Document ID: chunk:federal_register_of_legislation:F2022L00434:body:0:p8
Version: federal_register_of_legislation:F2022L00434
Segment Type: other
Provision Reference: 
Character Range: 18183–20172

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 for review of a reviewable decision may be made under subsection 30C(3) of the Act; or
          (b)      while a reviewable decision is the subject of internal review under section 30D of the Act; or
          (c)      while a reviewable decision is the subject of external review under section 30E of the Act.

5.3 When a variation is justified

       A variation of an R&D entity's registration is justified if any of the following circumstances applies the:
          (a)      application seeks removal of all or part of an activity from the entity's registration;
          (b)       application involves a change of the time when an activity occurred (without increasing the time during which an activity occurred) or reducing the length of time during which an activity occurred;
          (c)       application seeks to reclassify all or part of an activity from a core R&D activity to a supporting R&D activity or vice versa;
          (d)      entity applies only to make minor amendments to correct information provided in the application for registration.
       Example for paragraph (d)
       Change of address or number of researchers.

5.4 Decision not to vary

        (1) The Board may decide not to make a variation to an R&D entity's registration if the:
          (a)      R&D entity applies for the variation after the Board commences examination of the entity's registration for the purpose of making a finding under section 27J of the Act; and
          (b)      Board considers it appropriate in the circumstances of the case to make the finding under section 27J of the Act before considering the application for variation.
        (2) Subsection (1) does not apply to a variation mentioned in paragraph 5.3(d).