Commonwealth Numbered Regulations

AUTOMOTIVE TRANSFORMATION SCHEME REGULATIONS 2010 (SLI NO 82 OF 2010)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

           Division 1.1--Introduction

   1.1.    Name of Regulations  
   1.2.    Commencement  
   1.3.    Establishment of Automotive Transformation Scheme  
   1.4.    Overview of Scheme  
   1.5.    Definitions  
   1.6.    Meaning of production of goods and provision of services in Australia  
   1.7.    Meaning of automotive component  
   1.8.    Meaning of automotive machine tools  
   1.9.    Meaning of automotive services  
   1.10.   Meaning of automotive tooling  
   1.11.   Where sale of goods or services is taken to occur  
   1.12.   Where sale of goods or services is taken not to occur  
   1.13.   Circumstances in which components, tools or tooling are taken to be for MVP's own use  
   1.14.   Circumstances in which services are taken to be for MVP's own use  

           Division 1.2--Eligible investment and eligible production

              Subdivision 1.2.1--Outline of Division

   1.15.   Outline of what eligible investment is  
   1.16.   Outline of what eligible production is  

              Subdivision 1.2.2--Eligible investment

   1.17.   Allowable plant and equipment  
   1.18.   Maximum claimable value for allowable plant and equipment for MVP  
   1.19.   Maximum claimable value for allowable plant and equipment for ACP, AMTP and ASP  
   1.20.   Allowable research and development  
   1.21.   Maximum claimable value for allowable research and development for MVP  
   1.22.   Maximum claimable value for allowable research and development for ACP, AMTP or ASP  
   1.23.   Meaning of labour costs and costs of training and development  

              Subdivision 1.2.3--Eligible production

   1.24.   Allowable production for MVP  
   1.25.   Maximum claimable value for allowable production for MVP  

           Division 1.3--Determining eligible investments and value of arm's length transactions

              Subdivision 1.3.1--Determining when investment is eligible investment

   1.26.   When investment is taken to have occurred  
   1.27.   Sale of eligible investment by ATS participant  

              Subdivision 1.3.2--Arm's length transactions

   1.28.   Production value, sales value or investment determined as if transaction at arm's length  
   1.29.   Determining the circumstances when parties treated as not being at arm's length  
   1.30.   Production value or sales value when parties treated as not being at arm's length  
   1.31.   Value of investment in research and development when parties treated as not being at arm's length  
   1.32.   Value of investment in plant and equipment when parties treated as not being at arm's length  
   1.33.   Methods for determining value of transactions when parties treated as not being at arm's length  

   PART 2--REGISTRATION UNDER SCHEME

           Division 2.1--Rules about registration

   2.1.    Rules about number of registrations a person may have under Scheme  
   2.2.    Rule about registrations under Scheme needing to further object of Act  
   2.3.    Rule about effect of further applications for registration on existing registrations  

           Division 2.2--Applications for registration

   2.4.    Application for MVP registration  
   2.5.    Application for ACP registration  
   2.6.    Application for AMTP registration  
   2.7.    Application for ASP registration  
   2.8.    Ministerial permission to apply for registration in national interest  

           Division 2.3--Participation in Scheme by groups of companies

   2.9.    Certain groups of companies may seek permission to apply for registration as single entity  
   2.10.   Dealing with application for permission by group of related bodies corporate  
   2.11.   Legal status of a group permitted to make application for registration  

           Division 2.4--Formal requirements for, and consideration of, applications for registration

   2.12.   Content of application for registration  
   2.13.   Lodgement of applications  
   2.14.   When to apply  
   2.15.   Consideration of registration applications  
   2.16.   Fit and proper person  
   2.17.   Secretary may seek further information  
   2.18.   Period of effect of registration  
   2.19.   Registration does not confer entitlement  

           Division 2.5--Conditions of registration

   2.20.   General compliance  
   2.21.   Condition of MVP registration  
   2.22.   Condition of ACP registration  
   2.23.   Condition of AMTP registration  
   2.24.   Condition of ASP registration  
   2.25.   Ministerial permission to continue registration in national interest  
   2.26.   Document retention obligations  
   2.27.   Update of business plan  

           Division 2.6--Deregistration

   2.28.   Deregistration  

           Division 2.7--Transfer of registration and investment

              Subdivision 2.7.1--Transfer of registration

   2.30.   Transfer of registration on transfer of business  
   2.31.   Secretary may seek further information  
   2.32.   Effect of transfer of registration  

              Subdivision 2.7.2--Transfer of investment

   2.34.   When investment undertaken by a person may be treated as investment undertaken by another person who is an ATS participant  
   2.35.   When deemed investment is taken to have occurred  

   PART 3--PAYMENTS UNDER THE SCHEME

           Division 3.1--Making of quarterly returns

   3.1.    ATS participants to make quarterly returns  
   3.2.    Making quarterly return does not confer entitlement  
   3.3.    Contents of MVPs' returns  
   3.4.    Contents of ACPs' returns  
   3.5.    Contents of AMTPs' returns  
   3.6.    Contents of ASPs' returns  
   3.7.    Rules concerning returns  
   3.8.    Further information about quarterly return  

           Division 3.2--Caps on Scheme and ATS participants

   3.9.    Capped assistance for ATS years  
   3.10.   Capped assistance divided between MVPs and others  
   3.11.   Sales-based cap for payment of assistance  

           Division 3.3--Making of payments of assistance

   3.12.   Ministerial Order for working out payments of assistance for ATS participants  
   3.13.   Quarterly payments  
   3.14.   Inalienability of payments  
   3.15.   Condition of payment of assistance  

           Division 3.4--Entitlement to assistance

   3.16.   Persons not entitled to certain assistance  

   PART 4--RECOVERY OF OVERPAYMENTS

   4.1.    Scheme debt  
   4.2.    Recovery by offsetting  
   4.3.    Secretary to issue notice  
   4.4.    Interest payable on Scheme debt  
   4.5.    Extension of time for payment of Scheme debt  
   4.6.    Recovery from person who owes money to ATS participant  

   PART 5--ADMINISTRATIVE REVIEW OF DECISIONS

   5.2.    Reconsideration by Secretary  
   5.3.    Review of decisions affecting payment of assistance  
   5.4.    Limitations on implementation of court decisions concerning payment of assistance  
   5.5.    Limitations on implementation of AAT decisions concerning payment of assistance  
   5.6.    Review of other decisions  

   PART 6--MISCELLANEOUS

   6.1.    Approved forms  
   6.2.    Appointment of authorised officers  
   6.3.    Identity cards for authorised officers  
   6.4.    Ongoing obligation to maintain records  
   6.5.    Publication of information relating to ATS participants  
   6.6.    Annual report  
   6.7.    Ministerial Order for reporting progress on meeting object of Act  

   PART 7--TRANSITIONAL ARRANGEMENTS

   7.1.    Application  
   7.2.    Registration as ATS participant  
   7.3.    Recognition of eligible investments