8Certificates for vessels

8 Certificates for vessels

(1) The Minister must, on application, issue a certificate to an entity for a vessel for an income year (the certificate year) if: (a) the entity is a constitutional corporation; and (b) the requirements in section 10 are met for the vessel for one or more days during the certificate year; and (c) during the income year the vessel was used, or was available for use, wholly or mainly for business or commercial activities involving carrying shipping cargo, or shipping passengers, on voyages.

Note 1: A certificate is needed for an entity to be eligible for a shipping tax incentive for the certificate year.

Note 2: A decision under this subsection is reviewable (see section 24).

(2) The certificate may set out: (a) that the entity’s management arrangements meet the management requirements; and (b) that the entity has a training plan that meets the training requirements; and (c) the days (if any) during the next income year for which all of the requirements referred to in subsection (3) are likely to be met. The certificate may set out other matters.

Note 1: The certificate will need to set out the matters in paragraphs (a) and (b) for the entity to be eligible for the exempt income incentive (see section 51‑100 of the Income Tax Assessment Act 1997).

Note 2: For paragraph (c), the applicant may have been required to give information about the next income year (see paragraph 11(2)(b)).

Note 3: A decision about the matters set out in the certificate is reviewable (see section 24).

(3) The certificate must set out the days during the certificate year for which all of the following requirements are met: (a) the requirements in paragraphs (1)(a), (b) and (c); (b) the management requirements and training requirements, if the certificate sets out the matters in paragraphs (2)(a) and (b).

Note: A decision about the matters set out in the certificate is reviewable (see section 24).

(4) However, the days set out under subsection (3) must not include: (a) a day during the first 9 months of the certificate year if: (i) a certificate under this section has never been issued to the entity for the vessel for an earlier income year; and (ii) the entity does not have a notice under section 14 for the vessel for the certificate year; or (b) a day that is earlier than 1 July 2012. (5) For the purposes of this Act and the Income Tax Assessment Act 1997, the days set out under subsection (3) are the days to which the certificate applies.