sch.17-sec.5Meaning of eligible business

### sch.17-sec.5 Meaning of eligible business 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. However, a business is not an eligible business if the business is— a local or regional tourism organisation; or a non-profit organisation. 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. 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. sch 17 s 5 prev sch 17 s 5 ins 2012 SL No. 44 s 4 om 2014 SL No. 51 s 6 pres sch 17 s 5 ins 2020 SL No. 189 s 4 amd 2023 No. 23 s 247 sch 1 s 36 (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. (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. (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. (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. - (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 - (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 - (b) the business is, and has since 1 February 2020 been, registered for GST; and - (c) the business has its headquarters in Queensland; and - (d) the business primarily operates in regional Queensland; and - (e) before 1 February 2020, the business primarily operated for the international tourism market; and - (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 - (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 - (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. - (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. - (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. - (h) neither an owner, nor a director or shareholder of an owner, of the business is an insolvent under administration. - (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 - (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 - (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. - (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. - (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. - (a) a local or regional tourism organisation; or - (b) a non-profit organisation. - (a) incorporated under a law of the Commonwealth or a State; and - (b) either— (i) registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966 ; or (ii) registered or otherwise authorised to raise funds under a law of another State. - (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. - (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. - (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 . - (b) the Ipswich, Logan, Moreton Bay and Redland local government areas.