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This is a Bill, not an Act. For current law, see the Acts databases.
EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT BILL 2013
2010-2011-2012-2013
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Export Market Development Grants
Amendment Bill 2013
No. , 2013
(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 2013 No. , 2013
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Part 1--Amendments commencing on Royal Assent
3
Export Market Development Grants Act 1997
3
Part 2--Amendments commencing on 1 July 2013
8
Export Market Development Grants Act 1997
8
Export Market Development Grants Amendment Bill 2013 No. , 2013 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 2013.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
13
2 Export Market Development Grants Amendment Bill 2013 No. , 2013
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The day this Act receives the Royal Assent.
3. Schedule 1,
Part 2
1 July 2013.
1 July 2013
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Amendments commencing on Royal Assent Part 1
Export Market Development Grants Amendment Bill 2013 No. , 2013 3
Schedule 1
--
Amendments
1
Part 1
--
Amendments commencing on Royal Assent
2
Export Market Development Grants Act 1997
3
1 Readers guide (including the list of terms defined in Part 9)
4
Repeal the guide.
5
2 Paragraph 7(1)(c)
6
Omit "7", substitute "8".
7
3 Paragraph 7(4)(b)
8
Omit "7", substitute "8".
9
4 Subsection 23(1)
10
Omit "an event,".
11
5 Section 25A
12
Repeal the section.
13
6 Subsections 37(2) and (3)
14
Repeal the subsections.
15
7 Section 40 (after table item 3)
16
Insert:
17
3A
Expenses of certain applicants related to
trade with USA, Canada or European
Union Member States
43A
8 After section 43
18
Insert:
19
43A Expenses of certain applicants related to trade with USA,
20
Canada or European Union Member States
21
Expenses of an applicant are excluded if:
22
Schedule 1 Amendments
Part 1 Amendments commencing on Royal Assent
4 Export Market Development Grants Amendment Bill 2013 No. , 2013
(a) the applicant is a grantee in respect of 5 or more previous
1
grant years; and
2
(b) the applicant is not an approved body; and
3
(c) the expenses were incurred in respect of an eligible
4
promotional activity related to trade with the United States of
5
America, Canada or a Member State of the European Union.
6
9 Paragraph 58(2)(a)
7
Repeal the paragraph, substitute:
8
(a) is paid off by the applicant, either directly or by credit card;
9
or
10
10 After subsection 72(2B)
11
Insert:
12
(2C) If an export market development grants consultant (the EMDG
13
consultant) prepared, or helped to prepare, the application, the
14
CEO of Austrade may, by written notice to the applicant, ask the
15
applicant to give to the CEO a written consent of the EMDG
16
consultant to enable the CEO to obtain information to determine, in
17
accordance with guidelines determined under
18
paragraph 101(1)(bc), whether the EMDG consultant is a fit and
19
proper person.
20
11 Subsection 72(3)
21
Omit "and (2A)", substitute ", (2A) and (2C)".
22
12 After Division 2 of Part 7
23
Insert:
24
Division 2A--Fit and proper person test for export market
25
development grants consultants
26
79A Application taken not to have been made if grants consultant
27
not a fit and proper person
28
If:
29
(a) an application for a grant is made to the CEO of Austrade;
30
and
31
Amendments Schedule 1
Amendments commencing on Royal Assent Part 1
Export Market Development Grants Amendment Bill 2013 No. , 2013 5
(b) an export market development grants consultant prepared, or
1
helped to prepare, the application; and
2
(c) the CEO of Austrade forms the opinion, in accordance with
3
guidelines determined under paragraph 101(1)(bc), that the
4
export market development grants consultant is not a fit and
5
proper person;
6
the application is taken for the purposes of this Act (other than this
7
Division) not to have been made.
8
79B The CEO of Austrade must notify applicant that application
9
taken not to have been made
10
If the application is taken (under section 79A) not to have been
11
made, the CEO of Austrade must, as soon as practicable after
12
forming the opinion referred to in that section, give to the applicant
13
a written notice:
14
(a) stating that the application is taken not to have been made;
15
and
16
(b) setting out the effect of section 79C.
17
79C When applicant may make fresh application
18
(1) If an application is taken (under section 79A) not to have been
19
made, the applicant may make a fresh application under
20
subsection 70(1).
21
(2) The fresh application must be made within:
22
(a) 90 days after the applicant receives the notice referred to in
23
section 79B; or
24
(b) 5 months after the end of the grant year;
25
whichever is the later.
26
13 Section 82
27
Omit all the words after "subject to section 83,", substitute "the grant
28
becomes payable on the day the amount of the grant is determined".
29
14 After paragraph 97(1)(c)
30
Insert:
31
(caa) a decision under section 79A;
32
Schedule 1 Amendments
Part 1 Amendments commencing on Royal Assent
6 Export Market Development Grants Amendment Bill 2013 No. , 2013
15 Paragraph 101(1)(b)
1
Repeal the paragraph, substitute:
2
(b) guidelines to be complied with by the CEO in forming, for
3
the purposes of Part 5, an opinion whether a person is, or is
4
not, closely related to an applicant; and
5
16 After paragraph 101(1)(bb)
6
Insert:
7
(bc) guidelines to be complied with by the CEO in forming, for
8
the purposes of section 79A, an opinion whether an export
9
market development grants consultant is a fit and proper
10
person; and
11
17 Section 105
12
Before "The costs", insert "(1)".
13
18 Paragraph 105(b)
14
Repeal the paragraph, substitute:
15
(b) in any financial year, must not exceed the cost cap for the
16
financial year.
17
(2) The cost cap for a financial year is the amount worked out by
18
multiplying the appropriation amount for the financial year by the
19
percentage specified in a determination made, by legislative
20
instrument, by the Minister for the purposes of this subsection.
21
(3) A determination under subsection (2) may specify different
22
percentages for different financial years.
23
19 Subsection 107(1) (definition of eligible event)
24
Repeal the definition.
25
20 Subsection 107(1) (paragraph (ba) of the definition of
26
eligible products)
27
Repeal the paragraph.
28
21 Subsection 107(1) (definition of event holder)
29
Repeal the definition.
30
22 Subsection 107(1) (definition of events promoter)
31
Amendments Schedule 1
Amendments commencing on Royal Assent Part 1
Export Market Development Grants Amendment Bill 2013 No. , 2013 7
Repeal the definition.
1
23 Application and savings provisions
2
(1)
The amendments made by items 2 to 9 apply in relation to grants in
3
respect of grant years commencing on or after 1 July 2013.
4
(2)
The amendments made by items 10, 11 and 12 apply in relation to the
5
preparation of applications for grants in respect of grant years
6
commencing on or after 1 July 2013.
7
(3)
The amendment made by item 13 applies in relation to determinations
8
made on or after the commencement of this Part.
9
(4)
The amendments made by items 17 and 18 apply in relation to financial
10
years commencing on or after 1 July 2012.
11
(5)
Guidelines made for the purposes of paragraph 101(1)(b) of the Export
12
Market Development Grants Act 1997 that were in force immediately
13
before the commencement of this item have effect, after the
14
commencement of this item, as if they had been made under
15
paragraph 101(1)(b) of the Export Market Development Grants Act
16
1997 as amended by this Part.
17
Schedule 1 Amendments
Part 2 Amendments commencing on 1 July 2013
8 Export Market Development Grants Amendment Bill 2013 No. , 2013
Part 2
--
Amendments commencing on 1 July 2013
1
Export Market Development Grants Act 1997
2
24 Paragraph 6(1)(e)
3
Repeal the paragraph.
4
25 Subsection 7(1) (heading)
5
Repeal the heading, substitute:
6
Person other than trustee
7
26 Subsection 7(1)
8
Omit "an approved joint venture or".
9
27 Subsection 7(2)
10
Repeal the subsection.
11
28 Paragraph 16(1)(c)
12
Repeal the paragraph, substitute:
13
(c) in relation to a partnership--a conviction of an associate of
14
the partnership for a relevant offence.
15
29 Subsection 18(1)
16
Omit "or approved joint venture".
17
30 Paragraph 29(b)
18
Repeal the paragraph.
19
31 Paragraph 29(d)
20
Omit "(a) to (c)", substitute "(a) and (c)".
21
32 Section 40 (table item 13)
22
Repeal the item.
23
33 Section 42
24
Omit "(other than an approved joint venture)".
25
Amendments Schedule 1
Amendments commencing on 1 July 2013 Part 2
Export Market Development Grants Amendment Bill 2013 No. , 2013 9
34 Section 53
1
Repeal the section.
2
35 Paragraph 65(1)(b)
3
Omit "(other than an approved joint venture)".
4
36 Subsection 65(1) (note)
5
Omit "and approved joint venture".
6
37 Subsection 70(3) (including the note)
7
Repeal the subsection.
8
38 Section 84
9
Repeal the section.
10
39 Subsection 85A(1)
11
Omit ", or in the case of a joint venture, the nominated contact person,".
12
40 Division 1 of Part 8 (heading)
13
Repeal the heading, substitute:
14
Division 1--Approved bodies
15
41 Subsection 88(2)
16
Repeal the subsection.
17
42 Subsection 89(1)
18
Omit "Subject to section 92, the", substitute "The".
19
43 Subsection 89(3)
20
Omit "Subject to subsections (4) and (5), an", substitute "An".
21
44 Subsection 89(4) (not including the note)
22
Repeal the subsection.
23
45 Subsection 91(1)
24
Omit ", or the approval of a group of persons as a joint venture".
25
Schedule 1 Amendments
Part 2 Amendments commencing on 1 July 2013
10 Export Market Development Grants Amendment Bill 2013 No. , 2013
46 Paragraph 91(1)(a)
1
Omit ", or in the case of an approved joint venture, to the nominated
2
contact member,".
3
47 Paragraph 91(1)(b)
4
Omit "or member".
5
48 Section 92
6
Repeal the section.
7
49 Paragraphs 97(1)(f) and (i)
8
Repeal the paragraphs.
9
50 Subparagraph 101(1)(c)(ii)
10
Repeal the subparagraph.
11
51 Paragraph 106(2)(a)
12
Omit "joint ventures and".
13
52 Subsection 107(1) (definition of approved activity, project
14
or purpose)
15
Repeal the definition.
16
53 Subsection 107(1) (definition of approved joint venture)
17
Repeal the definition.
18
54 Subsection 107(1) (subparagraph (d)(ii) of the definition of
19
associate)
20
Omit "the partnership; or", substitute "the partnership.".
21
55 Subsection 107(1) (paragraph (e) of the definition of
22
associate)
23
Repeal the paragraph.
24
56 Subsection 107(1) (definition of nominated contact
25
member)
26
Repeal the definition.
27
Amendments Schedule 1
Amendments commencing on 1 July 2013 Part 2
Export Market Development Grants Amendment Bill 2013 No. , 2013 11
57 Subsection 107(1) (definition of person)
1
Omit "and an approved joint venture".
2
58 Application of amendments
3
(1)
Despite the amendments made by this Part (other than item 41), the
4
Export Market Development Grants Act 1997 continues to apply, in
5
relation to joint ventures approved by the CEO of Austrade under
6
section 89 of that Act before the commencement of this Part, as if the
7
amendments had not been made.
8
(2)
Despite the amendments made by this Part, if:
9
(a) an application for approval as a joint venture was made under
10
section 88 of the Export Market Development Grants Act
11
1997 before this Part commences; and
12
(b) the application has not been decided immediately before that
13
commencement;
14
the CEO of Austrade is taken, on that commencement, to have
15
decided not to approve the application.
16
(3)
The amendment made by item 49 does not affect a refusal of an
17
application for approval as a joint venture made before the
18
commencement of that item.
19