Queensland Parliamentary Library Research and Information Service CLIENT INFORMATION BRIEF FOR: Mr Ian Rickuss MP ATTENTION: Erika Haines SUBJECT: Turf Production – Primary Industry Status DATE: 16th November 2011 1. Introduction A request was made for information regarding the ‘requirements for obtaining primary industry status’ vis-à-vis the turf production industry. It was also requested that information be provided on State government and local government grants or assistance to primary producers. The Australian Tax Office classifies certain groups of businesses as primary producers and the guidelines for determining the meaning of this classification are included. The Queensland government provides assistance for rural horticultural producers, which the turf production industry would be able to apply for providing the other eligibility criteria are met. That assistance is summarised below. Local government grants are made to not for profit and community organisations rather than for businesses. 2. Queensland assistance for rural producers QRAA is a statutory authority of the Queensland government administering Government financial programs and services. Their website details a variety of loans and natural disaster assistance measures available to rural horticultural producers such as the Turf Industry. Full details regarding the loans and disaster assistance are found at the following link: http://www.qraa.qld.gov.au/index.php?option=com_qraa&audience=3®ion=31&in dustry=11&Itemid=89 A summary of the loans and assistance available is given below: There are 2 loan types: Prepared at client request. The responsibility for the use of the contents of this report or its further distribution either in whole or part lies with the Member. This paper has been prepared to support the work of the Queensland Parliament using information publicly available at the time of production. The views expressed do not reflect an official position of the Queensland Parliamentary Library, nor do they constitute professional legal opinion. Queensland Parliamentary Library Research and Information Services Page 1 1) ‘First start loan’ for establishing a business. These loans are for up to $650,000. There are a number of eligibility criteria, including the requirement that financial hardship be proven. 2) ‘Sustainability loan’ for established businesses. These loans are for businesses that have been operating for at least 2 years. They provide up to $650,000 and again, one of the eligibility criteria is that financial need must be demonstrated. Three types of natural disaster assistance are outlined: 1) Exceptional disaster assistance - for businesses affected by the December 2010/ January 2011 floods and Cyclone Yasi. This provides a loan and grant package of up to $650,000. 2) Natural disaster assistance - for bushfire or flood or other non specific disaster. This provides a low interest loan of up to $250,000. 3) Special disaster assistance – for businesses affected by the Queensland floods December 2010/ January 2011. This provides grants of up to $25,000. 3. Australian Tax Office The Australian Tax Office (ATO) ruling TR 97/11 considers the meaning of ‘business’ of ‘primary production’. It is a complicated ruling, best read in full as opposed to being summarized. The ruling is available at the following link ‘Am I carrying on a business of primary production?’ http://law.ato.gov.au/atolaw/view.htm?Docid=TXR/TR9711/NAT/ATO/00001&PiT=99 991231235958 The ATO notes under a heading titled ‘Who is a Primary Producer?’1 A Primary Producer is an individual, trust or company carrying on a primary production business. You are a primary producer if you carry on a business of:Plant and Animal Cultivation - Cultivating or propagating plants, fungi or their products or parts (including seeds, spores, bulbs and similar things) in any physical environment. 4. Queensland Department of Primary Industries and Fisheries The Queensland Department of Primary Industries and Fisheries classifies Turf Production as ‘lifestyle horticulture’ but this is not a legal definition for the purposes of government assistance or taxation.2 Roxane Horton Research Officer 1 http://www.ato.gov.au/businesses/content.aspx?doc=/content/33519.htm&pc=001/003/015/001/009& mnu=0&mfp=&st=&cy= 2 http://www.dpi.qld.gov.au/26_16594.htm Prepared at client request. The responsibility for the use of the contents of this report or its further distribution either in whole or part lies with the Member. This paper has been prepared to support the work of the Queensland Parliament using information publicly available at the time of production. The views expressed do not reflect an official position of the Queensland Parliamentary Library, nor do they constitute professional legal opinion. Queensland Parliamentary Library Research and Information Services Page 2 Commissioned Research Team ______________________________________ QUEENSLAND PARLIAMENTARY SERVICE Queensland Parliamentary Library Parliament House Cnr George and Alice Streets Brisbane Qld 4000 Prepared at client request. The responsibility for the use of the contents of this report or its further distribution either in whole or part lies with the Member. This paper has been prepared to support the work of the Queensland Parliament using information publicly available at the time of production. The views expressed do not reflect an official position of the Queensland Parliamentary Library, nor do they constitute professional legal opinion. Queensland Parliamentary Library Research and Information Services Page 3
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