Document ID: chunk:federal_register_of_legislation:C2025A00009:clause:2_1:p11
Version: federal_register_of_legislation:C2025A00009
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 11/17)
Character Range: 78241–81002

subsection 419‑35(2) for any company:
 (i) was based on untrue, incorrect or incomplete information; or
 (ii) was obtained by fraud or serious misrepresentation; or
 (b) is satisfied that no company ever satisfied the requirements to be entitled to a *CMPTI tax offset in relation to the activity.
Note: This subsection can apply to a registration a company used to hold before it was transferred to the current holder.
 (5) The *Industry Secretary may decide to revoke the registration of a *registered CMPTI processing activity of a company if the Industry Secretary:
 (a) becomes satisfied that information provided by the company to the Industry Secretary during an income year in relation to the registration involved fraud or serious misrepresentation by or on behalf of the company; or
 (b) reasonably believes:
 (i) that, for an income year, the registration is not based on true, correct and complete information; or
 (ii) that the company does not satisfy the requirements to be entitled to a *CMPTI tax offset in relation to the activity and an income year.

Notice of decisions
 (6) The Industry Secretary must, within 30 days after making a decision under paragraph (3)(d) or subsection (4) or (5), give written notice of the decision to:
 (a) the company, or each company, that holds or held a registration affected by the decision; and
 (b) the Commissioner.

419‑75  Effect of revocations
 (1) If the registration of a *registered CMPTI processing activity of a company is revoked under subsection 419‑70(4), the activity is taken, for the purposes of this Division, never to have been registered for the company and any income year.
Note: This means that if an assessment of a company's income tax for an income year is made on the basis that the company is entitled to the CMPTI tax offset for the activity, the assessment will be amended to take account of the fact that the company was never entitled to the offset for the activity (see section 419‑90).
 (2) If the registration of a *registered CMPTI processing activity of a company is revoked under subsection 419‑70(1), (2) or (5), the revocation applies in relation to the income year referred to in that subsection and each later income year.
 (3) Subsection (1), or subsection (2) to the extent that it relates to a revocation under subsection 419‑70(5), does not apply for the purposes of:
 (a) the operation of section 419‑70, this section or Subdivision 419‑E; or
 (b) a review by a court or the *ART of the decision to revoke the registration.

419‑80  Industry Secretary may request further information
 (1) The *Industry Secretary may request an applicant under:
 (a) subsection 419‑35(2) (about registrations); or
 (b) subsection 419‑55(2) (about transfers); or
 (c) subsection