Document ID: chunk:federal_register_of_legislation:C2024C00617:body:0:p14
Version: federal_register_of_legislation:C2024C00617
Segment Type: other
Provision Reference: 
Character Range: 35959–38903

the request, the notice must also include a statement of its reasons for its decision.
 (10) A failure to comply with subsection (8) or (9) does not affect the validity of the decision.

13‑20  Deciding whether investment plans are appropriate
 (1) In deciding, for the purposes of paragraph 13‑1(1A)(c) or subsection 13‑15(5), whether it is satisfied that a partnership's investment plan, or a replacement for a partnership's *approved investment plan, is appropriate, *Industry Innovation and Science Australia must take into account the extent to which the partnership focuses on early stage venture capital, having regard to:
 (a) the stages of development of the entities in which the partnership proposes to invest; and
 (b) the levels of cash flow of those entities; and
 (c) the levels of technology of those entities; and
 (d) the proportions of intellectual property to total assets of those entities; and
 (e) the levels of risk and return of those entities; and
 (f) the amount of tangible assets and collateral of those entities against which borrowings may be secured; and
 (g) the requirements of this Act relating to an *ESVCLP making and holding investments; and
 (h) whether the partnership's *committed capital can only be used in relation to early stage venture capital, and whether it can be transferred to other entities; and
 (i) whether the investment plan is connected with other plans for investment that, if combined with the investment plan, would lead to the partnership exceeding the limit on *committed capital under subparagraph 9‑3(1)(d)(ii); and
 (j) any additional matters specified in guidelines made under subsection (2).
 (2) *Industry Innovation and Science Australia may, by legislative instrument, make guidelines specifying additional matters that it must take into account in deciding, for the purposes of paragraph 13‑1(1A)(c) or subsection 13‑15(5), whether it is satisfied that:
 (a) a partnership's investment plan is appropriate; or
 (b) a replacement for a partnership's *approved investment plan is appropriate;
as the case requires.
 (3) This section does not limit the matters that *Industry Innovation and Science Australia may take into account in deciding, for the purposes of paragraph 13‑1(1A)(c) or subsection 13‑15(5), whether it is satisfied that:
 (a) a partnership's investment plan is appropriate; or
 (b) a replacement for a partnership's *approved investment plan is appropriate;
as the case requires.

Division 15—Obligations while registered

Table of sections
15‑1 Annual return
15‑5 Determination of further information to be included in returns
15‑10 Quarterly returns
15‑15 Further information may be requested
15‑17 Annual reports for ESVCLPs
15‑20 Other information may be requested

15‑1  Annual return
  A *general partner of a partnership registered under this Part as a *VCLP, an *ESVCLP or an *AFOF must, within 3 months after the end of each *financial year, give