ALC form

1. I am the Applicant or the above-named representative duly authorised by the Applicant to make this application and each of these declarations on the Applicant’s behalf.

2. The information provided in this application is true and correct.

3. I have read, understood and agree to the terms and conditions.

4. The eligibility requirements (set out in clause 3) which are briefly stated as follows, have all been met:

(a) the Applicant holds a current fishing boat licence (clause 3.2(a));

(b) the fishing boat operated in an applicable fishery during the period 20 June 2022 to 30 June 2024 (clause 3.2(b));

(c) the Applicant incurred and paid costs of purchasing and/or installation of an eligible ALC (clause 3.2(c)); an approved device;

(d) the ALC which was purchased and installed:

(i) is an approved device (clause 3.3(a));

(ii) was purchased new from an authorised supplier on an arms-length basis (clause 3.3(b)); and

(iii) where this application relates to installation costs, was installed professionally (clause 3.3(c));

5. The application is accompanied by the required evidence (set out in clause 4) which is briefly stated as follows:

(a) proof of managed fishery licence/permit (clause 4.1(b)(i));

(b) proof of operation (clause 4.1(b)(ii));

(c) proof of purchase/installation costs (clause 4.1(b)(iii)); and

(d) proof of payment (clause 4.1(b)(iv)).

Terms & Conditions

1. Definitions and interpretation

1.1. Unless the context otherwise requires:

(a) ALC means an Automatic Location Communicator;

(b) Applicable Fisheries means the fisheries (sites) to which the Rebate scheme applies;

(c) Application means the ALC Installation/Upgrade Rebate Application Form and all information or documents provided therewith;

(d) Approved ALC Device means an ALC device that the Department has approved for the purposes of the Rebate Scheme, which (at the time of these terms and conditions) includes a Collecte Localisation Satellites (CLS) Triton Advanced device;

(e) Department means the State of Western Australia acting through its Department of Primary Industries and Regional Development;

(f) Eligible ALC means an Automatic Location Communicator that meets the eligibility requirements set out in clause 3.3;

(g) Eligible Applicant means a person who meets the eligibility requirements set out in clause 3.2;

(h) Eligibility Requirements means the eligibility requirements as set out in clause 3;

(i) Evidentiary Requirements means the evidence required to accompany the Application as set out in clause 4;

(j) FBL means a Fishing Boat Licence granted under the Fish Resources Management Act 1994 (WA) with respect to the fishing boat named in this Application;

(k) “Installation Costs” means the GST exclusive costs of installation of an Eligible ALC incurred by the Applicant;

(l) “Purchase Costs” means the GST exclusive costs of purchase of an Eligible ALC incurred by the Applicant;

(m) Rebate means the rebate available, from time to time, under the Rebate Scheme to persons who meet the Eligibility Requirements in relation to the purchase and/or installation of an Eligible ALC in accordance with these terms and conditions;

(n) Rebate Scheme means the electronic and vessel monitoring rebate scheme administered by the Department;

(o) Tax Invoice takes the meaning as under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

1.2. Unless the context otherwise requires:

(a) the singular includes the plural and vice versa and a reference to a gender includes all genders;

(b) reference to a person includes a body corporate (including a company or other corporation);

(c) “including” and similar expressions are not words of limitation; and

(d) Reference to any thing includes the whole and each part of it.

2. Rebate

2.1. The Rebate is available to Eligible Applicants with respect to the purchase and/or installation of an Eligible ALC in accordance with these terms and conditions.

2.2. The Rebate:

(a) is available solely in relation to the Purchase Costs and/or Installation Costs of an Eligible ALC; and

(b) without intending to be exhaustive, does not apply with respect to the cost of any accessories (e.g. carry bags, chargers etc), extended warranties or refurbishments.

2.3. The Rebate will be delivered in the form of an Electronic Funds Transfer (EFT) into the Applicant’s nominated Australian bank account.

2.4. Applications will generally be processed within 30 days of submission.

2.5. The Department may require the Applicant to provide further information and/or documents as the Department reasonably requires to assess, verify or determine the Application or administer the Rebate.

2.6. Payment of the Rebate is subject to:

(a) the satisfaction of each the Eligibility Requirements and Evidentiary Requirements; and

(b) the availability of funding for, and the continuation of, the Rebate Scheme.

2.7. The Department intends to provide a minimum of 14 days’ notice to all registered retailers of Approved ALC Devices of when the Rebate Scheme is to end.

2.8. The Department reserves the right to vary the Rebate Scheme at any time.

3. Eligibility

3.1. The Eligibility Requirements (set out in this clause 3) apply in respect of the Rebate.

3.2. The Applicant must:

(a) hold a current FBL;

(b) at a time between 20 June 2022 to 30 June 2024 (or the date of this Application, whichever is earlier), have operated in at least one of the Applicable Fisheries; and

(c) have incurred and paid the Purchase Costs and/or Installation Costs of the Eligible ALC.

3.3. The ALC the subject of the Application must:

(a) be an Approved ALC Device;

(b) have been purchased new from an authorised supplier on an arms-length basis; and

(c) where the Application relates to Installation Costs, have been installed by a professional installer on an arms-length basis.

3.4. The Rebate must not have been previously claimed by any person with respect to:

(a) the ALC the subject of this application; or

(b) any other ALC in respect of the fishing boat the subject of the Application.

3.5. The Rebate is subject to any other eligibility requirements that the Department may impose under the Rebate Scheme from time to time.

4. Application for Rebate

4.1. The application must be:

(a) made by submitting the online application form at fish.wa.gov.au  (applications hand delivered or sent by post, facsimile or email will not be accepted); and

(b) accompanied by the following evidence:

(i) (proof of managed fishery licence/permit) proof of a managed fishery licence/permit as referred to in clause 3.2(a), which may include a copy of the managed fishery licence or permit papers or a copy of an applicable exemption or fishing boat licence condition;

(ii) (proof of operation) proof of the Applicant having operated in one or more of the Applicable Fisheries during the relevant period as referred to in clause 3.2(b), which may include catch returns, catch and disposal records and/or log sheets;

(iii) (proof of purchase/installation costs) proof of purchase and/or installation of an Eligible ALC, which must include a Tax Invoice that contains full details of the supplier, the recipient, the date of supply, the Eligible ALC (including any serial number), the unit price and, where involving installation, a breakdown of the installation works and associated costs; and

(iv) (proof of payment) proof of payment of the Purchase Costs and/or the Installation Costs, which may include official receipts or bank statements showing payment.

(c) submitted by no later than 30 June 2024.

5. Warranties

5.1. The Applicant warrants, at the date of the Application, that:

(a) it meets the Eligibility Requirements; and

(b) except as disclosed in writing to the Department, it has not received any refund of the Purchase Costs or the Installation Costs the subject of the Application.

6. Recovery and liability

6.1. The Applicant must promptly notify the Department in writing if it subsequently receives any refund of the Purchase Costs and/or Installation Costs the subject of the Application.

6.2. The Department may require the Applicant to repay that part of the Rebate that:

(a) the Department reasonably determines the Applicant was not eligible to receive; or

(b) is proportional to a refund of the Purchase Costs and/or Installations Costs the subject of the Application the Applicant subsequently receives.

6.3. The Department is responsible only for administering the Rebate Scheme and it assumes no liability whatsoever in connection with the manufacture, installation, operation or use of an Approved ALC Device.

7. Privacy

7.1. The Applicant authorises the Department and any of its authorised representatives to:

(a) collect information that the Department reasonably considers to be necessary or appropriate in connection with this Application, from:

(i) any accountant, financial planner, legal advisor, business consultant, supplier of the Applicant or any other person named in this Application or in any documents the Applicant has provided with, or in support of this Application (Supporting Documentation); and

(ii) any Commonwealth, state, territory or local government agency or relevant authority,

(each a “Relevant Person”); and

(b) disclose to any Relevant Person or to any agent or affiliate of the Department involved in the assessment or processing of this Application:

(i) that the Applicant has made the Application;

(ii) the information contained in the Application or any Supporting Documentation; and

(iii) the information collected under clause 7.1(a),

limited to the extent that the Department requires to assess, verify or determine the Application or administer the Rebate.

7.2. The Applicant authorises any Relevant Person to disclose to the Department and its authorised representatives any information about the Applicant that the Department requires to assess, verify or determine the Application.

7.3. The Department and its authorised representatives may use any personal information provided in the Application or in any Supporting Documentation or which is obtained from any Relevant Person to verify, assess or determine the Application or to administer the Rebate.

7.4. Without limiting the foregoing, the Department and its authorised representatives may collect, use and disclose the personal information provided in this Application in accordance with the Department’s privacy policy, available at: https://www.wa.gov.au/privacy