Textile, Clothing and Footwear Small Business Program Determination (Amendment) 2011 (Cth)

Textile, Clothing and Footwear Small Business Program Determination (Amendment) 2011

I, Dr DONALD ERIC RUSSELL, Secretary of the Department of Innovation, Industry, Science and Research, make this Determination under section 37ZJ of the Textile, Clothing and Footwear Investment and Innovation Programs Act 1999.

Dated   12 December                2011

D Russell

Secretary of the Department of Innovation, Industry, Science and Research

1. Name of Determination

1.1           This Determination is the Textile, Clothing and Footwear Small Business Program Determination (Amendment) 2011.

2              Commencement

2.1           This Determination commences on the day after it is registered.

3              Amendment

3.1 Schedule 1 amends the Textile, Clothing and Footwear Small Business Program Determination 2005.

3.2 The amendments of the Textile, Clothing and Footwear Small Business Program Determination 2005 in Schedule 1 apply in relation to an application for funding made after the commencement of this Determination.

SCHEDULE 1

[1]        Section 3 (Definition of Act)

Substitute

Act means the Textile, Clothing and Footwear Investment and Innovation Programs Act 1999.

[2]        Section 4.1

Substitute

4.1 For section 37ZJ of the Act, the TCF Small Business Program is a competitive grants program administered by the Commonwealth to improve the business enterprise culture of TCF small businesses that did not qualify for assistance under the TCF (SIP) Scheme or the TCF Post-2005 (SIP) Scheme and do not qualify for assistance under the Clothing and Household Textile (BIC) scheme.

[3]        Subparagraph 8.1

Substitute

8.1For section 37ZJ (2) (a) of the Act, for an applicant to be eligible for a grant for a project under the Program, the applicant’s project must meet each of the following conditions:

(a)the project must meet the needs of a particular TCF small business that:

(i)    has not received funding from any of the TCF (SIP) Scheme or the TCF Post-2005 (SIP) Scheme or the Clothing and Household Textile (BIC) Scheme at the time the decision that the applicant is eligible for the grant is made; and

(ii)   is not entitled to receive such funding from the Clothing and Household Textile (BIC) Scheme at the time the decision that the applicant is eligible for the grant is made; and

(iii)  is solvent and not under any administrative arrangement;

(b)the project must be aimed at improving the business enterprise culture of the TCF small business.

[4]        Subsection 8.2

Substitute

8.2   Also:

(a)     the TCF small business concerned must have had a small business entity turnover (within the meaning of section 61-525 of the Income Tax Assessment Act 1997) of not less than $100,000 in the year immediately before the financial year in which the application is made; and

(b)    the applicant must make a cash contribution to the project for which funding is sought of not less than 25% of the amount of the eligible project expenditure for the project, not being a cash contribution obtained by means of a subsidy from the Commonwealth, a State or a Territory; and

(c)    to avoid doubt, regardless of the eventual eligible expenditure on the project the cash contribution must not be less than 25% of the eligible project expenditure.

[5]        Subsection 9.1 (b) and (c)

Substitute

(b)    the value for money of the project to the Commonwealth and the applicant’s commitment to the project including the level of time, resources and cash additional to 25% of the amount of the eligible project expenditure for the project that are to be contributed to the project by the applicant; and

(c)    whether the project is capable of being commenced and completed within a 12 month period commencing with the execution of the funding agreement.

[6]        Subsection 12.1

Substitute

12.1   For paragraph 37ZJ (2) (d) of the Act, it is a condition of payment of a grant that a successful applicant must enter into a grant agreement with the Commonwealth within 30 days (or such longer period allowed in writing by the Commonwealth) after the applicant is notified of the outcome of the application.