Document ID: chunk:federal_register_of_legislation:C2008A00039:clause:1_4
Version: federal_register_of_legislation:C2008A00039
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 1876–3918

4  At the end of section 8A
Add:

Qualification—small business operators supplying farmers, farm enterprise workers, or their families

 (7) A person is qualified for exceptional circumstances relief payment in respect of a period beginning on or after 25 September 2007 (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
 (c) the business is situated wholly or partly within a town or locality that, throughout the relevant period, is covered by a determination made by the Minister under this paragraph; and
 (d) the town or locality is 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 farmers, farm enterprise workers, or their families.

Minister's determination

 (8) The Minister must not make a determination under paragraph (7)(c) in relation to a town or locality unless the Minister is satisfied that:
 (a) the population of the town or locality is 10,000 or less; and
 (b) the town or locality is substantially reliant on income derived from the supply of goods or services to farm enterprises, or to farmers, farm enterprise workers, or their families.

 (9) A determination made by the Minister under paragraph (7)(c) is not a legislative instrument.

Note: The heading to subsection 8A(5) is altered by adding at the end "supplying farm enterprises".