Venture Capital Act 2002
View history note
Hide history noteIn deciding, for the purposes of paragraph 13-1(1A)(c) or subsection 13-15(5) , whether it is satisfied that a partnership ' s investment plan, or a replacement for a partnership ' s *approved investment plan, is appropriate, *Industry Innovation and Science Australia must take into account the extent to which the partnership focuses on early stage venture capital, having regard to: (a) the stages of development of the entities in which the partnership proposes to invest; and (b) the levels of cash flow of those entities; and (c) the levels of technology of those entities; and (d) the proportions of intellectual property to total assets of those entities; and (e) the levels of risk and return of those entities; and (f) the amount of tangible assets and collateral of those entities against which borrowings may be secured; and (g) the requirements of this Act relating to an *ESVCLP making and holding investments; and (h) whether the partnership ' s *committed capital can only be used in relation to early stage venture capital, and whether it can be transferred to other entities; and (i) whether the investment plan is connected with other plans for investment that, if combined with the investment plan, would lead to the partnership exceeding the limit on *committed capital under subparagraph 9-3(1)(d)(ii) ; and (j) any additional matters specified in guidelines made under subsection (2) .
13-20(2)
*Industry Innovation and Science Australia may, by legislative instrument, make guidelines specifying additional matters that it must take into account in deciding, for the purposes of paragraph 13-1(1A)(c) or subsection 13-15(5) , whether it is satisfied that: (a) a partnership ' s investment plan is appropriate; or (b) a replacement for a partnership ' s *approved investment plan is appropriate;
as the case requires.
13-20(3)
This section does not limit the matters that *Industry Innovation and Science Australia may take into account in deciding, for the purposes of paragraph 13-1(1A)(c) or subsection 13-15(5) , whether it is satisfied that: (a) a partnership ' s investment plan is appropriate; or (b) a replacement for a partnership ' s *approved investment plan is appropriate;
as the case requires.
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