Commonwealth Numbered Acts

SUBSIDY (CULTIVATION MACHINES AND EQUIPMENT) ACT 1986 No. 133, 1986 - SECT 9

9. (1) Subsidy is payable in accordance with this Act on the production in
Australia of subsidised equipment.

(2) Subsidy payable under this section in respect of subsidised equipment is
payable to the manufacturer, or the manufacturers, of the equipment.

(3) A manufacturer of subsidised equipment is not entitled to receive a
payment of subsidy under this section in respect of particular subsidised
equipment unless-

   (a)  all the processes in the manufacture of the equipment carried out in
        Australia by the manufacturer (if any) were carried out at registered
        premises;

   (b)  the last substantial process in the manufacture of the equipment was
        carried out at registered premises;

   (c)  the manufacture of the equipment was completed during the subsidy
        period; and

   (d)  all components and materials used in the manufacture of the equipment
        were components that-

        (i)    had not been used previously as components of, or as parts in,
               other equipment; or

        (ii)   had not been re-conditioned or rebuilt.

(4) A manufacturer of a subsidised cultivation machine is not entitled to
receive a payment of subsidy under this section in respect of the machine
unless, during the subsidy period, the machine-

   (a)  was sold, or otherwise disposed of, by the manufacturer or another
        manufacturer of the machine for use in Australia;

   (b)  was sold, or otherwise disposed of, to the Commonwealth; or

   (c)  was-

        (i)    prepared for sale by the manufacturer;

        (ii)   held in the manufacturer's stock; and

        (iii)  listed in the manufacturer's inventory of stock.

(5) A manufacturer of a subsidised cultivation machine is not entitled to
receive a payment of subsidy under this section in respect of the machine if,
before 15 April 1986, the machine-

   (a)  was sold or otherwise disposed of to a person for use by that person
        in commercial agriculture; or

   (b)  was used in commercial agriculture.

(6) A manufacturer of subsidised cultivation equipment is not entitled to
receive a payment of subsidy under this section in respect of the equipment
unless, during the subsidy period, the equipment-

   (a)  was sold, or otherwise disposed of, to another person for use in
        Australia;

   (b)  was sold, or otherwise disposed of, to the Commonwealth;

   (c)  was used by the manufacturer in Australia in connection with the
        repair or servicing of subsidised equipment; or

   (d)  was-

        (i)    prepared for sale by the manufacturer;

        (ii)   held in the manufacturer's stock; and

        (iii)  listed in the manufacturer's inventory of stock.

(7) A manufacturer of subsidised cultivation equipment is not entitled to
receive a payment under this section in respect of the equipment if the
equipment was used or is intended to be used by the manufacturer as original
equipment in the manufacture of a subsidised cultivation machine manufactured
by that manufacturer.

(8) Where-

   (a)  by virtue of sub-section 23 (4), the Comptroller determines that the
        registration of premises shall be deemed to have taken effect on and
        from 15 April 1986;

   (b)  on that day, the person who applied for the registration of the
        premises was directly or indirectly the owner in whole or in part of
        subsidised equipment;

   (c)  the last substantial process in the manufacture of the equipment was
        completed by a manufacturer at those premises before that day; and

   (d)  the equipment had not, before that day, been-

        (i)    sold, or otherwise disposed of, to a person for use by that
               person in commercial agriculture; or

        (ii)   used in commercial agriculture, the equipment shall, for the
               purposes of this Act (other than section 12), be deemed to have
               been manufactured on that day.

(9) Where-

   (a)  by virtue of sub-section 23 (4), the Comptroller determines that the
        registration of premises shall be deemed to have taken effect on and
        from 15 April 1986; and

   (b)  on that day, the person who applied for the registration of the
        premises was the owner of partly manufactured subsidised equipment,
        the manufacture of the equipment shall, for the purposes of this Act,
        be deemed to have commenced on that day.