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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Export Market Development Grants
Legislation Amendment Bill 2020
No. , 2020
(Foreign Affairs and Trade)
A Bill for an Act to amend legislation in relation to
export market development grants, and for related
purposes
No. , 2020
Export Market Development Grants Legislation Amendment Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Main amendments
3
Part 1--Amendments
3
Australian Trade and Investment Commission Act 1985
3
Export Market Development Grants Act 1997
4
Part 2--Application, saving and transitional provisions
19
Schedule 2--Administration costs
20
Export Market Development Grants Act 1997
20
No. , 2020
Export Market Development Grants Legislation Amendment Bill 2020
1
A Bill for an Act to amend legislation in relation to
1
export market development grants, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Export Market Development Grants Legislation
6
Amendment Act 2020
.
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 Legislation Amendment Bill 2020
No. , 2020
Commencement information
Column 1
Column 2
Column 3
Provisions
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
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 2
The day after this Act receives the Royal
Assent.
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 Schedules
7
Legislation 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
Main amendments
Schedule 1
Amendments
Part 1
No. , 2020
Export Market Development Grants Legislation Amendment Bill 2020
3
Schedule 1--Main amendments
1
Part 1--Amendments
2
Australian Trade and Investment Commission Act 1985
3
1 Subsection 10(3)
4
Omit "claim or application for a grant or other benefit", substitute
5
"application, grant agreement or grant".
6
2 Subsection 10(4)
7
Repeal the subsection, substitute:
8
(4) A direction given by the Minister under subsection (1) must not
9
prejudicially affect an application made, or grant agreement
10
entered into, under the
Export Market Development Grants Act
11
1997
.
12
3 Section 90
13
Repeal the section, substitute:
14
90 Delegations by Minister and CEO
15
(1) The Minister may, in writing, delegate all or any of the Minister's
16
functions or powers under this Act, other than the Minister's
17
powers under sections 65 and 66, to the CEO.
18
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
19
provisions relating to delegations.
20
(2) The CEO may, in writing, delegate all or any of the CEO's
21
functions or powers under this Act to a member of the staff of the
22
Commission referred to in section 60.
23
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
24
provisions relating to delegations.
25
(3) The CEO may, in writing, delegate all or any of the CEO's
26
functions or powers under the
Export Market Development Grants
27
Act 1997
, or the rules made under that Act, to:
28
(a) a member of the staff of the Commission referred to in
29
section 60 of this Act; or
30
Schedule 1
Main amendments
Part 1
Amendments
4
Export Market Development Grants Legislation Amendment Bill 2020
No. , 2020
(b) an APS employee in a non-corporate Commonwealth entity
1
(within the meaning of the
Public Governance, Performance
2
and Accountability Act 2013
) who holds or performs the
3
duties of an Executive Level 1 position, or an equivalent or
4
higher position.
5
Note:
Sections 34AA to 34A of the
Acts Interpretation Act 1901
contain
6
provisions relating to delegations.
7
(4) In performing a delegated function or exercising a delegated
8
power, the delegate must comply with any written directions of the
9
person who delegated the function or power.
10
Export Market Development Grants Act 1997
11
4 Section 3
12
Repeal the section, substitute:
13
3 Object of Act
14
The object of this Act is to bring benefits to Australia by
15
encouraging the creation, development and expansion of foreign
16
markets for Australian products. This is done by providing targeted
17
financial assistance, for promotional activities and development of
18
marketing skills, to Australian small and medium enterprises and
19
their representative organisations.
20
4 Simplified outline of this Act
21
The CEO of Austrade may, on behalf of the Commonwealth, make
22
grants to eligible persons to meet their eligible expenses in relation
23
to eligible products.
24
To be eligible for a grant, a person must be Australian, and (in
25
most cases) be ready to export, or already exporting, products of
26
substantially Australian origin. The person must also meet any
27
other conditions specified in rules made by the Minister.
28
Grants are paid in accordance with a grant agreement between the
29
CEO of Austrade and a grantee. A grantee must spend the grant
30
money, as well as at least a matching amount of their own money,
31
on eligible expenses in relation to eligible products.
32
Main amendments
Schedule 1
Amendments
Part 1
No. , 2020
Export Market Development Grants Legislation Amendment Bill 2020
5
The CEO has powers to require information and documents from
1
grantees and others.
2
5 Definitions
3
In this Act:
4
applicable percentage
has the meaning given by
5
subsection 105(3).
6
Austrade
means the body continued in existence by section 7 of
7
the
Australian Trade and Investment Commission Act 1985
.
8
Australian law
means a law of the Commonwealth, of a State or of
9
a Territory.
10
CEO of Austrade
means the Chief Executive Officer of Austrade
11
referred to in section 7B of the
Australian Trade and Investment
12
Commission Act 1985
.
13
eligible
for a grant means eligible under Division 3 of Part 2.
14
eligible expense
has the meaning given by section 18.
15
eligible product
has the meaning given by subsection 17(1).
16
export
means export from Australia, but does not include the
17
taking of goods out of Australia with the intention that the goods
18
will at some later time be brought back to Australia to remain
19
permanently in Australia.
20
grant
means a grant under this Act.
21
grant agreement
has the meaning given by subsection 9(1).
22
grantee
means a person who is party to a grant agreement (other
23
than the CEO of Austrade on behalf of the Commonwealth).
24
ready to export
has the meaning given by the rules.
25
relevant matter
has the meaning given by subsection 102(7).
26
reviewable decision
has the meaning given by section 97.
27
rules
means rules made under section 106.
28
Schedule 1
Main amendments
Part 1
Amendments
6
Export Market Development Grants Legislation Amendment Bill 2020
No. , 2020
5 Parts 2 to 7
1
Repeal the Parts, substitute:
2
Part 2--Grants
3
Division 1--Simplified outline of this Part
4
6 Simplified outline of this Part
5
The CEO of Austrade may, from time to time, invite persons to
6
apply for grants under this Act.
7
If the CEO is satisfied that an applicant is eligible for a grant, will
8
have eligible expenses in relation to eligible products and meets
9
any other requirements in the rules, the CEO may enter into a grant
10
agreement with the person under which the grant will be paid.
11
To be eligible for a grant, a person must be Australian and (in most
12
cases) be ready to export, or already exporting, products of
13
substantially Australian origin. The rules specify other conditions
14
that must be met.
15
A grantee must spend the grant money, as well as at least a
16
matching amount of their own money, on eligible expenses in
17
relation to eligible products.
18
The rules specify the kinds of expenses that grants are to be used
19
for. Broadly, expenses must be in respect of promotional activities
20
to market eligible products in foreign countries, or training
21
activities to develop skills in such marketing.
22
A grantee must comply with this Act and the rules, and with the
23
terms and conditions of the grant agreement.
24
The amount of a grant to be made to a grantee is determined in
25
accordance with the rules.
26
Certain decisions of the CEO are reviewable by the Administrative
27
Appeals Tribunal.
28
Main amendments
Schedule 1
Amendments
Part 1
No. , 2020
Export Market Development Grants Legislation Amendment Bill 2020
7
Division 2--Grants
1
7 Invitation to apply for grant
2
The CEO of Austrade may, from time to time, invite persons to
3
apply for grants of money under this Act for the purposes of
4
meeting eligible expenses in relation to eligible products.
5
8 Application for grant
6
(1) A person may apply, in writing, to the CEO of Austrade for a grant
7
in response to an invitation under section 7.
8
(2) If the rules prescribe requirements in relation to applications, the
9
application must comply with the requirements.
10
9 Grant agreement
11
(1) If:
12
(a) a person applies for a grant in accordance with section 8; and
13
(b) the CEO of Austrade is satisfied that:
14
(i) the person is eligible for a grant; and
15
(ii) the person will have eligible expenses in relation to
16
eligible products during the term of the agreement; and
17
(iii) any other requirements prescribed by the rules for the
18
purposes of this subparagraph are met in relation to the
19
application;
20
the CEO may, on behalf of the Commonwealth, enter into an
21
agreement (a
grant agreement
) with the person for the making of a
22
grant to the person for the purposes of meeting eligible expenses of
23
the person in relation to eligible products.
24
Note:
A decision of the CEO not to enter into a grant agreement with a
25
person is reviewable under Division 7.
26
(2) The grant agreement must:
27
(a) be in the form (if any) prescribed by the rules; and
28
(b) be for a period that complies with any requirements
29
prescribed by the rules for the purposes of this paragraph;
30
and
31
(c) comply with any other requirements prescribed by the rules
32
for the purposes of this paragraph.
33
Schedule 1
Main amendments
Part 1
Amendments
8
Export Market Development Grants Legislation Amendment Bill 2020
No. , 2020
10 Terms and conditions of grant
1
(1) A grantee must comply with this Act and the rules and with any
2
other terms and conditions specified in the grant agreement.
3
(2) The grant agreement must include terms and conditions that:
4
(a) have the effect of requiring the grantee to spend the grant
5
money, as well as at least a matching amount of the grantee's
6
own money, on eligible expenses of the grantee in relation to
7
eligible products; and
8
(b) provide for:
9
(i) circumstances in which the grantee must repay amounts
10
to the Commonwealth; and
11
(ii) any other matters prescribed by the rules for the
12
purposes of this paragraph.
13
Note:
An amount repayable to the Commonwealth as mentioned in
14
subparagraph (2)(b)(i) would be a debt due to the Commonwealth.
15
(3) Subsection (2) does not limit the terms and conditions that may be
16
specified in the grant agreement.
17
11 Payment of grant
18
(1) A grant, or instalment of a grant, is payable to a person, at a time or
19
in relation to a period, if:
20
(a) the grant agreement to which the person is party provides for
21
the payment of the grant or instalment at the time or in
22
relation to the period; and
23
(b) the CEO of Austrade is satisfied that, at the time or in
24
relation to the period, the person:
25
(i) is eligible for a grant; and
26
(ii) has had or will have eligible expenses in relation to
27
eligible products; and
28
(c) the CEO is satisfied that any other requirements prescribed
29
by the rules for the purposes of this paragraph are met in
30
relation to the payment of the grant or instalment.
31
Note:
The amount of a grant is determined in accordance with Division 6.
32
(2) The CEO must, on behalf of the Commonwealth, pay to the person
33
a grant or instalment payable to the person under subsection (1).
34
Main amendments
Schedule 1
Amendments
Part 1
No. , 2020
Export Market Development Grants Legislation Amendment Bill 2020
9
(3) Subsections (1) and (2) have effect subject to this Act and the
1
rules, and the terms and conditions of the grant agreement.
2
Note:
For example, a grant or instalment may not be payable if the person
3
fails to comply with a requirement to give information under Part 3
4
(information gathering powers).
5
12 CEO of Austrade has powers etc. of the Commonwealth
6
(1) The CEO of Austrade, on behalf of the Commonwealth, has all the
7
rights, responsibilities, duties and powers of the Commonwealth in
8
relation to the Commonwealth's capacity as the grantor of a grant
9
under this Act.
10
(2) Without limiting subsection (1):
11
(a) an amount payable to the Commonwealth by way of the
12
repayment of the whole or a part of a grant is to be paid to the
13
CEO on behalf of the Commonwealth; and
14
(b) the CEO may institute an action or proceeding on behalf of
15
the Commonwealth in relation to a matter that concerns a
16
grant.
17
13 Conferral of powers on CEO of Austrade
18
The CEO of Austrade may exercise a power conferred on the CEO
19
by a grant agreement.
20
14 Executive power of the Commonwealth
21
This Part does not, by implication, limit the executive power of the
22
Commonwealth.
23
Division 3--Eligibility for grant
24
15 Eligible kinds of persons
25
A person of any of the following kinds is eligible for a grant if the
26
person also satisfies the conditions set out in section 16:
27
(a) an individual who is Australian within the meaning of the
28
rules;
29
(b) a body incorporated under the
Corporations Act 2001
;
30
Schedule 1
Main amendments
Part 1
Amendments
10
Export Market Development Grants Legislation Amendment Bill 2020
No. , 2020
(c) an association, or cooperative, incorporated under an
1
Australian law;
2
(d) a partnership that is Australian within the meaning of the
3
rules;
4
(e) a trust that is Australian within the meaning of the rules;
5
(f) a body corporate established for a public purpose by or under
6
an Australian law;
7
(g) a kind of person prescribed by the rules.
8
Note:
See sections 105A and 105B in relation to the treatment of
9
partnerships and trusts.
10
16 Eligibility conditions
11
(1) To be eligible for a grant, a person of a kind mentioned in
12
section 15 must satisfy:
13
(a) the condition set out in subsection (2); and
14
(b) any other conditions prescribed by the rules.
15
(2) Unless the rules exclude the person from this subsection, the
16
person must be either:
17
(a) ready to export eligible products; or
18
(b) both:
19
(i) exporting eligible products; and
20
(ii) seeking to expand the person's export promotion
21
activity (within existing, or to new, export markets) for
22
eligible products.
23
Note:
The rules define
ready to export
.
24
(3) If the rules exclude a person from subsection (2), the rules must
25
also prescribe one or more conditions that have the effect of
26
requiring a connection between the person and the marketing of
27
eligible products in a foreign country.
28
(4) Conditions prescribed by the rules for the purposes of
29
paragraph (1)(b):
30
(a) may include a time at which, or a period during which, a
31
person must satisfy the conditions; and
32
(b) may be different for different kinds of persons.
33
Main amendments
Schedule 1
Amendments
Part 1
No. , 2020
Export Market Development Grants Legislation Amendment Bill 2020
11
Division 4--Eligible products
1
17 Eligible products
2
(1) A product prescribed by the rules, which satisfies the conditions
3
prescribed by the rules for that product, is an
eligible product
.
4
(2) Without limiting the products that may be prescribed by the rules,
5
the rules may prescribe goods, services, events, intellectual
6
property, software and know-how.
7
(3) The prescribed conditions for a product must include conditions
8
that have the effect of requiring the product to be of substantially
9
Australian origin.
10
Division 5--Eligible expenses
11
18 Eligible expenses
12
(1) The rules may prescribe an expense of a person that is an
eligible
13
expense
of the person.
14
(2) A prescribed expense of a person must be an expense of the person
15
in respect of:
16
(a) promotional activities undertaken for the purpose of
17
marketing eligible products in foreign countries; or
18
(b) training activities undertaken for the purpose of developing
19
skills in marketing eligible products in foreign countries.
20
(3) Despite subsection (1), an expense, or part of an expense, of a
21
person is not an
eligible expense
of the person if a provision of this
22
Division or the rules provides that the expense or part is excluded.
23
19 Excluded--expenses covered by other financial assistance
24
schemes
25
An expense of a person is excluded if the person has received
26
financial assistance that covers the expense under a scheme for
27
financial assistance (other than under this Act) administered by the
28
Commonwealth or a State or Territory, or an authority of the
29
Commonwealth or a State or Territory.
30
Schedule 1
Main amendments
Part 1
Amendments
12
Export Market Development Grants Legislation Amendment Bill 2020
No. , 2020
Note:
If, after a grant is paid to a person in respect of an eligible expense of
1
the person, the person receives financial assistance that covers the
2
expense under another scheme, the person may be required by the
3
rules or their grant agreement to repay the grant.
4
20 Excluded--expenses in respect of products the sale or export of
5
which would contravene Australian law
6
An expense of a person is excluded if the expense is in respect of
7
promotional or training activities related to a product the sale or
8
export of which would contravene an Australian law.
9
Division 6--Amount of grant
10
21 Amount of grant
11
(1) The CEO of Austrade must determine the amount of a grant to be
12
made to a person in accordance with the method prescribed by the
13
rules.
14
(2) The rules may prescribe different methods for different
15
circumstances.
16
(3) Rules made for the purposes of subsection (1) may apply in
17
relation to grants, or instalments of grants, payable after the rules
18
commence, including under a grant agreement in effect at the time
19
the rules commence.
20
6 Part 8 (heading)
21
Repeal the heading.
22
7 Divisions 1, 2 and 3 of Part 8
23
Repeal the Divisions.
24
8 Division 4 of Part 8 (heading)
25
Repeal the heading, substitute:
26
Division 7--Review of decisions
27
9 Section 97
28
Repeal the section, substitute:
29
Main amendments
Schedule 1
Amendments
Part 1
No. , 2020
Export Market Development Grants Legislation Amendment Bill 2020
13
97 Reviewable decisions
1
Each of the following decisions of the CEO of Austrade is a
2
reviewable decision
:
3
(a) a decision under subsection 9(1) not to enter into a grant
4
agreement with a person;
5
(b) a decision under paragraph 11(1)(b) that a person is not
6
eligible for a grant, or has not had or will not have eligible
7
expenses in relation to eligible products;
8
(c) a decision under paragraph 11(1)(c) that a requirement
9
prescribed by the rules for the purposes of that paragraph is
10
not met in relation to the payment of a grant or instalment;
11
(d) a decision prescribed by the rules for the purposes of this
12
paragraph.
13
10 Divisions 5, 6 and 8 of Part 8
14
Repeal the Divisions, substitute:
15
Part 3--Information gathering powers
16
17
100 Simplified outline of this Part
18
The CEO of Austrade may require applicants and grantees to
19
provide the CEO with information or documents. Grantees may
20
also be required to give the CEO statements from time to time in
21
relation to relevant matters.
22
Failure to comply may result in an application not being dealt with,
23
or a grant or instalment not being paid. The provision of false or
24
misleading information may be an offence against Chapter 7 of the
25
Criminal Code
(the proper administration of Government).
26
101 CEO of Austrade may require applicants to give the CEO
27
information or documents
28
(1) The CEO of Austrade may, by written notice given to an applicant
29
for a grant, require the applicant to give the CEO specified
30
information, or produce specified documents, for the purposes of
31
Schedule 1
Main amendments
Part 1
Amendments
14
Export Market Development Grants Legislation Amendment Bill 2020
No. , 2020
determining whether to enter into a grant agreement with the
1
applicant.
2
(2) The notice must specify the day by which the information is to be
3
given or the documents produced (which must be at least 14 days
4
after the day the notice is given to the applicant).
5
(3) The CEO is not required to deal with an application if the applicant
6
fails to comply with the notice by the specified date, or any later
7
date agreed to by the CEO.
8
102 CEO of Austrade may require grantees to give the CEO
9
information or documents, or statements
10
Information or documents
11
(1) The CEO of Austrade may, by written notice given to a grantee,
12
require the grantee to give the CEO specified information, or
13
produce specified documents, for the purposes of satisfying the
14
CEO about a relevant matter in relation to the grant.
15
(2) A notice under subsection (1) must specify the day by which the
16
information is to be given or the documents produced (which must
17
be at least 14 days after the day the notice is given to the grantee).
18
(3) If:
19
(a) a grantee is required by a notice under subsection (1) to give
20
the CEO information or produce a document; and
21
(b) the grantee does not do so by the specified date, or by any
22
later date agreed to by the CEO;
23
the CEO must not pay a grant, or any instalment of a grant, to the
24
grantee.
25
Statements
26
(4) The CEO of Austrade may, by written notice given to a grantee,
27
require the grantee to give the CEO one or more statements
28
informing the CEO about specified relevant matters in relation to a
29
specified grant, or specified instalment of a grant, to the grantee.
30
(5) A notice under subsection (4) must specify when the statement or
31
each statement is to be given (which, for the statement or the first
32
Main amendments
Schedule 1
Amendments
Part 1
No. , 2020
Export Market Development Grants Legislation Amendment Bill 2020
15
statement, must be at least 14 days after the day the notice is given
1
to the grantee).
2
(6) If:
3
(a) a grantee is required by a notice under subsection (4) to give
4
the CEO a statement in relation to a specified grant, or
5
specified instalment of a grant; and
6
(b) the grantee does not do so when required, or as otherwise
7
agreed to by the CEO;
8
the CEO must not pay the grant, or the instalment, to the grantee.
9
Relevant matters
10
(7) A
relevant matter
is any of the following:
11
(a) whether a grantee is eligible for a grant, or has had or will
12
have eligible expenses in relation to eligible products;
13
(b) whether grant money is used to meet agreed eligible expenses
14
of a grantee in relation to eligible products;
15
(c) whether a grantee is otherwise complying with this Act, the
16
rules and the grant agreement.
17
103 Part does not limit other powers
18
This Part does not limit the making of rules, or the inclusion of
19
terms and conditions in a grant agreement, requiring information or
20
statements to be given or documents produced.
21
11 Division 9 of Part 8 (heading)
22
Repeal the heading, substitute:
23
Part 4--Miscellaneous
24
25
104 Simplified outline of this Part
26
This Part deals with the following miscellaneous matters:
27
(a)
a cap on administration costs;
28
(b)
treatment of partnerships and trusts;
29
(c)
the making of rules by the Minister;
30
Schedule 1
Main amendments
Part 1
Amendments
16
Export Market Development Grants Legislation Amendment Bill 2020
No. , 2020
(d)
regular reviews of the assistance scheme provided for by
1
this Act.
2
12 Section 106
3
Repeal the section, substitute:
4
105A Treatment of partnerships
5
(1) This Act applies to a partnership as if it were a person, but with the
6
changes set out in this section.
7
(2) An obligation that would otherwise be imposed on the partnership
8
by this Act is imposed on each partner instead, but may be
9
discharged by any of the partners.
10
(3) An offence against Chapter 7 of the
Criminal Code
in relation to
11
this Act that would otherwise have been committed by the
12
partnership is taken to have been committed by each partner in the
13
partnership, at the time the offence was committed, who:
14
(a) did the relevant act or made the relevant omission; or
15
(b) aided, abetted, counselled or procured the relevant act or
16
omission; or
17
(c) was in any way knowingly concerned in, or party to, the
18
relevant act or omission (whether directly or indirectly and
19
whether by any act or omission of the partner).
20
(4) For the purposes of this Act, a change in the composition of a
21
partnership does not affect the continuity of the partnership.
22
(5) A reference in this section to this Act includes a reference to the
23
rules.
24
105B Treatment of trusts
25
(1) This Act applies to a trust as if it were a person, but with the
26
changes set out in this section.
27
(2) If the trust has a single trustee:
28
(a) an obligation that would otherwise be imposed on the trust by
29
this Act is imposed on the trustee instead; and
30
Main amendments
Schedule 1
Amendments
Part 1
No. , 2020
Export Market Development Grants Legislation Amendment Bill 2020
17
(b) an offence against Chapter 7 of the
Criminal Code
in relation
1
to this Act that would otherwise have been committed by the
2
trust is taken to have been committed by the trustee.
3
(3) If the trust has 2 or more trustees:
4
(a) an obligation that would otherwise be imposed on the trust by
5
this Act is imposed on each trustee instead, but may be
6
discharged by any of the trustees; and
7
(b) an offence against Chapter 7 of the
Criminal Code
in relation
8
to this Act that would otherwise have been committed by the
9
trust is taken to have been committed by each trustee of the
10
trust, at the time the offence was committed, who:
11
(i) did the relevant act or made the relevant omission; or
12
(ii) aided, abetted, counselled or procured the relevant act or
13
omission; or
14
(iii) was in any way knowingly concerned in, or party to, the
15
relevant act or omission (whether directly or indirectly
16
and whether by any act or omission of the trustee).
17
(4) A reference in this section to this Act includes a reference to the
18
rules.
19
106 Rules
20
(1) The Minister may, by legislative instrument, make rules
21
prescribing matters:
22
(a) required or permitted by this Act to be prescribed by the
23
rules; or
24
(b) necessary or convenient to be prescribed for carrying out or
25
giving effect to this Act.
26
(2) The rules may make provision for any matter by reference to a
27
decision of the CEO of Austrade.
28
(3) To avoid doubt, the rules may not do the following:
29
(a) create an offence or civil penalty;
30
(b) provide powers of:
31
(i) arrest or detention; or
32
(ii) entry, search or seizure;
33
(c) impose a tax;
34
Schedule 1
Main amendments
Part 1
Amendments
18
Export Market Development Grants Legislation Amendment Bill 2020
No. , 2020
(d) set an amount to be appropriated from the Consolidated
1
Revenue Fund under an appropriation in this Act;
2
(e) directly amend the text of this Act.
3
13 Subsections 106A(1A) and (1B)
4
Repeal the subsections, substitute:
5
(1A) The first review must be completed, and a written report given to
6
the Minister, by a date determined by the Minister that is no later
7
than the fifth anniversary of the commencement of Schedule 1 to
8
the
Export Market Development Grants Legislation Amendment
9
Act 2020
.
10
(1B) Each subsequent review must be completed, and a written report
11
given to the Minister, by a date determined by the Minister that is
12
no later than 5 years after the completion of the previous review.
13
14 Part 9
14
Repeal the Part.
15
Main amendments
Schedule 1
Application, saving and transitional provisions
Part 2
No. , 2020
Export Market Development Grants Legislation Amendment Bill 2020
19
Part 2--Application, saving and transitional
1
provisions
2
15 Application and transitional provisions
3
Continued application of Acts as previously in force
4
(1)
Despite the amendments made by this Schedule, the
Export Market
5
Development Grants Act 1997
(the
EMDG Act
), and the
Australian
6
Trade and Investment Commission Act 1985
, as in force immediately
7
before this item commences, continue in force in relation to grants in
8
respect of grant years ending on 30 June 2021 or earlier.
9
Application of EMDG Act as amended
10
(2)
The CEO of Austrade must not, before 1 July 2021, pay a grant in
11
accordance with the EMDG Act as amended by this Schedule, but may
12
otherwise perform functions and exercise powers under the EMDG Act
13
as amended by this Schedule at any time after this item commences.
14
16 Saving provisions
15
(1)
A delegation under paragraph 90(1)(a) of the
Australian Trade and
16
Investment Commission Act 1985
that is in force immediately before
17
this item commences continues in force (and may be dealt with) as if
18
the delegation had been made under subsection 90(1) of that Act as
19
amended by this Schedule.
20
(2)
A delegation under subsection 90(2) of the
Australian Trade and
21
Investment Commission Act 1985
, of a function or power of the CEO
22
under that Act, that is in force immediately before this item commences
23
continues in force (and may be dealt with) as if the delegation had been
24
made under subsection 90(2) of that Act as amended by this Schedule.
25
Schedule 2
Administration costs
20
Export Market Development Grants Legislation Amendment Bill 2020
No. , 2020
Schedule 2--Administration costs
1
2
Export Market Development Grants Act 1997
3
1 Subsections 105(1) and (2)
4
Omit "5%", substitute "the applicable percentage".
5
2 At the end of section 105
6
Add:
7
(3) The
applicable percentage
is the following:
8
(a) for the financial year ending on 30 June 2021--7.5%;
9
(b) for the financial year ending on 30 June 2022--7%;
10
(c) for a financial year ending on or after 30 June 2023--5%.
11
3 Subsection 107(1)
12
Insert:
13
applicable percentage
has the meaning given by
14
subsection 105(3).
15