ACIS Administration Act 1999 (Cth)
This compilation was prepared on 19 April 2011
taking into account amendments up to Act No. 5 of 2011
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
ACIS Administration Act 1999 .
This Act commences immediately after the commencement of the
Customs Tariff Amendment (ACIS Implementation) Act 1999 .
The purpose of this Act is to provide transitional assistance to encourage competitive investment and innovation in the Australian automotive industry in order to achieve sustainable growth, both in the Australian market and internationally, in the context of trade liberalisation.
(1) This Act sets up ACIS for the purpose set out in section 3. Under ACIS, participants receive duty credit which can be applied against customs duty payable, or paid, on certain eligible imports (item 41E of Schedule 4 to the Tariff and subsection 74A(1) of this Act).
(1A) There are 2 stages in ACIS:
(a) Stage 1—the period commencing on the scheme commencement date and ending 31 December 2005; and
(b) Stage 2—the period commencing on 1 January 2006 and ending on 31 December 2010.
(2) Each ACIS Stage has a cap on the value of certain duty credit that may be entered in the ACIS ledger in respect of that stage. The stage caps are as follows:
(a) ACIS Stage 1—$2,000,000,000;
(b) ACIS Stage 2—$2,000,000,000.
There are also personal limits on each participant in respect of each ACIS year (see section 54).
(2A) In ACIS Stage 2, the stage cap will be divided into separate funding pools—one for MVPs and the other for participants who are not MVPs (see section 55).
(3) In ACIS Stage 2, the R&D scheme operates to provide to MVPs, within the funding pool for MVPs, duty credits that are unmodulated type J investment credits (see Part 5A).
(3A) Participants can receive duty credits in respect of an ACIS Stage if the cap for that stage has not already been reached. Duty credits issued in respect of a particular ACIS Stage may be applied:
(a) to the importation of eligible imports; or
(b) against the customs duty a person has already paid if the duty was paid in respect of the importation, on or after 1 January 2001, of eligible imports.
(3B) Duty credit issued in respect of a particular ACIS Stage expires if the duty credit has not been applied against customs duty:
(a) during the particular stage; or
(b) on or before 31 December of the calendar year next following the stage (see section 74A).
(4) Under ACIS, certain persons may apply for registration under the scheme (Part 2).
(5) Once registered, a participant has an obligation to make quarterly returns in accordance with Part 3.
(6) On the basis of such returns, a participant is eligible to earn unmodulated credit (Part 4 and the R&D scheme for unmodulated type J investment credit) depending on:
(a) the participant’s production of motor vehicles, engines or engine components (MVPs only); and
(b) the participant’s investment in certain plant and equipment and research and development.
(7) The scheme provides for a modulation process (Part 5) under which unmodulated credit (except unmodulated uncapped production credit and unmodulated type J investment credit), is converted into modulated credit. The modulation process has regard to the stage caps for ACIS.
(8) Duty credit is modulated credit, unmodulated uncapped production credit or unmodulated type J investment credit that has been entered in the ACIS ledger.
(9) The ACIS ledger is dealt with in Part 6.
(10) Duty credit can be:
(a) transferred to another person (Part 7); or
(b) applied to the importation of certain eligible imports (the Secretary may restrict the uses to which certain kinds of modulated credit can be put (Part 7)); or
(ba) applied against an earlier payment of duty on such eligible imports (Part 7); or
(c) offset against an amount of unearned credit liability imposed on a person in respect of unearned duty credit (Part 9).
(11) Under the scheme, there are powers of audit (Part 8).
(12) Certain unearned duty credit can be recovered as provided for in Part 9.
(13) Part 10 sets out document retention obligations (section 108) and obligations to update business plans on a regular basis (section 109).
(14) Participants may be deregistered in the circumstances set out in Part 11.
(15) Part 12 provides for administrative review of certain decisions.
(16) Part 13 provides for delegation of powers and the making of regulations.
(1) Chapter 2 of the
Criminal Code applies to all offences against this Act.(2) A maximum penalty that is specified:
(a) at the foot of a section of this Act (other than a section that is divided into subsections); or
(b) at the foot of a subsection of this Act;
indicates that a person who contravenes the section or subsection is guilty of an offence against the section or subsection that is punishable, on conviction, by a penalty up to that maximum.
Note 1: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.Note 2: If the specified penalty is imprisonment only, section 4B of the
Crimes Act 1914 allows the court to impose a fine instead of imprisonment or in addition to imprisonment.
(1) In this Act:
ACIS means the Automotive Competitiveness and Investment Scheme established by section 13.
ACIS ledger means the ledger established by the Secretary under section 62.
ACIS Stage means ACIS Stage 1 or ACIS Stage 2.
ACIS Stage 1 means the period commencing on the scheme commencement date and ending on 31 December 2005.
ACIS Stage 2 means the period commencing on 1 January 2006 and ending on 31 December 2010.
ACIS year means the year commencing on the scheme commencement date and each succeeding year before the year commencing 1 January 2011.
ACP means a person registered as an automotive component producer under section 26. Note: Not all automotive component producers are eligible for registration as ACPs.
allowable , in relation to plant and equipment or research and development, is defined in section 6A.
AMTP means a person registered as an automotive machine tool or automotive tooling producer under section 26.Note: Not all automotive machine tool or automotive tooling producers are eligible for registration as AMTPs.
approved form means a form approved under section 8.
approved plant and equipment is defined in section 6A.
approved research and development is defined in section 6A.
ASP means a person registered as an automotive service provider under section 26.Note: Not all automotive service providers are eligible for registration as ASPs.
automotive component means any component (whether its construction or assembly has been completed or not):
(a) that is for use in any type of vehicle that, if imported, would be classified to Chapter 87 of Schedule 3 to the Tariff; or
(b) that has the essential character of a component to which paragraph (a) applies;
other than a component of a kind that is declared by the regulations not to be an automotive component.
automotive machine tools means machine tools of a kind declared by the regulations to be automotive machine tools for the purposes of this Act.
automotive services means design, development, engineering or production services of a kind declared by the regulations to be automotive services for the purposes of this Act.
automotive tooling means tooling of a kind declared by the regulations to be automotive tooling for the purposes of this Act.
duty credit means any of the following that has been entered in the ACIS ledger:
(a) modulated capped production credit;
(b) unmodulated uncapped production credit;
(c) modulated investment credit;
(d) unmodulated type J investment credit.
However, it does not include such a credit that has expired.
eligible imports means:
(a) goods described in column 2 of item 41E of Schedule 4 to the Tariff; or
(b) goods that would have been goods so described if their importation had been by a person who owned and applied duty credits as mentioned in that column of that item.
eligible investments means:
(a) in relation to an MVP—type A, type B or type C investments by the MVP; or
(b) in relation to an ACP—type D or type E investments by the ACP; or
(c) in relation to an AMTP—type F or type G investments by the AMTP; or
(d) in relation to an ASP—type H or type I investments by the ASP.
engine means an engine that:
(a) is designed to propel a motor vehicle; and
(b) has been fitted by its producer with a crankshaft;
whether that engine is a dressed or undressed engine, whether it is a short or long engine and whether it is a finished or unfinished engine.
engine components means goods that, if imported, would be classified to Schedule 3 to the Tariff as follows:
(a) parts for engines classified to heading 8409;
(b) balance shafts, camshafts, crankshafts, plain shaft bearings, flywheels and pulleys classified to heading 8483;
(c) oil pumps, fuel pumps and water pumps classified to heading 8413;
(d) starter motors, alternators and ignition equipment classified to heading 8511;
(e) engine management systems classified to heading 8537 or 9032;
(f) automatic voltage regulators classified to heading 9032;
(g) ignition wiring sets classified to heading 8544.
expires , in relation to a duty credit, has the meaning given by subsection 74A(3).
final quarter means:
(a) for ACIS Stage 1—the quarter ending on 31 December 2005; and
(b) for ACIS Stage 2—the quarter ending on 31 December 2010.
for the MVP’s own use , in relation to type B investment and type C investment, has the meaning provided for in the regulations, if regulations have been made under subsection (4).Note: Subsection (4) provides for regulations to be made stating when automotive components (other than engines or engine components), automotive machine tools or automotive tooling produced by an MVP or automotive services provided by an MVP are taken to be produced or provided for the MVP’s own use.
insolvent under administration means a person who:
(a) under the
Bankruptcy Act 1966 or the law of an external Territory, is a bankrupt in respect of a bankruptcy from which the person has not been discharged; or(b) under the law of an external Territory or the law of a foreign country, has the status of an undischarged bankrupt;
and includes:
(c) a person any of whose property is subject to control under:
(i) section 50 or Division 2 of Part X of the
Bankruptcy Act 1966 ; or(ii) a corresponding provision of the law of an external Territory or the law of a foreign country; or
(d) a person who has, at any time during the preceding 3 years, executed a personal insolvency agreement under:
(i) Part X of the
Bankruptcy Act 1966 ; or(ii) the corresponding provisions of the law of an external Territory or the law of a foreign country.
investment undertaken by a participant has a meaning affected by:
(a) regulations, if regulations have been made under subsection (5); and
(b) section 6C and any regulations made under section 6C.
maximum claimable value , in relation to allowable plant and equipment or allowable research and developmentof a kind, is defined in section 6A.
modulated ACP, AMTP or ASP investment credit , in relation to a quarter and an ACP, AMTP or ASP, means the unmodulated investment credit (if any) worked out in relation to that quarter and that ACP, AMTP or ASP, modulated in accordance with section 59.
modulated capped production credit , in relation to a quarter and an MVP, means the unmodulated capped production credit (if any) worked out in relation to that quarter and that MVP, modulated in accordance with section 56.
modulated credit means:
(a) modulated capped production credit; and
(c) modulated investment credit.
modulated investment credit means:
(a) modulated MVP investment credit; and
(b) modulated ACP, AMTP or ASP investment credit.
modulated MVP investment credit , in relation to a quarter and an MVP,means the unmodulated investment credit (if any) worked out in relation to that quarter and that MVP, modulated in accordance with section 57.
monitoring warrant means a warrant issued under section 92.
motor vehicle means any vehicle (other than a used vehicle):
(a) that has a gross vehicle weight of not more than 3.5 tonnes; and
(b) that, if imported, would be classified to:
(i) a subheading of heading 8702 or 8703 (other than 8703.10) of Schedule 3 to the Tariff; or
(ii) subheading 8704.21, 8704.31 or 8704.90 of Schedule 3 to the Tariff.
motor vehicle producer means a person who undertakes the production of motor vehicles or engines.
MVP meansa person registered as a motor vehicle producer under section 26.Note: Not all motor vehicle producers are eligible for registration as MVPs.
MVP production , in relation to a quarter and to an MVP, means the completion in that quarter by the MVP of the production of:
(a) motor vehicles; or
(b) engines; or
(c) engine components.
original equipment means:
(a) an automotive component for use in the production of a motor vehicle or an engine by a motor vehicle producer; or
(b) an automotive component designed to the specifications of a motor vehicle producer and purchased by that producer for post assembly fitment to a motor vehicle.
participant , in relation to ACIS, means a person registered as an MVP, ACP, AMTP or ASP.Note: Person includes a group (see subsection 6(3)).
passenger motor vehicle means any motor vehicle that, if imported, would be classified to any of the following subheadings of Schedule 3 to the Tariff:
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production has the meaning given in section 7.
production value means:
(a) in relation to MVP production achieved by a particular MVP—the value of that production; or
(b) in relation to an automotive component produced by a particular ACP—the value of that automotive component; or
(c) in relation to an automotive machine tool, or automotive tooling, produced by a particular AMTP—the value of that tool or tooling; or
(d) in relation to an automotive service provided by a particular ASP—the value of that service;
worked out in accordance with regulations made for the purpose of this definition.
provided in Australia has the meaning given in subsection 7(7).
quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October of a year.
R&D scheme means the scheme the Minister formulates under subsection 60A(1).
registration quarter , in relation to a person in respect of whom the Secretary has decided to grant an application for registration as a participant, means the quarter in which the registration took effect, or is taken to have effect, under section 28.
relevant quarter , in relation to a participant who provides a return for a particular quarter as such a participant under section 35, means each of the quarters included within the period comprising:
(a) if that particular quarter is the registration quarter for that participant—the 8 quarters preceding that registration quarter; and
(b) if that particular quarter is the first quarter following the registration quarter for that participant—the 9 quarters preceding that particular quarter; and
(c) if that particular quarter is the second quarter following the registration quarter for that participant—the 10 quarters preceding that particular quarter; and
(d) if that particular quarter is any later quarter following the registration quarter for that participant—the 11 quarters preceding that particular quarter.
sale has a meaning affected by subsection (2).
sales value , in relation to goods sold and services provided by a participant, means the value of the goods sold or services provided less, in the case of goods, any sales tax payable on those goods.
scheme commencement date means 1 January 2001 unless, before that date, an earlier date, which must be the first day of a calendar year, is proclaimed for the purposes of this definition.
Secretary means the Secretary of the Department.
services includes the provision, grant or conferral of any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities under a contract, for which remuneration is payable in the form of a royalty or similar exaction.
specified load‑carrying vehicle means a motor vehicle that, if imported, would be classified to subheading 8704.21, 8704.31 or 8704.90 of Schedule 3 to the Tariff.
Tariff means theCustoms Tariff Act 1995 .
type A investment , in relation to a quarter and an MVP, means investment undertaken by the MVP in that quarter (whether or not that quarter preceded, or in part preceded, the MVP’s registration) in that part of the MVP’s approved plant and equipment used to produce motor vehicles, engines or engine components.Note 1: See regulations made under subsection (5) for when particular investment undertaken by an MVP is treated as having occurred.
Note 2: See section 6C for when investment undertaken by a person can be treated as investment undertaken by another person who is an MVP.
type B investment , in relation to a quarter and an MVP, means investment undertaken by the MVP in that quarter (whether or not that quarter preceded, or in part preceded, the MVP’s registration) in that part of the MVP’s approved plant and equipment used:
(a) to produce automotive components (other than engines or engine components); or
(b) to produce automotive machine tools or automotive tooling; or
(c) to facilitate the provision of automotive services;
other than for the MVP’s own use.
Note 1: See regulations made under subsection (5) for when particular investment undertaken by an MVP is treated as having occurred.
Note 2: See section 6C for when investment undertaken by a person can be treated as investment undertaken by another person who is an MVP.
type C investment , in relation to a quarter and an MVP, means investment undertaken by the MVP in that quarter (whether or not that quarter preceded, or in part preceded, the MVP’s registration) in that part of the MVP’s approved research and development that is directed:
(a) at the production of automotive components (other than engines or engine components); or
(b) at the production of automotive machine tools or automotive tooling; or
(c) at facilitating the provision of automotive services;
other than for the MVP’s own use.
Note 1: See regulations made under subsection (5) for when particular investment undertaken by an MVP is treated as having occurred.
Note 2: See section 6C for when investment undertaken by a person can be treated as investment undertaken by another person who is an MVP.
type D investment , in relation to a quarter and an ACP, means investment undertaken by the ACP in that quarter (whether or not that quarter preceded, or in part preceded, the ACP’s registration) in that part of the ACP’s approved plant and equipment that:
(a) is used to produce automotive components, automotive machine tools or automotive tooling; or
(b) is used to facilitate the provision of automotive services.
Note 1: See regulations made under subsection (5) for when particular investment undertaken by an ACP is treated as having occurred.
Note 2: See section 6C for when investment undertaken by a person can be treated as investment undertaken by another person who is an ACP.
type E investment , in relation to a quarter and to an ACP, means investment undertaken by the ACP in that quarter (whether or not that quarter preceded, or in part preceded, the ACP’s registration) in that part of the ACP’s approved research and development that is directed:
(a) at the production of the automotive components, automotive machine tools or automotive tooling; or
(b) at facilitating the provision of automotive services.
Note 1: See regulations made under subsection (5) for when particular investment undertaken by an ACP is treated as having occurred.
Note 2: See section 6C for when investment undertaken by a person can be treated as investment undertaken by another person who is an ACP.
type F investment , in relation to a quarter and to an AMTP, means investment undertaken by the AMTP in that quarter (whether or not that quarter preceded, or in part preceded, the AMTP’s registration) in that part of the AMTP’s approved plant and equipment that:
(a) is used to produce automotive machine tools or automotive tooling; or
(b) is used to facilitate the provision of automotive services.
Note 1: See regulations made under subsection (5) for when particular investment undertaken by an AMTP is treated as having occurred.
Note 2: See section 6C for when investment undertaken by a person can be treated as investment undertaken by another person who is an AMTP.
type G investment , in relation to a quarter and to an AMTP, means investment undertaken by the AMTP in that quarter (whether or not that quarter preceded, or in part preceded, the AMTP’s registration) in that part of the AMTP’s approved research and development that is directed:
(a) at the production of the automotive machine tools or automotive tooling; or
(b) at facilitating the provision of automotive services.
Note 1: See regulations made under subsection (5) for when particular investment undertaken by an AMTP is treated as having occurred.
Note 2: See section 6C for when investment undertaken by a person can be treated as investment undertaken by another person who is an AMTP.
type H investment , in relation to a quarter and to an ASP, means investment undertaken by the ASP in that quarter (whether or not that quarter preceded, or in part preceded, the ASP’s registration) in that part of the ASP’s approved plant and equipment that is directed at facilitating the provision of automotive services.Note 1: See regulations made under subsection (5) for when particular investment undertaken by an ASP is treated as having occurred.
Note 2: See section 6C for when investment undertaken by a person can be treated as investment undertaken by another person who is an ASP.
type I investment , in relation to a quarter and to an ASP, means investment undertaken by the ASP in that quarter (whether or not that quarter preceded, or in part preceded, the ASP’s registration) in that part of the ASP’s approved research and development that is directed at facilitating the provision of automotive services.Note 1: See regulations made under subsection (5) for when particular investment undertaken by an ASP is treated as having occurred.
Note 2: See section 6C for when investment undertaken by a person can be treated as investment undertaken by another person who is an ASP.
type J investment , in relation to a quarter falling in ACIS Stage 2 and an MVP, means investment undertaken by the MVP:
(a) in that quarter; and
(b) in that part of the MVP’s research and development that is allowed under the R&D scheme.
Note 1: See regulations made under subsection (5) for when particular investment undertaken by an MVP is treated as having occurred.
Note 2: See section 6C for when investment undertaken by a person can be treated as investment undertaken by another person who is an MVP.
unearned credit liability means a liability imposed under theACIS (Unearned Credit Liability) Act 1999 .
unmodulated capped production credit , in relation to a quarter and to an MVP, means the unmodulated capped production credit (if any) worked out in relation to that quarter and that MVP in accordance with subsection 42(2).
unmodulated investment credit :
(a) in relation to a quarter and to an MVP—means the unmodulated investment credit worked out in relation to that quarter and that MVP in accordance with section 43, 44 or 45; or
(b) in relation to a quarter and an ACP—means the unmodulated investment credit worked out in relation to that quarter and that ACP in accordance with section 46 or 47; or
(c) in relation to a quarter and an AMTP—means the unmodulated investment credit worked out in relation to that quarter and that AMTP in accordance with section 48 or 49; or
(d) in relation to a quarter and an ASP—means the unmodulated investment credit worked out in relation to that quarter and that ASP in accordance with section 50 or 51.
unmodulated type J investment credit , in relation to a quarter falling in ACIS Stage 2, means the credit worked out in relation to that quarter and an MVP under the R&D scheme.
unmodulated uncapped production credit , in relation to a quarter and to an MVP, means the unmodulated uncapped production credit (if any) worked out in relation to that quarter and that MVP in accordance with subsection 42(1).
warrant premises , in relation to a monitoring warrant, means the premises to which the warrant relates.
(2) For the purposes of this Act, the regulations may specify:
(a) circumstances in which a sale of goods or services is taken to have occurred; and
(b) circumstances in which a sale of goods or services is taken not to have occurred.
(3) For the purposes of this Act, a reference to a person registered as an MVP, ACP, AMTP or ASP includes a reference to a group that is so registered in accordance with Division 4 of Part 2.
Regulations may provide for the meaning of for the MVP’s own use in the definitions of type B investment and type C investment
(4) For the purposes of the definition of
type B investment and the definition oftype C investment , the regulations may state the circumstances in which:
(a) automotive components (other than engines or engine components), automotive machine tools or automotive tooling produced by an MVP are to be taken to be produced
for the MVP’s own use ; and(b) automotive services provided by an MVP are to be taken to be provided
for the MVP’s own use .
Regulations may state when investment undertaken by a participant is taken to have occurred
(5) The regulations may state:
(a) at what point in time, and in what circumstances, particular investment undertaken by a participant is taken to have occurred for the purposes of this Act; and
(b) at what point of time investment determined under section 6C to be investment undertaken by a participant is taken to have occurred.
Note: See the definitions of each type of eligible investment.
Outline of what approved plant and equipment and approved research and development is
(1) There are 2 aspects to approved plant and equipment or approved research and development:
(a) firstly, the plant and equipment or research and development must be allowable plant and equipment or allowable research and development; and
(b) secondly, the allowable plant and equipment or allowable research and development is only allowed to a given value—the maximum claimable value in respect of that plant and equipment or research and development.
Meaning of defined terms relating to approved plant and equipment or approved research and development
(2) In this Act:
allowable , in relation to plant and equipment or research and development, means plant and equipment or research and development of a kind declared by the regulations to be allowable.
approved plant and equipment means allowable plant and equipment of the maximum claimable value allowed.
approved research and development means allowable research and development of the maximum claimable value allowed.
maximum claimable value , in relation to allowable plant and equipment or allowable research and development of a kind, means a value in respect of the allowable plant and equipment or the allowable research and development either:
(a) worked out using a particular method set out in the regulations in respect of that kind of allowable plant and equipment or allowable research and development; or
(b) stated in the regulations in respect of that kind of allowable plant and equipment or allowable research and development.
Regulations may provide for certain matters relating to plant and equipment
(3) The regulations may provide for:
(a) the kinds of plant and equipment that are allowable plant and equipment under this Act; and
(b) in respect of each kind of allowable plant and equipment, either:
(i) the method of calculating the maximum claimable value of that kind of allowable plant and equipment for the purposes of this Act; or
(ii) the amount that is to be the maximum claimable value in relation to that kind of allowable plant and equipment for the purposes of this Act.
Regulations may provide for certain matters relating to research and development
(4) The regulations may provide for:
(a) the kinds of research and development that are allowable research and development under this Act; and
(b) in respect of each kind of allowable research and development, either:
(i) the method of calculating the maximum claimable value of that kind of allowable research and development for the purposes of this Act; or
(ii) the amount that is to be the maximum claimable value in relation to that kind of allowable research and development for the purposes of this Act.
If approved plant and equipment is sold by, or on behalf of, a participant, the investment in that plant and equipment is to be treated, for the purposes of the operation of sections 43, 44, 46, 48 and 50, with effect from the start of the quarter in which that sale took place, as if the investment had never occurred.
Outline of section
(1) This section allows the Secretary, in limited circumstances, to treat investment undertaken by a person who may or may not be a participant (the
original investor ) as eligible investment undertaken by another person who is a participant (theparticipant ). For investment to be treated in this way:
(a) the participant must apply, in an approved form, to the Secretary; and
(b) the Secretary must make a determination under subsection (3) that the circumstances of the relationship between the original investor and the participant fall within the kinds of circumstances set out in guidelines made under subsection (2); and
(c) the Secretary must make a determination of a kind referred to in subsection (4) or (5) in respect of the investment.
Guidelines dealing with the circumstances of the relationship between the original investor and the participant
(2) The Minister may make guidelines setting out the circumstances in which the relationship between 2 persons are circumstances in which the Secretary may make a determination under subsection (3).
Secretary to first determine if original investor and participant’s circumstances fall within guidelines
(3) The Secretary must examine the circumstances of the relationship between the original investor and the participant. If, after examining the circumstances, the Secretary is satisfied that the circumstances fall within the circumstances set out in the guidelines made under subsection (2), the Secretary may make a determination to that effect. Only after making that determination may the Secretary make a determination under subsection (4) or (5), as appropriate.
Eligible investment undertaken by original investor when original investor was a participant
(4) If:
(a) the original investor was a participant at the time that the investment was undertaken; and
(b) the investment was eligible investment of a particular type; and
(c) the Secretary is satisfied that it is reasonable in all of the circumstances to allow the investment to be treated as eligible investment of that type undertaken by the participant;
the Secretary may determine in writing that the eligible investment is taken to be eligible investment of that type undertaken by the participant. The determination has effect accordingly.
Original investor not a participant when investment made
(5) If:
(a) the original investor was not a participant at the time the investment was undertaken; and
(b) the Secretary is satisfied that:
(i) if the investment had been undertaken by a participant, the investment would be eligible investment of a type specified by the Secretary; and
(ii) it is reasonable in all of the circumstances to allow the investment by the original investor to be treated as eligible investment undertaken by the participant;
the Secretary may determine in writing that the investment is:
(c) eligible investment of a type specified by the Secretary; and
(d) taken to be investment of that type undertaken by the participant. The determination has effect accordingly.
Minister may determine guidelines
(6) The Minister may determine guidelines that are to be taken into account by the Secretary in making a decision under subsection (4) or (5).
Guidelines disallowable instruments
(7) Guidelines made under subsections (2) and (6) are disallowable instruments within the meaning of section 46A of the
Acts Interpretation Act 1901 .
Assembly of components can be production
(1) For the purposes of this Act, a person is taken to produce a thing even if the process of production consists entirely of assembling the thing from component parts and the person does not produce any of those component parts.
No production unless sale has occurred
(2) For the purposes of this Act, a person is taken to produce a thing only at the time when the person sells the thing produced.
Production of engines
(3) Subject to subsections (1) and (2), an engine is taken to have been produced in Australia if:
(a) the fitting of the crankshaft into the engine is carried out in Australia; and
(b) the engine has passed final quality control at the end of a production line in Australia.
Production of motor vehicles
(4) Subject to subsections (1) and (2), a motor vehicle is taken to have been produced in Australia if the motor vehicle:
(a) has undergone a process of colour coated painting in Australia; and
(b) has passed final quality control at the end of a production line in Australia.
Production of engine components
(5) Subject to subsections (1) and (2), an engine component is taken to have been produced in Australia if:
(a) at least one substantial process in the manufacture of the component is carried out in Australia; and
(b) the component has passed final quality control at the end of a production line in Australia.
Production of automotive components, automotive machine tools or automotive tooling
(6) Subject to subsections (1) and (2), an automotive component, an automotive machine tool or automotive tooling is taken to have been produced in Australia if:
(a) at least one substantial process in the manufacture of the automotive component, automotive machine tool or automotive tooling is carried out in Australia; and
(b) the automotive component, automotive machine tool or automotive tooling, as the case requires, has passed final quality control at the end of a production line in Australia.
Provision of automotive services
(7) An automotive service is taken to have been provided in Australia if:
(a) the design, development, engineering or production work comprising that service is carried out predominantly in Australia; and
(b) payment has been received for carrying out the service.
The Secretary may approve a form by instrument in writing.
(1) For the purposes of this Act, whenever it is necessary to determine:
(a) the production value or sales value of any motor vehicles, engines or engine components sold by a participant to another person; or
(b) the production value or sales value of any other goods or services sold by a participant to another person;
that production value or sales value is to be determined on the basis that the participant and other person are at arm’s length.
(2) For the purposes of this Act:
(a) whenever it is necessary to determine the value of any investment in plant and equipment, or in research and development, undertaken by a participant; and
(b) that investment involves the participant entering into a transaction with another person;
the value of that investment is to be determined on the basis that the participant and the other person are at arm’s length.
(3) For the purposes of this Act, the Minister may make guidelines:
(a) for the purposes of determining the circumstances when the parties to a transaction referred to in subsection (1) or (2) are to be treated as not being at arm’s length; and
(b) if the parties to a sale of motor vehicles, engines or engine components referred to in paragraph (1)(a) are to be treated, in accordance with the guidelines, as not being at arm’s length—for the purpose of determining what would have been the production value or sales value of the motor vehicles, engines or engine components to which the transaction relates had the parties been at arm’s length; and
(c) if the parties to a sale of other goods or services referred to in paragraph (1)(b) are to be treated, in accordance with the guidelines, as not being at arm’s length—for the purpose of determining what would have been the production value or sales value of the goods or services to which the transaction relates had the parties been at arm’s length; and
(d) if the parties to a transaction relating to an investment in plant and equipment referred to in paragraph (2)(a) are to be treated, in accordance with the guidelines, as not being at arm’s length—for the purpose of determining what would have been the amount of investment in plant and equipment to which the transaction relates had the parties been at arm’s length; and
(e) if the parties to a transaction relating to an investment in research and development referred to in paragraph (2)(b) are to be treated, in accordance with the guidelines, as not being at arm’s length—for the purpose of determining what would have been the amount of investment in research and development to which the transaction relates had the parties been at arm’s length.
(4) Guidelines made for the purposes of subsection (3) are disallowable instruments within the meaning of section 46A of the
Acts Interpretation Act 1901 .
(1) If more than one participant is involved in a transaction giving rise to the issue of modulated credit, unmodulated uncapped production credit or unmodulated type J investment credit, the credit will be issued to only one of those participants.
(2) The Minister must make rules for identifying, in circumstances where more than one participant is involved in a transaction giving rise to the issue of modulated credit, unmodulated uncapped production credit or unmodulated type J investment credit, the participant who is entitled to that credit.
(3) A rule made under subsection (2) is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 .
(1) For the purposes of this Act, a participant has received
other Commonwealth assistance if the participant:
(a) being an MVP, has received and is entitled to financial assistance other than duty credit in relation to the production of motor vehicles, engines or engine components of a kind giving rise to an entitlement to duty credit under this Act; or
(b) being a participant of any kind, has received and is entitled to financial assistance other than duty credit for investment in plant and equipment of a kind giving rise to an entitlement to duty credit under this Act; or
(c) being a participant of any kind, has received and is entitled to financial assistance other than duty credit for investment in research and development of a kind giving rise to an entitlement to duty credit under this Act.
(2) For the purposes of paragraph (1)(a), an MVP is taken to have received and to have been entitled to financial assistance other than duty credit in relation to the production of motor vehicles, engines or engine components of a kind giving rise to an entitlement to duty credit under this Act if that MVP, whether before or after becoming such an MVP, received and was entitled to financial assistance other than duty credit in relation to goods whose later sale completed their production as such motor vehicles, engines or engine components.
(3) The Minister may determine, in writing, that a specified form of assistance provided by the Commonwealth:
(a) is not financial assistance for the purposes of this section; or
(b) is financial assistance for the purposes of this section.
(4) If the determination specifies that a form of assistance is financial assistance, the determination may also specify the method by which the amount of assistance received is to be worked out.
(5) A determination under this section is a disallowable instrument for the purposes of section 46A of the
Acts Interpretation Act 1901 .
(1) This Part establishes ACIS and sets out the basis on which persons can participate in the scheme.
(2) Division 2 establishes ACIS.
(3) Division 3 contains rules concerning the number of registrations a person can have under ACIS (Subdivision A) and the effect further registrations may have on a participant’s registration (Subdivision B).
(4) Division 4 provides for groups of companies to be registered as a single entity under ACIS.
(5) Division 5 sets out the formal requirements for applications for registration and the considerations that the Secretary must take into account when deciding whether to grant an application.
(6) Division 6 sets out the ongoing requirements that a participant must achieve to maintain the participant’s registration.
There is established by this Act a scheme to be known as the Automotive Competitiveness and Investment Scheme or ACIS.
A person may only have one current registration under ACIS
(1) A person may only have one current registration under ACIS as either an MVP, ACP, AMTP or ASP.
Participant cannot be registered as a part of a group of related bodies corporate
(2) If a participant is registered as an individual participant under ACIS, a group of related bodies corporate of which the participant is a member must not be registered as a participant while the participant is registered individually.
Rule for members of a group that is a participant
(3) If a participant is a group of related bodies corporate, a member of that group must not be registered as an individual participant under ACIS while:
(a) the member remains a member of the group; and
(b) the group is a participant.
Meaning of group of related bodies corporate
(4) In this section, a reference to a
group of related bodies corporate is a reference to a group of related bodies corporate within the meaning of sections 9 and 50 of the Corporations Law.
(1) This section applies to an applicant for registration under ACIS other than an applicant who has been given permission by the Minister under section 20 to apply for registration.
(2) Even if an applicant to whom this section applies meets the requirements for registration under ACIS, the Secretary, under section 26, must not grant the application for registration unless the Secretary is satisfied that registering the applicant would further the purpose of the Act set out in section 3.
(3) In this section,
requirements for registration under ACIS means all of the registration requirements applicable to an applicant to whom this section applies including the requirements set out in:
(a) if the applicant is applying for registration as an MVP—paragraph 16(1)(a) or (b); or
(b) if the applicant (not being a group of related companies that is treated as a single person in accordance with section 21) is applying for registration as an ACP—paragraph 17(1)(a) or (b); or
(c) if the applicant (being a group of related companies that is treated as a single person in accordance with section 21) is applying for registration as an ACP—paragraph 17(2)(a) or (b); or
(d) if the applicant is applying for registration as an AMTP—paragraph 18(1)(a) or (b); or
(e) if the applicant is applying for registration as an ASP—paragraph 19(1)(a) or (b).
(1) The Minister may make guidelines to be taken into account by the Secretary when making a decision:
(a) under paragraph 26(2)(g) to register an applicant; and
(b) under paragraph 110(5)(c) to deregister a participant.
(2) Guidelines made under subsection (1) are disallowable instruments within the meaning of section 46A of the
Acts Interpretation Act 1901 .
If:
(a) a participant applies for another registration under ACIS; and
(b) the Secretary grants the later application;
the original registration ceases to have effect immediately before the day on which the later application for registration is granted.
(1) A person who is a motor vehicle producer may apply to the Secretary for registration as an MVP if:
(a) in the 12 months preceding that application, the person produced in Australia at least 30,000 motor vehicles or at least 30,000 engines; or
(b) where paragraph (a) does not apply—the person is able to demonstrate, to the satisfaction of the Secretary, that in the 12 months following the application, the person is likely to produce in Australia at least 30,000 motor vehicles or at least 30,000 engines; or
(c) where neither paragraph (a) nor (b) applies—the person has been given permission by the Minister, under section 20, to apply for registration as an MVP.
(2) The application must be made in accordance with Division 5 and conform to any specifications set out in the regulations.
(1) A person (not being a group of related companies that is treated as a single person in accordance with section 21) who is a producer of automotive components may apply to the Secretary for registration as an ACP if:
(a) in the 12 months preceding the application:
(i) the person produced in Australia at least one kind of automotive component for use as original equipment in at least 30,000 motor vehicles or in at least 30,000 engines and the production value of such component was at least $500,000; or
(ii) the production value of the automotive components produced by the person in Australia as original equipment was at least $500,000 and comprised at least 50% of the production value of all automotive components produced by the person; or
(b) where paragraph (a) does not apply—the person is able to demonstrate, to the satisfaction of the Secretary, that in the 12 months following the application:
(i) the person is likely to produce in Australia at least one kind of automotive component for use as original equipment in at least 30,000 motor vehicles or at least 30,000 engines and the production value of such component will be at least $500,000; or
(ii) the production value of the automotive components produced by the person in Australia as original equipment is likely to be at least $500,000 and to comprise at least 50% of the production value of all automotive components produced by the person; or
(c) where neither paragraph (a) nor (b) applies—the person has been given permission by the Minister, under section 20, to apply for registration as an ACP.
(2) A person (being a group of related companies that is treated as a single person in accordance with section 21) who is a producer of automotive components may apply to the Secretary for registration as an ACP if:
(a) in the 12 months preceding the application:
(i) the person produced in Australia at least one kind of automotive component for use as original equipment in at least 30,000 motor vehicles or in at least 30,000 engines and the production value of such component was at least $500,000; and
(ii) the production value of the automotive components produced by the person in Australia as original equipment comprised at least 50% of the production value of all automotive components produced by the person; or
(b) where paragraph (a) does not apply—the person is able to demonstrate, to the satisfaction of the Secretary, that in the 12 months following the application:
(i) the person is likely to produce in Australia at least one kind of automotive component for use as original equipment in at least 30,000 motor vehicles or at least 30,000 engines and the production value of such component will be at least $500,000; and
(ii) the production value of the automotive components produced by the person in Australia as original equipment is likely to comprise at least 50% of the production value of all automotive components produced by the person; or
(c) where neither paragraph (a) nor (b) applies—the person has been given permission by the Minister, under section 20, to apply for registration as an ACP.
(3) An application under subsection (1) or (2) must be made in accordance with Division 5 and conform to any specifications set out in the regulations.
(4) The regulations may provide for the meaning of
at least one kind of automotive component for the purposes of this Act.
(1) A person who is a producer of automotive machine tools or automotive tooling may apply to the Secretary for registration as an AMTP if:
(a) in the 12 months preceding the application:
(i) the production value of automotive machine tools and automotive tooling produced in Australia by that person was at least $500,000; and
(ii) at least 50% of that value was for automotive machine tools and automotive tooling used to produce original equipment; or
(b) where paragraph (a) does not apply—the person is able to demonstrate, to the satisfaction of the Secretary, that in the 12 months following the application:
(i) the production value of automotive machine tools and automotive tooling produced in Australia by that person is likely to be at least $500,000; and
(ii) at least 50% of that value is likely to be for automotive machine tools and automotive tooling used to produce original equipment; or
(c) where neither paragraph (a) nor (b) applies—the person has been given permission by the Minister, under section 20, to apply for registration as an AMTP.
(2) The application must be made in accordance with Division 5 and conform to any specifications set out in the regulations.
(1) A person who is a provider of automotive services may apply to the Secretary for registration as an ASP if:
(a) in the 12 months preceding the application:
(i) the production value of automotive services provided by that person in Australia was at least $500,000; and
(ii) at least 50% of that production value was for services related to the production of motor vehicles or original equipment; or
(b) where paragraph (a) does not apply—the person is able to demonstrate, to the satisfaction of the Secretary, that in the 12 months following the application:
(i) the production value of automotive services proposed to be provided by that person in Australia is likely to be at least $500,000; and
(ii) at least 50% of that production value is likely to be for services related to the production of motor vehicles or original equipment; or
(c) where neither paragraph (a) nor (b) applies—the person has been given permission by the Minister, under section 20, to apply for registration as an ASP.
(2) The application must be made in accordance with Division 5 and conform to any specifications set out in the regulations.
(1) A person may seek the Minister’s permission to apply for registration as a participant on the basis that the registration would be in the national interest.
(2) If the Minister is satisfied that, subject to the person’s meeting all the registration requirements other than the requirements set out in:
(a) if the person seeks permission to apply for registration as an MVP—paragraph 16(1)(a) or (b); or
(b) if the person (not being a group of related companies that is treated as a single person in accordance with section 21) seeks permission to apply for registration as an ACP—paragraph 17(1)(a) or (b); or
(c) if the person (being a group of related companies that is treated as a single person in accordance with section 21) seeks permission to apply for registration as an ACP—paragraph 17(2)(a) or (b); or
(d) if the person seeks permission to apply for registration as an AMTP—paragraph 18(1)(a) or (b); or
(e) if the person seeks permission to apply for registration as an ASP—paragraph 19(1)(a) or (b);
it would be in the national interest for the person to be so registered, the Minister may, by notice in writing, give that permission.
(3) Without limiting, by implication, the matters that the Minister may take into account in determining whether to grant a permission under this section for a person to apply for registration, the Minister may have regard to all or any of the following:
(a) whether the person would have been able to comply with the normal threshold eligibility requirements but for circumstances beyond the person’s control such as a natural disaster, an industrial accident or an industrial dispute;
(b) whether the registration of the person would significantly enhance the competitiveness of the Australian automotive industry;
(c) whether the registration of the person would provide significant benefits either to the Australian automotive industry or to the Australian economy;
(d) whether the registration of the person would introduce significant innovations in the Australian automotive industry;
(e) whether the registration of the person would generate significant employment or investment opportunities in the Australian automotive industry;
(f) whether the registration of the person would have significant strategic, regional or environmental impacts.
(4) To assist the Minister in determining whether to give that permission, the person must produce to the Minister, within a period specified by the Minister:
(a) any information or documents that the Minister considers are likely to be relevant to the Minister’s consideration of the application for that permission; and
(b) a business plan of a kind that will, if the Minister grants the approval to apply for registration, be required to be produced to the Secretary under subsection 23(3).
(5) If the Minister grants a person permission to apply for registration, the Minister must, in the decision granting that permission, set out the conditions to which the permission, and any subsequent registration, is subject, including conditions relating to the ongoing registration of the person.
(6) For the avoidance of doubt, conditions determined by the Minister under subsection (5) do not affect the operation of any provision of this Act that is consistent with those conditions.
(7) A decision of the Minister that it is in the national interest to grant a person permission to make an application for registration is a disallowable instrument under section 46A of the
Acts Interpretation Act 1901 .
(1) A group of related bodies corporate (within the meaning of sections 9 and 50 of the
Corporations Act 2001 ) may apply to the Secretary for permission to seek registration as a participant as if the group were a single person.(2) The application for the Secretary’s permission must:
(a) be in writing; and
(b) be in an approved form; and
(c) contain such information as the form requires; and
(d) be accompanied by such documents as are necessary to establish that the companies are related; and
(e) without limiting the generality of paragraph (b), must nominate the member of the group who:
(i) is to act as the nominated contact person; and
(ii) is to receive duty credit on behalf of the group.
(3) Only a resident of Australia may be specified as the nominated contact person.
(4) The Secretary must deal with the application for permission in accordance with the regulations.
(5) A decision by the Secretary to grant or to refuse permission must be made in writing and, in the case of a refusal, be accompanied by a statement of the reasons for the refusal.
(6) A decision to grant permission must specify the conditions, if any, to which the application is subject.
(7) A decision to grant permission takes effect:
(a) on a day specified in the decision; or
(b) if no day is specified—on the day on which the decision is given.
(1) If the Secretary grants a group permission to make application to be registered as a participant:
(a) the group’s eligibility to make that application for registration; and
(b) if that application for registration is refused—the group’s right to seek review of the decision refusing that application; and
(c) if the application for registration is granted—the group’s rights and liabilities under this Act, under the
Customs Act 1901 (so far as that Act relates to persons registered under this Act), under the Tariff (so far as the Tariff relates to persons registered under this Act) and under theACIS (Unearned Credit Liability) Act 1999 ;are to be determined:
(d) as if the group possessed legal personality; and
(e) as if any act or thing done by or to the nominated contact person were an act or thing done by or to the group.
(2) In dealing with an application by a group given permission to apply for registration as a participant, the Secretary may treat all acts or things done by or to members of the group as if they were acts or things done by or to the group considered together.
(3) If the Secretary is satisfied, at any time, that, in relation to a group of companies given permission to seek registration as a participant or in relation to a group of companies that are so registered:
(a) any company in the group would not be a fit and proper person if that company were making application for registration in its own right; or
(b) any director of a company in the group and any officer or shareholder of a company in the group having the capacity to influence the management of that company, would not be a fit and proper person if that director, officer or shareholder were making application for registration in his or her own right;
the Secretary must decide that the group is not a fit and proper person within the meaning of section 29.
(1) An application for registration as a participant must:
(a) be in writing; and
(b) be in an approved form; and
(c) be accompanied by such documentation (if any) as the form requires; and
(d) be signed in the manner indicated in the form; and
(e) be lodged in accordance with section 24.
(2) Without limiting paragraph (1)(c), an application for registration must include information or documents as required by the form that relates to the applicant’s capability to comply with the document retention obligations under section 108.
(3) Without limiting paragraph (1)(c), an applicant for registration must include a business plan of the applicant, containing such particulars as are required by the form in respect of the period or periods specified in the form.
(4) A period specified in the form in relation to a business plan may commence on or after 1 January 1999.
(1) An application for registration as a participant must be lodged in accordance with this section.
(2) The application may:
(a) be left at a place allocated for lodgment of ACIS applications specified in the approved form; or
(b) be posted by pre‑paid post to a postal address specified in the approved form; or
(c) be sent by electronic facsimile to a facsimile number specified in the approved form.
An application for registration may be made after the commencement of this Act.
(1) The Secretary must examine each application for registration and, as soon as practicable but before the end of the consideration period, determine whether to grant the application.
(2) If the Secretary is satisfied:
(a) that the applicant is eligible to apply for that registration; and
(b) that the applicant has provided the information and documents (if any) required by the approved form; and
(c) that the applicant can comply with the relevant document retention obligations set out in section 108; and
(d) where the applicant is a natural person—that the applicant is a fit and proper person; and
(e) where the applicant is a company—that the company is a fit and proper person; and
(f) where the applicant is a company—that each of the directors, and each officer or shareholder who is in a position to influence the management of the company, is a fit and proper person; and
(g) that registering the applicant would, as required by section 14A, further the purpose of the Act set out in section 3;
the Secretary must grant the application and inform the applicant accordingly.
(3) If the Secretary is not satisfied of a matter set out in paragraphs (2)(a) to (g), the Secretary must inform the applicant, in writing, that the application is refused and provide reasons for that refusal.
(4) For the purposes of subsection (1), the consideration period is the period starting on the day the application is lodged and ending:
(a) unless paragraph (b) applies—60 days after that day; and
(b) if the Secretary requires the applicant, under section 27, to provide further information by a specified day and the applicant duly provides the information or explains why the information cannot be provided—at the end of the period of 60 days referred to in paragraph (a) extended by the period taken to comply with the requirement or provide that explanation.
(1) If the Secretary, on examination of an application, considers that he or she needs further information before being able to make a decision under subsection 26(1), the Secretary may, by notice in writing given to the applicant, require the applicant to provide the information to the Secretary within a period specified in the notice.
(2) If the applicant fails or refuses, within the period specified, either to provide the further information or a reasonable explanation as to why it cannot be so provided, the applicant is taken, at the end of that period, to have withdrawn the application.
(1) If an application for registration (other than an application made following the Minister’s permission, under section 20, to make that application) is granted before the scheme commencement date, the registration has effect on and from the scheme commencement date.
(2) If an application for registration (other than an application made following the Minister’s permission, under section 20, to make that application) is granted on or after the scheme commencement date, the registration has effect on and from the date it was granted.
(3) If:
(a) an application for registration is made following the Minister’s permission, under section 20, to make that application; and
(b) that application is granted before the scheme commencement date;
the registration has effect, subject to subsection (5), on and from:
(c) unless paragraph (d) applies—the scheme commencement date; or
(d) if the Minister’s permission could be disallowed in either House of the Parliament after the scheme commencement date—the last day on which the Minister’s permission could be so disallowed.
(4) If:
(a) an application for registration is made following the Minister’s permission, under section 20, to make that application; and
(b) that application is granted on or after the scheme commencement date;
the registration has effect, subject to subsection (5), on and from:
(c) unless paragraph (d) applies—the date the registration was granted; or
(d) if the Minister’s approval could be disallowed in either House of the Parliament after the date the registration was granted—the last day on which the Minister’s approval could be so disallowed.
(5) If:
(a) an application for registration is made following the Minister’s permission, under section 20, to make that application; and
(b) that application is granted; but
(c) after the grant of the application the Minister’s approval is disallowed in either House of the Parliament;
the registration never comes into effect.
(1) In determining whether, in relation to an application for registration to which paragraph 26(2)(d) or (f) applies, a natural person making the application or otherwise referred to in that paragraph is a fit and proper person, the Secretary must have regard to the following matters:
(a) any conviction of the person of an offence punishable by imprisonment for one year or longer:
(i) against a law of the Commonwealth; or
(ii) against a law of a State or of a Territory;
if that offence was committed within the 10 years immediately before the application for registration under ACIS;
(aa) any conviction of the person of an offence against the law of a foreign country;
(b) whether the person is an insolvent under administration;
(c) whether a misleading statement was made by or in relation to the person in the application for registration;
(d) if the misleading statement was false, whether the person making the statement knew that it was false.
(2) In determining whether, in relation to an application for registration to which paragraph 26(2)(e) relates, the company making the application is a fit and proper person, the Secretary must have regard to the following matters:
(a) any conviction of the company for an offence punishable by a fine of $5,000 or more:
(i) against a law of the Commonwealth; or
(ii) against a law of a State or of a Territory;
(aa) any conviction of the company of an offence against the law of a foreign country;
(b) if that offence was committed within the 10 years immediately before the application for registration under ACIS and at a time when any person who is presently a director of the company, or an officer or shareholder of the company who presently is in a position to influence the management of the company, was such a director, officer or shareholder;
(d) whether the company is under administration within the meaning of the
Corporations Act 2001 ;(e) whether the company has executed a deed of company arrangement under Part 5.3A of that Act that has not yet terminated;
(f) the company is being wound up;
(g) whether a receiver of the property, or part of the property, of the company has been appointed.
(3) Nothing in this section affects the operation of Part VIIC of the
Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).
The ongoing requirement of registration of an MVP is:
(a) unless paragraph (b) applies—that the MVP must produce in Australia, in each period required under section 34, at least 30,000 motor vehicles or at least 30,000 engines; or
(b) if the MVP has been registered following the Minister’s permission, under section 20, to apply for that registration—that the MVP comply with the conditions relating to ongoing registration as specified by the Minister in granting that permission.
Requirement where ACP is not a group
(1) The ongoing requirement of registration of an ACP that is not a group of related companies is:
(a) unless paragraph (b) applies:
(i) that the ACP must produce in Australia, in each period required under section 34, at least one kind of automotive component for use as original equipment in at least 30,000 motor vehicles or in at least 30,000 engines and the production value of such component must be at least $500,000; or
(ii) that the production value of the automotive components produced in Australia in each such period by the ACP as original equipment must be at least $500,000 and comprise at least 50% of the production value of all automotive components produced by the ACP; or
(b) if the ACP had been registered following the Minister’s permission, under section 20, to apply for that registration—that the ACP comply with the conditions relating to ongoing registration specified by the Minister in granting that permission.
Note: Regulations made under subsection 17(4) may provide for the meaning of
at least one kind of automotive component .
Requirement where ACP is a group
(2) The ongoing requirement of registration of an ACP that is a group of related companies is:
(a) unless paragraph (b) applies:
(i) that the ACP must produce in Australia, in each period required under section 34, at least one kind of automotive component for use as original equipment in at least 30,000 motor vehicles or in at least 30,000 engines and the production value of such component must be at least $500,000; and
(ii) that the production value of the automotive components produced in Australia in each such period by the ACP as original equipment must comprise at least 50% of the production value of all automotive components produced by the ACP; or
(b) if the ACP had been registered following the Minister’s permission, under section 20, to apply for that registration—that the ACP comply with the conditions relating to ongoing registration specified by the Minister in granting that permission.
Note: Regulations made under subsection 17(4) may provide for the meaning of
at least one kind of automotive component .
The ongoing requirement of registration of an AMTP is:
(a) unless paragraph (b) applies:
(i) that the production value of the automotive machine tools and automotive tooling produced by the AMTP in Australia, in each period required under section 34, must be at least $500,000; and
(ii) that at least 50% of that production value must have been for automotive machine tools and automotive tooling used to produce original equipment; or
(b) if the AMTP had been registered following the Minister’s permission, under section 20, to apply for that registration—that the AMTP comply with the conditions relating to ongoing registration specified by the Minister in granting that permission.
The ongoing requirement of registration of an ASP is:
(a) unless paragraph (b) applies:
(i) that the production value of automotive services provided by that ASP in Australia, in each period required under section 34, must be at least $500,000; and
(ii) at least 50% of that production value must have been for services related to the production of motor vehicles or original equipment; or
(b) if the ASP had been registered following the Minister’s permission, under section 20, to apply for that registration—that the ASP comply with the conditions relating to ongoing registration specified by the Minister in granting that permission.
(1) This section applies in relation to a participant, other than a participant who is so registered following the Minister’s permission, under section 20, to apply for that registration.
(2) If the registration of a participant to whom this section applies takes effect on the scheme commencement date, the participant must meet the ongoing registration requirement in respect of that registration in each ACIS year.
(3) If the registration of a participant to whom this section applies takes effect after the scheme commencement date, the participant must meet the ongoing registration requirement in respect of that registration in each ACIS year following the ACIS year in which the person’s registration takes effect.
Note 1: Under section 110, a participant is liable to be deregistered if the participant does not comply with this section.
Note 2: Section 28 sets out when a participant’s registration takes effect.
Note 3: Participants registered following the Minister’s permission, under section 20, to apply for that registration, are subject to ongoing registration requirements determined when the Minister granted that permission.
(1) Each participant must:
(a) within 45 days; or
(b) within such longer period as the Secretary, in special circumstances, allows;
after the end of each quarter that ends after:
(c) the scheme commencement date; or
(d) the date that the registration of the person as such a participant has effect;
whichever last occurs, provide a return to the Secretary in respect of that quarter.
(2) Each quarterly return must:
(a) be made in writing, in a manner prescribed by the regulations; and
(b) be in an approved form.
An MVP’s quarterly return must set out:
(a) particulars of all MVP production achieved by the MVP in that quarter and the production value of that production; and
(b) particulars of the expenditure on eligible investments undertaken by the MVP in that quarter; and
(d) particulars of the sales value by the MVP in that quarter of:
(i) motor vehicles, engines and engine components; and
(ii) automotive components (other than engines or engine components) and automotive machine tools and automotive tooling; and
(iii) automotive services; and
(f) particulars of any other Commonwealth assistance within the meaning of section 11 provided in respect of the production referred to in paragraph (a) and the investment referred to in paragraph (b) and, if paragraph (c) is applicable, paragraph (c); and
(g) any other particulars required by the form.
(1) An ACP’s quarterly return must set out:
(a) particulars of the expenditure on eligible investments undertaken by the ACP in that quarter; and
(c) particulars of the sales value by the ACP in that quarter of:
(i) automotive components, automotive machine tools and automotive tooling; and
(ii) automotive services; and
(e) particulars of any other Commonwealth assistance within the meaning of section 11 provided in respect of eligible investments referred to in paragraph (a) and, if paragraph (b) is applicable, paragraph (b); and
(f) any other particulars required by the form.
(2) A return under subsection (1) in respect of the last quarter of an ACIS year must include particulars of the production of automotive components produced by the ACP in that year.
(1) An AMTP’s return must set out:
(a) particulars of the expenditure on eligible investments undertaken by the AMTP in that quarter; and
(c) particulars of the sales value by the AMTP in that quarter of automotive machine tools and automotive tooling; and
(d) particulars of the sales value by the AMTP in that quarter of automotive services; and
(e) particulars of any other Commonwealth assistance within the meaning of section 11 provided in respect of eligible investments referred to in paragraph (a) and, if paragraph (b) is applicable, paragraph (b); and
(f) any other particulars required by the form.
(2) A return under subsection (1) in respect of the last quarter of an ACIS year must include particulars of the production of automotive machine tools and automotive tooling produced by the AMTP in that year.
(1) An ASP’s quarterly return must set out:
(a) particulars of the expenditure on eligible investments undertaken by the ASP in that quarter; and
(c) particulars of the sales value by the ASP, in that quarter of automotive services; and
(e) particulars of any other Commonwealth assistance within the meaning of section 11 provided in respect of eligible investments referred to in paragraph (a) and, if paragraph (b) is applicable, paragraph (b); and
(f) any other particulars required by the form.
(2) A return under subsection (1) in respect of the last quarter of an ACIS year must include particulars of automotive services provided by the ASP in that year.
(1) If a participant, in providing a return for a quarter ending after registration other than the final quarter for an ACIS Stage, fails to cover:
(a) any particular MVP production achieved (in the case of an MVP); or
(b) any particular investment undertaken;
by that participant in that quarter, that production or investment may be covered in the return for the quarter next following that quarter or, if 2 or more quarters for the same ACIS Stage follow that quarter, in either of the 2 quarters next following that quarter.
(2) If production achieved or investment undertaken by a participant is covered in a later return as provided for in subsection (1), it is to be treated, for all purposes of this Act, as if it were production achieved or investment undertaken in the quarter in which it is reported and not in the quarter in which it was actually achieved or undertaken.
(3) If production achieved or investment undertaken by a participant is not covered in a later return as provided for in subsection (1), it is to be treated, for all purposes of this Act, as if it had never been achieved or undertaken.
(4) If a participant, in providing a return in respect of the final quarter for an ACIS Stage, fails to cover any particular:
(a) MVP production achieved (in the case of an MVP); or
(b) investment undertaken;
by that participant in that quarter, that production or investment is to be treated, for all purposes of this Act, as if it had never been achieved or undertaken.
(5) If a participant makes a return in respect of a particular quarter then, for the purposes of that return:
(a) the person is treated as having been in existence for each of the relevant quarters in respect of that quarter whether or not the person was in existence; but
(b) the person is treated as having undertaken no eligible investments in each such relevant quarter unless the person in fact undertook such investments in that relevant quarter.
This Part deals with the working out of unmodulated credits.
Note: Unmodulated type J investment credit is worked out under the R&D scheme.
(1) The Secretary must, as soon as practicable after an MVP provides a return to the Secretary in respect of a quarter, work out the unmodulated uncapped production credit to be issued to the MVP for that quarter in accordance with the formula:
where:
A is the production value of passenger motor vehicles, and specified load‑carrying vehicles, sold in the Australian or New Zealand markets by that MVP in the quarter concerned.Note: The definition of
production value refers toMVP production .MVP production includes production of motor vehicles. A passenger motor vehicle or specified load‑carrying vehicle is a motor vehicle for the purposes of ACIS.
B is 7.5%.
C is the production value of MVP production by that MVP in the quarter concerned (other than passenger motor vehicles, and specified load‑carrying vehicles, that are sold in the Australian or New Zealand markets).
(2) The Secretary must, as soon as practicable after an MVP provides a return to the Secretary in respect of a quarter, work out the unmodulated capped production credit for the MVP for that quarter in accordance with the formula:
where:
A has the meaning provided in subsection (1).
B has the meaning provided in subsection (1).
C has the meaning provided in subsection (1).
CA is the total amount of other Commonwealth assistance (if any) received by the MVP in relation to the production described in component A of the formula and to the production described in component C of the formula.
The Secretary must, as soon as practicable after an MVP provides a return to the Secretary in respect of a quarter, work out the unmodulated investment credit for the MVP for that quarter in relation to type A investment in accordance with the formula:
(ii) as to the amount of any credit to be so issued;
(i) a decision by the Secretary under section 59:
(i) not to issue an ACP, AMTP or ASP with modulated investment credit; or
(ii) as to the amount of any credit to be so issued;
(j) a decision under the R&D scheme:
(i) not to issue an MVP with unmodulated type J investment credit; or
(ii) as to the amount of any credit to be so issued.
(1) If, in respect of a decision (the
original decision ) set out in section 111:
(a) application is made for review of the original decision to:
(i) the Federal Court or the Federal Magistrates Court under the
Administrative Decisions (Judicial Review) Act 1977 ; or(ii) the Federal Court under section 39B of the
Judiciary Act 1903 ; and(b) the court makes a decision in favour of the applicant for review;
the limitations set out in the following subsections apply to the implementation of the court’s decision concerning the original decision.
(2) The court’s decision has effect on and from the day that the court made its decision and not before that date.
(3) If:
(a) the applicant for review is a participant at the time that the court’s decision concerning his or her application is made; and
(b) the court’s decision would result in the applicant being issued with an increased amount of modulated capped production credit, modulated investment credit or unmodulated type J investment credit;
the court’s decision can only be given effect to if:
(c) the stage cap (referred to in section 53) for the stage in respect of when the original decision was made has not been reached; and
(d) the court’s decision is made before the end of the calendar year next following that stage.
(4) If the applicant for review is a participant at the time that the court’s decision concerning his or her application is made:
(a) the decision can only be given effect to if the applicant’s personal 5% limit on sales (section 54) in respect of the ACIS year in which the original decision was made has not been reached; and
(b) if the limit has not been reached, the decision can only be given effect to to the extent of the 5% limit.
(1) If, in respect of a decision (the
original decision ) set out in section 111:
(a) application is made for review of the original decision to the Administrative Appeals Tribunal (AAT); and
(b) the AAT makes a decision in favour of the applicant for review;
the limitations set out in the following subsections apply to the implementation of the AAT’s decision concerning the original decision.
(2) Despite subsection 43(6) of the
Administrative Appeals Tribunal Act 1975 , the AAT’s decision has effect on and from the day that the AAT made its decision and not before that date.(3) If:
(a) the applicant for review is a participant at the time that the AAT’s decision concerning his or her application is made; and
(b) the AAT’s decision would result in the applicant being issued with an increased amount of modulated capped production credit, modulated investment credit or unmodulated type J investment credit;
the AAT’s decision can only be given effect to if:
(c) the stage cap (referred to in section 53) for the stage in respect of which the original decision was made has not been reached; and
(d) the AAT’s decision is made before the end of the calendar year next following that stage.
(4) If the applicant for review is a participant at the time that the AAT’s decision concerning his or her application is made:
(a) the decision can only be given effect to if the applicant’s personal 5% limit on sales (section 54) in respect of the ACIS year in which the original decision was made has not been reached; and
(b) if the limit has not been reached, the decision can only be given effect to to the extent of the 5% limit.
Applications may be made to the Administrative Appeals Tribunal for the review of decisions of the following kinds:
(a) a decision by the Secretary under section 21 to refuse permission to a group of companies to seek registration as a participant as if it were a single person;
(b) a decision by the Secretary under subsection 21(6) to impose conditions on the grant of permission to a group of companies to seek registration as a participant as if it were a single person;
(c) a decision by the Secretary under section 26 to refuse to register a person as an MVP, an ACP, an AMTP or an ASP;
(d) a decision by the Secretary under section 29 that a person is not a fit and proper person;
(e) a decision by the Secretary under paragraph 66(e) that there is an error in the ledger;
(f) a decision by the Secretary under section 68:
(i) to refuse to amend the ledger; or
(ii) to amend the ledger differently to the way specified in the application made under subsection 68(2);
(g) a decision by the Secretary under subsection 110(2) to deregister a participant;
(h) a decision by the Secretary under subsection 110(4) to deregister a participant;
(i) a decision by the Secretary under subsection 110(5) to deregister a participant;
(j) a decision by the Secretary under section 102 that a person is liable to pay an amount of unearned credit liability;
(l) a decision by the Secretary under section 105:
(i) to refuse an application for an extension of time for the payment of unearned credit liability outstanding under section 101; or
(ii) to grant a lesser extension than that applied for.
(1) The Secretary may, by signed writing, delegate to an SES employee in the Department all or any of the Secretary’s powers under this Act.
(2) The Secretary may, by signed writing, delegate to the Chief Executive Officer of Customs the power to amend the ledger under paragraph 66(a) (when duty credit is applied by a person in respect of the importation of eligible imports) or paragraph 66(aa) (when duty credit is applied against previously paid duty).
(3) If the Secretary delegates a power mentioned in subsection (2) to the Chief Executive Officer of Customs, the Chief Executive Officer may, by writing, sub‑delegate the power to an officer of Customs (within the meaning of the
Customs Act 1901 ).(4) Sections 34AA, 34AB and 34A of the
Acts Interpretation Act 1901 apply in relation to the sub‑delegation in a corresponding way to the way in which they apply to a delegation.
The Minister may cause to be published the following information about a participant or a person who was a participant:
(a) that the person is or was a participant and the period of the person’s participation in ACIS;
(b) the amount of duty credit entered in the ACIS ledger in respect of the person and an ACIS year.
The Governor General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Repeal the subsection, substitute:
(2) For the purposes of this section and of any regulations made for the purposes of this section, duty, in relation to goods that have been, or are proposed to be, imported into Australia under Schedule 3 to the Tariff includes an amount paid to a collector on account of the duty that will become payable on those goods.
(3) For the purposes of this section and of any regulations made for the purposes of this section, the amount of duty in respect of which a person may seek a refund, rebate or remission of duty on goods that are imported into Australia under item 41E of Schedule 4 to the Tariff is to be taken to be the sum of:
(a) the amount of money (if any) paid as customs duty on the importation of those goods; and
(b) to the extent that duty credit issued under the
ACIS Administration Act 1999 has been offset against customs duty that would otherwise have been payable in respect of those goods—the amount of customs duty offset by the use of the credit.
Add:
(2) For the purposes of this section and of any regulations made for the purposes of this section, the amount of duty paid on goods that are imported into Australia under item 41E of Schedule 4 to the Tariff is to be taken to be the sum of:
(a) the amount of money (if any) paid as customs duty on the importation of those goods; and
(b) to the extent that duty credit issued under the ACIS Administration Act 1999 has been offset against customs duty that would otherwise have been payable in respect of those goods—the amount of customs duty offset by the use of the credit.
The
For application, saving or transitional provisions made by the
For all relevant information pertaining to application, saving
or transitional provisions
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
139, 1999 | 3 Nov 1999 | 30
Dec 1999 ( | ||
146, 1999 | 11 Nov 1999 | Schedule 1 (item 32): | — | |
194, 1999 | 23 Dec 1999 | Schedule 1: | — | |
149, 2000 | 21 Dec 2000 | 21 Dec 2000 | — | |
55, 2001 | 28 June 2001 | Ss. 4–14 and Schedule 3
(items 6–8): 15 July
2001 ( | Ss. 4–14 [ | |
83, 2002 | 10 Oct 2002 | Schedule 1 (items 1–4): 1 Jan 2001 Remainder: Royal Assent | Sch. 1 (item 5) | |
21, 2003 | 11 Apr 2003 | Schedule 1 (items 1–10): 11 October 2003 | — | |
96, 2003 | 14 Oct 2003 | Schedule 1: 14 Apr 2004 Remainder: Royal Assent | Sch. 1 (items 89, 90) Sch. 1 (items 88, 91) (am. by 94, 2009, Sch. 1 [items 20, 21]) | |
| ||||
| 94, 2009 | 29 Sept 2009 | Schedule 1 (items 20, 21): 1 Jan 2010 | S. 2 (rs. by 136, 2009, Sch. 1 [item 1]) |
| ||||
| 136, 2009 | 15 Dec 2009 | Schedule 1 (item 1): 15 Dec 2009 | — |
80, 2004 | 23 June 2004 | Schedule 1 (items 190,
212, 213 and 215): 1
Dec 2004 ( | Sch. 1 (items 212, 213 and 215) | |
8, 2007 | 15 Mar 2007 | Schedule 4 (item 1): Royal Assent | — | |
25, 2007 | 15 Mar 2007 | 15 Mar 2007 | Sch. 1 (item 4) | |
33, 2009 | 22 May 2009 | Schedule 2 (item 1): 23 May 2009 | — | |
94, 2009 | 29 Sept 2009 | Schedule 1 (items 1–19A): 1 Jan 2010 | S. 2 (rs. by 136, 2009, Sch. 1 [item 1]) Sch. 1 (item 19A) (ad. by 136, 2009, Sch. 1 [item 2]) | |
| ||||
| 136, 2009 | 15 Dec 2009 | 15 Dec 2009 | — |
5, 2011 | 22 Mar 2011 | Schedule 7 (item 2): 19 Apr 2011 | — |
(a) TheACIS Administration Act 1999 was amended by Schedule 1 (item 32) only of thePublic Employment (Consequential and Transitional) Amendment Act 1999 , subsections 2(1)–(3) of which provide as follows:
(1) In this Act,
commencing time means the time when thePublic Service Act 1999 commences.(2) Subject to this section, this Act commences at the commencing time.
(3) If:
(a) an item (the
amending item ) of a Schedule to this Act is expressed to amend another Act (theamended Act ); and(b) the whole of the amended Act is expressed to commence at one time; and
(c) at the time when the
Public Service Act 1999 commences, the amended Act:
(i) has not yet been enacted; or
(ii) has been enacted but has not yet commenced;
then the amending item commences immediately after the commencement of the amended Act.
(b) TheACIS Administration Act 1999 was amended by Schedule 1 only of theFederal Magistrates (Consequential Amendments) Act 1999 , subsections 2(2) of which provides as follows:
(2) If the
ACIS Administration Act 1999 commences after the commencement of section 1 of this Act, Schedule 1 to this Act commences immediately after the commencement of theACIS Administration Act 1999 .The
ACIS Administration Act 1999 came into operation on 30 Dec 1999 (see Gazette 1999, No. S627)
(c) TheACIS Administration Act 1999 was amended by Schedule 3 (items 6–8) only of theCorporations (Repeals, Consequentials and Transitionals) Act 2001 , subsection 2(3) of which provides as follows:
(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the
Corporations Act 2001 .
| |
Provision affected | How affected |
S. 4......................................... | am. Nos. 21 and 96, 2003; No. 94, 2009 |
S. 6......................................... |
|
Ss. 6A–6C.............................. | ad. No. 149, 2000 |
S. 7......................................... | am. No. 149, 2000 |
Subhead. to s. 7(6)................. | am. No. 149, 2000 |
Heading to s. 10..................... | am. No. 96, 2003 |
S. 10....................................... | am. No. 96, 2003 |
S. 14....................................... | rs. No. 149, 2000 |
Ss. 14A, 14B.......................... | ad. No. 149, 2000 |
S. 15....................................... | rs. No. 149, 2000 |
Ss. 17, 18............................... | am. No. 149, 2000 |
S. 21....................................... | am. No. 55, 2001 |
S. 23....................................... | am. No. 149, 2000 |
S. 26....................................... | am. No. 149, 2000 |
S. 29....................................... | am. No. 149, 2000; No. 55, 2001; No. 8, 2007 |
Note to s. 31(1)....................... | ad. No. 149, 2000 |
Note to s. 31(2)....................... | ad. No. 149, 2000 |
S. 32....................................... | am. No. 149, 2000 |
Ss. 35–39............................... | am. No. 149, 2000 |
S. 40....................................... | am. No. 96, 2003 |
S. 41....................................... | rs. No. 96, 2003 |
S. 42....................................... |
|
Note to s. 42(1)....................... | am. No. 83, 2002 |
Ss. 43–45............................... | am. No. 149, 2000 |
Ss. 46, 47............................... | am. No. 149, 2000 |
Ss. 48, 49............................... | am. No. 149, 2000 |
Ss. 50, 51............................... | am. No. 149, 2000 |
S. 52....................................... | am. No. 96, 2003 |
Subhead. to s. 53(2)............... | am. No. 94, 2009 |
S. 53....................................... | rs. No. 96, 2003 |
am. No. 94, 2009 | |
S. 53A.................................... | ad. No. 96, 2003 |
Heading to s. 54..................... | am. No. 96, 2003 |
S. 54....................................... | am. No. 96, 2003 |
Subheads. to s. 54(1)–(3)....... | am. No. 96, 2003 |
S. 55....................................... | am. No. 96, 2003 |
S. 56....................................... | rs. No. 96, 2003 |
S. 57....................................... | am. No. 96, 2003 |
Note to s. 57........................... | ad. No. 96, 2003 |
S. 59....................................... | am. No. 96, 2003 |
Part 5A................................... | ad. No. 96, 2003 |
Ss. 60A, 60B.......................... | ad. No. 96, 2003 |
S. 61....................................... | am. No. 96, 2003 |
S. 62....................................... | am. No. 96, 2003; No. 94, 2009 |
S. 63....................................... | am. No. 96, 2003 |
Heading to s. 64..................... | am. No. 96, 2003 |
S. 64....................................... | am. No. 96, 2003 |
S. 65....................................... | rs. No. 96, 2003 |
S. 66....................................... | am. Nos. 21 and 96, 2003 |
Ss. 68–70............................... | am. No. 96, 2003 |
S. 71....................................... | rs. No. 96, 2003 |
S. 72....................................... | rep. No. 96, 2003 |
S. 74....................................... | rs. Nos. 21 and 96, 2003 |
Div. 1A of Part 7..................... | ad. No. 96, 2003 |
Ss. 74A, 74B.......................... | ad. No. 96, 2003 |
Div. 2A of Part 7..................... | ad. No. 21, 2003 |
rep. No. 96, 2003 | |
S. 75A.................................... | ad. No. 21, 2003 |
rep. No. 96, 2003 | |
Ss. 76, 77............................... | am. Nos. 21 and 96, 2003 |
S. 94....................................... | am. No. 25, 2007 |
S. 95....................................... | rs. No. 25, 2007 |
S. 100..................................... | am. No. 96, 2003 |
S. 109..................................... | am. No. 149, 2000; No. 96, 2003 |
S. 110..................................... | am. No. 149, 2000 |
S. 111..................................... | am. No. 149, 2000; No. 96, 2003 |
Heading to s. 112................... | am. No. 194, 1999 |
S. 112..................................... | am. No. 194, 1999; No. 96, 2003 |
S. 113..................................... | am. No. 96, 2003 |
S. 114..................................... | am. No. 25, 2007 |
S. 115..................................... | am. No. 146, 1999; No. 21, 2003; No. 33, 2009 |
S. 115A.................................. | ad. No. 96, 2003 |
ACIS Administration Amendment Act 2002 (No. 83, 2002)
(1) An MVP may, by notice in writing given to the Secretary, amend a return that was provided to the Secretary before the commencement of this item to take account of the amendments made by this Schedule.
Note: The amendments made by this Schedule operate retrospectively back to the scheme commencement date, which was 1 January 2001.
(2) If the Secretary becomes aware (whether because of receiving an amendment of a return, or otherwise) that a calculation made under section 42 of the
ACIS Administration Act 1999 before the commencement of this item is not correct because it does not take account of the amendments made by this Schedule, the Secretary must, as soon as practicable:
(a) amend that calculation to take account of those amendments; and
(b) amend the ACIS ledger accordingly.
ACIS Administration Amendment Act 2003 (No. 96, 2003)
A person who was a participant in ACIS immediately before the commencement of this item continues to be a participant during ACIS Stage 2 unless:
(a) the participant is deregistered under Part 11 of the
ACIS Administration Act 1999 ; or(b) the participant notifies the Secretary that the person ceases to be a participant.
89
Modulations made under section 56 of the ACIS Administration Act 1999 A modulation of unmodulated capped production credit in relation to an MVP made under section 56 of the
ACIS Administration Act 1999 immediately before its repeal and substitution by item 39 of this Schedule, continues in force as if the modulation was made under the substituted section 56.
90
Application of amendments made by items 79 to 86 Items 79 to 86 apply to an application for review of an original decision under section 112 or 113 of the
ACIS Administration Act 1999 that is made on or after the commencement of this item.
The amendment made by item 87 applies as follows:
(a) in relation to a participant who was a participant immediately before item 87 commences, the Minister may publish the information referred to in that item in respect of an ACIS year in ACIS Stage 2;
(b) in relation to a person who becomes a participant on or after the commencement of item 87, the Minister may publish the information referred to in that item from the day that the person becomes a participant in ACIS.
Bankruptcy Legislation Amendment Act 2004 (No. 80, 2004)
212
Transitional—pre‑commencement deeds and compositions (1) For the purposes of this item, if a deed of assignment or a deed of arrangement was executed by a debtor and a trustee under Part X of the
Bankruptcy Act 1966 before the commencement of this item, the deed is apre‑commencement deed .(2) For the purposes of this item, if a composition was accepted before the commencement of this item by a special resolution of a meeting of creditors under section 204 of the
Bankruptcy Act 1966 , the composition is apre‑commencement composition .(3) Despite the repeals and amendments made by Parts 1 and 2 of this Schedule:
(a) the
Bankruptcy Act 1966 and regulations under that Act; and(b) the Acts amended by Part 2 of this Schedule;
continue to apply, in relation to:
(c) a pre‑commencement deed; and
(d) a pre‑commencement composition; and
(e) any matter connected with, or arising out of:
(i) a pre‑commencement deed; or
(ii) a pre‑commencement composition;
as if those repeals had not happened and those amendments had not been made.
(1) For the purposes of this item, if:
(a) an authority given by a debtor under section 188 of the
Bankruptcy Act 1966 became effective before the commencement of this item; and(b) as at the commencement of this item, none of the following had happened:
(i) the execution by the debtor and the trustee of a deed of assignment under Part X of the
Bankruptcy Act 1966 ;(ii) the execution by the debtor and the trustee of a deed of arrangement under Part X of the
Bankruptcy Act 1966 ;(iii) the acceptance of a composition by a special resolution of a meeting of the debtor’s creditors under section 204 of the
Bankruptcy Act 1966 ;the authority is a
pre‑commencement authority .(2) Despite the repeals and amendments made by Parts 1 and 2 of this Schedule:
(a) the
Bankruptcy Act 1966 and regulations under that Act; and(b) the Acts amended by Part 2 of this Schedule;
continue to apply, in relation to:
(c) a pre‑commencement authority; and
(d) the control of the debtor’s property following a pre‑commencement authority becoming effective; and
(e) a meeting of the debtor’s creditors called under a pre‑commencement authority; and
(f) whichever of the following is applicable:
(i) a deed of assignment executed after the commencement of this item by the debtor and the trustee under Part X of the
Bankruptcy Act 1966 in accordance with a special resolution of such a meeting;(ii) a deed of arrangement executed after the commencement of this item by the debtor and the trustee under Part X of the
Bankruptcy Act 1966 in accordance with a special resolution of such a meeting;(iii) a composition accepted after the commencement of this item by a special resolution of such a meeting; and
(g) any other matter connected with, or arising out of:
(i) a pre‑commencement authority; or
(ii) a deed of assignment mentioned in subparagraph (f)(i); or
(iii) a deed of arrangement mentioned in subparagraph (f)(ii); or
(iv) a composition mentioned in subparagraph (f)(iii);
as if those repeals had not happened and those amendments had not been made.
(1) The regulations may make provision for matters of a transitional nature arising from the amendments made by Parts 1 and 2 of this Schedule.
(2) The Governor‑General may make regulations for the purposes of subitem (1).
ACIS Administration Amendment (Unearned Credit Liability) Act 2007 (No. 25, 2007)
The amendments made by this Schedule apply in relation to duty credits issued in respect of a quarter after the final quarter for ACIS Stage 1.
ACIS Administration Amendment Act 2009 (No. 94, 2009)
(1) The amendments made by items 12 to 14 of this Schedule apply to working out unmodulated uncapped production credit to be issued for a quarter beginning on or after 1 January 2010.
(2) The amendments made by items 15 and 16 of this Schedule apply to working out unmodulated capped production credit for a quarter beginning on or after 1 January 2010.
0
0
0