Terms and Conditions (Round 2)

1. State's Rights

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 or these Terms and Conditions.  
2. If the State exercises its rights under clause 1.1, then:
   1. the State will advise each Applicant with an Open Application 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 grant through this Program.
3. The State is under no obligation to approve any Application and may reject any Application at the State's absolute discretion, including:
   1. if an Applicant or its Application fails to comply with the requirements of this Program;
   2. if an Application is incomplete or contains information or representations that are false or misleading;
   3. if the State decides to cancel the Program, or exercise any other right referred to in clause 1.1
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 request.
5. The Applicant agrees for the benefit of the State and each Affected Tenant that the Applicant will not seek to recover from any Affected Tenant the rent relief warranted in its Application.
6. After a grant payment is made to an Applicant, the State may, at its absolute discretion:
   1. conduct random or specific audits of any or all of the information provided by the Applicant, including to contact Affected Tenants or other third parties;
   2. request additional information from the Applicant if the State reasonably believes that any of the information provided by the Applicant may be incomplete, false or misleading; and
   3. if the State determines in its absolute discretion:
      1. that an Applicant no longer satisfies, or never did satisfy, the eligibility criteria for a grant under the Program;
      2. the Applicant made or provided any false, incomplete, misleading or deceptive statement or information; or
      3. the Applicant has sought to recover from the tenant the rent relief warranted in its Application,
      the State may seek recovery of some or all of the grant paid to the Applicant. The obligation for an Applicant to repay the State any grant represents a debt due and payable by the Applicant to the State.
7. To the fullest extent permitted by law all implied terms and conditions are excluded from these Terms and Conditions.

2. Application and the Applicant

1. In order for its Application to be assessed by the State, the Applicant must submit a complete Application electronically through the link on the SBDC website https://ltal.dlgsc.wa.gov.au/ on or before 28 March 2021.  
2. Receipt of the Application will be determined by the date and time shown that the complete Application is electronically submitted.
3. Lodgement of electronic files may take time and the Applicant must make its own assessment of the time required for full transmission of their Application.
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 State all costs incurred by the State arising from, or in connection with, the virus.
5. No State Party will be responsible in any way for any loss, damage or corruption of the electronic copy of the Application.
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 may request the Applicant to provide another copy of the Application either electronically or in hard copy or both.  If the State 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; 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.
7. The Applicant must inform the State of any changes in the status or circumstances of the Application between the time of its submission and its assessment.
8. Each Applicant, in submitting an Application, warrants and represents that all information and representations (in whatever form) given to the State under, as part of or in connection with the Program or the Application is true and correct, complete, and up-to-date, and in no way misleading or deceptive.
9. Where the Applicant consists of more than one person:
   1. the obligations and liabilities of the Applicant under these Terms and Conditions apply to each of those persons jointly and severally; and
   2. all communications by or on behalf of the Applicant with the State are to be provided by the Nominated Applicant and a communication by or on behalf of the State with the Nominated Applicant is deemed to be a communication with all Applicants.
10. Any matter which may be done by the State may be done by an authorised officer of the State.

3. Assessment

1. The State will assess each Application received before the 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 grant to the Applicant, and if so, to assess the value of that grant; or
   3. to reject the Application.
2. During the selection 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. The State accepts no responsibility for ensuring that the Application and supporting documents provided by the Applicant are complete, correct and accurate, or give effect to the matters represented by the Applicant.
3. The State reserves the right to re-assess or revoke the offer of a grant at any time if it becomes apparent that the Application and supporting documents provided by the Applicant are not complete or accurate.

4. Withdrawal of Application

1. The Applicant may withdraw its Application at any time through the ‘contact us’ page on the online portal  (https://ltal.dlgsc.wa.gov.au/contact-us/

5. Review

1. Where an Applicant is dissatisfied with a decision to reject an Application the Applicant can apply for review of that decision to the SBC. The SBC may, after review, make a recommendation to the Director General of DLGSC with respect to the Application, but will not be obliged to do so.
2. The Director General of DLGSC may, but will not be obliged to, consider a recommendation of the SBC referred to in clause 5.1 and a decision of the Director General of DLGSC will be final and binding on the Applicant.

6. Disclosure of Information

1. The Applicant warrants that all Affected Tenants have consented to the disclosure of information relating to the Affected Tenants and the Affected Tenancy in respect of the Application.
2. The Applicant agrees and acknowledges by submitting its Application that the State 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, including without limitation:
   1. to the extent necessary to assess and verify the matters represented in the Application, including to any government agency or Affected Tenant;
   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.
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.
4. The State may require the Applicant to withdraw any claim to confidentiality in respect of any part of the Application or information or documents provided by the Applicant in relation to the Application as a condition of acceptance of the Application.
5. The Applicant, for the purpose of the State determining eligibility of the Applicant for a grant 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 its tax information (including without limitation information in connection with the Applicant's liability for or other status in connection with land tax) upon request to the DLGSC 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. 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 submitted in respect of its Application, under this clause.

7. Audit

1. The State reserves the right to audit any matter or thing relating to the Application or a grant at any time, including without limitation to contact any Affected Tenant directly or to require any record or information from the Applicant.
2. Notwithstanding any obligation of confidence owed by an Affected Tenant to the Applicant, the Applicant authorises the Affected Tenant for each Affected Tenancy, and its agents and representatives, to disclose to the State, upon request by the State for the purposes of audit in connection with the Application or the grant, any information in connection with the Applicant, the Application, the Affected Tenant or the relevant Affected Tenancy.

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

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

10. Laws

1. These Terms and Conditions are governed by the laws of Western Australia.
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 (in negligence or otherwise) for any loss, injury, damage, liability, costs or expense arising.

12. Severability

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.
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.

Definitions

In these Terms and Conditions:

Affected Tenancy means a lease in respect of which the Application is made.

Affected Tenant means the tenant under an Affected Tenancy.

Applicant means the party applying for  a grant under the Program.

Application means an application for  a grant under the Program.

Closing Time means the deadline for submission of an Application as specified in clause 2.1.

DLGSC means the Department of Local Government, Sport and Cultural Industries.

Grant means a round 2 grant as described in the Program Guidelines, payable or paid at the State's discretion subject to the Terms and Conditions.

Nominated Applicant means the Applicant named as such in the Application.

Open Application means an Application which has not been rejected by the State and has not concluded with payment of a grant.

Program means the Land Tax Assistance for Landlords Program, and associated processes, and requirements and benefits described in both the Program Guidelines and these Terms and Conditions.

Program Guidelines means the document titled “Land Tax Assistance for Landlords (program guidelines)”  available at    https://www.smallbusiness.wa.gov.au/blog/land-tax-assistance-landlord.

SBC means the Small Business Commissioner appointed under the Small Business Development Corporation Act 1983 (WA).

SBDC means the Small Business Development Corporation established under the Small Business Development Corporation Act 1983 (WA).

State means the State of Western Australia acting through the DLGSC, the SBDC or any other government agency.

State Party means the State, any Minister of the State, any department, agency or authority of the State and each of their respective officers and employees.

Terms and Conditions means these terms and conditions.