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VENTURE CAPITAL ACT 2002 - SECT 13.15

An ESVCLP's approved investment plan

  (1)   A notice under subsection   13 - 1(3) to the effect that * Industry Innovation and Science Australia has decided to register a partnership as an * ESVCLP must specify a document that sets out the investment plan in relation to which Industry Innovation and Science Australia is satisfied as mentioned in paragraph   13 - 1(1A)(c).

  (2)   An * ESVCLP's approved investment plan is:

  (a)   the investment plan set out in the document that the notice under subsection   13 - 1(3) specifies; or

  (b)   if that plan has been replaced under this section, that plan as so replaced.

  (3)   A * general partner of an * ESVCLP may, by writing, request Industry Innovation and Science Australia to approve a new plan as a replacement for the ESVCLP's * approved investment plan.

  (4)   The request must state why the * ESVCLP wants the replacement plan.

  (5)   If * Industry Innovation and Science Australia is satisfied that the replacement plan is appropriate, it must grant the request and approve the replacement plan.

Note:   Section   13 - 20 deals with deciding whether a replacement plan is appropriate.

  (6)   If * Industry Innovation and Science Australia approves the replacement plan, the ESVCLP's * approved investment plan is replaced accordingly on the giving of the approval.

  (7)   If * Industry Innovation and Science Australia is not satisfied as mentioned in subsection   ( 5), Industry Innovation and Science Australia must refuse the request.

  (8)   * Industry Innovation and Science Australia must give the * general partner who made the request written notice of its decision on the request as soon as practicable after the decision is made.

  (9)   If * Industry Innovation and Science Australia's decision is to refuse the request, the notice must also include a statement of its reasons for its decision.

  (10)   A failure to comply with subsection   ( 8) or (9) does not affect the validity of the decision.


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