PART 2
-
REGISTRATION OF LIMITED PARTNERSHIPS
History
Part 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
Division 13
-
Registration
SECTION 13-5
CONDITIONAL REGISTRATION
13-5(1)
*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
.
History
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
.
History
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
.
History
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.
History
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.