Industry Research and Development Act 1986

PART III - FUNCTIONS RELATING TO THE R & D TAX OFFSET  

Division 6A - Determinations about Board ' s powers, functions and duties under this Part  

SECTION 31E   WHEN BOARD MUST AMEND OR REVOKE A DETERMINATION  

31E(1)  
This section applies to a determination made under section 31D if:

(a)  as a result of reviewing under section 30D a reviewable decision that was made in accordance with the determination because of section 31D , the Board is satisfied that the determination is incorrect; or

(b)  the determination is inconsistent with:


(i) a decision of a court; or

(ii) a decision of the Administrative Appeals Tribunal on review of an internal review decision relating to a reviewable decision that was made in accordance with the determination because of section 31D ; or

(iii) this Act, the regulations or the decision-making principles.

31E(2)  
The Board must, by notifiable instrument, revoke the determination or amend it so it is no longer incorrect or inconsistent.

31E(3)  
This section does not limit the application of subsection 33(3) of the Acts Interpretation Act 1901 in relation to the power to make a determination under section 31D of this Act.

Note:

Subsection 33(3) of the Acts Interpretation Act 1901 provides that a power to make an instrument includes the power to revoke or vary the instrument.




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