Document ID: chunk:federal_register_of_legislation:C2007A00060:clause:1_10
Version: federal_register_of_legislation:C2007A00060
Segment Type: clause
Provision Reference: sch 1 cl 10
Character Range: 4320–6173

10  At the end of section 8A
Add:

Qualification—small business operators

 (5) A person is qualified for exceptional circumstances relief payment in respect of a period beginning on or after 7 November 2006 (the relevant period) if:
 (a) the person is an individual; and
 (b) throughout the relevant period:
 (i) the person carries on a small business in respect of which there is an ABN; and
 (ii) the person has a right or interest in the small business; and
 (iii) the person contributes a significant part of his or her labour and capital to the business; and
 (iv) the person derives a significant part of his or her income from the business; and
 (v) the person is an Australian resident; and
 (vi) the person is in Australia; and
 (c) during an earlier period of normal turnover, 70% or more of the gross income of the business was derived from the supply of goods or services to farmers for use in relation to farm enterprises; and
 (d) the farm enterprises were situated wholly or partly within an area that, throughout the relevant period, is covered by a declaration of exceptional circumstances (as referred to in paragraph 8(c) of the Rural Adjustment Act 1992); and
 (e) the gross income of the business has been significantly reduced because of the effect of the exceptional circumstances in relation to which the declaration was made on farm enterprises in that area.

Earlier period of normal turnover

 (6) An earlier period of normal turnover is:
 (a) a continuous period of 2 years within the 7 years immediately preceding the relevant period; or
 (b) if the business has not been carried on for a continuous period of 2 years within the 7 years immediately preceding the relevant period—the period during which the business has been carried on.

Note: The heading to subsection 8A(1) is altered by adding at the end "—farmers".