Document ID: chunk:federal_register_of_legislation:C2010C00180:clause:1_9
Version: federal_register_of_legislation:C2010C00180
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 3714–5316

9  The CEO of Austrade must decide whether person meets Australian net benefit requirements

Application made in applicant's own right

 (1) If:
 (a) a person has applied for a grant in respect of a grant year; and
 (b) the applicant is neither an approved body nor an approved trading house; and
 (c) the application is made in the applicant's own right; and
 (d) the applicant is a grantee in respect of 2 or more previous grant years; and
 (e) the application sets out a statement that the applicant chooses grants option B in relation to the grant year;
the CEO of Austrade must decide whether the applicant meets the Australian net benefit requirements in relation to the grant year.

Note: The Australian net benefit requirements are the requirements determined under section 10.

Application made in applicant's capacity as trustee

 (2) If:
 (a) a person has applied for a grant in respect of a grant year; and
 (b) the applicant is neither an approved body nor an approved trading house; and
 (c) the application is made in the applicant's capacity as trustee of a trust estate; and
 (d) the applicant is a grantee in respect of 2 or more previous grant years; and
 (e) the application sets out a statement that the applicant chooses, in the applicant's capacity as trustee of the trust estate, grants option B in relation to the grant year;
the CEO of Austrade must decide whether the applicant, in that capacity, meets the Australian net benefit requirements in relation to the grant year.

Note: The Australian net benefit requirements are the requirements determined under section 10.