Document ID: chunk:federal_register_of_legislation:C2004A04141:body:0:p4
Version: federal_register_of_legislation:C2004A04141
Segment Type: other
Provision Reference: 
Character Range: 10801–13579

designated activity for the purposes of the definition of 'designated activity' in subsection 4 (1).".

Repayment of subsidies on breach of agreement

10. Section 38 of the Principal Act is amended by adding at the end the following subsection:

"(2) This Act does not prevent the inclusion in a national procurement development program agreement with an Australian government body of provision for the repayment by that body to the Commonwealth on breach by the body of the agreement, or in any

other circumstances specified in the agreement, of the whole or a part of a subsidy paid to the body under the agreement.".

Registration of research agencies

11. Section 39f of the Principal Act is amended by inserting in subsection (9) "by notice in writing given to the applicant," before "require".

Certificate as to research and development activities

12. Section 39l of the Principal Act is amended by adding at the end the following subsection:

"(2) If the Board issues a certificate to the effect that particular activities were not or are not research and development activities, the Board must give notice in writing to the person concerned stating the reasons for issuing the certificate.".

Certificate as to core technology

13. Section 39la of the Principal Act is amended by adding at the end the following subsection:

"(2) If the Board issues a certificate to the effect that particular technology was not core technology, the Board must give notice in writing to the eligible company concerned stating the reasons for issuing the certificate.".

Joint registration

14. Section 39p of the Principal Act is amended by inserting after subsection (3) the following subsection:

"(3a) If the Board refuses to register the companies jointly, the Board must give notice in writing to the companies stating the reasons for the refusal.".

Copies of certificate to be given to persons affected

15. Section 39q of the Principal Act is amended by omitting "company" (wherever occurring) and substituting "person".

Service of notices etc.

16.     Section 39r of the Principal Act is amended by omitting "company" (wherever occurring) and substituting "person".

17.     After section 39r of the Principal Act the following sections are inserted:

Internal review of decisions

"39s. (1) This section applies to a decision of the Board under subsection 39F (4), (6), (7) or (9), section 39j, 39l or 39la or subsection 39p (3).

"(2) A person who is affected by a decision of the Board may, if dissatisfied with the decision, by notice given to the Board:

     (a) within the period of 21 days after receiving notice of the decision; or

(b) within such further period as the Board allows; request the Board to reconsider the decision.

  "(3) The request must set out