Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the applicant is not an approved body, then, for the purposes of section 33, an eligible promotional activity in relation to the applicant is also for an approved promotional purpose if it is carried out for the purpose of increasing the applicant's return on the disposal by the applicant of eligible intellectual property or eligible know‑how.
(2) If the applicant is an approved body or approved trading house, then, for the purposes of section 33, an eligible promotional activity in relation to the applicant is also for an approved promotional purpose if it is carried out for the purpose of increasing another person's return on the disposal by the other person of eligible intellectual property or eligible know‑how, to a third party.
(3) The return referred to in subsection (1) or (2):
(a) may be a return receivable at or after the time of disposal of the intellectual property or know‑how; and
(b) must be a return by way of royalty or licence fee.
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