Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 (Qld)

Queensland Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 Subordinate Legislation 2011 No. 21 made under the Rural and Regional Adjustment Act 1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 7 (Approval of schemes—Act, s 11) . . . . . . . . . 2 4 Amendment of schedule (Approved assistance schemes). . . . . . 2

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 1] 1 Short title This regulation may be cited as the Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 . 2 Regulation amended This regulation amends the RuralandRegionalAdjustmentRegulation 2000 . 3 Amendment of s 7 (Approval of schemes—Act, s 11) Section 7— insert— ‘(zd) the Special Disaster Floods (November 2010 to January 2011) Non-profit Organisations Assistance Scheme set out in the schedule, part 30; (ze) the Floods (November 2010 to January 2011) and Tropical Cyclone Yasi Non-profit Organisations Assistance Scheme set out in the schedule, part 31; (zf) the Floods (November 2010 to January 2011) and Tropical Cyclone Yasi (Extreme Damage) Assistance Scheme, set out in the schedule, part 32; (zg) the Special Disaster Tropical Cyclone Yasi Assistance Scheme set out in the schedule, part 33.’. 4 Amendment of schedule (Approved assistance schemes) (1) Schedule, section 278— insert— ‘ appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003 . disaster event means— (a) the floods, caused by heavy rains in Queensland between November 2010 and January 2011, that have affected the prescribed disaster area; or Page 2 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] (b) Tropical Cyclone Yasi. 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 < prescribed disaster area means the local government areas— (a) within the area defined by the appropriate Minister for the receipt of natural disaster relief and recovery arrangements measures for communities affected by the disaster event; and (b) described in a document held by the authority and available for inspection by members of the public. Editor’s note — The documents describing the prescribed disaster area and the prescribed personal hardship assistance scheme area are published on the authority’s website at < prescribed personal hardship assistance scheme area means the local government areas— (a) defined by the appropriate Minister for the purpose of activating the personal hardship assistance scheme in relation to— (i) Queensland flooding and Cyclones Tasha and Anthony, November 2010 to February 2011; or (ii) Tropical Cyclone Yasi; and (b) described in documents held by the authority and available for inspection by members of the public.’. (2) Schedule, section 279, heading, after ‘criteria’— insert— 2011 SL No. 21 Page 3

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] ‘ other than relating to particular flood-damaged water heaters ’. (3) Schedule, section 279, after ‘satisfied’— insert— ‘as mentioned in section 279A(2), or the authority must be satisfied’. (4) Schedule, section 279(e), ‘renewable energy certificates’— omit, insert— ‘small-scale technology certificates’. (5) Schedule, section 280— omit, insert— ‘279A General eligibility criteria relating to particular flood-damaged water heaters ‘(1) This section states criteria, relating to particular flood-damaged water heaters, that are an alternative to the criteria stated in section 279. ‘(2) The criteria for this section are that the authority must be satisfied— (a) of the matters stated in section 279(a) to (c); and (b) the residence mentioned in section 279(b) is located in— (i) the prescribed disaster area; and (ii) the prescribed personal hardship assistance scheme area; and (c) a water heater ( former heater ) was installed in the residence and was damaged by the disaster event; and (d) either— (i) the residence has been rebuilt, or repaired, because of damage from the disaster event; or (ii) the solar water heater mentioned in section 279(b) replaced the former heater; and Page 4 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] (e) of the matters stated in section 279(d)(ii) to (iv) and (e) to (l). ‘280 Additional eligibility criteria for concessional rebate ‘(1) For an applicant to be eligible for the concessional rebate, the authority must also be satisfied the applicant is the holder of— (a) a concession card under the Social Security Act 1991 (Cwlth); or (b) a blue pensioner concession card issued by the department of the Commonwealth in which the Veterans’ Entitlements Act 1986 (Cwlth) is administered. ‘(2) However, an applicant may only receive— (a) one concessional rebate under section 279; and (b) one concessional rebate under section 279A.’. (6) Schedule, section 282— insert— ‘(3) An application for assistance under the scheme must be received by the authority no later than 29 February 2012 if the applicant is seeking to satisfy the criteria stated in section 279A(2).’. (7) Schedule— insert— 2011 SL No. 21 Page 5

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] ‘Part 30 Special Disaster Floods (November 2010 to January 2011) Non-profit Organisations Assistance Scheme ‘Division 1 Preliminary ‘299 Objective of scheme ‘The objective of the scheme is to provide, under an agreement between the Commonwealth and the State of 16 February 2011, assistance to eligible entities that have suffered direct damage caused by the flood event. ‘300 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 the flood event. ‘(2) However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered as a result of the flood event. ‘301 Definitions for pt 30 ‘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 entity means a non-profit organisation eligible for assistance under the scheme. flood event means the floods, caused by heavy rains in Queensland between November 2010 and January 2011, that Page 6 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] 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 < 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 community. 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. 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 2011 SL No. 21 Page 7

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] 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) disaster area is published on the authority’s website at < scheme means the scheme set out in this part. ‘Division 2 General provisions for scheme ‘302 Nature of assistance ‘(1) The nature of the assistance under the scheme is the provision of a grant to help an eligible entity clean and restore its means for conducting its operations 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 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 the eligible entity’s operations; (b) engaging a person to clean premises or a property; (c) clearing or disposing of debris or damaged goods or materials; (d) repairing or restoring essential premises, including grounds, amenities and infrastructure; (e) repairing or reconditioning essential plant or equipment; (f) repairing or replacing fittings in buildings if repairing or replacing the fittings is essential to the immediate resumption of the eligible entity’s operations; Page 8 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] Example — repairing electrical wiring or replacing floor coverings (g) leasing temporary premises for the purpose of resuming the eligible entity’s operations; (h) engaging a person to conduct a safety inspection of premises; (i) paying wages to an employee of the eligible entity, if the payment is more than the wages that would ordinarily have been paid to the employee. ‘303 Applicant must not have applied for assistance under pt 29 ‘An applicant may not apply for assistance under the scheme if the applicant has applied for assistance under part 29. ‘304 Eligibility criteria ‘(1) An applicant is eligible for assistance under the scheme if— (a) the applicant is a non-profit organisation; and (b) the applicant’s means for conducting its operations have suffered direct damage as a result of the flood event; and (c) the applicant 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 conducting its operations when the area in which the applicant 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 its operations; and (g) the applicant can not repair or replace assets directly damaged as a result of the flood event from the applicant’s own resources without assistance under the scheme. 2011 SL No. 21 Page 9

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] ‘(2) However, an applicant is not eligible for assistance under the scheme for an item for which a claim is made in the application, if the applicant 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. ‘(3) 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. ‘305 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 306 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 means for conducting its operations. ‘(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 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 applicant’s means for conducting its operations. Page 10 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] ‘306 Financial hardship ‘(1) To demonstrate financial hardship for section 305(1)(b), an application for assistance must be accompanied by 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 conduct non-profit activities is in doubt because the applicant can not 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); and (ii) is a member of a professional association whose members normally provide financial advice; and (iii) is not an office holder in the applicant and is not otherwise associated with the applicant in any way; 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. 2011 SL No. 21 Page 11

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] ‘307 Amount of assistance ‘The maximum amount of assistance that may be given to an applicant under the scheme is $25000. Note — See section 309 for special circumstances in which an applicant may be given more than the stated maximum amount. ‘308 Conditions ‘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 means for conducting its operations 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. ‘309 Special provision for particular applications ‘(1) This section applies if— (a) an eligible entity operates more than 1 non-profit operation (each a separate operation ); and Page 12 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] (b) the authority is satisfied each separate operation would be an operation that continues to run autonomously (an eligible separate operation ) if other operations operated by the eligible entity ceased to operate. ‘(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 is eligible for assistance under the scheme. ‘(3) Despite section 307, the maximum amount of assistance that may be given for each eligible separate operation 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 operation; (b) the accounting and insurance arrangements of the separate operation; (d) whether the separate operation operates under its own trading name; (e) the financial independence and autonomy of the separate operation. ‘(5) Subsection (4) does not limit the matters to which the authority may have regard. ‘310 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 means for conducting its operations if the applicant receives, or is entitled to receive, an insurance amount to cover the costs. 2011 SL No. 21 Page 13

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] ‘(3) However, this section does not apply in relation to the first $5000 an applicant receives under the scheme for the non-profit organisation. ‘311 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. ‘(3) The authority may request that an applicant provide further relevant information required to decide the application. ‘312 Deciding applications ‘The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme. ‘Part 31 ‘Division 1 Floods (November 2010 to January 2011) and Tropical Cyclone Yasi Non-profit Organisations Assistance Scheme Preliminary ‘313 Objective of scheme ‘The objective of the scheme is to provide, under an agreement between the Commonwealth and the State of 16 Page 14 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] February 2011, assistance to eligible entities that have suffered direct damage caused by the disaster event. ‘314 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 the disaster event. ‘(2) However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered as a result of the disaster event. ‘315 Definitions for pt 31 ‘In this part— applicant means a person applying for financial assistance under the scheme. appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003 . disaster event means— (a) the floods, caused by heavy rains in Queensland between November 2010 and January 2011, that have affected the prescribed disaster area; or (b) Tropical Cyclone Yasi. eligible entity means a non-profit organisation eligible for assistance under the scheme. 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 < 2011 SL No. 21 Page 15

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] 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. 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. prescribed 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 disaster event; and (b) described in documents held by the authority and available for inspection by members of the public. Editor’s note — The documents describing the prescribed disaster area are published on the authority’s website at < scheme means the scheme set out in this part. ‘Division 2 General provisions for scheme ‘316 Nature of assistance ‘The nature of the assistance under the scheme is the provision of a concessional loan and a grant for re-establishing the normal operation of an eligible entity, including doing any of the following— (a) repairing or replacing damaged plant and equipment; Page 16 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] (b) repairing or restoring essential premises, including grounds, amenities and infrastructure; (c) supplying stock for up to 1 month to replace lost stock and maintain liquidity of the eligible entity. ‘317 Maximum loan and grant amounts ‘(1) Assistance under the scheme is by way of both a loan and a grant. ‘(2) The amount of loan and grant assistance for an applicant under the scheme— (a) is based on the authority’s assessment of the applicant’s financial position, including any amount recovered by the applicant under an insurance policy; and (b) must not be more than the amount of the net loss to the applicant caused by the disaster event. ‘(3) Subject to subsection (2)(b)— (a) the amount of loan assistance for an applicant under the scheme must not be more than $100000; and (b) the amount of grant assistance for an applicant under the scheme must not be more than $5000. ‘(4) The first $30000 or part of $30000 of assistance under the scheme must be in the ratio of loan to grant of 5:1. ‘318 Eligibility criteria ‘An applicant is eligible for assistance under the scheme if— (a) the applicant is a non-profit organisation; and (b) the applicant has suffered direct damage as a result of the disaster event; and (c) the applicant is located in the prescribed disaster area; and (d) the applicant can not repair or replace assets directly damaged as a result of the disaster event, or return to the 2011 SL No. 21 Page 17

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] applicant’s normal operations, from the applicant’s own resources without assistance under the scheme; and (e) the applicant has used all liquid assets and normal credit sources up to normal credit limits; and (f) the applicant has taken reasonable precautions to avoid or minimise loss or damage from the disaster event; and Example — the applicant has adequate insurance against loss or damage from the disaster event (g) the applicant is responsible for the cost of repairing or replacing the damaged assets; and (h) the applicant demonstrates the ability to repay the loan applied for. ‘319 Security ‘A loan under the scheme must be secured to the satisfaction of the authority. ‘320 Terms of repayment ‘(1) The maximum term of a loan to an applicant under the scheme is 7 years. ‘(2) However, the term of the loan may be increased to not more than 10 years if— (a) the loan has been operative for at least 4 years; and (b) the applicant demonstrates a financial need for the increase in the term of the loan. ‘(3) The applicant may be given a loan under the scheme at a concessional interest rate decided by the authority. Editor’s note — At the commencement of this section, the concessional interest rate for a loan under the scheme was 4% a year. Page 18 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] ‘321 Conditions ‘(1) Payment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3). ‘(2) The applicant must, if requested by the authority, from time to time provide evidence to the authority, in the form of tax invoices, official receipts for payment or bank statements, showing full details of the goods or services acquired, that all amounts claimed by the applicant under the scheme have been paid by the applicant. ‘(3) If an applicant asks for the authority’s consent to substitute a security for an existing security for the loan and the authority consents to the substitution, the applicant must pay to the authority— (a) the authority’s reasonable fee for giving the consent; and (b) any other reasonable costs of the authority in relation to the substitution. ‘322 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 31 October 2011. ‘(3) The authority may request that an applicant provide further relevant information required to decide the application. ‘323 Deciding applications ‘The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme. 2011 SL No. 21 Page 19

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] ‘Part 32 Floods (November 2010 to January 2011) and Tropical Cyclone Yasi (Extreme Damage) Assistance Scheme ‘Division 1 Preliminary ‘324 Objective of scheme ‘The objective of the scheme is to provide, under an agreement between the Commonwealth and the State of 16 February 2011, assistance to an eligible entity to pay the costs of re-establishing its normal operations arising out of direct extreme damage caused by the disaster event if the eligible entity is— (a) a primary producer whose primary production enterprise is essential to economic supply chains or regional employment; or (b) a business owner whose business is essential to economic supply chains or regional employment; or (c) a non-profit organisation. ‘325 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 extreme damage caused by the disaster event. ‘(2) However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered because of the disaster event. ‘326 Definitions for pt 32 ‘In this part— Page 20 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] applicant means a person applying for assistance under the scheme. appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003 . business means a business that— (a) is operating commercially in other than a primary production industry: and (b) holds an Australian Business Number; and (c) is registered under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth); and (d) is not a public company. business owner means— (a) a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a business; or (b) partners in a partnership, shareholders in a company or beneficiaries of a trust, who spend the majority of their labour on, and derive the majority of their income from, a business. disaster event means— (a) the floods, caused by heavy rains in Queensland between November 2010 and January 2011, that have affected the prescribed disaster area; or (b) Tropical Cyclone Yasi. eligible entity means any of the following eligible for assistance under the scheme— (a) a primary producer; (b) a business owner; (c) a non-profit organisation. extreme damage means damage to the assets of an entity to an extent that any prescribed assistance available to the entity is inadequate to provide reasonable prospects of the entity re-establishing viability or normal operations. 2011 SL No. 21 Page 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] 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 < 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) plays a significant role in supporting the local community. 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. prescribed assistance , available to an entity, means assistance available to the entity under— (a) part 11, 12, 29, 30, 31 or 33; or Page 22 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] (b) if the assistance is available to the entity under more than 1 of the parts—each part under which the assistance is available to the entity. prescribed 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 disaster event; and (b) described in documents held by the authority and available for inspection by members of the public. Editor’s note — The documents describing the prescribed disaster area are published on the authority’s website at < primary producer means— (a) a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or (b) partners in a partnership, shareholders in a company or beneficiaries of a trust, who spend the majority of their labour on, and derive the majority of their income from, a primary production enterprise. primary production enterprise means a business (within the ordinary meaning of the term) that— (a) involves primary production, including, for example, the agricultural, aquacultural, horticultural or pastoral industries; and (b) holds an Australian Business Number; and (c) is registered under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth). public company means a public company within the meaning of the Corporations Act. scheme means the scheme set out in this part. 2011 SL No. 21 Page 23

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] ‘Division 2 General provisions for scheme ‘327 Nature of assistance ‘The nature of the assistance under the scheme to an eligible entity is the provision of a concessional loan and a grant for— (a) repairing or replacing damaged plant and equipment; or (b) repairing or replacing buildings; or (c) supplying stock for up to 1 month to replace lost stock and maintain liquidity of the primary production enterprise, business or non-profit organisation; or (d) purchasing livestock to replace livestock lost in the disaster event; or (e) meeting requirements for carrying on production, including— (i) re-planting, restoring or re-establishing areas affected by the disaster event; or (ii) sustenance; or (iii) essential property operations; or (iv) paying rent or rates. ‘328 Application may be made in 1 capacity only ‘An applicant may apply for assistance under the scheme in only 1 of the following capacities— (a) primary producer; (b) business owner; (c) non-profit organisation. ‘329 Eligibility criteria—primary producer and business owner ‘An applicant is eligible for assistance under the scheme if— (a) the applicant is a primary producer or business owner; and Page 24 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] (b) the applicant has suffered direct extreme damage to a property, buildings, plant, equipment or stock as a result of the disaster event; and (c) the applicant’s primary production enterprise or business is located in the prescribed disaster area; and (d) the applicant has used all liquid assets and normal credit sources up to normal credit limits; and (e) the applicant has taken reasonable precautions to avoid or minimise loss or damage from the disaster; and Example — The applicant has adequate insurance against loss or damage from the disaster event. (f) with assistance under the scheme, the applicant has reasonable prospects of re-establishing the applicant’s primary production enterprise or business on a viable basis; and (g) the primary production enterprise or business is essential to economic supply chains or regional employment. ‘330 Eligibility criteria—non-profit organisation ‘An applicant is eligible for assistance under the scheme if— (a) the applicant is a non-profit organisation; and (b) the applicant has suffered direct extreme damage to a property, buildings, plant, equipment or stock as a result of the disaster event; and (c) the property, buildings, plant, equipment and stock were located in the prescribed disaster area at the time of the disaster event; and (d) the applicant has used all liquid assets and normal credit sources up to normal credit limits; and (e) the applicant has taken reasonable precautions to avoid or minimise loss or damage from the disaster; and 2011 SL No. 21 Page 25

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] Example — The applicant has adequate insurance against loss or damage from the disaster event. (f) the applicant is responsible for the cost of repairing or replacing the property, buildings, plant, equipment or stock; and (g) the applicant demonstrates the ability to repay the loan applied for. ‘331 Restriction on eligibility ‘A public company, whether acting alone or with another company, is not eligible for assistance under the scheme. ‘332 Maximum loan and grants amounts ‘(1) Assistance under the scheme is by way of both a loan and a grant. ‘(2) The maximum amount of assistance that may be given to an applicant under the scheme as a loan and a grant is $650000 inclusive of any amount received, or approved for receipt, by the applicant under part 11, 12 or 31 in relation to the disaster event. ‘(3) However, the maximum amount of the grant is the lesser of the following— (a) 25% of the total amount of the loan and grant; (b) $50000. ‘333 Security ‘A loan under the scheme must be secured by— (a) a mortgage over land or other assets satisfactory to the authority; and (b) any other security the authority considers necessary, including, for example, a bill of sale, crop lien, livestock mortgage or a fixed and floating charge. Page 26 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] ‘334 Terms of repayment ‘(1) The maximum term of a loan to an applicant under the scheme is 10 years. ‘(2) The applicant may be given a loan under the scheme at a concessional interest rate decided by the authority. Editor’s note — At the commencement of this section, the concessional interest rate for a loan under the scheme was 4% a year. ‘(3) For the first 2 years of the loan, no interest is charged on the loan and no loan principal repayments are required. ‘(4) Subject to subsection (5), principal and interest amounts to repay the loan within its approved term will be calculated from the start of the third year of the loan. ‘(5) The authority may grant to the applicant an interest only period of up to 2 years for the loan if the applicant satisfies the authority that the period is required. ‘335 Conditions ‘(1) Payment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3). ‘(2) The applicant must, if requested by the authority, from time to time provide evidence to the authority, in the form of tax invoices, official receipts for payment or bank statements, showing full details of the goods or services acquired, that all amounts claimed by the applicant under the scheme have been paid by the applicant. ‘(3) If an applicant asks for the authority’s consent to substitute a security for an existing security for the loan and the authority consents to the substitution, the person must pay to the authority— (a) the authority’s reasonable fee for giving the consent; and (b) any other reasonable costs of the authority in relation to the substitution. 2011 SL No. 21 Page 27

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] ‘336 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 31 October 2011. ‘(3) The authority may request that an applicant provide further relevant information required to decide the application. ‘337 Deciding applications ‘The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme. ‘Part 33 Special Disaster Tropical Cyclone Yasi Assistance Scheme ‘Division 1 Preliminary ‘338 Objective of scheme ‘The objective of the scheme is to provide, under an agreement between the Commonwealth and the State of 16 February 2011, assistance to eligible entities that have suffered direct damage caused by Tropical Cyclone Yasi. Page 28 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] ‘339 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 Tropical Cyclone Yasi. ‘(2) However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered because of Tropical Cyclone Yasi. ‘340 Definitions for pt 33 ‘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 entity means any of the following eligible for assistance under the scheme— (a) a primary producer; (b) a small business; (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 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 < 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 2011 SL No. 21 Page 29

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] (b) provides a benefit to the community. 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. prescribed Tropical Cyclone Yasi 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 Tropical Cyclone Yasi; 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 Tropical Cyclone Yasi 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. Page 30 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] scheme means the scheme under this part. small business see section 287. ‘Division 2 General provisions for scheme ‘341 Nature of assistance ‘(1) 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 or small business—clean and restore its primary production enterprise or small business that has suffered direct damage caused by Tropical Cyclone Yasi; or (b) if the eligible entity is a non-profit organisation—clean and restore the means for conducting its operations that have suffered direct damage caused by Tropical Cyclone Yasi. ‘(2) In particular, assistance is to be provided under the scheme to help an eligible entity that is a primary producer or small business 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; 2011 SL No. 21 Page 31

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] (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; Example — repairing electrical wiring or replacing floor coverings (i) repairing roads and 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 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; (n) engaging a person to conduct a safety inspection of premises; (o) paying wages to an employee of the eligible entity, if the payment is more than the wages that would ordinarily have been paid to the employee. ‘(3) Also, in particular, assistance is to be provided under the scheme to help an eligible entity that is a non-profit organisation 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 the eligible entity’s operations; (b) engaging a person to clean premises or a property; (c) clearing or disposing of debris or damaged goods or materials; (d) repairing or restoring essential premises, including grounds, amenities and infrastructure; Page 32 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] (e) repairing or reconditioning essential plant or equipment; (f) repairing or replacing fittings in buildings if repairing or replacing the fittings is essential to the immediate resumption of the eligible entity’s operations; Example — repairing electrical wiring or replacing floor coverings (g) leasing temporary premises for the purpose of resuming the eligible entity’s operations; (h) engaging a person to conduct a safety inspection of premises; (i) paying wages to an employee of the eligible entity, if the payment is more than the wages that would ordinarily have been paid to the employee. ‘342 Application may be made in 1 capacity only ‘An applicant may apply for assistance under the scheme in only 1 of the following capacities— (a) primary producer; (b) small business; (c) non-profit organisation. ‘343 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 Tropical Cyclone Yasi; and (c) the applicant’s primary production enterprise is located in the prescribed Tropical Cyclone Yasi disaster area; and (d) the applicant is primarily responsible for meeting the costs claimed in the application; and 2011 SL No. 21 Page 33

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] (e) the applicant was engaged in the primary production enterprise when the area in which the enterprise is located became part of the prescribed Tropical Cyclone Yasi disaster area; and (f) the authority is satisfied the applicant intends to re-establish the primary production enterprise. ‘344 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 Tropical Cyclone Yasi; and (c) the small business is located in the prescribed Tropical Cyclone Yasi disaster area; 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 in which the business is located became part of the prescribed Tropical Cyclone Yasi disaster area; and (f) the authority is satisfied the applicant intends to re-establish the small business. ‘345 Eligibility criteria—non-profit organisation ‘An applicant is eligible for assistance under the scheme if— (a) the applicant is a non-profit organisation; and (b) the applicant’s means for conducting its operations have suffered direct damage as a result of Tropical Cyclone Yasi; and (c) the applicant is located in the prescribed Tropical Cyclone Yasi disaster area; and Page 34 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 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 its operations when the area in which the applicant is located became part of the prescribed Tropical Cyclone Yasi disaster area; and (f) the authority is satisfied the applicant intends to re-establish its operations. ‘346 Restrictions on eligibility ‘(1) An applicant is not eligible for assistance under the scheme— (a) for loss of income as a result of Tropical Cyclone Yasi; or (b) for an item for which a claim is made in the application, if the applicant 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. ‘347 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 348 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 2011 SL No. 21 Page 35

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] scheme are needed for cleaning and restoring the applicant’s primary production enterprise, small business or means for conducting its operations. ‘(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. ‘348 Financial hardship ‘(1) To demonstrate financial hardship for section 347(1)(b), an application for assistance must be accompanied by 1 of the following— (a) if the applicant is a primary producer— (i) evidence that the applicant is the holder of a current health care card under the Social Security Act 1991 (Cwlth); or (ii) 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 primary production enterprise is in doubt because the applicant can not pay the amounts claimed; (b) if the applicant is a small business— (i) if 1 or more of the operators of the small business is an individual—evidence that the operator or at least 1 of the operators is the holder of a current health care card under the Social Security Act 1991 (Cwlth); or Page 36 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] (ii) 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 small business is in doubt because the applicant can not pay the amounts claimed; (c) if the applicant is a non-profit organisation—a certificate from a suitably qualified person stating that— (i) the applicant can not pay the amounts claimed in the application because of financial hardship; and (ii) the continuation of the applicant’s non-profit organisation is in doubt because the applicant can not 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); and (ii) is a member of a professional association whose members normally provide financial advice; and (iii) is not an office holder in the applicant and is not otherwise associated with the applicant in any way; 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 2011 SL No. 21 Page 37

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] Examples — accountant, bank manager, tax agent (ii) is a member of a relevant professional association. ‘349 Amount of assistance ‘The maximum amount of assistance that may be given to an applicant under the scheme is $25000. Note — See section 351 for special circumstances in which an applicant may be given more than the stated maximum amount. ‘350 Conditions ‘Payment of assistance under the scheme is subject to the following conditions— (a) an applicant must, until 31 October 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, small business or means for conducting its operations 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. Page 38 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] ‘351 Special provision for particular applications—primary producer or small business ‘(1) This section applies if— (a) an eligible entity is a primary producer or small business; and (b) the eligible entity operates more than 1 business or primary production enterprise (each a separate business ) at separate locations; and (c) 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 entity ceased to operate. ‘(2) The eligible 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 349, 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; (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. 2011 SL No. 21 Page 39

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] ‘352 Special provision for particular applications—non-profit organisations ‘(1) This section applies if— (a) an eligible entity operates more than 1 non-profit operation (each a separate operation ); and (b) the authority is satisfied each separate operation would be an operation that continues to run autonomously (an eligible separate operation ) if other operations operated by the eligible entity ceased to operate. ‘(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 is eligible for assistance under the scheme. ‘(3) Despite section 349, the maximum amount of assistance that may be given for each eligible separate operation 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 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. ‘353 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 Tropical Cyclone Yasi. Page 40 2011 SL No. 21

Rural and Regional Adjustment Amendment Regulation (No. 2) 2011 [s 4] ‘(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 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, small business or non-profit organisation. ‘354 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 31 October 2011. ‘(3) The authority may request that an applicant provide further relevant information required to decide the application. ‘355 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 17 March 2011. 2 Notified in the gazette on 18 March 2011. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Employment, Economic Development and Innovation. 2011 SL No. 21 Page 41

© State of Queensland 2011