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A Bill for an Act to amend the Export Market Development Grants Act 1997, and for related purposes
Administered by: Foreign Affairs and Trade
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 20 Feb 2013
Introduced HR 13 Feb 2013
Table of contents.

2010‑2011‑2012‑2013

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

 

 

 

Export Market Development Grants Amendment Bill 2013

 

No.      , 2013

 

(Trade)

 

 

 

A Bill for an Act to amend the Export Market Development Grants Act 1997, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendments                                                                                                3

Part 1—Amendments commencing on Royal Assent                                   3

Export Market Development Grants Act 1997                                                       3

Part 2—Amendments commencing on 1 July 2013                                       8

Export Market Development Grants Act 1997                                                       8

 


A Bill for an Act to amend the Export Market Development Grants Act 1997, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Export Market Development Grants Amendment Act 2013.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1, Part 1

The day this Act receives the Royal Assent.

 

3.  Schedule 1, Part 2

1 July 2013.

1 July 2013

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

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.

Schedule 1Amendments

Part 1Amendments commencing on Royal Assent

Export Market Development Grants Act 1997

1  Readers guide (including the list of terms defined in Part 9)

Repeal the guide.

2  Paragraph 7(1)(c)

Omit “7”, substitute “8”.

3  Paragraph 7(4)(b)

Omit “7”, substitute “8”.

4  Subsection 23(1)

Omit “an event,”.

5  Section 25A

Repeal the section.

6  Subsections 37(2) and (3)

Repeal the subsections.

7  Section 40 (after table item 3)

Insert:

3A

Expenses of certain applicants related to trade with USA, Canada or European Union Member States

43A

8  After section 43

Insert:

43A  Expenses of certain applicants related to trade with USA, Canada or European Union Member States

                   Expenses of an applicant are excluded if:

                     (a)  the applicant is a grantee in respect of 5 or more previous grant years; and

                     (b)  the applicant is not an approved body; and

                     (c)  the expenses were incurred in respect of an eligible promotional activity related to trade with the United States of America, Canada or a Member State of the European Union.

9  Paragraph 58(2)(a)

Repeal the paragraph, substitute:

                     (a)  is paid off by the applicant, either directly or by credit card; or

10  After subsection 72(2B)

Insert:

          (2C)  If an export market development grants consultant (the EMDG consultant) prepared, or helped to prepare, the application, the CEO of Austrade may, by written notice to the applicant, ask the applicant to give to the CEO a written consent of the EMDG consultant to enable the CEO to obtain information to determine, in accordance with guidelines determined under paragraph 101(1)(bc), whether the EMDG consultant is a fit and proper person.

11  Subsection 72(3)

Omit “and (2A)”, substitute “, (2A) and (2C)”.

12  After Division 2 of Part 7

Insert:

Division 2AFit and proper person test for export market development grants consultants

79A  Application taken not to have been made if grants consultant not a fit and proper person

                   If:

                     (a)  an application for a grant is made to the CEO of Austrade; and

                     (b)  an export market development grants consultant prepared, or helped to prepare, the application; and

                     (c)  the CEO of Austrade forms the opinion, in accordance with guidelines determined under paragraph 101(1)(bc), that the export market development grants consultant is not a fit and proper person;

the application is taken for the purposes of this Act (other than this Division) not to have been made.

79B  The CEO of Austrade must notify applicant that application taken not to have been made

                   If the application is taken (under section 79A) not to have been made, the CEO of Austrade must, as soon as practicable after forming the opinion referred to in that section, give to the applicant a written notice:

                     (a)  stating that the application is taken not to have been made; and

                     (b)  setting out the effect of section 79C.

79C  When applicant may make fresh application

             (1)  If an application is taken (under section 79A) not to have been made, the applicant may make a fresh application under subsection 70(1).

             (2)  The fresh application must be made within:

                     (a)  90 days after the applicant receives the notice referred to in section 79B; or

                     (b)  5 months after the end of the grant year;

whichever is the later.

13  Section 82

Omit all the words after “subject to section 83,”, substitute “the grant becomes payable on the day the amount of the grant is determined”.

14  After paragraph 97(1)(c)

Insert:

                  (caa)  a decision under section 79A;

15  Paragraph 101(1)(b)

Repeal the paragraph, substitute:

                     (b)  guidelines to be complied with by the CEO in forming, for the purposes of Part 5, an opinion whether a person is, or is not, closely related to an applicant; and

16  After paragraph 101(1)(bb)

Insert:

                   (bc)  guidelines to be complied with by the CEO in forming, for the purposes of section 79A, an opinion whether an export market development grants consultant is a fit and proper person; and

17  Section 105

Before “The costs”, insert “(1)”.

18  Paragraph 105(b)

Repeal the paragraph, substitute:

                     (b)  in any financial year, must not exceed the cost cap for the financial year.

             (2)  The cost cap for a financial year is the amount worked out by multiplying the appropriation amount for the financial year by the percentage specified in a determination made, by legislative instrument, by the Minister for the purposes of this subsection.

             (3)  A determination under subsection (2) may specify different percentages for different financial years.

19  Subsection 107(1) (definition of eligible event)

Repeal the definition.

20  Subsection 107(1) (paragraph (ba) of the definition of eligible products)

Repeal the paragraph.

21  Subsection 107(1) (definition of event holder)

Repeal the definition.

22  Subsection 107(1) (definition of events promoter)

Repeal the definition.

23  Application and savings provisions

(1)       The amendments made by items 2 to 9 apply in relation to grants in respect of grant years commencing on or after 1 July 2013.

(2)       The amendments made by items 10, 11 and 12 apply in relation to the preparation of applications for grants in respect of grant years commencing on or after 1 July 2013.

(3)       The amendment made by item 13 applies in relation to determinations made on or after the commencement of this Part.

(4)       The amendments made by items 17 and 18 apply in relation to financial years commencing on or after 1 July 2012.

(5)       Guidelines made for the purposes of paragraph 101(1)(b) of the Export Market Development Grants Act 1997 that were in force immediately before the commencement of this item have effect, after the commencement of this item, as if they had been made under paragraph 101(1)(b) of the Export Market Development Grants Act 1997 as amended by this Part.

Part 2Amendments commencing on 1 July 2013

Export Market Development Grants Act 1997

24  Paragraph 6(1)(e)

Repeal the paragraph.

25  Subsection 7(1) (heading)

Repeal the heading, substitute:

Person other than trustee

26  Subsection 7(1)

Omit “an approved joint venture or”.

27  Subsection 7(2)

Repeal the subsection.

28  Paragraph 16(1)(c)

Repeal the paragraph, substitute:

                     (c)  in relation to a partnership—a conviction of an associate of the partnership for a relevant offence.

29  Subsection 18(1)

Omit “or approved joint venture”.

30  Paragraph 29(b)

Repeal the paragraph.

31  Paragraph 29(d)

Omit “(a) to (c)”, substitute “(a) and (c)”.

32  Section 40 (table item 13)

Repeal the item.

33  Section 42

Omit “(other than an approved joint venture)”.

34  Section 53

Repeal the section.

35  Paragraph 65(1)(b)

Omit “(other than an approved joint venture)”.

36  Subsection 65(1) (note)

Omit “and approved joint venture”.

37  Subsection 70(3) (including the note)

Repeal the subsection.

38  Section 84

Repeal the section.

39  Subsection 85A(1)

Omit “, or in the case of a joint venture, the nominated contact person,”.

40  Division 1 of Part 8 (heading)

Repeal the heading, substitute:

Division 1Approved bodies

41  Subsection 88(2)

Repeal the subsection.

42  Subsection 89(1)

Omit “Subject to section 92, the”, substitute “The”.

43  Subsection 89(3)

Omit “Subject to subsections (4) and (5), an”, substitute “An”.

44  Subsection 89(4) (not including the note)

Repeal the subsection.

45  Subsection 91(1)

Omit “, or the approval of a group of persons as a joint venture”.

46  Paragraph 91(1)(a)

Omit “, or in the case of an approved joint venture, to the nominated contact member,”.

47  Paragraph 91(1)(b)

Omit “or member”.

48  Section 92

Repeal the section.

49  Paragraphs 97(1)(f) and (i)

Repeal the paragraphs.

50  Subparagraph 101(1)(c)(ii)

Repeal the subparagraph.

51  Paragraph 106(2)(a)

Omit “joint ventures and”.

52  Subsection 107(1) (definition of approved activity, project or purpose)

Repeal the definition.

53  Subsection 107(1) (definition of approved joint venture)

Repeal the definition.

54  Subsection 107(1) (subparagraph (d)(ii) of the definition of associate)

Omit “the partnership; or”, substitute “the partnership.”.

55  Subsection 107(1) (paragraph (e) of the definition of associate)

Repeal the paragraph.

56  Subsection 107(1) (definition of nominated contact member)

Repeal the definition.

57  Subsection 107(1) (definition of person)

Omit “and an approved joint venture”.

58  Application of amendments

(1)       Despite the amendments made by this Part (other than item 41), the Export Market Development Grants Act 1997 continues to apply, in relation to joint ventures approved by the CEO of Austrade under section 89 of that Act before the commencement of this Part, as if the amendments had not been made.

(2)       Despite the amendments made by this Part, if:

                     (a)  an application for approval as a joint venture was made under section 88 of the Export Market Development Grants Act 1997 before this Part commences; and

                     (b)  the application has not been decided immediately before that commencement;

the CEO of Austrade is taken, on that commencement, to have decided not to approve the application.

(3)       The amendment made by item 49 does not affect a refusal of an application for approval as a joint venture made before the commencement of that item.