Commonwealth Consolidated Acts

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INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986 - SECT 39G

Cancellation of registration of research agencies

             (1)  The Board shall determine the grounds on which the registration of a research agency may be cancelled and shall cause the grounds so determined to be made available to any person upon request, without charge, and to be published in the Gazette and in such other manner as the Board considers appropriate.

             (2)  The grounds to be determined under subsection (1) shall include the failure of a research agency to meet a criterion formulated under subsection 39F(2).

             (3)  Where the Board is of the opinion that a ground may exist for cancelling the registration of a research agency, the Board shall:

                     (a)  give notice in writing to the research agency stating that it is of that opinion and specifying particulars of the ground concerned; and

                     (b)  invite the research agency to make a written submission to the Board in relation to the matter within 90 days.

             (4)  If, after the end of that period or the receipt of a submission by the research agency, whichever first happens, and, if such a submission is received, after having regard to the matters raised in the submission, the Board is satisfied that the ground has been established, the Board may cancel the registration of the research agency.

             (5)  If the Board cancels the registration of a research agency, the Board shall give notice in writing to the agency stating the reasons for the cancellation.

             (6)  Except as provided by subsections (3) and (4), the Board may not cancel the registration of a research agency.

Note:          The registration of a research agency may also be cancelled by force of subsection 39FA(3).



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