Document ID: chunk:federal_register_of_legislation:C2025A00009:clause:2_1:p8
Version: federal_register_of_legislation:C2025A00009
Segment Type: clause
Provision Reference: sch 2 cl 1 (pt 8/17)
Character Range: 70707–73468

the registration of the activity after the day of the acquisition.
Note 1: Transferring the registration will not re‑start the maximum 10‑year period that the activity can be registered (see subsections 419‑50(4) and (5)).
Note 2: If the disposer's registration of the activity has not come into force (for example, by the disposer not having made a choice under subsection 419‑50(2)), the acquirer should instead apply to register the activity under subsection 419‑35(2).
 (2) The *Industry Secretary must transfer the registration of the activity to the acquirer if:
 (a) the acquirer requests the transfer by applying to the Industry Secretary before the end of the period determined under subsection (3) that starts on the day of the acquisition; and
 (b) the application identifies:
 (i) the activity and each facility where the activity is to be carried on; and
 (ii) the basis on which the acquirer considers it will satisfy the requirements to be entitled to a *CMPTI tax offset in relation to the activity; and
 (c) the application states:
 (i) that the acquirer is the legal entity that is or will be carrying on the activity at those facilities (after the disposer ceases to do so); and
 (ii) the time the acquirer is to commence carrying on the activity at those facilities, and the time the disposer is to cease to do so; and
 (d) the application is in a form approved under subsection 419‑150(1); and
 (e) the Industry Secretary has no reason to believe that:
 (i) the information provided by the acquirer is not true, correct and complete; or
 (ii) the acquirer will not satisfy the requirements to be entitled to a CMPTI tax offset in relation to the activity; and
 (f) the acquirer has paid the application fee (if any) prescribed by the regulations.
 (3) The *Industry Secretary may, by legislative instrument, determine a period of at least 30 days for requesting transfers under this section. For each such request, the period starts on the day of the relevant acquisition.
 (4) The *Industry Secretary must give written notice of a decision under subsection (2) to the acquirer, the disposer and the Commissioner.
 (5) If the decision is to transfer the registration, the notice must include a certificate of registration that reflects the transfer.

419‑60  Varying a registration

Variations on application
 (1) The *Industry Secretary must decide whether to vary the registration of a *registered CMPTI processing activity of a company if:
 (a) the company applies to the Industry Secretary for a variation of the registration; and
 (b) the application is in a form approved under subsection 419‑150(1); and
 (c) the company has paid the application fee (if any) prescribed by the regulations.

Variations on the Industry Secretary's own