Commonwealth Consolidated Acts

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PRIMARY INDUSTRIES RESEARCH AND DEVELOPMENT ACT 1989 - SECT 39

Treatment of amounts received, after levies redirected, as a result of earlier expenditure

  (1)   Where:

  (a)   a levy becomes attached to an R&D Corporation; and

  (b)   immediately before becoming so attached, the levy was attached to another R&D Corporation (in this subsection called the other Corporation ); and

  (c)   after the levy becomes so attached, the other Corporation receives an amount:

  (i)   from the sale of property paid for; or

  (ii)   from the sale of property produced, or from dealing with patents in respect of inventions made, in the course of carrying out an R&D activity; or

  (iii)   in respect of work paid for;

    by the spending of money under section   33 in connection with research and development relating to the primary industry or class of primary industries to which the levy relates;

the other Corporation must pay the amount to the first - mentioned Corporation.

  (3)   Where 2 R&D Corporations are unable to agree on:

  (a)   whether one of them is required to pay money to the other under this section; or

  (b)   the amount of money that one of them is required to pay to the other under this section;

the amount (if any) that is required to be paid is an amount determined by the Minister.



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