Commonwealth Consolidated Acts

INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986 - SECT 39ED

             (1)  After considering an application under section 39EC, the Board must decide to:

                     (a)  grant the application; or

                     (b)  refuse the application.

             (2)  If the Board has not made a decision under subsection (1) before whichever time (the eligible time ) is the later of the following times:

                     (a)  the end of the period (the original 90‑day period ) of 90 days after the day on which the application was received by the Board;

                     (b)  if the Board, by written notice given to the applicant within the original 90‑day period, requests the applicant to give further information about the application--the end of the period of 90 days after the Board receives the further information;

then, at the eligible time, the Board is taken (except for the purpose of subsection (3)) to have made a decision under subsection (1) to refuse the application.

             (3)  If the Board makes a decision under subsection (1), the Board must give written notice of the decision to the applicant.

             (4)  A notice under subsection (3) relating to a refusal must set out the reasons for the refusal.

             (5)  The Board must not grant the application unless the Board is satisfied that the applicant meets the criteria set out in the guidelines formulated under section 39EB.

             (6)  If the Board grants the application, it must give to the applicant a provisional certificate in respect of the activities to which the application relates.

          (6A)  A provisional certificate granted pursuant to an application made after the commencement of this subsection has effect, and is taken always to have had effect, as if it had been given to the applicant on the day on which the application was made.

             (7)  A decision under subsection (1) is not invalid merely because it is made after the eligible time unless, before the decision is made, the applicant makes a request to the Board under subsection 39S(2).

Note:          Subsection 39S(2) deals with requests to the Board to reconsider decisions.