CHAPTER 3
-
SPECIALIST LIABILITY RULES
PART 3-45
-
RULES FOR PARTICULAR INDUSTRIES AND OCCUPATIONS
Division 378
-
Digital games (tax offset for Australian expenditure on digital games)
History
Div 378 inserted by No 29 of 2023, s 3 and Sch 1 item 2, effective 1 July 2023 and applicable in relation to expenditure incurred on or after 1 July 2022.
Subdivision 378-D
-
Review and other matters
History
Subdiv 378-D inserted by No 29 of 2023, s 3 and Sch 1 item 2, effective 1 July 2023 and applicable in relation to expenditure incurred on or after 1 July 2022.
SECTION 378-85
Notice of decision or determination
378-85(1)
This section applies to:
(a)
a notice given under section
378-60
(refusal to issue a certificate); and
(b)
a notice of a determination given under section
378-30
(determination of qualifying Australian development expenditure); and
(c)
a notice given under section
378-70
(revocation of a certificate); and
(d)
a notice given under section
378-75
(amendment or refusal to amend a certificate).
378-85(2)
The notice of the decision or determination is to include the statements set out in subsections
(3)
and
(4)
.
378-85(3)
There must be a statement to the effect that, subject to the
Administrative Review Tribunal Act 2024
, an application may be made to the *ART, by (or on behalf of) any entity whose interests are affected by the decision or determination, for review of the decision or determination.
History
S 378-85(3) amended by No 38 of 2024, s 3 and Sch 1 item 64, by substituting
"
Administrative Review Tribunal Act 2024
"
for
"
Administrative Appeals Tribunal Act 1975
"
and
"
*ART
"
for
"
*AAT
"
, effective 14 October 2024.
378-85(4)
There must also be a statement to the effect that a request may be made under section
268
of that Act by (or on behalf of) such an entity for a statement of reasons.
History
S 378-85(4) substituted by No 38 of 2024, s 3 and Sch 1 item 35, effective 14 October 2024. S 378-85(4) formerly read:
378-85(4)
There must also be a statement to the effect that a request may be made under section 28 of the
Administrative Appeals Tribunal Act 1975
by (or on behalf of) such an entity for a statement:
(a)
setting out the findings on material questions of fact; and
(b)
referring to the evidence or other material on which those findings were based; and
(c)
giving the reasons for the decision or determination;
except where subsection 28(4) of that Act applies.
378-85(5)
If the *Arts Minister fails to comply with subsection
(3)
or
(4)
, that failure does not affect the validity of the decision or determination.
History
S 378-85 inserted by No 29 of 2023, s 3 and Sch 1 item 2, effective 1 July 2023 and applicable in relation to expenditure incurred on or after 1 July 2022.