Document ID: chunk:federal_register_of_legislation:C2010C00685:clause:3_1:p5
Version: federal_register_of_legislation:C2010C00685
Segment Type: clause
Provision Reference: sch 3 cl 1 (pt 5/9)
Character Range: 75286–78122

396‑70 Minister for Transport and Regional Development to consider applications
396‑75 Selection criteria
396‑80 Land transport facilities borrowings agreements
396‑85 Conditions to be in all agreements
396‑90 Variation of agreements

[This is the end of the Guide.]

Operative provisions

396‑60  Applications

 (1) An entity that wants to be approved as a borrower in relation to a particular project must give a written application to the Commissioner.

 (2) The application must be in a form approved in writing by the Commissioner and must contain all information that is required for proper completion of the form.

Electronic applications

 (3) An approval by the Commissioner of a form of application may require or permit the application to be given on a specified kind of data processing device, or by way of electronic transmission, in accordance with specified software requirements.

396‑65  Minister or Commissioner may seek more information

 (1) The Minister for Transport and Regional Development or the Commissioner may, in writing, ask an applicant to provide additional information for the purpose of determining the applicant's application.

 (2) The Minister for Transport and Regional Development does not have to consider, or further consider, the application until the additional information has been provided.

396‑70  Minister for Transport and Regional Development to consider applications

 (1) The Minister for Transport and Regional Development is to consider applications and to decide:
 (a) whether to approve the borrower and the project; and
 (b) if so, whether to set a maximum amount of *tax offsets for the project for each income year covered by the approval.

 (2) A decision to approve a borrower and a project must be in writing and must specify:
 (a) the borrower; and
 (b) the project; and
 (c) the income years covered by the approval; and
 (d) if a maximum amount of *tax offsets for the project for each income year covered by the approval is set—the maximum amount for each income year.
The amount may be different for different years.

 (3) The decision may include conditions to which the approval is subject.

 (4) The approval must not cover an income year that starts more than 5 years after the first *borrowing is made in respect of the project.

 (5) In making a decision under paragraphs (1)(a) and (1)(b), the Minister for Transport and Regional Development must attempt to ensure that the maximum net cost referred to in section 396‑20 for any income year will not be exceeded.

 (6) For the purposes of subsection (5), where no maximum amount is specified in relation to a project, the Minister for Transport and Regional Development is to take account of the expected amount of tax offsets for that project.

 (7) The Minister for Transport and Regional Development does