1Short titleThis regulation may be cited as the Rural and Regional Adjustment (Agribusiness Digital Solutions Grants Scheme) Amendment Regulation 2023.2Regulation amendedThis regulation amends the Rural and Regional Adjustment Regulation 2011.3Insertion of new sch 51After schedule 50—insert—Schedule 51Agribusiness digital solutions grants schemesection 3(1)Part 1Preliminary1Objective of schemeThe objective of the scheme is to provide assistance that will—

(a)help eligible entities carry out projects that result in the trialling and adoption of digital technologies or systems in supply chains within the agribusiness sector or primary production industries in Queensland; and

(b)improve the resilience of the agribusiness sector or primary production industries in Queensland by adopting digital technologies or systems that increase the ability of the sector or industries to—

(i)respond to potential disruptions in supply chains within the sector or industries; or

(ii)deal with risks to the sector or industries related to biosecurity, climate and food safety.

2Purpose of assistanceThe purpose of assistance under the scheme is to provide grants to eligible entities to—

(a)help the entities improve the resilience of the agribusiness sector or primary production industries in Queensland; and

(b)carry out projects that will produce benefits that can be shared across the agribusiness sector or a primary production industry in Queensland.

3Definitions for scheduleIn this schedule—applicant means an entity applying for financial assistance under the scheme.eligible entity see section 5.eligible project see section 4.scheme means the scheme set out in this schedule.4Meaning of eligible projectAn eligible project is a project the authority is satisfied—

(a)will result in the trialling and adoption of digital technologies or systems that will benefit the agribusiness sector, a primary production industry or a part of a primary production industry in Queensland; and

(b)will achieve the objective of the scheme; and

(c)will produce benefits that can be shared across the agribusiness sector or a primary production industry in Queensland.

5Meaning of eligible entity(1)An entity is an eligible entity if the entity—

(a)holds an Australian Business Number; and

(b)is registered for GST; and

(c)is either—

(i)an industry organisation; or

(ii)an entity established to advance or promote the economic development of the agribusiness sector, a primary production industry or a part of a primary production industry in Queensland; and

(d)has its headquarters in Queensland.

(2)However, an entity is not an eligible entity if the entity is—

(a)a government entity; or

(b)a higher education provider within the meaning of the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth).

(3)In this section—government entity means—

(a)a government entity within the meaning of the Public Sector Act 2022, section 276; or

(b)a local government; or

(c)a government owned corporation; or

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

(e)an entity that is wholly owned by an entity mentioned in any of paragraphs (a) to (d).

industry organisation means an entity that—

(a)is established to represent the agribusiness sector, a primary production industry or a part of a primary production industry in Queensland; and

(b)is either—

(i)an association incorporated under the Associations Incorporation Act 1981; or

(ii)a co-operative registered under the Co-operatives National Law (Queensland).

Part 2General provisions for scheme6Nature 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 project.(2)However, a grant of financial assistance is not available for any of the following costs in relation to an eligible project—

(a)employee allowances, bonuses or fringe benefits;

(b)conference fees;

(c)entertainment costs;

(d)inventory and warehousing costs;

(e)costs related to securing or managing a grant;

(f)costs related to general administration or operational activities.

(3)The maximum amount of the financial assistance available under a round of the scheme for an eligible entity for an eligible project is the total of—

(a)the lesser of the following amounts—

(i)$100,000;

(ii)50% of the total cost of the eligible project (exclusive of GST and of any costs mentioned in subsection (2)); and

(b)an amount for any GST payable in relation to the granting of financial assistance under the scheme.

7Scheme to operate in rounds(1)The scheme will operate in rounds.(2)Each round of the scheme—

(a)opens on the day stated on the authority’s website as the day on which the round opens; and

(b)closes at the end of the day stated on the authority’s website as the day on which the round closes.

8Eligibility criteria(1)For an applicant to be eligible to receive assistance under a round of the scheme, the applicant must—

(a)be an eligible entity; and

(b)be applying for assistance for an eligible project; and

(c)if there is a previously approved eligible project for the eligible entity—have completed the previously approved eligible project; and

(d)not have previously received assistance under the round of the scheme for a project; and

(e)not have received other government funding for the eligible project; and

(f)demonstrate to the authority’s satisfaction that—

(i)the applicant has the ability to pay the remaining cost of the eligible project; and

(ii)under the eligible project, the applicant will own, or have a licence to use, the product or service the subject of the project in a way that will allow the applicant to share details about the operation and outcomes of the project with the authority, the department and other entities; and

(iii)the eligible project represents reasonable value for money.

(2)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.previously approved eligible project, for an eligible entity, means—

(a)a project for which the eligible entity received a grant of financial assistance under the program called ‘Agribusiness digital solutions grant program’ administered by the department; or

(b)an eligible project for which the eligible entity received a grant of financial assistance under a previous round of the scheme.

remaining cost, of an eligible project, means the difference between—

(a)the total cost of the eligible project (inclusive of GST and of any costs mentioned in section 6(2)); and

(b)the amount worked out under section 6(3)(a) for the eligible project.

9Applications(1)For each round of the scheme, an application for assistance under the scheme must—

(a)be made in the approved form; and

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

(c)be given to the authority while the round of the scheme is open.

(2)If the authority asks the applicant to give further information to decide the application, the applicant must give the authority the information.(3)In this section—approved form means a form approved by the authority.10Deciding applications(1)The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 9.(2)In approving an application, the authority may, with the agreement of the applicant, approve a lesser amount of assistance than the amount applied for in the application.(3)The authority must refuse to approve an application if the authority’s assistance funds for a round of the scheme are not sufficient to pay for the assistance applied for in the application.(4)The authority may seek the advice of persons with suitable qualifications and experience to help the authority in deciding an application.(5)If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.11Priority of consideration for approval of applications(1)The authority must consider approving applications for assistance under a round of the scheme in the following decreasing order of priority—

(a)applications for assistance for eligible projects the authority considers will provide the greatest benefit to the agribusiness sector or primary production industries in Queensland consistent with the objective of the scheme;

(b)applications for assistance for eligible projects the authority considers will provide the least benefit to the agribusiness sector or primary production industries in Queensland consistent with the objective of the scheme.

(2)Without limiting subsection (1), the authority may consider the following matters in relation to prioritising an application for assistance for an eligible project—

(a)the potential of the eligible project to achieve the objective of the scheme;

(b)the extent to which the eligible project may create or support employment or economic growth in Queensland;

(c)whether the eligible project represents reasonable value for money;

(d)the viability of the eligible project.

12Conditions of assistanceThe payment to an eligible entity of a grant of financial assistance under the scheme is subject to the following conditions—

(a)before receiving the assistance, the entity must enter into a written agreement with the authority that sets out the terms on which the assistance is provided;

(b)the entity must comply with the terms of the agreement mentioned in paragraph (a).