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INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986 - SECT 27B

Findings about applications for registration

  (1)   The Board may make one or more findings to the following effect when considering an R&D entity's application for the purposes of subsection   27A(1):

  (a)   that all or part of an activity mentioned in the application was a core R&D activity conducted during the income year;

  (b)   that all or part of an activity mentioned in the application was not an activity of a kind covered by paragraph   (a);

  (c)   that all or part of an activity mentioned in the application was a supporting R&D activity conducted:

  (i)   during the income year; and

  (ii)   in relation to one or more specified core R&D activities for which the entity has been or could be registered under section   27A for an income year;

  (d)   that all or part of an activity mentioned in the application was not an activity of a kind covered by paragraph   (c).

Note 1:   A finding is reviewable (see Division   5).

Note 2:   The Board could make a finding under paragraph   (b) if, for example, the Board has insufficient information to make a finding under paragraph   (a). Similarly, the Board could make a finding under paragraph   (d) if it has insufficient information to make a finding under paragraph   (c).

Note 3:   The Board may also make findings after registration (see subsection   27J(1)).

  (2)   If the Board makes a finding under subsection   (1) in relation to the R&D entity's application, the Board may specify in the finding the times to which the finding relates.

Example:   A finding under paragraph   (1)(a) could specify the times during the income year that an activity was a core R&D activity.

  (3)   This section has effect subject to section   32B (findings cannot be inconsistent with any earlier findings).



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