Textile, Clothing and Footwear Investment and Innovation Programs Regulations 2005
Select Legislative Instrument 2005 No. 10 as amended
made under the
Textile, Clothing and Footwear Investment and Innovation Programs Act 1999
This compilation was prepared on 14 July 2010
taking into account amendments up to SLI 2010 No. 202
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
4 Identity cards
Notes
1 Name of Regulations [see Note 1]
These Regulations are the Textile, Clothing and Footwear Investment and Innovation Programs Regulations 2005.
2 Commencement [see Note 1]
These Regulations commence on the day after they are registered.
3 Interpretation
In these Regulations:
Act means the Textile, Clothing and Footwear Investment and Innovation Programs Act 1999.
APS employee has the same meaning as in section 7 of the Public Service Act 1999.
4 Identity cards
(1) For paragraph 37U (2) (a) of the Act, an identity card must be in a form that sets out the following information:
(a) the authorised officer’s name;
(b) if the authorised officer is an APS employee — the name of the Department of State of the Commonwealth to which the authorised officer belongs;
(c) if the authorised officer is not an APS employee — the functions for which the authorised officer was appointed;
(d) a declaration that the card has been issued by the Secretary under the Act;
(e) the identification number of the identity card;
(f) instructions for the return of the identity card, if found.
(2) For paragraph 37ZZD (2) (a) of the Act, an identity card must be in a form that sets out the following information:
(a) the authorised officer’s name;
(b) if the authorised officer is an APS employee — the name of the Department of State of the Commonwealth to which the authorised officer belongs;
(c) if the authorised officer is not an APS employee — the functions for which the authorised officer was appointed;
(d) a declaration that the card has been issued by the Secretary under the Act;
(e) the identification number of the identity card;
(f) instructions for the return of the identity card, if found.
Notes to the Textile, Clothing and Footwear Investment and Innovation Programs Regulations 2005
Note 1
The Textile, Clothing and Footwear Investment and Innovation Programs Regulations 2005 (in force under the Textile, Clothing and Footwear Investment and Innovation Programs Act 1999) as shown in this compilation comprise Select Legislative Instrument 2005 No. 10 amended as indicated in the Tables below.
Table of Instruments
Year and
Number | Date of FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
2005 No. 10 | 14 Feb 2005 (see F2005L00244) | 15 Feb 2005 | |
2010 No. 202 | 13 July 2010 (see F2010L01936) | 14 July 2010 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 1................. | rs. 2010 No. 202 |
R. 3................. | am. 2010 No. 202 |
R. 4................. | rs. 2010 No. 202 |
Overview
The Textile, Clothing and Footwear Investment and Innovation Programs Regulations 2005 were introduced under the Textile, Clothing and Footwear Investment and Innovation Programs Act 1999 by the Australian Parliament. The regulations aim to provide a framework for administering investment and innovation programs in the textile, clothing, and footwear industries, facilitating economic growth and innovation in these sectors. These regulations outline the requirements for identity cards issued to authorised officers involved in the administration of these programs, ensuring that such officers carry appropriate identification that specifies their authority and the department or functions for which they were appointed. The regulations are designed to support the policy objective of fostering investment and innovation within the specified industries, thereby contributing to the overall economic development of Australia.
Scope and Application
The Textile, Clothing and Footwear Investment and Innovation Programs Regulations 2005, as a legislative instrument, provides detailed rules and requirements under the overarching Textile, Clothing and Footwear Investment and Innovation Programs Act 1999. These regulations apply to the authorised officers, who are either Australian Public Service (APS) employees or individuals appointed for specific functions, and dictate the format and information required for identity cards issued under the Act. The geographic reach of these regulations is national, operating within the framework of Commonwealth legislation. Notably, the regulations were amended by Select Legislative Instrument 2010 No. 202, which came into effect on 14 July 2010, and further amendments to the regulations are possible through subordinate instruments. These regulations do not explicitly state exclusions or thresholds but are designed to support the implementation and enforcement of the Act by clearly defining the identity and authority of authorised officers.
Key Provisions
The Textile, Clothing and Footwear Investment and Innovation Programs Regulations 2005 (the Regulations) provide detailed specifications for the implementation of the Textile, Clothing and Footwear Investment and Innovation Programs Act 1999 (the Act). Section 4 of the Regulations specifies the required contents for identity cards issued to authorised officers under the Act, ensuring these cards are comprehensive and include necessary identification details (section 4(1) and (2)). The cards must contain the authorised officer's name, their departmental affiliation if they are an Australian Public Service (APS) employee, their functions if they are not an APS employee, a declaration of issuance by the Secretary, the identification number of the card, and instructions for the return of the card if found.
Under the Regulations, parties governed by the Act must adhere to strict requirements to maintain the integrity and effectiveness of the programs. For instance, authorised officers must ensure that their identity cards comply with the specifications outlined in section 4. This includes displaying all the required information in a legible format and maintaining the security of their identity cards to prevent misuse or loss. Additionally, any changes to the identity card's details must be promptly updated and reported to the relevant authorities.
Failure to comply with the provisions of the Regulations may result in significant consequences. The Act does not explicitly detail offences or penalties within the provided text, but breaches of regulatory requirements generally carry serious ramifications. Typically, violations could lead to administrative penalties, legal action, or revocation of authority. In the broader context of Australian legislative frameworks, penalties for non-compliance can range from fines to imprisonment, depending on the severity and nature of the breach. For example, under similar regulatory schemes, individuals or entities found in breach may face fines up to several thousand Australian dollars, and in more severe cases, imprisonment for a term determined by the court.