Income Tax Assessment Act 1997
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Hide history noteSECTION 415-70 Designation
Designation
415-70(1)
The *Infrastructure CEO must, by instrument in writing, designate the infrastructure project 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 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 - the conditions mentioned in subsection (2);
(whether or not the infrastructure project is a * provisionally designated infrastructure project).
415-70(2)
For the purposes of subparagraph (1)(d)(ii), the following are the conditions:
(a) in the opinion of the *Infrastructure CEO, the infrastructure is nationally significant infrastructure (within the meaning of the Infrastructure Australia Act 2008 );
(b) in the opinion of the Infrastructure CEO, financial close on the infrastructure project has occurred or is imminent.
415-70(3)
The instrument of designation must contain any details prescribed by the * infrastructure project designation rules.
Amendment of instruments of designation
415-70(4)
The *Infrastructure CEO must, by instrument in writing, amend the instrument of 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.
415-70(5)
Without limiting subsection (4), 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 designation
415-70(6)
The *Infrastructure CEO must, by instrument in writing, revoke the instrument of designation in the circumstances prescribed by the * infrastructure project designation rules. The Infrastructure CEO must not revoke the instrument in any other circumstances.
415-70(7)
Without limiting subsection (6), the circumstances the * infrastructure project designation rules may prescribe for the purposes of that subsection 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 * designated infrastructure project to remain designated.
415-70(8)
The * infrastructure project designation rules must prescribe matters to which the *Infrastructure CEO must have regard in setting conditions for a * designated infrastructure project to remain designated, if the infrastructure project designation rules provide for the Infrastructure CEO to set such conditions, as mentioned in paragraph (7)(b).
Infrastructure CEO must notify Commissioner
415-70(9)
The *Infrastructure CEO must notify the Commissioner of a decision made by the Infrastructure CEO:
(a) to designate the infrastructure project; or
(b) to amend or to revoke the instrument of designation;
within 28 days after making the decision.
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