Commonwealth Consolidated Acts

ACIS ADMINISTRATION ACT 1999 - SECT 20

             (1)  A person may seek the Minister's permission to apply for registration as a participant on the basis that the registration would be in the national interest.

             (2)  If the Minister is satisfied that, subject to the person's meeting all the registration requirements other than the requirements set out in:

                     (a)  if the person seeks permission to apply for registration as an MVP--paragraph 16(1)(a) or (b); or

                     (b)  if the person (not being a group of related companies that is treated as a single person in accordance with section 21) seeks permission to apply for registration as an ACP--paragraph 17(1)(a) or (b); or

                     (c)  if the person (being a group of related companies that is treated as a single person in accordance with section 21) seeks permission to apply for registration as an ACP--paragraph 17(2)(a) or (b); or

                     (d)  if the person seeks permission to apply for registration as an AMTP--paragraph 18(1)(a) or (b); or

                     (e)  if the person seeks permission to apply for registration as an ASP--paragraph 19(1)(a) or (b);

it would be in the national interest for the person to be so registered, the Minister may, by notice in writing, give that permission.

             (3)  Without limiting, by implication, the matters that the Minister may take into account in determining whether to grant a permission under this section for a person to apply for registration, the Minister may have regard to all or any of the following:

                     (a)  whether the person would have been able to comply with the normal threshold eligibility requirements but for circumstances beyond the person's control such as a natural disaster, an industrial accident or an industrial dispute;

                     (b)  whether the registration of the person would significantly enhance the competitiveness of the Australian automotive industry;

                     (c)  whether the registration of the person would provide significant benefits either to the Australian automotive industry or to the Australian economy;

                     (d)  whether the registration of the person would introduce significant innovations in the Australian automotive industry;

                     (e)  whether the registration of the person would generate significant employment or investment opportunities in the Australian automotive industry;

                      (f)  whether the registration of the person would have significant strategic, regional or environmental impacts.

             (4)  To assist the Minister in determining whether to give that permission, the person must produce to the Minister, within a period specified by the Minister:

                     (a)  any information or documents that the Minister considers are likely to be relevant to the Minister's consideration of the application for that permission; and

                     (b)  a business plan of a kind that will, if the Minister grants the approval to apply for registration, be required to be produced to the Secretary under subsection 23(3).

             (5)  If the Minister grants a person permission to apply for registration, the Minister must, in the decision granting that permission, set out the conditions to which the permission, and any subsequent registration, is subject, including conditions relating to the ongoing registration of the person.

             (6)  For the avoidance of doubt, conditions determined by the Minister under subsection (5) do not affect the operation of any provision of this Act that is consistent with those conditions.

             (7)  A decision of the Minister that it is in the national interest to grant a person permission to make an application for registration is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 .