Income Tax Assessment Act 1997
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Hide history noteSECTION 415-65 Provisional designation
Provisional designation
415-65(1)
The *Infrastructure CEO must, by instrument in writing, designate the infrastructure project provisionally for the purposes of this Division if:
(a) the entity applies to have the Infrastructure CEO designate the infrastructure project in accordance with section 415-55 ; and
(b) the Infrastructure CEO accepts the estimate of the * infrastructure project capital expenditure under section 415-80 ; and
(c) the provisional designation would not breach the infrastructure project capital expenditure cap under section 415-75 ; and
(d) the following conditions are satisfied:
(i) the conditions prescribed by the * infrastructure project designation rules;
(ii) if the infrastructure project designation rules do not prescribe any conditions - in the opinion of the Infrastructure CEO, the infrastructure is nationally significant infrastructure (within the meaning of the Infrastructure Australia Act 2008 ); and
(e) the infrastructure project is not a * designated infrastructure project.
415-65(2)
The instrument of provisional designation must contain any details prescribed by the * infrastructure project designation rules.
Amendment of instruments of provisional designation
415-65(3)
The *Infrastructure CEO must, by instrument in writing, amend the instrument of provisional designation in accordance with any requirements prescribed by the * infrastructure project designation rules. The Infrastructure CEO must not amend the instrument in any other circumstances.
415-65(4)
Without limiting subsection (3), the requirements the * infrastructure project designation rules may prescribe for the purposes of that subsection include requirements relating to when an amendment must take effect, which may be a time before the amendment is made.
Revocation of instruments of provisional designation
415-65(5)
The *Infrastructure CEO must, by instrument in writing, revoke the instrument of provisional designation:
(a) if the Infrastructure CEO has designated the project under section 415-70 , or decides not to designate the project; or
(b) if the Infrastructure CEO has revoked the instrument of acceptance of the estimate under section 415-80 ; or
(c) in the circumstances (if any) prescribed by the * infrastructure project designation rules.
The Infrastructure CEO must not revoke the instrument in any other circumstances.
415-65(6)
Without limiting paragraph (5)(c), the circumstances the * infrastructure project designation rules may prescribe for the purposes of that paragraph include:
(a) circumstances involving a failure by a prescribed entity to give prescribed information to the *Infrastructure CEO; and
(b) circumstances involving a breach of conditions set by the Infrastructure CEO for the * provisionally designated infrastructure project to remain provisionally designated.
415-65(7)
The * infrastructure project designation rules must prescribe matters to which the *Infrastructure CEO must have regard in setting conditions for a * provisionally designated infrastructure project to remain provisionally designated, if the infrastructure project designation rules provide for the Infrastructure CEO to set such conditions, as mentioned in paragraph (6)(b).
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