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Industry Research and Development Amendment Act 1995

No. 84 of 1995

CONTENTS

Section
       1. Short title
       2. Commencement
       3. Schedule
       4. Validation of certain guidelines and criteria
       5. Saving of rights of action for adverse decisions or acts etc.

SCHEDULE

AMENDMENTS OF THE INDUSTRY RESEARCH AND DEVELOPMENT
ACT 1986

Industry Research and Development Amendment Act 1995

No. 84 of 1995

An Act to amend the Industry Research and Development Act 1986, and for related purposes

[Assented to 1 July 1995]

The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Industry Research and Development Amendment Act 1995.

Commencement

2.(1) Subject to subsections (2), (3) and (4), this Act commences on the day on which it receives the Royal Assent.

(2) Items 3, 4, 10 and 11 of the Schedule are taken to have commenced on 1 July 1988.

(3) Items 5, 6, 12 and 13 of the Schedule are taken to have commenced on 24 December 1992.

(4) Items 7 and 8 of the Schedule are taken to have commenced on 19 December 1994.

Schedule

3. The Industry Research and Development Act 1986 is amended as set out in the Schedule.

Validation of certain guidelines and criteria

4.(1) This section applies:

    (a) to guidelines made under section 39E, 39EA or 39HB of the Industry Research and Development Act 1986; and

    (b) to criteria made under section 39F of that Act;

at any time before the commencement of this section.

(2) Guidelines and criteria to which this section applies are taken:

    (a) to have been, at all times after their making; and

    (b) subject to their repeal, replacement, or amendment, by later guidelines or criteria, to continue to be;

valid guidelines and criteria.

(3) For the purposes of subsection (2), later guidelines or criteria include guidelines or criteria to which this section applies whose validity is itself dependent upon the operation of subsection (2).

(4) If guidelines or criteria to which this section applies are taken to have been, and to continue to be, valid guidelines or criteria, either as originally made, or as amended by later guidelines or criteria, any decision of the Industry Research and Development Board:

    (a) made in reliance on those guidelines or criteria; or

    (b) taking those guidelines or criteria into account;

is taken, to the extent that it is made in reliance on those guidelines or criteria or takes them into account, to have been, and to continue to be, a valid decision of the Board.

(5) Any act or thing done by any person or body:

    (a) in reliance on:

        (i) guidelines or criteria to which this section applies; or

        (ii) a decision referred to in subsection (4) made