Commonwealth Consolidated Acts

INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986 - SECT 39JF

             (1)  The Board may register an eligible company under section 39J in respect of a year of income, despite the fact that the application for registration was not made within the period for making the application, if the Board considers that the application was made after the end of the period due to exceptional circumstances.

             (2)  If the Board proposes to refuse to register the company on the ground that the application was not made within the period for making the application, the Board must give written notice to the applicant advising the applicant of:

                     (a)  the proposed refusal; and

                     (b)  the right to lodge a statement and supporting evidence under subsection (3).

             (3)  Within 30 days of the Board giving notice to the applicant, the applicant may lodge with the Board a written statement that:

                     (a)  asks the Board to register the company despite the fact that the application was not made within the period for making the application; and

                     (b)  sets out reasons why the application was not made within the period for making the application.

If the applicant lodges a statement in accordance with this subsection, the applicant may also lodge evidence to support the statement within that 30 day period.

             (4)  The Board must wait until the end of that 30 day period before deciding whether to register the company under section 39J, as mentioned in subsection (1), despite the lateness of the application. When making that decision, the Board must take into account any statement and evidence lodged by the applicant under subsection (3).