Commonwealth Consolidated Acts

ACIS ADMINISTRATION ACT 1999

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   3.      Purpose of the Act  
   4.      Overview of the Act  
   5.      Offences  
   6.      Definitions  
   6A.     Approved plant and equipment and approved research and development  
   6B.     Plant and equipment sold by participant  
   6C.     When investment undertaken by a person may be treated as investment undertaken by another person who is a participant  
   7.      Meaning of production of goods and provision of services in Australia  
   8.      Approved forms  
   9.      Arm's length transactions  
   10.     Determination of entitlement to credit between participants  
   11.     Other Commonwealth assistance  

   PART 2--ESTABLISHMENT OF, AND PARTICIPATION IN, ACIS

           Division 1--Overview

   12.     Overview of Part  

           Division 2--Establishment of ACIS

   13.     Establishment of Automotive Competitiveness and Investment Scheme  

           Division 3--Registration under ACIS

              Subdivision A--Rules about registration

   14.     Rules about the number of registrations a person may have under ACIS  
   14A.    Rule about registrations under ACIS needing to further the purpose of the Act  
   14B.    Minister may make guidelines relating to registration for the purpose of the Act  
   15.     Rule about the effect of further applications for registration on existing registrations  

              Subdivision B--Applications for registration

   16.     Application for MVP registration  
   17.     Application for ACP registration  
   18.     Application for AMTP registration  
   19.     Application for ASP registration  
   20.     Ministerial permission to apply for registration in the national interest  

           Division 4--Participation in ACIS by groups of companies

   21.     Certain groups of companies may seek permission to apply for registration as a single entity  
   22.     Legal status of a group permitted to make application for registration  

           Division 5--Formal requirements for, and consideration of, applications for registration

   23.     The content of the application for registration  
   24.     Lodgment of applications  
   25.     When to apply  
   26.     Consideration of registration applications  
   27.     Secretary may seek further information  
   28.     Date from which registration takes effect  
   29.     Fit and proper person  

           Division 6--Ongoing requirements of registration

   30.     Ongoing requirement of MVP registration  
   31.     Ongoing requirement of ACP registration  
   32.     Ongoing requirement of AMTP registration  
   33.     Ongoing requirement of ASP registration  
   34.     When do ongoing registration requirements for particular participants need to be met?  

   PART 3--THE MAKING OF RETURNS BY PARTICIPANTS

   35.     Participants to make quarterly returns  
   36.     Contents of MVPs' returns  
   37.     Contents of ACPs' returns  
   38.     Contents of AMTPs' returns  
   39.     Contents of ASPs' returns  
   40.     Rules concerning returns  

   PART 4--WORKING OUT UNMODULATED CREDIT

           Division 1--Overview

   41.     Overview of Part  

           Division 2--Working out unmodulated production credit and unmodulated investment credit for MVPs

   42.     Secretary to work out unmodulated production credit for each MVP  
   43.     Secretary to work out unmodulated type A credit for each MVP  
   44.     Secretary to work out unmodulated type B credit for each MVP  
   45.     Secretary to work out unmodulated type C credit for each MVP  

           Division 3--Working out unmodulated investment credit for ACPs

   46.     Secretary to work out unmodulated type D credit for each ACP  
   47.     Secretary to work out unmodulated type E credit for each ACP  

           Division 4--Working out unmodulated investment credit for AMTPs

   48.     Secretary to work out unmodulated type F credit for each AMTP  
   49.     Secretary to work out unmodulated type G credit for each AMTP  

           Division 5--Working out unmodulated investment credit for ASPs

   50.     Secretary to work out unmodulated type H credit for each ASP  
   51.     Secretary to work out unmodulated type I credit for each ASP  

   PART 5--MODULATION OF UNMODULATED CREDIT

           Division 1--Overview

   52.     Overview of Part  

           Division 2--Caps on scheme and participants

   53.     Stage caps on ACIS  
   53A.    Ledger treatment of amounts recovered under the ACIS (Unearned Credit Liability) Act 1999  
   54.     5% of sales limit on participants  

           Division 3--Guidelines for modulation

   55.     Minister must make modulation guidelines  

           Division 4--MVP credit

   56.     Secretary to modulate capped production credit for each MVP  
   57.     Secretary to modulate investment credit for each MVP  
   58.     Secretary must modulate in accordance with Ministerial guidelines  

           Division 5--ACP, AMTP and ASP credit

   59.     Secretary to modulate investment credit for each ACP, AMTP and ASP  
   60.     Secretary must modulate in accordance with Ministerial guidelines  

   PART 5A--RESEARCH AND DEVELOPMENT SCHEME

   60A.    Research and development scheme  
   60B.    Variation of R&D scheme  

   PART 6--THE ACIS LEDGER AND ITS MAINTENANCE

           Division 1--Overview

   61.     Overview of Part  

           Division 2--Establishment and maintenance of the ledger

   62.     Establishment and maintenance of ACIS ledger  
   63.     Information to be kept in ledger  
   64.     Entry of credit in the ledger  
   65.     Effect of entering credit in the ACIS ledger  
   66.     Circumstances in which the Secretary must amend the ledger  
   67.     Ledger to show balance of credit  
   68.     Person may apply to Secretary to fix an error in ledger  
   69.     Electronic access to ledger  
   70.     Secretary to notify owner of credit quarterly of changes to ledger  

           Division 3--Period in which entries in ledger to be made

   71.     Time in which entries to be made  

           Division 4--No liability for ledger entries

   73.     Secretary not liable in certain circumstances  

   PART 7--DEALING IN AND USE OF DUTY CREDIT

           Division 1--Overview

   74.     Overview of Part  

           Division 1A--Use and expiry of duty credits

   74A.    Use and expiry of duty credits  
   74B.    How application of previously paid duty credits to be made  

           Division 2--Transfer of credit

   75.     Duty credit transferable  

           Division 3--Minister may limit use of credit in certain circumstances

   76.     Minister may limit use of modulated ACP, AMTP or ASP investment credit  
   77.     Minister may limit use of certain production credit  

   PART 8--AUDIT

           Division 1--Overview

   78.     Overview of Part  

           Division 2--Appointment of authorised officers and identity cards

   79.     Appointment of authorised officers  
   80.     Identity cards  

           Division 3--Powers of authorised officer

              Subdivision A--Monitoring powers

   81.     Authorised officer may enter premises by consent or under monitoring warrant to check information provided under ACIS or to check compliance with the Act  
   82.     Monitoring powers of authorised officers  

              Subdivision B--Power of authorised officer to ask questions and seek production in certain circumstances

   83.     Authorised officer may request persons to answer questions  

           Division 4--Obligations and incidental powers of authorised officers

   84.     Authorised officer must produce identity card on request  
   85.     Consent  
   86.     Announcement before entry  
   87.     Details of monitoring warrant to be given to occupier etc. before entry  
   88.     Use of electronic equipment in exercising monitoring powers  
   89.     Compensation for damage to electronic equipment  

           Division 5--Occupier's rights and responsibilities

   90.     Occupier entitled to be present during execution of monitoring warrant  
   91.     Occupier to provide authorised officer with all facilities and assistance  

           Division 6--Warrants

   92.     Monitoring warrants  

   PART 9--UNEARNED DUTY CREDIT

           Division 1--Overview

   93.     Overview of Part  

           Division 2--Unearned credit liability

   94.     Person not entitled to certain duty credit  
   95.     Unearned credit liability  
   96.     Amount of unearned credit liability  

           Division 3--Offsetting of duty credit against unearned credit liability

   97.     Duty credit to be offset against liability  
   98.     Offsetting of duty credit of the same kind  
   99.     Offsetting of other kinds of duty credit  
   100.    Order in which credit to be offset  
   101.    Amount of unearned credit liability outstanding  
   102.    Secretary to issue notice  

           Division 4--Time for payment of unearned credit liability

   103.    Time for payment of unearned credit liability  
   104.    Late payment penalty  
   105.    Extension of time for payment of unearned credit liability  
   106.    Recovery of unearned credit liability and late payment penalty  

           Division 5--Regulations concerning unearned duty credit

   107.    Regulations may deal with other matters  

   PART 10--OBLIGATIONS RELATING TO DOCUMENTS

   108.    Document retention obligations  
   109.    Update of business plan  

   PART 11--DEREGISTRATION

   110.    Deregistration  

   PART 12--ADMINISTRATIVE REVIEW OF CERTAIN DECISIONS

   111.    Review of decisions affecting duty credit  
   112.    Limitations on implementation of court decisions concerning duty credit decisions  
   113.    Limitations on implementation of AAT decisions concerning duty credit decisions  
   114.    Review of other decisions  

   PART 13--ADMINISTRATION OF ACT

   115.    Secretary may delegate powers  
   115A.   Minister may publish information relating to participants  
   116.    Regulations  
           SCHEDULE 1 Consequential amendments