Commonwealth Consolidated Acts

INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986 - SECT 39A

             (1)  In this Part, unless the contrary intention appears:

"commercial government bodies guidelines" means guidelines made under section 39HB.

"company" means any body corporate.

"dispose of" means dispose of in any way, including by assignment or declaration of trust.

"eligible company" means a body corporate incorporated under a law of the Commonwealth or of a State or Territory.

"eligible government bodies" means:

                     (a)  a government body within the meaning of section 73CB of the Income Tax Assessment Act 1936 ; or

                     (b)  an associate (within the meaning of that section) of such a government body.

"finance" includes debt finance and equity finance.

"finance scheme" , in relation to research and development activities carried on, or proposed to be carried on, by or on behalf of an eligible company, means a scheme entered into or carried out by any of the parties to the scheme for the purpose, or for purposes that include the purpose:

                     (a)  of enabling the company, or an associate of the company, to obtain finance (whether by way of renewal or otherwise) in connection with those activities; or

                     (b)  of enabling the company, or an associate of the company, to obtain an extension of the period for which finance was obtained in connection with those activities under an earlier scheme.

"ineligible finance scheme" means a finance scheme that is taken to be an ineligible finance scheme under the finance scheme guidelines.

"register" means:

                     (a)  in relation to an eligible company:

                              (i)  register under section 39J; or

                             (ii)  register jointly with any other eligible company or eligible companies under section 39P; or

                     (b)  in relation to a research agency--register under section 39F.

"Register of Commercial Government Bodies" means the Register of Commercial Government Bodies required by section 39HA.

"result" , in relation to research and development activities, means a result that is capable of being exploited.

"scheme" means:

                     (a)  an agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and

                     (b)  a scheme, plan, proposal, action, course of action or course of conduct.

             (2)  Subject to subsection (1), expressions used in this Part that are defined by section 73B of the Income Tax Assessment Act 1936 have in this Part, unless the contrary intention appears, the same meanings as in that section.

             (3)  Subject to subsections (1) and (2), expressions used in this Part that are defined by the Income Tax Assessment Act 1936 (other than section 73B) have in this Part, unless the contrary intention appears, the same meanings as in that Act.