1Short titleThis regulation may be cited as the Rural and Regional Adjustment (Variation of Work in Paradise Incentive Scheme) Amendment Regulation 2021.2Regulation amendedThis regulation amends the Rural and Regional Adjustment Regulation 2011.3Insertion of new pt 4, div 12Part 4—insert—Division 12Transitional provision for Rural and Regional Adjustment (Variation of Work in Paradise Incentive Scheme) Amendment Regulation 202119Existing applications for assistance(1)This section applies if, before the commencement, an application for assistance under the scheme set out in schedule 36 was made but not decided.(2)Schedule 36, as amended by the Rural and Regional Adjustment (Variation of Work in Paradise Incentive Scheme) Amendment Regulation 2021, applies to the application.4Amendment of sch 36, s 2 (Purpose of assistance)Schedule 36, section 2(b), before ‘eligible employment’—insert—type 15Amendment of sch 36, s 3 (Definitions for schedule)(1)Schedule 36, section 3, definitions eligible employment, second instalment and third instalment—omit.(2)Schedule 36, section 3—insert—COVID-19 direction means a public health direction under the Public Health Act 2005, section 362B.second instalment see section 5(1)(b) and (3).third instalment see section 5(1)(c) and (4).type 1 eligible employment means employment that is—

(a)with 1 eligible business for at least 20 hours per week; and

(b)in a local government area other than the City of Brisbane, Bundaberg, Central Highlands, Fraser Coast, Gladstone, Gold Coast, Gympie, Ipswich, Livingstone, Lockyer Valley, Logan, Moreton Bay, Noosa, North Burnett, Redland, Rockhampton, Scenic Rim, Somerset, Sunshine Coast or Toowoomba local government area.

type 2 eligible employment means employment, other than type 1 eligible employment, that is—

(a)with up to 2 eligible businesses for a total of at least 20 hours per week; and

(b)in a local government area other than the City of Brisbane, Gold Coast, Gympie, Ipswich, Lockyer Valley, Logan, Moreton Bay, Noosa, Redland, Scenic Rim, Somerset or Sunshine Coast local government area.

(3)Schedule 36, section 3, definition continuous, paragraph (a)(iii)—omit, insert—

(iii)a workplace closure in compliance with a COVID-19 direction; or

(iv)a reduction of the hours of employment available at a workplace, if the reduction is a result of compliance with a COVID-19 direction; or

(4)Schedule 36, section 3, definition eligible business, paragraph (d)(i)—omit, insert—

(i)an activity listed in ANZSIC under class code 2394, 4400, 4511, 4513, 4520, 4530, 4623, 4820, 5010, 5220, 6611, 6619, 7220, 7299, 8910, 8921, 8922, 9001, 9003, 9131, 9139 or 9201; or

6Amendment of sch 36, s 4 (Nature and amount of assistance)(1)Schedule 36, section 4(1)(a), ‘eligible employment’—omit, insert—employment consisting of type 1 eligible employment, or type 1 eligible employment and type 2 eligible employment(2)Schedule 36, section 4(1)(b), before ‘eligible’—insert—type 17Amendment of sch 36, s 5 (Payment of assistance)(1)Schedule 36, section 5(1)(b) and (c), before ‘eligible employment’—insert—type 1(2)Schedule 36, section 5—insert—(1A)However, subsections (3) and (4) apply in relation to an applicant if—

(a)the applicant has received the first instalment; and

(b)the authority is satisfied the applicant is no longer engaged in the type 1 eligible employment in relation to which the applicant received the first instalment because—

(i)a COVID-19 direction has affected the eligible business that engaged the applicant in the employment; and

(ii)the eligible business has, as a result of compliance with the COVID-19 direction, stopped the employment.

(1B)An instalment (also a second instalment) is payable on the authority being satisfied the applicant has completed at least 12 continuous weeks of employment, consisting of a combination of type 1 eligible employment and type 2 eligible employment, of which at least the first 2 weeks are type 1 eligible employment. (1C)An instalment (also a third instalment) is payable on the authority being satisfied the applicant has completed at least 24 continuous weeks of employment, consisting of a combination of type 1 eligible employment and type 2 eligible employment, of which at least the first 2 weeks are type 1 eligible employment. (3)Schedule 36, section 5(2)—omit, insert—(2)An incentive instalment is not payable to an applicant in relation to a continuous period of employment completed after 31 March 2023.(4)Schedule 36, section 5(1A) to (3)—renumber as schedule 36, section 5(2) to (6).8Amendment of sch 36, s 6 (Nature of applications)Schedule 36, section 6(a) and (b), before ‘eligible employment’—insert—type 19Amendment of sch 36, s 7 (Eligibility criteria)(1)Schedule 36, section 7(1)(b)(iii), (2)(a) and (3)(a), before ‘eligible’—insert—type 1(2)Schedule 36, section 7(2)(b), after ‘section 5(1)(b)’—insert—or (3)(3)Schedule 36, section 7(2)(c), after ‘section 5(1)(c)’—insert—or (4)10Amendment of sch 36, s 8 (Applications)Schedule 36, section 8(1)(c), ‘31 March’—omit, insert—30 June