Commonwealth Numbered Acts

Industries Assistance Commission Amendment Act (No. 2) 1983 No. 75 of 1983 - SECT 13

13. After section 30J of the Principal Act the following section is inserted
in Division 2 of Part IV: Modification of Division in its application to
certain industries

''30JA. (1) This section applies to an industry-

   (a)  to which temporary assistance is being provided on 1 July 1983; or

   (b)  to which temporary assistance commences to be provided during the
        period of 12 months commencing on that date.

''(2) Upon the cessation of the provision of temporary assistance to an
industry to which this section applies, whether that cessation arises by
reason of the application to that industry of a provision of this Division
having effect by virtue of sub-section (3) or otherwise, that industry shall
cease to be an industry to which this section applies subject to any
subsequent application to the industry of this section if temporary assistance
commences to be provided to the industry during the period referred to in
paragraph (1) (b).

''(3) The provisions of this Division have effect in relation to an industry
to which this section applies as if-

   (a)  section 30C were amended-

        (i)    omitting 'commences to be provided to an industry and, during
               the period of 4 years immediately preceding the date on which
               the relevant assistance commences' and substituting 'commences
               to be provided to an industry on or after 1 July 1983 and,
               during the period of 4 years immediately preceding the date on
               which the relevant assistance commenced';

        (ii)   by omitting 'forthwith after the relevant assistance commences
               to be provided, refer to the Commission for inquiry and report
               under section 23 a matter relating to the continuance or
               withdrawal of assistance to the industry' and substituting 'if
               it appears to the Minister that the relevant assistance may
               need to continue to be provided to the industry after the
               expiration of the period of 12 months after the date on which
               the relevant assistance commenced to be provided, request the
               Authority or the Commission to undertake an inquiry in relation
               to the industry and to report to the Minister whether the
               relevant assistance should continue to be provided to the
               industry after the expiration of that period of 12 months'; and

        (iii)  by adding at the end thereof the following sub-sections (the
               existing section 30C becoming sub-section (1))-

'(2) Where, under sub-section (1), the Minister requests the Commission to
undertake an inquiry, the Minister shall specify a period within which the
Commission is to report to the Minister in accordance with the request.

'(3) Where, under sub-section (1), the Minister requests the Authority to
undertake an inquiry, the Minister shall specify a period, not exceeding 45
days, within which the Authority is to report to the Minister in accordance
with the request.

'(4) Temporary assistance shall not continue to be provided to an industry
referred to in sub-section (1) after the expiration of the period of 12 months
after the date on which the assistance commenced to be provided unless, before
the expiration of that period of 12 months, the Minister has received a report
of the Commission or the Authority in relation to that assistance in pursuance
of a request by the Minister under sub-section (1).

'(5) Where relevant assistance has been provided to an industry referred to in
sub-section (1) for a period of 12 months after the date on which the
assistance commenced to be provided, the Minister shall, forthwith after the
expiration of that period, refer to the Commission for inquiry and report
under section 23 a matter relating to the continuance or withdrawal of
assistance to the industry.';

   (b)  section 30D were amended-

        (i)    by inserting in sub-section (1) '(not being an industry
               referred to in sub-section 30C (1))' after 'industry' (first
               occurring); and

        (ii)   by inserting in sub-section (4) '(not being an industry
               referred to in sub-section 30C (1))' after 'industry';

   (c)  section 30E were amended-

        (i)    by inserting in sub-section (1) 'or the Authority' after
               'Commission';

        (ii)   by inserting after sub-section (2) the following sub-section:

'(2A) Where, under sub-section (1), the Minister requests the Authority to
undertake an inquiry, the Minister shall specify a period, not exceeding 45
days, within which the Authority is to report to the Minister in accordance
with the request.';

        (iii)  by inserting in sub-section (3) 'or the Authority' after
               'Commission'; and

        (iv)   by adding at the end thereof the following sub-sections:

'(4) Where-

   (a)  temporary assistance has been provided to an industry for a period of
        2 years after the date on which the assistance commenced to be
        provided; and

   (b)  it appears to the Minister that the assistance may need to continue to
        be provided to the industry after the expiration of the period of 3
        years after the date on which the assistance commenced to be provided,

the Minister may request the Commission to undertake an inquiry in relation to
the industry and to report to the Minister whether the assistance should
continue to be provided to the industry after the expiration of that period of
3 years.

'(5) Where, under sub-section (4), the Minister requests the Commission to
undertake an inquiry, the Minister shall specify a period within which the
Commission is to report to the Minister in accordance with the request.

'(6) Temporary assistance shall not continue to be provided to an industry
after the expiration of the period of 3 years after the date on which the
assistance commenced to be provided unless, before the expiration of that
period of 3 years, the Minister has received a report of the Commission in
relation to the assistance in pursuance of a request by the Minister under
sub-section (4).';

   (d)  section 30F were amended-

        (i)    by omitting from sub-section (1) '30D' (first occurring), and
               substituting '30C, 30D or 30E';

        (ii)   by inserting in sub-section (1) '30C,' after 'section' (second
               occurring); and

        (iii)  by inserting in sub-section (3) '30C,' after 'section' (second
               occurring);

   (e)  section 30G were amended by omitting from paragraph (2) (a)
        'forthwith' and substituting 'after the expiration of the period of 12
        months';

   (f)  section 30H were amended-

        (i)    by inserting in paragraph (a) '30C,' after 'section';

        (ii)   by omitting from paragraph (a) 'the period of 12 months, or the
               period of 2 years, as the case may be,' and substituting 'a
               period specified in that section'; and

        (iii)  by omitting from paragraph (b) 'that period of 12 months or 2
               years, as the case may be,' and substituting 'the period so
               specified'; and

   (g)  section 30J were amended by inserting in sub-section (1) '30C,' after
        'by reason of section'.''.