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IR Application

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IR Application

    COMMERCIAL-IN-CONFIDENCE

    Total number of pages contained in this application including

    attachments:

    Enhanced Project By-law Scheme (EPBS)

    Implementation Report Application Form

Privacy and confidentiality

    The confidentiality of information provided to AusIndustry, a division of the Department of Innovation, Industry, Science and Research (‘the Department’), is protected by the relevant provisions and penalties of the Public Service Act 1999, the Public Service Regulations, the Privacy Act 1988, the Crimes Act 1914 and

    common law. Employees of the department administering the EPBS, who are delegates of the Chief

    Executive Officer of Customs, are bound by the secrecy and disclosure provisions of section 16 of the Customs Administration Act 1985, which prohibit the unauthorised disclosure of information held by Customs and Border Protection Service or information which comes to the knowledge or into the possession of a delegate of the Chief Executive Officer of Customs when he or she is performing his or her duties under section 273 of the Customs Act 1901.

    AusIndustry will use the information provided for the purposes of determining eligibility for assistance under the EPBS, determining whether the project will be accepted and the amount of duty concession involved.

Disclosure of some otherwise confidential information may occur as specified in the EPBS policy and

    administrative guidelines or this implementation report. Detailed information may be disclosed for audit

    purposes to contractors engaged by AusIndustry and to Commonwealth agencies for law enforcement purposes. Further, AusIndustry may release confidential information if it is required or permitted by law to do so. This could happen, for example, if AusIndustry is required to respond to a resolution of the parliament, or the order of a court. AusIndustry staff may also disclose information where they obtain consent to do so.

Following approval of an implementation report, the broad details of the project (for example, the successful

    applicant’s name) may be disclosed by the Department for purposes such as promoting the program, reporting on its operation and policy development. This information may also be used in answering questions from the Parliament and its committees.

AusIndustry may need to consult with and provide material from this implementation report to other areas of

    the Department of Innovation, Industry, Science and Research, the Minister for Innovation, Industry Science and Research, the Australian Customs and Border Protection Service and/or the Industry Capability Network. In addition, AusIndustry may consult with other Government departments, Australian industry, industry associations, independent experts and the like to clarify and validate technical details in this implementation

    report. Please identify in this implementation report any person or organisation to whom or to which

    disclosure should not be made in part E3 of this implementation report. Where an implementation report

    does not indicate information is confidential, AusIndustry will presume the information provided may be disclosed to the extent necessary to enable it to assess this implementation report.

    NEED MORE INFORMATION?

    Contact the

    AusIndustry Hotline

    on 13 28 46 or

    hotline@ausindustry.gov.au

    Enhanced Project By-law Scheme (EPBS) Implementation Report Application Form November 2010 Page 1 of 29

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    Before beginning

    Applicants should familiarise themselves with the EPBS policy and administrative guidelines,

    Australian Industry Participation plan guide for the Enhanced Project By-law Scheme, and the

    Functional Unit Guide for the Enhanced Project By-law Scheme before completing this

    implementation report application form.

Sequence of application

    The EPBS application process has two consecutive stages:

    Stage 1 the project acceptance application stage, including an Australian Industry Participation (AIP) plan

    Stage 2 the implementation report stage which outlines implementation of the AIP plan and details of

    eligible goods.

    The implementation report stage involves:

    ; the AusIndustry delegate assessing the implementation of the approved AIP plan; and ; the evidence provided to demonstrate non-availability from Australian production of eligible goods. An AusIndustry determination under s273 of the Customs Act 1901 will be issued once the delegate is

    satisfied the AIP plan has been implemented as approved, and evidence of eligibility and non-availability is

    provided of the eligible goods for which a concession is sought.

    A complete implementation report must be lodged with AusIndustry before any eligible goods for which a concession is sought are imported. If approved, this lodgement will establish the earliest date from which a

    concession could be made. Applications lodged after the eligible goods have been imported will be deemed

    retrospective and a concession for those goods will not be made.

When to submit an implementation report

    Implementation reports should be lodged:

    ; once sufficient evidence of implementation of the AIP plan is available; ; evidence of non-availability has been gathered; and

    ; before eligible goods for which a duty concession is sought are imported. When completing an implementation report, you are advised to be factual and concise in all responses. All questions must be answered for an implementation report to be considered complete.

    Implementation reports may only be lodged after a project acceptance application has been

    approved by the delegate.

Contact a customer service manager

    It is recommended that applicants hold discussions with an AusIndustry customer service manager about

    their implementation report/s before lodgement to the AusIndustry delegate. This will enable an AusIndustry customer service manager to assist you in preparing a complete implementation report by providing

    guidance and feedback prior to submission to the AusIndustry delegate for a decision. Customer service

    managers for the EPBS may be contacted through the AusIndustry hotline on 13 28 46 or by telephone or

    fax to the relevant AusIndustry state or territory office outlined in Appendix 3.

    Implementation reports will be directed to a customer service manager in the relevant state depending on the location of the project, the project manager or the project procurement manager. Customer service

    managers in each state and territory office will provide direct contact with applicants in their state except for

    customer service managers in Canberra who will also provide contact for projects located in south-west NSW.

    Please note AusIndustry may direct an implementation report to another state’s customer service

    manager irrespective of the AusIndustry state office where this implementation report is lodged.

Enhanced Project By-law Scheme (EPBS) Implementation Report Application Form November 2010 Page 2 of 29

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    After submitting an implementation report

    Acknowledgement of implementation reports will be made by AusIndustry within 5 working days of receipt. Upon receipt of an implementation report, a customer service manager will advise you on whether your

    implementation report is complete prior to submission to the AusIndustry delegate. Implementation reports

    will subsequently be forwarded to the delegate for a decision.

    When an implementation report is incomplete in respect of a minor detail or contains ambiguity, a

    customer service manager will ask you to provide further information to complete or clarify your implementation report within 10 working days. When an implementation report is incomplete in respect of

    an essential element, a customer service manager will alert you to the missing information. An AusIndustry delegate will reject an implementation report where an essential element has not been provided. The responsibility for deciding to submit an implementation report to the delegate rests with the applicant. Customer service manager’s advice will assist in determining when your implementation report is complete

    and ready for assessment.

    An implementation report will be rejected where an essential element of the implementation report

    has not been provided. Implementation reports risk being rejected by the delegate if submitted incomplete. This will affect the earliest date from which a concession may take effect. Implementation reports will be dealt with in accordance with the AusIndustry Customer Service Charter.

    When a decision has been made about your implementation report, a customer service manager will contact you.

    Note: An implementation report must be lodged, approved and an appropriate determination issued, by AusIndustry, before duty concessions can be issued.

Number of implementation reports

    Applicants only need to submit one implementation report.

    Where progressive implementation reports are being lodged, details of all eligible goods for the project

    should be provided in the first implementation report. The earliest date a concession may be granted will only be preserved for eligible goods that have sufficient evidence provided against eligibility and non-availability.

    Note: A complete implementation report must be approved by the AusIndustry delegate before an AusIndustry determination is issued for a duty concession.

Parts of the implementation report

    1. Part A: applicant information

    2. Part B: project description

    3. Part C: list of all eligible goods for the project

    4. Part D: Australian Industry Participation plan report

    5. Part E: declaration

    6. Appendix 1: 3 digit Australian New Zealand Standard industry classification group codes 7. Appendix 2: 4 digit Australian New Zealand Standard industry classification group codes 8. Appendix 3: AusIndustry locations, state offices

Online submission and file attachments

    Please limit the size of each file to 10MB.

    All implementation reports must be lodged electronically from a corporate email address and be accompanied with a corporate signature block to:

EPBSapplications@innovation.gov.au

Enhanced Project By-law Scheme (EPBS) Implementation Report Application Form November 2010 Page 3 of 29

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    Part E of this implementation report must be signed and a scanned copy submitted with the

    electronic lodgement of this application form. If a scanned version of Part E of this application form is not lodged electronically it must be supplied in hard copy within 5 working days of its electronic lodgement to:

    The EPBS product manager

    Level 7, Industry house, 10 Binara Street, Canberra, ACT 2601

    This will allow us to maximise our responsiveness and allow for the efficient processing of your implementation report/s. The AusIndustry hotline should be contacted on 13 28 46 if any difficulties are experienced.

File attachments are only required if requested as part of this implementation report, or if they support the

    report against eligibility criteria. This implementation report contains a list of required attachments that may

    substantiate or strengthen a report against specific questions. File attachments should relate to specific questions within the report.

    If you have difficulty in sending the attachments using the online option, attachments can be sent using the post lodgement method listed below. In these instances, you should contact the customer service manager

    in their local area or state office to discuss. (Details are listed in Appendix 3). By post

    Following an electronic lodgement, implementation reports may also be sent by post to the relevant

    AusIndustry state/territory office listed at Appendix 3.

    When sending implementation reports by post, please ensure that they are identifiable by attaching the online receipt for your implementation report.

    When sending attachments please either:

    1. copy to compact discs-CD/DVD; or

    2. print out two hard copies.

Enhanced Project By-law Scheme (EPBS) Implementation Report Application Form November 2010 Page 4 of 29

    COMMERCIAL-IN-CONFIDENCE Part A: Applicant information

    Please refer to and only update information which has changed from your project acceptance

    application.

A1 Type of Entity

    Company

    Incorporated trustee applying on behalf of a trust

     Other

    If other, please specify: A2 Applicant’s name and registration

    Legal/registered company name:

    Trading name:

    Australian Company Number (ACN):

    Date of incorporation:

    Country of incorporation:

    Australian Business Number (ABN):

    ABN Branch Number (if applicable):

    Is the applicant registered for GST? (Yes/No) If the applicant is an incorporated trustee applying on behalf of a trust, please provide the following

    details:

    Name of trust:

     Australian Business Number (ABN)

    of the trust:

     Australian Company Number (ACN)

    of the trustee:

    Type of trust:

    Overseas Entities (where applicable)

     If the applicant is an overseas entity,

    please provide an Australian

    Registered Body Number (ARBN):

     If an ACN, ABN or ARBN has not

    been supplied please provide a

    reason.

    A3 Core business

     What is the applicant's core

    business?

    Three digit ANZSIC code

    (Please select ANZSIC code from Appendix 1)

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    COMMERCIAL-IN-CONFIDENCE A4 Applicant’s addresses

    Registered business street address (head office)

    Address line 1:

    Address line 2:

    Suburb/town:

    State/Territory: Postcode: Business postal address (head office)

    Address line 1:

    Address line 2:

    Suburb/town:

    State/Territory: Postcode: Project street address (where project activities will be undertaken)

    Address line 1:

    Address line 2:

    Suburb/town:

    State/Territory: Postcode:

    Website address

    A5 Applicant's primary contact (for this application)

    Title:

    Given name:

    Family name:

    Job title:

    Contact details

    Office telephone number:

    Mobile telephone number:

    Office fax number:

    Email address:

    Street address

    Address line 1:

    Address line 2:

    Suburb/town:

    State/Territory: Postcode: Postal address

    Postal address line 1:

    Postal address line 2:

    Suburb/town:

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    State/Territory: Postcode: Contact’s relationship to the applicant

    (Yes/No) Is the Applicant the primary

    contact’s employer?

    If ‘No’, please provide the name of the primary contact’s employer, ABN and attach a letter, from the

    applicant company, to this implementation report indicating authorisation to act on their behalf.

    Name of employer:

    Employer’s ABN:

A6 Details of the contact in the applicant’s company (for project and procurement information) if

    different from A5.

    Title:

    Given name:

    Family name:

    Job title:

    Name of entity:

    ABN of entity:

    Postal address if different from applicant’s address

    Address line 1:

    Address line 2:

    Address line 3:

    Suburb/town:

    State/Territory: Postcode:

    Office telephone number:

    Mobile telephone number:

    Fax number:

    Email address:

Enhanced Project By-law Scheme (EPBS) Implementation Report Application Form November 2010 Page 7 of 29

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    Part B: Project description

    Question B1 to B11 cover information you provided in your project acceptance application. Please refer to and only update information which has changed from your project acceptance application. If no information has changed proceed to question B12. B1 Project name.

B2 Has the proposed project been formally approved to proceed by the company’s board of

    directors?

     (Yes/No)

B3 Please describe the purpose of the project.

    B4 Is this an upgrade project of existing facilities?

     (Yes/No)

    If ‘Yes’, how will it lead to additional capacity, capability or efficiency to existing facilities?

    B5 Is the entity undertaking the project as a joint venture?

     (Yes/No)

    If ‘Yes’, please list joint venture partners and their ABNs in the table below.

    Joint Venture Partner’s Name ABN

B6 Please indicate your project’s industry category.

    Four digit project ANZSIC code (refer to Appendix 2)

    Agriculture

    Mining

    Resource Processing

    Food Processing

    Food Packaging

    Manufacturing

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    Gas Supply

    Power Supply

    Water Supply

B7 Please indicate your project’s primary activity for an EPBS concession.

B8 Expected project timetable.

    Stage Description of each stage of the Anticipated start Anticipated end date

    project date (dd/mm/yyyy)

    (dd/mm/yyyy)

    Stage 1

    Stage 2

    Stage 3

    Stage 4

    B9 What is the estimated total value of the entire project in $A?

B10 What is the estimated total expenditure ($A) on eligible goods for the project? (for imported

    and locally sourced eligible goods)

    Imported

    Australian

    Total

    B11 What is the anticipated commissioning date of the project?

     (dd/mm/yyyy)

B12 Please provide details of the project management structure, procurement and sub-contracting

    arrangements for your prime contractors. These contractors should also be part of your AIP

    plan submitted for the project.

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    Part C1: Reconfirm your indicative list of all eligible goods that will be purchased for the project

    C1 Please review the eligible goods listed in your indicative eligible goods list provided in your project acceptance application. Please highlight and

    detail additional eligible goods proposed for purchase that were not previously listed in your indicative eligible goods list.

    A B C D E F Please separate the List all eligible goods to be What function do the What quantity of What is the Has the delegate eligible goods against purchased over the life of eligible goods perform? each eligible good estimated expected provided prior the categories below your project. is to be purchased? purchase price ($A) approval of the (refer to section 2.4 of of the eligible eligible goods? the EPBS policy and goods? Yes/No administrative

    guidelines).

    Functional units. Components of Australian produced or

    duty-free functional

    units.

    Equipment/ procurement packages.

    Pipes, pipelines, conveyors, power

    transmission lines and

    flowlines.

    Articles auxiliary to and designed to be

    permanently attached to

    the goods identified

    above.

    Enhanced Project By-law Scheme (EPBS) Implementation Report Application Form November 2010 Page 10 of 29

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