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Schemes as made
This amendment will clarify provisions in relation to the extension of time for registering under the Scheme and for lodging a claim for a grant under the Scheme. It will also make it clear that the threshold amount of eligible expenditure under the Scheme is an accumulated amount over the life of the Scheme and is not on an annual basis. Also, the amendment will make it clear that determinations can be revoked and remade in certain circumstances. Consequential to the Textile, Clothing and Footwear Strategic Investment Program Amendment (Post-2005 scheme) Act 2004, the amendment introduces provisions that make it clear that payment of a grant or regular advance is subject to conditions, that documents must be retained and that entities may be subject to post-grant payment compliance monitoring.
Administered by: DITR
Registered 28 Feb 2005
Tabling HistoryDate
Tabled HR09-Mar-2005
Tabled Senate09-Mar-2005
Date of repeal 09 Aug 2013
Repealed by Industry, Innovation, Climate Change, Science, Research and Tertiary Education (Spent and Redundant Instruments) Repeal Regulation 2013

I, IAN ELGIN MACFARLANE, Minister for Industry, Tourism and Resources, make this Scheme under sections 8 and 34 of the Textile, Clothing and Footwear Strategic Investment Program Act 1999.

Dated 24 February 2005

IAN MACFARLANE

 


1              Name of Scheme

                This Scheme is the Textile, Clothing and Footwear Strategic Investment Program Scheme Amendment 2005 (No. 1).

2              Commencement

                This Scheme commences on the day after it is registered.

Note   See the Legislative Instruments Act 2003.

3              Amendment of Textile, Clothing and Footwear Strategic Investment Program Scheme 1999

                Schedule 1 amends the Textile, Clothing and Footwear Strategic Investment Program Scheme 1999.


Schedule 1        Amendments

(section 3)

  

[1]           After subsection 43 (3)

insert

         (4)   However, regardless of the circumstances, the Secretary may not extend the period for registration or renewal of registration beyond the end of the program year for which registration or renewal of registration is sought.

Examples

1.   If an entity applies to the Secretary for an extension of time to register for the 2003/2004 program year during the 2003/2004 program year, the Secretary may extend the period only until the end of the 2003/2004 program year.

2.   If an entity applies to the Secretary for an extension of time to register for the 2003/2004 program year on 1 July 2004 (the start of the 2004/2005 program year) the Secretary must not agree to the extension.

         (5)   To avoid doubt, a failure to apply for registration or renewal of registration on time due to oversight or ignorance is not to be regarded as an exceptional circumstance for subsection (3).

[2]           Paragraph 51S (2) (b)

substitute

               (b)    the total amount of eligible expenditure for regular advances of Type 1 and Type 2 grants:

                          (i)    incurred by the entity in previous program years; and

                         (ii)    in respect of which the entity has made a claim.

[3]           After subsection 59 (3)

         (4)   However, the Secretary must not agree to extend the period for lodging a claim if that request is made after the end of the relevant financial year.

Example

The Secretary must not agree to extend the period for lodging a claim for the 2003/2004 program year if the request for extension is made after 1 July 2005.

         (5)   Also, regardless of the circumstances, the Secretary must not provide an extension of time for an entity in relation to a claim for a previous program year for which the entity has already made a claim under the Scheme.

         (6)   To avoid doubt, a failure to lodge a claim on time due to oversight or ignorance is not to be regarded as an exceptional circumstance for subsection (3).

[4]           Subparagraph 79 (2) (b) (ii)

omit

but, because of the operation of this section, a grant was not paid

[5]           After subsection 81 (6)

insert

      (6A)   Also, if a claimant entity has breached a condition in relation to a regular advance of a grant, the Secretary may reduce the amount of the grant payable to the entity by the amount (if any) to which, because of the breach, the entity would not otherwise have been entitled as part of the regular advance.

      (6B)   A determination under this Subdivision is revocable under section 81A, and may be remade under that section.

Note   Section 81A provides for the circumstances in which a determination may be revoked and, if appropriate, remade.

[6]           After subsection 81 (7), including the note

insert

         (8)   If a claimant is not eligible, in accordance with Subdivision 5.2.1, for a grant of an amount for a program year, the Secretary must not:

                (a)    determine that the claimant is entitled to be paid the amount for the program year; or

               (b)    pay a grant to the claimant of the amount for the program year.

[7]           After section 81

in Subdivision 5.3.1, insert

81A         Revocation and remaking of determinations etc

         (1)   If:

                (a)    a determination is made in relation to an entity; and

               (b)    the amount determined, or paid to the entity under the determination, is not the amount (if any) to which the entity is entitled under the Scheme;

then, in any of the circumstances mentioned in subsection (2), the Secretary must revoke the determination and, if appropriate, make a revised determination in its place.

         (2)   For subsection (1), the circumstances are as follows:

                (a)    the determination or payment contains or relies on a clerical error;

               (b)    the determination or payment was based wholly or in part on incorrect information;

                (c)    the determination or payment was based wholly or in part on a misinterpretation of a provision of the Act or Scheme by a self-assessing entity;

               (d)    the determination or payment is contrary to a provision of the Act or Scheme.

         (3)   If the Secretary revokes a determination in relation to which a grant has been paid:

                (a)    in a case in which a revised determination is not made under subsection (1) — the amount of the grant (the original grant); and

               (b)    in a case in which a revised determination is made under subsection (1), and the amount of the grant under the revised determination (the revised grant) is less than the original grant — the difference between the original grant and the revised grant;

must be repaid by the entity and may be recovered as a scheme debt.

Note   Sections 45, 46 and 47 of the Act deal with recovery of a scheme debt by legal proceedings (section 45), recovery by set-off against a grant payable to the entity concerned (section 46), and recovery from a person other than the entity in certain cases (section 47).

[8]           After subsection 82 (5)

insert

         (6)   However, if a claimant entity has breached a condition in relation to a regular advance of a grant, the Secretary may reduce the amount of the grant payable to the entity by the amount (if any) to which, because of the breach, the entity would not otherwise have been entitled as part of the regular advance.

         (7)   A determination under this Subdivision is revocable under section 82A and may be remade under that section.

Note   Section 82A provides for the circumstances in which a determination may be revoked and, if appropriate, remade.

         (8)   If a claimant is not eligible, in accordance with Subdivision 5.2.2, for a grant of an amount for a program year, the Secretary:

                (a)    must not determine that the claimant is entitled to be paid the amount for the program year; and

               (b)    must not pay a grant to the claimant of the amount for the program year.

[9]           After section 83

insert

83A         Revocation and remaking determinations etc.

         (1)   If:

                (a)    a determination is made in relation to an entity; and

               (b)    the amount determined, or paid to the entity under the determination, is not the amount (if any) to which the entity is entitled under the Scheme;

then, in any of the circumstances mentioned in subsection (2), the Minister must revoke the determination and, if appropriate, make a revised determination in its place.

         (2)   For subsection (1), the circumstances are as follows:

                (a)    the determination or payment contains or relies on a clerical error;

               (b)    the determination or payment was based wholly or in part on incorrect information;

                (c)    the determination or payment was based wholly or in part on a misinterpretation of a provision of the Act or Scheme by a self-assessing entity;

               (d)    the determination or payment is contrary to a provision of the Act or Scheme.

         (3)   If the Minister revokes a determination in relation to which a grant has been paid:

                (a)    in a case in which a revised determination is not made under subsection (1) — the amount of the grant (the original grant); and

               (b)    in a case in which a revised determination is made under subsection (1), and the amount of the grant under the revised determination (the revised grant) is less than the original grant — the difference between the original grant and the revised grant;

must be repaid by the entity and may be recovered as a scheme debt.

Note   Sections 45, 46 and 47 of the Act deal with recovery of a scheme debt by legal proceedings (section 45), recovery by set-off against a grant payable to the entity concerned (section 46) and recovery from a person other than the entity in certain cases (section 47).

[10]         After section 95

insert

96            Statutory conditions

         (1)   The payment of a grant, or regular advance of a grant, to an entity is subject also to the condition that the entity complies, or has complied, with all relevant provisions of the Act and the Scheme.

         (2)   Each grant and regular advance of a grant under the Scheme is subject to the conditions set out in section 18A of the Act.

Note   If a condition to which a grant (or regular advance of a grant) is subject is not fulfilled, the whole or part of the grant (or regular advance) may be recovered from the entity as a scheme debt under Part 5 of the Act.

97            Condition — document retention

         (1)   The payment of a grant, or regular advance of a grant, to an entity is subject to the condition that the entity retain each of the documents mentioned in subsection (2) for not less than 5 years from the date on which the grant, or regular advance of a grant, is paid to the entity.

         (2)   For subsection (1), the documents are:

                (a)    each document that the entity is, under the Scheme, required to prepare or obtain in relation to the grant, or regular advance of a grant, including (but not limited to) each such document prepared or obtained in relation to:

                          (i)    the registration of the entity under the Scheme; and

                         (ii)    a claim for a grant or a request for a regular advance of a grant; and

                         (iii)    a request for a determination and payment of a claim; and

               (b)    any record relied upon to prepare such a document.

Note   If this condition is not fulfilled, the whole or part of the grant (or regular advance of a grant) may be recovered from the entity as a scheme debt under Part 5 of the Act.

98            Post-payment compliance monitoring

                If an entity receives a grant, the entity may be subject to post-grant payment compliance monitoring.

Note   Subsection 37P (4) of the Act provides that it is a condition of a grant that entry to certain premises be permitted to authorised officers and employees to monitor compliance with other conditions.

Subsections 37P (6) and (7) of the Act provide for the appointment of authorised officers and employees, and section 37U of the Act provides for identity cards to be carried and produced by authorised officers.