Commonwealth Consolidated Acts

INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986 - SECT 39J

             (1)  Subject to section 39K, if:

                     (a)  an eligible company applies to the Board for registration in relation to activities of either or both of the following kinds in respect of a year of income:

                              (i)  the eligible company's research and development activities;

                             (ii)  activities described in paragraph 73B(14C)(g) of the Income Tax Assessment Act 1936 in relation to the eligible company; and

                    (aa)  the application is in accordance with section 39JD; and

                     (b)  the company provides to the Board such information in relation to the activities covered by the application as the Board reasonably requires;

the Board shall register the company, in relation to those research and development activities, in respect of that year of income.

          (1A)  Subject to sections 39JA, 39JB, 39JC, 39JE and 39JF, the Board cannot register a company under this section, in relation to activities, in respect of a year of income:

                     (a)  if the year is the 1992‑93 year of income or an earlier year of income--after 2.30 pm Australian Eastern Standard Time on 6 December 1995; or

                     (b)  if the year is the 1993‑94 or 1994‑95 year of income--unless the application for registration is made before 7 June 1996; or

                     (c)  if the year is the 1995‑96 year of income or a later year of income that ends before the commencement of paragraph (d)--unless the application for registration is made after the end of the year of income but within 6 months after the end of that year; or

                     (d)  if the year of income ends on or after the commencement of this paragraph--unless the application for registration is made after the end of the year of income but within 10 months after the end of that year.

             (2)  An application by, or a registration of, a company under subsection (1) may relate to a year of income that ended before the commencement of this Part.

             (3)  Notwithstanding subsection (1), the Board may refuse to register a company in relation to a year of income unless the application is made after the end of that year of income.

             (4)  The registration of a company in respect of a year of income is not invalid merely because a ground existed on which the Board was entitled to refuse to register the company in respect of that year of income.

             (5)  The registration of a company in respect of a year of income is irrevocable.

          (5A)  The Board may alter the registration of a company in respect of a year of income if:

                     (a)  the alteration will correct a mistake in the registration; and

                     (b)  the mistake occurred because the application for registration contained an error in the information required to be specified, or included, in the application under paragraph 39JD(1)(a), (d) or (e); and

                     (c)  the Board determines that it is appropriate for the alteration to be made.

          (5B)  If the Board alters the registration of a company in respect of a year of income under subsection (5A), the registration has effect, and is taken always to have had effect, as if it had originally been made as altered.

             (6)  If the Board refuses to register a company in respect of a year of income, the Board shall give notice in writing to the company stating the reasons for the refusal.