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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
As read a third
time
Industry,
Tourism and Resources Legislation Amendment Bill
2003
No. ,
2003
A Bill for an Act to
amend and repeal legislation relating to industry, tourism and resources, and
for related purposes
Contents
ACIS Administration Act
1999 4
Aluminium Industry Act
1960 6
Bounty (Computers) Act
1984 6
Bounty (Ships) Act
1989 6
Management and Investment Companies Act
1983 8
Petroleum (Submerged Lands) Legislation Amendment Act
2001 8
Pooled Development Funds Act
1992 8
States Grants (Petroleum Products) Act
1965 9
Trade Practices Act
1974 10
THIS Bill originated in the House of Representatives; and,
having this day passed, is now ready for presentation to the Senate for its
concurrence.
I.C. HARRIS
Clerk
of the House of Representatives
House of Representatives
26 March
2003
A Bill for an Act to amend and repeal legislation
relating to industry, tourism and resources, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Industry, Tourism and Resources
Legislation Amendment Act 2003.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
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 on which this Act receives the Royal Assent |
|
|
2. Schedule 1, items 1 to 10 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
|
3. Schedule 1, item 11 |
The day after this Act receives the Royal Assent |
|
|
4. Schedule 1, item 12 |
1 July 1999 |
|
|
4A. Schedule 1, items 12A to 12F |
The day after this Act receives the Royal Assent |
|
|
5. Schedule 1, item 13 |
The day after this Act receives the Royal Assent |
|
|
6. Schedule 1, item 14 |
Immediately after the time specified in the Petroleum (Submerged Lands)
Legislation Amendment Act 2001 for the commencement of item 17 of
Schedule 1 to that Act |
|
|
7. Schedule 1, items 15 to 29 |
The day after this Act receives the Royal Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If a provision covered by item 2 of the table does not commence
within the period of 6 months beginning on the day on which this Act receives
the Royal Assent, it commences on the first day after the end of that
period.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 4(1)
Omit “used to offset customs duty payable on”, substitute
“applied against customs duty payable, or paid, on”.
2 Subsection 4(1)
After “Tariff”, insert “and section 75A of this
Act”.
3 After paragraph 4(10)(b)
Insert:
(ba) applied against an earlier payment of duty on such eligible imports
(Part 7); or
4 Subsection 6(1) (definition of eligible
imports)
Repeal the definition, substitute:
eligible imports means:
(a) goods described in column 2 of item 41E of Schedule 4 to the
Tariff; or
(b) goods that would have been goods so described if their importation had
been by a person who owned and applied duty credits as mentioned in that column
of that item.
5 After paragraph 66(a)
Insert:
(aa) when the person applies duty credit in accordance with
section 75A against an earlier payment of duty on the importation of
eligible imports;
6 Section 74
Repeal the section, substitute:
This Part provides that duty credit:
(a) is transferable (Division 2); and
(b) may be applied against previously paid duty (Division 2A);
and
(c) may be subject to limited use restrictions
(Division 3).
7 After Division 2 of
Part 7
Insert:
(1) A person can apply duty credit the person owns against duty that the
person has already paid if that duty was paid in respect of the importation, on
or after 1 January 2001, of eligible imports.
Note: The purpose of applying duty credit in this way is to
get a refund (equal to the amount of duty credit applied) of duty that has
already been paid. For provisions about refunds, see the regulations made for
the purposes of section 163 of the Customs Act
1901.
(2) An application of duty credit under subsection (1) can only be
made by notifying the Secretary. The notification must:
(a) be in writing; and
(b) be in the approved form; and
(c) contain such information as the form requires; and
(d) be signed in the manner indicated in the form; and
(e) comply with any other applicable requirements specified in regulations
made for the purposes of this paragraph.
8 After paragraph 76(1)(c)
Insert:
(ca) by applying it in accordance with section 75A against an earlier
payment of duty on the importation of eligible imports; or
9 After paragraph 77(1)(c)
Insert:
(ca) by applying it in accordance with section 75A against an earlier
payment of duty on the importation of eligible imports; or
10 At the end of subsection
115(2)
Add “or paragraph 66(aa) (when duty credit is applied against
previously paid duty)”.
11 The whole of the Act
Repeal the Act.
12 Subsection 3(1) (definition of operating
software)
Omit “the Standards Association of Australia”, substitute
“Standards Australia International Limited”.
12A Subsection 12(1)
After “eligible costs bounty”, insert “, or eligible
research and development expenditure bounty,”.
12B Subsection 12(2)
After “eligible costs bounty” (first occurring), insert
“, or eligible research and development expenditure
bounty,”.
12C Subsection 12(2)
Omit “eligible costs bounty” (second occurring), substitute
“that bounty that is”.
12D Subsection 12(3)
After “eligible costs bounty” (first occurring), insert
“, or eligible research and development expenditure
bounty,”.
12E Subsection 12(3)
Omit “the eligible costs bounty”, substitute “that
bounty”.
12F Treatment of past payments purporting to be
advances on account of eligible research and development expenditure
bounty
(1) A payment that:
(a) purported to be an advance under subsection 12(1) of the Bounty
(Ships) Act 1989 (the Bounty Act) on account of eligible
research and development expenditure bounty; and
(b) was made during the period that started on 9 April 1999 and ended
on the commencement of this item;
may, to the extent that it has not already been repaid to the Commonwealth
by that commencement, be recovered by the Commonwealth from the person as a debt
due to the Commonwealth.
(2) A person to whom a payment referred to in subitem (1) was made is
entitled, on the commencement of this item, to be paid, by the Commonwealth, an
amount equal to the amount of the debt due to it by the person under
subitem (1).
(3) The Consolidated Revenue Fund is appropriated for the purpose of
payments under subitem (2).
(4) The Commonwealth may set-off the amount of a debt due to it by a person
under subitem (1) against an amount that is payable to that person under
subitem (2).
(5) Despite subitems (1) and (2), in applying subsection 12(2) or (3)
of the Bounty Act after the commencement of this item to the construction or
modification of a vessel, any payment made before that commencement in respect
of the construction or modification that purported to be an advance on account
of eligible research and development expenditure bounty is to be counted as
though it had been validly made under subsection 12(1) of that Act.
Note: A person will therefore be liable to repay to the
Commonwealth the amount of any excess of the purported advances over the amount
of eligible research and development bounty payable to the
person.
(6) This item does not, by implication, affect the recovery or set-off of
other overpayments purporting to be made under the Bounty Act.
Management and Investment
Companies Act 1983
13 The whole of the Act
Repeal the Act.
Petroleum (Submerged Lands)
Legislation Amendment Act 2001
14 Item 17 of
Schedule 1
Omit “him or make”, substitute “him or to
make”.
Pooled Development Funds
Act 1992
15 Paragraph 4A(1)(a)
Repeal the paragraph, substitute:
(a) it has 5 or more members; and
16 Certain shareholdings in PDFs do not contravene
section 31
(1) Section 31 of the Pooled Development Funds Act 1992 is
taken to have applied in relation to a PDF during the period:
(a) starting on 8 October 1999; and
(b) ending on the commencement of this item;
as if paragraph 4A(1)(a) of that Act were required to be ignored in
determining whether a fund was a widely-held complying superannuation
fund.
Note: Paragraph 4A(1)(a) would have required that the fund
not be an excluded superannuation fund (within the meaning of the
Superannuation Industry (Supervision) Act 1993).
(2) If:
(a) because of the effect of subitem (1), a person’s holding of
shares in a PDF immediately before the commencement of this item did not
contravene section 31 of the Pooled Development Funds Act 1992 as
then in force; but
(b) that holding of those shares would, but for this subitem, result in a
contravention of section 31 of that Act as it applies after the
commencement of this item;
then the following provisions have effect:
(c) subject to paragraph (e), the person’s continued holding of
those shares in the PDF after that commencement is to be disregarded when
applying section 31 of that Act as then in force to the person and the
person’s associates;
(d) if, after that commencement, any bonus shares in the PDF are issued to
the person because the person is the holder of the shares referred to in
paragraph (c), then, subject to paragraph (e), the person’s
holding of those bonus shares is to be disregarded when applying section 31
of that Act as then in force to the person and the person’s
associates;
(e) however, if, after that commencement, the person, or any of the
person’s associates, acquires additional shares in the PDF (otherwise than
as mentioned in paragraph (d)), the shares to which paragraphs (c) and
(d) apply are to be taken into account in determining whether the acquisition of
those additional shares complies with section 31 of that Act as then in
force.
States Grants (Petroleum
Products) Act 1965
17 Section 1A
Omit “Chief Executive Officer of Customs”, substitute
“Secretary of the Department”.
18 Subsection 5(2)
Omit “Chief Executive Officer of Customs” (wherever occurring),
substitute “Secretary of the Department”.
19 Paragraph 5(3)(a)
Omit “Chief Executive Officer of Customs” (wherever occurring),
substitute “Secretary of the Department”.
20 Paragraph 5(3A)(a)
Omit “Chief Executive Officer of Customs”, substitute
“Secretary of the Department”.
21 Paragraph 5(3A)(b)
Omit “Chief Executive Officer of Customs” (wherever occurring),
substitute “Secretary of the Department”.
22 Section 7
Omit “Chief Executive Officer of Customs”, substitute
“Secretary of the Department”.
23 References in scheme to Chief Executive Officer
of Customs
A reference in a scheme formulated under section 4 of the States
Grants (Petroleum Products) Act 1965 to the Chief Executive Officer of
Customs is taken, after the commencement of this item, to be a reference to the
Secretary of the Department.
24 Transitional provision—things previously
done by the Chief Executive Officer of Customs
Anything that:
(a) was done under the States Grants (Petroleum Products) Act 1965
(including under a scheme in relation to a State) by, or in relation to, the
Chief Executive Officer of Customs before the commencement of this item;
and
(b) was still in force, or having an effect, immediately before the
commencement of this item;
is taken, after that commencement, to have been done by, or in relation to,
the Secretary of the Department as if the amendments made by items 17 to 23
of this Schedule had been in force when the thing was done.
25 Section 65AA
Omit all the words from and including “paragraph 53(eb)”,
substitute “paragraph 53(a) or (eb) or paragraph 75AZC(1)(a) or (i) (which
all deal with false or misleading representations)”.
26 Sections 65AB and 65AC
Omit “paragraph 53(eb) or paragraph 75AZC(1)(i)”, substitute
“paragraph 53(a) or (eb) or paragraph 75AZC(1)(a) or (i)”.
27 Subsection 65AD(1)
Omit “paragraph 53(eb) or paragraph 75AZC(1)(i)”, substitute
“paragraph 53(a) or (eb) or paragraph 75AZC(1)(a) or (i)”.
28 Paragraph 65AN(1)(a)
Omit “paragraph 53(eb) or paragraph 75AZC(1)(i)”, substitute
“paragraph 53(a) or (eb) or paragraph 75AZC(1)(a) or (i)”.
Note: The heading to section 65AN is replaced by the
heading “Proceedings relating to false, misleading or deceptive conduct
or representations”.
29 Application of amendments
The amendments made by items 25 to 28 apply in respect of conduct
engaged in, or representations made, after those items
commence.
(152/02)