Document ID: chunk:federal_register_of_legislation:F2022L00434:body:0:p7
Version: federal_register_of_legislation:F2022L00434
Segment Type: other
Provision Reference: 
Character Range: 15641–18432

satisfied that the R&D entity has shown that the entity has, when making the application for the finding about an activity, investigated the state of the art in relation to the field relevant to the activity.

4.4 Refusal to make finding about activities to be conducted outside Australia

       In addition to the matters listed in subsection 4.2(1), for a decision under paragraph 28C(1)(c) of the Act, a refusal to make a finding about all or part of an activity is justified if the:
          (a)      R&D entity does not provide evidence or an independent opinion that the activity cannot be conducted solely in Australia; or
          (b)       Board is not satisfied that the R&D entity's estimate of the total actual and reasonably anticipated expenditure on the activity for the purposes of subsection 28D(5) of the Act is a reasonable estimate.

4.5 When refusal to make finding is not justified

        (1) If:
          (a)      a refusal to make a finding is otherwise justified under sections 4.2 to 4.4; and
          (b)      the Board considers that the interested person may be able to quickly resolve the problem leading to the circumstances that the Board would rely on to refuse to make the finding;
       the Board must ask the interested person if the person can resolve the problem quickly.
        (2) If the interested person quickly resolves the problem in a manner that satisfies the Board that the circumstances no longer exist, a refusal to make the finding is not justified.
       Example
       A person makes an application for a finding, but the application does not contain all the information required by the form. Under paragraph 4.2(1)(e), the Board could refuse to make a finding. However, when contacted by the Board, the person is immediately able to provide the missing information in a manner that satisfies the Board.

Part 5 Principles applying to decisions about variation of registration

5.1 Application

        (1) The principles set out in this Part apply to a decision made under paragraph 27M(1)(c) of the Act.
        (2) Making a variation of a registration is justified only if the registration is varied in accordance with this Part.

5.2 When a variation of registration may be made

        (1) The Board may make a variation of an R&D entity's registration under section 27A of the Act for an income year within 10 months after the end of the income year.
        (2) After the period mentioned in subsection (1), the Board may make a variation of an R&D entity's registration only if it is justified under section 5.3.
        (3) Except as provided in paragraph 5.3(d), the Board must not make a variation of an R&D entity's registration under section 27A of the Act:
          (a)      during the period that an application