8703.21.19
8703.22.19
8703.23.19
8703.24.19
8703.31.19
8703.32.19
8703.33.19
8703.90.19

production has the meaning given in section 7.

production value means:

(a) in relation to MVP production achieved by a particular MVP—the value of that production; or

(b) in relation to an automotive component produced by a particular ACP—the value of that automotive component; or

(c) in relation to an automotive machine tool, or automotive machine tooling, produced by a particular AMTP—the value of that tool or tooling; or

(d) in relation to an automotive service provided by a particular ASP—the value of that service;

worked out in accordance with regulations made for the purpose of this definition.

provided in Australia has the meaning given in subsection 7(7).

quarter means a period of 3 months commencing on 1 January, 1 April, 1 July or 1 October of a year.

registration quarter, in relation to a person in respect of whom the Secretary has decided to grant an application for registration as a participant, means the quarter in which the registration took effect, or is taken to have effect, under section 28.

relevant quarter, in relation to a participant who provides a return for a particular quarter as such a participant under section 35, means each of the quarters included within the period comprising:

(a) if that particular quarter is the registration quarter for that participant—the 8 quarters preceding that registration quarter; and

(b) if that particular quarter is the first quarter following the registration quarter for that participant—the 9 quarters preceding that particular quarter; and

(c) if that particular quarter is the second quarter following the registration quarter for that participant—the 10 quarters preceding that particular quarter; and

(d) if that particular quarter is any later quarter following the registration quarter for that participant—the 11 quarters preceding that particular quarter.

sale has a meaning affected by subsection (2).

sales value, in relation to goods sold and services provided by a participant, means the value of the goods sold or services provided less, in the case of goods, any sales tax payable on those goods.

scheme commencement date means 1 January 2001 unless, before that date, an earlier date, which must be the first day of a calendar year, is proclaimed for the purposes of this definition.

Secretary means the Secretary to the Department.

services includes the provision, grant or conferral of any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities under a contract, for which remuneration is payable in the form of a royalty or similar exaction.

Tariff means the Customs Tariff Act 1995.

type A investment, in relation to a quarter and an MVP, means investment undertaken by the MVP in that quarter (whether or not that quarter preceded, or in part preceded, the MVP’s registration) in that part of the MVP’s approved plant and equipment used to produce motor vehicles, engines or engine components.

type B investment, in relation to a quarter and an MVP, means investment undertaken by the MVP in that quarter (whether or not that quarter preceded, or in part preceded, the MVP’s registration) in that part of the MVP’s approved plant and equipment used:

(a) to produce automotive components (other than engines or engine components); or

(b) to produce automotive machine tools or automotive machine tooling; or

(c) to facilitate the provision of automotive services;

other than for the MVP’s own use.

type C investment, in relation to a quarter and an MVP, means investment undertaken by the MVP in that quarter (whether or not that quarter preceded, or in part preceded, the MVP’s registration) in that part of the MVP’s approved research and development that is directed:

(a) at the production of automotive components (other than engines or engine components); or

(b) at the production of automotive machine tools or automotive machine tooling; or

(c) at facilitating the provision of automotive services;

other than for the MVP’s own use.

type D investment, in relation to a quarter and an ACP, means investment undertaken by the ACP in that quarter (whether or not that quarter preceded, or in part preceded, the ACP’s registration) in that part of the ACP’s approved plant and equipment that:

(a) is used to produce automotive components, automotive machine tools or automotive machine tooling; or

(b) is used to facilitate the provision of automotive services.

type E investment, in relation to a quarter and to an ACP, means investment undertaken by the ACP in that quarter (whether or not that quarter preceded, or in part preceded, the ACP’s registration) in that part of the ACP’s approved research and development that is directed:

(a) at the production of the automotive components, automotive machine tools or automotive machine tooling; or

(b) at facilitating the provision of automotive services.

type F investment, in relation to a quarter and to an AMTP, means investment undertaken by the AMTP in that quarter (whether or not that quarter preceded, or in part preceded, the AMTP’s registration) in that part of the AMTP’s approved plant and equipment that is used to produce automotive machine tools or automotive machine tooling.

type G investment, in relation to a quarter and to an AMTP, means investment undertaken by the AMTP in that quarter (whether or not that quarter preceded, or in part preceded, the AMTP’s registration) in that part of the AMTP’s approved research and development that is directed at the production of the automotive machine tools or automotive machine tooling.

type H investment, in relation to a quarter and to an ASP, means investment undertaken by the ASP in that quarter (whether or not that quarter preceded, or in part preceded, the ASP’s registration) in that part of the ASP’s approved plant and equipment that is directed at facilitating the provision of automotive services.

type I investment, in relation to a quarter and to an ASP, means investment undertaken by the ASP in that quarter (whether or not that quarter preceded, or in part preceded, the ASP’s registration) in that part of the ASP’s approved research and development that is directed at facilitating the provision of automotive services.

unearned credit liability means a liability imposed under the ACIS (Unearned Credit Liability) Act 1999.

unmodulated capped production credit, in relation to a quarter and to an MVP, means the unmodulated capped production credit (if any) worked out in relation to that quarter and that MVP in accordance with subsection 42(2).

unmodulated investment credit:

(a) in relation to a quarter and to an MVP—means the unmodulated investment credit worked out in relation to that quarter and that MVP in accordance with section 43, 44 or 45; or

(b) in relation to a quarter and an ACP—means the unmodulated investment credit worked out in relation to that quarter and that ACP in accordance with section 46 or 47; or

(c) in relation to a quarter and an AMTP—means the unmodulated investment credit worked out in relation to that quarter and that AMTP in accordance with section 48 or 49; or

(d) in relation to a quarter and an ASP—means the unmodulated investment credit worked out in relation to that quarter and that ASP in accordance with section 50 or 51.

unmodulated uncapped production credit, in relation to a quarter and to an MVP, means the unmodulated uncapped production credit (if any) worked out in relation to that quarter and that MVP in accordance with subsection 42(1).

warrant premises, in relation to a monitoring warrant, means the premises to which the warrant relates.

(2) For the purposes of this Act, the regulations may specify:

(a) circumstances in which a sale of goods or services is taken to have occurred; and

(b) circumstances in which a sale of goods or services is taken not to have occurred.

(3) For the purposes of this Act, a reference to a person registered as an MVP, ACP, AMTP or ASP includes a reference to a group that is so registered in accordance with Division 4 of Part 2.

7 Meaning of production of goods and provision of services in Australia

Assembly of components can be production

(1) For the purposes of this Act, a person is taken to produce a thing even if the process of production consists entirely of assembling the thing from component parts and the person does not produce any of those component parts.

No production unless sale has occurred

(2) For the purposes of this Act, a person is taken to produce a thing only at the time when the person sells the thing produced.

Production of engines

(3) Subject to subsections (1) and (2), an engine is taken to have been produced in Australia if:

(a) the fitting of the crankshaft into the engine is carried out in Australia; and

(b) the engine has passed final quality control at the end of a production line in Australia.

Production of motor vehicles

(4) Subject to subsections (1) and (2), a motor vehicle is taken to have been produced in Australia if the motor vehicle:

(a) has undergone a process of colour coated painting in Australia; and

(b) has passed final quality control at the end of a production line in Australia.

Production of engine components

(5) Subject to subsections (1) and (2), an engine component is taken to have been produced in Australia if:

(a) at least one substantial process in the manufacture of the component is carried out in Australia; and

(b) the component has passed final quality control at the end of a production line in Australia.

Production of automotive components, automotive machine tools or automotive machine tooling

(6) Subject to subsections (1) and (2), an automotive component, an automotive machine tool or automotive machine tooling is taken to have been produced in Australia if:

(a) at least one substantial process in the manufacture of the automotive component, automotive machine tool or automotive machine tooling is carried out in Australia; and

(b) the automotive component, automotive machine tool or automotive machine tooling, as the case requires, has passed final quality control at the end of a production line in Australia.

Provision of automotive services

(7) An automotive service is taken to have been provided in Australia if:

(a) the design, development, engineering or production work comprising that service is carried out predominantly in Australia; and

(b) payment has been received for carrying out the service.

8 Approved forms

The Secretary may approve a form by instrument in writing.

9 Arm’s length transactions

(1) For the purposes of this Act, whenever it is necessary to determine:

(a) the production value or sales value of any motor vehicles, engines or engine components sold by a participant to another person; or

(b) the production value or sales value of any other goods or services sold by a participant to another person;

that production value or sales value is to be determined on the basis that the participant and other person are at arm’s length.

(2) For the purposes of this Act:

(a) whenever it is necessary to determine the value of any investment in plant and equipment, or in research and development, undertaken by a participant; and

(b) that investment involves the participant entering into a transaction with another person;

the value of that investment is to be determined on the basis that the participant and the other person are at arm’s length.

(3) For the purposes of this Act, the Minister may make guidelines:

(a) for the purposes of determining the circumstances when the parties to a transaction referred to in subsection (1) or (2) are to be treated as not being at arm’s length; and

(b) if the parties to a sale of motor vehicles, engines or engine components referred to in paragraph (1)(a) are to be treated, in accordance with the guidelines, as not being at arm’s length—for the purpose of determining what would have been the production value or sales value of the motor vehicles, engines or engine components to which the transaction relates had the parties been at arm’s length; and

(c) if the parties to a sale of other goods or services referred to in paragraph (1)(b) are to be treated, in accordance with the guidelines, as not being at arm’s length—for the purpose of determining what would have been the production value or sales value of the goods or services to which the transaction relates had the parties been at arm’s length; and

(d) if the parties to a transaction relating to an investment in plant and equipment referred to in paragraph (2)(a) are to be treated, in accordance with the guidelines, as not being at arm’s length—for the purpose of determining what would have been the amount of investment in plant and equipment to which the transaction relates had the parties been at arm’s length; and

(e) if the parties to a transaction relating to an investment in research and development referred to in paragraph (2)(b) are to be treated, in accordance with the guidelines, as not being at arm’s length—for the purpose of determining what would have been the amount of investment in research and development to which the transaction relates had the parties been at arm’s length.

(4) Guidelines made for the purposes of subsection (3) are disallowable instruments within the meaning of section 46A of the Acts Interpretation Act 1901.

10 Determination of entitlement to modulated credit between participants

(1) If more than one participant is involved in a transaction giving rise to the issue of modulated credit, the modulated credit will be issued to only one of those participants.

(2) The Minister must make rules for identifying, in circumstances where more than one participant is involved in a transaction giving rise to the issue of modulated credit, the participant who is entitled to that credit.

(3) A rule made under subsection (2) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

11 Other Commonwealth assistance

(1) For the purposes of this Act, a participant has received other Commonwealth assistance if the participant:

(a) being an MVP, has received and is entitled to financial assistance other than duty credit in relation to the production of motor vehicles, engines or engine components of a kind giving rise to an entitlement to duty credit under this Act; or

(b) being a participant of any kind, has received and is entitled to financial assistance other than duty credit for investment in plant and equipment of a kind giving rise to an entitlement to duty credit under this Act; or

(c) being a participant of any kind, has received and is entitled to financial assistance other than duty credit for investment in research and development of a kind giving rise to an entitlement to duty credit under this Act.

(2) For the purposes of paragraph (1)(a), an MVP is taken to have received and to have been entitled to financial assistance other than duty credit in relation to the production of motor vehicles, engines or engine components of a kind giving rise to an entitlement to duty credit under this Act if that MVP, whether before or after becoming such an MVP, received and was entitled to financial assistance other than duty credit in relation to goods whose later sale completed their production as such motor vehicles, engines or engine components.

(3) The Minister may determine, in writing, that a specified form of assistance provided by the Commonwealth:

(a) is not financial assistance for the purposes of this section; or

(b) is financial assistance for the purposes of this section.

(4) If the determination specifies that a form of assistance is financial assistance, the determination may also specify the method by which the amount of assistance received is to be worked out.

(5) A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

Part 2—Establishment of, and participation in, ACIS

Division 1—Overview

12 Overview of Part

(1) This Part establishes ACIS and sets out the basis on which persons can participate in the scheme.

(2) Division 2 establishes ACIS.

(3) Division 3 contains rules concerning the number of registrations a person can have under ACIS (Subdivision A) and the effect further registrations may have on a participant’s registration (Subdivision B).

(4) Division 4 provides for groups of companies to be registered as a single entity under ACIS.

(5) Division 5 sets out the formal requirements for applications for registration and the considerations that the Secretary must take into account when deciding whether to grant an application.

(6) Division 6 sets out the ongoing requirements that a participant must achieve to maintain the participant’s registration.

Division 2—Establishment of ACIS

13 Establishment of Automotive Competitiveness and Investment Scheme

There is established by this Act a scheme to be known as the Automotive Competitiveness and Investment Scheme or ACIS.

Division 3—Registration under ACIS

Subdivision A—Rules about registration

14 Rules about the number of registrations a participant may have under ACIS

Rule for MVPs

(1) A person who is registered as an MVP must not be registered as an ACP, AMTP or ASP while that person is an MVP.

Rule for ACPs

(2) A person who is registered as an ACP must not be registered as an MVP, AMTP or ASP while that person is an ACP.

Rule for AMTPs

(3) A person who is registered as an AMTP may also be registered as an ASP, but must not be registered as an MVP or ACP, while the person is registered as an AMTP. The person seeking registration as an AMTP and an ASP must apply separately for each registration as provided for in Subdivision B.

Rule for ASPs

(4) A person who is registered as an ASP may also be registered as an AMTP, but must not be registered as an MVP or ACP, while the person is registered as an ASP. The person seeking registration as an ASP and an AMTP must apply separately for each registration as provided for in Subdivision B.

15 Rules about the effect of further applications for registration on existing registrations

Rule for MVPs

(1) If an MVP applies for registration as an ACP, AMTP or ASP and the Secretary grants the later application, the registration as an MVP ceases to have effect immediately before the day on which the later application for registration is granted.

Rule for ACPs

(2) If an ACP applies for registration as an MVP, AMTP or ASP and the Secretary grants the later application, the registration as an ACP ceases to have effect immediately before the day on which the later application for registration is granted.

Rule for AMTPs seeking registration as MVPs or as ACPs

(3) If an AMTP applies for registration as an MVP or ACP and the Secretary grants the later application, the registration as an AMTP ceases to have effect immediately before the day on which the later application for registration is granted.

Rule for AMTPs seeking registration as ASPs instead

(4) If:

(a) an AMTP applies for registration as an ASP; and

(b) in that application, the AMTP notifies the Secretary that, if the registration is granted, the AMTP no longer desires to be registered as an AMTP; and

(c) the Secretary grants the later application;

the registration as an AMTP ceases to have effect immediately before the day on which the later application for registration is granted.

Rule for ASPs seeking registration as MVPs or as ACPs

(5) If an ASP applies for registration as an MVP or ACP and the Secretary grants the later application, the registration as an ASP ceases to have effect immediately before the day on which the later application for registration is granted.

Rule for ASPs seeking registration as AMTPs instead

(6) If:

(a) an ASP applies for registration as an AMTP; and

(b) in that application, the ASP notifies the Secretary that, if the registration is granted, the ASP no longer desires to be registered as an ASP; and

(c) the Secretary grants the later application;

the registration as an ASP ceases to have effect immediately before the day on which the later application for registration is granted.

Subdivision B—Applications for registration

16 Application for MVP registration

(1) A person who is a motor vehicle producer may apply to the Secretary for registration as an MVP if:

(a) in the 12 months preceding that application, the person produced in Australia at least 30,000 motor vehicles or at least 30,000 engines; or

(b) where paragraph (a) does not apply—the person is able to demonstrate, to the satisfaction of the Secretary, that in the 12 months following the application, the person is likely to produce in Australia at least 30,000 motor vehicles or at least 30,000 engines; or

(c) where neither paragraph (a) nor (b) applies—the person has been given permission by the Minister, under section 20, to apply for registration as an MVP.

(2) The application must be made in accordance with Division 5 and conform to any specifications set out in the regulations.

17 Application for ACP registration

(1) A person (not being a group of related companies that is treated as a single person in accordance with section 21) who is a producer of automotive components may apply to the Secretary for registration as an ACP if:

(a) in the 12 months preceding the application:

(i) the person produced in Australia at least one kind of automotive component for use as original equipment in at least 30,000 motor vehicles or in at least 30,000 engines and the production value of such component was at least $500,000; or

(ii) the production value of the automotive components produced by the person in Australia as original equipment was at least $500,000 and comprised at least 50% of the production value of all automotive components produced by the person; or

(b) where paragraph (a) does not apply—the person is able to demonstrate, to the satisfaction of the Secretary, that in the 12 months following the application:

(i) the person is likely to produce in Australia at least one kind of automotive component for use as original equipment in at least 30,000 motor vehicles or at least 30,000 engines and the production value of such component will be at least $500,000; or

(ii) the production value of the automotive components produced by the person in Australia as original equipment is likely to be at least $500,000 and to comprise at least 50% of the production value of all automotive components produced by the person; or

(c) where neither paragraph (a) nor (b) applies—the person has been given permission by the Minister, under section 20, to apply for registration as an ACP.

(2) A person (being a group of related companies that is treated as a single person in accordance with section 21) who is a producer of automotive components may apply to the Secretary for registration as an ACP if:

(a) in the 12 months preceding the application:

(i) the person produced in Australia at least one kind of automotive component for use as original equipment in at least 30,000 motor vehicles or in at least 30,000 engines and the production value of such component was at least $500,000; and

(ii) the production value of the automotive components produced by the person in Australia as original equipment comprised at least 50% of the production value of all automotive components produced by the person; or

(b) where paragraph (a) does not apply—the person is able to demonstrate, to the satisfaction of the Secretary, that in the 12 months following the application:

(i) the person is likely to produce in Australia at least one kind of automotive component for use as original equipment in at least 30,000 motor vehicles or at least 30,000 engines and the production value of such component will be at least $500,000; and

(ii) the production value of the automotive components produced by the person in Australia as original equipment is likely to comprise at least 50% of the production value of all automotive components produced by the person; or

(c) where neither paragraph (a) nor (b) applies—the person has been given permission by the Minister, under section 20, to apply for registration as an ACP.

(3) An application under subsection (1) or (2) must be made in accordance with Division 5 and conform to any specifications set out in the regulations.

18 Application for AMTP registration

(1) A person who is a producer of automotive machine tools or automotive machine tooling may apply to the Secretary for registration as an AMTP if:

(a) in the 12 months preceding the application:

(i) the production value of automotive machine tools and automotive machine tooling produced in Australia by that person was at least $500,000; and

(ii) at least 50% of that value was for automotive machine tools and automotive machine tooling used to produce original equipment; or

(b) where paragraph (a) does not apply—the person is able to demonstrate, to the satisfaction of the Secretary, that in the 12 months following the application:

(i) the production value of automotive machine tools and automotive machine tooling produced in Australia by that person is likely to be at least $500,000; and

(ii) at least 50% of that value is likely to be for automotive machine tools and automotive machine tooling used to produce original equipment; or

(c) where neither paragraph (a) nor (b) applies—the person has been given permission by the Minister, under section 20, to apply for registration as an AMTP.

(2) The application must be made in accordance with Division 5 and conform to any specifications set out in the regulations.

19 Application for ASP registration

(1) A person who is a provider of automotive services may apply to the Secretary for registration as an ASP if:

(a) in the 12 months preceding the application:

(i) the production value of automotive services provided by that person in Australia was at least $500,000; and

(ii) at least 50% of that production value was for services related to the production of motor vehicles or original equipment; or

(b) where paragraph (a) does not apply—the person is able to demonstrate, to the satisfaction of the Secretary, that in the 12 months following the application:

(i) the production value of automotive services proposed to be provided by that person in Australia is likely to be at least $500,000; and

(ii) at least 50% of that production value is likely to be for services related to the production of motor vehicles or original equipment; or

(c) where neither paragraph (a) nor (b) applies—the person has been given permission by the Minister, under section 20, to apply for registration as an ASP.

(2) The application must be made in accordance with Division 5 and conform to any specifications set out in the regulations.

20 Ministerial permission to apply for registration in the national interest

(1) A person may seek the Minister’s permission to apply for registration as a participant on the basis that the registration would be in the national interest.

(2) If the Minister is satisfied that, subject to the person’s meeting all the registration requirements other than the requirements set out in:

(a) if the person seeks permission to apply for registration as an MVP—paragraph 16(1)(a) or (b); or

(b) if the person (not being a group of related companies that is treated as a single person in accordance with section 21) seeks permission to apply for registration as an ACP—paragraph 17(1)(a) or (b); or

(c) if the person (being a group of related companies that is treated as a single person in accordance with section 21) seeks permission to apply for registration as an ACP—paragraph 17(2)(a) or (b); or

(d) if the person seeks permission to apply for registration as an AMTP—paragraph 18(1)(a) or (b); or

(e) if the person seeks permission to apply for registration as an ASP—paragraph 19(1)(a) or (b);

it would be in the national interest for the person to be so registered, the Minister may, by notice in writing, give that permission.

(3) Without limiting, by implication, the matters that the Minister may take into account in determining whether to grant a permission under this section for a person to apply for registration, the Minister may have regard to all or any of the following:

(a) whether the person would have been able to comply with the normal threshold eligibility requirements but for circumstances beyond the person’s control such as a natural disaster, an industrial accident or an industrial dispute;

(b) whether the registration of the person would significantly enhance the competitiveness of the Australian automotive industry;

(c) whether the registration of the person would provide significant benefits either to the Australian automotive industry or to the Australian economy;

(d) whether the registration of the person would introduce significant innovations in the Australian automotive industry;

(e) whether the registration of the person would generate significant employment or investment opportunities in the Australian automotive industry;

(f) whether the registration of the person would have significant strategic, regional or environmental impacts.

(4) To assist the Minister in determining whether to give that permission, the person must produce to the Minister, within a period specified by the Minister:

(a) any information or documents that the Minister considers are likely to be relevant to the Minister’s consideration of the application for that permission; and

(b) a business plan of a kind that will, if the Minister grants the approval to apply for registration, be required to be produced to the Secretary under subsection 23(3).

(5) If the Minister grants a person permission to apply for registration, the Minister must, in the decision granting that permission, set out the conditions to which the permission, and any subsequent registration, is subject, including conditions relating to the ongoing registration of the person.

(6) For the avoidance of doubt, conditions determined by the Minister under subsection (5) do not affect the operation of any provision of this Act that is consistent with those conditions.

(7) A decision of the Minister that it is in the national interest to grant a person permission to make an application for registration is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.

Division 4—Participation in ACIS by groups of companies

21 Certain groups of companies may seek permission to apply for registration as a single entity

(1) A group of related bodies corporate (within the meaning of sections 9 and 50 of the Corporations Law) may apply to the Secretary for permission to seek registration as a participant as if the group were a single person.

(2) The application for the Secretary’s permission must:

(a) be in writing; and

(b) be in an approved form; and

(c) contain such information as the form requires; and

(d) be accompanied by such documents as are necessary to establish that the companies are related; and

(e) without limiting the generality of paragraph (b), must nominate the member of the group who:

(i) is to act as the nominated contact person; and

(ii) is to receive duty credit on behalf of the group.

(3) Only a resident of Australia may be specified as the nominated contact person.

(4) The Secretary must deal with the application for permission in accordance with the regulations.

(5) A decision by the Secretary to grant or to refuse permission must be made in writing and, in the case of a refusal, be accompanied by a statement of the reasons for the refusal.

(6) A decision to grant permission must specify the conditions, if any, to which the application is subject.

(7) A decision to grant permission takes effect:

(a) on a day specified in the decision; or

(b) if no day is specified—on the day on which the decision is given.

22 Legal status of a group permitted to make application for registration

(1) If the Secretary grants a group permission to make application to be registered as a participant:

(a) the group’s eligibility to make that application for registration; and

(b) if that application for registration is refused—the group’s right to seek review of the decision refusing that application; and

(c) if the application for registration is granted—the group’s rights and liabilities under this Act, under the Customs Act 1901 (so far as that Act relates to persons registered under this Act), under the Tariff (so far as the Tariff relates to persons registered under this Act) and under the ACIS (Unearned Credit Liability) Act 1999;

are to be determined:

(d) as if the group possessed legal personality; and

(e) as if any act or thing done by or to the nominated contact person were an act or thing done by or to the group.

(2) In dealing with an application by a group given permission to apply for registration as a participant, the Secretary may treat all acts or things done by or to members of the group as if they were acts or things done by or to the group considered together.

(3) If the Secretary is satisfied, at any time, that, in relation to a group of companies given permission to seek registration as a participant or in relation to a group of companies that are so registered:

(a) any company in the group would not be a fit and proper person if that company were making application for registration in its own right; or

(b) any director of a company in the group and any officer or shareholder of a company in the group having the capacity to influence the management of that company, would not be a fit and proper person if that director, officer or shareholder were making application for registration in his or her own right;

the Secretary must decide that the group is not a fit and proper person within the meaning of section 29.

Division 5—Formal requirements for, and consideration of, applications for registration

23 The content of the application for registration

(1) An application for registration as a participant must:

(a) be in writing; and

(b) be in an approved form; and

(c) be accompanied by such documentation (if any) as the form requires; and

(d) be signed in the manner indicated in the form; and

(e) be lodged in accordance with section 24.

(2) Without limiting paragraph (1)(c), an application for registration must include information or documents as required by the form that relates to the applicant’s capability to comply with the document retention obligations under section 108.

(3) Without limiting paragraph (1)(c), an applicant for registration must include a business plan of the applicant, containing such particulars as are required by the form, in respect of the period starting on:

(a) if the application is made before the scheme commencement date—the scheme commencement date; and

(b) if the application is made on or after the scheme commencement date—the first day of the calendar year in which the application is made;

and ending on 31 December 2005.

24 Lodgment of applications

(1) An application for registration as a participant must be lodged in accordance with this section.

(2) The application may:

(a) be left at a place allocated for lodgment of ACIS applications specified in the approved form; or

(b) be posted by pre-paid post to a postal address specified in the approved form; or

(c) be sent by electronic facsimile to a facsimile number specified in the approved form.

25 When to apply

An application for registration may be made after the commencement of this Act.

26 Consideration of registration applications

(1) The Secretary must examine each application for registration and, as soon as practicable but before the end of the consideration period, determine whether to grant the application.

(2) If the Secretary is satisfied:

(a) that the applicant is eligible to apply for that registration; and

(b) that the applicant has provided the information and documents (if any) required by the approved form; and

(c) that the applicant can comply with the relevant document retention obligations set out in section 108; and

(d) where the applicant is a natural person—that the applicant is a fit and proper person; and

(e) where the applicant is a company—that the company is a fit and proper person; and

(f) where the applicant is a company—that each of the directors, and each officer or shareholder who is in a position to influence the management of the company, is a fit and proper person;

the Secretary must grant the application and inform the applicant accordingly.

(3) If the Secretary is not satisfied of a matter set out in paragraphs (2)(a) to (f), the Secretary must inform the applicant, in writing, that the application is refused and provide reasons for that refusal.

(4) For the purposes of subsection (1), the consideration period is the period starting on the day the application is lodged and ending:

(a) unless paragraph (b) applies—60 days after that day; and

(b) if the Secretary requires the applicant, under section 27, to provide further information by a specified day and the applicant duly provides the information or explains why the information cannot be provided—at the end of the period of 60 days referred to in paragraph (a) extended by the period taken to comply with the requirement or provide that explanation.

27 Secretary may seek further information

(1) If the Secretary, on examination of an application, considers that he or she needs further information before being able to make a decision under subsection 26(1), the Secretary may, by notice in writing given to the applicant, require the applicant to provide the information to the Secretary within a period specified in the notice.

(2) If the applicant fails or refuses, within the period specified, either to provide the further information or a reasonable explanation as to why it cannot be so provided, the applicant is taken, at the end of that period, to have withdrawn the application.

28 Date from which registration takes effect

(1) If an application for registration (other than an application made following the Minister’s permission, under section 20, to make that application) is granted before the scheme commencement date, the registration has effect on and from the scheme commencement date.

(2) If an application for registration (other than an application made following the Minister’s permission, under section 20, to make that application) is granted on or after the scheme commencement date, the registration has effect on and from the date it was granted.

(3) If:

(a) an application for registration is made following the Minister’s permission, under section 20, to make that application; and

(b) that application is granted before the scheme commencement date;

the registration has effect, subject to subsection (5), on and from:

(c) unless paragraph (d) applies—the scheme commencement date; or

(d) if the Minister’s permission could be disallowed in either House of the Parliament after the scheme commencement date—the last day on which the Minister’s permission could be so disallowed.

(4) If:

(a) an application for registration is made following the Minister’s permission, under section 20, to make that application; and

(b) that application is granted on or after the scheme commencement date;

the registration has effect, subject to subsection (5), on and from:

(c) unless paragraph (d) applies—the date the registration was granted; or

(d) if the Minister’s approval could be disallowed in either House of the Parliament after the date the registration was granted—the last day on which the Minister’s approval could be so disallowed.

(5) If:

(a) an application for registration is made following the Minister’s permission, under section 20, to make that application; and

(b) that application is granted; but

(c) after the grant of the application the Minister’s approval is disallowed in either House of the Parliament;

the registration never comes into effect.

29 Fit and proper person

(1) In determining whether, in relation to an application for registration to which paragraph 26(2)(d) or (f) applies, a natural person making the application or otherwise referred to in that paragraph is a fit and proper person, the Secretary must have regard to the following matters:

(a) any conviction of the person of an offence punishable by imprisonment for one year or longer:

(i) against a law of the Commonwealth; or

(ii) against a law of a State or of a Territory;

if that offence was committed within the 10 years immediately before the application for registration under ACIS;

(b) whether the person is an insolvent under administration;

(c) whether a misleading statement was made by or in relation to the person in the application for registration;

(d) if the misleading statement was false, whether the person making the statement knew that it was false.

(2) In determining whether, in relation to an application for registration to which paragraph 26(2)(e) relates, the company making the application is a fit and proper person, the Secretary must have regard to the following matters:

(a) any conviction of the company for an offence punishable by a fine of $5,000 or more:

(i) against a law of the Commonwealth; or

(ii) against a law of a State or of a Territory;

(b) if that offence was committed within the 10 years immediately before that decision and at a time when any person who is presently a director of the company, or an officer or shareholder of the company who presently is in a position to influence the management of the company, was such a director, officer or shareholder;

(c) whether the company has been placed under official management;

(d) whether the company is under administration within the meaning of the Corporations Law;

(e) whether the company has executed a deed of company arrangement under Part 5.3A of that Law that has not yet terminated;

(f) the company is being wound up;

(g) whether a receiver of the property, or part of the property, of the company has been appointed.

(3) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).

Division 6—Ongoing requirements of registration

30 Ongoing requirement of MVP registration

The ongoing requirement of registration of an MVP is:

(a) unless paragraph (b) applies—that the MVP must produce in Australia, in each period required under section 34, at least 30,000 motor vehicles or at least 30,000 engines; or

(b) if the MVP has been registered following the Minister’s permission, under section 20, to apply for that registration—that the MVP comply with the conditions relating to ongoing registration as specified by the Minister in granting that permission.

31 Ongoing requirement of ACP registration

Requirement where ACP is not a group

(1) The ongoing requirement of registration of an ACP that is not a group of related companies is:

(a) unless paragraph (b) applies:

(i) that the ACP must produce in Australia, in each period required under section 34, at least one kind of automotive component for use as original equipment in at least 30,000 motor vehicles or in at least 30,000 engines and the production value of such component must be at least $500,000; or

(ii) that the production value of the automotive components produced in Australia in each such period by the ACP as original equipment must be at least $500,000 and comprise at least 50% of the production value of all automotive components produced by the ACP; or

(b) if the ACP had been registered following the Minister’s permission, under section 20, to apply for that registration—that the ACP comply with the conditions relating to ongoing registration specified by the Minister in granting that permission.

Requirement where ACP is a group

(2) The ongoing requirement of registration of an ACP that is a group of related companies is:

(a) unless paragraph (b) applies:

(i) that the ACP must produce in Australia, in each period required under section 34, at least one kind of automotive component for use as original equipment in at least 30,000 motor vehicles or in at least 30,000 engines and the production value of such component must be at least $500,000; and

(ii) that the production value of the automotive components produced in Australia in each such period by the ACP as original equipment must comprise at least 50% of the production value of all automotive components produced by the ACP; or

(b) if the ACP had been registered following the Minister’s permission, under section 20, to apply for that registration—that the ACP comply with the conditions relating to ongoing registration specified by the Minister in granting that permission.

32 Ongoing requirement of AMTP registration

The ongoing requirement of registration of an AMTP is:

(a) unless paragraph (b) applies:

(i) that the production value of the automotive machine tools and automotive machine tooling produced by the AMTP in Australia, in each period required under section 34, must be at least $500,000; and

(ii) that at least 50% of that production value must have been for automotive machine tools and automotive machine tooling used to produce original equipment; or

(b) if the AMTP had been registered following the Minister’s permission, under section 20, to apply for that registration—that the AMTP comply with the conditions relating to ongoing registration specified by the Minister in granting that permission.

33 Ongoing requirement of ASP registration

The ongoing requirement of registration of an ASP is:

(a) unless paragraph (b) applies:

(i) that the production value of automotive services provided by that ASP in Australia, in each period required under section 34, must be at least $500,000; and

(ii) at least 50% of that production value must have been for services related to the production of motor vehicles or original equipment; or

(b) if the ASP had been registered following the Minister’s permission, under section 20, to apply for that registration—that the ASP comply with the conditions relating to ongoing registration specified by the Minister in granting that permission.

34 When do ongoing registration requirements for particular participants need to be met?

(1) This section applies in relation to a participant, other than a participant who is so registered following the Minister’s permission, under section 20, to apply for that registration.

(2) If the registration of a participant to whom this section applies takes effect on the scheme commencement date, the participant must meet the ongoing registration requirement in respect of that registration in each ACIS year.

(3) If the registration of a participant to whom this section applies takes effect after the scheme commencement date, the participant must meet the ongoing registration requirement in respect of that registration in each ACIS year following the ACIS year in which the person’s registration takes effect.

Note 1: Under section 110, a participant is liable to be deregistered if the participant does not comply with this section.

Note 2: Section 28 sets out when a participant’s registration takes effect.

Note 3: Participants registered following the Minister’s permission, under section 20, to apply for that registration, are subject to ongoing registration requirements determined when the Minister granted that permission.

Part 3—The making of returns by participants

35 Participants to make quarterly returns

(1) Each participant must:

(a) within 45 days; or

(b) within such longer period as the Secretary, in special circumstances, allows;

after the end of each quarter that ends after:

(c) the scheme commencement date; or

(d) the date that the registration of the person as such a participant has effect;

whichever last occurs, provide a return to the Secretary in respect of that quarter.

(2) Each quarterly return must:

(a) be made in writing, in a manner prescribed by the regulations; and

(b) be in an approved form.

(3) A participant who is registered as both an AMTP and an ASP must provide a separate quarterly return in respect of each registration.

36 Contents of MVPs’ returns

An MVP’s quarterly return must set out:

(a) particulars of all MVP production achieved by the MVP in that quarter and the production value of that production; and

(b) particulars of the expenditure on eligible investments undertaken by the MVP in that quarter; and

(c) if that quarter is the first quarter in respect of which such a return has been provided—particulars of expenditure on eligible investments undertaken by the MVP in respect of each of the quarters preceding that quarter that are relevant quarters; and

(d) particulars of the sales value by the MVP in that quarter of:

(i) motor vehicles, engines and engine components; and

(ii) automotive components (other than engines or engine components) and automotive machine tools and automotive machine tooling; and

(iii) automotive services; and

(e) if that quarter is the first quarter in respect of which such a return has been provided—particulars of the sales value by the MVP in the preceding 4 quarters of:

(i) motor vehicles, engines and engine components; and

(ii) automotive components (other than engines or engine components) and automotive machine tools and automotive machine tooling; and

(iii) automotive services; and

(f) particulars of any other Commonwealth assistance within the meaning of section 11 provided in respect of the production referred to in paragraph (a) and the investment referred to in paragraph (b) and, if paragraph (c) is applicable, paragraph (c); and

(g) any other particulars required by the form.

37 Contents of ACPs’ returns

(1) An ACP’s quarterly return must set out:

(a) particulars of the expenditure on eligible investments undertaken by the ACP in that quarter; and

(b) if that quarter is the first quarter in respect of which such a return has been provided—particulars of expenditure on eligible investments undertaken by the ACP in respect of each of the quarters preceding that quarter that are relevant quarters; and

(c) particulars of the sales value by the ACP in that quarter of:

(i) automotive components, automotive machine tools and automotive machine tooling; and

(ii) automotive services; and

(d) if that quarter is the first quarter in respect of which such a return has been provided—particulars of the sales value by the ACP in the preceding 4 quarters of:

(i) automotive components, automotive machine tools and automotive machine tooling; and

(ii) automotive services; and

(e) particulars of any other Commonwealth assistance within the meaning of section 11 provided in respect of eligible investments referred to in paragraph (a) and, if paragraph (b) is applicable, paragraph (b); and

(f) any other particulars required by the form.

(2) A return under subsection (1) in respect of the last quarter of an ACIS year must include particulars of the production of automotive components produced by the ACP in that year.

38 Contents of AMTPs’ returns

(1) An AMTP’s return must set out:

(a) particulars of the expenditure on eligible investments undertaken by the AMTP in that quarter; and

(b) if that quarter is the first quarter in respect of which such a return has been provided—particulars of expenditure on eligible investments undertaken by the AMTP in respect of each of the quarters preceding that quarter that are relevant quarters; and

(c) particulars of the sales value by the AMTP in that quarter of automotive machine tools and automotive machine tooling; and

(d) if that quarter is the first quarter in respect of which such a return has been provided—particulars of the sales value by the AMTP in the preceding 4 quarters of automotive machine tools and automotive machine tooling; and

(e) particulars of any other Commonwealth assistance within the meaning of section 11 provided in respect of eligible investments referred to in paragraph (a) and, if paragraph (b) is applicable, paragraph (b); and

(f) any other particulars required by the form.

(2) A return under subsection (1) in respect of the last quarter of an ACIS year must include particulars of the production of automotive machine tools and automotive machine tooling produced by the AMTP in that year.

39 Contents of ASPs’ returns

(1) An ASP’s quarterly return must set out:

(a) particulars of the expenditure on eligible investments undertaken by the ASP in that quarter; and

(b) if that quarter is the first quarter in respect of which such a return has been provided—particulars of expenditure on eligible investments undertaken by the ASP in respect of each of the quarters preceding that quarter that are relevant quarters; and

(c) particulars of the sales value by the ASP, in that quarter of automotive services; and

(d) if that quarter is the first quarter in respect of which such a return has been provided—particulars of the sales value by the ASP in the preceding 4 quarters of automotive services; and

(e) particulars of any other Commonwealth assistance within the meaning of section 11 provided in respect of eligible investments referred to in paragraph (a) and, if paragraph (b) is applicable, paragraph (b); and

(f) any other particulars required by the form.

(2) A return under subsection (1) in respect of the last quarter of an ACIS year must include particulars of automotive services provided by the ASP in that year.

40 Rules concerning returns

(1) If a participant, in providing a return for a quarter ending after registration other than the final quarter, fails to cover:

(a) any particular MVP production achieved (in the case of an MVP); or

(b) any particular investment undertaken;

by that participant in that quarter, that production or investment may be covered in the return for the quarter next following that quarter or, if 2 or more quarters follow that quarter, in either of the 2 quarters next following that quarter.

(2) If production achieved or investment undertaken by a participant is covered in a later return as provided for in subsection (1), it is to be treated, for all purposes of this Act, as if it were production achieved or investment undertaken in the quarter in which it is reported and not in the quarter in which it was actually achieved or undertaken.

(3) If production achieved or investment undertaken by a participant is not covered in a later return as provided for in subsection (1), it is to be treated, for all purposes of this Act, as if it had never been achieved or undertaken.

(4) If a participant, in providing a return in respect of the final quarter, fails to cover any particular:

(a) MVP production achieved (in the case of an MVP); or

(b) investment undertaken;

by that participant in that quarte