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Rural and Regional Adjustment Regulation 2011
sch.23-sec.21Special provisions for primary producers and small business owners
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### sch.23-sec.21 Special provisions for primary producers and small business owners
This section applies if—
either—
an eligible entity that is a primary producer carries on more than 1 primary production enterprise (each a separate business ) at separate locations; or
an eligible entity that is a small business owner carries on more than 1 small business (each also a separate business ) at separate locations; and
the authority is satisfied the separate business would be a commercially viable and autonomous business (an eligible separate business ) if the other separate businesses carried on by the eligible entity ceased to operate.
The eligible entity may apply for assistance under the scheme for each eligible separate business as if each eligible separate business were a separate primary production enterprise or small business in relation to which the applicant may be eligible for assistance under the scheme.
The maximum amount of assistance that may be given under the scheme to an eligible entity for each eligible separate business, for an eligible disaster, is the maximum amount of the assistance stated in the assistance establishment notice under section 6A (1) (d) .
For subsection (1) (b) , the authority may have regard to the following—
the staffing arrangements of the separate business;
whether the separate business has its own plant, equipment or stock;
the accounting and insurance arrangements of the separate business;
whether the separate business operates under its own trading name.
Subsection (4) does not limit the matters to which the authority may have regard.
sch 23 s 21 ins 2013 SL No. 19 s 10
amd 2015 SL No. 74 s 16
(sch.23-sec.21-ssec.1) This section applies if— either— an eligible entity that is a primary producer carries on more than 1 primary production enterprise (each a separate business ) at separate locations; or an eligible entity that is a small business owner carries on more than 1 small business (each also a separate business ) at separate locations; and the authority is satisfied the separate business would be a commercially viable and autonomous business (an eligible separate business ) if the other separate businesses carried on by the eligible entity ceased to operate.
(sch.23-sec.21-ssec.2) The eligible entity may apply for assistance under the scheme for each eligible separate business as if each eligible separate business were a separate primary production enterprise or small business in relation to which the applicant may be eligible for assistance under the scheme.
(sch.23-sec.21-ssec.3) The maximum amount of assistance that may be given under the scheme to an eligible entity for each eligible separate business, for an eligible disaster, is the maximum amount of the assistance stated in the assistance establishment notice under section 6A (1) (d) .
(sch.23-sec.21-ssec.4) For subsection (1) (b) , the authority may have regard to the following— the staffing arrangements of the separate business; whether the separate business has its own plant, equipment or stock; the accounting and insurance arrangements of the separate business; whether the separate business operates under its own trading name.
(sch.23-sec.21-ssec.5) Subsection (4) does not limit the matters to which the authority may have regard.
- (a) either— (i) an eligible entity that is a primary producer carries on more than 1 primary production enterprise (each a separate business ) at separate locations; or (ii) an eligible entity that is a small business owner carries on more than 1 small business (each also a separate business ) at separate locations; and
- (i) an eligible entity that is a primary producer carries on more than 1 primary production enterprise (each a separate business ) at separate locations; or
- (ii) an eligible entity that is a small business owner carries on more than 1 small business (each also a separate business ) at separate locations; and
- (b) the authority is satisfied the separate business would be a commercially viable and autonomous business (an eligible separate business ) if the other separate businesses carried on by the eligible entity ceased to operate.
- (i) an eligible entity that is a primary producer carries on more than 1 primary production enterprise (each a separate business ) at separate locations; or
- (ii) an eligible entity that is a small business owner carries on more than 1 small business (each also a separate business ) at separate locations; and
- (a) the staffing arrangements of the separate business;
- (b) whether the separate business has its own plant, equipment or stock;
- (c) the accounting and insurance arrangements of the separate business;
- (d) whether the separate business operates under its own trading name.