Textile, Clothing and Footwear Strategic Investment Program Amendment Act 2004

Administered by Department of Industry, Science and Resources

Legislation au C2004A01271 In force Act

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Textile, Clothing and Footwear Strategic Investment Program Amendment Act 2004

 

No. 36, 2004

 

 

 

 

 

An Act to amend the Textile, Clothing and Footwear Strategic Investment Program Act 1999, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

4 Application

Schedule 1—Amendments

Textile, Clothing and Footwear Strategic Investment Program Act 1999

 

 

 

Textile, Clothing and Footwear Strategic Investment Program Amendment Act 2004

No. 36, 2004

 

 

 

An Act to amend the Textile, Clothing and Footwear Strategic Investment Program Act 1999, and for related purposes

[Assented to 20 April 2004]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Textile, Clothing and Footwear Strategic Investment Program Amendment Act 2004.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

4  Application

  The amendments made by Schedule 1 to this Act apply in respect of grants made both before and after the commencement of this Act.


Schedule 1—Amendments

 

Textile, Clothing and Footwear Strategic Investment Program Act 1999

1  After paragraph 10(d)

Insert:

 (da) section 14A (which provides an alternative cap for certain grants in respect of TCF valueadding);

2  After section 14

Insert:

14A  Alternative cap for certain grants in respect of TCF value‑adding

 (1) This section sets out a policy objective for the TCF (SIP) Scheme that applies instead of the policy objective in section 14.

The objective

 (2) The objective is that the total of the grants that are made to a section 14A entity in respect of activities that, under the scheme, are taken to be eligible activities carried on by the entity during the entity’s 20032004 income year or 20042005 income year must not exceed the sum of:

 (a) the total grants in respect of new TCF plant/building expenditure made to the entity in respect of amounts that, under the scheme, are taken to be eligible expenditure incurred by the entity during that income year; and

 (b) the total grants in respect of TCF research and development expenditure made to the entity in respect of amounts that, under the scheme, are taken to be eligible expenditure incurred by the entity during that income year; and

 (c) the total special grants in respect of secondhand TCF plant expenditure made to the entity in respect of amounts that, under the scheme, are taken to be eligible expenditure incurred by the entity during that income year.

Cap on grants to which the objective applies

 (3) The TCF (SIP) Scheme must make provision for ensuring that the total of the grants paid in respect of TCF valueadding to section 14A entities in a financial year does not exceed, by more than $3,900,000, the total of the grants in respect of TCF valueadding that would have been made to those entities in the financial year if the policy objective in section 14 had applied instead of the policy objective in this section.

Section 14A entities

 (4) In this section:

section 14A entity means an entity:

 (a) that carries on, in Australia, the following leather and leather product manufacturing activities:

 (i) post full substance activities (including sammying, splitting, shaving, tanning, currying, dressing, dyeing, embossing or japanning leather, animal skins or fur);

 (ii) fur dressing and dyeing;

 (iii) hide and skin tanning, currying, dressing, crusting, dyeing or finishing;

 (iv) leather manufacturing;

 (v) leather tanning; or

 (b) that manufactures, in Australia, eligible TCF products to which any of the following headings of Schedule 3 to the Customs Tariff Act 1995 apply:

 (i) heading 5601 of Chapter 56;

 (ii) heading 5602 of Chapter 56;

 (iii) heading 5603 of Chapter 56;

 (iv) heading 5911 of Chapter 59.

 

 

[Minister’s second reading speech made in—

House of Representatives on 18 February 2004

Senate on 10 March 2004]

(12/04)

 

Overview

The Textile, Clothing and Footwear Strategic Investment Program Amendment Act 2004 was enacted by the Parliament of Australia to amend the Textile, Clothing and Footwear Strategic Investment Program Act 1999. This legislation introduces changes to the existing scheme by providing an alternative cap for certain grants in respect of textile, clothing, and footwear (TCF) value-adding. The policy objective of this amendment is to ensure that the total of grants made to certain entities for activities related to TCF value-adding does not exceed the sum of grants for new TCF plant/building expenditure, TCF research and development expenditure, and special grants for second-hand TCF plant expenditure incurred by those entities during specified income years. The amendments apply to grants made both before and after the commencement of the Act. This Act aims to provide a more tailored approach to grant allocation within the TCF industry, supporting entities involved in leather and leather product manufacturing and eligible TCF product manufacturing in Australia.

Scope and Application

The Textile, Clothing and Footwear Strategic Investment Program Amendment Act 2004 amends the Textile, Clothing and Footwear Strategic Investment Program Act 1999 to introduce new policy objectives and eligibility criteria for grants under the program. This Act applies to entities carrying on specific leather and leather product manufacturing activities in Australia, as well as entities that manufacture eligible textile, clothing, and footwear products. The amendments introduced by the Act apply to both pre-existing and future grants made under the Textile, Clothing and Footwear Strategic Investment Program. The Act does not specify any exclusions or exemptions, but it does set a cap on the total grants paid in respect of TCF value-adding to section 14A entities in a financial year, ensuring that the total does not exceed the specified amount. The application of the Act can be further refined through subordinate instruments, which can provide additional details or modify the application of the legislation as needed.

Key Provisions

The Textile, Clothing and Footwear Strategic Investment Program Amendment Act 2004 (Act) amends the Textile, Clothing and Footwear Strategic Investment Program Act 1999 (1999 Act). The primary changes introduced by the Act include the insertion of a new section 14A (paragraph 1(da)) and the addition of section 14A itself. Section 14A (subsection (1)) establishes an alternative cap for certain grants in respect of textile, clothing and footwear (TCF) value-adding. This cap applies instead of the policy objective outlined in section 14 of the 1999 Act. The Act imposes specific obligations and requirements on entities eligible for grants under the TCF Strategic Investment Program (SIP) Scheme. For entities that fall under section 14A, the total amount of grants they receive for TCF value-adding activities during the 2003-2004 or 2004-2005 income years must not exceed the sum of grants for new TCF plant and building expenditure, TCF research and development expenditure, and special grants for second-hand TCF plant expenditure incurred during those years (subsection (2)). Additionally, section 14A requires the scheme to ensure that the total grants for TCF value-adding to section 14A entities in a financial year do not exceed by more than $3,900,000 the total grants that would have been made if the policy objective in section 14 had applied (subsection (3)). Entities eligible for grants under section 14A are defined as those carrying out specified leather and leather product manufacturing activities in Australia or those manufacturing eligible TCF products within certain tariff headings (subsection (4)). This delineation ensures that only those entities engaged in specific activities qualify for the alternative grant cap. The Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of its provisions. However, it is reasonable to infer that any breach of the conditions set out in section 14A or other provisions could lead to administrative actions, including the recovery of improperly granted funds or other sanctions as provided under the broader legislative framework of the 1999 Act or relevant administrative law.

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