Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 (Qld)

Queensland Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 Subordinate Legislation 2013 No. 19 made under the Rural and Regional Adjustment Act 1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 3 (Approval of schemes—Act, s 11) . . . . . . . . . 3 4 Insertion of new pt 4, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Insertion of new pt 4, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 2 Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 7 References to eligible natural disaster . . . . . . . . . . . . 3 6 Replacement of ‘eligible natural disaster’ with ‘eligible disaster’ . 4 7 Amendment of sch 2 (Natural Disaster Relief (Primary Producers) Scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Amendment of sch 3 (Natural Disaster Relief (Small Business) Scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Amendment of sch 21 (Natural Disaster Relief (Non-profit Organisations) Scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Insertion of new sch 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Schedule 23 Special Disaster Assistance Scheme Part 1 Preliminary 1 Objective of scheme . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Purpose of assistance . . . . . . . . . . . . . . . . . . . . . . . . 6

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 Contents 3 4 5 Part 2 6 Part 3 7 8 9 Part 4 10 11 12 13 14 Part 5 15 16 17 Part 6 18 19 Part 7 20 21 22 Part 8 23 24 Definitions for sch 23 . . . . . . . . . . . . . . . . . . . . . . . . . 6 Meaning of eligible disaster . . . . . . . . . . . . . . . . . . . . 9 Meaning of small business . . . . . . . . . . . . . . . . . . . . . 10 Establishment of assistance Assistance establishment notice . . . . . . . . . . . . . . . . 11 Nature of assistance Nature of assistance under scheme. . . . . . . . . . . . . . 13 Assistance for primary production enterprises and small businesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Assistance for non-profit organisations . . . . . . . . . . . 15 Eligibility for assistance Application may be made in 1 capacity only. . . . . . . . 16 Eligibility criteria—primary producer. . . . . . . . . . . . . . 17 Eligibility criteria—small business owner . . . . . . . . . . 17 Eligibility criteria—non-profit organisation . . . . . . . . . 18 Additional restrictions on eligibility—non-profit organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Financial evidence for applications Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Special requirements for assistance. . . . . . . . . . . . . . 19 Financial hardship . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Conditions of assistance General conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Special provision about insurance . . . . . . . . . . . . . . . 22 Amount of assistance Maximum amount of assistance . . . . . . . . . . . . . . . . . 23 Special provisions for primary producers and small business owners. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Special provisions for non-profit organisations. . . . . . 24 Other provisions about applications Requirements for applications . . . . . . . . . . . . . . . . . . 25 Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . 26 Page 2 2013 SL No. 19

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 1] 1 Short title This regulation may be cited as the Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 . 2 Regulation amended This regulation amends the RuralandRegionalAdjustmentRegulation 2011. 3 Amendment of s 3 (Approval of schemes—Act, s 11) Section 3(1), ‘22’— omit, insert— ‘23’. 4 Insertion of new pt 4, div 1, hdg Before section 5— insert— ‘Division 1 Transitional provisions for SL No. 155 of 2011’. 5 Insertion of new pt 4, div 2 After section 6— insert— ‘Division 2 Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 ‘7 References to eligible natural disaster In a document, a reference to an eligible natural disaster may, if the context permits, be taken to be a reference to an eligible disaster.’. 2013 SL No. 19 Page 3

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 6] 6 Replacement of ‘eligible natural disaster’ with ‘eligible disaster’ Each of following provisions is amended by omitting the words ‘eligible natural disaster’ and inserting the words ‘eligible disaster’— • schedule 2, section 1 • schedule 2, section 2 • schedule 2, section 3 • schedule 2, section 4(1) • schedule 2, section 5(b)(i) • schedule 2, section 6 • schedule 2, section 7(1) • schedule 3, section 1, definition eligible natural disaster • schedule 3, section 2 • schedule 3, section 4(1)(a) • schedule 3, section 6 • schedule 3, section 7(1)(b)(i) • schedule 21, section 1 • schedule 21, section 2 • schedule 21, section 3 • schedule 21, section 4 • schedule 21, section 6 • schedule 21, section 7 • schedule 21, section 8. 7 Amendment of sch 2 (Natural Disaster Relief (Primary Producers) Scheme (1) Schedule 2, section 2(1)(i) and (j)— renumber as schedule 2, section 2(1)(j) and (k). (2) Schedule 2, section 2(1)— Page 4 2013 SL No. 19

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 8] insert— ‘(i) a terrorist event;’. 8 Amendment of sch 3 (Natural Disaster Relief (Small Business) Scheme (1) Schedule 3, section 2(1)(i) and (j)— renumber as schedule 3, section 2(1)(j) and (k). (2) Schedule 3, section 2(1)— insert— ‘(i) a terrorist event;’. 9 Amendment of sch 21 (Natural Disaster Relief (Non-profit Organisations) Scheme (1) Schedule 21, section 4(1)(i) and (j)— renumber as schedule 21, section 4(1)(j) and (k). (2) Schedule 21, section 4(1)— insert— ‘(i) a terrorist event;’. 10 Insertion of new sch 23 After schedule 22— insert— ‘Schedule 23 Special Disaster Assistance Scheme section 3(1) ‘Part 1 Preliminary 2013 SL No. 19 Page 5

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] ‘1 Objective of scheme ‘The 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. ‘2 Purpose 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 because of an eligible disaster. ‘3 Definitions for sch 23 ‘In 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 the day by which the authority must receive the application as stated in the assistance establishment notice for the eligible disaster under— (a) section 6(3)(i); or (b) if the day is changed under section 6(6), section 6(7). defined disaster area , for an eligible disaster, means an area— (a) defined by the appropriate Minister for the purpose of activating the natural disaster relief and recovery Page 6 2013 SL No. 19

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] 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 — At the commencement of this section, documents describing defined disaster areas were published on the authority’s website at < eligible disaster see section 4. eligible entity means any of the following eligible for assistance under the scheme— (a) a primary producer; (b) a small business owner; (c) a non-profit organisation. 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 section, the funding arrangements were described in the following documents available on the Australian Government Disaster Assist website at < • Natural disaster relief and recovery arrangements—determination 2012 (version 1) • Natural disaster relief and recovery arrangements guideline 4—Community recovery package guidelines • Natural disaster relief and recovery arrangements guideline 9—Category C assistance: interim assessment framework and forms. non-profit organisation — 1 A non-profit organisation is an incorporated charitable or other organisation that— (a) is not operating for the profit or gain, either direct or indirect, of its individual members; and (b) provides a benefit to the community. 2013 SL No. 19 Page 7

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] Page 8 2 Paragraph 1(a) applies— (a) while the organisation is operating; and (b) when it winds up, as if it were still operating. 3 Also, any profit made by the organisation must go back into the operation of the organisation to carry out its purposes and not be distributed to any of its members. 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 2013 SL No. 19

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] (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 sole trader, partnership, private company or trust that carries on a small business. ‘4 Meaning of eligible disaster ‘(1) An eligible 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; 2013 SL No. 19 Page 9

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] (h) a storm surge; (i) a terrorist event; (j) a tornado; (k) a tsunami. ‘(2) However, an eligible disaster does not include an event mentioned in subsection (1) if the authority considers that development has significantly contributed to the event. ‘(3) In this section— development see the Sustainable Planning Act 2009 , section 7. ‘5 Meaning 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 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 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 eligible disaster. ‘(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. Page 10 2013 SL No. 19

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] ‘(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 other than full-time employees. ‘(5) 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. ‘Part 2 Establishment of assistance ‘6 Assistance establishment notice ‘(1) This section applies if the Commonwealth and the State have agreed that assistance should be given under the natural disaster relief and recovery 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 subsection (3) for the event. 2013 SL No. 19 Page 11

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] Editor’s note — At the commencement of this section, the address of the authority’s website was < ‘(3) The notice must state— (a) a description of the event; and (b) whether any or all of the following are eligible to apply for assistance for the event— (i) primary producers; (ii) small business owners; (iii) non-profit organisations; and (c) the day from when an applicant can apply for the assistance; and (d) subject to paragraphs (e) and (f), the maximum total amount of the assistance that may be given to an eligible entity for the event; and (e) whether different maximum total amounts of assistance are available to eligible entities for damage suffered in different areas ( disaster zones ) within the defined disaster area; and (f) if assistance of the type mentioned in paragraph (e) is available— (i) a description of the location of each disaster zone; and (ii) the maximum total amount of assistance for an eligible entity for damage suffered in the disaster zone; and (g) whether or not part 5 applies to an application for the assistance and, if assistance of the type mentioned in paragraph (e) is available, whether or not part 5 applies to the applications for assistance relating to each disaster zone; and (h) if part 5 applies to an application for assistance, whether it applies to the total or another stated amount of the assistance; and Page 12 2013 SL No. 19

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] (i) the day (the stated closing day ) by which an application for the assistance must be received by the authority. ‘(4) For subsection (3)(f), a disaster zone may be described by reference to a map or plan accompanying the notice. ‘(5) Subsection (3)(d) and (f)(ii) is subject to sections 21(3) and 22(3). ‘(6) The Minister may, before the stated closing day, change the day by which an application must be received by the authority to a later day. ‘(7) If the Minister changes the day under subsection (6), the Minister must amend the notice to show the later day as the stated closing day. ‘Part 3 Nature of assistance ‘7 Nature of assistance under scheme ‘The nature of the assistance under the scheme is the provision of a grant to help an eligible entity— (a) if the eligible entity is a primary producer—clean and restore its primary production enterprise that has suffered direct damage caused by the eligible disaster; or (b) if the eligible entity is a small business owner—clean and restore his or her small business that has suffered direct damage caused by the eligible disaster; or (c) if the eligible entity is a non-profit organisation—clean and restore its means for conducting its operations that have suffered direct damage caused by the eligible disaster. 2013 SL No. 19 Page 13

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] ‘8 Assistance for primary production enterprises and small businesses ‘(1) Without limiting section 7, assistance may be provided to cover the following costs for cleaning and restoring an eligible entity’s primary production enterprise or small business— (a) purchasing, hiring or leasing plant, equipment or materials— (i) to clean premises or a property; or (ii) that are essential to immediately resume 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 agricultural land to the condition it was in before the eligible disaster; (e) repairing buildings other than houses if the repairs are essential to immediately resume farming or other business activities; (f) repairing or replacing fencing on a property; (g) repairing or reconditioning essential plant or equipment; (h) repairing or replacing fittings in a building, other than a house, if repairing or replacing the fittings is essential to immediately resume farming or other business activities; Example — repairing electrical wiring or replacing floor coverings (i) repairing internal roads or infrastructure essential to the operation of the eligible entity’s primary production enterprise or small business; (j) leasing temporary premises for the purpose of resuming trading; (k) purchasing fodder, or salvaging crops or feed for livestock; Page 14 2013 SL No. 19

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] (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 immediately resume farming or other business activities; (n) engaging a person to conduct a safety inspection of premises; (o) paying wages to an employee of the eligible entity, if the payment— (i) is for cleaning or restoration work essential to immediately resume farming or other business activities; and (ii) is more than the wages that would ordinarily have been paid to the employee. ‘(2) In this section— internal road means a road— (a) within premises where the eligible entity’s primary production enterprise or small business is situated; and (b) that the eligible entity is responsible for maintaining. ‘9 Assistance for non-profit organisations ‘(1) Without limiting section 7, assistance may be provided to cover the following costs for cleaning and restoring a non-profit organisation’s means for conducting its operations— (a) purchasing, hiring or leasing plant, equipment or materials— (i) to clean premises or a property; or (ii) that are essential to immediately resume the non-profit organisation’s operations; (b) engaging a person to clean premises or a property; (c) clearing or disposing of debris or damaged goods or materials; 2013 SL No. 19 Page 15

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] (d) repairing or restoring essential premises, including grounds, amenities and infrastructure that are essential to immediately resume the non-profit organisation’s operations; (e) repairing or reconditioning essential plant or equipment; (f) repairing or replacing fittings in buildings if repairing or replacing the fittings is essential to immediately resume the non-profit organisation’s operations; Example — repairing electrical wiring or replacing floor coverings (g) leasing temporary premises for the purpose of resuming the non-profit organisation’s operations; (h) engaging a person to conduct a safety inspection of premises; (i) paying wages to an employee of the non-profit organisation, if the payment— (i) is for cleaning or restoration work essential to immediately resume the non-profit organisation’s operations; and (ii) is more than the wages that would ordinarily have been paid to the employee. ‘Part 4 Eligibility for assistance ‘10 Application may be made in 1 capacity only ‘An 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. Page 16 2013 SL No. 19

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] ‘11 Eligibility criteria—primary producer ‘An applicant who is a primary producer is eligible for assistance under the scheme for an eligible disaster if— (a) an assistance establishment notice states that primary producers are eligible to apply for the assistance; and (b) the applicant’s primary production enterprise has suffered direct damage as a result of the eligible disaster; and (c) the primary production enterprise is located in the defined disaster area for the eligible disaster; 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 where the enterprise is located became part of the defined disaster area for the eligible disaster; and (f) the authority is satisfied the applicant intends to re-establish the primary production enterprise. ‘12 Eligibility 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— (a) an assistance establishment notice states that small business owners are eligible to apply for the assistance; and (b) the small business has suffered direct damage as a result of the eligible disaster; and (c) the small business is located in the defined disaster area for the eligible disaster; and (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 where the business is located became part of the defined disaster area for the eligible disaster; and 2013 SL No. 19 Page 17

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] (f) the authority is satisfied the applicant intends to re-establish the small business. ‘(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. Note — At the commencement of this section, the Natural disaster relief and recovery arrangements guideline 4—Community recovery package guidelines relevantly provided for property owners who have incurred loss or damage to an investment property under the heading ‘Rental properties’ at page 19, and attachment C (Assessing a bona-fide property rental business). ‘13 Eligibility criteria—non-profit organisation ‘An applicant that is a non-profit organisation is eligible for assistance under the scheme for an eligible disaster if— (a) an assistance establishment notice states that non-profit organisations are eligible to apply for the assistance; and (b) the applicant’s means for conducting its operations have suffered direct damage as a result of the eligible disaster; and (c) the non-profit organisation is located in the defined disaster area for the eligible disaster; and (d) the applicant is primarily responsible for meeting the costs claimed in the application; and (e) the applicant was engaged in conducting its operations when the area where the applicant is located became part of the defined disaster area for the eligible disaster; and (f) the authority is satisfied the applicant intends to re-establish its operations; and (g) 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. Page 18 2013 SL No. 19

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] ‘14 Additional 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. ‘Part 5 Financial evidence for applications ‘15 Application of pt 5 ‘This part applies to an application for assistance for an eligible disaster— (a) if the assistance establishment notice for the disaster states that this part applies to the application; and (b) in relation to the amount of the assistance stated in the notice. ‘16 Special requirements for assistance ‘An applicant is eligible for assistance for the eligible disaster 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 17 and provides evidence to the authority, in the 2013 SL No. 19 Page 19

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] 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 primary production enterprise or small business or means for conducting its operations as a non-profit organisation. ‘17 Financial hardship ‘(1) To demonstrate financial hardship for section 16(b), an application for assistance must be accompanied by 1 of the following— (a) for an applicant who is a primary producer— (i) either— (A) if the applicant is an individual—evidence that the applicant is the holder of a health care card under the Social Security Act 1991 (Cwlth); or (B) if the applicant is a partnership, company or trust—evidence that at least 1 of the partners, shareholders or beneficiaries of the partnership, company or trust is the holder of a health care card under the Social Security Act 1991 (Cwlth); or (ii) a financial hardship certificate for the applicant’s primary production enterprise; (b) for an applicant who is a small business owner— (i) if the small business is owned by 1 or more individuals—evidence that the owner or at least 1 of the owners is the holder of a health care card under the Social Security Act 1991 (Cwlth); or (ii) a financial hardship certificate for the applicant’s small business; (c) for an applicant that is a non-profit organisation, a financial hardship certificate for the organisation’s activities that are not for profit. Page 20 2013 SL No. 19

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] ‘(2) In this section— financial hardship certificate , for an applicant that is a primary producer, small business owner or non-profit organisation, means a certificate from a suitably qualified person stating that— (a) the applicant can not pay the amounts claimed in the application because of financial hardship; and (b) the continuation of the applicant’s ability to continue to carry out its primary production enterprise, small business or activities that are not for profit is in doubt because the applicant can not pay the amounts claimed. 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); and (ii) is a member of a professional association whose members normally provide financial advice; and (iii) is not an office holder in, or otherwise associated with, the applicant; 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; and (iii) is not an office holder in, or otherwise associated with, the applicant. 2013 SL No. 19 Page 21

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] ‘Part 6 Conditions of assistance ‘18 General conditions ‘(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 obtaining information or documents from an insurer about the applicant’s primary production enterprise, small business or its 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; (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 application for assistance. ‘(2) However, subsection (1)(b) applies only if part 5 applies to the applicant’s application for assistance. ‘19 Special provision about insurance ‘(1) This section applies if— (a) part 5 applies to an application; and (b) the applicant receives, or is entitled to receive, an amount (an insurance amount ) under a policy of Page 22 2013 SL No. 19

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] insurance relating to direct damage caused by an eligible disaster. ‘(2) The applicant is not eligible to receive a grant under the scheme to cover particular costs of cleaning and restoring the applicant’s primary production enterprise, small business or means for conducting its operations as a non-profit organisation if the applicant receives, or is entitled to receive, an insurance amount to cover the costs. ‘Part 7 Amount of assistance ‘20 Maximum amount of assistance ‘Subject to sections 21 and 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. ‘21 Special provisions for primary producers and small business owners ‘(1) This section applies if— (a) either— (i) an eligible entity that is a primary producer operates more than 1 primary production enterprise (each a separate business ) at separate locations; or (ii) an eligible entity that is a small business owner operates 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 operated by the eligible entity ceased to operate. 2013 SL No. 19 Page 23

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] ‘(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— (a) section 6(3)(d); or (b) section 6(3)(f)(ii), if relevant. ‘(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. ‘22 Special 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. Page 24 2013 SL No. 19

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] ‘(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— (a) section 6(3)(d); or (b) section 6(3)(f)(ii), if relevant. ‘(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. ‘Part 8 Other provisions about applications ‘23 Requirements for applications ‘(1) An application for assistance under the scheme must— (a) be made on the authority’s application form; and 2013 SL No. 19 Page 25

Rural and Regional Adjustment Amendment Regulation (No. 1) 2013 [s 10] (b) be accompanied by the documentation stated in 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 the closing day for the application. ‘(3) The authority may request that an applicant provide further relevant information required to decide the application. ‘24 Deciding applications ‘The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme. ENDNOTES 1 Made by the Governor in Council on 14 February 2013. 2 Notified in the gazette on 15 February 2013. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Agriculture, Fisheries and Forestry. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 26 2013 SL No. 19