1Short title [see Note 1]
This Act may be cited as the Australian Trade Commission Legislation Amendment Act 2006.
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Bill homepage (APH)This Act may be cited as the Australian Trade Commission Legislation Amendment Act 2006.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 21 June 2006 |
2. Schedule 1, Part 1 | A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. | 1 July 2006 (see F2006L01897) |
3. Schedule 1, Part 2 | At the same time as the provision(s) covered by table item 2 commence. However, the provision(s) do not commence at all if section 3 of the Export Market Development Grants Legislation Amendment Act 2006 commences before that time. | Does not commence |
4. Schedule 2, Part 1 | At the same time as the provision(s) covered by table item 2. | 1 July 2006 |
5. Schedule 2, Part 2, Division 1 | The later of: (a) the time at which the provision(s) covered by table item 2 commence; and (b) immediately after section 3 of the Export Market Development Grants Legislation Amendment Act 2006 commences. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 July 2006 (paragraph (a) applies) |
6. Schedule 2, Part 2, Division 2 | At the same time as the provision(s) covered by table item 2 commence. However, the provision(s) do not commence at all if section 3 of the Export Market Development Grants Legislation Amendment Act 2006 commences before that time. | Does not commence |
7. Schedules 3 and 4 | At the same time as the provision(s) covered by table item 2. | 1 July 2006 |
This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
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.
Schedule 1—Amendment of the Australian Trade Commission Act 1985
Part 1—Main amendments
Australian Trade Commission Act 1985
1 Part I (heading)
Repeal the heading, substitute:
2 Subsection 3(1)
Repeal the subsection, substitute:
In this Act:
Australia includes the Territories to which this Act extends.
Australian organisation means:
any of the following entities carrying on a business in Australia:
a natural person;
a partnership;
a company incorporated or formed in Australia; or
an authority or body (including a body corporate and a corporation sole):
established for a purpose of the Commonwealth by, or in accordance with the provisions of, a law of the Commonwealth or of the Australian Capital Territory; or
established for a purpose of a State by, or in accordance with the provisions of, a law of the State;
and includes an Agency (within the meaning of the Public Service Act 1999) and a Department of the Public Service of a State, but does not include the Commission.
CEO means the Chief Executive Officer referred to in section 7B.
Commission means the Australian Trade Commission established by section 7.
corporate plan means a plan developed by the CEO in accordance with section 64, and includes such a plan as varied in accordance with section 66.
Department of State, in relation to the Northern Territory, means a Department of that Territory.
overseas development project means a project by way of:
the construction of works; or
the provision of services; or
the design, supply or installation of equipment or facilities; or
the testing in the field of agricultural practices;
(including any necessary preliminary studies, investigations or planning) that is to be carried out in a foreign country.
State includes the Northern Territory.
3 Subsection 3(2)
Repeal the subsection, substitute:
In this Act, a reference to trade between Australia and foreign countries includes a reference to any transaction (including the rendering of a service) involving a consideration in money or money’s worth accruing from a person in the course of carrying on business or other activities outside Australia to a person carrying on business or other activities in Australia.
4 Subsection 3(3)
Repeal the subsection.
5 At the end of section 3
Add:
In any other Act, a reference to an employee of the Australian Trade Commission is a reference to a person engaged by the CEO under section 74 of the Public Service Act 1999.
6 Part II (heading)
Repeal the heading, substitute:
7 Subsections 7(2), (3) and (4)
Repeal the subsections, substitute:
The Commission consists of:
the CEO; and
the staff of the Commission referred to in section 60.
8 After section 7
Insert:
The function of the Commission (other than the CEO) is to assist the CEO in the performance of his or her functions.
9 Before section 8
Insert:
There is to be a Chief Executive Officer of the Commission.
For the appointment, terms and conditions of the CEO, see Division 1 of Part 6.
10 Section 8
Omit “Commission” (wherever occurring), substitute “CEO”.
The heading to section 8 is altered by omitting “Commission” and substituting “the CEO”.
11 Subsection 9(1)
Omit “Commission shall perform its”, substitute “CEO must perform his or her”.
12 Subsection 9(2)
Omit “its functions, the Commission shall”, substitute “his or her functions, the CEO must”.
13 Paragraph 9(2)(a)
Omit “it”, substitute “the CEO”.
14 Subparagraph 9(2)(b)(i)
After “Commission”, insert “and the CEO”.
15 Subparagraph 9(2)(b)(ii)
Omit “its”.
16 After section 9
Insert:
The powers of the CEO may be exercised, on behalf of the Commonwealth, in Australia or elsewhere.
The CEO may charge fees for the provision of services, or the performance of other work, in connection with the performance of his or her functions under this Act.
17 Subsection 10(1)
Omit “Commission”, substitute “CEO”.
18 Subsection 10(1)
Omit “its” (wherever occurring), substitute “his or her”.
19 At the end of subsection 10(1)
Add:
A direction under this section is included in the annual report: see section 92.
20 Subsection 10(2)
Repeal the subsection.
21 Subsection 10(3)
Omit “Commission”, substitute “CEO”.
22 Subsection 10(3)
Omit “or under a scheme approved by the Minister under section 30 of this Act”.
23 Subsection 10(5)
Omit “Commission”, substitute “CEO”.
24 At the end of section 10
Add:
A direction under this section is not a legislative instrument.
25 Parts III and IV
Repeal the Parts.
26 Part VI
Repeal the Part, substitute:
The CEO is to be appointed by the Minister by written instrument.
The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
An appointment under this section is not ineffective merely because of a defect or irregularity in relation to the appointment.
Terms and conditions
The CEO holds office on the terms and conditions (if any) in respect of matters not provided for by this Act that are determined by the Minister.
The CEO holds office on a full‑time basis.
The CEO is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the CEO is to be paid the remuneration that is prescribed.
The CEO is to be paid the allowances that are prescribed.
This section has effect subject to the Remuneration Tribunal Act 1973.
The CEO must not engage in paid employment outside the duties of his or her office except with the Minister’s approval.
The Minister may appoint a person to act as the CEO:
during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or
during any period, or during all periods, when the CEO is absent from duty or from Australia, or is, for any reason, unable to perform the duties of the office.
Section 33A of the Acts Interpretation Act 1901 contains provisions relating to acting appointments.
Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:
the occasion for the appointment had not arisen; or
there was a defect or irregularity in connection with the appointment; or
the appointment had ceased to have effect; or
the occasion to act had not arisen or had ceased.
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