Venture Capital Act 2002
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View history notePart 2 (heading) substituted by No 78 of 2007, s 3 and Sch 8 item 168, effective 21 June 2007. The heading formerly read:
PART 2 - REGISTRATION OF VENTURE CAPITAL LIMITED PARTNERSHIPS AND AUSTRALIAN VENTURE CAPITAL FUNDS OF FUNDS
*Industry Innovation and Science Australia may conditionally register the partnership as a *VCLP if: (a) a *general partner has applied for registration as a VCLP; and (b) one or more of the following applies:
(i) the application for registration does not meet the requirements under section 11-1 ;
(ii) any further information requested under section 11-10 has not been provided;
(iii) the partnership does not meet the *registration requirements of a VCLP;
unless Industry Innovation and Science Australia is satisfied that the partnership:
(c) would not, if it was conditionally registered, meet the registration requirements of a VCLP within the period specified under subsection 13-10(3) ; or (d) has had a previous registration revoked under Division 17 .S 13-5(1) amended by No 101 of 2021, s 3 and Sch 1 items 6(a) and (c), by substituting " *Industry Innovation and Science Australia " for " *Innovation and Science Australia " and " Industry Innovation and Science Australia " for " Innovation and Science Australia " , effective 11 September 2021.
S 13-5(1) amended by No 63 of 2016, s 3 and Sch 1 items 49(a) and (c), by substituting " *Innovation and Science Australia " for " *Innovation Australia " and " Innovation and Science Australia " for " Innovation Australia " , effective 20 October 2016.
S 13-5(1) amended by No 54 of 2016, s 3 and Sch 2 items 77 and 78, by substituting para (b) and " registration " for " *registration " in para (c), effective 1 July 2016. Para (b) formerly read:
(b) either:
(i) the application for registration does not meet the requirements under section 11-1; or
(ii) any further information requested under section 11-10 has not been provided;
S 13-5(1) amended by No 164 of 2007, s 3 and Sch 12 items 142 and 143, by substituting " *Innovation Australia " for " The *Venture Capital Registration Board " and substituting " Innovation Australia " for " the Venture Capital Registration Board " , effective 27 September 2007.
S 13-5(1) amended by No 78 of 2007, s 3 and Sch 8 items 249 and 250, by substituting " *Venture Capital Registration Board " for " *PDF Board " and substituting " Venture Capital Registration Board " for " PDF Board " , effective 21 June 2007.
13-5(1A)
*Industry Innovation and Science Australia may conditionally register the partnership as an *ESVCLP if: (a) a *general partner has applied for registration as an ESVCLP; and (b) one or more of the following applies:
(i) the application for registration does not meet the requirements under section 11-1 ;
(ii) any further information requested under section 11-10 has not been provided;
(iii) the partnership does not meet the *registration requirements of an ESVCLP;
unless Industry Innovation and Science Australia is satisfied that the partnership:
(c) would not, if it was conditionally registered, meet the registration requirements of an ESVCLP within the period specified under subsection 13-10(3) ; or (d) has had a previous registration revoked under Division 17 .S 13-5(1A) amended by No 101 of 2021, s 3 and Sch 1 items 6(a) and (c), by substituting " *Industry Innovation and Science Australia " for " *Innovation and Science Australia " and " Industry Innovation and Science Australia " for " Innovation and Science Australia " , effective 11 September 2021.
S 13-5(1A) amended by No 63 of 2016, s 3 and Sch 1 items 49(a) and (c), by substituting " *Innovation and Science Australia " for " *Innovation Australia " and " Innovation and Science Australia " for " Innovation Australia " , effective 20 October 2016.
S 13-5(1A) amended by No 54 of 2016, s 3 and Sch 2 items 79 and 80, by substituting para (b) and " registration " for " *registration " in para (c), effective 1 July 2016. Para (b) formerly read:
(b) either:
(i) the application for registration does not meet the requirements under section 11-1; or
(ii) any further information requested under section 11-10 has not been provided;
S 13-5(1A) amended by No 164 of 2007, s 3 and Sch 12 items 144 and 145, by substituting " *Innovation Australia " for " The *Venture Capital Registration Board " and substituting " Innovation Australia " for " the Venture Capital Registration Board " , effective 27 September 2007.
S 13-5(1A) inserted by No 78 of 2007, s 3 and Sch 8 item 180, effective 21 June 2007.
13-5(2)
*Industry Innovation and Science Australia may conditionally register the partnership as an *AFOF if: (a) a *general partner has applied for registration as an AFOF; and (b) one or more of the following applies:
(i) the application for registration does not meet the requirements under section 11-1 ;
(ii) any further information requested under section 11-10 has not been provided;
(iii) the partnership does not meet the *registration requirements of an AFOF;
unless Industry Innovation and Science Australia is satisfied that the partnership:
(c) would not, if it was conditionally registered, meet the registration requirements of an AFOF within the period specified under subsection 13-10(3) ; or (d) has had a previous registration revoked under Division 17 .S 13-5(2) amended by No 101 of 2021, s 3 and Sch 1 items 6(a) and (c), by substituting " *Industry Innovation and Science Australia " for " *Innovation and Science Australia " and " Industry Innovation and Science Australia " for " Innovation and Science Australia " , effective 11 September 2021.
S 13-5(2) amended by No 63 of 2016, s 3 and Sch 1 items 49(a) and (c), by substituting " *Innovation and Science Australia " for " *Innovation Australia " and " Innovation and Science Australia " for " Innovation Australia " , effective 20 October 2016.
S 13-5(2) amended by No 54 of 2016, s 3 and Sch 2 items 81 and 82, by substituting para (b) and " registration " for " *registration " in para (c), effective 1 July 2016. Para (b) formerly read:
(b) either:
(i) the application for registration does not meet the requirements under section 11-1; or
(ii) any further information requested under section 11-10 has not been provided;
S 13-5(2) amended by No 164 of 2007, s 3 and Sch 12 items 146 and 147, by substituting " *Innovation Australia " for " The *Venture Capital Registration Board " and substituting " Innovation Australia " for " the Venture Capital Registration Board " , effective 27 September 2007.
S 13-5(2) amended by No 78 of 2007, s 3 and Sch 8 items 251 and 252, by substituting " *Venture Capital Registration Board " for " *PDF Board " and substituting " Venture Capital Registration Board " for " PDF Board " , effective 21 June 2007.
13-5(3)
Conditional registration under this section does not mean that the partnership is registered under this Part as a *VCLP, an *ESVCLP or an *AFOF.
S 13-5(3) amended by No 78 of 2007, s 3 and Sch 8 item 181, by inserting " , an *ESVCLP " after " *VCLP " , effective 21 June 2007.
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