Document ID: chunk:federal_register_of_legislation:C2011C00519:clause:10_4:p5
Version: federal_register_of_legislation:C2011C00519
Segment Type: clause
Provision Reference: sch 10 cl 4 (pt 5/8)
Character Range: 247579–250321

days after issuing the certificate.

 (3) The notice under subsection (2) must specify:
 (a) the company's name; and
 (b) the company's address; and
 (c) the total of the company's *qualifying Australian production expenditure on the *film, as determined by the *Arts Minister under section 376‑30 or 376‑50, as the case may be; and
 (d) other matters agreed to between the *Arts Minister and the Commissioner.
The notice must be accompanied by a copy of the certificate.

 (4) If the certificate is issued under section 376‑65 (certificate for the producer offset), the *film authority must give the Commissioner notice of the issue of a certificate for a *film within 30 days after issuing the certificate.

 (5) The notice under subsection (4) must specify:
 (a) the company's name; and
 (b) the company's address; and
 (c) the total of the company's *qualifying Australian production expenditure on the *film, as determined by the *film authority under section 376‑75; and
 (d) other matters agreed to between the film authority and the Commissioner.
The notice must be accompanied by a copy of the certificate.

376‑245  Revocation of certificate

 (1) The *Arts Minister may revoke a certificate issued to a company for a *film under section 376‑20 (certificate for the location offset) or 376‑45 (certificate for the PDV offset) if:
 (a) the Minister is satisfied that the issue of the certificate was obtained by fraud or serious misrepresentation; or
 (b) the company does not provide a copy of the film to the Minister within 30 days of when the film is *completed.

 (2) If the *Arts Minister revokes a certificate under subsection (1), the Minister must give the company to whom the certificate was issued written notice of the revocation (including reasons for the decision to revoke the certificate).

 (3) The *film authority may revoke a certificate issued to a company for a *film under section 376‑65 (certificate for the producer offset) if the authority is satisfied that the issue of the certificate was obtained by fraud or serious misrepresentation.

 (4) If the *film authority revokes a certificate under subsection (3), the authority must give the company to whom the certificate was issued written notice of the revocation (including reasons for the decision to revoke the certificate).

 (5) If a certificate is revoked under subsection (1) or (3), it is taken, for the purposes of this Division, never to have been issued.

Note: This means that if an assessment of a company's income tax is issued on the basis that the company is entitled to a tax offset for a film and the certificate for the film is then revoked, the assessment will be amended to take account of the fact that the company was never entitled