DEVELOPMENT ALLOWANCE AUTHORITY ACT 1980 (ARCHIVE)

CHAPTER 2 - DEVELOPMENT ALLOWANCE  

PART 3 - REGISTRATION OF PLANT EXPENDITURE  

SECTION 31 (ARCHIVE)  

31   CRITERIA FOR GRANTING APPLICATION  
The DAA must grant an application for registration of plant expenditure incurred, or proposed to be incurred, by the applicant in carrying out a project in Australia if the DAA is satisfied that:

(a) in the case of plant expenditure which the applicant claims to have incurred in carrying out the project - the plant expenditure has been incurred by the applicant in carrying out the project; and

(b) in the case of plant expenditure which the applicant claims to propose to incur in carrying out the project - the proposal is genuine; and

(c) the project is a post-26 February 1992 project; and

(d) no part of the plant expenditure fails the basic eligibility test; and

(e) either:

(i) a substantial commitment to the completion of the project has occurred before 1 January 1993; or

(ii) it is reasonably likely that a substantial commitment to the completion of the project will occur before 1 July 1996; and

(f) either:

(i) the plant expenditure has passed the $50 million threshold test; or

(ii) it is reasonably likely that the plant expenditure will pass the $50 million threshold test; and

(g) either:

(i) the applicant has completed the carrying out of the project; or

(ii) having regard to:

(A) the financial capacity of the applicant; and

(B) such other matters as the DAA considers relevant;

it is reasonably likely that the applicant will complete the carrying out of the project; and

(h) if the project is part of a joint venture project - either:

(i) the parties to the joint venture have completed the carrying out of the joint venture project; or

(ii) having regard to:

(A) the financial capacity of the parties to the joint venture; and

(B) such other matters as the DAA considers relevant;

it is reasonably likely that the parties to the joint venture will complete the carrying out of the joint venture project; and

(ha) if the project is part of a joint venture project scheme - either:

(i) the parties to the joint venture have completed the carrying out of each other joint venture project or joint venture projects to which the scheme relates; or

(ii) having regard to:

(A) the financial capacity of the parties to the joint venture; and

(B) such other matters as the DAA considers relevant;

it is reasonably likely that the parties to the joint venture will complete the carrying out of the other joint venture project or joint venture projects to which the scheme relates; and

(i) if the project is part of a company group project scheme - either:

(i) the other member or members of the company group have completed the carrying out of the other project or projects to which the scheme relates; or

(ii) having regard to:

(A) the financial capacity of the other member or members of the company group; and

(B) such other matters as the DAA considers relevant;

it is reasonably likely that the other member or members of the company group will complete the carrying out of the other project or projects to which the scheme relates; and

(ia) if the project is part of an individual project scheme - either:

(i) the applicant has completed the carrying out of the other project or projects to which the scheme relates; or

(ii) having regard to:

(A) the financial capacity of the applicant; and

(B) such other matters as the DAA considers relevant;

it is reasonably likely that the applicant will complete the carrying out of the other project or projects to which the scheme relates; and

(j) the plant expenditure has passed the prospective deduction test.