EXPLANATORY STATEMENT
Issued by the authority of the Minister for Trade
Australian Trade Commission Legislation Amendment Act 2006
Proclamation
The Australian Trade Commission Legislation Amendment Act 2006 (the Act) makes changes to the governance arrangements for the Australian Trade Commission (Austrade) to give effect to the Government’s response to the Review of the Corporate Governance of Statutory Authorities and Office Holders conducted by Mr John Uhrig, AC.
Part 1 of Schedule 1 to the Act makes changes to the governance arrangements for Austrade by making amendments to the Australian Trade Commission Act 1985. Other items in Schedules 1 and 2 to the Act make consequential amendments to other Acts and enact transitional provisions for the effective ongoing operation of Austrade.
Subsection 2(1) of the Act provides that Part 1 of Schedule 1 to the Act commences on a day to be fixed by Proclamation. If any of the provisions of Part 1 of Schedule 1 do not commence within a period of six months from the day the Act receives the Royal Assent, then those provisions commence on the first day after the end of that six month period.
The other items in Schedules 1 and 2 of the Act commence at the same time as the commencement date of Part 1 of Schedule 1 subject to the date of commencement of the Export Market Development Grants Legislation Amendment Act 2006. This is necessary because of the significant cross-referencing between the Australian Trade Commission Act 1985 and the Export Market Development Grants Act 1997. Both Acts are subject to amendment and have been under consideration by the Parliament concurrently. The commencement Schedule is timed to ensure that regardless of which amendment Act commences first, the resulting amendments in both Acts will accurately reflect the intentions of the amending Acts.
The purpose of the Proclamation is to fix 1 July 2006 as the day on which Part 1 of Schedule 1 to the Act commences. Transitional arrangements for Austrade are proceeding on the basis that the legislation will be proclaimed to commence on 1 July 2006. The proposed commencement date is the date on which Austrade staff will be transferred to employment arrangements under the Public Service Act 1999, become a prescribed agency for the purposes of the Financial Management and Accountability Act 1997, and the governance Board will be abolished and an executive management structure created.
The commencement date will coincide with the financial year to facilitate a smooth transition meeting legislative and administrative reporting requirements.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.