity;\n- (iii) the activity has sound prospects for commercial viability in the long term;\n- (iv) the activity will provide a significant economic benefit to the relevant rural area the subject of the application.\n- (i) the applicant has the ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for;\n- (ii) the applicant has adequate experience or other qualifications to give the applicant a reasonable prospect of success in carrying out the activity;\n- (iii) the activity has sound prospects for commercial viability in the long term;\n- (iv) the activity will provide a significant economic benefit to the relevant rural area the subject of the application.","sortOrder":506},{"sectionNumber":"sch.32-sec.10","sectionType":"section","heading":"Expressions of interest","content":"### sch.32-sec.10 Expressions of interest\n\nThis section applies if a round of the scheme includes an expression of interest stage.\nThe authority must, on or before the day the round opens under section 8 , publish the day by which the authority must receive an expression of interest in applying for assistance under the scheme on the authority’s website.\nAn expression of interest in applying for assistance under the scheme must—\nbe given to the authority by the day mentioned in subsection (2) ; and\nbe in the approved form; and\nbe accompanied by the other documents stated in the approved form.\nThe authority must accept or reject each expression of interest.\nIf the authority decides to reject an expression of interest—\nthe authority must give the eligible entity who gave the expression of interest to the authority written notice of the decision; and\nfor part 3A of the Act , the decision is taken to be a decision under section 12 (1) (a) of the Act .\nsch 32 s 10 ins 2018 SL No. 130 s 4\n(sch.32-sec.10-ssec.1) This section applies if a round of the scheme includes an expression of interest stage.\n(sch.32-sec.10-ssec.2) The authority must, on or before the day the round opens under section 8 , publish the day by which the authority must receive an expression of interest in applying for assistance under the scheme on the authority’s website.\n(sch.32-sec.10-ssec.3) An expression of interest in applying for assistance under the scheme must— be given to the authority by the day mentioned in subsection (2) ; and be in the approved form; and be accompanied by the other documents stated in the approved form.\n(sch.32-sec.10-ssec.4) The authority must accept or reject each expression of interest.\n(sch.32-sec.10-ssec.5) If the authority decides to reject an expression of interest— the authority must give the eligible entity who gave the expression of interest to the authority written notice of the decision; and for part 3A of the Act , the decision is taken to be a decision under section 12 (1) (a) of the Act .\n- (a) be given to the authority by the day mentioned in subsection (2) ; and\n- (b) be in the approved form; and\n- (c) be accompanied by the other documents stated in the approved form.\n- (a) the authority must give the eligible entity who gave the expression of interest to the authority written notice of the decision; and\n- (b) for part 3A of the Act , the decision is taken to be a decision under section 12 (1) (a) of the Act .","sortOrder":507},{"sectionNumber":"sch.32-sec.11","sectionType":"section","heading":"Applications","content":"### sch.32-sec.11 Applications\n\nIf a round of the scheme includes an expression of interest stage, an application for assistance under the scheme may be made by an eligible entity only if—\nthe authority has accepted an expression of interest from the eligible entity; and\nthe authority has given the entity a notice stating—\nthe entity is invited to apply for assistance under the scheme; and\nthe day by which the authority must receive an application.\nIf a round of the scheme does not include an expression of interest stage, the authority must, on or before the day mentioned in section 8 (5) (b) , publish the day by which the authority must receive an application for assistance on the authority’s website.\nAn application for assistance under the scheme must—\nbe given to the authority by the day mentioned in subsection (1) (b) (ii) or (2) ; and\nbe made in the approved form; and\nbe accompanied by the other documents stated in the approved form.\nIf the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\nsch 32 s 11 ins 2018 SL No. 130 s 4\n(sch.32-sec.11-ssec.1) If a round of the scheme includes an expression of interest stage, an application for assistance under the scheme may be made by an eligible entity only if— the authority has accepted an expression of interest from the eligible entity; and the authority has given the entity a notice stating— the entity is invited to apply for assistance under the scheme; and the day by which the authority must receive an application.\n(sch.32-sec.11-ssec.2) If a round of the scheme does not include an expression of interest stage, the authority must, on or before the day mentioned in section 8 (5) (b) , publish the day by which the authority must receive an application for assistance on the authority’s website.\n(sch.32-sec.11-ssec.3) An application for assistance under the scheme must— be given to the authority by the day mentioned in subsection (1) (b) (ii) or (2) ; and be made in the approved form; and be accompanied by the other documents stated in the approved form.\n(sch.32-sec.11-ssec.4) If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\n- (a) the authority has accepted an expression of interest from the eligible entity; and\n- (b) the authority has given the entity a notice stating— (i) the entity is invited to apply for assistance under the scheme; and (ii) the day by which the authority must receive an application.\n- (i) the entity is invited to apply for assistance under the scheme; and\n- (ii) the day by which the authority must receive an application.\n- (i) the entity is invited to apply for assistance under the scheme; and\n- (ii) the day by which the authority must receive an application.\n- (a) be given to the authority by the day mentioned in subsection (1) (b) (ii) or (2) ; and\n- (b) be made in the approved form; and\n- (c) be accompanied by the other documents stated in the approved form.","sortOrder":508},{"sectionNumber":"sch.32-sec.12","sectionType":"section","heading":"Deciding applications","content":"### sch.32-sec.12 Deciding applications\n\nThe authority must decide to approve, or refuse to approve, each application for assistance under the scheme that complies with section 11 (3) .\nThe authority must refuse to approve the application for assistance if the authority’s assistance funds for a round of the scheme are not sufficient to pay for the assistance.\nIf the authority refuses to approve the application the authority must give the applicant written notice of the decision.\nsch 32 s 12 ins 2018 SL No. 130 s 4\n(sch.32-sec.12-ssec.1) The authority must decide to approve, or refuse to approve, each application for assistance under the scheme that complies with section 11 (3) .\n(sch.32-sec.12-ssec.2) The authority must refuse to approve the application for assistance if the authority’s assistance funds for a round of the scheme are not sufficient to pay for the assistance.\n(sch.32-sec.12-ssec.3) If the authority refuses to approve the application the authority must give the applicant written notice of the decision.","sortOrder":509},{"sectionNumber":"sch.32-sec.13","sectionType":"section","heading":"Priority of consideration for approval of applications","content":"### sch.32-sec.13 Priority of consideration for approval of applications\n\nThe authority must consider approving applications for assistance under the scheme in the following decreasing order of priority—\napplications for assistance for eligible activities the authority considers will provide the greatest benefit to a relevant rural area in relation to economic development;\napplications for assistance for eligible activities the authority considers will provide the least benefit to a relevant rural area in relation to economic development.\nsch 32 s 13 ins 2018 SL No. 130 s 4\n- (a) applications for assistance for eligible activities the authority considers will provide the greatest benefit to a relevant rural area in relation to economic development;\n- (b) applications for assistance for eligible activities the authority considers will provide the least benefit to a relevant rural area in relation to economic development.","sortOrder":510},{"sectionNumber":"sch.32-sec.14","sectionType":"section","heading":"Conditions of assistance","content":"### sch.32-sec.14 Conditions of assistance\n\nThe payment of a grant of financial assistance under the scheme is subject to the following conditions—\nbefore receiving the assistance, a person must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\na person must not disclose that an application for assistance under the scheme has been approved by the authority until the authority has publicly announced the approval;\nif requested by the authority, a scheme recipient must, from time to time, give the authority a report about how the assistance is enabling the person to achieve outcomes consistent with the purpose of the assistance mentioned in section 2 ;\na scheme recipient must comply with the terms of the agreement mentioned in paragraph (a) .\nIn this section—\nscheme recipient means a person who has received assistance under the scheme.\nsch 32 s 14 ins 2018 SL No. 130 s 4\n(sch.32-sec.14-ssec.1) The payment of a grant of financial assistance under the scheme is subject to the following conditions— before receiving the assistance, a person must enter into a written agreement with the authority that sets out the terms on which the assistance is provided; a person must not disclose that an application for assistance under the scheme has been approved by the authority until the authority has publicly announced the approval; if requested by the authority, a scheme recipient must, from time to time, give the authority a report about how the assistance is enabling the person to achieve outcomes consistent with the purpose of the assistance mentioned in section 2 ; a scheme recipient must comply with the terms of the agreement mentioned in paragraph (a) .\n(sch.32-sec.14-ssec.2) In this section— scheme recipient means a person who has received assistance under the scheme.\n- (a) before receiving the assistance, a person must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) a person must not disclose that an application for assistance under the scheme has been approved by the authority until the authority has publicly announced the approval;\n- (c) if requested by the authority, a scheme recipient must, from time to time, give the authority a report about how the assistance is enabling the person to achieve outcomes consistent with the purpose of the assistance mentioned in section 2 ;\n- (d) a scheme recipient must comply with the terms of the agreement mentioned in paragraph (a) .","sortOrder":511},{"sectionNumber":"sch.32-sec.15","sectionType":"section","heading":"Payment of financial assistance","content":"### sch.32-sec.15 Payment of financial assistance\n\nThe authority may pay a grant of financial assistance under the scheme, made up of lesser amounts, at intervals decided by the authority.\nsch 32 s 15 ins 2018 SL No. 130 s 4","sortOrder":512},{"sectionNumber":"sch.33-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":513},{"sectionNumber":"sch.33-pt.1-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":514},{"sectionNumber":"sch.33-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.33-sec.1 Objective of scheme\n\nThe objective of the scheme is to assist holders of prescribed licences by offsetting costs incurred during the period starting on 1 June 2018 and ending on 30 June 2027 (the prescribed period ) for either or both of the following—\nbuying new vessel tracking units from authorised suppliers for installation in eligible boats authorised for use under the licences;\nhaving vessel tracking units professionally installed in the eligible boats.\nsch 33 s 1 ins 2018 SL No. 131 s 5\namd 2020 SL No. 213 s 3 ; 2022 SL No. 91 s 5 ; 2024 SL No. 67 s 4\n- (a) buying new vessel tracking units from authorised suppliers for installation in eligible boats authorised for use under the licences;\n- (b) having vessel tracking units professionally installed in the eligible boats.","sortOrder":515},{"sectionNumber":"sch.33-pt.1-div.2","sectionType":"division","heading":"Key definitions","content":"## Key definitions","sortOrder":516},{"sectionNumber":"sch.33-sec.2","sectionType":"section","heading":"What is a prescribed licence","content":"### sch.33-sec.2 What is a prescribed licence\n\nEach of the following is a prescribed licence —\na charter fishing licence;\nan eligible commercial fishing boat licence;\nan eligible commercial harvest fishery licence.\nsch 33 s 2 ins 2018 SL No. 131 s 5\n- (a) a charter fishing licence;\n- (b) an eligible commercial fishing boat licence;\n- (c) an eligible commercial harvest fishery licence.","sortOrder":517},{"sectionNumber":"sch.33-sec.3","sectionType":"section","heading":"What is a charter fishing licence","content":"### sch.33-sec.3 What is a charter fishing licence\n\nA charter fishing licence is a charter fishing licence issued under the Fisheries Act 1994 .\nsch 33 s 3 ins 2018 SL No. 131 s 5\namd 2019 SL No. 179 s 152 sch 12","sortOrder":518},{"sectionNumber":"sch.33-sec.4","sectionType":"section","heading":"What is an eligible commercial fishing boat licence","content":"### sch.33-sec.4 What is an eligible commercial fishing boat licence\n\nAn eligible commercial fishing boat licence is any of the following—\na commercial fishing boat licence (a class 1 CFB licence ) on which 1 fishery symbol beginning with ‘C’, ‘M’ or ‘T’, or the fishery symbol ‘N11’ or ‘L3(0)’, and no other fishery symbol, is written;\na commercial fishing boat licence (a class 2 CFB licence ) on which the fishery symbol ‘L3(1)’, and no other fishery symbol, is written;\na commercial fishing boat licence (a class 3 CFB licence ) on which 1 fishery symbol beginning with ‘K’ or ‘N’, other than the fishery symbol ‘N11’, and no other fishery symbol, is written;\na commercial fishing boat licence (a class 4 CFB licence ) on which—\n1 of the fishery symbols ‘L1’, ‘L2’, ‘L4’, ‘L8’ or ‘R’, and no other fishery symbol, is written; or\nat least 1 of the fishery symbols ‘L1’, ‘L2’, ‘L3’ or ‘L8’, and the fishery symbol ‘RQ’ or ‘SM’, are written; or\nmultiple fishery symbols, 1 of which is the fishery symbol ‘L1’, ‘L2’, ‘L4’, ‘L8’ or ‘R’, but none of which is the fishery symbol ‘RQ’ or ‘SM’, are written;\na commercial fishing boat licence (a class 5 CFB licence ) on which multiple fishery symbols, none of which is the fishery symbol ‘L1’, ‘L2’, ‘L4’, ‘L8’ or ‘R’, are written.\nIn this section—\ncommercial fishing boat licence means a primary commercial fishing licence issued under the Fisheries Act 1994 .\nsch 33 s 4 ins 2018 SL No. 131 s 5\namd 2019 SL No. 179 s 152 sch 12 ; 2020 SL No. 213 s 4 ; 2020 SL No. 236 s 124 sch 2\n(sch.33-sec.4-ssec.1) An eligible commercial fishing boat licence is any of the following— a commercial fishing boat licence (a class 1 CFB licence ) on which 1 fishery symbol beginning with ‘C’, ‘M’ or ‘T’, or the fishery symbol ‘N11’ or ‘L3(0)’, and no other fishery symbol, is written; a commercial fishing boat licence (a class 2 CFB licence ) on which the fishery symbol ‘L3(1)’, and no other fishery symbol, is written; a commercial fishing boat licence (a class 3 CFB licence ) on which 1 fishery symbol beginning with ‘K’ or ‘N’, other than the fishery symbol ‘N11’, and no other fishery symbol, is written; a commercial fishing boat licence (a class 4 CFB licence ) on which— 1 of the fishery symbols ‘L1’, ‘L2’, ‘L4’, ‘L8’ or ‘R’, and no other fishery symbol, is written; or at least 1 of the fishery symbols ‘L1’, ‘L2’, ‘L3’ or ‘L8’, and the fishery symbol ‘RQ’ or ‘SM’, are written; or multiple fishery symbols, 1 of which is the fishery symbol ‘L1’, ‘L2’, ‘L4’, ‘L8’ or ‘R’, but none of which is the fishery symbol ‘RQ’ or ‘SM’, are written; a commercial fishing boat licence (a class 5 CFB licence ) on which multiple fishery symbols, none of which is the fishery symbol ‘L1’, ‘L2’, ‘L4’, ‘L8’ or ‘R’, are written.\n(sch.33-sec.4-ssec.2) In this section— commercial fishing boat licence means a primary commercial fishing licence issued under the Fisheries Act 1994 .\n- (a) a commercial fishing boat licence (a class 1 CFB licence ) on which 1 fishery symbol beginning with ‘C’, ‘M’ or ‘T’, or the fishery symbol ‘N11’ or ‘L3(0)’, and no other fishery symbol, is written;\n- (b) a commercial fishing boat licence (a class 2 CFB licence ) on which the fishery symbol ‘L3(1)’, and no other fishery symbol, is written;\n- (c) a commercial fishing boat licence (a class 3 CFB licence ) on which 1 fishery symbol beginning with ‘K’ or ‘N’, other than the fishery symbol ‘N11’, and no other fishery symbol, is written;\n- (d) a commercial fishing boat licence (a class 4 CFB licence ) on which— (i) 1 of the fishery symbols ‘L1’, ‘L2’, ‘L4’, ‘L8’ or ‘R’, and no other fishery symbol, is written; or (ii) at least 1 of the fishery symbols ‘L1’, ‘L2’, ‘L3’ or ‘L8’, and the fishery symbol ‘RQ’ or ‘SM’, are written; or (iii) multiple fishery symbols, 1 of which is the fishery symbol ‘L1’, ‘L2’, ‘L4’, ‘L8’ or ‘R’, but none of which is the fishery symbol ‘RQ’ or ‘SM’, are written;\n- (i) 1 of the fishery symbols ‘L1’, ‘L2’, ‘L4’, ‘L8’ or ‘R’, and no other fishery symbol, is written; or\n- (ii) at least 1 of the fishery symbols ‘L1’, ‘L2’, ‘L3’ or ‘L8’, and the fishery symbol ‘RQ’ or ‘SM’, are written; or\n- (iii) multiple fishery symbols, 1 of which is the fishery symbol ‘L1’, ‘L2’, ‘L4’, ‘L8’ or ‘R’, but none of which is the fishery symbol ‘RQ’ or ‘SM’, are written;\n- (e) a commercial fishing boat licence (a class 5 CFB licence ) on which multiple fishery symbols, none of which is the fishery symbol ‘L1’, ‘L2’, ‘L4’, ‘L8’ or ‘R’, are written.\n- (i) 1 of the fishery symbols ‘L1’, ‘L2’, ‘L4’, ‘L8’ or ‘R’, and no other fishery symbol, is written; or\n- (ii) at least 1 of the fishery symbols ‘L1’, ‘L2’, ‘L3’ or ‘L8’, and the fishery symbol ‘RQ’ or ‘SM’, are written; or\n- (iii) multiple fishery symbols, 1 of which is the fishery symbol ‘L1’, ‘L2’, ‘L4’, ‘L8’ or ‘R’, but none of which is the fishery symbol ‘RQ’ or ‘SM’, are written;","sortOrder":519},{"sectionNumber":"sch.33-sec.5","sectionType":"section","heading":"What is an eligible commercial harvest fishery licence","content":"### sch.33-sec.5 What is an eligible commercial harvest fishery licence\n\nAn eligible commercial harvest fishery licence is any of the following—\na commercial harvest fishery licence (a class 1 CHF licence ) on which 1 of the fishery symbols ‘A1’, ‘A2’ or ‘D’, and no other fishery symbol, is written;\na commercial harvest fishery licence (a class 2 CHF licence ) on which the fishery symbol ‘B1’, and no other fishery symbol, is written;\na commercial harvest fishery licence (a class 3 CHF licence ) on which multiple fishery symbols, 1 of which is the fishery symbol ‘A1’, ‘A2’ or ‘D’, are written;\na commercial harvest fishery licence (a class 4 CHF licence ) on which the fishery symbol ‘J1’, and no other fishery symbol, is written.\nIn this section—\ncommercial harvest fishery licence means a commercial harvest fishery licence issued under the Fisheries Act 1994 , including a commercial harvest fishery licence taken to be a primary commercial fishing licence under the Fisheries (General) Regulation 2019 , section 155 .\nsch 33 s 5 ins 2018 SL No. 131 s 5\namd 2019 SL No. 179 s 152 sch 12 ; 2020 SL No. 213 s 5 ; 2020 SL No. 236 s 124 sch 2\n(sch.33-sec.5-ssec.1) An eligible commercial harvest fishery licence is any of the following— a commercial harvest fishery licence (a class 1 CHF licence ) on which 1 of the fishery symbols ‘A1’, ‘A2’ or ‘D’, and no other fishery symbol, is written; a commercial harvest fishery licence (a class 2 CHF licence ) on which the fishery symbol ‘B1’, and no other fishery symbol, is written; a commercial harvest fishery licence (a class 3 CHF licence ) on which multiple fishery symbols, 1 of which is the fishery symbol ‘A1’, ‘A2’ or ‘D’, are written; a commercial harvest fishery licence (a class 4 CHF licence ) on which the fishery symbol ‘J1’, and no other fishery symbol, is written.\n(sch.33-sec.5-ssec.2) In this section— commercial harvest fishery licence means a commercial harvest fishery licence issued under the Fisheries Act 1994 , including a commercial harvest fishery licence taken to be a primary commercial fishing licence under the Fisheries (General) Regulation 2019 , section 155 .\n- (a) a commercial harvest fishery licence (a class 1 CHF licence ) on which 1 of the fishery symbols ‘A1’, ‘A2’ or ‘D’, and no other fishery symbol, is written;\n- (b) a commercial harvest fishery licence (a class 2 CHF licence ) on which the fishery symbol ‘B1’, and no other fishery symbol, is written;\n- (c) a commercial harvest fishery licence (a class 3 CHF licence ) on which multiple fishery symbols, 1 of which is the fishery symbol ‘A1’, ‘A2’ or ‘D’, are written;\n- (d) a commercial harvest fishery licence (a class 4 CHF licence ) on which the fishery symbol ‘J1’, and no other fishery symbol, is written.","sortOrder":520},{"sectionNumber":"sch.33-sec.6","sectionType":"section","heading":"When is a vessel tracking unit professionally installed in an eligible boat","content":"### sch.33-sec.6 When is a vessel tracking unit professionally installed in an eligible boat\n\nA vessel tracking unit is professionally installed in an eligible boat if—\nthe unit is installed by a person (an approved installer ) who—\nis not the holder of the prescribed licence authorising the use of the boat; and\nis approved, under the vessel tracking standard, to install the unit; and\nthe holder of the prescribed licence pays the approved installer to perform the installation; and\nthe unit is installed as required by the standard.\nsch 33 s 6 ins 2018 SL No. 131 s 5\n- (a) the unit is installed by a person (an approved installer ) who— (i) is not the holder of the prescribed licence authorising the use of the boat; and (ii) is approved, under the vessel tracking standard, to install the unit; and\n- (i) is not the holder of the prescribed licence authorising the use of the boat; and\n- (ii) is approved, under the vessel tracking standard, to install the unit; and\n- (b) the holder of the prescribed licence pays the approved installer to perform the installation; and\n- (c) the unit is installed as required by the standard.\n- (i) is not the holder of the prescribed licence authorising the use of the boat; and\n- (ii) is approved, under the vessel tracking standard, to install the unit; and","sortOrder":521},{"sectionNumber":"sch.33-pt.1-div.3","sectionType":"division","heading":"Other definitions","content":"## Other definitions","sortOrder":522},{"sectionNumber":"sch.33-sec.7","sectionType":"section","heading":"Other definitions for schedule","content":"### sch.33-sec.7 Other definitions for schedule\n\nIn this schedule—\napplication means an application for assistance under the scheme.\nauthorised supplier , in relation to a new vessel tracking unit, means—\nthe manufacturer of the unit; or\na person who, in the ordinary course of the person’s business, sells the unit.\nbroadest fishery symbol , for a class 4 CFB licence, means the fishery symbol written on the licence that authorises the use of the highest number of eligible tender boats under the licence.\ncertificate of operation means a certificate of operation issued for a vessel under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cwlth) , schedule 1 , section 48 .\ndepartment means the department in which the Fisheries Act 1994 is administered.\nsch 33 s 7 def department ins 2025 SL No. 138 s 8\neligible boat means a boat propelled by a motor with a power output of at least 3kw.\neligible tender boat means a tender boat propelled by a motor with a power output of at least 3kw.\nfishery symbol see the Fisheries (General) Regulation 2019 , schedule 11 .\nsch 33 s 7 def fishery symbol amd 2019 SL No. 179 s 152 sch 12\ninstallation rebate see section 8 (b) .\nnew , in relation to a vessel tracking unit, means the unit has not previously been sold or used.\nnominated licence , for an application, see section 9 (2) .\nprescribed period see section 1 .\npurchase rebate see section 8 (a) .\nscheme means the scheme set out in this schedule.\ntender boat see the Fisheries (General) Regulation 2019 , schedule 11 .\nsch 33 s 7 def tender boat amd 2019 SL No. 179 s 152 sch 12\nvessel tracking standard means the document called ‘Vessel Tracking Installation and Maintenance Standard’ published by the department.\nA copy of the vessel tracking standard is available on the department’s website.\nvessel tracking unit means a piece of equipment, used as part of a system that monitors the position and operation of a boat, that is identified in the vessel tracking standard.\nsch 33 s 7 ins 2018 SL No. 131 s 5\n- (a) the manufacturer of the unit; or\n- (b) a person who, in the ordinary course of the person’s business, sells the unit.","sortOrder":523},{"sectionNumber":"sch.33-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":524},{"sectionNumber":"sch.33-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":525},{"sectionNumber":"sch.33-sec.8","sectionType":"section","heading":"Nature of assistance","content":"### sch.33-sec.8 Nature of assistance\n\nThe nature of assistance that may be given under the scheme is either or both of the following—\na rebate (a purchase rebate ) for buying a new vessel tracking unit from an authorised supplier within the prescribed period;\na rebate (an installation rebate ) for having a vessel tracking unit professionally installed in an eligible boat authorised for use under the licence within the prescribed period.\nsch 33 s 8 ins 2018 SL No. 131 s 5\n- (a) a rebate (a purchase rebate ) for buying a new vessel tracking unit from an authorised supplier within the prescribed period;\n- (b) a rebate (an installation rebate ) for having a vessel tracking unit professionally installed in an eligible boat authorised for use under the licence within the prescribed period.","sortOrder":526},{"sectionNumber":"sch.33-sec.9","sectionType":"section","heading":"Nature of applications","content":"### sch.33-sec.9 Nature of applications\n\nAn application must be made—\nin relation to a prescribed licence, or prescribed licences, held by the applicant; and\nfor either or both of the following in connection with the licence or licences—\nthe purchase rebate;\nthe installation rebate.\nRequirements for applications are stated in section 23 .\nEach prescribed licence to which an application relates is a nominated licence for the application.\nsch 33 s 9 ins 2018 SL No. 131 s 5\n(sch.33-sec.9-ssec.1) An application must be made— in relation to a prescribed licence, or prescribed licences, held by the applicant; and for either or both of the following in connection with the licence or licences— the purchase rebate; the installation rebate. Requirements for applications are stated in section 23 .\n(sch.33-sec.9-ssec.2) Each prescribed licence to which an application relates is a nominated licence for the application.\n- (a) in relation to a prescribed licence, or prescribed licences, held by the applicant; and\n- (b) for either or both of the following in connection with the licence or licences— (i) the purchase rebate; (ii) the installation rebate.\n- (i) the purchase rebate;\n- (ii) the installation rebate.\n- (i) the purchase rebate;\n- (ii) the installation rebate.","sortOrder":527},{"sectionNumber":"sch.33-pt.2-div.2","sectionType":"division","heading":"Eligibility for assistance","content":"## Eligibility for assistance","sortOrder":528},{"sectionNumber":"sch.33-sec.10","sectionType":"section","heading":"General eligibility criteria","content":"### sch.33-sec.10 General eligibility criteria\n\nA person is eligible for assistance under the scheme if—\nthe person makes an application in accordance with sections 9 and 23 within the prescribed period; and\nthe authority is satisfied the person has, for each vessel tracking unit for which the purchase rebate or installation rebate is sought under the application—\nbought the unit; and\nSee also section 11 .\nregistered the verification details for the unit on the department’s public register of fishing authorities known as FishNet.\nFishNet is available at www.fishnet.fisheries.qld.gov.au.\nHowever, a person is not eligible for assistance under the scheme in connection with a prescribed licence that is—\nsuspended; or\nbeing held by way of a temporary transfer under the Fisheries Act 1994 , section 65C .\nIn this section—\nboat mark see the Fisheries (Commercial Fisheries) Regulation 2019 , section 25 .\nverification details , for a vessel tracking unit for which the purchase rebate or installation rebate is sought under an application, means—\nthe serial number for the unit; and\nthe licence number of the nominated licence for the application that authorises the use of the boat in which the unit is, or is to be, installed; and\nif the nominated licence for the application is not a charter fishing licence—the boat mark for the boat in which the unit is, or is to be, installed.\nsch 33 s 10 ins 2018 SL No. 131 s 5\namd 2019 SL No. 179 s 152 sch 12\n(sch.33-sec.10-ssec.1) A person is eligible for assistance under the scheme if— the person makes an application in accordance with sections 9 and 23 within the prescribed period; and the authority is satisfied the person has, for each vessel tracking unit for which the purchase rebate or installation rebate is sought under the application— bought the unit; and See also section 11 . registered the verification details for the unit on the department’s public register of fishing authorities known as FishNet. FishNet is available at www.fishnet.fisheries.qld.gov.au.\n(sch.33-sec.10-ssec.2) However, a person is not eligible for assistance under the scheme in connection with a prescribed licence that is— suspended; or being held by way of a temporary transfer under the Fisheries Act 1994 , section 65C .\n(sch.33-sec.10-ssec.3) In this section— boat mark see the Fisheries (Commercial Fisheries) Regulation 2019 , section 25 . verification details , for a vessel tracking unit for which the purchase rebate or installation rebate is sought under an application, means— the serial number for the unit; and the licence number of the nominated licence for the application that authorises the use of the boat in which the unit is, or is to be, installed; and if the nominated licence for the application is not a charter fishing licence—the boat mark for the boat in which the unit is, or is to be, installed. sch 33 s 10 ins 2018 SL No. 131 s 5 amd 2019 SL No. 179 s 152 sch 12\n- (a) the person makes an application in accordance with sections 9 and 23 within the prescribed period; and\n- (b) the authority is satisfied the person has, for each vessel tracking unit for which the purchase rebate or installation rebate is sought under the application— (i) bought the unit; and Note— See also section 11 . (ii) registered the verification details for the unit on the department’s public register of fishing authorities known as FishNet. Editor’s note— FishNet is available at www.fishnet.fisheries.qld.gov.au.\n- (i) bought the unit; and Note— See also section 11 .\n- (ii) registered the verification details for the unit on the department’s public register of fishing authorities known as FishNet. Editor’s note— FishNet is available at www.fishnet.fisheries.qld.gov.au.\n- (i) bought the unit; and Note— See also section 11 .\n- (ii) registered the verification details for the unit on the department’s public register of fishing authorities known as FishNet. Editor’s note— FishNet is available at www.fishnet.fisheries.qld.gov.au.\n- (a) suspended; or\n- (b) being held by way of a temporary transfer under the Fisheries Act 1994 , section 65C .\n- (a) the serial number for the unit; and\n- (b) the licence number of the nominated licence for the application that authorises the use of the boat in which the unit is, or is to be, installed; and\n- (c) if the nominated licence for the application is not a charter fishing licence—the boat mark for the boat in which the unit is, or is to be, installed.","sortOrder":529},{"sectionNumber":"sch.33-sec.11","sectionType":"section","heading":"Additional eligibility criterion—purchase rebate","content":"### sch.33-sec.11 Additional eligibility criterion—purchase rebate\n\nAn applicant is eligible for the purchase rebate only if the authority is satisfied the applicant has, for each vessel tracking unit for which the rebate is sought under the application, bought the unit—\nfrom an authorised supplier; and\nwhen the unit was new; and\nwithin the prescribed period.\nsch 33 s 11 ins 2018 SL No. 131 s 5\n- (a) from an authorised supplier; and\n- (b) when the unit was new; and\n- (c) within the prescribed period.","sortOrder":530},{"sectionNumber":"sch.33-sec.12","sectionType":"section","heading":"Additional eligibility criteria—installation rebate","content":"### sch.33-sec.12 Additional eligibility criteria—installation rebate\n\nAn applicant is eligible for the installation rebate only if the authority is satisfied the applicant has, for each vessel tracking unit for which the rebate is sought under the application, had the unit professionally installed—\nin an eligible boat authorised for use under a nominated licence for the application; and\nwithin the prescribed period.\nHowever, an applicant is not eligible for the installation rebate for a vessel tracking unit for which the rebate has previously been paid to a person.\nsch 33 s 12 ins 2018 SL No. 131 s 5\n(sch.33-sec.12-ssec.1) An applicant is eligible for the installation rebate only if the authority is satisfied the applicant has, for each vessel tracking unit for which the rebate is sought under the application, had the unit professionally installed— in an eligible boat authorised for use under a nominated licence for the application; and within the prescribed period.\n(sch.33-sec.12-ssec.2) However, an applicant is not eligible for the installation rebate for a vessel tracking unit for which the rebate has previously been paid to a person.\n- (a) in an eligible boat authorised for use under a nominated licence for the application; and\n- (b) within the prescribed period.","sortOrder":531},{"sectionNumber":"sch.33-sec.13","sectionType":"section","heading":"Additional eligibility criterion—particular licences","content":"### sch.33-sec.13 Additional eligibility criterion—particular licences\n\nThis section applies if a nominated licence for an application is an eligible commercial fishing boat licence or eligible commercial harvest fishery licence.\nThe applicant is eligible for assistance under the scheme in connection with the nominated licence only for vessel tracking units identified in the vessel tracking standard as units approved for use in a fishery whose fishery symbol is written on the licence.\nIn this section—\nfishery see the Fisheries Act 1994 , section 7 .\nsch 33 s 13 ins 2018 SL No. 131 s 5\n(sch.33-sec.13-ssec.1) This section applies if a nominated licence for an application is an eligible commercial fishing boat licence or eligible commercial harvest fishery licence.\n(sch.33-sec.13-ssec.2) The applicant is eligible for assistance under the scheme in connection with the nominated licence only for vessel tracking units identified in the vessel tracking standard as units approved for use in a fishery whose fishery symbol is written on the licence.\n(sch.33-sec.13-ssec.3) In this section— fishery see the Fisheries Act 1994 , section 7 .","sortOrder":532},{"sectionNumber":"sch.33-sec.14","sectionType":"section","heading":"Moved fishery symbols","content":"### sch.33-sec.14 Moved fishery symbols\n\nThis section applies if—\na nominated licence for an application (a current application ) is an eligible commercial fishing boat licence or eligible commercial harvest fishery licence; and\na fishery symbol written on the licence has been moved from another licence under the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 3 , part 4 , division 2 ; and\nthe fishery symbol was relevant to an earlier application relating to the other licence that has been approved.\nFor the purposes of the current application, the nominated licence is taken not to have the fishery symbol written on it.\nsch 33 s 14 ins 2018 SL No. 131 s 5\namd 2019 SL No. 179 s 152 sch 12\n(sch.33-sec.14-ssec.1) This section applies if— a nominated licence for an application (a current application ) is an eligible commercial fishing boat licence or eligible commercial harvest fishery licence; and a fishery symbol written on the licence has been moved from another licence under the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 3 , part 4 , division 2 ; and the fishery symbol was relevant to an earlier application relating to the other licence that has been approved.\n(sch.33-sec.14-ssec.2) For the purposes of the current application, the nominated licence is taken not to have the fishery symbol written on it.\n- (a) a nominated licence for an application (a current application ) is an eligible commercial fishing boat licence or eligible commercial harvest fishery licence; and\n- (b) a fishery symbol written on the licence has been moved from another licence under the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 3 , part 4 , division 2 ; and\n- (c) the fishery symbol was relevant to an earlier application relating to the other licence that has been approved.","sortOrder":533},{"sectionNumber":"sch.33-pt.2-div.3","sectionType":"division","heading":"Amount and payment of assistance","content":"## Amount and payment of assistance","sortOrder":534},{"sectionNumber":"sch.33-sec.15","sectionType":"section","heading":"Amount of assistance","content":"### sch.33-sec.15 Amount of assistance\n\nThe amount of the purchase rebate payable to an applicant under the scheme is as follows—\nfor a category A unit—the amount the applicant paid to buy the unit, up to a maximum of $300;\nfor a category B unit—the amount the applicant paid to buy the unit, up to a maximum of $750.\nThe amount of the installation rebate payable to an applicant under the scheme for the installation of a vessel tracking unit is the amount the applicant paid to have the unit professionally installed in an eligible boat, up to a maximum of $220.\nIn this section—\ncategory A unit means a vessel tracking unit identified as a category A unit in the vessel tracking standard.\ncategory B unit means a vessel tracking unit identified as a category B unit in the vessel tracking standard.\nsch 33 s 15 ins 2018 SL No. 131 s 5\n(sch.33-sec.15-ssec.1) The amount of the purchase rebate payable to an applicant under the scheme is as follows— for a category A unit—the amount the applicant paid to buy the unit, up to a maximum of $300; for a category B unit—the amount the applicant paid to buy the unit, up to a maximum of $750.\n(sch.33-sec.15-ssec.2) The amount of the installation rebate payable to an applicant under the scheme for the installation of a vessel tracking unit is the amount the applicant paid to have the unit professionally installed in an eligible boat, up to a maximum of $220.\n(sch.33-sec.15-ssec.3) In this section— category A unit means a vessel tracking unit identified as a category A unit in the vessel tracking standard. category B unit means a vessel tracking unit identified as a category B unit in the vessel tracking standard.\n- (a) for a category A unit—the amount the applicant paid to buy the unit, up to a maximum of $300;\n- (b) for a category B unit—the amount the applicant paid to buy the unit, up to a maximum of $750.","sortOrder":535},{"sectionNumber":"sch.33-sec.16","sectionType":"section","heading":"Payment of purchase rebate","content":"### sch.33-sec.16 Payment of purchase rebate\n\nSubject to division 4 , the purchase rebate can be paid to an applicant once for each vessel tracking unit bought by the applicant in accordance with section 11 .\nsch 33 s 16 ins 2018 SL No. 131 s 5","sortOrder":536},{"sectionNumber":"sch.33-sec.17","sectionType":"section","heading":"Payment of installation rebate","content":"### sch.33-sec.17 Payment of installation rebate\n\nSubject to division 4 , the installation rebate can be paid to an applicant as follows—\nif a nominated licence for the application is a charter fishing licence—once for each vessel tracking unit professionally installed, in accordance with section 12 (1) , in an eligible boat that—\nis identified in a certificate of operation held by the applicant; and\nis authorised for use under the licence; and\nthe authority considers is ordinarily used by the applicant for charter fishing trips under the licence;\nif a nominated licence for the application is a class 4 CFB licence—once for each vessel tracking unit professionally installed, in accordance with section 12 (1) , in an eligible boat authorised for use under the broadest fishery symbol for the licence;\notherwise—once for each vessel tracking unit professionally installed, in accordance with section 12 (1) , in an eligible boat authorised for use under a nominated licence for the application.\nIn this section—\ncharter fishing trip see the Fisheries (General) Regulation 2019 , schedule 11 .\nsch 33 s 17 ins 2018 SL No. 131 s 5\namd 2019 SL No. 179 s 152 sch 12\n(sch.33-sec.17-ssec.1) Subject to division 4 , the installation rebate can be paid to an applicant as follows— if a nominated licence for the application is a charter fishing licence—once for each vessel tracking unit professionally installed, in accordance with section 12 (1) , in an eligible boat that— is identified in a certificate of operation held by the applicant; and is authorised for use under the licence; and the authority considers is ordinarily used by the applicant for charter fishing trips under the licence; if a nominated licence for the application is a class 4 CFB licence—once for each vessel tracking unit professionally installed, in accordance with section 12 (1) , in an eligible boat authorised for use under the broadest fishery symbol for the licence; otherwise—once for each vessel tracking unit professionally installed, in accordance with section 12 (1) , in an eligible boat authorised for use under a nominated licence for the application.\n(sch.33-sec.17-ssec.2) In this section— charter fishing trip see the Fisheries (General) Regulation 2019 , schedule 11 .\n- (a) if a nominated licence for the application is a charter fishing licence—once for each vessel tracking unit professionally installed, in accordance with section 12 (1) , in an eligible boat that— (i) is identified in a certificate of operation held by the applicant; and (ii) is authorised for use under the licence; and (iii) the authority considers is ordinarily used by the applicant for charter fishing trips under the licence;\n- (i) is identified in a certificate of operation held by the applicant; and\n- (ii) is authorised for use under the licence; and\n- (iii) the authority considers is ordinarily used by the applicant for charter fishing trips under the licence;\n- (b) if a nominated licence for the application is a class 4 CFB licence—once for each vessel tracking unit professionally installed, in accordance with section 12 (1) , in an eligible boat authorised for use under the broadest fishery symbol for the licence;\n- (c) otherwise—once for each vessel tracking unit professionally installed, in accordance with section 12 (1) , in an eligible boat authorised for use under a nominated licence for the application.\n- (i) is identified in a certificate of operation held by the applicant; and\n- (ii) is authorised for use under the licence; and\n- (iii) the authority considers is ordinarily used by the applicant for charter fishing trips under the licence;","sortOrder":537},{"sectionNumber":"sch.33-pt.2-div.4","sectionType":"division","heading":"Restrictions on payment of assistance","content":"## Restrictions on payment of assistance","sortOrder":538},{"sectionNumber":"sch.33-sec.18","sectionType":"section","heading":"Application of division","content":"### sch.33-sec.18 Application of division\n\nThis division applies in relation to an application if, under division 2 , the applicant is eligible for assistance under the scheme.\nsch 33 s 18 ins 2018 SL No. 131 s 5","sortOrder":539},{"sectionNumber":"sch.33-sec.19","sectionType":"section","heading":"Rebates payable once per eligible boat","content":"### sch.33-sec.19 Rebates payable once per eligible boat\n\nNeither the purchase rebate nor the installation rebate can be paid more than once for each eligible boat authorised for use under a nominated licence for the application.\nThis section does not limit section 17 (1) (b) .\nsch 33 s 19 ins 2018 SL No. 131 s 5\n(sch.33-sec.19-ssec.1) Neither the purchase rebate nor the installation rebate can be paid more than once for each eligible boat authorised for use under a nominated licence for the application.\n(sch.33-sec.19-ssec.2) This section does not limit section 17 (1) (b) .","sortOrder":540},{"sectionNumber":"sch.33-sec.20","sectionType":"section","heading":"Charter fishing licences","content":"### sch.33-sec.20 Charter fishing licences\n\nNeither the purchase rebate nor the installation rebate can be paid more than 7 times in connection with each nominated licence for the application that is a charter fishing licence.\nsch 33 s 20 ins 2018 SL No. 131 s 5","sortOrder":541},{"sectionNumber":"sch.33-sec.21","sectionType":"section","heading":"Eligible commercial fishing boat licences","content":"### sch.33-sec.21 Eligible commercial fishing boat licences\n\nNeither the purchase rebate nor the installation rebate can be paid—\nmore than once in connection with each nominated licence for the application that is a class 1 CFB licence; or\nmore than twice in connection with each nominated licence for the application that is a class 2 CFB licence; or\nmore than 3 times in connection with each nominated licence for the application that is a class 3 CFB licence or class 5 CFB licence; or\nmore than the lesser of the following in connection with each nominated licence for the application that is a class 4 CFB licence—\nonce for each eligible boat authorised for use under the broadest fishery symbol for the licence;\n7 times.\nsch 33 s 21 ins 2018 SL No. 131 s 5\n- (a) more than once in connection with each nominated licence for the application that is a class 1 CFB licence; or\n- (b) more than twice in connection with each nominated licence for the application that is a class 2 CFB licence; or\n- (c) more than 3 times in connection with each nominated licence for the application that is a class 3 CFB licence or class 5 CFB licence; or\n- (d) more than the lesser of the following in connection with each nominated licence for the application that is a class 4 CFB licence— (i) once for each eligible boat authorised for use under the broadest fishery symbol for the licence; (ii) 7 times.\n- (i) once for each eligible boat authorised for use under the broadest fishery symbol for the licence;\n- (ii) 7 times.\n- (i) once for each eligible boat authorised for use under the broadest fishery symbol for the licence;\n- (ii) 7 times.","sortOrder":542},{"sectionNumber":"sch.33-sec.22","sectionType":"section","heading":"Eligible commercial harvest fishery licences","content":"### sch.33-sec.22 Eligible commercial harvest fishery licences\n\nNeither the purchase rebate nor the installation rebate can be paid to the applicant—\nmore than 3 times in connection with each nominated licence for the application that is a class 1 CHF licence or class 3 CHF licence; or\nmore than 5 times in connection with each nominated licence for the application that is a class 2 CHF licence; or\nmore than 6 times in connection with each nominated licence for the application that is a class 4 CHF licence.\nsch 33 s 22 ins 2018 SL No. 131 s 5\namd 2020 SL No. 213 s 6\n- (a) more than 3 times in connection with each nominated licence for the application that is a class 1 CHF licence or class 3 CHF licence; or\n- (b) more than 5 times in connection with each nominated licence for the application that is a class 2 CHF licence; or\n- (c) more than 6 times in connection with each nominated licence for the application that is a class 4 CHF licence.","sortOrder":543},{"sectionNumber":"sch.33-pt.2-div.5","sectionType":"division","heading":"Applications","content":"## Applications","sortOrder":544},{"sectionNumber":"sch.33-sec.23","sectionType":"section","heading":"Application requirements","content":"### sch.33-sec.23 Application requirements\n\nAn application must be made in the form approved by the authority and accompanied by—\nthe licence number of each nominated licence for the application; and\nif a nominated licence for the application is a charter fishing licence—a copy of each certificate of operation for an eligible boat authorised for use under the licence; and\nif the application is for the purchase rebate—evidence the applicant bought each vessel tracking unit for which the rebate is sought in accordance with section 11 ; and\nif the application is for the installation rebate—evidence the applicant had each vessel tracking unit for which the rebate is sought professionally installed in accordance with section 12 (1) .\nAn applicant must give the authority any further documents or information the authority reasonably requires to decide the application.\nIn this section—\nevidence , in relation to the purchase or professional installation of a vessel tracking unit, includes a tax invoice and official receipt for the purchase or installation.\nofficial receipt means a receipt including—\nthe name and address of the entity that issued the receipt; and\nif the entity has an Australian Business Number—the Australian Business Number; and\na description of each item to which the receipt relates.\nsch 33 s 23 ins 2018 SL No. 131 s 5\n(sch.33-sec.23-ssec.1) An application must be made in the form approved by the authority and accompanied by— the licence number of each nominated licence for the application; and if a nominated licence for the application is a charter fishing licence—a copy of each certificate of operation for an eligible boat authorised for use under the licence; and if the application is for the purchase rebate—evidence the applicant bought each vessel tracking unit for which the rebate is sought in accordance with section 11 ; and if the application is for the installation rebate—evidence the applicant had each vessel tracking unit for which the rebate is sought professionally installed in accordance with section 12 (1) .\n(sch.33-sec.23-ssec.2) An applicant must give the authority any further documents or information the authority reasonably requires to decide the application.\n(sch.33-sec.23-ssec.3) In this section— evidence , in relation to the purchase or professional installation of a vessel tracking unit, includes a tax invoice and official receipt for the purchase or installation. official receipt means a receipt including— the name and address of the entity that issued the receipt; and if the entity has an Australian Business Number—the Australian Business Number; and a description of each item to which the receipt relates.\n- (a) the licence number of each nominated licence for the application; and\n- (b) if a nominated licence for the application is a charter fishing licence—a copy of each certificate of operation for an eligible boat authorised for use under the licence; and\n- (c) if the application is for the purchase rebate—evidence the applicant bought each vessel tracking unit for which the rebate is sought in accordance with section 11 ; and\n- (d) if the application is for the installation rebate—evidence the applicant had each vessel tracking unit for which the rebate is sought professionally installed in accordance with section 12 (1) .\n- (a) the name and address of the entity that issued the receipt; and\n- (b) if the entity has an Australian Business Number—the Australian Business Number; and\n- (c) a description of each item to which the receipt relates.","sortOrder":545},{"sectionNumber":"sch.33-sec.24","sectionType":"section","heading":"Deciding applications","content":"### sch.33-sec.24 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application.\nThe authority may approve an application only if the authority’s assistance funds for applications are sufficient to pay the relevant amount for the application.\nsch 33 s 24 ins 2018 SL No. 131 s 5\n(sch.33-sec.24-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application.\n(sch.33-sec.24-ssec.2) The authority may approve an application only if the authority’s assistance funds for applications are sufficient to pay the relevant amount for the application.","sortOrder":546},{"sectionNumber":"sch.34-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":547},{"sectionNumber":"sch.34-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.34-sec.1 Objective of scheme\n\nThe objective of the scheme is to help large electricity customers to—\nmove from being charged transitional tariffs or obsolete tariffs to being charged standard tariffs for the sale of electricity; and\nimplement best practice electricity management strategies identified in eligible energy efficiency audits; and\nidentify opportunities for energy productivity improvements through the implementation of commercially feasible energy management strategies.\nsch 34 s 1 ins 2018 SL No. 145 s 4\n- (a) move from being charged transitional tariffs or obsolete tariffs to being charged standard tariffs for the sale of electricity; and\n- (b) implement best practice electricity management strategies identified in eligible energy efficiency audits; and\n- (c) identify opportunities for energy productivity improvements through the implementation of commercially feasible energy management strategies.","sortOrder":548},{"sectionNumber":"sch.34-sec.2","sectionType":"section","heading":"Definitions","content":"### sch.34-sec.2 Definitions\n\nIn this schedule—\napplicant means a person applying for financial assistance under the scheme.\neligible energy efficiency audit , for an applicant, means an audit of the energy efficiency of the applicant’s building or business activity that is carried out under a relevant standard.\neligible energy efficiency project , for an applicant, means a project to implement a recommendation in a report for an eligible energy efficiency audit carried out for the applicant.\nlarge electricity customer means a person who is a large customer under the National Energy Retail Law (Queensland) , section 5 (3) (a) .\nobsolete tariff means a notified price under the Electricity Act 1994 , section 90 (1) that is an obsolete tariff.\nrelevant chief executive means the chief executive of the department administering the Electricity Act 1994 .\nrelevant standard means—\nAS/NZS 3598.1:2014 (Energy audits— Part 1 : Commercial buildings), published jointly by Standards Australia and Standards New Zealand; or\nAS/NZS 3598.2:2014 (Energy audits— Part 2 : Industrial and related activities), published jointly by Standards Australia and Standards New Zealand; or\nAS/NZS 3598.3:2014 (Energy audits— Part 3 : Transport related activities), published jointly by Standards Australia and Standards New Zealand.\nscheme means the scheme set out in this schedule.\nstandard tariff means a notified price under the Electricity Act 1994 , section 90 (1) , other than an obsolete tariff or transitional tariff.\ntransitional tariff means a notified price under the Electricity Act 1994 , section 90 (1) that is a transitional tariff.\nsch 34 s 2 ins 2018 SL No. 145 s 4\n- (a) AS/NZS 3598.1:2014 (Energy audits— Part 1 : Commercial buildings), published jointly by Standards Australia and Standards New Zealand; or\n- (b) AS/NZS 3598.2:2014 (Energy audits— Part 2 : Industrial and related activities), published jointly by Standards Australia and Standards New Zealand; or\n- (c) AS/NZS 3598.3:2014 (Energy audits— Part 3 : Transport related activities), published jointly by Standards Australia and Standards New Zealand.","sortOrder":549},{"sectionNumber":"sch.34-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":550},{"sectionNumber":"sch.34-sec.3","sectionType":"section","heading":"Nature of assistance","content":"### sch.34-sec.3 Nature of assistance\n\nThe nature of financial assistance that may be given to an applicant under the scheme is a payment to offset the cost of an eligible energy efficiency project.\nsch 34 s 3 ins 2018 SL No. 145 s 4","sortOrder":551},{"sectionNumber":"sch.34-sec.4","sectionType":"section","heading":"Eligibility criteria","content":"### sch.34-sec.4 Eligibility criteria\n\nAn applicant is eligible for assistance under the scheme if the authority is satisfied that—\nwhen the application is made, the applicant is a large electricity customer; and\na retailer under the Electricity Act 1994 charged the applicant on a transitional tariff or obsolete tariff for the sale of electricity; and\nan eligible energy efficiency audit for the applicant has been carried out and a report for the audit has been prepared; and\nthe eligible energy efficiency project to which the application relates is located in Queensland; and\nthe relevant chief executive approved a proposal made by the applicant to implement the eligible energy efficiency project.\nsch 34 s 4 ins 2018 SL No. 145 s 4\n- (a) when the application is made, the applicant is a large electricity customer; and\n- (b) a retailer under the Electricity Act 1994 charged the applicant on a transitional tariff or obsolete tariff for the sale of electricity; and\n- (c) an eligible energy efficiency audit for the applicant has been carried out and a report for the audit has been prepared; and\n- (d) the eligible energy efficiency project to which the application relates is located in Queensland; and\n- (e) the relevant chief executive approved a proposal made by the applicant to implement the eligible energy efficiency project.","sortOrder":552},{"sectionNumber":"sch.34-sec.5","sectionType":"section","heading":"Amount of assistance","content":"### sch.34-sec.5 Amount of assistance\n\nSubject to subsection (2) , the maximum amount of assistance payable to an applicant under the scheme is 50% of the cost of the eligible energy efficiency project to which the application relates under a proposal mentioned in section 4 (e) .\nIf an eligible energy efficiency audit for the applicant was or is carried out after 30 May 2018, the amount of assistance payable to the applicant must not be more than $250,000.\nsch 34 s 5 ins 2018 SL No. 145 s 4\n(sch.34-sec.5-ssec.1) Subject to subsection (2) , the maximum amount of assistance payable to an applicant under the scheme is 50% of the cost of the eligible energy efficiency project to which the application relates under a proposal mentioned in section 4 (e) .\n(sch.34-sec.5-ssec.2) If an eligible energy efficiency audit for the applicant was or is carried out after 30 May 2018, the amount of assistance payable to the applicant must not be more than $250,000.","sortOrder":553},{"sectionNumber":"sch.34-sec.6","sectionType":"section","heading":"Applications","content":"### sch.34-sec.6 Applications\n\nAn application for assistance under the scheme must—\nbe made by an applicant on the form approved by the authority; and\nbe accompanied by the documents mentioned in the form; and\nif the applicant has an Australian Business Number—state the applicant’s Australian Business Number.\nThe applicant must give the authority any further documents or information the authority reasonably requires to decide the application.\nsch 34 s 6 ins 2018 SL No. 145 s 4\n(sch.34-sec.6-ssec.1) An application for assistance under the scheme must— be made by an applicant on the form approved by the authority; and be accompanied by the documents mentioned in the form; and if the applicant has an Australian Business Number—state the applicant’s Australian Business Number.\n(sch.34-sec.6-ssec.2) The applicant must give the authority any further documents or information the authority reasonably requires to decide the application.\n- (a) be made by an applicant on the form approved by the authority; and\n- (b) be accompanied by the documents mentioned in the form; and\n- (c) if the applicant has an Australian Business Number—state the applicant’s Australian Business Number.","sortOrder":554},{"sectionNumber":"sch.34-sec.7","sectionType":"section","heading":"Deciding applications","content":"### sch.34-sec.7 Deciding applications\n\nThe authority must approve an application if the authority is satisfied—\nthe applicant is eligible for assistance under section 4 ; and\nthe application relates to the applicant’s eligible energy efficiency project.\nThe authority must refuse an application if the authority’s assistance funds for the scheme are not enough to pay for the assistance under the scheme.\nsch 34 s 7 ins 2018 SL No. 145 s 4\n(sch.34-sec.7-ssec.1) The authority must approve an application if the authority is satisfied— the applicant is eligible for assistance under section 4 ; and the application relates to the applicant’s eligible energy efficiency project.\n(sch.34-sec.7-ssec.2) The authority must refuse an application if the authority’s assistance funds for the scheme are not enough to pay for the assistance under the scheme.\n- (a) the applicant is eligible for assistance under section 4 ; and\n- (b) the application relates to the applicant’s eligible energy efficiency project.","sortOrder":555},{"sectionNumber":"sch.34-sec.8","sectionType":"section","heading":"Conditions","content":"### sch.34-sec.8 Conditions\n\nThe payment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3) .\nThe applicant must—\nhave entered into a funding agreement; and\ncomply with the conditions stated in the funding agreement.\nThe applicant must give the authority—\na certificate issued by a contractor stating that all electrical equipment and electrical installations installed for the applicant’s eligible energy efficiency project or part of the project are installed as required under the Electrical Safety Act 2002 , section 36 ; and\ntax invoices and official receipts of amounts the applicant paid under the eligible energy efficiency project for eligible products and any work completed by a contractor; and\nevidence the tariff charged on the sale of electricity under the Electricity Act 1994 is a standard tariff.\nIn this section—\ncontractor means a person who holds an electrical licence under the Electrical Safety Act 2002 and who is appropriately qualified to complete the project or part of the project.\nfunding agreement means an agreement between an applicant and the authority that provides for—\nthe applicant to carry out an eligible energy efficiency project; and\nthe authority to pay the applicant an amount to offset the cost of the eligible energy efficiency project.\nofficial receipt means a receipt of an amount paid by an applicant to an entity that includes—\nthe name and address of the entity that issued the receipt; and\nif the entity has an Australian Business Number—the Australian Business Number; and\na description of each item to which the receipt relates.\nsch 34 s 8 ins 2018 SL No. 145 s 4\n(sch.34-sec.8-ssec.1) The payment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3) .\n(sch.34-sec.8-ssec.2) The applicant must— have entered into a funding agreement; and comply with the conditions stated in the funding agreement.\n(sch.34-sec.8-ssec.3) The applicant must give the authority— a certificate issued by a contractor stating that all electrical equipment and electrical installations installed for the applicant’s eligible energy efficiency project or part of the project are installed as required under the Electrical Safety Act 2002 , section 36 ; and tax invoices and official receipts of amounts the applicant paid under the eligible energy efficiency project for eligible products and any work completed by a contractor; and evidence the tariff charged on the sale of electricity under the Electricity Act 1994 is a standard tariff.\n(sch.34-sec.8-ssec.4) In this section— contractor means a person who holds an electrical licence under the Electrical Safety Act 2002 and who is appropriately qualified to complete the project or part of the project. funding agreement means an agreement between an applicant and the authority that provides for— the applicant to carry out an eligible energy efficiency project; and the authority to pay the applicant an amount to offset the cost of the eligible energy efficiency project. official receipt means a receipt of an amount paid by an applicant to an entity that includes— the name and address of the entity that issued the receipt; and if the entity has an Australian Business Number—the Australian Business Number; and a description of each item to which the receipt relates.\n- (a) have entered into a funding agreement; and\n- (b) comply with the conditions stated in the funding agreement.\n- (a) a certificate issued by a contractor stating that all electrical equipment and electrical installations installed for the applicant’s eligible energy efficiency project or part of the project are installed as required under the Electrical Safety Act 2002 , section 36 ; and\n- (b) tax invoices and official receipts of amounts the applicant paid under the eligible energy efficiency project for eligible products and any work completed by a contractor; and\n- (c) evidence the tariff charged on the sale of electricity under the Electricity Act 1994 is a standard tariff.\n- (a) the applicant to carry out an eligible energy efficiency project; and\n- (b) the authority to pay the applicant an amount to offset the cost of the eligible energy efficiency project.\n- (a) the name and address of the entity that issued the receipt; and\n- (b) if the entity has an Australian Business Number—the Australian Business Number; and\n- (c) a description of each item to which the receipt relates.","sortOrder":556},{"sectionNumber":"sch.35-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":557},{"sectionNumber":"sch.35-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.35-sec.1 Objective of scheme\n\nThe objective of the scheme is to help electricity customers who conduct businesses primarily in an agricultural industry to—\nidentify energy savings; and\nreduce energy consumption; and\nidentify opportunities for energy productivity improvements through the implementation of commercially feasible energy management strategies.\nsch 35 s 1 ins 2018 SL No. 145 s 4\n- (a) identify energy savings; and\n- (b) reduce energy consumption; and\n- (c) identify opportunities for energy productivity improvements through the implementation of commercially feasible energy management strategies.","sortOrder":558},{"sectionNumber":"sch.35-sec.2","sectionType":"section","heading":"Definitions","content":"### sch.35-sec.2 Definitions\n\nIn this schedule—\nagricultural industry means an industry classified under ANZSIC, division A, subdivisions 1 and 2 , groups 011 to 020, within eligible class codes 0111 to 0203.\nANZSIC means the document called ‘Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006 (Revision 1.0)’ published in February 2006 by the Australian Bureau of Statistics.\napplicant means a person applying for financial assistance under the scheme.\napplicant’s proposal means a proposal for an eligible energy efficiency project that is made by an applicant on the form approved by the authority.\ncustomer see the Electricity Act 1994 , section 23 (1) .\nelectricity customer means a person who is a customer of Energex Limited ACN 078 849 055 or Ergon Energy Corporation Limited ACN 087 646 062.\neligible energy efficiency audit , for an applicant, means an audit of the energy efficiency of the applicant’s building or business activity that is carried out under a relevant standard.\neligible energy efficiency project , for an applicant, means a project to implement a recommendation in a report for an eligible energy efficiency audit carried out for the applicant.\nrelevant chief executive means the chief executive of the department administering the Electricity Act 1994 .\nrelevant standard means—\nAS/NZS 3598.1:2014 (Energy audits— Part 1 : Commercial buildings), published jointly by Standards Australia and Standards New Zealand; or\nAS/NZS 3598.2:2014 (Energy audits— Part 2 : Industrial and related activities), published jointly by Standards Australia and Standards New Zealand; or\nAS/NZS 3598.3:2014 (Energy audits— Part 3 : Transport related activities), published jointly by Standards Australia and Standards New Zealand.\nscheme means the scheme set out in this schedule.\nsch 35 s 2 ins 2018 SL No. 145 s 4\n- (a) AS/NZS 3598.1:2014 (Energy audits— Part 1 : Commercial buildings), published jointly by Standards Australia and Standards New Zealand; or\n- (b) AS/NZS 3598.2:2014 (Energy audits— Part 2 : Industrial and related activities), published jointly by Standards Australia and Standards New Zealand; or\n- (c) AS/NZS 3598.3:2014 (Energy audits— Part 3 : Transport related activities), published jointly by Standards Australia and Standards New Zealand.","sortOrder":559},{"sectionNumber":"sch.35-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":560},{"sectionNumber":"sch.35-sec.3","sectionType":"section","heading":"Nature of assistance","content":"### sch.35-sec.3 Nature of assistance\n\nThe nature of financial assistance that may be given to an applicant under the scheme is a payment to offset the cost of an eligible energy efficiency project.\nsch 35 s 3 ins 2018 SL No. 145 s 4","sortOrder":561},{"sectionNumber":"sch.35-sec.4","sectionType":"section","heading":"Eligibility criteria","content":"### sch.35-sec.4 Eligibility criteria\n\nAn applicant is eligible for assistance under the scheme if the authority is satisfied that—\nthe applicant is an electricity customer who conducts a business primarily in an agricultural industry; and\nthe relevant chief executive approved a request by the applicant for an eligible energy efficiency audit for the applicant to be carried out; and\nthe eligible energy efficiency audit has been carried out and a report for the audit has been prepared; and\nthe eligible energy efficiency project to which the application relates is located in Queensland; and\nthe authority approved the applicant’s proposal to carry out the eligible energy efficiency project; and\nthe authority gave the applicant written notice of the approval.\nsch 35 s 4 ins 2018 SL No. 145 s 4\n- (a) the applicant is an electricity customer who conducts a business primarily in an agricultural industry; and\n- (b) the relevant chief executive approved a request by the applicant for an eligible energy efficiency audit for the applicant to be carried out; and\n- (c) the eligible energy efficiency audit has been carried out and a report for the audit has been prepared; and\n- (d) the eligible energy efficiency project to which the application relates is located in Queensland; and\n- (e) the authority approved the applicant’s proposal to carry out the eligible energy efficiency project; and\n- (f) the authority gave the applicant written notice of the approval.","sortOrder":562},{"sectionNumber":"sch.35-sec.5","sectionType":"section","heading":"Amount of assistance","content":"### sch.35-sec.5 Amount of assistance\n\nThe maximum amount of assistance payable to an applicant under the scheme is the lesser of the following—\n50% of the cost of implementing the eligible energy efficiency project to which the application relates;\n$20,000.\nsch 35 s 5 ins 2018 SL No. 145 s 4\n- (a) 50% of the cost of implementing the eligible energy efficiency project to which the application relates;\n- (b) $20,000.","sortOrder":563},{"sectionNumber":"sch.35-sec.6","sectionType":"section","heading":"Applications","content":"### sch.35-sec.6 Applications\n\nAn application for assistance under the scheme must—\nbe made by an applicant on the form approved by the authority; and\nbe accompanied by the documents mentioned in the form; and\nif the applicant has an Australian Business Number—state the applicant’s Australian Business Number.\nThe applicant must give the authority any further documents or information the authority reasonably requires to decide the application.\nsch 35 s 6 ins 2018 SL No. 145 s 4\n(sch.35-sec.6-ssec.1) An application for assistance under the scheme must— be made by an applicant on the form approved by the authority; and be accompanied by the documents mentioned in the form; and if the applicant has an Australian Business Number—state the applicant’s Australian Business Number.\n(sch.35-sec.6-ssec.2) The applicant must give the authority any further documents or information the authority reasonably requires to decide the application.\n- (a) be made by an applicant on the form approved by the authority; and\n- (b) be accompanied by the documents mentioned in the form; and\n- (c) if the applicant has an Australian Business Number—state the applicant’s Australian Business Number.","sortOrder":564},{"sectionNumber":"sch.35-sec.7","sectionType":"section","heading":"Deciding applications","content":"### sch.35-sec.7 Deciding applications\n\nThe authority must approve an application if the authority is satisfied—\nthe applicant is eligible for assistance under section 4 ; and\nthe application relates to the applicant’s eligible energy efficiency project.\nThe authority must refuse an application if the authority’s assistance funds for the scheme are not enough to pay for the assistance under the scheme.\nsch 35 s 7 ins 2018 SL No. 145 s 4\n(sch.35-sec.7-ssec.1) The authority must approve an application if the authority is satisfied— the applicant is eligible for assistance under section 4 ; and the application relates to the applicant’s eligible energy efficiency project.\n(sch.35-sec.7-ssec.2) The authority must refuse an application if the authority’s assistance funds for the scheme are not enough to pay for the assistance under the scheme.\n- (a) the applicant is eligible for assistance under section 4 ; and\n- (b) the application relates to the applicant’s eligible energy efficiency project.","sortOrder":565},{"sectionNumber":"sch.35-sec.8","sectionType":"section","heading":"Conditions","content":"### sch.35-sec.8 Conditions\n\nThe payment of assistance under the scheme is subject to the conditions stated in subsection (2) .\nThe applicant must give the authority—\na certificate issued by a contractor stating that all electrical equipment and electrical installations installed for the applicant’s eligible energy efficiency project or part of the project are installed as required under the Electrical Safety Act 2002 , section 36 ; and\ntax invoices and official receipts of amounts the applicant paid under the eligible energy efficiency project for eligible products and any work completed by a contractor.\nIn this section—\ncontractor means a person who holds an electrical licence under the Electrical Safety Act 2002 and who is appropriately qualified to complete the project or part of the project.\nofficial receipt means a receipt of an amount paid by an applicant to an entity that includes—\nthe name and address of the entity that issued the receipt; and\nif the entity has an Australian Business Number—the Australian Business Number; and\na description of each item to which the receipt relates.\nsch 35 s 8 ins 2018 SL No. 145 s 4\n(sch.35-sec.8-ssec.1) The payment of assistance under the scheme is subject to the conditions stated in subsection (2) .\n(sch.35-sec.8-ssec.2) The applicant must give the authority— a certificate issued by a contractor stating that all electrical equipment and electrical installations installed for the applicant’s eligible energy efficiency project or part of the project are installed as required under the Electrical Safety Act 2002 , section 36 ; and tax invoices and official receipts of amounts the applicant paid under the eligible energy efficiency project for eligible products and any work completed by a contractor.\n(sch.35-sec.8-ssec.3) In this section— contractor means a person who holds an electrical licence under the Electrical Safety Act 2002 and who is appropriately qualified to complete the project or part of the project. official receipt means a receipt of an amount paid by an applicant to an entity that includes— the name and address of the entity that issued the receipt; and if the entity has an Australian Business Number—the Australian Business Number; and a description of each item to which the receipt relates.\n- (a) a certificate issued by a contractor stating that all electrical equipment and electrical installations installed for the applicant’s eligible energy efficiency project or part of the project are installed as required under the Electrical Safety Act 2002 , section 36 ; and\n- (b) tax invoices and official receipts of amounts the applicant paid under the eligible energy efficiency project for eligible products and any work completed by a contractor.\n- (a) the name and address of the entity that issued the receipt; and\n- (b) if the entity has an Australian Business Number—the Australian Business Number; and\n- (c) a description of each item to which the receipt relates.","sortOrder":566},{"sectionNumber":"sch.36-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":567},{"sectionNumber":"sch.36-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.36-sec.1 Objective of scheme\n\nThe objective of the scheme is to help particular regional businesses in the tourism industry to meet recovering customer demand.\nsch 36 s 1 ins 2021 SL No. 86 s 6","sortOrder":568},{"sectionNumber":"sch.36-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.36-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to attract job seekers to offers of continuous periods of eligible employment by—\npaying up to 3 incentive instalments to eligible job seekers; and\npaying a travel bonus to job seekers who—\nare eligible for the first incentive instalment under the scheme in relation to a continuous period of type 1 eligible employment; and\nrelocate, by at least 100km from their principal place of residence, to engage in the type 1 eligible employment.\nsch 36 s 2 ins 2021 SL No. 86 s 6\namd 2021 SL No. 175 s 4\n- (a) paying up to 3 incentive instalments to eligible job seekers; and\n- (b) paying a travel bonus to job seekers who— (i) are eligible for the first incentive instalment under the scheme in relation to a continuous period of type 1 eligible employment; and (ii) relocate, by at least 100km from their principal place of residence, to engage in the type 1 eligible employment.\n- (i) are eligible for the first incentive instalment under the scheme in relation to a continuous period of type 1 eligible employment; and\n- (ii) relocate, by at least 100km from their principal place of residence, to engage in the type 1 eligible employment.\n- (i) are eligible for the first incentive instalment under the scheme in relation to a continuous period of type 1 eligible employment; and\n- (ii) relocate, by at least 100km from their principal place of residence, to engage in the type 1 eligible employment.","sortOrder":569},{"sectionNumber":"sch.36-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.36-sec.3 Definitions for schedule\n\nIn this schedule—\nANZSIC means the document called ‘Australian and New Zealand Standard Industrial Classification (ANZSIC)’ published by the Australian Bureau of Statistics.\nANZSIC is available on the Australian Bureau of Statistics’ website.\napplicant means a person applying for financial assistance under the scheme.\ncontinuous means without interruption, other than—\nan interruption of up to 6 months because of—\nillness or injury; or\na seasonal or environmental event; or\ncyclone, flood\na workplace closure in compliance with a COVID-19 direction; or\na reduction of the hours of employment available at a workplace, if the reduction is a result of compliance with a COVID-19 direction; or\nanother interruption of up to 2 weeks.\nsch 36 s 3 def continuous amd 2021 SL No. 175 s 5 (3)\nCOVID-19 direction means a public health direction under the Public Health Act 2005 , section 362B .\nsch 36 s 3 def COVID-19 direction ins 2021 SL No. 175 s 5 (2)\ndirect selling means selling a thing from a location other than retail premises.\neligible business means a business—\nfor which an entity holds an Australian Business Number; and\nthat is registered for GST; and\nthat operates primarily for the tourist market; and\nwhose primary activity is—\nan activity listed in ANZSIC under class code 2394, 4400, 4511, 4513, 4520, 4530, 4623, 4820, 5010, 5220, 6611, 6619, 7220, 7299, 8910, 8921, 8922, 9001, 9003, 9131, 9139 or 9201; or\nart gallery operation; or\nduty free store operation; or\nsouvenirs retailing, other than by direct selling; or\ntravel goods retailing, other than by direct selling.\nsch 36 s 3 def eligible business amd 2021 SL No. 175 s 5 (4)\neligible employment ...\nsch 36 s 3 def eligible employment om 2021 SL No. 175 s 5 (1)\nfirst instalment see section 5 (1) (a) .\nincentive instalment see section 4 (1) (a) .\nscheme means the scheme set out in this schedule.\nsecond instalment see section 5 (1) (b) and (3) .\nsch 36 s 3 def second instalment sub 2021 SL No. 175 s 5 (1) – (2)\nthird instalment see section 5 (1) (c) and (4) .\nsch 36 s 3 def third instalment sub 2021 SL No. 175 s 5 (1) – (2)\ntravel bonus see section 4 (1) (b) .\ntype 1 eligible employment means employment that is—\nwith 1 eligible business for at least 20 hours per week; and\nin a local government area other than the City of Brisbane, Bundaberg, Central Highlands, Fraser Coast, Gladstone, Gold Coast, Gympie, Ipswich, Livingstone, Lockyer Valley, Logan, Moreton Bay, Noosa, North Burnett, Redland, Rockhampton, Scenic Rim, Somerset, Sunshine Coast or Toowoomba local government area.\nsch 36 s 3 def type 1 eligible employment ins 2021 SL No. 175 s 5 (2)\ntype 2 eligible employment means employment, other than type 1 eligible employment, that is—\nwith up to 2 eligible businesses for a total of at least 20 hours per week; and\nin a local government area other than the City of Brisbane, Gold Coast, Gympie, Ipswich, Lockyer Valley, Logan, Moreton Bay, Noosa, Redland, Scenic Rim, Somerset or Sunshine Coast local government area.\nsch 36 s 3 def type 2 eligible employment ins 2021 SL No. 175 s 5 (2)\nsch 36 s 3 ins 2021 SL No. 86 s 6\n- (a) an interruption of up to 6 months because of— (i) illness or injury; or (ii) a seasonal or environmental event; or Examples— cyclone, flood (iii) a workplace closure in compliance with a COVID-19 direction; or (iv) a reduction of the hours of employment available at a workplace, if the reduction is a result of compliance with a COVID-19 direction; or\n- (i) illness or injury; or\n- (ii) a seasonal or environmental event; or Examples— cyclone, flood\n- (iii) a workplace closure in compliance with a COVID-19 direction; or\n- (iv) a reduction of the hours of employment available at a workplace, if the reduction is a result of compliance with a COVID-19 direction; or\n- (b) another interruption of up to 2 weeks.\n- (i) illness or injury; or\n- (ii) a seasonal or environmental event; or Examples— cyclone, flood\n- (iii) a workplace closure in compliance with a COVID-19 direction; or\n- (iv) a reduction of the hours of employment available at a workplace, if the reduction is a result of compliance with a COVID-19 direction; or\n- (a) for which an entity holds an Australian Business Number; and\n- (b) that is registered for GST; and\n- (c) that operates primarily for the tourist market; and\n- (d) whose primary activity is— (i) an activity listed in ANZSIC under class code 2394, 4400, 4511, 4513, 4520, 4530, 4623, 4820, 5010, 5220, 6611, 6619, 7220, 7299, 8910, 8921, 8922, 9001, 9003, 9131, 9139 or 9201; or (ii) art gallery operation; or (iii) duty free store operation; or (iv) souvenirs retailing, other than by direct selling; or (v) travel goods retailing, other than by direct selling.\n- (i) an activity listed in ANZSIC under class code 2394, 4400, 4511, 4513, 4520, 4530, 4623, 4820, 5010, 5220, 6611, 6619, 7220, 7299, 8910, 8921, 8922, 9001, 9003, 9131, 9139 or 9201; or\n- (ii) art gallery operation; or\n- (iii) duty free store operation; or\n- (iv) souvenirs retailing, other than by direct selling; or\n- (v) travel goods retailing, other than by direct selling.\n- (i) an activity listed in ANZSIC under class code 2394, 4400, 4511, 4513, 4520, 4530, 4623, 4820, 5010, 5220, 6611, 6619, 7220, 7299, 8910, 8921, 8922, 9001, 9003, 9131, 9139 or 9201; or\n- (ii) art gallery operation; or\n- (iii) duty free store operation; or\n- (iv) souvenirs retailing, other than by direct selling; or\n- (v) travel goods retailing, other than by direct selling.\n- (a) with 1 eligible business for at least 20 hours per week; and\n- (b) in a local government area other than the City of Brisbane, Bundaberg, Central Highlands, Fraser Coast, Gladstone, Gold Coast, Gympie, Ipswich, Livingstone, Lockyer Valley, Logan, Moreton Bay, Noosa, North Burnett, Redland, Rockhampton, Scenic Rim, Somerset, Sunshine Coast or Toowoomba local government area.\n- (a) with up to 2 eligible businesses for a total of at least 20 hours per week; and\n- (b) in a local government area other than the City of Brisbane, Gold Coast, Gympie, Ipswich, Lockyer Valley, Logan, Moreton Bay, Noosa, Redland, Scenic Rim, Somerset or Sunshine Coast local government area.","sortOrder":570},{"sectionNumber":"sch.36-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":571},{"sectionNumber":"sch.36-sec.4","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.36-sec.4 Nature and amount of assistance\n\nThe nature of assistance available to an applicant under the scheme is—\npayment of up to 3 instalments (each an incentive instalment ) as an incentive to complete 3 continuous periods of employment consisting of type 1 eligible employment, or type 1 eligible employment and type 2 eligible employment, starting after 20 May 2021; and\nfor an applicant who, after 20 May 2021, relocates by a distance of at least 100km from the applicant’s principal place of residence to complete at least 2 continuous weeks of type 1 eligible employment—payment of an amount (the travel bonus ) as an incentive for the relocation.\nThe amount of each incentive instalment payable under the scheme is $500.\nThe amount of the travel bonus payable under the scheme is $250.\nsch 36 s 4 ins 2021 SL No. 86 s 6\namd 2021 SL No. 175 s 6\n(sch.36-sec.4-ssec.1) The nature of assistance available to an applicant under the scheme is— payment of up to 3 instalments (each an incentive instalment ) as an incentive to complete 3 continuous periods of employment consisting of type 1 eligible employment, or type 1 eligible employment and type 2 eligible employment, starting after 20 May 2021; and for an applicant who, after 20 May 2021, relocates by a distance of at least 100km from the applicant’s principal place of residence to complete at least 2 continuous weeks of type 1 eligible employment—payment of an amount (the travel bonus ) as an incentive for the relocation.\n(sch.36-sec.4-ssec.2) The amount of each incentive instalment payable under the scheme is $500.\n(sch.36-sec.4-ssec.3) The amount of the travel bonus payable under the scheme is $250.\n- (a) payment of up to 3 instalments (each an incentive instalment ) as an incentive to complete 3 continuous periods of employment consisting of type 1 eligible employment, or type 1 eligible employment and type 2 eligible employment, starting after 20 May 2021; and\n- (b) for an applicant who, after 20 May 2021, relocates by a distance of at least 100km from the applicant’s principal place of residence to complete at least 2 continuous weeks of type 1 eligible employment—payment of an amount (the travel bonus ) as an incentive for the relocation.","sortOrder":572},{"sectionNumber":"sch.36-sec.5","sectionType":"section","heading":"Payment of assistance","content":"### sch.36-sec.5 Payment of assistance\n\nThe incentive instalments are payable to an applicant under the scheme as follows—\nan instalment (the first instalment ) on the authority approving the application under section 9 ;\nan instalment (the second instalment ) on the authority being satisfied the applicant has completed at least 12 continuous weeks of type 1 eligible employment;\nan instalment (the third instalment ) on the authority being satisfied the applicant has completed at least 24 continuous weeks of type 1 eligible employment.\nHowever, subsections (3) and (4) apply in relation to an applicant if—\nthe applicant has received the first instalment; and\nthe authority is satisfied the applicant is no longer engaged in the type 1 eligible employment in relation to which the applicant received the first instalment because—\na COVID-19 direction has affected the eligible business that engaged the applicant in the employment; and\nthe eligible business has, as a result of compliance with the COVID-19 direction, stopped the employment.\nAn instalment (also a second instalment ) is payable on the authority being satisfied the applicant has completed at least 12 continuous weeks of employment, consisting of a combination of type 1 eligible employment and type 2 eligible employment, of which at least the first 2 weeks are type 1 eligible employment.\nAn instalment (also a third instalment ) is payable on the authority being satisfied the applicant has completed at least 24 continuous weeks of employment, consisting of a combination of type 1 eligible employment and type 2 eligible employment, of which at least the first 2 weeks are type 1 eligible employment.\nAn incentive instalment is not payable to an applicant in relation to a continuous period of employment completed after 31 March 2023.\nThe travel bonus is payable to an applicant under the scheme on the authority approving the application under section 9 .\nsch 36 s 5 ins 2021 SL No. 86 s 6\namd 2021 SL No. 175 s 7\n(sch.36-sec.5-ssec.1) The incentive instalments are payable to an applicant under the scheme as follows— an instalment (the first instalment ) on the authority approving the application under section 9 ; an instalment (the second instalment ) on the authority being satisfied the applicant has completed at least 12 continuous weeks of type 1 eligible employment; an instalment (the third instalment ) on the authority being satisfied the applicant has completed at least 24 continuous weeks of type 1 eligible employment.\n(sch.36-sec.5-ssec.2) However, subsections (3) and (4) apply in relation to an applicant if— the applicant has received the first instalment; and the authority is satisfied the applicant is no longer engaged in the type 1 eligible employment in relation to which the applicant received the first instalment because— a COVID-19 direction has affected the eligible business that engaged the applicant in the employment; and the eligible business has, as a result of compliance with the COVID-19 direction, stopped the employment.\n(sch.36-sec.5-ssec.3) An instalment (also a second instalment ) is payable on the authority being satisfied the applicant has completed at least 12 continuous weeks of employment, consisting of a combination of type 1 eligible employment and type 2 eligible employment, of which at least the first 2 weeks are type 1 eligible employment.\n(sch.36-sec.5-ssec.4) An instalment (also a third instalment ) is payable on the authority being satisfied the applicant has completed at least 24 continuous weeks of employment, consisting of a combination of type 1 eligible employment and type 2 eligible employment, of which at least the first 2 weeks are type 1 eligible employment.\n(sch.36-sec.5-ssec.5) An incentive instalment is not payable to an applicant in relation to a continuous period of employment completed after 31 March 2023.\n(sch.36-sec.5-ssec.6) The travel bonus is payable to an applicant under the scheme on the authority approving the application under section 9 .\n- (a) an instalment (the first instalment ) on the authority approving the application under section 9 ;\n- (b) an instalment (the second instalment ) on the authority being satisfied the applicant has completed at least 12 continuous weeks of type 1 eligible employment;\n- (c) an instalment (the third instalment ) on the authority being satisfied the applicant has completed at least 24 continuous weeks of type 1 eligible employment.\n- (a) the applicant has received the first instalment; and\n- (b) the authority is satisfied the applicant is no longer engaged in the type 1 eligible employment in relation to which the applicant received the first instalment because— (i) a COVID-19 direction has affected the eligible business that engaged the applicant in the employment; and (ii) the eligible business has, as a result of compliance with the COVID-19 direction, stopped the employment.\n- (i) a COVID-19 direction has affected the eligible business that engaged the applicant in the employment; and\n- (ii) the eligible business has, as a result of compliance with the COVID-19 direction, stopped the employment.\n- (i) a COVID-19 direction has affected the eligible business that engaged the applicant in the employment; and\n- (ii) the eligible business has, as a result of compliance with the COVID-19 direction, stopped the employment.","sortOrder":573},{"sectionNumber":"sch.36-sec.6","sectionType":"section","heading":"Nature of applications","content":"### sch.36-sec.6 Nature of applications\n\nAn application must be made—\nin relation to a period of type 1 eligible employment offered to the applicant, starting after 20 May 2021—\nof at least 8 continuous weeks; and\nof which the applicant has completed at least 2 continuous weeks; and\nfor either or both of the following in connection with the type 1 eligible employment—\nincentive instalments;\nthe travel bonus.\nRequirements for applications are stated in section 8 .\nsch 36 s 6 ins 2021 SL No. 86 s 6\namd 2021 SL No. 175 s 8\n- (a) in relation to a period of type 1 eligible employment offered to the applicant, starting after 20 May 2021— (i) of at least 8 continuous weeks; and (ii) of which the applicant has completed at least 2 continuous weeks; and\n- (i) of at least 8 continuous weeks; and\n- (ii) of which the applicant has completed at least 2 continuous weeks; and\n- (b) for either or both of the following in connection with the type 1 eligible employment— (i) incentive instalments; (ii) the travel bonus.\n- (i) incentive instalments;\n- (ii) the travel bonus.\n- (i) of at least 8 continuous weeks; and\n- (ii) of which the applicant has completed at least 2 continuous weeks; and\n- (i) incentive instalments;\n- (ii) the travel bonus.","sortOrder":574},{"sectionNumber":"sch.36-sec.7","sectionType":"section","heading":"Eligibility criteria","content":"### sch.36-sec.7 Eligibility criteria\n\nAn applicant is eligible to receive assistance under the scheme if—\nthe applicant has not previously received assistance under the scheme; and\nthe authority is satisfied the applicant—\nis either—\nan Australian citizen or permanent resident; or\nentitled, under a visa granted under the Migration Act 1958 (Cwlth) , to work in Australia; and\nis at least 18 years of age; and\nhas been offered at least 8 continuous weeks of type 1 eligible employment, starting after 20 May 2021.\nHowever, an applicant is only eligible to receive—\nthe first instalment on the authority being satisfied the applicant has completed at least 2 continuous weeks of the type 1 eligible employment mentioned in subsection (1) (b) (iii) ; and\nthe second instalment on the authority being satisfied as mentioned in section 5 (1) (b) or (3) ; and\nthe third instalment on the authority being satisfied as mentioned in section 5 (1) (c) or (4) .\nAlso, an applicant is eligible to receive the travel bonus only if the authority is satisfied—\nthe applicant has relocated, by a distance of at least 100km from the applicant’s principal place of residence, to engage in the type 1 eligible employment; and\nthe relocation happened after 20 May 2021.\nIn this section—\npermanent resident means the holder of a permanent visa under the Migration Act 1958 (Cwlth) , section 30 (1) .\nsch 36 s 7 ins 2021 SL No. 86 s 6\namd 2021 SL No. 175 s 9\n(sch.36-sec.7-ssec.1) An applicant is eligible to receive assistance under the scheme if— the applicant has not previously received assistance under the scheme; and the authority is satisfied the applicant— is either— an Australian citizen or permanent resident; or entitled, under a visa granted under the Migration Act 1958 (Cwlth) , to work in Australia; and is at least 18 years of age; and has been offered at least 8 continuous weeks of type 1 eligible employment, starting after 20 May 2021.\n(sch.36-sec.7-ssec.2) However, an applicant is only eligible to receive— the first instalment on the authority being satisfied the applicant has completed at least 2 continuous weeks of the type 1 eligible employment mentioned in subsection (1) (b) (iii) ; and the second instalment on the authority being satisfied as mentioned in section 5 (1) (b) or (3) ; and the third instalment on the authority being satisfied as mentioned in section 5 (1) (c) or (4) .\n(sch.36-sec.7-ssec.3) Also, an applicant is eligible to receive the travel bonus only if the authority is satisfied— the applicant has relocated, by a distance of at least 100km from the applicant’s principal place of residence, to engage in the type 1 eligible employment; and the relocation happened after 20 May 2021.\n(sch.36-sec.7-ssec.4) In this section— permanent resident means the holder of a permanent visa under the Migration Act 1958 (Cwlth) , section 30 (1) .\n- (a) the applicant has not previously received assistance under the scheme; and\n- (b) the authority is satisfied the applicant— (i) is either— (A) an Australian citizen or permanent resident; or (B) entitled, under a visa granted under the Migration Act 1958 (Cwlth) , to work in Australia; and (ii) is at least 18 years of age; and (iii) has been offered at least 8 continuous weeks of type 1 eligible employment, starting after 20 May 2021.\n- (i) is either— (A) an Australian citizen or permanent resident; or (B) entitled, under a visa granted under the Migration Act 1958 (Cwlth) , to work in Australia; and\n- (A) an Australian citizen or permanent resident; or\n- (B) entitled, under a visa granted under the Migration Act 1958 (Cwlth) , to work in Australia; and\n- (ii) is at least 18 years of age; and\n- (iii) has been offered at least 8 continuous weeks of type 1 eligible employment, starting after 20 May 2021.\n- (i) is either— (A) an Australian citizen or permanent resident; or (B) entitled, under a visa granted under the Migration Act 1958 (Cwlth) , to work in Australia; and\n- (A) an Australian citizen or permanent resident; or\n- (B) entitled, under a visa granted under the Migration Act 1958 (Cwlth) , to work in Australia; and\n- (ii) is at least 18 years of age; and\n- (iii) has been offered at least 8 continuous weeks of type 1 eligible employment, starting after 20 May 2021.\n- (A) an Australian citizen or permanent resident; or\n- (B) entitled, under a visa granted under the Migration Act 1958 (Cwlth) , to work in Australia; and\n- (a) the first instalment on the authority being satisfied the applicant has completed at least 2 continuous weeks of the type 1 eligible employment mentioned in subsection (1) (b) (iii) ; and\n- (b) the second instalment on the authority being satisfied as mentioned in section 5 (1) (b) or (3) ; and\n- (c) the third instalment on the authority being satisfied as mentioned in section 5 (1) (c) or (4) .\n- (a) the applicant has relocated, by a distance of at least 100km from the applicant’s principal place of residence, to engage in the type 1 eligible employment; and\n- (b) the relocation happened after 20 May 2021.","sortOrder":575},{"sectionNumber":"sch.36-sec.8","sectionType":"section","heading":"Applications","content":"### sch.36-sec.8 Applications\n\nAn application for assistance under the scheme must—\nbe made to the authority on the authority’s application form; and\nbe accompanied by the documents stated in the form; and\nbe received by the authority no later than 5:30p.m. on 30 June 2022.\nIf the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\nsch 36 s 8 ins 2021 SL No. 86 s 6\namd 2021 SL No. 175 s 10\n(sch.36-sec.8-ssec.1) An application for assistance under the scheme must— be made to the authority on the authority’s application form; and be accompanied by the documents stated in the form; and be received by the authority no later than 5:30p.m. on 30 June 2022.\n(sch.36-sec.8-ssec.2) If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\n- (a) be made to the authority on the authority’s application form; and\n- (b) be accompanied by the documents stated in the form; and\n- (c) be received by the authority no later than 5:30p.m. on 30 June 2022.","sortOrder":576},{"sectionNumber":"sch.36-sec.9","sectionType":"section","heading":"Deciding applications","content":"### sch.36-sec.9 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 8 (1) .\nThe authority must consider applications in the order they are received by the authority.\nThe authority must approve an application if the authority is satisfied the applicant is eligible for assistance under section 7 .\nThe authority must refuse an application for assistance to the extent the authority’s assistance funds for the scheme are not enough to pay for the assistance.\nIf the authority refuses to approve the application, the authority must give the applicant written notice of the decision.\nsch 36 s 9 ins 2021 SL No. 86 s 6\n(sch.36-sec.9-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 8 (1) .\n(sch.36-sec.9-ssec.2) The authority must consider applications in the order they are received by the authority.\n(sch.36-sec.9-ssec.3) The authority must approve an application if the authority is satisfied the applicant is eligible for assistance under section 7 .\n(sch.36-sec.9-ssec.4) The authority must refuse an application for assistance to the extent the authority’s assistance funds for the scheme are not enough to pay for the assistance.\n(sch.36-sec.9-ssec.5) If the authority refuses to approve the application, the authority must give the applicant written notice of the decision.","sortOrder":577},{"sectionNumber":"sch.37-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":578},{"sectionNumber":"sch.37-sec.1","sectionType":"section","heading":"Objectives of scheme","content":"### sch.37-sec.1 Objectives of scheme\n\nThe objectives of the scheme are—\nto provide assistance to small and medium-sized businesses and non-profit organisations, and large tourism and hospitality businesses and non-profit organisations, that—\nhave been affected by a lock down event; or\nwere trading in the border area on 31 July 2021 and have been affected by a border closure event; and\nif border closure events have been in effect throughout the ongoing hardship eligibility period—to provide additional assistance to businesses and non-profit organisations for which an applicant has received, or is eligible to receive, an initial grant and that—\nwere trading in the border area on both 31 July 2021 and 14 October 2021; and\nhave been affected by the border closure events throughout the ongoing hardship eligibility period.\nsch 37 s 1 ins 2021 SL No. 109 s 4\nsub 2021 SL No. 146 s 3 ; 2021 SL No. 152 s 4\n- (a) to provide assistance to small and medium-sized businesses and non-profit organisations, and large tourism and hospitality businesses and non-profit organisations, that— (i) have been affected by a lock down event; or (ii) were trading in the border area on 31 July 2021 and have been affected by a border closure event; and\n- (i) have been affected by a lock down event; or\n- (ii) were trading in the border area on 31 July 2021 and have been affected by a border closure event; and\n- (b) if border closure events have been in effect throughout the ongoing hardship eligibility period—to provide additional assistance to businesses and non-profit organisations for which an applicant has received, or is eligible to receive, an initial grant and that— (i) were trading in the border area on both 31 July 2021 and 14 October 2021; and (ii) have been affected by the border closure events throughout the ongoing hardship eligibility period.\n- (i) were trading in the border area on both 31 July 2021 and 14 October 2021; and\n- (ii) have been affected by the border closure events throughout the ongoing hardship eligibility period.\n- (i) have been affected by a lock down event; or\n- (ii) were trading in the border area on 31 July 2021 and have been affected by a border closure event; and\n- (i) were trading in the border area on both 31 July 2021 and 14 October 2021; and\n- (ii) have been affected by the border closure events throughout the ongoing hardship eligibility period.","sortOrder":579},{"sectionNumber":"sch.37-sec.2","sectionType":"section","heading":"Purposes of assistance","content":"### sch.37-sec.2 Purposes of assistance\n\nThe purposes of assistance under the scheme are—\nto provide relief and support—\nfor eligible entities in relation to a lock down event; and\nfor eligible entities that were trading in the border area on 31 July 2021 and have been affected by a border closure event; and\nif border closure events have been in effect throughout the ongoing hardship eligibility period—to provide additional relief and support for eligible entities for which an applicant has received, or is eligible to receive, an initial grant and that—\nwere trading in the border area on both 31 July 2021 and 14 October 2021; and\nhave been affected by the border closure events throughout the ongoing hardship eligibility period.\nHowever, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered as a result of a lock down event or border closure event.\nsch 37 s 2 ins 2021 SL No. 109 s 4\namd 2021 SL No. 146 s 4 ; 2021 SL No. 152 s 5\n(sch.37-sec.2-ssec.1) The purposes of assistance under the scheme are— to provide relief and support— for eligible entities in relation to a lock down event; and for eligible entities that were trading in the border area on 31 July 2021 and have been affected by a border closure event; and if border closure events have been in effect throughout the ongoing hardship eligibility period—to provide additional relief and support for eligible entities for which an applicant has received, or is eligible to receive, an initial grant and that— were trading in the border area on both 31 July 2021 and 14 October 2021; and have been affected by the border closure events throughout the ongoing hardship eligibility period.\n(sch.37-sec.2-ssec.2) However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered as a result of a lock down event or border closure event.\n- (a) to provide relief and support— (i) for eligible entities in relation to a lock down event; and (ii) for eligible entities that were trading in the border area on 31 July 2021 and have been affected by a border closure event; and\n- (i) for eligible entities in relation to a lock down event; and\n- (ii) for eligible entities that were trading in the border area on 31 July 2021 and have been affected by a border closure event; and\n- (b) if border closure events have been in effect throughout the ongoing hardship eligibility period—to provide additional relief and support for eligible entities for which an applicant has received, or is eligible to receive, an initial grant and that— (i) were trading in the border area on both 31 July 2021 and 14 October 2021; and (ii) have been affected by the border closure events throughout the ongoing hardship eligibility period.\n- (i) were trading in the border area on both 31 July 2021 and 14 October 2021; and\n- (ii) have been affected by the border closure events throughout the ongoing hardship eligibility period.\n- (i) for eligible entities in relation to a lock down event; and\n- (ii) for eligible entities that were trading in the border area on 31 July 2021 and have been affected by a border closure event; and\n- (i) were trading in the border area on both 31 July 2021 and 14 October 2021; and\n- (ii) have been affected by the border closure events throughout the ongoing hardship eligibility period.","sortOrder":580},{"sectionNumber":"sch.37-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.37-sec.3 Definitions for schedule\n\nIn this schedule—\nANZSIC means the document called ‘Australian and New Zealand Standard Industrial Classification (ANZSIC)’ published by the Australian Bureau of Statistics.\nANZSIC is available on the Australian Bureau of Statistics’ website.\napplicant means an entity applying for financial assistance under the scheme.\nborder area means the area shown on a map, held by the department in which the Jobs Queensland Act 2015 is administered, called ‘COVID-19 business support grants—border areas mapping’ dated 13 September 2021.\nThe maps are available on the authority’s website.\nsch 37 s 3 def border area ins 2021 SL No. 146 s 5 (1)\nborder closure event means the imposition of restrictions under a COVID-19 border restrictions direction.\nsch 37 s 3 def border closure event ins 2021 SL No. 146 s 5 (1)\nCOVID-19 border restrictions direction means—\nthe revoked public health direction called ‘Border Restrictions Direction (No. 35)’ made on 14 August 2021; or\nthe revoked public health direction called ‘Border Restrictions Direction (No. 36)’ made on 18 August 2021; or\nthe revoked public health direction called ‘Border Restrictions Direction (No. 37)’ made on 21 August 2021; or\nthe revoked public health direction called ‘Border Restrictions Direction (No. 38)’ made on 24 August 2021; or\nthe revoked public health direction called ‘Border Restrictions Direction (No. 39)’ made on 25 August 2021; or\nthe revoked public health direction called ‘Border Restrictions Direction (No. 40)’ made on 4 September 2021; or\nthe public health direction called ‘Border Restrictions Direction (No. 41)’ made on 13 September 2021; or\nanother public health direction that—\nrestricts the reasons for which a person may enter Queensland from an area within a postcode listed in schedule 3 of the revoked public health direction mentioned in paragraph (a) ; and\napplies while all of the postcodes mentioned in subparagraph (i) are identified in a public health direction as a COVID-19 hotspot.\nsch 37 s 3 def COVID-19 border restrictions direction ins 2021 SL No. 146 s 5 (1)\nCOVID-19 lock down direction means—\nthe revoked public health direction called ‘Restrictions for Locked Down Areas (South-East Queensland) Direction’ made on 31 July 2021; or\nthe revoked public health direction called ‘Restrictions for Locked Down Areas (South-East Queensland) Direction (No. 2)’ made on 1 August 2021; or\nthe public health direction called ‘Restrictions for Locked Down Areas (Cairns and Yarrabah) Direction’ made on 8 August 2021; or\nanother public health direction, other than a COVID-19 border restrictions direction, that—\ntakes effect in August 2021; and\nrestricts the reasons for which people may leave their homes.\nsch 37 s 3 def COVID-19 lock down direction amd 2021 SL No. 146 s 5 (2)\neligible business see section 5 .\neligible entity means—\nan eligible business; or\nan eligible non-profit organisation.\neligible non-profit organisation see section 6 .\nemployee , of a business or non-profit organisation, see section 4 .\ngovernment entity means—\na government entity within the meaning of the Public Service Act 2008 , section 24 ; or\na local government; or\na government owned corporation; or\nan Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or\nan entity that is wholly owned by an entity mentioned in any of paragraphs (a) to (d).\ninitial grant see section 7 (2) .\nsch 37 s 3 def initial grant ins 2021 SL No. 152 s 6\ninsolvent under administration ...\nsch 37 s 3 def insolvent under administration om 2023 No. 23 s 247 sch 1 s 36\nlock down event means the imposition of restrictions under a COVID-19 lock down direction.\nnon-profit organisation means a charity or other non-profit entity that is incorporated under a law of the Commonwealth or a State.\nongoing hardship grant see section 7 (2A) .\nsch 37 s 3 def ongoing hardship grant ins 2021 SL No. 152 s 6\nongoing hardship eligibility period means the period starting on 14 August 2021 and ending on 14 October 2021.\nsch 37 s 3 def ongoing hardship eligibility period ins 2021 SL No. 152 s 6\nowner , of an eligible business, means a sole trader, partnership, private company, public company or trust that carries on the business.\npublic health direction see the Public Health Act 2005 , section 362B (1) .\nrelevant financial year means any of the following financial years—\n2018–2019;\n2019–2020;\n2020–2021.\nscheme means the scheme set out in this schedule.\ntourism and hospitality activity means any of the following activities listed in ANZSIC—\naccommodation;\ncafes and restaurants, takeaway food and catering services, pubs, taverns and bars, and clubs (hospitality);\nmuseum operation;\nzoological and botanic garden operation and nature reserves and conversation park operation;\nperforming arts operation, performing arts venue operation, and amusement parks and centres operation;\ncasino operation and other gambling activities;\nscenic and sightseeing transport and water passenger transport;\ntravel agency and tour arrangement services.\nwages see the Industrial Relations Act 2016 , schedule 5 .\nsch 37 s 3 ins 2021 SL No. 109 s 4\n- (a) the revoked public health direction called ‘Border Restrictions Direction (No. 35)’ made on 14 August 2021; or\n- (b) the revoked public health direction called ‘Border Restrictions Direction (No. 36)’ made on 18 August 2021; or\n- (c) the revoked public health direction called ‘Border Restrictions Direction (No. 37)’ made on 21 August 2021; or\n- (d) the revoked public health direction called ‘Border Restrictions Direction (No. 38)’ made on 24 August 2021; or\n- (e) the revoked public health direction called ‘Border Restrictions Direction (No. 39)’ made on 25 August 2021; or\n- (f) the revoked public health direction called ‘Border Restrictions Direction (No. 40)’ made on 4 September 2021; or\n- (g) the public health direction called ‘Border Restrictions Direction (No. 41)’ made on 13 September 2021; or\n- (h) another public health direction that— (i) restricts the reasons for which a person may enter Queensland from an area within a postcode listed in schedule 3 of the revoked public health direction mentioned in paragraph (a) ; and (ii) applies while all of the postcodes mentioned in subparagraph (i) are identified in a public health direction as a COVID-19 hotspot.\n- (i) restricts the reasons for which a person may enter Queensland from an area within a postcode listed in schedule 3 of the revoked public health direction mentioned in paragraph (a) ; and\n- (ii) applies while all of the postcodes mentioned in subparagraph (i) are identified in a public health direction as a COVID-19 hotspot.\n- (i) restricts the reasons for which a person may enter Queensland from an area within a postcode listed in schedule 3 of the revoked public health direction mentioned in paragraph (a) ; and\n- (ii) applies while all of the postcodes mentioned in subparagraph (i) are identified in a public health direction as a COVID-19 hotspot.\n- (a) the revoked public health direction called ‘Restrictions for Locked Down Areas (South-East Queensland) Direction’ made on 31 July 2021; or\n- (b) the revoked public health direction called ‘Restrictions for Locked Down Areas (South-East Queensland) Direction (No. 2)’ made on 1 August 2021; or\n- (c) the public health direction called ‘Restrictions for Locked Down Areas (Cairns and Yarrabah) Direction’ made on 8 August 2021; or\n- (d) another public health direction, other than a COVID-19 border restrictions direction, that— (i) takes effect in August 2021; and (ii) restricts the reasons for which people may leave their homes.\n- (i) takes effect in August 2021; and\n- (ii) restricts the reasons for which people may leave their homes.\n- (i) takes effect in August 2021; and\n- (ii) restricts the reasons for which people may leave their homes.\n- (a) an eligible business; or\n- (b) an eligible non-profit organisation.\n- (a) a government entity within the meaning of the Public Service Act 2008 , section 24 ; or\n- (b) a local government; or\n- (c) a government owned corporation; or\n- (d) an Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or\n- (e) an entity that is wholly owned by an entity mentioned in any of paragraphs (a) to (d).\n- (a) 2018–2019;\n- (b) 2019–2020;\n- (c) 2020–2021.\n- (a) accommodation;\n- (b) cafes and restaurants, takeaway food and catering services, pubs, taverns and bars, and clubs (hospitality);\n- (c) museum operation;\n- (d) zoological and botanic garden operation and nature reserves and conversation park operation;\n- (e) performing arts operation, performing arts venue operation, and amusement parks and centres operation;\n- (f) casino operation and other gambling activities;\n- (g) scenic and sightseeing transport and water passenger transport;\n- (h) travel agency and tour arrangement services.","sortOrder":581},{"sectionNumber":"sch.37-sec.4","sectionType":"section","heading":"Meaning of employee","content":"### sch.37-sec.4 Meaning of employee\n\nAn individual who is employed, or ordinarily employed, by a business or non-profit organisation is an employee of the business or organisation.\nTo remove any doubt, it is declared that none of the following persons is an employee of a business—\nif the owner of the business is a sole trader—the owner;\nif the owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.\nAlso, a person who performs work under a contract for services with a business or non-profit organisation, including, for example, a subcontractor, is not an employee of the business or non-profit organisation.\nsch 37 s 4 ins 2021 SL No. 109 s 4\n(sch.37-sec.4-ssec.1) An individual who is employed, or ordinarily employed, by a business or non-profit organisation is an employee of the business or organisation.\n(sch.37-sec.4-ssec.2) To remove any doubt, it is declared that none of the following persons is an employee of a business— if the owner of the business is a sole trader—the owner; if the owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.\n(sch.37-sec.4-ssec.3) Also, a person who performs work under a contract for services with a business or non-profit organisation, including, for example, a subcontractor, is not an employee of the business or non-profit organisation.\n- (a) if the owner of the business is a sole trader—the owner;\n- (b) if the owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.","sortOrder":582},{"sectionNumber":"sch.37-sec.5","sectionType":"section","heading":"Meaning of eligible business","content":"### sch.37-sec.5 Meaning of eligible business\n\nA business is an eligible business if—\nan entity—\nholds an Australian Business Number for the business; and\nhas continuously held the same Australian Business Number for the business since 30 June 2021; and\nthe business is registered for GST; and\nthe business has its headquarters in Queensland and was trading in Queensland on 31 July 2021; and\nthe business has at least 1 employee; and\neither—\nthe annual turnover of the business for any of the relevant financial years was more than $75,000; or\nboth of the following apply—\nthe business has been operating for a period of less than 1 financial year;\naccording to its financial records, the turnover of the business for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\nfor a business that paid wages and superannuation to its employees during any relevant financial year totalling more than $10,000,000—the primary activity of the business is a tourism and hospitality activity; and\nnone of the following entities is an insolvent under administration or is in administration, receivership or liquidation—\nthe business;\nif the owner of the business is a sole trader—the owner;\nif the owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.\nHowever, a business is not an eligible business if—\nthe business is a government entity; or\nthe business’s only source of income is 1 or more of the following—\nearnings from rental properties;\ninterest earned on investments;\ndividends; or\nthe owner of the business is a sole trader who has received, or is eligible to receive, a COVID-19 disaster payment (Cwlth) in relation to a lock down event or border closure event.\nIn this section—\nCOVID-19 disaster payment (Cwlth) means a payment covered by the Financial Framework (Supplementary Powers) Regulations 1997 (Cwlth) , schedule 1AB , part 4 , item 492.\nsch 37 s 5 ins 2021 SL No. 109 s 4\namd 2021 SL No. 146 s 6\n(sch.37-sec.5-ssec.1) A business is an eligible business if— an entity— holds an Australian Business Number for the business; and has continuously held the same Australian Business Number for the business since 30 June 2021; and the business is registered for GST; and the business has its headquarters in Queensland and was trading in Queensland on 31 July 2021; and the business has at least 1 employee; and either— the annual turnover of the business for any of the relevant financial years was more than $75,000; or both of the following apply— the business has been operating for a period of less than 1 financial year; according to its financial records, the turnover of the business for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and for a business that paid wages and superannuation to its employees during any relevant financial year totalling more than $10,000,000—the primary activity of the business is a tourism and hospitality activity; and none of the following entities is an insolvent under administration or is in administration, receivership or liquidation— the business; if the owner of the business is a sole trader—the owner; if the owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.\n(sch.37-sec.5-ssec.2) However, a business is not an eligible business if— the business is a government entity; or the business’s only source of income is 1 or more of the following— earnings from rental properties; interest earned on investments; dividends; or the owner of the business is a sole trader who has received, or is eligible to receive, a COVID-19 disaster payment (Cwlth) in relation to a lock down event or border closure event.\n(sch.37-sec.5-ssec.3) In this section— COVID-19 disaster payment (Cwlth) means a payment covered by the Financial Framework (Supplementary Powers) Regulations 1997 (Cwlth) , schedule 1AB , part 4 , item 492.\n- (a) an entity— (i) holds an Australian Business Number for the business; and (ii) has continuously held the same Australian Business Number for the business since 30 June 2021; and\n- (i) holds an Australian Business Number for the business; and\n- (ii) has continuously held the same Australian Business Number for the business since 30 June 2021; and\n- (b) the business is registered for GST; and\n- (c) the business has its headquarters in Queensland and was trading in Queensland on 31 July 2021; and\n- (d) the business has at least 1 employee; and\n- (e) either— (i) the annual turnover of the business for any of the relevant financial years was more than $75,000; or (ii) both of the following apply— (A) the business has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the business for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (i) the annual turnover of the business for any of the relevant financial years was more than $75,000; or\n- (ii) both of the following apply— (A) the business has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the business for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (A) the business has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the business for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (f) for a business that paid wages and superannuation to its employees during any relevant financial year totalling more than $10,000,000—the primary activity of the business is a tourism and hospitality activity; and\n- (g) none of the following entities is an insolvent under administration or is in administration, receivership or liquidation— (i) the business; (ii) if the owner of the business is a sole trader—the owner; (iii) if the owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.\n- (i) the business;\n- (ii) if the owner of the business is a sole trader—the owner;\n- (iii) if the owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.\n- (i) holds an Australian Business Number for the business; and\n- (ii) has continuously held the same Australian Business Number for the business since 30 June 2021; and\n- (i) the annual turnover of the business for any of the relevant financial years was more than $75,000; or\n- (ii) both of the following apply— (A) the business has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the business for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (A) the business has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the business for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (A) the business has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the business for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (i) the business;\n- (ii) if the owner of the business is a sole trader—the owner;\n- (iii) if the owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.\n- (a) the business is a government entity; or\n- (b) the business’s only source of income is 1 or more of the following— (i) earnings from rental properties; (ii) interest earned on investments; (iii) dividends; or\n- (i) earnings from rental properties;\n- (ii) interest earned on investments;\n- (iii) dividends; or\n- (c) the owner of the business is a sole trader who has received, or is eligible to receive, a COVID-19 disaster payment (Cwlth) in relation to a lock down event or border closure event.\n- (i) earnings from rental properties;\n- (ii) interest earned on investments;\n- (iii) dividends; or","sortOrder":583},{"sectionNumber":"sch.37-sec.6","sectionType":"section","heading":"Meaning of eligible non-profit organisation","content":"### sch.37-sec.6 Meaning of eligible non-profit organisation\n\nA non-profit organisation is an eligible non-profit organisation if—\nthe organisation—\nholds an Australian Business Number; and\nhas continuously held the same Australian Business Number since 30 June 2021; and\nthe organisation is registered for GST; and\nthe organisation has its headquarters in Queensland and was trading in Queensland on 31 July 2021; and\nthe organisation has at least 1 employee; and\neither—\nthe annual turnover of the organisation for any of the relevant financial years was more than $75,000; or\nboth of the following apply—\nthe organisation has been operating for a period of less than 1 financial year;\naccording to its financial records, the turnover of the organisation for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\nfor an organisation that paid wages and superannuation to its employees during any relevant financial year totalling more than $10,000,000—the primary activity of the organisation is a tourism and hospitality activity; and\nneither the organisation, nor a member of the organisation’s governing body, is an insolvent under administration or is in administration, receivership or liquidation.\na director of the organisation\na member of the organisation’s management committee\na trustee of the organisation\nHowever, a non-profit organisation is not an eligible non-profit organisation if—\nthe organisation is a government entity; or\nthe organisation’s only source of income is 1 or more of the following—\nearnings from rental properties;\ninterest earned on investments;\ndividends.\nsch 37 s 6 ins 2021 SL No. 109 s 4\n(sch.37-sec.6-ssec.1) A non-profit organisation is an eligible non-profit organisation if— the organisation— holds an Australian Business Number; and has continuously held the same Australian Business Number since 30 June 2021; and the organisation is registered for GST; and the organisation has its headquarters in Queensland and was trading in Queensland on 31 July 2021; and the organisation has at least 1 employee; and either— the annual turnover of the organisation for any of the relevant financial years was more than $75,000; or both of the following apply— the organisation has been operating for a period of less than 1 financial year; according to its financial records, the turnover of the organisation for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and for an organisation that paid wages and superannuation to its employees during any relevant financial year totalling more than $10,000,000—the primary activity of the organisation is a tourism and hospitality activity; and neither the organisation, nor a member of the organisation’s governing body, is an insolvent under administration or is in administration, receivership or liquidation. a director of the organisation a member of the organisation’s management committee a trustee of the organisation\n(sch.37-sec.6-ssec.2) However, a non-profit organisation is not an eligible non-profit organisation if— the organisation is a government entity; or the organisation’s only source of income is 1 or more of the following— earnings from rental properties; interest earned on investments; dividends.\n- (a) the organisation— (i) holds an Australian Business Number; and (ii) has continuously held the same Australian Business Number since 30 June 2021; and\n- (i) holds an Australian Business Number; and\n- (ii) has continuously held the same Australian Business Number since 30 June 2021; and\n- (b) the organisation is registered for GST; and\n- (c) the organisation has its headquarters in Queensland and was trading in Queensland on 31 July 2021; and\n- (d) the organisation has at least 1 employee; and\n- (e) either— (i) the annual turnover of the organisation for any of the relevant financial years was more than $75,000; or (ii) both of the following apply— (A) the organisation has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the organisation for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (i) the annual turnover of the organisation for any of the relevant financial years was more than $75,000; or\n- (ii) both of the following apply— (A) the organisation has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the organisation for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (A) the organisation has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the organisation for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (f) for an organisation that paid wages and superannuation to its employees during any relevant financial year totalling more than $10,000,000—the primary activity of the organisation is a tourism and hospitality activity; and\n- (g) neither the organisation, nor a member of the organisation’s governing body, is an insolvent under administration or is in administration, receivership or liquidation. Examples of members of the organisation’s governing body— • a director of the organisation • a member of the organisation’s management committee • a trustee of the organisation\n- • a director of the organisation\n- • a member of the organisation’s management committee\n- • a trustee of the organisation\n- (i) holds an Australian Business Number; and\n- (ii) has continuously held the same Australian Business Number since 30 June 2021; and\n- (i) the annual turnover of the organisation for any of the relevant financial years was more than $75,000; or\n- (ii) both of the following apply— (A) the organisation has been operating for a period of less than 1 financial year; (B) according to its financial records, the turnover of the organisation for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (A) the organisation has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the organisation for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (A) the organisation has been operating for a period of less than 1 financial year;\n- (B) according to its financial records, the turnover of the organisation for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- • a director of the organisation\n- • a member of the organisation’s management committee\n- • a trustee of the organisation\n- (a) the organisation is a government entity; or\n- (b) the organisation’s only source of income is 1 or more of the following— (i) earnings from rental properties; (ii) interest earned on investments; (iii) dividends.\n- (i) earnings from rental properties;\n- (ii) interest earned on investments;\n- (iii) dividends.\n- (i) earnings from rental properties;\n- (ii) interest earned on investments;\n- (iii) dividends.","sortOrder":584},{"sectionNumber":"sch.37-pt.2","sectionType":"part","heading":"General provisions of scheme","content":"# General provisions of scheme","sortOrder":585},{"sectionNumber":"sch.37-sec.7","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.37-sec.7 Nature and amount of assistance\n\nThe nature of the assistance available to an applicant under the scheme is the grant of financial assistance for an eligible entity.\nFor an applicant who is eligible to receive assistance under the scheme for an eligible entity under section 8 , a grant of financial assistance (an initial grant ) is payable under the scheme in the amount of—\n$10,000, if—\nthe eligible entity’s wages and superannuation amount for a relevant financial year was less than $1,300,000 or the entity was not trading during any relevant financial year; and\nparagraphs (b) and (c) do not apply; or\n$15,000, if—\nthe eligible entity’s wages and superannuation amount for a relevant financial year was not less than $1,300,000 but not more than $10,000,000; and\nparagraph (c) does not apply; or\n$30,000, if—\nthe eligible entity’s wages and superannuation amount for a relevant financial year was more than $10,000,000; and\nthe primary activity of the entity is a tourism and hospitality activity.\nAlso, for an applicant who is eligible to receive assistance under the scheme for an eligible entity under section 8A , an additional grant of financial assistance (an ongoing hardship grant ) in the amount of $5,000 is payable under the scheme.\nIn this section—\nwages and superannuation amount , of an eligible entity for a relevant financial year, means the total of the wages and superannuation paid by the eligible entity to its employees during the relevant financial year.\nsch 37 s 7 ins 2021 SL No. 109 s 4\namd 2021 SL No. 110 s 4 ; 2021 SL No. 152 s 7\n(sch.37-sec.7-ssec.1) The nature of the assistance available to an applicant under the scheme is the grant of financial assistance for an eligible entity.\n(sch.37-sec.7-ssec.2) For an applicant who is eligible to receive assistance under the scheme for an eligible entity under section 8 , a grant of financial assistance (an initial grant ) is payable under the scheme in the amount of— $10,000, if— the eligible entity’s wages and superannuation amount for a relevant financial year was less than $1,300,000 or the entity was not trading during any relevant financial year; and paragraphs (b) and (c) do not apply; or $15,000, if— the eligible entity’s wages and superannuation amount for a relevant financial year was not less than $1,300,000 but not more than $10,000,000; and paragraph (c) does not apply; or $30,000, if— the eligible entity’s wages and superannuation amount for a relevant financial year was more than $10,000,000; and the primary activity of the entity is a tourism and hospitality activity.\n(sch.37-sec.7-ssec.2A) Also, for an applicant who is eligible to receive assistance under the scheme for an eligible entity under section 8A , an additional grant of financial assistance (an ongoing hardship grant ) in the amount of $5,000 is payable under the scheme.\n(sch.37-sec.7-ssec.3) In this section— wages and superannuation amount , of an eligible entity for a relevant financial year, means the total of the wages and superannuation paid by the eligible entity to its employees during the relevant financial year.\n- (a) $10,000, if— (i) the eligible entity’s wages and superannuation amount for a relevant financial year was less than $1,300,000 or the entity was not trading during any relevant financial year; and (ii) paragraphs (b) and (c) do not apply; or\n- (i) the eligible entity’s wages and superannuation amount for a relevant financial year was less than $1,300,000 or the entity was not trading during any relevant financial year; and\n- (ii) paragraphs (b) and (c) do not apply; or\n- (b) $15,000, if— (i) the eligible entity’s wages and superannuation amount for a relevant financial year was not less than $1,300,000 but not more than $10,000,000; and (ii) paragraph (c) does not apply; or\n- (i) the eligible entity’s wages and superannuation amount for a relevant financial year was not less than $1,300,000 but not more than $10,000,000; and\n- (ii) paragraph (c) does not apply; or\n- (c) $30,000, if— (i) the eligible entity’s wages and superannuation amount for a relevant financial year was more than $10,000,000; and (ii) the primary activity of the entity is a tourism and hospitality activity.\n- (i) the eligible entity’s wages and superannuation amount for a relevant financial year was more than $10,000,000; and\n- (ii) the primary activity of the entity is a tourism and hospitality activity.\n- (i) the eligible entity’s wages and superannuation amount for a relevant financial year was less than $1,300,000 or the entity was not trading during any relevant financial year; and\n- (ii) paragraphs (b) and (c) do not apply; or\n- (i) the eligible entity’s wages and superannuation amount for a relevant financial year was not less than $1,300,000 but not more than $10,000,000; and\n- (ii) paragraph (c) does not apply; or\n- (i) the eligible entity’s wages and superannuation amount for a relevant financial year was more than $10,000,000; and\n- (ii) the primary activity of the entity is a tourism and hospitality activity.","sortOrder":586},{"sectionNumber":"sch.37-sec.8","sectionType":"section","heading":"Eligibility criteria for initial grant","content":"### sch.37-sec.8 Eligibility criteria for initial grant\n\nFor an applicant to be eligible to receive an initial grant under the scheme for an eligible entity, the applicant must—\nbe—\nif the entity is an eligible business—an owner of the business; or\nthe eligible non-profit organisation; and\ndemonstrate to the satisfaction of the authority—\nthe matters mentioned in subsection (2) or (3) ; and\nthat the turnover of the eligible entity for the nominated 7-day period is at least 30% less than the entity’s turnover for the comparison period.\nFor subsection (1) (b) (i) , if the application for assistance relates to a lock down event, the matters are that during a nominated 7-day period, the eligible entity has—\nbeen required to stop operating or limit its operations because of a lock down event; or\notherwise been affected by a lock down event.\nAlso for subsection (1) (b) (i) , if the application for assistance relates to a border closure event, the matters are that the eligible entity—\nwas trading in the border area on 31 July 2021; and\nhas been affected by a border closure event during a nominated 7-day period.\nHowever, an applicant is not eligible to receive an initial grant for an eligible entity for which the applicant or any other person has received an initial grant in relation to the same, or any other, lock down event or border closure event.\nIn this section—\ncomparison period , in relation to a nominated 7-day period, means—\nthe period in 2019 comprising the same days as the nominated 7-day period; or\nIf the nominated 7-day period is 31 July to 6 August 2021, the comparison period would be 31 July to 6 August 2019.\nif the authority considers the period mentioned in paragraph (a) is not indicative of the eligible entity’s typical weekly turnover unaffected by a lock down event or border closure event—another period of 7 consecutive days the authority considers is comparable to the nominated 7-day period.\nthe eligible entity was not operating during the period mentioned in paragraph (a)\nthe eligible entity’s turnover during the period mentioned in paragraph (a) was affected by a significant event\nnominated 7-day period means a period of any 7 consecutive days—\nthat is nominated by the applicant; and\nat least 1 full day of which is included in the period of the lock down event or border closure event to which the application for assistance relates.\nsch 37 s 8 ins 2021 SL No. 109 s 4\nsub 2021 SL No. 146 s 7\namd 2021 SL No. 152 s 8\n(sch.37-sec.8-ssec.1) For an applicant to be eligible to receive an initial grant under the scheme for an eligible entity, the applicant must— be— if the entity is an eligible business—an owner of the business; or the eligible non-profit organisation; and demonstrate to the satisfaction of the authority— the matters mentioned in subsection (2) or (3) ; and that the turnover of the eligible entity for the nominated 7-day period is at least 30% less than the entity’s turnover for the comparison period.\n(sch.37-sec.8-ssec.2) For subsection (1) (b) (i) , if the application for assistance relates to a lock down event, the matters are that during a nominated 7-day period, the eligible entity has— been required to stop operating or limit its operations because of a lock down event; or otherwise been affected by a lock down event.\n(sch.37-sec.8-ssec.3) Also for subsection (1) (b) (i) , if the application for assistance relates to a border closure event, the matters are that the eligible entity— was trading in the border area on 31 July 2021; and has been affected by a border closure event during a nominated 7-day period.\n(sch.37-sec.8-ssec.4) However, an applicant is not eligible to receive an initial grant for an eligible entity for which the applicant or any other person has received an initial grant in relation to the same, or any other, lock down event or border closure event.\n(sch.37-sec.8-ssec.5) In this section— comparison period , in relation to a nominated 7-day period, means— the period in 2019 comprising the same days as the nominated 7-day period; or If the nominated 7-day period is 31 July to 6 August 2021, the comparison period would be 31 July to 6 August 2019. if the authority considers the period mentioned in paragraph (a) is not indicative of the eligible entity’s typical weekly turnover unaffected by a lock down event or border closure event—another period of 7 consecutive days the authority considers is comparable to the nominated 7-day period. the eligible entity was not operating during the period mentioned in paragraph (a) the eligible entity’s turnover during the period mentioned in paragraph (a) was affected by a significant event nominated 7-day period means a period of any 7 consecutive days— that is nominated by the applicant; and at least 1 full day of which is included in the period of the lock down event or border closure event to which the application for assistance relates.\n- (a) be— (i) if the entity is an eligible business—an owner of the business; or (ii) the eligible non-profit organisation; and\n- (i) if the entity is an eligible business—an owner of the business; or\n- (ii) the eligible non-profit organisation; and\n- (b) demonstrate to the satisfaction of the authority— (i) the matters mentioned in subsection (2) or (3) ; and (ii) that the turnover of the eligible entity for the nominated 7-day period is at least 30% less than the entity’s turnover for the comparison period.\n- (i) the matters mentioned in subsection (2) or (3) ; and\n- (ii) that the turnover of the eligible entity for the nominated 7-day period is at least 30% less than the entity’s turnover for the comparison period.\n- (i) if the entity is an eligible business—an owner of the business; or\n- (ii) the eligible non-profit organisation; and\n- (i) the matters mentioned in subsection (2) or (3) ; and\n- (ii) that the turnover of the eligible entity for the nominated 7-day period is at least 30% less than the entity’s turnover for the comparison period.\n- (a) been required to stop operating or limit its operations because of a lock down event; or\n- (b) otherwise been affected by a lock down event.\n- (a) was trading in the border area on 31 July 2021; and\n- (b) has been affected by a border closure event during a nominated 7-day period.\n- (a) the period in 2019 comprising the same days as the nominated 7-day period; or Example for paragraph (a) — If the nominated 7-day period is 31 July to 6 August 2021, the comparison period would be 31 July to 6 August 2019.\n- (b) if the authority considers the period mentioned in paragraph (a) is not indicative of the eligible entity’s typical weekly turnover unaffected by a lock down event or border closure event—another period of 7 consecutive days the authority considers is comparable to the nominated 7-day period. Examples of circumstances in which paragraph (b) may apply— • the eligible entity was not operating during the period mentioned in paragraph (a) • the eligible entity’s turnover during the period mentioned in paragraph (a) was affected by a significant event\n- • the eligible entity was not operating during the period mentioned in paragraph (a)\n- • the eligible entity’s turnover during the period mentioned in paragraph (a) was affected by a significant event\n- • the eligible entity was not operating during the period mentioned in paragraph (a)\n- • the eligible entity’s turnover during the period mentioned in paragraph (a) was affected by a significant event\n- (a) that is nominated by the applicant; and\n- (b) at least 1 full day of which is included in the period of the lock down event or border closure event to which the application for assistance relates.","sortOrder":587},{"sectionNumber":"sch.37-sec.8A","sectionType":"section","heading":"Eligibility criteria for ongoing hardship grant","content":"### sch.37-sec.8A Eligibility criteria for ongoing hardship grant\n\nFor an applicant to be eligible to receive an ongoing hardship grant for an eligible entity—\nthe applicant must have received, or be eligible to receive, an initial grant for the eligible entity; and\nborder closure events must have been in effect throughout the ongoing hardship eligibility period; and\nthe applicant must demonstrate to the satisfaction of the authority that the eligible entity—\nwas trading in the border area on both 31 July 2021 and 14 October 2021; and\nhas been affected by the border closure events throughout the ongoing hardship eligibility period.\nHowever, an applicant is not eligible to receive an ongoing hardship grant for an eligible entity for which the applicant or any other person has already received an ongoing hardship grant.\nsch 37 s 8A ins 2021 SL No. 152 s 9\n(sch.37-sec.8A-ssec.1) For an applicant to be eligible to receive an ongoing hardship grant for an eligible entity— the applicant must have received, or be eligible to receive, an initial grant for the eligible entity; and border closure events must have been in effect throughout the ongoing hardship eligibility period; and the applicant must demonstrate to the satisfaction of the authority that the eligible entity— was trading in the border area on both 31 July 2021 and 14 October 2021; and has been affected by the border closure events throughout the ongoing hardship eligibility period.\n(sch.37-sec.8A-ssec.2) However, an applicant is not eligible to receive an ongoing hardship grant for an eligible entity for which the applicant or any other person has already received an ongoing hardship grant.\n- (a) the applicant must have received, or be eligible to receive, an initial grant for the eligible entity; and\n- (b) border closure events must have been in effect throughout the ongoing hardship eligibility period; and\n- (c) the applicant must demonstrate to the satisfaction of the authority that the eligible entity— (i) was trading in the border area on both 31 July 2021 and 14 October 2021; and (ii) has been affected by the border closure events throughout the ongoing hardship eligibility period.\n- (i) was trading in the border area on both 31 July 2021 and 14 October 2021; and\n- (ii) has been affected by the border closure events throughout the ongoing hardship eligibility period.\n- (i) was trading in the border area on both 31 July 2021 and 14 October 2021; and\n- (ii) has been affected by the border closure events throughout the ongoing hardship eligibility period.","sortOrder":588},{"sectionNumber":"sch.37-sec.9","sectionType":"section","heading":"Requirements for applications","content":"### sch.37-sec.9 Requirements for applications\n\nAn application for assistance under the scheme must be—\nmade on the form approved by the authority not later than the closing day for applications stated by the authority on its website; and\naccompanied by the documents stated in the application form; and\ngiven to the authority.\nIf the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\nsch 37 s 9 ins 2021 SL No. 109 s 4\n(sch.37-sec.9-ssec.1) An application for assistance under the scheme must be— made on the form approved by the authority not later than the closing day for applications stated by the authority on its website; and accompanied by the documents stated in the application form; and given to the authority.\n(sch.37-sec.9-ssec.2) If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\n- (a) made on the form approved by the authority not later than the closing day for applications stated by the authority on its website; and\n- (b) accompanied by the documents stated in the application form; and\n- (c) given to the authority.","sortOrder":589},{"sectionNumber":"sch.37-sec.10","sectionType":"section","heading":"Deciding applications","content":"### sch.37-sec.10 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 9 (1) .\nThe authority must consider applications in the order they are received by the authority.\nThe authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not enough to pay for the assistance.\nsch 37 s 10 ins 2021 SL No. 109 s 4\n(sch.37-sec.10-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 9 (1) .\n(sch.37-sec.10-ssec.2) The authority must consider applications in the order they are received by the authority.\n(sch.37-sec.10-ssec.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.","sortOrder":590},{"sectionNumber":"sch.38-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":591},{"sectionNumber":"sch.38-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.38-sec.1 Objective of scheme\n\nThe objective of the scheme is to provide assistance to tourism and hospitality businesses and non-profit organisations that have been financially affected by travel restrictions imposed by the Commonwealth government or State government in response to COVID-19.\nsch 38 s 1 ins 2021 SL No. 153 s 5","sortOrder":592},{"sectionNumber":"sch.38-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.38-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to provide relief and support for eligible businesses and non-profit organisations affected by COVID-19 travel restrictions, including to help them maintain employment for their employees in Queensland.\nHowever, assistance under the scheme is not intended to compensate eligible businesses and non-profit organisations for loss of income suffered as a result of COVID-19 travel restrictions.\nsch 38 s 2 ins 2021 SL No. 153 s 5\n(sch.38-sec.2-ssec.1) The purpose of assistance under the scheme is to provide relief and support for eligible businesses and non-profit organisations affected by COVID-19 travel restrictions, including to help them maintain employment for their employees in Queensland.\n(sch.38-sec.2-ssec.2) However, assistance under the scheme is not intended to compensate eligible businesses and non-profit organisations for loss of income suffered as a result of COVID-19 travel restrictions.","sortOrder":593},{"sectionNumber":"sch.38-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.38-sec.3 Definitions for schedule\n\nIn this schedule—\nannual turnover see the Income Tax Assessment Act 1997 (Cwlth) , section 328 -120\nANZSIC means the document called ‘Australian and New Zealand Standard Industrial Classification (ANZSIC)’ published by the Australian Bureau of Statistics.\nANZSIC is available on the Australian Bureau of Statistics’ website.\napplicant means an entity applying for financial assistance under the scheme.\nassociated entity , of an owner of a business, for part 3 , see section 11 .\nbusiness collection , for part 3 , see section 15 .\ncategory A business , for part 2 , see section 6 .\ncategory A entity , for part 2 , see section 5 .\ncategory A non-profit organisation , for part 2 , see section 7 .\ncategory B business , for part 3 , see section 12 .\ncategory B entity , for part 3 , see section 11 .\ncategory B non-profit organisation , for part 3 , see section 14 .\ncategory C business , for part 3 , see section 13 .\nCOVID-19 travel restrictions means—\nthe restrictions placed on persons entering Australia from overseas following the declaration of a human biosecurity emergency under the Biosecurity Act 2015 (Cwlth) , section 475 in relation to human coronavirus with pandemic potential; or\nthe following restrictions or prohibitions imposed under the Public Health Act 2005 , section 362B , 362H or 362I —\nrestrictions imposed on, or the prohibition of, persons entering Queensland from another State or another country;\nrestrictions imposed on, or the prohibition of, persons entering or leaving particular premises, or particular areas, in Queensland.\nemployee see section 4 .\nexcluded business means a business—\nthat is a government entity; or\nthat is a local or regional tourism organisation; or\nthat is an industry representative organisation; or\nwhose only source of income is 1 or more of the following—\nearnings from rental properties;\ninterest earned on investments;\ndividends.\nexcluded non-profit organisation means a non-profit organisation—\nthat is a government entity; or\nthat is a local or regional tourism organisation; or\nthat is an industry representative organisation; or\nwhose only source of income is 1 or more of the following—\nearnings from rental properties;\ninterest earned on investments;\ndividends.\ngovernment entity means—\na government entity within the meaning of the Public Service Act 2008 , section 24 ; or\na local government; or\na government owned corporation; or\nan Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or\nan entity that is wholly owned by an entity mentioned in any of paragraphs (a) to (d).\ninsolvent under administration ...\nsch 38 s 3 def insolvent under administration om 2023 No. 23 s 247 sch 1 s 36\nnon-profit organisation means a charity or other non-profit entity that is incorporated under a law of the Commonwealth or a State.\nowner , of a business—\nfor part 2 , see section 5 ; or\nfor part 3 , see section 11 .\npart 2 first payment see section 10 (a) .\npart 2 second payment see section 10 (b) .\npart 3 first payment see section 18 (1) (a) .\npart 3 second payment see section 18 (1) (b) .\nrelated body corporate , for part 3 , see section 11 .\nrelevant financial year means any of the following financial years—\n2018–2019;\n2019–2020;\n2020–2021.\nscheme means the scheme set out in this schedule.\nwages see the Industrial Relations Act 2016 , schedule 5 .\nsch 38 s 3 ins 2021 SL No. 153 s 5\n- (a) the restrictions placed on persons entering Australia from overseas following the declaration of a human biosecurity emergency under the Biosecurity Act 2015 (Cwlth) , section 475 in relation to human coronavirus with pandemic potential; or\n- (b) the following restrictions or prohibitions imposed under the Public Health Act 2005 , section 362B , 362H or 362I — (i) restrictions imposed on, or the prohibition of, persons entering Queensland from another State or another country; (ii) restrictions imposed on, or the prohibition of, persons entering or leaving particular premises, or particular areas, in Queensland.\n- (i) restrictions imposed on, or the prohibition of, persons entering Queensland from another State or another country;\n- (ii) restrictions imposed on, or the prohibition of, persons entering or leaving particular premises, or particular areas, in Queensland.\n- (i) restrictions imposed on, or the prohibition of, persons entering Queensland from another State or another country;\n- (ii) restrictions imposed on, or the prohibition of, persons entering or leaving particular premises, or particular areas, in Queensland.\n- (a) that is a government entity; or\n- (b) that is a local or regional tourism organisation; or\n- (c) that is an industry representative organisation; or\n- (d) whose only source of income is 1 or more of the following— (i) earnings from rental properties; (ii) interest earned on investments; (iii) dividends.\n- (i) earnings from rental properties;\n- (ii) interest earned on investments;\n- (iii) dividends.\n- (i) earnings from rental properties;\n- (ii) interest earned on investments;\n- (iii) dividends.\n- (a) that is a government entity; or\n- (b) that is a local or regional tourism organisation; or\n- (c) that is an industry representative organisation; or\n- (d) whose only source of income is 1 or more of the following— (i) earnings from rental properties; (ii) interest earned on investments; (iii) dividends.\n- (i) earnings from rental properties;\n- (ii) interest earned on investments;\n- (iii) dividends.\n- (i) earnings from rental properties;\n- (ii) interest earned on investments;\n- (iii) dividends.\n- (a) a government entity within the meaning of the Public Service Act 2008 , section 24 ; or\n- (b) a local government; or\n- (c) a government owned corporation; or\n- (d) an Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or\n- (e) an entity that is wholly owned by an entity mentioned in any of paragraphs (a) to (d).\n- (a) for part 2 , see section 5 ; or\n- (b) for part 3 , see section 11 .\n- (a) 2018–2019;\n- (b) 2019–2020;\n- (c) 2020–2021.","sortOrder":594},{"sectionNumber":"sch.38-sec.4","sectionType":"section","heading":"Meaning of employee","content":"### sch.38-sec.4 Meaning of employee\n\nAn individual who is employed, or ordinarily employed, by a business or non-profit organisation is an employee of the business or organisation.\nTo remove any doubt, it is declared that none of the following persons is an employee of a business—\nif the owner of the business is a sole trader—the owner;\nif the owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.\nAlso, a person who performs work under a contract for services with a business or non-profit organisation, including, for example, a subcontractor, is not an employee of the business or non-profit organisation.\nsch 38 s 4 ins 2021 SL No. 153 s 5\n(sch.38-sec.4-ssec.1) An individual who is employed, or ordinarily employed, by a business or non-profit organisation is an employee of the business or organisation.\n(sch.38-sec.4-ssec.2) To remove any doubt, it is declared that none of the following persons is an employee of a business— if the owner of the business is a sole trader—the owner; if the owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.\n(sch.38-sec.4-ssec.3) Also, a person who performs work under a contract for services with a business or non-profit organisation, including, for example, a subcontractor, is not an employee of the business or non-profit organisation.\n- (a) if the owner of the business is a sole trader—the owner;\n- (b) if the owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.","sortOrder":595},{"sectionNumber":"sch.38-pt.2","sectionType":"part","heading":"Tourism and hospitality sector hardship grants","content":"# Tourism and hospitality sector hardship grants","sortOrder":596},{"sectionNumber":"sch.38-sec.5","sectionType":"section","heading":"Definitions for part","content":"### sch.38-sec.5 Definitions for part\n\nIn this part—\ncategory A business see section 6 .\ncategory A entity means—\na category A business; or\na category A non-profit organisation.\ncategory A non-profit organisation see section 7 .\nowner , of a business, means a sole trader, partnership, private company, public company or trust that carries on the business.\nsch 38 s 5 ins 2021 SL No. 153 s 5\n- (a) a category A business; or\n- (b) a category A non-profit organisation.","sortOrder":597},{"sectionNumber":"sch.38-sec.6","sectionType":"section","heading":"Meaning of category A business","content":"### sch.38-sec.6 Meaning of category A business\n\nA business is a category A business if—\nan entity—\nholds an Australian Business Number for the business; and\nhas continuously held the same Australian Business Number for the business since 30 June 2021; and\nthe business is registered for GST; and\nthe business is, and has been since 30 June 2021, trading from premises in Queensland; and\nthe business has, and on 30 June 2021 had, at least 1 employee in Queensland; and\neither—\nthe annual turnover of the business in Queensland for any of the relevant financial years was more than $75,000; or\nboth of the following apply—\nthe business has operated in Queensland for only part of the 2020–2021 financial year;\naccording to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\neither—\nthe business’s primary activity is an activity listed in ANZSIC under class code 4400, 4511, 4512, 4513, 4520, 4530, 4820, 5010, 7220, 8910, 8921, 8922, 9001, 9003 or 9131; or\nboth of the following apply—\nthe business’s primary activity is an activity listed in ANZSIC under class code 4279, 4621, 4623, 6611, 6619, 6962, 7299 or 9139;\nthe predominant clients for the business’s primary activity are tourists; and\nnone of the following entities is an insolvent under administration or is under administration or in receivership or liquidation—\nthe business;\nif the owner of the business is a sole trader—the owner;\nif an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.\nHowever, a business is not a category A business if the business is an excluded business.\nsch 38 s 6 ins 2021 SL No. 153 s 5\n(sch.38-sec.6-ssec.1) A business is a category A business if— an entity— holds an Australian Business Number for the business; and has continuously held the same Australian Business Number for the business since 30 June 2021; and the business is registered for GST; and the business is, and has been since 30 June 2021, trading from premises in Queensland; and the business has, and on 30 June 2021 had, at least 1 employee in Queensland; and either— the annual turnover of the business in Queensland for any of the relevant financial years was more than $75,000; or both of the following apply— the business has operated in Queensland for only part of the 2020–2021 financial year; according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and either— the business’s primary activity is an activity listed in ANZSIC under class code 4400, 4511, 4512, 4513, 4520, 4530, 4820, 5010, 7220, 8910, 8921, 8922, 9001, 9003 or 9131; or both of the following apply— the business’s primary activity is an activity listed in ANZSIC under class code 4279, 4621, 4623, 6611, 6619, 6962, 7299 or 9139; the predominant clients for the business’s primary activity are tourists; and none of the following entities is an insolvent under administration or is under administration or in receivership or liquidation— the business; if the owner of the business is a sole trader—the owner; if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.\n(sch.38-sec.6-ssec.2) However, a business is not a category A business if the business is an excluded business.\n- (a) an entity— (i) holds an Australian Business Number for the business; and (ii) has continuously held the same Australian Business Number for the business since 30 June 2021; and\n- (i) holds an Australian Business Number for the business; and\n- (ii) has continuously held the same Australian Business Number for the business since 30 June 2021; and\n- (b) the business is registered for GST; and\n- (c) the business is, and has been since 30 June 2021, trading from premises in Queensland; and\n- (d) the business has, and on 30 June 2021 had, at least 1 employee in Queensland; and\n- (e) either— (i) the annual turnover of the business in Queensland for any of the relevant financial years was more than $75,000; or (ii) both of the following apply— (A) the business has operated in Queensland for only part of the 2020–2021 financial year; (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (i) the annual turnover of the business in Queensland for any of the relevant financial years was more than $75,000; or\n- (ii) both of the following apply— (A) the business has operated in Queensland for only part of the 2020–2021 financial year; (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (A) the business has operated in Queensland for only part of the 2020–2021 financial year;\n- (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (f) either— (i) the business’s primary activity is an activity listed in ANZSIC under class code 4400, 4511, 4512, 4513, 4520, 4530, 4820, 5010, 7220, 8910, 8921, 8922, 9001, 9003 or 9131; or (ii) both of the following apply— (A) the business’s primary activity is an activity listed in ANZSIC under class code 4279, 4621, 4623, 6611, 6619, 6962, 7299 or 9139; (B) the predominant clients for the business’s primary activity are tourists; and\n- (i) the business’s primary activity is an activity listed in ANZSIC under class code 4400, 4511, 4512, 4513, 4520, 4530, 4820, 5010, 7220, 8910, 8921, 8922, 9001, 9003 or 9131; or\n- (ii) both of the following apply— (A) the business’s primary activity is an activity listed in ANZSIC under class code 4279, 4621, 4623, 6611, 6619, 6962, 7299 or 9139; (B) the predominant clients for the business’s primary activity are tourists; and\n- (A) the business’s primary activity is an activity listed in ANZSIC under class code 4279, 4621, 4623, 6611, 6619, 6962, 7299 or 9139;\n- (B) the predominant clients for the business’s primary activity are tourists; and\n- (g) none of the following entities is an insolvent under administration or is under administration or in receivership or liquidation— (i) the business; (ii) if the owner of the business is a sole trader—the owner; (iii) if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.\n- (i) the business;\n- (ii) if the owner of the business is a sole trader—the owner;\n- (iii) if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.\n- (i) holds an Australian Business Number for the business; and\n- (ii) has continuously held the same Australian Business Number for the business since 30 June 2021; and\n- (i) the annual turnover of the business in Queensland for any of the relevant financial years was more than $75,000; or\n- (ii) both of the following apply— (A) the business has operated in Queensland for only part of the 2020–2021 financial year; (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (A) the business has operated in Queensland for only part of the 2020–2021 financial year;\n- (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (A) the business has operated in Queensland for only part of the 2020–2021 financial year;\n- (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (i) the business’s primary activity is an activity listed in ANZSIC under class code 4400, 4511, 4512, 4513, 4520, 4530, 4820, 5010, 7220, 8910, 8921, 8922, 9001, 9003 or 9131; or\n- (ii) both of the following apply— (A) the business’s primary activity is an activity listed in ANZSIC under class code 4279, 4621, 4623, 6611, 6619, 6962, 7299 or 9139; (B) the predominant clients for the business’s primary activity are tourists; and\n- (A) the business’s primary activity is an activity listed in ANZSIC under class code 4279, 4621, 4623, 6611, 6619, 6962, 7299 or 9139;\n- (B) the predominant clients for the business’s primary activity are tourists; and\n- (A) the business’s primary activity is an activity listed in ANZSIC under class code 4279, 4621, 4623, 6611, 6619, 6962, 7299 or 9139;\n- (B) the predominant clients for the business’s primary activity are tourists; and\n- (i) the business;\n- (ii) if the owner of the business is a sole trader—the owner;\n- (iii) if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust.","sortOrder":598},{"sectionNumber":"sch.38-sec.7","sectionType":"section","heading":"Meaning of category A non-profit organisation","content":"### sch.38-sec.7 Meaning of category A non-profit organisation\n\nA non-profit organisation is a category A non-profit organisation if—\nthe organisation—\nholds an Australian Business Number; and\nhas continuously held the same Australian Business Number since 30 June 2021; and\nthe organisation is registered for GST; and\nthe organisation is, and has been since 30 June 2021, trading from premises in Queensland; and\nthe organisation has, and on 30 June 2021 had, at least 1 employee in Queensland; and\neither—\nthe annual turnover of the organisation in Queensland for any of the relevant financial years was more than $75,000; or\nboth of the following apply—\nthe organisation has operated in Queensland for only part of the 2020–2021 financial year;\naccording to its financial records, the annual turnover of the organisation in Queensland for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\neither—\nthe organisation’s primary activity is an activity listed in ANZSIC under class code 4400, 4511, 4512, 4513, 4520, 4530, 4820, 5010, 7220, 8910, 8921, 8922, 9001, 9003 or 9131; or\nboth of the following apply—\nthe organisation’s primary activity is an activity listed in ANZSIC under class code 4279, 4621, 4623, 6611, 6619, 6962, 7299 or 9139;\nthe predominant clients for the organisation’s primary activity are tourists; and\nneither the organisation, nor a member of the organisation’s governing body, is an insolvent under administration or is under administration or in receivership or liquidation.\na director of the organisation\na member of the organisation’s management committee\na trustee of the organisation\nHowever, a non-profit organisation is not a category A non-profit organisation if the non-profit organisation is an excluded non-profit organisation.\nsch 38 s 7 ins 2021 SL No. 153 s 5\n(sch.38-sec.7-ssec.1) A non-profit organisation is a category A non-profit organisation if— the organisation— holds an Australian Business Number; and has continuously held the same Australian Business Number since 30 June 2021; and the organisation is registered for GST; and the organisation is, and has been since 30 June 2021, trading from premises in Queensland; and the organisation has, and on 30 June 2021 had, at least 1 employee in Queensland; and either— the annual turnover of the organisation in Queensland for any of the relevant financial years was more than $75,000; or both of the following apply— the organisation has operated in Queensland for only part of the 2020–2021 financial year; according to its financial records, the annual turnover of the organisation in Queensland for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and either— the organisation’s primary activity is an activity listed in ANZSIC under class code 4400, 4511, 4512, 4513, 4520, 4530, 4820, 5010, 7220, 8910, 8921, 8922, 9001, 9003 or 9131; or both of the following apply— the organisation’s primary activity is an activity listed in ANZSIC under class code 4279, 4621, 4623, 6611, 6619, 6962, 7299 or 9139; the predominant clients for the organisation’s primary activity are tourists; and neither the organisation, nor a member of the organisation’s governing body, is an insolvent under administration or is under administration or in receivership or liquidation. a director of the organisation a member of the organisation’s management committee a trustee of the organisation\n(sch.38-sec.7-ssec.2) However, a non-profit organisation is not a category A non-profit organisation if the non-profit organisation is an excluded non-profit organisation.\n- (a) the organisation— (i) holds an Australian Business Number; and (ii) has continuously held the same Australian Business Number since 30 June 2021; and\n- (i) holds an Australian Business Number; and\n- (ii) has continuously held the same Australian Business Number since 30 June 2021; and\n- (b) the organisation is registered for GST; and\n- (c) the organisation is, and has been since 30 June 2021, trading from premises in Queensland; and\n- (d) the organisation has, and on 30 June 2021 had, at least 1 employee in Queensland; and\n- (e) either— (i) the annual turnover of the organisation in Queensland for any of the relevant financial years was more than $75,000; or (ii) both of the following apply— (A) the organisation has operated in Queensland for only part of the 2020–2021 financial year; (B) according to its financial records, the annual turnover of the organisation in Queensland for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (i) the annual turnover of the organisation in Queensland for any of the relevant financial years was more than $75,000; or\n- (ii) both of the following apply— (A) the organisation has operated in Queensland for only part of the 2020–2021 financial year; (B) according to its financial records, the annual turnover of the organisation in Queensland for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (A) the organisation has operated in Queensland for only part of the 2020–2021 financial year;\n- (B) according to its financial records, the annual turnover of the organisation in Queensland for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (f) either— (i) the organisation’s primary activity is an activity listed in ANZSIC under class code 4400, 4511, 4512, 4513, 4520, 4530, 4820, 5010, 7220, 8910, 8921, 8922, 9001, 9003 or 9131; or (ii) both of the following apply— (A) the organisation’s primary activity is an activity listed in ANZSIC under class code 4279, 4621, 4623, 6611, 6619, 6962, 7299 or 9139; (B) the predominant clients for the organisation’s primary activity are tourists; and\n- (i) the organisation’s primary activity is an activity listed in ANZSIC under class code 4400, 4511, 4512, 4513, 4520, 4530, 4820, 5010, 7220, 8910, 8921, 8922, 9001, 9003 or 9131; or\n- (ii) both of the following apply— (A) the organisation’s primary activity is an activity listed in ANZSIC under class code 4279, 4621, 4623, 6611, 6619, 6962, 7299 or 9139; (B) the predominant clients for the organisation’s primary activity are tourists; and\n- (A) the organisation’s primary activity is an activity listed in ANZSIC under class code 4279, 4621, 4623, 6611, 6619, 6962, 7299 or 9139;\n- (B) the predominant clients for the organisation’s primary activity are tourists; and\n- (g) neither the organisation, nor a member of the organisation’s governing body, is an insolvent under administration or is under administration or in receivership or liquidation. Examples of members of the organisation’s governing body— • a director of the organisation • a member of the organisation’s management committee • a trustee of the organisation\n- • a director of the organisation\n- • a member of the organisation’s management committee\n- • a trustee of the organisation\n- (i) holds an Australian Business Number; and\n- (ii) has continuously held the same Australian Business Number since 30 June 2021; and\n- (i) the annual turnover of the organisation in Queensland for any of the relevant financial years was more than $75,000; or\n- (ii) both of the following apply— (A) the organisation has operated in Queensland for only part of the 2020–2021 financial year; (B) according to its financial records, the annual turnover of the organisation in Queensland for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (A) the organisation has operated in Queensland for only part of the 2020–2021 financial year;\n- (B) according to its financial records, the annual turnover of the organisation in Queensland for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (A) the organisation has operated in Queensland for only part of the 2020–2021 financial year;\n- (B) according to its financial records, the annual turnover of the organisation in Queensland for the 2021–2022 financial year can reasonably be expected to be more than $75,000; and\n- (i) the organisation’s primary activity is an activity listed in ANZSIC under class code 4400, 4511, 4512, 4513, 4520, 4530, 4820, 5010, 7220, 8910, 8921, 8922, 9001, 9003 or 9131; or\n- (ii) both of the following apply— (A) the organisation’s primary activity is an activity listed in ANZSIC under class code 4279, 4621, 4623, 6611, 6619, 6962, 7299 or 9139; (B) the predominant clients for the organisation’s primary activity are tourists; and\n- (A) the organisation’s primary activity is an activity listed in ANZSIC under class code 4279, 4621, 4623, 6611, 6619, 6962, 7299 or 9139;\n- (B) the predominant clients for the organisation’s primary activity are tourists; and\n- (A) the organisation’s primary activity is an activity listed in ANZSIC under class code 4279, 4621, 4623, 6611, 6619, 6962, 7299 or 9139;\n- (B) the predominant clients for the organisation’s primary activity are tourists; and\n- • a director of the organisation\n- • a member of the organisation’s management committee\n- • a trustee of the organisation","sortOrder":599},{"sectionNumber":"sch.38-sec.8","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.38-sec.8 Nature and amount of assistance\n\nThe nature of the assistance available to an applicant under this part is the grant of financial assistance for a category A entity.\nThe amount of assistance payable under this part is—\n$30,000, if—\nthe entity’s wages and superannuation amount for a relevant financial year was less than $1,300,000 or the entity has operated in Queensland for only part of the 2020–2021 financial year; and\nparagraphs (b) and (c) do not apply; or\n$50,000, if—\nthe entity’s wages and superannuation amount for a relevant financial year was not less than $1,300,000 but not more than $10,000,000; and\nparagraph (c) does not apply; or\n$100,000, if the entity’s wages and superannuation amount for a relevant financial year was more than $10,000,000.\nThe assistance payable under this part is payable in 2 equal amounts in accordance with section 10 .\nIn this section—\nwages and superannuation amount , of a category A entity for a relevant financial year, means the total of the wages and superannuation paid in Queensland by the entity to its employees during the relevant financial year.\nsch 38 s 8 ins 2021 SL No. 153 s 5\n(sch.38-sec.8-ssec.1) The nature of the assistance available to an applicant under this part is the grant of financial assistance for a category A entity.\n(sch.38-sec.8-ssec.2) The amount of assistance payable under this part is— $30,000, if— the entity’s wages and superannuation amount for a relevant financial year was less than $1,300,000 or the entity has operated in Queensland for only part of the 2020–2021 financial year; and paragraphs (b) and (c) do not apply; or $50,000, if— the entity’s wages and superannuation amount for a relevant financial year was not less than $1,300,000 but not more than $10,000,000; and paragraph (c) does not apply; or $100,000, if the entity’s wages and superannuation amount for a relevant financial year was more than $10,000,000.\n(sch.38-sec.8-ssec.3) The assistance payable under this part is payable in 2 equal amounts in accordance with section 10 .\n(sch.38-sec.8-ssec.4) In this section— wages and superannuation amount , of a category A entity for a relevant financial year, means the total of the wages and superannuation paid in Queensland by the entity to its employees during the relevant financial year.\n- (a) $30,000, if— (i) the entity’s wages and superannuation amount for a relevant financial year was less than $1,300,000 or the entity has operated in Queensland for only part of the 2020–2021 financial year; and (ii) paragraphs (b) and (c) do not apply; or\n- (i) the entity’s wages and superannuation amount for a relevant financial year was less than $1,300,000 or the entity has operated in Queensland for only part of the 2020–2021 financial year; and\n- (ii) paragraphs (b) and (c) do not apply; or\n- (b) $50,000, if— (i) the entity’s wages and superannuation amount for a relevant financial year was not less than $1,300,000 but not more than $10,000,000; and (ii) paragraph (c) does not apply; or\n- (i) the entity’s wages and superannuation amount for a relevant financial year was not less than $1,300,000 but not more than $10,000,000; and\n- (ii) paragraph (c) does not apply; or\n- (c) $100,000, if the entity’s wages and superannuation amount for a relevant financial year was more than $10,000,000.\n- (i) the entity’s wages and superannuation amount for a relevant financial year was less than $1,300,000 or the entity has operated in Queensland for only part of the 2020–2021 financial year; and\n- (ii) paragraphs (b) and (c) do not apply; or\n- (i) the entity’s wages and superannuation amount for a relevant financial year was not less than $1,300,000 but not more than $10,000,000; and\n- (ii) paragraph (c) does not apply; or","sortOrder":600},{"sectionNumber":"sch.38-sec.9","sectionType":"section","heading":"Eligibility criteria","content":"### sch.38-sec.9 Eligibility criteria\n\nFor an applicant to be eligible to receive assistance under this part for a category A entity, the applicant—\nmust be—\nif the entity is a category A business—an owner of the business; or\nthe category A non-profit organisation; and\nmust demonstrate to the satisfaction of the authority that—\nthe entity’s turnover in Queensland for a nominated 7-day period is at least 70% less than the entity’s turnover in Queensland for the comparison period; and\nthe entity has, during the nominated 7-day period, been significantly affected by COVID-19 travel restrictions; and\nmust not have received assistance under part 3 .\nSubsection (3) applies to an applicant who—\nis a sole trader; and\nhas received a COVID-19 disaster payment (Cwlth) in relation to COVID-19 travel restrictions for a particular period.\nThe applicant’s nominated 7-day period may not include, or partly include, the particular period.\nIn this section—\ncomparison period , in relation to a nominated 7-day period, means—\na period—\nin 1 of the relevant financial years chosen by the applicant; and\nthat comprises the same days as the applicant’s nominated 7-day period; or\nIf the applicant’s nominated 7-day period is 1 to 7 August 2021, and the applicant chooses the relevant financial year of 2020–2021, the comparison period would be 1 to 7 August 2020.\nif the authority considers the period mentioned in paragraph (a) is not indicative of the category A entity’s typical weekly turnover unaffected by COVID-19 travel restrictions—another period of 7 consecutive days the authority considers is comparable to the nominated 7-day period.\nthe category A entity was not operating during the period mentioned in paragraph (a)\nthe category A entity’s turnover during the period mentioned in paragraph (a) was affected by a significant event\nCOVID-19 disaster payment (Cwlth) means a payment covered by the Financial Framework (Supplementary Powers) Regulations 1997 (Cwlth) , schedule 1AB , part 4 , item 492.\nnominated 7-day period means a period of any 7 consecutive days that—\nis nominated by the applicant; and\nstarts no earlier than 1 July 2021 and ends no later than 30 September 2021.\nsch 38 s 9 ins 2021 SL No. 153 s 5\n(sch.38-sec.9-ssec.1) For an applicant to be eligible to receive assistance under this part for a category A entity, the applicant— must be— if the entity is a category A business—an owner of the business; or the category A non-profit organisation; and must demonstrate to the satisfaction of the authority that— the entity’s turnover in Queensland for a nominated 7-day period is at least 70% less than the entity’s turnover in Queensland for the comparison period; and the entity has, during the nominated 7-day period, been significantly affected by COVID-19 travel restrictions; and must not have received assistance under part 3 .\n(sch.38-sec.9-ssec.2) Subsection (3) applies to an applicant who— is a sole trader; and has received a COVID-19 disaster payment (Cwlth) in relation to COVID-19 travel restrictions for a particular period.\n(sch.38-sec.9-ssec.3) The applicant’s nominated 7-day period may not include, or partly include, the particular period.\n(sch.38-sec.9-ssec.4) In this section— comparison period , in relation to a nominated 7-day period, means— a period— in 1 of the relevant financial years chosen by the applicant; and that comprises the same days as the applicant’s nominated 7-day period; or If the applicant’s nominated 7-day period is 1 to 7 August 2021, and the applicant chooses the relevant financial year of 2020–2021, the comparison period would be 1 to 7 August 2020. if the authority considers the period mentioned in paragraph (a) is not indicative of the category A entity’s typical weekly turnover unaffected by COVID-19 travel restrictions—another period of 7 consecutive days the authority considers is comparable to the nominated 7-day period. the category A entity was not operating during the period mentioned in paragraph (a) the category A entity’s turnover during the period mentioned in paragraph (a) was affected by a significant event COVID-19 disaster payment (Cwlth) means a payment covered by the Financial Framework (Supplementary Powers) Regulations 1997 (Cwlth) , schedule 1AB , part 4 , item 492. nominated 7-day period means a period of any 7 consecutive days that— is nominated by the applicant; and starts no earlier than 1 July 2021 and ends no later than 30 September 2021.\n- (a) must be— (i) if the entity is a category A business—an owner of the business; or (ii) the category A non-profit organisation; and\n- (i) if the entity is a category A business—an owner of the business; or\n- (ii) the category A non-profit organisation; and\n- (b) must demonstrate to the satisfaction of the authority that— (i) the entity’s turnover in Queensland for a nominated 7-day period is at least 70% less than the entity’s turnover in Queensland for the comparison period; and (ii) the entity has, during the nominated 7-day period, been significantly affected by COVID-19 travel restrictions; and\n- (i) the entity’s turnover in Queensland for a nominated 7-day period is at least 70% less than the entity’s turnover in Queensland for the comparison period; and\n- (ii) the entity has, during the nominated 7-day period, been significantly affected by COVID-19 travel restrictions; and\n- (c) must not have received assistance under part 3 .\n- (i) if the entity is a category A business—an owner of the business; or\n- (ii) the category A non-profit organisation; and\n- (i) the entity’s turnover in Queensland for a nominated 7-day period is at least 70% less than the entity’s turnover in Queensland for the comparison period; and\n- (ii) the entity has, during the nominated 7-day period, been significantly affected by COVID-19 travel restrictions; and\n- (a) is a sole trader; and\n- (b) has received a COVID-19 disaster payment (Cwlth) in relation to COVID-19 travel restrictions for a particular period.\n- (a) a period— (i) in 1 of the relevant financial years chosen by the applicant; and (ii) that comprises the same days as the applicant’s nominated 7-day period; or Example for paragraph (a) — If the applicant’s nominated 7-day period is 1 to 7 August 2021, and the applicant chooses the relevant financial year of 2020–2021, the comparison period would be 1 to 7 August 2020.\n- (i) in 1 of the relevant financial years chosen by the applicant; and\n- (ii) that comprises the same days as the applicant’s nominated 7-day period; or\n- (b) if the authority considers the period mentioned in paragraph (a) is not indicative of the category A entity’s typical weekly turnover unaffected by COVID-19 travel restrictions—another period of 7 consecutive days the authority considers is comparable to the nominated 7-day period. Examples of circumstances in which paragraph (b) may apply— • the category A entity was not operating during the period mentioned in paragraph (a) • the category A entity’s turnover during the period mentioned in paragraph (a) was affected by a significant event\n- • the category A entity was not operating during the period mentioned in paragraph (a)\n- • the category A entity’s turnover during the period mentioned in paragraph (a) was affected by a significant event\n- (i) in 1 of the relevant financial years chosen by the applicant; and\n- (ii) that comprises the same days as the applicant’s nominated 7-day period; or\n- • the category A entity was not operating during the period mentioned in paragraph (a)\n- • the category A entity’s turnover during the period mentioned in paragraph (a) was affected by a significant event\n- (a) is nominated by the applicant; and\n- (b) starts no earlier than 1 July 2021 and ends no later than 30 September 2021.","sortOrder":601},{"sectionNumber":"sch.38-sec.10","sectionType":"section","heading":"Payment of assistance","content":"### sch.38-sec.10 Payment of assistance\n\nAssistance under this part is payable to an applicant as follows—\nhalf of the amount is payable (the part 2 first payment ) on the authority approving the application under section 21 ;\nthe remaining half of the amount is payable (the part 2 second payment ) on the authority being satisfied the business or non-profit organisation to which the application relates has, on 8 November 2021, at least 1 employee.\nsch 38 s 10 ins 2021 SL No. 153 s 5\n- (a) half of the amount is payable (the part 2 first payment ) on the authority approving the application under section 21 ;\n- (b) the remaining half of the amount is payable (the part 2 second payment ) on the authority being satisfied the business or non-profit organisation to which the application relates has, on 8 November 2021, at least 1 employee.","sortOrder":602},{"sectionNumber":"sch.38-pt.3","sectionType":"part","heading":"Major tourism experiences hardship grants","content":"# Major tourism experiences hardship grants","sortOrder":603},{"sectionNumber":"sch.38-sec.11","sectionType":"section","heading":"Definitions for part","content":"### sch.38-sec.11 Definitions for part\n\nIn this part—\nassociated entity , of an owner of a business, means—\nif the owner is a body corporate—a related body corporate; or\nan entity that, in relation to its business affairs, acts or could reasonably be expected to act—\nin accordance with the owner’s directions or wishes; or\nin concert with the owner; or\nan entity that the authority reasonably considers is associated with the owner in relation to its business affairs.\nbusiness collection see section 15 .\ncategory B business see section 12 .\ncategory B entity means—\na category B business; or\na category B non-profit organisation.\ncategory B non-profit organisation see section 14 .\ncategory C business see section 13 .\nowner , of a business, means an entity that has control and responsibility for conducting the business, either directly or through an associated entity of the entity.\nrelated body corporate see the Corporations Act , section 9 .\nsch 38 s 11 ins 2021 SL No. 153 s 5\n- (a) if the owner is a body corporate—a related body corporate; or\n- (b) an entity that, in relation to its business affairs, acts or could reasonably be expected to act— (i) in accordance with the owner’s directions or wishes; or (ii) in concert with the owner; or\n- (i) in accordance with the owner’s directions or wishes; or\n- (ii) in concert with the owner; or\n- (c) an entity that the authority reasonably considers is associated with the owner in relation to its business affairs.\n- (i) in accordance with the owner’s directions or wishes; or\n- (ii) in concert with the owner; or\n- (a) a category B business; or\n- (b) a category B non-profit organisation.","sortOrder":604},{"sectionNumber":"sch.38-sec.12","sectionType":"section","heading":"Meaning of category B business","content":"### sch.38-sec.12 Meaning of category B business\n\nA business is a category B business if—\nan entity—\nholds an Australian Business Number for the business; and\nhas continuously held the same Australian Business Number for the business since 30 June 2021; and\nthe business is registered for GST; and\nthe business is, and has been since 30 June 2021, trading from premises in Queensland; and\non 30 June 2021, the business had at least 50 employees in Queensland; and\neach of the employees mentioned in paragraph (d) who was a casual or temporary employee had been employed by the business in Queensland for at least 12 months immediately before 30 June 2021; and\neither—\nthe annual turnover of the business in Queensland for any of the relevant financial years was not less than $25,000,000; or\nboth of the following apply—\nthe business has operated in Queensland for only part of the 2020–2021 financial year;\naccording to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and\nthe business’s primary activity is an activity listed in ANZSIC under class code 4820, 5010, 8921, 8922, 9131 or 9139; and\nthe predominant clients for the business’s primary activity are tourists; and\nnone of the following entities is an insolvent under administration or is under administration or in receivership or liquidation—\nthe business;\nif the owner of the business is a sole trader—the owner;\nif an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust;\nan associated entity of an owner of the business.\nHowever, a business is not a category B business if the business is an excluded business.\nsch 38 s 12 ins 2021 SL No. 153 s 5\n(sch.38-sec.12-ssec.1) A business is a category B business if— an entity— holds an Australian Business Number for the business; and has continuously held the same Australian Business Number for the business since 30 June 2021; and the business is registered for GST; and the business is, and has been since 30 June 2021, trading from premises in Queensland; and on 30 June 2021, the business had at least 50 employees in Queensland; and each of the employees mentioned in paragraph (d) who was a casual or temporary employee had been employed by the business in Queensland for at least 12 months immediately before 30 June 2021; and either— the annual turnover of the business in Queensland for any of the relevant financial years was not less than $25,000,000; or both of the following apply— the business has operated in Queensland for only part of the 2020–2021 financial year; according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and the business’s primary activity is an activity listed in ANZSIC under class code 4820, 5010, 8921, 8922, 9131 or 9139; and the predominant clients for the business’s primary activity are tourists; and none of the following entities is an insolvent under administration or is under administration or in receivership or liquidation— the business; if the owner of the business is a sole trader—the owner; if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust; an associated entity of an owner of the business.\n(sch.38-sec.12-ssec.2) However, a business is not a category B business if the business is an excluded business.\n- (a) an entity— (i) holds an Australian Business Number for the business; and (ii) has continuously held the same Australian Business Number for the business since 30 June 2021; and\n- (i) holds an Australian Business Number for the business; and\n- (ii) has continuously held the same Australian Business Number for the business since 30 June 2021; and\n- (b) the business is registered for GST; and\n- (c) the business is, and has been since 30 June 2021, trading from premises in Queensland; and\n- (d) on 30 June 2021, the business had at least 50 employees in Queensland; and\n- (e) each of the employees mentioned in paragraph (d) who was a casual or temporary employee had been employed by the business in Queensland for at least 12 months immediately before 30 June 2021; and\n- (f) either— (i) the annual turnover of the business in Queensland for any of the relevant financial years was not less than $25,000,000; or (ii) both of the following apply— (A) the business has operated in Queensland for only part of the 2020–2021 financial year; (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and\n- (i) the annual turnover of the business in Queensland for any of the relevant financial years was not less than $25,000,000; or\n- (ii) both of the following apply— (A) the business has operated in Queensland for only part of the 2020–2021 financial year; (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and\n- (A) the business has operated in Queensland for only part of the 2020–2021 financial year;\n- (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and\n- (g) the business’s primary activity is an activity listed in ANZSIC under class code 4820, 5010, 8921, 8922, 9131 or 9139; and\n- (h) the predominant clients for the business’s primary activity are tourists; and\n- (i) none of the following entities is an insolvent under administration or is under administration or in receivership or liquidation— (i) the business; (ii) if the owner of the business is a sole trader—the owner; (iii) if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust; (iv) an associated entity of an owner of the business.\n- (i) the business;\n- (ii) if the owner of the business is a sole trader—the owner;\n- (iii) if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust;\n- (iv) an associated entity of an owner of the business.\n- (i) holds an Australian Business Number for the business; and\n- (ii) has continuously held the same Australian Business Number for the business since 30 June 2021; and\n- (i) the annual turnover of the business in Queensland for any of the relevant financial years was not less than $25,000,000; or\n- (ii) both of the following apply— (A) the business has operated in Queensland for only part of the 2020–2021 financial year; (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and\n- (A) the business has operated in Queensland for only part of the 2020–2021 financial year;\n- (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and\n- (A) the business has operated in Queensland for only part of the 2020–2021 financial year;\n- (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and\n- (i) the business;\n- (ii) if the owner of the business is a sole trader—the owner;\n- (iii) if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust;\n- (iv) an associated entity of an owner of the business.","sortOrder":605},{"sectionNumber":"sch.38-sec.13","sectionType":"section","heading":"Meaning of category C business","content":"### sch.38-sec.13 Meaning of category C business\n\nA business is a category C business if—\nan entity—\nholds an Australian Business Number for the business; and\nhas continuously held the same Australian Business Number for the business since 30 June 2021; and\nthe business is registered for GST; and\nthe business is, and has been since 30 June 2021, trading from premises in Queensland; and\nthe business’s primary activity is an activity listed in ANZSIC under class code 4820, 5010, 8921, 8922, 9131 or 9139; and\nthe predominant clients for the business’s primary activity are tourists; and\nnone of the following entities is an insolvent under administration or is under administration or in receivership or liquidation—\nthe business;\nif the owner of the business is a sole trader—the owner;\nif an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust;\nan associated entity of an owner of the business.\nHowever, a business is not a category C business if the business is a category B business or an excluded business.\nsch 38 s 13 ins 2021 SL No. 153 s 5\n(sch.38-sec.13-ssec.1) A business is a category C business if— an entity— holds an Australian Business Number for the business; and has continuously held the same Australian Business Number for the business since 30 June 2021; and the business is registered for GST; and the business is, and has been since 30 June 2021, trading from premises in Queensland; and the business’s primary activity is an activity listed in ANZSIC under class code 4820, 5010, 8921, 8922, 9131 or 9139; and the predominant clients for the business’s primary activity are tourists; and none of the following entities is an insolvent under administration or is under administration or in receivership or liquidation— the business; if the owner of the business is a sole trader—the owner; if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust; an associated entity of an owner of the business.\n(sch.38-sec.13-ssec.2) However, a business is not a category C business if the business is a category B business or an excluded business.\n- (a) an entity— (i) holds an Australian Business Number for the business; and (ii) has continuously held the same Australian Business Number for the business since 30 June 2021; and\n- (i) holds an Australian Business Number for the business; and\n- (ii) has continuously held the same Australian Business Number for the business since 30 June 2021; and\n- (b) the business is registered for GST; and\n- (c) the business is, and has been since 30 June 2021, trading from premises in Queensland; and\n- (d) the business’s primary activity is an activity listed in ANZSIC under class code 4820, 5010, 8921, 8922, 9131 or 9139; and\n- (e) the predominant clients for the business’s primary activity are tourists; and\n- (f) none of the following entities is an insolvent under administration or is under administration or in receivership or liquidation— (i) the business; (ii) if the owner of the business is a sole trader—the owner; (iii) if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust; (iv) an associated entity of an owner of the business.\n- (i) the business;\n- (ii) if the owner of the business is a sole trader—the owner;\n- (iii) if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust;\n- (iv) an associated entity of an owner of the business.\n- (i) holds an Australian Business Number for the business; and\n- (ii) has continuously held the same Australian Business Number for the business since 30 June 2021; and\n- (i) the business;\n- (ii) if the owner of the business is a sole trader—the owner;\n- (iii) if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust;\n- (iv) an associated entity of an owner of the business.","sortOrder":606},{"sectionNumber":"sch.38-sec.14","sectionType":"section","heading":"Meaning of category B non-profit organisation","content":"### sch.38-sec.14 Meaning of category B non-profit organisation\n\nA non-profit organisation is a category B non-profit organisation if—\nthe organisation—\nholds an Australian Business Number; and\nhas continuously held the same Australian Business Number since 30 June 2021; and\nthe organisation is registered for GST; and\nthe organisation is, and has been since 30 June 2021, trading from premises in Queensland; and\non 30 June 2021, the business had at least 50 employees in Queensland; and\neach of the employees mentioned in paragraph (d) who was a casual or temporary employee had been employed by the organisation in Queensland for at least 12 months immediately before 30 June 2021; and\neither—\nthe annual turnover of the organisation in Queensland for any of the relevant financial years was not less than $25,000,000; or\nboth of the following apply—\nthe organisation has operated in Queensland for only part of the 2020–2021 financial year;\naccording to its financial records, the annual turnover of the organisation in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and\nthe organisation’s primary activity is an activity listed in ANZSIC under class code 4820, 5010, 8921, 8922, 9131 or 9139; and\nthe predominant clients for the organisation’s primary activity are tourists; and\nneither the organisation, nor a member of the organisation’s governing body, is an insolvent under administration or is under administration or in receivership or liquidation.\na director of the organisation\na member of the organisation’s management committee\na trustee of the organisation\nHowever, a non-profit organisation is not a category B non-profit organisation if the non-profit organisation is an excluded non-profit organisation.\nsch 38 s 14 ins 2021 SL No. 153 s 5\n(sch.38-sec.14-ssec.1) A non-profit organisation is a category B non-profit organisation if— the organisation— holds an Australian Business Number; and has continuously held the same Australian Business Number since 30 June 2021; and the organisation is registered for GST; and the organisation is, and has been since 30 June 2021, trading from premises in Queensland; and on 30 June 2021, the business had at least 50 employees in Queensland; and each of the employees mentioned in paragraph (d) who was a casual or temporary employee had been employed by the organisation in Queensland for at least 12 months immediately before 30 June 2021; and either— the annual turnover of the organisation in Queensland for any of the relevant financial years was not less than $25,000,000; or both of the following apply— the organisation has operated in Queensland for only part of the 2020–2021 financial year; according to its financial records, the annual turnover of the organisation in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and the organisation’s primary activity is an activity listed in ANZSIC under class code 4820, 5010, 8921, 8922, 9131 or 9139; and the predominant clients for the organisation’s primary activity are tourists; and neither the organisation, nor a member of the organisation’s governing body, is an insolvent under administration or is under administration or in receivership or liquidation. a director of the organisation a member of the organisation’s management committee a trustee of the organisation\n(sch.38-sec.14-ssec.2) However, a non-profit organisation is not a category B non-profit organisation if the non-profit organisation is an excluded non-profit organisation.\n- (a) the organisation— (i) holds an Australian Business Number; and (ii) has continuously held the same Australian Business Number since 30 June 2021; and\n- (i) holds an Australian Business Number; and\n- (ii) has continuously held the same Australian Business Number since 30 June 2021; and\n- (b) the organisation is registered for GST; and\n- (c) the organisation is, and has been since 30 June 2021, trading from premises in Queensland; and\n- (d) on 30 June 2021, the business had at least 50 employees in Queensland; and\n- (e) each of the employees mentioned in paragraph (d) who was a casual or temporary employee had been employed by the organisation in Queensland for at least 12 months immediately before 30 June 2021; and\n- (f) either— (i) the annual turnover of the organisation in Queensland for any of the relevant financial years was not less than $25,000,000; or (ii) both of the following apply— (A) the organisation has operated in Queensland for only part of the 2020–2021 financial year; (B) according to its financial records, the annual turnover of the organisation in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and\n- (i) the annual turnover of the organisation in Queensland for any of the relevant financial years was not less than $25,000,000; or\n- (ii) both of the following apply— (A) the organisation has operated in Queensland for only part of the 2020–2021 financial year; (B) according to its financial records, the annual turnover of the organisation in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and\n- (A) the organisation has operated in Queensland for only part of the 2020–2021 financial year;\n- (B) according to its financial records, the annual turnover of the organisation in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and\n- (g) the organisation’s primary activity is an activity listed in ANZSIC under class code 4820, 5010, 8921, 8922, 9131 or 9139; and\n- (h) the predominant clients for the organisation’s primary activity are tourists; and\n- (i) neither the organisation, nor a member of the organisation’s governing body, is an insolvent under administration or is under administration or in receivership or liquidation. Examples of members of the organisation’s governing body— • a director of the organisation • a member of the organisation’s management committee • a trustee of the organisation\n- • a director of the organisation\n- • a member of the organisation’s management committee\n- • a trustee of the organisation\n- (i) holds an Australian Business Number; and\n- (ii) has continuously held the same Australian Business Number since 30 June 2021; and\n- (i) the annual turnover of the organisation in Queensland for any of the relevant financial years was not less than $25,000,000; or\n- (ii) both of the following apply— (A) the organisation has operated in Queensland for only part of the 2020–2021 financial year; (B) according to its financial records, the annual turnover of the organisation in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and\n- (A) the organisation has operated in Queensland for only part of the 2020–2021 financial year;\n- (B) according to its financial records, the annual turnover of the organisation in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and\n- (A) the organisation has operated in Queensland for only part of the 2020–2021 financial year;\n- (B) according to its financial records, the annual turnover of the organisation in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and\n- • a director of the organisation\n- • a member of the organisation’s management committee\n- • a trustee of the organisation","sortOrder":607},{"sectionNumber":"sch.38-sec.15","sectionType":"section","heading":"Meaning of business collection","content":"### sch.38-sec.15 Meaning of business collection\n\nTwo or more businesses are a business collection if—\neither—\neach of the businesses is owned by the same owner; or\n1 or more of the businesses is owned by more than 1 owner, but each of the businesses has at least 1 owner in common; and\n1 of the following applies—\neach of the businesses is a category B business;\neach of the businesses is a category B business or a category C business, but at least 1 is a category B business and at least 1 is a category C business;\neach of the businesses is a category C business and the requirements mentioned in subsection (2) are met in relation to the businesses.\nFor subsection (1) (b) (iii) , the requirements are—\non 30 June 2021, the category C businesses had a combined total of at least 50 employees in Queensland; and\neach of the employees mentioned in paragraph (a) who was a casual or temporary employee had been employed by 1 of the category C businesses in Queensland for at least 12 months immediately before 30 June 2021; and\neither—\nif all of the category C businesses have operated in Queensland for only part of the 2020–2021 financial year—according to the financial records of the category C businesses, the combined total of the annual turnover of the category C businesses in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; or\notherwise—the combined total of the annual turnover of the category C businesses in Queensland for any of the relevant financial years was not less than $25,000,000.\nsch 38 s 15 ins 2021 SL No. 153 s 5\n(sch.38-sec.15-ssec.1) Two or more businesses are a business collection if— either— each of the businesses is owned by the same owner; or 1 or more of the businesses is owned by more than 1 owner, but each of the businesses has at least 1 owner in common; and 1 of the following applies— each of the businesses is a category B business; each of the businesses is a category B business or a category C business, but at least 1 is a category B business and at least 1 is a category C business; each of the businesses is a category C business and the requirements mentioned in subsection (2) are met in relation to the businesses.\n(sch.38-sec.15-ssec.2) For subsection (1) (b) (iii) , the requirements are— on 30 June 2021, the category C businesses had a combined total of at least 50 employees in Queensland; and each of the employees mentioned in paragraph (a) who was a casual or temporary employee had been employed by 1 of the category C businesses in Queensland for at least 12 months immediately before 30 June 2021; and either— if all of the category C businesses have operated in Queensland for only part of the 2020–2021 financial year—according to the financial records of the category C businesses, the combined total of the annual turnover of the category C businesses in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; or otherwise—the combined total of the annual turnover of the category C businesses in Queensland for any of the relevant financial years was not less than $25,000,000.\n- (a) either— (i) each of the businesses is owned by the same owner; or (ii) 1 or more of the businesses is owned by more than 1 owner, but each of the businesses has at least 1 owner in common; and\n- (i) each of the businesses is owned by the same owner; or\n- (ii) 1 or more of the businesses is owned by more than 1 owner, but each of the businesses has at least 1 owner in common; and\n- (b) 1 of the following applies— (i) each of the businesses is a category B business; (ii) each of the businesses is a category B business or a category C business, but at least 1 is a category B business and at least 1 is a category C business; (iii) each of the businesses is a category C business and the requirements mentioned in subsection (2) are met in relation to the businesses.\n- (i) each of the businesses is a category B business;\n- (ii) each of the businesses is a category B business or a category C business, but at least 1 is a category B business and at least 1 is a category C business;\n- (iii) each of the businesses is a category C business and the requirements mentioned in subsection (2) are met in relation to the businesses.\n- (i) each of the businesses is owned by the same owner; or\n- (ii) 1 or more of the businesses is owned by more than 1 owner, but each of the businesses has at least 1 owner in common; and\n- (i) each of the businesses is a category B business;\n- (ii) each of the businesses is a category B business or a category C business, but at least 1 is a category B business and at least 1 is a category C business;\n- (iii) each of the businesses is a category C business and the requirements mentioned in subsection (2) are met in relation to the businesses.\n- (a) on 30 June 2021, the category C businesses had a combined total of at least 50 employees in Queensland; and\n- (b) each of the employees mentioned in paragraph (a) who was a casual or temporary employee had been employed by 1 of the category C businesses in Queensland for at least 12 months immediately before 30 June 2021; and\n- (c) either— (i) if all of the category C businesses have operated in Queensland for only part of the 2020–2021 financial year—according to the financial records of the category C businesses, the combined total of the annual turnover of the category C businesses in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; or (ii) otherwise—the combined total of the annual turnover of the category C businesses in Queensland for any of the relevant financial years was not less than $25,000,000.\n- (i) if all of the category C businesses have operated in Queensland for only part of the 2020–2021 financial year—according to the financial records of the category C businesses, the combined total of the annual turnover of the category C businesses in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; or\n- (ii) otherwise—the combined total of the annual turnover of the category C businesses in Queensland for any of the relevant financial years was not less than $25,000,000.\n- (i) if all of the category C businesses have operated in Queensland for only part of the 2020–2021 financial year—according to the financial records of the category C businesses, the combined total of the annual turnover of the category C businesses in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; or\n- (ii) otherwise—the combined total of the annual turnover of the category C businesses in Queensland for any of the relevant financial years was not less than $25,000,000.","sortOrder":608},{"sectionNumber":"sch.38-sec.16","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.38-sec.16 Nature and amount of assistance\n\nThe nature of the assistance available to an applicant under this part is the grant of financial assistance for—\na category B entity; or\na business collection.\nThe amount of assistance payable under this part in relation to a category B entity is—\n$2,000,000, if—\nthe entity’s annual turnover in Queensland for any of the relevant financial years was not less than $25,000,000 or the entity has operated in Queensland for only part of the 2020–2021 financial year; and\non 30 June 2021, the entity had at least 50 employees in Queensland; and\nparagraphs (b) and (c) do not apply; or\n$3,000,000, if—\nthe entity’s annual turnover in Queensland for any of the relevant financial years was not less than $100,000,000; and\non 30 June 2021, the entity had at least 200 employees in Queensland; and\nparagraph (c) does not apply; or\n$4,000,000, if—\nthe entity’s annual turnover in Queensland for any of the relevant financial years was not less than $200,000,000; and\non 30 June 2021, the entity had at least 500 employees in Queensland.\nThe amount of assistance payable under this part in relation to a business collection is—\n$2,000,000, if—\nthe combined total of the collection’s annual turnover in Queensland for any of the relevant financial years was not less than $25,000,000 or all of the businesses comprising the collection have operated in Queensland for only part of the 2020–2021 financial year; and\non 30 June 2021, the collection had a combined total of at least 50 employees in Queensland; and\nparagraphs (b) and (c) do not apply; or\n$3,000,000, if—\nthe combined total of the collection’s annual turnover in Queensland for any of the relevant financial years was not less than $100,000,000; and\non 30 June 2021, the collection had a combined total of at least 200 employees in Queensland; and\nparagraph (c) does not apply; or\n$4,000,000, if—\nthe combined total of the collection’s annual turnover in Queensland for any of the relevant financial years was not less than $200,000,000; and\non 30 June 2021, the collection had a combined total of at least 500 employees in Queensland.\nsch 38 s 16 ins 2021 SL No. 153 s 5\n(sch.38-sec.16-ssec.1) The nature of the assistance available to an applicant under this part is the grant of financial assistance for— a category B entity; or a business collection.\n(sch.38-sec.16-ssec.2) The amount of assistance payable under this part in relation to a category B entity is— $2,000,000, if— the entity’s annual turnover in Queensland for any of the relevant financial years was not less than $25,000,000 or the entity has operated in Queensland for only part of the 2020–2021 financial year; and on 30 June 2021, the entity had at least 50 employees in Queensland; and paragraphs (b) and (c) do not apply; or $3,000,000, if— the entity’s annual turnover in Queensland for any of the relevant financial years was not less than $100,000,000; and on 30 June 2021, the entity had at least 200 employees in Queensland; and paragraph (c) does not apply; or $4,000,000, if— the entity’s annual turnover in Queensland for any of the relevant financial years was not less than $200,000,000; and on 30 June 2021, the entity had at least 500 employees in Queensland.\n(sch.38-sec.16-ssec.3) The amount of assistance payable under this part in relation to a business collection is— $2,000,000, if— the combined total of the collection’s annual turnover in Queensland for any of the relevant financial years was not less than $25,000,000 or all of the businesses comprising the collection have operated in Queensland for only part of the 2020–2021 financial year; and on 30 June 2021, the collection had a combined total of at least 50 employees in Queensland; and paragraphs (b) and (c) do not apply; or $3,000,000, if— the combined total of the collection’s annual turnover in Queensland for any of the relevant financial years was not less than $100,000,000; and on 30 June 2021, the collection had a combined total of at least 200 employees in Queensland; and paragraph (c) does not apply; or $4,000,000, if— the combined total of the collection’s annual turnover in Queensland for any of the relevant financial years was not less than $200,000,000; and on 30 June 2021, the collection had a combined total of at least 500 employees in Queensland.\n- (a) a category B entity; or\n- (b) a business collection.\n- (a) $2,000,000, if— (i) the entity’s annual turnover in Queensland for any of the relevant financial years was not less than $25,000,000 or the entity has operated in Queensland for only part of the 2020–2021 financial year; and (ii) on 30 June 2021, the entity had at least 50 employees in Queensland; and (iii) paragraphs (b) and (c) do not apply; or\n- (i) the entity’s annual turnover in Queensland for any of the relevant financial years was not less than $25,000,000 or the entity has operated in Queensland for only part of the 2020–2021 financial year; and\n- (ii) on 30 June 2021, the entity had at least 50 employees in Queensland; and\n- (iii) paragraphs (b) and (c) do not apply; or\n- (b) $3,000,000, if— (i) the entity’s annual turnover in Queensland for any of the relevant financial years was not less than $100,000,000; and (ii) on 30 June 2021, the entity had at least 200 employees in Queensland; and (iii) paragraph (c) does not apply; or\n- (i) the entity’s annual turnover in Queensland for any of the relevant financial years was not less than $100,000,000; and\n- (ii) on 30 June 2021, the entity had at least 200 employees in Queensland; and\n- (iii) paragraph (c) does not apply; or\n- (c) $4,000,000, if— (i) the entity’s annual turnover in Queensland for any of the relevant financial years was not less than $200,000,000; and (ii) on 30 June 2021, the entity had at least 500 employees in Queensland.\n- (i) the entity’s annual turnover in Queensland for any of the relevant financial years was not less than $200,000,000; and\n- (ii) on 30 June 2021, the entity had at least 500 employees in Queensland.\n- (i) the entity’s annual turnover in Queensland for any of the relevant financial years was not less than $25,000,000 or the entity has operated in Queensland for only part of the 2020–2021 financial year; and\n- (ii) on 30 June 2021, the entity had at least 50 employees in Queensland; and\n- (iii) paragraphs (b) and (c) do not apply; or\n- (i) the entity’s annual turnover in Queensland for any of the relevant financial years was not less than $100,000,000; and\n- (ii) on 30 June 2021, the entity had at least 200 employees in Queensland; and\n- (iii) paragraph (c) does not apply; or\n- (i) the entity’s annual turnover in Queensland for any of the relevant financial years was not less than $200,000,000; and\n- (ii) on 30 June 2021, the entity had at least 500 employees in Queensland.\n- (a) $2,000,000, if— (i) the combined total of the collection’s annual turnover in Queensland for any of the relevant financial years was not less than $25,000,000 or all of the businesses comprising the collection have operated in Queensland for only part of the 2020–2021 financial year; and (ii) on 30 June 2021, the collection had a combined total of at least 50 employees in Queensland; and (iii) paragraphs (b) and (c) do not apply; or\n- (i) the combined total of the collection’s annual turnover in Queensland for any of the relevant financial years was not less than $25,000,000 or all of the businesses comprising the collection have operated in Queensland for only part of the 2020–2021 financial year; and\n- (ii) on 30 June 2021, the collection had a combined total of at least 50 employees in Queensland; and\n- (iii) paragraphs (b) and (c) do not apply; or\n- (b) $3,000,000, if— (i) the combined total of the collection’s annual turnover in Queensland for any of the relevant financial years was not less than $100,000,000; and (ii) on 30 June 2021, the collection had a combined total of at least 200 employees in Queensland; and (iii) paragraph (c) does not apply; or\n- (i) the combined total of the collection’s annual turnover in Queensland for any of the relevant financial years was not less than $100,000,000; and\n- (ii) on 30 June 2021, the collection had a combined total of at least 200 employees in Queensland; and\n- (iii) paragraph (c) does not apply; or\n- (c) $4,000,000, if— (i) the combined total of the collection’s annual turnover in Queensland for any of the relevant financial years was not less than $200,000,000; and (ii) on 30 June 2021, the collection had a combined total of at least 500 employees in Queensland.\n- (i) the combined total of the collection’s annual turnover in Queensland for any of the relevant financial years was not less than $200,000,000; and\n- (ii) on 30 June 2021, the collection had a combined total of at least 500 employees in Queensland.\n- (i) the combined total of the collection’s annual turnover in Queensland for any of the relevant financial years was not less than $25,000,000 or all of the businesses comprising the collection have operated in Queensland for only part of the 2020–2021 financial year; and\n- (ii) on 30 June 2021, the collection had a combined total of at least 50 employees in Queensland; and\n- (iii) paragraphs (b) and (c) do not apply; or\n- (i) the combined total of the collection’s annual turnover in Queensland for any of the relevant financial years was not less than $100,000,000; and\n- (ii) on 30 June 2021, the collection had a combined total of at least 200 employees in Queensland; and\n- (iii) paragraph (c) does not apply; or\n- (i) the combined total of the collection’s annual turnover in Queensland for any of the relevant financial years was not less than $200,000,000; and\n- (ii) on 30 June 2021, the collection had a combined total of at least 500 employees in Queensland.","sortOrder":609},{"sectionNumber":"sch.38-sec.17","sectionType":"section","heading":"Eligibility criteria","content":"### sch.38-sec.17 Eligibility criteria\n\nFor an applicant to be eligible to receive assistance under this part for a category B entity, the applicant—\nmust be—\nif the entity is a category B business—an owner of the business; or\nthe category B non-profit organisation; and\nmust demonstrate to the satisfaction of the authority that—\nthe category B entity’s turnover in Queensland for the relevant period is at least 50% less than the entity’s turnover for the comparison period; and\nthe entity has, during the relevant period, been significantly affected by COVID-19 travel restrictions; and\nmust not have received assistance under part 2 .\nHowever, an applicant may not receive assistance for a category B business if it is a business for which the applicant or another applicant has received assistance under this part as a business that is part of a business collection.\nFor an applicant to be eligible to receive assistance under this part for a business collection—\nthe applicant must be an owner of each of the businesses comprising the collection; and\nthe applicant must demonstrate to the satisfaction of the authority that—\nthe combined total turnover in Queensland of the businesses comprising the collection for the relevant period is at least 50% less than the businesses’ combined total turnover in Queensland for the comparison period; and\nthe collection has, during the relevant period, been significantly affected by COVID-19 travel restrictions; and\nthe applicant must not have received assistance under part 2 .\nHowever, an applicant may not receive assistance for a business collection if at least 1 of the businesses comprising the collection is a business for which the applicant or another applicant has received assistance under this part as—\na category B business; or\npart of another business collection.\nIn this section—\ncomparison period , in relation to the relevant period, means—\na period—\nin 1 of the relevant financial years chosen by the applicant; and\nthat comprises the same days as the relevant period; or\nIf the applicant chooses the relevant financial year of 2020–2021, the comparison period would be 1 July 2020 to 30 September 2020.\nif the authority considers the period mentioned in paragraph (a) is not indicative of the typical turnover of the category B entity or business collection in the relevant period unaffected by COVID-19 travel restrictions—another period of 90 consecutive days the authority considers is comparable to the relevant period.\nfor an application in relation to a category B entity—the entity was not operating during the period mentioned in paragraph (a)\nfor an application in relation to a business collection—the combined total turnover of the businesses comprising the collection during the period mentioned in paragraph (a) was affected by a significant event\nrelevant period means the period 1 July 2021 to 30 September 2021.\nsch 38 s 17 ins 2021 SL No. 153 s 5\n(sch.38-sec.17-ssec.1) For an applicant to be eligible to receive assistance under this part for a category B entity, the applicant— must be— if the entity is a category B business—an owner of the business; or the category B non-profit organisation; and must demonstrate to the satisfaction of the authority that— the category B entity’s turnover in Queensland for the relevant period is at least 50% less than the entity’s turnover for the comparison period; and the entity has, during the relevant period, been significantly affected by COVID-19 travel restrictions; and must not have received assistance under part 2 .\n(sch.38-sec.17-ssec.2) However, an applicant may not receive assistance for a category B business if it is a business for which the applicant or another applicant has received assistance under this part as a business that is part of a business collection.\n(sch.38-sec.17-ssec.3) For an applicant to be eligible to receive assistance under this part for a business collection— the applicant must be an owner of each of the businesses comprising the collection; and the applicant must demonstrate to the satisfaction of the authority that— the combined total turnover in Queensland of the businesses comprising the collection for the relevant period is at least 50% less than the businesses’ combined total turnover in Queensland for the comparison period; and the collection has, during the relevant period, been significantly affected by COVID-19 travel restrictions; and the applicant must not have received assistance under part 2 .\n(sch.38-sec.17-ssec.4) However, an applicant may not receive assistance for a business collection if at least 1 of the businesses comprising the collection is a business for which the applicant or another applicant has received assistance under this part as— a category B business; or part of another business collection.\n(sch.38-sec.17-ssec.5) In this section— comparison period , in relation to the relevant period, means— a period— in 1 of the relevant financial years chosen by the applicant; and that comprises the same days as the relevant period; or If the applicant chooses the relevant financial year of 2020–2021, the comparison period would be 1 July 2020 to 30 September 2020. if the authority considers the period mentioned in paragraph (a) is not indicative of the typical turnover of the category B entity or business collection in the relevant period unaffected by COVID-19 travel restrictions—another period of 90 consecutive days the authority considers is comparable to the relevant period. for an application in relation to a category B entity—the entity was not operating during the period mentioned in paragraph (a) for an application in relation to a business collection—the combined total turnover of the businesses comprising the collection during the period mentioned in paragraph (a) was affected by a significant event relevant period means the period 1 July 2021 to 30 September 2021.\n- (a) must be— (i) if the entity is a category B business—an owner of the business; or (ii) the category B non-profit organisation; and\n- (i) if the entity is a category B business—an owner of the business; or\n- (ii) the category B non-profit organisation; and\n- (b) must demonstrate to the satisfaction of the authority that— (i) the category B entity’s turnover in Queensland for the relevant period is at least 50% less than the entity’s turnover for the comparison period; and (ii) the entity has, during the relevant period, been significantly affected by COVID-19 travel restrictions; and\n- (i) the category B entity’s turnover in Queensland for the relevant period is at least 50% less than the entity’s turnover for the comparison period; and\n- (ii) the entity has, during the relevant period, been significantly affected by COVID-19 travel restrictions; and\n- (c) must not have received assistance under part 2 .\n- (i) if the entity is a category B business—an owner of the business; or\n- (ii) the category B non-profit organisation; and\n- (i) the category B entity’s turnover in Queensland for the relevant period is at least 50% less than the entity’s turnover for the comparison period; and\n- (ii) the entity has, during the relevant period, been significantly affected by COVID-19 travel restrictions; and\n- (a) the applicant must be an owner of each of the businesses comprising the collection; and\n- (b) the applicant must demonstrate to the satisfaction of the authority that— (i) the combined total turnover in Queensland of the businesses comprising the collection for the relevant period is at least 50% less than the businesses’ combined total turnover in Queensland for the comparison period; and (ii) the collection has, during the relevant period, been significantly affected by COVID-19 travel restrictions; and\n- (i) the combined total turnover in Queensland of the businesses comprising the collection for the relevant period is at least 50% less than the businesses’ combined total turnover in Queensland for the comparison period; and\n- (ii) the collection has, during the relevant period, been significantly affected by COVID-19 travel restrictions; and\n- (c) the applicant must not have received assistance under part 2 .\n- (i) the combined total turnover in Queensland of the businesses comprising the collection for the relevant period is at least 50% less than the businesses’ combined total turnover in Queensland for the comparison period; and\n- (ii) the collection has, during the relevant period, been significantly affected by COVID-19 travel restrictions; and\n- (a) a category B business; or\n- (b) part of another business collection.\n- (a) a period— (i) in 1 of the relevant financial years chosen by the applicant; and (ii) that comprises the same days as the relevant period; or Example for paragraph (a) — If the applicant chooses the relevant financial year of 2020–2021, the comparison period would be 1 July 2020 to 30 September 2020.\n- (i) in 1 of the relevant financial years chosen by the applicant; and\n- (ii) that comprises the same days as the relevant period; or\n- (b) if the authority considers the period mentioned in paragraph (a) is not indicative of the typical turnover of the category B entity or business collection in the relevant period unaffected by COVID-19 travel restrictions—another period of 90 consecutive days the authority considers is comparable to the relevant period. Examples of circumstances in which paragraph (b) may apply— • for an application in relation to a category B entity—the entity was not operating during the period mentioned in paragraph (a) • for an application in relation to a business collection—the combined total turnover of the businesses comprising the collection during the period mentioned in paragraph (a) was affected by a significant event\n- • for an application in relation to a category B entity—the entity was not operating during the period mentioned in paragraph (a)\n- • for an application in relation to a business collection—the combined total turnover of the businesses comprising the collection during the period mentioned in paragraph (a) was affected by a significant event\n- (i) in 1 of the relevant financial years chosen by the applicant; and\n- (ii) that comprises the same days as the relevant period; or\n- • for an application in relation to a category B entity—the entity was not operating during the period mentioned in paragraph (a)\n- • for an application in relation to a business collection—the combined total turnover of the businesses comprising the collection during the period mentioned in paragraph (a) was affected by a significant event","sortOrder":610},{"sectionNumber":"sch.38-sec.18","sectionType":"section","heading":"Payment of assistance","content":"### sch.38-sec.18 Payment of assistance\n\nAssistance under this part is payable to an applicant as follows—\nhalf of the amount is payable (the part 3 first payment ) on the authority approving the application under section 21 ;\nthe remaining half of the amount is payable (the part 3 second payment ) on the authority being satisfied that—\nfor an application relating to a category B entity—the entity has, on 8 November 2021, at least the same number of employees as the entity had on 25 September 2021; or\nfor an application relating to a business collection—the businesses comprising the collection have, on 8 November 2021, a combined total of at least the same number of employees as the businesses had as a combined total on 25 September 2021.\nFor subsection (1) (b) , the following persons are to be included as employees of a category B entity or a business that, on 8 November 2021, is part of a business collection—\nan employee of the entity or business who has been stood down under the Fair Work Act 2009 (Cwlth) , section 524 and who, on 8 November 2021, remains stood down;\nan employee of the entity or business who, on 8 November 2021, is on leave without pay;\nan employee of the entity or business who, during the period 25 September 2021 to 8 November 2021, voluntarily ended the employee’s employment with the entity or business.\nsch 38 s 18 ins 2021 SL No. 153 s 5\n(sch.38-sec.18-ssec.1) Assistance under this part is payable to an applicant as follows— half of the amount is payable (the part 3 first payment ) on the authority approving the application under section 21 ; the remaining half of the amount is payable (the part 3 second payment ) on the authority being satisfied that— for an application relating to a category B entity—the entity has, on 8 November 2021, at least the same number of employees as the entity had on 25 September 2021; or for an application relating to a business collection—the businesses comprising the collection have, on 8 November 2021, a combined total of at least the same number of employees as the businesses had as a combined total on 25 September 2021.\n(sch.38-sec.18-ssec.2) For subsection (1) (b) , the following persons are to be included as employees of a category B entity or a business that, on 8 November 2021, is part of a business collection— an employee of the entity or business who has been stood down under the Fair Work Act 2009 (Cwlth) , section 524 and who, on 8 November 2021, remains stood down; an employee of the entity or business who, on 8 November 2021, is on leave without pay; an employee of the entity or business who, during the period 25 September 2021 to 8 November 2021, voluntarily ended the employee’s employment with the entity or business.\n- (a) half of the amount is payable (the part 3 first payment ) on the authority approving the application under section 21 ;\n- (b) the remaining half of the amount is payable (the part 3 second payment ) on the authority being satisfied that— (i) for an application relating to a category B entity—the entity has, on 8 November 2021, at least the same number of employees as the entity had on 25 September 2021; or (ii) for an application relating to a business collection—the businesses comprising the collection have, on 8 November 2021, a combined total of at least the same number of employees as the businesses had as a combined total on 25 September 2021.\n- (i) for an application relating to a category B entity—the entity has, on 8 November 2021, at least the same number of employees as the entity had on 25 September 2021; or\n- (ii) for an application relating to a business collection—the businesses comprising the collection have, on 8 November 2021, a combined total of at least the same number of employees as the businesses had as a combined total on 25 September 2021.\n- (i) for an application relating to a category B entity—the entity has, on 8 November 2021, at least the same number of employees as the entity had on 25 September 2021; or\n- (ii) for an application relating to a business collection—the businesses comprising the collection have, on 8 November 2021, a combined total of at least the same number of employees as the businesses had as a combined total on 25 September 2021.\n- (a) an employee of the entity or business who has been stood down under the Fair Work Act 2009 (Cwlth) , section 524 and who, on 8 November 2021, remains stood down;\n- (b) an employee of the entity or business who, on 8 November 2021, is on leave without pay;\n- (c) an employee of the entity or business who, during the period 25 September 2021 to 8 November 2021, voluntarily ended the employee’s employment with the entity or business.","sortOrder":611},{"sectionNumber":"sch.38-sec.19","sectionType":"section","heading":"Conditions","content":"### sch.38-sec.19 Conditions\n\nPayment of assistance under this part is subject to the conditions stated in subsections (2) and (3) .\nFor assistance relating to a category B entity, the entity must, on 31 December 2021, have at least the same number of employees as the entity had on 25 September 2021.\nFor assistance relating to a business collection, the businesses comprising the collection must, on 31 December 2021, have a combined total of at least the same number of employees as the businesses had as a combined total on 25 September 2021.\nFor subsections (2) and (3) , the following persons are to be included as employees of a category B entity or a business that, on 31 December 2021, is part of a business collection—\nan employee of the entity or business who has been stood down under the Fair Work Act 2009 (Cwlth) , section 524 and who, on 31 December 2021, remains stood down;\nan employee of the entity or business who, on 31 December 2021, is on leave without pay;\nan employee of the entity or business who, during the period 25 September 2021 to 31 December 2021, voluntarily ended the employee’s employment with the entity or business.\nIf an applicant receives a part 3 first payment and a part 3 second payment but the condition under subsection (2) or (3) is not satisfied, the applicant must repay the part 3 first payment and part 3 second payment to the authority.\nsch 38 s 19 ins 2021 SL No. 153 s 5\n(sch.38-sec.19-ssec.1) Payment of assistance under this part is subject to the conditions stated in subsections (2) and (3) .\n(sch.38-sec.19-ssec.2) For assistance relating to a category B entity, the entity must, on 31 December 2021, have at least the same number of employees as the entity had on 25 September 2021.\n(sch.38-sec.19-ssec.3) For assistance relating to a business collection, the businesses comprising the collection must, on 31 December 2021, have a combined total of at least the same number of employees as the businesses had as a combined total on 25 September 2021.\n(sch.38-sec.19-ssec.4) For subsections (2) and (3) , the following persons are to be included as employees of a category B entity or a business that, on 31 December 2021, is part of a business collection— an employee of the entity or business who has been stood down under the Fair Work Act 2009 (Cwlth) , section 524 and who, on 31 December 2021, remains stood down; an employee of the entity or business who, on 31 December 2021, is on leave without pay; an employee of the entity or business who, during the period 25 September 2021 to 31 December 2021, voluntarily ended the employee’s employment with the entity or business.\n(sch.38-sec.19-ssec.5) If an applicant receives a part 3 first payment and a part 3 second payment but the condition under subsection (2) or (3) is not satisfied, the applicant must repay the part 3 first payment and part 3 second payment to the authority.\n- (a) an employee of the entity or business who has been stood down under the Fair Work Act 2009 (Cwlth) , section 524 and who, on 31 December 2021, remains stood down;\n- (b) an employee of the entity or business who, on 31 December 2021, is on leave without pay;\n- (c) an employee of the entity or business who, during the period 25 September 2021 to 31 December 2021, voluntarily ended the employee’s employment with the entity or business.","sortOrder":612},{"sectionNumber":"sch.38-pt.4","sectionType":"part","heading":"General provisions","content":"# General provisions","sortOrder":613},{"sectionNumber":"sch.38-sec.20","sectionType":"section","heading":"Requirements for applications","content":"### sch.38-sec.20 Requirements for applications\n\nAn application for assistance under the scheme must be—\nmade on the form approved by the authority; and\naccompanied by the documents stated in the application form; and\nfor a part 2 first payment or part 3 first payment— received by the authority no later than 6p.m. on 22 November 2021; and\nfor a part 3 second payment—received by the authority no later than 6p.m. on 6 December 2021; and\nfor a part 2 second payment—received by the authority—\nbetween 11 October 2021 and 6p.m. on 6 December 2021; or\nbetween 11 April 2022 and 11:59p.m. on 9 May 2022.\nSeparate applications must be made for each payment.\nAn applicant may not make an application for a part 2 second payment until a part 2 first payment has been made to the applicant.\nAn applicant may not make an application for a part 3 second payment until a part 3 first payment has been made to the applicant.\nIf the authority asks the applicant to provide further information to support an application, the applicant must provide the information.\nsch 38 s 20 ins 2021 SL No. 153 s 5\namd 2022 SL No. 36 s 4\n(sch.38-sec.20-ssec.1) An application for assistance under the scheme must be— made on the form approved by the authority; and accompanied by the documents stated in the application form; and for a part 2 first payment or part 3 first payment— received by the authority no later than 6p.m. on 22 November 2021; and for a part 3 second payment—received by the authority no later than 6p.m. on 6 December 2021; and for a part 2 second payment—received by the authority— between 11 October 2021 and 6p.m. on 6 December 2021; or between 11 April 2022 and 11:59p.m. on 9 May 2022.\n(sch.38-sec.20-ssec.2) Separate applications must be made for each payment.\n(sch.38-sec.20-ssec.3) An applicant may not make an application for a part 2 second payment until a part 2 first payment has been made to the applicant.\n(sch.38-sec.20-ssec.4) An applicant may not make an application for a part 3 second payment until a part 3 first payment has been made to the applicant.\n(sch.38-sec.20-ssec.5) If the authority asks the applicant to provide further information to support an application, the applicant must provide the information.\n- (a) made on the form approved by the authority; and\n- (b) accompanied by the documents stated in the application form; and\n- (c) for a part 2 first payment or part 3 first payment— received by the authority no later than 6p.m. on 22 November 2021; and\n- (d) for a part 3 second payment—received by the authority no later than 6p.m. on 6 December 2021; and\n- (e) for a part 2 second payment—received by the authority— (i) between 11 October 2021 and 6p.m. on 6 December 2021; or (ii) between 11 April 2022 and 11:59p.m. on 9 May 2022.\n- (i) between 11 October 2021 and 6p.m. on 6 December 2021; or\n- (ii) between 11 April 2022 and 11:59p.m. on 9 May 2022.\n- (i) between 11 October 2021 and 6p.m. on 6 December 2021; or\n- (ii) between 11 April 2022 and 11:59p.m. on 9 May 2022.","sortOrder":614},{"sectionNumber":"sch.38-sec.21","sectionType":"section","heading":"Deciding applications","content":"### sch.38-sec.21 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 20 (1) to (4) .\nThe authority must consider applications for assistance under parts 2 and 3 separately and in the order they are received by the authority.\nThe authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not enough to pay for the assistance.\nsch 38 s 21 ins 2021 SL No. 153 s 5\n(sch.38-sec.21-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 20 (1) to (4) .\n(sch.38-sec.21-ssec.2) The authority must consider applications for assistance under parts 2 and 3 separately and in the order they are received by the authority.\n(sch.38-sec.21-ssec.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.","sortOrder":615},{"sectionNumber":"sch.39-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":616},{"sectionNumber":"sch.39-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.39-sec.1 Objective of scheme\n\nThe objective of the scheme is to assist sole traders, partnerships, proprietary companies and trusts carrying on primary production enterprises to offset the cost of eligible projects to improve the resilience to drought of the primary production enterprises.\nsch 39 s 1 ins 2021 SL No. 160 s 4\namd 2025 SL No. 169 s 11","sortOrder":617},{"sectionNumber":"sch.39-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.39-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to provide grants of financial assistance to sole traders, partnerships, proprietary companies and trusts carrying on primary production enterprises to assist in paying for eligible projects.\nsch 39 s 2 ins 2021 SL No. 160 s 4","sortOrder":618},{"sectionNumber":"sch.39-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.39-sec.3 Definitions for schedule\n\nIn this schedule—\neligible project see section 4 .\nofficial receipt means a receipt that includes—\nthe name and address of the entity that issued the receipt; and\nif the entity has an Australian Business Number—the Australian Business Number; and\na description of each item to which the receipt relates; and\nthe date the amount to which the receipt relates was paid.\nprimary producer means—\na sole trader who—\nspends the majority of the person’s labour on a primary production enterprise; and\neither—\nderives the majority of the person’s income from the primary production enterprise; or\nin the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of the person’s income from the primary production enterprise; or\na partnership, proprietary company or trust that carries on a primary production enterprise for which the partners, shareholders or beneficiaries—\nspend the majority of their labour on a primary production enterprise; and\neither—\nderive the majority of their income from the primary production enterprise; or\nin 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.\nprimary production enterprise means a business—\nthat—\ninvolves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; or\nsupports primary production; and\nfarm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\nfor which an entity holds an Australian Business Number.\nsch 39 s 3 def primary production enterprise amd 2025 SL No. 169 s 12\nresilience plan , for a primary production enterprise, see section 5 .\nscheme means the scheme set out in this schedule.\nsch 39 s 3 ins 2021 SL No. 160 s 4\n- (a) the name and address of the entity that issued the receipt; and\n- (b) if the entity has an Australian Business Number—the Australian Business Number; and\n- (c) a description of each item to which the receipt relates; and\n- (d) the date the amount to which the receipt relates was paid.\n- (a) a sole trader who— (i) spends the majority of the person’s labour on a primary production enterprise; and (ii) either— (A) derives the majority of the person’s 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 the person’s income from the primary production enterprise; or\n- (i) spends the majority of the person’s labour on a primary production enterprise; and\n- (ii) either— (A) derives the majority of the person’s 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 the person’s income from the primary production enterprise; or\n- (A) derives the majority of the person’s income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of the person’s income from the primary production enterprise; or\n- (b) a partnership, proprietary 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.\n- (i) spend the majority of their labour on a primary production enterprise; and\n- (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.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (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.\n- (i) spends the majority of the person’s labour on a primary production enterprise; and\n- (ii) either— (A) derives the majority of the person’s 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 the person’s income from the primary production enterprise; or\n- (A) derives the majority of the person’s income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of the person’s income from the primary production enterprise; or\n- (A) derives the majority of the person’s income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of the person’s income from the primary production enterprise; or\n- (i) spend the majority of their labour on a primary production enterprise; and\n- (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.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (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.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (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.\n- (a) that— (i) involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; or (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\n- (i) involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; or\n- (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\n- (b) for which an entity holds an Australian Business Number.\n- (i) involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; or\n- (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business","sortOrder":619},{"sectionNumber":"sch.39-sec.4","sectionType":"section","heading":"Meaning of eligible project","content":"### sch.39-sec.4 Meaning of eligible project\n\nAn eligible project is a project the authority is satisfied—\nwill involve—\ninstalling or constructing new permanent capital infrastructure; or\nupgrading existing permanent capital infrastructure; and\nwill involve purchasing goods, or engaging a person to provide services, for the installation or construction, or upgrade, of the infrastructure; and\nwill improve the ability of a primary production enterprise to prepare for, continue to operate in, or recover from, drought conditions; and\nwill not commence before the authority approves assistance under the scheme for the project.\ninstalling new water tanks or water troughs\ninstalling a new irrigation system\nconstructing a new dam\nconstructing a new feed store\ndrilling a new bore\nreplacing the pipes in an existing irrigation system with larger pipes\ndesilting an existing dam\nadding an extra silo ring to an existing feed store\nreplacing the pump in an existing bore with a pump that has a greater capacity\nFor subsection (1) (d) , a project mentioned in subsection (1) (a) (i) or (ii) does not commence only because a deposit is paid in relation to—\nthe purchase of goods for the project; or\nthe engagement of a person to provide services for the project.\nsch 39 s 4 ins 2021 SL No. 160 s 4\namd 2022 SL No. 138 s 6 ; 2025 SL No. 169 s 13\n(sch.39-sec.4-ssec.1) An eligible project is a project the authority is satisfied— will involve— installing or constructing new permanent capital infrastructure; or upgrading existing permanent capital infrastructure; and will involve purchasing goods, or engaging a person to provide services, for the installation or construction, or upgrade, of the infrastructure; and will improve the ability of a primary production enterprise to prepare for, continue to operate in, or recover from, drought conditions; and will not commence before the authority approves assistance under the scheme for the project. installing new water tanks or water troughs installing a new irrigation system constructing a new dam constructing a new feed store drilling a new bore replacing the pipes in an existing irrigation system with larger pipes desilting an existing dam adding an extra silo ring to an existing feed store replacing the pump in an existing bore with a pump that has a greater capacity\n(sch.39-sec.4-ssec.2) For subsection (1) (d) , a project mentioned in subsection (1) (a) (i) or (ii) does not commence only because a deposit is paid in relation to— the purchase of goods for the project; or the engagement of a person to provide services for the project.\n- (a) will involve— (i) installing or constructing new permanent capital infrastructure; or (ii) upgrading existing permanent capital infrastructure; and\n- (i) installing or constructing new permanent capital infrastructure; or\n- (ii) upgrading existing permanent capital infrastructure; and\n- (b) will involve purchasing goods, or engaging a person to provide services, for the installation or construction, or upgrade, of the infrastructure; and\n- (c) will improve the ability of a primary production enterprise to prepare for, continue to operate in, or recover from, drought conditions; and\n- (d) will not commence before the authority approves assistance under the scheme for the project.\n- (i) installing or constructing new permanent capital infrastructure; or\n- (ii) upgrading existing permanent capital infrastructure; and\n- • installing new water tanks or water troughs\n- • installing a new irrigation system\n- • constructing a new dam\n- • constructing a new feed store\n- • drilling a new bore\n- • replacing the pipes in an existing irrigation system with larger pipes\n- • desilting an existing dam\n- • adding an extra silo ring to an existing feed store\n- • replacing the pump in an existing bore with a pump that has a greater capacity\n- (a) the purchase of goods for the project; or\n- (b) the engagement of a person to provide services for the project.","sortOrder":620},{"sectionNumber":"sch.39-sec.5","sectionType":"section","heading":"Meaning of resilience plan","content":"### sch.39-sec.5 Meaning of resilience plan\n\nA resilience plan , for a primary production enterprise, is a plan that the authority is satisfied—\naddresses risks relevant to the primary production enterprise, including—\nviability risks; and\nproductivity risks; and\nbusiness and climate risks, such as drought; and\ndetails 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\ncomplies with the guidelines for resilience plans under the scheme that are issued by the authority.\nA copy of the guidelines for resilience plans under the scheme may be obtained from the authority.\nsch 39 s 5 ins 2021 SL No. 160 s 4\n- (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\n- (i) viability risks; and\n- (ii) productivity risks; and\n- (iii) business and climate risks, such as drought; and\n- (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\n- (c) complies with the guidelines for resilience plans under the scheme that are issued by the authority.\n- (i) viability risks; and\n- (ii) productivity risks; and\n- (iii) business and climate risks, such as drought; and","sortOrder":621},{"sectionNumber":"sch.39-pt.2","sectionType":"part","heading":"General provisions of scheme","content":"# General provisions of scheme","sortOrder":622},{"sectionNumber":"sch.39-sec.6","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.39-sec.6 Nature and amount of assistance\n\nThe nature of the assistance that may be given to an applicant under the scheme is a grant of financial assistance that is 25% of the cost of an eligible project, up to the maximum amount of assistance payable under the scheme.\nThe maximum amount of assistance payable under the scheme is $50,000.\nIn this section—\ncost , of an eligible project—\nincludes—\ncharges for freight associated with the eligible project; and\nexpenses for consumables, including fuel, associated with the eligible project; and\ncharges for installation or construction associated with the eligible project; but\nfor an eligible project mentioned in section 4 (1) (a) (ii) , does not include charges or expenses associated with—\nthe replacement of any part of the existing permanent capital infrastructure with a thing that is the same, or substantially the same, as the replaced part; or\nreplacing a water pump that is part of an irrigation system that has lost pressure with a water pump that has the same pump capacity\nthe repair or maintenance of the existing permanent capital infrastructure or of any part of the existing permanent capital infrastructure.\nsch 39 s 6 ins 2021 SL No. 160 s 4\namd 2025 SL No. 169 s 14\n(sch.39-sec.6-ssec.1) The nature of the assistance that may be given to an applicant under the scheme is a grant of financial assistance that is 25% of the cost of an eligible project, up to the maximum amount of assistance payable under the scheme.\n(sch.39-sec.6-ssec.2) The maximum amount of assistance payable under the scheme is $50,000.\n(sch.39-sec.6-ssec.3) In this section— cost , of an eligible project— includes— charges for freight associated with the eligible project; and expenses for consumables, including fuel, associated with the eligible project; and charges for installation or construction associated with the eligible project; but for an eligible project mentioned in section 4 (1) (a) (ii) , does not include charges or expenses associated with— the replacement of any part of the existing permanent capital infrastructure with a thing that is the same, or substantially the same, as the replaced part; or replacing a water pump that is part of an irrigation system that has lost pressure with a water pump that has the same pump capacity the repair or maintenance of the existing permanent capital infrastructure or of any part of the existing permanent capital infrastructure.\n- (a) includes— (i) charges for freight associated with the eligible project; and (ii) expenses for consumables, including fuel, associated with the eligible project; and (iii) charges for installation or construction associated with the eligible project; but\n- (i) charges for freight associated with the eligible project; and\n- (ii) expenses for consumables, including fuel, associated with the eligible project; and\n- (iii) charges for installation or construction associated with the eligible project; but\n- (b) for an eligible project mentioned in section 4 (1) (a) (ii) , does not include charges or expenses associated with— (i) the replacement of any part of the existing permanent capital infrastructure with a thing that is the same, or substantially the same, as the replaced part; or Example— replacing a water pump that is part of an irrigation system that has lost pressure with a water pump that has the same pump capacity (ii) the repair or maintenance of the existing permanent capital infrastructure or of any part of the existing permanent capital infrastructure.\n- (i) the replacement of any part of the existing permanent capital infrastructure with a thing that is the same, or substantially the same, as the replaced part; or Example— replacing a water pump that is part of an irrigation system that has lost pressure with a water pump that has the same pump capacity\n- (ii) the repair or maintenance of the existing permanent capital infrastructure or of any part of the existing permanent capital infrastructure.\n- (i) charges for freight associated with the eligible project; and\n- (ii) expenses for consumables, including fuel, associated with the eligible project; and\n- (iii) charges for installation or construction associated with the eligible project; but\n- (i) the replacement of any part of the existing permanent capital infrastructure with a thing that is the same, or substantially the same, as the replaced part; or Example— replacing a water pump that is part of an irrigation system that has lost pressure with a water pump that has the same pump capacity\n- (ii) the repair or maintenance of the existing permanent capital infrastructure or of any part of the existing permanent capital infrastructure.","sortOrder":623},{"sectionNumber":"sch.39-sec.7","sectionType":"section","heading":"Eligibility criteria","content":"### sch.39-sec.7 Eligibility criteria\n\nTo be eligible to receive assistance under the scheme the applicant must demonstrate to the authority that—\nthe assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and\nthe applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and\nan interested person for the primary production enterprise is a primary producer; and\nthe applicant has given a resilience plan to the authority for the primary production enterprise; and\nthe applicant has identified in the resilience plan an eligible project to be completed with the assistance provided under the scheme.\nHowever, an applicant is not eligible to receive assistance under the scheme if—\nthe applicant or an interested person for the primary production enterprise—\nhas 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\nhas received DRAS funding for the invoice; or\nthe applicant has received assistance under the scheme for the same, or a substantially similar, eligible project.\nIn this section—\ndepartment means the department in which the Fisheries Act 1994 is administered.\nDRAS funding means—\na freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or\na rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department.\ninterested person , for a primary production enterprise, means—\nif the primary production enterprise is carried on by a sole trader—the sole trader; or\nif 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.\nsch 39 s 7 ins 2021 SL No. 160 s 4\namd 2022 SL No. 15 s 6 ; 2025 SL No. 138 s 9\n(sch.39-sec.7-ssec.1) To be eligible to receive assistance under the scheme the applicant must demonstrate to the authority that— the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and an interested person for the primary production enterprise is a primary producer; and the applicant has given a resilience plan to the authority for the primary production enterprise; and the applicant has identified in the resilience plan an eligible project to be completed with the assistance provided under the scheme.\n(sch.39-sec.7-ssec.2) However, an applicant is not eligible to receive assistance under the scheme if— the applicant or an interested person for the primary production enterprise— 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 has received DRAS funding for the invoice; or the applicant has received assistance under the scheme for the same, or a substantially similar, eligible project.\n(sch.39-sec.7-ssec.3) In this section— department means the department in which the Fisheries Act 1994 is administered. DRAS funding means— a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or 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— if the primary production enterprise is carried on by a sole trader—the sole trader; or 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.\n- (a) the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and\n- (b) the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and\n- (c) an interested person for the primary production enterprise is a primary producer; and\n- (d) the applicant has given a resilience plan to the authority for the primary production enterprise; and\n- (e) the applicant has identified in the resilience plan an eligible project to be completed with the assistance provided under the scheme.\n- (a) 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; or\n- (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\n- (ii) has received DRAS funding for the invoice; or\n- (b) the applicant has received assistance under the scheme for the same, or a substantially similar, eligible project.\n- (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\n- (ii) has received DRAS funding for the invoice; or\n- (a) a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or\n- (b) a rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department.\n- (a) if the primary production enterprise is carried on by a sole trader—the sole trader; or\n- (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.","sortOrder":624},{"sectionNumber":"sch.39-sec.8","sectionType":"section","heading":"Conditions","content":"### sch.39-sec.8 Conditions\n\nThe payment of assistance under the scheme is subject to the conditions stated in this section.\nThe applicant must obtain from each service provider engaged to provide a service for the eligible project—\na tax invoice for the service; and\nif the applicant has paid the tax invoice—an official receipt.\nThe applicant must obtain from each supplier engaged to provide goods for the eligible project—\na tax invoice for the goods; and\nif the applicant has paid the tax invoice—an official receipt.\nThe applicant must not engage a service provider to provide a service for the eligible project if—\nthe service provider is employed by an entity owned, or partly owned, by the applicant; or\nthe service provider is an entity owned, or partly owned, by the applicant.\nThe applicant must not obtain goods for the eligible project from an entity owned, or partly owned, by the applicant.\nIf requested by the authority, the applicant must give to the authority a report stating the following—\nif the project is not complete—\nthe steps taken towards completing the eligible project; and\nthe cost of each step; and\nthe estimated time needed to complete the eligible project;\nwhether or not the project is complete—the estimated total cost of the eligible project.\nsch 39 s 8 ins 2021 SL No. 160 s 4\n(sch.39-sec.8-ssec.1) The payment of assistance under the scheme is subject to the conditions stated in this section.\n(sch.39-sec.8-ssec.2) The applicant must obtain from each service provider engaged to provide a service for the eligible project— a tax invoice for the service; and if the applicant has paid the tax invoice—an official receipt.\n(sch.39-sec.8-ssec.3) The applicant must obtain from each supplier engaged to provide goods for the eligible project— a tax invoice for the goods; and if the applicant has paid the tax invoice—an official receipt.\n(sch.39-sec.8-ssec.4) The applicant must not engage a service provider to provide a service for the eligible project if— the service provider is employed by an entity owned, or partly owned, by the applicant; or the service provider is an entity owned, or partly owned, by the applicant.\n(sch.39-sec.8-ssec.5) The applicant must not obtain goods for the eligible project from an entity owned, or partly owned, by the applicant.\n(sch.39-sec.8-ssec.6) If requested by the authority, the applicant must give to the authority a report stating the following— if the project is not complete— the steps taken towards completing the eligible project; and the cost of each step; and the estimated time needed to complete the eligible project; whether or not the project is complete—the estimated total cost of the eligible project.\n- (a) a tax invoice for the service; and\n- (b) if the applicant has paid the tax invoice—an official receipt.\n- (a) a tax invoice for the goods; and\n- (b) if the applicant has paid the tax invoice—an official receipt.\n- (a) the service provider is employed by an entity owned, or partly owned, by the applicant; or\n- (b) the service provider is an entity owned, or partly owned, by the applicant.\n- (a) if the project is not complete— (i) the steps taken towards completing the eligible project; and (ii) the cost of each step; and (iii) the estimated time needed to complete the eligible project;\n- (i) the steps taken towards completing the eligible project; and\n- (ii) the cost of each step; and\n- (iii) the estimated time needed to complete the eligible project;\n- (b) whether or not the project is complete—the estimated total cost of the eligible project.\n- (i) the steps taken towards completing the eligible project; and\n- (ii) the cost of each step; and\n- (iii) the estimated time needed to complete the eligible project;","sortOrder":625},{"sectionNumber":"sch.39-sec.9","sectionType":"section","heading":"Requirements for applications","content":"### sch.39-sec.9 Requirements for applications\n\nAn application for assistance under the scheme must—\nbe made on the authority’s application form; and\nbe accompanied by the documents stated on the application form; and\nbe given to the authority.\nIf the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\nsch 39 s 9 ins 2021 SL No. 160 s 4\n(sch.39-sec.9-ssec.1) An application for assistance under the scheme must— be made on the authority’s application form; and be accompanied by the documents stated on the application form; and be given to the authority.\n(sch.39-sec.9-ssec.2) If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\n- (a) be made on the authority’s application form; and\n- (b) be accompanied by the documents stated on the application form; and\n- (c) be given to the authority.","sortOrder":626},{"sectionNumber":"sch.39-sec.10","sectionType":"section","heading":"Deciding applications","content":"### sch.39-sec.10 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 9 (1) .\nThe authority must consider applications in the order they are received by the authority.\nThe authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not enough to pay for the assistance.\nsch 39 s 10 ins 2021 SL No. 160 s 4\n(sch.39-sec.10-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 9 (1) .\n(sch.39-sec.10-ssec.2) The authority must consider applications in the order they are received by the authority.\n(sch.39-sec.10-ssec.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.","sortOrder":627},{"sectionNumber":"sch.39-sec.11","sectionType":"section","heading":"Payment of grant","content":"### sch.39-sec.11 Payment of grant\n\nThis section applies if the authority approves an application for assistance under the scheme.\nSubsection (3) applies in relation to a tax invoice for the eligible project that has not been paid by the applicant.\nIf requested by the applicant, the authority may pay the supplier or service provider who provided the tax invoice to the applicant an amount that is 25% of the amount owing under the tax invoice.\nSubsection (5) applies in relation to an official receipt for the eligible project.\nIf requested by the applicant, the authority may pay to the applicant an amount that is 25% of the amount recorded in the official receipt as having been paid by the applicant.\nThe total amount paid by the authority under subsections (3) and (5) must not be more than $50,000.\nIf the applicant makes a request under subsection (3) or (5) , the applicant must give to the authority the tax invoice or official receipt to which the request relates.\nsch 39 s 11 ins 2021 SL No. 160 s 4\n(sch.39-sec.11-ssec.1) This section applies if the authority approves an application for assistance under the scheme.\n(sch.39-sec.11-ssec.2) Subsection (3) applies in relation to a tax invoice for the eligible project that has not been paid by the applicant.\n(sch.39-sec.11-ssec.3) If requested by the applicant, the authority may pay the supplier or service provider who provided the tax invoice to the applicant an amount that is 25% of the amount owing under the tax invoice.\n(sch.39-sec.11-ssec.4) Subsection (5) applies in relation to an official receipt for the eligible project.\n(sch.39-sec.11-ssec.5) If requested by the applicant, the authority may pay to the applicant an amount that is 25% of the amount recorded in the official receipt as having been paid by the applicant.\n(sch.39-sec.11-ssec.6) The total amount paid by the authority under subsections (3) and (5) must not be more than $50,000.\n(sch.39-sec.11-ssec.7) If the applicant makes a request under subsection (3) or (5) , the applicant must give to the authority the tax invoice or official receipt to which the request relates.","sortOrder":628},{"sectionNumber":"sch.40-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":629},{"sectionNumber":"sch.40-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.40-sec.1 Objective of scheme\n\nThe objective of the scheme is to assist sole traders, partnerships, companies and trusts carrying on primary production enterprises to undertake projects or activities to improve the resilience to drought of the primary production enterprises.\nsch 40 s 1 ins 2022 SL No. 15 s 7","sortOrder":630},{"sectionNumber":"sch.40-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.40-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to assist sole traders, partnerships, companies and trusts carrying on primary production enterprises to pay for eligible projects or eligible recovery activities.\nsch 40 s 2 ins 2022 SL No. 15 s 7","sortOrder":631},{"sectionNumber":"sch.40-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.40-sec.3 Definitions for schedule\n\nIn this schedule—\neligible project see section 4 .\neligible recovery activity see section 5 .\nprimary producer means—\na sole trader who—\nspends the majority of the person’s labour on a primary production enterprise; and\neither—\nderives the majority of the person’s income from the primary production enterprise; or\nin the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of the person’s income from the primary production enterprise; or\na partnership, proprietary company or trust that carries on a primary production enterprise for which the partners, shareholders or beneficiaries—\nspend the majority of their labour on a primary production enterprise; and\neither—\nderive the majority of their income from the primary production enterprise; or\nin 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.\nprimary production enterprise means a business—\nthat—\ninvolves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; or\nsupports primary production; and\nfarm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\nfor which an entity holds an Australian Business Number.\nsch 40 s 3 def primary production enterprise amd 2025 SL No. 169 s 15\nresilience plan , for a primary production enterprise, see section 6 .\nscheme means the scheme set out in this schedule.\nsch 40 s 3 ins 2022 SL No. 15 s 7\n- (a) a sole trader who— (i) spends the majority of the person’s labour on a primary production enterprise; and (ii) either— (A) derives the majority of the person’s 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 the person’s income from the primary production enterprise; or\n- (i) spends the majority of the person’s labour on a primary production enterprise; and\n- (ii) either— (A) derives the majority of the person’s 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 the person’s income from the primary production enterprise; or\n- (A) derives the majority of the person’s income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of the person’s income from the primary production enterprise; or\n- (b) a partnership, proprietary 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.\n- (i) spend the majority of their labour on a primary production enterprise; and\n- (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.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (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.\n- (i) spends the majority of the person’s labour on a primary production enterprise; and\n- (ii) either— (A) derives the majority of the person’s 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 the person’s income from the primary production enterprise; or\n- (A) derives the majority of the person’s income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of the person’s income from the primary production enterprise; or\n- (A) derives the majority of the person’s income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of the person’s income from the primary production enterprise; or\n- (i) spend the majority of their labour on a primary production enterprise; and\n- (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.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (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.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (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.\n- (a) that— (i) involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; or (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\n- (i) involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; or\n- (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business\n- (b) for which an entity holds an Australian Business Number.\n- (i) involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; or\n- (ii) supports primary production; and Examples of a business that supports primary production— farm irrigation business, mustering business, shearing business, silage baling business, timber plantation maintenance business","sortOrder":632},{"sectionNumber":"sch.40-sec.4","sectionType":"section","heading":"Meaning of eligible project","content":"### sch.40-sec.4 Meaning of eligible project\n\nAn eligible project is a project the authority is satisfied—\nwill involve—\ninstalling or constructing new permanent capital infrastructure; or\nupgrading existing permanent capital infrastructure; and\nwill involve purchasing goods, or engaging a person to provide services, for the installation or construction, or upgrade, of the infrastructure; and\nwill improve the ability of a primary production enterprise to prepare for, continue to operate in, or recover from, drought conditions; and\nwill not commence before the authority approves assistance under the scheme for the project.\ninstalling new water tanks or water troughs\ninstalling a new irrigation system\nconstructing a new dam\nconstructing a new feed store\ndrilling a new bore\nreplacing the pipes in an existing irrigation system with larger pipes\ndesilting an existing dam\nadding an extra silo ring to an existing feed store\nreplacing the pump in an existing bore with a pump that has a greater capacity\nFor subsection (1) (d) , a project mentioned in subsection (1) (a) (i) or (ii) does not commence only because a deposit is paid in relation to—\nthe purchase of goods for the project; or\nthe engagement of a person to provide services for the project.\nsch 40 s 4 ins 2022 SL No. 15 s 7\namd 2022 SL No. 138 s 7 ; 2025 SL No. 169 s 16\n(sch.40-sec.4-ssec.1) An eligible project is a project the authority is satisfied— will involve— installing or constructing new permanent capital infrastructure; or upgrading existing permanent capital infrastructure; and will involve purchasing goods, or engaging a person to provide services, for the installation or construction, or upgrade, of the infrastructure; and will improve the ability of a primary production enterprise to prepare for, continue to operate in, or recover from, drought conditions; and will not commence before the authority approves assistance under the scheme for the project. installing new water tanks or water troughs installing a new irrigation system constructing a new dam constructing a new feed store drilling a new bore replacing the pipes in an existing irrigation system with larger pipes desilting an existing dam adding an extra silo ring to an existing feed store replacing the pump in an existing bore with a pump that has a greater capacity\n(sch.40-sec.4-ssec.2) For subsection (1) (d) , a project mentioned in subsection (1) (a) (i) or (ii) does not commence only because a deposit is paid in relation to— the purchase of goods for the project; or the engagement of a person to provide services for the project. sch 40 s 4 ins 2022 SL No. 15 s 7 amd 2022 SL No. 138 s 7 ; 2025 SL No. 169 s 16\n- (a) will involve— (i) installing or constructing new permanent capital infrastructure; or (ii) upgrading existing permanent capital infrastructure; and\n- (i) installing or constructing new permanent capital infrastructure; or\n- (ii) upgrading existing permanent capital infrastructure; and\n- (b) will involve purchasing goods, or engaging a person to provide services, for the installation or construction, or upgrade, of the infrastructure; and\n- (c) will improve the ability of a primary production enterprise to prepare for, continue to operate in, or recover from, drought conditions; and\n- (d) will not commence before the authority approves assistance under the scheme for the project.\n- (i) installing or constructing new permanent capital infrastructure; or\n- (ii) upgrading existing permanent capital infrastructure; and\n- • installing new water tanks or water troughs\n- • installing a new irrigation system\n- • constructing a new dam\n- • constructing a new feed store\n- • drilling a new bore\n- • replacing the pipes in an existing irrigation system with larger pipes\n- • desilting an existing dam\n- • adding an extra silo ring to an existing feed store\n- • replacing the pump in an existing bore with a pump that has a greater capacity\n- (a) the purchase of goods for the project; or\n- (b) the engagement of a person to provide services for the project.","sortOrder":633},{"sectionNumber":"sch.40-sec.5","sectionType":"section","heading":"Meaning of eligible recovery activity","content":"### sch.40-sec.5 Meaning of eligible recovery activity\n\nAn eligible recovery activity is an activity the authority is satisfied—\nis replanting, preparing the land for replanting, or restocking; and\nwill improve the ability of a primary production enterprise to recover from drought conditions; and\nwill not commence before the authority approves assistance under the scheme for the activity.\nIn this section—\nreplanting includes—\nremoving unviable crops, plants or trees; and\npurchasing and planting new seed, seedlings or trees; and\npurchasing a chemical, fertiliser or soil ameliorant to plant the new seed, seedlings or trees; and\npurchasing consumables for the equipment required to plant the new seed, seedlings or trees.\nrestocking includes—\npurchasing and vaccinating new stock; and\ndrenching new stock.\nsch 40 s 5 ins 2022 SL No. 15 s 7\n(sch.40-sec.5-ssec.1) An eligible recovery activity is an activity the authority is satisfied— is replanting, preparing the land for replanting, or restocking; and will improve the ability of a primary production enterprise to recover from drought conditions; and will not commence before the authority approves assistance under the scheme for the activity.\n(sch.40-sec.5-ssec.2) In this section— replanting includes— removing unviable crops, plants or trees; and purchasing and planting new seed, seedlings or trees; and purchasing a chemical, fertiliser or soil ameliorant to plant the new seed, seedlings or trees; and purchasing consumables for the equipment required to plant the new seed, seedlings or trees. restocking includes— purchasing and vaccinating new stock; and drenching new stock.\n- (a) is replanting, preparing the land for replanting, or restocking; and\n- (b) will improve the ability of a primary production enterprise to recover from drought conditions; and\n- (c) will not commence before the authority approves assistance under the scheme for the activity.\n- (a) removing unviable crops, plants or trees; and\n- (b) purchasing and planting new seed, seedlings or trees; and\n- (c) purchasing a chemical, fertiliser or soil ameliorant to plant the new seed, seedlings or trees; and\n- (d) purchasing consumables for the equipment required to plant the new seed, seedlings or trees.\n- (a) purchasing and vaccinating new stock; and\n- (b) drenching new stock.","sortOrder":634},{"sectionNumber":"sch.40-sec.6","sectionType":"section","heading":"Meaning of resilience plan","content":"### sch.40-sec.6 Meaning of resilience plan\n\nA resilience plan , for a primary production enterprise, is a plan that the authority is satisfied—\naddresses risks relevant to the primary production enterprise, including—\nviability risks; and\nproductivity risks; and\nbusiness and climate risks, such as drought; and\ndetails 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\ncomplies with the guidelines for resilience plans under the scheme that are issued by the authority.\nA copy of the guidelines for resilience plans under the scheme may be obtained from the authority.\nsch 40 s 6 ins 2022 SL No. 15 s 7\n- (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\n- (i) viability risks; and\n- (ii) productivity risks; and\n- (iii) business and climate risks, such as drought; and\n- (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\n- (c) complies with the guidelines for resilience plans under the scheme that are issued by the authority.\n- (i) viability risks; and\n- (ii) productivity risks; and\n- (iii) business and climate risks, such as drought; and","sortOrder":635},{"sectionNumber":"sch.40-pt.2","sectionType":"part","heading":"General provisions of scheme","content":"# General provisions of scheme","sortOrder":636},{"sectionNumber":"sch.40-sec.7","sectionType":"section","heading":"Nature of assistance","content":"### sch.40-sec.7 Nature of assistance\n\nThe 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 the cost of an eligible project or eligible recovery activity, up to the maximum amount of a loan, or total outstanding loan balance, under the scheme.\nIn this section—\ncost , of an eligible project—\nincludes—\ncharges for freight associated with the eligible project; and\nexpenses for consumables, including fuel, associated with the eligible project; and\ncharges for installation or construction associated with the eligible project; but\nfor an eligible project mentioned in section 4 (1) (a) (ii) , does not include charges or expenses associated with—\nthe replacement of any part of the existing permanent capital infrastructure with a thing that is the same, or substantially the same, as the replaced part; or\nreplacing a water pump that is part of an irrigation system that has lost pressure with a water pump that has the same pump capacity\nthe repair or maintenance of the existing permanent capital infrastructure or of any part of the existing permanent capital infrastructure.\nsch 40 s 7 ins 2022 SL No. 15 s 7\namd 2025 SL No. 169 s 17\n(sch.40-sec.7-ssec.1) 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 the cost of an eligible project or eligible recovery activity, up to the maximum amount of a loan, or total outstanding loan balance, under the scheme.\n(sch.40-sec.7-ssec.2) In this section— cost , of an eligible project— includes— charges for freight associated with the eligible project; and expenses for consumables, including fuel, associated with the eligible project; and charges for installation or construction associated with the eligible project; but for an eligible project mentioned in section 4 (1) (a) (ii) , does not include charges or expenses associated with— the replacement of any part of the existing permanent capital infrastructure with a thing that is the same, or substantially the same, as the replaced part; or replacing a water pump that is part of an irrigation system that has lost pressure with a water pump that has the same pump capacity the repair or maintenance of the existing permanent capital infrastructure or of any part of the existing permanent capital infrastructure.\n- (a) includes— (i) charges for freight associated with the eligible project; and (ii) expenses for consumables, including fuel, associated with the eligible project; and (iii) charges for installation or construction associated with the eligible project; but\n- (i) charges for freight associated with the eligible project; and\n- (ii) expenses for consumables, including fuel, associated with the eligible project; and\n- (iii) charges for installation or construction associated with the eligible project; but\n- (b) for an eligible project mentioned in section 4 (1) (a) (ii) , does not include charges or expenses associated with— (i) the replacement of any part of the existing permanent capital infrastructure with a thing that is the same, or substantially the same, as the replaced part; or Example— replacing a water pump that is part of an irrigation system that has lost pressure with a water pump that has the same pump capacity (ii) the repair or maintenance of the existing permanent capital infrastructure or of any part of the existing permanent capital infrastructure.\n- (i) the replacement of any part of the existing permanent capital infrastructure with a thing that is the same, or substantially the same, as the replaced part; or Example— replacing a water pump that is part of an irrigation system that has lost pressure with a water pump that has the same pump capacity\n- (ii) the repair or maintenance of the existing permanent capital infrastructure or of any part of the existing permanent capital infrastructure.\n- (i) charges for freight associated with the eligible project; and\n- (ii) expenses for consumables, including fuel, associated with the eligible project; and\n- (iii) charges for installation or construction associated with the eligible project; but\n- (i) the replacement of any part of the existing permanent capital infrastructure with a thing that is the same, or substantially the same, as the replaced part; or Example— replacing a water pump that is part of an irrigation system that has lost pressure with a water pump that has the same pump capacity\n- (ii) the repair or maintenance of the existing permanent capital infrastructure or of any part of the existing permanent capital infrastructure.","sortOrder":637},{"sectionNumber":"sch.40-sec.8","sectionType":"section","heading":"Maximum loan amount","content":"### sch.40-sec.8 Maximum loan amount\n\nThe maximum amount of a loan, or total outstanding loan balance, under the scheme is $250,000.\nsch 40 s 8 ins 2022 SL No. 15 s 7","sortOrder":638},{"sectionNumber":"sch.40-sec.9","sectionType":"section","heading":"Eligibility criteria","content":"### sch.40-sec.9 Eligibility criteria\n\nAn applicant is eligible to receive assistance under the scheme if the authority is satisfied—\nthe assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and\nthe applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and\nan interested person for the primary production enterprise is a primary producer; and\nthe applicant has given a resilience plan to the authority for the applicant’s primary production enterprise; and\nthe applicant has identified in the resilience plan an eligible project or eligible recovery activity to be completed with the assistance provided under the scheme; and\nthe applicant can service the loan; and\nthe applicant’s primary production enterprise is commercially viable or demonstrates sound prospects for commercial viability.\nHowever, the applicant is not eligible to receive assistance under the scheme if—\nthe applicant or an interested person for the primary production enterprise 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\nthe applicant or the interested person received DRAS funding for the invoice.\nIn this section—\ndepartment means the department in which the Fisheries Act 1994 is administered.\nDRAS funding means—\na freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or\na rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department.\ninterested person , for a primary production enterprise, means—\nif the primary production enterprise is carried on by a sole trader—the sole trader; or\nif 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.\nsch 40 s 9 ins 2022 SL No. 15 s 7\namd 2025 SL No. 138 s 10\n(sch.40-sec.9-ssec.1) An applicant is eligible to receive assistance under the scheme if the authority is satisfied— the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and an interested person for the primary production enterprise is a primary producer; and the applicant has given a resilience plan to the authority for the applicant’s primary production enterprise; and the applicant has identified in the resilience plan an eligible project or eligible recovery activity to be completed with the assistance provided under the scheme; and the applicant can service the loan; and the applicant’s primary production enterprise is commercially viable or demonstrates sound prospects for commercial viability.\n(sch.40-sec.9-ssec.2) However, the applicant is not eligible to receive assistance under the scheme if— the applicant or an interested person for the primary production enterprise 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 the applicant or the interested person received DRAS funding for the invoice.\n(sch.40-sec.9-ssec.3) In this section— department means the department in which the Fisheries Act 1994 is administered. DRAS funding means— a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or 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— if the primary production enterprise is carried on by a sole trader—the sole trader; or 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.\n- (a) the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and\n- (b) the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and\n- (c) an interested person for the primary production enterprise is a primary producer; and\n- (d) the applicant has given a resilience plan to the authority for the applicant’s primary production enterprise; and\n- (e) the applicant has identified in the resilience plan an eligible project or eligible recovery activity to be completed with the assistance provided under the scheme; and\n- (f) the applicant can service the loan; and\n- (g) the applicant’s primary production enterprise is commercially viable or demonstrates sound prospects for commercial viability.\n- (a) the applicant or an interested person for the primary production enterprise 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\n- (b) the applicant or the interested person received DRAS funding for the invoice.\n- (a) a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or\n- (b) a rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department.\n- (a) if the primary production enterprise is carried on by a sole trader—the sole trader; or\n- (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.","sortOrder":639},{"sectionNumber":"sch.40-sec.10","sectionType":"section","heading":"Interest rates","content":"### sch.40-sec.10 Interest rates\n\nThe interest charged on a loan given under the scheme must be calculated at a concessional interest rate decided by the authority.\nThe authority may include a condition varying the interest rate during the term of the loan.\nsch 40 s 10 ins 2022 SL No. 15 s 7\n(sch.40-sec.10-ssec.1) The interest charged on a loan given under the scheme must be calculated at a concessional interest rate decided by the authority.\n(sch.40-sec.10-ssec.2) The authority may include a condition varying the interest rate during the term of the loan.","sortOrder":640},{"sectionNumber":"sch.40-sec.11","sectionType":"section","heading":"Security","content":"### sch.40-sec.11 Security\n\nA loan under the scheme must be secured to the satisfaction of the authority.\nsch 40 s 11 ins 2022 SL No. 15 s 7","sortOrder":641},{"sectionNumber":"sch.40-sec.12","sectionType":"section","heading":"Terms of repayment","content":"### sch.40-sec.12 Terms of repayment\n\nThe term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\nDuring the first 2 years of the loan term, the applicant must make the interest repayments decided by the authority.\nFrom the start of the third year of the loan term, the applicant must make the principal and interest repayments decided by the authority.\nsch 40 s 12 ins 2022 SL No. 15 s 7\n(sch.40-sec.12-ssec.1) The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\n(sch.40-sec.12-ssec.2) During the first 2 years of the loan term, the applicant must make the interest repayments decided by the authority.\n(sch.40-sec.12-ssec.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.","sortOrder":642},{"sectionNumber":"sch.40-sec.13","sectionType":"section","heading":"Condition","content":"### sch.40-sec.13 Condition\n\nThe payment of assistance under the scheme is subject to the condition stated in this section.\nIf requested by the authority, the applicant must give to the authority a report about how the assistance is enabling the person to achieve outcomes consistent with the purpose of the assistance mentioned in section 2 .\nsch 40 s 13 ins 2022 SL No. 15 s 7\n(sch.40-sec.13-ssec.1) The payment of assistance under the scheme is subject to the condition stated in this section.\n(sch.40-sec.13-ssec.2) If requested by the authority, the applicant must give to the authority a report about how the assistance is enabling the person to achieve outcomes consistent with the purpose of the assistance mentioned in section 2 .","sortOrder":643},{"sectionNumber":"sch.40-sec.14","sectionType":"section","heading":"Requirements for applications","content":"### sch.40-sec.14 Requirements for applications\n\nAn application for assistance under the scheme must—\nbe made on the authority’s application form; and\nbe accompanied by the documents stated on the application form; and\nbe given to the authority.\nIf the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\nsch 40 s 14 ins 2022 SL No. 15 s 7\n(sch.40-sec.14-ssec.1) An application for assistance under the scheme must— be made on the authority’s application form; and be accompanied by the documents stated on the application form; and be given to the authority.\n(sch.40-sec.14-ssec.2) If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\n- (a) be made on the authority’s application form; and\n- (b) be accompanied by the documents stated on the application form; and\n- (c) be given to the authority.","sortOrder":644},{"sectionNumber":"sch.40-sec.15","sectionType":"section","heading":"Deciding applications","content":"### sch.40-sec.15 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 14 (1) .\nThe authority must consider applications in the order they are received by the authority.\nThe authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not enough to pay for the assistance.\nsch 40 s 15 ins 2022 SL No. 15 s 7\n(sch.40-sec.15-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 14 (1) .\n(sch.40-sec.15-ssec.2) The authority must consider applications in the order they are received by the authority.\n(sch.40-sec.15-ssec.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.","sortOrder":645},{"sectionNumber":"sch.40-sec.16","sectionType":"section","heading":"Review by authority","content":"### sch.40-sec.16 Review by authority\n\nAssistance given to an applicant under the scheme may be subject to an annual review by the authority.\nsch 40 s 16 ins 2022 SL No. 15 s 7","sortOrder":646},{"sectionNumber":"sch.41-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":647},{"sectionNumber":"sch.41-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.41-sec.1 Objective of scheme\n\nThe objective of the scheme is to provide assistance that will support economic development in relevant rural areas by—\ncreating employment relating to eligible primary production enterprises; and\nincreasing sales or the value of products or materials derived from eligible primary production enterprises.\nsch 41 s 1 ins 2022 SL No. 54 s 4\n- (a) creating employment relating to eligible primary production enterprises; and\n- (b) increasing sales or the value of products or materials derived from eligible primary production enterprises.","sortOrder":648},{"sectionNumber":"sch.41-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.41-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to enable an eligible entity to—\ncreate employment relating to an eligible primary production enterprise; or\nincrease sales or the value of products or materials derived from an eligible primary production enterprise.\nsch 41 s 2 ins 2022 SL No. 54 s 4\n- (a) create employment relating to an eligible primary production enterprise; or\n- (b) increase sales or the value of products or materials derived from an eligible primary production enterprise.","sortOrder":649},{"sectionNumber":"sch.41-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.41-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means an entity applying for financial assistance under the scheme.\napproved form means a form approved by the authority.\neligible activity see section 4 .\neligible entity see section 5 .\neligible primary production enterprise means a primary production enterprise that—\nis located in a relevant rural area; and\ninvolves 50 or more sheep or goats, in any combination.\nexpression of interest , in applying for assistance under the scheme, means an expression of interest that complies with section 10 (3) .\nmedium-size business see section 6 .\nprimary production enterprise means a business—\nthat involves primary production, including the agricultural and grazing industries; and\nfor which an entity holds an Australian Business Number.\nproprietary company means a proprietary company within the meaning of the Corporations Act .\nrelevant rural area means an area in Queensland, other than any of the following local government areas—\nBrisbane;\nIpswich;\nLogan;\nRedland.\nscheme means the scheme set out in this schedule.\nsch 41 s 3 ins 2022 SL No. 54 s 4\n- (a) is located in a relevant rural area; and\n- (b) involves 50 or more sheep or goats, in any combination.\n- (a) that involves primary production, including the agricultural and grazing industries; and\n- (b) for which an entity holds an Australian Business Number.\n- (a) Brisbane;\n- (b) Ipswich;\n- (c) Logan;\n- (d) Redland.","sortOrder":650},{"sectionNumber":"sch.41-sec.4","sectionType":"section","heading":"Meaning of eligible activity","content":"### sch.41-sec.4 Meaning of eligible activity\n\nAn eligible activity is an activity the authority is satisfied will create employment relating to, or increase sales or the value of products or materials derived from, an eligible primary production enterprise, including, for example, in any of the following ways—\nby developing a new market for a product derived from sheep or goats;\nby expanding the capabilities of businesses within the supply chain for producing, processing, manufacturing or selling products derived from sheep or goats;\nby providing specialised training or equipment to an eligible primary production enterprise.\nsch 41 s 4 ins 2022 SL No. 54 s 4\n- (a) by developing a new market for a product derived from sheep or goats;\n- (b) by expanding the capabilities of businesses within the supply chain for producing, processing, manufacturing or selling products derived from sheep or goats;\n- (c) by providing specialised training or equipment to an eligible primary production enterprise.","sortOrder":651},{"sectionNumber":"sch.41-sec.5","sectionType":"section","heading":"Meaning of eligible entity","content":"### sch.41-sec.5 Meaning of eligible entity\n\nEach of the following entities is an eligible entity —\nan entity that carries on a medium-size business;\nan association incorporated under the Associations Incorporation Act 1981 ;\na co-operative registered under the Co-operatives National Law (Queensland) ;\nan Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;\na primary producer;\nan entity established to represent—\nprimary producers; or\nprimary production enterprises;\nan entity that is a federation of entities mentioned in paragraph (f) ;\na university located in Queensland;\na tertiary education institution, or another institution or organisation, that provides vocational training in Queensland;\na local government.\nIn this section—\nprimary producer means—\na sole trader who spends the majority of the trader’s labour on, and derives the majority of the trader’s income from, a primary production enterprise; or\na partner in a partnership that carries on a primary production enterprise, if the partner spends the majority of the partner’s labour on, and derives the majority of the partner’s income from, the enterprise; or\na shareholder in a proprietary company that carries on a primary production enterprise, if the shareholder spends the majority of the shareholder’s labour on, and derives the majority of the shareholder’s income from, the enterprise; or\na beneficiary of a trust that carries on a primary production enterprise, if the beneficiary spends the majority of the beneficiary’s labour on, and derives the majority of the beneficiary’s income from, the enterprise.\nsch 41 s 5 ins 2022 SL No. 54 s 4\n(sch.41-sec.5-ssec.1) Each of the following entities is an eligible entity — an entity that carries on a medium-size business; an association incorporated under the Associations Incorporation Act 1981 ; a co-operative registered under the Co-operatives National Law (Queensland) ; an Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ; a primary producer; an entity established to represent— primary producers; or primary production enterprises; an entity that is a federation of entities mentioned in paragraph (f) ; a university located in Queensland; a tertiary education institution, or another institution or organisation, that provides vocational training in Queensland; a local government.\n(sch.41-sec.5-ssec.2) In this section— primary producer means— a sole trader who spends the majority of the trader’s labour on, and derives the majority of the trader’s income from, a primary production enterprise; or a partner in a partnership that carries on a primary production enterprise, if the partner spends the majority of the partner’s labour on, and derives the majority of the partner’s income from, the enterprise; or a shareholder in a proprietary company that carries on a primary production enterprise, if the shareholder spends the majority of the shareholder’s labour on, and derives the majority of the shareholder’s income from, the enterprise; or a beneficiary of a trust that carries on a primary production enterprise, if the beneficiary spends the majority of the beneficiary’s labour on, and derives the majority of the beneficiary’s income from, the enterprise.\n- (a) an entity that carries on a medium-size business;\n- (b) an association incorporated under the Associations Incorporation Act 1981 ;\n- (c) a co-operative registered under the Co-operatives National Law (Queensland) ;\n- (d) an Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth) ;\n- (e) a primary producer;\n- (f) an entity established to represent— (i) primary producers; or (ii) primary production enterprises;\n- (i) primary producers; or\n- (ii) primary production enterprises;\n- (g) an entity that is a federation of entities mentioned in paragraph (f) ;\n- (h) a university located in Queensland;\n- (i) a tertiary education institution, or another institution or organisation, that provides vocational training in Queensland;\n- (j) a local government.\n- (i) primary producers; or\n- (ii) primary production enterprises;\n- (a) a sole trader who spends the majority of the trader’s labour on, and derives the majority of the trader’s income from, a primary production enterprise; or\n- (b) a partner in a partnership that carries on a primary production enterprise, if the partner spends the majority of the partner’s labour on, and derives the majority of the partner’s income from, the enterprise; or\n- (c) a shareholder in a proprietary company that carries on a primary production enterprise, if the shareholder spends the majority of the shareholder’s labour on, and derives the majority of the shareholder’s income from, the enterprise; or\n- (d) a beneficiary of a trust that carries on a primary production enterprise, if the beneficiary spends the majority of the beneficiary’s labour on, and derives the majority of the beneficiary’s income from, the enterprise.","sortOrder":652},{"sectionNumber":"sch.41-sec.6","sectionType":"section","heading":"Meaning of medium-size business","content":"### sch.41-sec.6 Meaning of medium-size business\n\nA medium-size business is a business—\nthat is carried on by a sole trader, partnership, proprietary company or trust; and\nfor which an entity holds an Australian Business Number; and\nthat is registered for GST; and\nthat employs fewer than—\n250 full-time employees; or\nif the business has employees other than full-time employees—250 equivalent full-time employees; and\nthat is not operated by a public company within the meaning of the Corporations Act .\nFor subsection (1) (d) (ii) , the number of equivalent full-time employees of a business is worked out using the formula—\nwhere—\nE means the number of equivalent full-time employees of the business.\nF means the number of full-time employees of the business.\nP means the total number of hours worked each week by employees other than full-time employees.\nIn this section—\nfull-time employee , of a business, means an individual who ordinarily works at least 35 hours each week for the business.\nsch 41 s 6 ins 2022 SL No. 54 s 4\n(sch.41-sec.6-ssec.1) A medium-size business is a business— that is carried on by a sole trader, partnership, proprietary company or trust; and for which an entity holds an Australian Business Number; and that is registered for GST; and that employs fewer than— 250 full-time employees; or if the business has employees other than full-time employees—250 equivalent full-time employees; and that is not operated by a public company within the meaning of the Corporations Act .\n(sch.41-sec.6-ssec.2) For subsection (1) (d) (ii) , 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.\n(sch.41-sec.6-ssec.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.\n- (a) that is carried on by a sole trader, partnership, proprietary company or trust; and\n- (b) for which an entity holds an Australian Business Number; and\n- (c) that is registered for GST; and\n- (d) that employs fewer than— (i) 250 full-time employees; or (ii) if the business has employees other than full-time employees—250 equivalent full-time employees; and\n- (i) 250 full-time employees; or\n- (ii) if the business has employees other than full-time employees—250 equivalent full-time employees; and\n- (e) that is not operated by a public company within the meaning of the Corporations Act .\n- (i) 250 full-time employees; or\n- (ii) if the business has employees other than full-time employees—250 equivalent full-time employees; and","sortOrder":653},{"sectionNumber":"sch.41-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":654},{"sectionNumber":"sch.41-sec.7","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.41-sec.7 Nature and amount of assistance\n\nThe nature of assistance available under the scheme is a grant of financial assistance to an eligible entity for an eligible activity.\nA grant of financial assistance is not available for—\nfunding an activity that commenced, or was completed, before an application for assistance under the scheme was made; or\nfunding an activity associated with installing or maintaining cluster fencing or predator-proof fencing; or\nmaking payments towards a debt; or\npurchasing land; or\nundertaking training, or paying professional costs, not related to the eligible activity; or\nconducting feasibility studies; or\npaying administration costs.\nThe amount of a grant of financial assistance under the scheme for an eligible activity that is the subject of an application—\nis based on the authority’s assessment of the applicant’s financial position, including the applicant’s ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for; and\nmust not be more than the amount the applicant will contribute to the activity.\nHowever, the maximum amount of a grant of financial assistance under the scheme for an eligible entity for an eligible activity is $200,000.\nsch 41 s 7 ins 2022 SL No. 54 s 4\n(sch.41-sec.7-ssec.1) The nature of assistance available under the scheme is a grant of financial assistance to an eligible entity for an eligible activity.\n(sch.41-sec.7-ssec.2) A grant of financial assistance is not available for— funding an activity that commenced, or was completed, before an application for assistance under the scheme was made; or funding an activity associated with installing or maintaining cluster fencing or predator-proof fencing; or making payments towards a debt; or purchasing land; or undertaking training, or paying professional costs, not related to the eligible activity; or conducting feasibility studies; or paying administration costs.\n(sch.41-sec.7-ssec.3) The amount of a grant of financial assistance under the scheme for an eligible activity that is the subject of an application— is based on the authority’s assessment of the applicant’s financial position, including the applicant’s ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for; and must not be more than the amount the applicant will contribute to the activity.\n(sch.41-sec.7-ssec.4) However, the maximum amount of a grant of financial assistance under the scheme for an eligible entity for an eligible activity is $200,000.\n- (a) funding an activity that commenced, or was completed, before an application for assistance under the scheme was made; or\n- (b) funding an activity associated with installing or maintaining cluster fencing or predator-proof fencing; or\n- (c) making payments towards a debt; or\n- (d) purchasing land; or\n- (e) undertaking training, or paying professional costs, not related to the eligible activity; or\n- (f) conducting feasibility studies; or\n- (g) paying administration costs.\n- (a) is based on the authority’s assessment of the applicant’s financial position, including the applicant’s ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for; and\n- (b) must not be more than the amount the applicant will contribute to the activity.","sortOrder":655},{"sectionNumber":"sch.41-sec.8","sectionType":"section","heading":"Scheme to operate in rounds","content":"### sch.41-sec.8 Scheme to operate in rounds\n\nThe scheme will operate in rounds.\nThe first round of the scheme consists of an expression of interest stage and an application stage.\nEach subsequent round of the scheme may consist of—\nan expression of interest stage and an application stage; or\nan application stage only.\nEach round of the scheme opens on—\nif the round includes an expression of interest stage—the day stated on the authority’s website as the day on or after which an expression of interest in applying for assistance under the scheme may be made; or\notherwise—the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.\nEach round of the scheme closes on the day stated on the authority’s website as the day on which the round closes.\nsch 41 s 8 ins 2022 SL No. 54 s 4\n(sch.41-sec.8-ssec.1) The scheme will operate in rounds.\n(sch.41-sec.8-ssec.2) The first round of the scheme consists of an expression of interest stage and an application stage.\n(sch.41-sec.8-ssec.3) Each subsequent round of the scheme may consist of— an expression of interest stage and an application stage; or an application stage only.\n(sch.41-sec.8-ssec.4) Each round of the scheme opens on— if the round includes an expression of interest stage—the day stated on the authority’s website as the day on or after which an expression of interest in applying for assistance under the scheme may be made; or otherwise—the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.\n(sch.41-sec.8-ssec.5) Each round of the scheme closes on the day stated on the authority’s website as the day on which the round closes.\n- (a) an expression of interest stage and an application stage; or\n- (b) an application stage only.\n- (a) if the round includes an expression of interest stage—the day stated on the authority’s website as the day on or after which an expression of interest in applying for assistance under the scheme may be made; or\n- (b) otherwise—the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.","sortOrder":656},{"sectionNumber":"sch.41-sec.9","sectionType":"section","heading":"Eligibility criteria","content":"### sch.41-sec.9 Eligibility criteria\n\nFor an applicant to be eligible to receive assistance under the scheme the applicant must—\nbe an eligible entity; and\nbe applying for assistance for an eligible activity; and\nbe able to state the relevant rural area in which the eligible activity will primarily be undertaken (the stated rural area ); and\nnot have previously received assistance under the scheme for a substantially similar activity; and\nnot have received other government funding for the eligible activity; and\ndemonstrate to the authority’s satisfaction that—\nthe applicant has the ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for; and\nthe applicant has adequate experience or other qualifications to give the applicant a reasonable prospect of success in carrying out the activity; and\nthe activity has sound prospects for commercial viability in the long term; and\nthe activity will provide a significant economic benefit to the stated rural area.\nHowever, if an application for assistance under the scheme is made jointly by 2 or more applicants, only 1 applicant must demonstrate the matters mentioned in subsection (1) (f) (i) and (ii) .\nIn this section—\ngovernment funding means financial assistance, other than a loan, provided by the Commonwealth government, the government of a State or a local government.\nsch 41 s 9 ins 2022 SL No. 54 s 4\n(sch.41-sec.9-ssec.1) For an applicant to be eligible to receive assistance under the scheme the applicant must— be an eligible entity; and be applying for assistance for an eligible activity; and be able to state the relevant rural area in which the eligible activity will primarily be undertaken (the stated rural area ); and not have previously received assistance under the scheme for a substantially similar activity; and not have received other government funding for the eligible activity; and demonstrate to the authority’s satisfaction that— the applicant has the ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for; and the applicant has adequate experience or other qualifications to give the applicant a reasonable prospect of success in carrying out the activity; and the activity has sound prospects for commercial viability in the long term; and the activity will provide a significant economic benefit to the stated rural area.\n(sch.41-sec.9-ssec.2) However, if an application for assistance under the scheme is made jointly by 2 or more applicants, only 1 applicant must demonstrate the matters mentioned in subsection (1) (f) (i) and (ii) .\n(sch.41-sec.9-ssec.3) In this section— government funding means financial assistance, other than a loan, provided by the Commonwealth government, the government of a State or a local government.\n- (a) be an eligible entity; and\n- (b) be applying for assistance for an eligible activity; and\n- (c) be able to state the relevant rural area in which the eligible activity will primarily be undertaken (the stated rural area ); and\n- (d) not have previously received assistance under the scheme for a substantially similar activity; and\n- (e) not have received other government funding for the eligible activity; and\n- (f) demonstrate to the authority’s satisfaction that— (i) the applicant has the ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for; and (ii) the applicant has adequate experience or other qualifications to give the applicant a reasonable prospect of success in carrying out the activity; and (iii) the activity has sound prospects for commercial viability in the long term; and (iv) the activity will provide a significant economic benefit to the stated rural area.\n- (i) the applicant has the ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for; and\n- (ii) the applicant has adequate experience or other qualifications to give the applicant a reasonable prospect of success in carrying out the activity; and\n- (iii) the activity has sound prospects for commercial viability in the long term; and\n- (iv) the activity will provide a significant economic benefit to the stated rural area.\n- (i) the applicant has the ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for; and\n- (ii) the applicant has adequate experience or other qualifications to give the applicant a reasonable prospect of success in carrying out the activity; and\n- (iii) the activity has sound prospects for commercial viability in the long term; and\n- (iv) the activity will provide a significant economic benefit to the stated rural area.","sortOrder":657},{"sectionNumber":"sch.41-sec.10","sectionType":"section","heading":"Expressions of interest","content":"### sch.41-sec.10 Expressions of interest\n\nThis section applies if a round of the scheme includes an expression of interest stage.\nThe authority must state on its website, on or before the day the round opens under section 8 , the day that is the last day by which the authority must receive an expression of interest in applying for assistance under the scheme.\nAn expression of interest in applying for assistance under the scheme must—\nbe made in the approved form; and\nbe accompanied by the documents stated in the approved form; and\nbe given to the authority on or before the day mentioned in subsection (2) .\nThe authority must decide to accept or reject each expression of interest made under subsection (3) .\nIf the authority decides to accept an expression of interest, the authority must give the entity that made the expression of interest a written notice stating the entity is invited to apply for assistance under the scheme.\nIf the authority decides to reject an expression of interest—\nthe authority must give the entity that made the expression of interest written notice of the decision; and\nfor part 3A of the Act , the decision is taken to be a decision under section 12 (1) (a) of the Act .\nsch 41 s 10 ins 2022 SL No. 54 s 4\n(sch.41-sec.10-ssec.1) This section applies if a round of the scheme includes an expression of interest stage.\n(sch.41-sec.10-ssec.2) The authority must state on its website, on or before the day the round opens under section 8 , the day that is the last day by which the authority must receive an expression of interest in applying for assistance under the scheme.\n(sch.41-sec.10-ssec.3) An expression of interest in applying for assistance under the scheme must— be made in the approved form; and be accompanied by the documents stated in the approved form; and be given to the authority on or before the day mentioned in subsection (2) .\n(sch.41-sec.10-ssec.4) The authority must decide to accept or reject each expression of interest made under subsection (3) .\n(sch.41-sec.10-ssec.5) If the authority decides to accept an expression of interest, the authority must give the entity that made the expression of interest a written notice stating the entity is invited to apply for assistance under the scheme.\n(sch.41-sec.10-ssec.6) If the authority decides to reject an expression of interest— the authority must give the entity that made the expression of interest written notice of the decision; and for part 3A of the Act , the decision is taken to be a decision under section 12 (1) (a) of the Act .\n- (a) be made in the approved form; and\n- (b) be accompanied by the documents stated in the approved form; and\n- (c) be given to the authority on or before the day mentioned in subsection (2) .\n- (a) the authority must give the entity that made the expression of interest written notice of the decision; and\n- (b) for part 3A of the Act , the decision is taken to be a decision under section 12 (1) (a) of the Act .","sortOrder":658},{"sectionNumber":"sch.41-sec.11","sectionType":"section","heading":"Applications","content":"### sch.41-sec.11 Applications\n\nFor each round of the scheme, an application for assistance under the scheme must—\nbe made in the approved form; and\nbe accompanied by the documents stated in the approved form; and\nbe given to the authority—\non or after the day stated on the authority’s website as the day on or after which the application may be made; and\nbefore the end of the day on which the round of the scheme closes.\nAlso, an application for assistance under the scheme may be made only if—\nthe applicant has previously made an expression of interest in applying for assistance under the scheme, whether for the first round or any subsequent round; and\nthe authority—\ndecided to accept the applicant’s expression of interest; and\ngave the applicant a written notice stating the applicant is invited to apply for assistance under the scheme.\nIf the authority asks the applicant to give further information to decide the application, the applicant must give the authority the information.\nsch 41 s 11 ins 2022 SL No. 54 s 4\n(sch.41-sec.11-ssec.1) For each round of the scheme, an application for assistance under the scheme must— be made in the approved form; and be accompanied by the documents stated in the approved form; and be given to the authority— on or after the day stated on the authority’s website as the day on or after which the application may be made; and before the end of the day on which the round of the scheme closes.\n(sch.41-sec.11-ssec.2) Also, an application for assistance under the scheme may be made only if— the applicant has previously made an expression of interest in applying for assistance under the scheme, whether for the first round or any subsequent round; and the authority— decided to accept the applicant’s expression of interest; and gave the applicant a written notice stating the applicant is invited to apply for assistance under the scheme.\n(sch.41-sec.11-ssec.3) If the authority asks the applicant to give further information to decide the application, the applicant must give the authority the information.\n- (a) be made in the approved form; and\n- (b) be accompanied by the documents stated in the approved form; and\n- (c) be given to the authority— (i) on or after the day stated on the authority’s website as the day on or after which the application may be made; and (ii) before the end of the day on which the round of the scheme closes.\n- (i) on or after the day stated on the authority’s website as the day on or after which the application may be made; and\n- (ii) before the end of the day on which the round of the scheme closes.\n- (i) on or after the day stated on the authority’s website as the day on or after which the application may be made; and\n- (ii) before the end of the day on which the round of the scheme closes.\n- (a) the applicant has previously made an expression of interest in applying for assistance under the scheme, whether for the first round or any subsequent round; and\n- (b) the authority— (i) decided to accept the applicant’s expression of interest; and (ii) gave the applicant a written notice stating the applicant is invited to apply for assistance under the scheme.\n- (i) decided to accept the applicant’s expression of interest; and\n- (ii) gave the applicant a written notice stating the applicant is invited to apply for assistance under the scheme.\n- (i) decided to accept the applicant’s expression of interest; and\n- (ii) gave the applicant a written notice stating the applicant is invited to apply for assistance under the scheme.","sortOrder":659},{"sectionNumber":"sch.41-sec.12","sectionType":"section","heading":"Deciding applications","content":"### sch.41-sec.12 Deciding applications\n\nThe authority must decide to approve, or refuse to approve, each application for assistance under the scheme that complies with section 11 .\nIn approving an application, the authority may, with the agreement of the applicant, approve a lesser amount of assistance than the amount applied for in the application.\nThe authority must refuse to approve an application if the authority’s funds for assistance for a round of the scheme are not sufficient to pay for the assistance applied for in the application.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\nsch 41 s 12 ins 2022 SL No. 54 s 4\n(sch.41-sec.12-ssec.1) The authority must decide to approve, or refuse to approve, each application for assistance under the scheme that complies with section 11 .\n(sch.41-sec.12-ssec.2) In approving an application, the authority may, with the agreement of the applicant, approve a lesser amount of assistance than the amount applied for in the application.\n(sch.41-sec.12-ssec.3) The authority must refuse to approve an application if the authority’s funds for assistance for a round of the scheme are not sufficient to pay for the assistance applied for in the application.\n(sch.41-sec.12-ssec.4) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.","sortOrder":660},{"sectionNumber":"sch.41-sec.13","sectionType":"section","heading":"Priority of consideration for approval of applications","content":"### sch.41-sec.13 Priority of consideration for approval of applications\n\nThe authority must consider approving applications for assistance under the scheme in the following decreasing order of priority—\napplications for assistance for eligible activities the authority considers will provide the greatest benefit to a relevant rural area in relation to economic development;\napplications for assistance for eligible activities the authority considers will provide the least benefit to a relevant rural area in relation to economic development.\nsch 41 s 13 ins 2022 SL No. 54 s 4\n- (a) applications for assistance for eligible activities the authority considers will provide the greatest benefit to a relevant rural area in relation to economic development;\n- (b) applications for assistance for eligible activities the authority considers will provide the least benefit to a relevant rural area in relation to economic development.","sortOrder":661},{"sectionNumber":"sch.41-sec.14","sectionType":"section","heading":"Conditions of assistance","content":"### sch.41-sec.14 Conditions of assistance\n\nThe payment to an eligible entity of a grant of financial assistance under the scheme is subject to the following conditions—\nbefore receiving the assistance, the entity must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\nthe entity must not disclose that an application for assistance under the scheme has been approved by the authority until the authority has publicly announced the approval;\nif requested by the authority, the entity must, from time to time, give the authority a report about how the assistance is enabling the entity to achieve outcomes consistent with the purpose of the assistance mentioned in section 2 ;\nthe entity must comply with the terms of the agreement mentioned in paragraph (a) .\nsch 41 s 14 ins 2022 SL No. 54 s 4\n- (a) before receiving the assistance, the entity must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) the entity must not disclose that an application for assistance under the scheme has been approved by the authority until the authority has publicly announced the approval;\n- (c) if requested by the authority, the entity must, from time to time, give the authority a report about how the assistance is enabling the entity to achieve outcomes consistent with the purpose of the assistance mentioned in section 2 ;\n- (d) the entity must comply with the terms of the agreement mentioned in paragraph (a) .","sortOrder":662},{"sectionNumber":"sch.41-sec.15","sectionType":"section","heading":"Payment of financial assistance","content":"### sch.41-sec.15 Payment of financial assistance\n\nThe authority may make a grant of financial assistance under the scheme in a single payment or in instalments, at intervals decided by the authority.\nsch 41 s 15 ins 2022 SL No. 54 s 4","sortOrder":663},{"sectionNumber":"sch.42-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":664},{"sectionNumber":"sch.42-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.42-sec.1 Objective of scheme\n\nThe objective of the scheme is to make eligible zero emission vehicles more affordable for eligible individuals and eligible entities.\nsch 42 s 1 ins 2022 SL No. 89 s 5","sortOrder":665},{"sectionNumber":"sch.42-sec.2","sectionType":"section","heading":"Purpose of scheme","content":"### sch.42-sec.2 Purpose of scheme\n\nThe purpose of the scheme is to provide rebates to eligible individuals and eligible entities to offset the cost of purchasing an eligible zero emission vehicle.\nsch 42 s 2 ins 2022 SL No. 89 s 5","sortOrder":666},{"sectionNumber":"sch.42-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.42-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means an entity applying for assistance under the scheme.\ndutiable value , of a motor vehicle, has the meaning given by the Duties Act 2001 , section 378 (1) and (3) (a) .\neligible business see section 6 .\neligible entity means—\nan eligible business; or\nan eligible non-profit organisation.\neligible non-profit organisation means a charity or other non-profit entity that—\nis incorporated under a law of the Commonwealth or a State; and\nholds an Australian Business Number.\neligible zero emission vehicle see section 4 .\nmotor dealer means a person who holds a motor dealer licence under the Motor Dealers and Chattel Auctioneers Act 2014 .\nmotor vehicle see section 5 .\nscheme means the scheme set out in this schedule.\nsch 42 s 3 ins 2022 SL No. 89 s 5\n- (a) an eligible business; or\n- (b) an eligible non-profit organisation.\n- (a) is incorporated under a law of the Commonwealth or a State; and\n- (b) holds an Australian Business Number.","sortOrder":667},{"sectionNumber":"sch.42-sec.4","sectionType":"section","heading":"Meaning of eligible zero emission vehicle","content":"### sch.42-sec.4 Meaning of eligible zero emission vehicle\n\nA motor vehicle is an eligible zero emission vehicle if the motor vehicle—\nproduces no exhaust fumes or emissions from its motor; and\nhas a GVM of 4.5t or less; and\nis not a conditionally registrable vehicle.\nHowever, subsection (1) (a) is not satisfied in relation to a motor vehicle if the vehicle has been converted or retrofitted to make it produce no exhaust fumes or emissions from its motor.\nIn this section—\nconditionally registrable vehicle see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , schedule 8 .\nGVM (gross vehicle mass) see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\nsch 42 s 4 ins 2022 SL No. 89 s 5\n(sch.42-sec.4-ssec.1) A motor vehicle is an eligible zero emission vehicle if the motor vehicle— produces no exhaust fumes or emissions from its motor; and has a GVM of 4.5t or less; and is not a conditionally registrable vehicle.\n(sch.42-sec.4-ssec.2) However, subsection (1) (a) is not satisfied in relation to a motor vehicle if the vehicle has been converted or retrofitted to make it produce no exhaust fumes or emissions from its motor.\n(sch.42-sec.4-ssec.3) In this section— conditionally registrable vehicle see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 , schedule 8 . GVM (gross vehicle mass) see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\n- (a) produces no exhaust fumes or emissions from its motor; and\n- (b) has a GVM of 4.5t or less; and\n- (c) is not a conditionally registrable vehicle.","sortOrder":668},{"sectionNumber":"sch.42-sec.5","sectionType":"section","heading":"Meaning of motor vehicle","content":"### sch.42-sec.5 Meaning of motor vehicle\n\nA motor vehicle is a vehicle that moves on 4 wheels and is propelled by a motor that forms part of the vehicle.\nHowever, a motor vehicle does not include any of the following—\na motorised mobility device;\na low powered toy scooter;\na tractor or farm machinery;\na vehicle designed for use exclusively in the mining or construction industry;\na vehicle designed for use exclusively on a railway or tramway.\nIn this section—\nlow powered toy scooter see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\nmotorised mobility device see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\nsch 42 s 5 ins 2022 SL No. 89 s 5\namd 2023 SL No. 81 s 4 ; 2024 Act No. 2 s 80 sch 1\n(sch.42-sec.5-ssec.1) A motor vehicle is a vehicle that moves on 4 wheels and is propelled by a motor that forms part of the vehicle.\n(sch.42-sec.5-ssec.2) However, a motor vehicle does not include any of the following— a motorised mobility device; a low powered toy scooter; a tractor or farm machinery; a vehicle designed for use exclusively in the mining or construction industry; a vehicle designed for use exclusively on a railway or tramway.\n(sch.42-sec.5-ssec.3) In this section— low powered toy scooter see the Transport Operations (Road Use Management) Act 1995 , schedule 4 . motorised mobility device see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\n- (a) a motorised mobility device;\n- (b) a low powered toy scooter;\n- (c) a tractor or farm machinery;\n- (d) a vehicle designed for use exclusively in the mining or construction industry;\n- (e) a vehicle designed for use exclusively on a railway or tramway.","sortOrder":669},{"sectionNumber":"sch.42-sec.6","sectionType":"section","heading":"Meaning of eligible business","content":"### sch.42-sec.6 Meaning of eligible business\n\nA business is an eligible business if an entity holds an Australian Business Number for the business.\nHowever, a business is not an eligible business if the business—\nis a fleet management business; or\nis carried on under a motor dealer licence or otherwise involves the sale of motor vehicles; or\nis carried on by a government entity.\nIn this section—\nfleet management business means the business of leasing or managing motor vehicles for another entity.\ngovernment entity means—\na government entity within the meaning of the Public Sector Act 2022 , section 276 ; or\na local government; or\na government owned corporation; or\nan Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or\nan entity that is wholly owned by an entity mentioned in paragraph (a) , (b) , (c) or (d) .\nmotor dealer licence means a motor dealer licence under the Motor Dealers and Chattel Auctioneers Act 2014 .\nsch 42 s 6 ins 2022 SL No. 89 s 5\namd 2023 SL No. 35 s 4\n(sch.42-sec.6-ssec.1) A business is an eligible business if an entity holds an Australian Business Number for the business.\n(sch.42-sec.6-ssec.2) However, a business is not an eligible business if the business— is a fleet management business; or is carried on under a motor dealer licence or otherwise involves the sale of motor vehicles; or is carried on by a government entity.\n(sch.42-sec.6-ssec.3) In this section— fleet management business means the business of leasing or managing motor vehicles for another entity. government entity means— a government entity within the meaning of the Public Sector Act 2022 , section 276 ; or a local government; or a government owned corporation; or an Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or an entity that is wholly owned by an entity mentioned in paragraph (a) , (b) , (c) or (d) . motor dealer licence means a motor dealer licence under the Motor Dealers and Chattel Auctioneers Act 2014 .\n- (a) is a fleet management business; or\n- (b) is carried on under a motor dealer licence or otherwise involves the sale of motor vehicles; or\n- (c) is carried on by a government entity.\n- (a) a government entity within the meaning of the Public Sector Act 2022 , section 276 ; or\n- (b) a local government; or\n- (c) a government owned corporation; or\n- (d) an Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or\n- (e) an entity that is wholly owned by an entity mentioned in paragraph (a) , (b) , (c) or (d) .","sortOrder":670},{"sectionNumber":"sch.42-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":671},{"sectionNumber":"sch.42-sec.7","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.42-sec.7 Nature and amount of assistance\n\nThe nature and amount of the assistance available to an applicant under the scheme is—\nfor an applicant who is eligible for assistance under section 8 (1) —\nif section 8 (1) (g) applies to the applicant—a rebate of $6,000 for 1 eligible zero emission vehicle purchased by the applicant; or\notherwise—a rebate of $3,000 for 1 eligible zero emission vehicle purchased by the applicant; or\nfor an applicant who is eligible for further assistance under section 8 (2) in relation to an eligible zero emission vehicle purchased by the applicant—a further rebate of $3,000 for the vehicle; or\nfor an applicant who is eligible for assistance under section 9 —a rebate of $3,000 for each eligible zero emission vehicle, to a maximum of 5 vehicles, purchased by the applicant during a financial year.\nsch 42 s 7 ins 2022 SL No. 89 s 5\namd 2023 SL No. 81 s 5\n- (a) for an applicant who is eligible for assistance under section 8 (1) — (i) if section 8 (1) (g) applies to the applicant—a rebate of $6,000 for 1 eligible zero emission vehicle purchased by the applicant; or (ii) otherwise—a rebate of $3,000 for 1 eligible zero emission vehicle purchased by the applicant; or\n- (i) if section 8 (1) (g) applies to the applicant—a rebate of $6,000 for 1 eligible zero emission vehicle purchased by the applicant; or\n- (ii) otherwise—a rebate of $3,000 for 1 eligible zero emission vehicle purchased by the applicant; or\n- (b) for an applicant who is eligible for further assistance under section 8 (2) in relation to an eligible zero emission vehicle purchased by the applicant—a further rebate of $3,000 for the vehicle; or\n- (c) for an applicant who is eligible for assistance under section 9 —a rebate of $3,000 for each eligible zero emission vehicle, to a maximum of 5 vehicles, purchased by the applicant during a financial year.\n- (i) if section 8 (1) (g) applies to the applicant—a rebate of $6,000 for 1 eligible zero emission vehicle purchased by the applicant; or\n- (ii) otherwise—a rebate of $3,000 for 1 eligible zero emission vehicle purchased by the applicant; or","sortOrder":672},{"sectionNumber":"sch.42-sec.8","sectionType":"section","heading":"Eligibility criteria—assistance for individuals","content":"### sch.42-sec.8 Eligibility criteria—assistance for individuals\n\nAn applicant who is an individual is eligible to receive assistance under the scheme if—\nthe applicant resides in Queensland; and\non or after 16 March 2022, the applicant—\npurchased an eligible zero emission vehicle from a motor dealer in Queensland; and\nregistered the vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 in the name of the applicant or another entity; and\nwhen the applicant purchased the vehicle, the vehicle—\nhad not previously been registered in Queensland or elsewhere; and\nhad a dutiable value of—\nif the applicant purchased the vehicle before 21 April 2023—$58,000 or less; or\nif the applicant purchased the vehicle on or after 21 April 2023—$68,000 or less; and\nthe applicant did not finance the purchase of the vehicle under a lease; and\nthe applicant has not received assistance under the scheme for another eligible zero emission vehicle; and\na person has not, in another State, received a rebate, grant or subsidy to offset the cost of purchasing the vehicle; and\nfor an applicant seeking a rebate of $6,000—the applicant gives the authority relevant evidence for a relevant financial year showing that—\nif the applicant does not have a spouse—the taxable income of the applicant for the year is $180,000 or less; or\nif the applicant has a spouse—the combined taxable income of the applicant and the applicant’s spouse for the year is $180,000 or less.\nAn applicant who is an individual is also eligible to receive further assistance under the scheme if—\nthe applicant received assistance under the scheme before the commencement of this subsection in relation to the purchase of an eligible zero emission vehicle; and\nthe applicant gives the authority relevant evidence for a relevant financial year showing that—\nif the applicant does not have a spouse—the taxable income of the applicant for the year is $180,000 or less; or\nif the applicant has a spouse—the combined taxable income of the applicant and the applicant’s spouse for the year is $180,000 or less; and\na person has not, in another State, received a rebate, grant or subsidy to offset the cost of purchasing the vehicle.\nIn this section—\nrelevant evidence means—\na notice of assessment issued under the Income Tax Assessment Act 1997 (Cwlth) ; or\nother evidence, to the satisfaction of the authority, about an individual’s taxable income.\nrelevant financial year means—\nthe most recent financial year before the application is made; or\nif there is no relevant evidence for the financial year mentioned in paragraph (a) —the financial year before that financial year.\nspouse , of an individual, means the individual’s spouse within the meaning of the Income Tax Assessment Act 1997 (Cwlth) .\ntaxable income , of an individual, means the individual’s taxable income within the meaning of the Income Tax Assessment Act 1997 (Cwlth) .\nsch 42 s 8 ins 2022 SL No. 89 s 5\namd 2023 SL No. 81 s 6\n(sch.42-sec.8-ssec.1) An applicant who is an individual is eligible to receive assistance under the scheme if— the applicant resides in Queensland; and on or after 16 March 2022, the applicant— purchased an eligible zero emission vehicle from a motor dealer in Queensland; and registered the vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 in the name of the applicant or another entity; and when the applicant purchased the vehicle, the vehicle— had not previously been registered in Queensland or elsewhere; and had a dutiable value of— if the applicant purchased the vehicle before 21 April 2023—$58,000 or less; or if the applicant purchased the vehicle on or after 21 April 2023—$68,000 or less; and the applicant did not finance the purchase of the vehicle under a lease; and the applicant has not received assistance under the scheme for another eligible zero emission vehicle; and a person has not, in another State, received a rebate, grant or subsidy to offset the cost of purchasing the vehicle; and for an applicant seeking a rebate of $6,000—the applicant gives the authority relevant evidence for a relevant financial year showing that— if the applicant does not have a spouse—the taxable income of the applicant for the year is $180,000 or less; or if the applicant has a spouse—the combined taxable income of the applicant and the applicant’s spouse for the year is $180,000 or less.\n(sch.42-sec.8-ssec.2) An applicant who is an individual is also eligible to receive further assistance under the scheme if— the applicant received assistance under the scheme before the commencement of this subsection in relation to the purchase of an eligible zero emission vehicle; and the applicant gives the authority relevant evidence for a relevant financial year showing that— if the applicant does not have a spouse—the taxable income of the applicant for the year is $180,000 or less; or if the applicant has a spouse—the combined taxable income of the applicant and the applicant’s spouse for the year is $180,000 or less; and a person has not, in another State, received a rebate, grant or subsidy to offset the cost of purchasing the vehicle.\n(sch.42-sec.8-ssec.3) In this section— relevant evidence means— a notice of assessment issued under the Income Tax Assessment Act 1997 (Cwlth) ; or other evidence, to the satisfaction of the authority, about an individual’s taxable income. relevant financial year means— the most recent financial year before the application is made; or if there is no relevant evidence for the financial year mentioned in paragraph (a) —the financial year before that financial year. spouse , of an individual, means the individual’s spouse within the meaning of the Income Tax Assessment Act 1997 (Cwlth) . taxable income , of an individual, means the individual’s taxable income within the meaning of the Income Tax Assessment Act 1997 (Cwlth) .\n- (a) the applicant resides in Queensland; and\n- (b) on or after 16 March 2022, the applicant— (i) purchased an eligible zero emission vehicle from a motor dealer in Queensland; and (ii) registered the vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 in the name of the applicant or another entity; and\n- (i) purchased an eligible zero emission vehicle from a motor dealer in Queensland; and\n- (ii) registered the vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 in the name of the applicant or another entity; and\n- (c) when the applicant purchased the vehicle, the vehicle— (i) had not previously been registered in Queensland or elsewhere; and (ii) had a dutiable value of— (A) if the applicant purchased the vehicle before 21 April 2023—$58,000 or less; or (B) if the applicant purchased the vehicle on or after 21 April 2023—$68,000 or less; and\n- (i) had not previously been registered in Queensland or elsewhere; and\n- (ii) had a dutiable value of— (A) if the applicant purchased the vehicle before 21 April 2023—$58,000 or less; or (B) if the applicant purchased the vehicle on or after 21 April 2023—$68,000 or less; and\n- (A) if the applicant purchased the vehicle before 21 April 2023—$58,000 or less; or\n- (B) if the applicant purchased the vehicle on or after 21 April 2023—$68,000 or less; and\n- (d) the applicant did not finance the purchase of the vehicle under a lease; and\n- (e) the applicant has not received assistance under the scheme for another eligible zero emission vehicle; and\n- (f) a person has not, in another State, received a rebate, grant or subsidy to offset the cost of purchasing the vehicle; and\n- (g) for an applicant seeking a rebate of $6,000—the applicant gives the authority relevant evidence for a relevant financial year showing that— (i) if the applicant does not have a spouse—the taxable income of the applicant for the year is $180,000 or less; or (ii) if the applicant has a spouse—the combined taxable income of the applicant and the applicant’s spouse for the year is $180,000 or less.\n- (i) if the applicant does not have a spouse—the taxable income of the applicant for the year is $180,000 or less; or\n- (ii) if the applicant has a spouse—the combined taxable income of the applicant and the applicant’s spouse for the year is $180,000 or less.\n- (i) purchased an eligible zero emission vehicle from a motor dealer in Queensland; and\n- (ii) registered the vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 in the name of the applicant or another entity; and\n- (i) had not previously been registered in Queensland or elsewhere; and\n- (ii) had a dutiable value of— (A) if the applicant purchased the vehicle before 21 April 2023—$58,000 or less; or (B) if the applicant purchased the vehicle on or after 21 April 2023—$68,000 or less; and\n- (A) if the applicant purchased the vehicle before 21 April 2023—$58,000 or less; or\n- (B) if the applicant purchased the vehicle on or after 21 April 2023—$68,000 or less; and\n- (A) if the applicant purchased the vehicle before 21 April 2023—$58,000 or less; or\n- (B) if the applicant purchased the vehicle on or after 21 April 2023—$68,000 or less; and\n- (i) if the applicant does not have a spouse—the taxable income of the applicant for the year is $180,000 or less; or\n- (ii) if the applicant has a spouse—the combined taxable income of the applicant and the applicant’s spouse for the year is $180,000 or less.\n- (a) the applicant received assistance under the scheme before the commencement of this subsection in relation to the purchase of an eligible zero emission vehicle; and\n- (b) the applicant gives the authority relevant evidence for a relevant financial year showing that— (i) if the applicant does not have a spouse—the taxable income of the applicant for the year is $180,000 or less; or (ii) if the applicant has a spouse—the combined taxable income of the applicant and the applicant’s spouse for the year is $180,000 or less; and\n- (i) if the applicant does not have a spouse—the taxable income of the applicant for the year is $180,000 or less; or\n- (ii) if the applicant has a spouse—the combined taxable income of the applicant and the applicant’s spouse for the year is $180,000 or less; and\n- (c) a person has not, in another State, received a rebate, grant or subsidy to offset the cost of purchasing the vehicle.\n- (i) if the applicant does not have a spouse—the taxable income of the applicant for the year is $180,000 or less; or\n- (ii) if the applicant has a spouse—the combined taxable income of the applicant and the applicant’s spouse for the year is $180,000 or less; and\n- (a) a notice of assessment issued under the Income Tax Assessment Act 1997 (Cwlth) ; or\n- (b) other evidence, to the satisfaction of the authority, about an individual’s taxable income.\n- (a) the most recent financial year before the application is made; or\n- (b) if there is no relevant evidence for the financial year mentioned in paragraph (a) —the financial year before that financial year.","sortOrder":673},{"sectionNumber":"sch.42-sec.9","sectionType":"section","heading":"Eligibility criteria—assistance for eligible entities","content":"### sch.42-sec.9 Eligibility criteria—assistance for eligible entities\n\nAn applicant is eligible to receive assistance under the scheme for an eligible entity if—\nthe applicant is—\nfor an entity that is an eligible business—the owner of the business; or\nfor an entity that is an eligible non-profit organisation—the non-profit organisation; and\non or after 16 March 2022, the applicant—\npurchased an eligible zero emission vehicle from a motor dealer in Queensland; and\nregistered the vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 in the name of the owner of the eligible business or the eligible non-profit organisation; and\nwhen the applicant purchased the vehicle, the vehicle—\nhad not previously been registered in Queensland or elsewhere; and\nhad a dutiable value of—\nif the applicant purchased the vehicle before 21 April 2023—$58,000 or less; or\nif the applicant purchased the vehicle on or after 21 April 2023—$68,000 or less; and\nthe applicant did not finance the purchase of the vehicle under a lease; and\nthe applicant has not received assistance under the scheme for the eligible entity for more than 4 eligible zero emission vehicles purchased in the same financial year; and\na person has not, in another State, received a rebate, grant or subsidy to offset the cost of purchasing the vehicle.\nIn this section—\nowner , of an eligible business, means the sole trader, partnership, private company, public company or trust that carries on the business.\nsch 42 s 9 ins 2022 SL No. 89 s 5\namd 2023 SL No. 81 s 7\n(sch.42-sec.9-ssec.1) An applicant is eligible to receive assistance under the scheme for an eligible entity if— the applicant is— for an entity that is an eligible business—the owner of the business; or for an entity that is an eligible non-profit organisation—the non-profit organisation; and on or after 16 March 2022, the applicant— purchased an eligible zero emission vehicle from a motor dealer in Queensland; and registered the vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 in the name of the owner of the eligible business or the eligible non-profit organisation; and when the applicant purchased the vehicle, the vehicle— had not previously been registered in Queensland or elsewhere; and had a dutiable value of— if the applicant purchased the vehicle before 21 April 2023—$58,000 or less; or if the applicant purchased the vehicle on or after 21 April 2023—$68,000 or less; and the applicant did not finance the purchase of the vehicle under a lease; and the applicant has not received assistance under the scheme for the eligible entity for more than 4 eligible zero emission vehicles purchased in the same financial year; and a person has not, in another State, received a rebate, grant or subsidy to offset the cost of purchasing the vehicle.\n(sch.42-sec.9-ssec.2) In this section— owner , of an eligible business, means the sole trader, partnership, private company, public company or trust that carries on the business.\n- (a) the applicant is— (i) for an entity that is an eligible business—the owner of the business; or (ii) for an entity that is an eligible non-profit organisation—the non-profit organisation; and\n- (i) for an entity that is an eligible business—the owner of the business; or\n- (ii) for an entity that is an eligible non-profit organisation—the non-profit organisation; and\n- (b) on or after 16 March 2022, the applicant— (i) purchased an eligible zero emission vehicle from a motor dealer in Queensland; and (ii) registered the vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 in the name of the owner of the eligible business or the eligible non-profit organisation; and\n- (i) purchased an eligible zero emission vehicle from a motor dealer in Queensland; and\n- (ii) registered the vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 in the name of the owner of the eligible business or the eligible non-profit organisation; and\n- (c) when the applicant purchased the vehicle, the vehicle— (i) had not previously been registered in Queensland or elsewhere; and (ii) had a dutiable value of— (A) if the applicant purchased the vehicle before 21 April 2023—$58,000 or less; or (B) if the applicant purchased the vehicle on or after 21 April 2023—$68,000 or less; and\n- (i) had not previously been registered in Queensland or elsewhere; and\n- (ii) had a dutiable value of— (A) if the applicant purchased the vehicle before 21 April 2023—$58,000 or less; or (B) if the applicant purchased the vehicle on or after 21 April 2023—$68,000 or less; and\n- (A) if the applicant purchased the vehicle before 21 April 2023—$58,000 or less; or\n- (B) if the applicant purchased the vehicle on or after 21 April 2023—$68,000 or less; and\n- (d) the applicant did not finance the purchase of the vehicle under a lease; and\n- (e) the applicant has not received assistance under the scheme for the eligible entity for more than 4 eligible zero emission vehicles purchased in the same financial year; and\n- (f) a person has not, in another State, received a rebate, grant or subsidy to offset the cost of purchasing the vehicle.\n- (i) for an entity that is an eligible business—the owner of the business; or\n- (ii) for an entity that is an eligible non-profit organisation—the non-profit organisation; and\n- (i) purchased an eligible zero emission vehicle from a motor dealer in Queensland; and\n- (ii) registered the vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 in the name of the owner of the eligible business or the eligible non-profit organisation; and\n- (i) had not previously been registered in Queensland or elsewhere; and\n- (ii) had a dutiable value of— (A) if the applicant purchased the vehicle before 21 April 2023—$58,000 or less; or (B) if the applicant purchased the vehicle on or after 21 April 2023—$68,000 or less; and\n- (A) if the applicant purchased the vehicle before 21 April 2023—$58,000 or less; or\n- (B) if the applicant purchased the vehicle on or after 21 April 2023—$68,000 or less; and\n- (A) if the applicant purchased the vehicle before 21 April 2023—$58,000 or less; or\n- (B) if the applicant purchased the vehicle on or after 21 April 2023—$68,000 or less; and","sortOrder":674},{"sectionNumber":"sch.42-sec.10","sectionType":"section","heading":"Scheme open from 1 July 2022","content":"### sch.42-sec.10 Scheme open from 1 July 2022\n\nThe scheme—\nopens on 1 July 2022; and\ncloses when the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.\nsch 42 s 10 ins 2022 SL No. 89 s 5\n- (a) opens on 1 July 2022; and\n- (b) closes when the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.","sortOrder":675},{"sectionNumber":"sch.42-sec.11","sectionType":"section","heading":"Requirements for applications","content":"### sch.42-sec.11 Requirements for applications\n\nAn application for assistance under the scheme must—\nbe made on the application form approved by the authority; and\nbe accompanied by the documents stated in the application form; and\nbe given to the authority while the scheme is open under section 10 .\nIf the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\nsch 42 s 11 ins 2022 SL No. 89 s 5\n(sch.42-sec.11-ssec.1) An application for assistance under the scheme must— be made on the application form approved by the authority; and be accompanied by the documents stated in the application form; and be given to the authority while the scheme is open under section 10 .\n(sch.42-sec.11-ssec.2) If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\n- (a) be made on the application form approved by the authority; and\n- (b) be accompanied by the documents stated in the application form; and\n- (c) be given to the authority while the scheme is open under section 10 .","sortOrder":676},{"sectionNumber":"sch.42-sec.12","sectionType":"section","heading":"Deciding applications","content":"### sch.42-sec.12 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 11 (1) .\nThe authority must consider applications in the order they are received by the authority.\nThe authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\nsch 42 s 12 ins 2022 SL No. 89 s 5\n(sch.42-sec.12-ssec.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) .\n(sch.42-sec.12-ssec.2) The authority must consider applications in the order they are received by the authority.\n(sch.42-sec.12-ssec.3) 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.\n(sch.42-sec.12-ssec.4) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.","sortOrder":677},{"sectionNumber":"sch.43-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":678},{"sectionNumber":"sch.43-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.43-sec.1 Objective of scheme\n\nThe objective of the scheme is to encourage the use of electric vehicles by providing financial assistance for the installation or upgrade of infrastructure for charging electric vehicles for public use.\nsch 43 s 1 ins 2022 SL No. 90 s 5","sortOrder":679},{"sectionNumber":"sch.43-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.43-sec.2 Purpose of assistance\n\nThe purpose of financial assistance under the scheme is to help particular entities pay for projects that install or upgrade infrastructure for charging electric vehicles for public use.\nsch 43 s 2 ins 2022 SL No. 90 s 5","sortOrder":680},{"sectionNumber":"sch.43-sec.3","sectionType":"section","heading":"Definitions for scheme","content":"### sch.43-sec.3 Definitions for scheme\n\nIn this schedule—\napproved form means a form approved by the authority.\neligible project see section 4 .\npriority zone A means any of the following places—\nAgnes Water;\nAirlie Beach;\nBundaberg;\nCairns;\nEmu Park;\nGladstone;\nHervey Bay;\nIngham;\nMackay;\nRainbow Beach;\nRockhampton;\nSeventeen Seventy;\nTannum Sands;\nToowoomba;\nYeppoon.\npriority zone B means any of the following places—\nAlpha;\nAtherton;\nAugathella;\nBanana;\nBiloela;\nDalby;\nGayndah;\nGoomeri;\nMareeba;\nMitchell;\nMonto;\nMoonie;\nNanango;\nPentland;\nTambo;\nTaroom.\npriority zone C means any place that is not within priority zone A or priority zone B.\nscheme means the scheme set out in this schedule.\nsch 43 s 3 ins 2022 SL No. 90 s 5\n- (a) Agnes Water;\n- (b) Airlie Beach;\n- (c) Bundaberg;\n- (d) Cairns;\n- (e) Emu Park;\n- (f) Gladstone;\n- (g) Hervey Bay;\n- (h) Ingham;\n- (i) Mackay;\n- (j) Rainbow Beach;\n- (k) Rockhampton;\n- (l) Seventeen Seventy;\n- (m) Tannum Sands;\n- (n) Toowoomba;\n- (o) Yeppoon.\n- (a) Alpha;\n- (b) Atherton;\n- (c) Augathella;\n- (d) Banana;\n- (e) Biloela;\n- (f) Dalby;\n- (g) Gayndah;\n- (h) Goomeri;\n- (i) Mareeba;\n- (j) Mitchell;\n- (k) Monto;\n- (l) Moonie;\n- (m) Nanango;\n- (n) Pentland;\n- (o) Tambo;\n- (p) Taroom.","sortOrder":681},{"sectionNumber":"sch.43-sec.4","sectionType":"section","heading":"Meaning of eligible project","content":"### sch.43-sec.4 Meaning of eligible project\n\nAn eligible project is a project the authority is satisfied will install or upgrade infrastructure for charging electric vehicles, with the following characteristics—\ncharging bays allowing access to charging stations that are able to charge vehicles at a rate of at least 75kW DC for each hour;\nat least 1 charging station with a charging plug that can charge at a rate of at least 22kW AC or DC;\ncharging stations powered solely by renewable energy;\nfor charging stations within priority zone A—at least 4 charging bays;\nfor charging stations within priority zone B or priority zone C—at least 2 charging bays;\ncharging bays available for public use.\nIn this section—\ncharging bay means a space designed to park an electric vehicle for charging the vehicle.\ncharging plug means a part of the charging station that can be plugged into an electric vehicle to charge the vehicle.\ncharging station means equipment for charging an electric vehicle.\nsch 43 s 4 ins 2022 SL No. 90 s 5\namd 2024 SL No. 220 s 3\n(sch.43-sec.4-ssec.1) An eligible project is a project the authority is satisfied will install or upgrade infrastructure for charging electric vehicles, with the following characteristics— charging bays allowing access to charging stations that are able to charge vehicles at a rate of at least 75kW DC for each hour; at least 1 charging station with a charging plug that can charge at a rate of at least 22kW AC or DC; charging stations powered solely by renewable energy; for charging stations within priority zone A—at least 4 charging bays; for charging stations within priority zone B or priority zone C—at least 2 charging bays; charging bays available for public use.\n(sch.43-sec.4-ssec.2) In this section— charging bay means a space designed to park an electric vehicle for charging the vehicle. charging plug means a part of the charging station that can be plugged into an electric vehicle to charge the vehicle. charging station means equipment for charging an electric vehicle.\n- (a) charging bays allowing access to charging stations that are able to charge vehicles at a rate of at least 75kW DC for each hour;\n- (b) at least 1 charging station with a charging plug that can charge at a rate of at least 22kW AC or DC;\n- (c) charging stations powered solely by renewable energy;\n- (d) for charging stations within priority zone A—at least 4 charging bays;\n- (e) for charging stations within priority zone B or priority zone C—at least 2 charging bays;\n- (f) charging bays available for public use.","sortOrder":682},{"sectionNumber":"sch.43-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":683},{"sectionNumber":"sch.43-sec.5","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.43-sec.5 Nature and amount of assistance\n\nThe nature of assistance available under the scheme is a grant of financial assistance to an entity for an eligible project.\nThe amount of financial assistance available is up to 50% of the total project cost for an eligible project, to a maximum amount of $3m.\nIn this section—\ntotal project cost , for an eligible project—\nmeans the total of the capital costs for—\npurchasing infrastructure for the project; and\ninstalling and commissioning the infrastructure; but\ndoes not include a cost—\nrelated to purchasing land on which the infrastructure will be installed; or\nrelated to preparing an expression of interest or application for financial assistance under the scheme; or\nrelated to sales or promotional activity for the project; or\nincurred after the infrastructure is installed and ready for use, including for example, any cost for ongoing maintenance, administration, operation or subsequent improvement of the infrastructure.\nsch 43 s 5 ins 2022 SL No. 90 s 5\n(sch.43-sec.5-ssec.1) The nature of assistance available under the scheme is a grant of financial assistance to an entity for an eligible project.\n(sch.43-sec.5-ssec.2) The amount of financial assistance available is up to 50% of the total project cost for an eligible project, to a maximum amount of $3m.\n(sch.43-sec.5-ssec.3) In this section— total project cost , for an eligible project— means the total of the capital costs for— purchasing infrastructure for the project; and installing and commissioning the infrastructure; but does not include a cost— related to purchasing land on which the infrastructure will be installed; or related to preparing an expression of interest or application for financial assistance under the scheme; or related to sales or promotional activity for the project; or incurred after the infrastructure is installed and ready for use, including for example, any cost for ongoing maintenance, administration, operation or subsequent improvement of the infrastructure.\n- (a) means the total of the capital costs for— (i) purchasing infrastructure for the project; and (ii) installing and commissioning the infrastructure; but\n- (i) purchasing infrastructure for the project; and\n- (ii) installing and commissioning the infrastructure; but\n- (b) does not include a cost— (i) related to purchasing land on which the infrastructure will be installed; or (ii) related to preparing an expression of interest or application for financial assistance under the scheme; or (iii) related to sales or promotional activity for the project; or (iv) incurred after the infrastructure is installed and ready for use, including for example, any cost for ongoing maintenance, administration, operation or subsequent improvement of the infrastructure.\n- (i) related to purchasing land on which the infrastructure will be installed; or\n- (ii) related to preparing an expression of interest or application for financial assistance under the scheme; or\n- (iii) related to sales or promotional activity for the project; or\n- (iv) incurred after the infrastructure is installed and ready for use, including for example, any cost for ongoing maintenance, administration, operation or subsequent improvement of the infrastructure.\n- (i) purchasing infrastructure for the project; and\n- (ii) installing and commissioning the infrastructure; but\n- (i) related to purchasing land on which the infrastructure will be installed; or\n- (ii) related to preparing an expression of interest or application for financial assistance under the scheme; or\n- (iii) related to sales or promotional activity for the project; or\n- (iv) incurred after the infrastructure is installed and ready for use, including for example, any cost for ongoing maintenance, administration, operation or subsequent improvement of the infrastructure.","sortOrder":684},{"sectionNumber":"sch.43-sec.6","sectionType":"section","heading":"Scheme to operate in 2 stages","content":"### sch.43-sec.6 Scheme to operate in 2 stages\n\nThe scheme will operate in 2 stages.\nThe first stage of the scheme is an expression of interest stage.\nThe second stage of the scheme is an application stage.\nThe first stage of the scheme will open on the day stated on the authority’s website as the day on or after which an expression of interest in applying for financial assistance under the scheme may be made.\nThe first stage of the scheme will close on the day stated on the authority’s website as the day on which the stage closes.\nsch 43 s 6 ins 2022 SL No. 90 s 5\n(sch.43-sec.6-ssec.1) The scheme will operate in 2 stages.\n(sch.43-sec.6-ssec.2) The first stage of the scheme is an expression of interest stage.\n(sch.43-sec.6-ssec.3) The second stage of the scheme is an application stage.\n(sch.43-sec.6-ssec.4) The first stage of the scheme will open on the day stated on the authority’s website as the day on or after which an expression of interest in applying for financial assistance under the scheme may be made.\n(sch.43-sec.6-ssec.5) The first stage of the scheme will close on the day stated on the authority’s website as the day on which the stage closes.","sortOrder":685},{"sectionNumber":"sch.43-sec.7","sectionType":"section","heading":"Eligibility criteria","content":"### sch.43-sec.7 Eligibility criteria\n\nFor an entity to receive financial assistance under the scheme the entity must—\nbe carrying out activities that benefit Queensland’s economy or support communities in Queensland; and\nbe applying for financial assistance for an eligible project; and\nnot have received other government funding for the eligible project.\nIn this section—\ngovernment funding —\nmeans funding, other than a loan, provided by the Commonwealth government, the government of a State or a local government; but\ndoes not include funding contributed to an eligible project by the entity undertaking the project.\nsch 43 s 7 ins 2022 SL No. 90 s 5\n(sch.43-sec.7-ssec.1) For an entity to receive financial assistance under the scheme the entity must— be carrying out activities that benefit Queensland’s economy or support communities in Queensland; and be applying for financial assistance for an eligible project; and not have received other government funding for the eligible project.\n(sch.43-sec.7-ssec.2) In this section— government funding — means funding, other than a loan, provided by the Commonwealth government, the government of a State or a local government; but does not include funding contributed to an eligible project by the entity undertaking the project.\n- (a) be carrying out activities that benefit Queensland’s economy or support communities in Queensland; and\n- (b) be applying for financial assistance for an eligible project; and\n- (c) not have received other government funding for the eligible project.\n- (a) means funding, other than a loan, provided by the Commonwealth government, the government of a State or a local government; but\n- (b) does not include funding contributed to an eligible project by the entity undertaking the project.","sortOrder":686},{"sectionNumber":"sch.43-sec.8","sectionType":"section","heading":"Expression of interest stage","content":"### sch.43-sec.8 Expression of interest stage\n\nBefore an entity may apply for financial assistance under the scheme, the entity must give the authority an expression of interest in applying for financial assistance under the scheme.\nThe expression of interest must—\nbe made in the approved form; and\nbe accompanied by the documents stated in the approved form; and\nbe given to the authority on or before the day mentioned in section 6 (5) .\nThe authority must decide to accept or reject each expression of interest made by an entity under subsections (1) and (2) .\nIf the authority decides to accept the expression of interest, the authority must give the entity a written notice stating—\nthe entity is invited to apply for financial assistance under the scheme; and\nthe day on or before which the application must be made.\nIf the authority decides to reject the expression of interest, the authority must give the entity written notice of the decision.\nsch 43 s 8 ins 2022 SL No. 90 s 5\n(sch.43-sec.8-ssec.1) Before an entity may apply for financial assistance under the scheme, the entity must give the authority an expression of interest in applying for financial assistance under the scheme.\n(sch.43-sec.8-ssec.2) The expression of interest must— be made in the approved form; and be accompanied by the documents stated in the approved form; and be given to the authority on or before the day mentioned in section 6 (5) .\n(sch.43-sec.8-ssec.3) The authority must decide to accept or reject each expression of interest made by an entity under subsections (1) and (2) .\n(sch.43-sec.8-ssec.4) If the authority decides to accept the expression of interest, the authority must give the entity a written notice stating— the entity is invited to apply for financial assistance under the scheme; and the day on or before which the application must be made.\n(sch.43-sec.8-ssec.5) If the authority decides to reject the expression of interest, the authority must give the entity written notice of the decision.\n- (a) be made in the approved form; and\n- (b) be accompanied by the documents stated in the approved form; and\n- (c) be given to the authority on or before the day mentioned in section 6 (5) .\n- (a) the entity is invited to apply for financial assistance under the scheme; and\n- (b) the day on or before which the application must be made.","sortOrder":687},{"sectionNumber":"sch.43-sec.9","sectionType":"section","heading":"Application stage","content":"### sch.43-sec.9 Application stage\n\nAn application for financial assistance under the scheme may be made only by an entity invited by the authority to apply for assistance under section 8 (4) .\nThe application must—\nbe made in the approved form; and\nbe accompanied by the documents stated in the approved form; and\nbe given to the authority on or before the day stated in the notice given under section 8 (4) to the entity applying for assistance.\nIf the authority asks an entity to provide further information to decide the entity’s application, the entity must provide the information.\nsch 43 s 9 ins 2022 SL No. 90 s 5\n(sch.43-sec.9-ssec.1) An application for financial assistance under the scheme may be made only by an entity invited by the authority to apply for assistance under section 8 (4) .\n(sch.43-sec.9-ssec.2) The application must— be made in the approved form; and be accompanied by the documents stated in the approved form; and be given to the authority on or before the day stated in the notice given under section 8 (4) to the entity applying for assistance.\n(sch.43-sec.9-ssec.3) If the authority asks an entity to provide further information to decide the entity’s application, the entity must provide the information.\n- (a) be made in the approved form; and\n- (b) be accompanied by the documents stated in the approved form; and\n- (c) be given to the authority on or before the day stated in the notice given under section 8 (4) to the entity applying for assistance.","sortOrder":688},{"sectionNumber":"sch.43-sec.10","sectionType":"section","heading":"Deciding applications","content":"### sch.43-sec.10 Deciding applications\n\nThe authority must decide to approve or refuse to approve each application made under section 9 .\nThe authority may, with the agreement of the entity applying for assistance, approve an amount of financial assistance that is less than the amount applied for.\nThe authority must refuse to approve an application for financial assistance if the authority’s assistance funds for the scheme are not enough to pay for the assistance.\nIf the authority refuses to approve an application made by an entity, the authority must give the entity written notice of the decision.\nsch 43 s 10 ins 2022 SL No. 90 s 5\n(sch.43-sec.10-ssec.1) The authority must decide to approve or refuse to approve each application made under section 9 .\n(sch.43-sec.10-ssec.2) The authority may, with the agreement of the entity applying for assistance, approve an amount of financial assistance that is less than the amount applied for.\n(sch.43-sec.10-ssec.3) The authority must refuse to approve an application for financial assistance if the authority’s assistance funds for the scheme are not enough to pay for the assistance.\n(sch.43-sec.10-ssec.4) If the authority refuses to approve an application made by an entity, the authority must give the entity written notice of the decision.","sortOrder":689},{"sectionNumber":"sch.43-sec.11","sectionType":"section","heading":"Priority of consideration for approval of applications","content":"### sch.43-sec.11 Priority of consideration for approval of applications\n\nThe authority must consider approving applications for financial assistance for eligible projects under the scheme in the following order of priority—\nfirstly—applications the authority considers will provide the greatest benefit to an area within priority zone A or priority zone B in relation to the scheme’s objective;\nsecondly—applications the authority considers will provide the greatest benefit to an area within priority zone C in relation to the scheme’s objective.\nWithout limiting subsection (1) , the authority may consider the following matters in relation to prioritising an application for financial assistance for an eligible project—\nwhether the project represents reasonable value for money;\nthe location of, and demand for, the project;\nthe quality of the project design;\nhow and when the project will be operational and fit for use;\nthe demonstrated experience and knowledge of the persons who will be installing or upgrading infrastructure for the project;\nthe extent to which the project may create or support employment or economic growth in a priority zone.\nsch 43 s 11 ins 2022 SL No. 90 s 5\n(sch.43-sec.11-ssec.1) The authority must consider approving applications for financial assistance for eligible projects under the scheme in the following order of priority— firstly—applications the authority considers will provide the greatest benefit to an area within priority zone A or priority zone B in relation to the scheme’s objective; secondly—applications the authority considers will provide the greatest benefit to an area within priority zone C in relation to the scheme’s objective.\n(sch.43-sec.11-ssec.2) Without limiting subsection (1) , the authority may consider the following matters in relation to prioritising an application for financial assistance for an eligible project— whether the project represents reasonable value for money; the location of, and demand for, the project; the quality of the project design; how and when the project will be operational and fit for use; the demonstrated experience and knowledge of the persons who will be installing or upgrading infrastructure for the project; the extent to which the project may create or support employment or economic growth in a priority zone.\n- (a) firstly—applications the authority considers will provide the greatest benefit to an area within priority zone A or priority zone B in relation to the scheme’s objective;\n- (b) secondly—applications the authority considers will provide the greatest benefit to an area within priority zone C in relation to the scheme’s objective.\n- (a) whether the project represents reasonable value for money;\n- (b) the location of, and demand for, the project;\n- (c) the quality of the project design;\n- (d) how and when the project will be operational and fit for use;\n- (e) the demonstrated experience and knowledge of the persons who will be installing or upgrading infrastructure for the project;\n- (f) the extent to which the project may create or support employment or economic growth in a priority zone.","sortOrder":690},{"sectionNumber":"sch.43-sec.12","sectionType":"section","heading":"Conditions of assistance","content":"### sch.43-sec.12 Conditions of assistance\n\nThe payment to an entity of a grant of financial assistance under the scheme is subject to the following conditions—\nbefore receiving the assistance, the entity must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\nthe entity must comply with the terms of the agreement mentioned in paragraph (a) .\nsch 43 s 12 ins 2022 SL No. 90 s 5\n- (a) before receiving the assistance, the entity must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) the entity must comply with the terms of the agreement mentioned in paragraph (a) .","sortOrder":691},{"sectionNumber":"sch.43-sec.13","sectionType":"section","heading":"Payment of assistance","content":"### sch.43-sec.13 Payment of assistance\n\nThe authority may make a grant of financial assistance under the scheme to an entity only if the authority is satisfied the entity has complied with the terms of the agreement mentioned in section 12 .\nThe authority may make the grant in a single payment or in instalments, at intervals decided by the authority.\nsch 43 s 13 ins 2022 SL No. 90 s 5\n(sch.43-sec.13-ssec.1) The authority may make a grant of financial assistance under the scheme to an entity only if the authority is satisfied the entity has complied with the terms of the agreement mentioned in section 12 .\n(sch.43-sec.13-ssec.2) The authority may make the grant in a single payment or in instalments, at intervals decided by the authority.","sortOrder":692},{"sectionNumber":"sch.44-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":693},{"sectionNumber":"sch.44-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.44-sec.1 Objective of scheme\n\nThe objective of the scheme is to help Queensland communities impacted by recent flooding events to recover quickly from flooding and to become more resilient to future flooding.\nsch 44 s 1 ins 2022 SL No. 105 s 5","sortOrder":694},{"sectionNumber":"sch.44-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.44-sec.2 Purpose of assistance\n\nThe purpose of financial assistance under the scheme is to help owners of eligible homes—\nto repair or retrofit an eligible home to incorporate flood resilient design and materials to make the home more resilient to damage caused by flooding; or\nto raise an eligible home to make the home more resilient to flooding; or\nto relocate an eligible home to an area on the same land on which the home is located; or\nto demolish an eligible home and replace the eligible home with a new home; or\nto demolish an affected part of an eligible home and rebuild that part with a higher floor level.\nsch 44 s 2 ins 2022 SL No. 105 s 5\namd 2022 SL No. 176 s 4 ; 2023 SL No. 184 s 3\n- (a) to repair or retrofit an eligible home to incorporate flood resilient design and materials to make the home more resilient to damage caused by flooding; or\n- (b) to raise an eligible home to make the home more resilient to flooding; or\n- (c) to relocate an eligible home to an area on the same land on which the home is located; or\n- (d) to demolish an eligible home and replace the eligible home with a new home; or\n- (e) to demolish an affected part of an eligible home and rebuild that part with a higher floor level.","sortOrder":695},{"sectionNumber":"sch.44-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.44-sec.3 Definitions for schedule\n\nIn this schedule—\naffected part , of an eligible home, means a part of a home that—\nwas inundated by floodwaters during a disaster event mentioned in section 4 (1) (c) ; or\nis below the flood hazard level that applies to the home.\nsch 44 s 3 def affected part ins 2023 SL No. 184 s 4 (2)\napplicant means an entity applying for financial assistance under the scheme.\ncontribution threshold ...\nsch 44 s 3 def contribution threshold om 2023 SL No. 184 s 4 (1)\ndemolition and replacement works means works to—\ndemolish an eligible home and build a new home, or install a removable home, on the land on which the eligible home is located so that the lowest habitable floor level of the new home, or removable home, is at or above the higher of the following levels—\nthe flood hazard level that applies to the home;\nthe flood event level that applies to the home; or\ndemolish an eligible home if a new home has already been built with its lowest habitable floor level at or above the higher of the following levels—\nthe flood hazard level that applies to the home;\nthe flood event level that applies to the home; or\ndemolish an affected part of an eligible home and build a new part of the home so that the lowest floor level of the part is at or above the higher of the following levels—\nthe flood hazard level that applies to the home;\nthe flood event level that applies to the home.\nsch 44 s 3 def demolition and replacement works ins 2023 SL No. 184 s 4 (2)\ndepartment of energy and public works ...\nsch 44 s 3 def department of energy and public works om 2024 SL No. 46 s 3 (1)\neligible home see section 4 .\neligible works means—\nrepair or retrofit works; or\nhome raising works; or\nrelocation works; or\ndemolition and replacement works.\nsch 44 s 3 def eligible works amd 2022 SL No. 176 s 5 (2)\nsub 2023 SL No. 184 s 4 (1) – (2)\nflood event level , for a home, means the highest level at which floodwaters inundated the home during a disaster event mentioned in section 4 (1) (c) .\nsch 44 s 3 def flood event level ins 2023 SL No. 184 s 4 (2)\nflood hazard level , that applies to a home, means the minimum habitable floor level of residential buildings as determined by the local government for the local government area in which the home is located.\ngranny flat —\nmeans a small building that—\nis capable of providing self-contained accommodation; and\nis attached to land; and\nis detached from the main building on the land used for residential purposes; and\ndoes not include a house, townhouse, unit or manufactured home.\nhabitable floor level , of a home or residential building, means the level of the floors of the habitable rooms of the home or building.\nhabitable room means a habitable room within the meaning of the National Construction Code.\nhardship certificate means a certificate issued by the public works department stating that the chief executive of that department is satisfied that, due to exceptional circumstances, a stated person is unable to contribute to the cost of carrying out eligible works to the person’s home.\nsch 44 s 3 prev sch 44 s 3 def hardship certificate om 2023 SL No. 184 s 4 (1)\npres sch 44 s 3 def hardship certificate ins 2024 SL No. 46 s 3 (2)\nhome raising works —\nmeans works to raise all or part of an eligible home so an affected part is at or above the higher of the following levels—\nthe flood hazard level that applies to the home;\nthe flood event level that applies to the home; and\nincludes preliminary investigation, design and approval works that are required to facilitate works mentioned in paragraph (a) .\nsch 44 s 3 def home raising works ins 2022 SL No. 176 s 5 (1)\nsub 2023 SL No. 184 s 4 (1) – (2)\nhouse means a single detached dwelling on a lot within the meaning of the Land Title Act 1994 .\nlicensed contractor —\nmeans—\na person who holds an electrical licence under the Electrical Safety Act 2002 ; or\na person who holds a licence under the Plumbing and Drainage Act 2018 ; or\na person who holds a licence under the Queensland Building and Construction Commission Act 1991 ; or\na person registered as an architect under the Architects Act 2002 ; or\na person who is a registered professional engineer under the Professional Engineers Act 2002 ; or\na person registered as a surveyor under the Surveyors Act 2003 ; and\ndoes not include the holder of an owner-builder permit under the Queensland Building and Construction Commission Act 1991 , section 43E .\nsch 44 s 3 def licensed contractor amd 2023 SL No. 184 s 4 (3)\nmanufactured home means—\na manufactured home under the Manufactured Homes (Residential Parks) Act 2003 , section 10 ; or\na caravan that has been modified so that it may not be moved from its position using the means ordinarily used to transport the caravan.\nNational Construction Code means the document called ‘National Construction Code’ published by the Australian Building Codes Board.\nowner , of a home, means—\nfor a house—\nthe registered owner, of the lot on which the house is located, under the Land Title Act 1994 ; or\nthe lessee, for the land on which the house is located, under the Land Act 1994 if the lease allows for the residential occupation of a home on the land; or\nthe lessee, for a home ownership lease over the land on which the house is located, under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 ; or\nfor a townhouse or unit—\nthe registered owner of the lot, that is the townhouse or unit, under the Body Corporate and Community Management Act 1997 ; or\nthe proprietor of the lot, that is the townhouse or unit, under the Building Units and Group Titles Act 1980 ; or\nfor a granny flat—\nthe registered owner, of the lot on which the flat is located, under the Land Title Act 1994 ; or\nthe person who, under any arrangement, resides at the flat and has responsibility for making significant repairs or modifications to the flat; or\nfor a manufactured home—the home owner for the manufactured home under the Manufactured Homes (Residential Parks) Act 2003 , section 10 ; or\nfor another home—the person the authority is satisfied owns the home on the basis of an arrangement or document evidencing that the person is the owner or is treated as the owner by the entity that owns the land on which the home is located.\npublic works department means the department in which the Building Act 1975 is administered.\nsch 44 s 3 def public works department ins 2024 SL No. 46 s 3 (2)\nrelocation works means works to relocate an eligible home to a new location on the land on which the eligible home is located so that the habitable floor level of the eligible home is at or above the higher of the following levels—\nthe flood hazard level that applies to the home;\nthe flood event level that applies to the home.\nsch 44 s 3 def relocation works ins 2023 SL No. 184 s 4 (2)\nremovable home means a home that may be—\nrelocated from a location other than the land on which an eligible home is located; and\nestablished on the land on which an eligible home was located before it was demolished.\nrelocating a house that was removed from the land on which the house was originally built\nsch 44 s 3 def removable home ins 2022 SL No. 176 s 5 (1)\nrepair or retrofit works means works to repair or retrofit an eligible home to incorporate flood resilient design and materials in the home.\nsch 44 s 3 def repair or retrofit works ins 2023 SL No. 184 s 4 (2)\nscheme means the scheme set out in this schedule.\ntownhouse means 1 or more attached dwellings that are separated by a common wall.\nunit means a dwelling that is a lot under—\nthe Body Corporate and Community Management Act 1997 ; or\nthe Building Units and Group Titles Act 1980 .\nvalue for money certificate means a certificate issued by the public works department stating that the eligible works carried out, or to be carried out, to a particular eligible home represent value for money.\nsch 44 s 3 def value for money certificate amd 2024 SL No. 46 s 3 (3)\nsch 44 s 3 ins 2022 SL No. 105 s 5\n- (a) was inundated by floodwaters during a disaster event mentioned in section 4 (1) (c) ; or\n- (b) is below the flood hazard level that applies to the home.\n- (a) demolish an eligible home and build a new home, or install a removable home, on the land on which the eligible home is located so that the lowest habitable floor level of the new home, or removable home, is at or above the higher of the following levels— (i) the flood hazard level that applies to the home; (ii) the flood event level that applies to the home; or\n- (i) the flood hazard level that applies to the home;\n- (ii) the flood event level that applies to the home; or\n- (b) demolish an eligible home if a new home has already been built with its lowest habitable floor level at or above the higher of the following levels— (i) the flood hazard level that applies to the home; (ii) the flood event level that applies to the home; or\n- (i) the flood hazard level that applies to the home;\n- (ii) the flood event level that applies to the home; or\n- (c) demolish an affected part of an eligible home and build a new part of the home so that the lowest floor level of the part is at or above the higher of the following levels— (i) the flood hazard level that applies to the home; (ii) the flood event level that applies to the home.\n- (i) the flood hazard level that applies to the home;\n- (ii) the flood event level that applies to the home.\n- (i) the flood hazard level that applies to the home;\n- (ii) the flood event level that applies to the home; or\n- (i) the flood hazard level that applies to the home;\n- (ii) the flood event level that applies to the home; or\n- (i) the flood hazard level that applies to the home;\n- (ii) the flood event level that applies to the home.\n- (a) repair or retrofit works; or\n- (b) home raising works; or\n- (c) relocation works; or\n- (d) demolition and replacement works.\n- (a) means a small building that— (i) is capable of providing self-contained accommodation; and (ii) is attached to land; and (iii) is detached from the main building on the land used for residential purposes; and\n- (i) is capable of providing self-contained accommodation; and\n- (ii) is attached to land; and\n- (iii) is detached from the main building on the land used for residential purposes; and\n- (b) does not include a house, townhouse, unit or manufactured home.\n- (i) is capable of providing self-contained accommodation; and\n- (ii) is attached to land; and\n- (iii) is detached from the main building on the land used for residential purposes; and\n- (a) means works to raise all or part of an eligible home so an affected part is at or above the higher of the following levels— (i) the flood hazard level that applies to the home; (ii) the flood event level that applies to the home; and\n- (i) the flood hazard level that applies to the home;\n- (ii) the flood event level that applies to the home; and\n- (b) includes preliminary investigation, design and approval works that are required to facilitate works mentioned in paragraph (a) .\n- (i) the flood hazard level that applies to the home;\n- (ii) the flood event level that applies to the home; and\n- (a) means— (i) a person who holds an electrical licence under the Electrical Safety Act 2002 ; or (ii) a person who holds a licence under the Plumbing and Drainage Act 2018 ; or (iii) a person who holds a licence under the Queensland Building and Construction Commission Act 1991 ; or (iv) a person registered as an architect under the Architects Act 2002 ; or (v) a person who is a registered professional engineer under the Professional Engineers Act 2002 ; or (vi) a person registered as a surveyor under the Surveyors Act 2003 ; and\n- (i) a person who holds an electrical licence under the Electrical Safety Act 2002 ; or\n- (ii) a person who holds a licence under the Plumbing and Drainage Act 2018 ; or\n- (iii) a person who holds a licence under the Queensland Building and Construction Commission Act 1991 ; or\n- (iv) a person registered as an architect under the Architects Act 2002 ; or\n- (v) a person who is a registered professional engineer under the Professional Engineers Act 2002 ; or\n- (vi) a person registered as a surveyor under the Surveyors Act 2003 ; and\n- (b) does not include the holder of an owner-builder permit under the Queensland Building and Construction Commission Act 1991 , section 43E .\n- (i) a person who holds an electrical licence under the Electrical Safety Act 2002 ; or\n- (ii) a person who holds a licence under the Plumbing and Drainage Act 2018 ; or\n- (iii) a person who holds a licence under the Queensland Building and Construction Commission Act 1991 ; or\n- (iv) a person registered as an architect under the Architects Act 2002 ; or\n- (v) a person who is a registered professional engineer under the Professional Engineers Act 2002 ; or\n- (vi) a person registered as a surveyor under the Surveyors Act 2003 ; and\n- (a) a manufactured home under the Manufactured Homes (Residential Parks) Act 2003 , section 10 ; or\n- (b) a caravan that has been modified so that it may not be moved from its position using the means ordinarily used to transport the caravan.\n- (a) for a house— (i) the registered owner, of the lot on which the house is located, under the Land Title Act 1994 ; or (ii) the lessee, for the land on which the house is located, under the Land Act 1994 if the lease allows for the residential occupation of a home on the land; or (iii) the lessee, for a home ownership lease over the land on which the house is located, under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 ; or\n- (i) the registered owner, of the lot on which the house is located, under the Land Title Act 1994 ; or\n- (ii) the lessee, for the land on which the house is located, under the Land Act 1994 if the lease allows for the residential occupation of a home on the land; or\n- (iii) the lessee, for a home ownership lease over the land on which the house is located, under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 ; or\n- (b) for a townhouse or unit— (i) the registered owner of the lot, that is the townhouse or unit, under the Body Corporate and Community Management Act 1997 ; or (ii) the proprietor of the lot, that is the townhouse or unit, under the Building Units and Group Titles Act 1980 ; or\n- (i) the registered owner of the lot, that is the townhouse or unit, under the Body Corporate and Community Management Act 1997 ; or\n- (ii) the proprietor of the lot, that is the townhouse or unit, under the Building Units and Group Titles Act 1980 ; or\n- (c) for a granny flat— (i) the registered owner, of the lot on which the flat is located, under the Land Title Act 1994 ; or (ii) the person who, under any arrangement, resides at the flat and has responsibility for making significant repairs or modifications to the flat; or\n- (i) the registered owner, of the lot on which the flat is located, under the Land Title Act 1994 ; or\n- (ii) the person who, under any arrangement, resides at the flat and has responsibility for making significant repairs or modifications to the flat; or\n- (d) for a manufactured home—the home owner for the manufactured home under the Manufactured Homes (Residential Parks) Act 2003 , section 10 ; or\n- (e) for another home—the person the authority is satisfied owns the home on the basis of an arrangement or document evidencing that the person is the owner or is treated as the owner by the entity that owns the land on which the home is located.\n- (i) the registered owner, of the lot on which the house is located, under the Land Title Act 1994 ; or\n- (ii) the lessee, for the land on which the house is located, under the Land Act 1994 if the lease allows for the residential occupation of a home on the land; or\n- (iii) the lessee, for a home ownership lease over the land on which the house is located, under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 ; or\n- (i) the registered owner of the lot, that is the townhouse or unit, under the Body Corporate and Community Management Act 1997 ; or\n- (ii) the proprietor of the lot, that is the townhouse or unit, under the Building Units and Group Titles Act 1980 ; or\n- (i) the registered owner, of the lot on which the flat is located, under the Land Title Act 1994 ; or\n- (ii) the person who, under any arrangement, resides at the flat and has responsibility for making significant repairs or modifications to the flat; or\n- (a) the flood hazard level that applies to the home;\n- (b) the flood event level that applies to the home.\n- (a) relocated from a location other than the land on which an eligible home is located; and\n- (b) established on the land on which an eligible home was located before it was demolished.\n- (a) the Body Corporate and Community Management Act 1997 ; or\n- (b) the Building Units and Group Titles Act 1980 .","sortOrder":696},{"sectionNumber":"sch.44-sec.4","sectionType":"section","heading":"What is an eligible home","content":"### sch.44-sec.4 What is an eligible home\n\nA home is an eligible home if—\nthe home is a house, townhouse, unit, granny flat or manufactured home; and\nthe home is used primarily as a residence; and\nthe home is located in a local government area identified as a DRFA activated area in any of the following documents published by the Queensland Reconstruction Authority on its website—\n‘Disaster Recovery Funding Arrangements event Central, Southern and Western Queensland Rainfall and Flooding, 10 November–3 December 2021’;\n‘Disaster Recovery Funding Arrangements event Ex-Tropical Cyclone Seth, 29 December 2021–10 January 2022’;\n‘Disaster Recovery Funding Arrangements event South East Queensland Rainfall and Flooding, 22 February 2022–5 April 2022’;\n‘Disaster Recovery Funding Arrangements event Southern Queensland Flooding, 06–20 May 2022’; and\nparts of the home within the building envelope for the home were inundated by floodwaters during a disaster event mentioned in paragraph (c) .\nIn this section—\nbuilding envelope , for a home—\nmeans the outermost sides of the aggregation of the components of the home that have the primary function of separating the internal part of the home from the external environment; and\nincludes the foundations of the home.\nsch 44 s 4 ins 2022 SL No. 105 s 5\namd 2022 SL No. 176 s 6 ; 2023 SL No. 184 s 5\n(sch.44-sec.4-ssec.1) A home is an eligible home if— the home is a house, townhouse, unit, granny flat or manufactured home; and the home is used primarily as a residence; and the home is located in a local government area identified as a DRFA activated area in any of the following documents published by the Queensland Reconstruction Authority on its website— ‘Disaster Recovery Funding Arrangements event Central, Southern and Western Queensland Rainfall and Flooding, 10 November–3 December 2021’; ‘Disaster Recovery Funding Arrangements event Ex-Tropical Cyclone Seth, 29 December 2021–10 January 2022’; ‘Disaster Recovery Funding Arrangements event South East Queensland Rainfall and Flooding, 22 February 2022–5 April 2022’; ‘Disaster Recovery Funding Arrangements event Southern Queensland Flooding, 06–20 May 2022’; and parts of the home within the building envelope for the home were inundated by floodwaters during a disaster event mentioned in paragraph (c) .\n(sch.44-sec.4-ssec.2) In this section— building envelope , for a home— means the outermost sides of the aggregation of the components of the home that have the primary function of separating the internal part of the home from the external environment; and includes the foundations of the home.\n- (a) the home is a house, townhouse, unit, granny flat or manufactured home; and\n- (b) the home is used primarily as a residence; and\n- (c) the home is located in a local government area identified as a DRFA activated area in any of the following documents published by the Queensland Reconstruction Authority on its website— (i) ‘Disaster Recovery Funding Arrangements event Central, Southern and Western Queensland Rainfall and Flooding, 10 November–3 December 2021’; (ii) ‘Disaster Recovery Funding Arrangements event Ex-Tropical Cyclone Seth, 29 December 2021–10 January 2022’; (iii) ‘Disaster Recovery Funding Arrangements event South East Queensland Rainfall and Flooding, 22 February 2022–5 April 2022’; (iv) ‘Disaster Recovery Funding Arrangements event Southern Queensland Flooding, 06–20 May 2022’; and\n- (i) ‘Disaster Recovery Funding Arrangements event Central, Southern and Western Queensland Rainfall and Flooding, 10 November–3 December 2021’;\n- (ii) ‘Disaster Recovery Funding Arrangements event Ex-Tropical Cyclone Seth, 29 December 2021–10 January 2022’;\n- (iii) ‘Disaster Recovery Funding Arrangements event South East Queensland Rainfall and Flooding, 22 February 2022–5 April 2022’;\n- (iv) ‘Disaster Recovery Funding Arrangements event Southern Queensland Flooding, 06–20 May 2022’; and\n- (d) parts of the home within the building envelope for the home were inundated by floodwaters during a disaster event mentioned in paragraph (c) .\n- (i) ‘Disaster Recovery Funding Arrangements event Central, Southern and Western Queensland Rainfall and Flooding, 10 November–3 December 2021’;\n- (ii) ‘Disaster Recovery Funding Arrangements event Ex-Tropical Cyclone Seth, 29 December 2021–10 January 2022’;\n- (iii) ‘Disaster Recovery Funding Arrangements event South East Queensland Rainfall and Flooding, 22 February 2022–5 April 2022’;\n- (iv) ‘Disaster Recovery Funding Arrangements event Southern Queensland Flooding, 06–20 May 2022’; and\n- (a) means the outermost sides of the aggregation of the components of the home that have the primary function of separating the internal part of the home from the external environment; and\n- (b) includes the foundations of the home.","sortOrder":697},{"sectionNumber":"sch.44-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":698},{"sectionNumber":"sch.44-sec.5","sectionType":"section","heading":"Nature of assistance","content":"### sch.44-sec.5 Nature of assistance\n\nThe nature of the assistance available under the scheme is a grant of financial assistance to carry out eligible works to an eligible home.\nHowever, financial assistance may be granted for only 1 type of eligible works.\nThe types of eligible works are—\nrepair or retrofit works; and\nhome raising works; and\nrelocation works; and\ndemolition and replacement works.\nsch 44 s 5 ins 2022 SL No. 105 s 5\namd 2022 SL No. 176 s 7\nsub 2023 SL No. 184 s 6\n(sch.44-sec.5-ssec.1) The nature of the assistance available under the scheme is a grant of financial assistance to carry out eligible works to an eligible home.\n(sch.44-sec.5-ssec.2) However, financial assistance may be granted for only 1 type of eligible works.\n- (a) repair or retrofit works; and\n- (b) home raising works; and\n- (c) relocation works; and\n- (d) demolition and replacement works.","sortOrder":699},{"sectionNumber":"sch.44-sec.5A","sectionType":"section","heading":"Amount of financial assistance—repair or retrofit works","content":"### sch.44-sec.5A Amount of financial assistance—repair or retrofit works\n\nThe maximum amount of financial assistance available under the scheme for repair or retrofit works is the full cost of the works subject to a 50% contribution from the applicant to the extent the works cost more than $50,000.\nThe repair or retrofit works must be for a part of an eligible home that is below either of the following levels—\nthe flood hazard level that applies to the home;\nthe flood event level that applies to the home.\nsch 44 s 5A ins 2023 SL No. 184 s 6\n(sch.44-sec.5A-ssec.1) The maximum amount of financial assistance available under the scheme for repair or retrofit works is the full cost of the works subject to a 50% contribution from the applicant to the extent the works cost more than $50,000.\n(sch.44-sec.5A-ssec.2) The repair or retrofit works must be for a part of an eligible home that is below either of the following levels— the flood hazard level that applies to the home; the flood event level that applies to the home.\n- (a) the flood hazard level that applies to the home;\n- (b) the flood event level that applies to the home.","sortOrder":700},{"sectionNumber":"sch.44-sec.5B","sectionType":"section","heading":"Amount of financial assistance—home raising works","content":"### sch.44-sec.5B Amount of financial assistance—home raising works\n\nThe maximum amount of financial assistance available under the scheme for home raising works is—\nfor category A works—the full cost of the works subject to a 50% contribution from the applicant to the extent the works cost more than $150,000; or\nfor category B works—$150,000; or\nfor category C works—$50,000.\nHowever, financial assistance is available under the scheme for home raising works only if the report for the eligible home assessment mentioned in section 6 (1) (d) states that it is practicable to raise the eligible home.\nHome raising works for an eligible home are category A works if the habitable floor level of the home is below—\nthe flood hazard level that applies to the home; and\nthe flood event level that applies to the home.\nHome raising works for an eligible home are category B works if category A does not apply but the habitable floor level of the home is below—\nthe flood hazard level that applies to the home; or\nthe flood event level that applies to the home.\nHome raising works for an eligible home are category C works if the works are not category A works or category B works.\nsch 44 s 5B ins 2023 SL No. 184 s 6\namd 2024 SL No. 46 s 4\n(sch.44-sec.5B-ssec.1) The maximum amount of financial assistance available under the scheme for home raising works is— for category A works—the full cost of the works subject to a 50% contribution from the applicant to the extent the works cost more than $150,000; or for category B works—$150,000; or for category C works—$50,000.\n(sch.44-sec.5B-ssec.2) However, financial assistance is available under the scheme for home raising works only if the report for the eligible home assessment mentioned in section 6 (1) (d) states that it is practicable to raise the eligible home.\n(sch.44-sec.5B-ssec.3) Home raising works for an eligible home are category A works if the habitable floor level of the home is below— the flood hazard level that applies to the home; and the flood event level that applies to the home.\n(sch.44-sec.5B-ssec.4) Home raising works for an eligible home are category B works if category A does not apply but the habitable floor level of the home is below— the flood hazard level that applies to the home; or the flood event level that applies to the home.\n(sch.44-sec.5B-ssec.5) Home raising works for an eligible home are category C works if the works are not category A works or category B works.\n- (a) for category A works—the full cost of the works subject to a 50% contribution from the applicant to the extent the works cost more than $150,000; or\n- (b) for category B works—$150,000; or\n- (c) for category C works—$50,000.\n- (a) the flood hazard level that applies to the home; and\n- (b) the flood event level that applies to the home.\n- (a) the flood hazard level that applies to the home; or\n- (b) the flood event level that applies to the home.","sortOrder":701},{"sectionNumber":"sch.44-sec.5C","sectionType":"section","heading":"Amount of financial assistance—relocation works","content":"### sch.44-sec.5C Amount of financial assistance—relocation works\n\nThe maximum amount of financial assistance available under the scheme for relocation works is—\nfor category A works—$150,000; or\nfor category B works—$50,000.\nRelocation works for an eligible home are category A works if the habitable floor level of the home is below—\nthe flood hazard level that applies to the home; or\nthe flood event level that applies to the home.\nRelocation works for an eligible home are category B works if the works are not category A works.\nsch 44 s 5C ins 2023 SL No. 184 s 6\namd 2024 SL No. 46 s 5\n(sch.44-sec.5C-ssec.1) The maximum amount of financial assistance available under the scheme for relocation works is— for category A works—$150,000; or for category B works—$50,000.\n(sch.44-sec.5C-ssec.2) Relocation works for an eligible home are category A works if the habitable floor level of the home is below— the flood hazard level that applies to the home; or the flood event level that applies to the home.\n(sch.44-sec.5C-ssec.3) Relocation works for an eligible home are category B works if the works are not category A works.\n- (a) for category A works—$150,000; or\n- (b) for category B works—$50,000.\n- (a) the flood hazard level that applies to the home; or\n- (b) the flood event level that applies to the home.","sortOrder":702},{"sectionNumber":"sch.44-sec.5D","sectionType":"section","heading":"Amount of financial assistance—demolition and replacement works","content":"### sch.44-sec.5D Amount of financial assistance—demolition and replacement works\n\nThe maximum amount of financial assistance available under the scheme for demolition and replacement works is—\nfor category A works—$150,000; or\nfor category B works—$50,000.\nDemolition and replacement works for an eligible home are category A works if the habitable floor level of the home is below—\nthe flood hazard level that applies to the home; or\nthe flood event level that applies to the home.\nDemolition and replacement works for an eligible home are category B works if the works are not category A works.\nsch 44 s 5D ins 2023 SL No. 184 s 6\namd 2024 SL No. 46 s 6\n(sch.44-sec.5D-ssec.1) The maximum amount of financial assistance available under the scheme for demolition and replacement works is— for category A works—$150,000; or for category B works—$50,000.\n(sch.44-sec.5D-ssec.2) Demolition and replacement works for an eligible home are category A works if the habitable floor level of the home is below— the flood hazard level that applies to the home; or the flood event level that applies to the home.\n(sch.44-sec.5D-ssec.3) Demolition and replacement works for an eligible home are category B works if the works are not category A works.\n- (a) for category A works—$150,000; or\n- (b) for category B works—$50,000.\n- (a) the flood hazard level that applies to the home; or\n- (b) the flood event level that applies to the home.","sortOrder":703},{"sectionNumber":"sch.44-sec.5E","sectionType":"section","heading":"Additional assistance for hardship","content":"### sch.44-sec.5E Additional assistance for hardship\n\nThis section applies if—\nan application for financial assistance under the scheme is for either of the following types of eligible works—\nrepair or retrofit works;\ncategory A home raising works; and\nthe applicant is the stated person for a hardship certificate.\nDespite sections 5A (1) and 5B (1) (a) , the amount of financial assistance available under the scheme for the eligible works is not subject to a contribution from the applicant.\nIn this section—\ncategory A home raising works means home raising works that are category A works under section 5B (3) .\nsch 44 s 5E ins 2023 SL No. 184 s 6\namd 2024 SL No. 46 s 7\n(sch.44-sec.5E-ssec.1) This section applies if— an application for financial assistance under the scheme is for either of the following types of eligible works— repair or retrofit works; category A home raising works; and the applicant is the stated person for a hardship certificate.\n(sch.44-sec.5E-ssec.2) Despite sections 5A (1) and 5B (1) (a) , the amount of financial assistance available under the scheme for the eligible works is not subject to a contribution from the applicant.\n(sch.44-sec.5E-ssec.3) In this section— category A home raising works means home raising works that are category A works under section 5B (3) .\n- (a) an application for financial assistance under the scheme is for either of the following types of eligible works— (i) repair or retrofit works; (ii) category A home raising works; and\n- (i) repair or retrofit works;\n- (ii) category A home raising works; and\n- (b) the applicant is the stated person for a hardship certificate.\n- (i) repair or retrofit works;\n- (ii) category A home raising works; and","sortOrder":704},{"sectionNumber":"sch.44-sec.5F","sectionType":"section","heading":"Multiple eligible homes on same property","content":"### sch.44-sec.5F Multiple eligible homes on same property\n\nThis section applies if there are 2 or more eligible homes on the same property.\nThe maximum amount of financial assistance available under the scheme for eligible works under sections 5A to 5D applies to all the eligible homes on the property collectively.\nIf there are 2 eligible homes on the same property, the maximum amount of financial assistance available under the scheme for category B relocation works to both houses is $50,000 (and not $50,000 for each house).\nThe maximum amount of financial assistance available under the scheme for eligible works is to be divided between the grants of financial assistance relating to the homes in the following way—\nif all the owners of the eligible homes apply for a grant of financial assistance at the same time and have agreed how the amount of financial assistance is to be divided—the agreed way;\notherwise—the way decided by the authority.\nHowever, unless subsection (3) (a) applies, the division of the maximum amount of financial assistance under this section is to be applied in a way that benefits earlier applications over later applications.\nHouses 1 and 2 are eligible homes on the same property. The cost of category B home raising works to each house is $170,000. The owner of house 1 applies for a grant of financial assistance for the full amount of the works ( house 1 application ). As the owner of house 2 has not applied for a grant of financial assistance when the house 1 application is being decided, the maximum amount of financial assistance available under the scheme for the house 1 application is $150,000 and no amount of financial assistance would be available under the scheme for house 2.\nThis section—\napplies regardless of whether the eligible homes have different owners; and\ndoes not apply to an eligible home that is a manufactured home located in a residential park under a site agreement.\nIn this section—\ncategory B home raising works means home raising works that are category B works under section 5B (4) .\ncategory B relocation works means relocation works that are category B works under section 5C (3) .\nproperty means—\na lot within the meaning of the Land Title Act 1994 but does not include a lot under the Building Units and Group Titles Act 1980 ; or\nland subject to a lease held under the Land Act 1994 .\nresidential park see the Manufactured Homes (Residential Parks) Act 2003 , section 12 .\nsite agreement see the Manufactured Homes (Residential Parks) Act 2003 , section 14 .\nsch 44 s 5F ins 2023 SL No. 184 s 6\namd 2024 SL No. 46 s 8\n(sch.44-sec.5F-ssec.1) This section applies if there are 2 or more eligible homes on the same property.\n(sch.44-sec.5F-ssec.2) The maximum amount of financial assistance available under the scheme for eligible works under sections 5A to 5D applies to all the eligible homes on the property collectively. If there are 2 eligible homes on the same property, the maximum amount of financial assistance available under the scheme for category B relocation works to both houses is $50,000 (and not $50,000 for each house).\n(sch.44-sec.5F-ssec.3) The maximum amount of financial assistance available under the scheme for eligible works is to be divided between the grants of financial assistance relating to the homes in the following way— if all the owners of the eligible homes apply for a grant of financial assistance at the same time and have agreed how the amount of financial assistance is to be divided—the agreed way; otherwise—the way decided by the authority.\n(sch.44-sec.5F-ssec.4) However, unless subsection (3) (a) applies, the division of the maximum amount of financial assistance under this section is to be applied in a way that benefits earlier applications over later applications. Houses 1 and 2 are eligible homes on the same property. The cost of category B home raising works to each house is $170,000. The owner of house 1 applies for a grant of financial assistance for the full amount of the works ( house 1 application ). As the owner of house 2 has not applied for a grant of financial assistance when the house 1 application is being decided, the maximum amount of financial assistance available under the scheme for the house 1 application is $150,000 and no amount of financial assistance would be available under the scheme for house 2.\n(sch.44-sec.5F-ssec.5) This section— applies regardless of whether the eligible homes have different owners; and does not apply to an eligible home that is a manufactured home located in a residential park under a site agreement.\n(sch.44-sec.5F-ssec.6) In this section— category B home raising works means home raising works that are category B works under section 5B (4) . category B relocation works means relocation works that are category B works under section 5C (3) . property means— a lot within the meaning of the Land Title Act 1994 but does not include a lot under the Building Units and Group Titles Act 1980 ; or land subject to a lease held under the Land Act 1994 . residential park see the Manufactured Homes (Residential Parks) Act 2003 , section 12 . site agreement see the Manufactured Homes (Residential Parks) Act 2003 , section 14 .\n- (a) if all the owners of the eligible homes apply for a grant of financial assistance at the same time and have agreed how the amount of financial assistance is to be divided—the agreed way;\n- (b) otherwise—the way decided by the authority.\n- (a) applies regardless of whether the eligible homes have different owners; and\n- (b) does not apply to an eligible home that is a manufactured home located in a residential park under a site agreement.\n- (a) a lot within the meaning of the Land Title Act 1994 but does not include a lot under the Building Units and Group Titles Act 1980 ; or\n- (b) land subject to a lease held under the Land Act 1994 .","sortOrder":705},{"sectionNumber":"sch.44-sec.6","sectionType":"section","heading":"Eligibility for assistance","content":"### sch.44-sec.6 Eligibility for assistance\n\nAn applicant is eligible to receive a grant of financial assistance under the scheme for carrying out works to a home if—\nthe applicant is the owner of the home; and\nthe works are eligible works; and\nthe home is an eligible home; and\nan eligible home assessment has been completed for the home and—\nfor works that have not been started—the report for the assessment identifies the works as eligible works suitable to be carried out to the home; or\nfor works that have been started or are completed—the report for the assessment confirms that the works—\nare eligible works; and\nare being, or were, carried out by a licensed contractor; and\nare being, or were, carried out because of inundation by floodwaters during a disaster event mentioned in section 4 (1) (c) ; and\nthe applicant—\nhas obtained a quote from a licensed contractor to carry out the works; or\nhas been given an invoice for carrying out the works from the licensed contractor who carried out the works; or\nhas a receipt for payment to a licensed contractor who carried out the works; or\nhas entered into a contract with a licensed contractor for the carrying out of the works; and\nthe public works department has issued a value for money certificate for the eligible works; and\nif the applicant is required to make a 50% contribution to the cost of the eligible works—the applicant is able to make the contribution.\nSee sections 5A to 5F for whether an applicant is required to make a contribution to the cost of eligible works.\nHowever, the applicant is only eligible for conditional approval of a grant of financial assistance under the scheme if the applicant—\ndoes not have a receipt for payment to the licensed contractor who carried out the works; or\nhas not entered into a contract with a licensed contractor for the carrying out of the works.\nDespite subsection (1) , an applicant is not eligible to receive financial assistance under the scheme for carrying out eligible works to a home if the applicant has received any combination of the following to a total amount equal to or more than the maximum amount of financial assistance available to the applicant under the scheme for carrying out the eligible works—\na grant of financial assistance under the scheme for the home;\nfunding for the eligible works under another government scheme.\nSubsection (3B) applies if—\nthe applicant has received a grant or funding mentioned in subsection (3) (a) or (b) for the eligible works; and\nthe total amount of the grant or funding received by the applicant is less than the maximum amount of financial assistance that would otherwise be available to the applicant under the scheme for carrying out the eligible works.\nDespite sections 5A to 5D , the maximum amount of financial assistance the applicant may receive under the scheme for carrying out the eligible works is limited to the difference between—\nthe maximum amount of financial assistance that would otherwise be available to the applicant under the scheme for carrying out the eligible works; and\nthe total amount of the grant or funding mentioned in subsection (3) (a) or (b) received by the applicant.\nThis section applies subject to section 7 .\nIn this section—\neligible home assessment means an assessment of a home, undertaken by or for the public works department, to identify the eligible works that may be suitable to be carried out to the home or to identify if works done to the home are eligible works.\ngovernment scheme means a scheme for providing financial assistance that is administered or funded by a local government, the State or the Commonwealth.\nsch 44 s 6 ins 2022 SL No. 105 s 5\namd 2023 SL No. 184 s 7 ; 2024 SL No. 46 s 9\n(sch.44-sec.6-ssec.1) An applicant is eligible to receive a grant of financial assistance under the scheme for carrying out works to a home if— the applicant is the owner of the home; and the works are eligible works; and the home is an eligible home; and an eligible home assessment has been completed for the home and— for works that have not been started—the report for the assessment identifies the works as eligible works suitable to be carried out to the home; or for works that have been started or are completed—the report for the assessment confirms that the works— are eligible works; and are being, or were, carried out by a licensed contractor; and are being, or were, carried out because of inundation by floodwaters during a disaster event mentioned in section 4 (1) (c) ; and the applicant— has obtained a quote from a licensed contractor to carry out the works; or has been given an invoice for carrying out the works from the licensed contractor who carried out the works; or has a receipt for payment to a licensed contractor who carried out the works; or has entered into a contract with a licensed contractor for the carrying out of the works; and the public works department has issued a value for money certificate for the eligible works; and if the applicant is required to make a 50% contribution to the cost of the eligible works—the applicant is able to make the contribution. See sections 5A to 5F for whether an applicant is required to make a contribution to the cost of eligible works.\n(sch.44-sec.6-ssec.2) However, the applicant is only eligible for conditional approval of a grant of financial assistance under the scheme if the applicant— does not have a receipt for payment to the licensed contractor who carried out the works; or has not entered into a contract with a licensed contractor for the carrying out of the works.\n(sch.44-sec.6-ssec.3) Despite subsection (1) , an applicant is not eligible to receive financial assistance under the scheme for carrying out eligible works to a home if the applicant has received any combination of the following to a total amount equal to or more than the maximum amount of financial assistance available to the applicant under the scheme for carrying out the eligible works— a grant of financial assistance under the scheme for the home; funding for the eligible works under another government scheme.\n(sch.44-sec.6-ssec.3A) Subsection (3B) applies if— the applicant has received a grant or funding mentioned in subsection (3) (a) or (b) for the eligible works; and the total amount of the grant or funding received by the applicant is less than the maximum amount of financial assistance that would otherwise be available to the applicant under the scheme for carrying out the eligible works.\n(sch.44-sec.6-ssec.3B) Despite sections 5A to 5D , the maximum amount of financial assistance the applicant may receive under the scheme for carrying out the eligible works is limited to the difference between— the maximum amount of financial assistance that would otherwise be available to the applicant under the scheme for carrying out the eligible works; and the total amount of the grant or funding mentioned in subsection (3) (a) or (b) received by the applicant.\n(sch.44-sec.6-ssec.4) This section applies subject to section 7 .\n(sch.44-sec.6-ssec.5) In this section— eligible home assessment means an assessment of a home, undertaken by or for the public works department, to identify the eligible works that may be suitable to be carried out to the home or to identify if works done to the home are eligible works. government scheme means a scheme for providing financial assistance that is administered or funded by a local government, the State or the Commonwealth.\n- (a) the applicant is the owner of the home; and\n- (b) the works are eligible works; and\n- (c) the home is an eligible home; and\n- (d) an eligible home assessment has been completed for the home and— (i) for works that have not been started—the report for the assessment identifies the works as eligible works suitable to be carried out to the home; or (ii) for works that have been started or are completed—the report for the assessment confirms that the works— (A) are eligible works; and (B) are being, or were, carried out by a licensed contractor; and (C) are being, or were, carried out because of inundation by floodwaters during a disaster event mentioned in section 4 (1) (c) ; and\n- (i) for works that have not been started—the report for the assessment identifies the works as eligible works suitable to be carried out to the home; or\n- (ii) for works that have been started or are completed—the report for the assessment confirms that the works— (A) are eligible works; and (B) are being, or were, carried out by a licensed contractor; and (C) are being, or were, carried out because of inundation by floodwaters during a disaster event mentioned in section 4 (1) (c) ; and\n- (A) are eligible works; and\n- (B) are being, or were, carried out by a licensed contractor; and\n- (C) are being, or were, carried out because of inundation by floodwaters during a disaster event mentioned in section 4 (1) (c) ; and\n- (e) the applicant— (i) has obtained a quote from a licensed contractor to carry out the works; or (ii) has been given an invoice for carrying out the works from the licensed contractor who carried out the works; or (iii) has a receipt for payment to a licensed contractor who carried out the works; or (iv) has entered into a contract with a licensed contractor for the carrying out of the works; and\n- (i) has obtained a quote from a licensed contractor to carry out the works; or\n- (ii) has been given an invoice for carrying out the works from the licensed contractor who carried out the works; or\n- (iii) has a receipt for payment to a licensed contractor who carried out the works; or\n- (iv) has entered into a contract with a licensed contractor for the carrying out of the works; and\n- (f) the public works department has issued a value for money certificate for the eligible works; and\n- (g) if the applicant is required to make a 50% contribution to the cost of the eligible works—the applicant is able to make the contribution. Note— See sections 5A to 5F for whether an applicant is required to make a contribution to the cost of eligible works.\n- (i) for works that have not been started—the report for the assessment identifies the works as eligible works suitable to be carried out to the home; or\n- (ii) for works that have been started or are completed—the report for the assessment confirms that the works— (A) are eligible works; and (B) are being, or were, carried out by a licensed contractor; and (C) are being, or were, carried out because of inundation by floodwaters during a disaster event mentioned in section 4 (1) (c) ; and\n- (A) are eligible works; and\n- (B) are being, or were, carried out by a licensed contractor; and\n- (C) are being, or were, carried out because of inundation by floodwaters during a disaster event mentioned in section 4 (1) (c) ; and\n- (A) are eligible works; and\n- (B) are being, or were, carried out by a licensed contractor; and\n- (C) are being, or were, carried out because of inundation by floodwaters during a disaster event mentioned in section 4 (1) (c) ; and\n- (i) has obtained a quote from a licensed contractor to carry out the works; or\n- (ii) has been given an invoice for carrying out the works from the licensed contractor who carried out the works; or\n- (iii) has a receipt for payment to a licensed contractor who carried out the works; or\n- (iv) has entered into a contract with a licensed contractor for the carrying out of the works; and\n- (a) does not have a receipt for payment to the licensed contractor who carried out the works; or\n- (b) has not entered into a contract with a licensed contractor for the carrying out of the works.\n- (a) a grant of financial assistance under the scheme for the home;\n- (b) funding for the eligible works under another government scheme.\n- (a) the applicant has received a grant or funding mentioned in subsection (3) (a) or (b) for the eligible works; and\n- (b) the total amount of the grant or funding received by the applicant is less than the maximum amount of financial assistance that would otherwise be available to the applicant under the scheme for carrying out the eligible works.\n- (a) the maximum amount of financial assistance that would otherwise be available to the applicant under the scheme for carrying out the eligible works; and\n- (b) the total amount of the grant or funding mentioned in subsection (3) (a) or (b) received by the applicant.","sortOrder":706},{"sectionNumber":"sch.44-sec.7","sectionType":"section","heading":"Effect of insurance","content":"### sch.44-sec.7 Effect of insurance\n\nThis section applies if—\nan applicant applies for a grant of financial assistance under the scheme for carrying out the following eligible works to an eligible home—\nrepair and retrofit works;\ndemolition and replacement works; and\ndamage to the eligible home was caused by any of the following during a disaster event mentioned in section 4 (1) (c) —\ninundation by floodwaters;\nstorms;\nstormwater runoff;\nrainwater damage; and\na policy of insurance over the eligible home may cover all or some of the damage (the insurance ).\nThe applicant is not eligible to receive financial assistance under the scheme until—\na claim is made under the policy of insurance for the damage; and\nthe insurer either—\naccepts liability to pay an amount for the damage or to pay for repairing the damage; or\nrejects the claim.\nIf the insurance covers the full cost of the eligible works, the applicant is not eligible to receive financial assistance under the scheme.\nHowever, subsections (2) and (3) apply to an insurance claim only to the extent the insurance claim relates to damage that would be addressed by the eligible works for which the financial assistance is sought.\nIf the insurance covers part of the cost of the eligible works, the financial assistance the applicant may receive under the scheme is limited to the extent to which the insurance does not cover the cost of the eligible works.\nIf the cost of the eligible works is $40,000 and the insurer is to pay $8,000 in relation to the eligible works, the amount of financial assistance the applicant may receive under the scheme for the eligible works is limited to $32,000.\nFor subsections (3) and (5) , the extent to which the insurance covers the cost of eligible works is the extent to which—\nthe insurer accepts liability to pay for the eligible works; or\nunder the policy of insurance, the insurer pays the policy holder an amount for the damage.\nFor subsection (6) (b) , if the insurer gave the policy holder an itemised breakdown of what the payment relates to, the amount of the payment does not include that part of the payment that is for something other than the eligible works.\nIf the insurer pays the policy holder an amount of $15,000 for the damage and, under the itemised breakdown of the payment, $5,000 of the payment is for replacement of a damaged rain water tank and fence, the amount of the payment for subsection (6) (b) is $10,000.\nIn this section—\ninsurer means the insurer under the policy of insurance mentioned in subsection (1) (c) .\nsch 44 s 7 ins 2022 SL No. 105 s 5\namd 2022 SL No. 176 s 8 ; 2023 SL No. 184 s 8\n(sch.44-sec.7-ssec.1) This section applies if— an applicant applies for a grant of financial assistance under the scheme for carrying out the following eligible works to an eligible home— repair and retrofit works; demolition and replacement works; and damage to the eligible home was caused by any of the following during a disaster event mentioned in section 4 (1) (c) — inundation by floodwaters; storms; stormwater runoff; rainwater damage; and a policy of insurance over the eligible home may cover all or some of the damage (the insurance ).\n(sch.44-sec.7-ssec.2) The applicant is not eligible to receive financial assistance under the scheme until— a claim is made under the policy of insurance for the damage; and the insurer either— accepts liability to pay an amount for the damage or to pay for repairing the damage; or rejects the claim.\n(sch.44-sec.7-ssec.3) If the insurance covers the full cost of the eligible works, the applicant is not eligible to receive financial assistance under the scheme.\n(sch.44-sec.7-ssec.4) However, subsections (2) and (3) apply to an insurance claim only to the extent the insurance claim relates to damage that would be addressed by the eligible works for which the financial assistance is sought.\n(sch.44-sec.7-ssec.5) If the insurance covers part of the cost of the eligible works, the financial assistance the applicant may receive under the scheme is limited to the extent to which the insurance does not cover the cost of the eligible works. If the cost of the eligible works is $40,000 and the insurer is to pay $8,000 in relation to the eligible works, the amount of financial assistance the applicant may receive under the scheme for the eligible works is limited to $32,000.\n(sch.44-sec.7-ssec.6) For subsections (3) and (5) , the extent to which the insurance covers the cost of eligible works is the extent to which— the insurer accepts liability to pay for the eligible works; or under the policy of insurance, the insurer pays the policy holder an amount for the damage.\n(sch.44-sec.7-ssec.7) For subsection (6) (b) , if the insurer gave the policy holder an itemised breakdown of what the payment relates to, the amount of the payment does not include that part of the payment that is for something other than the eligible works. If the insurer pays the policy holder an amount of $15,000 for the damage and, under the itemised breakdown of the payment, $5,000 of the payment is for replacement of a damaged rain water tank and fence, the amount of the payment for subsection (6) (b) is $10,000.\n(sch.44-sec.7-ssec.8) In this section— insurer means the insurer under the policy of insurance mentioned in subsection (1) (c) .\n- (a) an applicant applies for a grant of financial assistance under the scheme for carrying out the following eligible works to an eligible home— (i) repair and retrofit works; (ii) demolition and replacement works; and\n- (i) repair and retrofit works;\n- (ii) demolition and replacement works; and\n- (b) damage to the eligible home was caused by any of the following during a disaster event mentioned in section 4 (1) (c) — (i) inundation by floodwaters; (ii) storms; (iii) stormwater runoff; (iv) rainwater damage; and\n- (i) inundation by floodwaters;\n- (ii) storms;\n- (iii) stormwater runoff;\n- (iv) rainwater damage; and\n- (c) a policy of insurance over the eligible home may cover all or some of the damage (the insurance ).\n- (i) repair and retrofit works;\n- (ii) demolition and replacement works; and\n- (i) inundation by floodwaters;\n- (ii) storms;\n- (iii) stormwater runoff;\n- (iv) rainwater damage; and\n- (a) a claim is made under the policy of insurance for the damage; and\n- (b) the insurer either— (i) accepts liability to pay an amount for the damage or to pay for repairing the damage; or (ii) rejects the claim.\n- (i) accepts liability to pay an amount for the damage or to pay for repairing the damage; or\n- (ii) rejects the claim.\n- (i) accepts liability to pay an amount for the damage or to pay for repairing the damage; or\n- (ii) rejects the claim.\n- (a) the insurer accepts liability to pay for the eligible works; or\n- (b) under the policy of insurance, the insurer pays the policy holder an amount for the damage.","sortOrder":707},{"sectionNumber":"sch.44-sec.8","sectionType":"section","heading":"Requirement for applications","content":"### sch.44-sec.8 Requirement for applications\n\nAn application for a grant of financial assistance under the scheme must—\nbe made in the approved form; and\nbe accompanied by the documents stated in the approved form; and\nbe given to the authority no later than the closing date for applications decided by the authority.\nIf the authority asks the applicant to provide further information to decide the application, the applicant must provide the information to the authority.\nThe closing date decided by the authority under subsection (1) (c) must be published on the public works department’s website.\nIn this section—\napproved form means a form approved by the authority.\nsch 44 s 8 ins 2022 SL No. 105 s 5\namd 2023 SL No. 184 s 9 ; 2024 SL No. 46 s 10\n(sch.44-sec.8-ssec.1) An application for a grant of financial assistance under the scheme must— be made in the approved form; and be accompanied by the documents stated in the approved form; and be given to the authority no later than the closing date for applications decided by the authority.\n(sch.44-sec.8-ssec.2) If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information to the authority.\n(sch.44-sec.8-ssec.2A) The closing date decided by the authority under subsection (1) (c) must be published on the public works department’s website.\n(sch.44-sec.8-ssec.3) In this section— approved form means a form approved by the authority.\n- (a) be made in the approved form; and\n- (b) be accompanied by the documents stated in the approved form; and\n- (c) be given to the authority no later than the closing date for applications decided by the authority.","sortOrder":708},{"sectionNumber":"sch.44-sec.9","sectionType":"section","heading":"Deciding applications","content":"### sch.44-sec.9 Deciding applications\n\nThis section applies to each application for a grant of financial assistance under the scheme that complies with section 8 .\nThe authority must consider, and decide to approve or refuse to approve, the application.\nThe authority may, with the agreement of the applicant, approve an amount of financial assistance that is less than the amount sought in the application.\nThe authority must refuse to approve the application if the authority’s assistance funds for the scheme are not enough to pay for the amount of financial assistance applied for in the application.\nIf the authority refuses to approve the application, the authority must give the applicant written notice of the decision.\nsch 44 s 9 ins 2022 SL No. 105 s 5\n(sch.44-sec.9-ssec.1) This section applies to each application for a grant of financial assistance under the scheme that complies with section 8 .\n(sch.44-sec.9-ssec.2) The authority must consider, and decide to approve or refuse to approve, the application.\n(sch.44-sec.9-ssec.3) The authority may, with the agreement of the applicant, approve an amount of financial assistance that is less than the amount sought in the application.\n(sch.44-sec.9-ssec.4) The authority must refuse to approve the application if the authority’s assistance funds for the scheme are not enough to pay for the amount of financial assistance applied for in the application.\n(sch.44-sec.9-ssec.5) If the authority refuses to approve the application, the authority must give the applicant written notice of the decision.","sortOrder":709},{"sectionNumber":"sch.44-sec.10","sectionType":"section","heading":"Priority of consideration for applications","content":"### sch.44-sec.10 Priority of consideration for applications\n\nThe authority must consider applications in the order they are received by the authority.\nsch 44 s 10 ins 2022 SL No. 105 s 5","sortOrder":710},{"sectionNumber":"sch.44-sec.11","sectionType":"section","heading":"Conditional approval","content":"### sch.44-sec.11 Conditional approval\n\nThis section applies if—\nthe authority approves an application for a grant of financial assistance for carrying out eligible works to an eligible home; and\nthe applicant is only eligible for conditional approval of the grant under section 6 (2) .\nThe approval is subject to a condition requiring the applicant—\nto give the authority a copy of a receipt for payment to the licensed contractor who carried out the eligible works; or\nto—\nenter into a contract with a licensed contractor for the carrying out of the eligible works; and\ngive the authority a copy of the contract.\nThe condition mentioned in subsection (2) (b) is satisfied only if the authority is satisfied the contract is consistent with the quote or invoice the applicant gave the authority as part of the application.\nDespite subsection (2) , if the cost of carrying out the eligible works is less than $3,300, the approval is subject to a condition requiring the applicant to give the authority a copy of—\na quote for carrying out the eligible works and written acceptance of the quote; or\na contract for carrying out the eligible works; or\na receipt of payment for carrying out the eligible works.\nsch 44 s 11 ins 2022 SL No. 105 s 5\namd 2023 SL No. 184 s 10\n(sch.44-sec.11-ssec.1) This section applies if— the authority approves an application for a grant of financial assistance for carrying out eligible works to an eligible home; and the applicant is only eligible for conditional approval of the grant under section 6 (2) .\n(sch.44-sec.11-ssec.2) The approval is subject to a condition requiring the applicant— to give the authority a copy of a receipt for payment to the licensed contractor who carried out the eligible works; or to— enter into a contract with a licensed contractor for the carrying out of the eligible works; and give the authority a copy of the contract.\n(sch.44-sec.11-ssec.3) The condition mentioned in subsection (2) (b) is satisfied only if the authority is satisfied the contract is consistent with the quote or invoice the applicant gave the authority as part of the application.\n(sch.44-sec.11-ssec.4) Despite subsection (2) , if the cost of carrying out the eligible works is less than $3,300, the approval is subject to a condition requiring the applicant to give the authority a copy of— a quote for carrying out the eligible works and written acceptance of the quote; or a contract for carrying out the eligible works; or a receipt of payment for carrying out the eligible works.\n- (a) the authority approves an application for a grant of financial assistance for carrying out eligible works to an eligible home; and\n- (b) the applicant is only eligible for conditional approval of the grant under section 6 (2) .\n- (a) to give the authority a copy of a receipt for payment to the licensed contractor who carried out the eligible works; or\n- (b) to— (i) enter into a contract with a licensed contractor for the carrying out of the eligible works; and (ii) give the authority a copy of the contract.\n- (i) enter into a contract with a licensed contractor for the carrying out of the eligible works; and\n- (ii) give the authority a copy of the contract.\n- (i) enter into a contract with a licensed contractor for the carrying out of the eligible works; and\n- (ii) give the authority a copy of the contract.\n- (a) a quote for carrying out the eligible works and written acceptance of the quote; or\n- (b) a contract for carrying out the eligible works; or\n- (c) a receipt of payment for carrying out the eligible works.","sortOrder":711},{"sectionNumber":"sch.44-sec.12","sectionType":"section","heading":"Payment of financial assistance","content":"### sch.44-sec.12 Payment of financial assistance\n\nThis section applies if the authority approves an application for a grant of financial assistance for carrying out eligible works to an eligible home.\nHowever, if the applicant is only eligible for a conditional approval under section 6 (2) , this section does not apply unless the condition mentioned in section 11 (2) or (4) has been satisfied.\nThe authority must pay the financial assistance directly to the following person—\nto the extent the applicant has paid for the eligible works—the applicant;\notherwise—the licensed contractor who carried out the eligible works or is contracted to carry out the eligible works.\nThe authority may pay the financial assistance in a single payment or in instalments, at intervals decided by the authority.\nThe authority may pay the financial assistance in instalments consistent with the milestone payments under a contract for carrying out the eligible works.\nFor the purpose of a contract for carrying out the eligible works, a payment made under subsection (3) (b) is made on behalf of the entity that is liable to pay for the works under the contract.\nThis section applies subject to sections 7 and 13 .\nsch 44 s 12 ins 2022 SL No. 105 s 5\namd 2023 SL No. 184 s 11\n(sch.44-sec.12-ssec.1) This section applies if the authority approves an application for a grant of financial assistance for carrying out eligible works to an eligible home.\n(sch.44-sec.12-ssec.2) However, if the applicant is only eligible for a conditional approval under section 6 (2) , this section does not apply unless the condition mentioned in section 11 (2) or (4) has been satisfied.\n(sch.44-sec.12-ssec.3) The authority must pay the financial assistance directly to the following person— to the extent the applicant has paid for the eligible works—the applicant; otherwise—the licensed contractor who carried out the eligible works or is contracted to carry out the eligible works.\n(sch.44-sec.12-ssec.4) The authority may pay the financial assistance in a single payment or in instalments, at intervals decided by the authority. The authority may pay the financial assistance in instalments consistent with the milestone payments under a contract for carrying out the eligible works.\n(sch.44-sec.12-ssec.5) For the purpose of a contract for carrying out the eligible works, a payment made under subsection (3) (b) is made on behalf of the entity that is liable to pay for the works under the contract.\n(sch.44-sec.12-ssec.6) This section applies subject to sections 7 and 13 .\n- (a) to the extent the applicant has paid for the eligible works—the applicant;\n- (b) otherwise—the licensed contractor who carried out the eligible works or is contracted to carry out the eligible works.","sortOrder":712},{"sectionNumber":"sch.44-sec.13","sectionType":"section","heading":"Conditions of financial assistance","content":"### sch.44-sec.13 Conditions of financial assistance\n\nThis section applies if the authority approves an application for a grant of financial assistance under the scheme for carrying out eligible works to an eligible home.\nThe payment of financial assistance is subject to the following conditions—\nthe applicant must enter into a written agreement with the authority setting out the terms on which the financial assistance is provided (the payment agreement );\nthe applicant must comply with the terms of the payment agreement.\nThe applicant must repay all or part of the financial assistance if—\nthe applicant is unable to secure access to particular land for the purpose of carrying out the eligible works; or\nthe eligible works can not be carried out to the home for any reason; or\nthe cost of carrying out the eligible works is, on completion of the works, less than the amount of the financial assistance; or\nthe authority is satisfied the application, or a document accompanying the application, includes information that is false or misleading in a material particular.\nThe authority may decide the amount to be repaid under subsection (3) .\nThe authority may withhold payment of all or part of the financial assistance if satisfied—\nthe applicant has not complied with the terms of the payment agreement; or\nthe application, or a document accompanying the application, includes information that is false or misleading in a material particular.\nsch 44 s 13 ins 2022 SL No. 105 s 5\n(sch.44-sec.13-ssec.1) This section applies if the authority approves an application for a grant of financial assistance under the scheme for carrying out eligible works to an eligible home.\n(sch.44-sec.13-ssec.2) The payment of financial assistance is subject to the following conditions— the applicant must enter into a written agreement with the authority setting out the terms on which the financial assistance is provided (the payment agreement ); the applicant must comply with the terms of the payment agreement.\n(sch.44-sec.13-ssec.3) The applicant must repay all or part of the financial assistance if— the applicant is unable to secure access to particular land for the purpose of carrying out the eligible works; or the eligible works can not be carried out to the home for any reason; or the cost of carrying out the eligible works is, on completion of the works, less than the amount of the financial assistance; or the authority is satisfied the application, or a document accompanying the application, includes information that is false or misleading in a material particular.\n(sch.44-sec.13-ssec.4) The authority may decide the amount to be repaid under subsection (3) .\n(sch.44-sec.13-ssec.5) The authority may withhold payment of all or part of the financial assistance if satisfied— the applicant has not complied with the terms of the payment agreement; or the application, or a document accompanying the application, includes information that is false or misleading in a material particular.\n- (a) the applicant must enter into a written agreement with the authority setting out the terms on which the financial assistance is provided (the payment agreement );\n- (b) the applicant must comply with the terms of the payment agreement.\n- (a) the applicant is unable to secure access to particular land for the purpose of carrying out the eligible works; or\n- (b) the eligible works can not be carried out to the home for any reason; or\n- (c) the cost of carrying out the eligible works is, on completion of the works, less than the amount of the financial assistance; or\n- (d) the authority is satisfied the application, or a document accompanying the application, includes information that is false or misleading in a material particular.\n- (a) the applicant has not complied with the terms of the payment agreement; or\n- (b) the application, or a document accompanying the application, includes information that is false or misleading in a material particular.","sortOrder":713},{"sectionNumber":"sch.44-sec.14","sectionType":"section","heading":"Changes affecting eligible works","content":"### sch.44-sec.14 Changes affecting eligible works\n\nThis section applies if the authority made a grant of financial assistance under the scheme for carrying out eligible works to an eligible home and any of the following changes happen—\nthere is a change to the licensed contractor who is to carry out the eligible works;\nthere is a change in the scope of the eligible works under the approved contract;\nthere is a change in the costs of carrying out the eligible works under the approved contract.\nThe applicant must give the authority written notice of the change.\nThe authority must, as soon as practicable after receiving the written notice—\nnotify the public works department of the applicant’s written notice of the change; and\nrequest the public works department to—\nissue a new value for money certificate for the eligible works; and\ngive the authority the new certificate.\nThe authority must, as soon as practicable after receiving the new value for money certificate issued under subsection (3) (b) (i) , give the certificate to the applicant.\nIf the authority or public works department asks the applicant to provide further information about the change, the applicant must provide the information to the authority or department.\nThe authority may increase the amount of financial assistance paid under section 12 if the authority is satisfied—\nthe change has caused an increase in the cost of carrying out the eligible works; and\nthe public works department has issued a new value for money certificate for the eligible works.\nThe authority may withhold any outstanding payment of financial assistance if satisfied the applicant has not complied with subsection (2) or (5) .\nIn this section—\napproved contract , in relation to eligible works and a grant of financial assistance under the scheme, means the contract to carry out the eligible works that formed the basis of the applicant’s eligibility for the assistance.\nsch 44 s 14 ins 2022 SL No. 105 s 5\namd 2022 SL No. 176 s 9 ; 2024 SL No. 46 s 11\n(sch.44-sec.14-ssec.1) This section applies if the authority made a grant of financial assistance under the scheme for carrying out eligible works to an eligible home and any of the following changes happen— there is a change to the licensed contractor who is to carry out the eligible works; there is a change in the scope of the eligible works under the approved contract; there is a change in the costs of carrying out the eligible works under the approved contract.\n(sch.44-sec.14-ssec.2) The applicant must give the authority written notice of the change.\n(sch.44-sec.14-ssec.3) The authority must, as soon as practicable after receiving the written notice— notify the public works department of the applicant’s written notice of the change; and request the public works department to— issue a new value for money certificate for the eligible works; and give the authority the new certificate.\n(sch.44-sec.14-ssec.4) The authority must, as soon as practicable after receiving the new value for money certificate issued under subsection (3) (b) (i) , give the certificate to the applicant.\n(sch.44-sec.14-ssec.5) If the authority or public works department asks the applicant to provide further information about the change, the applicant must provide the information to the authority or department.\n(sch.44-sec.14-ssec.6) The authority may increase the amount of financial assistance paid under section 12 if the authority is satisfied— the change has caused an increase in the cost of carrying out the eligible works; and the public works department has issued a new value for money certificate for the eligible works.\n(sch.44-sec.14-ssec.7) The authority may withhold any outstanding payment of financial assistance if satisfied the applicant has not complied with subsection (2) or (5) .\n(sch.44-sec.14-ssec.8) In this section— approved contract , in relation to eligible works and a grant of financial assistance under the scheme, means the contract to carry out the eligible works that formed the basis of the applicant’s eligibility for the assistance.\n- (a) there is a change to the licensed contractor who is to carry out the eligible works;\n- (b) there is a change in the scope of the eligible works under the approved contract;\n- (c) there is a change in the costs of carrying out the eligible works under the approved contract.\n- (a) notify the public works department of the applicant’s written notice of the change; and\n- (b) request the public works department to— (i) issue a new value for money certificate for the eligible works; and (ii) give the authority the new certificate.\n- (i) issue a new value for money certificate for the eligible works; and\n- (ii) give the authority the new certificate.\n- (i) issue a new value for money certificate for the eligible works; and\n- (ii) give the authority the new certificate.\n- (a) the change has caused an increase in the cost of carrying out the eligible works; and\n- (b) the public works department has issued a new value for money certificate for the eligible works.","sortOrder":714},{"sectionNumber":"sch.44-sec.15","sectionType":"section","heading":"Change in circumstances causing hardship","content":"### sch.44-sec.15 Change in circumstances causing hardship\n\nThis section applies if—\nan application for a grant of financial assistance has been approved for eligible works mentioned in section 5E (1) (a) ; and\nthe amount of the assistance is subject to a contribution from the applicant; and\nthe applicant believes that, due to exceptional circumstances after the approval has been given, the applicant is unable to contribute to the cost of the eligible works; and\nthe applicant is seeking a hardship certificate from the public works department.\nThe applicant may notify the authority of the exceptional circumstances.\nIf the public works department issues a hardship certificate to the applicant, the authority may increase the amount of financial assistance paid to the applicant under section 12 by the amount outstanding for the eligible works.\nsch 44 s 15 ins 2023 SL No. 184 s 12\namd 2024 SL No. 46 s 12\n(sch.44-sec.15-ssec.1) This section applies if— an application for a grant of financial assistance has been approved for eligible works mentioned in section 5E (1) (a) ; and the amount of the assistance is subject to a contribution from the applicant; and the applicant believes that, due to exceptional circumstances after the approval has been given, the applicant is unable to contribute to the cost of the eligible works; and the applicant is seeking a hardship certificate from the public works department.\n(sch.44-sec.15-ssec.2) The applicant may notify the authority of the exceptional circumstances.\n(sch.44-sec.15-ssec.3) If the public works department issues a hardship certificate to the applicant, the authority may increase the amount of financial assistance paid to the applicant under section 12 by the amount outstanding for the eligible works.\n- (a) an application for a grant of financial assistance has been approved for eligible works mentioned in section 5E (1) (a) ; and\n- (b) the amount of the assistance is subject to a contribution from the applicant; and\n- (c) the applicant believes that, due to exceptional circumstances after the approval has been given, the applicant is unable to contribute to the cost of the eligible works; and\n- (d) the applicant is seeking a hardship certificate from the public works department.","sortOrder":715},{"sectionNumber":"sch.45-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":716},{"sectionNumber":"sch.45-sec.1","sectionType":"section","heading":"Objectives of scheme","content":"### sch.45-sec.1 Objectives of scheme\n\nThe objectives of the scheme are—\nto assist owners of eligible businesses who incur eligible berthing expenses in renting alternative berths at relevant commercial marinas for use by eligible vessels; and\nto increase the number of berths in the eligible area that are suitable for use by eligible vessels.\nsch 45 s 1 ins 2022 SL No. 137 s 6\n- (a) to assist owners of eligible businesses who incur eligible berthing expenses in renting alternative berths at relevant commercial marinas for use by eligible vessels; and\n- (b) to increase the number of berths in the eligible area that are suitable for use by eligible vessels.","sortOrder":717},{"sectionNumber":"sch.45-sec.2","sectionType":"section","heading":"Purposes of assistance","content":"### sch.45-sec.2 Purposes of assistance\n\nThe purposes of assistance under the scheme are—\nto provide financial assistance to the owners of eligible businesses to offset the cost of renting alternative berths at relevant commercial marinas for use by eligible vessels during the relevant period; and\nto provide financial assistance to the owners of eligible businesses to help them pay for eligible projects that upgrade or install berthing infrastructure at relevant commercial marinas to provide berths suitable for use by eligible vessels.\nsch 45 s 2 ins 2022 SL No. 137 s 6\n- (a) to provide financial assistance to the owners of eligible businesses to offset the cost of renting alternative berths at relevant commercial marinas for use by eligible vessels during the relevant period; and\n- (b) to provide financial assistance to the owners of eligible businesses to help them pay for eligible projects that upgrade or install berthing infrastructure at relevant commercial marinas to provide berths suitable for use by eligible vessels.","sortOrder":718},{"sectionNumber":"sch.45-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.45-sec.3 Definitions for schedule\n\nIn this schedule—\nalternative berth see section 11 (2) (c) .\napplicant means an entity applying for assistance under the scheme.\nberthing expenses grant see section 9 (2) .\ncertificate of operation means a certificate of operation issued under the domestic commercial vessel national law, section 48 .\ndomestic commercial vessel national law has the meaning given by the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016 , section 20 .\neligible area means the parts of the Brisbane River and adjoining waterways that are within a 10km radius of the post office in the Brisbane CBD known as the Brisbane General Post Office.\neligible berthing expense see section 4 .\neligible business see section 5 .\neligible infrastructure expense see section 6 .\neligible project see section 7 .\neligible vessel see section 8 .\ngovernment entity means—\na government entity within the meaning of the Public Sector Act 2022 , section 276 ; or\na local government; or\na government owned corporation; or\nan Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or\nan entity that is wholly owned by an entity mentioned in paragraph (a) , (b) , (c) or (d) .\nsch 45 s 3 def government entity amd 2023 SL No. 35 s 5\nminor infrastructure grant see section 10 (2) .\nowner , of an eligible business, means the sole trader, partnership, private company, public company or trust that carries on the business.\nprivate sector entity means an entity that is not owned, either wholly or partly, by a government entity.\nrelevant commercial marina means a marina or wharf—\nowned or operated by a private sector entity; and\nlocated in the eligible area; and\nat which berths are ordinarily available to rent for the use of vessels used for commercial purposes.\nrelevant period means the period—\nstarting on 1 July 2022; and\nending on 30 June 2024.\nscheme means the scheme set out in this schedule.\nsch 45 s 3 ins 2022 SL No. 137 s 6\n- (a) a government entity within the meaning of the Public Sector Act 2022 , section 276 ; or\n- (b) a local government; or\n- (c) a government owned corporation; or\n- (d) an Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or\n- (e) an entity that is wholly owned by an entity mentioned in paragraph (a) , (b) , (c) or (d) .\n- (a) owned or operated by a private sector entity; and\n- (b) located in the eligible area; and\n- (c) at which berths are ordinarily available to rent for the use of vessels used for commercial purposes.\n- (a) starting on 1 July 2022; and\n- (b) ending on 30 June 2024.","sortOrder":719},{"sectionNumber":"sch.45-sec.4","sectionType":"section","heading":"Meaning of eligible berthing expense","content":"### sch.45-sec.4 Meaning of eligible berthing expense\n\nAn eligible berthing expense is a cost incurred during the relevant period for renting an alternative berth at a relevant commercial marina for use by an eligible vessel.\nHowever, the following costs are not eligible berthing expenses —\na cost paid before 1 July 2022;\nincidental costs of berthing an eligible vessel;\nthe costs of electricity, water and cleaning\ncosts associated with owning a berth.\nsch 45 s 4 ins 2022 SL No. 137 s 6\n(sch.45-sec.4-ssec.1) An eligible berthing expense is a cost incurred during the relevant period for renting an alternative berth at a relevant commercial marina for use by an eligible vessel.\n(sch.45-sec.4-ssec.2) However, the following costs are not eligible berthing expenses — a cost paid before 1 July 2022; incidental costs of berthing an eligible vessel; the costs of electricity, water and cleaning costs associated with owning a berth.\n- (a) a cost paid before 1 July 2022;\n- (b) incidental costs of berthing an eligible vessel; Examples— the costs of electricity, water and cleaning\n- (c) costs associated with owning a berth.","sortOrder":720},{"sectionNumber":"sch.45-sec.5","sectionType":"section","heading":"Meaning of eligible business","content":"### sch.45-sec.5 Meaning of eligible business\n\nA business is an eligible business if—\nthe business’s primary activity is providing tourism services in the eligible area using 1 or more eligible vessels; and\nthe owner of the business—\nholds an Australian Business Number for the business; and\nhas continuously held the same Australian Business Number for the business since 1 July 2022; and\nthe business is, and has since 1 July 2022 been, registered for GST; and\nnone of the following entities is an insolvent under administration or is under administration or in receivership or liquidation—\nthe business;\nif the owner of the business is a sole trader—the owner;\nif an owner of the business is a partnership or trust—the partners in the partnership or trustees of the trust;\nif an owner of the business is a private company or a public company—the company or the directors of the company; and\nthe business employs, and has since 1 July 2022 employed, at least 1 full-time employee or equivalent full-time employee.\nFor subsection (1) (e) , the number of equivalent full-time employees of a business is worked out using the formula—\nwhere—\nE means the number of equivalent full-time employees of the business.\nF means the number of full-time employees of the business.\nP means the total number of hours worked each week by employees other than full-time employees.\nHowever, a business is not an eligible business if the business is carried on by a government entity.\nIn this section—\nemployee , of a business—\nmeans an individual who is employed, or usually employed, in the business; and\nincludes an owner of the business; and\ndoes not include a person who performs work under a contract for services with the business, including, for example, a subcontractor.\nfull-time employee , of a business, means an employee who ordinarily works at least 35 hours each week in the business.\nsch 45 s 5 ins 2022 SL No. 137 s 6\namd 2023 No. 23 s 247 sch 1 s 36\n(sch.45-sec.5-ssec.1) A business is an eligible business if— the business’s primary activity is providing tourism services in the eligible area using 1 or more eligible vessels; and the owner of the business— holds an Australian Business Number for the business; and has continuously held the same Australian Business Number for the business since 1 July 2022; and the business is, and has since 1 July 2022 been, registered for GST; and none of the following entities is an insolvent under administration or is under administration or in receivership or liquidation— the business; if the owner of the business is a sole trader—the owner; if an owner of the business is a partnership or trust—the partners in the partnership or trustees of the trust; if an owner of the business is a private company or a public company—the company or the directors of the company; and the business employs, and has since 1 July 2022 employed, at least 1 full-time employee or equivalent full-time employee.\n(sch.45-sec.5-ssec.2) For subsection (1) (e) , 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.\n(sch.45-sec.5-ssec.3) However, a business is not an eligible business if the business is carried on by a government entity.\n(sch.45-sec.5-ssec.4) In this section— employee , of a business— means an individual who is employed, or usually employed, in the business; and includes an owner of the business; and does not include a person who performs work under a contract for services with the business, including, for example, a subcontractor. full-time employee , of a business, means an employee who ordinarily works at least 35 hours each week in the business.\n- (a) the business’s primary activity is providing tourism services in the eligible area using 1 or more eligible vessels; and\n- (b) the owner of the business— (i) holds an Australian Business Number for the business; and (ii) has continuously held the same Australian Business Number for the business since 1 July 2022; and\n- (i) holds an Australian Business Number for the business; and\n- (ii) has continuously held the same Australian Business Number for the business since 1 July 2022; and\n- (c) the business is, and has since 1 July 2022 been, registered for GST; and\n- (d) none of the following entities is an insolvent under administration or is under administration or in receivership or liquidation— (i) the business; (ii) if the owner of the business is a sole trader—the owner; (iii) if an owner of the business is a partnership or trust—the partners in the partnership or trustees of the trust; (iv) if an owner of the business is a private company or a public company—the company or the directors of the company; and\n- (i) the business;\n- (ii) if the owner of the business is a sole trader—the owner;\n- (iii) if an owner of the business is a partnership or trust—the partners in the partnership or trustees of the trust;\n- (iv) if an owner of the business is a private company or a public company—the company or the directors of the company; and\n- (e) the business employs, and has since 1 July 2022 employed, at least 1 full-time employee or equivalent full-time employee.\n- (i) holds an Australian Business Number for the business; and\n- (ii) has continuously held the same Australian Business Number for the business since 1 July 2022; and\n- (i) the business;\n- (ii) if the owner of the business is a sole trader—the owner;\n- (iii) if an owner of the business is a partnership or trust—the partners in the partnership or trustees of the trust;\n- (iv) if an owner of the business is a private company or a public company—the company or the directors of the company; and\n- (a) means an individual who is employed, or usually employed, in the business; and\n- (b) includes an owner of the business; and\n- (c) does not include a person who performs work under a contract for services with the business, including, for example, a subcontractor.","sortOrder":721},{"sectionNumber":"sch.45-sec.6","sectionType":"section","heading":"Meaning of eligible infrastructure expense","content":"### sch.45-sec.6 Meaning of eligible infrastructure expense\n\nAn eligible infrastructure expense is a cost incurred, or to be incurred, during the relevant period in relation to carrying out work for an eligible project, including, for example, the cost of—\nobtaining a permit or other approval (however described) required for carrying out the work; and\npurchasing infrastructure; and\nrepairing, improving or replacing existing infrastructure; and\ninstalling and commissioning infrastructure.\ncosts incurred in expanding an existing jetty or pontoon\ncosts incurred in installing infrastructure for utilities, including electricity and water, to support the use of a berth\nHowever, an eligible infrastructure expense does not include—\na cost paid before 1 July 2022; or\na cost incurred after the infrastructure is installed and ready for use, including, for example, any cost for ongoing maintenance, administration, operation or subsequent improvement of the infrastructure.\nsch 45 s 6 ins 2022 SL No. 137 s 6\n(sch.45-sec.6-ssec.1) An eligible infrastructure expense is a cost incurred, or to be incurred, during the relevant period in relation to carrying out work for an eligible project, including, for example, the cost of— obtaining a permit or other approval (however described) required for carrying out the work; and purchasing infrastructure; and repairing, improving or replacing existing infrastructure; and installing and commissioning infrastructure. costs incurred in expanding an existing jetty or pontoon costs incurred in installing infrastructure for utilities, including electricity and water, to support the use of a berth\n(sch.45-sec.6-ssec.2) However, an eligible infrastructure expense does not include— a cost paid before 1 July 2022; or a cost incurred after the infrastructure is installed and ready for use, including, for example, any cost for ongoing maintenance, administration, operation or subsequent improvement of the infrastructure.\n- (a) obtaining a permit or other approval (however described) required for carrying out the work; and\n- (b) purchasing infrastructure; and\n- (c) repairing, improving or replacing existing infrastructure; and\n- (d) installing and commissioning infrastructure.\n- • costs incurred in expanding an existing jetty or pontoon\n- • costs incurred in installing infrastructure for utilities, including electricity and water, to support the use of a berth\n- (a) a cost paid before 1 July 2022; or\n- (b) a cost incurred after the infrastructure is installed and ready for use, including, for example, any cost for ongoing maintenance, administration, operation or subsequent improvement of the infrastructure.","sortOrder":722},{"sectionNumber":"sch.45-sec.7","sectionType":"section","heading":"Meaning of eligible project","content":"### sch.45-sec.7 Meaning of eligible project\n\nAn eligible project is a project the authority is satisfied will upgrade or install infrastructure at a relevant commercial marina to provide berths suitable for use by eligible vessels.\nsch 45 s 7 ins 2022 SL No. 137 s 6","sortOrder":723},{"sectionNumber":"sch.45-sec.8","sectionType":"section","heading":"Meaning of eligible vessel","content":"### sch.45-sec.8 Meaning of eligible vessel\n\nAn eligible vessel is a vessel that—\nis capable of carrying people or goods through water; and\nbare boats, jet skis, motor vessels, sail boats\nis ordinarily used to provide tourism services in the eligible area; and\nordinarily requires a berth located in the eligible area to provide the tourism services; and\nif the operation of the vessel is required under the domestic commercial vessel national law to be authorised by a certificate of operation—is identified in a certificate of operation in force for the vessel.\nSee the domestic commercial vessel national law, sections 53 and 54 .\nsch 45 s 8 ins 2022 SL No. 137 s 6\n- (a) is capable of carrying people or goods through water; and Examples— bare boats, jet skis, motor vessels, sail boats\n- (b) is ordinarily used to provide tourism services in the eligible area; and\n- (c) ordinarily requires a berth located in the eligible area to provide the tourism services; and\n- (d) if the operation of the vessel is required under the domestic commercial vessel national law to be authorised by a certificate of operation—is identified in a certificate of operation in force for the vessel. Note— See the domestic commercial vessel national law, sections 53 and 54 .","sortOrder":724},{"sectionNumber":"sch.45-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":725},{"sectionNumber":"sch.45-sec.9","sectionType":"section","heading":"Nature and amount of assistance—berthing expenses grant","content":"### sch.45-sec.9 Nature and amount of assistance—berthing expenses grant\n\nThis section applies in relation to an applicant who is eligible to receive assistance under section 11 in relation to an eligible business.\nThe nature of assistance available under the scheme is a grant of financial assistance to offset the eligible berthing expenses incurred in relation to an eligible vessel (a berthing expenses grant ).\nFor each eligible vessel of a length of not more than 25m, the maximum amount of assistance under the scheme for a financial year is the lesser of the following amounts—\n$37,500;\n50% of the eligible berthing expenses (excluding GST) incurred in relation to the eligible vessel.\nFor each eligible vessel of a length of more than 25m, the maximum amount of assistance under the scheme for a financial year is the lesser of the following amounts—\n$70,000;\n50% of the eligible berthing expenses (excluding GST) incurred in relation to the eligible vessel.\nsch 45 s 9 ins 2022 SL No. 137 s 6\n(sch.45-sec.9-ssec.1) This section applies in relation to an applicant who is eligible to receive assistance under section 11 in relation to an eligible business.\n(sch.45-sec.9-ssec.2) The nature of assistance available under the scheme is a grant of financial assistance to offset the eligible berthing expenses incurred in relation to an eligible vessel (a berthing expenses grant ).\n(sch.45-sec.9-ssec.3) For each eligible vessel of a length of not more than 25m, the maximum amount of assistance under the scheme for a financial year is the lesser of the following amounts— $37,500; 50% of the eligible berthing expenses (excluding GST) incurred in relation to the eligible vessel.\n(sch.45-sec.9-ssec.4) For each eligible vessel of a length of more than 25m, the maximum amount of assistance under the scheme for a financial year is the lesser of the following amounts— $70,000; 50% of the eligible berthing expenses (excluding GST) incurred in relation to the eligible vessel.\n- (a) $37,500;\n- (b) 50% of the eligible berthing expenses (excluding GST) incurred in relation to the eligible vessel.\n- (a) $70,000;\n- (b) 50% of the eligible berthing expenses (excluding GST) incurred in relation to the eligible vessel.","sortOrder":726},{"sectionNumber":"sch.45-sec.10","sectionType":"section","heading":"Nature and amount of assistance—minor infrastructure grant","content":"### sch.45-sec.10 Nature and amount of assistance—minor infrastructure grant\n\nThis section applies in relation to an applicant who is eligible to receive assistance under section 12 in relation to an eligible business.\nThe nature of assistance available under the scheme is a grant of financial assistance for eligible infrastructure expenses for an eligible project (a minor infrastructure grant ).\nThe maximum amount of assistance for a minor infrastructure grant is the total of—\nthe lesser of the following amounts—\n$50,000;\n50% of the total amount of the eligible infrastructure expenses (excluding GST) for the eligible project; and\nthe amount of any GST payable by the authority in respect of the assistance mentioned in paragraph (a) .\nsch 45 s 10 ins 2022 SL No. 137 s 6\n(sch.45-sec.10-ssec.1) This section applies in relation to an applicant who is eligible to receive assistance under section 12 in relation to an eligible business.\n(sch.45-sec.10-ssec.2) The nature of assistance available under the scheme is a grant of financial assistance for eligible infrastructure expenses for an eligible project (a minor infrastructure grant ).\n(sch.45-sec.10-ssec.3) The maximum amount of assistance for a minor infrastructure grant is the total of— the lesser of the following amounts— $50,000; 50% of the total amount of the eligible infrastructure expenses (excluding GST) for the eligible project; and the amount of any GST payable by the authority in respect of the assistance mentioned in paragraph (a) .\n- (a) the lesser of the following amounts— (i) $50,000; (ii) 50% of the total amount of the eligible infrastructure expenses (excluding GST) for the eligible project; and\n- (i) $50,000;\n- (ii) 50% of the total amount of the eligible infrastructure expenses (excluding GST) for the eligible project; and\n- (b) the amount of any GST payable by the authority in respect of the assistance mentioned in paragraph (a) .\n- (i) $50,000;\n- (ii) 50% of the total amount of the eligible infrastructure expenses (excluding GST) for the eligible project; and","sortOrder":727},{"sectionNumber":"sch.45-sec.11","sectionType":"section","heading":"Eligibility criteria—berthing expenses grant","content":"### sch.45-sec.11 Eligibility criteria—berthing expenses grant\n\nAn applicant for a berthing expenses grant is eligible to receive financial assistance under the scheme if—\nthe applicant is the owner of an eligible business; and\nthe authority is satisfied of the matters mentioned in subsection (2) .\nFor subsection (1) (b) , the matters are—\nimmediately before 1 July 2022, the eligible business was renting a berth located within the eligible area for use by an eligible vessel (the usual berth ); and\non or after 1 July 2022, the eligible vessel became unable to use, and can no longer use, the usual berth because—\nthe owner or operator of the usual berth has given the eligible business notice that the usual berth is no longer available to rent for use by the vessel; or\nthe eligible business is experiencing, or has experienced, financial hardship because of action taken by the owner or operator of the usual berth in relation to the cost of renting the berth for use by the vessel; and\nfor the eligible business to provide tourism services in the eligible area, it has been necessary for the eligible business to rent another berth (an alternative berth ) at a relevant commercial marina for use by the eligible vessel; and\nthe applicant has received and paid a tax invoice for eligible berthing expenses for use of the alternative berth by the eligible vessel.\nsch 45 s 11 ins 2022 SL No. 137 s 6\n(sch.45-sec.11-ssec.1) An applicant for a berthing expenses grant is eligible to receive financial assistance under the scheme if— the applicant is the owner of an eligible business; and the authority is satisfied of the matters mentioned in subsection (2) .\n(sch.45-sec.11-ssec.2) For subsection (1) (b) , the matters are— immediately before 1 July 2022, the eligible business was renting a berth located within the eligible area for use by an eligible vessel (the usual berth ); and on or after 1 July 2022, the eligible vessel became unable to use, and can no longer use, the usual berth because— the owner or operator of the usual berth has given the eligible business notice that the usual berth is no longer available to rent for use by the vessel; or the eligible business is experiencing, or has experienced, financial hardship because of action taken by the owner or operator of the usual berth in relation to the cost of renting the berth for use by the vessel; and for the eligible business to provide tourism services in the eligible area, it has been necessary for the eligible business to rent another berth (an alternative berth ) at a relevant commercial marina for use by the eligible vessel; and the applicant has received and paid a tax invoice for eligible berthing expenses for use of the alternative berth by the eligible vessel.\n- (a) the applicant is the owner of an eligible business; and\n- (b) the authority is satisfied of the matters mentioned in subsection (2) .\n- (a) immediately before 1 July 2022, the eligible business was renting a berth located within the eligible area for use by an eligible vessel (the usual berth ); and\n- (b) on or after 1 July 2022, the eligible vessel became unable to use, and can no longer use, the usual berth because— (i) the owner or operator of the usual berth has given the eligible business notice that the usual berth is no longer available to rent for use by the vessel; or (ii) the eligible business is experiencing, or has experienced, financial hardship because of action taken by the owner or operator of the usual berth in relation to the cost of renting the berth for use by the vessel; and\n- (i) the owner or operator of the usual berth has given the eligible business notice that the usual berth is no longer available to rent for use by the vessel; or\n- (ii) the eligible business is experiencing, or has experienced, financial hardship because of action taken by the owner or operator of the usual berth in relation to the cost of renting the berth for use by the vessel; and\n- (c) for the eligible business to provide tourism services in the eligible area, it has been necessary for the eligible business to rent another berth (an alternative berth ) at a relevant commercial marina for use by the eligible vessel; and\n- (d) the applicant has received and paid a tax invoice for eligible berthing expenses for use of the alternative berth by the eligible vessel.\n- (i) the owner or operator of the usual berth has given the eligible business notice that the usual berth is no longer available to rent for use by the vessel; or\n- (ii) the eligible business is experiencing, or has experienced, financial hardship because of action taken by the owner or operator of the usual berth in relation to the cost of renting the berth for use by the vessel; and","sortOrder":728},{"sectionNumber":"sch.45-sec.12","sectionType":"section","heading":"Eligibility criteria—minor infrastructure grant","content":"### sch.45-sec.12 Eligibility criteria—minor infrastructure grant\n\nAn applicant for a minor infrastructure grant is eligible to receive financial assistance under the scheme if—\nthe applicant is the owner of an eligible business; and\nthe applicant is applying for financial assistance for an eligible project to provide a berth for use by an eligible vessel; and\nthe applicant demonstrates to the satisfaction of the authority that—\nthe matters mentioned in section 11 (2) (a) and (b) apply in relation to the eligible vessel; and\nthe applicant has the ability to pay the remaining cost of the eligible project; and\nif the total cost of the eligible infrastructure expenses for the eligible project is more than $10,000 (excluding GST)—\nthe applicant has obtained at least 2 quotes for the eligible project; or\ndespite making reasonable attempts, the applicant has not been able to obtain at least 2 quotes for the eligible project, but the project represents value for money.\nIn this section—\nremaining cost , of an eligible project, means the difference between—\nthe total amount of the eligible infrastructure expenses (including GST) for the eligible project; and\nthe maximum amount of assistance under section 10 (3) for a minor infrastructure grant for the eligible project.\nsch 45 s 12 ins 2022 SL No. 137 s 6\n(sch.45-sec.12-ssec.1) An applicant for a minor infrastructure grant is eligible to receive financial assistance under the scheme if— the applicant is the owner of an eligible business; and the applicant is applying for financial assistance for an eligible project to provide a berth for use by an eligible vessel; and the applicant demonstrates to the satisfaction of the authority that— the matters mentioned in section 11 (2) (a) and (b) apply in relation to the eligible vessel; and the applicant has the ability to pay the remaining cost of the eligible project; and if the total cost of the eligible infrastructure expenses for the eligible project is more than $10,000 (excluding GST)— the applicant has obtained at least 2 quotes for the eligible project; or despite making reasonable attempts, the applicant has not been able to obtain at least 2 quotes for the eligible project, but the project represents value for money.\n(sch.45-sec.12-ssec.2) In this section— remaining cost , of an eligible project, means the difference between— the total amount of the eligible infrastructure expenses (including GST) for the eligible project; and the maximum amount of assistance under section 10 (3) for a minor infrastructure grant for the eligible project.\n- (a) the applicant is the owner of an eligible business; and\n- (b) the applicant is applying for financial assistance for an eligible project to provide a berth for use by an eligible vessel; and\n- (c) the applicant demonstrates to the satisfaction of the authority that— (i) the matters mentioned in section 11 (2) (a) and (b) apply in relation to the eligible vessel; and (ii) the applicant has the ability to pay the remaining cost of the eligible project; and (iii) if the total cost of the eligible infrastructure expenses for the eligible project is more than $10,000 (excluding GST)— (A) the applicant has obtained at least 2 quotes for the eligible project; or (B) despite making reasonable attempts, the applicant has not been able to obtain at least 2 quotes for the eligible project, but the project represents value for money.\n- (i) the matters mentioned in section 11 (2) (a) and (b) apply in relation to the eligible vessel; and\n- (ii) the applicant has the ability to pay the remaining cost of the eligible project; and\n- (iii) if the total cost of the eligible infrastructure expenses for the eligible project is more than $10,000 (excluding GST)— (A) the applicant has obtained at least 2 quotes for the eligible project; or (B) despite making reasonable attempts, the applicant has not been able to obtain at least 2 quotes for the eligible project, but the project represents value for money.\n- (A) the applicant has obtained at least 2 quotes for the eligible project; or\n- (B) despite making reasonable attempts, the applicant has not been able to obtain at least 2 quotes for the eligible project, but the project represents value for money.\n- (i) the matters mentioned in section 11 (2) (a) and (b) apply in relation to the eligible vessel; and\n- (ii) the applicant has the ability to pay the remaining cost of the eligible project; and\n- (iii) if the total cost of the eligible infrastructure expenses for the eligible project is more than $10,000 (excluding GST)— (A) the applicant has obtained at least 2 quotes for the eligible project; or (B) despite making reasonable attempts, the applicant has not been able to obtain at least 2 quotes for the eligible project, but the project represents value for money.\n- (A) the applicant has obtained at least 2 quotes for the eligible project; or\n- (B) despite making reasonable attempts, the applicant has not been able to obtain at least 2 quotes for the eligible project, but the project represents value for money.\n- (A) the applicant has obtained at least 2 quotes for the eligible project; or\n- (B) despite making reasonable attempts, the applicant has not been able to obtain at least 2 quotes for the eligible project, but the project represents value for money.\n- (a) the total amount of the eligible infrastructure expenses (including GST) for the eligible project; and\n- (b) the maximum amount of assistance under section 10 (3) for a minor infrastructure grant for the eligible project.","sortOrder":729},{"sectionNumber":"sch.45-sec.13","sectionType":"section","heading":"Operation of scheme","content":"### sch.45-sec.13 Operation of scheme\n\nThe scheme opens on the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.\nFor assistance under the scheme for a berthing expenses grant, the scheme closes on the earlier of the following days—\nthe day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme;\n30 June 2024.\nFor assistance under the scheme for a minor infrastructure grant, the scheme closes on the earlier of the following days—\nthe day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme;\nthe closing day.\nFor subsection (3) (b) , the closing day is—\nif no day is stated under paragraph (b) —30 June 2023; or\nthe day, not later than 30 June 2024, stated on the authority’s website as the last day on which an application for assistance for a minor infrastructure grant may be made.\nsch 45 s 13 ins 2022 SL No. 137 s 6\n(sch.45-sec.13-ssec.1) The scheme opens on the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.\n(sch.45-sec.13-ssec.2) For assistance under the scheme for a berthing expenses grant, the scheme closes on the earlier of the following days— the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme; 30 June 2024.\n(sch.45-sec.13-ssec.3) For assistance under the scheme for a minor infrastructure grant, the scheme closes on the earlier of the following days— the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme; the closing day.\n(sch.45-sec.13-ssec.4) For subsection (3) (b) , the closing day is— if no day is stated under paragraph (b) —30 June 2023; or the day, not later than 30 June 2024, stated on the authority’s website as the last day on which an application for assistance for a minor infrastructure grant may be made.\n- (a) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme;\n- (b) 30 June 2024.\n- (a) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme;\n- (b) the closing day.\n- (a) if no day is stated under paragraph (b) —30 June 2023; or\n- (b) the day, not later than 30 June 2024, stated on the authority’s website as the last day on which an application for assistance for a minor infrastructure grant may be made.","sortOrder":730},{"sectionNumber":"sch.45-sec.14","sectionType":"section","heading":"Applications generally","content":"### sch.45-sec.14 Applications generally\n\nAn applicant may apply for either or both of the following types of financial assistance—\na berthing expenses grant;\na minor infrastructure grant.\nAn applicant may make more than 1 application for a berthing expenses grant in relation to 1 or more eligible vessels.\nHowever, an applicant may make only 1 application for a minor infrastructure grant.\nsch 45 s 14 ins 2022 SL No. 137 s 6\n(sch.45-sec.14-ssec.1) An applicant may apply for either or both of the following types of financial assistance— a berthing expenses grant; a minor infrastructure grant.\n(sch.45-sec.14-ssec.2) An applicant may make more than 1 application for a berthing expenses grant in relation to 1 or more eligible vessels.\n(sch.45-sec.14-ssec.3) However, an applicant may make only 1 application for a minor infrastructure grant.\n- (a) a berthing expenses grant;\n- (b) a minor infrastructure grant.","sortOrder":731},{"sectionNumber":"sch.45-sec.15","sectionType":"section","heading":"Requirements for applications—berthing expenses grant","content":"### sch.45-sec.15 Requirements for applications—berthing expenses grant\n\nAn application for a berthing expenses grant must—\nbe made on the application form approved by the authority; and\nbe accompanied by the following documents—\ntax invoices, or copies of tax invoices, for eligible berthing expenses for the eligible vessel in relation to which the applicant is claiming assistance under the scheme;\ndocumentary evidence, to the satisfaction of the authority, that the eligible vessel to which the eligible berthing expenses relate is ordinarily used for tourism services;\na permit or other authority issued under an Act that applies in relation to the eligible vessel\nif the operation of the eligible vessel is required under the domestic commercial vessel national law to be authorised by a certificate of operation—a copy of a certificate of operation in force for the vessel;\nany other documents stated in the application form; and\nbe given to the authority while the scheme is open under section 13 .\nThe applicant must give the authority any further documents or information the authority reasonably requires to decide the application.\nsch 45 s 15 ins 2022 SL No. 137 s 6\n(sch.45-sec.15-ssec.1) An application for a berthing expenses grant must— be made on the application form approved by the authority; and be accompanied by the following documents— tax invoices, or copies of tax invoices, for eligible berthing expenses for the eligible vessel in relation to which the applicant is claiming assistance under the scheme; documentary evidence, to the satisfaction of the authority, that the eligible vessel to which the eligible berthing expenses relate is ordinarily used for tourism services; a permit or other authority issued under an Act that applies in relation to the eligible vessel if the operation of the eligible vessel is required under the domestic commercial vessel national law to be authorised by a certificate of operation—a copy of a certificate of operation in force for the vessel; any other documents stated in the application form; and be given to the authority while the scheme is open under section 13 .\n(sch.45-sec.15-ssec.2) The applicant must give the authority any further documents or information the authority reasonably requires to decide the application.\n- (a) be made on the application form approved by the authority; and\n- (b) be accompanied by the following documents— (i) tax invoices, or copies of tax invoices, for eligible berthing expenses for the eligible vessel in relation to which the applicant is claiming assistance under the scheme; (ii) documentary evidence, to the satisfaction of the authority, that the eligible vessel to which the eligible berthing expenses relate is ordinarily used for tourism services; Example of documentary evidence for subparagraph (ii) — a permit or other authority issued under an Act that applies in relation to the eligible vessel (iii) if the operation of the eligible vessel is required under the domestic commercial vessel national law to be authorised by a certificate of operation—a copy of a certificate of operation in force for the vessel; (iv) any other documents stated in the application form; and\n- (i) tax invoices, or copies of tax invoices, for eligible berthing expenses for the eligible vessel in relation to which the applicant is claiming assistance under the scheme;\n- (ii) documentary evidence, to the satisfaction of the authority, that the eligible vessel to which the eligible berthing expenses relate is ordinarily used for tourism services; Example of documentary evidence for subparagraph (ii) — a permit or other authority issued under an Act that applies in relation to the eligible vessel\n- (iii) if the operation of the eligible vessel is required under the domestic commercial vessel national law to be authorised by a certificate of operation—a copy of a certificate of operation in force for the vessel;\n- (iv) any other documents stated in the application form; and\n- (c) be given to the authority while the scheme is open under section 13 .\n- (i) tax invoices, or copies of tax invoices, for eligible berthing expenses for the eligible vessel in relation to which the applicant is claiming assistance under the scheme;\n- (ii) documentary evidence, to the satisfaction of the authority, that the eligible vessel to which the eligible berthing expenses relate is ordinarily used for tourism services; Example of documentary evidence for subparagraph (ii) — a permit or other authority issued under an Act that applies in relation to the eligible vessel\n- (iii) if the operation of the eligible vessel is required under the domestic commercial vessel national law to be authorised by a certificate of operation—a copy of a certificate of operation in force for the vessel;\n- (iv) any other documents stated in the application form; and","sortOrder":732},{"sectionNumber":"sch.45-sec.16","sectionType":"section","heading":"Requirements for applications—minor infrastructure grant","content":"### sch.45-sec.16 Requirements for applications—minor infrastructure grant\n\nAn application for a minor infrastructure grant must—\nbe made on the application form approved by the authority; and\nbe accompanied by the documents stated in the application form; and\nbe given to the authority while the scheme is open under section 13 .\nThe applicant must give the authority any further documents or information the authority reasonably requires to decide the application.\nsch 45 s 16 ins 2022 SL No. 137 s 6\n(sch.45-sec.16-ssec.1) An application for a minor infrastructure grant must— be made on the application form approved by the authority; and be accompanied by the documents stated in the application form; and be given to the authority while the scheme is open under section 13 .\n(sch.45-sec.16-ssec.2) The applicant must give the authority any further documents or information the authority reasonably requires to decide the application.\n- (a) be made on the application form approved by the authority; and\n- (b) be accompanied by the documents stated in the application form; and\n- (c) be given to the authority while the scheme is open under section 13 .","sortOrder":733},{"sectionNumber":"sch.45-sec.17","sectionType":"section","heading":"Deciding applications","content":"### sch.45-sec.17 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application under the scheme that complies with—\nfor an application for a berthing expenses grant— section 15 ; or\nfor an application for a minor infrastructure grant— section 16 .\nThe authority must consider applications in the order they are received by the authority.\nIn considering an application, the authority must consider whether the assistance claimed by the applicant represents reasonable value for money.\nThe authority must refuse to approve an application for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\nsch 45 s 17 ins 2022 SL No. 137 s 6\n(sch.45-sec.17-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application under the scheme that complies with— for an application for a berthing expenses grant— section 15 ; or for an application for a minor infrastructure grant— section 16 .\n(sch.45-sec.17-ssec.2) The authority must consider applications in the order they are received by the authority.\n(sch.45-sec.17-ssec.3) In considering an application, the authority must consider whether the assistance claimed by the applicant represents reasonable value for money.\n(sch.45-sec.17-ssec.4) The authority must refuse to approve an application for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.\n(sch.45-sec.17-ssec.5) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\n- (a) for an application for a berthing expenses grant— section 15 ; or\n- (b) for an application for a minor infrastructure grant— section 16 .","sortOrder":734},{"sectionNumber":"sch.45-pt.3","sectionType":"part","heading":"Additional provisions for minor infrastructure grants","content":"# Additional provisions for minor infrastructure grants","sortOrder":735},{"sectionNumber":"sch.45-sec.18","sectionType":"section","heading":"Conditions of assistance","content":"### sch.45-sec.18 Conditions of assistance\n\nThe payment to an applicant for a minor infrastructure grant of an amount of financial assistance under the scheme is subject to the following conditions—\nbefore the payment is made, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\nthe applicant must comply with the terms of the agreement.\nsch 45 s 18 ins 2022 SL No. 137 s 6\n- (a) before the payment is made, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) the applicant must comply with the terms of the agreement.","sortOrder":736},{"sectionNumber":"sch.45-sec.19","sectionType":"section","heading":"Payment of assistance","content":"### sch.45-sec.19 Payment of assistance\n\nFor a minor infrastructure grant, the authority must pay the amount of the assistance approved in 2 instalments, of amounts and at intervals set out in the agreement entered into under section 18 .\nsch 45 s 19 ins 2022 SL No. 137 s 6","sortOrder":737},{"sectionNumber":"sch.46-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":738},{"sectionNumber":"sch.46-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.46-sec.1 Objective of scheme\n\nThe objective of the scheme is to provide assistance, under agreements entered into from time to time between the Commonwealth and the State, to medium to large businesses that are directly affected by an eligible disaster.\nsch 46 s 1 ins 2022 SL No. 138 s 8","sortOrder":739},{"sectionNumber":"sch.46-sec.2","sectionType":"section","heading":"Purpose of scheme","content":"### sch.46-sec.2 Purpose of scheme\n\nThe purpose of assistance under the scheme is to assist medium to large businesses affected by an eligible disaster to pay for—\neligible recovery activities; or\nimproving the businesses’ resilience to natural disasters.\nsch 46 s 2 ins 2022 SL No. 138 s 8\n- (a) eligible recovery activities; or\n- (b) improving the businesses’ resilience to natural disasters.","sortOrder":740},{"sectionNumber":"sch.46-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.46-sec.3 Definitions for schedule\n\nIn this schedule—\n2021-2022 storm-flooding event see section 4 (1) .\napplicant means an entity applying for financial assistance under the scheme.\ndefined disaster area , for an eligible disaster, see section 5 .\ndisaster activation document see section 4 (2) .\ndisaster 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.\nThe disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.\neligible disaster see section 6 .\neligible recovery activity see section 7 .\nlivestock includes poultry.\nmedium to large business see section 8 .\nnatural disaster see section 9 .\nprimary production enterprise means a business that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries.\nQueensland Reconstruction Authority means the authority established under the Queensland Reconstruction Authority Act 2011 , section 7 .\nscheme means the scheme set out in this schedule.\nsch 46 s 3 ins 2022 SL No. 138 s 8","sortOrder":741},{"sectionNumber":"sch.46-sec.4","sectionType":"section","heading":"Meaning of 2021-2022 storm-flooding event and disaster activation document","content":"### sch.46-sec.4 Meaning of 2021-2022 storm-flooding event and disaster activation document\n\nA 2021-2022 storm-flooding event is an event identified in a disaster activation document as a disaster for which financial assistance has been activated.\nEach of the following documents published on the Queensland Reconstruction Authority’s website is a disaster activation document —\n‘Disaster Recovery Funding Arrangements event—Central, Southern and Western Queensland Rainfall and Flooding, 10 November – 3 December 2021’;\n‘Disaster Recovery Funding Arrangements event—Ex-Tropical Cyclone Seth, 29 December 2021 – 10 January 2022’;\n‘Disaster Recovery Funding Arrangements event—South East Queensland Rainfall and Flooding, 22 February - 5 April 2022’;\n‘Disaster Recovery Funding Arrangements event—Southern Queensland Flooding, 06 – 20 May 2022’.\nsch 46 s 4 ins 2022 SL No. 138 s 8\n(sch.46-sec.4-ssec.1) A 2021-2022 storm-flooding event is an event identified in a disaster activation document as a disaster for which financial assistance has been activated.\n(sch.46-sec.4-ssec.2) Each of the following documents published on the Queensland Reconstruction Authority’s website is a disaster activation document — ‘Disaster Recovery Funding Arrangements event—Central, Southern and Western Queensland Rainfall and Flooding, 10 November – 3 December 2021’; ‘Disaster Recovery Funding Arrangements event—Ex-Tropical Cyclone Seth, 29 December 2021 – 10 January 2022’; ‘Disaster Recovery Funding Arrangements event—South East Queensland Rainfall and Flooding, 22 February - 5 April 2022’; ‘Disaster Recovery Funding Arrangements event—Southern Queensland Flooding, 06 – 20 May 2022’.\n- (a) ‘Disaster Recovery Funding Arrangements event—Central, Southern and Western Queensland Rainfall and Flooding, 10 November – 3 December 2021’;\n- (b) ‘Disaster Recovery Funding Arrangements event—Ex-Tropical Cyclone Seth, 29 December 2021 – 10 January 2022’;\n- (c) ‘Disaster Recovery Funding Arrangements event—South East Queensland Rainfall and Flooding, 22 February - 5 April 2022’;\n- (d) ‘Disaster Recovery Funding Arrangements event—Southern Queensland Flooding, 06 – 20 May 2022’.","sortOrder":742},{"sectionNumber":"sch.46-sec.5","sectionType":"section","heading":"Meaning of defined disaster area","content":"### sch.46-sec.5 Meaning of defined disaster area\n\nA defined disaster area for a 2021-2022 storm-flooding event is a local government area identified in a disaster activation document as—\na DRFA Activated Area; and\nan area eligible for exceptional assistance measures DRFA Category C or D.\nA defined disaster area for an eligible disaster, other than a 2021-2022 storm-flooding event, is an area—\ndefined by the Minister responsible for administering the Disaster Management Act 2003 for the purpose of activating the disaster recovery funding arrangements for a community affected by the eligible disaster; and\nidentified in a document published on the Queensland Reconstruction Authority’s website.\nsch 46 s 5 ins 2022 SL No. 138 s 8\n(sch.46-sec.5-ssec.1) A defined disaster area for a 2021-2022 storm-flooding event is a local government area identified in a disaster activation document as— a DRFA Activated Area; and an area eligible for exceptional assistance measures DRFA Category C or D.\n(sch.46-sec.5-ssec.2) A defined disaster area for an eligible disaster, other than a 2021-2022 storm-flooding event, is an area— defined by the Minister responsible for administering the Disaster Management Act 2003 for the purpose of activating the disaster recovery funding arrangements for a community affected by the eligible disaster; and identified in a document published on the Queensland Reconstruction Authority’s website.\n- (a) a DRFA Activated Area; and\n- (b) an area eligible for exceptional assistance measures DRFA Category C or D.\n- (a) defined by the Minister responsible for administering the Disaster Management Act 2003 for the purpose of activating the disaster recovery funding arrangements for a community affected by the eligible disaster; and\n- (b) identified in a document published on the Queensland Reconstruction Authority’s website.","sortOrder":743},{"sectionNumber":"sch.46-sec.6","sectionType":"section","heading":"Meaning of eligible disaster","content":"### sch.46-sec.6 Meaning of eligible disaster\n\nAn eligible disaster is any of the following—\na 2021-2022 storm-flooding event;\na natural disaster, other than a 2021-2022 storm-flooding event;\na terrorist act.\nIn this section—\nterrorist act see the Police Powers and Responsibilities Act 2000 , section 211 .\nsch 46 s 6 ins 2022 SL No. 138 s 8\n(sch.46-sec.6-ssec.1) An eligible disaster is any of the following— a 2021-2022 storm-flooding event; a natural disaster, other than a 2021-2022 storm-flooding event; a terrorist act.\n(sch.46-sec.6-ssec.2) In this section— terrorist act see the Police Powers and Responsibilities Act 2000 , section 211 .\n- (a) a 2021-2022 storm-flooding event;\n- (b) a natural disaster, other than a 2021-2022 storm-flooding event;\n- (c) a terrorist act.","sortOrder":744},{"sectionNumber":"sch.46-sec.7","sectionType":"section","heading":"Meaning of eligible recovery activity","content":"### sch.46-sec.7 Meaning of eligible recovery activity\n\nAn eligible recovery activity , for a medium to large business, includes any of the following activities undertaken by or for the business because of an eligible disaster—\nrepairing or replacing damaged plant or equipment;\nrepairing or replacing a building—\nto the standard existing before the eligible disaster; or\nin a way that makes the building more resilient to a natural disaster;\nrepairing the primary access to, and exit from, the business;\nrelocating the business, or critical infrastructure of the business, to another area in the local government area in which the business is located or in an adjacent local government area, if the authority is satisfied the relocation—\nis to mitigate the effect of any potential future natural disaster; and\ndoes not include making substantive improvements to the production capacity of the business;\ncarrying out works for flood mitigation;\npurchasing livestock to replace livestock lost in the disaster;\npurchasing 1 month’s supply of stock—\nto replace stock lost in the disaster; and\nto enable the business to carry on its operations and maintain its liquidity;\ncarrying out works or other acts that enable the business to carry on its operations, including—\nreplanting, restoring or re-establishing areas of the business affected by the eligible disaster; or\npaying rent and rates.\nsch 46 s 7 ins 2022 SL No. 138 s 8\n- (a) repairing or replacing damaged plant or equipment;\n- (b) repairing or replacing a building— (i) to the standard existing before the eligible disaster; or (ii) in a way that makes the building more resilient to a natural disaster;\n- (i) to the standard existing before the eligible disaster; or\n- (ii) in a way that makes the building more resilient to a natural disaster;\n- (c) repairing the primary access to, and exit from, the business;\n- (d) relocating the business, or critical infrastructure of the business, to another area in the local government area in which the business is located or in an adjacent local government area, if the authority is satisfied the relocation— (i) is to mitigate the effect of any potential future natural disaster; and (ii) does not include making substantive improvements to the production capacity of the business;\n- (i) is to mitigate the effect of any potential future natural disaster; and\n- (ii) does not include making substantive improvements to the production capacity of the business;\n- (e) carrying out works for flood mitigation;\n- (f) purchasing livestock to replace livestock lost in the disaster;\n- (g) purchasing 1 month’s supply of stock— (i) to replace stock lost in the disaster; and (ii) to enable the business to carry on its operations and maintain its liquidity;\n- (i) to replace stock lost in the disaster; and\n- (ii) to enable the business to carry on its operations and maintain its liquidity;\n- (h) carrying out works or other acts that enable the business to carry on its operations, including— (i) replanting, restoring or re-establishing areas of the business affected by the eligible disaster; or (ii) paying rent and rates.\n- (i) replanting, restoring or re-establishing areas of the business affected by the eligible disaster; or\n- (ii) paying rent and rates.\n- (i) to the standard existing before the eligible disaster; or\n- (ii) in a way that makes the building more resilient to a natural disaster;\n- (i) is to mitigate the effect of any potential future natural disaster; and\n- (ii) does not include making substantive improvements to the production capacity of the business;\n- (i) to replace stock lost in the disaster; and\n- (ii) to enable the business to carry on its operations and maintain its liquidity;\n- (i) replanting, restoring or re-establishing areas of the business affected by the eligible disaster; or\n- (ii) paying rent and rates.","sortOrder":745},{"sectionNumber":"sch.46-sec.8","sectionType":"section","heading":"Meaning of medium to large business","content":"### sch.46-sec.8 Meaning of medium to large business\n\nA medium to large business is a business—\nthat is—\na primary production enterprise; or\nan agricultural supply chain business; or\na non-agricultural supply chain business; and\nthat is carried on by a sole trader, partnership, proprietary company or trust; and\nfor which an entity holds an Australian Business Number; and\nthat is registered for GST; and\nthat is not operated by a public company within the meaning of the Corporations Act .\nIn this section—\nagricultural supply chain business means a business that distributes, processes or transports livestock or other goods associated with a primary production enterprise.\nabattoir, livestock or produce freight company, cannery\nnon-agricultural supply chain business means a business that manufactures, repairs, supplies or transports equipment or machinery for use by a primary production enterprise or agricultural supply chain business.\nan excavation or earthmoving company, a mechanical repair business\nsch 46 s 8 ins 2022 SL No. 138 s 8\n(sch.46-sec.8-ssec.1) A medium to large business is a business— that is— a primary production enterprise; or an agricultural supply chain business; or a non-agricultural supply chain business; and that is carried on by a sole trader, partnership, proprietary company or trust; and for which an entity holds an Australian Business Number; and that is registered for GST; and that is not operated by a public company within the meaning of the Corporations Act .\n(sch.46-sec.8-ssec.2) In this section— agricultural supply chain business means a business that distributes, processes or transports livestock or other goods associated with a primary production enterprise. abattoir, livestock or produce freight company, cannery non-agricultural supply chain business means a business that manufactures, repairs, supplies or transports equipment or machinery for use by a primary production enterprise or agricultural supply chain business. an excavation or earthmoving company, a mechanical repair business\n- (a) that is— (i) a primary production enterprise; or (ii) an agricultural supply chain business; or (iii) a non-agricultural supply chain business; and\n- (i) a primary production enterprise; or\n- (ii) an agricultural supply chain business; or\n- (iii) a non-agricultural supply chain business; and\n- (b) that is carried on by a sole trader, partnership, proprietary company or trust; and\n- (c) for which an entity holds an Australian Business Number; and\n- (d) that is registered for GST; and\n- (e) that is not operated by a public company within the meaning of the Corporations Act .\n- (i) a primary production enterprise; or\n- (ii) an agricultural supply chain business; or\n- (iii) a non-agricultural supply chain business; and","sortOrder":746},{"sectionNumber":"sch.46-sec.9","sectionType":"section","heading":"Meaning of natural disaster","content":"### sch.46-sec.9 Meaning of natural disaster\n\nA natural disaster is any of the following events—\na bushfire;\na cyclone;\nan earthquake;\na flood;\na landslide;\na meteorite strike;\na storm, including any, or any combination, of the following—\nhail;\nrain;\nwind;\na storm surge;\na tornado;\na tsunami.\nHowever, 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 to loss or damage suffered because of the event.\na deliberate act\nan accident\ndevelopment\nsch 46 s 9 ins 2022 SL No. 138 s 8\n(sch.46-sec.9-ssec.1) A natural disaster is any of the following events— a bushfire; a cyclone; an earthquake; a flood; a landslide; a meteorite strike; a storm, including any, or any combination, of the following— hail; rain; wind; a storm surge; a tornado; a tsunami.\n(sch.46-sec.9-ssec.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 to loss or damage suffered because of the event. a deliberate act an accident development\n- (a) a bushfire;\n- (b) a cyclone;\n- (c) an earthquake;\n- (d) a flood;\n- (e) a landslide;\n- (f) a meteorite strike;\n- (g) a storm, including any, or any combination, of the following— (i) hail; (ii) rain; (iii) wind;\n- (i) hail;\n- (ii) rain;\n- (iii) wind;\n- (h) a storm surge;\n- (i) a tornado;\n- (j) a tsunami.\n- (i) hail;\n- (ii) rain;\n- (iii) wind;\n- • a deliberate act\n- • an accident\n- • development","sortOrder":747},{"sectionNumber":"sch.46-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":748},{"sectionNumber":"sch.46-sec.10","sectionType":"section","heading":"Nature of assistance","content":"### sch.46-sec.10 Nature of assistance\n\nThe nature of the assistance available under the scheme is a loan, at a concessional rate of interest, to be used to pay for the eligible cost of an eligible recovery activity.\nA loan under the scheme is not available to pay for—\nlost income; or\nthe cost of direct damage caused by the eligible disaster for which the applicant receives, or is entitled to receive, an amount under an insurance policy; or\na cost, including a legal cost, associated with—\nan application under the scheme; or\nan application under a disaster recovery funding arrangement; or\na cost incurred before the eligible disaster occurred; or\na cost to reinstate an asset to a higher standard than the asset was before the eligible disaster, unless the cost is to improve the asset’s resilience to a natural disaster.\nIn this section—\neligible cost , of an eligible recovery activity, includes the cost of the following—\ncontractors or hire equipment associated with the eligible recovery activity;\nmaterials, goods, feed or livestock;\nconsumables, including fuel, associated with the eligible recovery activity.\nsch 46 s 10 ins 2022 SL No. 138 s 8\n(sch.46-sec.10-ssec.1) The nature of the assistance available under the scheme is a loan, at a concessional rate of interest, to be used to pay for the eligible cost of an eligible recovery activity.\n(sch.46-sec.10-ssec.2) A loan under the scheme is not available to pay for— lost income; or the cost of direct damage caused by the eligible disaster for which the applicant receives, or is entitled to receive, an amount under an insurance policy; or a cost, including a legal cost, associated with— an application under the scheme; or an application under a disaster recovery funding arrangement; or a cost incurred before the eligible disaster occurred; or a cost to reinstate an asset to a higher standard than the asset was before the eligible disaster, unless the cost is to improve the asset’s resilience to a natural disaster.\n(sch.46-sec.10-ssec.3) In this section— eligible cost , of an eligible recovery activity, includes the cost of the following— contractors or hire equipment associated with the eligible recovery activity; materials, goods, feed or livestock; consumables, including fuel, associated with the eligible recovery activity.\n- (a) lost income; or\n- (b) the cost of direct damage caused by the eligible disaster for which the applicant receives, or is entitled to receive, an amount under an insurance policy; or\n- (c) a cost, including a legal cost, associated with— (i) an application under the scheme; or (ii) an application under a disaster recovery funding arrangement; or\n- (i) an application under the scheme; or\n- (ii) an application under a disaster recovery funding arrangement; or\n- (d) a cost incurred before the eligible disaster occurred; or\n- (e) a cost to reinstate an asset to a higher standard than the asset was before the eligible disaster, unless the cost is to improve the asset’s resilience to a natural disaster.\n- (i) an application under the scheme; or\n- (ii) an application under a disaster recovery funding arrangement; or\n- (a) contractors or hire equipment associated with the eligible recovery activity;\n- (b) materials, goods, feed or livestock;\n- (c) consumables, including fuel, associated with the eligible recovery activity.","sortOrder":749},{"sectionNumber":"sch.46-sec.11","sectionType":"section","heading":"Amount of assistance","content":"### sch.46-sec.11 Amount of assistance\n\nThe minimum amount of assistance under the scheme for a medium to large business for an eligible recovery activity is a loan of $250,000.\nThe maximum amount of assistance under the scheme for a medium to large business for an eligible recovery activity is a loan of $5,000,000.\nsch 46 s 11 ins 2022 SL No. 138 s 8\n(sch.46-sec.11-ssec.1) The minimum amount of assistance under the scheme for a medium to large business for an eligible recovery activity is a loan of $250,000.\n(sch.46-sec.11-ssec.2) The maximum amount of assistance under the scheme for a medium to large business for an eligible recovery activity is a loan of $5,000,000.","sortOrder":750},{"sectionNumber":"sch.46-sec.12","sectionType":"section","heading":"Eligibility criteria","content":"### sch.46-sec.12 Eligibility criteria\n\nAn applicant is eligible to receive assistance under the scheme if the authority is satisfied—\nthe applicant is a medium to large business; and\nassets ( damaged assets ) used by the applicant were—\nlocated in the defined disaster area for the disaster immediately before the eligible disaster; and\ndamaged as a direct result of the eligible disaster; and\nthe applicant can not repair or replace damaged assets from the applicant’s own resources and without assistance under the scheme; and\nthe applicant is primarily responsible for meeting the costs of an eligible recovery activity claimed in the application; and\nthe applicant has not received a loan for loss or damage related to the eligible disaster under—\nthe Disaster Assistance (Primary Producers) Loans Scheme, set out in schedule 2 ; or\nthe Disaster Assistance (Small Business) Loans Scheme, set out in schedule 3 ; and\nthe applicant has the ability to repay the loan applied for; and\nthere are reasonable prospects for the long-term viability of the applicant if the assistance is provided.\nsch 46 s 12 ins 2022 SL No. 138 s 8\n- (a) the applicant is a medium to large business; and\n- (b) assets ( damaged assets ) used by the applicant were— (i) located in the defined disaster area for the disaster immediately before the eligible disaster; and (ii) damaged as a direct result of the eligible disaster; and\n- (i) located in the defined disaster area for the disaster immediately before the eligible disaster; and\n- (ii) damaged as a direct result of the eligible disaster; and\n- (c) the applicant can not repair or replace damaged assets from the applicant’s own resources and without assistance under the scheme; and\n- (d) the applicant is primarily responsible for meeting the costs of an eligible recovery activity claimed in the application; and\n- (e) the applicant has not received a loan for loss or damage related to the eligible disaster under— (i) the Disaster Assistance (Primary Producers) Loans Scheme, set out in schedule 2 ; or (ii) the Disaster Assistance (Small Business) Loans Scheme, set out in schedule 3 ; and\n- (i) the Disaster Assistance (Primary Producers) Loans Scheme, set out in schedule 2 ; or\n- (ii) the Disaster Assistance (Small Business) Loans Scheme, set out in schedule 3 ; and\n- (f) the applicant has the ability to repay the loan applied for; and\n- (g) there are reasonable prospects for the long-term viability of the applicant if the assistance is provided.\n- (i) located in the defined disaster area for the disaster immediately before the eligible disaster; and\n- (ii) damaged as a direct result of the eligible disaster; and\n- (i) the Disaster Assistance (Primary Producers) Loans Scheme, set out in schedule 2 ; or\n- (ii) the Disaster Assistance (Small Business) Loans Scheme, set out in schedule 3 ; and","sortOrder":751},{"sectionNumber":"sch.46-sec.13","sectionType":"section","heading":"Interest rates","content":"### sch.46-sec.13 Interest rates\n\nThe interest charged on a loan given under the scheme must be calculated at a concessional interest rate decided by the authority.\nThe authority may include a condition varying the interest rate during the term of the loan.\nsch 46 s 13 ins 2022 SL No. 138 s 8\n(sch.46-sec.13-ssec.1) The interest charged on a loan given under the scheme must be calculated at a concessional interest rate decided by the authority.\n(sch.46-sec.13-ssec.2) The authority may include a condition varying the interest rate during the term of the loan.","sortOrder":752},{"sectionNumber":"sch.46-sec.14","sectionType":"section","heading":"Security","content":"### sch.46-sec.14 Security\n\nA loan under the scheme must be secured to the satisfaction of the authority.\nsch 46 s 14 ins 2022 SL No. 138 s 8","sortOrder":753},{"sectionNumber":"sch.46-sec.15","sectionType":"section","heading":"Terms of repayment","content":"### sch.46-sec.15 Terms of repayment\n\nThe term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\nDuring the first 2 years of the loan term, the applicant must make the interest repayments decided by the authority.\nFrom the start of the third year of the loan term, the applicant must make the principal and interest repayments decided by the authority.\nsch 46 s 15 ins 2022 SL No. 138 s 8\n(sch.46-sec.15-ssec.1) The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.\n(sch.46-sec.15-ssec.2) During the first 2 years of the loan term, the applicant must make the interest repayments decided by the authority.\n(sch.46-sec.15-ssec.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.","sortOrder":754},{"sectionNumber":"sch.46-sec.16","sectionType":"section","heading":"Applications","content":"### sch.46-sec.16 Applications\n\nAn application for assistance under the scheme must—\nbe made on the authority’s application form; and\nbe accompanied by the documents stated on the application form; and\nbe given to the authority no later than the closing day for applications stated on the authority’s website.\nIf the authority asks the applicant for further information to decide the application, the applicant must give the authority the information.\nsch 46 s 16 ins 2022 SL No. 138 s 8\n(sch.46-sec.16-ssec.1) An application for assistance under the scheme must— be made on the authority’s application form; and be accompanied by the documents stated on the application form; and be given to the authority no later than the closing day for applications stated on the authority’s website.\n(sch.46-sec.16-ssec.2) If the authority asks the applicant for further information to decide the application, the applicant must give the authority the information.\n- (a) be made on the authority’s application form; and\n- (b) be accompanied by the documents stated on the application form; and\n- (c) be given to the authority no later than the closing day for applications stated on the authority’s website.","sortOrder":755},{"sectionNumber":"sch.46-sec.17","sectionType":"section","heading":"Deciding applications","content":"### sch.46-sec.17 Deciding applications\n\nThe authority must consider each application for assistance under the scheme that complies with section 16 and decide to approve, or refuse to approve, the application.\nThe authority must consider applications in the order they are received by the authority.\nIn approving an application, the authority may, with the agreement of the applicant, approve a lesser amount of assistance than the amount applied for in the application.\nHowever, an amount agreed to under subsection (3) must not be less than $250,000.\nA loan of $250,000 is the minimum amount of assistance under the scheme for an eligible recovery activity. See section 11 (1) .\nThe authority must refuse to approve an application if the authority’s funds for assistance for the scheme are not sufficient to pay for the assistance applied for in the application.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\nsch 46 s 17 ins 2022 SL No. 138 s 8\n(sch.46-sec.17-ssec.1) The authority must consider each application for assistance under the scheme that complies with section 16 and decide to approve, or refuse to approve, the application.\n(sch.46-sec.17-ssec.2) The authority must consider applications in the order they are received by the authority.\n(sch.46-sec.17-ssec.3) In approving an application, the authority may, with the agreement of the applicant, approve a lesser amount of assistance than the amount applied for in the application.\n(sch.46-sec.17-ssec.4) However, an amount agreed to under subsection (3) must not be less than $250,000. A loan of $250,000 is the minimum amount of assistance under the scheme for an eligible recovery activity. See section 11 (1) .\n(sch.46-sec.17-ssec.5) The authority must refuse to approve an application if the authority’s funds for assistance for the scheme are not sufficient to pay for the assistance applied for in the application.\n(sch.46-sec.17-ssec.6) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.","sortOrder":756},{"sectionNumber":"sch.46-sec.18","sectionType":"section","heading":"Review by authority","content":"### sch.46-sec.18 Review by authority\n\nAssistance given to an applicant under the scheme may be subject to an annual review by the authority.\nsch 46 s 18 ins 2022 SL No. 138 s 8","sortOrder":757},{"sectionNumber":"sch.47-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":758},{"sectionNumber":"sch.47-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.47-sec.1 Objective of scheme\n\nThe objective of the scheme is to provide assistance, under agreements entered into from time to time between the Commonwealth and the State, to rural landholders that have suffered damage as a direct result of an eligible disaster.\nsch 47 s 1 ins 2022 SL No. 138 s 8","sortOrder":759},{"sectionNumber":"sch.47-sec.2","sectionType":"section","heading":"Purpose of scheme","content":"### sch.47-sec.2 Purpose of scheme\n\nThe purpose of assistance under the scheme is to help rural landholders offset the cost of eligible recovery activities.\nHowever, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered because of an eligible disaster.\nsch 47 s 2 ins 2022 SL No. 138 s 8\n(sch.47-sec.2-ssec.1) The purpose of assistance under the scheme is to help rural landholders offset the cost of eligible recovery activities.\n(sch.47-sec.2-ssec.2) However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered because of an eligible disaster.","sortOrder":760},{"sectionNumber":"sch.47-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.47-sec.3 Definitions for schedule\n\nIn this schedule—\n2021-2022 storm-flooding event see section 4 (1) .\napplicant means an entity applying for financial assistance under the scheme.\nassistance establishment notice see section 11 (2) .\nclosing day , for applications for assistance for an eligible disaster under the scheme, means—\nthe day stated in the assistance establishment notice for the eligible disaster as the day by which applications must be received by the authority; or\nif the day is changed under section 11 (4) —the day as changed.\ndefined disaster area , for an eligible disaster, see section 5 .\ndisaster activation document see section 4 (2) .\ndisaster recovery funding arrangements means 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.\nThe disaster recovery funding arrangements can be viewed on the Australian Government’s Disaster Assist website.\neligible disaster see section 6 .\neligible recovery activity see section 7 .\nnatural disaster see section 8 .\nprimary production enterprise means a business—\nthat involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; and\nfor which an entity holds an Australian Business Number.\nQueensland Reconstruction Authority means the authority established under the Queensland Reconstruction Authority Act 2011 , section 7 .\nrelevant land means land—\nlocated in a defined disaster area; and\nthat has a total area of at least 10 hectares.\nrural landholder see section 9 .\nscheme means the scheme set out in this schedule.\nsch 47 s 3 ins 2022 SL No. 138 s 8\n- (a) the day stated in the assistance establishment notice for the eligible disaster as the day by which applications must be received by the authority; or\n- (b) if the day is changed under section 11 (4) —the day as changed.\n- (a) that involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; and\n- (b) for which an entity holds an Australian Business Number.\n- (a) located in a defined disaster area; and\n- (b) that has a total area of at least 10 hectares.","sortOrder":761},{"sectionNumber":"sch.47-sec.4","sectionType":"section","heading":"Meaning of 2021-2022 storm-flooding event and disaster activation document","content":"### sch.47-sec.4 Meaning of 2021-2022 storm-flooding event and disaster activation document\n\nA 2021-2022 storm-flooding event is an event identified in a disaster activation document as a disaster for which financial assistance has been activated.\nEach of the following documents published on the Queensland Reconstruction Authority’s website is a disaster activation document —\n‘Disaster Recovery Funding Arrangements event—Central, Southern and Western Queensland Rainfall and Flooding, 10 November – 3 December 2021’;\n‘Disaster Recovery Funding Arrangements event—Ex-Tropical Cyclone Seth, 29 December 2021 – 10 January 2022’;\n‘Disaster Recovery Funding Arrangements event—South East Queensland Rainfall and Flooding, 22 February - 5 April 2022’;\n‘Disaster Recovery Funding Arrangements event—Southern Queensland Flooding, 06 – 20 May 2022’.\nsch 47 s 4 ins 2022 SL No. 138 s 8\n(sch.47-sec.4-ssec.1) A 2021-2022 storm-flooding event is an event identified in a disaster activation document as a disaster for which financial assistance has been activated.\n(sch.47-sec.4-ssec.2) Each of the following documents published on the Queensland Reconstruction Authority’s website is a disaster activation document — ‘Disaster Recovery Funding Arrangements event—Central, Southern and Western Queensland Rainfall and Flooding, 10 November – 3 December 2021’; ‘Disaster Recovery Funding Arrangements event—Ex-Tropical Cyclone Seth, 29 December 2021 – 10 January 2022’; ‘Disaster Recovery Funding Arrangements event—South East Queensland Rainfall and Flooding, 22 February - 5 April 2022’; ‘Disaster Recovery Funding Arrangements event—Southern Queensland Flooding, 06 – 20 May 2022’.\n- (a) ‘Disaster Recovery Funding Arrangements event—Central, Southern and Western Queensland Rainfall and Flooding, 10 November – 3 December 2021’;\n- (b) ‘Disaster Recovery Funding Arrangements event—Ex-Tropical Cyclone Seth, 29 December 2021 – 10 January 2022’;\n- (c) ‘Disaster Recovery Funding Arrangements event—South East Queensland Rainfall and Flooding, 22 February - 5 April 2022’;\n- (d) ‘Disaster Recovery Funding Arrangements event—Southern Queensland Flooding, 06 – 20 May 2022’.","sortOrder":762},{"sectionNumber":"sch.47-sec.5","sectionType":"section","heading":"Meaning of defined disaster area","content":"### sch.47-sec.5 Meaning of defined disaster area\n\nA defined disaster area for a 2021-2022 storm-flooding event is a local government area identified in a disaster activation document as a DRFA Activated Area.\nA defined disaster area for an eligible disaster, other than a 2021-2022 storm-flooding event, is an area—\ndefined by the Minister responsible for administering the Queensland Reconstruction Authority Act 2011 for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and\nidentified in a document published on the Queensland Reconstruction Authority’s website.\nsch 47 s 5 ins 2022 SL No. 138 s 8\namd 2025 SL No. 120 s 13\n(sch.47-sec.5-ssec.1) A defined disaster area for a 2021-2022 storm-flooding event is a local government area identified in a disaster activation document as a DRFA Activated Area.\n(sch.47-sec.5-ssec.2) A defined disaster area for an eligible disaster, other than a 2021-2022 storm-flooding event, is an area— defined by the Minister responsible for administering the Queensland Reconstruction Authority Act 2011 for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and identified in a document published on the Queensland Reconstruction Authority’s website.\n- (a) defined by the Minister responsible for administering the Queensland Reconstruction Authority Act 2011 for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and\n- (b) identified in a document published on the Queensland Reconstruction Authority’s website.","sortOrder":763},{"sectionNumber":"sch.47-sec.6","sectionType":"section","heading":"Meaning of eligible disaster","content":"### sch.47-sec.6 Meaning of eligible disaster\n\nAn eligible disaster is any of the following—\na 2021-2022 storm-flooding event;\na natural disaster, other than a 2021-2022 storm-flooding event;\na terrorist act.\nIn this section—\nterrorist act see the Police Powers and Responsibilities Act 2000 , section 211 .\nsch 47 s 6 ins 2022 SL No. 138 s 8\n(sch.47-sec.6-ssec.1) An eligible disaster is any of the following— a 2021-2022 storm-flooding event; a natural disaster, other than a 2021-2022 storm-flooding event; a terrorist act.\n(sch.47-sec.6-ssec.2) In this section— terrorist act see the Police Powers and Responsibilities Act 2000 , section 211 .\n- (a) a 2021-2022 storm-flooding event;\n- (b) a natural disaster, other than a 2021-2022 storm-flooding event;\n- (c) a terrorist act.","sortOrder":764},{"sectionNumber":"sch.47-sec.7","sectionType":"section","heading":"Meaning of eligible recovery activity","content":"### sch.47-sec.7 Meaning of eligible recovery activity\n\nAn eligible recovery activity includes any of the following activities undertaken by or for a primary production enterprise carried out on relevant land because of an eligible disaster—\nremoving and disposing of—\nflood related debris; or\ndamaged goods or materials; or\ndead livestock; or\ndangerous trees;\nreplacing dead livestock;\nreinstating access to water for use in the enterprise;\nengaging an appropriately qualified person to conduct a safety inspection of damage to fields, buildings or equipment;\nemploying a person to clean property, premises or equipment, if the cost of employing the person—\nwould not ordinarily have been incurred if the eligible disaster had not happened; or\nif a person would ordinarily be employed to clean the property, premises or equipment if the eligible disaster had not happened—exceeds the cost of ordinarily employing the person to clean the property, premises or equipment;\nrepairing or reinstating flood damaged buildings, water tanks, feed trays or fencing if the damage is not covered by insurance;\nrepairing a building, or repairing or replacing fittings in a building, if the repair or replacement is essential for reinstating the enterprise;\nrepairing or restoring fields;\nrepairing or reconditioning plant or equipment essential for reinstating the enterprise;\nrepairing the primary access to, and exit from, the land;\nsalvaging crops, grain or feed damaged as a result of the eligible disaster;\npurchasing feed to replace stock lost as a result of the eligible disaster;\npurchasing, hiring or leasing equipment or materials to clean fields, a building or equipment;\npurchasing, hiring or leasing plant, equipment or materials for reinstating the enterprise.\nIn this section—\nbuilding does not include the rural landholder’s principal place of residence.\nemploying includes engaging under a contract for services.\nlivestock includes poultry.\nreinstating , a primary production enterprise carried out on relevant land, means carrying out activities necessary to help the rural landholder carrying out the primary production enterprise to continue or resume production or trading to a level that is similar to the level that existed before the eligible disaster.\nsch 47 s 7 ins 2022 SL No. 138 s 8\n(sch.47-sec.7-ssec.1) An eligible recovery activity includes any of the following activities undertaken by or for a primary production enterprise carried out on relevant land because of an eligible disaster— removing and disposing of— flood related debris; or damaged goods or materials; or dead livestock; or dangerous trees; replacing dead livestock; reinstating access to water for use in the enterprise; engaging an appropriately qualified person to conduct a safety inspection of damage to fields, buildings or equipment; employing a person to clean property, premises or equipment, if the cost of employing the person— would not ordinarily have been incurred if the eligible disaster had not happened; or if a person would ordinarily be employed to clean the property, premises or equipment if the eligible disaster had not happened—exceeds the cost of ordinarily employing the person to clean the property, premises or equipment; repairing or reinstating flood damaged buildings, water tanks, feed trays or fencing if the damage is not covered by insurance; repairing a building, or repairing or replacing fittings in a building, if the repair or replacement is essential for reinstating the enterprise; repairing or restoring fields; repairing or reconditioning plant or equipment essential for reinstating the enterprise; repairing the primary access to, and exit from, the land; salvaging crops, grain or feed damaged as a result of the eligible disaster; purchasing feed to replace stock lost as a result of the eligible disaster; purchasing, hiring or leasing equipment or materials to clean fields, a building or equipment; purchasing, hiring or leasing plant, equipment or materials for reinstating the enterprise.\n(sch.47-sec.7-ssec.2) In this section— building does not include the rural landholder’s principal place of residence. employing includes engaging under a contract for services. livestock includes poultry. reinstating , a primary production enterprise carried out on relevant land, means carrying out activities necessary to help the rural landholder carrying out the primary production enterprise to continue or resume production or trading to a level that is similar to the level that existed before the eligible disaster.\n- (a) removing and disposing of— (i) flood related debris; or (ii) damaged goods or materials; or (iii) dead livestock; or (iv) dangerous trees;\n- (i) flood related debris; or\n- (ii) damaged goods or materials; or\n- (iii) dead livestock; or\n- (iv) dangerous trees;\n- (b) replacing dead livestock;\n- (c) reinstating access to water for use in the enterprise;\n- (d) engaging an appropriately qualified person to conduct a safety inspection of damage to fields, buildings or equipment;\n- (e) employing a person to clean property, premises or equipment, if the cost of employing the person— (i) would not ordinarily have been incurred if the eligible disaster had not happened; or (ii) if a person would ordinarily be employed to clean the property, premises or equipment if the eligible disaster had not happened—exceeds the cost of ordinarily employing the person to clean the property, premises or equipment;\n- (i) would not ordinarily have been incurred if the eligible disaster had not happened; or\n- (ii) if a person would ordinarily be employed to clean the property, premises or equipment if the eligible disaster had not happened—exceeds the cost of ordinarily employing the person to clean the property, premises or equipment;\n- (f) repairing or reinstating flood damaged buildings, water tanks, feed trays or fencing if the damage is not covered by insurance;\n- (g) repairing a building, or repairing or replacing fittings in a building, if the repair or replacement is essential for reinstating the enterprise;\n- (h) repairing or restoring fields;\n- (i) repairing or reconditioning plant or equipment essential for reinstating the enterprise;\n- (j) repairing the primary access to, and exit from, the land;\n- (k) salvaging crops, grain or feed damaged as a result of the eligible disaster;\n- (l) purchasing feed to replace stock lost as a result of the eligible disaster;\n- (m) purchasing, hiring or leasing equipment or materials to clean fields, a building or equipment;\n- (n) purchasing, hiring or leasing plant, equipment or materials for reinstating the enterprise.\n- (i) flood related debris; or\n- (ii) damaged goods or materials; or\n- (iii) dead livestock; or\n- (iv) dangerous trees;\n- (i) would not ordinarily have been incurred if the eligible disaster had not happened; or\n- (ii) if a person would ordinarily be employed to clean the property, premises or equipment if the eligible disaster had not happened—exceeds the cost of ordinarily employing the person to clean the property, premises or equipment;","sortOrder":765},{"sectionNumber":"sch.47-sec.8","sectionType":"section","heading":"Meaning of natural disaster","content":"### sch.47-sec.8 Meaning of natural disaster\n\nA natural disaster is any of the following events—\na bushfire;\na cyclone;\nan earthquake;\na flood;\na landslide;\na meteorite strike;\na storm, including any, or any combination, of the following—\nhail;\nrain;\nwind;\na storm surge;\na tornado;\na tsunami.\nHowever, 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 to loss or damage suffered because of the event.\na deliberate act\nan accident\ndevelopment\nsch 47 s 8 ins 2022 SL No. 138 s 8\n(sch.47-sec.8-ssec.1) A natural disaster is any of the following events— a bushfire; a cyclone; an earthquake; a flood; a landslide; a meteorite strike; a storm, including any, or any combination, of the following— hail; rain; wind; a storm surge; a tornado; a tsunami.\n(sch.47-sec.8-ssec.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 to loss or damage suffered because of the event. a deliberate act an accident development\n- (a) a bushfire;\n- (b) a cyclone;\n- (c) an earthquake;\n- (d) a flood;\n- (e) a landslide;\n- (f) a meteorite strike;\n- (g) a storm, including any, or any combination, of the following— (i) hail; (ii) rain; (iii) wind;\n- (i) hail;\n- (ii) rain;\n- (iii) wind;\n- (h) a storm surge;\n- (i) a tornado;\n- (j) a tsunami.\n- (i) hail;\n- (ii) rain;\n- (iii) wind;\n- • a deliberate act\n- • an accident\n- • development","sortOrder":766},{"sectionNumber":"sch.47-sec.9","sectionType":"section","heading":"Meaning of rural landholder","content":"### sch.47-sec.9 Meaning of rural landholder\n\nA rural landholder is an entity that—\nis the owner, or lessee under a long term lease, of relevant land on which the entity carries out a primary production enterprise; and\nwas carrying out the enterprise on the relevant land when an eligible disaster caused loss or damage to the enterprise; and\nheld an Australian Business Number for the enterprise when the eligible disaster caused the loss or damage.\nsch 47 s 9 ins 2022 SL No. 138 s 8\n- (a) is the owner, or lessee under a long term lease, of relevant land on which the entity carries out a primary production enterprise; and\n- (b) was carrying out the enterprise on the relevant land when an eligible disaster caused loss or damage to the enterprise; and\n- (c) held an Australian Business Number for the enterprise when the eligible disaster caused the loss or damage.","sortOrder":767},{"sectionNumber":"sch.47-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":768},{"sectionNumber":"sch.47-sec.10","sectionType":"section","heading":"Nature and maximum amount of assistance","content":"### sch.47-sec.10 Nature and maximum amount of assistance\n\nThe nature of the assistance that may be given to an applicant under the scheme is a rebate to offset the cost of an eligible recovery activity.\nA rebate under the scheme is not available to pay for the cost of direct damage caused by the eligible disaster for which the applicant receives, or is entitled to receive, an amount under an insurance policy.\nThe maximum amount of assistance under the scheme for an eligible disaster is—\n$10,000; or\nif another amount is stated in the assistance establishment notice—the stated amount.\nsch 47 s 10 ins 2022 SL No. 138 s 8\n(sch.47-sec.10-ssec.1) The nature of the assistance that may be given to an applicant under the scheme is a rebate to offset the cost of an eligible recovery activity.\n(sch.47-sec.10-ssec.2) A rebate under the scheme is not available to pay for the cost of direct damage caused by the eligible disaster for which the applicant receives, or is entitled to receive, an amount under an insurance policy.\n(sch.47-sec.10-ssec.3) The maximum amount of assistance under the scheme for an eligible disaster is— $10,000; or if another amount is stated in the assistance establishment notice—the stated amount.\n- (a) $10,000; or\n- (b) if another amount is stated in the assistance establishment notice—the stated amount.","sortOrder":769},{"sectionNumber":"sch.47-sec.11","sectionType":"section","heading":"Assistance establishment notice","content":"### sch.47-sec.11 Assistance establishment notice\n\nThis section applies if the Commonwealth and the State have agreed that assistance should be given under the disaster recovery funding arrangements to rural landholders for an eligible disaster.\nThe Minister may publish, on the authority’s website, a notice (an assistance establishment notice ) for the eligible disaster.\nThe assistance establishment notice must state—\na description of the eligible disaster; and\nif the maximum amount of assistance that may be given to a rural landholder for the eligible disaster is an amount other than $10,000—the maximum amount of assistance that may be given; and\nthe day (the stated closing day ) by which an application for the assistance must be received by the authority.\nThe Minister may, on or before the stated closing day, amend the assistance establishment notice to change the stated closing day to a later day.\nsch 47 s 11 ins 2022 SL No. 138 s 8\n(sch.47-sec.11-ssec.1) This section applies if the Commonwealth and the State have agreed that assistance should be given under the disaster recovery funding arrangements to rural landholders for an eligible disaster.\n(sch.47-sec.11-ssec.2) The Minister may publish, on the authority’s website, a notice (an assistance establishment notice ) for the eligible disaster.\n(sch.47-sec.11-ssec.3) The assistance establishment notice must state— a description of the eligible disaster; and if the maximum amount of assistance that may be given to a rural landholder for the eligible disaster is an amount other than $10,000—the maximum amount of assistance that may be given; and the day (the stated closing day ) by which an application for the assistance must be received by the authority.\n(sch.47-sec.11-ssec.4) The Minister may, on or before the stated closing day, amend the assistance establishment notice to change the stated closing day to a later day.\n- (a) a description of the eligible disaster; and\n- (b) if the maximum amount of assistance that may be given to a rural landholder for the eligible disaster is an amount other than $10,000—the maximum amount of assistance that may be given; and\n- (c) the day (the stated closing day ) by which an application for the assistance must be received by the authority.","sortOrder":770},{"sectionNumber":"sch.47-sec.12","sectionType":"section","heading":"Eligibility criteria","content":"### sch.47-sec.12 Eligibility criteria\n\nAn applicant is eligible to receive assistance under the scheme if the authority is satisfied the applicant—\nis a rural landholder; and\nin the financial year immediately before the eligible disaster—\nearned a minimum gross amount of $20,000 per annum from the primary production enterprise carried out on the relevant land; and\nearned a maximum gross amount of $250,000 from other activities, regardless of whether the other activities were carried out on the relevant land or somewhere else; and\nhas not received assistance for the primary production enterprise as a result of the eligible disaster under—\nthe Disaster Assistance (Primary Producers) Loans Scheme, set out in schedule 2 , as a primary producer under that scheme; or\nthe Special Disaster Assistance Recovery Grants Scheme, set out in schedule 23 , as a primary producer under that scheme; and\nhas received and paid a tax invoice in relation to carrying out an eligible recovery activity; and\nis primarily responsible for meeting the costs of an eligible recovery activity claimed in the application.\nHowever, an applicant is not eligible to receive assistance under the scheme if the applicant—\nis a non-government institution; and\nis the subject of a disqualifying disclosure.\nFor subsection (1) , an applicant is the subject of a disqualifying disclosure if the national redress scheme operator makes both of the following disclosures about the applicant on the scheme website—\na disclosure authorised under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 95A (1) ;\na disclosure authorised under section 95A (2) (c) , (e) or (g) of that Act.\nIn this section—\nnational redress scheme means the National Redress Scheme for Institutional Child Sexual Abuse established under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 8 .\nnational redress scheme operator means the National Redress Scheme Operator within the meaning of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 6 .\nnon-government institution see the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 114 (2) and (3) .\nscheme website means the website maintained for the national redress scheme by the national redress scheme operator.\nThe scheme website is www.nationalredress.gov.au.\nsch 47 s 12 ins 2022 SL No. 138 s 8\namd 2025 SL No. 169 s 18\n(sch.47-sec.12-ssec.1) An applicant is eligible to receive assistance under the scheme if the authority is satisfied the applicant— is a rural landholder; and in the financial year immediately before the eligible disaster— earned a minimum gross amount of $20,000 per annum from the primary production enterprise carried out on the relevant land; and earned a maximum gross amount of $250,000 from other activities, regardless of whether the other activities were carried out on the relevant land or somewhere else; and has not received assistance for the primary production enterprise as a result of the eligible disaster under— the Disaster Assistance (Primary Producers) Loans Scheme, set out in schedule 2 , as a primary producer under that scheme; or the Special Disaster Assistance Recovery Grants Scheme, set out in schedule 23 , as a primary producer under that scheme; and has received and paid a tax invoice in relation to carrying out an eligible recovery activity; and is primarily responsible for meeting the costs of an eligible recovery activity claimed in the application.\n(sch.47-sec.12-ssec.2) However, an applicant is not eligible to receive assistance under the scheme if the applicant— is a non-government institution; and is the subject of a disqualifying disclosure.\n(sch.47-sec.12-ssec.3) For subsection (1) , an applicant is the subject of a disqualifying disclosure if the national redress scheme operator makes both of the following disclosures about the applicant on the scheme website— a disclosure authorised under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 95A (1) ; a disclosure authorised under section 95A (2) (c) , (e) or (g) of that Act.\n(sch.47-sec.12-ssec.4) In this section— national redress scheme means the National Redress Scheme for Institutional Child Sexual Abuse established under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 8 . national redress scheme operator means the National Redress Scheme Operator within the meaning of the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 6 . non-government institution see the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 114 (2) and (3) . scheme website means the website maintained for the national redress scheme by the national redress scheme operator. The scheme website is www.nationalredress.gov.au.\n- (a) is a rural landholder; and\n- (b) in the financial year immediately before the eligible disaster— (i) earned a minimum gross amount of $20,000 per annum from the primary production enterprise carried out on the relevant land; and (ii) earned a maximum gross amount of $250,000 from other activities, regardless of whether the other activities were carried out on the relevant land or somewhere else; and\n- (i) earned a minimum gross amount of $20,000 per annum from the primary production enterprise carried out on the relevant land; and\n- (ii) earned a maximum gross amount of $250,000 from other activities, regardless of whether the other activities were carried out on the relevant land or somewhere else; and\n- (c) has not received assistance for the primary production enterprise as a result of the eligible disaster under— (i) the Disaster Assistance (Primary Producers) Loans Scheme, set out in schedule 2 , as a primary producer under that scheme; or (ii) the Special Disaster Assistance Recovery Grants Scheme, set out in schedule 23 , as a primary producer under that scheme; and\n- (i) the Disaster Assistance (Primary Producers) Loans Scheme, set out in schedule 2 , as a primary producer under that scheme; or\n- (ii) the Special Disaster Assistance Recovery Grants Scheme, set out in schedule 23 , as a primary producer under that scheme; and\n- (d) has received and paid a tax invoice in relation to carrying out an eligible recovery activity; and\n- (e) is primarily responsible for meeting the costs of an eligible recovery activity claimed in the application.\n- (i) earned a minimum gross amount of $20,000 per annum from the primary production enterprise carried out on the relevant land; and\n- (ii) earned a maximum gross amount of $250,000 from other activities, regardless of whether the other activities were carried out on the relevant land or somewhere else; and\n- (i) the Disaster Assistance (Primary Producers) Loans Scheme, set out in schedule 2 , as a primary producer under that scheme; or\n- (ii) the Special Disaster Assistance Recovery Grants Scheme, set out in schedule 23 , as a primary producer under that scheme; and\n- (a) is a non-government institution; and\n- (b) is the subject of a disqualifying disclosure.\n- (a) a disclosure authorised under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwlth) , section 95A (1) ;\n- (b) a disclosure authorised under section 95A (2) (c) , (e) or (g) of that Act.","sortOrder":771},{"sectionNumber":"sch.47-sec.13","sectionType":"section","heading":"Applications","content":"### sch.47-sec.13 Applications\n\nAn application for assistance under the scheme must—\nbe made on the authority’s application form; and\nbe accompanied by the documents stated on the application form; and\nbe given to the authority before the end of the day on the closing day.\nIf the authority asks the applicant for further information to decide the application, the applicant must give the authority the information.\nTo remove any doubt, it is declared that an application under the scheme can be made by more than 1 rural landholder in relation to particular relevant land.\nsch 47 s 13 ins 2022 SL No. 138 s 8\n(sch.47-sec.13-ssec.1) An application for assistance under the scheme must— be made on the authority’s application form; and be accompanied by the documents stated on the application form; and be given to the authority before the end of the day on the closing day.\n(sch.47-sec.13-ssec.2) If the authority asks the applicant for further information to decide the application, the applicant must give the authority the information.\n(sch.47-sec.13-ssec.3) To remove any doubt, it is declared that an application under the scheme can be made by more than 1 rural landholder in relation to particular relevant land.\n- (a) be made on the authority’s application form; and\n- (b) be accompanied by the documents stated on the application form; and\n- (c) be given to the authority before the end of the day on the closing day.","sortOrder":772},{"sectionNumber":"sch.47-sec.14","sectionType":"section","heading":"Conditions of assistance—keeping records for audit","content":"### sch.47-sec.14 Conditions of assistance—keeping records for audit\n\nPayment of assistance to an applicant under the scheme is subject to the following conditions—\nthe applicant must keep the tax invoices for amounts for which the applicant receives assistance under the scheme until the day that is 1 year after the closing day for applications under the scheme;\nthe applicant consents to the authority conducting an audit of the records mentioned in paragraph (a) to verify that amounts given to the applicant under the scheme are used in accordance with the application for assistance.\nsch 47 s 14 ins 2022 SL No. 138 s 8\n- (a) the applicant must keep the tax invoices for amounts for which the applicant receives assistance under the scheme until the day that is 1 year after the closing day for applications under the scheme;\n- (b) the applicant consents to the authority conducting an audit of the records mentioned in paragraph (a) to verify that amounts given to the applicant under the scheme are used in accordance with the application for assistance.","sortOrder":773},{"sectionNumber":"sch.47-sec.15","sectionType":"section","heading":"Deciding applications","content":"### sch.47-sec.15 Deciding applications\n\nThe authority must consider each application for assistance under the scheme that complies with section 13 and decide to approve, or refuse to approve, the application.\nThe authority must consider applications in the order they are received by the authority.\nThe authority must refuse to approve an application if the authority’s funds for assistance for a round of the scheme are not sufficient to pay for the assistance applied for in the application.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\nsch 47 s 15 ins 2022 SL No. 138 s 8\n(sch.47-sec.15-ssec.1) The authority must consider each application for assistance under the scheme that complies with section 13 and decide to approve, or refuse to approve, the application.\n(sch.47-sec.15-ssec.2) The authority must consider applications in the order they are received by the authority.\n(sch.47-sec.15-ssec.3) The authority must refuse to approve an application if the authority’s funds for assistance for a round of the scheme are not sufficient to pay for the assistance applied for in the application.\n(sch.47-sec.15-ssec.4) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.","sortOrder":774},{"sectionNumber":"sch.48-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":775},{"sectionNumber":"sch.48-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.48-sec.1 Objective of scheme\n\nThe objective of the scheme is to provide assistance to—\nimprove access for persons with a disability to tourism experiences and events provided by eligible entities; and\nassist eligible entities to employ persons with a disability.\nsch 48 s 1 ins 2023 SL No. 35 s 6\n- (a) improve access for persons with a disability to tourism experiences and events provided by eligible entities; and\n- (b) assist eligible entities to employ persons with a disability.","sortOrder":776},{"sectionNumber":"sch.48-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.48-sec.2 Purpose of assistance\n\nThe purpose of the scheme is to provide assistance to eligible entities to help pay for eligible projects.\nsch 48 s 2 ins 2023 SL No. 35 s 6","sortOrder":777},{"sectionNumber":"sch.48-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.48-sec.3 Definitions for schedule\n\nIn this schedule—\nANZSIC means the document called ‘Australian and New Zealand Standard Industrial Classification (ANZSIC) 2006 (Revision 2.0)’ published by the Australian Bureau of Statistics.\nANZSIC is available on the Australian Bureau of Statistics’ website.\napplicant means an entity applying for assistance under the scheme.\napplication means an application for assistance under the scheme.\nclosing day , for the scheme, means—\n30 June 2023; or\nthe later day stated in an extension notice.\neligible business see section 4 .\neligible entity means—\nan eligible business; or\nan eligible non-profit organisation.\neligible non-profit organisation see section 5 .\neligible project see section 6 .\nemployee , of an entity—\nmeans an individual who is employed by the entity; but\ndoes not include—\nif the owner of the entity is the entity’s governing body—the members of the governing body; or\nif the owner of the entity is a sole trader—the owner; or\nif the owner of the entity is a partnership, proprietary company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust; or\na person who performs work under a contract for services with the entity, including, for example, a subcontractor.\nextension notice see section 13 .\nfull-time employee , of an entity, means an employee of the entity who ordinarily works for at least 35 hours each week for the entity.\nmain component , of the financial assistance, means the part of the financial assistance mentioned in section 7 (2) (a) .\nowner , of an eligible entity, means—\nfor an eligible non-profit organisation—the organisation’s governing body; and\nfor an eligible business, any of the following entities that carries on the eligible business—\na sole trader;\na partnership;\na proprietary company;\na public company;\na trust.\nproprietary company see the Corporations Act , section 45A .\npublic company see the Corporations Act , section 9 .\nscheme means the scheme set out in this schedule.\ntourism industry means an industry classified under ANZSIC within class code—\n4279, 4400, 4511, 4513, 4520, 4530, 4621, 4623, 4820, 5010, 5220, 6611, 6619, 7220, 7299, 8910, 8921, 8922, 9001, 9002, 9003, 9131 and 9139; or\n6962 to the extent that the services provided relate to an industry within a class code mentioned in paragraph (a) .\nsch 48 s 3 ins 2023 SL No. 35 s 6\n- (a) 30 June 2023; or\n- (b) the later day stated in an extension notice.\n- (a) an eligible business; or\n- (b) an eligible non-profit organisation.\n- (a) means an individual who is employed by the entity; but\n- (b) does not include— (i) if the owner of the entity is the entity’s governing body—the members of the governing body; or (ii) if the owner of the entity is a sole trader—the owner; or (iii) if the owner of the entity is a partnership, proprietary company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust; or (iv) a person who performs work under a contract for services with the entity, including, for example, a subcontractor.\n- (i) if the owner of the entity is the entity’s governing body—the members of the governing body; or\n- (ii) if the owner of the entity is a sole trader—the owner; or\n- (iii) if the owner of the entity is a partnership, proprietary company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust; or\n- (iv) a person who performs work under a contract for services with the entity, including, for example, a subcontractor.\n- (i) if the owner of the entity is the entity’s governing body—the members of the governing body; or\n- (ii) if the owner of the entity is a sole trader—the owner; or\n- (iii) if the owner of the entity is a partnership, proprietary company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust; or\n- (iv) a person who performs work under a contract for services with the entity, including, for example, a subcontractor.\n- (a) for an eligible non-profit organisation—the organisation’s governing body; and\n- (b) for an eligible business, any of the following entities that carries on the eligible business— (i) a sole trader; (ii) a partnership; (iii) a proprietary company; (iv) a public company; (v) a trust.\n- (i) a sole trader;\n- (ii) a partnership;\n- (iii) a proprietary company;\n- (iv) a public company;\n- (v) a trust.\n- (i) a sole trader;\n- (ii) a partnership;\n- (iii) a proprietary company;\n- (iv) a public company;\n- (v) a trust.\n- (a) 4279, 4400, 4511, 4513, 4520, 4530, 4621, 4623, 4820, 5010, 5220, 6611, 6619, 7220, 7299, 8910, 8921, 8922, 9001, 9002, 9003, 9131 and 9139; or\n- (b) 6962 to the extent that the services provided relate to an industry within a class code mentioned in paragraph (a) .","sortOrder":778},{"sectionNumber":"sch.48-sec.4","sectionType":"section","heading":"Meaning of eligible business","content":"### sch.48-sec.4 Meaning of eligible business\n\nA business is an eligible business if—\nthe business—\nholds an Australian Business Number for the business ; and\nhas continuously held the same Australian Business Number since 1 January 2023; and\nthe business is, and has been since 1 January 2023—\nregistered for GST; and\ntrading from premises in Queensland, primarily in a tourism industry; and\non 1 January 2023, the business—\nhad no employees; or\nemployed fewer than 20 full-time employees; or\nif the business employed employees other than full-time employees—employed fewer than 20 equivalent full-time employees; and\nnone of the following entities is an insolvent under administration or an externally administered entity—\nthe business;\nif the owner of the business is a sole trader—the owner;\nif an owner of the business is a partnership—the partners in the partnership;\nif an owner of the business is a trust—the trustees of the trust;\nif an owner of the business is a company—the company or the directors of the company.\nHowever, a business is not an eligible business if the business is a body corporate under—\nthe Body Corporate and Community Management Act 1997 ; or\nthe Building Units and Group Titles Act 1980 .\nFor subsection (1) (c) (iii) , the number of equivalent full-time employees of a business is worked out using the formula—\nwhere—\nE means the number of equivalent full-time employees of the business.\nF means the number of full-time employees of the business.\nP means the total number of hours worked each week by employees who are not full-time employees.\nIn this section—\nexternally administered entity , in relation to a business, means the business is a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 .\ninsolvent under administration , in relation to a business, see the Corporations Act , section 9 .\nsch 48 s 4 ins 2023 SL No. 35 s 6\n(sch.48-sec.4-ssec.1) A business is an eligible business if— the business— holds an Australian Business Number for the business ; and has continuously held the same Australian Business Number since 1 January 2023; and the business is, and has been since 1 January 2023— registered for GST; and trading from premises in Queensland, primarily in a tourism industry; and on 1 January 2023, the business— had no employees; or employed fewer than 20 full-time employees; or if the business employed employees other than full-time employees—employed fewer than 20 equivalent full-time employees; and none of the following entities is an insolvent under administration or an externally administered entity— the business; if the owner of the business is a sole trader—the owner; if an owner of the business is a partnership—the partners in the partnership; if an owner of the business is a trust—the trustees of the trust; if an owner of the business is a company—the company or the directors of the company.\n(sch.48-sec.4-ssec.2) However, a business is not an eligible business if the business is a body corporate under— the Body Corporate and Community Management Act 1997 ; or the Building Units and Group Titles Act 1980 .\n(sch.48-sec.4-ssec.3) For subsection (1) (c) (iii) , 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 who are not full-time employees.\n(sch.48-sec.4-ssec.4) In this section— externally administered entity , in relation to a business, means the business is a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 . insolvent under administration , in relation to a business, see the Corporations Act , section 9 .\n- (a) the business— (i) holds an Australian Business Number for the business ; and (ii) has continuously held the same Australian Business Number since 1 January 2023; and\n- (i) holds an Australian Business Number for the business ; and\n- (ii) has continuously held the same Australian Business Number since 1 January 2023; and\n- (b) the business is, and has been since 1 January 2023— (i) registered for GST; and (ii) trading from premises in Queensland, primarily in a tourism industry; and\n- (i) registered for GST; and\n- (ii) trading from premises in Queensland, primarily in a tourism industry; and\n- (c) on 1 January 2023, the business— (i) had no employees; or (ii) employed fewer than 20 full-time employees; or (iii) if the business employed employees other than full-time employees—employed fewer than 20 equivalent full-time employees; and\n- (i) had no employees; or\n- (ii) employed fewer than 20 full-time employees; or\n- (iii) if the business employed employees other than full-time employees—employed fewer than 20 equivalent full-time employees; and\n- (d) none of the following entities is an insolvent under administration or an externally administered entity— (i) the business; (ii) if the owner of the business is a sole trader—the owner; (iii) if an owner of the business is a partnership—the partners in the partnership; (iv) if an owner of the business is a trust—the trustees of the trust; (v) if an owner of the business is a company—the company or the directors of the company.\n- (i) the business;\n- (ii) if the owner of the business is a sole trader—the owner;\n- (iii) if an owner of the business is a partnership—the partners in the partnership;\n- (iv) if an owner of the business is a trust—the trustees of the trust;\n- (v) if an owner of the business is a company—the company or the directors of the company.\n- (i) holds an Australian Business Number for the business ; and\n- (ii) has continuously held the same Australian Business Number since 1 January 2023; and\n- (i) registered for GST; and\n- (ii) trading from premises in Queensland, primarily in a tourism industry; and\n- (i) had no employees; or\n- (ii) employed fewer than 20 full-time employees; or\n- (iii) if the business employed employees other than full-time employees—employed fewer than 20 equivalent full-time employees; and\n- (i) the business;\n- (ii) if the owner of the business is a sole trader—the owner;\n- (iii) if an owner of the business is a partnership—the partners in the partnership;\n- (iv) if an owner of the business is a trust—the trustees of the trust;\n- (v) if an owner of the business is a company—the company or the directors of the company.\n- (a) the Body Corporate and Community Management Act 1997 ; or\n- (b) the Building Units and Group Titles Act 1980 .","sortOrder":779},{"sectionNumber":"sch.48-sec.5","sectionType":"section","heading":"Meaning of eligible non-profit organisation","content":"### sch.48-sec.5 Meaning of eligible non-profit organisation\n\nA non-profit organisation is an eligible non-profit organisation if—\nthe organisation—\nholds an Australian Business Number for the organisation; and\nhas continuously held the same Australian Business Number since 1 January 2023; and\nthe organisation is, and has been since 1 January 2023—\nregistered for GST; and\ntrading from premises in Queensland, primarily in a tourism industry; and\non 1 January 2023, the organisation—\nhad no employees; or\nemployed fewer than 20 full-time employees; or\nif the organisation employed employees other than full-time employees—employed fewer than 20 equivalent full-time employees; and\nneither the organisation, nor a member of the organisation’s governing body, is an insolvent under administration or an externally administered entity.\nHowever, a non-profit organisation is not an eligible non-profit organisation if—\nthe organisation is a government entity; or\nthe organisation’s only source of income is 1 or more of the following—\nearnings from rental properties;\ninterest earned on investments;\ndividends.\nFor subsection (1) (c) (iii) , the number of equivalent full-time employees of an organisation is worked out using the formula—\nwhere—\nE means the number of equivalent full-time employees of the organisation.\nF means the number of full-time employees of the organisation.\nP means the total number of hours worked each week by employees who are not full-time employees.\nIn this section—\nexternally administered entity , in relation to an organisation, means the organisation is a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 .\ngovernment entity means—\na government entity within the meaning of the Public Sector Act 2022 , section 276 ; or\na local government; or\na government owned corporation; or\nan Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or\nan entity that is wholly owned by an entity mentioned in any of paragraphs (a) to (d).\ninsolvent under administration , in relation to an organisation, see the Corporations Act , section 9 .\nnon-profit organisation means a charity or other not-for-profit entity that is incorporated under a law of the Commonwealth, this State or another State.\nsch 48 s 5 ins 2023 SL No. 35 s 6\n(sch.48-sec.5-ssec.1) A non-profit organisation is an eligible non-profit organisation if— the organisation— holds an Australian Business Number for the organisation; and has continuously held the same Australian Business Number since 1 January 2023; and the organisation is, and has been since 1 January 2023— registered for GST; and trading from premises in Queensland, primarily in a tourism industry; and on 1 January 2023, the organisation— had no employees; or employed fewer than 20 full-time employees; or if the organisation employed employees other than full-time employees—employed fewer than 20 equivalent full-time employees; and neither the organisation, nor a member of the organisation’s governing body, is an insolvent under administration or an externally administered entity.\n(sch.48-sec.5-ssec.2) However, a non-profit organisation is not an eligible non-profit organisation if— the organisation is a government entity; or the organisation’s only source of income is 1 or more of the following— earnings from rental properties; interest earned on investments; dividends.\n(sch.48-sec.5-ssec.3) For subsection (1) (c) (iii) , the number of equivalent full-time employees of an organisation is worked out using the formula— where— E means the number of equivalent full-time employees of the organisation. F means the number of full-time employees of the organisation. P means the total number of hours worked each week by employees who are not full-time employees.\n(sch.48-sec.5-ssec.4) In this section— externally administered entity , in relation to an organisation, means the organisation is a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 . government entity means— a government entity within the meaning of the Public Sector Act 2022 , section 276 ; or a local government; or a government owned corporation; or an Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or an entity that is wholly owned by an entity mentioned in any of paragraphs (a) to (d). insolvent under administration , in relation to an organisation, see the Corporations Act , section 9 . non-profit organisation means a charity or other not-for-profit entity that is incorporated under a law of the Commonwealth, this State or another State.\n- (a) the organisation— (i) holds an Australian Business Number for the organisation; and (ii) has continuously held the same Australian Business Number since 1 January 2023; and\n- (i) holds an Australian Business Number for the organisation; and\n- (ii) has continuously held the same Australian Business Number since 1 January 2023; and\n- (b) the organisation is, and has been since 1 January 2023— (i) registered for GST; and (ii) trading from premises in Queensland, primarily in a tourism industry; and\n- (i) registered for GST; and\n- (ii) trading from premises in Queensland, primarily in a tourism industry; and\n- (c) on 1 January 2023, the organisation— (i) had no employees; or (ii) employed fewer than 20 full-time employees; or (iii) if the organisation employed employees other than full-time employees—employed fewer than 20 equivalent full-time employees; and\n- (i) had no employees; or\n- (ii) employed fewer than 20 full-time employees; or\n- (iii) if the organisation employed employees other than full-time employees—employed fewer than 20 equivalent full-time employees; and\n- (d) neither the organisation, nor a member of the organisation’s governing body, is an insolvent under administration or an externally administered entity.\n- (i) holds an Australian Business Number for the organisation; and\n- (ii) has continuously held the same Australian Business Number since 1 January 2023; and\n- (i) registered for GST; and\n- (ii) trading from premises in Queensland, primarily in a tourism industry; and\n- (i) had no employees; or\n- (ii) employed fewer than 20 full-time employees; or\n- (iii) if the organisation employed employees other than full-time employees—employed fewer than 20 equivalent full-time employees; and\n- (a) the organisation is a government entity; or\n- (b) the organisation’s only source of income is 1 or more of the following— (i) earnings from rental properties; (ii) interest earned on investments; (iii) dividends.\n- (i) earnings from rental properties;\n- (ii) interest earned on investments;\n- (iii) dividends.\n- (i) earnings from rental properties;\n- (ii) interest earned on investments;\n- (iii) dividends.\n- (a) a government entity within the meaning of the Public Sector Act 2022 , section 276 ; or\n- (b) a local government; or\n- (c) a government owned corporation; or\n- (d) an Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or\n- (e) an entity that is wholly owned by an entity mentioned in any of paragraphs (a) to (d).","sortOrder":780},{"sectionNumber":"sch.48-sec.6","sectionType":"section","heading":"Meaning of eligible project","content":"### sch.48-sec.6 Meaning of eligible project\n\nAn eligible project is a project to upgrade, purchase or replace infrastructure, products or services for the purpose of meeting the needs of persons with a disability, including, for example—\nmodifying vehicles or vessels; and\npurchasing and installing new assistive or adaptive technology or equipment; and\npurchasing and installing—\nnew augmented reality technology; or\nnew virtual reality technology.\nsch 48 s 6 ins 2023 SL No. 35 s 6\n- (a) modifying vehicles or vessels; and\n- (b) purchasing and installing new assistive or adaptive technology or equipment; and\n- (c) purchasing and installing— (i) new augmented reality technology; or (ii) new virtual reality technology.\n- (i) new augmented reality technology; or\n- (ii) new virtual reality technology.\n- (i) new augmented reality technology; or\n- (ii) new virtual reality technology.","sortOrder":781},{"sectionNumber":"sch.48-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":782},{"sectionNumber":"sch.48-sec.7","sectionType":"section","heading":"Nature of assistance","content":"### sch.48-sec.7 Nature of assistance\n\nThe nature of the assistance available under the scheme is a grant of financial assistance for eligible costs for an eligible project.\nThe maximum amount of the financial assistance available under the scheme is the total of—\n50% of the eligible costs of an eligible project (exclusive of GST), up to a maximum amount of $20,000; and\nan amount for any GST payable in relation to the granting of financial assistance under the scheme.\nThe minimum amount of the main component of the financial assistance available under the scheme is $5,000.\nSee section 12 for when the authority must reject an application for assistance.\nIn this section—\neligible costs , of an eligible project, means any cost of the project other than a cost mentioned in section 8 (1) .\nsch 48 s 7 ins 2023 SL No. 35 s 6\n(sch.48-sec.7-ssec.1) The nature of the assistance available under the scheme is a grant of financial assistance for eligible costs for an eligible project.\n(sch.48-sec.7-ssec.2) The maximum amount of the financial assistance available under the scheme is the total of— 50% of the eligible costs of an eligible project (exclusive of GST), up to a maximum amount of $20,000; and an amount for any GST payable in relation to the granting of financial assistance under the scheme.\n(sch.48-sec.7-ssec.3) The minimum amount of the main component of the financial assistance available under the scheme is $5,000. See section 12 for when the authority must reject an application for assistance.\n(sch.48-sec.7-ssec.4) In this section— eligible costs , of an eligible project, means any cost of the project other than a cost mentioned in section 8 (1) .\n- (a) 50% of the eligible costs of an eligible project (exclusive of GST), up to a maximum amount of $20,000; and\n- (b) an amount for any GST payable in relation to the granting of financial assistance under the scheme.","sortOrder":783},{"sectionNumber":"sch.48-sec.8","sectionType":"section","heading":"Particular costs not available under the scheme","content":"### sch.48-sec.8 Particular costs not available under the scheme\n\nA grant of assistance under the scheme is not available for any of the following costs of an eligible project—\ncosts related to activities that commenced before the application for the assistance is approved under section 15 ;\ncosts related to maintaining existing equipment or infrastructure;\nemployee allowances, bonuses or fringe benefits;\ncosts related to the purchase, hire or lease of land, buildings or venues;\ncosts related to conducting feasibility studies;\nadministration and operating costs;\nthe cost of new equipment or other assets unless the equipment or asset remains in the ownership, care and control of the eligible entity;\nthe cost of goods and services provided by related parties;\nthe administrative costs of complying with—\nthe Building Code of Australia; or\nthe Disability (Access to Premises— Buildings) Standards 2010 (Cwlth) ;\ncosts that may be recovered under other assistance from the Commonwealth, this State or another State.\nIn this section—\nBuilding code of Australia means the document called ‘National Construction Code’, volume 1 and volume 2 (including the Queensland Appendixes) published by the entity known as the Australian Building Codes Board as amended from time to time by amendments published by the board.\ncommenced , an eligible project—\nincludes purchasing items, or engaging a contractor or other person, for the construction or installation of an eligible project or part of the eligible project; but\ndoes not include the payment of a deposit for a purchase or engagement mentioned in paragraph (a) .\nrelated party , of an eligible entity, means—\nif another entity controls the eligible entity—the other entity; or\nan owner of the eligible entity; or\na spouse, parent or child of an owner of the eligible entity; or\nan employee of the eligible entity; or\nan entity controlled by a person mentioned in paragraph (b) , (c) or (d) .\nsch 48 s 8 ins 2023 SL No. 35 s 6\n(sch.48-sec.8-ssec.1) A grant of assistance under the scheme is not available for any of the following costs of an eligible project— costs related to activities that commenced before the application for the assistance is approved under section 15 ; costs related to maintaining existing equipment or infrastructure; employee allowances, bonuses or fringe benefits; costs related to the purchase, hire or lease of land, buildings or venues; costs related to conducting feasibility studies; administration and operating costs; the cost of new equipment or other assets unless the equipment or asset remains in the ownership, care and control of the eligible entity; the cost of goods and services provided by related parties; the administrative costs of complying with— the Building Code of Australia; or the Disability (Access to Premises— Buildings) Standards 2010 (Cwlth) ; costs that may be recovered under other assistance from the Commonwealth, this State or another State.\n(sch.48-sec.8-ssec.2) In this section— Building code of Australia means the document called ‘National Construction Code’, volume 1 and volume 2 (including the Queensland Appendixes) published by the entity known as the Australian Building Codes Board as amended from time to time by amendments published by the board. commenced , an eligible project— includes purchasing items, or engaging a contractor or other person, for the construction or installation of an eligible project or part of the eligible project; but does not include the payment of a deposit for a purchase or engagement mentioned in paragraph (a) . related party , of an eligible entity, means— if another entity controls the eligible entity—the other entity; or an owner of the eligible entity; or a spouse, parent or child of an owner of the eligible entity; or an employee of the eligible entity; or an entity controlled by a person mentioned in paragraph (b) , (c) or (d) .\n- (a) costs related to activities that commenced before the application for the assistance is approved under section 15 ;\n- (b) costs related to maintaining existing equipment or infrastructure;\n- (c) employee allowances, bonuses or fringe benefits;\n- (d) costs related to the purchase, hire or lease of land, buildings or venues;\n- (e) costs related to conducting feasibility studies;\n- (f) administration and operating costs;\n- (g) the cost of new equipment or other assets unless the equipment or asset remains in the ownership, care and control of the eligible entity;\n- (h) the cost of goods and services provided by related parties;\n- (i) the administrative costs of complying with— (i) the Building Code of Australia; or (ii) the Disability (Access to Premises— Buildings) Standards 2010 (Cwlth) ;\n- (i) the Building Code of Australia; or\n- (ii) the Disability (Access to Premises— Buildings) Standards 2010 (Cwlth) ;\n- (j) costs that may be recovered under other assistance from the Commonwealth, this State or another State.\n- (i) the Building Code of Australia; or\n- (ii) the Disability (Access to Premises— Buildings) Standards 2010 (Cwlth) ;\n- (a) includes purchasing items, or engaging a contractor or other person, for the construction or installation of an eligible project or part of the eligible project; but\n- (b) does not include the payment of a deposit for a purchase or engagement mentioned in paragraph (a) .\n- (a) if another entity controls the eligible entity—the other entity; or\n- (b) an owner of the eligible entity; or\n- (c) a spouse, parent or child of an owner of the eligible entity; or\n- (d) an employee of the eligible entity; or\n- (e) an entity controlled by a person mentioned in paragraph (b) , (c) or (d) .","sortOrder":784},{"sectionNumber":"sch.48-sec.9","sectionType":"section","heading":"Eligibility criteria","content":"### sch.48-sec.9 Eligibility criteria\n\nAn applicant is eligible to receive assistance under the scheme if the authority is satisfied—\nthe applicant is an owner of an eligible entity; and\nthe applicant is applying for assistance for an eligible project; and\nthe applicant has not previously applied for assistance under the scheme in relation to—\nthe eligible project; or\nanother eligible project; and\nthe applicant has not been approved to receive other government funding for the eligible project; and\nthe applicant has the ability to pay any costs of the eligible project that is more than the assistance being applied for; and\nthe eligible project represents value for money; and\nthe eligible project is consistent with Queensland's disability plan and the Towards Tourism 2032 collective framework; and\nthe eligible project will—\nbe ready to commence within 3 months after the day the grant of assistance is given to the applicant; and\nbe completed before 30 June 2024.\nFor subsection (1) (h) (i) , an eligible project is taken to be ready to commence if all the steps required to be taken by the applicant to commence the eligible project have been taken.\nIn this section—\ngovernment funding means financial assistance provided by the Commonwealth government, the government of a State or a local government.\nQueensland’s disability plan means the plan titled ‘Queensland’s Disability Plan 2022-27: Together, a better Queensland’ published by the Queensland Government.\nThe Queensland’s Disability Plan 2022-27: Together, a better Queensland is available on the Queensland government’s website.\nTowards Tourism 2032 means the collective framework titled ‘Towards Tourism 2032: Transforming Queensland’s visitor economy future’ published by the Queensland Government.\nTowards Tourism 2032: Transforming Queensland’s visitor economy future is available on the Department of Tourism, Innovation and Sport’s website.\nsch 48 s 9 ins 2023 SL No. 35 s 6\n(sch.48-sec.9-ssec.1) An applicant is eligible to receive assistance under the scheme if the authority is satisfied— the applicant is an owner of an eligible entity; and the applicant is applying for assistance for an eligible project; and the applicant has not previously applied for assistance under the scheme in relation to— the eligible project; or another eligible project; and the applicant has not been approved to receive other government funding for the eligible project; and the applicant has the ability to pay any costs of the eligible project that is more than the assistance being applied for; and the eligible project represents value for money; and the eligible project is consistent with Queensland's disability plan and the Towards Tourism 2032 collective framework; and the eligible project will— be ready to commence within 3 months after the day the grant of assistance is given to the applicant; and be completed before 30 June 2024.\n(sch.48-sec.9-ssec.2) For subsection (1) (h) (i) , an eligible project is taken to be ready to commence if all the steps required to be taken by the applicant to commence the eligible project have been taken.\n(sch.48-sec.9-ssec.3) In this section— government funding means financial assistance provided by the Commonwealth government, the government of a State or a local government. Queensland’s disability plan means the plan titled ‘Queensland’s Disability Plan 2022-27: Together, a better Queensland’ published by the Queensland Government. The Queensland’s Disability Plan 2022-27: Together, a better Queensland is available on the Queensland government’s website. Towards Tourism 2032 means the collective framework titled ‘Towards Tourism 2032: Transforming Queensland’s visitor economy future’ published by the Queensland Government. Towards Tourism 2032: Transforming Queensland’s visitor economy future is available on the Department of Tourism, Innovation and Sport’s website.\n- (a) the applicant is an owner of an eligible entity; and\n- (b) the applicant is applying for assistance for an eligible project; and\n- (c) the applicant has not previously applied for assistance under the scheme in relation to— (i) the eligible project; or (ii) another eligible project; and\n- (i) the eligible project; or\n- (ii) another eligible project; and\n- (d) the applicant has not been approved to receive other government funding for the eligible project; and\n- (e) the applicant has the ability to pay any costs of the eligible project that is more than the assistance being applied for; and\n- (f) the eligible project represents value for money; and\n- (g) the eligible project is consistent with Queensland's disability plan and the Towards Tourism 2032 collective framework; and\n- (h) the eligible project will— (i) be ready to commence within 3 months after the day the grant of assistance is given to the applicant; and (ii) be completed before 30 June 2024.\n- (i) be ready to commence within 3 months after the day the grant of assistance is given to the applicant; and\n- (ii) be completed before 30 June 2024.\n- (i) the eligible project; or\n- (ii) another eligible project; and\n- (i) be ready to commence within 3 months after the day the grant of assistance is given to the applicant; and\n- (ii) be completed before 30 June 2024.","sortOrder":785},{"sectionNumber":"sch.48-sec.10","sectionType":"section","heading":"Applications","content":"### sch.48-sec.10 Applications\n\nAn application under the scheme must—\nbe made using the authority’s electronic application process; and\nThe authority’s electronic application process can be accessed from the authority’s website.\nbe accompanied by—\na project plan for the eligible project; and\nif the cost of the eligible project or any part or stage of the eligible project is $10,000 or less—1 quote relating to the cost of the eligible project or the part or stage of the eligible project; and\nif the cost of the eligible project or any part or stage of the eligible project is more than $10,000—2 quotes relating to the cost of the eligible project or the part or stage of the eligible project; and\ninclude the other documents requested when using the electronic application process; and\nbe given to the authority on or before the closing day.\nIn this section—\nproject plan , for an eligible project, means a plan that includes—\nevidence of the proposed cost of the project; and\nthe location of the project; and\ndetails of the extent to which the project will—\nimprove access for persons with a disability to tourism experiences and events; or\nassist in employing persons with a disability.\nsch 48 s 10 ins 2023 SL No. 35 s 6\n(sch.48-sec.10-ssec.1) An application under the scheme must— be made using the authority’s electronic application process; and The authority’s electronic application process can be accessed from the authority’s website. be accompanied by— a project plan for the eligible project; and if the cost of the eligible project or any part or stage of the eligible project is $10,000 or less—1 quote relating to the cost of the eligible project or the part or stage of the eligible project; and if the cost of the eligible project or any part or stage of the eligible project is more than $10,000—2 quotes relating to the cost of the eligible project or the part or stage of the eligible project; and include the other documents requested when using the electronic application process; and be given to the authority on or before the closing day.\n(sch.48-sec.10-ssec.2) In this section— project plan , for an eligible project, means a plan that includes— evidence of the proposed cost of the project; and the location of the project; and details of the extent to which the project will— improve access for persons with a disability to tourism experiences and events; or assist in employing persons with a disability.\n- (a) be made using the authority’s electronic application process; and Note— The authority’s electronic application process can be accessed from the authority’s website.\n- (b) be accompanied by— (i) a project plan for the eligible project; and (ii) if the cost of the eligible project or any part or stage of the eligible project is $10,000 or less—1 quote relating to the cost of the eligible project or the part or stage of the eligible project; and (iii) if the cost of the eligible project or any part or stage of the eligible project is more than $10,000—2 quotes relating to the cost of the eligible project or the part or stage of the eligible project; and\n- (i) a project plan for the eligible project; and\n- (ii) if the cost of the eligible project or any part or stage of the eligible project is $10,000 or less—1 quote relating to the cost of the eligible project or the part or stage of the eligible project; and\n- (iii) if the cost of the eligible project or any part or stage of the eligible project is more than $10,000—2 quotes relating to the cost of the eligible project or the part or stage of the eligible project; and\n- (c) include the other documents requested when using the electronic application process; and\n- (d) be given to the authority on or before the closing day.\n- (i) a project plan for the eligible project; and\n- (ii) if the cost of the eligible project or any part or stage of the eligible project is $10,000 or less—1 quote relating to the cost of the eligible project or the part or stage of the eligible project; and\n- (iii) if the cost of the eligible project or any part or stage of the eligible project is more than $10,000—2 quotes relating to the cost of the eligible project or the part or stage of the eligible project; and\n- (a) evidence of the proposed cost of the project; and\n- (b) the location of the project; and\n- (c) details of the extent to which the project will— (i) improve access for persons with a disability to tourism experiences and events; or (ii) assist in employing persons with a disability.\n- (i) improve access for persons with a disability to tourism experiences and events; or\n- (ii) assist in employing persons with a disability.\n- (i) improve access for persons with a disability to tourism experiences and events; or\n- (ii) assist in employing persons with a disability.","sortOrder":786},{"sectionNumber":"sch.48-sec.11","sectionType":"section","heading":"Additional information or documents","content":"### sch.48-sec.11 Additional information or documents\n\nIf the authority asks the applicant for further information necessary to decide the application, the applicant must give the authority the information within—\na stated reasonable period; or\nif the applicant and authority agree to another period—the agreed period.\nIf the applicant does not provide the additional information in accordance with subsection (1) , the authority may refuse the application under section 15 .\nsch 48 s 11 ins 2023 SL No. 35 s 6\n(sch.48-sec.11-ssec.1) If the authority asks the applicant for further information necessary to decide the application, the applicant must give the authority the information within— a stated reasonable period; or if the applicant and authority agree to another period—the agreed period.\n(sch.48-sec.11-ssec.2) If the applicant does not provide the additional information in accordance with subsection (1) , the authority may refuse the application under section 15 .\n- (a) a stated reasonable period; or\n- (b) if the applicant and authority agree to another period—the agreed period.","sortOrder":787},{"sectionNumber":"sch.48-sec.12","sectionType":"section","heading":"Rejection of particular applications","content":"### sch.48-sec.12 Rejection of particular applications\n\nThe authority must reject an application for assistance if the main component of the financial assistance applied for is less than $5,000.\nsch 48 s 12 ins 2023 SL No. 35 s 6","sortOrder":788},{"sectionNumber":"sch.48-sec.13","sectionType":"section","heading":"Extension of closing day","content":"### sch.48-sec.13 Extension of closing day\n\nThe authority may, by notice published on the authority’s website (an extension notice ), extend the closing day of the scheme to a stated day that is not more than 6 months after 30 June 2023.\nsch 48 s 13 ins 2023 SL No. 35 s 6","sortOrder":789},{"sectionNumber":"sch.48-sec.14","sectionType":"section","heading":"Accepting late applications","content":"### sch.48-sec.14 Accepting late applications\n\nDespite section 10 (1) (d) , the authority may accept an application for assistance under the scheme that is received after the closing day.\nsch 48 s 14 ins 2023 SL No. 35 s 6","sortOrder":790},{"sectionNumber":"sch.48-sec.15","sectionType":"section","heading":"Deciding applications","content":"### sch.48-sec.15 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\nThe authority must consider applications for assistance in the order in which they are received by the authority.\nHowever, the authority may approve an application for assistance only if satisfied the applicant is eligible for the assistance under section 9 .\nThe authority must refuse to approve an application for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision stating—\nthe decision; and\nthe reasons for the decision; and\nthat the applicant may apply to the chief executive for an internal review of the decision under part 3A of the Act .\nsch 48 s 15 ins 2023 SL No. 35 s 6\n(sch.48-sec.15-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\n(sch.48-sec.15-ssec.2) The authority must consider applications for assistance in the order in which they are received by the authority.\n(sch.48-sec.15-ssec.3) However, the authority may approve an application for assistance only if satisfied the applicant is eligible for the assistance under section 9 .\n(sch.48-sec.15-ssec.4) The authority must refuse to approve an application for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.\n(sch.48-sec.15-ssec.5) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision stating— the decision; and the reasons for the decision; and that the applicant may apply to the chief executive for an internal review of the decision under part 3A of the Act .\n- (a) the decision; and\n- (b) the reasons for the decision; and\n- (c) that the applicant may apply to the chief executive for an internal review of the decision under part 3A of the Act .","sortOrder":791},{"sectionNumber":"sch.48-sec.16","sectionType":"section","heading":"Conditions of assistance","content":"### sch.48-sec.16 Conditions of assistance\n\nThis section applies if the authority grants an application for assistance under the scheme.\nThe payment of the grant is subject to the following conditions—\nthat the applicant signs a letter of offer of financial assistance (the letter of offer ) that sets out the terms on which the applicant accepts the assistance;\nthat the applicant comply with the terms of the letter of offer.\nThe authority may withhold all or part of the assistance if the applicant does not comply with the terms of the letter of offer.\nThe authority may require the return of all or part of the assistance if the applicant fails to comply with the terms of the letter of offer.\nThe authority may decide the amount to be withheld or returned under subsection (3) or (4) unless specified in the letter of offer.\nsch 48 s 16 ins 2023 SL No. 35 s 6\n(sch.48-sec.16-ssec.1) This section applies if the authority grants an application for assistance under the scheme.\n(sch.48-sec.16-ssec.2) The payment of the grant is subject to the following conditions— that the applicant signs a letter of offer of financial assistance (the letter of offer ) that sets out the terms on which the applicant accepts the assistance; that the applicant comply with the terms of the letter of offer.\n(sch.48-sec.16-ssec.3) The authority may withhold all or part of the assistance if the applicant does not comply with the terms of the letter of offer.\n(sch.48-sec.16-ssec.4) The authority may require the return of all or part of the assistance if the applicant fails to comply with the terms of the letter of offer.\n(sch.48-sec.16-ssec.5) The authority may decide the amount to be withheld or returned under subsection (3) or (4) unless specified in the letter of offer.\n- (a) that the applicant signs a letter of offer of financial assistance (the letter of offer ) that sets out the terms on which the applicant accepts the assistance;\n- (b) that the applicant comply with the terms of the letter of offer.","sortOrder":792},{"sectionNumber":"sch.49-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":793},{"sectionNumber":"sch.49-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.49-sec.1 Objective of scheme\n\nThe objective of the scheme is to encourage eligible landholders to implement carbon farming on the landholder’s land.\nsch 49 s 1 ins 2023 SL No. 48 s 3","sortOrder":794},{"sectionNumber":"sch.49-sec.2","sectionType":"section","heading":"Purpose of scheme","content":"### sch.49-sec.2 Purpose of scheme\n\nThe purpose of assistance under the scheme is to provide financial assistance to offset the cost to an eligible landholder of obtaining eligible carbon farming advice.\nsch 49 s 2 ins 2023 SL No. 48 s 3","sortOrder":795},{"sectionNumber":"sch.49-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.49-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means an entity applying for assistance under the scheme.\napplication for conditional approval means an application for conditional approval that complies with section 10 .\napproved adviser means a person who is—\napproved by the department of environment and science to give advice about the implementation of carbon farming in accordance with the person’s area of specialty; and\nlisted on the authority’s website as an approved adviser.\nconditional approval , for assistance under the scheme, means conditional approval given under section 11 .\ndepartment of environment and science means the department in which the Environmental Protection Act 1994 is administered.\neligible carbon farming advice means written advice that—\ncomplies with the requirements contained in the document called ‘Carbon Farming Advice Scheme Standards Guide’ published on the department of environment and science’s website; and\nis given by an approved adviser to an eligible landholder about the implementation of carbon farming on the landholder’s land.\neligible landholder see section 4 .\nlandholder see section 5 .\nscheme means the scheme set out in this schedule.\nsch 49 s 3 ins 2023 SL No. 48 s 3\n- (a) approved by the department of environment and science to give advice about the implementation of carbon farming in accordance with the person’s area of specialty; and\n- (b) listed on the authority’s website as an approved adviser.\n- (a) complies with the requirements contained in the document called ‘Carbon Farming Advice Scheme Standards Guide’ published on the department of environment and science’s website; and\n- (b) is given by an approved adviser to an eligible landholder about the implementation of carbon farming on the landholder’s land.","sortOrder":796},{"sectionNumber":"sch.49-sec.4","sectionType":"section","heading":"Who is an eligible landholder","content":"### sch.49-sec.4 Who is an eligible landholder\n\nAn eligible landholder is a landholder who is any of the following entities—\nan individual;\na local government;\na non-profit organisation;\na small to medium sized business.\nIn this section—\nnon-profit organisation means a charity or other non-profit entity that—\nis incorporated under a law of the Commonwealth or a State; and\nholds an Australian Business Number.\nsmall to medium sized business means a business—\nthat is carried on by a sole trader, partnership, proprietary company or trust; and\nfor which an entity holds an Australian Business Number; and\nthat is not operated by a public company within the meaning of the Corporations Act .\nsch 49 s 4 ins 2023 SL No. 48 s 3\n(sch.49-sec.4-ssec.1) An eligible landholder is a landholder who is any of the following entities— an individual; a local government; a non-profit organisation; a small to medium sized business.\n(sch.49-sec.4-ssec.2) In this section— non-profit organisation means a charity or other non-profit entity that— is incorporated under a law of the Commonwealth or a State; and holds an Australian Business Number. small to medium sized business means a business— that is carried on by a sole trader, partnership, proprietary company or trust; and for which an entity holds an Australian Business Number; and that is not operated by a public company within the meaning of the Corporations Act .\n- (a) an individual;\n- (b) a local government;\n- (c) a non-profit organisation;\n- (d) a small to medium sized business.\n- (a) is incorporated under a law of the Commonwealth or a State; and\n- (b) holds an Australian Business Number.\n- (a) that is carried on by a sole trader, partnership, proprietary company or trust; and\n- (b) for which an entity holds an Australian Business Number; and\n- (c) that is not operated by a public company within the meaning of the Corporations Act .","sortOrder":797},{"sectionNumber":"sch.49-sec.5","sectionType":"section","heading":"Who is a landholder","content":"### sch.49-sec.5 Who is a landholder\n\nA landholder is any of the following entities—\nif the land is freehold land—the registered owner of the land;\nif the land is the subject of a lease registered under the Land Title Act 1994 —the lessee of the land;\nif the land is the subject of a lease registered under the Land Act 1994 —the lessee of the land;\nif the land is a reserve—the trustee of the reserve;\nif a person has occupation rights in relation to the land under a licence or permit—the licensee or permittee.\nsch 49 s 5 ins 2023 SL No. 48 s 3\n- (a) if the land is freehold land—the registered owner of the land;\n- (b) if the land is the subject of a lease registered under the Land Title Act 1994 —the lessee of the land;\n- (c) if the land is the subject of a lease registered under the Land Act 1994 —the lessee of the land;\n- (d) if the land is a reserve—the trustee of the reserve;\n- (e) if a person has occupation rights in relation to the land under a licence or permit—the licensee or permittee.","sortOrder":798},{"sectionNumber":"sch.49-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":799},{"sectionNumber":"sch.49-sec.6","sectionType":"section","heading":"Nature and maximum amount of assistance","content":"### sch.49-sec.6 Nature and maximum amount of assistance\n\nThe nature of the assistance available to an applicant under the scheme is payment of all or part of the cost of eligible carbon farming advice received by the applicant.\nThe maximum amount of assistance available under the scheme is the cost of the applicant receiving the eligible carbon farming advice (inclusive of GST) up to a maximum of $10,000.\nsch 49 s 6 ins 2023 SL No. 48 s 3\n(sch.49-sec.6-ssec.1) The nature of the assistance available to an applicant under the scheme is payment of all or part of the cost of eligible carbon farming advice received by the applicant.\n(sch.49-sec.6-ssec.2) The maximum amount of assistance available under the scheme is the cost of the applicant receiving the eligible carbon farming advice (inclusive of GST) up to a maximum of $10,000.","sortOrder":800},{"sectionNumber":"sch.49-sec.7","sectionType":"section","heading":"Scheme to operate in rounds","content":"### sch.49-sec.7 Scheme to operate in rounds\n\nThe scheme will operate in rounds.\nA round of the scheme—\nopens on the day stated on the authority’s website as the day on which the round opens; and\ncloses on the day stated on the authority’s website as the day on which the round closes.\nsch 49 s 7 ins 2023 SL No. 48 s 3\n(sch.49-sec.7-ssec.1) The scheme will operate in rounds.\n(sch.49-sec.7-ssec.2) A round of the scheme— opens on the day stated on the authority’s website as the day on which the round opens; and closes on the day stated on the authority’s website as the day on which the round closes.\n- (a) opens on the day stated on the authority’s website as the day on which the round opens; and\n- (b) closes on the day stated on the authority’s website as the day on which the round closes.","sortOrder":801},{"sectionNumber":"sch.49-sec.8","sectionType":"section","heading":"Round to operate in stages","content":"### sch.49-sec.8 Round to operate in stages\n\nEach round of the scheme will operate in 2 stages.\nThe first stage of a round of the scheme is an application for conditional approval stage.\nThe second stage of a round of the scheme is an application for assistance stage.\nsch 49 s 8 ins 2023 SL No. 48 s 3\n(sch.49-sec.8-ssec.1) Each round of the scheme will operate in 2 stages.\n(sch.49-sec.8-ssec.2) The first stage of a round of the scheme is an application for conditional approval stage.\n(sch.49-sec.8-ssec.3) The second stage of a round of the scheme is an application for assistance stage.","sortOrder":802},{"sectionNumber":"sch.49-sec.9","sectionType":"section","heading":"Eligibility criteria—conditional approval","content":"### sch.49-sec.9 Eligibility criteria—conditional approval\n\nAn applicant is eligible for conditional approval within a round only if—\nthe applicant is an eligible landholder; and\nthe applicant has not previously—\nreceived assistance under the scheme for substantially similar eligible carbon farming advice; or\napplied for conditional approval in the round.\nsch 49 s 9 ins 2023 SL No. 48 s 3\n- (a) the applicant is an eligible landholder; and\n- (b) the applicant has not previously— (i) received assistance under the scheme for substantially similar eligible carbon farming advice; or (ii) applied for conditional approval in the round.\n- (i) received assistance under the scheme for substantially similar eligible carbon farming advice; or\n- (ii) applied for conditional approval in the round.\n- (i) received assistance under the scheme for substantially similar eligible carbon farming advice; or\n- (ii) applied for conditional approval in the round.","sortOrder":803},{"sectionNumber":"sch.49-sec.10","sectionType":"section","heading":"Applications for conditional approval","content":"### sch.49-sec.10 Applications for conditional approval\n\nAn application for conditional approval must be—\nmade in the approved form; and\naccompanied by the documents stated in the approved form; and\nfor a round of the scheme—given to the authority before—\nthe end of the day stated on the authority’s website as the day on which the round closes; and\nthe applicant applies for assistance under section 13 .\nIf the authority asks the applicant to provide further information to decide the application for conditional approval, the applicant must provide the information.\nsch 49 s 10 ins 2023 SL No. 48 s 3\n(sch.49-sec.10-ssec.1) An application for conditional approval must be— made in the approved form; and accompanied by the documents stated in the approved form; and for a round of the scheme—given to the authority before— the end of the day stated on the authority’s website as the day on which the round closes; and the applicant applies for assistance under section 13 .\n(sch.49-sec.10-ssec.2) If the authority asks the applicant to provide further information to decide the application for conditional approval, the applicant must provide the information.\n- (a) made in the approved form; and\n- (b) accompanied by the documents stated in the approved form; and\n- (c) for a round of the scheme—given to the authority before— (i) the end of the day stated on the authority’s website as the day on which the round closes; and (ii) the applicant applies for assistance under section 13 .\n- (i) the end of the day stated on the authority’s website as the day on which the round closes; and\n- (ii) the applicant applies for assistance under section 13 .\n- (i) the end of the day stated on the authority’s website as the day on which the round closes; and\n- (ii) the applicant applies for assistance under section 13 .","sortOrder":804},{"sectionNumber":"sch.49-sec.11","sectionType":"section","heading":"Deciding applications for conditional approval","content":"### sch.49-sec.11 Deciding applications for conditional approval\n\nThe authority must consider each application for conditional approval and decide to approve, or refuse to approve, the application.\nThe authority must consider applications for conditional approval in the order they are received by the authority.\nIf the authority approves an application for conditional approval, the authority must give the applicant written notice of the decision.\nThe approval is subject to a condition requiring the applicant to engage a stated approved adviser to give the applicant eligible carbon farming advice in accordance with the adviser’s area of specialty as stated on the authority’s website.\nThe authority must refuse an application for conditional approval if the authority is satisfied the approved adviser to be engaged by the applicant—\nis an employee of the applicant; or\nhas a registered interest in the land the subject of the proposed advice.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\nsch 49 s 11 ins 2023 SL No. 48 s 3\n(sch.49-sec.11-ssec.1) The authority must consider each application for conditional approval and decide to approve, or refuse to approve, the application.\n(sch.49-sec.11-ssec.2) The authority must consider applications for conditional approval in the order they are received by the authority.\n(sch.49-sec.11-ssec.3) If the authority approves an application for conditional approval, the authority must give the applicant written notice of the decision.\n(sch.49-sec.11-ssec.4) The approval is subject to a condition requiring the applicant to engage a stated approved adviser to give the applicant eligible carbon farming advice in accordance with the adviser’s area of specialty as stated on the authority’s website.\n(sch.49-sec.11-ssec.5) The authority must refuse an application for conditional approval if the authority is satisfied the approved adviser to be engaged by the applicant— is an employee of the applicant; or has a registered interest in the land the subject of the proposed advice.\n(sch.49-sec.11-ssec.6) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\n- (a) is an employee of the applicant; or\n- (b) has a registered interest in the land the subject of the proposed advice.","sortOrder":805},{"sectionNumber":"sch.49-sec.12","sectionType":"section","heading":"Eligibility criteria—assistance","content":"### sch.49-sec.12 Eligibility criteria—assistance\n\nAn applicant is eligible to receive assistance under the scheme if the authority is satisfied the applicant has received—\nconditional approval; and\neligible carbon farming advice in accordance with the conditional approval; and\na tax invoice for the eligible carbon farming advice.\nsch 49 s 12 ins 2023 SL No. 48 s 3\n- (a) conditional approval; and\n- (b) eligible carbon farming advice in accordance with the conditional approval; and\n- (c) a tax invoice for the eligible carbon farming advice.","sortOrder":806},{"sectionNumber":"sch.49-sec.13","sectionType":"section","heading":"Applications for assistance","content":"### sch.49-sec.13 Applications for assistance\n\nAn application for assistance under the scheme must be—\nmade in the approved form; and\naccompanied by—\na copy of the eligible carbon farming advice; and\na copy of the tax invoice for the eligible carbon farming advice; and\nany other documents stated in the approved form.\nIf the authority asks an applicant to provide further information to decide the application, the applicant must provide the information.\nsch 49 s 13 ins 2023 SL No. 48 s 3\n(sch.49-sec.13-ssec.1) An application for assistance under the scheme must be— made in the approved form; and accompanied by— a copy of the eligible carbon farming advice; and a copy of the tax invoice for the eligible carbon farming advice; and any other documents stated in the approved form.\n(sch.49-sec.13-ssec.2) If the authority asks an applicant to provide further information to decide the application, the applicant must provide the information.\n- (a) made in the approved form; and\n- (b) accompanied by— (i) a copy of the eligible carbon farming advice; and (ii) a copy of the tax invoice for the eligible carbon farming advice; and (iii) any other documents stated in the approved form.\n- (i) a copy of the eligible carbon farming advice; and\n- (ii) a copy of the tax invoice for the eligible carbon farming advice; and\n- (iii) any other documents stated in the approved form.\n- (i) a copy of the eligible carbon farming advice; and\n- (ii) a copy of the tax invoice for the eligible carbon farming advice; and\n- (iii) any other documents stated in the approved form.","sortOrder":807},{"sectionNumber":"sch.49-sec.14","sectionType":"section","heading":"Deciding applications for assistance","content":"### sch.49-sec.14 Deciding applications for assistance\n\nThe authority must consider each application for assistance under the scheme that complies with section 13 and decide to approve, or refuse to approve, the application.\nThe authority must consider applications for assistance in the order they are received by the authority.\nThe authority must refuse to approve an application for assistance if—\nthe authority is not satisfied the eligible carbon farming advice represents reasonable value for money; or\nthe authority’s funds for assistance for the scheme are not sufficient to pay for the assistance.\nIf the authority refuses to approve an application for assistance, the authority must give written notice of the decision to the applicant.\nThe authority may, with the agreement of the applicant, approve an amount of assistance that is less than the amount applied for.\nsch 49 s 14 ins 2023 SL No. 48 s 3\n(sch.49-sec.14-ssec.1) The authority must consider each application for assistance under the scheme that complies with section 13 and decide to approve, or refuse to approve, the application.\n(sch.49-sec.14-ssec.2) The authority must consider applications for assistance in the order they are received by the authority.\n(sch.49-sec.14-ssec.3) The authority must refuse to approve an application for assistance if— the authority is not satisfied the eligible carbon farming advice represents reasonable value for money; or the authority’s funds for assistance for the scheme are not sufficient to pay for the assistance.\n(sch.49-sec.14-ssec.4) If the authority refuses to approve an application for assistance, the authority must give written notice of the decision to the applicant.\n(sch.49-sec.14-ssec.5) The authority may, with the agreement of the applicant, approve an amount of assistance that is less than the amount applied for.\n- (a) the authority is not satisfied the eligible carbon farming advice represents reasonable value for money; or\n- (b) the authority’s funds for assistance for the scheme are not sufficient to pay for the assistance.","sortOrder":808},{"sectionNumber":"sch.49-sec.15","sectionType":"section","heading":"Payment of assistance directly to adviser","content":"### sch.49-sec.15 Payment of assistance directly to adviser\n\nThis section applies if the authority approves an application for assistance.\nThe authority must pay the amount of the assistance directly to the approved adviser who issued the tax invoice for the eligible carbon farming advice.\nsch 49 s 15 ins 2023 SL No. 48 s 3\n(sch.49-sec.15-ssec.1) This section applies if the authority approves an application for assistance.\n(sch.49-sec.15-ssec.2) The authority must pay the amount of the assistance directly to the approved adviser who issued the tax invoice for the eligible carbon farming advice.","sortOrder":809},{"sectionNumber":"sch.50-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":810},{"sectionNumber":"sch.50-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.50-sec.1 Objective of scheme\n\nThe objective of the scheme is to provide assistance, under agreements entered into from time to time between the Commonwealth and the State, to primary producers that have suffered damage as a direct result of the disaster.\nsch 50 s 1 ins 2023 SL No. 78 s 3","sortOrder":811},{"sectionNumber":"sch.50-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.50-sec.2 Purpose of assistance\n\nThe purpose of the assistance under the scheme is to help reimburse primary producers who paid for particular activities relating to livestock affected by the disaster.\nHowever, assistance under the scheme is not intended to compensate primary producers for loss of income suffered because of the disaster.\nsch 50 s 2 ins 2023 SL No. 78 s 3\n(sch.50-sec.2-ssec.1) The purpose of the assistance under the scheme is to help reimburse primary producers who paid for particular activities relating to livestock affected by the disaster.\n(sch.50-sec.2-ssec.2) However, assistance under the scheme is not intended to compensate primary producers for loss of income suffered because of the disaster.","sortOrder":812},{"sectionNumber":"sch.50-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.50-sec.3 Definitions for schedule\n\nIn this schedule—\nanimal welfare activities see section 4 .\napplicant means a person applying for assistance under the scheme.\nclosing day means the later of the following days—\n29 September 2023;\nthe day stated in an extension notice made under section 10 .\ndisaster means the disaster defined by the relevant Minister, for the purpose of activating the disaster recovery funding arrangements, as ‘Communities within Northern and Central Queensland affected by recent monsoon activity including heavy rainfall and flash flooding 20 December 2022 – 30 April 2023’.\ndisaster area , for the disaster, means the area—\ndefined by the relevant Minister for the purpose of activating the disaster recovery funding arrangements for providing assistance mentioned in the scheme for communities affected by the disaster; and\ndescribed in a document held by the authority and available for inspection by members of the public.\ndisaster 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.\nlivestock includes poultry.\nprimary producer means—\na sole trader who—\nspends the majority of their labour on a primary production enterprise; and\neither—\nderives the majority of their income from the primary production enterprise; or\nin the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise; or\na partnership, company or trust that carries on a primary production enterprise for which the partners, shareholders or beneficiaries—\nspend the majority of their labour on a primary production enterprise; and\neither—\nderive the majority of their income from the primary production enterprise; or\nin the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise.\nprimary production enterprise means a business—\nthat involves primary production, including, for example, agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing or horticultural industries; and\nfor which an entity holds an Australian Business Number.\nrelevant Minister means the Minister responsible for administering the Disaster Management Act 2003 .\nscheme means the scheme set out in this schedule.\nsch 50 s 3 ins 2023 SL No. 78 s 3\n- (a) 29 September 2023;\n- (b) the day stated in an extension notice made under section 10 .\n- (a) defined by the relevant Minister for the purpose of activating the disaster recovery funding arrangements for providing assistance mentioned in the scheme for communities affected by the disaster; and\n- (b) described in a document held by the authority and available for inspection by members of the public.\n- (a) a sole trader who— (i) spends the majority of their labour on a primary production enterprise; and (ii) either— (A) derives 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, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (i) spends the majority of their labour on a primary production enterprise; and\n- (ii) either— (A) derives 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, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (A) derives the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (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, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (i) spend the majority of their labour on a primary production enterprise; and\n- (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, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (i) spends the majority of their labour on a primary production enterprise; and\n- (ii) either— (A) derives 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, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (A) derives the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (A) derives the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise; or\n- (i) spend the majority of their labour on a primary production enterprise; and\n- (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, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (A) derive the majority of their income from the primary production enterprise; or\n- (B) in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise.\n- (a) that involves primary production, including, for example, agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing or horticultural industries; and\n- (b) for which an entity holds an Australian Business Number.","sortOrder":813},{"sectionNumber":"sch.50-sec.4","sectionType":"section","heading":"Meaning of animal welfare activity","content":"### sch.50-sec.4 Meaning of animal welfare activity\n\nEach of the following is an animal welfare activity —\npurchasing and distributing emergency fodder for livestock affected by the disaster;\nremoving and disposing of livestock that died because of, or in connection with, the disaster.\nsch 50 s 4 ins 2023 SL No. 78 s 3\n- (a) purchasing and distributing emergency fodder for livestock affected by the disaster;\n- (b) removing and disposing of livestock that died because of, or in connection with, the disaster.","sortOrder":814},{"sectionNumber":"sch.50-pt.2","sectionType":"part","heading":"General provisions of scheme","content":"# General provisions of scheme","sortOrder":815},{"sectionNumber":"sch.50-sec.5","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.50-sec.5 Nature and amount of assistance\n\nThe nature of the assistance that may be given under the scheme is a grant of financial assistance to help a primary producer pay for an animal welfare activity.\nThe grant may be for an amount up to $75,000.\nsch 50 s 5 ins 2023 SL No. 78 s 3\n(sch.50-sec.5-ssec.1) The nature of the assistance that may be given under the scheme is a grant of financial assistance to help a primary producer pay for an animal welfare activity.\n(sch.50-sec.5-ssec.2) The grant may be for an amount up to $75,000.","sortOrder":816},{"sectionNumber":"sch.50-sec.6","sectionType":"section","heading":"Eligibility criteria","content":"### sch.50-sec.6 Eligibility criteria\n\nAn applicant is eligible for assistance under the scheme if the authority is satisfied—\nthe applicant is a primary producer; and\nimmediately before the disaster, the applicant carried on a primary production enterprise in the disaster area; and\nthe applicant paid for an animal welfare activity during—\nfor an animal welfare activity mentioned in section 4 (a) —the distribution period; or\nfor an animal welfare activity mentioned in section 4 (b) —the recovery period; and\nthe applicant intends to re-establish the primary production enterprise in the disaster area; and\nthe applicant consents to the authority obtaining information or documents from an insurer about the applicant’s primary production enterprise to allow the authority to verify the applicant’s entitlements under an insurance policy taken out with the insurer.\nHowever, the applicant is not eligible for assistance under the scheme if the applicant has received other assistance to cover the same cost from—\nthe State; or\nthe Commonwealth; or\nan insurer.\nIn this section—\ndistribution period means the period—\nstarting on 1 March 2023; and\nending on 14 April 2023.\nrecovery period means the period—\nstarting on 1 March 2023; and\nending on 1 August 2023.\nsch 50 s 6 ins 2023 SL No. 78 s 3\n(sch.50-sec.6-ssec.1) An applicant is eligible for assistance under the scheme if the authority is satisfied— the applicant is a primary producer; and immediately before the disaster, the applicant carried on a primary production enterprise in the disaster area; and the applicant paid for an animal welfare activity during— for an animal welfare activity mentioned in section 4 (a) —the distribution period; or for an animal welfare activity mentioned in section 4 (b) —the recovery period; and the applicant intends to re-establish the primary production enterprise in the disaster area; and the applicant consents to the authority obtaining information or documents from an insurer about the applicant’s primary production enterprise to allow the authority to verify the applicant’s entitlements under an insurance policy taken out with the insurer.\n(sch.50-sec.6-ssec.2) However, the applicant is not eligible for assistance under the scheme if the applicant has received other assistance to cover the same cost from— the State; or the Commonwealth; or an insurer.\n(sch.50-sec.6-ssec.3) In this section— distribution period means the period— starting on 1 March 2023; and ending on 14 April 2023. recovery period means the period— starting on 1 March 2023; and ending on 1 August 2023.\n- (a) the applicant is a primary producer; and\n- (b) immediately before the disaster, the applicant carried on a primary production enterprise in the disaster area; and\n- (c) the applicant paid for an animal welfare activity during— (i) for an animal welfare activity mentioned in section 4 (a) —the distribution period; or (ii) for an animal welfare activity mentioned in section 4 (b) —the recovery period; and\n- (i) for an animal welfare activity mentioned in section 4 (a) —the distribution period; or\n- (ii) for an animal welfare activity mentioned in section 4 (b) —the recovery period; and\n- (d) the applicant intends to re-establish the primary production enterprise in the disaster area; and\n- (e) the applicant consents to the authority obtaining information or documents from an insurer about the applicant’s primary production enterprise to allow the authority to verify the applicant’s entitlements under an insurance policy taken out with the insurer.\n- (i) for an animal welfare activity mentioned in section 4 (a) —the distribution period; or\n- (ii) for an animal welfare activity mentioned in section 4 (b) —the recovery period; and\n- (a) the State; or\n- (b) the Commonwealth; or\n- (c) an insurer.\n- (a) starting on 1 March 2023; and\n- (b) ending on 14 April 2023.\n- (a) starting on 1 March 2023; and\n- (b) ending on 1 August 2023.","sortOrder":817},{"sectionNumber":"sch.50-sec.7","sectionType":"section","heading":"Financial evidence for assistance","content":"### sch.50-sec.7 Financial evidence for assistance\n\nAn applicant is eligible for assistance under the scheme only if the applicant provides evidence to the authority that all amounts claimed by the applicant under the scheme have been paid by the applicant.\nThe evidence mentioned in subsection (1) may be in the form of tax invoices, official receipts for payment or bank statements.\nIn this section—\nofficial receipt means a receipt that includes—\nthe name and address of the entity that issued the receipt; and\nif the issuing entity has an Australian Business Number—the Australian Business Number; and\na description of each item to which the receipt relates.\nsch 50 s 7 ins 2023 SL No. 78 s 3\n(sch.50-sec.7-ssec.1) An applicant is eligible for assistance under the scheme only if the applicant provides evidence to the authority that all amounts claimed by the applicant under the scheme have been paid by the applicant.\n(sch.50-sec.7-ssec.2) The evidence mentioned in subsection (1) may be in the form of tax invoices, official receipts for payment or bank statements.\n(sch.50-sec.7-ssec.3) In this section— official receipt means a receipt that includes— the name and address of the entity that issued the receipt; and if the issuing entity has an Australian Business Number—the Australian Business Number; and a description of each item to which the receipt relates.\n- (a) the name and address of the entity that issued the receipt; and\n- (b) if the issuing entity has an Australian Business Number—the Australian Business Number; and\n- (c) a description of each item to which the receipt relates.","sortOrder":818},{"sectionNumber":"sch.50-sec.8","sectionType":"section","heading":"Conditions for assistance—keeping records for audit","content":"### sch.50-sec.8 Conditions for assistance—keeping records for audit\n\nPayment of assistance to an applicant under the scheme is subject to the following conditions—\nthe applicant must keep the evidence mentioned in section 7 (1) for 1 year after the closing day for applications under the scheme;\nthe applicant must enable the authority to conduct an audit of the evidence mentioned in paragraph (a) to verify amounts given to the applicant under the scheme are used in accordance with the application for assistance.\nsch 50 s 8 ins 2023 SL No. 78 s 3\n- (a) the applicant must keep the evidence mentioned in section 7 (1) for 1 year after the closing day for applications under the scheme;\n- (b) the applicant must enable the authority to conduct an audit of the evidence mentioned in paragraph (a) to verify amounts given to the applicant under the scheme are used in accordance with the application for assistance.","sortOrder":819},{"sectionNumber":"sch.50-sec.9","sectionType":"section","heading":"Requirements for applications","content":"### sch.50-sec.9 Requirements for applications\n\nAn application for assistance under the scheme must—\nbe made using the application form approved by the authority; and\nbe accompanied by the documents stated on the application form; and\nbe given to the authority.\nAn application must be received by the authority on or before the closing day.\nIf the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\nIf the applicant does not comply with a request made by the authority under subsection (3) , the applicant’s application is taken to be withdrawn.\nsch 50 s 9 ins 2023 SL No. 78 s 3\n(sch.50-sec.9-ssec.1) An application for assistance under the scheme must— be made using the application form approved by the authority; and be accompanied by the documents stated on the application form; and be given to the authority.\n(sch.50-sec.9-ssec.2) An application must be received by the authority on or before the closing day.\n(sch.50-sec.9-ssec.3) If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\n(sch.50-sec.9-ssec.4) If the applicant does not comply with a request made by the authority under subsection (3) , the applicant’s application is taken to be withdrawn.\n- (a) be made using the application form approved by the authority; and\n- (b) be accompanied by the documents stated on the application form; and\n- (c) be given to the authority.","sortOrder":820},{"sectionNumber":"sch.50-sec.10","sectionType":"section","heading":"Extension of closing day","content":"### sch.50-sec.10 Extension of closing day\n\nThe Minister may, by notice published on the authority’s website (an extension notice ), extend the closing day to a stated day that is not more than 6 months after the commencement.\nHowever, the Minister may publish an extension notice only if the Minister is satisfied applicants need more time in which to apply for assistance under the scheme.\nThe Minister must table a copy of the extension notice in the Legislative Assembly within 14 days after the day the extension notice is made.\nsch 50 s 10 ins 2023 SL No. 78 s 3\n(sch.50-sec.10-ssec.1) The Minister may, by notice published on the authority’s website (an extension notice ), extend the closing day to a stated day that is not more than 6 months after the commencement.\n(sch.50-sec.10-ssec.2) However, the Minister may publish an extension notice only if the Minister is satisfied applicants need more time in which to apply for assistance under the scheme.\n(sch.50-sec.10-ssec.3) The Minister must table a copy of the extension notice in the Legislative Assembly within 14 days after the day the extension notice is made.","sortOrder":821},{"sectionNumber":"sch.50-sec.11","sectionType":"section","heading":"Deciding applications","content":"### sch.50-sec.11 Deciding applications\n\nThe authority must consider each application for assistance under the scheme that complies with section 9 , and decide to approve or refuse to approve, the application.\nThe authority must consider applications in the order they are received by the authority.\nThe authority must refuse to approve an application if the authority’s funds for assistance for a round of the scheme are not sufficient to pay for the assistance applied for in the application.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\nsch 50 s 11 ins 2023 SL No. 78 s 3\n(sch.50-sec.11-ssec.1) The authority must consider each application for assistance under the scheme that complies with section 9 , and decide to approve or refuse to approve, the application.\n(sch.50-sec.11-ssec.2) The authority must consider applications in the order they are received by the authority.\n(sch.50-sec.11-ssec.3) The authority must refuse to approve an application if the authority’s funds for assistance for a round of the scheme are not sufficient to pay for the assistance applied for in the application.\n(sch.50-sec.11-ssec.4) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.","sortOrder":822},{"sectionNumber":"sch.51-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":823},{"sectionNumber":"sch.51-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.51-sec.1 Objective of scheme\n\nThe objective of the scheme is to provide assistance that will—\nhelp eligible entities carry out projects that result in the trialling and adoption of digital technologies or systems in supply chains within the agribusiness sector or primary production industries in Queensland; and\nimprove the resilience of the agribusiness sector or primary production industries in Queensland by adopting digital technologies or systems that increase the ability of the sector or industries to—\nrespond to potential disruptions in supply chains within the sector or industries; or\ndeal with risks to the sector or industries related to biosecurity, climate and food safety.\nsch 51 s 1 ins 2023 SL No. 86 s 3\n- (a) help eligible entities carry out projects that result in the trialling and adoption of digital technologies or systems in supply chains within the agribusiness sector or primary production industries in Queensland; and\n- (b) improve the resilience of the agribusiness sector or primary production industries in Queensland by adopting digital technologies or systems that increase the ability of the sector or industries to— (i) respond to potential disruptions in supply chains within the sector or industries; or (ii) deal with risks to the sector or industries related to biosecurity, climate and food safety.\n- (i) respond to potential disruptions in supply chains within the sector or industries; or\n- (ii) deal with risks to the sector or industries related to biosecurity, climate and food safety.\n- (i) respond to potential disruptions in supply chains within the sector or industries; or\n- (ii) deal with risks to the sector or industries related to biosecurity, climate and food safety.","sortOrder":824},{"sectionNumber":"sch.51-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.51-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to provide grants to eligible entities to—\nhelp the entities improve the resilience of the agribusiness sector or primary production industries in Queensland; and\ncarry out projects that will produce benefits that can be shared across the agribusiness sector or a primary production industry in Queensland.\nsch 51 s 2 ins 2023 SL No. 86 s 3\n- (a) help the entities improve the resilience of the agribusiness sector or primary production industries in Queensland; and\n- (b) carry out projects that will produce benefits that can be shared across the agribusiness sector or a primary production industry in Queensland.","sortOrder":825},{"sectionNumber":"sch.51-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.51-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means an entity applying for financial assistance under the scheme.\neligible entity see section 5 .\neligible project see section 4 .\nscheme means the scheme set out in this schedule.\nsch 51 s 3 ins 2023 SL No. 86 s 3","sortOrder":826},{"sectionNumber":"sch.51-sec.4","sectionType":"section","heading":"Meaning of eligible project","content":"### sch.51-sec.4 Meaning of eligible project\n\nAn eligible project is a project the authority is satisfied—\nwill result in the trialling and adoption of digital technologies or systems that will benefit the agribusiness sector, a primary production industry or a part of a primary production industry in Queensland; and\nwill achieve the objective of the scheme; and\nwill produce benefits that can be shared across the agribusiness sector or a primary production industry in Queensland.\nsch 51 s 4 ins 2023 SL No. 86 s 3\n- (a) will result in the trialling and adoption of digital technologies or systems that will benefit the agribusiness sector, a primary production industry or a part of a primary production industry in Queensland; and\n- (b) will achieve the objective of the scheme; and\n- (c) will produce benefits that can be shared across the agribusiness sector or a primary production industry in Queensland.","sortOrder":827},{"sectionNumber":"sch.51-sec.5","sectionType":"section","heading":"Meaning of eligible entity","content":"### sch.51-sec.5 Meaning of eligible entity\n\nAn entity is an eligible entity if the entity—\nholds an Australian Business Number; and\nis registered for GST; and\nis either—\nan industry organisation; or\nan entity established to advance or promote the economic development of the agribusiness sector, a primary production industry or a part of a primary production industry in Queensland; and\nhas its headquarters in Queensland.\nHowever, an entity is not an eligible entity if the entity is—\na government entity; or\na higher education provider within the meaning of the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) .\nIn this section—\ngovernment entity means—\na government entity within the meaning of the Public Sector Act 2022 , section 276 ; or\na local government; or\na government owned corporation; or\nan Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or\nan entity that is wholly owned by an entity mentioned in any of paragraphs (a) to (d).\nindustry organisation means an entity that—\nis established to represent the agribusiness sector, a primary production industry or a part of a primary production industry in Queensland; and\nis either—\nan association incorporated under the Associations Incorporation Act 1981 ; or\na co-operative registered under the Co-operatives National Law (Queensland) .\nsch 51 s 5 ins 2023 SL No. 86 s 3\n(sch.51-sec.5-ssec.1) An entity is an eligible entity if the entity— holds an Australian Business Number; and is registered for GST; and is either— an industry organisation; or an entity established to advance or promote the economic development of the agribusiness sector, a primary production industry or a part of a primary production industry in Queensland; and has its headquarters in Queensland.\n(sch.51-sec.5-ssec.2) However, an entity is not an eligible entity if the entity is— a government entity; or a higher education provider within the meaning of the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) .\n(sch.51-sec.5-ssec.3) In this section— government entity means— a government entity within the meaning of the Public Sector Act 2022 , section 276 ; or a local government; or a government owned corporation; or an Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or an entity that is wholly owned by an entity mentioned in any of paragraphs (a) to (d). industry organisation means an entity that— is established to represent the agribusiness sector, a primary production industry or a part of a primary production industry in Queensland; and is either— an association incorporated under the Associations Incorporation Act 1981 ; or a co-operative registered under the Co-operatives National Law (Queensland) .\n- (a) holds an Australian Business Number; and\n- (b) is registered for GST; and\n- (c) is either— (i) an industry organisation; or (ii) an entity established to advance or promote the economic development of the agribusiness sector, a primary production industry or a part of a primary production industry in Queensland; and\n- (i) an industry organisation; or\n- (ii) an entity established to advance or promote the economic development of the agribusiness sector, a primary production industry or a part of a primary production industry in Queensland; and\n- (d) has its headquarters in Queensland.\n- (i) an industry organisation; or\n- (ii) an entity established to advance or promote the economic development of the agribusiness sector, a primary production industry or a part of a primary production industry in Queensland; and\n- (a) a government entity; or\n- (b) a higher education provider within the meaning of the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth) .\n- (a) a government entity within the meaning of the Public Sector Act 2022 , section 276 ; or\n- (b) a local government; or\n- (c) a government owned corporation; or\n- (d) an Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or\n- (e) an entity that is wholly owned by an entity mentioned in any of paragraphs (a) to (d).\n- (a) is established to represent the agribusiness sector, a primary production industry or a part of a primary production industry in Queensland; and\n- (b) is either— (i) an association incorporated under the Associations Incorporation Act 1981 ; or (ii) a co-operative registered under the Co-operatives National Law (Queensland) .\n- (i) an association incorporated under the Associations Incorporation Act 1981 ; or\n- (ii) a co-operative registered under the Co-operatives National Law (Queensland) .\n- (i) an association incorporated under the Associations Incorporation Act 1981 ; or\n- (ii) a co-operative registered under the Co-operatives National Law (Queensland) .","sortOrder":828},{"sectionNumber":"sch.51-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":829},{"sectionNumber":"sch.51-sec.6","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.51-sec.6 Nature and amount of assistance\n\nThe nature of assistance available under the scheme is a grant of financial assistance to an eligible entity for an eligible project.\nHowever, a grant of financial assistance is not available for any of the following costs in relation to an eligible project—\nemployee allowances, bonuses or fringe benefits;\nconference fees;\nentertainment costs;\ninventory and warehousing costs;\ncosts related to securing or managing a grant;\ncosts related to general administration or operational activities.\nThe maximum amount of the financial assistance available under a round of the scheme for an eligible entity for an eligible project is the total of—\nthe lesser of the following amounts—\n$100,000;\n50% of the total cost of the eligible project (exclusive of GST and of any costs mentioned in subsection (2) ); and\nan amount for any GST payable in relation to the granting of financial assistance under the scheme.\nsch 51 s 6 ins 2023 SL No. 86 s 3\n(sch.51-sec.6-ssec.1) The nature of assistance available under the scheme is a grant of financial assistance to an eligible entity for an eligible project.\n(sch.51-sec.6-ssec.2) However, a grant of financial assistance is not available for any of the following costs in relation to an eligible project— employee allowances, bonuses or fringe benefits; conference fees; entertainment costs; inventory and warehousing costs; costs related to securing or managing a grant; costs related to general administration or operational activities.\n(sch.51-sec.6-ssec.3) The maximum amount of the financial assistance available under a round of the scheme for an eligible entity for an eligible project is the total of— the lesser of the following amounts— $100,000; 50% of the total cost of the eligible project (exclusive of GST and of any costs mentioned in subsection (2) ); and an amount for any GST payable in relation to the granting of financial assistance under the scheme.\n- (a) employee allowances, bonuses or fringe benefits;\n- (b) conference fees;\n- (c) entertainment costs;\n- (d) inventory and warehousing costs;\n- (e) costs related to securing or managing a grant;\n- (f) costs related to general administration or operational activities.\n- (a) the lesser of the following amounts— (i) $100,000; (ii) 50% of the total cost of the eligible project (exclusive of GST and of any costs mentioned in subsection (2) ); and\n- (i) $100,000;\n- (ii) 50% of the total cost of the eligible project (exclusive of GST and of any costs mentioned in subsection (2) ); and\n- (b) an amount for any GST payable in relation to the granting of financial assistance under the scheme.\n- (i) $100,000;\n- (ii) 50% of the total cost of the eligible project (exclusive of GST and of any costs mentioned in subsection (2) ); and","sortOrder":830},{"sectionNumber":"sch.51-sec.7","sectionType":"section","heading":"Scheme to operate in rounds","content":"### sch.51-sec.7 Scheme to operate in rounds\n\nThe scheme will operate in rounds.\nEach round of the scheme—\nopens on the day stated on the authority’s website as the day on which the round opens; and\ncloses at the end of the day stated on the authority’s website as the day on which the round closes.\nsch 51 s 7 ins 2023 SL No. 86 s 3\n(sch.51-sec.7-ssec.1) The scheme will operate in rounds.\n(sch.51-sec.7-ssec.2) Each round of the scheme— opens on the day stated on the authority’s website as the day on which the round opens; and closes at the end of the day stated on the authority’s website as the day on which the round closes.\n- (a) opens on the day stated on the authority’s website as the day on which the round opens; and\n- (b) closes at the end of the day stated on the authority’s website as the day on which the round closes.","sortOrder":831},{"sectionNumber":"sch.51-sec.8","sectionType":"section","heading":"Eligibility criteria","content":"### sch.51-sec.8 Eligibility criteria\n\nFor an applicant to be eligible to receive assistance under a round of the scheme, the applicant must—\nbe an eligible entity; and\nbe applying for assistance for an eligible project; and\nif there is a previously approved eligible project for the eligible entity—have completed the previously approved eligible project; and\nnot have previously received assistance under the round of the scheme for a project; and\nnot have received other government funding for the eligible project; and\ndemonstrate to the authority’s satisfaction that—\nthe applicant has the ability to pay the remaining cost of the eligible project; and\nunder the eligible project, the applicant will own, or have a licence to use, the product or service the subject of the project in a way that will allow the applicant to share details about the operation and outcomes of the project with the authority, the department and other entities; and\nthe eligible project represents reasonable value for money.\nIn this section—\ngovernment funding means financial assistance, other than a loan, provided by the Commonwealth government, the government of a State or a local government.\npreviously approved eligible project , for an eligible entity, means—\na project for which the eligible entity received a grant of financial assistance under the program called ‘Agribusiness digital solutions grant program’ administered by the department; or\nan eligible project for which the eligible entity received a grant of financial assistance under a previous round of the scheme.\nremaining cost , of an eligible project, means the difference between—\nthe total cost of the eligible project (inclusive of GST and of any costs mentioned in section 6 (2) ); and\nthe amount worked out under section 6 (3) (a) for the eligible project.\nsch 51 s 8 ins 2023 SL No. 86 s 3\n(sch.51-sec.8-ssec.1) For an applicant to be eligible to receive assistance under a round of the scheme, the applicant must— be an eligible entity; and be applying for assistance for an eligible project; and if there is a previously approved eligible project for the eligible entity—have completed the previously approved eligible project; and not have previously received assistance under the round of the scheme for a project; and not have received other government funding for the eligible project; and demonstrate to the authority’s satisfaction that— the applicant has the ability to pay the remaining cost of the eligible project; and under the eligible project, the applicant will own, or have a licence to use, the product or service the subject of the project in a way that will allow the applicant to share details about the operation and outcomes of the project with the authority, the department and other entities; and the eligible project represents reasonable value for money.\n(sch.51-sec.8-ssec.2) In this section— government funding means financial assistance, other than a loan, provided by the Commonwealth government, the government of a State or a local government. previously approved eligible project , for an eligible entity, means— a project for which the eligible entity received a grant of financial assistance under the program called ‘Agribusiness digital solutions grant program’ administered by the department; or an eligible project for which the eligible entity received a grant of financial assistance under a previous round of the scheme. remaining cost , of an eligible project, means the difference between— the total cost of the eligible project (inclusive of GST and of any costs mentioned in section 6 (2) ); and the amount worked out under section 6 (3) (a) for the eligible project.\n- (a) be an eligible entity; and\n- (b) be applying for assistance for an eligible project; and\n- (c) if there is a previously approved eligible project for the eligible entity—have completed the previously approved eligible project; and\n- (d) not have previously received assistance under the round of the scheme for a project; and\n- (e) not have received other government funding for the eligible project; and\n- (f) demonstrate to the authority’s satisfaction that— (i) the applicant has the ability to pay the remaining cost of the eligible project; and (ii) under the eligible project, the applicant will own, or have a licence to use, the product or service the subject of the project in a way that will allow the applicant to share details about the operation and outcomes of the project with the authority, the department and other entities; and (iii) the eligible project represents reasonable value for money.\n- (i) the applicant has the ability to pay the remaining cost of the eligible project; and\n- (ii) under the eligible project, the applicant will own, or have a licence to use, the product or service the subject of the project in a way that will allow the applicant to share details about the operation and outcomes of the project with the authority, the department and other entities; and\n- (iii) the eligible project represents reasonable value for money.\n- (i) the applicant has the ability to pay the remaining cost of the eligible project; and\n- (ii) under the eligible project, the applicant will own, or have a licence to use, the product or service the subject of the project in a way that will allow the applicant to share details about the operation and outcomes of the project with the authority, the department and other entities; and\n- (iii) the eligible project represents reasonable value for money.\n- (a) a project for which the eligible entity received a grant of financial assistance under the program called ‘Agribusiness digital solutions grant program’ administered by the department; or\n- (b) an eligible project for which the eligible entity received a grant of financial assistance under a previous round of the scheme.\n- (a) the total cost of the eligible project (inclusive of GST and of any costs mentioned in section 6 (2) ); and\n- (b) the amount worked out under section 6 (3) (a) for the eligible project.","sortOrder":832},{"sectionNumber":"sch.51-sec.9","sectionType":"section","heading":"Applications","content":"### sch.51-sec.9 Applications\n\nFor each round of the scheme, an application for assistance under the scheme must—\nbe made in the approved form; and\nbe accompanied by the documents stated in the approved form; and\nbe given to the authority while the round of the scheme is open.\nIf the authority asks the applicant to give further information to decide the application, the applicant must give the authority the information.\nIn this section—\napproved form means a form approved by the authority.\nsch 51 s 9 ins 2023 SL No. 86 s 3\n(sch.51-sec.9-ssec.1) For each round of the scheme, an application for assistance under the scheme must— be made in the approved form; and be accompanied by the documents stated in the approved form; and be given to the authority while the round of the scheme is open.\n(sch.51-sec.9-ssec.2) If the authority asks the applicant to give further information to decide the application, the applicant must give the authority the information.\n(sch.51-sec.9-ssec.3) In this section— approved form means a form approved by the authority.\n- (a) be made in the approved form; and\n- (b) be accompanied by the documents stated in the approved form; and\n- (c) be given to the authority while the round of the scheme is open.","sortOrder":833},{"sectionNumber":"sch.51-sec.10","sectionType":"section","heading":"Deciding applications","content":"### sch.51-sec.10 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 9 .\nIn approving an application, the authority may, with the agreement of the applicant, approve a lesser amount of assistance than the amount applied for in the application.\nThe authority must refuse to approve an application if the authority’s assistance funds for a round of the scheme are not sufficient to pay for the assistance applied for in the application.\nThe authority may seek the advice of persons with suitable qualifications and experience to help the authority in deciding an application.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\nsch 51 s 10 ins 2023 SL No. 86 s 3\n(sch.51-sec.10-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 9 .\n(sch.51-sec.10-ssec.2) In approving an application, the authority may, with the agreement of the applicant, approve a lesser amount of assistance than the amount applied for in the application.\n(sch.51-sec.10-ssec.3) The authority must refuse to approve an application if the authority’s assistance funds for a round of the scheme are not sufficient to pay for the assistance applied for in the application.\n(sch.51-sec.10-ssec.4) The authority may seek the advice of persons with suitable qualifications and experience to help the authority in deciding an application.\n(sch.51-sec.10-ssec.5) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.","sortOrder":834},{"sectionNumber":"sch.51-sec.11","sectionType":"section","heading":"Priority of consideration for approval of applications","content":"### sch.51-sec.11 Priority of consideration for approval of applications\n\nThe authority must consider approving applications for assistance under a round of the scheme in the following decreasing order of priority—\napplications for assistance for eligible projects the authority considers will provide the greatest benefit to the agribusiness sector or primary production industries in Queensland consistent with the objective of the scheme;\napplications for assistance for eligible projects the authority considers will provide the least benefit to the agribusiness sector or primary production industries in Queensland consistent with the objective of the scheme.\nWithout limiting subsection (1) , the authority may consider the following matters in relation to prioritising an application for assistance for an eligible project—\nthe potential of the eligible project to achieve the objective of the scheme;\nthe extent to which the eligible project may create or support employment or economic growth in Queensland;\nwhether the eligible project represents reasonable value for money;\nthe viability of the eligible project.\nsch 51 s 11 ins 2023 SL No. 86 s 3\n(sch.51-sec.11-ssec.1) The authority must consider approving applications for assistance under a round of the scheme in the following decreasing order of priority— applications for assistance for eligible projects the authority considers will provide the greatest benefit to the agribusiness sector or primary production industries in Queensland consistent with the objective of the scheme; applications for assistance for eligible projects the authority considers will provide the least benefit to the agribusiness sector or primary production industries in Queensland consistent with the objective of the scheme.\n(sch.51-sec.11-ssec.2) Without limiting subsection (1) , the authority may consider the following matters in relation to prioritising an application for assistance for an eligible project— the potential of the eligible project to achieve the objective of the scheme; the extent to which the eligible project may create or support employment or economic growth in Queensland; whether the eligible project represents reasonable value for money; the viability of the eligible project.\n- (a) applications for assistance for eligible projects the authority considers will provide the greatest benefit to the agribusiness sector or primary production industries in Queensland consistent with the objective of the scheme;\n- (b) applications for assistance for eligible projects the authority considers will provide the least benefit to the agribusiness sector or primary production industries in Queensland consistent with the objective of the scheme.\n- (a) the potential of the eligible project to achieve the objective of the scheme;\n- (b) the extent to which the eligible project may create or support employment or economic growth in Queensland;\n- (c) whether the eligible project represents reasonable value for money;\n- (d) the viability of the eligible project.","sortOrder":835},{"sectionNumber":"sch.51-sec.12","sectionType":"section","heading":"Conditions of assistance","content":"### sch.51-sec.12 Conditions of assistance\n\nThe payment to an eligible entity of a grant of financial assistance under the scheme is subject to the following conditions—\nbefore receiving the assistance, the entity must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\nthe entity must comply with the terms of the agreement mentioned in paragraph (a) .\nsch 51 s 12 ins 2023 SL No. 86 s 3\n- (a) before receiving the assistance, the entity must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) the entity must comply with the terms of the agreement mentioned in paragraph (a) .","sortOrder":836},{"sectionNumber":"sch.52-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":837},{"sectionNumber":"sch.52-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.52-sec.1 Objective of scheme\n\nThe objective of the scheme is to encourage owners of eligible businesses to—\nbuy and install energy-efficient appliances at particular premises of the businesses; or\nbuy and install energy-efficient equipment at particular premises, or in appliances or other equipment at particular premises, of the businesses.\nsch 52 s 1 ins 2023 SL No. 101 s 3\n- (a) buy and install energy-efficient appliances at particular premises of the businesses; or\n- (b) buy and install energy-efficient equipment at particular premises, or in appliances or other equipment at particular premises, of the businesses.","sortOrder":838},{"sectionNumber":"sch.52-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.52-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to assist owners of eligible businesses to offset the cost of carrying out eligible activities by giving the owners a rebate of up to half the cost.\nsch 52 s 2 ins 2023 SL No. 101 s 3","sortOrder":839},{"sectionNumber":"sch.52-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.52-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means an entity applying for assistance under the scheme.\neligible activity , in relation to an eligible business, see section 4 .\neligible business see section 5 .\nenergy-efficient appliance means—\nany of the following appliances with an energy rating of at least 4 stars—\nan air conditioner;\na clothes dryer;\na clothes washer;\na computer monitor;\na dishwasher;\na hot water system;\na refrigerator or freezer;\na pool pump;\na television; or\nan appliance for chilling or freezing food or drink, other than an appliance mentioned in paragraph (a) (vii) .\nwalk-in refrigerator, refrigerated display case, refrigerated vending machine\nenergy-efficient equipment means any of the following equipment—\nan electronically-commutated fan motor;\nLED lighting;\na motion sensor, light level sensor or timer for LED lighting or a lighting appliance;\na motor classified in the IE3 or IE4 category under the IEC standard;\na variable-speed drive air compressor or chiller;\na variable-speed drive unit for a pump or fan.\nenergy rating , for an appliance, means the rating shown on the energy rating label required or permitted, under a GEMS determination, to be communicated in connection with the retail supply, or offer of retail supply, of the appliance.\nGEMS determination means a GEMS determination in force under the Greenhouse and Energy Minimum Standards Act 2012 (Cwlth) .\nIEC standard means International Electrotechnical Commission standard IEC 60034-30-1.\nLED lighting means lighting that uses light-emitting diode technology.\nowner , of an eligible business, means—\na sole trader who spends labour on, and derives income from, the business; or\nin relation to a partnership, company or trust that carries on the business—the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend labour on, and derive income from, the business.\nscheme means the scheme set out in this schedule.\nsch 52 s 3 ins 2023 SL No. 101 s 3\n- (a) any of the following appliances with an energy rating of at least 4 stars— (i) an air conditioner; (ii) a clothes dryer; (iii) a clothes washer; (iv) a computer monitor; (v) a dishwasher; (vi) a hot water system; (vii) a refrigerator or freezer; (viii) a pool pump; (ix) a television; or\n- (i) an air conditioner;\n- (ii) a clothes dryer;\n- (iii) a clothes washer;\n- (iv) a computer monitor;\n- (v) a dishwasher;\n- (vi) a hot water system;\n- (vii) a refrigerator or freezer;\n- (viii) a pool pump;\n- (ix) a television; or\n- (b) an appliance for chilling or freezing food or drink, other than an appliance mentioned in paragraph (a) (vii) . Examples— walk-in refrigerator, refrigerated display case, refrigerated vending machine\n- (i) an air conditioner;\n- (ii) a clothes dryer;\n- (iii) a clothes washer;\n- (iv) a computer monitor;\n- (v) a dishwasher;\n- (vi) a hot water system;\n- (vii) a refrigerator or freezer;\n- (viii) a pool pump;\n- (ix) a television; or\n- (a) an electronically-commutated fan motor;\n- (b) LED lighting;\n- (c) a motion sensor, light level sensor or timer for LED lighting or a lighting appliance;\n- (d) a motor classified in the IE3 or IE4 category under the IEC standard;\n- (e) a variable-speed drive air compressor or chiller;\n- (f) a variable-speed drive unit for a pump or fan.\n- (a) a sole trader who spends labour on, and derives income from, the business; or\n- (b) in relation to a partnership, company or trust that carries on the business—the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend labour on, and derive income from, the business.","sortOrder":840},{"sectionNumber":"sch.52-sec.4","sectionType":"section","heading":"Meaning of eligible activity","content":"### sch.52-sec.4 Meaning of eligible activity\n\nEach of the following is an eligible activity in relation to an eligible business—\nbuying and installing an energy-efficient appliance at 1 premises of the business in Queensland;\nbuying and installing energy-efficient equipment—\nat 1 premises of the business in Queensland; or\nin an appliance or other equipment at 1 premises of the business in Queensland.\nHowever, neither of the following is an eligible activity in relation to an eligible business—\nbuying and installing any of the following at premises of the business—\na heat pump hot water system, unless the installation is to replace an electric or gas storage hot water system;\nan electric-boosted solar hot water system, unless the installation is to replace an electric storage hot water system;\nan appliance mentioned in section 3 , definition energy-efficient appliance , paragraph (b) , unless the appliance is to be used in connection with carrying on the business;\na variable-speed drive chiller, unless the installation is to replace a fixed-drive chiller;\nbuying and installing, in an appliance or equipment at premises of the business—\na motor classified in the IE3 or IE4 category under the IEC standard, unless the installation is to replace a motor classified in the IE1 or IE2 category under the standard; or\nan electronically-commutated fan motor, unless the installation is to replace another type of fan motor.\nAlso, a purchase and installation mentioned in subsection (1) is not an eligible activity in relation to an eligible business if—\nthe installation involves work for which a licence is required under—\nthe Electrical Safety Act 2002 ; or\nthe Plumbing and Drainage Act 2018 ; or\nthe Queensland Building and Construction Commission Act 1991 ; and\nthe work is carried out by a person other than a holder of the licence.\nsch 52 s 4 ins 2023 SL No. 101 s 3\n(sch.52-sec.4-ssec.1) Each of the following is an eligible activity in relation to an eligible business— buying and installing an energy-efficient appliance at 1 premises of the business in Queensland; buying and installing energy-efficient equipment— at 1 premises of the business in Queensland; or in an appliance or other equipment at 1 premises of the business in Queensland.\n(sch.52-sec.4-ssec.2) However, neither of the following is an eligible activity in relation to an eligible business— buying and installing any of the following at premises of the business— a heat pump hot water system, unless the installation is to replace an electric or gas storage hot water system; an electric-boosted solar hot water system, unless the installation is to replace an electric storage hot water system; an appliance mentioned in section 3 , definition energy-efficient appliance , paragraph (b) , unless the appliance is to be used in connection with carrying on the business; a variable-speed drive chiller, unless the installation is to replace a fixed-drive chiller; buying and installing, in an appliance or equipment at premises of the business— a motor classified in the IE3 or IE4 category under the IEC standard, unless the installation is to replace a motor classified in the IE1 or IE2 category under the standard; or an electronically-commutated fan motor, unless the installation is to replace another type of fan motor.\n(sch.52-sec.4-ssec.3) Also, a purchase and installation mentioned in subsection (1) is not an eligible activity in relation to an eligible business if— the installation involves work for which a licence is required under— the Electrical Safety Act 2002 ; or the Plumbing and Drainage Act 2018 ; or the Queensland Building and Construction Commission Act 1991 ; and the work is carried out by a person other than a holder of the licence.\n- (a) buying and installing an energy-efficient appliance at 1 premises of the business in Queensland;\n- (b) buying and installing energy-efficient equipment— (i) at 1 premises of the business in Queensland; or (ii) in an appliance or other equipment at 1 premises of the business in Queensland.\n- (i) at 1 premises of the business in Queensland; or\n- (ii) in an appliance or other equipment at 1 premises of the business in Queensland.\n- (i) at 1 premises of the business in Queensland; or\n- (ii) in an appliance or other equipment at 1 premises of the business in Queensland.\n- (a) buying and installing any of the following at premises of the business— (i) a heat pump hot water system, unless the installation is to replace an electric or gas storage hot water system; (ii) an electric-boosted solar hot water system, unless the installation is to replace an electric storage hot water system; (iii) an appliance mentioned in section 3 , definition energy-efficient appliance , paragraph (b) , unless the appliance is to be used in connection with carrying on the business; (iv) a variable-speed drive chiller, unless the installation is to replace a fixed-drive chiller;\n- (i) a heat pump hot water system, unless the installation is to replace an electric or gas storage hot water system;\n- (ii) an electric-boosted solar hot water system, unless the installation is to replace an electric storage hot water system;\n- (iii) an appliance mentioned in section 3 , definition energy-efficient appliance , paragraph (b) , unless the appliance is to be used in connection with carrying on the business;\n- (iv) a variable-speed drive chiller, unless the installation is to replace a fixed-drive chiller;\n- (b) buying and installing, in an appliance or equipment at premises of the business— (i) a motor classified in the IE3 or IE4 category under the IEC standard, unless the installation is to replace a motor classified in the IE1 or IE2 category under the standard; or (ii) an electronically-commutated fan motor, unless the installation is to replace another type of fan motor.\n- (i) a motor classified in the IE3 or IE4 category under the IEC standard, unless the installation is to replace a motor classified in the IE1 or IE2 category under the standard; or\n- (ii) an electronically-commutated fan motor, unless the installation is to replace another type of fan motor.\n- (i) a heat pump hot water system, unless the installation is to replace an electric or gas storage hot water system;\n- (ii) an electric-boosted solar hot water system, unless the installation is to replace an electric storage hot water system;\n- (iii) an appliance mentioned in section 3 , definition energy-efficient appliance , paragraph (b) , unless the appliance is to be used in connection with carrying on the business;\n- (iv) a variable-speed drive chiller, unless the installation is to replace a fixed-drive chiller;\n- (i) a motor classified in the IE3 or IE4 category under the IEC standard, unless the installation is to replace a motor classified in the IE1 or IE2 category under the standard; or\n- (ii) an electronically-commutated fan motor, unless the installation is to replace another type of fan motor.\n- (a) the installation involves work for which a licence is required under— (i) the Electrical Safety Act 2002 ; or (ii) the Plumbing and Drainage Act 2018 ; or (iii) the Queensland Building and Construction Commission Act 1991 ; and\n- (i) the Electrical Safety Act 2002 ; or\n- (ii) the Plumbing and Drainage Act 2018 ; or\n- (iii) the Queensland Building and Construction Commission Act 1991 ; and\n- (b) the work is carried out by a person other than a holder of the licence.\n- (i) the Electrical Safety Act 2002 ; or\n- (ii) the Plumbing and Drainage Act 2018 ; or\n- (iii) the Queensland Building and Construction Commission Act 1991 ; and","sortOrder":841},{"sectionNumber":"sch.52-sec.5","sectionType":"section","heading":"Meaning of eligible business","content":"### sch.52-sec.5 Meaning of eligible business\n\nA business is an eligible business if—\nan entity holds an Australian Business Number for the business; and\nthe business—\nis registered for GST; and\nis not operated by a public company within the meaning of the Corporations Act ; and\nhas its headquarters, and operates at premises, in Queensland; and\nhas a total of at least 2, but not more than 199, full-time employees or equivalent full-time employees.\nFor subsection (1) (b) (iv) , the number of equivalent full-time employees of a business is worked out using the formula—\nwhere—\nE means the number of equivalent full-time employees of the business.\nF means the number of full-time employees of the business.\nP means the total number of hours worked each week by employees who are not full-time employees.\nIn this section—\nfull time employee , of a business, means an employee of the business who ordinarily works for at least 35 hours each week for the business.\nsch 52 s 5 ins 2023 SL No. 101 s 3\n(sch.52-sec.5-ssec.1) A business is an eligible business if— an entity holds an Australian Business Number for the business; and the business— is registered for GST; and is not operated by a public company within the meaning of the Corporations Act ; and has its headquarters, and operates at premises, in Queensland; and has a total of at least 2, but not more than 199, full-time employees or equivalent full-time employees.\n(sch.52-sec.5-ssec.2) For subsection (1) (b) (iv) , 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 who are not full-time employees.\n(sch.52-sec.5-ssec.3) In this section— full time employee , of a business, means an employee of the business who ordinarily works for at least 35 hours each week for the business.\n- (a) an entity holds an Australian Business Number for the business; and\n- (b) the business— (i) is registered for GST; and (ii) is not operated by a public company within the meaning of the Corporations Act ; and (iii) has its headquarters, and operates at premises, in Queensland; and (iv) has a total of at least 2, but not more than 199, full-time employees or equivalent full-time employees.\n- (i) is registered for GST; and\n- (ii) is not operated by a public company within the meaning of the Corporations Act ; and\n- (iii) has its headquarters, and operates at premises, in Queensland; and\n- (iv) has a total of at least 2, but not more than 199, full-time employees or equivalent full-time employees.\n- (i) is registered for GST; and\n- (ii) is not operated by a public company within the meaning of the Corporations Act ; and\n- (iii) has its headquarters, and operates at premises, in Queensland; and\n- (iv) has a total of at least 2, but not more than 199, full-time employees or equivalent full-time employees.","sortOrder":842},{"sectionNumber":"sch.52-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":843},{"sectionNumber":"sch.52-sec.6","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.52-sec.6 Nature and amount of assistance\n\nThe nature of the assistance available to an applicant under the scheme is a rebate of up to half of the cost of carrying out 1 or more eligible activities in relation to an eligible business owned by the applicant.\nThe amount of the assistance is the total of—\nthe lesser of the following amounts—\n50% of the cost of carrying out each eligible activity (exclusive of GST);\n$12,500; and\nthe amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\nsch 52 s 6 ins 2023 SL No. 101 s 3\n(sch.52-sec.6-ssec.1) The nature of the assistance available to an applicant under the scheme is a rebate of up to half of the cost of carrying out 1 or more eligible activities in relation to an eligible business owned by the applicant.\n(sch.52-sec.6-ssec.2) The amount of the assistance is the total of— the lesser of the following amounts— 50% of the cost of carrying out each eligible activity (exclusive of GST); $12,500; and the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\n- (a) the lesser of the following amounts— (i) 50% of the cost of carrying out each eligible activity (exclusive of GST); (ii) $12,500; and\n- (i) 50% of the cost of carrying out each eligible activity (exclusive of GST);\n- (ii) $12,500; and\n- (b) the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\n- (i) 50% of the cost of carrying out each eligible activity (exclusive of GST);\n- (ii) $12,500; and","sortOrder":844},{"sectionNumber":"sch.52-sec.7","sectionType":"section","heading":"Scheme to operate in rounds","content":"### sch.52-sec.7 Scheme to operate in rounds\n\nThe scheme will operate in rounds.\nEach round of the scheme—\nopens at the beginning of the day stated on the website of the department administering the Electricity Act 1994 as the day on which the round opens; and\ncloses at the end of the day stated on that website as the day on which the round closes.\nThe last round of the scheme must close on or before the end of 30 June 2025.\nsch 52 s 7 ins 2023 SL No. 101 s 3\n(sch.52-sec.7-ssec.1) The scheme will operate in rounds.\n(sch.52-sec.7-ssec.2) Each round of the scheme— opens at the beginning of the day stated on the website of the department administering the Electricity Act 1994 as the day on which the round opens; and closes at the end of the day stated on that website as the day on which the round closes.\n(sch.52-sec.7-ssec.3) The last round of the scheme must close on or before the end of 30 June 2025.\n- (a) opens at the beginning of the day stated on the website of the department administering the Electricity Act 1994 as the day on which the round opens; and\n- (b) closes at the end of the day stated on that website as the day on which the round closes.","sortOrder":845},{"sectionNumber":"sch.52-sec.8","sectionType":"section","heading":"Eligibility criteria","content":"### sch.52-sec.8 Eligibility criteria\n\nAn applicant is eligible to receive assistance under the scheme if—\nthe applicant carries out 1 or more eligible activities in relation to an eligible business owned by the applicant during the period—\nstarting when the first round of the scheme opens; and\nending when the last round of the scheme closes; and\neach of the eligible activities that is the installation of an energy-efficient appliance or energy-efficient equipment is carried out at the same premises; and\nthe total cost of carrying out the activities is at least $8,000 (exclusive of GST); and\nthe applicant pays the cost, in full, before the application is made; and\nthe applicant has not previously received assistance under the scheme; and\nthe applicant has not received other government funding in relation to the activity.\nIn this section—\nother government funding means financial assistance, other than a loan, provided by the Commonwealth government, the government of a State or a local government.\nsch 52 s 8 ins 2023 SL No. 101 s 3\n(sch.52-sec.8-ssec.1) An applicant is eligible to receive assistance under the scheme if— the applicant carries out 1 or more eligible activities in relation to an eligible business owned by the applicant during the period— starting when the first round of the scheme opens; and ending when the last round of the scheme closes; and each of the eligible activities that is the installation of an energy-efficient appliance or energy-efficient equipment is carried out at the same premises; and the total cost of carrying out the activities is at least $8,000 (exclusive of GST); and the applicant pays the cost, in full, before the application is made; and the applicant has not previously received assistance under the scheme; and the applicant has not received other government funding in relation to the activity.\n(sch.52-sec.8-ssec.2) In this section— other government funding means financial assistance, other than a loan, provided by the Commonwealth government, the government of a State or a local government.\n- (a) the applicant carries out 1 or more eligible activities in relation to an eligible business owned by the applicant during the period— (i) starting when the first round of the scheme opens; and (ii) ending when the last round of the scheme closes; and\n- (i) starting when the first round of the scheme opens; and\n- (ii) ending when the last round of the scheme closes; and\n- (b) each of the eligible activities that is the installation of an energy-efficient appliance or energy-efficient equipment is carried out at the same premises; and\n- (c) the total cost of carrying out the activities is at least $8,000 (exclusive of GST); and\n- (d) the applicant pays the cost, in full, before the application is made; and\n- (e) the applicant has not previously received assistance under the scheme; and\n- (f) the applicant has not received other government funding in relation to the activity.\n- (i) starting when the first round of the scheme opens; and\n- (ii) ending when the last round of the scheme closes; and","sortOrder":846},{"sectionNumber":"sch.52-sec.9","sectionType":"section","heading":"Condition of assistance","content":"### sch.52-sec.9 Condition of assistance\n\nPayment of assistance to an applicant under the scheme is subject to the condition stated in subsection (2) .\nThe applicant must give the authority a receipt for the cost of each eligible activity to which the application relates that includes the following—\nthe name and address of the entity that issued the receipt; and\nif the entity has an Australian Business Number—the Australian Business Number; and\nthe date the cost was incurred; and\na description of each energy-efficient appliance or item of energy-efficient equipment to which the cost relates; and\nif any of the cost relates to installing an energy-efficient appliance or energy-efficient equipment—\nthe date and location of the installation; and\nif the appliance or equipment was installed in, or to replace, another appliance or other equipment—a description of the other appliance or equipment; and\nif the installation involved work mentioned in section 4 (3) (a) —the name and licence number of the holder of the relevant licence who carried out the work.\nsch 52 s 9 ins 2023 SL No. 101 s 3\n(sch.52-sec.9-ssec.1) Payment of assistance to an applicant under the scheme is subject to the condition stated in subsection (2) .\n(sch.52-sec.9-ssec.2) The applicant must give the authority a receipt for the cost of each eligible activity to which the application relates that includes the following— the name and address of the entity that issued the receipt; and if the entity has an Australian Business Number—the Australian Business Number; and the date the cost was incurred; and a description of each energy-efficient appliance or item of energy-efficient equipment to which the cost relates; and if any of the cost relates to installing an energy-efficient appliance or energy-efficient equipment— the date and location of the installation; and if the appliance or equipment was installed in, or to replace, another appliance or other equipment—a description of the other appliance or equipment; and if the installation involved work mentioned in section 4 (3) (a) —the name and licence number of the holder of the relevant licence who carried out the work.\n- (a) the name and address of the entity that issued the receipt; and\n- (b) if the entity has an Australian Business Number—the Australian Business Number; and\n- (c) the date the cost was incurred; and\n- (d) a description of each energy-efficient appliance or item of energy-efficient equipment to which the cost relates; and\n- (e) if any of the cost relates to installing an energy-efficient appliance or energy-efficient equipment— (i) the date and location of the installation; and (ii) if the appliance or equipment was installed in, or to replace, another appliance or other equipment—a description of the other appliance or equipment; and (iii) if the installation involved work mentioned in section 4 (3) (a) —the name and licence number of the holder of the relevant licence who carried out the work.\n- (i) the date and location of the installation; and\n- (ii) if the appliance or equipment was installed in, or to replace, another appliance or other equipment—a description of the other appliance or equipment; and\n- (iii) if the installation involved work mentioned in section 4 (3) (a) —the name and licence number of the holder of the relevant licence who carried out the work.\n- (i) the date and location of the installation; and\n- (ii) if the appliance or equipment was installed in, or to replace, another appliance or other equipment—a description of the other appliance or equipment; and\n- (iii) if the installation involved work mentioned in section 4 (3) (a) —the name and licence number of the holder of the relevant licence who carried out the work.","sortOrder":847},{"sectionNumber":"sch.52-sec.10","sectionType":"section","heading":"Applications","content":"### sch.52-sec.10 Applications\n\nFor each round of the scheme, an application for assistance under the scheme must be—\nmade on the application form approved by the authority; and\naccompanied by the documents stated in the application form; and\ngiven to the authority while the round is open.\nIf the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\nsch 52 s 10 ins 2023 SL No. 101 s 3\n(sch.52-sec.10-ssec.1) For each round of the scheme, an application for assistance under the scheme must be— made on the application form approved by the authority; and accompanied by the documents stated in the application form; and given to the authority while the round is open.\n(sch.52-sec.10-ssec.2) If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\n- (a) made on the application form approved by the authority; and\n- (b) accompanied by the documents stated in the application form; and\n- (c) given to the authority while the round is open.","sortOrder":848},{"sectionNumber":"sch.52-sec.11","sectionType":"section","heading":"Deciding applications","content":"### sch.52-sec.11 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application that complies with section 10 (1) .\nFor each round of the scheme, the authority must consider applications in the order they are received by the authority.\nThe authority must refuse an application for assistance if the authority’s assistance funds for the round of the scheme in which the application is made are not sufficient to pay for the assistance.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\nsch 52 s 11 ins 2023 SL No. 101 s 3\n(sch.52-sec.11-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application that complies with section 10 (1) .\n(sch.52-sec.11-ssec.2) For each round of the scheme, the authority must consider applications in the order they are received by the authority.\n(sch.52-sec.11-ssec.3) The authority must refuse an application for assistance if the authority’s assistance funds for the round of the scheme in which the application is made are not sufficient to pay for the assistance.\n(sch.52-sec.11-ssec.4) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.","sortOrder":849},{"sectionNumber":"sch.53-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":850},{"sectionNumber":"sch.53-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.53-sec.1 Objective of scheme\n\nThe objective of the scheme is to encourage households to reduce electricity consumption, and related costs, by replacing appliances with eligible appliances.\nsch 53 s 1 ins 2023 SL No. 119 s 4","sortOrder":851},{"sectionNumber":"sch.53-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.53-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to provide a rebate to offset part of the cost to an applicant of buying an eligible appliance and, if applicable, installing it to replace another appliance at residential premises occupied by the applicant.\nsch 53 s 2 ins 2023 SL No. 119 s 4","sortOrder":852},{"sectionNumber":"sch.53-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.53-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means an individual applying for assistance under the scheme.\neligible appliance means—\nany of the following appliances with an energy rating of at least 4 stars—\na clothes washer, clothes dryer or combination clothes washer and dryer;\na dishwasher;\na refrigerator or combination refrigerator and freezer;\nan air conditioner, if—\nthe energy rating is for the air conditioner’s cooling function; and\nthe air conditioner complies with the requirements of AS/NZS 4755.1:2017 relating to air conditioners; or\na heat-pump hot water system or solar hot water system.\nenergy rating , for an appliance, means the rating shown on the energy rating label required or permitted, under a GEMS determination, to be communicated in connection with the retail supply, or offer of retail supply, of the appliance.\nGEMS determination means a GEMS determination in force under the Greenhouse and Energy Minimum Standards Act 2012 (Cwlth) .\nincome earner , for an application for assistance under the scheme, means—\nif the applicant has a spouse who occupies the residential premises to which the application relates—whomever of the applicant or the spouse had the higher taxable income for the most recent financial year; or\notherwise—the applicant.\noccupy means occupy as a principal place of residence.\nresidential premises means premises in Queensland used as a place of residence or mainly as a place of residence.\nscheme means the scheme set out in this schedule.\ntaxable income , of the income earner for an application for assistance under the scheme, means the taxable income of the earner within the meaning of the Income Tax Assessment Act 1997 (Cwlth) .\nsch 53 s 3 ins 2023 SL No. 119 s 4\n- (a) any of the following appliances with an energy rating of at least 4 stars— (i) a clothes washer, clothes dryer or combination clothes washer and dryer; (ii) a dishwasher; (iii) a refrigerator or combination refrigerator and freezer; (iv) an air conditioner, if— (A) the energy rating is for the air conditioner’s cooling function; and (B) the air conditioner complies with the requirements of AS/NZS 4755.1:2017 relating to air conditioners; or\n- (i) a clothes washer, clothes dryer or combination clothes washer and dryer;\n- (ii) a dishwasher;\n- (iii) a refrigerator or combination refrigerator and freezer;\n- (iv) an air conditioner, if— (A) the energy rating is for the air conditioner’s cooling function; and (B) the air conditioner complies with the requirements of AS/NZS 4755.1:2017 relating to air conditioners; or\n- (A) the energy rating is for the air conditioner’s cooling function; and\n- (B) the air conditioner complies with the requirements of AS/NZS 4755.1:2017 relating to air conditioners; or\n- (b) a heat-pump hot water system or solar hot water system.\n- (i) a clothes washer, clothes dryer or combination clothes washer and dryer;\n- (ii) a dishwasher;\n- (iii) a refrigerator or combination refrigerator and freezer;\n- (iv) an air conditioner, if— (A) the energy rating is for the air conditioner’s cooling function; and (B) the air conditioner complies with the requirements of AS/NZS 4755.1:2017 relating to air conditioners; or\n- (A) the energy rating is for the air conditioner’s cooling function; and\n- (B) the air conditioner complies with the requirements of AS/NZS 4755.1:2017 relating to air conditioners; or\n- (A) the energy rating is for the air conditioner’s cooling function; and\n- (B) the air conditioner complies with the requirements of AS/NZS 4755.1:2017 relating to air conditioners; or\n- (a) if the applicant has a spouse who occupies the residential premises to which the application relates—whomever of the applicant or the spouse had the higher taxable income for the most recent financial year; or\n- (b) otherwise—the applicant.","sortOrder":853},{"sectionNumber":"sch.53-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":854},{"sectionNumber":"sch.53-sec.4","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.53-sec.4 Nature and amount of assistance\n\nThe nature of the assistance available to an applicant under the scheme is a rebate for part of the cost of buying 1 eligible appliance and, if applicable, installing it to replace another appliance at residential premises occupied by the applicant.\nThe amount of the assistance is the total of—\nthe lesser of the following amounts—\nthe amount mentioned in subsection (3) for the eligible appliance;\nthe total cost incurred by the applicant for buying the appliance and, if applicable, installing it at the residential premises; and\nthe amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\nFor subsection (2) (a) (i) , the amount for the eligible appliance is—\nif the taxable income of the income earner for the application, for the most recent financial year, was $66,667 or less—\nfor a clothes washer, clothes dryer, combination clothes washer and dryer or dishwasher—$550; or\nfor a refrigerator or combination refrigerator and freezer—$600; or\nfor an air conditioner—$650; or\nfor a hot water system—$1,000; or\notherwise—\nfor a clothes washer, clothes dryer, combination clothes washer and dryer or dishwasher—$300; or\nfor a refrigerator or combination refrigerator and freezer—$350; or\nfor an air conditioner—$400; or\nfor a hot water system—$800.\nsch 53 s 4 ins 2023 SL No. 119 s 4\n(sch.53-sec.4-ssec.1) The nature of the assistance available to an applicant under the scheme is a rebate for part of the cost of buying 1 eligible appliance and, if applicable, installing it to replace another appliance at residential premises occupied by the applicant.\n(sch.53-sec.4-ssec.2) The amount of the assistance is the total of— the lesser of the following amounts— the amount mentioned in subsection (3) for the eligible appliance; the total cost incurred by the applicant for buying the appliance and, if applicable, installing it at the residential premises; and the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\n(sch.53-sec.4-ssec.3) For subsection (2) (a) (i) , the amount for the eligible appliance is— if the taxable income of the income earner for the application, for the most recent financial year, was $66,667 or less— for a clothes washer, clothes dryer, combination clothes washer and dryer or dishwasher—$550; or for a refrigerator or combination refrigerator and freezer—$600; or for an air conditioner—$650; or for a hot water system—$1,000; or otherwise— for a clothes washer, clothes dryer, combination clothes washer and dryer or dishwasher—$300; or for a refrigerator or combination refrigerator and freezer—$350; or for an air conditioner—$400; or for a hot water system—$800.\n- (a) the lesser of the following amounts— (i) the amount mentioned in subsection (3) for the eligible appliance; (ii) the total cost incurred by the applicant for buying the appliance and, if applicable, installing it at the residential premises; and\n- (i) the amount mentioned in subsection (3) for the eligible appliance;\n- (ii) the total cost incurred by the applicant for buying the appliance and, if applicable, installing it at the residential premises; and\n- (b) the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\n- (i) the amount mentioned in subsection (3) for the eligible appliance;\n- (ii) the total cost incurred by the applicant for buying the appliance and, if applicable, installing it at the residential premises; and\n- (a) if the taxable income of the income earner for the application, for the most recent financial year, was $66,667 or less— (i) for a clothes washer, clothes dryer, combination clothes washer and dryer or dishwasher—$550; or (ii) for a refrigerator or combination refrigerator and freezer—$600; or (iii) for an air conditioner—$650; or (iv) for a hot water system—$1,000; or\n- (i) for a clothes washer, clothes dryer, combination clothes washer and dryer or dishwasher—$550; or\n- (ii) for a refrigerator or combination refrigerator and freezer—$600; or\n- (iii) for an air conditioner—$650; or\n- (iv) for a hot water system—$1,000; or\n- (b) otherwise— (i) for a clothes washer, clothes dryer, combination clothes washer and dryer or dishwasher—$300; or (ii) for a refrigerator or combination refrigerator and freezer—$350; or (iii) for an air conditioner—$400; or (iv) for a hot water system—$800.\n- (i) for a clothes washer, clothes dryer, combination clothes washer and dryer or dishwasher—$300; or\n- (ii) for a refrigerator or combination refrigerator and freezer—$350; or\n- (iii) for an air conditioner—$400; or\n- (iv) for a hot water system—$800.\n- (i) for a clothes washer, clothes dryer, combination clothes washer and dryer or dishwasher—$550; or\n- (ii) for a refrigerator or combination refrigerator and freezer—$600; or\n- (iii) for an air conditioner—$650; or\n- (iv) for a hot water system—$1,000; or\n- (i) for a clothes washer, clothes dryer, combination clothes washer and dryer or dishwasher—$300; or\n- (ii) for a refrigerator or combination refrigerator and freezer—$350; or\n- (iii) for an air conditioner—$400; or\n- (iv) for a hot water system—$800.","sortOrder":855},{"sectionNumber":"sch.53-sec.5","sectionType":"section","heading":"Operation of scheme","content":"### sch.53-sec.5 Operation of scheme\n\nThe scheme—\nopens on the day stated on the website of the department administering the Electricity Act 1994 as the day the scheme opens; and\ncloses on the earliest of the following days—\nthe day stated on the website as the day the scheme closes;\nthe day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme;\n30 June 2025.\nsch 53 s 5 ins 2023 SL No. 119 s 4\n- (a) opens on the day stated on the website of the department administering the Electricity Act 1994 as the day the scheme opens; and\n- (b) closes on the earliest of the following days— (i) the day stated on the website as the day the scheme closes; (ii) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme; (iii) 30 June 2025.\n- (i) the day stated on the website as the day the scheme closes;\n- (ii) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme;\n- (iii) 30 June 2025.\n- (i) the day stated on the website as the day the scheme closes;\n- (ii) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme;\n- (iii) 30 June 2025.","sortOrder":856},{"sectionNumber":"sch.53-sec.6","sectionType":"section","heading":"Eligibility criteria","content":"### sch.53-sec.6 Eligibility criteria\n\nAn applicant is eligible to receive assistance under the scheme if—\nthe applicant is an adult; and\nthe authority is satisfied the applicant occupies the residential premises to which the application relates; and\nthe applicant bought, and installed at the premises, the eligible appliance to which the application relates—\nwhile the scheme is open; and\nwhile the applicant occupied the premises; and\nwithin 30 days before making the application; and\nthe authority is satisfied the eligible appliance was installed to replace another appliance; and\nif the installation involved work for which a licence is required under the Electrical Safety Act 2002 , the Plumbing and Drainage Act 2018 or the Queensland Building and Construction Commission Act 1991 —the work was carried out by a holder of the licence; and\nthe authority has not previously approved assistance under the scheme—\nfor the applicant; or\nfor any spouse of the applicant who occupied the premises when the assistance was approved; or\nin relation to an eligible appliance installed at the premises while the applicant, or any spouse of the applicant, occupied the premises; and\nno other government funding has been given—\nto the applicant, in relation to an eligible appliance; or\nto any spouse of the applicant, in relation to an eligible appliance installed at the premises while the spouse occupied the premises; or\nin relation to an eligible appliance installed at the premises while the applicant, or any spouse of the applicant, occupied the premises.\nIn this section—\nother government funding means financial assistance, other than a loan, provided by—\nthe Commonwealth government, unless the assistance was given in relation to buying and installing a heat-pump hot water system or solar hot water system under the scheme known as the Small-scale Renewable Energy Scheme; or\nthe government of a State or a local government.\nsch 53 s 6 ins 2023 SL No. 119 s 4\n(sch.53-sec.6-ssec.1) An applicant is eligible to receive assistance under the scheme if— the applicant is an adult; and the authority is satisfied the applicant occupies the residential premises to which the application relates; and the applicant bought, and installed at the premises, the eligible appliance to which the application relates— while the scheme is open; and while the applicant occupied the premises; and within 30 days before making the application; and the authority is satisfied the eligible appliance was installed to replace another appliance; and if the installation involved work for which a licence is required under the Electrical Safety Act 2002 , the Plumbing and Drainage Act 2018 or the Queensland Building and Construction Commission Act 1991 —the work was carried out by a holder of the licence; and the authority has not previously approved assistance under the scheme— for the applicant; or for any spouse of the applicant who occupied the premises when the assistance was approved; or in relation to an eligible appliance installed at the premises while the applicant, or any spouse of the applicant, occupied the premises; and no other government funding has been given— to the applicant, in relation to an eligible appliance; or to any spouse of the applicant, in relation to an eligible appliance installed at the premises while the spouse occupied the premises; or in relation to an eligible appliance installed at the premises while the applicant, or any spouse of the applicant, occupied the premises.\n(sch.53-sec.6-ssec.2) In this section— other government funding means financial assistance, other than a loan, provided by— the Commonwealth government, unless the assistance was given in relation to buying and installing a heat-pump hot water system or solar hot water system under the scheme known as the Small-scale Renewable Energy Scheme; or the government of a State or a local government.\n- (a) the applicant is an adult; and\n- (b) the authority is satisfied the applicant occupies the residential premises to which the application relates; and\n- (c) the applicant bought, and installed at the premises, the eligible appliance to which the application relates— (i) while the scheme is open; and (ii) while the applicant occupied the premises; and (iii) within 30 days before making the application; and\n- (i) while the scheme is open; and\n- (ii) while the applicant occupied the premises; and\n- (iii) within 30 days before making the application; and\n- (d) the authority is satisfied the eligible appliance was installed to replace another appliance; and\n- (e) if the installation involved work for which a licence is required under the Electrical Safety Act 2002 , the Plumbing and Drainage Act 2018 or the Queensland Building and Construction Commission Act 1991 —the work was carried out by a holder of the licence; and\n- (f) the authority has not previously approved assistance under the scheme— (i) for the applicant; or (ii) for any spouse of the applicant who occupied the premises when the assistance was approved; or (ii) in relation to an eligible appliance installed at the premises while the applicant, or any spouse of the applicant, occupied the premises; and\n- (i) for the applicant; or\n- (ii) for any spouse of the applicant who occupied the premises when the assistance was approved; or\n- (ii) in relation to an eligible appliance installed at the premises while the applicant, or any spouse of the applicant, occupied the premises; and\n- (g) no other government funding has been given— (i) to the applicant, in relation to an eligible appliance; or (ii) to any spouse of the applicant, in relation to an eligible appliance installed at the premises while the spouse occupied the premises; or (ii) in relation to an eligible appliance installed at the premises while the applicant, or any spouse of the applicant, occupied the premises.\n- (i) to the applicant, in relation to an eligible appliance; or\n- (ii) to any spouse of the applicant, in relation to an eligible appliance installed at the premises while the spouse occupied the premises; or\n- (ii) in relation to an eligible appliance installed at the premises while the applicant, or any spouse of the applicant, occupied the premises.\n- (i) while the scheme is open; and\n- (ii) while the applicant occupied the premises; and\n- (iii) within 30 days before making the application; and\n- (i) for the applicant; or\n- (ii) for any spouse of the applicant who occupied the premises when the assistance was approved; or\n- (ii) in relation to an eligible appliance installed at the premises while the applicant, or any spouse of the applicant, occupied the premises; and\n- (i) to the applicant, in relation to an eligible appliance; or\n- (ii) to any spouse of the applicant, in relation to an eligible appliance installed at the premises while the spouse occupied the premises; or\n- (ii) in relation to an eligible appliance installed at the premises while the applicant, or any spouse of the applicant, occupied the premises.\n- (a) the Commonwealth government, unless the assistance was given in relation to buying and installing a heat-pump hot water system or solar hot water system under the scheme known as the Small-scale Renewable Energy Scheme; or\n- (b) the government of a State or a local government.","sortOrder":857},{"sectionNumber":"sch.53-sec.7","sectionType":"section","heading":"Condition of assistance","content":"### sch.53-sec.7 Condition of assistance\n\nPayment of assistance to an applicant under the scheme is subject to the condition stated in subsection (2) .\nThe applicant must give the authority a receipt for the cost of—\nbuying the eligible appliance to which the application relates; and\nif section 6 (1) (e) applies in relation to the installation of the appliance—the installation.\nThe receipt must include the following—\nthe name and address of the entity that issued the receipt;\nif the entity has an Australian Company Number or an Australian Business Number—\nthe number; or\nif the entity has both numbers—either number;\nthe date the cost was incurred;\na description of the eligible appliance;\nfor a receipt required to be given to the authority under subsection (2) (b) —\nconfirmation the installation was carried out at the residential premises to which the application relates; and\nthe date of the installation; and\na description of the work involved in the installation; and\nthe name and licence number of the holder of the relevant licence who carried out the work.\nsch 53 s 7 ins 2023 SL No. 119 s 4\n(sch.53-sec.7-ssec.1) Payment of assistance to an applicant under the scheme is subject to the condition stated in subsection (2) .\n(sch.53-sec.7-ssec.2) The applicant must give the authority a receipt for the cost of— buying the eligible appliance to which the application relates; and if section 6 (1) (e) applies in relation to the installation of the appliance—the installation.\n(sch.53-sec.7-ssec.3) The receipt must include the following— the name and address of the entity that issued the receipt; if the entity has an Australian Company Number or an Australian Business Number— the number; or if the entity has both numbers—either number; the date the cost was incurred; a description of the eligible appliance; for a receipt required to be given to the authority under subsection (2) (b) — confirmation the installation was carried out at the residential premises to which the application relates; and the date of the installation; and a description of the work involved in the installation; and the name and licence number of the holder of the relevant licence who carried out the work.\n- (a) buying the eligible appliance to which the application relates; and\n- (b) if section 6 (1) (e) applies in relation to the installation of the appliance—the installation.\n- (a) the name and address of the entity that issued the receipt;\n- (b) if the entity has an Australian Company Number or an Australian Business Number— (i) the number; or (ii) if the entity has both numbers—either number;\n- (i) the number; or\n- (ii) if the entity has both numbers—either number;\n- (c) the date the cost was incurred;\n- (d) a description of the eligible appliance;\n- (e) for a receipt required to be given to the authority under subsection (2) (b) — (i) confirmation the installation was carried out at the residential premises to which the application relates; and (ii) the date of the installation; and (iii) a description of the work involved in the installation; and (iv) the name and licence number of the holder of the relevant licence who carried out the work.\n- (i) confirmation the installation was carried out at the residential premises to which the application relates; and\n- (ii) the date of the installation; and\n- (iii) a description of the work involved in the installation; and\n- (iv) the name and licence number of the holder of the relevant licence who carried out the work.\n- (i) the number; or\n- (ii) if the entity has both numbers—either number;\n- (i) confirmation the installation was carried out at the residential premises to which the application relates; and\n- (ii) the date of the installation; and\n- (iii) a description of the work involved in the installation; and\n- (iv) the name and licence number of the holder of the relevant licence who carried out the work.","sortOrder":858},{"sectionNumber":"sch.53-sec.8","sectionType":"section","heading":"Applications","content":"### sch.53-sec.8 Applications\n\nAn application for assistance under the scheme must be—\nmade in relation to not more than 1 eligible appliance installed at residential premises; and\nmade on the application form approved by the authority; and\naccompanied by the following documents—\nthe documents stated in the application form;\ndocumentary evidence showing that the applicant occupies the premises;\ncopy of driver licence, copy of council rates notice, copy of tenancy agreement\nif section 4 (3) (a) applies for working out the amount of assistance applied for—\na declaration by the applicant stating the name of the income earner for the application; and\ndocumentary evidence, to the satisfaction of the authority, of the taxable income of the income earner for the most recent financial year;\nif section 6 (1) (e) does not apply in relation to the installation of the eligible appliance—a declaration by the applicant that the eligible appliance was purchased and, if applicable, installed, to replace another appliance in the premises.\nIf the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\nsch 53 s 8 ins 2023 SL No. 119 s 4\n(sch.53-sec.8-ssec.1) An application for assistance under the scheme must be— made in relation to not more than 1 eligible appliance installed at residential premises; and made on the application form approved by the authority; and accompanied by the following documents— the documents stated in the application form; documentary evidence showing that the applicant occupies the premises; copy of driver licence, copy of council rates notice, copy of tenancy agreement if section 4 (3) (a) applies for working out the amount of assistance applied for— a declaration by the applicant stating the name of the income earner for the application; and documentary evidence, to the satisfaction of the authority, of the taxable income of the income earner for the most recent financial year; if section 6 (1) (e) does not apply in relation to the installation of the eligible appliance—a declaration by the applicant that the eligible appliance was purchased and, if applicable, installed, to replace another appliance in the premises.\n(sch.53-sec.8-ssec.2) If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\n- (a) made in relation to not more than 1 eligible appliance installed at residential premises; and\n- (b) made on the application form approved by the authority; and\n- (c) accompanied by the following documents— (i) the documents stated in the application form; (ii) documentary evidence showing that the applicant occupies the premises; Examples of documentary evidence— copy of driver licence, copy of council rates notice, copy of tenancy agreement (iii) if section 4 (3) (a) applies for working out the amount of assistance applied for— (A) a declaration by the applicant stating the name of the income earner for the application; and (B) documentary evidence, to the satisfaction of the authority, of the taxable income of the income earner for the most recent financial year; (iv) if section 6 (1) (e) does not apply in relation to the installation of the eligible appliance—a declaration by the applicant that the eligible appliance was purchased and, if applicable, installed, to replace another appliance in the premises.\n- (i) the documents stated in the application form;\n- (ii) documentary evidence showing that the applicant occupies the premises; Examples of documentary evidence— copy of driver licence, copy of council rates notice, copy of tenancy agreement\n- (iii) if section 4 (3) (a) applies for working out the amount of assistance applied for— (A) a declaration by the applicant stating the name of the income earner for the application; and (B) documentary evidence, to the satisfaction of the authority, of the taxable income of the income earner for the most recent financial year;\n- (A) a declaration by the applicant stating the name of the income earner for the application; and\n- (B) documentary evidence, to the satisfaction of the authority, of the taxable income of the income earner for the most recent financial year;\n- (iv) if section 6 (1) (e) does not apply in relation to the installation of the eligible appliance—a declaration by the applicant that the eligible appliance was purchased and, if applicable, installed, to replace another appliance in the premises.\n- (i) the documents stated in the application form;\n- (ii) documentary evidence showing that the applicant occupies the premises; Examples of documentary evidence— copy of driver licence, copy of council rates notice, copy of tenancy agreement\n- (iii) if section 4 (3) (a) applies for working out the amount of assistance applied for— (A) a declaration by the applicant stating the name of the income earner for the application; and (B) documentary evidence, to the satisfaction of the authority, of the taxable income of the income earner for the most recent financial year;\n- (A) a declaration by the applicant stating the name of the income earner for the application; and\n- (B) documentary evidence, to the satisfaction of the authority, of the taxable income of the income earner for the most recent financial year;\n- (iv) if section 6 (1) (e) does not apply in relation to the installation of the eligible appliance—a declaration by the applicant that the eligible appliance was purchased and, if applicable, installed, to replace another appliance in the premises.\n- (A) a declaration by the applicant stating the name of the income earner for the application; and\n- (B) documentary evidence, to the satisfaction of the authority, of the taxable income of the income earner for the most recent financial year;","sortOrder":859},{"sectionNumber":"sch.53-sec.9","sectionType":"section","heading":"Deciding applications","content":"### sch.53-sec.9 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance that complies with section 8 (1) .\nThe authority must consider applications in the order they are received by the authority.\nThe authority must refuse an application if the authority’s assistance funds for the assistance applied for are not sufficient to pay for the assistance.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\nsch 53 s 9 ins 2023 SL No. 119 s 4\n(sch.53-sec.9-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance that complies with section 8 (1) .\n(sch.53-sec.9-ssec.2) The authority must consider applications in the order they are received by the authority.\n(sch.53-sec.9-ssec.3) The authority must refuse an application if the authority’s assistance funds for the assistance applied for are not sufficient to pay for the assistance.\n(sch.53-sec.9-ssec.4) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.","sortOrder":860},{"sectionNumber":"sch.54-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":861},{"sectionNumber":"sch.54-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.54-sec.1 Objective of scheme\n\nThe objective of the scheme is to assist primary producers carrying on primary production enterprises in particular areas to obtain eligible professional advice to improve the resilience to flooding and high rainfall of the primary production enterprises.\nsch 54 s 1 ins 2023 SL No. 160 s 3","sortOrder":862},{"sectionNumber":"sch.54-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.54-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to provide grants of financial assistance to primary producers carrying on primary production enterprises in particular areas to offset all or part of the cost of obtaining eligible professional advice.\nsch 54 s 2 ins 2023 SL No. 160 s 3","sortOrder":863},{"sectionNumber":"sch.54-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.54-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means an entity applying for financial assistance under the scheme.\ndefined disaster area see section 4 .\neligible professional advice see section 5 .\nflood management plan , for a primary production enterprise, see section 6 .\nprimary producer means—\na sole trader who spends the majority of their labour on, and derives the majority of their income from, a primary production enterprise; or\na partnership, company or trust that carries on a primary production enterprise, for which the partners, shareholders or beneficiaries spend the majority of their labour on, and derive the majority of their income from, the primary production enterprise.\nprimary production enterprise means a business—\nthat involves primary production, including, for example, agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and\nfor which an entity holds an Australian Business Number.\nscheme means the scheme set out in this schedule.\nsuitably qualified professional adviser means a person who—\nis an owner or employee of a business—\nthat provides professional advice or services of a type relevant to improving the resilience to flooding and high rainfall of primary production enterprises; and\nfor which an entity holds an Australian Business Number; and\nhas the relevant qualifications and experience to provide the advice or service.\naccountant, agronomist, farm irrigation consultant, financial planner, geographic information system technician, soil scientist\nsch 54 s 3 ins 2023 SL No. 160 s 3\n- (a) a sole trader who spends the majority of their labour on, and derives the majority of their income from, a primary production enterprise; or\n- (b) a partnership, company or trust that carries on a primary production enterprise, for which the partners, shareholders or beneficiaries spend the majority of their labour on, and derive the majority of their income from, the primary production enterprise.\n- (a) that involves primary production, including, for example, agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and\n- (b) for which an entity holds an Australian Business Number.\n- (a) is an owner or employee of a business— (i) that provides professional advice or services of a type relevant to improving the resilience to flooding and high rainfall of primary production enterprises; and (ii) for which an entity holds an Australian Business Number; and\n- (i) that provides professional advice or services of a type relevant to improving the resilience to flooding and high rainfall of primary production enterprises; and\n- (ii) for which an entity holds an Australian Business Number; and\n- (b) has the relevant qualifications and experience to provide the advice or service. Examples of a suitably qualified professional adviser— accountant, agronomist, farm irrigation consultant, financial planner, geographic information system technician, soil scientist\n- (i) that provides professional advice or services of a type relevant to improving the resilience to flooding and high rainfall of primary production enterprises; and\n- (ii) for which an entity holds an Australian Business Number; and","sortOrder":864},{"sectionNumber":"sch.54-sec.4","sectionType":"section","heading":"Meaning of defined disaster area","content":"### sch.54-sec.4 Meaning of defined disaster area\n\nA defined disaster area is a local government area identified in a disaster activation document as—\na DRFA Activated Area; and\nan area eligible for DRFA assistance measure ‘Disaster Assistance (Primary Producers) Loans’.\nEach of the following documents published on the Queensland Reconstruction Authority’s website is a disaster activation document —\nDisaster Recovery Funding Arrangements event: Central, Southern and Western Queensland Rainfall and Flooding, 10 November - 3 December 2021;\nDisaster Recovery Funding Arrangements event: Ex-Tropical Cyclone Seth, 29 December 2021 - 10 January 2022;\nDisaster Recovery Funding Arrangements event: South East Queensland Rainfall and Flooding, 22 February - 5 April 2022;\nDisaster Recovery Funding Arrangements event: Southern Queensland Flooding, 06 - 20 May 2022.\nsch 54 s 4 ins 2023 SL No. 160 s 3\n(sch.54-sec.4-ssec.1) A defined disaster area is a local government area identified in a disaster activation document as— a DRFA Activated Area; and an area eligible for DRFA assistance measure ‘Disaster Assistance (Primary Producers) Loans’.\n(sch.54-sec.4-ssec.2) Each of the following documents published on the Queensland Reconstruction Authority’s website is a disaster activation document — Disaster Recovery Funding Arrangements event: Central, Southern and Western Queensland Rainfall and Flooding, 10 November - 3 December 2021; Disaster Recovery Funding Arrangements event: Ex-Tropical Cyclone Seth, 29 December 2021 - 10 January 2022; Disaster Recovery Funding Arrangements event: South East Queensland Rainfall and Flooding, 22 February - 5 April 2022; Disaster Recovery Funding Arrangements event: Southern Queensland Flooding, 06 - 20 May 2022.\n- (a) a DRFA Activated Area; and\n- (b) an area eligible for DRFA assistance measure ‘Disaster Assistance (Primary Producers) Loans’.\n- (a) Disaster Recovery Funding Arrangements event: Central, Southern and Western Queensland Rainfall and Flooding, 10 November - 3 December 2021;\n- (b) Disaster Recovery Funding Arrangements event: Ex-Tropical Cyclone Seth, 29 December 2021 - 10 January 2022;\n- (c) Disaster Recovery Funding Arrangements event: South East Queensland Rainfall and Flooding, 22 February - 5 April 2022;\n- (d) Disaster Recovery Funding Arrangements event: Southern Queensland Flooding, 06 - 20 May 2022.","sortOrder":865},{"sectionNumber":"sch.54-sec.5","sectionType":"section","heading":"Meaning of eligible professional advice","content":"### sch.54-sec.5 Meaning of eligible professional advice\n\nEligible professional advice , for a primary production enterprise, is advice or a service provided by a suitably qualified professional adviser about improving the resilience to flooding and high rainfall of the primary production enterprise.\naccountancy advice, agronomic advice, financial planning, flood mapping, geotechnical surveying, soil mapping and assessment\nHowever, eligible professional advice does not include a service provided in relation to implementing actions detailed in a flood management plan that an applicant may take to manage risks to a primary production enterprise.\nsch 54 s 5 ins 2023 SL No. 160 s 3\n(sch.54-sec.5-ssec.1) Eligible professional advice , for a primary production enterprise, is advice or a service provided by a suitably qualified professional adviser about improving the resilience to flooding and high rainfall of the primary production enterprise. accountancy advice, agronomic advice, financial planning, flood mapping, geotechnical surveying, soil mapping and assessment\n(sch.54-sec.5-ssec.2) However, eligible professional advice does not include a service provided in relation to implementing actions detailed in a flood management plan that an applicant may take to manage risks to a primary production enterprise.","sortOrder":866},{"sectionNumber":"sch.54-sec.6","sectionType":"section","heading":"Meaning of flood management plan","content":"### sch.54-sec.6 Meaning of flood management plan\n\nA flood management plan , for a primary production enterprise, is a plan that the authority is satisfied—\nhas been prepared in accordance with eligible professional advice for the primary production enterprise; and\naddresses risks to the primary production enterprise from flooding and high rainfall; and\ndetails the actions the applicant may take to manage the risks to the primary production enterprise to improve the resilience of the primary production enterprise.\nsch 54 s 6 ins 2023 SL No. 160 s 3\n- (a) has been prepared in accordance with eligible professional advice for the primary production enterprise; and\n- (b) addresses risks to the primary production enterprise from flooding and high rainfall; and\n- (c) details the actions the applicant may take to manage the risks to the primary production enterprise to improve the resilience of the primary production enterprise.","sortOrder":867},{"sectionNumber":"sch.54-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":868},{"sectionNumber":"sch.54-sec.7","sectionType":"section","heading":"Nature and maximum amount of assistance","content":"### sch.54-sec.7 Nature and maximum amount of assistance\n\nThe nature of the assistance available to an applicant under the scheme is a grant of financial assistance to offset all or part of the cost to the applicant of obtaining eligible professional advice for a primary production enterprise.\nThe amount of assistance available under the scheme is the cost to the applicant of obtaining the eligible professional advice for the primary production enterprise (exclusive of GST) up to a maximum of $7,500.\nAn applicant may make more than 1 application for assistance under the scheme.\nHowever, the maximum amount of assistance available under the scheme to an applicant is the amount of assistance mentioned in subsection (2) .\nsch 54 s 7 ins 2023 SL No. 160 s 3\n(sch.54-sec.7-ssec.1) The nature of the assistance available to an applicant under the scheme is a grant of financial assistance to offset all or part of the cost to the applicant of obtaining eligible professional advice for a primary production enterprise.\n(sch.54-sec.7-ssec.2) The amount of assistance available under the scheme is the cost to the applicant of obtaining the eligible professional advice for the primary production enterprise (exclusive of GST) up to a maximum of $7,500.\n(sch.54-sec.7-ssec.3) An applicant may make more than 1 application for assistance under the scheme.\n(sch.54-sec.7-ssec.4) However, the maximum amount of assistance available under the scheme to an applicant is the amount of assistance mentioned in subsection (2) .","sortOrder":869},{"sectionNumber":"sch.54-sec.8","sectionType":"section","heading":"Eligibility criteria","content":"### sch.54-sec.8 Eligibility criteria\n\nAn applicant is eligible to receive assistance under the scheme if the authority is satisfied—\nthe applicant is a primary producer carrying on a primary production enterprise in a defined disaster area; and\nthe applicant obtained eligible professional advice for the primary production enterprise on or after 18 May 2022; and\nthe suitably qualified professional adviser who provided the eligible professional advice is not an employee of, or engaged as a contractor by, an entity owned wholly or partly by the applicant; and\nthe applicant has paid for the eligible professional advice; and\na flood management plan has been prepared for the primary production enterprise; and\nan industry recovery and resilience officer has confirmed in writing that the officer considers the eligible professional advice for the primary production enterprise and the flood management plan will improve the resilience to flooding and high rainfall of the primary production enterprise.\nHowever, the applicant is not eligible for assistance under the scheme if the applicant has received other assistance from the State or the Commonwealth to offset all or part of the cost to the applicant of obtaining the eligible professional advice for the primary production enterprise.\nIn this section—\nBurnett Mary Regional Group means Burnett Mary Regional Group for Natural Resource Management Ltd ACN 144 005 229.\nindustry recovery and resilience officer means a person who is employed or otherwise engaged by the Queensland Farmers’ Federation or the Burnett Mary Regional Group as an industry recovery and resilience officer.\nQueensland Farmers’ Federation means Queensland Farmers’ Federation Ltd ACN 055 764 488.\nsch 54 s 8 ins 2023 SL No. 160 s 3\n(sch.54-sec.8-ssec.1) An applicant is eligible to receive assistance under the scheme if the authority is satisfied— the applicant is a primary producer carrying on a primary production enterprise in a defined disaster area; and the applicant obtained eligible professional advice for the primary production enterprise on or after 18 May 2022; and the suitably qualified professional adviser who provided the eligible professional advice is not an employee of, or engaged as a contractor by, an entity owned wholly or partly by the applicant; and the applicant has paid for the eligible professional advice; and a flood management plan has been prepared for the primary production enterprise; and an industry recovery and resilience officer has confirmed in writing that the officer considers the eligible professional advice for the primary production enterprise and the flood management plan will improve the resilience to flooding and high rainfall of the primary production enterprise.\n(sch.54-sec.8-ssec.2) However, the applicant is not eligible for assistance under the scheme if the applicant has received other assistance from the State or the Commonwealth to offset all or part of the cost to the applicant of obtaining the eligible professional advice for the primary production enterprise.\n(sch.54-sec.8-ssec.3) In this section— Burnett Mary Regional Group means Burnett Mary Regional Group for Natural Resource Management Ltd ACN 144 005 229. industry recovery and resilience officer means a person who is employed or otherwise engaged by the Queensland Farmers’ Federation or the Burnett Mary Regional Group as an industry recovery and resilience officer. Queensland Farmers’ Federation means Queensland Farmers’ Federation Ltd ACN 055 764 488.\n- (a) the applicant is a primary producer carrying on a primary production enterprise in a defined disaster area; and\n- (b) the applicant obtained eligible professional advice for the primary production enterprise on or after 18 May 2022; and\n- (c) the suitably qualified professional adviser who provided the eligible professional advice is not an employee of, or engaged as a contractor by, an entity owned wholly or partly by the applicant; and\n- (d) the applicant has paid for the eligible professional advice; and\n- (e) a flood management plan has been prepared for the primary production enterprise; and\n- (f) an industry recovery and resilience officer has confirmed in writing that the officer considers the eligible professional advice for the primary production enterprise and the flood management plan will improve the resilience to flooding and high rainfall of the primary production enterprise.","sortOrder":870},{"sectionNumber":"sch.54-sec.9","sectionType":"section","heading":"Operation of scheme","content":"### sch.54-sec.9 Operation of scheme\n\nThe scheme opens on the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.\nThe scheme closes on the earlier of the following days—\nthe day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme;\n31 March 2024 (the closing day ).\nHowever, the Minister may, by notice published on the authority’s website (an extension notice ), extend the closing day, once only, to a stated day that is not later than 24 December 2024.\nThe Minister may publish an extension notice only if the Minister is satisfied applicants need more time in which to apply for assistance under the scheme.\nThe Minister must table a copy of the extension notice in the Legislative Assembly within 14 days after the day the extension notice is published.\nsch 54 s 9 ins 2023 SL No. 160 s 3\n(sch.54-sec.9-ssec.1) The scheme opens on the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.\n(sch.54-sec.9-ssec.2) The scheme closes on the earlier of the following days— the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme; 31 March 2024 (the closing day ).\n(sch.54-sec.9-ssec.3) However, the Minister may, by notice published on the authority’s website (an extension notice ), extend the closing day, once only, to a stated day that is not later than 24 December 2024.\n(sch.54-sec.9-ssec.4) The Minister may publish an extension notice only if the Minister is satisfied applicants need more time in which to apply for assistance under the scheme.\n(sch.54-sec.9-ssec.5) The Minister must table a copy of the extension notice in the Legislative Assembly within 14 days after the day the extension notice is published.\n- (a) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme;\n- (b) 31 March 2024 (the closing day ).","sortOrder":871},{"sectionNumber":"sch.54-sec.10","sectionType":"section","heading":"Requirements for applications","content":"### sch.54-sec.10 Requirements for applications\n\nAn application for assistance under the scheme must—\nbe made in the form approved by the authority; and\nbe accompanied by the following documents—\na copy of a flood management plan for the primary production enterprise;\na copy of the confirmation mentioned in section 8 (1) (f) ;\na copy of the tax invoice for the eligible professional advice for the primary production enterprise to which the application for assistance under the scheme relates;\nan official receipt showing the applicant has paid the tax invoice;\nany other documents stated in the form; and\nbe received by the authority while the scheme is open under section 9 .\nIf the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\nIn this section—\nofficial receipt means a receipt that includes—\nthe name and address of the entity that issued the receipt; and\nthe entity’s Australian Business Number; and\na description of each item to which the receipt relates; and\nthe date the amount to which the receipt relates was paid.\nsch 54 s 10 ins 2023 SL No. 160 s 3\n(sch.54-sec.10-ssec.1) An application for assistance under the scheme must— be made in the form approved by the authority; and be accompanied by the following documents— a copy of a flood management plan for the primary production enterprise; a copy of the confirmation mentioned in section 8 (1) (f) ; a copy of the tax invoice for the eligible professional advice for the primary production enterprise to which the application for assistance under the scheme relates; an official receipt showing the applicant has paid the tax invoice; any other documents stated in the form; and be received by the authority while the scheme is open under section 9 .\n(sch.54-sec.10-ssec.2) If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\n(sch.54-sec.10-ssec.3) In this section— official receipt means a receipt that includes— the name and address of the entity that issued the receipt; and the entity’s Australian Business Number; and a description of each item to which the receipt relates; and the date the amount to which the receipt relates was paid.\n- (a) be made in the form approved by the authority; and\n- (b) be accompanied by the following documents— (i) a copy of a flood management plan for the primary production enterprise; (ii) a copy of the confirmation mentioned in section 8 (1) (f) ; (iii) a copy of the tax invoice for the eligible professional advice for the primary production enterprise to which the application for assistance under the scheme relates; (iv) an official receipt showing the applicant has paid the tax invoice; (v) any other documents stated in the form; and\n- (i) a copy of a flood management plan for the primary production enterprise;\n- (ii) a copy of the confirmation mentioned in section 8 (1) (f) ;\n- (iii) a copy of the tax invoice for the eligible professional advice for the primary production enterprise to which the application for assistance under the scheme relates;\n- (iv) an official receipt showing the applicant has paid the tax invoice;\n- (v) any other documents stated in the form; and\n- (c) be received by the authority while the scheme is open under section 9 .\n- (i) a copy of a flood management plan for the primary production enterprise;\n- (ii) a copy of the confirmation mentioned in section 8 (1) (f) ;\n- (iii) a copy of the tax invoice for the eligible professional advice for the primary production enterprise to which the application for assistance under the scheme relates;\n- (iv) an official receipt showing the applicant has paid the tax invoice;\n- (v) any other documents stated in the form; and\n- (a) the name and address of the entity that issued the receipt; and\n- (b) the entity’s Australian Business Number; and\n- (c) a description of each item to which the receipt relates; and\n- (d) the date the amount to which the receipt relates was paid.","sortOrder":872},{"sectionNumber":"sch.54-sec.11","sectionType":"section","heading":"Deciding applications","content":"### sch.54-sec.11 Deciding applications\n\nThe authority must consider each application for assistance under the scheme that complies with section 10 (1) and decide to approve, or refuse to approve, the application.\nThe authority must consider applications in the order they are received by the authority.\nThe authority must refuse to approve an application if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\nsch 54 s 11 ins 2023 SL No. 160 s 3\n(sch.54-sec.11-ssec.1) The authority must consider each application for assistance under the scheme that complies with section 10 (1) and decide to approve, or refuse to approve, the application.\n(sch.54-sec.11-ssec.2) The authority must consider applications in the order they are received by the authority.\n(sch.54-sec.11-ssec.3) The authority must refuse to approve an application if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.\n(sch.54-sec.11-ssec.4) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.","sortOrder":873},{"sectionNumber":"sch.55-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":874},{"sectionNumber":"sch.55-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.55-sec.1 Objective of scheme\n\nThe objective of the scheme is to encourage the installation of approved battery systems at residential premises.\nsch 55 s 1 ins 2023 SL No. 182 s 3","sortOrder":875},{"sectionNumber":"sch.55-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.55-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to give individual owners of residential premises a rebate to offset the cost of having an approved battery system suitably installed at the premises.\nsch 55 s 2 ins 2023 SL No. 182 s 3","sortOrder":876},{"sectionNumber":"sch.55-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.55-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant , in relation to assistance under the scheme or conditional approval for assistance under the scheme, means a person applying for the assistance or conditional approval.\napproved battery system means a battery energy storage system that is included in the list of systems approved, for the purposes of the scheme, on the electricity department’s website.\napproved installer means an installer of approved battery systems at residential premises who is included in the list of installers approved, for the purposes of the scheme, on the electricity department’s website.\nBuilding Code of Australia see the Building Act 1975 , section 12 .\nclass 1a building —\nmeans a class 1a building under the Building Code of Australia; and\nincludes a granny flat.\nconditional approval application means an application under section 8 for conditional approval for assistance under the scheme.\nelectricity department’s website means the website of the department administering the Electricity Act 1994 .\ngranny flat means a small building on a lot that—\nis capable of providing self-contained accommodation; and\nis not—\na house, or other main building used for residential purposes, on the lot; or\na manufactured home.\nhouse means residential premises on a lot, if the premises are—\na single detached dwelling; and\nthe main building on the lot used for residential purposes.\nincome earner , for an application for assistance under the scheme, means—\nif the applicant has a spouse who is an individual owner of the residential premises to which the application relates—whomever of the applicant or the spouse had the higher taxable income for the most recently ended financial year; or\notherwise—the applicant.\nindividual owner , of residential premises, means an individual who is—\nfor a house—\nthe registered owner of the lot on which the house is located; or\nif there is a home ownership lease over the lot on which the house is located under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 —the lessee under the lease; or\nfor a granny flat—\nthe registered owner of the lot on which the flat is located; or\nthe person who, under any arrangement, resides at the flat and has responsibility for making significant repairs or modifications to the flat; or\nfor residential premises, other than a house or granny flat, on a lot that is included in a community titles scheme under the Body Corporate and Community Management Act 1997 or on a building units plan or group titles plan registered under the Building Units and Group Titles Act 1980 —the registered owner of the lot; or\nfor other residential premises—the person the authority is satisfied owns the premises on the basis of an arrangement or document evidencing that the person is the owner or is treated as the owner by the entity that owns the land on which the premises are located.\nlot means—\na lot on a building units plan or group titles plan registered under the Building Units and Group Titles Act 1980 ; or\na lot under the Land Title Act 1994 .\nmanufactured home means—\na manufactured home under the Manufactured Homes (Residential Parks) Act 2003 , section 10 ; or\na caravan that has been modified so that it may not be moved from its position using the means ordinarily used to transport the caravan.\nnotice of assessment means a notice of assessment issued under the Income Tax Assessment Act 1997 (Cwlth) .\nregistered owner , of a lot, means—\nfor a lot on a building units plan or group titles plan registered under the Building Units and Group Titles Act 1980 —the proprietor of the lot under that Act; or\nfor another lot—the registered owner of the lot under the Land Title Act 1994 .\nresidential premises means a class 1a building in Queensland.\nscheme means the scheme set out in this schedule.\nsuitably installed , in relation to an approved battery system at residential premises, see section 4 .\ntaxable income , of an individual, means the individual’s taxable income within the meaning of the Income Tax Assessment Act 1997 (Cwlth) .\nsch 55 s 3 ins 2023 SL No. 182 s 3\n- (a) means a class 1a building under the Building Code of Australia; and\n- (b) includes a granny flat.\n- (a) is capable of providing self-contained accommodation; and\n- (b) is not— (i) a house, or other main building used for residential purposes, on the lot; or (ii) a manufactured home.\n- (i) a house, or other main building used for residential purposes, on the lot; or\n- (ii) a manufactured home.\n- (i) a house, or other main building used for residential purposes, on the lot; or\n- (ii) a manufactured home.\n- (a) a single detached dwelling; and\n- (b) the main building on the lot used for residential purposes.\n- (a) if the applicant has a spouse who is an individual owner of the residential premises to which the application relates—whomever of the applicant or the spouse had the higher taxable income for the most recently ended financial year; or\n- (b) otherwise—the applicant.\n- (a) for a house— (i) the registered owner of the lot on which the house is located; or (ii) if there is a home ownership lease over the lot on which the house is located under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 —the lessee under the lease; or\n- (i) the registered owner of the lot on which the house is located; or\n- (ii) if there is a home ownership lease over the lot on which the house is located under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 —the lessee under the lease; or\n- (b) for a granny flat— (i) the registered owner of the lot on which the flat is located; or (ii) the person who, under any arrangement, resides at the flat and has responsibility for making significant repairs or modifications to the flat; or\n- (i) the registered owner of the lot on which the flat is located; or\n- (ii) the person who, under any arrangement, resides at the flat and has responsibility for making significant repairs or modifications to the flat; or\n- (c) for residential premises, other than a house or granny flat, on a lot that is included in a community titles scheme under the Body Corporate and Community Management Act 1997 or on a building units plan or group titles plan registered under the Building Units and Group Titles Act 1980 —the registered owner of the lot; or\n- (d) for other residential premises—the person the authority is satisfied owns the premises on the basis of an arrangement or document evidencing that the person is the owner or is treated as the owner by the entity that owns the land on which the premises are located.\n- (i) the registered owner of the lot on which the house is located; or\n- (ii) if there is a home ownership lease over the lot on which the house is located under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 —the lessee under the lease; or\n- (i) the registered owner of the lot on which the flat is located; or\n- (ii) the person who, under any arrangement, resides at the flat and has responsibility for making significant repairs or modifications to the flat; or\n- (a) a lot on a building units plan or group titles plan registered under the Building Units and Group Titles Act 1980 ; or\n- (b) a lot under the Land Title Act 1994 .\n- (a) a manufactured home under the Manufactured Homes (Residential Parks) Act 2003 , section 10 ; or\n- (b) a caravan that has been modified so that it may not be moved from its position using the means ordinarily used to transport the caravan.\n- (a) for a lot on a building units plan or group titles plan registered under the Building Units and Group Titles Act 1980 —the proprietor of the lot under that Act; or\n- (b) for another lot—the registered owner of the lot under the Land Title Act 1994 .","sortOrder":877},{"sectionNumber":"sch.55-sec.4","sectionType":"section","heading":"Meaning of suitably installed","content":"### sch.55-sec.4 Meaning of suitably installed\n\nAn approved battery system is suitably installed at residential premises if—\nthe system is installed, and connected to a suitable solar PV system that is installed—\nat the premises; or\non the lot or other land on which the premises are located; and\nthe person who carried out the installation and connection is an approved installer; and\nthe connection allows the approved battery system and suitable solar PV system to operate together.\nIn this section—\nsuitable solar PV system means a solar photovoltaic system with a system capacity of 5kW or more.\nsch 55 s 4 ins 2023 SL No. 182 s 3\n(sch.55-sec.4-ssec.1) An approved battery system is suitably installed at residential premises if— the system is installed, and connected to a suitable solar PV system that is installed— at the premises; or on the lot or other land on which the premises are located; and the person who carried out the installation and connection is an approved installer; and the connection allows the approved battery system and suitable solar PV system to operate together.\n(sch.55-sec.4-ssec.2) In this section— suitable solar PV system means a solar photovoltaic system with a system capacity of 5kW or more.\n- (a) the system is installed, and connected to a suitable solar PV system that is installed— (i) at the premises; or (ii) on the lot or other land on which the premises are located; and\n- (i) at the premises; or\n- (ii) on the lot or other land on which the premises are located; and\n- (b) the person who carried out the installation and connection is an approved installer; and\n- (c) the connection allows the approved battery system and suitable solar PV system to operate together.\n- (i) at the premises; or\n- (ii) on the lot or other land on which the premises are located; and","sortOrder":878},{"sectionNumber":"sch.55-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":879},{"sectionNumber":"sch.55-sec.5","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.55-sec.5 Nature and amount of assistance\n\nThe nature of the assistance available under the scheme is a rebate to offset the cost of having an approved battery system suitably installed at residential premises owned by the applicant.\nThe amount of the assistance is the total of—\nthe lesser of the following amounts—\nthe amount mentioned in subsection (3) ;\nthe cost incurred by the applicant for having the approved battery system suitably installed at the residential premises; and\nthe amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\nFor subsection (2) (a) (i) , the amount is—\nif the taxable income of the income earner for the application, for the most recently ended financial year, is $66,667 or less—$4,000; or\notherwise—$3,000.\nsch 55 s 5 ins 2023 SL No. 182 s 3\n(sch.55-sec.5-ssec.1) The nature of the assistance available under the scheme is a rebate to offset the cost of having an approved battery system suitably installed at residential premises owned by the applicant.\n(sch.55-sec.5-ssec.2) The amount of the assistance is the total of— the lesser of the following amounts— the amount mentioned in subsection (3) ; the cost incurred by the applicant for having the approved battery system suitably installed at the residential premises; and the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\n(sch.55-sec.5-ssec.3) For subsection (2) (a) (i) , the amount is— if the taxable income of the income earner for the application, for the most recently ended financial year, is $66,667 or less—$4,000; or otherwise—$3,000.\n- (a) the lesser of the following amounts— (i) the amount mentioned in subsection (3) ; (ii) the cost incurred by the applicant for having the approved battery system suitably installed at the residential premises; and\n- (i) the amount mentioned in subsection (3) ;\n- (ii) the cost incurred by the applicant for having the approved battery system suitably installed at the residential premises; and\n- (b) the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\n- (i) the amount mentioned in subsection (3) ;\n- (ii) the cost incurred by the applicant for having the approved battery system suitably installed at the residential premises; and\n- (a) if the taxable income of the income earner for the application, for the most recently ended financial year, is $66,667 or less—$4,000; or\n- (b) otherwise—$3,000.","sortOrder":880},{"sectionNumber":"sch.55-sec.6","sectionType":"section","heading":"Operation of scheme","content":"### sch.55-sec.6 Operation of scheme\n\nThe scheme—\nopens on the day stated on the electricity department’s website as the day the scheme opens; and\ncloses on the earlier of the following days—\nthe day stated on the website as the day the scheme closes;\nthe day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.\nsch 55 s 6 ins 2023 SL No. 182 s 3\n- (a) opens on the day stated on the electricity department’s website as the day the scheme opens; and\n- (b) closes on the earlier of the following days— (i) the day stated on the website as the day the scheme closes; (ii) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.\n- (i) the day stated on the website as the day the scheme closes;\n- (ii) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.\n- (i) the day stated on the website as the day the scheme closes;\n- (ii) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.","sortOrder":881},{"sectionNumber":"sch.55-sec.7","sectionType":"section","heading":"Eligibility criteria—conditional approval for assistance","content":"### sch.55-sec.7 Eligibility criteria—conditional approval for assistance\n\nAn applicant is eligible for conditional approval for assistance under the scheme in relation to residential premises if—\nthe applicant is an individual owner of the premises; and\na person has not previously received assistance under the scheme in relation to—\nthe premises; or\nif the premises are located on a lot—any other residential premises located on the same lot; and\nthe applicant has obtained a quote for the sale of an approved battery system from—\nan approved installer; or\nanother retailer of approved battery systems; and\nthe applicant’s taxable income or, if the applicant has a spouse, the combined taxable income of the applicant and spouse, for the most recently ended financial year, is $180,000 or less.\nsch 55 s 7 ins 2023 SL No. 182 s 3\n- (a) the applicant is an individual owner of the premises; and\n- (b) a person has not previously received assistance under the scheme in relation to— (i) the premises; or (ii) if the premises are located on a lot—any other residential premises located on the same lot; and\n- (i) the premises; or\n- (ii) if the premises are located on a lot—any other residential premises located on the same lot; and\n- (c) the applicant has obtained a quote for the sale of an approved battery system from— (i) an approved installer; or (ii) another retailer of approved battery systems; and\n- (i) an approved installer; or\n- (ii) another retailer of approved battery systems; and\n- (d) the applicant’s taxable income or, if the applicant has a spouse, the combined taxable income of the applicant and spouse, for the most recently ended financial year, is $180,000 or less.\n- (i) the premises; or\n- (ii) if the premises are located on a lot—any other residential premises located on the same lot; and\n- (i) an approved installer; or\n- (ii) another retailer of approved battery systems; and","sortOrder":882},{"sectionNumber":"sch.55-sec.8","sectionType":"section","heading":"Conditional approval applications","content":"### sch.55-sec.8 Conditional approval applications\n\nAn application for conditional approval for assistance under the scheme in relation to residential premises must be—\nmade in the approved form; and\ngiven to the authority before the applicant applies for the assistance under section 11 .\nThe application must be accompanied by—\na copy of the quote mentioned in section 7 (c) relating to the residential premises; and\na copy of the notice of assessment for the applicant’s taxable income or, if the applicant has a spouse, the combined taxable income of the applicant and spouse, for the most recently ended financial year; and\nany other documents stated in the form.\nHowever, if the notice of assessment mentioned in subsection (2) (b) has not been issued when the application is made, the application—\nis not required to be accompanied by a copy of the notice; and\nmust be accompanied by other documentary evidence, to the satisfaction of the authority, of the taxable income or combined taxable income.\nIf the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\nsch 55 s 8 ins 2023 SL No. 182 s 3\n(sch.55-sec.8-ssec.1) An application for conditional approval for assistance under the scheme in relation to residential premises must be— made in the approved form; and given to the authority before the applicant applies for the assistance under section 11 .\n(sch.55-sec.8-ssec.2) The application must be accompanied by— a copy of the quote mentioned in section 7 (c) relating to the residential premises; and a copy of the notice of assessment for the applicant’s taxable income or, if the applicant has a spouse, the combined taxable income of the applicant and spouse, for the most recently ended financial year; and any other documents stated in the form.\n(sch.55-sec.8-ssec.3) However, if the notice of assessment mentioned in subsection (2) (b) has not been issued when the application is made, the application— is not required to be accompanied by a copy of the notice; and must be accompanied by other documentary evidence, to the satisfaction of the authority, of the taxable income or combined taxable income.\n(sch.55-sec.8-ssec.4) If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\n- (a) made in the approved form; and\n- (b) given to the authority before the applicant applies for the assistance under section 11 .\n- (a) a copy of the quote mentioned in section 7 (c) relating to the residential premises; and\n- (b) a copy of the notice of assessment for the applicant’s taxable income or, if the applicant has a spouse, the combined taxable income of the applicant and spouse, for the most recently ended financial year; and\n- (c) any other documents stated in the form.\n- (a) is not required to be accompanied by a copy of the notice; and\n- (b) must be accompanied by other documentary evidence, to the satisfaction of the authority, of the taxable income or combined taxable income.","sortOrder":883},{"sectionNumber":"sch.55-sec.9","sectionType":"section","heading":"Deciding conditional approval applications","content":"### sch.55-sec.9 Deciding conditional approval applications\n\nThe authority must consider each conditional approval application and decide to approve, or refuse to approve, the application.\nThe authority must consider conditional approval applications in the order they are received by the authority.\nThe authority must, for each conditional approval application, give the applicant written notice of the authority’s decision.\nsch 55 s 9 ins 2023 SL No. 182 s 3\n(sch.55-sec.9-ssec.1) The authority must consider each conditional approval application and decide to approve, or refuse to approve, the application.\n(sch.55-sec.9-ssec.2) The authority must consider conditional approval applications in the order they are received by the authority.\n(sch.55-sec.9-ssec.3) The authority must, for each conditional approval application, give the applicant written notice of the authority’s decision.","sortOrder":884},{"sectionNumber":"sch.55-sec.10","sectionType":"section","heading":"Eligibility criteria—assistance","content":"### sch.55-sec.10 Eligibility criteria—assistance\n\nAn applicant is eligible to receive assistance under the scheme in relation to residential premises if—\nthe authority has, under section 9 (1) , approved a conditional approval application for the assistance by the applicant; and\nthe applicant is an individual owner of the premises; and\nthe applicant’s taxable income or, if the applicant has a spouse, the combined taxable income of the applicant and spouse, for the most recently ended financial year, is $180,000 or less; and\nthe authority is satisfied the approved battery system for which the conditional approval was given has been suitably installed at the premises; and\nthe applicant applies for the assistance under section 11 on or before the day that is—\n90 days after receiving written notice of the conditional approval under section 9 (3) ; or\na later day, not later than 120 days after receiving the notice, if the authority is satisfied it is not reasonably practicable for the installation to have been carried out, and the application made, until the later day.\nsch 55 s 10 ins 2023 SL No. 182 s 3\n- (a) the authority has, under section 9 (1) , approved a conditional approval application for the assistance by the applicant; and\n- (b) the applicant is an individual owner of the premises; and\n- (c) the applicant’s taxable income or, if the applicant has a spouse, the combined taxable income of the applicant and spouse, for the most recently ended financial year, is $180,000 or less; and\n- (d) the authority is satisfied the approved battery system for which the conditional approval was given has been suitably installed at the premises; and\n- (e) the applicant applies for the assistance under section 11 on or before the day that is— (i) 90 days after receiving written notice of the conditional approval under section 9 (3) ; or (ii) a later day, not later than 120 days after receiving the notice, if the authority is satisfied it is not reasonably practicable for the installation to have been carried out, and the application made, until the later day.\n- (i) 90 days after receiving written notice of the conditional approval under section 9 (3) ; or\n- (ii) a later day, not later than 120 days after receiving the notice, if the authority is satisfied it is not reasonably practicable for the installation to have been carried out, and the application made, until the later day.\n- (i) 90 days after receiving written notice of the conditional approval under section 9 (3) ; or\n- (ii) a later day, not later than 120 days after receiving the notice, if the authority is satisfied it is not reasonably practicable for the installation to have been carried out, and the application made, until the later day.","sortOrder":885},{"sectionNumber":"sch.55-sec.11","sectionType":"section","heading":"Applications for assistance","content":"### sch.55-sec.11 Applications for assistance\n\nAn application for assistance under the scheme in relation to residential premises must be—\nmade in the approved form; and\naccompanied by the following—\nif a financial year has ended since the conditional approval application for the assistance was made—a copy of the notice of assessment for the applicant’s taxable income or, if the applicant has a spouse, the combined taxable income of the applicant and spouse, for the most recently ended financial year;\nif section 5 (2) (a) (i) applies for working out the amount of assistance applied for—\na declaration by the applicant stating the name of the income earner for the application; and\na copy of the notice of assessment for the taxable income of the income earner for the most recently ended financial year;\na copy of the tax invoice for the purchase, and installation at the premises, of the approved battery system for which conditional approval for the assistance was given under section 9 ;\nany other documents stated in the form.\nHowever, if the notice of assessment mentioned in subsection (1) (b) (i) or (ii) (B) has not been issued when the application is made, the application—\nis not required to be accompanied by a copy of the notice; and\nmust be accompanied by other documentary evidence, to the satisfaction of the authority, of the taxable income or combined taxable income.\nThe tax invoice mentioned in subsection (1) (b) (iii) must state that the approved battery system was installed, in the way described in section 4 , at the residential premises.\nThe authority may ask an applicant to provide further relevant information required to decide the application.\nsch 55 s 11 ins 2023 SL No. 182 s 3\n(sch.55-sec.11-ssec.1) An application for assistance under the scheme in relation to residential premises must be— made in the approved form; and accompanied by the following— if a financial year has ended since the conditional approval application for the assistance was made—a copy of the notice of assessment for the applicant’s taxable income or, if the applicant has a spouse, the combined taxable income of the applicant and spouse, for the most recently ended financial year; if section 5 (2) (a) (i) applies for working out the amount of assistance applied for— a declaration by the applicant stating the name of the income earner for the application; and a copy of the notice of assessment for the taxable income of the income earner for the most recently ended financial year; a copy of the tax invoice for the purchase, and installation at the premises, of the approved battery system for which conditional approval for the assistance was given under section 9 ; any other documents stated in the form.\n(sch.55-sec.11-ssec.2) However, if the notice of assessment mentioned in subsection (1) (b) (i) or (ii) (B) has not been issued when the application is made, the application— is not required to be accompanied by a copy of the notice; and must be accompanied by other documentary evidence, to the satisfaction of the authority, of the taxable income or combined taxable income.\n(sch.55-sec.11-ssec.3) The tax invoice mentioned in subsection (1) (b) (iii) must state that the approved battery system was installed, in the way described in section 4 , at the residential premises.\n(sch.55-sec.11-ssec.4) The authority may ask an applicant to provide further relevant information required to decide the application.\n- (a) made in the approved form; and\n- (b) accompanied by the following— (i) if a financial year has ended since the conditional approval application for the assistance was made—a copy of the notice of assessment for the applicant’s taxable income or, if the applicant has a spouse, the combined taxable income of the applicant and spouse, for the most recently ended financial year; (ii) if section 5 (2) (a) (i) applies for working out the amount of assistance applied for— (A) a declaration by the applicant stating the name of the income earner for the application; and (B) a copy of the notice of assessment for the taxable income of the income earner for the most recently ended financial year; (iii) a copy of the tax invoice for the purchase, and installation at the premises, of the approved battery system for which conditional approval for the assistance was given under section 9 ; (iv) any other documents stated in the form.\n- (i) if a financial year has ended since the conditional approval application for the assistance was made—a copy of the notice of assessment for the applicant’s taxable income or, if the applicant has a spouse, the combined taxable income of the applicant and spouse, for the most recently ended financial year;\n- (ii) if section 5 (2) (a) (i) applies for working out the amount of assistance applied for— (A) a declaration by the applicant stating the name of the income earner for the application; and (B) a copy of the notice of assessment for the taxable income of the income earner for the most recently ended financial year;\n- (A) a declaration by the applicant stating the name of the income earner for the application; and\n- (B) a copy of the notice of assessment for the taxable income of the income earner for the most recently ended financial year;\n- (iii) a copy of the tax invoice for the purchase, and installation at the premises, of the approved battery system for which conditional approval for the assistance was given under section 9 ;\n- (iv) any other documents stated in the form.\n- (i) if a financial year has ended since the conditional approval application for the assistance was made—a copy of the notice of assessment for the applicant’s taxable income or, if the applicant has a spouse, the combined taxable income of the applicant and spouse, for the most recently ended financial year;\n- (ii) if section 5 (2) (a) (i) applies for working out the amount of assistance applied for— (A) a declaration by the applicant stating the name of the income earner for the application; and (B) a copy of the notice of assessment for the taxable income of the income earner for the most recently ended financial year;\n- (A) a declaration by the applicant stating the name of the income earner for the application; and\n- (B) a copy of the notice of assessment for the taxable income of the income earner for the most recently ended financial year;\n- (iii) a copy of the tax invoice for the purchase, and installation at the premises, of the approved battery system for which conditional approval for the assistance was given under section 9 ;\n- (iv) any other documents stated in the form.\n- (A) a declaration by the applicant stating the name of the income earner for the application; and\n- (B) a copy of the notice of assessment for the taxable income of the income earner for the most recently ended financial year;\n- (a) is not required to be accompanied by a copy of the notice; and\n- (b) must be accompanied by other documentary evidence, to the satisfaction of the authority, of the taxable income or combined taxable income.","sortOrder":886},{"sectionNumber":"sch.55-sec.12","sectionType":"section","heading":"Deciding applications for assistance","content":"### sch.55-sec.12 Deciding applications for assistance\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 11 .\nThe authority must consider applications in the order they are received.\nThe authority must refuse to approve an application if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance applied for in the application.\nIf the authority refuses to approve the application, the authority must give the applicant written notice of the decision.\nsch 55 s 12 ins 2023 SL No. 182 s 3\n(sch.55-sec.12-ssec.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 .\n(sch.55-sec.12-ssec.2) The authority must consider applications in the order they are received.\n(sch.55-sec.12-ssec.3) The authority must refuse to approve an application if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance applied for in the application.\n(sch.55-sec.12-ssec.4) If the authority refuses to approve the application, the authority must give the applicant written notice of the decision.","sortOrder":887},{"sectionNumber":"sch.56-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":888},{"sectionNumber":"sch.56-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.56-sec.1 Objective of scheme\n\nThe objective of the scheme is to reduce the amount of freight costs on essential goods that are passed on to consumers of the goods in remote communities.\nsch 56 s 1 ins 2023 SL No. 183 s 3","sortOrder":889},{"sectionNumber":"sch.56-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.56-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to wholly or partly reimburse owners of eligible businesses carried on at approved premises for—\ndiscount shortfalls and compliance costs for the businesses; and\nfor owners of eligible businesses who are entitled to receive establishment assistance—establishment activities for the businesses.\nsch 56 s 2 ins 2023 SL No. 183 s 3\n- (a) discount shortfalls and compliance costs for the businesses; and\n- (b) for owners of eligible businesses who are entitled to receive establishment assistance—establishment activities for the businesses.","sortOrder":890},{"sectionNumber":"sch.56-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.56-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means an entity applying for assistance under the scheme.\napproved applicant , for a type of assistance under the scheme, means an applicant whose application for the assistance has been approved under section 13 (1) .\napproved premises , of an eligible business, means premises of the business in relation to which the authority has, under section 13 (1) , approved an application for assistance under the scheme.\ncompliance assistance see section 7 (c) .\ncompliance cost , for an eligible business, means a cost that is reasonably likely to be incurred by an approved applicant in complying with a stock management requirement.\ndigital discount reporting requirement means a term of a financial agreement for discount assistance that requires an owner of an eligible business to provide digital evidence to the authority that the usual retail prices of essential goods sold by the business, at particular premises of the business, have been discounted.\ndiscount assistance see section 7 (b) .\ndiscount shortfall , for an eligible business, means the amount of revenue the business has forgone because of discounting the usual retail prices of essential goods sold by the business, at approved premises of the business, by the published percentage.\neligible business means a business—\nfor which an entity holds an Australian Business Number; and\nthat is registered for GST; and\nthat has a bank account in the name of the business.\nessential good see section 5 .\nestablishment activity , for an eligible business, see section 4 .\nestablishment assistance see section 7 (a) .\nfinancial agreement —\nfor a type of assistance under the scheme generally—means the standard form of written agreement by which the authority pays the assistance of that type to approved applicants for the assistance; and\nfor establishment assistance—includes the terms mentioned in section 15 (4) .\npublished percentage means the percentage approved by the Transport Minister and published on the authority’s website under section 6 .\nremote community means any of the following local government areas—\nAurukun;\nBurke;\nCarpentaria;\nCook;\nDoomadgee;\nKowanyama;\nHope Vale;\nLockhart River;\nMapoon;\nMornington;\nNapranum;\nNorthern Peninsula Area;\nPormpuraaw;\nTorres;\nTorres Strait Island;\nWeipa Town Area;\nWujal Wujal.\nscheme means the scheme set out in this schedule.\nstock management requirement means a requirement, relating to stock management for a business, stated in the financial agreement for compliance assistance.\nTransport Minister means the Minister of the department administering the Transport Infrastructure Act 1994 .\nsch 56 s 3 ins 2023 SL No. 183 s 3\n- (a) for which an entity holds an Australian Business Number; and\n- (b) that is registered for GST; and\n- (c) that has a bank account in the name of the business.\n- (a) for a type of assistance under the scheme generally—means the standard form of written agreement by which the authority pays the assistance of that type to approved applicants for the assistance; and\n- (b) for establishment assistance—includes the terms mentioned in section 15 (4) .\n- (a) Aurukun;\n- (b) Burke;\n- (c) Carpentaria;\n- (d) Cook;\n- (e) Doomadgee;\n- (f) Kowanyama;\n- (g) Hope Vale;\n- (h) Lockhart River;\n- (i) Mapoon;\n- (j) Mornington;\n- (k) Napranum;\n- (l) Northern Peninsula Area;\n- (m) Pormpuraaw;\n- (n) Torres;\n- (o) Torres Strait Island;\n- (p) Weipa Town Area;\n- (q) Wujal Wujal.","sortOrder":891},{"sectionNumber":"sch.56-sec.4","sectionType":"section","heading":"Meaning of establishment activity","content":"### sch.56-sec.4 Meaning of establishment activity\n\nEach of the following activities is an establishment activity for an eligible business—\nbuying, installing or upgrading computer hardware if—\nthe purchase, installation, or upgrade is carried out for each approved premises of the business; and\nthe business did not, at any time before the purchase, installation, or upgrade, comply with the digital discount reporting requirements; and\nthe purchase, installation, or upgrade was necessary to allow an owner of the business to comply with the digital discount reporting requirements in relation to the business;\nbuying, or installing on computer hardware used by an eligible business, digital stock management software, if—\nthe purchase or installation is carried out for each approved premises of the business; and\nthe business did not, at any time before the installation, use digital stock management software; and\nthe software will allow an owner of the business to comply with the digital discount reporting requirements in relation to the business;\nupgrading or adjusting stock management software being used by an eligible business, if the upgrade or adjustment is—\ncarried out for each approved premises of the business; and\nnecessary to allow an owner of the business to comply with the digital discount reporting requirements in relation to the business;\nengaging a person, other than an excluded person for the business, to provide training or another service in relation to an activity mentioned in paragraph (a) , (b) or (c) .\nIn this section—\nexcluded person , for an eligible business, means any of the following persons—\nan owner or employee of the business;\na relative, other than a qualified relative, of an owner or employee of the business;\na related body corporate of an owner of the business;\nanother body corporate, if an owner of the business is a director, or holds at least 10% of the issued shares, of the body corporate;\na beneficiary of a trust of which a person mentioned in any of paragraphs (a) to (d), or a qualified relative of an owner or employee of the business, is trustee.\nqualified relative , of an owner or employee of an eligible business, means a relative of the owner or employee who carries on, and has for a continuous period of at least 2 years carried on, a business providing training and services in relation to the activities mentioned in subsection (1) (a) , (b) and (c) .\nrelated body corporate see the Corporations Act , section 50 .\nrelative , of an owner or employee of an eligible business, means a spouse, child, stepchild, parent, step-parent, sibling, step-sibling, grandparent, step-grandparent or legal guardian of the owner or employee.\nsch 56 s 4 ins 2023 SL No. 183 s 3\namd 2024 SL No. 220 s 4\n(sch.56-sec.4-ssec.1) Each of the following activities is an establishment activity for an eligible business— buying, installing or upgrading computer hardware if— the purchase, installation, or upgrade is carried out for each approved premises of the business; and the business did not, at any time before the purchase, installation, or upgrade, comply with the digital discount reporting requirements; and the purchase, installation, or upgrade was necessary to allow an owner of the business to comply with the digital discount reporting requirements in relation to the business; buying, or installing on computer hardware used by an eligible business, digital stock management software, if— the purchase or installation is carried out for each approved premises of the business; and the business did not, at any time before the installation, use digital stock management software; and the software will allow an owner of the business to comply with the digital discount reporting requirements in relation to the business; upgrading or adjusting stock management software being used by an eligible business, if the upgrade or adjustment is— carried out for each approved premises of the business; and necessary to allow an owner of the business to comply with the digital discount reporting requirements in relation to the business; engaging a person, other than an excluded person for the business, to provide training or another service in relation to an activity mentioned in paragraph (a) , (b) or (c) .\n(sch.56-sec.4-ssec.2) In this section— excluded person , for an eligible business, means any of the following persons— an owner or employee of the business; a relative, other than a qualified relative, of an owner or employee of the business; a related body corporate of an owner of the business; another body corporate, if an owner of the business is a director, or holds at least 10% of the issued shares, of the body corporate; a beneficiary of a trust of which a person mentioned in any of paragraphs (a) to (d), or a qualified relative of an owner or employee of the business, is trustee. qualified relative , of an owner or employee of an eligible business, means a relative of the owner or employee who carries on, and has for a continuous period of at least 2 years carried on, a business providing training and services in relation to the activities mentioned in subsection (1) (a) , (b) and (c) . related body corporate see the Corporations Act , section 50 . relative , of an owner or employee of an eligible business, means a spouse, child, stepchild, parent, step-parent, sibling, step-sibling, grandparent, step-grandparent or legal guardian of the owner or employee.\n- (a) buying, installing or upgrading computer hardware if— (i) the purchase, installation, or upgrade is carried out for each approved premises of the business; and (ii) the business did not, at any time before the purchase, installation, or upgrade, comply with the digital discount reporting requirements; and (iii) the purchase, installation, or upgrade was necessary to allow an owner of the business to comply with the digital discount reporting requirements in relation to the business;\n- (i) the purchase, installation, or upgrade is carried out for each approved premises of the business; and\n- (ii) the business did not, at any time before the purchase, installation, or upgrade, comply with the digital discount reporting requirements; and\n- (iii) the purchase, installation, or upgrade was necessary to allow an owner of the business to comply with the digital discount reporting requirements in relation to the business;\n- (b) buying, or installing on computer hardware used by an eligible business, digital stock management software, if— (i) the purchase or installation is carried out for each approved premises of the business; and (ii) the business did not, at any time before the installation, use digital stock management software; and (iii) the software will allow an owner of the business to comply with the digital discount reporting requirements in relation to the business;\n- (i) the purchase or installation is carried out for each approved premises of the business; and\n- (ii) the business did not, at any time before the installation, use digital stock management software; and\n- (iii) the software will allow an owner of the business to comply with the digital discount reporting requirements in relation to the business;\n- (c) upgrading or adjusting stock management software being used by an eligible business, if the upgrade or adjustment is— (i) carried out for each approved premises of the business; and (ii) necessary to allow an owner of the business to comply with the digital discount reporting requirements in relation to the business;\n- (i) carried out for each approved premises of the business; and\n- (ii) necessary to allow an owner of the business to comply with the digital discount reporting requirements in relation to the business;\n- (d) engaging a person, other than an excluded person for the business, to provide training or another service in relation to an activity mentioned in paragraph (a) , (b) or (c) .\n- (i) the purchase, installation, or upgrade is carried out for each approved premises of the business; and\n- (ii) the business did not, at any time before the purchase, installation, or upgrade, comply with the digital discount reporting requirements; and\n- (iii) the purchase, installation, or upgrade was necessary to allow an owner of the business to comply with the digital discount reporting requirements in relation to the business;\n- (i) the purchase or installation is carried out for each approved premises of the business; and\n- (ii) the business did not, at any time before the installation, use digital stock management software; and\n- (iii) the software will allow an owner of the business to comply with the digital discount reporting requirements in relation to the business;\n- (i) carried out for each approved premises of the business; and\n- (ii) necessary to allow an owner of the business to comply with the digital discount reporting requirements in relation to the business;\n- (a) an owner or employee of the business;\n- (b) a relative, other than a qualified relative, of an owner or employee of the business;\n- (c) a related body corporate of an owner of the business;\n- (d) another body corporate, if an owner of the business is a director, or holds at least 10% of the issued shares, of the body corporate;\n- (e) a beneficiary of a trust of which a person mentioned in any of paragraphs (a) to (d), or a qualified relative of an owner or employee of the business, is trustee.","sortOrder":892},{"sectionNumber":"sch.56-sec.5","sectionType":"section","heading":"Meaning of essential good","content":"### sch.56-sec.5 Meaning of essential good\n\nAn essential good is food, drink or a household item used for domestic purposes, other than—\nan alcoholic beverage; or\nbathroom equipment; or\nconfectionery; or\nclothing; or\nan electrical appliance; or\na kitchen utensil; or\nmanchester; or\na soft drink containing sugar; or\nwhitegoods.\na household cleaning product, toothpaste, toilet paper\nTo remove any doubt, it is declared that none of the following is an essential good —\nfuel;\nfurniture or a furnishing;\nhardware;\nany of the following under the Tobacco and Other Smoking Products Act 1998 —\na tobacco product;\na smokeless tobacco product;\nvaping goods;\na lottery ticket under the Lotteries Act 1997 .\nsch 56 s 5 ins 2023 SL No. 183 s 3\namd 2024 SL No. 220 s 5\n(sch.56-sec.5-ssec.1) An essential good is food, drink or a household item used for domestic purposes, other than— an alcoholic beverage; or bathroom equipment; or confectionery; or clothing; or an electrical appliance; or a kitchen utensil; or manchester; or a soft drink containing sugar; or whitegoods. a household cleaning product, toothpaste, toilet paper\n(sch.56-sec.5-ssec.2) To remove any doubt, it is declared that none of the following is an essential good — fuel; furniture or a furnishing; hardware; any of the following under the Tobacco and Other Smoking Products Act 1998 — a tobacco product; a smokeless tobacco product; vaping goods; a lottery ticket under the Lotteries Act 1997 .\n- (a) an alcoholic beverage; or\n- (b) bathroom equipment; or\n- (c) confectionery; or\n- (d) clothing; or\n- (e) an electrical appliance; or\n- (f) a kitchen utensil; or\n- (g) manchester; or\n- (h) a soft drink containing sugar; or\n- (i) whitegoods. Examples of a household item used for domestic purposes— a household cleaning product, toothpaste, toilet paper\n- (a) fuel;\n- (b) furniture or a furnishing;\n- (c) hardware;\n- (d) any of the following under the Tobacco and Other Smoking Products Act 1998 — (i) a tobacco product; (ii) a smokeless tobacco product; (iii) vaping goods;\n- (i) a tobacco product;\n- (ii) a smokeless tobacco product;\n- (iii) vaping goods;\n- (e) a lottery ticket under the Lotteries Act 1997 .\n- (i) a tobacco product;\n- (ii) a smokeless tobacco product;\n- (iii) vaping goods;","sortOrder":893},{"sectionNumber":"sch.56-sec.6","sectionType":"section","heading":"Published percentage for discount assistance","content":"### sch.56-sec.6 Published percentage for discount assistance\n\nThe Transport Minister may approve a percentage for the purposes of discount assistance.\nIf the Transport Minister approves a percentage under subsection (1) —\nthe Minister must notify the authority of the approval; and\nthe authority must publish the percentage on the authority’s website.\nsch 56 s 6 ins 2023 SL No. 183 s 3\n(sch.56-sec.6-ssec.1) The Transport Minister may approve a percentage for the purposes of discount assistance.\n(sch.56-sec.6-ssec.2) If the Transport Minister approves a percentage under subsection (1) — the Minister must notify the authority of the approval; and the authority must publish the percentage on the authority’s website.\n- (a) the Minister must notify the authority of the approval; and\n- (b) the authority must publish the percentage on the authority’s website.","sortOrder":894},{"sectionNumber":"sch.56-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":895},{"sectionNumber":"sch.56-sec.7","sectionType":"section","heading":"Nature of assistance","content":"### sch.56-sec.7 Nature of assistance\n\nThe nature of the assistance available to an applicant under the scheme in relation to an eligible business is—\na payment ( establishment assistance ) to wholly or partly reimburse the applicant for costs incurred in carrying out 1 or more establishment activities for the business; and\npayments, whether weekly, fortnightly or monthly ( discount assistance ), to wholly reimburse the applicant for amounts of revenue forgone by the business that the authority is satisfied are discount shortfalls for the business for the week, fortnight or month; and\npayments, whether weekly, fortnightly or monthly ( compliance assistance ), to wholly or partly reimburse the applicant for costs that the authority is satisfied are compliance costs of the business for the week, fortnight or month.\nsch 56 s 7 ins 2023 SL No. 183 s 3\namd 2024 SL No. 220 s 6\n- (a) a payment ( establishment assistance ) to wholly or partly reimburse the applicant for costs incurred in carrying out 1 or more establishment activities for the business; and\n- (b) payments, whether weekly, fortnightly or monthly ( discount assistance ), to wholly reimburse the applicant for amounts of revenue forgone by the business that the authority is satisfied are discount shortfalls for the business for the week, fortnight or month; and\n- (c) payments, whether weekly, fortnightly or monthly ( compliance assistance ), to wholly or partly reimburse the applicant for costs that the authority is satisfied are compliance costs of the business for the week, fortnight or month.","sortOrder":896},{"sectionNumber":"sch.56-sec.8","sectionType":"section","heading":"Amount of assistance—establishment assistance","content":"### sch.56-sec.8 Amount of assistance—establishment assistance\n\nSubject to subsection (2) , the amount of establishment assistance available in relation to an eligible business is the total of—\nthe cost of all establishment activities for the business; and\nthe amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\nThe maximum amount of establishment assistance is the total of—\nthe lesser of the following amounts—\n$20,000 for each of the approved premises of the eligible business;\n$110,000; and\nthe amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\nsch 56 s 8 ins 2023 SL No. 183 s 3\namd 2024 SL No. 220 s 7\n(sch.56-sec.8-ssec.1) Subject to subsection (2) , the amount of establishment assistance available in relation to an eligible business is the total of— the cost of all establishment activities for the business; and the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\n(sch.56-sec.8-ssec.2) The maximum amount of establishment assistance is the total of— the lesser of the following amounts— $20,000 for each of the approved premises of the eligible business; $110,000; and the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\n- (a) the cost of all establishment activities for the business; and\n- (b) the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\n- (a) the lesser of the following amounts— (i) $20,000 for each of the approved premises of the eligible business; (ii) $110,000; and\n- (i) $20,000 for each of the approved premises of the eligible business;\n- (ii) $110,000; and\n- (b) the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\n- (i) $20,000 for each of the approved premises of the eligible business;\n- (ii) $110,000; and","sortOrder":897},{"sectionNumber":"sch.56-sec.9","sectionType":"section","heading":"Amount of assistance—discount assistance","content":"### sch.56-sec.9 Amount of assistance—discount assistance\n\nThe amount of discount assistance available in relation to an eligible business, for a particular week, fortnight or month, is the total of the following amounts for the week, fortnight or month—\nthe amount the authority is satisfied is the discount shortfall for the business; and\nthe amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\nsch 56 s 9 ins 2023 SL No. 183 s 3\namd 2024 SL No. 220 s 8\n- (a) the amount the authority is satisfied is the discount shortfall for the business; and\n- (b) the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .","sortOrder":898},{"sectionNumber":"sch.56-sec.10","sectionType":"section","heading":"Amount of assistance—compliance assistance","content":"### sch.56-sec.10 Amount of assistance—compliance assistance\n\nThe amount of compliance assistance, available in relation to an eligible business for a particular week, fortnight or month, is the total of—\nthe lesser of the following amounts—\n$250 for each of the participating premises of the business for the week, fortnight or month;\n$2,900; and\nthe amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\nIn this section—\nparticipating premises , of an eligible business for a week, fortnight or month, means approved premises of the business in relation to which the authority is satisfied—\nthe usual retail prices of essential goods sold by the business are being discounted by at least the published percentage for the week, fortnight or month; and\nthe owner of the business is complying with the digital discount reporting requirements.\nsch 56 s 10 ins 2023 SL No. 183 s 3\namd 2024 SL No. 220 s 9\n(sch.56-sec.10-ssec.1) The amount of compliance assistance, available in relation to an eligible business for a particular week, fortnight or month, is the total of— the lesser of the following amounts— $250 for each of the participating premises of the business for the week, fortnight or month; $2,900; and the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\n(sch.56-sec.10-ssec.2) In this section— participating premises , of an eligible business for a week, fortnight or month, means approved premises of the business in relation to which the authority is satisfied— the usual retail prices of essential goods sold by the business are being discounted by at least the published percentage for the week, fortnight or month; and the owner of the business is complying with the digital discount reporting requirements.\n- (a) the lesser of the following amounts— (i) $250 for each of the participating premises of the business for the week, fortnight or month; (ii) $2,900; and\n- (i) $250 for each of the participating premises of the business for the week, fortnight or month;\n- (ii) $2,900; and\n- (b) the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) .\n- (i) $250 for each of the participating premises of the business for the week, fortnight or month;\n- (ii) $2,900; and\n- (a) the usual retail prices of essential goods sold by the business are being discounted by at least the published percentage for the week, fortnight or month; and\n- (b) the owner of the business is complying with the digital discount reporting requirements.","sortOrder":899},{"sectionNumber":"sch.56-sec.11","sectionType":"section","heading":"Eligibility criteria","content":"### sch.56-sec.11 Eligibility criteria\n\nAn applicant is eligible to receive assistance under the scheme in relation to an eligible business if—\nthe applicant is an owner of the business; and\nthe business is carried on at 1 or more premises—\nthat are located in a remote community; and\nat which the retail sale of essential goods by the business, during the most recently ended financial year when the application is made, accounted for at least the prescribed percentage of the revenue of the business at the premises for the year; and\nthe applicant applies for the assistance—\nwithin the application period for the assistance; or\nwithin the further time allowed for making the application under subsection (3) ; and\nthe authority has not, under section 13 (1) , previously approved an application for assistance under the scheme in relation to the business.\nFor subsection (1) (c) (i) , the application period for assistance under the scheme is—\nfor establishment assistance—the period of 2 years starting on the day the scheme opens; or\nfor discount assistance or compliance assistance—the period—\nstarting on the day the scheme opens; and\nending on the day stated as the last day of the period on the authority’s website.\nHowever, the authority may allow further time for making an application if satisfied that—\nbecause of circumstances beyond the applicant’s control, the further time is reasonably necessary for the applicant to make the application; or\nit would be in the public interest to allow the further time.\nSubsection (5) applies if—\nthe applicant has received, or has been approved to receive, establishment assistance in relation to an eligible business; and\nthe total amount of the establishment assistance received by the applicant is less than the amount of establishment assistance that would otherwise be available to the applicant under the scheme for the eligible business.\nThe applicant may receive a further amount of establishment assistance equivalent to the difference between—\nthe amount of establishment assistance that would otherwise be available to the applicant under the scheme for the eligible business; and\nthe total amount of establishment assistance received, or approved to be received, by the applicant in relation to the eligible business.\nIn this section—\nprescribed percentage , of the revenue of an eligible business at premises for the most recently ended financial year, means—\nif the premises were used by the business primarily for the retail sale of fuel for vehicles during the year—15%; or\notherwise—50%.\nsch 56 s 11 ins 2023 SL No. 183 s 3\namd 2024 SL No. 220 s 10\n(sch.56-sec.11-ssec.1) An applicant is eligible to receive assistance under the scheme in relation to an eligible business if— the applicant is an owner of the business; and the business is carried on at 1 or more premises— that are located in a remote community; and at which the retail sale of essential goods by the business, during the most recently ended financial year when the application is made, accounted for at least the prescribed percentage of the revenue of the business at the premises for the year; and the applicant applies for the assistance— within the application period for the assistance; or within the further time allowed for making the application under subsection (3) ; and the authority has not, under section 13 (1) , previously approved an application for assistance under the scheme in relation to the business.\n(sch.56-sec.11-ssec.2) For subsection (1) (c) (i) , the application period for assistance under the scheme is— for establishment assistance—the period of 2 years starting on the day the scheme opens; or for discount assistance or compliance assistance—the period— starting on the day the scheme opens; and ending on the day stated as the last day of the period on the authority’s website.\n(sch.56-sec.11-ssec.3) However, the authority may allow further time for making an application if satisfied that— because of circumstances beyond the applicant’s control, the further time is reasonably necessary for the applicant to make the application; or it would be in the public interest to allow the further time.\n(sch.56-sec.11-ssec.4) Subsection (5) applies if— the applicant has received, or has been approved to receive, establishment assistance in relation to an eligible business; and the total amount of the establishment assistance received by the applicant is less than the amount of establishment assistance that would otherwise be available to the applicant under the scheme for the eligible business.\n(sch.56-sec.11-ssec.5) The applicant may receive a further amount of establishment assistance equivalent to the difference between— the amount of establishment assistance that would otherwise be available to the applicant under the scheme for the eligible business; and the total amount of establishment assistance received, or approved to be received, by the applicant in relation to the eligible business.\n(sch.56-sec.11-ssec.6) In this section— prescribed percentage , of the revenue of an eligible business at premises for the most recently ended financial year, means— if the premises were used by the business primarily for the retail sale of fuel for vehicles during the year—15%; or otherwise—50%.\n- (a) the applicant is an owner of the business; and\n- (b) the business is carried on at 1 or more premises— (i) that are located in a remote community; and (ii) at which the retail sale of essential goods by the business, during the most recently ended financial year when the application is made, accounted for at least the prescribed percentage of the revenue of the business at the premises for the year; and\n- (i) that are located in a remote community; and\n- (ii) at which the retail sale of essential goods by the business, during the most recently ended financial year when the application is made, accounted for at least the prescribed percentage of the revenue of the business at the premises for the year; and\n- (c) the applicant applies for the assistance— (i) within the application period for the assistance; or (ii) within the further time allowed for making the application under subsection (3) ; and\n- (i) within the application period for the assistance; or\n- (ii) within the further time allowed for making the application under subsection (3) ; and\n- (d) the authority has not, under section 13 (1) , previously approved an application for assistance under the scheme in relation to the business.\n- (i) that are located in a remote community; and\n- (ii) at which the retail sale of essential goods by the business, during the most recently ended financial year when the application is made, accounted for at least the prescribed percentage of the revenue of the business at the premises for the year; and\n- (i) within the application period for the assistance; or\n- (ii) within the further time allowed for making the application under subsection (3) ; and\n- (a) for establishment assistance—the period of 2 years starting on the day the scheme opens; or\n- (b) for discount assistance or compliance assistance—the period— (i) starting on the day the scheme opens; and (ii) ending on the day stated as the last day of the period on the authority’s website.\n- (i) starting on the day the scheme opens; and\n- (ii) ending on the day stated as the last day of the period on the authority’s website.\n- (i) starting on the day the scheme opens; and\n- (ii) ending on the day stated as the last day of the period on the authority’s website.\n- (a) because of circumstances beyond the applicant’s control, the further time is reasonably necessary for the applicant to make the application; or\n- (b) it would be in the public interest to allow the further time.\n- (a) the applicant has received, or has been approved to receive, establishment assistance in relation to an eligible business; and\n- (b) the total amount of the establishment assistance received by the applicant is less than the amount of establishment assistance that would otherwise be available to the applicant under the scheme for the eligible business.\n- (a) the amount of establishment assistance that would otherwise be available to the applicant under the scheme for the eligible business; and\n- (b) the total amount of establishment assistance received, or approved to be received, by the applicant in relation to the eligible business.\n- (a) if the premises were used by the business primarily for the retail sale of fuel for vehicles during the year—15%; or\n- (b) otherwise—50%.","sortOrder":900},{"sectionNumber":"sch.56-sec.12","sectionType":"section","heading":"Applications","content":"### sch.56-sec.12 Applications\n\nAn application for assistance under the scheme in relation to an eligible business must be—\nmade using the application form approved by the authority; and\naccompanied by the documents stated on the application form.\nThe authority may ask the applicant for further information or documents to decide the application.\nsch 56 s 12 ins 2023 SL No. 183 s 3\n(sch.56-sec.12-ssec.1) An application for assistance under the scheme in relation to an eligible business must be— made using the application form approved by the authority; and accompanied by the documents stated on the application form.\n(sch.56-sec.12-ssec.2) The authority may ask the applicant for further information or documents to decide the application.\n- (a) made using the application form approved by the authority; and\n- (b) accompanied by the documents stated on the application form.","sortOrder":901},{"sectionNumber":"sch.56-sec.13","sectionType":"section","heading":"Deciding applications","content":"### sch.56-sec.13 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance that complies with section 12 (1) .\nThe authority must refuse an application if—\nthe application is for assistance that is, or includes, discount assistance; and\nthe authority’s discount assistance funds for the financial year will be insufficient to pay discount assistance to the applicant.\nThe authority may refuse an application if the applicant does not comply with a request under section 12 (2) in relation to the application.\nThe authority must consider applications in the order they are received by the authority.\nThe authority must give the applicant written notice of a decision made under this section.\nsch 56 s 13 ins 2023 SL No. 183 s 3\n(sch.56-sec.13-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance that complies with section 12 (1) .\n(sch.56-sec.13-ssec.2) The authority must refuse an application if— the application is for assistance that is, or includes, discount assistance; and the authority’s discount assistance funds for the financial year will be insufficient to pay discount assistance to the applicant.\n(sch.56-sec.13-ssec.3) The authority may refuse an application if the applicant does not comply with a request under section 12 (2) in relation to the application.\n(sch.56-sec.13-ssec.4) The authority must consider applications in the order they are received by the authority.\n(sch.56-sec.13-ssec.5) The authority must give the applicant written notice of a decision made under this section.\n- (a) the application is for assistance that is, or includes, discount assistance; and\n- (b) the authority’s discount assistance funds for the financial year will be insufficient to pay discount assistance to the applicant.","sortOrder":902},{"sectionNumber":"sch.56-sec.14","sectionType":"section","heading":"Conditions of assistance—general","content":"### sch.56-sec.14 Conditions of assistance—general\n\nPayment of assistance under the scheme to an approved applicant for the assistance is subject to the conditions stated in—\nthis section; and\nfor establishment assistance— section 15 .\nThe applicant must—\nenter into a financial agreement for the assistance with the authority; and\ncomply with the terms of the agreement relating to the assistance.\nsch 56 s 14 ins 2023 SL No. 183 s 3\n(sch.56-sec.14-ssec.1) Payment of assistance under the scheme to an approved applicant for the assistance is subject to the conditions stated in— this section; and for establishment assistance— section 15 .\n(sch.56-sec.14-ssec.2) The applicant must— enter into a financial agreement for the assistance with the authority; and comply with the terms of the agreement relating to the assistance.\n- (a) this section; and\n- (b) for establishment assistance— section 15 .\n- (a) enter into a financial agreement for the assistance with the authority; and\n- (b) comply with the terms of the agreement relating to the assistance.","sortOrder":903},{"sectionNumber":"sch.56-sec.15","sectionType":"section","heading":"Additional conditions of assistance—establishment assistance","content":"### sch.56-sec.15 Additional conditions of assistance—establishment assistance\n\nPayment of establishment assistance under the scheme to an approved applicant for the assistance is subject to the conditions stated in this section.\nBefore receiving establishment assistance, the applicant must—\ncarry out, and pay for, each establishment activity for the eligible business in relation to which the application was approved; and\ngive the authority a receipt for payment of the cost of each of the establishment activities.\nThe receipt must include the following—\nthe name and address of the entity that issued the receipt;\nif the entity has an Australian Company Number or an Australian Business Number—\nthe number; or\nif the entity has both numbers—either number;\nthe date the cost was incurred;\na description of each of the establishment activities, including—\nthe approved premises of the eligible business at which the activity was carried out; and\nthe cost of the activity.\nThe financial agreement for establishment assistance must include the following terms—\nthe applicant must carry out, and pay for, each establishment activity for the eligible business in relation to which the application was approved within 90 days after the approval;\nthe applicant must carry on the business, at each approved premises of the business, for a continuous period—\nstarting on the day after the activity, or the last of the activities, is carried out; and\nending on the earlier of—\nthe day that is 3 years after the period starts; or\nthe day the scheme closes;\nif the applicant stops complying with the term mentioned in paragraph (b) in relation to any of the premises (the non-compliant premises ) during the period mentioned in paragraph (b) , the applicant must, for the non-compliant premises, repay to the authority the amount worked out using the following formula—\nwhere—\nEA means the total amount of the assistance paid to the applicant.\nAP means the total number of approved premises of the business.\nP means—\nif the applicant stops complying within 6 months after the assistance is paid—90%; or\nif the applicant stops complying more than 6 months, but not more than 1 year, after the assistance is paid—80%; or\nif the applicant stops complying more than 1 year, but not more than 18 months, after the assistance is paid—70%; or\nif the applicant stops complying more than 18 months, but not more than 2 years, after the assistance is paid—60%; or\nif the applicant stops complying more than 2 years, but not more than 30 months, after the assistance is paid—50%; or\nif the applicant stops complying more than 30 months, but not more than 3 years, after the assistance is paid—40%.\nsch 56 s 15 ins 2023 SL No. 183 s 3\n(sch.56-sec.15-ssec.1) Payment of establishment assistance under the scheme to an approved applicant for the assistance is subject to the conditions stated in this section.\n(sch.56-sec.15-ssec.2) Before receiving establishment assistance, the applicant must— carry out, and pay for, each establishment activity for the eligible business in relation to which the application was approved; and give the authority a receipt for payment of the cost of each of the establishment activities.\n(sch.56-sec.15-ssec.3) The receipt must include the following— the name and address of the entity that issued the receipt; if the entity has an Australian Company Number or an Australian Business Number— the number; or if the entity has both numbers—either number; the date the cost was incurred; a description of each of the establishment activities, including— the approved premises of the eligible business at which the activity was carried out; and the cost of the activity.\n(sch.56-sec.15-ssec.4) The financial agreement for establishment assistance must include the following terms— the applicant must carry out, and pay for, each establishment activity for the eligible business in relation to which the application was approved within 90 days after the approval; the applicant must carry on the business, at each approved premises of the business, for a continuous period— starting on the day after the activity, or the last of the activities, is carried out; and ending on the earlier of— the day that is 3 years after the period starts; or the day the scheme closes; if the applicant stops complying with the term mentioned in paragraph (b) in relation to any of the premises (the non-compliant premises ) during the period mentioned in paragraph (b) , the applicant must, for the non-compliant premises, repay to the authority the amount worked out using the following formula— where— EA means the total amount of the assistance paid to the applicant. AP means the total number of approved premises of the business. P means— if the applicant stops complying within 6 months after the assistance is paid—90%; or if the applicant stops complying more than 6 months, but not more than 1 year, after the assistance is paid—80%; or if the applicant stops complying more than 1 year, but not more than 18 months, after the assistance is paid—70%; or if the applicant stops complying more than 18 months, but not more than 2 years, after the assistance is paid—60%; or if the applicant stops complying more than 2 years, but not more than 30 months, after the assistance is paid—50%; or if the applicant stops complying more than 30 months, but not more than 3 years, after the assistance is paid—40%.\n- (a) carry out, and pay for, each establishment activity for the eligible business in relation to which the application was approved; and\n- (b) give the authority a receipt for payment of the cost of each of the establishment activities.\n- (a) the name and address of the entity that issued the receipt;\n- (b) if the entity has an Australian Company Number or an Australian Business Number— (i) the number; or (ii) if the entity has both numbers—either number;\n- (i) the number; or\n- (ii) if the entity has both numbers—either number;\n- (c) the date the cost was incurred;\n- (d) a description of each of the establishment activities, including— (i) the approved premises of the eligible business at which the activity was carried out; and (ii) the cost of the activity.\n- (i) the approved premises of the eligible business at which the activity was carried out; and\n- (ii) the cost of the activity.\n- (i) the number; or\n- (ii) if the entity has both numbers—either number;\n- (i) the approved premises of the eligible business at which the activity was carried out; and\n- (ii) the cost of the activity.\n- (a) the applicant must carry out, and pay for, each establishment activity for the eligible business in relation to which the application was approved within 90 days after the approval;\n- (b) the applicant must carry on the business, at each approved premises of the business, for a continuous period— (i) starting on the day after the activity, or the last of the activities, is carried out; and (ii) ending on the earlier of— (A) the day that is 3 years after the period starts; or (B) the day the scheme closes;\n- (i) starting on the day after the activity, or the last of the activities, is carried out; and\n- (ii) ending on the earlier of— (A) the day that is 3 years after the period starts; or (B) the day the scheme closes;\n- (A) the day that is 3 years after the period starts; or\n- (B) the day the scheme closes;\n- (c) if the applicant stops complying with the term mentioned in paragraph (b) in relation to any of the premises (the non-compliant premises ) during the period mentioned in paragraph (b) , the applicant must, for the non-compliant premises, repay to the authority the amount worked out using the following formula— where— EA means the total amount of the assistance paid to the applicant. AP means the total number of approved premises of the business. P means— (a) if the applicant stops complying within 6 months after the assistance is paid—90%; or (b) if the applicant stops complying more than 6 months, but not more than 1 year, after the assistance is paid—80%; or (c) if the applicant stops complying more than 1 year, but not more than 18 months, after the assistance is paid—70%; or (d) if the applicant stops complying more than 18 months, but not more than 2 years, after the assistance is paid—60%; or (e) if the applicant stops complying more than 2 years, but not more than 30 months, after the assistance is paid—50%; or (f) if the applicant stops complying more than 30 months, but not more than 3 years, after the assistance is paid—40%.\n- (a) if the applicant stops complying within 6 months after the assistance is paid—90%; or\n- (b) if the applicant stops complying more than 6 months, but not more than 1 year, after the assistance is paid—80%; or\n- (c) if the applicant stops complying more than 1 year, but not more than 18 months, after the assistance is paid—70%; or\n- (d) if the applicant stops complying more than 18 months, but not more than 2 years, after the assistance is paid—60%; or\n- (e) if the applicant stops complying more than 2 years, but not more than 30 months, after the assistance is paid—50%; or\n- (f) if the applicant stops complying more than 30 months, but not more than 3 years, after the assistance is paid—40%.\n- (i) starting on the day after the activity, or the last of the activities, is carried out; and\n- (ii) ending on the earlier of— (A) the day that is 3 years after the period starts; or (B) the day the scheme closes;\n- (A) the day that is 3 years after the period starts; or\n- (B) the day the scheme closes;\n- (A) the day that is 3 years after the period starts; or\n- (B) the day the scheme closes;\n- (a) if the applicant stops complying within 6 months after the assistance is paid—90%; or\n- (b) if the applicant stops complying more than 6 months, but not more than 1 year, after the assistance is paid—80%; or\n- (c) if the applicant stops complying more than 1 year, but not more than 18 months, after the assistance is paid—70%; or\n- (d) if the applicant stops complying more than 18 months, but not more than 2 years, after the assistance is paid—60%; or\n- (e) if the applicant stops complying more than 2 years, but not more than 30 months, after the assistance is paid—50%; or\n- (f) if the applicant stops complying more than 30 months, but not more than 3 years, after the assistance is paid—40%.","sortOrder":904},{"sectionNumber":"sch.56-sec.16","sectionType":"section","heading":"Payment of assistance","content":"### sch.56-sec.16 Payment of assistance\n\nThe authority must pay assistance to an approved applicant for the assistance in the way, and at the intervals, provided for in the financial agreement for the assistance to which the authority and the applicant are parties.\nsch 56 s 16 ins 2023 SL No. 183 s 3","sortOrder":905},{"sectionNumber":"sch.56-sec.17","sectionType":"section","heading":"Non-compliance with particular term of financial agreement","content":"### sch.56-sec.17 Non-compliance with particular term of financial agreement\n\nThis section applies if—\nthe authority approves, under section 13 (1) , an application for assistance under the scheme that is, or includes, establishment assistance; and\nthe authority and the approved applicant are parties to a financial agreement for the assistance that is in effect; and\nthe applicant fails to comply with the term of the agreement mentioned in section 15 (4) (a) .\nThe authority’s decision to approve the application is revoked.\nAlso, the application is taken to have been withdrawn.\nsch 56 s 17 ins 2023 SL No. 183 s 3\n(sch.56-sec.17-ssec.1) This section applies if— the authority approves, under section 13 (1) , an application for assistance under the scheme that is, or includes, establishment assistance; and the authority and the approved applicant are parties to a financial agreement for the assistance that is in effect; and the applicant fails to comply with the term of the agreement mentioned in section 15 (4) (a) .\n(sch.56-sec.17-ssec.2) The authority’s decision to approve the application is revoked.\n(sch.56-sec.17-ssec.3) Also, the application is taken to have been withdrawn.\n- (a) the authority approves, under section 13 (1) , an application for assistance under the scheme that is, or includes, establishment assistance; and\n- (b) the authority and the approved applicant are parties to a financial agreement for the assistance that is in effect; and\n- (c) the applicant fails to comply with the term of the agreement mentioned in section 15 (4) (a) .","sortOrder":906},{"sectionNumber":"sch.56-sec.18","sectionType":"section","heading":"Copy of financial agreement to be published","content":"### sch.56-sec.18 Copy of financial agreement to be published\n\nThe authority must ensure that at all times the scheme is open, a copy of the financial agreement for each type of assistance under the scheme is published on the authority’s website.\nsch 56 s 18 ins 2023 SL No. 183 s 3","sortOrder":907},{"sectionNumber":"sch.56-sec.19","sectionType":"section","heading":"If discount assistance funds for financial year become insufficient","content":"### sch.56-sec.19 If discount assistance funds for financial year become insufficient\n\nThis section applies if—\na financial agreement for discount assistance, between the authority and an approved applicant for the assistance, is in effect; and\nthe authority becomes aware that, on a particular day in the current financial year, the authority’s discount assistance funds for the year will be insufficient to pay discount assistance to the applicant.\nThe authority may, after giving written notice to the approved applicant, stop paying discount assistance to the applicant for the period—\nstarting on the day mentioned in subsection (1) (b) or the day that is 2 months after the notice is given, whichever is later; and\nending on the last day of the financial year.\nsch 56 s 19 ins 2023 SL No. 183 s 3\n(sch.56-sec.19-ssec.1) This section applies if— a financial agreement for discount assistance, between the authority and an approved applicant for the assistance, is in effect; and the authority becomes aware that, on a particular day in the current financial year, the authority’s discount assistance funds for the year will be insufficient to pay discount assistance to the applicant.\n(sch.56-sec.19-ssec.2) The authority may, after giving written notice to the approved applicant, stop paying discount assistance to the applicant for the period— starting on the day mentioned in subsection (1) (b) or the day that is 2 months after the notice is given, whichever is later; and ending on the last day of the financial year.\n- (a) a financial agreement for discount assistance, between the authority and an approved applicant for the assistance, is in effect; and\n- (b) the authority becomes aware that, on a particular day in the current financial year, the authority’s discount assistance funds for the year will be insufficient to pay discount assistance to the applicant.\n- (a) starting on the day mentioned in subsection (1) (b) or the day that is 2 months after the notice is given, whichever is later; and\n- (b) ending on the last day of the financial year.","sortOrder":908},{"sectionNumber":"sch.56-sec.20","sectionType":"section","heading":"Operation of scheme","content":"### sch.56-sec.20 Operation of scheme\n\nThe scheme closes on the earlier of the following days—\nthe day stated on the authority’s website as the day the scheme closes;\nthe day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.\nThe authority must give written notice of the day the scheme closes to each other party to a financial agreement for assistance that is in effect—\nas soon as possible after becoming aware of the day; and\nin any event, not later than 2 months before the day.\nAssistance is not payable under the scheme after the day the scheme closes.\nsch 56 s 20 ins 2023 SL No. 183 s 3\n(sch.56-sec.20-ssec.1) The scheme closes on the earlier of the following days— the day stated on the authority’s website as the day the scheme closes; the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.\n(sch.56-sec.20-ssec.2) The authority must give written notice of the day the scheme closes to each other party to a financial agreement for assistance that is in effect— as soon as possible after becoming aware of the day; and in any event, not later than 2 months before the day.\n(sch.56-sec.20-ssec.3) Assistance is not payable under the scheme after the day the scheme closes.\n- (a) the day stated on the authority’s website as the day the scheme closes;\n- (b) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.\n- (a) as soon as possible after becoming aware of the day; and\n- (b) in any event, not later than 2 months before the day.","sortOrder":909},{"sectionNumber":"sch.57-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":910},{"sectionNumber":"sch.57-sec.1","sectionType":"section","heading":"Objectives of scheme","content":"### sch.57-sec.1 Objectives of scheme\n\nThe objectives of the scheme are—\nto provide assistance to the following entities affected by the closure of particular commercial fisheries in the Great Barrier Reef region (the closed fisheries )—\na holder of a primary commercial fishing licence if 1 or more fishery symbols written on the licence stops having effect or is otherwise affected by the closure; or\na holder of a quota unit that stops having effect; and\nto encourage holders of particular primary commercial fishing licences who are authorised to take fish in the Great Barrier Reef region or Great Sandy region to surrender their primary commercial fishing licences or particular fishery symbols; and\nto encourage holders of particular quota units for fish in the Great Sandy region to surrender the quota units; and\nto provide assistance to holders of particular primary commercial fishing licences to replace income the holder would have been projected to earn from fishing in the closed fisheries in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026; and\nto provide assistance to holders of particular primary commercial fishing licences to seek legal or financial advice about the scheme.\nsch 57 s 1 ins 2023 SL No. 194 s 45\n- (a) to provide assistance to the following entities affected by the closure of particular commercial fisheries in the Great Barrier Reef region (the closed fisheries )— (i) a holder of a primary commercial fishing licence if 1 or more fishery symbols written on the licence stops having effect or is otherwise affected by the closure; or (ii) a holder of a quota unit that stops having effect; and\n- (i) a holder of a primary commercial fishing licence if 1 or more fishery symbols written on the licence stops having effect or is otherwise affected by the closure; or\n- (ii) a holder of a quota unit that stops having effect; and\n- (b) to encourage holders of particular primary commercial fishing licences who are authorised to take fish in the Great Barrier Reef region or Great Sandy region to surrender their primary commercial fishing licences or particular fishery symbols; and\n- (c) to encourage holders of particular quota units for fish in the Great Sandy region to surrender the quota units; and\n- (d) to provide assistance to holders of particular primary commercial fishing licences to replace income the holder would have been projected to earn from fishing in the closed fisheries in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026; and\n- (e) to provide assistance to holders of particular primary commercial fishing licences to seek legal or financial advice about the scheme.\n- (i) a holder of a primary commercial fishing licence if 1 or more fishery symbols written on the licence stops having effect or is otherwise affected by the closure; or\n- (ii) a holder of a quota unit that stops having effect; and","sortOrder":911},{"sectionNumber":"sch.57-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.57-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to support holders of particular primary commercial fishing licences and quota units who are affected by, or are likely to be affected by—\nthe closure of particular fisheries in the Great Barrier Reef region by the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or\nthe implementation of changes under the Marine Parks Act 2004 to zoning or management of the Great Sandy region related to the replacement of the Marine Parks (Great Sandy) Zoning Plan 2017 .\nsch 57 s 2 ins 2023 SL No. 194 s 45\n- (a) the closure of particular fisheries in the Great Barrier Reef region by the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or\n- (b) the implementation of changes under the Marine Parks Act 2004 to zoning or management of the Great Sandy region related to the replacement of the Marine Parks (Great Sandy) Zoning Plan 2017 .","sortOrder":912},{"sectionNumber":"sch.57-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.57-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means an entity applying for financial assistance under the scheme.\nbarramundi units see section 22 .\ncatch history , in a commercial fishery, see section 4 .\nclass 1 fishery symbol , for part 2 , division 3 , see section 15 .\nclass 1 licence , for part 2 , division 3 , see section 15 .\nclass 2 fishery symbol , for part 2 , division 3 , see section 15 .\nclass 2 licence , for part 2 , division 3 , see section 15 .\nclass 3 fishery symbol , for part 2 , division 3 , see section 15 .\nclass 3 licence , for part 2 , division 3 , see section 15 .\ncommercial fishery means a fishery under the Fisheries (Commercial Fisheries) Regulation 2019 .\neast coast inshore management region 1 see Fisheries (Commercial Fisheries) Regulation 2019 .\nsch 57 s 3 def east coast inshore management region 1 ins 2024 SL No. 52 s 25\nfishery symbol has the meaning given by the Fisheries (General) Regulation 2019 .\nfishing data means information given to the chief executive under the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 5 or 6 .\nGM5-ITQ units , for part 3 , division 2 , see section 27 .\nGreat Barrier Reef region means east coast inshore management regions 1 to 4 under the Fisheries (Commercial Fisheries) Regulation 2019 .\nGreat Sandy region means the area of the Great Sandy Marine Park under the Marine Parks Act 2004 on the commencement.\ngrey mackerel units see section 22 .\nhold , in relation to a primary commercial fishing licence or quota unit, includes holding a suspended primary commercial fishing licence or quota unit.\nholder , of a retired authority, see section 5 .\nking threadfin units see section 22 .\nmove , for a fishery symbol written on a primary commercial fishing licence, means move the fishery symbol to another primary commercial fishing licence under the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 3 , part 4 , division 2 .\nno fish period , for an applicant—\nfor part 4 , division 1 , see section 36 (2) (b) ; or\nfor part 4 , division 2 , see section 42 (2) (b) .\nprice multiplier , for a fish, means the number stated in column 3 of the table in part 2 of the scheme annexure for the fishery opposite the fish.\nprimary commercial fishing licence means a primary commercial fishing licence issued under the Fisheries Act 1994 .\nquota authority certificate , for a quota unit, see Fisheries (Commercial Fisheries) Regulation 2019 , section 109 (3) .\nquota unit means a quota unit under the Fisheries (Commercial Fisheries) Regulation 2019 .\nrelevant grid site , for a fishery, for part 4 , division 2 , see section 38 .\nrelevant map , for a fishery, for part 4 , division 2 , see section 38 .\nrelevant period catch , for an applicant—\nfor part 4 , division 1 , see section 32 ; or\nfor part 4 , division 2 , see section 38 .\nretired authority see section 5 (1) .\nretired fishery symbol means the fishery symbols ‘N1’, ‘N2’, ‘N4’ or ‘S’.\nround 1 , for part 2 , division 3 , see section 20 (2) .\nround 2 , for part 2 , division 3 , see section 20 (3) .\nscheme means the scheme set out in this schedule.\nscheme annexure means the document called ‘Fisheries structural adjustment tables’, version 0.2, published on the department’s website.\nsch 57 s 3 def scheme annexure amd 2024 SL No. 13 s 3\nSCM5-ITQ units , for part 3 , division 2 , see section 27 .\nspecial circumstances catch , for an applicant—\nfor part 4 , division 1 , see section 33 ; or\nfor part 4 , division 2 , see section 39 .\nsubstituted period catch , for an applicant—\nfor part 4 , division 1 , see section 32 ; or\nfor part 4 , division 2 , see section 38 .\nsurrender —\nfor a fishery symbol, see section 15 ; or\nfor a primary commercial fishing licence or quota unit—means surrender under the Fisheries Act 1994 .\ntender boat , for a fishery symbol, means a tender boat authorised for use under the fishery symbol under the Fisheries (General) Regulation 2019 , section 32 .\ntype , in relation to a fishery symbol, see section 6 .\nWT5-ITQ units , for part 3 , division 2 , see section 27 .\nsch 57 s 3 ins 2023 SL No. 194 s 45\n- (a) for part 4 , division 1 , see section 36 (2) (b) ; or\n- (b) for part 4 , division 2 , see section 42 (2) (b) .\n- (a) for part 4 , division 1 , see section 32 ; or\n- (b) for part 4 , division 2 , see section 38 .\n- (a) for part 4 , division 1 , see section 33 ; or\n- (b) for part 4 , division 2 , see section 39 .\n- (a) for part 4 , division 1 , see section 32 ; or\n- (b) for part 4 , division 2 , see section 38 .\n- (a) for a fishery symbol, see section 15 ; or\n- (b) for a primary commercial fishing licence or quota unit—means surrender under the Fisheries Act 1994 .","sortOrder":913},{"sectionNumber":"sch.57-sec.4","sectionType":"section","heading":"Meaning of catch history","content":"### sch.57-sec.4 Meaning of catch history\n\nAn applicant has a catch history , in a commercial fishery, if the applicant—\ntook at least 1kg of fish from the commercial fishery under a primary commercial fishing licence during the period starting on 1 September 2021 and ending on 30 June 2023; and\nrecorded the taking of the fish as required under the Fisheries (Commercial Fisheries) Regulation 2019 .\nsch 57 s 4 ins 2023 SL No. 194 s 45\n- (a) took at least 1kg of fish from the commercial fishery under a primary commercial fishing licence during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (b) recorded the taking of the fish as required under the Fisheries (Commercial Fisheries) Regulation 2019 .","sortOrder":914},{"sectionNumber":"sch.57-sec.5","sectionType":"section","heading":"Meaning of holder of retired authority","content":"### sch.57-sec.5 Meaning of holder of retired authority\n\nThis section applies if, immediately before 1 January 2024, the applicant held 1 or more of the following (each a retired authority )—\na primary commercial fishing licence on which a retired fishery symbol was written;\na barramundi unit;\na grey mackerel unit;\na king threadfin unit.\nFrom 1 January 2024, the scheme applies as if—\nif subsection (1) (a) applies—the retired fishery symbol continued to be written on the retired authority while the applicant continues to hold the authority; or\nif subsection (1) (b) , (c) or (d) applies—the applicant continued to hold the retired authority.\nsch 57 s 5 ins 2023 SL No. 194 s 45\n(sch.57-sec.5-ssec.1) This section applies if, immediately before 1 January 2024, the applicant held 1 or more of the following (each a retired authority )— a primary commercial fishing licence on which a retired fishery symbol was written; a barramundi unit; a grey mackerel unit; a king threadfin unit.\n(sch.57-sec.5-ssec.2) From 1 January 2024, the scheme applies as if— if subsection (1) (a) applies—the retired fishery symbol continued to be written on the retired authority while the applicant continues to hold the authority; or if subsection (1) (b) , (c) or (d) applies—the applicant continued to hold the retired authority.\n- (a) a primary commercial fishing licence on which a retired fishery symbol was written;\n- (b) a barramundi unit;\n- (c) a grey mackerel unit;\n- (d) a king threadfin unit.\n- (a) if subsection (1) (a) applies—the retired fishery symbol continued to be written on the retired authority while the applicant continues to hold the authority; or\n- (b) if subsection (1) (b) , (c) or (d) applies—the applicant continued to hold the retired authority.","sortOrder":915},{"sectionNumber":"sch.57-sec.6","sectionType":"section","heading":"Types of fishery symbols","content":"### sch.57-sec.6 Types of fishery symbols\n\nIn this schedule, 2 or more fishery symbols written on a primary commercial fishing licence are the same type of fishery symbol if the symbols are the same fishery symbol and have the same number of tender boats.\nsch 57 s 6 ins 2023 SL No. 194 s 45","sortOrder":916},{"sectionNumber":"sch.57-pt.2","sectionType":"part","heading":"Primary commercial fishing licences and fishery symbols","content":"# Primary commercial fishing licences and fishery symbols","sortOrder":917},{"sectionNumber":"sch.57-pt.2-div.1","sectionType":"division","heading":"N1, N2, N4 and S licences","content":"## N1, N2, N4 and S licences","sortOrder":918},{"sectionNumber":"sch.57-sec.7","sectionType":"section","heading":"Nature of assistance","content":"### sch.57-sec.7 Nature of assistance\n\nThe nature of the assistance that may be given under this division of the scheme is a payment to holders of primary commercial fishing licences on which a retired fishery symbol is written.\nsch 57 s 7 ins 2023 SL No. 194 s 45","sortOrder":919},{"sectionNumber":"sch.57-sec.8","sectionType":"section","heading":"Amount of assistance","content":"### sch.57-sec.8 Amount of assistance\n\nThe amount of assistance that may be given to an applicant who is eligible for assistance under this division of the scheme is—\nfor an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N1’ is written—$35,000; or\nfor an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N2’ is written—$60,000; or\nfor an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N4’ is written—$150,000; or\nfor an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘S’ is written—$7,000.\nsch 57 s 8 ins 2023 SL No. 194 s 45\n- (a) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N1’ is written—$35,000; or\n- (b) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N2’ is written—$60,000; or\n- (c) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N4’ is written—$150,000; or\n- (d) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘S’ is written—$7,000.","sortOrder":920},{"sectionNumber":"sch.57-sec.9","sectionType":"section","heading":"Eligibility criteria","content":"### sch.57-sec.9 Eligibility criteria\n\nAn applicant is eligible for assistance under this division of the scheme if—\nthe applicant holds a primary commercial fishing licence; and\nthe primary commercial fishing licence has 1 or more retired fishery symbols written on it; and\nthe applicant has not received assistance in relation to the same fishery symbol under division 3 .\nFor an application made after 31 December 2023, see section 5 .\nsch 57 s 9 ins 2023 SL No. 194 s 45\n- (a) the applicant holds a primary commercial fishing licence; and\n- (b) the primary commercial fishing licence has 1 or more retired fishery symbols written on it; and\n- (c) the applicant has not received assistance in relation to the same fishery symbol under division 3 .","sortOrder":921},{"sectionNumber":"sch.57-sec.10","sectionType":"section","heading":"Conditions of assistance","content":"### sch.57-sec.10 Conditions of assistance\n\nThe payment of assistance to an applicant under this division of the scheme is subject to the following conditions—\nbefore receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\nthe applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\nthe applicant must not apply to the chief executive to move a fishery symbol the subject of the application;\nthe applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.\nsch 57 s 10 ins 2023 SL No. 194 s 45\n- (a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\n- (c) the applicant must not apply to the chief executive to move a fishery symbol the subject of the application;\n- (d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.","sortOrder":922},{"sectionNumber":"sch.57-pt.2-div.2","sectionType":"division","heading":"K1, K2, K3, K4, K5, K6, K7, K8 and N10 licences","content":"## K1, K2, K3, K4, K5, K6, K7, K8 and N10 licences","sortOrder":923},{"sectionNumber":"sch.57-sec.11","sectionType":"section","heading":"Nature of assistance","content":"### sch.57-sec.11 Nature of assistance\n\nThe nature of the assistance under this division of the scheme is a payment to holders of primary commercial fishing licences with a ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7, ‘K8’ or ‘N10’ fishery symbol written on them to recognise the holders have lost access to particular commercial fisheries in the Great Barrier Reef region.\nsch 57 s 11 ins 2023 SL No. 194 s 45","sortOrder":924},{"sectionNumber":"sch.57-sec.12","sectionType":"section","heading":"Amount of assistance","content":"### sch.57-sec.12 Amount of assistance\n\nThe amount of assistance that may be given to an applicant under this division of the scheme is—\nfor an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7, ‘K8’ is written—$28,000 for each type of fishery symbol mentioned in this paragraph that is written on the licence; or\nfor an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N10’ is written—$28,000.\nsch 57 s 12 ins 2023 SL No. 194 s 45\n- (a) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7, ‘K8’ is written—$28,000 for each type of fishery symbol mentioned in this paragraph that is written on the licence; or\n- (b) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N10’ is written—$28,000.","sortOrder":925},{"sectionNumber":"sch.57-sec.13","sectionType":"section","heading":"Eligibility criteria","content":"### sch.57-sec.13 Eligibility criteria\n\nAn applicant is eligible for assistance under this division of the scheme if—\nthe applicant holds a primary commercial fishing licence on which 1 or more of the fishery symbols ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ and ‘N10’ are written; and\nthe applicant has not received assistance in relation to the same fishery symbol under division 3 .\nsch 57 s 13 ins 2023 SL No. 194 s 45\n- (a) the applicant holds a primary commercial fishing licence on which 1 or more of the fishery symbols ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’ and ‘N10’ are written; and\n- (b) the applicant has not received assistance in relation to the same fishery symbol under division 3 .","sortOrder":926},{"sectionNumber":"sch.57-sec.14","sectionType":"section","heading":"Conditions of assistance","content":"### sch.57-sec.14 Conditions of assistance\n\nThe payment of assistance to an applicant under this division of the scheme is subject to the following conditions—\nbefore receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\nthe applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\nthe applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the day on 30 June 2024;\nthe applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.\nsch 57 s 14 ins 2023 SL No. 194 s 45\namd 2024 SL No. 13 s 4\n- (a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\n- (c) the applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the day on 30 June 2024;\n- (d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.","sortOrder":927},{"sectionNumber":"sch.57-pt.2-div.3","sectionType":"division","heading":"Surrender of primary commercial fishing licences and fishery symbols","content":"## Surrender of primary commercial fishing licences and fishery symbols","sortOrder":928},{"sectionNumber":"sch.57-sec.15","sectionType":"section","heading":"Definitions for division","content":"### sch.57-sec.15 Definitions for division\n\nIn this division—\nclass 1 fishery symbol means the fishery symbols ‘N1’, ‘N2’ or ‘N4’.\nclass 1 licence means a primary commercial fishing licence that—\nhas 1 or more class 1 fishery symbols written on it; and\nhas 1 or more class 2 or 3 fishery symbols written on it.\nclass 2 fishery symbol means the fishery symbols ‘C1’, ‘L1’, ‘L2’, ‘L3’, ‘N11’, ‘RQ’, ‘S’ or ‘SM’.\nclass 2 licence means a primary commercial fishing licence that—\nhas 1 or more class 2 fishery symbols written on it; and\ndoes not have a class 1 or 3 fishery symbol written on it.\nclass 3 fishery symbol means the fishery symbol ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’.\nclass 3 licence means a primary commercial fishing licence that—\nhas 1 or more class 3 fishery symbols written on it; and\ndoes not have a class 1 or 2 fishery symbol written on it.\nsurrender , for a fishery symbol written on a primary commercial fishing licence, means request the chief executive to amend the licence to remove the fishery symbol.\nsch 57 s 15 ins 2023 SL No. 194 s 45\n- (a) has 1 or more class 1 fishery symbols written on it; and\n- (b) has 1 or more class 2 or 3 fishery symbols written on it.\n- (a) has 1 or more class 2 fishery symbols written on it; and\n- (b) does not have a class 1 or 3 fishery symbol written on it.\n- (a) has 1 or more class 3 fishery symbols written on it; and\n- (b) does not have a class 1 or 2 fishery symbol written on it.","sortOrder":929},{"sectionNumber":"sch.57-sec.16","sectionType":"section","heading":"Nature of assistance","content":"### sch.57-sec.16 Nature of assistance\n\nThe nature of the assistance under this division of the scheme is a payment to holders of particular primary commercial fishing licences who decide to surrender the licences or surrender particular fishery symbols written on the licences.\nsch 57 s 16 ins 2023 SL No. 194 s 45","sortOrder":930},{"sectionNumber":"sch.57-sec.17","sectionType":"section","heading":"Amount of assistance","content":"### sch.57-sec.17 Amount of assistance\n\nThe amount of assistance that may be given to an applicant who is eligible for assistance under this division of the scheme is—\nfor an applicant who surrenders a primary commercial fishing licence—$20,000; or\nfor an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N1’ is written—$35,000; or\nfor an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N2’ is written—$60,000; or\nfor an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N4’ is written—$150,000; or\nfor an applicant who surrenders the fishery symbol ‘C1’—$25,000 for each fishery symbol surrendered; or\nfor an applicant who surrenders the fishery symbol ‘L1’ or ‘L2’—\nif there is no tender boat for the fishery symbol—$7,000; or\nif there is 1 tender boat for the fishery symbol—$8,000; or\nif there are 2 tender boats for the fishery symbol—$9,000; or\nif there are 3 tender boats for the fishery symbol—$10,000; or\nif there are 4 tender boats for the fishery symbol—$11,000; or\nif there are 5 tender boats for the fishery symbol—$12,000; or\nif there are 6 tender boats for the fishery symbol—$13,000; or\nfor an applicant who surrenders the fishery symbol ‘L2’ if there are 7 tender boats for the fishery symbol—$14,000; or\nfor an applicant who surrenders the fishery symbol ‘L3’—\nif there is no tender boat for the fishery symbol—$5,000; or\nif there is 1 tender boat for the fishery symbol—$6,000; or\nif there are 2 tender boats for the fishery symbol—$7,000; or\nfor an applicant who surrenders the fishery symbol ‘N11’—$5,000; or\nfor an applicant who surrenders the fishery symbol ‘RQ’—\nif there is no tender boat for the fishery symbol—$8,000; or\nif there is 1 tender boat for the fishery symbol—$10,000; or\nif there are 2 tender boats for the fishery symbol—$16,000; or\nif there are 3 tender boats for the fishery symbol—$18,000; or\nif there are 4 tender boats for the fishery symbol—$20,000; or\nif there are 5 tender boats for the fishery symbol—$22,000; or\nif there are 6 tender boats for the fishery symbol—$24,000; or\nif there are 7 tender boats for the fishery symbol—$26,000; or\nif there are 8 tender boats for the fishery symbol—$28,000; or\nfor an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘S’ is written and who surrenders any other fishery symbol mentioned in this section—$7,000; or\nfor an applicant who surrenders the fishery symbol ‘SM’—\nif there is no tender boat for the fishery symbol—$10,000; or\nif there is 1 tender boat for the fishery symbol—$15,000; or\nif there are 2 tender boats for the fishery symbol—$17,000; or\nif there are 3 tender boats for the fishery symbol—$20,000; or\nif there are 4 tender boats for the fishery symbol—$25,000; or\nif there are 5 tender boats for the fishery symbol—$28,000; or\nif there are 6 tender boats for the fishery symbol—$30,000; or\nfor an applicant who surrenders the fishery symbol ‘T1’ or ‘T2’—$20,000; or\nfor an applicant who surrenders the fishery symbol ‘T5’, ‘T6’, ‘T7’, ‘T8, or ‘T9’—$25,000.\nFor subsection (1) —\nif the applicant surrenders more than 1 fishery symbol of the same type—the applicant may receive assistance for only 1 of the fishery symbols; and\nif the applicant surrenders the applicant’s primary commercial fishing licence—the applicant may receive the assistance mentioned in subsection (1) (a) in addition to assistance for surrender of a fishery symbol written on the licence.\nHowever, an applicant may receive assistance for 2 of the same type of fishery symbol mentioned in subsection(1)(e) if more than 1 fishery symbol of the type is surrendered.\nsch 57 s 17 ins 2023 SL No. 194 s 45\n(sch.57-sec.17-ssec.1) The amount of assistance that may be given to an applicant who is eligible for assistance under this division of the scheme is— for an applicant who surrenders a primary commercial fishing licence—$20,000; or for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N1’ is written—$35,000; or for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N2’ is written—$60,000; or for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N4’ is written—$150,000; or for an applicant who surrenders the fishery symbol ‘C1’—$25,000 for each fishery symbol surrendered; or for an applicant who surrenders the fishery symbol ‘L1’ or ‘L2’— if there is no tender boat for the fishery symbol—$7,000; or if there is 1 tender boat for the fishery symbol—$8,000; or if there are 2 tender boats for the fishery symbol—$9,000; or if there are 3 tender boats for the fishery symbol—$10,000; or if there are 4 tender boats for the fishery symbol—$11,000; or if there are 5 tender boats for the fishery symbol—$12,000; or if there are 6 tender boats for the fishery symbol—$13,000; or for an applicant who surrenders the fishery symbol ‘L2’ if there are 7 tender boats for the fishery symbol—$14,000; or for an applicant who surrenders the fishery symbol ‘L3’— if there is no tender boat for the fishery symbol—$5,000; or if there is 1 tender boat for the fishery symbol—$6,000; or if there are 2 tender boats for the fishery symbol—$7,000; or for an applicant who surrenders the fishery symbol ‘N11’—$5,000; or for an applicant who surrenders the fishery symbol ‘RQ’— if there is no tender boat for the fishery symbol—$8,000; or if there is 1 tender boat for the fishery symbol—$10,000; or if there are 2 tender boats for the fishery symbol—$16,000; or if there are 3 tender boats for the fishery symbol—$18,000; or if there are 4 tender boats for the fishery symbol—$20,000; or if there are 5 tender boats for the fishery symbol—$22,000; or if there are 6 tender boats for the fishery symbol—$24,000; or if there are 7 tender boats for the fishery symbol—$26,000; or if there are 8 tender boats for the fishery symbol—$28,000; or for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘S’ is written and who surrenders any other fishery symbol mentioned in this section—$7,000; or for an applicant who surrenders the fishery symbol ‘SM’— if there is no tender boat for the fishery symbol—$10,000; or if there is 1 tender boat for the fishery symbol—$15,000; or if there are 2 tender boats for the fishery symbol—$17,000; or if there are 3 tender boats for the fishery symbol—$20,000; or if there are 4 tender boats for the fishery symbol—$25,000; or if there are 5 tender boats for the fishery symbol—$28,000; or if there are 6 tender boats for the fishery symbol—$30,000; or for an applicant who surrenders the fishery symbol ‘T1’ or ‘T2’—$20,000; or for an applicant who surrenders the fishery symbol ‘T5’, ‘T6’, ‘T7’, ‘T8, or ‘T9’—$25,000.\n(sch.57-sec.17-ssec.2) For subsection (1) — if the applicant surrenders more than 1 fishery symbol of the same type—the applicant may receive assistance for only 1 of the fishery symbols; and if the applicant surrenders the applicant’s primary commercial fishing licence—the applicant may receive the assistance mentioned in subsection (1) (a) in addition to assistance for surrender of a fishery symbol written on the licence.\n(sch.57-sec.17-ssec.3) However, an applicant may receive assistance for 2 of the same type of fishery symbol mentioned in subsection(1)(e) if more than 1 fishery symbol of the type is surrendered.\n- (a) for an applicant who surrenders a primary commercial fishing licence—$20,000; or\n- (b) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N1’ is written—$35,000; or\n- (c) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N2’ is written—$60,000; or\n- (d) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘N4’ is written—$150,000; or\n- (e) for an applicant who surrenders the fishery symbol ‘C1’—$25,000 for each fishery symbol surrendered; or\n- (f) for an applicant who surrenders the fishery symbol ‘L1’ or ‘L2’— (i) if there is no tender boat for the fishery symbol—$7,000; or (ii) if there is 1 tender boat for the fishery symbol—$8,000; or (iii) if there are 2 tender boats for the fishery symbol—$9,000; or (iv) if there are 3 tender boats for the fishery symbol—$10,000; or (v) if there are 4 tender boats for the fishery symbol—$11,000; or (vi) if there are 5 tender boats for the fishery symbol—$12,000; or (vii) if there are 6 tender boats for the fishery symbol—$13,000; or\n- (i) if there is no tender boat for the fishery symbol—$7,000; or\n- (ii) if there is 1 tender boat for the fishery symbol—$8,000; or\n- (iii) if there are 2 tender boats for the fishery symbol—$9,000; or\n- (iv) if there are 3 tender boats for the fishery symbol—$10,000; or\n- (v) if there are 4 tender boats for the fishery symbol—$11,000; or\n- (vi) if there are 5 tender boats for the fishery symbol—$12,000; or\n- (vii) if there are 6 tender boats for the fishery symbol—$13,000; or\n- (g) for an applicant who surrenders the fishery symbol ‘L2’ if there are 7 tender boats for the fishery symbol—$14,000; or\n- (h) for an applicant who surrenders the fishery symbol ‘L3’— (i) if there is no tender boat for the fishery symbol—$5,000; or (ii) if there is 1 tender boat for the fishery symbol—$6,000; or (iii) if there are 2 tender boats for the fishery symbol—$7,000; or\n- (i) if there is no tender boat for the fishery symbol—$5,000; or\n- (ii) if there is 1 tender boat for the fishery symbol—$6,000; or\n- (iii) if there are 2 tender boats for the fishery symbol—$7,000; or\n- (i) for an applicant who surrenders the fishery symbol ‘N11’—$5,000; or\n- (j) for an applicant who surrenders the fishery symbol ‘RQ’— (i) if there is no tender boat for the fishery symbol—$8,000; or (ii) if there is 1 tender boat for the fishery symbol—$10,000; or (iii) if there are 2 tender boats for the fishery symbol—$16,000; or (iv) if there are 3 tender boats for the fishery symbol—$18,000; or (v) if there are 4 tender boats for the fishery symbol—$20,000; or (vi) if there are 5 tender boats for the fishery symbol—$22,000; or (vii) if there are 6 tender boats for the fishery symbol—$24,000; or (viii) if there are 7 tender boats for the fishery symbol—$26,000; or (ix) if there are 8 tender boats for the fishery symbol—$28,000; or\n- (i) if there is no tender boat for the fishery symbol—$8,000; or\n- (ii) if there is 1 tender boat for the fishery symbol—$10,000; or\n- (iii) if there are 2 tender boats for the fishery symbol—$16,000; or\n- (iv) if there are 3 tender boats for the fishery symbol—$18,000; or\n- (v) if there are 4 tender boats for the fishery symbol—$20,000; or\n- (vi) if there are 5 tender boats for the fishery symbol—$22,000; or\n- (vii) if there are 6 tender boats for the fishery symbol—$24,000; or\n- (viii) if there are 7 tender boats for the fishery symbol—$26,000; or\n- (ix) if there are 8 tender boats for the fishery symbol—$28,000; or\n- (k) for an applicant who holds a primary commercial fishing licence on which the fishery symbol ‘S’ is written and who surrenders any other fishery symbol mentioned in this section—$7,000; or\n- (l) for an applicant who surrenders the fishery symbol ‘SM’— (i) if there is no tender boat for the fishery symbol—$10,000; or (ii) if there is 1 tender boat for the fishery symbol—$15,000; or (iii) if there are 2 tender boats for the fishery symbol—$17,000; or (iv) if there are 3 tender boats for the fishery symbol—$20,000; or (v) if there are 4 tender boats for the fishery symbol—$25,000; or (vi) if there are 5 tender boats for the fishery symbol—$28,000; or (vii) if there are 6 tender boats for the fishery symbol—$30,000; or\n- (i) if there is no tender boat for the fishery symbol—$10,000; or\n- (ii) if there is 1 tender boat for the fishery symbol—$15,000; or\n- (iii) if there are 2 tender boats for the fishery symbol—$17,000; or\n- (iv) if there are 3 tender boats for the fishery symbol—$20,000; or\n- (v) if there are 4 tender boats for the fishery symbol—$25,000; or\n- (vi) if there are 5 tender boats for the fishery symbol—$28,000; or\n- (vii) if there are 6 tender boats for the fishery symbol—$30,000; or\n- (m) for an applicant who surrenders the fishery symbol ‘T1’ or ‘T2’—$20,000; or\n- (n) for an applicant who surrenders the fishery symbol ‘T5’, ‘T6’, ‘T7’, ‘T8, or ‘T9’—$25,000.\n- (i) if there is no tender boat for the fishery symbol—$7,000; or\n- (ii) if there is 1 tender boat for the fishery symbol—$8,000; or\n- (iii) if there are 2 tender boats for the fishery symbol—$9,000; or\n- (iv) if there are 3 tender boats for the fishery symbol—$10,000; or\n- (v) if there are 4 tender boats for the fishery symbol—$11,000; or\n- (vi) if there are 5 tender boats for the fishery symbol—$12,000; or\n- (vii) if there are 6 tender boats for the fishery symbol—$13,000; or\n- (i) if there is no tender boat for the fishery symbol—$5,000; or\n- (ii) if there is 1 tender boat for the fishery symbol—$6,000; or\n- (iii) if there are 2 tender boats for the fishery symbol—$7,000; or\n- (i) if there is no tender boat for the fishery symbol—$8,000; or\n- (ii) if there is 1 tender boat for the fishery symbol—$10,000; or\n- (iii) if there are 2 tender boats for the fishery symbol—$16,000; or\n- (iv) if there are 3 tender boats for the fishery symbol—$18,000; or\n- (v) if there are 4 tender boats for the fishery symbol—$20,000; or\n- (vi) if there are 5 tender boats for the fishery symbol—$22,000; or\n- (vii) if there are 6 tender boats for the fishery symbol—$24,000; or\n- (viii) if there are 7 tender boats for the fishery symbol—$26,000; or\n- (ix) if there are 8 tender boats for the fishery symbol—$28,000; or\n- (i) if there is no tender boat for the fishery symbol—$10,000; or\n- (ii) if there is 1 tender boat for the fishery symbol—$15,000; or\n- (iii) if there are 2 tender boats for the fishery symbol—$17,000; or\n- (iv) if there are 3 tender boats for the fishery symbol—$20,000; or\n- (v) if there are 4 tender boats for the fishery symbol—$25,000; or\n- (vi) if there are 5 tender boats for the fishery symbol—$28,000; or\n- (vii) if there are 6 tender boats for the fishery symbol—$30,000; or\n- (a) if the applicant surrenders more than 1 fishery symbol of the same type—the applicant may receive assistance for only 1 of the fishery symbols; and\n- (b) if the applicant surrenders the applicant’s primary commercial fishing licence—the applicant may receive the assistance mentioned in subsection (1) (a) in addition to assistance for surrender of a fishery symbol written on the licence.","sortOrder":931},{"sectionNumber":"sch.57-sec.18","sectionType":"section","heading":"Eligibility criteria","content":"### sch.57-sec.18 Eligibility criteria\n\nFor an applicant to be eligible to receive assistance under this division in round 1, the applicant—\nmust hold a class 1 licence; and\nmust surrender—\na class 2 or 3 fishery symbol written on the licence; or\nthe applicant’s primary commercial fishing licence; and\nmust not have received assistance for the same type of fishery symbol under division 1 .\nFor an applicant to be eligible to receive assistance under this division in round 2, the applicant—\nmust hold—\na class 2 or 3 licence; or\na primary commercial fishing licence, other than a class 1, 2 or 3 licence; and\nmust surrender—\na class 2 or 3 fishery symbol written on the licence; or\nthe applicant’s primary commercial fishing licence.\nFor the priority in which applications are to be assessed in round 2, see section 21 .\nsch 57 s 18 ins 2023 SL No. 194 s 45\n(sch.57-sec.18-ssec.1) For an applicant to be eligible to receive assistance under this division in round 1, the applicant— must hold a class 1 licence; and must surrender— a class 2 or 3 fishery symbol written on the licence; or the applicant’s primary commercial fishing licence; and must not have received assistance for the same type of fishery symbol under division 1 .\n(sch.57-sec.18-ssec.2) For an applicant to be eligible to receive assistance under this division in round 2, the applicant— must hold— a class 2 or 3 licence; or a primary commercial fishing licence, other than a class 1, 2 or 3 licence; and must surrender— a class 2 or 3 fishery symbol written on the licence; or the applicant’s primary commercial fishing licence. For the priority in which applications are to be assessed in round 2, see section 21 .\n- (a) must hold a class 1 licence; and\n- (b) must surrender— (i) a class 2 or 3 fishery symbol written on the licence; or (ii) the applicant’s primary commercial fishing licence; and\n- (i) a class 2 or 3 fishery symbol written on the licence; or\n- (ii) the applicant’s primary commercial fishing licence; and\n- (c) must not have received assistance for the same type of fishery symbol under division 1 .\n- (i) a class 2 or 3 fishery symbol written on the licence; or\n- (ii) the applicant’s primary commercial fishing licence; and\n- (a) must hold— (i) a class 2 or 3 licence; or (ii) a primary commercial fishing licence, other than a class 1, 2 or 3 licence; and\n- (i) a class 2 or 3 licence; or\n- (ii) a primary commercial fishing licence, other than a class 1, 2 or 3 licence; and\n- (b) must surrender— (i) a class 2 or 3 fishery symbol written on the licence; or (ii) the applicant’s primary commercial fishing licence.\n- (i) a class 2 or 3 fishery symbol written on the licence; or\n- (ii) the applicant’s primary commercial fishing licence.\n- (i) a class 2 or 3 licence; or\n- (ii) a primary commercial fishing licence, other than a class 1, 2 or 3 licence; and\n- (i) a class 2 or 3 fishery symbol written on the licence; or\n- (ii) the applicant’s primary commercial fishing licence.","sortOrder":932},{"sectionNumber":"sch.57-sec.19","sectionType":"section","heading":"Conditions of assistance","content":"### sch.57-sec.19 Conditions of assistance\n\nThe payment of assistance to an applicant under this division of the scheme is subject to the following conditions—\nbefore receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\nthe applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\nthe applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the day on 30 June 2024;\nthe applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application;\nthe applicant must give consent to the authority to give notice to the chief executive of—\nthe surrender of a fishery symbol mentioned in section 18 (1) (b) or (2) (b) or the applicant’s primary commercial fishing licence; and\nthe assistance given to the applicant under this division of the scheme.\nsch 57 s 19 ins 2023 SL No. 194 s 45\namd 2024 SL No. 13 s 5\n- (a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\n- (c) the applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the day on 30 June 2024;\n- (d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application;\n- (e) the applicant must give consent to the authority to give notice to the chief executive of— (i) the surrender of a fishery symbol mentioned in section 18 (1) (b) or (2) (b) or the applicant’s primary commercial fishing licence; and (ii) the assistance given to the applicant under this division of the scheme.\n- (i) the surrender of a fishery symbol mentioned in section 18 (1) (b) or (2) (b) or the applicant’s primary commercial fishing licence; and\n- (ii) the assistance given to the applicant under this division of the scheme.\n- (i) the surrender of a fishery symbol mentioned in section 18 (1) (b) or (2) (b) or the applicant’s primary commercial fishing licence; and\n- (ii) the assistance given to the applicant under this division of the scheme.","sortOrder":933},{"sectionNumber":"sch.57-sec.20","sectionType":"section","heading":"Division to operate in rounds","content":"### sch.57-sec.20 Division to operate in rounds\n\nThis division of the scheme will operate in rounds.\nRound 1 —\nopens on the day stated on the authority’s website as the day the round opens; and\ncloses on 30 April 2024.\nRound 2 —\nopens on 17 May 2024; and\ncloses on 30 June 2024.\nsch 57 s 20 ins 2023 SL No. 194 s 45\namd 2024 SL No. 13 s 6\n(sch.57-sec.20-ssec.1) This division of the scheme will operate in rounds.\n(sch.57-sec.20-ssec.2) Round 1 — opens on the day stated on the authority’s website as the day the round opens; and closes on 30 April 2024.\n(sch.57-sec.20-ssec.3) Round 2 — opens on 17 May 2024; and closes on 30 June 2024.\n- (a) opens on the day stated on the authority’s website as the day the round opens; and\n- (b) closes on 30 April 2024.\n- (a) opens on 17 May 2024; and\n- (b) closes on 30 June 2024.","sortOrder":934},{"sectionNumber":"sch.57-sec.21","sectionType":"section","heading":"Priority of consideration for round 2","content":"### sch.57-sec.21 Priority of consideration for round 2\n\nIn round 2 of this division of the scheme, the authority must consider approving applications for assistance in the following decreasing order of priority—\na class 2 licence;\na primary commercial fishing licence, other than a class 1, 2 or 3 licence;\na class 3 licence.\nsch 57 s 21 ins 2023 SL No. 194 s 45\n- (a) a class 2 licence;\n- (b) a primary commercial fishing licence, other than a class 1, 2 or 3 licence;\n- (c) a class 3 licence.","sortOrder":935},{"sectionNumber":"sch.57-pt.3","sectionType":"part","heading":"Payments for quota units","content":"# Payments for quota units","sortOrder":936},{"sectionNumber":"sch.57-pt.3-div.1","sectionType":"division","heading":"Barramundi, grey mackerel and king threadfin","content":"## Barramundi, grey mackerel and king threadfin","sortOrder":937},{"sectionNumber":"sch.57-sec.22","sectionType":"section","heading":"Definitions for division","content":"### sch.57-sec.22 Definitions for division\n\nIn this division—\nbarramundi units means quota units that are, immediately before 1 January 2024, BM1-ITQ units, BM2-ITQ units, BM3-ITQ units, BM4-ITQ units or BM5-ITQ units.\ngrey mackerel units means quota units that are, immediately before 1 January 2024, GM1-ITQ units, GM2-ITQ units, GM3-ITQ units or GM4-ITQ units.\nking threadfin units means quota units that are, immediately before 1 January 2024, KT1-ITQ units, KT2-ITQ units, KT3-ITQ units, KT4-ITQ units or KT5-ITQ units.\nsch 57 s 22 ins 2023 SL No. 194 s 45","sortOrder":938},{"sectionNumber":"sch.57-sec.23","sectionType":"section","heading":"Nature of the assistance","content":"### sch.57-sec.23 Nature of the assistance\n\nThe nature of the assistance that may be given to an applicant under this division of the scheme is a payment for particular quota units held by the applicant for barramundi, grey mackerel and king threadfin for the Great Barrier Reef or Great Sandy regions.\nsch 57 s 23 ins 2023 SL No. 194 s 45","sortOrder":939},{"sectionNumber":"sch.57-sec.24","sectionType":"section","heading":"Amount of assistance","content":"### sch.57-sec.24 Amount of assistance\n\nThe amount of assistance that may be given to an applicant who is eligible for assistance under this division of the scheme is—\n$17 for each barramundi unit held by the applicant; or\n$25 for each grey mackerel unit held by the applicant; or\n$20 for each king threadfin unit held by the applicant.\nsch 57 s 24 ins 2023 SL No. 194 s 45\n- (a) $17 for each barramundi unit held by the applicant; or\n- (b) $25 for each grey mackerel unit held by the applicant; or\n- (c) $20 for each king threadfin unit held by the applicant.","sortOrder":940},{"sectionNumber":"sch.57-sec.25","sectionType":"section","heading":"Eligibility criteria","content":"### sch.57-sec.25 Eligibility criteria\n\nAn applicant is eligible for assistance under this division of the scheme if the applicant holds 1 or more barramundi units, grey mackerel units or king threadfin units.\nFor an application made after 31 December 2023, see section 5 .\nsch 57 s 25 ins 2023 SL No. 194 s 45","sortOrder":941},{"sectionNumber":"sch.57-sec.26","sectionType":"section","heading":"Conditions of assistance","content":"### sch.57-sec.26 Conditions of assistance\n\nThe payment of assistance to an applicant under this division of the scheme is subject to the following conditions—\nbefore receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\nthe applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\nthe applicant must not sell, lease or transfer a quota unit the subject of the application;\nthe applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.\nsch 57 s 26 ins 2023 SL No. 194 s 45\n- (a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\n- (c) the applicant must not sell, lease or transfer a quota unit the subject of the application;\n- (d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.","sortOrder":942},{"sectionNumber":"sch.57-pt.3-div.2","sectionType":"division","heading":"Grey mackerel, school mackerel and whiting (management region 5)","content":"## Grey mackerel, school mackerel and whiting (management region 5)","sortOrder":943},{"sectionNumber":"sch.57-sec.27","sectionType":"section","heading":"Definitions for division","content":"### sch.57-sec.27 Definitions for division\n\nIn this division—\nGM5-ITQ units means quota units that are GM5-ITQ units.\nSCM5-ITQ units means quota units that are SCM5-ITQ units.\nWT5-ITQ units means quota units that are WT5-ITQ units.\nsch 57 s 27 ins 2023 SL No. 194 s 45","sortOrder":944},{"sectionNumber":"sch.57-sec.28","sectionType":"section","heading":"Nature of the assistance","content":"### sch.57-sec.28 Nature of the assistance\n\nThe nature of the assistance that may be given under this division of the scheme is a payment to holders of particular quota units for grey mackerel, school mackerel and whiting in management region 5 if the holders decide to surrender the quota units.\nIn this section—\nmanagement region 5 means the east coast inshore management region 5 under the Fisheries (Commercial Fisheries) Regulation 2019 .\nsch 57 s 28 ins 2023 SL No. 194 s 45\n(sch.57-sec.28-ssec.1) The nature of the assistance that may be given under this division of the scheme is a payment to holders of particular quota units for grey mackerel, school mackerel and whiting in management region 5 if the holders decide to surrender the quota units.\n(sch.57-sec.28-ssec.2) In this section— management region 5 means the east coast inshore management region 5 under the Fisheries (Commercial Fisheries) Regulation 2019 .","sortOrder":945},{"sectionNumber":"sch.57-sec.29","sectionType":"section","heading":"Amount of assistance","content":"### sch.57-sec.29 Amount of assistance\n\nThe amount of assistance that may be given to an applicant under this division of the scheme is—\n$25 for each GM5-ITQ unit surrendered by the applicant; or\n$20 for each SCM5-ITQ unit surrendered by the applicant; or\n$20 for each WT5-ITQ unit surrendered by the applicant.\nsch 57 s 29 ins 2023 SL No. 194 s 45\n- (a) $25 for each GM5-ITQ unit surrendered by the applicant; or\n- (b) $20 for each SCM5-ITQ unit surrendered by the applicant; or\n- (c) $20 for each WT5-ITQ unit surrendered by the applicant.","sortOrder":946},{"sectionNumber":"sch.57-sec.30","sectionType":"section","heading":"Eligibility criteria","content":"### sch.57-sec.30 Eligibility criteria\n\nAn applicant is eligible for assistance under this division of the scheme if—\nthe applicant holds a quota authority certificate that states the applicant holds 1 or more of the following—\na GM5-ITQ unit;\na SCM5-ITQ unit;\na WT5-ITQ unit; and\nthe applicant surrenders a quota unit mentioned in paragraph (a) .\nsch 57 s 30 ins 2023 SL No. 194 s 45\n- (a) the applicant holds a quota authority certificate that states the applicant holds 1 or more of the following— (i) a GM5-ITQ unit; (ii) a SCM5-ITQ unit; (iii) a WT5-ITQ unit; and\n- (i) a GM5-ITQ unit;\n- (ii) a SCM5-ITQ unit;\n- (iii) a WT5-ITQ unit; and\n- (b) the applicant surrenders a quota unit mentioned in paragraph (a) .\n- (i) a GM5-ITQ unit;\n- (ii) a SCM5-ITQ unit;\n- (iii) a WT5-ITQ unit; and","sortOrder":947},{"sectionNumber":"sch.57-sec.31","sectionType":"section","heading":"Conditions of assistance","content":"### sch.57-sec.31 Conditions of assistance\n\nThe payment of assistance to an applicant under this division of the scheme is subject to the following conditions—\nbefore receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\nthe applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\nthe applicant must not sell, lease or transfer a quota unit the subject of the application before the end of the day on 30 June 2024;\nthe applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application;\nthe applicant must give consent to the authority to give notice to the chief executive of—\nthe surrender mentioned in section 30 (1) (b) ; and\nthe assistance given to the applicant under this division of the scheme.\nsch 57 s 31 ins 2023 SL No. 194 s 45\namd 2024 SL No. 13 s 7\n- (a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\n- (c) the applicant must not sell, lease or transfer a quota unit the subject of the application before the end of the day on 30 June 2024;\n- (d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application;\n- (e) the applicant must give consent to the authority to give notice to the chief executive of— (i) the surrender mentioned in section 30 (1) (b) ; and (ii) the assistance given to the applicant under this division of the scheme.\n- (i) the surrender mentioned in section 30 (1) (b) ; and\n- (ii) the assistance given to the applicant under this division of the scheme.\n- (i) the surrender mentioned in section 30 (1) (b) ; and\n- (ii) the assistance given to the applicant under this division of the scheme.","sortOrder":948},{"sectionNumber":"sch.57-pt.4","sectionType":"part","heading":"Payments for loss of income","content":"# Payments for loss of income","sortOrder":949},{"sectionNumber":"sch.57-pt.4-div.1","sectionType":"division","heading":"Great Barrier Reef region","content":"## Great Barrier Reef region","sortOrder":950},{"sectionNumber":"sch.57-sec.32","sectionType":"section","heading":"Definitions for division","content":"### sch.57-sec.32 Definitions for division\n\nIn this division—\nno fish period , for an applicant, see section 36 (2) (b) .\nrelevant period catch , for an applicant, means the total weight (expressed in kilograms) of fish taken—\neither—\nfrom a commercial fishery in the Great Barrier Reef region under the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on the applicant’s primary commercial fishing licence; or\nfrom a commercial fishery in the east coast inshore management region 1 under the fishery symbol ‘N11’ written on the applicant’s primary commercial fishing licence; and\nduring the period starting on 1 September 2021 and ending on 30 June 2023.\nsch 57 s 32 def relevant period catch amd 2024 SL No. 52 s 26 (1)\nspecial circumstances catch , for an applicant, see section 33 .\nsubstituted period catch , for an applicant, means the total weight (expressed in kilograms) of fish taken—\neither—\nfrom a commercial fishery in the Great Barrier Reef region under the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on the applicant’s primary commercial fishing licence; or\nfrom a commercial fishery in the east coast inshore management region 1 under the fishery symbol ‘N11’ written on the applicant’s primary commercial fishing licence; and\nduring the period starting on 1 July 2022 and ending on 31 August 2022.\nsch 57 s 32 def substituted period catch amd 2024 SL No. 52 s 26 (2)\nsch 57 s 32 ins 2023 SL No. 194 s 45\n- (a) either— (i) from a commercial fishery in the Great Barrier Reef region under the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on the applicant’s primary commercial fishing licence; or (ii) from a commercial fishery in the east coast inshore management region 1 under the fishery symbol ‘N11’ written on the applicant’s primary commercial fishing licence; and\n- (i) from a commercial fishery in the Great Barrier Reef region under the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on the applicant’s primary commercial fishing licence; or\n- (ii) from a commercial fishery in the east coast inshore management region 1 under the fishery symbol ‘N11’ written on the applicant’s primary commercial fishing licence; and\n- (b) during the period starting on 1 September 2021 and ending on 30 June 2023.\n- (i) from a commercial fishery in the Great Barrier Reef region under the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on the applicant’s primary commercial fishing licence; or\n- (ii) from a commercial fishery in the east coast inshore management region 1 under the fishery symbol ‘N11’ written on the applicant’s primary commercial fishing licence; and\n- (a) either— (i) from a commercial fishery in the Great Barrier Reef region under the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on the applicant’s primary commercial fishing licence; or (ii) from a commercial fishery in the east coast inshore management region 1 under the fishery symbol ‘N11’ written on the applicant’s primary commercial fishing licence; and\n- (i) from a commercial fishery in the Great Barrier Reef region under the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on the applicant’s primary commercial fishing licence; or\n- (ii) from a commercial fishery in the east coast inshore management region 1 under the fishery symbol ‘N11’ written on the applicant’s primary commercial fishing licence; and\n- (b) during the period starting on 1 July 2022 and ending on 31 August 2022.\n- (i) from a commercial fishery in the Great Barrier Reef region under the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on the applicant’s primary commercial fishing licence; or\n- (ii) from a commercial fishery in the east coast inshore management region 1 under the fishery symbol ‘N11’ written on the applicant’s primary commercial fishing licence; and","sortOrder":951},{"sectionNumber":"sch.57-sec.33","sectionType":"section","heading":"Meaning of special circumstances catch","content":"### sch.57-sec.33 Meaning of special circumstances catch\n\nThe special circumstances catch , for an applicant, is worked out using the following formula—\nwhere—\nC means the applicant’s special circumstances catch (expressed in kilograms).\nM means the number of months in the period starting on 1 September 2021 and ending on 30 June 2023 in which the applicant caught fish on at least 1 day in the month under the applicant’s primary commercial fishing licence.\nN means the number of months in the applicant’s no fish period (expressed as a whole number).\nR means the applicant’s relevant period catch.\nS means the applicant’s substituted period catch.\nsch 57 s 33 ins 2023 SL No. 194 s 45","sortOrder":952},{"sectionNumber":"sch.57-sec.34","sectionType":"section","heading":"Nature of assistance","content":"### sch.57-sec.34 Nature of assistance\n\nThe nature of the assistance that may be given to an applicant under this division of the scheme is a payment of an amount worked out based on—\nthe applicant’s fishing history under particular fishery symbols in the Great Barrier Reef region; and\nthe projected price of fish in the financial years starting on 1 July 2024, 1 July 2025, and 1 July 2026.\nsch 57 s 34 ins 2023 SL No. 194 s 45\namd 2024 SL No. 52 s 27\n- (a) the applicant’s fishing history under particular fishery symbols in the Great Barrier Reef region; and\n- (b) the projected price of fish in the financial years starting on 1 July 2024, 1 July 2025, and 1 July 2026.","sortOrder":953},{"sectionNumber":"sch.57-sec.35","sectionType":"section","heading":"Amount of assistance","content":"### sch.57-sec.35 Amount of assistance\n\nThe amount of assistance that may be given to an applicant under this division of the scheme is—\nif the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or\nif the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or\nif the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or\nif the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.\nFor subsection (1) , if the applicant is eligible for assistance under section 36 (1) , the amount is the amount worked out, to 2 decimal places, using the following formula—\nwhere—\nA means the amount.\nM means the price multiplier for the fish.\nR means the applicant’s relevant period catch.\nS means the applicant’s substituted period catch.\nFor subsection (1) , if the applicant is eligible for assistance under section 36 (2) , the amount is the amount worked out, to 2 decimal places, using the following formula—\nwhere—\nA means the amount.\nC means the applicant’s special circumstances catch (expressed in kilograms).\nM means the price multiplier for the fish.\nR means the applicant’s relevant period catch.\nS means the applicant’s substituted period catch.\nsch 57 s 35 ins 2023 SL No. 194 s 45\namd 2024 SL No. 13 s 8\n(sch.57-sec.35-ssec.1) The amount of assistance that may be given to an applicant under this division of the scheme is— if the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or if the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or if the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or if the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.\n(sch.57-sec.35-ssec.2) For subsection (1) , if the applicant is eligible for assistance under section 36 (1) , the amount is the amount worked out, to 2 decimal places, using the following formula— where— A means the amount. M means the price multiplier for the fish. R means the applicant’s relevant period catch. S means the applicant’s substituted period catch.\n(sch.57-sec.35-ssec.3) For subsection (1) , if the applicant is eligible for assistance under section 36 (2) , the amount is the amount worked out, to 2 decimal places, using the following formula— where— A means the amount. C means the applicant’s special circumstances catch (expressed in kilograms). M means the price multiplier for the fish. R means the applicant’s relevant period catch. S means the applicant’s substituted period catch.\n- (a) if the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or\n- (b) if the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or\n- (c) if the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or\n- (d) if the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.","sortOrder":954},{"sectionNumber":"sch.57-sec.36","sectionType":"section","heading":"Eligibility criteria","content":"### sch.57-sec.36 Eligibility criteria\n\nAn applicant is eligible for assistance under this division of the scheme if—\nthe applicant—\nheld a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\nhas a catch history in a commercial fishery in the Great Barrier Reef region; or\nthe applicant—\nheld a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\nhas a catch history in a commercial fishery in management region 1; or\nthe applicant—\nleased a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\nprovides evidence of the lease mentioned in subparagraph (i) ; and\nhas a catch history in a commercial fishery in the Great Barrier Reef region; or\nthe applicant—\nleased a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\nprovides evidence of the lease mentioned in subparagraph (i) ; and\nhas a catch history in a commercial fishery in management region 1.\nAlso, an applicant is eligible for assistance under this division of the scheme if—\nthe applicant is eligible for assistance under subsection (1) (a) or (b) ; and\nthe applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period ) during the period starting on 1 September 2021 and ending on 30 June 2023; and\nthe authority is satisfied that a special circumstance applied to the applicant during the no fish period; and\nthe applicant provides evidence of the special circumstance.\nmedical certificate\nFor subsection (2) (c) , special circumstances include—\nillness of the applicant or 1 or more of the applicant’s dependants; and\nnatural disaster; and\nanother circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023.\nHowever, special circumstances do not include—\nrefitting a boat; or\nfishing in another fishery; or\nworking in another industry.\nIn this section—\nmanagement region 1 means the east coast inshore management region 1 under the Fisheries (Commercial Fisheries) Regulation 2019 .\nsch 57 s 36 ins 2023 SL No. 194 s 45\namd 2024 SL No. 13 s 9\n(sch.57-sec.36-ssec.1) An applicant is eligible for assistance under this division of the scheme if— the applicant— held a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and has a catch history in a commercial fishery in the Great Barrier Reef region; or the applicant— held a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and has a catch history in a commercial fishery in management region 1; or the applicant— leased a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and provides evidence of the lease mentioned in subparagraph (i) ; and has a catch history in a commercial fishery in the Great Barrier Reef region; or the applicant— leased a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and provides evidence of the lease mentioned in subparagraph (i) ; and has a catch history in a commercial fishery in management region 1.\n(sch.57-sec.36-ssec.2) Also, an applicant is eligible for assistance under this division of the scheme if— the applicant is eligible for assistance under subsection (1) (a) or (b) ; and the applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period ) during the period starting on 1 September 2021 and ending on 30 June 2023; and the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and the applicant provides evidence of the special circumstance. medical certificate\n(sch.57-sec.36-ssec.3) For subsection (2) (c) , special circumstances include— illness of the applicant or 1 or more of the applicant’s dependants; and natural disaster; and another circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023.\n(sch.57-sec.36-ssec.4) However, special circumstances do not include— refitting a boat; or fishing in another fishery; or working in another industry.\n(sch.57-sec.36-ssec.5) In this section— management region 1 means the east coast inshore management region 1 under the Fisheries (Commercial Fisheries) Regulation 2019 .\n- (a) the applicant— (i) held a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and (ii) has a catch history in a commercial fishery in the Great Barrier Reef region; or\n- (i) held a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (ii) has a catch history in a commercial fishery in the Great Barrier Reef region; or\n- (b) the applicant— (i) held a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and (ii) has a catch history in a commercial fishery in management region 1; or\n- (i) held a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (ii) has a catch history in a commercial fishery in management region 1; or\n- (c) the applicant— (i) leased a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and (ii) provides evidence of the lease mentioned in subparagraph (i) ; and (iii) has a catch history in a commercial fishery in the Great Barrier Reef region; or\n- (i) leased a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (ii) provides evidence of the lease mentioned in subparagraph (i) ; and\n- (iii) has a catch history in a commercial fishery in the Great Barrier Reef region; or\n- (d) the applicant— (i) leased a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and (ii) provides evidence of the lease mentioned in subparagraph (i) ; and (iii) has a catch history in a commercial fishery in management region 1.\n- (i) leased a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (ii) provides evidence of the lease mentioned in subparagraph (i) ; and\n- (iii) has a catch history in a commercial fishery in management region 1.\n- (i) held a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (ii) has a catch history in a commercial fishery in the Great Barrier Reef region; or\n- (i) held a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (ii) has a catch history in a commercial fishery in management region 1; or\n- (i) leased a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’ or ‘K’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (ii) provides evidence of the lease mentioned in subparagraph (i) ; and\n- (iii) has a catch history in a commercial fishery in the Great Barrier Reef region; or\n- (i) leased a primary commercial fishing licence on which the fishery symbol ‘N11’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (ii) provides evidence of the lease mentioned in subparagraph (i) ; and\n- (iii) has a catch history in a commercial fishery in management region 1.\n- (a) the applicant is eligible for assistance under subsection (1) (a) or (b) ; and\n- (b) the applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period ) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (c) the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and\n- (d) the applicant provides evidence of the special circumstance.\n- (a) illness of the applicant or 1 or more of the applicant’s dependants; and\n- (b) natural disaster; and\n- (c) another circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023.\n- (a) refitting a boat; or\n- (b) fishing in another fishery; or\n- (c) working in another industry.","sortOrder":955},{"sectionNumber":"sch.57-sec.37","sectionType":"section","heading":"Conditions of assistance","content":"### sch.57-sec.37 Conditions of assistance\n\nThe payment of assistance to an applicant under this division of the scheme is subject to the following conditions—\nbefore receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\nthe applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\nthe applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the day on 30 June 2024;\nthe applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.\nsch 57 s 37 ins 2023 SL No. 194 s 45\namd 2024 SL No. 13 s 10\n- (a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\n- (c) the applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the day on 30 June 2024;\n- (d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.","sortOrder":956},{"sectionNumber":"sch.57-pt.4-div.2","sectionType":"division","heading":"Great Sandy region","content":"## Great Sandy region","sortOrder":957},{"sectionNumber":"sch.57-sec.38","sectionType":"section","heading":"Definitions for division","content":"### sch.57-sec.38 Definitions for division\n\nIn this division—\nno fish period , for an applicant, see section 42 (2) (b) .\nrelevant grid site means an area shown, on a relevant map for a fishery, as a Fisheries Queensland 6 minute grid site for the fishery.\nrelevant map , for a fishery, means—\nfor a crab pot fishery—the map in part 1.2 of the scheme annexure; or\nfor a line fishery—the map in part 1.3 of the scheme annexure; or\nfor a net fishery—the map in part 1.4 of the scheme annexure; or\nfor a trawl fishery—the map in part 1.1 of the scheme annexure.\nrelevant period catch , for an applicant, means the amount worked out by—\nmultiplying the total weight of each species of fish (expressed in kilograms) taken by the applicant under the applicant’s primary commercial fishing licence in each relevant grid site inside, or partly inside, the Great Sandy region during the period starting on 1 September 2021 and ending on 30 June 2023 by the percentage stated in the relevant grid site for the fishery; and\nadding the result for each relevant grid site mentioned in paragraph (a) .\nspecial circumstances catch , for an applicant, see section 39 .\nsubstituted period catch , for an applicant, means the amount worked out by—\nmultiplying the total weight of the fish (expressed in kilograms) taken by the applicant under the applicant’s primary commercial fishing licence in each relevant grid site for the fishery during the period starting on 1 July 2022 and ending on 31 August 2022 by the percentage stated in the relevant grid site for the fishery; and\nadding the result for each relevant grid site mentioned in paragraph (a) .\nsch 57 s 38 def substituted period catch amd 2024 SL No. 13 s 11\nsch 57 s 38 ins 2023 SL No. 194 s 45\n- (a) for a crab pot fishery—the map in part 1.2 of the scheme annexure; or\n- (b) for a line fishery—the map in part 1.3 of the scheme annexure; or\n- (c) for a net fishery—the map in part 1.4 of the scheme annexure; or\n- (d) for a trawl fishery—the map in part 1.1 of the scheme annexure.\n- (a) multiplying the total weight of each species of fish (expressed in kilograms) taken by the applicant under the applicant’s primary commercial fishing licence in each relevant grid site inside, or partly inside, the Great Sandy region during the period starting on 1 September 2021 and ending on 30 June 2023 by the percentage stated in the relevant grid site for the fishery; and\n- (b) adding the result for each relevant grid site mentioned in paragraph (a) .\n- (a) multiplying the total weight of the fish (expressed in kilograms) taken by the applicant under the applicant’s primary commercial fishing licence in each relevant grid site for the fishery during the period starting on 1 July 2022 and ending on 31 August 2022 by the percentage stated in the relevant grid site for the fishery; and\n- (b) adding the result for each relevant grid site mentioned in paragraph (a) .","sortOrder":958},{"sectionNumber":"sch.57-sec.39","sectionType":"section","heading":"Meaning of special circumstances catch","content":"### sch.57-sec.39 Meaning of special circumstances catch\n\nThe special circumstances catch , for an applicant, is worked out using the following formula—\nwhere—\nC means the applicant’s special circumstances catch (expressed in kilograms).\nM means the number of months during the period starting on 1 September 2021 and ending on 30 June 2023 in which the applicant caught fish on at least 1 day in the month under the primary commercial fishing licence.\nN means the number of months in the applicant’s no fish period (expressed as a whole number).\nR means the applicant’s relevant period catch.\nS means the applicant’s substituted period catch.\nsch 57 s 39 ins 2023 SL No. 194 s 45","sortOrder":959},{"sectionNumber":"sch.57-sec.40","sectionType":"section","heading":"Nature of assistance","content":"### sch.57-sec.40 Nature of assistance\n\nThe nature of the assistance that may be given to an applicant under this division of the scheme is a payment of amount worked out based on—\nthe applicant’s fishing history in the Great Sandy region; and\nthe projected price of fish in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026; and\nchanges to zoning and management in the Great Sandy region under the Marine Parks Act 2004 that—\nrelate to the replacement of the Marine Parks (Great Sandy) Zoning Plan 2017 ; and\naffect, or are likely to affect, the applicant.\nsch 57 s 40 ins 2023 SL No. 194 s 45\n- (a) the applicant’s fishing history in the Great Sandy region; and\n- (b) the projected price of fish in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026; and\n- (c) changes to zoning and management in the Great Sandy region under the Marine Parks Act 2004 that— (i) relate to the replacement of the Marine Parks (Great Sandy) Zoning Plan 2017 ; and (ii) affect, or are likely to affect, the applicant.\n- (i) relate to the replacement of the Marine Parks (Great Sandy) Zoning Plan 2017 ; and\n- (ii) affect, or are likely to affect, the applicant.\n- (i) relate to the replacement of the Marine Parks (Great Sandy) Zoning Plan 2017 ; and\n- (ii) affect, or are likely to affect, the applicant.","sortOrder":960},{"sectionNumber":"sch.57-sec.41","sectionType":"section","heading":"Amount of assistance","content":"### sch.57-sec.41 Amount of assistance\n\nThe amount of assistance that may be given to an applicant under this division of the scheme is—\nif the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or\nif the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or\nif the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or\nif the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.\nFor subsection (1) , if the applicant is eligible for assistance under section 42 (1) , the amount is the amount worked out, to 2 decimal places, using the following formula—\nwhere—\nA means the amount.\nM means the price multiplier for the fish.\nR means the applicant’s relevant period catch.\nS means the applicant’s substituted period catch.\nFor subsection (1) , if the applicant is eligible for assistance under section 42 (2) , the amount is the amount worked out, to 2 decimal places, using the following formula—\nwhere—\nA means the amount.\nC means the applicant’s special circumstances catch (expressed in kilograms).\nM means the price multiplier for the fish.\nR means the applicant’s relevant period catch.\nS means the applicant’s substituted period catch.\nsch 57 s 41 ins 2023 SL No. 194 s 45\n(sch.57-sec.41-ssec.1) The amount of assistance that may be given to an applicant under this division of the scheme is— if the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or if the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or if the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or if the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.\n(sch.57-sec.41-ssec.2) For subsection (1) , if the applicant is eligible for assistance under section 42 (1) , the amount is the amount worked out, to 2 decimal places, using the following formula— where— A means the amount. M means the price multiplier for the fish. R means the applicant’s relevant period catch. S means the applicant’s substituted period catch.\n(sch.57-sec.41-ssec.3) For subsection (1) , if the applicant is eligible for assistance under section 42 (2) , the amount is the amount worked out, to 2 decimal places, using the following formula— where— A means the amount. C means the applicant’s special circumstances catch (expressed in kilograms). M means the price multiplier for the fish. R means the applicant’s relevant period catch. S means the applicant’s substituted period catch.\n- (a) if the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or\n- (b) if the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or\n- (c) if the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or\n- (d) if the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.","sortOrder":961},{"sectionNumber":"sch.57-sec.42","sectionType":"section","heading":"Eligibility criteria","content":"### sch.57-sec.42 Eligibility criteria\n\nAn applicant is eligible for assistance under this division of the scheme if—\nthe applicant—\nheld a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023—\n‘C1’, ‘C2’;\n‘K8’;\n‘L1’, ‘L2,’, ‘L3’;\n‘N1’, ‘N2’, ‘N10’, ‘N11’;\n‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’; and\nhas a catch history in a commercial fishery in the Great Sandy region; or\nthe applicant—\nleased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (1)(a)(i) was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\nprovides evidence of the lease mentioned in subparagraph (i) ; and\nhas a catch history in a commercial fishery in the Great Sandy region.\nAlso, an applicant is eligible for assistance under this division of the scheme if—\nthe applicant is eligible for assistance under subsection (1) (a) or (b) ; and\nthe applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period ) during the period starting on 1 September 2021 and ending on 30 June 2023; and\nthe authority is satisfied that a special circumstance applied to the applicant during the no fish period; and\nthe applicant provides evidence of the special circumstance.\nmedical certificate\nFor subsection (2) (c) , special circumstances include—\nillness of the applicant or 1 or more of the applicant’s dependants; and\nnatural disaster; and\nanother circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023.\nHowever, special circumstances do not include—\nrefitting a boat; or\nfishing in another fishery; or\nworking in another industry.\nsch 57 s 42 ins 2023 SL No. 194 s 45\namd 2024 SL No. 13 s 12\n(sch.57-sec.42-ssec.1) An applicant is eligible for assistance under this division of the scheme if— the applicant— held a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023— ‘C1’, ‘C2’; ‘K8’; ‘L1’, ‘L2,’, ‘L3’; ‘N1’, ‘N2’, ‘N10’, ‘N11’; ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’; and has a catch history in a commercial fishery in the Great Sandy region; or the applicant— leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (1)(a)(i) was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and provides evidence of the lease mentioned in subparagraph (i) ; and has a catch history in a commercial fishery in the Great Sandy region.\n(sch.57-sec.42-ssec.2) Also, an applicant is eligible for assistance under this division of the scheme if— the applicant is eligible for assistance under subsection (1) (a) or (b) ; and the applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period ) during the period starting on 1 September 2021 and ending on 30 June 2023; and the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and the applicant provides evidence of the special circumstance. medical certificate\n(sch.57-sec.42-ssec.3) For subsection (2) (c) , special circumstances include— illness of the applicant or 1 or more of the applicant’s dependants; and natural disaster; and another circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023.\n(sch.57-sec.42-ssec.4) However, special circumstances do not include— refitting a boat; or fishing in another fishery; or working in another industry.\n- (a) the applicant— (i) held a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023— (A) ‘C1’, ‘C2’; (B) ‘K8’; (C) ‘L1’, ‘L2,’, ‘L3’; (D) ‘N1’, ‘N2’, ‘N10’, ‘N11’; (E) ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’; and (ii) has a catch history in a commercial fishery in the Great Sandy region; or\n- (i) held a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023— (A) ‘C1’, ‘C2’; (B) ‘K8’; (C) ‘L1’, ‘L2,’, ‘L3’; (D) ‘N1’, ‘N2’, ‘N10’, ‘N11’; (E) ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’; and\n- (A) ‘C1’, ‘C2’;\n- (B) ‘K8’;\n- (C) ‘L1’, ‘L2,’, ‘L3’;\n- (D) ‘N1’, ‘N2’, ‘N10’, ‘N11’;\n- (E) ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’; and\n- (ii) has a catch history in a commercial fishery in the Great Sandy region; or\n- (b) the applicant— (i) leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (1)(a)(i) was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and (ii) provides evidence of the lease mentioned in subparagraph (i) ; and (iii) has a catch history in a commercial fishery in the Great Sandy region.\n- (i) leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (1)(a)(i) was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (ii) provides evidence of the lease mentioned in subparagraph (i) ; and\n- (iii) has a catch history in a commercial fishery in the Great Sandy region.\n- (i) held a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023— (A) ‘C1’, ‘C2’; (B) ‘K8’; (C) ‘L1’, ‘L2,’, ‘L3’; (D) ‘N1’, ‘N2’, ‘N10’, ‘N11’; (E) ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’; and\n- (A) ‘C1’, ‘C2’;\n- (B) ‘K8’;\n- (C) ‘L1’, ‘L2,’, ‘L3’;\n- (D) ‘N1’, ‘N2’, ‘N10’, ‘N11’;\n- (E) ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’; and\n- (ii) has a catch history in a commercial fishery in the Great Sandy region; or\n- (A) ‘C1’, ‘C2’;\n- (B) ‘K8’;\n- (C) ‘L1’, ‘L2,’, ‘L3’;\n- (D) ‘N1’, ‘N2’, ‘N10’, ‘N11’;\n- (E) ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’; and\n- (i) leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (1)(a)(i) was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (ii) provides evidence of the lease mentioned in subparagraph (i) ; and\n- (iii) has a catch history in a commercial fishery in the Great Sandy region.\n- (a) the applicant is eligible for assistance under subsection (1) (a) or (b) ; and\n- (b) the applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period ) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (c) the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and\n- (d) the applicant provides evidence of the special circumstance.\n- (a) illness of the applicant or 1 or more of the applicant’s dependants; and\n- (b) natural disaster; and\n- (c) another circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023.\n- (a) refitting a boat; or\n- (b) fishing in another fishery; or\n- (c) working in another industry.","sortOrder":962},{"sectionNumber":"sch.57-sec.43","sectionType":"section","heading":"Conditions of assistance","content":"### sch.57-sec.43 Conditions of assistance\n\nThe payment to an applicant for assistance under this division of the scheme is subject to the following conditions—\nbefore receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\nthe applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\nthe applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the day on 30 June 2024;\nthe applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.\nsch 57 s 43 ins 2023 SL No. 194 s 45\namd 2024 SL No. 13 s 13\n- (a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\n- (c) the applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the day on 30 June 2024;\n- (d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.","sortOrder":963},{"sectionNumber":"sch.57-pt.5","sectionType":"part","heading":"Grant for advice related to scheme","content":"# Grant for advice related to scheme","sortOrder":964},{"sectionNumber":"sch.57-sec.44","sectionType":"section","heading":"Nature of assistance","content":"### sch.57-sec.44 Nature of assistance\n\nThe nature of the assistance that may be given to an applicant under this part of the scheme is a grant to obtain legal or financial assistance in relation to the scheme.\nsch 57 s 44 ins 2023 SL No. 194 s 45","sortOrder":965},{"sectionNumber":"sch.57-sec.45","sectionType":"section","heading":"Amount of assistance","content":"### sch.57-sec.45 Amount of assistance\n\nThe amount of assistance that may be given to an applicant under this part of the scheme is a grant of $3,000 for each primary commercial fishing licence held by the applicant.\nsch 57 s 45 ins 2023 SL No. 194 s 45","sortOrder":966},{"sectionNumber":"sch.57-sec.46","sectionType":"section","heading":"Eligibility criteria","content":"### sch.57-sec.46 Eligibility criteria\n\nAn applicant is eligible for assistance under this part of the scheme if—\nthe applicant—\nholds a primary commercial fishing licence that has the fishery symbol ‘N1’, ‘N2’ or ‘N4’ (each an eligible symbol ) written on it; and\nhas a catch history in a commercial fishery in the Great Barrier Reef region or Great Sandy region; or\nthe applicant—\nleases a primary commercial fishing licence on which an eligible symbol is written; and\nleased a primary commercial fishing licence on which an eligible symbol was written for the whole of the period starting on 1 September 2021 and ending on 30 June 2023; and\nprovides evidence of the lease mentioned in subparagraph (ii) ; and\nhas a catch history in a commercial fishery in the Great Barrier Reef region or Great Sandy region.\nHowever, the applicant is not eligible if an applicant has already received assistance under this part for the same primary commercial fishing licence or eligible symbol.\nsch 57 s 46 ins 2023 SL No. 194 s 45\n(sch.57-sec.46-ssec.1) An applicant is eligible for assistance under this part of the scheme if— the applicant— holds a primary commercial fishing licence that has the fishery symbol ‘N1’, ‘N2’ or ‘N4’ (each an eligible symbol ) written on it; and has a catch history in a commercial fishery in the Great Barrier Reef region or Great Sandy region; or the applicant— leases a primary commercial fishing licence on which an eligible symbol is written; and leased a primary commercial fishing licence on which an eligible symbol was written for the whole of the period starting on 1 September 2021 and ending on 30 June 2023; and provides evidence of the lease mentioned in subparagraph (ii) ; and has a catch history in a commercial fishery in the Great Barrier Reef region or Great Sandy region.\n(sch.57-sec.46-ssec.2) However, the applicant is not eligible if an applicant has already received assistance under this part for the same primary commercial fishing licence or eligible symbol.\n- (a) the applicant— (i) holds a primary commercial fishing licence that has the fishery symbol ‘N1’, ‘N2’ or ‘N4’ (each an eligible symbol ) written on it; and (ii) has a catch history in a commercial fishery in the Great Barrier Reef region or Great Sandy region; or\n- (i) holds a primary commercial fishing licence that has the fishery symbol ‘N1’, ‘N2’ or ‘N4’ (each an eligible symbol ) written on it; and\n- (ii) has a catch history in a commercial fishery in the Great Barrier Reef region or Great Sandy region; or\n- (b) the applicant— (i) leases a primary commercial fishing licence on which an eligible symbol is written; and (ii) leased a primary commercial fishing licence on which an eligible symbol was written for the whole of the period starting on 1 September 2021 and ending on 30 June 2023; and (iii) provides evidence of the lease mentioned in subparagraph (ii) ; and (iv) has a catch history in a commercial fishery in the Great Barrier Reef region or Great Sandy region.\n- (i) leases a primary commercial fishing licence on which an eligible symbol is written; and\n- (ii) leased a primary commercial fishing licence on which an eligible symbol was written for the whole of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (iii) provides evidence of the lease mentioned in subparagraph (ii) ; and\n- (iv) has a catch history in a commercial fishery in the Great Barrier Reef region or Great Sandy region.\n- (i) holds a primary commercial fishing licence that has the fishery symbol ‘N1’, ‘N2’ or ‘N4’ (each an eligible symbol ) written on it; and\n- (ii) has a catch history in a commercial fishery in the Great Barrier Reef region or Great Sandy region; or\n- (i) leases a primary commercial fishing licence on which an eligible symbol is written; and\n- (ii) leased a primary commercial fishing licence on which an eligible symbol was written for the whole of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (iii) provides evidence of the lease mentioned in subparagraph (ii) ; and\n- (iv) has a catch history in a commercial fishery in the Great Barrier Reef region or Great Sandy region.","sortOrder":967},{"sectionNumber":"sch.57-sec.47","sectionType":"section","heading":"Conditions of assistance","content":"### sch.57-sec.47 Conditions of assistance\n\nThe payment of assistance to an applicant under this division of the scheme is subject to the condition the applicant gives consent to the chief executive to share with the authority the applicant’s fishing data to the extent the fishing data is relevant to the application.\nsch 57 s 47 ins 2023 SL No. 194 s 45","sortOrder":968},{"sectionNumber":"sch.57-pt.6","sectionType":"part","heading":"Applications","content":"# Applications","sortOrder":969},{"sectionNumber":"sch.57-sec.48","sectionType":"section","heading":"Requirements for applications","content":"### sch.57-sec.48 Requirements for applications\n\nAn application for assistance under the scheme must—\nbe made on the approved form; and\nbe accompanied by the documents stated on the application form; and\nbe given to the authority—\non or after the day stated on the authority’s website as the day the scheme opens; and\nbefore the closing day.\nAn application may made by an applicant—\nif more than 1 person is a holder of the primary commercial fishing licence or quota unit—with the consent of each other holder of the primary commercial fishing licence or quota unit; or\nif a public company is the holder of the primary commercial fishing licence or quota unit—with the consent of a director of the public company.\nIf the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\nIn this section—\nclosing day means—\nfor an application for assistance in round 1 for part 2 , division 3 —30 April 2024; or\nfor another application—30 June 2024.\nsch 57 s 48 ins 2023 SL No. 194 s 45\namd 2024 SL No. 13 s 14\n(sch.57-sec.48-ssec.1) An application for assistance under the scheme must— be made on the approved form; and be accompanied by the documents stated on the application form; and be given to the authority— on or after the day stated on the authority’s website as the day the scheme opens; and before the closing day.\n(sch.57-sec.48-ssec.2) An application may made by an applicant— if more than 1 person is a holder of the primary commercial fishing licence or quota unit—with the consent of each other holder of the primary commercial fishing licence or quota unit; or if a public company is the holder of the primary commercial fishing licence or quota unit—with the consent of a director of the public company.\n(sch.57-sec.48-ssec.3) If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\n(sch.57-sec.48-ssec.4) In this section— closing day means— for an application for assistance in round 1 for part 2 , division 3 —30 April 2024; or for another application—30 June 2024.\n- (a) be made on the approved form; and\n- (b) be accompanied by the documents stated on the application form; and\n- (c) be given to the authority— (i) on or after the day stated on the authority’s website as the day the scheme opens; and (ii) before the closing day.\n- (i) on or after the day stated on the authority’s website as the day the scheme opens; and\n- (ii) before the closing day.\n- (i) on or after the day stated on the authority’s website as the day the scheme opens; and\n- (ii) before the closing day.\n- (a) if more than 1 person is a holder of the primary commercial fishing licence or quota unit—with the consent of each other holder of the primary commercial fishing licence or quota unit; or\n- (b) if a public company is the holder of the primary commercial fishing licence or quota unit—with the consent of a director of the public company.\n- (a) for an application for assistance in round 1 for part 2 , division 3 —30 April 2024; or\n- (b) for another application—30 June 2024.","sortOrder":970},{"sectionNumber":"sch.57-sec.49","sectionType":"section","heading":"Deciding applications","content":"### sch.57-sec.49 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under a part or division of the scheme.\nHowever, the authority does not need to consider an application that does not comply with section 48 (1) .\nThe authority must decide applications in the order they are received by the authority, subject to section 21 .\nThe authority must refuse to approve an application for assistance under a part or division of the scheme if the authority’s assistance funds for the assistance are not sufficient to pay for the assistance.\nIf the authority refuses to approve an application for assistance, the authority must give the applicant written notice of the decision.\nsch 57 s 49 ins 2023 SL No. 194 s 45\n(sch.57-sec.49-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under a part or division of the scheme.\n(sch.57-sec.49-ssec.2) However, the authority does not need to consider an application that does not comply with section 48 (1) .\n(sch.57-sec.49-ssec.3) The authority must decide applications in the order they are received by the authority, subject to section 21 .\n(sch.57-sec.49-ssec.4) The authority must refuse to approve an application for assistance under a part or division of the scheme if the authority’s assistance funds for the assistance are not sufficient to pay for the assistance.\n(sch.57-sec.49-ssec.5) If the authority refuses to approve an application for assistance, the authority must give the applicant written notice of the decision.","sortOrder":971},{"sectionNumber":"sch.58-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":972},{"sectionNumber":"sch.58-sec.1","sectionType":"section","heading":"Objectives of scheme","content":"### sch.58-sec.1 Objectives of scheme\n\nThe objectives of the scheme are—\nto provide assistance to former skippers and crew members who have been, or will be, affected by changes to fisheries in the Great Barrier Reef region, Great Sandy region or Gulf region to replace approximately 4 weeks of income the former skippers and crew members would have been projected to earn if the changes had not been made to the fisheries; and\nto encourage holders of primary commercial fishing licences with the fishery symbol ‘N3’ written on them to surrender their primary commercial fishing licences or the fishery symbol ‘N3’; and\nto provide assistance to holders of particular primary commercial fishing licences to replace income the holder would have been projected to earn from fishing in commercial fisheries in Gulf gillnet-free areas in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026; and\nto provide assistance to the holders and lessees of particular primary commercial fishing licences to replace income the holder or lessee would have been projected to earn in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026 from fishing in the part of the aquarium fish fishery that will be affected by the changes to zoning or management related to the commencement of the Marine Parks (Great Sandy) Zoning Plan 2024 ; and\nto provide assistance to the holders and lessees of particular primary commercial fishing licences who are not otherwise eligible for assistance to replace income the holder or lessee would have been projected to earn from fishing for hammerhead sharks in east coast fisheries in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026.\n- (a) to provide assistance to former skippers and crew members who have been, or will be, affected by changes to fisheries in the Great Barrier Reef region, Great Sandy region or Gulf region to replace approximately 4 weeks of income the former skippers and crew members would have been projected to earn if the changes had not been made to the fisheries; and\n- (b) to encourage holders of primary commercial fishing licences with the fishery symbol ‘N3’ written on them to surrender their primary commercial fishing licences or the fishery symbol ‘N3’; and\n- (c) to provide assistance to holders of particular primary commercial fishing licences to replace income the holder would have been projected to earn from fishing in commercial fisheries in Gulf gillnet-free areas in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026; and\n- (d) to provide assistance to the holders and lessees of particular primary commercial fishing licences to replace income the holder or lessee would have been projected to earn in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026 from fishing in the part of the aquarium fish fishery that will be affected by the changes to zoning or management related to the commencement of the Marine Parks (Great Sandy) Zoning Plan 2024 ; and\n- (e) to provide assistance to the holders and lessees of particular primary commercial fishing licences who are not otherwise eligible for assistance to replace income the holder or lessee would have been projected to earn from fishing for hammerhead sharks in east coast fisheries in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026.","sortOrder":973},{"sectionNumber":"sch.58-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.58-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to support holders or lessees of particular primary commercial fishing licences and their former skippers and crew members who are affected by, or are likely to be affected by—\nthe closure of particular fisheries in the Great Barrier Reef region under the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or\nthe changes to particular fisheries in the Gulf of Carpentaria made under the Fisheries (Structural Reform Stage 2) and Other Legislation Amendment Regulation 2024 , part 2 ; or\nthe implementation of changes under the Marine Parks Act 2004 to zoning or management of the Great Sandy region related to the commencement of the Marine Parks (Great Sandy) Zoning Plan 2024 .\n- (a) the closure of particular fisheries in the Great Barrier Reef region under the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or\n- (b) the changes to particular fisheries in the Gulf of Carpentaria made under the Fisheries (Structural Reform Stage 2) and Other Legislation Amendment Regulation 2024 , part 2 ; or\n- (c) the implementation of changes under the Marine Parks Act 2004 to zoning or management of the Great Sandy region related to the commencement of the Marine Parks (Great Sandy) Zoning Plan 2024 .","sortOrder":974},{"sectionNumber":"sch.58-sec.3","sectionType":"section","heading":"Definitions","content":"### sch.58-sec.3 Definitions\n\nIn this schedule—\napplicant means an entity applying for assistance under the scheme.\naquarium fish fishery see the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 7A , part 1 .\nauthorised boat , for a primary commercial fishing licence, for part 2 , see section 4 .\nclosing day see section 32 (3) .\ncommercial fishery means a fishery under the Fisheries (Commercial Fisheries) Regulation 2019 .\ncommercial fishing licence , for part 2 , see section 4 .\neast coast fishery means a commercial fishery other than a commercial fishery in the Gulf region.\nfish see the Fisheries Act 1994 , section 5 .\nfishery symbol has the meaning given by the Fisheries (General) Regulation 2019 .\nfishing data means information given to the chief executive under the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 5 or 6 .\nformer crew member , for part 2 , see section 7 (2) or 8 (2) .\nformer skipper , for part 2 , see section 7 (1) or 8 (1) .\nGreat Barrier Reef region means east coast inshore management regions 1 to 4 under the Fisheries (Commercial Fisheries) Regulation 2019 .\nGreat Sandy region means the area of the Great Sandy Marine Park under the Marine Parks Act 2004 .\nGulf gillnet-free area see section 14 .\nGulf region means the Gulf of Carpentaria waters under the Fisheries Declaration 2019 , schedule 1 , part 2 .\nhold , in relation to a primary commercial fishing licence, includes holding a suspended primary commercial fishing licence.\nholder , of a primary commercial fishing licence, means the person to whom the licence is issued or transferred, other than temporarily transferred, under the Fisheries Act 1994 .\nmove , for a fishery symbol written on a primary commercial fishing licence, means move the fishery symbol to another primary commercial fishing licence under the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 3 , part 4 , division 2 .\nno fish period , for an applicant—\nfor part 4 , see section 18 (2) (b) ; or\nfor part 5 , see section 24 (2) (b) ; or\nfor part 6 , see section 30 (2) (b) .\nprimary commercial fishing licence means a primary commercial fishing licence issued under the Fisheries Act 1994 .\nrelevant grid site —\nfor part 4 , see section 14 ; or\nfor part 5 , see section 20 .\nrelevant map , for part 4 , see section 14 .\nrelevant period catch , for an applicant—\nfor part 4 , see section 14 ; or\nfor part 5 , see section 20 ; or\nfor part 6 , see section 26 .\nscheme means the scheme set out in this schedule.\nscheme document means the document called ‘Fisheries structural adjustment tables—Stage 2’, version 1.0, published on the department’s website.\nspecial circumstances catch , for an applicant—\nfor part 4 , see section 15 ; or\nfor part 5 , see section 21 ; or\nfor part 6 , see section 27 .\nsubstituted period catch , for an applicant—\nfor part 5 , see section 20 ; or\nfor part 6 , see section 26 .\nsurrender —\nfor a fishery symbol written on a primary commercial fishing licence—means request the chief executive to amend the licence to remove the fishery symbol; or\nfor a primary commercial fishing licence—means surrender under the Fisheries Act 1994 .\n- (a) for part 4 , see section 18 (2) (b) ; or\n- (b) for part 5 , see section 24 (2) (b) ; or\n- (c) for part 6 , see section 30 (2) (b) .\n- (a) for part 4 , see section 14 ; or\n- (b) for part 5 , see section 20 .\n- (a) for part 4 , see section 14 ; or\n- (b) for part 5 , see section 20 ; or\n- (c) for part 6 , see section 26 .\n- (a) for part 4 , see section 15 ; or\n- (b) for part 5 , see section 21 ; or\n- (c) for part 6 , see section 27 .\n- (a) for part 5 , see section 20 ; or\n- (b) for part 6 , see section 26 .\n- (a) for a fishery symbol written on a primary commercial fishing licence—means request the chief executive to amend the licence to remove the fishery symbol; or\n- (b) for a primary commercial fishing licence—means surrender under the Fisheries Act 1994 .","sortOrder":975},{"sectionNumber":"sch.58-pt.2","sectionType":"part","heading":"Former skippers and crew members","content":"# Former skippers and crew members","sortOrder":976},{"sectionNumber":"sch.58-sec.4","sectionType":"section","heading":"Definitions for part","content":"### sch.58-sec.4 Definitions for part\n\nIn this part—\nauthorised boat , for a primary commercial fishing licence, see the Fisheries (Commercial Fisheries) Regulation 2019 , schedule 11 .\ncommercial fishing licence means a commercial fishing licence issued under the Fisheries Act 1994 .\nformer crew member see section 7 (2) or 8 (2) .\nformer skipper see section 7 (1) or 8 (1) .","sortOrder":977},{"sectionNumber":"sch.58-sec.5","sectionType":"section","heading":"Nature of assistance","content":"### sch.58-sec.5 Nature of assistance\n\nThe nature of the assistance that may be given to a former skipper or crew member under this part of the scheme is a payment to replace approximately 4 weeks of income that the former skipper or crew member would have been expected to earn if—\nthe primary commercial fishing licence under which they fished had not been surrendered by the holder of the primary commercial fishing licence; or\nthe fishery symbol ‘N3’ that was written on the primary commercial fishing licence under which they fished had not been surrendered by the holder of the primary commercial fishing licence; or\nthe fishery in which they fished had not been affected by—\nthe Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or\nthe Fisheries (Structural Reform Stage 2) and Other Legislation Amendment Regulation 2024 , part 2 ; or\nthe implementation of changes under the Marine Parks Act 2004 to zoning or management of the Great Sandy region related to the commencement of the Marine Parks (Great Sandy) Zoning Plan 2024 .\n- (a) the primary commercial fishing licence under which they fished had not been surrendered by the holder of the primary commercial fishing licence; or\n- (b) the fishery symbol ‘N3’ that was written on the primary commercial fishing licence under which they fished had not been surrendered by the holder of the primary commercial fishing licence; or\n- (c) the fishery in which they fished had not been affected by— (i) the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or (ii) the Fisheries (Structural Reform Stage 2) and Other Legislation Amendment Regulation 2024 , part 2 ; or (iii) the implementation of changes under the Marine Parks Act 2004 to zoning or management of the Great Sandy region related to the commencement of the Marine Parks (Great Sandy) Zoning Plan 2024 .\n- (i) the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or\n- (ii) the Fisheries (Structural Reform Stage 2) and Other Legislation Amendment Regulation 2024 , part 2 ; or\n- (iii) the implementation of changes under the Marine Parks Act 2004 to zoning or management of the Great Sandy region related to the commencement of the Marine Parks (Great Sandy) Zoning Plan 2024 .\n- (i) the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or\n- (ii) the Fisheries (Structural Reform Stage 2) and Other Legislation Amendment Regulation 2024 , part 2 ; or\n- (iii) the implementation of changes under the Marine Parks Act 2004 to zoning or management of the Great Sandy region related to the commencement of the Marine Parks (Great Sandy) Zoning Plan 2024 .","sortOrder":978},{"sectionNumber":"sch.58-sec.6","sectionType":"section","heading":"Amount of assistance","content":"### sch.58-sec.6 Amount of assistance\n\nThe amount of assistance that may be given to an applicant under this part of the scheme is—\nif the applicant is a former skipper—$10,000; or\nif the applicant is a former crew member—$8,000.\n- (a) if the applicant is a former skipper—$10,000; or\n- (b) if the applicant is a former crew member—$8,000.","sortOrder":979},{"sectionNumber":"sch.58-sec.7","sectionType":"section","heading":"Eligibility criteria—Gulf region","content":"### sch.58-sec.7 Eligibility criteria—Gulf region\n\nAn applicant (a former skipper ) is eligible for assistance under this part of the scheme if—\non the same 20 days between 1 February 2024 and 17 May 2024 (both days inclusive)—\nthe former skipper was employed to fish at sea on an authorised boat for a primary commercial fishing licence; and\nthe primary commercial fishing licence had the fishery symbol ‘N3’ written on it; and\nthe former skipper held a commercial fisher licence; and\nthe holder of the primary commercial fishing licence surrendered, under part 3 —\nthe primary commercial fishing licence; or\nthe fishery symbol ‘N3’ that was written on the licence; and\nthe former skipper is unemployed on at least 1 day after 17 May 2024; and\nthe former skipper can demonstrate the matters mentioned in paragraphs (a)(i) and (iii) and (c) to the satisfaction of the authority.\nAn applicant (a former crew member ) is eligible for assistance under this part of the scheme if—\non the same 20 days between 1 February 2024 and 17 May 2024 (both days inclusive)—\nthe former crew member was employed to fish at sea on an authorised boat for a primary commercial fishing licence; and\nthe primary commercial fishing licence had the fishery symbol ‘N3’ written on it; and\nthe holder of the primary commercial fishing licence surrendered, under part 3 —\nthe primary commercial fishing licence; or\nthe fishery symbol ‘N3’ that was written on the licence; and\nthe former crew member is unemployed on at least 1 day after 17 May 2024; and\nthe former crew member can demonstrate the matters mentioned in paragraphs (a)(i) and (c) to the satisfaction of the authority.\nAn applicant is ineligible for assistance under this part if—\nthe applicant—\nis the holder of a primary commercial fishing licence; and\nis eligible for assistance under another part of this scheme or the scheme set out in schedule 57 ; or\nthe applicant has already received a payment under this part.\nAlso, an applicant is ineligible for assistance under subsection (2) if the applicant is eligible for assistance under subsection (1) .\n(sch.58-sec.7-ssec.1) An applicant (a former skipper ) is eligible for assistance under this part of the scheme if— on the same 20 days between 1 February 2024 and 17 May 2024 (both days inclusive)— the former skipper was employed to fish at sea on an authorised boat for a primary commercial fishing licence; and the primary commercial fishing licence had the fishery symbol ‘N3’ written on it; and the former skipper held a commercial fisher licence; and the holder of the primary commercial fishing licence surrendered, under part 3 — the primary commercial fishing licence; or the fishery symbol ‘N3’ that was written on the licence; and the former skipper is unemployed on at least 1 day after 17 May 2024; and the former skipper can demonstrate the matters mentioned in paragraphs (a)(i) and (iii) and (c) to the satisfaction of the authority.\n(sch.58-sec.7-ssec.2) An applicant (a former crew member ) is eligible for assistance under this part of the scheme if— on the same 20 days between 1 February 2024 and 17 May 2024 (both days inclusive)— the former crew member was employed to fish at sea on an authorised boat for a primary commercial fishing licence; and the primary commercial fishing licence had the fishery symbol ‘N3’ written on it; and the holder of the primary commercial fishing licence surrendered, under part 3 — the primary commercial fishing licence; or the fishery symbol ‘N3’ that was written on the licence; and the former crew member is unemployed on at least 1 day after 17 May 2024; and the former crew member can demonstrate the matters mentioned in paragraphs (a)(i) and (c) to the satisfaction of the authority.\n(sch.58-sec.7-ssec.3) An applicant is ineligible for assistance under this part if— the applicant— is the holder of a primary commercial fishing licence; and is eligible for assistance under another part of this scheme or the scheme set out in schedule 57 ; or the applicant has already received a payment under this part.\n(sch.58-sec.7-ssec.4) Also, an applicant is ineligible for assistance under subsection (2) if the applicant is eligible for assistance under subsection (1) .\n- (a) on the same 20 days between 1 February 2024 and 17 May 2024 (both days inclusive)— (i) the former skipper was employed to fish at sea on an authorised boat for a primary commercial fishing licence; and (ii) the primary commercial fishing licence had the fishery symbol ‘N3’ written on it; and (iii) the former skipper held a commercial fisher licence; and\n- (i) the former skipper was employed to fish at sea on an authorised boat for a primary commercial fishing licence; and\n- (ii) the primary commercial fishing licence had the fishery symbol ‘N3’ written on it; and\n- (iii) the former skipper held a commercial fisher licence; and\n- (b) the holder of the primary commercial fishing licence surrendered, under part 3 — (i) the primary commercial fishing licence; or (ii) the fishery symbol ‘N3’ that was written on the licence; and\n- (i) the primary commercial fishing licence; or\n- (ii) the fishery symbol ‘N3’ that was written on the licence; and\n- (c) the former skipper is unemployed on at least 1 day after 17 May 2024; and\n- (d) the former skipper can demonstrate the matters mentioned in paragraphs (a)(i) and (iii) and (c) to the satisfaction of the authority.\n- (i) the former skipper was employed to fish at sea on an authorised boat for a primary commercial fishing licence; and\n- (ii) the primary commercial fishing licence had the fishery symbol ‘N3’ written on it; and\n- (iii) the former skipper held a commercial fisher licence; and\n- (i) the primary commercial fishing licence; or\n- (ii) the fishery symbol ‘N3’ that was written on the licence; and\n- (a) on the same 20 days between 1 February 2024 and 17 May 2024 (both days inclusive)— (i) the former crew member was employed to fish at sea on an authorised boat for a primary commercial fishing licence; and (ii) the primary commercial fishing licence had the fishery symbol ‘N3’ written on it; and\n- (i) the former crew member was employed to fish at sea on an authorised boat for a primary commercial fishing licence; and\n- (ii) the primary commercial fishing licence had the fishery symbol ‘N3’ written on it; and\n- (b) the holder of the primary commercial fishing licence surrendered, under part 3 — (i) the primary commercial fishing licence; or (ii) the fishery symbol ‘N3’ that was written on the licence; and\n- (i) the primary commercial fishing licence; or\n- (ii) the fishery symbol ‘N3’ that was written on the licence; and\n- (c) the former crew member is unemployed on at least 1 day after 17 May 2024; and\n- (d) the former crew member can demonstrate the matters mentioned in paragraphs (a)(i) and (c) to the satisfaction of the authority.\n- (i) the former crew member was employed to fish at sea on an authorised boat for a primary commercial fishing licence; and\n- (ii) the primary commercial fishing licence had the fishery symbol ‘N3’ written on it; and\n- (i) the primary commercial fishing licence; or\n- (ii) the fishery symbol ‘N3’ that was written on the licence; and\n- (a) the applicant— (i) is the holder of a primary commercial fishing licence; and (ii) is eligible for assistance under another part of this scheme or the scheme set out in schedule 57 ; or\n- (i) is the holder of a primary commercial fishing licence; and\n- (ii) is eligible for assistance under another part of this scheme or the scheme set out in schedule 57 ; or\n- (b) the applicant has already received a payment under this part.\n- (i) is the holder of a primary commercial fishing licence; and\n- (ii) is eligible for assistance under another part of this scheme or the scheme set out in schedule 57 ; or","sortOrder":980},{"sectionNumber":"sch.58-sec.8","sectionType":"section","heading":"Eligibility criteria—Great Barrier Reef and Great Sandy regions","content":"### sch.58-sec.8 Eligibility criteria—Great Barrier Reef and Great Sandy regions\n\nAn applicant (a former skipper ) is eligible for assistance under this part of the scheme if—\non the same 20 days between 5 June 2023 and 31 December 2023 (both days inclusive)—\nthe former skipper was employed to fish at sea on an authorised boat for a primary commercial fishing licence; and\nthe former skipper held a commercial fisher licence; and\nthe holder of the primary commercial fishing licence on which the authorised boat is identified is eligible for any of the following assistance—\nassistance under part 4 , division 1 or 2 of the scheme set out in schedule 57 ;\nassistance under part 5 or 6 of this scheme; and\nthe former skipper was unemployed on at least 1 day after 31 December 2023; and\nthe former skipper can demonstrate the matters mentioned in paragraphs (a)(i) and (ii) and (c) to the satisfaction of the authority.\nAn applicant (a former crew member ) is eligible for assistance under this part of the scheme if—\nthe former crew member was employed on 20 days between 5 June 2023 and 31 December 2023 (both days inclusive) to fish at sea on an authorised boat for a primary commercial fishing licence; and\nthe holder of the primary commercial fishing licence on which the authorised boat is identified is eligible for any of the following assistance—\nassistance under part 4 , division 1 or 2 of the scheme set out in schedule 57 ;\nassistance under part 5 or 6 of this scheme; and\nthe former crew member is unemployed on at least 1 day after 31 December 2023; and\nthe former crew member can demonstrate the matters mentioned in paragraphs (a) and (c) to the satisfaction of the authority.\nAn applicant is ineligible for assistance under this part if—\nthe applicant—\nis the holder of a primary commercial fishing licence; and\nis eligible for assistance under another part of this scheme or the scheme set out in schedule 57 ; or\nthe applicant has already received assistance under this part.\nAlso, an applicant is ineligible for assistance under subsection (2) if the applicant is eligible for assistance under subsection (1) .\n(sch.58-sec.8-ssec.1) An applicant (a former skipper ) is eligible for assistance under this part of the scheme if— on the same 20 days between 5 June 2023 and 31 December 2023 (both days inclusive)— the former skipper was employed to fish at sea on an authorised boat for a primary commercial fishing licence; and the former skipper held a commercial fisher licence; and the holder of the primary commercial fishing licence on which the authorised boat is identified is eligible for any of the following assistance— assistance under part 4 , division 1 or 2 of the scheme set out in schedule 57 ; assistance under part 5 or 6 of this scheme; and the former skipper was unemployed on at least 1 day after 31 December 2023; and the former skipper can demonstrate the matters mentioned in paragraphs (a)(i) and (ii) and (c) to the satisfaction of the authority.\n(sch.58-sec.8-ssec.2) An applicant (a former crew member ) is eligible for assistance under this part of the scheme if— the former crew member was employed on 20 days between 5 June 2023 and 31 December 2023 (both days inclusive) to fish at sea on an authorised boat for a primary commercial fishing licence; and the holder of the primary commercial fishing licence on which the authorised boat is identified is eligible for any of the following assistance— assistance under part 4 , division 1 or 2 of the scheme set out in schedule 57 ; assistance under part 5 or 6 of this scheme; and the former crew member is unemployed on at least 1 day after 31 December 2023; and the former crew member can demonstrate the matters mentioned in paragraphs (a) and (c) to the satisfaction of the authority.\n(sch.58-sec.8-ssec.3) An applicant is ineligible for assistance under this part if— the applicant— is the holder of a primary commercial fishing licence; and is eligible for assistance under another part of this scheme or the scheme set out in schedule 57 ; or the applicant has already received assistance under this part.\n(sch.58-sec.8-ssec.4) Also, an applicant is ineligible for assistance under subsection (2) if the applicant is eligible for assistance under subsection (1) .\n- (a) on the same 20 days between 5 June 2023 and 31 December 2023 (both days inclusive)— (i) the former skipper was employed to fish at sea on an authorised boat for a primary commercial fishing licence; and (ii) the former skipper held a commercial fisher licence; and\n- (i) the former skipper was employed to fish at sea on an authorised boat for a primary commercial fishing licence; and\n- (ii) the former skipper held a commercial fisher licence; and\n- (b) the holder of the primary commercial fishing licence on which the authorised boat is identified is eligible for any of the following assistance— (i) assistance under part 4 , division 1 or 2 of the scheme set out in schedule 57 ; (ii) assistance under part 5 or 6 of this scheme; and\n- (i) assistance under part 4 , division 1 or 2 of the scheme set out in schedule 57 ;\n- (ii) assistance under part 5 or 6 of this scheme; and\n- (c) the former skipper was unemployed on at least 1 day after 31 December 2023; and\n- (d) the former skipper can demonstrate the matters mentioned in paragraphs (a)(i) and (ii) and (c) to the satisfaction of the authority.\n- (i) the former skipper was employed to fish at sea on an authorised boat for a primary commercial fishing licence; and\n- (ii) the former skipper held a commercial fisher licence; and\n- (i) assistance under part 4 , division 1 or 2 of the scheme set out in schedule 57 ;\n- (ii) assistance under part 5 or 6 of this scheme; and\n- (a) the former crew member was employed on 20 days between 5 June 2023 and 31 December 2023 (both days inclusive) to fish at sea on an authorised boat for a primary commercial fishing licence; and\n- (b) the holder of the primary commercial fishing licence on which the authorised boat is identified is eligible for any of the following assistance— (i) assistance under part 4 , division 1 or 2 of the scheme set out in schedule 57 ; (ii) assistance under part 5 or 6 of this scheme; and\n- (i) assistance under part 4 , division 1 or 2 of the scheme set out in schedule 57 ;\n- (ii) assistance under part 5 or 6 of this scheme; and\n- (c) the former crew member is unemployed on at least 1 day after 31 December 2023; and\n- (d) the former crew member can demonstrate the matters mentioned in paragraphs (a) and (c) to the satisfaction of the authority.\n- (i) assistance under part 4 , division 1 or 2 of the scheme set out in schedule 57 ;\n- (ii) assistance under part 5 or 6 of this scheme; and\n- (a) the applicant— (i) is the holder of a primary commercial fishing licence; and (ii) is eligible for assistance under another part of this scheme or the scheme set out in schedule 57 ; or\n- (i) is the holder of a primary commercial fishing licence; and\n- (ii) is eligible for assistance under another part of this scheme or the scheme set out in schedule 57 ; or\n- (b) the applicant has already received assistance under this part.\n- (i) is the holder of a primary commercial fishing licence; and\n- (ii) is eligible for assistance under another part of this scheme or the scheme set out in schedule 57 ; or","sortOrder":981},{"sectionNumber":"sch.58-sec.9","sectionType":"section","heading":"Conditions of assistance","content":"### sch.58-sec.9 Conditions of assistance\n\nThe payment to a former skipper or crew member under this part of the scheme is subject to the following conditions—\nthe applicant must, before receiving the assistance, give the authority the boat mark for the authorised boat on which the applicant was employed to fish;\nif the applicant is a former skipper—the applicant must give consent for the chief executive to give the authority a copy of part of the authorities register to the extent it is relevant to the application.\nIn this section—\nauthorities register means the register kept by the chief executive of authorities issued by the chief executive under the Fisheries Act 1994 .\nboat mark , for an authorised boat, see the Fisheries (Commercial Fisheries) Regulation 2019 , section 25 .\n(sch.58-sec.9-ssec.1) The payment to a former skipper or crew member under this part of the scheme is subject to the following conditions— the applicant must, before receiving the assistance, give the authority the boat mark for the authorised boat on which the applicant was employed to fish; if the applicant is a former skipper—the applicant must give consent for the chief executive to give the authority a copy of part of the authorities register to the extent it is relevant to the application.\n(sch.58-sec.9-ssec.2) In this section— authorities register means the register kept by the chief executive of authorities issued by the chief executive under the Fisheries Act 1994 . boat mark , for an authorised boat, see the Fisheries (Commercial Fisheries) Regulation 2019 , section 25 .\n- (a) the applicant must, before receiving the assistance, give the authority the boat mark for the authorised boat on which the applicant was employed to fish;\n- (b) if the applicant is a former skipper—the applicant must give consent for the chief executive to give the authority a copy of part of the authorities register to the extent it is relevant to the application.","sortOrder":982},{"sectionNumber":"sch.58-pt.3","sectionType":"part","heading":"Surrender of primary commercial fishing licence and N3 fishery symbol—Gulf region","content":"# Surrender of primary commercial fishing licence and N3 fishery symbol—Gulf region","sortOrder":983},{"sectionNumber":"sch.58-sec.10","sectionType":"section","heading":"Nature of assistance","content":"### sch.58-sec.10 Nature of assistance\n\nThe nature of the assistance under this part of the scheme is a payment to holders of particular primary commercial fishing licences who decide to surrender the licence or the fishery symbol ‘N3’ written on the licence.","sortOrder":984},{"sectionNumber":"sch.58-sec.11","sectionType":"section","heading":"Amount of assistance","content":"### sch.58-sec.11 Amount of assistance\n\nThe amount of assistance that may be given to an applicant who is eligible for assistance under this part of the scheme is—\nfor an applicant who surrenders a primary commercial fishing licence—$20,000; or\nfor an applicant who surrenders the fishery symbol ‘N3’—$100,000.\n- (a) for an applicant who surrenders a primary commercial fishing licence—$20,000; or\n- (b) for an applicant who surrenders the fishery symbol ‘N3’—$100,000.","sortOrder":985},{"sectionNumber":"sch.58-sec.12","sectionType":"section","heading":"Eligibility criteria","content":"### sch.58-sec.12 Eligibility criteria\n\nFor an applicant to be eligible to receive assistance under this part of the scheme, the applicant must—\nsurrender—\na primary commercial fishing licence; or\nthe fishery symbol ‘N3’; and\ndemonstrate to the satisfaction of the authority that the primary commercial fishing licence or fishery symbol has been surrendered.\n- (a) surrender— (i) a primary commercial fishing licence; or (ii) the fishery symbol ‘N3’; and\n- (i) a primary commercial fishing licence; or\n- (ii) the fishery symbol ‘N3’; and\n- (b) demonstrate to the satisfaction of the authority that the primary commercial fishing licence or fishery symbol has been surrendered.\n- (i) a primary commercial fishing licence; or\n- (ii) the fishery symbol ‘N3’; and","sortOrder":986},{"sectionNumber":"sch.58-sec.13","sectionType":"section","heading":"Conditions of assistance","content":"### sch.58-sec.13 Conditions of assistance\n\nThe payment of assistance to an applicant under this part of the scheme is subject to the following conditions—\nthe applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application;\nthe applicant must give consent to the authority to give notice to the chief executive of the assistance given to the applicant under this part of the scheme.\n- (a) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application;\n- (b) the applicant must give consent to the authority to give notice to the chief executive of the assistance given to the applicant under this part of the scheme.","sortOrder":987},{"sectionNumber":"sch.58-pt.4","sectionType":"part","heading":"N3 and N11 licences—Gulf region","content":"# N3 and N11 licences—Gulf region","sortOrder":988},{"sectionNumber":"sch.58-sec.14","sectionType":"section","heading":"Definitions for part","content":"### sch.58-sec.14 Definitions for part\n\nIn this part—\nGulf gillnet-free area means the following regulated waters under the Fisheries Declaration 2019 , schedule 1 , part 2 —\nnorthern Gulf waters;\nPormpuraaw waters;\nTopsy Creek;\nNorman River;\nwestern Gulf waters.\nno fish period , for an applicant, see section 18 (2) (b) .\nrelevant grid site means an area of a commercial fishery shown on a relevant map as a Fisheries Queensland 6 minute grid site where catch will be affected, on 17 May 2024, when the area becomes part of a Gulf gillnet-free area.\nrelevant map means a map in part 2.2 – 2 .6 of the scheme document.\nrelevant period catch , for an applicant, means the amount worked out by—\nmultiplying the total weight (expressed in kilograms) of fish taken, under the fishery symbol ‘N3’ or ‘N11’ written on the applicant’s primary commercial fishing licence, in each relevant grid site during the period starting on 1 July 2019 and ending on 30 June 2023 by the percentage stated in the relevant map for the relevant grid site; and\nadding the result for each relevant grid site mentioned in paragraph (a) .\nspecial circumstances catch , for an applicant, see section 15 .\n- (a) northern Gulf waters;\n- (b) Pormpuraaw waters;\n- (c) Topsy Creek;\n- (d) Norman River;\n- (e) western Gulf waters.\n- (a) multiplying the total weight (expressed in kilograms) of fish taken, under the fishery symbol ‘N3’ or ‘N11’ written on the applicant’s primary commercial fishing licence, in each relevant grid site during the period starting on 1 July 2019 and ending on 30 June 2023 by the percentage stated in the relevant map for the relevant grid site; and\n- (b) adding the result for each relevant grid site mentioned in paragraph (a) .","sortOrder":989},{"sectionNumber":"sch.58-sec.15","sectionType":"section","heading":"Meaning of special circumstances catch","content":"### sch.58-sec.15 Meaning of special circumstances catch\n\nThe special circumstances catch , for an applicant, is worked out using the following formula—\nwhere—\nC means the applicant’s special circumstances catch (expressed in kilograms).\nM means the number of months in the period starting on 1 July 2019 and ending on 30 June 2023 in which fish were taken on at least 1 day in the month under the applicant’s primary commercial fishing licence.\nN means the number of months in the applicant’s no fish period (expressed as a whole number).\nR means the applicant’s relevant period catch.","sortOrder":990},{"sectionNumber":"sch.58-sec.16","sectionType":"section","heading":"Nature of assistance","content":"### sch.58-sec.16 Nature of assistance\n\nThe nature of the assistance that may be given to an applicant under this part of the scheme is a payment of an amount worked out based on—\nthe fish taken, under particular fishery symbols written on the applicant’s primary commercial fishing licence, from a relevant grid site between 1 July 2019 and 30 June 2023; and\nthe projected price of fish in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026.\n- (a) the fish taken, under particular fishery symbols written on the applicant’s primary commercial fishing licence, from a relevant grid site between 1 July 2019 and 30 June 2023; and\n- (b) the projected price of fish in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026.","sortOrder":991},{"sectionNumber":"sch.58-sec.17","sectionType":"section","heading":"Amount of assistance","content":"### sch.58-sec.17 Amount of assistance\n\nThe amount of assistance that may be given to an applicant under this part of the scheme is—\nif the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or\nif the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or\nif the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or\nif the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.\nFor subsection (1) , if the applicant is eligible for assistance under section 18 (1) , the amount is the amount worked out, to 2 decimal places, using the following formula—\nwhere—\nA means the amount.\nM means the price multiplier for the fish.\nR means the applicant’s relevant period catch.\nFor subsection (1) , if the applicant is eligible for assistance under section 18 (2) , the amount is the amount worked out, to 2 decimal places, using the following formula—\nwhere—\nA means the amount.\nC means the applicant’s special circumstances catch.\nM means the price multiplier for the fish.\nR means the applicant’s relevant period catch.\nIn this section—\nprice multiplier , for a fish, means the number stated in part 3 of the scheme document opposite the fish.\n(sch.58-sec.17-ssec.1) The amount of assistance that may be given to an applicant under this part of the scheme is— if the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or if the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or if the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or if the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.\n(sch.58-sec.17-ssec.2) For subsection (1) , if the applicant is eligible for assistance under section 18 (1) , the amount is the amount worked out, to 2 decimal places, using the following formula— where— A means the amount. M means the price multiplier for the fish. R means the applicant’s relevant period catch.\n(sch.58-sec.17-ssec.3) For subsection (1) , if the applicant is eligible for assistance under section 18 (2) , the amount is the amount worked out, to 2 decimal places, using the following formula— where— A means the amount. C means the applicant’s special circumstances catch. M means the price multiplier for the fish. R means the applicant’s relevant period catch.\n(sch.58-sec.17-ssec.4) In this section— price multiplier , for a fish, means the number stated in part 3 of the scheme document opposite the fish.\n- (a) if the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or\n- (b) if the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or\n- (c) if the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or\n- (d) if the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.","sortOrder":992},{"sectionNumber":"sch.58-sec.18","sectionType":"section","heading":"Eligibility criteria","content":"### sch.58-sec.18 Eligibility criteria\n\nAn applicant is eligible for assistance under this part of the scheme if—\nthe applicant held a primary commercial fishing licence on which the fishery symbol ‘N3’ or ‘N11’ was written for all or part of the period starting on 1 July 2019 and ending on 30 June 2023; and\nat least 1kg of fish was taken—\nunder the primary commercial fishing licence when the fishery symbol ‘N3’ or ‘N11’ was written on the licence; and\nfrom a relevant grid site; and\nduring the period starting on 1 July 2019 and ending on 30 June 2023; and\nthe taking of the fish was recorded as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and\nthe applicant holds a primary commercial fishing licence on which the fishery symbol ‘N3’ is written.\nAlso, an applicant is eligible for assistance under this part of the scheme if—\nthe applicant is eligible for assistance under subsection (1) ; and\nthe applicant’s fishing data shows that no fish were taken under the applicant’s primary commercial fishing licence in at least 6 consecutive months (the no fish period ) during the period starting on 1 July 2019 and ending on 30 June 2023; and\nthe authority is satisfied that a special circumstance applied to the applicant during the no fish period; and\nthe applicant provides evidence of the special circumstance.\nmedical certificate\nFor subsection (2) (c) , special circumstances include—\nillness of the applicant or 1 or more of the applicant’s dependants; and\nnatural disaster; and\nanother circumstance that prevented fish being taken under the applicant’s primary commercial fishing licence during the no fish period.\nHowever, special circumstances do not include—\nrefitting a boat; or\nfishing in another fishery; or\nworking in another industry.\n(sch.58-sec.18-ssec.1) An applicant is eligible for assistance under this part of the scheme if— the applicant held a primary commercial fishing licence on which the fishery symbol ‘N3’ or ‘N11’ was written for all or part of the period starting on 1 July 2019 and ending on 30 June 2023; and at least 1kg of fish was taken— under the primary commercial fishing licence when the fishery symbol ‘N3’ or ‘N11’ was written on the licence; and from a relevant grid site; and during the period starting on 1 July 2019 and ending on 30 June 2023; and the taking of the fish was recorded as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and the applicant holds a primary commercial fishing licence on which the fishery symbol ‘N3’ is written.\n(sch.58-sec.18-ssec.2) Also, an applicant is eligible for assistance under this part of the scheme if— the applicant is eligible for assistance under subsection (1) ; and the applicant’s fishing data shows that no fish were taken under the applicant’s primary commercial fishing licence in at least 6 consecutive months (the no fish period ) during the period starting on 1 July 2019 and ending on 30 June 2023; and the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and the applicant provides evidence of the special circumstance. medical certificate\n(sch.58-sec.18-ssec.3) For subsection (2) (c) , special circumstances include— illness of the applicant or 1 or more of the applicant’s dependants; and natural disaster; and another circumstance that prevented fish being taken under the applicant’s primary commercial fishing licence during the no fish period.\n(sch.58-sec.18-ssec.4) However, special circumstances do not include— refitting a boat; or fishing in another fishery; or working in another industry.\n- (a) the applicant held a primary commercial fishing licence on which the fishery symbol ‘N3’ or ‘N11’ was written for all or part of the period starting on 1 July 2019 and ending on 30 June 2023; and\n- (b) at least 1kg of fish was taken— (i) under the primary commercial fishing licence when the fishery symbol ‘N3’ or ‘N11’ was written on the licence; and (ii) from a relevant grid site; and (iii) during the period starting on 1 July 2019 and ending on 30 June 2023; and\n- (i) under the primary commercial fishing licence when the fishery symbol ‘N3’ or ‘N11’ was written on the licence; and\n- (ii) from a relevant grid site; and\n- (iii) during the period starting on 1 July 2019 and ending on 30 June 2023; and\n- (c) the taking of the fish was recorded as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and\n- (d) the applicant holds a primary commercial fishing licence on which the fishery symbol ‘N3’ is written.\n- (i) under the primary commercial fishing licence when the fishery symbol ‘N3’ or ‘N11’ was written on the licence; and\n- (ii) from a relevant grid site; and\n- (iii) during the period starting on 1 July 2019 and ending on 30 June 2023; and\n- (a) the applicant is eligible for assistance under subsection (1) ; and\n- (b) the applicant’s fishing data shows that no fish were taken under the applicant’s primary commercial fishing licence in at least 6 consecutive months (the no fish period ) during the period starting on 1 July 2019 and ending on 30 June 2023; and\n- (c) the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and\n- (d) the applicant provides evidence of the special circumstance. Example— medical certificate\n- (a) illness of the applicant or 1 or more of the applicant’s dependants; and\n- (b) natural disaster; and\n- (c) another circumstance that prevented fish being taken under the applicant’s primary commercial fishing licence during the no fish period.\n- (a) refitting a boat; or\n- (b) fishing in another fishery; or\n- (c) working in another industry.","sortOrder":993},{"sectionNumber":"sch.58-sec.19","sectionType":"section","heading":"Conditions of assistance","content":"### sch.58-sec.19 Conditions of assistance\n\nThe payment of assistance to an applicant under this part of the scheme is subject to the following conditions—\nbefore receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\nthe applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\nthe applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the closing day;\nthe applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.\n- (a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\n- (c) the applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the closing day;\n- (d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.","sortOrder":994},{"sectionNumber":"sch.58-pt.5","sectionType":"part","heading":"A1 and A2 licences—Great Sandy region","content":"# A1 and A2 licences—Great Sandy region","sortOrder":995},{"sectionNumber":"sch.58-sec.20","sectionType":"section","heading":"Definitions for part","content":"### sch.58-sec.20 Definitions for part\n\nIn this part—\nno fish period , for an applicant, see section 24 (2) (b) .\nrelevant grid site means an area of a commercial fishery shown on the map in part 1.1 of the scheme document as a Fisheries Queensland 6 minute grid site where catch will be affected, on 21 May 2024, by the commencement of the Marine Parks (Great Sandy) Zoning Plan 2024 .\nrelevant period catch , for an applicant, means the amount worked out by—\nmultiplying the total number of fish taken by the applicant under the fishery symbol ‘A1’ or ‘A2’ written on the applicant’s primary commercial fishing licence in each relevant grid site during the period starting on 1 September 2021 and ending on 30 June 2023 by the percentage stated in the map in part 1.1 of the scheme document for the relevant grid site; and\nadding the result for each relevant grid site mentioned in paragraph (a) .\nspecial circumstances catch , for an applicant, see section 21 .\nsubstituted period catch , for an applicant, means the amount worked out by—\nmultiplying the total number of fish taken by the applicant under the fishery symbol ‘A1’ or ‘A2’ written on the applicant’s primary commercial fishing licence in each relevant grid site during the period starting on 1 July 2022 and ending on 31 August 2022 by the percentage stated in the map in part 1.1 of the scheme document for the relevant grid site; and\nadding the result for each relevant grid site mentioned in paragraph (a) .\n- (a) multiplying the total number of fish taken by the applicant under the fishery symbol ‘A1’ or ‘A2’ written on the applicant’s primary commercial fishing licence in each relevant grid site during the period starting on 1 September 2021 and ending on 30 June 2023 by the percentage stated in the map in part 1.1 of the scheme document for the relevant grid site; and\n- (b) adding the result for each relevant grid site mentioned in paragraph (a) .\n- (a) multiplying the total number of fish taken by the applicant under the fishery symbol ‘A1’ or ‘A2’ written on the applicant’s primary commercial fishing licence in each relevant grid site during the period starting on 1 July 2022 and ending on 31 August 2022 by the percentage stated in the map in part 1.1 of the scheme document for the relevant grid site; and\n- (b) adding the result for each relevant grid site mentioned in paragraph (a) .","sortOrder":996},{"sectionNumber":"sch.58-sec.21","sectionType":"section","heading":"Meaning of special circumstances catch","content":"### sch.58-sec.21 Meaning of special circumstances catch\n\nThe special circumstances catch , for an applicant, is worked out using the following formula—\nwhere—\nC means the applicant’s special circumstances catch (expressed as a number of fish).\nM means the number of months during the period starting on 1 September 2021 and ending on 30 June 2023 in which the applicant caught fish on at least 1 day in the month under the applicant’s primary commercial fishing licence.\nN means the number of months in the applicant’s no fish period (expressed as a whole number).\nR means the applicant’s relevant period catch.\nS means the applicant’s substituted period catch.","sortOrder":997},{"sectionNumber":"sch.58-sec.22","sectionType":"section","heading":"Nature of assistance","content":"### sch.58-sec.22 Nature of assistance\n\nThe nature of the assistance that may be given to an applicant under this part of the scheme is a payment of an amount worked out based on—\nthe applicant’s fishing history in the aquarium fish fishery in the Great Sandy region; and\nthe projected price of the fish in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026; and\nchanges to zoning and management in the Great Sandy region under the Marine Parks Act 2004 that—\nrelate to the commencement of the Marine Parks (Great Sandy) Zoning Plan 2024 ; and\naffect, or are likely to affect, the applicant.\n- (a) the applicant’s fishing history in the aquarium fish fishery in the Great Sandy region; and\n- (b) the projected price of the fish in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026; and\n- (c) changes to zoning and management in the Great Sandy region under the Marine Parks Act 2004 that— (i) relate to the commencement of the Marine Parks (Great Sandy) Zoning Plan 2024 ; and (ii) affect, or are likely to affect, the applicant.\n- (i) relate to the commencement of the Marine Parks (Great Sandy) Zoning Plan 2024 ; and\n- (ii) affect, or are likely to affect, the applicant.\n- (i) relate to the commencement of the Marine Parks (Great Sandy) Zoning Plan 2024 ; and\n- (ii) affect, or are likely to affect, the applicant.","sortOrder":998},{"sectionNumber":"sch.58-sec.23","sectionType":"section","heading":"Amount of assistance","content":"### sch.58-sec.23 Amount of assistance\n\nThe amount of assistance that may be given to an applicant under this part of the scheme is—\nif the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or\nif the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or\nif the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or\nif the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.\nFor subsection (1) , if the applicant is eligible for assistance under section 24 (1) , the amount is the amount worked out, to 2 decimal places, using the following formula—\nwhere—\nA means the amount.\nR means the applicant’s relevant period catch.\nS means the applicant’s substituted period catch.\nFor subsection (1) , if the applicant is eligible for assistance under section 24 (2) , the amount is the amount worked out, to 2 decimal places, using the following formula—\nwhere—\nA means the amount.\nC means the applicant’s special circumstances catch.\nR means the applicant’s relevant period catch.\nS means the applicant’s substituted period catch.\n(sch.58-sec.23-ssec.1) The amount of assistance that may be given to an applicant under this part of the scheme is— if the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or if the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or if the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or if the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.\n(sch.58-sec.23-ssec.2) For subsection (1) , if the applicant is eligible for assistance under section 24 (1) , the amount is the amount worked out, to 2 decimal places, using the following formula— where— A means the amount. R means the applicant’s relevant period catch. S means the applicant’s substituted period catch.\n(sch.58-sec.23-ssec.3) For subsection (1) , if the applicant is eligible for assistance under section 24 (2) , the amount is the amount worked out, to 2 decimal places, using the following formula— where— A means the amount. C means the applicant’s special circumstances catch. R means the applicant’s relevant period catch. S means the applicant’s substituted period catch.\n- (a) if the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or\n- (b) if the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or\n- (c) if the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or\n- (d) if the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.","sortOrder":999},{"sectionNumber":"sch.58-sec.24","sectionType":"section","heading":"Eligibility criteria","content":"### sch.58-sec.24 Eligibility criteria\n\nAn applicant is eligible for assistance under this part of the scheme if—\nthe applicant—\nheld a primary commercial fishing licence on which the fishery symbol ‘A1’ or ‘A2’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\ntook at least 1 fish—\nunder the primary commercial fishing licence when the fishery symbol ‘A1’ or ‘A2’ was written on the licence; and\nfrom a relevant grid site; and\nduring the period starting on 1 September 2021 and ending on 30 June 2023; and\nrecorded the taking of the fish as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; or\nthe applicant—\nleased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (a) (i) was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\nprovides evidence of the lease mentioned in subparagraph (i) ; and\ntook at least 1 fish—\nunder the primary commercial fishing licence when a fishery symbol mentioned in paragraph (a) (i) was written on the licence; and\nfrom a relevant grid site; and\nduring the period starting on 1 September 2021 and ending on 30 June 2023; and\nrecorded the taking of the fish as required under the Fisheries (Commercial Fisheries) Regulation 2019 .\nAlso, an applicant is eligible for assistance under this part of the scheme if—\nthe applicant is eligible for assistance under subsection (1) ; and\nthe applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period ) during the period starting on 1 September 2021 and ending on 30 June 2023; and\nthe authority is satisfied that a special circumstance applied to the applicant during the no fish period; and\nthe applicant provides evidence of the special circumstance.\nmedical certificate\nFor subsection (2) (c) , special circumstances include—\nillness of the applicant or 1 or more of the applicant’s dependants; and\nnatural disaster; and\nanother circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023.\nHowever, special circumstances do not include—\nrefitting a boat; or\nfishing in another fishery; or\nworking in another industry.\n(sch.58-sec.24-ssec.1) An applicant is eligible for assistance under this part of the scheme if— the applicant— held a primary commercial fishing licence on which the fishery symbol ‘A1’ or ‘A2’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and took at least 1 fish— under the primary commercial fishing licence when the fishery symbol ‘A1’ or ‘A2’ was written on the licence; and from a relevant grid site; and during the period starting on 1 September 2021 and ending on 30 June 2023; and recorded the taking of the fish as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; or the applicant— leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (a) (i) was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and provides evidence of the lease mentioned in subparagraph (i) ; and took at least 1 fish— under the primary commercial fishing licence when a fishery symbol mentioned in paragraph (a) (i) was written on the licence; and from a relevant grid site; and during the period starting on 1 September 2021 and ending on 30 June 2023; and recorded the taking of the fish as required under the Fisheries (Commercial Fisheries) Regulation 2019 .\n(sch.58-sec.24-ssec.2) Also, an applicant is eligible for assistance under this part of the scheme if— the applicant is eligible for assistance under subsection (1) ; and the applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period ) during the period starting on 1 September 2021 and ending on 30 June 2023; and the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and the applicant provides evidence of the special circumstance. medical certificate\n(sch.58-sec.24-ssec.3) For subsection (2) (c) , special circumstances include— illness of the applicant or 1 or more of the applicant’s dependants; and natural disaster; and another circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023.\n(sch.58-sec.24-ssec.4) However, special circumstances do not include— refitting a boat; or fishing in another fishery; or working in another industry.\n- (a) the applicant— (i) held a primary commercial fishing licence on which the fishery symbol ‘A1’ or ‘A2’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and (ii) took at least 1 fish— (A) under the primary commercial fishing licence when the fishery symbol ‘A1’ or ‘A2’ was written on the licence; and (B) from a relevant grid site; and (C) during the period starting on 1 September 2021 and ending on 30 June 2023; and (iii) recorded the taking of the fish as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; or\n- (i) held a primary commercial fishing licence on which the fishery symbol ‘A1’ or ‘A2’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (ii) took at least 1 fish— (A) under the primary commercial fishing licence when the fishery symbol ‘A1’ or ‘A2’ was written on the licence; and (B) from a relevant grid site; and (C) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (A) under the primary commercial fishing licence when the fishery symbol ‘A1’ or ‘A2’ was written on the licence; and\n- (B) from a relevant grid site; and\n- (C) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (iii) recorded the taking of the fish as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; or\n- (b) the applicant— (i) leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (a) (i) was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and (ii) provides evidence of the lease mentioned in subparagraph (i) ; and (iii) took at least 1 fish— (A) under the primary commercial fishing licence when a fishery symbol mentioned in paragraph (a) (i) was written on the licence; and (B) from a relevant grid site; and (C) during the period starting on 1 September 2021 and ending on 30 June 2023; and (iv) recorded the taking of the fish as required under the Fisheries (Commercial Fisheries) Regulation 2019 .\n- (i) leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (a) (i) was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (ii) provides evidence of the lease mentioned in subparagraph (i) ; and\n- (iii) took at least 1 fish— (A) under the primary commercial fishing licence when a fishery symbol mentioned in paragraph (a) (i) was written on the licence; and (B) from a relevant grid site; and (C) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (A) under the primary commercial fishing licence when a fishery symbol mentioned in paragraph (a) (i) was written on the licence; and\n- (B) from a relevant grid site; and\n- (C) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (iv) recorded the taking of the fish as required under the Fisheries (Commercial Fisheries) Regulation 2019 .\n- (i) held a primary commercial fishing licence on which the fishery symbol ‘A1’ or ‘A2’ was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (ii) took at least 1 fish— (A) under the primary commercial fishing licence when the fishery symbol ‘A1’ or ‘A2’ was written on the licence; and (B) from a relevant grid site; and (C) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (A) under the primary commercial fishing licence when the fishery symbol ‘A1’ or ‘A2’ was written on the licence; and\n- (B) from a relevant grid site; and\n- (C) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (iii) recorded the taking of the fish as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; or\n- (A) under the primary commercial fishing licence when the fishery symbol ‘A1’ or ‘A2’ was written on the licence; and\n- (B) from a relevant grid site; and\n- (C) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (i) leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (a) (i) was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (ii) provides evidence of the lease mentioned in subparagraph (i) ; and\n- (iii) took at least 1 fish— (A) under the primary commercial fishing licence when a fishery symbol mentioned in paragraph (a) (i) was written on the licence; and (B) from a relevant grid site; and (C) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (A) under the primary commercial fishing licence when a fishery symbol mentioned in paragraph (a) (i) was written on the licence; and\n- (B) from a relevant grid site; and\n- (C) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (iv) recorded the taking of the fish as required under the Fisheries (Commercial Fisheries) Regulation 2019 .\n- (A) under the primary commercial fishing licence when a fishery symbol mentioned in paragraph (a) (i) was written on the licence; and\n- (B) from a relevant grid site; and\n- (C) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (a) the applicant is eligible for assistance under subsection (1) ; and\n- (b) the applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period ) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (c) the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and\n- (d) the applicant provides evidence of the special circumstance.\n- (a) illness of the applicant or 1 or more of the applicant’s dependants; and\n- (b) natural disaster; and\n- (c) another circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023.\n- (a) refitting a boat; or\n- (b) fishing in another fishery; or\n- (c) working in another industry.","sortOrder":1000},{"sectionNumber":"sch.58-sec.25","sectionType":"section","heading":"Conditions of assistance","content":"### sch.58-sec.25 Conditions of assistance\n\nThe payment to an applicant for assistance under this part of the scheme is subject to the following conditions—\nbefore receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\nthe applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\nthe applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the closing day;\nthe applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.\n- (a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\n- (c) the applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the closing day;\n- (d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.","sortOrder":1001},{"sectionNumber":"sch.58-pt.6","sectionType":"part","heading":"Hammerhead sharks—east coast fisheries","content":"# Hammerhead sharks—east coast fisheries","sortOrder":1002},{"sectionNumber":"sch.58-sec.26","sectionType":"section","heading":"Definitions for part","content":"### sch.58-sec.26 Definitions for part\n\nIn this part—\nno fish period , for an applicant, see section 30 (2) (b) .\nrelevant period catch , for an applicant, means the total weight (expressed in kilograms) of hammerhead shark taken under the applicant’s primary commercial fishing licence in the period starting on 1 September 2021 and ending on 30 June 2023.\nspecial circumstances catch , for an applicant, see section 27 .\nsubstituted period catch , for an applicant, means the total weight (expressed in kilograms) of hammerhead shark taken under the applicant’s primary commercial fishing licence in the period starting on 1 July 2022 and ending on 31 August 2022.","sortOrder":1003},{"sectionNumber":"sch.58-sec.27","sectionType":"section","heading":"Meaning of special circumstances catch","content":"### sch.58-sec.27 Meaning of special circumstances catch\n\nThe special circumstances catch , for an applicant, is worked out using the following formula—\nwhere—\nC means the applicant’s special circumstances catch (expressed in kilograms).\nM means the number of months in the period starting on 1 September 2021 and ending on 30 June 2023 in which the applicant caught a hammerhead shark on at least 1 day in the month under the applicant’s primary commercial fishing licence.\nN means the number of months in the applicant’s no fish period (expressed as a whole number).\nR means the applicant’s relevant period catch.\nS means the applicant’s substituted period catch.","sortOrder":1004},{"sectionNumber":"sch.58-sec.28","sectionType":"section","heading":"Nature of assistance","content":"### sch.58-sec.28 Nature of assistance\n\nThe nature of the assistance that may be given to an applicant under this part of the scheme is a payment of an amount worked out based on—\nthe applicant’s fishing history in east coast fisheries for hammerhead sharks; and\nthe projected price of hammerhead sharks in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026.\n- (a) the applicant’s fishing history in east coast fisheries for hammerhead sharks; and\n- (b) the projected price of hammerhead sharks in the financial years starting on 1 July 2024, 1 July 2025 and 1 July 2026.","sortOrder":1005},{"sectionNumber":"sch.58-sec.29","sectionType":"section","heading":"Amount of assistance","content":"### sch.58-sec.29 Amount of assistance\n\nThe amount of assistance that may be given to an applicant under this part of the scheme is—\nif the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or\nif the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or\nif the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or\nif the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.\nFor subsection (1) , if the applicant is eligible for assistance under section 30 (1) , the amount is the amount worked out, to 2 decimal places, using the following formula—\nwhere—\nA means the amount.\nR means the applicant’s relevant period catch.\nS means the applicant’s substituted period catch.\nFor subsection (1) , if the applicant is eligible for assistance under section 30 (2) , the amount is the amount worked out, to 2 decimal places, using the following formula—\nwhere—\nA means the amount.\nC means the applicant’s special circumstances catch (expressed in kilograms).\nR means the applicant’s relevant period catch.\nS means the applicant’s substituted period catch.\n(sch.58-sec.29-ssec.1) The amount of assistance that may be given to an applicant under this part of the scheme is— if the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or if the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or if the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or if the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.\n(sch.58-sec.29-ssec.2) For subsection (1) , if the applicant is eligible for assistance under section 30 (1) , the amount is the amount worked out, to 2 decimal places, using the following formula— where— A means the amount. R means the applicant’s relevant period catch. S means the applicant’s substituted period catch.\n(sch.58-sec.29-ssec.3) For subsection (1) , if the applicant is eligible for assistance under section 30 (2) , the amount is the amount worked out, to 2 decimal places, using the following formula— where— A means the amount. C means the applicant’s special circumstances catch (expressed in kilograms). R means the applicant’s relevant period catch. S means the applicant’s substituted period catch.\n- (a) if the amount worked out under subsection (2) or (3) is 1,000 or less—$1,000; or\n- (b) if the amount worked out under subsection (2) or (3) is between 1,000 and 4,999 (both inclusive)—$5,000; or\n- (c) if the amount worked out under subsection (2) or (3) is between 5,000 and 10,000 (both inclusive)—$10,000; or\n- (d) if the amount worked out under subsection (2) or (3) is more than 10,000—the amount worked out under the formula expressed in dollars.","sortOrder":1006},{"sectionNumber":"sch.58-sec.30","sectionType":"section","heading":"Eligibility criteria","content":"### sch.58-sec.30 Eligibility criteria\n\nAn applicant is eligible for assistance under this part of the scheme if—\nthe applicant—\nheld a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023—\n‘N1’, ‘N2’, ‘N4’, ‘N10’;\n‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, K8’;\n‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’ or ‘S’; and\nhas taken at least 1kg of hammerhead shark—\nfrom an east coast fishery under the primary commercial fishing licence when a symbol mentioned in subparagraph (i) was written on the licence; and\nduring the period starting on 1 September 2021 and ending on 30 June 2023; and\nrecorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and\nis not eligible for assistance under—\nthis scheme, other than under this part; or\npart 4 of the scheme set out in schedule 57 ; or\nthe applicant—\nleased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (a) (i) was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\nprovides evidence of the lease mentioned in subparagraph (i) ; and\nhas taken at least 1kg of hammerhead shark—\nfrom an east coast fishery under a fishery symbol mentioned in paragraph (a) (i) written on the primary commercial fishing licence; and\nduring the period starting on 1 September 2021 and ending on 30 June 2023; and\nrecorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and\nis not eligible for assistance under—\nthis scheme, other than under this part; or\npart 4 of the scheme set out in schedule 57 .\nAlso, an applicant is eligible for assistance under this part of the scheme if—\nthe applicant is eligible for assistance under subsection (1) (a) ; and\nthe applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period ) during the period starting on 1 September 2021 and ending on 30 June 2023; and\nthe authority is satisfied that a special circumstance applied to the applicant during the no fish period; and\nthe applicant provides evidence of the special circumstance.\nmedical certificate\nFor subsection (2) (c) , special circumstances include—\nillness of the applicant or 1 or more of the applicant’s dependants; and\nnatural disaster; and\nanother circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023.\nHowever, special circumstances do not include—\nrefitting a boat; or\nfishing in another fishery; or\nworking in another industry.\n(sch.58-sec.30-ssec.1) An applicant is eligible for assistance under this part of the scheme if— the applicant— held a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023— ‘N1’, ‘N2’, ‘N4’, ‘N10’; ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, K8’; ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’ or ‘S’; and has taken at least 1kg of hammerhead shark— from an east coast fishery under the primary commercial fishing licence when a symbol mentioned in subparagraph (i) was written on the licence; and during the period starting on 1 September 2021 and ending on 30 June 2023; and recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and is not eligible for assistance under— this scheme, other than under this part; or part 4 of the scheme set out in schedule 57 ; or the applicant— leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (a) (i) was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and provides evidence of the lease mentioned in subparagraph (i) ; and has taken at least 1kg of hammerhead shark— from an east coast fishery under a fishery symbol mentioned in paragraph (a) (i) written on the primary commercial fishing licence; and during the period starting on 1 September 2021 and ending on 30 June 2023; and recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and is not eligible for assistance under— this scheme, other than under this part; or part 4 of the scheme set out in schedule 57 .\n(sch.58-sec.30-ssec.2) Also, an applicant is eligible for assistance under this part of the scheme if— the applicant is eligible for assistance under subsection (1) (a) ; and the applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period ) during the period starting on 1 September 2021 and ending on 30 June 2023; and the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and the applicant provides evidence of the special circumstance. medical certificate\n(sch.58-sec.30-ssec.3) For subsection (2) (c) , special circumstances include— illness of the applicant or 1 or more of the applicant’s dependants; and natural disaster; and another circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023.\n(sch.58-sec.30-ssec.4) However, special circumstances do not include— refitting a boat; or fishing in another fishery; or working in another industry.\n- (a) the applicant— (i) held a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023— (A) ‘N1’, ‘N2’, ‘N4’, ‘N10’; (B) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, K8’; (C) ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’ or ‘S’; and (ii) has taken at least 1kg of hammerhead shark— (A) from an east coast fishery under the primary commercial fishing licence when a symbol mentioned in subparagraph (i) was written on the licence; and (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and (iii) recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and (iv) is not eligible for assistance under— (A) this scheme, other than under this part; or (B) part 4 of the scheme set out in schedule 57 ; or\n- (i) held a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023— (A) ‘N1’, ‘N2’, ‘N4’, ‘N10’; (B) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, K8’; (C) ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’ or ‘S’; and\n- (A) ‘N1’, ‘N2’, ‘N4’, ‘N10’;\n- (B) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, K8’;\n- (C) ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’ or ‘S’; and\n- (ii) has taken at least 1kg of hammerhead shark— (A) from an east coast fishery under the primary commercial fishing licence when a symbol mentioned in subparagraph (i) was written on the licence; and (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (A) from an east coast fishery under the primary commercial fishing licence when a symbol mentioned in subparagraph (i) was written on the licence; and\n- (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (iii) recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and\n- (iv) is not eligible for assistance under— (A) this scheme, other than under this part; or (B) part 4 of the scheme set out in schedule 57 ; or\n- (A) this scheme, other than under this part; or\n- (B) part 4 of the scheme set out in schedule 57 ; or\n- (b) the applicant— (i) leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (a) (i) was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and (ii) provides evidence of the lease mentioned in subparagraph (i) ; and (iii) has taken at least 1kg of hammerhead shark— (A) from an east coast fishery under a fishery symbol mentioned in paragraph (a) (i) written on the primary commercial fishing licence; and (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and (iv) recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and (v) is not eligible for assistance under— (A) this scheme, other than under this part; or (B) part 4 of the scheme set out in schedule 57 .\n- (i) leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (a) (i) was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (ii) provides evidence of the lease mentioned in subparagraph (i) ; and\n- (iii) has taken at least 1kg of hammerhead shark— (A) from an east coast fishery under a fishery symbol mentioned in paragraph (a) (i) written on the primary commercial fishing licence; and (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (A) from an east coast fishery under a fishery symbol mentioned in paragraph (a) (i) written on the primary commercial fishing licence; and\n- (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (iv) recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and\n- (v) is not eligible for assistance under— (A) this scheme, other than under this part; or (B) part 4 of the scheme set out in schedule 57 .\n- (A) this scheme, other than under this part; or\n- (B) part 4 of the scheme set out in schedule 57 .\n- (i) held a primary commercial fishing licence on which 1 or more of the following fishery symbols was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023— (A) ‘N1’, ‘N2’, ‘N4’, ‘N10’; (B) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, K8’; (C) ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’ or ‘S’; and\n- (A) ‘N1’, ‘N2’, ‘N4’, ‘N10’;\n- (B) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, K8’;\n- (C) ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’ or ‘S’; and\n- (ii) has taken at least 1kg of hammerhead shark— (A) from an east coast fishery under the primary commercial fishing licence when a symbol mentioned in subparagraph (i) was written on the licence; and (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (A) from an east coast fishery under the primary commercial fishing licence when a symbol mentioned in subparagraph (i) was written on the licence; and\n- (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (iii) recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and\n- (iv) is not eligible for assistance under— (A) this scheme, other than under this part; or (B) part 4 of the scheme set out in schedule 57 ; or\n- (A) this scheme, other than under this part; or\n- (B) part 4 of the scheme set out in schedule 57 ; or\n- (A) ‘N1’, ‘N2’, ‘N4’, ‘N10’;\n- (B) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, K8’;\n- (C) ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’ or ‘S’; and\n- (A) from an east coast fishery under the primary commercial fishing licence when a symbol mentioned in subparagraph (i) was written on the licence; and\n- (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (A) this scheme, other than under this part; or\n- (B) part 4 of the scheme set out in schedule 57 ; or\n- (i) leased a primary commercial fishing licence on which 1 or more of the fishery symbols mentioned in paragraph (a) (i) was written for all or part of the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (ii) provides evidence of the lease mentioned in subparagraph (i) ; and\n- (iii) has taken at least 1kg of hammerhead shark— (A) from an east coast fishery under a fishery symbol mentioned in paragraph (a) (i) written on the primary commercial fishing licence; and (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (A) from an east coast fishery under a fishery symbol mentioned in paragraph (a) (i) written on the primary commercial fishing licence; and\n- (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (iv) recorded the taking of the hammerhead shark as required under the Fisheries (Commercial Fisheries) Regulation 2019 ; and\n- (v) is not eligible for assistance under— (A) this scheme, other than under this part; or (B) part 4 of the scheme set out in schedule 57 .\n- (A) this scheme, other than under this part; or\n- (B) part 4 of the scheme set out in schedule 57 .\n- (A) from an east coast fishery under a fishery symbol mentioned in paragraph (a) (i) written on the primary commercial fishing licence; and\n- (B) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (A) this scheme, other than under this part; or\n- (B) part 4 of the scheme set out in schedule 57 .\n- (a) the applicant is eligible for assistance under subsection (1) (a) ; and\n- (b) the applicant’s fishing data shows that the applicant did not catch any fish in at least 6 consecutive months (the no fish period ) during the period starting on 1 September 2021 and ending on 30 June 2023; and\n- (c) the authority is satisfied that a special circumstance applied to the applicant during the no fish period; and\n- (d) the applicant provides evidence of the special circumstance.\n- (a) illness of the applicant or 1 or more of the applicant’s dependants; and\n- (b) natural disaster; and\n- (c) another circumstance that prevented the applicant from fishing during part of the period starting on 1 September 2021 and ending on 30 June 2023.\n- (a) refitting a boat; or\n- (b) fishing in another fishery; or\n- (c) working in another industry.","sortOrder":1007},{"sectionNumber":"sch.58-sec.31","sectionType":"section","heading":"Conditions of assistance","content":"### sch.58-sec.31 Conditions of assistance\n\nThe payment of assistance to an applicant under this part of the scheme is subject to the following conditions—\nbefore receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\nthe applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\nthe applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the closing day;\nthe applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.\n- (a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\n- (c) the applicant must not apply to the chief executive to move a fishery symbol the subject of the application before the end of the closing day;\n- (d) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application.","sortOrder":1008},{"sectionNumber":"sch.58-pt.7","sectionType":"part","heading":"General","content":"# General","sortOrder":1009},{"sectionNumber":"sch.58-sec.32","sectionType":"section","heading":"Operation of scheme","content":"### sch.58-sec.32 Operation of scheme\n\nThe scheme opens on the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.\nFor assistance under parts 2 to 6 , a part of the scheme closes on the earlier of the following days—\nthe day on which the authority’s assistance funds for the part become insufficient to pay further assistance under the part;\nthe closing day.\nFor subsection (2) (b) , the closing day is—\n30 June 2024; or\nthe day stated in an extension notice made under section 33 .\n(sch.58-sec.32-ssec.1) The scheme opens on the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.\n(sch.58-sec.32-ssec.2) For assistance under parts 2 to 6 , a part of the scheme closes on the earlier of the following days— the day on which the authority’s assistance funds for the part become insufficient to pay further assistance under the part; the closing day.\n(sch.58-sec.32-ssec.3) For subsection (2) (b) , the closing day is— 30 June 2024; or the day stated in an extension notice made under section 33 .\n- (a) the day on which the authority’s assistance funds for the part become insufficient to pay further assistance under the part;\n- (b) the closing day.\n- (a) 30 June 2024; or\n- (b) the day stated in an extension notice made under section 33 .","sortOrder":1010},{"sectionNumber":"sch.58-sec.33","sectionType":"section","heading":"Extension of closing day","content":"### sch.58-sec.33 Extension of closing day\n\nThe Minister may, by notice published on the authority’s website (an extension notice ), extend the closing day to a stated day that is not more than 6 months after the commencement.\nHowever, the Minister may publish an extension notice only if the Minister is satisfied applicants need more time in which to apply for assistance under the scheme.\nThe Minister must table a copy of the extension notice in the Legislative Assembly within 14 days after the day the extension notice is made.\n(sch.58-sec.33-ssec.1) The Minister may, by notice published on the authority’s website (an extension notice ), extend the closing day to a stated day that is not more than 6 months after the commencement.\n(sch.58-sec.33-ssec.2) However, the Minister may publish an extension notice only if the Minister is satisfied applicants need more time in which to apply for assistance under the scheme.\n(sch.58-sec.33-ssec.3) The Minister must table a copy of the extension notice in the Legislative Assembly within 14 days after the day the extension notice is made.","sortOrder":1011},{"sectionNumber":"sch.58-sec.34","sectionType":"section","heading":"Requirements for applications","content":"### sch.58-sec.34 Requirements for applications\n\nAn application for assistance under the scheme must—\nbe made on the approved form; and\nbe accompanied by the documents stated on the application form; and\nbe given to the authority while the scheme is open under section 32 .\nAn application may be made by an applicant—\nif more than 1 person is a holder or lessee of the primary commercial fishing licence—with the consent of each other holder or lessee of the primary commercial fishing licence; or\nif a public company is the holder or lessee of the primary commercial fishing licence—with the consent of a director of the public company.\nIf the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\n(sch.58-sec.34-ssec.1) An application for assistance under the scheme must— be made on the approved form; and be accompanied by the documents stated on the application form; and be given to the authority while the scheme is open under section 32 .\n(sch.58-sec.34-ssec.2) An application may be made by an applicant— if more than 1 person is a holder or lessee of the primary commercial fishing licence—with the consent of each other holder or lessee of the primary commercial fishing licence; or if a public company is the holder or lessee of the primary commercial fishing licence—with the consent of a director of the public company.\n(sch.58-sec.34-ssec.3) If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\n- (a) be made on the approved form; and\n- (b) be accompanied by the documents stated on the application form; and\n- (c) be given to the authority while the scheme is open under section 32 .\n- (a) if more than 1 person is a holder or lessee of the primary commercial fishing licence—with the consent of each other holder or lessee of the primary commercial fishing licence; or\n- (b) if a public company is the holder or lessee of the primary commercial fishing licence—with the consent of a director of the public company.","sortOrder":1012},{"sectionNumber":"sch.58-sec.35","sectionType":"section","heading":"Deciding applications","content":"### sch.58-sec.35 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under a part of the scheme.\nHowever, the authority does not need to consider an application that does not comply with section 34 (1) .\nThe authority must decide applications in the order they are received by the authority.\nThe authority must refuse to approve an application for assistance under a part of the scheme if the authority’s assistance funds for the assistance are not sufficient to pay for the assistance.\nIf the authority refuses to approve an application for assistance, the authority must give the applicant written notice of the decision.\n(sch.58-sec.35-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under a part of the scheme.\n(sch.58-sec.35-ssec.2) However, the authority does not need to consider an application that does not comply with section 34 (1) .\n(sch.58-sec.35-ssec.3) The authority must decide applications in the order they are received by the authority.\n(sch.58-sec.35-ssec.4) The authority must refuse to approve an application for assistance under a part of the scheme if the authority’s assistance funds for the assistance are not sufficient to pay for the assistance.\n(sch.58-sec.35-ssec.5) If the authority refuses to approve an application for assistance, the authority must give the applicant written notice of the decision.","sortOrder":1013},{"sectionNumber":"sch.59-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1014},{"sectionNumber":"sch.59-sec.1","sectionType":"section","heading":"Objectives of scheme","content":"### sch.59-sec.1 Objectives of scheme\n\nThe objectives of the scheme are—\nto provide assistance to former holders and lessees of particular primary commercial fishing licences—\nto surrender usable nets; and\nto remove equipment relating to the use of relevant mesh nets from their boats; and\nto provide assistance to owners of eligible businesses to assist them to diversify their businesses and adjust to the structural reforms.\n- (a) to provide assistance to former holders and lessees of particular primary commercial fishing licences— (i) to surrender usable nets; and (ii) to remove equipment relating to the use of relevant mesh nets from their boats; and\n- (i) to surrender usable nets; and\n- (ii) to remove equipment relating to the use of relevant mesh nets from their boats; and\n- (b) to provide assistance to owners of eligible businesses to assist them to diversify their businesses and adjust to the structural reforms.\n- (i) to surrender usable nets; and\n- (ii) to remove equipment relating to the use of relevant mesh nets from their boats; and","sortOrder":1015},{"sectionNumber":"sch.59-sec.2","sectionType":"section","heading":"Purposes of assistance","content":"### sch.59-sec.2 Purposes of assistance\n\nThe purposes of assistance under the scheme are—\nto pay former holders and lessees of primary commercial fishing licences on which particular fishery symbols were written approximately 50% of the cost of usable nets surrendered by the former holders or lessees; and\nto pay former holders and lessees of primary commercial fishing licences for the removal of equipment related to the use of relevant mesh nets from their boats; and\nto pay owners of eligible businesses to diversify their businesses if the business relied on fish taken—\nunder primary commercial fishing licences on which particular fishery symbols were written; or\nfrom particular parts of the Great Sandy region.\n- (a) to pay former holders and lessees of primary commercial fishing licences on which particular fishery symbols were written approximately 50% of the cost of usable nets surrendered by the former holders or lessees; and\n- (b) to pay former holders and lessees of primary commercial fishing licences for the removal of equipment related to the use of relevant mesh nets from their boats; and\n- (c) to pay owners of eligible businesses to diversify their businesses if the business relied on fish taken— (i) under primary commercial fishing licences on which particular fishery symbols were written; or (ii) from particular parts of the Great Sandy region.\n- (i) under primary commercial fishing licences on which particular fishery symbols were written; or\n- (ii) from particular parts of the Great Sandy region.\n- (i) under primary commercial fishing licences on which particular fishery symbols were written; or\n- (ii) from particular parts of the Great Sandy region.","sortOrder":1016},{"sectionNumber":"sch.59-sec.3","sectionType":"section","heading":"Definitions","content":"### sch.59-sec.3 Definitions\n\nIn this schedule—\naccredited marine surveyor , for part 3 , see section 10 .\napplicant means an entity applying for financial assistance under the scheme.\ncertificate of survey , for part 3 , see section 10 .\nchief executive means the chief executive of the department in which the Fisheries Act 1994 is administered.\nsch 59 s 3 def chief executive ins 2025 SL No. 138 s 11\nclosing day see section 22 (3) .\ncommercial fishery means a fishery under the Fisheries (Commercial Fisheries) Regulation 2019 .\ndiversification plan , for an eligible business, for part 4 , see section 17 .\neligible business see section 16 .\neligible refitting work , for a boat, for part 3 , see section 11 .\neligible survey work , for part 3 , see section 10 .\neligible symbol , for part 2 , see section 5 .\neligible work , for part 3 , see section 10 .\nextension notice see section 24 (1) .\nfishery symbol has the meaning given by the Fisheries (General) Regulation 2019 .\nfishing data means information given to the chief executive under the Fisheries (Commercial Fisheries) Regulation 2019 , chapter 5 or 6 .\nGreat Sandy region see section 16 .\nhold , in relation to a primary commercial fishing licence, includes holding a suspended primary commercial fishing licence.\nholder , of a primary commercial fishing licence, means the person to whom the licence is issued or transferred, other than temporarily transferred, under the Fisheries Act 1994 .\ninterested person , for an eligible business, for part 4 , see section 16 .\nmanagement region means an inshore management region under the Fisheries (Commercial Fisheries) Regulation 2019 .\nowner , of a business, see section 16 .\nprimary boat , for a primary commercial fishing licence, for part 3 , see section 10 .\nprimary commercial fishing licence means a primary commercial fishing licence issued under the Fisheries Act 1994 .\nrelevant mesh net see section 4 .\nrelevant period —\nfor part 2 , see section 5 ; or\nfor part 3 , see section 10 .\nscheme means the scheme set out in this schedule.\nsurrender , in relation to a usable net, means surrender to the authority.\ntender boat , for a primary commercial fishing licence, for part 3 , see section 10 .\nusable net see section 5 .\n- (a) for part 2 , see section 5 ; or\n- (b) for part 3 , see section 10 .","sortOrder":1017},{"sectionNumber":"sch.59-sec.4","sectionType":"section","heading":"Meaning of relevant mesh net","content":"### sch.59-sec.4 Meaning of relevant mesh net\n\nA relevant mesh net is a mesh net that—\nhas floats attached to the rope at the top of the net; and\nhas a bottom rope; and\nhas a mesh size of between 50mm and 215mm; and\ncould lawfully have been used under a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’ or ‘N4’ was written.\nAlso, a relevant mesh net is a mesh net that—\nhas floats attached to the rope at the top of the net; and\nhas a bottom rope; and\nhas a mesh size of between 160mm and 215mm; and\nmay be used under a primary commercial fishing licence on which the fishery symbol ‘N3’ is written.\n(sch.59-sec.4-ssec.1) A relevant mesh net is a mesh net that— has floats attached to the rope at the top of the net; and has a bottom rope; and has a mesh size of between 50mm and 215mm; and could lawfully have been used under a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’ or ‘N4’ was written.\n(sch.59-sec.4-ssec.2) Also, a relevant mesh net is a mesh net that— has floats attached to the rope at the top of the net; and has a bottom rope; and has a mesh size of between 160mm and 215mm; and may be used under a primary commercial fishing licence on which the fishery symbol ‘N3’ is written.\n- (a) has floats attached to the rope at the top of the net; and\n- (b) has a bottom rope; and\n- (c) has a mesh size of between 50mm and 215mm; and\n- (d) could lawfully have been used under a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’ or ‘N4’ was written.\n- (a) has floats attached to the rope at the top of the net; and\n- (b) has a bottom rope; and\n- (c) has a mesh size of between 160mm and 215mm; and\n- (d) may be used under a primary commercial fishing licence on which the fishery symbol ‘N3’ is written.","sortOrder":1018},{"sectionNumber":"sch.59-pt.2","sectionType":"part","heading":"Payment for surrender of particular fishing nets","content":"# Payment for surrender of particular fishing nets","sortOrder":1019},{"sectionNumber":"sch.59-sec.5","sectionType":"section","heading":"Definitions for part","content":"### sch.59-sec.5 Definitions for part\n\nIn this part—\neligible symbol means the fishery symbol ‘N1’, ‘N2’ or ‘N4’.\nrelevant period means the period—\nstarting on 1 September 2021; and\nending on 30 June 2023.\nusable net means a relevant mesh net that is in fair or repairable condition.\n- (a) starting on 1 September 2021; and\n- (b) ending on 30 June 2023.","sortOrder":1020},{"sectionNumber":"sch.59-sec.6","sectionType":"section","heading":"Nature of assistance","content":"### sch.59-sec.6 Nature of assistance\n\nThe nature of the assistance that may be given to an applicant under this part of the scheme is a payment based on the length of usable net surrendered by the applicant.","sortOrder":1021},{"sectionNumber":"sch.59-sec.7","sectionType":"section","heading":"Amount of assistance","content":"### sch.59-sec.7 Amount of assistance\n\nThe amount of assistance that may be given to an applicant under this part of the scheme is the amount worked out using the following formula—\nwhere—\nA means the amount.\nL means the lesser of the following—\nthe length of usable net (expressed in metres) surrendered by the applicant; or\nthe length of usable net the applicant intended to surrender and declared in accordance with section 8 (1) (c) or (2) (b) .\nHowever, the maximum amount of assistance that may be given to an applicant who is eligible for assistance under section 8 (1) is—\nfor an applicant who, during the relevant period, held or leased a primary commercial fishing licence on which the fishery symbol ‘N1’, but no other eligible symbol, was written—$15,000; or\nfor an applicant who, during the relevant period, held or leased a primary commercial fishing licence on which the fishery symbol ‘N2’, or the fishery symbols ‘N1’ and ‘N2’, but no other eligible symbol, was written—$45,000; or\nfor an applicant who, during the relevant period, held or leased a primary commercial fishing licence on which the fishery symbol ‘N4’, or the fishery symbols ‘N1’ and ‘N4’, but no other eligible symbol, was written—$60,000; or\nfor an applicant who, during the relevant period, held or leased a primary commercial fishing licence on which the fishery symbols ‘N2’ and ‘N4’, or the fishery symbols ‘N1’, ‘N2’ and ‘N4’, were written—$100,000.\nFisher A held a primary commercial fishing licence on which the fishery symbol ‘N1’ was written during the relevant period. Fisher A surrenders 1 kilometre of usable net. The amount of assistance Fisher A is eligible for under the scheme is $12,500 (1,000 x 12.5).\nFisher B held a primary commercial fishing licence on which the fishery symbols ‘N1’ and ‘N4’ were written during the relevant period. Fisher B surrenders 4.5 kilometres of usable net. The amount of assistance Fisher B is eligible for under the scheme is $56,250 (4,500 x 12.5).\nAlso, the maximum amount of assistance that may be given to an applicant who is eligible for assistance under section 8 (2) is $30,000.\n(sch.59-sec.7-ssec.1) The amount of assistance that may be given to an applicant under this part of the scheme is the amount worked out using the following formula— where— A means the amount. L means the lesser of the following— the length of usable net (expressed in metres) surrendered by the applicant; or the length of usable net the applicant intended to surrender and declared in accordance with section 8 (1) (c) or (2) (b) .\n(sch.59-sec.7-ssec.2) However, the maximum amount of assistance that may be given to an applicant who is eligible for assistance under section 8 (1) is— for an applicant who, during the relevant period, held or leased a primary commercial fishing licence on which the fishery symbol ‘N1’, but no other eligible symbol, was written—$15,000; or for an applicant who, during the relevant period, held or leased a primary commercial fishing licence on which the fishery symbol ‘N2’, or the fishery symbols ‘N1’ and ‘N2’, but no other eligible symbol, was written—$45,000; or for an applicant who, during the relevant period, held or leased a primary commercial fishing licence on which the fishery symbol ‘N4’, or the fishery symbols ‘N1’ and ‘N4’, but no other eligible symbol, was written—$60,000; or for an applicant who, during the relevant period, held or leased a primary commercial fishing licence on which the fishery symbols ‘N2’ and ‘N4’, or the fishery symbols ‘N1’, ‘N2’ and ‘N4’, were written—$100,000. Fisher A held a primary commercial fishing licence on which the fishery symbol ‘N1’ was written during the relevant period. Fisher A surrenders 1 kilometre of usable net. The amount of assistance Fisher A is eligible for under the scheme is $12,500 (1,000 x 12.5). Fisher B held a primary commercial fishing licence on which the fishery symbols ‘N1’ and ‘N4’ were written during the relevant period. Fisher B surrenders 4.5 kilometres of usable net. The amount of assistance Fisher B is eligible for under the scheme is $56,250 (4,500 x 12.5).\n(sch.59-sec.7-ssec.3) Also, the maximum amount of assistance that may be given to an applicant who is eligible for assistance under section 8 (2) is $30,000.\n- (a) the length of usable net (expressed in metres) surrendered by the applicant; or\n- (b) the length of usable net the applicant intended to surrender and declared in accordance with section 8 (1) (c) or (2) (b) .\n- (a) for an applicant who, during the relevant period, held or leased a primary commercial fishing licence on which the fishery symbol ‘N1’, but no other eligible symbol, was written—$15,000; or\n- (b) for an applicant who, during the relevant period, held or leased a primary commercial fishing licence on which the fishery symbol ‘N2’, or the fishery symbols ‘N1’ and ‘N2’, but no other eligible symbol, was written—$45,000; or\n- (c) for an applicant who, during the relevant period, held or leased a primary commercial fishing licence on which the fishery symbol ‘N4’, or the fishery symbols ‘N1’ and ‘N4’, but no other eligible symbol, was written—$60,000; or\n- (d) for an applicant who, during the relevant period, held or leased a primary commercial fishing licence on which the fishery symbols ‘N2’ and ‘N4’, or the fishery symbols ‘N1’, ‘N2’ and ‘N4’, were written—$100,000.\n- 1 Fisher A held a primary commercial fishing licence on which the fishery symbol ‘N1’ was written during the relevant period. Fisher A surrenders 1 kilometre of usable net. The amount of assistance Fisher A is eligible for under the scheme is $12,500 (1,000 x 12.5).\n- 2 Fisher B held a primary commercial fishing licence on which the fishery symbols ‘N1’ and ‘N4’ were written during the relevant period. Fisher B surrenders 4.5 kilometres of usable net. The amount of assistance Fisher B is eligible for under the scheme is $56,250 (4,500 x 12.5).","sortOrder":1022},{"sectionNumber":"sch.59-sec.8","sectionType":"section","heading":"Eligibility criteria","content":"### sch.59-sec.8 Eligibility criteria\n\nAn applicant is eligible for assistance under this part of the scheme if—\nthe applicant held or leased a primary commercial fishing licence on which an eligible symbol was written for at least 1 day during the relevant period; and\nthe applicant took at least 1kg of fish—\nin accordance with an eligible symbol written on the applicant’s primary commercial fishing licence; and\nfrom a commercial fishery in any of management regions 1 to 5; and\nduring the relevant period; and\nthe applicant declares that they intend to surrender a stated length of usable net; and\nthe stated length is at least 1m.\nAlso, an applicant is eligible for assistance under this part of the scheme if—\nthe applicant surrendered, on or after 8 December 2023—\na primary commercial fishing licence on which the fishery symbol ‘N3’ was written; or\nthe fishery symbol ‘N3’; and\nthe applicant declares that they intend to surrender a stated length of usable net; and\nthe stated length is at least 1m.\nAn applicant is ineligible for assistance under this part of the scheme if—\nthe applicant has already received assistance under this part of the scheme; or\nthe applicant holds or leases a primary commercial fishing licence on which 1 or more of the following fishery symbols is written—\n‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’;\n‘NX’, ‘N3’, ‘N10’, ‘N15’.\n(sch.59-sec.8-ssec.1) An applicant is eligible for assistance under this part of the scheme if— the applicant held or leased a primary commercial fishing licence on which an eligible symbol was written for at least 1 day during the relevant period; and the applicant took at least 1kg of fish— in accordance with an eligible symbol written on the applicant’s primary commercial fishing licence; and from a commercial fishery in any of management regions 1 to 5; and during the relevant period; and the applicant declares that they intend to surrender a stated length of usable net; and the stated length is at least 1m.\n(sch.59-sec.8-ssec.2) Also, an applicant is eligible for assistance under this part of the scheme if— the applicant surrendered, on or after 8 December 2023— a primary commercial fishing licence on which the fishery symbol ‘N3’ was written; or the fishery symbol ‘N3’; and the applicant declares that they intend to surrender a stated length of usable net; and the stated length is at least 1m.\n(sch.59-sec.8-ssec.3) An applicant is ineligible for assistance under this part of the scheme if— the applicant has already received assistance under this part of the scheme; or the applicant holds or leases a primary commercial fishing licence on which 1 or more of the following fishery symbols is written— ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’; ‘NX’, ‘N3’, ‘N10’, ‘N15’.\n- (a) the applicant held or leased a primary commercial fishing licence on which an eligible symbol was written for at least 1 day during the relevant period; and\n- (b) the applicant took at least 1kg of fish— (i) in accordance with an eligible symbol written on the applicant’s primary commercial fishing licence; and (ii) from a commercial fishery in any of management regions 1 to 5; and (iii) during the relevant period; and\n- (i) in accordance with an eligible symbol written on the applicant’s primary commercial fishing licence; and\n- (ii) from a commercial fishery in any of management regions 1 to 5; and\n- (iii) during the relevant period; and\n- (c) the applicant declares that they intend to surrender a stated length of usable net; and\n- (d) the stated length is at least 1m.\n- (i) in accordance with an eligible symbol written on the applicant’s primary commercial fishing licence; and\n- (ii) from a commercial fishery in any of management regions 1 to 5; and\n- (iii) during the relevant period; and\n- (a) the applicant surrendered, on or after 8 December 2023— (i) a primary commercial fishing licence on which the fishery symbol ‘N3’ was written; or (ii) the fishery symbol ‘N3’; and\n- (i) a primary commercial fishing licence on which the fishery symbol ‘N3’ was written; or\n- (ii) the fishery symbol ‘N3’; and\n- (b) the applicant declares that they intend to surrender a stated length of usable net; and\n- (c) the stated length is at least 1m.\n- (i) a primary commercial fishing licence on which the fishery symbol ‘N3’ was written; or\n- (ii) the fishery symbol ‘N3’; and\n- (a) the applicant has already received assistance under this part of the scheme; or\n- (b) the applicant holds or leases a primary commercial fishing licence on which 1 or more of the following fishery symbols is written— (i) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’; (ii) ‘NX’, ‘N3’, ‘N10’, ‘N15’.\n- (i) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’;\n- (ii) ‘NX’, ‘N3’, ‘N10’, ‘N15’.\n- (i) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’;\n- (ii) ‘NX’, ‘N3’, ‘N10’, ‘N15’.","sortOrder":1023},{"sectionNumber":"sch.59-sec.9","sectionType":"section","heading":"Conditions of assistance","content":"### sch.59-sec.9 Conditions of assistance\n\nThe payment of assistance to an applicant under this part of the scheme is subject to the following conditions—\nthe applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application;\nthe applicant has surrendered 1 or more relevant mesh nets that the authority considers are usable nets.\n- (a) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent the fishing data is relevant to the application;\n- (b) the applicant has surrendered 1 or more relevant mesh nets that the authority considers are usable nets.","sortOrder":1024},{"sectionNumber":"sch.59-pt.3","sectionType":"part","heading":"Grant for removal of equipment related to use of relevant mesh nets","content":"# Grant for removal of equipment related to use of relevant mesh nets","sortOrder":1025},{"sectionNumber":"sch.59-sec.10","sectionType":"section","heading":"Definitions for part","content":"### sch.59-sec.10 Definitions for part\n\nIn this part—\naccredited marine surveyor means a person who is accredited under the Marine Safety (Domestic Commercial Vessel) National Law Regulation 2013 (Cwlth) , section 24 .\ncertificate of survey see the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cwlth) , schedule 1 , section 6 .\neligible refitting work , for a boat, see section 11 .\neligible survey work means work, performed by an accredited marine surveyor, associated with surveying a boat for a certificate of survey.\neligible work means eligible survey work or eligible refitting work.\nprimary boat , for a primary commercial fishing licence, means the boat identified in the primary commercial fishing licence.\nrelevant period means the period—\nstarting on 1 September 2021; and\nending on 30 June 2023.\ntender boat , for a primary commercial fishing licence, means a boat, other than a primary boat, authorised for use under the primary commercial fishing licence.\n- (a) starting on 1 September 2021; and\n- (b) ending on 30 June 2023.","sortOrder":1026},{"sectionNumber":"sch.59-sec.11","sectionType":"section","heading":"Meaning of eligible refitting work","content":"### sch.59-sec.11 Meaning of eligible refitting work\n\nEligible refitting work , for a boat, is work—\nto remove from the boat equipment used to deploy, retrieve, lift or stow relevant mesh nets; or\nto repair work directly related to work mentioned in paragraph (a) ; or\nto change the boat to meet the standards for a certificate of survey, if the changes are directly related to work mentioned in paragraph (a) .\n- (a) to remove from the boat equipment used to deploy, retrieve, lift or stow relevant mesh nets; or\n- (b) to repair work directly related to work mentioned in paragraph (a) ; or\n- (c) to change the boat to meet the standards for a certificate of survey, if the changes are directly related to work mentioned in paragraph (a) .","sortOrder":1027},{"sectionNumber":"sch.59-sec.12","sectionType":"section","heading":"Nature of assistance","content":"### sch.59-sec.12 Nature of assistance\n\nThe nature of the assistance that may be given to an applicant under this part of the scheme is a grant to cover the costs of—\nremoving equipment related to the use of relevant mesh nets from boats that were used as primary boats or tender boats for particular primary commercial fishing licences; and\nmarine surveying associated with work mentioned in paragraph (a) .\n- (a) removing equipment related to the use of relevant mesh nets from boats that were used as primary boats or tender boats for particular primary commercial fishing licences; and\n- (b) marine surveying associated with work mentioned in paragraph (a) .","sortOrder":1028},{"sectionNumber":"sch.59-sec.13","sectionType":"section","heading":"Amount of assistance","content":"### sch.59-sec.13 Amount of assistance\n\nThe amount of assistance that may be given to an applicant under this part of the scheme is the cost, up to the maximum amount of assistance mentioned in subsection (2) , of—\nif the primary boat for a primary commercial fishing licence is owned by the applicant—eligible work performed on the primary boat; or\nif a tender boat for the primary commercial fishing licence is owned by the applicant—eligible work performed on the tender boat.\nThe maximum amount of assistance that may be given to an applicant, in relation to a primary commercial fishing licence, is—\nfor an applicant who is eligible for assistance under section 14 (1) —\nif the applicant held or leased, during the relevant period, a primary commercial fishing licence on which the fishery symbol ‘N1’ or ‘N2’, but not the fishery symbol ‘N4’, was written—$50,000; or\nif the applicant was, during the relevant period, the holder or lessee of a primary commercial fishing licence on which the fishery symbol ‘N4’ was written—$100,000; or\nfor an applicant who is eligible for assistance under section 14 (2) —$50,000.\n(sch.59-sec.13-ssec.1) The amount of assistance that may be given to an applicant under this part of the scheme is the cost, up to the maximum amount of assistance mentioned in subsection (2) , of— if the primary boat for a primary commercial fishing licence is owned by the applicant—eligible work performed on the primary boat; or if a tender boat for the primary commercial fishing licence is owned by the applicant—eligible work performed on the tender boat.\n(sch.59-sec.13-ssec.2) The maximum amount of assistance that may be given to an applicant, in relation to a primary commercial fishing licence, is— for an applicant who is eligible for assistance under section 14 (1) — if the applicant held or leased, during the relevant period, a primary commercial fishing licence on which the fishery symbol ‘N1’ or ‘N2’, but not the fishery symbol ‘N4’, was written—$50,000; or if the applicant was, during the relevant period, the holder or lessee of a primary commercial fishing licence on which the fishery symbol ‘N4’ was written—$100,000; or for an applicant who is eligible for assistance under section 14 (2) —$50,000.\n- (a) if the primary boat for a primary commercial fishing licence is owned by the applicant—eligible work performed on the primary boat; or\n- (b) if a tender boat for the primary commercial fishing licence is owned by the applicant—eligible work performed on the tender boat.\n- (a) for an applicant who is eligible for assistance under section 14 (1) — (i) if the applicant held or leased, during the relevant period, a primary commercial fishing licence on which the fishery symbol ‘N1’ or ‘N2’, but not the fishery symbol ‘N4’, was written—$50,000; or (ii) if the applicant was, during the relevant period, the holder or lessee of a primary commercial fishing licence on which the fishery symbol ‘N4’ was written—$100,000; or\n- (i) if the applicant held or leased, during the relevant period, a primary commercial fishing licence on which the fishery symbol ‘N1’ or ‘N2’, but not the fishery symbol ‘N4’, was written—$50,000; or\n- (ii) if the applicant was, during the relevant period, the holder or lessee of a primary commercial fishing licence on which the fishery symbol ‘N4’ was written—$100,000; or\n- (b) for an applicant who is eligible for assistance under section 14 (2) —$50,000.\n- (i) if the applicant held or leased, during the relevant period, a primary commercial fishing licence on which the fishery symbol ‘N1’ or ‘N2’, but not the fishery symbol ‘N4’, was written—$50,000; or\n- (ii) if the applicant was, during the relevant period, the holder or lessee of a primary commercial fishing licence on which the fishery symbol ‘N4’ was written—$100,000; or","sortOrder":1029},{"sectionNumber":"sch.59-sec.14","sectionType":"section","heading":"Eligibility criteria","content":"### sch.59-sec.14 Eligibility criteria\n\nAn applicant is eligible for assistance under this part of the scheme if—\nthe applicant held or leased a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’ or ‘N4’ was written during the relevant period; and\nthe applicant took at least 1kg of fish—\nfrom a commercial fishery in any of management regions 1 to 5; and\nin accordance with the fishery symbol ‘N1’, ‘N2’ or ‘N4’ written on the licence; and\nduring the relevant period; and\nthe applicant owns the primary boat or a tender boat for the primary commercial fishing licence; and\nthe applicant gives the authority at least 2 quotes for eligible work, and no other work, for the boat mentioned in paragraph (c) from—\nan accredited marine surveyor; or\na person who is qualified to undertake marine outfitting or repair.\nAlso, an applicant is eligible for assistance under this part of the scheme if—\nthe applicant surrendered, on or after 8 December 2023—\na primary commercial fishing licence on which the fishery symbol ‘N3’ was written; or\nthe fishery symbol ‘N3’; and\nthe applicant owns the primary boat or a tender boat for the primary commercial fishing licence; and\nthe applicant gives the authority at least 2 quotes for eligible work, and no other work, for the boat mentioned in paragraph (b) , from—\nan accredited marine surveyor; or\na person who is qualified to undertake marine outfitting or repair.\nAn applicant is ineligible for assistance under this part of the scheme if—\nthe applicant has already received the maximum amount of assistance available under this part of the scheme; or\nthe applicant holds or leases a primary commercial fishing licence on which 1 or more of the following fishery symbols are written—\n‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’;\n‘NX’, ‘N3’, ‘N10’, ‘N15’.\n(sch.59-sec.14-ssec.1) An applicant is eligible for assistance under this part of the scheme if— the applicant held or leased a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’ or ‘N4’ was written during the relevant period; and the applicant took at least 1kg of fish— from a commercial fishery in any of management regions 1 to 5; and in accordance with the fishery symbol ‘N1’, ‘N2’ or ‘N4’ written on the licence; and during the relevant period; and the applicant owns the primary boat or a tender boat for the primary commercial fishing licence; and the applicant gives the authority at least 2 quotes for eligible work, and no other work, for the boat mentioned in paragraph (c) from— an accredited marine surveyor; or a person who is qualified to undertake marine outfitting or repair.\n(sch.59-sec.14-ssec.2) Also, an applicant is eligible for assistance under this part of the scheme if— the applicant surrendered, on or after 8 December 2023— a primary commercial fishing licence on which the fishery symbol ‘N3’ was written; or the fishery symbol ‘N3’; and the applicant owns the primary boat or a tender boat for the primary commercial fishing licence; and the applicant gives the authority at least 2 quotes for eligible work, and no other work, for the boat mentioned in paragraph (b) , from— an accredited marine surveyor; or a person who is qualified to undertake marine outfitting or repair.\n(sch.59-sec.14-ssec.3) An applicant is ineligible for assistance under this part of the scheme if— the applicant has already received the maximum amount of assistance available under this part of the scheme; or the applicant holds or leases a primary commercial fishing licence on which 1 or more of the following fishery symbols are written— ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’; ‘NX’, ‘N3’, ‘N10’, ‘N15’.\n- (a) the applicant held or leased a primary commercial fishing licence on which the fishery symbol ‘N1’, ‘N2’ or ‘N4’ was written during the relevant period; and\n- (b) the applicant took at least 1kg of fish— (i) from a commercial fishery in any of management regions 1 to 5; and (ii) in accordance with the fishery symbol ‘N1’, ‘N2’ or ‘N4’ written on the licence; and (iii) during the relevant period; and\n- (i) from a commercial fishery in any of management regions 1 to 5; and\n- (ii) in accordance with the fishery symbol ‘N1’, ‘N2’ or ‘N4’ written on the licence; and\n- (iii) during the relevant period; and\n- (c) the applicant owns the primary boat or a tender boat for the primary commercial fishing licence; and\n- (d) the applicant gives the authority at least 2 quotes for eligible work, and no other work, for the boat mentioned in paragraph (c) from— (i) an accredited marine surveyor; or (ii) a person who is qualified to undertake marine outfitting or repair.\n- (i) an accredited marine surveyor; or\n- (ii) a person who is qualified to undertake marine outfitting or repair.\n- (i) from a commercial fishery in any of management regions 1 to 5; and\n- (ii) in accordance with the fishery symbol ‘N1’, ‘N2’ or ‘N4’ written on the licence; and\n- (iii) during the relevant period; and\n- (i) an accredited marine surveyor; or\n- (ii) a person who is qualified to undertake marine outfitting or repair.\n- (a) the applicant surrendered, on or after 8 December 2023— (i) a primary commercial fishing licence on which the fishery symbol ‘N3’ was written; or (ii) the fishery symbol ‘N3’; and\n- (i) a primary commercial fishing licence on which the fishery symbol ‘N3’ was written; or\n- (ii) the fishery symbol ‘N3’; and\n- (b) the applicant owns the primary boat or a tender boat for the primary commercial fishing licence; and\n- (c) the applicant gives the authority at least 2 quotes for eligible work, and no other work, for the boat mentioned in paragraph (b) , from— (i) an accredited marine surveyor; or (ii) a person who is qualified to undertake marine outfitting or repair.\n- (i) an accredited marine surveyor; or\n- (ii) a person who is qualified to undertake marine outfitting or repair.\n- (i) a primary commercial fishing licence on which the fishery symbol ‘N3’ was written; or\n- (ii) the fishery symbol ‘N3’; and\n- (i) an accredited marine surveyor; or\n- (ii) a person who is qualified to undertake marine outfitting or repair.\n- (a) the applicant has already received the maximum amount of assistance available under this part of the scheme; or\n- (b) the applicant holds or leases a primary commercial fishing licence on which 1 or more of the following fishery symbols are written— (i) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’; (ii) ‘NX’, ‘N3’, ‘N10’, ‘N15’.\n- (i) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’;\n- (ii) ‘NX’, ‘N3’, ‘N10’, ‘N15’.\n- (i) ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’;\n- (ii) ‘NX’, ‘N3’, ‘N10’, ‘N15’.","sortOrder":1030},{"sectionNumber":"sch.59-sec.15","sectionType":"section","heading":"Conditions of assistance","content":"### sch.59-sec.15 Conditions of assistance\n\nThe payment of assistance to an applicant under this part of the scheme is subject to the following conditions—\nthe applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent it is relevant to the application;\nbefore receiving assistance under this part of the scheme, the applicant must give the authority a tax invoice for the eligible work mentioned in section 14 (1) (d) or (2) (c) from a person mentioned in the paragraph;\nif the assistance includes an amount for eligible survey work—before receiving the assistance, the applicant must give the authority a copy of the certificate of survey to which the eligible survey works relate;\nif the amount stated in a tax invoice for eligible work is more than the amount stated in the quote for the eligible work, the tax invoice must state, or be accompanied by, an explanation of the difference between the amounts.\n- (a) the applicant must give consent for the chief executive to give the authority a copy of the applicant’s fishing data to the extent it is relevant to the application;\n- (b) before receiving assistance under this part of the scheme, the applicant must give the authority a tax invoice for the eligible work mentioned in section 14 (1) (d) or (2) (c) from a person mentioned in the paragraph;\n- (c) if the assistance includes an amount for eligible survey work—before receiving the assistance, the applicant must give the authority a copy of the certificate of survey to which the eligible survey works relate;\n- (d) if the amount stated in a tax invoice for eligible work is more than the amount stated in the quote for the eligible work, the tax invoice must state, or be accompanied by, an explanation of the difference between the amounts.","sortOrder":1031},{"sectionNumber":"sch.59-pt.4","sectionType":"part","heading":"Business diversification grant","content":"# Business diversification grant","sortOrder":1032},{"sectionNumber":"sch.59-sec.16","sectionType":"section","heading":"Definitions for part","content":"### sch.59-sec.16 Definitions for part\n\nIn this part—\ndiversification plan , for an eligible business, see section 17 .\neligible business means a business—\nfor which an entity holds an Australian Business Number; and\neither—\nthat is carried on in Queensland; or\nthat has its headquarters located in Queensland.\nGreat Sandy region means the area of the Great Sandy Marine Park under the Marine Parks Act 2004 on the commencement.\ninterested person , for an eligible business, means—\nif the owner of the business is a sole trader—the sole trader; or\nif the owner of the business is a partnership, proprietary company or trust—a partner in the partnership, a director of the company or the trustee of the trust.\nowner , of a business, means the sole trader, partnership, proprietary company or trust that carries on the business.\n- (a) for which an entity holds an Australian Business Number; and\n- (b) either— (i) that is carried on in Queensland; or (ii) that has its headquarters located in Queensland.\n- (i) that is carried on in Queensland; or\n- (ii) that has its headquarters located in Queensland.\n- (i) that is carried on in Queensland; or\n- (ii) that has its headquarters located in Queensland.\n- (a) if the owner of the business is a sole trader—the sole trader; or\n- (b) if the owner of the business is a partnership, proprietary company or trust—a partner in the partnership, a director of the company or the trustee of the trust.","sortOrder":1033},{"sectionNumber":"sch.59-sec.17","sectionType":"section","heading":"Meaning of diversification plan","content":"### sch.59-sec.17 Meaning of diversification plan\n\nA diversification plan , for an eligible business, is a plan that includes—\ndetails of the actions the applicant is taking, or may take, to diversify the eligible business; and\ndetails of how the actions mentioned in paragraph (a) are likely to increase any of the following—\nthe profit of the eligible business;\nthe number of people employed by the eligible business;\nthe resilience of the eligible business;\nthe business skills of an interested person for the eligible business; and\nan estimate of the projected income of the eligible business until the diversification plan is implemented; and\nan explanation of, and evidence to support, the estimate mentioned in paragraph (c) ; and\na statement from a qualified financial adviser\na statement that the applicant will contribute at least 50% of the money to implement the plan.\nA diversification plan must not include a proposal to use the assistance, or the money contributed by the applicant to implement the plan, to pay for operational expenses.\ninsurance premiums, rates, rent, utility expenses, wages\n(sch.59-sec.17-ssec.1) A diversification plan , for an eligible business, is a plan that includes— details of the actions the applicant is taking, or may take, to diversify the eligible business; and details of how the actions mentioned in paragraph (a) are likely to increase any of the following— the profit of the eligible business; the number of people employed by the eligible business; the resilience of the eligible business; the business skills of an interested person for the eligible business; and an estimate of the projected income of the eligible business until the diversification plan is implemented; and an explanation of, and evidence to support, the estimate mentioned in paragraph (c) ; and a statement from a qualified financial adviser a statement that the applicant will contribute at least 50% of the money to implement the plan.\n(sch.59-sec.17-ssec.2) A diversification plan must not include a proposal to use the assistance, or the money contributed by the applicant to implement the plan, to pay for operational expenses. insurance premiums, rates, rent, utility expenses, wages\n- (a) details of the actions the applicant is taking, or may take, to diversify the eligible business; and\n- (b) details of how the actions mentioned in paragraph (a) are likely to increase any of the following— (i) the profit of the eligible business; (ii) the number of people employed by the eligible business; (iii) the resilience of the eligible business; (iv) the business skills of an interested person for the eligible business; and\n- (i) the profit of the eligible business;\n- (ii) the number of people employed by the eligible business;\n- (iii) the resilience of the eligible business;\n- (iv) the business skills of an interested person for the eligible business; and\n- (c) an estimate of the projected income of the eligible business until the diversification plan is implemented; and\n- (d) an explanation of, and evidence to support, the estimate mentioned in paragraph (c) ; and Example of evidence to support the estimate mentioned in paragraph (c) — a statement from a qualified financial adviser\n- (e) a statement that the applicant will contribute at least 50% of the money to implement the plan.\n- (i) the profit of the eligible business;\n- (ii) the number of people employed by the eligible business;\n- (iii) the resilience of the eligible business;\n- (iv) the business skills of an interested person for the eligible business; and","sortOrder":1034},{"sectionNumber":"sch.59-sec.18","sectionType":"section","heading":"Nature of assistance","content":"### sch.59-sec.18 Nature of assistance\n\nThe nature of the assistance that may be given to an applicant for an eligible business is a grant to assist the owner of the eligible business to diversify the business.","sortOrder":1035},{"sectionNumber":"sch.59-sec.19","sectionType":"section","heading":"Amount of assistance","content":"### sch.59-sec.19 Amount of assistance\n\nThe amount of assistance that may be given to an applicant for an eligible business under this part of the scheme is a grant for lesser of the following amounts—\n50% of the cost of implementing the diversification plan for the eligible business;\n$100,000.\n- (a) 50% of the cost of implementing the diversification plan for the eligible business;\n- (b) $100,000.","sortOrder":1036},{"sectionNumber":"sch.59-sec.20","sectionType":"section","heading":"Eligibility criteria","content":"### sch.59-sec.20 Eligibility criteria\n\nAn applicant is eligible for assistance for an eligible business under this part of the scheme if—\nthe applicant is the owner of the eligible business; and\nthe applicant declares that at least 75% of the income of the eligible business has been, or is projected to be, lost because the eligible business relied on fish taken—\nunder the fishery symbol ‘N1’, ‘N2’ or ‘N4’; or\nfrom a relevant Great Sandy fishery that was, or will be, affected by the commencement of—\nthe Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or\nthe Marine Parks (Great Sandy) Zoning Plan 2024 ; and\nthe applicant demonstrates, to the satisfaction of the authority, that the declaration in paragraph (b) is correct, including the provision of evidence supporting the declaration; and\na statement from a qualified financial adviser\nthe applicant gives the authority a diversification plan for the eligible business that complies with section 17 ; and\nthe authority is satisfied the diversification plan for the eligible business—\nis practically feasible; and\nis reasonably likely to return value for money for the eligible business; and\nis reasonably likely to improve 1 or more of the following—\nthe profit of the eligible business;\nthe number of people employed by the eligible business;\nthe resilience of the eligible business;\nthe business skills of an interested person for the eligible business; and\nthe applicant declares they will contribute at least 50% of the money to implement the diversification plan for the eligible business; and\nthe authority is satisfied the applicant will contribute 50% of the money to implement the diversification plan.\nAn applicant is ineligible for assistance for an eligible business under this part of the scheme if—\nthe applicant has already received the maximum amount of assistance under this part; or\nthe diversification plan for the eligible business includes a proposal to use the assistance, or the money contributed by the applicant to implement the plan, to pay for operational expenses.\nIn this section—\nrelevant Great Sandy fishery means a commercial fishery in the Great Sandy region for which 1 of the following fishery symbols is or was the fishery symbol for the fishery—\n‘A1’, ‘A2’, ‘C1’, ‘C2’;\n‘K8’, ‘L1’, ‘L2’, ‘L3’;\n‘N1’, ‘N2’, ‘N10’, ‘N11’;\n‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’.\n(sch.59-sec.20-ssec.1) An applicant is eligible for assistance for an eligible business under this part of the scheme if— the applicant is the owner of the eligible business; and the applicant declares that at least 75% of the income of the eligible business has been, or is projected to be, lost because the eligible business relied on fish taken— under the fishery symbol ‘N1’, ‘N2’ or ‘N4’; or from a relevant Great Sandy fishery that was, or will be, affected by the commencement of— the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or the Marine Parks (Great Sandy) Zoning Plan 2024 ; and the applicant demonstrates, to the satisfaction of the authority, that the declaration in paragraph (b) is correct, including the provision of evidence supporting the declaration; and a statement from a qualified financial adviser the applicant gives the authority a diversification plan for the eligible business that complies with section 17 ; and the authority is satisfied the diversification plan for the eligible business— is practically feasible; and is reasonably likely to return value for money for the eligible business; and is reasonably likely to improve 1 or more of the following— the profit of the eligible business; the number of people employed by the eligible business; the resilience of the eligible business; the business skills of an interested person for the eligible business; and the applicant declares they will contribute at least 50% of the money to implement the diversification plan for the eligible business; and the authority is satisfied the applicant will contribute 50% of the money to implement the diversification plan.\n(sch.59-sec.20-ssec.2) An applicant is ineligible for assistance for an eligible business under this part of the scheme if— the applicant has already received the maximum amount of assistance under this part; or the diversification plan for the eligible business includes a proposal to use the assistance, or the money contributed by the applicant to implement the plan, to pay for operational expenses.\n(sch.59-sec.20-ssec.3) In this section— relevant Great Sandy fishery means a commercial fishery in the Great Sandy region for which 1 of the following fishery symbols is or was the fishery symbol for the fishery— ‘A1’, ‘A2’, ‘C1’, ‘C2’; ‘K8’, ‘L1’, ‘L2’, ‘L3’; ‘N1’, ‘N2’, ‘N10’, ‘N11’; ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’.\n- (a) the applicant is the owner of the eligible business; and\n- (b) the applicant declares that at least 75% of the income of the eligible business has been, or is projected to be, lost because the eligible business relied on fish taken— (i) under the fishery symbol ‘N1’, ‘N2’ or ‘N4’; or (ii) from a relevant Great Sandy fishery that was, or will be, affected by the commencement of— (A) the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or (B) the Marine Parks (Great Sandy) Zoning Plan 2024 ; and\n- (i) under the fishery symbol ‘N1’, ‘N2’ or ‘N4’; or\n- (ii) from a relevant Great Sandy fishery that was, or will be, affected by the commencement of— (A) the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or (B) the Marine Parks (Great Sandy) Zoning Plan 2024 ; and\n- (A) the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or\n- (B) the Marine Parks (Great Sandy) Zoning Plan 2024 ; and\n- (c) the applicant demonstrates, to the satisfaction of the authority, that the declaration in paragraph (b) is correct, including the provision of evidence supporting the declaration; and Example of evidence to support the declaration in paragraph (b) — a statement from a qualified financial adviser\n- (d) the applicant gives the authority a diversification plan for the eligible business that complies with section 17 ; and\n- (e) the authority is satisfied the diversification plan for the eligible business— (i) is practically feasible; and (ii) is reasonably likely to return value for money for the eligible business; and (iii) is reasonably likely to improve 1 or more of the following— (A) the profit of the eligible business; (B) the number of people employed by the eligible business; (C) the resilience of the eligible business; (D) the business skills of an interested person for the eligible business; and\n- (i) is practically feasible; and\n- (ii) is reasonably likely to return value for money for the eligible business; and\n- (iii) is reasonably likely to improve 1 or more of the following— (A) the profit of the eligible business; (B) the number of people employed by the eligible business; (C) the resilience of the eligible business; (D) the business skills of an interested person for the eligible business; and\n- (A) the profit of the eligible business;\n- (B) the number of people employed by the eligible business;\n- (C) the resilience of the eligible business;\n- (D) the business skills of an interested person for the eligible business; and\n- (f) the applicant declares they will contribute at least 50% of the money to implement the diversification plan for the eligible business; and\n- (g) the authority is satisfied the applicant will contribute 50% of the money to implement the diversification plan.\n- (i) under the fishery symbol ‘N1’, ‘N2’ or ‘N4’; or\n- (ii) from a relevant Great Sandy fishery that was, or will be, affected by the commencement of— (A) the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or (B) the Marine Parks (Great Sandy) Zoning Plan 2024 ; and\n- (A) the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or\n- (B) the Marine Parks (Great Sandy) Zoning Plan 2024 ; and\n- (A) the Fisheries and Other Legislation (Structural Reform) Amendment Regulation 2023 , part 2 ; or\n- (B) the Marine Parks (Great Sandy) Zoning Plan 2024 ; and\n- (i) is practically feasible; and\n- (ii) is reasonably likely to return value for money for the eligible business; and\n- (iii) is reasonably likely to improve 1 or more of the following— (A) the profit of the eligible business; (B) the number of people employed by the eligible business; (C) the resilience of the eligible business; (D) the business skills of an interested person for the eligible business; and\n- (A) the profit of the eligible business;\n- (B) the number of people employed by the eligible business;\n- (C) the resilience of the eligible business;\n- (D) the business skills of an interested person for the eligible business; and\n- (A) the profit of the eligible business;\n- (B) the number of people employed by the eligible business;\n- (C) the resilience of the eligible business;\n- (D) the business skills of an interested person for the eligible business; and\n- (a) the applicant has already received the maximum amount of assistance under this part; or\n- (b) the diversification plan for the eligible business includes a proposal to use the assistance, or the money contributed by the applicant to implement the plan, to pay for operational expenses.\n- (a) ‘A1’, ‘A2’, ‘C1’, ‘C2’;\n- (b) ‘K8’, ‘L1’, ‘L2’, ‘L3’;\n- (c) ‘N1’, ‘N2’, ‘N10’, ‘N11’;\n- (d) ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’.","sortOrder":1037},{"sectionNumber":"sch.59-sec.21","sectionType":"section","heading":"Conditions of assistance","content":"### sch.59-sec.21 Conditions of assistance\n\nThe payment of assistance to an applicant for an eligible business under this part of the scheme is subject to the following conditions—\nbefore receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\nthe applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\nthe applicant must give the authority an acquittal statement for the assistance by the date stated in the agreement;\nif the applicant contributes less than 50% of the money to implement the diversification plan, the applicant must repay all or part of the assistance to the authority.\nThe authority may decide the amount to be repaid under subsection (1) (d) .\n(sch.59-sec.21-ssec.1) The payment of assistance to an applicant for an eligible business under this part of the scheme is subject to the following conditions— before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided; the applicant must comply with the terms of the agreement mentioned in paragraph (a) ; the applicant must give the authority an acquittal statement for the assistance by the date stated in the agreement; if the applicant contributes less than 50% of the money to implement the diversification plan, the applicant must repay all or part of the assistance to the authority.\n(sch.59-sec.21-ssec.2) The authority may decide the amount to be repaid under subsection (1) (d) .\n- (a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\n- (c) the applicant must give the authority an acquittal statement for the assistance by the date stated in the agreement;\n- (d) if the applicant contributes less than 50% of the money to implement the diversification plan, the applicant must repay all or part of the assistance to the authority.","sortOrder":1038},{"sectionNumber":"sch.59-pt.5","sectionType":"part","heading":"Applications","content":"# Applications","sortOrder":1039},{"sectionNumber":"sch.59-sec.22","sectionType":"section","heading":"Operation of scheme","content":"### sch.59-sec.22 Operation of scheme\n\nThe scheme opens on the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.\nFor assistance under parts 2 to 4 , the scheme closes on the earlier of the following days—\nthe day on which the authority’s assistance funds become insufficient to pay further assistance under the scheme;\nthe closing day.\nFor subsection (2) (b) , the closing day is the later of the following days—\n30 January 2025;\nthe day stated in an extension notice made under section 24 .\n(sch.59-sec.22-ssec.1) The scheme opens on the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.\n(sch.59-sec.22-ssec.2) For assistance under parts 2 to 4 , the scheme closes on the earlier of the following days— the day on which the authority’s assistance funds become insufficient to pay further assistance under the scheme; the closing day.\n(sch.59-sec.22-ssec.3) For subsection (2) (b) , the closing day is the later of the following days— 30 January 2025; the day stated in an extension notice made under section 24 .\n- (a) the day on which the authority’s assistance funds become insufficient to pay further assistance under the scheme;\n- (b) the closing day.\n- (a) 30 January 2025;\n- (b) the day stated in an extension notice made under section 24 .","sortOrder":1040},{"sectionNumber":"sch.59-sec.23","sectionType":"section","heading":"Requirements for applications","content":"### sch.59-sec.23 Requirements for applications\n\nAn application for assistance under the scheme must—\nbe made on the approved form; and\nbe accompanied by the documents stated on the application form; and\nbe given to the authority while the scheme is open under section 22 .\nIf the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\n(sch.59-sec.23-ssec.1) An application for assistance under the scheme must— be made on the approved form; and be accompanied by the documents stated on the application form; and be given to the authority while the scheme is open under section 22 .\n(sch.59-sec.23-ssec.2) If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\n- (a) be made on the approved form; and\n- (b) be accompanied by the documents stated on the application form; and\n- (c) be given to the authority while the scheme is open under section 22 .","sortOrder":1041},{"sectionNumber":"sch.59-sec.24","sectionType":"section","heading":"Extension of closing day","content":"### sch.59-sec.24 Extension of closing day\n\nThe Minister may, by notice published on the authority’s website (an extension notice ), extend the closing day to a stated day that is no later than 1 August 2025.\nHowever, the Minister may publish an extension notice only if the Minister is satisfied applicants need more time in which to apply for assistance under the scheme.\nThe Minister must table a copy of the extension notice in the Legislative Assembly within 14 days after the day the extension notice is made.\n(sch.59-sec.24-ssec.1) The Minister may, by notice published on the authority’s website (an extension notice ), extend the closing day to a stated day that is no later than 1 August 2025.\n(sch.59-sec.24-ssec.2) However, the Minister may publish an extension notice only if the Minister is satisfied applicants need more time in which to apply for assistance under the scheme.\n(sch.59-sec.24-ssec.3) The Minister must table a copy of the extension notice in the Legislative Assembly within 14 days after the day the extension notice is made.","sortOrder":1042},{"sectionNumber":"sch.59-sec.25","sectionType":"section","heading":"Deciding applications","content":"### sch.59-sec.25 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application under the scheme.\nHowever, the authority does not need to consider an application that does not comply with section 23 .\nThe authority must decide applications in the order they are received by the authority.\nThe authority must refuse to approve an application under a part of the scheme if the authority’s assistance funds for the assistance applied for are not sufficient to pay for the assistance.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\nThe authority may, with the agreement of the applicant, approve an amount of assistance that is less than the amount applied for.\n(sch.59-sec.25-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application under the scheme.\n(sch.59-sec.25-ssec.2) However, the authority does not need to consider an application that does not comply with section 23 .\n(sch.59-sec.25-ssec.3) The authority must decide applications in the order they are received by the authority.\n(sch.59-sec.25-ssec.4) The authority must refuse to approve an application under a part of the scheme if the authority’s assistance funds for the assistance applied for are not sufficient to pay for the assistance.\n(sch.59-sec.25-ssec.5) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\n(sch.59-sec.25-ssec.6) The authority may, with the agreement of the applicant, approve an amount of assistance that is less than the amount applied for.","sortOrder":1043},{"sectionNumber":"sch.60-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1044},{"sectionNumber":"sch.60-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.60-sec.1 Objective of scheme\n\nThe objective of the scheme is to improve biosecurity and traceability in Queensland’s sheep and goat industry.","sortOrder":1045},{"sectionNumber":"sch.60-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.60-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to give primary producers and livestock agents a rebate to offset up to half the cost of purchasing eligible hardware.","sortOrder":1046},{"sectionNumber":"sch.60-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.60-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means an entity applying for assistance under the scheme.\napproved device see the Biosecurity Act 2014 , schedule 4 .\ndesignated place see the Biosecurity Act 2014 , schedule 4 .\nelectronic reader —\nmeans a device that can be used to scan an approved device; but\ndoes not include any software or other equipment or infrastructure used to install or operate the device mentioned in paragraph (a) .\nbatteries, cables or stands on which the device may be mounted\neligible hardware means—\nif the applicant is a primary producer—\nan approved device for use on a sheep or a goat; or\nan electronic reader; or\na combination of the devices mentioned in subparagraph (i) and (ii) ; or\nif the applicant is a livestock agent—an electronic reader.\nlivestock agent see section 5 .\nPIC see the Biosecurity Act 2014 , schedule 4 .\nprimary producer see section 4 .\nscheme means the scheme set out in this schedule.\n- (a) means a device that can be used to scan an approved device; but\n- (b) does not include any software or other equipment or infrastructure used to install or operate the device mentioned in paragraph (a) . Examples of other equipment or infrastructure— batteries, cables or stands on which the device may be mounted\n- (a) if the applicant is a primary producer— (i) an approved device for use on a sheep or a goat; or (ii) an electronic reader; or (iii) a combination of the devices mentioned in subparagraph (i) and (ii) ; or\n- (i) an approved device for use on a sheep or a goat; or\n- (ii) an electronic reader; or\n- (iii) a combination of the devices mentioned in subparagraph (i) and (ii) ; or\n- (b) if the applicant is a livestock agent—an electronic reader.\n- (i) an approved device for use on a sheep or a goat; or\n- (ii) an electronic reader; or\n- (iii) a combination of the devices mentioned in subparagraph (i) and (ii) ; or","sortOrder":1047},{"sectionNumber":"sch.60-sec.4","sectionType":"section","heading":"Meaning of primary producer","content":"### sch.60-sec.4 Meaning of primary producer\n\nA primary producer means a registered biosecurity entity who, immediately before the entity makes an application under the scheme—\nkeeps at least 30 sheep or goats, consisting of either sheep or goats or a combination of both; and\nkeeps the sheep or goats at 1 or more designated places for which a PIC has been allocated.\nIn this section—\nregistered biosecurity entity see the Biosecurity Act 2014 , schedule 4 .\n(sch.60-sec.4-ssec.1) A primary producer means a registered biosecurity entity who, immediately before the entity makes an application under the scheme— keeps at least 30 sheep or goats, consisting of either sheep or goats or a combination of both; and keeps the sheep or goats at 1 or more designated places for which a PIC has been allocated.\n(sch.60-sec.4-ssec.2) In this section— registered biosecurity entity see the Biosecurity Act 2014 , schedule 4 .\n- (a) keeps at least 30 sheep or goats, consisting of either sheep or goats or a combination of both; and\n- (b) keeps the sheep or goats at 1 or more designated places for which a PIC has been allocated.","sortOrder":1048},{"sectionNumber":"sch.60-sec.5","sectionType":"section","heading":"Meaning of livestock agent","content":"### sch.60-sec.5 Meaning of livestock agent\n\nA livestock agent means an entity—\nwho holds—\nan Australian Business Number; and\nan NLIS account as an agent that, within the 12 months immediately before making an application under the scheme, recorded the movement of sheep or goats off a designated place for which a PIC has been allocated; and\nwho carries on business as a livestock agent in Queensland; and\nwhose principle place of business is located in Queensland.\nIn this section—\nNLIS see the Biosecurity Act 2014 , schedule 4 .\nNLIS account means an account registered under the NLIS.\n(sch.60-sec.5-ssec.1) A livestock agent means an entity— who holds— an Australian Business Number; and an NLIS account as an agent that, within the 12 months immediately before making an application under the scheme, recorded the movement of sheep or goats off a designated place for which a PIC has been allocated; and who carries on business as a livestock agent in Queensland; and whose principle place of business is located in Queensland.\n(sch.60-sec.5-ssec.2) In this section— NLIS see the Biosecurity Act 2014 , schedule 4 . NLIS account means an account registered under the NLIS.\n- (a) who holds— (i) an Australian Business Number; and (ii) an NLIS account as an agent that, within the 12 months immediately before making an application under the scheme, recorded the movement of sheep or goats off a designated place for which a PIC has been allocated; and\n- (i) an Australian Business Number; and\n- (ii) an NLIS account as an agent that, within the 12 months immediately before making an application under the scheme, recorded the movement of sheep or goats off a designated place for which a PIC has been allocated; and\n- (b) who carries on business as a livestock agent in Queensland; and\n- (c) whose principle place of business is located in Queensland.\n- (i) an Australian Business Number; and\n- (ii) an NLIS account as an agent that, within the 12 months immediately before making an application under the scheme, recorded the movement of sheep or goats off a designated place for which a PIC has been allocated; and","sortOrder":1049},{"sectionNumber":"sch.60-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":1050},{"sectionNumber":"sch.60-sec.6","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.60-sec.6 Nature and amount of assistance\n\nThe nature of the assistance available under the scheme is a rebate of up to half of the cost of eligible hardware purchased on or after 1 January 2023.\nThe maximum amount of assistance payable to an applicant is—\nif the applicant is a primary producer—$1,600 for each PIC allocated to a designated place at which the primary producer keeps sheep or goats; or\nif the applicant is a livestock agent— $1,600.\n(sch.60-sec.6-ssec.1) The nature of the assistance available under the scheme is a rebate of up to half of the cost of eligible hardware purchased on or after 1 January 2023.\n(sch.60-sec.6-ssec.2) The maximum amount of assistance payable to an applicant is— if the applicant is a primary producer—$1,600 for each PIC allocated to a designated place at which the primary producer keeps sheep or goats; or if the applicant is a livestock agent— $1,600.\n- (a) if the applicant is a primary producer—$1,600 for each PIC allocated to a designated place at which the primary producer keeps sheep or goats; or\n- (b) if the applicant is a livestock agent— $1,600.","sortOrder":1051},{"sectionNumber":"sch.60-sec.7","sectionType":"section","heading":"Operation of scheme","content":"### sch.60-sec.7 Operation of scheme\n\nThe scheme opens on the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.\nThe scheme closes on 30 June 2025 (the closing day ).\nHowever, the Minister may, by notice published on the authority’s website (the extension notice ), extend the closing day to a stated day that is not more than 6 months after the closing day.\nThe Minister may publish the extension notice only if the Minister is satisfied entities need more time in which to apply for assistance under the scheme.\nThe Minister must table a copy of the extension notice in the Legislative Assembly within 14 days after the day the notice is published.\n(sch.60-sec.7-ssec.1) The scheme opens on the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.\n(sch.60-sec.7-ssec.2) The scheme closes on 30 June 2025 (the closing day ).\n(sch.60-sec.7-ssec.3) However, the Minister may, by notice published on the authority’s website (the extension notice ), extend the closing day to a stated day that is not more than 6 months after the closing day.\n(sch.60-sec.7-ssec.4) The Minister may publish the extension notice only if the Minister is satisfied entities need more time in which to apply for assistance under the scheme.\n(sch.60-sec.7-ssec.5) The Minister must table a copy of the extension notice in the Legislative Assembly within 14 days after the day the notice is published.","sortOrder":1052},{"sectionNumber":"sch.60-sec.8","sectionType":"section","heading":"Eligibility criteria","content":"### sch.60-sec.8 Eligibility criteria\n\nAn applicant is eligible to receive assistance under the scheme if the applicant—\nis a primary producer or a livestock agent; and\npurchased eligible hardware on or after 1 January 2023.\n- (a) is a primary producer or a livestock agent; and\n- (b) purchased eligible hardware on or after 1 January 2023.","sortOrder":1053},{"sectionNumber":"sch.60-sec.9","sectionType":"section","heading":"Requirements for applications","content":"### sch.60-sec.9 Requirements for applications\n\nAn application for assistance under the scheme must be—\nmade using the form approved by the authority; and\naccompanied by—\ncopies of the tax invoices, official receipts or bank statements that evidence the amount claimed by the applicant; and\nthe documents stated in the approved form; and\ngiven to the authority while the scheme is open under section 7 .\nIf the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\nIn this section—\nofficial receipt means a receipt that includes—\nthe name and address of the entity that issued the receipt; and\nif the issuing entity has an Australian Business Number—the Australian Business Number; and\na description of each item to which the receipt relates; and\nthe date the amount to which the receipt relates was paid.\n(sch.60-sec.9-ssec.1) An application for assistance under the scheme must be— made using the form approved by the authority; and accompanied by— copies of the tax invoices, official receipts or bank statements that evidence the amount claimed by the applicant; and the documents stated in the approved form; and given to the authority while the scheme is open under section 7 .\n(sch.60-sec.9-ssec.2) If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.\n(sch.60-sec.9-ssec.3) In this section— official receipt means a receipt that includes— the name and address of the entity that issued the receipt; and if the issuing entity has an Australian Business Number—the Australian Business Number; and a description of each item to which the receipt relates; and the date the amount to which the receipt relates was paid.\n- (a) made using the form approved by the authority; and\n- (b) accompanied by— (i) copies of the tax invoices, official receipts or bank statements that evidence the amount claimed by the applicant; and (ii) the documents stated in the approved form; and\n- (i) copies of the tax invoices, official receipts or bank statements that evidence the amount claimed by the applicant; and\n- (ii) the documents stated in the approved form; and\n- (c) given to the authority while the scheme is open under section 7 .\n- (i) copies of the tax invoices, official receipts or bank statements that evidence the amount claimed by the applicant; and\n- (ii) the documents stated in the approved form; and\n- (a) the name and address of the entity that issued the receipt; and\n- (b) if the issuing entity has an Australian Business Number—the Australian Business Number; and\n- (c) a description of each item to which the receipt relates; and\n- (d) the date the amount to which the receipt relates was paid.","sortOrder":1054},{"sectionNumber":"sch.60-sec.10","sectionType":"section","heading":"Conditions for assistance—keeping records for audit","content":"### sch.60-sec.10 Conditions for assistance—keeping records for audit\n\nPayment of assistance to an applicant under the scheme is subject to the following conditions—\nthe applicant must keep the originals of the documents mentioned in section 9 (1) (b) (i) for 1 year after the day the scheme closes under section 7 ;\nthe applicant must enable the authority to conduct an audit of the documents mentioned in paragraph (a) to verify amounts given to the applicant under the scheme are used in accordance with the application for assistance.\n- (a) the applicant must keep the originals of the documents mentioned in section 9 (1) (b) (i) for 1 year after the day the scheme closes under section 7 ;\n- (b) the applicant must enable the authority to conduct an audit of the documents mentioned in paragraph (a) to verify amounts given to the applicant under the scheme are used in accordance with the application for assistance.","sortOrder":1055},{"sectionNumber":"sch.60-sec.11","sectionType":"section","heading":"Deciding applications","content":"### sch.60-sec.11 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\nHowever, the authority does not need to consider an application if the application or the applicant does not comply with section 9 .\nThe authority must refuse to approve an application if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance applied for in the application.\nIf the authority refuses to approve the application, the authority must give the applicant written notice of the decision.\n(sch.60-sec.11-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\n(sch.60-sec.11-ssec.2) However, the authority does not need to consider an application if the application or the applicant does not comply with section 9 .\n(sch.60-sec.11-ssec.3) The authority must refuse to approve an application if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance applied for in the application.\n(sch.60-sec.11-ssec.4) If the authority refuses to approve the application, the authority must give the applicant written notice of the decision.","sortOrder":1056},{"sectionNumber":"sch.61-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1057},{"sectionNumber":"sch.61-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.61-sec.1 Objective of scheme\n\nThe objective of the scheme is to provide financial assistance, under agreements entered into from time to time between the Commonwealth and the State, to eligible entities to improve drought resilience in relevant regions.","sortOrder":1058},{"sectionNumber":"sch.61-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.61-sec.2 Purpose of assistance\n\nThe purpose of financial assistance under the scheme is to provide grants to an eligible entity to assist it with paying—\nwages and salaries necessary to amend a draft plan as required by the Commonwealth Minister for drought; or\nin relation to the entity’s regional drought resilience plan—\nwages and salaries necessary to carry out eligible activities identified in the plan; and\nother costs associated with carrying out eligible activities identified in the plan.\n- (a) wages and salaries necessary to amend a draft plan as required by the Commonwealth Minister for drought; or\n- (b) in relation to the entity’s regional drought resilience plan— (i) wages and salaries necessary to carry out eligible activities identified in the plan; and (ii) other costs associated with carrying out eligible activities identified in the plan.\n- (i) wages and salaries necessary to carry out eligible activities identified in the plan; and\n- (ii) other costs associated with carrying out eligible activities identified in the plan.\n- (i) wages and salaries necessary to carry out eligible activities identified in the plan; and\n- (ii) other costs associated with carrying out eligible activities identified in the plan.","sortOrder":1059},{"sectionNumber":"sch.61-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.61-sec.3 Definitions for schedule\n\nIn this schedule—\nactivity grant see section 4 .\napplicant means an entity applying for assistance under the scheme.\nchief executive means the chief executive of the department in which the Fisheries Act 1994 is administered.\nsch 61 s 3 def chief executive ins 2025 SL No. 138 s 12\nCommonwealth Minister for drought means the Drought Minister within the meaning of the Future Drought Fund Act 2019 (Cwlth) , section 5 .\ndraft plan , for an eligible entity, see section 5 .\ndrought resilience see the Future Drought Fund Act 2019 (Cwlth) , section 5 .\neligible activities see section 6 .\neligible entity see section 7 .\neligibility notice see section 8 .\nregional drought resilience plan , for an eligible entity, see section 9 .\nrelevant Commonwealth department means the government department administered by the Commonwealth Minister for drought.\nrelevant region , in relation to an eligible entity, means a particular area or region of the State identified in the entity’s regional drought resilience plan or draft plan.\nremuneration grant see section 10 .\nscheme means the scheme set out in this schedule.","sortOrder":1060},{"sectionNumber":"sch.61-sec.4","sectionType":"section","heading":"Meaning of activity grant","content":"### sch.61-sec.4 Meaning of activity grant\n\nAn activity grant is a grant of financial assistance to an applicant under the scheme for carrying out eligible activities identified in the applicant’s regional drought resilience plan.","sortOrder":1061},{"sectionNumber":"sch.61-sec.5","sectionType":"section","heading":"Meaning of draft plan","content":"### sch.61-sec.5 Meaning of draft plan\n\nA draft plan , for an eligible entity, is a plan about drought resilience in a particular area or region of the State, that—\nwas given to the chief executive by the eligible entity before the commencement; and\nthat has not been approved, or refused to be approved, by the Commonwealth Minister for drought as a regional drought resilience plan.\n- (a) was given to the chief executive by the eligible entity before the commencement; and\n- (b) that has not been approved, or refused to be approved, by the Commonwealth Minister for drought as a regional drought resilience plan.","sortOrder":1062},{"sectionNumber":"sch.61-sec.6","sectionType":"section","heading":"Meaning of eligible activities","content":"### sch.61-sec.6 Meaning of eligible activities\n\nEligible activities are activities that—\nare identified in a regional drought resilience plan; and\nare designed to improve drought resilience for the relevant region for the plan; and\nare carried out after the plan is published on the relevant Commonwealth department’s website; and\nare completed no later than the day the scheme closes under section 15 .\nsch 61 s 6 amd 2025 SL No. 120 s 14\n- (a) are identified in a regional drought resilience plan; and\n- (b) are designed to improve drought resilience for the relevant region for the plan; and\n- (c) are carried out after the plan is published on the relevant Commonwealth department’s website; and\n- (d) are completed no later than the day the scheme closes under section 15 .","sortOrder":1063},{"sectionNumber":"sch.61-sec.7","sectionType":"section","heading":"Meaning of eligible entity","content":"### sch.61-sec.7 Meaning of eligible entity\n\nEach of the following is an eligible entity —\na local government;\na natural resource management organisation;\na regional development authority committee;\na regional organisation of councils.\nIn this section—\nnatural resource management organisation means an entity established to manage, protect and preserve the natural resources of a particular area or region of the State.\nDesert Channels Group, Fitzroy Basin Association\nRegional Development Australia Charter means the document of that name made by the Commonwealth Minister responsible for regional development on 28 July 2023 and published on the website of Regional Development Australia.\nregional development authority committee means a committee—\nestablished by the Commonwealth Government to represent a particular region or area of the State; and\nthat operates in accordance with the Regional Development Australian Charter.\nregional organisation of councils means an entity established to represent 2 or more local governments within a particular region or area of the State.\n(sch.61-sec.7-ssec.1) Each of the following is an eligible entity — a local government; a natural resource management organisation; a regional development authority committee; a regional organisation of councils.\n(sch.61-sec.7-ssec.2) In this section— natural resource management organisation means an entity established to manage, protect and preserve the natural resources of a particular area or region of the State. Desert Channels Group, Fitzroy Basin Association Regional Development Australia Charter means the document of that name made by the Commonwealth Minister responsible for regional development on 28 July 2023 and published on the website of Regional Development Australia. regional development authority committee means a committee— established by the Commonwealth Government to represent a particular region or area of the State; and that operates in accordance with the Regional Development Australian Charter. regional organisation of councils means an entity established to represent 2 or more local governments within a particular region or area of the State.\n- (a) a local government;\n- (b) a natural resource management organisation;\n- (c) a regional development authority committee;\n- (d) a regional organisation of councils.\n- (a) established by the Commonwealth Government to represent a particular region or area of the State; and\n- (b) that operates in accordance with the Regional Development Australian Charter.","sortOrder":1064},{"sectionNumber":"sch.61-sec.8","sectionType":"section","heading":"Meaning of eligibility notice","content":"### sch.61-sec.8 Meaning of eligibility notice\n\nAn eligibility notice is a written notice stating the matters mentioned in subsection (2) that is given by the chief executive to an eligible entity for the purposes of enabling the entity apply for assistance under the scheme in relation to the entity’s regional drought resilience plan or draft plan.\nThe notice must state—\nif the notice relates to a regional drought resilience plan—\nthat the Commonwealth Minister for drought has approved the eligible entity’s draft plan as a regional drought resilience plan; and\nthe eligible activities identified in the plan in relation to which the entity may apply for assistance under the scheme; and\nthe amount of financial assistance the chief executive recommends may be granted by the authority in relation to stated wages, salary or fees to carry out the eligible activities; or\nif the notice relates to a draft plan—\nthat the Commonwealth Minister for drought requires the plan to be amended before it may be approved as a regional drought resilience plan; and\nthe amount of financial assistance the chief executive recommends may be granted by the authority in relation to stated wages, salary or fees to amend the draft plan in accordance with the Commonwealth Minister for drought’s requirements.\n(sch.61-sec.8-ssec.1) An eligibility notice is a written notice stating the matters mentioned in subsection (2) that is given by the chief executive to an eligible entity for the purposes of enabling the entity apply for assistance under the scheme in relation to the entity’s regional drought resilience plan or draft plan.\n(sch.61-sec.8-ssec.2) The notice must state— if the notice relates to a regional drought resilience plan— that the Commonwealth Minister for drought has approved the eligible entity’s draft plan as a regional drought resilience plan; and the eligible activities identified in the plan in relation to which the entity may apply for assistance under the scheme; and the amount of financial assistance the chief executive recommends may be granted by the authority in relation to stated wages, salary or fees to carry out the eligible activities; or if the notice relates to a draft plan— that the Commonwealth Minister for drought requires the plan to be amended before it may be approved as a regional drought resilience plan; and the amount of financial assistance the chief executive recommends may be granted by the authority in relation to stated wages, salary or fees to amend the draft plan in accordance with the Commonwealth Minister for drought’s requirements.\n- (a) if the notice relates to a regional drought resilience plan— (i) that the Commonwealth Minister for drought has approved the eligible entity’s draft plan as a regional drought resilience plan; and (ii) the eligible activities identified in the plan in relation to which the entity may apply for assistance under the scheme; and (iii) the amount of financial assistance the chief executive recommends may be granted by the authority in relation to stated wages, salary or fees to carry out the eligible activities; or\n- (i) that the Commonwealth Minister for drought has approved the eligible entity’s draft plan as a regional drought resilience plan; and\n- (ii) the eligible activities identified in the plan in relation to which the entity may apply for assistance under the scheme; and\n- (iii) the amount of financial assistance the chief executive recommends may be granted by the authority in relation to stated wages, salary or fees to carry out the eligible activities; or\n- (b) if the notice relates to a draft plan— (i) that the Commonwealth Minister for drought requires the plan to be amended before it may be approved as a regional drought resilience plan; and (ii) the amount of financial assistance the chief executive recommends may be granted by the authority in relation to stated wages, salary or fees to amend the draft plan in accordance with the Commonwealth Minister for drought’s requirements.\n- (i) that the Commonwealth Minister for drought requires the plan to be amended before it may be approved as a regional drought resilience plan; and\n- (ii) the amount of financial assistance the chief executive recommends may be granted by the authority in relation to stated wages, salary or fees to amend the draft plan in accordance with the Commonwealth Minister for drought’s requirements.\n- (i) that the Commonwealth Minister for drought has approved the eligible entity’s draft plan as a regional drought resilience plan; and\n- (ii) the eligible activities identified in the plan in relation to which the entity may apply for assistance under the scheme; and\n- (iii) the amount of financial assistance the chief executive recommends may be granted by the authority in relation to stated wages, salary or fees to carry out the eligible activities; or\n- (i) that the Commonwealth Minister for drought requires the plan to be amended before it may be approved as a regional drought resilience plan; and\n- (ii) the amount of financial assistance the chief executive recommends may be granted by the authority in relation to stated wages, salary or fees to amend the draft plan in accordance with the Commonwealth Minister for drought’s requirements.","sortOrder":1065},{"sectionNumber":"sch.61-sec.9","sectionType":"section","heading":"Meaning of regional drought resilience plan","content":"### sch.61-sec.9 Meaning of regional drought resilience plan\n\nA regional drought resilience plan , for an eligible entity, is a plan about drought resilience for a stated relevant region, to which the entity is a party, that is—\napproved by the Commonwealth Minister for drought under the program known as the Future Drought Fund Regional Drought Resilience Planning Program administered by the relevant Commonwealth department; and\npublished on the relevant Commonwealth department’s website.\n- (a) approved by the Commonwealth Minister for drought under the program known as the Future Drought Fund Regional Drought Resilience Planning Program administered by the relevant Commonwealth department; and\n- (b) published on the relevant Commonwealth department’s website.","sortOrder":1066},{"sectionNumber":"sch.61-sec.10","sectionType":"section","heading":"Meaning of remuneration grant","content":"### sch.61-sec.10 Meaning of remuneration grant\n\nA remuneration grant is a grant of financial assistance to an applicant under the scheme for wages, salary or fees the entity pays a person employed or otherwise engaged to assist the applicant—\nfor a draft plan—to make amendments to the draft plan as required by the Commonwealth Minister for drought before the plan is approved as a regional drought resilience plan; or\nfor a regional drought resilience plan—to carry out eligible activities identified in the plan.\n- (a) for a draft plan—to make amendments to the draft plan as required by the Commonwealth Minister for drought before the plan is approved as a regional drought resilience plan; or\n- (b) for a regional drought resilience plan—to carry out eligible activities identified in the plan.","sortOrder":1067},{"sectionNumber":"sch.61-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":1068},{"sectionNumber":"sch.61-sec.11","sectionType":"section","heading":"Nature of assistance","content":"### sch.61-sec.11 Nature of assistance\n\nThe nature of the financial assistance that may be given to an applicant under the scheme is—\nan activity grant; or\na remuneration grant.\nAn applicant may apply for both an activity grant and a remuneration grant.\nAlso, an applicant who applies for a remuneration grant for a draft plan may also apply for a remuneration grant for the regional drought resilience plan.\n(sch.61-sec.11-ssec.1) The nature of the financial assistance that may be given to an applicant under the scheme is— an activity grant; or a remuneration grant.\n(sch.61-sec.11-ssec.2) An applicant may apply for both an activity grant and a remuneration grant.\n(sch.61-sec.11-ssec.3) Also, an applicant who applies for a remuneration grant for a draft plan may also apply for a remuneration grant for the regional drought resilience plan.\n- (a) an activity grant; or\n- (b) a remuneration grant.","sortOrder":1069},{"sectionNumber":"sch.61-sec.12","sectionType":"section","heading":"Amount of assistance","content":"### sch.61-sec.12 Amount of assistance\n\nThe maximum amount of the financial assistance available under the scheme is—\nfor an activity grant—$300,000 (exclusive of GST); or\nfor a remuneration grant—$150,000 (exclusive of GST).\nIn deciding the amount of financial assistance to be granted to an applicant under the scheme, the authority must have regard to the recommended amount stated by the chief executive in the eligibility notice given to the applicant.\n(sch.61-sec.12-ssec.1) The maximum amount of the financial assistance available under the scheme is— for an activity grant—$300,000 (exclusive of GST); or for a remuneration grant—$150,000 (exclusive of GST).\n(sch.61-sec.12-ssec.2) In deciding the amount of financial assistance to be granted to an applicant under the scheme, the authority must have regard to the recommended amount stated by the chief executive in the eligibility notice given to the applicant.\n- (a) for an activity grant—$300,000 (exclusive of GST); or\n- (b) for a remuneration grant—$150,000 (exclusive of GST).","sortOrder":1070},{"sectionNumber":"sch.61-sec.13","sectionType":"section","heading":"Eligibility criteria—activity grants","content":"### sch.61-sec.13 Eligibility criteria—activity grants\n\nAn applicant is eligible to receive an activity grant under the scheme if the authority is satisfied—\nthe applicant is an eligible entity; and\nthe applicant is a party to a regional drought resilience plan; and\nactivities identified in the plan are eligible activities; and\nthe chief executive has given the applicant an eligibility notice.\nHowever, the applicant is not eligible to receive an activity grant for administration costs that are not related to—\nmaking the application for assistance; or\nthe carrying out of the eligible activities identified in the regional drought resilience plan.\nAlso, an applicant is not eligible to receive an activity grant if an activity grant has already been approved in relation to the regional drought resilience plan.\n(sch.61-sec.13-ssec.1) An applicant is eligible to receive an activity grant under the scheme if the authority is satisfied— the applicant is an eligible entity; and the applicant is a party to a regional drought resilience plan; and activities identified in the plan are eligible activities; and the chief executive has given the applicant an eligibility notice.\n(sch.61-sec.13-ssec.2) However, the applicant is not eligible to receive an activity grant for administration costs that are not related to— making the application for assistance; or the carrying out of the eligible activities identified in the regional drought resilience plan.\n(sch.61-sec.13-ssec.3) Also, an applicant is not eligible to receive an activity grant if an activity grant has already been approved in relation to the regional drought resilience plan.\n- (a) the applicant is an eligible entity; and\n- (b) the applicant is a party to a regional drought resilience plan; and\n- (c) activities identified in the plan are eligible activities; and\n- (d) the chief executive has given the applicant an eligibility notice.\n- (a) making the application for assistance; or\n- (b) the carrying out of the eligible activities identified in the regional drought resilience plan.","sortOrder":1071},{"sectionNumber":"sch.61-sec.14","sectionType":"section","heading":"Eligibility criteria—remuneration grants","content":"### sch.61-sec.14 Eligibility criteria—remuneration grants\n\nAn applicant is eligible to receive a remuneration grant under the scheme if the authority is satisfied of the following matters—\nthe applicant is an eligible entity;\nif the application relates to a draft plan—the Commonwealth Minister for drought requires the applicant to amend the plan before the plan is approved as a regional drought resilience plan;\nif the application relates to a regional drought resilience plan—activities identified in the plan are eligible activities;\nthe chief executive has given the applicant an eligibility notice.\nHowever, the applicant is not eligible to receive an remuneration grant in relation to a draft plan for wages, salary or fees paid by the applicant, or an eligible entity identified in the plan, before the commencement.\nAlso, an applicant is not eligible for a remuneration grant—\nif the application relates to a draft plan—if a remuneration grant has already been approved in relation to the plan; or\nif the application relates to a regional drought resilience plan—if a remuneration grant has already been approved in relation to the plan.\n(sch.61-sec.14-ssec.1) An applicant is eligible to receive a remuneration grant under the scheme if the authority is satisfied of the following matters— the applicant is an eligible entity; if the application relates to a draft plan—the Commonwealth Minister for drought requires the applicant to amend the plan before the plan is approved as a regional drought resilience plan; if the application relates to a regional drought resilience plan—activities identified in the plan are eligible activities; the chief executive has given the applicant an eligibility notice.\n(sch.61-sec.14-ssec.2) However, the applicant is not eligible to receive an remuneration grant in relation to a draft plan for wages, salary or fees paid by the applicant, or an eligible entity identified in the plan, before the commencement.\n(sch.61-sec.14-ssec.3) Also, an applicant is not eligible for a remuneration grant— if the application relates to a draft plan—if a remuneration grant has already been approved in relation to the plan; or if the application relates to a regional drought resilience plan—if a remuneration grant has already been approved in relation to the plan.\n- (a) the applicant is an eligible entity;\n- (b) if the application relates to a draft plan—the Commonwealth Minister for drought requires the applicant to amend the plan before the plan is approved as a regional drought resilience plan;\n- (c) if the application relates to a regional drought resilience plan—activities identified in the plan are eligible activities;\n- (d) the chief executive has given the applicant an eligibility notice.\n- (a) if the application relates to a draft plan—if a remuneration grant has already been approved in relation to the plan; or\n- (b) if the application relates to a regional drought resilience plan—if a remuneration grant has already been approved in relation to the plan.","sortOrder":1072},{"sectionNumber":"sch.61-sec.15","sectionType":"section","heading":"Operation of scheme","content":"### sch.61-sec.15 Operation of scheme\n\nThe scheme opens on the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.\nThe scheme closes on 30 November 2026 (the closing day ).\nHowever, the Minister may, by notice (an extension notice ) published on the authority’s website, extend the closing day to a stated day that is not later than 30 June 2027.\nThe Minister may publish the extension notice only if the Minister is satisfied entities need more time in which to apply for assistance under the scheme.\nThe Minister must table a copy of the extension notice in the Legislative Assembly within 14 days after the day the extension notice is published.\nIn this section—\nMinister means the Minister responsible for administering the Fisheries Act 1994 .\nsch 61 s 15 amd 2025 SL No. 169 s 19\n(sch.61-sec.15-ssec.1) The scheme opens on the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.\n(sch.61-sec.15-ssec.2) The scheme closes on 30 November 2026 (the closing day ).\n(sch.61-sec.15-ssec.3) However, the Minister may, by notice (an extension notice ) published on the authority’s website, extend the closing day to a stated day that is not later than 30 June 2027.\n(sch.61-sec.15-ssec.4) The Minister may publish the extension notice only if the Minister is satisfied entities need more time in which to apply for assistance under the scheme.\n(sch.61-sec.15-ssec.5) The Minister must table a copy of the extension notice in the Legislative Assembly within 14 days after the day the extension notice is published.\n(sch.61-sec.15-ssec.6) In this section— Minister means the Minister responsible for administering the Fisheries Act 1994 .","sortOrder":1073},{"sectionNumber":"sch.61-sec.16","sectionType":"section","heading":"Requirements for applications","content":"### sch.61-sec.16 Requirements for applications\n\nAn application for assistance under the scheme must—\nbe made using the form approved by the authority; and\nif the application is for an activity grant—state the eligible activities the subject of the application; and\nbe accompanied by—\nthe applicant’s eligibility notice; and\nthe other documents stated in the form; and\nbe given to the authority before the end of the closing day under section 15 .\nAlso, if more than 1 eligible entity is identified in a regional drought resilience plan as a party to the plan, the application must evidence the consent of each eligible entity identified in the plan to the making of the application.\nIf the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\n(sch.61-sec.16-ssec.1) An application for assistance under the scheme must— be made using the form approved by the authority; and if the application is for an activity grant—state the eligible activities the subject of the application; and be accompanied by— the applicant’s eligibility notice; and the other documents stated in the form; and be given to the authority before the end of the closing day under section 15 .\n(sch.61-sec.16-ssec.2) Also, if more than 1 eligible entity is identified in a regional drought resilience plan as a party to the plan, the application must evidence the consent of each eligible entity identified in the plan to the making of the application.\n(sch.61-sec.16-ssec.3) If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\n- (a) be made using the form approved by the authority; and\n- (b) if the application is for an activity grant—state the eligible activities the subject of the application; and\n- (c) be accompanied by— (i) the applicant’s eligibility notice; and (ii) the other documents stated in the form; and\n- (i) the applicant’s eligibility notice; and\n- (ii) the other documents stated in the form; and\n- (d) be given to the authority before the end of the closing day under section 15 .\n- (i) the applicant’s eligibility notice; and\n- (ii) the other documents stated in the form; and","sortOrder":1074},{"sectionNumber":"sch.61-sec.17","sectionType":"section","heading":"Deciding applications","content":"### sch.61-sec.17 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 16 .\nIn deciding the application, the authority must—\nfor an application relating to a regional drought resilience plan—have regard to the recommendation stated in the eligibility notice given to the applicant by the chief executive; and\nbe satisfied that the draft plan or regional drought resilience plan the subject of the application will improve drought resilience in the relevant region.\nThe authority must refuse to approve an application if the funds for the scheme are not sufficient to pay for the assistance.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\n(sch.61-sec.17-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 16 .\n(sch.61-sec.17-ssec.2) In deciding the application, the authority must— for an application relating to a regional drought resilience plan—have regard to the recommendation stated in the eligibility notice given to the applicant by the chief executive; and be satisfied that the draft plan or regional drought resilience plan the subject of the application will improve drought resilience in the relevant region.\n(sch.61-sec.17-ssec.3) The authority must refuse to approve an application if the funds for the scheme are not sufficient to pay for the assistance.\n(sch.61-sec.17-ssec.4) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\n- (a) for an application relating to a regional drought resilience plan—have regard to the recommendation stated in the eligibility notice given to the applicant by the chief executive; and\n- (b) be satisfied that the draft plan or regional drought resilience plan the subject of the application will improve drought resilience in the relevant region.","sortOrder":1075},{"sectionNumber":"sch.61-sec.18","sectionType":"section","heading":"Conditions of assistance—general","content":"### sch.61-sec.18 Conditions of assistance—general\n\nThe payment of financial assistance to an applicant under the scheme is subject to the following conditions—\nbefore receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\nthe applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\nif requested by the authority, the applicant must give the authority a report (the report ) about how the financial assistance is enabling the entity—\nfor assistance relating to a draft plan—to amend the draft plan as required by the Commonwealth Minister for drought: or\nfor assistance relating to a regional drought resilience plan—to carry out eligible activities under the plan;\nthe applicant gives consent to the authority to share the report or information included in the report with—\nthe chief executive; and\nthe Commonwealth Minister for drought.\n- (a) before receiving the assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;\n- (b) the applicant must comply with the terms of the agreement mentioned in paragraph (a) ;\n- (c) if requested by the authority, the applicant must give the authority a report (the report ) about how the financial assistance is enabling the entity— (i) for assistance relating to a draft plan—to amend the draft plan as required by the Commonwealth Minister for drought: or (ii) for assistance relating to a regional drought resilience plan—to carry out eligible activities under the plan;\n- (i) for assistance relating to a draft plan—to amend the draft plan as required by the Commonwealth Minister for drought: or\n- (ii) for assistance relating to a regional drought resilience plan—to carry out eligible activities under the plan;\n- (d) the applicant gives consent to the authority to share the report or information included in the report with— (i) the chief executive; and (ii) the Commonwealth Minister for drought.\n- (i) the chief executive; and\n- (ii) the Commonwealth Minister for drought.\n- (i) for assistance relating to a draft plan—to amend the draft plan as required by the Commonwealth Minister for drought: or\n- (ii) for assistance relating to a regional drought resilience plan—to carry out eligible activities under the plan;\n- (i) the chief executive; and\n- (ii) the Commonwealth Minister for drought.","sortOrder":1076},{"sectionNumber":"sch.61-sec.19","sectionType":"section","heading":"Additional conditions of assistance—keeping records","content":"### sch.61-sec.19 Additional conditions of assistance—keeping records\n\nThe payment to an eligible entity of a grant of financial assistance under the scheme is also subject to the following conditions—\nthe applicant must keep all tax invoices for payments made by the applicant for which the applicant receives assistance under the scheme until the day that is 1 year after the day scheme closes under section 15 ;\nthe applicant consents to the authority conducting an audit of the records mentioned in paragraph (a) to verify that assistance given to the applicant under the scheme is used in accordance with the application for assistance.\n- (a) the applicant must keep all tax invoices for payments made by the applicant for which the applicant receives assistance under the scheme until the day that is 1 year after the day scheme closes under section 15 ;\n- (b) the applicant consents to the authority conducting an audit of the records mentioned in paragraph (a) to verify that assistance given to the applicant under the scheme is used in accordance with the application for assistance.","sortOrder":1077},{"sectionNumber":"sch.62-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1078},{"sectionNumber":"sch.62-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.62-sec.1 Objective of scheme\n\nThe objective of the scheme is to make eligible devices more affordable for particular individuals.","sortOrder":1079},{"sectionNumber":"sch.62-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.62-sec.2 Purpose of assistance\n\nThe purpose of the scheme is to provide rebates to particular individuals to offset the cost of purchasing an eligible device.","sortOrder":1080},{"sectionNumber":"sch.62-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.62-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means an individual applying for assistance under the scheme.\ne-bicycle means a power-assisted bicycle under the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\nThe Queensland Road Rules , section 353B prescribes vehicles that are, and vehicles that are not, power-assisted bicycles.\neligible device see section 4 .\ne-scooter see section 5 .\nscheme means the scheme set out in this schedule.","sortOrder":1081},{"sectionNumber":"sch.62-sec.4","sectionType":"section","heading":"Meaning of eligible device","content":"### sch.62-sec.4 Meaning of eligible device\n\nAn eligible device is an e-bicycle or e-scooter that—\nhas not previously been sold or used; and\nis fitted with a battery management system; and\nis supplied with a charger that—\nis marked with the regulatory compliance mark in compliance with the RCM standard; and\nis registered in the national register under the Electrical Safety Act 2002 .\nHowever, an eligible device does not include an accessory for the device, other than a charger for the device.\nhelmets\nbaskets, lights, mirrors or locks that are not part of the eligible device\nIn this section—\nbattery management system means a system designed to manage the charging and discharging of cells in a battery to enable a safe range of voltages and currents to be applied or supplied by the battery.\nRCM standard means AS/NZS 4417 (Regulatory compliance mark for electrical and electronic equipment), published jointly by Standards Australia and Standards New Zealand.\n(sch.62-sec.4-ssec.1) An eligible device is an e-bicycle or e-scooter that— has not previously been sold or used; and is fitted with a battery management system; and is supplied with a charger that— is marked with the regulatory compliance mark in compliance with the RCM standard; and is registered in the national register under the Electrical Safety Act 2002 .\n(sch.62-sec.4-ssec.2) However, an eligible device does not include an accessory for the device, other than a charger for the device. helmets baskets, lights, mirrors or locks that are not part of the eligible device\n(sch.62-sec.4-ssec.3) In this section— battery management system means a system designed to manage the charging and discharging of cells in a battery to enable a safe range of voltages and currents to be applied or supplied by the battery. RCM standard means AS/NZS 4417 (Regulatory compliance mark for electrical and electronic equipment), published jointly by Standards Australia and Standards New Zealand.\n- (a) has not previously been sold or used; and\n- (b) is fitted with a battery management system; and\n- (c) is supplied with a charger that— (i) is marked with the regulatory compliance mark in compliance with the RCM standard; and (ii) is registered in the national register under the Electrical Safety Act 2002 .\n- (i) is marked with the regulatory compliance mark in compliance with the RCM standard; and\n- (ii) is registered in the national register under the Electrical Safety Act 2002 .\n- (i) is marked with the regulatory compliance mark in compliance with the RCM standard; and\n- (ii) is registered in the national register under the Electrical Safety Act 2002 .\n- • helmets\n- • baskets, lights, mirrors or locks that are not part of the eligible device","sortOrder":1082},{"sectionNumber":"sch.62-sec.5","sectionType":"section","heading":"Meaning of e-scooter","content":"### sch.62-sec.5 Meaning of e-scooter\n\nA personal mobility device is an e-scooter if—\nthe device has—\n1 wheel at the front, and 1 or 2 wheels at the back, of the device; or\n1 or 2 wheels at the front, and 1 wheel at the back, of the device; and\nthe device has a footboard supported by the wheels; and\nthe device is steered by handlebars; and\nthe device is not more than 1,250mm in length by 700mm in width by 1,350mm in height; and\nthe electric motor propelling the device is not capable of operating when the device is going faster than 25km/h.\nIn this section—\npersonal mobility device see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .\nThe Queensland Road Rules , section 15A prescribes requirements for a vehicle to be a personal mobility device.\n(sch.62-sec.5-ssec.1) A personal mobility device is an e-scooter if— the device has— 1 wheel at the front, and 1 or 2 wheels at the back, of the device; or 1 or 2 wheels at the front, and 1 wheel at the back, of the device; and the device has a footboard supported by the wheels; and the device is steered by handlebars; and the device is not more than 1,250mm in length by 700mm in width by 1,350mm in height; and the electric motor propelling the device is not capable of operating when the device is going faster than 25km/h.\n(sch.62-sec.5-ssec.2) In this section— personal mobility device see the Transport Operations (Road Use Management) Act 1995 , schedule 4 . The Queensland Road Rules , section 15A prescribes requirements for a vehicle to be a personal mobility device.\n- (a) the device has— (i) 1 wheel at the front, and 1 or 2 wheels at the back, of the device; or (ii) 1 or 2 wheels at the front, and 1 wheel at the back, of the device; and\n- (i) 1 wheel at the front, and 1 or 2 wheels at the back, of the device; or\n- (ii) 1 or 2 wheels at the front, and 1 wheel at the back, of the device; and\n- (b) the device has a footboard supported by the wheels; and\n- (c) the device is steered by handlebars; and\n- (d) the device is not more than 1,250mm in length by 700mm in width by 1,350mm in height; and\n- (e) the electric motor propelling the device is not capable of operating when the device is going faster than 25km/h.\n- (i) 1 wheel at the front, and 1 or 2 wheels at the back, of the device; or\n- (ii) 1 or 2 wheels at the front, and 1 wheel at the back, of the device; and","sortOrder":1083},{"sectionNumber":"sch.62-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":1084},{"sectionNumber":"sch.62-sec.6","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.62-sec.6 Nature and amount of assistance\n\nThe nature of the assistance available under the scheme is a rebate to offset the cost of purchasing an eligible device.\nThe amount of the assistance is the lesser of the following amounts—\nthe amount mentioned in subsection (3) for the eligible device;\nthe cost of the eligible device (inclusive of GST).\nFor subsection (2) (a) , the amount is—\nfor an eligible device that is an e-bicycle—$500; or\nfor an eligible device that is an e-scooter—$200.\n(sch.62-sec.6-ssec.1) The nature of the assistance available under the scheme is a rebate to offset the cost of purchasing an eligible device.\n(sch.62-sec.6-ssec.2) The amount of the assistance is the lesser of the following amounts— the amount mentioned in subsection (3) for the eligible device; the cost of the eligible device (inclusive of GST).\n(sch.62-sec.6-ssec.3) For subsection (2) (a) , the amount is— for an eligible device that is an e-bicycle—$500; or for an eligible device that is an e-scooter—$200.\n- (a) the amount mentioned in subsection (3) for the eligible device;\n- (b) the cost of the eligible device (inclusive of GST).\n- (a) for an eligible device that is an e-bicycle—$500; or\n- (b) for an eligible device that is an e-scooter—$200.","sortOrder":1085},{"sectionNumber":"sch.62-sec.7","sectionType":"section","heading":"Eligibility criteria","content":"### sch.62-sec.7 Eligibility criteria\n\nAn applicant is eligible to receive assistance under the scheme if the authority is satisfied—\nthe applicant is an adult; and\nthe applicant resides in Queensland; and\non or after the day the scheme opens under section 8 (a) , the applicant purchased an eligible device from an eligible business; and\nthe applicant has paid in full for the eligible device; and\nthe applicant has not purchased the eligible device to be used as part of a business; and\nthe applicant has not already received assistance under the scheme for an eligible device; and\nno more than 2 other individuals occupying the principal place of residence occupied by the applicant have received assistance under the scheme for an eligible device.\nIn this section—\neligible business means—\na retail business in Queensland; or\nan online business for which an entity holds an Australian Business Number.\n(sch.62-sec.7-ssec.1) An applicant is eligible to receive assistance under the scheme if the authority is satisfied— the applicant is an adult; and the applicant resides in Queensland; and on or after the day the scheme opens under section 8 (a) , the applicant purchased an eligible device from an eligible business; and the applicant has paid in full for the eligible device; and the applicant has not purchased the eligible device to be used as part of a business; and the applicant has not already received assistance under the scheme for an eligible device; and no more than 2 other individuals occupying the principal place of residence occupied by the applicant have received assistance under the scheme for an eligible device.\n(sch.62-sec.7-ssec.2) In this section— eligible business means— a retail business in Queensland; or an online business for which an entity holds an Australian Business Number.\n- (a) the applicant is an adult; and\n- (b) the applicant resides in Queensland; and\n- (c) on or after the day the scheme opens under section 8 (a) , the applicant purchased an eligible device from an eligible business; and\n- (d) the applicant has paid in full for the eligible device; and\n- (e) the applicant has not purchased the eligible device to be used as part of a business; and\n- (f) the applicant has not already received assistance under the scheme for an eligible device; and\n- (g) no more than 2 other individuals occupying the principal place of residence occupied by the applicant have received assistance under the scheme for an eligible device.\n- (a) a retail business in Queensland; or\n- (b) an online business for which an entity holds an Australian Business Number.","sortOrder":1086},{"sectionNumber":"sch.62-sec.8","sectionType":"section","heading":"Operation of scheme","content":"### sch.62-sec.8 Operation of scheme\n\nThe scheme—\nopens on the day stated on the authority’s website as the day the scheme opens; and\ncloses on the earlier of the following days—\nthe day stated on the authority’s website as the day the scheme closes;\nthe day on which the authority’s assistance funds become insufficient to pay further assistance under the scheme.\n- (a) opens on the day stated on the authority’s website as the day the scheme opens; and\n- (b) closes on the earlier of the following days— (i) the day stated on the authority’s website as the day the scheme closes; (ii) the day on which the authority’s assistance funds become insufficient to pay further assistance under the scheme.\n- (i) the day stated on the authority’s website as the day the scheme closes;\n- (ii) the day on which the authority’s assistance funds become insufficient to pay further assistance under the scheme.\n- (i) the day stated on the authority’s website as the day the scheme closes;\n- (ii) the day on which the authority’s assistance funds become insufficient to pay further assistance under the scheme.","sortOrder":1087},{"sectionNumber":"sch.62-sec.9","sectionType":"section","heading":"Requirements for applications","content":"### sch.62-sec.9 Requirements for applications\n\nAn application for assistance under the scheme must—\nbe made using the form approved by the authority; and\nbe accompanied by the documents stated in the form; and\nbe given to the authority while the scheme is open under section 8 .\nIf the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\nIf the applicant does not comply with a request made by the authority under subsection (2) , the applicant’s application is taken to be withdrawn.\n(sch.62-sec.9-ssec.1) An application for assistance under the scheme must— be made using the form approved by the authority; and be accompanied by the documents stated in the form; and be given to the authority while the scheme is open under section 8 .\n(sch.62-sec.9-ssec.2) If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.\n(sch.62-sec.9-ssec.3) If the applicant does not comply with a request made by the authority under subsection (2) , the applicant’s application is taken to be withdrawn.\n- (a) be made using the form approved by the authority; and\n- (b) be accompanied by the documents stated in the form; and\n- (c) be given to the authority while the scheme is open under section 8 .","sortOrder":1088},{"sectionNumber":"sch.62-sec.10","sectionType":"section","heading":"Deciding applications","content":"### sch.62-sec.10 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 9 .\nThe authority must decide applications in the order they are received by the authority.\nThe authority must refuse to approve an application if the funds for the scheme are insufficient to pay for the assistance.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\nsch 62 ins 2024 SL No. 219 s 3\n(sch.62-sec.10-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 9 .\n(sch.62-sec.10-ssec.2) The authority must decide applications in the order they are received by the authority.\n(sch.62-sec.10-ssec.3) The authority must refuse to approve an application if the funds for the scheme are insufficient to pay for the assistance.\n(sch.62-sec.10-ssec.4) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.","sortOrder":1089},{"sectionNumber":"sch.63-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1090},{"sectionNumber":"sch.63-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.63-sec.1 Objective of scheme\n\nThe objective of the scheme is to provide financial assistance to eligible landholders to assist in paying for eligible projects.","sortOrder":1091},{"sectionNumber":"sch.63-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.63-sec.2 Purpose of assistance\n\nThe purpose of assistance under the scheme is to give eligible landholders a grant to contribute to the cost of an eligible project.","sortOrder":1092},{"sectionNumber":"sch.63-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.63-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means a person applying for assistance under a round of the scheme.\neligible exclusion fencing see section 4 .\neligible landholder means a landholder who carries on a grazing enterprise in an eligible rural area.\neligible project see section 5 .\neligible rural area means any of the following local government areas—\nBalonne Shire;\nBanana Shire;\nBarcaldine Region;\nBarcoo Shire;\nBlackall-Tambo Region;\nBoulia Shire;\nBulloo Shire;\nBurdekin Shire;\nBurke Shire;\nCarpentaria Shire;\nCassowary Coast Region;\nCentral Highlands Region;\nCharters Towers Region;\nCloncurry Shire;\nCook Shire;\nCroydon Shire;\nDiamantina Shire;\nDouglas Shire;\nEtheridge Shire;\nFlinders Shire;\nGladstone Region;\nGoondiwindi Region;\nGympie Region;\nHinchinbrook Shire;\nIsaac Region;\nLivingstone Shire;\nLockyer Valley Region;\nLongreach Region;\nMaranoa Region;\nMareeba Shire;\nMcKinlay Shire;\nMount Isa City;\nMurweh Shire;\nNorth Burnett Region;\nParoo Shire;\nQuilpie Shire;\nRichmond Shire;\nScenic Rim Region;\nSomerset Region;\nSouth Burnett Region;\nSouthern Downs Region;\nTablelands Region;\nWestern Downs Region;\nWhitsunday Region;\nWinton Shire.\ngrazing enterprise means a business—\ninvolving grazing livestock; and\nfor which an entity holds an Australian Business Number.\nlandholder see section 6 .\nlivestock means cattle, goats or sheep.\nproject agreement see section 14 (a) .\nscheme means the scheme set out in this schedule.\n- (a) Balonne Shire;\n- (b) Banana Shire;\n- (c) Barcaldine Region;\n- (d) Barcoo Shire;\n- (e) Blackall-Tambo Region;\n- (f) Boulia Shire;\n- (g) Bulloo Shire;\n- (h) Burdekin Shire;\n- (i) Burke Shire;\n- (j) Carpentaria Shire;\n- (k) Cassowary Coast Region;\n- (l) Central Highlands Region;\n- (m) Charters Towers Region;\n- (n) Cloncurry Shire;\n- (o) Cook Shire;\n- (p) Croydon Shire;\n- (q) Diamantina Shire;\n- (r) Douglas Shire;\n- (s) Etheridge Shire;\n- (t) Flinders Shire;\n- (u) Gladstone Region;\n- (v) Goondiwindi Region;\n- (w) Gympie Region;\n- (x) Hinchinbrook Shire;\n- (y) Isaac Region;\n- (z) Livingstone Shire;\n- (za) Lockyer Valley Region;\n- (zb) Longreach Region;\n- (zc) Maranoa Region;\n- (zd) Mareeba Shire;\n- (ze) McKinlay Shire;\n- (zf) Mount Isa City;\n- (zg) Murweh Shire;\n- (zh) North Burnett Region;\n- (zi) Paroo Shire;\n- (zj) Quilpie Shire;\n- (zk) Richmond Shire;\n- (zl) Scenic Rim Region;\n- (zm) Somerset Region;\n- (zn) South Burnett Region;\n- (zo) Southern Downs Region;\n- (zp) Tablelands Region;\n- (zq) Western Downs Region;\n- (zr) Whitsunday Region;\n- (zs) Winton Shire.\n- (a) involving grazing livestock; and\n- (b) for which an entity holds an Australian Business Number.","sortOrder":1093},{"sectionNumber":"sch.63-sec.4","sectionType":"section","heading":"What is eligible exclusion fencing","content":"### sch.63-sec.4 What is eligible exclusion fencing\n\nExclusion fencing is eligible exclusion fencing if the authority is satisfied the fencing is constructed in a way that will significantly reduce the ability of wild dogs to access areas protected by the fencing.","sortOrder":1094},{"sectionNumber":"sch.63-sec.5","sectionType":"section","heading":"What is an eligible project","content":"### sch.63-sec.5 What is an eligible project\n\nAn eligible project is a project—\ninvolving the construction of eligible exclusion fencing on the boundary of a property of an eligible landholder in an eligible rural area; and\nthat the authority is satisfied is likely to be completed no later than 3 years after the day the construction starts.\n- (a) involving the construction of eligible exclusion fencing on the boundary of a property of an eligible landholder in an eligible rural area; and\n- (b) that the authority is satisfied is likely to be completed no later than 3 years after the day the construction starts.","sortOrder":1095},{"sectionNumber":"sch.63-sec.6","sectionType":"section","heading":"Who is a landholder","content":"### sch.63-sec.6 Who is a landholder\n\nA landholder is any of the following entities—\nif the land is freehold land—the registered owner of the land;\nif the land is the subject of a lease registered under the Land Title Act 1994 —the lessee of the land;\nif the land is the subject of a lease registered under the Land Act 1994 —the lessee of the land;\nif the land is a reserve—the trustee of the reserve;\nif a person has occupation rights in relation to the land under a licence or permit—the licensee or permittee.\n- (a) if the land is freehold land—the registered owner of the land;\n- (b) if the land is the subject of a lease registered under the Land Title Act 1994 —the lessee of the land;\n- (c) if the land is the subject of a lease registered under the Land Act 1994 —the lessee of the land;\n- (d) if the land is a reserve—the trustee of the reserve;\n- (e) if a person has occupation rights in relation to the land under a licence or permit—the licensee or permittee.","sortOrder":1096},{"sectionNumber":"sch.63-pt.2","sectionType":"part","heading":"General provisions of scheme","content":"# General provisions of scheme","sortOrder":1097},{"sectionNumber":"sch.63-sec.7","sectionType":"section","heading":"Nature of assistance","content":"### sch.63-sec.7 Nature of assistance\n\nThe nature of assistance that may be given to an applicant under a round of the scheme is a grant to offset part of the cost of an eligible project.\nHowever, a grant of assistance is not available for—\nfunding the construction of cluster fencing; or\nfunding the maintenance, repair, reinstatement or replacement of existing fencing.\n(sch.63-sec.7-ssec.1) The nature of assistance that may be given to an applicant under a round of the scheme is a grant to offset part of the cost of an eligible project.\n(sch.63-sec.7-ssec.2) However, a grant of assistance is not available for— funding the construction of cluster fencing; or funding the maintenance, repair, reinstatement or replacement of existing fencing.\n- (a) funding the construction of cluster fencing; or\n- (b) funding the maintenance, repair, reinstatement or replacement of existing fencing.","sortOrder":1098},{"sectionNumber":"sch.63-sec.8","sectionType":"section","heading":"Amount of assistance","content":"### sch.63-sec.8 Amount of assistance\n\nAn applicant for assistance for an eligible project may be given an amount of assistance of up to half of the total cost of the project.\nHowever, the maximum amount of assistance that may be given to an applicant under subsection (1) is—\nfor an eligible project involving the construction of no more than 50kms of eligible exclusion fencing—\n$5,000 for each whole kilometre of fencing to be constructed; and\na proportionate amount of $5,000 for part of a kilometre of fencing to be constructed; or\nfor an eligible project involving the construction of more than 50kms of eligible exclusion fencing—$250,000.\n(sch.63-sec.8-ssec.1) An applicant for assistance for an eligible project may be given an amount of assistance of up to half of the total cost of the project.\n(sch.63-sec.8-ssec.2) However, the maximum amount of assistance that may be given to an applicant under subsection (1) is— for an eligible project involving the construction of no more than 50kms of eligible exclusion fencing— $5,000 for each whole kilometre of fencing to be constructed; and a proportionate amount of $5,000 for part of a kilometre of fencing to be constructed; or for an eligible project involving the construction of more than 50kms of eligible exclusion fencing—$250,000.\n- (a) for an eligible project involving the construction of no more than 50kms of eligible exclusion fencing— (i) $5,000 for each whole kilometre of fencing to be constructed; and (ii) a proportionate amount of $5,000 for part of a kilometre of fencing to be constructed; or\n- (i) $5,000 for each whole kilometre of fencing to be constructed; and\n- (ii) a proportionate amount of $5,000 for part of a kilometre of fencing to be constructed; or\n- (b) for an eligible project involving the construction of more than 50kms of eligible exclusion fencing—$250,000.\n- (i) $5,000 for each whole kilometre of fencing to be constructed; and\n- (ii) a proportionate amount of $5,000 for part of a kilometre of fencing to be constructed; or","sortOrder":1099},{"sectionNumber":"sch.63-sec.9","sectionType":"section","heading":"Eligibility criteria","content":"### sch.63-sec.9 Eligibility criteria\n\nAn applicant is eligible to receive assistance for an eligible project under the scheme if the applicant—\nis an eligible landholder; and\ndemonstrates to the satisfaction of the authority that the applicant—\ncan contribute at least half of the cost of the eligible project; and\nhas suffered significant loss of income as a result of the predation of livestock by wild dogs; and\nhas adequate experience or other qualifications to give the applicant a reasonable prospect of success in completing the eligible project; and\nhas not previously received assistance under the scheme for an eligible project.\n- (a) is an eligible landholder; and\n- (b) demonstrates to the satisfaction of the authority that the applicant— (i) can contribute at least half of the cost of the eligible project; and (ii) has suffered significant loss of income as a result of the predation of livestock by wild dogs; and (iii) has adequate experience or other qualifications to give the applicant a reasonable prospect of success in completing the eligible project; and\n- (i) can contribute at least half of the cost of the eligible project; and\n- (ii) has suffered significant loss of income as a result of the predation of livestock by wild dogs; and\n- (iii) has adequate experience or other qualifications to give the applicant a reasonable prospect of success in completing the eligible project; and\n- (c) has not previously received assistance under the scheme for an eligible project.\n- (i) can contribute at least half of the cost of the eligible project; and\n- (ii) has suffered significant loss of income as a result of the predation of livestock by wild dogs; and\n- (iii) has adequate experience or other qualifications to give the applicant a reasonable prospect of success in completing the eligible project; and","sortOrder":1100},{"sectionNumber":"sch.63-sec.10","sectionType":"section","heading":"Scheme to operate in rounds","content":"### sch.63-sec.10 Scheme to operate in rounds\n\nThe scheme will operate in rounds.\nA round of the scheme opens on the day stated on the primary industries department’s website (the opening day ).\nA round of the scheme closes on the earlier of the following days (each the closing day )—\nthe day stated on the primary industries department’s website as the day the round closes;\nthe day on which the authority’s assistance funds become insufficient to pay further assistance under the round.\nAn application for assistance under a round of the scheme may be made from the opening day until the end of the closing day.\nIn this section—\nprimary industries department means the department in which the Biosecurity Act 2014 is administered.\n(sch.63-sec.10-ssec.1) The scheme will operate in rounds.\n(sch.63-sec.10-ssec.2) A round of the scheme opens on the day stated on the primary industries department’s website (the opening day ).\n(sch.63-sec.10-ssec.3) A round of the scheme closes on the earlier of the following days (each the closing day )— the day stated on the primary industries department’s website as the day the round closes; the day on which the authority’s assistance funds become insufficient to pay further assistance under the round.\n(sch.63-sec.10-ssec.4) An application for assistance under a round of the scheme may be made from the opening day until the end of the closing day.\n(sch.63-sec.10-ssec.5) In this section— primary industries department means the department in which the Biosecurity Act 2014 is administered.\n- (a) the day stated on the primary industries department’s website as the day the round closes;\n- (b) the day on which the authority’s assistance funds become insufficient to pay further assistance under the round.","sortOrder":1101},{"sectionNumber":"sch.63-sec.11","sectionType":"section","heading":"Requirements for applications","content":"### sch.63-sec.11 Requirements for applications\n\nAn application for assistance must—\nbe made using the form approved by the authority; and\nbe accompanied by the documents stated on the form.\nIf the authority asks the applicant to provide further information to decide the application, the applicant must provide the information within the reasonable period stated in the request.\nIf the applicant does not comply with a request made under subsection (2) , the applicant’s application is taken to be withdrawn.\n(sch.63-sec.11-ssec.1) An application for assistance must— be made using the form approved by the authority; and be accompanied by the documents stated on the form.\n(sch.63-sec.11-ssec.2) If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information within the reasonable period stated in the request.\n(sch.63-sec.11-ssec.3) If the applicant does not comply with a request made under subsection (2) , the applicant’s application is taken to be withdrawn.\n- (a) be made using the form approved by the authority; and\n- (b) be accompanied by the documents stated on the form.","sortOrder":1102},{"sectionNumber":"sch.63-sec.12","sectionType":"section","heading":"Priority of consideration of applications","content":"### sch.63-sec.12 Priority of consideration of applications\n\nThe authority must consider approving applications for assistance for eligible projects in the following descending order of priority—\nfrom applications relating to eligible projects the authority considers will provide the greatest benefit to an eligible rural area in reducing the predation of livestock by wild dogs;\nto applications relating to eligible projects the authority considers will provide the least benefit to an eligible rural area in reducing the predation of livestock by wild dogs.\nHowever, the authority may also consider each of the following matters for prioritising an application for assistance for an eligible project—\nthe actions the applicant has taken to prevent predation of livestock by wild dogs in the 3 years before the application was made;\nwhether, in the authority’s opinion, the project represents reasonable value for money;\nthe extent to which the authority considers the project—\nwill increase the productivity and viability of the applicant’s grazing enterprise; and\nwill complement the actions mentioned in paragraph (a) ;\nthe actions the applicant proposes to take to manage any risks identified by the applicant in completing the project, including the systems and practices the applicant intends to adopt to mitigate the risks;\nthe actions the applicant proposes to take to maintain the exclusion fencing to which the project relates.\n(sch.63-sec.12-ssec.1) The authority must consider approving applications for assistance for eligible projects in the following descending order of priority— from applications relating to eligible projects the authority considers will provide the greatest benefit to an eligible rural area in reducing the predation of livestock by wild dogs; to applications relating to eligible projects the authority considers will provide the least benefit to an eligible rural area in reducing the predation of livestock by wild dogs.\n(sch.63-sec.12-ssec.2) However, the authority may also consider each of the following matters for prioritising an application for assistance for an eligible project— the actions the applicant has taken to prevent predation of livestock by wild dogs in the 3 years before the application was made; whether, in the authority’s opinion, the project represents reasonable value for money; the extent to which the authority considers the project— will increase the productivity and viability of the applicant’s grazing enterprise; and will complement the actions mentioned in paragraph (a) ; the actions the applicant proposes to take to manage any risks identified by the applicant in completing the project, including the systems and practices the applicant intends to adopt to mitigate the risks; the actions the applicant proposes to take to maintain the exclusion fencing to which the project relates.\n- (a) from applications relating to eligible projects the authority considers will provide the greatest benefit to an eligible rural area in reducing the predation of livestock by wild dogs;\n- (b) to applications relating to eligible projects the authority considers will provide the least benefit to an eligible rural area in reducing the predation of livestock by wild dogs.\n- (a) the actions the applicant has taken to prevent predation of livestock by wild dogs in the 3 years before the application was made;\n- (b) whether, in the authority’s opinion, the project represents reasonable value for money;\n- (c) the extent to which the authority considers the project— (i) will increase the productivity and viability of the applicant’s grazing enterprise; and (ii) will complement the actions mentioned in paragraph (a) ;\n- (i) will increase the productivity and viability of the applicant’s grazing enterprise; and\n- (ii) will complement the actions mentioned in paragraph (a) ;\n- (d) the actions the applicant proposes to take to manage any risks identified by the applicant in completing the project, including the systems and practices the applicant intends to adopt to mitigate the risks;\n- (e) the actions the applicant proposes to take to maintain the exclusion fencing to which the project relates.\n- (i) will increase the productivity and viability of the applicant’s grazing enterprise; and\n- (ii) will complement the actions mentioned in paragraph (a) ;","sortOrder":1103},{"sectionNumber":"sch.63-sec.13","sectionType":"section","heading":"Deciding applications","content":"### sch.63-sec.13 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\nThe authority may approve a lesser amount of assistance than applied for in the application.\nThe authority must refuse to approve an application if the authority’s assistance funds for the scheme are insufficient to pay for the assistance.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\n(sch.63-sec.13-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.\n(sch.63-sec.13-ssec.2) The authority may approve a lesser amount of assistance than applied for in the application.\n(sch.63-sec.13-ssec.3) The authority must refuse to approve an application if the authority’s assistance funds for the scheme are insufficient to pay for the assistance.\n(sch.63-sec.13-ssec.4) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.","sortOrder":1104},{"sectionNumber":"sch.63-sec.14","sectionType":"section","heading":"Conditions of assistance","content":"### sch.63-sec.14 Conditions of assistance\n\nThe payment of assistance to a person for an eligible project is subject to the following conditions—\nbefore receiving the assistance, the person must enter into a written agreement (the project agreement ) with the authority that sets out the terms on which the assistance is to be provided;\nthe person must comply with the terms of the project agreement;\nany works relating to the project must not start until after the project agreement is entered into;\nif asked by the authority, the person must, within the reasonable time stated in the request, give the authority a written report stating—\nthe estimated total cost of the project, whether or not the project is complete; and\nif the project is not complete—\nthe steps taken towards completing the project; and\nthe cost of each step; and\nthe estimated time needed to complete the project;\nthe person must not engage a person (a service provider ) to provide a service for the project if—\nthe service provider is employed by an entity owned, or partly owned, by the person; or\nthe service provider is an entity owned, or partly owned, by the applicant;\nthe person must not obtain goods for the project from an entity owned, or partly owned, by the person.\n- (a) before receiving the assistance, the person must enter into a written agreement (the project agreement ) with the authority that sets out the terms on which the assistance is to be provided;\n- (b) the person must comply with the terms of the project agreement;\n- (c) any works relating to the project must not start until after the project agreement is entered into;\n- (d) if asked by the authority, the person must, within the reasonable time stated in the request, give the authority a written report stating— (i) the estimated total cost of the project, whether or not the project is complete; and (ii) if the project is not complete— (A) the steps taken towards completing the project; and (B) the cost of each step; and (C) the estimated time needed to complete the project;\n- (i) the estimated total cost of the project, whether or not the project is complete; and\n- (ii) if the project is not complete— (A) the steps taken towards completing the project; and (B) the cost of each step; and (C) the estimated time needed to complete the project;\n- (A) the steps taken towards completing the project; and\n- (B) the cost of each step; and\n- (C) the estimated time needed to complete the project;\n- (e) the person must not engage a person (a service provider ) to provide a service for the project if— (i) the service provider is employed by an entity owned, or partly owned, by the person; or (ii) the service provider is an entity owned, or partly owned, by the applicant;\n- (i) the service provider is employed by an entity owned, or partly owned, by the person; or\n- (ii) the service provider is an entity owned, or partly owned, by the applicant;\n- (f) the person must not obtain goods for the project from an entity owned, or partly owned, by the person.\n- (i) the estimated total cost of the project, whether or not the project is complete; and\n- (ii) if the project is not complete— (A) the steps taken towards completing the project; and (B) the cost of each step; and (C) the estimated time needed to complete the project;\n- (A) the steps taken towards completing the project; and\n- (B) the cost of each step; and\n- (C) the estimated time needed to complete the project;\n- (A) the steps taken towards completing the project; and\n- (B) the cost of each step; and\n- (C) the estimated time needed to complete the project;\n- (i) the service provider is employed by an entity owned, or partly owned, by the person; or\n- (ii) the service provider is an entity owned, or partly owned, by the applicant;","sortOrder":1105},{"sectionNumber":"sch.63-sec.15","sectionType":"section","heading":"Payment of assistance","content":"### sch.63-sec.15 Payment of assistance\n\nThe authority may pay the amount of assistance approved under the scheme only if satisfied the person receiving the assistance has complied with the terms of the project agreement and the other conditions mentioned in section 14 .\nThe authority may pay the assistance in instalments at intervals decided by the authority.\n(sch.63-sec.15-ssec.1) The authority may pay the amount of assistance approved under the scheme only if satisfied the person receiving the assistance has complied with the terms of the project agreement and the other conditions mentioned in section 14 .\n(sch.63-sec.15-ssec.2) The authority may pay the assistance in instalments at intervals decided by the authority.","sortOrder":1106},{"sectionNumber":"sch.64-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1107},{"sectionNumber":"sch.64-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.64-sec.1 Objective of scheme\n\nThe objective of the scheme is to make the irrigation of crops more affordable for particular persons.","sortOrder":1108},{"sectionNumber":"sch.64-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.64-sec.2 Purpose of assistance\n\nThe purpose of financial assistance under the scheme is to give particular persons rebates to offset the cost of water supplied by a water supplier.","sortOrder":1109},{"sectionNumber":"sch.64-sec.3","sectionType":"section","heading":"Definitions for schedule","content":"### sch.64-sec.3 Definitions for schedule\n\nIn this schedule—\napplicant means a person applying for financial assistance under the scheme.\nBurnett Water means Burnett Water Pty Ltd ACN 097 206 614.\neligible irrigation bill means an invoice that—\nis issued by a water supplier; and\ncontains a charge related to the supply of water for a period in the 2025–2026 financial year or the 2026–2027 financial year.\nirrigation entity means each of the following entities—\nEton Irrigation Cooperative Ltd ABN 29 615 812 505;\nFairbairn Irrigation Network Ltd ACN 615 973 754;\nKelsey Creek Water Cooperative Ltd ABN 35 447 172 508;\nLower Burdekin Water ABN 42 671 751 039;\nMallawa Irrigation Ltd ACN 616 181 741;\nPioneer Valley Water Co-operative Ltd ABN 55 322 373 770;\nSix Mile Creek Irrigators Cooperative Ltd ABN 72 357 195 179;\nTheodore Water Pty Ltd ACN 615 708 944.\nowner , of a business, means each of the following individuals—\nif the business is operated by a sole trader—the sole trader;\nif the business is operated by a partnership, company or trust—a partner in the partnership, a shareholder in the company or a beneficiary of the trust.\nqualifying business see section 4 .\nscheme means the scheme set out in this schedule.\nSeqwater means the Queensland Bulk Water Supply Authority ABN 75 450 239 876 established under the South East Queensland Water (Restructuring) Act 2007 .\nSunwater means Sunwater Ltd ACN 131 034 985.\nwater supplier means—\nBurnett Water; or\nSeqwater; or\nSunwater.\n- (a) is issued by a water supplier; and\n- (b) contains a charge related to the supply of water for a period in the 2025–2026 financial year or the 2026–2027 financial year.\n- (a) Eton Irrigation Cooperative Ltd ABN 29 615 812 505;\n- (b) Fairbairn Irrigation Network Ltd ACN 615 973 754;\n- (c) Kelsey Creek Water Cooperative Ltd ABN 35 447 172 508;\n- (d) Lower Burdekin Water ABN 42 671 751 039;\n- (e) Mallawa Irrigation Ltd ACN 616 181 741;\n- (f) Pioneer Valley Water Co-operative Ltd ABN 55 322 373 770;\n- (g) Six Mile Creek Irrigators Cooperative Ltd ABN 72 357 195 179;\n- (h) Theodore Water Pty Ltd ACN 615 708 944.\n- (a) if the business is operated by a sole trader—the sole trader;\n- (b) if the business is operated by a partnership, company or trust—a partner in the partnership, a shareholder in the company or a beneficiary of the trust.\n- (a) Burnett Water; or\n- (b) Seqwater; or\n- (c) Sunwater.","sortOrder":1110},{"sectionNumber":"sch.64-sec.4","sectionType":"section","heading":"Meaning of qualifying business","content":"### sch.64-sec.4 Meaning of qualifying business\n\nA business is a qualifying business if—\nthe business involves growing crops that require irrigation from time to time; and\nthe business is not—\noperated by—\nan excluded entity; or\nan entity owned wholly or partly by an excluded entity; or\nowned wholly or partly by an excluded entity; and\nthe entity operating the business has an Australian Business Number for the business; and\nat least 1 owner of the business spends labour on the business; and\nthe entity operating the business, or at least 1 owner of the business, declares assessable primary production income.\nIn this section—\nassessable primary production income see the Income Tax Assessment Act 1997 (Cwlth) , section 392 -80(2).\nexcluded entity means each of the following entities—\nan entity operating a managed investment scheme within the meaning of the Corporations Act ;\na foreign company within the meaning of the Corporations Act ;\na public company within the meaning of the Corporations Act ;\na registrable superannuation entity within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cwlth) .\n(sch.64-sec.4-ssec.1) A business is a qualifying business if— the business involves growing crops that require irrigation from time to time; and the business is not— operated by— an excluded entity; or an entity owned wholly or partly by an excluded entity; or owned wholly or partly by an excluded entity; and the entity operating the business has an Australian Business Number for the business; and at least 1 owner of the business spends labour on the business; and the entity operating the business, or at least 1 owner of the business, declares assessable primary production income.\n(sch.64-sec.4-ssec.2) In this section— assessable primary production income see the Income Tax Assessment Act 1997 (Cwlth) , section 392 -80(2). excluded entity means each of the following entities— an entity operating a managed investment scheme within the meaning of the Corporations Act ; a foreign company within the meaning of the Corporations Act ; a public company within the meaning of the Corporations Act ; a registrable superannuation entity within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cwlth) .\n- (a) the business involves growing crops that require irrigation from time to time; and\n- (b) the business is not— (i) operated by— (A) an excluded entity; or (B) an entity owned wholly or partly by an excluded entity; or (ii) owned wholly or partly by an excluded entity; and\n- (i) operated by— (A) an excluded entity; or (B) an entity owned wholly or partly by an excluded entity; or\n- (A) an excluded entity; or\n- (B) an entity owned wholly or partly by an excluded entity; or\n- (ii) owned wholly or partly by an excluded entity; and\n- (c) the entity operating the business has an Australian Business Number for the business; and\n- (d) at least 1 owner of the business spends labour on the business; and\n- (e) the entity operating the business, or at least 1 owner of the business, declares assessable primary production income.\n- (i) operated by— (A) an excluded entity; or (B) an entity owned wholly or partly by an excluded entity; or\n- (A) an excluded entity; or\n- (B) an entity owned wholly or partly by an excluded entity; or\n- (ii) owned wholly or partly by an excluded entity; and\n- (A) an excluded entity; or\n- (B) an entity owned wholly or partly by an excluded entity; or\n- (a) an entity operating a managed investment scheme within the meaning of the Corporations Act ;\n- (b) a foreign company within the meaning of the Corporations Act ;\n- (c) a public company within the meaning of the Corporations Act ;\n- (d) a registrable superannuation entity within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cwlth) .","sortOrder":1111},{"sectionNumber":"sch.64-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":1112},{"sectionNumber":"sch.64-sec.5","sectionType":"section","heading":"Nature and amount of assistance","content":"### sch.64-sec.5 Nature and amount of assistance\n\nThe nature of financial assistance available under the scheme is a rebate to offset the cost of water supplied by a water supplier.\nThe amount of the assistance is 15% of the amount paid for an eligible irrigation bill to the extent the amount is for a charge related to the supply of water for a period in the 2025–2026 financial year or the 2026–2027 financial year.\n(sch.64-sec.5-ssec.1) The nature of financial assistance available under the scheme is a rebate to offset the cost of water supplied by a water supplier.\n(sch.64-sec.5-ssec.2) The amount of the assistance is 15% of the amount paid for an eligible irrigation bill to the extent the amount is for a charge related to the supply of water for a period in the 2025–2026 financial year or the 2026–2027 financial year.","sortOrder":1113},{"sectionNumber":"sch.64-sec.6","sectionType":"section","heading":"Eligibility criteria","content":"### sch.64-sec.6 Eligibility criteria\n\nAn applicant is eligible to receive financial assistance under the scheme if the authority is satisfied—\nthe applicant is—\nan irrigation entity; or\nan owner of a qualifying business; and\nthe applicant or the qualifying business, or a pass-on entity for the business, has been issued an eligible irrigation bill; and\nthe eligible irrigation bill has been paid in full; and\nthe applicant, or another owner of the qualifying business, has not already received assistance under the scheme for the eligible irrigation bill.\nIn this section—\npass-on entity , for a qualifying business, means an entity that—\nhas an arrangement with another entity operating the business; and\nis issued an eligible irrigation bill payable by the other entity under the arrangement.\n(sch.64-sec.6-ssec.1) An applicant is eligible to receive financial assistance under the scheme if the authority is satisfied— the applicant is— an irrigation entity; or an owner of a qualifying business; and the applicant or the qualifying business, or a pass-on entity for the business, has been issued an eligible irrigation bill; and the eligible irrigation bill has been paid in full; and the applicant, or another owner of the qualifying business, has not already received assistance under the scheme for the eligible irrigation bill.\n(sch.64-sec.6-ssec.2) In this section— pass-on entity , for a qualifying business, means an entity that— has an arrangement with another entity operating the business; and is issued an eligible irrigation bill payable by the other entity under the arrangement.\n- (a) the applicant is— (i) an irrigation entity; or (ii) an owner of a qualifying business; and\n- (i) an irrigation entity; or\n- (ii) an owner of a qualifying business; and\n- (b) the applicant or the qualifying business, or a pass-on entity for the business, has been issued an eligible irrigation bill; and\n- (c) the eligible irrigation bill has been paid in full; and\n- (d) the applicant, or another owner of the qualifying business, has not already received assistance under the scheme for the eligible irrigation bill.\n- (i) an irrigation entity; or\n- (ii) an owner of a qualifying business; and\n- (a) has an arrangement with another entity operating the business; and\n- (b) is issued an eligible irrigation bill payable by the other entity under the arrangement.","sortOrder":1114},{"sectionNumber":"sch.64-sec.7","sectionType":"section","heading":"Operation of scheme","content":"### sch.64-sec.7 Operation of scheme\n\nThe scheme closes on the earlier of the following days—\n31 December 2027;\nthe day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.\n- (a) 31 December 2027;\n- (b) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.","sortOrder":1115},{"sectionNumber":"sch.64-sec.8","sectionType":"section","heading":"Requirements for applications","content":"### sch.64-sec.8 Requirements for applications\n\nAn application for financial assistance under the scheme must—\nbe made in the form approved by the authority; and\nbe accompanied by—\na copy of the eligible irrigation bill the subject of the application; and\na document showing the payment of the eligible irrigation bill; and\nfor an applicant other than an irrigation entity—a declaration or other documentary evidence about whether the applicant is an owner of a qualifying business; and\nthe other documents stated in the form approved by the authority; and\nbe given to the authority no later than 31 December 2027.\nMore than 1 eligible irrigation bill may be the subject of an application.\nIf the authority asks the applicant to give further information to decide the application, the applicant must give the authority the information.\nIf the applicant does not comply with a request made by the authority under subsection (3) , the applicant’s application is taken to be withdrawn.\n(sch.64-sec.8-ssec.1) An application for financial assistance under the scheme must— be made in the form approved by the authority; and be accompanied by— a copy of the eligible irrigation bill the subject of the application; and a document showing the payment of the eligible irrigation bill; and for an applicant other than an irrigation entity—a declaration or other documentary evidence about whether the applicant is an owner of a qualifying business; and the other documents stated in the form approved by the authority; and be given to the authority no later than 31 December 2027.\n(sch.64-sec.8-ssec.2) More than 1 eligible irrigation bill may be the subject of an application.\n(sch.64-sec.8-ssec.3) If the authority asks the applicant to give further information to decide the application, the applicant must give the authority the information.\n(sch.64-sec.8-ssec.4) If the applicant does not comply with a request made by the authority under subsection (3) , the applicant’s application is taken to be withdrawn.\n- (a) be made in the form approved by the authority; and\n- (b) be accompanied by— (i) a copy of the eligible irrigation bill the subject of the application; and (ii) a document showing the payment of the eligible irrigation bill; and (iii) for an applicant other than an irrigation entity—a declaration or other documentary evidence about whether the applicant is an owner of a qualifying business; and (iv) the other documents stated in the form approved by the authority; and\n- (i) a copy of the eligible irrigation bill the subject of the application; and\n- (ii) a document showing the payment of the eligible irrigation bill; and\n- (iii) for an applicant other than an irrigation entity—a declaration or other documentary evidence about whether the applicant is an owner of a qualifying business; and\n- (iv) the other documents stated in the form approved by the authority; and\n- (c) be given to the authority no later than 31 December 2027.\n- (i) a copy of the eligible irrigation bill the subject of the application; and\n- (ii) a document showing the payment of the eligible irrigation bill; and\n- (iii) for an applicant other than an irrigation entity—a declaration or other documentary evidence about whether the applicant is an owner of a qualifying business; and\n- (iv) the other documents stated in the form approved by the authority; and","sortOrder":1116},{"sectionNumber":"sch.64-sec.9","sectionType":"section","heading":"Deciding applications","content":"### sch.64-sec.9 Deciding applications\n\nThe authority must consider, and decide to approve or refuse to approve, each application for financial assistance under the scheme that complies with section 8 .\nThe authority must approve an application if the authority is satisfied the applicant is eligible for assistance under section 6 .\nHowever, the authority must refuse to approve an application if the authority’s assistance funds for the scheme are insufficient to pay for the assistance applied for in the application.\nIf the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\nThe authority must decide applications in the order they are received by the authority.\nThe authority may seek the advice of persons with suitable qualifications and experience to help the authority in deciding an application.\nThe authority may, with the agreement of the applicant, approve an amount of assistance that is less than the amount applied for.\n(sch.64-sec.9-ssec.1) The authority must consider, and decide to approve or refuse to approve, each application for financial assistance under the scheme that complies with section 8 .\n(sch.64-sec.9-ssec.2) The authority must approve an application if the authority is satisfied the applicant is eligible for assistance under section 6 .\n(sch.64-sec.9-ssec.3) However, the authority must refuse to approve an application if the authority’s assistance funds for the scheme are insufficient to pay for the assistance applied for in the application.\n(sch.64-sec.9-ssec.4) If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.\n(sch.64-sec.9-ssec.5) The authority must decide applications in the order they are received by the authority.\n(sch.64-sec.9-ssec.6) The authority may seek the advice of persons with suitable qualifications and experience to help the authority in deciding an application.\n(sch.64-sec.9-ssec.7) The authority may, with the agreement of the applicant, approve an amount of assistance that is less than the amount applied for.","sortOrder":1117},{"sectionNumber":"sch.64-sec.10","sectionType":"section","heading":"Condition of assistance","content":"### sch.64-sec.10 Condition of assistance\n\nThe payment of financial assistance under the scheme to an owner of a qualifying business for an eligible irrigation bill is subject to the condition stated in subsection (2) .\nThe owner of the qualifying business must, before receiving the assistance, give written consent for the authority to give the water supplier that issued the eligible irrigation bill the following details—\na statement that the authority is satisfied the owner is the owner of a qualifying business;\nthe name of the business;\nthe customer reference number in the eligible irrigation bill.\n(sch.64-sec.10-ssec.1) The payment of financial assistance under the scheme to an owner of a qualifying business for an eligible irrigation bill is subject to the condition stated in subsection (2) .\n(sch.64-sec.10-ssec.2) The owner of the qualifying business must, before receiving the assistance, give written consent for the authority to give the water supplier that issued the eligible irrigation bill the following details— a statement that the authority is satisfied the owner is the owner of a qualifying business; the name of the business; the customer reference number in the eligible irrigation bill.\n- (a) a statement that the authority is satisfied the owner is the owner of a qualifying business;\n- (b) the name of the business;\n- (c) the customer reference number in the eligible irrigation bill.","sortOrder":1118},{"sectionNumber":"sch.65-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1119},{"sectionNumber":"sch.65-sec.1","sectionType":"section","heading":"Objective of scheme","content":"### sch.65-sec.1 Objective of scheme\n\nThe objective of the scheme is to encourage owners of eligible residences to install eligible solar PV systems to ease cost of living pressures for tenants or residents of those residences by making electricity more affordable.","sortOrder":1120},{"sectionNumber":"sch.65-sec.2","sectionType":"section","heading":"Purpose of assistance","content":"### sch.65-sec.2 Purpose of assistance\n\nThe purpose of the financial assistance that may be given under the scheme is to provide rebates to owners of eligible residences to offset the cost of purchasing and installing eligible solar PV systems.","sortOrder":1121},{"sectionNumber":"sch.65-sec.3","sectionType":"section","heading":"Definitions for scheme","content":"### sch.65-sec.3 Definitions for scheme\n\napplicant , in relation to a conditional approval application or a final approval application, means the person applying for the assistance.\napproved sellers directory means the searchable, public directory of approved sellers that is available on the website for the New Energy Tech Consumer Code program.\nBuilding Code of Australia see the Building Act 1975 , section 12 .\nClean Energy Council means Clean Energy Council Limited ACN 127 102 443.\nconditional approval application means an application, made under section 9 , for conditional approval for financial assistance under the scheme.\nelectricity chief executive means the chief executive of the department administering the Electricity Act 1994 .\nelectricity department’s website means the website of the department administering the Electricity Act 1994 .\neligible lease see section 5 .\neligible residence means premises in Queensland that—\nare a class 1a building under the Building Code of Australia; and\nare used as a place of residence or to provide rooming accommodation; and\nare individually metered for the supply of electricity; and\nare not in an embedded network; and\ndo not have a solar PV system installed at the time a conditional approval application is made in relation to the residence.\neligible solar PV system see section 4 .\nfinal approval application means an application, made under section 12 , for financial assistance under the scheme.\nindividually metered see the Residential Tenancies and Rooming Accommodation Act 2008 , schedule 2 .\ninstalled , in relation to a solar PV system at a residence, means the system is able to produce and deliver electricity to the residence.\nmultiple-occupancy residence means an eligible residence in which 2 or more rooms are occupied under rooming accommodation agreements.\nnew eligible lease , for a single-occupancy residence or a room in a multiple-occupancy residence, means an eligible lease that—\nis entered into after an applicant receives a notice of conditional approval for the residence; and\nincludes a provision stating any rights and obligations of the parties with regard to the solar PV system stated in the conditional approval application for the residence.\nNew Energy Tech Consumer Code program means the program, administered by the Clean Energy Council, that publishes recommended consumer protection standards for renewable energy technologies.\nnotice of conditional approval means a written notice—\ngiven to an applicant under section 10 (3) ; and\nstating that the authority has approved a conditional approval application made by the applicant.\nowner , of a residence, means—\na registered owner of the lot on which the residence is located under the Land Title Act 1994 ; or\na lessee, for a home ownership lease over the land on which the house is located, under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 .\nrent see the Residential Tenancies and Rooming Accommodation Act 2008 , schedule 2 .\nresident see the Residential Tenancies and Rooming Accommodation Act 200 8, section 14 .\nresidential tenancy agreement see the Residential Tenancies and Rooming Accommodation Act 200 8, section 12 .\nrooming accommodation see the Residential Tenancies and Rooming Accommodation Act 2008 , section 15 .\nrooming accommodation agreement see the Residential Tenancies and Rooming Accommodation Act 2008 , section 16 .\nscheme means the scheme set out in this schedule.\nsingle-occupancy residence means an eligible residence that—\nis occupied under 1 residential tenancy agreement; or\nis rooming accommodation of which only 1 room is occupied by a resident.\nsolar PV system means a solar photovoltaic system.\nsystem capacity , of a solar PV system, means the lower of the following—\nthe capacity of the system’s inverter;\nthe total capacity of the system’s panels.\ntenant means a tenant within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008 , section 13 (1) .\n- (a) are a class 1a building under the Building Code of Australia; and\n- (b) are used as a place of residence or to provide rooming accommodation; and\n- (c) are individually metered for the supply of electricity; and\n- (d) are not in an embedded network; and\n- (e) do not have a solar PV system installed at the time a conditional approval application is made in relation to the residence.\n- (a) is entered into after an applicant receives a notice of conditional approval for the residence; and\n- (b) includes a provision stating any rights and obligations of the parties with regard to the solar PV system stated in the conditional approval application for the residence.\n- (a) given to an applicant under section 10 (3) ; and\n- (b) stating that the authority has approved a conditional approval application made by the applicant.\n- (a) a registered owner of the lot on which the residence is located under the Land Title Act 1994 ; or\n- (b) a lessee, for a home ownership lease over the land on which the house is located, under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 .\n- (a) is occupied under 1 residential tenancy agreement; or\n- (b) is rooming accommodation of which only 1 room is occupied by a resident.\n- (a) the capacity of the system’s inverter;\n- (b) the total capacity of the system’s panels.","sortOrder":1122},{"sectionNumber":"sch.65-sec.4","sectionType":"section","heading":"Meaning of eligible solar PV system","content":"### sch.65-sec.4 Meaning of eligible solar PV system\n\nA solar PV system is an eligible solar PV system if—\nthe system has—\na system capacity of at least 3kW; and\na generation signalling device; and\nthe system’s inverter is of a type stated in the approved inverters list; and\nthe system’s solar panels are all of a type stated in the approved modules list; and\nthe system is purchased from a retailer whose name is included in the approved sellers directory; and\nthe system was designed by an entity that the authority considers appropriate.\nIn this section—\napproved inverters list means the document called ‘Approved inverters list’ made by, and published on the website of, the Clean Energy Council.\napproved modules list means the document called ‘Approved modules list’ made by, and published on the website of, the Clean Energy Council.\ngeneration signalling device , for a solar PV system, includes—\nan integrated generation signalling device that is built into the system’s inverter; and\na standalone generation signalling device that is connected to the system when the system is installed.\n(sch.65-sec.4-ssec.1) A solar PV system is an eligible solar PV system if— the system has— a system capacity of at least 3kW; and a generation signalling device; and the system’s inverter is of a type stated in the approved inverters list; and the system’s solar panels are all of a type stated in the approved modules list; and the system is purchased from a retailer whose name is included in the approved sellers directory; and the system was designed by an entity that the authority considers appropriate.\n(sch.65-sec.4-ssec.2) In this section— approved inverters list means the document called ‘Approved inverters list’ made by, and published on the website of, the Clean Energy Council. approved modules list means the document called ‘Approved modules list’ made by, and published on the website of, the Clean Energy Council. generation signalling device , for a solar PV system, includes— an integrated generation signalling device that is built into the system’s inverter; and a standalone generation signalling device that is connected to the system when the system is installed.\n- (a) the system has— (i) a system capacity of at least 3kW; and (ii) a generation signalling device; and\n- (i) a system capacity of at least 3kW; and\n- (ii) a generation signalling device; and\n- (b) the system’s inverter is of a type stated in the approved inverters list; and\n- (c) the system’s solar panels are all of a type stated in the approved modules list; and\n- (d) the system is purchased from a retailer whose name is included in the approved sellers directory; and\n- (e) the system was designed by an entity that the authority considers appropriate.\n- (i) a system capacity of at least 3kW; and\n- (ii) a generation signalling device; and\n- (a) an integrated generation signalling device that is built into the system’s inverter; and\n- (b) a standalone generation signalling device that is connected to the system when the system is installed.","sortOrder":1123},{"sectionNumber":"sch.65-sec.5","sectionType":"section","heading":"Meaning of eligible lease","content":"### sch.65-sec.5 Meaning of eligible lease\n\nA written lease for a single-occupancy residence is an eligible lease if—\nthe lease requires the tenant or resident to pay some or all of the outgoings for electricity supplied to the residence; and\nfor a residence occupied under a residential tenancy agreement—the rent for the residence does not exceed the approved rent for the scheme.\nSubsection (3) applies if—\nan eligible residence is a multiple-occupancy residence; and\nat least 1 written rooming accommodation agreement for a room in the residence requires the resident to pay some or all of the outgoings for electricity supplied to the residence.\nEach written rooming accommodation agreement for a room in the multiple-occupancy residence is an eligible lease .\nIn this section—\napproved rent means rent of an amount equivalent to—\n$1,000 per week; or\nif the electricity chief executive has published an approved rent notice—the amount per week stated in the notice.\napproved rent notice means a written notice stating the approved rent per week for the scheme that is—\nmade by the electricity chief executive; and\npublished on the electricity department’s website.\nwritten lease means—\na residential tenancy agreement that is in writing; or\na rooming accommodation agreement that is in writing.\n(sch.65-sec.5-ssec.1) A written lease for a single-occupancy residence is an eligible lease if— the lease requires the tenant or resident to pay some or all of the outgoings for electricity supplied to the residence; and for a residence occupied under a residential tenancy agreement—the rent for the residence does not exceed the approved rent for the scheme.\n(sch.65-sec.5-ssec.2) Subsection (3) applies if— an eligible residence is a multiple-occupancy residence; and at least 1 written rooming accommodation agreement for a room in the residence requires the resident to pay some or all of the outgoings for electricity supplied to the residence.\n(sch.65-sec.5-ssec.3) Each written rooming accommodation agreement for a room in the multiple-occupancy residence is an eligible lease .\n(sch.65-sec.5-ssec.4) In this section— approved rent means rent of an amount equivalent to— $1,000 per week; or if the electricity chief executive has published an approved rent notice—the amount per week stated in the notice. approved rent notice means a written notice stating the approved rent per week for the scheme that is— made by the electricity chief executive; and published on the electricity department’s website. written lease means— a residential tenancy agreement that is in writing; or a rooming accommodation agreement that is in writing.\n- (a) the lease requires the tenant or resident to pay some or all of the outgoings for electricity supplied to the residence; and\n- (b) for a residence occupied under a residential tenancy agreement—the rent for the residence does not exceed the approved rent for the scheme.\n- (a) an eligible residence is a multiple-occupancy residence; and\n- (b) at least 1 written rooming accommodation agreement for a room in the residence requires the resident to pay some or all of the outgoings for electricity supplied to the residence.\n- (a) $1,000 per week; or\n- (b) if the electricity chief executive has published an approved rent notice—the amount per week stated in the notice.\n- (a) made by the electricity chief executive; and\n- (b) published on the electricity department’s website.\n- (a) a residential tenancy agreement that is in writing; or\n- (b) a rooming accommodation agreement that is in writing.","sortOrder":1124},{"sectionNumber":"sch.65-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":1125},{"sectionNumber":"sch.65-sec.6","sectionType":"section","heading":"Nature of assistance","content":"### sch.65-sec.6 Nature of assistance\n\nThe nature of the financial assistance available under the scheme is a rebate to offset the cost of purchasing and installing an eligible solar PV system at an eligible residence.\nThe amount of the assistance is the lesser of the following—\nthe cost of purchasing and installing the eligible solar PV system;\nthe maximum rebate for the system.\nIn this section—\nmaximum rebate , for an eligible solar PV system, means—\nif the system has a system capacity of at least 3kW but less than 4kW—$2,500; or\nif the system has a system capacity of at least 4kW but less than 5kW—$3,000; or\nif the system has a system capacity of 5kW or more—$3,500.\n(sch.65-sec.6-ssec.1) The nature of the financial assistance available under the scheme is a rebate to offset the cost of purchasing and installing an eligible solar PV system at an eligible residence.\n(sch.65-sec.6-ssec.2) The amount of the assistance is the lesser of the following— the cost of purchasing and installing the eligible solar PV system; the maximum rebate for the system.\n(sch.65-sec.6-ssec.3) In this section— maximum rebate , for an eligible solar PV system, means— if the system has a system capacity of at least 3kW but less than 4kW—$2,500; or if the system has a system capacity of at least 4kW but less than 5kW—$3,000; or if the system has a system capacity of 5kW or more—$3,500.\n- (a) the cost of purchasing and installing the eligible solar PV system;\n- (b) the maximum rebate for the system.\n- (a) if the system has a system capacity of at least 3kW but less than 4kW—$2,500; or\n- (b) if the system has a system capacity of at least 4kW but less than 5kW—$3,000; or\n- (c) if the system has a system capacity of 5kW or more—$3,500.","sortOrder":1126},{"sectionNumber":"sch.65-sec.7","sectionType":"section","heading":"Eligibility criteria—conditional approval for assistance","content":"### sch.65-sec.7 Eligibility criteria—conditional approval for assistance\n\nAn applicant is eligible for conditional approval for financial assistance under the scheme in relation to an eligible residence if—\nthe applicant—\nis an individual who is a resident of Australia; and\nis the owner of the residence; and\nhas obtained a solar PV system quote for the residence; and\nthe residence is the subject of an eligible lease; and\nif the residence is a multiple-occupancy residence—the applicant does not occupy any of the rooms in the residence as their only or main residence; and\nthe authority is satisfied that—\nthe tenant, or each resident, of the residence has given consent for the eligible solar PV system to be installed; and\nif the installation of the eligible solar PV system requires the approval of a body corporate within the meaning of the Body Corporate and Community Management Act 1997 —the body corporate has given approval for the system to be installed; and\nan individual has not previously received assistance under the scheme in relation to the residence.\nHowever, despite subsection (1) , an applicant is not eligible for conditional approval in relation to the residence if the applicant has previously received a notice of conditional approval in relation to—\n3 or more other residences; or\nif a multiple residence eligibility notice is prepared and published—the number, or more than the number, of residences stated in the notice.\nIn this section—\nmultiple residence eligibility notice means a written notice, stating the maximum number of residences for which an applicant may receive financial assistance under the scheme, that is—\nprepared by the electricity chief executive; and\npublished on the electricity department’s website.\nsolar PV system quote , for a residence, means a quote—\nfor the purchase and installation of an eligible solar PV system at the residence; and\nthat is obtained—\nafter the scheme opens under section 8 ; and\nfrom a retailer whose name is included in the approved sellers directory.\n(sch.65-sec.7-ssec.1) An applicant is eligible for conditional approval for financial assistance under the scheme in relation to an eligible residence if— the applicant— is an individual who is a resident of Australia; and is the owner of the residence; and has obtained a solar PV system quote for the residence; and the residence is the subject of an eligible lease; and if the residence is a multiple-occupancy residence—the applicant does not occupy any of the rooms in the residence as their only or main residence; and the authority is satisfied that— the tenant, or each resident, of the residence has given consent for the eligible solar PV system to be installed; and if the installation of the eligible solar PV system requires the approval of a body corporate within the meaning of the Body Corporate and Community Management Act 1997 —the body corporate has given approval for the system to be installed; and an individual has not previously received assistance under the scheme in relation to the residence.\n(sch.65-sec.7-ssec.2) However, despite subsection (1) , an applicant is not eligible for conditional approval in relation to the residence if the applicant has previously received a notice of conditional approval in relation to— 3 or more other residences; or if a multiple residence eligibility notice is prepared and published—the number, or more than the number, of residences stated in the notice.\n(sch.65-sec.7-ssec.3) In this section— multiple residence eligibility notice means a written notice, stating the maximum number of residences for which an applicant may receive financial assistance under the scheme, that is— prepared by the electricity chief executive; and published on the electricity department’s website. solar PV system quote , for a residence, means a quote— for the purchase and installation of an eligible solar PV system at the residence; and that is obtained— after the scheme opens under section 8 ; and from a retailer whose name is included in the approved sellers directory.\n- (a) the applicant— (i) is an individual who is a resident of Australia; and (ii) is the owner of the residence; and (iii) has obtained a solar PV system quote for the residence; and\n- (i) is an individual who is a resident of Australia; and\n- (ii) is the owner of the residence; and\n- (iii) has obtained a solar PV system quote for the residence; and\n- (b) the residence is the subject of an eligible lease; and\n- (c) if the residence is a multiple-occupancy residence—the applicant does not occupy any of the rooms in the residence as their only or main residence; and\n- (d) the authority is satisfied that— (i) the tenant, or each resident, of the residence has given consent for the eligible solar PV system to be installed; and (ii) if the installation of the eligible solar PV system requires the approval of a body corporate within the meaning of the Body Corporate and Community Management Act 1997 —the body corporate has given approval for the system to be installed; and\n- (i) the tenant, or each resident, of the residence has given consent for the eligible solar PV system to be installed; and\n- (ii) if the installation of the eligible solar PV system requires the approval of a body corporate within the meaning of the Body Corporate and Community Management Act 1997 —the body corporate has given approval for the system to be installed; and\n- (e) an individual has not previously received assistance under the scheme in relation to the residence.\n- (i) is an individual who is a resident of Australia; and\n- (ii) is the owner of the residence; and\n- (iii) has obtained a solar PV system quote for the residence; and\n- (i) the tenant, or each resident, of the residence has given consent for the eligible solar PV system to be installed; and\n- (ii) if the installation of the eligible solar PV system requires the approval of a body corporate within the meaning of the Body Corporate and Community Management Act 1997 —the body corporate has given approval for the system to be installed; and\n- (a) 3 or more other residences; or\n- (b) if a multiple residence eligibility notice is prepared and published—the number, or more than the number, of residences stated in the notice.\n- (a) prepared by the electricity chief executive; and\n- (b) published on the electricity department’s website.\n- (a) for the purchase and installation of an eligible solar PV system at the residence; and\n- (b) that is obtained— (i) after the scheme opens under section 8 ; and (ii) from a retailer whose name is included in the approved sellers directory.\n- (i) after the scheme opens under section 8 ; and\n- (ii) from a retailer whose name is included in the approved sellers directory.\n- (i) after the scheme opens under section 8 ; and\n- (ii) from a retailer whose name is included in the approved sellers directory.","sortOrder":1127},{"sectionNumber":"sch.65-sec.8","sectionType":"section","heading":"Operation of scheme","content":"### sch.65-sec.8 Operation of scheme\n\nThe scheme—\nopens on the day stated on the electricity department’s website as the day the scheme opens; and\ncloses on the earlier of the following days—\nthe day stated on the website as the day the scheme closes;\nthe day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.\n- (a) opens on the day stated on the electricity department’s website as the day the scheme opens; and\n- (b) closes on the earlier of the following days— (i) the day stated on the website as the day the scheme closes; (ii) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.\n- (i) the day stated on the website as the day the scheme closes;\n- (ii) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.\n- (i) the day stated on the website as the day the scheme closes;\n- (ii) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.","sortOrder":1128},{"sectionNumber":"sch.65-sec.9","sectionType":"section","heading":"Conditional approval applications","content":"### sch.65-sec.9 Conditional approval applications\n\nA conditional approval application in relation to an eligible residence must—\nbe made using the form approved by the authority; and\nbe given to the authority before the applicant makes a final approval application for the residence under section 12 ; and\nbe accompanied by the documents stated on the form.\nThe authority may ask the applicant for further information or documents to decide the application.\n(sch.65-sec.9-ssec.1) A conditional approval application in relation to an eligible residence must— be made using the form approved by the authority; and be given to the authority before the applicant makes a final approval application for the residence under section 12 ; and be accompanied by the documents stated on the form.\n(sch.65-sec.9-ssec.2) The authority may ask the applicant for further information or documents to decide the application.\n- (a) be made using the form approved by the authority; and\n- (b) be given to the authority before the applicant makes a final approval application for the residence under section 12 ; and\n- (c) be accompanied by the documents stated on the form.","sortOrder":1129},{"sectionNumber":"sch.65-sec.10","sectionType":"section","heading":"Deciding conditional approval applications","content":"### sch.65-sec.10 Deciding conditional approval applications\n\nThe authority must consider, and approve or refuse to approve, each conditional approval application that complies with section 9 .\nThe authority must decide applications in the order they are received by the authority.\nThe authority must give the applicant written notice of a decision made under this section.\n(sch.65-sec.10-ssec.1) The authority must consider, and approve or refuse to approve, each conditional approval application that complies with section 9 .\n(sch.65-sec.10-ssec.2) The authority must decide applications in the order they are received by the authority.\n(sch.65-sec.10-ssec.3) The authority must give the applicant written notice of a decision made under this section.","sortOrder":1130},{"sectionNumber":"sch.65-sec.11","sectionType":"section","heading":"Eligibility criteria—assistance","content":"### sch.65-sec.11 Eligibility criteria—assistance\n\nAn applicant is eligible to receive financial assistance under the scheme in relation to an eligible residence if—\nthe applicant has received a notice of conditional approval for the assistance; and\nthe applicant makes a final approval application for the assistance on or before the day that is—\n150 days after the applicant receives the notice of conditional approval; or\na later day, not later than 240 days after receiving the notice, if the authority is satisfied it is not reasonably practicable for the installation to have been carried out, and the application made, until the later day; and\non the day the applicant makes the final approval application, the applicant—\nis still a resident of Australia; and\nis still the owner of the residence; and\nif the residence is a multiple-occupancy residence—does not occupy any of the rooms in the residence as their only or main residence; and\nthe authority is satisfied that—\nthe eligible solar PV system stated in the conditional approval application has been installed at the residence by an entity the authority considers appropriate; and\nthe applicant has paid for, or entered into an agreement to pay for, the system and its installation in full; and\nthe residence is the subject of 1 or more new eligible leases with a remaining term of at least 8 months from the day the applicant makes the final approval application; and\neither—\nfor a single-occupancy residence—the rent for the residence stated in the final approval application is not more than the rent for the residence that was stated in the conditional approval application; or\nfor a multiple-occupancy residence—the rent for each relevant room stated in the final approval application is not more than the rent for the room that was stated in the conditional approval application.\nFor subsection (1) (e) , a rent increase provided for under an eligible lease stated in the conditional approval application may be disregarded.\nIn this section—\nrelevant room , for an eligible residence that is a multiple-occupancy residence, means a room in the residence that—\nwas subject to an eligible lease stated in the conditional approval application for the residence; and\nis subject to an eligible lease stated in the final approval application, whether or not it is the lease mentioned in paragraph (a) .\n(sch.65-sec.11-ssec.1) An applicant is eligible to receive financial assistance under the scheme in relation to an eligible residence if— the applicant has received a notice of conditional approval for the assistance; and the applicant makes a final approval application for the assistance on or before the day that is— 150 days after the applicant receives the notice of conditional approval; or a later day, not later than 240 days after receiving the notice, if the authority is satisfied it is not reasonably practicable for the installation to have been carried out, and the application made, until the later day; and on the day the applicant makes the final approval application, the applicant— is still a resident of Australia; and is still the owner of the residence; and if the residence is a multiple-occupancy residence—does not occupy any of the rooms in the residence as their only or main residence; and the authority is satisfied that— the eligible solar PV system stated in the conditional approval application has been installed at the residence by an entity the authority considers appropriate; and the applicant has paid for, or entered into an agreement to pay for, the system and its installation in full; and the residence is the subject of 1 or more new eligible leases with a remaining term of at least 8 months from the day the applicant makes the final approval application; and either— for a single-occupancy residence—the rent for the residence stated in the final approval application is not more than the rent for the residence that was stated in the conditional approval application; or for a multiple-occupancy residence—the rent for each relevant room stated in the final approval application is not more than the rent for the room that was stated in the conditional approval application.\n(sch.65-sec.11-ssec.2) For subsection (1) (e) , a rent increase provided for under an eligible lease stated in the conditional approval application may be disregarded.\n(sch.65-sec.11-ssec.3) In this section— relevant room , for an eligible residence that is a multiple-occupancy residence, means a room in the residence that— was subject to an eligible lease stated in the conditional approval application for the residence; and is subject to an eligible lease stated in the final approval application, whether or not it is the lease mentioned in paragraph (a) .\n- (a) the applicant has received a notice of conditional approval for the assistance; and\n- (b) the applicant makes a final approval application for the assistance on or before the day that is— (i) 150 days after the applicant receives the notice of conditional approval; or (ii) a later day, not later than 240 days after receiving the notice, if the authority is satisfied it is not reasonably practicable for the installation to have been carried out, and the application made, until the later day; and\n- (i) 150 days after the applicant receives the notice of conditional approval; or\n- (ii) a later day, not later than 240 days after receiving the notice, if the authority is satisfied it is not reasonably practicable for the installation to have been carried out, and the application made, until the later day; and\n- (c) on the day the applicant makes the final approval application, the applicant— (i) is still a resident of Australia; and (ii) is still the owner of the residence; and (iii) if the residence is a multiple-occupancy residence—does not occupy any of the rooms in the residence as their only or main residence; and\n- (i) is still a resident of Australia; and\n- (ii) is still the owner of the residence; and\n- (iii) if the residence is a multiple-occupancy residence—does not occupy any of the rooms in the residence as their only or main residence; and\n- (d) the authority is satisfied that— (i) the eligible solar PV system stated in the conditional approval application has been installed at the residence by an entity the authority considers appropriate; and (ii) the applicant has paid for, or entered into an agreement to pay for, the system and its installation in full; and (iii) the residence is the subject of 1 or more new eligible leases with a remaining term of at least 8 months from the day the applicant makes the final approval application; and\n- (i) the eligible solar PV system stated in the conditional approval application has been installed at the residence by an entity the authority considers appropriate; and\n- (ii) the applicant has paid for, or entered into an agreement to pay for, the system and its installation in full; and\n- (iii) the residence is the subject of 1 or more new eligible leases with a remaining term of at least 8 months from the day the applicant makes the final approval application; and\n- (e) either— (i) for a single-occupancy residence—the rent for the residence stated in the final approval application is not more than the rent for the residence that was stated in the conditional approval application; or (ii) for a multiple-occupancy residence—the rent for each relevant room stated in the final approval application is not more than the rent for the room that was stated in the conditional approval application.\n- (i) for a single-occupancy residence—the rent for the residence stated in the final approval application is not more than the rent for the residence that was stated in the conditional approval application; or\n- (ii) for a multiple-occupancy residence—the rent for each relevant room stated in the final approval application is not more than the rent for the room that was stated in the conditional approval application.\n- (i) 150 days after the applicant receives the notice of conditional approval; or\n- (ii) a later day, not later than 240 days after receiving the notice, if the authority is satisfied it is not reasonably practicable for the installation to have been carried out, and the application made, until the later day; and\n- (i) is still a resident of Australia; and\n- (ii) is still the owner of the residence; and\n- (iii) if the residence is a multiple-occupancy residence—does not occupy any of the rooms in the residence as their only or main residence; and\n- (i) the eligible solar PV system stated in the conditional approval application has been installed at the residence by an entity the authority considers appropriate; and\n- (ii) the applicant has paid for, or entered into an agreement to pay for, the system and its installation in full; and\n- (iii) the residence is the subject of 1 or more new eligible leases with a remaining term of at least 8 months from the day the applicant makes the final approval application; and\n- (i) for a single-occupancy residence—the rent for the residence stated in the final approval application is not more than the rent for the residence that was stated in the conditional approval application; or\n- (ii) for a multiple-occupancy residence—the rent for each relevant room stated in the final approval application is not more than the rent for the room that was stated in the conditional approval application.\n- (a) was subject to an eligible lease stated in the conditional approval application for the residence; and\n- (b) is subject to an eligible lease stated in the final approval application, whether or not it is the lease mentioned in paragraph (a) .","sortOrder":1131},{"sectionNumber":"sch.65-sec.12","sectionType":"section","heading":"Final approval applications","content":"### sch.65-sec.12 Final approval applications\n\nA final approval application in relation to an eligible residence must—\nbe made using the form approved by the authority; and\nbe accompanied by—\na copy of each new eligible lease for the residence; and\ntax invoices or official receipts for the purchase and installation of the solar PV system stated in the application; and\nany other documents stated in the form.\nThe authority may ask the applicant for further information or documents to decide the application.\n(sch.65-sec.12-ssec.1) A final approval application in relation to an eligible residence must— be made using the form approved by the authority; and be accompanied by— a copy of each new eligible lease for the residence; and tax invoices or official receipts for the purchase and installation of the solar PV system stated in the application; and any other documents stated in the form.\n(sch.65-sec.12-ssec.2) The authority may ask the applicant for further information or documents to decide the application.\n- (a) be made using the form approved by the authority; and\n- (b) be accompanied by— (i) a copy of each new eligible lease for the residence; and (ii) tax invoices or official receipts for the purchase and installation of the solar PV system stated in the application; and (iii) any other documents stated in the form.\n- (i) a copy of each new eligible lease for the residence; and\n- (ii) tax invoices or official receipts for the purchase and installation of the solar PV system stated in the application; and\n- (iii) any other documents stated in the form.\n- (i) a copy of each new eligible lease for the residence; and\n- (ii) tax invoices or official receipts for the purchase and installation of the solar PV system stated in the application; and\n- (iii) any other documents stated in the form.","sortOrder":1132},{"sectionNumber":"sch.65-sec.13","sectionType":"section","heading":"Deciding final approval applications","content":"### sch.65-sec.13 Deciding final approval applications\n\nThe authority must consider, and approve or refuse to approve, each final approval application that complies with section 12 .\nThe authority must decide applications in the order they are received by the authority.\nThe authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.\nIf the authority refuses the application, the authority must give the applicant written notice of the decision.\n(sch.65-sec.13-ssec.1) The authority must consider, and approve or refuse to approve, each final approval application that complies with section 12 .\n(sch.65-sec.13-ssec.2) The authority must decide applications in the order they are received by the authority.\n(sch.65-sec.13-ssec.3) 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.\n(sch.65-sec.13-ssec.4) If the authority refuses the application, the authority must give the applicant written notice of the decision.","sortOrder":1133},{"sectionNumber":"sch.66-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":1134},{"sectionNumber":"sch.66-sec.1","sectionType":"section","heading":"Purpose of assistance","content":"### sch.66-sec.1 Purpose of assistance\n\nThe purpose of assistance under the scheme is to encourage registered providers to—\nbuy energy upgrade measures; and\ninstall the energy upgrade measures in or for eligible dwellings.\n- (a) buy energy upgrade measures; and\n- (b) install the energy upgrade measures in or for eligible dwellings.","sortOrder":1135},{"sectionNumber":"sch.66-sec.2","sectionType":"section","heading":"Definitions for schedule","content":"### sch.66-sec.2 Definitions for schedule\n\nIn this schedule—\nassistance agreement see section 16 (a) .\nbuilding means a building under the Building Act 1975 .\nBuilding Code of Australia see the Building Act 1975 , section 12 .\nclass 1a building —\nmeans a class 1a building under the Building Code of Australia; and\nincludes a granny flat.\nclass 2 building means a class 2 building under the Building Code of Australia.\ncommunity housing service see the Housing Act 2003 , section 8 (3) .\nconditional approval means conditional approval for assistance under the scheme given under section 12 (5) .\nelectrical installation see the Electrical Safety Act 2002 , section 15 .\neligible ceiling insulation means ceiling insulation that—\ncomplies with AS/NZS 4859.1:2018 (Thermal insulation materials for buildings); and\nhas a minimum thermal resistance rating of R3.0; and\nis not electrically conductive ceiling insulation under the Electrical Safety Regulation 2013 , section 92 .\neligible dwelling means a class 1a building, or a sole-occupancy unit in a class 2 building—\nsituated in Queensland; and\nused for providing a community housing service.\neligible solar PV system see section 5 .\nenergy-efficient hot water system means a heat-pump hot water system or solar hot water system.\nenergy upgrade measure see section 3 (1) .\nfinal approval means final approval for assistance under the scheme given under section 25 (5) .\ngranny flat means a small building on a lot that—\nis capable of providing self-contained accommodation; and\nis not—\na house, or other main building used for residential purposes, on the lot; or\na manufactured home under the Manufactured Homes (Residential Parks) Act 2003 ; or\na caravan, even if modified so it can not be moved in a way ordinarily used to transport a caravan.\nhigh risk construction work see the Work Health and Safety Regulation 2011 , section 291 .\ninstallation , of an energy upgrade measure, in or for an eligible dwelling, see section 4 .\nlot means—\na lot on a building units plan or group titles plan registered under the Building Units and Group Titles Act 1980 ; or\na lot under the Land Title Act 1994 .\nprimary measure see section 3 (2) .\nregistered provider see the Housing Act 2003 , schedule 4 .\nsafe work method statement see the Work Health and Safety Regulation 2011 , schedule 19 .\nscheme means the scheme set out in this schedule.\nsole-occupancy unit means a sole-occupancy unit under the Building Code of Australia.\nsupplementary measure see section 3 (3) .\nsupporting quote see section 9 (2) (b) .\n- (a) means a class 1a building under the Building Code of Australia; and\n- (b) includes a granny flat.\n- (a) complies with AS/NZS 4859.1:2018 (Thermal insulation materials for buildings); and\n- (b) has a minimum thermal resistance rating of R3.0; and\n- (c) is not electrically conductive ceiling insulation under the Electrical Safety Regulation 2013 , section 92 .\n- (a) situated in Queensland; and\n- (b) used for providing a community housing service.\n- (a) is capable of providing self-contained accommodation; and\n- (b) is not— (i) a house, or other main building used for residential purposes, on the lot; or (ii) a manufactured home under the Manufactured Homes (Residential Parks) Act 2003 ; or (iii) a caravan, even if modified so it can not be moved in a way ordinarily used to transport a caravan.\n- (i) a house, or other main building used for residential purposes, on the lot; or\n- (ii) a manufactured home under the Manufactured Homes (Residential Parks) Act 2003 ; or\n- (iii) a caravan, even if modified so it can not be moved in a way ordinarily used to transport a caravan.\n- (i) a house, or other main building used for residential purposes, on the lot; or\n- (ii) a manufactured home under the Manufactured Homes (Residential Parks) Act 2003 ; or\n- (iii) a caravan, even if modified so it can not be moved in a way ordinarily used to transport a caravan.\n- (a) a lot on a building units plan or group titles plan registered under the Building Units and Group Titles Act 1980 ; or\n- (b) a lot under the Land Title Act 1994 .","sortOrder":1136},{"sectionNumber":"sch.66-sec.3","sectionType":"section","heading":"Meaning of energy upgrade measure , primary measure and supplementary measure","content":"### sch.66-sec.3 Meaning of energy upgrade measure , primary measure and supplementary measure\n\nAn energy upgrade measure is—\na primary measure; or\na supplementary measure.\nEach of the following things is a primary measure —\na draught-proofing measure;\nan electric cook-top;\nan electric oven;\neligible ceiling insulation;\nan eligible solar PV system;\nan energy-efficient air conditioner;\nan energy-efficient hot water system;\nan external window-shading measure;\na high-performance glazed window.\nEach of the following things is a supplementary measure —\na direct-current ceiling fan;\nan LED light fixture.\nIn this section—\ndraught-proofing measure means a substance or other thing designed to seal a gap in a building against inflows of air.\nenergy-efficient air conditioner means a split-cycle air conditioner that—\nhas an energy rating for the air conditioner’s cooling function of at least 4 stars; and\nif the air conditioner has a heating function—has an energy rating for the function of at least 3 stars.\nenergy rating , for an air conditioner’s cooling or heating function, means the rating shown for the function on the energy rating label required or permitted, under a GEMS determination, to be communicated in connection with the retail supply, or offer of retail supply, of the air conditioner.\nexternal window-shading measure means a device or structure, outside a window, that is designed to block or reduce the passing of direct sunlight through the window.\nwindow awning, window shutter, external blind, external louvres\nGEMS determination means a GEMS determination in force under the Greenhouse and Energy Minimum Standards Act 2012 (Cwlth) .\nhigh-performance glazed window means a window designed to improve the thermal insulation of a building in which it is installed.\n(sch.66-sec.3-ssec.1) An energy upgrade measure is— a primary measure; or a supplementary measure.\n(sch.66-sec.3-ssec.2) Each of the following things is a primary measure — a draught-proofing measure; an electric cook-top; an electric oven; eligible ceiling insulation; an eligible solar PV system; an energy-efficient air conditioner; an energy-efficient hot water system; an external window-shading measure; a high-performance glazed window.\n(sch.66-sec.3-ssec.3) Each of the following things is a supplementary measure — a direct-current ceiling fan; an LED light fixture.\n(sch.66-sec.3-ssec.4) In this section— draught-proofing measure means a substance or other thing designed to seal a gap in a building against inflows of air. energy-efficient air conditioner means a split-cycle air conditioner that— has an energy rating for the air conditioner’s cooling function of at least 4 stars; and if the air conditioner has a heating function—has an energy rating for the function of at least 3 stars. energy rating , for an air conditioner’s cooling or heating function, means the rating shown for the function on the energy rating label required or permitted, under a GEMS determination, to be communicated in connection with the retail supply, or offer of retail supply, of the air conditioner. external window-shading measure means a device or structure, outside a window, that is designed to block or reduce the passing of direct sunlight through the window. window awning, window shutter, external blind, external louvres GEMS determination means a GEMS determination in force under the Greenhouse and Energy Minimum Standards Act 2012 (Cwlth) . high-performance glazed window means a window designed to improve the thermal insulation of a building in which it is installed.\n- (a) a primary measure; or\n- (b) a supplementary measure.\n- (a) a draught-proofing measure;\n- (b) an electric cook-top;\n- (c) an electric oven;\n- (d) eligible ceiling insulation;\n- (e) an eligible solar PV system;\n- (f) an energy-efficient air conditioner;\n- (g) an energy-efficient hot water system;\n- (h) an external window-shading measure;\n- (i) a high-performance glazed window.\n- (a) a direct-current ceiling fan;\n- (b) an LED light fixture.\n- (a) has an energy rating for the air conditioner’s cooling function of at least 4 stars; and\n- (b) if the air conditioner has a heating function—has an energy rating for the function of at least 3 stars.","sortOrder":1137},{"sectionNumber":"sch.66-sec.4","sectionType":"section","heading":"Meaning of installation of energy upgrade measure in or for eligible dwelling","content":"### sch.66-sec.4 Meaning of installation of energy upgrade measure in or for eligible dwelling\n\nThe installation of an energy upgrade measure in or for an eligible dwelling—\nincludes the carrying out of—\nwork that is necessary to install the measure or prepare the dwelling for the installation; and\nmodifying a circuit, upgrading a switchboard\nother work required only because of the installation; but\ndecommissioning, disposing of, recycling or removing a thing\ndoes not include the carrying out of work that would be required regardless of the installation.\ncarrying out general maintenance or a repair\n- (a) includes the carrying out of— (i) work that is necessary to install the measure or prepare the dwelling for the installation; and Examples of types of work for subparagraph (i) — modifying a circuit, upgrading a switchboard (ii) other work required only because of the installation; but Example of types of work for subparagraph (ii) — decommissioning, disposing of, recycling or removing a thing\n- (i) work that is necessary to install the measure or prepare the dwelling for the installation; and Examples of types of work for subparagraph (i) — modifying a circuit, upgrading a switchboard\n- (ii) other work required only because of the installation; but Example of types of work for subparagraph (ii) — decommissioning, disposing of, recycling or removing a thing\n- (b) does not include the carrying out of work that would be required regardless of the installation. Example of types of work for paragraph (b) — carrying out general maintenance or a repair\n- (i) work that is necessary to install the measure or prepare the dwelling for the installation; and Examples of types of work for subparagraph (i) — modifying a circuit, upgrading a switchboard\n- (ii) other work required only because of the installation; but Example of types of work for subparagraph (ii) — decommissioning, disposing of, recycling or removing a thing","sortOrder":1138},{"sectionNumber":"sch.66-sec.5","sectionType":"section","heading":"Meaning of eligible solar PV system","content":"### sch.66-sec.5 Meaning of eligible solar PV system\n\nA solar PV system is an eligible solar PV system if—\nthe system has—\na system capacity of at least 3kW; and\na generation signalling device; and\nthe system’s inverter is of a type stated in the approved inverters list; and\nthe system’s solar panels are all of a type stated in the approved modules list; and\nthe system is purchased from a retailer whose name is included in the approved sellers directory; and\nthe system was designed by an accredited solar PV designer.\nIn this section—\naccredited solar PV designer means a person who holds accreditation from Solar Accreditation Australia Limited ACN 666 008 368 for—\ngrid connected photovoltaic systems design; or\ngrid connected photovoltaic systems design and installation.\napproved inverters list means the document called ‘Approved inverters list’ made by, and published on the website of, the Clean Energy Council.\napproved modules list means the document called ‘Approved modules list’ made by, and published on the website of, the Clean Energy Council.\napproved sellers directory means the searchable public directory of approved sellers that is available on the website for the New Energy Tech Consumer Code program.\nClean Energy Council means Clean Energy Council Limited ACN 127 102 443.\ngeneration signalling device , for a solar PV system, includes—\nan integrated generation signalling device that is built into the system’s inverter; and\na standalone generation signalling device that is connected to the system when the system is installed.\nNew Energy Tech Consumer Code program means the program, administered by the Clean Energy Council, that publishes recommended consumer protection standards for renewable energy technologies.\nsolar PV system means a solar photovoltaic system.\nsystem capacity , for a solar PV system, means the lower of the following—\nthe capacity of the system’s inverter;\nthe total capacity of the system’s panels.\n(sch.66-sec.5-ssec.1) A solar PV system is an eligible solar PV system if— the system has— a system capacity of at least 3kW; and a generation signalling device; and the system’s inverter is of a type stated in the approved inverters list; and the system’s solar panels are all of a type stated in the approved modules list; and the system is purchased from a retailer whose name is included in the approved sellers directory; and the system was designed by an accredited solar PV designer.\n(sch.66-sec.5-ssec.2) In this section— accredited solar PV designer means a person who holds accreditation from Solar Accreditation Australia Limited ACN 666 008 368 for— grid connected photovoltaic systems design; or grid connected photovoltaic systems design and installation. approved inverters list means the document called ‘Approved inverters list’ made by, and published on the website of, the Clean Energy Council. approved modules list means the document called ‘Approved modules list’ made by, and published on the website of, the Clean Energy Council. approved sellers directory means the searchable public directory of approved sellers that is available on the website for the New Energy Tech Consumer Code program. Clean Energy Council means Clean Energy Council Limited ACN 127 102 443. generation signalling device , for a solar PV system, includes— an integrated generation signalling device that is built into the system’s inverter; and a standalone generation signalling device that is connected to the system when the system is installed. New Energy Tech Consumer Code program means the program, administered by the Clean Energy Council, that publishes recommended consumer protection standards for renewable energy technologies. solar PV system means a solar photovoltaic system. system capacity , for a solar PV system, means the lower of the following— the capacity of the system’s inverter; the total capacity of the system’s panels.\n- (a) the system has— (i) a system capacity of at least 3kW; and (ii) a generation signalling device; and\n- (i) a system capacity of at least 3kW; and\n- (ii) a generation signalling device; and\n- (b) the system’s inverter is of a type stated in the approved inverters list; and\n- (c) the system’s solar panels are all of a type stated in the approved modules list; and\n- (d) the system is purchased from a retailer whose name is included in the approved sellers directory; and\n- (e) the system was designed by an accredited solar PV designer.\n- (i) a system capacity of at least 3kW; and\n- (ii) a generation signalling device; and\n- (a) grid connected photovoltaic systems design; or\n- (b) grid connected photovoltaic systems design and installation.\n- (a) an integrated generation signalling device that is built into the system’s inverter; and\n- (b) a standalone generation signalling device that is connected to the system when the system is installed.\n- (a) the capacity of the system’s inverter;\n- (b) the total capacity of the system’s panels.","sortOrder":1139},{"sectionNumber":"sch.66-pt.2","sectionType":"part","heading":"General provisions for scheme","content":"# General provisions for scheme","sortOrder":1140},{"sectionNumber":"sch.66-pt.2-div.1","sectionType":"division","heading":"Nature and amount of assistance","content":"## Nature and amount of assistance","sortOrder":1141},{"sectionNumber":"sch.66-sec.6","sectionType":"section","heading":"Nature of assistance","content":"### sch.66-sec.6 Nature of assistance\n\nThe nature of the assistance available under the scheme is a rebate to offset the costs to a registered provider of—\nbuying an energy upgrade measure; and\nhaving the energy upgrade measure installed in or for an eligible dwelling.\n- (a) buying an energy upgrade measure; and\n- (b) having the energy upgrade measure installed in or for an eligible dwelling.","sortOrder":1142},{"sectionNumber":"sch.66-sec.7","sectionType":"section","heading":"Amount of assistance","content":"### sch.66-sec.7 Amount of assistance\n\nThe amount of the rebate payable under the scheme for the purchase and installation of energy upgrade measures in or for an eligible dwelling is the total of—\nthe lesser of the following amounts—\n$4,500;\nsubject to subsections (2) to (4) , the total amount of the costs incurred by the registered provider for the purchase and installation of all energy upgrade measures for the dwelling; and\nthe amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) (i) or (ii) .\nFor subsection (1) (a) (ii) , the costs for the installation of an energy upgrade measure that is eligible ceiling insulation includes the costs the authority considers reasonable associated with—\narranging for the inspection and testing of the electrical installation mentioned in section 21 (2) (a) ; and\nobtaining the certificate for the inspection and testing mentioned in section 21 (2) (b) ; and\nif relevant, obtaining the safe work method statement mentioned in section 21 (4) .\nSubsection (4) applies for working out the total amount mentioned in subsection (1) (a) (ii) if an energy upgrade measure is an energy-efficient hot water system installed to service—\n2 or more eligible dwellings that are class 1a buildings on the same lot; or\na house and a granny flat\n2 or more eligible dwellings in or for a class 2 building.\nThe amount incurred by the registered provider for the purchase and installation of the energy-efficient hot water system for each eligible dwelling is taken to be the amount worked out using the formula—\nwhere—\nA means the amount the registered provider is taken to have incurred for the purchase and installation of the hot water system for the dwelling.\nB means the amount the registered provider paid for the purchase and installation of the hot water system.\nC means the number of eligible dwellings to be serviced by the hot water system.\n(sch.66-sec.7-ssec.1) The amount of the rebate payable under the scheme for the purchase and installation of energy upgrade measures in or for an eligible dwelling is the total of— the lesser of the following amounts— $4,500; subject to subsections (2) to (4) , the total amount of the costs incurred by the registered provider for the purchase and installation of all energy upgrade measures for the dwelling; and the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) (i) or (ii) .\n(sch.66-sec.7-ssec.2) For subsection (1) (a) (ii) , the costs for the installation of an energy upgrade measure that is eligible ceiling insulation includes the costs the authority considers reasonable associated with— arranging for the inspection and testing of the electrical installation mentioned in section 21 (2) (a) ; and obtaining the certificate for the inspection and testing mentioned in section 21 (2) (b) ; and if relevant, obtaining the safe work method statement mentioned in section 21 (4) .\n(sch.66-sec.7-ssec.3) Subsection (4) applies for working out the total amount mentioned in subsection (1) (a) (ii) if an energy upgrade measure is an energy-efficient hot water system installed to service— 2 or more eligible dwellings that are class 1a buildings on the same lot; or a house and a granny flat 2 or more eligible dwellings in or for a class 2 building.\n(sch.66-sec.7-ssec.4) The amount incurred by the registered provider for the purchase and installation of the energy-efficient hot water system for each eligible dwelling is taken to be the amount worked out using the formula— where— A means the amount the registered provider is taken to have incurred for the purchase and installation of the hot water system for the dwelling. B means the amount the registered provider paid for the purchase and installation of the hot water system. C means the number of eligible dwellings to be serviced by the hot water system.\n- (a) the lesser of the following amounts— (i) $4,500; (ii) subject to subsections (2) to (4) , the total amount of the costs incurred by the registered provider for the purchase and installation of all energy upgrade measures for the dwelling; and\n- (i) $4,500;\n- (ii) subject to subsections (2) to (4) , the total amount of the costs incurred by the registered provider for the purchase and installation of all energy upgrade measures for the dwelling; and\n- (b) the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) (i) or (ii) .\n- (i) $4,500;\n- (ii) subject to subsections (2) to (4) , the total amount of the costs incurred by the registered provider for the purchase and installation of all energy upgrade measures for the dwelling; and\n- (a) arranging for the inspection and testing of the electrical installation mentioned in section 21 (2) (a) ; and\n- (b) obtaining the certificate for the inspection and testing mentioned in section 21 (2) (b) ; and\n- (c) if relevant, obtaining the safe work method statement mentioned in section 21 (4) .\n- (a) 2 or more eligible dwellings that are class 1a buildings on the same lot; or Example for paragraph (a) — a house and a granny flat\n- (b) 2 or more eligible dwellings in or for a class 2 building.","sortOrder":1143},{"sectionNumber":"sch.66-pt.2-div.2","sectionType":"division","heading":"Operational period","content":"## Operational period","sortOrder":1144},{"sectionNumber":"sch.66-sec.8","sectionType":"section","heading":"Operational period of scheme","content":"### sch.66-sec.8 Operational period of scheme\n\nThe scheme—\nopens on the day decided by the housing chief executive and stated on the housing department’s website as the day the scheme opens; and\ncloses on the earlier of the following days—\nthe day decided by the housing chief executive and stated on the housing department’s website as the day the scheme closes;\nthe day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.\nIn this section—\nhousing chief executive means the chief executive of the housing department.\nhousing department means the department in which the Housing Act 2003 is administered.\n(sch.66-sec.8-ssec.1) The scheme— opens on the day decided by the housing chief executive and stated on the housing department’s website as the day the scheme opens; and closes on the earlier of the following days— the day decided by the housing chief executive and stated on the housing department’s website as the day the scheme closes; the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.\n(sch.66-sec.8-ssec.2) In this section— housing chief executive means the chief executive of the housing department. housing department means the department in which the Housing Act 2003 is administered.\n- (a) opens on the day decided by the housing chief executive and stated on the housing department’s website as the day the scheme opens; and\n- (b) closes on the earlier of the following days— (i) the day decided by the housing chief executive and stated on the housing department’s website as the day the scheme closes; (ii) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.\n- (i) the day decided by the housing chief executive and stated on the housing department’s website as the day the scheme closes;\n- (ii) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.\n- (i) the day decided by the housing chief executive and stated on the housing department’s website as the day the scheme closes;\n- (ii) the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.","sortOrder":1145},{"sectionNumber":"sch.66-pt.3","sectionType":"part","heading":"Conditional approval for assistance","content":"# Conditional approval for assistance","sortOrder":1146},{"sectionNumber":"sch.66-pt.3-div.1","sectionType":"division","heading":"Applying for conditional approval","content":"## Applying for conditional approval","sortOrder":1147},{"sectionNumber":"sch.66-sec.9","sectionType":"section","heading":"Eligibility criteria for conditional approval","content":"### sch.66-sec.9 Eligibility criteria for conditional approval\n\nThis section provides for the eligibility of a registered provider for conditional approval for assistance under the scheme for the purchase and installation of an energy upgrade measure in or for an eligible dwelling.\nThe registered provider is eligible for conditional approval for the assistance if the provider—\nowns the eligible dwelling; and\nhas obtained a quote for the purchase and installation of the energy upgrade measure (the supporting quote )—\nbefore applying for the conditional approval; and\nwhile the scheme is open under section 8 ; and\nhas not bought the energy upgrade measure or had the measure installed.\nHowever, the registered provider is not eligible for conditional approval for assistance for the eligible dwelling if the provider or another person has previously received assistance under the scheme for the dwelling.\nFor subsection (3) , a person is taken not to have received an amount of assistance the person has repaid under section 17 .\nIn this section—\nquote —\nfor the purchase of an energy upgrade measure—includes a copy of a retailer’s listing about the purchase price of the measure; and\nfor the installation of an energy upgrade measure—includes a copy of a retailer’s listing about the purchase price and installation costs of the measure.\na listing published on a retailer’s website, a listing published in a retailer’s catalogue\n(sch.66-sec.9-ssec.1) This section provides for the eligibility of a registered provider for conditional approval for assistance under the scheme for the purchase and installation of an energy upgrade measure in or for an eligible dwelling.\n(sch.66-sec.9-ssec.2) The registered provider is eligible for conditional approval for the assistance if the provider— owns the eligible dwelling; and has obtained a quote for the purchase and installation of the energy upgrade measure (the supporting quote )— before applying for the conditional approval; and while the scheme is open under section 8 ; and has not bought the energy upgrade measure or had the measure installed.\n(sch.66-sec.9-ssec.3) However, the registered provider is not eligible for conditional approval for assistance for the eligible dwelling if the provider or another person has previously received assistance under the scheme for the dwelling.\n(sch.66-sec.9-ssec.4) For subsection (3) , a person is taken not to have received an amount of assistance the person has repaid under section 17 .\n(sch.66-sec.9-ssec.5) In this section— quote — for the purchase of an energy upgrade measure—includes a copy of a retailer’s listing about the purchase price of the measure; and for the installation of an energy upgrade measure—includes a copy of a retailer’s listing about the purchase price and installation costs of the measure. a listing published on a retailer’s website, a listing published in a retailer’s catalogue\n- (a) owns the eligible dwelling; and\n- (b) has obtained a quote for the purchase and installation of the energy upgrade measure (the supporting quote )— (i) before applying for the conditional approval; and (ii) while the scheme is open under section 8 ; and\n- (i) before applying for the conditional approval; and\n- (ii) while the scheme is open under section 8 ; and\n- (c) has not bought the energy upgrade measure or had the measure installed.\n- (i) before applying for the conditional approval; and\n- (ii) while the scheme is open under section 8 ; and\n- (a) for the purchase of an energy upgrade measure—includes a copy of a retailer’s listing about the purchase price of the measure; and\n- (b) for the installation of an energy upgrade measure—includes a copy of a retailer’s listing about the purchase price and installation costs of the measure.","sortOrder":1148},{"sectionNumber":"sch.66-sec.10","sectionType":"section","heading":"Application for conditional approval","content":"### sch.66-sec.10 Application for conditional approval\n\nA registered provider may apply for conditional approval for assistance for the purchase and installation of an energy upgrade measure in or for an eligible dwelling.\nThe application must—\nbe made in the approved form; and\nrelate to all energy upgrade measures, including at least 1 primary measure, sought for the eligible dwelling; and\nif the application relates to the purchase and installation of an energy-efficient hot water system servicing 2 or more eligible dwellings—relate to each of the dwellings; and\nbe accompanied by—\na copy of the supporting quote for each energy upgrade measure; and\nany other documents stated in the form.\n(sch.66-sec.10-ssec.1) A registered provider may apply for conditional approval for assistance for the purchase and installation of an energy upgrade measure in or for an eligible dwelling.\n(sch.66-sec.10-ssec.2) The application must— be made in the approved form; and relate to all energy upgrade measures, including at least 1 primary measure, sought for the eligible dwelling; and if the application relates to the purchase and installation of an energy-efficient hot water system servicing 2 or more eligible dwellings—relate to each of the dwellings; and be accompanied by— a copy of the supporting quote for each energy upgrade measure; and any other documents stated in the form.\n- (a) be made in the approved form; and\n- (b) relate to all energy upgrade measures, including at least 1 primary measure, sought for the eligible dwelling; and\n- (c) if the application relates to the purchase and installation of an energy-efficient hot water system servicing 2 or more eligible dwellings—relate to each of the dwellings; and\n- (d) be accompanied by— (i) a copy of the supporting quote for each energy upgrade measure; and (ii) any other documents stated in the form.\n- (i) a copy of the supporting quote for each energy upgrade measure; and\n- (ii) any other documents stated in the form.\n- (i) a copy of the supporting quote for each energy upgrade measure; and\n- (ii) any other documents stated in the form.","sortOrder":1149},{"sectionNumber":"sch.66-sec.11","sectionType":"section","heading":"Requesting further information for application for conditional approval","content":"### sch.66-sec.11 Requesting further information for application for conditional approval\n\nThe authority may ask an applicant to provide further information required to decide an application for conditional approval.\nIf the authority asks the applicant to provide further information—\nthe applicant must provide the information within—\n14 days after the request; or\na longer period allowed by the authority; and\nthe authority is required to consider the application only if the applicant complies with the request.\nIf the applicant does not comply with a request made by the authority under subsection (1) within the required period, the application is taken to be withdrawn.\n(sch.66-sec.11-ssec.1) The authority may ask an applicant to provide further information required to decide an application for conditional approval.\n(sch.66-sec.11-ssec.2) If the authority asks the applicant to provide further information— the applicant must provide the information within— 14 days after the request; or a longer period allowed by the authority; and the authority is required to consider the application only if the applicant complies with the request.\n(sch.66-sec.11-ssec.3) If the applicant does not comply with a request made by the authority under subsection (1) within the required period, the application is taken to be withdrawn.\n- (a) the applicant must provide the information within— (i) 14 days after the request; or (ii) a longer period allowed by the authority; and\n- (i) 14 days after the request; or\n- (ii) a longer period allowed by the authority; and\n- (b) the authority is required to consider the application only if the applicant complies with the request.\n- (i) 14 days after the request; or\n- (ii) a longer period allowed by the authority; and","sortOrder":1150},{"sectionNumber":"sch.66-sec.12","sectionType":"section","heading":"Deciding application for conditional approval","content":"### sch.66-sec.12 Deciding application for conditional approval\n\nThe authority must consider and decide applications for conditional approval for assistance in the order the applications are received by the authority.\nIf an application for conditional approval relates to 2 or more energy upgrade measures or eligible dwellings, subsections (3) to (5) apply to the extent the application relates to each of the measures or dwellings.\nThe authority must—\ndecide to approve, or refuse to approve, an application for conditional approval; and\ngive the applicant written notice of the decision.\nThe authority must refuse to approve an application for conditional approval for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.\nIf the authority approves an application for conditional approval for assistance, the authority must give the applicant conditional approval for the assistance.\nHowever, the authority may give an applicant conditional approval for the purchase and installation of a supplementary measure for an eligible dwelling only if the authority gives the applicant conditional approval for the purchase and installation of a primary measure for the dwelling.\nSubsections (1) and (3) apply subject to section 11 .\n(sch.66-sec.12-ssec.1) The authority must consider and decide applications for conditional approval for assistance in the order the applications are received by the authority.\n(sch.66-sec.12-ssec.2) If an application for conditional approval relates to 2 or more energy upgrade measures or eligible dwellings, subsections (3) to (5) apply to the extent the application relates to each of the measures or dwellings.\n(sch.66-sec.12-ssec.3) The authority must— decide to approve, or refuse to approve, an application for conditional approval; and give the applicant written notice of the decision.\n(sch.66-sec.12-ssec.4) The authority must refuse to approve an application for conditional approval for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.\n(sch.66-sec.12-ssec.5) If the authority approves an application for conditional approval for assistance, the authority must give the applicant conditional approval for the assistance.\n(sch.66-sec.12-ssec.6) However, the authority may give an applicant conditional approval for the purchase and installation of a supplementary measure for an eligible dwelling only if the authority gives the applicant conditional approval for the purchase and installation of a primary measure for the dwelling.\n(sch.66-sec.12-ssec.7) Subsections (1) and (3) apply subject to section 11 .\n- (a) decide to approve, or refuse to approve, an application for conditional approval; and\n- (b) give the applicant written notice of the decision.","sortOrder":1151},{"sectionNumber":"sch.66-pt.3-div.2","sectionType":"division","heading":"Payment and conditions of assistance under conditional approval","content":"## Payment and conditions of assistance under conditional approval","sortOrder":1152},{"sectionNumber":"sch.66-sec.13","sectionType":"section","heading":"Application of division","content":"### sch.66-sec.13 Application of division\n\nThis division applies if the authority gives a registered provider conditional approval for assistance for the purchase and installation of an energy upgrade measure in or for an eligible dwelling.","sortOrder":1153},{"sectionNumber":"sch.66-sec.14","sectionType":"section","heading":"Part payment of rebate under conditional approval","content":"### sch.66-sec.14 Part payment of rebate under conditional approval\n\nThe authority must make a part-payment of the assistance to the registered provider in an amount equal to the total of—\nthe lesser of the following amounts—\n$2,250;\nthe amount that is 50% of the total of the amounts stated in the supporting quotes for each energy upgrade measure given conditional approval for the eligible dwelling; and\nthe amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) (i) or (ii) .\nThe amount worked out under subsection (1) (a) (ii) must be rounded to the nearest dollar (rounding one-half upwards).\nThis section applies subject to subdivision 3 .\n(sch.66-sec.14-ssec.1) The authority must make a part-payment of the assistance to the registered provider in an amount equal to the total of— the lesser of the following amounts— $2,250; the amount that is 50% of the total of the amounts stated in the supporting quotes for each energy upgrade measure given conditional approval for the eligible dwelling; and the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) (i) or (ii) .\n(sch.66-sec.14-ssec.2) The amount worked out under subsection (1) (a) (ii) must be rounded to the nearest dollar (rounding one-half upwards).\n(sch.66-sec.14-ssec.3) This section applies subject to subdivision 3 .\n- (a) the lesser of the following amounts— (i) $2,250; (ii) the amount that is 50% of the total of the amounts stated in the supporting quotes for each energy upgrade measure given conditional approval for the eligible dwelling; and\n- (i) $2,250;\n- (ii) the amount that is 50% of the total of the amounts stated in the supporting quotes for each energy upgrade measure given conditional approval for the eligible dwelling; and\n- (b) the amount of any GST payable by the authority in relation to the assistance mentioned in paragraph (a) (i) or (ii) .\n- (i) $2,250;\n- (ii) the amount that is 50% of the total of the amounts stated in the supporting quotes for each energy upgrade measure given conditional approval for the eligible dwelling; and","sortOrder":1154},{"sectionNumber":"sch.66-sec.15","sectionType":"section","heading":"Conditions of conditional approval for assistance","content":"### sch.66-sec.15 Conditions of conditional approval for assistance\n\nThe conditional approval is subject to the conditions mentioned in sections 16 to 18 .","sortOrder":1155},{"sectionNumber":"sch.66-sec.16","sectionType":"section","heading":"Agreement for assistance","content":"### sch.66-sec.16 Agreement for assistance\n\nThe registered provider must—\nenter into a written agreement (the assistance agreement ) with the authority including—\nthe terms on which the part-payment of the assistance must be made; and\nthe terms on which the payment of the remainder of the assistance is to be made if final approval is given for the payment of the assistance; and\ncomply with the terms of the agreement.\n- (a) enter into a written agreement (the assistance agreement ) with the authority including— (i) the terms on which the part-payment of the assistance must be made; and (ii) the terms on which the payment of the remainder of the assistance is to be made if final approval is given for the payment of the assistance; and\n- (i) the terms on which the part-payment of the assistance must be made; and\n- (ii) the terms on which the payment of the remainder of the assistance is to be made if final approval is given for the payment of the assistance; and\n- (b) comply with the terms of the agreement.\n- (i) the terms on which the part-payment of the assistance must be made; and\n- (ii) the terms on which the payment of the remainder of the assistance is to be made if final approval is given for the payment of the assistance; and","sortOrder":1156},{"sectionNumber":"sch.66-sec.17","sectionType":"section","heading":"Repayment of assistance on conditional approval","content":"### sch.66-sec.17 Repayment of assistance on conditional approval\n\nThe registered provider must repay the amount of the part-payment of the assistance to the authority if—\nthe provider does not apply for final approval for assistance for the purchase and installation of at least 1 primary measure for the eligible dwelling by the day required under section 23 (2) ; or\nthe provider’s application for final approval for assistance for the eligible dwelling is taken to have been withdrawn under section 24 (3) ; or\nthe authority does not give final approval for assistance for at least 1 primary measure for the eligible dwelling, other than because the authority’s assistance funds are insufficient to pay the assistance; or\nthe provider does not comply with the terms of the assistance agreement.\n- (a) the provider does not apply for final approval for assistance for the purchase and installation of at least 1 primary measure for the eligible dwelling by the day required under section 23 (2) ; or\n- (b) the provider’s application for final approval for assistance for the eligible dwelling is taken to have been withdrawn under section 24 (3) ; or\n- (c) the authority does not give final approval for assistance for at least 1 primary measure for the eligible dwelling, other than because the authority’s assistance funds are insufficient to pay the assistance; or\n- (d) the provider does not comply with the terms of the assistance agreement.","sortOrder":1157},{"sectionNumber":"sch.66-sec.18","sectionType":"section","heading":"Information sharing for permitted purpose","content":"### sch.66-sec.18 Information sharing for permitted purpose\n\nThis section applies in relation to information, other than personal information, included in, or accompanying, the registered provider’s application for the conditional approval.\nThe registered provider must consent to—\nthe authority sharing the information with the chief executive of a relevant department for the purpose (the permitted purpose ) of evaluating the operation of the scheme and the implementation of the social housing energy performance initiative, including, for example, by modelling energy savings and emission reductions; and\nthe chief executive of a relevant department sharing the information with the chief executive of another relevant department for the permitted purpose.\nIn this section—\npersonal information see the Information Privacy Act 2009 , section 12 .\nrelevant department means any of the following departments—\nthe department in which the Housing Act 2003 is administered;\nthe department in which the Electricity Act 1994 is administered;\nthe Commonwealth department in which the Clean Energy Regulator Act 2011 (Cwlth) is administered.\nsocial housing energy performance initiative means the energy program of that name initiated by the Commonwealth.\n(sch.66-sec.18-ssec.1) This section applies in relation to information, other than personal information, included in, or accompanying, the registered provider’s application for the conditional approval.\n(sch.66-sec.18-ssec.2) The registered provider must consent to— the authority sharing the information with the chief executive of a relevant department for the purpose (the permitted purpose ) of evaluating the operation of the scheme and the implementation of the social housing energy performance initiative, including, for example, by modelling energy savings and emission reductions; and the chief executive of a relevant department sharing the information with the chief executive of another relevant department for the permitted purpose.\n(sch.66-sec.18-ssec.3) In this section— personal information see the Information Privacy Act 2009 , section 12 . relevant department means any of the following departments— the department in which the Housing Act 2003 is administered; the department in which the Electricity Act 1994 is administered; the Commonwealth department in which the Clean Energy Regulator Act 2011 (Cwlth) is administered. social housing energy performance initiative means the energy program of that name initiated by the Commonwealth.\n- (a) the authority sharing the information with the chief executive of a relevant department for the purpose (the permitted purpose ) of evaluating the operation of the scheme and the implementation of the social housing energy performance initiative, including, for example, by modelling energy savings and emission reductions; and\n- (b) the chief executive of a relevant department sharing the information with the chief executive of another relevant department for the permitted purpose.\n- (a) the department in which the Housing Act 2003 is administered;\n- (b) the department in which the Electricity Act 1994 is administered;\n- (c) the Commonwealth department in which the Clean Energy Regulator Act 2011 (Cwlth) is administered.","sortOrder":1158},{"sectionNumber":"sch.66-pt.4","sectionType":"part","heading":"Final approval","content":"# Final approval","sortOrder":1159},{"sectionNumber":"sch.66-pt.4-div.1","sectionType":"division","heading":"Applying for final approval","content":"## Applying for final approval","sortOrder":1160},{"sectionNumber":"sch.66-sec.19","sectionType":"section","heading":"Eligibility criteria for final approval for assistance—general","content":"### sch.66-sec.19 Eligibility criteria for final approval for assistance—general\n\nThis section provides for the eligibility of a registered provider for final approval for assistance under the scheme for the purchase and installation of an energy upgrade measure in or for an eligible dwelling.\nThe registered provider is eligible for final approval for the assistance if the provider—\nstill owns the eligible dwelling; and\nhas received conditional approval for the assistance; and\nhas bought the energy upgrade measure; and\nensures the energy upgrade measure has been installed in or for the eligible dwelling; and\nfor the installation of an energy upgrade measure mentioned in any of sections 20 to 22 —has complied with the section; and\nhas complied with the terms of the assistance agreement; and\napplies for the final approval under this division.\nHowever, the registered provider is not eligible for final approval for assistance for the eligible dwelling if the provider or another person has previously received final approval for assistance under the scheme for the dwelling.\n(sch.66-sec.19-ssec.1) This section provides for the eligibility of a registered provider for final approval for assistance under the scheme for the purchase and installation of an energy upgrade measure in or for an eligible dwelling.\n(sch.66-sec.19-ssec.2) The registered provider is eligible for final approval for the assistance if the provider— still owns the eligible dwelling; and has received conditional approval for the assistance; and has bought the energy upgrade measure; and ensures the energy upgrade measure has been installed in or for the eligible dwelling; and for the installation of an energy upgrade measure mentioned in any of sections 20 to 22 —has complied with the section; and has complied with the terms of the assistance agreement; and applies for the final approval under this division.\n(sch.66-sec.19-ssec.3) However, the registered provider is not eligible for final approval for assistance for the eligible dwelling if the provider or another person has previously received final approval for assistance under the scheme for the dwelling.\n- (a) still owns the eligible dwelling; and\n- (b) has received conditional approval for the assistance; and\n- (c) has bought the energy upgrade measure; and\n- (d) ensures the energy upgrade measure has been installed in or for the eligible dwelling; and\n- (e) for the installation of an energy upgrade measure mentioned in any of sections 20 to 22 —has complied with the section; and\n- (f) has complied with the terms of the assistance agreement; and\n- (g) applies for the final approval under this division.","sortOrder":1161},{"sectionNumber":"sch.66-sec.20","sectionType":"section","heading":"Additional requirement for installation of measure requiring particular licence","content":"### sch.66-sec.20 Additional requirement for installation of measure requiring particular licence\n\nThis section applies in relation to the installation of an energy upgrade measure requiring—\nan electrical work licence under the Electrical Safety Act 2002 ; or\na licence under the Plumbing and Drainage Act 2018 ; or\na licence under the Queensland Building and Construction Commission Act 1991 .\nThe registered provider must ensure the energy upgrade measure is installed by a holder of the licence under the relevant Act mentioned in subsection (1) .\n(sch.66-sec.20-ssec.1) This section applies in relation to the installation of an energy upgrade measure requiring— an electrical work licence under the Electrical Safety Act 2002 ; or a licence under the Plumbing and Drainage Act 2018 ; or a licence under the Queensland Building and Construction Commission Act 1991 .\n(sch.66-sec.20-ssec.2) The registered provider must ensure the energy upgrade measure is installed by a holder of the licence under the relevant Act mentioned in subsection (1) .\n- (a) an electrical work licence under the Electrical Safety Act 2002 ; or\n- (b) a licence under the Plumbing and Drainage Act 2018 ; or\n- (c) a licence under the Queensland Building and Construction Commission Act 1991 .","sortOrder":1162},{"sectionNumber":"sch.66-sec.21","sectionType":"section","heading":"Additional requirements for installation of eligible ceiling insulation","content":"### sch.66-sec.21 Additional requirements for installation of eligible ceiling insulation\n\nThis section applies in relation to the installation of an energy upgrade measure that is eligible ceiling insulation.\nThe registered provider must—\narrange for a licensed electrical contractor to inspect and test the existing electrical installation in the ceiling structure of the eligible dwelling within 30 days before the eligible ceiling insulation is installed; and\nobtain a certificate from the contractor stating the contractor—\nhas carried out the inspection and testing; and\nis satisfied the existing electrical installation is electrically safe.\nThe registered provider must ensure the eligible ceiling insulation is installed by a person who holds a certification as an insulation installer issued by Energy Efficiency Council Inc. ABN 63 136 469 291.\nIf the installation involves high risk construction work, the registered provider must obtain a copy of the safe work method statement for the work prepared under the Work Health and Safety Regulation 2011 , section 299 (1) .\nIn this section—\nlicensed electrical contractor see the Electrical Safety Act 2002 , schedule 2 .\n(sch.66-sec.21-ssec.1) This section applies in relation to the installation of an energy upgrade measure that is eligible ceiling insulation.\n(sch.66-sec.21-ssec.2) The registered provider must— arrange for a licensed electrical contractor to inspect and test the existing electrical installation in the ceiling structure of the eligible dwelling within 30 days before the eligible ceiling insulation is installed; and obtain a certificate from the contractor stating the contractor— has carried out the inspection and testing; and is satisfied the existing electrical installation is electrically safe.\n(sch.66-sec.21-ssec.3) The registered provider must ensure the eligible ceiling insulation is installed by a person who holds a certification as an insulation installer issued by Energy Efficiency Council Inc. ABN 63 136 469 291.\n(sch.66-sec.21-ssec.4) If the installation involves high risk construction work, the registered provider must obtain a copy of the safe work method statement for the work prepared under the Work Health and Safety Regulation 2011 , section 299 (1) .\n(sch.66-sec.21-ssec.5) In this section— licensed electrical contractor see the Electrical Safety Act 2002 , schedule 2 .\n- (a) arrange for a licensed electrical contractor to inspect and test the existing electrical installation in the ceiling structure of the eligible dwelling within 30 days before the eligible ceiling insulation is installed; and\n- (b) obtain a certificate from the contractor stating the contractor— (i) has carried out the inspection and testing; and (ii) is satisfied the existing electrical installation is electrically safe.\n- (i) has carried out the inspection and testing; and\n- (ii) is satisfied the existing electrical installation is electrically safe.\n- (i) has carried out the inspection and testing; and\n- (ii) is satisfied the existing electrical installation is electrically safe.","sortOrder":1163},{"sectionNumber":"sch.66-sec.22","sectionType":"section","heading":"Additional requirement for installation of eligible solar PV system","content":"### sch.66-sec.22 Additional requirement for installation of eligible solar PV system\n\nThis section applies in relation to the installation of an energy upgrade measure that is an eligible solar PV system.\nThe registered provider must ensure the eligible solar PV system is installed by an accredited solar PV installer.\nIn this section—\naccredited solar PV installer means a person who holds accreditation from Solar Accreditation Australia Limited ACN 666 008 368 for—\ngrid connected photovoltaic systems installation; or\ngrid connected photovoltaic systems design and installation.\n(sch.66-sec.22-ssec.1) This section applies in relation to the installation of an energy upgrade measure that is an eligible solar PV system.\n(sch.66-sec.22-ssec.2) The registered provider must ensure the eligible solar PV system is installed by an accredited solar PV installer.\n(sch.66-sec.22-ssec.3) In this section— accredited solar PV installer means a person who holds accreditation from Solar Accreditation Australia Limited ACN 666 008 368 for— grid connected photovoltaic systems installation; or grid connected photovoltaic systems design and installation.\n- (a) grid connected photovoltaic systems installation; or\n- (b) grid connected photovoltaic systems design and installation.","sortOrder":1164},{"sectionNumber":"sch.66-sec.23","sectionType":"section","heading":"Application for final approval","content":"### sch.66-sec.23 Application for final approval\n\nThis section applies to a registered provider who has received conditional approval for assistance under the scheme for the purchase and installation of an energy upgrade measure in or for an eligible dwelling.\nThe registered provider must apply for final approval for assistance for an energy upgrade measure for the eligible dwelling before—\nthe day (the initial due day ) that is 6 months after the day the provider received written notice of the conditional approval under section 12 (3) (the conditional approval day ); or\nif the authority considers it is not reasonably practicable for the provider to have applied for final approval before the initial due day—a later day, within 8 months after the conditional approval day, decided by the authority and notified in writing to the provider.\nThe application must—\nbe made in the approved form; and\nrelate to all energy upgrade measures, including at least 1 primary measure, for which final approval is sought for the eligible dwelling; and\nif the application relates to the purchase and installation of an energy-efficient hot water system servicing 2 or more eligible dwellings—relate to each of the dwellings.\nThe application must be accompanied by—\nif the application relates to installation of an energy upgrade measure mentioned in any of sections 20 to 22 —evidence, to the satisfaction of the authority, that the measure has been installed in compliance with the section; and\nwithout limiting paragraph (a) , for the installation of an energy upgrade measure that is eligible ceiling insulation—\na copy of the certificate mentioned in section 21 (2) (b) ; and\nif the installation involves high risk construction work—a copy of the safe work method statement for the work; and\na copy of each tax invoice for the purchase and installation of each energy upgrade measure; and\nfor the installation of an energy upgrade measure that is eligible ceiling insulation—a copy of each tax invoice for the costs associated with—\narranging for the inspection and testing of the electrical installation mentioned in section 21 (2) (a) ; and\nobtaining the certificate for the inspection and testing mentioned in section 21 (2) (b) ; and\nif relevant, obtaining the safe work method statement mentioned in section 21 (4) ; and\nevidence, to the satisfaction of the authority, that the applicant has paid each tax invoice; and\nany other documents stated in the form.\nSubsection (4) (d) does not prevent the costs mentioned in subsection (4) (d) being included in a tax invoice mentioned in subsection (4) (c) .\n(sch.66-sec.23-ssec.1) This section applies to a registered provider who has received conditional approval for assistance under the scheme for the purchase and installation of an energy upgrade measure in or for an eligible dwelling.\n(sch.66-sec.23-ssec.2) The registered provider must apply for final approval for assistance for an energy upgrade measure for the eligible dwelling before— the day (the initial due day ) that is 6 months after the day the provider received written notice of the conditional approval under section 12 (3) (the conditional approval day ); or if the authority considers it is not reasonably practicable for the provider to have applied for final approval before the initial due day—a later day, within 8 months after the conditional approval day, decided by the authority and notified in writing to the provider.\n(sch.66-sec.23-ssec.3) The application must— be made in the approved form; and relate to all energy upgrade measures, including at least 1 primary measure, for which final approval is sought for the eligible dwelling; and if the application relates to the purchase and installation of an energy-efficient hot water system servicing 2 or more eligible dwellings—relate to each of the dwellings.\n(sch.66-sec.23-ssec.4) The application must be accompanied by— if the application relates to installation of an energy upgrade measure mentioned in any of sections 20 to 22 —evidence, to the satisfaction of the authority, that the measure has been installed in compliance with the section; and without limiting paragraph (a) , for the installation of an energy upgrade measure that is eligible ceiling insulation— a copy of the certificate mentioned in section 21 (2) (b) ; and if the installation involves high risk construction work—a copy of the safe work method statement for the work; and a copy of each tax invoice for the purchase and installation of each energy upgrade measure; and for the installation of an energy upgrade measure that is eligible ceiling insulation—a copy of each tax invoice for the costs associated with— arranging for the inspection and testing of the electrical installation mentioned in section 21 (2) (a) ; and obtaining the certificate for the inspection and testing mentioned in section 21 (2) (b) ; and if relevant, obtaining the safe work method statement mentioned in section 21 (4) ; and evidence, to the satisfaction of the authority, that the applicant has paid each tax invoice; and any other documents stated in the form.\n(sch.66-sec.23-ssec.5) Subsection (4) (d) does not prevent the costs mentioned in subsection (4) (d) being included in a tax invoice mentioned in subsection (4) (c) .\n- (a) the day (the initial due day ) that is 6 months after the day the provider received written notice of the conditional approval under section 12 (3) (the conditional approval day ); or\n- (b) if the authority considers it is not reasonably practicable for the provider to have applied for final approval before the initial due day—a later day, within 8 months after the conditional approval day, decided by the authority and notified in writing to the provider.\n- (a) be made in the approved form; and\n- (b) relate to all energy upgrade measures, including at least 1 primary measure, for which final approval is sought for the eligible dwelling; and\n- (c) if the application relates to the purchase and installation of an energy-efficient hot water system servicing 2 or more eligible dwellings—relate to each of the dwellings.\n- (a) if the application relates to installation of an energy upgrade measure mentioned in any of sections 20 to 22 —evidence, to the satisfaction of the authority, that the measure has been installed in compliance with the section; and\n- (b) without limiting paragraph (a) , for the installation of an energy upgrade measure that is eligible ceiling insulation— (i) a copy of the certificate mentioned in section 21 (2) (b) ; and (ii) if the installation involves high risk construction work—a copy of the safe work method statement for the work; and\n- (i) a copy of the certificate mentioned in section 21 (2) (b) ; and\n- (ii) if the installation involves high risk construction work—a copy of the safe work method statement for the work; and\n- (c) a copy of each tax invoice for the purchase and installation of each energy upgrade measure; and\n- (d) for the installation of an energy upgrade measure that is eligible ceiling insulation—a copy of each tax invoice for the costs associated with— (i) arranging for the inspection and testing of the electrical installation mentioned in section 21 (2) (a) ; and (ii) obtaining the certificate for the inspection and testing mentioned in section 21 (2) (b) ; and (iii) if relevant, obtaining the safe work method statement mentioned in section 21 (4) ; and\n- (i) arranging for the inspection and testing of the electrical installation mentioned in section 21 (2) (a) ; and\n- (ii) obtaining the certificate for the inspection and testing mentioned in section 21 (2) (b) ; and\n- (iii) if relevant, obtaining the safe work method statement mentioned in section 21 (4) ; and\n- (e) evidence, to the satisfaction of the authority, that the applicant has paid each tax invoice; and\n- (f) any other documents stated in the form.\n- (i) a copy of the certificate mentioned in section 21 (2) (b) ; and\n- (ii) if the installation involves high risk construction work—a copy of the safe work method statement for the work; and\n- (i) arranging for the inspection and testing of the electrical installation mentioned in section 21 (2) (a) ; and\n- (ii) obtaining the certificate for the inspection and testing mentioned in section 21 (2) (b) ; and\n- (iii) if relevant, obtaining the safe work method statement mentioned in section 21 (4) ; and","sortOrder":1165},{"sectionNumber":"sch.66-sec.24","sectionType":"section","heading":"Requesting further information for application for final approval","content":"### sch.66-sec.24 Requesting further information for application for final approval\n\nThe authority may ask an applicant to provide further information required to decide an application for final approval.\nIf the authority asks the applicant to provide further information—\nthe applicant must provide the information within—\n14 days after the request; or\na longer period allowed by the authority; and\nthe authority is required to consider the application only if the applicant complies with the request.\nIf the applicant does not comply with a request made by the authority under subsection (1) within the required period, the application is taken to be withdrawn.\n(sch.66-sec.24-ssec.1) The authority may ask an applicant to provide further information required to decide an application for final approval.\n(sch.66-sec.24-ssec.2) If the authority asks the applicant to provide further information— the applicant must provide the information within— 14 days after the request; or a longer period allowed by the authority; and the authority is required to consider the application only if the applicant complies with the request.\n(sch.66-sec.24-ssec.3) If the applicant does not comply with a request made by the authority under subsection (1) within the required period, the application is taken to be withdrawn.\n- (a) the applicant must provide the information within— (i) 14 days after the request; or (ii) a longer period allowed by the authority; and\n- (i) 14 days after the request; or\n- (ii) a longer period allowed by the authority; and\n- (b) the authority is required to consider the application only if the applicant complies with the request.\n- (i) 14 days after the request; or\n- (ii) a longer period allowed by the authority; and","sortOrder":1166},{"sectionNumber":"sch.66-sec.25","sectionType":"section","heading":"Deciding application for final approval","content":"### sch.66-sec.25 Deciding application for final approval\n\nThe authority must consider and decide applications for final approval for assistance in the order they are received by the authority.\nIf an application for final approval relates to 2 or more energy upgrade measures or eligible dwellings, subsections (3) to (5) apply to the extent the application relates to each of the measures or dwellings.\nThe authority must—\ndecide to approve, or refuse to approve, an application for final approval for assistance; and\ngive the applicant written notice of the decision.\nThe authority must refuse to approve an application for final approval for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.\nIf the authority approves an application for final approval for assistance, the authority must give the applicant final approval for the assistance.\nHowever, the authority may give an applicant final approval for the purchase and installation of a supplementary measure for an eligible dwelling only if the authority gives the applicant final approval for the purchase and installation of a primary measure for the dwelling.\nSubsections (1) and (3) apply subject to section 24 .\n(sch.66-sec.25-ssec.1) The authority must consider and decide applications for final approval for assistance in the order they are received by the authority.\n(sch.66-sec.25-ssec.2) If an application for final approval relates to 2 or more energy upgrade measures or eligible dwellings, subsections (3) to (5) apply to the extent the application relates to each of the measures or dwellings.\n(sch.66-sec.25-ssec.3) The authority must— decide to approve, or refuse to approve, an application for final approval for assistance; and give the applicant written notice of the decision.\n(sch.66-sec.25-ssec.4) The authority must refuse to approve an application for final approval for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.\n(sch.66-sec.25-ssec.5) If the authority approves an application for final approval for assistance, the authority must give the applicant final approval for the assistance.\n(sch.66-sec.25-ssec.6) However, the authority may give an applicant final approval for the purchase and installation of a supplementary measure for an eligible dwelling only if the authority gives the applicant final approval for the purchase and installation of a primary measure for the dwelling.\n(sch.66-sec.25-ssec.7) Subsections (1) and (3) apply subject to section 24 .\n- (a) decide to approve, or refuse to approve, an application for final approval for assistance; and\n- (b) give the applicant written notice of the decision.","sortOrder":1167},{"sectionNumber":"sch.66-pt.4-div.2","sectionType":"division","heading":"Payment and conditions of assistance under final approval","content":"## Payment and conditions of assistance under final approval","sortOrder":1168},{"sectionNumber":"sch.66-sec.26","sectionType":"section","heading":"Application of division","content":"### sch.66-sec.26 Application of division\n\nThis division applies if the authority gives a registered provider final approval for assistance for the purchase and installation of an energy upgrade measure in or for an eligible dwelling.","sortOrder":1169},{"sectionNumber":"sch.66-sec.27","sectionType":"section","heading":"Calculation and payment of remainder of rebate under final approval","content":"### sch.66-sec.27 Calculation and payment of remainder of rebate under final approval\n\nThe authority must, under section 7 , work out the total amount of the rebate for the costs of the purchase and installation of the energy upgrade measures given final approval for the eligible dwelling.\nSubsection (3) applies if the authority is satisfied the total amount of the rebate is more than the total amount of the part-payment under section 14 for the energy upgrade measures given conditional approval for the eligible dwelling.\nThe authority must pay the registered provider the difference between the amounts.\nThis section applies subject to section 28 .\n(sch.66-sec.27-ssec.1) The authority must, under section 7 , work out the total amount of the rebate for the costs of the purchase and installation of the energy upgrade measures given final approval for the eligible dwelling.\n(sch.66-sec.27-ssec.2) Subsection (3) applies if the authority is satisfied the total amount of the rebate is more than the total amount of the part-payment under section 14 for the energy upgrade measures given conditional approval for the eligible dwelling.\n(sch.66-sec.27-ssec.3) The authority must pay the registered provider the difference between the amounts.\n(sch.66-sec.27-ssec.4) This section applies subject to section 28 .","sortOrder":1170},{"sectionNumber":"sch.66-sec.28","sectionType":"section","heading":"Conditions of final approval for assistance","content":"### sch.66-sec.28 Conditions of final approval for assistance\n\nThe final approval is subject to the conditions under subsections (2) to (4) .\nSubsection (3) applies if the authority is satisfied the total amount of the rebate for the costs of the purchase and installation of the energy upgrade measures given final approval for the eligible dwelling is less than the total amount of the part-payment under section 14 for the measures given conditional approval for the dwelling.\nThe registered provider must pay the authority the difference between the amounts.\nThe condition for information sharing mentioned in section 18 applies in relation to the final approval as if the reference in that section to the registered provider’s application for the conditional approval were a reference to the provider’s application for the final approval.\n(sch.66-sec.28-ssec.1) The final approval is subject to the conditions under subsections (2) to (4) .\n(sch.66-sec.28-ssec.2) Subsection (3) applies if the authority is satisfied the total amount of the rebate for the costs of the purchase and installation of the energy upgrade measures given final approval for the eligible dwelling is less than the total amount of the part-payment under section 14 for the measures given conditional approval for the dwelling.\n(sch.66-sec.28-ssec.3) The registered provider must pay the authority the difference between the amounts.\n(sch.66-sec.28-ssec.4) The condition for information sharing mentioned in section 18 applies in relation to the final approval as if the reference in that section to the registered provider’s application for the conditional approval were a reference to the provider’s application for the final approval.","sortOrder":1171}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 2011 regulation was designed to replace the 2000 regulation and primarily focus on rural and regional adjustment assistance — particularly concessional loans for primary producers and disaster assistance for rural communities. Over time, through more than 60 amendments, its scope has expanded significantly to cover COVID-19 business support grants, marine tourism operators, zero-emission vehicle rebates, wheelchair accessible taxi grants, resilient homes funding, tourism and hospitality hardship grants, and most recently (2025) a general home ownership assistance scheme (Boost to Buy) administered in partnership with Queensland Treasury Corporation. This last addition in particular represents a notable expansion beyond the regulation's original rural and regional focus."},"complexity_factors":["Extremely large number of distinct assistance schemes (40+ schedules), each with their own eligibility rules, loan limits, and conditions","Multiple layers of transitional provisions (21 separate divisions) covering different time periods and different amendment regulations, each requiring careful cross-referencing","Extensive cross-referencing between the main regulation, individual schedules, the parent Act, and other Queensland legislation (e.g. Queensland Treasury Corporation Act, Queensland Reconstruction Authority Act, Acts Interpretation Act 1954)","Complex interest rate provisions including fixed/variable options, Queensland Treasury Corporation base lending rates, ministerial margin approvals, and discretionary annual reviews","Retrospective and validation provisions (e.g. sec.22, sec.33) that deem past actions to have legal effect, which is legally nuanced","The regulation has been amended over 60 times since 2011, creating a heavily layered document where the current law can only be understood by tracking all amendments","Different eligibility criteria apply depending on which scheme, which program within a scheme, and which version of the scheme was in force at the time of application","The 2025 addition of the Boost to Buy Scheme introduces an agency relationship with QTC and a service level agreement, adding a new legal layer distinct from the rest of the regulation","Detailed financial thresholds and ratios (e.g. 50% equity requirements, loan caps at $2M/$1.3M) that interact with individual applicant circumstances"],"plain_english_summary":"## What is this law?\n\nThis is a Queensland government regulation that sets up and manages a wide range of financial assistance schemes administered by the **Rural and Regional Adjustment Authority** (a Queensland government body that provides loans and grants to people in rural and regional areas).\n\n## Who does it affect?\n\nThis law can directly affect you if you are:\n- A **farmer or primary producer** (someone who makes their living from agriculture, fishing, forestry, horticulture, etc.) in Queensland\n- A **small business owner** in a rural or regional area\n- Someone affected by a **natural disaster** (cyclone, flood, etc.) in Queensland\n- A person wanting to **buy their first farm** or primary production enterprise\n- A business in the **tourism or hospitality** sector\n- Someone who owns or operates a **wheelchair accessible taxi**\n- A person who bought a **zero-emission vehicle** and applied for a rebate\n- Someone who had their home damaged and applied for the **Resilient Homes** scheme\n- A **marine tourism** operator affected by COVID-19 travel restrictions\n- A first-home buyer potentially helped through the **Queensland Boost to Buy Scheme** (added in 2025)\n\n## What does it actually do?\n\nThe regulation does several key things:\n\n**1. Sets up assistance schemes** — It formally approves dozens of programs (listed in attached schedules) that give out concessional loans (loans at below-market interest rates) and grants to eligible people.\n\n**2. Primary Industry Productivity Enhancement Scheme (Schedule 1)** — In detail, it sets out:\n- A **'First Start' program**: Concessional loans (up to $2 million) to help new farmers buy or establish their first farming enterprise. You need to have lived in Queensland for at least 6 months, show financial need, and have a business plan.\n- A **'Sustainability' program**: Concessional loans (up to $1.3 million) for existing farmers to improve the environmental and economic sustainability of their operations. You need at least 2 years in business and must show you can repay the loan.\n- Interest rates can be fixed (1, 3 or 5 years) or variable, based on Queensland Treasury Corporation rates plus a margin. The authority can review your financial situation annually and may increase your rate.\n\n**3. Disaster assistance** — It approves schemes providing loans and grants to primary producers, small businesses, non-profit organisations, and others affected by eligible natural disasters.\n\n**4. Other specific schemes** — Including support for COVID-19 affected businesses, marine tourism operators, rural economic development grants, drought assistance, wheelchair accessible taxi operators, zero-emission vehicle rebates, resilient home upgrades, and a 'Work in Paradise' incentive.\n\n**5. Boost to Buy Scheme (2025 addition)** — The authority is given a new function: to help Queensland Treasury Corporation (QTC) administer a home ownership assistance initiative for Queenslanders.\n\n**6. Transitional provisions** — It carefully manages the changeover from the old 2000 regulation, protecting people who had already applied for or were receiving assistance under old schemes — making sure they aren't left in limbo.\n\n## Why does it matter?\n\nIf you are eligible, this regulation is the gateway to accessing government financial support — potentially millions of dollars in concessional loans or grants — that could help you start a farming business, recover from a disaster, adapt your business to COVID impacts, or improve your environmental practices. The schemes are not automatic — you must apply, meet strict eligibility criteria, and comply with ongoing conditions (like reporting back on how you used the funds)."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.2A (service level agreement definition)","severity":"high","reasoning":"Service level agreements between government entities are routinely varied and updated. By freezing the definition to the version published on commencement day and explicitly excluding any subsequent variation, the regulation creates a situation where the statutory obligation (to administer per the SLA) may diverge irreconcilably from the actual contractual arrangements between the parties. If QTC and the authority agree to vary their commercial arrangement, the authority is simultaneously contractually bound by the new terms but statutorily bound by the old ones.","confidence":0.82,"description":"The 'service level agreement' is defined as the agreement published on the authority's website 'on the day this section commences', but explicitly excludes any variation, novation, ratification or replacement of that agreement. This means the authority is legally required to administer the scheme according to a frozen snapshot of a document, even if that document is subsequently updated, corrected, or replaced by all parties to address errors or changed circumstances. The law therefore mandates administration under potentially obsolete or incorrect terms indefinitely."},{"type":"retroactive_impossibility","section":"sec.33 (retroactive ministerial reference substitution)","severity":"medium","reasoning":"While retrospective validation provisions are legally permissible in Australian administrative law, this provision goes further by retroactively substituting which Minister had authority. This creates uncertainty about whether ministerial decisions made by the 'wrong' minister in that period were valid, and whether any affected persons have rights of challenge or review of those decisions that were lawfully made at the time under the then-current text.","confidence":0.72,"description":"Section 33 retrospectively deems that provisions in multiple schedules referred to the Minister administering the Queensland Reconstruction Authority Act 2011 (instead of the Minister for Disaster Management) from 31 October 2023 until commencement. This purports to alter the legal meaning of provisions 'despite the provision as it was in force before the commencement', effectively rewriting history. Any decisions made under those provisions between 31 October 2023 and commencement that relied on the Minister responsible for administering the Disaster Management Act 2003 are retroactively invalidated or altered."},{"type":"self_contradicting","section":"sec.26 and sec.26A (schedule 15 transitional provisions)","severity":"high","reasoning":"Both sections have identical triggering conditions (application made but not decided before commencement) yet mandate the application of different versions of schedule 15. This creates a direct logical contradiction for any application that falls within both sections' scope. An administrator cannot simultaneously apply amended schedule 15 (part 2 changes) and pre-commencement schedule 15 (as if part 3 had not commenced) without potentially contradictory outcomes, and there is no tiebreaker or priority rule.","confidence":0.78,"description":"Both sec.26 and sec.26A apply to identical trigger circumstances: an application for assistance under schedule 15 made but not decided before commencement. Section 26 applies amended schedule 15 (part 2) to such applications, while sec.26A simultaneously requires that schedule 15 as in force immediately before commencement continues to apply to the same applications as if amendment regulation part 3 had not commenced. For applications falling in both sections, it is logically impossible to apply both the pre-commencement version and the amended version simultaneously."},{"type":"other","section":"sch.1-sec.14(2) (equity requirement example)","severity":"low","reasoning":"The example is not strictly contradictory but is logically inconsistent in that it invites the authority to reduce equity requirements for applicants relying on off-farm income, while the scheme simultaneously requires demonstration of enterprise viability and is directed at establishing primary production enterprises. It signals that applicants not primarily dependent on the enterprise can access concessional loans, potentially undermining the scheme's targeting rationale.","confidence":0.55,"description":"Section 14(2) provides an example of when the authority may vary the 50% equity requirement: 'An applicant has limited equity in the primary production enterprise but has a stable wage, salary or other off-farm income.' This example is internally inconsistent with the eligibility criteria in section 14(1)(b), which requires that the applicant must 'not own, or have disposed of, a viable primary production enterprise', and section 14(1)(h), which requires demonstrating 'sound prospects for commercial viability... and the capacity to service proposed debt from the enterprise and other forms of income.' The example normalises having off-farm income as a substitute for enterprise viability, which conflicts with the scheme's stated purpose in sec.12(1) of financing applicants 'in the first years of establishment'."},{"type":"circular_definition","section":"sch.1-sec.3 (definition of 'sustainability program' and 'first start program')","severity":"low","reasoning":"While the intention is clearly that part 2 contains general provisions shared by both programs, defining each program as including part 2 means that each program's definition encompasses shared provisions, which blurs the legal boundary between the two programs. This is most likely a drafting inelegance rather than a substantive flaw, but it could create interpretive difficulty.","confidence":0.5,"description":"Both the 'first start program' and the 'sustainability program' are defined as consisting of 'the part of the scheme set out in parts 2 and 3' and 'the part of the scheme set out in parts 2 and 4' respectively. Part 2 is thus simultaneously defined as part of both the first start program and the sustainability program. This is a circular or overlapping definitional structure that makes it unclear which provisions exclusively govern which program, and raises questions about whether eligibility criteria, interest rate provisions, and conditions in part 2 apply independently or cumulatively across both programs."},{"type":"self_contradicting","section":"sec.14(3) (contradict s.14(2) re: internal reference)","severity":"low","reasoning":"The example implies a category of applicant (with stable income and some enterprise equity) who would be permitted to receive assistance, but the eligibility criteria simultaneously bar applicants with viable enterprises. The interaction between these provisions is ambiguous and could lead to inconsistent decision-making.","confidence":0.48,"description":"Section 14(2) of Schedule 1 contains an example: 'An applicant has limited equity in the primary production enterprise but has a stable wage, salary or other off-farm income.' This example is provided to illustrate when the authority may vary the equity requirement under s.14(1)(f). However, s.14(1)(b) bars any applicant who owns or has disposed of 'a viable primary production enterprise.' An applicant with 'stable off-farm income' and 'limited equity' in a primary production enterprise might well own a viable enterprise in another form, creating a tension in the eligibility gateway."}],"contradictions":[{"severity":"high","section_a":"sec.26 (existing applications - amended schedule 15 applies)","section_b":"sec.26A (existing applications - pre-commencement schedule 15 continues to apply)","confidence":0.8,"description":"Both sections apply to the identical factual scenario (application under schedule 15 made but not decided before commencement). Section 26 directs that schedule 15 as amended by the amendment regulation (part 2) applies to such applications. Section 26A simultaneously directs that schedule 15 as in force immediately before commencement continues to apply to the same applications as if the amendment regulation (part 3) had not commenced. For undecided applications falling within both sections, administrators face a direct contradiction as to which version of schedule 15 governs their decision-making."},{"severity":"medium","section_a":"sec.20 (schedule 39 - amended version applies to existing applications)","section_b":"sec.23 (schedule 39 - different amended version applies to existing applications)","confidence":0.65,"description":"Both sections address undecided applications under schedule 39 and direct that schedule 39 as amended by different amendment regulations applies. Section 20 applies the amendments made by the 2022 Drought-related Assistance Schemes Amendment Regulation, while section 23 applies the amendments made by the 2022 Natural Disaster-related Assistance Schemes Amendment Regulation. Where both amendments affect the same provisions, an application caught by both transitional provisions would be subject to contradictory mandates as to which version of amended schedule 39 governs."},{"severity":"low","section_a":"sch.1-sec.12(2)(a) (first start program - assist applicant to acquire viable primary production enterprise)","section_b":"sch.1-sec.14(1)(b) (first start eligibility - must not own a viable primary production enterprise)","confidence":0.55,"description":"The purpose of the first start program (sec.12(2)(a)) includes assisting an applicant 'to acquire and operate a viable primary production enterprise.' However, the eligibility criterion in sec.14(1)(b) requires that the applicant must 'not own, or have disposed of, a viable primary production enterprise.' This creates a contradiction: the scheme's purpose contemplates assisting an applicant to acquire what they must not yet own (which is consistent), but sec.14(1)(b) also bars anyone who has previously 'disposed of' a viable enterprise, meaning a person who sold a viable enterprise cannot access assistance to re-enter the industry - which may conflict with the stated objective of facilitating primary production development."},{"severity":"medium","section_a":"sec.14(1) (schedule 1 - interest rate authority approval required)","section_b":"sch.1-sec.6(5)-(6) (authority may unilaterally increase interest rate without applicant request or approval)","confidence":0.68,"description":"Section 6(2) establishes that the initial interest rate is 'based on the type of interest rate requested by the applicant and approved by the authority', implying a consent-based process. However, sections 6(5) and 6(6) give the authority unilateral power to increase the interest rate to a commercial rate at any time during the loan term after annual review, without requiring the applicant's consent or request. This undermines the consent framework established in subsections (1)-(4) and may conflict with the loan agreement terms established at drawdown."},{"severity":"medium","section_a":"sec.29(2) (schedule 23 section 8 as amended applies to undecided applications)","section_b":"sec.29(3) (schedule 23 section 3 definition of primary producer as in force before commencement continues to apply)","confidence":0.7,"description":"Section 29 creates an internal contradiction by directing that amended schedule 23, section 8 applies to undecided applications, while simultaneously requiring that the pre-amendment definition of 'primary producer' in schedule 23, section 3 continues to apply for deciding the same application. Section 8 (as amended) may have been drafted on the basis of the amended definition of 'primary producer', creating a potential mismatch between the operative provision and the definitional framework it relies upon."}]},"kimi_summary":{"_metrics":{"completionTokens":682},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly from its original 2011 focus on primary industry productivity and rural adjustment. It now encompasses: disaster assistance for terrorist acts (not just natural disasters), COVID-19 business support, home ownership assistance (Boost to Buy scheme), drought schemes, tourism industry support, taxi industry restructuring, and water rebates for horticulture. The 2025 amendment adding the Boost to Buy scheme (Section 2A) represents a notable expansion into housing policy, going well beyond traditional rural and regional economic adjustment."},"complexity_factors":["47+ defined terms across multiple schedules with overlapping definitions","Extensive cross-referencing between schedules (e.g., Schedules 2, 3, 7, 8, 21, 23, 24 all relate to disaster assistance with different conditions)","22 separate assistance schemes with unique eligibility criteria, application processes, and funding limits","Multiple transitional provisions (Parts 4.1 to 4.22) preserving old scheme rules for pending applications","Nested conditional logic in eligibility criteria (e.g., Schedule 23 Section 11 has 6 main criteria with sub-conditions and exceptions)","Formula-based calculations for rebate amounts (Schedule 22 Sections 7-9)","Temporal complexity with different rules applying based on when disasters occurred, applications were made, or amendments took effect","Interaction with Commonwealth-State disaster recovery funding arrangements requiring parallel eligibility assessment"],"plain_english_summary":"This is a Queensland regulation that establishes multiple financial assistance schemes for rural and regional businesses, primary producers, and communities affected by disasters, drought, and other hardships. The legislation:\n\n**Core purpose**: Provides a framework for the Queensland Rural and Regional Adjustment Authority to administer various assistance programs including concessional loans, grants, and rebates.\n\n**Key schemes include**:\n- **Primary Industry Productivity Enhancement Scheme** (Schedule 1): Concessional loans up to $2 million for new farmers and $1.3 million for sustainability improvements\n- **Disaster Assistance Schemes** (Schedules 2, 3, 7, 8, 21, 23, 24): Loans and grants for primary producers, small businesses, and non-profits affected by natural disasters or terrorist acts\n- **Drought Assistance Schemes** (Schedules 4 and 5): Concessional and interest-free loans up to $250,000 combined for drought-affected primary producers\n- **Industry-specific schemes**: Support for taxi operators (Schedule 12), wheelchair accessible taxis (Schedule 15), tourism businesses (Schedules 17-18), marine tourism (Schedule 18), solar PV for rental properties (Schedule 11), and horticultural water rebates (Schedule 22)\n\n**Who it affects**: Primary producers, small business owners, non-profit organisations, drought-affected farmers, disaster victims, and specific industry participants like taxi operators and tourism businesses.\n\n**Recent additions**: Section 2A (inserted 2025) adds a new function for the Authority to administer the \"Boost to Buy\" home ownership assistance scheme in partnership with Queensland Treasury Corporation.\n\nThe regulation is highly complex with extensive cross-referencing between schedules, transitional provisions for scheme changes, and detailed eligibility criteria for each assistance type."}},"importantCases":[],"_links":{"self":"/api/acts/rural-and-regional-adjustment-regulation-2011","history":"/api/acts/rural-and-regional-adjustment-regulation-2011/history","analysis":"/api/acts/rural-and-regional-adjustment-regulation-2011/analysis","conflicts":"/api/acts/rural-and-regional-adjustment-regulation-2011/conflicts","importantCases":"/api/acts/rural-and-regional-adjustment-regulation-2011/important-cases","documents":"/api/acts/rural-and-regional-adjustment-regulation-2011/documents"}}