ACIS Administration (Registration for the Purpose of the Act) Guidelines 2001

Overview

The ACIS Administration (Registration for the Purpose of the Act) Guidelines 2001 were enacted to provide specific instructions on the registration and deregistration processes under the ACIS Administration Act 1999. This legislative instrument was issued by Nicholas Hugh Minchin, the Minister for Industry, Science and Resources, and commenced on 23 April 2001 upon gazettal. The Guidelines are designed to be considered by the Secretary when deciding whether to register an applicant or deregister a participant, ensuring that the registration process aligns with the purposes of the Act, particularly focusing on increasing competitive investment and innovation, as well as sustainable growth in the Australian automotive industry. These guidelines thus play a critical role in maintaining the integrity and effectiveness of the assistance provided under the Act.

Scope and Application

The ACIS Administration (Registration for the Purpose of the Act) Guidelines 2001 apply to decisions made by the Secretary under the ACIS Administration Act 1999 regarding the registration and deregistration of participants in the Automotive Competitiveness Improvement Program (ACIS). These Guidelines are specifically directed towards assessing whether the registration of an applicant or the ongoing registration of a participant would further the objectives of the Act, which include enhancing competitive investment and innovation within the Australian automotive industry, and fostering its sustainable growth. The Guidelines outline specific circumstances under which it is likely that an applicant’s registration would not contribute to these goals, such as when related companies are expected to re-merge into a single entity after the program concludes, or when a company lacks a genuine and enduring commitment to the automotive industry. The Guidelines have a national reach, as they pertain to the ACIS Administration Act 1999, which is a Commonwealth Act. They do not explicitly state exclusions or thresholds but provide criteria that the Secretary must consider when making registration and deregistration decisions. The Guidelines do not themselves create new legal rights or obligations but offer interpretive guidance to ensure that the Act's purposes are adhered to within the scope of ACIS. The application of these Guidelines can be extended or clarified through subordinate instruments, although this specific legislative instrument does not detail such provisions.

Key Provisions

The ACIS Administration (Registration for the Purpose of the Act) Guidelines 2001 (section 1) outline the parameters under which the Secretary of the Department of Industry, Science and Resources must consider registration and deregistration of applicants and participants under the ACIS Administration Act 1999 (section 4). These guidelines specifically address the considerations for registering an applicant (section 5) and deregistering a participant (section 6). The guidelines commence upon gazettal (section 2) and apply the definition of the 'Act' as the ACIS Administration Act 1999 (section 4). The guidelines impose an obligation on the Secretary to consider whether registering an applicant (section 5(1)) or deregistering a participant (section 6(1)) would further the purpose of the Act. This includes assessing whether the assistance provided under ACIS would contribute to an increase in competitive investment or innovation in the Australian automotive industry, or to the sustainable growth of the industry (sections 5(1)(a), (b) and 6(1)(a), (b)). The guidelines further specify circumstances under which it is more likely than not that assistance would not contribute to the Act's purpose, such as when companies applying for registration were part of a single entity before 1 January 1999 and are likely to reform as a single entity post-ACIS (section 7(1)), or when a company did not exist or start carrying on business before 1 January 1999 and is unlikely to continue after ACIS (section 7(2)(a)). The Guidelines do not explicitly state offences, penalties, or consequences for non-compliance. However, the implications of not adhering to these guidelines could potentially lead to improper registration or deregistration decisions, which might result in misallocation of resources or failure to achieve the Act's purpose. Such non-compliance might also lead to administrative or legal scrutiny, although specific penalties are not detailed within the guidelines themselves.