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1. Application and acceptance of Terms and Conditions

1.1. The Department of Customer Service, Service NSW and Department of Regional NSW are delivering the NSW Mouse Control Program – Rebate (Household/Small Business) ('the Scheme'). Under the Scheme, individual households, small businesses, primary producers and not-for-profit organisations impacted by the Regional NSW Mouse Plague in the period from 1 February 2021 can apply for a one-off payment to help meet unavoidable costs incurred during that period. These costs may include, but are not limited to, the following:

(a) purchase of mouse baits;

(b) purchase of mouse traps;

(c) purchase of cleaning materials; and

(d) pest control and/or cleaning services.

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 the Scheme, individual households, small businesses, primary producers 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 an individual household, small business (including primary producers) or not-for-profit organisation incurred in meeting unavoidable costs from 1 February 2021. 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).

Individual means an applicant applying for a household application and can either be a tenant, an owner occupier or a landlord.

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 before 1 February 2021.

Primary Producer refers to an individual, partnership, trust or company operating a primary production business if they undertake plant or animal cultivation, fishing or pearling, tree farming or felling.

Regional NSW Mouse Plague refers to the mouse plague that has occurred in parts of Regional NSW in the period from 1 February 2021.

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

Small business – see definition in clause 3.5.

Terms and Conditions means these Terms and Conditions for participation in the Mouse Control Program Rebate Scheme.

3. Application to receive a payment under the Scheme

3.1. Individual households, small businesses, primary producers and not-for-profit organisations can apply for a single one-off payment of up to $500 (households) or up to $1,000 (small businesses, primary producers or not-for-profits) via the MyServiceNSW Account and MyServiceNSW Business Profile.

3.2. An application may be made by:

(a) a tenant;

(b) an owner occupier;

(c) a landlord;

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

(e) a primary producer or a person authorised to apply on their behalf; or

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

3.3. A tenant, owner occupier or landlord may apply for a one-off payment of up to $500 under the Scheme if:

(a) they are in one of the Local Land Services listed in the eligible regions as indicated on the Service NSW website,

(b) they have receipts for redeemable items as outlined in clause 1.1(a) to (d) of these Terms and Conditions with a date of purchase on or after Monday, 1 February 2021,

(c) their MyServiceNSW Account or MyServiceNSW Business Profile has not already been used to receive a payment under the Scheme, and

(d) their bank account has not already been nominated to receive a payment under the Scheme.

3.4. A tenant, owner occupier or landlord may only submit one application per premises for payment under the Scheme. Applicants may submit multiple receipts for one application, either online or in person through Service NSW.

3.5. A small business or not-for-profit organisation may apply for a one-off payment of up to $1,000 payment under the Scheme if:

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

(b) it has an Australian Business Number (ABN) registered as of 13 May 2021,

(c) it can demonstrate it was physically located and operating in one of the Local Land Services regions as indicated in clause 3.3 on the Service NSW website as of 13 May 2021,

(d) it has receipts for redeemable items as outlined in clause 1.1(a) to (d) of these Terms and Conditions with a date of purchase on or after Monday, 1 February 2021. Applicants may submit multiple receipts for one application, either online or in person through Service NSW,

(e) its MyServiceNSW Business Profile has not already been used to receive a payment under the Scheme, and

(f) its bank account has not already been nominated to receive a payment under the Scheme.

3.6. DCS and/or Service NSW may require a small business, primary producer or not-for-profit organisation to provide evidence that they meet the eligibility criteria in clause 3.5(c). 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, or

(e) contractor licences.

3.7. Notwithstanding any other provision in these Terms and Conditions, DCS and/or Service NSW may require additional information or clarification from a small business, primary producer or not-for-profit organisation or from any other public entity or person, before determining whether the eligibility criteria in clause 3.5 (a) to (d) and, where relevant, clause 3.6 have been satisfied and whether the application should be approved.

3.8. Information provided by an individual, small business, primary producer 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.

3.9. An individual, small business, primary producer or not-for-profit organisation is not eligible to apply to receive payment under the Scheme if it has previously received a payment under this Scheme or under a previous program or scheme, and:

(a) 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

(b) the amount sought has not been repaid.

3.10. 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, primary producer or not-for-profit organisation does not meet the eligibility criteria in clause 3.3 and, where relevant, clause 3.5.

3.11. By applying to receive a payment under the Scheme, an individual, a small business, primary producer or not-for-profit organisation consents to:

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

3.12. An individual, small business, primary producer 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 an individual, small business, primary producer or not-for-profit organisation under the Scheme are made on the condition that:

(a) the individual meets the eligibility criteria in clause 3.2 and 3.3,

(b) the small business, primary producer or not-for-profit organisation meets the eligibility criteria in clause 3.5, and, where relevant, in clause 3.6 at the time when an application for payment is made,

(c) a small business, primary producer or not-for-profit organisation always complies with the law,

(d) the application for payment complies with the requirements in clauses 3.3, 3.4, 3.5 and 3.6,

(e) if requested by Service NSW and/or Regional NSW, the small business, primary producer 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, primary producer 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, primary producer 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 Regional NSW may take civil and/or criminal action (where appropriate), including referral to NSW Police, where DCS, Service NSW and/or Regional NSW reasonably suspect that individuals and businesses have failed to comply with the law or these Terms and Conditions.

4.5. A small business, primary producer or not-for-profit organisation must notify Service NSW immediately if the small business, primary producer or not-for-profit organisation ceases to trade, can no longer meet the eligibility criteria in clause 3.5 and 3.6, or can no longer comply with these Terms and Conditions.

4.6. An individual and small business, primary producer 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, primary producer or not-for-profit organisation must provide any information or documentation that is reasonably required for the purpose of any such audit or investigation.

4.7. An individual and small business, primary producer or not-for-profit organisation consents to being contacted by DCS, Service NSW and/or Regional NSW 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, primary producer 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 an individual, small business, primary producer or not-for-profit organisation’s valid bank account (as identified in the 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 an individual, small business, primary producer or not-for-profit organisation has received a payment under the Scheme and DCS, Service NSW and/or Regional NSW 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 Regional NSW (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. An individual, primary producer, small business or not-for-profit organisation agrees to indemnify and keep indemnified DCS, Service NSW and Regional NSW (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 individual’s, small business’s, primary producer’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. Individuals, small businesses, primary producers 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 Regional NSW 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 Regional NSW 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. An individual, small business, primary producer or not-for-profit organisation, DCS, Service NSW and Regional NSW 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.