Commonwealth Numbered Acts

DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 No. 99 of 1992 - SECT 14

14.(1) For the purposes of this Act, 2 or more companies who are members of a
company group may elect that the aggregate of 2 or more specified projects
carried out individually by the companies is to be treated as a company group
project scheme. Example:
    company A's        company B's           company group

    project        +   project            =  project scheme
(Productive facilities must pass the vertical integration test)

(2) The election has no effect unless either:

   (a)  both:
    (i)   each of the individual projects consists of the
establishment of one or more new productive facilities in Australia; and

        (ii)   all of the productive facilities to which the individual
               projects relate pass the vertical integration test; or

   (b)  both:

        (i)    each of the individual projects consists of the expansion,
               improvement or upgrading of one or more existing productive
               facilities in Australia; and
    (ii)   all of the productive facilities to which the
individual projects relate pass the vertical integration test. (Membership of
company group)

(3) For the purposes of this Act, 2 or more companies are members of a company
group if, and only if, each of the companies is a group company in relation to
each of the other companies. (Form of election)

(4) The election:

   (a)  is to be given to the DAA; and

   (b)  must be in writing in the approved form. (Election is irrevocable)

(5) The election is irrevocable, but this subsection does not prevent the DAA
from:

   (a)  granting an application under Part 5 for a variation of a scheme; or

   (b)  granting an application under Division 1 of Part 6 for transfer of the
        benefits of a registration or certificate relating to a project which
        forms part of a scheme.