Document ID: chunk:federal_register_of_legislation:F2009B00251:body:0:p2
Version: federal_register_of_legislation:F2009B00251
Segment Type: other
Provision Reference: 
Character Range: 2958–6549

satisfies the criteria developed under part 5 of this direction.

         "eligible institution" means an institution that is incorporated in Australia and is:

              (a)                    an institution of higher education specified in section 4(1) of the Higher Education Funding Act 1988 or Bond University; or

              (b)                   the Commonwealth Scientific and Industrial Research Organisation (CSIRO);

              (c)                    the Defence Science Technology Organisation (DSTO);

              (d)                   the Australian Institute of Marine Science (AIMS);

              (e)                    the Australian Nuclear Science Technology Organisation (ANSTO); or

             (f) any other institution which the Board considers to be a Commonwealth public sector research agency having regard to the following criteria:

              (i)                 it is at least 50 per cent owned by the Commonwealth;

              (ii)               it is primarily carrying out R&D activities; and

              (iii)             it is:

                      (A) providing services, or making facilities available, in relation to science or technology; or

                      (B) training, or assisting in the training of, persons in the field of scientific or technological research; or

                      (C) collecting, interpreting or publishing information relating to science or technology.

         "eligible investment" means an economic interest in an eligible company or an eligible project.

         "eligible project" means a project which satisfies the criteria developed under part 5 of this direction.

         "fund" includes a trust or other investment structure approved by the Board.

         "government sourced capital" means amounts invested in or provided to a licensed fund by:

             (a)                any person, (other than an eligible institution) who in the opinion of the Board is funded directly or indirectly by the Commonwealth, a State or Territory; or

             (b)               any person (other than an eligible institution) whom the Board considers is directly or indirectly in receipt of funding from a source or sources which is itself or which are themselves funded directly or indirectly by the Commonwealth, a State or Territory (or any combination of them) to such an extent that it is, in the opinion of the Board, appropriate to treat any amount invested in or provided to the fund by that person as government sourced capital.

         "include" "includes" and "including" are not to be interpreted as words of limitation.

         "institution" means a body corporate that is incorporated for a public purpose by:

         (a) an act of the Commonwealth; or

         (b) regulations under an act of the Commonwealth.

              "ineligible institution" means:

              (a)                 a co-operative research centre as defined in the Co-operative Research Centres Program Guidelines;

              (b)                 an institution controlled, or more than 50 per cent owned, by a state or territory government;

              (c)                 a non-profit health and medical research centre;

              (d)                 a government business enterprise; and

              (e)                 any organisation which the Board considers does not meet the criteria required to qualify as an eligible institution.

         "key personnel", in relation to a fund manager, means those individuals determined by