sch.24-sec.9Eligibility criteria

### sch.24-sec.9 Eligibility criteria An applicant is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied— the applicant is a primary producer, small business owner or non-profit organisation; and immediately before the eligible disaster— the applicant carried on a primary production enterprise, small business or non-profit activities (each a relevant activity ) in the defined disaster area; or the applicant had been carrying on a relevant activity in the defined disaster area on a regular basis; or assets used by the applicant to carry on a relevant activity were situated in the defined disaster area; and the applicant has suffered, as a direct result of the eligible disaster— damage to the assets used for carrying on the relevant activity; or a significant loss of income; and there are reasonable prospects for the long-term viability of the relevant activity if the assistance is provided; and the applicant can not, from the applicant’s own resources and without assistance under the scheme— repair or replace assets directly damaged as a result of the eligible disaster; or return to operations at a similar level as before the eligible disaster; and the applicant has not received another concessional loan for loss or damage that was related to the eligible disaster; and the applicant demonstrates the ability to repay the loan applied for; and for assistance, other than assistance to refinance an eligible commercial loan—the applicant has used all liquid assets and normal credit sources up to normal limits; and for assistance to refinance an eligible commercial loan— the applicant has suffered the damage to assets or loss of income mentioned in paragraph (c) as a direct result of the 2019–2020 extraordinary bushfire disaster; and immediately before the applicant was affected by the 2019–2020 extraordinary bushfire disaster, the applicant held an eligible commercial loan relating to the relevant activity; and the applicant can not refinance the loan from the applicant’s own resources and without assistance under the scheme. sch 24 s 9 prev sch 24 s 9 ins 2013 SL No. 26 s 4 om 2014 SL No. 51 s 6 AIA s 20A applies (see s 8) pres sch 24 s 9 ins 2020 SL No. 29 s 13 amd 2020 SL No. 214 s 8 - (a) the applicant is a primary producer, small business owner or non-profit organisation; and - (b) immediately before the eligible disaster— (i) the applicant carried on a primary production enterprise, small business or non-profit activities (each a relevant activity ) in the defined disaster area; or (ii) the applicant had been carrying on a relevant activity in the defined disaster area on a regular basis; or (iii) assets used by the applicant to carry on a relevant activity were situated in the defined disaster area; and - (i) the applicant carried on a primary production enterprise, small business or non-profit activities (each a relevant activity ) in the defined disaster area; or - (ii) the applicant had been carrying on a relevant activity in the defined disaster area on a regular basis; or - (iii) assets used by the applicant to carry on a relevant activity were situated in the defined disaster area; and - (c) the applicant has suffered, as a direct result of the eligible disaster— (i) damage to the assets used for carrying on the relevant activity; or (ii) a significant loss of income; and - (i) damage to the assets used for carrying on the relevant activity; or - (ii) a significant loss of income; and - (d) there are reasonable prospects for the long-term viability of the relevant activity if the assistance is provided; and - (e) the applicant can not, from the applicant’s own resources and without assistance under the scheme— (i) repair or replace assets directly damaged as a result of the eligible disaster; or (ii) return to operations at a similar level as before the eligible disaster; and - (i) repair or replace assets directly damaged as a result of the eligible disaster; or - (ii) return to operations at a similar level as before the eligible disaster; and - (f) the applicant has not received another concessional loan for loss or damage that was related to the eligible disaster; and - (g) the applicant demonstrates the ability to repay the loan applied for; and - (h) for assistance, other than assistance to refinance an eligible commercial loan—the applicant has used all liquid assets and normal credit sources up to normal limits; and - (i) for assistance to refinance an eligible commercial loan— (i) the applicant has suffered the damage to assets or loss of income mentioned in paragraph (c) as a direct result of the 2019–2020 extraordinary bushfire disaster; and (ii) immediately before the applicant was affected by the 2019–2020 extraordinary bushfire disaster, the applicant held an eligible commercial loan relating to the relevant activity; and (iii) the applicant can not refinance the loan from the applicant’s own resources and without assistance under the scheme. - (i) the applicant has suffered the damage to assets or loss of income mentioned in paragraph (c) as a direct result of the 2019–2020 extraordinary bushfire disaster; and - (ii) immediately before the applicant was affected by the 2019–2020 extraordinary bushfire disaster, the applicant held an eligible commercial loan relating to the relevant activity; and - (iii) the applicant can not refinance the loan from the applicant’s own resources and without assistance under the scheme. - (i) the applicant carried on a primary production enterprise, small business or non-profit activities (each a relevant activity ) in the defined disaster area; or - (ii) the applicant had been carrying on a relevant activity in the defined disaster area on a regular basis; or - (iii) assets used by the applicant to carry on a relevant activity were situated in the defined disaster area; and - (i) damage to the assets used for carrying on the relevant activity; or - (ii) a significant loss of income; and - (i) repair or replace assets directly damaged as a result of the eligible disaster; or - (ii) return to operations at a similar level as before the eligible disaster; and - (i) the applicant has suffered the damage to assets or loss of income mentioned in paragraph (c) as a direct result of the 2019–2020 extraordinary bushfire disaster; and - (ii) immediately before the applicant was affected by the 2019–2020 extraordinary bushfire disaster, the applicant held an eligible commercial loan relating to the relevant activity; and - (iii) the applicant can not refinance the loan from the applicant’s own resources and without assistance under the scheme.