Senator COOK (Minister for Industry, Science and Technology and Minister Assisting the Prime Minister for Science) (11.17 a.m.) —I think you have done us a service, Senator O'Chee, in tying down this matter. I will present to you the advice that I have and I will ask the advisers to indicate whether that advice is properly articulated by me.

  In simple terms, everyone thought this was the binding law and acted accordingly. People who got adverse decisions and wanted to exercise their appeal rights did so. Two of those are still broadly within time. Your question is similar in character to that of Senator Spindler—whether there is a time limitation on such appeals. I refer to section 40A of the Export Market Development Grants Act, entitled `Review of decisions of the Commission'. Subsection 40A(2) reads:

A person affected by a decision of the Commission and dissatisfied with the decision may, by notice in writing given to the Commission within a period of 30 days after the date on which the decision first comes to the notice of the person, or within such further period as the Commission allows, request the Commission to reconsider the decision.

When I was referring to being out of time, I was referring to subsection 40A(2) and that provision of a 30-day limitation. In this case, `the Commission' means the Australian Trade Commission, which is Austrade for short.

  The legal matter on foot over research and development is a matter for an Administrative Appeals Tribunal appeal. My answers are related to decisions of Austrade. On the secondary question of Senator Spindler as to what happens now, can they come back on substantive matters? The answer, in view of all this, is that, yes, they can. What might be the rights, vis a vis appealing a commission decision to the AAT, is another matter. I have a nod from the advisers.