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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Export Market Development Grants
Amendment Bill 2014
No. , 2014
(Trade and Investment)
A Bill for an Act to amend the Export Market
Development Grants Act 1997, and for related
purposes
No. , 2014
Export Market Development Grants Amendment Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Export Market Development Grants Act 1997
3
No. , 2014
Export Market Development Grants Amendment Bill 2014
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 2014.
7
2 Commencement
8
This Act commences on the day this Act receives the Royal
9
Assent.
10
2
Export Market Development Grants Amendment Bill 2014
No. , 2014
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repealed as set out in the applicable items in the Schedule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
Amendments Schedule 1
No. , 2014
Export Market Development Grants Amendment Bill 2014
3
Schedule 1
--
Amendments
1
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 Paragraphs 7(1)(c) and (4)(b)
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Omit "7 or more", substitute "8 or more".
7
3 Paragraph 29(d)
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Omit "$20,000", substitute "$15,000".
9
4 Subsection 63(1)
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Omit "$5,000", substitute "$2,500".
11
5 Application of amendments
12
The amendments made by items 2 to 4 apply in relation to applications
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for grants in respect of the grant year that began on 1 July 2013, and
14
later grant years.
15
6 After Division 2 of Part 7
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Insert:
17
Division 2A--Fit and proper person test for export market
18
development grants consultants
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79A Fit and proper person test--excluded consultants
20
(1) The CEO of Austrade may, in accordance with the guidelines
21
determined under paragraph 101(1)(bab), determine, in writing,
22
that a person is an excluded consultant for the purposes of this Act
23
if:
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(a) the person is, or has been, an export market development
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grants consultant or an associate of an export market
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development grants consultant; and
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Schedule 1 Amendments
4
Export Market Development Grants Amendment Bill 2014
No. , 2014
(b) the CEO has formed the opinion, in accordance with the
1
guidelines, that the person, or an associate of the person, is
2
not a fit and proper person.
3
Note:
For revocation of a determination that a person is an excluded
4
consultant, see section 79E.
5
(2) The CEO of Austrade may, by written notice given to a person
6
referred to in paragraph (1)(a), ask the person to:
7
(a) give the CEO specified information; or
8
(b) make available to the CEO specified books, records or
9
documents; or
10
(c) give the CEO a written consent (whether of the person or of
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any associate of the person) to enable the CEO to obtain
12
information;
13
for the purpose of deciding whether to make a determination under
14
subsection (1) in respect of the person.
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(3) Without limiting paragraph 101(1)(bab), the guidelines determined
16
under that paragraph may provide for the CEO of Austrade to have
17
regard to a person's failure to comply with a request under
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subsection (2) of this section in deciding whether to make a
19
determination under subsection (1) in respect of the person.
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(4) In this section:
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associate means a person who is determined to be an associate in
22
accordance with the guidelines determined under
23
paragraph 101(1)(bab).
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79B Rejection of application prepared by, or with the help of, an
25
excluded consultant
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(1) The CEO of Austrade must reject an application for a grant if the
27
CEO becomes aware, at any time before the CEO determines
28
whether the applicant is entitled to the grant, that a person who
29
prepared, or helped to prepare, the application:
30
(a) was, at the time when the application was made, an excluded
31
consultant; or
32
(b) became an excluded consultant at any time during the period
33
beginning when the application was made and ending
34
immediately before the CEO determines whether the
35
applicant is entitled to a grant.
36
Amendments Schedule 1
No. , 2014
Export Market Development Grants Amendment Bill 2014
5
(2) If the CEO of Austrade rejects an application under subsection (1),
1
the application is taken, for the purposes of this Act (other than this
2
Division), not to have been made.
3
79C The CEO of Austrade must notify applicant of rejection
4
If the CEO of Austrade rejects an application for a grant under
5
section 79B, the CEO must, as soon as practicable, give the
6
applicant a written notice:
7
(a) stating that the application has been rejected; and
8
(b) setting out the effect of section 79D.
9
79D When applicant may make fresh application
10
(1) If the CEO of Austrade rejects an application under section 79B,
11
the applicant may make a fresh application under subsection 70(1).
12
(2) The fresh application must be made within:
13
(a) 90 days after the applicant receives the notice referred to in
14
section 79C; or
15
(b) 5 months after the end of the grant year;
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whichever is the later.
17
79E Excluded consultant may apply for revocation of determination
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(1) An excluded consultant may apply, in writing, to the CEO of
19
Austrade for the CEO to revoke the determination made under
20
subsection 79A(1) in relation to the excluded consultant.
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(2) The CEO of Austrade must revoke a determination made under
22
subsection 79A(1) in relation to an excluded consultant if:
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(a) the excluded consultant has made an application under
24
subsection (1) of this section; and
25
(b) the CEO is satisfied that the circumstances that resulted in
26
the determination being made no longer exist; and
27
(c) the CEO is not aware of any other reason for the
28
determination to remain in force.
29
(3) A determination made under subsection 79A(1) can only be
30
revoked under this section.
31
Schedule 1 Amendments
6
Export Market Development Grants Amendment Bill 2014
No. , 2014
7 Section 82
1
Omit all the words from and including "the grant becomes payable" to
2
and including "the grant is determined", substitute "the grant becomes
3
payable on the day the amount of the grant is determined".
4
8 After paragraph 97(1)(c)
5
Insert:
6
(caa) a decision under Division 2A of Part 7 (excluded
7
consultants);
8
9 After paragraph 101(1)(baa)
9
Insert:
10
(bab) guidelines to be complied with by the CEO in making a
11
decision for the purposes of subsection 79A(1) (which deals
12
with excluded consultants); and
13
10 Subsection 107(1)
14
Insert:
15
excluded consultant: a person is an excluded consultant if a
16
determination under subsection 79A(1) that the person is an
17
excluded consultant is in force.
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