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This is a Bill, not an Act. For current law, see the Acts databases.
EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT BILL 2010
2008-2009-2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Export Market Development Grants
Amendment Bill 2010
No. , 2010
(Trade)
A Bill for an Act to amend the Export Market
Development Grants Act 1997, and for related
purposes
i Export Market Development Grants Amendment Bill 2010 No. , 2010
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Export Market Development Grants Act 1997
3
Part 2--Other amendments
7
Export Market Development Grants Act 1997
7
Export Market Development Grants Amendment Bill 2010 No. , 2010 1
A Bill for an Act to amend the Export Market
1
Development Grants Act 1997, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Export Market Development Grants
6
Amendment Act 2010.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
2 Export Market Development Grants Amendment Bill 2010 No. , 2010
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Main amendments Part 1
Export Market Development Grants Amendment Bill 2010 No. , 2010 3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Export Market Development Grants Act 1997
3
1 Paragraph 6(1)(f)
4
Repeal the paragraph.
5
2 Subsection 7(1)
6
Omit ", an approved trading house".
7
Note:
The heading to subsection 7(1) is altered by omitting ", approved trading house".
8
3 Paragraph 7(1)(c)
9
Omit "8", substitute "7".
10
4 Subsection 7(3)
11
Repeal the subsection.
12
5 Paragraph 7(4)(b)
13
Omit "8", substitute "7".
14
6 Paragraphs 9(1)(b) and (2)(b)
15
Omit "neither an approved body nor an approved trading house",
16
substitute "not an approved body".
17
7 Subsection 18(1)
18
Omit ", approved joint venture or approved trading house", substitute
19
"or approved joint venture".
20
8 Paragraph 29(b)
21
Omit "an approved trading house or".
22
9 Paragraph 29(b)
23
Omit "of the trading house or of the joint venture (as the case may be)",
24
substitute "of the joint venture".
25
10 Paragraph 29(d)
26
Schedule 1 Amendments
Part 1 Main amendments
4 Export Market Development Grants Amendment Bill 2010 No. , 2010
Omit "$10,000", substitute "$20,000".
1
11 Subsection 33(2) (cell at table item 8, column 3)
2
At the end of the cell, add:
3
, up to a limit of:
(a) if the applicant is a grantee
in respect of any previous
grant year--$50,000 for
the grant year; or
(b) if the applicant is not a
grantee in respect of any
previous grant year--
$50,000 for the grant year
and the immediately
preceding year
12 Paragraphs 37(1)(d) and (da)
4
Omit "or an approved trading house".
5
13 Paragraph 37(1)(f)
6
Omit "or approved trading house".
7
14 Subsection 38(2)
8
Omit "or approved trading house".
9
15 Section 40 (table items 11 and 12)
10
Repeal the items.
11
16 Sections 51 and 52
12
Repeal the sections.
13
17 Paragraph 53(1)(b)
14
Omit "$30,000,000", substitute "$50,000,000".
15
18 Subsection 63(1)
16
Omit "(2A),".
17
19 Subsection 63(2A)
18
Repeal the subsection.
19
Amendments Schedule 1
Main amendments Part 1
Export Market Development Grants Amendment Bill 2010 No. , 2010 5
20 Paragraph 63(3)(a)
1
Omit "neither an approved body nor an approved trading house",
2
substitute "not an approved body".
3
21 Paragraph 63(3)(e)
4
Omit ", (2) or (2A)", substitute "or (2)".
5
22 Subsection 63(4)
6
Repeal the subsection, substitute:
7
(4) An applicant's provisional grant amount for a grant year may not
8
exceed $150,000.
9
23 Subsection 65(1)
10
Omit "other than an approved trading house".
11
24 Paragraphs 70(2A)(a), (2B)(a) and (2C)(a)
12
Omit "neither an approved body nor an approved trading house",
13
substitute "not an approved body".
14
25 Division 1 of Part 8 (heading)
15
Repeal the heading, substitute:
16
Division 1--Approved bodies and approved joint ventures
17
26 Subsection 88(3)
18
Repeal the subsection.
19
27 Subsection 89(5) (not including the note)
20
Repeal the subsection.
21
28 Subsection 91(1)
22
Omit "as a trading house or".
23
29 Paragraphs 97(1)(e) and (h)
24
Repeal the paragraphs.
25
30 Subparagraph 101(1)(c)(i)
26
Omit "as a trading house or".
27
Schedule 1 Amendments
Part 1 Main amendments
6 Export Market Development Grants Amendment Bill 2010 No. , 2010
31 Paragraph 106(2)(a)
1
Omit ", approved trading houses".
2
32 Subsections 106A(1) and (3)
3
Omit "2010", substitute "2015".
4
33 Subsection 107(1) (definition of approved trading house)
5
Repeal the definition.
6
34 Subsection 107(1) (paragraph (a) of the definition of grant
7
year)
8
Omit "2011", substitute "2016".
9
35 Application
10
The amendments made by items 1 to 24 apply in relation to working out
11
entitlements to grants under the Export Market Development Grants Act
12
1997 in respect of a grant year commencing on or after 1 July 2010.
13
14
Amendments Schedule 1
Other amendments Part 2
Export Market Development Grants Amendment Bill 2010 No. , 2010 7
Part 2--Other amendments
1
Export Market Development Grants Act 1997
2
36 Subsection 16(2) (paragraph (e) of the definition of
3
relevant offence)
4
Omit "or 136.1", substitute ", 136.1, 137.1 or 137.2".
5
37 Paragraph 70(2)(b)
6
Repeal the paragraph, substitute:
7
(b) be made within:
8
(i) 5 months after the end of the grant year; or
9
(ii) if the circumstances specified in an instrument under
10
subsection (4) exist in relation to the application--such
11
greater number of months after the end of the grant year
12
as is specified in the instrument.
13
38 At the end of section 70
14
Add:
15
(4) The CEO of Austrade may, by legislative instrument, specify
16
circumstances, and a number of months, for the purposes of
17
subparagraph (2)(b)(ii).
18
39 Paragraph 78(1)(e)
19
Omit "or 136.1", substitute ", 136.1, 137.1 or 137.2".
20
40 At the end of subsection 97(1)
21
Add:
22
; (k) a decision under that scheme to impose conditions on the
23
accreditation of an export market development grants
24
consultant or to vary those conditions.
25
41 After paragraph 100(2)(a)
26
Insert:
27
(aa) imposing conditions on the accreditation of export market
28
development grants consultants or varying or removing those
29
conditions; and
30
Schedule 1 Amendments
Part 2 Other amendments
8 Export Market Development Grants Amendment Bill 2010 No. , 2010
42 Paragraph 103(1)(a)
1
Omit "or 136.1", substitute ", 136.1, 137.1 or 137.2".
2
43 Application
3
(1)
The amendment made by item 36 applies in relation to working out
4
eligibility for grants under the Export Market Development Grants Act
5
1997 in respect of a grant year commencing on or after 1 July 2010,
6
regardless of whether the conviction of the offence against
7
section 137.1 or 137.2 of the Criminal Code occurred before, on or after
8
the commencement of that item.
9
(2)
The amendment made by item 37 applies in relation to applications
10
made on or after the commencement of that item.
11
(3)
The amendment made by item 39 applies in relation to the preparation
12
of applications for grants under the Export Market Development Grants
13
Act 1997 in respect of a grant year commencing on or after 1 July 2010,
14
regardless of whether the conviction of the offence against
15
section 137.1 or 137.2 of the Criminal Code occurred before, on or after
16
the commencement of that item.
17
(4)
The amendment made by item 42 applies in relation to grants or
18
advances paid on or after the commencement of that item, regardless of
19
whether the conviction of the offence against section 137.1 or 137.2 of
20
the Criminal Code occurred before, on or after that commencement.
21