Link to law: https://www.comlaw.gov.au/Details/F2013L00904

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Automotive Transformation Scheme Amendment Order 2013 (No. 1)

I, Greg Combet AM, Minister for Climate Change, Industry and Innovation, make the following order under regulations 3.12 and 6.7 of the Automotive Transformation Scheme Regulations 2010.

Dated 31 May 2013

Greg Combet AM

Minister for Climate Change, Industry and Innovation

Contents

1............ Name of order............................................................................................................... 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedule(s).................................................................................................................... 1

Schedule 1—Amendments 2

Automotive Transformation Scheme Order 2010 2

1 Name of order

This order is the Automotive Transformation Scheme Amendment Order 2013 (No. 1).

2 Commencement

This order commences on the day after it is registered.

3 Authority

This order is made under the Automotive Transformation Scheme Regulations 2010.

4 Schedule(s)

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Automotive Transformation Scheme Order 2010

1 Subsection 3.2(1)

Repeal the subsection, substitute:

(1) For working out the MVP modulation rate for each of the first 3 quarters in an ATS year, the Secretary is to use steps 1 to 6 in this Division. For working out the MVP modulation rate for the final quarter in an ATS year, the Secretary is to use steps 2, 3, 4 and 6 in this Division.

2 Subsection 3.2(2)

Omit “5(c)”, substitute “6(c)”.

3 Step 1 in subsection 3.2(2)

Repeal the step, substitute:

Steps

Step 1

Work out forecast capped and uncapped amounts for all MVPs for use in working out sales‑based cap rate and modulation rate for current quarter in an ATS year

1(a)

Work out the forecast capped production amounts for each MVP for the remaining quarters in the ATS year under subsection 2.1(2) using the information included in the MVP’s business plans under subregulation 2.12(3) and regulation 2.27.

1(b)

Work out the forecast capped investment amounts for each MVP for the remaining quarters in the ATS year under section 2.2 using the information included in the MVP’s business plans under subregulation 2.12(3) and regulation 2.27.

1(c)

Add together the amounts worked out under steps 1(a) and 1(b) for each MVP.

1(d)

Work out the forecast uncapped production amounts for each MVP for the remaining quarters in the ATS year under subsection 2.1(1) using the information included in the MVP’s business plans under subregulation 2.12(3) and regulation 2.27.

1(e)

Add together the amounts worked out under steps 1(c) and 1(d) for each MVP.

4 Step 2(b) in subsection 3.2(2)

Repeal the step, substitute:

2(b)

Work out, under section 2.2, the capped investment amounts for each MVP for the current quarter in the ATS year.

5 Step 2(e) in subsection 3.2(2)

Repeal the step, substitute:

2(e)

Add together the amounts worked out under steps 2(c) and 2(d) to obtain the total of the MVP’s capped and uncapped amounts for the quarter.

6 Step 3(c) in subsection 3.2(2)

Repeal the step, substitute:

3(c)

Work out the ceiling rate for each MVP for the current quarter by:

(a) subtracting the amount obtained under step 3(b) from the sales‑based cap amount for the MVP determined under step 3(a); and

(b) dividing the result by the total of the MVP’s capped and uncapped amounts for the quarter (obtained by adding together the amounts worked out under steps 1(e) and 2(e)).

If the result of the calculation is equal to or greater than 1, the ceiling rate for the MVP is 1.

If the result of the calculation is less than 1, the ceiling rate for the MVP is that result.

7 Step 5 in subsection 3.2(2)

Repeal the step, substitute:

Step 5

Limit the capped amount for each MVP for the remaining quarters in an ATS year

5(a)

Work out the remaining quarters limited capped amounts for each MVP for the ATS year by multiplying the amount obtained under step 1(c) by the ceiling rate for the MVP obtained under step 3(c).

5(b)

Add together the results obtained under step 5(a) for all MVPs.

Step 6

Work out the modulation rate for the MVP for a quarter in an ATS year

6(a)

Determine the ATS year cap from regulations 3.9 and 3.10 for the ATS year concerned.

6(b)

Combine the capped amounts (if any) paid to all MVPs in previous quarters of the ATS year.

6(c)

Work out the modulation rate for the MVP for the quarter by:

(a) subtracting the combined capped amount worked out under step 6(b) from the amount worked out under step 6(a); and

(b) dividing the result by:

(i) if the current quarter is the final quarter of the ATS year—the amount obtained under step 4(b); or

(ii) for any other quarter—the amount obtained by adding the result obtained under step 4(b) to the result obtained under step 5(b) for that ATS year.

If the result of the calculation is equal to or greater than 1, the modulation rate for the MVP is 1.

If the result of the calculation is less than 1, the modulation rate for the MVP is that result.

8 Step 1 in section 3.3

Omit “5(c)”, substitute “6(c)”.

9 Step 3 in section 3.3

Omit “the rate obtained”, substitute “the ceiling rate obtained”.

10 Subsection 3.4(1)

Repeal the subsection, substitute:

(1) For working out the non‑MVP modulation rate for the first 3 quarters in an ATS year, the Secretary is to use steps 1 to 6 in this Division. For working out the non‑MVP modulation rate for the final quarter in an ATS year, the Secretary is to use steps 2, 3, 4 and 6 in this Division.

11 Subsection 3.4(2)

Omit “5(c)”, substitute “6(c)”.

12 Step 1 in subsection 3.4(2) (heading)

Repeal the heading, substitute:

Steps

Step 1

Work out forecast capped amounts for all non‑MVPs for use in working out the modulation rate for the current quarter in an ATS year

13 Step 1(a) in subsection 3.4(2)

Repeal the step, substitute:

1(a)

Work out the forecast capped investment amounts for each non‑MVP for the remaining quarters in the ATS year under section 2.3 using the information included in the non‑MVP’s business plans under subregulations 2.12 (3) and 2.27.

14 Step 3(c) in subsection 3.4(2)

Repeal the step, substitute:

3(c)

Work out the ceiling rate for each non‑MVP for the current quarter by:

(a) subtracting the amount obtained under step 3(b) from the sales‑based cap for the non‑MVP determined under step 3(a); and

(b) dividing the result by the total of the non‑MVP’s capped amounts for the quarter (obtained by adding together the amounts worked out under steps 1(b) and 2).

If the result of the calculation is equal to or greater than 1, the ceiling rate for the non‑MVP is 1.

If the result of the calculation is less than 1, the ceiling rate for the non‑MVP is the result.

15 Step 5 in subsection 3.4(2)

Repeal the step, substitute:

Step 5

Limit the capped amount for each non‑MVP for the remaining quarters in an ATS year

5(a)

Work out the remaining quarters limited capped amounts for each non‑MVP for the ATS year by multiplying the amount obtained under step 1(a) by the ceiling rate for the non‑MVP obtained under step 3(c).

5(b)

Add together the results obtained under step 5(a) for all non‑MVPs.

Step 6

Work out the modulation rate for the non‑MVP for a quarter in an ATS year

6(a)

Determine the proportion of the ATS year cap for non‑MVPs from regulations 3.9 and 3.10 for the ATS year concerned.

6(b)

Combine the capped amounts (if any) paid to all non‑MVPs in previous quarters of the ATS year.

6(c)

Work out the modulation rate for the non‑MVP for the quarter by:

(a) subtracting the combined capped amount worked out under step 6(b) from the amount worked out under step 6(a); and

(b) dividing the result by:

(i) if the current quarter is the final quarter of the ATS year—the amount obtained under step 4(b); or

(ii) for any other quarter—the amount obtained by adding the result obtained under step 4(b) to the result obtained under step 5(b) for that ATS year.

If the result of the calculation is equal to or greater than 1, the modulation rate for the non‑MVP is 1.

If the result of the calculation is less than 1, the modulation rate for the non‑MVP is that result.

16 Step 1 in section 3.5

Omit “5(c)”, substitute “6(c)”.

17 After Part 5

Insert:

Part 6—Savings and transitional provisions

6.1 Amendments made by the Automotive Transformation Scheme Amendment Order 2013 (No. 1)

The amendments of this Order made by Schedule 1 to the Automotive Transformation Scheme Amendment Order 2013 (No. 1) do not apply in relation to a calculation for, or referring to, assistance in the 2011 or 2012 ATS year.