These terms and conditions relate to the $400 business support grant for Far West region October 2024.
1. Introduction
1.1 A one-off $400 grant is being offered to eligible businesses who have been impacted by the power outage storm the subject of natural disaster declaration AGRN 1149 titled “NSW Far West Region Storm from 17 October 2024 onwards.”
1.2 In relation to the grant, the NSW Government has issued guidelines titled “$400 Small-Medium Business Power Outage Support Grant – Far West Region Oct 2024” (“the Guidelines”).
1.3 Service NSW is administering the grant for the NSW Premier’s Department.
1.4 Grant payments will be made as act of grace payments under section 5.7(1) of the GSF Act. These Terms and Conditions and the Guidelines have been approved under section 5.7(2) of the GSF Act and a failure to abide by them may result in recovery of any grant payment under to section 5.7(3) of the GSF Act.
2. References in these Terms and Conditions
2.1 In these Terms and Conditions, unless the context otherwise requires:
(a) references to “we”, “our” or “us” refer to the Crown in right of the State of New South Wales acting through Service NSW or through another administrative unit or authority of the Crown in right of the State of New South Wales;
(b) references to “you”, “your” and “applicant” refer to you as the applicant for the grant payment under the Program;
(c) words or terms defined in clause 10 (Definitions) of the Guidelines, have the same meaning in these Terms and Conditions when beginning with capital letters in these Terms and Conditions;
(d) “GSF Act” means the Government Sector Finance Act 2018;
(e) “Guidelines” means the Guidelines referred to in clause 1.2 above;
(f) “Minister” means the Minister for Customer Service and Digital Government;
(g) “Terms and Conditions” means these Terms and Conditions and includes clause 1 (Introduction);
(i) a reference to:
(i) a word or expression in the singular form includes a reference to the word or expression in the plural form and vice versa;
(ii) a specific government entity includes its successor or replacement entity;
(iii) a statute, statutory provision or other law, includes any amendment, consolidation or replacements of such law;
(iv) a person, includes a natural person, body corporate or other legal person;
(v) “includes” and “including” and “for example” is to be read as if followed by the words “without limitation”; and
(vi) dollars or to “$” is a reference to Australian (AUD) dollars.
3. Relationship of these Terms and Conditions and the Guidelines
3.1 These Terms and Conditions must be read in conjunction with the Guidelines which are incorporated into and form a part of these Terms and Conditions.
3.2 We may vary these Terms and Conditions and the Guidelines from time to time. The current Guidelines are available on the Service NSW website. However, the version of the Terms and Conditions and of the Guidelines that apply to your application and to any payment that may be made if your application is successful will be the version of the Terms and Conditions and of the Guidelines that were published on the Service NSW website at the time we receive your application.
3.3 If you apply for a grant under the Program, you agree to be bound by the Terms and Conditions and the Guidelines applicable at the time of your application, and if your application is successful, to continue to be bound by those applicable Terms and Conditions and the Guidelines, except to the extent, if any, that dispensation has expressly been given by us in writing.
3.4 Where an application for a grant is made by an Eligible Applicant, if made by an individual on behalf of the eligible small to medium business that is the Eligible Applicant, the person making the application warrants that they are authorised by the Eligible Applicant to make the application and must provide proof that they are so authorised when lodging an application, unless otherwise advised by us, in writing, that this is not required.
4. The Program
4.1 Unless varied by us, applications for the Program will be accepted from 7 November 2024 and will close on 31 March 2025.
4.2 Notwithstanding any other terms in these Terms and Conditions or in the Guidelines, we may, at any time, vary, suspend or terminate the Program, in full or in part.
4.3 Details about the Program are set out in the Guidelines, including eligibility to apply, the Impacted Area, how the grant funding may be used, how to apply and how applications are processed.
5. Your Application
5.1 In order to apply for a grant under the Program, you must be an Eligible Applicant by being a business which satisfies the eligibility criteria set out in clause 4.1 of the Guidelines.
5.2 You must fully complete your application and submit all documentation and evidence supporting your application as required by the Guidelines. A failure to so may lead to your application being rejected.
5.3 All information provided in your application must be true and correct. If you provide false or misleading information you, and or your agents, may be committing a criminal offence including under the Crimes Act 1900 (NSW).
5.4 You application must be submitted via:
(a) in person at a Service NSW Centre, Mobile Service Centre or any other centre authorised to receive applications under the Program, for example a Recovery Assistance Point; or
(b) your SNSW Business Profile via the MyServiceNSW Account on the Service NSW website or mobile application; or
(c) as otherwise may be notified by Service NSW on the Service NSW website.
5.5 You are responsible for all costs you may incur in connection with the Program including:
(i) in making your application; and
(ii) obtaining any legal, financial, taxation or other advice in relation to the Program, these Terms and Conditions, the Guidelines, your application and any grant payment.
6. Our discretion in relation to an Application
6.1 Notwithstanding any other provision in these Terms and Conditions or the Guidelines, the determination of whether you are eligible for a grant amount under the Program is made by us in our absolute discretion, and we may refuse your application under the Program for any reason.
6.2 Without limiting paragraph 6.1 immediately above, we may determine that you are not eligible to receive a grant under the Program if you have previously:
(a) applied for a grant under this Program and your application was rejected; or
(b) already received a grant under this Program; or
(c) previously received a grant under this Program or under another grant or scheme, and we have sought to recover the whole or part of that previous payment as a debt due to the Crown pursuant to section 5.7(3) of the GSF Act or otherwise; and you have not repaid that amount.
7. Notice of changed circumstances
7.1 You must notify us immediately by calling 13 77 88 or on any other contact details for the Program set out on our website, if following your application but before any grant payment is made, you:
(a) wish to withdraw your application; or
(b) no longer meet the eligibility requirements for a grant under the Program, or
(c) can no longer comply with these Terms and Conditions or the Guidelines.
8. Act of Grace Grant Payments
8.1 If your application is approved, the one-off grant will be paid into the bank account nominated in your application. The bank account nominated must belong to you.
8.2 Grant payments will be made as act of grace payments authorised by the Minister, or the Minister’s delegate, on behalf of the Crown in right of the State of New South Wales, under section 5.7(1) of the GSF Act.
8.3 The Guidelines and these Terms and Conditions are conditions that the Minister, or the Minister’s delegate, has decided to impose under section 5.7(2) of the GSF Act on grant payments under the Program and, as a participant in the Program, you are required to abide by the Guidelines and these Terms and Conditions.
8.4 A failure by you to abide by the Guidelines and these Terms and Conditions may result in recovery of any grant payment as a debt due to the Crown pursuant to section 5.7(3) of the GSF Act.
9. Errors in Payment
9.1 In the event that you have been paid an amount (“an Incorrect Payment”):
(a) that is more than what you are eligible for under the Program; or
(b) an amount you are otherwise not entitled to including payment made to you by way of error;
without limiting any other rights we may have under the Guidelines, or under these Terms and Conditions or at law, you must repay the Incorrect Payment as directed by us within 28 days of any notice we may provide to you requesting repayment.
10. Conditions for Payment under the Program
10.1 Your application and all payments made under the Program are on the condition that you comply with the Guidelines and these Terms and Conditions including:
(a) you meet the Eligibility Criteria;
(b) your application is made within any time limits set for the Program;
(c) you have fully completed your application including the provision of all documentation and evidence supporting your application and your application does not contain any false or misleading information;
(d) you will cooperate with any audit, site visit or otherwise reasonably provide to us, or to our agents, any other assistance in relation to the Program including as may be required by Guidelines or these Terms and Conditions;
(e) you must retain for a minimum period of 24 months following the closure of the Program, and provide to us, or to our agent, on request all documentation and evidence relating to your application under the Program; and
(f) at the time your application is made, you intend to use the grant funding consistent with objectives of the Guidelines.
10.2 You must comply with all applicable laws in relation to your use of any grant payment that may be made to you.
11. Limitation of Liability
11.1 To the extent permitted by law, we, including our 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 you arising directly or indirectly out of or in any way connected with the Program, including:
(a) any decision to make or refuse to make a payment under the Program, including on the basis that funds are unavailable;
(b) any fraudulent application for payments made under the Program;
(c) any breach of these Terms and Conditions or the Guidelines; and/or
(d) any decision to vary, suspend or terminate the entirety or any part of the Program.
12. Indemnity
12.1 As a condition of your participation in the Program, you agree to indemnify, and to keep indemnified, us, including our officers, employees and agents (“those indemnified”), 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 your participation in the Program.
13. Privacy
13.1 You consent to us collecting personal information from you as part of your application and from third parties for purposes connected to the Program, including:
(a) assessing your application including your eligibility;
(b) auditing or otherwise investigating your application;
(c) administering, reporting on, reviewing and evaluating the Program;
(d) offering you, and if accepted providing to you, follow-up support.
13.2 We may disclose information, including personal information, provided by you to:
(a) other New South Wales or Commonwealth government authorities who may be involved in the funding or administration of the Program;
(b) the Australian Taxation Office, regulatory or investigative bodies;
(c) for the purposes of clause 14 below dealing with notices; and
(d) as otherwise may be required by law.
13.3 If you include personal information about third parties in your application, you must ensure such third parties are aware of and consent to the contents of this privacy statement.
13.4 We will collect, use, store, manage any or your or a third party’s personal information in accordance with the Privacy and Personal Information Protection Act 1998 (NSW) and other applicable laws. The Service NSW Privacy statement and Privacy Collection Notice also sets out information about how we handle your personal information.
14. Notices
14.1 Where it is necessary to communicate with you directly in connection with your application, the Guidelines or these Terms and Conditions, we may communicate with you at your contact address provided in your application. If this address changes during the period of 24 months following the closure of the Program, you must promptly notify us of your new contact address.
14.2 If the contact address provided by you is an email address, you will be deemed to have received from us an email reply at the time we sent it (as recorded on the device from which the email is sent) unless we receive an automated message that the email has not been delivered.
14.3 If you have failed to provide to us an up-to-date contact address and we have received a rejection of any communication we have sent to you, we may, but are not obliged to, provide notice to you by displaying the information for at least 14 days on Service NSW’s website where information about the Program is published.
15. General Matters
Inconsistency
15.1 In the event there is any inconsistency between these Terms and Conditions and the Guidelines, the Guidelines will prevail to the extent required to resolve any inconsistency.
Waiver
15.2 A failure or delay to exercise a right, power or remedy by us does constitute a waiver of such right, power or remedy unless the waiver is expressly given in writing.
Severability
15.3 If any provision, or part of a provision, of these Terms and Conditions or of the Guidelines is found to be prohibited, void, voidable, illegal or unenforceable, then that provision, or part of a provision, is to be severed from the Terms and Conditions or from the Guidelines, as the case may be, but without affecting the continued operation of the remainder of the Terms and Conditions or the Guidelines.
Survival
15.4 The provisions of the Guidelines and of these Terms and Conditions which, by their nature, are intended to survive termination or expiry of the Guidelines or of these Terms and Conditions, will survive any such termination or expiry.
Governing Law and jurisdiction
15.5 These Guidelines and these Terms and Conditions are governed by the laws in force in the State of New South Wales. We and you agree to submit to the exclusive jurisdiction of the Courts exercising jurisdiction in the State of New South Wales and the courts of appeal therefrom.