Automotive Industry Authority Act 1984 (Cth)

Automotive Industry Authority Act 1984

Act No. 106 of 1984 as amended

This compilation was prepared on 9 November 2000

taking into account amendments up to Act No. 168 of 1992

The text of any of those amendments not in force

on that date is appended in the Notes section

[Note: This Act ceases to have effect at the expiration of

31 December 2000, see section 32]

Prepared by the Office of Legislative Drafting,

Attorney‑General’s Department, Canberra

Contents

An Act to establish an Automotive Industry Authority and to promote the development of motor vehicles, and motor vehicle components, of Australian design

Part I—Preliminary

1Short title [see Note 1]

This Act may be cited as the Automotive Industry Authority Act 1984.

2Commencement [see Note 1]

This Act shall come into operation on a day to be fixed by Proclamation.

3Operation of Industries Assistance Commission Act 1973

This Act has effect subject to the Industries Assistance Commission Act 1973.

4Interpretation

(1)
In this Act, unless the contrary intention appears:
appoint includes re‑appoint.
associate member means an associate member of the Authority.
Authority means the Automotive Industry Authority established by section 5.
automotive development project, in relation to an eligible company, means:
(a)
a project for systematic experimentation or analysis in a field of science or technology carried on with the object of:
(i)
acquiring knowledge that may be of use for the purpose of devising or developing a new or substantially improved eligible product; or
(ii)
applying knowledge for the purpose referred to in subparagraph (i);
(b)
a project for the design of a new or substantially improved eligible product, which may be a project consisting of:
(i)
the re‑design of an eligible product using existing technology;
(ii)
design work that arises from the need to meet the requirements of a particular customer of the company; or
(iii)
design work that is primarily related to the style of an eligible product rather than to the functional characteristics of the product;
(c)
a project for the design of tooling for use principally in the commercial production of a new or substantially improved eligible product; or
(d)
a project for the development of a computer software program intended to enhance the general capability of the company to undertake a project referred to in paragraph (a), (b) or (c);
being a project the performance of which is directly related to the manufacture, or proposed manufacture, in Australia of an eligible product by the company.
automotive industry means industry in Australia that is concerned with the production, distribution and sale of motor vehicles and components of motor vehicles.
automotive industry matters means matters relating to the automotive industry and, in particular, the following matters:
(a)
investment, and the level of Australian equity and managerial participation, in the automotive industry;
(b)
the number and prices of motor vehicles, of particular kinds of motor vehicles, and of components of motor vehicles, produced in Australia and the volume of sales, including sales for export from Australia, of those vehicles and components;
(c)
the number and prices of motor vehicles, of particular kinds of motor vehicles, and of components of motor vehicles, produced in foreign countries and imported into Australia and the volume of sales of those vehicles and components;
(d)
the relativity of the prices referred to in paragraph (b) with the prices referred to in paragraph (c);
(e)
the cost structure of, and production costs in, the automotive industry;
(f)
changes in employment levels in the automotive industry and the manner in which those changes are effected;
(g)
the productivity of labour in the automotive industry and the influence on productivity of work practices in that industry;
(h)
compliance with agreed procedures for resolution of industrial disputes in the automotive industry;
(j)
the research, design and production capabilities within the automotive industry;
(k)
the standard of product quality set or attained by the automotive industry;
(m)
the standard of service provided by the automotive industry to the purchasers of motor vehicles;
(n)
the level of taxes and charges levied by the Commonwealth, the States, the Territories and local governing bodies on the automotive industry and its products;
(p)
the impact of Commonwealth, State and Territory legislation on the automotive industry;
(q)
any other matter or matters relating to the automotive industry considered by the Minister or the Authority to be relevant.
body includes any body of persons, whether incorporated or unincorporated.
cutting, in relation to a metal work‑piece, means removing metal from the work‑piece by mechanical means, but does not include sand‑blasting, grit‑blasting, shot‑blasting or ultrasonic machining.
eligible company means a company:
(a)
that is engaged in the manufacture, in Australia, of eligible products; or
(b)
in respect of which a declaration under section 26B is in force.
eligible product means:
(a)
a motor vehicle included in a class of motor vehicles in respect of which a declaration under section 26A is in force; or
(b)
a component for a motor vehicle referred to in paragraph (a).
forming, in relation to a metal work‑piece, means changing the shape of the work‑piece (without removing metal from the work‑piece by means other than cutting and without melting any portion of the work‑piece) by means of the application of pressure, with or without the application of heat, but does not include:
(a)
the moulding of metal powders;
(b)
the compression of scrap metal into bales or blocks;
(c)
roller‑crushing;
(d)
roller‑grinding; or
(e)
cable‑making.
grant means a grant of financial assistance under a grant agreement.
grant agreement means an agreement entered into under section 26D.
grant year means the year that commenced on 1 July 1984 or any of the 4 next succeeding years.
guideline directions mean directions of the Minister under section 26M.
member means a member of the Authority and includes the senior member.
metal means metal in its solid state.
new, in relation to an eligible product, means not previously produced by the automotive industry.
prescribed machine‑tool means a power‑driven machine tool (including such a tool that is ordinarily operated while wholly held in the hand) for the working of metal solely by means of cutting or forming, or solely by means of cutting and forming, and includes:
(a)
a general‑purpose press; and
(b)
a rolling mill;
but does not include a machine the principal purpose of which is measuring or testing.
senior member means the senior member of the Authority and includes a member acting as senior member.
tooling means a tool, jig or die but does not include a prescribed machine‑tool.
year means a period of 12 months commencing on 1 July.
(2)
For the purposes of this Act:
(a)
where the senior member is a man, he may be referred to as the Chairman; and
(b)
where the senior member is a woman, she may be referred to as the Chairwoman.
(3)
For the purposes of this Act, an eligible company shall be taken to carry out an automotive development project if the eligible company arranges for that project to be carried out.

Part II—Establishment, objects, functions and powers of Authority

5Establishment

There is established by this Act an authority by the name of the Automotive Industry Authority.

6Objects

The objects of the establishment of the Authority are:
(a)
to provide for the monitoring of the performance of, and the outlook for, the automotive industry;
(b)
to encourage the development of the automotive industry in a way that is consistent with the policies of the Commonwealth Government;
(c)
to promote changes in the automotive industry that will improve the efficiency of that industry and, in particular, reduce the dependence of that industry on assistance by the Commonwealth; and
(d)
to provide financial assistance to encourage the development by the automotive industry of motor vehicles, and motor vehicle components, of Australian design.

7Functions

(1)
The functions of the Authority are:
(a)
to conduct investigations into automotive industry matters;
(b)
to monitor and analyse automotive industry matters;
(c)
to prepare and give to the Minister reports in accordance with section 8;
(d)
to consider, and prepare and give to the Minister reports on, automotive industry matters in accordance with section 9;
(e)
to prepare and give to the Minister reports, and make recommendations to the Minister, in accordance with section 10;
(ea)
to administer the scheme established by Part IVA;
(eb)
to make arrangements under section 27A for the carrying out of projects;
(f)
to provide, or to support by way of financial or other assistance, services that could contribute to the improvement in management efficiency in the automotive industry;
(g)
to seek and receive information on automotive industry matters from persons involved in the automotive industry and other persons;
(h)
to consult with State Governments on automotive industry matters;
(j)
to:
(i)
monitor developments outside Australia in the industries concerned with the production, distribution and sale of motor vehicles and components of motor vehicles;
(ii)
monitor the policies followed by the governments of foreign countries in respect of those industries; and
(iii)
provide advice to the Minister on the relevance and possible application in Australia of such policies; and
(k)
such other functions as are conferred on it by an Act.
(2)
In the performance of its functions in relation to any automotive industry matter, the Authority may, so far as it considers it appropriate having regard to the nature of that matter, consult with government, commercial, industrial, consumer and other relevant bodies, including, without limiting the generality of the foregoing, trade unions and associations of road users.
(3)
Financial assistance referred to in paragraph (1)(f) shall be provided out of money appropriated by the Parliament for the purpose.

8Reports on state of automotive industry

(1)
The Authority shall, not later than 31 March in each year after 1985, prepare and give to the Minister a report on the state of the automotive industry during the period of 12 months that ended on the preceding 31 December and on the prospects for the automotive industry during the year in which the report is furnished and during future years.
(2)
A report prepared under subsection (1) shall:
(a)
include an assessment by the Authority of the extent to which the automotive industry has, during the period to which the report relates, made progress towards the achievement of the objectives of the policies of the Commonwealth Government in respect of that industry;
(b)
identify the basis for that assessment; and
(c)
where the Authority considers that there are instances, during that period, of failure by persons involved in the automotive industry to co‑operate with the Authority in the performance of its functions or the exercise of its powers, identify those instances.
(3)
The Minister shall cause a copy of the report given under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister received the report.

9Reports on automotive industry matters

(1)
The Minister may, by notice in writing delivered to the senior member, request the Authority to consider, and prepare and give to the Minister a report on, an automotive industry matter specified in the notice and, where the Minister does so, the Authority shall comply with the request as soon as it is practicable to do so.
(2)
The Authority may, where it considers it appropriate to do so, consider, and prepare and give to the Minister a report on, any automotive industry matter.
(3)
Without limiting the generality of subsection (2), the Authority may:
(a)
prepare and give to the Minister a report on any instance that it considers is an instance of failure by a person involved in the automotive industry to act consistently with the policies of the Commonwealth Government in respect of that industry; and
(b)
where it considers it appropriate to do so, recommend to the Minister that the whole or part of a report referred to in paragraph (a) be published.
(4)
Where, under this section, the Authority is required to, or may, consider, and prepare and give to the Minister a report on, an automotive industry matter, the Authority may, if it considers it appropriate to do so, arrange for members of the staff referred to in subsection 24(1) or other persons, to carry out research in respect of that matter and to prepare a report on that research, and, where the Authority does so, and that report is prepared, the Authority, for the purposes of this Act, shall be taken to have considered that matter and may adopt that report as the report of the Authority on that matter.

10Reports on effect of regulatory policies

(1)
Without limiting the generality of section 9, the Minister may, by notice in writing delivered to the senior member, request the Authority to consider, prepare and give to the Minister a report on, and make recommendations to the Minister on, the effect, on the achievement of the objects of the Authority, of a regulatory policy specified in the notice and, where the Minister does so, the Authority shall comply with the request as soon as it is practicable to do so.
(2)
Without limiting the generality of section 9, the Authority may, where it considers it appropriate to do so, consider, prepare and give to the Minister a report on, and make recommendations to the Minister on, the effect on the achievement of the objects of the Authority of a regulatory policy.
(3)
Where, under this section, the Authority is required to, or may, consider, prepare and give to the Minister a report on, and make recommendations to the Minister on, the effect on the achievement of the objects of the Authority of a regulatory policy, the Authority may, if it considers it appropriate to do so, arrange for members of the staff referred to in subsection 24(1), or other persons, to carry out research in respect of that effect and to prepare a report on that research containing recommendations in relation to that effect, and, where the Authority does so, and that report is prepared, the Authority, for the purposes of this Act, shall be taken to have considered that effect and may adopt that report as the report of the Authority on that effect.
(4)
In this section, regulatory policy means a regulatory policy of the Commonwealth in relation to:
(a)
trade practices;
(b)
consumer protection;
(c)
environmental protection;
(d)
prices surveillance;
(e)
foreign investment in Australia; or
(f)
any other matter.

11Powers

In addition to any other power conferred on it by this Act, the Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

Part III—Constitution and meetings of Authority

12Membership

(1)
The Authority shall consist of:
(a)
a senior member; and
(b)
another member or, where the regulations declare that the Authority is to consist of a prescribed number of members in addition to the senior member, that number of other members.
(2)
The members shall be appointed by the Governor‑General.
(3)
A member may be appointed as a full‑time member or as a part‑time member.
(4)
A member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act, as are determined by the Minister.
(5)
The appointment of a person under subsection (2) is not invalidated and shall not be called into question by reason of a defect or irregularity in, or in connection with, the appointment of that person.
(6)
The Authority may commence to perform its functions and exercise its powers when the senior member or another member has been appointed and the performance of the functions or the exercise of the powers of the Authority is not affected by reason only of a vacancy or vacancies in the membership of the Authority.

13Tenure of office

Subject to this Act, a member holds office for such period, not exceeding 5 years, as is specified in the instrument of appointment of the member, but is eligible for re‑appointment.

14Outside employment

(1)
A member appointed as a full‑time member shall not engage in paid employment outside the duties of the office of the member.
(2)
A member appointed as a part‑time member shall not engage in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the functions of the member.

15Associate members

(1)
The Minister may, by writing signed by the Minister:
(a)
appoint one person to be an associate member of the Authority; or
(b)
where the regulations declare that there may be a prescribed number of associate members of the Authority, appoint a number of persons, not being a number exceeding that prescribed number, to be associate members of the Authority.
(2)
An associate member shall be appointed for:
(a)
such period, not exceeding 5 years, as is specified in the instrument of appointment of the associate member; or
(b)
a period commencing on a day specified in that instrument and ending on the day on which the Authority gives to the Minister a report specified in that instrument;
but is eligible for re‑appointment.
(3)
An associate member:
(a)
may attend, and participate in discussions at:
(i)
such meetings of the Authority as are specified in the instrument of appointment of the associate member; or
(ii)
meetings of the Authority while a matter or matters specified in that instrument is or are being considered; and
(b)
has a deliberate vote:
(i)
at such meetings (if any) of the Authority as are specified in that instrument and at which the associate member is present; or
(ii)
on a matter or matters (if any) specified in that instrument when a vote is taken on that matter or any of those matters, as the case may be, at a meeting of the Authority at which the associate member is present.
(4)
The meetings specified in the instrument of appointment of an associate member for the purposes of subparagraph (3)(a)(i) or (b)(i) may be all meetings of the Authority held while the associate member is an associate member.
(5)
An associate member holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.

16Remuneration and allowances

(1)
The senior member, the other member or members and the associate member or associate members shall be paid:
(a)
such remuneration as is determined by the Remuneration Tribunal; and
(b)
such allowances as are prescribed.
(2)
This section has effect subject to the Remuneration Tribunals Act 1973.

17Disclosure of interests

(1)
The senior member shall give written notice to the Minister of all direct and indirect pecuniary interests that the senior member has, or acquires, in any business carried on in Australia or in any body corporate carrying on any such business.
(2)
Where the senior member has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of the senior member’s functions during a meeting, the interest shall be disclosed in the report resulting from the meeting.
(3)
Where a member (other than the senior member) has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of the member’s functions during a meeting:
(a)
that interest shall be disclosed to the senior member;
(b)
except with the consent of the senior member, the member shall not take part, or continue to take part, in the meeting; and
(c)
if the member takes part, or continues to take part, in the meeting, the interest shall be disclosed in the report resulting from the meeting.
(4)
Where the senior member becomes aware that a member (other than the senior member) has, in relation to a matter that is, or is to be, considered at a meeting, an interest of the kind referred to in subsection (3):
(a)
if the senior member considers that the member should not take part, or should not continue to take part, in the meeting—the senior member shall give a direction to the member accordingly; or

(b)
in any other case—the interest of the member shall be disclosed in the report resulting from the meeting.
(5)
In this section, member includes an associate member.

18Leave of absence

(1)
Subject to section 87E of the Public Service Act 1922, a member has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2)
The Minister may:
(a)
grant a full‑time member leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines; and
(b)
grant a part‑time member leave from attending a meeting or meetings of the Authority.

19Resignation of office

(1)
The senior member may resign the office of senior member by writing signed by the senior member and delivered to the Governor‑General.
(2)
A member may resign the office of member by writing signed by the member and delivered to the Governor‑General.

20Retirement from office

The Governor‑General may, with the consent of the member, retire a member from office on the ground of invalidity.

21Suspension and removal from office

(1)
A member shall not be removed from office except as provided by this section.
(2)
The Governor‑General may suspend a member from office on the ground of misbehaviour or physical or mental incapacity.
(3)
Where the Governor‑General suspends a member from office, the Minister shall cause a statement of the ground of the suspension to be laid before each House of the Parliament within 7 sitting days of the House after the suspension.
(4)
Where such a statement has been laid before a House of the Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the member should be restored to office and, if each House so passes a resolution, the Governor‑General shall terminate the suspension.
(5)
If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the Governor‑General may remove the member from office.
(6)
If a member:
(a)
becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for the benefit of those creditors;
(b)
fails, without reasonable excuse, to comply with the member’s obligations under section 17;
(c)
being a full‑time member, engages in any paid employment outside the duties of the office of the member; or
(d)
being a member appointed as a part‑time member, engages in any paid employment that, in the opinion of the Minister, conflicts with the proper performance of the functions of the member;
the Governor‑General shall remove the member from office.
(8)
A member who is suspended from office under this section is not entitled to be paid any remuneration or allowances in respect of the period of that suspension unless the member is restored to office.

21ARemoval taken to be retirement on ground of invalidity

(1)
If the member:
(a)
is an eligible employee for the purposes of the Superannuation Act 1976; and
(b)
is removed from office under section 21 on the ground of physical or mental incapacity;
for the purposes of that Act, the member is taken to have been retired on the ground of invalidity within the meaning of Part IVA of that Act on the day on which the suspension from office took effect.
(2)
In spite of subsection (1), section 54C of the Superannuation Act 1976 applies in relation to the member.
(3)
If the member:
(a)
is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and
(b)
is removed from office under section 21 on the ground of physical or mental incapacity;
for the purposes of that Act, the member is taken to have been retired on the ground of invalidity within the meaning of that Act on the day on which the suspension from office took effect.
(4)
In spite of subsection (3), section 13 of the Superannuation Act 1990 applies in relation to the member.

21BRetirement on ground of invalidity under the Superannuation Acts

(1)
In spite of anything contained in sections 20 and 21, a member who:
(a)
is an eligible employee for the purposes of the Superannuation Act 1976; and
(b)
has not reached his or her maximum retiring age within the meaning of that Act;
is not capable of being retired from office on the ground of invalidity within the meaning of Part IVA of that Act unless the Commonwealth Superannuation Board of Trustees No. 2 has given a certificate under section 54C of that Act.
(2)
In spite of anything contained in sections 20 and 21, a member who:
(a)
is a member of the superannuation scheme established by deed under the Superannuation Act 1990; and
(b)
is under 60 years of age;
is not capable of being retired from office on the ground of invalidity within the meaning of that Act unless the Commonwealth Superannuation Board of Trustees No. 1 has given a certificate under section 13 of that Act.

22Acting appointments

(1)
The Minister may appoint a member to act as the senior member:
(a)
during a vacancy in the office of senior member, whether or not an appointment has previously been made to the office; or
(b)
during any period, or during all periods, when the senior member is absent from duty or from Australia or is, for any other reason (including the reason that the senior member is suspended from office), unable to perform the duties of the office of senior member;
but a member appointed to act during a vacancy shall not continue so to act for more than 12 months.
(2)
The Minister may appoint a person to act as a member other than the senior member:
(a)
during a vacancy in the office of that member, whether or not an appointment has previously been made to the office; or
(b)
during any period, or during all periods, when that member is absent from duty or from Australia or is, for any other reason (including the reason that the member is acting as senior member or is suspended from office), unable to perform the duties of the office of member;
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.
(3)
While a person is acting as the senior member or as a member other than the senior member, the person has and may exercise all the powers, and shall perform all the functions, of the senior member or of that member, as the case may be.
(4)
An appointment of a person under subsection (1) or (2) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.
(5)
The Minister may:
(a)
determine the terms and conditions of appointment including remuneration and allowances, of a person acting as the senior member or as a member other than the senior member; and
(b)
terminate such an appointment at any time.
(6)
Where:
(a)
a person is acting as the senior member in accordance with paragraph (1)(b); or
(b)
a person is acting as a member other than the senior member in accordance with paragraph (2)(b);
and that office becomes vacant while that person is so acting, then, subject to subsection (4), that person may continue so to act until the Minister otherwise directs, the vacancy is filled or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.
(7)
The appointment of a person to act as the senior member or as a member other than the senior member ceases to have effect if the person resigns that appointment by writing signed by the person and delivered to the Minister.
(8)
The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for the person’s appointment had not arisen, that there was a defect or irregularity in or in connection with the appointment, that the appointment had ceased to have effect or that the occasion for the person to act had not arisen or had ceased.

23Meetings

(1)
The senior member shall convene such meetings of the Authority as the senior member considers necessary for the efficient performance of the Authority’s functions.
(2)
Meetings of the Authority shall be held at such places as the senior member determines.
(3)
The senior member shall preside at all meetings of the Authority.
(4)
The Authority shall keep records of its meetings.
(5)
Subject to this Act, the senior member may give directions regarding the procedure to be followed at or in connection with a meeting of the Authority.
(6)
At a meeting of the Authority:
(a)
the senior member and one other member form a quorum;
(b)
all questions shall be decided by a majority of votes of the members present and voting; and
(c)
the senior member has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(7)
Where a majority of the members sign a document containing a statement that they are in favour of a resolution in terms set out in the document, a resolution in those terms shall be deemed to have been passed at a duly constituted meeting of the Authority held on the day on which the document was signed, or, if the members sign the document on different days, on the day on which the document was last signed by a member.
(8)
For the purposes of subsection (7), 2 or more separate documents containing statements in identical terms each of which is signed by one or more members shall together be deemed to constitute one document containing a statement in those terms signed by those members on the respective days on which they signed the separate documents.

Part IV—Staff and consultants

24Staff

(1)
Subject to sections 25 and 26, the staff required to assist the Authority in the performance of its functions shall be persons appointed or employed under the Public Service Act 1922.
(2)
The senior member has all the powers of, or exercisable by, a Secretary of a Department of the Australian Public Service under the Public Service Act 1922, so far as those powers relate to the branch of the Australian Public Service comprising the staff referred to in subsection (1), as if that branch were a separate Department of the Australian Public Service.

25Arrangements relating to staff [see Note 2]

(1)
The Authority may arrange with the Secretary of a Department of the Australian Public Service for the services of officers or employees in the Department to be made available to the Authority.
(2)
The Authority may enter into an arrangement with the appropriate authority of a State for the services of officers or employees of the Public Service of the State, or of a body established for a public purpose by or under a law of a State (including a local governing body), to be made available to the Authority.
(3)
The Authority may arrange with a body (other than a body referred to in subsection (2)) for the services of officers or employees of the body to be made available to the Authority.
(4)
While a person is performing services for the Authority in pursuance of an arrangement under this section, that person shall perform his or her functions and duties in accordance with the directions of the Authority or of a person (if any) referred to in subsection 24(2) and not otherwise.
(5)
In this section, State includes the Northern Territory.

26Engagement of consultants

(1)
The Authority may engage as consultants to the Authority persons having suitable qualifications and experience.
(2)
The terms and conditions of engagement of the persons engaged under subsection (1) are such as are determined by the Authority.

Part IVA—Motor vehicles and components development grants scheme

26AEligible products

The Minister may, by notice in writing published in the Gazette, declare a class of motor vehicles specified in the notice to be a class of eligible products for the purposes of this Act.

26BEligible company

(1)
Where a company satisfies the Authority that the company intends to engage in the manufacture of eligible products in Australia, the Authority may, by resolution, declare that company to be an eligible company for the purposes of this Act.
(2)
Where, within the period of 12 months commencing on the day on which a declaration under this section in respect of a company came into force, that company did not enter into a grant agreement, the Authority may, by resolution, revoke that declaration.

26CExpenditure

In ascertaining, for the purposes of this Part, the expenditure that has been, or will be, incurred by an eligible company in respect of an automotive development project, the following expenditure shall be disregarded:
(a)
expenditure that was, or will be, incurred outside Australia;
(b)
expenditure that the company has failed to satisfy the Authority was, or will be, necessary in order to carry out the project;
(c)
expenditure that the company has failed to satisfy the Authority it was, or will be, reasonable to incur in carrying out the project.

26DAgreements with respect to projects

(1)
Where:
(a)
an eligible company is carrying out, or proposes to carry out, an automotive development project in Australia; and
(b)
the company applies under section 26F for a grant under this Part in respect of the project;
the Authority may, subject to this Act, to any regulations under this Act and to any guideline directions, enter into an agreement, on behalf of the Commonwealth, with the company for and in relation to the making of a grant of financial assistance under this Part to the company in respect of expenditure incurred, or to be incurred, by the company in respect of the project on or after the day on which the company applied for the grant.
(2)
Subsection (1) does not apply in relation to an automotive development project that is to be commenced after 30 June 1989.

26ETotal amounts allocated and committed under this Part in respect of a year

(1)
The Minister shall, as soon as practicable after the commencement of this Act, by notice in writing to the senior member:
(a)
specify the total amount allocated for grants during the year that commenced on 1 July 1984; and
(b)
specify the total amount of the commitments the Authority may incur during the year.
(2)
The Minister shall, as soon as practicable after each 1 July after the commencement of this Act, by notice in writing to the senior member:
(a)
specify the total amount allocated for grants during the year commencing on that date; and
(b)
if the year is a grant year, specify the total amount of the commitments the Authority may incur during the year.
(3)
The Minister may, during any year commencing on 1 July, by notice in writing to the senior member:
(a)
specify an amount as an additional amount allocated for grants during the year; and
(b)
if the year is a grant year, specify an amount as an additional amount of commitments the Authority may incur during the year.
(4)
In entering into grant agreements, the Authority shall ensure that:
(a)
the total amount of grants payable during a year does not exceed the sum of the amounts specified under paragraphs (1)(a) and (3)(a) or (2)(a) and (3)(a), as the case requires, in respect of that year; and
(b)
if the year is a grant year, the total amount of commitments it incurs during the year does not exceed the sum of the amounts specified under paragraphs (1)(b) and (3)(b) or (2)(b) and (3)(b), as the case requires, in respect of that year.
(5)
In this section, a reference to commitments, in relation to a year, shall be read as a reference to the amounts that will become payable at any time as a result of the Authority entering into grant agreements during that grant year.

26FApplications

(1)
The Authority shall not enter into an agreement with an eligible company under section 26D unless the company has made an application in writing to the Authority for a grant.
(2)
Subject to the regulations, an application shall be in a form approved by the Authority.
(3)
An application shall be deemed not to have been made until it has been received on behalf of the Authority by a member of the staff of the Authority or by a person appointed by the Authority to receive applications.
(4)
The Authority may refuse to consider an application unless the applicant furnishes such further information, or makes available to the Authority such books or records, as the Authority specifies, being information, books or records that the Authority requires for the performance of its functions under this Part.

26GResults of projects to be exploited

The Authority shall not enter into an agreement under section 26D with an eligible company in relation to an automotive development project unless the Authority is satisfied, because of an undertaking given by the eligible company or by another person or otherwise, that the eligible company or another eligible company will exploit, on normal commercial terms, and otherwise in a manner that will be for the benefit of the Australian economy, the results of that project.

26HProvisions of grant agreements

(1)
There shall be specified in a grant agreement:
(a)
the year or years in which any grant is, or grants are, to be payable under the agreement; and
(b)
the amount of the grant or the aggregate of the amounts of the grants payable under the agreement in that year or in each of those years.
(2)
A grant agreement shall not provide for the payment of grants after this Act ceases to have effect.
(3)
Where a grant agreement provides for the payment of grants in each of 2 or more years, the number of those years shall not exceed 5 or such greater number as the Minister approves in relation to that agreement.
(4)
The provisions of a grant agreement shall be such that, unless the Minister otherwise approves in relation to the agreement, the amount of the grant, or of the aggregate of the grants, payable under the agreement, shall not exceed an amount equal to 50% of the total amount that, in the opinion of the Authority, is or will be the expenditure incurred by the company to which the grant is made, after the date of the making of the application in pursuance of which the agreement is entered into, in respect of the automotive development project to which the agreement relates.
(5)
A grant agreement with an eligible company shall include:
(a)
a provision requiring the company to keep, in writing in the English language or in a form in which they are readily accessible and readily convertible into writing in the English language, such accounts, books, documents and other records as correctly record and explain particulars of all expenditure incurred by the company in respect of the automotive development project to which the agreement relates and the application of all grants in respect of the project;
(b)
a provision requiring the company to arrange for a qualified accountant nominated by the company and approved by the Authority:
(i)
to examine, from time to time, the particulars of expenditure of the company referred to in paragraph (a); and
(ii)
to give to the Authority, at intervals specified by the Authority, a certificate stating whether, in the opinion of the accountant, the particulars are correct or not;
(c)
a provision enabling members of the Authority, or persons appointed by the senior member to inspect records for the purpose of this Act, to inspect the records referred to in paragraph (a) at all reasonable times and to make and retain copies of, or take and retain extracts from, those records; and
(d)
a provision requiring the company to keep the Authority informed of the progress of the automotive development project to which the agreement relates.
(6)
The Authority shall not refuse to approve a qualified accountant nominated by an eligible company for the purposes of a provision of a grant agreement referred to in paragraph (5)(b) unless the Authority is satisfied that it is not appropriate to approve the accountant because of an association between the accountant and the eligible company.
(7)
Subject to this Act, to any regulations under this Act and any guideline directions, a grant agreement may include such provisions as the Authority considers necessary.
(8)
Nothing in this Part shall be taken as preventing the inclusion in a grant agreement with an eligible company of a provision for the repayment by the company to the Commonwealth, on breach by the company of the agreement or in any other circumstances specified in the agreement, of the whole or a part of a grant made to the company under the agreement.

(9)
Without prejudice to the duty of the Authority to comply with the provisions of this Act and to observe the limits of its powers under this Act, a grant agreement is not invalidated by reason of a provision of this Act not having been complied with by the Authority in relation to the agreement or by reason of its not being within those limits.

26JAdjustment of grant by reason of financial assistance

Where:
(a)
an eligible company has received financial assistance from, or out of money provided by, the Commonwealth otherwise than under this Act or from, or out of money provided by, a State or a Territory; and
(b)
in the opinion of the Authority that financial assistance has aided the company to carry out an automotive development project;
the Authority may reduce the amount of any grant to the company in respect of that project to such extent as it thinks appropriate by reason of that financial assistance.

26KAbuse of Act

Where the Authority is of the opinion that:
(a)
an act or thing (including the making of an agreement, arrangement or payment, the incorporation of a body corporate or the allocation of expenditure as between different years) has been done with a view to the obtaining of, or to affecting the amount of, a grant; and
(b)
the act or thing is of such a nature that, having regard to the object of the scheme established by this Part, it constitutes an attempt to abuse this Act;
the Authority may, for the purposes of this Part, disregard any expenditure in or in relation to the doing of that act or thing, or make such adjustment to an amount of expenditure incurred by the company in respect of an automotive development project as it thinks necessary to prevent, or cancel or reduce the effects of, the abuse.

26LAdvances in respect of grants

(1)
Subject to subsection (2) and to any guideline directions, the Authority may authorize the payment to an eligible company of an advance in respect of a grant that may become payable to the company.
(2)
The Authority shall not under subsection (1) authorize the payment to an eligible company of an advance in respect of a grant unless the company gives adequate security for the repayment to the Commonwealth by the company of any amount repayable under subsection (3) in relation to the advance.
(3)
Where an advance has been made to an eligible company in pursuance of subsection (1) in respect of a grant, the company is liable, if the grant does not become payable or the amount of the grant is less than the advance, to repay to the Commonwealth, upon demand being made by the Authority, the amount of the advance or so much of the advance as exceeds the amount of the grant, as the case may be.
(4)
Without limiting the rights of the Commonwealth under any security given in respect of an advance made to an eligible company in pursuance of subsection (2), an amount repayable under subsection (3) is recoverable by the Commonwealth from the company in a court of competent jurisdiction as a debt due to the Commonwealth.

26MGuidelines for policies and practices of Authority

(1)
The Minister may, from time to time, by notice in writing delivered to the senior member and expressed to be given under this section, give directions to the Authority with respect to the policies and practices to be followed by the Authority in the performance of its functions, and the exercise of its powers, under this Part (including, without limiting the generality of the foregoing, the policies and practices to be followed by the Authority with respect to the entering into by the Authority of grant agreements and the provisions to be included in such agreements), and the Authority shall comply with any such directions that are in force.
(2)
The Minister shall forthwith cause to be published in the Gazette particulars of any directions given under subsection (1) and of any revocation of any such directions.
(3)
Directions and any revocation of any directions published under subsection (2) shall be laid before each House of the Parliament within 15 sitting days of that House after the publication in the Gazette of the directions or any revocation.
(4)
Nothing in this section authorizes the Minister to give a direction to the Authority in relation to a particular company.

26NOffences

(1)
A person shall not, in or in connection with an application for a grant or otherwise in relation to a grant, knowingly make to the Authority, or to a person having duties or functions under this Part, a statement, whether oral or in writing, or present to the Authority or to such a person a book, record or document, that is false or misleading in a material particular.
Penalty:
(a)
if the offender is a natural person—$2,000 or imprisonment for 12 months, or both; or
(b)
if the offender is a body corporate—$10,000.
(2)
For the purposes of the application of subsection (1) in relation to a body corporate, but without prejudice to the liability of any person other than the body corporate:
(a)
a statement made, or a book or document presented, by a person acting on behalf of the body corporate shall be deemed to be made or presented by the body corporate; and
(b)
the knowledge of any person employed by, or concerned in the management of, the body corporate, shall be deemed to be knowledge of the body corporate.

26PRecovery of grant on conviction

(1)
Where a person is convicted of an offence against subsection 26N(1), the court may, in addition to imposing a penalty under that subsection, order the person to refund to the Commonwealth the amount of any grant wrongfully obtained by the person because of the commission of the offence.
(2)
Where:
(a)
a court makes an order under subsection (1) ordering a person to refund to the Commonwealth the amount of a grant; and
(b)
the court has civil jurisdiction to the extent of the amount;
the order is enforceable in all respects as a final judgment of the court in favour of the Commonwealth.
(3)
Where:
(a)
a court makes an order under subsection (1) ordering a person to refund to the Commonwealth the amount of a grant; and
(b)
the court:
(i)
does not have civil jurisdiction; or
(ii)
has civil jurisdiction, but does not have civil jurisdiction to the extent of the amount;
the proper officer of the court shall issue to the Secretary to the Department a certificate in the prescribed form containing the prescribed particulars.
(4)
The certificate may, in the prescribed manner and subject to the prescribed conditions (if any), be registered in a court having civil jurisdiction to the extent of the amount ordered to be refunded to the Commonwealth.
(5)
Upon registration under subsection (4), the certificate is enforceable in all respects as a final judgment of the court in favour of the Commonwealth.
(6)
The costs of registration of the certificate and other proceedings under this section shall, subject to the prescribed conditions (if any), be deemed to be payable under the certificate.
(7)
In this section, grant includes an advance under section 26L.

26QRecovery of overpayments to a person

(1)
Where an amount of grant to an eligible company has been paid in consequence of the making of a statement, or the presentation of a book, record or document by or on behalf of the company that was, whether or not to the knowledge of the company or the person making the statement or presenting the book, record or document, false or misleading, an amount equal to the amount so paid is, unless a court has made an order under section 26P in respect of that amount, recoverable by the Commonwealth from the company in a court of competent jurisdiction as a debt due to the Commonwealth.
(2)
For the purposes of subsection (1), a certificate under the hand of the senior member that an amount of grant has been paid in consequence of the making of a statement or the presentation of a book, record or document, is prima facie evidence of the matters stated in the certificate.
(3)
In this section, grant includes an advance under section 26L.

26RTransitional

Where:
(a)
a grant agreement has been entered into between the Authority and an eligible company in respect of an automotive development project; and
(b)
the company, on or after 18 October 1984 and before the commencement of this Part, made an application to the Authority for a grant of financial assistance in respect of the project;
expenditure incurred by the company in respect of the project after the day on which it made that application shall, for the purposes of this Act, be deemed to have been incurred after the day on which the application under section 26F for the grant to which the grant agreement relates was made.

26SMoney to be appropriated

Payments of grants and of advances in respect of grants shall be made out of money appropriated by the Parliament for the purposes of the payment of grants and advances under this Part.

Part V—Miscellaneous

27AArrangements by Authority for carrying out industrial research on behalf of Commonwealth

(1)
Where the Minister is satisfied that it is in the public interest that the Commonwealth should carry out a project that, if the Commonwealth were an eligible company, would be an automotive development project, the Minister may authorize the Authority to make arrangements, on behalf of the Commonwealth, for the carrying out of that project.
(2)
Any arrangements made by the Authority by virtue of subsection (1) shall be made in accordance with the directions of the Minister.
(3)
Where there is an application to manufacturing of the results of a project which has been carried out under arrangements made under subsection (1), such application shall be undertaken by a company under a contract entered into by the Commonwealth and that company after tenders for that contract have been invited.

27Annual Report

(1)
The Authority shall, not later than 31 December in each year, prepare and give to the Minister a report on the activities of the Authority during the period of 12 months that ended on the preceding 30 June.
(1A)
Reports under this section:
(a)
shall include statements of the names of eligible companies with which the Authority has entered into grant agreements during the relevant year and the respective amounts of the grants provided for under those agreements;
(b)
shall, subject to subsection 29(1), include information concerning the nature of the automotive development projects in relation to which the Authority has entered into grant agreements during the relevant year;
(c)
shall include:
(i)
statements of the names of persons with whom the Authority has made arrangements under section 27A during the relevant year for the carrying out of projects;
(ii)
statements of the respective amounts of the payments to those persons provided for under those arrangements; and
(iii)
particulars of the progress of those projects; and
(d)
shall include particulars of any guideline directions given during the relevant year.
(2)
The Minister shall cause a copy of the report given under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister received the report.

28Authority may supply information

Subject to section 29, the Authority may, in its discretion, supply to a person information received by it under this Act.

29Confidentiality

(1)
The Authority or a member of the staff of the Authority shall not, except for the purposes of this Act or of the Industrial Research and Development Incentives Act 1976 or unless required or permitted by law to do so, supply information to a person if the supplying of the information would constitute a breach of confidence.
(1A)
Subsection (1) does not apply to the supply of information to:
(a)
the Minister;
(b)
the Secretary to the Department; or
(c)
an officer of the Department designated by the Secretary to the Department.
(2)
In subsection (1), member of the staff of the Authority means:
(a)
a member of the staff referred to in subsection 24(1);
(b)
a person engaged as a consultant under section 26; or
(c)
a person whose services are being made available to the Authority in accordance with arrangements under subsection 25(1), (2) or (3).

30Department may supply information or documents

(1)
The Department may, in its discretion, supply to the Authority information, or a document, that has been supplied to the Department in the course of its administration of a relevant program.
(2)
The supply of information or a document by the Department in accordance with subsection (1) shall not be taken to constitute an authorization or approval, for the purposes of the law relating to defamation or breach of confidence, of the publication by the Authority of the information, or of the document or its contents, as the case may be.
(3)
The supply of a document by the Department in accordance with subsection (1) shall not be taken to constitute an authorization or approval, for the purposes of the law of copyright, of the doing by the Authority of any act comprised within the copyright in:
(a)
any literary, dramatic, musical or artistic work;
(b)
any sound recording, cinematograph film, television broadcast or sound broadcast; or
(c)
a published edition of a literary, dramatic, musical or artistic work;
contained in the document.
(4)
Expressions used in paragraph (3)(a), (b) or (c) have the same meanings as in the Copyright Act 1968.
(5)
In this section, relevant program means a program administered by the Department that is declared by the Minister, by instrument signed by him, to be a relevant program for the purposes of this section.

31Regulations

The Governor‑General may make regulations, not inconsistent with this Act, 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.

32Termination of Act

On the expiration of 31 December 2000, this Act shall cease to have effect.

Notes to theAutomotive Industry Authority Act 1984

Note 1

The Automotive Industry Authority Act 1984 as shown in this compilation comprises Act No. 106, 1984 amended as indicated in the Tables below.

The Automotive Industry Authority Act 1984 was modified by the A.C.T. Self‑Government (Consequential Provisions) Regulations as amended. [see Note 2].

For cessation clause details see section32.

Table of Acts

Act

Number

and year

Date

of Assent

Date of commencement

Application, saving or transitional provisions

Automotive Industry Authority Act 1984	106, 1984	16 Oct 1984	24 Oct 1984 (see Gazette 1984, No. S426) (a)
Automotive Industry Authority Amendment Act 1985	33, 1985	24 May 1985	24 May 1985	—
Public Service and Statutory Authorities Amendment Act 1985	166, 1985	11 Dec 1985	S. 45: 8 Jan 1986 (b)	S. 45(2)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1986	76, 1986	24 June 1986	S. 3: Royal Assent (c)	S. 9
Statute Law (Miscellaneous Provisions) Act 1987	141, 1987	18 Dec 1987	S. 3: Royal Assent (d)	S. 5(1)
Industrial Relations Legislation Amendment Act 1991	122, 1991	27 June 1991	Ss. 4(1), 10(b) and 15‑20: 1 Dec 1988 Ss. 28(b)‑(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No. S332) Remainder: Royal Assent	S. 31(2)
Prime Minister and Cabinet Legislation Amendment Act 1991	199, 1991	18 Dec 1991	18 Dec 1991	—
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 1992	94, 1992	30 June 1992	S. 3: 1 July 1990 Remainder: Royal Assent	—
Industry, Technology and Commerce Legislation Amendment Act 1992	168, 1992	11 Dec 1992	Part 5 (ss. 14, 15): 30 July 1975 Remainder: Royal Assent	—

(a) Section 32 of the Automotive Industry Authority Act 1984 provides as follows:
32.
On the expiration of 31 December 2000, this Act shall cease to have effect.
(b) The Automotive Industry Authority Act 1984 was amended by section 45 only of the Public Service and Statutory Authorities Amendment Act 1985, subsection 2(7) of which provides as follows:
(7)
The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.
(c) The Automotive Industry Authority Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1986, subsection 2(1) of which provides as follows:
(1)
Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(d) The Automotive Industry Authority Act 1984 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(1) of which provides as follows:
(1)
Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Title...........................................	am. No. 33, 1985
S. 4...........................................	am. No. 33, 1985; No. 141, 1987
Ss. 6, 7.....................................	am. No. 33, 1985
S. 8...........................................	am. No. 76, 1986
S. 18.........................................	rs. No. 122, 1991
S. 21.........................................	am. No. 94, 1992
Ss. 21A, 21B.............................	ad. No. 94, 1992
S. 25.........................................	am. No. 199, 1991
S. 26 ........................................	am. No. 166, 1985
Part IVA ................................... (ss. 26A‑26S)	ad. No. 33, 1985
S. 26A.......................................	ad. No. 33, 1985
S. 26B.......................................	ad. No. 33, 1985
am. No. 141, 1987
Ss. 26C‑26S.............................	ad. No. 33, 1985
S. 27A.......................................	ad. No. 33, 1985
S. 27.........................................	am. No. 33, 1985
S. 29.........................................	am. No. 33, 1985
S. 32.........................................	am. No. 168, 1992

Note 2

S. 25(5)—The Automotive Industry Authority Act 1984 was modified by regulation 2 and Schedule 1 of the A.C.T. Self‑Government (Consequential Provisions) Regulations as amended. The modification of Schedule 1 is set out below and is not incorporated in this reprint.

Subsection 25(5) (definition ofState):

After “includes” insert “the Australian Capital Territory and”.