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EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT BILL 1982

Order of the Day read for the adjourned debate on the Question-That this Bill be now read a second time.

Debate ensued.

Question-put and passed.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Bill, by leave, taken as a whole.

The Minister for Veterans' Affairs (Senator Messner), by leave, moved the following amendments together: Page 2, clause 2, sub-clause (4), line 1, leave out ''3 (3) and 4 (3) and'', insert ''4 (3) and 5 (2)''.

Page 2, clause 3, sub-clause (1), paragraph (c), lines 8 to 30, leave out the paragraph.

Page 2, clause 3, sub-clause (3), lines 33 to 35, leave out the sub-clause.

Page 4, clause 4, sub-clause (2), paragraph (e), lines 12 to 24, leave out proposed sub-paragraphs (d) (i), (ii) and (iii), insert the following proposed sub-paragraphs: ''(i) if less than 20% but not less than 10% of the consideration for those services is consideration that the Board is satisfied has accrued or will accrue, or, if those services were supplied, would accrue, to a person or persons resident, and carrying on business, in Australia-treat that expenditure as being reduced by an amount equal to 25% of that expenditure;

''(ii) if less than 10% but not less than 5% of the consideration for those services is consideration that the Board is satisfied has accrued or will accrue , or, if those services were supplied, would accrue, to a person or persons resident, and carrying on business, in Australia-treat that expenditure as being reduced by an amount equal to 50% of that expenditure; or

''(iii) if less than 5% of the consideration for those services is consideration that the Board is satisfied has accrued or will accrue, or, if those services were supplied, would accrue, to a person or persons resident, and carrying on business, in Australia-disregard that expenditure''.

Page 6, clause 5, proposed section 6, at the end of proposed section, add the following new sub-sections and sub-clause: '' '(2) The Secretary to the Department of Trade and Resources may- (a) on application in writing to do so being made to him by- (i) the Australian Tourist Commission;

(ii) a State;

(iii) the Northern Territory; or

(iv) the Secretary to the Department of the Capital Territory; or

(b) on his own motion, by notice published in the Gazette, declare a tourism promotion to be, or to have been, a recognized tourism promotion for the purposes of this section.

'' '(3) Where the Secretary to the Department of Trade and Resources makes a decision under sub-section (2) rejecting an application, he shall cause to be published in the Gazette a notice setting out that decision.

'' '(4) A notice published in the Gazette relating to a decision under sub- section (2) shall include a statement to the effect that a person whose interests are affected by the decision may, subject to the Administrative Appeals Tribunal Act 1975, if he is dissatisfied with the decision to which the notice relates, make application to the Administrative Appeals Tribunal for review of the decision.

'' '(5) Any failure to comply with the requirements of sub-section (4) in relation to a decision does not affect the validity of the decision.

'' '(6) The Secretary to the Department of Trade and Resources, in exercising his powers under sub-section (2) to declare a tourism promotion to be, or to have been, a recognised tourism promotion for the purposes of this section, shall have regard to all matters that he considers relevant, including, but without limiting the generality of the foregoing, the following matters: (a) whether or not the tourism promotion has been, or is likely to be- (i) effective ; and

(ii) appropriate for or in relation to persons to whom sub-section (1) is, or is likely to be, applicable;

(b) whether or not the declaration is likely to prejudice Australia's international relations;

(c) the activities or likely activities of the Australian Tourist Commission.

'' '(7) The Secretary to the Department of Trade and Resources may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to an officer of that Department all or any of his powers under this section other than this power of delegation.

'' '(8) A power so delegated, when exercised by the delegate, shall, for the purposes of this section, be deemed to have been exercised by the Secretary to the Department of Trade and Resources.

'' '(9) A delegation under this section does not prevent the exercise of a power by the Secretary to the Department of Trade and Resources.

'' '(10) In this section, ''tourism promotion'' means the promotion of either of the acts or things referred to in paragraphs 4 (1) (f) or (g) by means of- (a) the doing of an act outside Australia;

(b) the export of a publication that is published in Australia and is principally intended for distribution outside Australia; or

(c) the production and issue, outside Australia, of a supplement to a newspaper or periodical that is produced and distributed outside Australia.'.

''(2) Section 6 of the Principal Act is amended- (a) by omitting from sub- section (2) ', or to have been,';

(b) by omitting from sub-section (6) ', or to have been,'; and

(c) by omitting from paragraph (6) (a) 'has been, or'.''.

Page 10, after clause 9, insert the following new clause:9A. After section 40 of the Principal Act the following section is inserted:Review of decisions of Secretary to Department of Trade and Resources40AAA. (1) In this section, '' decision'' has the same meaning as in the Administrative Appeals Tribunal Act 1975.

'(2) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Secretary to the Department of Trade and Resources under sub -section 6 (2).'.''.

Debate ensued.

Question-That the amendments be agreed to-put and passed.

Bill to be reported with amendments.

The Acting Deputy-President (Senator Coleman) resumed the Chair; and the Chairman of Committees (Senator McClelland) reported accordingly.

On the motion of Senator Messner the Report from the Committee was adopted, and the Bill read a third time.