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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Export
Market Development Grants Amendment Bill
2004
No. ,
2004
(Trade)
A Bill
for an Act to amend the Export Market Development Grants Act 1997, and
for related purposes
Contents
Export Market Development Grants Act
1997 3
A Bill for an Act to amend the Export Market
Development Grants Act 1997, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Export Market Development Grants
Amendment Act 2004.
This Act commences on the day on which it receives the Royal
Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
The amendments made by Schedule 1, and any guidelines made under
paragraph 101(1)(bb) of the Export Market Development Grants Act 1997 (as
inserted by Schedule 1), apply to grants in respect of a grant year
commencing on or after 1 July 2003.
Export Market Development
Grants Act 1997
1 Diagram 1 in the Reader’s
Guide
Repeal the diagram, substitute:
Diagram 1—Is an amount of grant payable to you?
(Overview of Act)
2 After subsection 72(2)
Insert:
(2A) Austrade may, by written notice to the applicant, ask the applicant
to give to Austrade any written consent (whether of the applicant or an
associate of the applicant) specified in the notice that Austrade requires to
enable Austrade to obtain information to determine, in accordance with
guidelines determined under paragraph 101(1)(bb), whether:
(a) the applicant is a fit and proper person to receive a grant;
or
(b) any associate of the applicant is a fit and proper person to receive a
grant.
(2B) In subsection (2A):
associate has the same meaning as in
section 87AA.
3 Subsection 72(3)
Omit “and (2)”, substitute “, (2) and
(2A)”.
4 At the end of Subdivision 3 of
Division 3 of Part 7
Add:
(1) Despite Subdivision 2, a grant, or an advance on account of a
grant, is not payable to a person if, at the time when, or at any time after,
the person becomes entitled to the grant or advance, Austrade has formed the
opinion, in accordance with guidelines determined under paragraph 101(1)(bb),
that:
(a) the person is not a fit and proper person to receive a grant;
or
(b) the person has an associate who is not a fit and proper person to
receive a grant.
(2) Subsection (1) does not affect the validity of a payment of
grant, or of an advance on account of grant, to the person at a time when
Austrade had not formed an opinion mentioned in that subsection.
(3) In this section:
associate means a person who is determined to be an associate
in accordance with the guidelines determined under paragraph
101(1)(bb).
5 After paragraph 97(c)
Insert:
(ca) any decision under section 87AA;
6 At the end of section 97
Add:
(2) Paragraph (1)(ca) does not, by implication, affect the operation
of subsection (1) in relation to other decisions made under
Subdivision 3 of Division 3 of Part 7.
7 After paragraph 101(1)(b)
Insert:
(bb) guidelines to be complied with by Austrade:
(i) in determining who is an associate of a person for the purposes of
subsection 87AA(1); and
(ii) in forming, for the purposes of subsection 87AA(1), an opinion
whether a person or any such associate of the person is a fit and proper person
to receive a grant;