Commonwealth Numbered Acts

INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986 No. 89 of 1986 - SECT 42

42. (1) Subject to sub-section (2), the Board may, in its discretion,
authorise the payment to a researcher of an advance in respect of a subsidy
that may become payable to the researcher.

(2) The Board shall not authorise the payment to a researcher under
sub-section (1) of an amount in respect of a subsidy in an amount that exceeds
the amount that, in the opinion of the Board, would be the amount of the
subsidy payable to the researcher in respect of expenditure to be incurred by
the researcher during the 3 months immediately following the authorisation of
the payment of the amount.

(3) Where the Board has authorised a payment to a researcher under sub-section
(1) in relation to a project, the Board may terminate the authorisation or
reduce the amount of the payments authorised if, in the opinion of the Board,
the project, or expenditure on the project, is not progressing to the extent
estimated by the Board when the authorisation was given.

(4) Where an advance has been made to a researcher in pursuance of sub-section
(1) in respect of a subsidy, the researcher is liable, if the subsidy does not
become payable or the amount of the subsidy is less than the advance, to repay
to the Commonwealth, upon demand being made by the Board, the amount of the
advance or so much of the advance as exceeds the amount of the subsidy, as the
case may be.

(5) Where a researcher is liable to repay an amount to the Commonwealth under
sub-section (4), the Commonwealth may recover that amount as a debt due to the
Commonwealth by action in a court of competent jurisdiction.

(6) Where a researcher is liable to repay an amount to the Commonwealth under
sub-section (4), that amount may be deducted from any other amount that is
payable to the researcher under this Act and, where the first-mentioned amount
is so deducted, the other amount shall, notwithstanding the deduction, be
deemed to have been paid in full to the researcher.