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TRADE LEGISLATION AMENDMENT ACT (NO. 1) 2016 (NO. 31, 2016) - SCHEDULE 1

Export Market Development Grants

   

Export Market Development Grants Act 1997

1  Subsection 33(2) (table item 3)

Repeal the item.

2  Subsection 33(2) (at the end of the cell at table item 4, column 3)

Add "up to any applicable limit for the applicant in relation to a grant year".

3  Subsection 33(2) (table item 6, column 2)

After "material", insert "(whether the literature or material is in electronic form or any other form)".

4  At the end of section 33

Add:

             (4)  If an applicant in relation to a grant year was a grantee in respect of any previous grant year, the applicable limit for the applicant is $15,000 for that grant year.

             (5)  If:

                     (a)  an applicant in relation to a grant year was not a grantee in respect of any previous grant year; and

                     (b)  the immediately preceding financial year is not the financial year commencing on 1 July 2015;

the applicable limit for the applicant is $15,000 for that grant year and that immediately preceding financial year.

Note:          If the immediately preceding financial year is the financial year commencing on 1 July 2015, then there is no applicable limit for the applicant for the grant year.

5  Subsection 34(3)

Repeal the subsection.

6  Paragraph 34(4)(a)

Omit "$300", substitute "$350".

7  Section 40 (at the end of the table)

Add:

20

Expenses relating to things that may have had a detrimental impact on Australia's trade reputation

57C

8  At the end of Subdivision 4 of Division 2 of Part 5

Add:

57C   Expenses relating to things that may have had a detrimental impact on Australia's trade reputation

                   Expenses of an applicant in respect of an eligible promotional activity carried out for an approved promotional purpose are excluded if the CEO of Austrade considers that:

                     (a)  the activity may have had, or the activity involved a thing that may have had, a detrimental impact on Australia's trade reputation; or

                     (b)  the purpose relates to an eligible product that may have had a detrimental impact on Australia's trade reputation.

9  Subsection 63(1)

Omit "(2),".

10  Subsection 63(2)

Repeal the subsection.

11  Paragraph 63(3)(e)

Omit "or (2) (as the case may be)".

12  Section 105

Repeal the section, substitute:

105   Administration costs

             (1)  In any financial year, no more than 5% of the money appropriated (the appropriated amount ) by the Parliament for the purposes of making payments under this Act is to be applied in payment of the costs of the administration of this Act.

             (2)  To avoid doubt, if the costs of the administration of this Act for a financial year exceed 5% of the appropriated amount for that year, the excess costs are to be paid otherwise than out of the appropriated amount.

13  Subsection 106A(1)

Repeal the subsection, substitute:

             (1)  The Minister must cause an independent review of the assistance scheme provided for by this Act to be conducted in accordance with subsections (1A) and (1B).

          (1A)  The first review must be completed, and a written report given to the Minister, by a date determined by the Minister that is not later than 31 December 2021.

          (1B)  Each later review must be completed, and a written report given to the Minister, by a date determined by the Minister.

14  Subsection 106A(3)

Repeal the subsection.

15  Subsection 107(1)

Insert:

"applicable limit " has the meaning given by subsections 33(4) and (5).

16  Subsection 107(1) (paragraph (a) of the definition of grant year )

Repeal the paragraph, substitute:

                     (a)  the financial year commencing on 1 July 1996 or a later financial year; or

17  Application provision

The amendments of the Export Market Development Grants Act 1997 made by items 1 to 11 of this Schedule apply in relation to grants in respect of a grant year commencing on or after 1 July 2016.



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