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1. Application and acceptance of Terms and Conditions

1.1 The Department of Customer Service, Service NSW and NSW Treasury are delivering the Northern Beaches Small Business Hardship Scheme ('the Scheme'). Under the Scheme, small businesses and not-for-profit organisations impacted by the Northern Beaches Public Health Order in the period from 19 December 2020 to 10 February 2021 can apply for a one-off payment to help meet unavoidable business costs incurred during that period. These costs may include, but are not limited to, the following:

(a) unavoidable business operating expenses, such as utilities or rent,

(b) financial, legal or other advice to support business continuity planning,

(c) marketing and communications activities, and

(d) other activities to support the operation of the business.

1.2 Payments made under the Scheme will be made as act of grace payments under section 5.7(1) of the Government Sector Finance Act 2018 ('GSF Act'). The conditions in clause 4.1 are conditions that will be imposed by the Minister for Customer Service or his delegate on the making of the payment under section 5.7(2) of the GSF Act. If any of the conditions in clause 4.1 are contravened, the payment may be recovered from the recipient by the Crown in a court of competent jurisdiction as a debt due to the Crown pursuant to section 5.7(3) of the GSF Act.​​​​​​

1.3 By applying to receive a payment under Scheme, small businesses and not-for-profit organisations agree to be bound by these Terms and Conditions.

1.4 Additional information about the type of documentation and evidence required to apply for payments under the Scheme is available on the Service NSW website.

2. Definitions and interpretation

2.1 In these Terms and Conditions, unless the context otherwise requires:

'DCS' means the Department of Customer Service.

'Eligible Expenses' are costs that a small business or not-for-profit organisation incurred in meeting unavoidable business costs from 19 December 2020. Eligible Expenses include (but are not limited to) the items in clause 1.1(a) to (d) of these Terms and Conditions and the guidelines for the Scheme on Service NSW's website.

'Employee' means an individual employed by the business and included in the payroll. An employee is someone who the business makes payments to, subject to withholding for tax purposes, such as salary, wages or director fees.

'Full-time Employee' means an individual who ordinarily works for at least 35 hours each week for the small business.

'Full-time Equivalent (FTE)' employment is the total number of paid employee hours divided by the number of full-time employment hours. To calculate, divide the employee's hours by 35 to determine the FTE. For example, an employee scheduled to work 21 hours per week would be 0.6 FTE.

'GSF Act' means the Government Sector Finance Act 2018 (NSW).

'Non-employing Business' means a business owner who does not have employees. This may include a range of entity types, such as non-employing sole traders or any other businesses without employees.

'Not-for-profit organisation' means an organisation that is registered with the Australian Charities and Not-for-profits Commission (ACNC) or an equivalent state regulatory body and held that registration in the period from 19 December 2020 to 10 February 2021.

'Northern Beaches Public Health Order' refers to the Public Health (COVID-19 Northern Beaches) Order 2020 that commenced on 19 December 2020.

'Service NSW' means the Crown in the right of the State of NSW acting through Service NSW.

'Terms and Conditions' means these Terms and Conditions for participation in the Northern Beaches Small Business Hardship Scheme.

'Turnover' is the total ordinary income derived in the ordinary course of running a small business typically measured on an annual basis.

2.2 Unless the context requires otherwise, the singular includes the plural and vice versa, reference to a gender includes all genders, reference to 'person' includes a natural person, company, body corporate or other form of legal entity, and reference to 'including' and 'includes' and 'for example' is to read as if followed by 'without limitation'.

2.3 If a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.

3. Application to receive a payment under the Scheme

3.1 A small business or not-for-profit organisation can apply for a one-off payment of $3,000 (tier one) or $5,000 (tier two) via the MyServiceNSW Business Profile within the MyServiceNSW Account. An application may be made by:

(a) an owner of a small business or a person authorised to apply on their behalf, or

(b) a person authorised to apply on behalf of a not-for-profit organisation.

3.2 A small business or not-for-profit organisation may only apply for one payment of either $3000 (tier one) or $5000 (tier two), not both. A small business or not-for-profit organisation may only submit one application for payment under the Scheme.

3.3 A small business or not-for-profit organisation may be eligible for a $3000 (tier one) payment under the Scheme if it:

(a) is a business or a not-for-profit organisation with fewer than 20 FTE employees (this includes non-employing entities),

(b) has an Australian Business Number (ABN) registered in the Northern Beaches Local Government Area, or it can demonstrate it was, as at 1 December 2020, physically located and primarily operating in the Northern Beaches Local Government Area,

(c) experienced a decline in turnover of at least 30 per cent due to the Northern Beaches Public Health Order over a minimum two-week period from 19 December 2020 to 10 February 2021 compared to the same time last year,

(d) had total Australian wages below the NSW Government 2020-21 payroll tax threshold of $1,200,000 as at 1 July 2020,

(e) had an annual turnover of more than $75,000 as at 1 March 2020, and

(f) had unavoidable business costs, for which there was or is no other government support available.

3.4 A small business or not-for-profit organisation may be eligible for a $5000 (tier two) payment if it:

(a) meets the eligibility criteria for the $3000 (tier one) payment set out in clause 3.3 except for paragraph (c),

(b) experienced a decline in turnover of at least 50 per cent due to the Northern Beaches Public Health Order over a minimum two-week period from 19 December 2020 to 10 February 2021 compared to the time last year.

3.5 DCS and/or Service NSW may require a small business or not-for-profit organisation to provide evidence that they meet the eligibility criteria in clause 3.3(b). This evidence may include rates notices or lease agreements and any other evidence required under the guidelines for the Scheme on Service NSW's website. Where a rates notice or lease agreement is not available, DCS and/or Service NSW may accept one or more of the following:

(a) utility bills,

(b) insurance papers,

(c) supply invoices,

(d) registration papers,

(e) contractor licences.

3.6 Notwithstanding any other provision in these Terms and Conditions, DCS and/or Service NSW may require additional information or clarification from a small business or not-for-profit organisation or from any other public entity or person, before determining whether the eligibility criteria in clause 3.3 and, where relevant, clause 3.4 have been satisfied and whether the application should be approved.

3.7 Information provided by a small business or not-for-profit organisation in its application or otherwise in accordance with these Terms and Conditions must be true and correct. It is a serious offence to provide false or misleading information to a public authority.

3.8 A small business or not-for-profit organisation is not eligible to apply to receive payment under the Program if it has previously received a payment under this Program or under a previous program or scheme, and:

3.8.1 we (or another government agency in relation to this Program or a previous program or scheme) have sought to recover the whole or part of that previous payment as a debt due to the Crown pursuant to s. 5.7(3) of the GSF Act or otherwise, and

3.8.2 the amount sought has not been repaid.

3.9 Notwithstanding any other provision in these Terms and Conditions, DCS and/or Service NSW may refuse to progress an application for any reason, including if the small business or not-for-profit organisation does not meet the eligibility criteria in clause 3.3 and, where relevant, clause 3.4.

3.10 By applying to receive a payment under the Scheme, a small business or not-for-profit organisation consents to:

(a) Service NSW, DCS and/or NSW Treasury disclosing personal information provided by the small business or not-for-profit organisation to each other for the purposes of administering or reporting on the Scheme,

(b) Revenue NSW in DCS disclosing to Service NSW whether or not a small business or not-for-profit organisation is registered for payroll tax and its total reported wages are below $1.2 million for 2019-20.

3.11 A small business or not-for-profit organisation may not apply, and an application will not be approved, for payment for an item excluded under the guidelines for the Scheme on Service NSW's website.

​​​​​4. Conditions for payment under the Scheme

4.1 All payments to a small business or not-for-profit organisation under the Scheme are made on the condition that:

(a) the small business or not-for-profit organisation meets the eligibility criteria in clause 3.3, and, where relevant, in clause 3.4 at the time when an application for payment is made,

(b) the small business or not-for-profit organisation has consented to Revenue NSW in DCS disclosing to Service NSW whether the small business or not-for-profit organisation is registered for payroll tax and its total reported wages is below $1.2 million for 2019-20,

(c) a small business or not-for-profit organisation complies with the law at all times, including public health orders and COVID-19 restrictions,

(d) the application for payment complies with the requirements in clauses 3.1. 3.2, 3.5 and 3.8,

(e) the application for payment is made before 11.59pm on 11 June 2021, and

(f) if requested by Service NSW and/or NSW Treasury, the small business or not-for-profit organisation provides evidence of the Eligible Expenses for which a payment is sought under the Scheme.

4.2 A small business or not-for-profit organisation must take all reasonable steps to ensure that the conditions in clause 4.1 are or have been satisfied at all relevant times.

4.3 Upon receipt of payment, a small business or not-for-profit organisation declares that:

(a) to the best of its knowledge, the conditions in clause 4.1 are or have been satisfied at all relevant times, and

(b) it took and will take all reasonable steps to ensure that the conditions in clause 4.1 are satisfied.

4.4 Notwithstanding any other provision in these Terms and Conditions, DCS, Service NSW and/or NSW Treasury may take civil and/or criminal action (where appropriate), including referral to NSW Police, where DCS, Service NSW and/or NSW Treasury reasonably suspect that business has failed to comply with the law or these Terms and Conditions.

4.5 A small business or not-for-profit organisation must notify Service NSW immediately if the small business or not-for-profit organisation ceases to trade, can no longer meet the eligibility criteria in clause 3, or can no longer comply with these Terms and Conditions.

4.6 A small business or not-for-profit organisation must retain for 5 years all tax invoices, official receipts, bank statements or other records that demonstrate how payments made under the Scheme have been applied by the small business or not-for-profit organisation.

4.7 A small business or not-for-profit organisation may be audited or investigated by DCS and/or Service NSW to determine whether it is complying with these Terms and Conditions. A small business or not-for-profit organisation must provide any information or documentation that is reasonably required for the purpose of any such audit or investigation.

4.8 A small business or not-for-profit organisation consents to being contacted by DCS, Service NSW and/or NSW Treasury for a period of 12 months after receiving a payment under the Scheme for the purposes of reporting on and evaluating the Scheme. A small business or not-for-profit organisation agrees to provide any information that is reasonably required under this clause.

​​​​​​​5. Payments

5.1 Payment made under the Scheme will be credited to a small business or not-for-profit organisation’s valid bank account (as identified in its application) within 10 business days of an approved application.

5.2 Payments made in accordance with this clause will be made as act of grace payments under section 5.7(1) of the GSF Act.

6. Recovery of payments

6.1 If a small business or not-for-profit organisation has received a payment under the Scheme and DCS, Service NSW and/or NSW Treasury is satisfied that the conditions in clause 4.1 were, or have been, contravened, the payment or part of the payment may be recovered from the business by the Crown in a court of competent jurisdiction as debt due to the Crown, pursuant to section 5.7(3) of the GSF Act.

7. Suspension or termination of the Scheme

​​​​​​​7.1 Notwithstanding any other provision in these Terms and Conditions, DCS and Service NSW reserve the right to suspend or terminate the entirety or any part of the Scheme at any time.

​​​​​​​7.2 Any action taken to suspend or terminate the Scheme will be notified on the Service NSW website.

8. Limitation of Liability

​​​​​​​8.1 To the extent permitted by law, DCS, Service NSW and NSW Treasury (including their officers, employees and agents) will not be liable for any direct, indirect, incidental, special or consequential loss or damage or for any death, illness, personal injury, financial loss or property damage however caused (including by negligence) which may be suffered or incurred by a business, organisation or any person arising directly or indirectly out of or in any way connected with the Scheme, including:

(a) any decision to make or refuse to make a payment under the Scheme, including on the basis that funds are unavailable,

(b) the fraudulent application for payments made under the Scheme,

(c) any breach of these Terms and Conditions, and/or

(d) any decision to suspend or terminate the entirety or any part of the Scheme.

9. Indemnity

​​​​​​​9.1 A small business or not-for-profit organisation agrees to indemnify and keep indemnified DCS, Service NSW and NSW Treasury (including their officers, employees and agents) from and against any liability or loss (including reasonable legal costs and expenses), which may be suffered or incurred by any of those indemnified by reason of or in connection with the small business's or not-for-profit organisation’s participation in the Scheme.

10. Contact

10.1 Any enquiry or complaint is to be directed to Service NSW via NSW Service Centres or by calling 13 77 88.

11. General

11.1 Small businesses and not-for-profit organisations are responsible for obtaining their own independent legal and financial advice regarding these Terms and Conditions.

12. Variation

​​​​​​​12.1 DCS, Service NSW and NSW Treasury reserve the right to amend, vary, delete or supplement these Terms and Conditions at any time.

​​​​​​​12.2 These Terms and Conditions, as amended, varied, deleted or supplemented from time to time, apply to any future version of, or update to, the IT system that supports the delivery of the Scheme.

13. Waiver

13.1 Failure by DCS, Service NSW and/or NSW Treasury to enforce any of their rights at any stage does not constitute a waiver of those rights.

14. Severability

14.1 If any term in these Terms and Conditions is prohibited, void, voidable, illegal or unenforceable for any reason whatsoever, then that part is severed from these Terms and Conditions but without affecting the continued operation of the remaining Terms and Conditions.

15. Governing Law

15.1 These Terms and Conditions shall be governed by and must be interpreted in accordance with the laws of NSW. A small business, not-for-profit organisation, DCS, Service NSW and NSW Treasury submit to the exclusive jurisdiction of the Courts of NSW and any Court competent to hear appeals from those Courts.

16. Survival

16.1 Clauses 6, 8 and 9 contain continuing obligations and will survive termination of these Terms and Conditions.