Commonwealth Numbered Acts

DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 No. 99 of 1992 - SECT 31

31. The DAA must grant an application for registration of plant expenditure
incurred, or proposed to be incurred, by the applicant in carrying out a
project in Australia if the DAA is satisfied that:

   (a)  in the case of plant expenditure which the applicant claims to have
        incurred in carrying out the project - the plant expenditure has been
        incurred by the applicant in carrying out the project; and

   (b)  in the case of plant expenditure which the applicant claims to propose
        to incur in carrying out the project - the proposal is genuine; and

   (c)  the project is a post-26 February 1992 project; and

   (d)  no part of the plant expenditure fails the basic eligibility test; and

   (e)  either:
    (i)   a substantial commitment to the completion of the
project has occurred before 1 January 1993; or

        (ii)   it is reasonably likely that a substantial commitment to the
               completion of the project will occur before 1 July 1996; and

   (f)  either:
    (i)   the plant expenditure has passed the $50 million
threshold test; or

        (ii)   it is reasonably likely that the plant expenditure will pass
               the $50 million threshold test; and

   (g)  either:
    (i)   the applicant has completed the carrying out of
the project; or

        (ii)   having regard to:

                (A)  the financial capacity of the applicant; and

                (B)  such other matters as the DAA considers relevant; it is
                     reasonably likely that the applicant will complete the
                     carrying out of the project; and

   (h)  if the project is part of a joint venture project - either:
    (i)   the parties to the joint venture have completed
the carrying out of the joint venture project; or

        (ii)   having regard to:

                (A)  the financial capacity of the parties to the joint
                     venture; and

                (B)  such other matters as the DAA considers relevant; it is
                     reasonably likely that the parties to the joint venture
                     will complete the carrying out of the
                     joint venture project; and
   (i)   if the project is part of a company group project
scheme - either:
    (i)   the other member or members of the company group
have completed the carrying out of the other project or projects to which the
scheme relates; or

        (ii)   having regard to:

                (A)  the financial capacity of the other member or members of
                     the company group; and

                (B)  such other matters as the DAA considers relevant; it is
                     reasonably likely that the other member or members of the
                     company group will complete the carrying out of the other
                     project or projects to which the scheme relates; and

   (j)  the plant expenditure has passed the prospective deduction test.