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On 1 July 2002, the Commonwealth
Government introduced the Enhanced Project By-Law Scheme (EPBS).
The EPBS, which is administered by AusIndusrty, provides an avenue
for duty concession in certain circumstances for imported capital
goods and components for eligible projects.
The EPBS concession is
limited to eligible goods that are not produced in Australia in
the ordinary course of business or technologically more advanced,
more efficient or more productive than goods currently available
from Australian production. Project proponents accessing the EPBS
system must therefore demonstrate that the eligible goods to be
imported are not produced in Australia in the ordinary course of
business. This can be demonstrated by three methods one of which
involves obtaining written advice from an ICN:
- Identifying a Tariff
Concession Order (TCO) for the eligible goods which is in force
when the final Implementation Report is lodged; or
- Providing statements
from an Industry Capability Network (ICN) office to the effect
that there is no Australian producer producing, or capable of
producing, the eligible goods or an equivalent good for the applicant's
project; or
- Other methods, which
must involve genuine consultation with potential manufacturers
of eligible goods and relevant industry associations. A report
on the outcome of such consultations must be provided to AusIndustry.
A suitably qualified consultant or professional engineer at arm's
length from the project may undertake this role.
The development of an
Australian Industry Participation (AIP) Plan is an additional requirement
of the EPBS and forms part of the Project Acceptance application.
The objective of the AIP Plan is to demonstrate how the project
proponent intends to provide full, fair and reasonable opportunity
to Australian industry to supply goods and services to the project
and endeavour to maximise Australian industry participation in the
project.
Should you require ICN
assistance for Enhanced Project By-Law research please contact the
ICNWA, via email info@icnwa.org.au
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