Tax Laws Amendment (Research and Development) Act 2011 (93 of 2011)

Schedule 2   Innovation Australia's role

Part 1   Main amendment

Industry Research and Development Act 1986

32B   General rules about findings under this Part

(1) A finding made under this Part in relation to an R&D entity has no effect to the extent of any inconsistency with a finding already in force under this Part in relation to the R&D entity.

Example: A finding under subsection 27J(1) in relation to an R&D entity’s registration has no effect to the extent of any inconsistency with:

(a) a finding already in force under that subsection in relation to that registration; or

(b) a finding already in force under subsection 27B(1) in relation to the application for that registration; or

(c) a finding already in force under subsection 28A(1) (advance findings about the nature of activities) in relation to the R&D entity.

(2) Subsection 33(3) of the Acts Interpretation Act 1901 does not apply to the power to make a finding under this Part.

Note: This means the power to make a finding does not itself include the power to vary or revoke that finding. A finding can only be varied or revoked on review under Division 5.


Copyright notice

© Australian Taxation Office for the Commonwealth of Australia

You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).