Senator MURRAY(12.54 p.m.) —I move:

(2)   Page 32 (after line 14), after subdivision 3, insert:

Subdivision 3A—Other claimable expenses

38A Object of Subdivision

This Subdivision provides for expenses to be claimable in respect of certain activities other than those provided for in Subdivisions 2 and 3.

38B Claimable expenses in respect of other activities

The expenses specified in sections 38C and 38D, subject to sections 38E and 38F, are claimable expenses in relation to an applicant in accordance with the relevant provisions of those sections and to the extent that they are not excluded expenses under Subdivision 4.

38C   Expenses for foreign registration of eligible intellectual property rights

Expenses (whether as payment of fees or otherwise) are claimable expenses if, in Austrade's opinion, they are directly attributable to obtaining, or seeking to obtain, under the law of a country outside Australia:

   (i)   the grant or registration; or

   (ii)   the extension of the term of registration; or

   (iii)   the extension of the period of registration;

of eligible intellectual property rights in respect of eligible goods.

38D Expenses for insurance to protect eligible intellectual property rights

Expenses incurred by way of premiums paid for insurance against costs likely to be incurred in respect of the protection of eligible intellectual property rights obtained under the laws of countries outside Australia.

38E What are reasonable expenses?

(1)   Austrade is to determine for the purposes of section 38B whether any expenses incurred by the applicant are reasonable.

(2)   If it appears to Austrade that any expenses claimed by an applicant under this Division may not be reasonable, Austrade must:

   (a)   notify the applicant, in writing, that it is of that opinion and of its reasons for being of that opinion; and

   (b)   ask the applicant to establish, within the period specified by Austrade, that the amount of the expenses was reasonably payable for the activity for which the expenses were incurred.

(3)   If Austrade determines that any expenses of the applicant are not reasonable:

   (a)   Austrade must determine the amount that it considers to be reasonable for those expenses; and

   (b)   expenses in that amount are taken to be the reasonable expenses of the applicant for the purposes of this Division.

(4)   In making a determination under subsection (1), Austrade must take into consideration any information given by the applicant in answer to Austrade's request under paragraph (2)(b).

38F Certain expenses not claimable

Expenses are not claimable expenses if, in Austrade's opinion, they involve payments to persons that are closely related to the applicant.

I think the reasons for those changes are self-evident. I have previously spoken of the critical nature of intellectual property to the promotion and the protection of export dollars. I would hope that the government would see its way to responding positively to this. It does pick up a number of the elements addressed by Senator Cook in his previous amendment, although it does not go quite as far. I therefore commend that amendment to the Senate.