sch.23-sec.11Eligibility criteria—primary producer

### sch.23-sec.11 Eligibility criteria—primary producer 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. To remove any doubt, it is declared that subsection (1) (e) is not limited by section 18 . 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. 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. sch 23 s 11 ins 2013 SL No. 19 s 10 sub 2015 SL No. 74 s 9 amd 2018 SL No. 172 s 39 ; 2019 SL No. 8 s 5 ; 2020 SL No. 5 s 8 ; 2020 SL No. 29 s 7 (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. (sch.23-sec.11-ssec.2) To remove any doubt, it is declared that subsection (1) (e) is not limited by section 18 . (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. (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. - (a) an assistance establishment notice states that primary producers are eligible to apply for the assistance; and - (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 - (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 - (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 - (c) the applicant was engaged in the primary production enterprise when the eligible disaster happened; and - (d) the applicant is primarily responsible for meeting the costs claimed in the application; and - (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 - (f) the applicant intends to re-establish the primary production enterprise in the defined disaster area for the eligible disaster. - (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 - (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 - (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 - (a) the applicant’s application for assistance is for the January–February 2019 Queensland flood disaster; and - (b) an assistance establishment notice for the disaster states that this subsection applies to the applicant. - (a) the applicant’s application for assistance is for a 2019–2020 extraordinary bushfire disaster; and - (b) the assistance establishment notice for the disaster states that this subsection applies to the applicant.