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Terms and Conditions for Business Registration and Participation in the Small Business Fees and Charges Rebate Scheme

1. Application and acceptance of Terms and Conditions

1.1 The Department of Customer Service, Service NSW and Treasury are delivering the Small Business Fees and Charges Rebate Scheme ('the Scheme'). As part of the Scheme, a business can apply to receive a $1500 digital voucher that can be redeemed for payment of a rebate or rebates (up to a total value of $1500) for certain NSW Government fees and charges.

1.2 Payment of rebates 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 7.1 to 7.3 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 clauses 7.1 to 7.3 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 register to participate in the Scheme, a business agrees to be bound by these Terms and Conditions.

1.4 Additional information about the type of documentation and evidence required to apply for registration in the Scheme and for payments of rebates 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 fees and charges' means fees and charges that are not excluded from payment under clause 6.3.

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

'Registered Business' means a business that has been registered by Service NSW to participate in the Scheme and has received a Voucher.

'Scheme' means the Small Business Fees and Charges Rebate Scheme described in clause 1.1.

'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 Business Registration and Participation in the Scheme.

'Voucher' means a $1500 digital voucher provided to a Registered Business as part of the Scheme.

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. Registration

3.1 A business may be eligible to register to participate in the Scheme if it:

(a) has total Australian wages below the NSW Government 2020-21 payroll tax threshold of $1.2 million,

(b) has its own current and active Australian Business Number (ABN) registered,

(c) is physically located and operating in New South Wales,

(d) is registered for goods and services tax (GST) or if it is a not-for-profit organisation, the not-for-profit organisation must demonstrate that it has a turnover of more than $75,000, and

(e) has a valid bank account.

3.2 Notwithstanding any other provision in these Terms and Conditions, DCS and/or Service NSW may require additional information or clarification from a business applying for registration, or any additional information or clarification about the business from any other public entity or person, before determining whether the eligibility criteria in clause 3.1 have been satisfied and whether the application to register the business should be approved.

3.3 Information provided by a business in its application for registration 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.

3.4 Notwithstanding any other provision in these Terms and Conditions, DCS and/or Service NSW may refuse to register a business for any reason, including if the business does not meet the eligibility criteria in clause 3.1.

3.5 By applying to register, a business consents to:

(a) Service NSW, DCS and/or NSW Treasury disclosing personal information provided by the business to each other for the purposes of administering or reporting on the Scheme.

(b) Revenue NSW in the Department of Customer Service disclosing to Service NSW whether or not the business is registered for payroll tax and its total reported wages are below $1.2 million for 2019-20.

4. Conditions of registration

4.1 A Registered Business must:

(a) comply with the law at all times, including public health orders and COVID-19 restrictions,

(b) notify Service NSW immediately if the Registered Business ceases to trade, can no longer meet the eligibility criteria in clause 3.1, or can no longer comply with these Terms and Conditions.

4.2 A Registered Business may be audited or investigated by DCS and/or Service NSW to determine whether the Registered Business is complying with these Terms and Conditions. A Registered Business must provide any information or documentation that is reasonably required for the purpose of any such audit or investigation.

4.3 Notwithstanding any other provision in these Terms and Conditions, DCS and/or Service NSW may cancel or suspend a Registered Business's registration for any reason, including if the business ceases to meet the eligibility criteria in clause 3.1 or fails to comply with or satisfy any of these Terms and Conditions.

5. Voucher

5.1 A Registered Business will be issued a Voucher upon registration in the Scheme. This will be visible via the MyService for Business profile in the MyServiceNSW app. The Registered Business will be able to track the amount available on its Voucher within the app.

5.2 Each Registered Business may only be issued with one Voucher.

5.3 Each Voucher is valid from the date of issue until 11.59pm on 30 June 2022. Any amounts remaining on the Voucher cannot be redeemed from 12am on 1 July 2022.

6. Applications for payment of rebate

6.1 An application for payment of a rebate under the Scheme may be made by an owner of a Registered Business or a person authorised to apply on their behalf via the My Service for Business profile within the MyServiceNSW app.

6.2 A Registered Business can apply for multiple payments up to a total amount of $1500. Each application for payment must be supported by documentation set out in the guidelines on Service NSW's website.

6.3 A Registered Business may not apply for, and DCS, Service NSW and/or Treasury will not make, a payment of a rebate for:

(a) Fines and penalties

(b) Fees and charges in place that have the key purpose of discouraging or inducing behaviour changes (for example, parking space levies)

(c) Any fees, charges or other amounts paid or owing by the business to the Commonwealth government

(d) Rent on government premises, and

(e) NSW and Commonwealth Government taxes.

Refer to Appendix A of the guidelines for the Scheme on Service NSW's website, which contains a full list of excluded government fees and charges.

6.4 No payment of a rebate will be made to a business after the business has been de­-registered from the Scheme.

6.5 Notwithstanding any other provision in these Terms and Conditions, Service NSW, DCS and/or Treasury may require additional information or clarification from a Registered Business applying for payment of a rebate, or any additional information or clarification about the Registered Business from any other public entity or person, for the purpose of administering the scheme (including audits), subject to any applicable legal requirements.

7. Conditions for payment under the Scheme

7.1 All payments of a rebate to a Registered Business under the Scheme are made on the condition that:

(a) the Registered Business meets the eligibility criteria in clause 3.1 at the time when an application for payment of a rebate is made,

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

(c) a Registered Business complies with the law at all times, including public health orders and COVID-19 restrictions,

(d) the application for payment complied with the requirements in clause 6,

(e) the application for payment was made between the date of issue of the Voucher and 11.59pm on 30 June 2022,

(f) the Registered Business has not received more than one Voucher,

(g) if requested by DCS, Service NSW and/or Treasury, the Registered Business will provide evidence of the eligible·fees and charges incurred by the Registered Business and for which payment of a rebate is sought under the Scheme.

7.2 A Registered Business must take all reasonable steps to ensure that the conditions in clause 7.1 are or have been satisfied at all relevant times.

7.3 Upon receipt of payment of a rebate under the Scheme, a Registered Business declares that:

(a) to the best of its knowledge, the conditions in clause 7.1 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 7.1 are or have been satisfied.

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

8. Payments

8.1 Payment made under the Scheme will be credited to a Registered Business's bank account as identified in its registration details within 10 business days of an approved application.

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

9. Recovery of payments

9.1 If a Registered Business has received a payment under the Scheme and DCS, Service NSW and/or Treasury is satisfied that the conditions in clauses 7.1 to 7.3 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.

10. Suspension or termination of the Scheme

10.1 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, including the right to suspend or terminate the validity of Vouchers.

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

11. Limitation of Liability

11.1 To the extent permitted by law, DCS and Service 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 or any person arising directly or indirectly out of or in any way connected with the Scheme, including:

(a) the unavailability of Vouchers,

(b) any decision made to register or refuse to register a business to participate in the Scheme,

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

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

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

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

12. Indemnity

​​​​​​​12.1 A business agrees to indemnify and keep indemnified DCS and Service 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 business's application for registration and participation in the Scheme.

​12.2 A reference to 'business' in clause 12.1 includes a business that has applied for registration to participate in the Scheme, a Registered Business and a Registered Business that has had its registration cancelled or suspended.

13. Contact

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

14. General

14.1 Businesses are responsible for obtaining their own independent legal and financial advice regarding these Terms and Conditions.

15. Variation

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

​​​​​​​15.2 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.

16. Waiver

16.1 Failure by DCS or Service NSW to enforce any of their rights at any stage does not constitute a waiver of those rights.

17. Severability

17.1 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.

18. Governing Law

18.1 These Terms and Conditions shall be governed by and must be interpreted in accordance with the laws of NSW. A business, DCS and Service NSW submit to the exclusive jurisdiction of the Courts of NSW and any Court competent to hear appeals from those Courts.

19. Survival

19.1 Clauses 9, 11 and 12 contain continuing obligations and will survive termination of these Terms and Conditions.