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Rural and Regional Adjustment Regulation 2011
sch.8-sec.8Eligibility criteria
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### sch.8-sec.8 Eligibility criteria
An applicant is eligible for assistance under the scheme if the authority is satisfied—
the applicant is a primary producer or business owner; and
immediately before the eligible disaster, the applicant carried on a primary production enterprise or relevant business in the defined disaster area; and
the primary production enterprise or relevant business has sustained exceptional damage as a direct result of the eligible disaster; and
the applicant has used all the applicant’s liquid assets and normal credit sources up to normal credit limits; and
the applicant has not taken excessive risks in carrying on the primary production enterprise or relevant business; and
The authority is satisfied the applicant’s capital expenditure for the primary production enterprise or relevant business has not been excessive.
the applicant has taken reasonable precautions to avoid or minimise loss from the eligible disaster; and
The applicant has adequate insurance against loss or damage from the eligible disaster.
with the assistance under the scheme, the applicant has reasonable prospects of carrying on or re-establishing the applicant’s primary production enterprise or relevant business on a viable basis; and
for an applicant who is a business owner of a relevant business—
the business has a critical supply chain relationship with another entity whose business activities have been adversely affected by the eligible disaster, whether or not the other entity’s business is carried on in the defined disaster area; and
the applicant will continue to carry on or re-establish the business at the same place or elsewhere in the local government area in which the business was carried on before the eligible disaster.
sch 8 s 8 orig sch 8 s 8 om 2014 SL No. 51 s 6
prev sch 8 s 8 ins 2014 SL No. 180 s 4
om 2019 SL No. 71 s 59 sch 1
pres sch 8 s 8 ins 2019 SL No. 128 s 4
- (a) the applicant is a primary producer or business owner; and
- (b) immediately before the eligible disaster, the applicant carried on a primary production enterprise or relevant business in the defined disaster area; and
- (c) the primary production enterprise or relevant business has sustained exceptional damage as a direct result of the eligible disaster; and
- (d) the applicant has used all the applicant’s liquid assets and normal credit sources up to normal credit limits; and
- (e) the applicant has not taken excessive risks in carrying on the primary production enterprise or relevant business; and Example— The authority is satisfied the applicant’s capital expenditure for the primary production enterprise or relevant business has not been excessive.
- (f) the applicant has taken reasonable precautions to avoid or minimise loss from the eligible disaster; and Example— The applicant has adequate insurance against loss or damage from the eligible disaster.
- (g) with the assistance under the scheme, the applicant has reasonable prospects of carrying on or re-establishing the applicant’s primary production enterprise or relevant business on a viable basis; and
- (h) for an applicant who is a business owner of a relevant business— (i) the business has a critical supply chain relationship with another entity whose business activities have been adversely affected by the eligible disaster, whether or not the other entity’s business is carried on in the defined disaster area; and (ii) the applicant will continue to carry on or re-establish the business at the same place or elsewhere in the local government area in which the business was carried on before the eligible disaster.
- (i) the business has a critical supply chain relationship with another entity whose business activities have been adversely affected by the eligible disaster, whether or not the other entity’s business is carried on in the defined disaster area; and
- (ii) the applicant will continue to carry on or re-establish the business at the same place or elsewhere in the local government area in which the business was carried on before the eligible disaster.
- (i) the business has a critical supply chain relationship with another entity whose business activities have been adversely affected by the eligible disaster, whether or not the other entity’s business is carried on in the defined disaster area; and
- (ii) the applicant will continue to carry on or re-establish the business at the same place or elsewhere in the local government area in which the business was carried on before the eligible disaster.