EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 36
Minute No A of 1984 - Minister for Science and Technology
Subject: | Industrial Research and Development Incentives Act 1976 Industrial Research and Development Incentives Regulations (Amendment) |
Section 42 of the Industrial Research and Development Incentives Act 1976 (the Act) provides that the Governor-General may make regulations not inconsistent with the Act prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. In particular the Act provides for the Governor-General to make regulations in relation to the making of applications for grants.
The Act, which was amended by the Industrial Research and Development Incentives Amendment Act 1983 which will come into operation on 13 March 1984 (Executive Council Minute No 3 of 1984 refers), provides amongst other things for 2 relevant dates in relation to applications for commencement grants.
The ‘first relevant date’ is that date by which an application for a commencement grant, or a notice in writing stating that an application cannot be made on time, must be received, if it is to be deemed to have been made. Sub-section 34(7) of the Act provides that this date shall be 30 September or such later date as is prescribed.
The ‘second relevant date’ is that date by which an application for a commencement grant, for which a notice of late lodgement has been accepted, must be received, if that late application is to be deemed to have been made. Sub-section 34(7) of the Act provides that this date shall be 30 November or such later date as is prescribed.
The Canberra mail strike of September/October 1983 prevented many applications reaching the Australian Industrial Research and Development Incentives Board before 30 September. As a result, the regulations seek to vary the relevant dates to prevent loss of grant entitlements because of actions beyond the control of applicants.
The regulations seek to prescribe for the purposes of Sub-section 34(7) of the Act, 30 November 1983 as the first relevant date and 30 December 1983 as the second relevant date in respect of the grant year that commenced on 1 July 1982.
As the regulations will not disadvantage any party other than the Commonwealth, this retrospective effect is not prohibited by Sub-section 48(2) of the Acts Interpretation Act 1901. That Sub-section provides that regulations shall not be expressed to take effect from a date before the date of notification in any case where if the regulations so took effect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) existing at the date of notification, would be effected in a manner prejudicial to that person.