ACIS Stage 2 Motor Vehicle Producer Research and Development Scheme Variation 2006 (No. 1)

Administered by Department of Resources, Energy and Tourism

Legislation au F2007L01448 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Subject - ACIS Administration Act 1999

  ACIS Stage 2 Motor Vehicle Producer Research and Development                              Scheme 2004 (the 2004 Scheme)

 ACIS Stage 2 Motor Vehicle Producer Research and Development Scheme Variation 2006 (No.1 ) (the Variation)

 

The ACIS Administration Act 1999 (the Act) establishes the Automotive Competitiveness and Investment Scheme (ACIS) as a transitional assistance scheme 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.  ACIS rewards eligible activity by registered participants in the form of duty credits which can be used to acquit a Customs duty liability on eligible automotive imports, or can be sold.

 

Section 60A(1) of the Act requires the Minister to formulate a scheme (the MVP R&D Scheme) that will issue, with respect to ACIS Stage 2, duty credits to motor vehicle producers (MVPs) in return for the MVPs undertaking type J investment. The aim of the MVP R&D Scheme is to encourage the Australian automotive industry to invest in high-end R&D technologies.  It is merits based and provided up to $150 million in assistance for successful projects.  The Scheme has now held two rounds and duty credits to the value of $142.8 million have been allocated.

 

Section 60A (2)(b) of the Act states that the MVP R&D Scheme may provide for the number of credits that can be issued under the MVP R&D Scheme. Section 60B (1) allows the Scheme to be varied but not revoked. The MVP R&D Scheme Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Minister has decided that no more rounds for allocation of credits under the MVP R&D Scheme will be held. Rather, the remaining $7.2 million, from the original $150 million allocation, will be used by the industry to establish a Supplier Capability Development Program (SCDP).   

 

Under the SCDP:

 

  1. MVPs will undertake to work with their suppliers and expend equivalent funds on eligible SCDP activities; and
  2. MVP's may expend the funds between 1 January 2007 – 30 June 2008.

 

The unallocated $7.2 million from the MVP R&D Scheme will be returned to the ACIS MVP funding pool from 1 January 2007 by the Variation to the 2004 Scheme. This has been identified as the most efficient method of ensuring the unallocated $7.2 million is returned to the ACIS MVP funding pool from 1 January 2007.

 

The Variation will also omit the Reader's Guide that was incorporated as part of the 2004 Scheme, as it is no longer relevant now that no more rounds are to be held.

 

In accordance with the consultation requirements of Section 17 of the Legislative Instruments Act 2003, the proposed variation was discussed with and has been agreed to by the various stakeholders in the automotive industry as being the preferable method of use of the remaining unallocated funds from the MVP R&D Scheme as this will bring forward distribution of the funds from 2010 to 2007.

 

The proposed variation is to take effect from 1 January 2007.

 

Further details are set out in the following Attachment.
ACIS Stage 2 Motor Vehicle Producer Research and Development Scheme Variation 2006 (No.1)

 

Reader's Guide

 

The Reader's Guide was incorporated as part of the 2004 Scheme and was intended to assist readers of the Scheme.  The Reader's Guide is not part of the legislated Scheme and has no legal force.

 

The proposed Variation will omit the Reader's Guide as it is no longer relevant now that no more rounds of the Scheme are to be held.

 

Section 8

 

Section 8 of the 2004 Scheme sets the amount of credits that are available to be issued under the MVP R&D Scheme.  The MVP R&D Scheme was originally allocated $150 million and section 8 of the 2004 Scheme reflects this.  The MVP R&D Scheme has held two rounds and duty credits to the value of $142.8 million have been allocated to the motor vehicle producers (MVPs) leaving $7.2 million unallocated. 

 

The proposed variation to section 8 will provide that the amount of credits available to be issued under the Scheme will be $142.8 million.

 

The effect of this change is that no further duty credits will be issued under the MVP R&D Scheme. The credits will be returned to the ACIS MVP funding pool from
1 January 2007.

 

It is expected that this variation will affect the ACIS MVP modulation rate from the first quarter of 2007 and allow the $7.2 million to be distributed to the MVPs from this time.

 

The ACIS MVP modulation rate for a quarter (other than the final quarter) is worked out using the steps set out in section 11(8) of the ACIS Administration (Modulation) Guidelines 2006.  One of the steps is to identify "the total funding that has been reserved for the MVP Research and Development Scheme".  The total funding is currently $150 million, however, with the proposed variation the figure that will need to be used in the calculation will be $142.8 million.  This will slightly inflate the MVP modulation rate and allow the unallocated $7.2 million to be distributed to the MVPs much earlier than is currently legislated and thus allow the MVPs to conduct their SDP projects.

Overview

The ACIS Administration Act 1999 was enacted to establish the Automotive Competitiveness and Investment Scheme (ACIS), a transitional assistance scheme aimed at encouraging competitive investment and innovation in the Australian automotive industry. The primary objective of the Act is to foster sustainable growth in the Australian market and internationally, amidst the context of trade liberalisation. The scheme operates by awarding duty credits to registered participants for eligible activities, which can be used to offset Customs duty liabilities on automotive imports or sold. The Act was introduced by the Australian Parliament to address the need for a structured incentive mechanism to support the automotive sector's competitiveness and technological advancement. In 2006, a variation to the 2004 Scheme was enacted to reallocate the remaining $7.2 million of the $150 million allocated to the Motor Vehicle Producer Research and Development (MVP R&D) Scheme, which aimed to encourage investment in high-end research and development technologies by motor vehicle producers. The variation, agreed upon by industry stakeholders, stipulates that the unallocated funds will be redirected to a Supplier Capability Development Program (SCDP), allowing motor vehicle producers to work with their suppliers on eligible activities between January 1, 2007, and June 30, 2008. This variation aims to expedite the distribution of funds to the industry, ensuring they are utilised more efficiently and effectively.

Scope and Application

The ACIS Administration Act 1999 applies to entities involved in the Australian automotive industry, specifically motor vehicle producers (MVPs) who are registered participants under the Automotive Competitiveness and Investment Scheme (ACIS). This Act establishes a transitional assistance scheme aimed at encouraging competitive investment and innovation in the Australian automotive industry, both domestically and internationally. The MVPs can receive duty credits in return for undertaking type J investment, which primarily involves research and development activities. The Act's application extends to the entire Commonwealth of Australia, and its provisions can be modified through subordinate instruments, such as the MVP R&D Scheme and its variations, to adapt to the changing needs of the industry. The Act does not specify exclusions or exemptions, but it does establish a threshold of $150 million for the MVP R&D Scheme, which has been partially allocated, with the remaining unallocated funds being repurposed for the Supplier Capability Development Program (SCDP).

Key Provisions

The ACIS Administration Act 1999 (the Act) establishes the Automotive Competitiveness and Investment Scheme (ACIS) as a transitional assistance scheme designed to encourage competitive investment and innovation in the Australian automotive industry, with the aim of achieving sustainable growth both domestically and internationally, particularly in the context of trade liberalisation. Under Section 60A(1), the Act mandates the Minister to formulate a scheme (the MVP R&D Scheme) that provides duty credits to motor vehicle producers (MVPs) for type J investment, with the objective of promoting high-end research and development technologies. The MVP R&D Scheme has already conducted two rounds of allocation, issuing duty credits valued at $142.8 million, leaving an unallocated balance of $7.2 million from the original $150 million allocation. The obligations imposed by the Act on the parties involved are primarily centered around the implementation and management of the MVP R&D Scheme. The Minister is required to formulate the MVP R&D Scheme under Section 60A(1), ensuring that it provides duty credits to MVPs for type J investment. Moreover, the MVPs are expected to undertake the type J investment activities specified under the scheme to qualify for the duty credits. Section 60B(1) further allows for the variation of the Scheme but prohibits its revocation. The MVP R&D Scheme Instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003, reinforcing the regulatory framework governing the scheme. In terms of consequences for breach, the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the scheme provisions. However, any deviation from the stipulated requirements may lead to administrative actions or reviews, potentially impacting the eligibility of MVPs for duty credits. The variation to the scheme, as proposed and agreed upon by stakeholders, reflects a collaborative approach to managing the unallocated funds efficiently, ensuring that the remaining $7.2 million is returned to the ACIS MVP funding pool from 1 January 2007. The omission of the Reader's Guide, which was part of the 2004 Scheme, signifies the scheme's evolution and adaptation to current needs, ensuring relevance and effectiveness in supporting the automotive industry.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.