Industry Research and Development Act 1986

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

Division 7 - Other matters  

SECTION 32B   GENERAL RULES ABOUT FINDINGS UNDER THIS PART  

32B(1)  
A finding made under this Part in relation to an R & D entity has no effect to the extent of any inconsistency with a finding already in force under this Part in relation to the R & D entity.

Example:

A finding under subsection 27J(1) in relation to an R & D entity's registration has no effect to the extent of any inconsistency with:

  • (a) a finding already in force under that subsection in relation to that registration; or
  • (b) a finding already in force under subsection 27B(1) in relation to the application for that registration; or
  • (c) a finding already in force under subsection 28A(1) (advance findings about the nature of activities) in relation to the R & D entity.
  • 32B(2)  
    Subsection 33(3) of the Acts Interpretation Act 1901 does not apply to the power to make a finding under this Part.

    Note:

    This means the power to make a finding does not itself include the power to vary or revoke that finding. A finding can only be varied or revoked on review under Division 5 .




    This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.