This legislation has been repealed.
TABLE OF PROVISIONS Long Title PART 1--PRELIMINARY 1. Short title [see Note 1] 2. Commencement [see Note 1] 3. Purpose of the Act 4. Overview of the Act 5. Offences 6. Definitions 6A. Approved plant and equipment and approved research and development 6B. Plant and equipment sold by participant 6C. When investment undertaken by a person may be treated as investment undertaken by another person who is a participant 7. Meaning of production of goods and provision of services in Australia 8. Approved forms 9. Arm's length transactions 10. Determination of entitlement to credit between participants 11. Other Commonwealth assistance PART 2--ESTABLISHMENT OF, AND PARTICIPATION IN, ACIS Division 1--Overview 12. Overview of Part Division 2--Establishment of ACIS 13. Establishment of Automotive Competitiveness and Investment Scheme Division 3--Registration under ACIS Subdivision A--Rules about registration 14. Rules about the number of registrations a person may have under ACIS 14A. Rule about registrations under ACIS needing to further the purpose of the Act 14B. Minister may make guidelines relating to registration for the purpose of the Act 15. Rule about the effect of further applications for registration on existing registrations Subdivision B--Applications for registration 16. Application for MVP registration 17. Application for ACP registration 18. Application for AMTP registration 19. Application for ASP registration 20. Ministerial permission to apply for registration in the national interest Division 4--Participation in ACIS by groups of companies 21. Certain groups of companies may seek permission to apply for registration as a single entity 22. Legal status of a group permitted to make application for registration Division 5--Formal requirements for, and consideration of, applications for registration 23. The content of the application for registration 24. Lodgment of applications 25. When to apply 26. Consideration of registration applications 27. Secretary may seek further information 28. Date from which registration takes effect 29. Fit and proper person Division 6--Ongoing requirements of registration 30. Ongoing requirement of MVP registration 31. Ongoing requirement of ACP registration 32. Ongoing requirement of AMTP registration 33. Ongoing requirement of ASP registration 34. When do ongoing registration requirements for particular participants need to be met? PART 3--THE MAKING OF RETURNS BY PARTICIPANTS 35. Participants to make quarterly returns 36. Contents of MVPs' returns 37. Contents of ACPs' returns 38. Contents of AMTPs' returns 39. Contents of ASPs' returns 40. Rules concerning returns PART 4--WORKING OUT UNMODULATED CREDIT Division 1--Overview 41. Overview of Part Division 2--Working out unmodulated production credit and unmodulated investment credit for MVPs 42. Secretary to work out unmodulated production credit for each MVP 43. Secretary to work out unmodulated type A credit for each MVP 44. Secretary to work out unmodulated type B credit for each MVP 45. Secretary to work out unmodulated type C credit for each MVP Division 3--Working out unmodulated investment credit for ACPs 46. Secretary to work out unmodulated type D credit for each ACP 47. Secretary to work out unmodulated type E credit for each ACP Division 4--Working out unmodulated investment credit for AMTPs 48. Secretary to work out unmodulated type F credit for each AMTP 49. Secretary to work out unmodulated type G credit for each AMTP Division 5--Working out unmodulated investment credit for ASPs 50. Secretary to work out unmodulated type H credit for each ASP 51. Secretary to work out unmodulated type I credit for each ASP PART 5--MODULATION OF UNMODULATED CREDIT Division 1--Overview 52. Overview of Part Division 2--Caps on scheme and participants 53. Stage caps on ACIS 53A. Ledger treatment of amounts recovered under the ACIS (Unearned Credit Liability) Act 1999 54. 5% of sales limit on participants Division 3--Guidelines for modulation 55. Minister must make modulation guidelines Division 4--MVP credit 56. Secretary to modulate capped production credit for each MVP 57. Secretary to modulate investment credit for each MVP 58. Secretary must modulate in accordance with Ministerial guidelines Division 5--ACP, AMTP and ASP credit 59. Secretary to modulate investment credit for each ACP, AMTP and ASP 60. Secretary must modulate in accordance with Ministerial guidelines PART 5A--RESEARCH AND DEVELOPMENT SCHEME 60A. Research and development scheme 60B. Variation of R&D scheme PART 6--THE ACIS LEDGER AND ITS MAINTENANCE Division 1--Overview 61. Overview of Part Division 2--Establishment and maintenance of the ledger 62. Establishment and maintenance of ACIS ledger 63. Information to be kept in ledger 64. Entry of credit in the ledger 65. Effect of entering credit in the ACIS ledger 66. Circumstances in which the Secretary must amend the ledger 67. Ledger to show balance of credit 68. Person may apply to Secretary to fix an error in ledger 69. Electronic access to ledger 70. Secretary to notify owner of credit quarterly of changes to ledger Division 3--Period in which entries in ledger to be made 71. Time in which entries to be made Division 4--No liability for ledger entries 73. Secretary not liable in certain circumstances PART 7--DEALING IN AND USE OF DUTY CREDIT Division 1--Overview 74. Overview of Part Division 1A--Use and expiry of duty credits 74A. Use and expiry of duty credits 74B. How application of previously paid duty credits to be made Division 2--Transfer of credit 75. Duty credit transferable Division 3--Minister may limit use of credit in certain circumstances 76. Minister may limit use of modulated ACP, AMTP or ASP investment credit 77. Minister may limit use of certain production credit PART 8--AUDIT Division 1--Overview 78. Overview of Part Division 2--Appointment of authorised officers and identity cards 79. Appointment of authorised officers 80. Identity cards Division 3--Powers of authorised officer Subdivision A--Monitoring powers 81. Authorised officer may enter premises by consent or under monitoring warrant to check information provided under ACIS or to check compliance with the Act 82. Monitoring powers of authorised officers Subdivision B--Power of authorised officer to ask questions and seek production in certain circumstances 83. Authorised officer may request persons to answer questions Division 4--Obligations and incidental powers of authorised officers 84. Authorised officer must produce identity card on request 85. Consent 86. Announcement before entry 87. Details of monitoring warrant to be given to occupier etc. before entry 88. Use of electronic equipment in exercising monitoring powers 89. Compensation for damage to electronic equipment Division 5--Occupier's rights and responsibilities 90. Occupier entitled to be present during execution of monitoring warrant 91. Occupier to provide authorised officer with all facilities and assistance Division 6--Warrants 92. Monitoring warrants PART 9--UNEARNED DUTY CREDIT Division 1--Overview 93. Overview of Part Division 2--Unearned credit liability 94. Person not entitled to certain duty credit 95. Unearned credit liability 96. Amount of unearned credit liability Division 3--Offsetting of duty credit against unearned credit liability 97. Duty credit to be offset against liability 98. Offsetting of duty credit of the same kind 99. Offsetting of other kinds of duty credit 100. Order in which credit to be offset 101. Amount of unearned credit liability outstanding 102. Secretary to issue notice Division 4--Time for payment of unearned credit liability 103. Time for payment of unearned credit liability 104. Late payment penalty 105. Extension of time for payment of unearned credit liability 106. Recovery of unearned credit liability and late payment penalty Division 5--Regulations concerning unearned duty credit 107. Regulations may deal with other matters PART 10--OBLIGATIONS RELATING TO DOCUMENTS 108. Document retention obligations 109. Update of business plan PART 11--DEREGISTRATION 110. Deregistration PART 12--ADMINISTRATIVE REVIEW OF CERTAIN DECISIONS 111. Review of decisions affecting duty credit 112. Limitations on implementation of court decisions concerning duty credit decisions 113. Limitations on implementation of AAT decisions concerning duty credit decisions 114. Review of other decisions PART 13--ADMINISTRATION OF ACT 115. Secretary may delegate powers 115A. Minister may publish information relating to participants 116. Regulations SCHEDULE 1 Consequential amendments