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

32C   Alternative constitutional basis

(1) Without limiting its effect apart from this subsection, this Part also has the effect it would have if:

(a) subsection (2) had not been enacted; and

(b) each reference in this Part to an R&D entity were, by express provision, confined to an R&D entity that:

(i) is a constitutional corporation; or

(ii) has its registered office (within the meaning of the Corporations Act 2001) or principal place of business (within the meaning of that Act) located in a Territory.

(2) Without limiting its effect apart from this subsection, this Part also has the effect it would have if:

(a) subsection (1) had not been enacted; and

(b) this Part, by express provision, confined applications, registrations, findings and decisions under this Part to be in relation to activities, or parts of activities, conducted or to be conducted:

(i) solely in a Territory; or

(ii) solely outside of Australia; or

(iii) solely in a Territory and outside of Australia; or

(iv) for the dominant purpose of supporting core R&D activities conducted, or to be conducted, solely in a Territory.