sch.18-sec.5Meaning of eligible business

### sch.18-sec.5 Meaning of eligible business 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. 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— 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. sch 18 s 5 prev sch 18 s 5 ins 2012 SL No. 44 s 4 om 2014 SL No. 51 s 6 pres sch 18 s 5 ins 2020 SL No. 188 s 4 amd 2021 SL No. 134 s 10 ; 2023 No. 23 s 247 sch 1 s 36 (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. (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. (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. - (a) the business has, since the relevant date for the round, ordinarily provided tourism services using 1 or more eligible boats; and - (b) the business has its headquarters in Queensland; and - (c) the business has, after the relevant date for the round, suffered a loss of income because of the COVID-19 travel restrictions; and - (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 - (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 - (e) the business is, and has since the relevant date for the round been, registered for GST; and - (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 - (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 - (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. - (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) 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 - (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 - (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 - (i) 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 the relevant date for the round; and - (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 - (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. - (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 - (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 - (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 - (a) means an individual who is employed, or usually employed, by the business; and - (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. - (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. - (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. - (a) for round 1—1 February 2020; or - (b) for round 2—1 April 2021. - (a) for round 1—at least 1, but not more than 199; or - (b) for round 2—at least 1. - (a) 2018–2019; - (b) 2019–2020; - (c) 2020–2021.