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 9
-
Registration requirements
SECTION 9-4
ALLOWING A PARTNER
'
S COMMITTED CAPITAL TO EXCEED THE 30% LIMIT
9-4(1)
*Industry Innovation and Science Australia may, on the application of a partner of a partnership, make a decision allowing the partner
'
s committed capital in the partnership to exceed 30% of the partnership
'
s committed capital.
History
S 9-4(1) amended by No 101 of 2021, s 3 and Sch 1 item 6(a), by substituting
"
*Industry Innovation and Science Australia
"
for
"
*Innovation and Science Australia
"
, effective 11 September 2021.
S 9-4(1) amended by No 63 of 2016, s 3 and Sch 1 item 49(a), by substituting
"
*Innovation and Science Australia
"
for
"
*Innovation Australia
"
, effective 20 October 2016.
S 9-4(1) amended by No 164 of 2007, s 3 and Sch 12 item 101, by substituting
"
*Innovation Australia
"
for
"
The *Venture Capital Registration Board
"
, effective 27 September 2007.
9-4(2)
The application must be in the *form approved by Industry Innovation and Science Australia.
History
S 9-4(2) amended by No 101 of 2021, s 3 and Sch 1 item 6(c), by substituting
"
Industry Innovation and Science Australia
"
for
"
Innovation and Science Australia
"
, effective 11 September 2021.
S 9-4(2) amended by No 63 of 2016, s 3 and Sch 1 item 49(c), by substituting
"
Innovation and Science Australia
"
for
"
Innovation Australia
"
, effective 20 October 2016.
S 9-4(2) amended by No 164 of 2007, s 3 and Sch 12 item 102, by substituting
"
*form approved by Innovation Australia
"
for
"
*form approved by the *Venture Capital Registration Board
"
, effective 27 September 2007.
9-4(3)
In considering whether to make such a decision, *Industry Innovation and Science Australia must apply the principles specified under subsection
(4)
.
History
S 9-4(3) amended by No 101 of 2021, s 3 and Sch 1 item 6(a), by substituting
"
*Industry Innovation and Science Australia
"
for
"
*Innovation and Science Australia
"
, effective 11 September 2021.
S 9-4(3) amended by No 63 of 2016, s 3 and Sch 1 item 49(a), by substituting
"
*Innovation and Science Australia
"
for
"
*Innovation Australia
"
, effective 20 October 2016.
S 9-4(3) amended by No 164 of 2007, s 3 and Sch 12 item 103, by substituting
"
*Innovation Australia
"
for
"
the *Venture Capital Registration Board
"
, effective 27 September 2007.
9-4(4)
*Industry Innovation and Science Australia may, by legislative instrument, make principles about making decisions under this section.
History
S 9-4(4) amended by No 101 of 2021, s 3 and Sch 1 item 6(a), by substituting
"
*Industry Innovation and Science Australia
"
for
"
*Innovation and Science Australia
"
, effective 11 September 2021.
S 9-4(4) amended by No 63 of 2016, s 3 and Sch 1 item 49(a), by substituting
"
*Innovation and Science Australia
"
for
"
*Innovation Australia
"
, effective 20 October 2016.
S 9-4(4) amended by No 164 of 2007, s 3 and Sch 12 item 104, by substituting
"
*Innovation Australia
"
for
"
The *Venture Capital Registration Board
"
, effective 27 September 2007.
9-4(5)
If *Industry Innovation and Science Australia makes a decision under this section, Industry Innovation and Science Australia must notify the *general partner as soon as practicable after the decision is made.
History
S 9-4(5) 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 9-4(5) 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 9-4(5) amended by No 164 of 2007, s 3 and Sch 12 items 105 and 106, by substituting
"
*Innovation Australia
"
for
"
the *Venture Capital Registration Board
"
and substituting
"
Innovation Australia
"
for
"
the Venture Capital Registration Board
"
, effective 27 September 2007.
9-4(6)
If *Industry Innovation and Science Australia refuses to make a decision allowing the partner
'
s committed capital in the partnership to exceed 30% of the partnership
'
s committed capital, Industry Innovation and Science Australia must:
(a)
notify the *general partner as soon as practicable after the refusal; and
(b)
provide reasons for the refusal.
History
S 9-4(6) 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 9-4(6) 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 9-4(6) amended by No 164 of 2007, s 3 and Sch 12 items 107 and 108, by substituting
"
*Innovation Australia
"
for
"
the *Venture Capital Registration Board
"
and substituting
"
Innovation Australia
"
for
"
the Venture Capital Registration Board
"
, effective 27 September 2007.
History
S 9-4 inserted by No 78 of 2007, s 3 and Sch 8 item 171, effective 21 June 2007.
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