Document ID: chunk:federal_register_of_legislation:F2022L00356:front:0:p4
Version: federal_register_of_legislation:F2022L00356
Segment Type: other
Provision Reference: 
Character Range: 8080–10757

being, conducted.

2.04  Certificate for finding about whether technology is core technology
  For the purposes of paragraph 28F(3)(e) of the Act, a certificate for a finding about whether technology is core technology under subsection 28E(1) of the Act must set out the following matters:
 (a) the name of the R&D entity to which the finding relates;
 (b) the ABN, ACN or ARBN of the R&D entity;
 (c) if the R&D entity is the head company of a consolidated group or MEC group—details of the subsidiary member of the consolidated group or MEC group that is using, or will use, the technology.

Part 3—Research service providers

3.01  Criteria for registration of research service provider
 (1) For the purposes of subsection 29A(2) of the Act, this section specifies the criteria that the Board must be satisfied an entity meets to be registered as a research service provider.
 (2) The entity must:
 (a) be able to provide services in the research fields for which the entity has applied to be registered; and
 (b) if the entity will subcontract the provision of any part of the services to another entity—be able to:
 (i) manage the subcontracting of those services; and
 (ii) understand and explain, to the R&D entity to which those services are being provided, the results of the services provided by the subcontractor; and
 (c) show an intention to provide the services to bodies corporate that are not related bodies corporate (within the meaning given by section 50 of the Corporations Act 2001) of the entity.
 (3) If the entity charges fees or other charges for providing services in the research fields for which the entity has applied to be registered:
 (a) the fees and charges must be based on ordinary commercial terms; or
 (b) the fees and charges:
 (i) must not be subsidised by government resources; and
 (ii) must not be inflated to exploit the tax incentive for R&D activities.
 (4) If the entity is not an entity mentioned in subsection (6) or (7), the entity must:
 (a) have access to facilities in Australia:
 (i) that are appropriate to the research fields for which the entity has applied to be registered; and
 (ii) that are suitable for researchers to carry out work in those fields; and
 (b) meet the requirement, or be able in the near future to meet the requirement, of subsection (5).
Example: An entity is able to meet the requirement of subsection (5) in the near future if, after the resignation of one of the entity's 5 full‑time researchers, the entity immediately undertakes a recruitment process to fill the researcher position.
 (5) For the purposes of paragraph (4)(b), the requirement is that the entity employs in Australia at least: