Rural and Regional Adjustment Act 1994Rural and Regional Adjustment Regulation 2011Part 1Preliminary1Short titleThis regulation may be cited as the Rural and Regional Adjustment Regulation 2011.2DefinitionIn this regulation—repealed regulation means the repealed Rural and Regional Adjustment Regulation 2000.Part 2Approved assistance schemes3Approval of schemes—Act, s 11(1)Each scheme set out in each of schedules 1 to 14, 20, 21, 23, 25 and 30 to 35 is approved under section 11(1)(c) of the Act.(2)Each scheme mentioned in schedule 16 is approved under section 11(4) of the Act.s 3 amd 2011 SL No. 192 s 3; 2012 SL No. 44 s 3; 2012 SL No. 51 s 3; 2012 SL No. 85 s 4; 2012 SL No. 176 s 3; 2012 SL No. 195 s 3; 2013 SL No. 19 s 3; 2013 SL No. 26 s 3; 2013 SL No. 81 s 3; 2013 SL No. 194 s 3; 2014 SL No. 51 s 3; 2014 SL No. 169 s 3; 2014 SL No. 180 s 3; 2015 SL No. 125 s 9; 2015 SL No. 148 s 6; 2016 SL No. 125 s 4; 2017 SL No. 37 s 3; 2017 SL No. 123 s 3; 2018 SL No. 54 s 4; 2018 SL No. 130 s 3; 2018 SL No. 131 s 4; 2018 SL No. 145 s 3; 2018 SL No. 189 s 3; 2019 SL No. 2 s 3; 2019 SL No. 128 s 3; 2019 SL No. 157 s 3; 2019 SL No. 158 s 3; 2019 SL No. 195 s 3Part 3Repeal4Repeal of regulationThe Rural and Regional Adjustment Regulation 2000, SL No. 124 is repealed.Part 4Savings and transitional provisionsDivision 1Transitional provisions for SL No. 155 of 2011div hdg ins 2013 SL No. 19 s 45Saving of operation of particular schemes and other provisions under repealed regulation(1)This section applies to the following provisions (each a saved provision) of the repealed regulation—

(a)part 5, divisions 2, 3 and 4;

(b)the schedule, parts 1, 2, 6, 9, 10, 13 to 17 and 19 to 27.

(2)Each saved provision—

(a)is a law to which the Acts Interpretation Act 1954, section 20A applies; and

(b)continues to apply to the things mentioned in it as if the repealed regulation had not been repealed.

6Continuation of particular schemes for particular purposes(1)This section applies if—

(a)before the commencement, a person applied for assistance under an approved assistance scheme under any of parts 3, 4, 5, 7, 8, 11, 12, 18 or 28 to 34 of the schedule of the repealed regulation; and

(b)immediately before the commencement, any of the following applied—

(i)the application had not been decided;

(ii)the authority had approved assistance for the person under the scheme and the person had not been given all of the assistance;

(iii)the scheme had otherwise not been fully administered in relation to the person.

(2)The scheme, as in force immediately before the commencement, continues to apply in relation to deciding the application, giving the assistance or otherwise administering the scheme, as if the repealed regulation had not been repealed.(3)In this section—commencement means commencement of this section.s 6 amd 2011 SL No. 192 s 4Division 2Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 1) 2013div 2 (s 7) ins 2013 SL No. 19 s 57References to eligible natural disasterIn a document, a reference to an eligible natural disaster may, if the context permits, be taken to be a reference to an eligible disaster.div 2 (s 7) ins 2013 SL No. 19 s 5Division 3Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 2) 2014div 3 (s 8) ins 2014 SL No. 51 s 48Saving of operation of particular schedulesSchedules 12 and 24, as in force immediately before the commencement of this section, are declared to be laws to which the Acts Interpretation Act 1954, section 20A applies.div 3 (s 8) ins 2014 SL No. 51 s 4Division 4Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 3) 2014div 4 (s 9) ins 2014 SL No. 92 s 49Saving of operation of provision of sch 1 for particular purpose(1)This section applies to an application for assistance under the scheme mentioned in schedule 1 if—

(a)the application was made before the commencement; and

(b)immediately before the commencement, the application had not been decided.

(2)Section 10 of the schedule, as in force immediately before the commencement, continues to apply for deciding the application.(3)In this section—commencement means commencement of this section.div 4 (s 9) ins 2014 SL No. 92 s 4Division 5Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 2) 2015div 5 (s 10) ins 2015 SL No. 74 s 310Special provision for TC Marcia(1)Existing schedule 23 continues to apply to administering the special disaster assistance scheme in relation to TC Marcia as if the schedule had not been amended.(2)To remove any doubt, it is declared that subsection (1) applies even if an assistance establishment notice or an amendment of an assistance establishment notice under existing schedule 23, section 6, for TC Marcia, is published on the authority’s website on or after the commencement.(3)In this section—eligible disaster means an eligible disaster under schedule 23, section 4 as in force before the commencement.existing, for schedule 23 or a provision of schedule 23, means the schedule or provision as in force immediately before the commencement.special disaster assistance scheme means the scheme under existing schedule 23.TC Marcia means the eligible disaster described as ‘Severe Tropical Cyclone Marcia and South East QLD trough’ in the assistance establishment notice published on the authority’s website on 23 March 2015.div 5 (s 10) ins 2015 SL No. 74 s 3Division 6Transitional provision for Rural and Regional Adjustment (White Spot Disease Concessional Loan Scheme) Amendment Regulation 2017div hdg ins 2017 SL No. 123 s 411Change of interest rateThe amendment of schedule 1, section 6(8), definition base lending rate by the Rural and Regional Adjustment (White Spot Disease Concessional Loan Scheme) Amendment Regulation 2017 applies in relation to loans drawn down before or after the commencement.s 11 ins 2017 SL No. 123 s 4Division 7Transitional provisions for Rural and Regional Adjustment (Disaster Assistance Schemes) Amendment Regulation 2018div hdg ins 2018 SL No. 172 s 312References to former names of approved assistance schemesA reference in a document to the name of an approved assistance scheme (the former name) stated in column 1 of the following table may, if the context permits, be taken to be a reference to the name of the scheme stated opposite the former name in column 2 of the table.Column 1Column 2Natural Disaster Relief (Primary Producers) SchemeDisaster Assistance (Primary Producers) Loan SchemeNatural Disaster Relief (Small Business) SchemeDisaster Assistance (Small Business) Loans SchemeNatural Disaster Relief (Essential Working Capital) SchemeDisaster Assistance (Essential Working Capital) Loans SchemeNatural Disaster Relief (Non-profit Organisations) SchemeDisaster Assistance (Non-profit Organisations) Loans SchemeNatural Disaster Recovery Grants SchemeSpecial Disaster Assistance Recovery Grants Scheme

s 12 ins 2018 SL No. 172 s 313Undecided applications for assistance under particular schemes(1)This section applies if—

(a)before the commencement, an application for assistance was made under any of the following provisions—

(i)schedule 2, section 12;

(ii)schedule 3, section 10;

(iii)schedule 21, section 12;

(iv)schedule 23, section 23; and

(b)immediately before the commencement, the application had not been decided.

(2)The following provisions, as in force immediately before the commencement, continue to apply for deciding the application as if the Rural and Regional Adjustment (Disaster Assistance Schemes) Amendment Regulation 2018 had not commenced—

(a)for an application under schedule 2, section 12—schedule 2;

(b)for an application under schedule 3, section 10—schedule 3;

(c)for an application under schedule 21, section 12—schedule 21;

(d)for an application under schedule 23, section 23—schedule 23.

s 13 ins 2018 SL No. 172 s 314Loan terms and repayments under particular schemes(1)This section applies if—

(a)before the commencement, an applicant had been given a loan under any of the following provisions—

(i)schedule 2, section 5;

(ii)schedule 3, section 5;

(iii)schedule 7, section 6;

(iv)schedule 21, section 5; and

(b)immediately before the commencement, the loan had not been repaid.

(2)The following provisions, as in force immediately before the commencement, continue to apply in relation to the loan as if the Rural and Regional Adjustment (Disaster Assistance Schemes) Amendment Regulation 2018 had not commenced—

(a)for a loan under schedule 2, section 5—schedule 2, section 10(5);

(b)for a loan under schedule 3, section 5—schedule 3, section 9(6);

(c)for a loan under schedule 7, section 6—schedule 7, section 10(2) and (3);

(d)for a loan under schedule 21, section 5—schedule 21, section 10(2) and (3).

(3)Schedule 21, section 10(3) does not apply in relation to a loan under schedule 21, section 5 mentioned in subsection (1).(4)To remove any doubt, it is declared that subsection (3) does not prevent the authority increasing the interest rate charged for the loan in accordance with an agreement for the loan entered into before the commencement.s 14 ins 2018 SL No. 172 s 3Schedule 1Primary Industry Productivity Enhancement Schemesection 3(1)sch hdg amd 2011 SL No. 192 s 5Part 1Preliminary1Objective of schemeThe objective of the scheme is to provide assistance that will—

(a)strengthen the economy of Queensland regions; and

(b)facilitate the development of sustainable primary production in Queensland.

2Application of scheme(1)The scheme consists of the following programs—

(a)the first start program;

(b)the sustainability program.

(2)An applicant may apply for assistance under more than 1 program.3Definitions for sch 1In this schedule—approved application form, for a program under the scheme, means the application form approved by the authority for the program.commercial wild-catch fishing means the fishing and harvesting for commercial purposes of marine and freshwater species from a wild population that are caught in their natural environment.eligible activities means the eligible activities decided under section 5.first start program means the part of the scheme set out in parts 2 and 3.management plan, of an applicant applying for assistance under the scheme, means a plan that—

(a)includes details of the activity for which the applicant is applying for assistance; and

(b)adopts a timely whole of business approach to sustainable primary production and includes components of sustainable management relevant to—

(i)viability; and

(ii)productivity; and

(iii)managing the impacts of the activity on the natural resource base where the activity is to be carried out and other ecosystems affected by the activity; and

(iv)managing business and climate risks; and

(c)if the assistance is for on-farm activities—identifies and states the area of land affected by the application; and

(d)complies with the guidelines for management plans under the scheme that are issued by the authority.Editor’s note—A copy of the guidelines for management plans under the scheme may be obtained from the authority.

mutual obligation condition see section 11(1).primary producer means—

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or

(b)in relation to a partnership, proprietary company or trust that carries on a primary production enterprise, any partner in the partnership, shareholder in the company or beneficiary of the trust who spends the majority of their labour on, and derives the majority of their income from, the primary production enterprise.

def primary producer amd 2016 SL No. 183 s 3 (2)primary production enterprise means a business—

(a)that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and

(b)for which an entity holds an Australian Business Number.

proprietary company means a proprietary company within the meaning of the Corporations Act.def proprietary company ins 2016 SL No. 183 s 3 (1)scheme means the scheme set out in this schedule.sharefisher means a person who—

(a)works in a business in the commercial wild-catch fishing industry; and

(b)shares the proceeds of the business with the owner of the business.

sustainability program means the part of the scheme set out in parts 2 and 4.Part 2General provisions for scheme4Nature of assistanceThe nature of the assistance that may be given under the scheme is loans at concessional rates of interest to applicants who—

(a)are carrying out eligible activities; and

(b)under section 14 or 18, are eligible to receive assistance under the scheme.

5Eligible activities(1)The chief executive must—

(a)decide the activities that are eligible activities for each program under the scheme; and

(b)notify the authority about the decision made under paragraph (a).

(2)When deciding whether an activity is an eligible activity for a program, the chief executive must consult with relevant public sector entities.6Interest rate(1)The initial interest rate under the scheme for a loan to an applicant will be worked out when the applicant first draws down the loan or part of the loan.(2)The initial interest rate for the loan—

(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the applicant first draws down the loan or part of the loan; and

(b)is worked out by the authority based on the base lending rate when the interest rate is fixed.

(3)At any time during the term of the loan after any period decided under subsection (2)(a), the authority may agree to fix the interest rate for periods of 1, 3 or 5 years.(4)The interest rate fixed for the loan under subsection (3) is worked out by the authority based on the base lending rate when the interest rate is fixed.(5)The authority may, during the term of the loan, increase the interest rate from the interest rate mentioned in subsection (2) or (3) to a commercial rate.(6)If, under subsection (5), the authority decides to increase the interest rate because the applicant’s financial capacity improves during the term of the loan, the authority may decide the extent to which the interest rate for the loan is to increase—

(a)in an annual review of the loan; and

(b)based on the improvement.

(7)The authority may decide the extent to which the interest rate is to increase under subsection (6) more than once in relation to the applicant.(8)In this section—base lending rate means the 1, 3 or 5 year lending rate, as appropriate, of the Queensland Treasury Corporation, plus a margin decided by the authority and approved by the Minister.s 6 amd 2016 SL No. 183 s 4; 2017 SL No. 123 s 57Terms of repayment(1)Repayment of principal and interest on a loan granted to an applicant under the scheme will be—

(a)initially calculated using a period of up to the maximum term of the loan; and

(b)tailored to the applicant’s individual requirements based on the applicant’s income patterns.

(2)The authority may give the applicant an interest only period of not more than 5 years.(3)The loan will have an interest rate fixed under section 6.s 7 amd 2016 SL No. 183 s 58SecurityIf an applicant is given a loan under the scheme, the applicant must give security for the loan that the authority is satisfied is commensurate with the amount of the loan. s 8 sub 2016 SL No. 183 s 69ApplicationsAn application for assistance under the scheme must be—

(a)made on the approved application form for the program under which the applicant is applying; and

(b)accompanied by the documents stated on the approved application form; and

(c)given to the authority.

10Deciding applications(1)Subject to subsection (2), the authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.(2)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.s 10 sub 2014 SL No. 92 s 511Mutual obligation condition of loan—reporting outcomes(1)It is a condition (mutual obligation condition) of a loan under the scheme that the applicant for the loan give the authority reports on the outcomes achieved with the funds loaned to the applicant.(2)The reports must be given to the authority in the form, and at the intervals, stated in the written offer of a loan given to the applicant by the authority.11AApplication to consolidate loans(1)This section applies if—

(a)a person has at least 1 loan under a program under the scheme and has applied for another loan under the same program; or

(b)a person has 2 or more loans under the same program.

(2)The person may apply to consolidate the loans into a single loan. (3)The application must be—

(a)in the approved application form; and

(b)accompanied by the documents stated on the approved application form; and

(c)given to the authority.

s 11A ins 2016 SL No. 183 s 711BApproving application to consolidate loans(1)The authority must consider, and decide to approve or refuse to approve, an application to consolidate loans made under section 11A.(2)If the authority approves the consolidation of the loans, the term of, and the initial interest rate for, the consolidated loan is the term and rate decided by the authority. (3)The initial interest rate for the consolidated loan—

(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the loan is consolidated; and

(b)is worked out by the authority based on the base lending rate when the applicant applies to consolidate the loan.

(4)In this section—base lending rate see section 6(8).s 11B ins 2016 SL No. 183 s 7Part 3First start program12Purpose of assistance under first start program(1)The first start program is designed to provide finance to an applicant in the first years of establishment of the applicant’s primary production enterprise.(2)The purpose of assistance under the first start program is to enable an applicant to become a primary producer by assisting the applicant—

(a)to acquire and operate a viable primary production enterprise; or

(b)to acquire and operate a primary production enterprise on a staged basis, as part of a longer term plan for the applicant to operate a viable primary production enterprise; or

(c)to enter the existing primary production enterprise of the applicant’s parents or other family member, as a part of a longer term plan for the applicant to operate a viable primary production enterprise in the applicant’s own right; or

(d)to enter into a leasing, sharefarming or sharefishing arrangement that will lead to the applicant operating a viable primary production enterprise; or

(e)to upgrade, build up or develop the applicant’s existing non-viable primary production enterprise that has not generated the majority of the applicant’s income to one of an economically sustainable size.

13Maximum loan amountsThe maximum amount of a loan, or the total outstanding loan balance, under the first start program is $2,000,000.s 13 amd 2016 SL No. 183 s 814Eligibility criteria(1)For an applicant to be eligible to receive assistance under the first start program, the applicant must—

(a)have resided in Queensland for at least 6 months; and

(b)not own, or have disposed of, a viable primary production enterprise; and

(c)demonstrate financial need for the assistance; and

(d)if the loan is to enter the existing primary production enterprise or buy the applicant’s parents’ or other family member’s assets, be able to demonstrate—

(i)the parents or family member is not in a financial position to completely effect a transfer of the assets; and

(ii)the purchase is not merely a refinance arrangement; and

(e)demonstrate adequate experience or other qualifications to give the applicant a reasonable prospect of success in the particular industry the applicant wishes to enter; and

(f)be able to demonstrate—

(i)for buying a primary production enterprise—the applicant will have 50% equity in the enterprise; or

(ii)for a leasing, sharefarming or sharefishing arrangement—the applicant will pay 50% of the set-up costs of the enterprise; and

(g)demonstrate adequate funding for carry-on purposes; and

(h)demonstrate sound prospects for commercial viability in the long-term development of the primary production enterprise, in accordance with the planned progression, and the capacity to service proposed debt from the enterprise and other forms of income; and

(i)trade in the applicant’s own right or satisfy the authority that the applicant’s entry into the existing primary production enterprise of the applicant’s parents or other family member is part of a longer term plan to ultimately trade in the applicant’s own right; and

(j)give the authority a management plan that shows the stages of a planned progression towards a viable first primary production enterprise.

(2)However, for subsection (1)(f), the authority may, in relevant circumstances, vary the amount of equity in the enterprise that the applicant is required to demonstrate.Example of relevant circumstances—An applicant has limited equity in the primary production enterprise but has a stable wage, salary or other off-farm income. s 14 amd 2016 SL No. 183 s 915Maximum term of loanThe maximum term of a loan is 20 years.Part 4Sustainability program16Purpose of assistance under sustainability programThe purpose of assistance under the sustainability program is to enable a primary producer to implement systems and management practices that enhance the sustainability of the primary producer’s primary production enterprise by—

(a)increasing productivity and long-term viability; and

(b)avoiding or minimising adverse impacts on—

(i)the natural resource base where the activity for which the assistance is received is performed; and

(ii)other ecosystems affected by the activity; and

(c)adopting systems and practices to mitigate the effects of climate, drought and market risks.

s 16 amd 2016 SL No. 183 s 1017Maximum loan amounts and outstanding loan balances(1)The maximum amount of a loan under the sustainability program is $1,300,000.(2)The maximum combined outstanding loan balance under the sustainability program and any of the following is $1,300,000—

(a)the former development program;

(b)the former resource management program;

(c)the former development program and former resource management program.

(5)In this section—former development program means the development program in force under the repealed regulation, schedule, part 3, divisions 2 and 4 immediately before 10 December 2010.former resource management program means the resource management program in force under the repealed regulation, schedule, part 3, divisions 2 and 5 immediately before 10 December 2010.s 17 amd 2016 SL No. 183 s 1118Eligibility criteria(1)To be eligible to receive assistance under the sustainability program, the applicant must—

(a)demonstrate to the satisfaction of the authority—

(i)that the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and

(ii)that an interested person for the primary production enterprise is a primary producer; and

(iii)the primary production enterprise has been carried on for at least 2 years; and

(iv)sound prospects for commercial viability, and the ability to service the loan, in the long term; and

(v)that the amount of the primary production enterprise’s non-enterprise or liquid assets is not more than the amount needed for prudent risk management; and

(vi)if the assistance is sought to rationalise a partnership—that the proposal for the rationalisation is not merely a refinance arrangement; and

(vii)if the assistance is sought to upgrade, buy or replace plant or machinery—the plant or machinery will be used predominantly for the enterprise; and

(b)demonstrate a financial need for the assistance; and

(c)give the authority a management plan that outlines the intended outcomes associated with the activity for which the applicant is applying for assistance; and

(d)if the assistance is sought for on-farm activities for which a licence, permit, approval or other authorisation under an Act is required before the activity can be conducted—give the authority a copy of the authorisation.

(2)In this section—interested person, for a primary production enterprise, means—

(a)if the enterprise is carried on by a sole trader—the sole trader; or

(b)if the 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.

s 18 amd 2016 SL No. 183 s 1219Maximum term of loan The maximum term of a loan is 20 years.s 19 sub 2016 SL No. 183 s 13Schedule 2Disaster Assistance (Primary Producers) Loans Schemesection 3(1)sch hdg amd 2011 SL No. 192 s 5; 2018 SL No. 172 s 4Part 1Preliminary1Definitions for sch 2In this schedule—applicant means a person applying for financial assistance under the scheme.application means an application for financial assistance under the scheme.appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003.carry-on requirements see section 5(b).defined disaster area, for an eligible disaster, means an area that the appropriate Minister has defined for the purpose of activating the disaster recovery funding arrangements for the communities affected by the disaster.Editor’s note—Defined disaster areas are published on the authority’s website.def defined disaster area amd 2013 SL No. 19 s 6; 2018 SL No. 172 s 5 (3)development see the Planning Act 2016, schedule 2.def development sub 2017 SL No. 103 s 113disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.Editor’s note—The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.def disaster recovery funding arrangements ins 2018 SL No. 172 s 5 (2)eligible disaster means—

(a)a natural disaster; or

(b)a terrorist act.

def eligible disaster (prev def eligible natural disaster) amd 2013 SL No. 19 s 6sub 2018 SL No. 172 s 5 (1)–(2)IDSP certificate, in relation to an applicant’s primary production enterprise, means a certificate issued by the chief executive stating—

(a)for an enterprise involving commercial wild-catch fishing—that in the chief executive’s opinion, a boat or equipment used to carry on the enterprise has been lost or damaged because of an eligible disaster that has significantly affected, or will significantly affect, the enterprise; or

(b)otherwise—the property where the enterprise is carried on has sustained damage because of an eligible disaster that has significantly affected, or will significantly affect, the enterprise.

def IDSP certificate amd 2013 SL No. 19 s 6individual disaster stricken enterprise see section 3.natural disaster see section 2.def natural disaster ins 2018 SL No. 172 s 5 (2)natural disaster relief and recovery arrangements ...def natural disaster relief and recovery arrangements om 2018 SL No. 172 s 5 (1)primary producer means—

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or

(b)in relation to a partnership, company or trust that carries on a primary production enterprise, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the primary production enterprise.

primary production enterprise means a business—

(a)that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and

(b)for which an entity holds an Australian Business Number.

property, of an applicant—

(a)means the land on which the applicant carries on a primary production enterprise (other than commercial wild-catch fishing) in relation to which the applicant has applied for assistance under the scheme; and

(b)includes the assets of the primary production enterprise on the land.

def property sub 2018 SL No. 172 s 5 (1)–(2)scheme means the scheme set out in this schedule.terrorist act see the Police Powers and Responsibilities Act 2000, section 211.def terrorist act ins 2018 SL No. 172 s 5 (2)2Meaning of natural disaster(1)A natural disaster means any of the following events—

(a)a bushfire;

(b)a cyclone;

(c)a flood;

(d)an earthquake;

(e)a storm, including any of, or any combination of, the following—

(i)hail;

(ii)rain;

(iii)wind;

(f)a storm surge;

(g)a landslide;

(h)a meteorite strike;

(i)a tornado;

(j)a tsunami.

(2)However, an event, other than an event mentioned in subsection (1)(a), is not a natural disaster if the authority considers human activity significantly contributed to the event or loss or damage suffered because of the event.Examples of human activity for subsection (2)—

•a deliberate act

•an accident

•development

s 2 amd 2012 SL No. 176 s 4; 2013 SL No. 19 ss 6, 7; 2018 SL No. 172 s 63Meaning of individual disaster stricken enterprise(1)A primary production enterprise involving commercial wild-catch fishing is an individual disaster stricken enterprise if—

(a)the enterprise has been, or will be, significantly affected by the loss of, or damage to, a boat or equipment used in carrying on the enterprise because of an eligible disaster; and

(b)either—

(i)there is no defined disaster area for the disaster; or

(ii)there is a defined disaster area for the disaster and the boat or equipment was not in the area when the disaster happened.

(2)Another primary production enterprise is an individual disaster stricken enterprise if—

(a)the enterprise has been, or will be, significantly affected by damage to the property where the enterprise is carried on because of an eligible disaster; and

(b)either—

(i)there is no defined disaster area for the disaster; or

(ii)there is a defined disaster area for the disaster and the property is not in the area.

s 3 amd 2013 SL No. 19 s 64Purpose of assistance(1)The purpose of assistance under the scheme is to assist in meeting the needs of primary producers affected by an eligible disaster of substantial magnitude, to recover from the disaster.(2)However, assistance under the scheme is not intended to—

(a)compensate primary producers for losses suffered; or

(b)encourage primary producers in marginal production areas to increase risks in their farming operations.

s 4 amd 2013 SL No. 19 s 6Part 2Natural disaster relief assistance5Nature of assistanceThe nature of the assistance that may be given under the scheme is the provision of loans for—

(a)restocking; or

(b)meeting requirements for carrying on production (carry-on requirements), including—

(i)replanting, restoring or re-establishing areas affected by an eligible disaster; or

(ii)sustenance; or

(iii)essential property operations; or

(iv)paying rent or rates, or costs of repair or replacement of farm buildings.

s 5 amd 2013 SL No. 19 s 66Maximum loan amounts(1)Subject to subsection (2), the maximum amount of a loan under the scheme for an eligible disaster for which the disaster recovery funding arrangements were activated before 13 January 2008 is—

(a)$100,000 for restocking; or

(b)$100,000 for meeting carry-on requirements.

(2)The total amount lent to an applicant under the scheme for an eligible disaster mentioned in subsection (1) must not be more than $150,000.(3)The total amount lent to an applicant under the scheme for any 1 eligible disaster for which the disaster recovery funding arrangements were activated on or after 13 January 2008 must not be more than $250,000.s 6 amd 2013 SL No. 19 s 6; 2018 SL No. 172 s 77Eligibility criteria(1)For an applicant to be eligible to receive assistance under the scheme for an eligible disaster, the authority must be satisfied—

(a)the applicant is a primary producer; and

(b)if the applicant’s primary production enterprise involves wild-catch fishing—

(i)a boat or equipment used in carrying on the enterprise has been lost or damaged as a direct result of the disaster; and

(ii)either—

(A)the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or

(B)the enterprise is an individual disaster stricken enterprise as a result of the disaster; and

(c)if paragraph (b) does not apply to the primary production enterprise—

(i)the property where the enterprise is carried on has been significantly damaged as a direct result of the disaster; and

(ii)either—

(A)the property is in the defined disaster area for the disaster; or

(B)the enterprise is an individual disaster stricken enterprise as a result of the disaster; and

(d)if the applicant claims the primary production enterprise is an individual disaster stricken enterprise, the applicant has given the authority an IDSP certificate or made reasonable efforts to obtain an IDSP certificate for the enterprise; and

(e)the applicant has taken reasonable precautions to avoid or minimise loss or damage from the disaster; andExample for paragraph (e)—The applicant had adequate insurance against loss or damage from the disaster.

(f)the applicant has used all of the applicant’s liquid assets and all normal credit sources up to normal credit limits; and

(g)the primary production enterprise will be viable with the assistance given; and

(h)the applicant has not taken excessive risks in carrying on the primary production enterprise.

(2)For deciding whether or not a primary production enterprise is an individual disaster affected enterprise under subsection (1)(b)(ii)(B) or (1)(c)(ii)(B), the authority must have regard to—

(a)the IDSP certificate, if any, issued for the enterprise; or

(b)if the chief executive has refused to issue an IDSP certificate for the enterprise—the reasons for the refusal.

s 7 amd 2013 SL No. 19 s 6; 2018 SL No. 172 s 88Interest rates(1)If an applicant’s property is in a defined disaster area for the disaster to which the applicant’s application relates, the applicant may be given a loan under the scheme at a concessional interest rate decided by the authority.(2)Subject to subsection (3), if an applicant’s primary production enterprise is an individual disaster stricken enterprise, the applicant may only be given a loan under the scheme at a current commercial lending rate.(3)An applicant under subsection (2) may be given a loan at a concessional interest rate if the authority considers—

(a)the applicant’s financial position is desperate but viable; and

(b)the applicant’s circumstances are exceptional.

9Security(1)If an applicant is granted a loan under the scheme, the applicant must give security for the loan.(2)The security required is—

(a)a mortgage of land or other assets, commensurate with the amount of the loan; and

(b)other security, if any, the authority considers necessary, including, for example, a crop lien or stock mortgage.

10Terms of repayment(1)The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.(2)The amounts of the repayments of principal and interest under the loan are the amounts decided by the authority, subject to subsections (3) and (4).(3)The authority may—

(a)review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and

(b)if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.

(4)The authority may allow deferral of repayments of the principal under the loan for up to 2 years if the principal and interest are repaid over the balance of the term of the loan.s 10 amd 2018 SL No. 172 s 911Review by authorityAssistance given to a primary producer under the scheme is subject to an annual review by the authority.12Application(1)An application must be—

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

(b)accompanied by—

(i)the documentation stated on the application form; and

(ii)if an IDSP certificate has been issued for the primary production enterprise to which the application relates—the IDSP certificate.

(2)An applicant must give the completed application form to the authority or the applicant’s commercial lender for referral to the authority.Schedule 3Disaster Assistance (Small Business) Loans Schemesection 3(1)sch hdg amd 2011 SL No. 192 s 5; 2018 SL No. 172 s 101Definitions for sch 3In this schedule—applicant means a person applying for financial assistance under the scheme.appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003.def appropriate Minister ins 2018 SL No. 172 s 11 (2)defined disaster area, for an eligible disaster, means an area—

(a)defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and

(b)described in a document held by the authority and available for inspection by members of the public.Editor’s note—Defined disaster areas are published on the authority’s website.

def defined disaster area ins 2018 SL No. 172 s 11 (2)development see the Planning Act 2016, schedule 2.def development sub 2017 SL No. 103 s 114disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.Editor’s note—The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.def disaster recovery funding arrangements ins 2018 SL No. 172 s 11 (2)eligible disaster means—

(a)a natural disaster; or

(b)a terrorist act.

def eligible disaster (prev def eligible natural disaster) amd 2013 SL No. 19 s 6sub 2018 SL No. 172 s 11natural disaster see section 2.def natural disaster ins 2018 SL No. 172 s 11 (2)natural disaster relief and recovery arrangements ...def natural disaster relief and recovery arrangements om 2018 SL No. 172 s 11 (1)scheme means the scheme set out in this schedule.small business see section 3.small business owner means—

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a small business; or

(b)in relation to a partnership, company or trust that carries on a small business, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the small business.

terrorist act see the Police Powers and Responsibilities Act 2000, section 211.def terrorist act ins 2018 SL No. 172 s 11 (2)2Meaning of natural disaster(1)A natural disaster means any of the following events—

(a)a bushfire;

(b)a cyclone;

(c)a flood;

(d)an earthquake;

(e)a storm, including any of, or any combination of, the following—

(i)hail;

(ii)rain;

(iii)wind;

(f)a storm surge;

(g)a landslide;

(h)a meteorite strike;

(i)a tornado;

(j)a tsunami.

•a deliberate act

•an accident

•development

s 2 amd 2012 SL No. 176 s 5; 2013 SL No. 19 ss 6, 8; 2018 SL No. 172 s 123Meaning of small business(1)A small business is a business—

(a)for which an entity holds an Australian Business Number; and

(b)in which are employed fewer than—

(i)20 full-time employees; or

(ii)if the business has employees other than full-time employees—20 equivalent full-time employees; and

(c)that is not operated by a public company.

(a)whose buildings, plant and equipment or stock have been significantly damaged by an eligible disaster; and

(b)who are unable to obtain finance on ordinary commercial terms but have sound prospects of long-term viability.

(2)However, assistance under the scheme is not intended to compensate business owners for losses suffered.s 4 amd 2013 SL No. 19 s 65Nature of assistanceThe nature of the assistance under the scheme for a small business is the provision of concessional loans for re-establishing the viable operation of the business, including by doing any of the following—

(a)repairing or replacing damaged plant and equipment;

(b)repairing or replacing buildings;

(c)supplying stock for up to 1 month to replace lost stock and maintain liquidity of the business.

6Maximum loan amounts(1)The amount of loan assistance for an applicant under the scheme—

(a)is based on the authority’s assessment of the applicant’s financial position, including any amount recovered by the applicant under an insurance policy; and

(b)must not be more than the amount of the net loss to the applicant’s small business caused by the eligible disaster to which the applicant’s application relates.

(2)However, the amount of loan assistance for an applicant under the scheme for an eligible disaster for which the disaster recovery funding arrangements were activated before 13 January 2008 must not be more than—

(a)$100,000; or

(b)if there is more than 1 loan given to the applicant under the scheme—a cumulative total of $150,000.

(3)Also, the total amount lent to an applicant under the scheme for any 1 eligible disaster for which the disaster recovery funding arrangements were activated on or after 13 January 2008 must not be more than $250,000.s 6 amd 2013 SL No. 19 s 6; 2014 SL No. 169 s 4; 2018 SL No. 172 s 147Eligibility criteria(1)For an applicant to be eligible to receive assistance under the scheme for an eligible disaster, the authority must be satisfied—

(a)the applicant is a small business owner; and

(b)immediately before the eligible disaster, the applicant carried on a small business in the defined disaster area; and

(c)the applicant has sustained substantial damage to buildings, plant, equipment or stock of the small business as a result of the eligible disaster; and

(d)the applicant has not taken excessive risks in carrying on the small business; andExample for paragraph (d)—The authority is satisfied the applicant’s capital expenditure for the small business has not been excessive.

(e)the applicant has taken reasonable precautions to avoid or minimise loss or damage from the eligible disaster; andExample for paragraph (e)—The authority is satisfied the applicant has adequate insurance against loss or damage from the disaster.

(f)the applicant is responsible for the cost of essential repairs or replacement of the damaged assets and as a result has had liquidity severely affected; and

(g)the applicant has used all liquid assets and normal credit sources up to normal credit limits; and

(h)the applicant can not repair or replace the damaged assets, or return to viable operations from the applicant’s own resources, without assistance under the scheme; and

(i)the applicant will continue to carry on or will re-establish the small business at the same place or elsewhere in the local government area where the business was carried on before the eligible disaster; and

(j)with the assistance under the scheme, the applicant has reasonable prospects of carrying on or re-establishing the small business on a viable basis.

(2)A public company, whether acting alone or with another company, is not eligible for assistance under the scheme.s 7 amd 2013 SL No. 19 s 6; 2018 SL No. 172 s 158SecurityA loan under the scheme must be secured to the satisfaction of the authority.9Terms of repayment(1)The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.(2)The amounts of the repayments of principal and interest under the loan are the amounts decided by the authority, subject to subsections (3) and (4).(3)The authority may—

(a)review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and

(b)if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.

(4)The authority may allow deferral of repayments of the principal under the loan for up to 2 years, if the principal and interest are repaid over the balance of the approved term of the loan.s 9 amd 2018 SL No. 172 s 1610ApplicationAn application for assistance under the scheme must be—

(a)made on the authority’s application form; and

(b)given to the authority or to the applicant’s lender for referral to the authority.

Schedule 4Drought Carry-on Finance Schemesection 3(1)sch hdg amd 2011 SL No. 192 s 51Definitions for sch 4In this schedule—primary producer means—

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or

primary production enterprise means a business—

(a)that involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; and

(b)for which an entity holds an Australian Business Number.

2Objective of schemeThe objective of the scheme is to assist primary producers who are carrying on primary production enterprises in areas notified by the Minister under section 5(2) to recover from the impact of drought to which the notification relates.3Nature of assistanceThe nature of the assistance that may be given under the scheme is loans at concessional rates of interest.4Maximum loan amountsThe maximum amount of a loan, or total outstanding loan balance, under the scheme is $100,000.5Eligibility criteria(1)For an applicant to be eligible to receive assistance under the scheme—

(a)the applicant must—

(i)be a primary producer; and

(ii)own or occupy land, and carry on a primary production enterprise on the land, in an area of a local government that the Minister decides is severely drought affected; and

(iii)demonstrate that the current net value of the land is not greater than $2m; and

(b)the authority must be satisfied that—

(i)the applicant’s primary production enterprise has sound prospects for commercial viability, and the applicant has the ability to service the loan, in the long term; and

(ii)the amount of the applicant’s non-enterprise or liquid assets, other than insurance bonds and superannuation, is not more than the assets test limit for homeowners—couple (combined) for all Centrelink allowances and full pensions; and

(iii)the applicant has taken reasonable precautions to minimise the effects of drought; and

(iv)the drought has impacted adversely on the applicant’s primary production enterprise, causing a financial need for the assistance.

(2)The Minister must notify each decision made by the Minister under subsection (1)(a)(ii) on the authority’s website.6Maximum term of loanThe maximum term of a loan is 7 years.7Terms of repayment(1)Repayment of principal and interest on a loan will be initially calculated using a period of up to 7 years.(2)An interest only period of not more than 2 years may be available.(3)A loan will have an initial interest rate that is fixed under section 8.8Interest rate(1)The initial interest rate under the scheme for a loan to an applicant will be worked out when the applicant first draws down the loan or part of the loan.(2)The initial interest rate for the loan—

(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the applicant first draws down the loan or part of the loan; and

(b)is worked out by the authority based on the base lending rate for the relevant period.

(3)The authority may, during the term of the loan, increase the interest rate from the interest rate mentioned in subsection (2) to a commercial rate.(4)If, under subsection (3), the authority decides to increase the interest rate because the applicant’s financial capacity improves during the term of the loan, the authority may decide the extent to which the interest rate for the loan is to increase—

(a)in an annual review of the loan; and

(b)based on the improvement.

(5)The authority may decide the extent to which the interest rate is to increase under subsection (4) more than once in relation to the applicant.(6)In this section—base lending rate means the rate decided by the authority for each 6 month period in each year that is the 1, 3 or 5 year lending rate, as appropriate, of the Queensland Treasury Corporation, plus 1%.9Security(1)If an applicant is granted a loan under the scheme, the applicant must give security for the loan.(2)The security required is—

(a)a mortgage of land or other assets, commensurate with the amount of the loan; or

(b)any other security the authority considers necessary, including, for example, a crop lien or stock mortgage.

10Applications(1)An application for assistance under the scheme must be—

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

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

(c)given to the authority.

(2)Applications must be made no later than the day decided by the Minister.(3)The Minister must notify each decision made by the Minister under subsection (2) on the authority’s website.11Deciding applicationsThe authority must consider, and decide to approve or refuse to approve, each application for assistance.Schedule 5Drought Recovery Schemesection 3(1)sch hdg amd 2011 SL No. 192 s 51Definitions for sch 5In this schedule—crop materials see section 3(a).primary producer means—

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or

primary production enterprise means a business—

(a)that involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; and

(b)for which an entity holds an Australian Business Number.

(a)to plant or invigorate crops by assisting them to buy chemicals, fertiliser, fuel, seed or seedlings (crop materials); and

(b)to restock by assisting them to buy stock.

4Nature of assistanceThe nature of the assistance that may be given under the scheme is loans at concessional rates of interest.5Maximum loan amounts(1)The maximum amount of a loan, or total outstanding loan balance, under the scheme is $200,000.(2)If a loan is to assist with planting or invigorating crops—

(a)the maximum loan amount to buy crop materials is $60,000; and

(b)the loan will be limited to the cost of planting or invigorating a crop for an area that is the average of the areas planted for the previous 3 crops.

(3)If the loan is for restocking, the maximum amount of a loan is—

(a)for buying breeding stock—$200,000; or

(b)for buying stock other than breeding stock—$100,000.

6Eligibility criteria(1)For an applicant to be eligible to receive assistance under the scheme—

(a)the applicant must—

(i)be a primary producer; and

(ii)own or occupy land, and carry on a primary production enterprise on the land, in an area of a local government that the Minister decides is severely drought affected; and

(iii)demonstrate that the current net value of the land is not greater than $2m; and

(b)the authority must be satisfied that—

(i)the applicant’s primary production enterprise has sound prospects for commercial viability, and the applicant has the ability to service the loan, in the long term; and

(ii)the applicant has exhausted all liquid assets and lines of credit the authority considers suitable; and

(iii)there is a financial need for the assistance.

(2)The Minister must notify each decision made by the Minister under subsection (1)(a)(ii) on the authority’s website.7Maximum term of loanThe maximum term of a loan is—

(a)for buying crop materials—5 years; or

(b)for buying stock—7 years.

8Terms of repayment(1)Repayment of principal and interest on a loan to a primary producer will be initially worked out—

(a)for buying crop materials—using a period of up to 5 years; or

(b)for buying stock—using a period of up to 7 years.

(2)However, repayment of principal and interest on the loan will be tailored to the primary producer’s individual requirements based on the producer’s income patterns.(3)If a loan is to buy crop materials for planting or invigorating a crop, repayment of the loan must be made from proceeds of the sale of the crop and, if the authority decides, from proceeds of the sale of any subsequent crop.(4)A loan will have an initial interest rate that is fixed under section 9.9Interest rate(1)The initial interest rate under the scheme for a loan to an applicant will be worked out when the applicant first draws down the loan or part of the loan.(2)The initial interest rate for the loan—

(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the applicant first draws down the loan or part of the loan; and

(b)is worked out by the authority based on the base lending rate for the relevant period.

(a)in an annual review of the loan; and

(b)based on the improvement.

(5)The authority may decide the extent to which the interest rate is to increase under subsection (4) more than once in relation to the applicant.(6)In this section—base lending rate means the rate decided by the authority for each 6 month period in each year that is the 1, 3 or 5 year lending rate, as appropriate, of the Queensland Treasury Corporation, plus 1%.10Security(1)If an applicant is granted a loan under the scheme, the applicant must give security for the loan.(2)The security required is—

(a)a mortgage of land or other assets, commensurate with the amount of the loan; or

(b)any other security the authority considers necessary, including, for example, a crop lien or stock mortgage.

11Applications(1)An application for assistance under the scheme must be—

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

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

(c)given to the authority.

(2)Applications must be made no later than the day decided by the Minister.(3)The Minister must notify each decision made by the Minister under subsection (2) on the authority’s website.12Deciding applicationsThe authority must consider, and decide to approve or refuse to approve, each application for assistance.13Payment(1)This section applies to the authority making payments to—

(a)a primary producer who is receiving assistance under the scheme; or

(b)a person from whom the producer has bought crop materials or stock.

(2)Payment may be made only if the primary producer gives the authority an invoice or receipt as evidence for the amounts to be paid.Schedule 6Small Business Emergency Assistance Schemesection 3(1)sch hdg amd 2011 SL No. 192 s 51Definitions for sch 6In this schedule—Commonwealth Act means the Rural Adjustment Act 1992 (Cwlth).EC declaration means a declaration under the Commonwealth Act of an area as an area undergoing exceptional circumstances.small business see section 2.2Meaning of small business(1)A small business is a business—

(a)for which an entity holds an Australian Business Number; and

(b)in which are employed fewer than—

(i)100 full-time employees of the business; or

(ii)if the business has employees other than full-time employees—100 equivalent full-time employees of the business.

(2)For subsection (1)(b), the number of equivalent full-time employees of a business must be worked out using the formula—where—E means the number of equivalent full-time employees of the business.F means the number of full-time employees of the business.P means the total number of hours worked each week by employees other than full-time employees.(3)In this section—full-time employee, of a business, means an individual who ordinarily works for at least 35 hours each week for the business.3Objective of scheme(1)The objective of the scheme is to assist small business owners to meet operating and other essential costs if the business enterprise is—

(a)located in, adjacent to or dependent on, an EC area; or

(b)affected by another significant event decided by the Minister.

(2)In this section—EC area means an area declared under an EC declaration.4Nature of assistanceThe nature of the assistance that may be given under the scheme is an interest subsidy for new or existing commercial loans.5Maximum subsidy amount(1)Subject to subsection (5), the maximum interest subsidy that may be given for a loan is $10,000 a year for each EC period.(2)The interest subsidy will be not more than 50% of the interest payable on new or existing loans for the period of the assistance, if the lender’s rate is competitive for the loan being subsidised.(3)Payment of the interest subsidy will be made in advance to the commercial lender for not more than 1 year and then be subject to a second year review.(4)If under the EC declaration, assistance may be given for more than 2 EC periods, an interest subsidy may be applied for and given for each additional EC period.(5)Any subsidies already given under the former small business drought assistance scheme must be deducted from the amount mentioned in subsection (1).(6)In this section—EC period means a period, that is 1 year or less, for which an EC declaration applies and for which assistance may be given under the scheme.former small business drought assistance scheme means the scheme set out in schedule 8 as in force immediately before the commencement of this definition.s 5 amd 2014 SL No. 51 s 56Eligibility criteriaFor an applicant to be eligible to receive assistance—

(a)the applicant must—

(i)own (whether as sole owner, in partnership or as a private company) and operate a small business; and

(ii)demonstrate that the applicant has owned and operated the business for at least 2 years; and

(iii)ordinarily obtain the applicant’s major source of income from the business enterprise; and

(iv)demonstrate a need for the assistance; and

(v)provide evidence that the need for the assistance is related to the effect of the exceptional circumstances or other significant event decided under section 3(1)(b); and

(b)the authority must be satisfied that the business enterprise has sound prospects of commercial viability given normal conditions.

7Applications(1)An application for assistance must be—

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

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

(c)given to the authority.

(2)If drought is the main cause of the need for assistance—

(a)the application must be made not later than 6 months after the EC declaration is revoked under the Commonwealth Act; and

(b)if the application is made within 6 months after the revocation, assistance may be given for up to 1 year.

8Deciding applicationsThe authority must consider, and decide to approve or refuse to approve, each application for assistance.Schedule 7Disaster Assistance (Essential Working Capital) Loans Schemesection 3(1)sch hdg prev sch hdg amd 2011 SL No. 192 s 5om 2014 SL No. 51 s 6pres sch hdg ins 2014 SL No. 169 s 5amd 2018 SL No. 172 s 17Part 1Preliminarypt hdg ins 2014 SL No. 169 s 51Objective of schemeThe objective of the scheme is to provide assistance to eligible entities that have suffered a significant loss of income as a result of an eligible disaster.s 1 prev s 1 om 2014 SL No. 51 s 6pres s 1 ins 2014 SL No. 169 s 52Purpose of assistance(1)The purpose of the assistance under the scheme is to provide an eligible entity with essential working capital, by way of a loan, to continue its farming, business or non-profit operations that have been affected by an eligible disaster.(2)However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered as a result of an eligible disaster.(3)Also, the scheme is not intended to provide assistance relating to direct damage suffered as a result of an eligible disaster.s 2 prev s 2 om 2014 SL No. 51 s 6pres s 2 ins 2014 SL No. 169 s 53Definitions for sch 7In this schedule—applicant means a person applying for financial assistance under the scheme.appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003.defined disaster area, for an eligible disaster, means an area—

(a)defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and

(b)described in a document held by the authority and available for inspection by members of the public.Editor’s note—Defined disaster areas are published on the authority’s website.

def defined disaster area amd 2018 SL No. 172 s 18 (3)development see the Planning Act 2016, schedule 2.def development ins 2018 SL No. 172 s 18 (2)disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.Editor’s note—The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.def disaster recovery funding arrangements ins 2018 SL No. 172 s 18 (2)eligible disaster means—

(a)a natural disaster; or

(b)a terrorist act.

def eligible disaster sub 2018 SL No. 172 s 18 (1)–(2)eligible entity means a person eligible under section 8 for assistance under the scheme.essential working capital see section 6(2).loss of income see section 5A.def loss of income ins 2018 SL No. 172 s 18 (2)natural disaster see section 4.def natural disaster ins 2018 SL No. 172 s 18 (2)natural disaster relief and recovery arrangements ...def natural disaster relief and recovery arrangements om 2018 SL No. 172 s 18 (1)non-profit organisation means a charity or other not-for-profit entity that is—

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

(b)either—

(i)registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966; or

(ii)registered or otherwise authorised to raise funds under a law of another State.

def non-profit organisation sub 2018 SL No. 172 s 18 (1)–(2)official receipt means a receipt including—

(a)the name and address of the entity that issued the receipt; and

(b)if the entity has an Australian Business Number—the Australian Business Number; and

(c)a description of each item to which the receipt relates.

primary producer means—

(a)a sole trader who—

(i)spends the majority of his or her labour on a primary production enterprise; and

(ii)either—

(A)derives the majority of his or her income from the primary production enterprise; or

(B)in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of his or her income from the primary production enterprise; or

(b)a partnership, company or trust that carries on a primary production enterprise for which the partners, shareholders or beneficiaries—

(i)spend the majority of their labour on a primary production enterprise; and

(ii)either—

(A)derive the majority of their income from the primary production enterprise; or

(B)in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of their income from the primary production enterprise.

primary production enterprise means a business—

(a)that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and

(b)for which an entity holds an Australian Business Number.

scheme means the scheme set out in this schedule.small business see section 5.small business owner means—

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a small business; or

(b)in relation to a partnership, private company or trust that carries on a small business, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the small business.

terrorist act see the Police Powers and Responsibilities Act 2000, section 211.def terrorist act ins 2018 SL No. 172 s 18 (2)s 3 prev s 3 om 2014 SL No. 51 s 6pres s 3 ins 2014 SL No. 169 s 54Meaning of natural disaster(1)A natural disaster means any of the following events—

(a)a bushfire;

(b)a cyclone;

(c)an earthquake;

(d)a flood;

(e)a landslide;

(f)a meteorite strike;

(g)a storm, including any of, or any combination of, the following—

(i)hail;

(ii)rain;

(iii)wind;

(h)a storm surge;

(i)a tornado;

(j)a tsunami.

•a deliberate act

•an accident

•development

s 4 prev s 4 om 2014 SL No. 51 s 6pres s 4 ins 2014 SL No. 169 s 5amd 2018 SL No. 172 s 195Meaning of small business(1)A small business is a business—

(a)for which an entity holds an Australian Business Number; and

(b)in which are employed fewer than—

(i)20 full-time employees; or

(ii)if the business has employees other than full-time employees—20 equivalent full-time employees; and

(c)that is not operated by a public company.

(2)However, a small business does not include a body corporate under the Body Corporate and Community Management Act 1997.(3)For subsection (1)(b), the number of equivalent full-time employees of a business is worked out using the formula—where—E means the number of equivalent full-time employees of the business.F means the number of full-time employees of the business.P means the total number of hours worked each week by employees other than full-time employees.(4)In this section—full-time employee, of a business, means an individual who ordinarily works for at least 35 hours each week for the business.public company means a public company within the meaning of the Corporations Act.s 5 prev s 5 om 2014 SL No. 51 s 6pres s 5 ins 2014 SL No. 169 s 5amd 2018 SL No. 172 s 205AMeaning of loss of income(1)A loss of income, for an applicant, refers to the net income that would have been earned in a period (the relevant period) if the operation of the applicant’s primary production enterprise, small business or non-profit organisation had not been interrupted by the eligible disaster.(2)The loss of income is assessed on the basis of the financial performance of the applicant’s primary production enterprise, small business or non-profit organisation in previous periods in which the circumstances, other than the effect of the eligible disaster, were similar to the circumstances in the relevant period.s 5A ins 2018 SL No. 172 s 21Part 2General provisions for schemept hdg ins 2014 SL No. 169 s 56Nature of assistance(1)The nature of the assistance that may be given under the scheme is the provision of a loan at a concessional interest rate for an amount to be used as essential working capital for a primary production enterprise, small business or non-profit activities of an eligible entity for up to 1 year.(2)Essential working capital, for a primary production enterprise, small business or non-profit activities, is money that is necessary to continue the normal operation of the primary production enterprise, small business or non-profit activities.Examples of uses of essential working capital—

•paying salaries or wages

•paying creditors

•paying rent or rates

•buying goods, including, for example, fuel, essential to carrying on the primary production enterprise, small business or non-profit activities

•for a primary production enterprise, buying fodder or water for livestock or produce or transporting livestock or produce

s 6 prev s 6 om 2014 SL No. 51 s 6pres s 6 ins 2014 SL No. 169 s 57Maximum loan amount(1)The amount of a loan to an applicant under the scheme for an eligible disaster—

(a)is based on the authority’s assessment of the applicant’s financial position, including any amount recovered by the applicant under an insurance policy; and

(b)must not be more than the amount of essential working capital the authority considers is reasonably required for the applicant’s primary production enterprise, small business or non-profit activities for 1 year.

(2)However, the amount of a loan to an applicant under the scheme for an eligible disaster must not be more than $100,000.s 7 prev s 7 om 2014 SL No. 51 s 6pres s 7 ins 2014 SL No. 169 s 58Eligibility criteria(1)An applicant is eligible for assistance for an eligible disaster under the scheme if the authority is satisfied—

(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; andExample 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.

(2)However, an applicant is not eligible for assistance for an eligible disaster under both—

(a)this scheme; and

(b)the scheme set out in schedule 2, 3 or 21.

s 8 prev s 8 om 2014 SL No. 51 s 6pres s 8 ins 2014 SL No. 169 s 5amd 2018 SL No. 172 s 229SecurityA loan under the scheme must be secured to the satisfaction of the authority.s 9 prev s 9 om 2014 SL No. 51 s 6pres s 9 ins 2014 SL No. 169 s 510Terms of repayment(1)The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.(2)The amounts of the repayments of principal and interest under the loan are the amounts decided by the authority, subject to subsections (3) and (4).(3)However, the authority may—

(a)review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and

(b)if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.

(4)The authority may allow deferral of repayments of the principal under the loan for up to 2 years, if the principal and interest are repaid over the balance of the term of the loan.s 10 prev s 10 om 2014 SL No. 51 s 6pres s 10 ins 2014 SL No. 169 s 5amd 2018 SL No. 172 s 2311Conditions(1)Payment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3).(2)The applicant must, if requested by the authority, from time to time provide appropriate evidence to the authority that all amounts drawn against a loan under the scheme have been used for essential working capital for the applicant’s primary production enterprise, small business or non-profit activities.(3)If an applicant asks for the authority’s consent to substitute a security for an existing security for a loan under the scheme and the authority consents to the substitution, the applicant must pay to the authority—

(a)the authority’s reasonable fee for giving the consent; and

(b)any other reasonable costs of the authority relating to the substitution.

(4)In this section—appropriate evidence means evidence in the form of tax invoices, official receipts for payment or bank statements showing full details of the goods or services acquired.s 11 ins 2014 SL No. 169 s 512Applications(1)An application for assistance under the scheme must—

(a)be made on the authority’s application form; and

(b)be accompanied by the documentation stated on the application; and

(c)be given to the authority.

(2)The authority may ask an applicant to provide further relevant information required to decide the application.s 12 ins 2014 SL No. 169 s 513Deciding applicationsThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.s 13 ins 2014 SL No. 169 s 5sch 7 prev sch 7 om 2014 SL No. 51 s 6pres sch 7 ins 2014 SL No. 169 s 5Schedule 8January–February 2019 Flood Disaster (Exceptional Damage) Loans Schemesection 3(1)sch hdg orig sch hdg amd 2011 SL No. 192 s 5om 2014 SL No. 51 s 6prev sch hdg ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres sch hdg ins 2019 SL No. 128 s 4Part 1Preliminarypt hdg prev pt hdg ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres pt hdg ins 2019 SL No. 128 s 41Objective of schemeThe objective of the scheme is to provide, under an agreement entered into between the Commonwealth and the State on 31 March 2019, assistance to eligible entities that have sustained exceptional damage as a direct result of the eligible disaster.s 1 prev s 1 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres s 1 ins 2019 SL No. 128 s 42Purpose of assistance(1)The purpose of assistance under the scheme is to help an eligible entity pay for costs arising out of exceptional damage caused by the eligible disaster.(2)However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered because of the eligible disaster.s 2 prev s 2 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres s 2 ins 2019 SL No. 128 s 43Definitions for scheduleIn this schedule—applicant means a person applying for financial assistance under the scheme.appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003.business owner means—

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a relevant business; or

(b)in relation to a partnership, company or trust that carries on a relevant business—the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the relevant business.

defined disaster area, for the eligible disaster, means an area—

(a)defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for providing assistance mentioned in the scheme for communities affected by the eligible disaster; and

(b)described in a document held by the authority and available for inspection by members of the public.Editor’s note—Defined disaster areas are published on the authority’s website.

disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by a natural disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.Editor’s note—The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.eligible disaster means the disaster defined by the appropriate Minister on 8 February 2019, for the purpose of activating the disaster recovery funding arrangements, as ‘North and Far North Queensland Monsoon Trough, 25 January - 10 February 2019’.eligible entity means a primary producer or business owner who is eligible for assistance under the scheme.exceptional damage see section 4.primary producer means—

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or

(b)in relation to a partnership, company or trust that carries on a primary production enterprise—the partners in the partnership, shareholders in the company, or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the primary production enterprise.

primary production enterprise means a business—

(a)that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and

(b)that is registered under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth); and

(c)for which an entity holds an Australian Business Number; and

(d)that is not operated by a public company.

public company means a public company within the meaning of the Corporations Act.relevant business means a business, other than a primary production enterprise—

(a)that is registered under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth); and

(b)for which an entity holds an Australian Business Number; and

(c)that is not operated by a public company.

scheme, unless otherwise provided, means the scheme set out in this schedule.s 3 prev s 3 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres s 3 ins 2019 SL No. 128 s 44Meaning of exceptional damageAn entity’s primary production enterprise or relevant business sustains exceptional damage as a direct result of the eligible disaster to the extent—

(a)assets used in carrying on the enterprise or business are damaged as a direct result of the eligible disaster; and

(b)the authority considers that the total amount of any assistance available to the entity under the schemes set out in schedules 2, 3 and 23 is inadequate to give the entity reasonable prospects of re-establishing the viable operation of the enterprise or business.

s 4 prev s 4 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres s 4 ins 2019 SL No. 128 s 45References to entity’s primary production enterprise or relevant business(1)A reference in this schedule to an entity’s primary production enterprise is a reference to a primary production enterprise in relation to which the entity is a primary producer.(2)A reference in this schedule to an entity’s relevant business is a reference to a relevant business in relation to which the entity is a business owner.s 5 prev s 5 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres s 5 ins 2019 SL No. 128 s 4Part 2General provisions for schemept hdg prev pt hdg ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres pt hdg ins 2019 SL No. 128 s 4pt 2 div 1 hdg ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pt 2 div 2 hdg ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pt 2 div 3 hdg ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 16Nature of assistanceThe nature of the assistance that may be given under the scheme to an eligible entity is a concessional loan for any of the following—

(a)repairing or replacing damaged plant or equipment used in the entity’s primary production enterprise or relevant business;

(b)repairing or replacing buildings used for carrying on the entity’s primary production enterprise or relevant business;

(c)meeting requirements for carrying on the entity’s primary production enterprise or relevant business, including, for example—

(i)buying goods necessary to carry on the activities of the enterprise or relevant business; and

(ii)paying rates, rent or wages; and

(iii)paying creditors;

(d)for a primary production enterprise—meeting requirements for carrying on the enterprise, including, for example—

(i)replanting, restoring or re-establishing areas affected by the eligible disaster; and

(ii)buying livestock to replace livestock lost because of the eligible disaster; and;

(iii)sustaining livestock: and

(iv)carrying on essential property operations;

(e)for a relevant business—supplying stock for a period of not more than 1 month to replace stock lost as a direct result of the eligible disaster and maintain the liquidity of the relevant business.

s 6 prev s 6 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres s 6 ins 2019 SL No. 128 s 47Application may be made in 1 capacity onlyA person may apply for assistance under the scheme in only 1 of the following capacities—

(a)a primary producer;

(b)a business owner.

s 7 prev s 7 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres s 7 ins 2019 SL No. 128 s 48Eligibility criteriaAn applicant is eligible for assistance under the scheme if the authority is satisfied—

(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; andExample—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; andExample—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.

s 8 prev s 8 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres s 8 ins 2019 SL No. 128 s 49Maximum amount of assistance(1)The maximum amount of a loan that may be given to an applicant under the scheme is $1,000,000. (2)However, if the applicant has received, or has been approved to receive, relevant assistance, the maximum amount of a loan that may be given to the applicant under the scheme is $1,000,000 less the total amount of the relevant assistance.(3)In this section—relevant assistance means assistance, under the scheme set out in schedule 2 or 3, in relation to the eligible disaster.s 9 prev s 9 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres s 9 ins 2019 SL No. 128 s 410Interest rates(1)The interest charged on a loan given under the scheme must be calculated at a concessional interest rate decided by the authority.(2)However, the authority may—

(a)review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and

(b)if the authority considers the applicant’s financial situation has improved, increase the interest rate to a rate not more than a commercial rate of interest.

s 10 prev s 10 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres s 10 ins 2019 SL No. 128 s 411Security(1)If an applicant is given a loan under the scheme, the applicant must give security for the loan.(2)The security required is—

(a)a mortgage of land or other assets commensurate with the amount of the loan; and

(b)any other security the authority considers necessary, including, for example, a crop lien or stock mortgage.

s 11 prev s 11 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres s 11 ins 2019 SL No. 128 s 412Terms of repayment(1)The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.(2)During the first 2 years of the loan, the authority must defer repayments of principal and interest under the loan.(3)From the start of the third year of the loan, the amounts of the repayments of principal and interest under the loan are the amounts decided by the authority.(4)Despite subsection (3), the authority may grant the applicant an interest-only period for the loan of not more than 2 years.s 12 prev s 12 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres s 12 ins 2019 SL No. 128 s 413Requirements for applications(1)An application for assistance under the scheme must—

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

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

(c)be received by the authority no later than 30 June 2021.

(2)The authority may ask an applicant to give further relevant information required to decide the application.s 13 prev s 13 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres s 13 ins 2019 SL No. 128 s 414Deciding applicationsThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.s 14 prev s 14 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres s 14 ins 2019 SL No. 128 s 4Part 3pt 3 hdg ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1Division 1div hdg ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1Division 2div hdg ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 115s 15 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 116s 16 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 117s 17 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1Division 3div hdg ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 118s 18 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1Division 4div hdg ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 119s 19 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 120s 20 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 121s 21 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 122s 22 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 123s 23 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1Division 5div hdg ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 124s 24 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 125s 25 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 126s 26 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1Part 4pt hdg ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 127s 27 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1sch 8 orig sch 8 om 2014 SL No. 51 s 6prev sch 8 ins 2014 SL No. 180 s 4om 2019 SL No. 71 s 59 sch 1pres sch 8 ins 2019 SL No. 128 s 4Schedule 9Solar PV and Battery Energy Storage Assistance Schemesection 3(1)sch hdg prev sch hdg amd 2011 SL No. 192 s 5om 2014 SL No. 51 s 6pres sch hdg ins 2018 SL No. 54 s 5sch 9 pt 1 hdg om 2014 SL No. 51 s 6sch 9 pt 2 hdg om 2014 SL No. 51 s 61DefinitionsIn this schedule—applicant means a person applying for financial assistance for a program under the scheme. approved application form, for a program under the scheme, means the application form approved by the authority for the program.battery program means a program for the supply and installation costs of an eligible battery storage system in residential or business premises.Building Code of Australia see the Building Act 1975, section 12.business premises, for a small business, means premises in Queensland used by the business to conduct business activities.combined solar and battery program means a program for the supply and installation costs of an eligible combined battery storage system in residential or business premises.eligible battery energy storage system means a battery energy storage system listed on the website of the department administering the Electricity Act 1994 as an eligible battery energy storage system for the scheme.eligible battery energy storage system supplier means a battery energy storage system supplier listed on the website of the department administering the Electricity Act 1994 as an eligible battery energy storage system supplier for the scheme.eligible combined solar and battery energy storage system means an eligible solar PV system that is coupled with an eligible battery energy storage system.eligible solar PV system means a solar PV system that is not—

(a)a replacement of an existing solar PV system; or

(b)an augmentation of an existing solar PV system; or

(c)coupled with a battery energy storage system.

eligible system means—

(a)an eligible solar PV system; or

(b)an eligible battery energy storage system; or

(c)an eligible combined solar and battery energy storage system.

program means—

(a)the solar program; or

(b)the battery program; or

(c)the combined solar and battery program.

residential premises means a class 1a building under the Building Code of Australia.scheme means the scheme set out in this schedule.small business see section 2.solar program means a program for the supply and installation costs of an eligible solar PV system in residential premises.solar PV system means a solar photovoltaic system.s 1 prev s 1 om 2014 SL No. 51 s 6pres s 1 ins 2018 SL No. 54 s 52Meaning of small business(1)A small business is a business—

(a)that is carried on by a sole trader, partnership, proprietary company or trust; and

(b)for which an entity holds an Australian Business Number; and

(c)that employs fewer than—

(i)20 full-time employees; or

(ii)if the business has employees other than full-time employees—20 equivalent full-time employees; and

(d)that is not operated by a public company within the meaning of the Corporations Act; and

(e)that uses less than 100 megawatt hours of grid electricity each year at the premises from which the business operates and at which an eligible system is to be installed.

(2)For subsection (1)(c), the number of equivalent full-time employees of a business is worked out using the formula—where—E means the number of equivalent full-time employees of the business.F means the number of full-time employees of the business.P means the total number of hours worked each week by employees other than full-time employees.(3)In this section—full-time employee, of a business, means an individual who ordinarily works at least 35 hours each week for the business.s 2 prev s 2 om 2014 SL No. 51 s 6pres s 2 ins 2018 SL No. 54 s 53Objectives of schemeThe objectives of the scheme are—

(a)to provide for assistance to households and small businesses to make electricity more affordable, including by providing assistance to persons not having access to the upfront capital to invest in eligible solar PV and eligible battery energy storage systems; and

(b)to help establish and grow a battery energy storage industry in Queensland.

s 3 prev s 3 om 2014 SL No. 51 s 6pres s 3 ins 2018 SL No. 54 s 54Application of schemeThe scheme consists of the following programs—

(a)the solar program;

(b)the battery program;

(c)the combined solar and battery program.

s 4 prev s 4 om 2014 SL No. 51 s 6pres s 4 ins 2018 SL No. 54 s 55Types of assistanceThe types of assistance available under the scheme are as follows—

(a)a loan under the solar program for residential premises;

(b)a loan and a grant under the battery program for residential premises;

(c)a grant only under the battery program for residential or business premises;

(d)a loan and a grant under the combined solar and battery program for residential premises;

(e)a grant only under the combined solar and battery program for residential or business premises.

s 5 prev s 5 om 2014 SL No. 51 s 6pres s 5 ins 2018 SL No. 54 s 56Amounts and terms of assistance under the scheme(1)The amounts and terms of assistance under the scheme are as follows—

(a)for the solar program—a maximum loan of $4,500 with a loan period of not more than 7 years;

(b)for the battery program—a maximum loan of $6,000 with a loan period of not more than 10 years and a maximum grant of $3,000;

(c)for the combined solar and battery program—a maximum loan of $10,000 with a loan period of not more than 10 years and a maximum grant of $3,000.

(2)A loan, a loan and a grant, or a grant provided under the scheme can not be more than the supply and installation cost of the system for which the loan, loan and grant, or grant is provided.(3)If a loan and a grant are to be provided for the supply and installation cost of the system, the authority may decide how much of the cost is to be provided by the loan and how much is to be provided by the grant.(4)Interest is not payable on a loan provided under the scheme and no fees or charges are payable on a loan or a grant provided under the scheme. s 6 prev s 6 om 2014 SL No. 51 s 6pres s 6 ins 2018 SL No. 54 s 57Eligibility criteria common to all programsFor an applicant to receive assistance under the scheme for an eligible system for residential or business premises—

(a)the premises to which the application relates must be located in Queensland; and

(b)credit under the Electricity Act 1994, section 44A must not apply to the premises; and

(c)assistance under the scheme must not have previously been provided for the premises; and

(d)the applicant must not have previously received assistance under the scheme; and

(e)the eligible system must not have been installed before an application for assistance under the scheme is received.

s 7 prev s 7 om 2014 SL No. 51 s 6pres s 7 ins 2018 SL No. 54 s 58Additional eligibility criteria for the solar program and for loans and grants under the battery program or the combined solar and battery program(1)This section applies to an application for the following assistance under the scheme—

(a)for a loan under the solar program;

(b)for a loan and a grant under the battery program;

(c)for a loan and a grant under the combined solar and battery program.

(2)For the applicant to be eligible to receive assistance—

(a)the application must be submitted in the names of no more than 2 persons for whom the residential premises at which the eligible system is to be installed are their principal place of residence; and

(b)each person named in the application must be an individual; and

(c)at least 1 person named in the application must be the owner or joint owner of the premises; and

(d)each person named in the application must be an Australian citizen or a permanent resident of Australia; and

(e)the authority must be satisfied the applicant can repay the loan given for the assistance.

(3)In this section—joint owner, of premises, means a person who is an owner of the premises under a joint tenancy or tenancy in common.s 8 prev s 8 om 2014 SL No. 51 s 6pres s 8 ins 2018 SL No. 54 s 59Additional eligibility criteria for grants only under the battery program or the combined solar and battery program(1)This section applies to an application for the following assistance under the scheme—

(a)for a grant only under the battery program for residential or business premises;

(b)for a grant only under the combined solar and battery program for residential or business premises.

(2)For the applicant to be eligible to receive assistance for residential premises—

(b)each person named in the application must be an individual; and

(c)at least 1 person named in the application must be the owner or joint owner of the premises; and

(d)each person named in the application must be an Australian citizen or a permanent resident of Australia.

(3)For common property under a community titles scheme, the applicant must be the body corporate for the community titles scheme.(4)For the applicant to be eligible to receive assistance for business premises—

(a)the applicant must own the premises or, if an entity other than the applicant owns the premises, the authority must be satisfied that the applicant has a sufficient connection with that entity; andExamples of a sufficient connection with an entity—

•the applicant is a director of a company that owns the premises

•the premises are owned by the applicant’s self-managed superannuation fund

(b)the applicant must carry on a small business from the premises.

(5)In this section—body corporate see the Body Corporate and Community Management Act 1997, schedule 6.community titles scheme see the Body Corporate and Community Management Act 1997, section 10.joint owner, of premises, means a person who is an owner of the premises under a joint tenancy or tenancy in common.s 9 prev s 9 om 2014 SL No. 51 s 6pres s 9 ins 2018 SL No. 54 s 510Additional program specific eligibility criteria(1)For an applicant to be eligible to receive a loan under the solar program—

(a)the application for assistance must be for the supply and installation of an eligible solar PV system; and

(b)the applicant must have incurred total electricity costs at the premises at which the system is to be installed, or at the applicant’s previous principal place of residence, of at least $1,000 over the 6 months, or at least $2,000 over the 12 months, preceding the application; and

(c)at least 1 person named in the application must be receiving Family Tax Benefit B; and

(d)the eligible solar PV system must have been approved by the authority; and

(e)the eligible solar PV system must be installed by an eligible solar supplier.

(2)For an applicant to be eligible to receive a loan and a grant, or a grant only, under the battery program—

(a)the application for assistance must be for the supply and installation of an eligible battery energy storage system; and

(b)the eligible battery energy storage system must have been approved by the authority; and

(c)the eligible battery energy storage system must be installed by an eligible battery energy storage system supplier.

(3)For an applicant to be eligible to receive a loan and a grant, or a grant only, under the combined solar and battery program—

(a)the application for assistance must be for the supply and installation of an eligible combined solar and battery energy storage system; and

(b)the eligible combined solar and battery energy storage system must have been approved by the authority; and

(c)the eligible combined solar and battery energy storage system must be installed by an eligible battery energy storage system supplier.

(4)In this section—eligible solar supplier means a supplier of solar PV systems that—

(a) is a signatory to—

(i)the Solar Retailer Code of Conduct approved by the Clean Energy Council; or

(ii)another code of conduct, relating to the supply and installation by solar suppliers of solar PV systems, approved by a relevant entity; and

(b)conducts some or all of its operations from premises in Queensland.

relevant entity means an entity approved by the chief executive of the department administering the Electricity Act 1994 as being suitable to assess a code of conduct relating to the supply and installation by solar suppliers of solar PV systems.s 10 prev s 10 om 2014 SL No. 51 s 6pres s 10 ins 2018 SL No. 54 s 511Conditions of assistance(1)The payment of financial assistance under the scheme is subject to the following conditions—

(a)before receiving the assistance, a person must—

(i)enter into a written agreement with the authority that sets out the terms on which the assistance is provided; and

(ii)give the authority a tax invoice for the supply and installation of the eligible system for which the assistance is provided;

(b)the payment of the assistance for the supply and installation of an eligible system is to be made directly by the authority to the supplier of the system;Note—The payment of the assistance can not be made to reimburse an applicant for payments made by the applicant to the supplier of the eligible system.

(c)the payment of the assistance can not be made for an eligible system that is to be financed under a lease or solar power purchase agreement;

(d)the authority may cancel an approval for assistance to install and purchase an eligible system if the scheme recipient does not provide evidence the system has been installed within 6 months after the approval;

(e)a scheme recipient must, after the installation of an eligible battery energy storage system under the battery program or the combined solar and battery program, allow for a safety inspection of the system by a person nominated by the chief executive of the department administering the Electricity Act 1994, at no charge to the scheme recipient;

(f)a scheme recipient must disclose matters required by the authority, or to persons nominated by the authority, to enable—

(i)a safety inspection of the eligible system; or

(ii)an evaluation of the eligible system or of a program under the scheme;

(g)a scheme recipient must comply with the terms of the agreement mentioned in paragraph (a)(i).

(2)In this section—scheme recipient means a person who has received assistance under the scheme.s 11 prev s 11 amd 2012 SL No. 11 s 3 (1); 2012 SL No. 84 s 3 (1)om 2014 SL No. 51 s 6pres s 11 ins 2018 SL No. 54 s 512Applications(1)An application for assistance for a program under the scheme must—

(a)be made to the authority by accessing the website of the department administering the Electricity Act 1994 or on the approved application form for the program; and

(b)be made on or after the day stated on the website as the day after which applications for assistance may be made; and

(c)be accompanied by the documents stated on the website or on the approved application form; and

(d)be considered by the authority in the order it is received by the authority.

(2)If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.s 12 prev s 12 om 2014 SL No. 51 s 6pres s 12 ins 2018 SL No. 54 s 513Deciding applications(1)The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.(2)The authority must refuse an application for assistance for a program under the scheme if—

(a)the application is received after 30 June 2019; or

(b)the authority’s assistance funds for the program are not sufficient to pay for the assistance.

s 13 prev s 13 om 2014 SL No. 51 s 6pres s 13 ins 2018 SL No. 54 s 514Time limits applying to applications and to financial assistance under the scheme(1)An application for assistance under the scheme must be received by the authority by 30 June 2019.(2)The authority must not provide financial assistance under the scheme after 30 June 2020.s 14 prev s 14 amd 2012 SL No. 11 s 3 (2); 2012 SL No. 84 s 3 (2)om 2014 SL No. 51 s 6pres s 14 ins 2018 SL No. 54 s 515Deciding applicationss 15 om 2014 SL No. 51 s 6sch 9 prev sch 9 om 2014 SL No. 51 s 6pres sch 9 ins 2018 SL No. 54 s 5Schedule 10Bus Driver Safety Schemesection 3(1)sch hdg prev sch hdg amd 2011 SL No. 192 s 5om 2014 SL No. 51 s 6pres sch hdg ins 2018 SL No. 189 s 4sch 10 pt 1 hdg om 2014 SL No. 51 s 6sch 10 pt 2 hdg om 2014 SL No. 51 s 61Objective of schemeThe objective of the scheme is to provide for assistance to operators of eligible bus services to install anti-shatter film and driver barriers on eligible buses to make the buses safer for drivers and passengers.s 1 prev s 1 om 2014 SL No. 51 s 6pres s 1 ins 2018 SL No. 189 s 42DefinitionsIn this schedule—anti-shatter film means a laminate, bonded to a vehicle window, that is designed and constructed to bind glass shards on impact and prevent them entering the vehicle.applicant means a person applying for assistance under the scheme.application means an application for assistance under the scheme.bus service contract means—

(a)generally—a service contract under the Transport Operations (Passenger Transport) Act 1994, section 38(1), between the passenger transport chief executive and the holder for the contract for providing an eligible bus service; and

(b)for an applicant—a service contract for which the applicant is the holder.

designated bus, for an application, see section 4(1)(d).designated safety equipment, for an application, see section 4(1)(d).driver barrier means a barrier, fitted in a bus, that is designed and constructed to prevent or reduce the risk of injury to a person in the driver’s seat (the driver) in the event of another person committing, or attempting to commit, an act of violence against the driver.eligible bus means a bus identified in an applicant’s bus service contract for providing an eligible bus service.eligible bus service means a public bus service mentioned in the document ‘Eligible Queensland Bus Services’ prepared by the passenger transport chief executive and published on the authority’s website.holder, for a service contract, see the Transport Operations (Passenger Transport) Act 1994, schedule 3.notice means written notice.operator see the Transport Operations (Passenger Transport) Act 1994, schedule 3.passenger transport chief executive means the chief executive of the department in which the Transport Operations (Passenger Transport) Act 1994 is administered.public bus service means a public passenger service within the meaning of the Transport Operations (Passenger Transport) Act 1994 for the carriage of passengers on a bus, but does not include a driver service within the meaning of that Act.scheme means the scheme set out in this schedule. s 2 prev s 2 om 2014 SL No. 51 s 6pres s 2 ins 2018 SL No. 189 s 43Nature of assistanceThe nature of the assistance that may be given under the scheme is a rebate to offset—

(a)the costs of acquiring and installing anti-shatter film on designated buses to the maximum amount for each bus under section 7(2); and

(b)50% of the costs of acquiring and installing driver barriers on designated buses to the maximum amount for each bus under section 7(3).

s 3 prev s 3 om 2014 SL No. 51 s 6pres s 3 ins 2018 SL No. 189 s 44Eligibility for conditional approval for assistance(1)An applicant is eligible for conditional approval for assistance under the scheme if—

(a)the applicant is the operator of an eligible bus service; and

(b)the applicant has entered into a bus service contract with the passenger transport chief executive to provide the bus service; and

(c)the passenger transport chief executive is satisfied the applicant has complied with the applicant’s obligations under the bus service contract; and

(d)the applicant has applied for conditional approval for assistance to install, on an eligible bus identified in the application (the designated bus), either or both of the following items of equipment (each the designated safety equipment)—

(i)anti-shatter film of a type described in detail in the application;

(ii)a driver barrier of a type described in detail in the application; and

(e)the authority is satisfied—

(i)the applicant has obtained, or will obtain, a written warranty from the manufacturer or seller of the designated safety equipment that the equipment will be fit for purpose; and

(ii)the applicant has given the authority a notice stating when it is proposed to install the designated safety equipment; and

(iii)if the designated safety equipment is installed on the designated bus, the applicant proposes to operate the bus for at least 2 years after the equipment is installed; and

(iv)the applicant will be responsible for maintaining the designated safety equipment; and

(f)for an application for installing anti-shatter film on the designated bus, the authority is satisfied anti-shatter film has not already been installed on the bus or acquired for that purpose, whether with assistance under this scheme or otherwise; and

(g)for an application for installing a driver barrier on the designated bus, the authority is satisfied—

(i)the applicant has carried out a risk assessment showing that the eligible bus service is provided in a high risk area; and

(ii)a driver barrier has not already been installed on the bus or acquired for that purpose, whether with assistance under this scheme or otherwise; and

(h)the applicant agrees to give the passenger transport chief executive the information reasonably required by that person for evaluating the designated safety equipment after it is installed.

(2)In this section—high risk area means an area in which the applicant considers there is a high risk of any of the following happening—

(a)violence towards a bus driver or passenger;

(b)threatening behaviour, including, for example, serious verbal threats or abuse, towards a bus driver or passenger;

(c)an object being thrown at a bus, bus driver or passenger.

s 4 prev s 4 om 2014 SL No. 51 s 6pres s 4 ins 2018 SL No. 189 s 45Conditional approval for assistance(1)Subsection (2) applies if the authority is satisfied the applicant is eligible under section 4 for conditional approval for assistance to install the designated safety equipment on the designated bus.(2)The authority may, by notice to the applicant, approve the application for conditional approval for assistance only on the condition stated in subsection (3).(3)The applicant must—

(a)acquire the designated safety equipment after being given the notice under subsection (2); and

(b)install the equipment on the designated bus and apply for final approval for assistance for the installation within the final claim period for the application.

(4)The applicant may, on or before 30 June 2020, ask the authority to extend the final claim period for the application.(5)If the applicant asks for an extension of the final claim period under subsection (4), the authority may, by notice to the applicant, extend the period if it considers there are exceptional circumstances to do so.(6)In this section—final claim period, for the application, means the period ending on—

(a)30 June 2020; or

(b)if the period is extended to a later day under subsection (5)—the later day.

s 5 prev s 5 om 2014 SL No. 51 s 6pres s 5 ins 2018 SL No. 189 s 46Final approval for assistance(1)This section applies if—

(a)the authority has given conditional approval under section 5(2) for assistance to install the designated safety equipment on the designated bus; and

(b)the applicant has applied under section 5(3)(b) for final approval for the assistance.

(2)The authority must decide to—

(a)approve the application and give final approval for the assistance; or

(b)refuse the application.

(3)The authority may, by notice to the applicant, give final approval for assistance to install the equipment if satisfied—

(a)the applicant is still eligible for the conditional approval for the assistance under section 4; and

(b)the applicant has obtained the warranty for the equipment mentioned in section 4(1)(e)(i); and

(c)the applicant has acquired and installed the equipment in compliance with section 5(3).

s 6 prev s 6 om 2014 SL No. 51 s 6pres s 6 ins 2018 SL No. 189 s 47Amount and payment of assistance(1)This section applies if the authority gives final approval under section 6 for assistance for installing the designated safety equipment on the designated bus.(2)For installing designated safety equipment that is anti-shatter film, the authority must pay the applicant the lesser of—

(a)the costs incurred for acquiring and installing the anti-shatter film; and

(b)either—

(i)for a large bus—$2,400; or

(ii)for another designated bus—$1,200.

(3)For installing designated safety equipment that is a driver barrier, the authority must pay the applicant the lesser of—

(a)50% of the costs incurred for acquiring and installing the driver barrier; and

(b)$2,000.

(4)In this section—large bus means a designated bus identified in the applicant’s bus service contract as an articulated bus, a double decker bus or long wheel base bus.s 7 prev s 7 om 2014 SL No. 51 s 6pres s 7 ins 2018 SL No. 189 s 48Condition of assistance(1)The payment of the assistance under section 7 is subject to the condition stated in subsection (2).(2)The applicant must give the authority tax invoices and official receipts of amounts the applicant has paid to acquire and install the designated safety equipment.(3)In this section—official receipt means a receipt of an amount paid by an applicant to an entity that includes—

(a)the name and address of the entity that issued the receipt; and

(b)if the entity has an Australian Business Number—the Australian Business Number; and

(c)a description of each item to which the receipt relates.

s 8 prev s 8 om 2014 SL No. 51 s 6pres s 8 ins 2018 SL No. 189 s 49Applications(1)An application for assistance under the scheme must—

(a)be in the form approved by the authority; and

(b)be accompanied by any other documents stated in the approved form.

(2)An application for conditional approval for assistance mentioned in section 4 must be given to the authority on or before 31 March 2019.(3)An application for final approval for assistance mentioned in section 5 must be given to the authority before the end of the final claim period for the application.(4)The authority may ask an applicant for further relevant information required to decide the application.(5)In this section—final claim period, for the application, see section 5(6).s 9 prev s 9 om 2014 SL No. 51 s 6pres s 9 ins 2018 SL No. 189 s 410Deciding applications(1)Subject to subsections (2) and (3), the authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.(2)The authority must consider applications in the order they are received.(3)The authority, for the State, may approve an application only if the authority’s assistance funds for the scheme are sufficient to pay for the assistance.s 10 prev s 10 amd 2012 SL No. 11 s 4 (1); 2012 SL No. 84 s 4 (1)om 2014 SL No. 51 s 6pres s 10 ins 2018 SL No. 189 s 411Special provision for particular applicationss 11 om 2014 SL No. 51 s 612Special provision about insurances 12 om 2014 SL No. 51 s 613Applicationss 13 amd 2012 SL No. 11 s 4 (2); 2012 SL No. 84 s 4 (2)om 2014 SL No. 51 s 614Deciding applicationss 14 om 2014 SL No. 51 s 6sch 10 prev sch 10 om 2014 SL No. 51 s 6pres sch 10 ins 2018 SL No. 189 s 4Schedule 11Solar for rental properties schemesection 3(1)sch hdg prev sch hdg amd 2011 SL No. 192 s 5om 2014 SL No. 51 s 6pres sch hdg ins 2019 SL No. 2 s 4Part 1Preliminarypt hdg prev pt hdg om 2014 SL No. 51 s 6pres pt hdg ins 2019 SL No. 2 s 41Objective of schemeThe objective of the scheme is to provide assistance to owners of eligible premises to install eligible solar PV systems to make electricity more affordable for tenants of the premises.s 1 prev s 1 om 2014 SL No. 51 s 6pres s 1 ins 2019 SL No. 2 s 42DefinitionsIn this schedule—applicant means a person applying for assistance under the scheme.approved form means a form approved by the authority.approved residential tenancy agreement see section 5.Building Code of Australia see the Building Act 1975, section 12.cost, of installing an eligible solar PV system, includes the cost of supplying the eligible solar PV system for installation.electricity chief executive means the chief executive of the electricity department.electricity department means the department in which the Electricity Act 1994 is administered.eligible premises see section 3.eligible solar PV system see section 4.scheme means the scheme set out in this schedule.solar PV system means a solar photovoltaic system.system capacity, of an eligible solar PV system, means the lower of—

(a)the capacity of the system’s inverter; and

(b)the total capacity of the system’s panels.

tenant means a tenant within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008, section 13, but does not include a subtenant of a tenant.s 2 prev s 2 om 2014 SL No. 51 s 6pres s 2 ins 2019 SL No. 2 s 43Meaning of eligible premises(1)Residential premises are eligible premises if—

(a)the premises are located in an eligible area; and

(b)the premises are individually metered for the supply of electricity; and

(c)electricity is not purchased for the premises from an exempt seller; and

(d)the premises are the subject of an approved residential tenancy agreement.

(2)In this section—eligible area means any of the following local government areas—

(a)Bundaberg;

(b)Gladstone;

(c)Townsville;

(d)if an eligible area notice is prepared—another local government area stated in the notice.

eligible area notice means a written notice—

(a)prepared by the electricity chief executive; and

(b)stating a local government area as an eligible area for the scheme; and

(c)published on the electricity department’s website.

exempt seller see the National Energy Retail Law (Queensland), section 2(1).individually metered see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.residential premises means a class 1a building under the Building Code of Australia.s 3 prev s 3 om 2014 SL No. 51 s 6pres s 3 ins 2019 SL No. 2 s 44Meaning of eligible solar PV system(1)An eligible solar PV system is a solar PV system installed at premises that—

(a)has a system capacity of 3kW or more; and

(b)includes, or is installed with, solar monitoring technology for the system.

(2)In this section—solar monitoring technology means hardware and software that can be used to monitor the operation of the system by—

(a)capturing data about—

(i)the amount of electricity the system produces; and

(ii)the amount of the electricity produced that is used at the premises; and

(iii)the amount of the electricity produced that is supplied to a supply network; and

(iv)the potential impact the system has on the cost of electricity for the premises; and

(b)allowing the data to be accessed electronically from outside the premises.

supply network see the Electricity Act 1994, section 8.s 4 prev s 4 om 2014 SL No. 51 s 6pres s 4 ins 2019 SL No. 2 s 45Meaning of approved residential tenancy agreement(1)An approved residential tenancy agreement is a written residential tenancy agreement providing for—

(a)a residential tenancy for premises for a fixed term of at least 1 year; and

(b)rent of no more than an amount equivalent to—

(i)$350 per week; or

(ii)if an eligible rent-cap notice is prepared—a higher amount per week stated in the notice; and

(c)an increase in the rent to take effect if, after the agreement is entered into, an eligible solar PV system is installed at the premises.

(2)In this section—eligible rent-cap notice means a written notice—

(a)prepared by the electricity chief executive; and

(b)stating the highest amount of rent payable for an approved residential tenancy agreement; and

(c)published on the electricity department’s website.

rent see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.residential tenancy agreement see the Residential Tenancies and Rooming Accommodation Act 2008, section 12.s 5 prev s 5 om 2014 SL No. 51 s 6pres s 5 ins 2019 SL No. 2 s 4Part 2General provisions for schemept hdg prev pt hdg om 2014 SL No. 51 s 6pres pt hdg ins 2019 SL No. 2 s 46Nature of assistanceThe nature of assistance available under the scheme is a rebate to offset the cost to the owner of eligible premises of installing an eligible solar PV system at the premises.s 6 prev s 6 om 2014 SL No. 51 s 6pres s 6 ins 2019 SL No. 2 s 47Eligibility criteria(1)An applicant is eligible for assistance under the scheme for installing an eligible solar PV system for premises if—

(a)the applicant is the owner of the premises; and

(b)the premises are eligible premises; and

(c)the applicant has entered into an approved residential tenancy agreement with the tenant for the premises; and

(d)there is no solar PV system installed at the premises before the approved residential tenancy agreement is entered into; and

(e)the tenant has entered into an agreement, in the approved form, about the installation of the eligible solar PV system; and

(f)before applying for the assistance, the applicant ensures that an eligible supplier has supplied and installed the eligible solar PV system at the premises; and

(g)assistance has not previously been provided for the premises under—

(i)this scheme; or

(ii)the scheme set out in schedule 9.

(2)In this section—eligible supplier means a supplier of solar PV systems listed, at the relevant time, on the electricity department’s website as an eligible supplier of solar PV systems for the scheme. relevant time means the time when the applicant arranges for the eligible supplier to install the eligible solar PV system at the premises under subsection (1)(f).s 7 prev s 7 om 2014 SL No. 51 s 6pres s 7 ins 2019 SL No. 2 s 48Amount of assistanceThe amount of a rebate under the scheme to offset the cost of installing an eligible solar PV system is the lesser of—

(a)the eligible solar PV system; and

(b)the following amount—

(i)for installing an eligible solar PV system that has a system capacity of at least 3kW but less than 4kW—$2,500;

(ii)for installing an eligible solar PV system that has a system capacity of at least 4kW but less than 5kW—$3,000;

(iii)for installing an eligible solar PV system that has a system capacity of 5kW or more—$3,500.

s 8 prev s 8 om 2014 SL No. 51 s 6pres s 8 ins 2019 SL No. 2 s 49Applications(1)Before applying for assistance under the scheme, a person must give the authority a declaration of understanding.(2)An application for assistance under the scheme must—

(a)be made by no more than 2 applicants, at least 1 of whom must be named as a lessor in the approved residential tenancy agreement for the premises to which the application relates; and

(b)be made to the authority by accessing the relevant website or in the approved form; and

(c)be made on or after the day stated on the relevant website; and

(d)be accompanied by any other documents stated on the relevant website or in the approved form; and

(e)be received by the authority by 30 June 2020.

(3)The authority may ask an applicant for further relevant information required to decide the application.(4)In this section—declaration of understanding means a declaration, in the approved form, that the person understands the requirements for eligibility for assistance and applying for the assistance under the scheme.relevant website means the electricity department’s website.s 9 prev s 9 om 2014 SL No. 51 s 6pres s 9 ins 2019 SL No. 2 s 410Accepting late applicationsDespite section 9(2)(e), the authority may accept an application for assistance under the scheme received after 30 June 2020 if the authority considers it is appropriate to do so in the circumstances.s 10 prev s 10 amd 2012 SL No. 11 s 5om 2014 SL No. 51 s 6pres s 10 ins 2019 SL No. 2 s 411Deciding applications(1)Subject to subsections (2) and (3), the authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.(2)The authority must consider applications in the order they are received.(3)The authority may, for the State, approve an application only if the authority’s assistance funds for the scheme are sufficient to pay for the assistance.s 11 prev s 11 om 2014 SL No. 51 s 6pres s 11 ins 2019 SL No. 2 s 4sch 11 prev sch 11 om 2014 SL No. 51 s 6pres sch 11 ins 2019 SL No. 2 s 4Schedule 12Taxi and Limousine Business Support Grants Schemesection 3(1)sch 12 hdg prev sch 12 hdg amd 2011 SL No. 192 s 5om 2014 SL No. 51 s 6pres sch 12 hdg ins 2019 SL No. 157 s 4Part 1Preliminarysch 12 pt 1 hdg prev pt 1 hdg om 2014 SL No. 51 s 6pres pt 1 hdg ins 2019 SL No. 157 s 41Objective of schemeThe objective of the scheme is to provide for assistance to eligible holders of eligible licences to use business improvement services or financial advocacy services for adjusting to changes in the taxi service industry or limousine service industry.sch 12 s 1 prev sch 12 s 1 om 2014 SL No. 51 s 6pres sch 12 s 1 ins 2019 SL No. 157 s 42DefinitionsIn this schedule—applicant means a person applying for assistance under the scheme.applicant group see section 12(1)(b).booked hire service see the Transport Operations (Passenger Transport) Act 1994, schedule 3.business improvement service, in relation to a taxi service or booked hire service, see section 4.conditional approval, for assistance, means conditional approval given under section 7.eligible holder, of an eligible licence, see section 3(1) or (2).eligible licence means a taxi service licence, or a limousine licence other than a special purpose limousine licence, that—

(a)is in force and is not suspended under the Transport Operations (Passenger Transport) Act 1994; and

(b)was in force immediately before 11 August 2016.

eligible service means a business improvement service or financial advocacy service in relation to a taxi service or booked hire service.final approval, for assistance, means final approval given under section 8.financial advocacy service, in relation to a taxi service or booked hire service—

(a)means a service for helping the holder of an eligible licence providing the taxi service or booked hire service to deal directly with financial problems associated with providing the taxi service or booked hire service; butExamples of types of financial advocacy services—

•negotiating with creditors

•giving advice about recovering debts

(b)does not include a legal service.

legal service means a legal service under the Legal Profession Act 2007.limousine licence see the Transport Operations (Passenger Transport) Act 1994, schedule 3.notice means written notice.scheme means the scheme set out in this schedule.special purpose limousine licence see the Transport Operations (Passenger Transport) Act 1994, section 91I(5).taxi service see the Transport Operations (Passenger Transport) Act 1994, schedule 3.taxi service licence see the Transport Operations (Passenger Transport) Act 1994, schedule 3.sch 12 s 2 prev sch 12 s 2 om 2014 SL No. 51 s 6pres sch 12 s 2 ins 2019 SL No. 157 s 43Who is the eligible holder of an eligible licence(1)A person is the eligible holder of an eligible licence for the scheme if the person—

(a)is registered in the licence register as the holder of the licence; and

(b)was the holder of the licence immediately before 11 August 2016.

(2)A person is also the eligible holder of an eligible licence for the scheme if—

(a)the licence was a relevant licence under the expired Taxi and Limousine Industry Assistance Scheme Regulation 2016, section 5; and

(b)either—

(i)the person was declared to be the relevant holder of the licence under section 7A of that regulation; or

(ii)the transport chief executive considers the person would be entitled to be declared to be the relevant holder of the licence under section 7A of that regulation if it were still in force.

(3)In this section—licence register means the register of licences mentioned in the Transport Operations (Passenger Transport) Act 1994, section 91U.transport chief executive means the chief executive of the department in which the Transport Operations (Passenger Transport) Act 1994 is administered.sch 12 s 3 prev sch 12 s 3 om 2014 SL No. 51 s 6pres sch 12 s 3 ins 2019 SL No. 157 s 44What is a business improvement service(1)A business improvement service, in relation to a taxi service or booked hire service, is a service for improving the efficiency of the taxi service or booked hire service.(2)A business improvement service may include any of the following—

(a)acquiring new equipment, including, for example, computer equipment;

(b)participating in training relevant to the taxi service industry or limousine service industry;

(c)obtaining advice relating to business, financial or strategic planning.

(3)However, a business improvement service does not include—

(a)a financial advocacy service; or

(b)a legal service; or

(c)acquiring equipment other than new equipment; or

(d)a service relating to—

(i)fitting or maintaining a vehicle security camera system; or

(ii)otherwise altering a vehicle.

(4)In this section—equipment does not include—

(a)a vehicle; or

(b)a vehicle security camera system; or

(c)another part of a vehicle.

new equipment means equipment that has not previously been sold or used.vehicle security camera system see the Transport Operations (Passenger Transport) Regulation 2018, schedule 9.sch 12 s 4 prev sch 12 s 4 om 2014 SL No. 51 s 6pres sch 12 s 4 ins 2019 SL No. 157 s 4Part 2General provisions for schemesch 12 pt 2 hdg prev pt 2 hdg om 2014 SL No. 51 s 6pres pt 2 hdg ins 2019 SL No. 157 s 45Nature of assistanceThe nature of the assistance that may be given under the scheme is a rebate to offset—

(a)the cost of using a business improvement service, to the maximum amount under section 9 or 10(2); or

(b)the cost of using a financial advocacy service, to the maximum amount under section 10(3).

sch 12 s 5 prev sch 12 s 5 om 2014 SL No. 51 s 6pres sch 12 s 5 ins 2019 SL No. 157 s 46Eligibility for conditional approval for assistance(1)An applicant is eligible for conditional approval for assistance under the scheme if the authority is satisfied—

(a)the applicant is the eligible holder of an eligible licence for providing a taxi service or booked hire service; and

(b)the applicant has applied for conditional approval for assistance to use an eligible service in relation to the taxi service or booked hire service; and

(c)the applicant using the eligible service is likely to improve the efficiency of, or otherwise provide a commercial benefit for, the taxi service or booked hire service; and

(d)the applicant has arranged, or will arrange, for the eligible service to be supplied by a person who is not a related entity for the applicant; and

(e)other than to the extent the eligible service involves the applicant acquiring equipment, the person providing the service has—

(i)the appropriate qualifications or experience to provide the service; or

(ii)membership of a professional body that entitles the person to provide the service; and

(f)the applicant has not paid all or part of the cost of using the eligible service; and

(g)the applicant is not the holder of an eligible licence for providing a taxi service or booked hire service for which assistance, or conditional or final approval for assistance, under the scheme has already been given.

(2)For subsection (1)(d), a person is a related entity for an applicant if—

(a)the person and the applicant are members of the same family; or

(b)the person is employed by the applicant or an entity owned or partially owned by the applicant; or

(c)the person and the applicant are related bodies corporate; or

(d)for a person that is a corporation, the applicant or a member of the applicant’s family—

(i)is a majority shareholder, director or secretary of—

(A)the corporation; or

(B)a related body corporate of the corporation; or

(ii)has an interest of 50% or more in the corporation.

(3)In this section—family, for a person, means—

(a)the person’s spouse; or

(b)a parent, child, sibling, grandparent, aunt, uncle, cousin, nephew, niece or grandchild of the person or the person’s spouse; or

(c)the spouse of a person to whom paragraph (b) applies.

related body corporate see the Corporations Act, section 50.sch 12 s 6 prev sch 12 s 6 om 2014 SL No. 51 s 6pres sch 12 s 6 ins 2019 SL No. 157 s 47Conditional approval for assistance(1)Subsection (2) applies if the authority is satisfied an applicant is eligible under section 6 for conditional approval for assistance to use an eligible service.(2)The authority may, by notice to the applicant, give conditional approval for the assistance only on the condition stated in subsection (3).(3)The applicant must—

(a)use the eligible service after being given the notice under subsection (2); and

(b)apply for final approval for assistance for the use of the service no later than 31 July 2020.

sch 12 s 7 prev sch 12 s 7 om 2014 SL No. 51 s 6pres sch 12 s 7 ins 2019 SL No. 157 s 48Final approval for assistance(1)This section applies if—

(a)the authority has given an applicant conditional approval for assistance to use an eligible service; and

(b)the applicant has applied under section 7(3)(b) for final approval for the assistance.

(2)The authority must decide to—

(a)approve the application and give final approval for the assistance; or

(b)refuse the application.

(3)The authority may, by notice to the applicant, give final approval for assistance to use the eligible service if satisfied—

(a)the applicant has used the service in compliance with section 7(3)(a); and

(b)the applicant is otherwise still eligible for conditional approval for the assistance under section 6, other than section 6(1)(f).

sch 12 s 8 prev sch 12 s 8 om 2014 SL No. 51 s 6pres sch 12 s 8 ins 2019 SL No. 157 s 49Amount and payment of assistance—applicant groups(1)This section applies if—

(a)the members of an applicant group have applied for assistance under the scheme to use a business improvement service; and

(b)the authority has given conditional approval for the assistance for all members of the group; and

(c)the members of the group have applied for final approval for the assistance no later than 31 July 2020; and

(d)the authority has given final approval for the assistance for all members of the group.

(2)The authority must pay the least of the following amounts for the applicant group—

(a)50% of the cost of using the business improvement service;

(b)$5,000 for each eligible licence for providing a taxi service or booked hire service for which the members of the group have applied for assistance;

(c)$20,000.

(3)The authority must pay the amount of assistance under subsection (2) for the applicant group in the way it considers appropriate.Example of a way of paying that may be considered appropriate—paying the amount of the assistance to members of the group who have been nominated by the other members of the group to receive paymentsch 12 s 9 prev sch 12 s 9 amd 2012 SL No. 11 s 6 (1)om 2014 SL No. 51 s 6pres sch 12 s 9 ins 2019 SL No. 157 s 410Amount and payment of assistance—other applicants(1)This section applies if the authority gives final approval for assistance for using an eligible service to an applicant, other than an applicant to whom section 9 relates.(2)For assistance for using a business improvement service, the authority must pay the applicant the lesser of the following amounts—

(a)50% of the cost of using the business improvement service;

(b)$5,000.

(3)For assistance for using a financial advocacy service, the authority must pay the applicant the lesser of the following amounts—

(a)the cost of using the financial advocacy service;

(b)$5,000.

sch 12 s 10 prev sch 12 s 10 om 2014 SL No. 51 s 6pres sch 12 s 10 ins 2019 SL No. 157 s 411Condition of assistance(1)Payment of assistance under the scheme for the cost of using an eligible service is subject to the condition stated in subsection (2).(2)The applicant must give the authority tax invoices for any amounts paid or payable by the applicant and official receipts for any amounts paid by the applicant for using the eligible service.(3)In this section—official receipt means a receipt for an amount paid by an applicant to an entity that includes—

(a)the name and address of the entity that issued the receipt; and

(b)if the entity has an Australian Business Number—the Australian Business Number; and

(c)a description of each item to which the receipt relates.

sch 12 s 11 prev sch 12 s 11 om 2014 SL No. 51 s 6pres sch 12 s 11 ins 2019 SL No. 157 s 412Applications(1)An application for conditional approval for assistance may be made by—

(a)a person as the eligible holder of a single eligible licence; or

(b)the members of a group of persons (an applicant group) as the eligible holders of different eligible licences.

(2)An applicant mentioned in subsection (1)(a) may apply for assistance to use only 1 of the following—

(a)a business improvement service;

(b)a financial advocacy service.

(3)An applicant mentioned in subsection (1)(b) may apply for assistance to use only a business improvement service.(4)An application for conditional or final approval for assistance must—

(a)be in the form approved by the authority; and

(b)be accompanied by any other documents stated in the approved form.

(5)An application for final approval for assistance must be given to the authority no later than 31 July 2020.sch 12 s 12 prev sch 12 s 12 om 2014 SL No. 51 s 6pres sch 12 s 12 ins 2019 SL No. 157 s 413Deciding applications(1)Subject to subsections (2) to (4), the authority must consider, and decide to approve or refuse, each application for assistance under the scheme.(2)The authority must consider applications in the order they are received.(3)The authority may ask an applicant for further relevant information required to decide an application.(4)The authority, for the State, may approve an application only if the authority’s assistance funds for the scheme are sufficient to pay for the assistance.sch 12 s 13 prev sch 12 s 13 amd 2012 SL No. 11 s 6 (2)om 2014 SL No. 51 s 6pres sch 12 s 13 ins 2019 SL No. 157 s 414sch 12 s 14 om 2014 SL No. 51 s 6Schedule 13Farming in reef catchments rebate schemesection 3(1)sch 13 hdg prev sch 13 hdg amd 2011 SL No. 192 s 5om 2014 SL No. 51 s 6pres sch 13 hdg ins 2019 SL No. 158 s 4sch 13 pt 1 hdg om 2014 SL No. 51 s 6sch 13 pt 2 hdg om 2014 SL No. 51 s 61Objective of schemeThe objective of the scheme is to provide for assistance to primary producers for primary production enterprises in eligible areas to obtain eligible professional advice from an approved agricultural adviser. sch 13 s 1 prev sch 13 s 1 om 2014 SL No. 51 s 6pres sch 13 s 1 ins 2019 SL No. 158 s 42DefinitionsIn this schedule—applicant means a person applying for financial assistance under the scheme.approved agricultural adviser means a person—

(a)whom the authority considers has the appropriate qualifications and experience to give eligible professional advice; and

(b)who is listed on the authority’s website as an approved agricultural adviser.

eligible area means the area shown as the Great Barrier Reef catchment on the map, held by the environment department, called ‘Great Barrier Reef catchment and river basins’ dated 23 August 2018. Editor’s note—A copy of the map may be obtained from the environment department’s head office.eligible professional advice means written advice—

(a)about managing nutrient and sediment pollution in the eligible area to contribute to achieving the targets for water quality improvement for the Great Barrier Reef under the Reef 2050 Water Quality Improvement Plan; and

(b)mentioning actions that may be taken to contribute to achieving the targets.

environment department means the department in which the Environmental Protection Act 1994 is administered.primary producer means—

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or

(b)in relation to a partnership, proprietary company or trust that carries on a primary production enterprise, the partners in the partnership, shareholders in the company or the trustees or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the primary production enterprise.

primary production enterprise means a business—

(a)involving primary production in any of the following forms—

(i)cattle grazing;

(ii)cultivating bananas;

(iii)cultivating sugar cane; and

(b)for which an entity holds an Australian Business Number.

proprietary company means a proprietary company within the meaning of the Corporations Act.Reef 2050 Water Quality Improvement Plan means the plan called ‘Reef 2050 Water Quality Improvement Plan 2017–2022’, prepared by the Australian Government and Queensland Government.Editor’s note—The plan is published on the environment department’s website.scheme means the scheme set out in this schedule.sch 13 s 2 prev sch 13 s 2 om 2014 SL No. 51 s 6pres sch 13 s 2 ins 2019 SL No. 158 s 43Nature of assistance The nature of the assistance that may be given under the scheme is a rebate to offset the cost of obtaining eligible professional advice to the maximum amount under section 5.sch 13 s 3 prev sch 13 s 3 om 2014 SL No. 51 s 6pres sch 13 s 3 ins 2019 SL No. 158 s 44Eligibility criteria(1)For an applicant to be eligible to receive assistance under the scheme, the authority must be satisfied that—

(a)the applicant is a primary producer; and

(b)the applicant is carrying on a primary production enterprise on land that is substantially in the eligible area; and

(c)the applicant has been given eligible professional advice, no earlier than 1 year before the commencement, relevant to carrying on the primary production enterprise; and

(d)the applicant was a primary producer carrying on the primary production enterprise when the advice was given; and

(e)the person who gave the advice was an approved agricultural adviser when the applicant applied for the assistance; and

(f)when the advice was given, the approved agricultural adviser was not—

(i)related to the applicant; or

(ii)employed by an entity owned or partially owned by the applicant; and

(g)the applicant has paid for the advice; and

(h)assistance has not already been given under the scheme in relation to the primary production enterprise; and

(i)no other assistance from the Commonwealth or State has been given in relation to the primary production enterprise for improving water quality on land that is substantially in the eligible area.

(2)For subsection (1), land is substantially in the eligible area if at least 75% of the area of the land is within the eligible area.sch 13 s 4 prev sch 13 s 4 om 2014 SL No. 51 s 6pres sch 13 s 4 ins 2019 SL No. 158 s 45Amount of assistanceThe amount of assistance payable under the scheme to an applicant who has obtained eligible professional advice is the lesser of—

(a)the cost of obtaining the advice; and

(b)$1,000.

sch 13 s 5 prev sch 13 s 5 om 2014 SL No. 51 s 6pres sch 13 s 5 ins 2019 SL No. 158 s 46Applications(1)An application for assistance under the scheme must be—

(a)made by the applicant in the form approved by the authority; and

(b)accompanied by—

(i)a copy of the eligible professional advice to which the application relates; and

(ii)a tax invoice and a document evidencing payment of the amount claimed by the applicant for the advice; and

(iii)a declaration signed by the approved agricultural adviser who gave the advice stating that the actions mentioned in the advice, if taken, should contribute to achieving the targets for water quality improvement for the Great Barrier Reef under the Reef 2050 Water Quality Improvement Plan; and

(iv)any other documents stated in the form.

(2)The authority may ask an applicant to provide further relevant information required to decide the application.sch 13 s 6 prev sch 13 s 6 om 2014 SL No. 51 s 6pres sch 13 s 6 ins 2019 SL No. 158 s 47Deciding applications(1)Subject to subsections (2) and (3), the authority must consider, and decide to approve or refuse to approve, each application for assistance.(2)The authority must consider applications in the order they are received.(3)The authority may approve an application only if the authority’s assistance funds for the scheme are sufficient to pay for the assistance.sch 13 s 7 prev sch 13 s 7 om 2014 SL No. 51 s 6pres sch 13 s 7 ins 2019 SL No. 158 s 48sch 13 s 8 om 2014 SL No. 51 s 69sch 13 s 9 om 2014 SL No. 51 s 610sch 13 s 10 om 2014 SL No. 51 s 611sch 13 s 11 om 2014 SL No. 51 s 612sch 13 s 12 om 2014 SL No. 51 s 613sch 13 s 13 om 2014 SL No. 51 s 614sch 13 s 14 amd 2012 SL No. 11 s 7 (1); 2012 SL No.84 s 5(1)om 2014 SL No. 51 s 615sch 13 s 15 om 2014 SL No. 51 s 616sch 13 s 16 om 2014 SL No. 51 s 617sch 13 s 17 om 2014 SL No. 51 s 618sch 13 s 18 amd 2012 SL No. 11 s 7 (2); 2012 SL No. 84 s 5 (2)om 2014 SL No. 51 s 619sch 13 s 19 om 2014 SL No. 51 s 6Schedule 14Household waste payment schemesection 3(1)sch 14 hdg prev sch 14 hdg amd 2011 SL No. 192 s 5om 2014 SL No. 51 s 6pres sch 14 hdg ins 2019 SL No. 195 s 41Objective of schemeThe objective of the scheme is to provide financial assistance to eligible individuals and eligible proprietors for households that are, or are reasonably likely to be, directly affected by the waste levy.2DefinitionsIn this schedule—applicant means a person applying for financial assistance under the scheme.category 1 applicant means an applicant who is an eligible proprietor for a household.category 2 applicant means an applicant who is an eligible individual for a household, other than a category 3 applicant or category 4 applicant.category 3 applicant means an applicant who is an eligible individual for a household that occupies residential premises located within multi-dwelling premises that are primarily occupied for a holiday purpose.category 4 applicant means an applicant who is an eligible individual for a household that occupies residential premises located within multi-dwelling premises the owner of which has refused to apply for assistance under the scheme for the household for the financial year to which the applicant’s application relates.domestic waste means waste other than—

(a)commercial and industrial waste under the Waste Reduction and Recycling Act 2011, schedule; or

(b)construction and demolition waste under the Waste Reduction and Recycling Regulation 2011, schedule 9.

domestic waste service means a service for the collection and disposal of domestic waste.eligible individual, for a household, see section 5(1) and (2).eligible proprietor, for a household, see section 6(1) and (2).household means 1 or more individuals who—

(a)occupy the same residential premises as a usual place of residence; and

(b)have occupied the premises for 6 months or more for that purpose.

multi-dwelling premises means 2 or more premises that have all of the following attributes—

(a)1 entity is the owner of all of the premises;

(b)all of the premises are generally regarded as constituting a group of premises, including, for example—

(i)2 or more separate flats, apartments or other units within 1 building; and

(ii)2 or more adjoining buildings; and

(iii)2 or more buildings that are separated by common areas owned, leased or otherwise managed by the entity mentioned in paragraph (a);

(c)at least 1 of the premises is residential premises.

non-levy zone see the Waste Reduction and Recycling Act 2011, section 26.owner, of premises situated at a place, means—

(a)if the place is freehold land—the person who, under the Land Title Act 1994, is the registered owner of the place; or

(b)if the place is the subject of a lease under the Land Act 1994—the person who, under that Act, is registered as the lessee of the place; or

(c)otherwise—the entity that has responsibility for the care, control or management of the place.

residential premises means premises that are—

(a)occupied, or intended to be occupied, by 1 or more individuals as a usual place of residence; and

(b)generally regarded as a single unit private dwelling, including, for example—

(i)a house or townhouse; and

(ii)a flat, apartment or unit; and

(iii)a caravan or its site, or both the caravan and site; and

(iv)a room in a boarding house, hostel, lodging house or nursing home; and

(v)a houseboat.

scheme means the scheme set out in this schedule.waste see the Environmental Protection Act 1994, section 13.waste levy see the Waste Reduction and Recycling Act 2011, section 36.waste levy zone see the Waste Reduction and Recycling Act 2011, section 26.3Nature of assistance(1)The nature of assistance that may be given under the scheme is a payment of an amount to an applicant who is an eligible individual, or an eligible proprietor, for a household for a financial year.(2)The amount of the payment is worked out under section 8.4Period of schemeThe authority may give assistance under the scheme for each financial year during the period starting on 1 July 2019 and ending on 30 June 2022.5Eligibility criteria—eligible individuals(1)An applicant is an eligible individual, for a household, if the authority is satisfied—

(a)the applicant is an individual who is, or is part of, the household; and

(b)a domestic waste service is provided to the household by an entity, other than a local government, under a commercial arrangement; and

(c)the household is, or is reasonably likely to be, directly affected by the waste levy because of the domestic waste service.

(2)Also, an applicant is an eligible individual, for a household, if the authority is satisfied—

(a)the applicant is an individual who is, or is part of, the household; and

(b)the applicant occupies residential premises located within multi-dwelling premises; and

(c)a domestic waste service is provided to the household by a local government or an entity mentioned in subsection (1)(b); and

(d)the household is, or is reasonably likely to be, directly affected by the waste levy because of the domestic waste service.

(3)This section is subject to section 7.6Eligibility criteria—eligible proprietors(1)An applicant is an eligible proprietor, for a household, if the authority is satisfied—

(a)the applicant is the owner of residential premises occupied by the household; and

(b)the applicant is not part of the household; and

(c)the household is, or is reasonably likely to be, directly affected by the waste levy because of a domestic waste service provided to the household.

(2)Also, an applicant is an eligible proprietor, for a household, if the authority is satisfied—

(a)the applicant is the owner of multi-dwelling premises; and

(b)the household occupies residential premises located within the multi-dwelling premises; and

(c)the household is, or is reasonably likely to be, directly affected by the waste levy because of a domestic waste service provided to the household.

(3)This section is subject to section 7.7Other eligibility criteria(1)For an applicant to be an eligible individual or eligible proprietor for a household, in relation to assistance for a financial year, the authority must also be satisfied that—

(a)no assistance has previously been paid for the household for the financial year; and

(b)the household does not occupy residential premises in a local government area in relation to which an annual payment has been made for the financial year; and

(c)the application relates to a domestic waste service that is provided to the household for waste generated only by the household.

(2)For sections 5(1)(c) and (2)(d) and 6(1)(c) and (2)(c), the authority must have regard to the following matters for deciding whether a household is, or is reasonably likely to be, directly affected by the waste levy—

(a)whether the household occupies residential premises located in the waste levy zone;

(b)whether domestic waste collected from the residential premises occupied by the household is disposed of in the waste levy zone.

(3)In this section—annual payment means an annual payment under the Waste Reduction and Recycling Act 2011, section 73D(1) or another payment for a similar purpose made to a local government affected by the waste levy.8Amount of payment(1)For a category 1 applicant or category 2 applicant, the amount of the payment under the scheme for a financial year is worked out using the following formula—P = A x W x L x Bwhere—P is the amount of the payment.A is the total capacity of bins used for domestic waste at the following premises, calculated with reference to the frequency of waste collection at the premises during the financial year—

(a)if the household to which the application relates occupies residential premises located within multi-dwelling premises—the multi-dwelling premises;

(b)otherwise—the residential premises occupied by the household.

W is 0.0592.Note—0.0592 is the average deemed weight to volume ratio.L is the waste levy rate for other levyable waste for the financial year under the Waste Reduction and Recycling Regulation 2011, schedule 1.B is—

(a)if the household to which the application relates occupies residential premises located within multi-dwelling premises—the proportion of the number of residential premises occupied by households to the total number of premises located within the multi-dwelling premises; or

(b)otherwise—1.

(2)For a category 3 applicant or category 4 applicant, the amount of the payment under the scheme for a financial year is worked out using the following formula—P = A x L x 52where—P is the amount of the payment.A is 14.2kg.Note—14.2kg is the weekly average waste amount.L is the waste levy rate for other levyable waste for the financial year under the Waste Reduction and Recycling Regulation 2011, schedule 1.9Applications(1)An application for assistance under the scheme must—

(a)be in the form approved by the authority; and

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

(c)be accompanied by evidence of—

(i)the address of the residential premises for the household to which the application relates; and

(ii)the matters stated for the applicant under section 10; and

(d)be given to the authority not later than 30 June 2022.

(2)The authority may ask an applicant for further relevant information required to decide the application.10Relevant matters for particular categories of applicants(1)This section states, for section 9(1)(c)(ii), the matters of which an applicant must give the authority evidence.(2)For a category 1 applicant or category 2 applicant, the matters are—

(a)the domestic waste service provided to the household; and

(b)the capacity of bins used for domestic waste, and the frequency of domestic waste collection, at the residential premises occupied by the household; and

(c)if the household occupies residential premises located within multi-dwelling premises—the proportion of the number of residential premises occupied by households to the total number of premises located within the multi-dwelling premises; and

(d)for a category 2 applicant—that the applicant is, or is part of, the household.

(3)For a category 3 applicant, the matters are—

(a)that the applicant is, or is part of, a household; and

(b)that the household occupies residential premises located within multi-dwelling premises that are primarily occupied for a holiday purpose.

(4)For a category 4 applicant, the matters are—

(a)that the applicant is, or is part of, a household; and

(b)that the eligible proprietor for the household has refused to apply for assistance under the scheme for the financial year to which the application relates.

11Deciding applications(1)The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.(2)If the authority approves the application, the authority may impose conditions on the giving of the assistance.sch 14 prev sch 14 om 2014 SL No. 51 s 6pres sch 14 ins 2019 SL No. 195 s 4Schedule 15Queensland Government Solar Hot Water Rebate Schemesch hdg amd 2011 SL No. 192 s 5om 2014 SL No. 51 s 61Objective of schemes 1 om 2014 SL No. 51 s 62Nature of assistances 2 om 2014 SL No. 51 s 63Definitions for sch 15s 3 om 2014 SL No. 51 s 6def eligibility period ins 2012 SL No. 76 s 3 (1)def final purchase day ins 2012 SL No. 76 s 3 (1)4General eligibility criterias 4 amd 2012 SL No. 76 s 3 (2)–(3)om 2014 SL No. 51 s 64AAdditional eligibility criteria—final purchase day and installations 4A ins 2012 SL No. 76 s 3 (4)om 2014 SL No. 51 s 65Alternative general eligibility criteria for particular flood or cyclone damaged water heaterss 5 om 2014 SL No. 51 s 66Additional eligibility criteria for concessional rebates 6 om 2014 SL No. 51 s 67Amount of assistances 7 om 2014 SL No. 51 s 68Applicationss 8 amd 2012 SL No. 76 s 3 (5)om 2014 SL No. 51 s 69Deciding applicationss 9 om 2014 SL No. 51 s 6sch 15 om 2014 SL No. 51 s 6Schedule 16Schemes approved under Act, section 11(4)section 3(2)

1The scheme set out in the Australian Government Policy Guidelines for the Subsidised Interest Rate Scheme for Pastoralists and Service Businesses Involved in Live Cattle Exports to Indonesia, published by the Commonwealth Department of Agriculture, Fisheries and Forestry.

2The scheme set out in the document called ‘Farm Finance: Concessional Loans Scheme—Scheme Guidelines for Queensland’, published by the authority.

3The scheme set out in the document called ‘Drought Concessional Loans Scheme—Scheme Guidelines for Queensland’, published by the authority.Note—The document is available on the authority’s website.

4The scheme set out in the document called ‘Drought Recovery Concessional Loans Scheme—Scheme Guidelines for Queensland’, published by the authority.

5The scheme set out in the documents called ‘Farm Business Concessional Loans Scheme—Drought Assistance Concessional Loans—Guidelines for Queensland’ and ‘Farm Business Concessional Loans Scheme—Business Improvement Concessional Loans—Guidelines for Queensland’, published by the authority.Note—The documents are available on the authority’s website.

6The scheme set out in the document called ‘North Queensland Floods (North and Far North Queensland Monsoon Trough, 25 January–14 February 2019) Restocking, Replanting and On-farm Infrastructure Grants’, published by the authority.Note—The document is available on the authority’s website.

sch 16 ins 2011 SL No. 192 s 6amd 2013 SL No. 157 s 3; 2014 SL No. 114 s 3; 2014 SL No. 327 s 3; 2016 SL No. 194 s 3; 2017 SL No. 123 s 6; 2019 SL No. 57 s 3Schedule 17Special Disaster Western Queensland Tropical Low 2012 Assistance SchemePart 1Preliminarypt hdg om 2014 SL No. 51 s 61Objective of schemes 1 om 2014 SL No. 51 s 62Purpose of assistances 2 om 2014 SL No. 51 s 63Definitions for sch 17s 3 om 2014 SL No. 51 s 64Meaning of small businesss 4 om 2014 SL No. 51 s 6Part 2GENERAL PROVISIONS FOR SCHEMEpt hdg om 2014 SL No. 51 s 65Nature of assistances 5 om 2014 SL No. 51 s 66Application may be made in 1 capacity onlys 6 om 2014 SL No. 51 s 67Eligibility criteria—primary producers 7 om 2014 SL No. 51 s 68Eligibility criteria—small business owners 8 om 2014 SL No. 51 s 69Eligibility criteria—non-profit organisations 9 om 2014 SL No. 51 s 610Restrictions on eligibilitys 10 om 2014 SL No. 51 s 611Special requirement for particular assistances 11 om 2014 SL No. 51 s 612Financial hardships 12 om 2014 SL No. 51 s 613Amount of assistances 13 om 2014 SL No. 51 s 614Conditionss 14 ins 2012 SL No. 44 s 4amd 2012 SL No. 84 s 6 (1)om 2014 SL No. 51 s 615Special provision for particular applications—primary producer or small business owners 15 om 2014 SL No. 51 s 616Special provision for particular applications—non-profit organisations 16 om 2014 SL No. 51 s 617Special provision about insurances 17 om 2014 SL No. 51 s 618Applicationss 18 ins 2012 SL No. 44 s 4amd 2012 SL No. 84 s 6 (2)om 2014 SL No. 51 s 619Deciding applicationss 19 om 2014 SL No. 51 s 6sch 17 ins 2012 SL No. 44 s 4om 2014 SL No. 51 s 6Schedule 18sch 18 ins 2012 SL No. 44 s 4om 2014 SL No. 51 s 6Schedule 19sch 19 ins 2012 SL No. 51 s 4om 2014 SL No. 51 s 6Schedule 20Hendra virus PPE Rebate Schemesection 3(1)1Objective of schemeThe objective of the scheme is to assist eligible applicants in offsetting the purchase price of prescribed PPE for eligible veterinary surgeons who may be at significant risk of being exposed to the Hendra virus.2Nature of assistance(1)The nature of assistance that may be given to an applicant under the scheme is a rebate to offset the purchase price of prescribed PPE for eligible veterinary surgeons.(2)The following rebates are payable under the scheme—

(a)a rebate for the initial purchase of prescribed PPE for an eligible veterinary surgeon (the start-up rebate);

(b)a rebate for the purchase of prescribed PPE payable after an approved test of a suspected Hendra virus infection sample has been completed (the replenishment rebate).

3Definitions for sch 20In this schedule—applicant means a person applying for financial assistance under the scheme.approved entity means the department in which the repealed Exotic Diseases in Animals Act 1981 was administered immediately before that Act was repealed.def approved entity sub 2016 SL No. 75 s 129 sch 12approved test means 1 or more tests of a suspected Hendra virus infection sample—

(a)carried out by the approved entity for diagnosing the Hendra virus; and

(b)for which the approved entity has issued a unique identifying number.

Examples of diagnostic tests—

•polymerase chain reaction test

•virus isolation test

•enzyme linked immunosorbent assay test

•virus neutralisation test

eligible veterinary surgeon, for an applicant, see section 5(1)(d).official receipt means a receipt including—

(a)the name and address of the entity that issued the receipt; and

(b)if the entity has an Australian Business Number—the Australian Business Number; and

(c)a description of each item to which the receipt relates.

prescribed PPE see section 4.replenishment rebate see section 2(2)(b).scheme means the scheme set out in this schedule.start-up rebate see section 2(2)(a).suspected Hendra virus infection sample means a sample taken by a veterinary surgeon from a horse that, when the sample was taken—

(a)was showing symptoms of disease; and

(b)was suspected by the veterinary surgeon of being infected with the Hendra virus.

veterinary surgeon see the Veterinary Surgeons Act 1936, schedule.4Meaning of prescribed PPEPrescribed PPE means—

(a)any of the following items of personal protective equipment—

•biohazard bag

•disposable boot covers

•disposable overalls

•disposable respirator

•duct tape

•full face shield

•nitrile gloves

•safety eyewear

•sharps disposal container; or

(b)a pack containing any of the items of personal protective equipment mentioned in paragraph (a).

5General eligibility criteria(1)An applicant is eligible for assistance under the scheme if the authority is satisfied that—

(a)the applicant is 1 of the following entities conducting a veterinary practice—

(i)an individual conducting the veterinary practice on the individual’s own account (a sole trader);

(ii)2 or more individuals in a partnership;

(iii)a corporation; and

(b)the applicant holds an Australian Business Number for the veterinary practice; and

(c)the applicant is not—

(i)the State, the Commonwealth or another State; or

(ii)an instrumentality or agent of the State, the Commonwealth or another State; or

(iii)an entity established or operated under an Act that is funded to any extent with moneys of, or otherwise financially assisted by, the State, the Commonwealth or another State; and

(d)any of the following persons is a veterinary surgeon (an eligible veterinary surgeon) whose practice of veterinary science relates to horses—

(i)for an applicant who is a sole trader—the applicant;

(ii)for an applicant that is a partnership—a partner in the partnership;

(iii)for any applicant—a person employed, engaged or otherwise acting under the direction of the applicant in the person’s practice of veterinary science; and

(e)the eligibility criteria under section 6 or 7 have been met.

(2)In this section—veterinary science see the Veterinary Surgeons Act 1936, section 2A.6Eligibility criteria for start-up rebateFor an applicant to be eligible for the start-up rebate, the authority must be satisfied that—

(a)the applicant bought prescribed PPE on or after 24 March 2012; and

(b)the applicant has not already received the start-up rebate.

7Eligibility criteria for replenishment rebateFor an applicant to be eligible for the replenishment rebate, the authority must be satisfied—

(a)an eligible veterinary surgeon for the applicant took a suspected Hendra virus infection sample from a horse; and

(b)the sample was given to the approved entity for testing for the Hendra virus; and

(c)the approved entity completed an approved test of the sample on or after 24 March 2012; and

(d)the replenishment rebate has not already been paid for the approved test.

8Amount and payment of assistance(1)The amount of the start-up rebate payable for an application is the amount paid for prescribed PPE up to a maximum of $250 for each eligible veterinary surgeon to whom the application relates.(2)The start-up rebate can be paid to an applicant only once.(3)The amount of the replenishment rebate is $250 for each approved test that is completed.(4)The replenishment rebate can be paid for an approved test only once.9Applications(1)An application for assistance under the scheme must be—

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

(b)accompanied by the documents mentioned in the application form.

(2)Without limiting subsection (1)(b), an application for the start-up rebate must be accompanied by tax invoices and official receipts for the purchase of the prescribed PPE to which the application relates.(3)The authority may request that an applicant provide further relevant information required to decide the application.(4)An application for assistance under the scheme must be received by the authority no later than 30 June 2016.10Deciding applicationsThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.sch 20 ins 2012 SL No. 85 s 5Schedule 21Disaster Assistance (Non-profit Organisations) Loans Schemesection 3(1)sch hdg amd 2018 SL No. 172 s 24Part 1Preliminary1Objective of schemeThe objective of the scheme is to provide assistance to eligible entities that have suffered direct damage caused by an eligible disaster.s 1 ins 2012 SL No. 176 s 6amd 2013 SL No. 19 s 62Purpose of assistance(1)The purpose of the assistance under the scheme is to help an eligible entity pay for costs arising out of direct damage caused by an eligible disaster.(2)However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered as a result of an eligible disaster.s 2 ins 2012 SL No. 176 s 6amd 2013 SL No. 19 s 63Definitions for sch 21In this schedule—applicant means a person applying for financial assistance under the scheme.appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003.defined disaster area, for an eligible disaster, means an area—

(a)defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and

(b)described in a document held by the authority and available for inspection by members of the public.

Editor’s note—Defined disaster areas are published on the authority’s website.def defined disaster area amd 2013 SL No. 19 s 6; 2018 SL No. 172 s 25 (3)development see the Planning Act 2016, schedule 2.def development sub 2017 SL No. 103 s 115disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.Editor’s note—The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.def disaster recovery funding arrangements ins 2018 SL No. 172 s 25 (2)eligible entity means a non-profit organisation eligible for assistance under the scheme.eligible disaster means—

(a)a natural disaster; or

(b)a terrorist act.

def eligible disaster (prev def eligible natural disaster) amd 2013 SL No. 19 s 6sub 2018 SL No. 172 s 25 (1)–(2)natural disaster see section 4.def natural disaster ins 2018 SL No. 172 s 25 (2)natural disaster relief and recovery arrangements ...def natural disaster relief and recovery arrangements om 2018 SL No. 172 s 25 (1)non-profit organisation means a charity or other not-for-profit entity that is—

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

(b)either—

(i)registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966; or

(ii)registered or otherwise authorised to raise funds under a law of another State.

def non-profit organisation sub 2018 SL No. 172 s 25 (1)–(2)official receipt means a receipt including—

(a)the name and address of the entity that issued the receipt; and

(b)if the entity has an Australian Business Number—the Australian Business Number; and

(c)a description of each item to which the receipt relates.

scheme means the scheme set out in this schedule.terrorist act see the Police Powers and Responsibilities Act 2000, section 211.def terrorist act ins 2018 SL No. 172 s 25 (2)s 3 ins 2012 SL No. 176 s 64Meaning of natural disaster(1)A natural disaster means any of the following events—

(a)a bushfire;

(b)a cyclone;

(c)an earthquake;

(d)a flood;

(e)a landslide;

(f)a meteorite strike;

(g)a storm, including any of, or any combination of, the following—

(i)hail;

(ii)rain;

(iii)wind;

(h)a storm surge;

(i)a tornado;

(j)a tsunami.

•a deliberate act

•an accident

•development

s 4 ins 2012 SL No. 176 s 6amd 2013 SL No. 19 ss 6, 9; 2018 SL No. 172 s 26Part 2General provisions for scheme5Nature of assistanceThe nature of the assistance under the scheme is the provision of a concessional loan for re-establishing the normal operation of an eligible entity, including doing any of the following—

(a)repairing or replacing damaged plant and equipment;

(b)repairing or restoring essential premises, including grounds, amenities and infrastructure;

(c)supplying stock for up to 1 month to replace lost stock and maintain liquidity of the eligible entity.

s 5 amd 2018 SL No. 172 s 276Maximum loan amount(1)The amount of loan assistance for an applicant under the scheme for an eligible disaster—

(a)is based on the authority’s assessment of the applicant’s financial position, including any amount recovered by the applicant under an insurance policy; and

(b)must not be more than the amount of the net loss to the applicant caused by the eligible disaster.

(2)However, the amount of a loan to an applicant under the scheme for an eligible disaster must not be more than $100,000.s 6 ins 2002 SL No. 176 s 6amd 2013 SL No. 19 s 6; 2014 SL No. 169 s 6sub 2018 SL No. 172 s 287Eligibility criteriaAn applicant is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied—

(a)the applicant is a non-profit organisation; and

(b)immediately before the eligible disaster, the applicant carried on operations as a non-profit organisation in the defined disaster area; and

(c)the applicant has suffered direct damage to essential premises, plant, equipment or stock for carrying on its operations as a non-profit organisation as a result of the eligible disaster; and

(d)the applicant has not taken excessive risks in carrying on operations as a non-profit organisation; andExample for paragraph (d)—The authority is satisfied the applicant’s capital expenditure for the non-profit organisation has not been excessive.

(f)the applicant is responsible for the cost of repairing or replacing the damaged assets; and

(g)the applicant has used all liquid assets and normal credit sources up to normal credit limits; and

(h)the applicant can not, from the applicant’s own resources and without assistance under the scheme—

(i)repair or replace assets directly damaged as a result of the eligible disaster; or

(ii)return to operations at a similar level as before the eligible disaster; and

(i)before applying for the assistance, the applicant has used any other available assistance from the Commonwealth or State or insurance to repair or replace damaged assets or to try to return the non-profit organisation to operations at a similar level as before the eligible disaster; and

(j)the applicant demonstrates the ability to repay the loan applied for.

s 7 prev s 7 ins 2012 SL No. 176 s 6amd 2013 SL No. 19 s 6om 2014 SL No. 51 s 7pres s 7 ins 2018 SL No. 172 s 288s 8 ins 2012 SL No. 176 s 6amd 2013 SL No. 19 s 6om 2018 SL No. 172 s 289SecurityA loan under the scheme must be secured to the satisfaction of the authority.10Terms of repayment(1)The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.(2)The amounts of the repayments of principal and interest under the loan are the amounts decided by the authority, subject to subsections (3) and (4).(3)The authority may—

(a)review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and

(b)if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.

(4)The authority may allow deferral of repayments of the principal under the loan for up to 2 years, if the principal and interest are repaid over the balance of the term of the loan.s 10 sub 2018 SL No. 172 s 2911Conditions(1)Payment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3).(2)The applicant must, if requested by the authority, provide evidence to the authority from time to time in the form of tax invoices, official receipts for payment, or bank statements, showing—

(a)full details of the goods or services acquired; and

(b)that all amounts claimed by the applicant under the scheme have been paid by the applicant.

(3)If an applicant asks for the authority’s consent to substitute a security for an existing security for the loan and the authority consents to the substitution, the applicant must pay to the authority—

(a)the authority’s reasonable fee for giving the consent; and

(b)any other reasonable costs of the authority in relation to the substitution.

12Applications(1)An application for assistance under the scheme must—

(a)be made on the authority’s application form; and

(b)be accompanied by the documentation stated on the application; and

(c)be given to the authority.

(2)The authority may request that an applicant provide further relevant information required to decide the application.13Deciding applicationsThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.sch 21 ins 2012 SL No. 176 s 6Schedule 22Queensland East Coast Commercial Net Fishing Reduction Scheme (No. 1)sch hdg amd 2013 SL No. 194 s 4 (1)om 2014 SL No. 51 s 6Part 1Preliminarypt hdg om 2014 SL No. 51 s 61Objective of schemes 1 om 2014 SL No. 51 s 62Purpose of assistances 2 om 2014 SL No. 51 s 63Definitions for sch 22s 3 om 2014 SL No. 51 s 64What is a surrender offers 4 om 2014 SL No. 51 s 6Part 2GENERAL PROVISIONS FOR SCHEMEpt hdg om 2014 SL No. 51 s 6Division 1Nature of assistancediv 1 (s 5) om 2014 SL No. 51 s 65div 1 (s 5) om 2014 SL No. 51 s 6Division 2Notice of invitation for surrender offersdiv 2 (s 6) om 2014 SL No. 51 s 66div 2 (s 6) om 2014 SL No. 51 s 6Division 3Eligibilitydiv 3 (s 7) om 2014 SL No. 51 s 67div 3 (s 7) om 2014 SL No. 51 s 6Division 4Dealing with surrender offersdiv 4 (ss 8–12) om 2014 SL No. 51 s 68div 4 (ss 8–12) om 2014 SL No. 51 s 69div 4 (ss 8–12) om 2014 SL No. 51 s 610div 4 (ss 8–12) om 2014 SL No. 51 s 611div 4 (ss 8–12) om 2014 SL No. 51 s 612div 4 (ss 8–12) om 2014 SL No. 51 s 6Division 5Other provisionsdiv hdg om 2014 SL No. 51 s 613Conditions of assistances 13 ins 2012 SL No. 195 s 4amd 2013 SL No. 194 s 4 (2)om 2014 SL No. 51 s 614Applicationss 14 om 2014 SL No. 51 s 615Deciding applicationss 15 om 2014 SL No. 51 s 6sch 22 ins 2012 SL No. 195 s 4om 2014 SL No. 51 s 6Schedule 23Special Disaster Assistance Recovery Grants Schemesection 3(1)sch hdg ins 2013 SL No. 19 s 10amd 2016 SL No. 133 s 3; 2018 SL No. 172 s 30Part 1Preliminarypt hdg ins 2013 SL No. 19 s 101Objective of schemeThe objective of the scheme is to support community recovery by providing assistance, under agreements entered into from time to time between the Commonwealth and the State, to eligible entities that have suffered direct damage caused by an eligible disaster.s 1 ins 2013 SL No. 19 s 102Purpose of assistance(1)The purpose of the assistance under the scheme is to help an eligible entity pay for costs of clean up and reinstatement of the eligible entity’s primary production enterprise, small business or means for conducting its operations as a non-profit organisation that has suffered direct damage caused by an eligible disaster.(2)However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered because of an eligible disaster.s 2 ins 2013 SL No. 19 s 10amd 2016 SL No. 133 s 4; 2018 SL No. 172 s 313Definitions for sch 23In this schedule—applicant means an entity applying for assistance under the scheme.appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003.assistance establishment notice see section 6(2).closing day, for an application for assistance under the scheme for an eligible disaster, means—

(a)the day by which the authority must receive the application as stated in the assistance establishment notice for the eligible disaster; or

(b)if the day is changed under section 6B, the day as changed.

def closing day sub 2015 SL No. 74 s 4 (1)–(2)defined disaster area, for an eligible disaster, means an area—

(a)defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for the communities affected by the disaster; and

(b)described in a document held by the authority and available for inspection by members of the public.

Editor’s note—Documents describing defined disaster areas are published on the authority’s website.def defined disaster area amd 2016 SL No. 133 s 5 (1); 2018 SL No. 172 s 32 (3)disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.Editor’s note—The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.def disaster recovery funding arrangements ins 2018 SL No. 172 s 32 (2)disaster zone see section 6A(2).def disaster zone ins 2015 SL No. 74 s 4 (2)eligible disaster means—

(a)a natural disaster; or

(b)a terrorist act.

def eligible disaster sub 2018 SL No. 172 s 32 (1)–(2)eligible entity means any of the following eligible under part 4 for assistance under the scheme—

(a)a primary producer;

(b)a small business owner;

(c)a non-profit organisation.

def eligible entity amd 2015 SL No. 74 s 4 (3)exceptional circumstances grant see section 7(2).def exceptional circumstances grant ins 2015 SL No. 74 s 4 (2)sub 2018 SL No. 172 s 32 (1)–(2)January–February 2019 Queensland flood disaster means the eligible disaster defined by the appropriate Minister on 8 February 2019, for the purpose of activating the disaster recovery funding arrangements, as ‘North and Far North Queensland Monsoon Trough, 25 January - 10 February 2019’ (as amended from time to time).Note—See also—

(a)the summary of the appropriate Minister’s approval activating the disaster recovery funding arrangements for the eligible disaster published on the website of the Queensland Reconstruction Authority; and

(b)the assistance establishment notice for the eligible disaster published on the authority’s website.

def January–February 2019 Queensland flood disaster ins 2019 SL No. 8 s 3livestock includes poultry.def livestock ins 2015 SL No. 74 s 4 (2)natural disaster see section 4.def natural disaster ins 2018 SL No. 172 s 32 (2)natural disaster relief and recovery arrangements ...def natural disaster relief and recovery arrangements amd 2016 SL No. 133 s 5 (2)om 2018 SL No. 172 s 32 (1)non-profit organisation means a charity or other not-for-profit entity that is—

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

(b)either—

(i)registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966; or

(ii)registered or otherwise authorised to raise funds under a law of another State.

def non-profit organisation sub 2018 SL No. 172 s 32 (1)–(2)official receipt means a receipt including—

(a)the name and address of the entity that issued the receipt; and

(b)if the entity has an Australian Business Number—the Australian Business Number; and

(c)a description of each item to which the receipt relates.

primary producer means—

(a)a sole trader who—

(i)spends the majority of his or her labour on a primary production enterprise; and

(ii)either—

(A)derives the majority of his or her income from the primary production enterprise; or

(b)a partnership, company or trust that carries on a primary production enterprise for which the partners, shareholders or beneficiaries—

(i)spend the majority of their labour on a primary production enterprise; and

(ii)either—

(A)derive the majority of their income from the primary production enterprise; or

primary production enterprise means a business—

(a)that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and

(b)for which an entity holds an Australian Business Number.

reinstatement, of a primary production enterprise, small business or means for conducting operations as a non-profit organisation, means the carrying out of activities that are necessary to help the enterprise, business or organisation to continue or resume production or trading at a similar level as before the eligible disaster.def reinstatement ins 2018 SL No. 172 s 32 (2)scheme means the scheme set out in this schedule.small business means a small business under section 5 or 5A.def small business sub 2015 SL No. 74 s 4 (1)–(2)small business owner means a sole trader, partnership, private company or trust that carries on a small business.standard grant see section 7(2).def standard grant ins 2015 SL No. 74 s 4 (2)sub 2018 SL No. 172 s 32 (1)–(2)stated closing day see section 6A(1)(f).def stated closing day ins 2015 SL No. 74 s 4 (2)terrorist act see the Police Powers and Responsibilities Act 2000, section 211.def terrorist act ins 2018 SL No. 172 s 32 (2)s 3 ins 2013 SL No. 19 s 104Meaning of natural disaster(1)A natural disaster means any of the following events described in an assistance establishment notice—

(a)a bushfire;

(b)a cyclone;

(c)an earthquake;

(d)a flood;

(e)a landslide;

(f)a meteorite strike;

(g)a storm, including any, or any combination, of the following—

(i)hail;

(ii)rain;

(iii)wind;

(h)a storm surge;

(i)a tornado;

(j)a tsunami.

•a deliberate act

•an accident

•development

(3)In this section—development see the Planning Act 2016, schedule 2.s 4 ins 2013 SL No. 19 s 10amd 2017 SL No. 103 s 116; 2018 SL No. 172 s 335Meaning of small business(1)A small business is a business—

(a)for which an entity holds an Australian Business Number; and

(b)in which are employed fewer than—

(i)20 full-time employees; or

(ii)if the business has employees other than full-time employees—20 equivalent full-time employees.

(2)However, a small business does not include a body corporate under the Body Corporate and Community Management Act 1997.(3)Also, a business is not a small business if—

(a)the business is operated by a public company; or

(b)the business is a charitable business that, under the disaster recovery funding arrangements, is eligible to receive assistance for the clean-up and reinstatement of the business in relation to direct damage caused by an eligible disaster.

(4)Further, a business is not a small business if—

(a)the business is carried on by a sole trader; and

(b)the business has no employees, other than the sole trader; and

(c)the sole trader does not derive the majority of the sole trader’s income from the business.

(5)Despite subsection (4)(c), a business is a small business if the sole trader—

(a)immediately before an eligible disaster, derived the majority of the sole trader’s income from the business; and

(b)in the opinion of the authority, would have derived the majority of the sole trader’s income from the small business again, but for the eligible disaster.

(6)For subsection (1)(b), the number of equivalent full-time employees of a business is worked out using the formula—where—E means the number of equivalent full-time employees of the business.F means the number of full-time employees of the business.P means the total number of hours worked each week by employees other than full-time employees.(7)In this section—charitable business means a business that does not operate to make a profit.full-time employee, of a business, means an individual who ordinarily works for at least 35 hours each week for the business.public company means a public company within the meaning of the Corporations Act.s 5 ins 2013 SL No. 19 s 10amd 2015 SL No. 74 s 5; 2016 SL No. 133 s 6; 2018 SL No. 172 s 345ASmall businesses in development(1)This section applies if—

(a)an individual is developing an enterprise to become a small business under section 5; and

(b)in the authority’s opinion, the enterprise will be developed into a small business under section 5 that will be carried on by the individual as a sole trader.

(2)The enterprise is taken to be a small business.(3)The individual is taken to be carrying on the small business.(4)Activities carried on for the purpose of the development are taken to be business activities.s 5A ins 2015 SL No. 74 s 6Part 2Establishment of assistancept hdg ins 2013 SL No. 19 s 10sub 2015 SL No. 74 s 76Publication of assistance establishment notice(1)This section applies if the Commonwealth and the State have agreed that assistance should be given under the disaster recovery funding arrangements to eligible entities for an event mentioned in section 4(1).(2)The Minister may publish, on the authority’s website, a notice (an assistance establishment notice) complying with section 6A for the event.s 6 ins 2013 SL No. 19 s 10sub 2015 SL No. 74 s 7amd 2016 SL No. 133 s 7; 2018 SL No. 172 s 356ARequirements for assistance establishment notice(1)The assistance establishment notice must state—

(a)a description of the event; and

(b)whether either or both of the following are eligible to apply for assistance for the event—

(i)primary producers;

(ii)small business owners and non-profit organisations; and

Note—Under section 10, an entity may apply for assistance in only 1 capacity.

(c)whether assistance for the event is available by way of either or both of the following—

(i)a standard grant;

(ii)an exceptional circumstances grant; and

Note—Even if both grants are available, under section 23(3) an applicant may apply for only 1 of the grants.

(d)the maximum total amount of assistance that may be given to an eligible entity for the event; andNote—See section 20.

(e)whether or not section 18(3) applies in relation to an application for the assistance and, if so, whether section 18(3) applies in relation to the total or another stated amount of the assistance; and

(f)the day (the stated closing day) by which an application for the assistance must be received by the authority.

(2)Subsection (3) applies if, for the disaster recovery funding arrangements, a matter mentioned in any of subsection (1)(b) to (e) applies differently in relation to the assistance for the event for damage suffered in different areas (each of which is a disaster zone) within the defined disaster area.(3)The assistance establishment notice must also state—

(a)a description of the location of each disaster zone; and

(b)as relevant, the matter mentioned in subsection (1)(b) to (e) as it applies in relation to the assistance for damage suffered in each disaster zone.Note—See sections 18(2) and (3) and 23(4).

(4)For subsection (3)(a), a disaster zone may be described by reference to a map or plan accompanying the assistance establishment notice.s 6A ins 2015 SL No. 74 s 7amd 2018 SL No. 172 s 366BAmending assistance establishment notice to change closing dayThe Minister may, on or before the stated closing day, amend the assistance establishment notice to change the stated closing day to a later day.s 6B ins 2015 SL No. 74 s 7Part 3Nature of assistancept hdg ins 2013 SL No. 19 s 10sub 2015 SL No. 74 s 77Nature of assistance under scheme(1)The nature of the assistance that may be given under the scheme is a grant to help an eligible entity clean-up and reinstate the entity’s—
(a)primary production enterprise; or
(b)small business; or
(c)means for conducting its operations as a non-profit organisation;
that has suffered direct damage caused by an eligible disaster.(2)The grant may be for an amount up to $10,000 (a standard grant) or up to the amount mentioned in subsection (3) (an exceptional circumstances grant) to cover the cost of any of the things to which section 8(2)(a) to (h) applies.(3)For subsection (2), the maximum amount for an exceptional circumstances grant is—
(a)if the grant is for an eligible entity that is a primary producer for the January–February 2019 Queensland flood disaster—$75,000; or
(b)if the grant is for an eligible entity that is a small business owner or non-profit organisation for the January–February 2019 Queensland flood disaster—$50,000; or
(c)otherwise—$25,000.
s 7 ins 2013 SL No. 19 s 10sub 2015 SL No. 74 s 7amd 2016 SL No. 133 s 8; 2018 SL No. 172 s 37; 2019 SL No. 8 s 4; 2019 SL No. 26 s 38Assistance under standard or exceptional circumstances grant(1)This section applies to a standard grant or exceptional circumstances grant for an eligible entity’s primary production enterprise, small business or means for conducting its operations as a non-profit organisation.(2)The grant may cover a cost that has been incurred for any of the following things because of direct damage caused by the eligible disaster—
(a)engaging a tradesperson to conduct a safety inspection of damage to a property, premises or equipment;
(b)purchasing, hiring or leasing equipment or materials to clean a property, premises or equipment;
(c)employing a person to clean a property, premises or equipment if—
(i)the cost would not ordinarily have been incurred in the absence of an event mentioned in section 4(1); or
(ii)the cost exceeds the cost of employing a person to clean the property, premises or equipment that would ordinarily have been incurred in the absence of an event mentioned in section 4(1);
(d)removing and disposing of debris or damaged goods and material;
(e)repairing a building or repairing or replacing fittings in a building, if the repair or replacement is essential for resuming operation of the primary production enterprise, small business or non-profit organisation;Examples of fittings for paragraph (e)—electrical wiring, floor coverings, shelving
(f)purchasing, hiring or leasing equipment or materials that are essential for immediately resuming operation of the primary production enterprise, small business or non-profit organisation;
(g)for a primary production enterprise, any of the following—
(i)repairing or reconditioning essential equipment;
(ii)repairing or replacing fencing on a property, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State;Examples of other assistance—
•a freight subsidy under the disaster recovery funding arrangements for transporting fencing materials
•a concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying the costs of repair or replacement of fencing
(iii)purchasing fodder, other than to the extent the cost may be recovered under other assistance from the Commonwealth or State;Examples of other assistance—
•a freight subsidy under the disaster recovery funding arrangements for carting emergency fodder
•a concessional loan under the Disaster Assistance (Primary Producers) Loans Scheme under schedule 2 for purposes including paying for fodder
(iv)maintaining the health of livestock;
(v)replacing dead livestock;
(vi)repairing or restoring fields;
(vii)salvaging crops, grain or feed;
(viii)replacing lost or damaged plants if the replacement is essential for immediately resuming operation of the primary production enterprise;
(ix)replacing essential water that has been used for fire fighting;
(x)carting water;
(h)for a small business or non-profit organisation, either of the following—
(i)replacing lost or damaged stock if the replacement is essential for immediately resuming operation of the small business or non-profit organisation;
(ii)leasing temporary premises for the purpose of resuming operation of the small business or non-profit organisation.
(3)For subsection (2), a reference to a building does not include a reference to a building that is used as a dwelling, unless—
(a)the dwelling is used for carrying on the primary production enterprise, small business or non-profit organisation; orExample of a dwelling for paragraph (a)—a dwelling used for temporary accommodation for workers for a primary production enterprise
(b)for a small business—the dwelling is an asset of the business.Example of a dwelling for paragraph (b)—a dwelling that is let by a small business whose main activity involves letting dwellings
(4)In this section—damaged goods, for a primary production enterprise, includes injured or dead livestock.employing includes engaging under a contract for services.plants includes root stock, seedlings, seeds and tube stock.s 8 ins 2013 SL No. 19 s 10sub 2015 SL No. 74 s 7; 2016 SL No. 133 s 9; 2018 SL No. 172 s 389Assistance under exceptional circumstances grants 9 ins 2013 SL No. 19 s 10sub 2015 SL No. 74 s 7om 2016 SL No. 133 s 9Part 4Eligibility for assistancept hdg ins 2013 SL No. 19 s 109APurpose of pt 4This part provides for the eligibility of an entity for assistance under the scheme.s 9A ins 2015 SL No. 74 s 810Application may be made in 1 capacity onlyAn entity may apply for assistance under the scheme in only 1 of the following capacities—
(a)primary producer;
(b)small business owner;
(c)non-profit organisation.
s 10 ins 2013 SL No. 19 s 1011Eligibility criteria—primary producer(1)An applicant who is a primary producer is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied—
(a)an assistance establishment notice states that primary producers are eligible to apply for the assistance; and
(b)either—
(i)the applicant’s primary production enterprise is located in the defined disaster area for the eligible disaster and has suffered direct damage as a result of the eligible disaster; or
(ii)both of the following apply—
(A)the applicant’s primary production enterprise is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area;
(B)plant or equipment of the primary production enterprise situated in the defined disaster area has been damaged as a result of the eligible disaster; and
(c)the applicant was engaged in the primary production enterprise when the eligible disaster happened; and
(d)the applicant is primarily responsible for meeting the costs claimed in the application; and
(e)for an applicant applying for assistance to cover the cost of a thing mentioned in section 8(2)(g)(v), (vi) or (vii)—the applicant has provided satisfactory evidence of the loss or damage to which the cost relates; and
(f)the applicant intends to re-establish the primary production enterprise in the defined disaster area for the eligible disaster.
(2)To remove any doubt, it is declared that subsection (1)(e) is not limited by section 18.(3)Subsection (1)(d) to (f) does not apply to an applicant if—
(a)the applicant’s application for assistance is for the January–February 2019 Queensland flood disaster; and
(b)an assistance establishment notice for the disaster states that this subsection applies to the applicant.
s 11 ins 2013 SL No. 19 s 10sub 2015 SL No. 74 s 9amd 2018 SL No. 172 s 39; 2019 SL No. 8 s 512Eligibility criteria—small business owner(1)An applicant who is a small business owner is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied—
(a)an assistance establishment notice states that small business owners are eligible to apply for the assistance; and
(b)either—
(i)the applicant’s small business is located in the defined disaster area for the eligible disaster and has suffered direct damage as a result of the eligible disaster; or
(ii)both of the following apply—
(A)the applicant’s small business is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area;
(B)plant or equipment of the small business situated in the defined disaster area has been damaged as a result of the eligible disaster; and
(c)the applicant was engaged in carrying on the small business when the eligible disaster happened; and
(d)the applicant is primarily responsible for meeting the costs claimed in the application; and
(e)the applicant intends to re-establish the small business in the defined disaster area for the eligible disaster.
(2)However, an applicant is not eligible for assistance under the scheme for damage to a property the applicant lets to a person for residential or commercial purposes, unless the applicant lets the property in the course of operating a business.s 12 ins 2013 SL No. 19 s 10amd 2015 SL No. 74 s 10; 2016 SL No. 133 s 10; 2018 SL No. 172 s 4013Eligibility criteria—non-profit organisation(1)An applicant that is a non-profit organisation is eligible for assistance under the scheme for an eligible disaster if the authority is satisfied—
(a)an assistance establishment notice states that non-profit organisations are eligible to apply for the assistance; and
(b)either—
(i)the non-profit organisation is located in the defined disaster area for the eligible disaster and its means for conducting its operations have suffered direct damage as a result of the eligible disaster; or
(ii)both of the following apply—
(A)the non-profit organisation is located outside the defined disaster area for the eligible disaster but is operated at least sometimes on a regular basis in the area;
(B)plant or equipment of the non-profit organisation situated in the defined disaster area has been damaged as a result of the eligible disaster; and
(c)the applicant was engaged in conducting its operations when the eligible disaster happened; and
(d)the applicant is primarily responsible for meeting the costs claimed in the application; and
(e)the applicant can not repair or replace assets directly damaged as a result of the eligible disaster from the applicant’s own resources without assistance under the scheme; and
(f)the applicant intends to re-establish its operations in the defined disaster area for the eligible disaster.
(2)However, a non-profit organisation is not eligible for assistance under the scheme for an eligible disaster if—
(a)the disaster recovery funding arrangements activated for the eligible disaster include a community recovery fund; and
(b)the non-profit organisation has claimed or received a grant under the community recovery fund for the eligible disaster.
s 13 ins 2013 SL No. 19 s 10sub 2015 SL No. 74 s 11amd 2016 SL No. 133 s 11; 2018 SL No. 172 s 4114Additional restrictions on eligibility—non-profit organisation(1)A non-profit organisation is not eligible for assistance under the scheme for an item for which a claim is made in the application if the non-profit organisation has received or been approved to receive financial assistance, other than partial assistance, under another scheme, whether or not of the Commonwealth government or another government.(2)In this section—partial assistance, in relation to another scheme, means assistance under that scheme to fund part of the cost of the item for which a claim is made in the application.s 14 ins 2013 SL No. 19 s 1015Eligibility for standard grantAn applicant is eligible for a standard grant for an eligible disaster if—
(a)an assistance establishment notice states that assistance for the eligible disaster is available by way of a standard grant; and
(b)the applicant has not applied for an exceptional circumstances grant for the eligible disaster.
s 15 ins 2013 SL No. 19 s 10sub 2015 SL No. 74 s 1216Eligibility for exceptional circumstances grant(1)An applicant is eligible for an exceptional circumstances grant for an eligible disaster if—
(a)an assistance establishment notice states that assistance for the eligible disaster is available by way of an exceptional circumstances grant; and
(b)the applicant has not applied for a standard grant for the eligible disaster; and
(c)the applicant consents to the authority obtaining information or documents from an insurer about the applicant’s primary production enterprise, small business or means for conducting its operations as a non-profit organisation, to allow the authority to verify the applicant’s entitlements under an insurance policy taken out with the insurer.
(2)Subsection (1)(c) does not apply to an applicant if—
(a)the applicant’s application for assistance is for the January–February 2019 Queensland flood disaster; and
(b)an assistance establishment notice for the disaster states that this subsection applies to the applicant.
s 16 ins 2013 SL No. 19 s 10sub 2015 SL No. 74 s 12amd 2019 SL No. 8 s 617Effect of insurance on eligibility for exceptional circumstances grant(1)This section applies to an applicant for assistance for an eligible disaster by way of an exceptional circumstances grant if the applicant receives, or is entitled to receive, an amount under a policy of insurance for a relevant cost relating to direct damage caused by the eligible disaster.(2)The applicant is not eligible to receive assistance under the scheme to cover the relevant cost.(2A)This section does not apply to an applicant if—
(a)the applicant’s application for assistance is for the January–February 2019 Queensland flood disaster; and
(b)an assistance establishment notice for the disaster states that this subsection applies to the applicant.
(3)In this section—relevant cost means the cost of any of the things to which section 8(2)(a) to (h) applies.s 17 ins 2013 SL No. 19 s 10sub 2015 SL No. 74 s 12amd 2016 SL No. 133 s 12; 2018 SL No. 172 s 42; 2019 SL No. 8 s 718Financial evidence for application(1)Subsection (3) applies in relation to an application for assistance under the scheme for an eligible disaster—
(a)if the assistance establishment notice for the disaster states subsection (3) applies to the application; and
(b)in relation to the amount of the assistance stated in the notice.
(2)Also, if an eligible entity applies for assistance for damage suffered in 2 or more disaster zones, and the assistance establishment notice states that subsection (3) applies in relation to any of those zones, then subsection (3) applies to the application in relation to all of the zones.(3)An applicant is eligible for assistance for the eligible disaster only if the applicant provides evidence to the authority, in the form of tax invoices, official receipts for payment or bank statements, that all amounts claimed by the applicant under the scheme have been paid by the applicant.s 18 ins 2013 SL No. 19 s 10sub 2015 SL No. 74 s 12Part 5Conditions of assistancept hdg ins 2013 SL No. 19 s 10sub 2015 SL No. 74 s 1219Keeping records for audit(1)Payment of assistance under the scheme is subject to the following conditions—
(a)an applicant must, until 1 year after the closing day for the applicant’s application for assistance, keep the following records for amounts for which the applicant has received assistance under the scheme—
(i)all tax invoices, official receipts, bank statements or other similar records of amounts paid;
(ii)all quotations or other similar records of amounts claimed;
(b)an applicant must consent to the authority conducting an audit of the records mentioned in paragraph (a) to allow the authority to verify that amounts given to the applicant under the scheme have been used in accordance with the application for assistance.
(2)This section does not apply to the payment of an exceptional circumstances grant if—
(a)the grant is for the January–February 2019 Queensland flood disaster; and
(b)an assistance establishment notice for the disaster states that this subsection applies to the applicant for the grant.
s 19 ins 2013 SL No. 19 s 10sub 2015 SL No. 74 s 12amd 2019 SL No. 8 s 8Part 6Amount of assistancept hdg (prev pt 7 hdg) ins 2013 SL No. 19 s 10renum 2015 SL No. 74 s 1320Maximum amount of assistanceSubject to sections 20A to 22, the maximum amount of assistance that may be given under the scheme to an eligible entity for an eligible disaster is the amount stated in the assistance establishment notice for the eligible disaster.s 20 ins 2013 SL No. 19 s 10amd 2015 SL No. 74 s 1420AAssistance given for damage in 2 or more disaster zones(1)This section applies if—
(a)assistance is given under the scheme to an eligible entity for damage suffered in 2 or more disaster zones; and
(b)the assistance establishment notice states different maximum total amounts of assistance applying to those disaster zones.
(2)The maximum total amount of assistance that may be given to the entity is the highest of the amounts mentioned in subsection (1)(b).s 20A ins 2015 SL No. 74 s 1521Special provisions for primary producers and small business owners(1)This section applies if—
(a)either—
(i)an eligible entity that is a primary producer carries on more than 1 primary production enterprise (each a separate business) at separate locations; or
(ii)an eligible entity that is a small business owner carries on more than 1 small business (each also a separate business) at separate locations; and
(b)the authority is satisfied the separate business would be a commercially viable and autonomous business (an eligible separate business) if the other separate businesses carried on by the eligible entity ceased to operate.
(2)The eligible entity may apply for assistance under the scheme for each eligible separate business as if each eligible separate business were a separate primary production enterprise or small business in relation to which the applicant may be eligible for assistance under the scheme.(3)The maximum amount of assistance that may be given under the scheme to an eligible entity for each eligible separate business, for an eligible disaster, is the maximum amount of the assistance stated in the assistance establishment notice under section 6A(1)(d).(4)For subsection (1)(b), the authority may have regard to the following—
(a)the staffing arrangements of the separate business;
(b)whether the separate business has its own plant, equipment or stock;
(c)the accounting and insurance arrangements of the separate business;
(d)whether the separate business operates under its own trading name.
(5)Subsection (4) does not limit the matters to which the authority may have regard.s 21 ins 2013 SL No. 19 s 10amd 2015 SL No. 74 s 1622Special provisions for non-profit organisations(1)This section applies if—
(a)an eligible entity that is a non-profit organisation carries on more than 1 operation (each a separate non-profit operation) as a non-profit organisation; and
(b)the authority is satisfied each separate non-profit operation (an eligible separate operation) would continue to run autonomously if other separate non-profit operations carried on by the eligible entity ceased to operate.
(2)The eligible entity may apply for assistance under the scheme for each eligible separate operation as if each eligible separate operation were a separate non-profit organisation in relation to which the applicant may be eligible for assistance under the scheme.(3)The maximum amount of assistance that may be given under the scheme to an eligible entity for each eligible separate operation for an eligible disaster is the maximum amount of the assistance stated in the assistance establishment notice under section 6A(1)(d).(4)For subsection (1)(b), the authority may have regard to the following—
(a)the staffing arrangements of the separate operation;
(b)the accounting and insurance arrangements of the separate operation;
(c)whether the separate operation operates under its own trading name;
(d)the financial independence and autonomy of the separate operation.
(5)Subsection (4) does not limit the matters to which the authority may have regard.s 22 ins 2013 SL No. 19 s 10amd 2015 SL No. 74 s 17Part 7Other provisions about applicationspt hdg (prev pt 8 hdg) ins 2013 SL No. 19 s 10renum 2015 SL No. 74 s 1823Requirements for applications(1)This section applies to an application for assistance under the scheme for damage caused by an eligible disaster.(2)An application must—
(a)be made on the authority’s application form; and
(b)be accompanied by the documents stated in the application; and
(c)be given to the authority.
(3)An applicant may apply for assistance for only 1 of the following—
(a)a standard grant;
(b)an exceptional circumstances grant.
(4)Despite anything in an assistance establishment notice, an application for assistance for damage suffered by the applicant in one disaster zone may also relate to damage suffered by the applicant in another disaster zone.(5)An application must be received by the authority no later than the closing day for the application.(6)The authority may ask an applicant to give further relevant information required to decide the application.s 23 ins 2013 SL No. 19 s 10sub 2015 SL No. 74 s 1924Deciding applicationsThe authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.s 24 ins 2013 SL No. 19 s 10sch 23 ins 2013 SL No. 19 s 10Schedule 24Tropical Cyclone Oswald Exceptional Disaster Assistance SchemePart 1Preliminarypt hdg om 2014 SL No. 51 s 61Objective of schemes 1 om 2014 SL No. 51 s 62Purpose of assistances 2 om 2014 SL No. 51 s 63Definitions for sch 24s 3 om 2014 SL No. 51 s 6Part 2GENERAL PROVISIONS FOR SCHEMEpt hdg om 2014 SL No. 51 s 64Nature of assistances 4 om 2014 SL No. 51 s 65Application may be made in 1 capacity onlys 5 om 2014 SL No. 51 s 66Eligibility criterias 6 om 2014 SL No. 51 s 67Maximum loan and grants amountss 7 om 2014 SL No. 51 s 68Securitys 8 om 2014 SL No. 51 s 69Terms of repayments 9 om 2014 SL No. 51 s 610Conditionss 10 om 2014 SL No. 51 s 611Applicationss 11 ins 2013 SL No. 26 s 4amd 2013 SL No. 157 s 4om 2014 SL No. 51 s 612Deciding applicationss 12 om 2014 SL No. 51 s 6sch 24 ins 2013 SL No. 26 s 4om 2014 SL No. 51 s 6Schedule 25Bovine Johne’s Disease Assistance Schemesection 3(1)Part 1Preliminary1Objective of schemeThe objective of the scheme is to provide assistance to eligible applicants who, because of an occurrence of bovine Johne’s disease in Queensland, have suffered financial loss as a result of 1 or more of the following—
(a)the slaughter of cattle;
(b)alternative supply actions affecting cattle;
(c)the short-term quarantine of cattle.
s 1 sub 2014 SL No. 230 s 3 (1)2Purpose of assistance(1)The purpose of the assistance under the scheme is to help an eligible applicant recover from the financial impact of slaughtering, taking alternative supply actions affecting, or carrying out the short-term quarantine of, cattle under planned slaughter or testing conditions.(2)However, assistance under the scheme is not intended to compensate eligible applicants for losses suffered as a result of slaughtering, taking alternative supply actions affecting, or carrying out the short-term quarantine of, cattle.s 2 amd 2014 SL No. 230 s 3 (2)3Definitions for sch 25In this schedule—accepted value, of an animal to which an application relates, means—
(a)if the applicant bought the animal—the purchase price for the animal; or
(b)otherwise—the value of the animal stated in the latest approved valuation report for the animal.
alternative supply actions, affecting cattle, means the actions for managing the cattle stated in the supply chain plan for the cattle.Examples of alternative supply actions—
•feeding, agisting or consigning the cattle to a feedlot
•transporting the cattle to an alternative market
animal means a head of cattle.applicant means a person applying for assistance under the scheme.application means an application for financial assistance under the scheme.approved valuation report means a valuation report prepared—
(a)by a person accredited as an A1, A2 or A3 assessor of cattle by AuctionsPlus Pty Ltd ACN 072 403 984; andEditor’s note—The requirements for gaining A1, A2 and A3 assessor accreditation are stated on AuctionsPlus Pty Ltd’s website.
(b)in accordance with the Ausvetplan operational procedures.
Ausvetplan operational procedures means the document called ‘Austvetplan Operational Procedures Manual Valuation and Compensation’, version 3.0, published by the Primary Industries Ministerial Council in 2006, or any earlier or later version of the document.bovine Johne’s disease means the bovine strains of Mycobacterium avium paratuberculosis.cattle holding means a place where cattle are kept, pastured or grazed.Examples—
•a farm
•a feedlot
certificate of health means a certificate of health that complies with the repealed Stock Regulation 1988, section 10.def certificate of health amd 2016 SL No. 75 s 129 sch 12direct market assistance see section 5(a).disease plan, for part 4A, see section 11A.def disease plan ins 2014 SL No. 230 s 3 (3)eligible applicant means an applicant who is eligible for assistance under the scheme.inspector see the repealed Stock Act 1915, schedule 2.def inspector ins 2013 SL No. 136 s 3 (1)amd 2016 SL No. 75 s 129 sch 12official receipt means a receipt including—
(a)the name and address of the entity that issued the receipt; and
(b)if the entity has an Australian Business Number—the Australian Business Number; and
(c)a description of each item to which the receipt relates.
PDIP guide means the document called ‘Property Disease Investigation Plan’, version 4.1, published by the department on 1 April 2013, or any earlier or later version of the document.planned slaughter or testing conditions means conditions—
(a)affecting cattle—
(i)that are infected, or suspected to be infected with bovine Johne’s disease; and
(ii)to which either of the following relate—
(A)a notice under the repealed Stock Act 1915, section 14(1); or
(B)an undertaking under the repealed Stock Act 1915, section 14(2); and
(b)stated in a property disease investigation plan or property disease eradication plan.
def planned slaughter or testing conditions amd 2016 SL No. 75 s 129 sch 12property disease eradication plan means a written plan for eradicating bovine Johne’s disease by destocking prepared consistently with the PDIP guide.Note—At the commencement of this definition, the processes for destocking under a property disease eradication plan were set out in item 2.9 of the PDIP guide.property disease investigation plan means a written plan for investigating suspected bovine Johne’s disease prepared in accordance with the PDIP guide and the standard definitions rules and guidelines.related entity see section 4.scheme means the scheme set out in this schedule.short-term assistance see section 5(c).def short-term assistance ins 2014 SL No. 230 s 3 (3)short-term quarantine, of cattle, means the quarantine of cattle for a period of at least 2 months, but not more than 6 months.def short-term quarantine ins 2014 SL No. 230 s 3 (3)standard definitions rules and guidelines means the document called ‘National Johne’s Disease Program Standard Definitions and Rules For Cattle–BJD Standard Definitions, Rules and Guidelines for the control of cattle strains of Mycobacterium paratuberculosis in cattle and for goats, deer and camelids’, version 8, published by the Animal Health Committee in May 2012, or any earlier or later version of the document.supply chain pathway assistance see section 5(b).supply chain plan means a written plan for managing cattle affected by planned slaughter or testing conditions, stating the actions that have been, are being, or are to be, taken to manage the cattle in response to the conditions.s 3 ins 2013 SL No. 81 s 44Meaning of related entity(1)An applicant is a related entity of a person to whom section 7(e)(i) or (ii) applies if the authority considers—
(a)a relationship of a type to which this section applies exists between them; or
(b)a series of relationships of a type to which this section applies can be traced between them through another person or other persons.
(2)This section applies to relationships between the applicant and the person of any of the following types—
(a)a marriage, de facto relationship or civil partnership;
(b)a relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common;
(c)a relationship of employer and employee;
(d)a relationship in which the applicant and the person own or control the same—
(i)cattle; or
(ii)land where cattle are kept; or
(iii)infrastructure or equipment for keeping cattle;
(e)a relationship in which one of them is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other;
(f)a relationship in which one of them is a corporation and the other is in a position to control or substantially influence the corporation’s conduct.
s 4 amd 2014 SL No. 230 s 3 (4); 2016 SL No. 15 s 22 sch 1Part 2General provisions for scheme5Nature of assistanceThe nature of the assistance that may be given under the scheme is the provision of 1 or more of the following—
(a)a grant to help an eligible applicant recover from the financial impact of the slaughter of cattle under planned slaughter or testing conditions (direct market assistance);
(b)a grant to help an eligible applicant recover from the financial impact of taking alternative supply actions affecting cattle under planned slaughter or testing conditions (supply chain pathway assistance);
(c)a grant (short-term assistance) to help an eligible applicant recover from the financial impact of carrying out the short-term quarantine of cattle under planned slaughter or testing conditions.
s 5 amd 2014 SL No. 230 s 3 (5)–(6)6Maximum amount of total assistance under schemeThe maximum amount of the total assistance that may be given to an eligible applicant for all forms of assistance under the scheme is $200,000.Note—See section 11C(2) for the maximum amount of short-term assistance that may be given to an eligible applicant.s 6 amd 2014 SL No. 2 s 3sub 2014 SL No. 230 s 3 (7)amd 2015 SL No. 8 s 3 (1)7Eligibility criteriaAn applicant is eligible for assistance under the scheme if—
(a)the applicant owns cattle in Queensland; and
(b)either—
(i)an inspector has given a notice under the repealed Stock Act 1915, section 14(1), for any of the cattle because the cattle are infected, or suspected to be infected, with bovine Johne’s disease; or
(ii)the applicant has given an undertaking under the repealed Stock Act 1915, section 14(2), relating to any of the cattle because of bovine Johne’s disease or suspected bovine Johne’s disease; and
(c)the notice or undertaking—
(i)was in force on 20 November 2012; or
(ii)has been in force at any time since that day; and
(d)the applicant is eligible for 1 or more of the following—
(i)direct market assistance under section 8;
(ii)supply chain pathway assistance under section 10;
(iii)short-term assistance under section 11B; and
(e)the applicant is not a related entity of a person who—
(i)has been granted assistance under the scheme; or
(ii)has made an application that has not been decided; and
(g)the applicant has not already received the maximum amount of assistance under the scheme; and
(h)if the applicant has brought cattle into Queensland from another State on or after 20 November 2010—the applicant has obtained a certificate of health for the cattle.
s 7 ins 2013 SL No. 81 s 4amd 2013 SL No. 136 s 3 (2); 2014 SL No. 230 s 3 (8)–(10); 2016 SL No. 75 s 129 sch 12Part 3Direct market assistance8Eligibility criteria(1)An applicant is eligible for direct market assistance for slaughtering cattle if, in addition to being satisfied of the matters mentioned in section 7, the authority is satisfied—
(a)the applicant has prepared a property disease investigation plan or a property disease eradication plan (each a relevant plan) in response to bovine Johne’s disease; and
(b)the applicant has slaughtered relevant cattle under the relevant plan.
(2)However, the applicant is not eligible for direct market assistance for slaughtering an animal—
(a)that was 11 years or older; or
(b)in relation to which—
(i)assistance under the scheme has already been granted; or
(ii)an earlier application has been made but is yet to be decided.
(3)In this section—chief inspector see the repealed Stock Act 1915, schedule 2.relevant cattle means cattle of any of the following categories, required to be slaughtered under planned slaughter or testing conditions under a relevant plan—
(a)cattle that have come from a cattle holding where there have been cattle infected with bovine Johne’s disease;Editor’s note—In property disease investigation plans, this category of cattle is commonly referred to as ‘trace forward’ cattle.
(b)cattle kept on a cattle holding where there are, or have been, other cattle infected with bovine Johne’s disease;
(c)cattle from which a blood or faecal sample, taken by an inspector or veterinary surgeon, reacts positively to a test for bovine Johne’s disease that is—
(i)of a type approved by the chief inspector; and
(ii)conducted by a laboratory accredited by the National Association of Testing Authorities Australia ABN 59 004 379 748 to conduct veterinary testing.
veterinary surgeon see the Veterinary Surgeons Act 1936, schedule.s 8 ins 2013 SL No. 81 s 4amd 2013 SL No. 136 s 3 (3)–(6); 2014 SL No. 230 s 3 (11); 2016 SL No. 75 s 129 sch 129Amount of direct market assistance(1)The amount of direct market assistance that may be given to an eligible applicant for the slaughter of an animal to which section 8(1)(b) applies is the amount that is the relevant percentage of the animal’s accepted value worked out under subsection (2) less the amount of the deduction, if relevant, worked out under subsection (3).(2)For subsection (1), the amount that is the relevant percentage of the animal’s accepted value is—
(a)if the accepted value is no more than $2,500—25% of the accepted value; or
(b)if the accepted value is more than $2,500 but no more than $3,000—35% of the accepted value; or
(c)if the accepted value is more than $3,000—50% of the accepted value.
(3)If the animal was older than 7 years when slaughtered, the amount worked out under subsection (2) must be reduced by 25% of that amount for each whole year the animal was above that age.Example—An animal had an accepted value of $4,000 and was 10 years and 3 months old when slaughtered. Under subsection (2)(c) the amount of assistance would have been $2,000 (50% of $4,000) but, under subsection (3), is reduced by $1,500 (25% of $2,000 cumulatively over 3 years). The amount of assistance is therefore $500.(4)This section is subject to section 6.s 9 amd 2014 SL No. 230 s 3 (12)Part 4Supply chain pathway assistance10Eligibility criteria(1)An applicant is eligible for supply chain pathway assistance if, in addition to being satisfied of the matters mentioned in section 7, the authority is satisfied—
(a)cattle owned by the applicant are, or have been—
(i)subject to planned slaughter or testing conditions; or
(ii)kept on a cattle holding where cattle are, or have been, subject to planned slaughter or testing conditions; and
(b)the applicant has prepared a supply chain plan for the cattle that has been approved by the chief executive; and
(c)the applicant has taken the alternative supply actions affecting the cattle stated in the plan.
(2)However, the applicant is not eligible for supply chain pathway assistance for the costs incurred in taking alternative supply actions that affect any of the cattle if—
(a)supply chain pathway assistance has already been granted for—
(i)the same costs in relation to the cattle; or
(ii)the costs incurred in taking alternative supply actions in relation to the cattle under a supply chain plan other than the plan mentioned in subsection (1)(b); or
(b)direct market assistance has already been granted in relation to the cattle; or
(c)an earlier application has been made in relation to the cattle but is yet to be decided.
s 10 amd 2014 SL No. 230 s 3 (13)11Amount of supply chain pathway assistance(1)The amount of supply chain pathway assistance that may be given to an eligible applicant is half of the amount of the costs incurred by the applicant in carrying out the alternative supply actions to which the application relates.(2)This section is subject to section 6.s 11 amd 2014 SL No. 230 s 3 (14)Part 4AShort-term assistancept 4A (ss 11A–11C) ins 2014 SL No. 230 s 3 (15)11ADefinition for pt 4AIn this part—disease plan means—
(a)a property disease investigation plan; or
(b)a property disease eradication plan.
pt 4A (ss 11A–11C) ins 2014 SL No. 230 s 3 (15)11BEligibility criteria(1)An applicant is eligible for short-term assistance if, in addition to being satisfied of the matters mentioned in section 7, the authority is satisfied—
(a)cattle owned by the applicant have been, but are no longer—
(i)under short-term quarantine; and
(ii)subject to planned slaughter or testing conditions under a disease plan prepared by the applicant in response to bovine Johne’s disease; and
(b)the applicant has incurred costs in implementing the disease plan; and
(c)the applicant has not already received the maximum amount of short-term assistance that may be given to an eligible applicant.
(2)However, the applicant is not eligible for short-term assistance for the costs incurred in carrying out the short-term quarantine of any of the cattle if—
(a)short-term assistance has already been granted for—
(i)the same costs in relation to the cattle; or
(ii)the costs incurred in carrying out the short-term quarantine of the cattle under a disease plan other than the plan mentioned in subsection (1)(a)(ii); or
(b)direct market assistance has already been granted in relation to the cattle; or
(c)an earlier application has been made in relation to the cattle but is yet to be decided.
pt 4A (ss 11A–11C) ins 2014 SL No. 230 s 3 (15)11CAmount of short-term assistance(1)The amount of short-term assistance that may be given to an eligible applicant is half of the amount of the costs incurred by the applicant in implementing the disease plan.Examples of costs—
•costs of feeding or agisting the cattle or consigning the cattle to a feedlot
•costs of transporting the cattle to an alternative market
(2)However, the maximum amount of short-term assistance that may be given to an eligible applicant is $20,000.(3)Also, this section is subject to section 6.pt 4A (ss 11A–11C) ins 2014 SL No. 230 s 3 (15)Part 5Other provisions12Conditions of assistance(1)Payment of assistance under the scheme is subject to the conditions stated in subsections (2) to (6).(2)The applicant must give the authority—
(a)each of the following documents that is relevant to the assistance applied for—
(i)the property disease investigation plan;
(ii)the property disease eradication plan;
(iii)the supply chain plan; and
(b)any other document the authority reasonably requires to decide whether or not the applicant is a related entity of a person to whom section 7(e)(i) or (ii) applies.Examples of another document—a lease, an agistment contract
(3)If the application relates to the slaughter of, alternative supply actions affecting, or the short-term quarantine of, cattle that were brought into Queensland from another State on or after 20 November 2010, the applicant must give the authority the certificate of health for the cattle.(4)If the application is for direct market assistance, the applicant must give the authority evidence of the accepted value of each slaughtered animal in the form of—
(a)for an animal bought by the applicant—tax invoices, official receipts for payment or bank statements; or
(b)otherwise—the latest valuation report for the animal.
(5)If the application is for supply chain pathway assistance, the applicant must give the authority evidence of the costs incurred in carrying out the alternative supply actions in the form of tax invoices, official receipts for payment or bank statements.(5A)If the application is for short-term assistance, the applicant must give the authority evidence of the costs incurred in carrying out the short-term quarantine of the cattle in the form of tax invoices, official receipts for payment or bank statements.(6)The applicant must consent to the authority obtaining from the department information about either of the following relevant to the applicant’s eligibility for assistance—
(a)a document mentioned in subsection (2), (3), (4), (5) or (5A);
(b)slaughtering cattle.
s 12 amd 2014 SL No. 230 s 3 (16)–(19)13Applications(1)An application for assistance under the scheme must be—
(a)made on the authority’s application form; and
(b)accompanied by the documentation stated on the application; and
(c)given to the authority.
(2)An application for assistance under the scheme must be received by the authority no later than 30 June 2015.(3)The authority may request that an applicant provide further relevant information or documents required to decide the application.s 13 amd 2014 SL No. 92 s 6; 2015 SL No. 8 s 3 (2)14Deciding applications(1)Subject to subsection (2), the authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.(2)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.sch 25 ins 2013 SL No. 81 s 4Schedule 26sch hdg om 2019 SL No. 71 s 59 sch 1Part 1pt hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 11s 1 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Part 2pt hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Division 1div hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 12s 2 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 13s 3 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 14s 4 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 15s 5 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 16s 6 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Division 2div hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 17s 7 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Part 3pt hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Division 1div hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 18s 8 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Division 2div hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 19s 9 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Division 3div hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 110s 10 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Division 4div hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 111s 11 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Division 5div hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 112s 12 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 113s 13 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 114s 14 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 115s 15 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Division 6div hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 116s 16 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 117s 17 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 118s 18 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Part 4pt hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 119s 19 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1sch 26 orig sch 26 ins 2013 SL No. 194 s 5om 2014 SL No. 51 s 6prev sch 26 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Schedule 27sch hdg om 2019 SL No. 71 s 59 sch 1Part 1pt hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 11s 1 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Part 2pt hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Division 1div hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 12s 2 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 13s 3 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Division 2div hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 14s 4 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Part 3pt hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Division 1div hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 15s 5 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Division 2div hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 16s 6 ins 2015 SL No. 125 s 10 (amd 2015 SL No. 148 s 4 (1))om 2019 SL No. 71 s 59 sch 1Division 3div hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 17s 7 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Division 4div hdg ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 18s 8 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 19s 9 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 110s 10 ins 2015 SL No. 125 s 10 (amd 2015 SL No. 148 s 4 (2))om 2019 SL No. 71 s 59 sch 111s 11 ins 2015 SL No. 125 s 10 (amd 2015 SL No, 148 s 4(3))om 2019 SL No. 71 s 59 sch 112s 12 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 113s 13 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1sch 27 ins 2015 SL No. 125 s 10om 2019 SL No. 71 s 59 sch 1Schedule 28sch hdg om 2019 SL No. 71 s 59 sch 1Part 1pt hdg ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 11s 1 ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 1Part 2pt hdg ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 1Division 1div hdg ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 12s 2 ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 13s 3 ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 1Division 2div hdg ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 14s 4 ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 1Part 3pt hdg ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 1Division 1div hdg ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 15s 5 ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 1Division 2div hdg ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 16s 6 ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 1Division 3div hdg ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 17s 7 ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 1Division 4div hdg ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 18s 8 ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 19s 9 ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 110s 10 ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 111s 11 ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 112s 12 ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 1sch 28 ins 2015 SL No. 148 s 7om 2019 SL No. 71 s 59 sch 1Schedule 29sch hdg om 2019 SL No. 71 s 59 sch 1Part 1pt hdg ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 11s 1 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 12s 2 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 1Part 2pt hdg ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 1Division 1div hdg ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 13s 3 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 14s 4 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 15s 5 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 16s 6 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 17s 7 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 1Division 2div hdg ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 18s 8 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 1Part 3pt hdg ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 1Division 1div hdg ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 19s 9 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 1Division 2div hdg ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 110s 10 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 1Division 3div hdg ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 111s 11 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 1Division 4div hdg ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 112s 12 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 113s 13 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 114s 14 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 115s 15 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 1Division 5div hdg ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 116s 16 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 117s 17 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 118s 18 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 1Part 4pt hdg ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 119s 19 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 1sch 29 ins 2016 SL No. 125 s 5om 2019 SL No. 71 s 59 sch 1Schedule 30Farm management grants schemesection 3(1)sch hdg ins 2017 SL No. 37 s 4pt hdg ins 2017 SL No. 37 s 4om 2018 SL No. 172 s 431Objective of schemeThe objective of the scheme is to help primary producers for primary production enterprises, or interested persons, who have received eligible professional advice from a suitably qualified professional adviser. s 1 ins 2017 SL No. 37 s 42Nature of assistance The nature of the assistance that may be given to an applicant under the scheme is a rebate to offset the cost of the eligible professional advice incurred by the applicant. s 2 ins 2017 SL No. 37 s 43Definitions for sch 30In this schedule—applicant means a person applying for financial assistance under the scheme.eligible professional advice means eligible professional advice under section 4(1).interested person, for a primary production enterprise, means a person who—
(a)is a child of, or is otherwise related to, a primary producer for the primary production enterprise; and
(b)has acquired, or is intending to acquire, an interest in the primary production enterprise.
official receipt means a receipt that includes—
(a)the name and address of the entity that issued the receipt; and
(b)if the entity has an Australian Business Number—the Australian Business Number; and
(c)a description of each item to which the receipt relates.
primary producer means—
(a)a sole trader who spends the majority of the trader’s labour on, and derives the majority of the trader’s income from, a primary production enterprise; or
(b)in relation to a partnership, proprietary company or trust that carries on a primary production enterprise, any partner in the partnership, shareholder in the company or beneficiary of the trust who spends the majority of their labour on, and derives the majority of their income from, the primary production enterprise.
primary production enterprise means a business—
(a)that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and
(b)for which an entity holds an Australian Business Number.
proprietary company means a proprietary company within the meaning of the Corporations Act.scheme means the scheme set out in this schedule.suitably qualified professional adviser, for eligible professional advice, means a person who has—
(a)the relevant qualifications and experience to give the advice; or
(b)membership of a professional body that entitles the adviser to give the advice.
Examples of a suitably qualified professional adviser—accountant, financial planner, lawyers 3 ins 2017 SL No. 37 s 44Eligible professional advice(1)Eligible professional advice under the scheme is professional advice about—
(a)the acquisition of an interest in a primary production enterprise by an interested person for the enterprise; and
(b)particular aspects of the management of a primary production enterprise decided by the Minister to be professional advice to which the scheme applies.Examples of professional advice—accountancy advice, financial planning, legal advice
(2)If the Minister makes a decision under subsection (1)(b), the Minister must notify the authority about the decision.(3)The authority must publish notice of the Minister’s decision on the authority’s website. s 4 ins 2017 SL No. 37 s 45Eligibility criteriaFor an applicant to be eligible to receive assistance under the scheme, the authority must be satisfied that—
(a)the applicant is a primary producer or is an interested person for a primary production enterprise; and
(b)the applicant has paid for, or will pay for, eligible professional advice; and
(c)the eligible professional advice was or will be given by a suitably qualified professional adviser who is—
(i)not related to the applicant; and
(ii)not employed by an entity owned or partially owned by the applicant; and
(d)the authority has funds available to give the applicant a rebate under the scheme.
s 5 ins 2017 SL No. 37 s 46Amount and payment of assistance(1)The amount of the rebate payable to an applicant is half the amount paid by the applicant for eligible professional advice up to a maximum of $2,500 for each official receipt and tax invoice for the eligible professional advice that is given to the authority.(2)However, an applicant may be paid a maximum of only $2,500 in each financial year. s 6 ins 2017 SL No. 37 s 47Applications(1)An application for assistance under the scheme may be made before or after the applicant pays for eligible professional advice.(2)An application for assistance under the scheme made before the applicant pays for eligible professional advice must be—
(a)made on the application form approved by the authority; and
(b)accompanied by the documents mentioned in the application form.
(3)An application for assistance under the scheme made after the applicant pays for eligible professional advice must be—
(a)made on the application form approved by the authority; and
(b)accompanied by—
(i)an official receipt and tax invoice for the eligible professional advice showing that all amounts claimed by the applicant under the scheme have been paid by the applicant; and
(ii)the documents mentioned in the application form.
s 7 ins 2017 SL No. 37 s 48Deciding the applicationThe authority must consider, and decide to approve or refuse to approve, each application for assistance.s 8 ins 2017 SL No. 37 s 49When rebate is payable for eligible professional advice paid for after application made(1)This section applies to the authority in relation to an application for assistance under the scheme that—
(a)was made before the applicant paid for eligible professional advice; and
(b)was approved by the authority.
(2)Payment of a rebate to the applicant may be made only if the applicant gives the authority an official receipt and tax invoice showing that all amounts claimed by the applicant under the scheme have been paid by the applicant.s 9 ins 2017 SL No. 37 s 4Schedule 31White spot disease concessional loan schemesection 3(1)Part 1Preliminarypt hdg ins 2017 SL No. 123 s 71Objective of schemeThe objective of the scheme is to provide assistance to prawn farmers whose prawn farming primary production enterprises are directly affected by white spot disease to help the enterprises recover from the impact of the disease.s 1 ins 2017 SL No. 123 s 72DefinitionsIn this schedule—applicant means a prawn farmer applying for a loan under the scheme.approved form means a form approved by the authority.prawn farmer means—
(a)a sole trader who—
(i)spends the majority of his or her labour on a prawn farming primary production enterprise; and
(ii)derives the majority of his or her income from the prawn farming primary production enterprise at the time of applying for assistance under the scheme; or
(b)a partnership, proprietary company or trust that carries on a prawn farming primary production enterprise for which the partners, shareholders or beneficiaries—
(i)spend the majority of their labour on the prawn farming primary production enterprise; and
(ii)derive the majority of their income from the prawn farming primary production enterprise at the time of applying for assistance under the scheme.
prawn farming primary production enterprise means an aquaculture business—
(a)for which there is an Australian business number; and
(b)that involves the raising and production of prawns—
(i)for human consumption; or
(ii)for sale to a prawn farmer.
proprietary company means a proprietary company within the meaning of the Corporations Act.scheme means the scheme set out in this schedule.white spot disease means the white spot syndrome virus.s 2 ins 2017 SL No. 123 s 7Part 2General provisions for schemept hdg ins 2017 SL No. 123 s 73Nature of assistanceThe nature of the assistance under the scheme is a loan, at a concessional interest rate, to a prawn farmer for activities that—
(a)improve the productivity and viability of the prawn farmer’s prawn farming primary production enterprise; or
(b)improve the biosecurity controls of the prawn farmer’s prawn farming primary production enterprise; orExample of biosecurity controls—access restrictions, bird nets, fencing, solid waste treatment, water treatment
(c)diversify the source of the prawn farmer’s income.Example—buying infrastructure necessary for farming a marine species other than prawns
s 3 ins 2017 SL No. 123 s 74Maximum amount of loanThe maximum amount of a loan under the scheme is $3,000,000.s 4 ins 2017 SL No. 123 s 75Interest rate(1)The initial interest rate payable by an applicant is the base lending rate when the applicant first draws down the loan or part of the loan.(2)The initial interest rate for the loan—
(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the applicant first draws down the loan or part of the loan; and
(b)is worked out by the authority based on the base lending rate when the interest rate is fixed.
(3)At any time during the term of the loan after any period decided under subsection (2)(a), the authority may agree to fix the interest rate for periods of 1, 3 or 5 years.(4)The authority may, during the term of the loan, increase the interest rate to a commercial rate if the authority is satisfied the applicant’s financial capacity has improved.(5)If, under subsection (4), the authority decides to increase the interest rate because the applicant’s financial capacity improves during the term of the loan, the authority may decide the extent to which the interest rate for the loan is to increase—
(a)in an annual review of the loan; and
(b)based on the improvement.
(6)The authority may decide the extent to which the interest rate is to increase under subsection (5) more than once in relation to the applicant.(7)In this section—base lending rate means the 1, 3 or 5 year lending rate, as appropriate, of the Queensland Treasury Corporation, plus a margin decided by the authority and approved by the Minister.s 5 ins 2017 SL No. 123 s 76Terms of repayment(1)The term of a loan under the scheme is the term agreed between the authority and the applicant, based on the applicant’s income patterns.(2)However, the maximum term of a loan under the scheme is 20 years.(3)The authority may give the applicant an interest only period of not more than 5 years.s 6 ins 2017 SL No. 123 s 77SecurityIf an applicant is given a loan under the scheme, the applicant must give security for the loan that the authority is satisfied is commensurate with the amount of the loan.s 7 ins 2017 SL No. 123 s 78Eligibility criteria(1)An applicant is eligible for a loan under the scheme if—
(a)the applicant demonstrates the following to the authority’s satisfaction—
(i)the applicant is a prawn farmer;
(ii)the applicant has been carrying on a prawn farming primary production enterprise for at least 2 years;
(iii)some or all of the prawn farming primary production enterprise is located on the Logan River catchment or Albert River catchment;
(iv)the applicant’s non-enterprise or liquid assets are no more than the amount needed for prudent risk management of the prawn farming primary production enterprise;
(v)the applicant has sound prospects for commercial viability in the long term;
(vi)the applicant can service the loan; and
(b)the applicant gives the authority a management plan that outlines the intended outcomes associated with the activities for which the applicant is applying for the loan; and
(c)if the loan is sought for activities that require a licence, permit or other approval—
(i)the applicant gives the authority a copy of the licence, permit or approval; or
(ii)the applicant demonstrates to the authority’s satisfaction that the applicant can acquire the licence, permit or approval.
(2)In this section—management plan, for an applicant applying for a loan under the scheme, means a plan that—
(a)includes details of the activities for which the applicant is applying for the loan; and
(b)states how the activities will—
(i)improve the productivity and viability of the applicant’s prawn farming primary production enterprise; or
(ii)improve the biosecurity controls of the applicant’s prawn farming primary production enterprise; or
(iii)diversify the source of the applicant’s income; and
(c)complies with the guidelines for management plans under the scheme that are issued by the authority.Note—A copy of the guidelines for management plans under the scheme may be obtained from the authority.
s 8 ins 2017 SL No. 123 s 79Applications for assistance(1)A prawn farmer may apply, in the approved form, for a loan under the scheme.(2)The application must be given to the authority before 30 June 2018.s 9 ins 2017 SL No. 123 s 710Deciding applications for assistance(1)The authority must consider an application for a loan under the scheme and decide to approve or refuse the application.(2)Subject to subsection (3), the authority must approve an application if the authority is satisfied—
(a)the applicant is eligible for the loan under section 8; and
(b)the application relates to activities mentioned in section 3(a) to (c).
(3)The authority must refuse an application if the authority’s assistance funds for the scheme are not enough to provide the loan under the scheme.s 10 ins 2017 SL No. 123 s 7sch 31 ins 2017 SL No. 123 s 7Schedule 32Rural economic development grants schemesection 3(1)sch hdg ins 2018 SL No. 130 s 4Part 1Preliminarypt hdg ins 2018 SL No. 130 s 41Objective of schemeThe objective of the scheme is to provide assistance that will support economic development in relevant rural areas by creating employment related to primary production in the areas.s 1 ins 2018 SL No. 130 s 42Purpose of assistanceThe purpose of assistance under the scheme is to enable an eligible entity to carry out an activity that will create employment related to primary production in a relevant rural area.s 2 ins 2018 SL No. 130 s 43DefinitionsIn this schedule—applicant means an eligible entity applying for financial assistance under the scheme.approved form means a form approved by the authority.Australian Statistical Geography Standard means the Australian Statistical Geography Standard (ASGS): Volume 5 - Remoteness Structure, July 2016 (Cat. No. 1270.0.55.005), March 2018 edition published by the Australian Bureau of Statistics.eligibility criteria means the criteria stated in section 9.eligible activity see section 4.eligible entity see section 5.expression of interest, in applying for assistance under the scheme, means an expression of interest that complies with section 10(3).medium-size business see section 6.primary production enterprise means a business—
(a)that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and
(b)for which an entity holds an Australian Business Number.
proprietary company means a proprietary company within the meaning of the Corporations Act.relevant rural area means an area in Queensland classified under the Australian Statistical Geography Standard as being within any of the following remoteness areas—
(a)inner regional Australia;
(b)outer regional Australia;
(c)remote Australia;
(d)very remote Australia.
scheme means the scheme set out in this schedule.s 3 ins 2018 SL No. 130 s 44Meaning of eligible activityAn eligible activity is an activity the authority is satisfied will create employment related to primary production in a relevant rural area.Examples of eligible activities—
•developing a new market for a product
•establishing a training facility related to primary production
•expanding a business responsible for a step in the supply chain for primary production
s 4 ins 2018 SL No. 130 s 45Meaning of eligible entity(1)An eligible entity means any of the following—
(a)an entity that carries on a medium-size business;
(b)an association incorporated under the Associations Incorporation Act 1981;
(c)a cooperative registered under the Cooperatives Act 1997;
(d)an Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cwlth);
(e)a primary producer;
(f)an entity established to represent—
(i)primary producers; or
(ii)primary production enterprises;
(g)an entity that is a federation of entities mentioned in paragraph (f);
(h)a university in Queensland;
(i)a tertiary education institution, or another institution or organisation, that provides vocational training in Queensland;
(j)a local government under the Local Government Act 2009.
(2)In this section—primary producer means—
(a)a sole trader who spends the majority of the trader’s labour on, and derives the majority of the trader’s income from, a primary production enterprise; or
(a)in relation to a partnership, proprietary company or trust that carries on a primary production enterprise, any partner in the partnership, shareholder in the company or beneficiary of the trust who spends the majority of their labour on, and derives the majority of their income from, the primary production enterprise.
s 5 ins 2018 SL No. 130 s 46Meaning of medium-size business(1)A medium-size business is a business—
(a)that is carried on by a sole trader, partnership, proprietary company or trust; and
(b)for which an entity holds an Australian Business Number; and
(c)that is registered for GST; and
(d)that employs fewer than—
(i)200 full-time employees; or
(ii)if the business has employees other than full-time employees—200 equivalent full-time employees; and
(e)that is not operated by a public company within the meaning of the Corporations Act.
(2)For subsection (1)(d), the number of equivalent full-time employees of a business is worked out using the formula—where—E means the number of equivalent full-time employees of the business.F means the number of full-time employees of the business.P means the total number of hours worked each week by employees other than full-time employees.(3)In this section—full-time employee, of a business, means an individual who ordinarily works at least 35 hours each week for the business.s 6 ins 2018 SL No. 130 s 4Part 2General provisions for schemept hdg ins 2018 SL No. 130 s 47Nature and amount of assistance(1)The nature of assistance available under the scheme is a grant of financial assistance to an eligible entity for an eligible activity.(2)A grant of financial assistance is not available for—
(a)funding an activity that commenced or was completed before an application for assistance under the scheme is made; or
(b)repairing or replacing existing capital infrastructure; or
(c)making payments towards a debt; or
(d)purchasing land; or
(e)undertaking training, or paying professional costs, not related to the eligible activity the subject of the application; or
(f)conducting feasibility studies; or
(g)paying administration costs.
(3)Also, a grant of financial assistance is not available unless the eligible entity meets the eligibility criteria.(4)The amount of a grant of financial assistance under the scheme for an eligible activity—
(a)is based on the authority’s assessment of the applicant’s financial position, including the applicant’s ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for; and
(b)must not be more than the amount the applicant will contribute to the activity.
(5)However, the maximum amount of a grant of financial assistance under the scheme for an eligible activity is $250,000.s 7 ins 2018 SL No. 130 s 48Scheme to operate in rounds(1)The scheme will operate in rounds, ending on 30 June 2021.(2)The first round of the scheme will consist of—
(a)an expression of interest stage; and
(b)an application stage.
(3)Each subsequent round of the scheme may consist of—
(a)an expression of interest stage and an application stage; or
(b)an application stage only.
(4)The first round of the scheme will open on the day stated on the authority’s website as the day on or after which an expression of interest in applying for assistance under the scheme may be given to the authority.(5)Each subsequent round of the scheme will open on—
(a)if the round includes an expression of interest stage—the day stated on the authority’s website as the day on or after which an expression of interest in applying for assistance under the scheme may be given to the authority; or
(b)otherwise—the day stated on the authority’s website as the day on or after which an application for assistance under the scheme may be made.
(6)Each round of the scheme will close on the day stated on the authority’s website as the day on which the round closes.s 8 ins 2018 SL No. 130 s 49Eligibility criteria(1)For an applicant to be eligible to receive assistance under the scheme the applicant must—
(a)be applying for assistance for an eligible activity; and
(b)be able to state the relevant rural area in which the activity will be undertaken; and
(c)not have previously received assistance under the scheme for a substantially similar activity; and
(d)not have received other government funding for the activity; and
(e)demonstrate the following to the authority’s satisfaction—
(i)the applicant has the ability to provide a cash contribution to the activity that is equal to, or more than, the amount of assistance the applicant is applying for;
(ii)the applicant has adequate experience or other qualifications to give the applicant a reasonable prospect of success in carrying out the activity;
(iii)the activity has sound prospects for commercial viability in the long term;
(iv)the activity will provide a significant economic benefit to the relevant rural area the subject of the application.
(2)However, if an application for assistance under the scheme is made jointly by 2 or more applicants, only 1 applicant must demonstrate the matters mentioned in subsection (1)(e)(i) and (ii).(3)In this section—government funding means financial assistance, other than a loan, provided by the Commonwealth government, the government of a State or a local government.s 9 ins 2018 SL No. 130 s 410Expressions of interest(1)This section applies if a round of the scheme includes an expression of interest stage.(2)The authority must, on or before the day the round opens under section 8, publish the day by which the authority must receive an expression of interest in applying for assistance under the scheme on the authority’s website.(3)An expression of interest in applying for assistance under the scheme must—
(a)be given to the authority by the day mentioned in subsection (2); and
(b)be in the approved form; and
(c)be accompanied by the other documents stated in the approved form.
(4)The authority must accept or reject each expression of interest.(5)If the authority decides to reject an expression of interest—
(a)the authority must give the eligible entity who gave the expression of interest to the authority written notice of the decision; and
(b)for part 3A of the Act, the decision is taken to be a decision under section 12(1)(a) of the Act.
s 10 ins 2018 SL No. 130 s 411Applications(1)If a round of the scheme includes an expression of interest stage, an application for assistance under the scheme may be made by an eligible entity only if—
(a)the authority has accepted an expression of interest from the eligible entity; and
(b)the authority has given the entity a notice stating—
(i)the entity is invited to apply for assistance under the scheme; and
(ii)the day by which the authority must receive an application.
(2)If a round of the scheme does not include an expression of interest stage, the authority must, on or before the day mentioned in section 8(5)(b), publish the day by which the authority must receive an application for assistance on the authority’s website.(3)An application for assistance under the scheme must—
(a)be given to the authority by the day mentioned in subsection (1)(b)(ii) or (2); and
(b)be made in the approved form; and
(c)be accompanied by the other documents stated in the approved form.
(4)If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.s 11 ins 2018 SL No. 130 s 412Deciding applications(1)The authority must decide to approve, or refuse to approve, each application for assistance under the scheme that complies with section 11(3).(2)The authority must refuse to approve the application for assistance if the authority’s assistance funds for a round of the scheme are not sufficient to pay for the assistance.(3)If the authority refuses to approve the application the authority must give the applicant written notice of the decision.s 12 ins 2018 SL No. 130 s 413Priority of consideration for approval of applicationsThe authority must consider approving applications for assistance under the scheme in the following decreasing order of priority—
(a)applications for assistance for eligible activities the authority considers will provide the greatest benefit to a relevant rural area in relation to economic development;
(b)applications for assistance for eligible activities the authority considers will provide the least benefit to a relevant rural area in relation to economic development.
s 13 ins 2018 SL No. 130 s 414Conditions of assistance(1)The payment of a grant of financial assistance under the scheme is subject to the following conditions—
(a)before receiving the assistance, a person must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;
(b)a person must not disclose that an application for assistance under the scheme has been approved by the authority until the authority has publicly announced the approval;
(c)if requested by the authority, a scheme recipient must, from time to time, give the authority a report about how the assistance is enabling the person to achieve outcomes consistent with the purpose of the assistance mentioned in section 2;
(d)a scheme recipient must comply with the terms of the agreement mentioned in paragraph (a).
(2)In this section—scheme recipient means a person who has received assistance under the scheme.s 14 ins 2018 SL No. 130 s 415Payment of financial assistanceThe authority may pay a grant of financial assistance under the scheme, made up of lesser amounts, at intervals decided by the authority.s 15 ins 2018 SL No. 130 s 4sch 32 ins 2018 SL No. 130 s 4Schedule 33Vessel Tracking Rebate Schemesection 3(1)sch hdg ins 2018 SL No. 131 s 5Part 1Preliminarypt hdg ins 2018 SL No. 131 s 5Division 1Generaldiv hdg ins 2018 SL No. 131 s 51Objective of schemeThe objective of the scheme is to assist holders of prescribed licences by offsetting costs incurred during the period starting on 1 June 2018 and ending on 31 December 2020 (the prescribed period) for either or both of the following—
(a)buying new vessel tracking units from authorised suppliers for installation in eligible boats authorised for use under the licences;
(b)having vessel tracking units professionally installed in the eligible boats.
s 1 ins 2018 SL No. 131 s 5Division 2Key definitionsdiv hdg ins 2018 SL No. 131 s 52What is a prescribed licenceEach of the following is a prescribed licence—
(a)a charter fishing licence;
(b)an eligible commercial fishing boat licence;
(c)an eligible commercial harvest fishery licence.
s 2 ins 2018 SL No. 131 s 53What is a charter fishing licenceA charter fishing licence is a charter fishing licence issued under the Fisheries Act 1994.s 3 ins 2018 SL No. 131 s 5amd 2019 SL No. 179 s 152 sch 124What is an eligible commercial fishing boat licence(1)An eligible commercial fishing boat licence is any of the following—
(a)a commercial fishing boat licence (a class 1 CFB licence) on which 1 fishery symbol beginning with ‘C’, ‘M’ or ‘T’, or the fishery symbol ‘N11’ or ‘L3(0)’, and no other fishery symbol, is written;
(b)a commercial fishing boat licence (a class 2 CFB licence) on which the fishery symbol ‘L3(1)’, and no other fishery symbol, is written;
(c)a commercial fishing boat licence (a class 3 CFB licence) on which 1 fishery symbol beginning with ‘K’ or ‘N’, other than the fishery symbol ‘N11’, and no other fishery symbol, is written;
(d)a commercial fishing boat licence (a class 4 CFB licence) on which—
(i)1 of the fishery symbols ‘L1’, ‘L2’, ‘L4’ or ‘R’, and no other fishery symbol, is written; or
(ii)at least 1 of the fishery symbols ‘L1’, ‘L2’ or ‘L3’, and the fishery symbol ‘RQ’ or ‘SM’, are written; or
(iii)multiple fishery symbols, 1 of which is the fishery symbol ‘L1’, ‘L2’, ‘L4’ or ‘R’, but none of which is the fishery symbol ‘RQ’ or ‘SM’, are written;
(e)a commercial fishing boat licence (a class 5 CFB licence) on which multiple fishery symbols, none of which is the fishery symbol ‘L1’, ‘L2’, ‘L4’ or ‘R’, are written.
(2)In this section—commercial fishing boat licence means a commercial fishing boat licence issued under the Fisheries Act 1994.s 4 ins 2018 SL No. 131 s 5amd 2019 SL No. 179 s 152 sch 125What is an eligible commercial harvest fishery licence(1)An eligible commercial harvest fishery licence is any of the following—
(a)a commercial harvest fishery licence (a class 1 CHF licence) on which 1 of the fishery symbols ‘A1’ or ‘D’, and no other fishery symbol, is written;
(b)a commercial harvest fishery licence (a class 2 CHF licence) on which the fishery symbol ‘B1’, and no other fishery symbol, is written;
(c)a commercial harvest fishery licence (a class 3 CHF licence) on which multiple fishery symbols, 1 of which is the fishery symbol ‘A1’ or ‘D’, are written.
(2)In this section—commercial harvest fishery licence means a commercial harvest fishery licence issued under the Fisheries Act 1994.s 5 ins 2018 SL No. 131 s 5amd 2019 SL No. 179 s 152 sch 126When is a vessel tracking unit professionally installed in an eligible boatA vessel tracking unit is professionally installed in an eligible boat if—
(a)the unit is installed by a person (an approved installer) who—
(i)is not the holder of the prescribed licence authorising the use of the boat; and
(ii)is approved, under the vessel tracking standard, to install the unit; and
(b)the holder of the prescribed licence pays the approved installer to perform the installation; and
(c)the unit is installed as required by the standard.
s 6 ins 2018 SL No. 131 s 5Division 3Other definitionsdiv hdg ins 2018 SL No. 131 s 57Other definitions for scheduleIn this schedule—application means an application for assistance under the scheme.authorised supplier, in relation to a new vessel tracking unit, means—
(a)the manufacturer of the unit; or
(b)a person who, in the ordinary course of the person’s business, sells the unit.
broadest fishery symbol, for a class 4 CFB licence, means the fishery symbol written on the licence that authorises the use of the highest number of eligible tender boats under the licence.certificate of operation means a certificate of operation issued for a vessel under the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cwlth), schedule 1, section 48.eligible boat means a boat propelled by a motor with a power output of at least 3kw.eligible tender boat means a tender boat propelled by a motor with a power output of at least 3kw.fishery symbol see the Fisheries (General) Regulation 2019, schedule 11.def fishery symbol amd 2019 SL No. 179 s 152 sch 12installation rebate see section 8(b).new, in relation to a vessel tracking unit, means the unit has not previously been sold or used.nominated licence, for an application, see section 9(2).prescribed period see section 1.purchase rebate see section 8(a).scheme means the scheme set out in this schedule.tender boat see the Fisheries (General) Regulation 2019, schedule 11.def tender boat amd 2019 SL No. 179 s 152 sch 12vessel tracking standard means the document called ‘Vessel Tracking Installation and Maintenance Standard’ published by the department.Editor’s note—A copy of the vessel tracking standard is available on the department’s website.vessel tracking unit means a piece of equipment, used as part of a system that monitors the position and operation of a boat, that is identified in the vessel tracking standard.s 7 ins 2018 SL No. 131 s 5Part 2General provisions for schemept hdg ins 2018 SL No. 131 s 5Division 1Preliminarydiv hdg ins 2018 SL No. 131 s 58Nature of assistanceThe nature of assistance that may be given under the scheme is either or both of the following—
(a)a rebate (a purchase rebate) for buying a new vessel tracking unit from an authorised supplier within the prescribed period;
(b)a rebate (an installation rebate) for having a vessel tracking unit professionally installed in an eligible boat authorised for use under the licence within the prescribed period.
s 8 ins 2018 SL No. 131 s 59Nature of applications(1)An application must be made—
(a)in relation to a prescribed licence, or prescribed licences, held by the applicant; and
(b)for either or both of the following in connection with the licence or licences—
(i)the purchase rebate;
(ii)the installation rebate.
Note—Requirements for applications are stated in section 23.(2)Each prescribed licence to which an application relates is a nominated licence for the application.s 9 ins 2018 SL No. 131 s 5Division 2Eligibility for assistancediv hdg ins 2018 SL No. 131 s 510General eligibility criteria(1)A person is eligible for assistance under the scheme if—
(a)the person makes an application in accordance with sections 9 and 23 within the prescribed period; and
(b)the authority is satisfied the person has, for each vessel tracking unit for which the purchase rebate or installation rebate is sought under the application—
(i)bought the unit; andNote—See also section 11.
(ii)registered the verification details for the unit on the department’s public register of fishing authorities known as FishNet.Editor’s note—FishNet is available at www.fishnet.fisheries.qld.gov.au.
(2)However, a person is not eligible for assistance under the scheme in connection with a prescribed licence that is—
(a)suspended; or
(b)being held by way of a temporary transfer under the Fisheries Act 1994, section 65C.
(3)In this section—boat mark see the Fisheries (Commercial Fisheries) Regulation 2019, section 25.verification details, for a vessel tracking unit for which the purchase rebate or installation rebate is sought under an application, means—
(a)the serial number for the unit; and
(b)the licence number of the nominated licence for the application that authorises the use of the boat in which the unit is, or is to be, installed; and
(c)if the nominated licence for the application is not a charter fishing licence—the boat mark for the boat in which the unit is, or is to be, installed.
s 10 ins 2018 SL No. 131 s 5amd 2019 SL No. 179 s 152 sch 1211Additional eligibility criterion—purchase rebateAn applicant is eligible for the purchase rebate only if the authority is satisfied the applicant has, for each vessel tracking unit for which the rebate is sought under the application, bought the unit—
(a)from an authorised supplier; and
(b)when the unit was new; and
(c)within the prescribed period.
s 11 ins 2018 SL No. 131 s 512Additional eligibility criteria—installation rebate(1)An applicant is eligible for the installation rebate only if the authority is satisfied the applicant has, for each vessel tracking unit for which the rebate is sought under the application, had the unit professionally installed—
(a)in an eligible boat authorised for use under a nominated licence for the application; and
(b)within the prescribed period.
(2)However, an applicant is not eligible for the installation rebate for a vessel tracking unit for which the rebate has previously been paid to a person.s 12 ins 2018 SL No. 131 s 513Additional eligibility criterion—particular licences(1)This section applies if a nominated licence for an application is an eligible commercial fishing boat licence or eligible commercial harvest fishery licence.(2)The applicant is eligible for assistance under the scheme in connection with the nominated licence only for vessel tracking units identified in the vessel tracking standard as units approved for use in a fishery whose fishery symbol is written on the licence.(3)In this section—fishery see the Fisheries Act 1994, section 7.s 13 ins 2018 SL No. 131 s 514Moved fishery symbols(1)This section applies if—
(a)a nominated licence for an application (a current application) is an eligible commercial fishing boat licence or eligible commercial harvest fishery licence; and
(b)a fishery symbol written on the licence has been moved from another licence under the Fisheries (Commercial Fisheries) Regulation 2019, chapter 3, part 4, division 2; and
(c)the fishery symbol was relevant to an earlier application relating to the other licence that has been approved.
(2)For the purposes of the current application, the nominated licence is taken not to have the fishery symbol written on it.s 14 ins 2018 SL No. 131 s 5amd 2019 SL No. 179 s 152 sch 12Division 3Amount and payment of assistancediv hdg ins 2018 SL No. 131 s 515Amount of assistance(1)The amount of the purchase rebate payable to an applicant under the scheme is as follows—
(a)for a category A unit—the amount the applicant paid to buy the unit, up to a maximum of $300;
(b)for a category B unit—the amount the applicant paid to buy the unit, up to a maximum of $750.
(2)The amount of the installation rebate payable to an applicant under the scheme for the installation of a vessel tracking unit is the amount the applicant paid to have the unit professionally installed in an eligible boat, up to a maximum of $220.(3)In this section—category A unit means a vessel tracking unit identified as a category A unit in the vessel tracking standard.category B unit means a vessel tracking unit identified as a category B unit in the vessel tracking standard.s 15 ins 2018 SL No. 131 s 516Payment of purchase rebateSubject to division 4, the purchase rebate can be paid to an applicant once for each vessel tracking unit bought by the applicant in accordance with section 11.s 16 ins 2018 SL No. 131 s 517Payment of installation rebate(1)Subject to division 4, the installation rebate can be paid to an applicant as follows—
(a)if a nominated licence for the application is a charter fishing licence—once for each vessel tracking unit professionally installed, in accordance with section 12(1), in an eligible boat that—
(i)is identified in a certificate of operation held by the applicant; and
(ii)is authorised for use under the licence; and
(iii)the authority considers is ordinarily used by the applicant for charter fishing trips under the licence;
(b)if a nominated licence for the application is a class 4 CFB licence—once for each vessel tracking unit professionally installed, in accordance with section 12(1), in an eligible boat authorised for use under the broadest fishery symbol for the licence;
(c)otherwise—once for each vessel tracking unit professionally installed, in accordance with section 12(1), in an eligible boat authorised for use under a nominated licence for the application.
(2)In this section—charter fishing trip see the Fisheries (General) Regulation 2019, schedule 11.s 17 ins 2018 SL No. 131 s 5amd 2019 SL No. 179 s 152 sch 12Division 4Restrictions on payment of assistancediv hdg ins 2018 SL No. 131 s 518Application of divisionThis division applies in relation to an application if, under division 2, the applicant is eligible for assistance under the scheme.s 18 ins 2018 SL No. 131 s 519Rebates payable once per eligible boat(1)Neither the purchase rebate nor the installation rebate can be paid more than once for each eligible boat authorised for use under a nominated licence for the application. (2)This section does not limit section 17(1)(b).s 19 ins 2018 SL No. 131 s 520Charter fishing licencesNeither the purchase rebate nor the installation rebate can be paid more than 7 times in connection with each nominated licence for the application that is a charter fishing licence.s 20 ins 2018 SL No. 131 s 521Eligible commercial fishing boat licencesNeither the purchase rebate nor the installation rebate can be paid—
(a)more than once in connection with each nominated licence for the application that is a class 1 CFB licence; or
(b)more than twice in connection with each nominated licence for the application that is a class 2 CFB licence; or
(c)more than 3 times in connection with each nominated licence for the application that is a class 3 CFB licence or class 5 CFB licence; or
(d)more than the lesser of the following in connection with each nominated licence for the application that is a class 4 CFB licence—
(i)once for each eligible boat authorised for use under the broadest fishery symbol for the licence;
(ii)7 times.
s 21 ins 2018 SL No. 131 s 522Eligible commercial harvest fishery licencesNeither the purchase rebate nor the installation rebate can be paid to the applicant—
(a)more than once in connection with each nominated licence for the application that is a class 1 CHF licence or class 3 CHF licence; or
(b)more than 5 times in connection with each nominated licence for the application that is a class 2 CHF licence.
s 22 ins 2018 SL No. 131 s 5Division 5Applicationsdiv hdg ins 2018 SL No. 131 s 523Application requirements(1)An application must be made in the form approved by the authority and accompanied by—
(a)the licence number of each nominated licence for the application; and
(b)if a nominated licence for the application is a charter fishing licence—a copy of each certificate of operation for an eligible boat authorised for use under the licence; and
(c)if the application is for the purchase rebate—evidence the applicant bought each vessel tracking unit for which the rebate is sought in accordance with section 11; and
(d)if the application is for the installation rebate—evidence the applicant had each vessel tracking unit for which the rebate is sought professionally installed in accordance with section 12(1).
(2)An applicant must give the authority any further documents or information the authority reasonably requires to decide the application.(3)In this section—evidence, in relation to the purchase or professional installation of a vessel tracking unit, includes a tax invoice and official receipt for the purchase or installation.official receipt means a receipt including—
(a)the name and address of the entity that issued the receipt; and
(b)if the entity has an Australian Business Number—the Australian Business Number; and
(c)a description of each item to which the receipt relates.
s 23 ins 2018 SL No. 131 s 524Deciding applications(1)The authority must consider, and decide to approve or refuse to approve, each application.(2)The authority may approve an application only if the authority’s assistance funds for applications are sufficient to pay the relevant amount for the application.s 24 ins 2018 SL No. 131 s 5sch 33 ins 2018 SL No. 131 s 5Schedule 34Large electricity customer adjustment payment schemesection 3(1)sch hdg ins 2018 SL No. 145 s 4Part 1Preliminarypt hdg ins 2018 SL No. 145 s 41Objective of schemeThe objective of the scheme is to help large electricity customers to—
(a)move from being charged transitional tariffs or obsolete tariffs to being charged standard tariffs for the sale of electricity; and
(b)implement best practice electricity management strategies identified in eligible energy efficiency audits; and
(c)identify opportunities for energy productivity improvements through the implementation of commercially feasible energy management strategies.
s 1 ins 2018 SL No. 145 s 42DefinitionsIn this schedule—applicant means a person applying for financial assistance under the scheme.eligible energy efficiency audit, for an applicant, means an audit of the energy efficiency of the applicant’s building or business activity that is carried out under a relevant standard.eligible energy efficiency project, for an applicant, means a project to implement a recommendation in a report for an eligible energy efficiency audit carried out for the applicant.large electricity customer means a person who is a large customer under the National Energy Retail Law (Queensland), section 5(3)(a).obsolete tariff means a notified price under the Electricity Act 1994, section 90(1) that is an obsolete tariff.relevant chief executive means the chief executive of the department administering the Electricity Act 1994.relevant standard means—
(a)AS/NZS 3598.1:2014 (Energy audits—Part 1: Commercial buildings), published jointly by Standards Australia and Standards New Zealand; or
(b)AS/NZS 3598.2:2014 (Energy audits—Part 2: Industrial and related activities), published jointly by Standards Australia and Standards New Zealand; or
(c)AS/NZS 3598.3:2014 (Energy audits—Part 3: Transport related activities), published jointly by Standards Australia and Standards New Zealand.
scheme means the scheme set out in this schedule.standard tariff means a notified price under the Electricity Act 1994, section 90(1), other than an obsolete tariff or transitional tariff.transitional tariff means a notified price under the Electricity Act 1994, section 90(1) that is a transitional tariff.s 2 ins 2018 SL No. 145 s 4Part 2General provisions for schemept hdg ins 2018 SL No. 145 s 43Nature of assistanceThe nature of financial assistance that may be given to an applicant under the scheme is a payment to offset the cost of an eligible energy efficiency project.s 3 ins 2018 SL No. 145 s 44Eligibility criteriaAn applicant is eligible for assistance under the scheme if the authority is satisfied that—
(a)when the application is made, the applicant is a large electricity customer; and
(b)a retailer under the Electricity Act 1994 charged the applicant on a transitional tariff or obsolete tariff for the sale of electricity; and
(c)an eligible energy efficiency audit for the applicant has been carried out and a report for the audit has been prepared; and
(d)the eligible energy efficiency project to which the application relates is located in Queensland; and
(e)the relevant chief executive approved a proposal made by the applicant to implement the eligible energy efficiency project.
s 4 ins 2018 SL No. 145 s 45Amount of assistance(1)Subject to subsection (2), the maximum amount of assistance payable to an applicant under the scheme is 50% of the cost of the eligible energy efficiency project to which the application relates under a proposal mentioned in section 4(e).(2)If an eligible energy efficiency audit for the applicant was or is carried out after 30 May 2018, the amount of assistance payable to the applicant must not be more than $250,000.s 5 ins 2018 SL No. 145 s 46Applications(1)An application for assistance under the scheme must—
(a)be made by an applicant on the form approved by the authority; and
(b)be accompanied by the documents mentioned in the form; and
(c)if the applicant has an Australian Business Number—state the applicant’s Australian Business Number.
(2)The applicant must give the authority any further documents or information the authority reasonably requires to decide the application.s 6 ins 2018 SL No. 145 s 47Deciding applications(1)The authority must approve an application if the authority is satisfied—
(a)the applicant is eligible for assistance under section 4; and
(b)the application relates to the applicant’s eligible energy efficiency project.
(2)The authority must refuse an application if the authority’s assistance funds for the scheme are not enough to pay for the assistance under the scheme.s 7 ins 2018 SL No. 145 s 48Conditions(1)The payment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3).(2)The applicant must—
(a)have entered into a funding agreement; and
(b)comply with the conditions stated in the funding agreement.
(3)The applicant must give the authority—
(a)a certificate issued by a contractor stating that all electrical equipment and electrical installations installed for the applicant’s eligible energy efficiency project or part of the project are installed as required under the Electrical Safety Act 2002, section 36; and
(b)tax invoices and official receipts of amounts the applicant paid under the eligible energy efficiency project for eligible products and any work completed by a contractor; and
(c)evidence the tariff charged on the sale of electricity under the Electricity Act 1994 is a standard tariff.
(4)In this section—contractor means a person who holds an electrical licence under the Electrical Safety Act 2002 and who is appropriately qualified to complete the project or part of the project.funding agreement means an agreement between an applicant and the authority that provides for—
(a)the applicant to carry out an eligible energy efficiency project; and
(b)the authority to pay the applicant an amount to offset the cost of the eligible energy efficiency project.
official receipt means a receipt of an amount paid by an applicant to an entity that includes—
(a)the name and address of the entity that issued the receipt; and
(b)if the entity has an Australian Business Number—the Australian Business Number; and
(c)a description of each item to which the receipt relates.
s 8 ins 2018 SL No. 145 s 4sch 34 ins 2018 SL No. 145 s 4Schedule 35Energy savers plus extension payment schemesection 3(1)sch hdg ins 2018 SL No. 145 s 4Part 1Preliminarypt hdg ins 2018 SL No. 145 s 41Objective of schemeThe objective of the scheme is to help electricity customers who conduct businesses primarily in an agricultural industry to—
(a)identify energy savings; and
(b)reduce energy consumption; and
(c)identify opportunities for energy productivity improvements through the implementation of commercially feasible energy management strategies.
s 1 ins 2018 SL No. 145 s 42DefinitionsIn this schedule—agricultural industry means an industry classified under ANZSIC, division A, subdivisions 1 and 2, groups 011 to 020, within eligible class codes 0111 to 0203.ANZSIC means the document called ‘Australian and New Zealand Standard Industrial Classification (ANZSIC), 2006 (Revision 1.0)’ published in February 2006 by the Australian Bureau of Statistics.applicant means a person applying for financial assistance under the scheme.applicant’s proposal means a proposal for an eligible energy efficiency project that is made by an applicant on the form approved by the authority.customer see the Electricity Act 1994, section 23(1).electricity customer means a person who is a customer of Energex Limited ACN 078 849 055 or Ergon Energy Corporation Limited ACN 087 646 062.eligible energy efficiency audit, for an applicant, means an audit of the energy efficiency of the applicant’s building or business activity that is carried out under a relevant standard.eligible energy efficiency project, for an applicant, means a project to implement a recommendation in a report for an eligible energy efficiency audit carried out for the applicant.relevant chief executive means the chief executive of the department administering the Electricity Act 1994.relevant standard means—
(a)AS/NZS 3598.1:2014 (Energy audits—Part 1: Commercial buildings), published jointly by Standards Australia and Standards New Zealand; or
(b)AS/NZS 3598.2:2014 (Energy audits—Part 2: Industrial and related activities), published jointly by Standards Australia and Standards New Zealand; or
(c)AS/NZS 3598.3:2014 (Energy audits—Part 3: Transport related activities), published jointly by Standards Australia and Standards New Zealand.
scheme means the scheme set out in this schedule.s 2 ins 2018 SL No. 145 s 4Part 2General provisions for schemept hdg ins 2018 SL No. 145 s 43Nature of assistanceThe nature of financial assistance that may be given to an applicant under the scheme is a payment to offset the cost of an eligible energy efficiency project.s 3 ins 2018 SL No. 145 s 44Eligibility criteriaAn applicant is eligible for assistance under the scheme if the authority is satisfied that—
(a)the applicant is an electricity customer who conducts a business primarily in an agricultural industry; and
(b)the relevant chief executive approved a request by the applicant for an eligible energy efficiency audit for the applicant to be carried out; and
(c)the eligible energy efficiency audit has been carried out and a report for the audit has been prepared; and
(d)the eligible energy efficiency project to which the application relates is located in Queensland; and
(e)the authority approved the applicant’s proposal to carry out the eligible energy efficiency project; and
(f)the authority gave the applicant written notice of the approval.
s 4 ins 2018 SL No. 145 s 45Amount of assistanceThe maximum amount of assistance payable to an applicant under the scheme is the lesser of the following—
(a)50% of the cost of implementing the eligible energy efficiency project to which the application relates;
(b)$20,000.
s 5 ins 2018 SL No. 145 s 46Applications(1)An application for assistance under the scheme must—
(a)be made by an applicant on the form approved by the authority; and
(b)be accompanied by the documents mentioned in the form; and
(c)if the applicant has an Australian Business Number—state the applicant’s Australian Business Number.
(2)The applicant must give the authority any further documents or information the authority reasonably requires to decide the application.s 6 ins 2018 SL No. 145 s 47Deciding applications(1)The authority must approve an application if the authority is satisfied—
(a)the applicant is eligible for assistance under section 4; and
(b)the application relates to the applicant’s eligible energy efficiency project.
(2)The authority must refuse an application if the authority’s assistance funds for the scheme are not enough to pay for the assistance under the scheme.s 7 ins 2018 SL No. 145 s 48Conditions(1)The payment of assistance under the scheme is subject to the conditions stated in subsection (2).(2)The applicant must give the authority—
(a)a certificate issued by a contractor stating that all electrical equipment and electrical installations installed for the applicant’s eligible energy efficiency project or part of the project are installed as required under the Electrical Safety Act 2002, section 36; and
(b)tax invoices and official receipts of amounts the applicant paid under the eligible energy efficiency project for eligible products and any work completed by a contractor.
(3)In this section—contractor means a person who holds an electrical licence under the Electrical Safety Act 2002 and who is appropriately qualified to complete the project or part of the project.official receipt means a receipt of an amount paid by an applicant to an entity that includes—
(a)the name and address of the entity that issued the receipt; and
(b)if the entity has an Australian Business Number—the Australian Business Number; and
(c)a description of each item to which the receipt relates.
s 8 ins 2018 SL No. 145 s 4sch 35 ins 2018 SL No. 145 s 4