Activating Alfresco Rebate Program guidelines and conditions

Guidelines, terms and conditions

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Objective

As part of the Level 1 COVID Business Assistance Package, the Activating Alfresco Rebate Program consists of a $5 million investment for small businesses to establish, expand or improve operations for alfresco dining in areas such as footpaths, and other adjacent public and private spaces.

This initiative promotes safe socialisation and the creation of community vibrancy though the activation of footpaths and other spaces.

Overview

Eligible hospitality businesses will be able to seek a rebate of up to $5000 through the Department of Local Government, Sport and Cultural Industries (DLGSC) for eligible purchases that relate to alfresco dining establishment, expansion or improvement that have been purchased from 1 March 2022 to 31 May 2022.

The rebate is available to eligible food and beverage businesses that register and meet the eligibility criteria.

There are 2 steps involved in the rebate:

  1. Apply for pre-approval
    • Businesses must first register to confirm their eligibility.
    • Identification of the applicant must be verified through MyGovID.
    • Registrations will close when 1000 eligible businesses have successfully registered.
    • Only one rebate is available per eligible business/alfresco area.
  2. Claim for eligible expenses
    • Businesses that have successfully registered can claim their rebate from March 2022 for expenses incurred from 1 March 2022 to 31 May 2022.
    • Claims must be made by 17 June 2022.
    • The rebate will be provided as a one-off payment. All evidence of expenses claimed must be collated and lodged together as part of a single claim.

Key dates

Open Close Eligible purchase period
12:00pm 21 March 2022 5:00pm 17 June 2022 Tuesday 1 March 2022 to Tuesday 31 May 2022

Eligibility

To be eligible for the Activating Alfresco rebate, the business must:

  • have an active Australian Business Number (ABN)
  • be located in WA
  • have a minimum revenue of $50,000 per annum (excluding GST) and an Australia-wide   payroll cap of less than $4 million
  • be a food and beverage business under the following industry groupings:
    • pub, tavern, bar or hotel
    • restaurant and café.
  • have incurred eligible expenses for establishing, expanding or improving an outdoor dining area from 1 March to 31 May 2022
  • have a current and valid permit or approval to operate an outdoor dining area from the relevant local government and/or consent of the landowner at the time of lodging the application
  • have a minimum revenue of $50,000 per annum (excluding GST) and an Australia-wide payroll cap of less than $4 million.

Proof of eligibility

To demonstrate that the business is an eligible business, the following proof of evidence will be required:

  • verify identity using MyGovID
  • have an active Australian Business Number (ABN)
  • evidence of being an eligible food and beverage business, including:
    • a food business license from the relevant local government authority
    • a liquor license and/or extended trading permit, where applicable.
  • letter of authority to act on behalf of the business, where applicable
  • link to the business’ website and/or other social media accounts
  • evidence that the businesses’ annual turnover is more than $50,000 and has a maximum Australia-wide payroll cap of $4 million. This can be in the form of:
    • lodged 2020-2021 financial year tax return
    • business activity statements for the 2020-21 financial year.
  • documentation from relevant local government authority, or private landholder, approving use of the land for outdoor dining, which may include:
    • council approvals or permits
    • council-approved site plans
    • landholder’s written consent
    • letter from the local government authority confirming approval.
  • tax receipts for eligible expenses incurred from 1 March 2022 to 31 May 2022
  • an unredacted PDF copy of their business bank statement showing 2022 transactions, a BSB, an account number and the business name associated with the application.

Eligible expenses

Eligible businesses may seek a rebate on the purchase of any of the following:

  1. temporary ground surfaces:
    • levelling of sites to make safe
    • decking
    • other temporary coverings (astro turf, matting, etc.)
  2. traffic mitigation/barriers (where not provided by council)
  3. lighting, including decorative lighting such as festoons
  4. additional furniture for fit-out of the outdoor area, including tables, chairs, waiter stations
  5. non-fixed elements such as play spaces and interactive art
  6. weather protection for shade and rain, including umbrellas
  7. parklets or similar mobile seating areas
  8. heaters, fans and misters

Both the tax receipt of eligibility purchases and photo evidence that the items are being used within the approved outdooring dining premises must be provided at the time of lodging a rebate claim.

Claiming the rebate

If the business successfully meets the eligibility criteria, a rebate claim for eligible expenses can be made until Friday 17 June 2022.

The rebate will be provided as a one-off payment. Evidence of all expenses intended to be claimed must be collated and lodged together as part of a single claim.

Businesses can apply for the rebate through the Department of Local Government, Sport and Cultural Industries’ website through the SmartyGrants portal.

Claims must be made by a legitimate applicant authorised to act on behalf of the eligible business.

Claims for eligible purchases must be made by Friday 17 June 2022 and must include appropriate evidentiary documentation.

Application status

From the date of application lodgement and provision of all relevant documentation, the processing period for each stage can take up to two weeks.

The assessment will be based on the information provided. Applicants will be notified via email on the outcome of their application and/or claim. Where an application or claim is unsuccessful, a reason will also be provided.

All enquiries must be sent through LGresponse@dlgsc.wa.gov.au for response, citing the application number.

Compliance

If any information in the application is false, misleading or deceptive, the payment will be repayable as a debt immediately due and payable on demand. It is also an offence to provide false, misleading or deceptive information with an intention to defraud.

Funding under this program does not attract GST. For any other tax-related queries, please contact the Australian Taxation Office.

By submitting an application, applicants agree to the program’s Terms and Conditions outlined below.

Other information

DLGSC reserves the right to withdraw or amend the payment or these guidelines and application terms at any time as they deem appropriate without notice.

Terms and conditions

Government of Western Australia — Activating Alfresco Rebate Program

  1. These Terms and Conditions and Their Administration

    1.1. These Terms and Conditions apply to the Program.

    1.2. By submitting its Application, and again by accepting any Rebate, the Applicant agrees to comply with these Terms and Conditions.

    1.3. In consideration of the Applicant agreeing to comply with these Terms and Conditions, the State will, on and subject to these Terms and Conditions, receive and consider the Application.

    1.4. The DLGSC is assisting the Government of Western Australia with management of the Program and:

    1. any rights of the State under these Terms and Conditions may be exercised by or through the DLGSC;
    2. anything or matter which may be done by the State in connection with the Program (including, without limitation, corresponding with an Applicant, undertaking assessment of an Application or undertaking an audit) may be done by the State through the DLGSC; and
    3. All representations, warranties, undertakings, consents, acknowledgments and agreements given by the Applicant in favour of the State are also given in favour of the DLGSC.

      1.5. Any thing or matter which may be done by the State or by the DLGSC may be done by an authorised officer of the State or of the DLGSC (as the case may be).

  2. The State’s Rights

    2.1. The State reserves the right for any reason, at any time and from time to time, to (in whole or in part) cancel the Program or to (in whole or in part) vary, supplement, supersede or replace the Program, the Program Guidelines or these Terms and Conditions.

    2.2. If the State exercises its rights under clause 2.1, then:

    1. the State will advise each affected Applicant that it has done so; and
    2. the Applicant will not have any recourse against any State Party whatsoever including, without limitation, with respect to claims for any costs or expenses incurred by the Applicant in applying for a Rebate through the Program.

    2.3. The State is under no obligation to approve any Application for provision of a Rebate and may reject any Application at the State’s absolute discretion, including without limitation:

    1. if an Applicant fails to satisfy the eligibility criteria for, or its Application fails to comply with the requirements of, the Program; or
    2. if an Application is incomplete or contains information or representations that are false or misleading; or
    3. if the State decides to cancel the Program, or exercise any other right referred to in clause 2.1.

    2.4. After an Application is received, the State may request additional information from the Applicant in relation to the content of its Application for the purpose of clarifying or assessing the Application. The Applicant must comply with such a request within 5 working days of the date on which the request is made, or prior to the Application Closing Time, whichever is sooner.

    2.5. At any time during the Audit Period, the State may, at its absolute discretion:

    1. conduct random or specific audits of or in respect of any or all of the information provided by the Applicant, which audits may involve the State contacting the Applicant, Affected Business Participant, relevant Local Government Authority or other relevant third party, and exercising other rights under clause 7, including but not limited to contacting third party systems for the purpose of identity validation;
    2. consider any information in any form which is provided to the State by a third party or which otherwise comes to the knowledge of the State, notwithstanding how that information is provided or otherwise comes to the knowledge of the State; and
    3. request additional information from the Applicant if the State reasonably believes that any of the information provided, or a representation made, by the Applicant may be incomplete, false or misleading,

      and if the State determines in its absolute discretion that:

    4. the Applicant did not at the time of making of the Application, or at the time of payment of a Rebate, satisfy the Eligibility Criteria for a Rebate under the Program;
    5. there is insufficient evidence to verify that the Applicant satisfied the Eligibility Criteria for a Rebate under the Program at the time of making of the Application or at the time of payment of a Rebate;
    6. the Applicant made or provided any false, incomplete, misleading or deceptive representation, statement or information; or
    7. the Applicant otherwise received the Rebate in error,

      then the State may in writing require the Applicant to repay any Rebate or part thereof paid to the Applicant within 10 working days and the Applicant must pay to the State the amount of the Rebate or part thereof together with all costs incurred by the State arising from, or in connection with, recovery of that amount. The obligation for an Applicant to repay a Rebate to the State represents a debt due and payable by the Applicant to the State.

    2.6. The State reserves the right to enter into an alternative payment arrangement with an Applicant to the State's reasonable satisfaction for the repayment of any debt due and payable under clause 2.5.

    2.7. If the Applicant receives a Rebate, the Applicant must, for the duration of the Audit Period, retain records to verify that it satisfied the eligibility criteria for the Rebate under the Program at the time of making of the Application and at the time of payment of the Rebate.

    2.8. To the fullest extent permitted by law, all implied terms and conditions are excluded from these Terms and Conditions.

  3. Application and the Applicant

    3.1. In order for its Application to be assessed by the State, the Applicant must submit a complete Application electronically through the DLGSC Website on or before the Application Closing Time.

    3.2. Receipt of the Application will be determined by the date and time shown that the complete Application is electronically submitted.

    3.3. Lodgement of electronic files may take time and the Applicant must make their own assessment of the time required for full transmission of their Application.

    3.4. If the electronic copy of the Application contains a virus then, notwithstanding any disclaimer made by the Applicant in respect of viruses, the Applicant must pay to the DLGSC all costs incurred by the DLGSC arising from, or in connection with, the virus.

    3.5. No State Party will be responsible in any way for any loss, damage or corruption of the electronic copy of the Application.

    3.6. If the electronic copy of the Application becomes corrupted, illegible or incomplete as a result of transmission, storage, encryption or decryption, then the State or the DLGSC may request the Applicant to provide another copy of the Application either electronically or in hard copy or both. If the State or the DLGSC requests the provision of another copy of the Application, then the Applicant must:

    1. provide the copy in the form or forms requested within the period specified by the State or the DLGSC (as the case may be); and
    2. warrant that the copy is a true copy of the Application which was electronically submitted by the Applicant and that no changes to the Application have been made after the initial attempted electronic submission.

    3.7. The Applicant must inform the DLGSC of any changes in the status or circumstances of the Application between the time of its submission and its assessment, by email to LGresponse@dlgsc.wa.gov.au or as otherwise specified in the Program Guidelines.

    3.8. The Applicant, in submitting an Application, warrants and represents to the State that all information and representations (in whatever form) given to a State Party under, as part of or in connection with the Program or the Application are true and correct, complete and up-to-date, and in no way misleading or deceptive.

    3.9. Where the Applicant consists of more than one person, a representation or warranty given by, and the obligations and liabilities of the Applicant under these Terms and Conditions apply to and bind each of those persons jointly and severally.

    3.10. All communications by or on behalf of the Applicant with the State and the DLGSC are to be provided by the Applicant and a communication by or on behalf of the State or the DLGSC with the Applicant is deemed to be a communication with all persons constituting the Applicant.

  4. Assessment

    4.1. The State will assess each Application received before the Application Closing Time against the eligibility criteria identified in the Program Guidelines and make an assessment as to whether:

    1. to request further information or supporting evidence of any matter;
    2. to offer a Rebate to the Applicant (and if so, the State will determine the timing of that Rebate); or
    3. to reject the Application.

    4.2. During the assessment process, the State will review the Application and supporting documents provided by the Applicant to determine whether on the face of it they are complete, correct and accurate. No State Party accepts any responsibility for ensuring that the Application and supporting documents provided by the Applicant are complete, correct and accurate and no State Party is obliged to request further information.

    4.3. The State reserves the right to re-assess or revoke the offer of a Rebate at any time if the State reasonably considers that the Application and supporting documents provided by the Applicant are not complete or accurate.

    4.4. Without limiting clauses 2.3, 2.5, 4.1 or 4.3, the State reserves the right, at its discretion, to offer a Rebate to an Applicant even if the Applicant does not satisfy one or more eligibility criteria for a Rebate under the Program. The State may request additional information from an Applicant in connection with exercising this right. In the event that the State offers a Rebate to an Applicant in these circumstances, only those eligibility criteria for the Program which are satisfied by the Applicant will for the purposes of clause 2.5 (d) and clause 2.5(e) be the eligibility criteria which apply to any Rebate subsequently paid to the Applicant.

  5. Withdrawal of Application

    The Applicant may withdraw their Application at any time by email to: LGresponse@dlgsc.wa.gov.au

  6. Disclosure of Information

    6.1. The Applicant warrants that all relevant third parties have consented to the disclosure of information relating to them in respect of the Application.

    6.2. The Applicant agrees and acknowledges by submitting its Application that the State and the DLGSC may disclose the Application and any information or document provided by the Applicant in relation to the Application as deemed necessary or desirable by the State or the DLGSC, including without limitation:

    1. to the extent necessary to assess and verify the matters represented in the Application, including disclosing to any government agency;
    2. pursuant to the requirements of any law, including the Freedom of Information Act 1992 (WA);
    3. under a court order;
    4. upon request by a Minister, Parliament or any committee of Parliament or by way of the Minister responsible for the Program or the DLGSC disclosing to Parliament as deemed necessary or desirable by the Minister.

    6.3. The Applicant agrees and acknowledges that the powers and responsibilities of the Auditor General for the State of Western Australia under the Financial Management Act 2006 and the Auditor General Act 2006 are not affected in any way by the Application or these Terms and Conditions.

    6.4. The Applicant, for the purpose of the State determining eligibility of the Applicant for a Rebate under the Program, conducting an audit or otherwise exercising the State’s rights or functions in connection with the Program, consents to the Western Australian Commissioner of State Revenue or their delegate(s) disclosing their tax information in connection with the Applicant’s liability for or other status in connection with pay roll tax upon request to the State in accordance with the Taxation Administration Act 2003 (WA) and for the purposes of section 114(2)(c) of that Act, the Applicant authorises each person subject to a duty of confidentiality under section 114 of that Act to so disclose information and material in respect of its tax information as contemplated by this clause.

    6.5. By submitting an Application, the Applicant releases each State Party from all liability whatsoever for any loss, injury, damage, liability, costs or expense resulting from the disclosure of its Application, or any other information or document, confidential or otherwise, submitted in respect of its Application, under this clause.

  7. Audit

    7.1. Without limiting clause 2.5, the State reserves the right to audit any matter or thing relating to the Application or a Rebate at any time during the Audit Period. This right includes without limitation the right to contact any Affected Business Participant, relevant Local Government Authority or other relevant third party directly to seek information and the right to require any record or information from the Applicant. The Applicant agrees to provide and records or documents no later than ten working days from the date of a written request.

    7.2. The Applicant must allow all persons who are nominated by the State to conduct an audit under these Terms and Conditions to:

    1. have full access to all records and premises in the control or possession of the Applicant for the purpose of carrying out the audit; and
    2. make and take copies of any record in the control or possession of the Applicant relating in any way to the Application or the Rebate,

      and the Applicant must provide all reasonable assistance to those persons while they are conducting an audit.

    7.3. Notwithstanding any non-statutory obligation of confidence owed by an Affected Business Participant, relevant Local Government Authority or other relevant third party to the Applicant, the Applicant authorises each Affected Business Participant, relevant Local Government Authority or other relevant third party to disclose to the State or the DLGSC, upon request by the State or the DLGSC for the purposes of audit in connection with the Application or a Rebate, any information in connection with the Applicant, the Application or the relevant Affected Business.

  8. Intellectual Property

    The Applicant consents to the reproduction of the Application and any information or document submitted in respect of the Application for the purposes of administration of the Program, and represents that it has obtained all copyright and intellectual property permissions as required to do so (if any).

  9. No Bribe, Inducement or Offer of Employment

    9.1. The Applicant must not directly or indirectly approach or communicate with any officer or employee of the State or the DLGSC having any connection or involvement with the Program, with respect to an offer of employment or availability of employment with the Applicant or any related entity.

    9.2. The Applicant must not directly or indirectly offer a bribe, gift or inducement to any officer or employee of the State or the DLGSC in connection with the Program.

  10. Laws

    10.1. These Terms and Conditions are governed by the laws of Western Australia.

    10.2. Each Applicant must comply with all laws in respect of their Application and the Program.

  11. Exclusion of Liability

    To the extent permitted by law, the Applicant:

    1. will have no right of recovery against any State Party in respect of any matter or thing in relation to the Program, including without limitation, any aspect of the assessment or review of the Application or the disclosure of its Application and information or documents; and
    2. releases each State Party from all liability for any loss, injury, damage, liability, costs or expense arising in connection with any matter or thing in relation to the Program.
  12. Severability

    12.1. Any provision of, or the application of any provision of, these Terms and Conditions which is illegal, void or unenforceable, is ineffective to the extent of the illegality, voidance or unenforceability.

    12.2. If any part of these Terms and Conditions is or becomes illegal, void or unenforceable, that part is or will be severed from these Terms and Conditions so that all parts that are not, or do not become, illegal, void or unenforceable remain in full force and effect and are unaffected by that severance.

  13. Definitions

In these Terms and Conditions:

Affected Business
means the business in respect of which the Application is made.
Affected Business Participant
means a person other than the Applicant involved in directing the conduct, or undertaking administration or operation, of the Affected Business.
Applicant
means the party applying for a Rebate under the Program for and on behalf of the Affected Business pursuant to the relevant Application.
Application
means an application for a Rebate under the Program.
Application Closing Time
means 4:00pm 31 July 2022 (AWST).
Audit
includes investigate, examine, inspect and review.
Audit Period
means, for an Applicant, the period commencing on the date on which its Application is received in accordance with clause 3.2 and ending:
  1. where a Rebate is paid to the Applicant, on the day which is 12 months after the date on which the Rebate is paid; and
  2. where its Application is rejected, on the day which is 3 months after the date on which the Applicant is notified that its Application is rejected.
DLGSC
means the Department of Local Government, Sport and Cultural Industries.
Eligibility Criteria
means the criteria described in the Program Guidelines.
Program
means the financial assistance program provided by the Government of Western Australia to small businesses for outdoor dining support through the Level 1 COVID Business Assistance Package, entitled the “Activating Alfresco Rebate Program”, and associated processes, and requirements and benefits described in both the Program Guidelines and these Terms and Conditions.
Program Guidelines
means the document entitled “Activating Alfresco Rebate Program — Program Guidelines and Terms and Conditions”.
Rebate
means a payment which is available, payable or paid (as the case may be) in response to a successful Application under the Program.
Record
means a record or information of any kind, including originals and copies of all accounts, financial statements, books, files, reports, records, correspondence, documents and other materials, however such records and information are held, stored or recorded.
State Party
means the State and each of their respective officers and employees.
Terms and Conditions
means these terms and conditions.
Page reviewed 27 April 2022