Commonwealth of Australia Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
AUTOMOTIVE TRANSFORMATION SCHEME BILL 2009
2008-2009
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Automotive Transformation Scheme Bill
2009
No. , 2009
(Innovation, Industry, Science and Research)
A Bill for an Act to provide for the establishment of
the Automotive Transformation Scheme, and for
related purposes
i Automotive Transformation Scheme Bill 2009 No. , 2009
Contents
Part 1--Preliminary
1
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 2
3
Object.................................................................................................. 2
4
Definitions .......................................................................................... 3
Part 2--The Automotive Transformation Sche me
4
Division 1--Making the Automotive Transformation Scheme
4
5
Making the Automotive Transformation Scheme .............................. 4
6
Other matters that may be included in the Automotive
Transformation Scheme...................................................................... 4
Division 2--Assistance
6
Subdivision A--Assistance available
6
7
Kinds of assistance ............................................................................. 6
8
Amount of capped assistance available .............................................. 6
Subdivision B--Payments of assistance
7
9
Payments............................................................................................. 7
Subdivision C--Miscellaneous
7
10
Appropriation...................................................................................... 7
Division 3--Monitoring powers
8
Subdivision A--Powers for monitoring compliance
8
11
Authorised officer may enter premises by consent or under a
monitoring warrant ............................................................................. 8
12
Powers available for monitoring compliance ..................................... 8
Subdivision B--Obtaining consent
10
13
Consent ............................................................................................. 10
Subdivision C--Monitoring warrants
11
14
Application for a monitoring warrant ............................................... 11
15
When a monitoring warrant may be issued ...................................... 11
16
Content of warrant ............................................................................ 12
Subdivision D--Obligations and incidental powers of authorised
officers
12
17
Authorised officer must produce identity card on request................ 12
18
Announcement before entry ............................................................. 12
19
Copy of warrant to be shown to occupier etc. .................................. 13
20
Use of electronic equipment in exercising monitoring powers ........ 13
21
Compensation for damage to electronic equipment ......................... 14
Automotive Transformation Scheme Bill 2009 No. , 2009 ii
Subdivision E--Occupier's rights and res ponsibilities
15
22
Occupier entitled to be present during execution of
monitoring warrant ........................................................................... 15
23
Occupier to provide authorised officer with facilities and
assistance .......................................................................................... 15
Subdivision F--Offences
16
24
Offence for failure to answer questions, produce books etc............. 16
25
Offence for failing to provide authorised officer with
facilities and assistance..................................................................... 16
Subdivision G--Miscellaneous
16
26
Magistrates--personal capacity........................................................ 16
Part 3--Miscellaneous
18
27
Transitional arrangements ................................................................ 18
28
Delegation......................................................................................... 18
29
Regulations ....................................................................................... 18
Automotive Transformation Scheme Bill 2009 No. , 2009 1
A Bill for an Act to provide for the establishment of
1
the Automotive Transformation Scheme, and for
2
related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Automotive Transformation Scheme
8
Act 2009.
9
Part 1 Preliminary
Section 2
2 Automotive Transformation Scheme Bill 2009 No. , 2009
2 Commence ment
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day on which this Act receives the
Royal Assent.
2. Sections 3 to
29
1 Ju ly 2010.
However, if the ACIS Ad ministration
Amendment Act 2009 does not receive the
Royal Assent before 1 Ju ly 2010, the
provision(s) do not commence at all.
Note:
This table relates only to the provisions of this Act as originally
7
passed by both Houses of the Parliament and assented to. It will not be
8
expanded to deal with provisions inserted in this Act after assent.
9
(2) Column 3 of the table contains additional information that is not
10
part of this Act. Information in this column may be added to or
11
edited in any published version of this Act.
12
3 Object
13
(1) The object of this Act is to encourage competitive investment and
14
innovation in the Australian automotive industry by providing
15
assistance to participants in the Automotive Transformation
16
Scheme.
17
(2) The object is to be achieved in a way that:
18
(a) improves environmental outcomes; and
19
(b) promotes the development of workforce skills.
20
Preliminary Part 1
Section 4
Automotive Transformation Scheme Bill 2009 No. , 2009 3
4 Definitions
1
In this Act:
2
ACIS has the same meaning as in the ACIS Administration Act
3
1999.
4
assisting officer, in relation to a monitoring warrant, means a
5
person who is an authorised officer and is assisting in executing the
6
warrant.
7
ATS participant means a person, entity or group registered under
8
the Automotive Transformation Scheme.
9
authorised officer means a person appointed by the Secretary
10
under the Automotive Transformation Scheme.
11
Automotive Transformation Scheme means the scheme prescribed
12
for the purposes of section 5.
13
Federal Court means the Federal Court of Australia.
14
monitoring powers has the meaning given by section 12.
15
monitoring warrant means a warrant issued under section 15.
16
Secretary means the Secretary of the Department.
17
stage 1 means:
18
(a) the period beginning on 1 January 2011 and ending on
19
31 December 2015; and
20
(b) January, February and March 2016.
21
stage 2 means:
22
(a) the period beginning on 1 January 2016 and ending on
23
31 December 2020; and
24
(b) January, February and March 2021.
25
26
Part 2 The Automotive Transformation Scheme
Division 1 Making the Automotive Transformation Scheme
Section 5
4 Automotive Transformation Scheme Bill 2009 No. , 2009
Part 2--The Automotive Transformation Scheme
1
Division 1--Making the Automotive Transformation
2
Scheme
3
5 Making the Automotive Transformation Scheme
4
(1) To further the object of this Act, the regulations must prescribe a
5
scheme (the Automotive Transformation Scheme) about the
6
following matters:
7
(a) the registration of participants (ATS participants) by the
8
Secretary;
9
(b) the payment of an amount to an ATS participant if certain
10
conditions are satisfied;
11
(c) the recovery by the Commonwealth of amounts from ATS
12
participants in prescribed circumstances;
13
(d) the payment of interest by an ATS participant on an overpaid
14
amount;
15
(e) the review of decisions, and, in respect of decisions of a
16
prescribed kind, the limitations that apply to implementing
17
the Administrative Appeals Tribunal's decision or a court's
18
decision about those prescribed kind of decisions;
19
(f) the appointment of authorised officers by the Secretary;
20
(g) a matter required or permitted by this Act to be included in
21
the Scheme;
22
(h) ancillary or incidental matters.
23
(2) The Automotive Transformation Scheme is to be a self-assessment
24
scheme.
25
6 Other matters that may be included in the Automotive
26
Transformation Sche me
27
The Automotive Transformation Scheme may provide for any or
28
all of the following matters:
29
(a) the application process for registration;
30
(b) the assessment criteria for registration;
31
(c) the amount of a payment to an ATS participant;
32
The Automotive Transformation Scheme Part 2
Making the Automotive Transformation Scheme Division 1
Section 6
Automotive Transformation Scheme Bill 2009 No. , 2009 5
(d) the inalienability of an amount of a payment to an ATS
1
participant, except with the approval of the Secretary;
2
(e) the deregistration of an ATS participant.
3
4
Part 2 The Automotive Transformation Scheme
Division 2 Assistance
Section 7
6 Automotive Transformation Scheme Bill 2009 No. , 2009
Division 2--Assistance
1
Subdivision A--Assistance available
2
7 Kinds of assistance
3
Assistance under the Automotive Transformation Scheme is of two
4
kinds:
5
(a) capped assistance; and
6
(b) uncapped assistance.
7
8 Amount of capped assistance available
8
(1) The total amount of capped assistance under the Automotive
9
Transformation Scheme must not exceed:
10
(a) for stage 1--$1.5 billion; and
11
(b) for stage 2--$1 billion.
12
(2) Subject to subsection (3), the total amount of capped assistance
13
paid in respect of a year must not exceed $300 million.
14
(3) However, if the total amount of capped assistance paid in respect
15
of a particular year is less than $300 million, the balance may be
16
paid as capped assistance in respect of any later year within the
17
relevant stage.
18
Example: If the total amount of capped assistance paid in respect of the year
19
beginning on 1 January 2012 is $270 million, the amount of capped
20
assistance available in respect of the year beginning on 1 January 2013
21
is $330 million.
22
Note:
Except for recovered amounts (dealt with under subsection (6)),
23
capped assistance cannot be carried forward from stage 1 to stage 2.
24
(4) Subject to subsection (6), an amount of capped assistance in
25
respect of a year must not be paid on or after 1 April in the
26
following year.
27
(5) For the purposes of subsections (1) to (3), an amount of capped
28
assistance recovered by the Commonwealth is treated as if it had
29
never been paid.
30
The Automotive Transformation Scheme Part 2
Assistance Division 2
Section 9
Automotive Transformation Scheme Bill 2009 No. , 2009 7
(6) To the extent that the balance referred to in subsection (3) consists
1
of amounts of capped assistance recovered by the Commonwealth
2
during the last year of a stage, the balance may be paid in the year
3
following the last year of that stage. For the purposes of
4
subsections (1) and (2), such a payment is taken to have been made
5
in respect of the last year of that stage.
6
Subdivision B--Payments of assistance
7
9 Payments
8
Making payments
9
(1) The Automotive Transformation Scheme must provide that a
10
payment of capped or uncapped assistance to an ATS participant
11
may only be made:
12
(a) on the condition that all or part of the payment may be offset
13
or recovered by the Commonwealth in the manner and in the
14
circumstances provided for by the Scheme; and
15
(b) on any other conditions provided for by the Scheme.
16
Recovering payments
17
(2) Without limiting paragraph (1)(a), the Scheme may provide that all
18
or part of a payment of capped or uncapped assistance to an ATS
19
participant may be recovered by the Commonwealth from a person
20
or entity who owes, or may later owe, money to the ATS
21
participant.
22
Subdivision C--Miscellaneous
23
10 Appropriation
24
Capped assistance under the Automotive Transformation Scheme
25
is to be paid out of the Consolidated Revenue Fund, which is
26
appropriated accordingly.
27
28
Part 2 The Automotive Transformation Scheme
Division 3 Monitoring powers
Section 11
8 Automotive Transformation Scheme Bill 2009 No. , 2009
Division 3--Monitoring powers
1
Subdivision A--Powers for monitoring compliance
2
11 Authorised officer may enter premises by consent or under a
3
monitoring warrant
4
(1) For the purposes of:
5
(a) finding out whether the Automotive Transformation Scheme
6
has been complied with; or
7
(b) assessing the correctness of information provided under the
8
Scheme;
9
an authorised officer may enter any premises if:
10
(c) the occupier of the premises consents to the entry; or
11
(d) the entry is made under a monitoring warrant.
12
Note:
Paragraph (c)--see section 13.
13
(2) An authorised officer who enters premises under subsection (1)
14
may exercise the monitoring powers set out in section 12.
15
12 Powe rs available for monitoring compliance
16
(1) An authorised officer who enters premises under subsection 11(1)
17
may exercise the following monitoring powers:
18
(a) the power to search the premises and any thing on the
19
premises;
20
(b) the power to inspect, examine, take measurements of, or
21
conduct tests (including by the taking of samples)
22
concerning, any thing on the premises;
23
(c) the power to take photographs, make video or audio
24
recordings or make sketches of the premises or any thing on
25
the premises;
26
(d) if the authorised officer entered the premises by consent--to
27
ask any person in or on the premises:
28
(i) to answer any questions put by the authorised officer;
29
and
30
(ii) to produce any book, record or document requested by
31
the authorised officer;
32
The Automotive Transformation Scheme Part 2
Monitoring powers Division 3
Section 12
Automotive Transformation Scheme Bill 2009 No. , 2009 9
(e) if the authorised officer was authorised to enter the premises
1
by a monitoring warrant--to require any person in or on the
2
premises:
3
(i) to answer any questions put by the authorised officer;
4
and
5
(ii) to produce any book, record or document requested by
6
the authorised officer;
7
(f) the power to inspect any book, record or document on the
8
premises;
9
(g) the power to take extracts from or make copies of any such
10
book, record or document;
11
(h) the power to take onto premises such equipment and
12
materials as the authorised officer requires for the purpose of
13
exercising powers in relation to the premises;
14
(i) the power to operate electronic equipment, and do other
15
things, at the premises as mentioned in section 20;
16
(j) the powers set out in subsections (2), (3) and (4).
17
Note:
Failure to comply with paragraph (1)(e) is an offence--see section 24.
18
(2) The monitoring powers include the power to secure a thing for no
19
more than 24 hours if:
20
(a) the thing is found during the exercise of monitoring powers
21
on the premises; and
22
(b) an authorised officer believes on reasonable grounds that:
23
(i) the thing affords evidence of the commission of an
24
offence against the Automotive Transformation
25
Scheme, or evidence of the commission of an offence
26
against the Crimes Act 1914 or the Criminal Code that
27
relates to the Scheme; and
28
(ii) it is necessary to secure the thing in order to prevent it
29
from being concealed, lost, destroyed or tampered with
30
before a warrant to seize the thing is obtained.
31
(3) The monitoring powers include the power to operate equipment at
32
the premises to see whether:
33
(a) the equipment; or
34
(b) a data storage device that:
35
(i) is at the premises; and
36
Part 2 The Automotive Transformation Scheme
Division 3 Monitoring powers
Section 13
10 Automotive Transformation Scheme Bill 2009 No. , 2009
(ii) can be used with the equipment or is associated with it;
1
contains information that is relevant to:
2
(c) determining whether there has been compliance with the
3
Automotive Transformation Scheme; or
4
(d) assessing the correctness of information provided under the
5
Scheme.
6
(4) The monitoring powers include the following powers in relation to
7
information described in subsection (3) found in the exercise of the
8
power under that subsection:
9
(a) the power to operate facilities at the premises to put the
10
information in documentary form and copy the documents so
11
produced;
12
(b) the power to operate facilities at the premises to transfer the
13
information to a disk, tape or other storage device that:
14
(i) is brought to the premises for the exercise of the power;
15
or
16
(ii) is at the premises and the use of which for the purpose
17
has been agreed in writing by the occupier of the
18
premises;
19
(c) the power to remove from the premises a disk, tape or other
20
storage device to which the information has been transferred
21
in exercise of the power under paragraph (b).
22
Subdivision B--Obtaining consent
23
13 Consent
24
(1) Before obtaining the consent of an occupier of premises, the
25
authorised officer must inform the occupier that he or she may
26
refuse consent.
27
(2) An entry of an authorised officer because of an occupier's consent
28
is not lawful unless the occupier voluntarily consented to the entry.
29
(3) An occupier's consent may be expressed to be limited to entry
30
during a particular period unless the consent is withdrawn before
31
the end of that period.
32
The Automotive Transformation Scheme Part 2
Monitoring powers Division 3
Section 14
Automotive Transformation Scheme Bill 2009 No. , 2009 11
(4) A consent that is not limited as mentioned in subsection (3) has
1
effect until the consent is withdrawn.
2
(5) If an authorised officer is on the premises with the consent of the
3
occupier, the authorised officer must:
4
(a) show his or her identity card to the occupier, if required by
5
the occupier; and
6
(b) leave the premises if the occupier asks the authorised officer
7
to do so.
8
Subdivision C--Monitoring warrants
9
14 Application for a monitoring warrant
10
(1) An authorised officer may apply to a magistrate for a monitoring
11
warrant if the authorised officer wishes to find out whether the
12
Automotive Transformation Scheme has been complied with.
13
(2) An authorised officer must give the magistrate information on oath
14
or by affirmation to support the grounds for an application under
15
subsection (1).
16
15 When a monitoring warrant may be issued
17
(1) If:
18
(a) an authorised officer applies to a magistrate under subsection
19
14(1); and
20
(b) the magistrate is satisfied, on the information given under
21
subsection 14(2), that it is reasonably necessary that one or
22
more authorised officers should have access to premises for
23
the purposes of finding out whether the Automotive
24
Transformation Scheme has been complied with;
25
the magistrate may issue a monitoring warrant authorising one or
26
more authorised officers to search the premises.
27
(2) However, a magistrate must not issue a warrant under this section
28
unless the authorised officer or some other person has given to the
29
magistrate, either orally or by affidavit, such further information (if
30
any) as the magistrate requires concerning the grounds on which
31
the issue of the warrant is being sought.
32
Part 2 The Automotive Transformation Scheme
Division 3 Monitoring powers
Section 16
12 Automotive Transformation Scheme Bill 2009 No. , 2009
16 Content of warrant
1
If a magistrate issues a warrant, the magistrate is to state in the
2
warrant:
3
(a) a description of the premises to which the warrant relates;
4
and
5
(b) that the warrant authorises one or more authorised officers
6
(whether or not named in the warrant):
7
(i) to enter the premises; and
8
(ii) to exercise the powers set out in section 12; and
9
(c) whether the warrant may be executed at any time or only
10
during particular hours; and
11
(d) the day (not more than 6 months after the issue of the
12
warrant) on which the warrant ceases to have effect.
13
Subdivision D--Obligations and incidental powers of
14
authorised officers
15
17 Authorised officer must produce identity card on request
16
An authorised officer is not entitled to exercise any powers under
17
this Division in relation to premises if:
18
(a) the occupier of the premises requires the authorised officer to
19
produce his or her identity card for inspection by the
20
occupier; and
21
(b) the authorised officer fails to comply with the requirement.
22
18 Announce ment before entry
23
An authorised officer executing a monitoring warrant must, before
24
entering premises under the warrant:
25
(a) announce that he or she is authorised to enter the premises;
26
and
27
(b) give any person at the premises an opportunity to allow entry
28
to the premises.
29
The Automotive Transformation Scheme Part 2
Monitoring powers Division 3
Section 19
Automotive Transformation Scheme Bill 2009 No. , 2009 13
19 Copy of warrant to be shown to occupier etc.
1
(1) If the occupier of the premises, or another person who apparently
2
represents the occupier, is present at the premises, the authorised
3
officer executing the monitoring warrant or an assisting officer
4
must make a copy of the warrant available to the person.
5
(2) The authorised officer must identify himself or herself to the
6
person at the premises.
7
(3) The copy of the monitoring warrant need not include the signature
8
of the magistrate who issued it.
9
20 Use of electronic equipme nt in exercising monitoring powe rs
10
(1) An authorised officer or an assisting officer may operate electronic
11
equipment already at the premises in order to exercise monitoring
12
powers if he or she believes, on reasonable grounds, that the
13
operation of the equipment can be carried out without damage to
14
the equipment.
15
(2) If the authorised officer or an assisting officer believes, on
16
reasonable grounds, that:
17
(a) there is on the premises material relating to information
18
provided under the Automotive Transformation Scheme that
19
may be accessible by operating electronic equipment on the
20
premises; and
21
(b) expert assistance is required to operate the equipment; and
22
(c) if he or she does not take action under this subsection, the
23
material may be destroyed, altered or otherwise interfered
24
with;
25
he or she may do whatever is necessary to secure the equipment,
26
whether by locking it up, placing a guard, or otherwise.
27
(3) The authorised officer or an assisting officer must give notice to
28
the occupier of the premises of his or her intention to secure
29
equipment and of the fact that the equipment may be secured for up
30
to 24 hours.
31
(4) The equipment may be secured:
32
(a) for a period not exceeding 24 hours; or
33
Part 2 The Automotive Transformation Scheme
Division 3 Monitoring powers
Section 21
14 Automotive Transformation Scheme Bill 2009 No. , 2009
(b) until the equipment has been operated by the expert;
1
whichever happens first.
2
(5) If an authorised officer or an assisting officer believes, on
3
reasonable grounds, that the expert assistance will not be available
4
within 24 hours, he or she may apply to a magistrate for an
5
extension of the period.
6
(6) The authorised officer or an assisting officer must give notice to
7
the occupier of the premises of his or her intention to apply for an
8
extension. The occupier is entitled to be heard in relation to that
9
application.
10
(7) The provisions of this Division relating to the issue of monitoring
11
warrants apply, with such modifications as are necessary, to the
12
issue of an extension.
13
21 Compensation for damage to electronic equipment
14
(1) This section applies if:
15
(a) as a result of electronic equipment being operated as
16
mentioned in section 20:
17
(i) damage is caused to the equipment; or
18
(ii) the data recorded on the equipment is damaged; or
19
(iii) programs associated with the use of the equipment, or
20
with the use of the data, are damaged or corrupted; and
21
(b) the damage or corruption occurs because:
22
(i) insufficient care was exercised in selecting the person
23
who was to operate the equipment; or
24
(ii) insufficient care was exercised by the person operating
25
the equipment.
26
(2) The Commonwealth must pay the owner of the equipment, or the
27
user of the data or programs, such reasonable compensation for the
28
damage or corruption as the Commonwealth and the owner or user
29
agree on.
30
(3) However, if the owner or user and the Commonwealth fail to
31
agree, the owner or user may institute proceedings in the Federal
32
The Automotive Transformation Scheme Part 2
Monitoring powers Division 3
Section 22
Automotive Transformation Scheme Bill 2009 No. , 2009 15
Court for such reasonable amount of compensation as the Court
1
determines.
2
(4) In determining the amount of compensation payable under
3
subsection (3), regard is to be had to whether the occupier of the
4
premises, or the occupier's employees and agents, if they were
5
available at the time, provided any appropriate warning or
6
guidance on the operation of the equipment.
7
(5) Compensation is payable out of money appropriated by the
8
Parliament.
9
Subdivision E--Occupier's rights and responsibilities
10
22 Occupier entitled to be present during execution of monitoring
11
warrant
12
(1) If:
13
(a) a monitoring warrant is being executed; and
14
(b) the occupier of the premises to which the warrant relates, or
15
another person who apparently represents the occupier, is
16
present at the premises;
17
the person is entitled to observe the execution of the warrant.
18
(2) The right to observe the execution of the warrant ceases if the
19
person impedes that execution.
20
(3) This section does not prevent the execution of the warrant in 2 or
21
more areas of the premises at the same time.
22
23 Occupier to provide authorised officer with facilities and
23
assistance
24
The occupier of premises to which a monitoring warrant relates, or
25
another person who apparently represents the occupier, must
26
provide the authorised officer executing the warrant and any
27
assisting officer with all reasonable facilities and assistance for the
28
effective exercise of their powers.
29
Note:
Failure to comply with this requirement is an offence--see section 25.
30
Part 2 The Automotive Transformation Scheme
Division 3 Monitoring powers
Section 24
16 Automotive Transformation Scheme Bill 2009 No. , 2009
Subdivision F--Offences
1
24 Offence for failure to answer questions, produce books etc.
2
(1) A person commits an offence if the person refuses or fails to
3
comply with a requirement under paragraph 12(1)(e).
4
Penalty: 6 months imprisonment.
5
(2) Subsection (1) does not apply if the person has a reasonable
6
excuse.
7
Note:
The defendant bears an evidential burden in relation to the matter in
8
subsection (2)--see subsection 13.3(3) of the Criminal Code.
9
(3) It is a reasonable excuse for a person to refuse or fail to answer a
10
question or produce a book, record or document if answering the
11
question, or producing the book, record or document, would tend
12
to incriminate the person.
13
25 Offence for failing to provide authorised office r with facilities
14
and assistance
15
A person commits an offence if:
16
(a) the person is subject to a requirement under section 23; and
17
(b) the person does an act or omits to do an act; and
18
(c) the act or omission breaches the requirement.
19
Penalty: 30 penalty units.
20
Subdivision G--Miscellaneous
21
26 Magistrates--personal capacity
22
Functions conferred personally
23
(1) The functions conferred on a magistrate by sections 15 and 16 are
24
conferred on the magistrate:
25
(a) in a personal capacity; and
26
(b) not as a court or a member of a court.
27
The Automotive Transformation Scheme Part 2
Monitoring powers Division 3
Section 26
Automotive Transformation Scheme Bill 2009 No. , 2009 17
Functions need not be accepted
1
(2) The magistrate need not accept the functions conferred.
2
Protection and immunity
3
(3) A magistrate performing a function conferred by sections 15 and
4
16 has the same protection and immunity as if he or she were
5
performing the function:
6
(a) as the court of which the magistrate is a member; or
7
(b) as a member of the court of which the magistrate is a
8
member.
9
10
Part 3 Miscellaneous
Section 27
18 Automotive Transformation Scheme Bill 2009 No. , 2009
Part 3--Miscellaneous
1
2
27 Transitional arrangements
3
The Automotive Transformation Scheme must provide for matters
4
of a transitional nature relating to ACIS.
5
Example: A matter of a transitional nature would include the recognition of
6
eligible investments made under ACIS by persons or entities who
7
become ATS participants.
8
28 Delegation
9
(1) The Minister may, by written instrument, delegate to the Secretary
10
all or any of the Minister's powers under the Automotive
11
Transformation Scheme.
12
(2) The Secretary may, by written instrument, delegate to an SES
13
employee in the Department all or any of the Secretary's powers
14
under the Scheme.
15
(3) If a power of a prescribed kind is delegated to the Secretary under
16
subsection (1), the Secretary may, by written instrument, delegate
17
that power to an SES employee in the Department.
18
(4) In exercising powers under a delegation under subsection (1) or
19
(3), the delegate must comply with any directions of the Minister.
20
(5) In exercising powers under a delegation under subsection (2), the
21
delegate must comply with any directions of the Secretary.
22
29 Regulations
23
The Governor General may make regulations prescribing matters:
24
(a) required or permitted by this Act to be prescribed; or
25
(b) necessary or convenient to be prescribed for carrying out or
26
giving effect to this Act.
27
[Index]
[Search]
[Download]
[Related Items]
[Help]