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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Export Market
Development Grants Legislation Amendment Bill
1999
No. ,
1999
(Trade)
A Bill
for an Act to amend legislation relating to export market development grants,
and for related purposes
ISBN: 0642 390568
Contents
Australian Trade Commission Act
1985 10
Export Market Development Grants (Repeal and Consequential Provisions)
Act 1997 10
A Bill for an Act to amend legislation relating to export
market development grants, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Export Market Development Grants
Legislation Amendment Act 1999.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Omit “subject to section 8,”.
Repeal the paragraph, substitute:
(h) if Division 5 applies to the person:
(i) the person has been registered under section 19; and
(ii) Austrade has decided under section 20 that the person met the grants
entry requirements.
Omit “test”, substitute
“requirements”.
Insert:
(aa) the person was, in Austrade’s opinion, genuinely carrying on
business in Australia during the grant year as trustee of the trust
estate;
Repeal the paragraph, substitute:
(b) the person is not a grantee in respect of 8 or more previous grant
years;
Repeal the paragraph, substitute:
(h) if Division 5 applies to the person (as trustee of the trust
estate):
(i) the person (in that capacity) has been registered under section 19;
and
(ii) Austrade has decided under section 20 that the person (in that
capacity) met the grants entry requirements.
Omit “test”, substitute
“requirements”.
Omit “paragraph 7(1)(c), (2)(a) or (4)(b)”, substitute
“this Act”.
Note: The heading to section 8 is altered by omitting
“previous”.
Omit “Paragraph 7(1)(c) does not apply”, substitute
“Neither paragraph 7(1)(c) nor paragraph 7(4)(b) applies”.
10 Division 5 of
Part 3 (heading)
Repeal the heading, substitute:
Repeal the sections, substitute:
(1) Once the person has been registered, Austrade must decide whether the
person met the grants entry requirements at a time Austrade considers
appropriate.
Note: The grants entry requirements are the requirements
determined under section 21.
(2) If Austrade decides that the person did not meet one or more of the
grants entry requirements, Austrade must tell the person in writing which of the
requirements the person did not meet.
(3) Despite subsection (1), Austrade is taken to have decided that the
person met the grants entry requirements at the appropriate time if the person
passed the grants entry test under:
(a) the repealed Act; or
(b) this Act without the amendments made by the Export Market
Development Grants Legislation Amendment Act 1999.
(1) Austrade may determine the grants entry requirements in
writing.
(2) In determining the grants entry requirements, Austrade may determine
only requirements that are relevant to the prospects of success of export
enterprises in relation to which grants are being sought.
(3) The determination may require the person:
(a) to give Austrade particular information contained in existing
documents; or
(b) to prepare documents containing particular information and give them
to Austrade.
(4) A determination under subsection (1) is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
(1) Before deciding whether a person met the grants entry requirements,
Austrade may give the person a written request to give Austrade information
about a specified matter that Austrade needs to make the decision.
(2) Austrade may request the person to provide the information in a
specified way, and within a specified period of at least 28 days.
(3) Austrade need not decide whether the person met the grants entry
requirements if the person does not give Austrade the information
requested.
(4) This section does not limit subsection 72(1).
12 Application and
saving provisions
(1) The amendment made by item 11 does not apply in relation to persons
registered under section 19 of the Export Market Development Grants Act
1997 before the commencement of this Act.
(2) A determination in force under section 21 of the Export Market
Development Grants Act 1997 immediately before the commencement of this Act
also has effect as if it had been made under section 21 of that Act as amended
by this Act.
Note: Section 21 of the Export Market Development Grants
Act 1997 lets Austrade determine grants entry requirements. Before the
commencement of this Act, that section let Austrade determine the requirements a
person had to satisfy to pass the grants entry test.
(3) Subitem (2) does not prevent the revocation or amendment of a
determination.
Add:
(3) However, only 65% of any expenses incurred by the applicant on first
class air fares is to be taken into account in working out the applicant’s
claimable expenses.
Repeal the subsection, substitute:
(2) Subject to subsection (6), an air fare for any air travel reasonably
undertaken by the applicant or its agent is an allowable expense.
Note: Only 65% of a first class air fare is to be taken into
account as a claimable expense. See subsection 33(3).
Repeal the subsection, substitute:
(4) Division 4 lets the Minister and Austrade determine some of the things
affecting the amount of a grant.
Repeal the section, substitute:
If Austrade adjusts the applicant’s export earnings or eligible
expenses (or both) under section 96, the applicant’s provisional
grant amount for the grant year is the amount worked out under this
Division using the adjusted export earnings or eligible expenses.
Repeal the subsection, substitute:
(3) The Minister must cause the determination to be tabled in each House
of the Parliament within 15 sitting days of that House after the determination
is made.
Omit “subsection 70(2)”, substitute “paragraph
70(2)(a)”.
Add:
(2) Austrade must not consider an application made more than 5 months
after the end of the grant year to which it relates.
Repeal the paragraph, substitute:
(d) treat the new owner as if Austrade had decided that the new owner had
met the grants entry requirements if Austrade had decided that the previous
owner met the grants entry requirements; and
Omit “test”, substitute
“requirements”.
Repeal the paragraph, substitute:
(d) work out the amount that is the applicant’s provisional grant
amount for the grant year because of section 64.
Repeal the paragraph, substitute:
(a) a decision under section 20 that a person did not meet the grants
entry requirements;
A decision that was a reviewable decision for the purposes of the Export
Market Development Grants Act 1997 immediately before the commencement of
this Act remains a reviewable decision for the purposes of that Act, despite the
amendment of section 97 of that Act by this Act.
Omit “(4)(a)”, substitute “(4)(aa)”.
(1) Any guidelines that were determined under paragraph 101(1)(a) of the
Export Market Development Grants Act 1997 and were in force immediately
before the amendment of that paragraph by this Act continue to have effect after
that amendment as if they had been determined under that paragraph immediately
after the amendment.
(2) To avoid doubt, the provisions of the Acts Interpretation Act
1901 that apply in relation to guidelines because of subsection 101(4) do
not apply again to guidelines continued in force by subitem (1) because of that
subitem.
27
Section 107 (at the end of the definition of
grantee)
Add “(other than a grant that must be disregarded because of
subsection 8(1))”.
Note 1: The heading to section 86 is altered by omitting
“grantee etc.” and substituting
“person”.
Note 2: The heading to section 87 is altered by omitting
“Grantee etc.” and substituting
“Person”.
28 Section 107
(definition of grants entry
test)
Repeal the definition.
Insert:
grants entry requirements means the grants entry requirements
determined under subsection 21(1).
30 Section 107
(paragraph (a) of the definition of
grant year)
Omit “or 1 July 1998”, substitute “, 1 July 1998, 1 July
1999 or 1 July 2000”.
Omit “or any other new market for the person”.
32 Application of
amendments made by this Schedule
(1) The amendments made by this Schedule apply for the purposes of
determining eligibility for, and the amounts of, grants in respect of a grant
year commencing on or after 1 July 1998.
(2) However, subitem (1) does not apply in relation to amendments of the
following provisions of the Export Market Development Grants Act
1997:
(a) section 73;
(b) section 107 (definition of grant year).
Australian
Trade Commission Act 1985
Repeal the paragraph, substitute:
(b) the following information relating to payments of grants authorised by
the Commission under the Export Market Development Grants Act 1997 or the
Export Market Development Grants Act 1974:
(i) the name and address of a person to whom the Commission has authorised
a payment;
(ii) the amount of a grant to a person;
(iii) the industry to which a grant relates; and
Export
Market Development Grants (Repeal and Consequential Provisions) Act
1997
Repeal the paragraph, substitute:
(b) continues to have effect until:
(i) the third anniversary of the approval; or
(ii) if the third anniversary of the approval occurs or has occurred
before the day 3 months after the commencement of this subparagraph—that
day;
(unless cancelled sooner).