| C2004C07562 | TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988
- Updated as at 26 November 1996 (#DATE 26:11:1996)
*1* The Textiles, Clothing and Footwear Development Authority Act 1988 as shown in this reprint comprises Act No. 14, 1988 amended as indicated in the Tables below. Table of Acts Act Date Date of Application Number and of assent commencement saving or year transitional provisions Textiles, Clothing and Footwear Development Authority Act 1988 14, 1988 5 May 1988 5 May 1988 (a) Bounty (Textile Yarns) Amendment Act 1990 69, 1990 16 June 1990 16 June 1990 - as amended by Bounty Legislation Amendment Act (No. 2) 1990 137, 1990 28 Dec 1990 28 Dec 1990 (b) S. 2 (2) and (3) Industrial Relations Legislation Amendment Act 1991 122, 1991 27 June 1991 Ss. 4 (1), 10 (b) and S. 15-20: 1 Dec 1988; Ss. 28 (b)-(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No. S332); Remainder: Royal Assent S. 31 (2) Textiles, Clothing and Footwear Development Authority Amendment Act 1991 207, 1991 24 Dec 1991 Ss. 1 and 2: Royal Assent S. 3: 9 Mar 1990 Remainder: 1 July 1991 - Statute Law Revision Act 1996 43, 1996 25 Oct 1996 Schedule 4 (item 146): Royal Assent (c) - (a) Textiles, Clothing and Footwear Development Authority Act 1988 - Section 63 of the Textiles, Clothing and Footwear Development Authority Act 1988 provides as follows: "On the expiration of 29 February 1996, this Act shall cease to have effect." (b) "2 (4) The amendment of the Bounty (Textile Yarns) Amendment Act 1990 made by section 3 of this Act is taken to have commenced on 16 June 1990." (c) The Textiles, Clothing and Footwear Development Authority Act 1988 was amended by Schedule 4 (item 146) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows: "(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent." Table of Amendments ad=added or inserted am=amended rep=repealed rs=repealed and substituted Provision affected How affected S. 3 rs. No. 207, 1991 am. No. 207, 1991 S. 4 am. No. 207, 1991 S. 7 am. No. 69, 1990 (as am. by No. 137, 1990); No. 207, 1991 S. 9 am. No. 207, 1991 S. 12 rep. No. 207, 1991 S. 16 am. No. 43, 1996 S. 18 rs. No. 122, 1991 S. 21 am. No. 122, 1991 Divs.ision 1 and 2 of Part IV (Sss. 24-35) rep. No. 207, 1991 Ss. 24-35 rep. No. 207, 1991 S. 37 am. No. 207, 1991 Heading to Div. 4 of Part IV rs. No. 207, 1991 Ss. 41-44 am. No. 207, 1991 S. 53 am. No. 207, 1991 S. 55 am. No. 207, 1991 #ADD 6:1:1997 TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - TABLE OF
PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
PART I - PRELIMINARY
1. Short title
2. Commencement
3. Effect on Industries Commission Act
4. Interpretation
PART II - ESTABLISHMENT, OBJECTS, FUNCTIONS AND POWERS OF
AUTHORITY
5. Establishment
6. Objects
7. Functions
8. Guidelines for policies and practices of Authority
9. Annual plan
10. Report on TCF industries' matter etc.
11. Annual report
13. Powers
PART III - CONSTITUTION AND MEETINGS OF AUTHORITY
14. Membership of Authority
15. Outside employment
16. Remuneration and allowances
17. Disclosure of interests
18. Leave of absence
19. Resignation of office
20. Retirement from office
21. Termination of appointment
22. Acting appointments
23. Meetings
PART IV - INDUSTRIES DEVELOPMENT STRATEGY PROGRAMS
Division 3 - International Competitiveness Incentive Program
36. Application of Division
37. Applications for financial assistance
38. Assessment of financial viability of business plans
39 Approval of applications
40. Financial assistance - rate at which, and period
during which, payable
Division 4 - Other Program
41. Application of Division
42. Arrangements with other bodies
43. Assistance under program and criteria for eligibility
44. Applications for, and grant of, assistance
PART V - CONDUCT OF FORMAL INQUIRIES
45. Procedure at inquiries
46. Power to administer oath or affirmation
47. Protection of members and witnesses
48. Powers of Authority in relation to documents produced
49. Witness prejudiced in employment
PART VI - STAFF AND CONSULTANTS
50. Staff
51. Arrangements relating to staff
52. Engagement of consultants
PART VII - MISCELLANEOUS
53. Offences
54. Recovery of grant on conviction
55. Recovery of amount paid as a result of false statement
etc.
56. Evidence of payment
57. Authority may supply information
58. Confidentiality
59. Department may supply information or documents
60. Appropriation
61. Delegation by Authority
62. Regulations
63. Termination of Act
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - LONG TITLE
SECT
An Act to establish a Textiles, Clothing and Footwear
Development Authority, and for related purposes
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - PART I
PART I - PRELIMINARY
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 1
Short title
SECT
1. This Act may be cited as the Textiles, Clothing and Footwear Development
Authority Act 1988.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 2
Commencement
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 3
Effect on Industries Commission Act
SECT
3. (1) Subject to subsection (2), this Act does not affect the operation of
the Industries Commission Act 1989.
(2) Section 10 of the Industries Commission Act 1989 does not apply in
relation to anything done by the Minister in carrying out a recommendation of
the Authority under paragraph 7 (h).
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 4
Interpretation
SECT
4. In this Act, unless the contrary intention appears:
appoint" includes re-appoint;
"Authority" means the Textiles, Clothing and Footwear Development Authority
established by section 5;
"barrier assistance policy" means the policies of the Commonwealth
Government with respect to TCF industries in so far as those policies relate
to tariffs, tariff quotas and by-laws made under the Customs Act 1901;
"body" includes any body of persons, whether incorporated or
unincorporated;
"bountiable yarn" has the same meaning as in the Bounty (Textile Yarns) Act
1981;
"bounty assistance policy" means the policies of the Commonwealth Government
with respect to TCF industries in so far as those policies relate to the
payment of bounties;
"Chairperson" means the Chairperson of the Authority and includes a member
acting as Chairperson;
"Corporation" means the Australian Industry Development Corporation;
"industries development strategy" means the policies of the Commonwealth
Government with respect to TCF industries in so far as those policies relate
to the provision of assistance to those industries under the programs referred
to in paragraphs 7 (c) and (d);
"inquiry" means an inquiry conducted under Part V;
"member" means a member of the Authority and includes the Chairperson;
"plan" means a plan prepared under section 9;
"producer" means any person or enterprise engaged in Australia in the
development, production, distribution or sale of TCF products;
"TCF industries" means industries in Australia concerned with the
development, production, distribution or sale of TCF products;
"TCF industries' matters" means matters relating to the TCF industries and,
in particular, the following matters:
(a) the quantity, value added and price of TCF products produced in
Australia by those industries and the volume of sales, including sales for
export, of those products;
(b) the quantity and price of TCF products produced in foreign countries and
imported into Australia and the volume of sales in Australia of those
products;
(c) the relativity of the prices of the products referred to in paragraph
(a) and of the products referred to in paragraph (b);
(d) investment in those industries;
(e) the cost structure of, and production costs in, those industries;
(f) changes in employment levels in those industries and the manner in which
those changes are effected;
(g) the productivity of labour in those industries and the influence on
productivity of work practices in those industries;
(h) product and market diversification by producers engaged in the
production of TCF products;
(j) attempts in those industries to find and develop export markets;
(k) the foreign investments and international trading activities of
producers;
(m) the research, design and production capabilities of those industries;
(n) the adoption of new technologies in those industries;
(o) the extent to which those industries commit resources to training, the
upgrading of skills and industrial relations;
(p) the standards of product quality attained or set by those industries;
(q) any other matter considered by the Minister or the Authority to be
relevant to those industries;
"TCF products" means:
(a) textile, clothing and footwear products; and
(b) materials (other than raw materials) used in the production of those
products.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - PART II
PART II - ESTABLISHMENT, OBJECTS, FUNCTIONS AND
POWERS OF AUTHORITY
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 5
Establishment
SECT
5. There is established by this Act an authority by the name of the
Textiles, Clothing and Footwear Development Authority.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 6
Objects
SECT
6. The objects of the establishment of the Authority are:
(a) to promote the restructuring and revitalisation of the TCF industries so
as to improve their efficiency and international competitiveness; and
(b) to reduce the dependence of those industries on assistance by the
Commonwealth.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 7
Functions
SECT
7. The functions of the Authority are:
(c) subject to Division 3 of Part IV, to develop and implement, in a manner
that is consistent with the policies of the Commonwealth Government, a program
designed to encourage and facilitate the development of plans aimed at
increasing the international competitiveness of producers by providing
financial assistance to them for that purposes;
(d) subject to Division 4 of Part IV, to develop and implement, in a manner
that is consistent with the policies of the Commonwealth Government, a program
designed to provide, or support by way of financial or other assistance the
provision, of activities, services, facilities or measures calculated to:
(i) improve efficiency and planning in TCF industries; or
(ii) improve and co-ordinate the provision of infrastructure support
for TCF industries; or
(iii) increase the export of TCF products produced in Australia;
(da) to consider applications for capitalisation grants under Part 3 of the
Bounty and Capitalisation Grants (Textile Yarns) Act 1981, to report to the
Minister in relation to such applications and, where the Minister decides to
make such a grant, to enter into an agreement for and on behalf of the
Commonwealth with the applicant for the grant;
(db) to establish and maintain an identified assets register in accordance
with section 21G of the Bounty and Capitalisation Grants (Textile Yarns) Act
1981;
(e) to prepare plans in accordance with section 9;
(f) in accordance with section 10, to consider, and prepare and give to the
Minister reports on:
(i) TCF industries' matters; and
(ii) the progress made in TCF industries towards the achievement
of the objectives of the policies of the Commonwealth Government with respect
to those industries;
(g) in consultation with the appropriate delivery agencies, to monitor
matters relevant to the implementation of:
(i) the barrier assistance policy;
(ii) the bounty assistance policy; and
(iii) the industries development strategy;
(h) on its own motion or when requested by the Minister to do so, to make
recommendations to the Minister on any administrative changes that appear to
the Authority to be necessary to ensure the proper implementation of the
policies referred to in subparagraphs (g) (i), (ii) and (iii);
(j) to prepare reports in accordance with section 11;
(m) to prepare and maintain a data base on TCF industries; and
(n) to conduct such inquiries as it considers necessary for the proper
performance of its functions.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 8
Guidelines for policies and practices of Authority
SECT
8. (1) The Minister may, from time to time, by notice in writing delivered
to the Chairperson and expressed to be given under this section, give
directions to the Authority with respect to the policies and practices to be
followed by the Authority in the performance of its functions and the exercise
of its powers, and the Authority shall comply with any such directions that
are in force.
(2) The Minister shall forthwith cause to be published in the Gazette
particulars of any directions given under subsection (1) and of any revocation
of any such directions.
(3) Directions and any revocation of any directions published under
subsection (2) shall be laid before each House of the Parliament within 15
sitting days of that House after the publication in the Gazette of the
directions or any revocation.
(4) Nothing in this section authorises the Minister to give a direction to
the Authority in relation to a particular person or body.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 9
Annual plan
SECT
9. (1) The Authority shall, in respect of the financial year commencing on 1
July 1988 and each subsequent financial year, prepare, and submit to the
Minister for his or her approval, a plan setting out:
(a) the general objectives of the Authority for that financial year;
(b) an outline of the action that the Authority proposes to take to achieve
those objectives; and
(c) details of any proposed allocation of funds by the Authority during that
financial year for the purposes of any of the programs referred to in
paragraph 7 (c) or (d).
(2) A plan in respect of a financial year shall be in writing and shall be
submitted to the Minister before the commencement of the financial year.
(3) Where the Minister is of the opinion that a plan submitted to him or her
under this section should be revised in some regard, the Minister may, in
writing, request the Authority to revise the plan as necessary and shall
include in the request a statement setting out his or her reasons for making
the request.
(4) Upon receiving a request under subsection (3), the Authority shall
consider the request and statement of reasons and shall make such revision of
the plan as it considers to be appropriate and shall resubmit the plan, as so
revised, to the Minister for approval, within 30 days of the receipt of the
request.
(5) A plan in respect of a financial year shall come into force on:
(a) the date of its approval by the Minister; or
(b) the commencement of the financial year;
whichever is the later.
(6) A plan, whether or not it has come into force, may be varied by the
Authority with the approval of the Minister.
(7) The Minister's approval is not required for the variation of a plan if
the variation relates to:
(a) the manner in which the funds allocated for the purposes of a program
referred to in paragraph 7 (c) or (d) are to be applied for those purposes;
or
(b) a reduction in the funds allocated for the purposes of one of the
related programs and a corresponding increase in the funds allocated for the
purposes of any other of those programs.
(8) In subsection (7), "related programs" means:
(b) the program referred to in paragraph 7 (c); and
(c) the program referred to in paragraph 7 (d).
(9) Where a variation of a plan is approved by the Minister after the plan
has come into force, the plan as so varied shall continue in force after the
variation is so approved, as if the plan had originally been approved by the
Minister as so varied.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 10
Report on TCF industries' matter etc.
SECT
10. (1) The Minister may, by notice in writing delivered to the Chairperson,
request the Authority to consider, and prepare and give to the Minister a
report on:
(a) a TCF industries' matter specified in the notice; or
(b) the progress made in a TCF industry specified in the notice, during the
period specified in the notice, towards the achievement of the objectives of
such of the policies of the Commonwealth Government with respect to TCF
industries as are specified in the notice.
(2) The Authority shall comply with a request under subsection (1) as soon
as it is practicable to do so.
(3) The Authority may, on its own motion, consider, and prepare and give to
the Minister a report on:
(a) any TCF industries' matter; or
(b) the progress made in any TCF industry, during a particular period,
towards the achievement of the objectives of any of the policies of the
Commonwealth Government with respect to TCF industries.
(4) Without limiting the generality of subsection (3), the Authority may:
(a) prepare and give to the Minister a report on any instance that it
considers is an instance of failure by a person involved in any of the TCF
industries to act consistently with the policies of the Commonwealth
Government with respect to those industries; and
(b) where it considers it appropriate to do so, recommend to the Minister
that the whole or part of a report referred to in paragraph (a) be published.
(5) Where the Authority recommends under paragraph (4) (b) that a report, or
a part of a report, referred to in paragraph (4) (a) be published, the
Authority shall, before giving the report to the Minister, notify any person
to whom the report relates of:
(a) the contents of the report or of that part of the report; and
(b) the recommendation of the Authority.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 11
Annual report
SECT
11. (1) Subject to subsection (2), the Authority shall, not later than 6
months after the end of each financial year, prepare and give to the Minister
a report on the activities of the Authority during the financial year.
(2) The first report prepared by the Authority shall relate to the period
commencing on the commencement of this Act and ending on 30 June 1988.
(3) The Minister shall cause a copy of a report given under subsection (1)
or (2) to be laid before each House of the Parliament within 15 sitting days
of that House after the day on which the Minister received the report.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 13
Powers
SECT
13. In addition to any other power conferred on it by this Act, the
Authority has power to do all things necessary or convenient to be done for or
in connection with the performance of its functions.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - PART III
PART III - CONSTITUTION AND MEETINGS OF AUTHORITY
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 14
Membership of Authority
SECT
14. (1) The Authority shall consist of:
(a) the Chairperson; and
(b) not more than 5 other members.
(2) A member of the Authority:
(a) shall be appointed by the Governor-General;
(b) shall be appointed on a full-time or part-time basis; and
(c) holds office for such period, not exceeding 5 years, as is specified in
the instrument of appointment, but is eligible for re-appointment.
(3) A member holds office on such terms and conditions (if any), in respect
of matters not provided for by this Act, as are determined by the Minister by
instrument in writing.
(4) A person who has attained the age of 65 years shall not be appointed as
a full-time member and a person shall not be appointed as a full-time member
for a period that extends beyond the day on which the person will attain the
age of 65 years.
(5) The appointment of a member is not invalid because of a defect or
irregularity in connection with the member's appointment.
(6) The performance of the functions or the exercise of the powers of the
Authority is not affected because there are vacancies in the membership of the
Authority.
(7) The Chairperson may be referred to as the Chairman or the Chairwoman, as
the case requires.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 15
Outside employment
SECT
15. (1) A member appointed on a full-time basis shall not, except with the
approval of the Minister, engage in paid employment outside the duties of the
office of the member.
(2) A member appointed on a part-time basis shall not engage in any paid
employment that, in the opinion of the Minister, conflicts with the proper
performance of the functions of the member.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 16
Remuneration and allowances
SECT
16. (1) The Chairperson and the other members shall be paid such
remuneration as is determined by the Remuneration Tribunal, but, if no
determination of that remuneration by the Tribunal is in operation, the
members shall be paid such remuneration as is prescribed.
(2) A member shall be paid such allowances as are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 17
Disclosure of interests
SECT
17. (1) A member who has a direct or indirect pecuniary interest in a matter
being considered by the Authority shall, as soon as possible after the
relevant facts have come to the member's knowledge, disclose the nature of the
interest at a meeting of the Authority.
(2) A disclosure under subsection (1) shall be recorded in the minutes of
the meeting of the Authority and the member shall not, unless the Minister or
the Authority otherwise determines:
(a) be present during any deliberation of the Authority with respect to that
matter; or
(b) take any part in any decision of the Authority with respect to that
matter.
(3) For the purposes of the making of a determination by the Authority under
subsection (2) in relation to a member who has made a disclosure under
subsection (1), a member who has a direct or indirect pecuniary interest in
the matter to which the disclosure relates shall not:
(a) be present during any deliberation of the Authority for the purposes of
making the determination; or
(b) take part in the making by the Authority of the determination.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 18
Leave of absence
SECT
18. (1) Subject to section 87E of the Public Service Act 1922, a full-time
member has such recreation leave entitlements as are determined by the
Remuneration Tribunal.
(2) The Minister may:
(a) grant a full-time member leave of absence, other than recreation leave,
on such terms and conditions as to remuneration or otherwise as the Minister
determines; and
(b) grant a part-time member leave to be absent from a meeting or meetings
of the Authority.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 19
Resignation of office
SECT
19. (1) A member may resign his or her office by writing signed by the
member and delivered to the Governor-General.
(2) The Chairperson may resign the office of Chairperson by writing signed
by the Chairperson and delivered to the Governor-General.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 20
Retirement from office
SECT
20. The Governor-General may, with the consent of the member, retire a
member from office on the ground of invalidity.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 21
Termination of appointment
SECT
21. (1) The Governor-General may terminate the appointment of a member for
misbehaviour or physical or mental incapacity.
(2) If a member:
(a) becomes bankrupt, applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with creditors or makes an
assignment of remuneration for the benefit of those creditors;
(b) fails, without reasonable excuse, to comply with an obligation imposed
by section 17;
(c) being a full-time member, is absent, except on leave of absence;
(ca) being a part-time member, is absent, except on leave of absence granted
under paragraph (2) (b), from 3 consecutive meetings of the Authority;
(d) being a member appointed on a full-time basis, engages, without the
approval of the Minister, in any paid employment outside the duties of the
office of the member; or
(e) being a member appointed on a part-time basis, engages in any paid
employment that, in the opinion of the Minister, conflicts with the proper
performance of the functions of the member;
the Governor-General shall terminate the appointment of the member.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 22
Acting appointments
SECT
22. (1) The Minister may appoint a member to act as Chairperson:
(a) during a vacancy in the office of Chairperson, whether or not an
appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Chairperson is absent
from duty or from Australia or is, for any reason, unable to perform the
duties of the office of Chairperson;
but a person appointed to act during a vacancy shall not continue so to act
for more than 12 months.
(2) The Minister may appoint a person to act as a member other than the
Chairperson:
(a) during a vacancy in the office of that member, whether or not an
appointment has previously been made to the office; or
(b) during any period, or during all periods, when that member is absent
from duty or from Australia or is, for any other reason (including the reason
that the member is acting as the Chairperson), unable to perform the duties of
the office of member;
but a person appointed to act during a vacancy shall not continue so to act
for more than 12 months.
(3) Anything done by or in relation to a person purporting to act under
subsection (1) is not invalid on the ground that:
(a) the occasion for the person's appointment had not arisen;
(b) there was a defect or irregularity in connection with the person's
appointment;
(c) the person's appointment had ceased to have effect; or
(d) the occasion for the person to act had not arisen or had ceased.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 23
Meetings
SECT
23. (1) The Chairperson shall convene such meetings of the Authority as the
Chairperson considers necessary for the efficient performance of the
Authority's functions.
(2) Meetings shall be held at such places as the Chairperson determines.
(3) The Chairperson shall preside at all meetings at which he or she is
present.
(4) Where the Chairperson is not present at a meeting, the members present
shall appoint one of their number to preside at the meeting.
(5) Subject to this Act, the person presiding at a meeting may give
directions regarding the procedure to be followed at or in connection with
that meeting.
(6) At a meeting:
(a) 3 members constitute a quorum;
(b) all questions shall be decided by a majority of votes of the members
present and voting; and
(c) the person presiding has a deliberative vote and, in the event of an
equality of votes, also has a casting vote.
(7) Where a majority of the members sign a document containing a statement
that they are in favour of a resolution in terms set out in the document, a
resolution in those terms shall be deemed to have been passed at a duly
constituted meeting of the Authority held on the day on which the document was
signed, or, if the members sign the document on different days, on the last of
those days.
(8) For the purposes of subsection (7), 2 or more separate documents
containing statements in identical terms each of which is signed by one or
more members shall together be deemed to constitute one document containing a
statement in those terms signed by those members on the respective days on
which they signed the separate documents.
(9) A member shall not sign under subsection (7) a document containing a
statement in fvour of a resolution if the resolution is in respect of a matter
in which the member has a direct or indirect pecuniary interest.
(10) The Authority shall keep records of its meetings.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - PART IV
PART IV - INDUSTRIES DEVELOPMENT STRATEGY PROGRAMS
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - DIVISION 3
Division 3 - International Competitiveness Incentive Program
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 36
Application of Division
SECT
36. This Division applies in relation to the program referred to in
paragraph 7 (c).
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 37
Applications for financial assistance
SECT
37. (1) An application for financial assistance under the program shall be
made in writing to the Authority.
(2) An applicant for financial assistance under the program must submit to
the Authority:
(a) the applicant's business objectives in relation to the production in
Australia of TCF products; and
(b) the applicant's plans for achieving those objectives in terms of:
(i) organisational restructuring;
(ii) investment (including investment in plant and
equipment, manufacturing systems, purpose built buildings, retraining);
(iii) export development;
(iv) import replacement;
(v) raw materials processing; and
(vi) any other matters that in the Authority's opinion
are likely to improve international competitiveness and assist in meeting the
objectives of the Commonwealth Government's plans for TCF industries; and
(c) information on the applicant's ability, at the conclusion of the period
for which assistance would be granted, to be internationally competitive at
Government announced levels of assistance.
(3) A plan submitted by a producer under subsection (2) shall contain
proposals for:
(a) minimising involuntary reductions of employment in the producer's
business; and
(b) consulting trade unions and employees.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 38
Assessment of financial viability of business plans
SECT
38. (1) The Authority may, if it considers it necessary, refer a business
plan submitted by an applicant for financial assistance under the program to a
suitably qualified person for an assessment of the plan's financial viability.
(2) Before referring a plan for assessment under subsection (1), the
Authority shall obtain the approval of the applicant.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 39
Approval of applications
SECT
39. Where the Authority is satisfied that the plan submitted by an applicant
for assistance under the program:
(a) satisfies the criteria referred to in section 37; and
(b) is financially viable;
the Authority may, subject to section 40, approve in writing the grant to the
applicant of financial assistance, at such rate, and for such period
commencing on the date of the approval, as are specified in the approval.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 40
Financial assistance - rate at which, and period during which, payable
SECT
40. (1) Except where subsection (2) applies, the Authority may approve a
grant of financial assistance to an applicant under the program, at such rate,
and for such period, not exceeding 2 years, as the Authority determines.
(2) Where, before the approval of a grant of financial assistance to an
applicant under section 39, the Minister, on the recommendation of the
Authority, approves in writing:
(a) a period exceeding 2 years but not exceeding 3 years as the period
during which the applicant may receive assistance under the program; and (b)
that in respect of so much of that period as exceeds 2 years, the assistance
so granted be at such rate as is specified in the approval;
the Authority may approve a grant of financial assistance to the applicant,
for such period as the Minister has approved, at the following rates:
(c) in respect of the first 2 years of the period - such rate as the
Authority determines;
(d) in respect of the remainder of the period - such rate as has been
approved by the Minister.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - DIVISION 4
Division 4 - Other Program
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 41
Application of Division
SECT
41. This Division applies in relation to the program referred to in
paragraph 7 (d).
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 42
Arrangements with other bodies
SECT
42. (1) The Authority may:
(a) make arrangements with such bodies as the Authority thinks appropriate
in relation to the participation of those bodies in the implementation of the
program; and
(b) make payments to any body in accordance with those arrangements.
(2) The arrangements may include arrangements under which a body is to:
(a) subscribe for or otherwise acquire shares in, or debentures or other
securities of, a company; or
(b) underwrite issues of shares in, or debentures or other securities of, a
company; or
(c) lend money, whether on security or otherwise.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 43
Assistance under program and criteria for eligibility
SECT
43. (1) The Authority shall determine, and take such steps as it considers
necessary to publicise:
(a) the types of assistance provided under the program; and
(b) the criteria subject to which an applicant for assistance is eligible
for assistance of each type.
(2) The Authority:
(a) may vary the types of assistance provided under the program or the
criteria relevant to any type of assistance; and
(b) shall cause any such variations to be publicised in such manner as it
determines.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 44
Applications for, and grant of, assistance
SECT
44. (1) An applicant for assistance under the program shall:
(a) make an application in writing:
(i) if the assistance is, in accordance with arrangements made
under paragraph 42 (a), administered by a body other than the Authority - to
that other body; or
(ii) if subparagraph (i) does not apply - to the Authority; and
(b) provide the Authority or that other body with all information requested
by the Authority or other body, being information reasonably required for the
purposes of the application.
(2) An applicant for assistance under the program may be granted such
assistance if the applicant satisfies the criteria for eligibility relevant to
that type of assistance.
(3) Any financial assistance granted under the program shall be in such
amount as is determined by the Authority or the body administering the
assistance as the case may be.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - PART V
PART V - CONDUCT OF FORMAL INQUIRIES
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 45
Procedure at inquiries
SECT
45. (1) Subject to subsection (2), an inquiry shall be held in public.
(2) The Authority may hold the whole or part of an inquiry in private if, in
the opinion of the Authority, the circumstances are such that it is necessary
or desirable to do so.
(3) Where proceedings are held in private, the Authority may inform itself
on any matter in such manner as it sees fit.
(4) Where proceedings are held in public:
(a) evidence in the proceedings shall, subject to this subsection, be taken
on oath or affirmation;
(b) the Authority may, if it thinks fit, permit a person appearing as a
witness to give evidence by tendering, and verifying by oath or affirmation, a
written statement;
(c) the Authority may, if it thinks fit, permit a person to give evidence by
sending to the Authority a written statement, verified in such manner as the
Authority directs; and
(d) where evidence is given by a written statement in accordance with
paragraph (b) or (c), the Authority shall make available to the public in such
manner as it thinks fit the contents of the statement, other than any matter:
(i) that the person who gave the evidence objects to being made
public; and
(ii) the evidence of which the Authority is satisfied would have
been taken in private if that evidence had been given orally and the witness
had objected to giving it in public.
(5) Subject to this section:
(a) the procedure to be followed at an inquiry is within the discretion of
the Authority; and
(b) the Authority is not bound by the rules of evidence.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 46
Power to administer oath or affirmation
SECT
46. The Chairperson may administer an oath or affirmation to a person
appearing as a witness.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 47
Protection of members and witnesses
SECT
47. (1) A member has, in the exercise of powers and the performance of
duties and functions as a member in relation to an inquiry, the same
protection and immunity as a Justice of the High Court.
(2) Subject to this Part, a person appearing as a witness has the same
protection and is subject to the same liabilities, as a witness in proceedings
in the High Court.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 48
Powers of Authority in relation to documents produced
SECT
48. (1) A member or a member of the staff assisting the Authority may
inspect any books or documents furnished to the Authority for the purposes of
the performance of its functions under this Part or produced at an inquiry and
may make copies of, or take extracts from, those books or documents.
(2) A book or document so furnished may be retained by the Authority for
such reasonable period as is necessary for the purposes of the Authority, but
during that period the Authority shall permit a person otherwise entitled to
possession of the book or document to inspect, make copies of and take
extracts from the book or document at such places and times as the Authority
thinks appropriate.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 49
Witness prejudiced in employment
SECT
49. (1) An employer shall not:
(a) dismiss an employee from his or her employment, or prejudice an employee
in his or her employment, because the employee has appeared as a witness, or
has given any evidence, at an inquiry; or
(b) dismiss or threaten to dismiss an employee from his or her employment,
or prejudice or threaten to prejudice an employee in his or her employment,
because the employee proposes to appear as a witness or to give evidence at an
inquiry.
Penalty:
(a) in the case of a natural person - $1,000 or imprisonment for 2 weeks, or
both; or
(b) in the case of a body corporate - $5,000.
(2) In proceedings for an offence against subsection (1), if all the
relevant facts and circumstances, other than the reason of an action alleged
in the charge, are proved, it lies upon the defendant to establish that the
action was not taken for that reason.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - PART VI
PART VI - STAFF AND CONSULTANTS
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 50
Staff
SECT
50. (1) Subject to sections 51 and 52, the staff required to assist the
Authority in the performance of its functions shall be persons appointed or
employed under the Public Service Act 1922.
(2) The Chairperson has all the powers of, or exercisable by, a Secretary of
a Department of the Australian Public Service under the Public Service Act
1922, so far as those powers relate to the branch of the Australian Public
Service comprising the staff referred to in subsection (1), as if that branch
were a separate Department of the Australian Public Service.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 51
Arrangements relating to staff
SECT
51. (1) The Authority may arrange with the Secretary of a Department of the
Australian Public Service, or with a body established by an Act, for the
services of officers or employees of that Department or of that body to be
made available to the Authority.
(2) The Authority may enter into an arrangement with the appropriate
authority of a State for the services of officers or employees of the Public
Service of the State, or of a body established for a public purpose by or
under a law of a State, to be made available to the Authority.
(3) While a person is performing services for the Authority under an
arrangement under this section, that person shall perform his or her functions
and duties in accordance with the directions (if any) of the Authority or of
the Chairperson and not otherwise.
(4) In this section, "State" includes the Northern Territory.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 52
Engagement of consultants
SECT
52. (1) The Authority may engage as consultants to the Authority persons
having suitable qualifications and experience.
(2) The terms and conditions of engagement of the persons engaged under
subsection (1) are such as are determined by the Authority.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - PART VII
PART VII - MISCELLANEOUS
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 53
Offences
SECT
53. (1) A person shall not, in or in connection with an application under
section 37 or 44, make to the Authority, or to a person or body having duties
or functions under this Act, a statement, whether oral or in writing, or
present to the Authority or to such a person or body a book, record or
document, knowing it to be false or misleading in a material particular.
Penalty:
(a) in the case of a natural person - $2,000 or imprisonment for 1 month, or
both; or
(b) in the case of a body corporate - $10,000.
(2) For the purposes of the application of subsection (1) in relation to a
body corporate, but without prejudice to the liability of any person other
than the body corporate:
(a) a statement made, or a book, record or document presented, by a person
acting on behalf of the body corporate shall be deemed to be made or presented
by the body corporate; and
(b) the knowledge of any person employed by, or concerned in the management
of, the body corporate, shall be deemed to be the knowledge of the body
corporate.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 54
Recovery of grant on conviction
SECT
54. (1) Where a person is convicted of an offence against subsection 53 (1),
the court may, in addition to imposing a penalty under that subsection, order
the person to refund to the Commonwealth the amount of any grant (other than a
loan) made to the person that, but for the commission of the offence, would
not have been made.
(2) Where:
(a) a court makes an order under subsection (1) ordering a person to refund
an amount to the Commonwealth; and
(b) the court has civil jurisdiction to the extent of the amount;
the order is enforceable in all respects as a final judgment of the court in
favour of the Commonwealth.
(3) Where:
(a) a court makes an order under subsection (1) ordering a person to refund
an amount to the Commonwealth; and
(b) the court:
(i) does not have civil jurisdiction; or
(ii) has civil jurisdiction, but does not have civil jurisdiction to
the extent of the amount;
the proper officer of the court shall issue to the Secretary to the Department
a certificate in the prescribed form containing the prescribed particulars.
(4) The certificate may, in the prescribed manner and subject to the
prescribed conditions (if any), be registered in a court having civil
jurisdiction to the extent of the amount ordered to be refunded to the
Commonwealth.
(5) Upon registration under subsection (4), the certificate is enforceable
in all respects as a final judgment of the court in favour of the
Commonwealth.
(6) The costs of registration of the certificate and other proceedings under
this section shall, subject to the prescribed conditions (if any), be deemed
to be payable under the certificate.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 55
Recovery of amount paid as a result of false statement etc.
SECT
55. Where an applicant for a grant has received an amount of grant (other
than a loan) under a program referred to in paragraph 7 (c) or (d) as a result
of the making of a statement, or the presentation of a book, record or
document by or on behalf of the applicant that was, whether or not to the
knowledge of the applicant or the person making the statement or presenting
the book, record or document, false or misleading, an amount equal to the
amount so granted is, unless a court has made an order under section 54 in
respect of that amount, recoverable by the Commonwealth from the producer in a
court of competent jurisdiction as a debt due to the Commonwealth.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 56
Evidence of payment
SECT
56. For the purposes of sections 54 and 55, a certificate under the hand of
the Chairperson that an amount of grant has been paid in consequence of the
making of a statement or the presentation of a book, record or document, is
prima facie evidence of the matters stated in the certificate.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 57
Authority may supply information
SECT
57. Subject to section 58, the Authority may, in its discretion, supply to a
person information received by it under this Act.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 58
Confidentiality
SECT
58. (1) The Authority, a member of the Authority or a member of the staff of
the Authority shall not supply information to a person if the supplying of the
information would constitute a breach of confidence.
(2) Subsection (1) does not apply to anything done as required or permitted
by law.
(3) Subsection (1) does not apply to the supply of information to:
(a) the Minister;
(b) the Secretary to the Department; or
(c) an officer of the Department designated, in writing, by the Secretary to
the Department.
(4) In subsection (1), "member of the staff of the Authority" means:
(a) a member of the staff referred to in subsection 50 (1);
(b) a person engaged as a consultant under section 52; or
(c) a person whose services are being made available to the Authority in
accordance with arrangements under section 51.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 59
Department may supply information or documents
SECT
59. (1) The Department may, in its discretion, supply to the Authority
information, or a document, that has been supplied to the Department in the
course of any administrative action taken for the purpose of monitoring,
reporting on, a TCF industry.
(2) The supply of information or a document by the Department under
subsection (1) shall not be taken to constitute an authorisation or approval,
for the purposes of the law relating to defamation or breach of confidence, of
the publication by the Authority of the information, or of the document or its
contents, as the case may be.
(3) The supply of a document by the Department under subsection (1) shall
not be taken to constitute an authorisation or approval, for the purposes of
the law of copyright, of the doing by the Authority of any act comprised in
the copyright in any work or other subject-matter contained in the document.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 60
Appropriation
SECT
60. Any financial assistance under this Act shall be provided out of money
appropriated by Parliament for the purpose.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 61
Delegation by Authority
SECT
61. (1) The Authority may, by resolution:
(a) delegate to a member;
(b) delegate to a member of the staff of the Authority; or
(c) with the approval of the Minister - delegate to any other person or
body;
all or any of the Authority's powers under this Act.
(2) A delegation of a power under this section:
(a) may be revoked by a resolution of the Authority (whether or not
constituted by the persons constituting the Authority at the time the power
was delegated); and
(b) continues in force notwithstanding a change in the membership of the
Authority.
(3) Section 34A of the Acts Interpretation Act 1901 applies in relation to a
delegation under this section as if the Authority were a person.
(4) A certificate signed by the Chairperson stating any matter with respect
to a delegation of a power under this section is prima facie evidence f that
matter.
(5) A document purporting to be a certificate mentioned in subsection (4)
shall, unless the contrary is established, be deemed to be such a certificate
and to have been duly given.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 62
Regulations
SECT
62. The Governor-General may make regulations, not inconsistent with this
Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
TEXTILES, CLOTHING AND FOOTWEAR DEVELOPMENT AUTHORITY ACT 1988 - SECT 63
Termination of Act
SECT
63. On the expiration of 29 February 1996, this Act shall cease to have
effect.
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