EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT ACT 2004 NO. 71, 2004 

EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT ACT 2004 NO. 71, 2004 
- TABLE OF PROVISIONS

1.   Short title   
2.   Commencement   
3.   Schedule(s)   
4.   Application   
SCHEDULE 1 - Amendments 

EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT ACT 2004 NO. 71, 2004
- LONG TITLE

[GRAPHIC]

Export Market Development Grants Amendment Act
2004

No. 71, 2004

An Act to amend the Export Market Development Grants Act
1997, and for related purposes
  
  

EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT ACT 2004 No. 71, 2004
- SECT 1   Short title 

 
        This Act may be cited as the Export Market Development Grants Amendment
Act 2004.

EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT ACT 2004 No. 71, 2004
- SECT 2   Commencement 

 
        This Act commences on the day on which it receives the Royal Assent.

EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT ACT 2004 No. 71, 2004
- SECT 3   Schedule(s) 

 
        Each Act that is specified in a Schedule to this Act is amended or repealed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.

EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT ACT 2004 No. 71, 2004
- SECT 4   Application 

 
        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 AMENDMENT ACT 2004 NO. 71, 2004
- SCHEDULE 1 - Amendments
   

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)
[GRAPHIC]
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:

87AA  Person or associate is not fit and proper

(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;

EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT ACT 2004 NO. 71, 2004
- NOTES
Compilation Information

[GRAPHIC]
Export Market Development Grants Amendment Act 2004
No. 71, 2004
An Act to amend the Export Market Development Grants Act 1997, and
for related purposes
[Assented to 23 June 2004]
The Parliament of Australia enacts:

EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT ACT 2004 NO. 71, 2004
- NOTES
Note

[Minister's second reading speech made in--
House of Representatives on 13 May 2004
Senate on 15 June 2004]
(68/04)