Development Allowance Authority Act 1992

Administered by Department of the Treasury

Legislation au C2004A04390 Not in force Act

Legislation content

Development Allowance Authority Act 1992

No. 99, 1992

Compilation No. 17

Compilation date:    5 May 2016

Includes amendments up to: Act No. 53, 2016

Registered:    10 June 2016

 

About this compilation

This compilation

This is a compilation of the Development Allowance Authority Act 1992 that shows the text of the law as amended and in force on 5 May 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Chapter 1—Preliminary

1 Short title

2 Commencement

2A Application of the Criminal Code

Chapter 3—Infrastructure borrowings

Part 1—Preliminary

93A Object

93B Simplified outline of scheme of Chapter

93C Example of how this Chapter works

Part 2—Interpretation: Infrastructure borrowings etc.

93D Interpretation

93E Kinds of infrastructure borrowing

93F Direct infrastructure borrowing

93G Indirect infrastructure borrowing

93H Refinancing infrastructure borrowing

93I Infrastructure borrowings—borrower requirements

93J Direct infrastructure borrowing—requirement relating to spending of borrowed money

93K Direct infrastructure borrowing—requirement relating to use or sale of facilities on which borrowed money is to be spent

93L Infrastructure facilities

93M Related facilities

Part 3—Certificates

Division 1—Issue, variation and transfer etc.

93N Application for certificate

93O Criteria for issuing certificate

93P Undertaking to comply with certificate conditions

93PA Termination of certificate issue provisions

93Q Form of certificate etc.

93R Conditions applying to certificate

93S Application for variation of conditions applying to a certificate

93T Criteria for variation of conditions applying to a certificate

93TA Conditions not to be varied if total tax payable reduced

93TB Reconsideration of pre‑commencement variations

93U Transfer of certificate

93V Criteria for transfer of certificate

93W Undertaking to comply with certificate conditions

93X Provisions relating…

Overview

The Development Allowance Authority Act 1992 was enacted to establish the Development Allowance Authority and provide tax incentives for genuine private sector investment in publicly accessible infrastructure facilities and related facilities. The Act was introduced to address the need for a structured framework to facilitate and regulate such investments. Enacted by the Australian Parliament, the Act aims to provide a clear and transparent process for entities seeking to invest in infrastructure projects. It outlines the criteria and procedures for obtaining certificates related to infrastructure borrowings, which are necessary to access certain tax benefits. The incentives have been terminated for new cases by the Taxation Laws Amendment (Infrastructure Borrowings) Act 1997, which means that no new applications can be made under this Act.

Scope and Application

The Development Allowance Authority Act 1992 is a Commonwealth Act that establishes the Development Allowance Authority (DAA) and outlines its functions and powers. The Act applies to the DAA, its employees, and any person or entity involved in the issuance of certificates under the Act. The Act has a national jurisdictional reach, applying across Australia. It provides tax incentives for genuine private sector investment in publicly accessible infrastructure facilities and related facilities through the issuance of certificates that allow for certain tax benefits. However, the incentives have been terminated for new cases by the Taxation Laws Amendment (Infrastructure Borrowings) Act 1997. The Act allows for the extension of its application through subordinate instruments, such as regulations, which may prescribe matters required or permitted by the Act. Any uncommenced amendments affecting the Act are accessible on the Legislation Register. The Act includes provisions for the protection of commercial-in-confidence information, and it outlines the process for the reconsideration and review of decisions made by the DAA.

Key Provisions

  • The Development Allowance Authority Act 1992 primarily aims to provide tax incentives for genuine private sector investment in publicly accessible infrastructure facilities and related facilities. The Act outlines the procedures for issuing certificates related to infrastructure borrowings, which were designed to encourage investment by providing tax benefits. Key provisions include the criteria for determining what constitutes an infrastructure borrowing (sections 93E-93H), the conditions for the issuance of certificates (sections 93O-93P), and the obligations and requirements for the holders of these certificates (sections 93R-93S). The Act also details the circumstances under which a certificate may be cancelled or terminated, such as failure to comply with information requests, making false or misleading statements, or ceasing to meet the borrower requirements (sections 93Z-93ZD). Additionally, the Act imposes obligations on the Development Allowance Authority (DAA) to report to the Commissioner of Taxation and to provide information to the Administrative Appeals Tribunal (sections 93ZF and 120). Failure to comply with these provisions can result in significant penalties, including imprisonment for up to two years and fines, as outlined in sections 114 and 114A of the Act. These provisions underscore the importance of adhering to the requirements set forth in the Act to avoid severe consequences.

Legal classification tags

Area of Law
Taxation Law
Commercial Law
Instrument
Act
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Prohibited Conduct
Regulatory Standards
Definitions & Interpretation

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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.