Textiles, Clothing and Footwear Development Authority Amendment Act 1991 (Cth)

Textiles, Clothing and Footwear Development Authority Amendment Act 1991

No. 207 of 1991

An Act to amend the Textiles, Clothing and Footwear Development Authority Act 1988

[Assented to 24 December 1991]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the Textiles, Clothing and Footwear Development Authority Amendment Act 1991.

(2) In this Act, "Principal Act" means the Textiles, Clothing and Footwear Development Authority Act 19881.

Commencement

2.(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.

(2) Section 3 is taken to have commenced on 9 March 1990.

(3) The remaining provisions of this Act are taken to have commenced on 1 July 1991.

3. Section 3 of the Principal Act is repealed and the following section is substituted:

Effect on Industries Commission Act

"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) or subsection 12(3).".

Functions

4. Section 7 of the Principal Act is amended:

(a) by omitting paragraphs (a) and (b);

(b) by omitting from paragraph (c) "substantially";

(c) by omitting paragraph (d) and substituting the following paragraph:

"(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;";

(d) by omitting paragraph (k).

Repeal—policies review

5. Section 12 of the Principal Act is repealed.

Repeal—Divisions 1 and 2 of Part IV

6. Divisions 1 and 2 of Part IV are repealed.

Applications for financial assistance

7. Section 37 of the Principal Act is amended:

(a) by omitting subsection (2) and substituting the following subsection:

"(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.";

(b) by omitting subsection (4).

Arrangements with other bodies

8. Section 42 of the Principal Act is amended by adding at the end the following subsection:

"(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.".

Consequential amendments

9. The Principal Act is further amended as set out in the Schedule.

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SCHEDULE Section 9

CONSEQUENTIAL AMENDMENTS

Subsection 3(2):

Omit "or subsection 12(3)".

Section 4 (definition of "industries development strategy"):

Omit "(a), (b),".

Paragraph 9(1 )(c):

Omit "(a), (b),".

Paragraph 9(7)(a):

Omit "(a), (b),".

Paragraph 9(8)(a):

Omit the paragraph.

Paragraph 9(8)(c):

Omit "subparagraph 7(d)(i)", substitute "paragraph 7(d)".

Heading to Division 4 of Part IV:

Omit the heading, substitute the following heading:

"Division 4—Other Program".

Section 41:

Omit "programs", substitute "program".

Paragraph 42(a):

Omit "a program", substitute "the program".

Subsection 43(1):

Omit ", in respect of each of the programs to which this Division applies,".

Paragraph 43(1)(b):

Omit "a producer", substitute "an applicant for assistance".

Paragraph 43(2)(a):

Omit "a program", substitute "the program".

Subsection 44(1):

Omit "A producer desiring to receive assistance under a", substitute "An applicant for assistance under the".

Subparagraph 44(1)(a)(i):

Omit "program", substitute "assistance".

SCHEDULE—continued

Subsection 44(2):

Omit "a program", substitute "the program".

Subsection 44(3):

(a) Omit "a program", substitute "the program".

(b) Omit "program" (last occurring), substitute "assistance".

Subsection 53(1):

Omit "29,".

Section 55:

(a) Omit "a producer" (first occurring), substitute "an applicant for a grant".

(b) Omit "(a), (b),".

(c) Omit "producer" (second and third occurring), substitute "applicant".

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NOTE

1. No. 14, 1988, as amended. For previous amendments, see No. 69, 1990.

[Minister's second reading speech made in—

Senate on 14 November 1991

House of Representatives on 19 December 1991