Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 (Incorporating amendments made by F2020L00479, F2020L00546, F2020L00603, F2020L00605, F2020L00884, F2020L00921, F2020L01021, F2020L01165, F2020L01534 and F2021L00305)

Part 2   Jobkeeper payment

Division 2   Entitlement based on paid employees

7   When an entity qualifies for the jobkeeper scheme

 

(1) For the purposes of paragraphs 6(1)(b), 11(1)(c) and 12A(1)(c), an entity qualifies for the jobkeeper scheme for a jobkeeper fortnight if:

(a) on 1 March 2020, the entity:

(i) carried on a business in Australia; or

(ii) was a non-profit body that pursued its objectives principally in Australia; or

(iii) was a deductible gift recipient that was, or operated, a public fund covered by item 9.1.1 or 9.1.2 of the table in subsection 30-80(1) of theIncome Tax Assessment Act 1997 (international affairs deductible gift recipients); and

(b) the entity has satisfied the decline in turnover test at or before the end of the fortnight (see sections 8 and 8A); and

(c) for a fortnight beginning on or after 28 September 2020 - the entity also satisfies the actual decline in turnover test (see section 8B) for the fortnight.

Note: Qualifying entities must report monthly turnover information to the Commissioner for the duration of the scheme: see section 16.

Exceptions

      

(2) However, an entity doesnot qualify for the jobkeeper scheme for a jobkeeper fortnight if:

(a) an amount of levy under theMajor Bank Levy Act 2017 was imposed for any quarter ending before 1 March 2020 on:

(i) the entity; or

(ii) if the entity is a member of a consolidated group - another member of the group; or

(b) the entity is an Australian government agency; or

(c) the entity is a local governing body; or

(d) the entity is wholly owned by an entity covered by paragraph (b) or (c); or

(e) the entity is a sovereign entity, or would be a sovereign entity if subparagraphs 880-15(c)(ii) and (iii) of theIncome Tax Assessment Act 1997 were disregarded; or

(f) if the entity is a company - a liquidator or provisional liquidator has been appointed in relation to the company; or

(g) if the entity is an individual - a trustee in bankruptcy has been appointed to the individual's property.