Textile, Clothing and Footwear Strategic Investment Program Scheme Amendment 2004 (No. 1)
I, IAN ELGIN MACFARLANE, Minister for Industry, Tourism and Resources, make this instrument under sections 8 and 34 of the Textile, Clothing and Footwear Strategic Investment Program Act 1999.
Dated 24 May 2004
IAN MACFARLANE
Minister for Industry, Tourism and Resources
1 Name of instrument
This instrument is the Textile, Clothing and Footwear Strategic Investment Program Scheme Amendment 2004 (No. 1).
2 Commencement
This instrument commences on the date of its notification in the Gazette.
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 66
omit
The total
insert
Subject to section 68B, the total
[2] After section 68A
insert in Subdivision 5.2.1
68B Special cap arrangements: section 14A entities
(1) For section 14A of the Act, this section applies to Type 3 grants for a section 14A entity in respect of TCF value added by the entity during the 2003/2004 and 2004/2005 program years.
Note Section 14A entity is defined in subsection 14A (4) of the Act as follows:
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.
(2) The total of Type 3 grants to which this section applies made to a section 14A entity in respect of TCF value added by the entity during a program year must not exceed the sum of:
(a) the total of Type 1 grants made to the entity under this Division for the program year; and
(b) the total of Type 2 grants made to the entity under this Division for the program year; and
(c) the total of Type 4 grants made to the entity under this Division for the program year.
(3) The total of Type 3 grants paid to section 14A entities in each of the 2004/2005 and 2005/2006 financial years must not exceed by more than $3 900 000 the total of the interim amounts payable in that year to those entities.
(4) If a section 14A entity makes a request under section 75 of this Scheme for the determination and payment of a claim for a Type 3 grant to which this section applies:
(a) the interim amount payable to the entity may be paid to the entity as if this section did not apply; and
(b) any additional amount claimed under section 75 to which this section applies is to be paid as a supplementary payment to the entity after all claims from entities affected by this section are modulated.
(5) If the total of the additional amounts claimed by section 14A entities in a financial year to which this section applies exceeds $3 900 000, each claim for an additional amount payable in that financial year must be modulated in accordance with the following formula
where:
AC is the additional amount for the particular claim.
TG is the total of the additional amounts that, but for the operation of subsection (3), would have been payable to entities under this section.
(6) For subsection (4):
(a) a supplementary payment for the 2003/2004 program year must be paid in June 2005, and before 10 June 2005; and
(b) a supplementary payment for the 2004/2005 program year must be paid in June 2006, and before 10 June 2006.
(7) In this section:
additional amount, for an entity for a financial year, means the amount claimed by the entity under this section that exceeds the interim amount for the entity for that year.
interim amount, for an entity for a financial year, means the amount that, but for this section, would have been payable to the entity under section 66 of this Scheme for that year.
modulated means modulated in accordance with subsection (5).