Document ID: chunk:federal_register_of_legislation:C2010C00679:section:1953:p3
Version: federal_register_of_legislation:C2010C00679
Segment Type: section
Provision Reference: s 1953 (pt 3/14)
Character Range: 143214–146053

to obtain
finance (whether by way of renewal or otherwise) in connection with those
activities; or
  (b) of enabling the company, or an associate of the company, to obtain an
extension of the period for which finance was obtained in connection with
those activities under an earlier scheme;
  'ineligible finance scheme' means a finance scheme that is taken to be an
ineligible finance scheme under the finance scheme guidelines;
  'scheme' means:
  (a) an agreement, arrangement, understanding, promise or undertaking,
whether express or implied and whether or not enforceable, or intended to be
enforceable, by legal proceedings; and
  (b) a scheme, plan, proposal, action, course of action or course of
conduct.".

TAXATION LAWS AMENDMENT ACT (No. 5) 1992 No. 224 of 1992
- SECT 1OO

  100. After section 39E of the Principal Act the following section is
inserted:
Finance scheme guidelines
  "39EA.(1) The Board must, as soon as practicable (and, in any event, within
90 days) afler the commencement of this section, formulate written guidelines
to enable eligible companies to ascertain whether finance schemes in relation
to research and development activities carried on, or proposed to be carried
on, by eligible companies will be taken to be ineligible finance schemes for
the purposes of this Part.
  "(2) The Board must cause the finance scheme guidelines to be:
  (a) published in the Gazette; and
  (b) made available on request, without charge, to any eligible company.
  "(3) In making finance scheme guidelines about a particular kind of scheme,
the matters to which the Board is to have regard include, but are not limited
to:
  (a) the manner in which the scheme was entered into or carried out; and
  (b) the form and substance of the scheme; and
  (c) matters relating to the research and development activities to which the
scheme relates; and
  (d) the likelihood that section 73CB of the Income Tax Assessment Act 1936
will apply to expenditure incurred in connection with the research and
development activities to which the scheme relates.
  "(4) The finance scheme guidelines may confer functions and powers on the
Board.
  "(5) The first finance scheme guidelines may be expressed to apply to
schemes entered into or carried out before the commencement of this section.
  "(6) An instrument formulating finance scheme guidelines is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation Act
1901.".

TAXATION LAWS AMENDMENT ACT (No. 5) 1992 No. 224 of 1992
- SECT 101

  101. After section 39M of the Principal Act the following section is
inserted:
Certificate about ineligible finance schemes
  "39MA.(1) If:
  (a) expenditure has been incurred in connection with particular research and
development activities by a company registered under section 39J or 39P; and
  (b) the Board