Rural Adjustment Authority Amendment Regulation (No. 1) 2004 (Qld)

Queensland Rural Adjustment Authority Amendment Regulation (No. 1) 2004 Subordinate Legislation 2004 No. 169 made under the Rural Adjustment Authority Act 1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Insertion of new pt 2, hdg, and s 2A. . . . . . . . . . . . . . . . . . . . . . . 3 2A Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s 3 (Other functions of authority—Act, s 8(2)(h)) . 3 7 Amendment of s 4 (Rural irrigation water users) . . . . . . . . . . . . . 4 8 Amendment of s 5 (QHC loans for residential services) . . . . . . . 4 9 Insertion of new s 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Adjustment package . . . . . . . . . . . . . . . . . . . . . . . . . . 4

s1 2 s4 Rural Adjustment Authority Amendment Regulation No. 169, 2004 (No. 1) 2004 1 Short title This regulation may be cited as the Rural Adjustment Authority Amendment Regulation (No. 1) 2004 . 2 Regulation amended This regulation amends the RuralAdjustmentAuthorityRegulation 2000. 3 Insertion of new pt 1, hdg Before section 1— insert — ‘Part 1 Preliminary’. 4 Amendment of s 2 (Definitions) Section 2— insert — ‘ adjustment package means the scheme known as the ‘Great Barrier Reef Marine Park Structural Adjustment Package 2004’. affected person — (a) means a person who may be significantly adversely affected by the rezoning of the Great Barrier Reef Marine Park under the Great Barrier Reef Zoning Plan 2003 (Cwlth); and (b) includes— (i) a person who holds a commercial fisher licence under the Fisheries Act 1994 ; and (ii) a person who carries on a business relating to a fishery or fisheries within the meaning of the Fisheries Act 1994 ; 1 and 1 See Fisheries Act 1994 , section 7 (Meaning of fishery )

s5 3 s6 Rural Adjustment Authority Amendment Regulation No. 169, 2004 (No. 1) 2004 (iii) an employee of a person mentioned in subparagraph (i) or (ii). component , of the adjustment package, means any of the following, within the meaning of the package— (a) business advice assistance; (b) business exit assistance; (c) business restructuring assistance; (d) employee assistance. DEH means the Commonwealth Department of the Environment and Heritage.’. 5 Insertion of new pt 2, hdg, and s 2A After section 2— insert — ‘Part 2 Other functions of authority ‘2A Application of pt 2 ‘This part prescribes, for section 8(2)(h) of the Act, other functions of the authority.’. 6 Amendment of s 3 (Other functions of authority—Act, s 8(2)(h)) (1) Section 3, heading— omit, insert — ‘3 DSAP scheme’. (2) Section 3(1), ‘For section 8(2)(h) of the Act, the’— omit, insert — ‘The’. (3) Section 3(1)(d), ‘subsection’— omit, insert — ‘section’.

s7 4 s9 Rural Adjustment Authority Amendment Regulation No. 169, 2004 (No. 1) 2004 (4) Section 3(2) and (3)— renumber as sections 4 and 5. (5) Section 4, as renumbered by subsection (4)— insert as heading— ‘4 Rural irrigation water users’. (6) Section 5, as renumbered by subsection (4)— insert as heading— ‘5 QHC loans for residential services’. 7 Amendment of s 4 (Rural irrigation water users) (1) Section 4, as renumbered, ‘Also, for section 8(2)(h) of the Act, the’— omit, insert — ‘The’. (2) Section 4(h), as renumbered, ‘subsection’— omit, insert — ‘section’. 8 Amendment of s 5 (QHC loans for residential services) Section 5(i), as renumbered, ‘subsection’— omit, insert — ‘section’. 9 Insertion of new s 6 After section 5, as renumbered— insert — ‘6 Adjustment package ‘The authority has each of the following functions in relation to the adjustment package—

s9 5 s9 Rural Adjustment Authority Amendment Regulation No. 169, 2004 (No. 1) 2004 (a) to make information about the package available to the public, including giving information sessions about the package to affected persons interested in applying for assistance; (b) to take advice from a committee established by DEH when applying, for each component of the adjustment package, the following— (i) DEH’s criteria for deciding the eligibility of applicants under the component (the eligibility criteria ); (ii) DEH’s criteria for the assessment of applications under the component (the assessment criteria ); (c) to assess the eligibility of applicants and decide whether the applicants satisfy the eligibility criteria; (d) if the authority decides an applicant satisfies the eligibility criteria for a component of the package—to assess the application and decide whether the application satisfies the assessment criteria for the component; (e) for the following components of the adjustment package, to notify DEH about decisions made under paragraphs (c) and (d)— (i) business advice assistance; (ii) employee assistance; (f) for the other components of the adjustment package, to make recommendations to DEH about whether, in the opinion of the authority— (i) an applicant satisfies the eligibility criteria for the component; and (ii) if the authority assesses an application under paragraph (d)—the applicant satisfies the assessment criteria for the component; (g) to give DEH information about the applications, including information about the following— (i) the number of applications the authority receives;

s9 6 s9 Rural Adjustment Authority Amendment Regulation No. 169, 2004 (No. 1) 2004 (ii) the number of applicants under each component of the adjustment package and the amount of assistance for which each applicant applies; (iii) the bases for the decisions and recommendations made by the authority; (iv) any payments made by the authority to applicants; (h) to give each applicant— (i) written notice of any decision made by the authority or DEH about the application; and (ii) if the authority or DEH decides to refuse the application—written notice of the reasons for the decision; (i) if a decision made by the authority or DEH authorises payment to an applicant—to pay the applicant the amount authorised; (j) to keep an electronic register of details about applications received by the authority, including the following— (i) decisions about applications; (ii) payments made to applicants; (iii) recommendations and other information given to DEH under this section; (k) if an applicant is dissatisfied with a decision made by the authority or DEH about an application and appeals to DEH for reconsideration of the decision—to give DEH the appeal documents the authority receives from the applicant; (l) to perform functions incidental to a function under another paragraph of this section.’.

7 Rural Adjustment Authority Amendment Regulation No. 169, 2004 (No. 1) 2004 ENDNOTES 1 Made by the Governor in Council on 26 August 2004. 2 Notified in the gazette on 27 August 2004. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Primary Industries and Fisheries. © State of Queensland 2004