Export Market Development Grants Amendment Act 2014 (Cth)

Export Market Development Grants Amendment Act 2014

No. 23, 2014

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

Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments Export Market Development Grants Act 1997

Export Market Development Grants Amendment Act 2014 No. 23, 2014

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

[Assented to 9 April 2014]

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Export Market Development Grants Amendment Act 2014.

2 Commencement This Act commences on the day this Act receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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 1—Amendments

Export Market Development Grants Act 1997

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

2 Paragraphs 7(1)(c) and (4)(b) Omit "7 or more", substitute "8 or more".

3 Paragraph 29(d) Omit "$20,000", substitute "$15,000".

4 Subsection 63(1) Omit "$5,000", substitute "$2,500".

5 Application of amendments The amendments made by items 2 to 4 apply in relation to applications for grants in respect of the grant year that began on 1 July 2013, and later grant years.

6 After Division 2 of Part 7 Insert:

Division 2A—Fit and proper person test for export market development grants consultants

79A Fit and proper person test—excluded consultants (1) The CEO of Austrade may, in accordance with the guidelines determined under paragraph 101(1)(bab), determine, in writing, that a person is an excluded consultant for the purposes of this Act if: (a) the person is, or has been, an export market development grants consultant or an associate of an export market development grants consultant; and (b) the CEO has formed the opinion, in accordance with the guidelines, that the person, or an associate of the person, is not a fit and proper person. Note: For revocation of a determination that a person is an excluded consultant, see section 79E. (2) The CEO of Austrade may, by written notice given to a person referred to in paragraph (1)(a), ask the person to: (a) give the CEO specified information; or (b) make available to the CEO specified books, records or documents; or (c) give the CEO a written consent (whether of the person or of any associate of the person) to enable the CEO to obtain information; for the purpose of deciding whether to make a determination under subsection (1) in respect of the person. (3) Without limiting paragraph 101(1)(bab), the guidelines determined under that paragraph may provide for the CEO of Austrade to have regard to a person's failure to comply with a request under subsection (2) of this section in deciding whether to make a determination under subsection (1) in respect of the person. (4) In this section: associate means a person who is determined to be an associate in accordance with the guidelines determined under paragraph 101(1)(bab).