sch.23-sec.12Eligibility criteria—small business owner

### sch.23-sec.12 Eligibility criteria—small business owner 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. 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. 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 12 ins 2013 SL No. 19 s 10 amd 2015 SL No. 74 s 10 ; 2016 SL No. 133 s 10 ; 2018 SL No. 172 s 40 ; 2020 SL No. 29 s 8 (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. (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. (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. - (a) an assistance establishment notice states that small business owners are eligible to apply for the assistance; and - (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 - (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 - (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 - (c) the applicant was engaged in carrying on the small business when the eligible disaster happened; and - (d) the applicant is primarily responsible for meeting the costs claimed in the application; and - (e) the applicant intends to re-establish the small business in the defined disaster area for the eligible disaster. - (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 - (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 - (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 - (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.