Federal Register of Legislation - Australian Government

Primary content

Act No. 85 of 1976 as amended, taking into account amendments up to Act No. 92 of 1981
Registered 27 Nov 2009
Start Date 01 Jul 1981
End Date 30 Jun 1982
Date of repeal 01 Mar 2010
Repealed by Repealed by Act No. 8 of 2010

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976
- Reprinted as at 31 August 1981 (HISTACT CHAP 601 #DATE 31:08:1981)

*1* The Industrial Research and Development Incentives Act 1976 as shown in this reprint comprises Act No. 85, 1976 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------
Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
----------------------------------------------------------------------------
Industrial
Research and
Development
Incentives Act
1976 85, 1976 15 June
1976 1 July 1976
Administrative
Changes
(Consequential
Provisions) Act
1978 36, 1978 12 June
1978 12 June 1978 S. 8
Industrial
Research and
Development
Incentives
Amendment Act 1978 211,
1978 6 Dec 1978 S. 3 (c), (d)
and (g): 1 July
1976 Remainder:
Royal Assent Ss. 9 and 10
Industrial
Research and
Development
Incentives
Amendment Act 1981 44, 1981 13 May 1981 Ss. 1, 2 and 4:
Royal Assent Ss.
3 (1), 19 (1)
and 33 (1): 6
Dec 1978 Ss. 3
(2), 19 (2) and
33 (2): 1 July
1980 Ss. 3 (3),
6, 19 (3) and 20-
32: 10 June 1981
Ss. 3 (4), 5, 7-
18 and 34: 1
July 1981 Ss. 4 (2)
and 32-34
Companies
(Miscellaneous
Amendments) Act
1981 92, 1981 18 June
1981 (a) -
----------------------------------------------------------------------------
(a) The Industrial Research and Development Incentives Act 1976 was amended by s. 45 of the Companies (Miscellaneous Amendments) Act
1981, section 2 of which provides as follows:
"2. (1) Part I of this Act shall come into operation on the day on which this Act receives the Royal Assent.
"(2) Division 1 of Part XI of this Act shall come into operation on the day on which this Act receives the Royal Assent or, if on that day the Companies (Acquisition of Shares) Act 1980 has not come into operation, on the day on which the Companies (Acquisition of Shares) Act 1980 comes into operation.
"(3) The provision of this Act other than the provisions referred to in sub-sections (1) and (2) shall come into operation on the day on which the Companies Act 1981 comes into operation."
No date for the commencement of the Companies Act 1981 had been fixed at 31 August 1981 and the amendment made by the Companies (Miscellaneous Amendments) Act 1981 is not incorporated in this reprint.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - TABLE OF
PROVISIONS

TABLE

TABLE OF PROVISIONS

PART I-PRELIMINARY

Section

1. Short title

2. Commencement

3. Object of Act

4. Interpretation

5. Related companies

6. Approval of research organizations, &c.

7. Approved employees

PART II-ADMINISTRATION

8. Establishment of Board

8A. Functions and powers of Board

9. Membership of Board

10. Chairman

11. Remuneration and allowances

12. Leave of absence

13. Resignation

14. Termination of appointments

14A. Pecuniary interests

15. Acting appointments

16. Meetings of Board

17. Delegation

18. (Repealed)

19. Policies and practices of Board

19A. Technical Standing Committee

19B. Other committees

19C. Directions of Minister to committees

20. Staff

21. Advisory Committee

21A. Directions of Minister to Advisory Committee

21B. Board to assist Advisory Committee

21C. Pecuriary interests of members of committees

22. Secrecy

PART III-GRANTS

Division 1-Commencement Grants

23. Commencement grants

24. Maximum aggregate of grants to a Company

25. Limitation of number of years in respect of which grants payable
to a company

26. Grants not payable to a company where aggregate research and
development
expenditure in preceding 8 years exceeds $250,000

26A. Effect of reconstruction of companies

27. Company to undertake to exploit results of research and development

28. Adjustment of grant by reason of Commonwealth financial assistance

29. Abuse of Act

29A. Commencement grants and advances not to exceed moneys available

Division 2-Project Grants

30. Agreements with respect to projects

31. Total amount allocated for expenditure under this Division in
respect of a year

32. Restrictions applicable to project grant agreements

32A. Company to undertake to exploit results of projects

32B. Adjustment of project grant by reason of Commonwealth financial
assistance

33. Repayment of grant on breach of agreement

Division 3-Miscellaneous

34. Applications

35. Advances in respect of grants

PART IV-MISCELLANEOUS

36. Moneys to be appropriated

37. Offences

38. Recovery of over-payments to a person

39. Arrangements by Board for carrying out industrial research
onbehalf of Commonwealth

40. Annual Report

41. Review of certain decisions of Board

42. Regulations

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - LONG TITLE

SECT

An Act to make provision for and in relation to Industrial Research and Development, including the payment by the Commonwealth of Incentive Grants

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - PART I
PART I-PRELIMINARY

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 1
Short title

SECT

1. This Act may be cited as the Industrial Research and Development Incentives Act 1976.*1*

SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 2
Commencement

SECT

2. This Act shall come into operation on 1 July 1976.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 3
Object of Act

SECT

3. The object of this Act is to promote the development and improve the efficiency of Australian industry by encouraging industrial research and development in Australia in matters relating to science and technology.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 4
Interpretation

Sub-section (1) amended by No. 211, 1978, s. 3; No. 44, 1981, s. 3

SECT

4. (1) In this Act, unless the contrary intention appears-
"acting Chairman" means an acting Chairman of the Board appointed under section 15;
"acting member" means an acting member of the Board appointed under section 15, and includes an acting Chairman;
"Advisory Committee" means the Australian Industrial Research and Development Incentives Advisory Committee established by this Act;
"appointed member" means the Chairman or a member referred to in paragraph 9 (1) (c);
"approved professional institute" means a body that, at the relevant time, is a recognized professional institute for the purposes of this Act by virtue of a declaration under paragraph 6 (1) (b);
"approved research organization" means a research organization that, at the relevant time, is an approved research organization for the purposes of this Act by virtue of a declaration under paragraph 6 (1) (a);
"Australia"-
(a) in relation to mining operations-includes such areas of the seabed adjacent to Australia as are prescribed;
(b) in relation to the manufacture of goods-includes such areas of the sea adjacent to Australia as are prescribed; and
(c) in relation to construction operations-includes such areas of the sea or seabed adjacent to Australia as are prescribed;
"Board" means the Australian Industrial Research and Development Incentives Board established by this Act;
"Chairman" means the Chairman of the Board, but does not include an acting Chairman;
"commencement grant" means a grant of financial assistance under Division 1 of Part III;
"company" means a body or association of persons, whether corporate or unincorporate;
"concentration", in relation to a metal, means the separation of the metal from its ore by any process;
"construction operations" means operations relating to, and carried out at the site of, the construction of a building;
"corporate membership", in relation to an approved professional institute, means membership of the institute that entitles the member concerned to full voting and other rights under the rules or other document governing the activities of the institute;
"eligible company" means-
(a) a company (being a body corporate) that carries on, or proposes to carry on, the manufacture of goods, mining operations, construction operations or software production in Australia; or
(b) a recognized company that carries on, or proposes to carry on, the manufacture of goods, mining operations, construction operations or software production in Australia;
"eligible contract expenditure", in relation to a company in respect of a grant year, means so much of any amount paid or payable by the company to a research organization for the carrying out by the organization for the company of industrial research and development at a time in that year when the organization is an approved research organization as, in the opinion of the Board, is a reasonable charge for that industrial research and development;
"eligible expenditure", in relation to a company in respect of a grant year, means an amount equal to the sum of the following expenditure of the company in respect of the year, less any part of that expenditure that is expenditure on ineligible software research and development:

(a) eligible contract expenditure;
(b) eligible expenditure on technical information;
(c) eligible plant expenditure;
(d) eligible prototype expenditure; and
(e) eligible salary expenditure;
"eligible expenditure on technical information", in relation to a company in respect of a grant year, means any amount paid or payable by the company for obtaining technical information in that year, being technical information that the Board is satisfied was or is required by the company for the purposes of industrial research and development carried out, or to be carried out, by the company;
"eligible plant expenditure", in relation to a company in respect of a grant year (in this definition referred to as the "relevant grant year"), means an amount equal to the sum of-
(a) one-third of expenditure incurred by the company-
(i) in the case of the grant year commencing on 1 July 1976-in that year;
(ii) in the case of the grant year commencing on 1 July 1977-in that year and the grant year commencing on 1 July 1976; and
(iii) in the case of the grant year commencing on 1 July 1978 or any subsequent grant year-in that year and the 2 grant years immediatley preceding that year,
being expenditure of the company in purchasing or constructing, and installing, research and development plant, less any consideration which has been or will be received by the company in respect of the disposal, loss or destruction of that plant except to the extent that that consideration has been taken into account for the purposes of this definition in the application of this Act to the company in respect of a grant year earlier than the relevant grant year; and
(b) so much of any amount paid or payable by the company for the hire in the relevant grant year of research and development plant as, in the opinion of the Board, is a reasonable charge to the company for that hire;
"eligible prototype expenditure", in relation to a company in respect of a grant year, means expenditure incurred by the company in that year (other than expenditure that is eligible salary expenditure, eligible plant expenditure, eligible expenditure on technical information or eligible contract expenditure of the company in respect of that year) in making, or having made, in the course of the carrying out by the company of industrial research and development, a prototype, less any consideration which has been or will be received by the company in respect of the disposal, loss or destruction of the prototype except to the extent that that consideration has been taken into account for the purposes of this definition in the application of this Act to the company in respect of a previous grant year;
"eligible salary expenditure", in relation to a company in respect of a grant year, means expenditure incurred by the company in that grant year, in respect of so much of the salary or wages of full-time employees as was paid in respect of the whole or any part of a continuous period of not less than 4 weeks, or of periods amounting in the aggregate to not less than 4 weeks, during which the employees were, during their ordinary hours of duty, engaged primarily and principally in professional or technical research and development work and not engaged to any substantial extent in any other duties, less so much of any amount that, in the opinion of the Board, has been or will be received by the company for the performance by the company of industrial research and development for another person in that year as is reasonably attributable to the professional or technical research and development work involved in the performance of that industrial research and development, being professional or technical research and development work engaged in by those employees during that period or those periods;
"eligible software research and development", in relation to a company, means industrial research and development by the company that relates to the production, or proposed production, of software for computers or for similar equipment that are, or is-
(a) manufactured, or proposed to be manufactured, in Australia by that company or by another company that, by virtue of section 5, is deemed to be related to that company;
(b) used, or proposed to be used, in the manufacture in Australia of goods by that company or by another company that, by virtue of section 5, is deemed to be related to that company;
(c) used, or proposed to be used, in mining operations in Australia of that company or of another company that, by virtue of section 5, is deemed to be related to that company; or
(d) used, or proposed to be used, in construction operations in Australia of that company or of another company that, by virtue of section 5, is deemed to be related to that company;
"grant" means a commencement grant or a project grant;
"grant year" means the year that commences on 1 July 1976 or any of the 9 next succeeding years;
"industrial research and development", in relation to a company, means systematic experimentation or analysis in a field of science or technology carried on by the company, or procured by it to be carried out, in Australia with the object of-
(a) acquiring knowledge that may be of use for the purpose of devising or developing new or substantially improved material products or new or substantially improved processes for or in connexion with the production or use of material products (including processes for disposing of, or rendering harmless, waste products or emissions resulting from the production or use of material products); or
(b) applying knowledge for the purpose referred to in paragraph (a), but does not include experimentation or analysis in relation to software production, or proposed software production, the object of which is-
(c) to acquire knowledge that may be of use for the purpose of devising or developing improved material products; or
(d) to apply knowledge for the purpose referred to in paragraph (c);
"ineligible software research and development", in relation to a company, means industrial research and development by the company that-
(a) relates to software production or proposed software production; and
(b) is not eligible software research and development;
"material products" includes software for computers or for similar equipment;
"member" means the Chairman or other member of the Board, but does not include an acting member;
"metal" includes a compound of a metal;
"minerals" includes petroleum;
"mining operations" includes operations for the recovery of naturally occurring petroleum;
"new", in relation to material products, means not previously produced by the company concerned or by another company that, by virtue of section 5, is deemed to be related to that company, and, in relation to processes, means not previously used by the company concerned or by another company that is so deemed to be related to that company;
"petroleum" includes natural gas;
"previous Act" means the Industrial Research and Development Grants Act
1967*2* or that Act as amended and in force from time to time;
"professional qualification" means-
(a) the holding, in a branch of science or technology, of a degree, diploma or similar qualification that was granted by a university or by a college or other institution of tertiary or technical education and is approved by the Board for the purposes of this Act; or
(b) corporate membership of an approved professional institute or the holding of educational qualifications that are sufficient for admission to corporate membership of such an institute;
"professional or technical research and development work", in relation to a company, means-
(a) work by way of industrial research and development performed by a full-time employee of the company who-
(i) has a professional qualification; or
(ii) if the company is not an approved research organization-is, by virtue of an approval under section 7, an approved employee of the company for the purposes of this definition; or
(b) work by way of direct assistance in a technical capacity to the performance of work referred to in paragraph (a);
"project grant" means a grant of financial assistance under an agreement entered into under Division 2 of Part III;
"prototype" includes model;
"recognized company" means a company that, at the relevant time, is a recognized company for the purposes of this Act by virtue of a declaration under paragraph 6 (1) (aa);
"research and development plant", in relation to a company, means plant or equipment used, or for use, by or on behalf of the company solely for the purpose of industrial research and development carried out, or proposed to be carried out, by or on behalf of the company;
"research organization" means a person who, or a body or organization which, enters into contracts to perform industrial research and development otherwise than as an employee;
"salary or wages" does not include salary or wages of an employee in respect of a period when the employee was absent from his employment on long-service leave;
"software production" means the production of software for computers or for similar equipment;
"technical information" means technical or scientific information in books, journals or other publications, or in some other form, and includes technical or scientific information provided by an information service;
"Technical Standing Committee" means the Technical Standing Committee established by section 19A;
"year" means a period of 12 months commencing on 1 July.

(2) A reference in this Act to expenditure incurred by a company in a year shall be read as a reference to an amount that has become payable by the company in the year, whether or not it is paid in that year.

(3) Without either extending or restricting, by implication, the scope of the definition of "industrial research and development" in sub-section (1), it is declared that the following do not constitute industrial research and development for the purposes of this Act:

(a) methods engineering;
(b) operational research;
(c) routine quality control;
(d) routine materials testing;
(e) exploration or prospecting for minerals;
(f) design work that-
(i) arises from a need to meet the special requirements of a customer; or
(ii) is primarily directed to style as distinct from the functional characteristics of a product; and
(g) such other operations as are prescribed, whether generally or in relation to a particular class of material products or processes.

(4) Regulations made for the purposes of paragraph (3) (g) do not apply in relation to a grant year earlier than the grant year next commencing after the notification of the regulations in the Gazette.

Inserted by No. 211, 1978, s. 3

SECT

(4A) A reference in this Act to a grant, or to an amount of a grant, payable during or in a year shall be read as a reference to a grant, or an amount of a grant, as the case may be, that first becomes due for payment during that year.

Substituted by No. 44, 1981, s. 3

SECT

(5) A reference in this Act to industrial research and development, in relation to an eligible company, shall be read as a reference to such, and only to such, industrial research and development as is-
(a) performed by or for the company directly in relation to-
(i) the manufacture, or proposed manufacture, in Australia of goods by the company or by another company that, by virtue of section 5, is deemed to be related to the company;
(ii) the manufacture, or proposed manufacture, in Australia of goods by another person, being goods that are directly related to the sale or manufacture of goods manufactured, or proposed to be manufactured, in Australia by the company or by another company that, by virtue of section 5, is deemed to be related to the company;
(iii) mining operations, or proposed mining operations, in Australia of the company or of another company that, by virtue of section 5, is deemed to be related to the company;
(iv) construction operations, or proposed construction operations, in Australia of the company or of another company that, by virtue of section 5, is deemed to be related to the company; or
(v) software production, or proposed software production, in Australia by the company or by another company that, by virtue of section 5, is deemed to be related to the company; or
(b) performed by the company, acting as a research organization, directly in relation to-
(i) the manufacture, or proposed manufacture, in Australia, of goods by another person;
(ii) mining operations, or proposed mining operations, in Australia of another person;
(iii) construction operations, or proposed construction operations, in Australia of another person; or
(iv) software production, or proposed software production, in Australia by another person.

(6) Where, at any time, a company commences to use research and development plant or a prototype for a purpose other than industrial research and developement, the company shall, for the purposes of the definitions of "eligible plant expenditure" and "eligible prototype expenditure" in sub-section (1), be deemed to have disposed of the plant or prototype at that time.

(7) A reference in the definitions referred to in sub-section (6) to consideration which has been or will be received in respect of the disposal, loss or destruction of plant or a prototype shall be read as a reference to-
(a) in the case of the sale of the plant or prototype-such amount as, in the opinion of the Board, is the sale price less the expenses of the sale;
(b) in the case of the loss or destruction of the plant or prototype-such amount as, in the opinion of the Board, is the amount or value which has been or will be received under a policy of insurance or otherwise in respect of the loss or destruction;
(c) in the case of the sale of the plant or prototype with other assets where no separate value is allocated to the plant or prototype-such part of the sale price as is determined by the Board less such part of the expenses of the sale as is determined by the Board; and
(d) in the case of the disposal of the plant or prototype otherwise than by sale or in a case where the plant or prototype is deemed to have been disposed of-the amount determined by the Board to be the value (if any) of the plant or prototype at the time of the disposal.

(8) Without limiting the generality of the references in this Act to the manufacture of goods, those references shall be deemed to include a reference to the refining of petroleum and to the concentration of a metal or the treatment or processing of a metal after its concentration, or, in the case of a metal not requiring concentration, the application to the metal of a treatment or process which, if the metal had required concentration, would not have been applied until after the concentration.

Substituted by No. 44, 1981, s. 3

SECT

(9) A company shall be deemed for the purposes of this Act to have carried on the manufacture of goods, construction operations or software production in a year if, under a contract entered into between the company and any other person, that other person manufactured goods, carried on construction operations or carried on software production, as the case may be, for the company in that year.

Sub-section (10) omitted by No. 211, 1978, s. 3
* * * * * * * *
*2* S. 4, definition of "previous Act"-The Industrial Research and Development Grants Act 1967 was repealed by the Industrial Research and Development Incentives Amendment Act 1981 (No. 44, 1981).

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 5
Related companies

SECT

5. (1) For the purposes of this Act-
(a) where a company is a subsidiary of another company, the first-mentioned company and that other company shall be deemed to be related to each other; and
(b) where 2 or more companies are each subsidiaries of another company, those companies and that other company shall be deemed to be related to each other.

(2) For the purposes of sub-section (1), where a company has shareholding interests in the shares in another company exceeding in amount one-half of the total of the amounts paid on all shares in the other company, that other company shall be deemed to be the subsidiary of the first-mentioned company.

(3) For the purposes of this section-
(a) a company has a shareholding interest in the shares in another company if the first-mentioned company is beneficially entitled to, or is beneficially entitled to an interest in, any shares in the other company, whether or not the whole or any part of the legal ownership of the shares is vested in the first-mentioned company; and
(b) the amount of the shareholding interest is an amount equal to the value of the shares, or of the first-mentioned company's interest in the shares, as the case requires, on the basis that the value of the shares is equal to the amount paid on the shares.

(4) For the purposes of this section, where a company (in this sub-section referred to as the "first company") has shareholding interests in the shares in a company (in this sub-section referred to as the "second company") that has shareholding interests in the shares in another company (in this sub-section referred to as the "third company"), the first company shall be deemed to have shareholding interests in the shares in the third company (in addition to any other shareholding interests) of an amount that bears to the amount of the shareholding interests of the second company in the shares in the third company the same proportion as the amount of the shareholding interests of the first company in the shares in the second company bears to the total of the amounts paid on all shares in the second company.

(5) In ascertaining for the purposes of the application of sub-section (4) the extent and amount of the shareholding interests of a company in the shares in another company, there shall be taken into account any shareholding interest which that first-mentioned company is to be deemed to have in the shares in that other company by any other application or applications of that sub-section or this sub-section.

(6) A reference in this section to shares in a company shall be read as a reference to shares in, or stock forming part of, the capital of a company and a reference in this section to an amount paid on shares in a company shall be read as including a reference to an amount treated by the company as having been so paid.

(7) In this section-
"company" does not include an unincorporated body or association of persons;
"share", in relation to a company, means a share of a kind carrying voting rights on all questions at general meetings of the company.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 6
Approval of research organizations, &c.

Sub-section (1) amended by No. 44, 1981, s. 4

SECT

6. (1) The Board may, by notice published in the Gazette-
(a) declare that a specified research organization is, or shall be deemed to have been at or from any time, an approved research organization for the purposes of this Act;
(aa) declare that a specified company (being a body or association of persons that is unincorporate) is, or shall be deemed to have been at or from any time (whether before or after the commencement of this paragraph), a recognized company for the purposes of this Act;
(b) declare that a specified body in Australia is, or shall be deemed to have been at or from any time, a recognized professional institute for the purposes of this Act; and
(c) revoke a declaration made under paragraph (a), (aa) or (b) with effect from the date of publication of the notice of revocation in the Gazette.

(2) A declaration made under paragraph 6 (a) or (b) of the previous Act before the commencement of this Act, being a declaration which has not been revoked under paragraph 6 (c) of that Act before the commencement of this Act, shall, on the commencement of this Act, be deemed, for the purposes of this Act, to be a declaration made by the Board under paragraph (1) (a) or (b) of this section, as the case requires.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 7
Approved employees

Sub-section (1) amended by No. 44, 1981, s. 5

SECT

7. (1) If the Technical Standing Committee is satisfied that an employee of a company (not being a research organization) who does not have a professional qualification has skills, ability and experience that fit him to carry out work by way of industrial research and development for the company, the Committee may recommend to the Board that the employee be approved as an approved employee of the company for the purpose of the definition of "professional or technical research and development work" in sub-section 4 (1), and the Board may then approve the employee as such an approved employee.

Amended by No. 44, 1981, s. 5

SECT

(2) If the Technical Standing Committee recommends to the Board that the approval of an employee of a company as an approved employee of the company for the purpose of the definition of "professional or technical research and development work" in sub-section 4 (1) be revoked, the Board may revoke the approval of the employee as such an approved employee.

(3) A revocation of an approval of an employee of a company does not apply in relation to a grant year before the grant year next commencing after the revocation of the approval.

(4) An approval of an employee of a company (not being a research organization) given under sub-section 6A (1) of the previous Act before the commencement of this Act, being an approval which has not been revoked under sub-section 6A (2) of that Act before the commencement of this Act, shall, on the commencement of this Act, be deemed, for the purposes of this Act, to be an approval given by the Board under sub-section (1) of this section.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - PART II
PART II-ADMINISTRATION

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 8
Establishment of Board

SECT

8. There is established by this Act a Board by the name of the Australian Industrial Research and Development Incentives Board.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 8A
Functions and powers of Board

Inserted by No. 44, 1981, s. 6

SECT

8A. (1) The Board has such functions as are conferred on it by a provision of this Act (other than this section) and, in addition, has the following functions:

(a) to establish effective communication between the Board and persons or bodies engaged in industry or in industrial research and development so as to encourage industrial research and development in Australia;
(b) to co-operate with Departments and authorities of the Commonwealth engaged in, or concerned with the provision of financial assistance for, industrial research and development in Australia;
(c) to advise the Minister on matters relating to incentives for industrial research and development.

(2) The Board has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 9
Membership of Board

Sub-section (1) substituted by No. 44, 1981, s. 7

SECT

9. (1) The Board shall consist of-
(a) the Chairman;
(b) the officer who, at any time, is performing the duties of the office, being an office in the Department that deals with matters arising under this Act, that is designated by the Minister, by notice published in the Gazette , for the purposes of this paragraph; and
(c) not less than 6 or more than 10 other members.

Substituted by No. 44, 1981, s. 7

SECT

(2) The Chairman and the members referred to in paragraph (1) (c) shall be appointed by the Governor-General and shall be so appointed as part-time members.

Substituted by No. 44, 1981, s. 7

SECT

(3) An officer or employee of the Australian Public Service or an officer or employee of the Public Service of a State or Territory shall not be appointed as Chairman.

(4) In making appointments of persons as members of the Board, the Governor-General shall ensure that, so far as is practicable, a person is not appointed unless he is qualified for appointment by virtue of his knowledge of, or experience in, industry (including mining) or commerce, or research in a field of science or technology.

Amended by No. 44, 1981, s. 7

SECT

(5) An appointed member shall be appointed for such period, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re-appointment.

Amended by No. 44, 1981, s. 7

SECT

(6) An appointed member shall hold office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Governor-General.

Substituted by No. 44, 1981, s. 7

SECT

(7) The performance of the functions and the exercise of the powers of the Board are not affected by reason of-
(a) there being a vacancy in the office of Chairman; or
(b) the number of members falling below 8 for a period of not more than 6 months.

Sub-section (8) omitted by No. 44, 1981, s. 7
* * * * * * * *

SECT

(9) The appointment of a member is not invalidated, and shall not be called in question, by reason of a deficiency or irregularity in, or in connexion with, his appointment.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 10
Chairman

Sub-section (1) omitted by No. 44, 1981, s. 8

SECT

10. * * * * * * *

(2) It is the duty of the Chairman, or an acting Chairman, to ensure the efficient and orderly conduct of the business of the Board, and for that purpose the Chairman or an acting Chairman-
(a) shall make, or cause to be made, such inquiries into applications under Part III or into any other matter relevant to the operation of this Act as he thinks necessary;
(b) may make, or cause to be made, to the Board such reports in relation to applications under Part III as he thinks fit; and
(c) may determine the form of the records to be kept by the Board.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 11
Remuneration and allowances

Substituted by No. 44, 1981, s. 9

SECT

11. (1) This section applies to a person who is-
(a) an appointed member; or
(b) a member of the Technical Standing Committee, or of a committee appointed under section 19B, who is not a member of the Board.

(2) A person to whom this section applies shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.

(3) A person to whom this section applies shall be paid such allowances as are prescribed.

(4) This section has effect subject to the Remuneration Tribunals Act 1973.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 12
Leave of absence

Amended by No. 44, 1981, s. 10

SECT

12. The Minister may grant leave of absence to an appointed member upon such terms and conditions as to remuneration or otherwise as the Minister determines.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 13
Resignation

Substituted by No. 44, 1981, s. 11

SECT

13. An appointed member may resign his office by writing signed by him and delivered to the Governor-General.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 14
Termination of appointments

Substituted by No. 44, 1981, s. 11

SECT

14. (1) The Governor-General may terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity.

(2) If an appointed member-
(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their benefit;
(b) is absent, except on leave granted by the Minister or otherwise with the permission of the Minister, from 3 consecutive meetings of the Board;
(c) without reasonable excuse, fails to comply with his obligations under section 14A; or
(d) being the Chairman-becomes an officer or employee of the Australian Public Service or an officer or employee of the Public Service of a State or Territory,
the Governor-General shall terminate his appointment.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 14A
Pecuniary interests

Inserted by No. 44, 1981, s. 11

SECT

14A. (1) A member (including an acting member) who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of the Board.

(2) A disclosure under sub-section (1) shall be recorded in the minutes of the meeting of the Board and the member shall not, unless the Minister or the Board otherwise determines-
(a) be present during any deliberation of the Board with respect to that matter; or
(b) take part in any decision of the Board with respect to that matter.

(3) For the purposes of the making of a determination by the Board under sub-section (2) in relation to a member who has made a disclosure under sub-section (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not-
(a) be present during any deliberation of the Board for the purpose of making the determination; or
(b) take part in the making by the Board of the determination.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 15
Acting appointments

Substituted by No. 44, 1981, s. 11

SECT

15. (1) The Minister may appoint a member or other person (other than the member referred to in paragraph 9 (1) (b)) to act as Chairman-
(a) during a vacancy in the office of Chairman whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairman is absent from duty or from Australia or is, for any other reason, unable to perform the duties of his office,
but a person appointed to act during a vacancy shall not continue so to act for more than 12 months.

(2) Where, by reason that the number of members referred to in paragraph 9 (1) (c) is less than 6, there is a vacancy in an office of a member, the Minister may appoint a person who is not a member to act in that office during the vacancy, but a person so appointed shall not continue so to act for more that 12 months.

(3) The Minister may appoint a person who is not a member to act in the place of a member referred to in paragraph 9 (1) (c) during any period, or during all periods, when the member is acting as Chairman, is absent from duty or from Australia or, for any other reason, unable to perform the duties of his office.

(4) An appointment of a person under this section may be expressed to have effect only in such circumstances as are specified in his instrument of appointment.

(5) The Minister may-
(a) determine the terms and conditions of appointment, including remuneration and allowances, of a person appointed under this section; and
(b) at any time terminate such an appointment.

(6) Where a person is acting as Chairman in accordance with paragraph (1) (b) and the office of Chairman becomes vacant while that person is so acting, then, subject to sub-section (4), that person may continue so to act until the Minister otherwise directs, the vacancy is filled, or a period of 12 months from the date on which the vacancy occurred expires, whichever first happens.

(7) The appointment of a person under this section ceases to have effect if he resigns his appointment by writing signed by him and delivered to the Minister.

(8) While a person is acting as Chairman or as a member under this section, he has and may exercise all the powers, and shall perform all the functions, of the Chairman or a member, as the case may be, under this Act.

(9) The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for his appointment had not arisen, that there is a defect or irregularity in or in connection with his appointment, that the appointment had ceased to have effect or that the occasion for him to act had not arisen or had ceased.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 16
Meetings of Board

Sub-section (1) amended by No. 44, 1981, s. 12

SECT

16. (1) The Board shall hold such meetings as are necessary for the performance of its functions.

(2) The Chairman may at any time, and, if so directed by the Minister, shall, convene a meeting of the Board.

(3) The Chairman shall preside at all meetings of the Board at which he is present.

(4) If the Chairman is not present at a meeting of the Board, the members present at the meeting shall elect one of their number to preside at the meeting.

Amended by No. 44, 1981, s. 12

SECT

(5) At a meeting of the Board, 5 members constitute a quorum.

(6) Questions arising at a meeting of the Board shall be determined by a majority of the members present and voting and-
(a) if the Chairman is present-he has a deliberative vote and, in the case of an equality of votes, he has a casting vote; or
(b) if the Chairman is not present and a question arising at the meeting cannot be determined by a majority of the votes of the members present and voting-the question shall be deferred to a meeting at which the Chairman is present.

Inserted by No. 44, 1981, s. 12

SECT

(6A) The Board shall cause minutes of its meetings to be kept.

(7) In this section-
(a) a reference to the Chairman shall, if there is an acting Chairman, be read as a reference to the acting Chairman; and
(b) a reference to a member shall be read as including a reference to an acting member.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 17
Delegation

Sub-section (1) amended by No. 44, 1981, s. 13

SECT

17. (1) The Board may, by resolution, either generally or as otherwise provided by the resolution, delegate to the Chairman, or to the member referred to in paragraph 9 (1) (b), any of its powers under this Act, other than this power of delegation.

Amended by No. 44, 1981, s. 13

SECT

(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Board.

(3) A delegation of a power under this section-
(a) may be revoked by resolution of the Board (whether or not constituted by the persons constituting the Board at the time the power was delegated);
(b) does not prevent the exercise of the power by the Board; and
(c) continues in force notwithstanding a change in the membership of the Board.

(4) Section 34A of the Acts Interpretation Act 1901-1973 applies in relation to a delegation under this section as if the Board were a person.

(5) A certificate signed by the Chairman stating any matter with respect to a delegation of a power under this section is prima facie evidence of that matter.

(6) A document purporting to be a certificate mentioned in sub-section (5) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.

(7) In this section, a reference to the Chairman shall, if there is an acting Chairman, be read as a reference to the acting Chairman.

Section 18 repealed by No. 44, 1981, s. 14
* * * * * * * *

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 19
Policies and practices of Board

SECT

19. (1) The Minister may, from time to time, by notice in writing delivered to the Chairman or acting Chairman and expressed to be given under this section, give directions to the Board with respect to the policies and practices to be followed by the Board in the performance of its functions, and the exercise of its powers, under this Act (including, without limiting the generality of the foregoing, the policies and practices to be followed by the Board with respect to the entering into by the Board of agreements under section 30 and the provisions to be included in such agreements), and the Board shall comply with any such direction that is in force.

(2) The Minister shall forthwith cause to be published in the Gazette particulars of any direction given under sub-section (1) and of any revocation of any such direction.

(3) A direction of the Minister under this section shall not operate so as to affect prejudicially an application for a commencement grant in respect of a grant year that commenced before the date of publication in the Gazette of particulars of the direction.

(4) Nothing in this section authorizes the Minister to give a direction to the Board in relation to a particular company.

(5) A decision of the Board is not invalidated, and shall not be called in question, on the ground that the Board has limited the exercise of its discretion in a particular case by reference to any general policy or practice adopted or announced by the Board.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 19A
Technical Standing Committee

Inserted by No. 44, 1981, s. 15

SECT

19A. (1) There shall be a committee by the name of the Technical Standing Committee.

(2) The Technical Standing Committee shall consist of not more than 5 members who shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

(3) The Technical Standing Committee may be constituted-
(a) partly by members of the Board and partly by other persons; or
(b) wholly by other persons,
but the Minister shall ensure that the committee is so constituted that it can give expert technical and commercial advice on any matter that may be referred to it under this section.

(4) The Technical Standing Committee shall elect one of its members to be Chairman of the committee.

(5) A member of the Technical Standing Committee shall hold office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.

(6) A member of the Technical Standing Committee may resign his office by writing signed by him and delivered to the Minister.

(7) The Board may refer to the Technical Standing Committee-
(a) any matter of a technical or commercial nature relating to an application by a company under Part III on which the Board desires the advice of the Committee; or
(b) any matter on which the recommendation of the Committee is desired by the Board for the purposes of section 7.

(8) The Technical Standing Committee shall cause minutes of its meetings to be kept.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 19B
Other committees

Inserted by No. 44, 1981, s. 15

SECT

19B. (1) The Minister may, from time, by notice published in the Gazette, appoint such committees as he considers necessary for providing advice in relation to project grants.

(2) A committee appointed under this section shall consist of not more than 9 members (including at least one member of the Board) who shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

(3) A committee appointed under this section shall elect one of its members to be Chairman of the committee.

(4) A member of a committee appointed under this section shall hold office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.

(5) A member of a committee appointed under this section may resign his office by writing signed by him and delivered to the Minister.

(6) The Board may refer to a committee appointed under this section for advice any matter in respect of which the committee may provide advice.

(7) A committee appointed under this section shall cause minutes of its meetings to be kept.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 19C
Directions of Minister to committees

Inserted by No. 44, 1981, s. 15

SECT

19C. (1) The Minister may, from time to time, give directions with respect to the matters to be taken into account by the Technical Standing Committee in giving advice in relation to a matter or in making a recommendation for the purposes of section 7.

(2) The Minister may, from time to time, give directions with respect to the matters to be taken into account by a committee appointed under section 19B in giving advice in relation to a matter.

(3) A direction under sub-section (1) or (2) shall be in writing and shall be furnished to the Chairman of the committee to which the direction is given.

(4) The Minister shall forthwith cause to be published in the Gazette particulars of any direction given under sub-section (1) or (2) and of any revocation of any such direction.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 20
Staff

SECT

20. The staff necessary to assist the Board shall be persons appointed or employed under the Public Service Act 1922-1975.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 21
Advisory Committee

SECT

21. (1) There is established by this Act a committee by the name of the Australian Industrial Research and Development Incentives Advisory Committee.

Amended by No. 44, 1981, s. 16

SECT

(2) The Advisory Committee shall consist of a Chairman and not more than 8 other members who shall be appointed by the Minister and shall hold office during the pleasure of the Minister.

Substituted by No. 44, 1981, s. 16

SECT

(3) A member of the Advisory Committee shall hold office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.

Substituted by No. 44, 1981, s. 16

SECT

(4) A member of the Advisory Committee may resign his office by writing signed by him and delivered to the Minister.

Substituted by No. 44, 1981, s. 16

SECT

(5) Where the Minister considers it necessary to do so for the purpose of obtaining specialist advice in relation to a matter to be considered by the Advisory Committee, the Minister may appoint a person to assist the Advisory Committee in its consideration of that matter and, for that purpose, the person may be present at, and take part in, the deliberations of the Advisory Committee but does not have any power to vote.

Inserted by No. 44, 1981, s. 16

SECT

(5AA) The Minister may determine the terms and conditions (including remuneration and allowances) of appointment of persons appointed under sub-section (5).

Inserted by No. 44, 1981, s. 16

SECT

(5AB) The Minister shall not exercise his powers under section 39 in relation to a project unless and until-
(a) he has referred to the Advisory Committee for advice to be furnished to him within a time specified in the reference the question of the desirability of the Commonwealth undertaking the project; and
(b) has considered any advice received from the Advisory Committee on that reference.

Inserted by No. 211, 1978, s. 4

SECT

(5A) The Minister may refer to the Advisory Committee for advice any matter relating to the operation of this Act.

Inserted by No. 44, 1981, s. 16

SECT

(5B) The Board may, if it thinks fit, and shall, if required by the Minister, refer to the Advisory Committee for advice any matter relating to the operation of this Act.

Inserted by No. 44, 1981, s. 16

SECT

(5C) The Advisory Committee shall cause minutes of its meetings to be kept.

(6) A member of the Advisory Committee shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Tribunal is in operation, he shall be paid such remuneration as is prescribed.

(7) A member of the Advisory Committee shall be paid such allowances as are prescribed.

(8) Sub-sections (6) and (7) have effect subject to the Remuneration Tribunals Act 1973-1975.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 21A
Directions of Minister to Advisory Committee

Inserted by No. 44, 1981, s. 17

SECT

21A. (1) The Minister may, from time to time, give directions with respect to the matters to be taken into account by the Advisory Committee in giving advice in relation to a project or other matter.

(2) A direction under sub-section (1) shall be in writing and shall be furnished to the Chairman of the Advisory Committee.

(3) The Minister shall forthwith cause to be published in the Gazette particulars of any direction given under sub-section (1) and of any revocation of any such direction.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 21B
Board to assist Advisory Committee

Inserted by No. 44, 1981, s. 17

SECT

21B. The Board shall provide any information or reasonable assistance requested by the Chairman of the Advisory Committee for the purposes of the performance of the functions of that Committee.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 21C
Pecuniary interests of members of committees

Inserted by No. 44, 1981, s. 17

SECT

21C. (1) In this section, "prescribed committee" means the Advisory Committee, the Technical Standing Committee or a committee appointed under section 19B.

(2) A member of a prescribed committee who has a direct or indirect pecuniary interest in a matter being considered or about to be considered at a meeting of that committee shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest at a meeting of that committee.

(3) A disclosure under sub-section (2) shall be recorded in the minutes of the meeting at which the disclosure is made and the member of the committee shall not, unless the Minister or that committee otherwise determines-
(a) be present during any deliberation of that committee with respect to that matter; or
(b) take part in any decision of that committee with respect to that matter.

(4) For the purpose of the making of a determination by a committee under sub-section (3) in relation to a member of who has made a disclosure under sub-section (2), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not-
(a) be present during any deliberation of that committee for the purpose of making the determination; or
(b) take part in the making by that committee of the determination.

(5) If a member of a prescribed committee, without reasonable excuse, fails to comply with his obligations under this section, the Minister shall terminate his appointment as a member of that committee.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 22
Secrecy

Sub-section (1) substituted by No. 44, 1981, s. 18

SECT

22. (1) This section applies to every person who is or has been-
(a) a member or acting member of the Board;
(b) a member of the Advisory Committee;
(c) a member of the Technical Standing Committee;
(d) a member of a committee appointed under section 19B;
(e) a person appointed under sub-section 21 (5) to assist the Advisory Committee; or
(f) a member of the staff assisting the Board.

(2) Subject to this section, a person to whom this section applies shall not, either directly or indirectly, except for the purposes of this Act or of the previous Act-
(a) make a record of, or divulge or communicate to any person, any information concerning industrial research and development undertaken by or for a company or otherwise concerning the affairs of a company acquired by him by reason of his office under this Act or by reason of his being a member of the staff assisting the Board; or
(b) produce to any person an application or other document furnished by a company for the purpose of obtaining a grant, whether under this Act or under the previous Act.

Penalty: $2,000 or imprisonment for 6 months.

(3) Sub-section (2) does not apply to the disclosure of information, or the production of a document, to the Minister, or to the Secretary to the Department that deals with matters arising under this Act or an officer of that Department designated by the Secretary to that Department.

(4) Sub-section (2) does not prevent the Board from making public at any time-
(a) the names of companies to which the Board has authorized the payment of commencement grants and the respective amounts of those grants;
(b) the names of companies with which the Board has entered agreements under Division 2 of Part III and the respective amounts of the project grants provided for under those agreements; and
(c) the names of companies to which the Board has authorized the payment of grants under the previous Act and the respective amounts of those grants.

(5) A person to whom this section applies shall not be required to divulge or communicate to a court information of a kind referred to in paragraph (2) (a), or to produce in a court an application or other document of a kind referred to in paragraph (2) (b), except when it is necessary to do so for the purposes of this Act or the previous Act, or for the purposes of a prosecution under or arising out of this Act or the previous Act.

(6) Where, for the purposes of this Act, a person to whom this section applies divulges or communicates to another person information of a kind referred to in paragraph (2) (a), or produces to another person an application or other document of a kind referred to in paragraph (2) (b), that other person, if he is not a person to whom this section applies, shall be deemed, in relation to that information or document, to be such a person.

(7) In this section-
"court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions;
"produce" includes permit access to, and "production" has a corresponding meaning.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - PART III
PART III-GRANTS

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - DIVISION 1
Division 1-Commencement Grants

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 23
Commencement grants

SECT

23. (1) Grants of financial assistance to eligible companies in respect of expenditure on industrial research and development shall be made as authorized by the Board in accordance with sub-section (2).

Amended by No. 44, 1981, s. 19

SECT

(2) Where-
(a) an eligible company applies for a grant under this Division in respect of eligible expenditure of the company in respect of a grant year;
(b) the Board is satisfied that the company is carrying on, or will carry on in that grant year or within a reasonable period after the end of that grant year, the manufacture of goods, mining operations or construction operations in Australia; and
(c) the Board is satisfied as to all other matters relevant to the eligibility of the company for the grant,
the Board shall, subject to this Act and to any relevant directions of the Minister under section 19, authorize payment to the company of a grant of financial assistance of an amount equal to-
(d) in the case of the grant year commencing on 1 July 1976-whichever is the lesser of an amount equal to 25 per centum of the eligible expenditure of the company in respect of the grant year or $15,000;
(e) in the case of any of the next 4 succeeding grant years-whichever is the lesser of the following amounts:

(i) an amount equal to such percentage of the eligible expenditure of the company in respect of the grant year as is prescribed in relation to that grant year, being a percentage that does not exceed 50 per centum;
(ii) such amount as is prescribed in relation to that grant year, being an amount that does not exceed $25,000;
(f) in the case of the grant year commencing on 1 July 1981-whichever is the lesser of an amount equal to 50 per centum of the eligible expenditure of the company in respect of the grant year or $40,000; or
(g) in the case of any other grant year-whichever is the lesser of the following amounts:

(i) an amount equal to such percentage of the eligible expenditure of the company in respect of the grant year as is prescribed in relation to that grant year, being a percentage that does not exceed 50 per centum;
(ii) such amount as is prescribed in relation to that grant year, being an amount that does not exceed $40,000.

Inserted by No. 44, 1981, s. 19; amended by No. 44, 1981, s. 19

SECT

(2A) A grant is not payable under this section to a company in respect of eligible expenditure of the company in respect of the grant year that commenced on 1 July 1978, or any succeeding grant year, unless the eligible expenditure of the company in respect of that grant year consists of, or includes, one of the following amounts:

(a) an amount of eligible contract expenditure that exceeds-
(i) in the case of the grant year that commenced on 1 July 1978 or any of the next 2 succeeding grant years-$1,500; or
(ii) in the case of the grant year commencing on 1 July 1981 or any succeeding grant year-$2,000;
(b) any amount of eligible salary expenditure.

Substituted by No. 211, 1978, s. 5

SECT

(3) Regulations made for the purposes of sub-paragraph (2) (e) (i) or (ii) in relation to a grant year shall not be made after 31 March in the immediately preceding grant year.

Added by No. 44, 1981, s. 19

SECT

(4) The Board shall not authorize a grant of financial assistance under sub-section (1) in respect of expenditure on ineligible software research and development.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 24
Maximum aggregate of grants to a Company

SECT

24. (1) In this section, "previous grant", in relation to a company in respect of a grant year, means-
(a) a grant of financial assistance to which the company has become, or, in the opinion of the Board, will become, entitled under the previous Act; or
(b) a commencement grant to which the company has become, or, in the opinion of the Board, will become, entitled under this Act in respect of a grant year earlier than that first-mentioned grant year.

Amended by No. 44, 1981, s. 20

SECT

(2) Where-
(a) an eligible company applies for a commencement grant in respect of a grant year; and
(b) the aggregate of previous grants to the eligible company and companies that, by virtue of section 5, are deemed to be related to that company at any time during that grant year is not less than the prescribed amount in relation to that grant year,
the eligible company is not entitled to a commencement grant in respect of that grant year.

Amended by No. 44, 1981, s. 20

SECT

(3) Where-
(a) an eligible company applies for a commencement grant in respect of a grant year;
(b) the aggregate of previous grants to the company and companies that, by virtue of section 5, are deemed to be related to that company at any time during that grant year is less than the prescribed amount in relation to that grant year; and
(c) the sum of the aggregate of those previous grants and of any commencement grants to which the eligible company and those related companies would, but for this sub-section, be entitled in respect of that grant year is an amount that exceeds the prescribed amount in relation to that grant year,
then-
(d) if there are no companies that, by virtue of section 5, are deemed to be related to the eligible company at any time during that grant year-the commencement grant to which the eligible company would, but for this sub-section, be entitled in respect of that grant year shall be reduced by the amount of the excess; and
(e) if there are companies that, by virtue of section 5, are deemed to be related to the eligible company at any time during that grant year and which, but for this sub-section, would be entitled to commencement grants in respect of that grant year-the commencement grant to which the eligible company and each of those related companies would, but for this sub-section, be entitled in respect of that grant year shall be reduced by such respective amounts as the Board determines, being amounts the sum of which is equal to that excess.

Added by No. 44, 1981, s. 20

SECT

(4) In this section, "prescribed amount", in relation to a grant year, means-
(a) in the case of the grant year that commenced on 1 July 1980 or any preceding grant year-$125,000; or
(b) in the case of any other grant year-$200,000.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 25
Limitation of number of years in respect of which grants payable to a company

SECT

25. (1) In this section, "grant year" means a year that is a grant year for the purposes of the previous Act or a grant year for the purposes of this Act, as the case requires.

(2) Where-
(a) an eligible company applies for a commencement grant in respect of a grant year and, if that grant year is a year other than the year commencing on 1 July 1976, the company has not applied for a commencement grant in respect of a previous grant year; and
(b) the eligible company, or a company that, by virtue of section 5, is deemed to be related to the eligible company at any time during that first-mentioned grant year, has become or, in the opinion of the Board, will become, entitled to a grant of financial assistance under the previous Act in respect of each of 5 or more grant years,
the eligible company is not entitled to a commencement grant in respect of that first-mentioned grant year or any subsequent grant year.

(3) Where-
(a) an eligible company applies for a commencement grant in respect of a grant year and, if that grant year is a year other than the year commencing on 1 July 1976, the company has not applied for a commencement grant in respect of a previous grant year; and
(b) the eligible company, or a company that, by virtue of section 5, is deemed to be related to the eligible company at any time during that first-mentioned grant year, has become or, in the opinion of the Board, will become entitled to a grant of financial assistance under the previous Act in respect of 1 grant year, or in respect of each of 2, 3 or 4 grant years (in this sub-section referred to as the "previous grant year" or "previous grant years", as the case may be),
the eligible company is not entitled to a commencement grant in respect of any grant year subsequent to-
(c) where there is 1 previous grant year-the 3 grant years immediately following the first-mentioned grant year;
(d) where the number of previous grant years is 2-the 2 grant years immediately following the first-mentioned grant year;
(e) where the number of previous grant years is 3-the grant year immediately following the first-mentioned grant year; and
(f) where the number of previous grant years is 4-the first-mentioned grant year.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 26
Grants not payable to a company where aggregate research and development
expenditure in preceding 8 years exceeds $250,000

SECT

26. (1) In this section, "relevant expenditure", in relation to a company, means-
(a) expenditure that is salary expenditure, contract expenditure (other than expenditure of the kind referred to in paragraph (a) of the definition of "contract expenditure" in sub-section 5 (1) of the previous Act), net plant expenditure or net prescribed expenditure of the company for the purposes of the previous Act in respect of a year that is a grant year for the purposes of the previous Act; and
(b) expenditure that is eligible expenditure of the company for the purposes of this Act in respect of a year that is a grant year for the purposes of this Act.

(2) Where-
(a) an eligible company applies for a commencement grant in respect of a grant year and, if that grant year is a year other than the year commencing on 1 July 1976, the company has not applied for a commencement grant in respect of a previous grant year; and
(b) the aggregate of the relevant expenditure of the eligible company, and of companies that, by virtue of section 5, are deemed to be related, at any time during the first-mentioned grant year, to that company, in respect of all or any of the years included in the period of 8 years immediately preceding the commencement of the first-mentioned grant year exceeds $250,000,
the eligible company is not entitled to a commencement grant in respect of that first-mentioned grant year or any subsequent grant year.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 26A
Effect of reconstruction of companies

Inserted by No. 44, 1981, s. 21

SECT

26A. Where the Board is satisfied that a company that is applying for a commencement grant in respect of a grant year is carrying on business, the whole, or a substantial part, of which was previously carried on by another company that became or will become entitled to a commencement grant in a previous grant year, the Board may, for the purposes of the application, treat the applicant company and the other company as one company.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 27
Company to undertake to exploit results of research and development

SECT

27. A company is not eligible for a commencement grant in respect of a grant year unless the company has given an undertaking in writing to the Board that the company will exploit, on normal commercial terms, and otherwise in a manner that will be for the benefit of the Australian economy, the results of the industrial research and development in relation to which the eligible expenditure of the company in respect of that grant year was incurred.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 28
Adjustment of grant by reason of Commonwealth financial assistance

SECT

28. (1) Where an eligible company has received (otherwise than under this Division) financial assistance from the Commonwealth, or out of moneys provided by the Commonwealth, and it appears to the Board that that financial assistance has aided the company to perform industrial research and development in a grant year, the Board may reduce the amount of any commencement grant to the company in respect of that grant year to such extent as it thinks appropriate by reason of that financial assistance.

Added by No. 44, 1981, s. 22

SECT

(2) In making a reduction under sub-section (1), the Board shall not take into account any amount of financial assistance that it has taken into account in making a reduction under section 32B.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 29
Abuse of Act

SECT

29. Where the Board is of the opinion that-
(a) an act or thing (including the making of an agreement, arrangement or payment, the incorporation of a company or the allocation of expenditure as between different years) has been done with a view to the obtaining of, or to affecting the amount of, a commencement grant; and
(b) the act or thing is of such a nature that, having regard to the object of this Act, it constitutes an attempt to abuse this Act,
the Board may, for the purposes of this Division, disregard any expenditure in or in relation to the doing of that act or thing or make such adjustment to the amount of the eligible expenditure of the company as it thinks necessary to prevent the abuse.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - DIVISION 2
Division 2-Project Grants

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 29A
Commencement grants and advances not to exceed moneys available

Inserted by No. 44, 1981, s. 23

SECT

29A. The Board shall not authorize payment of a commencement grant or of an advance in respect of a commencement grant unless moneys appropriated by the Parliament are available for the payment of that grant or advance, as the case may be, together with all other commencement grants, and advances in respect of commencement grants, that have been authorized but not paid.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 30
Agreements with respect to projects

Substituted by No. 211, 1978, s. 6 Sub-section (1) amended by No. 44, 1981, s. 24

SECT

30. (1) Where-
(a) an eligible company is carrying out, or proposes to carry out, a project for industrial research and development (other than a project referred to in paragraph (b)); or
(b) a company (whether or not an eligible company) has made an arrangement for the carrying out of a project for industrial research and development by 2 or more companies (which include an eligible company or eligible companies, but need not include the first-mentioned company) and, under the arrangement, no company other than the first-mentioned company is to apply to the Board for a grant under this Division in respect of the project,
and the company applies to the Board for a grant under this Division in respect of the project, the Board may, subject to this Act, to any regulations referred to in paragraph 42 (aa) and to any relevant directions of the Minister under section 19, enter into an agreement, on behalf of the Commonwealth, with the company for and in relation to the making of a grant of financial assistance under this Division to the company in respect of expenditure in respect of the project incurred or to be incurred-
(c) in the case of an application by a company referred to in paragraph (a)-by the company; or
(d) in the case of an application by a company in accordance with an arrangement referred to in paragraph (b)-by such of the companies by which, under the arrangement, the project is being carried out or is proposed to be carried out as is an eligible company or are eligible companies.

Amended by No. 44, 1981, s. 24

SECT

(2) Sub-section (1) does not apply in relation to a project that is to be commenced after 1 July 1986.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 31
Total amount allocated for expenditure under this Division in respect of a
year

SECT

31. (1) The Minister shall, as soon as practicable after 1 July 1976, by notice in writing to the Chairman, specify the amount of moneys allocated for grants under this Division in respect of the grant year commencing on that date.

(2) The Minister may, during the grant year commencing on 1 July 1976 or during any subsequent grant year, by notice in writing to the Chairman, specify an amount of moneys as an additional amount allocated for grants under this Division in respect of the year in which the notice is given.

(3) For the purposes of sub-section (4)-
(a) the total amount allocated for grants under this Division in respect of the year commencing on 1 July 1976 is the amount specified by the Minister in the notice under sub-section (1) together with any amount specified by the Minister in a notice under sub-section (2) as an additional amount allocated for grants under this Division in respect of that year; and
(b) the total amount allocated for grants under this Division in respect of a year (in this paragraph referred to as the "relevant year"), whether a grant year or not, subsequent to the year commencing on 1 July 1976 is an amount equal to 80 per centum of the amount that, for the purposes of sub-section (4), is the total amount allocated for grants under this Division in respect of the year immediately preceding the relevant year together with, if the relevant year is a grant year, any amount specified by the Minister in a notice under sub-section (2) as an additional amount allocated for grants under this Division in respect of the relevant year.

(4) In entering into agreements under section 30, the Board shall ensure that-
(a) no project grant is payable before 1 July 1977;
(b) project grants payable during the year commencing on 1 July 1977 do not exceed, in the aggregate, the sum of the total amount allocated for grants under this Division in respect of the year commencing on 1 July 1976 and the total amount allocated for grants under this Division in respect of the year commencing on 1 July 1977; and
(c) project grants payable during any subsequent year do not exceed, in the aggregate, the total amount allocated for grants under this Division in respect of that subsequent year.

Added by No. 211, 1978, s. 7

SECT

(5) In this section, a reference to the Chairman shall, if there is an acting Chairman, be read as a reference to the acting Chairman.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 32
Restrictions applicable to project grant agreements

SECT

32. (1) There shall be specified in a project grant agreement-
(a) the year or years in which any project grant is, or project grants are, to be payable under the agreement; and
(b) the amount of the project grant, or the aggregate of the amounts of the project grants, payable under the agreement in that year or in each of those years.

(2) Where a project grant agreement provides for the payment of project grants in each of 2 or more years, the number of those years shall not exceed 5 or such greater number as the Minister approves in relation to that agreement.

Amended by No. 44, 1981, s. 25

SECT

(3) A project grant agreement shall not provide for the payment of a project grant in respect of expenditure in a year subsequent to the year commencing on 1 July 1988.

Substituted by No. 211, 1978, s. 8

SECT

(4) The provisions of a project grant agreement shall be such that, unless the Minister otherwise approves in relation to the agreement, the amount of the project grant, or of the aggregate of the project grants, payable under the agreement shall not exceed an amount equal to 50 per cent of the total amount that, in the opinion of the Board, is or will be the expenditure by the company or companies, after the date of the making of the application in pursuance of which the agreement is entered into, in respect of the project to which the agreement relates.

Sub-section (5) omitted by No. 211, 1978, s. 8
* * * * * * * *
Substituted by No. 211, 1978, s. 8; amended by No. 44, 1981, s. 25

SECT

(6) In entering into a project grant agreement, the Board shall ensure that the sum of so much of the amounts of project grants payable in a year as is attributable to expenditure of a company, or of 2 or more companies that are, by virtue of section 5, deemed to be related to each other at any time during that year, does not exceed $750,000 or such greater amount as the Minister approves in relation to that company, or those companies, in respect of that year.

(7) Without prejudice to the duty of the Board to comply with the provisions of this Act and to observe the limits of its powers under this Act, a project grant agreement is not invalidated by reason of a provision of this Act not having been complied with by the Board in relation to the agreement or by reason of its not being within those limits.

(8) In this section, "project grant agreement" means an agreement entered into by the Board with a company under section 30.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 32A
Company to undertake to exploit results of projects

Inserted by No. 44, 1981, s. 26

SECT

32A. The Board shall not enter into an agreement under sub-section 30 (1) with a company in relation to the making of a grant of financial assistance in respect of expenditure in respect of a project for industrial research and development unless the company has given an undertaking in writing to the Board that the company will exploit, on normal commercial terms, and otherwise in a manner that will be for the benefit of the Australian economy, the results of that industrial research and development.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 32B
Adjustment of project grant by reason of Commonwealth financial assistance

Inserted by No. 44, 1981, s. 26

SECT

32B. (1) Where a company has received (otherwise than under this Act) financial assistance from the Commonwealth, or out of moneys provided by the Commonwealth, and it appears to the Board that that financial assistance has aided the company to carry out a project for industrial research and development, the Board may reduce the amount of any project grant to the company in respect of that project to such extent as it thinks appropriate by reason of that financial assistance.

(2) In making a reduction under sub-section (1), the Board shall not take into account any amount of financial assistance that it has taken into account in making a reduction under section 28.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 33
Repayment of grant on breach of agreement

SECT

33. Nothing in this Division shall be taken as preventing the inclusion in an agreement with a company under section 30 of provision for the repayment by the company to the Commonwealth, on breach by the company of the agreement or in any other circumstances specified in the agreement, of the whole or a part of a grant made to the company under the agreement.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - DIVISION 3
Division 3-Miscellaneous

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 34
Applications

SECT

34. (1) The Board shall not authorize a grant to a company under Division 1, or enter into an agreement with a company under Division 2, unless the company desiring to obtain a grant has made application in writing to the Board.

(2) Subject to the regulations, an application shall be in accordance with a form approved by the Board.

(3) An application shall be deemed not to have been made until it has been received by the Board or has been received on behalf of the Board by a member of the staff assisting the Board or by a person appointed by the Board to receive applications.

(4) The Board may refuse to consider an application unless the applicant furnishes such further information, or makes available to the Board such books or records, as the Board specifies, being information, books or records that the Board requires for the performance of its functions under this Act, including the preparation of a report of the Board under section 40.

Added by No. 44, 1981, s. 27

SECT

(5) Subject to any direction of the Minister under section 19, the order in which the Board deals with applications for commencement grants, or advances in respect of commencement grants, is in the discretion of the Board.

Added by No. 44, 1981, s. 27

SECT

(6) Sub-section 19 (3) does not apply in relation to a direction of the Minister referred to in sub-section (5) of this section.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 35
Advances in respect of grants

Sub-section (1) substituted by No. 44, 1981, s. 28

SECT

35. (1) Subject to sub-section (1B), the Board may, in its discretion, authorize the payment to a company of an advance in respect of a commencement grant that may become payable to the company.

Inserted by No. 44, 1981, s. 28

SECT

(1A) Subject to sub-section (1B) and to any direction of the Minister under section 19, the Board may authorize the payment to a company of an advance in respect of a project grant that may become payable to the company.

Inserted by No. 44, 1981, s. 28

SECT

(1B) The Board shall not, under sub-section (1) or (1A), authorize the payment to a company of an advance in respect of a grant unless the company gives adequate security for the repayment to the Commonwealth by the company of any amount repayable under sub-section (2) in relation to the advance.

Amended by No. 36, 1978, s. 3; No. 44, 1981, s. 28

SECT

(2) Where an advance has been made to a company in pursuance of sub-section (1) or sub-section (1A) in respect of a grant, the company is liable, if the grant does not become payable or the amount of the grant is less than the advance, to repay to the Commonwealth, upon demand being made by the Minister for Finance, the amount of the advance or so much of the advance as exceeds the amount of the grant, as the case may be.

Amended by No. 44, 1981, s. 28

SECT

(3) Without limiting the rights of the Commonwealth under a security given in pursuance of sub-section (1B), an amount repayable under sub-section (2) is recoverable by the Commonwealth from the company in a court of competent jurisdiction as a debt due to the Commonwealth.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - PART IV
PART IV-MISCELLANEOUS

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 36
Moneys to be appropriated

SECT

36. Payments of grants, and of advances in respect of grants, shall be made out of moneys appropriated by the Parliament for the purposes of this Act.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 37
Offences

SECT

37. (1) A person shall not, in or in connexion with an application for a grant, knowingly make to the Board, or to a person having duties or functions under this Act, a statement, whether oral or in writing, or present to the Board or to such a person a book, record or document, that is false or misleading.

Penalty: $2,000 or imprisonment for 6 months.

(2) For the purposes of the application of sub-section (1) in relation to a company, but without prejudice to the liability of any person other than the company-
(a) a statement made, or a book or document presented, by a person acting on behalf of the company shall be deemed to be made or presented by the company; and
(b) the knowledge of any person employed by, or concerned in the management of, the company shall be deemed to be knowledge of the company.

(3) An offence against this section shall not be prosecuted without the written consent of the Minister or a person authorized in writing by the Minister to consent to prosecutions for such offences.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 38
Recovery of overpayments to a person

SECT

38. (1) Where an amount of grant to a company has been paid in consequence of the making of a statement, or the presentation of a book, record or document, by or on behalf of the company that was, whether or not to the knowledge of the company or the person making the statement or presenting the book, record or document, false or misleading, an amount equal to the amount so paid is recoverable by the Commonwealth from the company in a court of competent jurisdiction as a debt due to the Commonwealth.

(2) For the purposes of sub-section (1), a certificate under the hand of the Chairman or acting Chairman that an amount of grant has been paid in consequence of the making of a statement, or the presentation of a book, record or document, is prima facie evidence of the matters stated in the certificate.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 39
Arrangements by Board for carrying out industrial research on behalf of
Commonwealth

SECT

39. (1) Where the Minister is satisfied that it is in the public interest that the Commonwealth should undertake a project of industrial research in a field of science or technology, he may authorize the Board to make arrangements, on behalf of the Commonwealth, for the carrying out of that project.

(2) Any arrangements made by the Board by virtue of sub-section (1) shall be made in accordance with the directions of the Minister.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 40
Annual Report

SECT

40. (1) The Board shall, as soon as practicable after each 30 June, furnish to the Minister a report on the operation of this Act, with particular reference to its operation during the year that ended on that date.

Amended by No. 44, 1981, s. 29

SECT

(2) Reports under this section-
(a) may include information or comments concerning the effect of this Act;
(b) shall include statements of-
(i) the names of companies to which the Board has authorized the payment of commencement grants during the relevant year and the respective amounts of those commencement grants; and
(ii) the names of the companies with which the Board has entered into agreements under Division 2 of Part III during the relevant year and the respective amounts of the project grants provided for under those agreements;
(c) shall include such information concerning the classes of manufacturing or mining in relation to which the Board has authorized the payment of commencement grants during the relevant year, and in relation to which the Board has entered into agreements under Division 2 of Part III during the relevant year, as the Board is satisfied can be included in those reports without disclosing matters relating to the operations or affairs of particular companies the disclosure of which would be likely to prejudice the business interests of those companies;
(d) shall include-
(i) statements of the names of persons with which the Board has made arrangements under section 39 during the relevant year for the carrying out of projects;
(ii) statements of the respective amounts of the payments to those persons provided for under those arrangements; and
(iii) particulars of the progress of those projects; and
(e) shall include particulars of any directions given by the Minister under section 19, 19C or 21A during the relevant year.

(3) The Minister shall cause a copy of each report under this section to be laid before each House of the Parliament within 15 sitting days of that House after receipt of the report by the Minister.

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 41
Review of certain decisions of Board

SECT

41. (1) In this section-
"decision" has the same meaning as in the Administrative Appeals Tribunal Act 1975;
"decision of the Board" means a decision of the Board under this Act in connexion with an application for a commencement grant.

(2) A company which is affected by a decision of the Board and which is dissatisfied with the decision may, by notice in writing given to the Board within a period of 30 days after the date on which the decision first comes to the notice of the company, or within such further period as the Board allows, request the Board to reconsider the decision.

(3) There shall be set out in the request the ground on which the request is made.

(4) Upon receipt of the request, the Board shall reconsider the decision and may either confirm the decision or vary the decision in such manner as it thinks fit.

(5) The Board shall, by notice in writing to the company which made the request, inform the company of the result of its reconsideration of the decision.

(6) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Board that have been confirmed or varied under sub-section (4).

INDUSTRIAL RESEARCH AND DEVELOPMENT INCENTIVES ACT 1976 - SECT 42
Regulations

Amended by No. 44, 1981, s. 30

SECT

42. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular-
(aa) prescribing matters that are to be taken into account by the Board when determining whether it should enter into an agreement with a company under sub-section 30 (1);
(ab) prescribing matters relating to the calling of meetings, or to the conduct of meetings, of the Advisory Committee, the Technical Standing Committee or a committee appointed under section 19B;
(a) prescribing matters relating to the making of applications for grants; and
(b) requiring an application for a grant, or a document, book or record furnished for the purposes of this Act, to be verified by statutory declaration.

Part V (sections 43-54) repealed by No. 44, 1981, s. 31
* * * * * * * *