sch.38-sec.12Meaning of category B business

### sch.38-sec.12 Meaning of category B business A business is a category B business if— an entity— holds an Australian Business Number for the business; and has continuously held the same Australian Business Number for the business since 30 June 2021; and the business is registered for GST; and the business is, and has been since 30 June 2021, trading from premises in Queensland; and on 30 June 2021, the business had at least 50 employees in Queensland; and each of the employees mentioned in paragraph (d) who was a casual or temporary employee had been employed by the business in Queensland for at least 12 months immediately before 30 June 2021; and either— the annual turnover of the business in Queensland for any of the relevant financial years was not less than $25,000,000; or both of the following apply— the business has operated in Queensland for only part of the 2020–2021 financial year; according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and the business’s primary activity is an activity listed in ANZSIC under class code 4820, 5010, 8921, 8922, 9131 or 9139; and the predominant clients for the business’s primary activity are tourists; and none of the following entities is an insolvent under administration or is under administration or in receivership or liquidation— the business; if the owner of the business is a sole trader—the owner; if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust; an associated entity of an owner of the business. However, a business is not a category B business if the business is an excluded business. sch 38 s 12 ins 2021 SL No. 153 s 5 (sch.38-sec.12-ssec.1) A business is a category B business if— an entity— holds an Australian Business Number for the business; and has continuously held the same Australian Business Number for the business since 30 June 2021; and the business is registered for GST; and the business is, and has been since 30 June 2021, trading from premises in Queensland; and on 30 June 2021, the business had at least 50 employees in Queensland; and each of the employees mentioned in paragraph (d) who was a casual or temporary employee had been employed by the business in Queensland for at least 12 months immediately before 30 June 2021; and either— the annual turnover of the business in Queensland for any of the relevant financial years was not less than $25,000,000; or both of the following apply— the business has operated in Queensland for only part of the 2020–2021 financial year; according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and the business’s primary activity is an activity listed in ANZSIC under class code 4820, 5010, 8921, 8922, 9131 or 9139; and the predominant clients for the business’s primary activity are tourists; and none of the following entities is an insolvent under administration or is under administration or in receivership or liquidation— the business; if the owner of the business is a sole trader—the owner; if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust; an associated entity of an owner of the business. (sch.38-sec.12-ssec.2) However, a business is not a category B business if the business is an excluded business. - (a) an entity— (i) holds an Australian Business Number for the business; and (ii) has continuously held the same Australian Business Number for the business since 30 June 2021; and - (i) holds an Australian Business Number for the business; and - (ii) has continuously held the same Australian Business Number for the business since 30 June 2021; and - (b) the business is registered for GST; and - (c) the business is, and has been since 30 June 2021, trading from premises in Queensland; and - (d) on 30 June 2021, the business had at least 50 employees in Queensland; and - (e) each of the employees mentioned in paragraph (d) who was a casual or temporary employee had been employed by the business in Queensland for at least 12 months immediately before 30 June 2021; and - (f) either— (i) the annual turnover of the business in Queensland for any of the relevant financial years was not less than $25,000,000; or (ii) both of the following apply— (A) the business has operated in Queensland for only part of the 2020–2021 financial year; (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and - (i) the annual turnover of the business in Queensland for any of the relevant financial years was not less than $25,000,000; or - (ii) both of the following apply— (A) the business has operated in Queensland for only part of the 2020–2021 financial year; (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and - (A) the business has operated in Queensland for only part of the 2020–2021 financial year; - (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and - (g) the business’s primary activity is an activity listed in ANZSIC under class code 4820, 5010, 8921, 8922, 9131 or 9139; and - (h) the predominant clients for the business’s primary activity are tourists; and - (i) none of the following entities is an insolvent under administration or is under administration or in receivership or liquidation— (i) the business; (ii) if the owner of the business is a sole trader—the owner; (iii) if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust; (iv) an associated entity of an owner of the business. - (i) the business; - (ii) if the owner of the business is a sole trader—the owner; - (iii) if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust; - (iv) an associated entity of an owner of the business. - (i) holds an Australian Business Number for the business; and - (ii) has continuously held the same Australian Business Number for the business since 30 June 2021; and - (i) the annual turnover of the business in Queensland for any of the relevant financial years was not less than $25,000,000; or - (ii) both of the following apply— (A) the business has operated in Queensland for only part of the 2020–2021 financial year; (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and - (A) the business has operated in Queensland for only part of the 2020–2021 financial year; - (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and - (A) the business has operated in Queensland for only part of the 2020–2021 financial year; - (B) according to its financial records, the annual turnover of the business in Queensland for the 2021–2022 financial year can reasonably be expected to be not less than $25,000,000; and - (i) the business; - (ii) if the owner of the business is a sole trader—the owner; - (iii) if an owner of the business is a partnership, private company, public company or trust—the partners in the partnership, directors of the company or trustees of the trust; - (iv) an associated entity of an owner of the business.