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Rural and Regional Adjustment Regulation 2011
sch.7-sec.8Eligibility criteria
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### sch.7-sec.8 Eligibility criteria
An applicant is eligible for assistance for an eligible disaster under the scheme if the authority is satisfied—
the applicant is a primary producer, small business owner or non-profit organisation; and
before the eligible disaster, the applicant carried on a primary production enterprise, small business or non-profit activities (each the relevant activity ) in the defined disaster area; and
the applicant has suffered a significant loss of income as a result of the eligible disaster; and
the applicant has not taken excessive risks in carrying on the relevant activity; and
The authority is satisfied the applicant’s capital expenditure for the relevant activity has not been excessive.
the applicant is continuing the relevant activity in the defined disaster area; and
there are reasonable prospects for the long-term viability of the relevant activity if the assistance is provided; and
the applicant has used all liquid assets and normal credit sources up to normal credit limits; and
the applicant has no reasonable prospects of obtaining finance on ordinary commercial terms to carry on the relevant activity; and
the applicant has not received another concessional loan for loss or damage that was related to the eligible disaster.
However, an applicant is not eligible for assistance for an eligible disaster under both—
this scheme; and
the scheme set out in schedule 2 , 3 or 21 .
sch 7 s 8 prev sch 7 s 8 om 2014 SL No. 51 s 6
pres sch 7 s 8 ins 2014 SL No. 169 s 5
amd 2018 SL No. 172 s 22
(sch.7-sec.8-ssec.1) An applicant is eligible for assistance for an eligible disaster under the scheme if the authority is satisfied— the applicant is a primary producer, small business owner or non-profit organisation; and before the eligible disaster, the applicant carried on a primary production enterprise, small business or non-profit activities (each the relevant activity ) in the defined disaster area; and the applicant has suffered a significant loss of income as a result of the eligible disaster; and the applicant has not taken excessive risks in carrying on the relevant activity; and The authority is satisfied the applicant’s capital expenditure for the relevant activity has not been excessive. the applicant is continuing the relevant activity in the defined disaster area; and there are reasonable prospects for the long-term viability of the relevant activity if the assistance is provided; and the applicant has used all liquid assets and normal credit sources up to normal credit limits; and the applicant has no reasonable prospects of obtaining finance on ordinary commercial terms to carry on the relevant activity; and the applicant has not received another concessional loan for loss or damage that was related to the eligible disaster.
(sch.7-sec.8-ssec.2) However, an applicant is not eligible for assistance for an eligible disaster under both— this scheme; and the scheme set out in schedule 2 , 3 or 21 .
- (a) the applicant is a primary producer, small business owner or non-profit organisation; and
- (b) before the eligible disaster, the applicant carried on a primary production enterprise, small business or non-profit activities (each the relevant activity ) in the defined disaster area; and
- (c) the applicant has suffered a significant loss of income as a result of the eligible disaster; and
- (d) the applicant has not taken excessive risks in carrying on the relevant activity; and Example for paragraph (d) — The authority is satisfied the applicant’s capital expenditure for the relevant activity has not been excessive.
- (e) the applicant is continuing the relevant activity in the defined disaster area; and
- (f) there are reasonable prospects for the long-term viability of the relevant activity if the assistance is provided; and
- (g) the applicant has used all liquid assets and normal credit sources up to normal credit limits; and
- (h) the applicant has no reasonable prospects of obtaining finance on ordinary commercial terms to carry on the relevant activity; and
- (i) the applicant has not received another concessional loan for loss or damage that was related to the eligible disaster.
- (a) this scheme; and
- (b) the scheme set out in schedule 2 , 3 or 21 .