House of Representatives

Explanatory Memorandum

Circulated By the Authority of Senator the Hon Kim Carr, Minister for Innovation, Industry, Science and Research

OUTLINE

The ACIS Administration Amendment (Application) Bill 2009 amends the ACIS Administration Amendment Act 2009 (the Act) to correct an unintended consequence arising from the Act's link to the commencement of the Automotive Transformation Scheme Act 2009.

The ACIS Administration Amendment Act 2009 (ACIS Act) provides additional uncapped assistance for motor vehicle producers in 2010 and equalises the levels of assistance for vehicles sold domestically and those sold for export.

This Bill clarifies that the commencement date for the ACIS Act is 1 January 2010.

The amendments to the ACIS Act include an application provision to make it explicit that additional assistance to be provided to the motor vehicle producers is limited to their production of motor vehicles, engines and engine components from 1 January 2010. It removes any uncertainty that the new provisions could be applied to production of motor vehicles, engines and engine components undertaken in the final three months of 2009 for which duty credits will be issued in the first three months of 2010.

FINANCIAL IMPACT STATEMENT

Nil.

NOTES ON CLAUSES

Clause 1 : Short title

1. This clause provides for this Bill, once enacted, to be cited as the

ACIS Administration Amendment (Application) Act 2009.

Clause 2 : Commencement

2. This clause provides that the Act commences on the date of Royal Assent.

Clause 3 : Schedule(s )

Schedule 1: Amendments

ACIS Administration Amendment Act 2009

Item 1 : Commencement

3. This item replaces the commencement date in the ACIS Administration Amendment Act 2009 to make it explicit that the amendments to the Automotive Competitiveness and Investment Scheme (ACIS) commence on 1 January 2010.

Item 2 : Application

4. This item provides that sections 12-16 of the ACIS Administration Amendment Act 2009 apply to working out unmodulated production credits for a quarter beginning on or after 1 January 2010.