ACIS Administration (Commonwealth Financial Assistance) Determination 2000
I, NICHOLAS HUGH MINCHIN, Minister for Industry, Science and Resources, make this Determination under subsections 11 (3) and (4) of the ACIS Administration Act 1999.
Dated 29 August 2000
NICK MINCHIN
Minister for Industry, Science and Resources
Part 1 Introductory
1 Name of Determination
This Determination is the ACIS Administration (Commonwealth Financial Assistance) Determination 2000.
2 Commencement
This Determination commences on 1 September 2000.
3 Definitions
In this Determination:
Act means the ACIS Administration Act 1999.
EFS credits means credits received under the Export Facilitation Scheme.
Export Facilitation Scheme means the scheme known as the Export Facilitation Scheme provided under the Commonwealth Government program known as the Administrative Arrangements to the Year 2000 for the Automotive Industry administered by the Department.
PMV Producers’ Entitlement means the passenger motor vehicle producers’ 15% entitlement to duty free importation provided under the Commonwealth Government program known as the Administrative Arrangements to the Year 2000 for the Automotive Industry 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 other investment types.
Part 2 Forms of Commonwealth assistance that are financial assistance for section 11 of the Act
4 Allowances under the PMV Producers’ Entitlement
(1) Duty free entry under the PMV Producers’ Entitlement is financial assistance for the purposes of section 11 of the Act.
(2) The amount of assistance received by way of duty free entry under the PMV Producers’ Entitlement by a participant in relation to MVP production is worked out in accordance with the formula:
A B 25%
where:
A is the production value of the MVP production included in returns used to measure the value and usage of the PMV Producers’ Entitlement.
B is the general tariff rate applying to imports of passenger motor vehicles at the time the sales of MVP production mentioned in component A of the formula took place.
Note Determining the amount of financial assistance received in relation to MVP production is relevant for the purpose of working out unmodulated capped production credit under subsection 42 (2) of the Act.
5 Credits under the Export Facilitation Scheme
(1) EFS credits are financial assistance for the purposes of section 11 of the Act.
(2) The amount of assistance received by way of EFS credits by a participant for a quarter in relation to MVP production is worked out in accordance with the formula:
A B
where:
A is the production value of the MVP production that has received EFS credits.
B is the general tariff rate applying to imports of passenger motor vehicles at the time the sales of MVP production mentioned in component A of the formula took place.
Note Determining the amount of financial assistance received in relation to MVP production is relevant for the purpose of working out unmodulated capped production credit under subsection 42 (2) of the Act.
6 Grants under the R & D Start Program
(1) Grants under the R & D Start Program are financial assistance for the purposes of section 11 of the Act.
(2) The amount of assistance by way of grants under the R & D Start 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 in accordance with 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.
7 Grants under the TCF (SIP) Scheme
(1) Grants under the TCF (SIP) Scheme are financial assistance for the purposes of section 11 of the Act.
(2) The amount of assistance received by way of grants under the TCF (SIP) Scheme by a participant in relation to type A investment is worked out in accordance with 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) The amount of assistance received by way of grants under the TCF (SIP) Scheme by a participant in relation to type B investment, type D investment, type F investment or type H investment is worked out in accordance with 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) The amount of assistance received by way of grants under the TCF (SIP) Scheme by a participant in relation to type C investment, type E investment, type G investment or type I investment is worked out in accordance with 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.
Part 3 Forms of Commonwealth assistance that are not financial assistance for section 11 of the Act
8 Forms of Commonwealth assistance that are not financial assistance for section 11 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 sections 73B, 73C and 73CB, and sections 73D to 73G, of the Income Tax Assessment Act 1936, Subdivision 20-A of the Income Tax Assessment Act 1997 and 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 (COMET) administered by the Department;
(d) financial assistance under the Commonwealth Government program known as the Cooperative Research Centres Program administered by the Department;
(e) financial assistance under the Strategic Investment Coordination Process, coordinated through Invest Australia within the Department;
(f) financial assistance under the Commonwealth Government program known as the Technology Diffusion Program administered by the Department.