11Other Commonwealth assistance

11 Other Commonwealth assistance

(1) For the purposes of this Act, a participant has received other Commonwealth assistance if the participant: (a) being an MVP, has received and is entitled to financial assistance other than duty credit in relation to the production of motor vehicles, engines or engine components of a kind giving rise to an entitlement to duty credit under this Act; or (b) being a participant of any kind, has received and is entitled to financial assistance other than duty credit for investment in plant and equipment of a kind giving rise to an entitlement to duty credit under this Act; or (c) being a participant of any kind, has received and is entitled to financial assistance other than duty credit for investment in research and development of a kind giving rise to an entitlement to duty credit under this Act. (2) For the purposes of paragraph (1)(a), an MVP is taken to have received and to have been entitled to financial assistance other than duty credit in relation to the production of motor vehicles, engines or engine components of a kind giving rise to an entitlement to duty credit under this Act if that MVP, whether before or after becoming such an MVP, received and was entitled to financial assistance other than duty credit in relation to goods whose later sale completed their production as such motor vehicles, engines or engine components. (3) The Minister may determine, in writing, that a specified form of assistance provided by the Commonwealth: (a) is not financial assistance for the purposes of this section; or (b) is financial assistance for the purposes of this section. (4) If the determination specifies that a form of assistance is financial assistance, the determination may also specify the method by which the amount of assistance received is to be worked out. (5) A determination under this section is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.