Document ID: chunk:federal_register_of_legislation:F2023L00992:clause:2_8:p1
Version: federal_register_of_legislation:F2023L00992
Segment Type: clause
Provision Reference: sch 2 cl 8 (pt 1/2)
Character Range: 7425–10155

8  Board to consider application for certificate if requested
 (1) If the Arts Minister asks the Board to advise in relation to an application for a certificate, the Board must:
 (a) consider the application; and
 (b) advise the Arts Minister, as requested and in accordance with section 10.
 (2) For paragraph (1)(a), in considering the application, the Board:
 (a) may seek information or advice from any person or source; and
 (b) may take into account the knowledge and experience of its members; and
 (c) may ask an independent expert to provide a written report to the Board about any matter that is relevant to whether a condition set out in subsection 378-25(7) of the Act has been met in relation to the application; and
                         (d)  must consider the following information:
 (i) the application and its accompanying information and documents;
 (ii) any written report requested by the Board under paragraph (2)(c);
 (iii) any comment or submission made by the applicant, in response to an opportunity given under subsection (4) or (5), that is provided within the period specified in subsection (6) or within the period as extended under subsection (8);
 (iv) any additional information provided by the applicant in response to a request under subsection (8);
 (v) any other information or advice obtained by the Board that it considers relevant.
(3)  A report under paragraph (2)(c) may also include advice about any of the following matters:
 (a) whether specific items claimed in the applicant's expenditure statement are reasonably attributable to the estimated qualifying Australian development expenditure on the digital game;
 (b) whether the applicant is an appropriate entity to apply for the certificate in relation to a particular digital game;
 (c) whether the digital game for which the applicant is applying for a certificate meets the criteria of a 'digital game' under section 378-20 of the Act.
 (4) If the Board intends to use information or advice from a third party to support advice to the Arts Minister, the Board must give the applicant an opportunity to make a written submission to the Board on the substance of that information or advice.
 (5) If the Board asks an independent expert to provide the Board with a written report under subsection (3), the Board must:
 (a) give a copy of the report to the applicant to whom it relates as soon as practicable; and
 (b) give the applicant an opportunity to make a written submission to the Board in response to the report.
 (6) Subject to subsections (7) and (8), if the applicant is provided with an opportunity to comment or to make a written submission under subsection (4) or (5), the applicant has 28 days to do so from the day