sch.45-sec.5Meaning of eligible business

### sch.45-sec.5 Meaning of eligible business A business is an eligible business if— the business’s primary activity is providing tourism services in the eligible area using 1 or more eligible vessels; and the owner of the business— holds an Australian Business Number for the business; and has continuously held the same Australian Business Number for the business since 1 July 2022; and the business is, and has since 1 July 2022 been, registered for GST; 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 or trust—the partners in the partnership or trustees of the trust; if an owner of the business is a private company or a public company—the company or the directors of the company; and the business employs, and has since 1 July 2022 employed, at least 1 full-time employee or equivalent full-time employee. For subsection (1) (e) , the number of equivalent full-time employees of a business is worked out using the formula— where— E means the number of equivalent full-time employees of the business. F means the number of full-time employees of the business. P means the total number of hours worked each week by employees other than full-time employees. However, a business is not an eligible business if the business is carried on by a government entity. In this section— employee , of a business— means an individual who is employed, or usually employed, in the business; and includes an owner of the business; and does not include a person who performs work under a contract for services with the business, including, for example, a subcontractor. full-time employee , of a business, means an employee who ordinarily works at least 35 hours each week in the business. sch 45 s 5 ins 2022 SL No. 137 s 6 amd 2023 No. 23 s 247 sch 1 s 36 (sch.45-sec.5-ssec.1) A business is an eligible business if— the business’s primary activity is providing tourism services in the eligible area using 1 or more eligible vessels; and the owner of the business— holds an Australian Business Number for the business; and has continuously held the same Australian Business Number for the business since 1 July 2022; and the business is, and has since 1 July 2022 been, registered for GST; 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 or trust—the partners in the partnership or trustees of the trust; if an owner of the business is a private company or a public company—the company or the directors of the company; and the business employs, and has since 1 July 2022 employed, at least 1 full-time employee or equivalent full-time employee. (sch.45-sec.5-ssec.2) For subsection (1) (e) , the number of equivalent full-time employees of a business is worked out using the formula— where— E means the number of equivalent full-time employees of the business. F means the number of full-time employees of the business. P means the total number of hours worked each week by employees other than full-time employees. (sch.45-sec.5-ssec.3) However, a business is not an eligible business if the business is carried on by a government entity. (sch.45-sec.5-ssec.4) In this section— employee , of a business— means an individual who is employed, or usually employed, in the business; and includes an owner of the business; and does not include a person who performs work under a contract for services with the business, including, for example, a subcontractor. full-time employee , of a business, means an employee who ordinarily works at least 35 hours each week in the business. - (a) the business’s primary activity is providing tourism services in the eligible area using 1 or more eligible vessels; and - (b) the 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 1 July 2022; and - (i) holds an Australian Business Number for the business; and - (ii) has continuously held the same Australian Business Number for the business since 1 July 2022; and - (c) the business is, and has since 1 July 2022 been, registered for GST; and - (d) 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 or trust—the partners in the partnership or trustees of the trust; (iv) if an owner of the business is a private company or a public company—the company or the directors of the company; 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 or trust—the partners in the partnership or trustees of the trust; - (iv) if an owner of the business is a private company or a public company—the company or the directors of the company; and - (e) the business employs, and has since 1 July 2022 employed, at least 1 full-time employee or equivalent full-time employee. - (i) holds an Australian Business Number for the business; and - (ii) has continuously held the same Australian Business Number for the business since 1 July 2022; 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 or trust—the partners in the partnership or trustees of the trust; - (iv) if an owner of the business is a private company or a public company—the company or the directors of the company; and - (a) means an individual who is employed, or usually employed, in the business; and - (b) includes an owner of the business; and - (c) does not include a person who performs work under a contract for services with the business, including, for example, a subcontractor.