17Registration of persons

17 Registration of persons

(1) Subject to this section, a person may be registered under this section as a registered shipbuilder for the purposes of this Act. (2) An application for registration under this section as a registered shipbuilder may be made to the Minister, in accordance with the appropriate approved form, by a person who carries out or proposes to carry out the construction or modification of bountiable vessels in Australia. (3) Subject to subsections (6) and (8), where an application for registration is made under subsection (2) by a person who, in the opinion of the Minister, carries out or proposes to carry out the construction or modification of bountiable vessels in Australia, the Minister shall: (a) register the applicant as a registered shipbuilder by: (i) signing a notice, in writing, stating that the applicant is registered as a registered shipbuilder for a period of one year commencing on such day, occurring after 30 June 1989, as is specified in the notice, whether that day occurs before, on, or after, the day of issue of the notice; and (ii) causing the notice to be served on the applicant; or (b) refuse to register the applicant as a registered shipbuilder and causing a notice in writing stating that the Minister has refused to register the applicant as a registered shipbuilder to be served on the applicant. (4) A further application may be made under subsection (2) notwithstanding that, at the time of the further application, the applicant is, or has been, registered under this section as a registered shipbuilder but the Minister shall not, in dealing with that further application, specify, in a notice under paragraph (3)(a), a day for the commencement of a registration period that occurs earlier than the day following the end of the most recent period of registration of the person. (5) The registration of a person in respect of whom the Minister has issued a notice under paragraph (3)(a) shall have effect in accordance with the terms of that notice. (6) The Minister shall not register an applicant for registration unless: (a) the applicant is a body corporate incorporated under a law of the Commonwealth or of a State or Territory; (b) the applicant lodges, with the application, the documents set out in subsection (7); (c) the applicant demonstrates, to the satisfaction of the Minister, that the applicant has technical and financial management skills necessary to ensure the successful completion of the construction or modification of bountiable vessels; (d) the applicant demonstrates, to the satisfaction of the Minister, that during the period to which the application relates: (i) the applicant will have access to such facilities, including a waterfront site, as are necessary for undertaking the construction or modification of bountiable vessels; (ii) at least 75% of the applicant’s activities will be devoted to the construction or modification of vessels of more than 150 but not more than 20,000 gross construction tons; and (iii) the applicant will at all times have in its employment at least 40 persons involved in the business of constructing or modifying vessels referred to in subparagraph (ii) and at least one apprentice for every 8 tradespersons included within the 40 persons who are so involved; and (e) the applicant complies with any other condition of registration that is specified in the regulations for the purpose of this paragraph. (7) For the purposes of subsection (6), an applicant for registration shall lodge with the application: (a) an independent auditor’s report verifying the applicant’s capacity: (i) to fund the construction or modification of bountiable vessels; and (ii) to meet all financial liabilities likely to be incurred by the applicant in connection with the construction or modification of bountiable vessels or with performance guarantees given in relation to bountiable vessels; (b) a business plan that outlines: (i) the applicant’s current position in the world market for the construction or modification for bountiable vessels including a statement of the applicant’s position in that market with respect to products and technology; (ii) the applicant’s business objectives over a period (in this subsection called the planning period) commencing at the start of the period to which the application relates and ending on the expiration of 5 years or of the period to which the Act applies, whichever first occurs, and the applicant’s strategies for achieving those objectives; (iii) the applicant’s anticipated employment, investment and production levels during the planning period; (iv) the applicant’s plans for using bounty funds that are paid to the applicant; and (v) the applicant’s perception of how the phase‑down in the rate of bounty will affect the applicant’s business; and (c) a statement estimating the amount of bounty to which the applicant believes the applicant will become entitled during the financial year in which the application is made and of the amounts of bounty to which the applicant is likely to become entitled during each subsequent financial year within the period to which the Act applies. (8) The Minister may require an applicant for registration under this section to give such information as the Minister considers necessary for the purposes of this Act and may refuse to register the person unless the information is given to the satisfaction of the Minister. (9) Where, at any time during a period of registration of a person as a registered shipbuilder, the Minister becomes satisfied that the person: (a) no longer carries out the construction or modification of bountiable vessels in Australia; (b) has ceased to be a body corporate referred to in paragraph (6)(a); (c) no longer has the skills referred to in paragraph (6)(c); (d) no longer meets a requirement referred to in subparagraph (6)(d)(i), (ii) or (iii); or (e) has ceased to comply with any other condition of registration or of renewal of registration specified in accordance with paragraph (6)(e); the Minister may cancel the registration of the person as a registered shipbuilder by causing a notice, in writing, stating that the registration of the person as a shipbuilder is cancelled with effect from a day specified in the notice, not being a day earlier than the day of issue of the notice, to be served on the person.