ACIS Administration Act 1999 (Repealed)

PART 12 - ADMINISTRATIVE REVIEW OF CERTAIN DECISIONS  

SECTION 113   LIMITATIONS ON IMPLEMENTATION OF AAT 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 the Administrative Appeals Tribunal (AAT); and

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

(2)    
Despite subsection 43(6) of the Administrative Appeals Tribunal Act 1975 , the AAT ' s decision has effect on and from the day that the AAT made its decision and not before that date.

(3)    
If:

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

(b) the AAT ' 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 AAT ' s decision can only be given effect to if:

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

(d) the AAT ' 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 AAT ' 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.