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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
Textile,
Clothing and Footwear Strategic Investment Program Bill
1999
No. ,
1999
(Industry, Science and
Resources)
A Bill for an Act about the
Textile, Clothing and Footwear Strategic Investment Program, and for other
purposes
ISBN: 0642 389314
Contents
A Bill for an Act about the Textile, Clothing and
Footwear Strategic Investment Program, and for other
purposes
The Parliament of Australia enacts:
This Act may be cited as the Textile, Clothing and Footwear Strategic
Investment Program Act 1999.
This Act commences on the day on which it receives the Royal
Assent.
The following is a simplified outline of this Act:
• This Act provides a framework for the implementation of the
Textile, Clothing and Footwear Strategic Investment Program.
• The Minister is required to formulate a scheme (the
TCF (SIP) scheme) for the making of
grants in connection with the design and manufacture, in Australia, of eligible
TCF products.
• The total of the grants paid under the TCF (SIP) scheme must not
exceed $700 million, reduced by any Regional Assistance Program supplementation
payments.
• The TCF (SIP) scheme will provide for 5 types of grants, to be
known as follows:
(a) grants
in respect of new TCF plant/building expenditure;
(b) grants in respect of TCF research and development
expenditure;
(c) grants in respect of TCF value-adding;
(d) special grants in respect of second-hand TCF plant
expenditure;
(e) special miscellaneous grants in respect of TCF-dependent
communities.
• The TCF (SIP) scheme will run for 5 financial years, beginning with
the 2000-2001 year. However, grants in respect of new TCF plant/building
expenditure may be made for the 1998-1999 and 1999-2000 years.
• Grants under the TCF (SIP) scheme are to be made in
arrears.
• Entities who wish to obtain grants under the TCF (SIP) scheme must
register under the scheme and may be required to submit strategic business plans
and audited accounts.
In this Act:
Australia, when used in a geographical sense, includes all
the external Territories.
bounty means bounty to which paragraph 51(iii) of the
Constitution applies.
claim means a claim for a grant.
entity has the same meaning as in the Income Tax
Assessment Act 1997.
grant means a grant under the TCF (SIP) scheme.
income year has the same meaning as in the Income Tax
Assessment Act 1997.
manufacture includes make a physical or chemical
transformation or conversion.
scheme debt means:
(a) so much of an amount paid, or purportedly paid, to an entity by way of
a grant as represents an overpayment; or
(b) an amount that is repayable as mentioned in section 39 (which deals
with conditional grants).
Secretary means the Secretary to the Department.
strategic business plan means a strategic business plan that
incorporates a strategic investment plan.
TCF (SIP) scheme means the scheme in force under section
8.
For the purposes of this Act, a change in the composition of a
partnership does not affect the continuity of the partnership.
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an
offence.
This Act extends to all the external Territories.
As soon as practicable after the commencement of this section, the
Minister must, by writing, formulate a scheme (the TCF (SIP)
scheme) for the making of grants in connection with, or incidental to,
either or both of the following:
(a) the manufacture in Australia of products that, under the scheme, are
taken to be eligible TCF products;
(b) the design in Australia, for manufacture in Australia or elsewhere, of
products:
(i) that, under the scheme, are taken to be eligible TCF products;
and
(ii) some or all of which are intended to be sold in Australia.
The TCF (SIP) scheme must make provision for ensuring that the total of
the grants paid under the scheme does not exceed the amount worked out using the
formula:
where:
Regional Assistance Program supplementation payments means
the total of the amounts determined under section 33.
The TCF (SIP) scheme must be directed towards ensuring the achievement of
the policy objectives set out in the following sections:
(a) section 11 (which deals with types of grants);
(b) section 12 (which deals with the duration of the scheme);
(c) section 13 (which deals with making grants in arrears);
(d) section 14 (which deals with the cap for grants in respect of TCF
value-adding);
(e) section 15 (which deals with the sales-based cap for
grants).
(1) This section sets out a policy objective for the TCF (SIP)
scheme.
(2) The objective is that there are to be 5 types of grants, as
follows:
(a) the first type of grants are to be known as grants in respect of
new TCF plant/building expenditure;
(b) the second type of grants are to be known as grants in respect
of TCF research and development expenditure;
(c) the third type of grants are to be known as grants in respect of
TCF value-adding;
(d) the fourth type of grants are to be known as special grants in
respect of second-hand TCF plant expenditure;
(e) the fifth type of grants are to be known as special
miscellaneous grants in respect of TCF-dependent communities.
(3) To avoid doubt, paragraphs (2)(a), (b), (c), (d) and (e) do not limit
the range of matters in respect of which grants may be made.
(1) This section sets out policy objectives for the TCF (SIP)
scheme.
(2) The objectives are as follows:
(a) the objective that grants in respect of new TCF plant/building
expenditure may only be made to an entity in respect of amounts that, under the
scheme, are taken to be eligible expenditure incurred by the entity
during:
(i) the entity’s 1998-1999 income year; or
(ii) the entity’s 1999-2000 income year; or
(iii) the entity’s 2000-2001 income year; or
(iv) the entity’s 2001-2002 income year; or
(v) the entity’s 2002-2003 income year; or
(vi) the entity’s 2003-2004 income year; or
(vii) the entity’s 2004-2005 income year;
(b) the objective that:
(i) grants in respect of TCF research and development expenditure;
and
(ii) special grants in respect of second-hand TCF plant expenditure;
and
(iii) special miscellaneous grants in respect of TCF-dependent
communities;
may only be made to an entity in respect of amounts that, under the
scheme, are taken to be eligible expenditure incurred by the entity
during:
(iv) the entity’s 2000-2001 income year; or
(v) the entity’s 2001-2002 income year; or
(vi) the entity’s 2002-2003 income year; or
(vii) the entity’s 2003-2004 income year; or
(viii) the entity’s 2004-2005 income year;
(c) the objective that grants in respect of TCF value-adding may only be
made to an entity in respect of activities carried on by the entity
during:
(i) the entity’s 2000-2001 income year; or
(ii) the entity’s 2001-2002 income year; or
(iii) the entity’s 2002-2003 income year; or
(iv) the entity’s 2003-2004 income year; or
(v) the entity’s 2004-2005 income year.
(1) This section sets out policy objectives for the TCF (SIP)
scheme.
(2) The objectives are as follows:
(a) the objective that grants in respect of new TCF plant/building
expenditure must not be made to an entity in respect of amounts that, under the
scheme, are taken to be eligible expenditure incurred by the entity
during:
(i) the entity’s 1998-1999 income year; or
(ii) the entity’s 1999-2000 income year;
unless the entity makes a claim for the grant after the end of the
entity’s 2000-2001 income year;
(b) the objective that:
(i) grants in respect of new TCF plant/building expenditure; and
(ii) grants in respect of TCF research and development expenditure;
and
(iii) special grants in respect of second-hand TCF plant expenditure;
and
(iv) special miscellaneous grants in respect of TCF-dependent
communities;
must not be made to an entity in respect of amounts that, under the
scheme, are taken to be eligible expenditure incurred by the entity
during:
(v) the entity’s 2000-2001 income year; or
(vi) the entity’s 2001-2002 income year; or
(vii) the entity’s 2002-2003 income year; or
(viii) the entity’s 2003-2004 income year; or
(ix) the entity’s 2004-2005 income year;
unless the entity makes a claim for the grant after the end of the income
year concerned;
(c) the objective that grants in respect of TCF value-adding must not be
made to an entity in respect of activities carried on by the entity
during:
(i) the entity’s 2000-2001 income year; or
(ii) the entity’s 2001-2002 income year; or
(iii) the entity’s 2002-2003 income year; or
(iv) the entity’s 2003-2004 income year; or
(v) the entity’s 2004-2005 income year;
unless the entity makes a claim for the grant after the end of the income
year concerned.
(1) This section sets out a policy objective for the TCF (SIP)
scheme.
(2) The objective is that the total grants in respect of TCF value-adding
that are made to an entity in respect of activities carried on by the entity
during a particular income year of the entity must not exceed whichever is the
lesser of:
(a) 5% of the amount that, under the scheme, is taken to be the total
eligible TCF value added by the entity during that income year; and
(b) the sum of:
(i) the total grants in respect of new TCF plant/building expenditure made
to the entity in respect of amounts that, under the scheme, are taken to be
eligible expenditure incurred by the entity during that income year;
and
(ii) the total grants in respect of TCF research and development
expenditure made to the entity in respect of amounts that, under the scheme, are
taken to be eligible expenditure incurred by the entity during that income year;
and
(iii) the total special grants in respect of second-hand TCF plant
expenditure made to the entity in respect of amounts that, under the scheme, are
taken to be eligible expenditure incurred by the entity during that income year;
and
(iv) the
total special miscellaneous grants in respect of TCF-dependent communities made
to the entity in respect of amounts that, under the scheme, are taken to be
eligible expenditure incurred by the entity during that income year.
(1) This section sets out a policy objective for the TCF (SIP)
scheme.
(2) The objective is that, for a particular income year of an entity, the
sum of:
(a) the total grants in respect of new TCF plant/building expenditure made
to the entity in respect of amounts that, under the scheme, are taken to be
eligible expenditure incurred by the entity during that income year;
and
(b) the total grants in respect of TCF research and development
expenditure made to the entity in respect of amounts that, under the scheme, are
taken to be eligible expenditure incurred by the entity during that income year;
and
(c) the total grants in respect of TCF value-adding made to the entity in
respect of activities carried on by the entity during that income year;
and
(d) the total special grants in respect of second-hand TCF plant
expenditure made to the entity in respect of amounts that, under the scheme, are
taken to be eligible expenditure incurred by the entity during that income year;
and
(e) the total special miscellaneous grants in respect of TCF-dependent
communities made to the entity in respect of amounts that, under the scheme, are
taken to be eligible expenditure incurred by the entity during that income
year;
must not exceed whichever of the following amounts is applicable:
(f) if the entity is taken, under the scheme, to have, at any time during
the preceding income year of the entity, engaged in eligible activities in
relation to products that, under the scheme, are taken to be eligible TCF
products—5% of the amount that, under the scheme, is taken to be the total
eligible revenue derived by the entity during the preceding income year of the
entity from sales of products that, under the scheme, are taken to be eligible
TCF products;
(g) in any other case—5% of the amount that, under the scheme, is
taken to be the total eligible revenue derived by the entity during the
first-mentioned income year from sales of products that, under the scheme, are
taken to be eligible TCF products.
(1) The TCF (SIP) scheme must impose requirements relating to the
registration of entities.
(2) The requirements relating to registration imposed by the TCF (SIP)
scheme may include (but are not limited to) any or all of the following
requirements:
(a) a requirement that an entity must apply for registration;
(b) a requirement that an entity’s application for registration be
accompanied by a statement issued by a specified person as to the entity’s
future financial viability;
(c) a requirement that an entity’s application for registration be
accompanied by such information about the entity as is specified in the
scheme;
(d) a requirement that an entity’s application for registration be
accompanied by such a fee as is ascertained in accordance with the
scheme.
(3) The TCF (SIP) scheme many provide for any or all of the following
consequences for entities that do not comply with a particular requirement
relating to registration:
(a) the consequence that the entity is not eligible for a grant;
(b) the consequence that the entity’s eligibility for a grant is
subject to restriction or reduction;
(c) the consequence that the time of payment of a grant to the entity is
deferred.
(4) The information referred to in paragraph (2)(c) may include (but is
not limited to) statistical information.
The TCF (SIP) scheme must provide that an entity is not eligible for a
grant unless the entity has complied with such requirements (if any) as are
imposed by the scheme in relation to the content and submission of:
(a) strategic business plans; and
(b) variations of strategic business plans.
The TCF (SIP) scheme must provide that an entity is not eligible for a
grant unless the entity has complied with such requirements (if any) as are
imposed by the scheme in relation to the submission of audited accounts and
audited financial statements.
(1) The TCF (SIP) scheme may make provision with respect to a matter by
conferring on the Secretary a power to make a decision of an administrative
character.
(2) The TCF (SIP) scheme must provide that, if the Secretary is satisfied
that a claimant is eligible for a grant of a particular amount, the Secretary
must determine that the claimant is entitled to be paid a grant of that
amount.
(1) The TCF (SIP) scheme must contain provisions under which:
(a) an entity who is affected by a decision of the Secretary under the
scheme may, if dissatisfied with the decision, by notice given to the Secretary
within such period as is ascertained in accordance with the scheme, request the
Secretary to reconsider the decision; and
(b) the Secretary is required to reconsider the decision and is empowered
to confirm or revoke the decision or to vary the decision in such manner as the
Secretary thinks fit; and
(c) applications may be made to the Administrative Appeals Tribunal for
review of decisions of the Secretary that have been confirmed or varied as
mentioned in paragraph (b).
(2) The period mentioned in paragraph (1)(a) must not be shorter than 30
days after the day on which the decision first comes to the attention of the
entity concerned.
(3) The TCF (SIP) scheme must provide that the reasons for making a
request mentioned in paragraph (1)(a) must be set out in the request.
(4) If a request is made as mentioned in paragraph (1)(a) in respect of a
decision, section 41 of the Administrative Appeals Tribunal Act 1975
applies as if the making of the request were the making of an application to
the Administrative Appeals Tribunal for a review of that decision.
(5) The TCF (SIP) scheme must provide that, if the Secretary does not
confirm, revoke or vary a decision before the end of the period of 30 days after
the day on which the Secretary received the request to reconsider the decision,
the Secretary is taken, at the end of that period, to have confirmed the
decision.
(6) The TCF (SIP) scheme must provide that, if the Secretary confirms,
revokes or varies the decision before the end of the period referred to in
subsection (5), the Secretary must, by notice given to the applicant, inform the
applicant of the result of the reconsideration of the decision and the reasons
for confirming, revoking or varying the decision, as the case may be.
(7) If, because of the operation of a provision covered by subsection (5),
a decision is taken to be confirmed, section 29 of the Administrative Appeals
Tribunal Act 1975 applies as if the prescribed time for making application
for review of the decision were the period:
(a) commencing on the day on which the decision is taken to have been
confirmed; and
(b) ending on the 28th day after that day.
(1) The TCF (SIP) scheme must provide that, if:
(a) written notice is given to an entity affected by a decision of the
Secretary under the scheme; and
(b) that notice is to the effect that the decision has been
made;
that notice must include a statement to the effect that:
(c) the entity may, if dissatisfied with the decision, seek a
reconsideration of the decision by the Secretary; and
(d) the entity may, subject to the Administrative Appeals Tribunal Act
1975, if dissatisfied with a decision made by the Secretary upon that
reconsideration confirming or varying the first-mentioned decision, make
application to the Administrative Appeals Tribunal for review of the decision so
confirmed or varied.
(2) The TCF (SIP) scheme must provide that, if:
(a) the Secretary confirms or varies a decision as mentioned in paragraph
20(1)(b); and
(b) gives to the entity written notice of the confirmation or variation of
the decision;
that notice must include a statement to the effect that the entity may,
subject to the Administrative Appeals Tribunal Act 1975, if dissatisfied
with the decision so confirmed or varied, make application to the Administrative
Appeals Tribunal for review of the decision.
(3) A failure to include a statement in a notice as mentioned in
subsection (1) or (2) does not affect the validity of a decision.
The TCF (SIP) scheme may provide that an entity ascertained in accordance
with the scheme is not eligible for a grant unless another entity ascertained in
accordance with the scheme gives a guarantee to the Commonwealth that any scheme
debts owed by the first-mentioned entity will be paid.
The TCF (SIP) scheme may provide that, if an entity incurs expenditure
under a transaction that is not at arm’s length, the amount of that
expenditure is taken to be the amount that would reasonably have been expected
to be incurred if the parties had been dealing with each other at arm’s
length.
This Act does not prevent a grant from being a grant by way of
bounty.
The
TCF (SIP) scheme may provide for grants to be absolutely inalienable (whether by
way of, or in consequence of, sale, assignment, charge, execution, bankruptcy or
otherwise) except with the approval of the Secretary.
The TCF (SIP) scheme may make provision for and in relation to the
following matters:
(a) the times within which claims for grants are to be lodged;
(b) requiring that a claim be accompanied by an audited statement relating
to specified activities;
(c) requiring that a claim be accompanied by such a fee as is ascertained
in accordance with the scheme;
(d) the apportionment of expenditure;
(e) the adjustment of eligibility for grants in relation to the transfer
of the whole or a part of a business, including (but not limited to):
(i) treating the transferee as if the transferee had incurred particular
expenditure, had derived particular revenue and had done particular acts or
things; and
(ii) treating the transferor as if the transferor had not incurred
particular expenditure, had not derived particular revenue and had not done
particular acts or things;
(f) the times when grants become payable;
(g) specifying different categories of eligible expenditure for the
purposes of working out eligibility for different types of grants.
The TCF (SIP) scheme may contain such ancillary or incidental provisions
as the Minister considers appropriate.
Sections 9 to 27 (inclusive) do not, by implication, limit section
8.
The amount of a fee under the TCF (SIP) scheme must not be such as to
amount to taxation.
(1) The TCF (SIP) scheme may be varied, but not revoked, in accordance
with subsection 33(3) of the Acts Interpretation Act 1901.
(2) Subsection (1) does not limit the application of subsection 33(3) of
the Acts Interpretation Act 1901 to other instruments under this
Act.
An
instrument under section 8 is a disallowable instrument for the purposes of
section 46A of the Acts Interpretation Act 1901.
Grants are to be paid out of the Consolidated Revenue Fund, which is
appropriated accordingly.
(1) The object of this section is to allow the diversion to the Regional
Assistance Program of a portion of the $700 million that is available for the
TCF (SIP) scheme.
Note: See also section 9.
(2) Before 1 July 2005, the Minister may, by writing, determine that a
specified amount is appropriated from the Consolidated Revenue Fund for the
purposes of the Regional Assistance Program.
(3) A determination under subsection (2) has effect accordingly.
(4) The Minister must cause a copy of a determination under subsection (2)
to be laid before each House of the Parliament within 15 sitting days of that
House after the day on which the determination was made.
(5) In this section:
Regional Assistance Program means the program administered by
the Commonwealth and known as the Regional Assistance Program.
(1) This section applies to a person if the Secretary has reason to
believe that the person:
(a) has information or a document that is relevant to the operation of the
TCF (SIP) scheme; or
(b) is capable of giving evidence which the Secretary has reason to
believe is relevant to the operation of the TCF (SIP) scheme.
(2) The Secretary may, by written notice given to the person, require the
person:
(a) to give to the Secretary, within the period and in the manner and form
specified in the notice, any such information; or
(b) to produce to the Secretary, within the period and in the manner
specified in the notice, any such documents; or
(c) to make copies of any such documents and to produce to the Secretary,
within the period and in the manner specified in the notice, those copies;
or
(d) if the person is an individual—to appear before the Secretary at
a time and place specified in the notice to give any such evidence, either
orally or in writing, and produce any such documents; or
(e) if the person is a body corporate—to cause a competent officer
of the body to appear before the Secretary at a time and place specified in the
notice to give any such evidence, either orally or in writing, and produce any
such documents.
(3) A person is
guilty of an offence if:
(a) the person is subject to a requirement under subsection (2);
and
(b) the person contravenes the requirement.
Penalty: 20 penalty units.
(4) A notice under subsection (2) must set out the effect of the following
provisions:
(a) subsection (3);
(b) section 45;
(c) section 46;
(d) section 47.
A person is entitled to be paid reasonable compensation for complying
with a requirement covered by paragraph 34(2)(c).
(1) An individual is not excused from giving information or evidence or
producing a document or a copy of a document under this Part on the ground that
the information or evidence or the production of the document or copy might tend
to incriminate the individual or expose the individual to a penalty.
(2) However:
(a) giving the information or evidence or producing the document or copy;
or
(b) any information, document or thing obtained as a direct or indirect
consequence of giving the information or evidence or producing the document or
copy;
is not admissible in evidence against the individual in criminal
proceedings other than:
(c) proceedings
for an offence against subsection 34(3) or section 46 or 47; or
(d) proceedings for an offence against section 45 that relates to this
Part.
(1) The Secretary may inspect a document or copy produced under this Part
and may make and retain copies of, or take and retain extracts from, such a
document.
(2) The Secretary may retain possession of a copy of a document produced
in accordance with a requirement covered by paragraph 34(2)(c).
(1) The Secretary may take, and retain for as long as is necessary,
possession of a document produced under this Part.
(2) The person otherwise entitled to possession of the document is
entitled to be supplied, as soon as practicable, with a copy certified by the
Secretary to be a true copy.
(3) The certified copy must be received in all courts and tribunals as
evidence as if it were the original.
(4) Until a certified copy is supplied, the Secretary must, at such times
and places as the Secretary thinks appropriate, permit the person otherwise
entitled to possession of the document, or a person authorised by that person,
to inspect and make copies of, or take extracts from, the
document.
If:
(a) a grant is paid to an entity; and
(b) the grant is paid subject to a condition (whether a condition
precedent or a condition subsequent); and
(c) the condition was not fulfilled;
the entity is liable to repay to the Commonwealth:
(d) the whole of the grant; or
(e) if, under the TCF (SIP) scheme, a part of the grant ascertained in
accordance with the scheme is taken to be subject to this section—that
part of the grant.
A scheme debt is a debt due to the Commonwealth.
A scheme debt may be recovered by the Commonwealth by action in a court
of competent jurisdiction.
If an entity is liable to pay a scheme debt, the scheme debt may be
deducted from one or more grants that are payable to the entity, and if the
scheme debt is so deducted, the grant is taken to have been paid in full to the
entity.
What this section does
(1) This section allows the Commonwealth to collect money from a person
who owes money to an entity that has a scheme debt.
The Secretary may give direction
(2) The Secretary may direct a person (the third party) who
owes, or may later owe, money (the available money) to the entity
to pay some or all of the available money to the Commonwealth in accordance with
the direction. The Secretary must give a copy of the direction to the
entity.
Limit on directions
(3) The direction cannot require an amount to be paid to the Commonwealth
at a time before it becomes owing by the third party to the entity.
Third party to comply
(4) The third party must comply with the direction, so far as the third
party is able to do so.
Penalty: 20 penalty units.
Court orders
(5) If a person is convicted of an offence in relation to a refusal or
failure of the third party to comply with subsection (4), the court may (in
addition to imposing a penalty on the convicted person) order the convicted
person to pay to the Commonwealth an amount up to the amount involved in the
refusal or failure of the third party.
Indemnity
(6) Any payment made by the third party under this section is taken to
have been made with the authority of the entity and of all other persons
concerned, and the third party is indemnified for the payment.
Notice
(7) If the whole of the scheme debt of the entity is discharged before any
payment is made by the third party, the Secretary must immediately give notice
to the third party of that fact.
When third party is taken to owe money
(8) The third party is taken to owe money to the entity if:
(a) money is due or accruing by the third party to the entity;
or
(b) the third party holds money for or on account of the entity;
or
(c) the third party holds money on account of some other person for
payment to the entity; or
(d) the third party has authority from some other person to pay money to
the entity;
whether or not the payment of the money to the entity is dependent on a
pre-condition that has not been fulfilled.
Building societies—withdrawable shares
(9) For the purposes of this section, money that has been paid by a person
to a building society for the issue of withdrawable shares in the capital of the
society, but has not been repaid, is taken to be:
(a) if the money is payable on demand—money due by the building
society to the person; or
(b) if the money is repayable on demand—money that may become due by
the building society to the person.
Definition
(10) In this section:
building society means a society registered or incorporated
as a building society, co-operative housing society or other similar society
under the law in force in a State or Territory.
Chapter 2 of the Criminal Code applies to all offences against
this Act.
A person is guilty of an offence if:
(a) the person gives information to another person; and
(b) the person does so knowing that the information is false or misleading
in a material particular; and
(c) either of the following subparagraphs applies:
(i) the information is given to a person who is exercising powers or
performing functions under, or in connection with, the TCF (SIP)
scheme;
(ii) the information is given in compliance or purported compliance with
section 34.
Penalty: Imprisonment for 12 months.
A person is guilty of an offence if:
(a) the person gives evidence to another person; and
(b) the person does so knowing that the evidence is false or misleading in
a material particular; and
(c) the evidence is given under section 34.
Penalty: Imprisonment for 12 months.
(1) A person is guilty of an offence if:
(a) the person produces a document to another person; and
(b) the person does so knowing that the document is false or misleading in
a material particular; and
(c) the document is produced in compliance or purported compliance with
section 34.
Penalty: Imprisonment for 12 months.
(2) Subsection (1) does not apply to a person who produces a document if
the document is accompanied by a written statement signed by the person or, in
the case of a body corporate, by a competent officer of the body
corporate:
(a) stating that the document is, to the knowledge of the first-mentioned
person, false or misleading in a material particular; and
(b) setting out, or referring to, the material particular in which the
document is, to the knowledge of the first-mentioned person, false or
misleading.
Delegation to senior officers of the Department
(1) The Secretary may, by writing, delegate to one or more senior officers
of the Department any or all of the Secretary’s functions or powers under
this Act or the TCF (SIP) scheme.
(2) A delegate is, in the performance of a function delegated under
subsection (1), or in the exercise of a power delegated under subsection (1),
subject to the directions of the Secretary.
Delegation to senior employees of an authorised Commonwealth
contractor
(3) The Secretary may, by writing, delegate to one or more senior
employees of an authorised Commonwealth contractor any or all of the
Secretary’s functions or powers under the TCF (SIP) scheme, other than the
function referred to in paragraph 20(1)(b) (which deals with the reconsideration
of decisions).
(4) A delegate is, in the performance of a function delegated under
subsection (3), or in the exercise of a power delegated under subsection (3),
subject to the directions of the Secretary.
Section 70 of the Crimes Act 1914
(5) For the purposes of the application of the definition of
Commonwealth officer in subsection 3(1) of the Crimes Act
1914 to section 70 of that Act, a person who performs functions, or
exercises powers, under a delegation under this section is taken to be a person
who performs services for the Commonwealth.
Definitions
(6) In this section:
authorised Commonwealth contractor means a
person who:
(a) provides, or proposes to provide, services to the Commonwealth under a
contract; and
(b) is authorised, in writing, by the Secretary for the purposes of this
definition.
senior employee, in relation to an authorised Commonwealth
contractor, means an employee of the contractor, where the skills and
responsibilities that are expected of the employee are equivalent to, or exceed,
the skills and responsibilities expected of at least one of the senior officers
of the Department.
senior officer, in relation to the Department,
means:
(a) a person who holds or performs the duties of a Senior Executive
Service office or position in the Department; or
(b) a person who holds or performs the duties of an Executive Officer
(Level 2) office or position in the Department.
(1) A function or power conferred on the Minister by this Act must not be
performed or exercised in such a manner that any bounty under the TCF (SIP)
scheme would not be uniform throughout the Commonwealth within the meaning of
paragraph 51(iii) of the Constitution.
(2) A function or power conferred on the Secretary by the TCF (SIP) scheme
must not be performed or exercised in such a manner that any bounty under the
scheme would not be uniform throughout the Commonwealth within the meaning of
paragraph 51(iii) of the Constitution.
(1) In performing a function, or exercising a power, conferred by this
Act, the Minister must have regard to Australia’s obligations
under:
(a) the Agreement Establishing the World Trade Organization; and
(b) the Australia New Zealand Closer Economic Relations Trade Agreement;
and
(c) an international agreement specified in the regulations.
(2) Subsection (1) does not limit the matters to which the Minister may
have regard.
(3) In performing a function, or exercising a power, conferred by the TCF
(SIP) scheme, the Secretary must have regard to Australia’s obligations
under:
(a) the Agreement Establishing the World Trade Organization; and
(b) the Australia New Zealand Closer Economic Relations Trade Agreement;
and
(c) an international agreement specified in the regulations.
(4) Subsection (3) does not limit the matters to which the Secretary may
have regard.
(5) In this section:
Australia New Zealand Closer Economic Relations Trade
Agreement includes:
(a) a Protocol relating to that agreement; and
(b) an instrument under that agreement or under such a Protocol.
international agreement means:
(a) a convention to which Australia is a party; or
(b) an agreement between Australia and a foreign country.
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.