ACIS Administration (Commonwealth Financial Assistance) Determination 2005 (Cth)
ACIS Administration (Commonwealth Financial Assistance) Determination 2005
I, IAN ELGIN MACFARLANE, Minister for Industry, Tourism and Resources, make this Determination under subsections 11 (3) and (4) of the ACIS Administration Act 1999.
Dated 19 April 2005
IAN MACFARLANE
Minister for Industry, Tourism and Resources
Contents
Part 1Introductory
1Name of Determination 2
2Commencement 2
3ACIS Administration (Commonwealth Financial Assistance) Determination 2000 — revocation 2
4Definitions 2
Part 2Forms of Commonwealth assistance that are financial assistance for section 11 of the Act
5Grants under the Commercial Ready Program 3
6Grants under the R & D Start Program 3
7Grants under the TCF (SIP) Scheme 4
8Duty exemptions under the EPBS 5
Part 3Forms of Commonwealth assistance that are not financial assistance for section 11 of the Act
9Forms of Commonwealth assistance that are not financial assistance for section 11 of the Act 7
Part 1 Introductory
Name of Determination
This Determination is the ACIS Administration (Commonwealth Financial Assistance) Determination 2005.
Commencement
This Determination commences on 1 July 2005.
ACIS Administration (Commonwealth Financial Assistance) Determination 2000 — revocation
The ACIS Administration (Commonwealth Financial Assistance) Determination 2000 is revoked.
Definitions
In this Determination:
Act means the ACIS Administration Act 1999.
Commercial Ready Program means the Commonwealth Government program known as the “Commercial Ready Program” administered by the Department.
Customs means the Australian Customs Service.
EPBS means the Commonwealth Government program known as the “Enhanced Project By-Law Scheme” administered by the Department.
R&D Start Program means the Commonwealth Government program known as the “R&D Start Program” administered by the Department.
TCF (SIP) Scheme means the Textile, Clothing and Footwear Strategic Investment Program Scheme established under the Textile, Clothing and Footwear Strategic Investment Program Act 1999 and administered by the Department.
Note A number of terms used in this Determination are defined in section 6 of the Act, including MVP production, production value, relevant quarter, type A investment and terms used to define other investment types.
Part 2 Forms of Commonwealth assistance that are financial assistance for section 11 of the Act
Grants under the Commercial Ready Program
(1) For paragraph 11 (3) (b) of the Act, grants under the Commercial Ready Program are financial assistance for the purposes of section 11 of the Act.
(2) For subsection 11 (4) of the Act, the amount of assistance by way of grants under the Commercial Ready Program received by a participant in relation to investment in approved research and development (being type C investment, type E investment, type G investment or type I investment) is worked out using the formula:
where:
A is the total amount of the grants received in the quarter concerned.
B is the total amount of the grants received in all relevant quarters preceding that quarter.
RQ is the total number of relevant quarters in relation to that quarter.
Grants under the R & D Start Program
(1) For paragraph 11 (3) (b) of the Act, grants under the R & D Start Program are financial assistance for the purposes of section 11 of the Act.
(2) For subsection 11 (4) of the Act, the amount of assistance by way of grants under the R & D Start Program received by a participant for investment in approved research and development (being type C investment, type E investment, type G investment or type I investment) is worked out using the formula:
where:
F is the total amount of the grants received in the quarter concerned.
G is the total amount of the grants received in all relevant quarters preceding that quarter.
RQ is the total number of relevant quarters in relation to that quarter.
Grants under the TCF (SIP) Scheme
(1) For paragraph 11 (3) (b) of the Act, grants under the TCF (SIP) Scheme are financial assistance for the purposes of section 11 of the Act.
(2) For subsection 11 (4) of the Act, the amount of assistance by way of grants under the TCF (SIP) Scheme received by a participant in relation to type A investment is worked out using the formula:
where:
D is the total amount of the grants received in the quarter concerned in relation to type A investment.
E is the total amount of the grants received in all relevant quarters preceding that quarter in relation to type A investment.
RQ is the total number of relevant quarters in relation to that quarter.
(3) For subsection 11 (4) of the Act, the amount of assistance by way of grants under the TCF (SIP) Scheme received by a participant in relation to type B investment, type D investment, type F investment or type H investment is worked out using the formula:
where:
D is the total amount of the grants received in the quarter concerned in relation to type B investment, type D investment, type F investment or type H investment.
E is the total amount of the grants received in all relevant quarters preceding that quarter type in relation to type B investment, type D investment, type F investment or type H investment.
RQ is the total number of relevant quarters in relation to that quarter.
(4) For subsection 11 (4) of the Act, the amount of assistance by way of grants under the TCF (SIP) Scheme received by a participant in relation to type C investment, type E investment, type G investment or type I investment is worked out using the formula:
where:
F is the total amount of the grants received in the quarter concerned in relation to type C investment, type E investment, type G investment or type I investment.
G is the total amount of the grants received in all relevant quarters preceding that quarter in relation to type C investment, type E investment, type G investment or type I investment.
RQ is the total number of relevant quarters in relation to that quarter.
Duty exemptions under the EPBS
(1) For paragraph 11 (3) (b) of the Act, duty exemptions granted under the EPBS for imported goods are financial assistance for the purposes of section 11 of the Act.
(2) For subsection 11 (4) of the Act:
(a) if approval for the duty exemption is granted to a participant before the goods have been imported; or
(b) if:
(i) a duty is paid by a participant and subsequently refunded by Customs; and
(ii) the amount of duty paid by the participant is claimed under ACIS as part of type A investment, type B investment, type D investment, type F investment or type H investment;
the amount of assistance by way of duty exemptions received by the participant is worked out by treating the amount as zero.
Note If approval for a duty exemption is granted before the goods are imported, duty is not paid on the import. Since the participant has received no practical assistance under the assistance scheme, there is no amount of duty exemption that can be treated as assistance.
If an amount of duty that is paid is subsequently refunded, and the participant has not claimed the duty under ACIS as part of an investment, there is also no duty paid in practice. Since the participant has received no practical assistance under the assistance scheme, there is no amount of duty exemption that can be treated as assistance.
(3) For subsection 11 (4) of the Act, if:
(a) approval for the duty exemption is granted to a participant after the goods have been imported; and
(b) a duty is paid by the participant and subsequently refunded by Customs; and
(c) the amount of duty paid is claimed under ACIS as part of type A investment;
the amount of assistance, by way of import duties refunded by Customs, received by the participant in relation to type A investment is worked out using the formula:
where:
H is the total amount of import duties refunded by Customs in the quarter concerned in relation to type A investment.
RQ is the total number of relevant quarters in relation to that quarter.
(4) For subsection 11 (4) of the Act, if:
(a) approval for the duty exemption is granted to a participant after the goods have been imported; and
(b) a duty is paid by the participant and subsequently refunded by Customs; and
(c) the amount of duty paid is claimed under ACIS as part of type B investment, type D investment, type F investment or type H investment;
the amount of assistance, by way of import duties refunded by Customs, received by the participant in relation to type B investment, type D investment, type F investment or type H investment is worked out using the formula:
where:
I is the total amount of import duties refunded by Customs in the quarter concerned in relation to type B investment, type D investment, type F investment or type H investment.
RQ is the total number of relevant quarters in relation to that quarter.
Part 3 Forms of Commonwealth assistance that are not financial assistance for section 11 of the Act
Forms of Commonwealth assistance that are not financial assistance for section 11 of the Act
For paragraph 11 (3) (a) of the Act, the following forms of assistance provided by the Commonwealth are not financial assistance for the purposes of section 11 of the Act:
(a) the income tax concession, known as the R&D tax concession, in respect of research and development activities as set out in the following provisions:
(i) sections 73B to 73Z of the Income Tax Assessment Act 1936;
(ii) Subdivision 20-A of the Income Tax Assessment Act 1997;
(iii) Part IIIA of the Industry Research and Development Act 1986;
(b) the income tax concession, known as the Development Allowance, as set out in sections 82AA to 82AQ of the Income Tax Assessment Act 1936;
(c) financial assistance under the program known as Commercialising Emerging Technologies (or “COMET”);
(d) financial assistance under the Commonwealth Government program known as the Cooperative Research Centres Program;
(e) financial assistance under the Strategic Investment Coordination Process;
(f) financial assistance under the Structural Adjustment Fund for South Australia.
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