DEVELOPMENT ALLOWANCE AUTHORITY ACT 1980 (ARCHIVE)

CHAPTER 2 - DEVELOPMENT ALLOWANCE  

PART 2 - KEY CONCEPTS RELATING TO PROJECTS  

Division 2 - Joint venture projects, joint venture project schemes, company group project schemes and individual project schemes  

SECTION 13A (ARCHIVE)   JOINT VENTURE PROJECT SCHEMES  

13A(1)   Election to treat aggregate of joint venture projects as joint venture project scheme.  

For the purposes of this Chapter, the parties to a joint venture may elect that the aggregate of 2 or more specified joint venture projects carried out by the parties to the joint venture is to be treated as a joint venture project scheme.

Example:

13A(2)   Productive facilities must pass the vertical integration test.  

The election has no effect unless, assuming that the productive facilities included in the scheme were operated by the same entity, the productive facilities would be taken to pass the vertical integration test.

13A(3)   Form of election.  

The election:

(a) is to be given to the DAA; and

(b) must be in writing in the approved form.

13A(4)   Election is irrevocable.  

The election is irrevocable, but this subsection does not prevent the DAA from granting an application under Part 5 for a variation of a scheme.