INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986

This compilation was prepared on 4 October 2007
taking into account amendments up to Act No. 164 of 2007

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General's Department, Canberra

Contents

Part I--Preliminary 1

1............ Short title [see Note 1] ....................................................................... 1

2............ Commencement .................................................................................. 1

3............ Object of Act ...................................................................................... 1

4............ Interpretation ...................................................................................... 1

5............ Extension of Act to external Territories ............................................. 4

Part II--Administration 5

6............ Establishment of Innovation Australia ............................................... 5

7............ Functions of Board ............................................................................. 5

8............ Powers of Board ................................................................................. 6

9............ Constitution of Board ......................................................................... 6

10.......... Period of appointment of members .................................................... 6

11.......... Duties of Chairperson ........................................................................ 7

12.......... Remuneration and allowances ............................................................. 7

13.......... Leave of absence ................................................................................. 8

14.......... Resignation ......................................................................................... 8

15.......... Termination of appointment .............................................................. 8

16.......... Disclosure of interests by members of Board .................................... 8

17.......... Acting appointments .......................................................................... 9

18.......... Meetings of Board ............................................................................ 10

18A....... Minister may give directions concerning the provision of technical assessments 11

19.......... Additional functions of Board .......................................................... 12

19A....... General provisions concerning direction powers under sections 18A and 19 12

19B....... Minister may require provision of advice ........................................ 12

20.......... Directions for policies and practices of Board ................................. 12

20A....... Minister may give advice to Board or committee ............................. 13

21.......... Delegation by Board ......................................................................... 14

22.......... Committees ....................................................................................... 15

22A....... Delegation by committee .................................................................. 16

23.......... Directions of Board to committees ................................................... 17

24.......... Disclosure of interests by members of committees .......................... 17

25.......... Staff, consultants etc. ....................................................................... 18

Part IIIA--Functions of Board in relation to income tax concessions 19

39AA.... Object of Part ................................................................................... 19

39A....... Interpretation .................................................................................... 19

39B....... Related companies ............................................................................ 21

39C....... Exploitation otherwise than on normal commercial terms ................ 21

39D....... Research and development activities for the benefit of the Australian economy 21

39E........ Adequate Australian content ............................................................ 22

39EA..... Finance scheme guidelines ................................................................ 23

39EB..... Guidelines concerning overseas research and development activities 24

39EC..... Applications for provisional certificates .......................................... 25

39ED..... Board's decision on application for provisional certificate .............. 25

39EE..... Matters to be contained in provisional certificate ............................ 27

39EF..... Board's power to amend or revoke provisional certificate on its own initiative 28

39F........ Registration of Australian research agencies ..................................... 29

39FA..... Notices about continuing registration of Australian research agencies 31

39G....... Cancellation of registration of research agencies ............................... 31

39H....... Board to publicise particulars of registered research agencies .......... 32

39HA.... Register of Commercial Government Bodies .................................... 32

39HB.... Commercial government bodies guidelines ....................................... 33

39HC.... Applications for entry on the Register of Commercial Government Bodies 34

39HD.... Board's decision on application for entry on Register of Commercial Government Bodies 34

39HE..... Grant of application for entry on Register of Commercial Government Bodies 36

39HF..... Removal from Register of Commercial Government Bodies ............ 36

39HG.... Applications for advance registration of eligible companies ............ 37

39HH.... Advance registration of eligible companies ....................................... 38

39HI...... Grounds for refusal of advance registration ...................................... 38

39J........ Registration of eligible companies .................................................... 39

39JA..... Registration: eligible companies with a registration history ............. 40

39JB...... Registration: eligible companies with a claim history ....................... 41

39JC...... Registration: eligible companies with a tax loss history ................... 41

39JD..... Applications under section 39J ........................................................ 42

39JE...... Application for extension of time if application otherwise subject to a 6 month limit 43

39JF...... Registration if application for registration made after expiry of period for making application 44

39K....... Grounds for refusal to register eligible companies ............................ 45

39KA.... Guidelines concerning plans for research and development activities 46

39L........ Certificate as to research and development activities ....................... 46

39LAAA Certificate as to Australian‑centred research and development activities 47

39LAAB Certificate as to activities that would be Australian‑centred research and development activities apart from need for plan ................................................................................................... 47

39LAA.. Certificate as to overseas research and development activities ........ 48

39LA..... Certificate as to core technology ...................................................... 49

39M...... Certificate as to exploitation of results, or Australian content, of activities 49

39MA... Certificate about ineligible finance schemes ...................................... 50

39N....... Certificate of non‑compliance ........................................................... 51

39P........ Joint registration ............................................................................... 52

39PA..... Limitation of Board's power to register companies jointly ............. 54

39PB..... Extension of joint registration to complete project .......................... 56

39Q....... Copies of certificate to be given to persons affected ........................ 58

39R....... Service of notices etc. ....................................................................... 58

39S........ Internal review of decisions .............................................................. 58

39T....... Review of decisions by Administrative Appeals Tribunal .............. 59

39U....... Statements to accompany notification of decisions ......................... 60

39V....... Tax consequences of variation or revocation of reviewable decisions 61

Part V--Miscellaneous 62

44.......... Offences ............................................................................................ 62

45.......... Time for prosecutions ...................................................................... 62

46.......... Annual report ................................................................................... 62

47.......... Confidentiality .................................................................................. 65

48.......... Regulations ....................................................................................... 66

48A....... Fees for making applications etc. under Part IIIA ............................ 66

Part VI--Amendments of Industrial Research and Development Incentives Act 1976 67

Notes 69

Notes to the Industry Research and Development Act 1986

Note 1

The Industry Research and Development Act 1986 as shown in this compilation comprises Act No. 89, 1986 amended as indicated in the Tables below.

For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001, see Act No. 55, 2001.

All relevant information pertaining to application, saving or transitional provisions prior to 19 December 1996 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Industry Research and Development Act 1986	89, 1986	25 June 1986	1 July 1986
Research and Development Legislation Amendment Act 1988	59, 1988	15 June 1988	1 July 1988	S. 18
Taxation Laws Amendment Act (No. 4) 1989	167, 1989	19 Dec 1989	S. 31: 19 Jan 1989 Part 4 (ss. 35-37): 25 Jan 1989 Remainder: Royal Assent	--
Taxation Laws Amendment Act 1990	35, 1990	7 June 1990	7 June 1990	S. 45
Industry, Technology and Commerce Legislation Amendment Act 1991	66, 1991	15 June 1991	15 June 1991	Ss. 2(2)-(4) and 20
Taxation Laws Amendment Act (No. 5) 1992	224, 1992	24 Dec 1992	Ss. 91-112: Royal Assent (a)	Ss. 106 and 108
Industry, Technology and Regional Development Legislation Amendment Act 1994	58, 1994	9 Apr 1994	29 June 1994 (see Gazette 1994, No. S211)	--
Taxation Laws Amendment Act (No. 4) 1994	181, 1994	19 Dec 1994	Schedule 1 (items 22-85): 13 Oct 1994 Remainder: Royal Assent	Sch. 4 (items 1, 8)
Industry Research and Development Amendment Act 1995	84, 1995	1 July 1995	S. 3 (items 3, 4, 10, 11): 1 July 1988 S. 3 (items 5, 6, 12, 13): 24 Dec 1992 S. 3 (items 7, 8): 19 Dec 1994 Remainder: Royal Assent	Ss. 4 and 5
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 4 (item 94): Royal Assent (b)	--
Taxation Laws Amendment Act (No. 3) 1996	78, 1996	19 Dec 1996	Schedule 4 (items 58-75): Royal Assent (c)	Sch. 4 (item 69) [see Table A]
Industry Research and Development Amendment Act 1996	82, 1996	19 Dec 1996	Schedule 1 (items 1-3): 19 Dec 1994 (d) Schedule 1 (items 13, 14): 6 Dec 1995 (d) Schedule 1 (items 21-23): 15 June 1991 (d) Remainder: Royal Assent	--
Taxation Laws (Technical Amendments) Act 1998	41, 1998	4 June 1998	Schedule 6 (Part 6): (e)	--
Tax Law Improvement Act (No. 1) 1998	46, 1998	22 June 1998	Schedule 2 (items 548, 549): (f)	Sch. 2 (item 549): [see Table A]
Industry Research and Development Amendment Act 1999	15, 1999	9 Apr 1999	9 Apr 1999	Ss. 4, 5 [see Table A]
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (items 544, 545): 5 Dec 1999 (see Gazette 1999, No. S584) (g)	--
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000	137, 2000	24 Nov 2000	Ss. 1-3 and Schedule 1 (items 1, 4, 6, 7, 9-11, 32): Royal Assent Remainder: 24 May 2001	Sch. 2 (items 418, 419) [see Table A]
Corporations (Repeals, Consequentials and Transitionals) Act 2001	55, 2001	28 June 2001	Ss. 4-14 and Schedule 3 (item 276): 15 July 2001 (see Gazette 2001, No. S285) (h)	Ss. 4-14 [see Note 1]
Taxation Laws Amendment (Research and Development) Act 2001	170, 2001	1 Oct 2001	Schedule 1 (items 2-2B, 7): Royal Assent (i) Schedule 2 (items 45-50): 29 Jan 2001 (i) Schedule 2 (items 85-91): (i)	Sch. 1 (item 2B) and Sch. 2 (item 51) [see Table A] S. 2(3) (am. by 57, 2002, Sch. 12 [item 63])
as amended by
Taxation Laws Amendment Act (No. 2) 2002	57, 2002	3 July 2002	Schedule 12 (item 63): (j)	--
Industry Research and Development Amendment Act 2004	15, 2004	11 Mar 2004	Schedule 1: 11 Sept 2004 Remainder: Royal Assent	Sch. 1 (items 25, 28) [see Table A]
Tax Laws Amendment (2007 Measures No. 5) Act 2007	164, 2007	25 Sept 2007	Schedule 11 (items 49-78): Royal Assent Schedule 12 (items 1-52, 279-287): 27 Sept 2007 (see F2007L03842)	Sch. 11 (item 78) and Sch. 12 (items 279-287) [see Table A]

(a) The Industry Research and Development Act 1986 was amended by sections 91-112 only of the Taxation Laws Amendment Act (No. 5) 1992, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(b) The Industry Research and Development Act 1986 was amended by Schedule 4 (item 94) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:

(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(c) The Industry Research and Development Act 1986 was amended by Schedule 4 (items 58-75) only of the Taxation Laws Amendment Act (No. 3) 1996, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(d) Subsections 2(2)-(4) of the Industry Research and Development Amendment Act 1996 provide as follows:

(2) Items 1, 2 and 3 of Schedule 1 are taken to have commenced on 19 December 1994, immediately after the commencement of Schedule 4 to the Taxation Laws Amendment Act (No. 4) 1994.

(3) Items 13 and 14 of Schedule 1 are taken to have commenced at 2.30 pm Australian Eastern Standard Time on 6 December 1995.

(4) Items 21, 22 and 23 of Schedule 1 are taken to have commenced on 15 June 1991, immediately after the commencement of section 17 of the Industry, Technology and Commerce Legislation Amendment Act 1991.

(e) The Industry Research and Development Act 1986 was amended by Schedule 6 (Part 6) only of the Taxation Laws (Technical Amendments) Act 1998, subsection 2(16) of which provides as follows:

(16) Part 6 of Schedule 6 is taken to have commenced immediately after the commencement of section 110 of the Taxation Laws Amendment Act (No. 5) 1992.

Section 110 of the Taxation Laws Amendment Act (No. 5) 1992 commenced on 24 December 1992.

(f) The Industry Research and Development Act 1986 was amended by Schedule 2 (item 548) only of the Tax Law Improvement Act (No. 1) 1998, subsection 2(2) of which provides as follows:

(2) Schedule 2 (except item 3 of it) commences immediately after the commencement of Schedule 1.

Schedule 1 commenced on 22 June 1998.

(g) The Industry Research and Development Act 1986 was amended by Schedule 1 (items 544 and 545) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

(h) The Industry Research and Development Act 1986 was amended by Schedule 3 (item 276) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows:

(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.

(i) The Industry Research and Development Act 1986 was amended by Schedule 1 (item 2, 2A and 7) and Schedule 2 (items 45-50 and 85-91) only of the Taxation Laws Amendment (Research and Development) Act 2001, section 2 of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Division 1 of Part 3 of Schedule 2 is taken to have commenced at 12 pm, by legal time in the Australian Capital Territory, on 29 January 2001.

(3) Division 2 of Part 3 of Schedule 2 commences, or is taken to have commenced, immediately after the commencement of Schedule 1 to the New Business Tax System (Capital Allowances) Act 2001.

(j) Subsection 2(1) (item 61) of the Taxation Laws Amendment Act (No. 2) 2002, provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
61. Schedule 12, item 63	Immediately after section 2 of the Taxation Laws Amendment (Research and Development) Act 2001 commenced	1 October 2001

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Title .....................................	am. No. 59, 1988
Part I
S. 3......................................	am. No. 59, 1988; No. 15, 2004; No. 164, 2007
S. 4......................................	am. No. 66, 1991; No. 224, 1992; No. 78, 1996; No. 15, 2004; No. 164, 2007
Part II
S. 6......................................	rs. No. 164, 2007
S. 7......................................	am. No. 66, 1991; No. 224, 1992; No. 15, 2004; No. 164, 2007
S. 9......................................	am. No. 59, 1988; No. 146, 1999
S. 10....................................	am. No. 15, 1999
S. 11....................................	am. No. 224, 1992; No. 164, 2007
S. 12....................................	am. No. 43, 1996
Ss. 16-18............................	am. No. 164, 2007
S. 18A.................................	ad. No. 15, 2004
S. 19....................................	am. No. 15, 2004; No. 164, 2007
S. 19A.................................	ad. No. 15, 2004
S. 19B.................................	ad. No. 164, 2007
Heading to s. 20..................	am. No. 78, 1996
S. 20....................................	am. No. 66, 1991; No. 224, 1992; No. 78, 1996; No. 164, 2007
S. 20A.................................	ad. No. 78, 1996
S. 21....................................	am. No. 59, 1988; No. 224, 1992; No. 164, 2007
S. 22....................................	am. No. 59, 1988; No. 224, 1992 ; No. 15, 1999; No. 164, 2007
S. 22A.................................	ad. No. 59, 1988
	am. No. 224, 1992; No. 164, 2007
Heading to s. 25..................	rs. No. 15, 1999
S. 25....................................	am. Nos. 15 and 146, 1999
Part III...................................	rep. No. 15, 2004
S. 26....................................	rep. No. 15, 2004
S. 27....................................	am. No. 59, 1988
	rep. No. 15, 2004
S. 28....................................	am. No. 66, 1991; No. 58, 1994; No. 84, 1995
	rep. No. 15, 2004
S. 29....................................	rep. No. 15, 2004
S. 30....................................	rep. No. 15, 2004
S. 31 ...................................	am. No. 66, 1991; No. 58, 1994; No. 84, 1995
	rep. No. 15, 2004
Ss. 32-34............................	rep. No. 15, 2004
Div. 3A of Part III..................	ad. No. 66, 1991
	rep. No. 15, 2004
S. 34A.................................	ad. No. 66, 1991
	am. No. 78, 1996
	rep. No. 15, 2004
S. 34B.................................	ad. No. 66, 1991
	rep. No. 15, 2004
Ss. 35-37............................	rep. No. 15, 2004
S. 38....................................	am. No. 66, 1991
	rep. No. 15, 2004
S. 39....................................	rep. No. 15, 2004
Part IIIA
Part IIIA................................	ad. No. 59, 1988
S. 39AA..............................	ad. No. 170, 2001
	am. No. 164, 2007
S. 39A.................................	ad. No. 59, 1988
	am. No. 224, 1992
S. 39B.................................	ad. No. 59, 1988
	am. No. 15, 1999; No. 55, 2001
S. 39C.................................	ad. No. 59, 1988
S. 39D.................................	ad. No. 59, 1988
	rs. No. 164, 2007
S. 39E..................................	ad. No. 59, 1988
	am. No. 181, 1994; No. 84, 1995
S. 39EA...............................	ad. No. 224, 1992
	am. No. 84, 1995
S. 39EB...............................	ad. No. 181, 1994
	am. No. 84, 1995; No. 170, 2001; No. 164, 2007
S. 39EC...............................	ad. No. 181, 1994
	am. No. 170, 2001; No. 164, 2007
S. 39ED...............................	ad. No. 181, 1994
	am. No. 82, 1996; No. 15, 1999
S. 39EE................................	ad. No. 181, 1994
	am. No. 170, 2001; No. 164, 2007
S. 39EF................................	ad. No. 15, 1999
	am. No. 170, 2001; No. 164, 2007
S. 39F..................................	ad. No. 59, 1988
	am. No. 66, 1991; No. 181, 1994; No. 84, 1995; No. 164, 2007
S. 39FA...............................	ad. No. 15, 1999
S. 39G.................................	ad. No. 59, 1988
Note to s. 39G(6)................	ad. No. 15, 1999
S. 39H.................................	ad. No. 59, 1988
S. 39HA...............................	ad. No. 224, 1992
S. 39HB...............................	ad. No. 224, 1992
	am. No. 84, 1995; No. 46, 1998
S. 39HC...............................	ad. No. 224, 1992
S. 39HD...............................	ad. No. 224, 1992
	am. No. 41, 1998
S. 39HE...............................	ad. No. 224, 1992
S. 39HF...............................	ad. No. 224, 1992
S. 39HG...............................	ad. No. 82, 1996
	am. No. 164, 2007
S. 39HH...............................	ad. No. 82, 1996
	am. No. 164, 2007
Note to s. 39HH...................	am. No. 170, 2001; No. 164, 2007
S. 39HI.................................	ad. No. 82, 1996
S. 39J..................................	ad. No. 59, 1988
	am. No. 82, 1996; No. 15, 1999; No. 164, 2007
Ss. 39JA-39JC...................	ad. No. 82, 1996
S. 39JD................................	ad. No. 82, 1996
	am. No. 15, 1999; No. 164, 2007
Note to s. 39JD(1)............... Renumbered Note 1.........	ad. No. 15, 1999 No. 164, 2007
Note 2 to s. 39JD(1)............	ad. No. 164, 2007
Heading to s. 39JE..............	am. No. 15, 1999
S. 39JE................................	ad. No. 82, 1996
	am. No. 15, 1999
S. 39JF	ad. No. 15, 1999
S. 39K.................................	ad. No. 59, 1988
	am. No. 82, 1996; No. 164, 2007
S. 39KA...............................	ad. No. 170, 2001
S. 39L..................................	ad. No. 59, 1988
	am. No. 167, 1989; No. 66, 1991; No. 164, 2007
Ss. 39LAAA, 39LAAB........	ad. No. 164, 2007
S. 39LAA............................	ad. No. 181, 1994
S. 39LA...............................	ad. No. 35, 1990
	am. No. 66, 1991
S. 39M.................................	ad. No. 59, 1988
	am. No. 15, 1999; No. 170, 2001; No. 164, 2007
S. 39MA..............................	ad. No. 224, 1992
S. 39N.................................	ad. No. 59, 1988
	am. No. 170, 2001; No. 164, 2007
S. 39P..................................	ad. No. 59, 1988
	am. No. 35, 1990; No. 66, 1991; No. 224, 1992; No. 181, 1994; Nos. 78 and 82, 1996
Ss. 39PA, 39PB...................	ad. No. 78, 1996
Ss. 39Q, 39R.......................	ad. No. 59, 1988
	am. No. 66, 1991
S. 39S.................................	ad. No. 66, 1991
	am. No. 224, 1992; No. 181, 1994; Nos. 78 and 82, 1996; No. 15, 1999; No. 164, 2007
Note to s. 39S(1).................	ad. No. 15, 1999
S. 39T..................................	ad. No. 66, 1991
	am. No. 224, 1992; No. 78, 1996
S. 39U.................................	ad. No. 66, 1991
	am. No. 224, 1992
S. 39V.................................	ad. No. 66, 1991
Part IV.................................	rep. No. 15, 2004
Ss. 40, 41............................	rep. No. 15, 2004
S. 42....................................	am. No. 66, 1991; No. 78, 1996
	rep. No. 15, 2004
S. 43....................................	rep. No. 15, 2004
Part V
S. 44....................................	am. No. 137, 2000; No. 15, 2004
S. 46 ...................................	am. No. 66, 1991; No. 78, 1996; No. 170, 2001; No. 15, 2004; No. 164, 2007
S. 47....................................	am. No. 59, 1988; No. 15, 1999; No. 164, 2007
S. 48A.................................	ad. No. 82, 1996

Table A

Application, saving or transitional provisions

Taxation Laws Amendment Act (No. 3) 1996 (No. 78, 1996)

Schedule 4

Part 2--Amendment of the Industry Research and Development Act 1986

69 Transitional

(1) Subject to subitem (2), if, at or after 5 pm, by legal time in the Australian Capital Territory, on 23 July 1996 and before the commencement of section 39PA of the Industry Research and Development Act 1986, the Industry Research and Development Board registered companies jointly, the registration is taken not to have been effected.

(2) Subitem (1) does not apply to a registration if the Board would not, because of subsection 39PA(2), (3) or (4) of the Industry Research and Development Act 1986, be prohibited from effecting the registration after the commencement of section 39PA of that Act.

Tax Law Improvement Act (No. 1) 1998 (No. 46, 1998)

Schedule 2

Part 4--Consequential amendment of other Acts

549 Application

Section 4 of this Act does not apply to the amendment made by item 548.

Industry Research and Development Amendment Act 1999 (No. 15, 1999)

4 Treatment of certain applications lodged with the Australian Taxation Office

(1) This section applies only to applications made under section 39J of the Industry Research and Development Act 1986 by the following companies:

(a) Aussie Diamond Products Pty. Limited (ACN 051 488 656);

(b) Creative Objects Pty. Ltd. (ACN 065 617 781);

(d) Futureweld Pty. Ltd. (ACN 053 762 744);

(e) Learning Curve Pty. Limited (ACN 008 658 624);

(f) NSJA Investments Pty Limited (ACN 007 288 637) (previously known as Strategos Pty. Ltd.).

(2) If, before the commencement of this section:

(a) an application was lodged with the Australian Taxation Office before the end of the period for making the application; and

(b) the application was received by the Board after the end of the period for making the application; and

(c) the company was refused registration under section 39J merely because the application was not made within the period for making the application;

the Board must take the application to have been made within the period for making the application and reconsider the application for registration under section 39J as soon as possible after the commencement of this section.

(3) If, before the commencement of this section:

(a) an application was lodged with the Australian Taxation Office before the end of the period for making the application; and

(b) the application was received by the Board after the end of the period for making the application; and

the validity of the registration is not affected, and is taken never to have been affected, by the fact that the application was not made within the period for making the application.

(4) If, before the commencement of this section:

(a) an application was lodged with the Australian Taxation Office before the end of the period for making the application; and

(b) the application was received by the Board after the end of the period for making the application; and

the Board must take the application to have been made within the period for making the application and consider the application for registration under section 39J as soon as possible after the commencement of this section.

(5) In this section:

application includes a copy of an application.

Board means the Industry Research and Development Board.

5 Effect of amendments relating to members of the Industry Research and Development Board and its committees

The amendments made by items 1, 2, 3, 4 and 5 of Schedule 1 do not affect the validity of, or the period of, an appointment of a person as a member of the Industry Research and Development Board, or as a member of a committee of that Board, that was in force immediately before the commencement of this section.

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)

Schedule 2

418 Transitional--pre‑commencement offences

(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:

(a) an offence committed before the commencement of this item; or

(b) proceedings for an offence alleged to have been committed before the commencement of this item; or

as if the amendment or repeal had not been made.

(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.

419 Transitional--pre‑commencement notices

If:

(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and

(b) any or all of those other provisions are repealed by this Schedule; and

the amendment of the first‑mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.

Taxation Laws Amendment (Research and Development) Act 2001
(No. 170, 2001)

Schedule 1

2B Application

The amendment made by this Part applies to reports in relation to the financial year commencing on 1 July 2001 and all later financial years.

Industry Research and Development Amendment Act 2004 (No. 15, 2004)

Schedule 1

25 Saving provision

Despite the repeal of subsection 19(2) of the Industry Research and Development Act 1986, that subsection continues to apply in relation to:

(a) any direction given by the Minister under that section before the date of commencement of Schedule 1 to this Act; and

(b) any revocation of such a direction made on or after that date;

as if the subsection had not been repealed.

28 Transitional provisions

(1) Despite the amendments of the Industry Research and Development Act 1986 made by this Act:

(a) Ministerial directions in force immediately before the commencing day under section 19 of that Act in relation to a program of funding for research and development are taken to continue in force on and after that day for the purpose of facilitating the transitional arrangements set out in subitems (3) to (6); but

(b) a person or body may not make an application after that day in respect of a research and development proposal under such a program.

(2) Nothing in subitem (1) implies that:

(a) the Minister may not give directions, on or after the commencing day, under section 18A of the Industry Research and Development Act 1986, in relation to a program of funding for research and development that is substantially similar to the program for which directions had been given under section 19 of that Act; or

(b) a person or body may not make an application after that day in respect of a research and development proposal under such a substantially similar program.

(3) If:

(a) before the commencing day, a person or body has made an application under the Industry Research and Development Act 1986 for the expenditure of Commonwealth money in respect of a research and development proposal; and

(b) that proposal is a proposal for research and development to be funded under a program to which Ministerial directions in force immediately before that day under section 19 of that Act apply;

then:

(c) that application may be considered and dealt with by the Industry Research and Development Board on and after that day, and

(d) any agreement in relation to the provision of Commonwealth money for that proposal may be entered into by or on behalf of the Board on and after that day;

as if the amendments made by this Schedule had not been made.

(4) If:

(a) before the commencing day, the Board had entered into:

(i) an agreement under section 33 of the Industry Research and Development Act 1986 as in force at that time; or

(ii) an agreement under the Industry Research and Development Act 1986 in relation to a research and development program to which Ministerial directions in force immediately before that day under section 19 of the Industry Research and Development Act 1986 apply; and

(b) immediately before the commencing day, any obligation under that agreement is still required to be met;

that agreement continues in force, according to its terms, on and after that day, as if the amendments made by this Schedule had not been made.

(5) The Industry Research and Development Board may from time to time, on or after the commencing day, for the purpose of determining whether obligations required to be met under an agreement referred to in subitem (3) or (4) are in fact being met, exercise any powers that had been conferred on the Board by or under the Industry Research and Development Act 1986 or by the agreement as if the amendments made by this Schedule had not been made.

(6) Despite the amendments of the Industry Research and Development Act 1986 made by this Schedule, a prosecution may be instituted, on or after the commencing day, in respect of an offence concerning:

(a) an application made before that day for:

(i) the expenditure of Commonwealth money under a program to which Ministerial directions in force immediately before that day under section 19 of that Act apply; or

(ii) an advance in respect of money that may be paid under such a program; or

(b) if any agreement is entered into before, on or after that day in relation to such an application--any act or omission, or the provision of or failure to provide any information, in relation to the research and development to which the agreement relates;

as if those amendments had not been made.

(7) In this item:

commencing day means the date of commencement of Schedule 1 to this Act.

Tax Laws Amendment (2007 Measures No. 5) Act 2007 (No. 164, 2007)

Schedule 11

78 Application

(1) The amendments made by this Schedule apply in relation to:

(a) assessments for years of income starting after 30 June 2007; and

(b) registrations under section 39J of the Industry Research and Development Act 1986 for those years of income.

(2) A term that is used in this item and has a meaning given by the Income Tax Assessment Act 1936 has the same meaning in this item.

Schedule 12

279 Interpretation

In this Part:

new Board means Innovation Australia, established by section 6 of the Industry Research and Development Act 1986 (as amended by this Schedule).

former Board means:

(a) the Industry Research and Development Board that was established by the Industry Research and Development Act 1986 (as in force before the commencement of this item); or

(b) the Venture Capital Registration Board that was established by the Pooled Development Funds Act 1992 (as in force before the commencement of this item).

280 Things done to a former Board before commencement

(1) Any thing done to a former Board before the commencement of this item is taken, on and after that commencement, to have been done to the new Board.

(2) Without limiting subitem (1), examples of things done to a former Board include, but are not limited to, the following:

(a) the making of applications or requests to the former Board;

(b) the making of agreements with the former Board;

(d) the giving of directions by the Minister to the former Board.

281 Things done to the Chairperson or acting Chairperson of a former Board before commencement

(1) Any thing done to the Chairperson, or acting Chairperson, of a former Board before the commencement of this item is taken, on and after that commencement, to have been done to the Chairperson of the new Board.

(2) Without limiting subitem (1), examples of things done to the Chairperson of a former Board include, but are not limited to, the giving of notices or advice to the Chairperson.

282 Things done by a former Board before commencement

(1) Any thing done by a former Board before the commencement of this item is taken, on and after that commencement, to have been done by the new Board.

(2) Without limiting subitem (1), examples of things done by a former Board include, but are not limited to, the following:

(a) the making of determinations or decisions by the former Board;

(b) the granting or revoking of registrations, approvals, certificates or other things by the former Board;

(d) the giving of directions by the former Board;

(e) the making of guidelines by the former Board;

(f) the formulation of criteria by the former Board;

(g) the approval of forms by the former Board;

(h) the making of requirements by the former Board;

(i) the making of agreements by the former Board;

(j) the giving of notices, documents or other things by the former Board.

(3) Without limiting subitem (1), if, after the commencement of this item, the new Board is required under section 46 of the Industry Research and Development Act 1986 (as amended by this Schedule) to give a report in relation to a financial year that commenced before the commencement of this item, then the new Board must include in the report any matter that, had the amendments made by this Schedule not been made, a former Board would have been required to include in a report for that year under:

(a) section 46 of the Industry Research and Development Act 1986 (as in force before the commencement of this item); or

(b) section 75 of the Pooled Development Funds Act 1992 (as in force before the commencement of this item); or

283 Things done by the Chairperson or acting Chairperson of a former Board before commencement

(1) Any thing done by the Chairperson, or acting Chairperson, of a former Board before the commencement of this item is taken, on and after that commencement, to have been done by the Chairperson of the new Board.

(2) Without limiting subitem (1), examples of things done by the Chairperson of a former Board include, but are not limited to, the following:

(a) the making of inquiries or reports by the Chairperson;

(b) a determination, by the Chairperson, of the form of records;

284 Things done by a member or acting member of a former Board before commencement

(1) Any thing done by a member, or acting member, of a former Board before the commencement of this item is taken, on and after that commencement, to have been done by a member of the new Board.

(2) Without limiting subitem (1), examples of things done by a member of a former Board include, but are not limited to, the signing of a certificate by the member.

285 Things done by a person authorised by a former Board before commencement

(1) Any thing done by a person authorised by a former Board before the commencement of this item is taken, on and after that commencement, to have been done by a person authorised by the new Board.

(2) Without limiting subitem (1), examples of things done by a person authorised by a former Board include, but are not limited to, the signing of a certificate by the person.

286 References to a former Board in instruments etc.

A reference to a former Board in the following:

(a) a legislative instrument;

(b) guidelines made or criteria formulated under the Industry Research and Development Act 1986 or the Venture Capital Act 2002;

(c) certificates, notices or other documents given to or by the former Board under the Industry Research and Development Act 1986, the Pooled Development Funds Act 1992 or the Venture Capital Act 2002;

(d) directions given by the Minister to the former Board under the Industry Research and Development Act 1986 or the Pooled Development Funds Act 1992;

(e) forms approved by the former Board under the Industry Research and Development Act 1986;

(f) agreements made with the former Board under the Industry Research and Development Act 1986;

is taken, after the commencement of this item, to be a reference to the new Board.

287 Committees

An appointment of a member of a committee under section 22 of the Industry Research and Development Act 1986 that is in force immediately before the commencement of this item is taken, on that commencement, to be revoked.

Commonwealth Consolidated Acts

INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986 - NOTES