Commonwealth Numbered Acts

EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT ACT (No. 1) 1996 No. 23 of 1996 - SCHEDULE 9

Schedule 9-Grants entry test for first-time claimants 1 Subsection 13(2AA)
Repeal the subsection. 2 Before Division 3 of Part II Insert: Division
2B-Grants entry test for first-time claimants 13J First-time claimants must
pass grants entry test to be eligible for a grant

(1) This section applies to a claim for grant in respect of the whole or the
first 6 months of a particular grant year if no previous grant year was an
active grant year for the claimant.

(2) However, this section does not apply to:

   (a)  an approved body; or

   (b)  an approved joint venture or approved consortium; or

   (c)  an approved trading house.

(3) Grant is not payable to the claimant in respect of the claim unless the
claimant passes the grants entry test at such time during the period:

   (a)  beginning at the start of the grant year; and

   (b)  ending immediately before the Commission determines whether the
        claimant is entitled to a grant; as the Commission considers to be the
        appropriate time to apply the test.

(4) In subsection (3): grants entry test means the test formulated under
section 13K. 13K Grants entry test

(1) The Commission may make a written determination formulating a test, to be
known as the grants entry test.

(2) The test may confer a power on the Commission.

(3) The test may require:

   (a)  an existing document to be given to the Commission; or

   (b)  a document to be prepared and given to the Commission.

(4) Subsection (3) does not, by implication, limit subsection (1).

(5) The Commission must give a free copy of the determination to any person
who asks for a copy.

(6) A determination under subsection (1) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation Act 1901. 13L Commission
may request information relevant to grants entry test

(1) This section applies to a person for a grant year if the person is
registered for the grant year under section 13I.

(2) The Commission may, by written notice given to the person, request the
person to give the Commission, within the period and in the manner specified
in the notice, information that is relevant to whether the person passes the
grants entry test formulated under section 13K.

(3) The period specified in the notice must be at least 28 days. The notice
must set out the effect of subsection (4).

(4) If the person refuses or fails to comply with the request, grant is not
payable to the person for the whole or the first 6 months of the grant year.

(5) This section does not, by implication, limit subsection 13(4). 3
Application of amendments

(1) The amendments made by this Schedule apply in relation to a balance-year
claim or a full-year claim in relation to the grant year beginning on 1 July
1995, so long as the claim is submitted to the Commission after the
commencement of this item.

(2) The amendments made by this Schedule apply in relation to a claim for
grant in relation to a period beginning on or after 1 July 1996.