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ACIS ADMINISTRATION ACT 1999

Table of Provisions

PART 1--PRELIMINARY

  • 1 Short title  
  • 2 Commencement  
  • 3 Purpose of the Act  
  • 4 Overview of the Act  
  • 5 Offences  
  • 6 Definitions  
  • 7 Meaning of production of goods and provision of services in  
  • 8 Approved forms  
  • 9 Arm's length transactions  
  • 10 Determination of entitlement to modulated credit between  
  • 11 Other Commonwealth assistance  

PART 2--ESTABLISHMENT OF, AND PARTICIPATION IN, ACIS

  Division 1—Overview  
  • 12 Overview of Part  
  •   Division 2—Establishment of ACIS  
  • 13 Establishment of Automotive Competitiveness and Investment  
  •   Division 3—Registration under ACIS Subdivision A—Rules about registration  
  • 14 Rules about the number of registrations a participant may have  
  • 15 Rules about the effect of further applications for registration on  
  • 16 Application for MVP registration  
  • 17 Application for ACP registration  
  • 18 Application for AMTP registration  
  • 19 Application for ASP registration  
  • 20 Ministerial permission to apply for registration in the national  
  •   Division 4—Participation in ACIS by groups of companies  
  • 21 Certain groups of companies may seek permission to apply for  
  • 22 Legal status of a group permitted to make application for  
  •   Division 5—Formal requirements for, and consideration of, applications for registration  
  • 23 The content of the application for registration  
  • 24 Lodgment of applications  
  • 25 When to apply  
  • 26 Consideration of registration applications  
  • 27 Secretary may seek further information  
  • 28 Date from which registration takes effect  
  • 29 Fit and proper person  
  •   Division 6—Ongoing requirements of registration  
  • 30 Ongoing requirement of MVP registration  
  • 31 Ongoing requirement of ACP registration  
  • 32 Ongoing requirement of AMTP registration  
  • 33 Ongoing requirement of ASP registration  
  • 34 When do ongoing registration requirements for particular  

PART 3--THE MAKING OF RETURNS BY PARTICIPANTS

  • 35 Participants to make quarterly returns  
  • 36 Contents of MVPs' returns  
  • 37 Contents of ACPs' returns  
  • 38 Contents of AMTPs' returns  
  • 39 Contents of ASPs' returns  
  • 40 Rules concerning returns  

PART 4--WORKING OUT UNMODULATED CREDIT

  Division 1—Overview  
  • 41 Overview of Part  
  •   Division 2—Working out unmodulated production credit and unmodulated investment credit for MVPs  
  • 42 Secretary to work out unmodulated production credit for each  
  • 43 Secretary to work out unmodulated type A credit for each  
  • 44 Secretary to work out unmodulated type B credit for each  
  • 45 Secretary to work out unmodulated type C credit for each  
  •   Division 3—Working out unmodulated investment credit for ACPs  
  • 46 Secretary to work out unmodulated type D credit for each  
  • 47 Secretary to work out unmodulated type E credit for each  
  •   Division 4—Working out unmodulated investment credit for AMTPs  
  • 48 Secretary to work out unmodulated type F credit for each  
  • 49 Secretary to work out unmodulated type G credit for each  
  •   Division 5—Working out unmodulated investment credit for ASPs  
  • 50 Secretary to work out unmodulated type H credit for each  
  • 51 Secretary to work out unmodulated type I credit for each  

PART 5--MODULATION OF UNMODULATED CREDIT

  Division 1—Overview  
  • 52 Overview of Part  
  •   Division 2—Caps on scheme and participants  
  • 53 $2,000,000,000 cap on ACIS  
  • 54 5% of sales cap on participants  
  •   Division 3—Guidelines for modulation  
  • 55 Minister must make modulation guidelines  
  •   Division 4—MVP credit  
  • 56 Secretary to modulate production credit for each MVP  
  • 57 Secretary to modulate investment credit for each MVP  
  • 58 Secretary must modulate in accordance with Ministerial  
  •   Division 5—ACP, AMTP and ASP credit  
  • 59 Secretary to modulate investment credit for each ACP, AMTP and  
  • 60 Secretary must modulate in accordance with Ministerial  

PART 6--THE ACIS LEDGER AND ITS MAINTENANCE

  Division 1—Overview  
  • 61 Overview of Part  
  •   Division 2—Establishment and maintenance of the ledger  
  • 62 Establishment and maintenance of ACIS ledger  
  • 63 Information to be kept in ledger  
  • 64 Entry of modulated credit in the ledger  
  • 65 Effect of entering modulated credit in the ledger  
  • 66 Circumstances in which the Secretary must amend the ledger  
  • 67 Ledger to show balance of credit  
  • 68 Person may apply to Secretary to fix an error in ledger  
  • 69 Electronic access to ledger  
  • 70 Secretary to notify owner of credit quarterly of changes to  
  •   Division 3—Period in which entries in ledger to be made  
  • 71 Time in which entries to be made  
  • 72 Secretary does not have to amend the ledger after 31 December  
  •   Division 4—No liability for ledger entries  
  • 73 Secretary not liable in certain circumstances  

PART 7--DEALING IN AND USE OF DUTY CREDIT

  Division 1—Overview  
  • 74 Overview of Part  
  •   Division 2—Transfer of credit  
  • 75 Duty credit transferable  
  •   Division 3—Minister may limit use of credit in certain circumstances  
  • 76 Minister may limit use of modulated ACP, AMTP or ASP investment  
  • 77 Minister may limit use of certain production credit  

PART 8--AUDIT

  Division 1—Overview  
  • 78 Overview of Part  
  •   Division 2—Appointment of authorised officers and identity cards  
  • 79 Appointment of authorised officers  
  • 80 Identity cards  
  •   Division 3—Powers of authorised officer Subdivision A—Monitoring powers  
  • 81 Authorised officer may enter premises by consent or under  
  • 82 Monitoring powers of authorised officers  
  • 83 Authorised officer may request persons to answer  
  •   Division 4—Obligations and incidental powers of authorised officers  
  • 84 Authorised officer must produce identity card on request  
  • 85 Consent  
  • 86 Announcement before entry  
  • 87 Details of monitoring warrant to be given to occupier etc. before  
  • 88 Use of electronic equipment in exercising monitoring  
  • 89 Compensation for damage to electronic equipment  
  •   Division 5—Occupier's rights and responsibilities  
  • 90 Occupier entitled to be present during execution of monitoring  
  • 91 Occupier to provide authorised officer with all facilities and  
  •   Division 6—Warrants  
  • 92 Monitoring warrants  

PART 9--UNEARNED DUTY CREDIT

  Division 1—Overview  
  • 93 Overview of Part  
  •   Division 2—Unearned credit liability  
  • 94 Person not entitled to certain duty credit  
  • 95 Unearned credit liability  
  • 96 Amount of unearned credit liability  
  •   Division 3—Offsetting of duty credit against unearned credit liability  
  • 97 Duty credit to be offset against liability  
  • 98 Offsetting of duty credit of the same kind  
  • 99 Offsetting of other kinds of duty credit  
  • 100 Order in which credit to be offset  
  • 101 Amount of unearned credit liability outstanding  
  • 102 Secretary to issue notice  
  •   Division 4—Time for payment of unearned credit liability  
  • 103 Time for payment of unearned credit liability  
  • 104 Late payment penalty  
  • 105 Extension of time for payment of unearned credit liability  
  • 106 Recovery of unearned credit liability and late payment  
  •   Division 5—Regulations concerning unearned duty credit  
  • 107 Regulations may deal with other matters  

PART 10--OBLIGATIONS RELATING TO DOCUMENTS

  • 108 Document retention obligations  
  • 109 Update of business plan  

PART 11--DEREGISTRATION

  • 110 Deregistration  

PART 12--ADMINISTRATIVE REVIEW OF CERTAIN DECISIONS

  • 111 Review of decisions affecting duty credit  
  • 112 Limitations on implementation of Federal Court decisions  
  • 113 Limitations on implementation of AAT decisions concerning duty  
  • 114 Review of other decisions  

PART 13--ADMINISTRATION OF ACT

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