{"id":"C2009A00093","name":"Automotive Transformation Scheme Act 2009","slug":"automotive-transformation-scheme-act-2009","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"93 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":40401,"registerId":"commonwealth-C2009A00093-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Automotive Transformation Scheme Act 2009.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 September 2009

2. Sections 3 to 29

1 July 2010.

However, if the ACIS Administration Amendment Act 2009 does not receive the Royal Assent before 1 July 2010, the provision(s) do not commence at all.

1 July 2010

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Object","content":"#### 3 Object\n\n (1) The object of this Act is:\n (a) to encourage competitive investment and innovation in the Australian automotive industry; and\n (b) to place the industry on an economically sustainable footing;\n by providing assistance to a participant in the Automotive Transformation Scheme based on the participant’s investment if the investment is of a kind prescribed by the Scheme.\n (2) The object is to be achieved in a way that:\n (a) improves environmental outcomes; and\n (b) promotes the development of workforce skills.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this Act:\n\n> ACIS has the same meaning as in the former ACIS Administration Act 1999.\n\n> assisting officer, in relation to a monitoring warrant, means a person who is an authorised officer and is assisting in executing the warrant.\n\n> ATS participant means a person, entity or group registered under the Automotive Transformation Scheme.\n\n> authorised officer means a person appointed by the Secretary under the Automotive Transformation Scheme.\n\n> Automotive Transformation Scheme means the scheme prescribed for the purposes of section 5.\n\n> Federal Court means the Federal Court of Australia.\n\n> monitoring powers has the meaning given by section 12.\n\n> monitoring warrant means a warrant issued under section 15.\n\n> Secretary means the Secretary of the Department.\n\n> stage 1 means:\n\n (a) the period beginning on 1 January 2011 and ending on 31 December 2015; and\n (b) January, February and March 2016.\n\n> stage 2 means:\n\n (a) the period beginning on 1 January 2016 and ending on 31 December 2020; and\n (b) January, February and March 2021.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"The Automotive Transformation Scheme","content":"An Act to provide for the establishment of the Automotive Transformation Scheme, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Automotive Transformation Scheme Act 2009.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 September 2009

2. Sections 3 to 29

1 July 2010.

However, if the ACIS Administration Amendment Act 2009 does not receive the Royal Assent before 1 July 2010, the provision(s) do not commence at all.

1 July 2010

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object\n\n (1) The object of this Act is:\n (a) to encourage competitive investment and innovation in the Australian automotive industry; and\n (b) to place the industry on an economically sustainable footing;\n by providing assistance to a participant in the Automotive Transformation Scheme based on the participant’s investment if the investment is of a kind prescribed by the Scheme.\n (2) The object is to be achieved in a way that:\n (a) improves environmental outcomes; and\n (b) promotes the development of workforce skills.\n\n#### 4 Definitions\n\n In this Act:\n\n> ACIS has the same meaning as in the former ACIS Administration Act 1999.\n\n> assisting officer, in relation to a monitoring warrant, means a person who is an authorised officer and is assisting in executing the warrant.\n\n> ATS participant means a person, entity or group registered under the Automotive Transformation Scheme.\n\n> authorised officer means a person appointed by the Secretary under the Automotive Transformation Scheme.\n\n> Automotive Transformation Scheme means the scheme prescribed for the purposes of section 5.\n\n> Federal Court means the Federal Court of Australia.\n\n> monitoring powers has the meaning given by section 12.\n\n> monitoring warrant means a warrant issued under section 15.\n\n> Secretary means the Secretary of the Department.\n\n> stage 1 means:\n\n (a) the period beginning on 1 January 2011 and ending on 31 December 2015; and\n (b) January, February and March 2016.\n\n> stage 2 means:\n\n (a) the period beginning on 1 January 2016 and ending on 31 December 2020; and\n (b) January, February and March 2021.\n\n## Part 2—The Automotive Transformation Scheme\n\n### Division 1—Making the Automotive Transformation Scheme\n\n#### 5 Making the Automotive Transformation Scheme\n\n (1) To further the object of this Act, the regulations must prescribe a scheme (the Automotive Transformation Scheme) about the following matters:\n (a) the registration of participants (ATS participants) by the Secretary;\n (b) the payment of an amount to an ATS participant if certain conditions are satisfied;\n (c) the recovery by the Commonwealth of amounts from ATS participants in prescribed circumstances;\n (d) the payment of interest by an ATS participant on an overpaid amount;\n (e) the review of decisions, and, in respect of decisions of a prescribed kind, the limitations that apply to implementing the Administrative Appeals Tribunal’s decision or a court’s decision about those prescribed kind of decisions;\n (f) the appointment of authorised officers by the Secretary;\n (g) a matter required or permitted by this Act to be included in the Scheme;\n (h) ancillary or incidental matters.\n (2) The Automotive Transformation Scheme is to be a self‑assessment scheme.\n\n#### 6 Other matters that may be included in the Automotive Transformation Scheme\n\n The Automotive Transformation Scheme may provide for any or all of the following matters:\n (a) the application process for registration;\n (b) the assessment criteria for registration;\n (c) the amount of a payment to an ATS participant;\n (d) the inalienability of an amount of a payment to an ATS participant, except with the approval of the Secretary;\n (e) the deregistration of an ATS participant.\n\n### Division 2—Assistance\n\n#### Subdivision A—Assistance available\n\n#### 7 Kinds of assistance\n\n Assistance under the Automotive Transformation Scheme is of two kinds:\n (a) capped assistance; and\n (b) uncapped assistance.\n\n#### 8 Amount of capped assistance available\n\n (1) The total amount of capped assistance under the Automotive Transformation Scheme must not exceed:\n (a) for stage 1—$1.5 billion; and\n (b) for stage 2—$1 billion.\n (2) Subject to subsection (3), the total amount of capped assistance paid in respect of a year must not exceed $300 million.\n (3) However, if the total amount of capped assistance paid in respect of a particular year is less than $300 million, the balance may be paid as capped assistance in respect of any later year within the relevant stage.\n\n> Note: Example: If the total amount of capped assistance paid in respect of the year beginning on 1 January 2012 is $270 million, the amount of capped assistance available in respect of the year beginning on 1 January 2013 is $330 million.\n\n> Note: Except for recovered amounts (dealt with under subsection (6)), capped assistance cannot be carried forward from stage 1 to stage 2.\n\n (4) Subject to subsection (6), an amount of capped assistance in respect of a year must not be paid on or after 1 April in the following year.\n (5) For the purposes of subsections (1) to (3), an amount of capped assistance recovered by the Commonwealth is treated as if it had never been paid.\n (6) To the extent that the balance referred to in subsection (3) consists of amounts of capped assistance recovered by the Commonwealth during the last year of a stage, the balance may be paid in the year following the last year of that stage. For the purposes of subsections (1) and (2), such a payment is taken to have been made in respect of the last year of that stage.\n\n#### Subdivision B—Payments of assistance\n\n#### 9 Payments\n\n Making payments\n (1) The Automotive Transformation Scheme must provide that a payment of capped or uncapped assistance to an ATS participant may only be made:\n (a) on the condition that all or part of the payment may be offset or recovered by the Commonwealth in the manner and in the circumstances provided for by the Scheme; and\n (b) on any other conditions provided for by the Scheme.\n Recovering payments\n (2) Without limiting paragraph (1)(a), the Scheme may provide that all or part of a payment of capped or uncapped assistance to an ATS participant may be recovered by the Commonwealth from a person or entity who owes, or may later owe, money to the ATS participant.\n\n#### Subdivision C—Miscellaneous\n\n#### 10 Appropriation\n\n Capped assistance under the Automotive Transformation Scheme is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n### Division 3—Monitoring powers\n\n#### Subdivision A—Powers for monitoring compliance\n\n#### 11 Authorised officer may enter premises by consent or under a monitoring warrant\n\n (1) For the purposes of:\n (a) finding out whether the Automotive Transformation Scheme has been complied with; or\n (b) assessing the correctness of information provided under the Scheme;\n an authorised officer may enter any premises if:\n (c) the occupier of the premises consents to the entry; or\n (d) the entry is made under a monitoring warrant.\n\n> Note: Paragraph (c)—see section 13.\n\n (2) An authorised officer who enters premises under subsection (1) may exercise the monitoring powers set out in section 12.\n\n#### 12 Powers available for monitoring compliance\n\n (1) An authorised officer who enters premises under subsection 11(1) may exercise the following monitoring powers:\n (a) the power to search the premises and any thing on the premises;\n (b) the power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any thing on the premises;\n (c) the power to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;\n (d) if the authorised officer entered the premises by consent—to ask any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (e) if the authorised officer was authorised to enter the premises by a monitoring warrant—to require any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (f) the power to inspect any book, record or document on the premises;\n (g) the power to take extracts from or make copies of any such book, record or document;\n (h) the power to take onto premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;\n (i) the power to operate electronic equipment, and do other things, at the premises as mentioned in section 20;\n (j) the powers set out in subsections (2), (3) and (4).\n\n> Note: Failure to comply with paragraph (1)(e) is an offence—see section 24.\n\n (2) The monitoring powers include the power to secure a thing for no more than 24 hours if:\n (a) the thing is found during the exercise of monitoring powers on the premises; and\n (b) an authorised officer believes on reasonable grounds that:\n (i) the thing affords evidence of the commission of an offence against the Automotive Transformation Scheme, or evidence of the commission of an offence against the Crimes Act 1914 or the Criminal Code that relates to the Scheme; and\n (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost, destroyed or tampered with before a warrant to seize the thing is obtained.\n (3) The monitoring powers include the power to operate equipment at the premises to see whether:\n (a) the equipment; or\n (b) a data storage device that:\n (i) is at the premises; and\n (ii) can be used with the equipment or is associated with it;\n contains information that is relevant to:\n (c) determining whether there has been compliance with the Automotive Transformation Scheme; or\n (d) assessing the correctness of information provided under the Scheme.\n (4) The monitoring powers include the following powers in relation to information described in subsection (3) found in the exercise of the power under that subsection:\n (a) the power to operate facilities at the premises to put the information in documentary form and copy the documents so produced;\n (b) the power to operate facilities at the premises to transfer the information to a disk, tape or other storage device that:\n (i) is brought to the premises for the exercise of the power; or\n (ii) is at the premises and the use of which for the purpose has been agreed in writing by the occupier of the premises;\n (c) the power to remove from the premises a disk, tape or other storage device to which the information has been transferred in exercise of the power under paragraph (b).\n\n#### Subdivision B—Obtaining consent\n\n#### 13 Consent\n\n (1) Before obtaining the consent of an occupier of premises, the authorised officer must inform the occupier that he or she may refuse consent.\n (2) An entry of an authorised officer because of an occupier’s consent is not lawful unless the occupier voluntarily consented to the entry.\n (3) An occupier’s consent may be expressed to be limited to entry during a particular period unless the consent is withdrawn before the end of that period.\n (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.\n (5) If an authorised officer is on the premises with the consent of the occupier, the authorised officer must:\n (a) show his or her identity card to the occupier, if required by the occupier; and\n (b) leave the premises if the occupier asks the authorised officer to do so.\n\n#### Subdivision C—Monitoring warrants\n\n#### 14 Application for a monitoring warrant\n\n (1) An authorised officer may apply to a magistrate for a monitoring warrant if the authorised officer wishes to find out whether the Automotive Transformation Scheme has been complied with.\n (2) An authorised officer must give the magistrate information on oath or by affirmation to support the grounds for an application under subsection (1).\n\n#### 15 When a monitoring warrant may be issued\n\n (1) If:\n (a) an authorised officer applies to a magistrate under subsection 14(1); and\n (b) the magistrate is satisfied, on the information given under subsection 14(2), that it is reasonably necessary that one or more authorised officers should have access to premises for the purposes of finding out whether the Automotive Transformation Scheme has been complied with;\n the magistrate may issue a monitoring warrant authorising one or more authorised officers to search the premises.\n (2) However, a magistrate must not issue a warrant under this section unless the authorised officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\n\n#### 16 Content of warrant\n\n If a magistrate issues a warrant, the magistrate is to state in the warrant:\n (a) a description of the premises to which the warrant relates; and\n (b) that the warrant authorises one or more authorised officers (whether or not named in the warrant):\n (i) to enter the premises; and\n (ii) to exercise the powers set out in section 12; and\n (c) whether the warrant may be executed at any time or only during particular hours; and\n (d) the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect.\n\n#### Subdivision D—Obligations and incidental powers of authorised officers\n\n#### 17 Authorised officer must produce identity card on request\n\n An authorised officer is not entitled to exercise any powers under this Division in relation to premises if:\n (a) the occupier of the premises requires the authorised officer to produce his or her identity card for inspection by the occupier; and\n (b) the authorised officer fails to comply with the requirement.\n\n#### 18 Announcement before entry\n\n An authorised officer executing a monitoring warrant must, before entering premises under the warrant:\n (a) announce that he or she is authorised to enter the premises; and\n (b) give any person at the premises an opportunity to allow entry to the premises.\n\n#### 19 Copy of warrant to be shown to occupier etc.\n\n (1) If the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the authorised officer executing the monitoring warrant or an assisting officer must make a copy of the warrant available to the person.\n (2) The authorised officer must identify himself or herself to the person at the premises.\n (3) The copy of the monitoring warrant need not include the signature of the magistrate who issued it.\n\n#### 20 Use of electronic equipment in exercising monitoring powers\n\n (1) An authorised officer or an assisting officer may operate electronic equipment already at the premises in order to exercise monitoring powers if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.\n (2) If the authorised officer or an assisting officer believes, on reasonable grounds, that:\n (a) there is on the premises material relating to information provided under the Automotive Transformation Scheme that may be accessible by operating electronic equipment on the premises; and\n (b) expert assistance is required to operate the equipment; and\n (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;\n he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard, or otherwise.\n (3) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.\n (4) The equipment may be secured:\n (a) for a period not exceeding 24 hours; or\n (b) until the equipment has been operated by the expert;\n whichever happens first.\n (5) If an authorised officer or an assisting officer believes, on reasonable grounds, that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of the period.\n (6) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to apply for an extension. The occupier is entitled to be heard in relation to that application.\n (7) The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.\n\n#### 21 Compensation for damage to electronic equipment\n\n (1) This section applies if:\n (a) as a result of electronic equipment being operated as mentioned in section 20:\n (i) damage is caused to the equipment; or\n (ii) the data recorded on the equipment is damaged; or\n (iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and\n (b) the damage or corruption occurs because:\n (i) insufficient care was exercised in selecting the person who was to operate the equipment; or\n (ii) insufficient care was exercised by the person operating the equipment.\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court for such reasonable amount of compensation as the Court determines.\n (4) In determining the amount of compensation payable under subsection (3), regard is to be had to whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n (5) Compensation is payable out of money appropriated by the Parliament.\n\n#### Subdivision E—Occupier’s rights and responsibilities\n\n#### 22 Occupier entitled to be present during execution of monitoring warrant\n\n (1) If:\n (a) a monitoring warrant is being executed; and\n (b) the occupier of the premises to which the warrant relates, or another person who apparently represents the occupier, is present at the premises;\n the person is entitled to observe the execution of the warrant.\n (2) The right to observe the execution of the warrant ceases if the person impedes that execution.\n (3) This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.\n\n#### 23 Occupier to provide authorised officer with facilities and assistance\n\n The occupier of premises to which a monitoring warrant relates, or another person who apparently represents the occupier, must provide the authorised officer executing the warrant and any assisting officer with all reasonable facilities and assistance for the effective exercise of their powers.\n\n> Note: Failure to comply with this requirement is an offence—see section 25.\n\n#### Subdivision F—Offences\n\n#### 24 Offence for failure to answer questions, produce books etc.\n\n (1) A person commits an offence if the person refuses or fails to comply with a requirement under paragraph 12(1)(e).\n\nPenalty: 6 months imprisonment.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.\n\n (3) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document if answering the question, or producing the book, record or document, would tend to incriminate the person.\n\n#### 25 Offence for failing to provide authorised officer with facilities and assistance\n\n A person commits an offence if:\n (a) the person is subject to a requirement under section 23; and\n (b) the person does an act or omits to do an act; and\n (c) the act or omission breaches the requirement.\n\nPenalty: 30 penalty units.\n\n#### Subdivision G—Miscellaneous\n\n#### 26 Magistrates—personal capacity\n\n Functions conferred personally\n (1) The functions conferred on a magistrate by sections 15 and 16 are conferred on the magistrate:\n (a) in a personal capacity; and\n (b) not as a court or a member of a court.\n Functions need not be accepted\n (2) The magistrate need not accept the functions conferred.\n Protection and immunity\n (3) A magistrate performing a function conferred by sections 15 and 16 has the same protection and immunity as if he or she were performing the function:\n (a) as the court of which the magistrate is a member; or\n (b) as a member of the court of which the magistrate is a member.\n\n## Part 3—Miscellaneous\n\n#### 27 Transitional arrangements\n\n The Automotive Transformation Scheme must provide for matters of a transitional nature relating to ACIS.\n\n> Note: Example: A matter of a transitional nature would include the recognition of eligible investments made under ACIS by persons or entities who become ATS participants.\n\n#### 27A Annual report\n\n The Secretary must include the following in the Department’s annual report for a financial year:\n (a) the total amounts of capped assistance and uncapped assistance paid to ATS participants under the Automotive Transformation Scheme during the 12 month period ending on 31 March in the financial year;\n (b) details of the progress of the Australian automotive industry towards achieving economic sustainability, environmental outcomes and workforce skills development.\n\n#### 28 Delegation\n\n (1) The Minister may, by written instrument, delegate to the Secretary all or any of the Minister’s powers under the Automotive Transformation Scheme.\n (2) The Secretary may, by written instrument, delegate to an SES employee in the Department all or any of the Secretary’s powers under the Scheme.\n (3) If a power of a prescribed kind is delegated to the Secretary under subsection (1), the Secretary may, by written instrument, delegate that power to an SES employee in the Department.\n (4) In exercising powers under a delegation under subsection (1) or (3), the delegate must comply with any directions of the Minister.\n (5) In exercising powers under a delegation under subsection (2), the delegate must comply with any directions of the Secretary.\n\n#### 29 Regulations\n\n The Governor General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Making the Automotive Transformation Scheme","content":"An Act to provide for the establishment of the Automotive Transformation Scheme, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Automotive Transformation Scheme Act 2009.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 September 2009

2. Sections 3 to 29

1 July 2010.

However, if the ACIS Administration Amendment Act 2009 does not receive the Royal Assent before 1 July 2010, the provision(s) do not commence at all.

1 July 2010

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object\n\n (1) The object of this Act is:\n (a) to encourage competitive investment and innovation in the Australian automotive industry; and\n (b) to place the industry on an economically sustainable footing;\n by providing assistance to a participant in the Automotive Transformation Scheme based on the participant’s investment if the investment is of a kind prescribed by the Scheme.\n (2) The object is to be achieved in a way that:\n (a) improves environmental outcomes; and\n (b) promotes the development of workforce skills.\n\n#### 4 Definitions\n\n In this Act:\n\n> ACIS has the same meaning as in the former ACIS Administration Act 1999.\n\n> assisting officer, in relation to a monitoring warrant, means a person who is an authorised officer and is assisting in executing the warrant.\n\n> ATS participant means a person, entity or group registered under the Automotive Transformation Scheme.\n\n> authorised officer means a person appointed by the Secretary under the Automotive Transformation Scheme.\n\n> Automotive Transformation Scheme means the scheme prescribed for the purposes of section 5.\n\n> Federal Court means the Federal Court of Australia.\n\n> monitoring powers has the meaning given by section 12.\n\n> monitoring warrant means a warrant issued under section 15.\n\n> Secretary means the Secretary of the Department.\n\n> stage 1 means:\n\n (a) the period beginning on 1 January 2011 and ending on 31 December 2015; and\n (b) January, February and March 2016.\n\n> stage 2 means:\n\n (a) the period beginning on 1 January 2016 and ending on 31 December 2020; and\n (b) January, February and March 2021.\n\n## Part 2—The Automotive Transformation Scheme\n\n### Division 1—Making the Automotive Transformation Scheme\n\n#### 5 Making the Automotive Transformation Scheme\n\n (1) To further the object of this Act, the regulations must prescribe a scheme (the Automotive Transformation Scheme) about the following matters:\n (a) the registration of participants (ATS participants) by the Secretary;\n (b) the payment of an amount to an ATS participant if certain conditions are satisfied;\n (c) the recovery by the Commonwealth of amounts from ATS participants in prescribed circumstances;\n (d) the payment of interest by an ATS participant on an overpaid amount;\n (e) the review of decisions, and, in respect of decisions of a prescribed kind, the limitations that apply to implementing the Administrative Appeals Tribunal’s decision or a court’s decision about those prescribed kind of decisions;\n (f) the appointment of authorised officers by the Secretary;\n (g) a matter required or permitted by this Act to be included in the Scheme;\n (h) ancillary or incidental matters.\n (2) The Automotive Transformation Scheme is to be a self‑assessment scheme.\n\n#### 6 Other matters that may be included in the Automotive Transformation Scheme\n\n The Automotive Transformation Scheme may provide for any or all of the following matters:\n (a) the application process for registration;\n (b) the assessment criteria for registration;\n (c) the amount of a payment to an ATS participant;\n (d) the inalienability of an amount of a payment to an ATS participant, except with the approval of the Secretary;\n (e) the deregistration of an ATS participant.\n\n### Division 2—Assistance\n\n#### Subdivision A—Assistance available\n\n#### 7 Kinds of assistance\n\n Assistance under the Automotive Transformation Scheme is of two kinds:\n (a) capped assistance; and\n (b) uncapped assistance.\n\n#### 8 Amount of capped assistance available\n\n (1) The total amount of capped assistance under the Automotive Transformation Scheme must not exceed:\n (a) for stage 1—$1.5 billion; and\n (b) for stage 2—$1 billion.\n (2) Subject to subsection (3), the total amount of capped assistance paid in respect of a year must not exceed $300 million.\n (3) However, if the total amount of capped assistance paid in respect of a particular year is less than $300 million, the balance may be paid as capped assistance in respect of any later year within the relevant stage.\n\n> Note: Example: If the total amount of capped assistance paid in respect of the year beginning on 1 January 2012 is $270 million, the amount of capped assistance available in respect of the year beginning on 1 January 2013 is $330 million.\n\n> Note: Except for recovered amounts (dealt with under subsection (6)), capped assistance cannot be carried forward from stage 1 to stage 2.\n\n (4) Subject to subsection (6), an amount of capped assistance in respect of a year must not be paid on or after 1 April in the following year.\n (5) For the purposes of subsections (1) to (3), an amount of capped assistance recovered by the Commonwealth is treated as if it had never been paid.\n (6) To the extent that the balance referred to in subsection (3) consists of amounts of capped assistance recovered by the Commonwealth during the last year of a stage, the balance may be paid in the year following the last year of that stage. For the purposes of subsections (1) and (2), such a payment is taken to have been made in respect of the last year of that stage.\n\n#### Subdivision B—Payments of assistance\n\n#### 9 Payments\n\n Making payments\n (1) The Automotive Transformation Scheme must provide that a payment of capped or uncapped assistance to an ATS participant may only be made:\n (a) on the condition that all or part of the payment may be offset or recovered by the Commonwealth in the manner and in the circumstances provided for by the Scheme; and\n (b) on any other conditions provided for by the Scheme.\n Recovering payments\n (2) Without limiting paragraph (1)(a), the Scheme may provide that all or part of a payment of capped or uncapped assistance to an ATS participant may be recovered by the Commonwealth from a person or entity who owes, or may later owe, money to the ATS participant.\n\n#### Subdivision C—Miscellaneous\n\n#### 10 Appropriation\n\n Capped assistance under the Automotive Transformation Scheme is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n### Division 3—Monitoring powers\n\n#### Subdivision A—Powers for monitoring compliance\n\n#### 11 Authorised officer may enter premises by consent or under a monitoring warrant\n\n (1) For the purposes of:\n (a) finding out whether the Automotive Transformation Scheme has been complied with; or\n (b) assessing the correctness of information provided under the Scheme;\n an authorised officer may enter any premises if:\n (c) the occupier of the premises consents to the entry; or\n (d) the entry is made under a monitoring warrant.\n\n> Note: Paragraph (c)—see section 13.\n\n (2) An authorised officer who enters premises under subsection (1) may exercise the monitoring powers set out in section 12.\n\n#### 12 Powers available for monitoring compliance\n\n (1) An authorised officer who enters premises under subsection 11(1) may exercise the following monitoring powers:\n (a) the power to search the premises and any thing on the premises;\n (b) the power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any thing on the premises;\n (c) the power to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;\n (d) if the authorised officer entered the premises by consent—to ask any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (e) if the authorised officer was authorised to enter the premises by a monitoring warrant—to require any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (f) the power to inspect any book, record or document on the premises;\n (g) the power to take extracts from or make copies of any such book, record or document;\n (h) the power to take onto premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;\n (i) the power to operate electronic equipment, and do other things, at the premises as mentioned in section 20;\n (j) the powers set out in subsections (2), (3) and (4).\n\n> Note: Failure to comply with paragraph (1)(e) is an offence—see section 24.\n\n (2) The monitoring powers include the power to secure a thing for no more than 24 hours if:\n (a) the thing is found during the exercise of monitoring powers on the premises; and\n (b) an authorised officer believes on reasonable grounds that:\n (i) the thing affords evidence of the commission of an offence against the Automotive Transformation Scheme, or evidence of the commission of an offence against the Crimes Act 1914 or the Criminal Code that relates to the Scheme; and\n (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost, destroyed or tampered with before a warrant to seize the thing is obtained.\n (3) The monitoring powers include the power to operate equipment at the premises to see whether:\n (a) the equipment; or\n (b) a data storage device that:\n (i) is at the premises; and\n (ii) can be used with the equipment or is associated with it;\n contains information that is relevant to:\n (c) determining whether there has been compliance with the Automotive Transformation Scheme; or\n (d) assessing the correctness of information provided under the Scheme.\n (4) The monitoring powers include the following powers in relation to information described in subsection (3) found in the exercise of the power under that subsection:\n (a) the power to operate facilities at the premises to put the information in documentary form and copy the documents so produced;\n (b) the power to operate facilities at the premises to transfer the information to a disk, tape or other storage device that:\n (i) is brought to the premises for the exercise of the power; or\n (ii) is at the premises and the use of which for the purpose has been agreed in writing by the occupier of the premises;\n (c) the power to remove from the premises a disk, tape or other storage device to which the information has been transferred in exercise of the power under paragraph (b).\n\n#### Subdivision B—Obtaining consent\n\n#### 13 Consent\n\n (1) Before obtaining the consent of an occupier of premises, the authorised officer must inform the occupier that he or she may refuse consent.\n (2) An entry of an authorised officer because of an occupier’s consent is not lawful unless the occupier voluntarily consented to the entry.\n (3) An occupier’s consent may be expressed to be limited to entry during a particular period unless the consent is withdrawn before the end of that period.\n (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.\n (5) If an authorised officer is on the premises with the consent of the occupier, the authorised officer must:\n (a) show his or her identity card to the occupier, if required by the occupier; and\n (b) leave the premises if the occupier asks the authorised officer to do so.\n\n#### Subdivision C—Monitoring warrants\n\n#### 14 Application for a monitoring warrant\n\n (1) An authorised officer may apply to a magistrate for a monitoring warrant if the authorised officer wishes to find out whether the Automotive Transformation Scheme has been complied with.\n (2) An authorised officer must give the magistrate information on oath or by affirmation to support the grounds for an application under subsection (1).\n\n#### 15 When a monitoring warrant may be issued\n\n (1) If:\n (a) an authorised officer applies to a magistrate under subsection 14(1); and\n (b) the magistrate is satisfied, on the information given under subsection 14(2), that it is reasonably necessary that one or more authorised officers should have access to premises for the purposes of finding out whether the Automotive Transformation Scheme has been complied with;\n the magistrate may issue a monitoring warrant authorising one or more authorised officers to search the premises.\n (2) However, a magistrate must not issue a warrant under this section unless the authorised officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\n\n#### 16 Content of warrant\n\n If a magistrate issues a warrant, the magistrate is to state in the warrant:\n (a) a description of the premises to which the warrant relates; and\n (b) that the warrant authorises one or more authorised officers (whether or not named in the warrant):\n (i) to enter the premises; and\n (ii) to exercise the powers set out in section 12; and\n (c) whether the warrant may be executed at any time or only during particular hours; and\n (d) the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect.\n\n#### Subdivision D—Obligations and incidental powers of authorised officers\n\n#### 17 Authorised officer must produce identity card on request\n\n An authorised officer is not entitled to exercise any powers under this Division in relation to premises if:\n (a) the occupier of the premises requires the authorised officer to produce his or her identity card for inspection by the occupier; and\n (b) the authorised officer fails to comply with the requirement.\n\n#### 18 Announcement before entry\n\n An authorised officer executing a monitoring warrant must, before entering premises under the warrant:\n (a) announce that he or she is authorised to enter the premises; and\n (b) give any person at the premises an opportunity to allow entry to the premises.\n\n#### 19 Copy of warrant to be shown to occupier etc.\n\n (1) If the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the authorised officer executing the monitoring warrant or an assisting officer must make a copy of the warrant available to the person.\n (2) The authorised officer must identify himself or herself to the person at the premises.\n (3) The copy of the monitoring warrant need not include the signature of the magistrate who issued it.\n\n#### 20 Use of electronic equipment in exercising monitoring powers\n\n (1) An authorised officer or an assisting officer may operate electronic equipment already at the premises in order to exercise monitoring powers if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.\n (2) If the authorised officer or an assisting officer believes, on reasonable grounds, that:\n (a) there is on the premises material relating to information provided under the Automotive Transformation Scheme that may be accessible by operating electronic equipment on the premises; and\n (b) expert assistance is required to operate the equipment; and\n (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;\n he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard, or otherwise.\n (3) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.\n (4) The equipment may be secured:\n (a) for a period not exceeding 24 hours; or\n (b) until the equipment has been operated by the expert;\n whichever happens first.\n (5) If an authorised officer or an assisting officer believes, on reasonable grounds, that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of the period.\n (6) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to apply for an extension. The occupier is entitled to be heard in relation to that application.\n (7) The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.\n\n#### 21 Compensation for damage to electronic equipment\n\n (1) This section applies if:\n (a) as a result of electronic equipment being operated as mentioned in section 20:\n (i) damage is caused to the equipment; or\n (ii) the data recorded on the equipment is damaged; or\n (iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and\n (b) the damage or corruption occurs because:\n (i) insufficient care was exercised in selecting the person who was to operate the equipment; or\n (ii) insufficient care was exercised by the person operating the equipment.\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court for such reasonable amount of compensation as the Court determines.\n (4) In determining the amount of compensation payable under subsection (3), regard is to be had to whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n (5) Compensation is payable out of money appropriated by the Parliament.\n\n#### Subdivision E—Occupier’s rights and responsibilities\n\n#### 22 Occupier entitled to be present during execution of monitoring warrant\n\n (1) If:\n (a) a monitoring warrant is being executed; and\n (b) the occupier of the premises to which the warrant relates, or another person who apparently represents the occupier, is present at the premises;\n the person is entitled to observe the execution of the warrant.\n (2) The right to observe the execution of the warrant ceases if the person impedes that execution.\n (3) This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.\n\n#### 23 Occupier to provide authorised officer with facilities and assistance\n\n The occupier of premises to which a monitoring warrant relates, or another person who apparently represents the occupier, must provide the authorised officer executing the warrant and any assisting officer with all reasonable facilities and assistance for the effective exercise of their powers.\n\n> Note: Failure to comply with this requirement is an offence—see section 25.\n\n#### Subdivision F—Offences\n\n#### 24 Offence for failure to answer questions, produce books etc.\n\n (1) A person commits an offence if the person refuses or fails to comply with a requirement under paragraph 12(1)(e).\n\nPenalty: 6 months imprisonment.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.\n\n (3) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document if answering the question, or producing the book, record or document, would tend to incriminate the person.\n\n#### 25 Offence for failing to provide authorised officer with facilities and assistance\n\n A person commits an offence if:\n (a) the person is subject to a requirement under section 23; and\n (b) the person does an act or omits to do an act; and\n (c) the act or omission breaches the requirement.\n\nPenalty: 30 penalty units.\n\n#### Subdivision G—Miscellaneous\n\n#### 26 Magistrates—personal capacity\n\n Functions conferred personally\n (1) The functions conferred on a magistrate by sections 15 and 16 are conferred on the magistrate:\n (a) in a personal capacity; and\n (b) not as a court or a member of a court.\n Functions need not be accepted\n (2) The magistrate need not accept the functions conferred.\n Protection and immunity\n (3) A magistrate performing a function conferred by sections 15 and 16 has the same protection and immunity as if he or she were performing the function:\n (a) as the court of which the magistrate is a member; or\n (b) as a member of the court of which the magistrate is a member.\n\n## Part 3—Miscellaneous\n\n#### 27 Transitional arrangements\n\n The Automotive Transformation Scheme must provide for matters of a transitional nature relating to ACIS.\n\n> Note: Example: A matter of a transitional nature would include the recognition of eligible investments made under ACIS by persons or entities who become ATS participants.\n\n#### 27A Annual report\n\n The Secretary must include the following in the Department’s annual report for a financial year:\n (a) the total amounts of capped assistance and uncapped assistance paid to ATS participants under the Automotive Transformation Scheme during the 12 month period ending on 31 March in the financial year;\n (b) details of the progress of the Australian automotive industry towards achieving economic sustainability, environmental outcomes and workforce skills development.\n\n#### 28 Delegation\n\n (1) The Minister may, by written instrument, delegate to the Secretary all or any of the Minister’s powers under the Automotive Transformation Scheme.\n (2) The Secretary may, by written instrument, delegate to an SES employee in the Department all or any of the Secretary’s powers under the Scheme.\n (3) If a power of a prescribed kind is delegated to the Secretary under subsection (1), the Secretary may, by written instrument, delegate that power to an SES employee in the Department.\n (4) In exercising powers under a delegation under subsection (1) or (3), the delegate must comply with any directions of the Minister.\n (5) In exercising powers under a delegation under subsection (2), the delegate must comply with any directions of the Secretary.\n\n#### 29 Regulations\n\n The Governor General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Making the Automotive Transformation Scheme","content":"#### 5 Making the Automotive Transformation Scheme\n\n (1) To further the object of this Act, the regulations must prescribe a scheme (the Automotive Transformation Scheme) about the following matters:\n (a) the registration of participants (ATS participants) by the Secretary;\n (b) the payment of an amount to an ATS participant if certain conditions are satisfied;\n (c) the recovery by the Commonwealth of amounts from ATS participants in prescribed circumstances;\n (d) the payment of interest by an ATS participant on an overpaid amount;\n (e) the review of decisions, and, in respect of decisions of a prescribed kind, the limitations that apply to implementing the Administrative Appeals Tribunal’s decision or a court’s decision about those prescribed kind of decisions;\n (f) the appointment of authorised officers by the Secretary;\n (g) a matter required or permitted by this Act to be included in the Scheme;\n (h) ancillary or incidental matters.\n (2) The Automotive Transformation Scheme is to be a self‑assessment scheme.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Other matters that may be included in the Automotive Transformation Scheme","content":"#### 6 Other matters that may be included in the Automotive Transformation Scheme\n\n The Automotive Transformation Scheme may provide for any or all of the following matters:\n (a) the application process for registration;\n (b) the assessment criteria for registration;\n (c) the amount of a payment to an ATS participant;\n (d) the inalienability of an amount of a payment to an ATS participant, except with the approval of the Secretary;\n (e) the deregistration of an ATS participant.","sortOrder":8},{"sectionNumber":"Division 2","sectionType":"division","heading":"Assistance","content":"An Act to provide for the establishment of the Automotive Transformation Scheme, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Automotive Transformation Scheme Act 2009.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 September 2009

2. Sections 3 to 29

1 July 2010.

However, if the ACIS Administration Amendment Act 2009 does not receive the Royal Assent before 1 July 2010, the provision(s) do not commence at all.

1 July 2010

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object\n\n (1) The object of this Act is:\n (a) to encourage competitive investment and innovation in the Australian automotive industry; and\n (b) to place the industry on an economically sustainable footing;\n by providing assistance to a participant in the Automotive Transformation Scheme based on the participant’s investment if the investment is of a kind prescribed by the Scheme.\n (2) The object is to be achieved in a way that:\n (a) improves environmental outcomes; and\n (b) promotes the development of workforce skills.\n\n#### 4 Definitions\n\n In this Act:\n\n> ACIS has the same meaning as in the former ACIS Administration Act 1999.\n\n> assisting officer, in relation to a monitoring warrant, means a person who is an authorised officer and is assisting in executing the warrant.\n\n> ATS participant means a person, entity or group registered under the Automotive Transformation Scheme.\n\n> authorised officer means a person appointed by the Secretary under the Automotive Transformation Scheme.\n\n> Automotive Transformation Scheme means the scheme prescribed for the purposes of section 5.\n\n> Federal Court means the Federal Court of Australia.\n\n> monitoring powers has the meaning given by section 12.\n\n> monitoring warrant means a warrant issued under section 15.\n\n> Secretary means the Secretary of the Department.\n\n> stage 1 means:\n\n (a) the period beginning on 1 January 2011 and ending on 31 December 2015; and\n (b) January, February and March 2016.\n\n> stage 2 means:\n\n (a) the period beginning on 1 January 2016 and ending on 31 December 2020; and\n (b) January, February and March 2021.\n\n## Part 2—The Automotive Transformation Scheme\n\n### Division 1—Making the Automotive Transformation Scheme\n\n#### 5 Making the Automotive Transformation Scheme\n\n (1) To further the object of this Act, the regulations must prescribe a scheme (the Automotive Transformation Scheme) about the following matters:\n (a) the registration of participants (ATS participants) by the Secretary;\n (b) the payment of an amount to an ATS participant if certain conditions are satisfied;\n (c) the recovery by the Commonwealth of amounts from ATS participants in prescribed circumstances;\n (d) the payment of interest by an ATS participant on an overpaid amount;\n (e) the review of decisions, and, in respect of decisions of a prescribed kind, the limitations that apply to implementing the Administrative Appeals Tribunal’s decision or a court’s decision about those prescribed kind of decisions;\n (f) the appointment of authorised officers by the Secretary;\n (g) a matter required or permitted by this Act to be included in the Scheme;\n (h) ancillary or incidental matters.\n (2) The Automotive Transformation Scheme is to be a self‑assessment scheme.\n\n#### 6 Other matters that may be included in the Automotive Transformation Scheme\n\n The Automotive Transformation Scheme may provide for any or all of the following matters:\n (a) the application process for registration;\n (b) the assessment criteria for registration;\n (c) the amount of a payment to an ATS participant;\n (d) the inalienability of an amount of a payment to an ATS participant, except with the approval of the Secretary;\n (e) the deregistration of an ATS participant.\n\n### Division 2—Assistance\n\n#### Subdivision A—Assistance available\n\n#### 7 Kinds of assistance\n\n Assistance under the Automotive Transformation Scheme is of two kinds:\n (a) capped assistance; and\n (b) uncapped assistance.\n\n#### 8 Amount of capped assistance available\n\n (1) The total amount of capped assistance under the Automotive Transformation Scheme must not exceed:\n (a) for stage 1—$1.5 billion; and\n (b) for stage 2—$1 billion.\n (2) Subject to subsection (3), the total amount of capped assistance paid in respect of a year must not exceed $300 million.\n (3) However, if the total amount of capped assistance paid in respect of a particular year is less than $300 million, the balance may be paid as capped assistance in respect of any later year within the relevant stage.\n\n> Note: Example: If the total amount of capped assistance paid in respect of the year beginning on 1 January 2012 is $270 million, the amount of capped assistance available in respect of the year beginning on 1 January 2013 is $330 million.\n\n> Note: Except for recovered amounts (dealt with under subsection (6)), capped assistance cannot be carried forward from stage 1 to stage 2.\n\n (4) Subject to subsection (6), an amount of capped assistance in respect of a year must not be paid on or after 1 April in the following year.\n (5) For the purposes of subsections (1) to (3), an amount of capped assistance recovered by the Commonwealth is treated as if it had never been paid.\n (6) To the extent that the balance referred to in subsection (3) consists of amounts of capped assistance recovered by the Commonwealth during the last year of a stage, the balance may be paid in the year following the last year of that stage. For the purposes of subsections (1) and (2), such a payment is taken to have been made in respect of the last year of that stage.\n\n#### Subdivision B—Payments of assistance\n\n#### 9 Payments\n\n Making payments\n (1) The Automotive Transformation Scheme must provide that a payment of capped or uncapped assistance to an ATS participant may only be made:\n (a) on the condition that all or part of the payment may be offset or recovered by the Commonwealth in the manner and in the circumstances provided for by the Scheme; and\n (b) on any other conditions provided for by the Scheme.\n Recovering payments\n (2) Without limiting paragraph (1)(a), the Scheme may provide that all or part of a payment of capped or uncapped assistance to an ATS participant may be recovered by the Commonwealth from a person or entity who owes, or may later owe, money to the ATS participant.\n\n#### Subdivision C—Miscellaneous\n\n#### 10 Appropriation\n\n Capped assistance under the Automotive Transformation Scheme is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n### Division 3—Monitoring powers\n\n#### Subdivision A—Powers for monitoring compliance\n\n#### 11 Authorised officer may enter premises by consent or under a monitoring warrant\n\n (1) For the purposes of:\n (a) finding out whether the Automotive Transformation Scheme has been complied with; or\n (b) assessing the correctness of information provided under the Scheme;\n an authorised officer may enter any premises if:\n (c) the occupier of the premises consents to the entry; or\n (d) the entry is made under a monitoring warrant.\n\n> Note: Paragraph (c)—see section 13.\n\n (2) An authorised officer who enters premises under subsection (1) may exercise the monitoring powers set out in section 12.\n\n#### 12 Powers available for monitoring compliance\n\n (1) An authorised officer who enters premises under subsection 11(1) may exercise the following monitoring powers:\n (a) the power to search the premises and any thing on the premises;\n (b) the power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any thing on the premises;\n (c) the power to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;\n (d) if the authorised officer entered the premises by consent—to ask any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (e) if the authorised officer was authorised to enter the premises by a monitoring warrant—to require any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (f) the power to inspect any book, record or document on the premises;\n (g) the power to take extracts from or make copies of any such book, record or document;\n (h) the power to take onto premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;\n (i) the power to operate electronic equipment, and do other things, at the premises as mentioned in section 20;\n (j) the powers set out in subsections (2), (3) and (4).\n\n> Note: Failure to comply with paragraph (1)(e) is an offence—see section 24.\n\n (2) The monitoring powers include the power to secure a thing for no more than 24 hours if:\n (a) the thing is found during the exercise of monitoring powers on the premises; and\n (b) an authorised officer believes on reasonable grounds that:\n (i) the thing affords evidence of the commission of an offence against the Automotive Transformation Scheme, or evidence of the commission of an offence against the Crimes Act 1914 or the Criminal Code that relates to the Scheme; and\n (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost, destroyed or tampered with before a warrant to seize the thing is obtained.\n (3) The monitoring powers include the power to operate equipment at the premises to see whether:\n (a) the equipment; or\n (b) a data storage device that:\n (i) is at the premises; and\n (ii) can be used with the equipment or is associated with it;\n contains information that is relevant to:\n (c) determining whether there has been compliance with the Automotive Transformation Scheme; or\n (d) assessing the correctness of information provided under the Scheme.\n (4) The monitoring powers include the following powers in relation to information described in subsection (3) found in the exercise of the power under that subsection:\n (a) the power to operate facilities at the premises to put the information in documentary form and copy the documents so produced;\n (b) the power to operate facilities at the premises to transfer the information to a disk, tape or other storage device that:\n (i) is brought to the premises for the exercise of the power; or\n (ii) is at the premises and the use of which for the purpose has been agreed in writing by the occupier of the premises;\n (c) the power to remove from the premises a disk, tape or other storage device to which the information has been transferred in exercise of the power under paragraph (b).\n\n#### Subdivision B—Obtaining consent\n\n#### 13 Consent\n\n (1) Before obtaining the consent of an occupier of premises, the authorised officer must inform the occupier that he or she may refuse consent.\n (2) An entry of an authorised officer because of an occupier’s consent is not lawful unless the occupier voluntarily consented to the entry.\n (3) An occupier’s consent may be expressed to be limited to entry during a particular period unless the consent is withdrawn before the end of that period.\n (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.\n (5) If an authorised officer is on the premises with the consent of the occupier, the authorised officer must:\n (a) show his or her identity card to the occupier, if required by the occupier; and\n (b) leave the premises if the occupier asks the authorised officer to do so.\n\n#### Subdivision C—Monitoring warrants\n\n#### 14 Application for a monitoring warrant\n\n (1) An authorised officer may apply to a magistrate for a monitoring warrant if the authorised officer wishes to find out whether the Automotive Transformation Scheme has been complied with.\n (2) An authorised officer must give the magistrate information on oath or by affirmation to support the grounds for an application under subsection (1).\n\n#### 15 When a monitoring warrant may be issued\n\n (1) If:\n (a) an authorised officer applies to a magistrate under subsection 14(1); and\n (b) the magistrate is satisfied, on the information given under subsection 14(2), that it is reasonably necessary that one or more authorised officers should have access to premises for the purposes of finding out whether the Automotive Transformation Scheme has been complied with;\n the magistrate may issue a monitoring warrant authorising one or more authorised officers to search the premises.\n (2) However, a magistrate must not issue a warrant under this section unless the authorised officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\n\n#### 16 Content of warrant\n\n If a magistrate issues a warrant, the magistrate is to state in the warrant:\n (a) a description of the premises to which the warrant relates; and\n (b) that the warrant authorises one or more authorised officers (whether or not named in the warrant):\n (i) to enter the premises; and\n (ii) to exercise the powers set out in section 12; and\n (c) whether the warrant may be executed at any time or only during particular hours; and\n (d) the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect.\n\n#### Subdivision D—Obligations and incidental powers of authorised officers\n\n#### 17 Authorised officer must produce identity card on request\n\n An authorised officer is not entitled to exercise any powers under this Division in relation to premises if:\n (a) the occupier of the premises requires the authorised officer to produce his or her identity card for inspection by the occupier; and\n (b) the authorised officer fails to comply with the requirement.\n\n#### 18 Announcement before entry\n\n An authorised officer executing a monitoring warrant must, before entering premises under the warrant:\n (a) announce that he or she is authorised to enter the premises; and\n (b) give any person at the premises an opportunity to allow entry to the premises.\n\n#### 19 Copy of warrant to be shown to occupier etc.\n\n (1) If the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the authorised officer executing the monitoring warrant or an assisting officer must make a copy of the warrant available to the person.\n (2) The authorised officer must identify himself or herself to the person at the premises.\n (3) The copy of the monitoring warrant need not include the signature of the magistrate who issued it.\n\n#### 20 Use of electronic equipment in exercising monitoring powers\n\n (1) An authorised officer or an assisting officer may operate electronic equipment already at the premises in order to exercise monitoring powers if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.\n (2) If the authorised officer or an assisting officer believes, on reasonable grounds, that:\n (a) there is on the premises material relating to information provided under the Automotive Transformation Scheme that may be accessible by operating electronic equipment on the premises; and\n (b) expert assistance is required to operate the equipment; and\n (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;\n he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard, or otherwise.\n (3) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.\n (4) The equipment may be secured:\n (a) for a period not exceeding 24 hours; or\n (b) until the equipment has been operated by the expert;\n whichever happens first.\n (5) If an authorised officer or an assisting officer believes, on reasonable grounds, that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of the period.\n (6) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to apply for an extension. The occupier is entitled to be heard in relation to that application.\n (7) The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.\n\n#### 21 Compensation for damage to electronic equipment\n\n (1) This section applies if:\n (a) as a result of electronic equipment being operated as mentioned in section 20:\n (i) damage is caused to the equipment; or\n (ii) the data recorded on the equipment is damaged; or\n (iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and\n (b) the damage or corruption occurs because:\n (i) insufficient care was exercised in selecting the person who was to operate the equipment; or\n (ii) insufficient care was exercised by the person operating the equipment.\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court for such reasonable amount of compensation as the Court determines.\n (4) In determining the amount of compensation payable under subsection (3), regard is to be had to whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n (5) Compensation is payable out of money appropriated by the Parliament.\n\n#### Subdivision E—Occupier’s rights and responsibilities\n\n#### 22 Occupier entitled to be present during execution of monitoring warrant\n\n (1) If:\n (a) a monitoring warrant is being executed; and\n (b) the occupier of the premises to which the warrant relates, or another person who apparently represents the occupier, is present at the premises;\n the person is entitled to observe the execution of the warrant.\n (2) The right to observe the execution of the warrant ceases if the person impedes that execution.\n (3) This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.\n\n#### 23 Occupier to provide authorised officer with facilities and assistance\n\n The occupier of premises to which a monitoring warrant relates, or another person who apparently represents the occupier, must provide the authorised officer executing the warrant and any assisting officer with all reasonable facilities and assistance for the effective exercise of their powers.\n\n> Note: Failure to comply with this requirement is an offence—see section 25.\n\n#### Subdivision F—Offences\n\n#### 24 Offence for failure to answer questions, produce books etc.\n\n (1) A person commits an offence if the person refuses or fails to comply with a requirement under paragraph 12(1)(e).\n\nPenalty: 6 months imprisonment.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.\n\n (3) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document if answering the question, or producing the book, record or document, would tend to incriminate the person.\n\n#### 25 Offence for failing to provide authorised officer with facilities and assistance\n\n A person commits an offence if:\n (a) the person is subject to a requirement under section 23; and\n (b) the person does an act or omits to do an act; and\n (c) the act or omission breaches the requirement.\n\nPenalty: 30 penalty units.\n\n#### Subdivision G—Miscellaneous\n\n#### 26 Magistrates—personal capacity\n\n Functions conferred personally\n (1) The functions conferred on a magistrate by sections 15 and 16 are conferred on the magistrate:\n (a) in a personal capacity; and\n (b) not as a court or a member of a court.\n Functions need not be accepted\n (2) The magistrate need not accept the functions conferred.\n Protection and immunity\n (3) A magistrate performing a function conferred by sections 15 and 16 has the same protection and immunity as if he or she were performing the function:\n (a) as the court of which the magistrate is a member; or\n (b) as a member of the court of which the magistrate is a member.\n\n## Part 3—Miscellaneous\n\n#### 27 Transitional arrangements\n\n The Automotive Transformation Scheme must provide for matters of a transitional nature relating to ACIS.\n\n> Note: Example: A matter of a transitional nature would include the recognition of eligible investments made under ACIS by persons or entities who become ATS participants.\n\n#### 27A Annual report\n\n The Secretary must include the following in the Department’s annual report for a financial year:\n (a) the total amounts of capped assistance and uncapped assistance paid to ATS participants under the Automotive Transformation Scheme during the 12 month period ending on 31 March in the financial year;\n (b) details of the progress of the Australian automotive industry towards achieving economic sustainability, environmental outcomes and workforce skills development.\n\n#### 28 Delegation\n\n (1) The Minister may, by written instrument, delegate to the Secretary all or any of the Minister’s powers under the Automotive Transformation Scheme.\n (2) The Secretary may, by written instrument, delegate to an SES employee in the Department all or any of the Secretary’s powers under the Scheme.\n (3) If a power of a prescribed kind is delegated to the Secretary under subsection (1), the Secretary may, by written instrument, delegate that power to an SES employee in the Department.\n (4) In exercising powers under a delegation under subsection (1) or (3), the delegate must comply with any directions of the Minister.\n (5) In exercising powers under a delegation under subsection (2), the delegate must comply with any directions of the Secretary.\n\n#### 29 Regulations\n\n The Governor General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":9},{"sectionNumber":"Subdivision A","sectionType":"subdivision","heading":"Assistance available","content":"An Act to provide for the establishment of the Automotive Transformation Scheme, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Automotive Transformation Scheme Act 2009.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 September 2009

2. Sections 3 to 29

1 July 2010.

However, if the ACIS Administration Amendment Act 2009 does not receive the Royal Assent before 1 July 2010, the provision(s) do not commence at all.

1 July 2010

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object\n\n (1) The object of this Act is:\n (a) to encourage competitive investment and innovation in the Australian automotive industry; and\n (b) to place the industry on an economically sustainable footing;\n by providing assistance to a participant in the Automotive Transformation Scheme based on the participant’s investment if the investment is of a kind prescribed by the Scheme.\n (2) The object is to be achieved in a way that:\n (a) improves environmental outcomes; and\n (b) promotes the development of workforce skills.\n\n#### 4 Definitions\n\n In this Act:\n\n> ACIS has the same meaning as in the former ACIS Administration Act 1999.\n\n> assisting officer, in relation to a monitoring warrant, means a person who is an authorised officer and is assisting in executing the warrant.\n\n> ATS participant means a person, entity or group registered under the Automotive Transformation Scheme.\n\n> authorised officer means a person appointed by the Secretary under the Automotive Transformation Scheme.\n\n> Automotive Transformation Scheme means the scheme prescribed for the purposes of section 5.\n\n> Federal Court means the Federal Court of Australia.\n\n> monitoring powers has the meaning given by section 12.\n\n> monitoring warrant means a warrant issued under section 15.\n\n> Secretary means the Secretary of the Department.\n\n> stage 1 means:\n\n (a) the period beginning on 1 January 2011 and ending on 31 December 2015; and\n (b) January, February and March 2016.\n\n> stage 2 means:\n\n (a) the period beginning on 1 January 2016 and ending on 31 December 2020; and\n (b) January, February and March 2021.\n\n## Part 2—The Automotive Transformation Scheme\n\n### Division 1—Making the Automotive Transformation Scheme\n\n#### 5 Making the Automotive Transformation Scheme\n\n (1) To further the object of this Act, the regulations must prescribe a scheme (the Automotive Transformation Scheme) about the following matters:\n (a) the registration of participants (ATS participants) by the Secretary;\n (b) the payment of an amount to an ATS participant if certain conditions are satisfied;\n (c) the recovery by the Commonwealth of amounts from ATS participants in prescribed circumstances;\n (d) the payment of interest by an ATS participant on an overpaid amount;\n (e) the review of decisions, and, in respect of decisions of a prescribed kind, the limitations that apply to implementing the Administrative Appeals Tribunal’s decision or a court’s decision about those prescribed kind of decisions;\n (f) the appointment of authorised officers by the Secretary;\n (g) a matter required or permitted by this Act to be included in the Scheme;\n (h) ancillary or incidental matters.\n (2) The Automotive Transformation Scheme is to be a self‑assessment scheme.\n\n#### 6 Other matters that may be included in the Automotive Transformation Scheme\n\n The Automotive Transformation Scheme may provide for any or all of the following matters:\n (a) the application process for registration;\n (b) the assessment criteria for registration;\n (c) the amount of a payment to an ATS participant;\n (d) the inalienability of an amount of a payment to an ATS participant, except with the approval of the Secretary;\n (e) the deregistration of an ATS participant.\n\n### Division 2—Assistance\n\n#### Subdivision A—Assistance available\n\n#### 7 Kinds of assistance\n\n Assistance under the Automotive Transformation Scheme is of two kinds:\n (a) capped assistance; and\n (b) uncapped assistance.\n\n#### 8 Amount of capped assistance available\n\n (1) The total amount of capped assistance under the Automotive Transformation Scheme must not exceed:\n (a) for stage 1—$1.5 billion; and\n (b) for stage 2—$1 billion.\n (2) Subject to subsection (3), the total amount of capped assistance paid in respect of a year must not exceed $300 million.\n (3) However, if the total amount of capped assistance paid in respect of a particular year is less than $300 million, the balance may be paid as capped assistance in respect of any later year within the relevant stage.\n\n> Note: Example: If the total amount of capped assistance paid in respect of the year beginning on 1 January 2012 is $270 million, the amount of capped assistance available in respect of the year beginning on 1 January 2013 is $330 million.\n\n> Note: Except for recovered amounts (dealt with under subsection (6)), capped assistance cannot be carried forward from stage 1 to stage 2.\n\n (4) Subject to subsection (6), an amount of capped assistance in respect of a year must not be paid on or after 1 April in the following year.\n (5) For the purposes of subsections (1) to (3), an amount of capped assistance recovered by the Commonwealth is treated as if it had never been paid.\n (6) To the extent that the balance referred to in subsection (3) consists of amounts of capped assistance recovered by the Commonwealth during the last year of a stage, the balance may be paid in the year following the last year of that stage. For the purposes of subsections (1) and (2), such a payment is taken to have been made in respect of the last year of that stage.\n\n#### Subdivision B—Payments of assistance\n\n#### 9 Payments\n\n Making payments\n (1) The Automotive Transformation Scheme must provide that a payment of capped or uncapped assistance to an ATS participant may only be made:\n (a) on the condition that all or part of the payment may be offset or recovered by the Commonwealth in the manner and in the circumstances provided for by the Scheme; and\n (b) on any other conditions provided for by the Scheme.\n Recovering payments\n (2) Without limiting paragraph (1)(a), the Scheme may provide that all or part of a payment of capped or uncapped assistance to an ATS participant may be recovered by the Commonwealth from a person or entity who owes, or may later owe, money to the ATS participant.\n\n#### Subdivision C—Miscellaneous\n\n#### 10 Appropriation\n\n Capped assistance under the Automotive Transformation Scheme is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n### Division 3—Monitoring powers\n\n#### Subdivision A—Powers for monitoring compliance\n\n#### 11 Authorised officer may enter premises by consent or under a monitoring warrant\n\n (1) For the purposes of:\n (a) finding out whether the Automotive Transformation Scheme has been complied with; or\n (b) assessing the correctness of information provided under the Scheme;\n an authorised officer may enter any premises if:\n (c) the occupier of the premises consents to the entry; or\n (d) the entry is made under a monitoring warrant.\n\n> Note: Paragraph (c)—see section 13.\n\n (2) An authorised officer who enters premises under subsection (1) may exercise the monitoring powers set out in section 12.\n\n#### 12 Powers available for monitoring compliance\n\n (1) An authorised officer who enters premises under subsection 11(1) may exercise the following monitoring powers:\n (a) the power to search the premises and any thing on the premises;\n (b) the power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any thing on the premises;\n (c) the power to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;\n (d) if the authorised officer entered the premises by consent—to ask any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (e) if the authorised officer was authorised to enter the premises by a monitoring warrant—to require any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (f) the power to inspect any book, record or document on the premises;\n (g) the power to take extracts from or make copies of any such book, record or document;\n (h) the power to take onto premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;\n (i) the power to operate electronic equipment, and do other things, at the premises as mentioned in section 20;\n (j) the powers set out in subsections (2), (3) and (4).\n\n> Note: Failure to comply with paragraph (1)(e) is an offence—see section 24.\n\n (2) The monitoring powers include the power to secure a thing for no more than 24 hours if:\n (a) the thing is found during the exercise of monitoring powers on the premises; and\n (b) an authorised officer believes on reasonable grounds that:\n (i) the thing affords evidence of the commission of an offence against the Automotive Transformation Scheme, or evidence of the commission of an offence against the Crimes Act 1914 or the Criminal Code that relates to the Scheme; and\n (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost, destroyed or tampered with before a warrant to seize the thing is obtained.\n (3) The monitoring powers include the power to operate equipment at the premises to see whether:\n (a) the equipment; or\n (b) a data storage device that:\n (i) is at the premises; and\n (ii) can be used with the equipment or is associated with it;\n contains information that is relevant to:\n (c) determining whether there has been compliance with the Automotive Transformation Scheme; or\n (d) assessing the correctness of information provided under the Scheme.\n (4) The monitoring powers include the following powers in relation to information described in subsection (3) found in the exercise of the power under that subsection:\n (a) the power to operate facilities at the premises to put the information in documentary form and copy the documents so produced;\n (b) the power to operate facilities at the premises to transfer the information to a disk, tape or other storage device that:\n (i) is brought to the premises for the exercise of the power; or\n (ii) is at the premises and the use of which for the purpose has been agreed in writing by the occupier of the premises;\n (c) the power to remove from the premises a disk, tape or other storage device to which the information has been transferred in exercise of the power under paragraph (b).\n\n#### Subdivision B—Obtaining consent\n\n#### 13 Consent\n\n (1) Before obtaining the consent of an occupier of premises, the authorised officer must inform the occupier that he or she may refuse consent.\n (2) An entry of an authorised officer because of an occupier’s consent is not lawful unless the occupier voluntarily consented to the entry.\n (3) An occupier’s consent may be expressed to be limited to entry during a particular period unless the consent is withdrawn before the end of that period.\n (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.\n (5) If an authorised officer is on the premises with the consent of the occupier, the authorised officer must:\n (a) show his or her identity card to the occupier, if required by the occupier; and\n (b) leave the premises if the occupier asks the authorised officer to do so.\n\n#### Subdivision C—Monitoring warrants\n\n#### 14 Application for a monitoring warrant\n\n (1) An authorised officer may apply to a magistrate for a monitoring warrant if the authorised officer wishes to find out whether the Automotive Transformation Scheme has been complied with.\n (2) An authorised officer must give the magistrate information on oath or by affirmation to support the grounds for an application under subsection (1).\n\n#### 15 When a monitoring warrant may be issued\n\n (1) If:\n (a) an authorised officer applies to a magistrate under subsection 14(1); and\n (b) the magistrate is satisfied, on the information given under subsection 14(2), that it is reasonably necessary that one or more authorised officers should have access to premises for the purposes of finding out whether the Automotive Transformation Scheme has been complied with;\n the magistrate may issue a monitoring warrant authorising one or more authorised officers to search the premises.\n (2) However, a magistrate must not issue a warrant under this section unless the authorised officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\n\n#### 16 Content of warrant\n\n If a magistrate issues a warrant, the magistrate is to state in the warrant:\n (a) a description of the premises to which the warrant relates; and\n (b) that the warrant authorises one or more authorised officers (whether or not named in the warrant):\n (i) to enter the premises; and\n (ii) to exercise the powers set out in section 12; and\n (c) whether the warrant may be executed at any time or only during particular hours; and\n (d) the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect.\n\n#### Subdivision D—Obligations and incidental powers of authorised officers\n\n#### 17 Authorised officer must produce identity card on request\n\n An authorised officer is not entitled to exercise any powers under this Division in relation to premises if:\n (a) the occupier of the premises requires the authorised officer to produce his or her identity card for inspection by the occupier; and\n (b) the authorised officer fails to comply with the requirement.\n\n#### 18 Announcement before entry\n\n An authorised officer executing a monitoring warrant must, before entering premises under the warrant:\n (a) announce that he or she is authorised to enter the premises; and\n (b) give any person at the premises an opportunity to allow entry to the premises.\n\n#### 19 Copy of warrant to be shown to occupier etc.\n\n (1) If the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the authorised officer executing the monitoring warrant or an assisting officer must make a copy of the warrant available to the person.\n (2) The authorised officer must identify himself or herself to the person at the premises.\n (3) The copy of the monitoring warrant need not include the signature of the magistrate who issued it.\n\n#### 20 Use of electronic equipment in exercising monitoring powers\n\n (1) An authorised officer or an assisting officer may operate electronic equipment already at the premises in order to exercise monitoring powers if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.\n (2) If the authorised officer or an assisting officer believes, on reasonable grounds, that:\n (a) there is on the premises material relating to information provided under the Automotive Transformation Scheme that may be accessible by operating electronic equipment on the premises; and\n (b) expert assistance is required to operate the equipment; and\n (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;\n he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard, or otherwise.\n (3) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.\n (4) The equipment may be secured:\n (a) for a period not exceeding 24 hours; or\n (b) until the equipment has been operated by the expert;\n whichever happens first.\n (5) If an authorised officer or an assisting officer believes, on reasonable grounds, that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of the period.\n (6) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to apply for an extension. The occupier is entitled to be heard in relation to that application.\n (7) The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.\n\n#### 21 Compensation for damage to electronic equipment\n\n (1) This section applies if:\n (a) as a result of electronic equipment being operated as mentioned in section 20:\n (i) damage is caused to the equipment; or\n (ii) the data recorded on the equipment is damaged; or\n (iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and\n (b) the damage or corruption occurs because:\n (i) insufficient care was exercised in selecting the person who was to operate the equipment; or\n (ii) insufficient care was exercised by the person operating the equipment.\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court for such reasonable amount of compensation as the Court determines.\n (4) In determining the amount of compensation payable under subsection (3), regard is to be had to whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n (5) Compensation is payable out of money appropriated by the Parliament.\n\n#### Subdivision E—Occupier’s rights and responsibilities\n\n#### 22 Occupier entitled to be present during execution of monitoring warrant\n\n (1) If:\n (a) a monitoring warrant is being executed; and\n (b) the occupier of the premises to which the warrant relates, or another person who apparently represents the occupier, is present at the premises;\n the person is entitled to observe the execution of the warrant.\n (2) The right to observe the execution of the warrant ceases if the person impedes that execution.\n (3) This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.\n\n#### 23 Occupier to provide authorised officer with facilities and assistance\n\n The occupier of premises to which a monitoring warrant relates, or another person who apparently represents the occupier, must provide the authorised officer executing the warrant and any assisting officer with all reasonable facilities and assistance for the effective exercise of their powers.\n\n> Note: Failure to comply with this requirement is an offence—see section 25.\n\n#### Subdivision F—Offences\n\n#### 24 Offence for failure to answer questions, produce books etc.\n\n (1) A person commits an offence if the person refuses or fails to comply with a requirement under paragraph 12(1)(e).\n\nPenalty: 6 months imprisonment.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.\n\n (3) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document if answering the question, or producing the book, record or document, would tend to incriminate the person.\n\n#### 25 Offence for failing to provide authorised officer with facilities and assistance\n\n A person commits an offence if:\n (a) the person is subject to a requirement under section 23; and\n (b) the person does an act or omits to do an act; and\n (c) the act or omission breaches the requirement.\n\nPenalty: 30 penalty units.\n\n#### Subdivision G—Miscellaneous\n\n#### 26 Magistrates—personal capacity\n\n Functions conferred personally\n (1) The functions conferred on a magistrate by sections 15 and 16 are conferred on the magistrate:\n (a) in a personal capacity; and\n (b) not as a court or a member of a court.\n Functions need not be accepted\n (2) The magistrate need not accept the functions conferred.\n Protection and immunity\n (3) A magistrate performing a function conferred by sections 15 and 16 has the same protection and immunity as if he or she were performing the function:\n (a) as the court of which the magistrate is a member; or\n (b) as a member of the court of which the magistrate is a member.\n\n## Part 3—Miscellaneous\n\n#### 27 Transitional arrangements\n\n The Automotive Transformation Scheme must provide for matters of a transitional nature relating to ACIS.\n\n> Note: Example: A matter of a transitional nature would include the recognition of eligible investments made under ACIS by persons or entities who become ATS participants.\n\n#### 27A Annual report\n\n The Secretary must include the following in the Department’s annual report for a financial year:\n (a) the total amounts of capped assistance and uncapped assistance paid to ATS participants under the Automotive Transformation Scheme during the 12 month period ending on 31 March in the financial year;\n (b) details of the progress of the Australian automotive industry towards achieving economic sustainability, environmental outcomes and workforce skills development.\n\n#### 28 Delegation\n\n (1) The Minister may, by written instrument, delegate to the Secretary all or any of the Minister’s powers under the Automotive Transformation Scheme.\n (2) The Secretary may, by written instrument, delegate to an SES employee in the Department all or any of the Secretary’s powers under the Scheme.\n (3) If a power of a prescribed kind is delegated to the Secretary under subsection (1), the Secretary may, by written instrument, delegate that power to an SES employee in the Department.\n (4) In exercising powers under a delegation under subsection (1) or (3), the delegate must comply with any directions of the Minister.\n (5) In exercising powers under a delegation under subsection (2), the delegate must comply with any directions of the Secretary.\n\n#### 29 Regulations\n\n The Governor General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Kinds of assistance","content":"#### 7 Kinds of assistance\n\n Assistance under the Automotive Transformation Scheme is of two kinds:\n (a) capped assistance; and\n (b) uncapped assistance.","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Amount of capped assistance available","content":"#### 8 Amount of capped assistance available\n\n (1) The total amount of capped assistance under the Automotive Transformation Scheme must not exceed:\n (a) for stage 1—$1.5 billion; and\n (b) for stage 2—$1 billion.\n (2) Subject to subsection (3), the total amount of capped assistance paid in respect of a year must not exceed $300 million.\n (3) However, if the total amount of capped assistance paid in respect of a particular year is less than $300 million, the balance may be paid as capped assistance in respect of any later year within the relevant stage.\n\n> Note: Example: If the total amount of capped assistance paid in respect of the year beginning on 1 January 2012 is $270 million, the amount of capped assistance available in respect of the year beginning on 1 January 2013 is $330 million.\n\n> Note: Except for recovered amounts (dealt with under subsection (6)), capped assistance cannot be carried forward from stage 1 to stage 2.\n\n (4) Subject to subsection (6), an amount of capped assistance in respect of a year must not be paid on or after 1 April in the following year.\n (5) For the purposes of subsections (1) to (3), an amount of capped assistance recovered by the Commonwealth is treated as if it had never been paid.\n (6) To the extent that the balance referred to in subsection (3) consists of amounts of capped assistance recovered by the Commonwealth during the last year of a stage, the balance may be paid in the year following the last year of that stage. For the purposes of subsections (1) and (2), such a payment is taken to have been made in respect of the last year of that stage.","sortOrder":12},{"sectionNumber":"Subdivision B","sectionType":"subdivision","heading":"Payments of assistance","content":"An Act to provide for the establishment of the Automotive Transformation Scheme, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Automotive Transformation Scheme Act 2009.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 September 2009

2. Sections 3 to 29

1 July 2010.

However, if the ACIS Administration Amendment Act 2009 does not receive the Royal Assent before 1 July 2010, the provision(s) do not commence at all.

1 July 2010

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object\n\n (1) The object of this Act is:\n (a) to encourage competitive investment and innovation in the Australian automotive industry; and\n (b) to place the industry on an economically sustainable footing;\n by providing assistance to a participant in the Automotive Transformation Scheme based on the participant’s investment if the investment is of a kind prescribed by the Scheme.\n (2) The object is to be achieved in a way that:\n (a) improves environmental outcomes; and\n (b) promotes the development of workforce skills.\n\n#### 4 Definitions\n\n In this Act:\n\n> ACIS has the same meaning as in the former ACIS Administration Act 1999.\n\n> assisting officer, in relation to a monitoring warrant, means a person who is an authorised officer and is assisting in executing the warrant.\n\n> ATS participant means a person, entity or group registered under the Automotive Transformation Scheme.\n\n> authorised officer means a person appointed by the Secretary under the Automotive Transformation Scheme.\n\n> Automotive Transformation Scheme means the scheme prescribed for the purposes of section 5.\n\n> Federal Court means the Federal Court of Australia.\n\n> monitoring powers has the meaning given by section 12.\n\n> monitoring warrant means a warrant issued under section 15.\n\n> Secretary means the Secretary of the Department.\n\n> stage 1 means:\n\n (a) the period beginning on 1 January 2011 and ending on 31 December 2015; and\n (b) January, February and March 2016.\n\n> stage 2 means:\n\n (a) the period beginning on 1 January 2016 and ending on 31 December 2020; and\n (b) January, February and March 2021.\n\n## Part 2—The Automotive Transformation Scheme\n\n### Division 1—Making the Automotive Transformation Scheme\n\n#### 5 Making the Automotive Transformation Scheme\n\n (1) To further the object of this Act, the regulations must prescribe a scheme (the Automotive Transformation Scheme) about the following matters:\n (a) the registration of participants (ATS participants) by the Secretary;\n (b) the payment of an amount to an ATS participant if certain conditions are satisfied;\n (c) the recovery by the Commonwealth of amounts from ATS participants in prescribed circumstances;\n (d) the payment of interest by an ATS participant on an overpaid amount;\n (e) the review of decisions, and, in respect of decisions of a prescribed kind, the limitations that apply to implementing the Administrative Appeals Tribunal’s decision or a court’s decision about those prescribed kind of decisions;\n (f) the appointment of authorised officers by the Secretary;\n (g) a matter required or permitted by this Act to be included in the Scheme;\n (h) ancillary or incidental matters.\n (2) The Automotive Transformation Scheme is to be a self‑assessment scheme.\n\n#### 6 Other matters that may be included in the Automotive Transformation Scheme\n\n The Automotive Transformation Scheme may provide for any or all of the following matters:\n (a) the application process for registration;\n (b) the assessment criteria for registration;\n (c) the amount of a payment to an ATS participant;\n (d) the inalienability of an amount of a payment to an ATS participant, except with the approval of the Secretary;\n (e) the deregistration of an ATS participant.\n\n### Division 2—Assistance\n\n#### Subdivision A—Assistance available\n\n#### 7 Kinds of assistance\n\n Assistance under the Automotive Transformation Scheme is of two kinds:\n (a) capped assistance; and\n (b) uncapped assistance.\n\n#### 8 Amount of capped assistance available\n\n (1) The total amount of capped assistance under the Automotive Transformation Scheme must not exceed:\n (a) for stage 1—$1.5 billion; and\n (b) for stage 2—$1 billion.\n (2) Subject to subsection (3), the total amount of capped assistance paid in respect of a year must not exceed $300 million.\n (3) However, if the total amount of capped assistance paid in respect of a particular year is less than $300 million, the balance may be paid as capped assistance in respect of any later year within the relevant stage.\n\n> Note: Example: If the total amount of capped assistance paid in respect of the year beginning on 1 January 2012 is $270 million, the amount of capped assistance available in respect of the year beginning on 1 January 2013 is $330 million.\n\n> Note: Except for recovered amounts (dealt with under subsection (6)), capped assistance cannot be carried forward from stage 1 to stage 2.\n\n (4) Subject to subsection (6), an amount of capped assistance in respect of a year must not be paid on or after 1 April in the following year.\n (5) For the purposes of subsections (1) to (3), an amount of capped assistance recovered by the Commonwealth is treated as if it had never been paid.\n (6) To the extent that the balance referred to in subsection (3) consists of amounts of capped assistance recovered by the Commonwealth during the last year of a stage, the balance may be paid in the year following the last year of that stage. For the purposes of subsections (1) and (2), such a payment is taken to have been made in respect of the last year of that stage.\n\n#### Subdivision B—Payments of assistance\n\n#### 9 Payments\n\n Making payments\n (1) The Automotive Transformation Scheme must provide that a payment of capped or uncapped assistance to an ATS participant may only be made:\n (a) on the condition that all or part of the payment may be offset or recovered by the Commonwealth in the manner and in the circumstances provided for by the Scheme; and\n (b) on any other conditions provided for by the Scheme.\n Recovering payments\n (2) Without limiting paragraph (1)(a), the Scheme may provide that all or part of a payment of capped or uncapped assistance to an ATS participant may be recovered by the Commonwealth from a person or entity who owes, or may later owe, money to the ATS participant.\n\n#### Subdivision C—Miscellaneous\n\n#### 10 Appropriation\n\n Capped assistance under the Automotive Transformation Scheme is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n### Division 3—Monitoring powers\n\n#### Subdivision A—Powers for monitoring compliance\n\n#### 11 Authorised officer may enter premises by consent or under a monitoring warrant\n\n (1) For the purposes of:\n (a) finding out whether the Automotive Transformation Scheme has been complied with; or\n (b) assessing the correctness of information provided under the Scheme;\n an authorised officer may enter any premises if:\n (c) the occupier of the premises consents to the entry; or\n (d) the entry is made under a monitoring warrant.\n\n> Note: Paragraph (c)—see section 13.\n\n (2) An authorised officer who enters premises under subsection (1) may exercise the monitoring powers set out in section 12.\n\n#### 12 Powers available for monitoring compliance\n\n (1) An authorised officer who enters premises under subsection 11(1) may exercise the following monitoring powers:\n (a) the power to search the premises and any thing on the premises;\n (b) the power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any thing on the premises;\n (c) the power to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;\n (d) if the authorised officer entered the premises by consent—to ask any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (e) if the authorised officer was authorised to enter the premises by a monitoring warrant—to require any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (f) the power to inspect any book, record or document on the premises;\n (g) the power to take extracts from or make copies of any such book, record or document;\n (h) the power to take onto premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;\n (i) the power to operate electronic equipment, and do other things, at the premises as mentioned in section 20;\n (j) the powers set out in subsections (2), (3) and (4).\n\n> Note: Failure to comply with paragraph (1)(e) is an offence—see section 24.\n\n (2) The monitoring powers include the power to secure a thing for no more than 24 hours if:\n (a) the thing is found during the exercise of monitoring powers on the premises; and\n (b) an authorised officer believes on reasonable grounds that:\n (i) the thing affords evidence of the commission of an offence against the Automotive Transformation Scheme, or evidence of the commission of an offence against the Crimes Act 1914 or the Criminal Code that relates to the Scheme; and\n (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost, destroyed or tampered with before a warrant to seize the thing is obtained.\n (3) The monitoring powers include the power to operate equipment at the premises to see whether:\n (a) the equipment; or\n (b) a data storage device that:\n (i) is at the premises; and\n (ii) can be used with the equipment or is associated with it;\n contains information that is relevant to:\n (c) determining whether there has been compliance with the Automotive Transformation Scheme; or\n (d) assessing the correctness of information provided under the Scheme.\n (4) The monitoring powers include the following powers in relation to information described in subsection (3) found in the exercise of the power under that subsection:\n (a) the power to operate facilities at the premises to put the information in documentary form and copy the documents so produced;\n (b) the power to operate facilities at the premises to transfer the information to a disk, tape or other storage device that:\n (i) is brought to the premises for the exercise of the power; or\n (ii) is at the premises and the use of which for the purpose has been agreed in writing by the occupier of the premises;\n (c) the power to remove from the premises a disk, tape or other storage device to which the information has been transferred in exercise of the power under paragraph (b).\n\n#### Subdivision B—Obtaining consent\n\n#### 13 Consent\n\n (1) Before obtaining the consent of an occupier of premises, the authorised officer must inform the occupier that he or she may refuse consent.\n (2) An entry of an authorised officer because of an occupier’s consent is not lawful unless the occupier voluntarily consented to the entry.\n (3) An occupier’s consent may be expressed to be limited to entry during a particular period unless the consent is withdrawn before the end of that period.\n (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.\n (5) If an authorised officer is on the premises with the consent of the occupier, the authorised officer must:\n (a) show his or her identity card to the occupier, if required by the occupier; and\n (b) leave the premises if the occupier asks the authorised officer to do so.\n\n#### Subdivision C—Monitoring warrants\n\n#### 14 Application for a monitoring warrant\n\n (1) An authorised officer may apply to a magistrate for a monitoring warrant if the authorised officer wishes to find out whether the Automotive Transformation Scheme has been complied with.\n (2) An authorised officer must give the magistrate information on oath or by affirmation to support the grounds for an application under subsection (1).\n\n#### 15 When a monitoring warrant may be issued\n\n (1) If:\n (a) an authorised officer applies to a magistrate under subsection 14(1); and\n (b) the magistrate is satisfied, on the information given under subsection 14(2), that it is reasonably necessary that one or more authorised officers should have access to premises for the purposes of finding out whether the Automotive Transformation Scheme has been complied with;\n the magistrate may issue a monitoring warrant authorising one or more authorised officers to search the premises.\n (2) However, a magistrate must not issue a warrant under this section unless the authorised officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\n\n#### 16 Content of warrant\n\n If a magistrate issues a warrant, the magistrate is to state in the warrant:\n (a) a description of the premises to which the warrant relates; and\n (b) that the warrant authorises one or more authorised officers (whether or not named in the warrant):\n (i) to enter the premises; and\n (ii) to exercise the powers set out in section 12; and\n (c) whether the warrant may be executed at any time or only during particular hours; and\n (d) the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect.\n\n#### Subdivision D—Obligations and incidental powers of authorised officers\n\n#### 17 Authorised officer must produce identity card on request\n\n An authorised officer is not entitled to exercise any powers under this Division in relation to premises if:\n (a) the occupier of the premises requires the authorised officer to produce his or her identity card for inspection by the occupier; and\n (b) the authorised officer fails to comply with the requirement.\n\n#### 18 Announcement before entry\n\n An authorised officer executing a monitoring warrant must, before entering premises under the warrant:\n (a) announce that he or she is authorised to enter the premises; and\n (b) give any person at the premises an opportunity to allow entry to the premises.\n\n#### 19 Copy of warrant to be shown to occupier etc.\n\n (1) If the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the authorised officer executing the monitoring warrant or an assisting officer must make a copy of the warrant available to the person.\n (2) The authorised officer must identify himself or herself to the person at the premises.\n (3) The copy of the monitoring warrant need not include the signature of the magistrate who issued it.\n\n#### 20 Use of electronic equipment in exercising monitoring powers\n\n (1) An authorised officer or an assisting officer may operate electronic equipment already at the premises in order to exercise monitoring powers if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.\n (2) If the authorised officer or an assisting officer believes, on reasonable grounds, that:\n (a) there is on the premises material relating to information provided under the Automotive Transformation Scheme that may be accessible by operating electronic equipment on the premises; and\n (b) expert assistance is required to operate the equipment; and\n (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;\n he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard, or otherwise.\n (3) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.\n (4) The equipment may be secured:\n (a) for a period not exceeding 24 hours; or\n (b) until the equipment has been operated by the expert;\n whichever happens first.\n (5) If an authorised officer or an assisting officer believes, on reasonable grounds, that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of the period.\n (6) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to apply for an extension. The occupier is entitled to be heard in relation to that application.\n (7) The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.\n\n#### 21 Compensation for damage to electronic equipment\n\n (1) This section applies if:\n (a) as a result of electronic equipment being operated as mentioned in section 20:\n (i) damage is caused to the equipment; or\n (ii) the data recorded on the equipment is damaged; or\n (iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and\n (b) the damage or corruption occurs because:\n (i) insufficient care was exercised in selecting the person who was to operate the equipment; or\n (ii) insufficient care was exercised by the person operating the equipment.\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court for such reasonable amount of compensation as the Court determines.\n (4) In determining the amount of compensation payable under subsection (3), regard is to be had to whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n (5) Compensation is payable out of money appropriated by the Parliament.\n\n#### Subdivision E—Occupier’s rights and responsibilities\n\n#### 22 Occupier entitled to be present during execution of monitoring warrant\n\n (1) If:\n (a) a monitoring warrant is being executed; and\n (b) the occupier of the premises to which the warrant relates, or another person who apparently represents the occupier, is present at the premises;\n the person is entitled to observe the execution of the warrant.\n (2) The right to observe the execution of the warrant ceases if the person impedes that execution.\n (3) This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.\n\n#### 23 Occupier to provide authorised officer with facilities and assistance\n\n The occupier of premises to which a monitoring warrant relates, or another person who apparently represents the occupier, must provide the authorised officer executing the warrant and any assisting officer with all reasonable facilities and assistance for the effective exercise of their powers.\n\n> Note: Failure to comply with this requirement is an offence—see section 25.\n\n#### Subdivision F—Offences\n\n#### 24 Offence for failure to answer questions, produce books etc.\n\n (1) A person commits an offence if the person refuses or fails to comply with a requirement under paragraph 12(1)(e).\n\nPenalty: 6 months imprisonment.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.\n\n (3) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document if answering the question, or producing the book, record or document, would tend to incriminate the person.\n\n#### 25 Offence for failing to provide authorised officer with facilities and assistance\n\n A person commits an offence if:\n (a) the person is subject to a requirement under section 23; and\n (b) the person does an act or omits to do an act; and\n (c) the act or omission breaches the requirement.\n\nPenalty: 30 penalty units.\n\n#### Subdivision G—Miscellaneous\n\n#### 26 Magistrates—personal capacity\n\n Functions conferred personally\n (1) The functions conferred on a magistrate by sections 15 and 16 are conferred on the magistrate:\n (a) in a personal capacity; and\n (b) not as a court or a member of a court.\n Functions need not be accepted\n (2) The magistrate need not accept the functions conferred.\n Protection and immunity\n (3) A magistrate performing a function conferred by sections 15 and 16 has the same protection and immunity as if he or she were performing the function:\n (a) as the court of which the magistrate is a member; or\n (b) as a member of the court of which the magistrate is a member.\n\n## Part 3—Miscellaneous\n\n#### 27 Transitional arrangements\n\n The Automotive Transformation Scheme must provide for matters of a transitional nature relating to ACIS.\n\n> Note: Example: A matter of a transitional nature would include the recognition of eligible investments made under ACIS by persons or entities who become ATS participants.\n\n#### 27A Annual report\n\n The Secretary must include the following in the Department’s annual report for a financial year:\n (a) the total amounts of capped assistance and uncapped assistance paid to ATS participants under the Automotive Transformation Scheme during the 12 month period ending on 31 March in the financial year;\n (b) details of the progress of the Australian automotive industry towards achieving economic sustainability, environmental outcomes and workforce skills development.\n\n#### 28 Delegation\n\n (1) The Minister may, by written instrument, delegate to the Secretary all or any of the Minister’s powers under the Automotive Transformation Scheme.\n (2) The Secretary may, by written instrument, delegate to an SES employee in the Department all or any of the Secretary’s powers under the Scheme.\n (3) If a power of a prescribed kind is delegated to the Secretary under subsection (1), the Secretary may, by written instrument, delegate that power to an SES employee in the Department.\n (4) In exercising powers under a delegation under subsection (1) or (3), the delegate must comply with any directions of the Minister.\n (5) In exercising powers under a delegation under subsection (2), the delegate must comply with any directions of the Secretary.\n\n#### 29 Regulations\n\n The Governor General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Payments","content":"#### 9 Payments\n\n Making payments\n (1) The Automotive Transformation Scheme must provide that a payment of capped or uncapped assistance to an ATS participant may only be made:\n (a) on the condition that all or part of the payment may be offset or recovered by the Commonwealth in the manner and in the circumstances provided for by the Scheme; and\n (b) on any other conditions provided for by the Scheme.\n Recovering payments\n (2) Without limiting paragraph (1)(a), the Scheme may provide that all or part of a payment of capped or uncapped assistance to an ATS participant may be recovered by the Commonwealth from a person or entity who owes, or may later owe, money to the ATS participant.","sortOrder":14},{"sectionNumber":"Subdivision C","sectionType":"subdivision","heading":"Miscellaneous","content":"An Act to provide for the establishment of the Automotive Transformation Scheme, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Automotive Transformation Scheme Act 2009.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 September 2009

2. Sections 3 to 29

1 July 2010.

However, if the ACIS Administration Amendment Act 2009 does not receive the Royal Assent before 1 July 2010, the provision(s) do not commence at all.

1 July 2010

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object\n\n (1) The object of this Act is:\n (a) to encourage competitive investment and innovation in the Australian automotive industry; and\n (b) to place the industry on an economically sustainable footing;\n by providing assistance to a participant in the Automotive Transformation Scheme based on the participant’s investment if the investment is of a kind prescribed by the Scheme.\n (2) The object is to be achieved in a way that:\n (a) improves environmental outcomes; and\n (b) promotes the development of workforce skills.\n\n#### 4 Definitions\n\n In this Act:\n\n> ACIS has the same meaning as in the former ACIS Administration Act 1999.\n\n> assisting officer, in relation to a monitoring warrant, means a person who is an authorised officer and is assisting in executing the warrant.\n\n> ATS participant means a person, entity or group registered under the Automotive Transformation Scheme.\n\n> authorised officer means a person appointed by the Secretary under the Automotive Transformation Scheme.\n\n> Automotive Transformation Scheme means the scheme prescribed for the purposes of section 5.\n\n> Federal Court means the Federal Court of Australia.\n\n> monitoring powers has the meaning given by section 12.\n\n> monitoring warrant means a warrant issued under section 15.\n\n> Secretary means the Secretary of the Department.\n\n> stage 1 means:\n\n (a) the period beginning on 1 January 2011 and ending on 31 December 2015; and\n (b) January, February and March 2016.\n\n> stage 2 means:\n\n (a) the period beginning on 1 January 2016 and ending on 31 December 2020; and\n (b) January, February and March 2021.\n\n## Part 2—The Automotive Transformation Scheme\n\n### Division 1—Making the Automotive Transformation Scheme\n\n#### 5 Making the Automotive Transformation Scheme\n\n (1) To further the object of this Act, the regulations must prescribe a scheme (the Automotive Transformation Scheme) about the following matters:\n (a) the registration of participants (ATS participants) by the Secretary;\n (b) the payment of an amount to an ATS participant if certain conditions are satisfied;\n (c) the recovery by the Commonwealth of amounts from ATS participants in prescribed circumstances;\n (d) the payment of interest by an ATS participant on an overpaid amount;\n (e) the review of decisions, and, in respect of decisions of a prescribed kind, the limitations that apply to implementing the Administrative Appeals Tribunal’s decision or a court’s decision about those prescribed kind of decisions;\n (f) the appointment of authorised officers by the Secretary;\n (g) a matter required or permitted by this Act to be included in the Scheme;\n (h) ancillary or incidental matters.\n (2) The Automotive Transformation Scheme is to be a self‑assessment scheme.\n\n#### 6 Other matters that may be included in the Automotive Transformation Scheme\n\n The Automotive Transformation Scheme may provide for any or all of the following matters:\n (a) the application process for registration;\n (b) the assessment criteria for registration;\n (c) the amount of a payment to an ATS participant;\n (d) the inalienability of an amount of a payment to an ATS participant, except with the approval of the Secretary;\n (e) the deregistration of an ATS participant.\n\n### Division 2—Assistance\n\n#### Subdivision A—Assistance available\n\n#### 7 Kinds of assistance\n\n Assistance under the Automotive Transformation Scheme is of two kinds:\n (a) capped assistance; and\n (b) uncapped assistance.\n\n#### 8 Amount of capped assistance available\n\n (1) The total amount of capped assistance under the Automotive Transformation Scheme must not exceed:\n (a) for stage 1—$1.5 billion; and\n (b) for stage 2—$1 billion.\n (2) Subject to subsection (3), the total amount of capped assistance paid in respect of a year must not exceed $300 million.\n (3) However, if the total amount of capped assistance paid in respect of a particular year is less than $300 million, the balance may be paid as capped assistance in respect of any later year within the relevant stage.\n\n> Note: Example: If the total amount of capped assistance paid in respect of the year beginning on 1 January 2012 is $270 million, the amount of capped assistance available in respect of the year beginning on 1 January 2013 is $330 million.\n\n> Note: Except for recovered amounts (dealt with under subsection (6)), capped assistance cannot be carried forward from stage 1 to stage 2.\n\n (4) Subject to subsection (6), an amount of capped assistance in respect of a year must not be paid on or after 1 April in the following year.\n (5) For the purposes of subsections (1) to (3), an amount of capped assistance recovered by the Commonwealth is treated as if it had never been paid.\n (6) To the extent that the balance referred to in subsection (3) consists of amounts of capped assistance recovered by the Commonwealth during the last year of a stage, the balance may be paid in the year following the last year of that stage. For the purposes of subsections (1) and (2), such a payment is taken to have been made in respect of the last year of that stage.\n\n#### Subdivision B—Payments of assistance\n\n#### 9 Payments\n\n Making payments\n (1) The Automotive Transformation Scheme must provide that a payment of capped or uncapped assistance to an ATS participant may only be made:\n (a) on the condition that all or part of the payment may be offset or recovered by the Commonwealth in the manner and in the circumstances provided for by the Scheme; and\n (b) on any other conditions provided for by the Scheme.\n Recovering payments\n (2) Without limiting paragraph (1)(a), the Scheme may provide that all or part of a payment of capped or uncapped assistance to an ATS participant may be recovered by the Commonwealth from a person or entity who owes, or may later owe, money to the ATS participant.\n\n#### Subdivision C—Miscellaneous\n\n#### 10 Appropriation\n\n Capped assistance under the Automotive Transformation Scheme is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n### Division 3—Monitoring powers\n\n#### Subdivision A—Powers for monitoring compliance\n\n#### 11 Authorised officer may enter premises by consent or under a monitoring warrant\n\n (1) For the purposes of:\n (a) finding out whether the Automotive Transformation Scheme has been complied with; or\n (b) assessing the correctness of information provided under the Scheme;\n an authorised officer may enter any premises if:\n (c) the occupier of the premises consents to the entry; or\n (d) the entry is made under a monitoring warrant.\n\n> Note: Paragraph (c)—see section 13.\n\n (2) An authorised officer who enters premises under subsection (1) may exercise the monitoring powers set out in section 12.\n\n#### 12 Powers available for monitoring compliance\n\n (1) An authorised officer who enters premises under subsection 11(1) may exercise the following monitoring powers:\n (a) the power to search the premises and any thing on the premises;\n (b) the power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any thing on the premises;\n (c) the power to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;\n (d) if the authorised officer entered the premises by consent—to ask any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (e) if the authorised officer was authorised to enter the premises by a monitoring warrant—to require any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (f) the power to inspect any book, record or document on the premises;\n (g) the power to take extracts from or make copies of any such book, record or document;\n (h) the power to take onto premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;\n (i) the power to operate electronic equipment, and do other things, at the premises as mentioned in section 20;\n (j) the powers set out in subsections (2), (3) and (4).\n\n> Note: Failure to comply with paragraph (1)(e) is an offence—see section 24.\n\n (2) The monitoring powers include the power to secure a thing for no more than 24 hours if:\n (a) the thing is found during the exercise of monitoring powers on the premises; and\n (b) an authorised officer believes on reasonable grounds that:\n (i) the thing affords evidence of the commission of an offence against the Automotive Transformation Scheme, or evidence of the commission of an offence against the Crimes Act 1914 or the Criminal Code that relates to the Scheme; and\n (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost, destroyed or tampered with before a warrant to seize the thing is obtained.\n (3) The monitoring powers include the power to operate equipment at the premises to see whether:\n (a) the equipment; or\n (b) a data storage device that:\n (i) is at the premises; and\n (ii) can be used with the equipment or is associated with it;\n contains information that is relevant to:\n (c) determining whether there has been compliance with the Automotive Transformation Scheme; or\n (d) assessing the correctness of information provided under the Scheme.\n (4) The monitoring powers include the following powers in relation to information described in subsection (3) found in the exercise of the power under that subsection:\n (a) the power to operate facilities at the premises to put the information in documentary form and copy the documents so produced;\n (b) the power to operate facilities at the premises to transfer the information to a disk, tape or other storage device that:\n (i) is brought to the premises for the exercise of the power; or\n (ii) is at the premises and the use of which for the purpose has been agreed in writing by the occupier of the premises;\n (c) the power to remove from the premises a disk, tape or other storage device to which the information has been transferred in exercise of the power under paragraph (b).\n\n#### Subdivision B—Obtaining consent\n\n#### 13 Consent\n\n (1) Before obtaining the consent of an occupier of premises, the authorised officer must inform the occupier that he or she may refuse consent.\n (2) An entry of an authorised officer because of an occupier’s consent is not lawful unless the occupier voluntarily consented to the entry.\n (3) An occupier’s consent may be expressed to be limited to entry during a particular period unless the consent is withdrawn before the end of that period.\n (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.\n (5) If an authorised officer is on the premises with the consent of the occupier, the authorised officer must:\n (a) show his or her identity card to the occupier, if required by the occupier; and\n (b) leave the premises if the occupier asks the authorised officer to do so.\n\n#### Subdivision C—Monitoring warrants\n\n#### 14 Application for a monitoring warrant\n\n (1) An authorised officer may apply to a magistrate for a monitoring warrant if the authorised officer wishes to find out whether the Automotive Transformation Scheme has been complied with.\n (2) An authorised officer must give the magistrate information on oath or by affirmation to support the grounds for an application under subsection (1).\n\n#### 15 When a monitoring warrant may be issued\n\n (1) If:\n (a) an authorised officer applies to a magistrate under subsection 14(1); and\n (b) the magistrate is satisfied, on the information given under subsection 14(2), that it is reasonably necessary that one or more authorised officers should have access to premises for the purposes of finding out whether the Automotive Transformation Scheme has been complied with;\n the magistrate may issue a monitoring warrant authorising one or more authorised officers to search the premises.\n (2) However, a magistrate must not issue a warrant under this section unless the authorised officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\n\n#### 16 Content of warrant\n\n If a magistrate issues a warrant, the magistrate is to state in the warrant:\n (a) a description of the premises to which the warrant relates; and\n (b) that the warrant authorises one or more authorised officers (whether or not named in the warrant):\n (i) to enter the premises; and\n (ii) to exercise the powers set out in section 12; and\n (c) whether the warrant may be executed at any time or only during particular hours; and\n (d) the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect.\n\n#### Subdivision D—Obligations and incidental powers of authorised officers\n\n#### 17 Authorised officer must produce identity card on request\n\n An authorised officer is not entitled to exercise any powers under this Division in relation to premises if:\n (a) the occupier of the premises requires the authorised officer to produce his or her identity card for inspection by the occupier; and\n (b) the authorised officer fails to comply with the requirement.\n\n#### 18 Announcement before entry\n\n An authorised officer executing a monitoring warrant must, before entering premises under the warrant:\n (a) announce that he or she is authorised to enter the premises; and\n (b) give any person at the premises an opportunity to allow entry to the premises.\n\n#### 19 Copy of warrant to be shown to occupier etc.\n\n (1) If the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the authorised officer executing the monitoring warrant or an assisting officer must make a copy of the warrant available to the person.\n (2) The authorised officer must identify himself or herself to the person at the premises.\n (3) The copy of the monitoring warrant need not include the signature of the magistrate who issued it.\n\n#### 20 Use of electronic equipment in exercising monitoring powers\n\n (1) An authorised officer or an assisting officer may operate electronic equipment already at the premises in order to exercise monitoring powers if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.\n (2) If the authorised officer or an assisting officer believes, on reasonable grounds, that:\n (a) there is on the premises material relating to information provided under the Automotive Transformation Scheme that may be accessible by operating electronic equipment on the premises; and\n (b) expert assistance is required to operate the equipment; and\n (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;\n he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard, or otherwise.\n (3) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.\n (4) The equipment may be secured:\n (a) for a period not exceeding 24 hours; or\n (b) until the equipment has been operated by the expert;\n whichever happens first.\n (5) If an authorised officer or an assisting officer believes, on reasonable grounds, that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of the period.\n (6) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to apply for an extension. The occupier is entitled to be heard in relation to that application.\n (7) The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.\n\n#### 21 Compensation for damage to electronic equipment\n\n (1) This section applies if:\n (a) as a result of electronic equipment being operated as mentioned in section 20:\n (i) damage is caused to the equipment; or\n (ii) the data recorded on the equipment is damaged; or\n (iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and\n (b) the damage or corruption occurs because:\n (i) insufficient care was exercised in selecting the person who was to operate the equipment; or\n (ii) insufficient care was exercised by the person operating the equipment.\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court for such reasonable amount of compensation as the Court determines.\n (4) In determining the amount of compensation payable under subsection (3), regard is to be had to whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n (5) Compensation is payable out of money appropriated by the Parliament.\n\n#### Subdivision E—Occupier’s rights and responsibilities\n\n#### 22 Occupier entitled to be present during execution of monitoring warrant\n\n (1) If:\n (a) a monitoring warrant is being executed; and\n (b) the occupier of the premises to which the warrant relates, or another person who apparently represents the occupier, is present at the premises;\n the person is entitled to observe the execution of the warrant.\n (2) The right to observe the execution of the warrant ceases if the person impedes that execution.\n (3) This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.\n\n#### 23 Occupier to provide authorised officer with facilities and assistance\n\n The occupier of premises to which a monitoring warrant relates, or another person who apparently represents the occupier, must provide the authorised officer executing the warrant and any assisting officer with all reasonable facilities and assistance for the effective exercise of their powers.\n\n> Note: Failure to comply with this requirement is an offence—see section 25.\n\n#### Subdivision F—Offences\n\n#### 24 Offence for failure to answer questions, produce books etc.\n\n (1) A person commits an offence if the person refuses or fails to comply with a requirement under paragraph 12(1)(e).\n\nPenalty: 6 months imprisonment.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.\n\n (3) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document if answering the question, or producing the book, record or document, would tend to incriminate the person.\n\n#### 25 Offence for failing to provide authorised officer with facilities and assistance\n\n A person commits an offence if:\n (a) the person is subject to a requirement under section 23; and\n (b) the person does an act or omits to do an act; and\n (c) the act or omission breaches the requirement.\n\nPenalty: 30 penalty units.\n\n#### Subdivision G—Miscellaneous\n\n#### 26 Magistrates—personal capacity\n\n Functions conferred personally\n (1) The functions conferred on a magistrate by sections 15 and 16 are conferred on the magistrate:\n (a) in a personal capacity; and\n (b) not as a court or a member of a court.\n Functions need not be accepted\n (2) The magistrate need not accept the functions conferred.\n Protection and immunity\n (3) A magistrate performing a function conferred by sections 15 and 16 has the same protection and immunity as if he or she were performing the function:\n (a) as the court of which the magistrate is a member; or\n (b) as a member of the court of which the magistrate is a member.\n\n## Part 3—Miscellaneous\n\n#### 27 Transitional arrangements\n\n The Automotive Transformation Scheme must provide for matters of a transitional nature relating to ACIS.\n\n> Note: Example: A matter of a transitional nature would include the recognition of eligible investments made under ACIS by persons or entities who become ATS participants.\n\n#### 27A Annual report\n\n The Secretary must include the following in the Department’s annual report for a financial year:\n (a) the total amounts of capped assistance and uncapped assistance paid to ATS participants under the Automotive Transformation Scheme during the 12 month period ending on 31 March in the financial year;\n (b) details of the progress of the Australian automotive industry towards achieving economic sustainability, environmental outcomes and workforce skills development.\n\n#### 28 Delegation\n\n (1) The Minister may, by written instrument, delegate to the Secretary all or any of the Minister’s powers under the Automotive Transformation Scheme.\n (2) The Secretary may, by written instrument, delegate to an SES employee in the Department all or any of the Secretary’s powers under the Scheme.\n (3) If a power of a prescribed kind is delegated to the Secretary under subsection (1), the Secretary may, by written instrument, delegate that power to an SES employee in the Department.\n (4) In exercising powers under a delegation under subsection (1) or (3), the delegate must comply with any directions of the Minister.\n (5) In exercising powers under a delegation under subsection (2), the delegate must comply with any directions of the Secretary.\n\n#### 29 Regulations\n\n The Governor General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":15},{"sectionNumber":"10","sectionType":"section","heading":"Appropriation","content":"#### 10 Appropriation\n\n Capped assistance under the Automotive Transformation Scheme is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.","sortOrder":16},{"sectionNumber":"Division 3","sectionType":"division","heading":"Monitoring powers","content":"An Act to provide for the establishment of the Automotive Transformation Scheme, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Automotive Transformation Scheme Act 2009.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 September 2009

2. Sections 3 to 29

1 July 2010.

However, if the ACIS Administration Amendment Act 2009 does not receive the Royal Assent before 1 July 2010, the provision(s) do not commence at all.

1 July 2010

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object\n\n (1) The object of this Act is:\n (a) to encourage competitive investment and innovation in the Australian automotive industry; and\n (b) to place the industry on an economically sustainable footing;\n by providing assistance to a participant in the Automotive Transformation Scheme based on the participant’s investment if the investment is of a kind prescribed by the Scheme.\n (2) The object is to be achieved in a way that:\n (a) improves environmental outcomes; and\n (b) promotes the development of workforce skills.\n\n#### 4 Definitions\n\n In this Act:\n\n> ACIS has the same meaning as in the former ACIS Administration Act 1999.\n\n> assisting officer, in relation to a monitoring warrant, means a person who is an authorised officer and is assisting in executing the warrant.\n\n> ATS participant means a person, entity or group registered under the Automotive Transformation Scheme.\n\n> authorised officer means a person appointed by the Secretary under the Automotive Transformation Scheme.\n\n> Automotive Transformation Scheme means the scheme prescribed for the purposes of section 5.\n\n> Federal Court means the Federal Court of Australia.\n\n> monitoring powers has the meaning given by section 12.\n\n> monitoring warrant means a warrant issued under section 15.\n\n> Secretary means the Secretary of the Department.\n\n> stage 1 means:\n\n (a) the period beginning on 1 January 2011 and ending on 31 December 2015; and\n (b) January, February and March 2016.\n\n> stage 2 means:\n\n (a) the period beginning on 1 January 2016 and ending on 31 December 2020; and\n (b) January, February and March 2021.\n\n## Part 2—The Automotive Transformation Scheme\n\n### Division 1—Making the Automotive Transformation Scheme\n\n#### 5 Making the Automotive Transformation Scheme\n\n (1) To further the object of this Act, the regulations must prescribe a scheme (the Automotive Transformation Scheme) about the following matters:\n (a) the registration of participants (ATS participants) by the Secretary;\n (b) the payment of an amount to an ATS participant if certain conditions are satisfied;\n (c) the recovery by the Commonwealth of amounts from ATS participants in prescribed circumstances;\n (d) the payment of interest by an ATS participant on an overpaid amount;\n (e) the review of decisions, and, in respect of decisions of a prescribed kind, the limitations that apply to implementing the Administrative Appeals Tribunal’s decision or a court’s decision about those prescribed kind of decisions;\n (f) the appointment of authorised officers by the Secretary;\n (g) a matter required or permitted by this Act to be included in the Scheme;\n (h) ancillary or incidental matters.\n (2) The Automotive Transformation Scheme is to be a self‑assessment scheme.\n\n#### 6 Other matters that may be included in the Automotive Transformation Scheme\n\n The Automotive Transformation Scheme may provide for any or all of the following matters:\n (a) the application process for registration;\n (b) the assessment criteria for registration;\n (c) the amount of a payment to an ATS participant;\n (d) the inalienability of an amount of a payment to an ATS participant, except with the approval of the Secretary;\n (e) the deregistration of an ATS participant.\n\n### Division 2—Assistance\n\n#### Subdivision A—Assistance available\n\n#### 7 Kinds of assistance\n\n Assistance under the Automotive Transformation Scheme is of two kinds:\n (a) capped assistance; and\n (b) uncapped assistance.\n\n#### 8 Amount of capped assistance available\n\n (1) The total amount of capped assistance under the Automotive Transformation Scheme must not exceed:\n (a) for stage 1—$1.5 billion; and\n (b) for stage 2—$1 billion.\n (2) Subject to subsection (3), the total amount of capped assistance paid in respect of a year must not exceed $300 million.\n (3) However, if the total amount of capped assistance paid in respect of a particular year is less than $300 million, the balance may be paid as capped assistance in respect of any later year within the relevant stage.\n\n> Note: Example: If the total amount of capped assistance paid in respect of the year beginning on 1 January 2012 is $270 million, the amount of capped assistance available in respect of the year beginning on 1 January 2013 is $330 million.\n\n> Note: Except for recovered amounts (dealt with under subsection (6)), capped assistance cannot be carried forward from stage 1 to stage 2.\n\n (4) Subject to subsection (6), an amount of capped assistance in respect of a year must not be paid on or after 1 April in the following year.\n (5) For the purposes of subsections (1) to (3), an amount of capped assistance recovered by the Commonwealth is treated as if it had never been paid.\n (6) To the extent that the balance referred to in subsection (3) consists of amounts of capped assistance recovered by the Commonwealth during the last year of a stage, the balance may be paid in the year following the last year of that stage. For the purposes of subsections (1) and (2), such a payment is taken to have been made in respect of the last year of that stage.\n\n#### Subdivision B—Payments of assistance\n\n#### 9 Payments\n\n Making payments\n (1) The Automotive Transformation Scheme must provide that a payment of capped or uncapped assistance to an ATS participant may only be made:\n (a) on the condition that all or part of the payment may be offset or recovered by the Commonwealth in the manner and in the circumstances provided for by the Scheme; and\n (b) on any other conditions provided for by the Scheme.\n Recovering payments\n (2) Without limiting paragraph (1)(a), the Scheme may provide that all or part of a payment of capped or uncapped assistance to an ATS participant may be recovered by the Commonwealth from a person or entity who owes, or may later owe, money to the ATS participant.\n\n#### Subdivision C—Miscellaneous\n\n#### 10 Appropriation\n\n Capped assistance under the Automotive Transformation Scheme is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n### Division 3—Monitoring powers\n\n#### Subdivision A—Powers for monitoring compliance\n\n#### 11 Authorised officer may enter premises by consent or under a monitoring warrant\n\n (1) For the purposes of:\n (a) finding out whether the Automotive Transformation Scheme has been complied with; or\n (b) assessing the correctness of information provided under the Scheme;\n an authorised officer may enter any premises if:\n (c) the occupier of the premises consents to the entry; or\n (d) the entry is made under a monitoring warrant.\n\n> Note: Paragraph (c)—see section 13.\n\n (2) An authorised officer who enters premises under subsection (1) may exercise the monitoring powers set out in section 12.\n\n#### 12 Powers available for monitoring compliance\n\n (1) An authorised officer who enters premises under subsection 11(1) may exercise the following monitoring powers:\n (a) the power to search the premises and any thing on the premises;\n (b) the power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any thing on the premises;\n (c) the power to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;\n (d) if the authorised officer entered the premises by consent—to ask any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (e) if the authorised officer was authorised to enter the premises by a monitoring warrant—to require any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (f) the power to inspect any book, record or document on the premises;\n (g) the power to take extracts from or make copies of any such book, record or document;\n (h) the power to take onto premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;\n (i) the power to operate electronic equipment, and do other things, at the premises as mentioned in section 20;\n (j) the powers set out in subsections (2), (3) and (4).\n\n> Note: Failure to comply with paragraph (1)(e) is an offence—see section 24.\n\n (2) The monitoring powers include the power to secure a thing for no more than 24 hours if:\n (a) the thing is found during the exercise of monitoring powers on the premises; and\n (b) an authorised officer believes on reasonable grounds that:\n (i) the thing affords evidence of the commission of an offence against the Automotive Transformation Scheme, or evidence of the commission of an offence against the Crimes Act 1914 or the Criminal Code that relates to the Scheme; and\n (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost, destroyed or tampered with before a warrant to seize the thing is obtained.\n (3) The monitoring powers include the power to operate equipment at the premises to see whether:\n (a) the equipment; or\n (b) a data storage device that:\n (i) is at the premises; and\n (ii) can be used with the equipment or is associated with it;\n contains information that is relevant to:\n (c) determining whether there has been compliance with the Automotive Transformation Scheme; or\n (d) assessing the correctness of information provided under the Scheme.\n (4) The monitoring powers include the following powers in relation to information described in subsection (3) found in the exercise of the power under that subsection:\n (a) the power to operate facilities at the premises to put the information in documentary form and copy the documents so produced;\n (b) the power to operate facilities at the premises to transfer the information to a disk, tape or other storage device that:\n (i) is brought to the premises for the exercise of the power; or\n (ii) is at the premises and the use of which for the purpose has been agreed in writing by the occupier of the premises;\n (c) the power to remove from the premises a disk, tape or other storage device to which the information has been transferred in exercise of the power under paragraph (b).\n\n#### Subdivision B—Obtaining consent\n\n#### 13 Consent\n\n (1) Before obtaining the consent of an occupier of premises, the authorised officer must inform the occupier that he or she may refuse consent.\n (2) An entry of an authorised officer because of an occupier’s consent is not lawful unless the occupier voluntarily consented to the entry.\n (3) An occupier’s consent may be expressed to be limited to entry during a particular period unless the consent is withdrawn before the end of that period.\n (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.\n (5) If an authorised officer is on the premises with the consent of the occupier, the authorised officer must:\n (a) show his or her identity card to the occupier, if required by the occupier; and\n (b) leave the premises if the occupier asks the authorised officer to do so.\n\n#### Subdivision C—Monitoring warrants\n\n#### 14 Application for a monitoring warrant\n\n (1) An authorised officer may apply to a magistrate for a monitoring warrant if the authorised officer wishes to find out whether the Automotive Transformation Scheme has been complied with.\n (2) An authorised officer must give the magistrate information on oath or by affirmation to support the grounds for an application under subsection (1).\n\n#### 15 When a monitoring warrant may be issued\n\n (1) If:\n (a) an authorised officer applies to a magistrate under subsection 14(1); and\n (b) the magistrate is satisfied, on the information given under subsection 14(2), that it is reasonably necessary that one or more authorised officers should have access to premises for the purposes of finding out whether the Automotive Transformation Scheme has been complied with;\n the magistrate may issue a monitoring warrant authorising one or more authorised officers to search the premises.\n (2) However, a magistrate must not issue a warrant under this section unless the authorised officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\n\n#### 16 Content of warrant\n\n If a magistrate issues a warrant, the magistrate is to state in the warrant:\n (a) a description of the premises to which the warrant relates; and\n (b) that the warrant authorises one or more authorised officers (whether or not named in the warrant):\n (i) to enter the premises; and\n (ii) to exercise the powers set out in section 12; and\n (c) whether the warrant may be executed at any time or only during particular hours; and\n (d) the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect.\n\n#### Subdivision D—Obligations and incidental powers of authorised officers\n\n#### 17 Authorised officer must produce identity card on request\n\n An authorised officer is not entitled to exercise any powers under this Division in relation to premises if:\n (a) the occupier of the premises requires the authorised officer to produce his or her identity card for inspection by the occupier; and\n (b) the authorised officer fails to comply with the requirement.\n\n#### 18 Announcement before entry\n\n An authorised officer executing a monitoring warrant must, before entering premises under the warrant:\n (a) announce that he or she is authorised to enter the premises; and\n (b) give any person at the premises an opportunity to allow entry to the premises.\n\n#### 19 Copy of warrant to be shown to occupier etc.\n\n (1) If the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the authorised officer executing the monitoring warrant or an assisting officer must make a copy of the warrant available to the person.\n (2) The authorised officer must identify himself or herself to the person at the premises.\n (3) The copy of the monitoring warrant need not include the signature of the magistrate who issued it.\n\n#### 20 Use of electronic equipment in exercising monitoring powers\n\n (1) An authorised officer or an assisting officer may operate electronic equipment already at the premises in order to exercise monitoring powers if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.\n (2) If the authorised officer or an assisting officer believes, on reasonable grounds, that:\n (a) there is on the premises material relating to information provided under the Automotive Transformation Scheme that may be accessible by operating electronic equipment on the premises; and\n (b) expert assistance is required to operate the equipment; and\n (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;\n he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard, or otherwise.\n (3) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.\n (4) The equipment may be secured:\n (a) for a period not exceeding 24 hours; or\n (b) until the equipment has been operated by the expert;\n whichever happens first.\n (5) If an authorised officer or an assisting officer believes, on reasonable grounds, that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of the period.\n (6) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to apply for an extension. The occupier is entitled to be heard in relation to that application.\n (7) The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.\n\n#### 21 Compensation for damage to electronic equipment\n\n (1) This section applies if:\n (a) as a result of electronic equipment being operated as mentioned in section 20:\n (i) damage is caused to the equipment; or\n (ii) the data recorded on the equipment is damaged; or\n (iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and\n (b) the damage or corruption occurs because:\n (i) insufficient care was exercised in selecting the person who was to operate the equipment; or\n (ii) insufficient care was exercised by the person operating the equipment.\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court for such reasonable amount of compensation as the Court determines.\n (4) In determining the amount of compensation payable under subsection (3), regard is to be had to whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n (5) Compensation is payable out of money appropriated by the Parliament.\n\n#### Subdivision E—Occupier’s rights and responsibilities\n\n#### 22 Occupier entitled to be present during execution of monitoring warrant\n\n (1) If:\n (a) a monitoring warrant is being executed; and\n (b) the occupier of the premises to which the warrant relates, or another person who apparently represents the occupier, is present at the premises;\n the person is entitled to observe the execution of the warrant.\n (2) The right to observe the execution of the warrant ceases if the person impedes that execution.\n (3) This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.\n\n#### 23 Occupier to provide authorised officer with facilities and assistance\n\n The occupier of premises to which a monitoring warrant relates, or another person who apparently represents the occupier, must provide the authorised officer executing the warrant and any assisting officer with all reasonable facilities and assistance for the effective exercise of their powers.\n\n> Note: Failure to comply with this requirement is an offence—see section 25.\n\n#### Subdivision F—Offences\n\n#### 24 Offence for failure to answer questions, produce books etc.\n\n (1) A person commits an offence if the person refuses or fails to comply with a requirement under paragraph 12(1)(e).\n\nPenalty: 6 months imprisonment.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.\n\n (3) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document if answering the question, or producing the book, record or document, would tend to incriminate the person.\n\n#### 25 Offence for failing to provide authorised officer with facilities and assistance\n\n A person commits an offence if:\n (a) the person is subject to a requirement under section 23; and\n (b) the person does an act or omits to do an act; and\n (c) the act or omission breaches the requirement.\n\nPenalty: 30 penalty units.\n\n#### Subdivision G—Miscellaneous\n\n#### 26 Magistrates—personal capacity\n\n Functions conferred personally\n (1) The functions conferred on a magistrate by sections 15 and 16 are conferred on the magistrate:\n (a) in a personal capacity; and\n (b) not as a court or a member of a court.\n Functions need not be accepted\n (2) The magistrate need not accept the functions conferred.\n Protection and immunity\n (3) A magistrate performing a function conferred by sections 15 and 16 has the same protection and immunity as if he or she were performing the function:\n (a) as the court of which the magistrate is a member; or\n (b) as a member of the court of which the magistrate is a member.\n\n## Part 3—Miscellaneous\n\n#### 27 Transitional arrangements\n\n The Automotive Transformation Scheme must provide for matters of a transitional nature relating to ACIS.\n\n> Note: Example: A matter of a transitional nature would include the recognition of eligible investments made under ACIS by persons or entities who become ATS participants.\n\n#### 27A Annual report\n\n The Secretary must include the following in the Department’s annual report for a financial year:\n (a) the total amounts of capped assistance and uncapped assistance paid to ATS participants under the Automotive Transformation Scheme during the 12 month period ending on 31 March in the financial year;\n (b) details of the progress of the Australian automotive industry towards achieving economic sustainability, environmental outcomes and workforce skills development.\n\n#### 28 Delegation\n\n (1) The Minister may, by written instrument, delegate to the Secretary all or any of the Minister’s powers under the Automotive Transformation Scheme.\n (2) The Secretary may, by written instrument, delegate to an SES employee in the Department all or any of the Secretary’s powers under the Scheme.\n (3) If a power of a prescribed kind is delegated to the Secretary under subsection (1), the Secretary may, by written instrument, delegate that power to an SES employee in the Department.\n (4) In exercising powers under a delegation under subsection (1) or (3), the delegate must comply with any directions of the Minister.\n (5) In exercising powers under a delegation under subsection (2), the delegate must comply with any directions of the Secretary.\n\n#### 29 Regulations\n\n The Governor General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":17},{"sectionNumber":"11","sectionType":"section","heading":"Authorised officer may enter premises by consent or under a monitoring warrant","content":"#### 11 Authorised officer may enter premises by consent or under a monitoring warrant\n\n (1) For the purposes of:\n (a) finding out whether the Automotive Transformation Scheme has been complied with; or\n (b) assessing the correctness of information provided under the Scheme;\n an authorised officer may enter any premises if:\n (c) the occupier of the premises consents to the entry; or\n (d) the entry is made under a monitoring warrant.\n\n> Note: Paragraph (c)—see section 13.\n\n (2) An authorised officer who enters premises under subsection (1) may exercise the monitoring powers set out in section 12.","sortOrder":19},{"sectionNumber":"12","sectionType":"section","heading":"Powers available for monitoring compliance","content":"#### 12 Powers available for monitoring compliance\n\n (1) An authorised officer who enters premises under subsection 11(1) may exercise the following monitoring powers:\n (a) the power to search the premises and any thing on the premises;\n (b) the power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any thing on the premises;\n (c) the power to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;\n (d) if the authorised officer entered the premises by consent—to ask any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (e) if the authorised officer was authorised to enter the premises by a monitoring warrant—to require any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (f) the power to inspect any book, record or document on the premises;\n (g) the power to take extracts from or make copies of any such book, record or document;\n (h) the power to take onto premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;\n (i) the power to operate electronic equipment, and do other things, at the premises as mentioned in section 20;\n (j) the powers set out in subsections (2), (3) and (4).\n\n> Note: Failure to comply with paragraph (1)(e) is an offence—see section 24.\n\n (2) The monitoring powers include the power to secure a thing for no more than 24 hours if:\n (a) the thing is found during the exercise of monitoring powers on the premises; and\n (b) an authorised officer believes on reasonable grounds that:\n (i) the thing affords evidence of the commission of an offence against the Automotive Transformation Scheme, or evidence of the commission of an offence against the Crimes Act 1914 or the Criminal Code that relates to the Scheme; and\n (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost, destroyed or tampered with before a warrant to seize the thing is obtained.\n (3) The monitoring powers include the power to operate equipment at the premises to see whether:\n (a) the equipment; or\n (b) a data storage device that:\n (i) is at the premises; and\n (ii) can be used with the equipment or is associated with it;\n contains information that is relevant to:\n (c) determining whether there has been compliance with the Automotive Transformation Scheme; or\n (d) assessing the correctness of information provided under the Scheme.\n (4) The monitoring powers include the following powers in relation to information described in subsection (3) found in the exercise of the power under that subsection:\n (a) the power to operate facilities at the premises to put the information in documentary form and copy the documents so produced;\n (b) the power to operate facilities at the premises to transfer the information to a disk, tape or other storage device that:\n (i) is brought to the premises for the exercise of the power; or\n (ii) is at the premises and the use of which for the purpose has been agreed in writing by the occupier of the premises;\n (c) the power to remove from the premises a disk, tape or other storage device to which the information has been transferred in exercise of the power under paragraph (b).","sortOrder":20},{"sectionNumber":"13","sectionType":"section","heading":"Consent","content":"#### 13 Consent\n\n (1) Before obtaining the consent of an occupier of premises, the authorised officer must inform the occupier that he or she may refuse consent.\n (2) An entry of an authorised officer because of an occupier’s consent is not lawful unless the occupier voluntarily consented to the entry.\n (3) An occupier’s consent may be expressed to be limited to entry during a particular period unless the consent is withdrawn before the end of that period.\n (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.\n (5) If an authorised officer is on the premises with the consent of the occupier, the authorised officer must:\n (a) show his or her identity card to the occupier, if required by the occupier; and\n (b) leave the premises if the occupier asks the authorised officer to do so.","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":"Application for a monitoring warrant","content":"#### 14 Application for a monitoring warrant\n\n (1) An authorised officer may apply to a magistrate for a monitoring warrant if the authorised officer wishes to find out whether the Automotive Transformation Scheme has been complied with.\n (2) An authorised officer must give the magistrate information on oath or by affirmation to support the grounds for an application under subsection (1).","sortOrder":24},{"sectionNumber":"15","sectionType":"section","heading":"When a monitoring warrant may be issued","content":"#### 15 When a monitoring warrant may be issued\n\n (1) If:\n (a) an authorised officer applies to a magistrate under subsection 14(1); and\n (b) the magistrate is satisfied, on the information given under subsection 14(2), that it is reasonably necessary that one or more authorised officers should have access to premises for the purposes of finding out whether the Automotive Transformation Scheme has been complied with;\n the magistrate may issue a monitoring warrant authorising one or more authorised officers to search the premises.\n (2) However, a magistrate must not issue a warrant under this section unless the authorised officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.","sortOrder":25},{"sectionNumber":"16","sectionType":"section","heading":"Content of warrant","content":"#### 16 Content of warrant\n\n If a magistrate issues a warrant, the magistrate is to state in the warrant:\n (a) a description of the premises to which the warrant relates; and\n (b) that the warrant authorises one or more authorised officers (whether or not named in the warrant):\n (i) to enter the premises; and\n (ii) to exercise the powers set out in section 12; and\n (c) whether the warrant may be executed at any time or only during particular hours; and\n (d) the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect.","sortOrder":26},{"sectionNumber":"Subdivision D","sectionType":"subdivision","heading":"Obligations and incidental powers of authorised officers","content":"An Act to provide for the establishment of the Automotive Transformation Scheme, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Automotive Transformation Scheme Act 2009.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 September 2009

2. Sections 3 to 29

1 July 2010.

However, if the ACIS Administration Amendment Act 2009 does not receive the Royal Assent before 1 July 2010, the provision(s) do not commence at all.

1 July 2010

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object\n\n (1) The object of this Act is:\n (a) to encourage competitive investment and innovation in the Australian automotive industry; and\n (b) to place the industry on an economically sustainable footing;\n by providing assistance to a participant in the Automotive Transformation Scheme based on the participant’s investment if the investment is of a kind prescribed by the Scheme.\n (2) The object is to be achieved in a way that:\n (a) improves environmental outcomes; and\n (b) promotes the development of workforce skills.\n\n#### 4 Definitions\n\n In this Act:\n\n> ACIS has the same meaning as in the former ACIS Administration Act 1999.\n\n> assisting officer, in relation to a monitoring warrant, means a person who is an authorised officer and is assisting in executing the warrant.\n\n> ATS participant means a person, entity or group registered under the Automotive Transformation Scheme.\n\n> authorised officer means a person appointed by the Secretary under the Automotive Transformation Scheme.\n\n> Automotive Transformation Scheme means the scheme prescribed for the purposes of section 5.\n\n> Federal Court means the Federal Court of Australia.\n\n> monitoring powers has the meaning given by section 12.\n\n> monitoring warrant means a warrant issued under section 15.\n\n> Secretary means the Secretary of the Department.\n\n> stage 1 means:\n\n (a) the period beginning on 1 January 2011 and ending on 31 December 2015; and\n (b) January, February and March 2016.\n\n> stage 2 means:\n\n (a) the period beginning on 1 January 2016 and ending on 31 December 2020; and\n (b) January, February and March 2021.\n\n## Part 2—The Automotive Transformation Scheme\n\n### Division 1—Making the Automotive Transformation Scheme\n\n#### 5 Making the Automotive Transformation Scheme\n\n (1) To further the object of this Act, the regulations must prescribe a scheme (the Automotive Transformation Scheme) about the following matters:\n (a) the registration of participants (ATS participants) by the Secretary;\n (b) the payment of an amount to an ATS participant if certain conditions are satisfied;\n (c) the recovery by the Commonwealth of amounts from ATS participants in prescribed circumstances;\n (d) the payment of interest by an ATS participant on an overpaid amount;\n (e) the review of decisions, and, in respect of decisions of a prescribed kind, the limitations that apply to implementing the Administrative Appeals Tribunal’s decision or a court’s decision about those prescribed kind of decisions;\n (f) the appointment of authorised officers by the Secretary;\n (g) a matter required or permitted by this Act to be included in the Scheme;\n (h) ancillary or incidental matters.\n (2) The Automotive Transformation Scheme is to be a self‑assessment scheme.\n\n#### 6 Other matters that may be included in the Automotive Transformation Scheme\n\n The Automotive Transformation Scheme may provide for any or all of the following matters:\n (a) the application process for registration;\n (b) the assessment criteria for registration;\n (c) the amount of a payment to an ATS participant;\n (d) the inalienability of an amount of a payment to an ATS participant, except with the approval of the Secretary;\n (e) the deregistration of an ATS participant.\n\n### Division 2—Assistance\n\n#### Subdivision A—Assistance available\n\n#### 7 Kinds of assistance\n\n Assistance under the Automotive Transformation Scheme is of two kinds:\n (a) capped assistance; and\n (b) uncapped assistance.\n\n#### 8 Amount of capped assistance available\n\n (1) The total amount of capped assistance under the Automotive Transformation Scheme must not exceed:\n (a) for stage 1—$1.5 billion; and\n (b) for stage 2—$1 billion.\n (2) Subject to subsection (3), the total amount of capped assistance paid in respect of a year must not exceed $300 million.\n (3) However, if the total amount of capped assistance paid in respect of a particular year is less than $300 million, the balance may be paid as capped assistance in respect of any later year within the relevant stage.\n\n> Note: Example: If the total amount of capped assistance paid in respect of the year beginning on 1 January 2012 is $270 million, the amount of capped assistance available in respect of the year beginning on 1 January 2013 is $330 million.\n\n> Note: Except for recovered amounts (dealt with under subsection (6)), capped assistance cannot be carried forward from stage 1 to stage 2.\n\n (4) Subject to subsection (6), an amount of capped assistance in respect of a year must not be paid on or after 1 April in the following year.\n (5) For the purposes of subsections (1) to (3), an amount of capped assistance recovered by the Commonwealth is treated as if it had never been paid.\n (6) To the extent that the balance referred to in subsection (3) consists of amounts of capped assistance recovered by the Commonwealth during the last year of a stage, the balance may be paid in the year following the last year of that stage. For the purposes of subsections (1) and (2), such a payment is taken to have been made in respect of the last year of that stage.\n\n#### Subdivision B—Payments of assistance\n\n#### 9 Payments\n\n Making payments\n (1) The Automotive Transformation Scheme must provide that a payment of capped or uncapped assistance to an ATS participant may only be made:\n (a) on the condition that all or part of the payment may be offset or recovered by the Commonwealth in the manner and in the circumstances provided for by the Scheme; and\n (b) on any other conditions provided for by the Scheme.\n Recovering payments\n (2) Without limiting paragraph (1)(a), the Scheme may provide that all or part of a payment of capped or uncapped assistance to an ATS participant may be recovered by the Commonwealth from a person or entity who owes, or may later owe, money to the ATS participant.\n\n#### Subdivision C—Miscellaneous\n\n#### 10 Appropriation\n\n Capped assistance under the Automotive Transformation Scheme is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n### Division 3—Monitoring powers\n\n#### Subdivision A—Powers for monitoring compliance\n\n#### 11 Authorised officer may enter premises by consent or under a monitoring warrant\n\n (1) For the purposes of:\n (a) finding out whether the Automotive Transformation Scheme has been complied with; or\n (b) assessing the correctness of information provided under the Scheme;\n an authorised officer may enter any premises if:\n (c) the occupier of the premises consents to the entry; or\n (d) the entry is made under a monitoring warrant.\n\n> Note: Paragraph (c)—see section 13.\n\n (2) An authorised officer who enters premises under subsection (1) may exercise the monitoring powers set out in section 12.\n\n#### 12 Powers available for monitoring compliance\n\n (1) An authorised officer who enters premises under subsection 11(1) may exercise the following monitoring powers:\n (a) the power to search the premises and any thing on the premises;\n (b) the power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any thing on the premises;\n (c) the power to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;\n (d) if the authorised officer entered the premises by consent—to ask any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (e) if the authorised officer was authorised to enter the premises by a monitoring warrant—to require any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (f) the power to inspect any book, record or document on the premises;\n (g) the power to take extracts from or make copies of any such book, record or document;\n (h) the power to take onto premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;\n (i) the power to operate electronic equipment, and do other things, at the premises as mentioned in section 20;\n (j) the powers set out in subsections (2), (3) and (4).\n\n> Note: Failure to comply with paragraph (1)(e) is an offence—see section 24.\n\n (2) The monitoring powers include the power to secure a thing for no more than 24 hours if:\n (a) the thing is found during the exercise of monitoring powers on the premises; and\n (b) an authorised officer believes on reasonable grounds that:\n (i) the thing affords evidence of the commission of an offence against the Automotive Transformation Scheme, or evidence of the commission of an offence against the Crimes Act 1914 or the Criminal Code that relates to the Scheme; and\n (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost, destroyed or tampered with before a warrant to seize the thing is obtained.\n (3) The monitoring powers include the power to operate equipment at the premises to see whether:\n (a) the equipment; or\n (b) a data storage device that:\n (i) is at the premises; and\n (ii) can be used with the equipment or is associated with it;\n contains information that is relevant to:\n (c) determining whether there has been compliance with the Automotive Transformation Scheme; or\n (d) assessing the correctness of information provided under the Scheme.\n (4) The monitoring powers include the following powers in relation to information described in subsection (3) found in the exercise of the power under that subsection:\n (a) the power to operate facilities at the premises to put the information in documentary form and copy the documents so produced;\n (b) the power to operate facilities at the premises to transfer the information to a disk, tape or other storage device that:\n (i) is brought to the premises for the exercise of the power; or\n (ii) is at the premises and the use of which for the purpose has been agreed in writing by the occupier of the premises;\n (c) the power to remove from the premises a disk, tape or other storage device to which the information has been transferred in exercise of the power under paragraph (b).\n\n#### Subdivision B—Obtaining consent\n\n#### 13 Consent\n\n (1) Before obtaining the consent of an occupier of premises, the authorised officer must inform the occupier that he or she may refuse consent.\n (2) An entry of an authorised officer because of an occupier’s consent is not lawful unless the occupier voluntarily consented to the entry.\n (3) An occupier’s consent may be expressed to be limited to entry during a particular period unless the consent is withdrawn before the end of that period.\n (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.\n (5) If an authorised officer is on the premises with the consent of the occupier, the authorised officer must:\n (a) show his or her identity card to the occupier, if required by the occupier; and\n (b) leave the premises if the occupier asks the authorised officer to do so.\n\n#### Subdivision C—Monitoring warrants\n\n#### 14 Application for a monitoring warrant\n\n (1) An authorised officer may apply to a magistrate for a monitoring warrant if the authorised officer wishes to find out whether the Automotive Transformation Scheme has been complied with.\n (2) An authorised officer must give the magistrate information on oath or by affirmation to support the grounds for an application under subsection (1).\n\n#### 15 When a monitoring warrant may be issued\n\n (1) If:\n (a) an authorised officer applies to a magistrate under subsection 14(1); and\n (b) the magistrate is satisfied, on the information given under subsection 14(2), that it is reasonably necessary that one or more authorised officers should have access to premises for the purposes of finding out whether the Automotive Transformation Scheme has been complied with;\n the magistrate may issue a monitoring warrant authorising one or more authorised officers to search the premises.\n (2) However, a magistrate must not issue a warrant under this section unless the authorised officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\n\n#### 16 Content of warrant\n\n If a magistrate issues a warrant, the magistrate is to state in the warrant:\n (a) a description of the premises to which the warrant relates; and\n (b) that the warrant authorises one or more authorised officers (whether or not named in the warrant):\n (i) to enter the premises; and\n (ii) to exercise the powers set out in section 12; and\n (c) whether the warrant may be executed at any time or only during particular hours; and\n (d) the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect.\n\n#### Subdivision D—Obligations and incidental powers of authorised officers\n\n#### 17 Authorised officer must produce identity card on request\n\n An authorised officer is not entitled to exercise any powers under this Division in relation to premises if:\n (a) the occupier of the premises requires the authorised officer to produce his or her identity card for inspection by the occupier; and\n (b) the authorised officer fails to comply with the requirement.\n\n#### 18 Announcement before entry\n\n An authorised officer executing a monitoring warrant must, before entering premises under the warrant:\n (a) announce that he or she is authorised to enter the premises; and\n (b) give any person at the premises an opportunity to allow entry to the premises.\n\n#### 19 Copy of warrant to be shown to occupier etc.\n\n (1) If the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the authorised officer executing the monitoring warrant or an assisting officer must make a copy of the warrant available to the person.\n (2) The authorised officer must identify himself or herself to the person at the premises.\n (3) The copy of the monitoring warrant need not include the signature of the magistrate who issued it.\n\n#### 20 Use of electronic equipment in exercising monitoring powers\n\n (1) An authorised officer or an assisting officer may operate electronic equipment already at the premises in order to exercise monitoring powers if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.\n (2) If the authorised officer or an assisting officer believes, on reasonable grounds, that:\n (a) there is on the premises material relating to information provided under the Automotive Transformation Scheme that may be accessible by operating electronic equipment on the premises; and\n (b) expert assistance is required to operate the equipment; and\n (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;\n he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard, or otherwise.\n (3) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.\n (4) The equipment may be secured:\n (a) for a period not exceeding 24 hours; or\n (b) until the equipment has been operated by the expert;\n whichever happens first.\n (5) If an authorised officer or an assisting officer believes, on reasonable grounds, that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of the period.\n (6) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to apply for an extension. The occupier is entitled to be heard in relation to that application.\n (7) The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.\n\n#### 21 Compensation for damage to electronic equipment\n\n (1) This section applies if:\n (a) as a result of electronic equipment being operated as mentioned in section 20:\n (i) damage is caused to the equipment; or\n (ii) the data recorded on the equipment is damaged; or\n (iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and\n (b) the damage or corruption occurs because:\n (i) insufficient care was exercised in selecting the person who was to operate the equipment; or\n (ii) insufficient care was exercised by the person operating the equipment.\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court for such reasonable amount of compensation as the Court determines.\n (4) In determining the amount of compensation payable under subsection (3), regard is to be had to whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n (5) Compensation is payable out of money appropriated by the Parliament.\n\n#### Subdivision E—Occupier’s rights and responsibilities\n\n#### 22 Occupier entitled to be present during execution of monitoring warrant\n\n (1) If:\n (a) a monitoring warrant is being executed; and\n (b) the occupier of the premises to which the warrant relates, or another person who apparently represents the occupier, is present at the premises;\n the person is entitled to observe the execution of the warrant.\n (2) The right to observe the execution of the warrant ceases if the person impedes that execution.\n (3) This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.\n\n#### 23 Occupier to provide authorised officer with facilities and assistance\n\n The occupier of premises to which a monitoring warrant relates, or another person who apparently represents the occupier, must provide the authorised officer executing the warrant and any assisting officer with all reasonable facilities and assistance for the effective exercise of their powers.\n\n> Note: Failure to comply with this requirement is an offence—see section 25.\n\n#### Subdivision F—Offences\n\n#### 24 Offence for failure to answer questions, produce books etc.\n\n (1) A person commits an offence if the person refuses or fails to comply with a requirement under paragraph 12(1)(e).\n\nPenalty: 6 months imprisonment.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.\n\n (3) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document if answering the question, or producing the book, record or document, would tend to incriminate the person.\n\n#### 25 Offence for failing to provide authorised officer with facilities and assistance\n\n A person commits an offence if:\n (a) the person is subject to a requirement under section 23; and\n (b) the person does an act or omits to do an act; and\n (c) the act or omission breaches the requirement.\n\nPenalty: 30 penalty units.\n\n#### Subdivision G—Miscellaneous\n\n#### 26 Magistrates—personal capacity\n\n Functions conferred personally\n (1) The functions conferred on a magistrate by sections 15 and 16 are conferred on the magistrate:\n (a) in a personal capacity; and\n (b) not as a court or a member of a court.\n Functions need not be accepted\n (2) The magistrate need not accept the functions conferred.\n Protection and immunity\n (3) A magistrate performing a function conferred by sections 15 and 16 has the same protection and immunity as if he or she were performing the function:\n (a) as the court of which the magistrate is a member; or\n (b) as a member of the court of which the magistrate is a member.\n\n## Part 3—Miscellaneous\n\n#### 27 Transitional arrangements\n\n The Automotive Transformation Scheme must provide for matters of a transitional nature relating to ACIS.\n\n> Note: Example: A matter of a transitional nature would include the recognition of eligible investments made under ACIS by persons or entities who become ATS participants.\n\n#### 27A Annual report\n\n The Secretary must include the following in the Department’s annual report for a financial year:\n (a) the total amounts of capped assistance and uncapped assistance paid to ATS participants under the Automotive Transformation Scheme during the 12 month period ending on 31 March in the financial year;\n (b) details of the progress of the Australian automotive industry towards achieving economic sustainability, environmental outcomes and workforce skills development.\n\n#### 28 Delegation\n\n (1) The Minister may, by written instrument, delegate to the Secretary all or any of the Minister’s powers under the Automotive Transformation Scheme.\n (2) The Secretary may, by written instrument, delegate to an SES employee in the Department all or any of the Secretary’s powers under the Scheme.\n (3) If a power of a prescribed kind is delegated to the Secretary under subsection (1), the Secretary may, by written instrument, delegate that power to an SES employee in the Department.\n (4) In exercising powers under a delegation under subsection (1) or (3), the delegate must comply with any directions of the Minister.\n (5) In exercising powers under a delegation under subsection (2), the delegate must comply with any directions of the Secretary.\n\n#### 29 Regulations\n\n The Governor General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":27},{"sectionNumber":"17","sectionType":"section","heading":"Authorised officer must produce identity card on request","content":"#### 17 Authorised officer must produce identity card on request\n\n An authorised officer is not entitled to exercise any powers under this Division in relation to premises if:\n (a) the occupier of the premises requires the authorised officer to produce his or her identity card for inspection by the occupier; and\n (b) the authorised officer fails to comply with the requirement.","sortOrder":28},{"sectionNumber":"18","sectionType":"section","heading":"Announcement before entry","content":"#### 18 Announcement before entry\n\n An authorised officer executing a monitoring warrant must, before entering premises under the warrant:\n (a) announce that he or she is authorised to enter the premises; and\n (b) give any person at the premises an opportunity to allow entry to the premises.","sortOrder":29},{"sectionNumber":"19","sectionType":"section","heading":"Copy of warrant to be shown to occupier etc.","content":"#### 19 Copy of warrant to be shown to occupier etc.\n\n (1) If the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the authorised officer executing the monitoring warrant or an assisting officer must make a copy of the warrant available to the person.\n (2) The authorised officer must identify himself or herself to the person at the premises.\n (3) The copy of the monitoring warrant need not include the signature of the magistrate who issued it.","sortOrder":30},{"sectionNumber":"20","sectionType":"section","heading":"Use of electronic equipment in exercising monitoring powers","content":"#### 20 Use of electronic equipment in exercising monitoring powers\n\n (1) An authorised officer or an assisting officer may operate electronic equipment already at the premises in order to exercise monitoring powers if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.\n (2) If the authorised officer or an assisting officer believes, on reasonable grounds, that:\n (a) there is on the premises material relating to information provided under the Automotive Transformation Scheme that may be accessible by operating electronic equipment on the premises; and\n (b) expert assistance is required to operate the equipment; and\n (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;\n he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard, or otherwise.\n (3) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.\n (4) The equipment may be secured:\n (a) for a period not exceeding 24 hours; or\n (b) until the equipment has been operated by the expert;\n whichever happens first.\n (5) If an authorised officer or an assisting officer believes, on reasonable grounds, that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of the period.\n (6) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to apply for an extension. The occupier is entitled to be heard in relation to that application.\n (7) The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.","sortOrder":31},{"sectionNumber":"21","sectionType":"section","heading":"Compensation for damage to electronic equipment","content":"#### 21 Compensation for damage to electronic equipment\n\n (1) This section applies if:\n (a) as a result of electronic equipment being operated as mentioned in section 20:\n (i) damage is caused to the equipment; or\n (ii) the data recorded on the equipment is damaged; or\n (iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and\n (b) the damage or corruption occurs because:\n (i) insufficient care was exercised in selecting the person who was to operate the equipment; or\n (ii) insufficient care was exercised by the person operating the equipment.\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court for such reasonable amount of compensation as the Court determines.\n (4) In determining the amount of compensation payable under subsection (3), regard is to be had to whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n (5) Compensation is payable out of money appropriated by the Parliament.","sortOrder":32},{"sectionNumber":"Subdivision E","sectionType":"subdivision","heading":"Occupier’s rights and responsibilities","content":"An Act to provide for the establishment of the Automotive Transformation Scheme, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Automotive Transformation Scheme Act 2009.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 September 2009

2. Sections 3 to 29

1 July 2010.

However, if the ACIS Administration Amendment Act 2009 does not receive the Royal Assent before 1 July 2010, the provision(s) do not commence at all.

1 July 2010

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object\n\n (1) The object of this Act is:\n (a) to encourage competitive investment and innovation in the Australian automotive industry; and\n (b) to place the industry on an economically sustainable footing;\n by providing assistance to a participant in the Automotive Transformation Scheme based on the participant’s investment if the investment is of a kind prescribed by the Scheme.\n (2) The object is to be achieved in a way that:\n (a) improves environmental outcomes; and\n (b) promotes the development of workforce skills.\n\n#### 4 Definitions\n\n In this Act:\n\n> ACIS has the same meaning as in the former ACIS Administration Act 1999.\n\n> assisting officer, in relation to a monitoring warrant, means a person who is an authorised officer and is assisting in executing the warrant.\n\n> ATS participant means a person, entity or group registered under the Automotive Transformation Scheme.\n\n> authorised officer means a person appointed by the Secretary under the Automotive Transformation Scheme.\n\n> Automotive Transformation Scheme means the scheme prescribed for the purposes of section 5.\n\n> Federal Court means the Federal Court of Australia.\n\n> monitoring powers has the meaning given by section 12.\n\n> monitoring warrant means a warrant issued under section 15.\n\n> Secretary means the Secretary of the Department.\n\n> stage 1 means:\n\n (a) the period beginning on 1 January 2011 and ending on 31 December 2015; and\n (b) January, February and March 2016.\n\n> stage 2 means:\n\n (a) the period beginning on 1 January 2016 and ending on 31 December 2020; and\n (b) January, February and March 2021.\n\n## Part 2—The Automotive Transformation Scheme\n\n### Division 1—Making the Automotive Transformation Scheme\n\n#### 5 Making the Automotive Transformation Scheme\n\n (1) To further the object of this Act, the regulations must prescribe a scheme (the Automotive Transformation Scheme) about the following matters:\n (a) the registration of participants (ATS participants) by the Secretary;\n (b) the payment of an amount to an ATS participant if certain conditions are satisfied;\n (c) the recovery by the Commonwealth of amounts from ATS participants in prescribed circumstances;\n (d) the payment of interest by an ATS participant on an overpaid amount;\n (e) the review of decisions, and, in respect of decisions of a prescribed kind, the limitations that apply to implementing the Administrative Appeals Tribunal’s decision or a court’s decision about those prescribed kind of decisions;\n (f) the appointment of authorised officers by the Secretary;\n (g) a matter required or permitted by this Act to be included in the Scheme;\n (h) ancillary or incidental matters.\n (2) The Automotive Transformation Scheme is to be a self‑assessment scheme.\n\n#### 6 Other matters that may be included in the Automotive Transformation Scheme\n\n The Automotive Transformation Scheme may provide for any or all of the following matters:\n (a) the application process for registration;\n (b) the assessment criteria for registration;\n (c) the amount of a payment to an ATS participant;\n (d) the inalienability of an amount of a payment to an ATS participant, except with the approval of the Secretary;\n (e) the deregistration of an ATS participant.\n\n### Division 2—Assistance\n\n#### Subdivision A—Assistance available\n\n#### 7 Kinds of assistance\n\n Assistance under the Automotive Transformation Scheme is of two kinds:\n (a) capped assistance; and\n (b) uncapped assistance.\n\n#### 8 Amount of capped assistance available\n\n (1) The total amount of capped assistance under the Automotive Transformation Scheme must not exceed:\n (a) for stage 1—$1.5 billion; and\n (b) for stage 2—$1 billion.\n (2) Subject to subsection (3), the total amount of capped assistance paid in respect of a year must not exceed $300 million.\n (3) However, if the total amount of capped assistance paid in respect of a particular year is less than $300 million, the balance may be paid as capped assistance in respect of any later year within the relevant stage.\n\n> Note: Example: If the total amount of capped assistance paid in respect of the year beginning on 1 January 2012 is $270 million, the amount of capped assistance available in respect of the year beginning on 1 January 2013 is $330 million.\n\n> Note: Except for recovered amounts (dealt with under subsection (6)), capped assistance cannot be carried forward from stage 1 to stage 2.\n\n (4) Subject to subsection (6), an amount of capped assistance in respect of a year must not be paid on or after 1 April in the following year.\n (5) For the purposes of subsections (1) to (3), an amount of capped assistance recovered by the Commonwealth is treated as if it had never been paid.\n (6) To the extent that the balance referred to in subsection (3) consists of amounts of capped assistance recovered by the Commonwealth during the last year of a stage, the balance may be paid in the year following the last year of that stage. For the purposes of subsections (1) and (2), such a payment is taken to have been made in respect of the last year of that stage.\n\n#### Subdivision B—Payments of assistance\n\n#### 9 Payments\n\n Making payments\n (1) The Automotive Transformation Scheme must provide that a payment of capped or uncapped assistance to an ATS participant may only be made:\n (a) on the condition that all or part of the payment may be offset or recovered by the Commonwealth in the manner and in the circumstances provided for by the Scheme; and\n (b) on any other conditions provided for by the Scheme.\n Recovering payments\n (2) Without limiting paragraph (1)(a), the Scheme may provide that all or part of a payment of capped or uncapped assistance to an ATS participant may be recovered by the Commonwealth from a person or entity who owes, or may later owe, money to the ATS participant.\n\n#### Subdivision C—Miscellaneous\n\n#### 10 Appropriation\n\n Capped assistance under the Automotive Transformation Scheme is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n### Division 3—Monitoring powers\n\n#### Subdivision A—Powers for monitoring compliance\n\n#### 11 Authorised officer may enter premises by consent or under a monitoring warrant\n\n (1) For the purposes of:\n (a) finding out whether the Automotive Transformation Scheme has been complied with; or\n (b) assessing the correctness of information provided under the Scheme;\n an authorised officer may enter any premises if:\n (c) the occupier of the premises consents to the entry; or\n (d) the entry is made under a monitoring warrant.\n\n> Note: Paragraph (c)—see section 13.\n\n (2) An authorised officer who enters premises under subsection (1) may exercise the monitoring powers set out in section 12.\n\n#### 12 Powers available for monitoring compliance\n\n (1) An authorised officer who enters premises under subsection 11(1) may exercise the following monitoring powers:\n (a) the power to search the premises and any thing on the premises;\n (b) the power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any thing on the premises;\n (c) the power to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;\n (d) if the authorised officer entered the premises by consent—to ask any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (e) if the authorised officer was authorised to enter the premises by a monitoring warrant—to require any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (f) the power to inspect any book, record or document on the premises;\n (g) the power to take extracts from or make copies of any such book, record or document;\n (h) the power to take onto premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;\n (i) the power to operate electronic equipment, and do other things, at the premises as mentioned in section 20;\n (j) the powers set out in subsections (2), (3) and (4).\n\n> Note: Failure to comply with paragraph (1)(e) is an offence—see section 24.\n\n (2) The monitoring powers include the power to secure a thing for no more than 24 hours if:\n (a) the thing is found during the exercise of monitoring powers on the premises; and\n (b) an authorised officer believes on reasonable grounds that:\n (i) the thing affords evidence of the commission of an offence against the Automotive Transformation Scheme, or evidence of the commission of an offence against the Crimes Act 1914 or the Criminal Code that relates to the Scheme; and\n (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost, destroyed or tampered with before a warrant to seize the thing is obtained.\n (3) The monitoring powers include the power to operate equipment at the premises to see whether:\n (a) the equipment; or\n (b) a data storage device that:\n (i) is at the premises; and\n (ii) can be used with the equipment or is associated with it;\n contains information that is relevant to:\n (c) determining whether there has been compliance with the Automotive Transformation Scheme; or\n (d) assessing the correctness of information provided under the Scheme.\n (4) The monitoring powers include the following powers in relation to information described in subsection (3) found in the exercise of the power under that subsection:\n (a) the power to operate facilities at the premises to put the information in documentary form and copy the documents so produced;\n (b) the power to operate facilities at the premises to transfer the information to a disk, tape or other storage device that:\n (i) is brought to the premises for the exercise of the power; or\n (ii) is at the premises and the use of which for the purpose has been agreed in writing by the occupier of the premises;\n (c) the power to remove from the premises a disk, tape or other storage device to which the information has been transferred in exercise of the power under paragraph (b).\n\n#### Subdivision B—Obtaining consent\n\n#### 13 Consent\n\n (1) Before obtaining the consent of an occupier of premises, the authorised officer must inform the occupier that he or she may refuse consent.\n (2) An entry of an authorised officer because of an occupier’s consent is not lawful unless the occupier voluntarily consented to the entry.\n (3) An occupier’s consent may be expressed to be limited to entry during a particular period unless the consent is withdrawn before the end of that period.\n (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.\n (5) If an authorised officer is on the premises with the consent of the occupier, the authorised officer must:\n (a) show his or her identity card to the occupier, if required by the occupier; and\n (b) leave the premises if the occupier asks the authorised officer to do so.\n\n#### Subdivision C—Monitoring warrants\n\n#### 14 Application for a monitoring warrant\n\n (1) An authorised officer may apply to a magistrate for a monitoring warrant if the authorised officer wishes to find out whether the Automotive Transformation Scheme has been complied with.\n (2) An authorised officer must give the magistrate information on oath or by affirmation to support the grounds for an application under subsection (1).\n\n#### 15 When a monitoring warrant may be issued\n\n (1) If:\n (a) an authorised officer applies to a magistrate under subsection 14(1); and\n (b) the magistrate is satisfied, on the information given under subsection 14(2), that it is reasonably necessary that one or more authorised officers should have access to premises for the purposes of finding out whether the Automotive Transformation Scheme has been complied with;\n the magistrate may issue a monitoring warrant authorising one or more authorised officers to search the premises.\n (2) However, a magistrate must not issue a warrant under this section unless the authorised officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\n\n#### 16 Content of warrant\n\n If a magistrate issues a warrant, the magistrate is to state in the warrant:\n (a) a description of the premises to which the warrant relates; and\n (b) that the warrant authorises one or more authorised officers (whether or not named in the warrant):\n (i) to enter the premises; and\n (ii) to exercise the powers set out in section 12; and\n (c) whether the warrant may be executed at any time or only during particular hours; and\n (d) the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect.\n\n#### Subdivision D—Obligations and incidental powers of authorised officers\n\n#### 17 Authorised officer must produce identity card on request\n\n An authorised officer is not entitled to exercise any powers under this Division in relation to premises if:\n (a) the occupier of the premises requires the authorised officer to produce his or her identity card for inspection by the occupier; and\n (b) the authorised officer fails to comply with the requirement.\n\n#### 18 Announcement before entry\n\n An authorised officer executing a monitoring warrant must, before entering premises under the warrant:\n (a) announce that he or she is authorised to enter the premises; and\n (b) give any person at the premises an opportunity to allow entry to the premises.\n\n#### 19 Copy of warrant to be shown to occupier etc.\n\n (1) If the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the authorised officer executing the monitoring warrant or an assisting officer must make a copy of the warrant available to the person.\n (2) The authorised officer must identify himself or herself to the person at the premises.\n (3) The copy of the monitoring warrant need not include the signature of the magistrate who issued it.\n\n#### 20 Use of electronic equipment in exercising monitoring powers\n\n (1) An authorised officer or an assisting officer may operate electronic equipment already at the premises in order to exercise monitoring powers if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.\n (2) If the authorised officer or an assisting officer believes, on reasonable grounds, that:\n (a) there is on the premises material relating to information provided under the Automotive Transformation Scheme that may be accessible by operating electronic equipment on the premises; and\n (b) expert assistance is required to operate the equipment; and\n (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;\n he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard, or otherwise.\n (3) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.\n (4) The equipment may be secured:\n (a) for a period not exceeding 24 hours; or\n (b) until the equipment has been operated by the expert;\n whichever happens first.\n (5) If an authorised officer or an assisting officer believes, on reasonable grounds, that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of the period.\n (6) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to apply for an extension. The occupier is entitled to be heard in relation to that application.\n (7) The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.\n\n#### 21 Compensation for damage to electronic equipment\n\n (1) This section applies if:\n (a) as a result of electronic equipment being operated as mentioned in section 20:\n (i) damage is caused to the equipment; or\n (ii) the data recorded on the equipment is damaged; or\n (iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and\n (b) the damage or corruption occurs because:\n (i) insufficient care was exercised in selecting the person who was to operate the equipment; or\n (ii) insufficient care was exercised by the person operating the equipment.\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court for such reasonable amount of compensation as the Court determines.\n (4) In determining the amount of compensation payable under subsection (3), regard is to be had to whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n (5) Compensation is payable out of money appropriated by the Parliament.\n\n#### Subdivision E—Occupier’s rights and responsibilities\n\n#### 22 Occupier entitled to be present during execution of monitoring warrant\n\n (1) If:\n (a) a monitoring warrant is being executed; and\n (b) the occupier of the premises to which the warrant relates, or another person who apparently represents the occupier, is present at the premises;\n the person is entitled to observe the execution of the warrant.\n (2) The right to observe the execution of the warrant ceases if the person impedes that execution.\n (3) This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.\n\n#### 23 Occupier to provide authorised officer with facilities and assistance\n\n The occupier of premises to which a monitoring warrant relates, or another person who apparently represents the occupier, must provide the authorised officer executing the warrant and any assisting officer with all reasonable facilities and assistance for the effective exercise of their powers.\n\n> Note: Failure to comply with this requirement is an offence—see section 25.\n\n#### Subdivision F—Offences\n\n#### 24 Offence for failure to answer questions, produce books etc.\n\n (1) A person commits an offence if the person refuses or fails to comply with a requirement under paragraph 12(1)(e).\n\nPenalty: 6 months imprisonment.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.\n\n (3) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document if answering the question, or producing the book, record or document, would tend to incriminate the person.\n\n#### 25 Offence for failing to provide authorised officer with facilities and assistance\n\n A person commits an offence if:\n (a) the person is subject to a requirement under section 23; and\n (b) the person does an act or omits to do an act; and\n (c) the act or omission breaches the requirement.\n\nPenalty: 30 penalty units.\n\n#### Subdivision G—Miscellaneous\n\n#### 26 Magistrates—personal capacity\n\n Functions conferred personally\n (1) The functions conferred on a magistrate by sections 15 and 16 are conferred on the magistrate:\n (a) in a personal capacity; and\n (b) not as a court or a member of a court.\n Functions need not be accepted\n (2) The magistrate need not accept the functions conferred.\n Protection and immunity\n (3) A magistrate performing a function conferred by sections 15 and 16 has the same protection and immunity as if he or she were performing the function:\n (a) as the court of which the magistrate is a member; or\n (b) as a member of the court of which the magistrate is a member.\n\n## Part 3—Miscellaneous\n\n#### 27 Transitional arrangements\n\n The Automotive Transformation Scheme must provide for matters of a transitional nature relating to ACIS.\n\n> Note: Example: A matter of a transitional nature would include the recognition of eligible investments made under ACIS by persons or entities who become ATS participants.\n\n#### 27A Annual report\n\n The Secretary must include the following in the Department’s annual report for a financial year:\n (a) the total amounts of capped assistance and uncapped assistance paid to ATS participants under the Automotive Transformation Scheme during the 12 month period ending on 31 March in the financial year;\n (b) details of the progress of the Australian automotive industry towards achieving economic sustainability, environmental outcomes and workforce skills development.\n\n#### 28 Delegation\n\n (1) The Minister may, by written instrument, delegate to the Secretary all or any of the Minister’s powers under the Automotive Transformation Scheme.\n (2) The Secretary may, by written instrument, delegate to an SES employee in the Department all or any of the Secretary’s powers under the Scheme.\n (3) If a power of a prescribed kind is delegated to the Secretary under subsection (1), the Secretary may, by written instrument, delegate that power to an SES employee in the Department.\n (4) In exercising powers under a delegation under subsection (1) or (3), the delegate must comply with any directions of the Minister.\n (5) In exercising powers under a delegation under subsection (2), the delegate must comply with any directions of the Secretary.\n\n#### 29 Regulations\n\n The Governor General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":33},{"sectionNumber":"22","sectionType":"section","heading":"Occupier entitled to be present during execution of monitoring warrant","content":"#### 22 Occupier entitled to be present during execution of monitoring warrant\n\n (1) If:\n (a) a monitoring warrant is being executed; and\n (b) the occupier of the premises to which the warrant relates, or another person who apparently represents the occupier, is present at the premises;\n the person is entitled to observe the execution of the warrant.\n (2) The right to observe the execution of the warrant ceases if the person impedes that execution.\n (3) This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.","sortOrder":34},{"sectionNumber":"23","sectionType":"section","heading":"Occupier to provide authorised officer with facilities and assistance","content":"#### 23 Occupier to provide authorised officer with facilities and assistance\n\n The occupier of premises to which a monitoring warrant relates, or another person who apparently represents the occupier, must provide the authorised officer executing the warrant and any assisting officer with all reasonable facilities and assistance for the effective exercise of their powers.\n\n> Note: Failure to comply with this requirement is an offence—see section 25.","sortOrder":35},{"sectionNumber":"Subdivision F","sectionType":"subdivision","heading":"Offences","content":"An Act to provide for the establishment of the Automotive Transformation Scheme, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Automotive Transformation Scheme Act 2009.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 September 2009

2. Sections 3 to 29

1 July 2010.

However, if the ACIS Administration Amendment Act 2009 does not receive the Royal Assent before 1 July 2010, the provision(s) do not commence at all.

1 July 2010

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object\n\n (1) The object of this Act is:\n (a) to encourage competitive investment and innovation in the Australian automotive industry; and\n (b) to place the industry on an economically sustainable footing;\n by providing assistance to a participant in the Automotive Transformation Scheme based on the participant’s investment if the investment is of a kind prescribed by the Scheme.\n (2) The object is to be achieved in a way that:\n (a) improves environmental outcomes; and\n (b) promotes the development of workforce skills.\n\n#### 4 Definitions\n\n In this Act:\n\n> ACIS has the same meaning as in the former ACIS Administration Act 1999.\n\n> assisting officer, in relation to a monitoring warrant, means a person who is an authorised officer and is assisting in executing the warrant.\n\n> ATS participant means a person, entity or group registered under the Automotive Transformation Scheme.\n\n> authorised officer means a person appointed by the Secretary under the Automotive Transformation Scheme.\n\n> Automotive Transformation Scheme means the scheme prescribed for the purposes of section 5.\n\n> Federal Court means the Federal Court of Australia.\n\n> monitoring powers has the meaning given by section 12.\n\n> monitoring warrant means a warrant issued under section 15.\n\n> Secretary means the Secretary of the Department.\n\n> stage 1 means:\n\n (a) the period beginning on 1 January 2011 and ending on 31 December 2015; and\n (b) January, February and March 2016.\n\n> stage 2 means:\n\n (a) the period beginning on 1 January 2016 and ending on 31 December 2020; and\n (b) January, February and March 2021.\n\n## Part 2—The Automotive Transformation Scheme\n\n### Division 1—Making the Automotive Transformation Scheme\n\n#### 5 Making the Automotive Transformation Scheme\n\n (1) To further the object of this Act, the regulations must prescribe a scheme (the Automotive Transformation Scheme) about the following matters:\n (a) the registration of participants (ATS participants) by the Secretary;\n (b) the payment of an amount to an ATS participant if certain conditions are satisfied;\n (c) the recovery by the Commonwealth of amounts from ATS participants in prescribed circumstances;\n (d) the payment of interest by an ATS participant on an overpaid amount;\n (e) the review of decisions, and, in respect of decisions of a prescribed kind, the limitations that apply to implementing the Administrative Appeals Tribunal’s decision or a court’s decision about those prescribed kind of decisions;\n (f) the appointment of authorised officers by the Secretary;\n (g) a matter required or permitted by this Act to be included in the Scheme;\n (h) ancillary or incidental matters.\n (2) The Automotive Transformation Scheme is to be a self‑assessment scheme.\n\n#### 6 Other matters that may be included in the Automotive Transformation Scheme\n\n The Automotive Transformation Scheme may provide for any or all of the following matters:\n (a) the application process for registration;\n (b) the assessment criteria for registration;\n (c) the amount of a payment to an ATS participant;\n (d) the inalienability of an amount of a payment to an ATS participant, except with the approval of the Secretary;\n (e) the deregistration of an ATS participant.\n\n### Division 2—Assistance\n\n#### Subdivision A—Assistance available\n\n#### 7 Kinds of assistance\n\n Assistance under the Automotive Transformation Scheme is of two kinds:\n (a) capped assistance; and\n (b) uncapped assistance.\n\n#### 8 Amount of capped assistance available\n\n (1) The total amount of capped assistance under the Automotive Transformation Scheme must not exceed:\n (a) for stage 1—$1.5 billion; and\n (b) for stage 2—$1 billion.\n (2) Subject to subsection (3), the total amount of capped assistance paid in respect of a year must not exceed $300 million.\n (3) However, if the total amount of capped assistance paid in respect of a particular year is less than $300 million, the balance may be paid as capped assistance in respect of any later year within the relevant stage.\n\n> Note: Example: If the total amount of capped assistance paid in respect of the year beginning on 1 January 2012 is $270 million, the amount of capped assistance available in respect of the year beginning on 1 January 2013 is $330 million.\n\n> Note: Except for recovered amounts (dealt with under subsection (6)), capped assistance cannot be carried forward from stage 1 to stage 2.\n\n (4) Subject to subsection (6), an amount of capped assistance in respect of a year must not be paid on or after 1 April in the following year.\n (5) For the purposes of subsections (1) to (3), an amount of capped assistance recovered by the Commonwealth is treated as if it had never been paid.\n (6) To the extent that the balance referred to in subsection (3) consists of amounts of capped assistance recovered by the Commonwealth during the last year of a stage, the balance may be paid in the year following the last year of that stage. For the purposes of subsections (1) and (2), such a payment is taken to have been made in respect of the last year of that stage.\n\n#### Subdivision B—Payments of assistance\n\n#### 9 Payments\n\n Making payments\n (1) The Automotive Transformation Scheme must provide that a payment of capped or uncapped assistance to an ATS participant may only be made:\n (a) on the condition that all or part of the payment may be offset or recovered by the Commonwealth in the manner and in the circumstances provided for by the Scheme; and\n (b) on any other conditions provided for by the Scheme.\n Recovering payments\n (2) Without limiting paragraph (1)(a), the Scheme may provide that all or part of a payment of capped or uncapped assistance to an ATS participant may be recovered by the Commonwealth from a person or entity who owes, or may later owe, money to the ATS participant.\n\n#### Subdivision C—Miscellaneous\n\n#### 10 Appropriation\n\n Capped assistance under the Automotive Transformation Scheme is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n### Division 3—Monitoring powers\n\n#### Subdivision A—Powers for monitoring compliance\n\n#### 11 Authorised officer may enter premises by consent or under a monitoring warrant\n\n (1) For the purposes of:\n (a) finding out whether the Automotive Transformation Scheme has been complied with; or\n (b) assessing the correctness of information provided under the Scheme;\n an authorised officer may enter any premises if:\n (c) the occupier of the premises consents to the entry; or\n (d) the entry is made under a monitoring warrant.\n\n> Note: Paragraph (c)—see section 13.\n\n (2) An authorised officer who enters premises under subsection (1) may exercise the monitoring powers set out in section 12.\n\n#### 12 Powers available for monitoring compliance\n\n (1) An authorised officer who enters premises under subsection 11(1) may exercise the following monitoring powers:\n (a) the power to search the premises and any thing on the premises;\n (b) the power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any thing on the premises;\n (c) the power to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;\n (d) if the authorised officer entered the premises by consent—to ask any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (e) if the authorised officer was authorised to enter the premises by a monitoring warrant—to require any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (f) the power to inspect any book, record or document on the premises;\n (g) the power to take extracts from or make copies of any such book, record or document;\n (h) the power to take onto premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;\n (i) the power to operate electronic equipment, and do other things, at the premises as mentioned in section 20;\n (j) the powers set out in subsections (2), (3) and (4).\n\n> Note: Failure to comply with paragraph (1)(e) is an offence—see section 24.\n\n (2) The monitoring powers include the power to secure a thing for no more than 24 hours if:\n (a) the thing is found during the exercise of monitoring powers on the premises; and\n (b) an authorised officer believes on reasonable grounds that:\n (i) the thing affords evidence of the commission of an offence against the Automotive Transformation Scheme, or evidence of the commission of an offence against the Crimes Act 1914 or the Criminal Code that relates to the Scheme; and\n (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost, destroyed or tampered with before a warrant to seize the thing is obtained.\n (3) The monitoring powers include the power to operate equipment at the premises to see whether:\n (a) the equipment; or\n (b) a data storage device that:\n (i) is at the premises; and\n (ii) can be used with the equipment or is associated with it;\n contains information that is relevant to:\n (c) determining whether there has been compliance with the Automotive Transformation Scheme; or\n (d) assessing the correctness of information provided under the Scheme.\n (4) The monitoring powers include the following powers in relation to information described in subsection (3) found in the exercise of the power under that subsection:\n (a) the power to operate facilities at the premises to put the information in documentary form and copy the documents so produced;\n (b) the power to operate facilities at the premises to transfer the information to a disk, tape or other storage device that:\n (i) is brought to the premises for the exercise of the power; or\n (ii) is at the premises and the use of which for the purpose has been agreed in writing by the occupier of the premises;\n (c) the power to remove from the premises a disk, tape or other storage device to which the information has been transferred in exercise of the power under paragraph (b).\n\n#### Subdivision B—Obtaining consent\n\n#### 13 Consent\n\n (1) Before obtaining the consent of an occupier of premises, the authorised officer must inform the occupier that he or she may refuse consent.\n (2) An entry of an authorised officer because of an occupier’s consent is not lawful unless the occupier voluntarily consented to the entry.\n (3) An occupier’s consent may be expressed to be limited to entry during a particular period unless the consent is withdrawn before the end of that period.\n (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.\n (5) If an authorised officer is on the premises with the consent of the occupier, the authorised officer must:\n (a) show his or her identity card to the occupier, if required by the occupier; and\n (b) leave the premises if the occupier asks the authorised officer to do so.\n\n#### Subdivision C—Monitoring warrants\n\n#### 14 Application for a monitoring warrant\n\n (1) An authorised officer may apply to a magistrate for a monitoring warrant if the authorised officer wishes to find out whether the Automotive Transformation Scheme has been complied with.\n (2) An authorised officer must give the magistrate information on oath or by affirmation to support the grounds for an application under subsection (1).\n\n#### 15 When a monitoring warrant may be issued\n\n (1) If:\n (a) an authorised officer applies to a magistrate under subsection 14(1); and\n (b) the magistrate is satisfied, on the information given under subsection 14(2), that it is reasonably necessary that one or more authorised officers should have access to premises for the purposes of finding out whether the Automotive Transformation Scheme has been complied with;\n the magistrate may issue a monitoring warrant authorising one or more authorised officers to search the premises.\n (2) However, a magistrate must not issue a warrant under this section unless the authorised officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\n\n#### 16 Content of warrant\n\n If a magistrate issues a warrant, the magistrate is to state in the warrant:\n (a) a description of the premises to which the warrant relates; and\n (b) that the warrant authorises one or more authorised officers (whether or not named in the warrant):\n (i) to enter the premises; and\n (ii) to exercise the powers set out in section 12; and\n (c) whether the warrant may be executed at any time or only during particular hours; and\n (d) the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect.\n\n#### Subdivision D—Obligations and incidental powers of authorised officers\n\n#### 17 Authorised officer must produce identity card on request\n\n An authorised officer is not entitled to exercise any powers under this Division in relation to premises if:\n (a) the occupier of the premises requires the authorised officer to produce his or her identity card for inspection by the occupier; and\n (b) the authorised officer fails to comply with the requirement.\n\n#### 18 Announcement before entry\n\n An authorised officer executing a monitoring warrant must, before entering premises under the warrant:\n (a) announce that he or she is authorised to enter the premises; and\n (b) give any person at the premises an opportunity to allow entry to the premises.\n\n#### 19 Copy of warrant to be shown to occupier etc.\n\n (1) If the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the authorised officer executing the monitoring warrant or an assisting officer must make a copy of the warrant available to the person.\n (2) The authorised officer must identify himself or herself to the person at the premises.\n (3) The copy of the monitoring warrant need not include the signature of the magistrate who issued it.\n\n#### 20 Use of electronic equipment in exercising monitoring powers\n\n (1) An authorised officer or an assisting officer may operate electronic equipment already at the premises in order to exercise monitoring powers if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.\n (2) If the authorised officer or an assisting officer believes, on reasonable grounds, that:\n (a) there is on the premises material relating to information provided under the Automotive Transformation Scheme that may be accessible by operating electronic equipment on the premises; and\n (b) expert assistance is required to operate the equipment; and\n (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;\n he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard, or otherwise.\n (3) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.\n (4) The equipment may be secured:\n (a) for a period not exceeding 24 hours; or\n (b) until the equipment has been operated by the expert;\n whichever happens first.\n (5) If an authorised officer or an assisting officer believes, on reasonable grounds, that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of the period.\n (6) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to apply for an extension. The occupier is entitled to be heard in relation to that application.\n (7) The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.\n\n#### 21 Compensation for damage to electronic equipment\n\n (1) This section applies if:\n (a) as a result of electronic equipment being operated as mentioned in section 20:\n (i) damage is caused to the equipment; or\n (ii) the data recorded on the equipment is damaged; or\n (iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and\n (b) the damage or corruption occurs because:\n (i) insufficient care was exercised in selecting the person who was to operate the equipment; or\n (ii) insufficient care was exercised by the person operating the equipment.\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court for such reasonable amount of compensation as the Court determines.\n (4) In determining the amount of compensation payable under subsection (3), regard is to be had to whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n (5) Compensation is payable out of money appropriated by the Parliament.\n\n#### Subdivision E—Occupier’s rights and responsibilities\n\n#### 22 Occupier entitled to be present during execution of monitoring warrant\n\n (1) If:\n (a) a monitoring warrant is being executed; and\n (b) the occupier of the premises to which the warrant relates, or another person who apparently represents the occupier, is present at the premises;\n the person is entitled to observe the execution of the warrant.\n (2) The right to observe the execution of the warrant ceases if the person impedes that execution.\n (3) This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.\n\n#### 23 Occupier to provide authorised officer with facilities and assistance\n\n The occupier of premises to which a monitoring warrant relates, or another person who apparently represents the occupier, must provide the authorised officer executing the warrant and any assisting officer with all reasonable facilities and assistance for the effective exercise of their powers.\n\n> Note: Failure to comply with this requirement is an offence—see section 25.\n\n#### Subdivision F—Offences\n\n#### 24 Offence for failure to answer questions, produce books etc.\n\n (1) A person commits an offence if the person refuses or fails to comply with a requirement under paragraph 12(1)(e).\n\nPenalty: 6 months imprisonment.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.\n\n (3) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document if answering the question, or producing the book, record or document, would tend to incriminate the person.\n\n#### 25 Offence for failing to provide authorised officer with facilities and assistance\n\n A person commits an offence if:\n (a) the person is subject to a requirement under section 23; and\n (b) the person does an act or omits to do an act; and\n (c) the act or omission breaches the requirement.\n\nPenalty: 30 penalty units.\n\n#### Subdivision G—Miscellaneous\n\n#### 26 Magistrates—personal capacity\n\n Functions conferred personally\n (1) The functions conferred on a magistrate by sections 15 and 16 are conferred on the magistrate:\n (a) in a personal capacity; and\n (b) not as a court or a member of a court.\n Functions need not be accepted\n (2) The magistrate need not accept the functions conferred.\n Protection and immunity\n (3) A magistrate performing a function conferred by sections 15 and 16 has the same protection and immunity as if he or she were performing the function:\n (a) as the court of which the magistrate is a member; or\n (b) as a member of the court of which the magistrate is a member.\n\n## Part 3—Miscellaneous\n\n#### 27 Transitional arrangements\n\n The Automotive Transformation Scheme must provide for matters of a transitional nature relating to ACIS.\n\n> Note: Example: A matter of a transitional nature would include the recognition of eligible investments made under ACIS by persons or entities who become ATS participants.\n\n#### 27A Annual report\n\n The Secretary must include the following in the Department’s annual report for a financial year:\n (a) the total amounts of capped assistance and uncapped assistance paid to ATS participants under the Automotive Transformation Scheme during the 12 month period ending on 31 March in the financial year;\n (b) details of the progress of the Australian automotive industry towards achieving economic sustainability, environmental outcomes and workforce skills development.\n\n#### 28 Delegation\n\n (1) The Minister may, by written instrument, delegate to the Secretary all or any of the Minister’s powers under the Automotive Transformation Scheme.\n (2) The Secretary may, by written instrument, delegate to an SES employee in the Department all or any of the Secretary’s powers under the Scheme.\n (3) If a power of a prescribed kind is delegated to the Secretary under subsection (1), the Secretary may, by written instrument, delegate that power to an SES employee in the Department.\n (4) In exercising powers under a delegation under subsection (1) or (3), the delegate must comply with any directions of the Minister.\n (5) In exercising powers under a delegation under subsection (2), the delegate must comply with any directions of the Secretary.\n\n#### 29 Regulations\n\n The Governor General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":36},{"sectionNumber":"24","sectionType":"section","heading":"Offence for failure to answer questions, produce books etc.","content":"#### 24 Offence for failure to answer questions, produce books etc.\n\n (1) A person commits an offence if the person refuses or fails to comply with a requirement under paragraph 12(1)(e).\n\nPenalty: 6 months imprisonment.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.\n\n (3) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document if answering the question, or producing the book, record or document, would tend to incriminate the person.","sortOrder":37},{"sectionNumber":"25","sectionType":"section","heading":"Offence for failing to provide authorised officer with facilities and assistance","content":"#### 25 Offence for failing to provide authorised officer with facilities and assistance\n\n A person commits an offence if:\n (a) the person is subject to a requirement under section 23; and\n (b) the person does an act or omits to do an act; and\n (c) the act or omission breaches the requirement.\n\nPenalty: 30 penalty units.","sortOrder":38},{"sectionNumber":"Subdivision G","sectionType":"subdivision","heading":"Miscellaneous","content":"An Act to provide for the establishment of the Automotive Transformation Scheme, and for related purposes\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Automotive Transformation Scheme Act 2009.\n\n#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

29 September 2009

2. Sections 3 to 29

1 July 2010.

However, if the ACIS Administration Amendment Act 2009 does not receive the Royal Assent before 1 July 2010, the provision(s) do not commence at all.

1 July 2010

\n```\n\n> Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.\n\n (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.\n\n#### 3 Object\n\n (1) The object of this Act is:\n (a) to encourage competitive investment and innovation in the Australian automotive industry; and\n (b) to place the industry on an economically sustainable footing;\n by providing assistance to a participant in the Automotive Transformation Scheme based on the participant’s investment if the investment is of a kind prescribed by the Scheme.\n (2) The object is to be achieved in a way that:\n (a) improves environmental outcomes; and\n (b) promotes the development of workforce skills.\n\n#### 4 Definitions\n\n In this Act:\n\n> ACIS has the same meaning as in the former ACIS Administration Act 1999.\n\n> assisting officer, in relation to a monitoring warrant, means a person who is an authorised officer and is assisting in executing the warrant.\n\n> ATS participant means a person, entity or group registered under the Automotive Transformation Scheme.\n\n> authorised officer means a person appointed by the Secretary under the Automotive Transformation Scheme.\n\n> Automotive Transformation Scheme means the scheme prescribed for the purposes of section 5.\n\n> Federal Court means the Federal Court of Australia.\n\n> monitoring powers has the meaning given by section 12.\n\n> monitoring warrant means a warrant issued under section 15.\n\n> Secretary means the Secretary of the Department.\n\n> stage 1 means:\n\n (a) the period beginning on 1 January 2011 and ending on 31 December 2015; and\n (b) January, February and March 2016.\n\n> stage 2 means:\n\n (a) the period beginning on 1 January 2016 and ending on 31 December 2020; and\n (b) January, February and March 2021.\n\n## Part 2—The Automotive Transformation Scheme\n\n### Division 1—Making the Automotive Transformation Scheme\n\n#### 5 Making the Automotive Transformation Scheme\n\n (1) To further the object of this Act, the regulations must prescribe a scheme (the Automotive Transformation Scheme) about the following matters:\n (a) the registration of participants (ATS participants) by the Secretary;\n (b) the payment of an amount to an ATS participant if certain conditions are satisfied;\n (c) the recovery by the Commonwealth of amounts from ATS participants in prescribed circumstances;\n (d) the payment of interest by an ATS participant on an overpaid amount;\n (e) the review of decisions, and, in respect of decisions of a prescribed kind, the limitations that apply to implementing the Administrative Appeals Tribunal’s decision or a court’s decision about those prescribed kind of decisions;\n (f) the appointment of authorised officers by the Secretary;\n (g) a matter required or permitted by this Act to be included in the Scheme;\n (h) ancillary or incidental matters.\n (2) The Automotive Transformation Scheme is to be a self‑assessment scheme.\n\n#### 6 Other matters that may be included in the Automotive Transformation Scheme\n\n The Automotive Transformation Scheme may provide for any or all of the following matters:\n (a) the application process for registration;\n (b) the assessment criteria for registration;\n (c) the amount of a payment to an ATS participant;\n (d) the inalienability of an amount of a payment to an ATS participant, except with the approval of the Secretary;\n (e) the deregistration of an ATS participant.\n\n### Division 2—Assistance\n\n#### Subdivision A—Assistance available\n\n#### 7 Kinds of assistance\n\n Assistance under the Automotive Transformation Scheme is of two kinds:\n (a) capped assistance; and\n (b) uncapped assistance.\n\n#### 8 Amount of capped assistance available\n\n (1) The total amount of capped assistance under the Automotive Transformation Scheme must not exceed:\n (a) for stage 1—$1.5 billion; and\n (b) for stage 2—$1 billion.\n (2) Subject to subsection (3), the total amount of capped assistance paid in respect of a year must not exceed $300 million.\n (3) However, if the total amount of capped assistance paid in respect of a particular year is less than $300 million, the balance may be paid as capped assistance in respect of any later year within the relevant stage.\n\n> Note: Example: If the total amount of capped assistance paid in respect of the year beginning on 1 January 2012 is $270 million, the amount of capped assistance available in respect of the year beginning on 1 January 2013 is $330 million.\n\n> Note: Except for recovered amounts (dealt with under subsection (6)), capped assistance cannot be carried forward from stage 1 to stage 2.\n\n (4) Subject to subsection (6), an amount of capped assistance in respect of a year must not be paid on or after 1 April in the following year.\n (5) For the purposes of subsections (1) to (3), an amount of capped assistance recovered by the Commonwealth is treated as if it had never been paid.\n (6) To the extent that the balance referred to in subsection (3) consists of amounts of capped assistance recovered by the Commonwealth during the last year of a stage, the balance may be paid in the year following the last year of that stage. For the purposes of subsections (1) and (2), such a payment is taken to have been made in respect of the last year of that stage.\n\n#### Subdivision B—Payments of assistance\n\n#### 9 Payments\n\n Making payments\n (1) The Automotive Transformation Scheme must provide that a payment of capped or uncapped assistance to an ATS participant may only be made:\n (a) on the condition that all or part of the payment may be offset or recovered by the Commonwealth in the manner and in the circumstances provided for by the Scheme; and\n (b) on any other conditions provided for by the Scheme.\n Recovering payments\n (2) Without limiting paragraph (1)(a), the Scheme may provide that all or part of a payment of capped or uncapped assistance to an ATS participant may be recovered by the Commonwealth from a person or entity who owes, or may later owe, money to the ATS participant.\n\n#### Subdivision C—Miscellaneous\n\n#### 10 Appropriation\n\n Capped assistance under the Automotive Transformation Scheme is to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n\n### Division 3—Monitoring powers\n\n#### Subdivision A—Powers for monitoring compliance\n\n#### 11 Authorised officer may enter premises by consent or under a monitoring warrant\n\n (1) For the purposes of:\n (a) finding out whether the Automotive Transformation Scheme has been complied with; or\n (b) assessing the correctness of information provided under the Scheme;\n an authorised officer may enter any premises if:\n (c) the occupier of the premises consents to the entry; or\n (d) the entry is made under a monitoring warrant.\n\n> Note: Paragraph (c)—see section 13.\n\n (2) An authorised officer who enters premises under subsection (1) may exercise the monitoring powers set out in section 12.\n\n#### 12 Powers available for monitoring compliance\n\n (1) An authorised officer who enters premises under subsection 11(1) may exercise the following monitoring powers:\n (a) the power to search the premises and any thing on the premises;\n (b) the power to inspect, examine, take measurements of, or conduct tests (including by the taking of samples) concerning, any thing on the premises;\n (c) the power to take photographs, make video or audio recordings or make sketches of the premises or any thing on the premises;\n (d) if the authorised officer entered the premises by consent—to ask any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (e) if the authorised officer was authorised to enter the premises by a monitoring warrant—to require any person in or on the premises:\n (i) to answer any questions put by the authorised officer; and\n (ii) to produce any book, record or document requested by the authorised officer;\n (f) the power to inspect any book, record or document on the premises;\n (g) the power to take extracts from or make copies of any such book, record or document;\n (h) the power to take onto premises such equipment and materials as the authorised officer requires for the purpose of exercising powers in relation to the premises;\n (i) the power to operate electronic equipment, and do other things, at the premises as mentioned in section 20;\n (j) the powers set out in subsections (2), (3) and (4).\n\n> Note: Failure to comply with paragraph (1)(e) is an offence—see section 24.\n\n (2) The monitoring powers include the power to secure a thing for no more than 24 hours if:\n (a) the thing is found during the exercise of monitoring powers on the premises; and\n (b) an authorised officer believes on reasonable grounds that:\n (i) the thing affords evidence of the commission of an offence against the Automotive Transformation Scheme, or evidence of the commission of an offence against the Crimes Act 1914 or the Criminal Code that relates to the Scheme; and\n (ii) it is necessary to secure the thing in order to prevent it from being concealed, lost, destroyed or tampered with before a warrant to seize the thing is obtained.\n (3) The monitoring powers include the power to operate equipment at the premises to see whether:\n (a) the equipment; or\n (b) a data storage device that:\n (i) is at the premises; and\n (ii) can be used with the equipment or is associated with it;\n contains information that is relevant to:\n (c) determining whether there has been compliance with the Automotive Transformation Scheme; or\n (d) assessing the correctness of information provided under the Scheme.\n (4) The monitoring powers include the following powers in relation to information described in subsection (3) found in the exercise of the power under that subsection:\n (a) the power to operate facilities at the premises to put the information in documentary form and copy the documents so produced;\n (b) the power to operate facilities at the premises to transfer the information to a disk, tape or other storage device that:\n (i) is brought to the premises for the exercise of the power; or\n (ii) is at the premises and the use of which for the purpose has been agreed in writing by the occupier of the premises;\n (c) the power to remove from the premises a disk, tape or other storage device to which the information has been transferred in exercise of the power under paragraph (b).\n\n#### Subdivision B—Obtaining consent\n\n#### 13 Consent\n\n (1) Before obtaining the consent of an occupier of premises, the authorised officer must inform the occupier that he or she may refuse consent.\n (2) An entry of an authorised officer because of an occupier’s consent is not lawful unless the occupier voluntarily consented to the entry.\n (3) An occupier’s consent may be expressed to be limited to entry during a particular period unless the consent is withdrawn before the end of that period.\n (4) A consent that is not limited as mentioned in subsection (3) has effect until the consent is withdrawn.\n (5) If an authorised officer is on the premises with the consent of the occupier, the authorised officer must:\n (a) show his or her identity card to the occupier, if required by the occupier; and\n (b) leave the premises if the occupier asks the authorised officer to do so.\n\n#### Subdivision C—Monitoring warrants\n\n#### 14 Application for a monitoring warrant\n\n (1) An authorised officer may apply to a magistrate for a monitoring warrant if the authorised officer wishes to find out whether the Automotive Transformation Scheme has been complied with.\n (2) An authorised officer must give the magistrate information on oath or by affirmation to support the grounds for an application under subsection (1).\n\n#### 15 When a monitoring warrant may be issued\n\n (1) If:\n (a) an authorised officer applies to a magistrate under subsection 14(1); and\n (b) the magistrate is satisfied, on the information given under subsection 14(2), that it is reasonably necessary that one or more authorised officers should have access to premises for the purposes of finding out whether the Automotive Transformation Scheme has been complied with;\n the magistrate may issue a monitoring warrant authorising one or more authorised officers to search the premises.\n (2) However, a magistrate must not issue a warrant under this section unless the authorised officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.\n\n#### 16 Content of warrant\n\n If a magistrate issues a warrant, the magistrate is to state in the warrant:\n (a) a description of the premises to which the warrant relates; and\n (b) that the warrant authorises one or more authorised officers (whether or not named in the warrant):\n (i) to enter the premises; and\n (ii) to exercise the powers set out in section 12; and\n (c) whether the warrant may be executed at any time or only during particular hours; and\n (d) the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect.\n\n#### Subdivision D—Obligations and incidental powers of authorised officers\n\n#### 17 Authorised officer must produce identity card on request\n\n An authorised officer is not entitled to exercise any powers under this Division in relation to premises if:\n (a) the occupier of the premises requires the authorised officer to produce his or her identity card for inspection by the occupier; and\n (b) the authorised officer fails to comply with the requirement.\n\n#### 18 Announcement before entry\n\n An authorised officer executing a monitoring warrant must, before entering premises under the warrant:\n (a) announce that he or she is authorised to enter the premises; and\n (b) give any person at the premises an opportunity to allow entry to the premises.\n\n#### 19 Copy of warrant to be shown to occupier etc.\n\n (1) If the occupier of the premises, or another person who apparently represents the occupier, is present at the premises, the authorised officer executing the monitoring warrant or an assisting officer must make a copy of the warrant available to the person.\n (2) The authorised officer must identify himself or herself to the person at the premises.\n (3) The copy of the monitoring warrant need not include the signature of the magistrate who issued it.\n\n#### 20 Use of electronic equipment in exercising monitoring powers\n\n (1) An authorised officer or an assisting officer may operate electronic equipment already at the premises in order to exercise monitoring powers if he or she believes, on reasonable grounds, that the operation of the equipment can be carried out without damage to the equipment.\n (2) If the authorised officer or an assisting officer believes, on reasonable grounds, that:\n (a) there is on the premises material relating to information provided under the Automotive Transformation Scheme that may be accessible by operating electronic equipment on the premises; and\n (b) expert assistance is required to operate the equipment; and\n (c) if he or she does not take action under this subsection, the material may be destroyed, altered or otherwise interfered with;\n he or she may do whatever is necessary to secure the equipment, whether by locking it up, placing a guard, or otherwise.\n (3) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to secure equipment and of the fact that the equipment may be secured for up to 24 hours.\n (4) The equipment may be secured:\n (a) for a period not exceeding 24 hours; or\n (b) until the equipment has been operated by the expert;\n whichever happens first.\n (5) If an authorised officer or an assisting officer believes, on reasonable grounds, that the expert assistance will not be available within 24 hours, he or she may apply to a magistrate for an extension of the period.\n (6) The authorised officer or an assisting officer must give notice to the occupier of the premises of his or her intention to apply for an extension. The occupier is entitled to be heard in relation to that application.\n (7) The provisions of this Division relating to the issue of monitoring warrants apply, with such modifications as are necessary, to the issue of an extension.\n\n#### 21 Compensation for damage to electronic equipment\n\n (1) This section applies if:\n (a) as a result of electronic equipment being operated as mentioned in section 20:\n (i) damage is caused to the equipment; or\n (ii) the data recorded on the equipment is damaged; or\n (iii) programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and\n (b) the damage or corruption occurs because:\n (i) insufficient care was exercised in selecting the person who was to operate the equipment; or\n (ii) insufficient care was exercised by the person operating the equipment.\n (2) The Commonwealth must pay the owner of the equipment, or the user of the data or programs, such reasonable compensation for the damage or corruption as the Commonwealth and the owner or user agree on.\n (3) However, if the owner or user and the Commonwealth fail to agree, the owner or user may institute proceedings in the Federal Court for such reasonable amount of compensation as the Court determines.\n (4) In determining the amount of compensation payable under subsection (3), regard is to be had to whether the occupier of the premises, or the occupier’s employees and agents, if they were available at the time, provided any appropriate warning or guidance on the operation of the equipment.\n (5) Compensation is payable out of money appropriated by the Parliament.\n\n#### Subdivision E—Occupier’s rights and responsibilities\n\n#### 22 Occupier entitled to be present during execution of monitoring warrant\n\n (1) If:\n (a) a monitoring warrant is being executed; and\n (b) the occupier of the premises to which the warrant relates, or another person who apparently represents the occupier, is present at the premises;\n the person is entitled to observe the execution of the warrant.\n (2) The right to observe the execution of the warrant ceases if the person impedes that execution.\n (3) This section does not prevent the execution of the warrant in 2 or more areas of the premises at the same time.\n\n#### 23 Occupier to provide authorised officer with facilities and assistance\n\n The occupier of premises to which a monitoring warrant relates, or another person who apparently represents the occupier, must provide the authorised officer executing the warrant and any assisting officer with all reasonable facilities and assistance for the effective exercise of their powers.\n\n> Note: Failure to comply with this requirement is an offence—see section 25.\n\n#### Subdivision F—Offences\n\n#### 24 Offence for failure to answer questions, produce books etc.\n\n (1) A person commits an offence if the person refuses or fails to comply with a requirement under paragraph 12(1)(e).\n\nPenalty: 6 months imprisonment.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2)—see subsection 13.3(3) of the Criminal Code.\n\n (3) It is a reasonable excuse for a person to refuse or fail to answer a question or produce a book, record or document if answering the question, or producing the book, record or document, would tend to incriminate the person.\n\n#### 25 Offence for failing to provide authorised officer with facilities and assistance\n\n A person commits an offence if:\n (a) the person is subject to a requirement under section 23; and\n (b) the person does an act or omits to do an act; and\n (c) the act or omission breaches the requirement.\n\nPenalty: 30 penalty units.\n\n#### Subdivision G—Miscellaneous\n\n#### 26 Magistrates—personal capacity\n\n Functions conferred personally\n (1) The functions conferred on a magistrate by sections 15 and 16 are conferred on the magistrate:\n (a) in a personal capacity; and\n (b) not as a court or a member of a court.\n Functions need not be accepted\n (2) The magistrate need not accept the functions conferred.\n Protection and immunity\n (3) A magistrate performing a function conferred by sections 15 and 16 has the same protection and immunity as if he or she were performing the function:\n (a) as the court of which the magistrate is a member; or\n (b) as a member of the court of which the magistrate is a member.\n\n## Part 3—Miscellaneous\n\n#### 27 Transitional arrangements\n\n The Automotive Transformation Scheme must provide for matters of a transitional nature relating to ACIS.\n\n> Note: Example: A matter of a transitional nature would include the recognition of eligible investments made under ACIS by persons or entities who become ATS participants.\n\n#### 27A Annual report\n\n The Secretary must include the following in the Department’s annual report for a financial year:\n (a) the total amounts of capped assistance and uncapped assistance paid to ATS participants under the Automotive Transformation Scheme during the 12 month period ending on 31 March in the financial year;\n (b) details of the progress of the Australian automotive industry towards achieving economic sustainability, environmental outcomes and workforce skills development.\n\n#### 28 Delegation\n\n (1) The Minister may, by written instrument, delegate to the Secretary all or any of the Minister’s powers under the Automotive Transformation Scheme.\n (2) The Secretary may, by written instrument, delegate to an SES employee in the Department all or any of the Secretary’s powers under the Scheme.\n (3) If a power of a prescribed kind is delegated to the Secretary under subsection (1), the Secretary may, by written instrument, delegate that power to an SES employee in the Department.\n (4) In exercising powers under a delegation under subsection (1) or (3), the delegate must comply with any directions of the Minister.\n (5) In exercising powers under a delegation under subsection (2), the delegate must comply with any directions of the Secretary.\n\n#### 29 Regulations\n\n The Governor General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":39},{"sectionNumber":"26","sectionType":"section","heading":"Magistrates—personal capacity","content":"#### 26 Magistrates—personal capacity\n\n Functions conferred personally\n (1) The functions conferred on a magistrate by sections 15 and 16 are conferred on the magistrate:\n (a) in a personal capacity; and\n (b) not as a court or a member of a court.\n Functions need not be accepted\n (2) The magistrate need not accept the functions conferred.\n Protection and immunity\n (3) A magistrate performing a function conferred by sections 15 and 16 has the same protection and immunity as if he or she were performing the function:\n (a) as the court of which the magistrate is a member; or\n (b) as a member of the court of which the magistrate is a member.","sortOrder":40},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"## Part 3—Miscellaneous","sortOrder":41},{"sectionNumber":"27","sectionType":"section","heading":"Transitional arrangements","content":"#### 27 Transitional arrangements\n\n The Automotive Transformation Scheme must provide for matters of a transitional nature relating to ACIS.\n\n> Note: Example: A matter of a transitional nature would include the recognition of eligible investments made under ACIS by persons or entities who become ATS participants.","sortOrder":42},{"sectionNumber":"27A","sectionType":"section","heading":"Annual report","content":"#### 27A Annual report\n\n The Secretary must include the following in the Department’s annual report for a financial year:\n (a) the total amounts of capped assistance and uncapped assistance paid to ATS participants under the Automotive Transformation Scheme during the 12 month period ending on 31 March in the financial year;\n (b) details of the progress of the Australian automotive industry towards achieving economic sustainability, environmental outcomes and workforce skills development.","sortOrder":43},{"sectionNumber":"28","sectionType":"section","heading":"Delegation","content":"#### 28 Delegation\n\n (1) The Minister may, by written instrument, delegate to the Secretary all or any of the Minister’s powers under the Automotive Transformation Scheme.\n (2) The Secretary may, by written instrument, delegate to an SES employee in the Department all or any of the Secretary’s powers under the Scheme.\n (3) If a power of a prescribed kind is delegated to the Secretary under subsection (1), the Secretary may, by written instrument, delegate that power to an SES employee in the Department.\n (4) In exercising powers under a delegation under subsection (1) or (3), the delegate must comply with any directions of the Minister.\n (5) In exercising powers under a delegation under subsection (2), the delegate must comply with any directions of the Secretary.","sortOrder":44},{"sectionNumber":"29","sectionType":"section","heading":"Regulations","content":"#### 29 Regulations\n\n The Governor General may make regulations prescribing matters:\n (a) required or permitted by this Act to be prescribed; or\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":45}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"4 (definitions of 'authorised officer' and 'Automotive Transformation Scheme')","severity":"medium","reasoning":"The definition of 'authorised officer' depends on the Automotive Transformation Scheme existing and operating, while the Scheme itself must prescribe the mechanism for appointing authorised officers. Until the Scheme is made by regulation, there can be no authorised officers; but without authorised officers, monitoring and compliance functions in Division 3 cannot operate at all. The Act's own definitions create a bootstrapping problem.","confidence":0.82,"description":"Circular definition chain: 'authorised officer' is defined as a person appointed by the Secretary 'under the Automotive Transformation Scheme', but the 'Automotive Transformation Scheme' is defined as the scheme prescribed for the purposes of section 5, which itself requires the Scheme to provide for the appointment of authorised officers. The authorised officer cannot exist until the Scheme exists, but the Scheme's validity depends on provisions (like section 5(1)(f)) that presuppose authorised officers can be appointed under it."},{"type":"self_contradicting","section":"Section 4 (stage 1 and stage 2 definitions)","severity":"high","reasoning":"The first quarter of 2016 (January, February, March) is expressly annexed to stage 1 under s4(b) of the stage 1 definition. Yet stage 2 commences on 1 January 2016 under s4(a) of the stage 2 definition. This is not merely ambiguous — it is a direct temporal overlap. Any capped assistance paid in Q1 2016 could be counted against either stage's cap, creating irresolvable accounting confusion and potentially allowing double-counting or undercounting against the $1.5B and $1B caps in s8(1).","confidence":0.95,"description":"Stage 1 and stage 2 definitions create an overlapping period. Stage 1 includes 'January, February and March 2016' as sub-paragraph (b). Stage 2 begins on '1 January 2016' under sub-paragraph (a). This means January, February and March 2016 are simultaneously within both stage 1 (by explicit inclusion) and stage 2 (as part of the period beginning 1 January 2016)."},{"type":"other","section":"Section 8(2) and Section 8(1)","severity":"low","reasoning":"The drafters likely intended $300M x 5 years = $1.5B for stage 1, but the inclusion of Q1 2016 in stage 1 means there is a sixth partial period. The carry-forward in s8(3) complicates this further, as rolled-over amounts from years where less than $300M was paid could theoretically allow the annual amount to spike well above $300M in the final year(s) of a stage, subject only to the overall stage cap. The interaction is not cleanly resolved.","confidence":0.72,"description":"The annual cap of $300 million per year is arithmetically inconsistent with the stage caps. Stage 1 runs from 1 January 2011 to 31 December 2015 (5 years) plus Q1 2016, giving effectively 5.25 years. At $300 million per year, the theoretical maximum is $1.575 billion, which exceeds the stage 1 cap of $1.5 billion. While the stage cap is the overriding limit, the carry-forward mechanism in s8(3) could theoretically push spending above $300M in later years of a stage, creating tension with the interaction of both caps simultaneously."},{"type":"other","section":"Section 8(4) and Section 8(6)","severity":"medium","reasoning":"The carve-out in s8(4) ('subject to subsection (6)') acknowledges the tension but does not resolve it — s8(6) permits payment of recovered amounts in 'the year following the last year of that stage' without any deadline within that year. This creates an indefinite payment window for one category of assistance while imposing a hard 1 April cutoff for all others, and is further complicated by the stage 1/stage 2 overlap in Q1 2016.","confidence":0.78,"description":"Section 8(4) prohibits payment of capped assistance for a year on or after 1 April of the following year. However, section 8(6) permits recovered amounts from the last year of a stage to be paid in the year following the last year of that stage. For stage 1, the last year is 2015 (or arguably Q1 2016), meaning recovered amounts could be paid in 2016 or 2017. But s8(4) would normally prohibit payments for 2015 on or after 1 April 2016. Section 8(4) is expressed to be 'subject to subsection (6)', but this creates uncertainty about exactly when in 2016 or 2017 such payments can be made, since s8(6) itself sets no deadline."},{"type":"impossible_compliance","section":"Section 13(5)(b) and Section 23","severity":"low","reasoning":"If consent is withdrawn mid-inspection (as expressly permitted by s13(5)(b)), the authorised officer must leave, ending any s23 assistance obligation. But this means a partially-completed inspection with no statutory mechanism to resume it under warrant authority without a fresh application to a magistrate. The scheme does not address this gap, creating a practical loophole where an occupier can frustrate monitoring by granting then withdrawing consent before a warrant can be obtained.","confidence":0.7,"description":"There is a practical impossibility created by the interaction of consent-based entry and the obligation to assist. Under s13(5)(b), if an authorised officer enters by consent, the occupier can ask them to leave at any time and the officer must comply. However, s23 requires the occupier to provide 'all reasonable facilities and assistance' to officers executing a monitoring warrant. These provisions apply to different entry modes, but an occupier who initially consented and then withdrew consent (forcing the officer to leave) cannot simultaneously be obliged under s23 to assist — yet the Act provides no mechanism to convert a consent-based entry into a warrant-based one mid-inspection."},{"type":"self_contradicting","section":"Section 26(1) and Section 26(3)","severity":"medium","reasoning":"This is a known drafting technique to address Kable-doctrine constitutional concerns about conferring non-judicial functions on court members, but the internal logic is self-undermining: the section says the magistrate is NOT acting as a court, then grants immunity AS IF they were acting as a court. While legally functional in practice (courts have resolved this), it is a genuine logical absurdity on the face of the text.","confidence":0.8,"description":"Section 26 purports to confer functions on magistrates 'in a personal capacity and not as a court or a member of a court', yet s26(3) grants them 'the same protection and immunity as if he or she were performing the function as the court of which the magistrate is a member.' The protection is defined by reference to a court-capacity that the same section denies applies. The immunity is derived from a status the provision simultaneously disclaims."},{"type":"impossible_compliance","section":"Section 10","severity":"high","reasoning":"Under s83 of the Constitution, no money can be drawn from the Consolidated Revenue Fund except under an appropriation made by law. Section 10 explicitly appropriates only capped assistance. Uncapped assistance has no appropriation in this Act. Unless another Act appropriates funds for uncapped assistance, any payment of uncapped assistance would be constitutionally invalid. The Act establishes a two-tier assistance scheme but only provides the legal mechanism to pay half of it.","confidence":0.88,"description":"Section 10 appropriates the Consolidated Revenue Fund only for 'capped assistance'. There is no appropriation provision for 'uncapped assistance' anywhere in the Act, despite s7 establishing that uncapped assistance is a distinct and valid form of assistance under the Scheme, and s9 requiring the Scheme to provide for payments of both capped and uncapped assistance."},{"type":"other","section":"Section 2 (commencement table)","severity":"medium","reasoning":"While this contingent commencement mechanism is legally valid, it creates a logical paradox: an Act with a short title and commencement provision but no operative content. The Act references the Scheme throughout ss1–2 (in the commencement table headings) but those references have no legal effect if ss3–29 never commence. The Act would be legally alive but functionally dead with no self-contained mechanism for its own repeal in that scenario.","confidence":0.65,"description":"The Act was passed and received Royal Assent on 29 September 2009. Sections 3 to 29 were contingent on the ACIS Administration Amendment Act 2009 receiving Royal Assent before 1 July 2010. If that condition was not met, sections 3–29 'do not commence at all.' This creates a scenario where the Act exists in law (ss1–2 have commenced) but has no operative provisions — an empty legislative shell that cannot be repealed by the mechanism it establishes because the repeal/amendment powers in the operative sections have never commenced."}],"contradictions":[{"severity":"high","section_a":"Section 4 — definition of stage 1, paragraph (b): includes January, February and March 2016","section_b":"Section 4 — definition of stage 2, paragraph (a): 'the period beginning on 1 January 2016 and ending on 31 December 2020'","confidence":0.95,"description":"January, February and March 2016 fall within both stage 1 (by express annexation in the definition) and stage 2 (as the opening quarter of a period beginning 1 January 2016). Any assistance paid or activity occurring in Q1 2016 is simultaneously in both stages, making it impossible to determine which stage cap applies."},{"severity":"high","section_a":"Section 7 — establishes uncapped assistance as a valid kind of assistance under the Scheme","section_b":"Section 10 — appropriates Consolidated Revenue Fund only for capped assistance","confidence":0.85,"description":"The Act creates two kinds of assistance (s7) but only provides a constitutional appropriation for one of them (s10). Uncapped assistance payments would lack a valid appropriation under this Act, potentially rendering them unconstitutional under s83 of the Constitution."},{"severity":"medium","section_a":"Section 13(5)(b) — occupier may ask authorised officer to leave at any time during consent-based entry","section_b":"Section 12(1)(d) — during consent-based entry, authorised officer may ask persons to answer questions and produce documents","confidence":0.75,"description":"The power to ask questions and request documents under s12(1)(d) during a consent-based entry is undermined by the occupier's unfettered right to terminate the entry under s13(5)(b). An officer mid-question can be ejected with no compulsive mechanism to complete the inquiry, while under a warrant the equivalent power in s12(1)(e) carries criminal penalties for non-compliance. The consent-based questioning power is therefore practically illusory."},{"severity":"medium","section_a":"Section 8(2) — total capped assistance paid in respect of a year must not exceed $300 million","section_b":"Section 8(3) and 8(6) — carry-forward and recovered-amount mechanisms allow payments in a given year to exceed $300 million","confidence":0.78,"description":"Section 8(2) imposes a hard $300 million annual cap 'subject to subsection (3)'. The carry-forward in s8(3) and the recovered-amounts mechanism in s8(6) can result in amounts significantly above $300 million being payable in a single year. The 'subject to' qualification dilutes s8(2) to the point where the annual cap is not a genuine cap but merely a default, creating an apparent contradiction between the cap and its exceptions."},{"severity":"low","section_a":"Section 26(1) — magistrate functions conferred in personal capacity, not as a court or member of a court","section_b":"Section 26(3) — magistrate has same protection and immunity as if performing function as the court of which the magistrate is a member","confidence":0.8,"description":"Section 26 simultaneously asserts that the magistrate is not acting as a court (s26(1)) and grants immunity calibrated to court-capacity performance (s26(3)). The immunity standard is defined by reference to a capacity that the same section denies is engaged."},{"severity":"low","section_a":"Section 17 — authorised officer loses all powers under Division 3 if they fail to produce identity card on request","section_b":"Section 18 — authorised officer must announce authority and give opportunity for entry before entering under a monitoring warrant","confidence":0.6,"description":"Section 18 requires the officer to announce authority before entry. Section 17 requires production of an identity card when required by the occupier. If an occupier demands the identity card before allowing entry (i.e., before the officer has entered), s17 technically has not yet been triggered (it applies 'in relation to premises' implying the officer is attempting to exercise powers there), while s18's announcement requirement is a pre-entry obligation. The sequencing creates uncertainty about whether an officer who cannot immediately produce an identity card at the threshold has 'failed' under s17 before ever entering."}]},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act closely tracks its stated purpose: establishing a financial assistance scheme for the automotive industry with built-in compliance mechanisms. The monitoring and enforcement powers, while detailed, are a standard and proportionate feature of industry subsidy schemes. There is no evidence of scope creep — the Act does what its title and object clause say it will do."},"complexity_factors":["Two-tiered financial assistance structure (capped vs uncapped) with complex carry-forward and roll-over rules across two distinct multi-year stages","Self-assessment scheme model requires participants to understand their own eligibility and calculate payments, creating compliance risk","Detailed monitoring and inspection powers framework with multiple subdivisions covering consent, warrants, electronic equipment, occupier rights, and offences","The scheme's actual detail is largely delegated to subordinate regulations (not in the Act itself), meaning the full picture requires reading the Act alongside the Automotive Transformation Scheme regulations","Criminal liability provisions (up to 6 months imprisonment) embedded in an industry assistance scheme — unusual combination requiring careful reading","Interaction with predecessor legislation (ACIS Administration Act 1999) and transitional provisions adds historical context complexity","Conditional commencement provisions (sections 3–29 only commenced if a separate Act received Royal Assent by a deadline)","Cross-referencing between sections is frequent, requiring readers to navigate multiple provisions to understand any single rule"],"plain_english_summary":"## Automotive Transformation Scheme Act 2009 — What It Does\n\nThis law set up a **government financial assistance program** for the Australian car manufacturing industry, running from 2011 to 2021. Think of it as a structured government subsidy scheme designed to keep Australia's automotive sector competitive and sustainable.\n\n### Who does it affect?\n- **Car manufacturers and automotive parts makers** registered under the scheme (called \"ATS participants\")\n- **Government inspectors** (called \"authorised officers\") who check whether participants are playing by the rules\n- **Taxpayers** — the scheme drew from the public purse (the Consolidated Revenue Fund)\n\n### What does it actually do?\n\n**Financial assistance:**\n- The government paid money to registered automotive businesses based on their qualifying investments (e.g., spending on new equipment, R&D, or workforce training)\n- There were two types of payments: **\"capped\" assistance** (with a set limit) and **\"uncapped\" assistance** (no set ceiling)\n- Capped assistance was limited to **$1.5 billion in Stage 1** (2011–2016) and **$1 billion in Stage 2** (2016–2021), with a maximum of $300 million per year\n- Companies self-assessed their own entitlements (similar to how tax returns work), then the government could check and recover overpayments\n\n**Conditions and clawbacks:**\n- All payments came with strings attached — the government could take money back if conditions weren't met\n- The government could even recover money from third parties who owed money to a participant\n\n**Environmental and workforce goals:**\n- The scheme wasn't just about handing out cash. Participants had to show progress on **greener practices** and **skills development** for workers\n\n**Compliance and inspections:**\n- Government inspectors could enter business premises (with consent or a court-issued warrant) to check records and verify claims\n- Inspectors could search records, copy documents, and operate computers to check for compliance\n- **Refusing to cooperate with a warranted inspection** could result in up to **6 months imprisonment**\n- **Failing to assist inspectors** could attract a fine (30 penalty units — around $7,800 at 2009 rates)\n\n**Transition from the old scheme:**\n- This replaced the previous **ACIS (Automotive Competitiveness and Investment Scheme)**. Investments made under ACIS could be recognised under the new scheme\n\n### Why does it matter?\nThis law was part of the Rudd Government's effort to modernise and future-proof Australia's car industry — which ultimately failed, with the last Australian-made cars rolling off the line in 2017. The scheme has since wound up, but understanding it matters for businesses that participated and may have ongoing obligations regarding overpayments or compliance reviews."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Act operates within the original purpose stated in s3: establish an Automotive Transformation Scheme that pays assistance linked to prescribed investments, with objectives of investment, sustainability, environmental outcomes and skills. The text sticks to that scope: it sets high‑level caps, monitoring and recovery powers, transitional recognition for the predecessor ACIS, reporting and delegation. The Act delegates operational detail to regulations (s5, s29) but does not broaden the Scheme beyond the object set out in s3; therefore there is no significant expansion of scope in this version compared with the Act’s stated purpose."},"complexity_factors":["Relatively short primary text but extensive delegation to regulations (s5, s29) increasing interpretive complexity","11 defined terms in the interpretation/definitions section (s4) and multiple stage/date definitions (stage 1, stage 2)","Numerical caps and temporal carry‑forward rules for capped assistance with special treatment of recovered amounts (s8(1)–(6))","Monitoring powers with layered procedural rules: consent regime, magistrate warrant regime, electronic equipment rules, short‑term securing and extension process (ss11–21)","Criminal and civil sanctions in different forms (imprisonment under s24; monetary penalty units under s25; Federal Court for compensation under s21(3))","Cross‑references to other instruments and Acts: ACIS (legacy scheme) references and Administrative Appeals Tribunal/court review limitations (s4, s5(1)(e), s27)","Delegation chain and directions rules (Minister→Secretary→SES; Secretary→SES) creating multi‑level administrative decision paths (s28)","Personal capacity functions for magistrates and immunity provisions (s26) add non‑standard judicial procedure points","Mixed content types: fiscal (appropriation s10), regulatory (regulations), enforcement (search/warrant/offences) and reporting (s27A) — requires reading across Part types to understand full operation"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes the framework for an Automotive Transformation Scheme (the “Scheme”) by requiring the details to be set out in regulations (s5). The Act itself sets the high‑level rules and leaves operational detail to the regulations.\n\n- Creates two forms of financial support to registered participants (ATS participants): capped assistance and uncapped assistance (s7). The Act sets global caps and annual limits for capped assistance across two multi‑year stages (s8):\n - Stage 1 total cap: $1.5 billion; Stage 2 total cap: $1.0 billion (s8(1)).\n - Annual limit: normally no more than $300 million per year, with limited carry‑forward within each stage and special treatment of recovered amounts (s8(2)–(6)).\n\n- Requires the Scheme (in regulations) to specify: how participants register; when and how payments are made; recovery or offset arrangements for overpayments; interest on overpayments; review arrangements for decisions; appointment of authorised officers; and other incidental matters (s5–6, s9).\n\n- Provides the appropriation (funding) mechanism for capped assistance: amounts come from the Consolidated Revenue Fund (s10).\n\n- Gives authorised officers monitoring and enforcement powers to check compliance with the Scheme. Officers may enter premises with occupier consent or under a magistrate‑issued monitoring warrant, and then search, copy records, operate electronic equipment, take samples, photograph, require answers or documents (if warranted), and secure items or equipment short‑term (ss11–12, 20). There are procedural protections: consent must be voluntary and occupiers must be told they can refuse; officers must produce identity cards and, where a warrant is used, show a copy and state its terms (s13, s17–19).\n\n- Establishes offences and sanctions for obstructing monitoring: failing to answer questions or produce material when required can attract imprisonment (6 months) unless there is a reasonable excuse (s24); failing to provide reasonable assistance under a warrant can attract a financial penalty (s25).\n\n- Provides compensation and a dispute route if Commonwealth actions damage electronic equipment or its data while exercising monitoring powers; compensation is payable and unsettled cases can be litigated in the Federal Court (s21).\n\n- Requires transitional arrangements so investments that were eligible under the previous ACIS scheme can be recognised when appropriate (s27). It also requires reporting in the Department’s annual report on amounts paid and industry progress (s27A).\n\n- Enables delegation of Ministerial and Secretary powers to the Secretary and SES officers respectively (s28), and authorises the Governor‑General to make regulations needed to operate the Scheme (s29).\n\n**Who this affects**\n\n- ATS participants: persons, companies or groups who register under the Scheme to receive payments tied to qualifying investments (defined in the regulations) (s4, s5). They are the direct beneficiaries.\n\n- The Commonwealth (taxpayers / Consolidated Revenue Fund): pays capped assistance (s10) and bears the fiscal cost of uncapped assistance unless otherwise provided in regulations.\n\n- The Secretary and Minister: responsible for administering registrations, payments, recovery and delegations (ss5, 28).\n\n- Authorised officers and magistrates: officers enforce and monitor; magistrates issue monitoring warrants and may perform those functions personally (ss14–16, 26).\n\n- Occupiers of premises (including ATS participants and their contractors/suppliers): subject to monitoring entries, obligations to assist when warrants are executed, and afforded certain procedural safeguards (ss11–13, 22–23).\n\n**Why it matters (official rationale then practical effects and trade‑offs)**\n\n- Official rationale: the Act is intended to encourage competitive investment and innovation in the Australian automotive industry and help place the industry on an economically sustainable footing by providing assistance linked to prescribed investments, while improving environmental outcomes and workforce skills (s3). That is the objective the Scheme must pursue.\n\n- How the design translates to incentives and costs:\n - Benefit concentration: financial assistance is concentrated on registered ATS participants who make prescribed investments (s5–6, s7). Those participants receive direct financial incentives to invest in eligible capital or activities.\n - Cost diffusion: funding comes from the Consolidated Revenue Fund (s10), so costs are borne by the Commonwealth budget/taxpayers rather than only by industry. Capped totals and annual limits (s8) are the legislative mechanism to constrain fiscal exposure.\n - Conditionality and recoveries: payments are conditional and may be offset or recovered; the Scheme can recover payments from third parties who owe money to participants (s9). That reduces some moral‑hazard risk but creates collection and administration tasks.\n - Administrative discretion and rule‑making: the Act leaves important details to regulations (s5, s29). That concentrates discretion in regulators (Secretary/Minister and delegated officials) about eligibility, amounts and implementation, creating implementation risk and potential for administrative variability.\n - Compliance burden and enforcement: authorised officers have broad monitoring powers including electronic‑data access, copying and short‑term securing of equipment (ss12, 20). That supports enforcement but increases compliance and privacy burdens for participants and their suppliers.\n - Legal risk and appeal limits: the Act contemplates review of decisions and indicates there may be limitations on implementing some Administrative Appeals Tribunal or court decisions in prescribed circumstances (s5(1)(e)). The text signals there may be rules limiting the practical effect of some merits or judicial remedies, which affects procedural risk for participants.\n\n**Implementation risks and trade‑offs**\n\n- Trade‑off between control and administrative cost: the Act builds significant monitoring and recovery powers (ss11–12, 20, 9) to limit over‑payments and fraud, but exercising those powers imposes administrative costs and raises risks of disputes (including over damage to electronic systems — s21).\n\n- Discretion vs certainty for industry: leaving key program detail to regulations (s5, s29) allows faster adjustments but reduces legal certainty for investors about what qualifies—this affects investment decisions where long lead times matter.\n\n- Concentrated benefits can create lobbying incentives: a relatively small set of participants will capture payments; the Act’s structure (capped pools, eligibility rules in regulations) creates incentives for applicants to seek favourable treatment via regulatory design. The Act itself provides mechanisms (registration criteria, deregistration, inalienability—s6) to control that, but the risk of regulatory capture is a practical consideration for designers and overseers.\n\n**Key procedural protections for individuals and businesses**\n\n- Consent or warrant required for entry; consent must be voluntary and occupiers must be told they can refuse (s11, s13).\n- Officers must produce identity cards on request (s17) and make a copy of a warrant available when executed (s19).\n- Occupiers may observe warrant execution unless they impede it (s22).\n- Compensation scheme exists for damage to electronic equipment caused by Commonwealth operation of equipment if negligent (s21).\n\n**Where to look in the Act**\n- Objects and high‑level purpose: s3.\n- Regulation‑making requirement and who administers: s5, s28, s29.\n- Types and caps on assistance: ss7–10, especially s8 for caps.\n- Payments, conditions and recovery powers: s9.\n- Monitoring, warrants and enforcement (powers, procedure, offences and compensation): ss11–26, esp. ss11–12, 14–16, 20–25.\n- Transitional arrangements and reporting: ss27–27A.\n\n"},"kimi_summary":{"_metrics":{"completionTokens":527},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing a time-limited financial assistance scheme for the automotive industry with compliance monitoring. No significant scope creep is evident."},"complexity_factors":["Nested time periods with overlapping 'stage 1' and 'stage 2' definitions (including odd 3-month extensions into the next year)","Complex carry-forward rules for capped assistance with multiple exceptions (section 8)","Extensive monitoring powers regime with 7 subdivisions covering warrants, consent, electronic equipment, and offences","Cross-references to the former ACIS Administration Act 1999 for transitional arrangements","Self-assessment structure delegates significant responsibility to participants while retaining strong enforcement powers","Multiple layers of delegation (Minister → Secretary → SES employee) with directional controls"],"plain_english_summary":"This Act establishes the **Automotive Transformation Scheme (ATS)**, a government program to financially support Australia's automotive industry from 2011 to 2021.\n\n**What it does:**\n- Provides **$2.5 billion in capped assistance** ($1.5 billion for 2011–2015, $1 billion for 2016–2021), plus uncapped assistance\n- Pays registered participants (**ATS participants**) based on their eligible investments in the industry\n- Operates as a **self-assessment scheme** — participants assess their own eligibility\n- Requires the scheme to improve **environmental outcomes** and **workforce skills**\n\n**Who it affects:**\n- Car manufacturers and automotive industry businesses who register as ATS participants\n- The Department Secretary who administers the scheme and appoints **authorised officers**\n\n**Key features:**\n- **Capped assistance** has annual limits ($300 million/year) with carry-forward rules for unused amounts\n- **Monitoring powers** allow authorised officers to enter premises (with consent or warrant) to check compliance, inspect documents, operate electronic equipment, and secure evidence\n- **Offences** apply for refusing to answer questions (up to 6 months imprisonment) or failing to provide assistance (30 penalty units)\n- **Compensation** is payable if electronic equipment is damaged during monitoring\n- **Delegation** allows the Minister and Secretary to delegate powers to senior public servants\n\n**Why it matters:**\nThis was a major industry policy designed to help Australian car manufacturing transition to a more competitive, sustainable model — though the industry ultimately closed down during this period. The Act includes extensive compliance and enforcement mechanisms to protect taxpayer funds."}},"importantCases":[],"_links":{"self":"/api/acts/automotive-transformation-scheme-act-2009","history":"/api/acts/automotive-transformation-scheme-act-2009/history","analysis":"/api/acts/automotive-transformation-scheme-act-2009/analysis","conflicts":"/api/acts/automotive-transformation-scheme-act-2009/conflicts","importantCases":"/api/acts/automotive-transformation-scheme-act-2009/important-cases","documents":"/api/acts/automotive-transformation-scheme-act-2009/documents"}}