sch.5-sec.7Eligibility criteria

### sch.5-sec.7 Eligibility criteria To be eligible to receive assistance under the scheme the applicant must demonstrate to the authority that— the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and an interested person for the primary production enterprise is a primary producer; and the applicant— has taken reasonable precautions to minimise the effect of drought on the primary production enterprise; and maintaining stock at levels commensurate with seasonal conditions intends to use any of the primary production enterprise’s surplus liquid reserves or normal credit sources up to normal credit limits, in conjunction with the loan, to continue operations; and can service the loan; and the primary production enterprise— has been carried on for at least 12 months before the day the application for assistance is made; and demonstrates prospects for commercial viability; and requires financial assistance because the primary production enterprise has been significantly financially affected by drought. Also, an applicant must give to the authority, or demonstrate to the authority that the applicant intends to give to the authority, a resilience plan for the primary production enterprise. However, an applicant is not eligible to receive assistance under the scheme if— the applicant has received assistance under the scheme and the loan has not been discharged; or the applicant has received assistance under the scheme in the 5 years before the day the application for assistance is made; or the applicant or an interested person for the primary production enterprise— has given to the department, in support of an application for DRAS funding, an invoice issued in the 6 months before the day the application for assistance is made; and has received DRAS funding for the invoice. In this section— department means the department in which the Fisheries Act 1994 is administered. DRAS funding means— a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or a rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department. interested person , for a primary production enterprise, means— if the primary production enterprise is carried on by a sole trader—the sole trader; or if the primary production enterprise is carried on by a partnership, proprietary company or trust—a partner in the partnership, a shareholder in the company or a beneficiary of the trust. sch 5 s 7 sub 2022 SL No. 15 s 5 amd 2025 SL No. 138 s 5 (sch.5-sec.7-ssec.1) To be eligible to receive assistance under the scheme the applicant must demonstrate to the authority that— the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and an interested person for the primary production enterprise is a primary producer; and the applicant— has taken reasonable precautions to minimise the effect of drought on the primary production enterprise; and maintaining stock at levels commensurate with seasonal conditions intends to use any of the primary production enterprise’s surplus liquid reserves or normal credit sources up to normal credit limits, in conjunction with the loan, to continue operations; and can service the loan; and the primary production enterprise— has been carried on for at least 12 months before the day the application for assistance is made; and demonstrates prospects for commercial viability; and requires financial assistance because the primary production enterprise has been significantly financially affected by drought. (sch.5-sec.7-ssec.2) Also, an applicant must give to the authority, or demonstrate to the authority that the applicant intends to give to the authority, a resilience plan for the primary production enterprise. (sch.5-sec.7-ssec.3) However, an applicant is not eligible to receive assistance under the scheme if— the applicant has received assistance under the scheme and the loan has not been discharged; or the applicant has received assistance under the scheme in the 5 years before the day the application for assistance is made; or the applicant or an interested person for the primary production enterprise— has given to the department, in support of an application for DRAS funding, an invoice issued in the 6 months before the day the application for assistance is made; and has received DRAS funding for the invoice. (sch.5-sec.7-ssec.4) In this section— department means the department in which the Fisheries Act 1994 is administered. DRAS funding means— a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or a rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department. interested person , for a primary production enterprise, means— if the primary production enterprise is carried on by a sole trader—the sole trader; or if the primary production enterprise is carried on by a partnership, proprietary company or trust—a partner in the partnership, a shareholder in the company or a beneficiary of the trust. - (a) the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and - (b) the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and - (c) an interested person for the primary production enterprise is a primary producer; and - (d) the applicant— (i) has taken reasonable precautions to minimise the effect of drought on the primary production enterprise; and Example of reasonable precautions— maintaining stock at levels commensurate with seasonal conditions (ii) intends to use any of the primary production enterprise’s surplus liquid reserves or normal credit sources up to normal credit limits, in conjunction with the loan, to continue operations; and (iii) can service the loan; and - (i) has taken reasonable precautions to minimise the effect of drought on the primary production enterprise; and Example of reasonable precautions— maintaining stock at levels commensurate with seasonal conditions - (ii) intends to use any of the primary production enterprise’s surplus liquid reserves or normal credit sources up to normal credit limits, in conjunction with the loan, to continue operations; and - (iii) can service the loan; and - (e) the primary production enterprise— (i) has been carried on for at least 12 months before the day the application for assistance is made; and (ii) demonstrates prospects for commercial viability; and (iii) requires financial assistance because the primary production enterprise has been significantly financially affected by drought. - (i) has been carried on for at least 12 months before the day the application for assistance is made; and - (ii) demonstrates prospects for commercial viability; and - (iii) requires financial assistance because the primary production enterprise has been significantly financially affected by drought. - (i) has taken reasonable precautions to minimise the effect of drought on the primary production enterprise; and Example of reasonable precautions— maintaining stock at levels commensurate with seasonal conditions - (ii) intends to use any of the primary production enterprise’s surplus liquid reserves or normal credit sources up to normal credit limits, in conjunction with the loan, to continue operations; and - (iii) can service the loan; and - (i) has been carried on for at least 12 months before the day the application for assistance is made; and - (ii) demonstrates prospects for commercial viability; and - (iii) requires financial assistance because the primary production enterprise has been significantly financially affected by drought. - (a) the applicant has received assistance under the scheme and the loan has not been discharged; or - (b) the applicant has received assistance under the scheme in the 5 years before the day the application for assistance is made; or - (c) the applicant or an interested person for the primary production enterprise— (i) has given to the department, in support of an application for DRAS funding, an invoice issued in the 6 months before the day the application for assistance is made; and (ii) has received DRAS funding for the invoice. - (i) has given to the department, in support of an application for DRAS funding, an invoice issued in the 6 months before the day the application for assistance is made; and - (ii) has received DRAS funding for the invoice. - (i) has given to the department, in support of an application for DRAS funding, an invoice issued in the 6 months before the day the application for assistance is made; and - (ii) has received DRAS funding for the invoice. - (a) a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or - (b) a rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department. - (a) if the primary production enterprise is carried on by a sole trader—the sole trader; or - (b) if the primary production enterprise is carried on by a partnership, proprietary company or trust—a partner in the partnership, a shareholder in the company or a beneficiary of the trust.