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EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT BILL (NO. 2) 1994 [1995]

Order of the day read for the adjourned debate on the motion of the

Minister for the Environment, Sport and Territories (Senator

Faulkner)--That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the

bill.

In the committee

Clause 1 agreed to.

Explanatory memorandum: The Minister for Industry, Science and

Technology (Senator Cook) tabled a supplementary explanatory memorandum

relating to the Government amendments to be moved to the bill.

Clause 2--

On the motion of Senator Cook the following amendments, taken together

by leave, were debated and agreed to:

Clause 2, page 2, line 2, omit "This Act", substitute "Subject to

subsection (2), this Act".

Clause 2, page 2, at end of clause, add the following subclause:

"(2) Part 15 of the Schedule is taken to have commenced on 1 July

1990.".

Clause 2, as amended, agreed to.

Clauses 3 and 4, taken together by leave, agreed to.

Senator Cook moved the following amendment:

At end of bill, page 2, add the following clause:

Validation of certain guidelines

"5.(1) This section applies to guidelines made under section 41 or 42

of the Export Market Development Grants Act 1974 at any time before

the commencement of this section.

"(2) Guidelines to which this section applies are taken:

(a) to have been, at all times after their making; and

(b) subject to their repeal, replacement, or amendment, by later

guidelines, to continue to be;

valid guidelines.

"(3) For the purposes of subsection (2), later guidelines includes

guidelines to which this section applies whose validity is itself

dependent upon the operation of subsection (2).

"(4) If guidelines to which this section applies are taken to have

been, and to continue to be, valid guidelines, either as originally

made or as amended by later guidelines, any decision of the Australian

Trade Commission:

(a) made in reliance on those guidelines; or

(b) taking those guidelines into account;

is taken, to the extent that it was or is made in reliance on those

guidelines or takes them into account, to have been, and to continue to

be, a valid decision of the Commission.

"(5) Any act or thing done by any person or body:

(a) in reliance on:

(i) guidelines to which this section applies; or

(ii) a decision referred to in subsection (4) made in reliance

on, or taking account of, those guidelines; or

(b) taking into account such guidelines or such a decision;

is taken, to the extent that it was or is an act or thing done in

reliance on those guidelines or that decision or done taking those

guidelines or that decision into account, to have been validly done.

"(6) Nothing in this section is taken:

(a) to affect the power of either House of the Parliament to

disallow any guidelines to which this section applies that have

been laid before that House of the Parliament; or

(b) to validate any guidelines that have been disallowed by either

House of the Parliament.

"(7) In this section:

(a) a reference to the making of guidelines includes a reference to

the purported making of those guidelines; and

(b) a reference to a decision of the Australian Trade Commission

made in reliance on guidelines or taking guidelines into account

includes a reference to:

(i) a decision of the Commission; or

(ii) a decision of any delegate of the Commission:

purportedly made in reliance on those guidelines or purportedly

taking those guidelines into account; and

(c) a reference to an act or thing done by a person or body in

reliance on guidelines or on a decision includes a reference to

an act or thing purportedly done by that person or body in

reliance on those guidelines or on that decision; and

(d) a reference to an act or thing done by a person or body taking

account of guidelines or a decision includes a reference to an

act or thing purportedly done by that person or body taking

account of those guidelines or that decision.".

Senator Parer moved the following amendment to Senator Cook's proposed

amendment:

After proposed clause 5 add the following clause:

Saving of rights of action for adverse decisions or acts etc.

"6.(1) In spite of anything in section 5, the validations provided for

by section 5 do not affect any rights of action of a person in

relation to:

(a) a decision of the Australian Trade Commission; or

(b) an act or thing done by any person or body;

that was adverse to the person in relation to whom the decision was made

or the act or thing was done and such rights of action may be pursued as

if section 5 had never been enacted.

"(2) In this section:

(a) a reference to a decision of the Australian Trade Commission

includes a reference to a purported decision of the Commission;

(b) a reference to an act or thing done by any person or body

includes a reference to an act or thing purportedly done by such

person or body.".

Debate ensued.

Question--That Senator Parer's amendment to Senator Cook's proposed

amendment be agreed to--put and passed.

Question--That the amendment, as amended, be agreed to--put and passed.

Schedule--

On the motion of Senator Parer the following amendment was debated and

agreed to:

Schedule, page 3, after item 9 insert the following item:

"9A. Section 11D:

Add at the end:

"(4) In this section, "samples" includes the provision of eligible

tourism services or designated tourism services to a person whose

primary or principal purpose in accepting the services is to examine,

evaluate and report on them in the course of a business, trade or

profession in a way that is likely to influence, create or increase

demand for them.'.".

On the motion of Senator Parer the following amendment was debated and

agreed to:

Schedule, page 4, after item 14 insert the following item:

"14A. Section 11ZC:

Add at the end:

"(11) Expenditure is qualifying export development expenditure for an

approved joint venture or approved consortium if:

(a) in the Commission's opinion, the expenditure is incurred

primarily and principally for the purpose of:

(i) creating or seeking opportunities for; or

(ii) creating or increasing demand for;

the supply by a member of the joint venture or consortium of

designated tourism services; and

(b) the supply by a member of the joint venture or consortium is for

reward and in the course of carrying on business in

Australia.'.".

Senator Spindler moved the following amendment:

Schedule, page 4, after item 16 insert the following items:

"16A. Paragraph 14(1)(b):

Omit "$30,000', substitute "$15,000'.

16B. Subsection 14(1)(c):

Omit from the formula "$30,000', substitute "$15,000'.

16C. Subsection 16(4):

Omit from the formula "$30,000', substitute "$15,000'.

16D. Subsection 16A(3):

Omit "$30,000' (wherever occurring), substitute "$15,000'.

16E. Subsection 16A(4):

Omit "$30,000' (wherever occurring), substitute "$15,000'.

16F. Subsection 16A(6):

Omit "$30,000' (wherever occurring), substitute "$15,000'.".

Debate ensued.

Question--That the amendment be agreed to--put and negatived.

On the motion of Senator Parer the following amendment was debated and

agreed to:

Schedule, pages 5 and 6, item 20, omit the item.

On the motion of the Minister for Trade (Senator McMullan) the following

amendment was agreed to:

At end of Schedule, page 16, add the following Part:

"PART 15--GUIDELINES CONCERNING TRADING HOUSES,

APPROVED JOINT VENTURES, AND APPROVED CONSORTIA

69. After subsection 41(4):

Insert:

"(4A) The Commission may, at any time, and whether or not within 90

days after the Export Market Development Grants Amendment Act (No.

2) 1990 receives the Royal Assent, repeal, replace or amend

guidelines made under this section.'.

70. After subsection 42(4):

Insert:

"(4A) The Commission may, at any time, and whether or not within 90

days after the Export Market Development Grants Amendment Act (No.

2) 1990 receives the Royal Assent, repeal, replace or amend

guidelines made under this section.'.".

Schedule, as amended, agreed to.

Remainder of bill, taken as a whole by leave, agreed to.

Bill to be reported with amendments.

The Acting Deputy President (Senator West) resumed the Chair and the

Chairman of Committees (Senator Reid) reported accordingly.

On the motion of Senator McMullan the report from the committee was

adopted and the bill read a third time.