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AUSTRALIAN TRADE COMMISSION LEGISLATION AMENDMENT ACT 2006 - 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:

Part   1 -- Preliminary

2   Subsection 3(1)

Repeal the subsection, substitute:

  (1)   In this Act:

"Australia" includes the Territories to which this Act extends.

"Australian organisation" means:

  (a)   any of the following entities carrying on a business in Australia:

  (i)   a natural person;

  (ii)   a partnership;

  (iii)   a company incorporated or formed in Australia; or

  (b)   an authority or body (including a body corporate and a corporation sole):

  (i)   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

  (ii)   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:

  (a)   the construction of works; or

  (b)   the provision of services; or

  (c)   the design, supply or installation of equipment or facilities; or

  (d)   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:

  (2)   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:

  (5)   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:

Part   2 -- Establishment and function of the Australian Trade Commission

7   Subsections 7(2), (3) and (4)

Repeal the subsections, substitute:

  (2)   The Commission consists of:

  (a)   the CEO; and

  (b)   the staff of the Commission referred to in section   60.

8   After section   7

Insert:

Part   3 -- Establishment and functions of the CEO

 

7A   Function of the Australian Trade Commission

    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:

7B   The Chief Executive Officer

    There is to be a Chief Executive Officer of the Commission.

Note:   For the appointment, terms and conditions of the CEO, see Division   1 of Part   6.

10   Section   8

Omit "Commission" (wherever occurring), substitute "CEO".

Note:   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:

9A   Overseas exercise of CEO's powers

    The powers of the CEO may be exercised, on behalf of the Commonwealth, in Australia or elsewhere.

9B   CEO may charge fees

    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:

Note:   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:

  (6)   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:

Part   6 -- CEO and staff

Division   1 -- Chief Executive Officer

51   Appointment of Chief Executive Officer

  (1)   The CEO is to be appointed by the Minister by written instrument.

  (2)   The CEO holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

  (3)   An appointment under this section is not ineffective merely because of a defect or irregularity in relation to the appointment.

Terms and conditions

  (4)   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.

52   Appointment to be full - time

    The CEO holds office on a full - time basis.

54   Remuneration and allowances

  (1)   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.

  (2)   The CEO is to be paid the allowances that are prescribed.

  (3)   This section has effect subject to the Remuneration Tribunal Act 1973 .

55   CEO not to engage in paid employment

    The CEO must not engage in paid employment outside the duties of his or her office except with the Minister's approval.

56   Acting CEO

  (1)   The Minister may appoint a person to act as the CEO:

  (a)   during a vacancy in the office of the CEO (whether or not an appointment has previously been made to the office); or

  (b)   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.

Note:   Section   33A of the Acts Interpretation Act 1901 contains provisions relating to acting appointments.

  (2)   Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:

  (a)   the occasion for the appointment had not arisen; or

  (b)   there was a defect or irregularity in connection with the appointment; or

  (c)   the appointment had ceased to have effect; or

  (d)   the occasion to act had not arisen or had ceased.

57   Leave of absence

  (1)   The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.

  (2)   The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

58   Resignation

    The CEO may resign from office by giving the Minister a written resignation that has been signed by the CEO.

59   Termination

  (1)   The Minister may terminate the appointment of the CEO for misbehaviour or physical or mental incapacity.

  (2)   The Minister may terminate the appointment of the CEO if:

  (a)   the CEO:

  (i)   becomes bankrupt; or

  (ii)   applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

  (iii)   compounds with his or her creditors; or

  (iv)   makes an assignment of his or her remuneration for the benefit of his or her creditors; or

  (b)   the CEO is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or

  (c)   the CEO engages, except with the Minister's approval, in paid employment outside the duties of his or her office.

  (3)   The Minister must terminate the appointment of the CEO if, in the Minister's opinion, the performance of the CEO has been unsatisfactory for a significant period of time.

Division   2 -- Staff of the Commission

60   Staff of the Commission

  (1)   The staff of the Commission are to be persons engaged under the Public Service Act 1999 .

  (2)   For the purposes of the Public Service Act 1999 :

  (a)   the CEO and the staff of the Commission together constitute a Statutory Agency; and

  (b)   the CEO is the Head of that Statutory Agency.

61   Locally engaged employees

    To avoid doubt, the CEO may, under section   74 of the Public Service Act 1999 , engage persons overseas to perform duties overseas as employees.

62   Consultants

    The CEO may, on behalf of the Commonwealth, engage consultants to perform services for the CEO related to the CEO's functions.

27   Part   VII (heading)

Repeal the heading, substitute:

Part   7 -- Corporate plans

28   Division   1 of Part   VII (heading)

Repeal the heading.

29   Subsection 64(1)

Repeal the subsection, substitute:

  (1)   The CEO must develop, and prepare in written form, a corporate plan, for the period specified in the plan, that:

  (a)   defines the principal objectives of the CEO in performing his or her functions during that period; and

  (b)   gives a broad outline of the strategies to be pursued by the CEO to achieve those objectives.

Note:   The heading to section   64 is altered by omitting " Commission " and substituting " CEO ".

30   Subsection 64(2)

Omit "Division", substitute "Part".

31   Subsection 64(3)

Repeal the subsection.

32   Subsection 65(1)

Omit "not less than 3 months, or such longer period as is prescribed,".

33   Section   66

Omit "Commission" (wherever occurring), substitute "CEO".

34   Division   2 of Part   VII

Repeal the Division.

35   Part   VIII

Repeal the Part.

36   Part   IX (heading)

Repeal the heading, substitute:

Part   9 -- Miscellaneous

37   Sections   90 to 92

Repeal the sections, substitute:

90   Delegations by Minister and CEO

  (1)   The Minister may, either generally or as otherwise provided in the instrument of delegation, by signed writing, delegate to the CEO all or any of the functions and powers of the Minister:

  (a)   under this Act (other than this power of delegation or the Minister's powers under sections   65 and 66); and

  (b)   under the Export Market Development Grants Act 1997 .

  (2)   The CEO may, either generally or as otherwise provided in the instrument of delegation, by signed writing, delegate all or any of his or her functions and powers under this Act or the Export Market Development Grants Act 1997 (other than this power of delegation) to a member of the staff of the Commission referred to in section   60.

Note:   Sections   34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

92   Annual reports

  (1)   The CEO must, as soon as practicable after 30   June in each financial year, prepare and give to the Minister a report on the Commission's operations during that financial year.

Note:   Section   34C of the Acts Interpretation Act 1901 contains provisions relating to annual reports.

  (2)   A report under subsection   (1) must include the following:

  (a)   information about the Commission's operations under the Export Market Development Grants Act 1997 ;

  (b)   particulars of all directions given by the Minister to the CEO under subsection 10(1), other than any direction that includes a statement to the effect that the direction is not to be disclosed:

  (i)   for reasons of national security; or

  (ii)   because its disclosure would have an adverse effect on the financial interests or property interests of the Commonwealth or of an instrumentality of the Commonwealth.

  (3)   The Minister must cause a copy of each annual report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

38   Subsection 94(1)

Repeal the subsection, substitute:

  (1)   This section applies to a person who is or has been:

  (a)   the CEO; or

  (b)   a member of the staff of the Commission referred to in section   60; or

  (c)   a consultant engaged under section   62.

39   Subsection 94(4)

Omit "the Commission" (first occurring), substitute "a person to whom this section applies".

40   Paragraph 94(4)(b)

Omit "Commission" (wherever occurring), substitute "CEO".

41   Sections   95 and 96

Repeal the sections.


Part   2 -- Amendment contingent on the Export Market Development Grants Legislation Amendment Act 2006

Australian Trade Commission Act 1985

42   Subsection 64(4)

Repeal the subsection, substitute:

  (4)   The reference in subsection   (1) to the functions of the CEO under this Act does not include a reference to any functions conferred on the CEO by the Export Expansion Grants Act 1978 .




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