11 Investment incentive scheme information

(1) Information is exempt information for the relevant period if its disclosure could reasonably be expected to disclose information about—

(a) a particular incentive given to, or arranged for, a relevant person under a contract in relation to an investment incentive scheme; or

(b) an incentive sought by, or proposed for, a relevant person whether or not an incentive was, in fact, given to, or arranged for, the relevant person under an investment incentive scheme.

(2) In this section—

department means the department administered by the Minister having responsibility for business, industry development, and investment opportunities and attraction, as identified in the Administrative Arrangements and within which that responsibility is administered.

incentive includes any of the following—

(a) an amount that is a refund of all or part of an amount paid as a tax, fee or charge;

(b) another amount, whether as a lump sum or by instalments;

(c) a benefit that is not an amount mentioned in paragraph (a) or (b).

investment incentive scheme means a written scheme that—

(a) promotes projects by giving incentives; and

(b) includes processes for assessing an application under the scheme; and

(c) is administered by the department.

project means a project or proposed project that involves investing or spending money, or the continued investing or spending of money, and is intended to create job opportunities or to continue existing jobs.

relevant period

(a) for an incentive given or arranged under a contract, means the period ending at the earlier of—

(i) 1 year after the contract ends; or

(ii) 8 years after the contract begins; or

(b) for an incentive that was sought or proposed but that was not given or arranged, means the period ending 8 years after the last written communication between the department and the relevant person in relation to the incentive.

relevant person means a person to the extent the person is or was any 1 or more of the following—

(a) a person who inquires of, or enters into discussions with, the department or a public service employee about an incentive for a project, whether or not the person makes an application under an investment incentive scheme for an incentive;

(b) a person who makes an application under an investment incentive scheme, whether or not the person is given an incentive;

(c) a person who is given an incentive for a project, whether or not the person continues to be subject to a provision of an agreement about the incentive that allows the department to monitor the person or project.