ACIS Administration Act 1999 (Repealed)

PART 12 - ADMINISTRATIVE REVIEW OF CERTAIN DECISIONS  

SECTION 112   LIMITATIONS ON IMPLEMENTATION OF COURT DECISIONS CONCERNING DUTY CREDIT DECISIONS  

(1)    
If, in respect of a decision (the original decision ) set out in section 111:

(a) application is made for review of the original decision to:

(i) the Federal Court or the Federal Magistrates Court under the Administrative Decisions (Judicial Review) Act 1977 ; or

(ii) the Federal Court under section 39B of the Judiciary Act 1903 ; and

(b) the court makes a decision in favour of the applicant for review; the limitations set out in the following subsections apply to the implementation of the court ' s decision concerning the original decision.

(2)    
The court ' s decision has effect on and from the day that the court made its decision and not before that date.

(3)    
If:

(a) the applicant for review is a participant at the time that the court ' s decision concerning his or her application is made; and

(b) the court ' s decision would result in the applicant being issued with an increased amount of modulated capped production credit, modulated investment credit or unmodulated type J investment credit; the court ' s decision can only be given effect to if:

(c) the stage cap (referred to in section 53) for the stage in respect of when the original decision was made has not been reached; and

(d) the court ' s decision is made before the end of the calendar year next following that stage.

(4)    
If the applicant for review is a participant at the time that the court ' s decision concerning his or her application is made:

(a) the decision can only be given effect to if the applicant ' s personal 5% limit on sales (section 54) in respect of the ACIS year in which the original decision was made has not been reached; and

(b) if the limit has not been reached, the decision can only be given effect to to the extent of the 5% limit.