Textile, Clothing and Footwear Strategic Investment Program Scheme Amendment 2003 (No. 1)

Administered by Department of Industry, Science and Resources

Legislation au F2003B00200 Not in force Legislative Instrument

Legislation content

Textile, Clothing and Footwear Strategic Investment Program Scheme Amendment 2003 (No. 1)

I, NICHOLAS HUGH MINCHIN, Minister for Finance and Administration, make this instrument under sections 8 and 34 of the Textile, Clothing and Footwear Strategic Investment Program Act 1999.

Dated 21 July 2003

NICK MINCHIN

Minister for Finance and Administration
for the Minister for Industry, Tourism and Resources

 

1 Name of instrument

  This instrument is the Textile, Clothing and Footwear Strategic Investment Program Scheme Amendment 2003 (No. 1).

2 Commencement

  This instrument commences on gazettal.

3 Amendment of Textile, Clothing and Footwear Strategic Investment Program Scheme 1999

  Schedule 1 amends the Textile, Clothing and Footwear Strategic Investment Program Scheme 1999.

Schedule 1 Amendments

(section 3)

 

[1] Section 3, definition of ACN

omit

Corporations Law.

insert

Corporations Act 2001.

[2] Section 3, definition of auditor

substitute

auditor means an independent auditor registered under Division 2 of Part 9.2 of the Corporations Act 2001.

[3] Section 3, definition of eligible TCF product

substitute

eligible TCF product means a product resulting directly and predominantly from an eligible TCF activity mentioned in paragraph 5 (1) (a) (other than an activity carried on in relation to a prescribed product within the meaning of section 5) or paragraph 5 (1) (e).

[4] Section 3, after definition of pre-program year

insert

product development activity has the meaning given by section 16.

[5] Paragraph 5 (1) (b)

omit

in connection with, or incidental to,

insert

in respect of

[6] Paragraph 5 (1) (c)

omit

in connection with, or incidental to,

insert

in respect of

[7] Paragraph 5 (1) (d)

omit

in connection with, or incidental to,

insert

in respect of

[8] Subsection 5 (2A)

substitute

 (2A) Also, despite subsection (1), each of the following activities is not an eligible TCF activity:

 (a) the manufacture of hides or leather used, or intended to be used, in motor vehicles;

 (b) an activity carried on in connection with, or incidental to, the design for manufacture of hides or leather used, or intended to be used, in motor vehicles;

 (c) an ancillary activity carried on in connection with, or incidental to, a manufacturing activity mentioned in paragraph (a);

 (d) an ancillary activity carried on in connection with, or incidental to, a design activity mentioned in paragraph (b);

 (e) the manufacture of a prescribed product;

 (f) an activity that is carried on in respect of the design for manufacture of a prescribed product;

 (g) an ancillary activity carried on in respect of a manufacturing activity to which paragraph (e) applies;

 (h) an ancillary activity carried on in respect of a design activity to which paragraph (f) applies.

[9] Subsection 5 (3)

substitute

 (3) In this section:

ancillary activity means:

 (a) an early-stage processing activity of a kind mentioned in Part F of Schedule 1; or

 (b) a warehousing and distribution activity.

prescribed product means any of the following:

 (a) disposable baby napkins;

 (b) sanitary napkins;

 (c) panty liners;

 (d) disposable bed protectors;

 (e) disposable incontinence products.

[10] Subsection 14 (1)

omit

in connection with, or incidental to,

insert

that is directly attributable to

[11] Subsection 16 (1)

omit

in connection with, or incidental to,

insert

that is directly attributable to

[12] Paragraph 29 (1) (a)

omit

in connection with, or incidental to,

insert

in relation to

[13] Subsection 29 (2)

omit

by the resultant entity in connection with, or incidental to,

insert

incurred by the resultant entity in relation to

[14] Paragraph 31 (5) (g)

omit

Corporations Law,

insert

Corporations Act 2001,

[15] Paragraph 32 (4) (a)

omit

Corporations Law,

insert

Corporations Act 2001,

[16] Subparagraph 32 (4) (a) (ii)

omit

Corporations Law,

insert

Corporations Act 2001,

[17] Paragraph 51S (2) (b)

substitute

 (b) the total amount of eligible expenditure for regular advances of Type 1 and Type 2 grants:

 (i) incurred by the entity in previous program years; and

 (ii) in respect of which the entity has made a claim; and

 (iii) in respect of which, because of the operation of section 79, a grant has not been paid.

[18] Subsection 51T (2)

substitute

 (2) In subsection (1):

relevant eligible expenditure means eligible expenditure:

 (a) that has not been taken into account in the payment of any regular advance; and

 (b) in respect of which, if the entity has made a claim, a grant has not been paid because of the operation of section 80.

[19] Subparagraph 66 (b) (i)

after

entity

insert

under this Division

[20] Subparagraph 66 (b) (ii)

after

entity

insert

under this Division

[21] Subparagraph 66 (b) (iii)

after

entity

insert

under this Division

[22] Paragraph 69 (6) (b)

omit

30 (2)

insert

30 (4)

[23] Subsection 91 (2), except the note

substitute

 (2) However, an entity does not fail to fulfil the condition if:

 (a) the entity acquires similar new plant or equipment with improved performance to replace the original plant or equipment, and uses the original plant or equipment as a trade-in on the new plant or equipment; or

 (b) the entity disposes of the plant or equipment by private sale and acquires similar new plant or equipment with improved performance to replace the original plant or equipment; or

 (c) the entity disposes of the plant or equipment as a result of a sale and lease back arrangement financed through a financial lease, and the plant or equipment is capitalised in the entity’s accounts.

[24] Schedule 1, Part A, category 4

after

other textiles

insert

except wool tops

 

Overview

The Textile, Clothing and Footwear Strategic Investment Program Scheme Amendment 2003 (No. 1) is a legislative instrument made under sections 8 and 34 of the Textile, Clothing and Footwear Strategic Investment Program Act 1999. This amendment was enacted to refine the definitions, eligibility criteria, and operational parameters of the original scheme, which was established to provide strategic investment support to the textile, clothing, and footwear sectors in Australia. The objective of this amendment is to enhance the clarity and effectiveness of the scheme by updating references to align with the Corporations Act 2001 and by excluding certain activities from the scope of eligible activities. This legislative instrument, dated 21 July 2003 and made by the Minister for Finance and Administration, ensures that the program remains relevant and targeted, thereby better serving the needs of the industries it supports.

Scope and Application

The Textile, Clothing and Footwear Strategic Investment Program Scheme Amendment 2003 (No. 1) amends the Textile, Clothing and Footwear Strategic Investment Program Scheme 1999, impacting entities involved in the textile, clothing, and footwear industries. This amendment applies to any business or entity involved in eligible textile, clothing, and footwear (TCF) activities, including manufacturing, product development, and ancillary services. It is designed to refine the eligibility criteria for investment support under the scheme, excluding certain activities related to motor vehicles and specific disposable products from being considered as eligible TCF activities. The amendment also updates references to the Corporations Act 2001 and adjusts definitions and conditions relevant to the program. The legislative instrument operates nationally, as it amends a Commonwealth scheme, and the changes are effective from the date of gazette. The Act does not specify exclusions or thresholds but allows for further specification through subordinate instruments.

Key Provisions

The Textile, Clothing and Footwear Strategic Investment Program Scheme Amendment 2003 (No. 1) amends the Textile, Clothing and Footwear Strategic Investment Program Scheme 1999, introducing several key changes to the definitions and scope of eligible activities and products. Section 3 of the amended Scheme redefines several terms: "ACNomitCorporations Law" is replaced with "Corporations Act 2001," "auditor" is replaced with "auditor means an independent auditor registered under Division 2 of Part 9.2 of the Corporations Act 2001," and "eligible TCF product" is defined as a product resulting directly and predominantly from an eligible TCF activity. Additionally, the definition of "product development activity" is incorporated from section 16. The eligibility criteria for TCF activities have been revised to exclude certain activities related to motor vehicles and prescribed products, as detailed in paragraph 5(2A). These changes ensure that the activities supported by the Program align with the intended objectives and exclude activities not relevant to the textile, clothing, and footwear sectors. The amended Scheme imposes several obligations on entities participating in the Textile, Clothing and Footwear Strategic Investment Program. These entities must ensure that their activities and expenditures align with the newly defined terms and eligibility criteria. For instance, they must accurately identify and classify their activities as eligible TCF activities and ensure that their products meet the criteria for eligible TCF products. Entities must also ensure compliance with the new definitions of "auditor" and "Corporations Act 2001" when engaging auditors and interpreting legal requirements. Furthermore, entities must demonstrate that their activities are directly attributable to the Program's objectives, as specified in various subsections of the amended Scheme. These obligations ensure that the Program's resources are used effectively and in accordance with its legislative intent. Breach of the provisions outlined in the amended Scheme may result in civil and criminal consequences. While the specific penalties are not detailed in the legislative instrument, breaches of similar schemes typically incur fines and potential legal actions under the Corporations Act 2001. For instance, misrepresenting eligibility or engaging in activities that do not align with the Program's objectives could result in financial penalties and legal sanctions. Entities found to be in breach may also face reputational damage and loss of eligibility for future funding. It is essential for participating entities to adhere strictly to the amended definitions and eligibility criteria to avoid any adverse consequences.

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