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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)

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;

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