1Short titleThis regulation may be cited as the Rural and Regional Adjustment (Zero Emission Vehicle Rebate Scheme) Amendment Regulation 2022.2CommencementThis regulation commences on 1 July 2022.3Regulation amendedThis regulation amends the Rural and Regional Adjustment Regulation 2011.4Amendment of s 3 (Approval of schemes—Act, s 11)Section 3(1), ‘41’—omit, insert—425Insertion of new sch 42After schedule 41—insert—Schedule 42Zero emission vehicle rebate schemesection 3(1)Part 1Preliminary1Objective of schemeThe objective of the scheme is to make eligible zero emission vehicles more affordable for eligible individuals and eligible entities. 2Purpose of schemeThe purpose of the scheme is to provide rebates to eligible individuals and eligible entities to offset the cost of purchasing an eligible zero emission vehicle. 3Definitions for scheduleIn this schedule—applicant means an entity applying for assistance under the scheme. dutiable value, of a motor vehicle, has the meaning given by the Duties Act 2001, section 378(1) and (3)(a).eligible business see section 6.eligible entity means—

(a)an eligible business; or

(b)an eligible non-profit organisation.

eligible non-profit organisation means a charity or other non-profit entity that—

(a)is incorporated under a law of the Commonwealth or a State; and

(b)holds an Australian Business Number.

eligible zero emission vehicle see section 4.motor dealer means a person who holds a motor dealer licence under the Motor Dealers and Chattel Auctioneers Act 2014.motor vehicle see section 5.scheme means the scheme set out in this schedule.4Meaning of eligible zero emission vehicle(1)A motor vehicle is an eligible zero emission vehicle if the motor vehicle—

(a)produces no exhaust fumes or emissions from its motor; and

(b)has a GVM of 4.5t or less; and

(c)is not a conditionally registrable vehicle.

(2)However, subsection (1)(a) is not satisfied in relation to a motor vehicle if the vehicle has been converted or retrofitted to make it produce no exhaust fumes or emissions from its motor.(3)In this section—conditionally registrable vehicle see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, schedule 8.GVM (gross vehicle mass) see the Transport Operations (Road Use Management) Act 1995, schedule 4.5Meaning of motor vehicle(1)A motor vehicle is a vehicle that moves on 4 wheels and is propelled by a motor that forms part of the vehicle.(2)However, a motor vehicle does not include any of the following—

(a)a motorised scooter;

(b)a motorised wheelchair;

(c)a tractor or farm machinery;

(d)a vehicle designed for use exclusively in the mining or construction industry;

(e)a vehicle designed for use exclusively on a railway or tramway.

(3)In this section—motorised scooter see the Transport Operations (Road Use Management) Act 1995, schedule 4.motorised wheelchair see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, schedule 8.6Meaning of eligible business(1)A business is an eligible business if an entity holds an Australian Business Number for the business.(2)However, a business is not an eligible business if the business—

(a)is a fleet management business; or

(b)is carried on under a motor dealer licence or otherwise involves the sale of motor vehicles; or

(c)is carried on by a government entity.

(3)In this section—fleet management business means the business of leasing or managing motor vehicles for another entity.government entity means—

(a)a government entity within the meaning of the Public Service Act 2008, section 24; or

(b)a local government; or

(c)a government owned corporation; or

(d)an Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth); or

(e)an entity that is wholly owned by an entity mentioned in paragraph (a), (b), (c) or (d).

motor dealer licence means a motor dealer licence under the Motor Dealers and Chattel Auctioneers Act 2014.Part 2General provisions for scheme7Nature and amount of assistanceThe nature and amount of the assistance available to an applicant under the scheme is—

(a)for an applicant who is eligible for assistance under section 8—a rebate of $3,000 for 1 eligible zero emission vehicle purchased by the applicant; or

(b)for an applicant who is eligible for assistance under section 9—a rebate of $3,000 for each eligible zero emission vehicle, to a maximum of 5 vehicles, purchased by the applicant during a financial year.

8Eligibility criteria—assistance for individualsAn applicant who is an individual is eligible to receive assistance under the scheme if—

(a)the applicant resides in Queensland; and

(b)on or after 16 March 2022, the applicant—

(i)purchased an eligible zero emission vehicle from a motor dealer in Queensland; and

(ii)registered the vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 in the name of the applicant or another entity; and

(c)when the applicant purchased the vehicle, it—

(i)had not previously been registered in Queensland or elsewhere; and

(ii)had a dutiable value of $58,000 or less; and

(d)the applicant did not finance the purchase of the vehicle under a lease; and

(e)the applicant has not received assistance under the scheme for another eligible zero emission vehicle; and

(f)a person has not, in another State, received a rebate, grant or subsidy to offset the cost of purchasing the vehicle.

9Eligibility criteria—assistance for eligible entities(1)An applicant is eligible to receive assistance under the scheme for an eligible entity if—

(a)the applicant is—

(i)for an entity that is an eligible business—the owner of the business; or

(ii)for an entity that is an eligible non-profit organisation—the non-profit organisation; and

(b)on or after 16 March 2022, the applicant—

(i)purchased an eligible zero emission vehicle from a motor dealer in Queensland; and

(ii)registered the vehicle under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 in the name of the owner of the eligible business or the eligible non-profit organisation; and

(c)when the applicant purchased the vehicle, the vehicle—

(i)had not previously been registered in Queensland or elsewhere; and

(ii)had a dutiable value of $58,000 or less; and

(d)the applicant did not finance the purchase of the vehicle under a lease; and

(e)the applicant has not received assistance under the scheme for the eligible entity for more than 4 eligible zero emission vehicles purchased in the same financial year; and

(f)a person has not, in another State, received a rebate, grant or subsidy to offset the cost of purchasing the vehicle.

(2)In this section—owner, of an eligible business, means the sole trader, partnership, private company, public company or trust that carries on the business.10Scheme open from 1 July 2022The scheme—

(a)opens on 1 July 2022; and

(b)closes when the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.

11Requirements for applications(1)An application for assistance under the scheme must—

(a)be made on the application form approved by the authority; and

(b)be accompanied by the documents stated in the application form; and

(c)be given to the authority while the scheme is open under section 10.

(2)If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.12Deciding applications(1)The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 11(1).(2)The authority must consider applications in the order they are received by the authority.(3)The authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.(4)If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.