Rural and Regional Adjustment Amendment Regulation (No. 1) 2011 (Qld)

Queensland Rural and Regional Adjustment Amendment Regulation (No. 1) 2011 Subordinate Legislation 2011 No. 1 made under the Rural and Regional Adjustment Act 1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 7 (Approval of schemes—Act, s 11) . . . . . . . . . 3 4 Amendment of schedule (Approved assistance schemes). . . . . . 3 Part 29 Special Disaster Flood Assistance (November 2010 to January 2011) Scheme Division 1 Preliminary 284 Objective of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . 3 285 Purpose of assistance . . . . . . . . . . . . . . . . . . . . . . . . 4 286 Definitions for pt 29. . . . . . . . . . . . . . . . . . . . . . . . . . . 4 287 Meaning of small business . . . . . . . . . . . . . . . . . . . . . 5 Division 2 General provisions for scheme 288 Nature of assistance. . . . . . . . . . . . . . . . . . . . . . . . . . 6 289 Eligibility criteria—primary producer. . . . . . . . . . . . . . 8 290 Eligibility criteria—small business . . . . . . . . . . . . . . . 8 291 Special requirement for particular assistance . . . . . . 9 292 Financial hardship . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 293 Amount of assistance . . . . . . . . . . . . . . . . . . . . . . . . . 11 294 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 295 Special provision for particular applications . . . . . . . . 12

Rural and Regional Adjustment Amendment Regulation (No. 1) 2011 Contents 296 Special provision about insurance . . . . . . . . . . . . . . . 297 Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298 Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . 13 13 13 Page 2 2011 SL No. 1

Rural and Regional Adjustment Amendment Regulation (No. 1) 2011 [s 1] 1 Short title This regulation may be cited as the Rural and Regional Adjustment Amendment Regulation (No. 1) 2011 . 2 Regulation amended This regulation amends the RuralandRegionalAdjustmentRegulation 2000 . 3 Amendment of s 7 (Approval of schemes—Act, s 11) Section 7— insert — ‘(zc) the Special Disaster Flood Assistance (November 2010 to January 2011) Scheme set out in the schedule, part 29.’. 4 Amendment of schedule (Approved assistance schemes) Schedule— insert — ‘Part 29 Special Disaster Flood Assistance (November 2010 to January 2011) Scheme ‘Division 1 Preliminary ‘284 Objective of scheme ‘The objective of the scheme is to provide, under an agreement between the Commonwealth and the State of 3 January 2011, assistance to eligible business entities that have suffered direct damage caused by the flood event. 2011 SL No. 1 Page 3

Rural and Regional Adjustment Amendment Regulation (No. 1) 2011 [s 4] ‘285 Purpose of assistance ‘(1) The purpose of the assistance under the scheme is to help an eligible business entity pay for costs arising out of direct damage caused by the flood event. ‘(2) However, assistance under the scheme is not intended to compensate eligible business entities for loss of income suffered because of the flood event. ‘286 Definitions for pt 29 ‘In this part— applicant means a person applying for assistance under the scheme. appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003 . eligible business entity means a primary producer or small business eligible for assistance under the scheme. flood event means the floods, caused by heavy rains in Queensland between November 2010 and January 2011, that have affected the prescribed (November 2010 to January 2011) flood disaster area. natural disaster relief and recovery arrangements means the funding arrangements agreed between the Commonwealth and the State for providing financial assistance to communities affected by natural disasters. Editor’s note — At the commencement of this definition, the funding arrangements were described in the document called ‘Natural disaster relief and recovery arrangements—Community recovery package guidelines 2007’ available on the Commonwealth Attorney-General’s Department website at < 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 Page 4 2011 SL No. 1

Rural and Regional Adjustment Amendment Regulation (No. 1) 2011 [s 4] (c) a description of each item to which the receipt relates. prescribed (November 2010 to January 2011) flood disaster area means the area— (a) defined by the appropriate Minister for the purpose of activating the natural disaster relief and recovery arrangements for communities affected by the flood event; and (b) described in a document held by the authority and available for inspection by members of the public. Editor’s note — The document describing the prescribed (November 2010 to January 2011) flood disaster area is published on the authority’s website at < primary producer means an individual who spends the majority of the individual’s labours on, and derives the majority of the individual’s income from, a primary production enterprise. primary production enterprise means a business that involves primary production, including, for example, the agricultural, aquacultural, horticultural or pastoral industries. scheme means the scheme under this part. small business see section 287. ‘287 Meaning of small business ‘(1) A small business is a business that— (a) holds an Australian Business Number; and (b) employs less than— (i) 20 full-time employees; or (ii) if the business has employees who do not work full-time for the business—20 equivalent full-time employees. ‘(2) A business is not a small business if the business— (a) is a public company; or 2011 SL No. 1 Page 5

Rural and Regional Adjustment Amendment Regulation (No. 1) 2011 [s 4] (b) is a charitable business that, under the natural disaster relief and recovery arrangements, is eligible to receive assistance to clean and restore the business in relation to direct damage caused by the flood event. ‘(3) Also, a business is not a small business if— (a) the business is operated by a sole owner; and (b) the business has no employees, other than the sole owner; and (c) the sole owner does not derive the majority of the owner’s income from the business. ‘(4) For subsection (1)(b), the number of equivalent full-time employees of a business is worked out using the formula— E = F + 3 -- P -- 5 - 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 who do not work full-time for the business. ‘(5) In this section— charitable business means a business that does not operate to make a profit. public company means a public company within the meaning of the Corporations Act. ‘Division 2 General provisions for scheme ‘288 Nature of assistance ‘(1) The nature of the assistance under the scheme is the provision of a grant to help eligible business entities clean and restore Page 6 2011 SL No. 1

Rural and Regional Adjustment Amendment Regulation (No. 1) 2011 [s 4] their small businesses or primary production enterprises that have suffered direct damage caused by the flood event. ‘(2) In particular, assistance is to be provided under the scheme to help an eligible business entity to cover the costs of the following— (a) purchasing, hiring or leasing plant, equipment or materials— (i) to clean premises or a property; or (ii) that are essential to the immediate resumption of farming or other business activities; (b) engaging a person to clean premises or a property; (c) clearing or disposing of debris, damaged goods or injured or dead livestock; (d) repairing and restoring fields; (e) repairing buildings other than houses; (f) repairing or replacing fencing on a property; (g) repairing or reconditioning essential plant or equipment; (h) repairing or replacing fittings in buildings other than houses, if repairing or replacing the fittings is essential to the immediate resumption of farming or other business activities; Examples — repairing electrical wiring or replacing floor coverings (i) repairing roads and infrastructure essential to the operation of the entity’s primary production enterprise or small business; (j) leasing temporary premises for the purpose of resuming trading; (k) purchasing fodder, or saving crops or feed for livestock; (l) maintaining the health of livestock or poultry; (m) replacing lost or damaged stock, other than livestock, if replacement of the stock is essential to the immediate resumption of farming or other business activities; 2011 SL No. 1 Page 7

Rural and Regional Adjustment Amendment Regulation (No. 1) 2011 [s 4] (n) engaging a person to conduct a safety inspection of premises; (o) paying wages to an employee of the entity, if the payment is more than the wages that would ordinarily have been paid to the employee. ‘289 Eligibility criteria—primary producer ‘An applicant is eligible for assistance under the scheme if— (a) the applicant is a primary producer; and (b) the applicant’s primary production enterprise has suffered direct damage as a result of the flood event; and (c) the applicant’s primary production enterprise is located in the prescribed (November 2010 to January 2011) flood disaster area; and (d) the applicant is primarily responsible for meeting the costs claimed in the application; and (e) the applicant was engaged in the primary production enterprise when the area in which the enterprise is located became part of the prescribed (November 2010 to January 2011) flood disaster area; and (f) the authority is satisfied the applicant intends to re-establish the primary production enterprise. ‘290 Eligibility criteria—small business ‘An applicant is eligible for assistance under the scheme if— (a) the applicant owns (whether as sole owner, in partnership or as a private company) a small business; and (b) the applicant’s small business has suffered direct damage as a result of the flood event; and (c) the small business is located in the prescribed (November 2010 to January 2011) flood disaster area; and Page 8 2011 SL No. 1

Rural and Regional Adjustment Amendment Regulation (No. 1) 2011 [s 4] (d) the applicant is primarily responsible for meeting the costs claimed in the application; and (e) the applicant was engaged in conducting the business when the area in which the business is located became part of the prescribed (November 2010 to January 2011) flood disaster area; and (f) the authority is satisfied the applicant intends to re-establish the small business. ‘291 Special requirement for particular assistance ‘(1) An applicant is eligible for assistance of more than $5000 under the scheme only if— (a) 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; or (b) the applicant demonstrates financial hardship under section 292 and provides evidence to the authority, in the form of quotations for work, equipment or materials, that all amounts claimed by the applicant under the scheme are needed for cleaning and restoring the applicant’s small business or primary production enterprise. ‘(2) Subsection (1) applies to an applicant even if the applicant makes more than 1 application under the scheme. Example — An applicant makes a claim under the scheme for $5000 for a small business and makes a second claim for $4000. The applicant is not eligible for the further assistance of $4000 unless the applicant provides the evidence to the authority as required under the scheme that the total amount of $9000 claimed has either been paid by the applicant or, if the applicant has demonstrated hardship, is necessary for cleaning and restoring the small business. 2011 SL No. 1 Page 9

Rural and Regional Adjustment Amendment Regulation (No. 1) 2011 [s 4] ‘292 Financial hardship ‘(1) To demonstrate financial hardship for section 291(1)(b), an application for assistance must be accompanied by— (a) evidence that the applicant is the holder of a current health care card under the Social Security Act 1991 (Cwlth); or (b) a certificate from a suitably qualified person stating that— (i) the applicant cannot pay the amounts claimed in the application because of financial hardship; and (ii) the continuation of the applicant’s primary production enterprise or small business is in doubt because the applicant cannot pay the amounts claimed. ‘(2) In this section— suitably qualified person means— (a) generally, a person who— (i) has financial qualifications that enable the person to give a certificate mentioned in subsection (1)(b); and (ii) is a member of a professional association whose members normally provide financial advice; or (b) for an applicant for whom it is not reasonably practical to engage a person mentioned in paragraph (a), including, for example, because the applicant’s residence is not located near a populated area, a person who— (i) has experience in financial matters because of the person’s occupation, whether or not the person normally provides or provided financial advice; and Examples — accountant, bank manager, tax agent (ii) is a member of a relevant professional association. Page 10 2011 SL No. 1

Rural and Regional Adjustment Amendment Regulation (No. 1) 2011 [s 4] ‘293 Amount of assistance ‘The maximum amount of assistance that may be given to an applicant under the scheme is $25000. Note — See section 295 for special circumstances in which an applicant may be given more than the stated maximum amount. ‘294 Conditions ‘(1) An applicant may apply for assistance under the scheme in the applicant’s capacity as a primary producer or a small business, but not both. ‘(2) Payment of assistance under the scheme is subject to the following conditions— (a) an applicant must, until 30 September 2012, 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 obtaining information or documents from an insurer of the applicant’s primary production enterprise or small business to allow the authority to verify, for a grant of more than $5000 under the scheme, the applicant’s entitlements under an insurance policy taken out with the insurer; (c) 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 claim for assistance. ‘(3) Payment of assistance under the scheme is subject to any other conditions decided by the authority, including, for 2011 SL No. 1 Page 11

Rural and Regional Adjustment Amendment Regulation (No. 1) 2011 [s 4] example, conditions requiring the applicant to give to the authority the following— (a) evidence of the direct damage in relation to which an application is made; (b) evidence that the majority of the applicant’s income is derived from the applicant’s primary production enterprise or small business. ‘295 Special provision for particular applications ‘(1) This section applies if— (a) an eligible business entity operates more than 1 business or primary production enterprise (each a separate business ) at separate locations; and (b) the authority is satisfied a separate business is a commercial entity that would be a commercially viable and autonomous business (an eligible separate business ) if other businesses operated by the eligible business entity ceased to operate. ‘(2) The eligible business entity may apply for assistance under the scheme for each eligible separate business as if each business were a separate primary production enterprise or small business in relation to which the applicant is eligible for assistance under the scheme. ‘(3) Despite section 293, the maximum amount of assistance that may be given for each eligible separate business under the scheme is $25000. ‘(4) For subsection (1)(b), the authority may have regard to the following— (a) the staffing arrangements of the separate business; (b) whether the business has its own plant, equipment or stock; (c) the accounting and insurance arrangements of the business; Page 12 2011 SL No. 1

Rural and Regional Adjustment Amendment Regulation (No. 1) 2011 [s 4] (d) whether the business operates under its own trading name. ‘(5) Subsection (4) does not limit the matters to which the authority may have regard. ‘296 Special provision about insurance ‘(1) This section applies if an applicant receives, or is entitled to receive, an amount (an insurance amount ) under a policy of insurance relating to direct damage caused by the flood event. ‘(2) The applicant is not eligible to receive a grant under the scheme to cover particular costs of cleaning and restoring a primary production enterprise or small business if the applicant receives, or is entitled to receive, an insurance amount to cover the costs. ‘(3) However, this section does not apply in relation to the first $5000 an applicant receives under the scheme for the primary production enterprise or small business. ‘297 Applications ‘(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) An application for assistance under the scheme must be received by the authority no later than 30 September 2011. ‘298 Deciding applications ‘The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.’. 2011 SL No. 1 Page 13

Rural and Regional Adjustment Amendment Regulation (No. 1) 2011 ENDNOTES 1 Made by the Governor in Council on 11 January 2011. 2 Notified in the gazette on 11 January 2011. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Employment, Economic Development and Innovation. © State of Queensland 2011 Page 14 2011 SL No. 1