Rural and Regional Adjustment Amendment Regulation (No. 3) 2005 (Qld)

Queensland Rural and Regional Adjustment Amendment Regulation (No. 3) 2005 Subordinate Legislation 2005 No. 60 made under the Rural and Regional Adjustment Act 1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 8 (Approval of Citrus Industry Recovery Scheme) ....................................... 2 4 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 8A Approval of FarmBis Program Scheme . . . . . . . . . . . 2 5 Amendment of schedule (Citrus Industry Recovery Scheme) . . . 2 13 Definitions for schedule, pt 2 . . . . . . . . . . . . . . . . . . . 3

s1 2 s5 Rural and Regional Adjustment Amendment Regulation (No. 3) 2005 No. 60, 2005 1 Short title This regulation may be cited as the Rural and Regional Adjustment Amendment Regulation (No. 3) 2005 . 2 Regulation amended This regulation amends the RuralandRegionalAdjustmentRegulation 2000. 3 Amendment of s 8 (Approval of Citrus Industry Recovery Scheme) Section 8, after ‘schedule’— insert— ‘, part 1,’. 4 Insertion of new s 8A Part 3, after section 8— insert— ‘8A Approval of FarmBis Program Scheme ‘The FarmBis Program Scheme set out in the schedule, part 2, is approved.’. 5 Amendment of schedule (Citrus Industry Recovery Scheme) (1) Schedule, heading— omit, insert— ‘Schedule Approved assistance schemes’. (2) Schedule, before section 1— insert—

s5 3 s5 Rural and Regional Adjustment Amendment Regulation (No. 3) 2005 No. 60, 2005 ‘Part 1 Citrus Industry Recovery Scheme’. (3) Schedule, section 1, heading— omit, insert— ‘1 Definitions for schedule, pt 1’. (4) Schedule, section 1, ‘In this schedule’— omit, insert— ‘In part 1 of this schedule’. (5) Schedule, after section 12— insert— ‘Part 2 FarmBis Program Scheme ‘13 Definitions for schedule, pt 2 ‘In part 2 of this schedule— approved costs means costs approved by the authority that are— (a) associated with eligible participants taking part in learning activities; and (b) based on the costs of a learning activities provider delivering learning activities. eligible participant see section 14. indigenous land manager see section 14(b). learning activities see section 15. learning activities provider means an entity carrying on the business of delivering learning activities to eligible participants. primary producer see section 14(a). primary production business enterprise means any of the following— (a) a business carried on within the State in the agricultural, apicultural, aquacultural, horticultural or pastoral industries;

s5 4 s5 Rural and Regional Adjustment Amendment Regulation (No. 3) 2005 No. 60, 2005 (b) the fishing and harvesting for commercial purposes of marine and freshwater species, caught in their natural environment from a wild population, carried on by— (i) a business registered in the State; or (ii) a corporation whose registered office is in the State; or (iii) an individual who is resident in the State; (c) the taking for commercial purposes of wild fauna from its natural environment within the State. properly made application see section 24(4). rural land manager see section 14(c). ‘14 Who is an eligible participant ‘An eligible participant is any of the following— (a) an individual (a primary producer ) who spends the majority of the individual’s labour on, and derives the majority of the individual’s income from, a primary production business enterprise; (b) an individual (an indigenous land manager ) who is involved in the management decisions of land within the State that is zoned for rural purposes if the land is owned, managed, controlled or operated by— (i) an indigenous community or trust; or (ii) an Aborigine or Torres Strait Islander; (c) an individual (a rural land manager ) who owns or manages the natural resources of land within the State if the land— (i) has an area of at least 2 ha; and (ii) is zoned for rural or rural residential purposes.

s5 5 s5 Rural and Regional Adjustment Amendment Regulation (No. 3) 2005 No. 60, 2005 ‘15 Purpose of scheme ‘The purpose of assistance under the scheme is to encourage participation by eligible participants in structured learning processes ( learning activities ) that are designed— (a) to increase the adoption of management practices that lead to greater sustainability of natural resources and improved profitability or competitiveness; or (b) if the eligible participant is a primary producer—to enhance the participant’s ability— (i) to manage effectively change and risk; and (ii) to benefit from the adoption of innovation and best practice management techniques; or (c) if the eligible participant is an indigenous land manager—to improve the participant’s business practices and ability to manage land zoned for rural purposes; and (d) if the eligible participant is a rural land manager—to improve the participant’s ability to manage natural resources. ‘16 Type of assistance ‘The assistance available under the scheme is a contribution to the approved costs of an eligible participant taking part in learning activities. ‘17 Principles for delivering learning activities ‘(1) The main focus of the scheme is on maximising educational outcomes for eligible participants by adopting a best practice approach to the delivery of learning activities. ‘(2) A best practice approach to the delivery of learning activities includes ensuring the following— (a) the learning activities are not long-term; (b) the entity delivering the learning activities is the best learning activities provider available;

s5 6 s5 Rural and Regional Adjustment Amendment Regulation (No. 3) 2005 No. 60, 2005 (c) competition between learning activities providers is encouraged. ‘(3) The learning activities delivered under the scheme by learning activities providers must— (a) be driven by demand from eligible participants; and (b) give eligible participants flexible options to best meet their needs; and (c) encourage eligible participants to adopt a strategic, planned approach to learning; and (d) be given on a competitive basis, taking into account the following— (i) value for money; (ii) the suitability of learning activities providers to deliver learning activities; (iii) learning activities that promote best practice in eligible participants’ businesses; and (e) involve a transfer of skills and knowledge from providers to eligible participants; and (f) use strategies for learning that are suited to adult learners. ‘(4) Procedures to identify the learning needs of eligible participants, or a group of eligible participants in a particular industry, must be consistent with the priorities and program framework identified by the Commonwealth and States under the scheme. ‘(5) It is expected that learning activities may, if appropriate, be linked to industry competency standards— (a) to achieve recognition of skills, achievements and qualifications of eligible participants taking part in the activities; and (b) to facilitate the portability of accreditation for the activities. ‘(6) Institutions delivering formal education will be encouraged to apply a flexible approach to accrediting a variety of learning

s5 7 s5 Rural and Regional Adjustment Amendment Regulation (No. 3) 2005 No. 60, 2005 activities that meet the industry competency standards mentioned in subsection (4). ‘(7) Eligible participants must, to show their commitment to learning, pay a part of the approved costs of learning activities in which they take part. ‘18 Restrictions on giving assistance ‘(1) Assistance under the scheme must not be given to pay the costs, or part of the costs, incurred by an eligible participant— (a) for taking part in any of the following— (i) ongoing secondary or tertiary education; (ii) conferences, study tours or other similar activities that do not have clearly defined learning outcomes; (iii) ongoing group mentoring; (iv) educational activities that have a primary focus on technical or operational training; (v) educational activities undertaken to satisfy regulatory or statutory requirements; (vi) educational activities subsidised by other government programs or agencies, although special consideration may be given if the individual receiving the subsidy is an Aborigine or Torres Strait Islander; (vii) if the Minister makes a determination that assistance may not be given for taking part in particular educational activities—the activities; or (b) for receiving professional advice and services, including an individual consultation, other than if the advice or service is removing a barrier to the participant’s taking part in learning activities; or Example of a barrier to an eligible participant’s taking part in learning activities — eligible participant has a non-English speaking background

s5 8 s5 Rural and Regional Adjustment Amendment Regulation (No. 3) 2005 No. 60, 2005 (c) for buying goods that are not an integral part of the learning activity. Example — computer software ‘(2) However, assistance may be given under the scheme for the costs of establishing group mentoring and for the initial development cycle of the group. ‘19 Eligibility criteria ‘(1) For an applicant to be eligible to receive assistance under the scheme— (a) the applicant must— (i) be an eligible participant; and (ii) show the assistance for which the applicant applies is to pay the approved costs of the learning activities; and (b) the authority must be satisfied the proposed learning activities— (i) are consistent with the purpose of the scheme and the principles for the delivery of the learning activities; and (ii) are likely to enhance the profitability, competitiveness or sustainability of the applicant’s business; and (iii) have expected outcomes that are measurable and sustainable; and (iv) are cost effective; and (v) have a strategy to evaluate the effectiveness of the learning; and (vi) if the applicant is a rural land manager—have a primary focus of managing natural resources. ‘(2) For subsection (1)(b)(iv), whether the learning activities are cost effective is measured by taking into account the following—

s5 9 s5 Rural and Regional Adjustment Amendment Regulation (No. 3) 2005 No. 60, 2005 (a) the number of eligible participants proposing to take part in the learning activities; (b) the nature and extent of the learning activities to be supplied; (c) the expected measurable outcomes of the learning activities; (d) the total cost of delivering the learning activities. ‘20 Determinations by Minister ‘(1) The Minister must publish determinations made under this scheme on the scheme’s website. 1 ‘(2) In this schedule, a reference to a determination includes a reference to a determination as amended. ‘21 Amount of contribution to approved costs ‘(1) The nature of assistance that may be given under the scheme is a contribution to the approved costs of taking part in learning activities. ‘(2) The assistance may be given only for 1 financial year. ‘(3) The amount of the contribution to an applicant that the authority may make is decided on the basis of the approved costs for the proposed learning activities, taking into account the following— (a) the cost effectiveness of the learning activities; (b) the removal of barriers to access learning activities; (c) the transparency of the true cost of supplying the learning activities; (d) the need to ensure that in the future the applicant accepts greater responsibility for the applicant’s long-term learning and educational needs; 1 The address of the FarmBis website at the commencement of this part is < s 5 10 s 5 Rural and Regional Adjustment Amendment Regulation (No. 3) 2005 No. 60, 2005 (e) the rate of the contribution for the proposed learning activities; (f) if the Minister makes a determination that other matters must be taken into account—the other matters. ‘(4) The rate of the contribution— (a) is the rate applying on the day the relevant properly made application is approved by the authority; and (b) may vary according to the category of the learning activities proposed to be undertaken. ‘(5) The Minister may make a determination about the rate of the contribution for each category of learning activities. ‘22 Maximum and minimum contribution amounts ‘(1) The Minister may make a determination about the following that may be paid to an applicant each year under the scheme— (a) the maximum contribution to the applicant’s approved costs; and (b) the minimum contribution to the applicant’s approved costs. ‘(2) However, the maximum contribution must not be greater than 65% of the approved costs. ‘(3) A contribution to an applicant’s approved costs may be made only if the authority decides the approved costs of the proposed learning activities is greater than the minimum contribution. ‘23 Applications ‘(1) An application for assistance under the scheme— (a) must be made on the application form approved by the authority; and (b) may only be made— (i) by an eligible participant; or

s 5 11 s 5 Rural and Regional Adjustment Amendment Regulation (No. 3) 2005 No. 60, 2005 (ii) on behalf of a group of eligible participants by a learning activities provider who is proposing to deliver learning activities to the participants; and (c) must be lodged with the authority. ‘(2) The authority assesses properly made applications in the order in which they are received. ‘(3) Applications must be made on or before 31 March 2008. ‘24 Deciding applications ‘(1) The authority must consider and decide to approve or refuse to approve each application for assistance. ‘(2) The authority must refuse to approve an application for assistance if the applicant is, on the commencement of this section, taking part or has taken part in the learning activities for which the application is made. ‘(3) If the application is not a properly made application, the authority must— (a) refuse to approve the application; and (b) return the application form to the applicant. ‘(4) An application is a properly made application if the authority is satisfied the applicant has provided sufficient information to decide the application. ‘(5) A learning activities provider applying on behalf of a group of eligible participants must show the provider has the appropriate ability and experience to deliver learning activities to the rural sector. ‘(6) The authority must refuse to approve an application for assistance if the allocation of funding by the Commonwealth is exhausted. ‘25 Terms and conditions ‘(1) The terms and conditions applying under this scheme for an eligible participant, or a group of eligible participants, to receive assistance include—

s 5 12 s 5 Rural and Regional Adjustment Amendment Regulation (No. 3) 2005 No. 60, 2005 (a) unless the authority decides otherwise, requiring the relevant learning activities— (i) to start within 3 months after approval of the application; and (ii) to finish on or before 30 June 2008; and (b) requiring each of the eligible participants to give the authority an evaluation of the learning activities; and (c) requiring an undertaking from each of the eligible participant and the relevant learning activities provider to take part in any surveys, program research or evaluation the State or Commonwealth decides; and (d) any other terms and conditions decided by the authority. ‘(2) The authority may require that the relevant learning activities provider gives the authority an attendance record of the eligible participants taking part in the learning activities. ‘(3) The attendance record must be in sufficient detail to identify each of the eligible participants and the locality of the participant’s business. ‘(4) If the authority makes a decision under subsection (1)(d), the authority must give each eligible participant and learning activities provider affected by the decision written notice of the other terms and conditions. ‘26 Payment ‘(1) This section applies to the authority making payments under the scheme to an eligible participant or a learning activities provider. ‘(2) If the applicant for assistance is an eligible participant, the authority may make a payment to the participant for the relevant learning activities if the participant— (a) gives the authority— (i) evidence of payment of part of the approved costs of the learning activities; and

s 5 13 s 5 Rural and Regional Adjustment Amendment Regulation (No. 3) 2005 No. 60, 2005 (ii) a completed evaluation form for the learning activities; and (b) satisfies the authority that the participant has complied with— (i) the terms and conditions applying to the participant under the scheme; and (ii) the other terms and conditions decided by the authority. ‘(3) If the applicant for assistance is a learning activities provider applying on behalf of a group of eligible participants, payment may be made to the provider for the relevant learning activities if the provider— (a) gives the authority— (i) evidence of payment by each eligible participant of part of the approved costs of the learning activities; and (ii) an evaluation form for the learning activities that has been completed by each eligible participant; and (b) satisfies the authority that the provider has complied with— (i) the terms and conditions applying to the provider under the scheme; and (ii) the other terms and conditions decided by the authority. ‘(4) Unless the authority decides otherwise, requests for payment for assistance under the scheme must be made— (a) within 6 months after the application for assistance is approved; and (b) on or before 31 July 2008.’.

14 Rural and Regional Adjustment Amendment Regulation (No. 3) 2005 No. 60, 2005 ENDNOTES 1 Made by the Governor in Council on 14 April 2005. 2 Notified in the gazette on 15 April 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Primary Industries and Fisheries. © State of Queensland 2005