sch.23-sec.13Eligibility criteria—non-profit organisation

### sch.23-sec.13 Eligibility criteria—non-profit organisation 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. 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. 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 13 ins 2013 SL No. 19 s 10 sub 2015 SL No. 74 s 11 amd 2016 SL No. 133 s 11 ; 2018 SL No. 172 s 41 ; 2020 SL No. 29 s 9 (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. (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. (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. - (a) an assistance establishment notice states that non-profit organisations are eligible to apply for the assistance; and - (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 - (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 - (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 - (c) the applicant was engaged in conducting its operations when the eligible disaster happened; and - (d) the applicant is primarily responsible for meeting the costs claimed in the application; and - (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 - (f) the applicant intends to re-establish its operations in the defined disaster area for the eligible disaster. - (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 - (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 - (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 - (a) the disaster recovery funding arrangements activated for the eligible disaster include a community recovery fund; and - (b) the non-profit organisation has claimed or received a grant under the community recovery fund for the eligible disaster. - (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.