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ACIS ADMINISTRATION REGULATIONS 2000 2000 NO. 243
EXPLANATORY STATEMENTStatutory Rules 2000 No. 243
Issued by the Authority of the Minister for Industry, Science and Resources
ACIS Administration Act 1999
ACIS Administration Regulations 2000
The ACIS Administration Act 1P99 (the Act) establishes the Automotive Competitiveness and Investment Scheme (ACIS) to promote competitiveness and encourage investment in the Australian automotive industry, and for related purposes. ACIS rewards eligible activity by registered participants in the form of duty credits which can be used to acquit a Customs duty liability on eligible imports, or can be sold.
Section 116 of the Act provides', that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The purpose of these Regulations is to set out key definitions required by the Act to determine 4activity which is eligible for ACIS benefits. The regulations also set out certain processes to be followed in order to obtain those benefits.
The regulations are based on extensive consultation between the Government and the key industry stakeholders and will facilitate the administration of the scheme.
The regulations specify definitions for:
* Approved plant and equipment (Regulation 4)
* Approved research and development (Regulation 5)
* Automotive components, tools, tooling and services (Regulations 6 to 9)
* Production value (Regulations 10, 11 & 14)
* Where a sale has or has not occurred (Regulations 12 & 13)
The regulations also set out administrative procedures relating to registration, quarterly returns and transfer of credits, amongst other things.
Details of the Regulations are set out in the Attachment.
The Regulations commenced on gazettal, to provide the industry with the greatest possible information before the scheme start date of 1 January 2001.
Attachment A
Notes on Regulations
Regulation 1 Name of Regulations
This Regulation specifies the name of the Regulations as the ACIS Administration Regulations 2000.
Regulation 2 Commencement
This Regulation specifies that the ACIS Administration Regulations 2000 commence on 1 September 2000.
Regulation 3 Definitions
This Regulation sets out the meaning of specific terms used within the Regulations.
Regulation 4 Approved plant and equipment
This Regulation sets out the types of plant and equipment that are approved, for the first stage in calculating benefits for participants under sections 43, 44, 46, 48 and 50 of the ACIS Administration Act 1999 ('the Act').
Regulation 5 Approved research and development
This Regulation sets out the types of research and development that are approved for the first stage in calculating benefits for participants under sections 45, 47, 49 and 51 of the Act.
Regulation 6 Automotive component
This Regulation describes classes of products which are not automotive components for the purposes of the Act. This definition works in conjunction with the definition in the Act to clarify the eligibility criteria for registration as an automotive component producer (ACP), as well as clarifying the types of activities for which an ACP can claim benefits.
Hides or leather used, or intended to be used, in motor vehicles are specifically excluded from the definition of automotive component. This is in accordance with an international settlement. Hide or leather (e.g. cut leather pieces) as a component in itself is excluded, but components that are made out of leather, such as seats or steering wheels, are not excluded.
Regulation 7 Automotive machine tooling
This Regulation defines automotive machine tooling for the purposes of the Act. This definition clarifies who is eligible to apply for registration under ACIS as an automotive machine tooling producer (AMTP), as well as the types of activities for which an AMTP can claim benefits.
Regulation 8 Automotive machine tools
This Regulation defines automotive machine tools for the purposes of the Act. This definition clarifies who is eligible to apply for registration under ACIS as an automotive machine tool producer (AMTP), as well as the types of activities for which an AMTP can claim benefits.
Regulation 9 Automotive services
This Regulation defines automotive services for the purposes of the Act. This definition clarifies who is eligible to apply for registration under ACIS as an automotive service provider (ASP), as well as the types of activities for which an ASP can claim benefits.
Regulation 10 Production value for an MVP
This Regulation sets out the method for determining the value of production of motor vehicles, engine and engine components for the purposes of calculating unmodulated capped and uncapped production credits for motor vehicle producers.
Regulation 11 Production value for an ACP, AMTP or ASP
This Regulation defines production value for the purposes of determining ongoing eligibility for registration under ACIS as an ACP, AMTP or ASP.
Regulation 12 Where sale of goods or services is taken to occur
This Regulation defines circumstances where a sale of goods or services is taken to have occurred for the purposes of calculating unmodulated production credits for MVPs, and for the purposes of determining the annual level of sales of each participant in order to apply the ongoing registration requirements and the 5% of sales limit to benefits.
Regulation 13 Where sale of goods or services is taken not to occur
This Regulation defines circumstances where a sale of goods or services is taken not to have occurred for the purposes of calculating unmodulated production credits for MVPs, and for the purposes of determining the annual level of sales of each participant in order to apply the ongoing registration requirements and the 5% of sales limit to benefits.
Regulation 14 Production value for an applicant for registration as an ACP, AMTP or ASP
This Regulation defines production value for the purposes of determining eligibility for registration under ACIS as an ACP, AMTP or ASP.
Regulation 15 Group registration - Dealing with an application for permission
This Regulation sets out the minimum requirements that must be met by a group of related bodies to apply for permission to seek registration as if the group were a single person.
Subregulation (2) has the effect that the Secretary must inform the group applicant as to whether permission is granted during the normal period for consideration of registration applications.
Regulation 16 Manner of making a quarterly return
This Regulation sets out the methods a participant may use to submit a quarterly return to the Secretary.
Regulation 17 Lodging notification of transfer of duty credit
This Regulation sets out the methods available for the owner of ACIS duty credits to lodge, with the Secretary, a request to transfer those credits to a third party.
Regulation 18 Form of identity cards
This Regulation sets out the minimum identifying information that must be included on the identity card for an authorised officer.