INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986
The Board must, on application by an R&D entity, decide whether to register or refuse to register the entity for either or both of the following for an income year:
(a) one or more specified activities as core R&D activities conducted during the income year;
(b) one or more specified activities as supporting R&D activities conducted during the income year;
A decision under this subsection is reviewable (see Division 5).
For requirements of applications, see section 27D.27A(2)
If the Board decides under subsection (1) to register the R&D entity, the Board must do so consistently with:
(a) any findings already in force under subsection 27B(1) in relation to the application; and
(b) any findings already in force under subsection 28A(1) (advance findings about the nature of activities) in relation to the R&D entity. 27A(3)
For each activity registered under subsection (1) as a supporting R&D activity for an R&D entity for an income year, the registration is to also specify:
(a) one or more activities as the corresponding core R&D activities; and
(b) if any of those activities specified as a core R&D activity is not registered under paragraph (1)(a) for the R&D entity for the income year - each income year for which that core R&D activity:
(i) was registered under paragraph (1)(a) for the R&D entity; or
(ii) is proposed to be registered under paragraph (1)(a) for the R&D entity.
[ CCH Note: No 93 of 2011, s 3 and Sch 4 Pt 4 items 16 to 18 contain the following savings and transitional provisions:
Part 4 - Other savings and transitional provisions16 R&D activities registered under the old law
A reference in each of the following provisions of the Industry Research and Development Act 1986 (as amended by this Act) to a registration under section 27A of that Act includes a reference to a registration under former section 39J of that Act:
(a) subparagraph 27A(3)(b)(i);
(b) subparagraph 27B(1)(c)(ii);
(c) subparagraph 27J(1)(c)(ii);
(d) paragraph 28A(1)(b);
(e) paragraph 28D(2)(b).
For each of these provisions, the R&D activity registered under former section 39J will need to be a core R&D activity within the meaning of the amendments made by this Act.17 Australian research agencies registered under the old law
This item applies to an entity registered, immediately before the commencement of this item, under section 39F of the Industry Research and Development Act 1986 as an Australian research agency in respect of one or more classes (the research classes ) of Australian research and development activities.
The entity is taken, immediately after the commencement of this item, to be registered under section 29A of that Act as a research service provider qualified to provide services in research fields corresponding to those research classes. 18 Regulations
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
The Governor-General may make regulations dealing with matters of a transitional, savings or application nature relating to the repeals and amendments made by this Act.