Continued application of repealed Act
2 Continued application of repealed Act
Despite its repeal, the repealed Act continues to apply to:
a claimant whose claim for a grant under that Act had not yet been finalised immediately before 1 July 1997; and
Note: For claim not being finalised see subitem (3).
a person that would, but for the repeal of that Act, have been permitted by Austrade to submit a claim in respect of a claim period under subsection 13(2B) of that Act; and
a person to whom a grant was payable under the repealed Act immediately before 1 July 1997; and
a person that was, immediately before 1 July 1997, indebted to Austrade under section 39A or 40 of that Act; and
a person that was, immediately before 1 July 1997, liable to be prosecuted, or against whom a prosecution was at that time pending, for an offence against that Act.
In so far as it applies to a person because of subitem (1), the repealed Act has effect as if the definition of grant year in subsection 3(1) of that Act did not include:
the year commencing on 1 July 1996; or
a subsequent year.
For the purposes of paragraph (1)(a), a claim for a grant under the repealed Act is taken not to be finalised so long as:
Austrade has not made a determination under section 12 of that Act whether the claimant is entitled to a grant; or
such a determination by Austrade in respect of the claimant, or a decision of a court affecting that determination, may still be, or is, subject to a review by, or an appeal to, another court.
In this item:
Austrade means the Australian Trade Commission established by section 7 of the Australian Trade Commission Act 1985.
court includes the Administrative Appeals Tribunal.
repealed Act means the Export Market Development Grants Act 1974.
Schedule 2-Amendment of the Australian Trade Commission Act 1985
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