Federal Register of Legislation - Australian Government

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Guides & Guidelines as made
These Guidelines specify matters that may be considered by the Secretary when making a decision to register or deregister a participant in the Automotive Competitiveness and Investment Scheme.
Administered by: Industry
Registered 13 Jan 2006
Tabling HistoryDate
Tabled HR22-May-2001
Tabled Senate22-May-2001
Gazetted 04 May 2001
Date of repeal 19 Mar 2014
Repealed by Spent and Redundant Instruments Repeal Regulation 2014

I, NICHOLAS HUGH MINCHIN, Minister for Industry, Science and Resources, make these Guidelines under subsection 14B (1) of the ACIS Administration Act 1999.

Dated 23 April 2001

NICK MINCHIN


  

  

1              Name of Guidelines

                These Guidelines are the ACIS Administration (Registration for the Purpose of the Act) Guidelines 2001.

2              Commencement

                These Guidelines commence on gazettal.

3              Definition

Act means the ACIS Administration Act 1999.

4              Guidelines to be taken into account by Secretary in making decision under paragraph 26 (2) (g) or 110 (5) (c) of the Act

                For subsection 14B (1) of the Act, these Guidelines are to be taken into account by the Secretary when making a decision:

                (a)    under paragraph 26 (2) (g) of the Act to register an applicant; and

               (b)    under paragraph 110 (5) (c) of the Act to deregister a participant.

5              Whether registering an applicant would further purpose of Act

         (1)   For paragraph 26 (2) (g) but without limiting any other considerations that the Secretary may take into account, registering an applicant would further the purpose of the Act if providing assistance to the applicant under ACIS:

                (a)    would contribute to an increase in competitive investment or innovation in the Australian automotive industry; or

               (b)    would contribute to the sustainable growth of the Australian automotive industry.

         (2)   It is more likely than not, in the circumstances mentioned in subsection 7 (1), that providing assistance to the applicant would not contribute to an increase in competitive investment or innovation in the Australian automotive industry.

         (3)   It is more likely than not, in the circumstances mentioned in either paragraph 7 (2) (a) or (b), that providing assistance to the applicant would not contribute to the sustainable growth of the Australian automotive industry.

6              Whether a participant’s registration furthers purpose of Act

         (1)   For paragraph 110 (5) (c) but without limiting any other considerations that the Secretary may take into account, a participant’s registration does not further the purpose of the Act, if providing assistance to the participant under ACIS:

                (a)    would not contribute to an increase in competitive investment or innovation in the Australian automotive industry; or

               (b)    would not contribute to the sustainable growth of the Australian automotive industry.

         (2)   It is more likely than not, in the circumstances mentioned in subsection 7 (1), that providing assistance to the participant would not contribute to an increase in competitive investment or innovation in the Australian automotive industry.

         (3)   It is more likely than not, in the circumstances mentioned in either paragraph 7 (2) (a) or (b), that providing assistance to the participant would not contribute to the sustainable growth of the Australian automotive industry.

7              Circumstances indicating no furtherance of purpose of Act

         (1)   For subsections 5 (2) and 6 (2), the circumstances are that 1 or more relevant companies, that are applying for registration individually or are individual participants, are related companies that, before 1 January 1999, were part of a single entity, and there are indications that those companies will reform as a single entity after ACIS finishes.

         (2)   For subsections 5 (3) and 6 (3), the circumstances are as follows:

                (a)    the relevant company did not exist, or existed but did not start carrying on business in the automotive industry, before 1 January 1999, and it appears unlikely that the company will continue to exist or to carry on the business after ACIS finishes;

               (b)    the relevant company was registered only to take over, or started carrying on business in the automotive industry by taking over, an existing operation of another person, and neither the company nor its major shareholders are otherwise directly involved in the automotive industry.

         (3)   In this section:

relevant company means the applicant referred to in paragraph 26 (2) (g) of the Act, or the participant referred to in paragraph 110 (5) (c) of the Act, if that applicant or participant is a company.