Commonwealth Consolidated Acts

INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986 - SECT 39E

             (1)  The Board shall, as soon as practicable (and, in any event, within 90 days) after the commencement of this Part, formulate in writing guidelines to enable eligible companies to ascertain whether proposed Australian research and development activities will be regarded as having an adequate Australian content for the purposes of this Part.

             (2)  The Board shall cause the guidelines to be published in the Gazette and made available on request, without charge, to any eligible company.

             (3)  The Board may use as the basis of the guidelines any of the following matters, but is not limited to those matters:

                     (a)  the proportion of the total expenditure incurred in respect of particular activities that is to be incurred by residents of Australia;

                     (b)  the extent to which particular activities are to be carried out in Australia;

                     (c)  the extent to which particular activities are to be carried out by non‑residents, whether the activities are to be carried out in Australia or not;

                     (d)  the extent to which particular activities will involve the use of imported plant or of knowhow or technology acquired outside Australia.

             (4)  The Board is not entitled, in relation to expenditure incurred by a company on particular activities, to give a certificate stating that it is of the opinion that those activities do not have an adequate Australian content if, at the time when the expenditure was incurred, the activities complied with the guidelines in force at that time.

          (4A)  The Board may, at any time, and whether or not within 90 days after the commencement of this Part, by instrument in writing, repeal, replace or amend guidelines made under subsection (1).

             (5)  An instrument formulating guidelines under subsection (1), or repealing, replacing or amending such guidelines, is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .