PART I
-
PRELIMINARY
SECTION 4
INTERPRETATION
4(1)
In this Act, unless the contrary intention appears:
accountable authority
has the meaning given by the
Public Governance, Performance and Accountability Act 2013
.
History
Definition of
"
accountable authority
"
inserted by No 63 of 2016, s 3 and Sch 1 item 3, effective 20 October 2016. For application and transitional provisions, see note under Pt
IV
heading.
acting chairperson
(Repealed by No 164 of 2007)
History
Definition of
"
acting chairperson
"
repealed by No 164 of 2007, s 3 and Sch 12 item 2, effective 27 September 2007. The definition formerly read:
acting Chairperson
means a person acting as Chairperson under section 17.
acting member
(Repealed by No 164 of 2007)
History
Definition of
"
acting member
"
repealed by No 164 of 2007, s 3 and Sch 12 item 3, effective 27 September 2007. The definition formerly read:
acting member
means a person acting as a member under section 17, and includes an acting Chairperson.
agreement under this Act
(Repealed by No 15 of 2004)
History
Definition of
"
agreement under this Act
"
repealed by No 15 of 2004, s 3 and Sch 1 item 2, effective 11 September 2004. The definition formerly read:
agreement under this Act
means:
(a)
a discretionary grant agreement; or
(b)
a generic technology grant agreement; or
(c)
a national interest agreement; or
(d)
a national procurement development program agreement; or
(e)
an agreement entered into by the Board in connection with the performance of any function of the Board specified in directions given to the Board under subsection 19(1).
application
(Repealed by No 15 of 2004)
History
Definition of
"
application
"
repealed by No 15 of 2004, s 3 and Sch 1 item 3, effective 11 September 2004. The definition formerly read:
application
means:
(a)
an application for a discretionary grant; or
(b)
an application for a generic technology grant; or
(c)
an application for a national interest agreement; or
(d)
an application for a national procurement development program agreement; or
(e)
an application made to the Board in connection with the performance of any function of the Board specified in directions given to the Board under subsection 19(1).
appointed member
means the Chairperson, the Deputy Chairperson or a member referred to in paragraph
9(1)(c)
.
History
Definition of
"
appointed member
"
amended by No 63 of 2016, s 3 and Sch 1 item 4, by inserting
"
, the Deputy Chairperson
"
, effective 20 October 2016. For application and transitional provisions, see note under Pt
IV
heading.
approved form
has the meaning given by section
32
.
History
Definition of
"
approved form
"
inserted by No 93 of 2011, s 3 and Sch 2 item 3, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
approved research institute
(Repealed by No 93 of 2011)
History
Definition of
"
approved research institute
"
repealed by No 93 of 2011, s 3 and Sch 2 item 4, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading. The definition formerly read:
approved research institute
means an approved research institute within the meaning of section 73A of the
Income Tax Assessment Act 1936
.
Australia
has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
Australia
"
inserted by No 33 of 2016, s 3 and Sch 5 item 69, effective 1 July 2016.
Australian government body
(Repealed by No 15 of 2004)
History
Definition of
"
Australian government body
"
repealed by No 15 of 2004, s 3 and Sch 1 item 4, effective 11 September 2004. The definition formerly read:
Australian government body
means:
(a)
the Commonwealth, a State or a Territory; or
(b)
an authority of the Commonwealth, of a State or of a Territory; or
(c)
an incorporated company in which an entity covered by paragraph (a) or (b) has a controlling interest.
Australian government contractor
(Repealed by No 15 of 2004)
History
Definition of
"
Australian government contractor
"
repealed by No 15 of 2004, s 3 and Sch 1 item 5, effective 11 September 2004. The definition formerly read:
Australian government contractor
means a person who performs services, otherwise than as an employee, under contract for one or more Australian government bodies.
Board
means Industry Innovation and Science Australia, established by section
6
.
History
Definition of
"
Board
"
amended by No 101 of 2021, s 3 and Sch 1 item 1, by substituting
"
Industry Innovation and Science Australia
"
for
"
Innovation and Science Australia
"
, effective 11 September 2021.
Definition of
"
Board
"
amended by No 63 of 2016, s 3 and Sch 1 item 5, by substituting
"
Innovation and Science Australia
"
for
"
Innovation Australia
"
, effective 20 October 2016. For application and transitional provisions, see note under Pt
IV
heading.
Definition of
"
Board
"
substituted by No 164 of 2007, s 3 and Sch 12 item 4, effective 27 September 2007. The definition formerly read:
Board
means the Industry Research and Development Board established by this Act.
chairperson
means the Chairperson of the Board.
History
Definition of
"
chairperson
"
amended by No 164 of 2007, s 3 and Sch 12 item 5, by omitting
"
, but does not include an acting Chairperson
"
after
"
means the Chairperson of the Board
"
, effective 27 September 2007.
Commissioner
has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
Commissioner
"
inserted by No 93 of 2011, s 3 and Sch 2 item 5, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
committee
means a committee appointed under section
22
.
company
(Repealed by No 93 of 2011)
History
Definition of
"
company
"
repealed by No 93 of 2011, s 3 and Sch 2 item 6, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading. The definition formerly read:
company
means:
(a)
a body of persons; or
(b)
an association of persons;
whether corporate or unincorporate.
consolidated group
has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
consolidated group
"
inserted by No 93 of 2011, s 3 and Sch 2 item 7, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
constitutional corporation
has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
constitutional corporation
"
inserted by No 93 of 2011, s 3 and Sch 2 item 8, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
core R
&
D activities
has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
core R
&
D activities
"
inserted by No 93 of 2011, s 3 and Sch 2 item 9, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
core technology
has the meaning given by subsection
28E(2)
.
History
Definition of
"
core technology
"
inserted by No 93 of 2011, s 3 and Sch 2 item 10, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
corporate researcher
(Repealed by No 15 of 2004)
History
Definition of
"
corporate researcher
"
repealed by No 15 of 2004, s 3 and Sch 1 item 6, effective 11 September 2004. The definition formerly read:
corporate researcher
means a researcher other than an individual natural person.
decision-making principles
has the meaning given by section
32A
.
History
Definition of
"
decision-making principles
"
inserted by No 93 of 2011, s 3 and Sch 2 item 11, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
Deputy Chairperson
means the Deputy Chairperson of the Board.
History
Definition of
"
Deputy Chairperson
"
inserted by No 63 of 2016, s 3 and Sch 1 item 6, effective 20 October 2016. For application and transitional provisions, see note under Pt
IV
heading.
designated activity
(Repealed by No 15 of 2004)
History
Definition of
"
designated activity
"
repealed by No 15 of 2004, s 3 and Sch 1 item 7, effective 11 September 2004. The definition formerly read:
designated activity
means:
(a)
the manufacture of goods; or
(b)
the performance of services; or
(c)
mining operations or operations for the recovery of naturally occurring petroleum or of natural gas; or
(d)
construction operations relating to buildings or works; or
(e)
the production of software for computers or for similar equipment; or
(f)
an activity in respect of which a declaration under section 34B is in force; or
(g)
the development of systems and processes in relation to an activity referred to in paragraph (a), (b), (c), (d), (e) or (f).
discretionary grant
(Repealed by No 15 of 2004)
History
Definition of
"
discretionary grant
"
repealed by No 15 of 2004, s 3 and Sch 1 item 8, effective 11 September 2004. The definition formerly read:
discretionary grant
means a grant of financial assistance under a discretionary grant agreement.
discretionary grant agreement
(Repealed by No 15 of 2004)
History
Definition of
"
discretionary grant agreement
"
repealed by No 15 of 2004, s 3 and Sch 1 item 9, effective 11 September 2004. For transitional provisions, see note under Part
III
heading. The definition formerly read:
discretionary grant agreement
means an agreement entered into by the Board under section 28.
eligible activity
(Repealed by No 15 of 2004)
History
Definition of
"
eligible activity
"
repealed by No 15 of 2004, s 3 and Sch 1 item 10, effective 11 September 2004. For transitional provisions, see note under Part
III
heading. The definition formerly read:
eligible activity
means:
(a)
the manufacture of goods;
(b)
mining operations or operations for the recovery of naturally occurring petroleum or of natural gas;
(c)
construction operations relating to buildings or works;
(d)
the production of software for computers or for similar equipment;
(e)
an activity in respect of which a declaration under section 26 is in force; or
(f)
the development of systems and processes in relation to an activity referred to in paragraph (a), (b), (c), (d) or (e).
eligible company
(Repealed by No 15 of 2004)
History
Definition of
"
eligible company
"
repealed by No 15 of 2004, s 3 and Sch 1 item 11, effective 11 September 2004. For transitional provisions, see note under Part
III
heading. The definition formerly read:
eligible company
means a company:
(a)
that carries on an eligible activity in Australia; or
(b)
in respect of which a declaration under section 27 is in force.
entity
has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
entity
"
inserted by No 93 of 2011, s 3 and Sch 2 item 12, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
finance scheme guidelines
(Repealed by No 93 of 2011)
History
Definition of
"
finance scheme guidelines
"
repealed by No 93 of 2011, s 3 and Sch 2 item 13, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading. The definition formerly read:
finance scheme guidelines
means guidelines made under section 39EA.
generic technology grant
(Repealed by No 15 of 2004)
History
Definition of
"
generic technology grant
"
repealed by No 15 of 2004, s 3 and Sch 1 item 12, effective 11 September 2004. For transitional provisions, see note under Part
III
heading. The definition formerly read:
generic technology grant
means a grant of financial assistance under a generic technology agreement.
generic technology grant agreement
(Repealed by No 15 of 2004)
History
Definition of
"
generic technology grant agreement
"
repealed by No 15 of 2004, s 3 and Sch 1 item 13, effective 11 September 2004. For transitional provisions, see note under Part
III
heading. The definition formerly read:
generic technology grant agreement
means an agreement entered into by the Board under section 31.
head company
has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
head company
"
inserted by No 93 of 2011, s 3 and Sch 2 item 14, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
income year
has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
income year
"
inserted by No 93 of 2011, s 3 and Sch 2 item 15, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
internal review decision
has the meaning given by section
30D
.
History
Definition of
"
internal review decision
"
inserted by No 93 of 2011, s 3 and Sch 2 item 16, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
MEC group
has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
MEC group
"
inserted by No 93 of 2011, s 3 and Sch 2 item 17, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
member
means the Chairperson, the Deputy Chairperson or another member of the Board.
History
Definition of
"
member
"
amended by No 63 of 2016, s 3 and Sch 1 item 7, by inserting
"
, the Deputy Chairperson
"
, effective 20 October 2016. For application and transitional provisions, see note under Pt
IV
heading.
Definition of
"
member
"
amended by No 164 of 2007, s 3 and Sch 12 item 6, by omitting
"
, but does not include an acting member
"
after
"
another member of the Board
"
, effective 27 September 2007.
national interest agreement
(Repealed by No 15 of 2004)
History
Definition of
"
national interest agreement
"
repealed by No 15 of 2004, s 3 and Sch 1 item 14, effective 11 September 2004. For transitional provisions, see note under Part
III
heading. The definition formerly read:
national interest agreement
means an agreement entered into by the Board under section 33.
national procurement development program agreement
(Repealed by No 15 of 2004)
History
Definition of
"
national procurement development program agreement
"
repealed by No 15 of 2004, s 3 and Sch 1 item 15, effective 11 September 2004. For transitional provisions, see note under Part
III
heading. The definition formerly read:
national procurement development program agreement
means an agreement entered into by the Board under section 34A.
non-corporate Commonwealth entity
has the meaning given by the
Public Governance, Performance and Accountability Act 2013
.
History
Definition of
"
non-corporate Commonwealth entity
"
inserted by No 63 of 2016, s 3 and Sch 1 item 8, effective 20 October 2016. For application and transitional provisions, see note under Pt
IV
heading.
official
has the meaning given by the
Public Governance, Performance and Accountability Act 2013
.
History
Definition of
"
official
"
inserted by No 63 of 2016, s 3 and Sch 1 item 8, effective 20 October 2016. For application and transitional provisions, see note under Pt
IV
heading.
PDF
has the same meaning as in the
Pooled Development Funds Act 1992
.
History
Definition of
"
PDF
"
inserted by No 164 of 2007, s 3 and Sch 12 item 7, effective 27 September 2007.
R
&
D activities
has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
R
&
D activities
"
inserted by No 93 of 2011, s 3 and Sch 2 item 18, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
R
&
D entity
has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
R
&
D entity
"
inserted by No 93 of 2011, s 3 and Sch 2 item 19, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
research and development activities
(Repealed by No 93 of 2011)
History
Definition of
"
research and development activities
"
repealed by No 93 of 2011, s 3 and Sch 2 item 20, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading. The definition formerly read:
research and development activities
means systematic investigation or experimentation activities:
(a)
that involve innovation, technology transfer into Australia or technical risk;
(b)
that are carried out in Australia; and
(c)
the object of which is new knowledge (with or without a specific practical application) or new or improved materials, products, devices, processes or services.
researcher
(Repealed by No 63 of 2016)
History
Definition of
"
researcher
"
repealed by No 63 of 2016, s 3 and Sch 1 item 9, effective 20 October 2016. For application and transitional provisions, see note under Pt
IV
heading. The definition formerly read:
researcher
means an entity that the Board believes is capable of carrying out a project of R
&
D activities or innovation activities.
Definition of
"
researcher
"
substituted by No 93 of 2011, s 3 and Sch 2 item 21, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading. The definition formerly read:
researcher
means a person who, or a body, an organisation, or an institution, that, in the opinion of the Board, is capable of carrying out a project of research and development activities or innovation activities and, without limiting the foregoing, includes a Department of State, a company and an approved research institute.
Definition of
"
researcher
"
amended by No 15 of 2004, s 3 and Sch 1 item 16, by inserting
"
or innovation activities
"
, effective 11 September 2004. For transitional provisions, see note under Part
III
heading.
research field
means a research field specified in regulations made for the purposes of this definition.
History
Definition of
"
research field
"
inserted by No 93 of 2011, s 3 and Sch 2 item 22, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
research service provider
means an entity registered under section
29A
.
History
Definition of
"
research service provider
"
inserted by No 93 of 2011, s 3 and Sch 2 item 23, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
reviewable decision
has the meaning given by section
30A.
History
Definition of
"
reviewable decision
"
inserted by No 93 of 2011, s 3 and Sch 2 item 24, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
significant scientific link
has the meaning given by subsection
28D(3)
.
History
Definition of
"
significant scientific link
"
inserted by No 93 of 2011, s 3 and Sch 2 item 25, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
subsidiary member
has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
subsidiary member
"
inserted by No 93 of 2011, s 3 and Sch 2 item 26, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
subsidy
(Repealed by No 15 of 2004)
History
Definition of
"
subsidy
"
repealed by No 15 of 2004, s 3 and Sch 1 item 17, effective 11 September 2004. For transitional provisions, see note under Part
III
heading. The definition formerly read:
subsidy
means:
(a)
a discretionary grant; or
(b)
a generic technology grant; or
(c)
a payment by the Commonwealth under a national interest agreement; or
(d)
a payment by the Commonwealth under a national procurement development program agreement; or
(e)
a payment by way of grant or loan made by the Commonwealth pursuant to an authorisation by the Board in the performance of any function specified in directions given to the Board under subsection 19(1).
supporting R
&
D activities
has the same meaning as in the
Income Tax Assessment Act 1997
.
History
Definition of
"
supporting R
&
D activities
"
inserted by No 93 of 2011, s 3 and Sch 2 item 27, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading.
technical assessment
(Repealed by No 63 of 2016)
History
Definition of
"
technical assessment
"
repealed by No 63 of 2016, s 3 and Sch 1 item 10, effective 20 October 2016. For application and transitional provisions, see note under Pt
IV
heading. The definition formerly read:
technical assessment
means:
(a)
in relation to a proposal for research and development or a proposal for innovation in respect of which an application has been made for the expenditure of Commonwealth money under a program to which Ministerial directions under section 18A apply
-
an assessment of, and the provision of advice and recommendations concerning:
(i)
the eligibility of the proposal, and of the applicant, to participate in the program; and
(ii)
the technical merit of the proposal; and
(iii)
any other matter specified in the Ministerial directions; and
(b)
in relation to the progress of particular research and development or a particular innovation initiative in respect of which the expenditure of Commonwealth money has been approved under such a program
-
an assessment of, and the provision of advice and recommendations concerning:
(i)
the progress of that research and development or of that innovation initiative; and
(ii)
any other matter specified in the Ministerial directions.
Definition of
"
technical assessment
"
inserted by No 15 of 2004, s 3 and Sch 1 item 18, effective 11 September 2004. For transitional provisions, see note under Part
III
heading.
4(2)
(Repealed by No 93 of 2011)
History
S 4(2) repealed by No 93 of 2011, s 3 and Sch 2 item 28, effective 8 September 2011. For application, savings and transitional provisions see note under Part
III
heading. S 4(2) formerly read:
4(2)
For the purposes of this Act:
(a)
an external Territory to which this Act extends; and
(b)
such areas of the sea or seabed adjacent to Australia or to an external Territory to which this Act extends as are prescribed;
shall be taken to be part of Australia.
4(3)
(Repealed by No 15 of 2004)
History
S 4(3) repealed by No 15 of 2004, s 3 and Sch 1 item 19, effective 11 September 2004. For transitional provisions, see note under Part
III
heading. S 4(3) formerly read:
4(3)
A reference in this Act to an area of generic technology shall be read as a reference to an area of technology in respect of which a declaration under section 30 is in force.
4(4)
(Repealed by No 15 of 2004)
History
S 4(4) repealed by No 15 of 2004, s 3 and Sch 1 item 19, effective 11 September 2004. For transitional provisions, see note under Part
III
heading. S 4(4) formerly read:
4(4)
A company shall be deemed for the purposes of this Act to carry on an eligible activity if, under an agreement, that activity is carried on, for and on behalf of, the company.
4(5)
(Repealed by No 63 of 2016)
History
S 4(5) repealed by No 63 of 2016, s 3 and Sch 1 item 11, effective 20 October 2016. For application and transitional provisions, see note under Pt
IV
heading. S 4(5) formerly read:
4(5)
A researcher shall be deemed for the purposes of this Act to carry out a project if, under an agreement, that project is carried out, for and on behalf of, the researcher.
4(6)
(Repealed by No 63 of 2016)
History
S 4(6) repealed by No 63 of 2016, s 3 and Sch 1 item 11, effective 20 October 2016. For application and transitional provisions, see note under Pt
IV
heading. S 4(6) formerly read:
4(6)
A reference in this Act to expenditure incurred or to be incurred by a researcher shall be read as a reference to expenditure incurred or to be incurred by the researcher that, in the opinion of the Board, is reasonable expenditure.
4(7)
(Repealed by No 31 of 2014)
History
S 4(7) repealed by No 31 of 2014, s 3 and Sch 7 item 5, effective 24 June 2014. S 4(7) formerly read:
4(7)
For the purposes of this Act:
(a)
the Chairperson may be referred to as the Chairman or Chairwoman, as the case requires; and
(b)
(Repealed by No 164 of 2007)
(c)
the Chairperson of a committee may be referred to as the Chairman of the committee or Chairwoman of the committee, as the case requires.
S 4(7) amended by No 164 of 2007, s 3 and Sch 12 items 8 and 9, by inserting
"
and
"
at the end of para (a) and repealing para (b), effective 27 September 2007. Para (b) formerly read:
(b)
the acting Chairperson may be referred to as the acting Chairman or the acting Chairwoman, as the case requires; and
4(8)
For the purposes of this Act, the
Pooled Development Funds Act 1992
, the
Venture Capital Act 2002
and any other Act, a person gives information, or produces a document, to the Board if the person gives the information, or produces the document, to:
(a)
the Board; or
(b)
a member of the Board; or
(c)
a committee; or
(d)
a member of a committee; or
(e)
a member of the staff assisting the Board or a committee (see section
25
); or
(f)
a consultant assisting the Board or a committee (see section
25
).
History
S 4(8) inserted by No 164 of 2007, s 3 and Sch 12 item 10, effective 27 September 2007.
4(9)
A reference in this Act to research is a reference to research in any field.
History
S 4(9) inserted by No 63 of 2016, s 3 and Sch 1 item 12, effective 20 October 2016. For application and transitional provisions, see note under Pt
IV
heading.
History
S 4 amended by No 66 of 1991, 224 of 1992, and 78 of 1996.
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