Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-45 - RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS  

Division 419 - Critical minerals (tax offset for Australian production expenditure)  

Subdivision 419-C - Registering activities and facilities for the CMPTI tax offset  

SECTION 419-60   Varying a registration  

Variations on application

419-60(1)    
The * Industry Secretary must decide whether to vary the registration of a * registered CMPTI processing activity of a company if:

(a)    the company applies to the Industry Secretary for a variation of the registration; and

(b)    the application is in a form approved under subsection 419-150(1) ; and

(c)    the company has paid the application fee (if any) prescribed by the regulations.

Variations on the Industry Secretary ' s own initiative

419-60(2)    
The * Industry Secretary may, on the Industry Secretary ' s own initiative, vary the registration of a * registered CMPTI processing activity of a company.

Matters relevant to such a decision

419-60(3)    
In deciding under subsection (1) or (2) whether to vary the registration of an activity, the * Industry Secretary:

(a)    in the case of an application under subsection (1) - must consider if there is any reason to believe that the information provided by the company is not true, correct and complete; and

(b)    in every case:

(i) must have regard to any proposed changes relating to the activity; and

(ii) must have regard to the matters prescribed by the regulations; and

(iii) may have regard to any other matter that the Industry Secretary considers relevant.

Notice of such a decision

419-60(4)    
The * Industry Secretary must give written notice of a decision under subsection (1) or (2) to:

(a)    the company to whom the certificate of registration was issued; and

(b)    the Commissioner.

419-60(5)    
If the decision is to vary the registration, the notice must include the varied certificate of registration.