Aboriginal and Torres Strait Islander Commission Regulations (Cth)

No judgment structure available for this case.

Statutory

Rules1992No. 122 1

__________________

Aboriginal and Torres Strait Islander Commission Regulations

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Aboriginal and Torres Strait Islander Commission Act 1989.

Dated 7 May 1992.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

ROBERT E. TICKNER

Minister of State for Aboriginal and Torres Strait

Islander Affairs

____________

Citation

1.

These Regulations may be cited as the Aboriginal and Torres Strait Islander Commission Regulations.

[NOTE:

These Regulations commence on gazettal: see Acts Interpretation Act 1901, s.48]

Interpretation

2. In these Regulations, unless the contrary intention appears:

“the Act” means the Aboriginal and Torres Strait Islander Commission Act 1989.

Prescribed forms

3. For the purposes of section 22 of the Act, the Form in Schedule 2 bearing the number specified in column 3 of an item in Schedule 1 is prescribed for an application for a loan, grant or guarantee in the category referred to in column 2 of that item.

__________

SCHEDULE 1

Regulation 3

____________________________________________________________

Column 1

Column 2 Column 3

Item No

Category of application Form number

____________________________________________________________

1

Application for grant 1

2

Application by individuals for housing loan 2

3

Application by an Aboriginal or Torres Strait 3

Islander corporation for housing loan

4

Application by individuals or 4

partnerships for enterprise assistance

5

Application by an Aboriginal or Torres Strait 5

Islander corporation for enterprise assistance

____________________________________________________________

SCHEDULE 2

Regulation 3

FORM 1

Aboriginal and Torres Strait Islander Commission

APPLICATION FOR GRANT

PART 1—DETAILS OF THE APPLICANT

1.1 Name of applicant:

1.2 Registered address of applicant:

1.3 Postal address of applicant:

1.4 Name, telephone number and position held by contact person:

1.5 Is the applicant incorporated?

(If so, attach a copy of the certificate of incorporation or,

if certificate has previously been supplied to the Commission,

state date supplied to Commission.)

(If not, give details of arrangements that have been made for

incorporation.)

1.6 Name and address of bank and account number:

PART 2—DETAILS OF THE PROJECT

2.1 Amount sought:

2.2 Period for which funding is required:

2.3 Description of project:

2.4 Communities or homelands serviced:

2.5 Aboriginal or Torres Strait Islander

population that will benefit from the project:

(Give details of male and female break-up

as well as total population.)

2.6 Have you applied for or received funding

for this project from any other source?

(If so, give details of sources and amounts.)

2.7 What are the goals of the project?

(Include details of how the results will be measured.)

2.8 Provide justification for the project:

(Include details of the need for the project, where the

project fits in the community's development plan and

why it cannot be met from other sources.)

2.9 How do you propose to achieve your goals?

(Include details of any legal matters that require

attention, e.g. licensing or building permits.

Also include

details of any particular benefit that will accrue to women

because of the project.)

SCHEDULE 2—continued

2.10 Provide details of the project management structure:

(Include details of the decision making processes.)

2.11 What outside support will you need?

2.11.1 Technical: (Give details of support needed from, e.g.

Australian Construction Services, consultants or others.)

2.11.2 Management: (Give details of support needed from, e.g.

solicitors, accountants or others.)

2.11.3 Training: (Give details of support needed from training bodies.)

PART 3—BUDGETø

3.1 Details of income: (Give details of all income including grants from the Commonwealth and from State and Territory Governments)

3.1.1 Total income:

3.2 Details of capital expenditure: (Give full details of costs of land, buildings, civil works, building materials , plant and equipment, motor vehicles, tools, furniture,etc.)

3.2.1 Total capital expenditure:

3.3 Details of recurrent wages expenditure:

3.3.1 Summary of expenditure on wages: (Details must be attached in the form set out in Appendix 1 to this Form)

3.3.2 Summary of expenditure on allowances: (Details must be attached in the form set out in Appendix 2 to this Form)

3.3.3 Summary of on costs: (Give details of leave loading, workers' compensation, payroll tax, etc.)

3.3.4 Total of wages recurrent expenditure:

3.4 Details of other recurrent expenditure:

3.4.1 Travel: (Give details of fares, charters, etc.)

3.4.2 Repair and maintenance: (Give details in relation to buildings, plant and equipment, etc.)

3.4.3 Motor vehicles: (Give details of running costs, repairs and maintenance, insurance, etc.)

3.4.4 Services: (Include costs of accounting , audit and legal services, consultants, office rental, power and heating costs, cleaning, insurance, postage, telephone, etc.)

3.4.5 Supplies: (Give details of stationery, stores, etc.)

3.4.6 Total of other recurrent expenditure:

3.5 SUMMARY OF FINANCIAL REQUIREMENTS:

3.5.1 Total income:

3.5.2 Total expenditure (Item 3.2.1 plus item 3.3.4 plus item 3.4.6 above):

3.5.3 Amount applied for:

SCHEDULE 2—continued

PART 4—CERTIFICATION OF EXECUTIVE

4.1 This application seeks $ (insert amount) for the purpose of (insert brief details

of project).

4.2 The information in this application is to the best of our knowledge true and correct. We understand that any omission or false statement may result in the Commission rejecting

this application or any grant to this organisation and that penalties as provided for under the Aboriginal and Torres Strait Islander Commission Act 1989 may apply.

4.3 The organisation agrees that the Aboriginal and Torres Strait Islander Commission, for the purpose of assessing this application, may check any of our statements.

4.4 The organisation understands that this is an application only and may not necessarily result in approval being given to a grant.

(If the applicant is a corporation)

* Signed for and on behalf of (insert).....................................................

name of corporation) by the ) *President/*Chairperson

following authorised officers (insert)

names of officers) )....................................................
*Member of Executive
Committee/*Board of
Directors

Dated:
19 .

OR

* The Common Seal of (insert name of corporation)

was affixed to this application on (insert date) in our
presence under a resolution of the Executive Committee
passed on (insert date).

..................................................................
Member of the Executive Committee

..................................................................
Member of the Executive Committee

SCHEDULE 2—continued

(If the applicant is a State or local government body)

............................................................
(Signature of authorised officer)

............................................................
(Name of authorised officer)

............................................................

(Designation of authorised officer)

Dated:
19 .

APPENDIX 1

DETAILS OF WAGES EXPENDITURE

________________________________________________________________________

Name Aboriginal Award Class *Full-time/ Overtime Increment Salary

*Yes/*No *Part-time date

_______________________________________________________________________________________

______

APPENDIX 2

DETAILS OF ALLOWANCES EXPENDITURE

________________________________________________________________________Name Local Fares Other Total

allowance

______________________________________________________________________________________________

ø Where this application is not for a new project, the budget should be developed using the latest approved budget as a guide.In such a case, where there a variation of 10% or more between the latest approved budget and the budget now proposed, a detailed justification for the variation must be given.

*Omit if not applicable

___________

SCHEDULE 2—continued

FORM 2

Aboriginal and Torres Strait Islander Commission

APPLICATION BY INDIVIDUALS FOR HOUSING LOAN

1. PARTICULARS OF APPLICANT(S)

1. Main income earner:

1.1.1 Full name:

1.1.2 Date of birth:

1.1.3 Are you an Aboriginal or Torres Strait Islander?

1.1.4 Is your spouse an Aboriginal or Torres Strait Islander?

1.1.5 Present address (including post code):

1.1.6 Present occupation:

1.1.7 Contact telephone numbers at work and at home:

1.1.8 Name and address of employer:

1.1.9 Number of years with present employer:

1.2 Details of spouse:

1.2.1 Full name:

1.2.2 Date of birth:

1.2.3 Present occupation:

1.2.4 Contact telephone number at work:

1.2.5 Name and address of employer:

1.2.6 Number of years with present employer:

1.3 Details of others who will live in the home with the applicant(s):

1.3.1 Names and ages of children:

1.3.2 Are the children Aboriginals or Torres Strait Islanders:

1.3.3 Others: (Give details including names, age and relationship and whether employed)

2 PARTICULARS OF LOAN

2.1 Loan is required to *buy an established house/*buy a new house/*buy a flat/*buy a town house/*buy a home unit/*buy land and build a house/*build a house/*build extensions/*refinance an existing loan/*(if other purpose give details).

2.2 Details of price or cost:

2.2.1 Price or cost of *house/*flat/*town house/*home unit/*extensions:

2.2.2 Price or cost of land:

2.2.3 Price or cost of other improvements:

2.2.4 Legal fees and stamp duty:

2.2.5 Total costs:

SCHEDULE 2—continued

2.3 Contribution by applicant(s)

2.3.1 Contribution from savings:

2.3.2 First Home Owners Grant:

2.3.3 Other loans (if applicable): (Give details of lender, amount, terms etc.)

2.3.4 Total contribution:

2.4 Total loan required: (Item 2.2.5 minus item 2.3.4)

3 PARTICULARS OF PROPERTY BEING PURCHASED

3.1 Address of property: (Including postcode)

3.2 Title details of property: (Include Block No., Section and Volume and Folio)

3.3 Name, address and telephone number of estate agent or seller:

3.4 If building or extending, give name, address and telephone number of builder:

3.5 If you have engaged a solicitor, give name, address and telephone number of solicitor:

4 PERSONAL DETAILS

4.1 Have you or your spouse ever owned a home?

4.2 Do you or your spouse own a home now or are you paying off a home? (If so, give details)

4.3 Have you or your spouse ever obtained a loan from the Aboriginal and Torres Strait Islander Commission, the Aboriginal Development Commission or the Aboriginal Loans Commission?
4.4 Are you renting accommodation at present? If so, how much rent do you pay per week?
4.5 What is the name address and telephone number of the landlord?
4.6 If you or your spouse have been in your present employment for less than 12 months, give details of your previous employment:
4.7 Are you or your spouse an undischarged bankrupt or subject to any arrangement for the relief of insolvent creditors? If so, give details:

5 ASSETS AND LIABILITIES

5.1 Details of assets1:

5.1.1 House or land (located at (address):

5.1.2 Car(s) (Give make and year):

5.1.3 Furniture:

5.1.4 Savings, cheque and investment accounts: (Give name and branch of bank, building society or credit union and amount in each account)

5.1.5 Shares, debentures or bonds:

5.1.6 Other assets: (Give details)

5.2 Details of liabilities:

SCHEDULE 2—continued

5.2.1 Loans, hire purchase, credit cards etc.: (List the name of each bank, company or other credit organisation, the amount owing to each and the monthly repayments due in each case)

6 INCOME AND EXPENDITURE

6.1 Gross monthly income:

Fortnightly amount

$

LESS:

Taxation

$

Superannuation

$

Subtotal

$ x 2.175 = Net monthly income $

LESS: Monthly family expenditure:

Living expenses

$

Life assurance

$

Loans and hire purchase

$

Other

$ Subtotal $

Surplus

$

6.2 Other income:(Not included in item 6.1)

Spouse: (Give total gross) $

Overtime: $

District allowance: $

Child allowance: $

Other: $

7. UNDERSTANDINGS:

7.1 *I/*We understand that:

(a) *I/*we will be required to pay all costs associated with the purchase of the *home/*land mentioned above including legal expenses, stamp duty, and fees for the preparation of valuation reports, survey certificates and security documents; and
(b) any cost incurred by *me/*us will not be refunded by the Commission if this application is not approved; and
(c) the Commission:
(i) does not incur any responsibility for or in connection with the construction of the home or any building on the land; and
(ii) is not responsible for the standard of or the supervision of construction of the home or any building on the land;
and any inspection of the home or buildings on the land made by the Commission is for its own purposes.

.....................................................

.......................................................

(Signature(s) of applicant(s))

SCHEDULE 2—continued

8. STATUTORY DECLARATION

*I/*We

(name(s)) of (address) do solemnly and sincerely declare that to the best of *my/*our knowledge, information and belief the statements made and answers given to questions in this application are true and correct in every particular.

*I/*We make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

DECLARED at

the

day of

19

....................................................

Before me, (Signature of applicant)

.........................................................

A Justice of the Peace or ...................................................

Commissioner for Declarations (Signature of applicant)

1List all items at present value

*Omit if not applicable

___________

FORM 3

Aboriginal and Torres Strait Islander Commission

APPLICATION BY AN ABORIGINAL OR TORRES STRAIT ISLANDER CORPORATION FOR HOUSING LOAN

PART 1—DETAILS OF THE APPLICANT

1.1 Name of corporation:

(Attach a copy of the certificate of incorporation)

1.2 Registered address of applicant:

1.3 Name, telephone number and position held by contact person:

SCHEDULE 2— continued

2 ORGANISATION DETAILS

2.1 Is the corporation an Aboriginal or Torres Strait Islander corporation within the meaning of subsection 4 (1) of the Aboriginal and Torres Strait Islander Commission Act 1989?

2.2 Is the membership of the corporation:

(a)
restricted to Aboriginal persons or Torres Strait Islanders?
(b)
as at the date of this application, comprised of Aboriginal
persons or Torres Strait Islanders?
(c)
as at the date of this application, comprised of a substantial
majority of Aboriginal persons or Torres Strait Islanders
and is the body corporate controlled by the Aboriginal persons
or the Torres Strait Islanders?

2.3 Has the corporation ever obtained a loan from the Commission,

the Aboriginal Development Commission or the Aboriginal

Loans Commission:

If yes, give details:

3 PARTICULARS OF LOAN

3.1 Loan is required to *buy an established house/*buy a new house/*buy a flat/*buy a town house/*buy a home unit/*buy land and build a house/*build a house/*(if other purpose give details).

3.2 Details of price or cost:

3.2.1 Price or cost of *house/*flat/*town house/*home unit:

3.2.2 Price or cost of land:

3.2.3 Price or cost of other improvements:

3.2.4 Legal fees and stamp duty:

3.2.5 Total costs:

3.3 Contribution by applicant:

3.3.1 Contribution from bank deposits:

3.3.2 Land:

3.3.3 Other mortgage (if applicable): (Give details of lender, amount, terms etc.)

3.3.4 Total contribution:

3.4 Total loan required: (Item 3.2.5 minus item 3.3.4)

4 INCOME AND EXPENDITURE

4.1 Gross annual rental from all houses:

4.2 Annual expenditure for all houses:

4.2.1 Rates and insurance:

4.2.2 Maintenance costs:

4.2.3 Administration costs:

4.3 Expected monthly rental from dwelliing to be

purchased with loan funds:

SCHEDULE 2—continued

5 ASSETS AND LIABILITIES

5.1 Assets:

5.1.1 Number of houses presently owned by the corporation:

5.1.2 Value of the current housing stock: (Give present value of the stock)

5.1.3 Value of investments or deposits: (Give details including name of

bank or institution and amount in each account)

5.1.4 Money in bank account: (Give details including name of bank or

institution and amount in each account)

5.1.5 Other assets: (Give details)

5.1.6 Total assets:

5.2 Liabilities:

5.2.1 Amount outstanding on loans: (Give details including name of lender,

purpose of loan, amount owing

and monthly repayment)

5.2.2 Amount outstanding on hire purchase: (Give details including name of lender,

purpose of loan, amount owing

and monthly repayment)

5.2.3 Amount outstanding on credit cards: (Give details including name of lender,

purpose of loan, amount owing

and monthly repayment)

5.2.4 Other debts: (Give details)

6 PARTICULARS OF PROPERTY BEING PURCHASED

6.1 Address of property: (Including postcode)

6.2 Title details of property: (Include Block No., Section and Volume and Folio)

6.3 Name, address and telephone number of estate agent or seller:

6.4 If building, give name, address and telephone number of builder:

6.5 If you have engaged a solicitor, give name, address and telephone number of solicitor:

6.6 List the names of the persons who will live in the home being purchased:

7. UNDERSTANDINGS:

7.1 We understand that:

(a) we will be required to pay all costs associated with the purchase of the *home/*land mentioned above including legal expenses, stamp duty, and fees for the preparation of valuation reports, survey certificates and security documents; and
(b) any cost incurred by us will not be refunded by the Commission if this application is not approved; and
(c) the Commission:
(i) does not incur any responsibility for or in connection with the construction of the home or any building on the land; and
(ii) is not responsible for the standard of or the supervision of construction of the home or any building on the land;
and any inspection of the home or buildings on the land made by the Commission is for its own purposes.

SCHEDULE 2—continued

....................................................................

(Signatures of office bearers)

Names and addresses of office bearers:

.........................................................................................................................................

8. STATUTORY DECLARATION

We,

(names, addresses and position held) , Office Bearers of (name of corporation) do solemnly and sincerely declare that to the best of our knowledge, information and belief the statements made and answers given to questions in this application are true and correct in every particular.

We make this solemn declaration by virtue of the Statutory Declarations Act 1959, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

.......................................................

(Chairperson)

Common seal of

....................................................... corporation

(Secretary)

DECLARED at

the day of 19 .

Before me,

.........................................................

A Justice of the Peace or

Commissioner for Declarations

__________

SCHEDULE 2—continued

FORM 4

Aboriginal and Torres Strait Islander Commission

APPLICATION BY INDIVIDUALS OR PARTNERSHIPS FOR ENTERPRISE ASSISTANCE 1

SUMMARY:

Name:

Address:

Telephone number: (including STD code)

Enterprise:

Amount requested:

SECTION A—PERSONAL DETAILS

1.0 APPLICANT DETAILS

1.1 Surname:

1.1.1 Given names:

1.2 Current residential address and telephone number:

1.2.2 How long have you lived at your current address? (Specify years and months)

1.2.3 Postal address: (If different fromresidential address)

1.2.4 If you have lived at your current residential address for less than 5 years, previous residential address(s): (List all addresses for last 5 years)

1.3 Date of birth:

1.3.1 Driver's licence number:

1.4 Marital status: (Circle one)

Single

/ Married / Defacto / Separated / Widowed

1.5 Details of spouse:

1.5.1 Full name of spouse:

1.5.2 Date of birth:

1.5.3 Is spouse Aboriginal?

1.6 Children or other dependants: (Give names and dates of birth of all dependants)

2. ABORIGINALITY DETAILS:

2.1 My Certificate of Aboriginality *is attached/*has been previously submitted.

3. EMPLOYMENT DETAILS:

3.1 Current occupation:

3.1.1 Current employer:

3.1.2 Work address and telephone number:

3.1.3 Date commenced with current employer:

3.2 If you have been employed for less than 5 years with your current employer, give details of your employment over the last 5 years:

SCHEDULE 2—continued

3.3 Spouse's current employment details:

3.3.1 Current occupation:

3.3.2 Current employer:

3.3.3 Work address and telephone number:

4. DETAILS OF PERSONAL INCOME:

4.1 Applicant's net income:

4.2 Net income of spouse:

4.3 Other income:

4.4 Total net income each week:

5. DETAILS OF PERSONAL EXPENSES: 2

5.1 Repayments on borrowings such as personal loans, bankcard, hire purchase:

5.2 Car expenses including registration, insurance, fuel and oil:

5.3 Clothing:

5.4. Education:

5.5 Entertainment or recreation:

5.6 Food:

5.7 Household items such as furniture and effects:

5.8 Housing (including mortgage payments, rates, insurance, rent):

5.9 Power costs e.g. electricity or gas:

5.10 Total expenses each month:

6. DETAILS OF PERSONAL FINANCES: 3

6.1 Assets:

6.1.1 Value of house:

6.1.2 Value of land:

6.1.3 Value of motor vehicles(s):

6.1.4 Value of plant and equipment:

6.1.5 Value of furniture:

6.1.6 Value of investments, shares or deposits:

6.1.7 Money in bank account:

6.1.8 Other: (Give details)

6.1.9 Total assets:

6.2 Liabilities:

6.2.1 Mortgage on house:

6.2.2 Mortgage on land:

6.2.3 Amount outstanding on bank loans or bankcard:

6.2.4 Amount outstanding on personal loans:

6.2.5 Amount outstanding on hire purchase:

6.2.6 Amount owing on accounts due:

6.2.7 Other outstanding loans:

6.2.8 Other debts: (Give details)

6.2.9 Total liabilities:

6.3 If you have cash for use in the proposed business in deposit accounts, give details:

SCHEDULE 2—continued

6.4 List all current borrowings and give details of each:

SECTION B—PROPOSED BUSINESS VENTURE

1.0 DESCRIPTION:

1.1 What is the name (or will be the name) of the business?

1.2 How do you propose to structure the business - as a sole trader or a partnership or a company?
1.3 Briefly describe how the business operates and what function will be undertaken by the applicant.

2. TOTAL COSTS TO ESTABLISH THE BUSINESS:

2.1 Purchase of fixed assets:

2.2 Purchase of stock:

2.3 Purchase of plant and equipment:

2.4 Purchase of goodwill (if any):

2.5 Working Capital:

2.6 Total costs to establish the business:

3. APPLICANT'S EQUITY CONTRIBUTION:

3.1 Cash contribution:

3.2 Asset contribution: (List all items that you own that will be used in the business)

3.3 Total value of equity contribution:

4. ACTIVE PARTICIPATION:

4.1 Describe how you will be involved in the business, both in the operations and management aspects.

5. RELEVANT BACKGROUND EXPERIENCE:

5.1 Give a description of your background experience which will be relevant to the business venture: (Be brief but be sure that you do not omit any relevant experience)

6. QUALIFICATIONS OR LICENCES:

6.1 Provide a list or description of any formal or informal qualifications, including traineeships or work experience programs, which you have attained and are relevant to the business.
6.2 Are you presently enrolled in a course of study that is relevant to business? (If so, describe that course)
6.3 If you are required by law to be the holder of a particular licence and this licence is essential to the business, for example, plant operator, liquor licence, state which licence(s) you hold:

7. ABORIGINAL EMPLOYMENT:

7.1 Do you intend to employ other Aboriginal persons or Torres Strait Islanders in the business? (If so, state the number(s) and what positions or work will be undertaken by them)

SCHEDULE 2—continued

8. BUSINESS PLAN:

8.1 Have you developed a business plan which takes into account the aims and objectives of the business and provides suitable guidelines for its operation over a period of time including market analysis, sales planning and financial management/cash flows? If so, attach a copy to this application.
8.2 Whether a business plan has been developed or not, complete Appendix A, B and C to this form:
8.3 List any other information you consider relevant:

9. UNDERTAKINGS AND AGREEMENTS

9.1 *I/*We state that *I am/*we are not an undischarged bankrupt.

9.2 *I/*We state that the information in this application is to the best of *my/*our knowledge true and correct and understand any omission or false statement may result in the Commission rejecting this application or any loan to *me/*us.
9.3 *I/*We agree that the Aboriginal and Torres Strait Islander Commission or its agent for the purpose of assessing this application may check any of *my/*our statements.

9.4 *I am/*We are not under the age of 18 years.

9.5 *I/*We undertake to pay the necessary expenses such as title search fees, direct costs for the preparation of securities, valuation costs or legal costs relating to the approval and documentation of the loan.
9.6 *I/*We furnish this information on the understanding that subject to clause 9.3 above it will be held in confidence by the Commission or appointed agent.
9.7 *I/*We understand that this is an application only and may not necessarily result in a loan approval.

SIGNATURE OF APPLICANT(S):
..............................................................
..............................................................
DATE:

SIGNATURE OF WITNESS:
..............................................................
NAME AND ADDRESS OF WITNESS:

SCHEDULE 2—continued

APPENDIX

A

BUSINESS DESCRIPTION:

1. Geographic Location:

2. Is the proposed business a new venture, an expansion of an existing activity or a revival of an old activity?

3. What will the business do?(Give details of its objectives and activities)

4. When will the business begin to cover its costs? (Give details of the economic viability time frame - how and when the business is expected to become viable)

5. How will the business be organised? (Give details of how many jobs are likely, the organisation structure, who will supervise employees, who will make decisions)

APPENDIX B

EMPLOYMENT DETAILS:

1. List the positions in the business and give a job description for each position including:

(a)

the duties, tasks and responsibilities; and

(b)

the skills, knowledge and personal qualities;

required for each position.

APPENDIX C

TRAINING DETAILS:

1. Give details of the training that will be required by persons before commencing employment in the business: (Include details of:

(a)
the name of the person who requires the training or the position for which the training is required; and

(b)

the type of training required; and

(c)

the duration of the training; and

(d)

where and by whom the training will be given.)

2. Give details of the on-going training that will be required by employees of the business: (Include details of:

(a)
the name of the personwho requires the training or the position for which the training is required; and

(b)

the type of training required; and

(c)

the duration of the training; and

SCHEDULE 2—continued

(d)

where and by whom the training will be given; and

(e)

is it on-the-job or off-the-job training.)

1 The funding approved by the Commission may take the form of a guarantee under

section 19 of the Aboriginal and Torres Strait Islander Commission Act 1989 or of a

loan, or of a grant.

2 Provide all figures on a monthly basis. For figures such as car registration or insurance

or other once-a-year payments, divide the annual figure by 12 and show as a monthly

figure.

3 For assets, state the insured value of each item or provide an accurate estimate. For

liabilities, state the current discharge balance.

*Omit if not applicable

___________

FORM 5

Aboriginal and Torres Strait Islander Commission

APPLICATION BY AN ABORIGINAL OR TORRES STRAIT ISLANDER CORPORATION FOR ENTERPRISE FUNDING 1

1. APPLICANT

1.1 Name of corporation:

1.2 Postal Address:

1.3 Telephone number: (including STD code)

1.4 Name of contact person:

2. ORGANISATION DETAILS

2.1 Is the corporation an Aboriginal or Torres Strait Islander corporation within the meaning of subsection 4 (1) of the Aboriginal and Torres Strait Islander Commission Act 1989?
2.2 Is a copy of the corporation's Certificate of Incorporation attached?
2.3 Is a copy of the corporation's Memorandum and Articles of Association attached?
2.4 What contribution does the corporation propose to put into the business?
2.5 What non-cash community contribution is proposed?

2.6 Number of financial members:

2.7 Is a copy of the last annual audited financial statement available?
2.8 Is a copy of the Minutes noting the authorisation of this application attached?

3. PREVIOUS FUNDING

3.1 List all previous funding (including funding by the Aboriginal and Torres Strait Islander Commission, the Aboriginal Development Commission or the Department of Aboriginal Affairs) giving details of the year of the funding, the purposes for which funding was given and the amount.

SCHEDULE 2—continued

4. EMPLOYMENT

4.1 How many Aboriginals and Torres Strait Islanders will be employed in this enterprise? (Give details in accordance with the form set out in Appendix B)

4.2 Will the enterprise create new jobs?

4.3 Have there been discussions with the Department of Education, Employment and Training for possible employment and training assistance? If so, with which office or person?

5. MANAGEMENT

5.1 Name, address and telephone number of proposed manager or supervisor:

5.2 Give a brief history of the background of the proposed manager or supervisor in this type of work:
5.3 Does the corporation require assistance in management training?
5.4 Have the management training requirements been discussed with the Department of Education, Employment and Training for assistance under the Enterprise Management Training Scheme?

6. TRAINING DETAILS

6.1 List the training requirements in the form set out in Appendix C.

7. PURPOSE OF FUNDING

7.1 Describe the nature or type of business:

7.2 Give details of the costs of buying or establishing the business:

7.2.1 Itemise the costs of fixed assets, stock, equipment, working capital, goodwill and any other costs and state the subtotal of these amounts:

7.2.2 What is your contribution?

7.2.3 Amount of loan sought:

7.2.4 Amount of guarantee sought:

7.2.5 Total amount sought:

8. DETAILS OF BUSINESS

8.1 Description of business in accordance with form set out in Appendix A:
8.2 Profit and loss estimates for the first year after the completion of the project:

8.2.1 Income from the business:

8.2.2 Details of business expenses: (Give full details of all business expenditure including payroll tax, stock purchases, rent, etcand also include movement of stock and work in progress)

8.2.3 Total of expenses:

8.3 Estimated net profit before tax:

8.4 Estimated tax:

8.5 Estimated net profit after tax:

8.6 Is a 5 year cash flow attached?

8.7 If buying an existing business, attach the trading figures for the last 3 years:

SCHEDULE 2—continued

9. SUPPORT

9.1 Name, address and telephone number of the accountant who will assist the business to establish proper bookkeeping and accounting systems:
9.2 Name, address and telephone number of your solicitor:
9.3 If other expert assistance is required, give the name address and telephone number of each other expert who will be assisting the business:

10 SECURITY

10.1 Provide a list of the assets offered as security: (Give details of each asset and the market vale of each asset)

11. UNDERTAKINGS AND AGREEMENTS

11.1 We state that the information in this application is, to the best of our knowledge, true and correct and understand that any omission or false statement may result in the Commission rejecting this application.
11.2 We agree that the Commission or its agent for the purpose of assessing this application may check any of our statements and we agree to provide any further information requested.
11.3 We acknowledge that the Commission must be satisfied that the enterprise is likely to become, or continue to be, commercially successful.
11.4 It is understood that the Commission will assess the application for funding so as to enable the enterprise to become financially self-sufficient within 5 years.
11.5 We understand that this is an application only and may not necessarily result in approval of funding.

Dated

19 .

(SEAL)

THE COMMON SEAL OF THE

.....................................................

(insert name of corporation) WAS (Signature of Chairperson)

AFFIXED TO THIS APPLICATION

IN ACCORDANCE WITH A

RESOLUTION OF THE BOARD .....................................................

OF DIRECTORS. (Signature of Executive Member)

SCHEDULE 2—continued

APPENDIX A

BUSINESS DESCRIPTION:

1. Geographic location:

2. Is the proposed business a new venture, an expansion of an existing activity or a revival of an old activity?

3. What will the business do?(Give details of its objectives and activities)

4. When will the business begin to cover its costs? (Give details of the economic viability time frame - how and when the business is expected to become viable)

5. How will the business be organised? (Give details of how many jobs are likely, the organisation structure, who will supervise employees, who will make decisions)

APPENDIX B

EMPLOYMENT DETAILS:

1. List the positions in the business and:

(a)

state whether each position is a new or an existing job; and

(b)

give a job description for each position including:

(i) the duties, tasks and responsibilities; and

(ii) the skills, knowledge and personal qualities;

required for each position.

APPENDIX C

TRAINING DETAILS:

1. Give details of the training that will be required by persons before commencing employment in the business: (Include details of:

(a)
the name of the person who requires the training or the position for which the training is required; and

(b)

the type of training required; and

(c)

the duration of the training; and

(d)

where and by whom the training will be given.)

SCHEDULE 2—continued

2. Give details of the on-going training that will be required by employees of the business: (Include details of:

(a)
the name of the personwho requires the training or the position for which the training is required; and

(b)

the type of training required; and

(c)

the duration of the training; and

(d)

where and by whom the training will be given; and

(e)

is it on-the-job or off-the-job training.)

1 The funding approved by the Commission may take the form of a guarantee under section 19 of the Aboriginal and Torres Strait Islander Commission Act 1989 or of a loan, or of a grant.

____________________________________________________________

NOTE

1. Notified in the Commonwealth of Australia Gazette

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Citations

Aboriginal and Torres Strait Islander Commission Regulations (Cth)

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